HomeMy WebLinkAbout2025-06-24 City Commission Meeting Agenda Packet - Addendum No. 2
AGENDA
DANIA BEACH CITY COMMISSION
REGULAR MEETING
TUESDAY, JUNE 24, 2025 - 7:00 PM
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS
MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT
COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE
CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL TWO HUNDRED FIFTY DOLLARS ($250.00)
REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE:
WWW.DANIABEACHFL.GOV. (ORDINANCE #2012-019; AMENDED BY ORDINANCE #2019-019)
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN
ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA
BEACH, FL 33004, (954) 924-6800 EXTENSION 3624, AT LEAST 48 HOURS PRIOR TO THE MEETING.
IN CONSIDERATION OF OTHERS, WE ASK THAT YOU:
A. PLEASE TURN CELL PHONES OFF, OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE
ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING.
B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN
ORDER NOT TO INTERRUPT THE MEETING.
DECORUM POLICY FOR MEETINGS OF THE CITY COMMISSION
OF THE CITY OF DANIA BEACH, FLORIDA:
INDIVIDUALS WHO WISH TO MAKE ANY “CITIZEN’S COMMENTS” UNDER THAT PORTION OF THE CITY COMMISSION
AGENDA, OR WHO OTHERWISE WANT TO ADDRESS THE CITY COMMISSION, MUST FIRST BE REGISTERED WITH THE CITY
CLERK (FORMS ARE AVAILABLE OUTSIDE OF THE CITY COMMISSION CHAMBERS AND MUST BE GIVEN TO THE CLERK
BEFORE THE MEETING). OTHERS WHO WANT TO ADDRESS THE COMMISSION ON ANY MATTERS MUST FIRST BE
RECOGNIZED BY THE MAYOR. ALL SUCH PERSONS MUST USE THE PODIUM IN THE COMMISSION CHAMBER. NO MORE
THAN ONE PERSON AT A TIME MAY ADDRESS THE COMMISSION FROM THE PODIUM. COMMENTS ARE ONLY TO BE MADE
TO THE CITY COMMISSION AND ARE NOT TO BE DIRECTED TO THE AUDIENCE OR CITY STAFF.
NO INDIVIDUAL SHALL MAKE ANY SLANDEROUS OR UNDULY REPETITIVE REMARKS, OR ENGAGE IN ANY OTHER
FORM OF BEHAVIOR THAT DISRUPTS OR IMPEDES THE ORDERLY CONDUCT OF THE MEETING, AS DETERMINED BY THE
MAYOR. NO INDIVIDUAL MAY SPEAK DIRECTLY TO OR ADDRESS THE MAYOR, CITY COMMISSIONER OR CITY STAFF:
COMMENTS ARE TO BE ONLY DIRECTED TO THE COMMISSION AS A WHOLE. NO CLAPPING, APPLAUDING, HECKLING OR
VERBAL OUTBURSTS IN SUPPORT OF OR OPPOSITION TO A SPEAKER OR HIS OR HER REMARKS SHALL BE PERMITTED. NO
SIGNS OR PLACARDS SHALL BE PERMITTED IN THE COMMISSION CHAMBER.
IF ANY PERSON’S CONDUCT AS DETERMINED BY THE MAYOR IS FOUND TO BE DISRUPTIVE OR INTERFERES WITH
THE ORDERLY CONDUCT OF THE MEETING, THE PERSON MAY BE ASKED BY THE MAYOR TO LEAVE THE COMMISSION
CHAMBERS; IF THE PERSON DOES NOT LEAVE AND THE CONDUCT PERSISTS, THE CITY POLICE DEPARTMENT WILL BE
REQUESTED TO ESCORT THE INDIVIDUAL FROM THE CITY COMMISSION CHAMBERS.
ALL CELLULAR TELEPHONES ARE TO BE SILENCED DURING THE MEETING. ALL PERSONS EXITING THE COMMISSION
CHAMBER SHALL DO SO QUIETLY. (RESOLUTION #2020-032)
ADDENDUM NO. 1
(Items in red are new and/or revised)
1. CALL TO ORDER/ROLL CALL
Agenda – Dania Beach City Commission
Tuesday, June 24, 2025 - 7:00 PM
Page 2 of 6
2. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE
3. PRESENTATIONS AND SPECIAL EVENT APPROVALS
1. Mr. Marty Kiar, Broward County Property Appraiser - Sponsored by Commissioner
Lewellen
2. Presentation to Principal Tracy D. Jackson, Collins Elementary School - Sponsored by
Commissioner Rimoli
3. Advisory Board Reports:
- Green Advisory Board
- Marine Advisory Board
4. Presentation of Resident Only Cemetery Burials - Public Services
5. Request for Proclamation Approval:
- St. Ruth Missionary Baptist Church - 117th Anniversary - August 17, 2025 -
Sponsored by Mayor Davis
- Juneteenth Day - Sponsored by Mayor Davis
6. Special Event Application:
- Rita Crockett Beach Sports Academy - Festival Event
- Lululemon Grand Opening Weekend
4. PROCLAMATIONS: None
1. Juneteenth Day - Sponsored by Mayor Davis
5. ADMINISTRATIVE REPORTS
1. City Manager
2. City Attorney
3. City Clerk - Reminders
- July 8, 2025 CRA Board Meeting - 6 p.m.
- July 8, 2025 City Commission Meeting - 7 p.m.
6. PUBLIC SAFETY REPORTS
7. CITIZENS' COMMENTS
Addressing the Commission: A thirty (30) minute "Citizen Comments" period shall be designated on the agenda for citizens and
interested persons to speak on matters whether or not scheduled on that day's agenda. Individuals wishing to speak on a matter
not included on the "Public Hearing" section of the agenda, which matter pertains to an item before the City Commission which
requires a decision of the City Commission, may do so by signing in and submitting a form to that effect with the City Clerk prior
Agenda – Dania Beach City Commission
Tuesday, June 24, 2025 - 7:00 PM
Page 3 of 6
to the meeting. Speakers at Public Hearings shall also submit such a form. Each speaker shall be limited to 3 minutes for his or
her comments. If more than ten (10) speakers express a desire to speak, the Commission shall determine on a meeting by meeting
basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number
of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker.
8. CONSENT AGENDA
1. Minutes: June 10, 2025 City Commisssion Meeting Minutes
2. Travel Requests: None
3. Request for Use of Discretionary Funds
- I.T. Parker Center Rental Fees - Sponsored by Mayor Davis
4. RESOLUTION NO. 2025-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AMENDING RESOLUTION NO.’S 2018-031, 2018-043, AND 2025-023,
RELATING TO THE CITY’S BRAND DESIGN AND LOGO, TO CLARIFY WHEN
THE LOGO CAN BE USED; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Mayor Davis)
5. RESOLUTION NO. 2025-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A
ONE-YEAR EXTENSION OF THE MEMORANDUM OF UNDERSTANDING
AGREEMENT (MOU) BETWEEN THE CITY OF DANIA BEACH AND THE
BROWARD COUNTY SHERIFF’S OFFICE FOR THE FY 2022 EDWARD BYRNE
JUSTICE ASSISTANCE GRANT PROGRAM (JAG); PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public
Services)
6. RESOLUTION NO. 2025-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN
AGREEMENT WITH METRIC ENGINEERING INC. FOR THE SOUTHEST
DRAINAGE PHASE II CONSTRCUTION, ENGINEERING, AND INSPECTION
(“CEI”) SERVICES PURSUANT TO REQUEST FOR QUALIFICATIONS (“RFQ”)
NO. 2025-008 IN THE AMOUNT OF NINE HUNDRED NINETY-THREE
THOUSAND NINE-HUNDRED FIFTY DOLLARS ($993,950.00); PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (Public Services)
7. RESOLUTION NO. 2025-____
Agenda – Dania Beach City Commission
Tuesday, June 24, 2025 - 7:00 PM
Page 4 of 6
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING CHANGE ORDER NO. 3 TO THE CONTRACT FOR THE
LIFT STATION GENERATORS PROJECT (LIFT STATIONS 1, 2 AND 3), TO
COVER SCOPE CHANGES DUE TO REVISED ELECTRICAL PLANS IN AN
AMOUNT NOT TO EXCEED SEVENTY-TWO THOUSAND EIGHT HUNDRED
NINETY-FOUR DOLLARS AND FIFTY-FIVE CENTS ($72,894.55); PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public
Services)
8. RESOLUTION NO. 2025-_____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE
2025 AMENDED AND RESTATED TRANSPORTATION SYSTEM SURTAX
INTERLOCAL AGREEMENT WITH BROWARD COUNTY; PROVIDING FOR
CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. (Public
Services)
9. RESOLUTION NO. 2025-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, UPDATING AND AMENDING THE FEE SCHEDULE UNDER THE
MITIGATION FEE PROGRAM ASSOCIATED WITH THE MITIGATION OF
TRAFFIC IMPACTS FOR THE AREA WITHIN THE DANIA BEACH REGIONAL
ACTIVITY CENTER (“RAC”), DESIGNATED ON THE FUTURE LAND USE
ELEMENT OF THE COMPREHENSIVE PLAN, AS OUTLINED IN THE
BROWARD COUNTY LONG RANGE TRANSPORTATION PLAN (“LRTP”);
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE. (Community Development)
10. RESOLUTION NO. 2025-_____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING A LICENSE AGREEMENT WITH SOUTH BROWARD
HOSPITAL DISTRICT TO USE PARKING SPACES LOCATED IN THE CITY
PARKING GARAGE UPON PAYMENT OF APPLICABLE FEES; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(Community Development)
11. RESOLUTION NO. 2025-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING A GRANT AGREEMENT WITH THE FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES (DMS) UNDER THE LOCAL
GOVERNMENT CYBERSECURITY PROGRAM; PROVIDING FOR CONFLICTS;
Agenda – Dania Beach City Commission
Tuesday, June 24, 2025 - 7:00 PM
Page 5 of 6
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Information Technology)
9. BIDS AND REQUESTS FOR PROPOSALS
1. RESOLUTION NO. 2025-_____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE AWARDING FOR THE INVITATION TO BID
(ITB) NO. 25-013 TO U.S. WATER SERVICES CORPORATION DBA ROCHA
CONTROLS FOR CALIBRATIONS AND REPAIRS OF FLOW METERS AND
RELATED DEVICES TO BE VALID EACH YEAR THE CONTRACT IS IN PLACE,
AND FURTHER PROVIDING THAT SUCH PURCHASES ARE TO BE MADE
WITHIN THE WATER DIVISION’S APPROVED BUDGET APPROPRIATIONS
ACCOUNT; IN AN AMOUNT OF SEVENTY-FIVE THOUSAND DOLLARS
($75,000.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (Public Services)
2. RESOLUTION. NO. 2025-_____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE CITY COMMISSION TO RANK THE THREE
FIRMS THAT RESPONDED TO THE CITY’S REQUEST FOR QUALIFICATIONS
(“RFQ”) NO. 25-011, ENTITLED “CONSTRUCTION MANAGER AT RISK
SERVICES”, FOR CONSTRUCTION MANAGEMENT SERVICES RELATED TO
NEW CONSTRUCTION AT P.J. MELI AQUATIC COMPLEX, AND TO
AUTHORIZE CONTRACT NEGOTIATIONS TO BEGIN WITH THE TOP-
RANKED CONSULTANT; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (Parks and Recreation)
10. QUASI-JUDICIAL & PUBLIC HEARING ITEMS: None.
11. FIRST READING ORDINANCES
First reading ordinances under this section are not subject to public hearing and may be taken all at once, unless pulled by the
City Commission. A public hearing and discussion will take place at second reading of all ordinances within its respective section
of the agenda.
1. ORDINANCE NO. 2025-______
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 28, ENTITLED “LAND
DEVELOPMENT CODE”, AT PART 2, ENTITLED “SITE DEVELOPMENT
REGULATIONS”, ARTICLE 265 ENTITLED “OFF STREET PARKING
Agenda – Dania Beach City Commission
Tuesday, June 24, 2025 - 7:00 PM
Page 6 of 6
REQUIREMENTS AT SECTION 265-50 ENTITLED “OFF-STREET PARKING
REQUIRED; ON-STREET PARKING CREDIT” IN ORDER TO REDUCE THE
REQUIRED PARKING FOR HOTELS IN THE CRA FORM-BASED ZONING
DISTRICT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.(Community Development)
2. ORDINANCE NO. 2025-______
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING THE CITY’S PUBLIC ART FEE IMPOSED ON
DEVELOPMENTS, BY AMENDING CHAPTER 28, ENTITLED THE “LAND
DEVELOPMENT CODE” AT SECTION 811-50, “APPLICATION PROCEDURES
FOR PLACEMENT OF ART ON PRIVATE PROPERTY,” AND SECTION 811-70.
ENTITLED “BUILDING PERMITS”; PROVIDING FOR CONFLICTS; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (Community Development)
12. SECOND READING ORDINANCES: None
13. DISCUSSION AND POSSIBLE ACTION
1. Request to Attend the Annual Southeast Florida Climate Leadership Summit and
Discussion on Sponsorship - Sponsored by Mayor Davis
2. Discussion on Policy for Commission Presentations - Sponsored by Mayor Davis
3. RESOLUTION NO. 2025-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AMENDING THE CITY COMMISSION SPENDING POLICY AND
PROCEDURE FOR BUDGETED EVENTS OUTSIDE OF COMMUNITY GRANTS
OR DISCRETIONARY FUNDS POLICIES TO ELIMINATE THE REQUIREMENT
FOR REVIEW OF THE TAX RETURNS; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Commissioner
Ryan)
14. APPOINTMENTS: None
15. COMMISSION COMMENTS
16. ADJOURNMENT
City of Dania Beach
Parks & Recreation Memorandum
DATE: 6/24/2025
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Tyrone Cornileus, Event Liaison, Parks and Recreation
SUBJECT: Special Event Request: Rita Crockett Beach Sports Academy
Request:
Rita Crockett Beach Sports Academy - Festival Event:
The Rita Crockett Beach Sports Academy has requested a special event application/permit to
host the grand opening of the Rita Crockett Beach Sports Academy at Frost Park (300 NE 2nd
Street, Dania Beach, FL 33004) on Saturday, June 28, 2025 from 9:00am - 3:30pm.
Background:
Rita Crockett Beach Sports Academy - Festival Event
The event will take place at Frost Park on Saturday, June 28, 2025 from 9:00am - 3:30pm. The
grand opening event will provide an opportunity for community members of all ages to engage
in complementary trial classes led by our experienced trainers. Attendees will also have the
chance to observe live demonstrations of each sport. highlighting the skills and excitement
inherent to beach athletics. In addition to the sporting activities, the event will feature a festival
environment with vendors located in the grassy area, there will be a fashion show and a DJ,
creating an engaging atmosphere for all. The grand opening will also foster community
engagement through interactions with our trainers, who will share insights about the benefits of
participating in beach sports for overall health and well-being.
Budgetary Impact
Rita Crockett Special Event Application/Permit Fee: $300
Recommendation
Rita Crockett Beach Sports Academy - Festival Event
Department Review: Comments:
BSO Fire: Approved with conditions.
Building Official Building permits required.
(Electrical/Structural)
City Attorney No issues
Code Enforcement No issues
Planning & Zoning No issues
Hr/ Risk Mgmt- COI requested for vendors
Parks & Recreation No issues
Public Services No issues
BSO Police Dept. No issues
CITY OF DANIA BEACH
SPECIAL EVENT APPLICATION
Submit a COMPLETED APPLICATION, SITE PLAN AND SITE PLAN NARRATIVE by email. Please make sure all sections are completed and all pages are initialed by the applicant. Incomplete application will be returned to applicant. After you submit the application with your fee, you will be contacted by the Special Event Coordinator to review and further process your application. The Special Event Coordinator will contact you once the review Is complete to provide conditions or comments and the next avaJlable date for City Commission approval (if required).
If issued a special event permit this doesn't authorize usage of our City of Dania Beach logo.
PART I: EVENT REQUEST
If issued a If issued a special event permit this doesn't authorize usage of city logo.
Event Name: Rita Crockett Beach Sp011s Academy The Pit Grand Opening
Type of Event: Minor Event -X Major Event -less than 500 people, single day event, no road closures more than 500 people, consecutive multi-day event. roadclosures (major event requires Commission approval) Wedd1ng
Is your event located In a public park or City property? _x Y es ___ No
Is your event located on the beach? Yes __ X_No
Location: Frost Park
Expected maximum attendance 400 Expected sustained attendance -=10�0�----Has this event been held in the past? __ y es __ X_No If yes, please Ust the past dates, locations and attendance _________________ _
Detailed Description: (Activities, Vendors, Entertainment, etc.)
The grand opening event will provide au opportunity for collllllunity members of all ages to engage in complin1entary trial classes led by
our experienced trainers. Attendees will also have the chance to observe live demonstrations of each sport. highlighting the skills and
excitement inherent to beach athletics. In addition to the sporting activities, the event will feature a festival environment with vendors
located in the grassy area, a stage will showcase a fashion show and a DJ, creating an engaging atmosphere for all. On day t\vo, there will
be live music, further enhancing the conmrnnity celebration. The grand opening will also foster community engagement tlu·ough
interactions with our trniners, who will share insights about the benefits of participating in beach sports for overall health and well-being.
Date and Time:
SETUP:
EVENT DAY 1:
EVENT DAY 2:
EVENT DAY 3:
BREAKDOWN:
DATE
6/27/2025
6/28/2025
6/28/2025
Ordinance #2021-013
DAY BEGIN END
.....J.;,QQ_AM/PN\ �AM/Pl'X
9:00 AM/PM ___AM/Ptxll
__ AM/PM __ AM/PM
__ AM/PM __ AM/PM
Attendance
10
400
---=-=10-711(:)n
1 of7
___AM/PM ___AM/PM
3:30
3:30 8:00
PART II: APPLICANT
Organization Name Rita Crockett Beach Sports Academy
For-Pro flt Nof'UIProflt Private
Name of Authorized Signatory Rita Buck-Crockett (as registered In Sunblz)
Address: 2925 Hidden Harbour st City, State, Zip: Fort Lauderdale, fl. 33312
Date of registration: Ol/24/2024 State registered ln:_FL ____ Federal ID# 99-1759972
Email Address: rita@ritacrockcttacademy.com
Event Coordinator Name Marrita Crockett-Moulton
Business Development and Operations Director
Title: __________ Phone: 954-300-6887
EmaJI address: marri@ritacrockettacademy.com
Phone: 954-300-6887
Phone: 319-594-7332
Cell: 3195947332
Additional Contact Name ___ Re_,,n __ e.._B __ uc __ k _________ Will you be on site?_X_Yes __ No
Title: Trcsurer Phone: 954-300-6887 Cell: 850-321-3024
Emall address: rene@ritacrockettacademy.com Fax: ___________ _
Event Production Company (if other than applicant) __,_N.,_,_A.,__ ____________ _
Address: ________________ City, State. Zip: _________ _
Contact Name: ____________ Ti_tle: _______________ _
Phone (day) _________ (night) _____ Cell: _______ _
Email address: Fax: -------------------------------
PART III: EVENT INFORMATION
AU City permits must be obtained through the City's Building Division using the Bullding Permit Application form. Apply and pay for the permits at least 30 days before the event. Contact the Building Division at (954) 924-6805 wlth any questions.
Admission/Registration
Alcohol for Sale
Open to the public, with paid VIP area $60; __ Yes __x_No
If yes, how will tl1e beverages be controlled and served? (Draft truck, bar tender, beer tub, etc.)
Provide State of Florida alcohol licenses and $500,000 of Liquor Liablllty Insurance 30 days before event.
Amusement Ride __ Yes__No
If yes, name a contact of company: ________________________ _ What type of rides are you planning? _____ _
Florida Bureau of Fair Rides, Ron Jacobs (850) 921-1530 must be contacted 30 days before the event to schedule Inspections and final approval of all vendors and rides prior to use.
2 of7
Ordinance #2021-013
utlize community center for private VIP experience
X South Florida Bounce and Slide
_____________Inflatable games and Bounce house_____
Yes __ No
lf yes, how much?$ ______
_ Alcohol for Fee____ Yes __ No
Licensed catering company- Swiggle Marketing Agency
XX
Electricity__ Yes __ No Generator_ Yes __ No Amount of Kilowatts ____ _ Events requiring electricity must be permitted. Company: ____
Name of Electrician: ---------------
License #:________
Phone:
Entertainment_L Y es __ No If yes, what type of entertainment will be there? Any notable docwnents? NA
Fencing or Barricades_ Yes __ X_No Include proposed fences In your Site Plan & Narrative
Fireworks & Flame Effects_Yes X No Name & Contact of Company conducting the show: ___________________ A permit and Fire Watch Is required for all pyrotechnics displays.
Food Vendors x Yes __ No Food Trucks x Yes __ No Cooking Appliance Types (charcoal grills gas grills, deep fryers, etc.) ___________ _ State Health Dept. Tara Palmer at (594) 397-9366 must be notified 10 days prior to event. All Food Vendors must be inspected by BSO Fire to ensure compliance prior to serving food. A fire extinguisher ls required for each food booth. If a propane tank ls used for a fuel source, II must be secured on the outside of the booth. LP Gas permits may be required.
Will any type of cooking appliances be used by either the Sponsor of the Event or any of its vendors? __Yes ___ No
If so, Indicate the type of appllance(s) to be used and the number of each applicant to be used:
NIA Electric Grill(s) #__ Gas Grill(s) #__ Charcoal Grlll(s) #__ Smoker Grlll(s) #_
Grease Fryer(s) #_ Oven(s) #__ Electric Range Burner(s) #__ Gas Range Burner(s) # __
P(eare Note - Grease Fryers are not permJtted Indoors unless they are protected with an approved Hood and a UL300 Compliant Wet Chemical Automatic Fire Suppression System in accordance with NFPA 96.
Does each cooking appliance have Its own dedicated Fire Extinguisher? Yes No NAPleaw No(e - Each cooking appliance must have I.ts own dedicated fire extinguisher. Class K fire
extinguishers are required for fryers. You need to demonstrate that this requirement will be met by making a note on the site plan indicating compliance with all of the above requirements or providing a letter to the fire prevention bureau.
Does each cooking area have the proper clearances from all other event areas?__Yes ___ No Please Note- Cooking areas can be located no closer than 30 feet from any tent or canopy structure, event rides, stages, grandstands of bleachers, etc. Ensure that this measurement Is demonstrated on the site plan.
Food Truck and vendors that are participating at the event.
1.Fire Safety Inspection ls required the day of the event.2.Certified Gas Company to Inspect the food trucks and any vendor that ls cooking with gas prior tocooking for the opening of the event. (Leak detection test).3. Food trucks that are participating must have an approved and updated fire suppressionextlnguisWng system.4.Food trucks are to be 10 feet apart from other food trucks. Vendors Umt are cooking outside Inseparated booths must be 10 feet apart from other vendors U1at are cooking.5.All vendors that are cooking must have the proper fire extinguisher to extinguish U1elr product.
Muslc_L Yes ___ No If yes, what music format(s) will be used? (Ampllfled, acoustic, recorded, Iive. MC, bl etc.):
3of7
Ordinance #2021-013
Playa Bowls
X
South Florida Bounce and Slide
Michael O’Keefe
6500 watt
561-245-7100
L24000289759
X
X
List the type of equipment you will use (speakers, amplifier, drums, etc.): speakers microphones
Stages Yes _X_ No Type (wood, metal, trailer stage, etc.)_Community Center Back Patio
_______ _ Stages may require permits.
Days and times music will be played: DJ, live music and MC June 28th 10-3:30
How close ls the event to the nearest residence? 200 _feet______ _
_
It Is the responsibility of the event coordinators/promoter to reach out to businesses within proximity of the event.
Parking Impact __ Yes __ X_No lf yes, lot location(s)? __________ _
Date(s) of Closure __________ Tlme(s) of Closure ___________
AH Parking Spaces that are Impacted by an event will be billed to the event organizer through the City's Parking Division and must be paid In full before the event.
Road Closings ___ Y es __ X_No If yes, define Closure(s) ____________ _
Date(s) of Closure ___________ Tlme(s) of Closure ____________ _
Sanitation & WasteWill the event encourage Recycling and Sustalnabillty? __X_ Yes No Recycling must be provided at all City events, facilities & parks. All dumpsters must be removed at the end of the event.
Company Name _____________ Contact Phone ______ _
All grounds must be cleaned up immediately after completion of event or you will be subject to fees. You are responsible for securing recycling services.
Security/Police� Y es __ _ No
Name Drew Snape Phone _78_6_-5_0_6_-9_7_93 _______ _
Security companies and their plans must be approved, and you may still be required to hire BSO Police.
Security Company In-Kind sccuirty detail Contact� _____ .Phone. ______ _
Tents or Canopies_x __ Yes'---__ .No No penetration of ground spike Is allowed. AU structures must be water-weighted. Tents larger than 10 x IO require a permit.
Quantity and size of each? _30 _- _1o_ x_ 1_0"-, _ _
____________ __________
Company Name Contact Phone (561-245-7100
A detalled Site Plan showing the locations and size of each canopy or tent Is requir ed. A permit and final Inspection
Is required if there are multiple canopies, If they are going to be used for cooking or If there are tents with walls. All
tents must be flame retardant. A certlflcate of flame retardancy and a sample of the tent fabric for filed testing must
be submitted for product approval with this application. This Information can be obtained from the tent manufacturer
or the tent rental company. Participating vendors must be separated by a minimum of 3 feet regardless with usage of
a tent or a canopy classlflcatlon.
Toilets_Yes __xNo
All toilets must be removed within 24 hours. Portable Toilets are regulated by Broward County. Please contact the
Environmental Manager at (954) 412-7334.
Transportation Plan __ Yes __ X_No Any events larger than $5,000 people must have an approved Transportation Plan.
4of7
Ordinance #2021-013
Requesting the use of the community center privately as part of the event
___South Florida Bounce and Slide
1-800-Got-Junk 1-877-296-8877
Entrance
Generator
10 x 10Tent(blue)
Stage
Bounce
House
Food Truck
CITY OF DANIA BEACH
PARKS & RECREATION DEPARTMENT
MEMORANDUM
DATE: June 20, 2025
TO: Honorable Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
CC: Cassi Waren, Parks & Recreation Director
VIA: Ashley Vlasic, Division Manager Community Events; Tyrone Cornileus, Special Events
Liaison
RE: Lululemon Grand Opening Weekend
Request
A Special Event is requested by Lululemon to host a series of workout classes on the lawn of Dania Pointe
to promote the opening of their new location in Dania Beach. The classes will be held on Friday, June 27,
Saturday, June 28 and Sunday, June 29 from 8:00 AM – 9:30 AM.
Background
The event will take place on the lawn at Dania Pointe on Friday, June 27; Saturday, June 28; and Sunday,
June 29, from 8:00 AM to 9:30 AM each day.
This grand opening event will offer community members of all ages the opportunity to participate in
complimentary trial classes. The planned schedule includes:
Friday: Mat Pilates class with Reform Pilates
Saturday: Yoga class with Yoga Joint
Sunday: Run club warm-up with Broward Run Club
Due to the late submission of this application, City staff is bringing it before the City Commission for
approval to host the three-day event. However, please note that the event has not yet been approved by the
Special Event Review Team.
If the application is approved by the City Commission, the applicant must address all comments and
requirements from City staff before receiving final approval to move forward with the event.
Budgetary Impact
The special events application fee for this event is $450.00.
1 of 6
Ordinance #2021-013
CITY OF DANIA BEACH
SPECIAL EVENT APPLICATION
Submit a COMPLETED APPLICATION, SITE PLAN AND SITE PLAN NARRATIVE by email. Please make
sure all sections are completed and all pages are initialed by the applicant. Incomplete application will be returned to
applicant. After you submit the application with your fee, you will be contacted by the Special Event Coordinator to
review and further process your application. The Special Event Coordinator will contact you once the review is
complete to provide conditions or comments and the next available date for City Commission approval (if required).
Event Name:
Type of Event: Minor Event - less than 500 people, single day event, no road closures
Major Event - more than 500 people, consecutive multi-day event, road closures
(major event requires Commission approval)
Wedding
Is your event located in a public park or City property? ____ Yes ____ No
Is your event located on the beach? ____ Yes ____ No
Location:
Expected maximum attendance Expected sustained attendance
Has this event been held in the past? ____ Yes ____ No
If yes, please list the past dates, locations and attendance
Detailed Description: (Activities, Vendors, Entertainment, etc.)
Date and Time: DATE DAY BEGIN END Attendance
SETUP: ______AM/PM ______AM/PM ________
EVENT DAY 1: ______AM/PM ______AM/PM ________
EVENT DAY 2: ______AM/PM ______AM/PM ________
EVENT DAY 3: ______AM/PM ______AM/PM ________
BREAKDOWN: ______AM/PM ______AM/PM ________
PART I: EVENT REQUEST
2 of 6
Ordinance #2021-013
Organization Name Name of Authorized Signatory
For-Profit Non-Profit Private (as registered in Sunbiz)
Address: City, State, Zip:
Date of registration: State registered in: Federal ID #
Email Address: Phone:
Event Coordinator Name Phone:
Title: Phone: Cell:
Email address: Fax:
Additional Contact Name Will you be on site? ____ Yes ____ No
Title: Phone: Cell:
Email address: Fax:
Event Production Company (if other than applicant)
Address: City, State, Zip:
Contact Name: Title:
Phone (day) (night) Cell:
Email address: Fax:
All City permits must be obtained through the City’s Building Division using the Building Permit
Application form. Apply and pay for the permits at least 30 days before the event. Contact the Building
Division at (954) 924-6805 with any questions.
Please be advised that if an entity is sponsoring an event and/or is on City property, it is required to have
present a certificate of insurance with a minimum amount of $1M general liability and with the City listed
as Additional Insured. There may be other or additional insurance requirements such as worker’s
compensation or auto insurance, etc., for example, depending upon the event details, and as determined by
the City.
Admission/Registration ____ Yes ____ No If yes, how much? $
Alcohol for Sale ____Yes ____ No Alcohol for Fee ____ Yes ____ No
If yes, how will the beverages be controlled and served? (Draft truck, bar tender, beer tub, etc.)
Provide State of Florida alcohol licenses and $500,000 of Liquor Liability insurance 30 days before event.
Amusement Ride ____ Yes ___No
If yes, name a contact of company:
PART II: APPLICANT
PART III: EVENT INFORMATION
3 of 6
Ordinance #2021-013
What type of rides are you planning?
Florida Bureau of Fair Rides, Ron Jacobs (850) 921-1530 must be contacted 30 days before the event to schedule
inspections and final approval of all vendors and rides prior to use.
Electricity ____ Yes ___No Generator ____ Yes ___No Amount of Kilowatts ___________
Events requiring electricity must be permitted.
Company: License #:
Name of Electrician: Phone:
Entertainment ____ Yes ____ No
If yes, what type of entertainment will be there? Any notable documents?
Fencing or Barricades ____ Yes ____ No
Include proposed fences in your Site Plan & Narrative
Fireworks & Flame Effects ____ Yes ____ No
Name & Contact of Company conducting the show:
A permit and Fire Watch is required for all pyrotechnics displays.
Food Vendors _____ Yes ____ No Food Trucks _____ Yes ____ No
Cooking Appliance Types (charcoal grills gas grills, deep fryers, etc.)
State Health Dept. Tara Palmer at (594) 397-9366 must be notified 10 days prior to event. All Food Vendors must be
inspected by BSO Fire to ensure compliance prior to serving food. A fire extinguisher is required for each food booth.
If a propane tank is used for a fuel source, it must be secured on the outside of the booth. LP Gas permits may be
required.
Will any type of cooking appliances be used by either the Sponsor of the Event or any of its vendors?
____ Yes ____ No
If so, indicate the type of appliance(s) to be used and the number of each applicant to be used:
N/A Electric Grill(s) #___ Gas Grill(s) #___ Charcoal Grill(s) #___ Smoker Grill(s) #___
Grease Fryer(s) #___ Oven(s) #___ Electric Range Burner(s) #___ Gas Range Burner(s) #___
Please Note – Grease Fryers are not permitted indoors unless they are protected with an approved Hood
and a UL300 Compliant Wet Chemical Automatic Fire Suppression System in accordance with NFPA 96.
Does each cooking appliance have its own dedicated Fire Extinguisher? ____ Yes ____ No
Please Note – Each cooking appliance must have its own dedicated fire extinguisher. Class K fire
extinguishers are required for fryers. You need to demonstrate that this requirement will be met by making
a note on the site plan indicating compliance with all of the above requirements or providing a letter to the
fire prevention bureau.
Does each cooking area have the proper clearances from all other event areas? ____ Yes ____ No
Please Note – Cooking areas can be located no closer than 30 feet from any tent or canopy structure, event
rides, stages, grandstands of bleachers, etc. Ensure that this measurement is demonstrated on the site plan.
Food Truck and vendors that are participating at the event.
1. Fire Safety Inspection is required the day of the event.
2. Certified Gas Company to inspect the food trucks and any vendor that is cooking with gas prior to
cooking for the opening of the event. (Leak detection test).
3. Food trucks that are participating must have an approved and updated fire suppression
extinguishing system.
4. Food trucks are to be 10 feet apart from other food trucks. Vendors that are cooking outside in
separated booths must be 10 feet apart from other vendors that are cooking.
4 of 6
Ordinance #2021-013
5. All vendors that are cooking must have the proper fire extinguisher to extinguish their product.
Music ____ Yes ____ No
If yes, what music format(s) will be used? (Amplified, acoustic, recorded, live, MC, DJ, etc.):
List the type of equipment you will use (speakers, amplifier, drums, etc.):
Stages _____ Yes ____ No Type (wood, metal, trailer stage, etc.)
Stages may require permits.
Days and times music will be played:
How close is the event to the nearest residence?
It is the responsibility of the event coordinators/promoter to reach out to businesses within proximity of the event.
Parking Impact ____ Yes ____ No If yes, lot location(s)?
Date(s) of Closure Time(s) of Closure
All Parking Spaces that are impacted by an event will be billed to the event organizer through the City’s Parking
Division and must be paid in full before the event.
Road Closings _____ Yes ____ No If yes, define Closure(s)
Date(s) of Closure Time(s) of Closure
Sanitation & Waste
Will the event encourage Recycling and Sustainability? ____ Yes ____ No
Recycling must be provided at all City events, facilities & parks. All dumpsters must be removed at the
end of the event.
Company Name Contact Phone
All grounds must be cleaned up immediately after completion of event or you will be subject to fees. You are
responsible for securing recycling services.
Security/Police ___ Yes ____ No
Name Phone
Security companies and their plans must be approved, and you may still be required to hire BSO Police.
Security Company Contact Phone
Tents or Canopies ____ Yes ____ No
No penetration of ground spike is allowed. All structures must be water-weighted. Tents larger than 10 x 10 require
a permit.
Quantity and size of each?
Company Name Contact Phone
A detailed Site Plan showing the locations and size of each canopy or tent is required. A permit and final inspection
is required if there are multiple canopies, if they are going to be used for cooking or if there are tents with walls. All
tents must be flame retardant. A certificate of flame retardancy and a sample of the tent fabric for filed testing must
be submitted for product approval with this application. This information can be obtained from the tent manufacturer
or the tent rental company. Participating vendors must be separated by a minimum of 3 feet regardless with usage of
a tent or a canopy classification.
Toilets ____ Yes ____ No
5 of 6
Ordinance #2021-013
All toilets must be removed within 24 hours. Portable Toilets are regulated by Broward County. Please contact the
Environmental Manager at (954) 412-7334.
Transportation Plan ____ Yes ____ No
Any events larger than $5,000 people must have an approved Transportation Plan.
Your Event may require Security and Emergency Services which will be determined using this application,
your Site Plan and Narrative. MOT, transportation plan and any additional information requested during
your Special Events meeting. The hourly rate and costs for services will be quoted on the “Cost Estimate”
worksheet developed at the meeting and provided to the organizer. The cost may change after the meeting.
POLICE
Your event may require security services based on expected attendance and other risk factors such as
alcohol, time, day, location, event type of weather. Depending on your event, it may be possible to
supplement some of the Police services with a private third-party security company if their security plan is
approved by the BSO Police Department. If you want to use a private security company, their proposed
security plan must be presented along with their business license and contact information with this event
application. The Police will review the plan and inform you if it meets City requirements.
BSO DETAIL REQUIREMENT
Based upon anticipated attendance, site or building size, site location, and ability to assure public safety
requirements, a Broward Sheriff’s Office detail may be required.
FIRE WATCH REQUIREMENT
A fire watch may be imposed depending on the type of event, number of persons present and/or hazards
involved. The number of personnel and apparatus required may vary depending on the type of event and
hazards involved. Below are the current rates charged for the presence of a fire watch detail and/or fire
inspector:
Off-Duty detail assignment services performed by Dania Beach Fire Rescue Personnel will be paid
at their current overtime rate of pay with benefits (3 hour minimum). In addition, an administrative
fee of 10% will also be charged based on the total cost of personnel and apparatus. Personnel costs
are currently estimated to be $84.42 per hour, per person (3 hour minimum).
The cost of apparatus is as follows:
Rescue Truck - $32.00 per hour
Engine (1500 gpm) - $17.00 per hour
Ladder (1500 gpm) - $80.00 per hour
The City of Dania Beach requires payment 14 days in advance for the detail services and fees are to be
made payable to the City of Dania Beach by means of cash advance or a cashier’s check. Fees are based
on individual employee’s overtime rates which vary from person to person. The amount estimated is based
on the highest overtime rate currently payable in addition to fees for FICA, Medicare, Worker’s
Compensation and Administrative fees. In the event that the entire estimated amount is not required for
services, the City will refund the money, less the expenses incurred for the service. Should the amount of
time required for the fire watch detail exceed that agreed up before the event, the Event sponsor will be
required to pay for any overage based on the actual cost for the fire watch. The Event sponsor will be
responsible to pay the actual service price incurred.
The information I have provided on this application is true and complete to the best of my knowledge.
If I have not submitted my application with the necessary plans, within the deadline and according to the
rules outlined in the Special Events Ordinance, it may be denied.
PART IV: SECURITY AND EMERGENCY SERVICES
PART V: APPLICANT ACCEPTANCE
6 of 6
Ordinance #2021-013
Before receiving final approval from the City Commission, I understand that I (and the production
company, if applicable), must furnish an original certificate of General Liability Insurance naming the City
of Dania Beach as additionally insured in the amount of at least one million dollars ($1,000,000) or greater
as deemed satisfactory by the City Risk Manager, and an original certificate of liquor liability insurance in
the amount of five hundred thousand dollars ($500,000) if alcohol is being served. Other liability insurance
and fees may also be required up to thirty (30) days in advance of the event.
I understand that the City of Dania Beach sponsored activities have precedence over the event requested
above and I will be notified if any conflicts arise.
I understand that the BSO Police Department will determine all security requirements and that the BSO
Fire Rescue will determine all fire and Emergency Medical Services requirements.
I understand that any cancellations for City scheduled services must be made by phone to each department
representative at least 24 hours before the scheduled event time or the organizer will be liable for any
associated fees.
I understand that the City has a noise ordinance that my event must follow. I agree to abide by all provisions
of the noise control ordinance and understand that my failure to do so may result in a civil citation, a
physical arrest, or the shutting down of the event. If at any time during the event it is determined by law
enforcement personnel, code enforcement personnel, parks and recreation personnel, or any other City
representative that the entertainment or music is causing a noise disturbance, I will be directed to lower the
volume to an acceptable level as determined by City staff. If a second noise disturbance arises during the
event, I may be directed to shut down the music or entertainment for the remainder of the event.
Email application and plans to: specialeventapplication@daniabeachfl.gov
Site Plan must include the following with application:
1. ALL events – Event Site Plan & Narrative – show stages, restrooms, fencing, tents, etc.
2. Closed Roads – Maintenance of Traffic Plan – show barricades, directions, cones, etc.
3. Transportation Plan – show transportation options for attendees.
4. Security needs – Security Plan – detail how event coordinator will manager security.
Mail application fee (payable to the City of Dania Beach) to: Attend: Shanesa Mykoo, Special Event
Coordinator 100 West Dania Beach Boulevard, Dania Beach, Florida 33004
Event Coordinator Signature Date
PART VI: SUBMISSION
Start
-
End
X
End
Start
daniapointe.com | 161 S. Compass Way, Dania Beach, FL 33004 | (833) 800-4343
To: Alexandria Cass
From: Emily Wirley
Re: Landlord Consent
Date: June 16, 2025
We have reviewed the site plan and details of traffic flow and crowd control setup for the “Lululemon Grand
Opening Weekend” on June 27 - 29, 2025.
All guidelines for City and County ordinances must be adhered to throughout the event.
With these stipulations, and those of the security team at Dania Pointe, the landlord (Dania Live 1748 II, LLC)
grants permissions for the ““Lululemon Grand Opening Weekend.”
Emily Wirley (Authorized Agent)
Senior Marketing Manager, Dania Pointe
Cc: Josh Levine, General Manager
Tenant Tents
All tents will be
minimum 3’
apart
lululemon Opening Weekend Workouts – June 27th-29th 8am-9am
Restrooms by Haagen-Dazs
Restrooms by Anthropologie
CITY OF DANIA BEACH
OFFICE OF THE CITY MANGER
100 West Dania Beach Blvd ∙ Dania Beach, FL 33004 ∙ (954) 924-6800 ∙ (954) 921-2604 (fax)
MEMORANDUM
Date: June 24, 2025
To: Mayor Joyce L. Davis
Vice Mayor Marco A. Salvino, Sr.
Commissioner Lori Lewellen
Commissioner Luis Rimoli
Commissioner A. J. Ryan IV
From: Ana M. Garcia, ICMA-CM, City Manager
Subject: Manager’s Report
This legislative session in Tallahassee was extremely challenging. I would have to go back to
2008/2009 when I experienced a similar type of challenge. Our efforts, reputation, city match/
shovel ready projects and our relationships with House Speaker Perez, Senator Pizzo and House
Representative Cassel yielded another solid year in State Funding in excess of $1 million dollars.
Thank you to Mayor Davis, and Commissioner Rimoli for our joint advocacy in Tallahassee and to
the rest of our City Commission Vice Mayor Salvino, and Commissioners Lewellen and Ryan for
continuing to advocate for City funding as well.
The below appropriations do not include possible additional funding from the FRDAP grant. The last
step in this funding process is the Governor’s signature. I will keep you updated if anything
changes. My heartfelt gratitude to the Book Team, Rana, Ron and Kelly.
We are at the final stage of moving forward with the service sign monument design. This will be a
first for our City and a way to honor our amazing service clubs and prominently display the clubs in
our City so both residents and visitors are aware. A slight adjustment in the column design
(smooth concrete versus brick) was recommended by Community Development to ensure
compatibility with City Hall / Library design where sign will be located on West Dania Beach
Boulevard, by City Hall. We look forward to the installation and unveiling event this September.
Our proactive efforts continue to be a priority for us as our goal is to always lead the way by
enhancing our plans and pivoting as necessary. Kudos and much gratitude to Chief Pellecer,
Deputy City Manager Sosa-Cruz, and our Department Directors, together they worked on and
submitted to me the draft Comprehensive Emergency Management Plan for 2025. As of June 1st,
this is our official document that serves as our playbook for Hurricane season. Due to the sensitive
nature of the document, we will submit to you for your perusal versus including in this report.
On Monday, June 16th, Deputy City Manager Sosa-Cruz and I met with the senior executives from
RMA to ensure we are all on the same page and that their presentation to you at the CRA board
meeting in July is aligned with ensuring your priorities are not just met but that we exceed them.
Our goal is to go from good to great as status quo has never been who we want to be. Economic
Development via recruitment of new business, enhancing and growing existing businesses, the
revitalization of the US1 and Dania Beach Boulevard corridos and ensuring The Patch becomes the
best version of itself (maximizing resident use and enjoyment were some of the areas of
discussion). We look forward to an introductory presentation in July and a comprehensive and
succinct game plan recommendation from RMA at the August CRA meeting.
Our first CORE Conversations meeting of the year occurred on Thursday, June 12th, at Frost Park.
Our senior team and elected officials were present and were able to engage with our residents and
for many of us, we got to meet new residents as well who had never participated and were very
happy to be able to share their thoughts and concerns as well as compliment our City Team. To
hear residents excited about our progress and speak on the importance of beautification and
investment in our community was very rewarding. The SE Drainage Project (more expansion), the
Olsen Park project and the PJ Meli Park project were topics of discussion. Bottom line, our
residents want more investment in storm drainage and parks and continued public safety
measures. Our next CORE Conversation community gathering will take place on Thursday, July 10th
at 5:30 p.m., at the SW Community Center at 230 SW 12th Avenue.
On Tuesday, June 17th, CFO Guzman and I met, and I am pleased to announce we have a proposed
balanced budget that we are finalizing to present to you at the July 8th, meeting where we will also
be setting our millage rate.
There are key projects citywide at different stages, see the details included herein as part of my
managers’ report. I do want to highlight and mention a couple as they are a priority for our
community and our City Commission. The bid opening for the Women’s Club Historic Restoration
is June 20th and mobilization/ initiation of construction is anticipated by September. The SW 34th
Court drainage project is expected to commence in August with substantial completion by end of
calendar year. The RFQ for the design services of Chester Byrd Park closed June 6th and the
procurement team is currently going through the bids. The Bill Harris Linear Park project is
complete and back open where the public is enjoying all the new amenities. All City Teams are
running on all cylinders with investments in infrastructure and programs throughout our entire City.
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
Page 1 of 4
DATE: June 24, 2025 TO: Ana M. Garcia, ICMA-CM, City Manager VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager FROM: Eleanor Norena, CFM, Community Development Director RE: Manager’s Monthly Report – May 2025 – Community Development Department
The following is a summary of Community Development Department activity during the month of May
2025. Community Development Special Projects: Resiliency Plan: The City Commission approved staff to enter negotiations with Chen Moore on April 22, 2025. Staff is currently identifying a scope of this project and will bring a contract for approval to the City Commission this summer. Building Division:
The Building Department reviewed and issued 224 building permits and conducted 1,362 inspections. The Department issued four Certificates of Occupancy (one commercial and three residential) for the month of May 2025. Planning and Zoning Division: SP-035-22 KINGHEAD SITE PLAN: This site plan request is for a new 14-story, 216-unit multifamily development. The project is currently being reviewed by DRC SP-043-24 BRAHA DANIA SITE PLAN: This submittal is for 336 hotel rooms, 18 townhomes to develop a mixed-use development including 9,170 square feet of retail. This project is currently being reviewed by DRC. SP-042-20MOD AMO SITE PLAN MOD: This site plan modification is to add a training tower and canopy to the site. The project is currently being reviewed by DRC. SP-012-25 PRESERVE AT DANIA BEACH: This site plan request is for the construction of a new 46-townhome community. The project is currently being reviewed by DRC
Manager’s Monthly Report – May 2025
Page 2 of 4
PL-013-25 PRESERVE AT DANIA BEACH: This plat is for the creation of a new 46-townhome community. The project is currently being reviewed by DRC. TX-044-24: Text Amendment to the East Dania Beach Boulevard Mixed-Use (EDBB-MU) zoning district to allow the CitiBank parcel greater building height, consistent with the district was presented to the Planning and Zoning Board in April and first reading at the May 13th City Commission meeting where it was approval. TX-048-24: Text Amendment creating a new zoning district entitled Gateway Mixed-Use II (GTWY-MU II) to allow greater building height and density was presented to the Planning and Zoning Board in March and first reading at the May 13th City Commission meeting where it was conditionally approved. Miscellaneous Zoning Activities:
The Zoning Division processed 34 new Certificates of Use applications for new businesses in the City for the month of May 2025.
The Zoning Division processed, inspected, and approved zero (0) new Vacation Rental Certificate and issued zero (0) renewals of existing operating Vacation Rentals for the month of May. Code Compliance Division: The Code Compliance team oversees the Downtown city center, concentrating on addressing issues such as graffiti, illegal signage and the upkeep of properties to maintain the area’s aesthetic appeal and ensure community standards are upheld. This month, a total of 88 complaints were submitted through the City’s Ask Dania Beach App and promptly inspected by our code enforcement staff. The unit has designated a dedicated code enforcement officer to manage all vacation rental inspections and complaints, thereby allowing zone officers to focus more effectively in their assigned areas The Code Compliance staff collaborate with Public Services to address bulk trash and nuisance issues throughout the city. This month, a total of 56 bulk notices were issued.
Please find the vacation rental complaint details outlined below:
Date of Complaint Address Description Code Officer Assigned Resolution
5/1/2025 4633 SW 28 Ave Listed as Airbnb. Contractors are using as a base of operation and
parking a large trailer in the yard w/large old air conditioning units
M. Shahryar Property was cited for the following: No certificate of use, no business
tax receipt, advertising for fewer than 5 days. Advertising for
Manager’s Monthly Report – May 2025
Page 3 of 4
too many bedrooms 5/7/2025 4740 SW 43 Ave Trailer parked out front blocking the
right of way w/about 20 bikes on it.
R. Ali Complaint unfounded.
Please find the noise complaint details outlined below: Date of Complaint Address Description Code Officer Assigned Resolution
5/5/2025 151 NE 1 St Dog barking non- stop A. Westberry Complaint unfounded; advised to contact BSO if occurring after 6pm.
5/12/2025 151 NE 1 St Music coming
through the walls
A. Westberry Complaint
unfounded; advised to BSO if occurring after
6pm.
5/13/2025 4651 SW 42 Ter Pitbull barking outside waking them up
R. Ali Complaint unfounded; advised to contact BSO since barking is occurring after
6pm.
5/16/2025 120 N Compass Way People keeping dogs on balcony and are barking at each other.
L. Nibbs Complaint unfounded. Spoke with the complainant who advised the dogs are barking
between 5-6am. Advised to contact BSO for
assistance.
Beach Ranger and Parking Division:
• Beach Rangers patrol downtown City Center and all active construction sites for any parking and noise violations.
• Staff reported one violation at the beach in the Ask Dania Beach App including safety issues, and aesthetics.
Manager’s Monthly Report – May 2025
Page 4 of 4
• Staff continue to monitor the pier, parking lot and sand areas to address violations which include,
but are not limited to, placement of tents, smoking, bonfires, and dogs. 594 violations were observed and addressed.
• Beach Rangers are monitoring the marina for any unauthorized activity and any maintenance concerns.
• Beach Rangers monitor the beach lot for capacity on weekends and holidays. Staff directs traffic in the beach lot to keep the traffic flowing for safety.
• The FAU parking lot is being monitored by the Beach Rangers on weekends and holidays for valet parking, City staff parking, FAU student parking, and Lucky Fish / Quarter Deck employee parking.
• Beach Rangers continue to work with BSO Homeless Outreach to address homeless issues at the beach.
CITY OF DANIA BEACH
HUMAN RESOURCES DEPARTMENT
MEMORANDUM
DATE: June 16, 2025
TO: Ana M. Garcia, ICMA-CM, City Manager
FROM: Linda Gonzalez, SPHR, SHRM-SCP – Chief Human Resources Officer LG
RE: Human Resources and Risk Management Report
The following is a summary of last month's Human Resources and Risk Management activities.
Posted (8)
• Administrative Specialist II
• Office Manager
• Equipment Operator I (BEAM)
• Service Worker II
• Equipment Operator I (BEACH)
• Assistant Project Manager
• Beach Lifeguard PT
• Beach Lifeguard OC
Interview/Offer Process (8)
• Beach Ranger PT (2)
• Recreation Assistant (2)
• Administrative Assistant
• Lifeguard PT
Background Process (2)
• Beach Lifeguard OC
• Equipment Operator II (Stormwater)
Recent Hires/Status Changes (18)
• Lifeguard (OC)
• Lead Beach Maintenance Worker (Internal)
• Technician, Utility Customer Service
• Beach Ranger
• Summer Camp Supervisors (2)
• Summer Camp Counselors (7)
• Interns (3)
• Deputy Director, Finance
• Lead Water Treatment Plant Operator (Internal)
Page 2 of 3
We have successfully completed our 2025 Summer hiring, and nine (9) summer camp positions were filled
and attended New Hire Orientation on May 31. We collaborated with the Parks and Recreation team, to
ensure a smooth and well-coordinated start to the Summer season. We remain focused on enhancing our
recruitment strategies to attract high-quality applicants and improve the overall effectiveness of our hiring
process.
Training and Development
On May 29, we completed the 2nd Onboarding and Call back sessions for our newly hired team members
and tenured employees who had not attended an onboarding session. We had a full class, engaging
conversations and extremely good feedback.
On June 12, David Alba facilitated the mandatory Advanced Customer Service and De-escalation
techniques for all new hires.
Risk Management, Wellness and Safety
We recently completed a draft comprehensive Insurance Requirements and Contracts Procedures Manual
that is in the approval process. This manual will assist all Departments with insurance requirements for
new contracts.
The City’s property insurance schedules were sent to all departments for review to ensure all property
owned by Dania Beach is included in the property schedule, inland marine schedule or the automobile
schedule. The schedules will be submitted to the insurance broker, Brown and Brown, to get premium
quotes for our October 1, property insurance renewal.
We are working with the IT staff to develop a software program to interface with the Florida Drivers”
License and Motor Vehicle Record Data Exchange. This will allow authorized Dania Beach employees to
access driver license information electronically and produce reports to ensure all employee drivers licenses
are valid.
The Risk Manager attended the Employee Benefits Review presentation for the renewal of employee
benefits for the upcoming fiscal year.
We are preparing for our upcoming quarterly Safety and Wellness Committee meeting on June 26.
Compensation and Benefits
Our health insurance renewal has been submitted and is scheduled to go before the Commission at the
July 8 meeting. This will be the first rate increase in six years; however, it is important to highlight that the proposed medical rates remain below the levels from the 2019/2020 plan year.
Key highlights of the proposal include:
• Total increase of 17.2% across both medical and dental plans.
• A change from a three-tier to a four-tier structure for dental and vision coverage, allowing for
a more equitable cost distribution among the following groups:
o Employee (EE)
Page 3 of 3
o Employee + Spouse (ES)
o Employee + Child(ren) (EC)
o Employee + Family (EF)
• Cost impact will vary:
o Medical: coverage for children may cost less
o Dental: coverage for children may cost more
• Headspace is being discontinued due to low utilization and will be replaced with another benefit
• BeyondMed will be introduced as a new discount services platform offering 20–40% savings on services such as dermatology, hair restoration, med spa treatments, plastic surgery, surgical vision correction, and weight loss programs.
Our 4th Thriving Thursday, held on May 22, was a tremendous success with all appointments fully booked.
This session featured our original offerings, foot and chair massages, acupuncture, and smoothies—all of
which were well received. We’re also excited to welcome back OnSpot Dermatology for our upcoming
June event.
The plan changes to move from 50th and 70th percentiles in compensation, supports our strategic goal to
attract and retain top talent and solidify our position as an employer of choice. Now that AFSCME and the
Commission have ratified the Collective Bargaining Agreement (CBA) for the 2025-2028. We are
preparing to continue rolling out the pay plan changes for our non-union employees.
Continuous Improvement Projects
We are continuing our weekly meetings with the JDXpert project team on our website design and
functionality job description layout.
1
CITY OF DANIA BEACH
PARKS AND RECREATION DEPARTMENT
MEMORANDUM
DATE: June 16, 2025
TO: Ana M. Garcia, ICMA-CM, City Manager
FROM: Cassi Waren, CPRP, Parks & Recreation Director
SUBJECT: Parks and Recreation Updates
Parks and Recreation Department Updates Project updates
Project Updates:
• CW Thomas Park – The CW Thomas Park project has had some exciting updates over the last
month. Plumping, electrical, HVAC installation is ongoing. The installation of the exterior glass
curtain wall is complete. Insulation and drywall have started to be hung. The pool building shell
is almost complete and the pool concrete has been poured. The playground installation is
complete minus the turf, curbing and shade sails which will happen later in the project.
• Olsen Middle School – Design is ongoing. Architectural and engineered drawings and equipment
selections for phase 1, the field/court/dog park portion of the park, are ongoing.
• Chester Byrd Park – The RFQ for the design services closes June 6th. Procurement is going
through the bids received.
• PJ Meli Park – Bermello Ajamil is working on the design of the park. Staff will be bringing the
ranking for the Construction Manager at Risk the end of June/beginning of July.
• William “Bill” Harris Linear Park Exercise Equipment – The equipment at Linear Park is complete
and the park is back open to the public.
• Frost Park Pickleball Sports Court Conversions – This item is out to bid and closes July 10th to
convert some existing sports courts to 5-6 pickleball courts and refinishing the remaining courts.
2
Staff is partnering with the MLK Renaissance Committee to hold the annual Juneteenth event on Saturday,
June 21st at Frost Park.
Ocean Rescue Report:
• Rescues – 0
• Medical – 5
• Law Enforcement Calls – 4
• Missing Person – 0
• Wildlife or Domestic Rescue – 3
Summer Camps kicked off June 9th at CW Thomas Park, Frost Park and PJ Meli Park. All three sites are sold
out and the kids and staff are having a great start to the summer. Along with Jr. Lifeguards Camp! Teen
Camp sold out for all four weeks and begins July 9th.
Registration for the 2025 – 2026 Rising Stars After School program is open for CW Thomas and PJ Meli
Park. Frost Parks Rising Star program is sold out.
Frost Park held its first ever Father’s Day event, called Bowling with Dad that was a huge success with 52
participants.
Our Recreation programs continue to grow in interest with additional participants.
Ongoing programs:
• Summer Camp at CW Thomas Park, Frost Park and PJ Meli Park
• FitFusion at CW Thomas Park
• Hip Hop and Contemporary Dance at CW Thomas Park
• Tint Tots at CW Thomas Park
• Grooving Gourmets at CW Thomas Park
• Checkmate Academy at CW Thomas Park
• Adult Game Club at CW Thomas Park
• Domino Club at CW Thomas Park
• YAC at PJ Meli Aquatic Complex
• Tot Time at PJ Meli Park
3
• Karate at PJ Meli Park
• Swim Team at PJ Meli Park
• Sweet Creations at PJ Meli Park
• Waterpolo at PJ Meli Park
• Social Seniors at PJ Meli Park
• Kreation Station at Frost Park
• Sew Kreative at Frost Park
Athletic Programs (ongoing/upcoming):
• Football/Cheer at Frost Park
• Adult Kickball at PJ Meli Park
• Lil Sluggers at PJ Meli Park
• Basketball Clinic June 2nd – July 14th
• Jr. Youth Sports Clinic – June 2nd – July 14th
Staff continues to evaluate the current and new programs to ensure we are offering the best programs
for our community for all ages. Be on the lookout for new programming rolling out in the next couple of
months.
CITY OF DANIA BEACH
MARKETING AND COMMUNICATIONS
DIVISION MEMORANDUM
DATE: June 16, 2025
TO: Ana M. Garcia, ICMA-CM, City Manager
FROM: Nannette Rodriguez, Director of Marketing and Communications
SUBJECT: Marketing and Communications Division Report
The City's website, social media channels, digital signage, and Cable TV Channel 78
continue to be updated with relevant, timely, and important information. Media support
has been provided to all City departments for their projects. Below are the activities
completed from mid-May to mid -June 2025:
Projects
Design & Print Materials: Completed Ledger design and printing with Finance.
Developed promotional materials for Take Your Dog to Work Day, CORE Conversations,
Juneteenth, 5K Walking Club time change, Back-to-School Beach Clean-Up, Smart
Meter Workshop, and See Something, Say Something (internal flyer). Additional items
included the “No Smoking” park signs, pier bathroom sign, P.J. Meli Park directional
sign at Griffin , parks facility guide poster, and Tom Ansbro tree planting invitation.
Continued design work on the Budget Book.
Event Coordination & Coverage: Attended the State of the City walk-through and EOC
meeting. Supported CORE Conversations with promotions, hand-out materials, photos,
sign-in sheets and posts. Scheduled and promoted Safety Saturdays (Opioid and CPR
classes), Flag Day, and Juneteenth events and holiday messaging.
Digital Communications & Website: Continued website content review and migration
prep. Reviewed new website design concepts. Posted updates for the Airport Runway
Closure, Lift Station Replacement Project, 34th Terrace Improvements, Solid Waste
Public Meeting, Smart Meter Workshop, and Irrigation Rebate Program, new time for 5K
Waking Club, Father’s Day event, recreational programs for adults.
Community Engagement & Social Media: Launched the City’s Nextdoor account,
featuring hurricane prep content and CORE promotions. Created and shared posts for
Memorial Day, Mother’s Day, Father’s Day, Juneteenth, 5K Walking Club, Smart Meter
Workshop, Bill Harris Park equipment update, and the CRA/PATCH Coconut
Celebration. Also developed the internal See Something, Say Something campaign
materials .
Photography & Visual Content: Captured photos of Finance and Code Compliance staff,
CORE Conversations and Business in Focus magazine article. Video productions for 5K
Walking Club, new Smart Meter initiative and various recreational programs
Awards & Professional Development: Submitted Savvy Award entries for Dania After
Dark, and the 120th anniversary commemorative beer. Edited HR Award Application.
Nannette attended the Government Social Media Conference.
Department Support & Training: Held a Canva training for Parks and Recreation,
including ADA messaging. Processed business card requests and a new position
requisition for HR. Completed procurement process for social media management
software. Onboarded a new intern.
Analytics
• Email campaigns: Emails sent: 8,280; Open rate: 60% Click rate: 3%
• Facebook: Reach, 54K; Post impressions, 89K; New followers, 137; Followers ,
11,064; Post engagement rate, 6.72%
• Instagram: Profile impressions, 25K; Reach, 20,217; New Followers, 338;
Followers, 10,884; Post engagement rate, 4.87%
• X: Followers, 2,945; Post impressions, 852; Post engagement rate, 2.75%
• YouTube: Channel views, 803; Subscribers, 628
• LinkedIn: Followers, 1,495; New Followers, 33; Page views, 217
• Everbridge: Community subscribers: 5,489; Alert Dania Beach subscribers: 233;
Dania Events subscribers: 146
• Designs Created: 115
CITY OF DANIA BEACH
PUBLIC SERVICES DEPARTMENT
MEMORANDUM
DATE: June 24, 2024
TO: Ana M. Garcia, ICMA- CM, City Manager
VIA: Candido Sosa-Cruz, ICMA- CM, Deputy City Manager
FROM: Sean Schutten, Public Services Deputy Director
CC: Fernando J. Rodriguez, Public Services Director
RE: PUBLIC SERVICES DEPARTMENT ACTIVITIES – May 27 to June 24, 2025
Provided below is a summary of the main PSD project activities for roughly the past four
weeks:
Departmental Staffing – Administration – The following positions are expected to be
filled by early June: Administrative Assistant, Equipment Operator 2, and Water Plant
Lead Operator. The Assistant Project Manager position interviews will commence the final
two weeks of June.
Women’s Club Historic Restoration – Bid opening for the project is June 20th.
Mobilization is anticipated by September 2025.
SW 34th Court Drainage Project - Work is expected to start by August, with substantial
completion by the end of the year.
Ocean Park Restrooms – These new, fully updated restrooms on the north end of the park
will replace the restrooms adjacent to the sand. The site plan is on target to be submitted to
Community Development in early July. Bidding and start of construction expected in the
first quarter of 2026.
SE Drainage Project – The project’s Phase I construction continues with swale regrading.
The pump station installation is scheduled for July. For Phase 2, Ric-Man Construction
was awarded the bid on June 10th. Approval of the Phase 2 CEI is expected during
Commission on June 24th. Mobilization and construction for Phase 2 is anticipated to begin
by September 2025.
Lift Station 1/2/3 – The contractor, DMSI, has completed soil borings and continues to
procure materials. Mobilization is scheduled for August 2025 with completion of the three
lift stations by December 2026. Modifications to electrical service distribution is required
and pending CO review.
page 2 of 2
RE: APPROVAL TO EXECUTE THE 2025 AMENDED AND
RESTATED TRANSPORTATION SYSTEM SURTAX INTERLOCAL
AGREEMENT
Lift Station 12 – The contractor, Southern Underground, has nearly completed the
submittal phase and mobilization is expected in July with completion in August 2026.
GRANTS
House Appropriations Committee – Community Project Funding – Public Services
submitted two (2) projects for Federal funding from the House Appropriations Committee.
The first is for the rehabilitation of Lift Station No. 12 in the amount of $1,000,000. The
second is for the Ocean Park Restroom facility in the amount of $1,000,000.
FDOT – NW 1st Street Streetscape Beautification – The City has moved to design phase
with Kimley Horn. FDOT, the grant administrator, and the City have monthly progress
meetings scheduled through design phase. CEI services are expected to be advertised in
Q3 2025.
State Appropriations Grant Funding (FY 2026) – Grant applications were submitted the
Florida House of Representatives and the Florida Senate in February 2025. The City was
awarded $835,000 for NW 2nd Street Drainage Improvements and $175,000 for NW/SW
1st Street Water Main Replacements. Funding is awaiting Governor’s action.
CITY OF DANIA BEACH
BROWARD SHERIFF’S OFFICE (BSO)
EXTERNAL MEMORANDUM
DATE: June 13, 2025
TO: Ana M. Garcia, ICMA-CM, City Manager
VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager
FROM: Sergio Pellecer, District Fire Chief
RE: Dania Beach Memo to City Manager
____________________________________________________________________________
Please see the requested information below concerning the May 21, 2025 through June 17,
2025, of the meetings and day to day operations for the BSO Fire Rescue and Emergency
Service in Dania Beach:
• Daily morning BSO conference calls – Department Head direction for the day.
• Daily monitoring of Fire Stations and personnel safety – Review Calls and Operations.
• Coffee with the District Chief – Tabletop talk with Station 1-17 crews.
• Agenda reviews team conference calls.
• Agenda reviews with Commissioners.
• Dania Beach Commission Meeting
• BSO Ops Conference call with District Chiefs – Daily morning operations review.
• Fire Station #1 Hardening Grant –The City Team continues to work on Roof and
Generator is at the plans review process, extensions for grants filed – This is still on
going as of 05/20/2025. Project to be completed by December 31, 2026
• Station 1 New Ceiling Tile replacement by City Team – This project is still ongoing as of
06/17/2025.
• Movement of Washer/Dryer at FS1 work in progress Final Inspection scheduled for
06/16/25
• Fire Truck (Quint 17 FRES2265) our ladder truck is being refurbished at Georgia Ten8
facility. Expected completion December 2025, to be back in service January 2026.
• Fire Safety Inspections station 1 and 17
• Completed CASS Reaccreditation visits at Fire Station 1 and 17 on June 2-3, 2025, with
accessors recommendation for being Reaccredited for next three years
• City Emergency Plan initial meeting with Operations and City Team Directors.
CITY OF DANIA BEACH
BROWARD SHERIFF’S OFFICE (BSO)
EXTERNAL MEMORANDUM
• City Emergency Plan Finalized to be Sent to all Department posted on City Intranet.
• Statewide Emergency Management Meeting with FDEM
• Cardiac Monitor Annual Zoll Maintenance on all Units
•
Training during this period –
• Coffee Break / Kitchen Table talk with crews at Fire Station 1 and 17
• Company training – Professional Development
• Pre-Fire plans by Station 1 and 17
• Hydrant Maintenance Station 1 and 17
• Fire Chiefs Emergency Management Subcommittee meeting - Tamarac
• New Hire Onboarding Dania Beach
Fire Rescue Unit Training
• EMS based training all personnel – Whole Blood Training
• Driver awareness training for all personnel - Obstacle
• Helicopter Landing Zone training
CITY OF DANIA BEACH
BROWARD SHERIFF’S OFFICE (BSO)
EXTERNAL MEMORANDUM
Community Outreach & Life Safety Educator March 2025 Activities
Date Event Attendance Age
5/2/2025 Child Passenger Safety Event Cooridnation 8
Adult
(18+) LSE DW
5/6/2025 Stop The Bleed Training (Dania Beach City Hall) 30
Adult
(18+) LSE DW
5/8/2025 Heat Stroke Awareness (Dania Beach City Hall) 40
Adult
(18+) LSE DW
5/15/2025 Heat Stress in the Workplace (Nautical Ventures) 45
Adult
(18+) LSE DW
5/20/2025 Hurricane Preparedness (Nautical Ventures) 45
Adult
(18+) LSE DW
5/24/2025 Fall Prevention (C.W. Thomas ) 7 55+ LSE DW
5/31/2025 Opioid Awareness Training (Dania Beach City Hall) Varied
LSE DW, FL
DOH
Total: 175
05/2025 Car Seat Checks 02 Adult
Continued Education & Community Collaboration
5/1/2025 BLS Instructor Cerification Course
5/6/2025 FIABC Quaterly Meeting
5/7/2025 National Child Passenger Seat Technican Course Meeting
5/14/2025 Youth Firesetter Prevention and Intervention Workshop
5/16/2025 Child Passenger Safety Technician Proxy Meeting
5/21/2025 National Child Passenger Certification Training
5/22/2025 National Child Passenger Certification Training
5/28/2025 Dan Marino Foundation Meeting
5/29/2025 Regional Neighbor Support Team & Citizens on Patrol Meeting
CITY OF DANIA BEACH
BROWARD SHERIFF’S OFFICE (BSO)
EXTERNAL MEMORANDUM
Fire Mashal
May 2025 Activities
Dania
Beach
Plans Reviewed 79
Annuals 189
BTRs 17
No Access 46
Vacant 20
Complaint 4
1st Reinspection 7
2nd Reinspection 1
3rd (or more) Reinspection 1
Permit Inspections 35
Total Inspections 285
FY Annuals % Complete 62.0%
Fires
May 2025
Alarm Date Incident Number District Location City Location Street Address Location Apartme
05/09/2025 5:53 PM FDN25050900002905 01M Dania Beach 125 Southwest 5TH Court 2
05/30/2025 4:32 AM FDN25053000003378 01J Dania Beach 215 Southeast 2ND Street N\A
CITY OF DANIA BEACH
BROWARD SHERIFF’S OFFICE (BSO)
MEMORANDUM
DATE: June 13th, 2025
TO: Ana M. Garcia, ICMA - CM, City Manager
FROM: Jason Tarala, Captain/Chief - Broward Sheriff’s Office
RE: Dania Beach Monthly Memo to City Manager – May/June 2025
Below are the monthly crime reports for part 1 crimes from 5/18/2025 to 6/11/2025:
Notable Increases/Decreases
When compared to the previous report:
• The frequency of all part 1 crimes decreased over the past four weeks. In total, part 1 crimes
decreased by 13.5%
• Auto thefts decreased by 31%
• Burglaries decreased by 37.5%
• Robberies decreased by 21.8%
• Theft incidents decreased by 3%
Total Arrests
• 97 arrests made by Road Patrol
• 9 arrests made by the Crime Suppression Team
• 17 arrests made by Criminal Investigations
Notable Arrests/Initiatives
• The victim was battered in their vehicle after a road rage incident. The suspect was taken into
custody and charged accordingly.
• A suspect was arrested after burglarizing a resident’s home.
• Multiple charges were filed against two suspects that stole from Bass Pro Shops, including theft
and dealing in stolen property.
• Several suspects were arrested after stealing various items from Walmart, 7-Eleven, and Ulta.
• Numerous charges were filed against a suspect who has been harassing his ex-wife.
Proactive Enforcement
Overall, nine arrests were made by the Crime Suppression Team.
Frequent, routine area checks were completed at Chester Byrd Park, Frost Park, and City Hall. An arrest
was also made at Saratoga Apartments, after a suspect with an outstanding warrant was observed
selling drugs.
5/18/2025 – 6/11/2025
123
Additional arrests were made for possession of cocaine, possession of MDMA, violation of probation,
and various outstanding warrants. Various amounts of MDMA and cocaine were recovered during the
arrests.
CST detectives assisted BSO’s Robbery Unit with serving a search warrant on a resident’s cell phone.
They have also continued to dedicate time to assisting road patrol deputies and CI detectives with taking
domestic violence offenders into custody.
Motors/Commercial Vehicle Enforcement
• Between Dania Beach motor units and road patrol deputies, 481 warnings and citations were
issued during the last four weeks.
• Deputies have continued their efforts to enforce seatbelt safety, educating, warning, and
ticketing when appropriate. 97 warnings and tickets were issued the past four weeks.
• School was released for the summer, so deputies have shifted their focus from school zone
enforcement to other high traffic areas. Enforcement is being concentrated on Federal Hwy,
Griffin Rd, E Dania Beach Blvd, SW 40th Ave, SR 84, and SE 5th Ave.
• Speed trailers, message boards, license plate readers and SkyWatch towers remain deployed
throughout the city.
Homeless Outreach Team
• Homeless Outreach deputies have diligently checked numerous areas around the city where
encampments are known or likely to develop. Due to the routine area checks and deputies’
presence, no new encampments were reported during the past four weeks.
• Five people were arrested for either having outstanding warrants or trespassing.
• Routine area checks have been completed at:
o City Hall
o Frost Park
o Chester Byrd Park
o Meadowbrook Square Plaza
o Ocean Park Beach
• In total, HOT deputies conducted 140 area checks and documented contact with 24 people.
Neighborhood Support Team (NST)
Follow-Up/Directives/Initiatives
Catalytic Converter Theft Prevention Event – May 24, 2025 – NST Dania Beach deputies
assisted Cooper City with the event, in hopes of bringing it to Dania Beach. Residents were able
to have their vehicles uniquely marked to prevent and deter catalytic converter thefts.
