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2025-10-28 City Commission Meeting Agenda Packet - Addendum No. 2
AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, OCTOBER 28, 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. 2 (Items in red are new and/or revised) 1. CALL TO ORDER/ROLL CALL Agenda – Dania Beach City Commission Tuesday, October 28, 2025 - 7:00 PM Page 2 of 7 2. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE 3. PRESENTATIONS AND SPECIAL EVENT APPROVALS 1. City Fiscal Year End Investment Portfolio Update - Public Trust Advisors - Finance 2. Request for Proclamation Approval – Friends of Libraries Week, October 19-25, 2025 – Sponsored by Commissioner Lewellen 4. PROCLAMATIONS 1. Friends of Libraries Week – October 19-25, 2025 – Sponsored by Commissioner Lewellen 5. ADMINISTRATIVE REPORTS 1. City Manager 2. City Attorney 3. City Clerk - Reminders - November 18, 2025 - CRA Board Meeting - 6 p.m. - November 18, 2025 - Commission Meeting - 7 p.m. - December 9, 2025 - CRA Board Meeting - 6 p.m. - December 9, 2025 - Commission Meeting - 7 p.m. Advisory Board Quarterly Attendance (July through September) 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 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: October 14, 2025 Regular City Commission Meeting 2. Travel Requests: None 3. RESOLUTION NO. 2025-_____ Agenda – Dania Beach City Commission Tuesday, October 28, 2025 - 7:00 PM Page 3 of 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REPEALING RESOLUTION NO. 2025-007 AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN UPDATED ACCESS AND USE AGREEMENT WITH BROWARD COUNTY FOR THE SHORE PROTECTION PROJECT, SEGMENT III; PROVIDING FOR NO FISCAL IMPACT TO THE CITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (Public Services) 4. 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 UNDER THE CITY OF DEERFIELD BEACH CONTRACT ITB NO. 25-016, THROUGH THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE PURCHASING GROUP, FOR SULFURIC ACID FROM INTERACID GROUP, VALID THROUGH JULY 16, 2028, AND TO EXCEED THE ANNUAL VENDOR TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00); AUTHORIZING SUCH PURCHASES TO BE MADE WITHIN THE RESPECTIVE DEPARTMENTS APPROVED ANNUAL BUDGET APPROPRIATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services) 5. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REQUESTING AUTHORIZING THE EXPENDITURE OF FUNDS TO EXCEED THE ANNUAL VENDOR TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00) FOR EACH YEAR THE CONTRACT IS IN PLACE FOR CALIBRATIONS AND REPAIRS OF FLOW METERS AND RELATED DEVICES WITH ROCHA CONTROLS; 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 ADOPTON OF THE STORMWATER MASTER PLAN, PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services) 7. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN AGREEMENT TO REIMBURSE THE BROWARD COUNTY TAX COLLECTOR FOR ADMINISTRATIVE AND ACTUAL COSTS Agenda – Dania Beach City Commission Tuesday, October 28, 2025 - 7:00 PM Page 4 of 7 INCURRED AS A RESULT OF THE USE OF THE UNIFORM METHOD OF LEVY, COLLECTION AND ENFORCEMENT OF NON-AD VALOREM SPECIAL ASSESSMENTS. (Finance) 8. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA, AND THE BROWARD COUNTY SHERIFF’S OFFICE FOR POLICE SERVICES DATED OCTOBER 1, 2025; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT FOR SUCH SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance) 9. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A SPONSORSHIP APPLICATION FOR NOT-FOR- PROFIT BAD SPACE DANIA, INC. (“MAD ARTS”); IN ACCORDANCE WITH THE SPENDING POLICY AND PROCEDURE FOR BUDGETED EVENTS OUTSIDE OF COMMUNITY GRANTS OR DISCRETIONARY FUNDS POLICIES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance) 10. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF FUNDS FOR SERVER MONITORING AND SUPPORT SERVICES, INCLUDING ADDITIONAL CONTRACTED SUPPORT FROM LAN INFOTECH, FOR FISCAL YEAR 2025-26, THAT EXCEED AN ANNUAL VENDOR TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00); PROCEEDING WITHOUT COMPETITIVE BIDDING AND AUTHORIZING PURCHASES FROM THE INFORMATION TECHNOLOGY FUND APPROVED ANNUAL BUDGET APPROPRIATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Information Technology) 11. RESOLUTION NO. 2025-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING AN THIRD AMENDMENT TO THE JANITORIAL SERVICES AGREEMENT AWARDED VIA INVITATION TO BID (“ITB”) NO. 21- 027, ENTITLED “JANITORIAL SERVICES” WITH CLEAN SPACE, INC. TO ADD CLEANING SERVICES FOR C.W. THOMAS PARK COMMUNITY CENTER AND TO EXTEND THE UNDERLYING AGREEMENT FOR THE SECOND AND FINAL Agenda – Dania Beach City Commission Tuesday, October 28, 2025 - 7:00 PM Page 5 of 7 TWO YEAR TERM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Parks & Recreation) 12. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A RECIPROCAL USE AGREEMENT WITH THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, RELATING TO THE MUTUAL AND RECIPROCAL USE BY THE PARTIES OF CITY AND SCHOOL BOARD FACILITIES FOR A FIVE YEAR TERM, WITH ONE FIVE YEAR RENEWAL; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE (Parks and Recreation) 13. Request for Use of Discretionary Funds - Art & Somm - November 6, 2025 - Sponsored by Mayor Davis 14. Request for Use of Discretionary Funds — "Serving Joy" (Dania Beach Gives Back) — November 3, 2025 - Sponsored by Commissioner Rimoli 9. BIDS AND REQUESTS FOR PROPOSALS 1. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZATION TO AWARD AND ENTER INTO AN AGREEMENT FOR THE ITB NO. 25-021 TO HAWKINS INC FOR BULK CHEMICAL PURCHASES FOR THE WATER TREATMENT PLANT. AUTHORIZING FROM THE DATE THE AGREEMENT IS EXECUTED, AND TO EXCEED THE ANNUAL VENDOR TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00); 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; 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 PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH MERRICK INDUSTRIAL MANAGEMENT CORPORATION FOR REQUEST FOR PROPOSALS (“RFP”) NO. 25-023, ENTITLED “FROST PARK SPORTS COURT CONVERSION PROJECT”; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Parks & Recreation) 10. QUASI-JUDICIAL & PUBLIC HEARING ITEMS Agenda – Dania Beach City Commission Tuesday, October 28, 2025 - 7:00 PM Page 6 of 7 1. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PURSUANT TO THE REQUIREMENTS OF SECTION 655-40, OF THE LAND DEVELOPMENT CODE (LDC) APPROVING THE WAIVER OF REPLAT REQUEST (OT-019-25) SUBMITTED BY THE PROPERTY OWNER, TAMMIE AND ELLIS JAMES, FOR THE PROPERTY GENERALLY LOCATED EAST OF 255 NW 12TH AVENUE IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 11. FIRST READING ORDINANCES: None 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. 12. SECOND READING ORDINANCES 1. ORDINANCE NO. 2025-_____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PURSUANT TO THE REQUIREMENTS OF SECTION 655-40 OF THE LAND DEVELOPMENT CODE (LDC) APPROVING THE RIGHT-OF- WAY VACATION REQUEST (VC-018-25) SUBMITTED BY THE APPLICANTS/ADJACENT PROPERTY OWNERS, TAMMIE AND ELLIS JAMES, FOR THE PROPERTY GENERALLY LOCATED BETWEEN NW 2 PLACE AND NW 12 AVENUE, RESPECTIVELY, WHICH CONSISTS OF APPROXIMATELY 100 BY 70 FEET OF NW 12TH AVENUE, LYING EAST OF THE APPLICANTS’ PROPERTY LOCATED AT 255 NW 12TH AVENUE WHICH RIGHT OF WAY IS GENERALLY DESCRIBED AS “NORTHWEST 12TH AVENUE,” AND IS LOCATED WITHIN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 13. DISCUSSION AND POSSIBLE ACTION 1. RESOLUTION NO. 2025-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY COMMISSION TO ENTER INTO AN EXTENSION OF THE EMPLOYMENT AGREEMENT WITH THE CITY Agenda – Dania Beach City Commission Tuesday, October 28, 2025 - 7:00 PM Page 7 of 7 MANAGER, ANA M. GARCIA THROUGH MAY 16, 2026; PROVIDING FOR A PUBLIC HEARING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Commissioner Lewellen) 2. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, TO DISCUSS THE CITY’S POSITION RELATING TO BROWARD COUNTY APPLICATION FILED BY PORT 1850 LLC, 2025-285 (PCNRM 24-3) FOR SITE 97, LOCATED AT 1850 NE 7TH AVENUE, DANIA BEACH, FL, RELATING TO MODIFICATION/UPDATE TO THE COUNTY’S ENVIRONMENTALLY SENSITIVE LANDS MAP THROUGH THE FLORIDA STATUTES SECTION 163.3184 PROCESS; AUTHORIZING A PUBLIC HEARING EVEN THOUGH A PUBLIC HEARING IS NOT REQUIRED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Mayor Davis) 3. Amending Rules of Procedure – City Commission Meeting Start Time – Sponsored by Vice Mayor Salvino 14. APPOINTMENTS 1. - Education Advisory Board - 1 vacancy - Commissioner Ryan - Marine Advisory Board - 1 vacancy - Commissioner Ryan - Dania Beach Housing Authority Board - 1 vacancy - Mayor Davis - Public Art Advisory Board - 1 vacancy - Commission 15. COMMISSION COMMENTS 16. ADJOURNMENT 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: October 28, 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 We have started our dialogue and game plan with Rana Brown from the Ron Book team as we get ready to submit our state budget request for 2026 and coordinate our yearly visit. While last year state funding eluded us due to record vetoes and a very tight budget, we have received an unprecedented amount in the previous 6 years totaling $9,125,819. The session this coming year is scheduled from January 12th to March 13th. Committee weeks will commence in early December with December 1st – 5th and December 8th – 12th being the best dates we are currently looking at per Ms. Brown’s recommendation. Dania After Dark/ Oktoberfest edition was a huge success with record attendance! Our Special Events Division of Parks and Recreation under the leadership of Manager Ashley Vlasic has another amazing event in store for our community and visitors as Light up Dania Beach will be held on Saturday, November 15th as we continue to transform our City Hall Campus to an extravaganza of entertainment and great atmosphere with food, spirits and a safe and welcoming environment for the entire family. We hosted our last CORE conversation meeting for 2025 at C.W. Thomas Park and the excitement is building for the January grand opening of our brand new state-of-the-art $21 million dollar facility/ park. A packed house of over 60 residents engaged with our senior team members in a very productive question and answer session. Municipal Government is the closest to the people and our CORE initiative provides for a very up close and personal experience with our residents. The newly renovated IT Parker waterfront Community Center is becoming extremely popular! We are seizing every opportunity to showcase and market this beautiful event space in Dania Beach. I am very pleased to report that Parks and Recreation Director Cassi Waren will be hosting the Southeast Florida Recreation and Parks Association end of year meeting on December 9th at IT Parker. Additionally, yours truly will be hosting the 1st executive board meeting of 2026 for the Greater Ft. Lauderdale Alliance (Economic Engine of Broward County) on January 15th. Our strategy to generate revenues while at the same time creating awareness of “all” that we have to offer in Dania Beach is an ongoing process and an effort that will continue for years to come. As we speak about attracting visitors to our City and strengthening our partnerships with the public sector and business community, we are currently putting the final touches in the plan to deliver the best Mayor’s State of the City Address ever on November 5th in partnership with DCOTA and Le Meridian Hotel. This will mark our 4th year raising the standard of excellence in the planning and execution of this very popular and exciting event in our community. Kudos to our State of the City Planning Committee, our Special Events Team and much gratitude to all our sponsors who have contributed a record amount in excess of $60k for this worthy and wonderful endeavor. Mayor Davis is ready to elaborate upon a year of remarkable success and progress in Dania Beach, as well as bestowing much praise and recognition to all of this year’s recipients of the Mayor’s Awards of Excellence. Phase 2 of our Veterans Park is in full swing as a beautiful mural honoring our veterans and all the branches of our military will be completed and dedicated on Veterans Day, November 11th at 10am at our City Hall Campus. Additionally, we are planning some very exciting initiatives as we look forward to 2026 and our semi-quincentennial celebration of 250 years of our beloved United States of America. Our unanimously adopted Strategic Master Plan of 2021 has a mission statement that is very clear on several key elements, one of which is that our City is environmentally sound! As I always say, “we align our words with action”. I want to take this opportunity to be perfectly clear; we support processes and seek the advice of subject matter experts, so we can make recommendations in support or in opposition of projects to our City Commission in order for the best and most educated decisions be made in and for our City. The investments we are making and have been making in pro environmental projects and infrastructure improvements in our City these past 6 years under this Administration is unprecedented to the tune of more than $52 million from grants, loans and budgetary appropriations. Some of these include the $35 million dollar SE drainage project, the $2.8 million restroom facility development project at Ocean Park, the $1.2 million lighting upgrade including the Turtle friendly walking path lighting installed south of Lucky Fish and the underground wiring project planned for our Beach. I have included as backup for your information all the projects, the total investment, and project status. Our current City Commission as well as all the elected officials this administration has been working with since March of 2019 has “always” without hesitation unanimously voted for and approved every single project and/or initiative associated with the investment of infrastructure, improvements, and initiatives benefiting the environment. See attached. I look forward to hitting the ground running with our remarkable Team in 2026 until my last day as your City Manager continuing to break ground and celebrate the completion of projects Citywide. Ocean Park Improvements • Lighting Upgrades o Turtle-friendly walking path lighting installed south of Lucky Fish. o Coordinating with consulting team and FPL on new comprehensive lighting from north to south ends of Ocean Park. o Photometric analysis scheduled for submittal to FPL by early November. o FPL engineering review and planning expected to take several months. o Project includes removal of existing light poles and undergrounding of beachside wiring. o Budget: $1,250,000. • Restroom Facility Development o Site plan approval presentation scheduled for November 18 Commission meeting. o Environmental permits submitted; comments and approval pending. o Bidding: Q1 2026. o Construction start: Q3 2026. o Completion: Q1 2027. o Budget: $2,800,000. • Additional Parking o Permit review in progress for Phase 1, adding 16 new parking stalls. • Repaving o Budget: $700,000 for continued repaving work at Ocean Park. o Continuation of project initiated in February 2025. Hazard Mitigation Grant Program (HMGP) Projects • Police Substation Generator o Project awarded; installation anticipated Q1 2026. o Budget: $240,000. • City Hall Wind Retrofit o Window Replacements Work ongoing; completion expected by year-end 2025. Budget: $400,000. o Roof Replacement In design; completion by year-end 2026. Budget: $800,000. o Generator Installation Design complete; preparing bid documents. Budget: $1,200,000. • Fire Station Wind Retrofit o Windows Phase 1: Completed in 2023. o Generator/Doors/Roof: In bid phase; completion Q4 2026. o Budget: $1,800,000. • Lift Stations 1, 2, and 3 o Construction started with Lift Station 1. o Budget: $10,000,000. • SE Drainage (Global Match) o Phase 1: Completion Q2 2026, Budget: $16,100,000. o Phase 2: Completion Q4 2026, Budget: ~$19,000,000. CITY OF DANIA BEACH HUMAN RESOURCES DEPARTMENT MEMORANDUM DATE: October 20, 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 Overview The Human Resources and Risk Management Department continues to deliver exceptional services while advancing strategic initiatives that strengthen the City’s workforce, enhance employee engagement, and position HR as a proactive partner in achieving organizational excellence. Below is a summary of our activities and accomplishments over the past month. Recruitment and Talent Acquisition Our recruitment team successfully hired candidates for our Public Services and Parks and Recreation. We have also implemented targeted recruitment strategies to attract candidates for our two current open positions. • Currently Posted (2 Positions): Beach Lifeguard (OC) & Marketing and Communication Specialist • Recent Hires/Status Changes (3 positions): Beach Lifeguard (PT), Recreation Assistant, Project Manager Training and Development Our Training and Development initiatives provide both new and seasoned employees with meaningful opportunities to enhance their skills and leadership capabilities. • Employee Training: We are preparing for our third quarter New Hire Onboarding/Call Back sessions scheduled for November 13. Our annual Maintenance of Traffic (MOT) training is scheduled for November 18 and team members from Public Utilities, Streets and Landscape teams are scheduled to attend Employee Engagement and Culture We remain committed to creating a workplace culture that values recognition, connection, and employee well-being. • Focus Group: October 9, 2025, we hosted our second Focus Group of the year and seventeen (17) team members attended. The team provided excellent feedback and expressed their appreciation for the opportunity to share their opinion and perspectives. The information gathered has been summarized and will be shared with the management team to help guide future initiatives and support ongoing employee engagement efforts Page 2 of 2 • The annual Halloween Employee Event is scheduled for October 20 at IT Parker Risk Management, Wellness, and Safety HR continues to take a proactive role in safeguarding City operations and employee well-being through forward-looking initiatives. • FY 25-26 property and casualty and flood insurance renewals were approved by the Commission • Finalized safety training course completions review and assigned safety day credits for the last fiscal year • At the September Safety Committee meeting, the Safety Committee was presented with a $5000 check from our insurance carrier, for successfully completing the Training Incentive Programs (TIPS) program • Scheduled training for team members to encourage them to participate in the new Eagle Eye program • All safety training classes were scheduled in Vector Solutions for the new fiscal year. Employees now have access to complete courses for safety credit among other courses. • Preparing for the next Safety and Wellness Committee meeting on January 22, 2026 Compensation and Benefits Our team continues to ensure employees have access to robust, competitive benefits while introducing innovative enhancements. • Benefits changes: Open enrollment changes have been implemented for the October 3, 2025 pay period • We are preparing for the upcoming benefits review period for retirees, dependents, and surviving spouses aged 65 and older who are enrolled in the Medicare Advantage plan. Currently, approximately 88 retirees and spouses are enrolled. This year’s renewal includes a modest monthly increase of $2.90, and the plan will transition from UnitedHealthcare to Humana. To help with the transition we have scheduled a Retiree Benefits Review Meeting at City Hall on Tuesday, November 18. Humana is offering our retirees much lower co-pays for physician appointments • Our Benefits and Compensation Specialist will be attending the Survey meeting on October 22 for our annual salary review process Continuous Improvement and Innovation HR continues to implement forward-thinking solutions that increase efficiency and mitigate risk. • Finalized agreement for an automated interface with the Florida Driver’s License and Motor Vehicle Record Data Exchange, allowing daily license validation instead of annual manual checks. IT is currently working on the required Data Security and Internal Controls audit • We have completed the implementation of the JDXpert job description management software solution. Training is scheduled for the Directors & Deputy Directors on October 22 and October 29 • We are currently working with the Procurement team on a RFP for a certified project management consultant, with focus on Human Resources Information Systems (HRIS), IT and payroll systems. 1 CITY OF DANIA BEACH PARKS AND RECREATION DEPARTMENT MEMORANDUM DATE: October 14th, 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 continues to be on track with exciting updates. We anticipate receiving our TCO the week of October 20th to slowly transition into the new building at a reduced capacity with our existing indoor programming in order to demolish the old building and take another step towards completion of the project. The site scoreboard has been installed. The old outdoor restrooms and concession stand have been demolished. Irrigation and sidewalk installation have begun. The artificial turf company is preparing the site to begin installation of the turf football field. • 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. 2 • Chester Byrd Park – The RFQ for the design services has been reviewed and the ranking of the respondents went before the City Commission August 26th, and the staff is in contract negotiations with Calvin, Giordano & Associates, Inc, the top ranked firm. • PJ Meli Park – Bermello Ajamil met with the management team on September 11th, to review the first official conceptual design rendering of the park and are fine tuning based on cost estimation. • Frost Park Pickleball Sports Court Conversions – Staff is finalizing the contract with the top ranked respondent to bring before City Commission on October 28th. Once approved and the agreement is fully executed the work will begin immediately in order to lock in the pricing provided with the bid. The project is estimated to be complete the end of January, early February. • Rita Crockett Beach Sports Academy – The grand opening is scheduled for Thursday, October 23rd from 5:30pm – 9pm. • Frost Park Concession Stand – Construction is complete. A leak was found in the roof with all of the rains that is in the process of being complete. Ocean Rescue Report: • Rescues – 2 • Medical/First Aid – 2 • Law Enforcement Calls – 3 • Missing Person – 1 • Wildlife or Domestic Rescue – 7 Dania After Dark kicked off with our Oktoberfest event on Saturday, Oktober 11th from 6pm – 9pm. The weather was great, and the event exceeded expectations. Ticket sales reached 834 tickets sold, which is a record number for the Oktoberfest event with almost 6,000 attendees. The next Dania After Dark will be Light Up the Night on November15th from 6pm – 9pm. Staff is preparing for the Fall Festival event at Frost Park on Friday, October 24th from 6pm – 9pm. The south bound lanes of Fronton St. will be closed for the event to activate the BSO National Night Out portion of the event. Special event applications processed FY25 – 39 Special event applications processed FY26 - 5 Due to weather, the Rita Crockett Beach Sports Academy grand opening was rescheduled for Thursday, October 23rd from 5:30pm – 9pm. CW Thomas staff are preparing for their big move into the new building which should start taking place the week of October 20th so long as we get our TCO on 10/20. We hope to begin the soft opening with only existing programming the week of October 27th until the entire project’s grand opening in January. Ongoing programs: • Rising Stars 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 • Junior Chefs at CW Thomas Park • Checkmate Academy at CW Thomas Park • Gaming Club at CW Thomas Park • Adult Game Club at CW Thomas Park 3 • Domino Club at CW Thomas Park • Gracefully Aging at CW Thomas Park • Adult Chess at SW Community Center • Adult Fantasy Sports at SW Community Center • YAC at PJ Meli Aquatic Complex • Karate at PJ Meli Park • Swim Team at PJ Meli Park • Waterpolo at PJ Meli Park • Social Seniors at PJ Meli Park • Tot Tim at PJ Meli Park • Sweet Creations at PJ Meli Park • Kreation Station at Frost Park • English Classes at Frost Park • Sunday Cards at Frost Park • Table Game Tuesdays at Frost Park Athletic Programs (ongoing/upcoming): • Football/Cheer at Frost Park • Adult Kickball at PJ Meli Park • Lil Sluggers at PJ Meli Park • Youth Basketball at Frost Park • Jr. Youth Sports at Frost Park • Little Sea Stars at PJ Meli Park • Soccer at Frost Park • Tennis at Frost Park & PJ Meli Park 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. Parks and Recreation took on Parks Maintenance from Public Services in August/September, and we are in full swing with our new division/staff. We are working on ball field improvements at PJ Meli Park and Frost Park as well as getting quotes to do a full overhaul of the grass/fields at Frost Park converting them to Bermuda field grass with irrigation addressing while addressing the ponding issues we face on the fields 4 currently for a future project. The dug outs and restrooms surrounding the RCBSA have also been painted with small upgrades. CITY OF DANIA BEACH MARKETING AND COMMUNICATIONS DIVISION MEMORANDUM DATE: October 21, 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, digital signs and Cable TV Channel 78 continue to be updated with relevant, new and important information. Marketing support may include advertisements, branding, signage, event site and marketing collateral, photography, media relations, video recordings, and pre- and post-event social media posts. Support is provided to all City departments and their projects. There is an ongoing effort to enhance digital communications and engagement by implementing best practices. Below are the latest activities from mid-September through mid-October 2025: Publications (internal and external) • Creating content and outline layout for the fall edition of Pioneer • Risk Management Guide (HR) Community events and coverage • CORE meetings • Patriots Day ceremony • Wyland turtle unveiling • BSO Coffee with a Cop • Service sign unveiling Special events marketing support • Dania After Dark: Oktoberfest Beerfest o Media results: WSVN, Deco Drive, WPLG and two Sun Sentinel articles • Fall Festival • Flea Market • New recreational programs (English classes, Kreative Station, game nights) City initiatives marketing support (external) • New water meters and Eye on the Water (multiple departments) • Community Grant Program (Finance) • State of the City (Mayor & Commission) City initiatives marketing support (internal) • Eagle Eye • Holiday card (2025) • Birthday cards 2026 • Take Your Dog to Work Day • Halloween event • MLB and NHL experience events Community Redevelopment Agency (CRA) initiatives • PATCH: Continually producing and editing promotional communications and materials o Media result: Farmer’s Market article in Sun Sentinel Weekender (10/9/2025) Creative design and branding • Regulatory signage for parks • New city bus wrap design concepts • Updated bus shelter graphics • New street pole banners concepts • New social media banners • State of the City materials • Kickball, tennis, flag football, youth basketball combine, English classes, junior chef, volleyball, Little Sea Stars and baseball (Parks & Recreation) Digital, video and website • PSAs for Oktoberfest • FL City Week videos (SAFE, INSPIRE, ACTIVE and MOVE) • Video banner for new website. • Drafted the event script and coordinated logistics for the Mayor on the Move on C.W. Thomas Community Center. (City Manager) • Updated post-storm recovery pages in compliance with Florida state legislation (Community Development). • Launched website training sessions for all departmental website liaisons to ensure consistent content management. ANALYTICS: • Email campaigns: Past 30 Days: Two campaign average o Open Rate: 61.5%, Click-through Rate: 3%, Total contacts: 9,361 • Facebook: Reach, 46,738; Profile impressions, 150,067; New followers, 175; Followers, 11,562, Post engagement rate, 7.94% • Instagram: Profile impressions, 566,196; Reach, 16,461; Page visits, 2.7K; New Followers, 944; Followers, 12,744; Post engagement rate, 4.37% • X: Followers, 2,937; Post impressions, 309; Post engagement rate, 4.5% • YouTube: Channel views, 2,140; Subscribers,649 • LinkedIn: Followers, 1,673; New Followers, 36 • Everbridge: Community subscribers: 5,484; Alert Dania Beach subcribers:262; Dania Events subscribers: 207 • Designs Created: 97 CITY OF DANIA BEACH PUBLIC SERVICES DEPARTMENT MEMORANDUM FJR/fjr \continued… DATE: October 28, 2025 TO: Ana M. Garcia, ICMA-CM, City Manager VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager FROM: Fernando J. Rodriguez, Public Services Director CC: Sean Schutten, P.E., Deputy Director/City Engineer RE: PUBLIC SERVICES DEPARTMENT ACTIVITIES – September 24 to October 27, 2025 Provided below is a summary of the main PSD project activities for roughly the past four weeks: Departmental Staffing – Administration – The remaining Project Manager vacancy was filled in early October, bringing the Department to full staffing status. City Hall Hardening Project – The hurricane/impact window component is well under way, with the installation of roughly 100 impact windows to begin in late September. This component of the project will significantly improve the safety and indoor environment of occupants (reduced noise and humidity) and better protect the building during periods of storm or hurricane force winds. The window work will be followed by the installation of the storm proof doors, with the entire project expected to be completed by the end of the year (weather permitting). SW 34th Terrace Drainage Project – Work is progressing according to schedule, with approximately 40 percent of the overall construction completed to date. Substantial completion is anticipated by early December 2025, followed by final completion in January 2026. Women’s Club Historic Restoration –The pre-construction meeting was conducted in late October, with mobilization projected by mid-November. The project should be substantially completed by June 2026. 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 was submitted on July 3rd and has gone through the first DRC review. Bidding and start of construction are expected within the first half 2026, and a completion time frame is expected in the February-March 2027. PUBLIC SERVICES ACTIVITIES September 25 to October 28, 2025 Date: October 28, 2025 Page 2 of 2 FJR/fjr SE Drainage Project - Phase I: Work has proceeded smoothly, with much of the infrastructure, including pipes and inlets, already completed. All 12 injection wells have been successfully installed the excavation and installation of the precast structures (including the Wet Well, Valve Vault, Inlet Structure, and Treatment Unit) were also successfully completed. Work is underway on the construction of the electrical equipment platform. and the work on the pump station is ongoing. Substantial completion is expected by mid-summer 2026. - Phase 2: Construction commenced in September. Initial activities, including site clearing, and utility locating, have been completed. Trenching and installation of drainage pipes, inlets, and structures are progressing steadily along SE 4th Street and SE 4th Terrace. The drilling of the injection wells has also started and is currently underway. The overall project remains on track, with Substantial Completion anticipated for November 2026 and Final Completion expected by December 31st 2026. Griffin Road/East Landscape Refurbishing – Work began in early October and is proceeding at good pace. The expectation is to have substantial completion by mid-January 2026. GRANTS FDOT- Highway Beautification Grant – The City formally accepted the grants and is working with FDOT and the consultants to finalize the project schedule. The Stirling Road median improvements was postponed until 2026. House Appropriations Committee – Community Project Funding – The awarded amount of $1,000,000 for Lift Station No.12 rehabilitation will be a significant contribution to the project. The contractors will mobilize by October, provided that permits are awarded this month to begin this important work. FDOT – NW 1st Street Streetscape Beautification – This streetscape beautification project is expected to start in the first quarter of 2026. Currently, Kimley Horn and Associates is revising the design to include drainage. We have submitted an extension request to June 2026, which is under review by FDOT. CITY OF DANIA BEACH BROWARD SHERIFF’S OFFICE (BSO) MEMORANDUM DATE: October 20th, 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 – September/ October 2025 Below are the monthly crime reports for part 1 crimes from 9/14/2025 to 10/18/2025: Notable Increases/Decreases When compared to the previous report: • Part 1 crimes increased by 14.6% over the past four weeks • Auto thefts decreased by 33% • Burglaries increased by 33% • Theft incidents increased by 8% Total Arrests • 167 arrests made by Road Patrol • 18 arrests made by the Crime Suppression Team • 10 arrests made by Criminal Investigations Notable Arrests/Initiatives • Regarding the “Storage Unit Burglar”, detectives continue to file additional charges against him, as he was recently connected to the theft of $20,000 worth of construction equipment. • A victim’s girlfriend stole about $25,000 worth of jewelry from his home. While on routine patrol, road patrol deputies recognized the suspect at Publix, and she was taken into custody. All thieved jewelry was safely returned to the victim. • The victim’s wallet was stolen and used to make several unauthorized purchases. After filing the initial report, the victim updated dispatch that the card was recently used at a Dania Beach hotel. Road patrol deputies immediately responded to the address and arrested both suspects. The victim’s wallet, ID, and credit cards were all recovered and returned. • An arrest warrant was issued for a suspect accused of stealing from numerous Bass Pro Shops throughout South Florida. • Charges were filed against a local handyman posing as a licensed general contractor. He stole over $80,000 from the elderly victim, who was trying to update her home to accommodate her disabilities. • Charges were filed against numerous suspects for various retails thefts in Dania Pointe, including Sephora, Ulta, and the Nike Clearance Store. 9/14/2025 – 10/18/2025 195 Proactive Enforcement Overall, 18 arrests were made by the Crime Suppression Team (CST), including 12 felony arrests. Detectives assisted Palm Beach Sheriff’s Office and Hollywood Police Dept. with tracking a violent suspect, wanted for additional charges. While tracking the suspect, he placed a call to 911, reporting an active shooter nearby, attempting to distract detectives. The investigation is ongoing, and an arrest warrant has been obtained for the suspect. CST and CI detectives worked together to build a case against a violent suspect that stalked his ex- girlfriend and vandalized her vehicle. Felony charges have been filed. Additionally, CST detectives served 6 risk protection orders and arrested multiple suspects with outstanding warrants for aggravated assault, battery, and trespassing. Crack cocaine, MDMA, and one firearm were also recovered during their investigations. CST continues to dedicate time to patrolling the Dania Beach parks and assisting road patrol deputies with apprehending domestic violence offenders. Motors/Commercial Vehicle Enforcement • Between Dania Beach motormen and road patrol deputies, 508 warnings and citations were issued during the last four weeks. This is almost double what was issued the previous month. • Motor Unit deputies continued to focus on school zone safety to ensure the public is adhering to posted speed limits. Deputies received a compliant about vehicles not yielding the right of way to pedestrians at Olsen Middle School. Deputies are actively patrolling around the school and surveilling nearby crosswalks, so that enforcement action can be taken when necessary. • Deputies concluded their special enforcement relating to railroad crossing safety (Tri-Rail and Brightline) and commercial vehicles, particularly dump trucks. Both events were highly successful and resulted in more educated drivers and countless tickets. • License plate readers, SkyWatch towers, and message boards are deployed. The speed trailer is deployed on SW 40th Ave, and recently, no speeding complaints have been received. Homeless Outreach Team (HOT) • A new pilot program was recently launched, providing Homeless Outreach deputies with direct access to mental health experts and clinicians. So far, clinicians are available on Thursdays and Saturdays to help HOT deputies. • Deputies assisted a property manager with boarding up a vacant residence. While on scene, two homeless women were located inside and arrested for trespassing. Once in custody, the residence was cleared, secured, and signage added to prevent future break-ins. • Dispatch received numerous calls for service from surrounding neighbors concerned about a vacant residence. The complaints related to assault, burglary, and trespassing. HOT deputies followed up and learned that the homeowner passed away earlier this year. The person occupying the home now is a potential squatter, claiming the home was willed to him. He was unable to provide any documentation. The squatter has been renting out rooms, resulting in the unusual call volume. Deputies tried to contact family or friends but were unsuccessful. Dania Beach Code Enforcement is now involved, along with the attorney handling the deceased owner’s probate case and they are seeking an emergency judge’s order to force the occupants to vacate. • Two encampments were located during routine patrols, one which was located on City property. Occupants were removed and deputies are working with City personnel to coordinate clean up. • Deputies are continuing to patrol City Hall, Frost Park, Chester Byrd Park, Meadowbrook Square Plaza (Ideal Mall), and Ocean Park Beach. • In total, HOT deputies conducted 90 area checks and documented contact with 13 people. Neighborhood Support Team (NST) Follow-Up/Directives/Initiatives Emergency Evacuation Drill – September 16, 2025 – NST Unit coordinated with Academy at Griffin Harbor to conduct a safety evacuation drill for pre-schooled aged children. The drill consisted of the children leaving the school entirely and getting to another safe location. Operation Medicine Cabinet/Shred-A-Thon – September 20, 2025 – NST Unit held an OMC/Shred-A-Thon at Bass Pro Shops. Attendees were able to drop off unwanted/unused medication and sensitive documents to be safely disposed of. Official Turtle Unveiling – September 30, 2025 – NST Unit attended the historic unveiling of the Turtle Sculpture by renowned marine artist, Robert Wyland. Coffee with a Cop – October 1, 2025 – NST hosted National Coffee with a Cop Day, at a local coffee house on Griffin Road. The event is geared at providing law-enforcement & residents an opportunity to connect on a more personable level. National Walk to School Day – October 8, 2025 – NST participated in “National Walk to School Day” at Collins Elementary School. Parents and students were greeted by law enforcement as they walked/arrived at school. They were also provided informational pamphlets for bike/walk safety tips and Halloween safety tips. Dania Beach Chamber Breast Cancer Awareness Luncheon – October 8, 2025 – NST attended the annual Breast Cancer Awareness Luncheon, which recognizes residents that are breast cancer survivors. Meetings Zoom/In Person • September 18, 2025 – College Gardens HOA – 6:30pm • September 22, 2025 – Fall Festival Meeting – 3:00pm • September 24, 2025 – South Florida Crime Prevention Meeting – 10:30am • September 25, 2025 – Dania Beach Safety Committee Meeting – 1:00pm • October 7, 2025 – Taste of the Town – Dairy Belle – 1:00pm • October 9, 2025 – Dania Beach C.O.P. Meeting – 5:00pm • October 15, 2025 – Drowning Task Force Prevention Meeting – 9:30am • October 16, 2025 – College Gardens HOA – 6:30pm BROWARD SHERIFF’S OFFICE CITY OF DANIA BEACH CALLS FOR SERVICE – 240 ZONE 9/14/2025 – 10/18/2025 THERE WERE A TOTAL OF 241 CALLS FOR SERVICE FOR 240 ZONE WITHIN THE LAST FOUR WEEKS. THERE WERE A TOTAL OF 11 PART 1 CRIMES FOR 240 ZONE WITHIN THE LAST FOUR WEEKS. THERE WERE A TOTAL OF 53 NOISE COMPLAINTS FOR ALL ZONES WITHIN THE LAST FOUR WEEKS. CITY OF DANIA BEACH BROWARD SHERIFF’S OFFICE (BSO) EXTERNAL MEMORANDUM DATE: October 20, 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 September 1, 2025, through September 30, 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 09/30/2025. Project to be completed by December 31, 2026 • 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. Our fleet manager completed the onsite inspection with great comments “Truck Looks Brand-new”. • Department of Transportation Meeting to set up Multi jurisdiction training – Hosted at FS17 • CORE Conversations with Team – September 11, 2025 • Senior’s meeting IT Parker – September 4, 2025 • Bi-Annual Fire Drills City Hall, Public works, City Parks • Fire Stations Safety Inspections Station 1 and 17 CITY OF DANIA BEACH BROWARD SHERIFF’S OFFICE (BSO) EXTERNAL MEMORANDUM • September 11’ 4th Annual Commemoration • Fire Station 17 / City Hall – Stanley Cup Visit • Wyland Sculpture Unveiling • Annual Fitness Assessment Training during this period – • Coffee Break / Kitchen Table talk with crews at Fire Station 1 and 17 • Engine and Rescue Company training – Back to Basics Continued • Pre-Fire plans by Station 1 and 17 • Hydrant Maintenance Station 1 and 17 • Quint 17 – Annual Shred-A-Thon Participation • All Units New Radio Training • All Units off going Bunker Gear Cleaning – Biannual • Officer Development Course for Lieutenants Fire Rescue Unit Training • EMS 17 – Trauma Patient Reunion • EMS Company Training – Complete all Rescue Protocol Training and Vector Solutions • EMS Company Training – Acute Coronary Occlusion Training CITY OF DANIA BEACH BROWARD SHERIFF’S OFFICE (BSO) EXTERNAL MEMORANDUM Community Outreach & Life Safety Educator September 2025 Activities Date Event Attendance Age 09/06/25 Car Seat safety Check -Up Event 12 18+ LSE DW LSE JB 09/10/25 Fall Prevention-Seniors PJ Meli 20 55+ LSE DW 09/11/25 Station 1: 911 Tribute 75 Varied LSE DW 09/12/25 CPR Certification-Dan Marino Foundation #1 15 18+ LSE DW 08/16/25 Pop-Up Information Session-Hurricane Preparedness 25 Varied LSE DW Total: 147 08/2025 Car Seat Checks 03 Adult Continued Education & Community Collaboration 09/10/25 Car fit Event Coordinator Training and Refresher Course 09/16/25 Broward County Fire Prevention Subcommittee Meeting 09/18/25 Dania Beach Elementary Principal and SRO Meting 09/22/25 Fall Festival Meeting and Planning 09/23-26/25 Instructor for Car Seat Technician Class CITY OF DANIA BEACH BROWARD SHERIFF’S OFFICE (BSO) EXTERNAL MEMORANDUM Fire Mashal September 2025 Activities Dania Beach Plans Reviewed 55 Annuals 89 BTRs 15 No Access 58 Vacant 16 Complaint 1 1st Reinspection 4 2nd Reinspection 0 3rd (or more) Reinspection 0 Permit Inspections 40 Total Inspections 183 FY Annuals % Complete 100% Fires August 2025 Alarm Date Incident Number Street Address Location 09/12/2025 07:32 PM FDN25091200005780 1065 SE 6TH Avenue 09/16/2025 04:51 PM FDN25091600005868 5140 Southwest 40TH Avenue #3B 09/23/2025 10:56 AM FDN25092300006022 1505 Southwest 12TH Avenue #4 Megan Jelaso Revenue Accountant Building Fund Collections Building Fund - thru September 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 399,287 181,738 191,611 123,451 July 132,426 212,528 288,360 142,639 August 755,979 767,780 2,087,847 167,242 September 1,003,182 202,415 209,254 761,728 Total 6,114,301 4,924,453 5,324,681 2,862,930 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 1,791,321 July 4,355,140 3,954,258 3,027,579 1,933,960 August 5,111,119 4,722,038 5,115,426 2,101,202 September 6,114,301 4,924,453 5,324,681 2,862,930 Annual Goal 4,741,977 4,868,000 5,191,000 6,159,224 - 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 2024/25 Pier Revenues Pier Revenues - thru September 2025 2021/22 2022/23 2023/24 2024/25 Monthly 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 76,113 July 66,152 71,604 70,205 76,082 August 52,975 58,871 64,092 66,383 September 50,426 60,849 65,294 68,310 Total 906,740 947,320 915,279 951,986 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 737,187 755,996 715,688 741,212 July 803,339 827,600 785,894 817,293 August 856,314 886,471 849,985 883,676 September 906,740 947,320 915,279 951,986 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 September 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 188,603 188,603 206,128 325,726 July 224,411 219,627 269,299 274,561 August 171,951 197,119 185,189 221,655 September 134,616 151,776 204,001 178,180 Total 1,737,704 1,934,380 2,592,620 2,799,412 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 2,125,016 July 1,431,138 1,585,485 2,203,430 2,399,578 August 1,603,088 1,782,604 2,388,619 2,621,233 September 1,737,704 1,934,380 2,592,620 2,799,412 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 September 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 106,001 122,027 124,132 146,813 July 104,000 126,485 122,421 156,561 August 108,096 123,889 125,237 173,057 September 106,418 124,369 121,769 Total 1,311,218 1,444,481 1,448,584 1,485,278 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 1,155,660 July 1,096,704 1,196,223 1,201,579 1,312,221 August 1,204,800 1,320,112 1,326,815 1,485,278 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 80,000 100,000 120,000 140,000 160,000 180,000 200,000 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 Up-Waste LLC General Fund 75.00 75.00 - 75.00 75.00 75.00 - 150.00 1,000.00 1,000.00 - 1,000.00 1,000.00 1,000.00 - 500.00 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 3,255.02$ 39,362.67$ 9,365.23$ - 1,727.05$ 3,232.57$ 8,055.43$ - 64,997.97 *Plus $487.50 from new applicant fees Jul -$ 38,735.20$ 8,656.41$ - 1,454.65$ 2,424.94$ 7,021.02$ - 58,292.22 Aug 3,243.53$ 37,858.46$ 9,632.33$ - 1,508.65$ -$ 8,218.36$ - 60,461.33 Sep 3,308.50$ 148,002.54$ 23,236.48$ - 1,581.31$ 4,042.73$ 8,470.20$ - 188,641.76 36,062.25$ 555,375.24$ 137,411.22$ -$ 18,344.41$ 29,576.34$ 97,462.78$ -$ 685,590.48$ Total Mo. Franchise Annual Permit Fee Monthly Franchise Permit Application Fee 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 Tropical Sanitation Inc Up-Waste LLC 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 1,085.01$ 13,120.89$ 3,121.76$ - 575.69$ 1,077.53$ 2,685.15$ - 21,666.03$ * Plus $162.50 from new applicant fees Jul -$ 12,911.73$ -484.88$ 808.31$ 2,340.34$ - 16,545.26$ Aug 1,081.18$ 12,619.49$ 3,210.78$ - 502.88$ -$ 2,739.45$ - 20,153.78$ Sep 1,102.83$ 49,334.18$ 7,745.50$ - 527.11$ 1,347.58$ 2,823.40$ - 62,880.60$ 12,020.76$ 185,125.07$ 42,918.30$ -$ 6,114.81$ 9,858.80$ 32,487.62$ -$ 225,644.76$ 49,158.01$ 741,575.31$ 180,329.52$ -$ 25,534.22$ 40,510.14$ 131,025.40$ 650.00$ 1,168,782.60$ Monthly Franchise Total Mo. Franchise Total Receipts Master Capital Projects Summary 09.30.25 - In progress 10.8.25 Prelim - September 30, 2025 Capital Project Report Summary: Fund Sum of Original Budget Sum of Amended Budget Sum of FY25 Encumbrances Sum of FY25 Expenses Sum of Remaining Budget 103 3,571,066.00 1,701,959.50 (635,075.80) (1,248,781.17) 2,788,960.03 301 14,376,676.29 6,218,962.22 (1,994,201.10) (4,324,410.58) 8,583,490.58 302 24,704,466.88 2,707,636.00 (11,593,775.36) (11,805,458.26) 406,060.38 401 648,723.00 (265,540.00) 383,183.00 402 3,936,558.88 10,042,467.00 (14,796,882.06) (866,708.39) 8,459,713.01 403 11,701,215.00 3,972,016.45 (521,991.18) (3,433,437.89) 4,700,400.84 415 2,189,333.53 277,086.00 (633,901.70) (743,555.08) 1,193,357.75 505 209,153.50 - 303 42,408,735.00 49,798.00 (26,743,357.41) (10,522,085.09) 5,193,090.50 Grand Total 103,745,928.08 24,704,385.17 (56,919,184.61) (32,944,436.46) 31,708,256.09 Details: Fund Project Name Revenue Source Project Phase/Status Grant Expiration Sum of Original Budget Sum of Amended Budget Sum of FY25 Encumbrances Sum of FY25 Expenses Sum of Remaining Budget 103 CDBG 48th Yr Solar Lights CDBG Design 9/30/2023 177,575.00 - HMGP - City Hall Wind Retrofit and Generator Project HMGP Design 6/30/2024 2,405,500.00 (369,087.70) (114,288.89) 1,766,305.41 HMGP - Fire Rescue Station # 1HMGP, City Match Construction 7/31/2024 165,868.00 850,720.00 (49,587.50) (845.00) 850,720.00 HMGP Hardening Grant PoliceHMGP Design 5/31/2024 264,000.00 (202,961.59) (3,100.00) 48,438.41 Mullikin Park FDEP Design 6/30/2025 362,623.00 755,739.50 (13,439.01) (1,050,797.28) 2,996.21 Vulnerability Assessment FDEP (blank)(blank)95,500.00 95,500.00 - (54,750.00) 95,500.00 Watershed Master Plan FEMA (blank)9/30/2024 100,000.00 - (25,000.00) 25,000.00 301 Beach Revitalization II Capital Construction (blank)925,000.00 780,798.00 (200.00) 421,887.98 Boisy Waiters Park Master PlanCapital Design (blank)100,000.00 100,000.00 City Hall Modernization Capital Design (blank)2,700,000.00 (213,162.25) (2,337.60) 2,355,485.35 City Hall Park Capital Construction (blank)150,000.00 (1,500.00) (121,690.98) 1,809.02 Corridor Master Plan Capital Design (blank)788,000.00 467,000.00 (352,887.97) (105,433.28) 796,678.75 IT Parker Renovations Facilities, Flood Construction (blank)125,000.00 825,573.22 - (343,172.04) 0.96 LPR System Capital (blank)(blank)600,000.00 (242.22) (595,747.05) 4,010.73 Nyberg Swanson (Women's Club)Capital Construction (blank)2,500,000.00 647,987.00 (161,640.22) (996,751.44) 1,440,736.91 Oasis XV - Capital Fund Capital NA (blank)270,000.00 270,000.00 Olsen Middle School Capital Design (blank)2,250,000.00 (472,125.00) (469,515.00) 1,308,360.00 Roadway and Median ElectricalCapital Construction (blank)1,475,000.00 (163,460.44) (269,836.56) 569,805.42 Sidewalk Masterplan Tier 1Capital, ARPA, GF Construction (blank)400,000.00 422,604.00 0.49 Solar Street Lighting Capital, Bank Loan Construction (blank)1,305,462.00 1,600,000.00 (54,873.88) (443,202.00) 1,013,316.12 Southeast 5th Ave CrosswalkCapital Construction (blank)200,000.00 - Road and Street Facilities Capital (blank)(blank)90,302.00 (1,968.81) (3,623.99) 0.80 Building Bank Loan, Capital Construction (blank)1,622,912.29 (558,925.31) (967,835.64) 3.05 CSLIP Cycle 9 Bank Loan, Capital Construction (blank)350,000.00 (13,415.00) (5,065.00) 301,395.00 302 CW Thomas Park Phase 1 Bank Loan, Capital Construction (blank)24,704,466.88 607,636.00 (10,053,492.86) (11,568,580.76) 83,220.38 EOC Building Project Capital (blank)(blank)- - PJ Meli Improv Capital (blank)(blank)2,100,000.00 (1,540,282.50) (236,877.50) 322,840.00 401 AMI Water Meter System Water Design (blank)265,540.00 (265,540.00) - NW 1st Ave Water Main StirlingWater Design (blank)383,183.00 383,183.00 402 HMGP Lift Stations HMGP Construction 9/30/2026 499,800.00 10,038,454.00 (9,276,055.88) (620,747.67) 0.45 Master Capital Projects Summary 09.30.25 - In progress 10.8.25 402 I&I Mainline Repairs Sewer Construction (blank)2,041,450.00 (1,450,936.18) (245,960.72) 0.10 Lift Rehabs 5,7,10 Sewer Construction (blank)1,137,594.00 (9,607.00) 120,712.95 Lift Station Mitigation Phs IIIFDEP Construction 9/30/2026 - 8,339,000.00 SCADA System Sewer Construction (blank)257,714.88 13,620.00 (0.49) Lift Station ARPA (blank)Construction (blank)- (4,069,890.00) - 403 Citywide Stormwater Masterplan Stormwater, CDBG-MITDesign (blank)1,060,000.00 16,535.00 (21,423.91) (231,598.33) - Neighborhood Drainage Improv. Transportatio n Surtax, Stormwater Construction (blank) 1,170,960.00 3,133,240.35 (400,120.52) (724,574.75) 155,881.73 PJ Meli Drainage Stormwater Construction (blank)247,340.00 (64,014.75) (71,430.25) - SE Stormwater II SRF Loan, StormwaterConstruction (blank)6,126,822.00 822,241.10 - (2,354,296.56) 3,837,799.85 SW 43 Terr Stormwater (Surtax) Transportatio n Surtax, Stormwater Construction - Grant Revenue Received Nov 2023 (blank) 2,297,468.00 0.26 SE Stormwater Phase I Stormwater Construction (blank)798,625.00 (36,432.00) (51,538.00) 706,719.00 415 Pier Refurbishing Pier, GF Loan Construction (blank)1,487,238.38 277,086.00 (211,000.00) (144,941.98) 886,144.02 Parking Facility Pier, GF Loan Construction (blank)172,016.48 - (3,391.20) (448,118.10) 17,490.70 City Center Garage Pier, GF Loan Construction (blank)75,286.67 - (111,033.50) (4,180.00) 289,723.03 Restroom and Storage FacilityPier, GF Loan Construction (blank)454,792.00 - (308,477.00) (146,315.00) - 505 City Hall Restrooms Facilities Construction (blank)209,153.50 - 405 Pier Refurbishing Pier, GF Loan Construction (blank)500,000.00 1,022,129.39 - 303 Stormwater Phase II Bond, Capital Construction (blank)42,408,735.00 49,798.00 (26,743,357.41) (10,522,085.09) 5,193,090.50 Grand Total 104,245,928.08 25,726,514.56 (56,919,184.61) (32,944,436.46) 31,708,256.09 # 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 10 $1,119 June 10 $4,323 1 $4 3 $482 July 1 $2,000 1 $50 2 $147 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 26 $86,885 July 5 $9,740 18 $47,175 28 $107,175 August 8 $19,610 25 $57,400 28 $105,840 September 6 $12,030 17 $59,485 13 $37,220 $41,380 $499,090 $922,730 FY 2023 FY 2024 FY 2025 0 20,000 40,000 60,000 80,000 100,000 120,000 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 20 $711 10 $385 9 $208 July 14 $385 9 $198 2 $0 August 9 $208 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 31 $1,315,746 June 30 $584,435 30 $883,247 July 31 $1,062,320 31 $1,569,315 August 31 $1,020,856 31 $1,209,483 September 30 $715,255 30 $1,218,265 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 1,200,0001,400,000 1,600,000 1,800,000 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 305 $20,364 168 $13,708 216 $16,773 July 323 $26,360 183 $3,038 125 $6,317 August 7 -$2,390 233 $9,575 242 $15,031 September 218 $7,421 240 $11,545 FY 2023 -5,000 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 103,900 70,024 74,100 July 112,100 79,388 67,100 August 116,600 100,130 67,700 September 118,000 123,562 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 403 391 508 July 347 331 321 August 382 250 501 September 697 378 499 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%41.2%38.8%41.4% 38.9% Smartphone 55.3%53.4%57.9%57.4%54.4%56.6%54.0%57.3%56.8%47.9%55.9% 59.0% Tablet 2.2%1.8%2.3%2.1%1.9%2.0%1.6%2.3%1.5%7.3%2.3% 1.6% Other 0.0%0.6%0.0%0.5%0.0%0.7%0.5%20.0%0.1% 0.4% 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 11,638 11,809 12,351 2022-2023 July 12,211 12,019 10,843 August 11,330 11,919 11,775 September 10,853 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 1275 1008 890 July 1302 1019 886 August 1304 1026 901 September 1316 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 2026 October 15,527.43$ 14,452.23$ November 18,366.36$ 11,121.83$ December 14,241.27$ 11,401.43$ January 14,970.22$ 12,953.63$ February 63,105.28$ 15,069.97$ March 14,515.99$ 12,091.93$ April 13,719.58$ 10,302.51$ May 13,475.10$ 12,472.31$ June 12,233.19$ 15,266.47$ July 8,793.66$ 14,865.64$ August 14,057.62$ 14,014.91$ September 11,940.57$ 13,041.75$ FY 2026 FY 2024 FY 2025 $- $5,000.00 $10,000.00 $15,000.00 $20,000.00 Kiosk FY 2025 FY 2024 FY 2026 Out of Business/Inactive # of BTRs Dollar Amount Tomassi, Andrea 1 31.50$ Bella's Salon 1 372.50$ Cavastone LLC 1 460.00$ Finish Line Feeds Inc 1 477.50$ Garneay, Marin 1 31.50$ IH3 Property Floprida LP 1 31.50$ Invest in AC LLC 1 31.50$ Jamrock Properties & Interior Design LLC 1 236.25$ Joseph Perry 1 31.50$ Hollywood Medical Alliance LLC 1 546.25$ Oil Spill Response USA Inc 3 1,785.00$ Perla Hernandez 1 236.25$ Kercado Martes, Rafael 1 236.25$ Total Out of Business/Inactive 15 4,507.50$ New Approved Applications # of BTRs Dollar Amount 334 SW 14 ST LLC 1 94.50$ Adi Gal PA 1 196.50$ Ails Retail LLC 1 1,465.00$ Alfredo Caballero 1 236.25$ Bankers Life & Casualty Company 1 183.75$ J & J Nails Spa LLC 1 467.50$ Bittonart LLC 1 520.00$ Clip City Barbershop LLC 1 730.00$ Diviwerk LLC 1 131.25$ Dongal Investments LLC 1 354.38$ Exotic Coach Lines LLC 1 1,223.75$ Fritznie Jarbath 1 236.25$ Guaranteed Investment LLC 1 392.50$ ILG Painting Corp 1 210.00$ Ina Mitskevch 1 63.00$ Janet Ng 1 31.50$ Jonathan Houde 1 31.50$ Karen Nails Studio 1 493.75$ Hana Group Franchising LLC 1 131.75$ Manhattan Life Insurance and Annuity Company 1 183.75$ Marina Prime Time LLC 2 94.50$ McDougall Medtech LLC 1 826.88$ MT Vacation Villas LLC 1 236.25$ Nelson Groups LLC 1 94.50$ Old Republic General Insurance Corporation 1 183.75$ Sharon Law PLLC 1 451.25$ Guarenteed Investment II LLC 1 377.00$ Sunshine Garage Doors 1 170.50$ Tropeka Inc 1 506.75$ Vapor Life 6 LLC 1 1,265.00$ Wilson Erazo 1 31.50$ Xanadu Beauty Academy 1 480.50$ Total New Applications 33 12,095.26$ BTR Status # of BTRs Total Dollar Amount Open Renewals- Current Year 339 125,528.55$ Paid Renewals 3,005 1,060,906.76$ Total BTRs as of 09/30/2025 3,344 1,186,435.31 ** **includes license fee, fire inpsection & solid waste registration Business Tax Receipt Activity - September 2025 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 1680.00 .00 .00 .00 2380.00 4,060.00 #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 1680.00 .00 .00 .00 5240.00 6,920.00 #6121 - Christine Smith Reservation of Burial Plot .00 .00 .00 .00 1500.00 1,500.00 #6244 - Broward Funeral Home Reservation of Burial Plot .00 1680.00 .00 .00 .00 1,680.00 #6254 - Samuel Funeral Home Reservation of Burial Plot .00 3990.00 .00 .00 .00 3,990.00 #6173 - Pax Villa FH Miami Reservation of Burial Plot .00 .00 .00 .00 3990.00 3,990.00 #6071 - Bells Funeral Services Reservation of Burial Plot .00 .00 .00 .00 4615.00 4,615.00 #5477 - Paradise Funeral Home LLC Reservation of Burial Plot .00 3990.00 .00 .00 .00 3,990.00 #4165 - Roy Mizell & Kurtz Funeral Reservation of Burial Plot .00 7980.00 .00 .00 .00 7,980.00 #4246 - Fuller Brothers Funeral Home Reservation of Burial Plot .00 1680.00 .00 .00 .00 1,680.00 #6070 - Elijah Bells Funeral Home Reservation of Burial Plot .00 3990.00 .00 .00 .00 3,990.00 #6255 - Johnsons Memorial Chapel Reservation of Burial Plot .00 2570.00 .00 .00 .00 2,570.00 #4159 - Nakia Ingraham Funeral Home Reservation of Burial Plot .00 3990.00 .00 .00 .00 3,990.00 #6188 -New Beginnings Funeral Home Reservation of Burial Plot .00 3990.00 .00 .00 .00 3,990.00 #4203 - McWhite's Funeral Home Reservation of Burial Plot .00 .00 .00 .00 3990.00 3,990.00 # 4786 - Dillard Josephine Reservaton of Burial Plot .00 .00 .00 .00 200.00 200.00 Cemetery Totals $3,360.00 $33,860.00 $0.00 $0.00 $45,905.00 $83,125.00 Bulk Trash Pickup 60.00 450.00 300.00 180.00 17474.00 18464.00 Bulk Trash Pk Up $60.00 $450.00 $300.00 $180.00 $17,474.00 $18,464.00 Miscellaneous FA Customers BSO & Fire False Alarms .00 .00 .00 .00 2,025.00 2,025.00$0.00 $0.00 $0.00 $0.00 $2,025.00 $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 .00 .00 3,000.00 3,000.00 #6168 - Florida Dept. of Emergency 2024-00000003 .00 .00 .00 .00 50,000.00 50,000.00$0.00 $0.00 $0.00 $0.00 $348,067.51 $348,067.51 #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 40,021.76 6,000.00 10,000.00 22,384.66 67,349.43 145,755.85 $40,021.76 $6,000.00 $10,000.00 $22,384.66 $87,591.43 $165,997.85 $43,441.76 $40,310.00 $10,300.00 $22,564.66 $1,876,128.09 $1,992,744.51Grand Totals Invoice Type MS - Miscellaneous Miscellaneous Totals Grant Federal Totals Grant Federal Totals Invoice Type GR State - Grant Reimb. State of Florida Invoice Type LM - Lake Maintenance Lake Maintenance Totals Invoice Type GR Federal - Grant Reimb. Federal Government False Alarm Totals Invoice Type FI - Fire Inspection Miscellaneous Billing Invoice Aging Report Aging Date 09/30/2025 Report By Invoice Type Fire Inspection Totals Invoice Type FA- False Alarm Invoice Type - CEM - Cemetery Invoice Type - BULK Trash Pk Up - Notice of Violation 5 Prior Yr. 2024 2025 2024 2025 2024 2025 Oct 3,114.00 44,966.16 1,450.00 3,125.00 2,660.00 3,010.00 602.00 45 47 Nov - - 1,557.00 2,865.00 2,890.00 578.00 35 39 Dec 6,228.00 19,168.00 - 1,550.00 2,630.00 2,103.20 420.64 59 48 Jan - - 2,995.00 3,846.56 769.31 40 48 Feb 10,241.00 26,469.00 - 1,450.00 2,850.00 3,540.00 708.00 55 40 Mar 1,557.00 3,114.00 1,450.00 2,900.00 2,770.00 2,899.76 579.95 40 50 Apr - 3,114.00 - 4,550.00 2,255.00 2,685.00 537.00 57 58 May 2,900.00 1,557.00 - 1,450.00 2,480.00 2,560.00 512.00 67 56 Jun 12,456.00 - 1,750.00 9,435.00 3,005.00 2,990.00 598.00 54 39 Jul - - 75.00 - 2,640.00 2,945.00 589.00 57 43 Aug 63,837.00 - 1,935.00 - 2,705.00 2,930.00 586.00 48 48 Sept 196,961.00 - 2,900.00 3,065.00 3,330.00 666.00 39 56 Total 297,294$ 98,388$ 9,560$ 26,017$ 32,920$ 35,730$ 7,146$ 596 572 12% # 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%249,600 1,347,560 19% July 190,677 1,288,709 15%261,459 1,298,366 20%261,524 1,286,366 20% August 198,874 1,252,551 16%252,820 1,250,659 20%262,031 1,315,852 20% September 203,881 1,235,287 17%360,091 1,263,892 28%241,204 1,003,628 24% Annual Avg 189,584$ 1,213,796$ 16% 245,608$ 1,269,983$ 19% 267,077$ 1,223,101$ 22% 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%441,615 8% July 397,219 404,194 2%432,075 6% August 396,674 407,690 3%436,935 7% September 387,690 409,329 5%439,047 7% Annual Avg 389,328$ 399,398$ 3%424,951$ 6% 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 340,000 360,000 380,000 400,000 420,000 440,000 460,000 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 (Audited) 250,000$ 23,925,117$ (Uses) / Additions: October - 499,683 November - - December - - January (2,300) 177,000 February (6,000) - March (9,000) 50,000 April (9,800) - May - - June - - July (2,500) - August - - September - - Sub-Total (Uses) / Additions (29,600) 726,683 Sub-Total Available 220,400 24,651,800 Other Considerations GFOA/City Commission 25% Reserve (20,939,710) Estimate of Availability at 09/30/2025 220,400$ 3,712,090$ City of Dania Beach #001-18-00-519-99-10 Contingency Account Original Budget 200,000$ Amendment 50,000 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 (2,500) 17th Annual Climate Summit Sponsorship August - September - Balance Remaining 220,400$ City of Dania Beach General Fund Analysis of Fund Balance Balance 10/1/24 23,925,117 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 09/30/25 24,651,800$ Other Considerations GFOA/City Commission 25% Reserve (20,939,710) est. Estimate of Availability at 09/30/25 3,712,090 Dania Beach Housing Authority Members 13-J a n - 2 5 10-F e b - 2 5 17-M a r - 2 5 14-A p r - 2 5 12-M a y - 2 5 6/9 / 2 0 2 5 - M E E T I N G C A N C E L E D 14-J u l - 2 5 11-A u g - 2 5 8-Se p - 2 5 13-O c t - 2 5 10-N o v - 2 5 We d . D e c e m b e r 1 8 , 2 0 2 4 TOT A L U N E X C U S E D A B S E N C E S TOT A L E X C U S E D TOT A L A B S E N C E S Bob Adams Present Present Present Present Present Present Present Present 0 0 0 Amarilla Ivie Cure Absent Absent Resigned 2/18/25 2 0 2 Rosalind Curry Absent Absent Resigned 2/14/25 2 0 2 Douglas Hasty Not Yet Appointed Not Yet Appointed Present Present Present Present Excused Absent Present 0 1 1 Albert Jones Not Yet Appointed Absent Present Absent Excused Absent Present Present Excused Absent 2 2 4 Gail Wooten Jones Not Yet Appointed Not Yet Appointed Present Present Present Excused Absent Excused Absent Excused Absent 0 3 3 Polly Jones Mosely Present Present Present Present Present 0 0 0 Dr. Bennie Moultry Appointed but no contact Present Present Present Present Absent Present Present 1 0 1 Celeste Oatman Present Present Present Present Present Present Excused Absent Present 0 1 1 Education Advisory Board Members Jan u a r y 6 t h Feb u r a r y 3 r d Ma r c h 3 r d Apr i l 7 t h Ma y 5 t h Jun e 2 n d July 7 t h Aug u s t 4 t h Sep t e m b e r 8 t h Oct o b e r 6 t h Nov e m b e r 3 r d Dec e m b e r 1 s t TOT A L U N E X C U S E D ABS E N C E S TOT A L E X C U S E D TOT A L A B S E N C E S Alicia Dillard Absent Absent Present No Response Present N/A N/A N/A N/A N/A Monique Bourgery Absent Absent Present Confirmed to attend Present N/A N/A N/A N/A Confirmed to attend Patricia Silva Absent Absent Absent Absent Absent N/A 5 1 Lorraine Reed Absent Absent Present Doctors Appt. Excused Absence Doctors Appt. Excused Absence N/A N/A N/A N/A Doctors Appt. Excused Absence Samantha Bostwick Absent Absent Present Confirmed to attend Showed up 30 minutes late due to traffic N/A N/A N/A N/A Postpartum Recovery Excused No Quorum Established No Quorum Established Quorum Established No Quorum Established No Quorum Established Summer Reccess Summer Reccess Summer Reccess Summer Reccess No Quorum Established GAB Attendance Roster Members 1/1 5 / 2 0 2 5 2/1 9 / 2 0 2 5 3/1 9 / 2 0 2 5 4/1 6 / 2 0 2 5 5/2 1 / 2 0 2 5 6/1 8 / 2 0 2 5 7/1 6 / 2 0 2 5 8/2 0 / 2 0 2 5 9/1 7 / 2 0 2 5 10/ 1 5 / 2 0 2 5 11/ 1 9 / 2 0 2 5 12/ 1 7 / 2 0 2 5 TO T A L U N E X C U S E D A B S E N C E S TO T A L E X C U S E D Michael Porter Present Absent Present Absent Absent 0 3 Brandy Oliver Present Absent Absent Present Absent 1 2 Rene Buck Absent Present Present Present Present 0 1 Joanna Davis Present Present Present Present Present 0 0 Laura Lombardo Present Present Absent Present Present 0 1Me e t i n g C a n c e l l e d N o Qu o r u m Me e t i n g C a n c e l l e d N o Qu o r u m Me e t i n g C a n c e l l e d N o Qu o r u m Me e t i n g C a n c e l l e d N o Qu o r u m General Employees Pension Members 2/5 / 2 0 2 5 5/7 / 2 0 2 5 8/6 / 2 0 2 5 11/ 5 / 2 0 2 5 Dat e o f m e e t i n g Dat e o f m e e t i n g Dat e o f m e e t i n g Dat e o f m e e t i n g Dat e o f m e e t i n g Dat e o f m e e t i n g Dat e o f m e e t i n g Dat e o f m e e t i n g TOT A L U N E X C U S E D A B S E N C E S TOT A L E X C U S E D TOT A L A B S E N C E S Corinne Lajoie Present Present Present Cathy David Present Absent Present Darren Greene Present Present Present Yeimy Guzman Present Present Jim Rizzo Present Present Present Marine Advisory Board MARINE ADVISORY BOARD Members Jan u a r y 1 5 , 2 0 2 5 Feb r u a r y 1 9 , 2 0 2 5 Ma r c h 1 9 , 2 0 2 5 (No Q u o r u m - N o Me e t i n g ) Apr i l 1 6 , 2 0 2 5 Ma y 2 1 , 2 0 2 5 ( N o M e e t i n g - Can c e l e d ) Jun e 1 8 , 2 0 2 5 July 1 6 , 2 0 2 5 Aug u s t 2 0 , 2 0 2 5 Sep t e m b e r 1 7 , 2 0 2 5 Oct o b e r 1 5 , 2 0 2 5 Nov e m b e r 1 9 , 2 0 2 5 Dec e m b e r 1 7 , 2 0 2 5 TOT A L U N E X C U S E D A B S E N C E S TOT A L E X C U S E D TOT A L A B S E N C E S Stacy Brown Present Present Present Present Present Present Present Absent 1 0 1 Robert Ostrov Present Absent N/A Present Present Absent Absent Absent 4 0 4 Michael Porter Present Present N/A Absent Present Absent Absent Present 3 0 3 Gregory Ralston Present Present N/A Present Absent Present Absent Absent 3 0 3 Anthony Thackham Absent Present Present Present Absent Absent Present Present 3 0 3 PAAB MEMBER ATTENDANCE 2025 PAAB Term 1/27/2025 2/24/2025 3/17/2025 4/14/2025 5/19/2025 6/16/2025 7/21/2025 8/18/2025 9/8/2025 10/20/2025 11/17/2025 12/15/2025 Annual Total Kelly Sharaby 2-year initial term (June 2026)P P E P P Lilli Schipper 3-year initial term (June 2027)P E P P P Joanna Granett 3-year initial term (June 2027)P P P P P Meaghan Kent 2-year initial term (June 2026)P P P P E Lloyd Goradesky 2-year initial term (June 2026)E P E P P Marc Aptakin 2-year initial term (June 2026)P P E P P Jennifer Love Gironda 2-year initial term Option for (November 2025) additional 2-year term P P P P P P = PRESENT A = ABSENT E= EXCUSED M E E T I N G C A N C E L L E D M E E T I N G C A N C E L L E D M E E T I N G C A N C E L L E D M E E T I N G C A N C E L L E D Page 1 Parks and Recreation Board Members 21- J a n 18- F e b 18- M a r 15- A p r 20- M a y Sum m e r b r e a k r e c o n v e n e S e p t e m b e r 16- S e p 21- O c t 18- N o v 16- D e c Dat e o f m e e t i n g Dat e o f m e e t i n g TOT A L U N E X C U S E D A B S E N C E S TOT A L E X C U S E D TOT A L A B S E N C E S Keith Roberts (Chair)Present Present Present Present Present Present Present N/A 0 0 0 Richard Aube (Vice Chair)Present Absent Present Absent Tardy Tardy Absent Excused N/A 2 1 3 Victoria Roeser Present Presnt Present Excused Absent Tardy Present Absent N/A 1 1 2 Andy Li Present Present Present Present Present Present Present N/A 0 0 0 John Mode Excused Absent Present Excused Absent Present Present Excused Absent Present 0 3 3 Jeff Hansen (Alternate) Not Appointed yet Present Absent Present Present Present Present N/A 0 1 1 Police Fire Attendance Dania Beach Police & Fire Fighters Retirement System Board of Trustees Trustee Attendance 2024 P= Present, A= Absent, AX= Absence Excused by phone, letter, fax or E-mail 9th Meeting Date Chairman Vice Chair FF Retired Police Rae Patricia David Dean member elected 2024 Rogers Neal Sieb Tarrant Lair Fuccile Nuby, Jr Harley Carolyn Jones JAN.22 P AX P P AX P P P AX FEB.26 P P AX P P P AX P AX Mar.18 cancelled APRIL.15 P P AX P P P P P AX May.20 cancelled NEW Al Jones JUNE.17 AX P AX P P P P P P JULY.15 cancelled AUG. 19 P P P P P AX P P P Sept.16 cancelled Oct. 21 cancelled P AX AX P P P P P P Nov.18 no quorum P P webex AX P webex P AX AX P P 17-Aug P P AX P P P P P AX 21-Sep P AX AX P AX AX P P P Oct cancelled 16-Nov P P AX P P P P P P Dec cancelled Pres/Abs ent 2025 Rogers Neal Sieb Tarrant Lair Fuccile Nuby, Jr Harley Jones 25-Jan P P AX P P P P P AX 15-Feb P P P AX P P AX AX AX 3/24/2025 cancelled 14-Apr P P P P P AX P P P 19-May P P AX AX P P P P P 9-Jun P P P AX P P P P P 7/21/2025 cancelled 18-Aug P P P P P AX AX P P 9.15.25 cancelled 20-Oct 17-Nov 15-Dec MEMBER ATTENDANCE YR 2025 P&Z BOARD Date Appointed 1/1 5 / 2 0 2 5 2/1 9 / 2 0 2 5 3/1 9 / 2 0 2 5 4/1 6 / 2 0 2 5 5/2 1 / 2 0 2 5 6/1 8 / 2 0 2 5 7/1 6 / 2 0 2 5 8/2 0 / 2 0 2 5 9/1 7 / 2 0 2 5 10/ 1 5 / 2 0 2 5 11/ 1 9 / 2 0 2 5 12/ 1 7 / 2 0 2 5 Annual Total Sascha Rauhe 12/10/2024 E P P E P E P W. Quin Robertson 12/10/2024 P P E P P E P Randall Wright 12/10/2024 P P P P P P E Gabriel De Las Salas 1/14/2025 P P P P P P P Joanna Granett 1/28/2025 P P P P P P P Brandy Oliver 01/14/25-09/2025 P Tobin Silver 1/14/2025 P P P P P = PRESENT A = ABSENT E= EXCUSED Meeting Cancelled Meeting Cancelled Page 1 MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, OCTOBER 14, 2025 - 7:00 P.M. 1. CALL TO ORDER/ROLL CALL Mayor Davis called the meeting to order at 7:00 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 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. City Attorney Boutsis read the Statement of Decorum. 3. PRESENTATIONS AND SPECIAL EVENT APPROVALS 3.1 Special Event Application: • Blue Ridge Tree Farm Christmas Sale • Tree Om Sound Bath Meditation (Annual Application) • Rita Crockett RCBSA Grand Opening (Rescheduled Date) There was Commission consensus to approve the special event applications. 3.2 Freebee Presentation — Sponsored by Commissioner Ryan Commissioner Ryan introduced the item. Minutes of Regular Meeting Dania Beach City Commission Tuesday, October 14, 2025 – 7:00 p.m. 2 Vice President of Freebee Claudia Miro presented a PowerPoint presentation on Freebee and how it works and can be used within the City. 3.3 Request for Proclamation Approval — Florida City Week, October 20–26, 2025 — Sponsored by Mayor Davis There was consensus to approve the proclamation request. 4. PROCLAMATIONS 4.1 Domestic Violence Awareness Month - October 2025 - Sponsored by Mayor Davis Commissioner Lewellen read the proclamation into the record. 4.2 Breast Cancer Awareness Month - October 2025 - Sponsored by Mayor Davis Mayor Davis read the proclamation into the record and presented the proclamation to former Mayor Bobbie Grace. Former Mayor Grace spoke and thanked everyone for the recognition. 4.3 Cybersecurity Awareness Month - October 2025 - IT Department City Attorney Boutsis read the proclamation into the record, and the proclamation was introduced to the IT Department. Director of IT Darryl McFarlane thanked the Commission for the recognition and reminded everyone of the importance of cybersecurity awareness. 4.3 Florida City Week - October 20-26, 2025 - Sponsored by Mayor Davis Mayor Davis read the proclamation into the record. 5. ADMINISTRATIVE REPORTS 5.1 City Manager City Manager Garcia provided her administrative report and touched on the following: - Commendations to Broward Sheriff’s Office, Parks and Recreation, and Marketing and Communications teams - Dania After Dark – Oktoberfest - Olsen Middle School remaining open - Update on C.W. Thomas Park - Meeting with Calvin Giordano and Associates regarding Chester Byrd Park design - Frost Park re-sod and re-grade - Update on Gulfstream Road - Commendations to Fernando Rodriguez and Sean Schutten for their proactive efforts - 1st Annual Serving Joy Food Distribution - Grand Opening/Ribbon Cutting for 101 Dania - Grant application for Dania Cove Park - Commencement of SW 34th Terrace drainage project Minutes of Regular Meeting Dania Beach City Commission Tuesday, October 14, 2025 – 7:00 p.m. 3 5.2 City Attorney City Attorney Boutsis had nothing to report. 5.3 City Clerk - Reminders City Clerk Riera reminded the Commission of the following upcoming meetings: - October 28, 2025 - City Commission Meeting - 7 p.m. - November 18, 2025 - CRA Board Meeting - 6 p.m. - November 18, 2025 - Commission Meeting - 7 p.m. 6. PUBLIC SAFETY REPORTS Mayor Davis allowed a student speaker to speak prior to the public safety report regarding a safety request for students. - Caleb Laroff – 106 SE 4th Terr. Captain Tarala addressed Mr. Laroff and stated that deputies would be assigned to the area tomorrow. He provided the following updates: an arrest made by the Threat Management and CST Units; continued patrols in City parks, including an arrest at Chester Byrd Park; the successful implementation of the Oktoberfest security plan; security coverage for the recent 5K run and Friday and Saturday operations at Dania Pointe; and preparations for the International Soccer Teams staying in the City. Captain Tarala also noted that area checks continue at local Jewish institutions. He informed the Commission that Deputy Reyes of the Homeless Outreach Team has been promoted to Detective and will be leaving the City. Detective Reyes is expected to attend the next meeting to say goodbye. He noted the department will begin interviews shortly for his replacement. Fire Chief Pellecer reported on the partnership with the Department of Transportation and said they recently hosted a multi-agency meeting and tabletop exercise at Fire Station 17 focusing on the new I-95/I-595 ramp construction. Fire units toured the new construction area to ensure familiarity for emergency response. Chief Pellecer commented on the success of the Dania Beach 5K and expressed appreciation to Mayor Davis for being his walking partner. He also thanked the City for its continued support, noting that all fire units are now being equipped with new touchscreen radios that are easier to use in the field and automatically update. He announced plans to present the Firefighter of the Year at an upcoming Commission meeting. 7. CITIZENS’ COMMENTS - There were no citizens’ comments. Minutes of Regular Meeting Dania Beach City Commission Tuesday, October 14, 2025 – 7:00 p.m. 4 8. CONSENT AGENDA Vice Mayor Salvino made a motion to approve the consent agenda. The motion was seconded by Commissioner Lewellen which carried unanimously on voice vote. 8.1 Minutes: September 25, 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, REPEALING RESOLUTION NO. 2025-082, ADOPTED ON JUNE 10, 2025; AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A REVISED SUBSTITUTE AGREEMENT WITH FLORIDA EAST COAST RAILWAY, L.L.C. (FECR) AND BRIGHTLINE TRAINS FLORIDA, LLC TO INCLUDE UPDATED LANGUAGE REQUESTED BY THE PARTIES RELATING TO THE BROWARD COUNTY SEALED CORRIDOR PROJECT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (Public Services) Approved under consent agenda. 8.4 Approval for Use of City Logo – Rita Crockett Beach Sports Academy - Parks & Recreation Approved under consent agenda. 8.5 Request for Use of Discretionary Funds – Rita Crockett Beach Sports Academy – Sponsored by Mayor Davis Approved under consent agenda. 8.6 Request for Use of Discretionary Funds to Support the Dania Beach Lions Club - Moonlight Car Show, March 21, 2026 - Sponsored by Commissioner Rimoli Approved under consent agenda. 9. BIDS AND REQUESTS FOR PROPOSALS There were none. 10. QUASI-JUDICIAL HEARINGS 10.1 (This item will be taken after Agenda Item 12.1) RESOLUTION NO. 2025-_____ Minutes of Regular Meeting Dania Beach City Commission Tuesday, October 14, 2025 – 7:00 p.m. 5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PLAT NOTE AMENDMENT (DR-007-25) FOR THE “DANIA POINTE” PLAT; SUBMITTED BY DANIA LIVE 1748, LLC, DANIA LIVE 1748 II, LLC, SPIRIT AIRLINES, INC., AND DISCOUNT AUTO PARTS, LLC, FOR THE PROPERTY LOCATED NORTH OF STIRLING ROAD, EAST OF INTERSTATE 95, AND WEST OF BRYAN ROAD, WITHIN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Community Development) This item was taken with item 12.1. Motion was made after item 12.1. Commissioner Lewellen made a motion to approve the item. The motion was seconded by Vice Mayor Salvino which carried unanimously on voice vote. 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, APPROVING AMENDMENTS TO THE DANIA POINTE DESIGN DEVELOPMENT GUIDELINES (DDG) (RZ-006-25) AS TO COMMERCIAL SQUARE FOOTAGE, NUMBER OF HOTEL UNITS, ADDITIONAL RESIDENTIAL UNITS, AND OTHER MODIFICATIONS TO THE GUIDELINES, SUBMITTED BY DANIA LIVE 1748, LLC, DANIA LIVE 1748 II, LLC, SPIRIT AIRLINES, INC., AND DISCOUNT AUTO PARTS, LLC, FOR THE PROPERTY LOCATED NORTH OF STIRLING ROAD, EAST OF INTERSTATE 95, AND WEST OF BRYAN ROAD WITHIN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) This item was taken before item 10.1. City Attorney Boutsis read the title of the ordinance. Deputy Director of Community Development, Corinne Lajoie introduced the item. Mayor Davis asked for anyone wishing to speak on the item and there was none. Dennis Mele of Greenspoon Marder LLP on behalf of the applicant spoke on the item. Commissioner Lewellen made a motion to approve the ordinance on second reading. The motion was seconded by Vice Mayor Salvino which carried unanimously. 