Currently, this service is only available to Cooper City residents.
American Legion Post #209 Memorial Day Service – May 26, 2025 – NST deputies attended the
graveside memorial service for veterans, immediately followed by the tossing of the Memorial
Wreath into the Dania Beach Canal.
American Legion Post #304 & Estates of Fort Lauderdale – May 26, 2025 – NST deputies
attended additional Memorial Day events to honor those who lost their lives while serving their
country.
Meetings Zoom/In Person
• May 21, 2025 – Drowning Task Force Prevention Meeting – 9:30AM
• May 28, 2025 – South Florida Crime Prevention Meeting – 10:30AM
• May 29, 2025 – Regional Neighborhood Support Team meeting – 11:00AM
• June 5, 2025 – Met with Mission BBQ Community Ambassador to discuss collaborative
opportunities within Dania Beach – 11:30AM
Special Proactive Area checks
We continue to complete daily checks at all our Jewish religious schools and institutions
throughout the city.
BROWARD SHERIFF’S OFFICE
CITY OF DANIA BEACH
CALLS FOR SERVICE – 240 ZONE
5/18/2025 – 6/11/2025
THERE WERE A TOTAL OF 173 CALLS FOR SERVICE FOR 240 ZONE WITHIN THE LAST FOUR WEEKS.
THERE WERE A TOTAL OF 14 PART 1 CRIMES FOR 240 ZONE WITHIN THE LAST FOUR WEEKS.
THERE WERE A TOTAL OF 46 NOISE COMPLAINTS FOR ALL ZONES WITHIN THE LAST FOUR WEEKS.
CITY OF DANIA BEACH
FINANCE DEPARTMENT
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Ana M. Garcia, ICMA-CM, City Manager.
Megan Jelaso, Revenue Accountant
June 15, 2025
Finance Monthly Report – May 2025
Please find attached the month Finance report. Highlights of the report include the following:
Revenues
•Building Fund Revenues
•Pier Revenue
•Beach Parking Revenue
•Marina Revenues
•Commercial Solid Waste Hauler Franchise Fees
Capital Projects
•Master Capital projects Schedule to include Grants
Information Technology
•Online Credit Card Payments
•Beach Camera Views
•Website Visits by Device
•Commission Meeting Views
•Number of Citywide Phone Calls
•Number of E-Bill Users by Month
•Kiosk collections
Business Tax Receipt Activity
•Out of Business/Inactive
•New Applications
Utility Reports
•Delinquency Report
•Meter Replacement Reports
•Aging Report
Contingency and Fund Balance Estimate
Building Fund Collections Building Fund - thru May 2025
2021/22 2022/23 2023/24 2024/25
Monthly
October 1,144,624 613,610 272,140 120,615
November 107,616 183,413 742,357 110,166
December 1,142,811 1,267,607 343,469 210,595
January 146,194 193,243 175,715 198,574
February 490,813 588,953 258,034 203,711
March 281,847 202,690 159,520 476,218
April 283,429 356,512 175,277 176,349
May 226,093 153,965 421,096 171,643
June 399,287 181,738 191,611
July 132,426 212,528 288,360
August 755,979 767,780 2,087,847
September 1,003,182 202,415 209,254
Total 6,114,301 4,924,453 5,324,681 1,667,870
2021/22 2022/23 2023/24 2024/25
Cumulative
October 1,144,624 613,610 272,140 120,615
November 1,252,240 797,023 1,014,498 230,781
December 2,395,051 2,064,630 1,357,967 441,376
January 2,541,246 2,257,873 1,533,681 639,950
February 3,032,058 2,846,825 1,791,716 843,661
March 3,313,906 3,049,515 1,951,236 1,319,879
April 3,597,334 3,406,027 2,126,512 1,496,228
May 3,823,427 3,559,992 2,547,608 1,667,870
June 4,222,715 3,741,730 2,739,219
July 4,355,140 3,954,258 3,027,579
August 5,111,119 4,722,038 5,115,426
September 6,114,301 4,924,453 5,324,681
Annual Goal 4,741,977 4,868,000 5,191,000
-
500,000
1,000,000
1,500,000
2,000,000
2,500,000
Do
l
l
a
r
s
Monthly Building Fund Collections
2021/22 2022/23 2023/24 2024/25
-
1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
Do
l
l
a
r
s
Building Fund
Collections - Cumulative Y-T-D
2021/22 2022/23 2023/24 2021/22
Pier Revenues Pier Revenues - thru May 2025
2021/22 2022/23 2023/24 2024/25Monthly
October 52,575 50,313 51,495 79,614
November 45,411 43,917 49,561 72,745
December 52,271 50,942 45,928 73,627
January 45,906 58,345 52,190 86,644
February 308,830 294,357 259,466 95,845
March 59,863 73,487 66,698 101,540
April 59,852 63,945 63,244 90,201
May 55,621 60,688 62,991 64,881
June 56,858 60,003 64,114
July 66,152 71,604 70,205
August 52,975 58,871 64,092
September 50,426 60,849 65,294
Total 906,740 947,320 915,279 665,099
Balance includes true-up for the annual rent of the Quarterdeck
based on the lease agreement.
2021/22 2022/23 2023/24 2024/25
Cumulative
October 52,575 50,313 51,495 79,614
November 97,986 94,229 101,056 152,359
December 150,257 145,171 146,984 225,986
January 196,163 203,516 199,174 312,631
February 504,993 497,873 458,640 408,476
March 564,856 571,360 525,338 510,017
April 624,708 635,305 588,583 600,218
May 680,329 695,993 651,574 665,099
June 737,187 755,996 715,688
July 803,339 827,600 785,894
August 856,314 886,471 849,985
September 906,740 947,320 915,279
Annual Budget Goal 844,816 937,301 942,488 925,209
-
50,000
100,000
150,000
200,000
250,000
300,000
350,000
Do
l
l
a
r
s
Monthly Pier Collections
2021/22 2022/23 2023/24 2024/25
-
100,000
200,000
300,000
400,000
500,000
600,000
700,000
800,000
900,000
1,000,000
Do
l
l
a
r
s
Pier Collections -Cumulative Y-T-D
2021/22 2022/23 2023/24 2024/25
Parking Fee Collections Beach Parking - thru May 2025
2021/22 2022/23 2023/24 2024/25
Monthly
October 101,582 130,026 203,967 143,031
November 75,146 95,694 156,460 146,923
December 102,321 104,713 115,640 125,726
January 91,751 164,030 162,393 150,948
February 107,375 102,648 179,664 225,332
March 145,848 209,333 294,283 331,752
April 183,397 172,853 308,344 348,327
May 210,704 197,957 307,252 327,250
June 188,603 188,603 206,128
July 224,411 219,627 269,299
August 171,951 197,119 185,189
September 134,616 151,776 204,001
Total 1,737,704 1,934,380 2,592,620 1,799,291
2021/22 2022/23 2023/24 2024/25
Cumulative
October 101,582 130,026 203,967 143,031
November 176,728 225,720 360,427 289,954
December 279,049 330,433 476,068 415,680
January 370,800 494,463 638,460 566,629
February 478,175 597,111 818,125 791,961
March 624,023 806,444 1,112,407 1,123,713
April 807,420 979,297 1,420,751 1,472,041
May 1,018,123 1,177,255 1,728,003 1,799,291
June 1,206,726 1,365,857 1,934,131
July 1,431,138 1,585,485 2,203,430
August 1,603,088 1,782,604 2,388,619
September 1,737,704 1,934,380 2,592,620
Annual Budget Goal 1,347,086 1,558,354 1,800,000 2,500,000
-
50,000
100,000
150,000
200,000
250,000
300,000
350,000
400,000
Do
l
l
a
r
s
Monthly Beach Parking Collections
2021/22 2022/23 2023/24 2024/25
-
500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
Do
l
l
a
r
s
Beach Parking Collections - Cumulative Y-T-D
2021/22 2022/23 2023/24 2024/25
Marina Fee Collections Marina Fees - thru May 2025
2021/22 2022/23 2023/24 2024/25
Monthly
October 115,264 110,239 117,540 110,024
November 117,663 116,542 121,509 116,103
December 116,830 120,621 126,034 110,921
January 106,673 124,885 123,519 165,987
February 104,605 113,849 120,277 117,936
March 111,125 117,710 114,070 87,682
April 112,170 119,728 114,246 160,478
May 102,373 124,138 117,832 139,718
June 106,001 122,027 124,132
July 104,000 126,485 122,421
August 108,096 123,889 125,237
September 106,418 124,369 121,769
Total 1,311,218 1,444,481 1,448,584 1,008,847
2021/22 2022/23 2023/24 2024/25
Cumulative
October 115,264 110,239 117,540 110,024
November 232,927 226,781 239,049 226,127
December 349,758 347,402 365,082 337,048
January 456,431 472,287 488,602 503,035
February 561,036 586,135 608,878 620,970
March 672,161 703,845 722,948 708,652
April 784,330 823,574 837,194 869,130
May 886,703 947,711 955,026 1,008,847
June 992,704 1,069,738 1,079,158
July 1,096,704 1,196,223 1,201,579
August 1,204,800 1,320,112 1,326,815
September 1,311,218 1,444,481 1,448,584
Budget Goal 1,290,768 1,339,555 1,398,942 1,655,620
-
20,000
40,000
60,000
80,000
100,000
120,000
140,000
160,000
180,000
Do
l
l
a
r
s
Monthly Marina Fee
Collections
2021/22 2022/23 2023/24 2024/25
-
200,000
400,000
600,000
800,000
1,000,000
1,200,000
1,400,000
1,600,000
Do
l
l
a
r
s
Marina Fee Collections - Cumulative Y-T-D
2021/22 2022/23 2023/24 2024/2025
Annual Budget 1,095,000.00$
City of Dania Beach
Commercial Solid Waste Report FY 2024-2025
Payments Received
Waste Hauler
Choice Waste AKA
Waste Connections
Waste Management All Service
Refuse AKA
Republic Services
S & S National
Waste AKA Bicon,
Inc.
Panzarella Waste &
Recycling Services
Great Waste COASTAL WASTE &
RECYCLING INC
Tropical Sanitation Inc
General Fund
75.00 75.00 - 75.00 75.00 75.00 -
1,000.00 1,000.00 - 1,000.00 1,000.00 1,000.00 - Monthly Activity
Oct -$ 35,091.25$ 9,383.63$ - 1,715.74$ -$ 9,686.41$ - 55,877.03$
Nov 6,577.06 35,229.82 11,163.01 - 1,474.14 5,681.23 9,988.33 - 70,113.59
Dec 3,175.51 34,742.21 10,021.23 - 1,519.15 6,378.93 7,678.71 - 63,515.74
Jan - 37,108.84 10,569.28 - 1,359.45 - 5,452.87 - 54,490.44
Feb 6,531.41 35,456.19 11,477.32 - 1,808.55 2,546.17 7,965.12 - 65,784.76
Mar 3,179.99 37,896.94 10,642.19 - 1,100.49 - 7,532.53 - 60,352.14
Apr 3,417.19 37,649.06 11,598.40 - 1,583.86 5,269.77 8,364.93 - 67,883.21
May 3,374.04 38,242.06 11,665.71 - 1,511.37 9,028.87 63,822.05
Jun -
Jul -
Aug -
Sep -
26,255.20$ 291,416.37$ 86,520.77$ -$ 12,072.75$ 19,876.10$ 65,697.77$ 501,838.96$
Annual Permit Fee
Monthly Franchise
Permit Application Fee
Total Mo. Franchise
Choice Waste AKA
Waste Connections
Waste Management All Service
Refuse AKA
Repucblic
Services
S & S National
Waste AKA Bicon,
Inc.
Panzarella Waste &
Recycling Services
Great Waste COASTAL WASTE &
RECYCLING INC Solid Waste Fund
Oct -11,697.08$ 3,127.88$ - 571.91$ -3,228.81$ - 18,625.68$
Nov 2,192.36$ 11,743.27$ 3,721.00$ - 491.38$ 1,893.74$ 3,329.45$ - 23,371.20$
Dec 1,058.50$ 11,580.74$ 3,340.41$ - 506.38$ 2,126.31$ 2,559.57$ - 21,171.91$
Jan -$ 12,369.61$ 3,523.09$ - 453.15$ -1,817.63$ - 18,163.48$
Feb 2,177.14$ 11,818.73$ 3,825.78$ - 602.85$ 848.73$ 2,655.04$ - 21,928.27$
Mar 1,060.00$ 12,632.31$ 3,547.40$ - 366.83$ -2,510.84$ - 20,117.38$
Apr 1,139.06$ 12,549.69$ 3,866.13$ - 527.96$ 1,756.60$ 2,788.31$ - 22,627.75$
May 1,124.68$ 12,747.35$ 3,888.57$ - 503.79$ -3,009.63$ - 21,274.02$
Jun -$
Jul -$
Aug -$
Sep -$
8,751.74$ 97,138.78$ 28,840.26$ -$ 4,024.25$ 6,625.38$ 21,899.28$ 167,279.69$
36,081.94$ 389,630.15$ 115,361.03$ -$ 17,172.00$ 27,576.48$ 88,672.05$ 674,493.65$
Monthly Franchise
Total Mo. Franchise
Total Receipts
Fund Project ID Project Name Revenue Source Project Phase/Status Grant Expiration Original Budget Description Original Budget Amended Budget Description Amended Budget
Prior Fiscal Year Totals FY22 Expenses FY23 Expenses FY24 Expenses FY24 Encumbrances FY25 Expenses FY25 Encumbrances
Remaining Budget
Return Funding on
Completed Projects Comments
403 403-38-13-538-31-10 SE Stormwater II SRF Loan, Stormwater Construction FY21 Transportation Surtax Program - Cycle 1 Grant880,472.00 (264,177.29) (292,707.69) (107,523.53) (89,529.68) - (2,354,296.56) - -
403 403-38-13-538-63-10 SE Stormwater II SRF Loan, Stormwater Construction FY12 Budget Adjust - SRF Loan 5,496,775.00 Funding Increase for PO from 63-10 to 31-10(24,500.00) (3,028.50) - 3,837,800
403 403-38-13-538-63-10 SE Stormwater II SRF Loan, Stormwater Construction FY14 Budget Adjust - SRF Loan 400,574.00 FY16 Drainage Project Budget Reclass 3,556.00
403 403-38-13-538-63-10 SE Stormwater II SRF Loan, Stormwater Construction FY16 Budget Adust - SRF Loan 220,033.00 FY Budget Adjust from 63-10 to 31-10 (15,032.00)
403 403-38-13-538-63-10 SE Stormwater II SRF Loan, Stormwater Construction Adjustment (32,907.00) 3,081.66
403 403-38-13-538-63-10 SE Stormwater II SRF Loan, Stormwater Construction Transfer from Phase I into FY16 42,347.00 (25,336.56)
403 403-38-31-538-63-10 Neighborhood Drainage Improv.Transportation Surtax, StormwaterConstruction 1,170,960.00 Budget Appropriation FY21-22 (ClearGov)3,000,000.00 (340,262.00) (746,914.00) (1,564,326.49) (207,668.59) (717,832.50) (406,862.77) 155,882
403 403-38-31-538-63-10 Neighborhood Drainage Improv.Transportation Surtax, StormwaterConstruction 133,240.35 (164,452.27)
403 403-38-31-538-63-10 Neighborhood Drainage Improv.Transportation Surtax, StormwaterConstruction
403 403-38-31-538-63-10 Neighborhood Drainage Improv.Transportation Surtax, StormwaterConstruction
403 403-38-32-538-31-10 Citywide Stormwater Masterplan Stormwater, CDBG-MIT Design 1,060,000.00 Reso 2022-158 16,535.00 (364,909.79) (428,007.97) - - - -
403 403-38-32-538-31-10 Citywide Stormwater Masterplan Stormwater, CDBG-MIT Design - (30,595.00) (221,278.33) (31,743.91)
403 403-38-32-538-31-10 Citywide Stormwater Masterplan Stormwater, CDBG-MIT Design
403 403-38-32-538-31-10 Citywide Stormwater Masterplan Stormwater, CDBG-MIT Design
403 403-38-33-538-63-10 SW 43 Terr Stormwater (Surtax)Transportation Surtax, StormwaterConstruction - Grant Revenue Received Nov 2023 2,297,468.00 (1,971,089.78) (170,437.96) - 0
403 403-38-33-538-63-10 SW 43 Terr Stormwater (Surtax)Transportation Surtax, StormwaterConstruction - Grant Revenue Received Nov 2023 (155,940.00)
403 403-38-33-538-63-10 SW 43 Terr Stormwater (Surtax)Transportation Surtax, StormwaterConstruction - Grant Revenue Received Nov 2023
403 403-38-33-538-63-10 SW 43 Terr Stormwater (Surtax)Transportation Surtax, StormwaterConstruction - Grant Revenue Received Nov 2023
403 403-38-34-538-31-10 PJ Meli Drainage Stormwater Construction 247,340.00 (111,895.00) (71,430.25) (64,014.75) -
403 403-38-34-538-31-10 PJ Meli Drainage Stormwater Construction
403 403-38-12-538-63-10 SE Stormwater Phase I Stormwater Construction 798,625.00 - (3,936.00) (51,538.00) (36,432.00) 706,719
403 403-38-12-538-63-10 SE Stormwater Phase I Stormwater Construction
401 401-17-05-533-31-10 AMI Water Meter System Water Design 132,770.00 (265,540.00) -
401 401-17-05-533-31-10 AMI Water Meter System Water Design -
401 402-17-05-533-31-10 AMI Water Meter System Water Design 132,770.00
401 402-17-05-533-31-10 AMI Water Meter System Water Design -
401 401-33-44-533-31-10 NW 1st Ave Water Main Stirling Water Design 80,160.00
401 401-33-44-533-31-10 NW 1st Ave Water Main Stirling Water Design
401 401-33-44-533-63-10 NW 1st Ave Water Main Stirling Water Design 303,023.00 - - 383,183
401 401-33-44-533-63-10 NW 1st Ave Water Main Stirling Water Design
402 402-35-26-535-63-10 Lift Rehabs 5,7,10 Sewer Construction 1,137,594.00 Soft Close Diff FY2020 (9,607.00) (1,007,274.05) - 120,713 Carryforward-reappropriate
402 402-35-26-535-63-10 Lift Rehabs 5,7,10 Sewer Construction
402 402-35-26-535-63-10 Lift Rehabs 5,7,10 Sewer Construction
402 402-35-26-535-63-10 Lift Rehabs 5,7,10 Sewer Construction
402 402-35-27-535-63-10 SCADA System Sewer Construction 257,714.88 Transfer JE#2021-2691 14,000.00 (248,275.37) (23,060.00) - (0)
402 402-35-27-535-63-10 SCADA System Sewer Construction Project Amount Reduction (380.00)
402 402-35-20-535-63-10 I&I Mainline Repairs Sewer Construction 2,041,450.00 (344,553.10) (245,960.72) (1,450,936.18) -
402 402-35-20-535-63-10 I&I Mainline Repairs Sewer Construction
402 402-35-28-535-31-10 HMGP Lift Stations HMGP Construction 9/30/2026 499,800.00 Reso# 2022-164- ARPA 1,111,135.00 (82,600.00) (352,200.00) (7,150.00) (32,613.75) (145,986.25) -
402 402-35-28-535-31-10 HMGP Lift Stations HMGP Construction 9/30/2026 Reso # 2022-164 Grant Funds 3,710,385.00
402 402-35-28-535-31-10 HMGP Lift Stations HMGP Construction 9/30/2026 BT#2024-2676 - Grant Funds 4,548,157.50
402 402-35-28-535-31-10 HMGP Lift Stations HMGP Construction 9/30/2026 City Funds 404,917.50
402 402-35-28-535-31-10 HMGP Lift Stations HMGP Construction 9/30/2026 120,750.00
402 402-35-28-535-63-10 HMGP Lift Stations HMGP Construction 9/30/2026 (199,500.00) (553,878.92) (9,021,216.08)
402 402-35-29-535-63-10 Lift Station Mitigation Phs III FDEP Construction 9/30/2026 - 8,339,000.00 - 8,339,000
402 402-35-29-535-63-10 Lift Station Mitigation Phs III FDEP Construction 9/30/2026
402 402-35-29-535-63-10 Lift Station Mitigation Phs III FDEP Construction 9/30/2026
402 402-35-29-535-63-10 Lift Station Mitigation Phs III FDEP Construction 9/30/2026
402 402-35-30-535-63-10 Lift Station ARPA Construction - 4,069,890.00 - (4,069,890.00) -
402 402-35-30-535-63-10 Lift Station ARPA Construction
405 405-72-15-572-63-10 Pier Refurbishing Pier, GF Loan Construction 500,000.00 Budget Appropriation 944,268.00 (170,449.00) (664,118.48) (687,561.91) - PO#2021-0169 - 6-17-2024
405 405-72-15-572-63-10 Pier Refurbishing Pier, GF Loan Construction GF Loan Reso#2021-193 873,920.00 (308.15) 308.15
The encumbrance side did not post. Tania is currently
investigating.
405 405-72-15-572-63-10 Pier Refurbishing Pier, GF Loan Construction (796,058.61) - - The encumbrance side did not post. Tania is currently investigating.
415 415-45-02-545-31-10 Parking Facility Pier, GF Loan Construction 172,016.48 - (53,016.48) - (61,476.06) (39,149.71) 18,375
415 415-45-02-545-63-10 Parking Facility Pier, GF Loan Construction 373000 - (23,000.00) (348,622.00) (1,377.00)
415 415-45-03-545-31-10 City Center Garage Pier, GF Loan Construction 75,286.67 - (14,094.64) - - - 289,723
415 415-45-03-545-63-10 City Center Garage Pier, GF Loan Construction 404937 - (61,192.50) (4,180.00) (111,033.50)
415 415-45-24-545-31-10 Restroom and Storage Facility Pier, GF Loan Construction 454,792.00 - - - (59,640.00) (395,152.00) -
415 415-45-24-545-31-10 Restroom and Storage Facility Pier, GF Loan Construction -
415 415-72-15-572-63-10 Pier Refurbishing Pier, GF Loan Construction 1,487,238.38 277,086.00 (522,238.38) - (144,941.98) - 1,097,144
415 415-72-15-572-63-10 Pier Refurbishing Pier, GF Loan Construction -
103 103-22-65-522-31-10 HMGP - Fire Rescue Station # 1 HMGP, City Match Construction 7/31/2024 (96,614.00) (18,259.00) (562.50) (845.00) (49,587.50) 850,720
103 103-22-65-522-31-10 HMGP - Fire Rescue Station # 1 HMGP, City Match Construction 7/31/2024
103 103-22-65-522-63-10 HMGP - Fire Rescue Station # 1 HMGP, City Match Construction 7/31/2024 FEMA - Hazard MIT Program
103 103-22-65-522-63-10 HMGP - Fire Rescue Station # 1 HMGP, City Match Construction 7/31/2024 City's 25% Match 165,868.00 0 850720
103 103-18-65-519-31-30 HMGP - City Hall Wind Retrofit and Generator ProjectHMGP Design 6/30/2024 103-00-00-331-10-05 - (10,350.00) (109,754.00) (35,714.00) - (2,515.00) (63,967.00) 1,766,305
103 103-18-65-519-31-30 HMGP - City Hall Wind Retrofit and Generator ProjectHMGP Design 6/30/2024 (416,894.59)
103 103-18-65-519-63-10 HMGP - City Hall Wind Retrofit and Generator ProjectHMGP Design 6/30/2024 103-00-00-381-00-01 222,300.00
103 103-18-65-519-63-10 HMGP - City Hall Wind Retrofit and Generator ProjectHMGP Design 6/30/2024 2,183,200.00 -
103 103-39-67-541-63-10 CDBG 48th Yr Solar Lights CDBG Design 9/30/2023 177,575.00 (177,575.00) -
103 103-39-67-541-63-10 CDBG 48th Yr Solar Lights CDBG Design 9/30/2023
103 103-39-67-541-63-10 CDBG 48th Yr Solar Lights CDBG Design 9/30/2023
103 103-39-67-541-63-10 CDBG 48th Yr Solar Lights CDBG Design 9/30/2023
103 103-21-65-521-31-30 HMGP Hardening Grant Police HMGP Design 5/31/2024 28,000.00 (8,550.00) (950.00) (2,500.00) (16,000.00) -
103 103-21-65-521-63-10 HMGP Hardening Grant Police HMGP Design 5/31/2024 103-39-67-541-63-10 236,000
103 103-21-65-521-63-10 HMGP Hardening Grant Police HMGP Design 5/31/2024 236,000.00
103 103-21-65-521-63-10 HMGP Hardening Grant Police HMGP Design 5/31/2024
103 103-21-65-521-63-10 HMGP Hardening Grant Police HMGP Design 5/31/2024
103 103-72-10-572-63-10 Mullikin Park FDEP Design 6/30/2025 50,000.00 Additional Funding Reso # 2023-024 11,764.50 (3,798) (47,333) (8,735) - 1,900
103 103-72-10-572-63-10 Mullikin Park FDEP Design 6/30/2025 Currently budgeted 312,623.00 BT2024-3077 Appropriation (9,865.00) - (1,042,062.28) (14,535.17)
103 103-72-10-572-31-10 Mullikin Park FDEP Design 6/30/2025 250,000.00
103 103-72-10-572-31-10 Mullikin Park FDEP Design 6/30/2025 503,840.00
103 103-15-01-515-31-10 Watershed Master Plan FEMA 9/30/2024 100,000.00 (50,000.00) 50,000
103 103-15-01-515-31-10 Watershed Master Plan FEMA 9/30/2024 -
103 103-15-01-515-31-10 Watershed Master Plan FEMA 9/30/2024
103 103-15-01-515-31-10 Watershed Master Plan FEMA 9/30/2024
103 103-39-01-539-31-10 Vulnerability Assessment FDEP 95,500.00 95,500.00 (40,750.00) (54,750.00) - 95,500
103 103-39-01-539-31-10 Vulnerability Assessment FDEP
103 103-39-01-539-31-10 Vulnerability Assessment FDEP
103 103-39-01-539-31-10 Vulnerability Assessment FDEP
301 301-18-00-519-63-15 Southeast 5th Ave Crosswalk Capital Construction 200,000.00 (80,500.00) (119,500.00) -
301 301-18-00-519-63-15 Southeast 5th Ave Crosswalk Capital Construction
301 301-18-00-519-63-15 Southeast 5th Ave Crosswalk Capital Construction
301 301-18-00-519-63-15 Southeast 5th Ave Crosswalk Capital Construction
301 301-18-12-519-63-10 Nyberg Swanson (Women's Club) Capital Construction 2,500,000.00 Nyberg Swanson - Annual Appropriation 500,000.00 (78,968.15) (469,890.28) - (986,012.44) (172,379.22) 1,440,737
301 301-18-12-519-63-10 Nyberg Swanson (Women's Club) Capital Construction Project Adjustment JE2023-4545 147,987.00
301 301-18-12-519-63-10 Nyberg Swanson (Women's Club) Capital Construction
301 301-18-12-519-63-10 Nyberg Swanson (Women's Club) Capital Construction
301 301-39-52-541-63-10 Solar Street Lighting Capital, Bank Loan Construction 1,305,462.00 FY2024 Budget Appropriation 1,200,000.00 (1,216,495.00) (177,575.00) (443,202.00) (54,873.88) 1,013,316
301 301-39-52-541-63-10 Solar Street Lighting Capital, Bank Loan Construction FY2024 Budget Appropriation -Retrofit 400,000.00
301 301-39-52-541-64-00 Solar Street Lighting Capital, Bank Loan Construction
301 301-39-52-541-64-00 Solar Street Lighting Capital, Bank Loan Construction
301 301-39-58-541-63-10 Oasis XV - Capital Fund Capital NA 20,000.00 270,000
301 301-39-58-541-63-10 Oasis XV - Capital Fund Capital NA 250,000.00
301 301-39-58-541-31-10 Oasis XV - Capital Fund Capital NA
301 301-39-58-541-31-10 Oasis XV - Capital Fund Capital NA
301 301-39-59-541-63-10 Sidewalk Masterplan Tier 1 Capital, ARPA, GF Construction 400,000.00 ARPA funds 400,000.00 (651,201.25) (147,449.26) - 0
301 301-39-59-541-63-10 Sidewalk Masterplan Tier 1 Capital, ARPA, GF Construction Streets GF 22,604.00 - (23,953.00)
301 301-39-59-541-63-10 Sidewalk Masterplan Tier 1 Capital, ARPA, GF Construction
301 301-39-59-541-63-10 Sidewalk Masterplan Tier 1 Capital, ARPA, GF Construction
301 301-39-60-541-63-10 Roadway and Median Electrical Capital Construction FY 22 funding from 001 250,000.00 (74,061.54) (279,177.97) (58,658.07) (286,672.25) 716,430
301 301-39-60-541-63-10 Roadway and Median Electrical Capital Construction Carryforward from FY 21 160,000.00 (60,000.00)
301 301-39-60-541-63-10 Roadway and Median Electrical Capital Construction C/fwd from 2022 surplus 365,000.00
301 301-39-60-541-63-10 Roadway and Median Electrical Capital Construction FY22-23 Funding 700,000.00
301 301-72-60-572-63-10 Beach Revitalization II Capital Construction 525,000.00 Additional Funding FY2016 525,000.00 (714,784.49) (42,570.45) (391,929.77) (30,662.31) - (200.00) 421,888
301 301-72-60-572-63-10 Beach Revitalization II Capital Construction 400,000.00 Transfer to Phase I FY 16 (373,043.00) (103,763.00)
301 301-72-60-572-63-10 Beach Revitalization II Capital Construction Transfer to Phase I FY 16 (120,983.00)
301 301-72-60-572-63-10 Beach Revitalization II Capital Construction FPL Services FY 17 (2,176.00)
301 301-72-60-572-63-10 Beach Revitalization II Capital Construction Annual Budget Increase FY21-22 200,000.00
301 301-72-60-572-63-10 Beach Revitalization II Capital Construction Transfer to Phase I 23,001.00
301 301-72-60-572-63-10 Beach Revitalization II Capital Construction Budget Transfer 31-30 (21,000.00)
301 301-72-60-572-63-10 Beach Revitalization II Capital Construction Budget Appropriation Reversed (200,000.00)
301 301-72-60-572-63-10 Beach Revitalization II Capital Construction Annual Budget Increase FY17-18 200,000.00
301 301-72-60-572-63-10 Beach Revitalization II Capital Construction Annual Budget Increase FY18-19 200,000.00
301 301-72-60-572-63-10 Beach Revitalization II Capital Construction Annual Budget Increase FY19-20 200,000.00
301 301-72-60-572-63-10 Beach Revitalization II Capital Construction Annual Budget Increase FY20-21 149,999.00
301 301-72-60-572-63-10 Beach Revitalization II Capital Construction -
301 301-72-60-572-31-30 Beach Revitalization II Capital Construction (20,725.00)
301 301-72-04-572-63-10 IT Parker Renovations Facilities, Flood Insur. Proceeds, Fund BalanceConstruction 505-39-02-539-64-00 125,000.00 Transferred from Fund 505 327,068.00 (77,500.00) (343,172.04) - 1
301 301-72-04-572-63-10 IT Parker Renovations Facilities, Flood Insur. Proceeds, Fund BalanceConstruction Flood Insurance Proceeds 81,580.00 (33,375.00) -
301 301-72-04-572-63-10 IT Parker Renovations Facilities, Flood Insur. Proceeds, Fund BalanceConstruction Unassigned Fund Balance 422,023.00 (496,525.22) -
301 301-72-04-572-63-10 IT Parker Renovations Facilities, Flood Insur. Proceeds, Fund BalanceConstruction (5,097.78)
301 301-39-61-541-31-10 Corridor Master Plan Capital Design 788,000.00 467,000.00 - (17,080.00) (104,680.00) 1,133,240
301 301-39-61-541-31-10 Corridor Master Plan Capital Design
301 301-39-61-541-31-10 Corridor Master Plan Capital Design
301 301-39-61-541-31-10 Corridor Master Plan Capital Design
301 301-72-62-572-31-10 Olsen Middle School Capital Design 941,640.00 (87,120.00) (854,520.00) 1,308,360
301 301-72-62-572-31-10 Olsen Middle School Capital Design
301 301-72-62-572-63-10 Olsen Middle School Capital Design 1,308,360.00
301 301-72-62-572-63-10 Olsen Middle School Capital Design
301 301-72-63-572-31-10 Boisy Waiters Park Master Plan Capital Design - 100,000
301 301-72-63-572-31-10 Boisy Waiters Park Master Plan Capital Design
301 301-72-63-572-63-10 Boisy Waiters Park Master Plan Capital Design 100,000.00
301 301-72-63-572-31-10 Boisy Waiters Park Master Plan Capital Design
301 301-18-02-519-63-10 City Hall Park Capital Construction 150,000.00 (17,500.00) (7,500.00) (121,690.98) (1,500.00) 1,809
301 301-18-02-519-63-10 City Hall Park Capital Construction
301 301-18-02-519-63-10 City Hall Park Capital Construction
301 301-18-02-519-63-10 City Hall Park Capital Construction
301 301-18-13-519-31-10 City Hall Modernization Capital Design 200,000.00 (129,014.80) (2,337.60) (213,162.25) 2,355,485
301 301-18-13-519-31-10 City Hall Modernization Capital Design
301 301-18-13-519-63-10 City Hall Modernization Capital Design 2,500,000.00
301 301-18-13-519-63-10 City Hall Modernization Capital Design
301 301-21-04-521-64-30 LPR System Capital 600,000.00 - (595,747.05) (242.22) 4,011
301 301-21-04-521-64-30 LPR System Capital
301 301-21-04-521-64-30 LPR System Capital
301 301-21-04-521-64-30 LPR System Capital
302 302-72-08-572-31-10 PJ Meli Improv Capital 1,000,000.00 1,000,000.00 (75,498.40) (1,613,001.60) 311,500
302 302-72-08-572-31-10 PJ Meli Improv Capital
302 302-72-08-572-31-10 PJ Meli Improv Capital
302 302-72-08-572-31-10 PJ Meli Improv Capital
302 302-22-04-522-31-10 EOC Building Project Capital 454,449.00 - -
302 302-22-04-522-31-10 EOC Building Project Capital (454,449.00)
302 302-22-04-522-31-10 EOC Building Project Capital
302 302-22-04-522-31-10 EOC Building Project Capital
301 301-39-06-541-31-30 Road and Street Facilities Capital 90,302.00 - (84,708.40) (3,623.99) (1,968.81) 1
301 301-39-06-541-31-30 Road and Street Facilities Capital
301 301-39-06-541-31-30 Road and Street Facilities Capital
301 301-39-06-541-31-30 Road and Street Facilities Capital
302 302-72-03-572-31-10 CW Thomas Park Phase 1 Bank Loan, Capital Construction 24,704,466.88 Project GMP Total Reso 2024-042 542,124.00 - - (534,537.92) (295,745.10) (119,431.15) 280,491
302 302-72-03-572-62-10 CW Thomas Park Phase 1 Bank Loan, Capital Construction Permit - (2,559,981.90) (6,848,673.80) (14,150,397.56)
302 302-72-03-572-49-30 CW Thomas Park Phase 1 Bank Loan, Capital Construction 65,512.00 (512,289.06) (10,555.36)
302 302-72-03-572-49-30 CW Thomas Park Phase 1 Bank Loan, Capital Construction - - -
302 302-72-03-572-63-10 CW Thomas Park Phase 1 Bank Loan, Capital Construction -
301 301-15-02-524-31-10 Building Bank Loan, Capital Construction 1,622,912.29 (157,635.29) - (669,194.79) (796,079.99) 2
301 301-15-02-524-31-10 Building Bank Loan, Capital Construction
301 301-15-02-524-63-10 Building Bank Loan, Capital Construction
301 301-15-02-524-63-10 Building Bank Loan, Capital Construction
301 301-15-05-515-31-10 CSLIP Cycle 9 Bank Loan, Capital Construction 350,000.00 (30,125.00) (3,180.00) (15,300.00) 301,395.00
301 301-15-05-515-31-10 CSLIP Cycle 9 Bank Loan, Capital Construction
301 301-15-05-515-63-10 CSLIP Cycle 9 Bank Loan, Capital Construction
301 301-15-05-515-63-10 CSLIP Cycle 9 Bank Loan, Capital Construction303 303-38-12-538-31-10 Stormwater Phase II Bond, Capital Construction 691,110.00 - (292,667.99) (398,440.74) 25,932,534.71
303 303-38-13-538-49-16 Stormwater Phase II Bond, Capital Construction 550,155.00 (550,154.63)
303 303-38-12-538-63-10 Stormwater Phase II Bond, Capital Construction 41,167,470.00 (5,179,368.39) (10,055,568.54)
303 303-38-12-538-63-10 Stormwater Phase II Bond, Capital Construction
505 505-39-02-539-63-10 City Hall Restrooms Facilities Construction 188,653.50 (11,500.00) (197,653.50) -
505 505-39-02-539-63-10 City Hall Restrooms Facilities Construction 20,500.00
505 505-39-02-539-63-10 City Hall Restrooms Facilities Construction
505 505-39-02-539-63-10 City Hall Restrooms Facilities Construction
Grand Totals 88,409,276.20 10,377,928.11 (905,958.49) (976,764.47) (3,577,019.55) (6,730,502.66) (197,345.35) (22,504,320.91) (45,172,996.62) 53,540,165.53
505-39-02-539-64-00 Building Dept Renovations 210,000.00 Adopted FY23 148,190.00 (4,950.00) (61,640.00) 291,600
505-39-02-539-64-00 Building Dept Renovations
505-39-02-539-64-00 Building Dept Renovations
505-39-02-539-64-00 Building Dept Renovations
# of
Pymts $ Value
# of
Pymts $ Value
# of
Pymts $ Value
October 6 $557
November 3 $215
December 2 $4,000 2 $173
January 13 $1,545
February 12 $978 2024-2025
March 1 $30 4 $1,273 2023-2024
April 4 $142 8 $1,633 2022-2023
May 3 $176
June 10 $4,323 1 $4
July 1 $2,000 1 $50
August 3 $150
September 4 $226
FY 2023 FY 2024 FY 2025
$0$500$1,000
$1,500
$2,000
$2,500$3,000$3,500
$4,000
$4,500
$5,000
CivicOptimize Gen Acct CD and JustFOIA
FY 2023 $ Value FY 2024 $ Value FY 2025 $ Value
# of
Pymts $ Value
# of
Pymts $ Value
# of
Pymts $ Value
October 12 $26,300 19 $71,675
November 21 $41,105 13 $47,330
December 6 $9,330 25 $77,085
January 19 $44,995 22 $79,600
February 9 $26,465 25 $69,500
March 9 $25,630 24 $69,365 2023-2024
April 9 $38,255 27 $91,680 2022-2023
May 17 $68,375 20 $79,375 2024-2025
June 18 $54,575
July 5 $9,740 18 $47,175
August 8 $19,610 25 $57,400
September 6 $12,030 17 $59,485
$41,380 $499,090 $585,610
FY 2023 FY 2024 FY 2025
0
10,000
20,00030,000
40,000
50,000
60,000
70,00080,00090,000
100,000
Credit Cards Cemetery
FY 2023 $ Value FY 2024 $ Value FY 2025 $ Value
FY 2025
# of Pymts $ Value
# of
Pymts $ Value
# of
Pymts $ Value
October 158 $7,720 112 $4,547 141 $7,334
November 71 $3,359 46 $1,562 74 $3,333
December 27 $1,048 36 $1,284 37 $1,503
January 26 $1,332 23 $615 31 $1,616
February 30 $1,241 19 $851 23 $979
March 20 $1,096 18 $802 26 $1,225 2022-2023
April 44 $2,103 13 $604 19 $663 2023-2024
May 23 $1,048 10 $267 21 $888 2024-2025
June 10 $385 9 $208
July 9 $198 2 $0
August 2 $0 20 $310
September 115 $6,191 162 $8,089
FY 2023 FY 2024
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
Online Credit Card Payments- Beach Parking Permits
FY 2024
# of Pymts $ Value # of Pymts $ Value # of Pymts $ Value
October 1,806 $581,381 1,756 $419,523 1,799 $631,937
November 1,626 $436,666 1607 $477,225 1698 $490,381
December 1,720 $563,383 1644 $575,861 1676 $453,598
January 1,851 $576,388 1580 $403,966 1814 $559,003
February 1,727 $529,750 1461 $393,924 1586 $466,879
March 399 $159,173 1883 $624,708 1673 $524,878 2023-2024
April 6 $300 1558 $415,006 1696 $514,951 2021-2022
May 0 $0 1635 $502,840 1705 $482,818 2022-2023
June 0 $0 1771 $486,384 1890 $677,359
July 0 $0 2003 $522,805 1956 $509,105
August 0 $0 1919 $591,853 1745 $44,810
September 0 $0 1748 $475,765 1953 $648,891
FY 2022 FY 2023
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
Online Credit Card Payments -Utilities
FY 2024
# of
Pymts $ Value
# of
Pymts $ Value
# of
Pymts $ Value
October 31 $1,115,216
November 30 $749,206
December 31 $908,920
January 31 $1,351,246
February 28 $911,799 2024-2025
March 31 $448,959 31 $1,090,436 2023-2024
April 30 $724,743 30 $1,343,615 2025-2026
May 30 $1,159,841
June 30 $584,435
July 31 $1,062,320
August 31 $1,020,856
September 30 $715,255
Report is Financial activity summary
Pull information from "Net Financial Activity"
FY 2025 FY 2026
0
200,000
400,000
600,000
800,000
1,000,000
1,200,000
1,400,000
1,600,000
Tyler Payment
FY 2024 # of Pymts FY 2025 # of Pymts FY 2026 # of Pymts
FY 2025 FY 2024
# of
Pymts $ Value
# of
Pymts $ Value
# of
Pymts $ Value
October 300 $12,087 305 $10,189 293 $18,293
November 244 $11,481 219 $10,420 188 $11,802
December 255 $14,157 218 $11,389 184 $10,643
January 238 $18,397 266 $11,741 228 $13,489
February 382 $21,671 201 $11,951 215 $12,691 2024-2025
March 435 $33,319 422 $31,083 339 $29,674 2023-2024
April 491 $66,844 377 $59,880 229 $54,344 2022-2023
May 465 $40,790 315 $21,926 147 $11,025
June 168 $13,708 216 $16,773
July 183 $3,038 125 $6,317
August 233 $9,575 242 $15,031
September 218 $7,421 240 $11,545
FY 2023
0
5,000
10,000
15,000
20,000
25,000
30,000
35,000
40,000
RecDesk
FY 2025 $ Value FY 2024 $ Value FY 2023 $ Value
FY 2025 FY 2024 FY 2023
October 185,800 91,738 113,900
November 86,300 81,622 128,500
December 83,000 103,235 78,800
January 78,000 85,760 75,900
February 73,100 85,861 79,200
March 108,200 67,008 105,100
April 98,600 69,102 115,900
May 101,300 66,040 84,300
June 70,024 74,100
July 79,388 67,100
August 100,130 67,700
September 123,562 86,599
0
20000
40000
60000
80000
100000
120000
140000
160000
180000
200000
Beach Camera Views
FY 2025 FY 2024 FY 2023
FY 2025 FY 2024 FY 2023
October 351 369 396
November 197 444 238
December 173 475 270
January 404 719 494
February 594 632 424
March 442 491 531
April 453 231 471
May 524 618 505
June 391 508
July 331 321
August 250 501
September 378 499
YouTube Channel
0
100
200
300
400
500
600
700
800
Commission Meeting Views
FY 2025 FY 2024 FY 2023
1st Q 2023 1st Q 2024 1st Q 2025 2nd Q 2023 2nd Q 2024 2nd Q 2025 3rd Q 2023 3rd Q 2024 3rd Q 2025 4th Q 2023 4th Q 2024 4th Q 2025
Desktop 42.5% 44.7% 39.0% 40.5% 43.7% 40.9% 44.1% 39.7% 38.8%41.4%
Smartphone 55.3% 53.4% 57.9% 57.4% 54.4% 56.6% 54.0% 57.3% 47.9%55.9%
Tablet 2.2% 1.8% 2.3% 2.1% 1.9% 2.0% 1.6% 2.3% 7.3%2.3%
Other 0.0% 0.6% 0.0% 0.5% 0.0% 0.7% 20.0%0.1%
Website Visit by Device Type Comparison
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
70.0%
1s
t
Q
2
0
2
3
1s
t
Q
2
0
2
4
1s
t
Q
2
0
2
5
2n
d
Q
2
0
2
3
2n
d
Q
2
0
2
4
2n
d
Q
2
0
2
5
3r
d
Q
2
0
2
3
3r
d
Q
2
0
2
4
3r
d
Q
2
0
2
5
4t
h
Q
2
0
2
3
4t
h
Q
2
0
2
4
4t
h
Q
2
0
2
5
Website Visit by Device Type Comparison
FY 2025 FY 2024 FY 2023
October 13,174 11,286 9,789
November 10,591 10,370 9,564
December 10,419 8,932 8,197
January 11,291 10,820 9,543
February 10,664 11,612 9,338
March 11,721 11,703 10,946
April 12,138 11,869 10,851 2024-2025
May 11,151 12,087 10,489 2023-2024
June 11,809 12,351 2022-2023
July 12,019 10,843
August 11,919 11,775
September 11,293 9,897
NUMBER OF CITY-WIDE PHONECALLS
0
2000
4000
6000
8000
10000
12000
14000
Number of e-bill users by month
FY 2025 FY 2024 FY2023
October 1078 922 804
November 1107 929 805
December 1125 939 818
January 1183 948 835
February 959 848
March 1243 979 861
April 1259 988 873
May 1269 999
June 1008 890
July 1019 886
August 1026 901
September 1051 910
0
200
400
600
800
1000
1200
1400
Incremental E-bill Accounts
Number of e-bill users by month FY 2025 Number of e-bill users by month FY 2024
Number of e-bill users by month FY2023
Kiosk
FY 2025 FY 2024 FY 2023
October 15,527.43$ 14,452.23$ 10,067.50$
November 18,366.36$ 11,121.83$ 11,339.44$
December 14,241.27$ 11,401.43$ 12,409.30$
January 14,970.22$ 12,953.63$ 11,856.78$
February 63,105.28$ 15,069.97$ 11,856.78$
March 14,515.99$ 12,091.93$ 11,032.47$
April 13,719.58$ 10,302.51$ 7,514.64$
May -$ 12,472.31$ 11,120.90$
June -$ 15,266.47$ 12,405.61$
July -$ 14,865.64$ 10,289.44$
August -$ 14,014.91$ 10,380.86$
September -$ 13,041.75$ 11,842.84$
FY 2023
FY 2024
FY 2025
$- $2,000.00 $4,000.00 $6,000.00 $8,000.00 $10,000.00 $12,000.00 $14,000.00 $16,000.00 $18,000.00 $20,000.00
Kiosk
FY 2025 FY 2024 FY 2023
Description Current 1-30 31-60 61-90 90+Total
#4652 - Eric L Wilson Reservation of Burial Plot .00 .00 .00 .00 2710.00 2,710.00
#5474 - Cokenya D West Reservation of Burial Plot .00 .00 .00 .00 250.00 250.00
#4179 - AJ Manuel Funeral Home Reservation of Burial Plot .00 .00 .00 .00 1680.00 1,680.00
#5736 - Sands, Carolyn Reservation of Burial Plot .00 .00 .00 .00 3000.00 3,000.00
#5756 - Rahming Poitier Funeral Home Reservation of Burial Plot .00 .00 .00 .00 4750.00 4,750.00
#5673 - Agape Funeral and Cremation Reservation of Burial Plot .00 .00 .00 .00 5040.00 5,040.00
#3946 - Eric S George Funeral Home Reservation of Burial Plot .00 .00 .00 .00 2380.00 2,380.00
#5909 - Freeman Funeral Home Reservation of Burial Plot .00 .00 .00 .00 1500.00 1,500.00
#5924- Garcia Gimeno Reservation of Burial Plot .00 .00 .00 .00 200.00 200.00
#5862 - Love and Grace Funeral Home Reservation of Burial Plot .00 .00 .00 .00 3360.00 3,360.00
#5976 - John Hanks Memorial Services Reservation of Burial Plot .00 .00 .00 .00 1500.00 1,500.00
#5925 - Anthony R. Manuel Funeral Home Reservation of Burial Plot .00 3180.00 .00 4640.00 600.00 8,420.00
#6121 - Christine Smith Reservation of Burial Plot .00 .00 .00 .00 1500.00 1,500.00
#4165 - Roy Mizell & Kurtz Funeral Home Reservation of Burial Plot .00 3625.00 .00 .00 .00 3,625.00
#4246 - Fuller Brothers Funeral Home Reservation of Burial Plot .00 1500.00 .00 .00 .00 1,500.00
#5182 - A Good Shepherd's Funeral Home Reservation of Burial Plot .00 3990.00 .00 .00 .00 3,990.00
#6254 - Samuel Funeral Home Reservation of Burial Plot .00 15595.00 .00 .00 .00 15,595.00
#6173 - Pax Villa FH Miami Reservation of Burial Plot .00 7250.00 3990.00 .00 .00 11,240.00
#6071 - Bells Funeral Services Reservation of Burial Plot .00 .00 3990.00 .00 625.00 4,615.00
#4203 - McWhite's Funeral Home Reservation of Burial Plot .00 5810.00 .00 .00 3990.00 9,800.00
# 4786 - Dillard Josephine Reservaton of Burial Plot .00 .00 .00 .00 200.00 200.00
Cemetery Totals $0.00 $40,950.00 $7,980.00 $4,640.00 $33,285.00 $86,855.00
Bulk Trash Pickup .00 1140.00 240.00 600.00 15734.00 17714.00
Bulk Trash Pk Up $0.00 $1,140.00 $240.00 $600.00 $15,734.00 $17,714.00
Miscellaneous FA Customers BSO & Fire False Alarms 25.00 .00 .00 .00 2,000.00 2,025.00
$25.00 $0.00 $0.00 $0.00 $2,000.00 $2,025.00
3065 - Keynorth Townhomes Annual Inspection FY 11 .00 .00 .00 .00 1,700.00 1,700.00
3072 - Atlantis Management Annual Inspection FY 11 & FY 12 .00 .00 .00 .00 7,800.00 7,800.00
1012 - Gulfstream Apts.Annual Inspection FY 11 & FY 12 .00 .00 .00 .00 2,800.00 2,800.00
#4466 - Meadowbrook Condo Annual Inspection FY 13 .00 .00 .00 .00 1,000.00 1,000.00
4644 - Oakbridge Townhomes Annual Inspection FY 14 .00 .00 .00 .00 4,000.00 4,000.00
Miscellaneous FI Customers Annual & Re-Inspections .00 .00 .00 .00 254,485.00 254,485.00
$0.00 $0.00 $0.00 $0.00 $271,785.00 $271,785.00
#6168 - Florida Dept. of Emergency 2023-00000004 .00 .00 .00 .00 15,796.99 15,796.99
#6168 - Florida Dept. of Emergency 2023-00000005 .00 .00 .00 .00 179,395.52 179,395.52
#6155 - Florida Dept of Emergency 2024-00000001 .00 .00 .00 .00 49,875.00 49,875.00
#6168 - Florida Dept. of Emergency 2024-00000002 .00 .00 .00 .00 50,000.00 50,000.00
#6168 - Florida Dept. of Emergency 2025-00000002 .00 .00 12,000.00 .00 .00 12,000.00
#6168 - Florida Dept. of Emergency 2024-00000003 .00 .00 .00 .00 50,000.00 50,000.00
$0.00 $0.00 $12,000.00 $0.00 $345,067.51 $357,067.51
#6170 - FL Dept. of Economic Opportunity 2023-00000002 .00 .00 .00 .00 395,504.79 395,504.79
#4051 - State of Florida Dept of 2023-00000003 .00 .00 .00 .00 332,500.00 332,500.00
#4051 - State of Florida Dept of 2023-00000004 .00 .00 .00 .00 375,000.00 375,000.00
$0.00 $0.00 $0.00 $0.00 $1,103,004.79 $1,103,004.79
Miscellaneous LM Customers Lake Maintenance .00 .00 .00 .00 275.36 275.36
$0.00 $0.00 $0.00 $0.00 $275.36 $275.36
#4647 - Palmetto Hospitality of Dania Water Impact Fees .00 .00 .00 .00 20,242.00 20,242.00
Misc. Customers Misc. Customers 11,340.00 15,918.48 11,340.00 .00 58,009.43 96,607.91
$11,340.00 $15,918.48 $11,340.00 $0.00 $78,251.43 $116,849.91
$11,365.00 $58,008.48 $31,560.00 $5,240.00 $1,849,403.09 $1,955,576.57Grand Totals
Invoice Type MS - Miscellaneous
Miscellaneous Totals
Grant Federal Totals
Grant Federal Totals
Invoice Type GR State - Grant Reimb. State of Florida
Invoice Type LM - Lake Maintenance
Lake Maintenance Totals
Invoice Type GR Federal - Grant Reimb. Federal Government
False Alarm Totals
Invoice Type FI - Fire Inspection
Miscellaneous Billing Invoice Aging Report
Aging Date 05/31/2025
Report By Invoice Type
Fire Inspection Totals
Invoice Type FA- False Alarm
Invoice Type - CEM - Cemetery
Invoice Type - BULK Trash Pk Up - Notice of Violation
Out of Business/Inactive # of BTRs Dollar Amount
Florida Truck Town 1 611.75$
Robert Jutras 1 31.50$
Total Out of Business/Inactive 2 643.25$
New Approved Applications # of BTRs Dollar Amount
Abraham Felix 1 31.50$
Gabrielle Marisa Gutt 1 118.13$
Cheers Distributors Inc 1 520.00$
Diversified Portfolio Inc 1 467.50$
Deer Properties LLC 2 31.50$
Denis Albert 1 180.75$
Faraldo Enterprises 1 513.38$
Florida Truck Town 1 513.38$
Gayle Apartments Inc 1 31.50$
Hatteland Technology Inc 1 533.13$
Idaniel Vazquez 1 118.13$
Kairos Roofing LLC 1 520.00$
KB International Trading Corp 1 677.50$
Logix Health Inc 1 700.63$
Manzaliko LLC 1 180.75$
Meltink3D 1 546.25$
NSLA Investments LLC 1 191.25$
Osher Rebibo 1 31.50$
Puya Urban Cantina LLC 1 672.50$
Sara Meir 1 31.50$
Skyhanger II Corp 1 424.50$
Stephen Jutras 1 15.75$
Styles by Jeanne LLC 1 467.50$
The Good Guatemalon LLC 1 65.63$
Yoni Management LLC 2 335.75$
Total New Applications 27 7,919.91$
BTR Status # of BTRs Total Dollar Amount
Open Renewals- Current Year 368 137,162.80$
Paid Renewals 2,874 1,012,856.56$ Total BTRs as of 05/30/2025 3,242 1,150,019.36 **
**includes license fee, fire inpsection & solid waste registration
Business Tax Receipt Activity - May 2025
5 Prior
Yr.
2024 2025 2024 2025 2024 2025
Oct 3,114.00 44,966.16 1,450.00 3,125.00 2,660.00 3,010.00 602.00 45 47
Nov - - 1,557.00 2,865.00 2,890.00 578.00 35 39
Dec 6,228.00 19,168.00 - 1,550.00 2,630.00 2,103.20 420.64 59 48
Jan - - 2,995.00 3,846.56 769.31 40 48
Feb 10,241.00 26,469.00 - 1,450.00 2,850.00 3,540.00 708.00 55 40
Mar 1,557.00 3,114.00 1,450.00 2,900.00 2,770.00 2,899.76 579.95 40 50
Apr - 3,114.00 - 4,550.00 2,255.00 2,685.00 537.00 57 58
May 2,900.00 1,557.00 - 1,450.00 2,480.00 2,560.00 512.00 67 56
Jun 12,456.00 1,750.00 3,005.00 #VALUE! 39
Jul - 75.00 2,640.00 #VALUE! 43
Aug 63,837.00 1,935.00 2,705.00 #VALUE! 48
Sept 196,961.00 - 2,900.00 3,065.00 #VALUE! 56
Total 297,294$ 98,388$ 9,560$ 16,582$ 32,920$ 23,535$ #VALUE! 398 572
#VALUE! # of City's 4850 account became delinquent
for this period
Water Impact Fee Water Tap Fee Delinquent # per
Month
# of Accts
Water Fund Monthly Utility Account Activity MISC
Building/ New Construction Activity Delinquent Account Activity New Accts
>120 Past Due Monthly Billings % DELQ >120 Past Due
Monthly
Billings % DELQ >120 Past Due
Monthly Billings % DELQ
October 184,989 1,140,696$ 16%207,794 1,241,355$ 17%286,955 1,243,012$ 23%
November 186,463 1,205,526 15%216,614 1,267,676 17%307,108 1,164,508 26%
December 188,661 1,186,620 16%214,935 1,270,207 17%278,087 1,308,024 21%
January 188,029 1,165,000 16%220,340 1,211,794 18%278,766 1,278,238 22%
February 185,376 1,210,890 15%231,139 1,217,188 19%263,943 903,782 29%
March 183,535 1,267,253 14%235,434 1,310,333 18%253,837 1,336,359 19%
April 190,502 1,262,289 15%236,352 1,307,061 18%261,377 1,190,163 22%
May 189,684 1,172,418 16%262,509 1,229,203 21%260,498 1,299,714 20%
June 184,340 1,178,310 16%247,808 1,372,056 18%#DIV/0!
July 190,677 1,288,709 15%261,459 1,298,366 20%#DIV/0!
August 198,874 1,252,551 16%252,820 1,250,659 20%#DIV/0!
September 203,881 1,235,287 17%360,091 1,263,892 28%#DIV/0!
Annual Avg 189,584$ 1,213,796$ 16%245,608$ 1,269,983$ 19%273,821$ 1,215,475$ #DIV/0!
FY 2023 FY 2024 FY 2025
>120 Past Due >120 Past Due % +/->120 Past Due % +/-
October 377,040 388,922 3%411,308 5%
November 383,454 390,867 2%413,066 5%
December 385,515 397,662 3%414,412 4%
January 385,601 396,459 3%418,252 5%
February 389,237 395,697 2%421,766 6%
March 391,059 397,067 2%421,614 6%
April 390,781 398,812 2%424,262 6%
May 392,882 401,076 2%425,057 6%
June 394,781 405,003 3%#DIV/0!
July 397,219 404,194 2%#DIV/0!
August 396,674 407,690 3%#DIV/0!
September 387,690 409,329 5%#DIV/0!
Annual Avg 389,328$ 399,398$ 3%418,717$ 5%
Active Account Graph: Billing data indicates deliquency rate on active accounts remain constant at an average of 1% of billings per month
INACTIVE ACCOUNTS
WATER & SEWER UTILITY AGING REPORT
ACTIVE ACCOUNTS
FY 2023 FY 2024 FY 2025
0%
5%
10%
15%
20%
25%
30%
35%Active Accounts >120 days
FY 2023
FY 2024
FY 2025
350,000
360,000
370,000
380,000
390,000
400,000
410,000
420,000
430,000 Inactive Accounts > 120 days
FY 2023
FY 2024
FY 2025
City of Dania Beach
General Fund
Unassigned Fund Balance - - Contingency
----- General Fund -------
Unassigned
Contingency Fund Balance
Balance 10/1/24 (Unaudited) 250,000$ 27,231,349$
(Uses) / Additions:
October - 499,683
November - -
December - -
January (950) 177,000
February (6,000) -
March (5,000) 50,000
April (800) -
May - -
June - -
July - -
August - -
September - -
Sub-Total (Uses) / Additions (12,750) 726,683
Sub-Total Available 237,250 27,958,032
Other Considerations
GFOA/City Commission 25% Reserve (20,977,106)
Estimate of Availability at 01/15/2024 237,250$ 6,980,927$
City of Dania Beach
#001-18-00-519-99-10
Contingency Account
Original Budget 325,000$
Amendment (75,000) Veterans Park
Uses:
Total
Oct -
Nov -
December -
January (950) Fee Waiver - MLK Gala for IT Parker
(1,350) Fee Waiver - Four Chaplains - IT Parker
February (6,000) Prestige Club - Etiquette (DE, Collins, Olsen)
March (5,000) BLC Annual Installation Gala
(4,000) Dan Marino Foundation - Sponsorship
April (800) Prestige Club - Dania Elementary Additional
(4,000) National Day of Prayer - Commission
(5,000) Arbor Day - Commission
May -
June
July
August
September
Balance Remaining 222,900$
City of Dania Beach
General Fund
Analysis of
Fund Balance
Balance 10/1/23 27,231,349
Uses: #389-90-01
October 499,683 Carryovers/P.O.'s etc.
November -
December -
January 177,000 FY24-25 Funding for One Stop Aquatic Safety
February -
March 50,000 FIND Boat Ramp Grant Gen Fund Match
April -
May
June
July
August
September
Total Uses (Sources)726,683
Estimated Balance Available 09/30/24 27,958,032$
Other Considerations
GFOA/City Commission 25% Reserve (13,000,000) est.
Estimate of Availability at 09/30/24 14,958,032
MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, JUNE 10, 2025 - 7:00 P.M.
1.CALL TO ORDER/ROLL CALL
Mayor Davis called the meeting to order at 7:02 p.m.
Present:
Mayor Joyce L. Davis
Vice-Mayor Marco A. Salvino, Sr.
Commissioner Lori Lewellen
Commissioner Luis Rimoli
Commissioner A. J. Ryan IV
City Manager Ana M. Garcia, ICMA-CM
City Attorney Eve Boutsis
City Clerk Elora Riera, MMC
2.MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE
Mayor Davis called for a moment of silence followed by the Pledge of Allegiance to the United
States Flag.
3.PRESENTATIONS AND SPECIAL EVENT APPROVALS
3.1 R.E.A.C.H. Program Presentation by Kelly Sharaby - City Manager
Kelly Sharaby provided an update on the R.E.A.C.H. program at Olsen Middle School.
3.2 Special Event Application:
• Dania After Dark 2025-2026
• Panther Fireworks (Arthur Shaw)
• Juneteenth Freedom Day
There was Commission consensus to approve the special event applications.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, June 10, 2025 – 7:00 p.m.
2
3.3 Mr. Todd Storti, Executive Director, Broward County Solid Waste Authority -
Sponsored by Commissioner Ryan
This item was heard after item 4.1.
There was Commission consensus to allow both presentations to be heard.
Commissioner Ryan introduced the item.
Mr. Storti provided a PowerPoint presentation on the Draft Regional Solid Waste and Recycling
Master Plan Update.
3.4 Mr. Lucdwin Luck, Office of External Affairs, Florida Department of Financial
Services - Sponsored by Commissioner Ryan
Commissioner Ryan introduced the item. Mr. Luck provided a PowerPoint presentation and
spoke regarding consumer services and insurance agent and agency services.
3.5 Request for Proclamation Approval - Code Enforcement Officers' Appreciation Week
- June 5-9, 2025
This item was heard after item 3.3.
There was Commission consensus to approve the proclamation request.
4.PROCLAMATIONS
4.1 Code Enforcement Officers' Appreciation Week Proclamation - June 5-9, 2025 -
Community Development
This item was heard after item 3.5.
Mayor Davis read the proclamation into the record and presented it to the Code Enforcement
Officers.
5.ADMINISTRATIVE REPORTS
5.1 City Manager
City Manager Garcia presented her administrative report and touched on the following topics:
- 65 active city projects
- New sign at P.J. Meli park
- PAFR
- Water meter project
- 2nd Annual Core Conversations series
- Recruitment of Deputy Director of Finance, Barbara Albritton Trinka, CPA/MBA
- AFSCME negotiations and ratification of contract
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, June 10, 2025 – 7:00 p.m.
3
- Taxable Values Report
- Marketing Team visibility for the city
5.2 City Attorney
City Attorney Boutsis introduced the intern for the City Attorney’s office. Olivia Donnellan
introduced herself.
5.3 City Clerk - Reminders
City Clerk Riera reminded the Commission of the following upcoming meetings:
- June 24, 2025 City Commission Meeting - 7 p.m.
- July 8, 2025 - CRA Board Meeting - 6 p.m.
- July 8, 2025 City Commission Meeting - 7 p.m.
6.PUBLIC SAFETY REPORTS
Captain Tarala provided an update on recent criminal activity in the city. He spoke about the
Dania Pointe Operational Plan for the summer break and advised that they have conducted over
182 area checks between the city parks, city hall and the parking garage and reported there have
been zero issues.
City Manager Garcia commended Chief Tarala on all his hard work and dedication to making the
city safe.
Fire Chief Pellecer reported that the safety inspections are at a 62% completion rate for the fiscal
year and they have performed 285 inspections in the month of May. He spoke about the Safety
Saturday Hands-on CPR class and said that Mayor Davis was one of the first to receive her
certificate of competition. The CAAS accreditors came last week and inspected the fire station
and rescue trucks and spoke to the firefighters at the station. They reported that our men and
women were the most prepared people for this inspection, and he is proud that they know their
job and serve our city. The new recruits will be participating in high rise training at Dania Pointe
and he thanks Dania Pointe for their partnership and said he will make sure they are there again
this year for the Dania Pointe 5k Fun Run Under the Sun.
7.CITIZENS’ COMMENTS
The following spoke under citizens’ comments:
- Lance Getreider - 126 NE 2 Ave
- Saasha Wheeler – 121 NW 33rd Terrace, Ft. Lauderdale
8.CONSENT AGENDA
Vice Mayor Salvino made a motion to approve the consent agenda. The motion was
seconded by Commissioner Rimoli which carried unanimously on voice vote.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, June 10, 2025 – 7:00 p.m.
4
8.1 Minutes: May 27, 2025 City Commission Meeting
Approved under consent agenda.
8.2 Travel Requests: None.
8.3 RESOLUTION NO. 2025-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A
MODIFICATION TO THE EXISTING AGREEMENT BETWEEN THE CITY OF DANIA
BEACH, FLORIDA EAST COAST RAILWAY, L.L.C. (FECR), AND BRIGHTLINE TRAINS
FLORIDA, LLC, RELATING TO THE BROWARD COUNTY SEALED CORRIDOR
PROJECT; CONFIRMING BRIGHTLINE’S THIRD-PARTY BENEFICIARY STATUS TO
THE CROSSING AGREEMENT; RATIFYING THE CITY’S CONTINUING OBLIGATIONS
UNDER THE EXISTING CROSSING AGREEMENT; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE. (Public Services)
Approved under consent agenda.
8.4 RESOLUTION NO. 2025-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, RATIFYING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
CITY OF DANIA BEACH, FLORIDA AND AFSCME FLORIDA COUNCIL 79, AFL-CIO
LOCAL 3535 FOR A THREE YEAR PERIOD OF OCTOBER 1, 2025, THROUGH
SEPTEMBER 30, 2028, AND AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE. (Human Resources)
Approved under consent agenda.
9.BIDS AND REQUESTS FOR PROPOSALS
9.1 RESOLUTION NO. 2025-_____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE AWARD OF INVITATION TO BID (“ITB”) 2025-012,
ENTITLED “SOUTHEAST DRAINAGE RETROFIT PROJECT PHASE II” TO RIC-MAN
CONSTRUCTION FLORIDA INC., IN AN AMOUNT NOT TO EXCEED NINETEEN
MILLION SEVEN HUNDRED FIFTY FOUR THOUSAND FOUR HUNDRED NINETY
FOUR DOLLARS AND FIFTY-ONE CENTS ($19,754,494.51), WHICH AMOUNT
INCLUDES A TEN PERCENT (10%) CONTINGENCY; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services)
City Attorney Boutsis read the title of the resolution.
Deputy Director of Public Services Sean Schutten introduced the item.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, June 10, 2025 – 7:00 p.m.
5
Commissioner Lewellen commented that she has received positive feedback on the company
performing the work.
Commissioner Lewellen made a motion to approve the item. The motion was seconded by
Vice Mayor Salvino which carried unanimously on voice vote.
10.QUASI-JUDICIAL HEARINGS
None.
11.FIRST READING ORDINANCES
None.
12.SECOND READING ORDINANCES
12.1 ORDINANCE NO. 2025-______
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE EXPENDITURE OF CITY FUNDS EXCEEDING ONE
MILLION DOLLARS ($1,000,000.00), TO FUND THE SOUTHEAST DRAINAGE
RETROFIT PROJECT, PHASE II; PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (Public Services)
City Attorney Boutsis read the title of the ordinance.
Mayor Davis asked for anyone wishing to speak and there were none.
Vice Mayor Salvino made a motion to approve the ordinance on second reading. The
motion was seconded by Commissioner Rimoli which carried unanimously.
12.2 ORDINANCE NO. 2025-______
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, TO AMEND CHAPTER 28, ENTITLED “LAND DEVELOPMENT CODE”
PART 5, ENTITLED “SIGNAGE AND DESIGN REGULATIONS”; ARTICLE 505,
ENTITLED “SIGN REGULATIONS”, AT SECTION 505-40, ENTITLED “DETAILED SIGN
STANDARDS” TO MODIFY WALL SIGN REGULATIONS; AMENDING SECTION 505-50,
ENTITLED “PROHIBITED SIGNS,” TO MODIFY SIGN PLACEMENT; AMENDING
SECTION 505-90, ENTITLED “SIGNAGE REGULATIONS FOR THE MIXED-USE CRA
FORM-BASED ZONING DISTRICTS (CC, SFED-MU, EDBB-MU, GTWY-MU, NBHD-
MU)” TO AUTHORIZE PORTABLE SIGNS FOR ALL BUSINESSES AND TO MODIFY
WALL SIGN REGULATIONS; AMENDING SECTION 505-110, ENTITLED “SIGNAGE
REGULATIONS FOR SHOPPING CENTERS, AND LARGE RETAIL ESTABLISHMENTS
IN COMMERCIAL DISTRICTS (C-1; C-2; C-3; C-4), AND PLANNED MIXED-USE
DISTRICTS (PMUD, PMUD/SL)” RELATING TO PROJECTING SIGNS; REPEALING
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, June 10, 2025 – 7:00 p.m.
6
SECTION 505-140, ENTITLED “SIGNS EXEMPT FROM CERTIFICATE OF COMPLIANCE
REQUIREMENT”; AND TO SUBSTANTIALLY REVISE SECTION 505-190, ENTITLED
“SIGNAGE REVIEW” TO REMOVE THE APPROVAL PROCESS AND FEES; PROVIDING
FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; CODIFICATION; AND FURTHER, PROVIDING FOR AN EFFECTIVE
DATE. (Community Development)
City Attorney Boutsis read the title of the ordinance.
Mayor Davis asked for anyone wishing to speak and there were none.
Vice Mayor Salvino made a motion to approve the ordinance on second reading. The
motion was seconded by Commissioner Rimoli which carried unanimously.
12.3 ORDINANCE NO. 2025-______
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AMENDING CHAPTER 28, ENTITLED “LAND DEVELOPMENT CODE”, AT
PART 3, ENTITLED “SPECIAL ZONING DISTRICTS”, SUBPART 1 ENTITLED
“COMMUNITY REDEVELOPMENT AREA (CRA) FORM-BASED ZONING DISTRICTS”,
AMENDING SECTION 303-60, ENTITLED “EDBB-MU, EAST DANIA BEACH
BOULEVARD MIXED-USE DISTRICT”, BY AMENDING PARAGRAPH (O), DELETING
THE EXISTING MAXIMUM HEIGHT MAP AND SUBSTITUTING A REVISED
MAXIMUM HEIGHT MAP ALLOWING SEVEN STORIES AT THE PROPERTY
LOCATED AT 225-255 EAST DANIA BEACH BOULEVARD; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Community Development)
City Attorney Boutsis read the title of the ordinance.
Mayor Davis asked for anyone wishing to speak and there were none.
Vice Mayor Salvino made a motion to approve the ordinance on second reading. The
motion was seconded by Commissioner Rimoli which carried unanimously.
13.DISCUSSION AND POSSIBLE ACTION
There were no discussion and possible action items on this agenda.
14.APPOINTMENTS
There were no appointments on this agenda.
15.COMMISSION COMMENTS
15.1 Commissioner Lewellen
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, June 10, 2025 – 7:00 p.m.
7
Commissioner Lewellen mentioned that Dr. Jackson will be leaving Collins Elementary and a
new principal will be coming in. She wished Dr. Jackson well in her new school. She reported
that the County Commission voted to approve surtax dollars to the city towards transit
transportation projects. She wished everyone a Happy Father’s Day.
15.2 Commissioner Rimoli
Commissioner Rimoli echoed Commissioner Lewellen’s thoughts about Dr. Jackson and noted
that she will be present at the next Commission Meeting to be recognized for her years of service
to the city. He commented on Linear Park and how beautiful it looks and commended the Parks
and Recreation staff and said Bill would be very proud.
15.3 Commissioner Ryan
Commissioner Ryan reported on the Broward League of Cities dinner and awards show and
congratulated Mayor Davis on being the First Vice President. He wished everyone a great
summer and is looking forward to the summer camp programs and sports programs. He thanked
the presenters for tonight and said he appreciates the Commissions input to both presenters and
stated they can reach out to either of them if there are any further questions. He reminded
everyone of the Municipal Leaders and City Staff meeting tomorrow and encouraged the
Commission to attend.
15.4 Vice-Mayor Salvino
Vice Mayor Salvino had no comments.
15.5 Mayor Davis
Mayor Davis thanked Commissioner Rimoli for bringing forward the agenda item recognizing
Dr. Jackson. She commended Liz Molina for providing jewelry sets for the Olsen Middle School
eighth-grade girls for graduation and spoke about the 2025 Olsen Middle School Prom at the I.T.
Parker Center and said the renovation of I.T. Parker was one of the best investments for the city.
She thanked Gracefully Aging for the invitation for their farewell breakfast and thanked her
colleagues for supporting the Simply Healthcare Wellness event on August 5, 2025. She thanked
Parks and Recreation for the marketing of the 5k Walking Club and commended Anthony Ifedi
for his assistance in getting the communication out and growing the walking club. She
commented that her and Commissioner Ryan attended the 75th Anniversary for the Women’s
Auxiliary at American Legion Post 304 and that it is always good to support our veterans and
Post 304. She spoke about attending the 2025 annual awards ceremony for MIASF and a
potential partnership opportunity. She thanked Chief Human Resources Officer, Linda
Gonzalez, for all she does for Thriving Thursdays and congratulated Commissioner Ryan and
Commissioner Rimoli for being the first and second alternates for the Broward League of Cities
and said they asked the city to consider adding it as a budget line item. She spoke about the
Creation Station classes for adults and commented that she wants to include more information on
the classes to increase attendance as the last class was not well attended. She commended Chris
Lottier for her assistance with a resident whose items were lost on the beach, and she thanked
Maxine Singh for all that she does and said she appreciates the entire city staff.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, June 10, 2025 – 7:00 p.m.
8
16.ADJOURNMENT
Mayor Davis adjourned the meeting at 8:47 p.m.
ATTEST: CITY OF DANIA BEACH
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
Approved:
City of Dania Beach
City Attorney Memorandum
DATE: 6/24/2025
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Eve A. Boutsis, City Attorney
SUBJECT: Modification to City of Dania Beach Logo Policy
Request:
To modify the City’s Logo Policy to clarify that once an event becomes an annual event, the
event organizer does not have to request, annually, to use the City’s Logo in advertising, fliers,
etc.
Background:
Dania Pointe runs an annual 5K event with the City’s Logo. As the City annually provides
contribution (in kind or otherwise) to the event, the event organizers should not be required to
annually request to use the City’s logo. The clarification to the Logo Policy reflects this change.
The language change to the policy would be to include the following language:
As specific events become annual activities the City participates in, the event will be considered
one of the City’s events and will not require annual approval of the use of the City’s Logo.
Budgetary Impact
None.
Recommendation
This is a policy decision for the City Commission.
RESOLUTION NO. 2025-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO.’S 2018-
031, 2018-043, AND 2025-023, RELATING TO THE CITY’S BRAND
DESIGN AND LOGO, TO CLARIFY WHEN THE LOGO CAN BE USED;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on February 27, 2018, the City Commission adopted Resolution No.
2018-031, which adopted the City’s new logo, design, seal, tagline, brand statement, brand
standards and plan; and
WHEREAS, on February 25, 2025, the Cit adopted Resolution No.: 2025-023, which
provided further clarity on the use of the City’s logo; and
WHEREAS, the City seeks to provide further clarity that once an event is approved
for use of the City logo, and after several years of continued sponsorship by the City, the City
shall consider the event an authorized event that does not require annual request for use of the
City’s logo as it will be in the City’s repertoire of sponsored events; and
WHEREAS, the City seeks to clarify the logo policy as indicated below.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "WHEREAS" clauses are true and correct, and they are
made a part of and are incorporated into this Resolution by this reference.
Section 2. That the City Commission decides who and when the City can use the Logo,
which currently includes entry-way signs, labelling on banners, uniforms, and events. All other uses
must be approved by the City Commission. The City seeks to clarify that any event that the City
sponsors or provides budgeted funds for shall be authorized to use the City’s logo. Any use of
discretionary funds of the City Commission shall provide for a request to use the City’s logo, on a
case-by-case basis. As specific events become annual activities the City participates in, the event will
be considered one of the City’s events and will not require annual approval of the use of the City’s
Logo. Additionally, should the city administration authorize media related articles to publish, the
article may contain the City’s logo (i.e. Greater Florida or Business View articles).
Section 3.That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall be effective 10 days after passage.
2 RESOLUTION #2025-______
PASSED AND ADOPTED on __________________, 2025.
Motion by __________________________, second by ___________________________.
FINAL VOTE ON ADOPTION: Unanimous ____
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
City of Dania Beach
Public Services Memorandum
DATE: 6/24/2025
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Fernando J. Rodriguez, Public Services Director
Sean Schutten, Public Services Deputy Director
SUBJECT: AUTHORIZATION TO APPROVE AN ADDENDUM TO THE MOU
BETWEEN THE CITY AND THE BROWARD SHERIFF’S OFFICE TO SERVE
AS THE LEAD AGENCY TO ADMINISTER THE FY22 JUSTICE
ASSISTANCE GRANT PROGRAM
Request:
The Public Services Department (PSD) requests a resolution authorizing the City to enter into an
addendum to the Memorandum of Understanding Agreement (MOU) between the City of Dania
Beach (City) and the Broward Sheriff’s Office (BSO) to serve as the lead agency for the FY22
Justice Assistance Grant (JAG) Program.
Background:
Several cities in Broward County apply for and receive grant funds annually from the United
States Department of Justice (DOJ) JAG Program. Under an existing MOU, BSO provides law
enforcement services to participating cities and administers the JAG Program on their behalf.
On February 28, 2023, the City Commission approved Resolution 2023-021, authorizing a sub-
agreement with Broward County for the distribution of the FY22 JAG funds to participating
agencies. As a sub-recipient, the City of Dania Beach was allocated $16,410.04. Subsequently, in
September 2023, Broward County entered a subgrant agreement authorizing BSO to serve as the
lead agency to administer the grant on behalf of Broward County. This was formalized through
an Addendum to the Subgrant Award Agreement for the FY22 JAG Program on May 15, 2024.
As the lead agency, BSO will act as the fiscal agent responsible for managing and distributing all
funds received under the FY22 JAG Program. In connection with this role, BSO requires each
participating agency to execute the 2022 Edward Byrne Justice Assistance Local Solicitation
Grant Memorandum of Understanding Agreement. The agreement is attached hereto as Exhibit
"A."
Budgetary Impact
The addendum to the MOU for the FY22 Edward Byrne Memorial Justice Assistance Grant
Program has no fiscal impact on the City.
Recommendation
PSD recommends that the City Commission adopt a resolution to approve an addendum to the
MOU between the City and BSO to serve as the lead agency to continue to administer the FY22
JAG Grants Program.
RESOLUTION NO. 2025-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN ADDENDUM TO THE MEMORANDUM OF
UNDERSTANDING AGREEMENT BETWEEN THE CITY OF DANIA BEACH
AND THE BROWARD SHERIFF’S OFFICE FOR THE FY 2022 EDWARD
BYRNE JUSTICE ASSISTANCE GRANT PROGRAM (JAG); PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach (City) is eligible to receive funding from the United
States Department of Justice (DOJ) under the FY22 Edward Byrne Memorial Justice Assistance
Grant; and
WHEREAS, on February 28, 2023, the City of Dania Beach City Commission approved
Resolution No. 2023-021 authoring a subgrant agreement with Broward County for the distribution
of FY22 JAG funds; and
WHEREAS, Broward County selected BSO through an MOU to administer the program
and to serve as the fiscal agent for the distribution of all funds received for the JAG Program; and
therefore, will be requiring the participation agencies to enter into a 2022 Edward Byrne Justice
Assistance Local Solicitation Grant Memorandum of Understanding Agreement as they will take
the lead in the administration of this grant. See attached as Exhibit, “A”.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1.That the above “Whereas” clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2.That the City Commission of the City of Dania Beach, Florida authorizes
the proper City officials to execute the addendum to the FY 2022 Edward Byrne Justice Assistance
Local Solicitation Grant Memorandum of Understanding Agreement between the City and BSO.
Section 3.That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4.That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED on __________________, 2025.
Motion by __________________________, second by ___________________________.
2 RESOLUTION #2025-______
FINAL VOTE ON ADOPTION: Unanimous ____
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE LOCAL SOLICITATION GRANT FOR FV22
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding {"MOU") is being executed by Broward County
("County") and the following participating agencies (hereinafter "Participating Agencies"):
City of Coral Springs
City of Dania Beach
Town of Davie
City of Hallandale Beach
City of North Lauderdale
City of Oakland Park
City of Plantation
City of Sunrise
City of Tamarac
City of Deerfield Beach
City of Fort Lauderdale
City of Hollywood
City of Lauderdale Lakes
City of Lauderhill
City of Miramar
City of Pembroke Pines
City of Pompano Beach
A. County has been identified as a "disparate" county, such that County is permitted
to submit a joint application for an allocation on behalf of County and the Participating Agencies.
B. The Participating Agencies have been identified as eligible jurisdictions able to
collectively implement the objectives and goals of the FY22 Edward Byrne Memorial Justice
Assistance Grant (hereinafter "JAG Grant").
C. The Participating Agencies formed a working committee and developed a course
of action to achieve the goals and objectives of the JAG Grant.
D. County has been selected, through this MOU, to apply for the JAG Grant,
administer the program, and serve as the fiscal agent for the disbursement of all funds received
for the JAG Grant.
E. This MOU establishes the relationship between the Participating Agencies relating
to the JAG Grant Award Number lSPBJA-22-GG-02086-JAGX.
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Participating Agencies agree as follows:
1. The above Recitals are true and correct and are incorporated herein by reference.
2. County's Responsibilities. County will serve as the lead agency and grant
administrator for the Participating Agencies for the JAG Grant. Pursuant to the JAG Grant
guidelines, funding for the JAG Grant will be provided to County, and County will disperse the
funds to the Participating Agencies in the amounts determined by County and submitted to the
Department of Justice ("DOJ'').
3. Application Submission. Each Participating Agency is responsible for submitting its
own application to County for the JAG Grant, including a program narrative and budget narrative.
FY22 JAG MOU Page 1 of 5
County, through its Office of Management and Budget, will submit a single application to the
DOJ.
4. Funding. If the JAG Grant is awarded, County will distribute the funds to each
Participating Agency in accordance with the JAG Grant and a separate Subgrant Award
Agreement (as described in Section 8 below). For Participating Agencies that currently contract
with the Broward Sheriff's Office ("BSO") for law enforcement services, County shall distribute
the funds to the Participating Agency, which the Participating Agency may then distribute to BSO
pursuant to any applicable contract(s) for law enforcement services.
5. The proposed award amount payable to each Participating Agency is as follows:
Participating Agency Proposed Subgrant Award Amount
City of Coral Springs $ 14,725
City of Dania Beach $ 16,410
Town of Davie $ 20,974
City of Hallandale Beach $ 15,425
City of North Lauderdale $ 17,318
City of Oakland Park $ 21,491
City of Plantation $ 16,826
City of Sunrise $ 14,829
City of Tamarac $ 13,948
Broward County $ 64,330.11 *
City of Deerfield Beach $ 25,017
City of Fort Lauderdale $ 84,567
City of Hollywood $ 35,284.05
City of Lauderdale Lakes $ 23,773
City of Lauderhill $ 45,472
City of Miramar $ 25,821
City of Pembroke Pines $ 22,762
City of Pompano Beach $ 67,742
Total Award Amount $ 546,715
*The Broward County subgrant award amount includes a 7.02% administrative fee.
6. For the FY22 JAG Grant, County will retain 7.02% ($38,379.39) of the JAG Grant
total award amount for administrative services associated with implementing the JAG Grant.
7. Term and Termination. This MOU shall commence retroactive to October 1, 2021,
and end on September 30, 2025. The continuation of this MOU is subject to the availability of
necessary funding from the JAG Grant. This MOU may be terminated upon the written consent
of all Participating Agencies.
FY22 JAG MOU Page 2 of 5
In addition, a Participating Agency may withdraw from this MOU at any time prior to
receipt of any JAG Grant funds by providing thirty (30) days written notice of its intent to
withdraw to all other Participating Agencies and County. County shall provide prompt notice to
the DOJ. Any resulting guidance provided by DOJ shall be communicated to the Participating
Agency and adhered to and carried out in a timely manner by all parties. If a Participating Agency
effectively withdraws from this MOU, County may reallocate that Participating Agency's funding
to another Participating Agency in accordance with the terms of the JAG Grant.
8. Subgrant Award Agreement. For any Participating Agency to receive the funding
specified in this MOU, the Participating Agency must enter into a Subgrant Award Agreement
between County, as the grant recipient, and the Participating Agency, as the subrecipient, in
substantially the form attached as Exhibit A.
9. Compliance with DOJ Requirements. In performing its duties, responsibilities, and
obligations pursuant to this MOU, each Participating Agency agrees to adhere to the requirement
standards set forth in the Office of Justice Programs' Financial Guide, as amended and Federal
0MB Circular A-133, as applicable, and all conditions and requirements of the JAG Grant.
10. Public Records. Each Participating Agency understands that all records created as
a result of participating in the JAG Grant may be subject to public disclosure pursuant
Section 119.07, Florida Statutes. Each Participating Agency shall be responsible for compliance
with applicable public records law regarding any public records request seeking records relating
to this MOU, including assisting County by providing the responsive records to County upon
request; each Participating Agency shall be responsible for any award of attorneys' fees or costs
for that Participating Agency's noncompliance with applicable public records law.
11. Access to Records. Each Participating Agency, its employees, and agents shall
allow access to its records concerning this MOU at reasonable times as may be requested by
County, the DOJ, the U.S. Comptroller General, or any of their duly authorized representatives.
The term "reasonable" shall be construed according to the individual facts and circumstances but
ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday
through Friday. Upon reasonable notice, the Participating Agency shall provide County with any
additional documentation, information, or reports as may be required by County.
12. Amendments. Unless expressly authorized herein, no modification, amendment,
or alteration of any portion of this MOU is effective unless contained in a written document
executed with the same or similar formality as this MOU and by duly authorized representatives
of County and each Participating Agency.
13. Counterparts and Multiple Originals. This MOU may be executed in multiple
originals, and may be executed in counterparts, whether signed physically or electronically, each
of which shall be deemed to be an original, but all of which, taken together, shall constitute one
and the same agreement.
FY22 JAG MOU Page 3 of 5
IN WITNESS WHEREOF, the Parties hereto have made and executed this MOU: BROWARD
COUNTY, through its BOARD OF COUNTY COMMISSIONERS, signing by and through its County
Administrator, authorized to execute same by Board action on the 25th day of October, 2022, and
the Participating Agencies, signing by and through representatives duly authorized to execute
same.
BROWARD COUNTY, by and through
its County Administrator
By ___________ _
Monica Cepero
__ dayof _____ _,20_
Approved as to form by
Andrew J. Meyers
Broward County Attorney
BROWARD COUNTY
115 South Andrews Avenue, Suite 423
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
By ___________ _
De' Anne A. Jackson
Assistant County Attorney
DAJ/cv
Form JAG MOU
File #615575
11/02/22
FY22 JAG MOU
(Date)
Page 4 of 5
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE LOCAL SOLICITATION GRANT FOR FY22
MEMORANDUM OF UNDERSTANDING
PARTICIPATING AGENCY
CITY OF DAN IA BEACH
ATTEST: By: ____________ _
CITY MAYOR/ CITY MANAGER
CITY CLERK Print Name
__ dayof ___ __,20_
I HEREBY CERTIFY that I have approved this
MOU as to form and legal sufficiency subject
to execution by the parties:
City Attorney
FY22 JAG MOU Page 5 of 5
Page | 1
BROWARD COUNTY STANDARD SUBGRANT AWARD AGREEMENT
This Broward County Standard Subgrant Award Agreement (“Subgrant Award
Agreement”) is made and entered into by and between Broward County, a political subdivision
of the State of Florida (“County”), and City of Dania Beach, a political subdivision of the State of
Florida (“Subrecipient”). County and Subrecipient are individually referred to as a “Party” and
collectively as the “Parties.”
Recitals
A. County has received a grant award from the Awarding Agency and in the amount
specified in the Subgrant Award Details, pursuant to the grant attached as Exhibit A (“Grant”).
B. The Grant permits County to distribute Grant funds to third parties that will
implement the Grant as described in the Program Narrative attached as Exhibit B.
C. Subrecipient desires to accept a subgrant from County of funds awarded under
the Grant, which shall be utilized by Subrecipient in accordance with the Grant and this Subgrant
Award Agreement.
For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. Recitals. The recitals stated above are true and correct and are incorporated herein by
reference.
2. Standard Subgrant Award Terms and Conditions. By signing this Subgrant Award
Agreement, Subrecipient represents that it has read the Grant (Exhibit A) and County’s Standard
Subgrant Award Terms and Conditions (“Subgrant Award Terms”) (available online at
http://www.broward.org/GrantTerms) and understands all obligations and requirements of the
Grant. The Subgrant Award Terms are incorporated herein as if fully set forth in this Subgrant
Award Agreement.
3. Subgrant Award. Subrecipient will implement the program(s) described in Subrecipient’s
Program Narrative (Exhibit B) in accordance with this Subgrant Award Agreement and will comply
with the provisions stated in the Subgrant Award Details in Section 8. In consideration for
Subrecipient’s performance and compliance with this Subgrant Award Agreement, including the
Subgrant Award Terms and the Subgrant Award Details, County will provide the Subgrant Award
Amount stated in the Subgrant Award Details.
4. Funding. The maximum amount payable to Subrecipient under this Subgrant Award
Agreement is the Subgrant Award Amount specified in the Subgrant Award Details and more
specifically described in the Subgrant Program Budget attached as Exhibit C. Subrecipient shall
Page | 2
invoice County in accordance with the Invoicing Schedule stated in the Subgrant Award Details.
5. Modifications. Subrecipient must submit any proposed modifications to the Program
Narrative or the Subgrant Program Budget in writing to County for approval. Subrecipient may
not deviate from the Program Narrative or Subgrant Program Budget without prior approval from
County (and from the Awarding Agency, if required by the Grant).
6. Reporting Obligations. Subrecipient represents and certifies it has reviewed the
requirements in the Grant, the Subgrant Award Details, and the Subgrant Award Terms regarding
the documentation, reports, and other information that must be provided by Subrecipient to
County (collectively, “Reporting Obligations”). Subrecipient shall strictly comply with all
Reporting Obligations, including time being of the essence.
7. Term. The duration of this Subgrant Award Agreement (“Term”) shall be the Project
Period stated in the Subgrant Award Details, as may be extended by the Awarding Agency.
8. Subgrant Award Details
Grant Program Title BJA FY 22 Edward Byrne Memorial Justice Assistance Grant
Program - Local Solicitation
Federal Award Identification
Number (“FAIN”)
15PBJA-22-GG-02086-JAGX
Subrecipient’s Unique Entity Identifier
U56KXBHZUBK9
Federal Award Date to County September 22, 2022
Grant Award amount to County $546,715.00
Subgrant Award Amount $17,649
Amount or percentage of
Subgrant Award retained by
County for administrative
expenses
7.02%
Total amount of Grant Funds
committed to Subrecipient by
County
$16,410.04
Is any portion of the Grant
federally funded? (if yes,
Subrecipient must comply with
federal requirements in the
Subgrant Award Terms)
☐No
☒Yes: Amount: $546,715.00
Awarding Agency: U.S. Department of
Justice, Office of Justice Programs, Bureau of
Justice Assistance
Insurance (only applicable if box is
checked).
☐If checked, Subrecipient must maintain insurance
coverages in the types and amounts shown in Exhibit D
for the duration of the Term.
Page | 3
Is this award for research &
development? ☒No ☐Yes
Assistance Listings number
(the federal program that
provided the Grant)
16.738 Edward Byrne Memorial Justice Assistance Grant
Program
Subgrant period of performance
start and end date (“Project
Period”)
October 1, 2021 – September 30, 2025
Subrecipient Invoicing Schedule Subrecipient must submit invoices for reimbursement no
more than once per month and within fifteen (15) days
after the end of the month when Services were performed.
A final invoice must be submitted within thirty (30) days
after the expiration or earlier termination of this
Agreement.
Subrecipient’s address and
contact information for Notices
and payment
Ana M. Garcia, ICMA-CM
City Manager
City Manager's Office
100 W. Dania Beach Blvd
Dania Beach, Florida 33004
954-924-6808
agarcia@daniabeachfl.gov
Performance Report requirements Semi-annual
Additional/Subgrant Award
Program Guidelines (if any)
DOJ Award Conditions attached as Exhibit A, including the
applicable DOJ Financial Guidelines.
Subgrant Program Description and Scope of Services Summary
Dania Beach will utilize awarded JAG Funds for overtime expenses related to a conveyance and
business burglary prevention initiative. These funds will allow the Dania Beach to conduct
plainclothes and unmarked surveillance in locations that are experiencing an increase in the above
crimes. These locations will be identified through our regional crime analyst who will provide
current data regarding times, dates and location of crimes. Deputies and Detectives will be
deployed in these areas in an attempt to apprehend suspects who are responsible for committing
these offenses. Deputies and Detectives will also meet with business owners throughout Dania
Beach and conduct CPTED (Crime Prevention Through Environmental Design) surveys.
Additional Subgrant Award Terms (if any)
Subrecipient must submit all invoices and Reporting Obligations as specified in the Subgrant
Award Terms unless otherwise indicated by County in writing.
Page | 4
IN WITNESS WHEREOF, the Parties hereto have made and executed this Subgrant Award
Agreement: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS, signing by
and through its County Administrator, authorized to execute same by Board action on the 25th
day of October, 2022, and City of Dania Beach, signing by and through its representative,
duly authorized to execute same.
COUNTY
BROWARD COUNTY, by and through
its County Administrator
By:
Monica Cepero
day of , 20
Approved as to form by
Andrew J. Meyers
Broward County Attorney
115 South Andrews Avenue, Suite 423
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
By
De’Anne A. Jackson (Date)
Assistant County Attorney
DAJ/cv
FY22 Dania Beach
File #615597
11/02/22
BROWARD COUNTY STANDARD SUBGRANT AWARD AGREEMENT
SUBRECIPIENT
CITY OF DANIA BEACH
ATTEST: By:
CITY MAYOR / CITY MANAGER
_______________________________
CITY CLERK Print Name
_____ day of __________, 20___
I HEREBY CERTIFY that I have approved this
MOU as to form and legal sufficiency subject
to execution by the parties:
City Attorney
Page | 5
9/23/22, 9:33 AM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=PrintWork&Prompt=fal…1/21
September 22, 2022
Dear Monica Cepero,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of JusticePrograms (OJP) has approved the application submitted by BROWARD, COUNTY OF for an award underthe funding opportunity entitled 2022 BJA FY 22 Edward Byrne Memorial Justice Assistance Grant Program -Local Solicitation. The approved award amount is $546,715.
Review the Award Instrument below carefully and familiarize yourself with all conditions and requirementsbefore accepting your award. The Award Instrument includes the Award Offer (Award Information, ProjectInformation, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office andOVW funding the Award Offer also includes any Other Award Documents.
Please note that award requirements include not only the conditions and limitations set forth in the AwardOffer, but also compliance with assurances and certifications that relate to conduct during the period ofperformance for the award. These requirements encompass financial, administrative, and programmaticmatters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staffshould receive the award conditions, the assurances and certifications, and the application as approvedby OJP, so that they understand the award requirements. Information on all pertinent award requirementsalso must be provided to any subrecipient of the award.
Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriateremedies for non-compliance, which may include termination of the award and/or a requirement to repayaward funds.
Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant AwardAdministrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The EntityAdministrator will need to ensure the assigned Authorized Representative(s) is current and has the legalauthority to accept awards and bind the entity to the award terms and conditions. To accept the award, theAuthorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System(JustGrants), including by executing the required declaration and certification, within 45 days from the awarddate.
To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP)system, if you haven’t already completed the enrollment process in ASAP. The Entity Administrator shouldhave already received an email from ASAP to initiate this process.
Congratulations, and we look forward to working with you.
Maureen Henneberg Deputy Assistant Attorney General
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice(DOJ) has been delegated the responsibility for ensuring that recipients of federal financialassistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Officeon Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Severalfederal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the
Award Letter
EXHIBIT A
9/23/22, 9:33 AM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=PrintWork&Prompt=fal…2/21
Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances thatthey will comply with those laws. Taken together, these civil rights laws prohibit recipients of federalfinancial assistance from DOJ from discriminating in services and employment because of race,color, national origin, religion, disability, sex, and, for grants authorized under the Violence AgainstWomen Act, sexual orientation and gender identity. Recipients are also prohibited fromdiscriminating in services because of age. For a complete review of these civil rights laws andnondiscrimination requirements, in connection with DOJ awards, seehttps://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm.
Under the delegation of authority, the OCR investigates allegations of discrimination againstrecipients from individuals, entities, or groups. In addition, the OCR conducts limited compliancereviews and audits based on regulatory criteria. These reviews and audits permit the OCR toevaluate whether recipients of financial assistance from the Department are providing services in anon discriminatory manner to their service population or have employment practices that meet equal-opportunity standards.
If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or theJuvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justicesystem, there are two additional obligations that may apply in connection with the awards: (1)complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2)submitting findings of discrimination to OCR. For additional information regarding the EEOPrequirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirementswhen there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5).
The OCR is available to help you and your organization meet the civil rights requirements that areassociated with DOJ grant funding. If you would like the OCR to assist you in fulfilling yourorganization's civil rights or nondiscrimination responsibilities as a recipient of federal financialassistance, please do not hesitate to contact the OCR at askOCR@ojp.usdoj.gov.
Memorandum Regarding NEPA
NEPA Letter Type
OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages
NEPA Letter
The Edward Byrne Memorial Jus ce Assistance Grant Program (JAG) allows states and local governments
to support a broad range of ac vi es to prevent and control crime and to improve the criminal jus ce
system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA
in complying with NEPA and other related federal environmental impact analyses requirements in the
use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party.
Accordingly, prior to obliga ng funds for any of the specified ac vi es, the grantee must first determine
if any of the specified ac vi es will be funded by the grant.
The specified ac vi es requiring environmental analysis are:
a. New construc on;
b. Any renova on or remodeling of a property located in an environmentally or historically sensi ve
area, including proper es located within a 100-year flood plain, a wetland, or habitat for endangered
species, or a property listed on or eligible for lis ng on the Na onal Register of Historic Places;
c.A renova on, lease, or any proposed use of a building or facility that will either (a) result in a change
in its basic prior use or (b) significantly change its size;
d.Implementa on of a new program involving the use of chemicals other than chemicals that are (a)
purchased as an incidental component of a funded ac vity and (b) tradi onally used, for example, in
EXHIBIT A
9/23/22, 9:33 AM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=PrintWork&Prompt=fal…3/21
office, household, recrea onal, or educa on environments; and
e. Implementa on of a program rela ng to clandes ne methamphetamine laboratory opera ons,
including the iden fica on, seizure, or closure of clandes ne methamphetamine laboratories.
Complying with NEPA may require the prepara on of an Environmental Assessment and/or an
Environmental Impact Statement, as directed by BJA. Further, for programs rela ng to
methamphetamine laboratory opera ons, the prepara on of a detailed Mi ga on Plan will be required.
For more informa on about Mi ga on Plan requirements, please see
https://www.bja.gov/Funding/nepa.html.
NEPA Coordinator
First Name
Orbin
Middle Name
——
Last Name
Terry
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Recipient Name
BROWARD, COUNTY OF
UEI
P62KF2SJJ237
Street 1
115 S ANDREWS AVE RM 409
Street 2
City
FORT LAUDERDALE
State/U.S. Territory
Florida
Zip/Postal Code
33301
Country
United States
County/Parish Province
Award Information
Recipient Information
EXHIBIT A
9/23/22, 9:33 AM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=PrintWork&Prompt=fal…4/21
————
Federal Award Date
9/22/22
Award Type
Initial
Award Number
15PBJA-22-GG-02086-JAGX
Supplement Number
00
Federal Award Amount
$546,715.00
Funding Instrument Type
Grant
16.738 Edward Byrne Memorial Justice Assistance Grant Program
Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 of
part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a)
I have read and understand the information presented in this section of the Federal Award Instrument.
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Solicitation Title
2022 BJA FY 22 Edward Byrne Memorial
Justice Assistance Grant Program - Local
Solicitation
Awarding Agency
OJP
Program Office
BJA
Award Details
Assistance Listing Number Assistance Listings Program Title
Statutory Authority
Project Information
EXHIBIT A
9/23/22, 9:33 AM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=PrintWork&Prompt=fal…5/21
Application Number
GRANT13688927
Grant Manager Name
Tamaro White
Phone Number
202-597-7548
E-mail Address
Tamaro.White@usdoj.gov
Project Title
Broward County/Broward Sheriff's Office 2022 JAG Project
Performance Period Start
Date
10/01/2021
Performance Period End
Date
09/30/2025
Budget Period Start Date
10/01/2021
Budget Period End Date
09/30/2025
Project Description
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows units of local
government, including tribes, to support a broad range of activities to prevent and control crime
based on their own state and local needs and conditions. Grant funds can be used for state and
local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support,
and information systems for criminal justice or civil proceedings, including for any one or more of
the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3)
prevention and education programs; 4) corrections and community corrections programs; 5) drug
treatment and enforcement programs; 6) planning, evaluation, and technology improvement
programs; 7) crime victim and witness programs (other than compensation); 8) mental health
programs and related law enforcement and corrections programs, including behavioral programs
and crisis intervention teams; and 9) implementation of state crisis intervention court proceedings
and related programs or initiatives, including but not limited to: mental health courts; drug courts;
veterans courts; and extreme risk protection order programs.
I have read and understand the information presented in this section of the Federal Award Instrument.
EXHIBIT A
9/23/22, 9:33 AM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=PrintWork&Prompt=fal…6/21
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
I have read and understand the information presented in this section of the Federal Award Instrument.
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions onthe use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including fromvarious "general provisions" in the Consolidated Appropriations Act, 2022, are set out athttps://www.ojp.gov/funding/Explore/FY22AppropriationsRestrictions.htm, and are incorporated by referencehere.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient)would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP forguidance, and may not proceed without the express prior written approval of OJP.
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, asadopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements")apply to this FY 2022 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022award supplements funds previously awarded by OJP under the same award number (e.g., funds awardedduring or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds underthat award number (regardless of the award date, and regardless of whether derived from the initial awardor a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awardsand subawards ("subgrants"), see the OJP website athttps://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of thefinal expenditure report (SF 425), unless a different retention period applies -- and to which the recipient(and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurementinformation, in addition to the financial records, supporting documents, statistical records, and other
Financial Information
Award Conditions
1
2
EXHIBIT A
9/23/22, 9:33 AM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=PrintWork&Prompt=fal…7/21
pertinent records indicated at 2 C.F.R. 200.334.
In the event that an award-related question arises from documents or other materials prepared or distributedby OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 UniformRequirements, the recipient is to contact OJP promptly for clarification.
Requirement to report actual or imminent breach of personally identifiable information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in theevent of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses,processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information(PII)" (2 CFR 200.1) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a"Federal information system" (OMB Circular A-130). The recipient's breach procedures must include arequirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hoursafter an occurrence of an actual breach, or the detection of an imminent breach.
OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier --develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Granteesand Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees.
Required training for Grant Award Administrator and Financial Manager
The Grant Award Administrator and all Financial Managers for this award must have successfully completedan "OJP financial management and grant administration training" by 120 days after the date of therecipient's acceptance of the award. Successful completion of such a training on or after October 15, 2020,will satisfy this condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award changes duringthe period of performance, the new Grant Award Administrator or Financial Manager must have successfullycompleted an "OJP financial management and grant administration training" by 120 calendar days after thedate the Entity Administrator enters updated Grant Award Administrator or Financial Manager information inJustGrants. Successful completion of such a training on or after January 1, 2020, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training"for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfythis condition include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient failsto comply with this condition. The recipient's failure to comply also may lead OJP to impose additionalappropriate conditions on this award.
Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) maywithhold award funds, or may impose other related requirements, if (as determined by the DOJ awardingagency) the recipient does not satisfactorily and promptly address outstanding issues from audits requiredby the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arisein connection with audits, investigations, or reviews of DOJ awards.
3
4
5
6
EXHIBIT A
9/23/22, 9:33 AM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=PrintWork&Prompt=fal…8/21
Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any assurances orcertifications submitted by or on behalf of the recipient that relate to conduct during the period ofperformance also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determinethat it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award.Any such exceptions regarding enforcement, including any such exceptions made during the period ofperformance, are (or will be during the period of performance) set out through the Office of Justice Programs("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions"(ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts allmaterial requirements of the award, and specifically adopts, as if personally executed by the authorizedrecipient official, all assurances or certifications submitted by or on behalf of the recipient that relate toconduct during the period of performance.
Failure to comply with one or more award requirements -- whether a condition set out in full below, acondition incorporated by reference below, or an assurance or certification related to conduct during theaward period -- may result in OJP taking appropriate action with respect to the recipient and the award.Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award.DOJ, including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (orconcealment or omission of a material fact) may be the subject of criminal prosecution (including under 18U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penaltiesand administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, thatprovision shall first be applied with a limited construction so as to give it the maximum effect permitted bylaw. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall bedeemed severable from this award.
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirementsof 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicablerequirements regarding written notice to program beneficiaries and prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discriminationon the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participatein a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient andsubrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well asrules and requirements that pertain to recipients and subrecipients that are faith-based or religiousorganizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currentlyaccessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-JudicialAdministration, Chapter 1, Part 38, under e-CFR "current" data.
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42
7
8
9
EXHIBIT A
9/23/22, 9:33 AM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=PrintWork&Prompt=fal…9/21
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirementsof 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42that relate to an equal employment opportunity program.
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirementsof 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisionsof 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances,discrimination against an employee as reprisal for the employee's disclosure of information related to grossmismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federalgrant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulationrelated to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of theworkforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipientis to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings,trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws,regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reportingrequirements, where applicable) governing the use of federal funds for expenses related to conferences (asthat term is defined by DOJ), including the provision of food and/or beverages at such conferences, andcosts of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears inthe DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ GrantsFinancial Guide").
Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of work underthis award. The data must be provided to OJP in the manner (including within the timeframes) specified byOJP in the program solicitation or other applicable written guidance. Data collection supports compliancewith the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, andother applicable laws.
Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de
10
11
12
13
14
EXHIBIT A
9/23/22, 9:33 AM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=PrintWork&Prompt=fa…10/21
minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirectcost rate, must advise OJP in writing of both its eligibility and its election, and must comply with allassociated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied onlyto modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
Determination of suitability to interact with participating minors
SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approvedby DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), oran associated federal statute -- that a purpose of some or all of the activities to be carried out under theaward (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 yearsof age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certainindividuals may interact with participating minors. This requirement applies regardless of an individual'semployment status.
The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals whomay interact with participating minors), and are incorporated by reference here.
Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agencyoutside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at anytime during the course of the period of performance under this award, the recipient must disclose that factand certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposesof this disclosure, high risk includes any status under which a federal awarding agency provides additionaloversight due to the recipient's past performance, or other programmatic or financial concerns with therecipient. The recipient's disclosure must include the following: 1. The federal awarding agency thatcurrently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. Thereasons for the high-risk status, as set out by the federal awarding agency.
Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJPwebsite (currently, the "DOJ Grants Financial Guide" available athttps://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during theperiod of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.
Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adoptand enforce policies banning employees from text messaging while driving any vehicle during the course ofperforming work funded by this award, and to establish workplace safety policies and conduct education,awareness, and other outreach to decrease crashes caused by distracted drivers.
15
16
17
18
19
EXHIBIT A
9/23/22, 9:33 AM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=PrintWork&Prompt=fa…11/21
Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding
agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is
designated as "high-risk" for purposes of the DOJ high-risk grantee list.
Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must--
A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded
(in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment
eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in
activities under this award of both--
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the
United States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the
award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C.
1324a(a)(1).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements),
maintain records of all employment eligibility verifications pertinent to compliance with this award condition
in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications
and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be
obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure
compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically
includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will
be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with
award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility,
the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov),
provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify
(and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a
"Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States
that is or will be funded (in whole or in part) with award funds.
20
EXHIBIT A
9/23/22, 9:33 AM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=PrintWork&Prompt=fa…12/21
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of theUnited States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at anytier, or any person or other entity, to violate any federal law, including any applicable civil rights ornondiscrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, anysubrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verifywebsite (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents canemail E-Verify at E-VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to OJP, before awardacceptance.
Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contractor subcontract with any funds under this award, may require any employee or contractor to sign an internalconfidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict,the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcementrepresentative of a federal department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravenerequirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (whichrelates to sensitive compartmented information), or any other form issued by a federal department or agencygoverning the nondisclosure of classified information.
1.In accepting this award, the recipient--
a.represents that it neither requires nor has required internal confidentiality agreements or statements fromemployees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit orrestrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
b.certifies that, if it learns or is notified that it is or has been requiring its employees or contractors toexecute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict),reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations ofaward funds, will provide prompt written notification to the federal agency making this award, and willresume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
2.If the recipient does or is authorized under this award to make subawards ("subgrants"), procurementcontracts, or both--
a.it represents that--
(1)it has determined that no other entity that the recipient's application proposes may or will receive awardfunds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurementcontract) either requires or has required internal confidentiality agreements or statements from employees orcontractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employeesor contractors from reporting waste, fraud, or abuse as described above; and
(2)it has made appropriate inquiry, or otherwise has an adequate factual basis, to support thisrepresentation; and
b.it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that
21
EXHIBIT A
9/23/22, 9:33 AM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=PrintWork&Prompt=fa…13/21
receives funds under this award is or has been requiring its employees or contractors to executeagreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting ofwaste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds toor by that entity, will provide prompt written notification to the federal agency making this award, and willresume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were
editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law
Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards
(that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42
of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has
been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision
as reclassified to Title 34. This rule of construction specifically includes references set out in award
conditions, references set out in material incorporated by reference through award conditions, and
references set out in other award requirements.
All subawards ("subgrants") must have specific federal authorization
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements
for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants
administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement
"contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at
https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants")
must have specific federal authorization), and are incorporated by reference here.
Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management
(SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding
registration with SAM, as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier
subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and
provide (to the recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the
OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management
(SAM) and Universal Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e.,
unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or
22
23
24
25
EXHIBIT A
9/23/22, 9:33 AM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=PrintWork&Prompt=fa…14/21
any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment,repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C.1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities thatotherwise would be barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, orany subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, aMember of Congress, or Congress (or an official or employee of any of them) with respect to the awarding ofa federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actionssuch as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to thislaw apply, including an exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient)would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, andmay not proceed without the express prior written approval of OJP.
Specific post-award approval required to use a noncompetitive approach in any procurement contract that
would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements
to obtain specific advance approval to use a noncompetitive approach in any procurement contract that
would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to
agreements that -- for purposes of federal grants administrative requirements -- OJP considers a
procurement "contract" (and therefore does not consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement
contract under an OJP award are posted on the OJP web site at
https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award
approval required to use a noncompetitive approach in a procurement contract (if contract would exceed
$250,000)), and are incorporated by reference here.
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting
requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements
(including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of
persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for
purposes of this condition) as "employees" of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are
posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award
condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including
reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award
of federal funds during the period of performance for this award, the recipient promptly must determine
whether funds from any of those other federal awards have been, are being, or are to be used (in whole or
in part) for one or more of the identical cost items for which funds are provided under this award. If so, the
recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the
potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or
26
27
28
EXHIBIT A
9/23/22, 9:33 AM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=PrintWork&Prompt=fa…15/21
change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication offunding.
Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the
Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor,
subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that
violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict
of interest, bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be
reported to the OIG by--(1) online submission accessible via the OIG webpage at
https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S.
Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting,
950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG
Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of
$30,000 or more and, in certain circumstances, to report the names and total compensation of the five most
highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award
funds. The details of recipient obligations, which derive from the Federal Funding Accountability and
Transparency Act of 2006 (FFATA), are posted on the OJP web site at
https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive
Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or
(2) an award made to an individual who received the award as a natural person (i.e., unrelated to any
business or non-profit organization that he or she may own or operate in his or her name).
The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to
cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews,
enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO
all documentation necessary to complete monitoring tasks, including documentation related to any
subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by
BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant
monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited
to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the
Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination
of an award(s).
Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes,
regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable
conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of
subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds
by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and
procedures for monitoring of subawards under this award.
29
30
31
32
EXHIBIT A
9/23/22, 9:33 AM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=PrintWork&Prompt=fa…16/21
Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the
provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be
reported on the quarterly Federal Financial Report, SF 425.
Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information
Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the
Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ /
it.ojp.gov/ gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned
approaches to information sharing and describe compliance with the GSP and appropriate privacy policy
that protects shared information, or provide detailed justification for why an alternative approach is
recommended.
Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement
information sharing systems which involve interstate connectivity between jurisdictions, such systems shall
employ, to the extent possible, existing networks as the communication backbone to achieve interstate
connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not
be cost effective or would impair the functionality of an existing or proposed IT system.
Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the
recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence
Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28
C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the
regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C.
10231(c)-(d). The recipient may not satisfy such a fine with federal funds.
Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and
all OJP policies and procedures regarding the protection of human research subjects, including obtainment
of Institutional Review Board approval, if appropriate, and subject informed consent.
Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34
U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or
information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate
that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.
33
34
35
36
37
38
EXHIBIT A
9/23/22, 9:33 AM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=PrintWork&Prompt=fa…17/21
The award recipient agrees to participate in a data collection process measuring program outputs and
outcomes. The data elements for this process will be outlined by the Office of Justice Programs.
The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or datacollection requests, including, but not limited to, the provision of any information required for the assessmentor evaluation of any activities within this project.
Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force funded withaward funds who is a task force commander, agency executive, task force officer, or other task forcemember of equivalent rank, must complete required online (internet-based) task force training. Additionally,all future task force members must complete this training once during the period of performance for thisaward, or once every four years if multiple OJP awards include this requirement.
The required training is available free of charge online through the BJA-funded Center for Task ForceIntegrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as otherkey issues including privacy and civil liberties/rights, task force performance measurement, personnelselection, and task force oversight and accountability. If award funds are used to support a task force, therecipient must compile and maintain a task force personnel roster, along with course completion certificates.
Additional information regarding the training is available through BJA's web site and the Center for TaskForce Integrity and Leadership (www.ctfli.org).
Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. Adetailed justification must be submitted to and approved by the OJP program office prior to obligation orexpenditure of such funds.
The recipient understands that, in accepting this award, the Authorized Representative declares andcertifies, among other things, that he or she possesses the requisite legal authority to accept the award onbehalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate toconduct throughout the period of performance under this award. The recipient further understands, andagrees, that it will not assign anyone to the role of Authorized Representative during the period ofperformance under the award without first ensuring that the individual has the requisite legal authority.
Compliance with National Environmental Policy Act and related statutes
Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the NationalEnvironmental Policy Act (NEPA), the National Historic Preservation Act, and other related federalenvironmental impact analyses requirements in the use of these award funds, either directly by the recipientor by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities willbe funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the
39
40
41
42
43
44
EXHIBIT A
9/23/22, 9:33 AM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=PrintWork&Prompt=fa…18/21
following activities will be funded by the award, the recipient agrees to contact BJA.
The recipient understands that this condition applies to new activities as set out below, whether or not theyare being specifically funded with these award funds. That is, as long as the activity is being conducted bythe recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use theseaward funds, this condition must first be met. The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area,including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or aproperty listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in itsbasic prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a)purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office,household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, includingthe identification, seizure, or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of anEnvironmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipientfurther understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed athttps://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or itssubrecipients' existing programs or activities that will be funded by these award funds, the recipient, uponspecific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or programenvironmental assessment of that funded program or activity.
Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to asubaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintainadvance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expensesincurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance GrantProgram (JAG). The recipient also agrees to obligate the award funds in the trust fund (including anyinterest earned) during the period of performance for the award and expend within 90 days thereafter. Anyunobligated or unexpended funds, including interest earned, must be returned to OJP at the time ofcloseout.
All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425). Additionally,State JAG and Local JAG Category Two ($25K or more) must submit semi-annual performance reportsthrough JustGrants and Local JAG Category One (Less than $25K) must submit annual performancereports through JustGrants. Consistent with the Department's responsibilities under the GovernmentPerformance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must providedata that measure the results of its work. The recipient must submit quarterly performance metrics reportsthrough BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For moredetailed information on reporting and other JAG requirements, refer to the JAG reporting requirementswebpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grantfunds and future High Risk designation.
45
46
EXHIBIT A
9/23/22, 9:33 AM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=PrintWork&Prompt=fa…19/21
Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submitquarterly accountability metrics data related to training that officers have received on the use of force, racialand ethnic bias, de-escalation of conflict, and constructive engagement with the public.
Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG programstatute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigentcircumstances exist, making such expenditures essential to the maintenance of public safety and goodorder.
Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or afterOctober 1, 2021
The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of theaward. As of the first day of the period of performance for the award (October 1, 2021), however, therecipient may choose to incur project costs using non-federal funds, but any such project costs are incurredat the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2)all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (Awithholding condition is a condition in the award document that precludes the recipient from obligating,expending, or drawing down all or a portion of the award funds until the condition is removed.)
Except to the extent (if any) that an award condition expressly precludes reimbursement of project costsincurred "at-risk," if and when the recipient makes a valid acceptance of this award and OJP removes eachapplicable withholding condition through an Award Condition Modification (ACM), the recipient is authorizedto obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during theperiod of performance (such as project costs incurred prior to award acceptance or prior to removal of anapplicable withholding condition), provided that those project costs otherwise are allowable costs under theaward.
If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must beuploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by agovernment DNA laboratory with access to CODIS. No profiles generated under this award may be enteredor uploaded into any non-governmental DNA database without prior express written approval from BJA.Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNAprofiles may be accepted for entry into CODIS. Booking agencies should work with their state CODISagency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA BookingOperational Procedures Manual).
Load More
I have read and understand the information presented in this section of the Federal Award Instrument.
47
48
49
50
EXHIBIT A
9/23/22, 9:33 AM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=PrintWork&Prompt=fa…20/21
Declaration and Certification to the U.S. Department of Justice as to Acceptance
By checking the declaration and certification box below, I--
A.Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I haveauthority to make this declaration and certification on behalf of the applicant.
B.Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best ofmy knowledge and belief, that the following are true as of the date of this award acceptance: (1)I have conducted or there was conducted (including by applicant’s legal counsel as appropriateand made available to me) a diligent review of all terms and conditions of, and all supportingmaterials submitted in connection with, this award, including any assurances and certifications(including anything submitted in connection therewith by a person on behalf of the applicantbefore, after, or at the time of the application submission and any materials that accompany thisacceptance and certification); and (2) I have the legal authority to accept this award on behalf ofthe applicant.
C.Accept this award on behalf of the applicant.
D.Declare the following to DOJ, under penalty of perjury, on behalf of myself and theapplicant: (1) I understand that, in taking (or not taking) any action pursuant to this declarationand certification, DOJ will rely upon this declaration and certification as a materialrepresentation; and (2) I understand that any materially false, fictitious, or fraudulent informationor statement in this declaration and certification (or concealment or omission of a material factas to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant tocivil penalties and administrative remedies under the federal False Claims Act (including under31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise.
Title of Approving Official
Deputy Assistant Attorney
General
Name of Approving Official
Maureen Henneberg
Signed Date And Time
9/18/22 3:44 PM
Title of Authorized Entity Official
County Administrator
Signed Date And Time
——
Award Acceptance
Agency Approval
Authorized Representative
Entity Acceptance
EXHIBIT A
9/23/22, 9:33 AM Funded Award
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=PrintWork&Prompt=fa…21/21
EXHIBIT A
Exhibit B
Program Narrative
AGENCY: City of Dania Beach
PROJECT NAME: Conveyance and Business Burglary Prevention Initiative
PROJECT ABSTRACT
Dania Beach will utilize awarded JAG Funds for overtime expenses related to a conveyance and
business burglary prevention initiative. These funds will allow the Dania Beach to conduct
plainclothes and unmarked surveillance in locations that are experiencing an increase in the above
crimes. These locations will be identified through our regional crime analyst who will provide
current data regarding times, dates and location of crimes. Deputies and Detectives will be
deployed in these areas in an attempt to apprehend suspects who are responsible for committing
these offenses. Deputies and Detectives will also meet with business owners throughout Dania
Beach and conduct CPTED (Crime Prevention Through Environmental Design) surveys. These
surveys will assist in identifying ways to improve the security of facilities and parking lots.
GOALS:
-To reduce the amount of conveyance and business burglaries and apprehend those responsible.
-To monitor known offenders and reduce the likelihood of them committing more crimes.
-Support the retention of the regional crime analyst.
OBJECTIVES/STRATEGIES:
-Conduct surveillance on locations that have experienced an increase in conveyance and
business burglaries.
-Meet with business owners and conduct CPTED surveys of their property in order to “Target
harden” facilities and parking lots.
IDENTIFIERS:
-Conveyance Burglaries -Business Burglaries -Repeat Offender
PROJECT NARRATIVE:
STATEMENT OF THE PROBLEM: (Description of the Issue)
Currently, the City of Dania Beach is the home to numerous construction projects such as several
EXHIBIT B
hotels, a casino, roadway improvements, and beach revitalization. Also, the Dania Pointe project
which is a 102 acre of premier development with almost 1 million square feet of retail and
restaurants in addition to offices, hotels, luxury apartments and public entertainment venues.
The city has various main thoroughfares running through and around it such as; State Road 7, I-
95, I-595, State Road 84, Federal Highway and Florida’s Turnpike. Dania Beach also borders Fort
Lauderdale International Airport and Port Everglades. This causes large amounts of vehicular
traffic and vacationers to pass through or lodge in the city. During Dania Beach’s growth, there
has been an increase in conveyance and business burglaries. In 2021 (January thru mid-July) there
have been a total of 135 conveyance burglaries reported. In 2021 (January thru mid-July) there
have been a total of 25 business burglaries reported. A majority of the cases stem from the
numerous parking lots and commercial areas located within the city.
PROJECT DESIGN AND IMPLEMENTATION:
The Conveyance and Business Burglary Prevention Initiative is designed to conduct surveillance
on locations that have experienced an increase in conveyance and business burglaries. In addition,
law enforcement officers will meet with business owners and conduct CPTED surveys of their
property in order to “Target harden” facilities and parking lots.
Covert surveillance will be conducted by assigned personnel at locations determined by the data
provided by the Regional Crime Analyst. All activity (Field interviews, citations and arrests) will
be documented by each employee on an end of shift report. Any suspects detained will be
interviewed/debriefed by a detective. Assigned personnel will meet with surrounding
jurisdictions to discuss crime trends and possible suspects.
Law Enforcement will conduct covert surveillance by assigned personnel at locations determined
by the data provided by the Regional Crime Analyst. All activity will be routed via Computer aided
Data (CAD) dispatch (calls for service), Event Reports, Field Interviews, Citations and Arrests will
be documented by each employee on an end of shift report. Any suspects detained will be
interviewed/debriefed by a detective. Assigned personnel will meet with surrounding
jurisdictions to discuss crime trends and possible suspects.
CAPABILITIES and COMPETENCIES:
All assigned personnel will be or have been trained to conduct covert surveillance along with
CPTED Practitioners who have been certified to conduct security surveys to “Target harden”
identified locations.
PLAN for COLLECTING the DATA:
All grant activities will be documented by law enforcement officers and the City of Dania Beach
will provide quarterly programmatic reports Broward County to submit through BJA’s
EXHIBIT B
Performance Measures Platform.
DISCLOSURE OF PENDING APPLICATIONS:
The city of Dania Beach does not have pending applications submitted within the last 12 months
for federally funded assistance that include requests for funding to support the same project
being proposed under this solicitation and will cover the identical cost items outlined in the
budget narrative and worksheet in the application under this solicitation.
DISCLOSURE OF HIGH-RISK STATUS:
The city of Dania Beach is not identified as a “High Risk Status” in accordance with grant
guidelines.
DISCLOSURE of LOBBYING:
The city of Dania Beach is not or has not been involved in lobbying.
LOCAL GOVERNING BODY REVIEW:
The city of Dania Beach will forward proof that this application will be reviewed by its
Commission.
EXHIBIT B
EXHIBIT C
Subgrant Program Budget
AGENCY: City of Dania Beach
PROJECT NAME: Conveyance and Business Burglary Prevention Initiative Federal award identification number - 15PBJA-22-GG-02086-JAGX
Budgets may be modified subject to the approval of the United States Department of Justice
BUDGET SUMMARY
A.PERSONNEL $ -
B. FRINGE BENEFITS $ -
C.TRAVEL $ -
D.EQUIPMENT $ -
E.SUPPLIES $ -
F. CONSTRUCTION $ -
G.CONSULTANTS/CONTRACTS $ 16,410.04
H.OTHER $ -
I. INDIRECT COST $ -
TOTAL PROJECT COST $ 16,410.04
Broward County Standard Subgrant Award Terms and Conditions Page 1 of 13
BROWARD COUNTY STANDARD SUBGRANT AWARD TERMS AND CONDITIONS
These Standard Subgrant Award Terms and Conditions (“Subgrant Award Terms”) state
the terms for subgrant agreements entered into between Broward County (“County”) and the
subrecipient identified in the applicable Subgrant Award Agreement (“Subrecipient”) (each a
“Party” and collectively referred to as “Parties”).
RECITALS
A. For the applicable Grant, County serves as a pass-through entity, providing certain
grant funds to Subrecipient pursuant to the Subgrant Award Agreement.
B. In order to receive Grant funding from County, Subrecipient agrees to comply with
these Subgrant Award Terms in addition to all of the relevant requirements and conditions
imposed by the Awarding Agency pursuant to the Grant.
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties agree as follows:
DEFINITIONS
All capitalized terms utilized in the Subgrant Award Agreement shall have the same meanings
when used in these Subgrant Award Terms. In addition, the following terms shall have the
following meanings:
1.1. Applicable Law means all applicable laws, codes, advisory circulars, rules, regulations,
or ordinances of any federal, state, county, municipal, or other governmental entity, as may be
amended.
1.2. Awarding Agency means the entity that awards or provides the Grant funding to County
for allocation pursuant to the terms of the Grant.
1.3. Board means the Board of County Commissioners of Broward County, Florida.
1.4. Code means the Broward County Code of Ordinances.
1.5. Contract Administrator means the Director of the Broward County Office of Management
and Budget or their designee.
1.6. Grant means the grant identified in the “Grant Award Details” section of the Subgrant
Award Agreement and/or attached thereto as Exhibit A.
1.7. Grant Funds means the funding received by County pursuant to the Grant that is allocated
to Subrecipient pursuant to the Subgrant Award Agreement.
Broward County Standard Subgrant Award Terms and Conditions Page 2 of 13
1.8. Services means all activities and services to be performed by Subrecipient under the
Subgrant Award Agreement, including all obligations imposed by the Grant upon County, as the
Grant recipient, or Subrecipient, as the agency implementing the Grant Program(s).
1.9. Subgrant Award Agreement means the subgrant agreement entered into between
County and Subrecipient that incorporates these Subgrant Award Terms.
1.10. Subgrant Program means the goods or services, including programs, purchases,
reimbursements, or other activities, of the Subrecipient that the Grant was provided by the
Awarding Authority to fund. The Grant Program may be detailed more specifically in the “Grant
Award Details” section of the Subgrant Award Agreement.
SUBGRANT PROGRAM SCOPE
Subgrant Program. Subrecipient will implement the Grant Program stated in the Subgrant Award
Agreement and perform all Services required of Subrecipient under the Grant.
GRANT FUNDS
3.1. The Grant Funds shall be utilized by Subrecipient solely in accordance with the Subgrant
Award Agreement, these Subgrant Award Terms, and the Grant. The Subgrant Award Amount
stated in the Subgrant Award Agreement is the maximum amount payable to Subrecipient.
3.2. Failure of Subrecipient to comply with the provisions in the Subgrant Award Agreement
will result in required corrective action, up to and including financial consequences and
termination. A financial consequence may be imposed by County for Subrecipient’s
noncompliance with these Subgrant Award Terms and/or the Subgrant Award Agreement, or 2
C.F.R. § 200.339 if the Grant is federally funded, including disallowance of Subgrant Program
costs and withholding of funds.
METHOD OF BILLING AND REIMBURSEMENT
4.1. Unless otherwise stated in the Subgrant Award Agreement, Subrecipient shall submit
invoices only for costs and expenses that are reimbursable under the Grant and that were
incurred for purposes permitted under the Grant. County will not reimburse Subrecipient for
costs or expenses incurred for any purpose other than those specified the Subgrant Award
Agreement. Invoices shall be submitted to County at the address specified in the “Notices”
provision using the Reimbursement Request Form provided by County. Invoices must be
submitted within the Invoicing Schedule, but only after the Subgrant Program activities for which
the invoices are submitted have been completed. All project expenditures requested by
Subrecipient for reimbursement must be submitted in sufficient detail for proper pre-audit and
post-audit review. Invoices must designate the nature of the Services completed and, as
applicable, the personnel, hours, tasks, or other detail as requested by the Contract
Administrator. County may, in its sole discretion, disallow and not provide reimbursement to
Subrecipient for any amounts invoiced inconsistent with the Invoicing Schedule.
Broward County Standard Subgrant Award Terms and Conditions Page 3 of 13
4.2. Subrecipient acknowledges that unless the Project Period for a Grant is modified by the
Awarding Agency, County will not provide any portion of the Subgrant Award Amount for any
Services performed before or after the Project Period. Subrecipient will not submit an invoice for,
and will not seek reimbursement of, any costs or expenses other than those incurred during the
Project Period. County shall have no obligation to reimburse Subrecipient for any costs or
expenses not incurred during the Project Period. If the Project Period is modified by the Awarding
Agency, such modified Project Period shall automatically be incorporated into the Subgrant
Award Agreement upon written notice by the Contract Administrator to Subrecipient.
SOVEREIGN IMMUNITY; INDEMNIFICATION
5.1. Nothing herein is intended to serve as a waiver of sovereign immunity by either Party nor
shall anything included herein be construed as consent to be sued by third parties in any matter
arising out of the Subgrant Award Agreement or any other contract.
5.2. If Subrecipient contracts with a third party (“Contractor”) for Subgrant Program goods or
services, the contract with each such Contractor must include the following provision (the term
“Contractor” in the provision may be replaced by the applicable term used in Subrecipient’s
agreement for that party):
Contractor shall indemnify, hold harmless, and defend Broward County and all of
Broward County’s past, present, and future officers, agents, and employees
(collectively, “Indemnified Party”) from and against any and all causes of action,
demands, claims, losses, liabilities, and expenditures of any kind, including
attorneys’ fees, court costs, and expenses, including through the conclusion of any
appellate proceedings, raised or asserted by any person or entity not a party to
this Agreement, and caused or alleged to be caused, in whole or in part, by any
intentional, reckless, or negligent act or omission of Contractor, its officers,
employees, or agents, arising from, relating to, or in connection with this
agreement (collectively, a “Claim”). In the event any Claim is brought against an
Indemnified Party, Contractor shall, upon written notice from Broward County,
defend each Indemnified Party against each such Claim by counsel satisfactory to
Broward County or, at Broward County’s option, pay for an attorney selected by
the County Attorney to defend the Indemnified Party. The obligations of this
section shall survive the expiration or earlier termination of this agreement. To
the extent considered necessary by the Broward County Attorney, any sums due
to Contractor under this agreement may be retained until all Claims subject to this
indemnification obligation have been settled or otherwise resolved. Any amount
withheld shall not be subject to payment of interest.
Notwithstanding Subrecipient’s use of a Contractor, Subrecipient shall remain solely liable to
County for performance of all obligations under the Grant, the Subgrant Award Agreement, and
these Subgrant Award Terms.
Broward County Standard Subgrant Award Terms and Conditions Page 4 of 13
INSURANCE
Subrecipient must comply with any and all applicable insurance requirements stated in the Grant
and/or the Subgrant Award Agreement. Upon County’s request, Subrecipient shall provide
verification of compliance with the applicable insurance requirements.
FINANCIAL REQUIREMENTS AND RESPONSIBILITIES
7.1. Subrecipient shall ensure that all expenditures and cost accounting of Grant Funds fully
complies with the Grant.
7.2. Subrecipient must maintain written procedures for procurement transactions relating to
the Subgrant Program. Procedures must ensure that all solicitations comply with the
requirements of 2 C.F.R. § 200.319, “Competition,” if applicable to the Grant.
7.3. Subrecipient is required to establish and maintain adequate accounting systems and
financial records and to accurately account for funds awarded to it pursuant to the Subgrant
Award Agreement. Subrecipient shall have and maintain financial management systems in place
that are able to record and report on the receipt, obligation, and expenditure of such funds. An
adequate accounting system for Subrecipient must be able to accommodate a fund and account
structure to separately track receipts, expenditures, assets, liabilities for awards, and programs.
7.4. If the Grant is federally funded, Subrecipient’s obligations include the requirements
outlined in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements
in 2 C.F.R. Part 200, as adopted and supplemented in 2 C.F.R. Part 200 (together, the “Part 200
Uniform Guidance”), as applied to the Grant. The Subgrant Award Agreement for any federally
funded Grant is intended to be, and should be construed as, consistent with Part 200 Uniform
Guidance, and includes the information required pursuant to 2 C.F.R. Part 200.332.
MANAGEMENT AND REPORTING REQUIREMENTS
8.1. Performance. In the event of Subrecipient’s default, noncompliance, or violation of any
provision of the Grant, the Subgrant Award Agreement, and/or these Subgrant Award Terms, as
determined in the sole discretion of County, County may impose sanctions it deems appropriate,
which may include withholding payments or cancellation or termination of the Subgrant Award
Agreement in whole or in part. In such event, County will provide written notice to Subrecipient
of its decision at least thirty (30) days before the effective date of such sanction. If the sanction
includes cancellation or termination of the Subgrant Award Agreement, such notice from County
shall include the date by which Subrecipient must cease all Services (“Cessation Date”). If the
Subgrant Award Agreement is cancelled or terminated pursuant to this section, Subrecipient shall
be reimbursed only for those Services satisfactorily completed in compliance with the Subgrant
Award Agreement prior to the Cessation Date, unless otherwise approved in writing by the
County Administrator.
Broward County Standard Subgrant Award Terms and Conditions Page 5 of 13
8.2. Performance Reports.
8.2.1. Subrecipient must submit project performance reports (“Performance Reports”)
as stated in the Subgrant Award Agreement. These reports shall be submitted to the
Contract Administrator within the timeframe(s) specified in the Subgrant Award
Agreement.
8.2.2. Report Contents. The Performance Reports must include the following: (1) a
summary of the goals for the Subgrant Program; (2) the Services performed during the
reporting period; (3) the progress to date toward achieving each goal for the Subgrant
Program; and (4) a description of any issues that may negatively impact achieving the
goals for the Subgrant Program. County may request additional information or
modifications to the Performance Report if necessary to comply with any applicable
reporting requirements in the Grant, and Subrecipient shall promptly modify and
resubmit the Performance Report within the required timeframe for the Performance
Reports provided in the Grant Award Details.
8.3. Financial Reports.
8.3.1. Subrecipient must submit financial reports (“Financial Expenditure Reports”) in
accordance with the requirements of the Grant. Financial Expenditure Reports must be
submitted even when no reimbursement is requested. Financial Expenditure Reports
must be electronically signed by Subrecipient and Subrecipient’s chief financial officer or
the chief financial officer’s designee. Subrecipient must submit to County any outstanding
Financial Expenditure Reports no later than sixty (60) days after the end or termination
of the Grant, whichever is earlier.
8.3.2. Subrecipient must also submit a Federal Financial Report (FFR or SF-425) to County
if required by the Grant.
8.4. Unless otherwise stated in the Subgrant Award Agreement, all reports required pursuant
to this section or the Reporting Obligations must be submitted to the Contract Administrator.
After County reviews and approves the reports, County will submit the reports to the Awarding
Agency if required by the Grant. Failure to comply with any of the requirements of this article
may result in forfeiture of Grant Funds.
MONITORING AND AUDITS
9.1. Access to Records. County, the Awarding Agency, the U.S. Comptroller General (for
federally funded Grants), and any of their duly authorized representatives shall have access to
books, documents, papers, and records of Subrecipient and Subrecipient’s Contractors related to
the Grant or the Subgrant Award Agreement for the purpose of audit and examination. County
may unilaterally terminate the Subgrant Award Agreement if Subrecipient or Subrecipient’s
Contractor refuses to allow public access to all documents, papers, letters, or other materials
made or received in conjunction the Grant and subject to Chapter 119, Florida Statutes, or other
Broward County Standard Subgrant Award Terms and Conditions Page 6 of 13
applicable public records law, unless specifically exempted and/or made confidential by
Applicable Law.
9.2. Monitoring. Subrecipient must comply with County’s grant-monitoring guidelines,
protocols, and procedures, and cooperate with County on all grant-monitoring requests,
including requests related to desk review, enhanced programmatic desk reviews, site visits, and
contract reviews and audits. Subrecipient must provide all documentation deemed necessary by
County to complete monitoring of the Grant Funds and verify Subrecipient’s expenditures.
Further, Subrecipient must abide by deadlines set by County for providing requested documents.
Failure of Subrecipient to cooperate with grant-monitoring activities may result in sanctions,
including, but not limited to withholding or other restrictions on Subrecipient’s access to funds,
referral to the County Auditor for audit review, or termination of the Subgrant Award Agreement.
9.3. Property Management. Subrecipient must establish and administer a system to protect,
preserve, use, maintain, and dispose of any property furnished to it by County or procured with
Grant Funds, consistent with any federal property management standards set forth in the Grant.
The obligations of this section continue for as long as Subrecipient retains the property,
notwithstanding expiration or termination of the Subgrant Award Agreement.
9.4. Retention of Records. Unless a longer period is specified in the Subgrant Award
Agreement, Subrecipient must maintain all records relating to the Grant for a minimum of five
(5) years after the date of the final financial report. Subrecipient must comply with applicable
retention schedules established by Applicable Law, including without limitation the State of
Florida General Records Schedule, including, as applicable, GS1-SL for State and Local
Government Agencies and/or GS2 for Law Enforcement, Correctional Facilities and District
Medical Examiners.
9.5. Single Annual Audit.
9.5.1. Subrecipient must have a single audit or program-specific audit conducted for
each fiscal year in which Grant Funds are received or expended. If the Grant is federally
funded, the audit must be performed in accordance with 2 C.F.R. Part 200, Subpart F,
“Audit Requirements,” and other applicable federal law, and the Subgrant Award
Agreement must be identified in Subrecipient’s schedule of federal financial assistance in
the subject audit. Subrecipient’s audit report must identify the Subgrant Award
Agreement and include the contract number, award amount, contract period, funds
received, and funds disbursed.
9.5.2. The complete audit report must be submitted to County within thirty (30) days
after completion and must be finalized no later than nine (9) months after the audit
period. In order to be complete, the submitted audit report to County must include
Subrecipient management’s written response to all findings, management letters, if any,
and Subrecipient management’s response to the management letters, if any.
Broward County Standard Subgrant Award Terms and Conditions Page 7 of 13
9.5.3. Audits must be completed by an Independent Public Accountant (“IPA”) and
according to Generally Accepted Government Auditing Standards. The IPA must be either
a Certified Public Accountant or a Licensed Public Accountant. Subrecipient must procure
audit activities according to the Part 200 Uniform Guidance (if Grant is federally funded),
and include clear objectives and scope of the audit in addition to peer review reports to
strengthen audit quality and ensure effective use of audit resources.
9.5.4. Subrecipient must promptly follow up and take appropriate corrective action for
any findings in the audit report in instances of noncompliance with Applicable Law,
including but not limited to, preparation of a summary schedule of prior audit findings
and a corrective action plan. Subrecipient’s follow-up audit findings must comply with the
requirements in Part 200 Uniform Guidance, to the extent applicable.
9.5.5. Subrecipient must make copies of the audit available for public inspection and
ensure respective parts of the reporting package do not include protected personally
identifiable information. The audit and its supporting records must be made available
upon request for a period of three (3) years after the date the audit report is issued.
County, in its sole discretion, may extend this records retention period upon written
notice to Subrecipient.
9.5.6. If the Grant is closed without audit(s) that include the entirety of Grant Funds
received by Subrecipient and the expenditure of all such funds, County reserves the right
to recover any disallowed costs identified in an audit completed after such closeout.
9.5.7. If the Grant is federally funded, the Federal Audit Clearinghouse is the repository
of record for 2 C.F.R. § 200(F). Audits performed pursuant to 2 C.F.R. § 200(F) must be
completed and submitted to the Federal Audit Clearinghouse by thirty (30) calendar days
after receipt of the auditor’s reports or nine (9) months after the end of the audit period,
whichever is earlier. Such submissions must include required elements described in
Appendix X to Part 200 Uniform Guidance on the specified Data Collection Form (Form
SF-SAC) and be signed by Subrecipient’s chief financial officer or designee.
TERMINATION
10.1. Termination for Cause. The Subgrant Award Agreement may be terminated for cause by
the aggrieved Party if the Party in breach has not corrected the breach within ten (10) days after
receipt of written notice from the aggrieved Party identifying the breach. The Subgrant Award
Agreement may be terminated for cause by County for Subrecipient’s failure to suitably or
continuously perform the Services in a manner calculated to meet or accomplish the objectives
in the Subgrant Award Agreement, or repeated submission (whether negligent or intentional) for
payment of false or incorrect invoices or requests for reimbursement.
Termination for cause by County may be made by the County Administrator, the County
representative expressly authorized under the Subgrant Award Agreement, or the County
Broward County Standard Subgrant Award Terms and Conditions Page 8 of 13
representative (including any successor) who executed the Agreement on behalf of County. If
County erroneously, improperly, or unjustifiably terminates the Subgrant Award Agreement for
cause, such termination shall be deemed a termination for convenience pursuant to Section 10.2
effective thirty (30) days after such notice was provided and Subrecipient shall be eligible for the
compensation provided in Section 10.3 as its sole remedy.
10.2. Termination for Convenience; Other Termination. The Subgrant Award Agreement may
also be terminated for convenience by the Board with at least thirty (30) days advance written
notice to Subrecipient. Subrecipient acknowledges that it has received good, valuable, and
sufficient consideration for County’s right to terminate the Subgrant Award Agreement for
convenience including in the form of County’s obligation to provide advance notice to
Subrecipient of such termination in accordance with this section. The Subgrant Award Agreement
may also be terminated by the County Administrator upon such notice as the County
Administrator deems appropriate under the circumstances if the County Administrator
determines that termination is necessary to protect the public health, safety, or welfare.
10.3. Effect of Termination on Reimbursement. If the Subgrant Award Agreement is terminated
by either Party, any reimbursement(s) requested by Subrecipient for Subgrant Program activities
properly performed prior to the date of written notice of termination or the Cessation Date,
whichever is earlier, shall be reimbursed by County pursuant to the terms of the Subaward
Agreement, subject to any right of County to retain any sums otherwise due and payable to
Subrecipient. Any Subgrant Program activities or expenditures performed or incurred by
Subrecipient after such date shall not be subject to reimbursement by County.
10.4. Notice of termination shall be provided in accordance with the “Notices” section of these
Subgrant Award Terms except that notice of termination by the County Administrator to protect
the public health, safety, or welfare may be oral notice promptly confirmed in writing.
10.5. In addition to any termination rights stated in the Subgrant Award Agreement, County
shall be entitled to seek any and all available contractual or other remedies available at law or in
equity.
MISCELLANEOUS
11.1. Contract Administrator Authority. The Contract Administrator is authorized to coordinate
and communicate with Subrecipient to manage and supervise the performance of the Subgrant
Award Agreement. In addition to any other authority provided to the Contract Administrator in
these Subgrant Award Terms or the Subgrant Award Agreement, the Contract Administrator may
approve modifications to the Program Narrative or Program Budget and may execute
amendment(s) to the Subgrant Award Agreement that the Contract Administrator deems
necessary to effectuate the purpose of the Grant, subject to compliance with the Grant and
provided there is no increase in cost to County.
Broward County Standard Subgrant Award Terms and Conditions Page 9 of 13
11.2. Public Records. Notwithstanding anything else in the Subgrant Award Agreement, any
action taken by County in compliance with, or in a good faith attempt to comply with, the
requirements of Chapter 119, Florida Statutes, shall not constitute a breach of the Subgrant
Award Agreement. If Subrecipient is acting on behalf of County as stated in Section 119.0701,
Florida Statutes, Subrecipient shall:
11.2.1. Keep and maintain public records required by County to perform the Services;
11.2.2. Upon request from County, provide County with a copy of the requested records
or allow the records to be inspected or copied within a reasonable time and at a cost that
does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided
by Applicable Law;
11.2.3. Ensure that public records that are exempt or confidential and exempt from public
record requirements are not disclosed except as authorized by Applicable Law for the
duration of the Subgrant Award Agreement and after completion or termination of the
Subgrant Award Agreement if the records are not transferred to County; and
11.2.4. Upon expiration of the Term or termination of Subgrant Award Agreement,
transfer to County, at no cost, all public records in possession of Subrecipient or keep and
maintain public records required by County to perform the services. If Subrecipient
transfers the records to County, Subrecipient shall destroy any duplicate public records
that are exempt or confidential and exempt. If Subrecipient keeps and maintains the
public records, Subrecipient shall meet all requirements of Applicable Law for retaining
public records. All records stored electronically must be provided to County upon request
in a format that is compatible with the information technology systems of County.