13. DISCUSSION AND POSSIBLE ACTION None. Minutes of Regular Meeting Dania Beach City Commission Tuesday, October 14, 2025 – 7:00 p.m. 6 14. APPOINTMENTS 14.1 - Green Advisory Board - 1 vacancy - Vice Mayor Salvino appointment - Education Advisory Board - 1 vacancy - Commissioner Ryan - Marine Advisory Board - 1 vacancy - Commissioner Ryan Vice Mayor Salvino nominated Marlene Zunzunegui if she is still interested in serving. There was Commission consensus to appoint Ms. Zunzunegui. Vice Mayor Salvino expressed concern on the declining attendance for the Marine Advisory Board and suggested reaching out to them to ensure their needs are met. City Clerk Riera advised that the clerk’s office will reach out to their liaison for an update at an upcoming meeting. Commissioner Ryan has nominations for both boards and is waiting for confirmation from the nominees before a final commitment. He will defer his appointments to the next meeting. 15. COMMISSION COMMENTS 15.1 Commissioner Lewellen Commissioner Lewellen commented that Dania After Dark was a roaring success and she loves seeing Cassi on Deco Drive. The event ran very smoothly and there were no issues. Commissioner Lewellen said she is happy to hear that Dr. Hepburn has said that Olsen Middle School is safe but expressed concerns with the repeated threat of shutting schools noting it harms students, parents, and enrollment. She emphasized the need for continued advocacy, contacting board members, and proposing alternatives to school closures, particularly given residents’ paying 50 million in taxes to the school board regardless of whether it is two schools or three. She shared that she was invited by the Estates of Fort Lauderdale Women’s Club to speak on women in leadership. While there, issues came up related to the City. Most of the comments were compliments to city staff and management. One woman spoke of the effective response to the 2023 flooding and improvements to the drainage system, crediting Public Services and City leadership for their efforts. 15.2 Commissioner Rimoli Commissioner Rimoli echoed Commissioner Lewellen’s comments and thanked Deputy City Manager Sosa-Cruz and Public Services. He said he is continually getting calls and texts regarding the flooding on Southeast Fifth Avenue, all he has to do is send a text and the Public Services department is on it. He read a resident’s letter commending Chris of Public Services. The resident described Chris as kind, respectful, and attentive while working near their home, even apologizing for minor disruptions and taking time to tidy the area. He thanked Deputy City Manager Sosa-Cruz, Fernando Rodriguez, Sean Schutten, and their entire team for their excellent work and positive community engagement. Commissioner Rimoli praised the Parks and Recreation team on an amazing job with Oktoberfest. He commented that he was unable to attend the 5K run at Dania Pointe as he had Minutes of Regular Meeting Dania Beach City Commission Tuesday, October 14, 2025 – 7:00 p.m. 7 committed to attending the rededication of the Christopher Columbus statue at Port Everglades, hosted by the Italian American Club. The event was well attended by local officials and provided an opportunity for him to represent the City of Dania Beach. He expressed appreciation to Dominic, a resident and active chamber member and thanked him for the invitation. 15.3 Commissioner Ryan Commissioner Ryan commented that the civic sign ceremony was great and noted plans to add a few more civic associations, including the Dania Beach Improvement Committee. He recognized resident Richard Aube for originally suggesting the idea and thanked the Commission, city staff, and Parks and Recreation for their excellent work on the project and landscaping. He said Dania After Dark was a great success and the 5K run was a great way to burn some calories the next day. It was a great way to kick off the fall season, and he looks forward to future fall events. 15.4 Vice-Mayor Salvino Vice Mayor Salvino thanked city staff and City Manager Garcia on how well-run Dania After Dark was. He said it was very impressive, and he could not believe how many people were in attendance. It is great to have these events in our City, and the City is doing a great job selecting staff as these events could not happen without them. 15.5 Mayor Davis Mayor Davis thanked City Manager Garcia and city staff for their responsiveness in accommodating a wheelchair-bound North Miami Beach resident who wanted to attend Dania After Dark, she commended their commitment to accessibility. She commented that the fourth annual 5K Fun Run was sold out and she thanked Lululemon for their sponsorship of the event. She noted over $6,000.00 was raised for the Alzheimer’s Association and thanked Dania Pointe for their partnership. Mayor Davis recognized the Lions Club, other service clubs, and Commissioner Ryan for leading the service club sign project, as well as resident Richard Aube for his early involvement. She thanked and congratulated Lou and Joy Moshakos, owners of Lucky Fish on opening their new venue, Lucky Lou’s, in Deerfield Beach. She noted she attended the grand opening of Face Foundrie a new facial spa at Dania Pointe. Mayor Davis stated that the city is thriving and expressed gratitude for the opportunity to work with her colleagues. City Attorney Boutsis commented that she reached out to the law firm employing the resident on the Planning and Zoning Board and confirmed that he can participate on the board and City Clerk Riera also clarified that he replaced the resident who moved out of state. 16. ADJOURNMENT Mayor Davis adjourned the meeting at 8:35 p.m. Minutes of Regular Meeting Dania Beach City Commission Tuesday, October 14, 2025 – 7:00 p.m. 8 ATTEST: CITY OF DANIA BEACH ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR Approved: October 28, 2025 City of Dania Beach Public Services Memorandum DATE: 10/28/2025 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: UPDATED ACCESS AND USE AGREEMENT WITH BROWARD COUNTY FOR THE SHORE PROTECTION PROJECT, SEGMENT III Request: The Public Services Department (PSD) requests Commission approval of a Resolution repealing Resolution No. 2025-007 and authorizing execution of a revised Access and Use Agreement with Broward County for the Shore Protection Project, Segment III. Background: On January 14, 2025, the City Commission approved Resolution No. 2025-007, which authorized a Temporary Access Agreement with Broward County. The agreement permitted temporary use of City-owned coastal property and the Public Services Yard for beach tilling, escarpment removal, and staging activities under the County-administered Segment III Shore Protection Project. Broward County has since revised its standard agreement format. The new Access and Use Agreement extends the term of access to November 1, 2030, and broadens the authorized scope to include the design, construction, inspection, and maintenance components of the Shore Protection Project. It also updates notice procedures, includes statutory public records language, and aligns insurance requirements with County Risk Management standards. The project remains federally authorized and managed by Broward County under a Florida Department of Environmental Protection permit. The updated agreement continues to involve no financial obligation to the City. Routine beach cleaning and maintenance will continue to be performed by the City’s Public Services Department. Budgetary Impact There is no budgetary impact to the City. Recommendation PSD recommends that the City Commission repeal Resolution No. 2025-007 and authorize execution of the updated Access and Use Agreement with Broward County for the Shore Protection Project, Segment III. This action will ensure continued intergovernmental coordination with Broward County and the U.S. Army Corps of Engineers for the ongoing coastal protection and beach renourishment efforts within the City of Dania Beach. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REPEALING RESOLUTION NO. 2025-007 AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN UPDATED ACCESS AND USE AGREEMENT WITH BROWARD COUNTY FOR THE SHORE PROTECTION PROJECT, SEGMENT III; PROVIDING FOR NO FISCAL IMPACT TO THE CITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission previously adopted Resolution No. 2025-007 on January 14, 2025, authorizing the City to enter into a Temporary Access Agreement with Broward County for the Shore Protection Project, Segment III, to allow temporary access and staging on City-owned property to support beach tilling and escarpment removal; and WHEREAS, Broward County has since updated its standard form of agreement to a new Access and Use Agreement that expands the scope of authorized activities to include the design, construction, inspection, and maintenance phases of the Shore Protection Project, Segment III, and extends the term of access through November 1, 2030; and WHEREAS, the Public Services Department and City Attorney’s Office have reviewed the proposed Access and Use Agreement and determined that it maintains the same purpose and intent as the previously approved Temporary Access Agreement, with no financial commitment required by the City; and WHEREAS, the City continues to support the County’s administration of the federally authorized Shore Protection Project and recommends approval of the updated agreement to ensure continued coordination and compliance with the Florida Department of Environmental Protection permit for beach restoration and maintenance. 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 to be true and correct and are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission hereby repeals Resolution No. 2025-007 and approves the updated Access and Use Agreement with Broward County for the Shore Protection Project, Segment III, attached and incorporated by this reference into this Resolution as Exhibit “A.” RESOLUTION #2025-_____ 2 Section 3. That the proper City officials are authorized to execute the Access and Use Agreement and any related documents necessary to implement the intent of this Resolution. Section 4. That this Resolution involves no fiscal impact to the City. Section 5. That all resolutions or parts of resolutions in conflict herewith are repealed to the extent of such conflict. Section 6. That this Resolution shall take effect immediately upon its 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 ____ ____ ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND BROWARD COUNTY FOR THE ACCESS AND USE OF CITY PROPERTY FOR THE SHORE PROTECTION PROJECT, SEGMENT III This Access and Use Agreement (“Agreement”) is entered and entered into this _____ day of ___________, 2025 between the City of Dania Beach, a municipal corporation of the State of Florida, whose address is 100 West Dania Beach Boulevard, Dania Beach, Florida 33304 (“City”), and Broward County, a political subdivision of the State of Florida, whose address is 115 South Andrews Avenue, Fort Lauderdale, Florida 33301 (“County”) (each a “Party” and collectively referred to as the “Parties”). RECITALS A. Since the inception of the Beach Management Program in the late 1960s, County has acted as the local sponsor for the U.S. Army Corps of Engineers (“Corps”) Shore Protection Project Segment III (“Segment III SPP”) through Interlocal Agreement, which includes sand replenishment projects above and below mean high water, dune projects, beach tilling, and escarpment removal. B. County holds a Consolidated Joint Coastal Permit and Sovereign Submerged Lands Authorization issued by the Florida Department of Environmental Protection (“FDEP”), Permit number 0163435-015-JC (“Permit”), as may be amended, to perform sand replenishment projects above and below mean high water, dune projects, beach tilling, escarpment removal, and other activities as part of the Segment III SPP. Facilitation of the Segment III SPP occurs at various locations, including City’s property. C. City is the owner of certain property, as defined in Exhibit A of this Agreement (“Property”). City previously authorized County to access and use its Property to perform beach tilling and escarpment removal activities required by the FDEP Permit. D. County desires continued access on, over, across, and through the Property for the purpose of facilitating the design, construction, installation, inspection, and maintenance of the Segment III SPP. E. County also desires authorization to utilize portions of the Property marked “Staging Areas” to stage and store vehicles and equipment overnight that are necessary to facilitate the Segment III SPP. F. City desires to continue the County’s access and use of the Property in accordance with the terms set forth herein so that County may help facilitate and complete the Segment III SPP. NOW, THEREFORE, in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00), the mutual promises and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Page 2 of 11 1. Recitals. The foregoing recitals are true and correct and such recitals are incorporated herein by reference. 2. Grant of Access. City hereby grants unto County, its contractors, subcontractors, consultants, and employees access on, over, across, and through the Property to perform Segment III project activities as well as inspection and monitoring of the same and any incidental uses necessary thereto, during the term of this Agreement as hereinafter described. Specifically, the County and its contractors, subcontractors, consultants, and employees are authorized to facilitate the Segment III project defined in Exhibit A. County and its contractors, subcontractors, consultants, and employees may stage and store equipment and vehicles overnight at the staging and storing locations described in Exhibit A and indicated on the map. Beach access points are not needed as of the Effective Date of this Agreement. However, if during the course of the project, County determines that beach access points are necessary, the Parties may amend this Agreement, in accordance with Paragraph 16, to authorize County and its contractors, subcontractors, consultants, and employees to access the beach at specified locations. 3. Term. The Agreement shall be effective as of the date it is fully executed by the Parties (“Effective Date”) and shall continue until November 1, 2030. 4. Obligation to Restore. City will continue to be responsible for regular maintenance of the Segment III SPP, including, but not limited to, trash pickup, mechanical beach cleaning, and dune maintenance. However, if the Property or any property located thereon is damaged by County or County’s contractors, subcontractors, consultants, or employees as a result of their entry upon or use of the Property, County shall, at its expense, promptly and with due diligence restore and repair the damaged portion(s) of the Property or property located thereon to the same condition as existed prior to County’s use of the Property. 5. Termination. This Agreement may be terminated: a. 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. If County erroneously, improperly, or unjustifiably terminates this Agreement for cause, such termination shall be deemed a termination for convenience in accordance with Section 5(c). b. For convenience by either Party with at least thirty (30) calendar days’ advance written notice to City. The Parties acknowledge they received good, valuable, and sufficient consideration for the right to terminate this Agreement for convenience including in the form of their obligation to provide advance notice of such termination in accordance with this section. c. By the Broward County Administrator (“County Administrator”) upon such notice as the County Administrator deems appropriate under the circumstances if the Page 3 of 11 County Administrator determines that termination is necessary to protect the public health, safety, or welfare. Notice of termination shall be provided in accordance with the “Notices” section of this Agreement except that notice of termination by the County Administrator to protect the public, health, safety, or welfare may be oral notice that shall be promptly confirmed in writing. In addition to any termination rights stated in this Agreement, County shall be entitled to seek any and all available contractual or other remedies available at law or in equity including recovery of costs incurred by County due to City’s failure to comply with any term(s) of this Agreement. 6. Insurance. The Parties are entities subject to Section 768.28, Florida Statutes. County will maintain a fiscally sound and prudent risk management program with regard to its obligations under this Agreement in accordance with the provisions of Section 768.28, Florida Statutes. Upon request, County shall provide written verification of liability protection in accordance with state law. Prior to any County contractor, subcontractor, or consultant using the Property, County shall require such contractor, subcontractor, or consultant to provide insurance coverage with minimum limits of coverage as required by County’s Risk Management Division, and naming County and City as additional insureds on the commercial general liability and business automobile liability policies. 7. Governmental Immunity and Liability. Except to the extent sovereign immunity may be deemed waived by entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by either Party nor shall anything included herein be construed as consent by either Party to be sued by a third party in any matter arising out of this Agreement. Each Party is a state agency or political subdivision as defined in Section 768.28, Florida Statutes, and shall be responsible for the acts and omissions of its agents or employees to the extent required by applicable law. County will include indemnification language, substantially in the form below, in all contracts whereby County allows a party to access the Property pursuant to this Agreement: Contractor shall at all times hereafter indemnify, hold harmless and, at the County Attorney's option, defend or pay for an attorney selected by the County Attorney to defend County and City, or their officers, agents, servants, and employees (collectively and individually “Indemnified Party”) from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, Contractor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding Page 4 of 11 is brought against an Indemnified Party by reason of any such claim, cause of action, or demand, Contractor shall, upon written notice from County, resist and defend such lawsuit or proceeding by counsel satisfactory to County or, at County’s option, pay for an attorney selected by County Attorney to defend County and City. The obligations of this section shall survive the expiration or earlier termination of this Agreement. 8. Disruption. County will require all contractors, subcontractors, and consultants to utilize their best efforts to minimize impacts and disruption to City’s Property and surrounding areas. 9. Notices. Unless otherwise stated herein, for notice to a Party to be effective under this Agreement, 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). A Party may change its notice address by giving notice of such change in accordance with this section. For County: Real Property Section Broward County Governmental Center, Room 326 115 South Andrews Avenue Fort Lauderdale, Florida 33301 For City: City Manager City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FL 33304 10. Public Records. The Parties shall comply with all applicable requirements of Chapter 119, Florida Statutes, including the requirements of Section 119.0701, Florida Statutes. 11. Binding Effect. Each person executing this Agreement represents that he or she has been empowered by his or her respective Party to enter into this Agreement and to bind such Party to the commitments and undertakings contained herein. The provisions, conditions, terms, and covenants contained herein shall be of a binding effect. The benefits and advantages hereof shall inure to the respective Parties and the respective successors and assigns. 12. Prior Agreements. This Agreement represents the final and complete understanding of the Parties regarding the subject matter of this Agreement and supersedes all prior and contemporaneous negotiations and discussions regarding same. All commitments, agreements, and understandings of the Parties concerning the subject matter of this Agreement are contained herein. Page 5 of 11 13. Joint Preparation. This Agreement has been jointly prepared by the Parties and shall not be construed more strictly against either Party. 14. Multiple Originals and Counterparts. This Agreement may be executed in multiple originals or in counterparts, whether signed physically or electronically; each of which shall be deemed to be an original, and all of which, taken together, shall constitute one and the same agreement. 15. Further Assurances. The Parties shall execute all such instruments, and agree to take all such further actions, that may be reasonably required by any Party to fully effectuate the terms and provisions of this Agreement. 16. Amendments. The Contract Administrator is authorized to amend this Agreement to modify the access and staging locations if Parties reasonably determine the access staging locations identified in Exhibit A are unsuitable. Unless expressly authorized herein, no modification, amendment, or alternation of any portion of this Agreement is effective unless contained in a written document executed with the same or similar formality as this Agreement and by duly authorized representatives of the City and County. 17. Survival. Either Party’s right to monitor, evaluate, enforce, audit, and review, any obligations to indemnify and insure, any assurances and certifications, and items of financial responsibility shall survive the expiration or earlier termination of this Agreement but shall expire upon expiration of the statute of limitation as to that particular matter. Any provision of this Agreement which contains a restriction or requirement which extends beyond the date of termination or expiration set forth herein shall survive expiration or earlier termination of this Agreement and be enforceable but shall expire upon expiration of the statute of limitation as to that particular matter. 18. Independent Contractor. Each Party is an independent contractor under this Agreement, and nothing in this Agreement shall constitute or create a partnership, joint venture, or any other relationship between the Parties. In providing services, neither that Party nor its agents shall act as officers, employees, or agents of the other Party. The Parties shall not have the right to bind either Party to any obligation not expressly undertaken by that Party under this Agreement. 19. Third Party Beneficiaries. Neither Party intends to primarily or directly benefit a third party by this Agreement. Therefore, the Parties agree that there are no third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 20. Assignment. Neither this Agreement nor any right or interest herein may be assigned by either Party without the prior written consent of the other Party. This provision shall not be construed to prohibit County from allowing others performing services for County related to the Shore Protection Project, Segment III, to use the Property; such use, however, shall not confer any right of the other Party to claim any rights under this Agreement. If a Party violates this provision, the other Party shall have the right to immediately terminate this Agreement. Page 6 of 11 21. Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term. City’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or a modification of this 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 terms of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiver. 22. Compliance with Laws. Each Party shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations. 23. Severability. If any part of this Agreement is found to be unenforceable by any court of competent jurisdiction or applicable law, that part shall be deemed severed from this Agreement and the balance of this Agreement shall remain in full force and effect. 24. Interpretation. The titles and headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as “herein,” “hereof,” “hereunder,” and “hereinafter” refer to this 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 of this Agreement, such reference is to the section or article as a whole, including all of the subsections of such section, 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. 25. Priority of Provisions. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any document or exhibit attached to, referenced by, or incorporated in this Agreement and any provision within an article or section of this Agreement, the article or section shall prevail and be given effect. 26. Law, Jurisdiction, Venue, Waiver of Jury Trial. This 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 this 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 this 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. BY ENTERING INTO THIS AGREEMENT, CITY AND COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. 27. Incorporation by Reference. The attached exhibit is incorporated into and made a part of this Agreement. Page 7 of 11 28. Force Majeure. If the performance of this Agreement, or any obligation hereunder, is prevented by reason of hurricane, earthquake, or other casualty caused by nature, epidemic, pandemic, or other public health emergency, or by labor strike, war, or by a law, order, proclamation, regulation, ordinance of any governmental agency (collectively, “Force Majeure Event”), the Party so affected, upon giving prompt notice to the other Party, shall be excused from such performance to the extent of such prevention, provided that the affected Party shall first have taken reasonable steps to avoid and remove such cause of non-performance and shall continue to take reasonable steps to avoid and remove such cause, and shall promptly notify the other Party in writing and resume performance hereunder whenever such causes are removed; provided, however, that if such inability to perform due to the Force Majeure Event exceeds sixty (60) consecutive days, the Party that was not prevented from performance by the Force Majeure Event has the right to terminate this Agreement upon written notice to the other Party. This section shall not supersede or prevent the exercise of any right either Party may otherwise have to terminate this Agreement. 29. Representation of Authority. Each individual executing this Agreement on behalf of a Party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such Party and does so with full legal authority. (The remainder of this page is intentionally left blank.) IN WITNESS WHEREOF, the Parties hereto have made and executed this Access and Use Agreement for the Shore Protection Project, Segment III on the respective dates under each signature: Broward County, by and through its Board of County Commissioners, signing by its Mayor or Vice-Mayor, authorized to execute same by Board action on the _______ day of_____________, 2025, and City of Dania Beach, signing by and through its _____________________, duly authorized to execute same by Commission action on the ____ day of __________________, 2025. 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 ______________, 2025 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____________________________ Jennifer D. Brown (Date) Senior Assistant County Attorney By____________________________ Maite Azcoitia (Date) Deputy County Attorney JDB/gmb __/___/2025 # Page 9 of 11 AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND BROWARD COUNTY FOR THE ACCESS AND USE OF CITY PROPERTY FOR THE SHORE PROTECTION PROJECT, SEGMENT III CITY City of Dania Beach, a Florida Municipal Corporation ATTEST: By: JOYCE L. DAVIS, MAYOR _______________________________ ELORA RIERA, MMC ANA M. GARCIA, ICMA-CM CITY CLERK CITY MANAGER _____ day of __________, 20___ I HEREBY CERTIFY that I have approved this Agreement as to form and legal sufficiency subject to execution by the parties: EVE A. BOUTSIS CITY ATTORNEY Page 10 of 11 Exhibit A Property SHORE PROTECTION PROJECT, SEGMENT III LOCATION: The sandy beach above the mean high water line to the easternmost edge of the dune vegetation, seawall, or other structure from the Dania Pier, approximately Florida Department of Environmental Protection Range Monument (R) 98, to R-100. STORING AND STAGING AREAS: • The parking lot for the Dania Beach Pier located at 300 North Beach Road. • 1201 Stirling Road. Up to two (2) semi-trailers each with maximum length of 75’ and width of 9’ may be stored at this location. Page 11 of 11 City of Dania Beach Public Services Memorandum DATE: 10/28/2025 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 EXECUTE AN AGREEMENT WITH INTERACID GROUP UNDER CONTRACT ITB NO. 25-016 FOR THE WATER TREATMENT PLANT’S (WTP) SULFURIC ACID MEMBRANE FILTRATION SYSTEM Request: The Public Services Department (PSD) is seeking authorization from the City Commission to utilize the City of Deerfield Beach Contract No. ITB #25-016 for the purchase of sulfuric acid from Interacid Group. The contract, through the Southeast Florida Governmental Purchasing Cooperative Group Contract, is effective July 8, 2025, through July 16, 2028. PSD is also requesting authorization to exceed the City’s single vendor annual purchasing threshold of $50,000 for the term of the contract period. Background: WTP uses sulfuric acid to adjust the raw water supply’s PH levels to prevent damage to the membrane filtration filters. The membrane filtration system is used along with other treatment processes to improve the water quality for Dania Beach customers. Budgetary Impact The projected cost for this coming year is $210,000. Funding for this request will be appropriated from the WTP “Operating Supplies Chemicals” Account No. 401-33-03-533-52-40. Recommendation PSD recommends the authorization to utilize the City of Deerfield Beach Contract No. ITB #25- 016 through the Southeast Florida Governmental Purchasing Cooperative Group Contract with Interacid Group for the purchase of sulfuric acid and for approval to exceed the annual single vendor purchasing amount threshold of $50,000. 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 UNDER THE CITY OF DEERFIELD BEACH CONTRACT ITB NO. 25-016, THROUGH THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE PURCHASING GROUP, FOR SULFURIC ACID FROM INTERACID GROUP, VALID THROUGH JULY 16, 2028, AND TO EXCEED THE ANNUAL VENDOR TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00); AUTHORIZING SUCH PURCHASES TO BE MADE WITHIN THE RESPECTIVE DEPARTMENTS APPROVED ANNUAL BUDGET APPROPRIATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection (j), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of the established monetary threshold without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission; and WHEREAS, the City’s Procurement Policy authorizes the City to utilize Southeast Florida Governmental Purchasing Cooperative Purchasing Group Contracts for services; and WHEREAS, Public Services intends to utilize the Southeast Florida Governmental Purchasing Cooperative Purchasing Group Contracts for services issued by the City of Deerfield Beach Contract No. ITB #25-016 with Interacid Group for the purchase of sulfuric acid; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, “Monetary thresholds for certain purchases and payment disbursement authorizations”, Subsection (a), sets the monetary threshold at Fifty Thousand Dollars ($50,000.00) for a vendor each fiscal year; and WHEREAS, sulfuric acid is required by the water treatment plant daily in the processing of raw water via its membrane system; and WHEREAS, the Public Services Department is seeking authorization from the City Commission to utilize the City of Deerfield Beach Contract No. ITB #25-016 through the Southeast Florida Governmental Purchasing Cooperative Group Contract, effective July 8, 2025 RESOLUTION #2025-_____ 2 through July 16, 2028, with Interacid Group for the purchase of sulfuric acid, which Agreement is attached as Exhibit “A”, and which is made a part of and is incorporated into this Resolution by this reference; authorization is also being requested to exceed the City’s threshold of Fifty Thousand Dollars ($50,000.00) for a single vendor each year that the contract is in place therefore, City Commission approval is required. 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 Public Services Department to utilize the City of Deerfield Beach Contract No. ITB #25-016 through the Southeast Florida Governmental Purchasing Cooperative Purchasing Group Contract, with Interacid Group for the purchase of sulfuric acid. Authorization is also being requested to exceed the annual amount of Fifty Thousand Dollars ($50,000.00) purchase threshold for a single vendor each fiscal year that the contract is in place. Section 3. That funding for water plant chemicals is planned and appropriated in the Water Fund’s Water Plant Division Operating Supplies Chemical Account Number 401-33-03- 533-52-40. Section 4. That the City is authorized to use the existing Cooperative Group contract through its expiration date of July 16, 2028. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall become effective 10 days after adoption. SIGNATURES ON THE FOLLOWING PAGE RESOLUTION #2025-_____ 3 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 BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND INTERACID NORTH AMERICA INC., TO PURCHASE SULFURIC ACID UNDER THE CITY OF DEERFIELD BEACH, FLORIDA, INVITATION TO BID NO. 25-016, THROUGH THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP. This is an Agreement (“Agreement”) dated ____________________, 2025, between the City of Dania Beach, Florida, a Florida municipal corporation (“City”), with its principal place of business located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and Interacid North America, Inc. (“Vendor”), 10210 Highland Manor Drive, Suite 140, Tampa, Florida 33610, contact Brent Shonka, contract@interacidna.com. In consideration of the mutual covenants, terms and conditions contained in this Agreement, and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the following: 1. The current contract issued under ITB No. 25-016, between the City of Deerfield Beach and the Vendor, a copy of which is attached as Exhibit “A”, and made a part of and is incorporated into this Agreement by this reference, shall be considered a part of this Agreement between the City and the Vendor; provided, however, that if Vendor contracts with any other governmental agency in Florida and service rates are lower than those afforded to any entity for such purchases, then Vendor shall provide such lower rates to the City. 2. The current Agreement between the City of Deerfield Beach, through the Southeast Florida Governmental Purchasing Cooperative Group, and the Vendor expires on July 16, 2028. 3. Any reference to the City of Deerfield Beach throughout Exhibit A is replaced with the City of Dania Beach. 4. Notices: Except as provided above, whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective persons and places for giving of notice: City: Ana M. Garcia, ICMA-CM, City Manager City of Dania Beach, Florida 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Eve A. Boutsis City Attorney City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 2 Vendor: Mr. Brent Shonka Interacid North America, Inc. 10210 Highland Manor Drive, Suite 140 Tampa, Florida 33610 5. Any insurance policy required pursuant to Exhibit A, would name the City of Dania Beach as additional insured. A copy of the insurance certificate shall be provided to the City of Dania Beach upon execution of this piggyback agreement. 6. That in all other respects, the terms of Exhibit “A” apply to this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO LEGAL FORM AND CORRECTNESS EVE A. BOUTSIS, CITY ATTORNEY ANA M. GARCIA, ICMA-CM CITY MANAGER 3 VENDOR: Interacid North America, Inc. WITNESSES: a Florida corporation SIGNATURE SIGNATURE PRINT Name PRINT Name SIGNATURE Title PRINT Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on , 2025, by ______________________________ (name), _______________________ (title), of Interacid North America, Inc., a Florida corporation, who is personally known to me or has produced as identification. NOTARY PUBLIC My Commission Expires: State of Florida ITB # 25-016 Sulfuric Acid 93% for Water Treatment Plant CONTRACT TO PROVIDE SULFURIC ACID 93% FOR WATER TREATMENT PLANT OPERATIONS This Contract is made and entered into this ____ day of _____________, 2025 (the “Effective Date”), by and between the City of Deerfield Beach (“City”), a municipal corporation of the State of Florida and Interacid North America, Inc., a Florida Profit Corporation authorized to business in the State of Florida (“Secondary Contractor”). W I T N E S S E T H: WHEREAS, on April 18, 2025, the City, as lead agency for the Southeast Florida Governmental Purchasing Cooperative Group (the “Group”), issued Invitation to Bid No. 25-016 (the “ITB”), for the supply and delivery of Sulfuric Acid 93% for the water treatment plant operations to the City and the Group’s participating members (the “Services); and WHEREAS, the Services are delineated in the ITB; and WHEREAS, the Purchasing and Contract Division (the “Division”) reviewed the two (2) responses, and after discussion with the Department of Environmental Services (ES), it was determined that the ITB be awarded to both bidders whose bids offered the lowest price and cost, best value and availability of the products for the Services; and WHEREAS, on July 8, 2025, the City Commission passed Resolution No. 2025/_________ approving the award of the ITB to Secondary Contractor and authorized the City Manager to execute a Contract with the Secondary Contractor; and WHEREAS, this Contract, the ITB and the Secondary Contractor’s Bid Response constitute the entire Contract and describe the Services to be provided. NOW THEREFORE, be it agreed by and between the parties as follows: ARTICLE 1 INTRODUCTION AND SCOPE OF SERVICES 1.1 The above referenced Whereas clauses are true and correct and made a part hereof. 1.2 This Contract, the ITB, the City’s Notice of Intent to Award, together with Secondary Contractor’s response to the ITB, attached as Exhibit “A”, shall constitute the entire Contract. The parties agree that the Scope of Services, attached as Exhibit “B”, is a description of obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, parts, equipment, tools and tasks which are such an inseparable part of the work described that exclusion would render performance by Secondary Contractor impractical, illogical, or unconscionable. The Secondary Contractor hereby acknowledges and agrees that the Scope of Services shall be on an as needed basis. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A 120 17 July ITB # 25-016 Sulfuric Acid 93% for Water Treatment Plant 1.3 Except as specifically modified herein, Secondary Contractor shall be bound by the terms and conditions and prices as set forth in the ITB and the Secondary Contractor’s Response to the ITB. When the terms and conditions of this Contract may be read as consistent with the ITB, then and in that respect, the terms of both the ITB and this Contract shall be read as being consistent and shall be binding on both parties. Where terms and conditions of this Contract contradict anything as set forth in the ITB or the response to the ITB, then the terms and conditions of this Contract shall be binding and in full force and effect to the extent of any inconsistency. 1.4 This is a non-exclusive Contract. The City may, in its sole and absolute discretion, utilize other parties to provide any of the services listed in the ITB, or any aspect of the Services if the City deems it to be in the best interest of the City. 1.5 Secondary Contractor acknowledges and agrees that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Contract. ARTICLE 2 TERM AND TIME OF PERFORMANCE 2.1 The initial Contract term shall be for three (3) years and shall commence on the Effective Date and end on ____________, 2028. The City reserves the right to renew the Contract for three (3) additional one (1) year renewal options, contingent upon City Manager approval and providing all terms, conditions, and scope of services remain the same, both parties agree to the renewal, and such renewal is approved by the City as set forth in the ITB. 2.2 In the event Services are scheduled to end because of the expiration of the Contract, the Secondary Contractor shall continue the service upon the request of the City Manager or designee. The extension period shall not extend for more than one hundred eighty (180) days beyond the expiration date of the existing Contract. The Proposer shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. 2.3 Time shall be deemed to be of the essence in performing the duties, obligations and responsibilities required by this Contract. ARTICLE 3 COMPENSATION 3.1 The City agrees to compensate the Secondary Contractor for Services provided on an as-needed basis, in the manner specified in the ITB, based upon the amount/rates set forth in Secondary Contractor’s Response for the Services. In accordance with the ITB, Secondary Contractor shall provide the products pursuant to a Purchase Order(s) issued by the City, and the City is only obligated to compensate Secondary Contractor based upon the applicable Purchaser Order and invoices provided by Secondary Contractor related to the applicable Purchaser Order. It is acknowledged and agreed by Secondary Contractor that the amount set forth on the applicable Purchase Order is the maximum payable and constitutes a limitation upon City’s obligation to compensate Secondary Contractor for its Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A July 16 ITB # 25-016 Sulfuric Acid 93% for Water Treatment Plant Services related to this Contract. This amount, however, does not constitute a limitation, of any sort, upon Secondary Contractor’s obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. No amount shall be paid to Secondary Contractor to reimburse its expenses. 3.2 The obligation of the City for payment to the Secondary Contractor is limited to the availability of funds appropriated in each fiscal period, and continuation of the contract into a subsequent fiscal period, regardless of contract term, is subject to appropriation of funds, unless otherwise authorized by law. If such appropriation is not approved, then the City may terminate this Contract for convenience. 3.3 The Secondary Contractor and the City shall abide by the Florida Prompt Payment Act, FL SS. 218.70-218.80. ARTICLE 4 TERMINATION OR SUSPENSION 4.1 This Contract may be terminated for convenience by the City. Termination for convenience by the City shall be effective on the termination date stated in the written notice provided by City, which termination date shall be not less than thirty (30) days after the date of such written notice. This Contract may also be terminated by the City Manager upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health, safety, or welfare. 4.2 This Contract may be terminated for cause for reasons including, but not limited to, Secondary Contractor’s repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to suitably perform the work, failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Contract, or other breach of this Contract. The termination date shall be not more than ten (10) days after the date of such written notice. The parties agree that if CITY erroneously, improperly or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided. 4.3 In the event of the default of any of the terms, obligations, restrictions, or conditions of the Contract, inclusive of the requirements set forth in the ITB, by the Secondary Contractor, the CITY will consider the Secondary Contractor in breach of the Contract and shall give the Secondary Contractor written notice of such breach by registered, certified mail. Upon receipt of the notification, Secondary Contractor shall have three (3) calendar days to cure the default. In the event that Secondary Contractor fails to cure the default within the three (3) calendar day period, or the default is not remedied to the satisfaction and approval of the City , the City shall have all legal remedies available to it, including but not limited to termination of the Contract in which case the Secondary Contractor shall be liable for any and all damages permitted by law arising from the default and breach of Contract. 4.4 Notice of termination shall be provided in accordance with the “NOTICES" section of this Contract except that notice of termination by the City Manager, which the City Manager deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A ITB # 25-016 Sulfuric Acid 93% for Water Treatment Plant Contract. 4.5 In the event this Contract is terminated for convenience, Secondary Contractor shall be paid for any services properly performed under the Contract through the termination date specified in the written notice of termination. Secondary Contractor acknowledges and agrees that it has received good, valuable and sufficient consideration from City, the receipt and adequacy of which are, hereby acknowledged by Secondary Contractor, for City’s right to terminate this Contract for convenience. 4.6 In the event this Contract is terminated for any reason, any amounts due Secondary Contractor shall be withheld by CITY until all documents are provided to City pursuant to Section 7.2 of Article 7. 4.7 Should at any time during the term of this Contract, including any option terms, the Secondary Contractor is in violation of any of the terms and conditions of this Contract, the City shall have the right to suspend the Secondary Contractor until the violation is resolved to the satisfaction of the City. If the violation is not promptly resolved or is of such serious nature that the City determines that suspension is not adequate, the City reserves the right to terminate for cause. 4.8 In the event this Contract is terminated, the City may assign the Contract to another Contractor, or seek a new Contractor, until the contract is re-let, or until the end of the contract term then in effect, at its sole option and shall reserve all legal remedies for damages and other relief. ARTICLE 5 EEO AND ADA COMPLIANCE 5.1 Secondary Contractor shall not unlawfully discriminate on the basis of race, color, national origin, sex, religion, age, political affiliation or disability in the performance of this Contract, the solicitation for or purchase of goods or services relating to this Contract, or in subcontracting work in the performance of this Contract. Secondary Contractor shall include the foregoing or similar language in its contracts with any subcontractors or subconsultants, except that any project assisted by the U.S. Department of Transportation funds shall comply with the non- discrimination requirements in 49 C.F.R. Parts 23 and 26, as amended. Failure to comply with the foregoing requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as City deems appropriate. 5.2 Secondary Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Contract. Secondary Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by CITY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Secondary Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A ITB # 25-016 Sulfuric Acid 93% for Water Treatment Plant ARTICLE 6 INSURANCE 6.1 Secondary Contractor shall provide to the City evidence of insurability meeting the insurance requirements stated herein. Secondary Contractor shall not commence the work or otherwise perform the work as required by the resulting Contract until the requirements stated herein are met and the Certificate(s) of Insurance are approved by the City. Secondary Contractor shall assume full responsibility and expense to obtain all necessary insurance. A. General 1. Secondary Contractor shall furnish to the Purchasing and Contract Administration Division a Certificate of Insurance or endorsements evidencing the insurance coverage specified herein upon execution of this Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to the Contract (Solicitation Title and Number), and state that such insurance is as required by this Contract. Secondary Contractor’s failure to provide to City the Certificates of Insurance or endorsements evidencing the insurance coverage within fifteen (15) calendar days of notification of award shall provide the basis for the termination of the Contract. 2. Such policy or policies shall be issued by approved companies authorized to do business in the State of Florida. Secondary Contractor shall be responsible to pay all deductible amounts, if any. Secondary Contractor shall specifically protect the City and the Deerfield Beach City Commission by naming the City and the Deerfield Beach City Commission as additional insured under all required liability policies except for Workers Compensation and secure waivers of subrogation, in favor of the City of Deerfield Beach, on all liability and workers’ compensation policies. 3. Coverage is not to cease and is to remain in force (subject to cancellation notice) until all performance required of Secondary Contractor is complete including all renewal terms. All policies must be endorsed to provide City with at least thirty (30) days’ notice of expiration, cancellation and/or restriction. If any of the insurance coverages will expire prior to the completion of the work, copies of renewal policies shall be furnished at least thirty (30) days prior to the date of their expiration. 4. City reserves the right to review and revise any insurance requirements at the time of renewal or amendment of this Contract, including, but not limited to, deductibles, limits, coverage, and endorsements based on insurance market conditions affecting the availability or affordability of coverage, or changes in the scope of work or specifications that affect the applicability of coverage. If Secondary Contractor uses a subcontractor, Secondary Contractor shall ensure that subcontractor names CITY and the Deerfield Beach City Commission as additional insured under the Commercial Liability Policy as well as on any Excess Liability Policy coverage. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A ITB # 25-016 Sulfuric Acid 93% for Water Treatment Plant B. Coverages Secondary Contractor shall, at a minimum, provide, pay for, and maintain in force at all times during the term of this Contract the following insurance as indicated with exes: Commercial Liability Insurance - A Commercial Liability Insurance Policy shall be provided which shall contain limits of no less than One Million Dollars ($1,000,000.00) per occurrence for bodily injury liability, personal injury liability and property damage liability on a per project basis, and shall contain limits of no less than a Two Million Dollars ($2,000.000.00) aggregate. Coverage must be afforded on a form no more restrictive than CG 20 10 10 01 and CG 20 37 10 01 Commercial Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: premises and operations, independent successful Bidders, products and/or completed operations for contracts, broad form contractual coverage applicable to this specific contract including any hold harmless and/or indemnification contract, personal injury coverage with employee and contractual exclusions removed and policy limits shall be applied on a Secondary and non-contributory basis. Business Automobile Liability - Business Automobile Liability shall be provided with minimum limits of One Million Dollars ($1,000,000.00) per occurrence or combined single limit for Bodily Injury Liability and Property Damage Liability. 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 Services Office, and must at a minimum include liability coverage symbols: 2 (owned vehicles), 8 (hired vehicles) and 9 (non-owned vehicles). Workers Compensation Insurance - Workers' Compensation insurance to apply for all employees in compliance with Chapter 440, Florida Statutes, as may be amended from time to time, the "Workers' Compensation Law" of the State of Florida, and all applicable Federal laws. In addition, the policy(ies) must include employers' liability with a limit of One Million Dollars ($1,000,000.00) each accident, One Million Dollars ($1,000,000.00) aggregate limit by disease and One Million Dollars ($1,000,000.00) each employee by disease. Additionally, if there will be operations undertaken on or about navigable waters, a coverage endorsement must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. If exempt for Worker’s Compensation, proper documentation shall be provided. Pollution Liability Insurance - Pollution Liability Insurance for bodily injury, property damage, clean-up costs or corrective action and defense coverage with a limit of no less than $10,000,000 each incident and a general aggregate limit of no less than $10,000,000. This insurance shall include coverage for, but not be limited to; sudden and accidental discharges; dispersal; seepage; release or escape of any solid, liquid gaseous or thermal irritant or contaminant, including but not limited to smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, medical waste and waste material into or upon land or any structure on land, the atmosphere or any watercourse or body of water, Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A ITB # 25-016 Sulfuric Acid 93% for Water Treatment Plant including groundwater. ARTICLE 7 MISCELLANEOUS 7.1 RIGHTS IN DOCUMENTS AND WORK Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Contract are and shall remain the property of City, and, if a copyright is claimed, Secondary Contractor grants to City a non-exclusive license to use the copyrighted item(s) indefinitely, to prepare derivative works, and to make and distribute copies to the public. In the event of termination of this Contract, any reports, photographs, surveys, and other data and documents prepared by Secondary Contractor, whether finished or unfinished, shall become the property of City and shall be delivered by Secondary Contractor to the Contract Administrator within seven (7) days of termination of this Contract by either party. Any compensation due to Secondary Contractor shall be withheld until all documents are received as provided herein. 7.2 AUDIT RIGHT; RETENTION OF RECORDS; PUBLIC RECORDS City shall have the right to audit the books, records, and accounts of Secondary Contractor and its subcontractors that are related to this Project. Secondary Contractor and its subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. All books, records, and accounts of Secondary Contractor and its subcontractors shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, Secondary Contractor or its subcontractor, as applicable, shall make same available at no cost to City in written form. Secondary Contractor and its subcontractors shall preserve and make available, at reasonable times for examination and audit by City , all financial records, supporting documents, statistical records, and any other documents pertinent to this Contract for the required retention period of the Florida Public Records Act, Chapter 119, Florida Statutes, as may be amended from time to time, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Contract . If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is applicable to Secondary Contractor’s and its subcontractors’ records, Secondary Contractor and its subcontractors shall comply with all requirements thereof; specifically, to: 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 Chapter 119 or as otherwise provided by law. 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. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A ITB # 25-016 Sulfuric Acid 93% for Water Treatment Plant d. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Secondary Contractor upon termination of the Contract 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 public agency. If Secondary Contractor does not comply with this section, the City shall enforce the Contract provisions in accordance with the Contract and may unilaterally cancel this Contract in accordance with state law. No confidentiality or non-disclosure requirement of either federal or state law shall be violated by Secondary Contractor or its subcontractors. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for City’s disallowance and recovery of any payment upon such entry. Secondary Contractor shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 7.2. IF SECONDARY CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SECONDARY CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. CITY CUSTODIAN OF PUBLIC RECORDS: HEATHER MONTEMAYOR, CMC, CITY CLERK 150 N.E. 2ND AVE., DEERFIELD BEACH, FL 33441 954-480-4213 WEB.CLERK@DEERFIELD-BEACH.COM 7.3 INDEMNIFICATION To the fullest extent permitted by law, Secondary Contractor agrees to indemnify, defend and hold harmless the City, its officers, agents, volunteers, and employees from and against all claims, damages, losses, and expenses, including but not limited to attorney fees, court costs, or other alternative dispute resolution costs arising out of or resulting from the performance of work under this Contract; provided that any such claims, damages, losses or expenses are attributable to bodily injury, sickness, disease, death, or personal injury, or property damage; but only to the extent caused in whole or in part by the negligent acts, errors, or omissions of the Secondary Contractor, Secondary Contractor’s subcontractor(s), or anyone directly or indirectly employed or hired by Secondary Contractor or anyone for whose acts Secondary Contractor may be liable, or regardless of whether or not caused in whole or in part by the negligent acts, errors, or omissions of the City, its officers, agents, volunteers, or employees, unless such negligent acts, errors, or omissions constitute gross negligence or intentional misconduct. The City reserves the right, but not the obligation, to participate in defense without relieving Secondary Contractor of any obligation hereunder. Secondary Contractor agrees this indemnity obligation shall survive the completion or termination of the Agreement. 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, Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A ITB # 25-016 Sulfuric Acid 93% for Water Treatment Plant Florida Statutes. 7.4 COMPLAINTS AND DISPUTES: All complaints concerning misconduct on the part of the Secondary Contractor or disputes between City staff and the Secondary Contractor are referred to the City Manager or his designee, who shall conduct investigations and inquiries, including discussions with the Secondary Contractor and involved staff. The determinations of the City Manager or designee shall be binding upon the parties, and failure of the Secondary Contractor to follow any such determination could be considered a material breach and subject the Secondary Contractor to termination for cause. The Secondary Contractor agrees that any complaints received by the City concerning misconduct on the part of the Secondary Contractor, such as excessive charges, poor business practices etc., will be referred to the Office of the City Manager for appropriate action. The Secondary Contractor agrees to make any complaints concerning the City of Deerfield Beach available to the Office of the City Manager for action as required. 7.5 THIRD PARTY BENEFICIARIES Neither Secondary Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third-party beneficiaries to this Contract and that no third party shall be entitled to assert a right or claim against either of them based upon this Contract. 7.6 NOTICES Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR CITY: Rodney Brimlow, City Manager City of Deerfield Beach 150 NE 2nd Avenue Deerfield Beach, FL 33441 FOR SECONDARY CONTRACTOR: Brent Shonka Interacid North America, Inc 10210 Highland Manor Drive, Suite 140 Tampa, FL 33610 contract@interacidna.com 7.7 MATERIALITY AND WAIVER OF BREACH City and Secondary Contractor agree that each requirement, duty, and obligation set forth herein was bargained for at arms-length and is agreed to by the parties in exchange for Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A ITB # 25-016 Sulfuric Acid 93% for Water Treatment Plant quid pro quo, that each is substantial and important to the formation of this Contract and that each is, therefore, a material term hereof. City’s failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 7.8 SEVERANCE In the event a portion of this Contract found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Secondary Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 7.9 JOINT PREPARATION Each party and its counsel have participated fully in the review and revision of this Contract and acknowledge that the preparation of this Contract has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. 7.10 VENUE AND WAIVER OF JURY TRIAL By entering into this Contract, Secondary Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to this Contract. This Contract 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, or in connection with this Contract 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 this Contract must be litigated in federal court, the Parties agree that 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. 7.11 AMENDMENTS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Secondary Contractor or others delegated authority to or otherwise authorized to execute same on their behalf. 7.12 PRIOR CONTRACTS This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, Contracts, and understandings applicable to the matters contained herein. The parties agree that there is no commitment, Contract, or understanding concerning the subject matter of this Contract that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or Contract, whether oral or written. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A ITB # 25-016 Sulfuric Acid 93% for Water Treatment Plant 7.13 REPRESENTATION OF AUTHORITY Each individual executing this Contract on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Contract, duly authorized by all necessary and appropriate action to execute this Contract on behalf of such party and does so with full legal authority. 7.14 MULTIPLE ORIGINALS Multiple copies of this Contract may be executed by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. 7.15 SCRUTINIZED COMPANIES a. Secondary Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate this Contract at its sole option if Secondary Contractor or its subcontractors are found to have submitted a false certification; or if Secondary Contractor, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Contract. b. If this Contract is for more than one million dollars, Secondary Contractor certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the City may immediately terminate this Contract at its sole option if Secondary Contractor, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Secondary Contractor, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Contract . c. Secondary Contractor agrees to observe the above requirements for applicable subcontracts entered into for the performance of Work under this Contract. d. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above- stated contracting prohibitions then they shall become inoperative. 7.16 VERIFICATION OF EMPLOYMENT ELIGIBILITY Secondary Contractor and any subcontractor of Secondary Contractor shall comply with Sections 448.09 and 448.095, Fla. Stat., “Employment Eligibility,” including the registration and use of the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of this Contract. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Contract is terminated for a violation of the statute by Secondary Contractor, Secondary Contractor may not be awarded a public contract for a period of 1 year after the date of termination. All cost(s) incurred to initiate and sustain the aforementioned program shall be the responsibility of the Secondary Contractor. In accordance with Section 448.095, Florida Statutes, Secondary Contractor is liable for any additional costs incurred by City as a result of termination of this Contract. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A ITB # 25-016 Sulfuric Acid 93% for Water Treatment Plant 7.17 COMPLIANCE WITH LAWS Secondary Contractor shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Contract. 7.18 NON-COERCION AFFIDAVIT FOR LABOR OR SERVICES. In accordance with Section 787.06(13), Florida Statutes, as Secondary Contractor is a nongovernmental entity doing business with the City, Secondary Contractor is required to attest that it does not use coercion for labor or services. At the time of execution of this Agreement, Secondary Contractor shall submit the required Affidavit, which will be provided by the City’s Procurement Division. 7.19 FOREIGN COUNTRIES OF CONCERN AFFIDAVIT. In accordance with Section 287.138, Florida Statutes, the Secondary Contractor is required to attest that it does not meet any of the criteria set forth in Paragraph 2 (a)-(c) of Section 287.138, Florida Statutes, as such terms are defined therein, as updated. At the time of execution of this Agreement, Secondary Contractor shall submit the required Affidavit, which will be provided by the City’s Procurement Division. IN WITNESS WHEREOF the parties have caused these presents to be executed. ATTEST: CITY OF DEERFIELD BEACH By: ____________________________ __ HEATHER MONTEMAYOR RODNEY BRIMLOW, CITY MANAGER CITY CLERK Date: ________________,2025. APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE OF AND RELIANCE BY THE CITY OF DEERFIELD BEACH, FLORIDA, ONLY. ANTHONY C. SOROKA, CITY ATTORNEY Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A 7/17/2025 ITB # 25-016 Sulfuric Acid 93% for Water Treatment Plant CONTRACT TO PROVIDE SULFURIC ACID 93% FOR WATER TREATMENT PLANT OPERATIONS INTERACID NORTH AMERICA, INC. ATTEST: ______________________________ By: __________________________ Corporate Secretary Signature Print Name: ____________________ Witnesses: Title: _________________________ Date: ___________________,2025. ___________________________ Signature ___________________________ Print Name ___________________________ Signature ___________________________ Print Name Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67 General Manager Brent Shonka 7/1/2025 Katie Bain Susan Forney Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A ITB # 25-016 Sulfuric Acid 93% for Water Treatment Plant EXHIBIT “A” CITY’S ITB #25-016, NOTICE OF INTENT TO AWARD AND CONTRACTOR’S RESPONSE Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 1 No. ITB 25-016 Sulfuric Acid 93% for Water Treatment Plant Operations April 18, 2025 INVITATION TO BID Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 2 ADVERTISEMENT, INVITATION TO BID NO. ITB 25-016, SULFURIC ACID 93% FOR WATER TREATMENT PLANT OPERATIONS City of Deerfield Beach, a political subdivision of the State of Florida, will receive sealed bids from individuals, corporations, partnerships, and other legal entities authorized to do business in the State of Florida, to provide Sulfuric Acid 93% for Water Treatment Plant Operations, as specified in this Invitation to Bid (ITB). A copy of the complete solicitation package and all related documents and requirements is available for download from the eProcurement Marketplace link on the Procurement and Contract Administration Division webpage of the City website at https://www.deerfield- beach.com/64/Purchasing. 1. DATE, TIME, AND PLACE DUE: The Bid submittal deadline for submission of Bids in response to this ITB is May 14, 2025 at 2:00 P.M. ET. Bids shall be delivered electronically via the eProcurement Marketplace link on the webpage of the City website at https://www.deerfield-beach.com/64/Purchasing. The City shall not be responsible for a Bidder’s inability to submit a response by the Close Date and time for any reason, including issues arising from the use of the eProcurement Marketplace Bids will be opened immediately following the Bid Submittal Deadline and will be publicly opened in the Procurement and Contract Administration Division 2nd Floor, 401 SW 4th Street, Deerfield Beach, FL 33441 or virtually via Zoom. Bidders will receive an advance notification through the eProcurement Marketplace advising on which platform will be used. Interested parties may attend the opening. Bids submitted by any other means will not be accepted. 2. SOLICITATION PRE-SUBMITTAL CONFERENCE: No Pre-bid Conference will be conducted for this solicitation 3. DEADLINE FOR QUESTIONS AND CLARIFICATION REQUESTS: The deadline to submit all questions, inquiries, or requests concerning interpretation, clarification or additional information pertaining to this Invitation to Bid is May 9, 2025 at 5:00 P.M ET. Questions and inquiries should be submitted via the eProcurement Marketplace link on the Procurement and Contract Administration Division webpage of the City website at https://www.deerfield-beach.com/64/Purchasing. Important: A cone of silence is in place. See Section III.18 for details. Violations by a Bidder potential Bidder, or their representatives may result in sanctions. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 3 SOUTHEAST FLORIDA GOVERMENTAL PURCHASING COOPERATIVE GROUP TO OUR PROSPECTIVE CONTRACTORS: The attached Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative Group. For the past several years, approximately forty-five (45) government entities have participated in Cooperative Purchasing in Southeast Florida. The Southeast Florida Governmental Purchasing Cooperative Group was formed in an effort to provide cost savings and cost avoidances to all entities by utilizing the buying power of combined requirements for common, basic items. The Government Agencies participating in this particular procurement and their respective delivery locations are listed in the attached document. Southeast Florida Governmental Purchasing Cooperative Group Procurement Operational Procedures: • All questions concerning this procurement should be addressed to the issuing agency, hereinafter referred to as the “lead agency”. All responses are to be returned in accordance with the instructions contained in the attached document. Any difficulty with participating agencies referenced in this award must be brought to the attention of the lead agency. • Each participating governmental entity will be responsible for awarding the contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract and issue its own tax exemption certificates as required by the Contractor. • The Contract/purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. • Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. • The awarded Contractor(s) shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period. • The Contractor(s) shall furnish the Lead Agency a detailed Summary of Sales semi- annually during the contract period. Sales Summary shall include contract number(s), Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 4 contractor’s name, the total of each commodity sold during the reporting period and the total dollar amount of purchases by commodity. • Municipalities and other governmental entities which are not members of the Southeast Florida Governmental Purchasing Cooperative Group are strictly prohibited from utilizing any contract or purchase order resulting from this bid award. However, other Southeast Florida Governmental Purchasing Cooperative Group members may participate in this contract for new usage, during the contract term, or in any contract extension term, if approved by the lead agency. New Southeast Florida Governmental Purchasing Cooperative Group members may participate in any contract on acceptance and approval by the lead agency. • None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 5 PURPOSE The City of Deerfield Beach, Florida (City) invites qualified and experienced successful Bidder(s) to submit bids to provide the City and participating members of the Southeast Governmental Cooperative Group with Sulfuric Acid 93% for Water Treatment Plant Operations. Any further reference in the Invitation to Bid (ITB) to the City shall apply to all participating agencies referenced in the ITB. SECTION I - RESPONSE REQUIREMENTS 1. Submission and Receipt of Responses a. The City uses the eProcurement Marketplace to administer the competitive solicitation process, including but not limited to soliciting and receiving responses, issuing addenda, tabulating responses, posting results and issuing notification of an intended decision. Responses to this competitive solicitation will only be accepted from Bidders who submit electronically through the City’s eProcurement Marketplace by the Close Date and Time indicated; hard copies will not be accepted. Bidders are strongly encouraged to read the successful Bidder Guides and Tutorials available in the eProcurement Marketplace well in advance of their intention of submitting a response to ensure familiarity with the eProcurement Marketplace and submitting a response through it. The City shall not be responsible for a Bidder’s inability to submit a response by the closing date and time for any reason, including issues arising from the use of the eProcurement Marketplace. b. All information submitted by Bidder shall be typewritten, scanned as an attachment, or provided as otherwise instructed in the solicitation documents. Bidders shall use and submit any applicable or required forms provided by the City and attach such to their response. Failure to use the forms provided by the City may cause the response to be rejected and deemed non-responsive. c. Responses shall be submitted by an authorized representative of the firm. Responses must be submitted in the business entity’s name by the President, Partner, Officer or Representative authorized to contractually bind the business entity. Responses shall include an attachment evidencing that the individual submitting the response, does in fact have the required authority to bind the business entity. d. All responses will become the property of the City of Deerfield Beach. In the event of contract award, all documentation produced as part of the contract shall become the exclusive property of the City. e. Responses will be publicly opened in the Procurement and Contract Administration Division, 2nd Floor, 401 SW 4th Street, Deerfield Beach, FL 33441, or virtually via Zoom. Bidders will receive an advance notification through the eProcurement Marketplace advising on which platform will be used. It is the responsibility of the Bidders to check Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 6 the eProcurement Marketplace constantly for the latest updates. Bids will be tabulated and made available for public inspection at such time as the City provides notice of an intended decision or until 30 days after the closing date and time, whichever is earlier. 2. Required Documents and Information The City deems certain documentation and information important in the determination of responsiveness and for the purpose of evaluating responses. The documents and information the City requires each Bidder to submit with their response can be found in the “Response Attachments” tab within the eProcurement Marketplace for this competitive solicitation. Responses should seek to avoid information in excess of what is requested, must be concise, and must specifically address the requirements of this competitive solicitation. The responses shall be organized and divided into the sections indicated. The “Response Attachments” are not inclusive of all the information that may be necessary to properly evaluate the response and determine whether the Bidder has the capacity to meet the requirements of the scope of work and specifications. Additional documents and information should be provided as deemed appropriate by the Bidder in response to specific requirements stated herein or through the competitive solicitation. The apparent silence of the scope of work and any amendment regarding any details or the omission from the scope of work of a detailed description concerning any goods or services requested, shall be regarded as meaning that only the best industry practices are to prevail, and that only goods and workmanship of first quality are to be delivered. All interpretations of the scope of work shall be made upon the basis of this Solicitation and if the Solicitation is silent, basedn industry standards of best practices. 3. Financial Plan, Capital, and Capabilities The City may request the firm’s financial audits and statements for the past two (2) reporting years (Income Statements and Balance Sheets). If your firm has financial audits and statements prepared by both existing employees and an external auditor or accountant, submit the financial audits and statements completed by the external auditor or accountant. Demonstrate your financial soundness and history of meeting financial obligations. Pursuant to Florida Statute 119.071 (1) General exemptions from inspection or copying of public records. (c) Any financial statement that an agency requires a prospective bidder to submit in order to prequalify for bidding or for responding to a proposal for a road or any other public works project is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Provide a general description of their financial condition and identify any conditions (e.g. bankruptcy, pending litigation, impending mergers) that may affect your firm’s ability to perform and/or complete the work. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 7 4. ITB Schedule Advertise Date 04/18/2025 Pre-bid Conference N/A Deadline for Questions 05/09/2025 Close Date and Time 05/14/2025 Projected Award/Commission Date TBD Contract Commencement Date TBD The City, in its sole discretion, reserves the rights to change this schedule of events. [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 8 SECTION II - EVALUATION AND AWARD PROCEDURES The City reserves the right, based upon its deliberations and in its opinion, to accept or reject any or all responses, or terminate the competitive solicitation process at any time and secure the solicited products and services by any other lawful means. The City also reserves the right to waive minor irregularities or variations to the specifications and in the competitive solicitation process. 1. Variances For purposes of evaluating responses, Bidders must submit any change, variance or exclusion requests, from the terms, conditions, specifications, scope of work, minimum qualifications, and other requirements contained in the solicitation and any addenda. All requested changes, exclusions or variances to the terms and conditions must be submitted during the Question and Clarification period stated in the ITB. If variances are not submitted during the Question and Clarification period, it will be assumed that the Bidder accepts all requirements in the solicitation and any addenda, and that the products and/or services quoted fully comply with the requirements. All requested variances submitted are subject to review and approval by the City. Any modifications to the ITB documents will be incorporated via an addendum. The City reserves the right, in its sole and absolute discretion, to accept or reject any requests for changes, variances or exclusions. Further, the City reserves the right, in its sole and absolute discretion, to deem a Bid response containing variances as non-responsive and not consider the Bid response for award. 2. Evaluation Procedures a. After the sealed Bids are opened, City staff, in consultation with the City’s consultant as applicable, shall examine the documentation submitted in the Bids to determine the responsiveness and responsibility of each response received. Responses will be evaluated to ensure each response: i. Fully conforms in all material respects to the solicitation and all of its requirements, including the completion and submission of all required forms and information (Responsive) ii. Is fully capable to meet all of the requirements of the solicitation and resulting contract, possesses the full capability, including financial and technical, to perform as contractually required and is able to demonstrates the ability to provide good faith performance (Responsible) iii. Bidder is in the business of providing the products and/or services required and possesses sufficient financial stability, personnel, equipment, and organization to ensure that it can satisfactorily perform the work if awarded a contract (Qualified). Responsiveness, responsibility, and qualifications are further defined in the General Terms and Conditions. Additionally, minimum qualifications, including licensing and Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 9 certification requirements, are stated in the Special Terms and Conditions. b. The City reserves the right to conduct site visits to Bidder’s facilities to inspect record keeping procedures, staff, facilities, and equipment at any point during the evaluation process. 3. Contract Award a. Although it is the intent of the City to enter into a contract for the products and services contemplated in this competitive solicitation, the City is under no obligation to make an award pursuant to this competitive solicitation. b. The City reserves the right to award the contract to one or multiple Bidders who will best serve the interest of the City. Award of this contract shall be made to the responsive and responsible Bidder(s) providing the lowest price(s), best value and availability of the required products and services. c. An award recommendation to the lowest responsive, responsible Bidder will be made by Procurement with concurrence by the using department director that the Bidder is able to meet the requirements of the bid specifications. d. Award recommendations will be presented to the City Commission for their final approval. The City Commission has full discretion to reject all bids and waive minor irregularities in the bid. 4. City’s Exclusive Rights The City reserves the exclusive rights to: a. Waive any deficiency or irregularity in the selection process. b. Accept or reject any or all qualifications statements or bids in part or in whole; c. Request additional information as appropriate. d. Award all or a portion of the services set forth in this ITB to one or more Bidders as determined to be in the best interest of the City. e. Reject any or all submittals if found not to be in the best interest of the City. f. In the event of a sole Bid, the City reserves the right to reject the sole Bid. 5. Contract Execution By submitting a Bid in response to this ITB, Bidder acknowledges and agrees that (i) no enforceable contract shall be in force until the contract is fully executed by the City; (ii) that no action shall require the City execute such contract; and (iii) that each Bidder waives all claims to damages, lost profits, costs, expenses, reasonable attorney’s fees, or other costs, as a result of the City not executing the contract. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 10 SECTION III - GENERAL TERMS AND CONDITIONS 1. Independent Contractor The Bidder represents itself to be an independent contractor and shall not represent itself or its employees to be employees of the City of Deerfield Beach. Therefore, the Bidder shall assume legal and financial responsibility for taxes, FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage requirements, overtime, and other expenses for Bidder’s operations, officers, employees and agents, and agrees to indemnify, save, and hold the City of Deerfield Beach, its officers, agents, and employees, harmless from and against, any and all loss; cost (including attorney fees); and damage of any kind related to such matters. 2. Subcontractors If the Bidder proposes to use subcontractors in the course of providing the requested products and/or services to the City, Bidder shall disclose and include the name and specific type of good or service to be provided by the subcontractor as part of the Bidder's response. Such information shall be subject to review, acceptance and approval of the City, prior to any contract award. successful Bidders may also propose in writing the use of subcontractors during the term of the contract or changes to subcontractors during the term of the contract; the City reserves the right to approve or disapprove of any modifications to subcontractors during the term of the contract with shall not be unreasonably withheld and provided in writing. The City reserves the right to approve or disapprove of any proposed subcontractor in its best interest. 3. Addenda, Changes, and Interpretations It is the sole responsibility of the Bidder to notify the City in writing and request modification or clarification of any ambiguity, conflict, discrepancy, omission or other error discovered in this competitive solicitation. Requests for clarification, modification, interpretation, or changes must be received prior to the "Deadline for Questions" as indicated in Section I, ITB Schedule, as may be amended by the City. Requests for clarification, modification, interpretation or changes must be submitted electronically via the City eProcurement Marketplace. Requests received after the deadline for questions will not be addressed. Clarifications, modifications, interpretations, and changes shall only be made by the issuance of official addenda by the City. Under no circumstances shall an oral explanation given by any City official, officer, staff, or agent be binding upon the City. All requests from Bidders and explanations from the City shall be communicated via the eProcurement Marketplace. All addenda are a part of the competitive solicitation documents and each Bidder will be bound by such addenda, whether or not acknowledged by them. It is the responsibility of each Bidder to read and comprehend all addenda issued. Addenda will be posted no later than the "Last Date for Addenda" indicated in the "Tentative Schedule of Events". Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 11 4. Multiple Responses More than one response to this competitive solicitation from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Such a circumstance will lead to rejection of all responses in which the Bidder is involved, except for circumstances where Bidder is the subcontractor listed in another Bidder's response. If there is reason to believe that collusion exists between Bidders, those parties’ responses will be rejected and deemed for City purposes to be a conviction of a public entity crime. 5. Omission of Details The apparent silence of the specifications and any amendment regarding any details or the omission from the specifications of a detailed description concerning any services or material requested, shall be regarded as meaning that only the best industry practices are to prevail, and that only material and workmanship of first quality are to be used. 6. Mistakes Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, and delivery instructions pertaining to the solicitation. Failure of the Bidder to examine all pertinent documents shall not entitle them to any relief from the conditions imposed herein and may lead to rejection of the response. 7. Costs Incurred The City shall not be liable for any costs incurred by Bidders in responding to or in any way participating in this solicitation. 8. Withdrawal of Responses Any response may be withdrawn up until the Close Date and time. Any response submitted to the City and not withdrawn prior to the Close Sate and time shall constitute an irrevocable offer to the City to provide the product and/or services set forth in the solicitation. Bidder warrants by virtue of submitting the response that the response and any prices quoted in the response will be firm for acceptance by the City for a period of one hundred eighty (180) calendar days from the close date unless otherwise agreed upon by the City and Bidder. 9. Acceptance of Responses / Minor Irregularities Any or all responses to solicitations may be rejected by the City Manager in whole or in part when it is in the best interests of the City. The City reserves the right to accept or reject any or all responses, part of responses, and to waive minor irregularities or variances to specifications contained in responses that do not make the response conditional in nature, and minor irregularities in the solicitation process. A minor irregularity shall be a variation from the solicitation that does not affect the price of the contract, does not give a respondent an Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 12 advantage or benefit not enjoyed by other respondents, does not adversely impact the interests of other Bidders, and does not affect the fundamental fairness of the solicitation process. 10. Responsive In order to be considered responsive to the solicitation, the Bidder’s response shall fully conform in all material respects to the solicitation and all of its requirements, including all form and substance. 11. Responsible In order to be considered as a responsible Bidder, Bidder shall be fully capable to meet all of the requirements of the solicitation and subsequent contract, must possess the full capability, including financial and technical, to perform as contractually required, and must be able to fully document the ability to provide good faith performance. 12. Bidder's Qualifications Bidder shall be in the business of providing the goods and services required and must possess sufficient financial support, equipment, personnel and organization to ensure that it can satisfactorily perform the work if awarded a contract. The City shall have the right to investigate the financial condition, experience record, qualifications, facilities, equipment and references of each Bidder and determine to its satisfaction the competency, reputation, quality of goods and services, and responsibility of each to perform the required work, meet the specifications, and conform in all material respects to the solicitation and all of its requirements. a. Bidder shall satisfy the Minimum Qualifications and Requirements in the ITB Attachment. Failure to do so may result in the response being deemed non-responsive or non- responsible and not considered for award. 13. Order of Precedence In the event of inconsistency between provisions of this solicitation and the resulting contract, the inconsistency shall be resolved by giving precedence in the following order: a. The contract b. Contract attachments c. Bidder’s response and response enclosures whether attached or incorporated by reference d. Scope of Work that includes all requirements and technical specifications e. Contract General Conditions f. Contract Special Terms and Conditions g. Contract General Terms and Conditions. General Conditions of the Construction contract will control in the event of conflict with any of the documents. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 13 14. Licenses and Certifications The Bidder shall be appropriately licensed to perform the work and provide the products and services required. Bidder shall possess by the closing date and time all required licenses and certifications necessary to perform the requested service or provide the requested goods; unless the issuance of such license or certification is contingent upon the work to be performed under the resulting contract. The Bidder shall be responsible for all costs associated with obtaining and maintaining all required licenses, certifications, and permits. Copies of all required licenses and certifications shall be submitted with the Response as a matter of responsiveness. 15. Insurance and Surety Bonds The Bidder’s response shall include evidence of insurability meeting the minimum insurance requirements attached herein and evidence of Bidders ability to obtain required surety bonds, when insurance and surety bonds are required. The Successful Bidder shall not commence the work or otherwise perform the work as required by the resulting contract, until a certificate of insurance naming the City of Deerfield Beach as additionally insured and evidencing the provision of the required insurance in a form acceptable to the City, and required surety bonds have been received and approved by the City. The Bidder shall assume full responsibility and expense to obtain all necessary insurance and surety bonds. 16. Legal Requirements By the submission of a Bid, the Bidder certifies that a careful review of the Solicitation Documents has taken place and that the Bidder is fully informed and understands the requirements of: a. The solicitation documents. b. The quality and quantity of services to be performed and goods to be provided. c. The applicable provisions of all federal, state, and county laws, and local ordinances, rules and regulations, governing this solicitation and the requested work. Lack of knowledge by any Bidder shall not constitute a cognizable defense against the legal effect thereof. 17. Protest Procedures If a Bidder intends to protest a finding of Bidder’s failure to qualify or proposed award, the Bidder may file a protest in accordance with the procedures set forth in Section 38-118 of the City Code. The protest shall be in writing, shall identify the name and address of the protester, and shall include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest and the protest bond are received by the Procurement and Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 14 Contract Administration Division. The time stamp clock located in the Procurement and Contract Administration Division office shall govern when the protest was received. a. Protest of Failure to Qualify Upon notification by the City that a Bidder is deemed non-responsive and/or non-responsible, the Bidder, who is deemed non-responsive and/or non-responsible may file a protest with the Purchasing Agent by close of business on the third (3rd) business day after notification (excluding the day of notification) or any right to protest is forfeited. It shall be the sole responsibility of such Bidder to verify the operating hours of Procurement and Contract Administration Division. b. Protest of Award of a Contract After a Notice of Intent to Award a contract is posted on the City eProcurement Marketplace, any actual bidder who is aggrieved in connection with the pending award of the contract or any element of the process leading to the award of the contract may file a protest with the Purchasing Agent by close of business on the third (3rd) business day after posting (excluding the day of posting) or any right to protest is forfeited. It shall be the sole responsibility of such Bidder to verify the operating hours of Procurement and Contract Administration Division. c. Protest Fee Any Bidder filing a protest shall simultaneously provide a protest fee to the City in the form of a cashier's check or payment bond. The protest fee will be based on the estimated contract amount. The estimated contract amount shall be based upon the pending award amount submitted by the recommended bidder/proposer. If no contract amount was submitted, the estimated contract amount shall be the City estimated contract amount. If the protest is decided in the protester's favor, the entire protest fee shall be returned to the protester. If the protest is not decided in the protester's favor, the protest fee shall be forfeited to the City. d. Protest Fee Amount i. For solicitations for term contracts that provide for an annual expenditure amount, the protest fee shall be in the amount of $1,000.00 for contracts with an estimated annual amount of $100,000.00 or less, or one percent (1%) of the estimated annual contract amount for contracts that exceed $100,000.00, with a maximum deposit of $10,000.00. ii. For all other contracts, $1,000.00 for contracts with an estimated annual amount of $250,000.00 or less, or one percent (1%) of the estimated annual contract amount for contracts that exceed $250,000.00, with a maximum deposit of $10,000.00. e. Protest Committee A protest committee shall review all protests. If the Protest Committee denies the protest, the protester may appeal to the City Commission. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 15 f. Protest Appeal Any actual bidder who is aggrieved by a determination of the Protest Committee may appeal the determination to the City Commission by filing an appeal with the City Clerk by close of business on the third (3rd) business day after the protester has been notified (excluding the day of notification) of the determination by the Protest Committee. The appeal shall be in writing and shall include a factual summary of, and the basis for, the appeal. Filing of an appeal shall be considered complete when the appeal is received by the City Clerk. 18. Cone of Silence In accordance with Section 38-127 of the City of Deerfield Beach Code of Ordinances, during the course of a sealed competitive solicitation, a cone of silence shall apply as follows: a. The cone of silence shall be in effect beginning upon the advertisement for the competitive solicitation or during such earlier procurement activities as may be declared by the City Commission. The cone of silence shall terminate at the time the City Commission takes final action or gives final approval of a contract, rejects all bids, or takes other action which terminates the solicitation process. b. Any entity that seeks a contract, contract amendment, award, recommendation, or approval related to a competitive solicitation or that is subject to being evaluated or having its Bid evaluated in connection with a competitive solicitation, including the entity’s representative(s) shall not have any communication with any City Commissioner, the City Manager or any person or group of persons appointed or designated by the City Commission or the City Manager to evaluate, select, or make a recommendation to the City Commission or the City Manager regarding a competitive solicitation, including any member of the evaluation committee. c. The cone of silence shall not apply to written or oral communications with the City legal counsel or the Procurement and Contract Administration Division staff. d. Any action in violation of this Code of Ordinances Section 38.127 shall be cause for disqualification of the Bid. The determination of a violation and the penalty shall be made by the City Commission. 19. Local Business Preference Program a. The City established a local business preference program to facilitate local business participating in the competitive solicitation process. Except where prohibited by Federal requirements, Florida Statute, City policies, or funding source mandates to the contrary, and in accordance with City Code of Ordinances Section 38, preference shall be awarded to local businesses in the following manner: Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 16 i. When a responsive, responsible nonlocal business submits the lowest price Bid, and the Bid submitted by one or more responsive, responsible local businesses is within five percent (5%) of the Bid submitted by the nonlocal business, then such local business(s) shall have the opportunity, within five calendar days of notification by the Purchasing Manager or designee, to submit a best and final Bid equal to or lower than the amount of the low Bid previously submitted by the nonlocal business with the lowest Bid price. Thereafter, contract award shall be made to the responsive, responsible business submitting the lowest, best and final Bid. In the case of a tie in the best and final Bid between a local business and a nonlocal business, contract award shall be made to the local business. ii. The determination as to whether a Bidder is a local business shall be made by City staff based upon documentation submitted by the Bidder with its Bid submission and as verified by the Procurement and Contracts Division. b. This section shall not apply to professional services procured pursuant to the State of Florida Consultants Competitive Negotiation Act (CCNA), to direct acquisitions under Section 38-116(c), nor to solicitations utilizing federal funding sources in accordance with 2 CFR §200.319(b). c. An eligible bidder must satisfy the criteria as set forth City Code of Ordinances Section 38. to include the following: i. Bidder shall complete, fully execute, and provide all required information contained in the competitive solicitation related to the local business preference requirements. ii. Bidder shall have no history, within the prior five (5) years, of non-performance, delinquent fees, liens, or Code violations. d. The City, in its sole discretion shall determine whether a Bidder meets the criteria to qualify for a local business preference under the City Code. 20. Disadvantaged Business Enterprise Program The City established a disadvantaged business enterprise program to encourage and foster the participation of Certified Business Entities (CBEs), in the city's competitive solicitation process by providing preference to CBEs as detailed in Section 38-130 of the City of Deerfield Beach Code of Ordinances. The City will accept CBEs including small business enterprises (SBEs), minority business enterprises (MBEs), women business enterprises (WBEs), and veteran business enterprises (VBEs) certifications from Bidders, including their subcontractors identified in their response, as defined and certified by the Florida Department of Management, Office of successful Bidder Diversity or other certifying organizations or jurisdictions in accordance with Section 287.0943 (1) and (2) Florida Statutes. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 17 a. During the course of a competitive solicitation when a responsive, responsible non-CBE submits the lowest price bid, and a bid submitted by one or more responsive, responsible CBE is within five percent of the bid submitted by the non-CBE, then such CBE shall have the opportunity to submit, within five calendar days of notification by the Procurement and Contract Administration Division, a best and final offer equal to or lower than the amount of the low bid submitted by the non-CBE. b. The price bid by the non-CBE shall not be revealed if exempted under Chapter 119 or 286, Florida Statutes contract award recommendation shall be made to the responsive, responsible business submitting the lowest responsive and responsible final offer. In the case of a tie in the best and final offer between a CBE business and a non-CBE business, contract award recommendation shall be made to the CBE. c. For all other competitive solicitations where the objective factors used to evaluate the responses from bidders are assigned point totals, where evaluation of criteria, including and beyond price, is the determining factor for award, the total score of each individual evaluation committee member's total points of the CBE vendor will adjust upward by five percent. d. In the case where a Bidder is claiming CBE participation by the use of permitted subcontractors identified in their response and where the subcontractor(s) is the CBE, subcontractor's portion of the work to be performed pursuant to the resulting contract shall equal at least 50 percent of the total work. Bidder shall provide information in the response to substantiate the subcontractor’s portion of the work meeting the 50 percent requirement. e. A bidder shall complete, fully execute, and provide all required information contained in the competitive solicitation related to the disadvantaged business enterprise requirements. f. For the purpose of determining the best value in the award of a competitive solicitation where both the local business and disadvantaged business preference are applicable, the local business preference shall take precedence over the small business preference. g. In order to participate in the disadvantaged business enterprise program, Bidder shall have no history within the prior five years of non-performance, delinquent fees, liens, or code violations. h. The disadvantaged business enterprise program shall not apply to a competitive solicitation process when prohibited by law, contract, grant, funding source or other regulation applicable to the competitive solicitation process, contract, or funding source, or when the city acts as the lead agency for a cooperative procurement. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 18 21. Ethics Code Bidders are required to acquaint themselves with the provisions in the City of Deerfield Beach’s Ethics Code Chapter 2, Article IX, City Code of Ordinances. The City Commission will strictly apply the Ethics Code, including Section 2-505 “Disclosure and Behavior Requirements of Applicants and Person/Entity seeking a City contract or currently doing business with the City”. Bidder shall complete the “Ethics Code Disclosure” contained herein. Failure to do so may result in the response being deemed non-responsive. 22. Public Records / Confidential Information a. Florida law provides that municipal records shall at all times be open for personal inspection by any person, unless otherwise exempt. Information and materials received by the City in connection with a Bidder's response shall be deemed to be public records subject to public inspection. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. Section 119.07, F.S. provides an exemption from public records law for sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. b. If the Bidder believes any of the information contained in the response is exempt from the Public Records Law, then the Bidder must in the response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the City will treat all materials received as public records. c. Pursuant to Section 119.0701(2)(a), Florida Statutes, the Bidder must keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. 23. Excluded Parties from the Competitive Solicitation Process a. Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a Bidder, successful Bidder, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Fla. Stat. for category two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. b. Pursuant to Section 287.135, Florida Statutes, a bidder may not bid on or submit a proposal for goods or services of $1,000,000.00 or more if at the time of bidding or submitting a proposal, the bidder: Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 19 i. Is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes or is engaged in a boycott of Israel; or ii. Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 Florida Statutes; or iii. Is engaged in business operations in Cuba or Syria. 24. Anti-Collusion Pursuant to Chapter 838 Florida Statutes, it is unlawful for a bidder to knowingly and intentionally influence or attempt to influence any competitive solicitation of the City of Deerfield Beach. The Bidder certifies that it has not divulged, discussed or compared its response and the contents contained therein with other respondents, except subcontractors if they form part of the response, and has not colluded with any other Bidders or parties to a response whatsoever. No premiums, rebates or gratuities are permitted either with, prior to, or after any delivery of material or service. Any violation of this provision will result in the immediate cancellation of the contract and removal from the Vendor List. 25. Conflict of Interest a. The Bidder covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which would conflict in any manner or degree with the Bidder’s diligent and proper performance of the services hereunder. The Bidder further covenants that no person having any such known interest shall be employed or conveyed an interest, directly or indirectly, in the contract. b. No contract will be awarded to a Bidder who has City elected officials, officers or employees affiliated with it, unless the Bidder has fully complied with current Florida State Statutes and City Ordinances relating to this issue. Bidder must disclose any such affiliation. Failure to disclose any such affiliation will result in disqualification of the Bidder and removal of the Bidder from the City's vendor List and prohibition from engaging in any business with the City. 26. Entire Agreement This competitive solicitation, all attachments and exhibits, addenda, and the resulting contract and/or purchase order states the entire contract between the parties hereto with respect to the subject matter hereof, and all prior and contemporaneous understandings, representations and agreements are merged herein or superseded hereby. If a contract will be executed, a draft contract containing the major business concerns for the City may be attached to this competitive solicitation. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 20 27. Waiver No waiver or modification of any contract resulting from this solicitation or of any covenant, condition or limitation contained in it shall be valid unless the waiver or modification is in writing and duly executed by the party to be charged with it. Further, no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting the contract, or the right or obligations of any party under it, unless such waiver or modification is in writing, and duly executed by the party to be charged with the waiver or modification. The parties agree that provisions of this paragraph may not be waived except by a duly executed writing. 28. Warranty a. Warranty of Title - The Bidder warrants that all goods and materials offered in their response or furnished under a resulting contract will be new unless otherwise specified and that Bidder possesses good, clear, and marketable title to said goods and there are no pending liens, claims or encumbrances whatsoever against said goods and materials. All goods and materials not conforming to these requirements, including substitutions not properly approved and authorized may be considered defective. b. Warranty of Specifications - The Bidder warrants that all goods, materials and workmanship offered in their response or furnished under a resulting contract, whether by Bidder or its sub-contractors and successful Bidders, will comply with the specifications, plans, and other descriptions and requirements supplied or adopted. c. Warranty of Merchantability - The Bidder warrants that the goods offered in their response or furnished under the resulting contract are merchantable, of good quality and free from defects, whether patent or latent in material or workmanship. d. Warranty of Material and Workmanship - The Successful Bidder warrants all material and workmanship for a minimum of one (1) year from date of delivery and acceptance by the City. The Successful Bidder shall provide a warranty certificate or bond, in a form acceptable to the City Attorney’s Office, stating the terms and conditions of the warranty, which terms shall be consistent with the requirements herein. If within the warranty period, or within such larger period of time as may be prescribed by law or warranted by the Successful Bidder and product manufacturers, any of the materials and workmanship is found to be defective or not in accordance with the contract documents, the Successful Bidder shall after receipt of a written notice from the City to do so, promptly correct the condition unless the City has previously given the Successful Bidder a written acceptance of such condition. e. Warranty of Intellectual Property - The Bidder warrants that there has been no violation of copyright, patent, or other intellectual property rights either in the United States of America Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 21 or in foreign countries in connection with the work to be performed pursuant to this competitive solicitation and resulting contract. 29. Survivorship Rights The contract pursuant to this competitive solicitation shall be binding on both parties to the benefit of the respective parties and their executors, administrators, heirs, personal representative, successors, and assignees. 30. Severability If any term or provision of the contract resulting from this competitive solicitation is found to be illegal and unenforceable, such term(s) shall be deemed stricken and the remainder of the contract shall remain in full force and effect. 31. Venue The venue for any and all litigation arising out of the contract shall be in Broward County, Florida for state court actions and in the US District Court for the Southern District of Florida for federal court actions. 32. Service Test Period If the Bidder has not previously provided the goods or services to the City, the City reserves the right to require a service test period to determine if the Bidder can perform in accordance with the requirements of the contract, to the City's satisfaction, and within the rights of the City in. The service test period shall be conducted under all specifications, terms and conditions contained in the contract. 33. Examination of Records The Bidder shall keep adequate records and supporting documentation applicable to the subject matter of this ITB to include, but not be limited to, records of costs, time worked, working paper and/or accumulations of data, and criteria or standards by which findings or data are measured. Said records and documentation shall be retained by the Bidder for a minimum of three (3) years from the date the contract is completed and accepted by the City. If any litigation, is started before the expiration of the three (3) year period, the records shall be retained until all litigation, claims, or audit findings, involving the records have been resolved, unless otherwise instructed by the City. Should any questions arise concerning this contract, the City and its authorized agents shall have the right to review, inspect, and copy all determining an award recommendation. The length of such test period shall be determined by the City, and shall be an appropriate timeframe for the City to effectively evaluate the goods and services offered such records and Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 22 documentation during the record retention period stated above; provided, however, such activity shall be conducted only during normal business hours and shall be at City expense. Any subcontractor(s) employed or utilized by the Successful Bidder shall be subject to these requirements and the Bidder is required to so notify any such subcontractor(s). 34. Transfer of Responsibility Upon expiration, termination, or cancellation of the contract, the successful Bidder shall assist City of Deerfield Beach to ensure an orderly transfer of responsibility and/or continuity of those products and services required under the terms of the contract to an organization designated by City of Deerfield Beach, if requested in writing. The successful Bidder shall provide and/or perform any or all of the following responsibilities: The successful Bidder shall deliver, FOB destination, prepaid, all records, documentation, reports, data, recommendations, master, or printing elements, etc., which were required to be produced under the terms of the contract to City of Deerfield Beach and/or to City of Deerfield Beach's designee within seven (7) calendar days after receipt of the written request. Any and all records which are on electronic media must be delivered in a format which is compatible with the system(s) currently in use by City of Deerfield Beach. The successful Bidder shall agree to continue providing any part or all of the services in accordance with the terms and conditions of the contract for a period not to exceed ninety (90) calendar days after the expiration, termination or cancellation date of the contract for a price not to exceed those prices set forth in the contract in the event City requests for successful Bidder to continue providing services for such extension period. 35. Quantities No guarantee or warranty is given or implied by the City as to the amount that may or may not be purchased from any resulting contract. The City reserves the right to increase or decrease quantities or add or delete any item or quantity from the contract if it is determined to be in the best interest of the City in its sole discretion. 36. Risk of Loss The risk of loss, injury or destruction, regardless of the cause of the casualty, shall be on the Successful Bidder until the delivery of completed project and facilities to the City, and inspection and final acceptance of the entire project by the City. Title to all goods, chattel and facilities shall pass to City upon delivery and acceptance of the goods by City as evidenced in writing. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 23 37. Delivery All items shall be delivered FOB destination to a specified City address. All delivery costs and charges must be included in the bid price. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the contract. 38. Required Compliances and Regulations In performing the Work, Bidder shall comply with all applicable Federal, State, County, City and local laws, rules and regulations. 39. Safety a. The Successful Bidder shall be responsible for coordinating, funding, maintaining and supervising all safety precautions, measures, and programs for the Work consistent with applicable law and industry standards. The Successful Bidder shall comply with the rules and regulations of the Florida Department of Commerce regarding industrial safety (Florida Statutes Section 440.56) and with the standards set forth in the Occupational Safety and Health Act of 1970 (OSHA) and its amendments. b. The Successful Bidder shall take all reasonable precautions for the safety of and shall provide all reasonable protection to prevent damage, injury or loss to: i. All employees on the work site and all other persons who may be affected thereby. ii. The work and all materials and equipment incorporated therein. iii. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, structures and utilities not designated for removal, relocation or replacement in the course of the work. c. Occupational Health and Safety - In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this Bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: i. The chemical name and the common name of the toxic substance. ii. The hazards or other risks in the use of the toxic substance, including: (1) The potential for fire, explosion, corrosivity and reactivity; (2) The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and (3) The primary routes of entry and symptoms of overexposure. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 24 iii. The proper precautions, handling practices, necessary personal protection equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of exposure. iv. The emergency procedure for spills, fire, disposal and first aid. v. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. vi. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 40. Clean-Up and Worksite Appearance The Successful Bidder shall at all times keep the Work site free from accumulation of waste materials, rubbish and debris. At the completion of the Work, Successful Bidder shall remove all waste materials, debris, tools, equipment, machinery, and surplus materials from and about the worksite, and return the worksite to a condition suitable for use by the City. All waste materials, rubbish and debris shall be disposed of in accordance with all Federal, State and local codes and regulations. 41. Commercial Refuse Collection Per Chapter 58, Division 4 of the City’s Code of Ordinances, the City is the exclusive provider for collection and disposal of commercial refuse within the City. Successful Bidder shall comply with the City’s regulations addressing commercial refuse. 42. Non-exclusive Agreement Bidder agrees and understands that any contract entered into pursuant to this competitive solicitation shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services at its sole option. 43. Background Checks a. In accordance with Section 38-140 of the City of Deerfield Beach Code of Ordinances, any contracts which require a successful Bidder, subcontractor, to perform work in or on city property, as defined in Section 38-115, that is open to the public, where the successful Bidder or any sub-contractor or employees will perform work or services in close proximity to facilities with minors, the elderly, or persons with special needs of where the services are of a nature which would reasonably warrant background checks. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 25 b. Criminal background checks shall be conducted through the Florida Department of Law Enforcement's Computerized Criminal History (CCH) database (Level I) or through the National Crime Information Center (NCIC) data base (Level II) as specified and required in this competitive solicitation. The successful Bidder shall, at its expense, obtain a criminal background check for each of its employees having access to city property prior to beginning the work, and depending on the contract's term, on an annual basis thereafter. c. The successful Bidder shall ensure a similar background check has been done of its subcontractors' employees who will have access to city property. d. The successful Bidder shall, at their expense, be required to submit an affidavit on the form provided with this ITB certifying that background checks shall be completed for all employees who will perform work on city property that is open to the public. e. The successful Bidder shall submit such affidavit to the City contract administrator prior to any work being performed. f. Successful Bidder or consultant shall maintain such records of the criminal history checks for each person doing work on City property during the contract period and for one year thereafter and shall make such records available for inspection and verification by the City. g. If such a check reveals a conviction or a plea of nolo contendere, regardless of when the plea or conviction occurred, which includes a felony or misdemeanor involving terrorist behavior, violence, use of a dangerous weapon, crimes of moral turpitude or breach of trust/fiduciary responsibility or which raises concerns about building, system, or personal security or is otherwise a job-related crime, the successful Bidder shall not assign the individual to any work in or on City property that is open the public. If such a check reveals any of the foregoing after access has already been granted, any access privileges already granted shall be immediately revoked and shall not be reinstated without the City's express written authorization. h. For all new hires to perform the required services, successful Bidder shall conduct the background checks on the new hire at the time of the hire. i. The City reserves the right to approve or disapprove whether the successful Bidder’s or consultant’s employees perform the services for the City. Disapproval would apply solely to this contract and shall have no bearing on the Bidder’s employment of an individual outside of this contract. 44. Excluded Parties from the Competitive Solicitation Process a. Successful Bidder certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the successful Bidder or its Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 26 subcontractors are found to have submitted a false certification; or if the successful Bidder, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the successful Bidder certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the successful Bidder, its affiliates, or its subcontractors are found to have submitted a false certification; or if the successful Bidder, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. The successful Bidder agrees to observe the above requirements for applicable subcontracts entered into for the performance of Work under this Agreement. d) As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated contracting prohibitions then they shall become inoperative. d. In accordance with City of Deerfield Resolution, the City Manager and appropriate City officials shall review all City contracts and successful Bidders to ensure consistency with all federal sanctions against Russia and confirm the City is not doing business with Russian companies; directing the divestment of investments in Russia and with Russian-related institutions, companies or entities, and individuals; providing for implementation and an effective date. 45. Manner of Performance and Personnel a. The successful Bidder shall perform the Work in a competent and professional manner satisfactory to the Owner in accordance with the terms and conditions of this Agreement. The Owner shall be entitled to satisfactory performance of all Work described herein and to full and prompt cooperation by the successful Bidder in all aspects of the Work. At the request of the City, the successful Bidder shall promptly remove from the Project any successful Bidder employee, subcontractor, or any other person performing Work under the Agreement. b. The successful Bidder shall defend, hold harmless and indemnify the City and shall be liable and responsible for any and all claims, suits, actions, damages and costs (including attorney's fees and court costs) made against the City, occurring on account of, arising from or in connection with the removal and replacement of any successful Bidder's personnel performing services hereunder at the behest of the City. Removal and replacement of any Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 27 successful Bidder's personnel as used in this Article shall not require the termination or demotion of such successful Bidder's personnel. c. The successful Bidder shall employ, maintain and assign to the performance of the Work a sufficient number of competent and qualified professionals and other personnel to meet the Contract requirements. d. The successful Bidder agrees to adjust its personnel staffing levels or to replace any of its personnel if so directed upon reasonable request from the City, should the City make a determination, in its sole discretion, that said staffing is inappropriate or that any individual is not performing in a manner consistent with the requirements for such a position. e. The successful Bidder warrants and represents that its personnel have the proper skill, training, background, knowledge, experience, rights, authorizations, integrity, character and licenses as necessary to perform the Work described herein, in a competent and professional manner. Each employee of successful Bidder shall have and wear proper identification and shall comply with any of City applicable security policies and procedures while performing any Work under this Agreement. Successful Bidder shall require each employee of its subcontractors to have and wear proper identification, and comply with all City applicable security policies and procedures while performing any Work under this contract. f. The successful Bidder shall, at all times, cooperate with the City and coordinate its respective work efforts to most effectively and efficiently maintain the progress in performing the Work. 46. Indemnification The parties agree that one percent (1%) of the total compensation paid to the Successful Bidder for the work of an awarded contract shall constitute specific consideration to the Successful Bidder for the indemnification to be provided under the awarded contract. The Successful Bidder shall indemnify and hold harmless City, its officers and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Successful Bidder, and other persons employed or utilized by the Successful Bidder in the performance of the awarded contract. The provisions of this section shall survive the expiration or earlier termination of the awarded contract. To the extent considered necessary by contract Administrator and City Manager, any sums due to the Successful Bidder under the awarded contract may be retained by City until all of City’s claims for indemnification pursuant to the awarded contract have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by City. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 28 47. Draft Contract A draft copy of the Contract is attached to this competitive solicitation and includes the major business concerns for the City. This is the Agreement that will govern the Successful Bidder’s performance and shall be executed by the Successful Bidder. All Bidders, by submission of their bids, agree to execute this Agreement, or a substantially similar Agreement, if selected by the City to perform the Work. The final Agreement may not be in the same form as the Draft Agreement. 48. Piggybacking Successful Bidder may, if it has sufficient capacity or quantities available, and if legally allowed, provide to other government agencies, so requesting, the products or services awarded in accordance with the terms and conditions of this competitive solicitation and the resulting contract. 49. E-Verify The successful Bidder shall comply with Section 448.095, Fla. Stat., "Employment Eligibility," including the registration and use of the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of the contract. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If the contract is terminated for a violation of the statute by the successful Bidder, the successful Bidder may not be awarded a public contract for a period of one year after the date of termination. 50. Debarment By submitting a response to this solicitation, Bidder acknowledges that the City has the right to debar or suspend a person in accordance with Section 38-124 of the City Code for the person’s: a. Material misrepresentation or omission to the City; b. Breach of contract with the City; c. Felony convictions, convictions of crimes involving moral turpitude, or “public entity crime convictions” of a “person” or an “affiliate” of a person, as defined in Section 287.133, Fla. Stat.; d. Failure to comply with the cone of silence; or e. A finding of violation of the state ethics law or a county or municipal ethics ordinance. 51. Responsible Vendor Determination Bidder is hereby notified that Section 287.05701, Florida Statutes, requires that the City may not request documentation of, or consider a Bidder’s social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 29 [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 30 SECTION IV - SPECIAL TERMS AND CONDITIONS To be considered responsible and eligible for contract award, the Bidder must demonstrate that it meets the mandatory minimum qualification requirements as set forth in the ITB and its exhibits and attachments to include, but not limited to the following. The Bidder shall submit documentation and information as required demonstrating compliance with the requirements. The City reserves the right to request additional documentation or to conduct a site visit as a means of determining responsibleness. 1. Mandatory Minimum Qualifications a. Required Licenses and Certifications: Bidder or subcontractor (s) of Bidder, or key personnel of Bidder proposed to perform the Work shall possess all licenses, certifications and credentials to perform the work, and shall provide a copy of such licenses, certifications, and other credentials with Bidder’s response. b. Experience: Bidder and key personnel of Bidder proposed to perform the Work shall have experience at successfully performing the type of work requested herein. c. Capacity: Bidder must have the necessary facilities, ability, and financial resources to provide the service specified herein in a satisfactory manner. d. Past Performance: The Bidder must have a history of good performance. The City may make reasonable investigations deemed necessary and proper to determine the ability of the Bidder to perform or provide the services specified herein. 2. Draft Contract A draft copy of the Contract is attached to this competitive solicitation and includes the major business concerns for the City. The City reverses the right to negotiate a final contract with the Offeror being recommended for award. The final contract to be presented to the City Commission for award may include mutually negotiated and agreed upon terms and conditions including but not limited to changes in quantities, prices, scope of services, or other contract provisions. However, the final Contract shall substantially comply with and be consistent with the intent of the competitive solicitation and the Offeror’s response. The final Contact need not be in the same form as the draft contract. 3. Non-Exclusive Contract Offeror agrees and understands that any contract entered into pursuant to this competitive solicitation shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services at its sole option. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 31 4. Delivery (a) All items shall be delivered FOB destination to a specified City address. All delivery costs and charges must be included in the bid price. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the contract. (b) Deliveries shall be made within ten (10) calendar days after receipt of an order. In the event delivery cannot be made within ten (10) calendar days, the contractor shall immediately notify the ordering department. The City, in its sole discretion, may accept the delivery date, or cancel the order in part or in its entirety. The City of Deerfield Beach reserves the right to terminate the contract in the event of repeated delays in delivery. 5. Inventory The contractor shall have access to adequate inventory to attain 100% fill rate. A 100% fill rate shall mean that 100% of the high use items will be delivered within seventy-two (72 hours after receipt of order. The City of Deerfield Beach and all other Cooperative Group agencies reserve the right to require proof of access to inventory. The vendor shall immediately notify the ordering department of each respective agency when they are out of stock of product due to circumstances beyond their control, or other supply chain issues effected delivery. The City and all other Cooperative Group agencies reserve the right to procure out of stock items from other sources in these circumstances. 6. Sample and Demonstrations When requested, samples are to be furnished free of charge to the City. If a sample is requested it must be delivered within seven (7) days of the request unless otherwise stated in the bid. Each sample must be marked with the Offeror’s name and manufacturer’s brand name. The City will not be responsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract. All demonstrations shall be done at the expense of the Offeror 7. Contract Term (a) Initial and Renewal Options - The initial contract term shall be for three (3) years and shall commence upon final execution of the Contract by the City or as otherwise indicated in the final contract. The City reserves the right to renew the contract for three (3) additional one (1) year renewal terms providing all terms conditions and specifications remain the same, both parties agree to the renewal, and such renewal is approved by the City Manager. The City Manager shall execute any renewal contract. (b) Contract Extension - In the event services are scheduled to end because of the expiration of the contract, the Contractor shall continue the service upon the request of the City Manager or designee. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Proposer shall Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 32 be compensated for the service at the rate in effect when this extension clause is invoked by the City. 8. Price (a) Offeror shall quote a firm, fixed price for the items listed in the “Bid Line Items” tab. Prices shall include all costs associated with the products and services being solicited including labor, equipment, supplies, management, travel, etc. (b) Prices shall be shown in both unit amounts and extensions whenever applicable. In the event of discrepancies existing between unit amounts and extensions or totals, unit amounts shall govern. Discrepancies in the multiplication of units will be resolved in favor of the Unit Costs. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. In the event such discrepancy is discovered by either party after the competitive solicitation closes, Offeror understands and accepts that no correction(s) shall be made, and the prices offered shall remain firm. (c) All applicable discounts shall be extended to City and shall be part of the prices offered. Offeror may bid only one (1) discount for each Line Item. Chain discounts are not acceptable and will not be considered in determining an award. (d) Offeror warrants by virtue of submitting a response that prices will be firm for acceptance for a period of Ninety (90) calendar days from the date of solicitation closing, unless otherwise agreed to by both parties. 9. Price Adjustments (a) If during the contract the contract period, the City is able to purchase the products specified herein on the open market at prices less than the contract price, the contractor shall meet these prices or the City may rebid the products and services. (b) Percentage discounts for all products and services purchased resulting from this competitive solicitation process shall remain firm for the initial contract term. Prices for subsequent optional renewal terms shall be subject to an adjustment only if increases in the industry occur. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed five percent (5%) per year or, whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI- U) (All Items), for the Miami-Ft. Lauderdale, FL area, as published by the Bureau of Labor Statistics, U.S. Department of Labor. The yearly increase or decrease in the CPI shall be the latest index published and available ninety (90) days prior to the end of the contract term then in effect compared to the index for the same month one (1) year prior. Any requested price increase shall be fully documented and submitted to the City at least ninety (90) days prior to the expiration of the current contract term. Any approved cost adjustment shall become effective on the first date of the renewal term. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 33 (c) In the event the CPI or industry costs decline, the City shall have the right to receive from the Contractor a reasonable reduction in prices that reflect the cost change in the CPI or industry. (d) The City has the right to refuse to accept a requested price increase or decrease if it is not properly documented, submitted less than ninety (90) days from the contract expiration date, or considered by the City to be excessive or insufficient. In the event the City does not wish to accept the adjusted prices and the matter cannot be resolved to the satisfaction of the City, the contract can be terminated for convenience. 10. Reporting Requirements The Contractor (s) shall furnish to the Lead Agency a detailed Summary of Sales report on a semi-annually basis during the contract period. The Summary of Sales report shall include the following information: contractor’s name, contract name and number, the total dollar sales volume for each group during the reporting period for each participating agency. The report may be provided in greater detail, but no less than the requirement stated 11. Invoices and Payments (a) Each Agency’s invoice and payment, requirements and processes vary. Each Agency has specific requirements that must be met. The vendor shall insure that all invoices clearly state the purchase order number, date of delivery, delivery location, item description, quantity, list price, percentage discount per the contract, contract price, total price, and other requirements required by individual agencies. (b) The Contractor and the City shall abide by the Local Government Prompt Payment Act, FL SS. 218.70-218.80 12. Safety (a) The Successful Offeror shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. The Successful Offeror shall comply with the rules and regulations of the Florida Department of Commerce regarding industrial safety (Florida Statutes Section 440.56) and with the standards set forth in the Occupational Safety and Health Act of 1970 (OSHA) and its amendments. (b) The Successful Offeror shall take all reasonable precautions for the safety of and shall provide all reasonable protection to prevent damage, injury or loss to: (i) All employees on the work site and all other persons who may be affected thereby. (ii) The work and all materials and equipment incorporated therein. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 34 (iii) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, structures and utilities not designated for removal, relocation or replacement in the course of the work. (c) Occupational Health and Safety - In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this Bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: (i) The chemical name and the common name of the toxic substance. (ii) The hazards or other risks in the use of the toxic substance, including: (1) The potential for fire, explosion, corrosivity and reactivity; (2) The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and (3) The primary routes of entry and symptoms of overexposure. (i) The proper precautions, handling practices, necessary personal protection equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of exposure. (ii)The emergency procedure for spills, fire, disposal and first aid. (iii) A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. (iv) The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information 13. Taxes The Offeror shall include in its bid price and pay all State and local sales consumer and use taxes. 14. Waiver of Ownership Proposals The Bidder’s response to this ITB becomes the property of the City. All documents, including but not limited to, detailed reports, studies, plans, drawings, photographs, specifications, and all other data furnished by the Bidder in response to this ITB shall become the property of the City. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 35 [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 36 SECTION V - INSURANCE REQUIREMENTS The Bidder’s response shall include evidence of insurability meeting the insurance requirements stated herein. The Successful Bidder shall not commence the Work or otherwise perform the Work as required by the resulting contract until the requirements stated herein are met and the Certificate(s) of Insurance are approved by the City. The Successful Bidder shall assume full responsibility and expense to obtain all necessary insurance. 1. General a. Successful Bidder shall furnish to the Procurement and Contract Administration Division a Certificate of Insurance or endorsements evidencing the insurance coverage specified herein within fifteen (15) calendar days after notification of award of the contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to the contract (Solicitation Title and Number), and state that such insurance is as required by this contract. successful Bidder’s failure to provide to City the Certificates of Insurance or endorsements evidencing the insurance coverage within fifteen (15) calendar days of notification of award shall provide the basis for the termination of the contract. b. Such policy or policies shall be issued by approved companies authorized to do business in the State of Florida. successful Bidder shall pay all deductible amounts, if any. successful Bidder shall specifically protect City by naming the City and its elected officials, officers, employees, and agents as additional insured under all required liability policies except for Workers Compensation and secure waivers of subrogation, in favor of the City of Deerfield Beach, on all liability and workers’ compensation policies. c. Coverage is not to cease and is to remain in force (subject to cancellation notice) until all performance required of successful Bidder is complete including all renewal terms. All policies must be endorsed to provide City with at least thirty (30) days’ notice of expiration, cancellation and/or restriction. If any of the insurance coverages will expire prior to the completion of the Work, copies of renewal policies shall be furnished at least thirty (30) days prior to the date of their expiration. d. City reserves the right to review and revise any insurance requirements at the time of renewal or amendment of this contract, including, but not limited to, deductibles, limits, coverage, and endorsements based on insurance market conditions affecting the availability or affordability of coverage, or changes in the scope of work or specifications that affect the applicability of coverage. If successful Bidder uses a subcontractor, successful Bidder shall ensure that subcontractor names City and the Deerfield Beach City Commission as additional insured under the Commercial Liability Policy as well as on any Excess Liability Policy coverage. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 37 2. Coverages Successful Bidder shall, at a minimum, provide, pay for, and maintain in force at all times during the term of this contract the following insurance as indicated with X’s: Commercial Liability Insurance - A Commercial Liability Insurance Policy shall be provided which shall contain limits of no less than One Million Dollars ($1,000,000.00) per occurrence for bodily injury liability, personal injury liability and property damage liability on a per project basis, and shall contain limits of no less than a Two Million Dollars ($2,000.000.00) aggregate. Coverage must be afforded on a form no more restrictive than CG 20 10 10 01 and CG 20 37 10 01 Commercial Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: premises and operations, independent successful Bidders, products and/or completed operations for contracts, broad form contractual coverage applicable to this specific contract including any hold harmless and/or indemnification contract, personal injury coverage with employee and contractual exclusions removed and policy limits shall be applied on a primary and non- contributory basis. Business Automobile Liability - Business Automobile Liability shall be provided with minimum limits of One Million Dollars ($1,000,000.00) per occurrence or combined single limit for Bodily Injury Liability and Property Damage Liability. 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 Services Office, and must at a minimum include liability coverage symbols: 2 (owned vehicles), 8 (hired vehicles) and 9 (non-owned vehicles). Workers Compensation Insurance - Workers' Compensation insurance to apply for all employees in compliance with Chapter 440, Florida Statutes, as may be amended from time to time, the "Workers' Compensation Law" of the State of Florida, and all applicable Federal laws. In addition, the policy(ies) must include employers' liability with a limit of One Million Dollars ($1,000,000.00) each accident, One Million Dollars ($1,000,000.00) aggregate limit by disease and One Million Dollars ($1,000,000.00) each employee by disease. Additionally, if there will be operations undertaken on or about navigable waters, a coverage endorsement must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. If exempt for Worker’s Compensation, proper documentation shall be provided. Pollution Liability Insurance - Pollution Liability Insurance for bodily injury, property damage, clean-up costs or corrective action and defense coverage with a limit of no less than $10,000,000 each incident and a general aggregate limit of no less than $10,000,000. This insurance shall include coverage for, but not be limited to; sudden and accidental discharges; dispersal; seepage; release or escape of any solid, liquid gaseous or thermal irritant or contaminant, including but not limited to smoke, vapors, soot, fumes, acids, Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 38 alkalis, toxic chemicals, medical waste and waste material into or upon land or any structure on land, the atmosphere or any watercourse or body of water, including groundwater. Other [REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 39 SECTION VI - SPECIFICATIONS 1. Inventory The City of Deerfield Beach is actively seeking bids from qualified vendors to provide Sulfuric Acid 93% (H2SO4) in bulk, delivered on an as-needed basis to the Water Treatment Plant Operations, 290 Goolsby Blvd, Deerfield Beach, FL 33442 and other participating SE Florida Governmental Purchasing Cooperative Group agencies as stated in this ITB. The City of Deerfield Beach is acting as the lead agency for the Cooperative as stated in this ITB. The City of Deerfield Beach is acting as the lead agency for the Cooperative Group for this bid. This will be a term contract. 2. Specifications (a) Sulfuric Acid will (H2SO4) will be used by the City’s Water Treatment Plant to produce drinking water, and all products bid must be authorized for such use by the City. (b) This product is for use in the Water Treatment Plant’s (membrane filtration system). (c) Technical Grade: 93.19% minimum 66-degree Baume. (d) Total iron content shall not exceed twenty-five parts per million (25ppm) 3. Certification and Testing (a) The Sulfuric Acid supplied shall be listed by the National Sanitation Foundation (NSF) as being in full compliance with NSF/ANSI Standard 60 for Drinking Water Treatment Chemicals – Health Effects. The Contractor shall submit with their Response Attachments proof of certification that the product offered conforms to NSF/ANSI Standard 60. (b) The City reserves the right during the contract period to determine by independent test if the product supplied by the Successful Offeror meets the specifications herein. If test meets the specifications, then cost of the test shall be paid for by the City. If the test does not meet the specifications, then cost of the test shall be paid for by the Successful Offeror. In addition, the facilities of the Florida State Department of Agriculture testing laboratories may be used for any referee testing. (c) Offerors shall submit with their Response Attachments certified laboratory tests within the past six (6) months to substantiate minimum and average figures, along with a typical analysis of the Sulfuric Acid 93% product offered listing all impurities, detailed technical product specifications with applicable Material Safety Data Sheet (MSDS), and proof that the product bid has been approved by applicable Federal agencies for use in drinking water. Reference Exhibit A – Material Data Sheet (MSDS) for the current product used by the City. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 40 4. Standardization / Variances The City intends to purchase a product as specified and contained herein. In no way does the City of Deerfield Beach intend to limit competition to one bidder. State any and all variances clearly in writing. Wherever in these contract documents a particular brand, make of material, manufactured article, device or equipment is shown or specified, such brand, make of material, manufactured article, device or equipment should be regarded as the standard. 5. Delivery (a) The Contractor shall be notified by email, telephone, or facsimile for requested deliveries and shall make deliveries within seventy-two (72) hours of the request or as otherwise specified by the Bidder on the Bid Schedule. Deliveries shall be made in 25- ton increments. All deliveries shall be made on weekdays, excluding holidays observed by the City, between the hours of 8:00 a.m. and 2:00 p.m. The City of Deerfield Beach reserves the right to terminate the contract in the event the delay in delivery is deemed unacceptable. (b) The Contractor shall ensure that the product is delivered in clean containers/tanks and is free of contamination. If the stock is contaminated, the Contractor shall be liable for all cost associated with disposal of contaminated material, cleanup of storage facilities and full replacement of product at the Contractor’s expense. The city reserves the right to reject any delivery that has been contaminated or does not conform to product specifications. (c) The transfer of product from the delivery to the City’s storage tanks shall be the sole responsibility of the Contractor. The Contractor shall be responsible for all health, safety, and costs associated with the transport and delivery of the product, to include but not limited to chemical spills and related cleanups. (d) The fill lines to the City’s storage tanks are equipped with a 2-inch, male, quick- connect coupling. In order to protect the acid tank fill line, transfer of acid must be performed at low pressure (25-30 psi). 6. Substitutions (a) The City shall not accept substitute shipments of any kind. Contractor shall furnish the product specified in the bid once awarded. Any substitution of material will require prior written approval by the City of Deerfield Beach. Any substitute shipments that have not received the prior written approval of the City shall not be accepted and shall be returned at the expense of the Contractor. (b) If a bid item is discontinued by the manufacturer during the period of award and the bid item is not available from within the vendors or manufacturers inventory, then the vendor shall advise the Purchasing Departments of all agencies, in writing, of non- availability of the bid item and shall include complete descriptive, technical literature on Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach Invitation to Bid (Rev 10.1.24) 41 the item offered to replace the discontinued bid item and, upon written approval, shall furnish the replacement item at the same firm price offered for the original bid item or at a lower price during the remainder of the period of award. Samples of replacement items, if requested, must be supplied for evaluation by the appropriate City staff. The City of Deerfield Beach shall not be held liable for any damages incurred to equipment during evaluation. 7. Samples and Demonstrations When requested, samples are to be furnished free of charge to the City. If a sample is requested, it must be delivered within seven (7) days of the request, unless otherwise stated in the bid. Each sample must be marked with the Offeror’s name and manufacturer’s brand name. The City will not be responsible for returning samples. The city may request a full demonstration of any product or service before the award of a contract. All demonstrations shall be done at the expense of the Offeror. 8. Reporting Requirements The Contractor(s) shall furnish to the City of Deerfield Beach, acting as lead agency for the Cooperative Group agencies, a detailed Summary of Sales report on a semi-annually basis during the contract period. The Summary of Sales report shall include the following information: • Contractor’s name • Contact name and • Tonnage for each participating Cooperative Group agency • Total dollar sales volume for each participating Cooperative Group agency The report may be provided in greater detail, but no less than the requirement stated herein. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A June 12, 2025 NOTICE OF INTENT TO AWARD A CONTRACT FOR 25-016 SULFURIC ACID 98% FOR WATER TREATMENT PLANT TO SHRIEVE CHEMICAL COMPANY, LLC. AND INTERACID NORTH AMERICA, INC. Please be advised that the City of Deerfield Beach staff has reviewed the responsive and responsible bids received and concluded that the responsive and responsible offer was submitted by Shrieve Chemical Company, LLC., and Interacid North America, Inc. Therefore, staff is recommending award of the subject contract to two (2) contractors as followed: primary: Shrieve Chemical Company, LLC.; secondary: Interacid North America, Inc. The recommendation is scheduled to be presented to the City Commission at the July 8, 2025 City Commission meeting, but is subject to change. Please be advised that a cone of silence is still in effect until the City Commission takes final action or gives final approval of a contract, rejects all bids or responses to the sealed competitive method, or takes other action which ends the sealed competitive method process pursuant to Section 38-127 of the City Procurement Code. Should you have any questions please contact the Procurement and Contract Administration Division at 954-250-4039. We appreciate the time and effort put forth by all those who responded to this solicitation and hope you continue to show interest in City of Deerfield Beach projects. Best Regards, Eddyson Etienne Senior Buyer Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A ITB 25-016 Interacid North America, Inc. Supplier Response Event Information Number:ITB 25-016 Title:Sulfuric Acid 93% for Water Treatment Plant Operations Type:Invitation to Bid Issue Date:4/18/2025 Deadline:5/14/2025 02:00 PM (ET) Notes:The City of Deerfield Beach is soliciting sealed responses from qualified vendors to submit bids to provide the City and participating members of the Southeast Governmental Cooperative Agency Group with 93% Sulfuric Acid for use in water utility operations, in accordance with the terms, conditions, scope of work for the above- mentioned Invitation to Bid (ITB). The City will not Hold an Pre-Bid Conference. Questions and Answers: The City provides a specified time for Vendors to ask questions and seek clarification regarding the Vendor: Interacid North America, Inc.ITB 25-016Page 1 of 9 pages Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A requirements of the solicitation. All questions or clarification inquiries must be submitted through eProcurement Marketplace by the date and time referenced in the solicitation document (including any addenda). The City will respond to all questions via eProcurement. Licensing Requirements: The Vendor must possess Florida business license or current certificate of competency issued by Broward County Examining Board having jurisdiction over licensing of Contractors in the type of work involved in this contract. Refer to Qualification of Bidders for additional information. The City of Deerfield Beach is exempt from Federal and State Taxes for tangible personal property tax. The City of Deerfield Beach reserves the right to accept or reject any or all Bids, in whole or in part, with or without cause, to waive any irregularities and/or technicalities, and to award the contract on such coverage and terms it deems will best serve the interests of the City. Bids will be accepted through a secure mailbox at eProcurement (https://deerfield-beach.ionwave.net/HomePage.aspx) until the Deadline for Submission as indicated in this ITB. Late Bids will not be accepted. The City will only accept electronic bids for this ITB. Contact Information Contact:Eddyson Etienne Address:Procurement and Contract Administration Division A 2nd City of Deerfield Beach 401 SW 4th Street Deerfield Beach, FL 33441 Email:Eetienne@deerfield-beach.com Vendor: Interacid North America, Inc.ITB 25-016Page 2 of 9 pages Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Interacid North America, Inc. Information Contact:Brent Shonka Address:10210 Highland Manor Dr. Suite 140 Tampa, FL 33610 Phone:(813) 225-2000 Fax:(813) 225-1001 Toll Free:(800) 633-1358 Email:contract@interacidna.com By submitting your response, you certify that you are authorized to represent and bind your company. Brent Shonka contract@interacidna.com Signature Email Submitted at 5/14/2025 10:29:00 AM (ET) Supplier Note Price quoted is for single point delivery, with one hour free unloading time followed by detention billed at $31.25 per quarter hour thereafter. If tractor air is required, a $35.00 charge will be applied. If a load is required to be split into different tanks a $125.00 split load fee would apply. Holiday deliveries are $275.00 per load. (Holidays: New Years Day, Easter, Independence Day, Thanksgiving, Christmas Eve and Christmas Day) In the event that tariffs or other trade duties are imposed by any governmental authority that directly affect the cost of the Services, a separate line item identifying the cost will be applied to the invoice. Proof of payment of the tariff by the Contractor will be supplied. Requested Attachments Certified Business Entity (CBE) Certification CBE Certification Statement.pdf If claiming CBE pursuant to the City Disadvantaged Business Enterprise Program, attach a copy of your firm's CBE Certification or your identified subcontractor’s CBE Certification. For more information reference the solicitation General Terms and Conditions. Proof of Insurability CityofDeerfieldBeach_W38696385 .pdf Attach proof of insurability meeting the minimum insurance requirements stated in the ITBC. This is typically accomplished by submitting a current and active Certificate of Insurance, a sample (for bidding purposes only) or a letter from Bidder's insurer certifying that Bidder has the capacity and capability to obtain the required insurance. Participation from Disadvantage Business Entity(s)Disadvantage Statement.pdf If applicable, attach a list each DBE(s), CBE(s) or SBE(s), proposed for work on this project. Include the type of work each will perform and the projected dollar amount and/or percentage of the work to be assigned to each. Experience Experience.pdf Attach a description of Bidder's experience and background in the type of work detailed in this ITBC that includes resumes of key individuals and staff who will be assigned to the work that indicates their experience and background in the type of work they will be assigned. Copies of Applicable Licenses and Certifications 2025 NSF.pdf As is applicable, attach copies of all licenses and/or certifications that Bidder and its personnel are required by law to possess to perform work on the project as well as any other licenses or certifications relative to the work. Vendor: Interacid North America, Inc.ITB 25-016Page 3 of 9 pages Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Business Tax Receipt ITNA City of Tampa Business Tax Receipt 2025.pdf Attach a copy of Bidder's most recent business tax receipt from the jurisdiction of Bidder's principal place of business, regardless of location. W-9 Form ITNA W9.pdf Submit a copy of your firms W-9 Form. Statement - Individuals with Legal Authority to Bind With Signature InteracidNA Written Consent for-Delegation of Authority-GM.pdf If applicable, upload the statement of individuals with legal authority to bind Bidder. Florida Division Of Corporations Registration ITNA Sunbiz 2025.pdf Upload a copy of Bidder's current, registration with the Florida Division of Corporations that indicates the registration is 'Active". If a vendor is located out of state, they can register as a foreign corporation via https://dos.fl.gov/sunbiz/forms/corporations/#foreigncorp. All firms must have an 'Active' registration prior to the bid submittal deadline. Qualifying Agent Documentation Qualifying Agent .pdf Upload a copy of Bidder's Qualifying Agent’s registration or certification along with supporting documentation confirming Qualifying Agent has been the Qualifying Agent for Bidder for three years. Conflicts of Interests Conflicts of Interest.pdf If applicable, upload details regarding any potential for conflicts of interests. Ethics Code Disclosure Ethics Code Disclosure statement .pdf If applicable, Upload all required documentation as identified in Attachment D, Minimum Qualifications - Section 9. Attachment A - Supplier Performance Verification Form Supplier Performance Attachment.pdf Upload a completed and fully executed Attachment A Attachment B - E-Verify Compliance Verification Form Everify Compliance.pdf Upload a completed and fully executed Attachment B Attachment C - Background Check Affidavit Attachment C Background Checks.pdf Upload a completed and fully executed Attachment C Attachment D - Public-Entity-Crime-Statement Attachment D Public Entity.pdf Upload a completed and fully executed Attachment D Attachment E - Non-coercion Affidavit for Human Trafficking Attachment E Affidavit Attesting Noncoercive Conduct.pdf Upload a completed and fully executed Attachment E Attachment F - Statement of Compliance Byrd Anti-Lobbying Attachmnet F Anti-Lobbying.pdf Upload a completed and fully executed Attachment F Attachment G - Minimum Qualf & Requirements Attachment G - Minimum Qualf & Requirements.pdf Upload a completed and fully executed Attachment G Attachment H - BIDDER QUESTIONNAIRE Attachment H - BIDDER QUESTIONNAIRE.pdf Upload a completed and fully executed Attachment H Attachment I - BID SIGNATURE FORM Attachment I Bid Signature Form.pdf Upload a completed and fully executed Attachment I Vendor: Interacid North America, Inc.ITB 25-016Page 4 of 9 pages Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Response Attachments Interacid North America, Inc. GHS SDS.pdf SDS 2025 NSF.pdf NSF Registration - still updating to our new name. COA_SATCO_TANK 5 4-2025.pdf 93% COA as of April 2025. Our new name was not updated at the time this COA was written. FKA SATCO Bid Attributes 1 BIDDER INSTRUCTIONS The City deems certain documentation and information important in the determination of responsive and responsible and for the purpose of evaluating responses. All statements and questions require a response and shall be completed as required. Should a statement or question not apply, "not applicable", "none", or a similar statement is sufficient. Bidder shall submit the information and/or documentation requested that meets the Attributes. Failure to do so may result in the Bid response being deemed non-responsible, non-responsive and not considered for award. 2 Drug-Free Workplace Programs Bidder is claiming it has implemented a drug-free workplace in accordance with Florida Statutes 287.087 as defined below: Bidder hereby affirms that their business does: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by, any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. Yes 3 Contract Indemnification The parties agree that one percent (1%) of the total compensation paid by Contractor for the work of the contract shall constitute specific consideration to Contractor for the indemnification to be provided under the Contract. Contractor shall indemnify and hold harmless City, its officers and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of Contractor, and other persons employed or utilized by Contractor in the performance of this Agreement. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by Contract Administrator and City Manager, any sums due Contractor under this Agreement may be retained by City until all of City’s claims for indemnification pursuant to this Agreement have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by City. I Affirm Vendor: Interacid North America, Inc.ITB 25-016Page 5 of 9 pages Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A 4 Non-Collusive Affirmation 1. Bidder is an authorized Owner, Partner, Officer, Representative, or Agent of the business entity submitting a response to the subject solicitation; 2. Bidder is fully informed respecting the preparation and contents of the response and of all pertinent circumstances respecting such response; 3. Bidder affirms its response is genuine and is not a collusive or sham response; 4. Bidder affirms that neither the Bidder nor any of its Officers, Partners, Owners, Agents, Representatives, Employees or Parties in interest, including this affirmant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other vendor, firm, or person to submit a collusive or sham response in connection with the work for which the response has been submitted; or to refrain from submitting a response in connection with such work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with a vendor, firm or person to fix the price or prices in the attached response or of any other vendor, or to fix an overhead, profit, or cost elements of the submitted price(s) or the submitted price(s) of any other vendor, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed work; 5. Bidder affirms the price or prices quoted in the response are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the vendor or any other of its agents, representatives, owners, employees or parties in interest, including this affirmant. I Affirm 5 Convicted / Suspended / Discriminatory / Complaints Vendor Lists An Offeror who is on any of the following lists is ineligible for award of the contract, and may not submit a response. A response submitted by an Offeror that is on any of these lists shall be rejected without further consideration. A person or affiliate who was placed on the convicted offenders list following a conviction of a public entity crime may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in F.S. § 287.017 for category two for a period of 36 months following the date of being placed on the convicted vendor list. FLORIDA DEPARTMENT OF MANAGEMENT SERVICES: Convicted Vendor List [pursuant to Section 287.133(3)(d), Florida Statutes] Suspended Vendor List (pursuant to Rule 60A-1.006, Florida Administrative Code) Discriminatory Vendor List Federal Excluded Parties List [pursuant to Sections 287.057(1), (2) and (3), Florida Statutes, and Rule 60A-1.006(1), Florida Administrative Code. Vendor Complaint List (end list) Offeror affirms that they are not one any of these lists (Convicted Vendor List, Suspended Vendor List, Discriminatory Vendor List, Federal Excluded Parties List, Vendor Complaint List). and that no action or inaction has been taken to warrant inclusion on any of these lists. I Affirm 6 Local Vendor Affirmation Bidder shall affirm if it has a principal place of business located within the City of Deerfield Beach for a period of at least one year prior to the date of the release of this solicitation as evidenced by a local business tax receipt. Bidder must include its local business Tax Receipt in the "Response Attachments" tab if making this claim. I am not a local vendor. 7 Certified Business Entity Affirmation If Bidder is claiming CBE certification, Bidder must affirm at least 50% of the work to be performed is performed by a Disadvantaged Business Enterprise as evidenced by a Certified Business Entity Certificate. If meeting the SDBE goal through the use of a subcontractors, Bidder must provide a detailed explanation of the type of work to be performed by those subcontractors and how the work equates to 50% or more of the work. NOTE: If making this claim, Bidder shall include in the "Response Attachments" tab the CBE certification documentation for each CBE named. Reference the ITB, Section III, General Terms and Conditions, Item 20 for more details on CBE certification. I am not a Disadvantaged Business Entity Vendor: Interacid North America, Inc.ITB 25-016Page 6 of 9 pages Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A 8 Verification of Employment Status Bidder affirms and agrees to utilize the U.S. Department of Homeland Security’s E-Verify System to verify the employment status of: a. all persons employed by Offeror who will perform employment duties within Florida during the term of the Contract if awarded, and; b. all persons (including subcontractors) who will be assigned by Offeror to perform work pursuant to the Contract. Bidder further acknowledges and agrees that use of the U.S. Department of Homeland Security’s E-Verify System shall be a condition of the Contract. I Affirm 9 Individuals with legal authority to contract Based upon Bidder's business structure, in this section include the name and title of each officer, principal, partner, member, or individual (if sole proprietor or partnership)within Bidder's organization, with the legal authority to contractually bind the business. NOTE: If Bidder's response is being submitted by anyone other than those listed, provide evidence of delegated authority on Bidder's company letterhead, signed by one of the individuals listed above and include in Bidder's Response Attachments. Brent Shonka, President and Christopher Clark, Treasurer 1 0 Former Business Names Under what other former names has Bidder's organization or officer, principal, partner, member, or individual (if sole proprietor or partnership) holding at least 30% interest in Bidder's business operated? Sulphuric Acid Trading Company, Inc. (SATCO) 1 1 Use of Subcontractors Will Bidder be using any subcontractors to complete any portions of the work? Yes 1 2 List of Subcontractors If using subcontractors state the name of the subcontractor(s), individuals who will perform the work, what work or tasks they will perform, what percentage of work they will perform, and if they are a CBE for the purposes of meeting the City’s Disadvantaged Business Entity Program. If no, enter N/A. KC Industries, LLC - Hazardous chemical transportation company. They will deliver the acid to the facilities. N/A on CBE. 1 3 Default and Non-Performance History Has Bidder, in the past 7 years, been found in default of a contract, failed to complete any work awarded to Bidder, or otherwise been notified of issues of non-performance by a party to any contract with Bidder? If yes, provide details. No 1 4 Criminal Litigation History Does Bidder or any of its principals, staff, employees, or subcontractors who will be assigned to this contract have a conviction or a plea of nolo contendere, regardless of when the plea or conviction occurred, which includes a felony or misdemeanor involving terrorist behavior, violence, use of a dangerous weapon, crimes of moral turpitude or breach of trust/fiduciary responsibility or which raises concerns about building, system, or personal security or is otherwise a job-related crime? If so please provide details? No Vendor: Interacid North America, Inc.ITB 25-016Page 7 of 9 pages Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A 1 5 Litigation, Arbitration, and Claims or Liens against Bonds As a prerequisite for qualification, the following shall apply: a) Bidder shall not be involved in current/pending or past litigation/arbitration during the last five (5) years, which, can potentially have a material negative impact on its ability to execute this project; b) Bidder shall not display an undesirable pattern of litigation with owners over construction matters; c) Bidder shall not have had a claim against its bonding company in the last five (5) years wherein the bonding company was required to take over and complete the project or pay outstanding liens on the project. Provide an explanation if Bidder does not meet any of these litigation, arbitration, claims or liens requirements. N/A 1 6 Conflicts of Interests Bidder affirms that they read and understand Florida Statute 112.313, Standards of conduct for public officers, employees of agencies, and local government attorneys. For purposes of determining any possible conflicts of interest, all Bidders must disclose if any City of Deerfield Beach employee is also an owner, or employee of their business. If yes, give person(s) names(s) and position(s) and you must file a statement with the Supervisor of Elections, pursuant to Florida Statutes 112.313 for your business. Bidder, including any principal, officer, agent, or proposed subcontractor, shall not have a record of any conflicts of interest that have not been waived by the City Commission NOTE: If Bidder confirms it has potential conflicts, Bidder must submit details regarding any potential conflicts of interests in the “Response Attachment” tab. If yes, give City officer(s), employee or attorney(s)’s names(s) and position(s). Bidder has read Florida Statute 112.313 Bidder affirms that it does not have conflicts Bidder confirms it has potential conflicts 1 7 Attachment A – References & Vendor Performance Reference Verification Survey Form Bidder shall submit Vendor Performance Reference Verification Survey Forms completed by five references with its Response Attachments. I Affirm 1 8 Attachment C - Background Check Affidavit Bidder affirms to conduct background checks in accordance to the City’s Background Check Affidavit (Attachment C), if awarded the contract. I Affirm Bid Lines 1 Sulfuric Acid 93% for Water Treatment Plant Operations as per bid documents. Quantity:15606 UOM:ton Unit Price:$285.00 Total:$4,447,710.00 Item Notes:Quantity is estimated and based on previous annual usage for all Co-Op Agencies listed under the Attachments Tab, Exhibit I -Co-op Participating Agencies Supplier Notes:Price quoted is for single point delivery, with one hour free unloading time followed by detention billed at $31.25 per quarter hour thereafter. If tractor air is required, a $35.00 charge will be applied. If a load is required to be split into different tanks a $125.00 split load fee would apply. Holiday deliveries are $275.00 per load. (Holidays: New Years Day, Easter, Independence Day, Thanksgiving, Christmas Eve and Christmas Day) In the event that tariffs or other trade duties are imposed by any governmental authority that directly affect the cost of the Services, a separate line item identifying the cost will be applied to the invoice. Proof of payment of the tariff by the Contractor will be supplied. Vendor: Interacid North America, Inc.ITB 25-016Page 8 of 9 pages Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Item Attributes 1.Product Offered and Manufacturer Name. NSF Certified, 93% Sulfuric Acid. Interacid North America, Inc. Tampa Terminal 2.Percentage H2SO4. 93.87% 3.Minimum Percentage of Sulfuric Acid. 93.2% 4.Average Percentage of Sulfuric Acid. 93.6% 5.Specific Gravity at 60 degrees Fahrenheit. 1.8358 6.Product Weight (pounds per gallon). 15.31 7.Iron as Fe (ppm). 6 8.Minimum Order Requirement in Tons. 24 9.Delivery time after receipt of order in calendar days. 2 10.Index Used for Price Adjustments Offeror shall state the Index used for price adjustments (Producer Price Index - Commodities (PPI) for Chemicals and Allied Products, Sulfuric Acid (Commodity Code 0613020T1) or (Green Markets, Sulfur Postings, Recovered LT, Tampa Contract). Producer Price Index 11.State telephopne number for placement of orders. (813) 225-2000 12.State e-mail address for placement of orders. kbain@interacidna.com 13.State telephone number for emergency contact after regular business hours. (813) 225-2000 Response Total: $4,447,710.00 Vendor: Interacid North America, Inc.ITB 25-016Page 9 of 9 pages Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A ITB 25-016 RE: Ethics Code Disclosure Not applicable for Interacid North America, Inc. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Document Number FEI/EIN Number Date Filed Effective Date State Status Last Event Event Date Filed Event Effective Date Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation INTERACID NORTH AMERICA, INC Filing Information P97000008780 59-3424337 01/29/1997 01/22/1997 FL ACTIVE NAME CHANGE AMENDMENT 03/28/2025 NONE Principal Address 10210 Highland Manor Drive Suite 140 TAMPA, FL 33610 Changed: 04/01/2025 Mailing Address 10210 Highland Manor Drive Suite 140 TAMPA, FL 33610 Changed: 04/01/2025 Registered Agent Name & Address CF REGISTERED AGENT, INC 100 S. ASHLEY DRIVE SUITE 400 TAMPA, FL 33602 Name Changed: 03/30/2016 Address Changed: 03/30/2016 Officer/Director Detail Name & Address D C Florida Department of State 4/9/25, 4:24 PM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=INTERACI…1/3 Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Title President, Secretary SHONKA, BRENT R 10210 Highland Manor Drive Suite 140 TAMPA, FL 33610 Title Director Sato, Masaya R 10210 Highland Manor Drive Suite 140 TAMPA, FL 33610 Title Treasurer Clark, Christopher R 10210 Highland Manor Drive Suite 140 TAMPA, FL 33610 Title Director Tani, Masataka R 10210 Highland Manor Drive Suite 140 TAMPA, FL 33610 Annual Reports Report Year Filed Date 2024 02/08/2024 2025 03/28/2025 2025 04/01/2025 Document Images 04/01/2025 -- AMENDED ANNUAL REPORT View image in PDF format 03/28/2025 -- ANNUAL REPORT View image in PDF format 03/28/2025 -- Merger View image in PDF format 03/28/2025 -- Name Change View image in PDF format 07/24/2024 -- AMENDED ANNUAL REPORT View image in PDF format 02/08/2024 -- ANNUAL REPORT View image in PDF format 04/20/2023 -- AMENDED ANNUAL REPORT View image in PDF format 01/18/2023 -- ANNUAL REPORT View image in PDF format 04/19/2022 -- AMENDED ANNUAL REPORT View image in PDF format 01/31/2022 -- ANNUAL REPORT View image in PDF format 02/05/2021 -- ANNUAL REPORT View image in PDF format 03/13/2020 -- ANNUAL REPORT View image in PDF format 01/28/2019 -- ANNUAL REPORT View image in PDF format 02/12/2018 -- ANNUAL REPORT View image in PDF format 4/9/25, 4:24 PM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=INTERACI…2/3 Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A 07/19/2017 -- AMENDED ANNUAL REPORT View image in PDF format 06/12/2017 -- AMENDED ANNUAL REPORT View image in PDF format 04/05/2017 -- ANNUAL REPORT View image in PDF format 06/06/2016 -- AMENDED ANNUAL REPORT View image in PDF format 03/30/2016 -- ANNUAL REPORT View image in PDF format 04/14/2015 -- ANNUAL REPORT View image in PDF format 04/21/2014 -- ANNUAL REPORT View image in PDF format 11/08/2013 -- AMENDED ANNUAL REPORT View image in PDF format 09/05/2013 -- AMENDED ANNUAL REPORT View image in PDF format 08/01/2013 -- AMENDED ANNUAL REPORT View image in PDF format 04/11/2013 -- AMENDED ANNUAL REPORT View image in PDF format 02/06/2013 -- ANNUAL REPORT View image in PDF format 01/30/2012 -- ANNUAL REPORT View image in PDF format 01/28/2011 -- ANNUAL REPORT View image in PDF format 12/14/2010 -- Amendment View image in PDF format 03/01/2010 -- ANNUAL REPORT View image in PDF format 12/04/2009 -- Amendment View image in PDF format 04/27/2009 -- ANNUAL REPORT View image in PDF format 04/11/2008 -- ANNUAL REPORT View image in PDF format 02/14/2007 -- ANNUAL REPORT View image in PDF format 03/31/2006 -- ANNUAL REPORT View image in PDF format 02/25/2005 -- ANNUAL REPORT View image in PDF format 03/31/2004 -- ANNUAL REPORT View image in PDF format 04/17/2003 -- ANNUAL REPORT View image in PDF format 06/25/2002 -- Amendment View image in PDF format 04/02/2002 -- ANNUAL REPORT View image in PDF format 02/26/2001 -- ANNUAL REPORT View image in PDF format 10/03/2000 -- Amendment View image in PDF format 02/04/2000 -- ANNUAL REPORT View image in PDF format 02/24/1999 -- ANNUAL REPORT View image in PDF format 05/28/1998 -- ANNUAL REPORT View image in PDF format 01/29/1997 -- Domestic Profit Articles View image in PDF format Florida Department of State, Division of Corporations 4/9/25, 4:24 PM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=INTERACI…3/3 Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A ITBC No. Bidder’s Name: ____________________________ SUPPLIER PERFORMANCE VERIFICATION FORM Bidder must attach a completed Supplier Performance Verification form for each reference in the Response Attachments tab in eProcurement Marketplace. Reference Entity Name: Reference Contact: Contact E-mail: Contact Phone #: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Rate your experience with the above referenced supplier. Use the following rating scale to answer the questions: Ratings: 1 Poor 2 Good 3 Exceptional 4 Not Applicable 1.Rate the level of commitment of the Contractor when performing the services. ____ 2.Rate the competency and accessibility of the personnel performing the services._ 3.Rate the Contractor’s success at keeping you updated and informed of problems and issues. 4.Rate the Contractor’s knowledge of procedures required by regulatory agencies. ____ 5.Rate the Contractor’s success at working cooperatively with Owner’s personnel._ 6.Rate the Contractor’s ability to perform work promptly or within the time specified, without delay. ____ 7.Rate the accuracy, completeness and proper documentation of invoices. 8.Rate the completion, satisfaction and the quality of work performed by the Contractor. ____ 9.Rate the overall quality of performance of the Contractor. ____ Additional comments (optional): _______________________________________________________________________________ _______________________________________________________________________________ Reference Printed Name: Title: (Person completing survey) Signature: Date: (Person completing survey) ******THIS SECTION FOR CITY USE ONLY****** Reference Verified by City Employee: Date: ______________ Interacid North America, Inc. (fka Sulphuric Acid Trading Company, Inc.) 25-016 Seacoast Utility Authority Jessica Decker jdecker@sua.com (561)627-2900 3 3 3 3 3 3 3 3 3 Jessica Decker Sr. Procurement Specialist 5/10/2025 We have worked with Interacid NA (formerly SATCO) for many years. The customer service that Kaie Bain provides is second to none! Always responsive and attentive to our needs. All around a great company to work with. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Bidder City of Deerfield Beach Invitation to Bid Page 1 of 8 ATTACHMENT G – MINIMUM QUALIFICATIONS AND REQUIREMENTS The City deems certain documentation and information important in the determination of responsive and responsible and for the purpose of evaluating responses. Additional documents and information must be provided by the Bidder in response to specific requirements stated herein or within the ITB. SECTION I MINIMUM QUALIFICATIONS Bidder shall submit the information and/or documentation requested that confirms Bidder meets the minimum qualification. Failure to do so may result in the Bid being deemed non- responsive or non-responsible and not considered for award. As applicable, the City will verify the information provided. 1.Experience Bidder must have been in the business of providing goods/services similar to those in this ITB for a minimum of two years. Provide the following information for three client references who can verify Bidder has experience in providing the goods/services similar to those in this ITB and who are agreeable to responding to the City’s inquiry regarding this minimum qualification. Client Name Client contact name Contact phone number Contact email address Client Name Client contact name Contact phone number Contact email address Client Name Client contact name Contact phone number Contact email address 2.Contract Performance Bidder has not, within the prior five (5) years, had a history of non-performance. Interacid North America, Inc. Tampa Bay Water Brian Borden (813)205-9231 brian.borden@veolia.com City of Port St. Lucie Dan Burdett DBurdette@cityofpsl.com (772)873-6474 Seacoast Utility Authority Jessica Decker (561)627-2900 jdecker@sua.com Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Bidder City of Deerfield Beach Invitation to Bid Page 2 of 8 By checking this box, Bidder affirms that it has not, within the prior five years, had a history of non-performance. 3.City Contract Performance Bidder, including any principal, officer, agent, or proposed subcontractor of Bidder, shall not have failed to perform faithfully on any previous contract with the City. By checking this box, Bidder affirms that it has not failed to perform on any previous contract with the City. 4.Equipment 5.Provide supporting documentation in the form of photographs of the equipment referenced above in Item 4. By checking this box, Bidder confirms it has submitted photographs with its Bid. 6.Convicted / Suspended / Discriminatory / Complaints Vendor Lists In accordance with Florida Statute §287.017, Bidder shall not be on any of the following lists: Florida Department of Management Services Convicted Vendor List, Suspended Vendor List, Discriminatory Vendor List, Federal Excluded Parties List, and Vendor Complaint List. By checking this box, Bidder affirms it is not on the Florida Department of Management Services Convicted Vendor List, Suspended Vendor List, Discriminatory Vendor List, Federal Excluded Parties List, nor Vendor Complaint List, and that no action or inaction has been taken by Bidder or its representatives to warrant inclusion on any of these lists. Interacid North America, Inc. x x Bidder must possess all equipment required for the provision of work. Provide a list of the primary equipment to be utilized for the provision of goods/services in accordance with the requirements of this solicitation: Liquid bulk supply of 93% sulphuric acid. We have over 60K MT storage tanks located in Tampa, FL. x Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Bidder City of Deerfield Beach Invitation to Bid Page 3 of 8 7.Prohibition Against Contracting with Scrutinized Companies In accordance with 287.135 (5), at the time Bidder submits a Bid for a contract or before the company enters into or renews a contract with the City for goods or services of $1 million or more, is not on the Scrutinized Companies with Activities in Iran Petroleum Energy List, or engaged in business operations in Cuba or Syria. By checking this box, Bidder affirms that it is not listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or engaged in business operations in Cuba or Syria. 8.Prohibition Against Contracting with Russian Companies In accordance with City of Deerfield requirements and federal sanctions, Bidder shall not be listed on the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC): Russia- EO 14024 Sanctions List doing business with Russian companies; directing the divestment of investments in Russia and with Russian-related institutions, companies or entities, and individuals. By checking this box, Bidder affirms that it is not listed on the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC): Russia-EO 14024 Sanctions List. 9.Ethics Code Disclosure In accordance with Section 2-505 Chapter 2, Article IX, known as the City of Deerfield Beach Ethics Code, Bidder shall not have any ethics code violations and must disclose and provide documentation for any of the items in a, b, or c that are applicable and attach to the response all necessary and relevant information and documentation as shown below: a.Include a listing of all campaign contributions to a sitting city commissioner in the past four (4) years, as well as contributions of all officers, directors, shareholders of a corporation if the applicant is a corporation, or partners if the applicant is a partnership, or members, whether generally or limited if it’s a limited liability company. b.Disclose all those items that a regulated officer is required to disclose under Article IX, Ethics Code, concerning any conflict, whether actionable or non-actionable. c.Disclose any action that is a violation of this Ethics Code by a regulated officer with the applicant and/or applicant’s agents, and what was done to rectify the violation. By checking this box, Bidder confirms it has made contributions and has uploaded in the “Response Attachments” tab in the eProcurement Marketplace all necessary and relevant information to include the following for all contributions: (1)the name of the individual making the contribution, (2)name of the individual to whom the contribution was paid, (3)the title of the individual to whom the contribution was paid, (4)the amount of the contribution, (5)The date of the contribution. Interacid North America, Inc. x x Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Bidder City of Deerfield Beach Invitation to Bid Page 4 of 8 By checking this box, Bidder affirms that it has NOT made any campaign contributions as detailed above and therefore no information is submitted for this item. By checking this box, Bidder confirms it has submitted in the “Response Attachments” all necessary and relevant information to include disclosure concerning any conflict, whether actionable or non-actionable. By checking this box, Bidder affirms that it does NOT have any disclosures concerning any conflict and therefore no information is submitted for this item. By checking this box, Bidder confirms it has attached to its response all necessary and relevant information to include disclosure of any action that is a violation of this Article IX, Ethics Code and what was done to rectify the violation. By checking this box, Bidder affirms that it does NOT have any disclosures concerning any violation of Article IX, Ethics Code. 10.Registration with State Bidder must be registered with the State of Florida, Division of Corporations, to do business in Florida prior to the Close Date and Time. Provide Bidder’s name and FEI/EIN number as shown on the State of Florida Division of Corporations www.sunbiz.org website. 11.Compliance with Florida Fictitious Name Statute Any fictitious name or “doing business as” (dba) under which Bidder operates must be registered with the Florida Department of State, Division of Corporations, in compliance with Florida Fictitious Name Act, Florida Statute §865.09 which requires any person (which, by definition, includes an individual, as well as a business entity) to register their fictitious name or dba name with the Florida Department of State prior to conducting business in Florida. Provide any fictitious name/dba name under which Bidder operates. By checking this box, Bidder affirms it is in compliance with the Florida Fictitious Name Act, Florida Statute §865.09 and has registered any fictitious name/dba. 12.Convictions or Pleas Bidder, its principals, and staff, employees, and subcontractors shall not have a conviction or a plea of nolo contendere, regardless of when the plea or conviction occurred, which includes a felony or misdemeanor involving terrorist behavior, violence, use of a dangerous weapon, crimes of moral turpitude or breach of trust/fiduciary responsibility or which raises concerns about building, system, or personal security or is otherwise a job-related crime. Provide Interacid North America, Inc. x x x Interacid North America, Inc. 59-3424337 x Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Bidder City of Deerfield Beach Invitation to Bid Page 5 of 8 details in Bidder’s response of any such conviction or plea. By checking this box, Bidder confirms it does NOT have such conviction or plea. By checking this box, Bidder confirms it has such conviction or plea. If so, provide a brief summary of the conviction or plea. 13.Conflicts of Interest Bidder, including any principal, officer, agent, or proposed subcontractor, shall not have a record of any conflicts of interest that have not been waived by the City Commission. Bidder affirms that they read and understand Florida Statute 112.313, Standards of conduct for public officers, employees of agencies, and local government attorneys. Bidders must disclose if any City of Deerfield Beach officer, employee, or attorney is also an owner, or employee of their business. By checking this box, Bidder affirms that it does not have a record of conflicts of interest, as defined in Florida Statutes, that have not been waived. By checking this box, Bidder confirms it has identified a potential conflict of interests. Provide the City officer(s), employee or attorney(s)’s names(s) and position(s) and provide a brief summary of the details. ________________________________________________________________________ 14.Arrears or Default Bidder, including any principal, officer, agent, or proposed subcontractor of Bidder, shall not be in arrears or in default of any debt or contract involving the City, (as a party to a contract, or otherwise). The City will confirm compliance. By checking this box, Bidder affirms that it is not in arrears or default of any debt or contract involving the City. 15.Judgements, Lawsuits Criminal Activities Bidder, including any principal, officer, agent, or proposed subcontractor, shall have no record of judgments, pending lawsuits against the City, or criminal activities involving moral turpitude. By checking this box, Bidder affirms it has no record of judgements, pending lawsuits against the City, or criminal activities involving moral turpitude. Interacid North America, Inc. x x x x Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Bidder City of Deerfield Beach Invitation to Bid Page 6 of 8 By checking this box, Bidder affirms that it has a record of judgements, pending lawsuits, or criminal activities and has provided details of any such record in its Bid response. SECTION II REQUIREMENTS Bidder shall submit the information and/or documentation requested below. Failure to do so may result in the Bid response being deemed non-responsible or non-responsive and not considered for award. As applicable, the City will verify the information provided. Non-Collusive Affirmation Entity submitting this Bid affirms: (1) Entity is an authorized Owner, Partner, Officer, Representative, or Agent of the business submitting a Bid response to this solicitation; (2) Entity is fully informed respecting the preparation and contents of the Bid response and of all pertinent circumstances respecting such response; (3) Such response is genuine and is not a collusive or sham response; (5) Neither the business submitting the Bid response nor any of its Officers, Partners, Owners, Agents, Representatives, Employees or Parties in interest, including this affirmant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other vendor, firm, or person to submit a collusive or sham response in connection with the work for which the response has been submitted; or to refrain from submitting a response in connection with such work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with a vendor, firm or person to fix the price or prices in the attached response or of any other vendor, or to fix an overhead, profit, or cost elements of the submitted price(s) or the submitted price(s) of any other vendor, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed work; (5) The price or prices quoted in the response are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the vendor or any other of its agents, representatives, owners, employees or parties in interest, including this affirmant. Full Legal Name of the entity submitting this Bid response on behalf of Bidder. By checking this box, I affirm that all of the above in Non-Collusive Affirmation, Items 1, 2, 3, 4, and 5 are true. Interacid North America, Inc. Interacid North America, Inc. x Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Bidder City of Deerfield Beach Invitation to Bid Page 7 of 8 Drug-Free Workplace Programs Whenever two or more Bids that are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a Bid, or received from a business that certifies that it has implemented a drug-free workplace program as defined in Florida Statute 287.087 shall be given preference in the award process. By checking this box, Bidder affirms it has a drug-free workplace program in accordance with Florida Statute 287.087. By checking this box, Bidder affirms it DOES NOT have a drug-free workplace program in accordance with Florida Statute 287.087. Local Vendor Affirmation Bidder affirms it meets the requirements for “local Business Preference and has: (a)Been in business at least one year (12 months) prior to the release date of the solicitation. (b)Has a valid local business tax receipt issued by the City. (c)Has a physical address located in the City limits of Deerfield Beach from which its business is conducted. By checking this box, Bidder affirms it is NOT a local business as defined above. By checking this box, Bidder affirms it is a local business and has attached its City of Deerfield Beach business tax receipt in the “Response Attachments” for its Bid response. Financial Statements The City may request from Bidders their financial audits and statements for the past two (2) reporting years (Income Statements and Balance Sheets) in accordance with Florida Statute §119.07(1) and s. 24(a), Art. I of the State Constitution. By checking this box, Bidder affirms it will provide such additional financial information if requested by the City. Litigation, Arbitration, Claims Bidder shall not be involved in current, pending or past litigation or arbitration over the last five years, which, in the opinion of the City, is likely to have a material negative impact on their ability to provide the required goods/services. By checking this box, Bidder claims it HAS NOT been involved in litigation, arbitration, or claims with the past five years that will have a material negative impact on its ability to provide the required goods/services. Interacid North America, Inc. x x x x Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Bidder City of Deerfield Beach Invitation to Bid Page 8 of 8 By checking this box, Bidder claims it has been involved in litigation, arbitration, or claims with the past five years that may have a material negative impact on its ability to provide the required goods/services. Include a brief explanation below of the circumstances. [END] Interacid North America, Inc. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A 10210 Highland Manor Drive Suite 140 Tampa, Florida 33610 P: 813-225-2000 May 12, 2025 Re: ITB 25-016 - Experience Interacid North America, Inc. (fka: Sulphuric Acid Trading Company, Inc. (SATCO)) imports and distributes sulfuric acid into the United States. We started operations over 35 years ago with our 80,000 mt capacity marine terminal located at Port Tampa Bay, Florida. This facility is NSF 60 certified and is well positioned to service the Southwest and Eastern Seaboard Sulphuric Acid market by truck or rail. Interacid North America, Inc. markets 93-98% acid within the municipal, industrial and agricultural customers for use in a wide range of applications. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Q0130 Rev 4- 4.24.2025 B.D SAFETY DATA SHEET This SDS complies with REACH 1907/2006 and 2001/58/EC, GHS REVISION 5, OSHA 29CFR 1910.1200 Issue Date: April 29, 2015 Revision Date: April 24, 2025 Section 1: Chemical Product and Company Identification PRODUCT NAME: SULPHURIC ACID 93 – 99% FORMULA: H2SO4 PRODUCT USE: Manufacture of Fertilizers, Batteries, Industrial chemicals, Water treatment, Pulp & Paper, Mining EMERGENCY TELEPHONE Chemtrec U.S.-Canada: 800-424-9300 Chemtrec International: 703-527-3887 CHEMICAL SUPPLIER COMPANY NAME Interacid North America, Inc. Headquarters: Roswell Location: 10210 Highland Manor Drive, Suite 140 560 West Crossville Road, Suite 204 Tampa, Florida 33610 Roswell, Georgia 30075 Information 800-633-1358 Information 678-461-0456 Fax: 813-225-1001 Safety Data Sheet Competent Person: Brian Despres BDespres@interacidNA.com Section 2: Hazards Identification GHS Hazard Class Skin Corrosive Category 1 Eye Corrosive Category 1 Acute Toxicity Oral Category 5 Corrosive to Metals Category 1 Signal word: Danger Hazard Statement: H314 Causes severe skin burns and eye damage H318 Causes serious eye damage H301 May be harmful if swallowed Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Sulphuric Acid, 93-99% Product Sulphuric Acid Q0130 Rev 4- 4.24.2025 B.D SDS Page 2 of 9 H290 May be corrosive to metals Precautionary Prevention P260 Do not breathe dusts or mists. Statements: P280 Wear protective gloves/protective clothing/eye protection/face protection. P264 Wash hands thoroughly after handling. P234 Keep only in original packaging. Response P301+P330+P331 IF SWALLOWED: Rinse mouth. Do NOT induce vomiting. P303+P361+P353 IF ON SKIN (or hair): Remove/Take off immediately all contaminated clothing. Rinse skin with water/shower. P363 Wash contaminated clothing before reuse. P304+P340 IF INHALED: Remove victim to fresh air and keep at rest in a position comfortable for breathing. P310 Immediately call a POISON CENTER or doctor/physician. P305+P351+P338 IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do so. Continue rinsing. P312 Call a Poison Control center or doctor/physician if you feel unwell P390 Absorb spillage to prevent material damage Storage P405 Store locked up. P406 Store in corrosion resistant container with a resistant inner liner. Disposal P501 Dispose of contents/container by following the waste disposal requirements of your country, state, or local authorities. Hazards not otherwise classified (HNOC) or not covered by GHS: None HAZARD CLASSIFICATION: Classified as hazardous based on IATA, IMDG, and DOT. FIRE AND EXPLOSION: Not considered flammable or combustible. POTENTIAL HEALTH EFFECTS: <0 % of mixture consists of ingredients of unknown acute toxicity APPEARANCE: Clear, colorless to amber (light) Section 3: Composition, Information on Ingredients PRODUCT COMPOSITION APPROX % CAS NO. EINECS/ ELINCS CANADA DSL Sulphuric Acid >93 7664-93-9 231-639-5 Y Water <7 7732-18-5 231-791-2 Y Some items on this SDS may be designated as trade secrets (TS). Bonafide requests for disclosure of trade secret information to medical personnel must be made in accordance with the provisions contained in 29 CFR 1910.1200 I 1-13. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Sulphuric Acid, 93-99% Product Sulphuric Acid Q0130 Rev 4- 4.24.2025 B.D SDS Page 3 of 9 Section 4: First Aid Measures Description of First Aid Measures Inhalation Move victim to fresh air. If not breathing, provide CPR (cardio pulmonary resuscitation). Do Not use mouth-to-mouth if victim ingested or inhaled with substance: give CPR with the aid of a pocket mask equipped with a one-way valve or other proper respiratory medical device. Get immediate medical attention. Skin Contact Immediately flush skin with running water for at least 15 minutes. (Pay particular attention to folds, crevices, creases, groin). Start flushing while removing contaminated clothing. While in transport continue applying cold, wet compresses. If medical treatment is delayed, repeat the flushing or immerse the affected area in cold water. Creams and ointments should NOT be applied before or during the washing process. Discard heavily contaminated clothing and shoes, otherwise wash clothing separately before reuse. Eye Contact Immediately flush eyes with running water for at least 15 minutes. Hold eyelids open during flushing. Get immediate medical attention. Ingestion DO NOT INDUCE VOMITING. Never give anything to an unconscious person. If victim is alert and conscious, rinse mouth with water to dilute material. Spontaneous Vomiting: have victim lean forward with head down to avoid aspiration. Rinse mouth and administer more water. Immediately contact local poison control center. Get immediate medical attention. Most important symptoms and effects, both acute and delayed Symptoms/Injuries after Inhalation Material is extremely destructive to the tissue of the mucous membranes and upper respiratory tract. Symptoms/Injuries after Skin Contact May be harmful if absorbed through skin. Causes skin burns. Causes skin irritation. Symptoms/Injuries after Eye Contact Causes severe eye burns. Causes eye irritation. Symptoms/Injuries after Ingestion May be harmful if swallowed. Indication of any immediate medical attention and special treatment needed Material is extremely destructive to tissue of the mucous membranes and upper respiratory tract, eyes, and skin., spasm, inflammation and edema of the larynx, spasm, inflammation and edema of the bronchi, pneumonitis, pulmonary edema, burning sensation, Cough, wheezing, laryngitis, Shortness of breath, Headache, Nausea, Vomiting, Pulmonary edema. Effects may be delayed, to the best of our knowledge; the chemical, physical, and toxicological properties have not been thoroughly investigated. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Sulphuric Acid, 93-99% Product Sulphuric Acid Q0130 Rev 4- 4.24.2025 B.D SDS Page 4 of 9 Section 5: Fire-fighting Measures Suitable extinguishing media Small Fire Use water spray, alcohol-resistant foam, dry chemical or carbon dioxide. Large Fire Flood fire area with large quantities of water while knocking down vapors with water fog. If insufficient water supply, knock down vapors only. Unsuitable extinguishing media No information available Special hazards arising from Non-combustible the substance or mixture Hazardous combustion products: Releases of sulfur dioxide at extremely high temperatures. Special remarks on Fire Not flammable but highly reactive. Strong dehydrating agent, which Hazards may cause ignition of finely divided combustible materials on contact. Special remarks on Explosion Reacts violently with water with the evolution of heat. Reacts with Hazards most metals, especially when diluted. Hydrogen gas release (extremely flammable, explosive). Protective actions fire-fighters Wear standard protective equipment, self-contained breathing apparatus and full fire-fighting gear. Runoff from fire control may cause pollution. Neutralize run-off with lime or soda ash. Further information Use water spray to cool unopened containers. Section 6: Accidental Release Measures Personal precautions, protective equipment, and emergency procedures Do not touch or walk through spilled material. Do not breathe vapor or mist. Provide sufficient ventilation, use respirator if ventilation is not satisfactory. Wear proper personal protective equipment (see Section 8). Environmental precautions Prevent further leakage or spillage if safe to do so. Prevent spills or contaminated rinse water from entering sewers or watercourses. Inform the local authorities if the product has caused environmental pollution. Methods and materials for containment and cleaning up Small Spills: Absorb with dry materials such as earth or sand. Place in a chemical waste container. Large spills: Dike the spill with earth or sand if possible. Restrict access to area until completion of clean up. Ensure trained personnel conduct clean up. Use proper personal protection equipment (see Section 8). Prevent liquid from entering waterways or sewers. Collect into plastic containers for disposal. Call emergency services. Comply with Federal, Provincial/State and local regulations on reporting releases. (For disposal reference section 13). Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Sulphuric Acid, 93-99% Product Sulphuric Acid Q0130 Rev 4- 4.24.2025 B.D SDS Page 5 of 9 Section 7: Handling and Storage Precautions for safe handling Use only with adequate ventilation. Do not inhale vapors. Wear proper protective equipment when handling this material. Avoid contact with skin, eyes, or clothing. Wash hands and face after handling this material. Conditions for safe storage, including any incompatibilities Keep container closed when not in use. Utilize chemical segregation. Follow all applicable local regulations for handling and storage. Specific uses Manufacture of Fertilizers, Batteries, Industrial chemicals, Water treatment, Pulp & Paper, Mining Section 8: Exposure Controls/Personal Protection Control Parameters PRODUCT COMPOSITION ACGIH TLV OSHA PEL NIOSH REL Sulphuric acid 0.2 mg/m3 1 mg/m3 1 mg/m3 Exposure controls VENTILATION: Always provide good general, mechanical room ventilation where this chemical/material is used. SPECIAL VENTILATION CONTROLS: Use this material inside totally enclosed equipment, or use it with local exhaust ventilation at points where vapors can be released into the workspace air. RESPIRATORY PROTECTION: Follow the OSHA respirator regulations found in 29 CFR 1910.134 or the CEN European Standards (EU). Use a NIOSH/MSHA or European Standard (EN) approved respirator if exposure limits are exceeded or if irritation or other symptoms are experienced. PROTECTIVE GLOVES: Neoprene, butyl, or nitrile rubber gloves are recommended. EYE PROTECTION: Safety glasses or splash goggles with face shield. SKIN PROTECTION: Complete personal protective equipment against chemical. The type of protective equipment must be selected according to the concentration and amount of the dangerous substance at the specific workplace. Recommended: Acid resistant rubber apron with long sleeves, boots. WORK/HYGIENE PRACTICES: Avoid breathing vapor. Avoid contact with eyes. Wash hands after handling. OTHER EQUIPMENT: Make safety shower, eyewash stations, and hand washing equipment available in the work area. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Sulphuric Acid, 93-99% Product Sulphuric Acid Q0130 Rev 4- 4.24.2025 B.D SDS Page 6 of 9 Section 9: Physical and Chemical Properties PRODUCT CRITERIA APPEARANCE - COLOR: Clear, colorless to amber (light) PHYSICAL STATE: Liquid (oily liquid, clear to turbid) ODOR: Odorless ODOR THRESHOLD Not available PH <1 (1% solution/water MELTING POINT/FREEZING POINT: -31°F to 52°F (-35°C to 11°C) INITIAL BOILING POINT AND BOILING RANGE: 379°F to 621°F (193°C to 327°C) at 760 mm Hg FLASH POINT: Not Applicable EVAPORATION RATE: Not available FLAMMABILITY (Solid, gas) Not Available UPPER/LOWER FLAMMABILITY OR EXPLOSIVE LIMITS Not available VAPOR PRESSURE <1 Mm Hg, 77°F VAPOR DENSITY (AIR = 1) 3.4 [Air = 1] RELATIVE DENSITY (@25 oC): 1.84 SOLUBILITY(IES) Yes (water) OXIDIZING PROPERTIES Not available PARTITION COEFFICIENT: n-octanol/water Not available AUTO IGNITION TEMPERATURE Not available DECOMPOSITION TEMPERATURE >340°C VISCOSITY 28 – 36 cP @ 60°F Section 10: Stability and Reactivity Reactivity: Reacts violently with water, organic substances and base solutions with evolutions of heat and hazardous mists. Chemical Stability: Stable under recommended storage conditions. Possibility of Hazardous Reactions: Under normal conditions of storage and use will not occur. Reacts violently with water Conditions to Avoid: Heat, sources of ignition Incompatibility (Materials to Avoid): Bases, Halides, Organic materials, Carbides, fulminates, Nitrates, picrate’s, Cyanides, Chlorates, alkali halides, Zinc salts, permanganates, e.g. potassium permanganate, Hydrogen peroxide, Azides, Perchlorates., Nitromethane, phosphorous, Reacts violently with:, cyclopentadiene, cyclopentanone oxime, nitroaryl amines, hexalithium disilicide, phosphorous(III) oxide, Powdered metals Hazardous Decomposition Products: Possibility of decomposition if heated and in contact with sources of ignition. Release of toxic gases and vapors (sulfur oxides SO2, SO3). Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Sulphuric Acid, 93-99% Product Sulphuric Acid Q0130 Rev 4- 4.24.2025 B.D SDS Page 7 of 9 Section 11: Toxicological Information GHS Required Criteria Toxicity Criteria Toxicity Information Comments Chemical Constituent Acute Toxicity LD50 (Oral/Rat): 2140 mg/kg Sulphuric acid LC50 (Inhalation/Rat): 510 mg/m3 2 hours Sulphuric acid Skin Corrosion/Irritation Skin - Rabbit - Extremely corrosive and destructive to tissue. Sulphuric acid Serious Eye Damage / Eye Irritation Eyes - Rabbit - Corrosive to eyes Sulphuric acid Respiratory or Skin Sensitization Data not available Germ Cell Mutagenicity Data not available Carcinogenicity Not listed NTP Not listed IARC Not listed OSHA Reproductive Toxicity Data not available STOT -- Single Exposure Data not available STOT – Repeated Exposure Data not available Aspiration Hazard Data not available STOT = Specific Target Organ Toxicity Section 12: Ecological Information Toxicity: Toxicity to fish LC50 - Gambusia affinis (Mosquito fish) - 42 mg/l - 96 h Sulphuric acid EC50 - Daphnia magna (Water flea) - 29 mg/l - 24 h Sulphuric acid Persistence and degradability: No information is available. Bioaccumulative potential No information is available. Mobility in soil: No information is available. PBT and vPvB assessment: No information is available. Other adverse effects: No information is available. Section 13: Disposal Considerations Waste from residues/unused products: Follow the waste disposal requirements of your country, state, or local authorities. Contact a licensed professional, waste disposal service to dispose of this material. Dissolve or mix the material with a combustible solvent and burn in a chemical incinerator equipped with an afterburner and scrubber. Offer surplus and non-recyclable solutions to a licensed disposal company. Contaminated packaging: Contaminated packaging material should be disposed of as stated above for residues and unused product. Rinsate: Do not dispose of rinse water containing product in a sanitary sewer system or stormwater drainage system. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Sulphuric Acid, 93-99% Product Sulphuric Acid Q0130 Rev 4- 4.24.2025 B.D SDS Page 8 of 9 Section 14: Transport Information ROAD TRANSPORT: ADR = International Carriage of Dangerous Goods by Road UN NUMBER: UN 1830 DOT PROPER SHIPPING NAME Sulfuric Acid DOT / ADR HAZARD CLASS: Corrosive DOT / ADR LABELS: Class 8 PLACARD: Corrosive, Class 8 DOT / ADR PACKAGING GROUP: II REPORTABLE QUANTITY (RQ) 1000 LBS (454 Kgs) SEA TRANSPORT: IMDG PROPER SHIPPING NAME Sulfuric Acid UN NUMBER SEA UN 1830 CLASS: 8 PACKING GROUP: II EmS No.: F-A, S-B MARINE POLLUTANT: No SEA TRANSPORT NOTES: Category C. For Steel drums Category B. AIR TRANSPORT: IATA/ICAO UN NUMBER: UN 1830 PROPER SHIPPING NAME Sulfuric Acid HAZARD CLASS: 8 PACKAGING GROUP: II Section 15: Regulatory Information TOXIC SUBSTANCES CONTROL ACT (TSCA) STATUS: This product is in compliance with rules, regulations, and orders of TSCA. All components are listed on the TSCA Inventory. SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 (SARA) TITLE III SECTION 313 SUPPLIER NOTIFICATION: This regulation requires submission of annual reports of toxic chemical(s) that appear in section 313 of the Emergency Planning and Community Right To Know Act of 1986 and 40 CFR 372. This information must be included in all SDS’s that are copied and distributed for the material. The Section 313 toxic chemicals contained in this product are: Sulfuric acid CALIFORNIA PROPOSITION 65: This regulation requires a warning for California Proposition 65 chemical(s) under the statute. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Sulphuric Acid, 93-99% Product Sulphuric Acid Q0130 Rev 4- 4.24.2025 B.D SDS Page 9 of 9 The California proposition 65 chemical(s) contained in this product are: None STATE RIGHT-TO-KNOW TOXIC SUBSTANCE OR HAZARDOUS SUBSTANCE LIST: Florida Toxic Substance(s): Not listed Massachusetts’s hazardous substance(s): Sulfuric acid Pennsylvania hazardous substance code(s): Sulfuric acid New Jersey Sulfuric acid CANADA: This SDS contains all of the information required by the Controlled Products Regulations (CPR). WHMIS-INFORMATION: This product has been classified in accordance with the hazard criteria of the Controlled Products Regulations (CPR), SOR/88-66, Current to February 20, 2012. The classes of controlled products listed in the CPR, Section 32, Part IV, have been reviewed and based on Professional Judgment this product has been determined to be WHMIS controlled as a corrosive material. Sulphuric acid: D1A - Poisonous and infectious material - Immediate and serious effects - Very toxic E - Corrosive material EUROPEAN UNION: This product has been reviewed for compliance with the following European Community Directives: REACH 1907/2006; Regulation (EC) No 1272/2008 on classification, labeling, and packaging (CLP) of substances and mixtures. None of the chemicals used in this product are on the EU’s REACH SVHC (Substances of Very High Concern) chemicals list (as of June 16, 2014). Section 16: Other Information NFPA Rating: Component Health (Blue) Flammability (Red) Reactivity (Yellow) Special (White) SULPHURIC ACID 3 0 2 W Initial issue date: April 29, 2015 Final revision date: April 24, 2025 Revision Number: 4 Revision explanation Company Name Change Information Sources: RTECS, ECHA, REACH, OSHA 29CFR 1910.1200 “Disclaimer: This document is generated to distribute health, safety and environmental data. It is not a specification sheet and none of the displayed data should be construed as a specification. Information on this SDS sheet was obtained from sources which we believe are reliable, and we believe that the information is complete and accurate. However, the information is provided without any warranty, express or implied, regarding its correctness. Some of the information presented and conclusions drawn are from sources other than direct test data of the substance. The conditions or methods of handling, storage, use and disposal of the product are beyond our control and may also be beyond our knowledge. It is the user’s responsibility to determine the suitability of any material for a specific purpose and to adopt such safety precautions as may be necessary. If the product is used as a component in another product, this SDS information may not be applicable. For these reasons, we do not assume any responsibility and expressly disclaim liability for any loss, damage or expense arising out of or in any way connected with the handling, storage, use or disposal of this product.” SDS AUTHORED BY: WWW.AEGIS-EHS.COM Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A SUBMITTED SAMPLE APRIL 11, 2025 H2SO4 SATCO CERTIFICATE OF ANALYSIS TAMPA, FL SATCO, INC REFERENCE NO.: 25-2393 Page 1 CERTIFICATE OF ANALYSIS TEST METHOD RESULT TANK 5 IRON (Fe) AFPC XI-14B 6 ppm H2SO4 ASTM E223-08 93.87 % DENSITY TFI IV-D1 1.8358 g/cm3 The above analytical result applies solely to the sample as received and is subject to the limitations of method uncertainty. This report shall not be reproduced, except in full, without approval of the laboratory. Sample/s were tested at the following location: 2740 Causeway Center Dr. Tampa, FL 33619 AmSpec MTS, Inc. Larry C. Zeringue, Operations Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A The Public Health and Safety Organization NSF Product and Service Listings These NSF Official Listings are current as of Monday, May 12, 2025 at 12:15 a.m. Eastern Time. Please contact NSF to confirm the status of any Listing, report errors, or make suggestions. Alert: NSF is concerned about fraudulent downloading and manipulation of website text. Always confirm this information by clicking on the below link for the most accurate information: http://info.nsf.org/Certified/PwsChemicals/Listings.asp?Company=0F460&Standard=060& NSF/ANSI/CAN 60Drinking Water Treatment Chemicals - Health Effects Sulphuric Acid Trading Company,Inc. (SATCO) 10210 Highland Manor Dr. Ste 140 Tampa, FL 33610 United States 800-633-1358 813-225-2000 Facility : Stockton, CA Sulfuric Acid Trade Designation Product Function Max Use Sulfuric Acid Corrosion & Scale Control pH Adjustment 50mg/L Sulphuric Acid Corrosion & Scale Control pH Adjustment 50mg/L 5/12/25, 12:43 PM Listing Category Search Page | NSF International https://info.nsf.org/Certified/PwsChemicals/Listings.asp?Company=0F460&Standard=060 1/2 ** In the process of updating our name change toInteracid North America, Inc. with NSF.** Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Facility : Tampa, FL Sulfuric Acid Trade Designation Product Function Max Use Sulfuric Acid Corrosion & Scale Control pH Adjustment 50mg/L Sulphuric Acid Corrosion & Scale Control pH Adjustment 50mg/L NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Number of matching Manufacturers is 1 Number of matching Products is 4 Processing time was 0 seconds 5/12/25, 12:43 PM Listing Category Search Page | NSF International https://info.nsf.org/Certified/PwsChemicals/Listings.asp?Company=0F460&Standard=060 2/2 Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A ITB 25-016 RE: Conflict of Interest Interacid North America, Inc. affirms that it does not have a record of conflicts of interest, as defined In Florida Statutes, that have not been waived. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY Willis Towers Watson Northeast, Inc.c/o 26 Century BlvdP.O. Box 305191Nashville, TN 372305191 USA Interacid North America, Inc. (fka Sulphuric Acid Trading Company Inc)10210 Highland Manor Drive, Ste. 140Tampa, FL 33610 Bumbershoot Liabilities - policy nos. and underwriters are as follows: National Union Fire Insurance Company of Pittsburgh, PA50%Policy # 45780550 City of Deerfield Beach150 NE 2nd AvenueDeerfield Beach, FL 33441 04/21/2025 1-877-945-7378 1-888-467-2378 certificates@wtwco.com National Union Fire Insurance Company of P 19445 Everest Denali Insurance Company Illinois Union Insurance Company 16044 27960 W38696385 A 1,000,000 1,000,000 5,000Marine GL / Marine Term Operators 1,000,000 1,000,000 1,000,000 Y Y 045780547 04/15/2025 04/01/2026 Ded 25,000 B 1,000,000 10/30/202504/01/2025EN6CA00141241 A 2,000,000 045780550 04/15/2025 04/01/2026 2,000,000 EN6WC00088241B 1,000,000No04/01/2025 10/30/2025 1,000,000 1,000,000 C Pollution Condition Per ConditionG24883930 008 04/01/2023 04/01/2026 SIR 393004227635491SR ID:BATCH: Action Over/Indemnity incld, Pollution S&A $100,000 $1,000,000 WTW Certificate Center Page 1 of 2Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Interacid North America, Inc. (fka Sulphuric Acid Trading CompanyInc)10210 Highland Manor Drive, Ste. 140Tampa, FL 33610 Liberty Mutual Insurance Company25%Policy # NYABDEO5009 Zurich American Insurance Co.25%Policy # MAR5846827-01 City of Deerfield Beach and City of Deerfield Beach Commision are included as an Additional Insured as respects toGeneral Liability. Waiver of Subrogation applies in favor of the Additional Insureds with respects to GeneralLiability. 2 2 Willis Towers Watson Northeast, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance W38696385CERT:3930042BATCH:27635491SR ID: Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Interacid North America, Inc. 10210 Highland Manor Dr., Suite 140 Tampa, Florida 33610 P: (813) 225-2000 Announcement of Merger and Corporate Name Change We are thrilled to announce a significant milestone in the evolution of our company. Effective April 1, 2025, LLC (“Saconix”) has officially merged into Sulphuric Acid Trading Company, Inc. (“Satco”) legal entity. As part of this exciting development, the two companies will rebrand as Interacid North America, Inc. under Interacid Group. Interacid North America, Inc. will continue to honor all obligations of SATCO and Saconix and seek to further enhance its services through this merger. SATCO and Saconix are both wholly owned subsidiaries of Sumitomo Corporation of Americas (“SCOA”), the largest subsidiary of Sumitomo Corporation, one of the world’s leading integrated conglomerates with a vast network of offices and portfolio companies globally. Saconix is an industry-leading distribution and logistics partner for sulfuric acid and other industrial chemicals with strategically located assets across North America. Like SATCO, Saconix is known for its reliability and high quality of service. SATCO has imported and distributed sulfuric acid in the United States for over 30 years, initially operating out of its Port Tampa Bay marine terminal, then expanded its operations in 2019 with the opening of its new import terminal located at the Port of Stockton in California. We believe this merger will benefit all stakeholders because it allows us to combine our strengths and maximize operational efficiency. As subsidiaries of SCOA, SATCO and Saconix share core values and commitments rooted in safety, exceptional service, a strong financial foundation, and unrivaled access to the global marketplace through Sumitomo Corporation’s extensive network. Key Benefits of the Merger: •Maintain Relationships with Local Contacts: You will continue to work with the same local point of contact you know and trust, while benefiting from our expanded global network. •Access to Technological and Intelligence Resources: Our combined resources will provide you with cutting-edge technology and intelligence to support your business needs. •World-Class Logistics and Tank Operations: We are committed to delivering excellence to our customers across every touchpoint, ensuring the seamless transport, storage and delivery of sulfuric acid. The joining of these two companies increases our footprint and facilities. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Going forward, our email addresses will change to a naming convention of [first initial].[last name]@interacidna.com. Otherwise, our operations will remain unchanged and continue from our current offices. If you have any questions about this exciting news, please contact Info@Interacidna.com. We are grateful for the opportunity to serve your business and grow together. We are confident that this merger will benefit all of us and look forward to continuing our successful partnership. Thank you for your continued support. Very truly yours, Brent Shonka President, Saconix LLC and President and Secretary, Sulphuric Acid Trading Company, Inc. (Both now Interacid North Americas, Inc.) Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A An o icial website of the United States government Here’s how you know Home Data Bank Data Services HelpSearch Search All Words e.g. 1606N020Q02 Search Results Saved Searches Filter By Keyword Search For more information on how to use our keyword search, visit our help guide Simple Search Search Editor e.g. 123456789, Smith Corp Classification Excluded Individual Excluded Entity Entity Name Unique Entity ID CAGE / NCAGE Federal Organizations Exclusion Type Any Words All Words Exact Phrase Interacid North America, Inc Interacid North America, Inc e.g. HTYR9YJHK65L 5/29/25, 12:18 PM SAM.gov | Search https://sam.gov/search/?index=ex&page=1&pageSize=25&sort=-relevance&sfm%5BsimpleSearch%5D%5BkeywordTags%5D%5B0%5D%5Bvalue%5…1/3 Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A WARNING Exclusion Program Location Dates Reset Entity Information Entities Disaster Response Registry Responsibility / Qualification Exclusions No matches found We couldn’t find a match for your search criteria. 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All individuals viewing, reproducing or disposing of this information are required to protect it in accordance with 32 CFR Part 2002 and GSA Order CIO 2103.2 CUI Policy. 5/29/25, 12:18 PM SAM.gov | Search https://sam.gov/search/?index=ex&page=1&pageSize=25&sort=-relevance&sfm%5BsimpleSearch%5D%5BkeywordTags%5D%5B0%5D%5Bvalue%5…2/3 Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A SAM.gov An o icial website of the U.S. General Services Administration 5/29/25, 12:18 PM SAM.gov | Search https://sam.gov/search/?index=ex&page=1&pageSize=25&sort=-relevance&sfm%5BsimpleSearch%5D%5BkeywordTags%5D%5B0%5D%5Bvalue%5…3/3 Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A ACTION OF THE DIRECTORSOFINTERACD NORTH AMERICA,INC. BY UN▲NIMOUS WRITTEN CONSENTIN LIEU OF ANNUAL MEETING The undersigned,consthuting all he directors of lnteracid North Americaぅ Inc., aFlorida corporation(he“COmpany''),do hereby unanimouSly agree,declare,and consent in writing,without A meeting and in lieu ofthe annual meeting hereot purSuantto ano in accordance with Sections 607.0820 and 607.0821 ofthe Fiorida 13usiness Corporation Act, to the ad9ption ot and dO hereby adopt,as ofthe_____day of Apri1 2025,the following resolutions and thO actions specined thttrein: RATIFICATION OF OFFICERS'△CTS RESOLVED,that ule lawful actions oftte offlcers ofthe Company on behalfofthe cOmpany during he prOceding ascal year(April l,2024-March 31,2025)are町 )prOved and ratiied to he eXtent permtted by taw. DELEG▲TION OF AUTHORITY TO President&Treasurer RESOLVED,hat,effect市e 2025,Brent Shonka,Prcsident,and Christopher Clark,Treasuret are herebブ authorized and directed to make any and all contracts,agreements,and orders which 4e may deem mecessary,appЮ priate,or advisable from tirne to tirne in the ordinary c6urse ofconducting the business ofthe Compatt in heir capacities as Presidcnt or Treasurer,suttCCt tO att exiSting limitations or restrictions requiring approval ofanother offlcer ofthe Cottpany or the]Board of E)irectors. ELECT10N OF OFFICERS RESOLVED,that thc followi4g persons are etected to the cOrporate offlce indicted oppositoheir names below to scⅣe forthe respect市 c temns pro宙 ded in the bylaws or until their earlier death,rcsignation,or removal frOm omce. Name Office President Secretaリ Treasurer Brent Shonka Brent Shonka Christopher Clark Page 1 0f2 Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A RESOLVED,hat all“tions relatcd to hc foregoing werc deemod approp五 射c and have been approved and Fati■ed. The foregoing Resolutiomtt will be effective on hc latest date cxccutcd by』l he dittctorS ofhe Compatt set fOrth below: EXECUTED: “みつた Masataka Tani,Director EXECUTED: ヽ江asaya Sato,I)ircctor Page 2 oF2 Apr 25, 2025 Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A ITB 25-016 RE: Qualifying Agent Documentation Interacid North America, Inc. does not require a qualifying agent for bulk chemicals. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A ACTION OF THE DIRECTORSOFINTERACD NORTH AMERICA,INC. BY UN▲NIMOUS WRITTEN CONSENTIN LIEU OF ANNUAL MEETING The undersigned,consthuting all he directors of lnteracid North Americaぅ Inc., aFlorida corporation(he“COmpany''),do hereby unanimouSly agree,declare,and consent in writing,without A meeting and in lieu ofthe annual meeting hereot purSuantto ano in accordance with Sections 607.0820 and 607.0821 ofthe Fiorida 13usiness Corporation Act, to the ad9ption ot and dO hereby adopt,as ofthe_____day of Apri1 2025,the following resolutions and thO actions specined thttrein: RATIFICATION OF OFFICERS'△CTS RESOLVED,that ule lawful actions oftte offlcers ofthe Company on behalfofthe cOmpany during he prOceding ascal year(April l,2024-March 31,2025)are町 )prOved and ratiied to he eXtent permtted by taw. DELEG▲TION OF AUTHORITY TO President&Treasurer RESOLVED,hat,effect市e 2025,Brent Shonka,Prcsident,and Christopher Clark,Treasuret are herebブ authorized and directed to make any and all contracts,agreements,and orders which 4e may deem mecessary,appЮ priate,or advisable from tirne to tirne in the ordinary c6urse ofconducting the business ofthe Compatt in heir capacities as Presidcnt or Treasurer,suttCCt tO att exiSting limitations or restrictions requiring approval ofanother offlcer ofthe Cottpany or the]Board of E)irectors. ELECT10N OF OFFICERS RESOLVED,that thc followi4g persons are etected to the cOrporate offlce indicted oppositoheir names below to scⅣe forthe respect市 c temns pro宙 ded in the bylaws or until their earlier death,rcsignation,or removal frOm omce. Name Office President Secretaリ Treasurer Brent Shonka Brent Shonka Christopher Clark Page 1 0f2 Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A RESOLVED,hat all“tions relatcd to hc foregoing werc deemod approp五 射c and have been approved and Fati■ed. The foregoing Resolutiomtt will be effective on hc latest date cxccutcd by』l he dittctorS ofhe Compatt set fOrth below: EXECUTED: “みつた Masataka Tani,Director EXECUTED: ヽ江asaya Sato,I)ircctor Page 2 oF2 Apr 25, 2025 Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A ITB # 25-016 Sulfuric Acid 93% for Water Treatment Plant EXHIBIT “B” SCOPE OF SERVICES Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach ITB25-016 Sulfuric Acid 93% for Water Treatment Plant Operations SECTION VI – SPECIFICATIONS 1. General The City of Deerfield Beach is actively seeking bids from qualified vendors to provide Sulfuric Acid 93% (H2SO4) in bulk, delivered on an as-needed basis to the Water Treatment Plant Operations, 290 Goolsby Blvd, Deerfield Beach, FL 33442 and other participating SE Florida Governmental Purchasing Cooperative Group agencies as stated in this ITB. The City of Deerfield Beach is acting as the lead agency for the Cooperative Group for this bid. This will be a term contract. 