If Subrecipient receives a request for public records regarding the Subgrant Award Agreement or
the Services, Subrecipient must immediately notify the Contract Administrator in writing and
provide all requested records to County to enable County to timely respond to the public records
request. County will respond to all such public records requests.
Subrecipient must separately submit and conspicuously label as “RESTRICTED MATERIAL – DO
NOT PRODUCE” any material (a) that Subrecipient contends constitutes or contains its trade
secrets under Chapter 688, Florida Statutes, or (b) for which Subrecipient asserts a right to
withhold from public disclosure as confidential or otherwise exempt from production under
Florida public records laws (including Chapter 119, Florida Statutes) (collectively, “Restricted
Material”). In addition, Subrecipient must, simultaneous with the submission of any Restricted
Material, provide a sworn affidavit from a person with personal knowledge attesting that the
Restricted Material constitutes trade secrets or is otherwise exempt or confidential under Florida
public records laws, including citing the applicable Florida statute and specifying the factual basis
for each such claim. Upon request by County, Subrecipient must promptly identify the specific
applicable statutory section that protects any particular document. If a third party submits a
request to County for records designated by Subrecipient as Restricted Material, County shall
Broward County Standard Subgrant Award Terms and Conditions Page 10 of 13
refrain from disclosing such material unless otherwise ordered by a court of competent
jurisdiction, authorized in writing by Subrecipient, or the claimed exemption is waived. Any
failure by Subrecipient to strictly comply with the requirements of this section shall constitute
Subrecipient’s waiver of County’s obligation to treat the records as Restricted Material.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO SUBRECIPIENT’S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE SUBGRANT AWARD AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 954-357-6348, GRANTS@BROWARD.ORG,
115 SOUTH ANDREWS AVENUE, ROOM 404, FORT LAUDERDALE, FLORIDA 33301.
11.3. Independent Contractor. Subrecipient is an independent contractor of County, and
nothing in the Subgrant Award Agreement shall constitute or create a partnership, joint venture,
or any other relationship between the Parties. In performing Services, neither Subrecipient nor
its agents shall act as officers, employees, or agents of County. Subrecipient shall not have the
right to bind County to any obligation not expressly undertaken by County under the Subgrant
Award Agreement.
11.4. Regulatory Capacity. Notwithstanding the fact that County is a political subdivision with
certain regulatory authority, County’s performance under the Subgrant Award Agreement is as a
Party and not in its regulatory capacity. If County exercises its regulatory authority, the exercise
of such authority and the enforcement of Applicable Law shall have occurred pursuant to
County’s regulatory authority as a governmental body separate and apart from the Subgrant
Award Agreement and shall not be attributable in any manner to County as a Party to the
Subgrant Award Agreement.
11.5. Third-Party Beneficiaries. Neither Subrecipient nor County intends to directly or
substantially benefit a third party by the Subgrant Award Agreement. Therefore, the Parties
acknowledge that there are no third-party beneficiaries to the Subgrant Award Agreement and
that no third party shall be entitled to assert a right or claim against either of them based upon
the Subgrant Award Agreement.
11.6. Notice and Payment Address. Unless otherwise stated in the Subgrant Award Agreement,
for notice to a Party to be effective, notice must be sent via U.S. first-class mail, hand delivery, or
commercial overnight delivery, each with a contemporaneous copy via email, to the addresses
listed below and shall be effective upon mailing or hand delivery (provided the contemporaneous
email is also sent). Notice and payment to Subrecipient shall be made to the address shown for
Subrecipient in the Subaward Grant Agreement. Addresses may be changed by the applicable
Party giving notice of such change in accordance with this section.
FOR COUNTY:
Broward County Office of Management and Budget
115 South Andrews Avenue, Suite 404
Broward County Standard Subgrant Award Terms and Conditions Page 11 of 13
Fort Lauderdale, FL 33301
Grants@broward.org
11.7. Assignment. The Subgrant Award Agreement may not be assigned, transferred, or
encumbered by Subrecipient without the prior written consent of County, which may be withheld
in its sole discretion. Any assignment, transfer, or encumbrance in violation of this section shall
be void and ineffective, constitute a breach of the Subgrant Award Agreement, and permit
County to immediately terminate the Subgrant Award Agreement, in addition to any other
remedies available to County at law or in equity.
11.8. Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth is
substantial and important to the formation of the Subgrant Award Agreement, and each is,
therefore, a material term. County’s failure to enforce any provision of the Subgrant Award
Agreement shall not be deemed a waiver of such provision or modification of the Subgrant Award
Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the Subgrant Award Agreement. To be effective,
any waiver must be in writing signed by an authorized signatory of the Party granting the waiver.
11.9. Compliance with Laws. Subrecipient and the Services must comply with all Applicable
Law, including, without limitation, the Americans with Disabilities Act, 42 U.S.C. § 12101, Section
504 of the Rehabilitation Act of 1973, and the requirements of the Grant.
11.10. Severability. If any part of the Subgrant Award Agreement is found to be unenforceable
by any court of competent jurisdiction, that part shall be deemed severed from the Subgrant
Award Agreement and the balance of the Subgrant Award Agreement shall remain in full force
and effect.
11.11. Joint Preparation. The Subgrant Award Agreement shall not be construed more strictly
against either Party.
11.12. Interpretation. The titles and headings contained in the Subgrant Award Agreement are
for reference purposes only and shall not in any way affect the meaning or interpretation of the
Subgrant Grant Award Agreement. All personal pronouns used in the Subgrant Award Agreement
shall include any other gender, and the singular shall include the plural, and vice versa, unless the
context otherwise requires. Terms such as “herein” refer to the Subgrant Award Agreement as a
whole and not to any particular sentence, paragraph, or section where they appear, unless the
context otherwise requires. Whenever reference is made to a section or article, such reference
is to the section or article as a whole, including all subsections thereof, unless the reference is
made to a particular subsection or subparagraph of such section or article. Any reference to
“days” means calendar days, unless otherwise expressly stated. Any reference to approval by
County shall require approval in writing, unless otherwise expressly stated.
11.13. Priority of Provisions. Unless expressly specified in the Subgrant Award Agreement, if
there is a conflict or inconsistency between any term, statement, requirement, or provision of
Broward County Standard Subgrant Award Terms and Conditions Page 12 of 13
any document or exhibit attached to, referenced by, or incorporated in the Subgrant Award
Agreement and any provision of the articles of these Subgrant Award Terms, the provisions
contained in Sections 1-8 of the Subgrant Award Agreement prevail and will be given effect.
11.14. Law, Jurisdiction, Venue, Waiver of Jury Trial. The Subgrant Award Agreement shall be
interpreted and construed in accordance with and governed by the laws of the State of Florida.
The exclusive venue for any lawsuit arising from, related to, or in connection with the Subgrant
Award Agreement shall be in the state courts of the Seventeenth Judicial Circuit in and for
Broward County, Florida. If any claim arising from, related to, or in connection with the Subgrant
Award Agreement must be litigated in federal court, the exclusive venue for any such lawsuit
shall be in the United States District Court or United States Bankruptcy Court for the Southern
District of Florida. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHTS IT MAY HAVE TO A
TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THE SUBGRANT AWARD AGREEMENT.
11.15. Amendments. Unless expressly authorized herein, no modification, amendment, or
alteration of any portion of the Subgrant Award Agreement is effective unless contained in a
written document executed with the same or similar formality as the Subgrant Award Agreement
and by duly authorized representatives of County and Subrecipient.
11.16. Prior Agreements. Unless otherwise stated in the Subgrant Award Agreement, the
Subgrant Award Agreement represents the final and complete understanding of the Parties
regarding the Grant and supersedes all prior and contemporaneous negotiations and discussions
regarding same. All commitments, agreements, and understandings of the Parties concerning the
Grant are contained herein.
11.17. Payable Interest
11.17.1. Payment of Interest. Unless prohibited by Applicable Law, County shall not be
liable for interest to Subrecipient for any reason, whether as prejudgment interest or for
any other purpose, and Subrecipient waives, rejects, disclaims, and surrenders any and
all entitlement to interest in connection with a dispute or claim arising from, related to,
or in connection with the Subgrant Award Agreement.
11.17.2. Rate of Interest. If the preceding subsection is inapplicable or is determined to
be invalid or unenforceable by a court of competent jurisdiction, the annual rate of
interest payable by County under the Subgrant Award Agreement, whether as
prejudgment interest or for any other purpose, shall be, to the full extent permissible
under Applicable Law, one quarter of one percent (0.25%) simple interest
(uncompounded).
11.18. Incorporation by Reference. Any and all Recital clauses stated above are true and correct
and are incorporated in these Subgrant Award Terms by reference.
11.19. Counterparts and Multiple Originals. The Subgrant Award Agreement may be executed in
multiple originals, and may be executed in counterparts, whether signed physically or
Broward County Standard Subgrant Award Terms and Conditions Page 13 of 13
electronically, each of which shall be deemed to be an original, but all of which, taken together,
shall constitute one and the same agreement.
11.20. Use of County Name or Logo. Subrecipient shall not use County’s name or logo in
marketing or publicity materials without prior written consent from the Contract Administrator.
11.21. Time of the Essence. Time is of the essence for Subrecipient’s performance of all
obligations under the Subgrant Award Agreement and these Subgrant Award Terms.
DAJ/cv
Subgrant Award Terms and Conditions
File #641410v2
11/02/22
City of Dania Beach
Public Services Memorandum
DATE: 6/24/2025
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Fernando J. Rodriguez, Public Services Director
Sean Schutten, Deputy Public Services Director
SUBJECT: APPROVAL TO EXECUTE AN AGREEMENT WITH METRIC
ENGINEERING, INC. FOR SOUTHEAST DRAINAGE PHASE II CEI
SERVICES
Request:
The Public Services Department (PSD) requests approval to execute an agreement with Metric
Engineering, Inc. to provide Construction, Engineering, and Inspection (CEI) services for Phase
II of the Southeast Drainage Retrofit Project for a total amount of $993,950.00.
Background:
The City of Dania Beach is preparing to commence Phase II of the Southeast Drainage Retrofit
Project to improve drainage and reduce localized flooding within the Southeast area of the City.
As federal grant funding is being utilized for project construction, federal guidelines require the
City to retain an independent engineering firm to perform CEI services, separate from the project
designer.
On March 5, 2025, the City issued Request for Qualifications (RFQ) No. 25-008 to solicit
qualified firms to provide the required CEI services. Following the evaluation process, the
selection committee ranked Metric Engineering, Inc. as the highest-ranked firm.
Subsequently, on May 27, 2025, the City Commission adopted Resolution No. 2025-081,
accepting the committee’s ranking and authorizing the City administration to negotiate a contract
with Metric Engineering, Inc. for the work.
Budgetary Impact
The Public Services Department has successfully negotiated a contract with Metric Engineering,
Inc. for a total amount of $993,950.00, which includes $965,000.00 for CEI services and
$28,950.00 in contingency funds. Funding will be appropriated from the Stormwater Account
Number 303-38-14-538-63-10.
Recommendation
The Public Services Department recommends approval and execution of the contract with Metric
Engineering, Inc. for CEI services related to the Southeast Drainage Retrofit Project Phase II.
RESOLUTION NO. 2025-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AGREEMENT WITH METRIC ENGINEERING INC. FOR
THE SOUTHEAST DRAINAGE PHASE II CONSTRUCTION,
ENGINEERING, AND INSPECTION (“CEI”) SERVICES PURSUANT TO
REQUEST FOR QUALIFICATIONS (“RFQ”) NO. 25-008 IN THE AMOUNT
OF NINE HUNDRED NINETY-THREE THOUSAND NINE-HUNDRED
FIFTY DOLLARS ($993,950.00); PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach will soon begin Phase II of the Southeast Drainage
Retrofit Project to improve drainage in the Southeast area of the City; and
WHEREAS, due to federal grant funding for the construction, the City must use an
engineer to provide Construction, Engineering, and inspection (CEI) services (the “Services”)
separate from the engineering firm that designed the project: and
WHEREAS, on March 5, 2025, the City Commission issued RFQ No. 25-008 for the
services, and the selection committee ranked Metric Engineering, Inc. highest among all
respondents; and
WHEREAS, on May 27, 2025, the City Commission adopted Resolution No. 2025-081
approving the ranking of CEI firms and authorized the proper City officials to negotiate a contract
with the highest-ranked firm Metric Engineering, Inc.; and
WHEREAS, the Public Services Department negotiated a contract with Metric
Engineering, Inc. in the amount of $993,950.00 comprised of $965,000.00 for CEI Services and
$28,950.00 in Contingency funds; and,
WHEREAS, the City administration recommends that the City Commission approve the
execution of a contract with Metric Engineering, Inc. for the Services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1.That the above “Whereas” clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
RESOLUTION #2025-______2
Section 2.That the City Commission authorizes the proper City officials to execute
contract for CEI services associated with the construction of the Southeast Drainage Retrofit
Project Phase II with Metric Engineering, Inc. in the amount of Nine Hundred Ninety-Three
Thousand Nine Hundred Fifty Dollars ($993,950.00).
Section 3.That Funding will be appropriated from the Stormwater Account Number
303-38-14-538-63-10.
Section 4.That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5.That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED on __________________, 2025.
Motion by __________________________, second by ___________________________.
FINAL VOTE ON ADOPTION: Unanimous ____
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
1
AGREEMENT FOR CONSTRUCTION ENGINEERING SERVICES
FOR THE SOUTHEAST DRAINAGE PROJECT, PHASE II
This Agreement for Construction Engineering Services (“CEI”) for the Southeast
Drainage Project (the “Agreement”) is made and entered into on _____________, 2025,
by and between the City of Dania Beach, Florida, (the “City”), a Florida municipal
corporation, located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, and
Metric Engineering Services, Inc. (the “Consultant”) a Florida corporation whose principal
place of business is 13940 SW 136 Street, Suite 200, Miami, Florida 33186.
RECITALS:
WHEREAS, pursuant to a competitive selection process in compliance with section
287.055, Florida Statutes, known as the Consultant Competitive Negotiation Act, the City
has selected the Consultant to provide professional CEI services as set forth herein.
NOW, THEREFORE, in consideration of the mutual promises contained herein
and agreed upon by the parties, City and Consultant hereby agree as follows:
SECTION 1. AGREEMENT DOCUMENTS
The “Agreement Documents” means and includes the following:
1. Agreement (Executed) shall consist of the following documents, provided, however
that if there is any conflict between the terms of the Agreement and the various
components, including but not limited to the Consultant’s response to City, the
Agreement is controlling.
2. City’s Request for Qualifications (“RFQ”) 25-008 is Attachment A.
3. Consultant’s Proposal i.e., response to RFQ 25-008 is Attachment B.
4. Grant agreements. This project will be partially funded by federal funds and as such
Proposers should consider the compliance requirements contained in the Federally
Funded Subaward and Grant Agreement, Agreement Number 4337-494-R between the
City of Dania Beach and the Florida Division of Emergency Management, the grant
requirements of which are provided as Attachment ‘C’; and Grant Agreement,
Agreement Number 22FRP21 between the City of Dania Beach and the Florida
Department of Environmental Protection, which I requirements are provided as
Attachment “D”. The Respondent must carefully review and become familiar with the
Grant Agreements conditions that govern this Agreement. All state and federal
requirements (2 CFR §200.318 through 2 CFR §200.327) contained within the grant
agreement are applicable to the respondent.
2
5. Consultant Services Authorization
Any and all Agreement Modifications, Renewals or Extension issued subsequent to the
execution of this Agreement and in accordance with the terms and conditions of this
Agreement. The aforementioned documents form the Agreement, and all are as fully a part
of the Agreement as if attached to this Agreement and repeated herein. The Services are
identified and described in Attachment A (the Request for Qualifications RFQ #25-008),
which Attachment is incorporated by reference into this Agreement.
SECTION 2. SCOPE OF SERVICES AND RESPONSIBILITIES
1. The Consultant shall perform all of the work required and all Services set forth in the
attached RFQ 25-008, and as further set forth in Attachment A and Attachment B (the
Consultant’s RFQ response), including all necessary, incidental, and related activities required
for full and complete performance of this Agreement, as well as compliance with applicable
laws and City policies (the “Scope of Services”).
2. This Agreement does not delineate every detail and minor work task required to be performed
by Consultant to complete the Project. If Consultant determines that work should be performed
to complete the Project and, in Consultant’s opinion, that work is outside the level of effort
originally anticipated, whether or not the Scope of Services identifies the work items, Consultant
shall notify the Contract Administrator in writing in a timely manner before proceeding with the
work. If Consultant proceeds with such work without notifying the Contract Administrator, the
work shall be deemed to be within the original level of effort, whether or not specifically
addressed in the Scope of Services. Notice to the Contract Administrator does not constitute
authorization or approval by City to Consultant to perform the work. Any such work that would
entail additional compensation to Consultant by City, or additional time for performance, shall
require an amendment to this Agreement or a Work Authorization. Unless there is an executed
amendment or Work Authorization or a dispute any work performed by Consultant outside the
originally anticipated level of effort without prior written City approval shall be at no
additional cost to the City.
3. Attachment A identifies the initial services related to the Project, and additional
negotiations may be required for other phases or additional services. City and Consultant may
negotiate additional services, compensation, time of performance, and other related matters,
including for other phases of the Project. Notwithstanding the foregoing, City shall have the
right to terminate negotiations at any time at no cost to City and procure services for other
Project phases from any other source.
4. City shall assist Consultant by placing at Consultant’s disposal all information City has
available pertinent to the Project, including previous reports and any other data relative to the
Project. City shall arrange for access to, and make all provisions for, Consultant to enter upon
public and private property as required for Consultant to perform its Services. City shall review
any itemized deliverables and documents required to be submitted by Consultant and respond in
3
writing with any comments within the time set forth in Attachment A. City shall give prompt
written notice to Consultant whenever City observes or otherwise becomes aware of any material
defect in the work of Contractor or Subconsultants, or other material development that affects the
scope or timing of Consultant’s Services.
5. Consultant has familiarized itself with the nature and extent of the Agreement
Documents for the Services to be performed, locality and all local conditions, facilities
and laws and regulations and has resolved all issues, problems and conflicts prior to
commencing any activity under this Contact.
6. Consultant agrees and understands that the City will compensate the Consultant only
for services provided pursuant to the Agreement Documents and, that all cost incurred
by the Consultant to perform services is the sole responsibility of the Consultant unless
otherwise specified by the terms and conditions of the Agreement Documents.
A.Consultant’s Responsibilities
1.Consultant shall exercise the same degree of care, skill, and diligence in the performance
of the Services as is ordinarily provided by a professional under similar circumstances and
provide professional CEI services to complete the scope of services to the satisfaction of
the City for the duration of the Agreement. Consultant shall, at no additional cost to the
City, re-perform services which fail to satisfy the foregoing standard of care.
2.Warranty of Performance. Consultant represents and warrants that it possesses the knowledge, skill,
experience, and financial capability required to perform and provide all required and optional
Services under this Agreement, and that each person and entity that will provide Services is duly
qualified to perform such services by all appropriate governmental authorities, where required, and
is sufficiently experienced and skilled in the area(s) for which such person or entity will render such
Services. Consultant represents and warrants that the Services shall be performed in a skillful and
respectful manner, and that the quality of all such services shall equal or exceed prevailing industry
standards for the provision of such services.
3.Breach of Representations. Consultant acknowledges that City is materially relying on the
representations, warranties, and certifications of Consultant stated in this article, and City shall be
entitled to exercise any or all of the following remedies if any such representation, warranty, or
certification is untrue: (a) recovery of damages incurred; (b) termination of this Agreement without
any further liability to Consultant; (c) set off from any amounts due Consultant the full amount of
any damage incurred; and (d) debarment of Consultant.
4.The Services required under this Agreement are to be performed by Consultant are those
set forth in the Agreement Documents.
5.The Services required under this Agreement shall commence upon receipt and acceptance
of a Notice to Proceed.
4
6.The Consultant agrees to obtain and maintain throughout the period of this Agreement all
such insurance and licenses as are required by the Agreement Documents and those
required to do business in the State of Florida, including, but not limited to, all applicable
licenses required by the respective state boards and other federal/state/local governmental
agencies responsible for regulating and licensing for the Services to be provided and
performed by the Consultant, Consultants employees, and subcontractors and its employees
pursuant to this Agreement.
7.Consultant agrees that the Project Manager for the term of this Agreement shall be:
Name: Sean Schutten
Title: Public Services Deputy Director
Mailing Address: 100 W. Dania Beach Blvd.
E-mail: sschutten@daniabeachfl.gov
Office Phone: (954) 924-6808 ext. 3660
With copy to:
Name: Alvaro Cortes
Title: Project Manager
Mailing Address: 100 W. Dania Beach Blvd.
E-mail: acortes@daniabeachfl.gov
Office Phone: (954) 924-6808 ext. 3739
8.The Consultant agrees that the Project Manager shall devote whatever time is required to
satisfactorily manage the provisions of Services to be performed by the Consultant
hereunder. The person selected by the Consultant to serve as the Project Manager shall be
subject to the prior approval and acceptance of the City, such approval or acceptance shall
not be unreasonably withheld.
9.Consultant agrees, within fourteen (14) calendar days of written request from the City, to
promptly remove and replace from the project team the Project Manager, or any other
personnel employed or retained by the Consultant, or any subcontractors or any personnel
of any such subcontractors engaged by the Consultant to provide and perform services or
work pursuant to the requirements of this Agreement, whom the City shall request in
writing to be removed, which request may be made by the City with or without cause.
10.The Consultant has represented to the City that it has expertise in performing the services
to be provided pursuant to the Agreement Documents and can provide such Service as
required by the Project.
11.The Consultant agrees that all services to be provided by Consultant pursuant to this
Agreement shall be subject to the City's review and approval and shall be in accordance with
the Agreement Documents and generally accepted standards of professional practice in the
State of Florida as well as in accordance with applicable laws, statutes, ordinances, codes,
5
rules, regulations and requirements of any governmental agencies which regulate or have
jurisdiction over the Project or Services to be provided and performed by Consultant
hereunder. In the event of any conflicts in these requirements, the Consultant shall notify
the City of such conflict and utilize its best professional judgment to advise City regarding
resolution of the conflict.
12.Consultant agrees not to divulge, furnish or make available to any third person, firm or
organization, without City's prior written consent, or unless incident to the proper
performance of the Consultant's obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-
public information concerning the services to be rendered by Consultant hereunder, and
Consultant shall require all of its employees, agents, and subcontractors to comply with the
provisions of this paragraph.
13.Consultant shall supervise and direct the work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform
the work in accordance with the Agreement documents.
14.Consultant acknowledges that access to the Project site, to be arranged by the City for
Consultant, may be provided during times that are not the normal hours of the Consultant.
15. Consultant shall submit digitally signed daily inspection reports no later than 24 hours
after each workday. Each report shall include, at minimum:
▪Description of inspected activities
▪Photographs with date, time, and location data
o Contractor personnel and equipment on-site
▪Weather conditions
▪Work start and end times
▪Remarks on compliance and/or deficiencies.
16. All reports shall be uploaded to a digital platform selected acceptable to the City. The
Consultant shall ensure that the City’s representative has full and unrestricted access to this
platform for the entire duration of the project.
17. If any activity is performed without CEI presence due to the Consultant's failure to
provide the required staff, the Consultant shall be responsible for any necessary re-
inspection, retesting, or corrective action, at no cost to the City.
18. Consultant shall confirm that the materials, installation methods, and equipment used by
the Contractor align with approved submittals and RFI responses. Any deviations must be
reported immediately to the City and Engineer of Record (EOR”) in writing.
19. The Consultant shall be responsible for preparing and distributing formal meeting
minutes for all scheduled progress meetings. The minutes shall:
6
o Summarize all discussions, decisions, and action items
o Include attendance records
o Clearly assign responsibilities and deadlines
o Be submitted to the City and all attendees within 48 hours of the meeting
20. The Consultant shall ensure that the Contractor performs all work in full compliance
with the project specifications. CEI personnel shall monitor and document any deviations
and notify the EOR immediately if the work does not meet the required standards.
21. Consultant shall confirm that the materials, installation methods, and equipment used by
the Contractor align with approved submittals and RFI responses. Any deviations must be
reported immediately to the City and EOR in writing.
22. Consultant shall maintain accurate field-verified records of all quantities installed.
Before any contractor pay application is approved, the CEI shall confirm quantities in the
field. Discrepancies must be resolved and reported prior to payment approval.
23. Consultant shall provide the City with a comprehensive Monthly Report summarizing
CEI activities and project status. The report shall be submitted no later than the fifth (5th)
business day of each month and shall include, at minimum:
-Summary of construction activities completed during the reporting period
-Summary of inspections conducted and any major findings or compliance
issues
-Log of daily reports submitted
-Photo documentation of key activities or deficiencies noted
-List of outstanding RFIs, submittals, and pending approvals
-Progress on quantities installed vs. SOV
-Summary of coordination meetings and action items
-Identification of any risks, delays, or issues requiring City attention
-Recommendations for corrective actions or adjustments (if applicable)
B.City’s Responsibilities
1.The City shall designate in writing a representative to act as the City's
Representative with respect to the Project and the services to be rendered under this
Agreement (hereinafter referred to as the "City's Representative"). The City's
Representative shall have City transmit instructions, receive information, interpret
and define City's policies and decisions with respect to Consultant's services for the
Project. However, the City's Representative is not authorized to issue any verbal or
written orders or instructions to the Consultant that would have the effect, or be
interpreted to have the effect, of modifying or changing in any way whatever:
7
a.The scope of services to be provided and performed by the Consultant
hereunder;
b.The time the Consultant is obligated to commence and complete all such
services; or,
c.The amount of compensation the City is obligated or committed to pay the
Consultant.
2.The City's Representative shall:
a.Review and make appropriate recommendations on all requests submitted by
the Consultant for payment for services and work provided and performed in
accordance with this Agreement;
b.Provide all criteria and information requested by Consultant as to City’s
requirements, for the event and issuance of a Notice to Proceed.
c.At request from Consultant, assist Consultant by placing at Consultant’s
disposal all available information in the City’s possession pertinent to the
Project and the Services to be provided. Provide notice to Consultant of any
deficiencies or defects discovered by the City with respect to the Project or the
Services to be provided by Consultant hereunder.
d.Arrange for access to and make all provisions of the Consultant to enter the
Project site to perform the services to be provided by Consultant under this
Agreement; and,
e.Provide notice to Consultant of any deficiencies or defects discovered by the
City with respect to the Project or the Services provided by the Consultant
herein.
3. For the purposes of this Agreement, the:
City's Representative shall be:
Name: Fernando Rodriguez, Public Services Department
Title: Director
Address: 100 West Dania Beach Blvd
Dania Beach, Fl 33004
E-mail:frodriguez@daniabeachfl.gov
Office Phone: 954-924-6800 ext. 3740
Project Engineer shall be:
Name: Judeen Johnson
Title: South Florida Water Leader
Address: 7650 Corporate Center Drive, Suite 300
E-mail: Judeen.johnson@wsp.com
Office Phone: (305) 514-3166
8
Engineer of Record shall be:
Name: Judeen Johnson
Title: South Florida Water Leader
Address: 7650 Corporate Center Drive, Suite 300
E-mail: Judeen.johnson@wsp.com
Office Phone: (305) 514-3166
SECTION 3. TIME
(a) The term of this Agreement shall be for the period beginning on June 25, 2025
and ending January 31, 2027. Time periods shall commence from the date of the
applicable Notice to Proceed (NTP). Consultant shall perform the Services within the
time periods specified in Attachment E, as follows:
9
Pre-Construction Phase 2 weeks NTP + 2 weeks
Construction Phase 18 Months NTP + 18.5 Month
Closeout Phase 2 weeks NTP + 19 Months
(b) Consultant must receive a Notice to Proceed from the Contract Administrator prior to
commencement of Services and any phase of Services under this Agreement. Prior to granting
approval for Consultant to proceed to any phase, the Contract Administrator may, at the
Contract Administrator’s sole option, require Consultant to submit the itemized deliverables
and documents identified in Attachment B for the Contract Administrator’s review.
(c) If the Contract Administrator determines that Consultant is unable to timely complete any
portion of the Services because of delays resulting from untimely review by City or other
governmental agencies having jurisdiction over the Project and such delays are not the fault of
Consultant, or because of delays caused by factors outside the control of Consultant, City shall
grant a reasonable extension of time for completion of the Services and shall provide reasonable
compensation, if appropriate. It shall be the responsibility of Consultant to notify the Contract
Administrator in writing whenever a delay in approval by a governmental agency is or
experienced, and whenever a delay has been caused by factors outside of Consultant’s control,
and to inform the Contract Administrator of all facts and details related to the delay. Consultant
must provide such written notice to the Contract Administrator within three (3)
business days after the occurrence of the event causing the delay.
(d) If (a) Contractor fails to substantially complete the Project on or before the substantial
completion date specified in its agreement with City, or (b) if Contractor is granted an
extension of time beyond said substantial completion date and Consultant’s Services are
extended beyond the substantial completion date through no fault of Consultant, then
Consultant shall be compensated in accordance with Article 5 for all Services rendered by
Consultant beyond the substantial completion date.
(e) Notwithstanding Section 4.4, if Contractor fails to substantially complete the Project on or
before the substantial completion date specified in its agreement with City, and the failure to
substantially complete is caused in whole or in part by Consultant, then Consultant shall pay to
City its proportional share of any claim for damages to Contractor arising out of the delay. The
provisions for the computation of delay costs, damages, or any other amounts, whether direct
or indirect, in the agreement between the Contractor and City are incorporated herein. This
section shall not affect the indemnification rights or obligations of either Party otherwise set
forth in this Agreement.
(f) If Services are scheduled to end due to the expiration of this Agreement, at the request of
the Contract Administrator, Consultant agrees to continue to provide Services for an extension
period, not to exceed three months, upon the same terms and conditions as contained in this
Agreement. Consultant shall be compensated for such Services at the rate in effect when the
extension is invoked by City. To exercise an extension authorized by this section, the
10
Purchasing Director shall notify Consultant in writing prior to the end of the term of this
Agreement. Services to be provided by the Consultant shall be commenced subsequent
to the issuance and acceptance of a Notice to Proceed, from the City Representative
for the services to be provided pursuant to the Agreement Documents.
(g) Should Consultant be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of Consultant, and not
due to its own fault or neglect, including but not restricted to acts of God or of public
enemy, acts of government or of the City, fires, floods, epidemics, quarantine
regulations, strikes or lock-outs, then Consultant shall notify City in writing no more
than 24 hours after commencement of such delay, stating the cause or causes thereof,
or be deemed to have waived any right which Consultant may have had to request a
time extension.
(h) No interruption, interference, inefficiency, suspension or delay in the commencement
or progress of Consultant's services from any cause whatsoever, including those for
which City may be responsible in whole or in part, shall relieve Consultant of its duty
to perform or give rise to any right to damages or additional compensation from City.
Consultant's sole remedy against City will be the right to seek an extension of time to
its schedule. This paragraph shall expressly apply to claims for early completion, as
well as claims based on late completion. Provided, however, if through no fault or
neglect of the Consultant, the services to be provided hereunder have not been
completed within the schedule identified in the Work Authorization, the Consultant's
compensation shall be equitably adjusted, with respect to those services that have not
yet been performed, to reflect the incremental increase in costs experienced by
Consultant.
(i) Should the Consultant fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely and reasonable manner, in addition to
any other rights or remedies available to the City hereunder, the City at its sole
discretion and option may suspend the Agreement until such time as the Consultant
resumes performance of its obligations hereunder in such a manner so as to reasonably
establish to the City's satisfaction that the Consultant's performance is or will shortly
be back on schedule.
SECTION 4: NOTICE
All notices, demands, requests or other communication shall be in writing and same shall be
given by hand delivery, transmitting same by Federal Express or similar delivery method, or
by registered or certified mail, postage prepaid, return receipt requested, addressed to the party
at the address set forth below, or at such other address or addresses and to such other person
or firm as City or Consultant may from time to time designate in writing.
11
AS TO CITY:
Ana M. Garcia, ICMA-CM, City Manager
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
with a copy to:
Eve A. Boutsis, City Attorney
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
AS TO CONSULTANT:
Metric Engineering Services, Inc.
13940 SW 136 Street, Suite 200,
Miami, Florida 33186
SECTION 5. AGREEMENT TERM, RENEWALS AND EXTENSIONS
1. Term: The term of this Agreement shall commence upon the date of execution effective
the latest date signed by the parties and shall expire or before January 31, 2027.
2. Renewals: This Agreement may be renewed only as agreed to in writing by the City
and the Consultant. The City reserves the right to evaluate the services provided and
cost prior to the renewal of the Agreement to ensure cost are reasonable based on
services and market rates. All renewals shall be in writing and agreed to by both
parties.
SECTION 6. CHANGES; MODIFICATIONS TO AGREEMENT
1. City may at any time by written order agreed by Consultant and signed by the parties,
make changes to the general scope of this Agreement in the services to be performed.
2. No service shall be furnished by Consultant for which an additional cost or fee will
be charged without prior written consent of City.
3. All modifications to this Agreement shall be in written form, signed by the parties
except as provided herein. City may modify the Agreement unilaterally under the
following circumstances:
a) Pursuant to specific authorization if stated elsewhere in the Agreement; or
b) For City administrative purposes that do not affect the rights of responsibilities
of the parties, which may include but is in no way limited to changes of address.
12
4. The City and the Consultant agree that this Agreement together with the Attachments
hereto, sets forth the entire Agreement between the parties, and that there are no
promises or understandings other than those stated herein. None of the provisions,
terms and conditions contained in this Agreement may be added to, modified,
superseded or otherwise altered, except by written instrument executed by the parties
hereto in accordance with the Agreement. In the event of any conflict or inconsistency
between this Agreement and the provisions in the incorporated Attachments, the
terms of this Agreement shall supersede and prevail over the terms in the
Attachments.
5. If the City so instructs in writing, the Consultant shall suspend work on that portion
of the Scope of Work or Notice to Proceed affected by a contemplated change,
pending the City's decision to proceed with the change. Consultant shall be entitled to
invoice City for that portion of the work completed prior to receipt of the written
notice.
6. If the City elects to make the change, the City shall initiate a Agreement Amendment
and the Consultant shall not commence work on any such change until such written
amendment is signed by the Consultant and the City.
SECTION 7. INDEPENDENT CONTRACTOR
Consultant is an independent contractor under this Agreement, and nothing in this
Agreement shall be constitute or create a partnership, joint venture, or any other relationship
between the Parties. In providing Services under this Agreement, neither Consultant nor its
agents shall act as officers, employees, or agents of the City. Consultant shall not have the
right to bind the City to any obligation not expressly provided for in this Agreement.
SECTION 8. VENUE
Venue for all actions arising under this Agreement, and all work pertaining thereto, shall
lie in Broward County, Florida.
SECTION 9. PROHIBITION OF LIENS
Consultant is prohibited from claiming a lien on property owned by City. This prohibition
shall apply to all subcontractors.
SECTION 10. SEVERABILITY
If any provision of this Agreement is determined to be illegal, invalid or unenforceable,
such provision shall be deemed struck here from and all remaining provisions of the
Agreement shall remain binding upon the parties. If any provision is struck under this
Section, there will be added in lieu thereof, by written agreement between the parties, a
provision as similar in terms to such struck provision as its possible which is legal, valid
and enforceable.
13
SECTION 11. GENERAL MATTERS
1. Terms used in this Agreement which are defined in Section 13. Standard Terms and
Conditions (STAC) of the Agreement shall have the meanings designated in the
STAC.
2. The Agreement Documents, which constitute the entire Agreement between the City
and Consultant, are listed in Section 1.
3. Consultant, in representing City, shall promote the best interest of City and assume
towards City a duty of the highest trust, confidence and fair dealing.
SECTION 12. COMPENSATION
1. Compensation and the manner of payment of such compensation by the City for
services provided hereunder by Consultants shall be pursuant to Attachment E.
2.The total amount to be paid under this Agreement for the Services and deliverables
pursuant to Consultant Service Authorization (“CSA), Attachment E, shall not
exceed $798,624.75, unless otherwise approved in writing in accordance with the
terms and conditions of this Agreement.
3. The Consultant shall submit an invoice sufficient for pre- and post-audit review, to the
City for services provided during the invoice period. Each invoice shall provide a
summary of the tasks performed under each Project deliverable. Each invoice shall
also include a statement that shows a summary of fees with an accrual of the total fees
billed and credits for portions paid previously. Invoices shall be submitted no more
than monthly.
4. The City reserves the right to withhold payment to Consultant for failure to perform
the work in accordance with the provisions of this Agreement. Invoices received by
the City from the Consultant pursuant to this Agreement will be reviewed and
approved in writing by the Agreement Representative, who shall indicate whether
services were rendered in conformity with the Agreement Documents. The City
Representative shall notify the Consultant in writing of any reason for not approving
an invoice and request corrective action.
5. Approved invoices shall be paid within thirty (30) days following the City
Representative’s approval. Payments will be process in accordance with the Florida
Prompt Payment Act.
6. In order for both Parties herein to close its books and records, the Consultant will
clearly state “FINAL INVOICE” on the final and last billing to the City for this
Agreement. The final invoice shall also certify that al services provided by Consultant
were performed in accordance with the Agreement Documents and all charges and
costs invoiced to the City. Because the project account thereupon will be closed, any
14
and other further charges not included on the final invoice are waived by the
Consultant. Acceptance of the final payment by the Consultant shall constitute a
waivers and liens against the City for additional payment. No travel and meal costs
will be reimbursable unless incurred outside of Miami-Dade, Broward and Palm
Beach Counties, which costs shall be approved in writing in advance by the City.
Any such costs are payable at the City reimbursement rate.
7. Any necessary additional work, as determined by City, which is not covered by the
approved written proposal, shall not be undertaken without a written amendment to
this Agreement executed by both parties in advance of any work.
8. Consultant shall submit its invoices in the format and with supporting documentation
as may be required by City.
SECTION 13. STANDARD TERMS AND CONDITIONS (STAC)
A. DEFINITIONS
Wherever used in these Standard Terms and Conditions or in the other Agreement documents
the terms below have the meanings indicated which are applicable to both the singular and
plural thereof.
Addenda - Written or graphic instruments issued prior to the opening of responses which
clarify, correct, or change the responding documents or the Agreement documents.
Proposal - The advertisement or invitation calling for bids or proposals, instructions, and
forms contained in the RFQ 25-008 (Consultant’s Proposal, all required forms,
certifications and documentations as well as all addenda issued prior to receipt of
Proposals).
Consultant- Any firm, individual or entity and sub-contractors/sub-contractors submitting
proposals in response to RFQ 25-008.
Agreement Documents - The Agreement documents, agreement, addenda (which pertain
to the Agreement documents), the Proposal (including documentation accompanying the
response and any post-response documentation submitted prior to the notice of award)
when attached as an Attachment to the agreement, these Standard Terms and Conditions,
together with all amendments, modifications, and supplements.
Consultant - The successful Consultant with whom the City has entered into the Agreement.
Effective Date of the Agreement - The date indicated in the Agreement on which it
becomes effective, but if no such date is indicated it means the date on which the Agreement
is signed and delivered by the last of the two parties to sign and deliver.
15
Written Amendment (or Modification) - A written amendment of the Agreement
documents, signed by the City and the Consultant on or after the effective date of the
Agreement documents.
Failure to Execute Required Forms – Failure to execute the required forms shall result
in entity being disqualified and the response will be rejected.
B. PARTS, MATERIALS, AND EQUIPMENT
Unless otherwise specified in the Agreement documents, the Consultant shall furnish and
assume full responsibility for all services, materials, equipment, labor, transportation,
machinery, tools, and all other incidentals necessary for the completion of the work.
C. COMPLIANCE WITH LAWS
In performance of the services, Consultant shall comply with all applicable laws and
regulations, orders, codes, criteria and standards of federal, state and local governments.
D. INTENT OF AGREEMENT DOCUMENTS
If before or during the performance of the services to be performed under the Agreement,
Consultant discovers a conflict, error or discrepancy in the Agreement Documents,
Consultant immediately shall report same to the City in writing and before proceeding with
the work affected thereby shall obtain a written interpretation or clarification from the City.
In the event of conflicts, the Agreement documents shall control in the following order of
precedence.
1. Contract with latest, Addenda, Amendments, or Change Orders
2. Plans, Drawings and Specifications
3.City’s Request for Qualifications (“RFQ”) 25-008
4.Consultant’s Proposal i.e., response to RFQ 25-008
E. INSURANCE REQUIREMENTS
A selected Consultant shall not commence services under an Agreement until it has obtained
all insurance required under this paragraph and as required by the Agreement, and not until
such time that the coverages are approved by the Risk Manager of the City. The Consultant
shall not allow any employee of Consultant or any subcontractor to commence services on any
subcontract until the subcontractor and all coverages required of any subcontractor have been
obtained and approved by the Risk Manager of the City. In addition, the Consultant shall be
responsible for any and all policy deductibles and self-insured retentions.
16
The following are requirements that must be met regarding the Consultant’s delivery of
Certificates of Insurance for all coverages required in the Agreement and Proposal Documents:
“Preliminary” certificate means that certificates of insurance verifying all general insurance
requirements (as noted below) must be included with your Proposals submittal on the date and
time of the opening of Proposals.
If the “preliminary” certificates are not included with a submittal, then the City has the right
to consider the submitted response as non-responsive on the date and time of the response
opening. “Preliminary” Certificates may be issued without documentation of all “Special
Provisions”. However, Consultants must understand that all provisions, including “Special
Provisions” noted below, are expected to be fully documented on or attached to the “Official”
Certificates of Insurance as described below.
“Official” Certificates of Insurance must be delivered to the City Clerk’s office and Risk
Manager of the City. If the “Official” certificates are not delivered before or on the fourteenth
(14th) Business Day after the issuance by the City of the “Notice of Selected Consultant”, then
the City has the right to consider the awarded Agreement to the successful Consultant as void
and to negotiate a Agreement with the next best qualified Consultant. “Special Provisions”,
as referenced below under each type of insurance requirement shall be fully confirmed on or
attached to the “Official” certificates.
All Certificates of Insurance must clearly identify the Agreement to which they pertain,
including a brief description of the subject matter of the Agreement. The certificates shall
contain a provision that coverage afforded under the policies will not be canceled until at least
thirty (30) days’ prior written notice has been given to City. If this coverage is not provided,
then the Consultant is responsible for such notice to City. Insurance policies for required
coverages shall be issued by companies authorized to do business under the laws of the State
of Florida and any such companies’ financial ratings must be no less than A-VII in the latest
edition of the “BEST’S KEY RATING GUIDE”, published by A.M. Best Guide. In the event
that the insurance carrier’s rating shall drop, the insurance carrier shall immediately notify the
City in writing.
Coverages shall be in force until all services required to be performed under the terms of the
Agreement, including any applicable warranty period, is satisfactorily completed as evidenced
by the formal written acceptance by the City. In the event insurance certificates provided to
City indicate that the insurance shall terminate and lapse during the period of the Agreement,
including any applicable warranty period, then in that event, the Consultant shall furnish, at
least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate
of Insurance as proof that equal and like coverages for the balance of the period of the
Agreement, including any extension of it, and including any applicable warranty period, is in
effect. THE CONSULTANT AND ANY APPROVED SUBCONTRACTOR SHALL
NOT PERFORM OR CONTINUE SERVICES PURSUANT TO THE AGREEMENT,
UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT. ANY
DELAY IN THE WORK CAUSED BY A LAPSE IN COVERAGE SHALL BE NON-
EXCUSABLE, SHALL NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL
17
BE SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE
AGREEMENT OR ELSEWHERE IN THE RFQ DOCUMENTS CONCERNING
DELAY.
The Consultant shall secure and maintain throughout the duration of the Agreement, insurance
of such types and in such amounts not less than those specified below as satisfactory to City
naming the City as 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 be
primary insurance with respect to the City, its officials, employees, agents and volunteers
naming the City as additional insured. Any 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 Consultant as it deems necessary or prudent.
Commercial General Liability coverage with limits of liability of not less than a $1,000,000.00
per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability
Insurance shall also include Completed Operations and Product Liability coverages and
eliminate the exclusion with respect to property under the care, custody and control of
Consultant. The General Aggregate Liability limit and the Products/Completed Operations
Liability Aggregate limit shall be in the amount of $2,000,000.00 each.
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,
subcontractor or agent of the Consultant shall be allowed to provide services pursuant to this
underlying RFQ who is not covered by Workers Compensation insurance.
Business Automobile Liability with minimum limits of $1,000,000.00 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 Non-Owned Vehicles.
Professional Liability Insurance in an amount of not less than One Million Dollars
($1,000,000.00) per occurrence, single limit.
Coverage shall apply for a minimum of three years following completion of the services.
The above are minimum requirements for projects up to $100,000.00. For projects over
$100,000.00, the following increased limits are required:
•General Liability: $2,000,000.00
•Per Occurrence/$4,000,000 Aggregate
•Automobile Liability: $2,000,000.00
•Professional Liability: $3,000,000.00 Per Occurrence
18
F. WAIVER OF CLAIMS
Consultant’s acceptance of final payment shall constitute a full waiver of any and all claims
related to the obligation of payment by it against the City arising out of this Agreement or
otherwise related to the Project, except those previously made in writing and identified by the
Consultant as unsettled at the time of the final payment. Neither the acceptance of the
Consultants services nor payment by the City shall be deemed to be a waiver of the City’s
right against the Consultant.
G. TRUTH IN NEGOTIATION REPRESENTATIONS
1. Consultant warrants that Consultant has not employed or retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or
secure this Agreement and that Consultant has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, gift or any other
consideration contingent upon or resulting from the award or making of this
Agreement.
2. In accordance with provisions of Section 287.055(5)(a), Florida Statutes, the
signature of this Agreement by the Consultant shall also act as the execution of a truth
in negotiation certificate certifying that the wage rates, overhead charges, and other
costs used to determine the compensation provided for in this Agreement are accurate,
complete and current as of the date of the Agreement and no higher than those charged
the Consultant's most favored customer for the same or substantially similar service.
Should the City determine that said rates and costs were significantly increased due to
incomplete, noncurrent or inaccurate representation, then said rates and compensation
provided for in this Agreement shall be adjusted accordingly.
H. TERMINATION OR SUSPENSION
1.C
onsultant shall be considered in material default of this Agreement and such default will be considered cause for City to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) failure to begin and continue
Services under the Agreement in accordance with the RFQ, (b) failure to properly and timely perform the services to be provided hereunder or as directed by City pursuant
to this Agreement, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by Consultant or by any of Consultant's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct,
or (e) failure to perform or abide by the terms or spirit of this Agreement; or (f)
Consultant’s failure to suitably or continuously perform the Services in a manner calculated to meet or accomplish the objectives in this Agreement or Work Authorization, or repeated
(whether negligent or intentional) submission for payment of false or incorrect bills or invoices;
(g) by the Contract Administrator for any fraud, misrepresentation, or material
misstatement by Consultant in the award or performance of this Agreement or that
violates any applicable requirement of Section 1-81, Broward County Code of Ordinances; or (h) by the Contract Administrator upon the disqualification of Consultant as a
19
CBE or SBE if Consultant’s status as a CBE or SBE was a factor in the award of this Agreement
and such status was misrepresented by Consultant, or upon the disqualification of one or more of Consultant’s CBE or SBE participants by County’s Director of the Office of Economic and
Small Business Development (OESBD) if any such participant’s status as a CBE or SBE firm
was a factor in the award of this Agreement and such status was misrepresented by Consultant during the procurement or the performance of this Agreement; or (i) for any other just cause.
The City may so terminate this Agreement, in whole or in part, by giving the Consultant
a 30 calendar day written notice. If deficiencies are not corrected within the 30 calendar days, the City may, at its option, perform the required services or Agreement to have
them performed and deduct the cost of those services from the agreement cost. In the event of such default and termination, any completed services performed by the
Contractor under the agreement shall, at the option of the City become the City's
property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. The Contractor, however, shall not be
relieved of liability to the City for damages sustained by the City,by reason of any
breach of the agreement by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the amount of damages due
to the City from the Contractor can be determined. In addition to any termination rights
stated in this Agreement, City shall be entitled to seek any and all available contractual or other remedies available at law or in equity.
It is agreed upon that if the Consultant is adjudged bankrupt, either voluntarily or involuntarily, then this Agreement shall terminate effective the date and at the time the
bankruptcy petition is filed. Upon such filing of Bankruptcy, Consultant will
automatically be in default of this Agreement and the provisions of Article 9 will be enforced at City’s discretion.
2. If, after notice of termination of this Agreement as provided for in paragraph H.1 above, it is determined for any reason that Consultant was not, in default, or that its
default was excusable, or that City otherwise was not entitled to the remedy against Consultant provided for in paragraph I.1, then the notice of termination given pursuant
to paragraph I.1 shall be deemed to be the notice of termination provided for in
paragraph I.3 below and Consultant's remedies against City shall be the same as and limited to those afforded Consultant under paragraph I.3 below.
3. City shall have the right to terminate this Agreement, in whole or in part, without cause
immediately upon certified presentation of written termination notice. Presentations
can be by certified mail, return receipt requested, or signed hand delivery receipt from
a process service, private or Sheriff’s deputy. In the event of such termination for
convenience, Consultant's recovery against City shall be limited to that portion of the
fee earned through the date of termination, together with any retainage withheld and
any costs reasonably incurred by Consultant that are directly attributable to the
termination, but Consultant shall not be entitled to any other or further recovery
against City, including, but not limited to, anticipated fees or profits on work not
required to be performed.
4. Upon termination, the Consultant shall deliver to the City all original papers, records,
documents, drawings, models, and other material set forth and described in this
Agreement.
20
The City shall have the power to suspend all or any portions of the services to be provided
by Consultant hereunder upon giving Consultant a 30 calendar day prior written notice of
such suspension. If all or any portion of the services to be rendered hereunder are so
suspended, the Consultant's sole and exclusive remedy shall be to seek an extension of time
to its schedule in accordance with the procedures set forth in Agreement.
I. PERSONNEL
1. The Consultant is, and shall be, in the performance of all work services and activities
under this Agreement, an Independent Consultant, and not an employee, agent, or
servant of the City. All persons engaged in any of the work or services performed
pursuant to this Agreement shall at all times, and in all places, be subject to the
Consultant's sole direction, supervision, and control. The Consultant shall exercise
control over the means and manner in which it and its employees perform the work,
and in all respects the Consultant's relationship and the relationship of its employees
to the City shall be that of an Independent Consultant and not as employees or agents
of the City.
2. The Consultant represents that it has, or will secure at its own expense, all necessary
personnel required to perform the services under this Agreement. Such personnel
shall not be employees of or have any contractual relationship with the City, nor shall
such personnel be entitled to any benefits of the City including, but not limited to,
pension, health and workers' compensation benefits.
3. All of the services required hereunder shall be performed by the Consultant or under
its supervision, and all personnel engaged in performing the services shall be fully
qualified and, if required, authorized or permitted under state and local law to perform
such services.
4. Any changes or substitutions in the Consultant's key personnel, as may be listed in
Consultant’s statement of qualifications, must be made known to the City's
Representative and written approval must be granted by the City's Representative
before said change or substitution can become effective, said approval for which shall
not unreasonably be withheld.
5. The Consultant warrants that all services shall be performed by skilled and competent
personnel to professional standards applicable to firms of similar local and national
reputation. All inspection personnel assigned to the project shall be fully knowledgeable of
the project’s contract documents and technical specifications.
6. Field inspection personnel shall perform services under a standard 40-hour work week,
Monday through Friday. No additional hours, including nights, weekends, or holidays, shall
be authorized unless The City issues prior written approval, or - An emergency arises, and
the City confirms CEI presence is required.
21
I. SUBCONTRACTING
Consultant shall not subcontract any services or work to be provided to City without the prior
written approval of the City's Representative. The City reserves the right to accept the use of
a subcontractor or to reject the selection of a particular subcontractor and to inspect all
facilities of any subcontractors in order to make a determination as to the capability of the
subcontractor to perform properly under this Agreement. The City's acceptance of a
subcontractor shall not be unreasonably withheld. The Consultant is encouraged to seek
minority and women business enterprises for participation in subcontracting opportunities.
Furthermore, all subcontractors shall be held to the same standards, terms and conditions of
this Agreement Document.
J. FEDERAL AND STATE TAX
1. The City is exempt from payment of Florida state sales and use taxes. The Consultant
shall not be exempted from paying sales tax to its suppliers for materials used to fulfill
contractual obligations with the City, nor is the Consultant authorized to use the City's
tax exemption number in securing such materials.
2. The Consultant shall be responsible for payment of its own and its share of all federal,
state and local taxes, including its employees' payroll, payroll taxes, and benefits with
respect to this Agreement.
K. OWNERSHIP AND MAINTENANCE OF DOCUMENTS
3. Upon completion or termination of this Agreement, all records, documents, pictures,
maps, reports, computer assisted design other technical data, other than working
papers, prepared or developed by Consultant under this Agreement shall be delivered
to and become the property of City. Consultant, at its own expense.
4. The City and the Consultant shall comply with the provisions of Chapter 119, Florida
Statutes, pertaining to public records. Consultant assumes no liability for the use of
such documents by the City or others for purposes not intended under this Agreement.
5. Consultant will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
Consultant for a minimum of five (5) years from the date of termination of this
Agreement or the date the Project is completed, whichever is later.
6. City, or any duly authorized agents or representatives of City, shall have the right to
audit, inspect and copy all such records and documentation as often as they deem
necessary during the period of this Agreement and during the five (5) year period noted
above; provided, however, such activity shall be conducted only during normal
business hours.
22
7.In addition to other Agreement requirements provided by law, the Consultant shall:
(a)Keep and maintain public records that ordinarily and necessarily would be
required by the City in order to perform the service.
(b)Provide the public with access to public records on the same terms and
conditions that the City would provide the records and at a cost that does not exceed
the cost provided in the City’s public records policy.
(c)Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law.
(d)Meet all requirements for retaining public records and transfer, at no cost, to the
City all public records in possession of the Consultant upon termination of the
Agreement and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the City in a format that is compatible with the
information technology systems of the City.
8. If the Consultant does not comply with a public records request, the City shall enforce
the Agreement in accordance with Section H. hereof.
9. The Consultant shall be required to cooperate with the City and other consultants
relative to providing information requested in a timely manner and in the specified
form. Any and all documents, records, disks, original drawings, or other information
shall become the property of the City for its use and/or distribution as may be deemed
appropriate by the City. Consultant is no liable for any damages, injury or costs
associated with the City use or distribution of these documents for purposes other than
those originally intended by Consultant. Consultant shall comply with the public
records laws embodied in chapter 119, Florida Statutes, and specifically shall:
(j) Keep and maintain public records required by the City in order to perform the Scope
of Services identified in the agreement.
(ii) Upon request from the City provide the City with any requested public records
or allow the requested records to be inspected or copied within reasonable time by
the City.
(iii) 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 term and thereafter if the Consultant does not
transfer all records to the City.
(iv) Transfer, at no cost, to City all public records in possession of the Consultant
upon termination of this Agreement and destroy any duplicative public records that
are exempt or confidential and exempt from public records disclosure requirements.
23
All records stored electronically must be provided to the City, upon request from the
City, in a format that is compatible with the information technology systems of the
City. If the Consultant keeps and maintains public records upon conclusion of this
Agreement, the Consultant shall meet all applicable requirements for retaining
public records that would apply to the City.
(v) If Consultant does not comply with a public records request, the City shall
treat that omission as breach of this Agreement and enforce the Agreement
provision accordingly. Additionally, if the Consultant fails to provide records
when requested, the Consultant may be subject to penalties under section 119.10,
Florida Statutes and reasonable costs of enforcement, including attorney fees.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS:
Name / Title: ELORA RIERA, CITY CLERK
Mailing Address: 100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
Telephone number: 954-924-9800, Ext. 3623
Email: eriera@daniabeachfl.gov
L. AS-BUILT DRAWING AND CLOSE-OUT DOCUMENTATION
VERIFICATION
Consultant shall review and confirm the accuracy of As-Built drawings submitted by the
Contractor. The CEI shall verify that these drawings match field conditions prior to
recommending certification and project close-out. CEI shall confirm that all closeout
documentation inclusive of A-Built, warranties, etc. is received.
M. PHOTOGRAPHIC MEDIA
Consultant shall take photographs for all major activities which shall include:
•Pre-construction site conditions
•During-activity progress (e.g., trench excavation, pipe bedding,
compaction, concrete placement)
•Post-activity final condition
•Date/time stamp and location identification
Photographic records shall be organized and submitted to the City monthly or upon request.
24
N INDEMNIFICATION
a. The Consultant agrees to indemnify and hold harmless and defend the City, its
officers, agents and employees against any loss, damage or expense (including all costs and
reasonable attorneys' fees) suffered by City from any claim, demand, judgment, decree, or
cause of action of any kind or nature arising out of any negligent error, omission, negligent
act, recklessness, or intentionally wrongful act of Consultant, its agents, servants, or
employees, in the performance of services under this Agreement.
b. The Consultant agrees to indemnify and hold harmless the City, its officers, agents
and employees against any loss, damage or expense (including all costs and reasonable
attorneys’ fees) suffered by City from (a) any breach or misconduct by the Consultant of this
Agreement, (b) any inaccuracy in or breach of any of the representations, warranties or
covenants made by the Consultant herein, (c) any claims, suits, actions, damages or causes
of action arising during the term of this Agreement for any personal injury, loss of life or
damage to property sustained by reason or as a result of performance of this Agreement by
the Consultant and the Consultant's agents, employees, invitees, and (d) Consultant
acknowledges and agrees that City would not enter into this Agreement without this
indemnification of City by Consultant, and that City's entering into this Agreement shall
constitute good and sufficient consideration for this indemnification. These provisions shall
survive the expiration or earlier termination of this Agreement. Nothing in this Agreement
shall be construed to affect in any way the City's rights, privileges, and immunities as set
forth in Section 768.28, Florida Statutes.
c. Consultant acknowledges that the general conditions of any construction contract
shall include language, satisfactory to the City’s attorney, in which the Consultant agrees to
hold harmless and to defend City, Consultant, their agents and employees, from all suits and
actions, including attorney’s fees, and all costs of litigation and judgments of any name and
description arising out of or incidental to the performance of the construction contract or
work performed thereunder. City acknowledges that Consultant shall be expressly named as
an indemnified party, and shall be held harmless, in the general conditions of any construction
contract, and shall be named as an additional insured in any Consultant’s insurance policies.
d. The first ten dollars ($10.00) of remuneration paid to Consultant under this
Agreement shall be in consideration for the indemnification provided for in this section.
O. SUCCESSORS AND ASSIGNS
The City and the Consultant each binds itself and its successors, executors, administrators
and assigns to the other party of this Agreement and to the successors, executors,
administrators and assigns of such other party, in respect to all covenants of this Agreement.
Except as above, neither the City nor the Consultant shall assign, sublet, convey or transfer
its interest in this Agreement without the written consent of the other. Nothing herein shall
be construed as creating any personal liability on the part of any officer or agent of the City
which may be a party hereto, nor shall it be construed as giving any rights or benefits
hereunder to anyone other than the City and the Consultant.
25
P. REMEDIES AND GOVERNING LAW
(1) This Agreement shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Agreement shall be held in Broward County, Florida. No
remedy herein conferred upon any party is intended to be exclusive of any other remedy, and
each and every such remedy shall be cumulative and shall be in addition to every other remedy
given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No
single or partial exercise by any party of any right, power, or remedy hereunder shall preclude
any other or further exercise thereof.
(2) WAIVER OF JURY TRIAL. EACH PARTY IRREVOCABLY AND
UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY
LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING
OUT OF OR RELATING TO (a) THIS AGREEMENT, INCLUDING ANY
ATTACHMENTS OR DOCUMENTS ATTACHED TO THIS AGREEMENT; (b) ANY
OTHER DOCUMENT OR INSTRUMENT NOW OR HEREAFTER EXECUTED AND
DELIVERED IN CONNECTION WITH THIS AGREEMENT; OR (c) THE
TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. THIS WAIVER SHALL
SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
Q. CONFLICT OF INTEREST AND REPRESENTATIONS
(1) The Consultant represents that it has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance of services
required hereunder, as provided for in the Code of Ethics for Public Officers and
Employees (Chapter 112, Part III, Florida Statutes). The Consultant further represents
that no person having any interest shall be employed for said performance.
(2) The Consultant shall promptly notify the City, in writing, by certified mail, of all
potential conflicts of interest for any prospective business association, interest or other
circumstance which may influence or appear to influence the Consultant's judgment
or quality of services being provided hereunder. Such written notification shall
identify the prospective business association, interest or circumstance, the nature of
work that the Consultant may undertake and request an informed determination from
the City as to whether the association, interest or circumstance would be reviewed by
the City as constituting a conflict of interest if entered into by the Consultant. The
City agrees to notify the Consultant of its opinion by certified mail within thirty (30)
days of receipt of notice by the Consultant. Such determination may be appealed to
the Board of Directors by the Consultant within thirty (30) days of the City notice to
the Consultant. If, in the opinion of the City, the prospective business association,
interest or circumstance would not constitute a conflict of interest by the Consultant,
or City shall so state in the notice and the Consultant shall, at its option, enter into
said association, interest or circumstance and it shall be deemed not in conflict of
interest with respect to services provided to the City by the Consultant under the terms
of this Agreement.
26
(3) Representation of Authority. Consultant represents and warrants that this Agreement
constitutes the legal, valid, binding, and enforceable obligation of Consultant, and that neither
the execution nor performance of this Agreement constitutes a breach of any agreement that
Consultant has with any third party or violates Applicable Law. Consultant further represents
and warrants that execution of this Agreement is within Consultant’s legal powers, and each
individual executing this Agreement on behalf of Consultant is duly authorized by all
necessary and appropriate action to do so on behalf of Consultant and does so with full legal
authority.
(4) Claims Against Consultant. Consultant represents and warrants that there is no action or
proceeding, at law or in equity, before any court, mediator, arbitrator, governmental, or other
board or official, pending or, to the knowledge of Consultant, threatened against or affecting
Consultant, the outcome of which may (a) affect the validity or enforceability of this
Agreement, (b) materially and adversely affect the authority or ability of Consultant to perform
its obligations under this Agreement, or (c) have a material and adverse effect on the
consolidated financial condition or results of operations of Consultant or on the ability of
Consultant to conduct its business as presently conducted or as proposed or contemplated to be
conducted.
(5) Solicitation Representations. Consultant represents and warrants that all statements and
representations made in Consultant’s proposal, bid, or other supporting documents submitted
to City in connection with the solicitation, negotiation, or award of this Agreement, including
during the procurement or evaluation process, were true and correct when made and are true
and correct as of the date Consultant executes this Agreement, unless otherwise expressly
disclosed in writing by Consultant.
(6) Prohibited Telecommunications Equipment. Consultant represents and certifies that it and its
Subconsultants do not use any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system, as such terms are used in 48 CFR §§
52.204-24 through 52.204-26. Consultant represents and certifies that Consultant and its
Subconsultants shall not provide or use such covered telecommunications equipment, system,
or services for the duration of this Agreement.
R. DEBT
The Consultant shall not pledge the City's credit or make it a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien or any form of indebtedness. The
Consultant further warrants and represents that it has no obligation or indebtedness that
would impair its ability to fulfill the terms of this Agreement.
S. NONDISCRIMINATION
The Consultant warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin,
ancestry, marital status, or sexual orientation.
27
T. ENFORCEMENT COSTS
If any legal action or other proceeding is brought for the enforcement of this Agreement, or
because of an alleged dispute, breach, default or misrepresentation in connection with any
provisions of this Agreement, the successful or prevailing party or parties shall be entitled to
recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not
taxable as court costs (including, without limitation, all such fees, costs and expenses incident
to appeals), incurred in that action or proceeding, in addition to any other relief to which such
party or parties may be entitled.
U. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR
IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING
Respondents are hereby notified of the provisions of section 287.05701, Florida Statutes, as
amended, that the City will not request documentation of or consider a Respondent's social,
political, or ideological interests when determining if the Respondent is a responsible
Respondent. Respondents are further notified that the City's governing body may not give
preference to a Respondent based on the Respondent's social, political, or ideological interests.
V. BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. § 1352 (as amended):
Contractors who apply or submit a Proposal for an award of $100,000.00 or more shall file
the required certification. Each tier certifies to the tier above that it will not and has not used
federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with obtaining any federal
contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose
any lobbying with non-federal funds that takes place in connection with obtaining any federal
award. Such disclosures are forwarded from tier to tier up to the recipient.
W. FINANCIAL RECORDS
The Consultant shall maintain accurate and complete financial records of its activities and
operations relating to this Agreement in accordance with generally accepted accounting
principles. Consultant shall maintain adequate records to justify all charges and costs incurred
in performing the services for at least three (3) years after completion of this Agreement.
Consultant agrees that the City, or its authorized representatives, shall have access to and the
right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or
records relating to this Agreement during normal business hours. All such materials shall be
maintained by Consultant at a location in Broward County, Florida; provided that if any such
material is located outside Broward County, then, at the City’s option the City shall pay
Consultant for travel, per diem, and other costs incurred by Consultant to examine, audit,
excerpt, copy or transcribe such material at such other location. The City shall make a
reasonable effort to maintain the confidentiality of such audit report(s).
28
X. SOVEREIGN IMMUNITY
Consultant acknowledges that the Florida Doctrine on Sovereign Immunity bars all
claims by Consultant against the City other than claims arising out of this Agreement.
Specifically, the Consultant acknowledges that it cannot and will not assert any claims against
the Consultant, unless the claim is based upon a breach by the Consultant of this Agreement.
Further, the Consultant recognizes the Consultant is a sovereign with regulatory authority that
it exercises for the health, safety, and welfare of the public. Nothing in this Agreement shall
be deemed or treated as a waiver by the City of any immunity to which it is entitled by law,
including but not limited to the City’s sovereign immunity as set forth in Section 768.28,
Florida Statutes. This Agreement in no way estops or affects the Consultant' s exercise of that
regulatory authority. In addition, the Consultant retains the full extent of its sovereign
immunity in relation to the exercise of its regulatory authority. The Consultant acknowledges
that it has no right and will not make claim based upon any of the following:
Claims based upon any alleged breach by the Consultant of implied warranties or
representations not specifically set forth in this Agreement, as the parties stipulate that there
are no such implied warranties or representations of the Consultant. All obligations of the
Consultant are only as set forth in this Agreement:
a. Claims based upon negligence or any tort arising out of this Agreement;
b. Claims upon alleged acts or inaction by the City, its commissioners, attorneys,
administrators, Consultants, agents, or any Consultant employee; and
c. Claims based upon an alleged waiver of any of the terms of this Agreement unless such
waiver is in writing and signed by an authorized representative for the Consultant and
Consultant.
Y. SCRUTINIZED COMPANIES
Consultant shall certify that it is not on the Scrutinized Companies that Boycott Israel List
created pursuant to Section 215.4725, Florida Statutes (2018), and that it is not engaged in a
boycott of Israel. The City may terminate this Agreement at the City's option if Consultant is
found to have submitted a false certification as provided under subsection (5) of section
287.135, Florida Statutes (2018), as may be amended or revised, or been placed on the
Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida
Statutes (2018), as may be amended or revised, or is engaged in a boycott of Israel.
Z. VERIFICATION OF EMPLOYMENT ELIGIBILITY
Consultant represents that Consultant, and each Subcontractor has registered with and uses the
E-Verify system maintained by the United States Department of Homeland Security to verify
the work authorization status of all newly hired employees in compliance with the
requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not
violate that statute. If Contractor violates this section, City may immediately terminate this
Agreement for cause and Contractor shall be liable for all costs incurred by City due to the
termination.
29
AA. CONTINGENCY FEE
Consultant represents that it has not paid or agreed to pay any person or entity, other than a
bona fide employee working solely for Consultant, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this Agreement.
If this Agreement is subject to section 287.055, Florida Statutes, the Parties agree and stipulate
that the statutory language stated in Section 287.055(6)(a) is deemed included and fully
incorporated herein.
BB. MISCELLANEOUS
(I) Legal Representation. It is acknowledged that each party to this Agreement
had the opportunity to be represented by counsel in the preparation of this Agreement.
(II) Headings. Headings in this document are for convenience of reference only
and are not to be considered in any interpretation of this Agreement.
(III) Attachments. Each Attachment referred to in this Agreement forms an
essential part of this Agreement and each such Attachment is incorporated by this
reference.
(IV) Severability. If any provision of this Agreement or the application of it to any
person or situation shall to any extent be held invalid or unenforceable, the remainder
of this Agreement, and the application of such provisions to persons or situations other
than those as to which it shall have been held invalid or unenforceable, shall not be
affected, shall continue in full force and effect, and shall be enforced to the fullest
extent permitted by law.
(V) All Prior Agreements Superseded. This document incorporates and includes
all prior negotiations, correspondence, conversations, agreements and understandings
applicable to the matters contained in this Agreement and the parties agree that there
are no commitments, agreements or understandings concerning the subject matter of
this Agreement that are not contained in this document. Accordingly, it is agreed that
no deviation from the terms of this Agreement shall be predicated upon any prior
representations or agreements, whether oral or written.
(VI) The Consultant understands and agrees that the City, during any fiscal year, is
not authorized to expend money, incur any liability, or enter into any contract which,
by its terms, involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year and that any contract, verbal or
written, made in violation of this subsection is null and void and that consequently, no
money may be paid on such contract beyond such limits. Nothing contained in this
Agreement shall prevent the making of contracts for periods exceeding one (1) year,
but any contract so made shall be executory only for the value of the services to be
rendered or agreed to be paid for in succeeding fiscal years. Consultant shall not
proceed with services under this Agreement without City’s written verification that the
funds necessary for Consultant compensation and other necessary expenditures are
budgeted as available within the appropriate fiscal year budget.
30
(VII) Consultant warrants and represents that no elected official, officer, agent or
employee of the City has a financial interest, directly or indirectly, in this Agreement
or the compensation to be paid under it and, further, that no City employee who acts
in the City of Dania Beach as a “purchasing agent” as defined in Chapter 112, Florida
Statutes, nor any elected or appointed officer of the City of Dania Beach, nor any
spouse or child of such purchasing agent, employee or elected or appointed officer, is
a partner, officer, director or proprietor of the Consultant and, further, that no such City
employee, purchasing agent, City elected or appointed officer, or the spouse or child
of any of them, alone or in combination, has a material interest in the Consultant.
Material interest means direct or indirect ownership of more than five percent (5%) of
the total assets or capital stock of the Consultant.
(VIII) Consultant shall comply with all federal, state and City laws applicable to the
Consultant services and specifically those covering Equal Opportunity Employment,
the Americans with Disabilities Act (“ADA”) eligibility to perform services as
specified in the Florida Public Entity Crime law and the Florida Building Code. The
Consultant is expected to fully comply with all provisions of all laws and the City
reserves the right to verify the Consultant’s compliance with them. Failure to comply
with any laws will be grounds for termination of the Agreement for cause.
(IX) In the event of any conflict between any provisions of this Agreement and any
provision in any attached Attachment, the parties agree that the provisions of this
Agreement are controlling (including, but not limited to, all terms and provisions
governing compensation). Further, any prior Agreement related to the services is
rescinded and replaced by this Agreement.
(X) Consultant agrees to perform its obligations under this Agreement in
accordance with the degree of skill and care exercised by practicing design
professionals performing similar services under similar conditions. Consultant makes
no other representations and no warranties, whether express or implied, with respect
to the quality of its performance under this Agreement.
(XI) Force Majeure Performance Excused. If either party to this License shall be
delayed or hindered in or prevented from the performance of any non-monetary
obligation required under this License by reason of strikes, lock-outs, labor troubles,
inability to procure materials, failure of power, restrictive governmental laws or
regulations, riots, insurrection, war or other reason of a like nature not the fault of the
party delayed in performing the work or doing acts required under the terms of this
License, then performance of such act shall be excused for the period of the delay and
the period equivalent to the period of such delay.
(XII) Integration. This License contains the entire agreement between the parties,
and any agreement hereafter made shall be ineffective to change this License unless
such agreement is in writing and signed by the parties. All prior agreements, oral and
written, shall be merged into this License.
(XIII) Captions. The captions of the several article or sections titles contained in this
License are for convenience only and do not define, limit, describe or construe the
contents of this License.
(XIV) Waiver. One or more waivers of any covenant or condition by City shall not
be construed as a waiver of a subsequent breach of the same covenant or condition,
and the consent or approval by City to or of any act by Consultant requiring City’s
consent or approval shall not be deemed to render unnecessary City’s consent or
31
approval to or of any subsequent similar act by Consultant. No breach of a covenant
or condition of this License shall be deemed to have been waived by City, unless such
waiver is in writing signed by City.
(XV) Domestic Partnership Requirement. Unless this Agreement is exempt from the
provisions of the Broward County Domestic Partnership Act, Section 161/2-157, Broward
County Code of Ordinances (“Act”), Consultant certifies and represents that it shall at all times
comply with the provisions of the Act. The contract language referenced in the Act is deemed
incorporated in this Agreement as though fully set forth in this section.
(XVI) Survival All representations, indemnifications, warranties and guaranties made
in, required by or given in accordance with this Agreement, as well as all continuing
obligations indicated in this Agreement, will survive final payment and termination or
completion of this Agreement.
(XVII) Funding. This agreement shall remain in full force and effect only as long as
the expenditures provided for in the Agreement have been appropriated by the City
Commission and is subject to termination based on lack of funding.
SIGNATURES ON THE FOLLOWING PAGES
32
IN WITNESS OF THE FOREGOING, the parties have executed this Renewal on
_______________ _____, 2025.
CITY:
ATTEST: CITY OF DANIA BEACH, FLORIDA,
a Florida municipal corporation
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS ANA M. GARCIA, ICMA-CM
CITY ATTORNEY CITY MANAGER
33
WITNESSES:CONTRACTOR:
Metric Engineering Services, Inc.
a Florida corporation
SIGNATURE SIGNATURE
_________________________
PRINT Name PRINT Name
_________________________
SIGNATURE Title
_________________________ Date:
PRINT Name
STATE OF FLORIDA)
COUNTY OF MIAMI DADE)
The foregoing instrument was acknowledged before me by means of ☐ physical
presence or by ☐ online notarization, on , 2025, by _____________, as
____________ of Metric Engineering Services, Inc., a Florida corporation, on behalf of the
corporation. He/she is personally known to me or has produced
as identification.
Notary Public, State of Florida
Print Name
My Commission Expires:
City of Dania Beach
Public Services Memorandum
DATE: 6/24/2025
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Fernando J. Rodriguez, Public Services Director
Sean Schutten, Deputy Director/City Engineer
SUBJECT: REQUEST FOR APPROVAL OF CHANGE ORDER #3 FOR THE LIFT
STATIONS GENERATORS PROJECT – LIFT STATIONS 1, 2 AND 3
Request:
The Public Services Department requests approval of Change Order #3 for the Lift Stations
Generators Project in the amount of $72,894.55. This request is necessary due to scope changes
arising from revised electrical drawings issued after the original bid.
Background:
Following the issuance of updated electrical plans by the project designer (Kimley-Horn), South
Florida Electrical (Subcontractor) submitted a change order proposal to David Mancini & Sons
Inc. (DMSI) outlining the additional work required to relocate FPL poles and upgrade correlated
electrical service. The additional costs in this Change Order represent new work not included in
the original bid documents due to the timing of the plan revisions.
Budgetary Impact
Funding in the amount of $72,894.55 will be appropriated from the Sewer/Wastewater Services /
Infrastructure Improvements other than Bldgs. Account No. 402-35-02-535-63-10. Upon
approval of this request, a budget transfer will be processed from Sewer/Wastewater Services /
Professional Services / General Account No. 402-35-02-535-31-10 into the Sewer/Wastewater
Services / Infrastructure Improvements other than Bldgs. Account No. 402-35-28-535-63-10.
Recommendation
The Public Services Department recommends approval of this Change Order to incorporate the
revised electrical scope into the project. The work is necessary to align construction with the
updated design and to ensure proper installation of all electrical components.
RESOLUTION NO. 2025-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING CHANGE ORDER NO. 3 TO THE
CONTRACT FOR THE LIFT STATION GENERATORS PROJECT (LIFT
STATIONS 1, 2 AND 3), TO COVER SCOPE CHANGES DUE TO REVISED
ELECTRICAL PLANS IN AN AMOUNT NOT TO EXCEED SEVENTY-TWO
THOUSAND EIGHT HUNDRED NINETY-FOUR DOLLARS AND FIFTY-
FIVE CENTS ($72,894.55); PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach is the Owner of the Lift Station Generators Project
for Lift Stations 1, 2 and 3; and
WHEREAS, after the contract was executed, the project designer issued revised
electrical plans that were not available at the time of bid; and
WHEREAS, these plan changes resulted in additional work and associated costs
submitted by the contractor, David Mancini & Sons, Inc.; and
WHEREAS, Change Order No. 3 in the amount of $72,894.55 is necessary to address the
revised scope of work and allow the project to proceed in accordance with the updated design;
and
WHEREAS, the funding for this overage will be provided from the account entitled
"Sewer/Wastewater Services / Professional Services / General”, Account Number 402-35-02-535-
31-10, as confirmed by the City’s Finance Department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1.That the above “Whereas” clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2.That the City Commission approves Change Order No. 3 for the Lift
Station Generators Project (Lift Stations 1, 2 and 3) in an amount not to exceed Seventy-Two
Thousand Eight Hundred Ninety-Four Dollars and Fifty-Five Cents ($72,894.55), which Change
Order is attached as Exhibit “A” and is incorporated into this Resolution by this reference.
Section 3.That funding in the amount of $72,894.55 will be appropriated from the
Sewer/Wastewater Services / Infrastructure Improvements other than Bldgs. Account No. 402-
35-02-535-63-10. Upon approval of this request, a budget transfer will be processed from
Sewer/Wastewater Services / Professional Services / General Account No. 402-35-02-535-31-10
2 RESOLUTION #2025-_____
into the Sewer/Wastewater Services / Infrastructure Improvements other than Bldgs. Account No.
402-35-28-535-63-10.
Section 4.That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5.That this Resolution shall become effective upon its passage and adoption.
Section 6.That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 7.That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED on __________________, 2025.
Motion by __________________________, second by ___________________________.
FINAL VOTE ON ADOPTION: Unanimous ____
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
06/10/25
2655 South Le Jeune Rd, Suite P2A Coral Gables 33134 2601 Wiles Rd Pompano Beach Florida 33073
PH: (954) 977-3556 FAX: (954) 944-2040
PROJECT NAME: NORTH BAY VILLAGE WASTEWATER PUMPSTATION
PROJECT #:24DBLS
CONTRACTOR: David Mancini & Sons, Inc. (DMSI)
Date:5/16/2025
SUMMARY OF DIRECT ADDITIONAL COSTS
TOTAL LABOR $ 14,712.81
TOTAL EQUIPMENT $ 725.70
TOTAL MATERIAL $ 3,561.54
TOTAL SUBCONTRACTOR $ 53,894.50
72,894.55$
SUMMARY OF TIME IMPACT (REQUEST FOR ADDITIONAL TIME)
#Description Unit QTY
Possible Additional Time Required to Cover Extra
Work/MATERIAL CALENDAR DAYS TBD
POSSIBLE TIME ADDED TO CONTRACT
Calendar
Days
TOTAL LUMP SUM COST
Subtotal Direct Cost
72,894.55$
TBD
PH: (954) 977-3556 FAX: (954) 944-2040
On March 27, 2025, the City of Dania Beach issued revised electrical drawings for Lift Stations 1, 2, and 3 to DMSI. Upon receipt, DMSI promptly forwarded
the updated plans to our electrical subcontractor, South Florida Electrical, for review and pricing of any changes or impacts.
Following their assessment, South Florida Electrical submitted a change order proposal to DMSI on May 7, 2025, outlining the additional costs associated
with implementing the revised electrical scope. In accordance with our contract obligations with the City of Dania Beach, DMSI issued a Potential Notice of
Claim on May 13, 2025, to formally notify the City of the potential cost implications related to the revised plans.
The additional costs reflected in this change order represent work that was not included in the original bid, as the revised electrical drawings were not
available to us at the time of bid submission. This change order is submitted for consideration and approval to cover the additional scope and associated
costs required to comply with the updated plans issued by the City.
RFAC #003 - INCREASED BURDEN DUE TO REVISED ELECTRICAL PLANS
LABOR COSTS -
LABOR BURDEN MULTIPLIER (LBM)57.80%SUMMARY - LABOR COSTS
Social Security Contributions & Excise and Payroll 6.20%SUPERVISION See Below
Medicate Rate 1.45%
Unemployment 7.25%MAINLINE CREW See Below
Workmens Compensation 10.25%SERVICE CREW See Below
Health Benefits 15.37%RESTORATION See Below
Retirement Benefits 17.28%TOTAL LABOR 14,712.81$
VACATION MULTIPLIER (VM)13.00%
Sick Leave (1 week out of 52)
Vacation (2 weeks out of 52)
Holiday Pay (1 week out of 52)
Insurance Schedule 4.35%
Insurance Public Liability and Property Damage
Insurance 4.35%
Total Burden Rate 75.15%
SUPERVISION Hourly Rate (Salary)Burden Hours (Salary)Total Cost
Project Manager 120.00$ 1.7515 6 1,261.08$
Superintendent 120.00$ 1.7515 12 2,522.16$
CONTRACTORS MARK-UP 18%680.98$
BONDS AND INSURANCE MARK-UP 2.5%80.08$
TOTAL LABOR 4,544.30$
MAINLINE CREW - Force Main DMSI Hourly Rate OT- Rate Burden Hrs.OT-Hours Total Cost
Lead Foreman 50.00$ 75.00$ 1.7515 24.0 2,101.80$
Backhoe Operator 27.00$ 40.50$ 1.7515 24.0 1,134.97$
Loader Operator 27.00$ 40.50$ 1.7515 24.0 1,134.97$
Pipelayer 25.00$ 37.50$ 1.7515 24.0 1,050.90$
Pipelayer 24.00$ 36.00$ 1.7515 24.0 1,008.86$
Dump Truck Driver 27.00$ 40.50$ 1.7515 24.0 1,134.97$
Laborer 20.00$ 30.00$ 1.7515 24.0 840.72$
SUBTOTAL 8,407.20$
CONTRACTORS MARK-UP 18%1,513.30$
BONDS AND INSURANCE MARK-UP 2.5%248.01$
TOTAL LABOR 10,168.51$
RFAC #003 - INCREASED BURDEN DUE TO REVISED ELECTRICAL PLANS
RFAC #003 - INCREASED BURDEN DUE TO REVISED ELECTRICAL PLANS
EQUIPMENT COST
Work Description QTY Unit Unit Cost Total Cost
Dump Truck (18 CY)8 HRS 75.00$ 600.00$
SUBTOTAL 600.00$
Contractors Mark-up 18%108.00$
Bonds & Insurance Mark-up 2.5%17.70$
TOTAL MATERIAL COST FOR ADDITIONAL WORK 725.70$
Work Description QTY Unit Unit Cost Total Cost
SOD 1 PAL 145.00$ 145.00$
CONCRETE SIDEWALK 7 CY 185.00$ 1,295.00$
ASPHALT SURFACE RESTORATION 16 TN 82.00$ 1,312.00$
SUBTOTAL 2,752.00$
TAX 7%192.64$
Contractors Mark-up 18%530.04$
Bonds & Insurance Mark-up 2.5%86.87$
TOTAL MATERIAL COST FOR ADDITIONAL WORK 3,561.54$
Work Description QTY Unit Unit Cost Total Cost
SOUTH FLORIDA ELECTRICAL LS #1 1 LS 18,400.00$ 18,400.00$
SOUTH FLORIDA ELECTRICAL LS #2 1 LS 12,200.00$ 12,200.00$
SOUTH FLORIDA ELECTRICAL LS #3 1 LS 17,200.00$ 17,200.00$
SUBTOTAL 47,800.00$
Contractors Mark-up 10%4,780.00$
Bonds & Insurance Mark-up 2.5%1,314.50$
TOTAL MATERIAL COST FOR ADDITIONAL WORK 53,894.50$
ADDITIONAL BURDEN
ADDITIONAL MATERIAL
ADDITIONAL EQUIPMENT
LI
F
T
S
T
A
T
I
O
N
A
N
D
G
E
N
E
R
A
T
O
R
IM
P
R
O
V
E
M
E
N
T
S
PR
E
P
A
R
E
D
F
O
R
CI
T
Y
O
F
D
A
N
I
A
B
E
A
C
H
N
O
C
U
N
S T AL
E N
NGI E E
R
T S
N
G
I
LI
F
T
S
T
A
T
I
O
N
N
O
.
1
EL
E
C
T
R
I
C
A
L
P
L
A
N
E010
C:\
U
s
e
r
s
\
k
g
r
a
n
t
\
B
a
i
l
e
y
E
n
g
i
n
e
e
r
i
n
g
\
A
C
T
I
V
E
-
C
C
-
D
o
c
u
m
e
n
t
s
\
A
c
t
i
v
e
P
r
o
j
e
c
t
s
\
K
i
m
l
e
y
H
o
r
n
\
D
a
n
i
a
B
e
a
c
h
L
S
\
0
8
.
_
R
e
v
1
\
D
w
g
s
\
E
0
1
0
L
S
N
O
.
1
E
L
E
C
T
P
L
A
N
.
d
w
g
,
7
/
1
2
/
2
0
2
3
1
1
:
2
6
:
3
5
A
M
,
k
g
r
a
n
t
LI
F
T
S
T
A
T
I
O
N
A
N
D
G
E
N
E
R
A
T
O
R
IM
P
R
O
V
E
M
E
N
T
S
PR
E
P
A
R
E
D
F
O
R
CI
T
Y
O
F
D
A
N
I
A
B
E
A
C
H
N
O
C
U
N
S T AL
E N
NGI E E
R
T S
N
G
I
LI
F
T
S
T
A
T
I
O
N
N
O
.
2
EL
E
C
T
R
I
C
A
L
P
L
A
N
E011
C:\
U
s
e
r
s
\
k
g
r
a
n
t
\
B
a
i
l
e
y
E
n
g
i
n
e
e
r
i
n
g
\
A
C
T
I
V
E
-
C
C
-
D
o
c
u
m
e
n
t
s
\
A
c
t
i
v
e
P
r
o
j
e
c
t
s
\
K
i
m
l
e
y
H
o
r
n
\
D
a
n
i
a
B
e
a
c
h
L
S
\
0
8
.
_
R
e
v
1
\
D
w
g
s
\
E
0
1
1
L
S
N
O
.
2
E
L
E
C
T
R
I
C
A
L
S
I
T
E
P
L
A
N
.
d
w
g
,
7
/
1
2
/
2
0
2
3
1
1
:
2
6
:
3
8
A
M
,
k
g
r
a
n
t
LI
F
T
S
T
A
T
I
O
N
A
N
D
G
E
N
E
R
A
T
O
R
IM
P
R
O
V
E
M
E
N
T
S
PR
E
P
A
R
E
D
F
O
R
CI
T
Y
O
F
D
A
N
I
A
B
E
A
C
H
N
O
C
U
N
S T AL
E N
NGI E E
R
T S
N
G
I
LI
F
T
S
T
A
T
I
O
N
N
O
.
3
EL
E
C
T
R
I
C
A
L
P
L
A
N
E012
C:\
U
s
e
r
s
\
k
g
r
a
n
t
\
B
a
i
l
e
y
E
n
g
i
n
e
e
r
i
n
g
\
A
C
T
I
V
E
-
C
C
-
D
o
c
u
m
e
n
t
s
\
A
c
t
i
v
e
P
r
o
j
e
c
t
s
\
K
i
m
l
e
y
H
o
r
n
\
D
a
n
i
a
B
e
a
c
h
L
S
\
0
8
.
_
R
e
v
1
\
D
w
g
s
\
E
0
1
2
L
S
N
O
.
3
E
L
E
C
T
R
I
C
A
L
S
I
T
E
P
L
A
N
.
d
w
g
,
7
/
1
2
/
2
0
2
3
1
1
:
2
6
:
4
0
A
M
,
k
g
r
a
n
t
ɸ
LI
F
T
S
T
A
T
I
O
N
A
N
D
G
E
N
E
R
A
T
O
R
IM
P
R
O
V
E
M
E
N
T
S
PR
E
P
A
R
E
D
F
O
R
CI
T
Y
O
F
D
A
N
I
A
B
E
A
C
H
N
O
C
U
N
S T AL
E N
NGI E E
R
T S
N
G
I
LS
C
P
#
1
S
I
N
G
L
E
LI
N
E
D
I
A
G
R
A
M
E002
X:\
A
c
t
i
v
e
P
r
o
j
e
c
t
s
\
K
i
m
l
e
y
H
o
r
n
\
D
a
n
i
a
B
e
a
c
h
\
D
a
n
i
a
B
e
a
c
h
L
S
1
2
3
\
1
2
.
_
R
e
v
3
L
S
1
,
2
,
3
\
L
S
1
\
D
w
g
s
\
E
0
0
2
L
S
#
1
S
L
D
.
d
w
g
,
2/
5
/
2
0
2
5
9
:
1
9
:
2
8
A
M
,
k
g
r
a
n
t
LI
F
T
S
T
A
T
I
O
N
A
N
D
G
E
N
E
R
A
T
O
R
IM
P
R
O
V
E
M
E
N
T
S
PR
E
P
A
R
E
D
F
O
R
CI
T
Y
O
F
D
A
N
I
A
B
E
A
C
H
N
O
C
U
N
S T AL
E N
NGI E E
R
T S
N
G
I
LI
F
T
S
T
A
T
I
O
N
N
O
.
1
EL
E
C
T
R
I
C
A
L
P
L
A
N
E010
LI
F
T
S
T
A
T
I
O
N
A
N
D
G
E
N
E
R
A
T
O
R
IM
P
R
O
V
E
M
E
N
T
S
PR
E
P
A
R
E
D
F
O
R
CI
T
Y
O
F
D
A
N
I
A
B
E
A
C
H
N
O
C
U
N
S T AL
E N
NGI E E
R
T S
N
G
I
LI
F
T
S
T
A
T
I
O
N
N
O
.
1
EL
E
C
T
R
I
C
A
L
S
I
T
E
PL
A
N
E010A
ɸ
LI
F
T
S
T
A
T
I
O
N
A
N
D
G
E
N
E
R
A
T
O
R
IM
P
R
O
V
E
M
E
N
T
S
PR
E
P
A
R
E
D
F
O
R
CI
T
Y
O
F
D
A
N
I
A
B
E
A
C
H
N
O
C
U
N
S T AL
E N
NGI E E
R
T S
N
G
I
LS
C
P
#
2
S
I
N
G
L
E
LI
N
E
D
I
A
G
R
A
M
E002
X:\
A
c
t
i
v
e
P
r
o
j
e
c
t
s
\
K
i
m
l
e
y
H
o
r
n
\
D
a
n
i
a
B
e
a
c
h
\
D
a
n
i
a
B
e
a
c
h
L
S
1
2
3
\
1
2
.
_
R
e
v
3
L
S
1
,
2
,
3
\
L
S
2
\
D
w
g
s
\
E
0
0
2
L
S
#
2
S
L
D
.
d
w
g
,
2/
5
/
2
0
2
5
9
:
2
0
:
4
5
A
M
,
k
g
r
a
n
t
LI
F
T
S
T
A
T
I
O
N
A
N
D
G
E
N
E
R
A
T
O
R
IM
P
R
O
V
E
M
E
N
T
S
PR
E
P
A
R
E
D
F
O
R
CI
T
Y
O
F
D
A
N
I
A
B
E
A
C
H
N
O
C
U
N
S T AL
E N
NGI E E
R
T S
N
G
I
LI
F
T
S
T
A
T
I
O
N
N
O
.
2
EL
E
C
T
R
I
C
A
L
P
L
A
N
E010
X:\
A
c
t
i
v
e
P
r
o
j
e
c
t
s
\
K
i
m
l
e
y
H
o
r
n
\
D
a
n
i
a
B
e
a
c
h
\
D
a
n
i
a
B
e
a
c
h
L
S
1
2
3
\
1
2
.
_
R
e
v
3
L
S
1
,
2
,
3
\
L
S
2
\
D
w
g
s
\
E
0
1
0
L
S
N
O
.
2
E
L
E
C
T
R
I
C
A
L
S
I
T
E
P
L
A
N
.
d
w
g
,
2/
5
/
2
0
2
5
9
:
2
1
:
1
6
A
M
,
k
g
r
a
n
t
ɸ
LI
F
T
S
T
A
T
I
O
N
A
N
D
G
E
N
E
R
A
T
O
R
IM
P
R
O
V
E
M
E
N
T
S
PR
E
P
A
R
E
D
F
O
R
CI
T
Y
O
F
D
A
N
I
A
B
E
A
C
H
N
O
C
U
N
S T AL
E N
NGI E E
R
T S
N
G
I
LS
C
P
#
3
S
I
N
G
L
E
LI
N
E
D
I
A
G
R
A
M
E002
X:\
A
c
t
i
v
e
P
r
o
j
e
c
t
s
\
K
i
m
l
e
y
H
o
r
n
\
D
a
n
i
a
B
e
a
c
h
\
D
a
n
i
a
B
e
a
c
h
L
S
1
2
3
\
1
2
.
_
R
e
v
3
L
S
1
,
2
,
3
\
L
S
3
\
D
w
g
s
\
E
0
0
2
L
S
#
3
S
L
D
.
d
w
g
,
2/
5
/
2
0
2
5
9
:
2
4
:
0
0
A
M
,
k
g
r
a
n
t
LI
F
T
S
T
A
T
I
O
N
A
N
D
G
E
N
E
R
A
T
O
R
IM
P
R
O
V
E
M
E
N
T
S
PR
E
P
A
R
E
D
F
O
R
CI
T
Y
O
F
D
A
N
I
A
B
E
A
C
H
N
O
C
U
N
S T AL
E N
NGI E E
R
T S
N
G
I
LI
F
T
S
T
A
T
I
O
N
N
O
.
3
EL
E
C
T
R
I
C
A
L
P
L
A
N
E010
LI
F
T
S
T
A
T
I
O
N
A
N
D
G
E
N
E
R
A
T
O
R
IM
P
R
O
V
E
M
E
N
T
S
PR
E
P
A
R
E
D
F
O
R
CI
T
Y
O
F
D
A
N
I
A
B
E
A
C
H
N
O
C
U
N
S T AL
E N
NGI E E
R
T S
N
G
I
LI
F
T
S
T
A
T
I
O
N
N
O
.
3
E
L
E
C
T
R
I
C
A
L
SI
T
E
P
L
A
N
E010A
DMSI
PROPOSAL
South Florida Electrical Consultant is pleased to submit our electrical proposal to furnish and install the following
scope of work as per your request:
Respectfully,
Hector L. Rodriguez
Vice President
May 7th, 2025
Lift Station 1 - Additional Scope
- Larger size conduit, directional bore - $9,500.00
- Upsize in care copper wire ground - $1,000.00
- Crouse Hinds Eys coundit fittings and labor - $2,500.00
- Upsize in MPZ to 15 KVA - $5,200.00
Proposed Price - $ 18,400.00
Project: Diana Beach Lift Station
DMSI
PROPOSAL
South Florida Electrical Consultant is pleased to submit our electrical proposal to furnish and install the following
scope of work as per your request:
Respectfully,
Hector L. Rodriguez
Vice President
May 7th, 2025
Lift Station 2 - Additional Scope
- Larger size conduit, directional bore - $4,500.00
- Crouse Hinds Eys coundit fittings and labor - $2,500.00
- Upsize in MPZ to 15 KVA - $5,200.00
Proposed Price - $ 12,200.00
Project: Diana Beach Lift Station
DMSI
PROPOSAL
South Florida Electrical Consultant is pleased to submit our electrical proposal to furnish and install the following
scope of work as per your request:
Respectfully,
Hector L. Rodriguez
Vice President
May 7th, 2025
- Crouse Hinds Eys coundit fittings and labor - $2,500.00
- Upsize in MPZ to 15 KVA - $5,200.00
Lift Station 3 - Additional Scope
- Larger size conduit, directional bore - $9,500.00
Proposed Price - $ 17,200.00
Project: Diana Beach Lift Station
CONFIDENTIAL
Customer Name David Mancini & Sons - Pablo Riano Phone: 954-977-3556
Address 2601 Wiles Road, Pompano Beach, FL 33073 Fax:
Project Name Plantation Regional WWTP Cell: 954-756-1445
Address 6500 NW 11th Place, Plantation, FL 33313 priano@dmsi.co
Mix Code Description U.O.M.Price
* As Submitted - 10/18/2024 *
309050 3000 REGULAR W/C=0.50 (4000 PSI)Cubic Yard $180.00
409045 4000 REGULAR W/C=0.45 (5000 PSI)Cubic Yard $185.00
45904213 4500 REGULAR W/C=0.42 (6000 PSI)Cubic Yard $190.00
459042H 4500 REGULAR W/C=0.42 (6000 PSI) W/HRWR Cubic Yard $203.50
06-FF-95 FDOT FLOWABLE FILL EXCAVATABLE 100 PSI Cubic Yard $173.00
SERVICE CHARGES
Environmental Load Charge Load $25.00
Currently FUEL SURCHARGE - ADJUSTED WEEKLY 10/18/2024 Load $30.90
6:00am-12:30pm Saturday Delivery Charge Cubic Yard TBD
6:00 pm-6:00 am Plant Opening 4-HR Minimum Monday - Friday FLAT TBD
SHORT257 Minimum Load Charge - Less than 7 CY Load $250.00
If Needed Placing Pump Primer & Blowback Grout Mix Cubic Yard $250.00
Return Concrete Handling & Disposal Fee Cubic Yard $35.00
Order Cancellation Fee FLAT $1,500.00
10/18/2024 Effective Date Expiration Date 6/30/2025
Escalation NOT TO EXCEED $10.00 CY 7/1/2025 - 12/30/2025
This quotation must be accepted by written purchase order 30 calendar days from quote date or it will expire; however,
Supermix at all times reserves the right to increase the quoted prices without notice that reflect an increase in raw material costs,
changes in market conditions, or surcharges incurred by Supermix, and to cancel or defer any quote in the event Supermix
becomes delayed or prevented by shortages or allocations of raw materials. Supermix shall not be liable to Buyer, any of its
counterparties, or any third parties for damages as a result of any such price change, delay, or cancellation.
Supermix Peter Kaczorowski Office: 954.480.9333 Cell: 954.214.4937
Representative Account Manager Fax: 954.480.2893 Email: pete@supermix.com
Accepted by:Date:
City of Dania Beach
Public Services Memorandum
DATE: 6/24/2025
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Eve Boutsis, City Attorney, on the behalf of Manager’s Office
SUBJECT: Amended and Restated Transportation Surtax Interlocal Agreement
Request:
To approve the 2025 Amended and Restated Transportation Surtax Interlocal Agreement.
Background:
Because of the urgent need for transportation system improvements throughout Broward County
(“County”); on June 5, 2018, the Broward County Commission voted to place a proposed
“Transportation System Surtax Levy” of one percent (1%) on the November 6, 2018 ballot.
Broward County and the Metropolitan Planning Organization (“MPO”) are requesting that each
municipality within the County enter into an Interlocal Agreement (“ILA”) to support the
“Transportation System Surtax”. In 2018, the County and the municipalities entered into the ILA
Agreement to demonstrate their commitment to work together to protect the health, safety, and
welfare of residents and visitors, including education of the electorate, consistent with state law
requirements, on the importance of the Ballot Proposal.
The portion of the Transportation Surtax proceeds previously committed to distribute to
municipalities has been distributed for municipal programs and projects that were deemed
eligible pursuant to Section 212.055(1), Florida Statutes. The County seeks to restate the ILA
agreement, and confirm the Cycle 1 Projects, to reprioritize the current distribution of
Transportation Surtax funding to Cities among Community Shuttle, Capital Projects and
Rehabilitation and Maintenance projects (R&M); (1) to provide a new Formula-based Funding
model for R&M Projects and On-Demand Transportation during the Fiscal years 2026 through
2032, subject to Transportation Surtax funding availability; (2) to create new means of allowing
cities the ability to obtain Transportation Surtax funding to be used as required local match in
relation to state and federal appropriations and grants; (3) to streamline the manner by which
projects funded by the Transportation Surtax are placed under Surtax Funding Agreements; (4)
to provide cities with flexibility on how each will use Formula-based funding from the
Transportation Surtax; (5) to permit multiple cities to collaborate on the joint management of
their Community Shuttle programs; (6) to permit the ILA to be more easily modified, if and as
required, to more efficiently and effectively distribute the Transportation Surtax Proceeds
committed to cities; and (7) to describe the role that the BBCMA will have in connection with
certain parts of the programs established between the county and the cities.
Budgetary Impact
The City would be provided the Surtax Funding to construct transportation projects that qualify
for the program.
Recommendation
Approval.
RESOLUTION NO. 2025-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE THE 2025 AMENDED AND RESTATED TRANSPORTATION
SYSTEM SURTAX INTERLOCAL AGREEMENT WITH BROWARD
COUNTY; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, because of the urgent need for transportation system improvements
throughout Broward County (“County”); on June 5, 2018, the Broward County Commission
voted to place a proposed “Transportation System Surtax Levy” of one percent (1%) on the
November 6, 2018 ballot; and
WHEREAS, Broward County and the Metropolitan Planning Organization (“MPO”) are
requesting that each municipality within the County enter into an Interlocal Agreement (“ILA”) to
support the “Transportation System Surtax”; and
WHEREAS, in 2018, the County and the municipalities entered into the ILA Agreement
to demonstrate their commitment to work together to protect the health, safety, and welfare of
residents and visitors, including education of the electorate, consistent with state law
requirements, on the importance of the Ballot Proposal; and
WHEREAS, the portion of the Transportation Surtax proceeds previously committed to
distribute to municipalities has been distributed for municipal programs and projects that were
deemed eligible pursuant to Section 212.055(1), Florida Statutes; and
WHEREAS, the County seeks to restate the ILA agreement, and confirm the Cycle 1
Projects, to reprioritize the current distribution of Transportation Surtax funding to Cities among
Community Shuttle, Capital Projects and Rehabilitation and Maintenance projects (R&M); (1) to
provide a new Formula-based Funding model for R&M Projects and On-Demand Transportation
during the Fiscal years 2026 through 2032, subject to Transportation Surtax funding availability;
(2) to create new means of allowing cities the ability to obtain Transportation Surtax funding to
be used as required local match in relation to state and federal appropriations and grants; (3) to
streamline the manner by which projects funded by the Transportation Surtax are placed under
Surtax Funding Agreements; (4) to provide cities with flexibility on how each will use Formula-
based funding from the Transportation Surtax; (5) to permit multiple cities to collaborate on the
joint management of their Community Shuttle programs; (6) to permit the ILA to be more easily
RESOLUTION #2025-______2
modified, if and as required, to more efficiently and effectively distribute the Transportation
Surtax Proceeds committed to cities; and (7) to describe the role that the BBCMA will have in
connection with certain parts of the programs established between the county and the cities;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1.That the above “Whereas” clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2.That the proper City officials are authorized to execute the 2025 Amended
And Restated Transportation System Surtax Interlocal Agreement With Broward County, which
agreement is incorporated by reference as Exhibit “A”.
Section 3.That the City Manager and City Attorney are authorized to make minor
revisions to the Agreement as are deemed necessary and proper for the best interests of the City.
Section 4.That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this resolution shall become effective 10 days after passage.
PASSED AND ADOPTED on __________________, 2025.
Motion by __________________________, second by ___________________________.
FINAL VOTE ON ADOPTION: Unanimous ____
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
SIGNATURES ON THE FOLLOWING PAGE
RESOLUTION #2025-______3
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
2025 Transportation Surtax ILA (3rd Amendment) Page 1 of 36
2025 AMENDED AND RESTATED
TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT (THIRD AMENDMENT)
This 2025 Amended and Restated Transportation System Surtax Interlocal Agreement
(“2025 ILA”) is entered into among Broward County, a political subdivision of the State of Florida
(“County”), the municipalities that formally approved and are a party to the Transportation
System Surtax Interlocal Agreement that was executed by County on August 29, 2018, and such
additional municipalities that are signatories to this 2025 ILA (collectively, the “Municipalities”
and each a “Municipality”), and the Broward County City Managers’ Association, Inc. (“BCCMA”).
County, Municipalities, and the BCCMA are each a “Party,” and collectively referred to as the
“Parties.”
RECITALS
A. Pursuant to Section 31½-71, et seq., of the Broward County Code of Ordinances
(“Transportation Surtax Ordinance”), a 30-year 1% transportation surtax (“Transportation
Surtax”) was levied after approval by referendum of the general electorate at the General
Election on November 6, 2018, with the proceeds to be expended for authorized transportation
and transit projects in accordance with applicable law, including Section 212.055(1), Florida
Statutes.
B. On or about November 8, 2018, County and Municipalities entered the
Transportation Surtax Interlocal Agreement that addressed the distribution of proceeds of the
Transportation Surtax (“Original ILA”). The Original ILA was amended in June 2019 (“First
Amendment”), and in March 2021 (“Second Amendment”), further defining the relationship
between the parties thereto, and adding the Broward Metropolitan Planning Organization
(“BMPO”) as a party for purposes of the evaluation and ranking of certain capital projects for
potential Transportation Surtax funding (the Original ILA, as amended by the two amendments,
is referred to herein as the “ILA”).
C. The portion of Transportation Surtax Proceeds (as defined herein) that County
previously committed to distribute to Municipalities has, to the best of each Party’s knowledge,
been properly distributed for municipal programs and projects that were deemed statutorily
eligible for Transportation Surtax funding under Section 212.055(1), Florida Statutes, such as
community shuttle programs; capital planning, design, and projects; and road rehabilitation and
maintenance projects.
D. As the Parties’ working knowledge and experience with the Transportation Surtax
program has increased, the Parties have determined it would be beneficial to fully restate the
ILA, including (i) to address the status of the remaining Cycle 1 Projects and the ability of County
to terminate such projects that are not under a Surtax Funding Agreement; (ii) to reprioritize the
current distribution of Transportation Surtax funding to Municipalities among Community
Shuttle, Capital Projects, and Rehabilitation and Maintenance (R&M) Projects; (iii) to provide for
a new Formula-based Funding model as defined in Section 4.3.1. for R&M Projects and On-
Demand Transportation during County Fiscal Years 2026 to 2032, subject to availability of
2025 Transportation Surtax ILA (3rd Amendment) Page 2 of 36
Transportation Surtax funding; (iv) to create new means of allowing Municipalities the ability to
obtain Transportation Surtax funding to be used as required local match in relation to state and
federal appropriations and grants; (v) to streamline the manner by which projects funded by the
Transportation Surtax are placed under Surtax Funding Agreements; (vi) to provide Municipalities
with flexibility on how each will use Formula-based Funding from the Transportation Surtax; (vii)
to permit multiple Municipalities to collaborate on the joint management of their Community
Shuttle programs; (viii) to permit the ILA to be more easily modified, if and as required, to more
efficiently and effectively distribute the Transportation Surtax Proceeds committed to
Municipalities; and (ix) to describe the role that the BCCMA will have in connection with certain
parts of the programs established between County and Municipalities.
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which
are acknowledged, the Parties agree to amend and restate the Interlocal Agreement, in its
entirety, as follows:
ARTICLE 1. RECITALS; DEFINITIONS; AND EXHIBITS
1.1. Recitals. The above-stated Recitals are true and correct and are incorporated herein by
this reference.
1.2. Definitions. The terms below have the following meanings as used in this 2025 ILA:
1.2.1. Adopted Municipal Transportation Surtax Funding means the percentage and
dollar amount of Transportation Surtax Proceeds that is anticipated by County to be
received in the applicable Fiscal Year and that is budgeted in the subsequent Fiscal Year’s
County budget, as adopted by the County Commission, to be used for Community Shuttle
and Eligible Municipal Projects for the applicable County Fiscal Year budget.
1.2.2. Annual True-Up means County’s annual determination (typically to occur in April
or May of each year after the annual financial audit of the Transportation Surtax funds
received in the prior Fiscal Year) of whether the County satisfied its Minimum Annual
Guarantee commitment in the prior Fiscal Year. For example purposes, in April/May 2026,
the results from the Fiscal Year 2025 annual financial audit will be completed and a
determination will be made as to whether County met the Minimum Annual Guarantee
commitment for Fiscal Year 2025.
1.2.3. Applicable Law means all applicable laws, codes, advisory circulars, rules,
regulations, and ordinances of any federal, state, county, municipal, or other
governmental entity, including without limitation the Americans with Disabilities Act of
1990 (“ADA”), as each may be amended.
1.2.4. CBE means a County Business Enterprise, as defined in Section 1-81.1, Broward
County Code of Ordinances.
2025 Transportation Surtax ILA (3rd Amendment) Page 3 of 36
1.2.5. Centerline Miles means the aggregate length of roads under the jurisdiction of a
Municipality, regardless of the number of lanes in such roads, as reported and updated
by FDOT, typically on an annual basis.
1.2.6. Community Shuttle means the capital and operating expenses associated with
existing, new, and/or expanded public transportation services, operated by one or more
Municipalities within their jurisdictions, that supplement fixed-route mass transit service
and that are available to persons traveling within the applicable Municipality or
Municipalities.
1.2.7. County Commission means the Broward County Board of County Commissioners.
1.2.8. Cycle 1 Ranked Projects means the municipal projects not currently under a Surtax
Funding Agreement listed in Exhibit A to this 2025 ILA.
1.2.9. Effective Date means the date of complete execution of this 2025 ILA by County,
the BCCMA, and by such Municipalities that both (i) constitute a majority of the
Municipalities that are a party to the Original ILA, as amended by the First Amendment
and the Second Amendment, and (ii) cumulatively represent more than 50% of County’s
total population.
1.2.10. Eligible Municipal Project means a Municipal Capital Project, Municipal R&M
Project, or On-demand Transportation Services that, pursuant to Section 212.055(1)(d),
Florida Statutes, is statutorily eligible to receive funding from the Transportation Surtax
pursuant to this 2025 ILA.
1.2.11. FDOT means the Florida Department of Transportation.
1.2.12. Fiscal Year means County’s fiscal year, which begins on October 1 of each year
and ends on September 30 of the following calendar year.
1.2.13. MAP Administration means County’s Mobility Advancement Program
Administration staff.
1.2.14. Minimum Annual Guarantee means County’s commitment to utilize at least ten
percent (10%) of the Transportation Surtax Proceeds to fund, collectively, Community
Shuttle and Eligible Municipal Projects pursuant to the terms and conditions of this 2025
ILA.
1.2.15. Municipal Capital Project Tails means the remaining phases (e.g., design and/or
construction) of Cycles 3 through 5 of Municipal Capital Projects that were approved for
Transportation Surtax funding as of the Effective Date, but that included a future phase
that was not included in an existing Municipal Five-Year Plan as of the Effective Date.
2025 Transportation Surtax ILA (3rd Amendment) Page 4 of 36
1.2.16. Municipal Capital Projects means design and/or construction phase municipal
capital improvement projects for transportation purposes, including new or expanded
roads, sidewalks, bike paths, bridges, transportation facilities (e.g., bus shelters, etc.),
permanent transportation assets (e.g., motorized/non-motorized sensors), and similar
transportation elements. Municipal Capital Projects do not include planning projects.
1.2.17. Municipal Five-Year Plan means the program of Transportation Surtax-funded
Eligible Municipal Projects over a rolling period of the next five Fiscal Years, which
program is subject to County Commission decisions regarding budgeting and
appropriation of Transportation Surtax Proceeds for each applicable Fiscal Year. A Fiscal
Year reference to a Five-Year Plan means the plan for the five years commencing with the
stated Fiscal Year, such that “Fiscal Year 2025 Five-Year Plan” means the Five-Year Plan
for the period that begins on October 1, 2024, and ends on September 30, 2029.
1.2.18. Municipal Capital Project Contingency means Transportation Surtax Proceeds
allocated by the County Commission for the purpose of covering unforeseen Municipal
Capital Project costs in a project’s construction phase (e.g., tariffs, inflation/cost
escalation, etc.), up to either a maximum of five percent (5%) of the total cost of
construction or such higher maximum not-to-exceed amount if approved by County
pursuant to Section 4.4.4.
1.2.19. Municipal R&M Projects means Eligible Municipal Projects that involve the
rehabilitation of a road or other transportation-related capital improvement (e.g.,
sidewalks, bike paths, road and roadway lighting, road drainage, bus shelter, etc.) or asset
(e.g., motorized/non-motorized sensors, etc.) to restore it to a safe and functional
condition and/or preventative maintenance of any of the foregoing to preserve it from
failure or decline. Municipal R&M Projects do not include, without limitation: mowing;
tree trimming; pressure cleaning; painting; irrigation repairs; landscaping repairs and
maintenance; cleaning and maintenance of catch basins, storm drains, and pipes; or any
rehabilitation and maintenance of pathways or greenways that are purely recreational in
nature and not for transportation purposes (including but not limited to self-contained (i)
sidewalks, (ii) greenways, (iii), running paths, or (iv) cycling paths).
1.2.20. Municipal Single Point of Contact means an individual municipal employee
designated in writing by the applicable Municipality to the BCCMA to represent its
interests; send and receive communications related to the surtax program; and
communicate regarding the Municipality’s approved surtax projects, services, and
initiatives.
1.2.21. New Municipal Capital Projects means all Municipal Capital Projects other than
(a) each Municipal Capital Project approved during Cycles 1 through 5, and (b) Municipal
Capital Project Tails.
2025 Transportation Surtax ILA (3rd Amendment) Page 5 of 36
1.2.22. On-demand Transportation Services shall have the meaning as provided in
Section 212.055(1)(e), Florida Statutes, as may be amended. As of the Effective Date, the
term “On-demand Transportation Services” means transportation provided between
flexible points of origin and destination selected by individual users with such service
being provided at a time that is agreed upon by the user and the provider of the service
and that is not fixed-schedule or fixed-route in nature.
1.2.23. Oversight Board means the Independent Transportation Surtax Oversight Board
established by the Transportation Surtax Ordinance.
1.2.24. Road shall have the general meaning as stated in the Florida Transportation Code,
Section 334.03(22), Florida Statutes, as amended. As of the Effective Date, “road” means
“a way open to travel by the public, including, but not limited to, a street, highway, or
alley.” Absent express conflicting modification to that statutory definition of “road,” for
the purposes of this 2025 ILA: a “road” includes, without limitation, a roadway (i.e., a road
meant for vehicular travel), a bicycle path, a sidewalk, or other modality whereby
pedestrians, cyclists, or drivers of motorized vehicles may travel from one place to
another. Notwithstanding anything to the contrary in the Florida Transportation Code
definition of “road,” for purposes of this 2025 ILA, a “road” does not include, among other
things, privately owned roads or roadways, privately owned rights-of-way, roads or
roadways within gated communities, self-contained pathways such as running/walking
tracks, self-contained bicycle pathways (such as biking courses within parks), or other
pathways intended primarily for recreational (rather than transportation) purposes.
1.2.25. Surtax Funding Agreement means an interlocal agreement executed by County
and the applicable Municipality, pursuant to Section 212.055(1), Florida Statutes, in the
form acceptable to County, that provides for the remittance of Transportation Surtax
funds to the Municipality for a specific Eligible Municipal Project or expenditure.
1.2.26. Transportation Surtax Proceeds, except where the context indicates otherwise,
means the amount of Transportation Surtax funds County received for the applicable
Fiscal Year from the Florida Department of Revenue, exclusive of the five percent (5%)
set-aside amount required by Section 129.01(2)(b), Florida Statutes.
1.3. Exhibits. The following exhibits are incorporated into this 2025 ILA:
Exhibit A Cycle 1 Ranked Projects Not Under a Surtax Funding Agreement
Exhibit B Fiscal Year 2026 Formula-based Funding Amounts
Exhibit C List of Municipal Capital Project Tails
Exhibit D Municipal Projects Awarded for Fiscal Years 2020 – 2029
2025 Transportation Surtax ILA (3rd Amendment) Page 6 of 36
ARTICLE 2. ELIGIBLE MUNICIPAL PROJECTS
To constitute an Eligible Municipal Project, in addition to meeting the requirements contained
within Section 212.055(1), Florida Statutes, the proposed project must meet the following
eligibility criteria, as applicable:
2.1. Primarily Public Benefit: No proposed Eligible Municipal Project relating to a road is
eligible for Transportation Surtax funding unless the primary benefit of such project is associated
with a public road or public right-of-way. Proposed projects located within gated communities
and other nonpublic roads or nonpublic rights-of-way are not eligible for funding under this 2025
ILA.
2.2. Street Lighting: A proposed Eligible Municipal Project that includes improvements to
lighting systems is only eligible if it illuminates the road or public right-of-way primarily for the
benefit of vehicles, pedestrians, or bicyclists. Such street lighting work may be a component of a
Municipal Capital Project that included phases that were funded earlier with Transportation
Surtax funds and/or different funding source. Municipalities must obtain a lighting justification
report consistent with any applicable written County and FDOT policies as well as the criteria
outlined in the version of the Florida Greenbook in use at the time the design and construction
work are being performed.
2.3. Drainage: Public road stormwater drainage system improvements are eligible to the
extent the applicable Municipality obtains certification from a licensed Florida professional
engineer stating that the drainage improvements primarily address stormwater runoff from
public property onto a public road or public right-of-way. Drainage improvements onto or from
private roads and/or developments may have partial eligibility if the drainage improvements
primarily benefit a public road or right-of-way.
2.4. Sound Walls: Noise abatement projects involving the construction or improvement to
sound walls are only eligible for Transportation Surtax funding if the requested sound wall: (1)
(a) is part of an Eligible Municipal Project involving the addition of through lanes to an existing
roadway; (b) alters the roadway alignment significantly; or (c) involves the construction of a new
roadway; and (2) is also consistent with any applicable written County and FDOT policies as well
as the criteria outlined in the version of the Florida Greenbook in effect at the time the project
design and construction work are being performed.
2.5. Fiber-Optic Improvements/Real-time Transportation Signage: A proposed Eligible
Municipal Project relating to the installation or improvement to real-time transportation signage
(e.g., traffic warnings, notifications of roadway closures, etc.) that involves fiber-optic
improvements or connections is eligible for Transportation Surtax funding only if access to the
fiber-optic system has received written approval from all entities that are responsible for
maintaining and operating that fiber-optic system.
2025 Transportation Surtax ILA (3rd Amendment) Page 7 of 36
2.6. Landscaping: Landscaping improvements are only eligible if within the public road right-
of-way immediately adjacent to the road improvement project at issue. Such landscaping
improvements may be a component of a Municipal Capital Project that included phases that were
funded earlier with Transportation Surtax funds and/or different funding source.
2.7. Parking: Improvements used for park-and-ride (or other transit-oriented development
parking) that serves the public are eligible, provided that any parking fees charged that exceed
the actual costs of operating and maintaining the facility may only be utilized for transportation-
related improvements within the applicable Municipality and provided such improvements, if
Transportation Surtax funding had been sought, would have been eligible for Transportation
Surtax funding.
2.8. ADA Accommodations: Components of Eligible Municipal Projects involving
improvements to roads for purposes of ADA compliance are eligible for Transportation Surtax
funding.
2.9. Safety Assets: Proposed Eligible Municipal Projects involving traffic calming
improvements (i.e., speed control devices or improvements that otherwise comply with
Applicable Law other than cameras used to issue citations) on a public road or right-of-way are
eligible.
2.10. Decorative Elements/Functional Public Art: Proposed Eligible Municipal Projects that
include decorative elements and/or functional public art (e.g., pavers for crosswalks, decorative
wayfinding signage for roads, decorative sidewalk benches, artistic road lights, decorative shade
structures over sidewalks or public transit shelters, etc.) are eligible for partial Transportation
Surtax Funding in an amount equal to the cost of the standard, nondecorative/nonartistic
alternative for design and/or construction (as applicable), and provided that Municipality’s
engineer of record attests in writing that the decorative/functional public art component has a
useful life that is at least as long as the standard, nondecorative/nonartistic alternative.
Municipalities are encouraged to coordinate the inclusion of decorative elements and/or
functional public art components with applicable County agencies (e.g., the Cultural Division, the
Public Works Department, etc.).
ARTICLE 3. STATUS AND TERMINATION OF CYCLE 1 RANKED PROJECTS
As of the Effective Date, the Cycle 1 Ranked Projects shown on Exhibit A are not currently under
a Surtax Funding Agreement. MAP Administration may, in its discretion, after consultation with
the affected Municipality, terminate any such project unless, within ninety (90) days after the
Effective Date, Municipality and County have entered into a Surtax Funding Agreement for that
project. MAP Administration shall provide the Municipality with at least thirty (30) days’ advance
written notice of any intention to terminate a Cycle 1 Project pursuant to this section.
Should Municipality believe it has good cause for an extension beyond the ninety (90) day period
provided for in this section and disagree with MAP Administration’s decision to terminate a
2025 Transportation Surtax ILA (3rd Amendment) Page 8 of 36
project, Municipality may seek an extension from the County Administrator for up to an
additional ninety (90) day period. To exercise this right to seek an extension for such projects,
Municipality must provide written notice to MAP Administration between the date it receives
the written notice of MAP Administration’s intent to terminate but prior to the effective date of
termination. Municipality’s written request for additional time must include all supporting
documentation Municipality believes should be considered as part of the request and must be
received by MAP Administration at least fifteen (15) days prior to the noticed date of termination;
if such a request and supporting documentation is timely received, the cancellation will be
suspended pending consideration of the request by the County Administrator, whose decision
regarding the extension request shall be final and not subject to further review. If the County
Commission amends the Transportation Surtax Ordinance to authorize the Oversight Board to
perform the functions of County Administrator set forth in this section regarding review and
consideration of extension requests, all references to the County Administrator in this section
relating to extension requests shall be automatically replaced with “Oversight Board.”
Notwithstanding the foregoing, any Cycle 1 Ranked Project not under a Surtax Funding
Agreement that was completed by a Municipality with a funding source other than the
Transportation Surtax may be terminated by MAP Administration at any time with at least thirty
(30) days’ written notice to Municipality, and such termination shall not be subject to further
review or consideration.
All appropriated funds from Cycle 1 Ranked Projects terminated pursuant to this section will be
reallocated to Municipalities for Eligible Municipal Projects in the next Fiscal Year as part of the
Adopted Municipal Transportation Surtax Funding. Such reallocated funds have already counted
towards a prior Fiscal Year’s Minimum Annual Guarantee and shall therefore not count towards
County’s Minimum Annual Guarantee obligations for the next Fiscal Year.
All existing Cycle 1 Ranked Projects shall no longer be eligible to receive separate cost escalation
funding from County and the contingency provisions in Section 4.4.4 shall apply.
ARTICLE 4. ELIGIBLE MUNICIPAL PROJECTS AND FUNDING PRIORITIES
4.1. Funding Priorities. Each Fiscal Year, and subject to County’s commitment to provide
Municipalities at least the Minimum Annual Guarantee, County will advise Municipalities in
writing of the Adopted Municipal Transportation Surtax Funding for the upcoming Fiscal Year and
the method by which such funding will be divided between the various types of Eligible Municipal
Projects, based on the following prioritization:
• Fiscal Years 2026-2029
o Priority 1: Community Shuttle as described in Section 4.2. below.
o Priority 2: Existing Eligible Municipal Projects contained in then-current Municipal
Five-Year Plan.
o Priority 3: Formula-based Funding for Municipal R&M Projects and On-Demand
Transportation Services as described in Section 4.3. below.
o Priority 4: Grant Match Program as described in Section 4.5 below.
2025 Transportation Surtax ILA (3rd Amendment) Page 9 of 36
• Fiscal Years 2030-2033
o Priority 1: Community Shuttle as described in Section 4.2 below.
o Priority 2: Municipal Capital Project Tails as described in Section 4.4 below.
o Priority 3: Formula-based Funding for Municipal R&M Projects and On-Demand
Transportation Services as described in Section 4.3 below.
o Priority 4: Grant Match Program as described in Section 4.5 below.
• Fiscal Years 2034-2048
o Priority 1: Community Shuttle as described in Section 4.2 below.
o Priority 2: Formula-based Funding for Municipal R&M Projects and On-Demand
Transportation Services as described in Section 4.3 below.
o Priority 3: Grant Match Program as described in Section 4.5 below.
o Priority 4: New Municipal Capital Projects as described in Section 4.4 below.
Notwithstanding the prioritization schedule above or any other provision of this 2025 ILA, County
shall have no obligation to fund the Municipalities any amounts over the Minimum Annual
Guarantee in any Fiscal Year.
4.2. Community Shuttle.
4.2.1. Community Shuttle Funding. A portion of the Transportation Surtax Proceeds will
be used to directly fund the applicable Municipalities for the operating, maintenance, and
capital costs of existing, expanded, and new Community Shuttle in the amounts provided
for in separate Community Shuttle interlocal agreements between each Municipality and
County. Funding of Community Shuttle from Transportation Surtax Proceeds is not
subject to an evaluation or ranking process (whether by County or any County vendor).
Unless otherwise agreed in writing by County, to be eligible for Transportation Surtax
Proceeds, a Municipality’s Community Shuttle must meet or exceed the minimum
passengers per revenue service hour per route or such other County-imposed standards
for the applicable Fiscal Year(s). County may, in its sole discretion, modify these standards
based on future population and ridership and future County needs. County’s
Transportation Department participates in the administration of the Community Shuttle
program and allocated Community Shuttle funding is included in the Transportation
Department’s annual Fiscal Year budget. County may suspend minimum ridership
standards at any time because of interruptions due to hurricane, other natural disasters,
or other unexpected conditions, as deemed appropriate by the County Commission.
4.2.2. Joint Municipal Community Shuttle. Subject to written approval by County’s
Transportation Department’s Director or their written designee, Municipalities may
jointly develop a Community Shuttle that crosses municipal jurisdictions. For such joint
Municipal Shuttle programs, the written agreement with County must include all
2025 Transportation Surtax ILA (3rd Amendment) Page 10 of 36
participating Municipalities as parties but will identify one (1) Municipality as the primary
administrator and main point of contact for that joint Community Shuttle program.
4.3. Formula-based Funding for Municipal R&M Projects/On-demand Transportation Services.
4.3.1. Purpose of Formula-based Funding. The goal of formula-based funding as set forth
herein (“Formula-based Funding”) is to ensure that each Municipality receives funding
every year to be utilized: (a) to supplement (and not to supplant) their existing municipal
budgets for Municipal R&M Projects; and/or (b) for On-demand Transportation Services,
in accordance with this 2025 ILA.
4.3.2. Annual Formula-based Funding. Commencing for Fiscal Year 2026 and continuing
for each Fiscal Year through Fiscal Year 2033, County will determine the amount of and
set aside Formula-based Funding from available Transportation Surtax funds based on
amounts appropriated but unused from previous years’ Eligible Municipal Projects (e.g.,
differential between contracted amounts for Community Shuttle and amount actually
expended, cost savings on projects that were completed under budget, etc.). For Fiscal
Year 2034 through Fiscal Year 2048, Formula-based Funding shall be set at sixty percent
(60%) of the remaining Adopted Municipal Transportation Surtax Funding after deducting
the full maximum contracted amount for all Municipalities’ Community Shuttle. For each
Fiscal Year, Formula-Based Funding will be allocated among the Municipalities based on
the number of Centerline Miles in each Municipality as identified in the most recent
report from FDOT. The distribution of Formula-based Funding for Fiscal Year 2026 (which
is based on Fiscal Year 2023 reporting to FDOT) is shown on Exhibit B. Each Fiscal Year, on
or about July 31, County will advise Municipalities of County’s then-known best estimate
of Formula-based Funding that each Municipality will be eligible to receive for Municipal
R&M Projects and On-demand Transportation Services for the upcoming Fiscal Year.
4.3.3. Minimum Requirements for Formula-based Funding for Municipal R&M Projects.
Formula-based Funding that a Municipality elects to use for Municipal R&M Projects is
intended to supplement, and not supplant, the amounts Municipality already spends
from non-Transportation Surtax revenue sources for such activities. Supplanting occurs
when a Municipality reduces its use of non-Transportation Surtax funds for activities that
would otherwise qualify as a Municipal R&M Project because Transportation Surtax funds
are available (or expected to be available) to fund that same project or activity.
Supplementing occurs when Transportation Surtax funds are provided to a Municipality
for Municipal R&M Projects to enhance existing projects, to undertake new projects, or
accelerate projects planned in future Fiscal Years. Contemporaneous with a Municipality’s
submission of its list of proposed Municipal R&M Projects each Fiscal Year, Municipality
shall, through its Municipal Single Point of Contact or another individual specifically
authorized by the Municipality’s elected body, represent and warrant in writing to County
that Formula-based Funding for Municipal R&M Projects will not be used to supplant non-
Transportation Surtax projects approved and/or adopted in the Municipality’s budget.
County may annually audit each Municipality’s compliance with the requirements of this
2025 Transportation Surtax ILA (3rd Amendment) Page 11 of 36
section. A Municipality using the Formula-based Funding for Municipal R&M Projects that
are currently budgeted may be evidence of supplanting. If County determines at any time
that any Municipality has utilized Formula-based Funding to supplant funding for
activities from non-Transportation Surtax funding, then County may, in the County
Administrator’s discretion, withhold future Formula-based Funding up to the amount
determined to have been supplanted in the applicable Fiscal Years(s). If circumstances
outside the reasonable control of Municipality render it unable to meet the requirements
contained in this section in a given Fiscal Year (e.g., change in law regarding ad valorem
taxation; act of God causing emergency expenditure of non-Surtax dollars by Municipality
such as a hurricane or tropical storm; etc.), or if a Municipality believes that other good
cause exists for it to be able to use Formula-based Funding for a Fiscal Year for a Municipal
R&M Project that is in that Municipality’s adopted budget for that same Fiscal Year ,
Municipality may request in writing from the County Administrator to have the
requirements contained in this section waived or modified for that Fiscal Year, which
waiver or modification may be granted or denied, in whole or in part, in the County
Administrator’s sole discretion.
4.3.4. Application, Review, and Approval of Municipal R&M Projects. Within thirty (30)
days after County provides Municipalities with the amounts for Formula-based Funding
for the upcoming Fiscal Year, each Municipality must submit, on a form approved by MAP
Administration, a list of proposed Municipal R&M Projects on which Municipality intends
to utilize its Formula-based Funding for the upcoming Fiscal Year. The list must include at
least the following details for each proposed Municipal R&M Project: (i) a description of
the geographic areas of the project; (ii) the anticipated start and completion date of work
to be performed in connection with the project; (iii) the proposed CBE commitment for
the project, which shall be at least the minimum requirements provided for in this 2025
ILA; and (iv) such other details as may be requested by MAP Administration. Upon receipt
of the list, County will review the proposed projects for eligibility pursuant to Section
212.055(1)(d), Florida Statutes, and this 2025 ILA, and to determine whether the projects
or proposed timing will create negative impacts, including but not limited to potential
conflicts with other proposed or ongoing projects (whether municipal, county, state, or
federal). Within sixty (60) days after receipt of each Municipality’s list, MAP
Administration shall notify Municipality, in writing, if (a) the projects are approved as
submitted (in which case MAP Administration shall advise what the CBE goals, if any, are
required for the project(s)); (b) the projects have been found statutorily eligible or
ineligible (in whole or in part) for Transportation Surtax funding; and/or (c) a conflict with
another project exists. If a proposed project is deemed statutorily ineligible for funding or
a conflict with another project exists, MAP Administration will advise Municipality that it
may either delay the commencement date or submit a replacement project (as
applicable).
4.3.5. Deferral of Formula-based Funding for Municipal R&M Projects. A Municipality
may elect, in any given Fiscal Year, to defer receipt of its Formula-based Funding for
Municipal R&M Projects to allow it to receive a larger sum in such later Fiscal Year and
2025 Transportation Surtax ILA (3rd Amendment) Page 12 of 36
permit it to perform larger Municipal R&M Projects. A Municipality that wishes to defer
its Formula-based Funding pursuant to this section must provide MAP Administration
with written notification of its intention to defer within sixty (60) days after County
notifies Municipality of its Formula-based Funding amount for that Fiscal Year; election
to defer does not alleviate Municipality’s obligation to timely provide the project details
required in Section 4.3.4 above in the Fiscal Year it intends to use the deferred funding.
Municipality may, with timely notice to MAP Administration, defer its Formula-based
Funding for Municipal R&M Projects for up to three (3) consecutive Fiscal Years. Deferral
requests for more than three (3) consecutive Fiscal Years and up to five (5) consecutive
Fiscal Years are subject to review and approval of the County Administrator, in their
discretion. No Municipality may seek a deferral of Formula-based Funding for more than
five (5) consecutive Fiscal Years after the Fiscal Year that Municipality was scheduled to
receive such funding. Deferred funds that would otherwise have been allocated to
Municipality for R&M Projects but for Municipality’s deferral request will be held by
County until the Fiscal Year following the deferral period. Such deferred funds will be
counted towards the Minimum Annual Guarantee in the Fiscal Year(s) the funds would
have been paid to the Municipality but for the deferral request and shall not count
towards the Minimum Annual Guarantee in the Fiscal Year(s) such amounts are paid as a
result of the deferral request. Deferrals pursuant to this section shall affect only the
timing of Municipality’s receipt of the Formula-based Funding and shall not impact the
amounts allocated to Municipality pursuant to Section 4.3.2. above.
4.3.6. On-demand Transportation Services. Each Municipality shall have the discretion
to utilize all or some of its annual Formula-based Funding for On-demand Transportation
Services as it deems appropriate, subject to Municipality entering into a written
agreement with the On-demand Transportation Service provider and further subject to
meeting the eligibility criteria and other requirements stated in this 2025 ILA and the
provisions of this section:
4.3.6.1. A Municipality with an existing Community Shuttle may not terminate or
reduce the services associated with that program and replace it with On-demand
Transportation Services except with the prior written consent of County’s
Transportation Department Director or written designee, and until after all
vehicles purchased for Municipality’s Community Shuttle program (including any
applicable joint Community Shuttle program) have met or exceeded the minimum
useful life expectancy under applicable Federal Transportation Administration
(“FTA”) regulations and guidelines (currently five (5) years in service and at least
two hundred fifty thousand (250,000) miles).
4.3.6.2. Municipality represents and warrants that its agreements with any On-
demand Transportation Services provider and all vehicles used by such provider
will at all times comply with all Applicable Law, including without limitation all FTA
drug and alcohol testing requirements for transit operators, the ADA, and (to the
extent applicable) Florida law regarding the operation of low-speed vehicles. In
2025 Transportation Surtax ILA (3rd Amendment) Page 13 of 36
addition, Municipality agrees that each contract it enters into with an On-demand
Transportation Services provider includes a requirement that the provider obtain
and maintain automobile business liability insurance (including owned, hired, non-
owned, scheduled) in an amount not less than one million dollars ($1,000,000) per
occurrence for property damage and not less than one million dollars ($1,000,000)
per occurrence for bodily injury, with both Municipality and County named as
additional insureds under such policies.
4.3.6.3. Prior to the commencement of On-demand Transportation Services
funded by Transportation Surtax Proceeds, each Municipality shall provide
County, on a form approved by MAP Administration, the name of each On-
demand Transportation Services provider with which it has contracted to perform
such services, a copy of the contract with such provider, the provider’s Certificate
of Insurance, and such other information as may be requested by MAP
Administration.
4.3.6.4. Each Municipality utilizing Transportation Surtax Proceeds to provide On-
demand Transportation Services is solely responsible for administering all
contracts it has entered with providers of such services and shall, to the maximum
extent allowable under Applicable Law, indemnify, defend, and hold County
harmless from all claims, causes of action, and damages of any kind associated
with such On-demand Transportation Services.
4.3.7. Payment of Formula-based Funds; Return of Unused Funds. Except if a
Municipality has elected to defer receipt of Formula-based Funding for a specific Fiscal
Year as provided for in Section 4.3.5, each Municipality will receive its annual Formula-
based Funds, in full, within forty-five (45) days after County’s approval of Municipality’s
list of proposed Municipal R&M Projects and On-demand Transportation Services (if
applicable). If a Municipality does not wish to receive advance funding and would rather
receive its Formula-based Funding quarterly throughout the Fiscal Year on a
reimbursement basis, the Municipality may make such request in writing to the County
Administrator, who shall have the authority, in their discretion, to approve or reject such
request. If a Municipality does not fully encumber all Formula-based Funds in a single
Fiscal Year (i.e., not committed to an approved project already under contract), within
thirty (30) days after the issuance of Municipality’s annual comprehensive financial
report, Municipality shall notify the County in writing regarding the status of such
unencumbered funds and may request to have those unencumbered funds rolled over to
the next Fiscal Year so that the project(s) on which such funds were intended to be used
can be completed. The County Administrator, upon receipt of the Municipality’ request,
may either approve the rolling over of such funds to the same project, which must be
completed within the next Fiscal Year, or direct in writing that such unencumbered funds
be returned to County within sixty (60) days of such written direction, and such funds may
be reallocated by County towards approved Municipal R&M Projects and On-demand
Transportation Services for the next Fiscal Year (e.g., a refund of Formula-based Funding
2025 Transportation Surtax ILA (3rd Amendment) Page 14 of 36
received for Fiscal Year 2026 may be requested by the Municipality for Municipal R&M
Projects and On-demand Transportation Services for Fiscal Year 2027).
4.3.8. Small Municipality Formula-based Funding Enhancement. A Municipality that has
less than or equal to one percent (1%) of Centerline Miles within Broward County and
does not, as of the Effective Date, have a Community Shuttle operating within the
Municipality, may elect, at any time, to permanently waive for the term of this 2025 ILA
the ability to seek funding for Community Shuttle, the Grant Match Program, and for New
Municipal Capital Projects. Such waiver must be in writing, approved by the elected body
of Municipality, and delivered to MAP Administration. Should a Municipality provide
County with such a waiver, that Municipality’s annual Formula-based Funding amount will
be increased by an amount equal to the percentage of Centerline Miles owned by that
Municipality, divided by the total number Centerline Miles within all Municipalities, and
then multiplied by the total amount funded that Fiscal Year for Municipal R&M Projects,
On-demand Transportation Services, and the Grant Match Program. For example, if
Municipality has 0.5% of the Centerline Miles located within all Municipalities within
Broward County, and $40 million is allocated that Fiscal Year for Municipal R&M Projects
and On-demand Transportation Services and the Grant Match Program, the increase in
Municipality’s Formula-based Funding for that Fiscal Year will be $200,000 (i.e., $40
million x 0.5%).
4.4. Funding of Municipal Capital Projects and Municipal Capital Project Tails.
4.4.1. Municipal Capital Projects with Existing Surtax Funding Agreements.
Municipalities seeking funding for the next phase(s) of previously approved Municipal
Capital Projects that are included in the current or prior Municipal Five-Year Plans and
that are already under a Surtax Funding Agreement as of the Effective Date must enter
into a new Surtax Funding Agreement that will govern all future phases of that project.
4.4.2. Municipal Capital Projects without a Surtax Funding Agreement. Municipal
Capital Projects that have not been the subject of a Surtax Funding Agreement prior to
the Effective Date must have a fully executed Surtax Funding Agreement in order to be
funded with Transportation Surtax Proceeds.
4.4.3. Municipal Capital Project Tails. Municipal Capital Projects that were approved for
planning or design phases prior to the Effective Date, and for which subsequent phases
were not included in any Municipal Five-Year Plan prior to the Effective Date, will be
prioritized for funding of subsequent phases in future Fiscal Years, subject to the
processes described in this section. A list of these projects and currently recommended
funding amounts is attached as Exhibit C. Each Fiscal Year, MAP Administration will
conduct a readiness review of the projects identified in Exhibit C and identify which
2025 Transportation Surtax ILA (3rd Amendment) Page 15 of 36
projects are able to receive funding and identify the anticipated Fiscal Year in the Five-
Year Plan in which funding will be provided.
4.4.4. Municipal Capital Project Contingency; Cost Escalation. Municipal Capital Project
Contingency will only apply to or be available to fund construction-phase Municipal
Capital Projects. Contingency amounts included in any Surtax Funding Agreement will be
part of the maximum not-to-exceed Transportation Surtax funding amount for that phase
of the project, inclusive of any Transportation Surtax funding rolled over from previous
phases. A Municipality may request that additional Municipal Capital Project Contingency
be added to a Surtax Funding Agreement above and beyond the maximum not-to-exceed
amount of Transportation Surtax funding awarded for the project during the negotiation
of the Surtax Funding Agreement. If there are appropriated but unallocated
Transportation Surtax Funds within the Adopted Municipal Transportation Surtax
Funding, the County Administrator may, in their sole discretion and on a case-by-case
basis, agree to include in the Surtax Funding Agreement a line item for Municipal Capital
Project Contingency up to a maximum amount not-to-exceed twenty-five percent (25%)
of the Transportation Surtax-funded portion of the Municipal Capital Project. The
Transportation Surtax funds associated with Municipal Capital Project Contingency are
payable on a reimbursement basis and may only be requested by Municipality after all
work on the applicable project has been completed, as documented by final invoices for
the project and certifications of completion from Municipality (including attestations
from Municipality’s project manager or engineer of record on the applicable project).
4.5. Grant Match Program. Commencing in Fiscal Year 2026 and continuing each subsequent
Fiscal Year through Fiscal Year 2033, subject to the prioritization schedule shown in Section 4.1,
County may allocate a portion of Adopted Municipal Transportation Surtax Funding towards a
Grant Match Program. For Fiscal Year 2034 through Fiscal Year 2048, Grant Match Program
funding shall be set at forty percent (40%) of the Adopted Municipal Transportation Surtax
Funding after deducting the full maximum contracted amount for all Municipalities’ Community
Shuttle. The purpose of the Grant Match Program is to allow Municipalities to seek
Transportation Surtax funds for use toward required local match amounts in connection with
state or federal grant funding or appropriations for otherwise Eligible Municipal Projects. In
addition to all other requirements contained in this 2025 ILA, the following shall apply to the
Grant Match Program:
4.5.1. Each Municipality seeking funding from the Grant Match Program for an Eligible
Municipal Project shall submit an application to MAP Administration providing details of
the proposed Eligible Municipal Project for which funding is sought including, without
limitation: (a) the geographic area where the project will be constructed; (b) the proposed
start and completion date of the project; (c) the state or federal grant program or
appropriation; (d) a copy of the grant application or notice of funding award (if
applicable); and (e) such other information as MAP Administration may require.
2025 Transportation Surtax ILA (3rd Amendment) Page 16 of 36
4.5.2. Each proposed project is subject to County review for eligibility under Section
212.055(1)(d), Florida Statutes, and this 2025 ILA.
4.5.3. Approval may be subject to confirmation that the proposed project does not
create deleterious competition to a project actively supported by County.
4.5.4. Each Municipality shall only be able to apply for funding from the Grant Match
Program one (1) time each Fiscal Year. Multiple Municipalities may apply jointly for
funding from the Grant Match Program for projects that are located within their collective
jurisdictions. A joint application shall count as an application by each Municipality
participating in the joint project.
4.5.5. To be eligible for funding through the Grant Match Program, the Municipality (or
Municipalities, if a joint project) must pledge to fund at least twenty-five percent (25%)
of the required local match from non-Transportation Surtax Funds.
4.5.6. Depending on availability of funds, County may, at the beginning of each Fiscal
Year, establish and notify Municipalities of a per-project limit on match funding from the
Grant Match Program.
Funding from the Grant Match Program is generally available on a first-come/first-served basis
throughout the Fiscal Year. Funding from the Grant Match Program in the amount requested by
each Municipality will be encumbered upon MAP Administration’s approval of a completed Grant
Match Program application. Municipality must notify MAP Administration in writing regarding
the status of their grant or appropriation application no later than thirty (30) days after notices
of award are announced by prospective grantors. If a Municipality is not awarded the state or
federal grant or appropriation during that grant or legislative cycle, the Grant Match Program
approval will be deemed cancelled and the encumbered funds will be made available to other
Municipalities that wish to apply for funding from the Grant Match Program. If a Municipality
receives a reduced amount of the grant or appropriation, the funding from the Grant Match
Program will be reduced in a proportionate amount.
If Municipality is awarded a grant or appropriation for the Eligible Municipal Project and will
receive funding from the Grant Match Program, in addition to all other obligations contained in
the grant or appropriation agreement, Municipality must comply with all other requirements of
this 2025 ILA in connection with its receipt of Transportation Surtax funding for that project,
including the obligation to enter into a Surtax Funding Agreement for the project. To the extent
there is any express, direct conflict between (a) the terms of this 2025 ILA and/or a Surtax Funding
Agreement and (b) the requirements contained in any state or federal grant or appropriation
(e.g., prohibitions or limitations on CBE or other County ordinance, etc.), the requirements of the
federal or state grant or appropriation shall govern.
Commencing in March of each Fiscal year, MAP Administration will review the status of all
previously approved Grant Match Program funding requests and cancel approvals of Grant Match
Program funding under the following circumstances: (i) the grant or appropriation was not
2025 Transportation Surtax ILA (3rd Amendment) Page 17 of 36
awarded to the applicable Municipality; (ii) the Municipality’s project was selected for the
grant/appropriation but the award level is insufficient to allow the project to move forward
without additional (and unavailable) non-Surtax funds from the Municipality; or (iii) the grant
program ends without making an award. If a Grant Match Program approval is canceled, the
Transportation Surtax funds associated with the County grant for that project will be
unencumbered and be made available for other Eligible Municipal Projects, as more fully
described in Section 4.6 below.
4.6. Unencumbered Grant Match Program Funds; New Municipal Capital Projects.
If approved Grant Match Program funding is unencumbered as provided in Section 4.5 above,
MAP Administration will periodically notify the BCCMA in writing of the amount of funding that
has become unencumbered and request that the BCCMA provide a written response regarding
how such unencumbered funds should be utilized during the next Fiscal Year (i.e., reapplied to
the Grant Match Program, used for additional Formula-based Funding for Municipal R&M
Projects and On-demand Transportation Services, or dedicated to fund New Municipal Capital
Projects through a competitive application process). If the BCCMA does not provide a written
response to MAP Administration within sixty (60) days after receipt of the notice regarding the
unencumbered funds, the County Administrator may, in their discretion, determine the
disposition of such funds for Eligible Municipal Projects for the next Fiscal Year.