2. Technical Specifications a. Sulfuric Acid 93% (H2SO4) will be used by the City’s Water Treatment Plant to produce drinking water, and all products bid must be authorized for such use by the City. b. This product is for use in the Water Treatment Plant’s (membrane filtration system). c. Technical Grade: 93.19% minimum 66-degree Baume. d. Total iron content shall not exceed twenty-five parts per million (25ppm). 3. Certification and Testing a. The sulfuric acid supplied shall be listed by the National Sanitation Foundation (NSF) as being in full compliance with NSF/ANSI Standard 60 for Drinking Water Treatment Chemicals – Health Effects. The Contractor shall submit with their Response Attachments proof of certification that the product offered conforms to NSF/ANSI Standard 60. b. The City reserves the right during the contract period to determine by independent test if the product supplied by the Successful Offeror meets the specifications herein. If test meets the specifications, then cost of the test shall be paid for by the City. If the test does not meet the specifications, then cost of the test shall be paid for by the Successful Offeror. In addition, the facilities of the Florida State Department of Agriculture testing laboratories may be used for any referee testing. c. Offerors shall submit with their Response Attachments certified laboratory tests within the past six (6) months to substantiate minimum and average figures, along with a typical analysis of the Sulfuric Acid 93% product offered listing all impurities, detailed technical product specifications with applicable Material Safety Data Sheet (MSDS), and proof that the product bid has been approved by applicable Federal agencies for use in drinking water. Reference Exhibit A – Material Data Sheet (MSDS) for the current product used by the City. 4. Standardization / Variances The City intends to purchase a product as specified and contained herein. In no way does the City of Deerfield Beach intend to limit competition to one bidder. State any and all variances clearly in writing. Wherever in these contract documents a particular brand, make of material, manufactured article, device or equipment is shown or specified, such brand, make of material, manufactured article, device or equipment should be regarded as the standard. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach ITB25-016 Sulfuric Acid 93% for Water Treatment Plant Operations 5. Delivery a. The Contractor shall be notified by email, telephone, or facsimile for requested deliveries and shall make deliveries within seventy-two (72) hours of the request or as otherwise specified by the Bidder on the Bid Schedule. Deliveries shall be made in 25-ton increments. All deliveries shall be made on weekdays, excluding holidays observed by the City, between the hours of 8:00 a.m. and 2:00 p.m. The City of Deerfield Beach reserves the right to terminate the contract in the event the delay in delivery is deemed unacceptable. b. The Contractor shall ensure that the product is delivered in clean containers/tanks and is free of contamination. If the stock is contaminated, the Contractor, shall be liable for all costs associated with disposal of contaminated material, cleanup of storage facilities and full replacement of product at the Contractors expense. The City reserves the right to reject any delivery that has been contaminated or does not conform to product specifications. c. The transfer of product from the delivery vehicle to the City’s storage tanks shall be the sole responsibility of the Contractor. The Contractor shall be responsible for all health, safety, and costs associated with the transport and delivery of the product, to include but not limited to chemical spills and related cleanups. d. The fill lines to the City’s storage tanks are equipped with a 2-inch, male, quick-connect coupling. In order to protect the acid tank fill line, transfer of acid must be performed at low pressure (25-30 psi). 6. Inventory The vendor shall have access to adequate inventory to attain 100% fill rate. A 100% fill rate shall mean that 100% of product will be delivered within seventy-two (72) hours after receipt of order. The City of Deerfield Beach and all other Cooperative Group agencies reserves the right to require proof of access to inventory. The vendor shall immediately notify the Purchasing Department of each respective Cooperative Group agency when out of stock of product due to circumstances beyond their control. The City of Deerfield Beach reserves the right to procure out of stock product from other sources in these circumstances. 7. Substitutions a. The City shall not accept substitute shipments of any kind. Contractor shall furnish the product specified in the bid once awarded. Any substitution of material will require prior written approval by the City of Deerfield Beach. Any substitute shipments that have not received the prior written approval of the City shall not be accepted and shall be returned at the expense of the Contractor. b. If a bid item is discontinued by the manufacturer during the period of award and the bid item is not available from within the vendors or manufacturers inventory, then the vendor shall advise the Purchasing Departments of all agencies, in writing, of non-availability of the bid item and shall include complete descriptive, technical literature on the item offered to replace the discontinued bid item and, upon written approval, shall furnish the replacement item at the same firm price offered for the original bid item or at a lower price during the remainder of the period of award. Samples of replacement items, if Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Deerfield Beach ITB25-016 Sulfuric Acid 93% for Water Treatment Plant Operations requested, must be supplied for evaluation by the appropriate City staff. The City of Deerfield Beach shall not be held liable for any damages incurred to equipment during evaluation. 8. Samples and Demonstrations When requested, samples are to be furnished free of charge to the City. If a sample is requested, it must be delivered within seven (7) days of the request, unless otherwise stated in the bid. Each sample must be marked with the Offeror’s name and manufacturer’s brand name. The City will not be responsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract. All demonstrations shall be done at the expense of the Offeror. 9. Reporting Requirements The Contractor(s) shall furnish to the City of Deerfield Beach, acting as lead agency for the Cooperative Group agencies, a detailed Summary of Sales report on a semi-annually basis during the contract period. The Summary of Sales report shall include the following information: • Contractor’s name • Contract name and number • Tonnage for each participating Cooperative Group agency • Total dollar sales volume for each participating Cooperative Group agency The report may be provided in greater detail, but no less than the requirement stated herein. Docusign Envelope ID: 09DECE43-2992-452C-B6BF-2B16DFF22E67Docusign Envelope ID: B5AE0F3E-BA5A-43BE-963D-3A5E8761E47A City of Dania Beach Public Services Memorandum DATE: 10/28/2025 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Fernando J. Rodriguez, Public Services Director Sean Schutten, P.E., Deputy Director/City Engineer SUBJECT: AUTHORIZATION TO EXCEED THE ANNUAL SINGLE VENDOR PURCHASING POLICY OF FIFTY THOUSAND DOLLARS ($50,000.00) WITH U.S. WATER SERVICE CORPORATION DBA ROCHA CONTROLS CORPORATION FOR “CALIBRATIONS AND REPAIRS OF FLOW METERS AND RELATED DEVICES”. Request: The Public Services Department (PSD) is requesting the City Commission's approval to exceed the single vendor annual expenditure of $50,000 with Rocha Controls Corp. Background: On July 8, 2025, the City Commission entered into an agreement of Bid (ITB) No. 25-013 “Calibrations and Repairs of Flow Meters and Related Devices” to U.S. Water Services Corporation DBA Rocha Controls via Resolution 2025-093. This important service is required year-round by the water treatment plant, and includes flow meter calibrations, repairs for electronic controls for gravity filters, and wiring work on high service pumps, lime softening feed systems, lift station panels and more. Budgetary Impact The projected cost for the coming year is $75,000. Funding will be appropriated from the Water Plant “Repair & Maint. Services Equipment” Account No. 401-33-03-533-46-10 in the amount $50,000, and the Sewer “Repair & Maint. Services Utilities” Account No. 402-35- 02-535-46- 70, in the amount of $25,000. Recommendation PSD recommends approval to exceed the $50,000 single-vendor annual expenditure threshold with Rocha Controls Corp. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REQUESTING AUTHORIZING THE EXPENDITURE OF FUNDS TO EXCEED THE ANNUAL VENDOR TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00) FOR EACH YEAR THE CONTRACT IS IN PLACE FOR CALIBRATIONS AND REPAIRS OF FLOW METERS AND RELATED DEVICES WITH ROCHA CONTROLS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania Beach approved Resolution 2025-093, 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 July 8, 2025, the City awarded and entered into an agreement of ITB No. 25-013 “Calibrations and Repairs of Flow Meters and Related Devices”, with U.S. Water Services Corporation DBA Rocha Controls; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, “Monetary thresholds for certain purchases and payment disbursement authorizations”, Subsection (a), sets the monetary threshold at $50,000.00 for a vendor each fiscal year. 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 additional funding for Rocha Controls. in an amount exceeding the annual amount of the Fifty Thousand Dollar ($50,000.00) purchase threshold for a single vendor for fiscal year 2025-2026; 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. RESOLUTION #2025-_____ 2 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: 10/28/2025 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/City Engineer SUBJECT: ADOPTION OF THE STORMWATER MASTER PLAN Request: The Public Services Department (PSD) is requesting approval of a resolution adopting the Stormwater Master Plan (SWMP) recently completed and presented to the City Commission. Background: The Administration’s strong and consistent commitment to address the stormwater challenges across the city has led to roughly a dozen stormwater projects completed or currently in process over the past three years. In addition to these efforts, which include the ongoing SE Drainage Improvement Project (the largest infrastructure initiative in the city’s history) in mid-2023 the Public Services Department (PSD) engaged the services of Chen Moore and Associates, Inc. (CMA) to complete a comprehensive, citywide stormwater master plan (RFQ No. 22-023 award). The analysis undertaken to complete the SWMP included applying past and real-time/incoming flooding level data from rain events, examining the city’s topography across various areas, studying/assessing existing infrastructure and systems, and reviewing the effects of the interconnectivity (where applicable) of said systems across geographical areas of the city. Ten areas of vulnerability were identified citywide, and the overall SWMP development process and results were presented by CMA to the City Commission and Administration on August 26, 2025. The ten areas are mapped in the attached exhibit. PSD will work closely with CMA to prioritize the areas to be addressed via projects within the 10 areas identified. Subsequently, based on prioritization and funding availability, projects will the planned, designed and bid out over the next several years Budgetary Impact None. Recommendation PSD recommends the approval of the resolution adopting the Stormwater Master Plan. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE ADOPTON OF THE STORMWATER MASTER PLAN, PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City engaged the services of Chen Moore and Associates, Inc (CMA) to develop a citywide Stormwater Master Plan (SWMP); and WHEREAS, the SWMP was developed over the past two years by analyzing flooding data and information including data from historical rain events, city topography, existing drainage systems as well the impact of their interconnectivity; and WHEREAS, the master plan, which identified 10 vulnerable areas, was presented by CMA to the City Administration and Commission on August 26, 2025; and WHEREAS, the formal adoption of the SWMP by the City Commission is required to proceed with the resulting projects’ identification, design and construction over the coming few years to properly address the city’s stormwater challenges. 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 this resolution to adopt the Stormwater Master Plan as presented at the August 26, 2025 commission meeting. Section 3. That the Executive Summary to the Stormwater Master Plan is attached as Exhibit “A” and made a part of this resolution by this reference. 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. 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 City of Dania Beach Finance Memorandum DATE: 10/28/2025 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Yeimy Guzman, Chief Financial Officer SUBJECT: Resolution authorizing the First Amendment to the Agreement between the City of Dania Beach and the Broward County Sheriff’s Office for the addition of one (1) Sergeant position. Request: The Finance Department requests approval of a Resolution authorizing the First Amendment to the Agreement between the City of Dania Beach and the Broward County Sheriff’s Office for the addition of one (1) Sergeant. Background: The current agreement between the City and Broward Sheriff’s Office (BSO) for Police Services was executed on October 1, 2025, and is effective through September 30, 2030. The FY2025/26 approved budget provides for the addition of one (1) Sergeant starting October 2025. The City Administration believes that the addition of this position is necessary and in the best interest of the City, and therefore recommends approval of the First Amendment to the Agreement for the addition of (1) Sergeant starting October 2025. Budgetary Impact The cost for the additional position has been appropriated in the Fiscal Year 2025-26 budget to account # 001-21-01-521-31-10 in the amount of three hundred forty-five thousand one hundred eighty-six dollars ($345,186.00). Recommendation Approve the Resolution authorizing the First Amendment to the Agreement between the City of Dania Beach and the Broward County Sheriff’s Office for the addition of (1) Sergeant starting October 2025. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA, AND THE BROWARD COUNTY SHERIFF’S OFFICE FOR POLICE SERVICES DATED OCTOBER 1, 2025; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT FOR SUCH SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City and Broward Sheriff’s Office (BSO) executed an Agreement for five (5) years, beginning October 1, 2025, through September 30, 2030; and WHEREAS, the City and BSO desire to adjust the staffing structure by adding one (1) Sergeant position, October 1, 2025, at a cost of three hundred forty-five thousand one hundred eighty-six dollars ($345,186.00) for the fiscal year 2025-26. 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, made a part of and incorporated into this Resolution by this reference. Section 2. That the proper City officials are authorized to execute the First Amendment to the Agreement between the City of Dania Beach, Florida, and BSO for Police Services, which Amendment will adjust the staffing structure and is deemed necessary and in the best interests of the City. A copy of the Amendment is attached as Exhibit “A” and made a part of and incorporated into this Resolution by this reference. Section 3. That the City Manager and City Attorney are authorized to make minor revisions to the First Amendment to the Agreement. Section 4. That the cost for the additional positions has been appropriated in the Fiscal Year 2025-26 budget to Account No. 001-21-01-521-31-10 in the amount of three hundred forty- five thousand one hundred eighty-six dollars ($345,186.00). Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be in force and take effect immediately upon its passage and adoption. 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 1 FIRST AMENDMENT TO AGREEMENT FOR POLICE SERVICES This First Amendment is entered into this ___ day of October, 2025 by and between Gregory Tony, PhD., as Sheriff of Broward County (hereinafter referred to as “BSO”) and the City of Dania Beach (hereinafter referred to as the “CITY”). WHEREAS, on or about October 1, 2025, BSO and the CITY entered into an Agreement for Police Services; and WHEREAS, CITY and BSO are now desirous of adjusting the staffing structure by adding one sergeant position, and NOW, THEREFORE, in consideration of the mutual terms and conditions contained herein, the parties agree as follows: 1. The foregoing recitations are true and correct and are incorporated by reference. 2. The staffing structure in the City is amended to add one Deputy Sheriff Sergeant position, as reflected on the Revised Exhibit A, attached hereto and incorporated within. The annual consideration will be increased to reflect the new position, including salary, benefits, vehicle and equipment. 3. Except as modified herein, all remaining items and conditions of the Agreement, shall remain in full force and effect. 2 IN WITNESS WHEREOF, each of the parties hereto executes this First Amendment through its duly authorized representatives as set forth below. GREGORY TONY. PH.D. AS SHERIFF OF BROWARD COUNTY ________________________________ Date:______________________ GREGORY TONY, PH.D. Sheriff Approved as to form and legal sufficiency subject to the execution by the parties: By: _____________________________ TERRENCE O. LYNCH, General Counsel/Executive Director CITY OF DANIA BEACH ATTEST: By: __________________________ By: ELORA RIERA, MMC, City Clerk JOYCE L. DAVIS, Mayor __ day of October, 2025. By: __________________________ APPROVED AS TO FORM: ANA M. GARCIA, ICMA-CM, City Manager ____________________________ EVE A. BOUTSIS, City Attorney 3 EXHIBIT A TO THE FIRST AMENDMENT SPECIAL TERMS AND CONDITIONS The following Special Terms and Conditions have been agreed upon by and between the CITY and BSO: CITY: City of Dania Beach EFFECTIVE DATE OF AGREEMENT: October 1, 2025 EFFECTIVE DATE OF FIRST AMENDMENT October 18, 2025 FIRST YEAR: October 1, 2025 – September 30, 2026 TERM: October 1, 2025 – September 30, 2030 RENEWAL OPTION: Renewable for one five year term subject to agreement of the parties. CITY BOUNDARIES: As set by City Ordinance STAFFING STRUCTURE: 1 District Chief 3 Lieutenants 9 Sergeants 78 Deputy Sheriffs 3 School Resource Deputy 5 Community Service Aides 1 Clerical Personnel 1 Secretary 4 ___ 101 CONSIDERATION: $23,463,464 POLICE HEADQUARTERS ADDRESS: 100 W. Dania Beach Boulevard, Dania Beach, FL 33004 FACILITIES ADDRESSES:: 100 W. Dania Beach Boulevard, Dania Beach, FL 33004 NOTICE CITY ADDRESS:: 100 W. Dania Beach Boulevard, Dania Beach, FL 33004 City of Dania Beach Finance Memorandum DATE: 10/28/2025 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Yeimy Guzman, Chief Financial Officer SUBJECT: Resolution authorizing approval of the sponsorship application for Bad Space Dania, Inc ("MAD ARTS"), in accordance with the spending policy and procedure for budgeted events outside of community grants or discretionary funds policies. Request: The Finance Department requests approval of a Resolution authorizing the approval of the sponsorship application request for Bad Space Dania, Inc. (“MAD ARTS”). Background: On April 22, 2025, the City Commission unanimously approved a spending policy and procedure for budgeted events that are not funded through community grants or discretionary funds. This policy requires the submission of a completed application, matching funds, and accountability measures. Additionally, it requests that these applications be placed on the City Commission meeting agendas for approval before any funds are obligated for community members or events not receiving discretionary funding. In line with this approved policy, city staff reviewed the application submitted by Bad Space Dania, Inc., (“MAD ARTS”) and determined that it fulfills a public purpose, meets the eligibility requirements, and should be considered for funding. Budgetary Impact The funds for the sponsorship have been appropriated in the Fiscal Year 2025-26 budget to account # 001-11-01-511-82-10 in the amount of thirty thousand dollars ($30,000.00). Recommendation Approve the Resolution authorizing the approval of the sponsorship application request for Bad Space Dania, Inc (“MAD ARTS”). RESOLUTION NO. 2025-___ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A SPONSORSHIP APPLICATION FOR NOT-FOR-PROFIT BAD SPACE DANIA, INC. (“MAD ARTS”); IN ACCORDANCE WITH THE SPENDING POLICY AND PROCEDURE FOR BUDGETED EVENTS OUTSIDE OF COMMUNITY GRANTS OR DISCRETIONARY FUNDS POLICIES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 22, 2025, the City Commission unanimously approved a spending policy and procedure for budgeted events outside of community grant funding or discretionary grant funds; and WHEREAS, the policy requires a completed application, matching funds, and accountability; it also provided for placement on City Commission meeting agendas for approval prior to the obligation of funds for these community members or community events not funded by discretionary funds; and WHEREAS, in accordance with the approved policy, city staff have reviewed the application submitted by Bad Space Dania, Inc. (“Mad Arts”); and has determined the application satisfies a public purpose, meets the eligibility requirements and should be considered for funding. 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 approves sponsorship application request for not-for-profit Bad Space Dania, Inc; in the amount of thirty thousand dollars ($30,000.00), application which is attached as Exhibit “A,” and is made a part of and incorporated into this Resolution by this reference. Section 3. That the funding for sponsorships is budgeted and available in General Fund account 001-11-01-511-82-10. 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. 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 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. Organization's name All questions answered on application? Amount Requested Organization located within Dania Beach Are there any outstanding debts owed to the City? The organization will provide matching funds? Has the organization received discreationary or grant funds in the past fiscal year? Are funds to be used within Dania Beach State of Florida Certificate of Incorporation Proof of Non- Profit Status (if applicable) Most recent tax return 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 Bad Space Inc. (" MAD ARTS") Yes 30,000.00 Yes No Yes No Yes Yes Yes Yes Yes City of Dania Beach Finance Memorandum DATE: 10/28/2025 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Darryl McFarlane, IT Division Director Yeimy Guzman, Chief Financial Officer SUBJECT: Resolution approving server monitoring, support services, and software, including additional contracted support from LAN Infotech, exceeding the $50,000 vendor threshold. Request: The Information Technology Division requests approval of a resolution authorizing server monitoring, support services, and software from LAN Infotech, with the total cost exceeding the $50,000 vendor threshold. Background: The City requested quotes for Managed Service Provider (MSP) services from three vendors: LAN Infotech: $205,390.80 US Cloud Secure (USCS): $220,749.00 MB Systems: $277,908.00 After evaluating all three proposals, LAN Infotech was selected based on their competitive pricing, long-standing relationship with the City, technical capability, and in-depth understanding of the City’s infrastructure and cybersecurity requirements. LAN Infotech has been serving the City, providing both remote and on-site support for server and network monitoring, maintenance, backup management, and IT staffing. The proposed services and estimated costs for FY2026 are as follows: Managed services (monitoring and maintenance of servers): $ 10,740 On-site support personnel: $ 86,400 Third-party products/software: $108,250 Total estimated cost of services and support for FY2026: $205,390 Maintaining continuity with LAN Infotech ensures operational reliability, cybersecurity oversight, and responsive support for the City’s IT environment. Budgetary Impact Funding for these services shall be made from the City’s planned appropriations from the Information Technology Fund Account 507-17-04-516-34-10 - Contractual Services General Recommendation Approve the resolution authorizing LAN Infotech to provide server monitoring, support services, and software for FY2026, with costs exceeding the $50,000 vendor threshold. RESOLUTION 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF FUNDS FOR SERVER MONITORING AND SUPPORT SERVICES, INCLUDING ADDITIONAL CONTRACTED SUPPORT FROM LAN INFOTECH, FOR FISCAL YEAR 2025-26, THAT EXCEED AN ANNUAL VENDOR TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00); AND AUTHORIZING PURCHASES FROM THE INFORMATION TECHNOLOGY FUND APPROVED ANNUAL BUDGET APPROPRIATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection (j), authorizes the City Manager to purchase supplies, services, equipment, and materials for the City government in amounts in excess of the established monetary threshold , if she is authorized to do so in advance by a resolution adopted by the City Commission; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, “Monetary thresholds for certain purchases and payment disbursement authorizations”, Subsection (a), sets the monetary threshold at Fifty Thousand Dollars ($50,000.00) for a vendor each fiscal year; and WHEREAS, LAN Infotech has been providing Information Technology professional support services to the City since 2010, and has proven to be a trusted partner for server monitoring and support and additional contractual staffing (the “Services”); and WHEREAS, the City requested and evaluated proposals provided by three Managed Service Providers; and WHEREAS, the City Administration believes it is in the best interest of the City to have continuity in the provision of the Services for Fiscal Year 2025-26 and recommends approval of the proposals from LAN Infotech; and WHEREAS, the total planned expenditures will exceed the City’s annual Fifty Thousand Dollars ($50,000.00) purchase threshold for a single vendor, therefore, requiring City Commission approval. 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 the City Commission authorizes the Services from LAN Infotech in an amount exceeding the annual amount of the Fifty Thousand Dollars ($50,000.00) purchase threshold for a single vendor for fiscal year 2025-26; further, the proper City officials are authorized to execute any documents related to this approval. Section 3. That the current services provided by LAN Infotech and their estimated costs for FY2025 are as follows: Managed services (monitoring and maintenance of servers): $ 10,740 On-site support personnel: $ 86,400 Third-party products/software: $ 108,250 Total Estimated cost of services and support for FY2026: $ 205,390 Section 4. That funding for the Services shall be made from the City’s authorized annual budget appropriations from the City’s Information Technology Fund Account 507-17-04- 516-34-10 - Contractual Services General Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall become effective upon its 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 ____ ____ 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 Support Contract City of Dania Beach | | | | Michael Goldstein - Mgoldstein@laminfotech.com President LAN Infotech | 5100 NW 33rd Avenue, SUITE 225 | FORT LAUDERDALE, FL 33309 | Phone: 954-717-1990 | Fax: 954-756-7023 This Agreement serves as a Statement Of Work (“SOW”) and applies to City of Dania Beach (“Client”) and its Affiliates’ for purchases of products and services from LAN INFOTECH, LLC as defined below. LAN INFOTECH Inclusive Plan Included in our programs, LAN INFOTECH offers an extended service reaching out to projects and other services as part of your monthly fee. LAN INFOTECH monitoring, management, and patching through LAN INFOTECH's Remote Management Platform and Support team Unlimited remote support during business hours for supported users on supported machines/devices Unlimited remote support during business hours for supported users on supported mobile and VOIP devices Unlimited onsite escalated support during business hours for supported users on supported machines Warranty management - LAN INFOTECH handles equipment repair with your vendors and LAN INFOTECH ensures the warranty is active for core devices (servers, switches, desktops, laptops, tablets, WiFi, printers, firewalls & UPS devices ) Lifecycle planning to ensure the best productivity and reduce potential security holes LAN INFOTECH's Remote Management Platform and Anti-Virus/Security Software Strategic Business Reviews Moves, adds, and changes during business hours - except the following are NOT included and will be billed at a rate of $125.00 per hour: Installations, additions, and/or replacement of new equipment Relocations of assets and services to a new physical address or floor Telephone move/adds Projects related to Client mergers and acquisitions Projects related to the installation or modifications of Client requested third-party software which involves more than eight (8) hours of LAN INFOTECH support or consultative time Projects related to Client initiated due diligence of or by outside entities Projects arising from acts of God, insurrection, war, or terrorism Projects related to Client bankruptcies or insolvencies Projects related to legal discoveries when LAN INFOTECH is not named as a party Security & Awareness Training LAN INFOTECH offers online Security & Awareness Training to all employees. Dark Web Search/Email Phishing Campaign LAN INFOTECH offers annual Dark Web Search and email phishing campaign. Results to be delivered to Management Team. To enhance the service offerings provided by LAN INFOTECH to Client, LAN INFOTECH may utilize third-party providers for certain services. In addition to LAN INFOTECH, Client MAY BE legally bound to the third-party provider’s Terms and Conditions. The third-party provider and link is available at our web site at https://laninfotech.com/partners/ Client may also be subject to and any other agreements and documents presented by the third-party provider that are required to provide the services, each as amended by the third-party provider from time to time. Term: This SOW shall remain in force for a period of one (1) year (“Initial Term”) from the Effective Date. This SOW shall automatically renew for subsequent one (1) year terms (“Renewal Term”) beginning on the day immediately following the end of the Initial Term unless either party gives the other notice not later than ninety (90) days’ prior to the end of the Initial Term of its intent not to renew this SOW or this SOW is terminated as hereinafter otherwise provided. This SOW shall renew automatically at the end of the prior SOW term for a period of twelve months (12) unless MSP or CLIENT affirmatively terminate it in accordance with the conditions set forth in this SOW. Termination: Either Party may (a) terminate this Agreement, a SOW or an Order if the other Party commits any material breach of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice from the other Party. Either Party may terminate this Agreement for any reason with ninety (90) days written notice to the other Party. Agreement cannot be terminated while an active SOW or Order is in process of actively being worked on by LAN INFOTECH. Further, some of our Third-Party Vendors including Microsoft has begun to charge annual Licensing Fees. The services and products offered by these third-party vendors may require LAN INFOTECH to purchase certain "per seat" licenses from these third parties to provide Client with these applications (i.e. Microsoft 365, Office 365). As per their requirements, the licenses cannot be canceled once they are purchased, transferred to any other customer or moved to another IT service provider during the unexpired term of the license. If LAN INFOTECH purchases a license for Client on an order, then those licenses will require a one (1) year term, or Client may be assessed additional monthly fees for purchasing month- to-month licensing instead of committing to the one (1) year term. For that reason, Client understands and agrees that regardless of the reason for termination of the Services, Client is required to pay for all applicable licenses in full for the entire term of those licenses. It is the LAN INFOTECH'S understanding that once the license is paid in full, Client will be permitted to use the applicable applications until the expiration of the license terms, even if Client moves to a different technology services provider. Services Provided Included Services. Client will receive items containing “✔” to the right of the brief description. Items without “✔” are not provided. Managed IT Services Complete Site Seat Network Maintenance: Stable firmware updates applied as they are released to assist in preventing vulnerabilities to your firewall/switch.✔ Remote Support: Remote assistance during service hours to fix day to day issues. Upon Request ✔ Onsite Support: Onsite support during service hours to repair covered issues that are unable to be resolved remotely. Upon Request ✔ Complete Device Seat (Example: Windows Desktop and Laptops)✔ Anti-Virus Solution: When systems and computers are powered on, virus software may be kept up to date and daily quick scans as well as weekly full scans will be completed.✔ Remote Access Solution: Anytime, anywhere remote-control access to office computers. Note: Although this service is included, the service is not activated unless requested by Client. ✔ Device Monitoring: Event logs are monitored for errors to proactively fix small issues before they become big ones.✔ Device Maintenance: Temporary file deletion, disk defragmenting, virus & malware scans.✔ OS Patch Management: Installation of critical & security updates. Upon Request ✔ 3rd Party Patch Management: Updates will be applied to vulnerable 3rd party software such as but not be limited to Java and Adobe Reader. Upon Request ✔ Remote Support: Remote assistance during service hours to fix day to day issues. Upon Request ✔ Onsite Support: Onsite support during service hours to repair covered issues that are unable to be resolved remotely. Upon Request ✔ Complete Server Seat (Example: Windows Servers) Anti-Virus Solution: When systems and computers are powered on, virus software may be kept up to date and daily quick scans as well as weekly full scans will be completed.✔ Device Monitoring: Event logs are monitored for errors to proactively fix small issues before they become big ones.✔ Device Alerting: We are notified if a suspicious event log error occurs, or if hardware falls below a performance threshold.✔ Device Maintenance: Temporary file deletion, disk defragmenting, virus & malware scans.✔ OS Patch Management: Installation of critical & security updates.✔ 3rd Party Patch Management: Updates will be applied to vulnerable 3rd party software such as but not be limited to Java and Adobe Reader.✔ Remote Support: Remote assistance during service hours to fix day to day issues.✔ Onsite Support: Onsite support during service hours to repair covered issues that are unable to be resolved remotely.✔ Security & Awareness Training” LAN INFOTECH offers online Security & Awareness Training to all employees.✔ Current Coverage All MandatoryManaged Service $895.00 Per Month 1 $0.00 Monthly Recurring Managed Server Monitoring Monthly Server Monitoring/Security/Support Services - includes Daily Workstation Maintenance tasks, (ie. Security Scan, Cookie Clean, Temporary File deletion) and Server Patching Automation - Also includes M-F 8:30am - 5:30pm Server support - Servers, Firewall Monitored 7x24 $895.00 $7,200.00 Per Month 1 $0.00 Monthly Recurring Monthly On-Site Technical Services Monthly Block of (80) hours to be used for Onsite Support Monday-Friday 8am- 5pm. Proposed Plan is M-F 10am-2pm daily. Plan can be modified. Overage to billed at a rate of $95 per hour. $7,200.00 $3.99 Per Month 235 $0.00 Monthly Recurring Datto RMM Network Management Client Datto RMM Network Management Client - incudes desktop alerting agent, automated patching, secure desktop remote access and hardware inventory. $937.65 Description Price Qty.Disc.Amount $6.50 Per Month 250 $0.00 Monthly Recurring Mimecast Email Security Bundle Mimecast Unified Email Management Services Per User Per Month - includes • 100% Anti-Virus / 99.5% Anti-Spam Inbound + Outbound Perimeter Protection, • 100% Email Continuity from Outlook + Web, • Marketing Stationery and Disclaimer Tools , • Large File Attachment Strip + Link (Link on Size), Threat Protection, Impersonation Protection $1,625.00 $1.99 Each 250 $0.00 Monthly Recurring Mimecast Internal Protect Mimecast Internal Protect $497.50 $2.20 Each 250 $0.00 Monthly Recurring Mimecast BEC (Cybergraph)$550.00 $3.75 Each 250 $0.00 Monthly Recurring Acronis Office 365 Backup Acronis Office 365 Backup $937.50 $2.69 250 $0.00 Monthly Recurring Office 365 Signature Office 365 Signature $672.50 $7.45 Each 235 $0.00 Monthly Recurring Sentinel One Vigilance Sentinel One Vigilance Add-in - Sentinel One's Security Operations Center (SOC) will monitor all incidents detected in Sentinel One 7x24. The SOC will also do proactive hunting to further review and incidents $1,750.75 $1,995.00 Each 1 $0.00 Monthly Recurring Datto SIRUS 5 Monthly Offsite - Includes 24 TB Offsite (1) Year Time Retention $1,995.00 $55.00 Per Month 1 $0.00 Monthly Recurring DMARC Monitoring Security DMARC Monitoring Security - DMARC Record configuration helps reduce email spoofing, enhance email delivery and reduce phishing. Monthly DMARC reporting $55.00 Monthly $17,115.90 Total $17,115.90 Tax $0.00 Approval: This Proposal is effective only upon execution by LAN Infotech, LLC and Client. Each party hereto warrants and represents that this Proposal constitute the legal, valid, and binding obligation of such party as of the date executed. I, the undersigned, as an authorized representative of Client, have read and accepted the terms and conditions of this proposal and request that LAN Infotech, LLC provide the above products and services. This Proposal is in conjunction with the Terms and Conditions of Service “Terms”. This Proposal does not replace the Terms but incorporates all the provisions and obligations set forth in the Terms. Should any provision of the Terms and this Proposal conflict, the Proposal shall take precedence. By accepting this Proposal, you also accept the Terms. The Terms can be viewed at https://www.laninfotech.com/terms-and-conditions. Subject to the limitations in the Agreement, each party shall be responsible for its own negligent acts or omissions and those of its officers, employees, and agents. Nothing herein shall be construed as a waiver of either party’s sovereign immunity or the limits of liability set forth in Section 768.28, Florida Statutes, as amended. Subject to the limitations in the Agreement, each party shall bear the costs of its own defense. This provision shall survive termination of the Agreement. This Proposal consists of the terms above, the signature page, and any unique attachments to this Proposal. In the event of any inconsistency among these documents, precedence will be as follows: (1) Any subsequent Statement of Work; (2) Original Proposal; and (3) the Terms and Conditions. City of Dania Beach [[s| 0 ]] ( Ana M. Garcia ) Name: Date: [[t|0|p:0|r:1|l:51#################################]] [[d|0|p:0|r:1|l:10]] City of Dania Beach Parks & Recreation Memorandum DATE: 10/28/2025 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Cassi Waren, CPRP, Director of Parks & Recreation SUBJECT: Authorizing a third amendment to the janitorial services agreement awarded via Invitation to Bid (ITB) No. 21-027 entitled “Janitorial Services” with Clean Space, Inc., to add cleaning services for C.W. Thomas Park Community Center and to exercise the second and final two year extension of the agreement through November 2025. Request: The Parks and Recreation Department is requesting authorizing a third amendment to the janitorial services agreement awarded via Invitation to Bid (ITB) No. 21-027 entitled “Janitorial Services” with Clean Space, Inc., to add cleaning services for C.W. Thomas Park Community Center and to exercise the second and final two year extension of the agreement through November 2025. Background: The City of Dania Beach has several high-use, multi-work shift facilities that require janitorial services on a daily basis. Invitation to Bid (ITB) No. 21-027 was advertised and awarded to Clean Space, Inc. The original janitorial agreement was executed on November 23, 2021, and included two (2), two-year renewal options. The City Commission adopted Resolution 2023-141 authorizing the execution of the first of two options to renew the agreement for a two-year term on November 14, 2023. That renewal expires November 2025. The City seeks to approve the second and final renewal through November 2027. The City is satisfied with the quality and reliability of Clean Space, Inc.’s janitorial services and with the reopening of C.W. Thomas Park Community Center, the need for janitorial services is needed. City desires to expand services to include C.W. Thomas Community Center for routine janitorial services in the lobby entrance / walkways, offices, kitchen, classrooms, restrooms, fitness room and basketball gymnasium at a cost of $2,545.83 per month, and for emergency services, rentals and special events at a cost of $24.00 per hour. Budgetary Impact The funding for the additional routine janitorial services is available and appropriated within CW Thomas Contractual Services Account No. 001-72-03-572-34-10. Recommendation It is recommended that the City Commission adopt the resolution authorizing a third amendment to the janitorial services agreement awarded via Invitation to Bid (ITB) No. 21-027 entitled “Janitorial Services” with Clean Space, Inc., to add cleaning services for C.W. Thomas Park Community Center and to exercise the second and final two year extension of the agreement through November 2025. RESOLUTION NO. 2025-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING AN THIRD AMENDMENT TO THE JANITORIAL SERVICES AGREEMENT AWARDED VIA INVITATION TO BID (“ITB”) NO. 21-027, ENTITLED “JANITORIAL SERVICES” WITH CLEAN SPACE, INC. TO ADD CLEANING SERVICES FOR I.T. PARKER COMMUNITY CENTER AND TO EXTEND THE UNDERLYING AGREEMENT FOR THE SECOND AND FINAL TWO YEAR TERM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach has several high-use, multi-work shift facilities that require janitorial services on a daily basis; and WHEREAS, the original janitorial agreement (the “Agreement”) was executed on November 23, 2021, and included two (2), two-year renewal options; and WHEREAS, the City Commission adopted Resolution 2023-141 authorizing the execution of the first of two options to renew the Agreement for a two-year term on November 14, 2023; and WHEREAS, the first renewal period will expire November 2025, and the City is seeking to enter into the second and final two-year renewal option; and WHEREAS, the City is satisfied with the quality and reliability of Clean Space, Inc.’s janitorial services; and WHEREAS, C.W. Thomas Park was under renovations for the past 18 months and was not included in the original ITB; and WHEREAS, the City desires to expand professional janitorial services to include the renovated C.W. Thomas Community Center for routine janitorial services in the lobby entrance / walkways, offices, kitchen, classrooms, restrooms, fitness room and basketball gymnasium at a cost of $2,545.83 per month, and for emergency services, rentals and special events at a cost of $24.00 per hour; and WHEREAS, the City Administration recommends that the City Commission approve an amendment to the Agreement with Clean Space, Inc. for the additional services. WHEREAS, the City is satisfied with the quality and reliability of Clean Space, Inc.’s janitorial services; and 2 RESOLUTION #2025-____ WHEREAS, the City desires to expand services to include C.W. Thomas Community Center for routine janitorial services in the lobby entrance, walkways, offices, kitchen, classrooms, restrooms, fitness room and basketball gymnasium at a cost of $2,545.83 per month, and for emergency services, rentals and special events at a cost of $24.00 per hour; and WHEREAS, the City Administration recommends that the City Commission approve an amendment to the Agreement with Clean Space, Inc. for the additional 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. Section 2. That the City Commission authorizes the proper City officials to execute a third amendment to the Agreement with Clean Space, Inc., which amendment is attached as Exhibit “A” and incorporated into this Resolution by this reference, to approve the second, and final two year extension ,and to include janitorial cleaning services for the C.W. Thomas Community Center, at a cost of $2,545.83 per month for routine janitorial cleaning, plus an additional rate of $24.00 per hour for emergency services, rentals and special event cleanings. Section 3. That funding for the additional routine janitorial services is available and appropriated within CW Thomas Contractual Services Account No. 001-72-03-572-34-10. 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 ____ ____ 3 RESOLUTION #2025-____ ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 1 THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND CLEAN SPACE INC., FOR SERVICES RELATED TO JANITORIAL SERVICES AS DESCRIBED WITHIN THE CITY OF DANIA BEACH INVITATION TO BID (“ITB”) NO. 21-027. This is the Third Amendment (the “Amendment”) to an Agreement (the “Agreement”), dated ________________, 2025, existing between the City of Dania Beach, Florida, a Florida municipal corporation (the “City”) and Clean Space, Inc. (“Contractor”), a Florida corporation with its principal mailing address of 3764 Northwest 124 Avenue, Coral Springs, Florida 33065. The First Amendment to the Agreement was dated December 8, 2023. The original Agreement was executed on November 23, 2021, the First Amendment to the Agreement was executed on December 8, 2023 and the Second Amendment was executed on January 24, 2025. WHEREAS, Clean Space Inc. was the successful bidder to ITB No. 21-027 for Janitorial Services; and WHEREAS, the original janitorial agreement (the “Agreement”) was executed on November 23, 2021, and included two (2), two-year renewal options; and WHEREAS, the City Commission adopted Resolution 2023-141 authorizing the execution of the first of two options to renew the Agreement for a two-year term on November 14, 2023; and WHEREAS, first renewal period shall expire November 2025, and the City is seeking to enter into the second two-year renewal option; and WHEREAS, the City is satisfied with the quality and reliability of Clean Space, Inc.’s janitorial services; and WHEREAS, C.W. Thomas Park was under renovations for the past 18 months and was not included in the original ITB; and WHEREAS, the City desires to expand professional janitorial services to include the renovated C.W. Thomas Community Center for routine janitorial services in the lobby entrance / walkways, offices, kitchen, classrooms, restrooms, fitness room and basketball gymnasium at a cost of $2,545.83 per month, and for emergency services, rentals and special events at a cost of $24.00 per hour; and WHEREAS, the City Administration recommends that the City Commission approve an amendment to the Agreement with Clean Space, Inc. for the additional services. 2 NOW THEREFORE, In consideration of the mutual covenants, terms and conditions contained in the Amendment, and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree as follows: 1. The above Whereas clauses are incorporated by reference into this Amendment. 2. That this Amendment shall take effect upon complete execution by both Parties. 3. That this Amendment shall expire on November 23, 2027. 4. That in all other respects, the underlying Agreement is ratified and reaffirmed and remains in full force and effect. REMAINDER OF THE PAGE LEFT INTENTIONALLY BLANK SIGNATURES ON THE FOLLOWING PAGES 3 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. 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 4 WITNESSES: CONTRACTOR: Clean Space, Inc., a Florida corporation Signature Signature Matt Giunco PRINT Name PRINT Name OPERATIONS MANAGER Title Signature Dated: ___________________, 2025 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 Matt Giunco, as Operations Manager of Clean Space, Inc., a Florida corporation. He/she is personally known to me or has produced as identification. My Commission Expires: Notary Public, State of Florida Print Name : DATE SUBMITTEDOctober 16, 2025 Dania Beach - CW Thomas Park Franky Lazo flazo@daniabeachfl.gov Date Submitted:October 16, 2025 Service Agreement AREAS SERVICED: 1. Hourly Rate for special events and rental cleanings 2. Cleaning of CW Thomas Park building. Cleaning to occur Monday to Friday from 8am to 1pm. Entire Building •Daily:Routine cleaning of all areas within the building. Basketball Gymnasium •Daily: ◦Sweep floor with large broom ◦Empty trash receptacles ◦Remove loose litter and debris •Monday, Wednesday, Friday: ◦Mop floors ◦Wipe down bleachers ◦Clean wall padding Fitness Room •Daily: ◦Routine cleaning ◦Wipe down exercise equipment ADDITIONAL INFORMATION: •Days and Hours of Service:Monday to Friday, 8am to 1pm •What is included:Labor, cleaning agents, cleaning equipment, client to provide consumable products. •Staff size:1 PRICING SCHEDULE: (A)COST PER HOUR (B) HOURS (C) TOTALS Areas Serviced 1. (Per hour, emergency services, rentals, and special events) $24 1 $24 Areas Serviced 2.Price per week $23.50 25 $587.50 Areas Serviced 2.Price per month = Cost per hours X Hours X 52/12 $2,545.83 CLEAN SPACE, INC. 3764 NW 124TH AVE, CORAL SPRINGS FL 33067 I 1800.499.0116 I CLEANSPACEONLINE.COM 1 ACCEPTANCE OF PROPOSAL: The client agrees to pay Clean Space the total amount specified in the pricing schedule within 30 days of the invoice date. By signing, the client acknowledges and agrees to the terms outlined in this proposal. In the event of service termination, payment will be required for all services rendered up to the termination date. Accounts past due for more than 30 days will be referred to a collection agency, and the client will be responsible for any associated costs. CLEAN SPACE, INC.DANIA BEACH - CW THOMAS PARK NAME:Matt Giunco NAME: Ana M. Garcia TITLE:CEO TITLE:City Manager October 16, 2025 Not yet accepted CLEAN SPACE, INC. 3764 NW 124TH AVE, CORAL SPRINGS FL 33067 I 1800.499.0116 I CLEANSPACEONLINE.COM 2 SIGNATURE Ana Garcia City of Dania Beach Parks & Recreation Memorandum DATE: 10/28/2025 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Cassi Waren, CPRP, Director of Parks and Recreation SUBJECT: Reciprocal Use Agreement (RUA) between the City of Dania Beach and the School Board of Broward County. Request: The Parks and Recreation Department is requesting the adoption of a resolution authorizing the proper City Officials to execute a Reciprocal Use Agreement (RUA) with the School Board of Broward County relating to the mutual and reciprocal use by the parties of City and School Board facilities for a five-year term, with a one five year renewal. Background: The School Board of Broward County and the City previously entered into a five (5) year RECIPROCAL USE AGREEMENT that expires on December 13, 2025, for the shared use of each other’s facilities. The agreement has been a benefit to both the City and the School Board over the years and both parties agree that a new agreement with the option for a five-year renewal will benefit both parties. This agreement was designed for the City of Dania Beach and the School Board of Broward County to share resources and to support each other’s goals and objectives in order to provide additional play opportunities to both the schools and the city. Budgetary Impact Recommendation The Parks and Recreation Department is recommending approval of the resolution authorizing the proper City Officials to execute a Reciprocal Use Agreement (RUA) with the School Board of Broward County relating to the mutual and reciprocal use by the parties of City and School Board facilities for a five-year term, with a one five year renewal. RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A RECIPROCAL USE AGREEMENT WITH THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, RELATING TO THE MUTUAL AND RECIPROCAL USE BY THE PARTIES OF CITY AND SCHOOL BOARD FACILITIES FOR A FIVE YEAR TERM, WITH ONE FIVE YEAR RENEWAL; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the SBBC and City previously entered into a five (5) year RECIPROCAL USE AGREEMENT that expires on December 13, 2025, for the shared use of each other’s facilities; and WHEREAS, partnerships instill a sense of civic pride and responsibility in students that will last far beyond their educational experience; and WHEREAS, cities and schools may share resources to support each other’s goals and objectives; and WHEREAS, this collaboration provides the opportunity to develop a seamless communication infrastructure between City officials, City staff and their counterparts in the School District; and WHEREAS, the City, as part of its recreation program, wishes to provide additional indoor and/or outdoor playground recreation facilities for its citizens; and WHEREAS, the School Board of Broward County (SBBC), as the controlling body of the district schools of Broward County, Florida owns, operates and maintains various facilities throughout the county, including elementary, middle and high schools, vocational sites, training facilities and equipment in the City of Dania Beach suitable for use by City in its municipal programs; and WHEREAS, SBBC wishes to provide additional facilities for its programming; and WHEREAS, City owns, operates and maintains numerous facilities suitable for use by SBBC for its educational, and training programs; and WHEREAS, City and SBBC have determined that entering into numerous agreements for the use of each other’s facilities on a case-by-case basis will result in the expense of additional administrative time and resources; and WHEREAS, the agreement is for a five year term, with one, five-year extension; and RESOLUTION #2025-_____ 2 WHEREAS, City and SBBC believe that a formal agreement providing reciprocal use of each other’s facilities will be of mutual benefit to all parties. NOW, THEREFORE, 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 Reciprocal Use Agreement with the Broward County School Board, a copy of which is attached as Exhibit “A” and is made a part of and is incorporated into this Resolution by this reference, relating to the mutual use by the City and Board of City and School Board facilities in Dania Beach, Florida. Section 2. That the City Manager and the City Attorney are authorized to make minor revisions to the Reciprocal Use Agreement as are deemed necessary and proper for the best interests of the City. 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 ___________________________. 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 1 RECIPROCAL USE AGREEMENT THIS AGREEMENT, made and entered into this___ day of_______ 2025, by and between: THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA (hereinafter referred to as "SBBC"), a political subdivision of the State of Florida having its principal place of business at 600 Southeast Third Avenue Fort Lauderdale, Florida 33301 and THE CITY OF DANIA BEACH, FLORIDA (hereinafter referred to as "CITY") a municipal corporation of the State of Florida whose address is 100 West Dania Beach Boulevard Dania Beach, Florida 33004 WHEREAS, the SBBC and City previously entered into a five (5) year RECIPROCAL USE AGREEMENT that expires on December 13, 2025, for the shared use of each other’s facilities; and WHEREAS, partnerships instill a sense of civic pride and responsibility in students that will last far beyond their educational experience; and WHEREAS, cities and schools may share resources to support each other's goals and objectives; and WHEREAS, this collaboration provides the opportunity to develop a seamless, communication infrastructure between CITY officials, CITY staff and their counterparts in the Schoo1 District; and WHEREAS, SBBC, as the controlling body of the district schools of Broward County, Florida owns, operates and maintains various facilities throughout the county, including elementary, middle and high schools, vocational sites, training facilities and equipment in the CITY of Dania Beach suitable for use by CITY in its municipal programs; and WHEREAS, CITY owns, operates and maintains numerous facilities suitable for use by SBBC for its educational, and training programs; and WHEREAS, CITY and SBBC have determined that entering into numerous agreements for the use of each other's facilities on a case-by-case basis will result in the expense of additional administrative time and resources; and WHEREAS, CITY and SBBC believe that a formal agreement providing reciprocal use of each other's facilities will be of mutual benefit to all parties. 2 NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties hereby agree as follows: ARTICLE 1- RECITALS 1.01 Recitals. The parties agree that the foregoing recitals are true and correct and that such recitals are incorporated herein by reference. ARTICLE 2 - SPECIAL CONDITIONS 2.01 Term of Agreement. Unless terminated earlier pursuant to Section 3.05 of this Agreement, or renewed pursuant to this section, the term of this Agreement shall be for a period of five (5) years commencing on December 14, 2025, and expiring on December 13, 2030. The term may be renewed for one (1) additional, five (5)-year term upon mutual agreement of the parties, formalized in a written amendment approved by both parties. A request for renewal by either party must be made by the requesting party in writing not less than ninety (90) days prior to expiration of the initial term of this Agreement. 2.02 CITY Licensed Facilities. 2.02.1 Authorized Use of CITY Licensed Facilities by SBBC. CITY owns and operates a number of parks and facilities located in the CITY of Dania Beach, Florida, which are suitable for use by SBBC for its educational and training programs. The CITY agrees to allow SBBC use of CITY parks and facilities (hereinafter referred to as "CITY Licensed Facilities") including but not limited to those described in Exhibit "A", on such days and at such times as are mutually agreed upon by the Director, Parks and Recreation or designee and the Superintendent of Schools or designee. 2.02.2 Procedure to Request Use of CITY Licensed Facilities. The following procedure shall be followed whenever SBBC desires to use any CITY Licensed Facilities: 2.02.2.1 SBBC shall submit a Notice of Facility Use form, attached hereto and incorporated herein by reference as Exhibit "C", to the Director, Parks and Recreation or designee for use of CITY Licensed Facilities a minimum of fifteen (15) calendar days in advance of usage. The Notice of Facility Use form must specify the dates, times and facilities desired, to be used by SBBC and any other special terms and conditions pertaining to such usage not in conflict with this Agreement. The Notice of Facility Use Form may be revised by mutual agreement of the Director, Parks and Recreation or designee and the Superintendent of Schools or designee without a formal amendment of this Agreement. 2.02.2.2 The Director, Parks and Recreation or designee shall determine if the requested use conflicts or interferes with any other usage of the CITY Licensed Facility within eight (8) calendar days of receipt of the request. If there is no conflict in use and human resources are available, the request will be approved and returned to SBBC. If there is a conflict and the request is denied, SBBC may appeal the denial to the CITY Manager. The CITY Manager will determine whether to uphold the denial within seven (7) calendar days of filing of the appeal, and the decision of the CITY Manager upon such appeal shall be final. 3 2.02.2.3 Said CITY Licensed Facilities are to be used by SBBC solely for educational and training purposes which are an integral part of the Public Education Program of Broward County and for no other purpose whatsoever without the prior written consent of the CITY. 2.02.2.4 The use of said CITY Licensed Facilities by SBBC shall, at all times, comply with the laws of the State of Florida, local laws and CITY's Code of Ordinances. SBBC shall require its instructors, agents, students and invitees to follow all rules and regulations promulgated by CITY. 2.02.3 Maintenance of CITY Licensed Facilities. CITY shall provide and maintain the parking lot, parking lot lighting, and ingress and egress at all CITY Licensed Facilities. The CITY shall have the continuing duty to maintain CITY Licensed Facilities and equipment in a safe condition and to ensure that any unsafe condition or defect in or upon CITY Licensed Facilities is remedied and/or repaired within a reasonable time of actual or constructive notice of such condition. If in the course of its maintenance and operation, the CITY becomes aware of any dangerous or unsafe condition in or upon CITY Licensed Facilities or equipment, CITY shall immediately correct the dangerous condition or prevent the use of CITY Licensed Facilities or equipment by other persons so as not to endanger the life or safety of persons at the Licensed Facilities or equipment. If in the course of SBBC' s use and occupancy of CITY Licensed Facilities or equipment, SBBC becomes aware of any dangerous condition in or upon CITY Licensed Facilities or equipment, SBBC shall, immediately, notify the CITY Manager or Director, Parks and Recreation or designee of such dangerous or unsafe condition and cease SBBC'S use of CITY Licensed Facilities or equipment which is unsafe until such time as CITY corrects or remedies the condition. The CITY shall have final determination as to what is deemed "unsafe". If SBBC does not notify the CITY of such dangerous conditions, and CITY is not otherwise aware nor should it have been aware of same, CITY shall not be liable to SBBC, its employees, agents or invitees for loss, personal injury or damage. This paragraph shall not create any rights for any third party to sue the CITY or SBBC, and there shall be no third-party beneficiary. Each party shall confirm receipt of notice of any unsafe condition within 48 hours and provide intended corrective action in writing. 2.02.4 CITY Access to CITY Licensed Facilities. CITY and its officers, agents and employees engaged in the operation maintenance or repair of the CITY Licensed Facilities reserve the right, at any time, to enter upon and have free access to any and all parts of the CITY Licensed Facilities. CITY shall have the right to observe all operations of SBBC at CITY Licensed Facilities in regard to ensuring that said facilities are not subjected to risk of loss. CITY reserves the right to preclude or interrupt any act or use of equipment by SBBC within the reasonable judgment of the CITY Manager or Director, Parks and Recreation or designee of the affected CITY Licensed Facilities, if it is necessary in the interest of public safety to protect person or property from exposure to risk of injury, death, damage or loss. CITY shall have the right to inspect any and all parts of CITY Licensed Facilities and make or cause to be made necessary repairs thereto, to enforce all necessary and proper rules for the management and operation of the premises and to enforce the license obligations hereunder. 2.02.5 SBBC Property on CITY Licensed Facilities. CITY assumes no responsibility whatsoever for any property placed on its premises by SBBC, its agents, employees, representatives, independent contractors or invitees. 4 2.02.6 Restrictions on Items Brought onto CITY Licensed Facilities. SBBC agrees not to bring onto CITY Licensed Facilities, any material, substances, equipment or objects that are likely to endanger the life or to cause bodily injury to any person or damage to the CITY Licensed Facilities or which are likely to constitute a hazard to property thereon. CITY shall have the right to refuse to allow any such materials, substances, equipment or objects to be brought onto the CITY Licensed Facilities and the right to require their immediate removal from the property. 2.02.7 Construction of Improvements. SBBC shall not construct any improvements upon any of Licensed Facilities during the term of this Agreement without prior written consent of CITY. Any improvement constructed upon CITY Licensed Facilities without prior written approval of the CITY shall be removed or relocated by SBBC within ten (10) days of written demand by CITY. SBBC is authorized to place items of movable personal property onto the CITY Licensed Facilities for use therein without prior written approval of CITY. If SBBC fails to remove items of moveable personal property upon termination of this Agreement, CITY may remove, and store said items and SBBC shall reimburse CITY for the costs of relocating and storing the items. 2.02.8 Vacation of CITY Licensed Facilities. Upon vacation of CITY Licensed Facilities after each use and occupancy, SBBC shall leave said facilities in a condition equal to that at the commencement of that day's usage, ordinary use and wear thereof excepted, and shall remove from the premises all items of movable personal property brought onto the CITY Licensed Facilities by SBBC. 2.03 SBBC Licensed Facilities. 2.03.1 Authorized Use of SBBC Licensed Facilities by CITY. SBBC owns, operates and maintains various schools and facilities (hereinafter referred to as "SBBC Licensed Facilities' ) throughout the county, including elementary, middle, high and technical schools sites and training facilities located in and around the CITY of Dania Beach that may be suitable for use by residents of the CITY of Dania Beach and the CITY may desire to place its programs, special functions, training programs, such as Dania Beach Police and/or Fire Department's implementing security training geared toward preparation for school related incidents and community meetings at these sites. SBBC agrees to allow CITY use of SBBC schools and facilities in the CITY of Dania Beach, including, but not necessarily limited to those described in Exhibit "B", on such days and at such times as are mutually agreed upon by the Superintendent or designee and the Director, Parks and Recreation or designee. 2.03.2 Procedure to Request Use of SBBC Licensed Facilities. The following procedure shall be followed whenever the CITY desires to use any SBBC Licensed Facilities: 2.03.2.1 CITY shall submit a Notice of Facility Use form, attached hereto and incorporated herein by reference as Exhibit "C" to the Superintendent or designee for use of SBBC Licensed Facilities a minimum of fifteen (15) calendar days in advance of usage (including training programs by the Dania Beach Police and/or Fire-Rescue Department). The Notice of Facility Use form must specify the dates, times and facilities to be used by the CITY or its residents and any other special terms and conditions pertaining to such usage not in conflict with this Agreement. The Notice of Facility Use 5 Form may be revised by mutual agreement of the Superintendent of Schools or designee and the Director, Parks and Recreation or designee without a formal amendment of this Agreement. 2.03.2.2 The Superintendent or designee shall determine if the requested use conflicts or interferes with the regular or extracurricular school program, or with any other prescheduled use of SBBC Licensed Facilities by other parties within eight (8) calendar days of receipt of the request. If there is no conflict in use and human resources are available, the request will be approved and returned to the CITY. If there is a conflict and the request is not approved, the CITY may appeal the denial to SBBC's South Regional Superintendent or designee. The South Regional Superintendent or designee will determine whether to uphold the denial within seven (7) calendar days of filing of the appeal, and the decision of the South Regional Superintendent or designee upon such appeal shall be final. 2.03.2.3 The use of SBBC Licensed Facilities by the CITY shall, at all times be in compliance with the applicable laws of the State of Florida and SBBC policies. 2.03.3 Maintenance of SBBC Licensed Facilities. SBBC shall provide and maintain the parking lot, parking lot lighting and ingress and egress at all SBBC Licensed Facilities. SBBC shall have the continuing duty to maintain SBBC Licensed Facilities and equipment in a safe condition and to ensure that any unsafe condition or defect in or upon SBBC Licensed Facilities and equipment is remedied and/or repaired within a reasonable time of actual or constructive notice of such condition. If in the course of its maintenance and operation, SBBC becomes aware of any dangerous or unsafe condition in or upon SBBC Licensed Facilities or equipment, SBBC shall immediately correct the dangerous condition or prevent the use of the facilities or equipment by other persons so as not to endanger the life or safety of persons at the facility. If in the course of CITY's use and occupancy of SBBC Licensed Facilities or equipment, CITY becomes aware of any dangerous condition in or upon SBBC Licensed Facilities or equipment, CITY shall, as soon as reasonably possible, notify the principal of SBBC Licensed Facilities being utilized, of such dangerous or unsafe condition and cease CITY's use of the facilities or equipment which are unsafe until such time as SBBC corrects or remedies the condition. SBBC shall have final determination as to what is deemed "unsafe". If the CITY does not notify SBBC of such dangerous conditions, and SBBC is not otherwise aware nor should have been aware of same, SBBC shall not be liable to CITY, its employees, agents or invitees for loss, personal injury or damage. This paragraph shall not create any rights for any third party to sue the CITY or SBBC, and there shall be no third- party beneficiary. 2.03.4 SBBC-Access to SBBC Licensed Facilities. SBBC and its officers, agents and employees engaged in the operation, maintenance or repair of SBBC Licensed Facilities reserve the right, at any time, to enter upon and have free access to any and all parts of SBBC Licensed Facilities. SBBC shall have the right to observe all operations of CITY at SBBC Licensed Facilities in order to ensure that the facilities are not subjected to risk of loss. SBBC reserves the right to preclude or interrupt any act or use of equipment by CITY within the reasonable judgment of the Superintendent or designee of SBBC Licensed Facilities, if it is necessary in the interest of public safety to protect person or property from exposure to risk of injury, death, damage or loss. SBBC shall have the right to inspect any and all parts of SBBC Licensed Facilities and make or cause 6 to be made necessary repairs thereto, to enforce all necessary and proper rules for the management and operation of the premises and to enforce the license obligations hereunder. 2.03.5 CITY Property on SBBC Licensed Facilities. SBBC assumes no responsibility whatsoever for any property placed on the premises by CITY, its agents, employees, representatives, independent contractors or invitees. 2.03.6 Restrictions on Items Brought onto SBBC Licensed Facilities. CITY agrees not to bring onto SBBC Licensed Facilities, any material, substances, equipment or objects that are likely to endanger the life or to cause bodily injury to any person or damage to SBBC Licensed Facilities or which are likely to constitute a hazard to property thereon. SBBC shall have the right to refuse to allow any such materials, substances, equipment or objects to be brought onto SBBC Licensed Facilities and the right to require their immediate removal from the property. 2.03.7 Construction of Improvements. CITY shall not construct any improvements upon any of SBBC Licensed Facilities during the term of this Agreement without the prior written consent of SBBC. Therefore, the location of any and all recreational improvements (hereafter referred to as "Improvements") to be placed on the Licensed Facilities, shall first be approved in writing by the SBBC, it being intended that SBBC shall have absolute control over the location of any recreational facilities before they are placed on the Licensed Facilities. However, such approval by SBBC shall not be unreasonably withheld. Any Improvements placed on the said Licensed Facilities without the prior written approval of SBBC shall be removed or relocated within ten (10) calendar days of written demand by SBBC. However, the Parties may agree that any unauthorized Improvements should remain and amend this Agreement to include the use and responsibility of those Improvements. a. The authority to grant this approval regarding the Improvements is hereby delegated by the SBBC to SBBC's Chief Operations Officer or designee, and SBBC's Chief Building Official or designee. Subject to the provisions of the foregoing paragraph, the Parties further agree that the CITY will prepare and submit plans to the SBBC's Chief Operations Officer or designee, and SBBC's Chief Building Official or designee for review and approval. Any plans must meet State of Florida Building Code Requirements, Florida Fire Protection Code, and State Requirements for Educational Facilities (hereafter referred to as the "SREF"), as may be applicable, and any other requirements imposed by applicable law. SBBC's Chief Operations Officer or designee, and SBBC's Chief Building Official or designee shall have forty-five {45) calendar days from the date of receipt to review and comment on the plans submitted by the CITY. In the event the SBBC's Chief Operations Officer or designee, and SBBC's Chief Building Official or designee fail to provide their review or comments within the forty-five (45) day period, the CITY's plans shall be deemed approved. All design documents shall be approved by the SBBC's Chief Operations Officer or designee, and SBBC's Chief Building Official or designee prior to submission to the Florida Department of Education, if required. The CITY agrees to obtain all necessary permits, inspections, and approvals to obtain a Certificate of Occupancy from the School District. If necessary, the CITY also agrees to contract with a contractor for the construction of the Improvements, including the installation of fencing and gates. b. Before the commencement of the Improvements, the CITY shall require the engaged contractor to furnish required insurance, surety payment, and performance bonds that 7 guarantee completion of the Improvements, to include full payment for all suppliers, material men, laborers or subcontractors employed to complete the Improvements. The CITY shall ensure that the contractor shall be required by contract to deliver a copy of said insurance and surety bonds to the CITY. Such insurance shall remain current throughout the construction of the Improvements Such bonds shall remain in effect for one (1) year after completion of the Improvements. The CITY shall ensure that the contractor will cause the correction of any defective or faulty work or materials that appear after the completion of the Improvements, fencing and gates within the warranty period of such work performed. c. The CITY shall be solely responsible for all contractual obligations to the contractor engaged to construct the Improvements. d. If the Improvements desired by the CITY necessitates the addition of new fencing to ensure that the SBBC Licensed Facilities containing the Improvements are properly fenced off and separated from the school campus, the CITY shall ensure the installation of such fencing at its sole cost. At a minimum, the installed fencing shall have keyed locks with gates, and the height of the new fencing shall be the same as the existing fencing in the SBBC Licensed Facilities, and/or as determined by the SBBC's Chief Operations Officer or designee, and SBBC's Chief Building Official or designee. Also, the CITY shall provide the keys to all gates pertaining to the SBBC Licensed Facilities to the school's principal. e. The cost and maintenance of all Improvements made or enabled by the CITY shall be solely borne by the CITY. f. The CITY shall lock the gates to the SBBC Licensed Facilities after each and every use of the Licensed Facilities. 2.03.8 Vacation of SBBC Licensed Facilities. Upon vacation of SBBC Licensed Facilities after each use and occupancy, CITY shall leave SBBC Licensed Facilities in a condition equal to that at the commencement of that day's usage, ordinary use and wear thereof excepted, and shall remove from the premises all items of movable personal property brought onto the SBBC's Licensed Facilities by CITY. 2.03.9 Use of Fixed Kitchen Equipment at SBBC Licensed Facilities. The school principal shall require the use of regular food service workers when fixed kitchen equipment on SBBC Licensed Facilities is used for the preparation of food for banquets, etc., and require the organization to pay the cost of the food service worker(s) involved according to the adopted School Food Services salary schedule, including retirement and other fringe benefits. The food service worker shall assist in the food preparation, serving, and clean up. 2.04 Additional SBBC Licensed Facilities. 2.04.1 Identification of Additional SBBC Licensed Facilities. The CITY and SBBC agree to continue to work cooperatively to identify additional school athletic fields and educational facilities available for use by the residents of the CITY of Dania Beach. The use of additional athletic facilities may be covered by a separate agreement. 8 2.04.2 Procedure to Request Use of Additional SBBC Licensed Facilities. The following procedure shall be followed whenever the CITY desires to use any additional SBBC Licensed Facilities 2.04.2.1 The CITY may submit a Notice of Facility Use form (attached hereto and incorporated herein by reference as Exhibit "C") to the Superintendent of Schools or designee (e.g. school principal) for the use or enjoyment of additional school facilities, outside the CITY limits, a minimum of thirty (30) calendar days in advance of usage. 2.04.2.2 The Superintendent of Schools or designee shall determine if the requested use conflicts or interferes with any other usage of the proposed additional SBBC Licensed Facility and approve or deny the requested use within fifteen (15) calendar days of receipt of the request. If there is no conflict in use and human resources are available, the request will be approved and returned to the CITY. If there is a conflict and the request is not approved, the CITY may appeal the denial to SBBC's South Regional Superintendent or designee. The South Regional Superintendent or designee will determine whether to uphold the denial within fifteen (15) calendar days of filing of the appeal, and the decision of the South Regional Superintendent or designee upon such appeal shall.be final. In the event of a scheduling conflict, priority will be given first to SBBC functions and second to the municipality in which the proposed school is located. 2.05 Accessibility to CITY or SBBC Licensed Facilities and Fees for the Facilities. 2.05.1 The CITY and SBBC (collectively, the "Parties") agree to waive any and all rental fees except for pool usage. CITY/SBBC agrees to waive any and all energy fees (excluding during use for summer programs). The CITY or SBBC will reimburse the other party for any costs that CITY or SBBC incurs only as a result of the use of CITY or SBBC Licensed Facilities by the CITY or SBBC. These reimbursable costs shall be limited to custodial costs to address the operational impact of the event, energy assessment costs only during use for summer programs, personnel costs for providing access to the facility during non-operational hours, and personnel costs for security. In such cases when the CITY or SBBC is permitted unsupervised use of a CITY or SBBC Licensed Facilities, the CITY or SBBC will ensure that an agent of the CITY or SBBC is present during the event to provide appropriate supervision of all activities and that such agent remains on-site until relieved by an authorized CITY or SBBC employee and/or employee volunteer. 2.05.2 In such cases when the CITY or SBBC is permitted unsupervised use of a CITY or SBBC Licensed Facilities, the CITY or SBBC will ensure that an agent of the CITY or SBBC is present during the event to provide appropriate supervision of all activities and that such agent remains on-site until relieved by an authorized CITY or SBBC employee and/or employee volunteer. 2.05.3 The CITY or SBBC will clean up after every use and will return the Licensed Facilities to its clean, sanitary and free from trash and debris state prior to utilization by the CITY or SBBC. However, if the CITY or SBBC does not clean up after every use, then custodial costs will apply. If custodial costs apply, the custodial fee will be $200.00 for a four (4) hour daily minimum, and $50.00 each additional hour. If additional CITY or SBBC personnel are needed for CITY or SBBC event the cost will be $50.00 per hour. Energy costs will only be assessed for CITY's use of SBBC Licensed Facilities for their summer programs with each energy bill charged to the CITY being reduced by twenty percent 9 (20%). Therefore, the CITY shall only pay eighty percent (80%} of the total assessed energy bill at thirty-two dollars per hour ($32.00). 2.05.4 The CITY or SBBC will be responsible for consumable items costs for the CITY or SBBC events with one (1) to thirty (30) people attending a function will pay $10.00 per day. For 31-100 people expected at a function SBBC or CITY will pay $20.00 per day; for 101-200 people expected at a function $ 30.00 per day; and $10.00 additional per day for each additional 100 people expected, or part thereafter. 2.05.5 Fees reflected herein may change due to cost escalation (as cited on the fee schedule in School Board Policy 8020 as of the effective date of this Agreement and both parties will refer to School Board Policy 8020 for fee increases during the term of this Agreement. If such happens the CITY or SBBC will communicate in writing such fee increases in a timely manner and such fees will become the effective fees and will be charged. 2.05.6 CITY or SBBC will ensure the CITY or SBBC is provided with information regarding 24-hour emergency notification and access protocol at the time of the authorization of unsupervised access to CITY or SBBC Licensed Facilities to ensure the appropriate emergency procedures and agreed upon special terms and conditions are followed. 2.05.7 All costs that are the responsibility of the CITY or SBBC shall be paid within 30 days of receipt of an invoice from CITY or SBBC. There will be no cost charged to the CITY by SBBC for training programs conducted by the CITY's law enforcement agency and/or Fire-Rescue Departments when such training is designed to enhance the CITY's response to incidents at SBBC's schools and facilitates. 2.05.8 As cited above, if the CITY or SBBC does not clean up after every use and return the Licensed Facilities to its clean, sanitary and free from trash and debris state prior to utilization by the CITY or SBBC, then custodial costs will apply. 2.06 Additional Services at CITY or SBBC Licensed Facilities. The cost for additional services, i.e., security, law enforcement, personnel, etc., for events at CITY or SBBC Licensed Facilities shall be mutually agreed upon by the parties prior to the scheduled events. Such agreement shall be reduced to writing in the respective Facility Use Form, with services and costs mutually agreed upon by the Superintendent or designee and the Public Service Director or designee. 2.07 Insurance. Upon execution of this Reciprocal Use Agreement, each party shall submit to the other, copies of its certificate(s) of insurance or self-insurance evidencing the required coverage. 2.08 Required Insurance Coverages. Each party acknowledges without waiving its right of sovereign immunity as provided by Section 768.28 Florida Statutes, that each party is self-insured for general liability under Florida Statutes with coverage limits of $200,000 per person and $300,000 per occurrence, or such monetary wavier limits that may change and be set forth by the legislature. 2.08.1 Each party shall keep in effect during the full term of the 10 Agreement, self-insurance under a Risk Management Program in accordance with Section 768.28 Florida Statutes, for General and Automobile Liability. 2.08.2 Self-insured worker's Compensation Insurance with Florida statutory benefits in accordance with Chapter 440, Florida Statutes, including Employer's Liability limits not less than $100,000/$ 100,000/$500,000 (each accident/disease-each employee/disease- policy limit). 2.08.3 Fire Legal Liability damage to Rented Premises with limits of $500,000 per occurrence/aggregate as a condition for the reduced limit of insurance. The CITY is not permitted to utilize stoves, ovens, microwave ovens, hotplates or any devices which have the potential to cause a fire on SBBC Property. SBBC grants permission for the CITY's vendor to utilize catering warmers during the summer program. The CITY' s vendor will be required to name "The School Board of Broward County, Florida, its officers, employees and agents" as additional insured with respect to liability on behalf of the vendor. The general liability policy will be primary of all other valid and collectible coverage maintained by the School Board of Broward County, Florida. 2.08.4 Self-insurance and/or insurance requirements shall not relieve or limit the liability of either party, except to the extent provided by Section 768.28, Florida Statutes. Both parties reserve the right to require other insurance coverage that both parties deem mutually necessary depending upon the risk of loss and exposure to liability, subject to each party's Commission or Board approval, if necessary. 2.08.5 Violations of the terms of this section and its subparts shall constitute a material breach of the Agreement and the non-breaching party may, at its sole discretion, cancel the Agreement and all rights, title and interest shall thereupon cease and terminate. 2.08.6 Required conditions; self-insurance and/or liability policies must contain the following provisions. In addition, the following wording in section 2.08.6. l below must be included in the Certificate of insurance 's description of operations: 2.08.6. l All self-insurance and/or liability policies are primary over all other valid and collectable coverage maintained by The School Board of Broward County, Florida. (Certificate Holder: The School Board of Broward County, 600 Southeast Third Avenue, Fort Lauderdale, Florida 33301). 2.08.7 No activities under this Agreement shall commence until the required proof of self-insurance and/or certificates of insurance have been received and approved by the Risk Managers of each party. 2.09 Protection of Public Safety. Each party specifically reserves the right, through its representatives, to eject any person(s) behaving in an objectionable manner from its own facilities or facilities of the other it may be using, and upon the exercise of this authority, each party hereby waives any right and all claims for damages against the other, as a result of the ejection, whether directly or through any of its agents or employees. 2.10 License not Lease. This Agreement shall not be deemed to be a lease of 11 any facilities, the use of which is permitted hereunder, but rather a license to use and occupy the respective premises under the terms and conditions stated herein. No leasehold interest in either CITY Licensed Facilities or SBBC Licensed Facilities is conferred to the using party under the provisions hereof. 2.11 Notice. When any of the parties desire to give notice to the other, such notice must be in writing, sent by U.S. Mail, postage prepaid, addressed to the party for whom it is intended at the place last specified; the place for giving notice shall remain such until it is changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving notice: To SBBC: Superintendent of Schools The School Board of Broward County, Florida 600 Southeast Third Avenue Fort Lauderdale, Florida 33301 With a Copy to: Director, Facility Planning & Real Estate Department School Board of Broward County, Florida 600 Southeast Third Avenue - 8th Floor Fort Lauderdale, Florida 33301 To CITY: Director, Parks and Recreation City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a Copy to: City Attorney Eve A. Boutsis 100 West Dania Beach Boulevard Dania Beach, Florida 33004 2.12 Background Screening: CITY and SBBC agree to comply with all requirements of Sections 1012.32 and 1012.465, Florida Statutes, and all of its personnel who (1) are to be permitted access to CITY parks and school grounds when students are present, (2) will have direct contact with students, or (3) have access or control of CITY/school funds, will successfully complete the background screening required by the referenced statutes and meet the standards established by the statutes. This background screening will be conducted by CITY or SBBC in advance of CITY or SBBC or its personnel providing any services under the conditions described in the previous sentence. CITY or SBBC shall bear the cost of acquiring the background screening required by Section l 012.32, Florida Statutes, and any fee imposed by the Florida Department of Law Enforcement to maintain the fingerprints provided with respect to CITY or SBBC and its personnel. The parties agree that the failure of CITY or SBBC to perform any of the duties described in this section shall constitute a material breach of this Agreement entitling CITY or SBBC to terminate immediately with no further responsibilities or duties to perform under this Agreement. To the extent permitted by law, CITY or SBBC agrees to indemnify and hold harmless CITY or SBBC, its officers and employees from any liability in the form of physical or mental injury, death or property damage resulting in CITY's/SBBC's failure to comply with the requirements of this Section or with Sections l 012.32 and l 012.465, Florida Statutes. Nothing herein shall be construed as a waiver by 12 SBBC or CITY of sovereign immunity or of any rights or limits to liability existing under Section 768.28, Florida Statutes. 2.13 Indemnification. To the extent permitted by law, CITY and SBBC each agree to indemnify, defend and hold the other, including their officers, agents and employees, harmless from and against any and all claims, damages, losses, liabilities, causes of action of any kind or nature whatsoever arising out of or because of the use and occupancy of any facilities licensed hereunder, providing that if such claim, damage, loss, liability or cause of action is due to the joint or concurrent negligence of the indemnitor and the indemnitee, their respective responsibilities hereunder shall be in the same proportion that the negligent acts or omissions of each contributes thereto. This indemnification shall not be limited to the amount of comprehensive general liability insurance that each party is required to provide under this Agreement. Each party reserves the right to select its own counsel in any such proceeding and all costs and fees associated therewith shall be the responsibility of the indemnitor under this indemnification agreement. Compliance with the foregoing shall not relieve the indemnitor of any liability or other obligation under this Agreement. Nothing contained herein is intended nor shall be construed to waive any party's rights, defenses, immunities or limits to liability existing under the common law or Section 768.28, Florida Statutes. ARTICLE 3 - GENERAL CONDITIONS 3.01 No Waiver of Sovereign Immunity. Nothing herein is intended to serve as a waiver of sovereign immunity by any agency or political subdivision to which sovereign immunity may be applicable or of any rights or limits to liability existing under Section 768.28, Florida Statutes. This section shall survive the termination of all performance or obligations under this Agreement and shall be fully binding until such time as any proceeding brought on account of this Agreement is barred by any applicable statute of limitations. 3.02 No Third Party Beneficiaries. The parties expressly acknowledge that it is not their intent to create or confer any rights or obligations in or upon any third person or entity under this Agreement. None of the parties intend to directly or substantially benefit a third party by this Agreement. The parties agree that there are no third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against any of the parties based upon this Agreement. Nothing herein shall be construed as consent by an agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. 3.03 Independent Contractor. The parties to this Agreement shall at all times be acting in the capacity of independent contractors and not as an officer, employee or agent of one another. Neither party or its respective agents, employees, subcontractors or assignees shall represent to others that it has the authority to bind the other party unless specifically authorized in writing to do so. No right to SBBC retirement, leave benefits or any other benefits of SBBC employees shall exist as a result of the performance of any duties or responsibilities under this Agreement. SBBC shall not be responsible for social security, withholding taxes, contributions to unemployment compensation funds or insurance for the CITY or the CITY' s officers, employees, agents, subcontractors or assignees. No right to CITY retirement, leave benefits or any other benefits of CITY employees shall exist as a result of the performance of any duties or responsibilities under this Agreement. CITY shall not be responsible for social security, withholding taxes, contributions to unemployment compensation funds or insurance for SBBC or SBBC 's 13 officers, employees, agents, subcontractors or assignees. 3.04 Equal Opportunity Provision. The parties agree that no person shall be subjected to discrimination because of age, race, color, disability, gender identity, gender expression marital status, national origin, religion, sex or sexual orientation in the performance of the parties' respective duties, responsibilities and obligations under this Agreement. 3.05 Termination. This Agreement may be canceled with or without cause by either party during the term hereof upon thirty (30) days written notice to the other parties of its desire to terminate this Agreement. SBBC shall have no liability for any property left on SBBC's property by any party to this Agreement after the termination of this Agreement. Any party contracting with SBBC under this Agreement agrees that any of its property placed upon SBBC's facilities pursuant to this Agreement shall be removed within ten (10) business days following the termination, conclusion or cancellation of this Agreement and that any such property remaining upon SBBC' s facilities after that time shall be deemed to be abandoned, title to such property shall pass to SBBC, and SBBC may use or dispose of such property as SBBC deems fit and appropriate. In the event of imminent threat to health, safety, or property, either party may immediately suspend facility use pending resolution. 3.05.01 The CITY shall have no liability for any property left on CITY' s property by any party to this Agreement after the termination of this Agreement. Any party contracting with CITY under this Agreement agrees that any of its property placed upon CITY' s facilities pursuant to this Agreement shall be removed within ten ( l 0) business days following the termination, conclusion or cancellation of this Agreement and that any such property remaining upon CITY' s facilities after that time shall be deemed to be abandoned, title to such property shall pass to the CITY, and CITY may use or dispose of such property as CITY deems fit and appropriate. 3.06 Default. The parties agree that, in the event that either party is in default of its obligations under this Agreement, the non-defaulting party shall provide to the defaulting party (30) days written notice to cure the default. However, in the event said default cannot be cured within said thirty (30) day period and the defaulting party is diligently attempting in good faith to cure same, the time period shall be reasonably extended to allow the defaulting party additional cure time. Upon the occurrence of a default that is not cured during the applicable cure period, this Agreement may be terminated by the non- defaulting party upon thirty (30) days written notice. This remedy is not 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 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 future exercise thereof. Nothing in this section shall be construed to preclude termination for convenience pursuant to Section 3.05. 3.07 Annual Appropriation. The performance and obligations of SBBC and CITY under this Agreement shall be contingent upon an annual budgetary appropriation by their respective governing bodies. If funds are not allocated by either governing body for the payment of services or products to be provided under this Agreement, this Agreement may be terminated at the end of the period for which funds have been allocated. Each party shall notify the other party at the earliest possible time before such termination. No penalty shall accrue to either party in the event this provision is exercised and neither party shall be obligated or liable for any future payments due or any damages as a result of termination under 14 this section. 3.08 Excess Funds. Any party receiving funds paid by SBBC under this Agreement agrees to promptly notify SBBC of any funds erroneously received from SBBC upon the discovery of such erroneous payment or overpayment. Any such excess funds shall be refunded to SBBC. 3.09 Public Records. Pursuant to Section 119.0701, Florida Statutes, CITY and SBBC are required to (a) keep and maintain available for public inspection any records that pertain to services rendered under this Agreement; (b) provide the public with access to public records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; (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; and (d) meet all requirements for retaining public records and transfer, at no cost, to the other party all public records in that party's possession upon termination of its contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All of such party's records stored electronically must be provided to the other party in a format that is compatible with the other party's information technology systems. Each party shall maintain its own respective records and documents associated with this Agreement in accordance with the records retention requirements applicable to public records. Each party shall be responsible for compliance with any public documents request served upon it pursuant to Section 119.07, Florida Statutes, and any resultant award of attorney's fees for non-compliance with that law. Each party acknowledges that this Agreement and all attachments thereto are public records and do not constitute trade secrets. 3.10 Student Records: Notwithstanding any provision to the contrary within this Agreement, any party contracting with SBBC under this Agreement shall fully comply with the requirements of Sections 1002.22 and 1002.221, Florida Statutes; FERPA, and any other state or federal law or regulation regarding the confidentiality of student information and records. 3.11 Compliance with Laws. Each party shall comply with all applicable federal, state and local laws, SBBC policies, codes, rules and regulations in performing its duties, responsibilities and obligations pursuant to this Agreement. 3.12 Place of Performance. All obligations of SBBC under the terms of this Agreement are reasonably susceptible of being performed in Broward County, Florida and shall be payable and performable in Broward County, Florida. 3.13 Governing Law and Venue. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any controversies or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Seventeenth Judicial Circuit of Broward County, Florida. 3.14 Entirety of Agreement. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are 15 not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 3.15 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 3.16 Assignment. Neither this Agreement nor any interest herein may be assigned, transferred or encumbered by any party without the prior written consent of the other party. There shall be no partial assignments of this Agreement including, without limitation, the partial assignment of any right to receive payments from SBBC. 3.17 Incorporation by Reference. Exhibits "A", "B" and "C" attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. In the event of any conflict or inconsistency between this Agreement and the provisions in the incorporated Exhibits, the terms of this Agreement shall supersede and prevail over the terms in the Exhibits. 3.18 Captions. The captions, section designations, section numbers, article numbers, titles and headings appearing in this Agreement are inserted only as a matter of convenience, have no substantive meaning, and in no way define, limit, construe or describe the scope or intent of such articles or sections of this Agreement, nor in any way effect this Agreement and shall not be construed to create a conflict with the provisions of this Agreement. 3.19 Severability. In the event that any one or more of the sections, paragraphs, sentences, clauses or provisions contained in this Agreement is held by a court of competent jurisdiction to be invalid, illegal, unlawful, unenforceable or void in any respect, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect as if such invalid, illegal, unlawful, unenforceable or void sections, paragraphs, sentences, clauses or provisions had never been included herein. 3.20 Preparation of Agreement. The parties acknowledge that they have sought and obtained whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to herein express their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 3.21 Amendments. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by each party hereto. 3.22 Waiver. The parties agree that each requirement, duty and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. Any party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement unless the waiver is in writing and signed by the party waiving such provision. A written waiver shall only be effective as to the specific instance for which it is obtained and shall not be 16 deemed a continuing or future waiver. 3.23 Force Majeure. Neither party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, epidemics, pandemics, government regulations, and the issuance or extension of existing government orders of the United States, the State of Florida, or local county and municipal governing bodies, or by reason of any other matter or condition beyond the control of either party, and which cannot be overcome by reasonable diligence and without unusual expense ("Force Majeure"). In no event shall a lack of funds on the part of either party be deemed Force Majeure. In the event any of the licensed facilities, or any part thereof, shall be destroyed by fire or any other cause, or if any other casualty or any unforeseen occurrence shall render the fulfillment of this Agreement by either party impossible, then and thereupon, this Agreement shall be modified to exclude the use of the damaged licensed facility until such time as the owning party, at its discretion, returns the facility to an operable condition. 3.24 Survival. All representations and warranties made herein, indemnification obligations, obligations to reimburse SBBC and CITY, obligations to maintain and allow inspection and audit of records and property, obligations to maintain the confidentiality of records, reporting requirements, and obligations to return public funds shall survive the termination of this Agreement. 3.25 Contract Administration. SBBC has delegated authority to the Superintendent of Schools or his/her designee to take any actions necessary to implement and administer this Agreement. Such actions shall include, but not be limited to, the immediate suspension of the use or occupancy of any or all SBBC Licensed Facilities as a result of the anticipation of imminent existence or existence of any of the conditions listed in Article 3.23 - Force Majeure – hereinabove. 3.26 Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. IN WITNESS WHEREOF, the parties hereto have each executed this Agreement for reciprocal use of facilities on the dates indicated below. [THIS SPACE INTENTIONALLY LEFT BLANK] 17 FOR SBBC (Corporate Seal) THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA By:________________________________ ATTEST: Debra Hixon, Chair __________________________ Approved as to form and legal content: Dr. Howard Hepburn, Superintendent of Schools ________________________________ Office of the General Counsel [THIS SPACE INTENTIONALLY LEFT BLANK] 18 FOR CITY ATTEST: THE CITY OF DANIA BEACH, FLORIDA, a municipal corporation of the State of Florida By: ________________________ By: __________________________________ Elora Riera, MMC, City Clerk Joyce L. Davis, Mayor Date: ________________________________ Approved as to form and Sufficiency for the Use of and reliance by City of Dania Beach, Florida, only. ________________________________ Eve A. Boutsis, City Attorney [THIS SPACE INTENTIONALLY LEFT BLANK] 19 EXHIBIT "A" CITY LICENSED FACILITIES** **Other CITY owned facilities within the corporate limits of the CITY of Dania Beach may be added by mutual agreement of the Superintendent of Schools (or designee) and the CITY Manager (or designee) and without formal amendment of this Agreement. C.W. Thomas Park/Gym Mildred V. Jones Park 100 NW 8th Avenue 201-249 NW 14th Way Dania Beach, Florida 3300 Dania Beach, Florida 33004 Chester Byrd Park Mullikin Park 1021 SW 12th Avenue 230 SW 1st Court Dania Beach, Florida 33004 Dania Beach, Florida 33004 Dania Beach Ocean Park Northside Garden/Melaleuca Park 100 N. Beach Road 850 NW 10th Street Dania Beach, Florida 33004 Dania Beach, Florida 33004 Frost Park Recreational Complex/Gym P.J. Meli Park Community Center/Aquatic 300 NE 2nd Street Complex Dania Beach, Florida 33004 2901 SW 52nd Street Dania Beach, Florida 33312 I.T. Parker Community Center Southwest Community Center 901 NE 3rd Street 230 SW 12th Avenue Dania Beach, Florida 33004 Dania Beach, Florida 33004 20 EXHIBIT "B" SBBC LICENSED FACILITIES** ** Other SBBC owned facilities within the corporate limits of the CITY of Dania Beach may be added by mutual agreement of the Superintendent of Schools (or his/her designee) and the CITY Manager (or his/her designee) and without formal amendment of this Agreement. Collins Elementary School 1050 NW 2nd Street Dania Beach, Florida 33004 Dania Beach Elementary School 300 SE 2nd Avenue Dania Beach, Florida 33004 Olsen Middle School 330 SE 11th Terrace Dania Beach, Florida 33004 21 22 Recipient: Request Sponsor: Brief description of Recipient's mission/commitment to the City of Dania Beach: Description of how the funds will be used/deliverables: REVIEW FOR VERIFICATION OF FUNDS. PAYMENT WILL BE RELEASED AFTER COMMISSION APPROVAL. Legal Finance City Manager PLEASE ATTACH ALL DOCUMENTATION NECESSARY TO SUPPORT THE REQUEST Submitted by:Date of submission: Agenda Date: Request Amount: City of Dania Beach Use Request Form Request Date: City Commission Discretionary Funds Recipient: Request Sponsor: Brief description of Recipient's mission/commitment to the City of Dania Beach: Description of how the funds will be used/deliverables: REVIEW FOR VERIFICATION OF FUNDS. PAYMENT WILL BE RELEASED AFTER COMMISSION APPROVAL. Legal Finance City Manager PLEASE ATTACH ALL DOCUMENTATION NECESSARY TO SUPPORT THE REQUEST Submitted by:Date of submission: Agenda Date: Request Amount: City of Dania Beach Use Request Form Request Date: City Commission Discretionary Funds City of Dania Beach 100 W Dania Beach Blvd. Dania Beach, FL, 33004 Phone: 954-924-6800 x3627 INVOICE INVOICE #110325 DATE: OCTOBER 6, 2025 TO: Commissioner Luis Rimoli 100 W Dania Beach Blvd. Dania Beach, FL, 33004 954-924-6800 DESCRIPTION UNIT PRICE TOTAL Special Event Application • Special event application fee for the Serving Joy event on 11.3.2025 $150.00 $150.00 SUBTOTAL $150.00 TOTAL DUE $150.00 Make all checks payable to the City of Dania Beach If you have any questions concerning this invoice, contact Tyrone Cornileus at TCornileus@daniabeachfl.gov or at 954-924-6800 x3733. Thank you for your business! The Gratefull Thread 10158 NW 47th Street Sunrise, Fl 33351 954-572-8383 10/6/2025 6" BAG CLIP Style#Color INK Quantity COST TOTAL BC6 ROYAL OR WHITE WHITE OR BLACK INK 300 $1.41 $423.00 MAGNET 300 $0.15 $45.00 SET-UP 1 $55.00 $55.00 SHIPPING $39.00 TOTAL $562.00 City of Dania Beach Public Services Memorandum DATE: 10/28/2025 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 AND ENTER INTO AN AGREEMENT FOR ITB NO. 25-021 TO HAWKINS INC FOR THE WATER TREATMENT PLANT (WTP) BULK CHEMICAL PURCHASES Request: The Public Services Department (PSD) is requesting authorization to award and enter into an agreement for the ITB No. 25-021 to Hawkins Inc. for bulk chemical purchases for the water treatment plant. Background: PSD is seeking to utilize Hawkins Inc. under bid contract (ITB 25-021) for the Water Treatment Plant (WTP) membrane filtration. These chemicals ensure membrane function and assist in binding metals during the treatment process. ITB 25-021 “Bulk Chemical Purchases for Water Plant.” was advertised in Open Gov. Bids were opened publicly on September 5th, 2025, with only one response received.: 1. Hawkins Inc. Clearflow PT 2536 Corrosion Inhibitor cost = $14.70 per unit (Gallon) Sodium Hydroxide (50%) cost = $6.25 per unit (Gallon) Anti-Scalant (AWC A-109) cost = $44.42 per unit (Gallon) LPC-9 Corrosion Inhibitor cost = $25.04 per unit (Gallon) Citric Acid cost = $19.10 per unit (Gallon) After review of the submitted bid, the Bid Committee consisting of Sean Schutten (Deputy Public Services Director), Nate Costa (Water Plant Manager), and Megan Yany (Lead Project Manager) agreed that Hawkins Inc. was well qualified for the City’s needs. Budgetary Impact Funding will be allocated from the “Operating Supplies Chemicals” G/L Account No. 401-33- 03-533-52-40. Estimated cost is $100,000.00. Recommendation PSD recommends the City Commission adopt a resolution to award the ITB 25-021 to Hawkins Inc. in the amount not to exceed $100,000.00 RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH HAWKINS WATER TREATMENT GROUP, INC. (D/B/A HAWKINS INC.) RELATING TO THE CITY’S INVITATION TO BID (“ITB”) NO. 25-021 ENTITLED, “BULK CHEMICAL PURCHASES FOR WATER PLANT”, WHICH AGREEMENT WILL EXCEED THE ANNUAL VENDOR THRESHOLD AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00); TO BE VALID EACH YEAR THE CONTRACT IS IN PLACE,; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the water treatment plant uses a membrane filtration system to assist in the water treatment process. This system uses chemicals to keep the filters from being damaged from the raw water supply and to assist with the water quality after filtration. These chemicals are vital for water quality as well as iron and manganese removal; and WHEREAS, the Public Services Department is requesting that the City Commission authorize the award and enter into an agreement with Hawkins Inc. for ITB No. 25-021 “Bulk Chemical Purchases for Water Plant”; and WHEREAS, on September 5, 2025, the City received one response to ITB No. 25-021 “Bulk Chemical Purchases for Water Plant”; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, “Monetary thresholds for certain purchases and payment disbursement authorizations”, Subsection (a), sets the monetary threshold or limitation at Fifty Thousand Dollars ($50,000.00) for a vendor each fiscal year; and WHEREAS, after review of the submitted bid, the Bid Committee consisting of the Deputy Public Services Director, the Water Plant Manager and the Lead Project Manager agreed that Hawkins Inc. was the best qualified for the City’s needs; and 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 the City Commission authorizes the proper City officials to execute an agreement with Hawkins Water Treatment Group, Inc. for “Bulk Chemical Purchases for Water Plant”, which Agreement is attached as Exhibit “A” and incorporated into this Resolution by this reference. Section 3. That funding for this Agreement will exceed the annual vendor threshold of $50,000.00 to be valid each the contract is in place and will be appropriated from the “Operating Supplies Chemicals” Account NO. 401-33-03-533-52-40 and for a total amount of One Hundred Thousand Dollars ($100,000.00). 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 Rim ____ ____ 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 BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND HAWKINS WATER TREATMENT GROUP, INC., FOR THE PURCHASE AND DELIVERY OF BULK CHEMICALS AS FURTHER DESCRIBED IN THE CITY’S INVITATION TO BID (“ITB”) NO. 25-021 ENTITLED, “BULK CHEMICAL PURCHASES FOR WATER PLANT. \ This Agreement (“Agreement”) is made this _____ day of ______________, 2025, by and between CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation, with its principal office at 100 West Dania Beach Boulevard, Dania Beach, FL 33004 (“City”) and HAWKINS WATER TREATMENT GROUP, INC., a Minnesota corporation authorized to do business in Florida, with a principal mailing address of 2381 Rosegate, Roseville, MN 55113 (“Vendor” or “Contractor”). 1.0 RECITALS 1.1 The City issued Invitation to Bid (ITB) No. 25-021, “Bulk Chemical Purchases for Water Plant.” 1.2 Hawkins Water Treatment Group, Inc. submitted the lowest responsive and responsible bid. 1.3 On October 28, 2025, the City Commission authorized execution of this Agreement and expenditures exceeding $50,000.00 annually. 1.4 The parties desire to formalize their understanding in this Agreement. 2.0 SCOPE OF SERVICES 2.1 Vendor shall furnish and deliver bulk treatment chemicals (including but not limited to sodium hypochlorite, sodium hydroxide, ferric sulfate, sodium permanganate, and other approved treatment chemicals) to the City’s Water Treatment Plant, in accordance with ITB No. 25-021 and Hawkins’s Bid Form, attached as Exhibit A. 2.2 All products must comply with applicable AWWA, NSF/ANSI Standard 60, and FDACS specifications. 2.3 Deliveries shall be made to: City of Dania Beach Water Treatment Plant, 1201 Stirling Road, Dania Beach, FL 33004. Vendor shall maintain adequate supply to ensure uninterrupted service to the water facility. 2 3.0 TERM This Agreement shall commence upon full execution and shall remain in effect through December 31, 2025, with up to two (2) optional one-year renewals upon mutual written consent, subject to annual appropriation and satisfactory performance. 4.0 COMPENSATION 4.1 City agrees to pay Vendor in accordance with the unit prices set forth in Exhibit A (Hawkins Bid Form). The total annual expenditure shall not exceed $100,000.00 4.2 Invoices shall be submitted monthly to the City of Dania Beach Finance Department, Attn: Accounts Payable (ap@daniabeachfl.gov), with a copy to the Public Services Department, Attn: Water Plant Manager. 4.3 Payment shall be made within 30 days of approval, pursuant to the Local Government Prompt Payment Act (F.S. 218.70 et seq.). 5.0 REQUIREMENTS Vendor shall maintain 24-hour emergency response capability for spill, leak, or contamination events. Vendor shall provide all necessary Safety Data Sheets (SDS) and maintain proper labeling per OSHA HazCom 2012. Deliveries must be made only by certified drivers trained in hazardous materials handling. 6.0 INSURANCE AND INDEMNIFICATION Vendor shall maintain insurance coverage not less than those required under Exhibit B, including: • Commercial General Liability – $1,000,000 per occurrence • Automobile Liability – $1,000,000 combined single limit • Workers’ Compensation – statutory limits • Pollution Liability – $1,000,000 minimum City shall be named as additional insured. Vendor shall indemnify and hold harmless the City, its officials, and employees from all claims, damages, or losses arising out of Vendor’s negligent acts or omissions. 3 7.0 TERMINATION 7.1 For Convenience: The City may terminate upon 10 calendar days’ written notice. 7.2 For Cause: Immediate termination may occur upon Vendor default or failure to perform. 7.3 Fiscal Non-Appropriation: If funds are not appropriated, the City may terminate without penalty. 8.0 PUBLIC RECORDS COMPLIANCE Vendor shall comply with Chapter 119, Florida Statutes, and maintain all records related to this Agreement. City’s Custodian of Records: Eloria Riera, MMC – City Clerk, 100 West Dania Beach Boulevard, Dania Beach, FL 33004, eriera@daniabeachfl.gov 954-924-9800 x3623. 9.0 INDEPENDENT CONTRACTOR Vendor is an independent contractor and not an agent or employee of the City. 10.0 GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Venue for all actions shall lie exclusively in the Seventeenth Judicial Circuit, Broward County, Florida. 11.0 MISCELLANEOUS 11.1 Assignment: Prohibited without City’s prior written consent. 11.2 Scrutinized Companies: Vendor certifies compliance with F.S. 215.4725 (Boycott of Israel). 11.3 Sovereign Immunity: City’s liability is limited by F.S. 768.28. 11.4 Entire Agreement: This document and attached exhibits constitute the full agreement and supersede prior discussions or representations. 4 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. 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 5 WITNESSES: CONTRACTOR: Hawkins Water Treatment Group, Inc., a Foreign corporation authorized to conduct business in Florida, d/b/a Hawkins, Inc. Signature Signature PRINT Name PRINT Name Signature Title Dated: ___________________, 2025 PRINT Name STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on , 2025 by ___________ , as of Hawkins Water Treatment Group, Inc., a foreign corporation authorized to conduct business in Florida and d/b/a Hawkins, Inc. He/she is personally known to me or has produced as identification. Notary Public, State of ___________ Print Name My Commission Expires: 1 CITY OF DANIA BEACH, FLORIDA BULK CHEMICAL PURCHASES FOR WATER PLANT CITY INVITATION TO BID (“ITB”) NO. 25-021 Prepared by: City of Dania Beach, Florida 100 W. Dania Beach Boulevard Dania Beach, FL 33004 Thursday, August 7, 2025 BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 2 Table of Contents 1. NOTICE TO BIDDERS 2. GENERAL TERMS & CONDITIONS 3. SPECIAL CONDITIONS 4. SCOPE OF WORK 5. BID FORM 6. BIDDER SUBMISSIONS Attachments: C - Term_Contract_Agreement_(General_or_Professional_Services)_ BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 3 1. NOTICE TO BIDDERS CITY OF DANIA BEACH, FLORIDA INVITATION TO BID FOR "BULK CHEMICAL PURCHASES FOR WATER PLANT" 25-021 NOTICE IS GIVEN that the City of Dania Beach, Florida (the “City” or “Owner”) will be accepting sealed Bids for its “BULK CHEMICAL PURCHASES FOR WATER PLANT, 25-021”. Bids will be accepted on the City's e-Procurement Portal at https://procurement.opengov.com/portal/daniabeachfl until Friday, September 5, 2025, at 10:00 am. Bids received after this time will be rejected. All submissions will remain confidential and exempt from public record disclosure requirements until the response opening is conducted. PROJECT DOCUMENTS Documents may be obtained from https://procurement.opengov.com/portal/daniabeachfl/projects/179280. Bids must be submitted electronically on the City's e-Procurement Portal at https://procurement.opengov.com/portal/daniabeachfl, the City’s designated electronic bidding system. All bid prices shall be guaranteed firm for a minimum of one hundred twenty (120) calendar days after the submission of the bid. No bidder may withdraw a bid within ninety (90) calendar days after the bid opening date. Pursuant to Florida law, all Bids are exempt public records until thirty (30) days after opening, or award of bid, whichever is sooner. In the event presentations are necessary, all non-presenting bidders will be required to exit the room during the presentations of each of the other bidders as portions of selection committee meetings at which presentations are made are exempt from Florida’s public meeting laws. Bids will be publicly opened and read aloud immediately after the submission deadline on the Bid due date referenced above using RingCentral meeting software, in the presence of the City Clerk or designee on the above stated date. Award of a contract will be made at a subsequent City Commission meeting All bidders are advised that the City has not authorized the use of the City seal or logo by individuals or entities responding to City bids. Bidders shall demonstrate successful performance of projects of a similar magnitude, scope and value as this project. The City Commission of the City of Dania Beach reserves the right to reject any and all bids, to waive any informality in a bid and to make an award in the best interests of the City, as Owner. BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 4 CITY OF DANIA BEACH, FLORIDA Published on: Thursday, August 7, 2025 BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 5 2. GENERAL TERMS & CONDITIONS 2.1 NO BIDS OR PROPOSALS If a Bidder or Offeror does not intend to bid or submit a proposal, please indicate the reason, such as insufficient time to respond, do not offer product or service, unable to meet specifications, schedule would not permit, or any other reason. 2.2 CAUSES FOR REJECTION OF A BID OR PROPOSAL A. No bid or proposal will be considered or accepted that, in the opinion of the City, is informal or unbalanced, or contains inadequate or unreasonable prices for any items; each item must carry its own proportion of the cost as nearly as is practicable. However, the City shall be under no obligation to investigate the correctness of any bid or proposal, and the Bidder or Offeror by signing the bid or proposal shall be deemed to have verified that no errors appear in the bid or proposal as submitted. Any alterations, erasures, interlineations or failures of a bid or proposal to contain all items called for in the solicitation may result in rejection of the bid or proposal. B. If any Bidder or Offeror violates any provision in the solicitation, such Bidder or Offeror may be disqualified from performing the Project Work, or from furnishing the requested services for which the bid or proposal was submitted, and the Bidder or Offeror may be further disqualified from bidding or submitting proposals on any future bids or proposals for work, for goods, or for services for the City. 2.3 GENERAL CONDITIONS A. Purpose: The purpose of the Invitation to Bid is to establish between the City and the Contractor an agreement to perform the project work. B. Documentation: Bidder shall submit in its bid the following: 1. Evidence that the Bidder is certified and licensed to perform the required services in the State of Florida. The successful Bidder must be in compliance with all applicable laws and regulations; 2. A statement stating the number of years the Contractor has been a qualified provider of the requested services; and 3. A complete Bidder’s Questionnaire; it is made a part of and is incorporated into the ITB by this reference. C. Bidder Expenses: Bidders are solely responsible for their own expenses in preparing and submitting Bids, and for any meetings, negotiations or discussions with the City or its representatives and consultants, relating to or arising from this ITB. The City and its representatives, agents, consultants and advisors shall not be liable to any Bidder for any claims, whether for costs, expenses, losses or damages, or loss of anticipated profits, or for any other matter whatsoever, incurred by any Bidder in preparing and submitting a Bid, or participating in negotiations for a contract, or any other activity related to or arising out of this ITB. BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 6 D. No Contract: By submitting a Bid and participating in the process as outlined in this ITB, Bidders expressly agree that no contract of any kind is formed under or arises from this ITB prior to the complete signing by both parties of a formal written contract. E. Conflict of Interest: Bidders shall disclose any potential conflicts of interest and existing business relationships they may have with the City. If requested by the City, a Bidder should provide all pertinent information regarding ownership of the entity within forty-eight (48) hours of the City’s request. F. General Conditions: The agreement to be awarded will be subject to the provisions of the United States Constitution, Florida laws, statutes and ordinances of the United States of America, the State of Florida, Broward County and the City of Dania Beach. 2.4 SPECIAL CONDITIONS A. Any and all Special Conditions contained in the solicitation that may be in variance or conflict with the General Conditions shall have precedence over the General Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Conditions shall prevail in their entirety. B. The solicitation, Bidder Submissions, Specifications, Attachments, Addendum or Addenda, the legal advertisement of the solicitation and any other pertinent documents form a part of the solicitation, and ultimately, the agreement; all of the documents are made a part of and are incorporated into the solicitation and the awarded agreement. 2.5 PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who, or which has been placed on the State of Florida convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid or proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids or proposals on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 F. S. for CATEGORY TWO, which is $35,000.00, for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. A form to that effect, as mentioned above, must be submitted by the Bidder or Offeror. A copy of the Sworn Statement on Public Entities Crimes can be found in the attachments; a copy is made a part of and is incorporated into the solicitation by this reference. 2.6 PRICES, TERMS ARE TO BE FIRM A. The Bidder or Offeror warrants by virtue of its Bid or proposal that the prices, terms and conditions contained in the solicitation shall be firm for a period of no less than one hundred twenty (120) calendar days from the date of the solicitation opening. B. The bid or proposal prices shall include all permit fees, royalties, license fees, taxes and other costs arising from the use of the materials and equipment in any way involved in the Project Work, as well as BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 7 all costs of packaging, transporting and delivery of any materials and equipment to the designated location within the City, and the site cleanup. C. The City may require the addition or deletion of services from the Contractor if the requirements and needs of the City change, in City’s sole opinion. This may entail additional services and additional locations. The Contractor shall provide the City with costs for these additional services and additional locations or both, based upon the cost structure utilized in establishing the pricing for listed locations in initially contracted areas. Deletion of locations, services, or both shall be handled in the same manner as described above. If the costs offered are not acceptable to the City, the City reserves the right to procure the additional services from one or more other Contractors. 2.7 PROTECTION OF PROPERTY A. The successful Bidder or Offeror shall at all times guard against damage or loss to City property or property of other persons, vendors or Contractors and shall be responsible for replacing or repairing any such damage or loss. The Contractor will be required to report any such damages immediately to the City’s representative in charge of the Project. The successful Bidder or Offeror shall ensure that the area in which the sidewalks are being replaced that pedestrians, and the general public are not injured nor have access to the area (safety screening) in which work is proceeding. B. The City reserves the right to repair any damages created by the Contractor and to deduct the appropriate amount from any payment due to the Contractor. In all cases, the decision of the City is final. 2.8 TRASH Contractor shall be responsible for the daily removal of trash and debris from the Project work sites and upon completion of the Project Work. 2.9 INSTRUCTIONS TO BIDDERS Taxes: The City is exempt from any taxes related to the requested services, which may otherwise be imposed by the state or federal government. This exemption does not transmit to suppliers in their purchases of goods or services, used in work or goods supplied to the City. The Contractor shall pay all applicable sales, consumer, use and other similar taxes required by law. The Contractor is responsible for reviewing the pertinent state statutes involving the sales tax and complying with all requirements. 2.10 RETENTION OF RECORDS AND RIGHT TO ACCESS The successful Bidder or Offeror shall preserve and make available all financial records, supporting documents, statistical records, and any other documents pertinent to the agreement for a period of three (3) years after termination or conclusion of the agreement, or if an audit has been initiated and audit findings have not been resolved at the end of these three (3) years, the records shall be retained by the City until resolution of audit finding. BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 8 2.11 NON-COLLUSION STATEMENT By submitting a bid or proposal, the Bidder or Offeror affirms that the bid or proposal is without previous understanding, agreement, or connection with any person, business, or corporation and that the bid or proposal is in all respects fair, and made without collusion or fraud. The Non-Collusion Affidavit form must be executed by the Bidder or Offeror; a copy of the form can be found in the Bidders Submissions; it is made a part of and is incorporated into the solicitation by this reference. 2.12 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS The technical specifications may include items that are considered minimum, mandatory, or required. If any Bidder or Offeror is unable to provide these items, and feels that the technical specifications are overly restrictive, the Bidder or Offeror must notify the City of Dania Beach in writing immediately. Such notification must be received by the City prior to the deadline contained in the solicitation, for questions of a material nature, at least ten (10) calendar days prior to the solicitation opening date. If no such notification is received prior to that deadline, the City will consider the technical specifications to be acceptable to the Bidder or Offeror. 2.13 PUBLIC RECORDS A. Bid or Proposal Submissions Shall Become City Property: All submissions become the property of the City and will not be returned to the Bidder or Offeror. The City will hold all submissions in confidence unless otherwise required by law. B. Contractor’s Obligations: Bidders or Offerors should be aware the City is a “public body” as defined in Florida Statutes, Section 119.011(2) and that it is subject to Florida Statutes, Section 119.0701(2) (a), and the related provisions of the Florida Public Records Law. If awarded this project, the following will apply: 1. Documents to Be City Property: Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with the contract are and shall remain the property of the City. 2. Maintenance of Records: Bidder or Offeror agrees to keep and maintain public records in Bidder’s or Offeror's possession or control in connection with Bidder’s or Offeror's performance under the contract. Bidder or Offeror additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. Bidder or Offeror shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract, and following completion of the contract until the records are transferred to the City. 3. Response to Public Records Requests: Upon request from the City custodian of public records, Bidder or Offeror shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 9 4. Delivery of Records: Upon completion of the contract or in the event of termination by either party, any and all public records relating to the contract in the possession of the Bidder or Offeror shall be delivered by the Bidder or Offeror to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Bidder or Offeror shall be delivered to the City in a format that is compatible with the City’s information technology systems. Once the public records have been delivered upon completion or termination of the contract, the Bidder or Offeror shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. Any compensation due to Bidder or Offeror shall be withheld until all records are received as provided in this solicitation. 5. Failure to Comply: Bidder’s or Offeror's failure or refusal to comply with the provisions of this section shall result in the immediate termination of the contract by the City. C. Florida Public Records Law: Pursuant to Section 119.0701(2) (a), Florida Statutes: IF THE BIDDER OR OFFEROR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER’S OR OFFEROR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, THE BIDDER OR OFFEROR MUST CONTACT THE CITY CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: Elora Riera, City Clerk Mailing Address: 100 W. Dania Beach Boulevard, Dania Beach, Florida 33004 Telephone number: 954-924-6800, Ext. 3623 Email: eriera@daniabeachfl.gov 2.14 SUCCESSORS AND ASSIGNS The City and Contractor, respectively, will bind themselves, their partners, successors, assigns and legal representatives to the agreement. Neither party to the agreement shall assign or subcontract it or any portion of it, without the advance written consent of the other. 2.15 QUALIFICATION OF BIDDERS OR OFFERORS A. Bidders’ or Offeror's Qualifications: The Bidder or Offeror shall complete the Questionnaire Section, along with any other evidence of satisfactory experience and ability to perform the proposed Work. The failure of Bidder or Offeror to demonstrate successful performance of projects of a similar magnitude, scope and value as this project may be deemed to be grounds for declaring the Bidder or Offeror to be non-responsible. B. Certified Financial Statement: If requested by the Owner, the Bidder or Offeror shall submit a certified financial statement, prepared within thirty (30) days of submission of the bid, indicating current financial resources, liabilities, capital equipment, and financial history performance. C. Disqualification: A Bidder or Offeror shall be disqualified and its unopened Bid or Proposal shall be rejected by the City for any one or more of the following reasons: BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 10 1. Reason to believe that collusion exists among the Bidders or Offerors. 2. The Bidder or Offeror is or has been involved directly or indirectly in litigation or arbitration against the Owner within the past ten (10) years. 3. The Bidder or Offeror has defaulted on any previous contract with the Owner within the past ten (10) years or is in arrears on an existing contract. 4. The submittal of more than one Bid or Proposal from an individual, firm, partnership, corporation or association under the same or different names. All such parties shall be disqualified. 5. Untimely bids or proposal shall be automatically and absolutely disqualified and returned unopened. Excuses for the untimely submittal shall not be accepted. The time of bid or proposal receipt documented by the City Clerk’s office shall determine the timeliness of the Bid or Proposal. D. Non-responsible Bidder or Offeror : A Bidder or Offeror may be determined by the Owner to be “non-responsible” once Bids or Proposals are opened, and a Bid or Proposal may be rejected for any one or more of (but not limited to) the following reasons: Determination of a lack of competency as may be revealed by qualification statements, financial statements, experience records or other information disclosed to Owner by other sources. The Bidder's or Offeror's uncompleted or pending workload on other projects, which in the judgment of the Owner may cause detrimental impact on timely completion of the Work. The appearance of an unbalanced Bid or Proposal, as determined by the Owner. If the Bidder or Offeror makes one or more false statements or provides false information in connection with any portion of the bidding documents. If the Bidder or Offeror fails to demonstrate successful performance and completion of projects of a similar magnitude, scope or value as this project. E. Non-responsive Bidder or Offeror : A Bidder or Offeror may be deemed to be non-responsive and a Bid or Proposal may be rejected for any of, but not limited to, the following reasons: 1. If the Bidder or Offeror fails to submit a complete Bid or Proposal, including but not limited to, submitting evidence of all insurance coverages required by the Bid or Proposal and the Contract Documents. 2. If the Bidder or Offeror fails in any way to abide by any of the provisions of the Contract Documents. 2.16 CONTRACTOR'S RELATION TO THE CITY - INDEPENDENT CONTRACTOR It is expressly agreed upon and understood that the Contractor will be in all respects an independent contractor as to the Project Work, and that the Contractor is in no respect an agent or employee of the City. The agreement will specify the Project Work to be done by the Contractor, but the method to be employed to accomplish the work shall be the responsibility of the Contractor, unless otherwise provided in writing in the agreement. Contractor and its employees are not entitled to any of the benefits that the City provides for City employees. BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 11 2.17 EMPLOYEES OF THE CONTRACTOR A. Contractors shall only designate employees who are sufficiently skilled to provide the required services specified in the solicitation. Any person employed to provide the services who fails, refuses or neglects to obey the instructions of the City's representative in anything relating to these services, or who appears to be disorderly, insubordinate, or incompetent shall upon the order of City's representative, be immediately relieved by the Contractor from the Project Work. Any interference with, or any abusive or threatening conduct toward any City representative, its assistants or inspectors by the Contractor, its employees or agents, or any member of the public shall be grounds for the City to terminate the agreement and re-let the work. The Contractor shall furnish all labor, materials, supplies and equipment necessary to properly maintain all Project Work areas in an acceptable and safe condition. B. Contractor agrees that it and its officers shall be held fully responsible, except as otherwise prohibited by law, for all acts of their employees while in their employ. 2.18 AVAILABILITY OF FUNDS The obligations of the City under the awarded agreement will be subject to the availability of funds. 2.19 LICENSES, PERMITS, AND FEES In accordance with the Public Bid Disclosure Act, Section 218.80, Florida Statutes, each license, permit, or fee a Contractor will have to pay the City before or during the work, items or services to be provided or the percentage method or unit method of all licenses, permits, and fees required by the City and payable to the City by virtue of the work, items, or services as part of the agreement are as follows: A. Contractor shall have and maintain during the term of the agreement any and all appropriate City licenses, fees (and business tax receipts, if applicable), which shall be paid in full in accordance with the City's fee structure for such items. THERE WILL NOT BE ANY PERCENTAGE REDUCTION OR WAIVING OF CITY LICENSES, FEES (OR BUSINESS TAX RECEIPTS, IF APPLICABLE). B. During the performance of the agreement, there may be times when the Contractor will be required to obtain a permit for such work, or in connection with the items or services. It is the responsibility of the Contractor to ensure that it has the appropriate permits as may become necessary during the performance of the work. Any fees related to the required permits in connection with the agreement will be the sole responsibility of the Contractor. C. Licenses, permits, and fees may be required by Broward County, the state of Florida or the federal government. D. City will reimburse permit fee costs related to dewatering and National Pollutant Discharge Elimination System (NPDES). BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 12 2.20 TERMINATION OF AGREEMENT If the successful Bidder or Offeror who or which is awarded the contract fails to provide the services, or shall in any other manner commit a breach of the agreement and fails to remedy the same within five (5) calendar days after receipt of written notice from the City, the City may terminate the agreement resulting from the solicitation without any further notice to the Contractor. City representatives will review the construction services periodically to assure that the requirements of the agreement are being met. If any work is unsatisfactory, the Contractor shall be contacted, and the discrepancies corrected at no additional cost to the City. If deficiencies are not corrected within five (5) working days, the City may, at its option, perform the required services or contract to have them performed and deduct the cost of those services from the agreement cost. 2.21 TERMINATION OF AGREEMENT FOR CAUSE If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under the agreement, or if the Contractor shall violate any of the provisions of the agreement, the City may upon written notice to the Contractor, terminate the right of the Contractor to proceed under the agreement, or as to such part or parts of the agreement for which there has been a default, and may hold the Contractor liable for any damages caused to the City by reason of such default and termination. 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. The City reserves the right to terminate the agreement upon thirty (30) calendar days’ written notice, without cause. 2.22 INDEMNIFICATION AND HOLD HARMLESS PROVISIONS A. The selected Contractor shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, including its agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), or costs arising out of any actual or alleged: 1. bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the work; 2. any violation of law, statute, ordinance, governmental administrative order, rule, regulation, or infringement of patent rights by Contractor in the performance of the work; 3. liens, claims, actions made by the Contractor or other party performing the work; and 4. claims of whatsoever nature related to collection practices or any actions of a contradictory nature pursuant to the Agreement or in an attempt to collect monies due or claimed to be due to the City. BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 13 B. Indemnification for Construction Contracts. In the event that the performance of services under the Contract is deemed to be a “construction contract” pursuant to §725.06, Florida Statutes, as it may be amended from time to time, the following indemnification shall apply: 1. To the fullest extent permitted by Chapter 725, Florida Statutes, as it may be amended, the Contractor agrees to indemnify and hold harmless the Owner, its officers, employees, and assigns from liabilities, damages, losses, and costs including, but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentionally wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of the provisions in the Contract Documents. 2.23 INSURANCE REQUIREMENTS BIDDER and their subcontractors, to the extent reasonably applicable to their respective scope of work, provided that, BIDDER shall be responsible for any uninsured claims subject to the limitation of liability hereunder and to the extent directly attributable to City’s failure to require such coverage, shall procure and maintain for the duration of the term of the Agreement, insurance coverage compliant with the requirements set forth in this Section, together with any additional insurance required by applicable federal, state, or local laws and regulations, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the BIDDER, its agents, representatives, employees, or subcontractors. If BIDDER maintains broader coverage and/or higher limits than the minimums shown below for all policies, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the BIDDER. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City to the extent necessary to cover any actual damages suffered by the City. I. Commercial General Liability Limits of Liability (Minimum) • Bodily Injury & Property Damage Liability • Each Occurrence $1,000,000 • Policy Aggregate $2,000,000 • Personal & Advertising Injury $1,000,000 • Products & Completed Operations $1,000,000 Endorsements Required – Include in body of COI and/or Description of Operations • Annual Aggregate shall apply “Per Project/Job”, if available • Waiver of Subrogation in favor of the City, if available • Insurance shall apply on a primary and non-contributory basis BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 14 • “The City of Dania Beach, Florida” is included as “Additional Insured” • If Vendor’s Insurance includes coverage for with an “As Required By Written Agreement/Contract” provision, then the following must be in place to establish such written agreement and trigger coverage: o An executed written contract between the City and Vendor including these requirements; OR o Statement on a Purchase Order or Invoice or other attachment thereof which includes the following verbiage: “Vendor will provide proof of General Liability insurance with Limits of $1,000,000 Per Occurrence/$2,000,000 General Aggregate. City is included as Additional Insured.” II. Business Automobile Liability Limits of Liability (Minimum) • Bodily Injury and Property Damage • Combined Single Limit $1,000,000 • Any Auto/Owned Autos or Scheduled Autos • Including Hired and Non- Owned Autos • Any One Accident Endorsements Required - Include in body of COI and/or Description of Operations • City of Dania Beach included as an Additional Insured if appropriate and available III. Workers’ Compensation / Employers’ Liability A. Workers Compensation Limits: Statutory - State of Florida • Waiver of Subrogation in favor of City, if available B. Employers Liability Limits: • $100,000 for bodily injury caused by an accident, each accident • $100,000 for bodily injury caused by disease, each employee • $500,000 for bodily injury caused by disease, policy limit Workers Compensation must be provided for all persons fulfilling this contract, whether employed, contracted, temporary or subcontracted. BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 15 Contractor(s) must be in compliance with all applicable state and federal workers’ compensation laws, including US Longshore and Harbor Workers Compensation Act, Jones Act (maritime), Federal Employers Liability Act (railroad), etc. In no event shall Vendor be permitted to utilize in the execution of this agreement, the following: A. any employee, subcontractor or subcontractor employee that is exempted or purported to be exempt from Workers’ Compensation insurance coverage; or B. any employee, subcontractor or subcontractor employees who will be covered by an employee leasing arrangement. If exception is authorized, Proof of State of Florida Exemption is required for each person providing work under this agreement. Written confirmation/Exemption Form is required for businesses exempt from obtaining Worker’s Compensation coverage. IV. Umbrella/Excess Liability (Excess Follow Form) can be utilized to provide the required limits. Coverage shall be “following form” and shall not be more restrictive than the underlying insurance policy coverages, including all special endorsements and City as Additional Insured status. Umbrella should include Employer’s Liability. Other Conditions Required: Subcontractors’ Compliance: It is the responsibility of the contractor to ensure that all subcontractors comply with all insurance requirements. Cancellation Requirements: Required insurance shall always be maintained while vendor is on or utilizing City premises. The above policies shall provide the City of Dania Beach with 10 days’ written notice of cancellation or material change from the insurer. If the policies do not contain such a provision, it is the responsibility of the Contractor to provide such notice. Notice Requirements: If an insurable incident occurs while vendor is engaged in a City project, notification to the City is required. Insurance Carrier Financial Stability Requirements: Insurance must be provided by companies authorized to do business in the State of Florida. City reserves the right but not the obligation to reject any insurer providing coverage due to poor or deteriorating financial condition. The Company must be rated no less than “A-” as to management, and no less than “Class VII” as to financial strength, by the latest edition of Best Insurance Guide published by A.M. best Company, or its equivalent. All policies or certificates of insurance are subject to review and verification by Risk Management. If a company is downgraded during the agreement term, Vendor shall notify the City. BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 16 Certificates of Insurance/Verification of Coverage: Proof of the required insurance must reflect all required insurance above will be furnished by Vendor to the City of Dania Beach Human Resources Department by Certificate of Insurance within 5 days of notification of award. All certificates (and any required documents) must be received and approved by Human Resources before any work commences to permit Vendor time to remedy any deficiencies. Valid Certificates verifying coverage is in force as required above must be on file with the City at all times during contract. If the policies renew during the term of the Contract, updated Certificates verifying coverage is in force shall be submitted to the City within 10 days of expiration. Contractor and/or any Subcontractor shall not perform or continue to work pursuant to this agreement, unless all coverages remain in full force and effect; work delay is subject to provisions in this agreement. If vendor fails to provide proof of insurance within 7 days of City’s receipt of notice at any time during this agreement, the City shall have the right to consider the agreement breached, and therefore terminated. A copy of Additional Insured Endorsement or other endorsements may be attached to the Certificate. Notices/ Certificate Holder: City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 Email: Wayne Fletcher The City of Dania Beach, Florida reserves the right to review/revise, reject or accept any required policies of insurance, including limits, coverages or endorsements, herein at the time of the insurance submission. 2.24 SAFETY A. The successful Bidder or Offeror shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project Work. The successful Bidder or Offeror shall comply with the rules and regulations of the Florida Department of Commerce regarding industrial safety (Florida Statutes, Section 440.56) and with the standards set forth in the federal Occupational Safety and Health Act of 1970 (OSHA), and its amendments. B. Bidder or Offeror, by submitting a bid or proposal, certifies that all materials and equipment to be supplied for the Project will meet all federal and state requirements, including but not limited to, the Occupational Safety and Health Act (OSHA). 2.25 WARRANTY The Contractor shall warrant to the City that materials and equipment furnished under the agreement will be of good quality and new unless otherwise required or permitted by the Contract Documents; that the Work will be BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 17 free from defects, and that the Work will conform to the terms and conditions of the agreement. Work not conforming to those terms and conditions, including substitutions not properly approved and authorized may be considered defective. The Contractor's warranty may exclude damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient City maintenance, improper operation, or normal wear and tear under normal usage. The Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. All manufacturers’ product warranties shall be registered in the City’s name and for its sole benefit. 2.26 RESPONSIBLE BIDDER OR OFFEROR No bid or proposal will be accepted from, nor will any agreement be awarded to, any person or entity who or which is in arrears to the City of Dania Beach upon any debt or agreement, who or which is in default as surety or otherwise upon any obligation to the City, who is deemed irresponsible or unreliable by the City, or who or which has been found guilty or convicted of a Public Entity crime in any federal or state trial court of record. 2.27 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING Bidders or Offerors 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 Bidder's or Offeror's social, political, or ideological interests when determining if the Bidder or Offeror is a responsible Bidder or Offeror. Bidders or Offerors are further notified that the City's governing body may not give preference to a Bidder or Offeror based on the Bidder's or Offeror's social, political, or ideological interests. 2.28 CONTRACTOR'S FINANCIAL/EXPERIENCE RECORD The City shall have the right to investigate the financial condition and experience record of the Bidder or Offeror, and determine to its satisfaction the competency of the Bidder or Offeror to undertake the requested services in the solicitation. 