If the BCCMA advises that it wishes to have the unencumbered funds used to pay for New
Municipal Capital Projects through a competitive application process, the BCCMA and MAP
Administration will collaborate to establish the timeline for submission of such applications, the
criteria to be utilized by the BCCMA to rank such applications, and any other material aspects of
the program. The details regarding the application process and program will be distributed to all
Municipalities at least sixty (60) days prior to the deadline for applications. All applications will
be reviewed by County for eligibility for Transportation Surtax Funding pursuant to Section
212.055(1)(d), Florida Statutes, and the terms of this 2025 ILA. After eligibility determinations are
made and the BCCMA completes its ranking process, the BCCMA shall provide the County
Administrator with its list of recommended New Municipal Capital Projects. Any Municipality
recommended for a New Municipal Capital Project that is ultimately approved by the County
Commission for Transportation Surtax funding must enter into a Surtax Funding Agreement to
receive Transportation Surtax funding.
ARTICLE 5. DISTRIBUTION OF TRANSPORTATION SURTAX PROCEEDS
5.1. County’s Minimum Annual Guarantee; Project Funding; Annual True-Up.
5.1.1. For each Fiscal Year, the annual amount of Transportation Surtax appropriated for
Eligible Municipal Projects shall be no less than the Minimum Annual Guarantee for the
applicable Fiscal Year. Notwithstanding anything else stated in this 2025 ILA, the Parties
acknowledge and stipulate that County has no obligation to fund Eligible Municipal
Projects in any Fiscal Year in excess of the Minimum Annual Guarantee. In addition, the
2025 Transportation Surtax ILA (3rd Amendment) Page 18 of 36
Parties acknowledge and stipulate that County may in any Fiscal Year, without any further
condition and in its sole discretion, utilize Transportation Surtax Proceeds in excess of the
Minimum Annual Guarantee amount allocated to the Municipalities for that Fiscal Year
to fund Eligible Municipal Project(s), whether or not the project(s) were ever ranked by
the BCCMA and regardless of any ranking priority that had previously been assigned to
the project(s). Further, the Parties agree that: (i) any Eligible Municipal Project’s previous
ranking does not apply to Municipal Capital Projects or Municipal R&M Projects that
County elects to fund in excess of the Minimum Annual Guarantee; and (ii) County has
complete discretion to fund any such Eligible Municipal Projects in excess of the Minimum
Annual Guarantee if, and on such terms and conditions, that County chooses.
5.1.2. Each Fiscal Year, County shall perform an Annual True-Up comparing (i) the
Adopted Municipal Transportation Surtax Funding for the previous Fiscal Year against (ii)
the actual Transportation Surtax Proceeds received by County and (iii) the actual amount
paid out to Municipalities for Eligible Municipal Projects.
5.1.2.1. If, as a result of the Annual True-Up, County determines that
County received less Transportation Surtax Proceeds than anticipated and, as a
result, the Adopted Municipal Transportation Surtax Funding paid to
Municipalities in a Fiscal Year was more than the percentage of Transportation
Surtax Proceeds that County advised Municipalities was committed by County to
Municipalities for that Fiscal Year (such amount being the “Overpayment
Amount”), County may, in the County Administrator’s discretion, reduce the
Adopted Municipal Transportation Surtax Funding in the next Fiscal Year or delay
funding for Municipal Capital Projects (where: (a) a Surtax Funding Agreement for
a construction phase has not been executed; or (b) the Municipality has not
completed its solicitation or no Notice of Proceed to a contractor has been issued)
until a future Fiscal Year, or a combination of both, provided the total amounts
reduced or delayed does not exceed the Overpayment Amount. For example, if
County anticipated to receive $500 million in Transportation Surtax Proceeds for
Fiscal Year 2025, and County committed 10% ($50 million) to Municipalities for
that Fiscal Year (so the Adopted Municipal Transportation Surtax Funding was
budgeted at $50 million), and upon completing the Annual True-Up in April/May
2026, County determined that only $480 million in Transportation Surtax Proceeds
were actually received by County in Fiscal Year 2025, County may reduce the
Adopted Municipal Transportation Surtax Funding in Fiscal Year 2027 by the
Overpayment Amount of $2 million).
5.1.2.2. If, as a result of the Annual True-Up, County determines that
either (i) more Transportation Surtax Proceeds were received by County than
anticipated; or (ii) the full amount of Adopted Municipal Transportation Surtax
Funding was not appropriated in that Fiscal Year for Community Shuttle and/or
Eligible Municipal Projects (with the additional funds or the under-appropriated
funds being the “Differential Amount”), then County, in its sole discretion, after
2025 Transportation Surtax ILA (3rd Amendment) Page 19 of 36
consultation with the BCCMA, will: (i) make funding available in the current Fiscal
Year for Municipal Capital Project Contingency; and/or (ii) roll over funds to the
next Fiscal Year to increase (a) the Formula-based Funding for Municipal R&M
Projects and On-demand Transportation Services and/or (b) the funding of the
Grant Match Program; the total additional funding available in the current Fiscal
Year and the roll over funds to the next Fiscal Year shall not exceed the Differential
Amount. For example, if County anticipated receiving $500 million in
Transportation Surtax Proceeds for Fiscal Year 2025, and committed 10% ($50
million) in Transportation Surtax Proceeds to Municipalities for that Fiscal Year,
and upon completing the Annual True-Up in April/May 2026, County determined
that $520 million in Transportation Surtax Proceeds was actually received in Fiscal
Year 2025, County may add funding in Fiscal Year 2026 to Municipal Capital Project
Contingency and/or increase the Adopted Municipal Transportation Proceeds in
Fiscal Year 2027, up to an aggregate total of $2 million. Any increase in funding to
Municipalities due to the Annual True-Up shall not count towards the Minimum
Annual Guarantee for the Fiscal Year in which the increase is made.
5.1.3. Upon a written request from a Municipality, County in its sole discretion
may apply previously approved funding for a designated phase (i.e., planning and design)
of an Eligible Municipal Project previously approved (whether during the term of this 2025
ILA or an earlier version of the ILA) to another phase of the same project (i.e., design or
construction) if the following conditions are met: (i) the previously recommended
phase(s) are completed or other circumstances render Transportation Surtax funding of
those phase(s) futile (e.g., the phase was funded with non-Transportation Surtax funds);
(ii) the replacement phase to be funded has been deemed by County to be statutorily
eligible for Transportation Surtax funding; and (iii) Municipality demonstrates to MAP
Administration that it has committed sufficient non-Transportation Surtax funds
necessary to complete the replacement project phase. The funding amount previously
approved for the replaced phase is the maximum amount that County will apply to the
replacement phase. Any funding reallocated pursuant to this section shall be counted
towards County’s Minimum Annual Guarantee obligations for the applicable Fiscal Year
that such funding was originally allocated.
5.1.4. The timing and process of funding any Eligible Municipal Project shall be
consistent with Applicable Law, including Section 129.01, Florida Statutes. Transportation
Surtax Proceeds shall not be utilized to fund any Eligible Municipal Project unless County
has determined the project is legally eligible for funding with Transportation Surtax
Proceeds. Notwithstanding anything in this 2025 ILA to the contrary, Transportation
Surtax Proceeds may not be used to fund: (i) an Eligible Municipal Project submitted by a
municipality that is not a party to this 2025 ILA; or (ii) any project (or element of a project)
that is determined to be statutorily ineligible to be funded with Transportation Surtax
Proceeds.
2025 Transportation Surtax ILA (3rd Amendment) Page 20 of 36
5.1.5. Reimbursements to Municipalities for Eligible Expenditures. Except for
Formula-based Funding provided to Municipalities in accordance with this 2025 ILA, all
other payments to Municipalities will be based on the funding schedule provided for in
the applicable Surtax Funding Agreement (which may include advance funding and/or
reimbursement-based funding). To the extent permissible under Applicable Law, the
Surtax Funding Agreement may be executed after Municipality has expended non-Surtax
funds on an Eligible Municipal Project but must be executed before County provides any
Transportation Surtax funds for the Eligible Municipal Project, and the applicable Surtax
Funding Agreement shall govern the eligibility (if any) of Municipality’s earlier
expenditures for reimbursement. Funding shall be limited to the funds budgeted and
allocated for that project in the then-current Fiscal Year, as distributed by County
consistent with this 2025 ILA.
5.2. County’s Annual Budget and Five-Year Plan.
5.2.1. Minimum Annual Guarantee Satisfaction through Fiscal Year 2025. The
Parties agree and stipulate that to the best of each Party’s knowledge, funding allocated
by County for Eligible Municipal Projects through the Effective Date meets all Minimum
Annual Guarantee obligations through Fiscal Year 2025.
5.2.2. Fiscal Year Budgets and Five-Year Plans for Fiscal Year 2026 through 2033.
For Fiscal Year 2026 and continuing through Fiscal Year 2033, in the normal course of
County’s annual budget and capital improvement planning process, County will, through
the County Commission acting within its discretion, allocate funding for projects funded
by the Transportation Surtax for the then-current Fiscal Year and approve a Five-Year
Plan, including Eligible Municipal Projects and County projects planned to utilize
Transportation Surtax funding.
5.2.3. County Commission Approval; Allocation for Eligible Municipal Projects.
Through and including Fiscal Year 2033, MAP Administration will develop a proposed
Municipal Five-Year Plan that includes at least the Adopted Municipal Transportation
Surtax Funding, consistent with prior rankings made under the Second Amendment
(subject to this 2025 ILA and any subsequent amendments) and County funding
recommendations for the applicable Fiscal Years. MAP Administration will notify the
BCCMA and Municipalities of County’s proposed Municipal Five-Year Plan and the
recommended municipal Transportation Surtax program for the applicable timeframe. As
used in this 2025 ILA, an Eligible Municipal Project (including, as applicable, the
designated phase of an Eligible Municipal Project) is “funded” when the allocation of
funding for the Eligible Municipal Project (or the designated phase, as applicable) is
included in County’s adopted budget for that Fiscal Year. A list of all municipal
Transportation Surtax funded projects (Municipal Capital Projects and Municipal R&M
Projects) for Fiscal Years 2020 through 2029 are attached as Exhibit D.
2025 Transportation Surtax ILA (3rd Amendment) Page 21 of 36
5.2.4. County’s Discretion to Reorder Funding of Eligible Municipal Projects. The
Parties agree and stipulate that County, with written approval of the County
Administrator or their written designee, under the circumstances set forth herein, may
deviate from rankings of Eligible Municipal Projects to accelerate or delay funding of an
Eligible Municipal Project for the applicable Fiscal Year with the goal of ensuring
Transportation Surtax Proceeds are utilized legally, responsibly, efficiently, and with the
least disruption to visitors, residents, and businesses. Deviations from rankings of Eligible
Municipal Projects in one Fiscal Year shall not operate to automatically modify the order
of priority for funding of Eligible Municipal Projects in any subsequent Fiscal Year, which
decision shall remain with the County Administrator or their written designee and subject
to the provisions of this section. If County uses its discretion pursuant to this section in
any Fiscal Year, it shall provide written notice to the impacted Municipality(ies) of such
deviation and the reason(s) for such deviation and commit to promptly fund any delayed
Eligible Municipal Project(s) once the reason(s) for the deviation as stated in County’s
written notice are resolved, subject to the availability of Transportation Surtax funds
committed by County for the applicable Fiscal Year. The circumstances under which
County may exercise its discretion pursuant to this section include but are not limited to
the following:
a. Demonstrated need, documented in writing, to coordinate the
construction timeline of the applicable Eligible Municipal Project and the timing
of other projects that affect the same or nearby transportation elements, to avoid
waste;
b. The Eligible Municipal Project is scheduled for construction funding
for that Fiscal Year but is not ready for construction to commence for any of the
following reasons:
(i) The Municipality does not have 100% complete, signed,
sealed, design plans and required construction documents for the project;
(ii) The Municipality has not obtained the written approval
necessary to construct the project from the owner(s) of the impacted
road(s);
(iii) Right-of-way required to construct the project has not been
acquired;
(iv) The permits required to construct the project have not been
obtained;
(v) The utility relocation required for the project to begin
construction work has not been completed or a utility relocation plan has
not yet been approved by all applicable entities;
2025 Transportation Surtax ILA (3rd Amendment) Page 22 of 36
(vi) Design plans for the Eligible Municipal Project materially
change the project in ways that impact the construction phase or
otherwise impact the project’s statutory eligibility, as determined by the
Transportation Surtax General Counsel;
(vii) Non-Transportation Surtax funding required to construct
the project is not available; or
(viii) The construction of the project requires coordination with
other projects being constructed in the area.
c. The applicable Municipality(ies) fails to execute or materially
breaches a Surtax Funding Agreement or this 2025 ILA;
d. The timing of a Municipality’s receipt of non-Transportation Surtax
funding in the form of grants and/or appropriations necessitates modifying a
project schedule; and/or
e. When necessary to comply with the laws, rules, court decisions,
orders, and regulations of applicable governmental authorities.
5.3. County Discretion to Terminate Funding for Municipal Capital Projects. MAP
Administration may, in its discretion, terminate funding for a Municipal Capital Project, in any
phase, if (i) it fails to meet the construction-ready requirements listed in Section 5.2.4. above, or
(ii) Municipality fails to enter into a Surtax Funding Agreement within 180 days after (a) the
project’s funding is appropriated by the County Commission, and (b) all prior phases and County
reviews and approvals of the project have been completed (e.g., OESBD review, etc.). If a project
is terminated, it will lose its ranking and its allocated funding will become available to fund other
Eligible Municipal Projects for any of the applicable Municipalities in the then-current Fiscal Year
or within two (2) Fiscal Years thereafter, whether through the Formula-based Funding or by
additional funding being made available to the Grant Match Program or for Municipal Capital
Project Contingency (construction projects only). Such reallocated funding from terminated
projects shall count towards County’s satisfaction of the Minimum Annual Guarantee in the Fiscal
Year in which the funding was originally intended to be spent and not in the Fiscal Year in which
it was reallocated to other Eligible Municipal Projects. A Municipality may elect to resubmit for
consideration, in a subsequent Fiscal Year, an Eligible Municipal Project previously terminated by
County. If Municipality disagrees with MAP Administration’s termination of a project pursuant to
this section, Municipality may, within fifteen (15) days after MAP Administration provides written
notice to Municipality of termination, provide MAP Administration with written notice of its
intent to seek further review of the termination and request for up to an additional ninety (90)
day extension from County to either satisfy the conditions that were the basis of the
determination to terminate or have the project be placed under a Surtax Funding Agreement, as
applicable. Municipality shall, within thirty (30) days after timely providing notice of its intent to
seek further review, provide MAP Administration with all documentation and other materials it
wishes to have considered by the County Administrator. The decision of the County Administrator
2025 Transportation Surtax ILA (3rd Amendment) Page 23 of 36
on whether to confirm the termination or provide the extension to Municipality is final. If the
County Commission amends the Transportation Surtax Ordinance to authorize the Oversight
Board to perform the functions of County Administrator set forth in this section regarding review
and consideration of extension requests, all references to the County Administrator in this
section relating to extension requests shall be automatically replaced with “Oversight Board.”
5.4. County’s Discretion to Deliver an Eligible Municipal Project. County may elect, at any time
prior to executing a Surtax Funding Agreement for the project and with the consent of the
applicable Municipality(ies) (which consent shall not be unreasonably withheld), to have County
or FDOT deliver any Eligible Municipal Project. County will provide written notice to the
Municipality of its intent to deliver the project. In such circumstances, the funding that would
have been provided to Municipality for it to deliver the Eligible Municipal Project will be retained
by County and/or paid to FDOT for the construction of the project. Notwithstanding the delivery
of an Eligible Municipal Project by County or FDOT, the funding for the project will be counted
toward that Fiscal Year’s satisfaction of County’s Minimum Annual Guarantee obligations.
5.5. Surtax Funding Agreements. For each Eligible Municipal Project, the Municipalities shall
receive Transportation Surtax Proceeds from County subject to and upon execution of a Surtax
Funding Agreement between County and Municipality. Transportation Surtax-funded Eligible
Municipal Projects must comply with the County Business Enterprise Program (in effect at the
time the Surtax Funding Agreement is executed) and include a CBE goal as determined by the
Office of Economic and Small Business Development. As of the Effective Date, each Eligible
Municipal Project (other than On-demand Transportation Services) shall include, to the extent
permitted by Applicable Law, at least a 30% CBE commitment of the Transportation Surtax
Proceeds utilized for the project, unless such requirement is determined inapplicable by the
Director of County’s Office of Economic and Small Business Development or is modified or waived
by the County Commission. In addition to the foregoing, each Surtax Funding Agreement will
include various requirements that Municipality must agree to in connection with the project,
including without limitation requirements that it comply with all Applicable Law relating to the
procurement of the contractor performing the work, the utilization of certain provisions
contained within County’s surtax-funded construction contract, obligations to provide financial
and status reports regarding the project for the project’s duration, adequate supporting
documentation, and such other requirements as may be requested by MAP Administration.
ARTICLE 6. ADDITIONAL REQUIREMENTS
6.1. Each Municipality shall: (a) fully comply and otherwise fully cooperate with the auditing,
project review, and oversight requirements stated in Section 31½-71, et seq., Broward County
Code of Ordinances, as same may be amended by County; (b) ensure that all of its expenditures
of Transportation Surtax Proceeds are consistent with Applicable Law and with any conditions
required by the County Commission; and (c) comply with the reporting requirements stated in
the applicable Surtax Funding Agreement, which may include requirements to report project
financials, performance data, and deliverables, as may be prescribed by MAP Administration.
2025 Transportation Surtax ILA (3rd Amendment) Page 24 of 36
6.2. Reporting and Accounting. Each Municipality receiving Transportation Surtax Proceeds
shall deposit and maintain all Transportation Surtax Proceeds in a segregated fund or account,
which shall be subject to annual reporting by Municipality as part of Municipality’s required
independent financial audit, along with audit by County and/or the Oversight Board. Any interest
earned or proceeds received by Municipality for any Transportation Surtax funds shall constitute
Transportation Surtax Proceeds and may only be utilized by Municipality for Eligible Municipal
Projects and in accordance with the terms of the applicable Surtax Funding Agreement. Upon
prior written approval by County, Municipality may utilize other methods of separate accounting
for the Transportation Surtax Proceeds provided the accounting method permits a full and
complete audit of the funds.
6.3. Permitting. To limit public inconvenience and facilitate the expeditious and efficient
completion of projects funded with Transportation Surtax Proceeds, for any project funded by
Transportation Surtax Proceeds that is performed by County and is in whole or in part within the
geographical boundaries of Municipality, that Municipality shall waive, unless prohibited by
applicable state or federal law, all municipal permitting requirements, except that this
requirement shall not apply to any portion of construction work performed by County that will
be owned, operated, and maintained by that Municipality. This waiver shall apply to, without
limitation, the requirements of permit application, permit issuance, inspections, and permitting
fees. County shall be responsible for ensuring adequate plan review, inspections, and compliance
with state and County standards for work performed by County. County shall waive all County
permitting fees for Municipal Capital Projects and Municipal R&M Projects unless and to the
extent prohibited by applicable state or federal law.
6.4. Road Closures. To the extent requested by County, each Municipality shall institute and
comply with a cooperative notification program, in a format prescribed by County, that ensures
County is promptly notified and promptly provided with data reasonably requested by County
regarding all municipal roads in Municipality that are closed for any reason, including but not
limited to construction of Eligible Municipal Projects, other construction, or flooding.
6.5. Branding and Marketing. Each Municipality shall participate in reasonable branding and
marketing efforts in the manner and content prescribed by County, including but not limited to
signage prominently acknowledging that the applicable projects are funded with Transportation
Surtax Proceeds. Such branding and marketing shall utilize County-approved wording, logos, or
other imagery that acknowledges the project contributions of County, the applicable
Municipality or Municipalities, and other participating agencies, when applicable. Municipalities
receiving Transportation Surtax funds must coordinate with MAP Administration regarding the
type, location, and quantities of signage for each project. The costs for all construction signage,
memorialized signage, and other branding and marketing materials requested by County
pursuant to this section shall be paid by MAP Administration using Transportation Surtax
Proceeds. County branding and marketing materials for Eligible Municipal Projects does not
count towards the Minimum Annual Guarantee.
2025 Transportation Surtax ILA (3rd Amendment) Page 25 of 36
6.6. Data Collection and Sharing. To the extent requested by MAP Administration, each
Municipality shall ensure that each of its projects funded in whole or in part with Transportation
Surtax Proceeds includes incorporation and placement of sensors or other devices on municipal
roads, rights-of-way, properties, and assets, for County-approved applications for mobility-
related data collection purposes, provided such placement shall not unreasonably interfere with
the aesthetics or Municipality’s use of such roads, rights-of-way, properties, or assets. County
shall fund the costs for any such incorporation and placement requested by County. To the extent
that Municipality controls data collection from these sensors or other devices, each Municipality
shall ensure the collection of data includes and is consistent with the scope, type, frequency,
quantity, and format requested by County to facilitate countywide collection and utilization of
transportation data. For the useful life of the applicable Eligible Municipal Project, to the extent
requested by MAP Administration, each Municipality shall provide County with all access to such
data, including recurring or real-time access or periodic download, as appropriate.
ARTICLE 7. GENERAL PROVISIONS
7.1. Term of Agreement. This 2025 ILA shall remain in full force and effect until all
Transportation Surtax Proceeds paid by County for Eligible Municipal Projects have been fully
expended by all Municipalities and ninety (90) days have elapsed after the Oversight Board has
completed its review of each applicable Party’s final audit.
7.2. No Impact on Future Levies. Nothing in this 2025 ILA shall impact in any way, whatsoever,
any future ballot question seeking to impose, extend, or increase any levy of any surtax, or impact
in any way any distribution from any such new, extended, or increased levy.
7.3. Funding Limited to Transportation Surtax Proceeds. County’s funding obligations under
this 2025 ILA shall be met using only Transportation Surtax Proceeds, and all funding provided by
County shall be consistent with and subject to Applicable Law, including Section 129.01, Florida
Statutes. Should there be a change in Applicable Law that results in the elimination or otherwise
materially modifies the Transportation Surtax (e.g., a requirement that County reduce ad valorem
taxes as a condition of keeping the Transportation Surtax, etc.), County shall have the right, in the
County Commission’s discretion, to terminate this 2025 ILA and any Surtax Funding Agreement
then in effect, with such termination(s) effective as of the change in Applicable Law, and no further
funding obligations pursuant to this 2025 ILA or the applicable Surtax Funding Agreement shall
remain after the effective date of such termination. Notwithstanding the termination right
referenced in the prior sentence, Surtax Funding Agreements that were executed prior to the
effective date of the change in Applicable Law will not be terminated so long as the change in
Applicable Law contains a “grandfathering” provision that permits County to continue funding
such Surtax Funding Agreements with Transportation Surtax Proceeds through the expiration of
such agreements. Any termination by County pursuant to this section shall not constitute a breach
of any obligations to the Municipalities hereunder or under any Surtax Funding Agreement.
2025 Transportation Surtax ILA (3rd Amendment) Page 26 of 36
7.4. Amendment. This 2025 ILA may be amended, and such amendment shall be binding on
all Parties, as follows:
7.4.1. By a written document formally approved by County and by such Municipalities
that both (i) constitute a majority of Municipalities that are a Party to this 2025 ILA, and
(ii) cumulatively represent more than 50% of Broward County’s total population; and
7.4.2. Notwithstanding Section 7.4.1 above, no amendment that directly or indirectly: (i)
creates any additional liability or obligation of any one Party (but not all Parties); (ii)
disproportionately removes a right of only one Party; or (c) has a disproportionate,
material adverse effect on any Party, will be effective unless it is approved by such Party
(or Parties) as evidenced by the adoption of a resolution approving the amendment by
that Party’s (or Parties’) elected body.
7.5. Governing Law, Venue, and Waiver of Jury Trial. This 2025 ILA shall be interpreted and
construed in accordance with, and governed by, the laws of the State of Florida. The Parties agree
that the exclusive venue for any lawsuit arising from, related to, on in connection with this 2025
ILA shall be in the state courts of the Seventeenth Judicial Circuit in and for Broward County,
Florida. BY ENTERING INTO THIS 2025 ILA, EACH PARTY EXPRESSLY WAIVES ANY AND ALL
RIGHTS THAT PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CAUSE OF ACTION OR CLAIM
ARISING FROM, RELATED TO, OR IN CONNECTION WITH THIS 2025 ILA.
7.6. Counterparts. This 2025 ILA may be executed in counterparts, whether signed physically
or electronically, each of which shall be deemed an original, but all of which, taken together, shall
constitute one and the same agreement.
7.7. Further Actions. If an audit conducted in connection herewith or in connection with
Chapter 31½, Broward County Code of Ordinances, documents any misspent funds or other
violation of this 2025 ILA by one or more Municipalities, the Party in violation shall promptly take
all reasonable and required actions to correct the violation. This provision shall survive the
expiration or earlier termination of this 2025 ILA.
7.8. Notices. For a notice to a Party to be effective, notice must be sent via U.S. first-class mail,
hand delivery, or commercial overnight delivery, each with contemporaneous copy via email, to
the addresses listed below and shall be effective upon mailing or hand delivery (provided the
contemporaneous email is also sent). The addresses for notices shall remain as set forth in this
section unless and until changed by providing notice of such change in accordance with the
provisions of this section.
As to County: Broward County Administrator
115 S. Andrews Avenue, Room 409
Fort Lauderdale, FL 33301
Email: mcepero@broward.org
2025 Transportation Surtax ILA (3rd Amendment) Page 27 of 36
With a copy to: Broward County Attorney
115 S. Andrews Avenue, Room 423
Fort Lauderdale, FL 33301
Email: nklitsberg@broward.org
ameyers@broward.org
As to Municipality: Manager/Administrator
Name, address, and current email provided on signature page
With a copy to: Municipal Attorney
Name, address, and current email provided on signature page
As to BCCMA: BCCMA President
Name, address, and current email provided on signature page
With a copy to: BCCMA Counsel
Name, address, and current email provided on signature page
A Party’s notice address may be changed at any time by that Party giving notice of such change
consistent with the requirements of this section.
7.9. Entire Agreement. This 2025 ILA constitutes the final and complete understanding of the
Parties regarding the subject matter of the items addressed herein, and except as expressly
provided for in this 2025 ILA, supersedes the Original ILA, the First Amendment, the Second
Amendment, and all prior and contemporaneous negotiations and discussions regarding that
subject matter. There is no commitment, agreement, or understanding concerning the subject
matter of this 2025 ILA that is not expressly contained herein, except for those contained in Surtax
Funding Agreements relating to specific Eligible Municipal Projects (whether associated with
Community Shuttle, Municipal R&M Project, Municipal Capital Project, or otherwise). To the
extent of any conflict between or among this 2025 ILA, the Original ILA, First Amendment, or
Second Amendment, the provisions of this 2025 ILA shall prevail.
7.10. Headings. The section and subsection headings in this 2025 ILA are inserted for
convenience only and shall not affect in any way the meaning or interpretation of this 2025 ILA.
7.11. Joint Preparation. The preparation of this 2025 ILA has been a joint effort of the Parties
hereto, and the resulting document shall not, solely as a matter of judicial construction, be
construed more severely against any Party.
7.12. Severability. If any portion of this 2025 ILA is found by a court of competent jurisdiction
to be invalid, the remaining provisions shall continue to be effective and the Parties agree to
negotiate in good faith to modify the invalidated portion of this 2025 ILA in a manner designed to
effectuate the intent of the Parties.
2025 Transportation Surtax ILA (3rd Amendment) Page 28 of 36
7.13. Advice of Counsel. Each Party acknowledges and agrees that it has had the opportunity
to consult with and be represented by counsel of its choice in connection with the negotiation and
preparation of this 2025 ILA.
7.14. Individual Liability. Except for the obligations of Municipalities to defend, indemnify,
and/or hold County harmless as provided for in this 2025 ILA or in an individual agreement
associated with an Eligible Municipal Project, each Party agrees and commits to fully comply with
the obligations of this 2025 ILA for that Party, with each Party only being responsible for its own
compliance; a default by any one Party of any obligation under this 2025 ILA shall not constitute
a default by any other Party.
7.15. Waiver and Release. Each Party agrees and stipulates that as of the Effective Date, there
has been no known breach, by any Party, of any right, obligation, term, or other condition of the
Original ILA, the First Amendment, and/or the Second Amendment. To the extent any Party has
actual knowledge of any potential claim for a breach or default under the Original ILA, the First
Amendment, and/or the Second Amendment that accrued prior to the Effective Date, each Party
fully waives and releases such claims against each other Party. Notwithstanding anything in this
section to the contrary, this section shall not in any way impact any claims, defenses, or rights that
a Party may have pursuant to a Surtax Funding Agreement that was executed prior to the Effective
Date and during the effective period of the Original ILA, the First Amendment, or the Second
Amendment.
7.16. Measurement of Time; Time of the Essence. All time periods referenced in this 2025 ILA
shall be measured in calendar days. Time is of the essence for all Municipality obligations under
this 2025 ILA.
[The remainder of this page is intentionally blank]
2025 Transportation Surtax ILA (3rd Amendment) Page 29 of 36
IN WITNESS WHEREOF, the Parties have made and executed this 2025 Amended and
Restated Transportation System Surtax Interlocal Agreement (Third Amendment) on the
respective dates under each signature: BROWARD COUNTY, through its Board of County
Commissioners, signing by and through its Mayor or Vice-Mayor, authorized to execute same by
Board action on the 10th day of June, 2025 (Agenda Item 65); the BCCMA, signing by and through
its authorized officer or official; and each Municipality, signing by and through its authorized
officer or official.
COUNTY
ATTEST: Broward County, by and through
its Board of County Commissioners
By: ____________________________ By: ____________________________
Broward County Administrator, as Mayor
ex officio Clerk of the Broward County
Board of County Commissioners ____ day of ______________, 20__
Approved as to form by Andrew J. Meyers Broward County Attorney 115 South Andrews Avenue, Suite 423 Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 By: ________________________________ Nathaniel A. Klitsberg (Date) Transportation Surtax General Counsel
NAK
Amended and Restated ILA (3rd Amendment) 5-14-25.docx
06/09/2025
#1168734.20
2025 Transportation Surtax ILA (3rd Amendment) Page 30 of 36
2025 AMENDED AND RESTATED
TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT (THIRD AMENDMENT)
CITY/TOWN/VILLAGE OF __________ through its governing body, signing by and through
its _________________, authorized to execute the same by action of its governing body on the
_________________ day of _______________, 2025.
MUNICIPALITY
WITNESS:
_______________________ By: ____________________________
Signature of Witness , Mayor
__________________________ _____ day of ________________, 2024
Print or Type Name of Witness
_____________________ By: ____________________________
Signature of Witness , Municipal Manager
__________________________ _____ day of ________________, 2024
Print or Type Name of Witness
ATTEST: Notices to Municipality: (name/address/email)
______________________________ ______________________________________
Municipal Clerk
______________________________________
Approved as to legal form by:
______________________________________
_______________________________ With a copy to Municipality Counsel:
Municipal Attorney
______________________________________
______________________________________
______________________________________
2025 Transportation Surtax ILA (3rd Amendment) Page 31 of 36
2025 AMENDED AND RESTATED
TRANSPORTATION SYSTEM SURTAX INTERLOCAL AGREEMENT (THIRD AMENDMENT)
The Broward County City Managers Association, Inc., through its governing body, signing
by and through its _______________, authorized to execute the same by BCCMA action on the
_________________ day of _______________, 2025.
BCCMA
WITNESS:
____________________________ By: __________________________________
Signature of Witness Signature
Print or Type Name of Witness: Print Name/Title:
______________________________ ______________________________________
_____ day of ________________, 2024
_______________________________
Signature of Witness
__________________________
Print or Type Name of Witness
Approved as to form by: Notices to BCCMA: (name/address/email)
BCCMA Counsel
______________________________________
_____________________________
Signature ______________________________________
_____________________________ ______________________________________
Print Name
With a copy to BCCMA Counsel:
______________________________________
______________________________________
______________________________________
2025 Transportation Surtax ILA (3rd Amendment) Page 32 of 36
EXHIBIT A
Cycle 1 Municipal Capital Projects (MCP) Not Under a Surtax Funding Agreement
Project ID FY Approved Municipality
COOP-036 2020 Cooper City
DEER-003 2020 Deerfield Beach
LLAK-006 2020 Lauderdale Lakes
MARG-002 2020 Margate
MARG-047 2020 Margate
OAKL-007 2020 Oakland Park
PPIN-039 2020 Pembroke Pines
PPRK-010 2020 Pembroke Park
SUNR-075 2020 Sunrise
TAMA-008 2020 Tamarac
WILT-009 2020 Wilton Manors
WPRK-007 2020 West Park
Cycle 1 Municipal Rehabilitation & Maintenance Projects (R&M)
Not Under a Surtax Funding Agreement
Project ID FY Approved Municipality
DBEACH-FY2020-00001 2020 Dania Beach
FTLAUD-FY2020-00001 2020 Fort Lauderdale
HBEACH-FY2020-00001 2020 Hallandale Beach
LAHILL-FY2020-00001 2020 Lauderhill
LHPOINT-FY2020-00001 2020 Lighthouse Point
LHPOINT-FY2020-00002 2020 Lighthouse Point
LLAKES-FY2020-00001 2020 Lauderdale Lakes
MARG-FY2020-00001 2020 Margate
MARG-FY2020-00002 2020 Margate
MARG-FY2020-00003 2020 Margate
MARG-FY2020-00004 2020 Margate
NRTHLAUD-FY2020-00006 2020 North Lauderdale
NRTHLAUD-FY2020-00008 2020 North Lauderdale
OAKLAND-FY2020-00003 2020 Oakland Park
SUNRISE-FY2020-00003 2020 Sunrise
SUNRISE-FY2020-00006 2020 Sunrise
2025 Transportation Surtax ILA (3rd Amendment) Page 33 of 36
EXHIBIT B
Fiscal Year 2026 Formula-based Funding Amounts
Source: 2023 City County Mileage, FDOT City/County Road Mileage Report, Retrieved from https://ftp.fdot.gov/public/folder/nNfIAvma106mshfAabOmyQ/City_and_County_Roads [BCCMA Surtax
Subcommittee] Notes:
(1) Percentage of Centerline Miles is calculated using the Total of Paved + Unpaved Municipal-owned Roads
(2) Surtax Allocation is obtained by applying the Percentage of Centerline Miles by Municipality to $30,000,000
(3) Hillsboro Beach reports both .5 public miles, and 0; allocation calculated with 0.5 miles
Municipal Centerline Mileage
(Data as of September 30, 2023)
Formula Allocation by Municipality
FY2026
Municipality
Municipal Roads Amount: $30,000,000
Paved Unpaved Total Miles Percentage of
Centerline Miles (1) Surtax Allocation (2)
Coconut Creek 48.000 0.000 48.000 1.14% $343,110
Cooper City 75.040 0.000 75.040 1.79% $536,396
Coral Springs 226.100 0.000 226.100 5.39% $1,616,193
Dania Beach 93.265 0.000 93.265 2.22% $666,671
Davie 310.210 5.500 315.710 7.52% $2,256,738
Deerfield Beach 146.600 0.000 146.600 3.49% $1,047,917
Ft. Lauderdale 509.500 27.900 537.400 12.80% $3,841,408
Hallandale Beach 68.193 0.000 68.193 1.62% $487,453
Hillsboro Beach (3) 0.500 0.000 0.500 0.01% $3,574
Hollywood 365.370 61.100 426.470 10.16% $3,048,465
Lauderdale-By-The-Sea 16.680 0.000 16.680 0.40% $119,231
Lauderdale Lakes 44.000 0.000 44.000 1.05% $314,518
Lauderhill 106.500 0.000 106.500 2.54% $761,276
Lazy Lake Village 2.000 0.000 2.000 0.05% $14,296
Lighthouse Point 45.500 0.000 45.500 1.08% $325,240
Margate 101.090 0.000 101.090 2.41% $722,605
Miramar 166.380 0.000 166.380 3.96% $1,189,307
North Lauderdale 54.000 0.000 54.000 1.29% $385,999
Oakland Park 115.000 0.000 115.000 2.74% $822,036
Parkland 29.200 0.000 29.200 0.70% $208,726
Pembroke Park 9.900 0.000 9.900 0.24% $70,767
Pembroke Pines 469.850 0.000 469.850 11.20% $3,358,551
Plantation 219.800 0.000 219.800 5.24% $1,571,160
Pompano Beach 279.208 0.000 279.208 6.65% $1,995,816
Sea Ranch Lakes 2.040 0.000 2.040 0.05% $14,582
Southwest Ranches 67.600 0.300 67.900 1.62% $485,358
Sunrise 186.020 8.400 194.420 4.63% $1,389,740
Tamarac 136.860 0.000 136.860 3.26% $978,294
West Park 51.550 0.000 51.550 1.23% $368,486
Weston 100.743 0.000 100.743 2.40% $720,125
Wilton Manors 47.000 0.000 47.000 1.12% $335,962
TOTALS 4,093.699 103.200 4,196.899 100% $30,000,000
2025 Transportation Surtax ILA (3rd Amendment) Page 34 of 36
EXHIBIT C
List of Municipal Capital Project Tails
Notes:
(1) Projects #1-5 were recommended by the MPO for construction funding in new fifth year of
Municipal Five-Year Plan (FY2030), totaling $33,266,254.
(2) Estimated cost utilized for unfunded phases is based on the data and report created by the
MPO, titled “Ranking and Recommendations Cycle 6 Results,” submitted to the County on
April 15, 2025.
Surtax Municipal Capital Project Information for Projects with Unfunded Tails(1)
Project Information Project Phase & Future Programming Information Unfunded Phase(s) & Future Funding Information
Municipality Project ID Project Name Funded Phase Fiscal Year Programmed Amount Programmed Unfunded Phase Estimated Cost (2)
1 Wilton Manors WILT-22-001 Five Points Redesign Project
Construction Phase Design 2026 $ 500,000.00 Construction $ 4,725,000
2 Miramar MIRA-017 Bass Creek Road Expansion from SW
148th Avenue to FL Turnpike Design 2027 $ 506,520.00 Construction $ 4,280,128
3 Oakland Park OAKL-22-020 NE 6th Avenue Improvements Planning 2028 $ 552,779.00 Design &
Construction $ 12,823,731
4 Oakland Park OAKL-22-003 NW 39th Street Improvements Planning 2028 $ 235,414.00 Design &
Construction $ 3,554,459
5 Fort Lauderdale FORT-22-001
SW 14 Avenue and Middle Street
capacity increase and added
parking lane
Design 2028 $ 223,320.00 Construction $ 7,882,936
6 West Park WPRK-001
County Line Road from SW 56th
Avenue to South State Road 7
Improvement
Design 2027 $ 115,400.00 Construction $ 1,350,729
7 Weston WEST-312 South Post Road Roadway
Improvements Design 2027 $ 1,181,617.00 Construction $ 10,851,452
8 Miramar MIRA-013
SW 184th Avenue Expansion from
Miramar Parkway to Pembroke
Road
Design 2028 $ 1,527,120.00 Construction $ 25,106,984
2025 Transportation Surtax ILA (3rd Amendment) Page 35 of 36
EXHIBIT D
Municipal Five-Year Plans for Fiscal Years 2020 - 2029
TYPE CYCLE MUNICIPALITY PROJECT ID FY 2020 PH FY 2021 PH FY 2022 PH FY 2023 PH FY 2024 PH FY 2025 PH FY 2026 PH FY 2027 PH FY 2028 PH FY 2029 PH Total
R&M 1 Lauderhill BC-LAHILL-FY2020-00001 $ 15,500 C $ 15,500
R&M 1 Plantation BC-PLANT-FY2020-00002 $ 2,749,823 C $ 2,749,823
R&M 1 Fort Lauderdale BC-FTLAUD-FY2020-00002 $ 2,553,217 C $ 2,553,217
R&M 1 Hollywood BC-HLYWD-FY2020-00002 $ 1,666,863 C $ 1,666,863
R&M 1 Fort Lauderdale BC-FTLAUD-FY2020-00004 $ 1,617,300 C $ 1,617,300
R&M 1 Hollywood BC-HLYWD-FY2020-00001 $ 2,967,457 C $ 2,967,457
R&M 1 Tamarac BC-TAM-FY2020-00001 $ 2,817,339 C $ 2,817,339
R&M 1 Coconut Creek BC-CCREEK-FY2020-00001 $ 3,000,000 C $ 3,000,000
R&M 1 Deerfield Beach BC-DFBEACH-FY2020-00001 $ 791,219 C $ 791,219
R&M 1 Southwest Ranches BC-SWRANCHES-FY2020-0000 $ 1,223,165 C $ 1,223,165
R&M 1 Lighthouse Point BC-LHPOINT-FY2020-00001 $ 913,588 C $ 913,588
R&M 1 Oakland Park BC-OAKLAND-FY2020-00001 $ 2,981,440 C $ 2,981,440
R&M 1 Miramar BC-MIRAM-FY2020-00003 $ 2,234,426 C $ 2,234,426
R&M 1 Southwest Ranches BC-SWRANCHES-FY2020-0000 $ 737,005 C $ 737,005
R&M 1 Hollywood BC-HLYWD-FY2020-00003 $ 1,038,006 C $ 1,038,006
R&M 1 Hallandale Beach BC-HBEACH-FY2020-00001 $ 2,971,710 C $ 2,971,710
R&M 1 Oakland Park BC-OAKLAND-FY2020-00002 $ 2,072,800 C $ 2,072,800
R&M 1 Miramar BC-MIRAM-FY2020-00002 $ 1,854,177 C $ 1,854,177
R&M 1 Weston BC-WESTON-FY2020-00004 $ 72,765 C $ 72,765
R&M 1 Cooper City BC-COOPERC-FY2020-00001 $ 1,036,960 C $ 1,036,960
R&M 1 Dania Beach BC-DBEACH-FY2020-00001 $ 297,905 C $ 297,905
R&M 1 Miramar BC-MIRAM-FY2020-00001 $ 1,995,001 C $ 1,995,001
R&M 1 Coral Springs BC-CSPRINGS-FY2020-00001 $ 399,406 C $ 399,406
R&M 1 North Lauderdale BC-NRTHLAUD-FY2020-00008 $ 1,440,093 C $ 1,440,093
R&M 1 Margate BC-MARG-FY2020-00002 $ 293,350 C $ 293,350
R&M 1 Weston BC-WESTON-FY2020-00001 $ 596,268 C $ 596,268
R&M 1 Fort Lauderdale BC-FTLAUD-FY2020-00001 $ 1,252,300 C $ 1,252,300
R&M 1 Margate BC-MARG-FY2020-00001 $ 176,064 C $ 176,064
R&M 1 Lighthouse Point BC-LHPOINT-FY2020-00002 $ 1,051,247 C $ 1,051,247
R&M 1 North Lauderdale BC-NRTHLAUD-FY2020-00006 $ 2,914,575 C $ 2,914,575
R&M 1 Sunrise BC-SUNRISE-FY2020-00003 $ 852,796 C $ 852,796
R&M 1 Pembroke Pines BC-PBRKPINES-FY2020-00001 $ 483,380 C $ 483,380
R&M 1 Weston BC-WESTON-FY2020-00002 $ 191,834 C $ 191,834
R&M 1 Fort Lauderdale BC-FTLAUD-FY2020-00003 $ 522,757 C $ 522,757
R&M 1 Margate BC-MARG-FY2020-00003 $ 1,053,184 C $ 1,053,184
R&M 1 Wilton Manors BC-WMANORS-FY2020-00001 $ 1,334,667 C $ 1,334,667
R&M 1 Wilton Manors BC-WMANORS-FY2020-00003 $ 1,425,600 C $ 1,425,600
R&M 1 Wilton Manors BC-WMANORS-FY2020-00002 $ 1,651,467 C $ 1,651,467
R&M 1 Sunrise BC-SUNRISE-FY2020-00006 $ 1,853,260 C $ 1,853,260
R&M 1 Lauderdale Lakes BC-LLAKES-FY2020-00001 $ 400,000 C $ 400,000
MCP 1 Wilton Manors WILT-006 $ 247,711 C $ 247,711
MCP 1 Sunrise SUNR-025.1 $ 5,180,000 C $ 5,180,000
MCP 1 Pompano Beach POMP-004 $ 1,174,741 C $ 1,174,741
MCP 1 North Lauderdale NLAU-007.1 $ 1,998,187 C $ 1,998,187
MCP 1 Weston WEST-224 $ 1,612,082 C $ 1,612,082
MCP 1 West Park WPRK-004 $ 1,638,987 C $ 1,638,987
MCP 1 Coral Springs CORA-115.1 $ 496,917 C $ 496,917
MCP 1 Dania Beach DANI-019 $ 2,191,740 C $ 2,191,740
MCP 1 Davie DAVI-003 $ 4,859,167 C $ 4,859,167
MCP 1 Cooper City COOP-036 $ 30,000 C $ 30,000
MCP 1 Hallandale Beach HALL-026 $ 513,600 C $ 513,600
MCP 1 Deerfield Beach DEER-003 $ 800,000 C $ 800,000
MCP 1 Southwest Ranches SWRA-032 $ 124,000 C $ 124,000
MCP 1 Oakland Park OAKL-099 $ 330,000 C $ 330,000
MCP 1 Hollywood HOLL-064 $ 5,000,000 C $ 5,000,000
MCP 1 Pembroke Park PPRK-002 $ 1,272,115 C $ 1,272,115
MCP 1 Fort Lauderdale FORT-122 $ 2,996,668 C $ 2,996,668
MCP 1 Tamarac TAMA-003.1 $ 528,902 C $ 528,902
MCP 1 Wilton Manors WILT-012 $ 629,804 C $ 629,804
MCP 1 Pompano Beach POMP-006 $ 3,741,868 C $ 3,741,868
MCP 1 Hallandale Beach HALL-005 $ 2,977,563 C $ 2,977,563
MCP 1 Davie DAVI-001 $ 1,000,000 C $ 1,000,000
MCP 1 Hollywood HOLL-035 $ 700,000 C $ 700,000
MCP 1 Lauderdale Lakes LLAK-015 $ 863,663 C $ 863,663
MCP 1 Weston WEST-308 $ 319,086 C $ 319,086
MCP 1 Weston WEST-307.1 $ 232,739 C $ 232,739
MCP 1 Tamarac TAMA-014 $ 445,817 C $ 445,817
MCP 1 Wilton Manors WILT-013 $ 639,650 C $ 639,650
MCP 1 Miramar/Pembroke Pines MIRA-001 $ 5,930,000 D $ 3,500,000 R $ 10,000,000 C $ 10,000,000 C $ 11,000,000 C $ 10,000,000 C $ 10,000,000 C $ 60,430,000
MCP 1 Fort Lauderdale FORT-108 $ 195,000 P . $ 780,000 D $ 2,762,500 C $ 2,762,500 C $ 6,500,000
MCP 1 Oakland Park OAKL-023 $ 945,000 D $ 6,930,000 C $ 7,875,000
MCP 1 Coral Springs CORA-097 $ 600,000 P $ 250,000 D $ 9,450,000 C $ 250,000 D $ 9,450,000 C $ 20,000,000
MCP 1 Pompano Beach POMP-002 $ 2,983,200 D $ 10,938,400 C $ 10,938,400 C $ 24,860,000
MCP 1 Hollywood HOLL-036 $ 120,000 D $ 880,000 C $ 1,000,000
MCP 1 Davie DAVI-016 $ 360,000 D $ 2,640,000 C $ 3,000,000
MCP 1 Pembroke Pines PPIN-039 $ 132,938 P $ 531,750 D $ 3,766,562 C $ 4,431,250
MCP 1 West Park WPRK-002 $ 90,000 D $ 660,000 C $ 750,000
MCP 1 Lauderdale Lakes LLAK-006 $ 25,500 P $ 102,000 D $ 722,500 C $ 850,000
MCP 1 Pembroke Park PPRK-010 $ 264,000 D $ 220,000 C $ 1,909,497 C $ 2,393,497
MCP 1 Weston WEST-303 $ 588,000 D $ 4,312,000 C $ 4,900,000
MCP 1 Deerfield Beach DEER-007 $ 480,000 D $ 3,520,000 C $ 4,000,000
MCP 1 Tamarac TAMA-008 $ 135,000 P $ 540,000 D $ 3,825,000 C $ 4,500,000
2025 Transportation Surtax ILA (3rd Amendment) Page 36 of 36
Page 2 of 2
TYPE CYCLE MUNICIPALITY PROJECT ID FY 2020 PH FY 2021 PH FY 2022 PH FY 2023 PH FY 2024 PH FY 2025 PH FY 2026 PH FY 2027 PH FY 2028 PH FY 2029 PH Total
MCP 1 Lighthouse Point LHP-010 $ 67,500 P $ 270,000 D $ 1,912,500 C $ 2,250,000
MCP 1 North Lauderdale NLAU-007.2 $ 360,218 D $ 4,639,782 C $ 5,000,000
MCP 1 Margate MARG-002 $ 20,880 D $ 153,120 C $ 174,000
MCP 1 Fort Lauderdale FORT-104 $ 360,000 D $ 2,640,000 C $ 3,000,000
MCP 1 Oakland Park OAKL-007 $ 150,000 P $ 150,000
MCP 1 Coral Springs CORA-098 $ 600,000 P $ 250,000 D $ 9,450,000 C $ 9,700,000 C $ 20,000,000
MCP 1 Hollywood HOLL-038 $ 150,000 P $ 600,000 D $ 4,250,000 C $ 5,000,000
MCP 1 Miramar MIRA-020 $ 144,000 D $ 1,056,000 C $ 1,200,000
MCP 1 Lauderdale Lakes LLAK-016 $ 15,000 P $ 60,000 D $ 425,000 C $ 500,000
MCP 1 Sunrise SUNR-075 $ 1,110,000 D $ 2,860,000 C $ 5,280,000 C $ 9,250,000
MCP 1 Davie DAVI-012 $ 240,000 D $ 1,760,000 C $ 2,000,000
MCP 1 Wilton Manors WILT-003 $ 240,000 D $ 1,760,000 C $ 2,000,000
MCP 1 West Park WPRK-003 $ 420,000 D $ 3,080,000 C $ 3,500,000
MCP 1 Weston WEST-192 $ 369,600 D $ 3,091,549 C $ 3,461,149
MCP 1 Deerfield Beach DEER-005 $ 300,000 D $2,200,000 C $ 2,500,000
MCP 1 North Lauderdale NLAU-008 $ 360,000 D $2,640,000 C $ 3,000,000
MCP 1 Cooper City COOP-024 $ 480,000 D $ 2,112,000 C $ 1,408,000 C $ 4,000,000
MCP 1 Parkland PARK-002 $ 312,000 D $2,288,000 C $ 2,600,000
MCP 1 Margate MARG-047 $ 120,000 D $ 880,000 C $ 1,000,000
MCP 1 Southwest Ranches SWRA-022 $ 5,160 D $37,840 C $ 43,000
MCP 1 Tamarac TAMA-001 $ 120,000 P $ 120,000
MCP 1 Dania Beach DANI-017 $ 865,440 D $ 6,346,560 C $ 7,212,000
MCP 1 Coral Springs CORA-102 $ 45,000 D $ 330,000 C $ 375,000
MCP 1 Miramar/Pembroke Pines MIRA-025 $ 252,000 D $ 1,848,000 C $ 2,100,000
MCP 1 Lauderdale Lakes LLAK-018 $ 120,000 D $ 880,000 C
$ 1,000,000
MCP 1 Hallandale Beach HALL-019 $ 180,000 D $ 1,320,000 C $ 1,500,000
MCP 1 Davie DAVI-014 $ 336,000 D $ 2,464,000 C $ 2,800,000
MCP 1 Coconut Creek COCO-016 $ 330,600 D $ 2,424,400 C $ 2,755,000
MCP 1 West Park WPRK-008 $ 240,000 D $ 1,760,000 C $ 2,000,000
MCP 1 Pompano Beach POMP-013 $ 711,452 D $ 5,217,316 C $ 5,928,768
MCP 1 Parkland PARK-007 $ 72,000 D $ 528,000 C $ 600,000
MCP 1 Margate MARG-033 $ 24,000 D $ 176,000 C $ 200,000
MCP 1 Hollywood HOLL-056 $ 100,000 D $ 733,333 C $ 833,333
MCP 3 Miramar MIRA-017 $ 506,520 D $ 506,520
MCP 3 West Park WPRK-001 $ 115,400 D $ 115,400
MCP 3,4 Davie DAVI-019 $ 370,416 D $ 5,871,572 C $ 6,241,988
MCP 3 Weston WEST-312 $ 1,181,617 D $ 1,181,617
MCP 3,4 Davie DAVI-002 $ 367,726 D $ 5,619,520 C $ 5,987,246
MCP 3 Oakland Park OAKL-22-004 $ 471,137 C $ 471,137
MCP 3,4 Davie DAVI-011 $ 331,979 D $ 5,796,163 C $ 6,128,142
MCP 3 Lauderhill LHIL-518 $ 511,563 D $ 10,363,448 C $ 10,875,011
R&M 1 Oakland Park OAKL-2020-003 $ 510,510 C $ 510,510
R&M 1 Coral Springs CORA-2020-002 $ 1,712,582 C $ 1,712,582
R&M 1 Hallandale Beach HALL-2020-002 $ 162,979 C $ 162,979
R&M 1 North Lauderdale NLAU-2020-002 $ 1,646,365 C $ 1,646,365
R&M 1 Lauderdale Lakes LLAK-2020-002 $ 2,000,000 C $ 2,000,000
R&M 1 Margate MARG-2020-004 $ 123,599 C $ 123,599
MCP 4,5 Coconut Creek COCO-23-007 $ 1,623,055 D $ 14,745,559 C $ 16,368,614
MCP 4,5 Fort Lauderdale FORT-23-001 $ 500,000 D $ 9,677,609 C $ 10,177,609
MCP 4 Coconut Creek COCO-23-001 $ 6,371,882 C $ 6,371,882
MCP 4 Oakland Park OAKL-22-020 $ 552,779 P $ 552,779
MCP 4 Wilton Manors WILT-22-001 $ 500,000 D $ 500,000
MCP 4 Oakland Park OAKL-22-003 $ 235,414 P $ 235,414
MCP 4 Fort Lauderdale FORT-22-001 $ 223,320 D $ 223,320
MCP 4 Miramar MIRA-013 $ 1,527,120 D $ 1,527,120
MCP = Municipal Capital Project; R&M = Rehabilitation & Maintenance Project PH = Phases: P - Planning, D - Design, R - Right of Way, C - Construction NOTE: MCPs or R&Ms that have been combined with other awarded municipal projects are referred to as "bundles"; only one Project ID associated with a bundle is shown. MCPs or R&Ms that have been withdrawn or removed from the municipal surtax program are not shown.
City of Dania Beach
Community Development Memorandum
DATE: 6/24/2025
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager
Eleanor Norena, CFM, Director
Corinne Lajoie, AICP, Deputy Director
SUBJECT: To adjust the Traffic Impact Fee established for the Regional Activity Center
(RAC).
Request:
To adjust the Traffic Impact fee established for the Regional Activity Center (RAC).
Background:
The City of Dania Beach partnered with the Corradino Group, the Community Development
Department’s planning consultant, to evaluate and update the existing transportation impact fee
established for the City’s Regional Activity Center (RAC) to ensure compliance with state-
mandated processes.
The Florida Impact Fee Act (F.S. 163.31801) requires that all communities charging impact fees
ensure that the calculation of the impact fee is based on a study using the most recent and
localized data available within four (4) years of the current impact fee update. The new study
must be adopted by the local government within twelve (12) months of the initiation of the new
impact fee study if the local government increases the impact fee. Through this study, the City of
Dania Beach seeks to evaluate and update the existing transportation impact fee established for
the City’s RAC to ensure compliance with state-mandated processes, having last updated its
impact fee more than four (4) years ago. This fee update was also necessary in order to account
for changes in evaluation standards for trip generation, as well as changes in the land use for the
RAC, which altered the number of trips.
In 2009, the City of Dania Beach adopted a resolution to establish the City’s first RAC. In 2010,
the City passed Resolution 2010-114 to increase the RAC’s land area to include an additional
thirty (30) acres of land for commercial use and twenty (20) acres for employment centers. Due
to the increase in land area, it was also determined that a mitigation impact fee (impact fee)
would need to be collected for maintenance of the transportation network within the RAC.
Resolution 2010-114 committed to the collection of $1.8 million dollars in impact fees for an
anticipated 84,649 peak hour trips, which provides approximately $21.26 (rounded to $22.00)/
evening peak hour trip.
The data analysis portion of this study was completed in three phases: Existing Fee Analysis,
Land Use/Zoning Analysis, and Trip Scenario Analysis. The planning consultant first reviewed
the existing fees collected per ledger provided by the City of Dania Beach. As of April 2024, the
remaining balance of fees to be collected is $1,754,720. This analysis assumes that only what is
fully paid is vested from a fee calculation standpoint. To determine how the remaining fee would
be collected, the number of available units for residential trips, and square footage for all other
land uses per the different land use typologies within the RAC, were categorized and matched
with existing land uses in the ITE Trip Generation Manual, 11th Edition.
Results from the scenario analysis indicated that an estimated 61,999 evening peak hour trips
could be added to the RAC based on remaining development capacity. This difference in the
number of trips generated between current and future scenarios is partially the result of the need
to account for height limitations resulting from the elimination of incentives in the Form-Base
districts and new trip generation methodology. To accommodate the necessary capital
improvements created by these trips, a revised fee of $28.30 (rounded to $29.00) per evening
peak hour trip would be needed. The project team recommends the City also provide for a 5%
administrative fee, should the state statutes provide for limitations in the future, to help offset the
need for future fee reviews every four (4) years as required under F.S. 163.31801.
If the City wishes to increase its fee based on this study, it must provide notice at least ninety
(90) days before the effective date of a resolution imposing a new or increased impact fee. A fee
increase to $29.00 represents a 31.82% increase from the current fee. Therefore, the overall
increase must be implemented in four equal installments beginning with the date the increased
fee is adopted per F.S. 163.31801. An impact fee may not be increased more than once every
four (4) years.
Table 1 outlines the recommended impact fee update. Table 2 summarizes the fee schedule to
adopt the increase over four years. Backup materials used to create the recommended impact fee
are attached to this summary report.
Table 1: Recommended Trip Scenario
Land Use Final
Recommendation
Residential 4,082
Commercial 56,551
Industrial 1,366
Total PM Peak Hour Trips 61,999
Estimated Fee/Peak Hour
Trip
$28.30 (say $29.00)
Table 2: Impact Fee Adoption Timeline
Year Fee (per trip) 5% Administrative Fee (per trip)
0 $22 $0
1 $23.75 $1.19
2 $25.50 $1.28
3 $27.25 $1.36
4 $29.00 $1.45
Budgetary Impact
The funds raised through the Traffic Impact Fee is provided to Broward County to fund
improvements within the RAC.
Recommendation
The Department is recommending the City Commission approve the revised Traffic Impact Fee
for the RAC as proposed.
RESOLUTION NO. 2025-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, UPDATING AND AMENDING THE FEE SCHEDULE
UNDER THE MITIGATION FEE PROGRAM ASSOCIATED WITH THE
MITIGATION OF TRAFFIC IMPACTS FOR THE AREA WITHIN THE
DANIA BEACH REGIONAL ACTIVITY CENTER (“RAC”), DESIGNATED
ON THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE
PLAN, AS OUTLINED IN THE BROWARD COUNTY LONG RANGE
TRANSPORTATION PLAN (“LRTP”); PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on December 8, 2009, the City Commission of the City of Dania Beach
amended its Comprehensive Plan to adopt a Regional Activity Center (“RAC”) for the area that
is designated as the City’s Community Redevelopment Agency redevelopment area; and
WHEREAS, on September 28, 2010, the City amended the RAC Plan to include the
addition of thirty (30) acres of Commercial Land Use, and twenty (20) acres of Employment
Center Land Use via Ordinance No. 2010-007; and
WHEREAS, as part of the Broward County Planning Council staff review of the
amendment, adverse traffic impacts were identified on the Regional Transportation System that
are estimated to increase the number of P.M. Peak Hour Vehicle Trips at the long term planning
horizon (2020); and
WHEREAS, as a condition of the approval of the amendment, the Broward County
Planning Council required the City to develop a traffic mitigation system for development within
the RAC area; and
WHEREAS, in satisfaction of this traffic mitigation condition, the City Commission
adopted Resolution No. 2010-114, which committed to the development of a transportation
mitigation impact fee of up to $1.8 Million Dollars for future development within the RAC area;
and
WHEREAS, Ordinance No. 2014-005 amended Article 810 “Impact Fees” of the Land
Development Code of the City’s Code of Ordinances, to establish the fair share contribution
payment schedule, which will be implemented for new development within the RAC area, after
the effective date of this Resolution; and
RESOLUTION #2025-____2
WHEREAS, pursuant to Ordinance No. 2014-005, the payment schedule that has been
developed for the procedure provides for a fee of $21.26 per P.M. peak hour trip, as the fair share
contribution payment for traffic mitigation for projects within the RAC area; and
WHEREAS, the City hired the Corradino Group to do an analysis and update the RAC
Transportation Mitigation Impact Fee Schedule due to the additional 4,000 RAC units approved
by Broward County on October 8, 2024, and the additional construction in the area which has
increased traffic in the City; and
WHEREAS, pursuant to the Corradino analysis, the RAC Transportation Mitigation Impact Fee
should be increased to $28.30 (rounded to $29.00), per evening peak hour trip; and
WHEREAS, funds collected for purposes of traffic mitigation will be deposited into the
RAC Transportation Special Revenue Fund No. 113, which fund was created upon the City
Commission’s approval of the above-referenced Ordinance; and
WHEREAS, a public hearing was held before the City Commission in accordance with
Section 163.31801, Florida Statutes; and
WHEREAS, the City Commission finds that adoption of this Resolution through its
police powers will protect the public health, safety, and welfare of the City’s residents, and will
further the purpose, goals, objectives, and policies of the City’s Comprehensive Plan;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1.That the recitals contained in the preamble to this Resolution are made a
part of and incorporated into this Resolution by this reference.
Section 2.That the City Commission establishes the following Regional Activity
Center (“RAC”) Transportation Mitigation Impact Fee Schedule, which shall be implemented in
accordance with Section 810-70 of the City’s Land Development Code:
RAC Transportation Mitigation Impact Fee schedule
$21.26 per P.M. peak hour trip
$28.30 (rounded to $29.00) per evening peak hour trip
Section 3.That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
RESOLUTION #2025-____3
Section 4.That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED on __________________, 2025.
Motion by __________________________, second by ___________________________.
FINAL VOTE ON ADOPTION: Unanimous ____
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
CITY OF DANIA BEACH
REGIONAL ACTIVITY CENTER
Impact Fee Update
Report Prepared for: City of Dania Beach
City of Dania Beach RAC Impact Fee Update
i | Page
Table of Contents
Executive Summary ................................................................................................................... 1
1. Introduction ........................................................................................................................ 3
2. Study Area.......................................................................................................................... 3
3. Existing Conditions ............................................................................................................. 4
4. Data Analysis ..................................................................................................................... 4
4.1 Existing Fee Analysis ........................................................................................................ 4
4.2 Land Use & Zoning Analysis ............................................................................................. 5
4.3 Trip Generation - Scenario Analysis .................................................................................. 7
5. Scenario Results ...............................................................................................................12
6. Final Recommendations ....................................................................................................13
7. Implementation of Fee Increases ......................................................................................13
8. Conclusion ........................................................................................................................14
List of Tables
Table 1: Permitted Land Uses within the RAC and their Remaining Available Units ................... 5
Table 2: Summary of Zoning and Available Square Footage within the RAC .............................. 6
Table 3: Residential - Scenario 1 Results ................................................................................... 8
Table 4: Residential - Scenario 2 Results ................................................................................... 9
Table 5: Residential - Scenario 3 Results ..................................................................................10
Table 6: ITE Codes per Commercial Land Uses ........................................................................10
Table 7: Weighted Values Applied to Types of Restaurants ....................................................... 11
Table 8: Commercial - Scenario 1 Results ................................................................................. 11
Table 9: Commercial - Scenario 2 Results ................................................................................. 11
Table 10: Commercial - Scenario 3 Results ...............................................................................12
Table 11: ITE Codes per Industrial Land Uses ...........................................................................12
Table 12: Industrial Trip Scenario ..............................................................................................12
Table 13: Summary of Trip Scenarios ........................................................................................13
Table 14: Recommended Trip Scenario ....................................................................................13
Table 15: Impact Fee Adoption Timeline ....................................................................................14
City of Dania Beach RAC Impact Fee Update
ii | Page
Attachments
Attachment A: Study Maps
Attachment B: Fee Analysis
Attachment C: Zoning Analysis
Attachment D: ITE Trip Generator Results
Attachment E: Supplemental Research
City of Dania Beach RAC Impact Fee Update
1 | Page
Executive Summary
The Florida Impact Fee Act (F.S. 163.31801) requires that all communities charging impact fees
ensure that the calculation of the impact fee is based on a study using the most recent and
localized data available within 4 years of the current impact fee update. The new study must be
adopted by the local government within 12 months of the initiation of the new impact fee study if
the local government increases the impact fee. Through this study, the City of Dania Beach seeks
to evaluate and update the existing transportation impact fee established for the City’s Regional
Activity Center (RAC) to ensure compliance with state mandated processes, having last updated
its impact fee more than 4 years ago. This fee update was also necessary in order to account for
changes in evaluation standards for trip generation, as well as changes in the land use for the
RAC, which altered the number of trips. An impact fee aligned with the potential development
within the RAC will meet the needs of the community by providing necessary funding for
maintenance of roadways pursuant to an agreement between the City and Broward County.
In 2009, the City of Dania Beach adopted a resolution to establish the city’s first RAC. In 2010,
the City passed resolution 2010-114 to increase the RAC’s land area to include an additional 30
acres of land for commercial use and 20 acres for employment centers. Due to the increase in
land area, it was also determined that a mitigation impact fee (impact fee) would need to be
collected for maintenance of the transportation network within the RAC. Resolution 2010-114
committed to the collection of $1.8 million dollars in impact fees for an anticipated 84,649 peak
hour trips, which provides ~$21.26 (rounded to $22)/evening peak hour trip.
The data analysis portion of this study was completed in three phases: Existing Fee Analysis,
Land Use/Zoning Analysis, and Trip Scenario Analysis. The project team first reviewed the
existing fees collected per ledger provided by the City of Dania Beach. As of April, 2024, the
remaining balance of fees to be collected is $1,754,720. This analysis assumes that only what is
fully paid is vested from a fee calculation standpoint. To determine how the remaining fee would
be collected, the number of available units for residential trips, and square footage for all other
land uses per the different land use typologies within the RAC, was categorized and matched with
existing land uses in the ITE Trip Generation Manual, 11th Edition.
GIS data for Dania Beach’s RAC zoning was utilized to identify the total amount of land available
per zoning type. This analysis isolated the various Residential, Commercial, and Industrial
categories for further evaluation. Distinct land use typologies for each category (i.e., commercial
land uses broken down into restaurant, retail, and office space) were identified. Three different
scenarios were created to evaluate potential differences in trip generation based on land use. The
Institute of Transportation Engineering (ITE) trip generating codes were then assigned to land use
typologies to calculate the estimated evening peak hour trips to create a comparable analysis
relative to the existing fee. Results for the residential, commercial, and industrial scenarios were
aggregated to calculate a range for the updated impact fee.
The scenario analysis indicates that an estimated 61,999 evening peak hour trips could be added
to the RAC based on remaining development capacity. This difference in the number of trips
generated between current and future scenarios is partially the result of the need to account for
height limitations for residential development and new trip generation methodology. To
accommodate the necessary capital improvements created by these trips, a revised fee of $28.30
(rounded to $29.00) per evening peak hour trip would be needed. We recommend that the City
City of Dania Beach RAC Impact Fee Update
2 | Page
provide for a 5% administrative fee, or the maximum allowed under state statutes should the
statutes provide for limitations in the future, to help offset the need for future fee reviews every 4
years as required under F.S. 163.31801.
Should the City wish to increase its fee based on this study, it must provide notice at least 90 days
before the effective date of an ordinance or resolution imposing a new or increased impact fee.
Unless the result is to reduce the total mitigation costs or impact fees imposed on an applicant,
new or increased impact fees may not apply to current or pending permit applications submitted
before the effective date of a new or increased impact fee.
A fee increase to $29.00 represents a 31.82% increase from the current fee. Therefore, the overall
increase must be implemented in four equal installments beginning with the date the increased
fee is adopted per F.S. 163.31801. An impact fee may not be increased more than once every 4
years.
Recommendations were presented to the City in Spring of 2025.
City of Dania Beach RAC Impact Fee Update
3 | Page
1. Introduction
The Corradino Group, Inc. (project team) contracted with the City of Dania Beach to evaluate the
existing traffic impact fee established for the City’s Regional Activity Center (RAC). The purpose
of this project was to ensure that the existing transportation impact fee established for the City’s
Regional Activity Center (RAC) is in compliance with state mandated processes. The Florida
Impact Fee Act (F.S. 163.31801) requires that all communities charging impact fees ensure that
the calculation of the impact fee is based on a study using the most recent and localized data
available within 4 years of the current impact fee update. The new study must be adopted by the
local government within 12 months of the initiation of the new impact fee study if the local
government increases the impact fee. The City of Dania Beach last updated its impact fee more
than 4 years ago. This fee update was also necessary in order to account for changes in
evaluation standards for trip generation, as well as changes in the land use for the RAC, which
altered the number of trips. An impact fee aligned with the potential development within the RAC
will meet the needs of the community by providing necessary funding for maintenance of
roadways pursuant to an agreement between the City and Broward County.
2. Study Area
The RAC encompasses approximately 1,353 acres of land with the boundaries being I-95 and N
22nd Ave to the west, SE 2nd Ave and the nature preserve around West Lake to the east, E
Sheridan St to the south, and NE 10th St and the canal to the north. US 1 runs through the center
of the RAC acting as the primary N/S corridor. A1A/Dania Beach Blvd and SR 848 are the two
main E/W corridors within the RAC. Figure 1 is a map illustrating the boundary for Dania Beach’s
RAC.
Figure 1: Study Area
City of Dania Beach RAC Impact Fee Update
4 | Page
3. Existing Conditions
In 2009, the City of Dania Beach adopted a resolution to establish the city’s first RAC In 2010,
The City passed resolution 2010-114 to increase the RAC’s land area to include an additional 30
acres of land for commercial use and 20 acres for employment centers. Due to the increase in
land area, it was also determined that an impact fee would need to be collected for mitigation of
future development impacts to the transportation network within the RAC. Dania Beach does not
currently collect transportation impact fees on the basis of its own capital improvement projects
in the RAC. The fee basis is limited to the City’s obligation to collect the fee to satisfy the
infrastructure improvement payment required per the interlocal agreement between the City and
Broward County to account for future transportation infrastructure improvements resulting from
local growth. Resolution 2010-114 committed to the collection of $1.8 million dollars in impact fees
for an anticipated 84,649 peak hour trips, which provides ~$21.26 (rounded to $22)/evening peak
hour trip.
At the time of adoption of the original fee, properties seeking to provide new development within
the RAC could request a variance to increase the maximum building height from seven stories to
14 stories. However, the City no longer accepts these requests and will not allow new
developments to exceed seven stories. Local airport restrictions also limit the building heights for
certain buildings to below 10 stories. Therefore, this will have a downward effect on the number
of trips generated. Collecting the fee at a lower rate will therefore cause the City to potentially
under collect vis a vis its obligations to Broward County per its Interlocal Agreement.
Dania Beach staff provided the project team with a ledger accounting for impact fees collected
between 2010-2024. According to the ledger $107,549 in impact fees were collected, which
accounts for 4,889 peak hour trips being added from new development within the RAC. In 2024,
the City additionally passed a resolution to allow for an additional 317 single-family housing units
and 3,683 muti-family housing units within the RAC.
4. Data Analysis
The data analysis portion of this study was completed in three phases: Existing Fee Analysis,
Land Use/Zoning Analysis, and Trip Scenario Analysis.
4.1 Existing Fee Analysis
The project team reviewed the existing fees collected per the ledger provided by the City of Dania
Beach. As of 2024, the remaining balance of fees to be collected is $1,754,720. To determine how
the remaining fee would be collected, the number of available units per the different land use
typologies within the RAC. Table 1 shows the breakdown of the permitted land uses and their
remaining units available within the RAC. It is important to note remaining units were determined
by subtracting units built from the 2024 updated list of approved units. For the purposes of this
analysis, only trips where fees were collected were deemed fully vested.
City of Dania Beach RAC Impact Fee Update
5 | Page
Table 1: Permitted Land Uses within the RAC and their Remaining Available Units
Land Use Remaining Units (2024) Unit Type
Commercial 6,000,648 SqFt
Industrial 2,382,732 SqFt
Hotel Rooms 398 Rooms
Single Family Home 1,493 DU
Duplexes 286 DU
Townhomes 1,139 DU
Garden Apartments (<4 stories) 808 DU
High-Rise (< 4 stories) 885 DU
Multi-family 3,683 DU
Conservation - SqFt
Parks & Rec - SqFt
Utilities* 108,900 SqFt
Transportation* 169,884 SqFt
*Note: Land allocated for Utilities and Transportation uses were noted but not used for
updating the traffic impact fee.
4.2 Land Use & Zoning Analysis
The City of Dania Beach provided the project team ArcGIS shapefiles illustrating the City’s current
and future land use as well as the current zoning boundaries. These zoning boundaries were then
compared to the city’s land development regulations to determine density and intensity for
permitted uses.
The project team used ArcGIS pro and MS Excel to complete the zoning analysis, which included:
• Overlaying the RAC boundary onto the Dania Beach zoning layer.
• Utilizing the “Clip” Tool to extract the zoning areas located within the RAC boundary.
o Exported results output into Excel.
• Summarizing exported data by aggregating the total amount of square footage by zoning
category
• Applying the maximum number of floors and permitted open space for each zoning code
• Calculating the maximum building square footage for each zoning code.
o Note: The project team noted that need for public space and building limitations to
meet other code of ordinance and building code criteria, and reduced the maximum
building square footage for commercial, industrial, and mixed-use zoning areas by
10% to account for these differences so as to not overestimate the buildable
square footage.
o Note: For mixed-use residential units, the number of dwelling units was calculated
by taking the building square footage dedicated to residential use and divided it by
1200 square feet to normalize the number of potential dwelling units.
City of Dania Beach RAC Impact Fee Update
6 | Page
Table 2: Summary of Zoning and Available Square Footage within the RAC
Code Description SqFt #
Stories
Coverage
(%)
SqFt Coverage Max Build SqFt Average # of Units 10% Open Space
Reduction
CC City Center 5,576,102.05 7 0.9 5,018,491.85 19,572,118.21 16,310.10 14,679.09
EDBB-MU East Danai Beach Blvd
Mixed Use
3,063,657.30 7 0.85 2,604,108.71 12,499,721.79 10,416.43 9,374.79
GTWY-
MU
Gateway Mixed Use 2,422,643.07 7 0.75 1,816,982.30 8,721,515.04 7,267.93 6,541.14
NBHD-
MU
Neighborhood Mixed Use 1,547,194.88 3 0.85 1,315,115.65 2,104,185.03 1,753.49 1,578.14
SFED-MU South Federal Mixed Use 3,363,895.39 4 0.85 2,859,311.08 5,575,656.60 4,646.38 4,181.74
PMUD Planned MU Development 351,854.42 7 0.85 299,076.26 1,435,566.03 1,196.31 1,076.67
PMUD-SL Planned MU Development-
Small
351,854.42 7 0.85 299,076.26 1,435,566.03 1,196.31 1,076.67
RM-2 Multifamily 25 DU/Acre 189,047.70 5 0.35 66,166.69 264,666.78 220.56 220.56
NBHD-
Res
Neighborhood Residential 15,947,319.14 2 0.63 10,046,811.06 10,046,811.06 8,372.34 8,372.34
NBHD-
Res*
Neighborhood Residential* 17,143,306.20 2 0.63 10,800,282.91 10,800,282.91 9,000.24 9,000.24
RO Residential Office 259,790.23 2 0.7 181,853.16 181,853.16 151.54 151.54
RS-8000 Single Family 2,346,878.68 2 0.35 821,407.54 821,407.54 684.51 684.51
C-1 Neighborhood Office &
Banking
143,540.57 3 0.7 100,478.40 301,435.19 271,292
C-2 Community Business 189,269.33 3 0.7 132,488.53 397,465.60 357,719
C-3 General Business 330,711.31 3 0.7 231,497.92 694,493.75 625,044
C-4 General Commercial 554,705.98 3 0.7 388,294.18 1,164,882.55 1,048,394
C-4(DR) Commercial (Deed
Restricted)
542,144.23 3 0.7 379,500.96 1,138,502.89 1,024,653
I-G Industrial 6,235,994.50 3 0.7 4,365,196.15 13,095,588.44 11,786,030
IRO Industrial Research Office 276,034.54 5 0.6 165,620.72 828,103.61 745,293
IROM Industrial Research Office
Marine
1,275,237.91 6 0.7 892,666.53 5,355,999.20 4,820,399
MA Marine 1,079,662.74 3 0.7 755,763.92 2,267,291.75 2,040,563
OS Open Space 2183601.685 1 0.03 65,508.05 65,508.05 - -
City of Dania Beach RAC Impact Fee Update
7 | Page
4.3 Trip Generation - Scenario Analysis
Three different trip generation scenarios were created for each land use type (Residential,
Commercial, Industrial). The zoning identified within the RAC was grouped into one of these three
land use categories and assigned land use classification codes created by the Institute of
Transportation Engineers (ITE) Trip Generating Calculator.
Residential Trip Scenarios
The three residential trip scenarios considered that the range of housing options varied in density
from single-family detached at the lowest level of density, to seven story mixed-use development
as the highest level of density. As the ITE Trip Generation Calculator differentiates between low,
mid, and high rise, along with single family residential, duplexes, and whether a residential tower
is mixed-use or not, the distribution of housing types aligned with the appropriate ITE codes. It
was assumed single family housing would remain constant between each of the three different
residential scenarios. This assumption was based on the available land for this type of residential
development plus zoning restrictions on the number of floors and allowable open space
requirements. Mixed-use development, therefore, functioned as the variable to determine a range
of potential residential trips.
The first residential trip scenario reviewed the residential zoned areas within the RAC, identified
the number of units to be assigned to single family housing, and then distributed remaining
residential units proportionately per the percentage of land zoned for mixed-use development.
Trips were then calculated by assigning and a land use classification code for each zone and then
applying the available units for each residential zone in the ITE Trip Generating Calculator.
Evening peak hour vehicles trips was used as the constant in the ITE Trip Calculator. Table 3
summarizes the results from the IT Trip Generating Calculator.
City of Dania Beach RAC Impact Fee Update
8 | Page
Table 3: Residential - Scenario 1 Results
RAC Zone ITE Code ITE Land Use
Description
ITE Land Use
Location Setting
Maximum
Res Floors
Mixed
Use Ratio
DUs Trips
CC 231 Mid-Rise Res w/ GF
Commercial
Dense Multi-Use Urban 6 0.38 1,965 511
EDBB-MU 231 Mid-Rise Res w/ GF
Commercial
Dense Multi-Use Urban 6 0.24 1,255 326
GTWY-MU 231 Mid-Rise Res w/ GF
Commercial
Dense Multi-Use Urban 6 0.17 875 228
NBHD-MU 230 Low-Rise Res w/ GF
Commercial
General
Urban/Suburban
2 0.04 211 85
SFED-MU 230 Low-Rise Res w/ GF
Commercial
General
Urban/Suburban
3 0.11 560 218
PMUD 231 Mid-Rise Res w/ GF
Commercial
Dense Multi-Use Urban 6 0.03 144 37
PMUD-SL 231 Mid-Rise Res w/ GF
Commercial
Dense Multi-Use Urban 6 0.03 144 37
RM-2 220 Multi-Family Housing
(Low-Rise)
4 221 128
NBHD-Res 210 Single Family Detached 1 1,041 917
NBHD-Res* 210 Single Family Detached 1 1,041 917
RO 230 Low-Rise Res w/ GF
Commercial
General
Urban/Suburban
1 152 59
RS-8000 210 Single Family Detached 1 685 622
Total 4,082
The second residential scenario analyzed the results of having a lower level of density than is
feasible under the current zoning regulations. This scenario maintained the same number of
dwelling units for multifamily and single family housing but then conditioned all mixed-use
development to not exceed three and a half stories, with the ground floor set aside for commercial
use. ITE code 230 was used to generate potential trips for mixed-use development Scenario 2.
Table 4 summarizes the results for Scenario 2.
City of Dania Beach RAC Impact Fee Update
9 | Page
Table 4: Residential - Scenario 2 Results
RAC Zone ITE Code ITE Land Use
Description
ITE Land Use
Location Setting
Maximum
Res Floors
Mixed
Use Ratio
DUs Trips
CC 230 Low-Rise Res w/ GF
Commercial
Dense Multi-Use Urban 3.5 0.34 1,795 485
EDBB-MU 230 Low-Rise Res w/ GF
Commercial
Dense Multi-Use Urban 3.5 0.22 1,146 309
GTWY-MU 230 Low-Rise Res w/ GF
Commercial
Dense Multi-Use Urban 3.5 0.15 800 216
NBHD-MU 230 Low-Rise Res w/ GF
Commercial
General
Urban/Suburban
2 0.06 331 129
SFED-MU 230 Low-Rise Res w/ GF
Commercial
General
Urban/Suburban
3 0.17 876 342
PMUD 230 Low-Rise Res w/ GF
Commercial
Dense Multi-Use Urban 3.5 0.03 132 36
PMUD-SL 230 Low-Rise Res w/ GF
Commercial
Dense Multi-Use Urban 3.5 0.03 132 36
RM-2 220 Multi-Family Housing
(Low-Rise)
2 165 104
NBHD-Res 210 Single Family Detached 1 1,041 917
NBHD-Res* 210 Single Family Detached 1 1,041 917
RO 230 Low-Rise Res w/ GF
Commercial
General
Urban/Suburban
1 152 59
RS-8000 210 Single Family Detached 1 685 622
Total 4,172
The third residential scenario analyzed the results from having a higher level of density than is
identified under the current zoning regulations. Currently, the maximum height for a building, per
the zoning code, is seven stories. This aligns with the ITE Code 231, Mid-Rise Residential with
GF Commercial. According to ITE Code 231, the maximum number of stories permitted is 10.
Though 10 stories exceeds the height restrictions per Dania Beach’s zoning code, the project
team use the maximum height allowed for mid-rise to establish a range of potential traffic
generated by residential land uses. Therefore, Scenario three set the number of allowable stories
to 10 with the ground floor set aside for commercial use. Table 5 summarizes the results for
Scenario 3.
City of Dania Beach RAC Impact Fee Update
10 | Page
Table 5: Residential - Scenario 3 Results
RAC Zone ITE Code ITE Land Use
Description
ITE Land Use
Location Setting
Maximum
Res Floors
Mixed
Use Ratio
DUs Trips
CC 231 Mid-Rise Res w/ GF
Commercial
Dense Multi-Use Urban 10 0.41 2,090 543
EDBB-MU 231 Mid-Rise Res w/ GF
Commercial
Dense Multi-Use Urban 10 0.26 1,335 347
GTWY-MU 231 Mid-Rise Res w/ GF
Commercial
Dense Multi-Use Urban 10 0.18 931 242
NBHD-MU 230 Mid-Rise Res w/ GF
Commercial
General
Urban/Suburban
2 0.03 135 53
SFED-MU 230 Mid-Rise Res w/ GF
Commercial
General
Urban/Suburban
3 0.07 357 139
PMUD 231 Mid-Rise Res w/ GF
Commercial
Dense Multi-Use Urban 10 0.03 153 40
PMUD-SL 231 Mid-Rise Res w/ GF
Commercial
Dense Multi-Use Urban 10 0.03 153 40
RM-2 220 Multi-Family Housing
(Low-Rise)
4 221 128
NBHD-Res 210 Single Family Detached 1 1,041 917
NBHD-Res* 210 Single Family Detached 1 1,041 917
RO 230 Low-Rise Res w/ GF
Commercial
General
Urban/Suburban
1 152 59
RS-8000 210 Single Family Detached 1 685 622
Total 4,047
Commercial Trip Scenarios
For Commercial trips, the project team used the assumption that a portion of each commercial-
zoned area within the RAC would be used for either restaurants, retail, or office land use types.
While the ITE manual provides for other land uses, these are highly generalized, ranging from
party stores to doctor’s offices. Such trips are similar to general land use categories – shopping
centers often include such specific uses. From a long-range scenario standpoint, it is more
appropriate to utilize factors for shopping centers, plazas, and strip retail plazas that form the
current and potential future development scenarios for Dania Beach. Similarly, differences were
assumed in the scenarios for the type of dining and for office uses. Each of the three scenarios
varied the ratios to see how the distribution of available square footage impacted the number of
trips needed to accommodate the three different land use types.
Within each land use type, three ITE Trip Codes were used to factor the different types of
restaurants, retail stores, and office space. Table 6 summarizes the ITE trip codes used for each
land use type.
Table 6: ITE Codes per Commercial Land Uses
Restaurant Land Use Retail Land Use Office Land Use
Code ITE Land Use Code ITE Land Use Code ITE Land Use
930 Fast Casual 820 Shopping Center (>150k) 710 General Office Building
931 Fine Dining 821 Shopping Plaza (40-150k) 712 Small Office Building
932 High Turnover (Sit-Down) 822 Strip Retail Plaza (<40k) 750 Office Park
City of Dania Beach RAC Impact Fee Update
11 | Page
Total trips calculated for retail and office were averaged for each of the three scenarios. Because
the type of restaurant can significantly vary in the number of trips generated, the project team
applied weighted values to each of the restaurant types and aggregate the total number of trips.
Doing this step ensured the trips calculated accurately reflect what type of restaurants expected
to be added to the RAC. Table 7 summarizes the weighted values for the different types of
restaurants. It is important to note drive-thru restaurants are not permitted within the RAC, which
is why they were not included as part of this analysis.
Table 7: Weighted Values Applied to Types of Restaurants
ITE Code ITE Land Description Weighted Value
930 Fast Casual 55%
931 Fine Dining 20%
932 High Turnover (Sit-Down) 25%
Commercial Scenario One allocated the same percentage of land for restaurant and retail uses.
Less land was allocated for office space. The purpose of this scenario was to establish a baseline
understanding of how many trips restaurants, retail, and office space are generated by having a
more balanced distribution of land. Table 8 is a summarizes the results for Scenario One.
Table 8: Commercial - Scenario 1 Results
Land Use
Typology
Land Use
Distribution
Remaining
SqFt
Remaining
Trips
Restaurant 35% 2,100,227 33,513
Retail 35% 2,100,227 18,678
Office 30% 1,800,194 2,241
Total 54,432
Scenario Two allocated a higher percentage of land to restaurants and then balanced the
percentage used for retail and office space. Knowing that restaurants are capable of generating
more trips than both retail and office space, the purpose of this scenario was to see how putting
more investment in restaurants would impact the number of trips within the RAC. Table 9
summarizes the results for Scenario Two.
Table 9: Commercial - Scenario 2 Results
Land Use
Typology
Land Use
Distribution
Remaining
SqFt
Remaining
Trips
Restaurant 40% 2,400,259 38,301
Retail 30% 1,800,194 16,010
Office 30% 1,800,194 2,241
Total 56,551
Scenario Three allocated the same percentage of land to restaurants but increased the
percentage of land allocated for office and decreased the amount for retail. A city’s downtown
commercial land uses are comprised large office buildings and restaurants. With the RAC being
the downtown area for Dania Beach, this scenario evaluated how many trips would be created if
the distribution of land use were targeted to create a more urban downtown atmosphere. Table
10 summarizes the results for Scenario Three.
City of Dania Beach RAC Impact Fee Update
12 | Page
Table 10: Commercial - Scenario 3 Results
Land Use
Typology
Land Use
Distribution
Remaining
SqFt
Remaining
Trips
Restaurant 40% 2,400,259 38,301
Retail 25% 1,500,162 13,342
Office 35% 2,100,227 2,608
Total 54,251
Industrial Trip Scenarios
For Industrial trips, the project team used the assumption that a portion of each Industrial-zoned
area within the RAC would be used for either warehouse, design, or research land use types.
Each of the three scenarios varied the ratios to see how the distribution of available square
footage impacted the number of trips needed to accommodate the three different land use types.
Within each land use type, three ITE Trip Codes were used to factor the different types of
warehouse, design, and research industries. Table 11 summarizes the ITE trip codes used for
each land use type.
Table 11: ITE Codes per Industrial Land Uses
ITE Code ITE Land Description
110 Light Industrial
130 Industrial Park
140 Manufacturing
Total trips calculated were averaged for each of the three Industrial trip scenarios. The project
team presented the different scenarios to the City of Dania Beach, who informed the majority of
the land zoned for industrial uses would be for Warehouse facilities. With this information, it was
decided to remove two of the three Industrial scenarios assessed and use only one scenario to
generate the total number of trips. Table 12 summarizes the results from the industrial scenario
analysis.
Table 12: Industrial Trip Scenario
Land Use
Typology
Land Use
Distribution
Remaining
SqFt
Remaining
Trips
Warehouse 90% 2,144,459 1,230
Design 7% 166,791 96
Research 3% 71,482 41
Total 1,366
5. Scenario Results
The remaining trips calculated for residential and commercial scenarios one, two and three, plus
one industrial scenario were then aggregated to create a total number of potential evening peak
hour trips for the remaining square footage available within the RAC. The total number of evening
peak hour trips was then divided by the remaining fee ($1,754,720) to generate a fee range for
consideration. Table 13 summarizes the results of aggregating the evening peak hour trips and
the potential fee per evening peak hour trip.
City of Dania Beach RAC Impact Fee Update
13 | Page
Table 13: Summary of Trip Scenarios
Land Use Scenario 1 Scenario 2 Scenario 3
Residential 4,082 4,172 4,047
Commercial 54,432 56,551 54,251
Industrial 1,366 1,366 1,366
Total PM Peak Hour Trips 59,880 62,089 59,664
Estimated Fee/Peak Hour Trip $29.30 $28.26 $29.41
Results from the scenario analysis indicate the fee range would be somewhere between $28.26
and $29.41, depending on the level of investment in the different commercial and mixed-use land
development types.
6. Final Recommendations
After reviewing all the data, the project team’s recommendation is derived from the three
scenarios presented in Table 13, which was to provide for a reasonable range given the long term
nature of development and the need to accommodate maximum buildout under the land use
regulations. The recommended fee for the update should reasonably reflect the permissions and
restrictions outlined in Dania Beach’s zoning code and the RAC as noted in the City’s land use
plan. To further narrow the options, we reference Residential Scenario One, which, like other
scenarios, aligns with the current land use restrictions per the zoning ordinance. Developing an
impact fee for a scenario that assumes a higher or lower density than what can be built would
create a potential variance that either does not generate enough revenue for anticipated evening
peak hour trips or may overestimate the fee by underestimating the amount of evening peak hour
trips. Therefore, the project team recommends using Scenario One for residential land use as
part of the final recommendation.
Additionally, the purpose of developing the RAC was to invest in the downtown area for Dania
Beach where residents come to eat, work, and live in a safe and walkable area. The project team
recommends using Scenario Three for commercial land use. This scenario put more emphasis
on investing in restaurants and office space rather than retail within the RAC. The one industrial
scenario will also be applied to the final recommendation. Table 14 summarizes the
recommendations for the estimated number of evening peak hour trips and the estimated fee per
evening peak hour trip as aggregated.
Table 14: Recommended Trip Scenario
Land Use Final Recommendation
Residential (from Scenario 1) 4,082
Commercial (from (Scenario 3) 56,551
Industrial 1,366
Total PM Peak Hour Trips 61,999
Estimated Fee/Peak Hour Trip $28.30 (say $29.00)
7. Implementation of Fee Increases
Any fee increase resulting from this report is governed under certain requirements as enumerated
Florida State Statutes Sec. 163.31801. Should the City wish to increase its fee based on this
study, it must provide notice at least 90 days before the effective date of an ordinance or resolution
imposing a new or increased impact fee. Unless the result is to reduce the total mitigation costs
City of Dania Beach RAC Impact Fee Update
14 | Page
or impact fees imposed on an applicant, new or increased impact fees may not apply to current
or pending permit applications submitted before the effective date of a new or increased impact
fee.
The City is also required under state mandated requirements to review this fee and update its
professional basis within 4 years after adoption of this report. It is recommended that the City
provide for an additional 5% administrative fee, or should state statutes change, the maximum
justifiable administrative fee, to help offset the need for future fee reviews every 4 years as
required under F.S. 163.31801.
Increases to the Impact Fees are also subject to the following rules under Florida Statutes:
• An increase to a current impact fee rate of not more than 25 percent of the current rate
must be implemented in two equal annual increments beginning with the date on which
the increased fee is adopted.
• An increase to a current impact fee rate which exceeds 25 percent but is not more than
50 percent of the current rate must be implemented in four equal installments beginning
with the date the increased fee is adopted.
• An impact fee increase may not exceed 50 percent of the current impact fee rate.
• An impact fee may not be increased more than once every 4 years.
• An impact fee may not be increased retroactively for a previous or current fiscal or
calendar year.
A fee increase to $29.00/trip represents a 31.82% increase from the current fee. Therefore, the
overall increase must be implemented in four equal installments beginning with the date the
increased fee is adopted per F.S. 163.31801.
Table 15 summarizes a 4 year adoption timeline to get to $29.00/trip.
Table 15: Impact Fee Adoption Timeline
Year Fee (per trip) 5% Administrative Fee (per trip)
0 $22 $0
1 $23.75 $1.19
2 $25.50 $1.28
3 $27.25 $1.36
4 $29.00 $1.45
8. Conclusion
The project team intend to present these findings to the City in Spring 2025 with the intent of
updating the impact fee to meet future demand on the transportation system within the City of
Dania Beach’s RAC.
ATTACHMENT A
Study Maps
0 0.510.25
Miles
RAC Boundary Map 1: Study AreaLegend
A-1
0 0.510.25
Miles
RAC Boundary
Zoning Codes
C-1
C-2
C-3
C-4
C-4(DR)
CC
EDBB-MU
GTWY-MU
I-G
IRO
IROM
MA
NBHD-MU
NBHD-RES
NBHD-RES*
OS
PMUD
PMUD-SL
RM-2
RO
RS-8000
SFED-MU
Map 2: Zoning within
Study Area
Legend
A-2
ATTACHMENT B
Impact Fee Analysis
Scen 1 Zoning Ratio Scenario One (DU)Scenario 1 Scen 2 Zoning Ratio Scenario 2 (DU)Scenario 2 Scenario 3 Zoning Ratio Scenario 3 (DU)Scenario 3
Total Trips Total Trips Total Trips
CC 0.38 1,965 511 0.34 1,795 485 0.41 2,090 543
EDBB-MU 0.24 1,255 326 0.22 1,146 309 0.26 1,335 347
GTWY-MU 0.17 876 228 0.15 800 216 0.18 931 242
NBHD-MU 0.04 211 82 0.06 331 129 0.03 135 53
SFED-MU 0.11 560 218 0.17 876 342 0.07 357 139
PMUD 0.03 144 37 0.03 132 36 0.03 153 40
PMUD-SL 0.03 144 37 0.03 132 36 0.03 153 40
RM-2 221 128 165 104 221 128
NBHD-Res 1,041 917 1,041 917 1,041 917
NBHD-Res*1,041 917 1,041 917 1,041 917
RO 152 59 152 59 152 59
RS-8000 685 622 685 622 685 622
TOTAL 4,082 TOTAL 4,172 TOTAL 4,047
Land Use Percentage Total SqFt Remaining SqFt Remaining Trips Land Use Percentage Total SqFt Remaining SqFt Remaining Trips
Restraunt 35%5,887,676 2,100,227 33,513 Warehouse 90%10,844,062 2,144,459 1,230
Retail 35%5,887,676 2,100,227 18,678 Design 7%843,427 166,791 96
Office 30%5,046,580 1,800,194 2,241 Research 3%361,469 71,482 41
TOTAL 54,432 TOTAL 1,366
Land Use Percentage Total SqFt Remaining SqFt Remaining Trips
Restraunt 40%6,728,773 2,400,259 38,301
Retail 30%5,046,580 1,800,194 16,010 Totals Scenario 1 Scenario 2 Scenario 3 Recommendation
Office 30%5,046,580 1,800,194 2,241 Residential 4,082 4,172 4,047 4,082
TOTAL 56,551 Commercial 54,432 56,551 54,251 56,551
Industrial 1,366 1,366 1,366 1,366
PM Peak Hr Trips 59,880 62,089 59,664 61,999
Land Use Percentage Total SqFt Remaining SqFt Remaining Trips Remaining Fee 1,754,720$ 1,754,720$ 1,754,720$ 1,754,720$
Restraunt 40%6,728,773 2,400,259 38,301 Impact Fee 29.30$ 28.26$ 29.41$ 28.30$
Retail 25%4,205,483 1,500,162 13,342 Rounded 30.00$ 29.00$ 30.00$ 29.00$
Office 35%5,887,676 2,100,227 2,608
TOTAL 54,251
Commercial Trip Results: Scenario 1
Commercial Trip Results: Scenario 3
Commercial Trip Results: Scenario 2
Industrial Trip Results
Scenario Trip Results & Recommended Impact Fee
Residential Scenarios
Used the Height per Zoning Ordinance
Residential
Zoning Code Mid Rise - Max Height >=10storiesLow Rise - Max Height >=3.5stories
B-1
ATTACHMENT C
Zoning Analysis
Zoning
Code
Mixed Use High Rise Description Total SqFt per
Zone
# Stories Res
Stories
Allowed Lot
Coverage
SqFt Coverage Max Build
SqFt
Average Units
(MxSqFt/1200)
10% Open
Space
Total Useable SqFt
CC Yes Yes City Center 5,576,102 7 6 90%5,018,492 19,572,118 16,310 14,679 14,679
EDBB-MU Yes Yes East Danai Beach Blvd Mixed Use 3,063,657 7 6 85%2,604,109 12,499,722 10,416 9,375 9,375
GTWY-MU Yes Yes Gateway Mixed Use 2,422,643 7 6 75%1,816,982 8,721,515 7,268 6,541 6,541
NBHD-MU Yes Neighborhood Mixed Use 1,547,195 3 2 85%1,315,116 2,104,185 1,753 1,578 1,578
SFED-MU Yes South Federal Mixed Use 3,363,895 4 3 85%2,859,311 5,575,657 4,646 4,182 4,182
PMUD Yes Yes Planned MU Development 351,854 7 6 85%299,076 1,435,566 1,196 1,077 1,077
PMUD-SL Yes Yes Planned MU Development-Small 351,854 7 6 85%299,076 1,435,566 1,196 1,077 1,077
RM-2 Multifamily 25 DU/Acre 189,048 5 4 35%66,167 264,667 221 221
NBHD-Res Neighborhood Residential 15,947,319 2 1 63%10,046,811 10,046,811 8,372 8,372
NBHD-Res*Neighborhood Residential*17,143,306 2 1 63%10,800,283 10,800,283 9,000 9,000
RO Residential Office 259,790 2 1 70%181,853 181,853 152 152
RS-8000 Single Family 2,346,879 2 1 35%821,408 821,408 685 685
C-1 Neighborhood Office & Banking 143,541 3 70%100,478 301,435 271,292 271,292
C-2 Community Business 189,269 3 70%132,489 397,466 357,719 357,719
C-3 General Business 330,711 3 70%231,498 694,494 625,044 625,044
C-4 General Commercial 554,706 3 70%388,294 1,164,883 1,048,394 1,048,394
C-4(DR)Commercial (Deed Restricted)542,144 3 70%379,501 1,138,503 1,024,653 1,024,653
I-G Industrial 6,235,994 3 70%4,365,196 13,095,588 11,786,030 11,786,030
IRO Industrial Research Office 276,035 5 60%165,621 828,104 745,293 745,293
IROM Industrial Research Office Marine 1,275,238 6 70%892,667 5,355,999 4,820,399 4,820,399
MA Marine 1,079,663 3 70%755,764 2,267,292 2,040,563 2,040,563
OS Open Space 2,183,602 1 3%65,508 65,508 65,508
C-1
ATTACHMENT D
ITE Trip Generator Results
Zone ITE Code ITE Land Use Setting Location Time Period DUs Trips
CC 231 Mid-Rise Res w/ GF Commercial Dense Multi-Use Urban Weekday PM PkHr Gen 1,965 511
EDBB-MU 231 Mid-Rise Res w/ GF Commercial Dense Multi-Use Urban Weekday PM PkHr Gen 1,255 326
GTWY-MU 231 Mid-Rise Res w/ GF Commercial Dense Multi-Use Urban Weekday PM PkHr Gen 876 228
NBHD-MU 230 Low-Rise Res w/ GF Commercia General Urban/Suburban Weekday PM PkHr Gen 211 82
SFED-MU 230 Low-Rise Res w/ GF Commercia General Urban/Suburban Weekday PM PkHr Gen 560 218
PMUD 231 Mid-Rise Res w/ GF Commercial Dense Multi-Use Urban Weekday PM PkHr Gen 144 37
PMUD-SL 231 Mid-Rise Res w/ GF Commercial Dense Multi-Use Urban Weekday PM PkHr Gen 144 37
RM-2 220 MultiFam Housing (Low-Rise)Weekday PM PkHr Gen 221 128
NBHD-Res 210 Single Family Detached Weekday PM PkHr Gen 1,041 917
NBHD-Res*210 Single Family Detached Weekday PM PkHr Gen 1,041 917
RO 230 Low-Rise Res w/ GF Commercial General Urban/Suburban Weekday PM PkHr Gen 152 59
RS-8000 210 Single Family Detached Weekday PM PkHr Gen 685 622
TOTAL 8,294 4,082
Zone ITE Code ITE Land Use Setting Location Time Period DUs Trips
CC 230 Low-Rise Res w/ GF Commercia Dense Multi-Use Urban Weekday PM PkHr Gen 1,795 485
EDBB-MU 230 Low-Rise Res w/ GF Commercia Dense Multi-Use Urban Weekday PM PkHr Gen 1,146 309
GTWY-MU 230 Low-Rise Res w/ GF Commercia Dense Multi-Use Urban Weekday PM PkHr Gen 800 216
NBHD-MU 230 Low-Rise Res w/ GF Commercia General Urban/Suburban Weekday PM PkHr Gen 331 129
SFED-MU 230 Low-Rise Res w/ GF Commercia General Urban/Suburban Weekday PM PkHr Gen 876 342
PMUD 230 Low-Rise Res w/ GF Commercia Dense Multi-Use Urban Weekday PM PkHr Gen 132 36
PMUD-SL 230 Low-Rise Res w/ GF Commercia Dense Multi-Use Urban Weekday PM PkHr Gen 132 36
RM-2 220 MultiFam Housing (Low-Rise)Weekday PM PkHr Gen 165 104
NBHD-Res 210 Single Family Detached Weekday PM PkHr Gen 1,041 917
NBHD-Res*210 Single Family Detached Weekday PM PkHr Gen 1,041 917
RO 230 Low-Rise Res w/ GF Commercial General Urban/Suburban Weekday PM PkHr Gen 152 59
RS-8000 210 Single Family Detached Weekday PM PkHr Gen 685 622
TOTAL 8,294 4,172
Zone ITE Code ITE Land Use Setting Location Time Period DUs Trips
CC 231 Mid-Rise Res w/ GF Commercial Dense Multi-Use Urban Weekday PM PkHr Gen 2,090 543
EDBB-MU 231 Mid-Rise Res w/ GF Commercial Dense Multi-Use Urban Weekday PM PkHr Gen 1,335 347
GTWY-MU 231 Mid-Rise Res w/ GF Commercial Dense Multi-Use Urban Weekday PM PkHr Gen 931 242
NBHD-MU 230 Low-Rise Res w/ GF Commercia General Urban/Suburban Weekday PM PkHr Gen 135 53
SFED-MU 230 Low-Rise Res w/ GF Commercia General Urban/Suburban Weekday PM PkHr Gen 357 139
PMUD 231 Mid-Rise Res w/ GF Commercial Dense Multi-Use Urban Weekday PM PkHr Gen 153 40
PMUD-SL 231 Mid-Rise Res w/ GF Commercial Dense Multi-Use Urban Weekday PM PkHr Gen 153 40
RM-2 220 MultiFam Housing (Low-Rise)Weekday PM PkHr Gen 221 128
NBHD-Res 210 Single Family Detached Weekday PM PkHr Gen 1,041 917
NBHD-Res*210 Single Family Detached Weekday PM PkHr Gen 1,041 917
RO 230 Low-Rise Res w/ GF Commercial General Urban/Suburban Weekday PM PkHr Gen 152 59
RS-8000 210 Single Family Detached Weekday PM PkHr Gen 685 622
TOTAL 8,294 4,047
Residential Scenario 1
Residential Scenario 3
Residential Scenario 2
D-1
ITE Code Sqft Ratio Rem SqFt ITE Land Use Time Period Trips ITE Code Rem SqFt ITE Land Use Time Period Trips
930 55%1,155,125 Fast Casual Weekday PM PkHr Gen 21,450,671 820 2,100,227 Shopping Center (>150k)Weekday PM PkHr Gen 7,813,026
931 20%420,045 Fine Dining Weekday PM PkHr Gen 3,477,973 821 2,100,227 Shopping Plaza (40-150k)Weekday PM PkHr Gen 20,414,206
932 25%525,057 High Turnover (Sit-Down)Weekday PM PkHr Gen 8,584,682 822 2,100,227 Strip Retail Plaze (<40k)Weekday PM PkHr Gen 27,807,005
ITE Code Sqft Ratio Rem SqFt ITE Land Use Time Period Trips ITE Code Rem SqFt ITE Land Use Time Period Trips
930 55%1,320,142 Fast Casual Weekday PM PkHr Gen 24,515,037 820 1,800,194 Shopping Center (>150k)Weekday PM PkHr Gen 6,696,904
931 20%480,052 Fine Dining Weekday PM PkHr Gen 3,974,831 821 1,800,194 Shopping Plaza (40-150k)Weekday PM PkHr Gen 17,497,886
932 25%600,065 High Turnover (Sit-Down)Weekday PM PkHr Gen 9,811,063 822 1,800,194 Strip Retail Plaze (<40k)Weekday PM PkHr Gen 23,834,569
ITE Code Sqft Ratio Rem SqFt ITE Land Use Time Period Trips ITE Code Rem SqFt ITE Land Use Time Period Trips
930 55%1,320,142 Fast Casual Weekday PM PkHr Gen 24,515,037 820 1,500,162 Shopping Center (>150k)Weekday PM PkHr Gen 5,580,785
931 20%480,052 Fine Dining Weekday PM PkHr Gen 3,974,831 821 1,500,162 Shopping Plaza (40-150k)Weekday PM PkHr Gen 14,581,575
932 25%600,065 High Turnover (Sit-Down)Weekday PM PkHr Gen 9,811,063 822 1,500,162 Strip Retail Plaze (<40k)Weekday PM PkHr Gen 19,862,145
ITE Code Rem SqFt ITE Land Use Time Period Trips
710 1,800,194 General Office Building Weekday PkHr of Adjacent St Traffic (4-6pm)565,139
712 1,800,194 Small Office Building Weekday PkHr of Adjacent St Traffic (4-6pm)3,888,419
750 1,800,194 Office Park Weekday PkHr of Adjacent St Traffic (4-6pm)2,268,265
ITE Code Rem SqFt ITE Land Use Time Period Trips
710 1,800,194 General Office Building Weekday PkHr of Adjacent St Traffic (4-6pm)565,139
712 1,800,194 Small Office Building Weekday PkHr of Adjacent St Traffic (4-6pm)3,888,419
750 1,800,194 Office Park Weekday PkHr of Adjacent St Traffic (4-6pm)2,268,265
ITE Code Rem SqFt ITE Land Use Time Period Trips
710 2,100,227 General Office Building Weekday PkHr of Adjacent St Traffic (4-6pm)642,275
712 2,100,227 Small Office Building Weekday PkHr of Adjacent St Traffic (4-6pm)4,536,490
750 2,100,227 Office Park Weekday PkHr of Adjacent St Traffic (4-6pm)2,646,307
Scenario 3: Commercial Office Space Codes
Scenario 1: Commercial Restaurant Codes
Scenario 2: Commercial Restaurant Codes
Scenario 3: Commercial Restaurant Codes
Scenario 1: Commercial Retail Codes
Scenario 2: Commercial Retail Codes
Scenario 3: Commercial Retail Codes
Scenario 1: Commercial Office Space Codes
Scenario 2: Commercial Office Space Codes
D-2
ITE Code Rem SqFt ITE Land Use Time Period Trips
110 2,144,459 Light Industrial Weekday PM PkHr Gen 1,351,019
130 2,144,459 Industrial Park Weekday PM PkHr Gen 857,784
140 2,144,459 Manufacturing Weekday PM PkHr Gen 1,479,697
ITE Code Rem SqFt ITE Land Use Time Period Trips
110 166,791 Light Industrial Weekday PM PkHr Gen 105,088
130 166,791 Industrial Park Weekday PM PkHr Gen 66,716
140 166,791 Manufacturing Weekday PM PkHr Gen 115,107
ITE Code Rem SqFt ITE Land Use Time Period Trips
110 71,482 Light Industrial Weekday PM PkHr Gen 45,044
130 71,482 Industrial Park Weekday PM PkHr Gen 28,593
140 71,482 Manufacturing Weekday PM PkHr Gen 49,343
Industrial Design Codes
Industrial Research Codes
Industrial Warehouse Codes
D-3
ATTACHMENT E
Supplemental Research
CHAPTER 2024-266
Committee Substitute for House Bill No. 479
An act relating to alternative mobility funding systems and impact fees;
amending s. 163.3164, F.S.; providing definitions; amending s. 163.3180,
F.S.; revising requirements relating to agreements to pay for or construct
certain improvements; authorizing certain local governments to adopt an
alternative transportation system that is mobility-plan and fee-based in
certain circumstances; prohibiting an alternative transportation system
from imposing responsibility for funding an existing transportation
deficiency upon new development; requiring counties and municipalities
to create and execute interlocal agreements if a developer is charged a fee
for transportation impacts for a new development or redevelopment;
providing requirements for such agreements; providing requirements for
when such interlocal agreements are not executed by a specified date;
authorizing a local government that issues the building permit to collect a
fee for transportation impacts under certain circumstances unless
otherwise agreed; amending s. 163.31801, F.S.; revising requirements
for the calculation of impact fees by certain local governments and special
districts; requiring local governments transitioning to alternative trans-
portation systems to provide holders of impact fee credits with full benefit
of intensity and density of prepaid credit balances as of a specified date in
certain circumstances; amending s. 212.055, F.S.; conforming a cross-
reference; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Subsections (32) through (52) of section 163.3164, Florida
Statutes, are renumbered as subsections (34) through (54), respectively, and
new subsections (32) and (33) are added to that section, to read:
163.3164 Community Planning Act; definitions.—As used in this act:
(32) “Mobility fee” means a local government fee schedule established by
ordinance and based on the projects included in the local government’s
adopted mobility plan.
(33) “Mobility plan” means an alternative transportation system mobi-
lity study developed by using a plan-based methodology and adopted into a
local government comprehensive plan that promotes a compact, mixed use,
and interconnected development served by a multimodal transportation
system in an area that is urban in character, or designated to be urban in
character, as defined in s. 171.031.
Section 2. Paragraphs (h) and (i) of subsection (5) of section 163.3180,
Florida Statutes, are amended, and paragraph (j) is added to that
subsection, to read:
1
CODING: Words stricken are deletions; words underlined are additions.E-1
163.3180 Concurrency.—
(5)
(h)1. Local governments that continue to implement a transportation
concurrency system, whether in the form adopted into the comprehensive
plan before the effective date of the Community Planning Act, chapter 2011-
139, Laws of Florida, or as subsequently modified, must:
a. Consult with the Department of Transportation when proposed plan
amendments affect facilities on the strategic intermodal system.
b. Exempt public transit facilities from concurrency. For the purposes of
this sub-subparagraph, public transit facilities include transit stations and
terminals; transit station parking; park-and-ride lots; intermodal public
transit connection or transfer facilities; fixed bus, guideway, and rail
stations; and airport passenger terminals and concourses, air cargo
facilities, and hangars for the assembly, manufacture, maintenance, or
storage of aircraft. As used in this sub-subparagraph, the terms “terminals”
and “transit facilities” do not include seaports or commercial or residential
development constructed in conjunction with a public transit facility.
c. Allow an applicant for a development-of-regional-impact development
order, development agreement, rezoning, or other land use development
permit to satisfy the transportation concurrency requirements of the local
comprehensive plan, the local government’s concurrency management
system, and s. 380.06, when applicable, if:
(I) The applicant in good faith offers to enter into a binding agreement to
pay for or construct its proportionate share of required improvements in a
manner consistent with this subsection. The agreement must provide that
after an applicant makes its contribution or constructs its proportionate
share pursuant to this sub-sub-subparagraph, the project shall be consid-
ered to have mitigated its transportation impacts and be allowed to proceed
if the applicant has satisfied all other local government development
requirements for the project.
(II) The proportionate-share contribution or construction is sufficient to
accomplish one or more mobility improvements that will benefit a regionally
significant transportation facility. A local government may accept contribu-
tions from multiple applicants for a planned improvement if it maintains
contributions in a separate account designated for that purpose. A local
government may not prevent a single applicant from proceeding after the
applicant has satisfied its proportionate-share requirement if the applicant
has satisfied all other local government development requirements for the
project.
d. Provide the basis upon which the landowners will be assessed a
proportionate share of the cost addressing the transportation impacts
resulting from a proposed development.
Ch. 2024-266 LAWS OF FLORIDA Ch. 2024-266
2
CODING: Words stricken are deletions; words underlined are additions.E-2
2. An applicant shall not be held responsible for the additional cost of
reducing or eliminating deficiencies. When an applicant contributes or
constructs its proportionate share pursuant to this paragraph, a local
government may not require payment or construction of transportation
facilities whose costs would be greater than a development’s proportionate
share of the improvements necessary to mitigate the development’s impacts.
a. The proportionate-share contribution shall be calculated based upon
the number of trips from the proposed development expected to reach
roadways during the peak hour from the stage or phase being approved,
divided by the change in the peak hour maximum service volume of
roadways resulting from construction of an improvement necessary to
maintain or achieve the adopted level of service, multiplied by the
construction cost, at the time of development payment, of the improvement
necessary to maintain or achieve the adopted level of service.
b. In using the proportionate-share formula provided in this subpara-
graph, the applicant, in its traffic analysis, shall identify those roads or
facilities that have a transportation deficiency in accordance with the
transportation deficiency as defined in subparagraph 4. The proportionate-
share formula provided in this subparagraph shall be applied only to those
facilities that are determined to be significantly impacted by the project
traffic under review. If any road is determined to be transportation deficient
without the project traffic under review, the costs of correcting that
deficiency shall be removed from the project’s proportionate-share calcula-
tion and the necessary transportation improvements to correct that
deficiency shall be considered to be in place for purposes of the propor-
tionate-share calculation. The improvement necessary to correct the
transportation deficiency is the funding responsibility of the entity that
has maintenance responsibility for the facility. The development’s propor-
tionate share shall be calculated only for the needed transportation
improvements that are greater than the identified deficiency.
c. When the provisions of subparagraph 1. and this subparagraph have
been satisfied for a particular stage or phase of development, all transporta-
tion impacts from that stage or phase for which mitigation was required and
provided shall be deemed fully mitigated in any transportation analysis for a
subsequent stage or phase of development. Trips from a previous stage or
phase that did not result in impacts for which mitigation was required or
provided may be cumulatively analyzed with trips from a subsequent stage
or phase to determine whether an impact requires mitigation for the
subsequent stage or phase.
d. In projecting the number of trips to be generated by the development
under review, any trips assigned to a toll-financed facility shall be
eliminated from the analysis.
e. The applicant shall receive a credit on a dollar-for-dollar basis for
impact fees, mobility fees, and other transportation concurrency mitigation
requirements paid or payable in the future for the project. The credit shall be
Ch. 2024-266 LAWS OF FLORIDA Ch. 2024-266
3
CODING: Words stricken are deletions; words underlined are additions.E-3
reduced up to 20 percent by the percentage share that the project’s traffic
represents of the added capacity of the selected improvement, or by the
amount specified by local ordinance, whichever yields the greater credit.
3. This subsection does not require a local government to approve a
development that, for reasons other than transportation impacts, is not
qualified for approval pursuant to the applicable local comprehensive plan
and land development regulations.
4. As used in this subsection, the term “transportation deficiency” means
a facility or facilities on which the adopted level-of-service standard is
exceeded by the existing, committed, and vested trips, plus additional
projected background trips from any source other than the development
project under review, and trips that are forecast by established traffic
standards, including traffic modeling, consistent with the University of
Florida’s Bureau of Economic and Business Research medium population
projections. Additional projected background trips are to be coincident with
the particular stage or phase of development under review.
(i) If a local government elects to repeal transportation concurrency, the
local government may it is encouraged to adopt an alternative transporta-
tion system that is mobility-plan and fee-based or an alternative transporta-
tion system that is not mobility-plan and fee-based. The local government
mobility funding system that uses one or more of the tools and techniques
identified in paragraph (f). Any alternative mobility funding system adopted
may not use an alternative transportation system be used to deny, time, or
phase an application for site plan approval, plat approval, final subdivision
approval, building permits, or the functional equivalent of such approvals
provided that the developer agrees to pay for the development’s identified
transportation impacts via the funding mechanism implemented by the local
government. The revenue from the funding mechanism used in the
alternative transportation system must be used to implement the needs
of the local government’s plan which serves as the basis for the fee imposed.
An alternative transportation A mobility fee-based funding system must
comply with s. 163.31801 governing impact fees. An alternative transporta-
tion system may not impose that is not mobility fee-based shall not be
applied in a manner that imposes upon new development any responsibility
for funding an existingtransportation deficiency as definedin paragraph(h).
(j)1. If a county and municipality charge the developer of a new
development or redevelopment a fee for transportation capacity impacts,
the county and municipality must create and execute an interlocal
agreement to coordinate the mitigation of their respective transportation
capacity impacts.
2. The interlocal agreement must, at a minimum:
a. Ensure that any new development or redevelopment is not charged
twice for the same transportation capacity impacts.
Ch. 2024-266 LAWS OF FLORIDA Ch. 2024-266
4
CODING: Words stricken are deletions; words underlined are additions.E-4
b. Establish a plan-based methodology for determining the legally
permissible fee to be charged to a new development or redevelopment.
c. Require the county or municipality issuing the building permit to
collect the fee, unless agreed to otherwise.
d. Provide a method for the proportionate distribution of the revenue
collected by the county or municipality to address the transportation
capacity impacts of a new development or redevelopment, or provide a
method of assigning responsibility for the mitigation of the transportation
capacity impacts belonging to the county and the municipality.
3. By October 1, 2025, if an interlocal agreement is not executed
pursuant to this paragraph:
a. The fee charged toa new developmentor redevelopment shall be based
on the transportation capacity impacts apportioned to the county and
municipality as identified in the developer’s traffic impact study or the
mobility plan adopted by the county or municipality.
b. The developer shall receive a 10 percent reduction in the total fee
calculated pursuant to sub-subparagraph a.
c. The county or municipality issuing the building permit must collect
the fee charged pursuant to sub-subparagraphs a. and b. and distribute the
proceeds of such fee to the county and municipality within 60 days after the
developer’s payment.
4. This paragraph does not apply to:
a. A county as defined in s. 125.011(1).
b. A county or municipality that has entered into, or otherwise updated,
an existing interlocal agreement, as of October 1, 2024, to coordinate the
mitigation of transportation impacts. However, if such existing interlocal
agreement is terminated, the affected county and municipality that have
entered into the agreement shall be subject to the requirements of this
paragraph unless the county and municipality mutually agree to extend the
existing interlocal agreement before the expiration of the agreement.
Section 3. Paragraph (a) of subsection (4), paragraph (a) of subsection
(5), and subsection (7) of section 163.31801, Florida Statutes, are amended to
read:
163.31801 Impact fees; short title; intent; minimum requirements;
audits; challenges.—
(4) At a minimum, each local government that adopts and collects an
impact fee by ordinance and each special district that adopts, collects, and
administers an impact fee by resolution must:
Ch. 2024-266 LAWS OF FLORIDA Ch. 2024-266
5
CODING: Words stricken are deletions; words underlined are additions.E-5
(a) Ensure that the calculation of the impact fee is based on a study using
the most recent and localized data available within 4 years of the current
impact fee update. The new study must be adopted by the local government
within 12 months of the initiation of the new impact fee study if the local
government increases the impact fee.
(5)(a) Notwithstanding any charter provision, comprehensive plan
policy, ordinance, development order, development permit, or resolution,
the local government or special district that requires any improvement or
contribution must credit against the collection of the impact fee any
contribution, whether identified in a development order, proportionate
share agreement, or any other form of exaction, related to public facilities or
infrastructure, including monetary contributions, land dedication, site
planning and design, or construction. Any contribution must be applied
on a dollar-for-dollar basis at fair market value to reduce any impact fee
collected for the general category or class of public facilities or infrastructure
for which the contribution was made.
(7) If an impact fee is increased, the holder of any impact fee credits,
whether such credits are granted under s. 163.3180, s. 380.06, or otherwise,
which were in existence before the increase, is entitled to the full benefit of
the intensity or density prepaid by the credit balance as of the date it was
first established. If a local government adopts an alternative transportation
system pursuant to s. 163.3180(5)(i), the holder of any transportation or road
impact fee credits granted under s. 163.3180 or s. 380.06 or otherwise that
were in existence before the adoption of the alternative transportation
system is entitled to the full benefit of the intensity and density prepaid by
the credit balance as of the date the alternative transportation system was
first established.
Section 4. Paragraph (d) of subsection (2) of section 212.055, Florida
Statutes, is amended to read:
212.055 Discretionary sales surtaxes; legislative intent; authorization
and use of proceeds.—It is the legislative intent that any authorization for
imposition of a discretionary sales surtax shall be published in the Florida
Statutes as a subsection of this section, irrespective of the duration of the
levy. Each enactment shall specify the types of counties authorized to levy;
the rate or rates which may be imposed; the maximum length of time the
surtax may be imposed, if any; the procedure which must be followed to
secure voter approval, if required; the purpose for which the proceeds may be
expended; and such other requirements as the Legislature may provide.
Taxable transactions and administrative procedures shall be as provided in
s. 212.054.
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
(d) The proceeds of the surtax authorized by this subsection and any
accrued interest shall be expended by the school district, within the county
and municipalities within the county, or, in the case of a negotiated joint
Ch. 2024-266 LAWS OF FLORIDA Ch. 2024-266
6
CODING: Words stricken are deletions; words underlined are additions.E-6
county agreement, within another county, to finance, plan, and construct
infrastructure; to acquire any interest in land for public recreation,
conservation, or protection of natural resources or to prevent or satisfy
private property rights claims resulting from limitations imposed by the
designation of an area of critical state concern; to provide loans, grants, or
rebates to residential or commercial property owners who make energy
efficiency improvements to their residential or commercial property, if a
local government ordinance authorizing such use is approved by referen-
dum; or to finance the closure of county-owned or municipally owned solid
waste landfills that have been closed or are required to be closed by order of
the Department of Environmental Protection. Any use of the proceeds or
interest for purposes of landfill closure before July 1, 1993, is ratified. The
proceeds and any interest may not be used for the operational expenses of
infrastructure, except that a county that has a population of fewer than
75,000 and that is required to close a landfill may use the proceeds or
interest for long-term maintenance costs associated with landfill closure.
Counties, as defined in s. 125.011, and charter counties may, in addition, use
the proceeds or interest to retire or service indebtedness incurred for bonds
issued before July 1, 1987, for infrastructure purposes, and for bonds
subsequently issued to refund such bonds. Any use of the proceeds or
interest for purposes of retiring or servicing indebtedness incurred for
refunding bonds before July 1, 1999, is ratified.
1. For the purposes of this paragraph, the term “infrastructure” means:
a. Any fixed capital expenditure or fixed capital outlay associated with
the construction, reconstruction, or improvement of public facilities that
have a life expectancy of 5 or more years, any related land acquisition, land
improvement, design, and engineering costs, and all other professional and
related costs required to bring the public facilities into service. For purposes
of this sub-subparagraph, the term “public facilities” means facilities as
defined in s. 163.3164(41) s. 163.3164(39), s. 163.3221(13), or s. 189.012(5),
and includes facilities that are necessary to carry out governmental
purposes, including, but not limited to, fire stations, general governmental
office buildings, and animal shelters, regardless of whether the facilities are
owned by the local taxing authority or another governmental entity.
b. A fire department vehicle, an emergency medical service vehicle, a
sheriff’s office vehicle, a police department vehicle, or any other vehicle, and
the equipment necessary to outfit the vehicle for its official use or equipment
that has a life expectancy of at least 5 years.
c. Any expenditure for the construction, lease, or maintenance of, or
provision of utilities or security for, facilities, as defined in s. 29.008.
d. Any fixed capital expenditure or fixed capital outlay associated with
the improvement of private facilities that have a life expectancy of 5 or more
years and that the owner agrees to make available for use on a temporary
basis as needed by a local government as a public emergency shelter or a
staging area for emergency response equipment during an emergency
Ch. 2024-266 LAWS OF FLORIDA Ch. 2024-266
7
CODING: Words stricken are deletions; words underlined are additions.E-7
officially declared by the state or by the local government under s. 252.38.
Such improvements are limited to those necessary to comply with current
standards for public emergency evacuation shelters. The owner must enter
into a written contract with the local government providing the improve-
ment funding to make the private facility available to the public for purposes
of emergency shelter at no cost to the local government for a minimum of 10
years after completion of the improvement, with the provision that the
obligation will transfer to any subsequent owner until the end of the
minimum period.
e. Any land acquisition expenditure for a residential housing project in
which at least 30 percent of the units are affordable to individuals or families
whose total annual household income does not exceed 120 percent of the area
median income adjusted for household size, if the land is owned by a local
government or by a special district that enters into a written agreement with
the local government to provide such housing. The local government or
special district may enter into a ground lease with a public or private person
or entity for nominal or other consideration for the construction of the
residential housing project on land acquired pursuant to this sub-subpar-
agraph.
f. Instructional technology used solely in a school district’s classrooms.
As used in this sub-subparagraph, the term “instructional technology”
means an interactive device that assists a teacher in instructing a class or a
group of students and includes the necessary hardware and software to
operate the interactive device. The term also includes support systems in
which an interactive device may mount and is not required to be affixed to
the facilities.
2. For the purposes of this paragraph, the term “energy efficiency
improvement” means any energy conservation and efficiency improvement
that reduces consumption through conservation or a more efficient use of
electricity, natural gas, propane, or other forms of energy on the property,
including, but not limited to, air sealing; installation of insulation;
installation of energy-efficient heating, cooling, or ventilation systems;
installation of solar panels; building modifications to increase the use of
daylight or shade; replacement of windows; installation of energy controls or
energy recovery systems; installation of electric vehicle charging equipment;
installation of systems for natural gas fuel as defined in s. 206.9951; and
installation of efficient lighting equipment.
3. Notwithstanding any other provision of this subsection, a local
government infrastructure surtax imposed or extended after July 1, 1998,
may allocate up to 15 percent of the surtax proceeds for deposit into a trust
fund within the county’s accounts created for the purpose of funding
economic development projects having a general public purpose of improving
local economies, including the funding of operational costs and incentives
related to economic development. The ballot statement must indicate the
intention to make an allocation under the authority of this subparagraph.
Ch. 2024-266 LAWS OF FLORIDA Ch. 2024-266
8
CODING: Words stricken are deletions; words underlined are additions.E-8
Section 5. This act shall take effect October 1, 2024.
Approved by the Governor June 25, 2024.
Filed in Office Secretary of State June 25, 2024.
Ch. 2024-266 LAWS OF FLORIDA Ch. 2024-266
9
CODING: Words stricken are deletions; words underlined are additions.E-9
E-10
E-11
E-12
E-13
E-14
E-15
E-16
ORDINANCE NO. 2014-005
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, TO AMEND THE LAND DEVELOPMENT CODE BY AMENDING ARTICLE 810 “IMPACT FEES” TO PROVIDE FOR ADOPTION OF A MITIGATION FEE PROGRAM ASSOCIATED WITH THE MITIGATION OF TRAFFIC IMPACTS ASSOCIATED WITH THE
MODIFICATION OF PERMITTED USES WITHIN THE AREA
DESIGNATED AS THE DANIA BEACH REGIONAL ACTIVITY CENTER (“RAC”) BY THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN, AS OUTLINED IN THE BROWARD COUNTY LONG RANGE TRANSPORTATION PLAN (“LRTP”); PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 8, 2009, the City Commission of the City of Dania Beach
amended its Comprehensive Plan to adopt a Regional Activity Center (“RAC”) for the area that
is designated as the City’s Community Redevelopment Agency redevelopment area, the
geographic area depicted in the attached “Exhibit A” ; and
WHEREAS, on September 28, 2010, the City amended the RAC Plan to include the
addition of thirty (30) acres of Commercial Land Use and twenty (20) acres of Employment
Center Land Use via Ordinance No. 2010-007; and
WHEREAS, as part of the Broward County Planning Council staff review of the
amendment, adverse traffic impacts were identified on the Regional Transportation System that
are estimated to increase the number of P.M. Peak Hour Vehicle Trips at the long term planning
horizon (2020); and
WHEREAS, as a condition of the approval of the amendment, the Broward County
Planning Council required the City to develop a traffic mitigation system for development within
the RAC; and
WHEREAS, in satisfaction of this traffic mitigation condition, the City Commission of
the City of Dania Beach adopted Resolution Number 2010-114, which committed to the
development of a transportation mitigation impact fee of up to $1.8 Million Dollars for future
development within the RAC; and
WHEREAS, the purpose of this Ordinance is to amend Article 810 “Impact Fees” of the
Land Development Code of the Code of Ordinances, to establish the fair share contribution
E-17
ORDINANCE #2014-005 2
payment schedule, which will be implemented for new development within the RAC, after the
effective date of this Ordinance; and
WHEREAS, the proposed fee schedule is based upon the available remaining
development rights within the RAC, and will be assignable to and used toward traffic impacts of
proposed development within the RAC, based upon the P.M. peak hour trips that those
developments generate; and
WHEREAS, for the purposes of this program, the P.M. peak hour trips are based upon
the Institute of Transportation Engineer’s (“ITE”) trip generation rates current at the date of the
building permit application, and will be utilized to determine the fair share contribution payment
at the time of building permit application for each individual project; and
WHEREAS, the maximum total impact fee amount of $1,800,000.00 is required to
mitigate a maximum of 84,649 P.M. peak hour trips within the RAC; and
WHEREAS, the payment schedule that has been developed for the procedure provides
for a fee of $21.26 per P.M. peak hour trip as the fair share contribution payment for traffic
mitigation for projects within the RAC; and
WHEREAS, funds received by the City through the RAC Transportation Mitigation
Impact Fee will be placed into a new RAC Traffic Mitigation Special Revenue Fund to be
created by the City; and
WHEREAS, the funds collected by the City at the time of building permits through this
program shall be utilized for transit infrastructure improvements, programmed roadway
improvements and pedestrian/greenway/bicycle improvements, or all of the foregoing and will
be consistent with the Broward County 2035 Long Range Transportation Plan (“LRTP”) and
within the RAC boundaries; and
WHEREAS, the Planning and Zoning Board, sitting as the City’s local planning agency,
has reviewed this Ordinance; and
WHEREAS, a public notice was provided in accordance with Section 163.31801, F.S.;
and
WHEREAS, a public hearing was held before the City Commission pursuant to the
published notice described above; and
E-18
ORDINANCE #2014-005 3
WHEREAS, the City Commission finds that adoption of this Ordinance through its
police powers will protect the public health, safety, and welfare of the residents of the City, and
furthers the purpose, goals, objectives, and policies of the City’s Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the preceding “Whereas” clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2. That Article 810 “Impact Fees” of the City of Dania Beach Land
Development Code is amended to read as follows:
Section 810-70. Regional Activity Center Transportation Mitigation Impact Fee.
(A) Impacts to the regional transportation system within the Regional Activity Center
(RAC) designation of the City’s Comprehensive Plan shall be mitigated through the RAC
Transportation Mitigation Impact Fee, based upon a fair share contribution payment
schedule, for the mitigation of transportation impacts associated with development within
the RAC.
(B) The amount of a required RAC Transportation Mitigation Impact Fee payment shall
be determined by the number of trips to be generated by a proposed development at the
time of building permit application. The amount of the fee shall be calculated based on
the RAC Transportation Mitigation Impact Fee schedule which shall be adopted by
resolution of the city commission.
Section 3. All ordinances of the City of Dania Beach in conflict with any provisions
of this Ordinance are repealed to the extent of such conflict.
Section 4. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 5. That the provisions of this Ordinance shall become and be made a part of
the Code of Ordinances of the City of Dania Beach, Florida, that the sections of the Ordinance
may be renumbered or relettered to accomplish such intentions, and that the word “Ordinance”
shall be changed to “Section,” “Article” or other appropriate word.
E-19
ORDINANCE #2014-005 4
Section 6. That this Ordinance shall take effect immediately upon its passage and
adoption.
PASSED on first reading on May 27, 2014.
PASSED AND ADOPTED on second reading on ___________________, 2014.
ATTEST:
LOUISE STILSON, CMC WALTER B. DUKE, III
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
THOMAS J. ANSBRO CITY ATTORNEY
E-20
E-21
E-22
This document does not reflect the intent or official position of the bill sponsor or House of Representatives. STORAGE NAME: h0479z1.LFS.docx DATE: 6/27/2024
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: CS/HB 479 Alternative Mobility Funding Systems SPONSOR(S): Commerce Committee; Robinson, W., and others TIED BILLS: IDEN./SIM. BILLS: CS/SB 688
FINAL HOUSE FLOOR ACTION: 115 Y’s 0 N’s GOVERNOR’S ACTION: Approved
SUMMARY ANALYSIS
CS/HB 479 passed the House on February 28, 2024, as amended, and subsequently passed the Senate on March 4, 2024. Counties and municipalities are required to plan for future development and growth by adopting, implementing, and amending as necessary a comprehensive plan. All elements of a plan or plan amendment must be based on relevant, appropriate data and an analysis by the local government. Each comprehensive plan must include
a transportation element addressing traffic circulation, including the types, locations, and extent of existing and proposed major thoroughfares and transportation routes, including bicycle and pedestrian ways. Certain public facilities and services must be in place and available to serve new development no later than the issuance of a certificate of occupancy or its functional equivalent by a local government. Local governments may extend this concurrency requirement to additional public facilities such as transportation. Local governments electing to repeal transportation concurrency are encouraged to adopt an alternative mobility funding system. One method of funding local government transportation concurrency requirements is through the adoption and imposition of impact fees to fund the infrastructure needed to expand local services to meet the demands of population growth caused by new growth. Local governments may increase impact fees only under limited circumstances, including upon a showing of extraordinary circumstances. In 2013, the concept of a mobility fee-based funding system was added to the comprehensive planning statutes as an encouraged alternative to transportation concurrency. The bill defines “mobility fee” and “mobility plan” for use within the Community Planning Act. The bill requires counties and municipalities that charge developers a fee for transportation capacity impacts to enter interlocal agreements to coordinate the mitigation of their respective transportation capacity impacts, provides criteria for the agreements, and establishes alternative processes to follow if local governments fail to
enter into such agreements by October 1, 2025. The bill provides that local governments adopting and collecting impact fees by ordinance or resolution must base impact fee calculations on a study using the most recent and localized data available within four years of the current impact fee update, unless the impact fee is increased, in which case the new study must be
adopted by the local government within 12 months of the initiation. The bill provides that a local government must credit against the collection of the impact fee any contribution identified in the development order or any form of exaction, including monetary contributions. The bill does not have a fiscal impact on state or local government. The bill was approved by the Governor on June 25, 2024, ch. 2024-266, L.O.F., and will become effective on October 1, 2024.
E-23
STORAGE NAME: h0479z1.LFS.docx PAGE: 2 DATE: 6/27/2024
I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES: Present Situation
Every local government, defined as any county and municipality,1 is required to plan for future development and growth by adopting, implementing, and amending as necessary a comprehensive plan.2 All elements of a plan or plan amendment must be based on relevant, appropriate data3 and an analysis by the local government that may include surveys, studies, aspirational goals, and other data available at the time of adopting the plan or amendment.4 The data supporting a plan or amendment must be taken from professionally accepted sources5 and must be based on permanent and seasonal population estimates and projections.6 Each comprehensive plan must include a transportation element, the purpose of which is to plan for a multimodal transportation system emphasizing feasible public transportation, addressing mobility issues pertinent to the size and character of the local government, and designed to support all other elements
of the comprehensive plan.7 The transportation element must address traffic circulation, including the types, locations, and extent of existing and proposed major thoroughfares and transportation routes, including bicycle and pedestrian ways.8 The plan of a local government with a population exceeding 50,000 that is not within the planning area of a metropolitan planning organization (MPO)9 also must address mass transit, ports, and aviation10 and related facilities.11 The transportation planning element for a local government with a population exceeding 50,000 located within the area of a MPO specifically must address the following:
All alternative modes of travel, including public transportation, pedestrian, and bicycle.
Aviation, rail, and seaport facilities, access to those facilities, and intermodal transportation.
Capability to evacuate coastal population prior to a natural disaster.
Airports, projected airport and aviation development, and land use around airports.
Identification of land use densities, building intensities, and transportation management programs to promote public transportation.12 The transportation planning element for a municipality with a population exceeding 50,000, or a county with a population exceeding 75,000, must provide for moving people by mass transit, including:
Providing efficient, safe, and convenient public transit, including accommodation for the
transportation disadvantaged.
Plans for port, aviation, and related facilities.
1 S. 163.3164(29), F.S. For the purpose of the act, the Central Florida Tourism Oversight District may exercise the powers of a municipality for the area under its jurisdiction. S. 163.3167(6), F.S.; see also ch. 2023-5, Laws of Fla. (renaming the Reedy Creek
Improvement District to the Central Florida Tourism Oversight District). 2 Ss. 163.3167(2) and 163.3177(2), F.S. 3 “To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue.” S. 163.3177(1)(f), F.S. 4 S. 163.3177(1)(f), F.S.
5 S. 163.3177(1)(f)2., F.S. The statute does not further define “professionally accepted sources.” 6 S. 163.3177(1)(f)3., F.S. Population estimates may be those published by the Office of Economic and Demographic Research or may be generated by the local government based upon a professionally acceptable methodology. Id. 7 S. 163.3177(6)(b), F.S. 8 S. 163.3177(6)(b)1., F.S. 9 An MPO must be designated as provided in 23 U.S.C. s. 450.310(a) for each urbanized area with a population of more than 50,000. S. 339.175(2), F.S. Florida MPOs are intended specifically to develop plans and programs in metropolitan areas for the develo pment and management of transportation systems and facilities, including pedestrian walkways and bicycle transportation facilities to function as an intermodal transportation system. S. 339.175(1), F.S.
10 All local governments have the option to include within the transportation element an airport master plan, incorporated into the plan through the comprehensive plan amendment process. S. 163.3177(6)(b)4., F.S.
11 S. 163.3177(6)(b), F.S. 12 S. 163.3177(6)(b)2., F.S.
E-24
STORAGE NAME: h0479z1.LFS.docx PAGE: 3 DATE: 6/27/2024
Plans for circulation of recreational traffic, including bicycle and riding facilities and exercise trails.13 In addition to the general requirements for data supporting a comprehensive plan or amendment, the transportation planning element must include one or more maps showing the general location of existing and proposed transportation system features and data, analyses, and associated principles pertaining to:
Existing transportation system levels of service and system needs and availability of transportation facilities and services.
Growth trends and travel patterns, as well as interactions between land use and transportation;
Current and projected intermodal14 deficiencies and needs.
Projected transportation system levels of service and system needs.
How the local government will correct existing facility deficiencies, meet the needs of the projected transportation system, and advance the transportation purposes of the plan.15 Generally, local government transportation and mobility planning should address providing mobility
options, such as automobile, bicycle, pedestrian, or mass transit, that minimize environmental impacts, expand transportation options, and increase connectivity between destinations.16 Transportation Concurrency Certain public facilities and services must be in place and available to serve new development no later than the issuance of a certificate of occupancy or its functional equivalent by a local government.17 Local governments may extend this concurrency requirement to additional public facilities such as transportation.18 Where concurrency is applied to transportation, the local government comprehensive plan must provide the principles, guidelines, standards, and strategies, including adopted levels of service, to guide its application.19 The plan must show that the included levels of service may reasonably be met.20 Local governments utilizing transportation concurrency must use professionally accepted studies to evaluate levels of service and techniques to measure such levels of service when evaluating potential impacts of proposed developments.21 While local governments implementing a transportation concurrency system are encouraged to develop and use certain tools and guidelines, such as addressing potential negative impacts on urban infill and redevelopment22 and adopting long-term multimodal strategies,23 such local governments must follow specific concurrency requirements including consulting with the Florida Department of Transportation if proposed amendments to the plan affect the Strategic Intermodal System, exempting public transit facilities from concurrency
13 S. 163.3177(6)(b)3., F.S. 14 “Intermodal transportation” is not defined in the statute but generally means the transportation by or involving more than one form of
carrier in a single journey, particularly for moving cargo. See “intermodal,” available at https://www.merriam-webster.com/dictionary/intermodal (last visited Jan. 14, 2024); “intermodal transport,” available at https://www.ups.com/us/en/supplychain/insights/knowledge/glossary-term/intermodal-transport.page (last visited Jan. 14, 2024). Part of the intent in creating the Florida Strategic Intermodal System is to address the increased demands placed on the entire statewide transportation system by economic and population growth and projected increases in freight movement, international trade, and tourism designing and operating a strategic intermodal system to meet the mobility needs of the state. See s. 339.61(2), F.S. 15 S. 163.3177(6)(b)1., F.S. 16 Dept. of Commerce, “Transportation Planning,” available at https://www.floridajobs.org/community-planning-and-development/programs/community-planning-table-of-contents/transportation-planning (last visited Jan. 14, 2024), herein Commerce Transportation Planning. 17 S. 163.1380(2), F.S. The only such services for which concurrency is mandatory are sanitary sewer, solid waste, drainage , and potable water supplies. 18 S. 163.3180(1), F.S. 19 Ss. 163.3180(1)(a) and 163.3180(5)(a), F.S. See Commerce Transportation Planning, supra n. 16.
20 S. 163.3180(1)(b), F.S. 21 S. 163.3180(5)(b)-(c), F.S.
22 S. 163.3180(5)(e), F.S. 23 S. 163.3180(f), F.S.
E-25
STORAGE NAME: h0479z1.LFS.docx PAGE: 4 DATE: 6/27/2024
requirements, and allowing a developer to contribute a proportionate share to mitigate transportation impacts for a specific development.24 An applicant for a development-of-regional-impact development order, development agreement, rezoning, or other land use development permit satisfies the requirements for transportation concurrency if the applicant in good faith offers to enter into a binding agreement to pay for or construct its proportionate share of transportation improvements required to mitigate the impact of the proposed development and the proffered proportionate share contribution or construction is sufficient to accomplish one or more mobility improvements benefitting a regionally significant transportation facility.25 The plan for transportation concurrency must provide the basis on which landowners will be assessed a proportionate share,26 which must include a compliant formula for calculating the proportionate share.27 The proportionate share may not include additional costs to reduce or eliminate existing transportation deficiencies.28
Local governments electing to repeal transportation concurrency are encouraged to adopt an alternative mobility funding system. Such an alternative system may not be used to restrict or deny certain development approval applications provided the developer agrees to pay for the development’s transportation impacts using the funding mechanism implemented by the local government. Local government mobility fee systems must comply with all requirements for adopting and implementing
impact fees. An alternative funding system that is not mobility fee based may not impose on new development any responsibility for funding existing transportation deficiencies.29 Impact Fees One method of funding local government transportation concurrency requirements is through the adoption and imposition of impact fees on new development. Local governments impose impact fees to fund infrastructure30 needed to expand local services to meet the demands of population growth caused by new growth.31 Impact fees must meet the following minimum criteria when adopted:
The fee must be calculated using the most recent and localized data.32
The local government adopting the impact fee must account for and report impact fee collections and expenditures. If the fee is imposed for a specific infrastructure need, the local government must account for those revenues and expenditures in a separate accounting fund.33
Charges imposed for the collection of impact fees must be limited to the actual costs.34
All local governments must give notice of a new or increased impact fee at least 90 days before the new or increased fee takes effect, but need not wait 90 days before decreasing, suspending, or eliminating an impact fee. Unless the result reduces total mitigation costs or impact fees on an applicant, new or increased impact fees may not apply to current or pending applications
24 S. 163.3180(5)(h), F.S. See Commerce Transportation Planning, supra n. 16. 25 S. 163.3180(5)(h)1.c., F.S.
26 S. 163.3180(5)(h)1.d., F.S. 27 S. 163.3180(5(h)2.a.-d., F.S. 28 S. 163.3180(5)(h)2., F.S. For purposes of s. 163.3180(5), F.S., “transportation deficiency” mean s a facility or facilities on which the level of service standard adopted in the comprehensive plan is exceeded by the number of existing, projected, or vested trips together with additional trips originating from any source other than the development project under review, and trips forecast by established traffic standards. S. 163.3180(5)(h)4., F.S. Local governments may resolve existing transportation deficiencies within an ide ntified transportation deficiency area by creating a transportation development authority with specific powers to implement a transportation sufficiency plan funded through a formula of tax increment funding. Adopting a transportation sufficiency plan is deemed as m eeting transportation level of service standards, and proportionate fair-share mitigation is limited to ensure developments within the transportation deficiency area are not responsible for additional costs to eliminate deficiencies. S. 163.3182, F.S. 29 S. 163.3180(5)(i), F.S. 30 “Infrastructure” means the fixed capital expenditure or outlay for the construction, reconstruction, or improvement of public facilities with a life expectancy of five or more years, together with specific other costs required to bring the public facility into s ervice but excluding the costs of repairs or maintenance. The term also includes specific equipment. S. 163.31801(3), F.S.