2.29 SOLICITATION PROTEST PROCEDURE A. After a Notice of Intent to Award a contract is posted, any actual or prospective Bidder or Offeror claiming to be aggrieved in connection with the pending award of the Contract or any element of the process leading to the award of the Contract may protest to the City Manager. A protest must be filed by 5:00 PM on the third (3rd) Business Day after posting of the Notice of Award (excluding the day that the Notice is posted) or any right to protest is waived. The protest must be in writing, must identify the name and address of the protester, and must include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest and a Bid Protest Bond are timely received by the City Manager’s Office. B. A Bid Protest Bond shall accompany the written protest, to compensate City for the expenses of administering the protest. If the protest is decided in the protester's favor, the entire deposit shall be returned to the protester. If the protest is not decided in the protester's favor, the deposit shall be retained by the City. The deposit shall be in the form of a cashier's check, and shall be the one percent (1%) of the amount of the pending award to the initial successful Bidder or five thousand ($5,000.00) dollars, whichever is less. BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 18 C. The Protest Committee shall have the authority to review, settle, and resolve all protests. Members of the Protest Committee will be appointed by the City Manager. If the Protest Committee determines that the pending award of a contract or any element of the process leading to the award involved a significant violation of law, applicable rule or regulation, all steps necessary and proper to correct the violation shall be taken. If the Protest Committee determines that the protest has merit, the City Manager shall direct that all appropriate steps are to be taken to remedy it. D. In the event of a timely protest, the City Manager shall stay the award of the Contract unless, after consulting with the City Attorney and a representative from the City’s Department for which the services are being obtained, the City Manager determines that the award of the Contract without delay is necessary to protect the substantial interests of the City. The continuation of the bid award process under these circumstances shall not preempt or otherwise affect the protest. 2.30 LITIGATION A. In addition to any other provision of this solicitation, the City may, in its absolute discretion, reject a Bid or Proposal if the Bidder or Offeror, or any officer or director of the Bidder or Offeror submitting the Bid or Proposal, is or has been engaged directly or indirectly in legal action against the City, its elected or appointed officers, representatives or employees in relation to any matter. B. In determining whether or not to reject a Bid or Proposal under this section, the City will consider whether the litigation is likely to affect the Bidder’s or Offeror's ability to work with the City, its consultants and representatives and whether the City’s experience with the Bidder or Offeror indicates that there is a risk that the City will incur increased staff and legal costs in the administration of the contract if it is awarded to the Bidder or Offeror. C. A contract with the successful Bidder or Offeror will include the following: GOVERNING LAW; CONSENT TO JURISDICTION. The law of the State of Florida shall govern the contract. The contract is not subject to arbitration. THE PARTIES EXPRESSLY WAIVE ALL RIGHTS TO TRIAL BY JURY FOR ANY DISPUTES ARISING FROM, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT. THE PARTIES UNDERSTAND AND AGREE THAT THIS WAIVER IS A MATERIAL CONTRACT TERM. D. All claims, counterclaims, disputes and other matters in question between City and the Contractor arising out of, relating to or pertaining to the Contract, the breach of it, the services of it, or the standard of performance required in it, are to be addressed by resort to non-binding mediation as authorized under the laws and rules of Florida; provided, however, that in the event of any dispute between the parties, the parties agree to first negotiate with each other for a resolution of the matter or matters in dispute and, upon failure of such negotiations to resolve the dispute, the parties shall resort to mediation. If mediation is unsuccessful, any such matter may be determined by litigation in a court of competent jurisdiction in Broward County, Florida, or the Federal District Court of the Southern District of Florida and appropriate appellate courts for such venue and jurisdiction. If City or Contractor incurs any expense in BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 19 enforcing the terms of the Contractor, whether suit is brought or not, each party shall bear its own costs and expenses including, but not limited to, court costs and reasonable attorney fees. 2.31 CONTRACT AWARD AND EXECUTION A. Bid or Proposal Opening and Evaluation: The City will publicly open and announce all bids or proposals it receives by total amount in accordance with the terms of the advertisement. The City will verify all bidders or offerors have properly submitted and executed all required solicitation documents and forms; review all bids or proposals for accuracy; prepare a tabulation of the bids showing the item details and total bid for all responsible bids; check for conformance of all bids or proposals to the engineer's estimate; evaluate unbalanced bid or proposal items; confirm the bid tabulations; and provide a recommendation for award of bid or proposal or recommendation for re-advertisement, if appropriate, to the City Commission. B. Rejection of Bids or Proposals: The City may reject bids or proposals in the following circumstances: 1. where the low bid differs from the engineer's estimate by an unreasonable amount (reasonable conformance pursuant to 23 CFR 635.114(c)) 2. where obvious unbalancing of unit prices has occurred, or 3. where competition is considered to be inadequate relative to the size, type, and location of the project. C. Prohibition of Negotiations with Contractors or Bidders or Offerors: Negotiations with contractors are not permitted during the advertisement, award, or execution period of the contracting process. D. Contract Award and Execution: The City will enter into an initial contract of Two (2) years with the option of three (3) one-year renewals with the lowest priced and the most responsive and responsible bidder. If the City is unable to come to terms with the lowest priced and the most responsive and responsible bidder, the City shall initiate the award process with the next lower priced most responsive and responsible bidder, and so on, until a contract is executed. The City is under no obligation to accept any Bid submitted. The City reserves the right in its sole discretion to waive informalities in, or, at any time in the process and to reject any or all Bids at any time. All costs incurred in the preparation and presentation of any Bid shall be wholly absorbed by the Bidder. All supporting documentation and manuals submitted with any Bid will become the property of the City of Dania Beach unless otherwise requested by the Bidder at the time of submission. 2.32 CONE OF SILENCE A. Cone of Silence: Definitions: “Cone of Silence,” as used in this solicitation, means a prohibition on any communication regarding a particular Request for Proposal (“RFP”), Request for Qualification (“RFQ”) or Invitation to Bid (“ITB”), between: 1. a potential vendor, service provider, Bidder or Offeror, bidder, lobbyist, or consultant, and: BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 20 2. a City Commission member, City’s professional staff including, but not limited to, the City Manager and her staff, or any member of the City’s Selection Committee. Restriction; Notice: A Cone of Silence shall be imposed upon this solicitation upon the advertisement of the solicitation. At the time of imposition of the Cone of Silence, the City Manager or designee shall provide for public notice of the Cone of Silence by posting a notice at City Hall. The City Manager shall issue a written notice as to the Cone of Silence to the affected departments, file a copy of such notice with the City Clerk, with a copy to each City Commissioner, and shall include in any public solicitation for goods or services a statement disclosing the requirements of this section. Termination of Cone of Silence: The Cone of Silence shall terminate at the beginning of the City Commission meeting (whether a regular or special meeting) at which the City Manager makes a written recommendation of award to the City Commission. However, if the City Commission refers the City Manager’s recommendation back to the City Manager or staff for further review, the Cone of Silence shall be re-imposed until such time as the City Manager makes a subsequent written recommendation. Exceptions to Applicability: The provisions of this section shall not apply to: 1. Oral communications at pre-bid or pre-proposal conferences; 2. Oral presentations before the Selection Committee; 3. Public presentations made to the City Commission members during any duly noticed public meeting; 4. Communications in writing at any time with any City employee, unless specifically prohibited by the solicitation. The Bidder or Offeror shall file a copy of any written communication with the City Clerk. The City Clerk shall make copies available to any person upon request; 5. Communications regarding the solicitation between a potential vendor, service provider, Bidder or Offeror, lobbyist or consultant and the City’s Procurement and Contract Services Agent or City employee designated as responsible for administering the procurement process for the solicitation, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document; 6. Communications with the City Attorney and his staff; 7. Duly noticed site visits to determine the competency of a Bidder or Offeror regarding the solicitation during the time period between the opening of Bids or Proposals and the time the City Manager makes a written recommendation; 8. Any emergency procurement of goods or services pursuant to City Code; 9. Responses to the City’s request for clarification or additional information; 10. Contract negotiations during any duly noticed public meeting; 11. Communications to enable City staff to seek and obtain industry comment or perform market research, provided all related communications between a potential vendor, service provider, Bidder BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 21 or Offeror, lobbyist, or consultant and any member of the City’s professional staff including, but not limited to, the City Manager and his staff are in writing or are made at a duly noticed public meeting. Penalties: Violation of this section by a particular Bidder or Offeror shall render any solicitation award or contract to the Bidder or Offeror voidable by the City Commission or City Manager. Any person who violates a provision of this section may be prohibited from serving on a City selection or evaluation committee. In addition to any other penalty provided in this solicitation, violation of any provision of this section by a City employee may subject the employee to disciplinary action. Please contact the City Attorney for any questions concerning “Cone of Silence” compliance. BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 22 3. SPECIAL CONDITIONS 3.1 INTERPRETATION AND CLARIFICATION OF BIDDING DOCUMENTS A. All questions requiring interpretation or clarification of the bidding documents shall be submitted to the project’s Q&A in the portal by NO VALUE at NO VALUE. Questions received after this time will not be addressed. B. For information pertaining to this ITB, Bidders shall submit questions to the portal. Such contact shall be for clarification purposes only. Material changes, if any, to the scope of services or Proposal procedures will be transmitted only by written addendum. C. Interpretations or modifications of the bidding documents made in any manner other than Addendum or Addenda issued by the City shall not be binding and shall have no effect. D. The Bidder, prior to submitting a bid, shall acknowledge any Addendum or Addenda issued by the City for this Project. E. Costs for those matters not questioned and not addressed in an Addendum or Addenda, shall be the responsibility of the Bidder, and Bidder shall be responsible to include such costs within the submitted Bid. F. Bidders shall use the Bid Document Forms furnished in the ITB. G. In the event of a mathematical error in the extension of any unit price, or addition of total price, the unit price shall prevail. H. Insurance Coverage: Bidders who are responding to the Invitation to Bid (“ITB”) MUST comply with all of the Insurance Requirements specified in the General Terms and Conditions of the Bid Documents and the Agreement upon award to the successful Bidder. 3.2 BID SECURITY A. Bid Security: Bid security is not required. 3.3 FLORIDA TRENCH SAFETY ACT The Bidder shall include with its Bid, when applicable, all documentation required by the Florida "Trench Safety Act", Section 553.63, Florida Statutes. The unit prices and total prices presented in the Bid, and those presented in any subsequent change orders shall include the Bidder's cost for compliance with the applicable trench safety standards. 3.4 QUALIFICATION OF BIDDERS A. Bidders’ Qualifications: The Bidder shall complete the Bidders’ Questionnaire Section, along with any other evidence of satisfactory experience and ability to perform the proposed Work. The failure of Bidder to demonstrate successful performance of projects of a similar magnitude, scope and value as this project may be deemed to be grounds for declaring the Bidder to be non-responsible. BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 23 B. Certified Financial Statement: If requested by the Owner, the Bidder shall submit a certified financial statement, prepared within thirty (30) days of submission of the bid, indicating current financial resources, liabilities, capital equipment, and financial history performance. C. Disqualification: A Bidder shall be disqualified and its unopened Bid shall be rejected by the City for any one or more of the following reasons: 1. Reason to believe that collusion exists among the Bidders. 2. The Bidder is or has been involved directly or indirectly in litigation or arbitration against the Owner within the past ten (10) years. 3. The Bidder has defaulted on any previous contract with the Owner within the past ten (10) years or is in arrears on an existing contract. 4. The submittal of more than one Bid from an individual, firm, partnership, corporation or association under the same or different names. All such parties shall be disqualified. 5. Untimely bids shall be automatically and absolutely disqualified and returned unopened. Excuses for the untimely submittal shall not be accepted. The time of bid receipt documented by the City Clerk’s office shall determine the timeliness of the Bid. D. Non-responsible Bidder: A Bidder may be determined by the Owner to be “non-responsible” once Bids are opened, and a Bid may be rejected for any one or more of (but not limited to) the following reasons: Determination of a lack of competency as may be revealed by qualification statements, financial statements, experience records or other information disclosed to Owner by other sources. The Bidder's uncompleted or pending workload on other projects, which in the judgment of the Owner may cause detrimental impact on timely completion of the Work. The appearance of an unbalanced Bid, as determined by the Owner. If the Bidder makes one or more false statements or provides false information in connection with any portion of the bidding documents. If the Bidder fails to demonstrate successful performance and completion of projects of a similar magnitude, scope or value as this project. E. Non-responsive Bidder: A Bidder may be deemed to be non-responsive and a Bid may be rejected for any of, but not limited to, the following reasons: 1. If the Bidder fails to submit a complete Bid, including but not limited to, submitting evidence of all insurance coverages required by the Bid and the Contract Documents. 2. If the Bidder fails in any way to abide by any of the provisions of the Contract Documents. 3.5 BILLING PROCEDURE The preferred method for invoices is to send via email to ap@daniabeachfl.gov. A copy may also be mailed to City Hall. BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 24 City of Dania Beach Finance Department Attn: Accounts Payable 100 West Dania Beach Boulevard Dania Beach, Florida 33004 with a copy to: City of Dania Beach Public Services Department Attn: Fernando Rodriguez, Director 100 West Dania Beach Boulevard Dania Beach, Florida 33004 The City will pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, and subject to adjustments as provided in the Contract Documents, the amounts equal to the sum of the unit, lump sum price or both established for each separately identified work item, times the estimated quantity of that item, as indicated in the Schedule of Prices. As provided in the Bid, the quantities entered in the Schedule of Prices for each item of work is an estimate only and the final Contract amount and the total payment made to the Contractor will be based on the actual number of units of each work item incorporated in the Work of the Contract. It is understood that the unit prices quoted or established for work items will be used for computing the amount to be paid to the Contractor, based on the quantities actually constructed as determined by the applicable measurement and payment portion of the Specifications. BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 25 4. SCOPE OF WORK 4.1 SCOPE A. The City of Dania Beach, Florida (the “City” or “Owner”), is actively seeking bids from qualified Contractors (the “Contractor”), for a project known as “BULK CHEMICAL PURCHASES FOR WATER PLANT”. The purpose of this solicitation is for the purchase and delivery of bulk chemicals needed at the City of Dania Beach’s Drinking water plant. 1. Work Included These chemicals include Corrosion Inhibitor’s, Sodium Hydroxide, anti-sealant and citric acid. It shall be the responsibility of each firm to assure compliance with any Occupational Safety and Health Administration, (OSHA), Environmental Protection Agency (EPA), National Safety Foundation International (NSF) and any other Federal, State, and/or Local rules, regulations, or other requirements, as each may apply. Where American Water Works Association (AWWA) Standards are applicable to any chemical listed herein, the same shall be in compliance with the latest revisions thereof. Florida Statutes, Chapter 442 Right-to Know Law, mandates on-site Safety Data Sheets (SDS) for all toxic substances. All firms are requested to submit SDS with their bids. 2. Delivery Requirements The supplier shall be responsible for pumping all mini-bulk deliveries into the storage tanks at the delivery sites and shall provide all necessary hoses, fittings, pumps, etc. required to safely and efficiently offload the chemicals into designated storage tanks. Due to the amount of product needed per delivery and connections associated with the mini-bulk tank, all chemicals must be delivered by tote and not by tanker trucks. Suppliers shall be responsible for ascertaining the correct storage tanks and fill point locations to prevent accidental discharge of the product into the incorrect storage tank(s). Delivery personnel must check with water plant staff prior to making any connection to the district’s tanks or beginning the delivery of any chemical. Delivery and billed quantities will be verified by Dania Beach staff based on level indications and corresponding amounts delivered. The supplier shall be responsible for inspecting Dania Beach fill lines and equipment before filling. Vendor shall bear all expenses associated with any remedial activities caused by incorrect transfers. a. The supplier shall be responsible for any spills resulting from the failure of its delivery equipment or from failure of attendant delivery personnel in the proper performance of their duties. Proper performance should require at minimum, a delivery personnel’s constant inspection and observation of unloading operations and knowledgeable response to problems or emergencies, which would most commonly be expected to occur. Dania Beach reserves the right to refuse any and all deliveries made with equipment that is poorly maintained and/or experiencing chemical leaks. b. It is the supplier’s responsibility to verify the cleanliness of the transporting equipment before loading. All appurtenant valves, pumps, and discharge hoses used for the delivery of chemicals BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 26 shall be supplied by the Supplier and shall be clean and free from contaminating material. Dania Beach may reject a load if the equipment is not properly 20 cleaned. The Supplier’s personnel shall observe the entire filling operation at each delivery site and shall immediately report any spills caused during the filling operations. They shall take immediate and appropriate actions to clean up any spilled chemical. If the spill is not cleaned up, Dania Beach will hire a certified hazardous material handling company to clean up the spill, and the cost of such service will be charged to the supplier and deducted from any amount due. c. Because of security and safety concerns, all delivery vehicle drivers shall have a proper commercial driver’s license with a Hazardous Material endorsement. Supplier’s drivers shall display their driver’s license whenever challenged by Dania Beach during the delivery. Failure to show proper license shall result in rejection of delivery and subsequent possible termination of the Suppliers supply agreement. If a driver does not comply with the rules established by Dania Beach for proper conduct, Dania Beach reserves the right to restrict that driver from making deliveries to the City. In that case, the Supplier must assign a new driver to Dania Beach’s account. d. Delivery shipments shall be rejected which fail to meet any of the requirements of the Specification. In the event a delivery shipment is rejected, upon notification to the supplier that the shipment is rejected, they will be required to ship a replacement delivery to the affected location within four (4) hours from time of notification. Failure to provide replacement product that meets the specification with in the specified time period will constitute failure to comply with the delivery requirements set forth in this document. 3. Emergency Deliveries and Responses It is mandatory that the successful supplier have the resources in place to assure an emergency response time of no more than four (4) hours for any chemical at any time Dania Beach requests an emergency delivery be made. This requirement must be met 24/7 on weekends and all holidays. Additionally, supplier shall provide emergency response assistance for any chemical provided, such as SARA Title III, including but not limited to, Sec. 303 through Sec. 304. Supplier shall always be available to render assistance via phone and onsite assistance within 1 hour to render technical and physical assistance as needed. Supplier shall have on hand a sufficient neutralizing agent to render physical assistance as needed to address any release for product supplied. Supplier shall also render technical assistance to any Emergency personnel needed in a hazmat situation. Notifications to SWP and NRC shall be conducted by the City of Dania Beach. 4. Product Material Requirements and Specifications a. Clearflow PT 2536 Corrosion Inhibitor i. Minimum Delivery: 75 gallons ii. Estimated Annual Usage: 1200 gallons mini-bulk BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 27 iii. Special Delivery Requirements: Without exception, the delivery containers shall be properly labeled and the label shall indicate the mark of the certifying agency ensuring that the product as delivered to the tank has an unbroken chain of custody and is certified to be in total compliance with ANSI/NSF Standard 60 for drinking water. Product shall be pumped into the bulk tanks with an electric pump; use of pressurized air to offload is not acceptable due to danger of overfilling and damage to the tanks. iv. Description: Product must be certified by an accredited agency to meet all the requirements of ANSI/NSF standard 60 as delivered at the District’s facility and approved for use in potable water under rule 555.325 F.A.C. Must comply with AWWA standards 502-05 through 505-05 as applicable. v. Product shall be free of any inorganic or organic substances in quantities capable of producing deleterious or injurious effects on the health of those consuming the water that has been properly treated with the corrosion inhibitor vi. Physical Properties: Liquid, clear in color. During manufacturing, the product shall be final filtered two times using a 1-micron filter and shall have no contamination by visual observation. b. Sodium Hydroxide (Caustic Soda) – 50% Aqueous Solution i. Minimum Delivery: 250 gallons bulk ii. Estimated annual usage: N/A gallons iii. Special Delivery Requirements: Without exception, the delivery container shall be properly labeled and the label shall indicate the Mark of the certifying agency insuring that the product as delivered to the tank has an unbroken chain of custody and is certified to be in total compliance with ANSI/NSF Standard 60 for drinking water. Sodium Hydroxide shall be pumped into the bulk tanks with an electric pump; use of pressurized air to offload is not acceptable due to danger of overfilling and damage to the tanks iv. Description: Commercial Grade approved for use in potable water under Rule 555.325 F.A.C. and certified as being in compliance with AWWA Standard B501- 08. The 50% product shall have a SPG of 1.52 – 1.54. c. Anti-Scalant (AWC A-109) (Proprietary blend containing Organophosphonic Acids) i. Minimum Delivery: 275 gallons bulk ii. Estimated annual usage: 825 gallons mini-bulk iii. Special Delivery Requirements: Without exception, the delivery container shall be properly labeled and the label shall indicate the Mark of the certifying agency insuring that the product as delivered to the tank has an unbroken chain of custody and is certified to be in BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 28 total compliance with ANSI/NSF Standard 60 for drinking water. Anti-Scalant shall be pumped into the bulk tanks with an electric pump; use of pressurized air to offload is not acceptable due to danger of overfilling and damage to the tanks. iv. Description: Commercial Grade approved for use in potable water under Rule 555.325 F.A.C. and certified as being in compliance with AWWA Standard B501- 08. v. Physical Appearance: Product shall be Clear, colorless to light yellow liquid. With a characteristic odor. Anti-scalant is completely soluble in water, has a specific gravity of 1.2 ± 0.05 and a pH of 2.5 ± 0.05. d. LPC-9 Corrosion Inhibitor i. Minimum Delivery: 330 gallons ii. Estimated Annual Usage: 1000 gallons mini-bulk iii. Special Delivery Requirements: Without exception, the delivery containers shall be properly labeled and the label shall indicate the mark of the certifying agency ensuring that the product as delivered to the tank has an unbroken chain of custody and is certified to be in total compliance with ANSI/NSF Standard 60 for drinking 23 water. Product shall be pumped into the bulk tanks with an electric pump; use of pressurized air to offload is not acceptable due to danger of overfilling and damage to the tanks. iv. Description: Product must be certified by an accredited agency to meet all the requirements of ANSI/NSF standard 60 as delivered at the District’s facility and approved for use in potable water under rule 555.325 F.A.C. Must comply with AWWA standards 502-05 through 505-05 as applicable. v. Product shall be free of any inorganic or organic substances in quantities capable of producing deleterious or injurious effects on the health of those consuming the water that has been properly treated with the corrosion inhibitor. vi. Physical Properties: Liquid, clear in color. During manufacturing, the product shall be final filtered two times using a 1 micron filter and shall have no contamination by visual observation e. Citric Acid i. Minimum Delivery: 1 tote ii. Estimated annual usage: 200 gallons mini-bulk iii. Product must be delivered container used for storing chemical (totes) BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 29 iv. Physical Appearance: Citric acid is liquid with an acidic taste. The solid has density of 1.66 g/mL, melting point of 153 °C and boiling point of 175 °C. It is highly soluble in water to give an acidic, sour tasting solution. 5. Clean Tank Guarantee - At any time during the performance of this agreement if Dania Beach finds any sludge or other impurity buildup in any of its chemical tanks, the supplier shall clean out the tank at no charge to Dania Beach. Temporary chemical storage must be provided by the supplier to continuous operation. The cleanout should be done in such a matter so that it is done in accordance with applicable regulations on disposal of hazardous wastes. The supplier shall submit a procedure to Dania Beach for approval prior to this work being completed. The determination of whether there is any such sludge or impurity buildup in the tanks will be at the sole discretion of the City. When the tank has been properly cleaned, the supplier shall refill the tank with clean, fresh chemical at no additional cost. Failure of the supplier to clean out the tank and replace the chemical within seven (7) days after being served notice shall be cause for immediate termination of the supply agreement between The City of Dania Beach and the supplier. 6. Occupational Health and Safety a. Supplier Safety Requirements i. Supplier’s safety procedures must ensure that delivery personnel comply with all OSHA requirements, including personal protective equipment for Supplier delivery personnel. ii. Supplier delivery personnel must remain within a safe proximity while the transfer is in progress and continuously monitor for leaking hoses, connections, or other problems. It is the responsibility of Supplier delivery personnel to contain leaks and to report any and all spills. b. Safety Data Sheets i. In compliance with Chapter 442 Florida Statutes, any chemical delivered by the supplier, must be accompanied by a Safety Data Sheet (SDS). The SDS must be maintained by the user agency and include the following information. ii. The chemical name and the common name of the toxic substance iii. The hazards and other risks in the use of the toxic substance, including: o The potential for fire, explosion, corrosivity and reactivity. o The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substances, and the primary routes of entry and symptoms of overexposure. o The primary routes of entry and symptoms of overexposure. BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 30 o The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of, or exposure to, the toxic substances, including appropriate emergency treatment in the case of overexposure. o The emergency procedure for spills, fire, disposal and first aid. o A description, in lay terms, of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. o The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. o Any questions regarding this requirement shall be directed to: Department of Labor and Employment Security Bureau of Industrial Safety and Health Toxic Waste Information Center 2551 Executive Center, Circle West Tallahassee, Florida 32301-5014 Phone: 800/367-4378 c. Emergency Plan of Action and Safety Training i. Should a spill or leak occur, caused by supplier’s personnel, equipment or method of delivery, supplier shall immediately notify Dania Beach and comply with all applicable terms and conditions of the current version of Title III, Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C.S. 11001, et seq. (SARA) and the Florida Hazardous Material Emergency Response and Community Right to Know Act of 1988, chapter 252, Part II, Florida Statutes. The responsibility for compliance with Federal and State rules and regulations regarding Supplier caused by spills or releases shall be the sole responsibility of Supplier. The supplier shall have on hand a sufficient neutralizing agent to render physical assistance as needed to address any release for products supplied. The supplier shall render technical assistance to Emergency personnel as need in a hazmat situation. Notifications to the SWP and NRC shall be conducted by Dania Beach. The supplier shall indemnify and hold Dania Beach harmless for any failures to properly report and /or comply with this provision. In addition, supplier shall bear all expenses of spills. ii. As part of its Emergency Preparedness Planning and Spill Response Plan, supplier shall submit and provide a current and updated list of 24-hour access phone numbers of at minimum three people who are employed by, or are under contract to, provide assistance in emergency situations. The list shall include the names, positions, and are of specialty. It should include Chemists, Engineers, Certified Safety and Spill a response personnel, and General Management personnel with experience in dealing with chemical emergencies. The list shall include home, cell, and office phone numbers so that they can be reached to provide emergency support services on a 24/7 basis in the event of a spill, equipment failure or other emergency. BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 31 d. Safe Handling Training i. The supplier shall provide an appropriate safe handling training course for any chemical that it supplies within the first month of the contract, to all current Dania Beach operations personnel and shall be available to conduct “refresher” courses or new employee training at six (6) month intervals during the contract period. The supplier shall provide this assistance at no charge to Dania Beach. e. Technical Assistance i. The supplier shall provide technical assistance, as needed, regarding the application of its product and disposal and handling of residues and sludge’s produced by the application of its chemicals in the water treatment process. The supplier shall provide this assistance at no charge to Dania Beach. A. By submitting a bid, the Bidder acknowledges that he, she, or it is familiar with the scope of services prior to submitting a bid. Failure of a Bidder to be familiar with the requirements of the Project Work does not relieve the Contractor of the responsibility for completion of all required services for the Project. B. It shall also be the Bidder's responsibility to visit the proposed Project Site to become thoroughly familiar with the nature and extent of the Work to be performed and all local existing site conditions, and to make his or her own estimate of the facilities and difficulties attending the execution of the Work; no allowance shall be made by the Owner for the Bidder's failure to do so. C. Bids will be considered if submitted by qualified Contractors who or which have experience, including similar previous work in the provision of the requested services. Contractors offering full service will receive the highest consideration. D. Applicants should include the following items in the submitted Bid: 1. Letter of Transmittal; 2. Anticipated time line to begin delivery of services; 3. A breakdown of the costs for the delivery of services described above. 4. Résumés of key personnel who will actually be assigned to the Project Work and a description of the role of each person within the company. 5. NOTE: The City expects those personnel listed to be those who will be actually performing the Project Work. Substitutions (Contractors only) will be permitted only upon written approval of the City’s representative or designee who is in charge of the Project. 6. A list of five (5) similar projects performed in South Florida (see the BIDDER SUBMISSIONS) and it includes the following information: BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 32 a. Name of each entity for which the work was performed; b. Brief description of the scope of work; c. Amount of initial contract award; and d. Name of contact person and contact information with the entity who can knowledgeably discuss your company’s performance. 7. Indication that the Contractor can provide increased levels of service (additional hours) at the same cost per hour; and 8. Any other information that the Contractor feels is relevant to assist the City in evaluating Contractor’s qualifications. 9. The City intends to award an agreement to the lowest, responsive, responsible Bidder for the requested services specified in the ITB, taking into consideration experience, staffing, equipment, materials, references and past performance. The City reserves the right to reject any and all bids, to waive any informality in a bid and to make an award in the best interests of the City. In case of disputes in the award of the agreement, the decision of the City shall be final and binding on both parties. 10. If the Bidder to whom or to which an award is made fails to enter into an agreement, the award may be annulled and the agreement offered to the next most qualified Bidder or to the Bidder which offered the next lowest, responsive and responsible bid in the opinion of the City. THE CONTRACTOR AND ANY SUBCONTRACTOR(S) SHALL NOT COMMENCE WORK ON THE PROJECT UNTIL AN AGREEMENT HAS BEEN FULLY EXECUTED BY BOTH PARTIES. 4.2 Important Instructions for Electronic Submittals The City of Dania Beach is accepting electronic bid submissions. Bidders shall create a FREE account with OpenGov Procurement by signing up at https://procurement.opengov.com/signup. Once you have completed account registration, browse back to this page, click on "Draft Response", and follow the instructions to submit the electronic bid. BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 33 5. BID FORM Quantity shown below is only an estimate of the amount of each chemical to be delivered over a twelve (12) month time period. The City makes no guarantee of any minimum amount to be delivered to the plant during the contract time period. Line Item Description Quantity Unit of Measure Unit Cost Total 1 Clearflow PT 2536 Corrosion Inhibitor 1,200 Per Gallon 2 Sodium Hydroxide (50%) 250 Per Gallon 3 Anti-Scalant (AWC A-109) 825 Per Gallon 4 LPC-9 Corrosion Inhibitor 1,000 Per Gallon 5 Citric Acid 200 Per Gallon BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 34 6. BIDDER SUBMISSIONS 1 BIDDER QUALIFICATIONS Note: Information requested in the ITB and submitted by the Bidders will be analyzed by the City of Dania Beach and will be a factor considered in awarding any resulting contract. The purpose is to ensure that the successful Bidders in the sole opinion of the City of Dania Beach can sufficiently and efficiently perform all the required services in a timely and satisfactory manner as will be required by the subject contract. If there are any terms or conditions that are in conflict, the most stringent requirement shall apply. 1.1 Authorized representative contact information?* Please include the name, title, phone and email of the authorized representative *Response required 1.2 Entity type?* ☐ Corporation ☐ Partnership ☐ Individual ☐ Other (specify below) *Response required 1.3 If you selected other please specify: 1.4 If you selected corporation please enter date of incorporation and state in which incorporated: 1.5 If an out-of-state Corporation or entity, must be currently authorized to do business in Florida by the Office of the Florida Secretary of State ☐ Please confirm 1.6 Please include the name and title of Principal Officers and the date they were elected:* *Response required 1.7 How many years has your organization been in business?* Enter years *Response required 1.8 The length of time (continuous) in business in Florida:* Enter years *Response required 1.9 Please upload a copy of a county or municipal Business Tax Receipt* *Response required 1.10 Please upload the Resumes of key personnel who will be assigned to Project Work and a description of the role of each person within the company* *Response required 1.11 Have you ever failed to complete any work awarded to you?* ☐ Yes BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 35 ☐ No *Response required When equals "Yes" 1.11.1 If yes, please explain below* *Response required 1.12 Within the last five years, has any officer or partner of your organization ever been an officer or partner of another organization that failed to complete an Agreement?* ☐ Yes ☐ No *Response required When equals "Yes" 1.12.1 If yes, please explain below* *Response required 1.13 Within the last five years, have you ever had a performance, payment or bid bond called?* ☐ Yes ☐ No *Response required When equals "Yes" 1.13.1 If yes, please explain below* *Response required 1.14 Have you, any officer or partner of your organization, or the organization been involved in any litigation or arbitration against the City?* ☐ Yes ☐ No *Response required When equals "Yes" 1.14.1 If yes, please explain below* *Response required 1.15 Within the last five years, have you, any officer or partner of your organization, or the organization or parent company or its subsidiaries been involved in any litigation or arbitration against any other Florida public entity?* ☐ Yes ☐ No *Response required BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 36 When equals "Yes" 1.15.1 If yes, please explain below* *Response required 1.16 Within the last five years, have you, any officer or partner of your organization, or the organization or parent company or its subsidiaries been involved in any litigation or arbitration against any private entity for an amount greater than $100,000?* ☐ Yes ☐ No *Response required When equals "Yes" 1.16.1 If yes, please explain below* *Response required 1.17 Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent company been charged or indicted for any criminal activity within the last five years?* ☐ Yes ☐ No *Response required When equals "Yes" 1.17.1 If yes, please explain below* *Response required 1.18 Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent company been convicted or fined for any criminal activity within the last five years?* ☐ Yes ☐ No *Response required When equals "Yes" 1.18.1 If yes, please explain below* *Response required 1.19 Within the last five years, have you, any officer or partner of your organization, or the organization been investigated by any local, state, or federal law enforcement agency, criminal justice agency or inspector general office?* ☐ Yes ☐ No *Response required When equals "Yes" BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 37 1.19.1 If yes, please explain below* *Response required 1.20 Within the last five years, have you, any officer or partner of your organization, or the organization communicated with any local, state, or federal law enforcement agency, criminal justice agency or inspector general office relating to goods or services provided or performed for any governmental entity?* ☐ Yes ☐ No *Response required When equals "Yes" 1.20.1 If yes, please explain below* *Response required 1.21 Within the last five years, have there been any reports or audits relating to you, any officer or partner of your organization, or the organization issued by any local, state, or federal law enforcement agency, criminal justice agency or inspector general office.* ☐ Yes ☐ No *Response required When equals "Yes" 1.21.1 If yes, please explain below* *Response required 1.22 Within the last five years, have you, any officer or partner of your organization, or the organization failed to disclose or made misrepresentations to any governmental entity regarding conflicts of interest or potential or apparent conflicts of interest?* ☐ Yes ☐ No *Response required When equals "Yes" 1.22.1 If yes, please explain below* *Response required 2 Commercial/Government References Provide a list of at least five commercial or government references that the successful Bidder has supplied service/commodities meeting the requirements of the City of Dania Beach specifications, within the last five (5) years 2.1 Reference 1* Please include: BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 38 Project Title Address Owner & Owner's Telephone Number Contract Value Percent Complete and Completion Date *Response required 2.2 Reference 2* Please include: Project Title Address Owner & Owner's Telephone Number Contract Value Percent Complete and Completion Date *Response required 2.3 Reference 3* Please include: Project Title Address Owner & Owner's Telephone Number Contract Value Percent Complete and Completion Date *Response required 2.4 Reference 4* Please include: Project Title Address Owner & Owner's Telephone Number Contract Value Percent Complete and Completion Date *Response required BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 39 2.5 Reference 5* Please include: Project Title Address Owner & Owner's Telephone Number Contract Value Percent Complete and Completion Date *Response required 3 BIDDER'S QUESTIONNAIRE The undersigned guarantees the truth and accuracy of all statements and answers contained below: 3.1 List below all pertinent information and data that would indicate the ability of your organization and management personnel to perform satisfactorily.* *Response required 3.2 Have you personally completed a plan for performance of the work?* *Response required 3.3 Have you ever failed to complete work awarded to you?* ☐ Yes ☐ No *Response required When equals "Yes" 3.3.1 If so, when, where and why?* *Response required 3.4 What equipment do you own that is available for work? 3.5 Has your company ever been debarred or held in default in Broward, Miami-Dade, or Palm Beach Counties or elsewhere by any other governmental entity?* *Response required 3.6 How many employees (Contractors only) will be assigned to perform the services?* *Response required 3.7 How many supervisors will be assigned to perform the services?* *Response required 3.8 Will personnel be part of a regular crew assigned to perform the services? * ☐ Yes ☐ No *Response required BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 40 3.9 Will you be able to provide service for emergency situations? * ☐ Yes ☐ No *Response required When equals "Yes" 3.9.1 If so, how much notice is required?* *Response required 3.10 What equipment do you own that is available to complete the Project?* EVERY PIECE OF EQUIPMENT MUST HAVE ORIGINAL FACTORY GUARDS AND SHIELDS INSTALLED AND FUNCTIONING AT THE TIME OF WORK. *Response required 3.11 Please attach copies of any licenses, awards, certificates, etc., that you may have. 4 REQUIRED FORMS 4.1 Will you be utilizing Surety2000 Bid Bond verification?* Select no if uploading your bid bond ☐ Yes ☐ No *Response required When equals "Yes" 4.1.1. Surety2000 Bid Bond* Please enter your Bid Bond information from Surety2000 below. *Response required When equals "No" 4.1.2 Bid Security* Please download the below documents, complete, and upload. • BID_BOND.pdf *Response required 4.2 DRUG-FREE WORKPLACE CERTIFICATION* Whenever two (2) or more bids/Bids, which are equal with respect to price, quality, and service, are received by the CITY OF DANIA BEACH for the procurement of commodities or contractual services, a bid/Bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 41 A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. B. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. C. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number (1). D. In the statement specified in number (1), notify the employees that as a condition for working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction on or plea of guilty or no contest to any violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or any singular state, for a violation occurring in the workplace no later than five (5) days after such conviction. E. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by any employee who is so convicted. F. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Section 287.087, Florida Statutes. By confirming I certify that said Company has implemented a drug-free workplace program, which meets the requirements of Section 287.087, Florida Statutes, which are identified in letters (A) through (F) above. ☐ Please confirm *Response required 4.3 Affidavit of Compliance with Anti-Human Trafficking Laws* Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding. • Anti-Human_Trafficking_Exhi... *Response required 4.4 Sworn Statement Under 287.133 3A Florida Statutes Public Entity Crimes* Please download the below documents, complete, and upload. • Public_Entity_Crimes_Statem... *Response required 4.5 Non-Collusion Affidavit* Please download the below documents, complete, and upload. BULK CHEMICAL PURCHASES FOR WATER PLANT Invitation To Bid (“ITB”) No. 25-021 42 *Response required 4.6 Independence Affidavit* Please download the below documents, complete, and upload. City of Dania Beach Parks & Recreation Memorandum DATE: 10/28/2025 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Cassi Waren, Director of Parks & Recreation SUBJECT: Authorizing the award of RFP 25-023 for Frost Park Sports Court Conversion Project to Merrick Industrial Management Corporation in the amount of One Hundred Seventy-Six Thousand One Dollars ($176,001.00). Request: The Parks and Recreation Department is requesting the adoption of a resolution authorizing the award of RFP 25-023 for Frost Park Sports Court Conversion Project to Merrick Industrial Management Corporation in the amount of One Hundred Seventy-Six Thousand One Dollars ($176,001.00). Background: Pursuant to Resolution No. 2025-149, adopted on September 25.2025, the City Commission authorized the City Administration to begin contract negotiations with the top ranked firm, Merrick Industrial Management Corporation, related to RFP No. 25-023 entitled "Frost Park Sports Court Conversion Project". Administration has agreed to the services of Merrick Industrial Management Corporation in the amount of One Hundred Seventy-Six Thousand One Dollars ($176,001.00) minus Owner Direct Purchase tax savings. Budgetary Impact That funding is available within the Frost Park General Fund Infrastructure Improvements Account No. 001-72-05-572-63-10. Recommendation It is recommended that the City Commission adopt the resolution authorizing the award of RFP 25-023 for Frost Park Sports Court Conversion Project to Merrick Industrial Management Corporation in the amount of One Hundred Seventy-Six Thousand One Dollars ($176,001.00). 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 MERRICK INDUSTRIAL MANAGEMENT CORPORATION FOR REQUEST FOR PROPOSALS (“RFP”) NO. 25-023, ENTITLED “FROST PARK SPORTS COURT CONVERSION PROJECT”; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution No. 2025-149, adopted on September 25.2025, the City Commission authorized the City Administration to begin contract negotiations with the top ranked firm, Merrick Industrial Management Corporation, related to RFP No. 25-023 entitled "Frost Park Sports Court Conversion Project"; and WHEREAS, the City Administration recommends approval of the Agreement which is attached as "Exhibit A" and is made a part of and incorporated into this Resolution by this reference, in the amount of One Hundred Seventy-Six Thousand One Dollars ($176,001.00). 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 an Agreement with Merrick Industrial Management Corporation for Frost Park Sport Conversion Project in the amount of One Hundred Seventy-Six Thousand One Dollars ($176,001.00). Section 3. That funding is available within the Frost Park General Fund Infrastructure Improvements Account No. 001-72-05-572-63-10. Section 4. That Owner Direct Purchases well be made, whenever possible, for tax savings purposes. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. 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 1 AGREEMENT THIS IS AN AGREEMENT (“Agreement”) dated _________________, 2025, between the City of Dania Beach, Florida, a Florida municipal corporation (“City”), with its principal place of business located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and Merrick Industrial Management Corporation (“Contractor”) a Florida corporation with a mailing address of 7995 NW 110 Drive, Parkland, Florida 33076. In consideration of the mutual covenants, terms and conditions contained in this Agreement, and for other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree as follows: 1. Definitions. City. The City of Dania Beach, Florida. City Code. The City of Dania Beach Code of Ordinances. Force Majeure: Any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of such party including, but is not limited to fire, earthquakes, hurricanes, tornadoes, storms, lightning, epidemic, pandemic, war, riot, civil disturbance, sabotage, and governmental actions. Governmental Approvals: All governmental and quasi-governmental approvals from applicable city, county and other agencies and authorities required to develop the Property, including, but not limited to, development of regional impact approvals, site plan approvals, comprehensive land use plan approvals, plat approvals and recordation, public dedications, environmental approvals, zoning approvals, building permits and all other governmental approvals required in connection with the development of any Improvements at the Property (and the expiration of all appeal periods with respect thereto), modification or vacation of easements or both, and other matters pertaining to the Property. Governmental Authority. Any federal, state, county, municipal or other governmental department, entity, authority, commission board, bureau, court, agency, or any instrumentality of any of them now existing or hereafter created, having jurisdiction over the Property or any portion thereof. Governmental Requirement. Any law, enactment, statute, code, ordinance, rule, regulation, judgment, decree, writ, injunction, order, permit, certificate, license, authorization, agreement, or other direction or requirement of any Governmental Authority now existing or hereafter enacted, adopted, promulgated, entered, or issued. Contractor shall comply with all Governmental Requirements applicable to the operations and Property, including, without limitation, those prohibiting discrimination by reason of race, color, religion, sex, marital status, sexual orientation, gender identity, national origin, or handicap in the development, construction, management, Agreement, use, occupancy of the operation and Property or any portion thereof. 2 Work. The labor and materials required to complete the construction of the Improvements on the Property, and any related buildings or structures not located on the Property, in a good and workmanlike manner in accordance with the Plans and all applicable Governmental Requirements. 2. Scope of Services. The Contractor shall furnish all labor, materials, supervision, equipment, and incidentals required to complete the Frost Park Sports Court Conversion Project, located at 100 W Dania Beach Blvd., Dania Beach, Florida 33004, in accordance with RFP No. 25-023 and Contractor’s submitted proposal, both of which are incorporated herein by reference as Exhibit “A”. The Work includes resurfacing of two (2) tennis courts, conversion of one (1) tennis court into six (6) pickleball courts, resurfacing of one (1) full-size basketball court, and installation of fencing, pathways, and related site improvements. 3. Subcontracts. Contractors shall only designate employees who are sufficiently skilled to provide the required services specified in this Agreement. Any person employed to provide the services who fails, refuses or neglects to obey the instructions of the City's representative in anything relating to these services, or who appears to be disorderly, insubordinate, or incompetent shall upon the order of City's representative, be immediately relieved by the Contractor from the Project Work. Any interference with, or any abusive or threatening conduct toward any City representative, its assistants or inspectors by the Contractor, its employees or agents, or any member of the public shall be grounds for the City to terminate the agreement and re-let the work. The Contractor shall furnish all labor, materials, supplies and equipment necessary to properly maintain all Project Work areas in an acceptable and safe condition. 4. Contractor agrees that it and its officers shall be held fully responsible, except as otherwise prohibited by law, for all acts of their employees while in their employ. 4.1 Code Related Inspections. The Contractor recognizes that the City of Dania Beach, Development Services Department, is a department within the City of Dania Beach, separate and apart from the City of Dania Beach’s Engineering Department, that is charged with the inspection of improvements to real property for code compliance. If it is ultimately determined by the Architect and City that such delay was not the result of Contractor's failure to comply with the Agreement Documents, the Contractor may be entitled to make a claim for extension of Agreement Time in accordance with the terms of the Agreement. 4.2 Cooperation With Others. City and other contractors may be working at the site during the performance of this Agreement. Contractor shall fully cooperate with the City, City's designated Representative, and other separate contractors City may require that certain facilities be used concurrently by Contractor and other parties, and Contractor. The City shall provide for coordination of the activities of the City's own forces, and of each separate contractor, with the Work of the Contractor, who shall cooperate and participate with other separate contractors and the City in reviewing their construction schedules. 3 4.3 The below listed documents are to be used by the Contractor and City during the administration of this Agreement. Contractor shall maintain logs for Items A-K and provide to City monthly. A. Request for Information B. Field Instruction C. Field Bulletin D. Construction Change Proposal E. Change Order F. Construction Change Directive G. Submittal Transmittal H. Deficiency Report I. Non-Conformance Report J. Contractor's Daily Report K. Substitution Report 4.4 Coordination And Correlation Of Drawings And Specifications. Contractor shall not be liable to the City for damages or costs resulting from errors, omissions, or inconsistencies in the Agreement Documents, or for differences between field conditions and the Agreement Documents, unless the Contractor recognized the issue and knowingly failed to report it to the City. Contractor shall have the right to rely on the completeness and accuracy of information, and other Agreement Documents provided by the City or Design Consultants. 4.5 Agreement Interpretation. All claims of Contractor, and all questions the Contractor may have relating to interpretation or clarification of this Agreement, or its acceptable fulfillment shall be submitted immediately, in writing, to City for resolution. City, or its representatives, will render its determination concerning such resolution within an appropriate period, not to exceed five (5) calendar days, unless additional time is needed due to the novelty or complexity of the interpretation or clarification requested, which determination shall be considered final and conclusive unless Contractor files a timely written protest pursuant, as a Dispute. The Contractor's written protest shall state clearly and in detail the basis thereof, and the relief it seeks, if any. City will consider Contractor's protest and render its decision thereon within five (5) calendar days If Contractor does not agree with the City's decision, the Contractor shall immediately deliver written notice to that effect to the City. If questions of interpretation are not responded to by the Architect or City within the time frame above, and in a manner so as not to impede the natural progress of the Work as scheduled, and such delay impacts the critical path of the Work, Contractor shall be entitled to adjustment in the performance time as its exclusive remedy. Contractor is solely responsible for requesting instructions or interpretations and is solely liable for any cost and/or expenses arising from its failure to do so. Contractor's failure to protest City's determinations, instructions, clarifications or decisions within five (5) calendar days after receipt thereof shall constitute a waiver by Contractor of all its rights to further protest, judicially or otherwise. 5. Date Of Commencement And Substantial Completion 5.1 The Date of Commencement is the date from which the Contract Time is measured and shall be the later of (a) the issuance of all permits required for the Work and (b) the date set forth 4 in the Notice to Proceed. Should the Contractor incur costs prior to the issuance of the NOTICE TO PROCEED, any such costs shall be incurred at the Contractor’s risk. Notwithstanding the foregoing, City may reimburse Contractor for actual costs incurred relating to performance and payment bonds and insurance, with submittal of invoices, in the event that City terminates this Contract for convenience, as provided in the General Conditions. If Contractor fails to commence the Work within one (1) week of the date set forth in the DATE OF COMMENCEMENT, City may terminate the Contract. 5.2 The Contractor shall achieve Substantial Completion not later than one hundred fifty (150) calendar days, and Final Completion of the entire Work not later than one hundred eighty (180) calendar days, each commencing on the Date of Commencement defined in §5.1, and shall be the later of (a) the issuance of all permits required for the Work and (b) the date set forth in the Notice to Proceed, subject to adjustments of this Contract Time as provided in the Contract Documents. 6. Contract Amount The total contract amount shall be One Hundred Seventy-Six Thousand One Dollars ($176,001.00), inclusive of labor, materials, and overhead, but exclusive of Owner Direct Purchases, which may be executed by the City for tax savings purposes. 7. Payment Terms 7.1 Payment shall be made in accordance with Chapter 218, Florida Statutes (“Local Government Prompt Payment Act”), upon receipt and approval of invoices, in the following schedule: • 40% upon project commencement and asphalt placement • 30% upon completion of surfacing work; (patching + resurfacer coat). • 20% upon final painting and striping; • 10% upon final acceptance by the City. All payments are contingent on City inspection and approval of completed milestones. 7.2 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. Exhibits Incorporated The following documents are attached and made part of this Agreement: • Exhibit A – Contractor’s Response to RFP No. 25-023 (Scope of Work and Pricing) • Exhibit B – Bid Proposal by Custom Pickleball Courts, LLC (subcontractor proposal) • Exhibit C – Performance and Payment Bonds • Exhibit D – Insurance Certificates and Endorsements 8.1 Contractor shall submit its invoices in the format and with supporting documentation as may be required by City. 5 9. Billing Procedure. 9.1 The preferred method for invoices is to send via email to ap@daniabeachfl.gov. A copy may also be mailed to City Hall. City of Dania Beach Finance Department Attn: Accounts Payable 100 West Dania Beach Boulevard Dania Beach, Florida 33004 with a copy to: City of Dania Beach Parks and Recreation Department Attn: Fernando Rodriguez, Director 901 NE 3rd Street Dania Beach, Florida 33004 9.2 The City will pay to the Contractor for the faithful performance of the Agreement, in lawful money of the United States, and subject to adjustments as provided in the Agreement Documents, the amounts equal to the sum of the unit, lump sum price or both established for each separately identified work item, times the estimated quantity of that item, as indicated in the Schedule of Prices. 9.2.1 Taxes: The City is exempt from any taxes related to the requested services, which may otherwise be imposed by the state or federal government. This exemption does not transmit to suppliers in their purchases of goods or services, used in work or goods supplied to the City. The Contractor shall pay all applicable sales, consumer, use and other similar taxes required by law. The Contractor is responsible for reviewing the pertinent state statutes involving the sales tax and complying with all requirements. 10. Final Payment. Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be made by the City to the Contractor when: (A) the Agreement has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work, if any, which obligation survives final payment and continues thereafter; (B) a final Certification of Payment has been issued by the City; such final payment shall be made by the City not more than thirty (30) days after the issuance of the Contractor's final Certification of Payment; (C) final Certification of Payment has been furnished from the Contractor, Suppliers and Subcontractors; and (D) a Consent of Surety, if any, for final payment. 11. Payment and Performance Bond. The Contractor agrees that before commencing any work or construction the Contractor shall maintain, at all times, a valid payment and performance bond, consistent with the requirements contained in the ITB. 6 12. Protection Of Property. The Contractor shall at all times guard against damage or loss to City property or property of other persons, vendors or Contractors. The Contractor will be required to report any such damages immediately to the City’s representative in charge of the Project. The City reserves the right to repair any damages created by the Contractor and to deduct the appropriate amount from any payment due to the Contractor. 13. Florida Trench Safety Act. The Contractor shall include with its Bid, when applicable, all documentation required by the Florida "Trench Safety Act", Section 553.63, Florida Statutes. The unit prices and total prices presented in the Bid, and those presented in any subsequent change orders shall include the Contractor's cost for compliance with the applicable trench safety standards. 14. Trash. Contractor shall be responsible for the daily removal of trash and debris from the Project work sites and upon completion of the Project Work. 15. Public Bid Disclosure Act. In accordance with the Public Bid Disclosure Act, Section 218.80, Florida Statutes, each license, permit, or fee a Contractor will have to pay the City before or during the work, items or services to be provided or the percentage method or unit method of all licenses, permits, and fees required by the City and payable to the City by virtue of the work, items, or services as part of the agreement are as follows: (A) Contractor shall have and maintain during the term of the agreement any and all appropriate City licenses, fees (and business tax receipts, if applicable), which shall be paid in full in accordance with the City's fee structure for such items. THERE WILL NOT BE ANY PERCENTAGE REDUCTION OR WAIVING OF CITY LICENSES, FEES (OR BUSINESS TAX RECEIPTS, IF APPLICABLE). (B) During the performance of the agreement, there may be times when the Contractor will be required to obtain a permit for such work, or in connection with the items or services. It is the responsibility of the Contractor to ensure that it has the appropriate permits as may become necessary during the performance of the work. (C) Licenses, permits, and fees may be required by Broward County, the state of Florida or the federal government. (D) City will reimburse permit fee costs related to dewatering and National Pollutant Discharge Elimination System (NPDES). 16. Safety. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project Work. The Contractor shall comply with the rules and regulations of the Florida Department of Commerce regarding industrial safety (Florida Statutes, Section 440.56) and with the standards set forth in the federal Occupational Safety and Health Act of 1970 (OSHA), and its amendments. Contractor, by submitting a bid, certifies that all materials and equipment to be supplied for the Project will meet all federal and state requirements, including but not limited to, the Occupational Safety and Health 7 Act (OSHA). 17. Warranty. The Contractor shall warrant to the City that materials and equipment furnished under the agreement will be of good quality and new unless otherwise required or permitted by the Agreement Documents; that the Work will be free from defects, and that the Work will conform to the terms and conditions of the agreement. Work not conforming to those terms and conditions, including substitutions not properly approved and authorized may be considered defective. Contractor shall warrant all work, materials, and equipment for a period of one (1) year from the date of final acceptance by the City. The Contractor's warranty may exclude damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient City maintenance, improper operation, or normal wear and tear under normal usage. The Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. All manufacturers’ product warranties shall be registered in the City’s name and for its sole benefit. 18. LEFT BLANK 19. Construction Quality. Contractor agrees to perform all work (“Work”) required to complete the construction of the Improvements on the Property in a good and workmanlike manner. 19.1 Standards of Construction. Any and all construction of Improvements shall be performed in such a manner as to provide that the Improvements shall: (i) Substantially comply with the Permitted Plans; (ii) Comply with the terms and provisions of this Agreement; and (iii) Comply with all applicable laws, ordinances, rules, regulations and procedures of all applicable Governmental Authorities. 19.2 Comply with Applicable Law. All Improvements constructed or installed by the Contractor, its agents, or contractors, shall conform to all applicable state, federal, county, and local statutes, ordinances, building codes, fire codes, and rules and regulations, as amended. 19.3 Contractor’s Obligations During Construction. Prior to the Completion Date, Contractor shall: (A) Provide scaffolding, hoists, equipment, tools and materials and other requirements for the performance of the Work; (B) Maintain the Property in a clean and orderly condition, at all times, taking into consideration the public beachfront nature of the Project, and remove all paper, cartons and other debris from the Property; (C) Preserve all properties adjacent to or leading to the Property, and restore and repair any such properties damaged as a result of construction of the Work, whether such properties are publicly or privately owned; (D) Implement and maintain at all times a comprehensive hurricane and flood plan for the Property and the Work, and provide a copy of same to the City, if requested; 8 (E) As Builts. Within one hundred twenty (120) days after the date a CO is issued for Improvements constructed by Contractor during the term of this Agreement. The "as built" plans submitted by Contractor must show the square footage of each Improvement depicted in such plans. (F) Use diligent effort to complete the Work in a commercially reasonable time under the circumstances and in accordance with this Agreement. At all times make diligent effort to have proper supervision of the general contractor or other employees or agents of the Contractor upon the Property site. (i) Employees Of The Contractor. Contractors shall only designate employees who are sufficiently skilled to provide the required services specified in the ITB. Any person employed to provide the services who fails, refuses or neglects to obey the instructions of the City's representative in anything relating to these services, or who appears to be disorderly, insubordinate, or incompetent shall upon the order of City's representative, be immediately relieved by the Contractor from the Project Work. Any interference with, or any abusive or threatening conduct toward any City representative, its assistants or inspectors by the Contractor, its employees or agents, or any member of the public shall be grounds for the City to terminate the agreement and re-let the work. The Contractor shall furnish all labor, materials, supplies and equipment necessary to properly maintain all Project Work areas in an acceptable and safe condition. Contractor agrees that it and its officers shall be held fully responsible, except as otherwise prohibited by law, for all acts of their employees while in their employ. (G) Contractor Progress Reports. At the request of City, Contractor will deliver written reports of the progress of construction to the City Manager or his or her designee. (H) City’s Representative. The City may designate one or more employees or agents to be the City’s Representative for the Project so that he or she may, subject to site conditions and during normal business hours, visit and the Property. (I) Certificates of Final Completion. After Contractor completes the Work, the City will deliver to Contractor, a recordable Certificate of Final Completion certifying that, to the best of the City’s knowledge, Contractor has satisfied all its obligations to the City for the construction of the specified Improvements. 19.4 Site Conditions Contractor has the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, staging, parking, disposal, handling and storage of materials; availability, quantity and quality of labor, water and electric power; availability and condition of roads; climatic conditions, location of underground utilities as depicted on Agreement documents, and through verification with local utility companies and the City, physical conditions of existing construction, topography and ground surface conditions; subsurface geology, and nature and quantity of surface and subsurface materials to be encountered; the nature of the ground water conditions; equipment and facilities needed preliminary to and during performance of the Agreement; and all other matters which 9 would be reasonably known to a licensed general contractor with expertise in streetscape and related infrastructure construction as in any way affecting performance of the Agreement, or the cost associated with such performance. The failure of Contractor to acquaint itself with any applicable condition will not relieve it from the responsibility for properly estimating either the difficulties or the costs of successfully and timely performing the Agreement. 19.5 The City shall not be responsible for any conclusions or interpretations made by the Contractor based on the information made available by the City. The City shall not be responsible for any understanding reached or representation made concerning conditions which can affect the Work by any of Contractor's officers, employees, agents, subcontractors, material men, or suppliers before execution of this Agreement, unless that understanding, or representation is expressly stated in this Agreement. 19.6 The provisions of this Section 19 shall be deemed a complete waiver by the Contractor of claims for equitable adjustment in Agreement Time or Price. 19.7 Upon receipt of written notice from City of any defect in workmanship, the Contractor shall, within seven (7) days, begin to take necessary steps to correct the defective work. This includes the removal, replacement, or repair of the non-conforming work and any other work damaged by the defect. All costs associated with correcting defective work, including all labor, materials, and disposal, shall be borne solely by the Contractor. 19.8 Contractor and its Surety shall be liable for the satisfaction and full performance of the warranties as set forth herein, and any damage to other parts of the Work caused by the Contractor's failure to perform pursuant to this section 19. Contractor shall complete the repairs in an expeditious manner befitting the nature of the deficiency. The Contractor shall immediately pay the expenses incurred by the City for remedying the defects. If the City is not paid within ten (10) calendar days, the City may pursue any and all legal remedies it may have against the Contractor and its Surety. 19.9 Preconstruction Conference. As soon as possible after execution of this Agreement, and prior to commencing any Work, a pre-construction conference will be coordinated by the Contractor and the City. In attendance at said conference will be City, Architect, and any of their representatives as may be deemed advisable. The purpose of said conference is to determine procedures related to the smooth progress of the Project, review of any items requiring clarification, maintenance of traffic, merchant and pedestrian accessibility, related safety issues, and procedures for the processing and distribution of all documents and correspondence related to the Agreement, among other things. 19.10 Meetings. The Contractor shall, at its expense, as requested by City, attend any and all meetings called by City to discuss the Work under the Agreement. Such meetings shall be conducted and recorded by the City with typed minutes of each meeting distributed to all attendees. 10 19.11 Responsibility For Work Security Contractor shall conduct all operations under the Agreement in a manner to avoid the risk of loss, theft or damage by vandalism, sabotage or other means. Contractor shall promptly take all reasonable precautions which are necessary and adequate against any conditions which involve a risk of loss, theft or damage to its property. Contractor shall inspect all its Work, materials, equipment and facilities to discover and determine any such conditions. Contractor shall prepare and maintain accurate reports of incidents of loss, theft or vandalism and shall furnish these reports to City within three days of each incident. 19.12 Protection Of Work In Progress, Materials And Equipment Contractor shall be responsible for Work in progress until completion and final acceptance of Work under this Agreement. Excluded from Contractor's responsibility is any loss or damage which results from acts or omissions of the City or its representatives or other contractors. Permanent openings or thoroughfares for the introduction of work and materials to the structure and construction site shall be protected so that upon completion, the entire Work will be delivered to the City in proper, whole and unblemished condition. 19.13 Protection Of Existing Property Contractor shall preserve and protect all cultivated and planted areas and vegetation such as trees, plants, shrubs and grass on or adjacent to the Project, which, as determined by City, do not reasonably interfere with the performance of this Agreement. Contractor shall be responsible for damage to any such areas and vegetation and for unauthorized cutting of trees and vegetation, including, without limitation, damage arising from the performance of its work through operation of equipment or stockpiling of materials. All cost in connection with any repairs or restoration necessary or required by reason of any such damage or unauthorized cutting shall be borne by Contractor. 