31 S. 163.31801(2), F.S. Water and sewer connection fees are not impact fees. S. 163.31801(12), F.S. 32 S. 163.31801(4)(a), F.S.
33 S. 163.31801(4)(b), F.S. 34 S. 163.31801(4)(c), F.S.
E-26
STORAGE NAME: h0479z1.LFS.docx PAGE: 5 DATE: 6/27/2024
submitted before the effective date of an ordinance or resolution imposing a new or increased impact fee.35
A local government may not require payment of the impact fee before the date of issuing a building permit for the property that is subject to the fee.36
The impact fee must be reasonably connected to, or have a rational nexus with, the need for additional capital facilities and the increased impact generated by the new residential or commercial construction.37
The impact fee must be reasonably connected to, or have a rational nexus with, the expenditures of the revenues generated and the benefits accruing to the new residential or commercial construction.38
The local government must specifically earmark revenues generated by the impact fee to acquire, construct, or improve capital facilities to benefit new users.39
The local government may not use revenues generated by the impact fee to pay existing debt or
for previously approved projects unless the expenditure is reasonably connected to, or has a rational nexus with, the increased impact generated by the new residential or commercial construction.40 The types of impact fees charged and the timing of their collection after issuing a building permit are
within the discretion of the local government or special district authorities choosing to impose the fees.41 In general, a building permit must be obtained before the construction, erection, modification, repair, or demolition of any building.42 A development permit pertains to any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land.43 Local governments providing an exception or waiver of impact fees for the development or construction of affordable housing are not required to use any revenues to offset the impact of such development.44 Local governments must credit against impact fee collections any contribution related to public facilities or infrastructure on a dollar-for-dollar basis at fair market value for the general category or class of public facilities or infrastructure for which the contribution was made. If no impact fee is collected for that category of public facility or infrastructure for which the contribution is made, no credit may be applied.45 Credits for impact fees may be assigned or transferred at any time once established, from one development or parcel to another within the same impact fee zone or district or within an adjoining impact fee zone or district within the same local government jurisdiction.46 Local governments may increase impact fees only under limited circumstances. A fee may be increased no more than once every four years, may not be increased retroactively, the increase may not exceed 50 percent of the current impact fee amount, and any increase must be consistent with a
statutorily-compliant plan for the imposition, collection, and use of the fees. An increase not exceeding 25 percent of the current fee amount must be implemented in two equal annual increments, while an increase greater than 25 percent but not exceeding 50 percent of the current amount must be implemented in four equal annual installments. However, a local government may increase a fee more than once in four years or for more than 50 percent of a current impact fee amount if it has:
35 S. 163.31801(4)(d), F.S.
36 S. 163.31801(4)(e), F.S. 37 S. 163.31801(4)(f), F.S. 38 S. 163.31801(4)(g), F.S. 39 S. 163.31801(4)(h), F.S. 40 S. 163.31801(4)(i), F.S. 41 See s. 163.31801(2), F.S. 42 S. 553.79, F.S. 43 S. 163.3164(16), F.S. 44 S. 163.31801(11), F.S.
45 S. 163.31801(5), F.S. 46 S. 163.31801(10), F.S. In an action challenging an impact fee or a failure to provide proper credits, the local government ha s the
burden of proof to establish the imposition of the fee or the credit complies with the statute, and the court may not defer to the decision or expertise of the government. S. 163.31801(9), F.S.
E-27
STORAGE NAME: h0479z1.LFS.docx PAGE: 6 DATE: 6/27/2024
Prepared a demonstrated-need study within 12 months before adopting the increase showing extraordinary circumstances necessitating the need for the increase.
Conducted at least two publicly noticed workshops on the extraordinary circumstances justifying the increase.
Approved the increase by at least a two-thirds vote of the governing body.47 A local government that increases an impact fee must still provide the holder of any impact fee credit the full benefit of the density and intensity prepaid by the credit balance.48 With each annual financial report or audit filed49 a local government must report specific information on impact fees imposed, including the specific purpose of the fee, the impact fee schedule describing the method of calculating the fee, the amount assessed for each purpose and for each type of dwelling, the total amount of fees charged by type of dwelling, and each exception or waiver to the imposition of impact fees provided for construction of affordable housing.50 Additionally, the chief financial officer or executive officer (if there is no chief financial officer) must submit with the annual financial report an
affidavit attesting that all impact fees were collected and expended by the local government, or on its behalf, in full compliance with the spending period provisions in the local ordinance and that funds expended from each impact fee account were used to acquire, construct, or improve those specific infrastructure needs.51
Mobility Plans and Fees In the Community Renewal Act52 of 2009 (Act), the Legislature found that the concept and application of transportation concurrency was “complex, inequitable, lack(ed) uniformity among jurisdictions, (was) too focused on roadways to the detriment of desired land use patterns and transportation alternatives, and frequently prevent(ed) the attainment of important growth management goals.”53 The Act required completion and submission of a mobility fee methodology study54 and stated the Legislature’s intent that a mobility fee “should be designed to provide for mobility needs, ensure that development provides mitigation for its impacts on the transportation system in approximate proportionality to those impacts, fairly distribute the fee among the governmental entities responsible for maintaining the impacted roadways, and promote compact, mixed-use, and energy-efficient development.”55 In 2013, the concept of a mobility fee-based funding system was added to the comprehensive planning statutes as an encouraged alternative to transportation concurrency.56 Alternative mobility funding systems using a mobility fee are encouraged to incorporate one or more of
the statutory tools and techniques, including:
Adoption of long-term strategies to facilitate development patterns that support multimodal solutions, including urban design, appropriate land use mixes, intensity and density.
Adoption of an area wide level of service not dependent on any single road segment function. Exempting or discounting impacts of locally desired development.
Assigning secondary priority to vehicle mobility and primary priority to ensuring a safe, comfortable, and attractive pedestrian environment with convenient interconnection to transit;
47 S. 163.31801(6), F.S. 48 S. 163.31801(7), F.S. 49 See ss. 218.32 and 218.39, F.S. 50 S. 163.31801(13), F.S. 51 S. 163.31801(8), F.S. 52 Ch. 2009-96, s. 1, Laws of Fla. 53 Ch. 2009-96, s. 13(1)(a), Laws of Fla. 54 Center for Urban Transportation Research, Evaluation of the Mobility Fee Concept Final Report, University of South Florida (Nov.
2009), available at https://cutr.usf.edu/wp-content/uploads/2012/08/Evaluation-of-the-Mobility-Fee-Concept-CUTR-Webcast-04.21.11.pdf (last visited Jan. 14, 2024).
55 Ch. 2009-96, s. 13(1)(b), Laws of Fla. 56 Ch. 2013-78, s. 1, Laws of Fla.
E-28
STORAGE NAME: h0479z1.LFS.docx PAGE: 7 DATE: 6/27/2024
Establishing multimodal level of service standards that rely primarily on non-vehicular modes of transportation where existing or planned community design will provide adequate a level of mobility.
Reducing impact fees or local access fees to promote development within urban areas, multimodal transportation districts, and a balance of mixed-use development in certain areas or districts, or for affordable or workforce housing.57 Some local governments have adopted mobility plans and mobility fees.58 Effect of the Bill The bill revises provisions concerning impact fees and concurrency while providing additional guidance concerning mobility fees. For purposes of the Community Planning Act,59 the bill defines:
“Mobility fee” to mean a local government fee schedule established by ordinance and based on the projects included in the local government's adopted mobility plan.
“Mobility plan” to mean an alternative transportation system mobility study developed by using a plan-based methodology and adopted into a local government comprehensive plan that promotes a compact, mixed use, and interconnected development served by a multimodal transportation system in an area that is urban in character, or designated to be urban in
character. The bill requires agreements between local governments that implement a transportation concurrency system and applicants for a development-of-regional-impact development order, development agreement, rezoning, or other land use development permit concerning the applicants offer to pay for or construct its proportionate share of required improvements to provide that, after the applicant makes its contribution or constructs its proportionate share, the project must be considered to have mitigated its transportation impacts and must be allowed to proceed if the applicant has satisfied all other local government development requirements for the project. The bill provides that local governments may not prevent a single applicant from proceeding after the applicant has satisfied its proportionate-share contribution and all other local government development requirements for the project. If a county and municipality both charge the developer of a new development or redevelopment a fee for transportation capacity impacts, the bill requires the county and municipality to create and execute an interlocal agreement to coordinate the mitigation of their respective transportation impacts. The interlocal agreement must:
Ensure any new development or redevelopment is not charged twice for the same transportation capacity impact.
Establish a plan-based methodology for determining the legally permissible fee to be charged to a new development or redevelopment. Require the county or municipality issuing the building permit to collect the fee, unless
otherwise agreed to by the parties.
Provide a method for the proportionate distribution of the revenue collected by the county or municipality to address transportation capacity impacts or assigning responsibility for the mitigation of transportation capacity impacts. If a county and municipality fail to execute an interlocal agreement by October 1, 2025, the bill provides that: The fee charged to a new development or redevelopment must be based on the transportation capacity impacts apportioned to the county and municipality as identified in the developer's
57 S. 163.3180(5)(f), F.S. 58 See Hillsborough County Code of County Ordinances, ch. 40, art. III, div. 2, Mobility Fees; Pasco County Code of Ordinances, Land
Development Code, ch. 1300, s. 1302.2; City of Port St. Lucie Code of Ordinances, Title XV, ch. 159, s. 159.101, Port St. Lucie Mobility
Fee Ordinance.
59 The Community Planning Act is part II of ch. 163, F.S.
E-29
STORAGE NAME: h0479z1.LFS.docx PAGE: 8 DATE: 6/27/2024
traffic impact study or the mobility plan adopted by the county or municipality, subject to a 10 percent reduction in the total owed by the developer.
The county or municipality issuing the building permit must collect the fee and distribute the proceeds of the fee to the county and municipality within 60 days after the developer's payment. The bill provides that the interlocal agreement requirement does not apply to a county as defined in s. 125.011(1), F.S., or a county or municipality that has entered into or has otherwise updated an existing interlocal agreement to coordinate the mitigation of transportation impacts for the duration of such agreement. Impact Fees The bill provides that local governments adopting and collecting impact fees must base impact fee calculations on a study using the most recent and localized data available within four years of the current impact fee update, unless the impact fee is increased, in which case the new study must be adopted by the local government within 12 months of the initiation. The bill provides that a local government must credit against the collection of the impact fee any contribution identified in the development order or any form of exaction, including monetary contributions.
The bill provides that holders of transportation or road impact fee credits granted under s. 163.3180 or s. 380.06, F.S., along with other provisions, which existed before the adoption of the alternative transportation system, is entitled to the full benefit of the intensity and density prepaid by the credit balance as of the date it was first establish. II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT A. FISCAL IMPACT ON STATE GOVERNMENT: 1. Revenues: None. 2. Expenditures: None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 1. Revenues:
None. 2. Expenditures: None. C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: None. D. FISCAL COMMENTS: None.
E-30
818
Inagua
S
t
Jamaica Dr
Griffin Rd
95
S
Po
in
t
e
D
r
Meridian
D
r
Stirling RdStirlingRd
Oakwood Plaza
Boomers of
Dania Beach
Oakwood Hills
Raleigh
S
t
Sheridan
S
t
Dania Cut Off
C
a
n
al
Tarpo
n
W
a
t
e
r
w
a
y
NW
8
t
h St
NW
7
t
h
S
t
NW
3
r
d
T
er
NW 3rd St
S Perimeter Rd
NE 10th St
Old
G
r
iffin Rd
Griffin
R
d
N
F
edera
lHw
y
Da
n
i
a
C
u
t
O
f
f
C
a
na
l
1 SE
6
t
h
S
t
NE
2
n
d
S
t
SE
2
n
d
A
v
e
N
2
3
r
d
A
v
e
SW 6th
S
t
SE
4
t
h
A
v
e
Fr
o
n
t
o
n
B
lv
d
NE
1s
t
Ave
NW 1st St NE
1
s
t
S
t
SE
3
r
d
A
v
e
SE 7th St
SE
1
s
t
A
v
e
NW
5
t
h
A
v
e
SW
1
1
t
h
S
t
SW 7th St
SE 10th
S
t
S
B
r
y
a
n
R
d
SE
5
th
S
t
McClellan
S
t
SE
8
t
h
S
t
SW
1
s
t St SE
1
st
S
t
Charleston St
SW
9
t
h
S
t
SW 3rd St
SE
3
r
d
T
e
r
NW
1
s
t
A
v
e
SW
8
t
h
S
t
SE
2
n
d
S
t
NE
1
s
t
C
t
NW
4
t
h
A
v
e
SW
1
2
th
S
t
SE
4
t
h
T
e
r
NW
2
n
d
S
t
SW
1
2t
h
A
v
e
SW
3
r
d
A
v
e
NW
8
t
h
A
v
e
Douglas
S
t
NW
7
t
h
A
v
e
SE 3rd St
SW
5
th
S
t
Forrest
S
t
NW
6
t
h
A
v
e
NW
3r
d
A
ve
W
D
a
nia
B
e
a
c
h
Blvd
SW
4
t
h
C
t
N
B
r
y
a
n
R
d
SE
1
1
t
h
T
e
r
SW
4
t
h
St
N
2
2
n
d
A
v
e
Meade
S
t
Pa
r
k
A
v
e
E
S
E
5
t
h
A
v
e
SW
4t
h
Av
e
Ph
ipp
e
n
W
a
it
e
r
s
R
d
W Dixi
e H wy
Stirling
R
d
E
D
a
n
ia
B
e
a
c
h
B
l
v
d
S
Fe
d
er
a
l
H
wy
N
F
e
d
e
r
a
l
H
w
y
Dania Memorial
Park Cemetery
Mary M Bethune
Elementary
School
Attucks Middle
School
Dania Florida
East Coast
Railroad
Liberia
Dania Beach
SW
1
4
t
h
S
t
SW
1
3
t
h
S
t
Farragut
S
t
SW
3
r
d
A
v
e
SW
1
5
t
h
S
t
Simms
S
t
Raleigh
S
t
Hood
S
t
SW
1
6
t
h
S
t
SE
5
th
A
v
e
Sheridan
S
t
Sheridan
S
t
Boggs Field
Park
Olsen Junior
High School
D ania Cu t O ff C a n a l
A1A
Gu
l
f
s
t
r
e
am
R
d
W
S
h
o
re
D
r
E
D
ania
B
e
a
c
h
B
l
v
d
822822 E
S
h
e
r
i
d
a
n
St Sheridan StC-2
RM-2
OS
RM-2
RS-6000
NBHD-RES
OS
NBHD-RES*
RS-8000
RS-12000
RS-8000
I-G
RM-2
NBHD-RES
NBHD-RES
EDBB-MU
RS-8000
C-3 C-4
OS
RM-2
NBHD-RES
RS-6000
RD-8000
C-3
C-4
C-4(DR)
RMH
MA
C-1
PMUD
C-2
IROM
IROMOSI-G I-G
IRO
I-G
NBHD-RES
NBHD-RES*
CC
NBHD-MU
C-3
NBHD-RES*
NBHD-MU
NBHD-RES
OS
NBHD-MU
OS
NBHD-RES
NBHD-MU
NBHD-MU
NBHD-MU
NBHD-MU
NBHD-RES
NBHD-MU
OS
NBHD-RES*
NBHD-RES
MA
NBHD-RES
OS
OS
NBHD-RES
NBHD-RES
C-2
PRD-1
C-2
C-2
RM
SFED-MU
C-3
CC
C-2
RM-2
GTWY-MU
RO
RO
C-2
NBHD-RES*
NBHD-MU
RM-2
NBHD-MU
I-G
C-3
NBHD-RES*
NBHD-RES
NBHD-RES*
PMUD PMUD-SL
C-2PMUD
PMUD
C-4
PMUD-SL
Esri Community Maps Contributors, FDEP, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, USFWS,
State of Florida, Maxar, Microsoft
µZoning Map for the RAC
RAC - Regional Activity Center
GTWY-MU
SFED-MU
RO
NBHD-RES
PMUD
PMUD-SL
OS
C-1
NBHD-MU
25DU/AC,RM-2
10DU/AC,RM
NBHD-RES*
IROM
IRO
I-G
C-3
EDBB-MU
C-2
CC
IROM
MA
7/10/2024 8:21 AM
CATEGORY ZONE
TRANSIT,GTWY-MU
SOUTH FEDERAL MIXED USE,SFED-MU
RESIDENTIAL OFFICE,RO
RESIDENTIAL,NBHD-RES
PLANNED MU DEVELOPMENT,PMUD
PLANNED MIXED-USE DEV. - SMALL,PMUD-SL
OPEN SPACE,OS
NGHBRHD OFFICE & BANKING,C-1
NEIGHBORHOOD MIXED USE,NBHD-MU
MULTI FAMILY 25DU/AC,RM-2
MULTI FAMILY 10DU/AC,RM
MARINE,MA
M-F - Prev RM & 1-2-3 ZONE,NBHD-RES*
INDUSTRIAL-RSRCH-OFFICE-MARINE,IROM
INDUSTRIAL-RESEARCH-OFFICE,IRO
INDUSTRIAL,I-G
GENERAL BUSINESS,C-3
EAST DANIA BCH BLVD MIXED USE,EDBB-MU
COMMUNITY BUSINESS - C-2
COMMERCIAL - (DEED RESTR),C-4(DR)
CITY CENTER, CC
C-4 (DR)
E-31
From Date: 10/1/2010 - To Date: 1/31/2025
Revenue Ledger Summary Listing
CITY OF DANIA BEACH
G/L Date Journal
Journal
Type
Sub
Ledger Description/Project Source Reference Budget Actual
G/L Account Number: 113-00-00-324-31-01 Impact Fees Transportation Residential Fiscal Year To Date:$0.00 $0.00
Month Total:September 2015 $0.00 $956.70
Month Total:February 2016 $0.00 $1,126.87
Month Total:June 2016 $0.00 $1,870.88
Month Total:November 2016 $0.00 $17,114.30
Month Total:December 2016 $0.00 $659.06
Month Total:March 2017 $0.00 $276.38
Month Total:April 2017 $0.00 $26,001.00
Month Total:July 2017 $0.00 $11,226.56
Month Total:February 2018 $0.00 $999.22
Month Total:June 2018 $0.00 $3,805.54
Month Total:July 2018 $0.00 $1,722.06
Month Total:October 2018 $0.00 $595.28
Month Total:November 2018 $0.00 $2,189.78
Month Total:January 2020 $0.00 $829.14
Month Total:May 2020 $0.00 $206.86
Month Total:November 2020 $0.00 $2,636.24
Month Total:April 2021 $0.00 $8,971.72
Month Total:May 2021 $0.00 $2,507.50
Month Total:July 2021 $0.00 $552.76
Month Total:October 2021 $0.00 $1,466.94
Month Total:December 2021 $0.00 $11,693.00
Month Total:February 2022 $0.00 $21.26
Month Total:March 2022 $0.00 $42.52
Month Total:May 2022 $0.00 $21.26
Month Total:June 2022 $0.00 $765.36
Month Total:July 2022 $0.00 $807.88
Month Total:February 2023 $0.00 $829.14
Month Total:September 2023 $0.00 $361.42
Month Total:November 2023 $0.00 $1,594.50
Tuesday, January 21, 2025Pages 1 of 2user: Yeimy Guzman
E-32
From Date: 10/1/2010 - To Date: 1/31/2025
Revenue Ledger Summary Listing
CITY OF DANIA BEACH
G/L Date Journal
Journal
Type
Sub
Ledger Description/Project Source Reference Budget Actual
G/L Account Number: 113-00-00-324-31-01 Impact Fees Transportation Residential Fiscal Year To Date:$0.00 $0.00
Month Total:December 2023 $0.00 $318.90
Month Total:August 2024 $0.00 $5,378.78
Account Total:Impact Fees Transportation Residential $0.00 $107,548.81
Division Total:Non-Dep.$0.00 $107,548.81
Department Total:Revenues $0.00 $107,548.81
Fund Total:RAC Traffic Mitigation Fund $0.00 $107,548.81
Grand Total:$0.00 $107,548.81
Tuesday, January 21, 2025Pages 2 of 2user: Yeimy Guzman
E-33
E-34
E-35
E-36
E-37
E-38
E-39
E-40
E-41
E-42
E-43
E-44
E-45
E-46
E-47
E-48
E-49
E-50
E-51
E-52
E-53
E-54
E-55
E-56
E-57
E-58
E-59
E-60
E-61
E-62
E-63
E-64
E-65
E-66
E-67
E-68
E-69
E-70
City of Dania Beach
Community Development Memorandum
DATE: 6/24/2025
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager
Eleanor Norena, CFM, Director
Corinne Lajoie, AICP, Deputy Director
SUBJECT: OT-016-25: The applicant, the South Broward Hospital District, is requesting a
licensing agreement to utilize parking in the municipal parking garage.
Request:
To request a license agreement approval for utilization of the municipal parking garage.
Background:
The recently constructed Soleste development at the northeast corner of North Federal Highway
and East Dania Beach Boulevard has secured Memorial Health Care Services as a tenant on the
ground floor. The tenant is requesting employee parking in the municipal parking garage located
south of City Hall,
This agenda item includes a resolution and license agreement prepared by the City Attorney’s
Office that would enable the tenant, South Broward Hospital District, to use twenty (20) parking
spaces in the municipal parking garage on Monday through Friday, from 8:00AM to 5:00PM for
employees only.
The rental rate is $125.00 per space per month. This amount reflects the proportionate share of
annual operation and capital costs, as well as estimated capital and operational reserves for each
space in the garage.
Budgetary Impact
The revenues collected by this agreement will raise $30,000.00 annually.
Recommendation
Staff is recommending approval of the attached Resolution and license agreement.
RESOLUTION NO. 2025-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING A LICENSE AGREEMENT WITH
SOUTH BROWARD HOSPITAL DISTRICT TO USE PARKING SPACES
LOCATED IN THE CITY PARKING GARAGE UPON PAYMENT OF
APPLICABLE FEES; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1.That the City Commission authorizes the proper City officials to execute a
License Agreement with South Broward Hospital District which will allow use of twenty (20)
parking spaces located in the City Parking Garage adjacent to City Hall. The cost to the parties
to use these spaces will be a base use fee of One Hundred Twenty-Five Dollars ($125.00) per
space per month. A copy of the License Agreement is attached as Exhibit “A”, and it is made a
part of and is incorporated into this Resolution by this reference.
Section 2.That the City Manager and City Attorney are authorized to make revisions
to such Agreement as are deemed necessary and proper in the best interests of the City, including
but not limited to the number of spaces and the base use fee amount.
Section 3.That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4.That this Resolution shall take effect ten (10) days after passage and
adoption.
PASSED AND ADOPTED on __________________, 2025.
Motion by __________________________, second by ___________________________.
FINAL VOTE ON ADOPTION: Unanimous ____
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
RESOLUTION #2025-______2
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
1
PARKING LICENSE AGREEMENT
THIS PARKING LICENSE AGREEMENT (this “Agreement”) is entered into as of the day
of , 2025, by and between the CITY OF DANIA BEACH, a Florida municipal corporation, having
an address at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 (“City or “Licensor”) and
SOUTH BROWARD HOSPITAL DISTRICT (“Licensee”), 3111 Stirling Road, Hollywood, Florida
33312.
RECITALS:
A.Licensor the owner of a municipal parking garage with a street address of 49 Park
Avenue East, Dania Beach, Florida (“Garage”), located on the real property legally described in
Exhibit A attached hereto and made a part hereof (the “Garage Property”).
B.Licensee has requested that Licensor grant to Licensee the right to use 20 parking spaces
within Licensor’s parking garage.
C. Licensor has excess parking available in the Garage, and Licensor is willing to do so on
the terms herein set forth.
NOW, THEREFORE, for and in consideration of the sum of $10.00 and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and of the mutual
covenants and agreements herein contained, the parties hereto, intending to be legally bound, agree as
follows:
1.Parking Spaces. Subject to all of the terms and conditions of this Agreement, including
those set forth herein below, Licensee shall have a right and license to use 20 parking spaces (the
“Parking Spaces”) in the Garage, subject to the following terms and conditions:
a.The Parking Spaces available for Licensee’s use will be located within the Garage.
b.The Parking Spaces shall be used by Licensee on a non-exclusive basis Monday
through Friday, 8AM-5PM in the common with Licensor and other parties to whom the right to use
parking spaces in the Garage has been or is hereafter granted. Neither Licensee nor Licensee’s
employees shall park in any parking spaces that are marked reserved or otherwise designated for the
exclusive use of Licensor or third parties.
c.Licensee’s right to use the Parking Spaces shall terminate upon the expiration or
earlier termination or cancellation of the Agreement as provided in paragraph 2 below.
d.This Agreement and the lease of the Parking Spaces is personal to the Licensee named
herein and may not be assigned to any other party without the prior written consent of Licensor.
e.Licensor reserves the right at all times to determine the nature and extent of all
common areas and shall have exclusive control and management thereof. Licensor shall have the right
to close all or a portion of the common areas to discourage non-customer parking, to prevent a
dedication thereof to public use or otherwise to prevent the acquisition of public rights in such areas.
Licensor reserves the right to use or permit the use of the common areas for any purpose which, in
Licensor’s sole opinion, may be in the best interest of the City.
2
f.If requested by Licensor, Licensee shall furnish to Licensor or its designated agent the
state automobile license numbers assigned to Licensee’s vehicles and those of its employees who will
use Parking Spaces. Following at least one (1) prior written notice of violation, Licensor or Licensor’s
designated agent shall have the right to bill Licensee a fee of Twenty-Five Dollars ($25.00) per day per
vehicle parked in violation of this provision.
2.Term. The term of this Agreement (the “Term”) shall commence upon the full execution
and delivery of this Agreement by both parties and shall continue for twelve (12) months. After the Initial Term,
this Agreement shall be deemed renewed automatically each year for an additional one-year period (an
“Automatic Renewal Term”), until terminated by either party upon thirty (30) days’ prior written notice to the
other party. Notwithstanding the foregoing or any provision herein to the contrary, Licensor, at its sole
discretion and upon ten (10) business days prior notice to Licensee, may decrease the number of Parking
Spaces provided to Licensee; provided, however, if Licensor elects to decrease the number of Parking
Spaces provided to Licensee, then Licensee shall have the right to immediately terminate the Agreement
upon notice to Licensor.
3.Consideration. As consideration for Licensee’s use of the Parking Spaces, Licensee shall
pay to Licensor a fee (the “Fee”) in the amount of $125.00 per Parking Space, per month, for a total of
$2,500.00 per month for all twenty (20) Parking Spaces. The Fee shall be due and payable on the first
day of each month during the Term and shall be payable without prior demand or notice therefore, and
without any deduction, recoupment, set off or counterclaim. Additionally, Licensee is solely responsible
for the payment of any and all applicable taxes or assessments of any kind imposed by any governmental
authority having jurisdiction over all or any part of the Building and measured by or with respect to the
Fee (other than federal or state income tax) payable by Licensee pursuant to the terms of this
Agreement, including, without limitation, any applicable State of Florida sales tax.
4. Default. If Licensee shall fail to timely pay the Fee when due, or shall otherwise fail to
observe or perform any other terms or condition of this Agreement (and such failure shall remain
uncured for ten (10) business days after written notice from Licensor to Licensee), Licensor shall have
the right to terminate this Agreement, and/or pursue any other rights or remedies available at law or in
equity.
5. Insurance.
5.1 Required Coverage. Beginning on the Commencement Date, and throughout the Term, Licensee
shall maintain Commercial General Liability Insurance naming the City as an Additional Insured, written
on a carrier licensed to do business in Florida with an AM Best rating of A- or better. Coverage must
include, at a minimum: (i) Premises Operations, (ii) Products and Completed Operations, (iii) Blanket
Contractual Liability, (iv) Personal Injury Liability, and (v) Expanded Definition of Property Damage. The
minimum limits acceptable are $1,000,000 Per Occurrence, $2,000,000 Per Location Aggregate. The use
of an excess/umbrella liability policy to achieve the limits required by this paragraph will be acceptable as
long as the terms and conditions of the excess/umbrella policy are no less restrictive than the underlying
Commercial General Liability policy.
5.2 Adequacy of Insurance Coverage. City has the right to periodically review the adequacy of the
insurance coverage required by this Agreement. The City may request a change in the insurance coverage
if the requested change is reasonable, customary, and commonly available.
5.3 Evidence of Insurance. Licensee must provide satisfactory evidence of the required insurance
to the City. Satisfactory evidence of insurance is either: (i) a certificate of insurance; or (ii) a certified copy
of the actual insurance policy
5.4 Cancellations and Renewals. All insurance policies must specify that they are not subject to
cancellation or non-renewal without a minimum of 45 days notification to the Licensee; and a minimum of
3
10 days notification for non-payment of premium. Licensee will provide the City a minimum of 30 days
written notice if any policies are cancelled or non-renewed, and 10 days written notice for non-payment of
premium.
6.Indemnification. Licensee agrees to and shall release, indemnify, defend and hold harmless the City,
and their respective agents, employees, consultants, officers, directors, owners, appointed and elected
officials and representatives, from any and all liability, claims, damages, expenses, actions, and costs of
actions (including attorney’s fees and costs, and attorneys’ fees and costs on appeal), of any kind and nature
arising or growing out of or in any way connected with Licensee’s negligence, willful misconduct or default
under this Agreement or connected with the use, occupancy of the Garage, the and the parking spaces.
7. Liability. City shall not be liable for any loss or damage to the property of Licensee or the property
of the patrons, invitees, and customers, and employees of Licensee, whose vehicles are parked in Parking
Spaces under this Agreement.
Notwithstanding anything herein to the contrary, under no circumstances shall Licensor be liable to
Licensee (or any person or entity claiming under or through Licensee) under any contract, negligence, strict
liability, or other legal or equitable theory for any amounts in excess of those limits per claim and per
occurrence set for tort liability in Section 768.28 of the Florida Statutes which limits are hereby made
applicable to all manner of claims against the Licensor related to this Agreement and are not confined to tort
liability. Nothing herein shall be construed as a waiver of Licensee's sovereign immunity under section
768.28, Florida Statutes.
8. Notices. All notices of any kind, whether required, anticipated, or convenient, related to this
Agreement, shall be in writing, and shall be deemed sufficiently made or given when delivered personally,
or by courier service or, if mailed, by certified mail, postage prepaid, return receipt requested, addressed as
follows, or as may be requested by either party hereto from time to time by like notice given to the other
party:
To Licensor:City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Attn: Ana M. Garcia, ICMA-CM, City Manager
With copies to:
City Attorney
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Attn: Eve A. Boutsis
To Licensee: South Broward Hospital District
3111 Stirling Road
Hollywood, Florida 33312
4
9. Payment: Payments due from Licensee under this Agreement shall be payable to the
City, at the following address:
Dania Beach Finance Department
City Hall
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
10. Governing Law and Venue. This Agreement shall be governed by and construed under
the laws of the State of Florida. The exclusive venue for any lawsuit arising from, related to, or in
connection with this Agreement shall be in the state courts of the Seventeenth Judicial Circuit in and for
Broward County, Florida.
11. License. This Agreement constitutes a license and does not rise to the level of a real
property interest in the Garage, and the Parking Spaces.
12. No Assignment or Sub-Lease. Licensee shall not assign, transfer, sub-lease or otherwise
hypothecate, pledge, or encumber this Agreement or Licensee’s rights under this Agreement, nor shall
Licensee permit or suffer any person or entity other than its employees, guests and invitees to use or occupy
all or any part of the parking spaces without City’s prior written consent, which consent may be withheld in
City’s sole discretion.
13. Entire Agreement: Amendments. This Agreement comprises the entire agreement and
understanding of the parties, and all prior negotiations, correspondence, proposals, verbal understandings
and other prior documents are superseded and hereby merged into this Agreement, which shall not be
amended or modified except by a formal written instrument executed by the parties hereto.
14. WAIVER OF JURY TRIAL. LICENSOR AND LICENSEE HEREBY WAIVE THE
RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM
BROUGHT BY ANY OF THE PARTIES HERETO AGAINST ANY OTHER WITH RESPECT
TO ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THIS AGREEMENT, THE RELATIONSHIP OF THE PARTIES HERETO,
LICENSEE’S USE OF THE PARKING SPACES, AND/OR ANY CLAIM OF INJURY OR
DAMAGE.
SIGNATURES ON THE FOLLOWING PAGES
5
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year
first written above.
CITY:
CITY OF DANIA BEACH, FLORIDA, a Florida
municipal corporation
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED FOR FORM AND
CORRECTNESS: ANA M. GARCIA
CITY MANAGER
EVE A. BOUTSIS
CITY ATTORNEY
6
LICENSEE:
Witnesses: South Broward Hospital District
Signature Signature
PRINT Name PRINT Name
Signature Title
PRINT Name
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐
online notarization, on ______ , 2025, by ________________________, as _______________ of
South Broward Hospital District. He/She is personally known to me or has produced
____________ as identification.
NOTARY PUBLIC
My Commission Expires: State of Florida
City of Dania Beach
Finance Memorandum
DATE: 6/24/2025
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Darryl McFarlane, IT Division Director
SUBJECT: Approval of Cybersecurity Grant Agreement with the State of Florida Department
of Management Services
Request:
The Information Technology Division requests approval of a Cybersecurity Grant Agreement
with the State of Florida Department of Management Services.
Background:
The Florida Local Government Cybersecurity Grant is a program that offers local government
agencies and municipalities the opportunity to receive services to improve their cybersecurity
posture and resiliency. This benefits everyone by equipping local governments with software,
services, and solutions to protect infrastructure and Floridians’ data.
This is the third year of the program, which has proved to be extremely valuable by providing
key services and information.
Budgetary Impact
Recommendation
Approve the Cybersecurity Grant Agreement with the State of Florida Department of
Management Services.
RESOLUTION NO. 2025-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING A GRANT AGREEMENT WITH THE
FLORIDA DEPARTMENT OF MANAGEMENT SERVICES (DMS) UNDER
THE LOCAL GOVERNMENT CYBERSECURITY PROGRAM; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State of Florida has allocated $30 million for the Florida Local
Government Cybersecurity Grant Program to provide technical assistance to local governments,
improving their cybersecurity posture and resiliency; and
WHEREAS, the City has been awarded a grant through the program, and the initial grant
period and funding is for 12 months and agreements will be renewed for subsequent years, if
funding is provided by the State; and
WHEREAS, the grant will not provide funding to the City, but instead allows the City to
subscribe to assistance and capabilities offered through the program; and
WHEREAS, the City Administration recommends that the City Commission approve and
authorize execution of the grant agreement and participation in the Local Government
Cybersecurity Grant Program.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1.That the above “Whereas” clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2.That the City Commission authorizes the appropriate City officials to
execute the grant agreement, which agreement is confidential and exempt from section 119.07(1),
F.S. and section 286.011, F.S. and therefore, not attached to this Resolution.
Section 3.That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4.That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on __________________, 2025.
Motion by __________________________, second by ___________________________.
2 RESOLUTION #2025-______
FINAL VOTE ON ADOPTION: Unanimous ____
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
City of Dania Beach
Public Services Memorandum
DATE: 6/24/2025
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Fernando J. Rodriguez, Public Services Director
Sean Schutten, Deputy Public Services Director/City Engineer
SUBJECT: AUTHORIZATION TO AWARD ITB NO. 25-013 “CALIBRATIONS AND
REPAIRS OF FLOW METERS AND RELATED DEVICES)”
Request:
The Public Services Department (PSD) requests the adoption of the attached resolution
authorizing the award of the Invitation to Bid (ITB) No. 25-013 “calibrations and repairs of flow
meters and related devices to U.S. Water Corporation DBA Rocha Controls.
Background:
The water treatment plant and water distribution departments have various electrical controls and
components that are relied upon to keep daily operation running smoothly. Services performed to
these include flow meter calibrations, repairs for electronic controls for gravity filters, wiring
high service pumps, lime softening feed systems, lift station panels and more. All these functions
are crucial components to ensure operations for both the water plant and distribution lift stations
avoid any problems.
The ITB 25-013 “calibrations and repairs of flow meters and related devices” was advertised in
Demand-Star. Bids were opened publicly on May 20th, 2025, with two responses received. The
Bid Committee, consisting of the
On May 20, 2025, the City received two (2) responses to ITB 25-013:
U.S. Water Services Corporation DBA Rocha Controls.
Regular hours cost = $165.00 per hour
After hours cost = $245.00 per hour
Regular hours cost for second technician = $165.00 per hour
After hours cost for second technician = $245.00 per hour
Parts markup cost = $1.20 (20%)
Universal Controls Instrument Services.
Regular hours cost = $115.00 per hour
After hours cost = $130.00 per hour
Regular hours cost for second technician = $115.00 per hour
After hours cost for second technician = $130.00 per hour
Parts markup cost = $1.15 (15%)
After review of the submitted bids, the Bid Committee consisting of Sean Schutten (Deputy
Public Services Director), Nate Costa (Water Plant Manager), and Darren Greene (Water
Distribution Manager) agreed that the selection of U.S. Water Services Corporation DBA Rocha
Controls was better qualified for the city’s needs.
Budgetary Impact
Funding will be appropriated from the Water Fund/Repair and Maintenance Services Equipment
Account Numbers 401-33-03-533-46-10 in the amount of $50,000.00 and 402-35-02-535-46-70
in the amount of $25,000.00 for a total combined amount of Seventy-Five Thousand Dollars
($75,000.00).
Recommendation
PSD recommends the City Commission to adopt a resolution to award the ITB 25-013 to U.S.
Water Services Corporation DBA Rocha Controls in the amount of $75,000.00
RESOLUTION NO. 2025-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE AWARDING FOR THE INVITATION
TO BID (ITB) NO. 25-013 TO U.S. WATER SERVICES CORPORATION D/B/A
ROCHA CONTROLS FOR CALIBRATIONS AND REPAIRS OF FLOW METERS
AND RELATED DEVICES; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the water treatment plant and water distribution departments have various
electrical controls and components that are relied upon to keep daily operation running
smoothly. Services performed to these include flow meter calibrations, repairs for electronic
controls for gravity filters, wiring high service pumps, lime softening feed systems, lift station
panels and more. All these functions are crucial components to ensure operations for both the
water plant and distribution lift stations avoid any problems; and
WHEREAS, the City Commission of the City of Dania Beach approved Resolution
2021-003, authorizing the Public Services Department (PSD) to issue ITB No. 25-013 for the
“Calibrations and Repairs of Flow Meters and Related Devices”; and
WHEREAS, on May 20th, 2025, the City received two (2) responses to ITB No. 25-013
“Calibrations and Repairs of Flow Meters and Related Devices”, shown below:
1) U.S. Water Services Corporation DBA Rocha Controls.
Regular hours cost = $165.00 per hour
After hours cost = $245.00 per hour
Regular hours cost for second technician = $165.00 per hour
After hours cost for second technician = $245.00 per hour
Parts markup cost = $1.20 (20%)
2) Universal Controls Instrument Services.
Regular hours cost = $115.00 per hour
After hours cost = $130.00 per hour
Regular hours cost for second technician = $115.00 per hour
After hours cost for second technician = $130.00 per hour
Parts markup cost = $1.15 (15%)
2 RESOLUTION #2025-______
WHEREAS, after review of the submitted bids, the Bid Committee consisting of Sean
Schutten (Deputy Public Services Director), Nate Costa (Water Plant Manager), and Darren
Greene (Water Distribution Manager) agreed that the selection of U.S. Water Services
Corporation DBA Rocha Controls was better qualified for the City’s needs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DANIA BEACH, FLORIDA:
Section 1.That the above “Whereas” clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2.That the City Commission authorizes the proper City officials to execute
a contract with U.S. Water Services Corporation DBA Rocha Controls for “Calibrations and
Repairs of Flow Meters and Related Devices.
Section 3.That funding will be appropriated from the Water Fund/Repair and
Maintenance Services Equipment Account Number 401-33-03-533-46-10 and 402-35-02-535-
46-70 for a total combined amount of Seventy-Five Thousand Dollars ($75,000.00).
Section 4.That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5.That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED on __________________, 2025.
Motion by __________________________, second by ___________________________.
FINAL VOTE ON ADOPTION: Unanimous ____
Yes No
Commissioner Archibald J. Ryan IV ____ ____
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
SIGNATURES ON THE FOLLOWING PAGE
3 RESOLUTION #2025-______
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
City of Dania Beach
Parks & Recreation Memorandum
DATE: 6/24/2025
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Cassi Waren, CPRP, Director of Parks and Recreation
SUBJECT: Authorization to rank and negotiate the contract for the Construction Manager at
Risk Services RFQ No. 25-011 for Construction Management of PJ Meli Aquatic
Complex, 2901 SW 52nd St.
Request:
The Parks and Recreation Department is requesting the adoption of a resolution authorizing the
approval rank of the consultants and contract negotiations for the Construction Management at
Risk Services for RFQ 25-011 for construction management of the new construction at PJ Meli
Aquatic Complex, 2901 SW 52nd St.
Background:
The City of Dania Beach adopted the Parks Master Plan in 2019. This Parks Master Plan
includes the new construction of CW Thomas Park, PJ Meli Aquatic Complex, Chester Byrd
Park and Frost Park.
On May 18, 2021, during the Parks Master Plan Workshop, the City Commission approved the
funding needed for the adopted Parks Master Plan in 2019. The first project of the Parks Master
Plan was the new construction of CW Thomas Park, which is underway and scheduled to be
completed in January 2026. The next project is the new construction of the PJ Meli Aquatic
Complex, which is currently in the design phase of the project.
The next step in the PJ Meli Aquatic Complex project is to hire a Construction Manager at Risk
for the pre-construction services of the project, which will then lead to the new construction of
the project. On March 18, 2025, the City issued Request for Qualifications (RFQ) 25-011 for
Construction Manager at Risk Services for the new construction of PJ Meli Aquatic Complex.
The RFQ closed on April 11, 2025.
The Evaluation Committee, consisting of the Director of Parks and Recreation, the Deputy
Director of Parks and Recreation and the City of Margate’s Director of Parks and Recreation,
met on May 19, 2025, to review and evaluate the six (6) proposals received and held interviews
with the two top firms on June 4, 2025. The Evaluation Committee ranked the top three (3) firms
based on their qualifications as follows:
1. Burkhardt Construction, Inc. 284 points
2. Pirtle Construction Company 282 points
3. A2 Group, Inc. 262 points
Budgetary Impact
After the City Commission approves the ranking of the construction firms, the Evaluation
Committee will negotiate a contract price for pre-construction services with the highest-ranked
construction firm. The Committee will then bring back an agenda item to the City Commission
seeking approval of the contract with that firm. The Guaranteed Maximum Price will be
negotiated and brought before commission for approval once the design has been completed and
approved by the DRC and funding has been allocated.
Recommendation
It is recommended that the City Commission adopt the resolution authorizing the approval rank
of the consultants and contract negotiations for the Construction Management at Risk Services
for RFQ 25-011 for construction management of the new construction at PJ Meli Aquatic
Complex, 2901 SW 52nd St.
RESOLUTION NO. 2025-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE CITY COMMISSION TO RANK
THE THREE FIRMS THAT RESPONDED TO THE CITY’S REQUEST FOR
QUALIFICATIONS (“RFQ”) NO. 25-011, ENTITLED “CONSTRUCTION
MANAGER AT RISK SERVICES”, FOR CONSTRUCTION MANAGEMENT
SERVICES RELATED TO NEW CONSTRUCTION AT P.J. MELI AQUATIC
COMPLEX, AND TO AUTHORIZE CONTRACT NEGOTIATIONS TO BEGIN
WITH THE TOP-RANKED CONSULTANT; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission approved funding for the Parks Master Plan projects
on May 18, 2021 during the Parks Master Plan Workshop; and
WHEREAS, the City issued a Request for Qualifications under RFQ No. 25-011 on March
18, 2025 to contract with a qualified construction firm for Construction Management at Risk
Services for construction at PJ Meli Aquatic complex; and
WHEREAS, an Evaluation Committee consisting of the City’s Director of Parks and
Recreation, the Deputy Director of Parks and Recreation and the City of Margate’s Director of
Parks and Recreation met on May 19, 2025, to review and evaluate six (6) submittals; and
WHEREAS, the Evaluation Committee held committee interviews with the top two (2)
firms on June 4, 2025; and
WHEREAS, following the interviews the Evaluation Committee selected the three (3)
highest ranked design firms based on their qualifications as follows:
1. Burkhardt Construction, Inc. 284 points
2. Pirtle Construction Company 282 points
3. A2 Group, Inc. 262 points
WHEREAS, after an extensive evaluation process which included a review of each firm’s
experience, area of expertise, minority and women certification, and recent/current project
workloads, the Evaluation Committee ranked the top three (3) firms and recommends the highest
ranked firm, Burkhardt Construction, Inc. for RFQ 25-011 be selected for contract negotiations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1.That the above “Whereas” clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
2 RESOLUTION #2025-_____
Section 2.That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 3.That the proper City officials are authorized to commence contract
negotiations with Burkhardt Construction, and the ranking of the respondent is approve for the
Project.
Section 4.That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5.That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED on __________________, 2025.
Motion by __________________________, second by ___________________________.
FINAL VOTE ON ADOPTION: Unanimous ____
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
Firm Qualifications
Staff Qualifications,
Experience
Approach & Delivery of
Services
Certified
MBE Total
A2 Group, Inc 30 20 22 5 77
Burkhardt Construction, Inc.40 29 25 0 94
D Stephenson Construction, Inc.32 25 23 5 85
Gulf Building LLC 35 23 22 0 80
Persons Services Corp.31 20 22 0 73
Pirtle Construction Company 36 25 22 5 88
Firm Qualifications
Staff Qualifications,
Experience
Approach & Delivery of
Services
Certified
MBE Total
A2 Group, Inc 34 25 23 5 87
Burkhardt Construction, Inc.40 30 25 0 95
D Stephenson Construction, Inc.35 27 23 5 90
Gulf Building LLC 38 28 23 0 89
Persons Services Corp.33 25 22 0 80
Pirtle Construction Company 37 28 24 5 94
Firm Qualifications
Staff Qualifications,
Experience
Approach & Delivery of
Services
Certified
MBE Total
A2 Group, Inc 39 30 24 5 98
Burkhardt Construction, Inc.40 30 25 0 95
D Stephenson Construction, Inc.34 24 22 5 85
Gulf Building LLC 39 29 24 0 92
Persons Services Corp.35 25 20 0 80
Pirtle Construction Company 40 30 25 5 100
Mike Jones
Anthony Ifedi
Cassi Waren
RFQ 25-011 Construction Manager at Risk Services for PJ Meli Aquatic Complex (Final Rankings)
Firm Final Score Rank
A2 Group, Inc 262 3
Burkhardt Construction, Inc.284 1
D Stephenson Construction, Inc.260 5
Gulf Building LLC 261 4
Persons Services Corp.233 6
Pirtle Construction Company 282 2
City of Dania Beach
Community Development Memorandum
DATE: 6/24/2025
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager
Eleanor Norena, CFM, Director
Corinne Lajoie, AICP, Deputy Director
SUBJECT: TX-010-25: The applicant, the City of Dania Beach, is requesting a text
amendment to the City’s Land Development Code (LDC) to change the parking
requirement for hotel use located within the Regional Activity Center (RAC)
FIRST READING.
Request:
TEXT AMENDMENT
Amending Section 265-50, entitled “Off-street parking required; on-street parking credit” to
eliminate parking requirements for hotel use located in the RAC.
Background:
BACKGROUND
On September 14, 2010, the City Commission approved the City’s new Land Development Code
(LDC) referred to as OneCode. As staff continues to use the new regulations, scrivener’s errors,
inaccuracies and vague, imprecise or ambiguous language continues to emerge, some of which
staff is proposing to address at this time. In addition, over time any set of regulations becomes
antiquated unless periodically updated.
TEXT AMENDMENT
A recent planning trend that has emerged in the field of Urban Planning is the elimination of
parking requirements. While this may seem dramatic, the Planning staff in the Community
Development Department are proposing a targeted elimination of parking requirements; only for
hotel use and only located in three (3) of the six (6) form-based zoning districts within the
Regional Activity Center (RAC):
• City Center (CC)
• East Dania Beach Boulevard Mixed-Use (EDBB-MU)
• Gateway Mixed-Use (GTWY-MU)
The City of Dania Beach is uniquely located adjacent to the Fort Lauderdale-Hollywood
Internation Airport and Port Everglades seaport. Current trends have shown that visitors to our
City rely on ride-share services and not a private automobile, thereby reducing the need to
provide excessive parking.
While the elimination of a parking requirement in the City’s LDC will remove the minimum
number of parking spaces required for hotel use, it does not prohibit a hotel from providing
parking if they desire to do so.
Staff has observed that the City’s LDC appears to require far more parking than is utilized after
built. This has been observed at the Modello and Tru Hotels. Both of these hotels are located in
the City Center zoning district.
This application requires two (2) public hearings by the City Commission.
Budgetary Impact
None.
Recommendation
Planning and Zoning Board Recommendation
On May 21, 2025, the Planning and Zoning Board heard this item. The Board’s recommendation
will be presented at the City Commission meeting.
Staff Recommendation
Staff recommends the City Commission approved the text amendment on first reading.
ORDINANCE NO. 2025-_____
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 28, ENTITLED “LAND
DEVELOPMENT CODE”, AT PART 2, ENTITLED “SITE DEVELOPMENT
REGULATIONS”, ARTICLE 265 ENTITLED “OFF STREET PARKING
REQUIREMENTS AT SECTION 265-50 ENTITLED “OFF-STREET PARKING
REQUIRED; ON-STREET PARKING CREDIT” IN ORDER TO REDUCE THE
REQUIRED PARKING FOR HOTELS IN THE CRA FORM-BASED ZONING
DISTRICT; PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; CODIFICATION; AND
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City desires to amend the City’s Land Development Code, Chapter 28,
at Part 2, entitled “site Development Regulations”, Part 2, entitled “Site Development
Regulations”, Article 265, entitled “Off-Street Parking Requirements” in order to reduce the
required parking for hotels in the CRA Form-Based Zoning Districts; and
WHEREAS, Dania Beach is located next to the Ft. Lauderdale/Hollywood Airport (which
airport is jurisdictionally located within Dania Beach) and the Ft. Lauderdale Port, and travelers
have not been using rental cars when staying at Dania Beach hotels; and
WHEREAS, a planning analysis appears to support such reduction in required parking as
it relates to restaurants, other large gathering spaces, lounges, restaurants, and shops; and
WHEREAS, the City Commission finds that the ordinance amendment is reasonably
related to the health, safety, and general welfare of the residents of the City, and furthers the
purpose, goals, objectives and policies of the City of Dania Beach Comprehensive Plan
(“Comprehensive Plan”).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1.That the above “WHEREAS” clauses are ratified and confirmed as being
true and correct, and they are made a part of and incorporated into this Ordinance by this reference.
Section 2.That Chapter 28, entitled “Land Development Code”, Part 2, entitled “Site
Development Regulations”, Article 265, entitled “Off-Street Parking Requirements” in order to
reduce the required parking for hotels in the CRA Form-Based Zoning Districts is amended as
follows:
2 ORDINANCE #2025-______
Sec. 265-50. Off-street parking required; on-street parking credit.
* * *
(D)[Abbreviations.] Abbreviations used in the off-street parking requirement table.
CSA = Customer service area
Pkg = Parking
Requ. = Requirement, required
I/B = Inbound
O/B = Outbound
SCHEDULE OF MINIMUM OFF-STREET PARKING REQUIREMENTS
Minimum Off-Street Parking Requirement
Use All Other Districts CRA Form-Based
Districts
(A) Residential and Lodging
***
3 Hotels and Motels One (1) per guest
room
Plus ten (10) spaces
per one thousand
(1,000) sf of floor
area devoted to
ballrooms, meeting
rooms, restaurants,
lounges, shops and
other accessory uses
Eight-tenths (0.8) per
guest room plus five
(5) spaces per one
thousand (1,000) sf
of floor area for
ballrooms,
restaurants, lounges
and shops; one fourth
(0.25) per seat for
banquet/meeting
rooms.
In CC, EDBB-MU
and GTWY-MU
districts
Zero (0) parking
required.
* * *
Section 3.That all ordinances or part of ordinances in conflict with the provisions of
the Ordinance are repealed.
Section 4.It is the intention of the Mayor and City Commission of the City of Dania
Beach, 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 Dania Beach, Florida. The sections of this ordinance may be
3 ORDINANCE #2025-______
renumbered or re-lettered to accomplish such intention, and the word “ordinance” may be changed
to “section,” “article,” or other appropriate word.
Section 5.That this Ordinance shall be effective 10 days after passage on second
reading.
PASSED on first reading on __________________, 2025.
PASSED AND ADOPTED on second reading on ___________________ 2025.
First Reading:
Motion by: _________________________________
Second by: _________________________________
Second Reading:
Motion by: _________________________________
Second by: _________________________________
FINAL VOTE ON ADOPTION: Unanimous ____
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
City of Dania Beach
Community Development Memorandum
DATE: 6/24/2025
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager
Eleanor Norena, Director
Corinne Lajoie, AICP, Deputy Director.
SUBJECT: TX-039-24: The applicant, the City of Dania Beach, is proposing to amend the
City’s Public Art contribution requirements.
Request:
The Community Development Department (“Department”) is requesting an amendment to the
City’s Public Art contribution that is required for all new development.
Background:
On December 10, 2019, the City Commission established the Public Art Fund via Ordinance No.
2019-025. The required contribution for all new development was set at half of one percent (.5
%) of the total value of construction. Developers have the option of paying the entire
contribution into the City’s Public Art Fund or they can install public art on their site as part of
the development project and then only contribute half of the required amount into City’s Public
Art Fund.
This contribution allows governing agencies to establish a Public Art Fund which is allocated for
the purchase, commissioning, and installation of public art in the City of Dania Beach. Public Art
programs are an effective way for cities and counties to foster access to the arts and increase the
aesthetic value of public buildings and public places.
Department staff along with the City’s Public Art consultant researched several local
municipalities that have active Public Art programs. See listed below:
CITY PUBLIC ART
CONTRIBUTION
Lauderhill 1%
Tamarac 1%
Coral Gables 1%
Palm Beach Gardens 1%
Delray Beach 1.5%
Miami Beach 1.5%
Miami Gardens 1.5%
North Miami 1.5%
Pompano Beach 2%
Fort Worth 2%
St. Petersburg 2%
The Department is requesting to amend the Public Art contribution to more accurately reflect the
industry standard by increasing the Public Art fee to one percent (1%) of the total value of
construction. The Department is also proposing to increase the maximum contribution to Five
Hundred Thousand Dollars ($500,000.00).
The appropriate annual budget for the Public Art Advisory Board activities is Two Hundred and
Thirty Thousand dollars ($230,000.00), to include maintenance expenses of Twenty Thousand
Dollars ($20,000.00) to secure the life expectancy of each art piece in the City’s Public Art
Collection.
Below identifies four (4) public art instillations the City has been able to achieve since the PAAB
inception in June of 2022.
Artist Title Object Name/
Concept
Worktype
Value City Cost Installation
YR
Lloyd Goradesky Let Love Guide
Your Way
outdoor sculpture $357,000.00 $175,000.00
2022
Stephano
Bolongaro
Totor Outdoor
sculpture
$45,000.00 $6,000.00 2023
Ernesto Maranje Looking
forward
mural paintings
(visual works)
$65,000.00 $65,000.00 2024
Cey Adams Lead with Love mural paintings
(visual works)
$60,000.00 $20,000.00 2025
These proposed amendments will ensure a continued funding stream for the Public Art Fund is
maintained, ensuring the health of the fund into the future. The Public Art Fund is an essential
component necessary to enable the implementation of the City’s Public Art Plan which aims to
increase the aesthetic value of public places in our community and fosters more access to the arts
for the entire Dania Beach community.
On September 16, 2024, the Public Art Advisory Board discussed increasing the Public Art fee
to one percent (1%) and unanimously approved the request. This text amendment requires the
Planning & Zoning Board to make a recommendation to the City Commission and two (2)
readings at the City Commission.
Budgetary Impact
Approval of the Text Amendment will ensure the Public Art Fund continues to provide
sustainable funding stream for future public art projects.
Recommendation
The Department recommends the Planning and Zoning Board approve the ordinance on first
reading.
ORDINANCE NO. 2025-______
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING THE CITY’S PUBLIC ART FEE IMPOSED
ON DEVELOPMENTS, BY AMENDING CHAPTER 28, ENTITLED THE
“LAND DEVELOPMENT CODE” AT SECTION 811-50, “APPLICATION
PROCEDURES FOR PLACEMENT OF ART ON PRIVATE PROPERTY,” AND
SECTION 811-70. ENTITLED “BUILDING PERMITS”; PROVIDING FOR
CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission created a Public Art Advisory Board to assist the City
on the use of public art funds and help select artists and art works;
WHEREAS, in 2019, the City Commission adopted the Public Art Process and fees; and
WHEREAS, the fees were set at a half of one percent (.5 percent) for the public art pay
fee based upon total construction costs; and
WHEREAS, the fee for partial public art and partial placement of art on site was set at
one-quarter of one percent (.25%) towards the fund; and an additional of a quarter of one percent
(.25%) toward the on-site artwork based upon total construction costs; and
WHEREAS, the current industry standard is between one and two percent (1% - 2%) for
other public art fee programs in the State of Florida; and
WHEREAS, the Administration recommends increasing the public art fee to one percent
(1%); and the installation of art on private property fee to be a half of a percent (.5%) towards the
fund; and another half of a percent (.5%) towards the public art placement on private property; and
WHEREAS, the maximum payment cap of $250,000 is being increased to $500,000;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1.That Article 811 entitled the “Public Art Program,” is amended as follows:
2 ORDINANCE #2025-______
CHAPTER 28
LAND DEVELOPMENT CODE
PART 8 – TECHNICAL APPENDIX
* * *
ARTICLE 811. PUBLIC ART PROGRAM
* * *
Sec. 811-50. Application procedures for placement of art on private property.
* * *
(F) A payment of 0.25% one-half of one percent (0.5%) towards the city's public art program to
be deposited by the city in the public art fund; and a payment of 0.25% one-half of one percent
(0.5%) , which is to be held in escrow to ensure that the developer complies with the public
art program requirements for placement of public art on private property as required by section
811-70(2). The city manager is authorized to return escrowed funds to the developer if the
developer has complied with all the requirements of section 811-70(A)(2)(iii).
* * *
Sec. 811-70. Building permits.
(A) Prior to issuance of a final building permit, the applicant or developer for projects subject to
this article shall be required to comply with one of the following:
(1)In-lieu public art fee. Pay one-half of one percent (0.5%) (1.0%) of the cost of the
proposed development project, as an "in lieu" public art fee, with a minimum payment
of five thousand dollars ($5,000.00) and a maximum payment of two five hundred fifty
thousand dollars ($250,000.00 $500,000.00); or
(2)Combination of in-lieu public art fee and placement of art on site. Placement of art on
the site of the development project, which shall have a minimum value of one-quarter
half of one percent (0.25%) (0.5%) of the cost of the proposed development project
combined along with a one-quarter half of one percent (0.25%) (0.5%) payment of an
"in-lieu" public art fee. The owner shall provide documentation to the city that the art
fee has been deposited into an escrow account for said purpose prior to the issuance of a
building permit. Prior to placement on the development site, the art must be approved
by the community development director or designee and conform to the adopted public
art guidelines.
* * *
Section 2.That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
3 ORDINANCE #2025-______
Section 3.That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to the extent of such conflict.
Section 4.It is the intention of the Mayor and City Commission of the City of Dania
Beach, 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 Dania Beach, Florida. The sections of this ordinance may be
renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed
to "section," "article," or other appropriate word.
Section 5. That this ordinance be codified in Municode.com.
Section 6.That this Ordinance shall be effective 10 days after passage on second
reading.
PASSED on first reading on __________________, 2025.
PASSED AND ADOPTED on second reading on ___________________ 2025.
First Reading:
Motion by: _________________________________
Second by: _________________________________
Second Reading:
Motion by: _________________________________
Second by: _________________________________
FINAL VOTE ON ADOPTION: Unanimous ____
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
4 ORDINANCE #2025-______
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
City of Dania Beach
City Attorney Memorandum
DATE: 6/24/2025
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Eve A. Boutsis, City Attorney
SUBJECT: Modification to City of Dania Beach Commission Spending Policy and Procedures
Request:
To modify the City’s Commission Spending Policy and Procedures that was amended on June
10,2025, to remove certain financial disclosure requirements.
Background:
On April 22, 2025, the City Commission adopted Resolution No. 2025-060, which amended City
Commission’s Spending Policy and Procedures to provide enhanced transparency on the use of
City funds. Former Commissioner Tamara James issued an email to the Mayor and city
Commission on May 23, 2025, requesting a modification to the newly adopted procedures. A
copy of her email is enclosed as Exhibit A to this memorandum.
Commissioner Ryan requested to initiate the edits, which are as follows:
1. Required Attachments:
o Current organization operating budget reflecting sources and amounts of income
and expenditures for the organization as a whole, not just the program outlined in
the application.
o IRS determination letter indicating the organization’s 501(c)(3) charitable status
(if applicable)
o Certificate of Good Standing from the Secretary of State’s Office.
o Current list of board of directors
o Most recent tax return.
▪ City of Dania Beach business license.
Budgetary Impact
None
Recommendation
This is a policy decision for the City Commission.
RESOLUTION NO. 2025-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING THE CITY COMMISSION SPENDING
POLICY AND PROCEDURE FOR BUDGETED EVENTS OUTSIDE OF
COMMUNITY GRANTS OR DISCRETIONARY FUNDS POLICIES TO
ELIMINATE THE REQUIREMENT FOR REVIEW OF THE TAX RETURNS;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission created a spending policy and procedure for budgeted
events outside of community grant funding or discretionary grant funds; and
WHEREAS, the policy would require application, matching funds, and accountability;
and
WHEREAS, the City Commission seeks to amend the policy to remove the requirement
for review of the organization’s tax returns; and
WHEREAS, the City Commission seeks to amend the Policies to amend the policy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1.That the foregoing “Whereas” clauses are ratified and confirmed to be true
and correct and they are made a part of and are incorporated into this Resolution by this reference.
Section 2.That pursuant to this Resolution, the City Commission amends the City
Commission’s spending policy and procedure for budgeted events outside of community grants
or discretionary funds, which policy and procedure is attached as Exhibit “A”, and is made a part
of and incorporated into this Resolution by this reference.
Section 3.That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4.That this Resolution shall be effective 10 days after passage.
SIGNATURES ON THE FOLLOWING PAGE
2 RESOLUTION #2025-______
PASSED AND ADOPTED on __________________, 2025.
Motion by __________________________, second by ___________________________.
FINAL VOTE ON ADOPTION: Unanimous ____
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
3 RESOLUTION #2025-______
EXHIBIT “A”
CITY OF DANIA BEACH COMMISSION
SPENDING POLICY AND PROCEDURES
(Amended June 24, 2025)
Introduction
As stewards of public funds, the City recognizes that the community deserves to know that
sponsorship funds are going to recipients with the capacity and integrity to provide quality
community services, programs and events. Members of the City Commission are authorized to
expend funds to meet local needs and fill gaps in City services.
Policy
This policy only applies to funding or in-kind services allocated by the Mayor and Commission to
be expended by the Mayor and Commission in fiscal years when sponsorship funding is explicitly
adopted in the annual operating budget. This policy shall apply when City Commission members
act in their official capacity as members of the Commission or proposed for the annual budget of
the City.
Cap
A recommended cap of funding for this spending policy for all uses is a total of $200,000.
Purpose
The City hereby expressly acknowledges its responsibility to wisely administer limited public
resources and to expend them only when there is a substantial benefit to the City and its residents.
To conserve City resources and keep expenses within community standards for public officials,
expenditures shall adhere to the rules and guidelines set forth in this policy. Allocated funds are
only for a public purpose and may not support political activities (including but not limited to
lobbying, campaigns or endorsements) and/or private interests.
Demonstrating Public Purpose
All public funds, no matter how awarded, must be used for a public purpose. In general, a public
purpose is defined as an activity or service that promotes the public health, safety, morals, general
welfare, security, prosperity, and contentment of all the inhabitants or residents of Dania Beach
and is open and accessible to all public members regardless of race, creed, gender, sexual
orientation, religious affiliation, etc., without restriction. It is imperative for the entity requesting
funding to demonstrate the benefit that funded programs or services will have on the Dania Beach
Community.
4 RESOLUTION #2025-______
Where it is appropriate for the City to allocate public funds are as follows:
•When an entity provides a service that complements or enhances a service that the City
also provides;
•When there is an identifiable secondary or indirect benefit to City residents; and,
•When the entity provides a service to augment/complement City events, services or
programs, or events associated with the city, or using City facilities or roads.
Eligibility Standards
Eligibility: To be eligible for funding, the requestor:
•Must be located within the City of Dania Beach or provide community, environmental,
or social services to the Dania Beach community or support a city initiative.
•Must directly provide the Dania Beach community service(s) for which the City funds
are sought;
•Must have no outstanding debt due to the City.
•Must not be financially dependent upon receiving City support to meet the budget and
operational requirements of the organization (i.e.: paying taxes, payroll, rent).
•Is a recognized entity in good standing by the Florida Secretary of State, Secretary of
State, and the Federal Internal Revenue Service, if applicable
•Must have a current Dania Beach Business License, if applicable.
• Must have matching funds.
Ineligibility:
City funds may not be used for any of the following activities unless expressly authorized
by the Commission:
•Individuals;
•For Services which are primarily commercial, religious or political in nature;
•Closed membership groups – those to which membership is restricted or subject to
eligibility based upon prohibited factors – may generally not receive funding. Groups that
serve a particular population – for example, youth aged 12 to 16 in a particular community
– are not considered a closed membership group, as long as the program is open and
accessible to all youth within that age bracket in the community.
•Using funds to challenge City activities, plans, or actions; or
5 RESOLUTION #2025-______
•The payment of outstanding debts
•The purchase of alcoholic beverages.
•Travel, meals, lodging, or entertainment expenses.
• Funding scholarships or grants for non-Dania Beach residents. The application and
contact shall require, before distribution of gran or scholarship funds that recipient be a resident of
Dania Beach at least 12 months prior to applying for the scholarship or grant).
•Permanent improvements to any non-City owned structure or property so that it becomes
an integral part of the real property, and its removal would do harm to the building or land,
including those improvements that are bolted, nailed, screwed, or wired into the wall, ceiling, or
floor.
Procedures
A. Councilmembers or city staff shall complete and submits applications by June 1 of each
fiscal year to allow staff sufficient time to evaluate the applications. Each application
shall include the entity, event, program or service and detail, purpose, partner
associations or organizations, sponsors, municipal purpose, benefit to the public and
comply with all applicable terms and conditions contained therein, including the
requirement that outside vendors shall be required to meet the City’s minimum
insurance requirements.
B. Required Attachments:
• Current organization operating budget reflecting sources and amounts of
income and expenditures for the organization as a whole, not just the
program outlined in the application.
• IRS determination letter indicating the organization’s 501(c)(3) charitable
status (if applicable)
• Certificate of Good Standing from the Secretary of State’s Office.
• Current list of board of directors
• Most recent tax return.
• City of Dania Beach business license.
C. Staff will review the application to determine whether the application satisfies a public
purpose and should be considered for funding. Staff will only bring forward
applications that meet the minimum requirements stated in the policy.
D. The City shall create a written contract to be executed by the organization, ensuring
that they agree to comply with the City’s terms and conditions of this policy.
6 RESOLUTION #2025-______
E. Any budgeted amounts established by the City Commission shall adhere to following
guidelines:
1) The funds should not be considered in addition to any grant funds allocated through
the grant program or discretionary funds. Organizations cannot apply for grant or
discretionary funds and have the additional amounts per budget.
2)The funds must not exceed the allocated amount specified in the budget, there cannot
be any overages approved or requested of the City. If requested, a 4/5 vote of the City
Commission would be required for overage requests.
Vetting of Application
All organizations must demonstrate eligibility and integrity in order to receive sponsorship
funding. The city’s vetting process includes, but is not limited to the following:
•Not-For-Profit Business Records Searches.
•News article searches.
•Potential conflicts of interest.
•Tax Warrant database searches.
•Not-for-profit entity status.
•Compliance with State Charity registration requirements or certification that the
organization is exempt from the registration requirements.
•Active Federal Employer Identification Number (EIN) from the IRS.
•Current IRS tax exempt status.
•Past evaluations of contract performance; and
•Review of organizations’ use and public purpose of funds.
A. If staff cannot determine after the initial review whether the application satisfies the
eligibility requirements enumerated in this policy, program staff should consult with the
City Manager.
B. A report summarizing the eligible applications will be submitted by staff to the City
Manager for review and placement on a City Commission meeting agenda for final
action/approval.
7 RESOLUTION #2025-______
Post Funding Requirements
Each awarded entity shall submit a reasonably detailed report, with receipts and proof of
expenditures of the funds and proper backup documentation to substantiate those funds were
expended appropriately. The report shall be submitted within 30 days of the end of the project or
by September 30 of the fiscal year in which funds were awarded. Mandatory documentation is as
follows:
•Invoices/receipts documenting the expenditure of funds; and
•A summary that explains all expenditures, including how they specifically benefited
Dania Beach residents, may include pictures or other documents illustrating the use of the funds.
If funds are not expended in accordance with the City’s Request and Approval Process, the awardee
will be required to refund the award. The City reserves the right to request additional backup
information to substantiate how funds received from the City were expended. Failure to spend the
funds within the approved fiscal year, to provide proper documentation, and/or to utilize the funds
for the intended purpose may jeopardize future funding opportunities.
Failure to Comply with Policy, Procedure or Required Documents
Failure to comply with the City’s policy, procedures and any required documents (relating
to expenditures, applications, eligibility, etc.) shall result in the applicant’s loss of funding
eligibility for 10 years. The City may also seek reimbursement of distributed funds.
EFFECTIVE DATE
This policy shall become effective upon adoption by the City Commission.
From: tamara tamarajames.us <tamara@tamarajames.us>
Sent: Friday, May 23, 2025 11:48 AM
To: Davis, Joyce <jdavis@daniabeachfl.gov>; Salvino, Marco <msalvino@daniabeachfl.gov>; Lewellen,
Lori <llewellen@daniabeachfl.gov>; Rimoli, Luis <lrimoli@daniabeachfl.gov>; Ryan, A. J.
<AJRyan@daniabeachfl.gov>
Cc: Garcia, Ana M. <agarcia@daniabeachfl.gov>; Sosa-Cruz, Candido <csosacruz@daniabeachfl.gov>;
Boutsis, Eve A. <eboutsis@daniabeachfl.gov>; tammiefjames@aol.com
Subject: Request to Amend Application Requirements for Organizations Utilizing City Funds
Dear Dania Beach Commission,
I am writing to express serious concerns regarding the newly proposed application process
for organizations utilizing City funds, specifically as it relates to groups like the MLK
Renaissance Corporation and others that operate in a similar capacity.
Historically, funding for events like our annual MLK celebration has been budgeted through
the City during the regular budgeting process, not through a grant request. The funds
allocated for this event do not leave the oversight of City staff at any point—these dollars
are housed within the Parks and Recreation Department’s budget, and all services are
procured in accordance with the City's policies. City staff are responsible for carrying out
the procurement, ensuring full transparency and accountability.
The new requirement demanding disclosure of all external funding sources and
expenditures outside the scope of City-funded activities feels unnecessarily invasive. I ask
you to consider how you would feel if, after requesting a grant, you were suddenly required
to disclose every other source of support your organization receives and how every non-
City dollar is spent—especially when that funding is entirely unrelated to the City’s
contribution.
What is the actual motive behind this level of scrutiny? The MLK Renaissance Corporation
has consistently operated with integrity and transparency. Despite this, I am the only
Commissioner who has ever directly engaged with or sought to understand the mission,
programming, or challenges faced by this organization. Decisions are being made that
impact organizations which some of you do not fully understand or relate to.
This policy is not only unreasonable—it is counterproductive. It adds an unnecessary
burden on your own City staff, who are already managing the invoicing and paperwork for
the MLK event. Ironically, there is more accountability for this organization than exists for
grants given directly to residents. When the City provides funding for roofing assistance or
similar programs, we do not request the resident’s entire annual financial history—only
what’s necessary to determine eligibility.
By requiring full financial disclosures from community partners, we risk alienating good
organizations that are eager to work alongside the City. Many funders and donors prefer
anonymity and do not wish to be publicly disclosed. This is especially true for donations
supporting needs the City does not fund—such as scholarships or certain event elements
like alcohol.
This policy does not feel like a call for accountability; it feels like a means of control. Let
me be clear: I speak not only on behalf of the MLK Renaissance Corporation, but on behalf
of many local organizations. We are willing to show accountability—through receipts,
invoices, and reports—but we also deserve to protect our internal privacy and the privacy
of those who support us.
We already file with the State of Florida each year, confirming our compliance and good
standing. I respectfully ask the Commission to reconsider and amend the current
application, specifically removing the language requiring full disclosure of all funds raised
or used outside of the City’s direct contribution.
Thank you for your time, and I welcome the opportunity to discuss this further by phone or
email.
Sincerely,
Tamara James
Former Mayor, City of Dania Beach
Board Member, MLK Renaissance Corporation