19.14 Labor. Contractor shall employ only competent and skilled personnel to perform the Work. Contractor shall, if requested to do so by City, remove from the jobsite any personnel of Contractor whom City determines unfit or acting or working in violation of any provision of this Agreement. Work assignments and the settlement of jurisdictional disputes shall conform with either the Rules, Regulations and Procedures of the Plan for Settlement of Jurisdictional Disputes in the Construction Industry, and any successor agreement thereto, or any other mutually established method of determining work assignments and settling jurisdictional disputes. Contractor shall comply with and shall cooperate with City in enforcing jobsite conditions and job work rules which directly affect the performance of the Work including, but not limited to, starting and quitting time, smoking regulations, check-in and check- out procedures, job site safety regulations and security regulations, emergency plans and procedures, and daily clean-up. The Contractor and subcontractors shall be bound by and comply with all Federal, State and local laws with regard to minimum wages, overtime work, hiring, and discrimination. All work necessary to be performed after regular working hours, on Saturdays, legal and City holidays, shall be performed without additional expense to the City. The Contractor shall comply with the Copeland Anti-Kick Back Act (19 U.S.C. 874) as supplemented in the Department of Labor Regulations (29 CFR Part 3). This act provides that each Contractor or subcontractor shall be prohibited from inducing by any means, any person employed in the construction, completion or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 11 19.15 Equal Employment Opportunity During the performance of this Agreement, the Contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, or national origin. The Contractor will take affirmative action to ensure that applicants and employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth provisions of this nondiscrimination clause. (b) The Contractor will, in all solicitations or advertisements for employees placed for, by, or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, or national origin. (c) The Contractor will send to each labor union or representatives of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City, advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the City and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of such rules, regulations, or orders, this Agreement may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Contractor will include the provisions of paragraphs A through F in every subcontract or purchase unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontractor or purchase order as may be directed to the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, 12 the Contractor may request the United States to enter into such litigation to protect the interest of the United States. (h) All regulations, guidelines, and standards lawfully adopted under the governing statutes. 19.16 Safety & Protection Of Persons & Property 19.16.1 Responsibility For Safety And Health. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work to be performed under the terms of the Agreement ("Work"). The Contractor shall take all precautions and follow all procedures for the safety of, and shall provide all protection to prevent injury to, all persons involved in any way in the Work and all other persons, including, without limitation, the employees, agents, guests, visitors, invitees and licensees of the City and Users who may be affected thereby. The Contractor shall set forth in writing its safety precautions and programs in connection with the Work and submit the same to the City. The City may, but shall not be obligated to, make suggestions and recommendations to the Contractor with respect thereto. 19.16.2 All Work, whether performed by the Contractor, its Sub- Contractors or Sub- subcontractors, or anyone directly or indirectly employed by any of them, and all equipment, appliance, machinery, materials, tools and like items incorporated or used in the Work, shall be in compliance with, and conform to: (a) all applicable laws, ordinances, rules, regulations and orders of any public, quasi- public or other authority relating to the safety of persons and their protection against injury, specifically including, but in no event limited to, the Federal Occupational Safety and Health Act of 1970, as amended and all State, Local, City and County rules and regulations now or hereafter in effect; and (b) all codes, rules, regulations and requirements of the City and its insurance carriers relating thereto. In the event of conflicting requirements, the more stringent shall govern. 19.16.3 Should the Contractor fail to provide a safe area for the performance of the Work or any portion thereof, the City shall have the right, but not the obligation, to suspend Work in the unsafe area. All costs of any nature resulting from the suspension, by whomsoever incurred, shall be borne by the Contractor. 19.16.4 The Contractor shall provide, or cause to be provided, to each worker on the Job Site the proper safety equipment for the duties being performed by that worker and will not permit any worker on the Job Site who fails or refuses to use the same. The City shall have the right, but not the obligation, to order the Contractor to send a worker home for the day or to discharge a worker for his or her failure to comply with safe practices, with which order the Contractor shall promptly comply. 13 19.16.5 The Contractor shall defend, indemnify and hold the City, the City's Representative and their respective officers, directors, agents, employees and assigns, harmless from and against any and all liability, public or private, penalties, contractual or otherwise, losses, damages, costs, reasonable attorneys' fees, expenses, causes of action, claims or judgments to the extent resulting from any failure of the Contractor, its subcontractors or sub-subcontractors or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, to comply with the provisions of this General Condition 19.16.6 In any and all claims against those indemnified hereunder by any employee of the Contractor, any subcontractor or sub-subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Paragraph shall not be limited in any way to any limit(s) on the amount or type of damage, compensation or benefits payable by or for the Contractor or any subcontractor or sub- subcontractor under any workers' compensation acts, disability benefit acts or other employee benefit acts. 19.17 Protection Of Work And Property; Responsibility For Loss. The Contractor shall, throughout the performance of the Agreement, maintain adequate and continuous protection of all completed Work and temporary facilities against loss or damage from whatever cause, shall protect the property of the City and third parties from loss or damage from whatever cause arising out of the performance of the Agreement and shall comply with the requirements of the City and its insurance carriers and with all applicable laws, codes, rules and regulations with respect to the prevention of loss or damage to the property. The City, their representatives or insurance carriers may, but shall not be required to, make periodic patrols of the Job Site as a part of its normal safety, loss control and security programs. In such event, however, the Contractor shall not be relieved of its aforesaid responsibilities and the City shall not assume, nor shall it be deemed to have assumed, any responsibility otherwise imposed upon the Contractor by this Agreement. Until final acceptance of the Work by the City the Contractor shall have full and complete charge and care of and, except as otherwise provided in this subparagraph or elsewhere in this Agreement, shall bear all risk of loss of, and injury or damage to, the Work or any portion thereof from any cause within Contractor’s reasonable control, except to the extent caused by City, its representatives, or contractors, or caused by natural disaster, criminal activity, flood, fire, or that is covered by any property or builder’s risk insurance carried by the City. 19.18 Emergencies. In any emergency affecting the safety of persons or property, or in the event of a claimed violation of any federal or state safety or health law or regulation, arising out of or in any way connected with the Work or its performance, the Contractor shall act immediately to prevent threatened damage, injury or loss to remedy said violation, whichever is applicable. Failure by Contractor to take necessary emergency action shall entitle the City to take whatever action it deems reasonably necessary, including, but not limited to, suspending the Work. The City may offset any and all costs or expenses of whatever nature, including reasonable attorneys' fees, paid or incurred by the City in taking such emergency action against any sums then or thereafter due to the Contractor. The Contractor shall defend, indemnify and hold the City harmless against any and all costs or expenses pursuant to this Section, by whomsoever incurred. 14 19.19 City's Standards. The City reserves the right, but assumes no duty, to establish and enforce standards, and to change the same from time to time, for the protection of persons and property, with which the Contractor shall comply, and to review the efficacy of all protective measures taken by the Contractor. The exercise of or failure to exercise any or all of these rights by the City shall not relieve the Contractor of its duties and responsibilities under this Agreement, and the City shall not thereby assume, nor be deemed to have assumed, any such duties or responsibilities of the Contractor. 19.20 Progress. Contractor shall give City full information in advance as to its plans for performing each part of the Work. If at any time during the progress of work, Contractor's actual progress is inadequate to meet the requirements of the Agreement, City may so notify Contractor who shall thereupon take such steps as may be necessary to improve its progress. If within a reasonable period as determined by City, Contractor does not improve performance to meet the currently approved Agreement construction schedule, City may require an increase in Contractor's labor force, the number of shifts, overtime operations, additional days of work per week and an increase in the amount of construction plant; all without additional cost to City. Neither such notice by City nor City's failure to issue such notice shall relieve Contractor of its obligation to achieve the quality of work and rate of progress required by the Agreement. Failure of Contractor to comply with the reasonable instructions of City may be grounds for determination by City that Contractor is not prosecuting its work with such diligence as will assure completion within times specified. Upon such determination, City may terminate Contractor's right to proceed with the performance of the Agreement, or any separable part thereof, in accordance with the applicable provisions of this Agreement. 19.21 Changes City may, at any time, without invalidating the Agreement and without notice to the Surety(ies), make changes in the Work by issuing Change Orders, as well as Contingency Fund Change Orders addressed elsewhere in the Agreement Documents. City will issue written orders to Contractor for any changes, except that in the event of an emergency which City determines immediately endangers life or property, City may issue oral orders to Contractor for any work required by reason of such emergency. Such orders will be confirmed in writing as soon as practicable. Such orders, whether written or oral, may be accompanied by drawings and data as are necessary to show the extent of such ordered work. Contractor shall commence such changed work so that all dates set forth in Contractor's current construction schedule, as accepted by City, will be met. In the event of an emergency which City determines immediately endangers life or property, Contractor shall immediately commence such changes as required by City in order to mitigate or remove the emergency condition. Failure to commence any such change in timely fashion shall entitle City to invoke the provisions of “Termination for Cause”. Unless otherwise required, Contractor shall, within twenty-one (21) calendar days following receipt of a written Change request from City, submit in writing to City a Agreement Change Proposal for accomplishing such change, which proposal shall reflect the increase or decrease, if any, in cost to City of performing the change under the Agreement in comparison to what the cost would have been, had such change not been offered. 15 20. Liquidated Damages Liquidated Damages will be assessed. The parties have agreed that since they are unable to ascertain the amount of damages which would be suffered by City as a result of Contractor’s failure to timely complete all Work required by the date set forth above. Therefore, failure to timely complete the work shall result in the awarded Bidder being subject to liquidated damages, but not as penalty, in the amount of $500.00 per calendar day, as set forth in 23 CFR 635.127, for each and every calendar day the work remains incomplete, or the items remain undelivered. This payment is considered to be City’s liquidated damages, and it is not a penalty. It shall be assessed against the Contractor until substantial and final completion, respectively, are achieved. 21. Staging of Material in Right-Of- Way: 21.1 Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Staging area shall be fenced and screened from public sight. Contractor shall not store material such as pipes, drainage structures and equipment within a right of way without prior approval by the City. Material shall be properly secured and screened neatly and will not remain on right of way for more than a week. All equipment must be stored in a designated staging area. 21.2 Contractor shall remove all excess material and shall clean up and restore the site to its original condition or better. All damage, as a result of work under this Agreement, done to existing structures, pavement, driveways, paved areas, curbs and gutters, sidewalks, shrubbery, grass, trees, fences, walls, utility poles, utility pipe lines, conduits, drains, catch basins, flagstones, rocked graveled or stabilized areas or driveways, and including all obstructions not specifically named in this provision, shall be repaired, or replaced, as determined by the Engineer. Site restoration shall be done in a timely manner as the work progresses. Site restoration work shall be completed on private property within 30 days after being disturbed. 21.3 The Date of Commencement is the date from which the Contract Time is measured and shall be the later of (a) the issuance of all permits required for the Work and (b) the date set forth in the Notice to Proceed. Should the Contractor incur costs prior to the issuance of the Notice to Proceed, any such costs shall be incurred at the Contractor’s risk. Notwithstanding the foregoing, City may reimburse Contractor for actual costs incurred relating to performance and payment bonds and insurance, with submittal of invoices, in the event that City terminates this Agreement for convenience, as provided in the General Conditions. If Contractor fails to commence the Work within one (1) week of the date set forth in the Notice to Proceed, City may terminate the Agreement. 22. Indemnification of City. 22.1 The Contractor shall, in addition to any other obligation, indemnify the City and to the fullest extent permitted by law, protect, defend and hold harmless the City, including its agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), or costs arising out of any actual or alleged: (A) bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting from such property, or any other damage or loss arising out of or resulting or claimed to have resulted in whole or in part from any 16 actual or alleged act or omission of the Contractor or its Subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the work; (B) any violation of law, statute, ordinance, governmental administrative order, rule, regulation, or infringement of patent, copyright or trademark rights by Contractor or its Subcontractors in the performance of the work; (C) liens and claims made by the Contractor or its Subcontractors; and 22.2 Indemnification for Construction Contracts. In the event that the performance of services under the Agreement is deemed to be a “construction Agreement” pursuant to §725.06, Florida Statutes, as it may be amended from time to time, the following indemnification shall apply: To the fullest extent permitted by Chapter 725, Florida Statutes, as it may be amended, the Contractor agrees to indemnify and hold harmless the City, its officers, employees, and assigns from liabilities, damages, losses, and costs including, but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentionally wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of the provisions in the Agreement Documents. 23. Environmental Matters. 23.1 Defined Terms for Purposes of this Section. Environmental Condition means any set of physical circumstances in, on, under, or affecting the Property that may constitute a threat to or endangerment of health, safety, property, or the environment, including but not limited to: (A) The presence of any hazardous Substance, except in such quantities and concentrations as are routinely found in nature or in products used in ordinary business or commercial activities; (B) Any underground storage tanks, as defined in Subtitle I of the Hazardous and Solid Waste Amendments of 1984, 42 U.S.C. 6991 et. seq., or the regulations thereunder, for the storage of hazardous wastes, oil, petroleum products, or their byproducts; (C) Any PCB, asbestos or any other substances specifically regulated under the Toxic Substances Control Act, 15 U.S.C. 2601 or regulations issued thereunder; andAny open dump or system of refuse disposal for public use without a permit, as prohibited by 42 U.S.C. 6945 and/or Florida law equivalent, or the regulations issued thereunder. Environmental Laws means the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et. seq., the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et. seq.; the Toxic Substances Control Act, 15 U.S.C. 2601 et. seq.; the Clean Water Act, 33 U.S.C. 1251 et seq.; the Clean Air Act, 42 U.S.C. 7401 et. seq.; the Oil Pollution Act, 33 U.S.C. 17 2701 et. seq., the Hazardous Materials Transportation Act, 49 U.S.C. 1801 et. seq.; the Refuse Act of 1989, 33 U.S.C. 407; the Occupational Safety and Health Act, 29 U.S.C. 651 et. seq., as such laws have been amended or supplemented from time to time, the regulations promulgated under these laws; and any analogous Governmental Requirements. Environmental Requirements means all present and future Governmental Requirements, including without limitation, the Environmental Laws, authorizations, judgments, decrees, concessions, grants, orders, agreements or other restrictions or requirements relating to any Environmental Conditions or any Hazardous Substances on the Property. Hazardous Substance means any substances or materials identified to be toxic or hazardous according to any of the Environmental Laws, including without limitation, any asbestos, PCB, radioactive substances, methane, volatile hydrocarbons, acids, pesticides, paints, petroleum based products, lead, cyanide, DDT, printing inks, industrial solvents or any other material or substance that has in the past or could presently or at any time in the future cause or constitute a health, safety or other environmental hazard to any person or property. The term Hazardous Substances includes hazardous wastes, hazardous substances, extremely hazardous substances, hazardous materials, toxic substances, toxic chemicals, oil, petroleum products and their by-products, and pollutants or contaminants as those terms are defined in the Environmental Laws. Environmental Permit means any Governmental Approval required under any Environmental Law in connection with the ownership, use or operation of the Property for the storage, treatment, generation, transportation, processing, handling, production or disposal of Hazardous Substances, or the sale, transfer or conveyance of the Property, and all supporting documentation thereof. Environmental Claim means any accusation, allegation, notice of violation, claim, demand, abatement or other order or direction (conditional or otherwise) by any Governmental Authority or any person for personal injury (including without limitation, sickness, disease, or death), tangible or intangible property damage, damage to the environment, nuisance, pollution, contamination or other adverse effects on the environment, or for fines, penalties, or restrictions, resulting from or based upon: (A) The existence or release, or continuation of any existence of a release (including without limitation, sudden or non-sudden, accidental or non-accidental leaks or spills) of, or exposure to, any substance, chemical, material, pollutant, contaminant, or audible noise or other release or emission in, into or onto the environment (including without limitation, the air, ground, water or any surface) at, in, by, from or related to the Property; or (B) The environmental aspects of the transportation, storage, treatment or disposal of materials in connection with the activities on the Property; or (C) The violation, or alleged violation, of any Governmental Requirements relating to Environmental Requirements on the Property; but excluding any of violations arising solely from the intentional actions of the City and its agents. 18 23.2 Corrective Action Work means any and all activities of removal, response, investigation, testing, analysis, remediation taken to: (A) Prevent, abate or correct an existing or threatened Environmental Condition at, about, affecting, or affected by the Property; or (B) Comply with all applicable Environmental Requirements. 23.3 Environmental Indemnification. Contractor covenants and agrees, at its sole cost and expense, to defend (with counsel selected by Contractor, after consulting with the City), indemnify and hold harmless the City, its successors, and assigns from and against any and all Environmental Claims, whether meritorious or not, brought against the City by any Governmental Authority resulting from acts of the Contractor: 23.4 This indemnity includes, without limitation, indemnification against: all costs of removal, response, investigation, or remediation of any kind; all costs of disposal of such Hazardous Substances as necessary to comply with Environmental Laws; all costs associated with any Corrective Action Work; all costs associated with claims for damages to persons, property, or natural resources; any loss from diminution in the value of the Property; and the City’s Attorneys’ Fees, consultants’ fees, court costs and expenses incurred in connection with any Environmental Claims brought against the City. (A) Contractor’s indemnification of City is only for Environmental Claims which arise out of or are caused by actions or events occurring after the Effective Date of the Property Agreement. (B) This indemnification is to be interpreted as broadly as possible and is in addition to all other rights of the City under this Agreement. (C) Payments by Contractor under the Environmental Indemnification will not reduce Contractor’s obligations and liabilities under any other provision of this Agreement. (D) Neither the Contractor nor the general contractor, nor any other contractor in privity with Contractor, has a duty to indemnify the City in connection with any Environmental Claims that are due to the negligent conduct of the City or its agents. (E) Compliance. Contractor agrees to comply with all existing and future federal, state, county, and municipal environmental laws, administrative code provisions, ordinances, rules and regulations, and the requirements of any development order covering the Property issued pursuant to Chapter 380, Florida Statutes, all as may be amended. 24. Insurance Requirements. Insurance Required Before Commencement of Work: The Contractor shall not commence Work under the Agreement until Contractor has obtained all insurance required under this Section, and not until such time that the coverages are approved by the Risk Manager of the City. The Contractor shall not allow any employee of Contractor or any Subcontractor to commence Work 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, Contractor shall be responsible for any and all policy deductibles and self-insured retentions. 19 A. Insurance Requirements: Coverages shall be in force until all Work 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 Contractor 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 CONTRACTOR AND ANY SUBCONTRACTOR SHALL NOT PERFORM OR CONTINUE WORK 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 BE SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE AGREEMENT OR ELSEWHERE IN THE SOLICITATION DOCUMENTS CONCERNING CONTRACTOR DELAY. B. Required Minimum Coverages: The below coverages are minimum limit requirements. Umbrella or Excess Liability policies are acceptable to provide the total required liability limits, as long as the Risk Manager of the City reviews and approves in writing the insurance limits on each of the policies. The City must approve any changes to these specifications and has the right to review and amend coverage requirements. The CONTRACTOR shall be held responsible for any modifications, deviations, or omissions in these insurance requirements. CONTRACTOR shall be responsible for any deductible amounts. C. GENERAL LIABILITY INSURANCE is to include bodily injury, broad form property damage, products/completed operations, blanket contractual liability, and personal/advertising injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence, and Two Million Dollars ($2,000,000.00) annual aggregate. D. SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE (to be confirmed on or attached to the Official Certificate of Insurance): 1. Annual Aggregate shall apply “Per Job”; 2. “The City of Dania Beach, Florida” is added as a named “Additional Insured”; 3. Additional Insured status is included for Products completed operations coverage for a period of no less than five (5) years following the completion of the Work or Project; 4. Additional insured coverage shall be no more restrictive than Insurance Services Office (ISO) form CG 2037 (07 04); 5. Contractor’s insurance shall be primary and non-contributory; 6. Waiver of Subrogation in favor of the City; 7. 30 Days’ Notice of Cancellation or modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); and 8. Copy of Additional Insured Endorsement or other endorsements may be attached to the Certificate. 20 E. WORKERS’ COMPENSATION INSURANCE must be provided for all persons fulfilling this agreement whether employed, contracted, temporary, or subcontracted for the life of the agreement, including any applicable warranty period(s), and it is to apply to all “statutory employees” of Contractor (as that phrase is defined by Chapter 440, Florida Statutes), in compliance with the “Workers’ Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Contractor, its employees, and Subcontractors. F. In the case any work is sublet as otherwise addressed in the Agreement or Solicitation Documents, the Contractor shall require any Subcontractors similarly to provide Workers’ Compensation Insurance for all of the latter’s employees, in addition to any coverage afforded by the Contractor, by furnishing Statutory Limits Part A, and no less than One Million Dollars ($1,000,000.00) Employers’ Liability Limits Part B. G. IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN THE PROSECUTION OF THE WORK, THE FOLLOWING: A) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEE WHO IS EXEMPTED OR PURPORTED TO BE EXEMPT FROM WORKERS’ COMPENSATION INSURANCE COVERAGE; OR B) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEES WHO WILL BE COVERED BY AN EMPLOYEE LEASING ARRANGEMENT. 1. ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEE WHO IS EXEMPTED OR PURPORTED TO BE EXEMPT FROM WORKERS’ COMPENSATION INSURANCE COVERAGE; OR 2. ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEES WHO WILL BE COVERED BY AN EMPLOYEE LEASING ARRANGEMENT. H. SPECIAL PROVISIONS AS TO WORKERS’ COMPENSATION INSURANCE (to be confirmed on or attached to the Official Certificate of Insurance): 1. 30 Days’ Notice of Cancellation or Modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); and 2. Waiver of Subrogation. I. AUTOMOBILE LIABILITY INSURANCE shall be maintained with combined single limits of no less than One Million Dollars ($1,000,000.00), to include coverage for owned, hired, and non-owned vehicles. J. SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE (to be confirmed on or attached to the Official Certificate of Insurance): 1. “The City of Dania Beach” is added as a named “Additional Insured”; 2. 30 Days’ Notice of Cancellation or modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); and 3. Waiver of Subrogation. K. Proof of Insurance: The following are requirements that must be met regarding the Bidder’s or Offeror's delivery of Certificates of Insurance for all coverages required in the Agreement and Solicitation Documents: 21 1. “Preliminary” certificate means that certificates of insurance verifying all general insurance requirements (as noted below) must be included with Bid or Proposal at submittal on the date and time of the Bid or Proposal opening. If the “preliminary” certificates are not included with a Bid or Proposal submittal, then the City has the right to consider the submitted Bid or Proposal as non-responsive on the date and time of the Bid or Proposal opening. “Preliminary” Certificates may be issued without documentation of all “Special Provisions”. However, Contractor does 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. 2. “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 Intent to Award”, then the City has the right to consider the awarded Agreement to the successful Bidder or Offeror as void and to negotiate a contract with the next lowest responsive and responsible Bidder or Offeror. “Special Provisions”, as referenced below under each type of insurance requirement shall be fully confirmed on or attached to the “Official” certificates. 3. All Certificates of Insurance must clearly identify the contract to which they pertain, including a brief description of the subject matter of the contract. 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 Contractor 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. 25. Assignment of Agreement. The Contractor acknowledges, understands and agrees that its performance under this Agreement is or may be contingent upon the City receiving timely services from other Contractors (the “Supporting Contractors”). The Contractor agrees to use its best efforts to coordinate its services with the services of the Supporting Contractors and further agrees that in the event the rendition of any services of any of the Supporting Contractors is delayed, such delay will not entitle the Contractor to any additional compensation or payment of any kind. Furthermore, the Contractor shall not be entitled to an increase in compensation, or be entitled to payment of any kind from the City, for damages or expenses incurred which are direct, indirect or consequential or other costs and lost profits of any kind including, but not limited to, costs of acceleration, inefficiency or extended overhead, arising because of any other delay, disruption, interruption, interference or hindrance from any cause whatsoever, whether such delay, disruption or interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by the Contractor for hindrances or delays caused solely by fraud, bad faith or active malicious interference on the part of the City. The Contractor shall only be entitled to extensions of time for performance as the exclusive and sole remedy for delay. In recognition of the fact that Contractor is not entitled to costs of acceleration arising out of the delays caused by 22 Supporting Contractors, Contractor shall not be required to accelerate its services where delays have resulted from Supporting Contractors, unless the City agrees to compensate Contractor for such accelerated efforts. 26. Public Records Law. Contractor shall maintain books, records, documents and other evidence directly pertinent to performance of work under this Agreement in accordance with generally accepted accounting principles and practices. The Contractor shall also maintain the financial information and data used by the Contractor in the preparation of support of any claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to such books, records, documents and other evidence for inspection, audit and copying during normal business hours. The Contractor will provide proper facilities for such access and inspection. Audits conducted under this section shall observe generally accepted auditing standards and established procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes, may have application to records or documents pertaining to this Agreement and Contractor acknowledges that such laws have possible application and agrees to comply with all such laws. Upon request from the City custodian of public records, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. 27. Retention Of Records And Right To Access 27.1 The Contractor shall preserve and make available all financial records, supporting documents, statistical records, and any other documents pertinent to the agreement for a period of five (5) years after termination or conclusion of the agreement, or if an audit has been initiated and audit findings have not been resolved at the end of these five (5) years, the records shall be retained by the City until resolution of audit finding. The Contractor shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Contractor shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. 27.2 Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the City. 23 27.3 Upon completion of Work under this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the Contractor shall be delivered by the Contractor to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Contractor shall be delivered to the City in a format that is compatible with the City’s information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the Contractor shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 27.4 Any compensation due to Contractor shall be withheld until all records are received as provided in this Agreement. 27.5 Contractor’s failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the City. 28. Section 119.0701(2)(a), Florida Statutes IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: ELORA RIERA, MMC CITY CLERK Mailing Address: 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Telephone number: 954-924-9800, Ext. 3623 Email: eriera@daniabeachfl.gov 29. No Waiver. Failure of the City to insist upon strict performance of any provision or condition of this Agreement, or to enforce any right contained in it, shall not be construed as a waiver or relinquishment for the future of any such provision, condition or right, but the same shall remain in full force and effect. 29. Declaration of Default. The failure of the Contractor a) to supply enough properly skilled workers or materials, or b) its failure to make prompt payments to subcontractors, or for materials or labor, or c) to obey laws, ordinances, rules, regulations or orders of public agencies having jurisdiction, or d) to comply in any way with the Agreement Documents, shall be sufficient grounds for the City to find the Contractor in material default, and that sufficient cause exists to terminate the Agreement for cause, and to withhold payment or any part thereof until the cause or causes giving rise to the default has/have been eliminated by the Contractor and approved by the City. If a finding of default is made by the City, the Contractor and its Surety shall remain responsible for performance of the requirements of the Agreement Documents unless and until the City terminates the Agreement. Upon a finding of default, the City shall set a reasonable time, 24 but in no event in excess of seven (7) calendar days after written notice from City detailing the default, within which the Contractor and its Surety shall eliminate the cause or causes of default. When the basis for finding default no longer exists, the City shall notify the Contractor and its Surety, in writing, that the default has been corrected, and that the Contractor is no longer in default. If the Contractor fails to correct the default within the time allowed, the City, without further notice to Contractor or its Surety, may immediately terminate the Agreement and the employment of the Contractor, without otherwise waiving its rights against the Contractor or its Surety. To the extent that the time limits herein conflict with those set forth in the Performance Bond, the time limits in this section shall take precedence. 30. Termination Or Suspension Of Agreement 30.1 Termination By The Contractor: A. The Contractor may terminate the Agreement for non-payment (except for those provisions in this agreement that specifically provide for withholding payment), failure to certify payment, delays of greater than 120 days not caused by Contractor, other material breaches by the City, and if the Work is stopped for a period of thirty (30) days through no act or fault of the Contractor, Subcontractor, Sub-subcontractor, their agents or employees, or any other persons performing portions of the Work under the Agreement with the Contractor, for any of the following reasons: 1. issuance of an order of a court or other public authority having jurisdiction, and 2. an act of government, such as a declaration of national emergency, making material unavailable. B. If one of the above reasons exists, the Contractor may, upon five (5) additional days’ written notice to the City, terminate the Agreement and recover from the City payment for Work performed. 30.2 Termination By The City For Cause: (A) The City may terminate the Agreement if the Contractor: (1) persistently or repeatedly refuses or fails to supply enough properly skilled workers, proper equipment, materials, or fails to adhere to the schedule established as adjusted from time to time pursuant to the terms of the Agreement; (2) fails to comply with laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction, including City; (3) commits any act or omission that evidences a lack of integrity or honesty or which reflects negatively on the City, including but not limited to the company of its owners, officers and agents being charged with any act of moral turpitude or any environmental violation; 25 (4) fails to obtain or maintain all insurance Coverage required by the Agreement Documents; or (5) otherwise, is guilty of substantial breach of a provision of the Agreement or Agreement Documents; or (6) One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period, Contractor (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Contractor of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Contractor’s business or property; and/or iv. An action by Contractor under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation; or (7) If Contractor or its Surety(ies) do(es) not cure such failure within seven (7) calendar days from receipt of notification, or sooner if consideration of safety to persons is involved, or if Contractor or its Surety(ies) fails to provide satisfactory evidence that such default will be corrected, City may, without further notice to Contractor, terminate in whole or in part Contractor's right to proceed with work by written notice and prosecute the Work to completion by Agreement or by any other method deemed expedient. City may take possession of and utilize any materials, plant, tools, equipment, and property of any kind furnished by Contractor and necessary to complete the Work. (8) Contractor, and its sureties, shall be liable, jointly and severally, to City for all costs in excess of the Agreement price for such terminated work reasonably and necessarily incurred in the completion of the Work, as adjusted by Change Orders, if any, including cost of administration of any Agreement awarded to others for completion, plus Liquidated Damages. (9) The commitment of any material breach of this Agreement by Contractor, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; or (10) Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Contractor by a state or other licensing authority; or (11) Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; or (12) Failure to maintain the insurance required by this Agreement. 26 30.3 Upon termination for default, Contractor shall: (a) immediately discontinue work on the date and to the extent specified in the notice and place no further purchase orders or subcontracts to the extent that they relate to the performance of work terminated; (b) inventory, maintain and turn over to City all materials, plant, tools, equipment, and property furnished by Contractor or provided by City for performance of work; (c) promptly obtain cancellation upon terms satisfactory to City of all purchase orders, subcontracts, rentals, or any other agreements existing for performance of the terminated work or assign those agreements to City as directed; (d) cooperate with City in the transfer of information and disposition of work in progress so as to mitigate damages; (e) comply with other reasonable requests from City regarding the terminated work; and (f) continue to perform in accordance with all of the terms and conditions of the Agreement such portion of work that is not terminated. (g) When the City terminates the Agreement, the Contractor shall not be entitled to receive any further payment until the Work is completed and approved by the Engineer of Record. (h) All damages, costs and charges incurred by City shall be deducted from any monies due or which may become due to Contractor. In case the damages and expenses so incurred by City shall exceed the unpaid balance, then Contractor shall be liable and shall pay to City the amount of such excess. 30.4 If, after Notice of Termination or Suspension of Contractor’s right to proceed, it is determined for any reason that Contractor was not in default, the rights and obligations of City and Contractor shall be the same as if the Notice of Termination had not been issued, pursuant to the Termination for Convenience clause as set forth below. 30.5 Termination By The City For Convenience: The Agreement may be terminated for convenience by City upon fifteen (15) days’ advance written notice to Contractor and the Contractor’s surety, if any (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, the Contractor shall be paid for all acceptable work performed prior to termination and shall not be entitled to any other costs, fees or payments. City may, at its option and convenience, terminate the Agreement, in whole or in part, at any time by written notice thereof to Contractor, whether or not Contractor is in default. Upon any such termination, Contractor hereby waives any claims for damages from the termination, including, without limiting the generality thereof, loss of anticipated profits on Work not performed on account thereof, home office overhead, lost bonding capacity, and consequential damages. As the sole right and remedy of Contractor, City shall pay Contractor in accordance with Subparagraphs below; provided, however, that those provisions of the Agreement, which by their very nature 27 survive final acceptance under the Agreement, shall remain in full force and effect after such termination (a) Upon receipt of any such notice, Contractor and its Surety shall, unless the notice requires otherwise; (b) Immediately discontinue work on the date and to the extent specified in the notice. (c) Place no further orders or subcontracts for materials, services, or facilities, other than as may be necessary or required for completion of such portion of work under the Agreement that is not terminated; (d) Promptly make every reasonable effort to obtain cancellation upon terms satisfactory to City of all orders and subcontracts to the extent they relate to the performance of work terminated; (e) If requested by the City in writing, assign to the City, all right, title and interest of the Contractor under the subcontracts terminated. Such Assignment shall not include assumption of Contractor's obligations or liabilities under any subcontract. The City shall have the right (but not the obligation) to assume the Contractor's obligations under any subcontracts assigned. Neither this paragraph or any assignment of subcontracts, shall constitute the City's assumption of Contractor's or other obligations under any such subcontract absent a written document executed by the City and the subcontractor in which the City expressly acknowledges an assumption of Contractor's obligations, and then only to the extent specified. In no event will the City assume any obligation of the Contractor under the subcontracts that arise out of or relate to Contractor's default prior to such assignment; (f) The Contractor shall include in all subcontracts, equipment leases and purchase orders, a provision requiring the subcontractor, equipment lessor, or supplier, to consent to the assignment of their subcontract or purchase order to the City; (g) Assist City, as specifically requested in writing, in the maintenance, protection and disposition of property acquired by City under the Agreement; and, (h) Complete performance of any work that is not terminated. (i) Upon any such termination, City will pay to Contractor an amount determined in accordance with the following (without duplication of any item): (j) All amounts due and not previously paid to Contractor for work completed in accordance with the Agreement prior to such notice, and for work thereafter completed as specified in such notice. (k) The reasonable cost of settling and paying claims arising out of the termination of work under subcontracts or orders. (l) The verifiable costs incurred prior to notice of termination. (m) Any other reasonable costs which can be verified to be incidental to such termination of Work, including demobilization costs. 28 (n) In the case of such termination for City's convenience, Contractor shall be entitled to receive payment for Work actually executed, and verifiable costs incurred by reason of such termination, along with an amount not to exceed ten (10) percent for profit and overhead on such verifiable costs incurred. (o) The City's Termination for Convenience shall be without waiver or prejudice to, all of the City's claims, rights and remedies arising out of or related to any default, breach of Agreement, damages or other claims the City may have against Contractor, or Contractor's subcontractors, material suppliers of any tier, or any other person or entity at the time of termination or arising thereafter. (p) Contractor hereby acknowledges acceptance of the risk and cost of the foregoing and acknowledges and agrees to the foregoing limitation on Contractor's claims or damages arising out of, or relating to, a termination for convenience by the City. (q) Contractor shall submit within 30 calendar days after receipt of notice of Termination, for Convenience, a written proposal for payment, including all incurred costs and other entitlements described herein. City shall review, analyze, and verify such proposal, and negotiate an equitable adjustment, and the Agreement shall be amended in writing accordingly. 31. Suspension By The City For Cause The City may order the Contractor in writing to suspend, delay or interrupt the Work, in whole or in part for such period of time as deemed necessary by the City, if the Contractor fails to maintain all insurance Coverage required by the Agreement Documents. Any delay in the Work caused by a lapse in Coverage shall be deemed non-excusable, shall not be grounds for a time extension, and shall be subject to any other applicable provisions in the Agreement and Agreement Documents concerning Contractor delay. 32. Termination for Cause If the Contractor fails to provide the services or shall in any other manner commit a breach of the agreement and fails to remedy the same within 30 calendar days after receipt of written notice from the City, the City may terminate the agreement, without any further notice to the Contractor. City representatives will review the construction services periodically to assure that the requirements of the agreement are being met. If any work is unsatisfactory, the Contractor shall be contacted, and the discrepancies corrected at no additional cost to the City. If deficiencies are not corrected within ten (10) working days, the City may, at its option, perform the required services or contract to have them performed and deduct the cost of those services from the agreement cost. 35. Receipt Of Notice Of Termination Or Suspension Upon receipt of Notice of Termination or suspension, Contractor shall deliver or otherwise make available to City all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Agreement or Agreement Documents, whether 29 completed or in process. Upon receipt of any such written notice, Contractor shall, unless the notice requires otherwise: (a) immediately discontinue work on the date and to the extent specified in the notice; (b) place no further orders or subcontracts for material, services, or facilities with respect to suspended work other than to the extent required in the notice; (c) promptly make every reasonable effort to obtain suspension, upon terms satisfactory to City, of all orders, subcontracts and rental agreements to the extent they relate to performance of work suspended; (d) continue to protect and maintain the Work including those portions on which work has been suspended, and (e) take any other reasonable steps to minimize costs associated with such suspension. In addition to all amounts that would otherwise be due for Work performed prior to the suspension, as compensation for such suspension, Contractor will be reimbursed for the following verifiable costs (without profit) and without duplication of any item, to the extent that such costs directly result from such suspension of work: (a) standby charge to be paid to Contractor during the period of suspension of work which standby charge shall be sufficient to compensate Contractor for keeping, to the extent required in the notice, its organization and equipment committed to the Work in a standby status; (b) All reasonable costs associated with mobilization and demobilization of Contractor's plant, forces and equipment; and (c) An equitable amount to reimburse Contractor for the cost of maintaining and protecting that portion of the Work upon which work has been suspended. 36. Force Majeure. Under any and all provisions of this Agreement, neither the City nor Contractor, as the case may be, will be considered in breach of or in default of any of their respective non-monetary and monetary obligations under the Agreement as a result of an unavoidable delay due to strikes, lockouts, acts of God, inability to obtain labor or materials, riot, war, hurricane, tornado, weather related events or conditions, pandemics, epidemics, shutdowns due to government restrictions, utility company delays, or other similar causes beyond the commercially reasonable control of a party (in each case, an event of “Force Majeure”). Upon the occurrence of a Force Majeure, the applicable time-period will be extended for each day of the period of the Force Majeure event. 37. Remedies Cumulative. Waiver. The rights and remedies of the parties to this Agreement, whether provided by law or by this Agreement, are intended to be cumulative and concurrent. The exercise by either party of any one or more of its remedies will not preclude the exercise by a party, at the same or different times, of any other remedies for the same default or breach, or of any of its remedies for any other default or breach by the other party. The waiver by a party of any default or Event of Default under this Agreement will not extend to or affect any other existing 30 or subsequent Event of Default, or impair any rights, powers, or remedies of a party in connection with any other default or Event of Default. A party’s delay or omission in exercising any right, power or remedy will not be construed as a waiver of any default or Event of Default or constitute acquiescence to the default. 38. Notices. Except as provided above, whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective persons and places for giving of notice: City: Ana M. Garcia, ICMA-CM, City Manager City of Dania Beach, Florida 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Eve A. Boutsis, City Attorney City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Contractor: Lonny Anger, President. Merrick Industrial Management Corporation 7995 NW 110 Drive Parkland, Florida 33076 39. Governing Law. The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 40. Bankruptcy. It is agreed upon that if the Contractor is adjudged bankrupt, either voluntarily or involuntarily, then this Agreement shall terminate effective upon the date and at the time the bankruptcy petition is filed. Upon such filing of Bankruptcy, Contractor will automatically be in default of this Agreement and the provisions of Article 9 will be enforced at City’s discretion. 31 41. Venue; Fees. 41.1 If mediation is unsuccessful, any such matter may be determined by litigation in a court of competent jurisdiction in Broward County, Florida, or the Federal District Court of the Southern District of Florida and appropriate appellate courts for such venue and jurisdiction. To be clear, should mediation fail, all claims, counterclaims, disputes and other matters in question between City and Contractor arising out of, relating to or pertaining to this Agreement, or the breach of it, or the services of it, or the standard of performance required in it, shall be addressed by resort to non-binding mediation as authorized under the laws and rules of Florida. IN ANY LITIGATION, THE PARTIES AGREE TO EACH WAIVE ANY TRIAL BY JURY OF ANY AND ALL ISSUES. THE PARTIES UNDERSTAND AND AGREE THAT THIS WAIVER IS A MATERIAL AGREEMENT TERM. 41.2 Operations During Dispute. In the event that a dispute arises between the City and the Contractor relating to this Agreement, or its performance or compensation, the Contractor agrees to continue to render services in full compliance with all terms and conditions of this Agreement as required by the City. 42. 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. 43. Prevailing Party’s Attorneys’ Fees. If either party institutes legal proceedings in connection with the Agreement, the prevailing party will be entitled to recover its costs of suit, including without limitation, its Attorneys’ Fees. 44. Headings. Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. 45. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement and each such exhibit is incorporated by this reference. 46. 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. 47. 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. 32 48. Independent Contractors. Contractor, any Subcontractors and their respective employees and agents shall be and remain independent Contractors and not employees of City with respect to all of the acts and services performed under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties to this Agreement. All agents, employees and Subcontractors of the Contractor retained to perform services pursuant to this Agreement shall comply with all laws of the United States concerning work eligibility. 49. Contractor 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 Contractor 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 Contractor. Material interest means direct or indirect ownership of more than five percent (5%) of the total assets or capital stock of the Contractor. 50. Contractor shall comply with all federal, state and City laws applicable to the Contractor 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 Contractor is expected to fully comply with all provisions of all laws and the City reserves the right to verify the Contractor’s compliance with them. Failure to comply with any laws will be grounds for termination of the Agreement for cause. 51. In the event of any conflict between any provisions of this Agreement and any provision in any attached Exhibit, 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. 52. Contractor agrees to perform its obligations under this Agreement in accordance with the degree of skill and care exercised by multimedia Contractors performing similar services under similar conditions. Contractor makes no other representations and no warranties, whether express or implied, with respect to the quality of its performance under this Agreement. 53. Sovereign Immunity. Contractor acknowledges that the Florida Doctrine on Sovereign Immunity bars all claims by Contractor against the City other than claims arising out of this Agreement. Specifically, the Contractor acknowledges that it cannot and will not assert any claims against the City, unless the claim is based upon a breach by the City of this Agreement. Further, the Contractor recognizes the City is a sovereign with regulatory authority that it exercises for the health, safety, and welfare of the public. This Agreement in no way estops or affects the City's exercise of that regulatory authority. In addition, the City retains the full extent 33 of its sovereign immunity in relation to the exercise of its regulatory authority. The Contractor acknowledges that it has no right and will not make claim based upon any of the following: A. Claims based upon any alleged breach by the City of implied warranties for representations not specifically set forth in this Agreement, as the parties stipulate that there are no such implied warranties or representations of the Contractor. All obligations of the parties are only as set forth in this Agreement; B. Claims based upon negligence or any tort arising out of this Agreement; C. Claims upon alleged acts or inaction by the City, its commissioners, attorneys, administrators, Contractors, agents, or any Contractor employee; D. 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 City and Contractor. 54. Financial records. The Contractor shall maintain accurate and complete financial records of its activities and operations relating to this Agreement in accordance with generally accepted accounting principles. Contractor 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. Contractor 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 Contractor 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 Contractor for travel, per diem, and other costs incurred by Contractor 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). 55. Scrutinized Companies. Contractor 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 Contractor 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. 56. Verification of Employment Eligibility. Contractor represents that Contractor, 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, Municipality may immediately terminate this Agreement for cause and Contractor shall be liable for all costs incurred by Municipality due to the termination. 34 57. Successors And Assigns. The City and the Contractor each bind itself, its officers, directors, qualifying agents, partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the Agreement. Contractor shall not assign, transfer, convey or otherwise hypothecate the Agreement or its right, title or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous written consent of the City, and concurred with by the Contractor's Surety. Contractor acknowledges that the City has entered into this Agreement with Contractor after a comprehensive competitive award process, and evaluation of Contractor's particular qualifications and skills to perform the Work. Therefore, Contractor agrees that the City may withhold the consent to assignment referred to herein for any reason the City deems appropriate, in its sole and exclusive discretion. 58. Time is of the Essence. Time is of the essence in the performance of all obligations of each party under this Agreement. 59. No Partnership or Joint Venture. It is mutually understood and agreed that nothing contained in this Agreement is intended or is to be construed in any manner or under any circumstances whatsoever as creating or establishing the relationship of co-partners or creating or establishing the relationship of a joint venture between the City and Contractor, or as constituting Contractor as the agent or representative of the City for any purpose or in any manner whatsoever. 60. Recording; Documentary Stamps. A memorandum of this Agreement, in the form attached as Exhibit H, will be recorded by the City in the Public Records of Broward County, Florida. The cost of recording, and the cost of any required documentary stamps, will be paid in full by the City. The parties will cooperate in structuring the transactions contemplated by this Agreement to reduce such costs, provided the structure does not have any adverse consequence for the City. 61. Governing Law. This Agreement will be governed by the laws of the State of Florida. This Agreement is subject to and must comply with the Charter and City Code of the City of Dania Beach, as they exist on the date of execution of the Agreement. Any conflicts between this Agreement and the Charter and City Code will be resolved in favor of the City’s Charter. Venue for any disputes arising out of this Agreement and for any actions involving the enforcement or interpretation of this Agreement will be in the State courts of the 17th Judicial Circuit of Broward County, Florida. 62. Third Party Beneficiaries. Neither Contractor nor City intend to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. 35 63. Negotiated Agreement. Both parties have substantially contributed to the drafting and negotiation of this Agreement and this Agreement shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. The parties hereto acknowledge that they have thoroughly read this Agreement, including all exhibits and attachments hereto, and have sought and received whatever competent advice and counsel was necessary for them to form a full and complete understanding of all rights and obligations herein. 64. Incorporation by Reference. The truth and accuracy of each "Recital" clause set forth above is acknowledged by the parties. The attached Exhibits to this Agreement are incorporated into and made a part of this Agreement and all exhibits subsequently attached to this Agreement pursuant to the terms hereof shall be deemed incorporated into and made a part of this Agreement. 65. Conflicts of Interest: City Representatives not Individually Liable. No elected official, representative, or employee of the City has any personal interest, direct or indirect, in this Agreement. No elected official, representative or employee will participate in any decision relating to this Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which he or she has an interest, directly or indirectly. No elected official, representative or employee of the City will be personally liable to Contractor or any successor in interest for any amount which may become due to Contractor, for any obligations of City under the Agreement, or in the event of any default or breach by the City. 66. Section. Section headings are for convenience only and do not affect the interpretation of this Agreement. 67. Counterparts. This Agreement may be signed in counterparts, each one of which is considered an original, but all of which constitute one and the same instrument. This Agreement is effective only after execution and delivery by the parties. 68. Entire Agreement. This Agreement (including the Exhibits) constitutes the sole agreement of the parties with respect to its subject matter. It supersedes any prior written or oral agreements or communications between the parties. 69. Amendments. No amendment to this Agreement is binding on either party unless in writing and signed by both parties. The City is not obligated to spend any money or undertake any obligation in connection with an amendment proposed by Contractor. If Contractor requests an amendment to the Agreement or any other action by City, Contractor must reimburse City for all third-party costs incurred by City (including but not limited to costs of third-party consultants and attorneys). Before the City takes action regarding any request, Contractor must deposit with the City the estimated amount of third-party costs, as reasonably determined by the City. 70. Holidays. The parties agree that whenever a notice or performance due under the Agreement falls on a Saturday, Sunday or on a legal holiday recognized by the City, the notice or performance will be postponed to the next following business day. 36 71. Other governmental entities may elect to purchase the goods and services specified in this Agreement, which shall be made available upon the same terms and conditions as those specified in this Agreement. 72. Survival. A termination of the Agreement will not release Contractor from its obligation to indemnify City for any acts which occurred prior to the termination of the Agreement, unless otherwise agreed upon by City and Contractor or by judicial decree. Upon termination or expiration of this Agreement, the Contractor shall remain liable for all obligations and liabilities that have accrued prior to the date of termination or expiration, unless relieved of such obligation or liability by action of a court or rule of law. SIGNATURES ON THE FOLLOWING PAGES 37 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. 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 38 CONTRACTOR: WITNESSES: Merrick Industrial Management Corporation, 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 ☐ online notarization, on __ ,2025 by ____________________________ as ___________________ of Merrick Industrial Management Corporation., a Florida corporation. He/she is personally known to me or has produced as identification. My Commission Expires: Notary Public, State of Florida Print Name 1 CITY OF DANIA BEACH, FLORIDA Frost Park Sport Court Conversion Project (Re-issue) CITY REQUEST FOR PROPOSAL (“RFP”) NO. 25-023 Prepared by: City of Dania Beach, Florida 100 W. Dania Beach Boulevard Dania Beach, FL 33004 Monday, August 18, 2025 Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 2 Table of Contents 1. NOTICE TO PROPOSERS 2. PROPOSAL SUBMISSION 3. INSTRUCTIONS TO PROPOSERS 4. SUBMISSION OF PROPOSALS 5. QUALIFICATIONS OF PROPOSALS 6. SCOPE OF WORK 7. PROPOSAL REQUIRMENTS 8. EVALUATION CRITERIA RANKING 9. AWARD OF AGREEMENT 10. PUBLIC RECORDS 11. INSURANCE REQUIREMENTS 12. INDEMNIFICATION 13. INDEPENDENT CONTRACTOR 14. DEBARMENT AND SUSPENSION 15. SCRUTINIZED COMPANIES 16. VERFICATION OF EMPLOYMENT ELIGIBILTY 17. DELIVERIES 18. WARRANTIES 19. COPYRIGHTS OR PATENT RIGHTS 20. SAFETY STANDARDS 21. INSPECTION 22. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT 23. MINORITY / WOMEN’S / LABOR SURPLUS FIRMS PARTICIPATION Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 3 24. TAXES 25. PERMITS, FEES AND NOTICES 26. PERFORMANCE 27. TERMINATION OF CONTRACT 28. TERMINATION OF CONTRACT FOR CONVENIENCE 29. TERMINATION OF CONTRACT FOR CAUSE 30. SUCCESSORS AND ASSIGNS; ASSIGNMENT; SUBLETTING 31. EMPLOYEES OF THE PROPOSER 32. OTHER GOVERNMENTAL ENTITIES 33. UNBALANCED PROPOSAL PRICING 34. INFORMATION REQUESTS AFTER DUE DATE 35. BUDGETARY CONSTRAINT 36. CONTINGENT FEES PROHIBITED 37. CONE OF SILENCE 38. SPECIAL CONDITIONS 39. PROPOSER SUBMISSIONS Attachments: A - _Frost_Park_Tennis_Courts_ (1) B - Frost_Park_Resurfacing_-_Asphalt_Cut_Out C - cw_thomas_park-submittal#24-rev-0-basketball_hoop_to_BH_2024-06-20 D - PAYMENT_BOND E - PERFORMANCE_BOND Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 4 1. NOTICE TO PROPOSERS CITY OF DANIA BEACH, FLORIDA INVITATION TO BID FOR "Frost Park Sport Court Conversion Project (Re-issue)" 25-023 NOTICE IS GIVEN that the City of Dania Beach, Florida (the “City” or “Owner”) will be accepting sealed Bids for its “Frost Park Sport Court Conversion Project (Re-issue), 25-023”. Bids will be accepted on the City's e-Procurement Portal at https://procurement.opengov.com/portal/daniabeachfl until Monday, September 8, 2025, at 10:00 am. Bids received after this time will be rejected. All submissions will remain confidential and exempt from public record disclosure requirements until the response opening is conducted. PROJECT DOCUMENTS Documents may be obtained from https://procurement.opengov.com/portal/daniabeachfl/projects/188302. BID DOCUMENTS Bids must be submitted electronically on the City's e-Procurement Portal at https://procurement.opengov.com/portal/daniabeachfl, the City’s designated electronic bidding system. The City of Dania Beach reserves the right to reject any and all proposals, with or without cause, to waive any informality in a proposal, to terminate the process or re-advertise and solicit new or additional proposals, and to make awards in the best interest of the City. Pursuant to Florida law, all Bids are exempt public records until thirty (30) days after opening, or award of bid, whichever is sooner. In the event presentations are necessary, all non-presenting bidders will be required to exit the room during the presentations of each of the other bidders as portions of selection committee meetings at which presentations are made are exempt from Florida’s public meeting laws. All Proposers are advised that the City has not authorized the use of the City seal or logo by individuals or entities responding to City bids. CITY OF DANIA BEACH, FLORIDA Published on: Monday, August 18, 2025 Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 5 2. PROPOSAL SUBMISSION Proposals must be submitted electronically on OpenGov, the City’s designated electronic bidding system. All bid document files must be clearly labeled 25-023 Frost Park Sport Court Conversion Project (Re-issue) Pursuant to Florida law, all Proposals to this RFP are exempt public records until thirty (30) days after opening, or award of Proposal, whichever is sooner. In the event presentations are necessary, all responders will be required to exit the room during the presentations of the other responders as portions of selection committee meetings at which presentations are made are exempt from Florida’s public meeting laws. Proposals will be publicly opened and read aloud on Monday, September 8, 2025, at 10:00 am using the Zoom or Microsoft Teams online meeting platform. Below you will find the link to access this meeting on the above referenced date and time in the Release Project Date: August 18, 2025 Question Submission Deadline: September 1, 2025, 3:00pm Proposal Submission Deadline: September 8, 2025, 10:00am Bid Opening Link: https://teams.microsoft.com/l/meetup- join/19%3ameeting_YmI3ODJlOGItMWVk Ni00OTMyLWE3MWUtZDM3NmIzYTll MzJi%40thread.v2/0?context=%7b%22Tid %22%3a%226495b0d2-76aa-4ce0-8735- 1233202a940c%22%2c%22Oid%22%3a%2 23028fa4d-0599-4312-97cf- 3d95ed366f47%22%7d Award of Contracts for the Proposals will be made at a subsequent City Commission meeting. All Proposers are advised that the City has not authorized the use of the City seal by individuals or entities responding to City Proposals. The City Commission of the City of Dania Beach reserves the right to reject any and all Proposals, to waive any informality in a Proposal and to make an award in the best interests of the City. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 6 3. INSTRUCTIONS TO PROPOSERS The following instructions are given for the purpose of guiding Proposers in properly preparing their Proposals. These directions have equal force and weight with the specifications and strict compliance is required with all of these provisions. 3.1 Qualifications of Proposers No Proposal will be accepted from, nor will any contract be awarded to, any person who is in arrears to the City of Dania Beach, upon any debt or contract, or who has defaulted, as surety or otherwise, upon any obligation to the City, or who is deemed irresponsible or unreliable by the City Commission of Dania Beach. Minority, women- owned, and labor surplus area businesses and firms are encouraged to submit Proposals. 3.2 Personal Investigation Proposers shall satisfy themselves by personal investigation and by such other means as they may think necessary or desirable, as to the conditions affecting the proposed work and the cost. No information derived from maps, plans, specifications, or from the City staff or their assistants shall relieve the Contractor from any risk or from fulfilling all terms of the contract. Before submitting a Proposal, each Proposer must visit the site (if applicable to the project) to become familiar with the facilities and equipment that may in any manner affect cost or performance of the work; must consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost or performance of the work, must carefully compare the Proposer's observations made during site visits or in review of applicable laws with the Proposal Documents; and must promptly notify the Project Contact person of all conflicts, errors and discrepancies, if any, in the Proposal Documents. The Proposer, by and through the submission of a Proposal, agrees that Proposer shall be held responsible for having examined the facilities and equipment (if applicable); is familiar with the nature and extent of the work and any local conditions that may affect the work, and is familiar with the equipment, materials, parts and labor required to successfully perform the work. 3.3 Inconsistencies Any seeming inconsistency between different provisions of specifications, Proposal or contract, or any point requiring explanation must be inquired into by the Proposer, in writing, at least ten (10) days prior to the time set for opening Proposals. After Proposals are opened, the Proposers shall abide by the decision of the City Manager or designee as to such interpretation. 3.4 Conflict of Interest The award of any contract under this RFP is subject to the provisions of Chapter 112, Florida Statutes. Proposers must disclose with their Proposal the name of any officer, director, partner, proprietor, associate or agent who is also an officer or employee of City or any of its agencies. Further, all Proposals must disclose the name of any officer or employee of City who owns, directly or indirectly, an interest of five percent (5%) or more in the Proposer's firm or any of its branches or affiliate companies. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 7 3.5 Legal Conditions Proposers are expected to familiarize themselves with the provisions of the laws of the United States and State of Florida, and with the provisions in the Charter and the ordinances of the City of Dania Beach. 3.6 Forms and Proposals Proposals will be received until Monday, September 8, 202510:00 am by submission to OpenGov. Each Proposal and its accompanying statements must be made on the blanks provided. The forms must be submitted in good order and with all the blanks filled in. 3.7 Proposal Bond A certified check, cashier's check, or bank officer's check, or RFP bond for the sum of TEN THOUSAND DOLLARS ($10,000.00), made payable to the City of Dania Beach, Florida, or Proposal bid bond in such amount, shall accompany each Proposal as evidence of the good faith and responsibility of the Proposer. The check or bond shall be retained by the City as liquidated damages should the Proposer refuse to or fail to enter into a Contract for the execution of the work embraced in this Proposal, in the event the Proposal of the Proposer is accepted. Retention of such amount shall not be construed as a penalty or forfeiture. The above bond or check shall be a guarantee that the Proposer will, if necessary, promptly execute a satisfactory Contract and furnish good and sufficient bonds. As soon as a satisfactory Contract has been executed and the bonds furnished and accepted, the check or bond accompanying the Proposal of the successful Proposer will be returned to it. The certified or other checks or bid bonds of the unsuccessful Proposers will be returned to it upon the acceptance of the Proposal of the successful Proposer. If the successful Proposer shall not enter into, execute, and deliver such a Contract and furnish the required bonds within ten (10) days after receiving notice to do so, the certified or other check or bid bond shall immediately become the property of the City of Dania Beach as liquidated damages. Retention of such amount shall not be construed as a penalty or forfeiture. 3.8 Filling in Proposals All prices must be typed in the Proposal and also stated in words, and all Proposals must fully cover all items for which Proposals are asked and no other. Proposers are required to state the names and places of residence of all persons interested, and if no other person is interested, the Proposer shall distinctly state such fact and shall state that the Proposal is, in all respects, fair and without collusion or fraud. Where more than one person is interested, it is required that all persons interested, or their legal representative disclose such fact in writing to the City. 3.9 Proposals Firm for Acceptance Proposer warrants, by virtue of proposing, that the Proposal and the prices quoted in the Proposal will be firm for acceptance by the City for a period of one hundred twenty (120) days from the date of Proposal opening. 3.10 Withdrawals Any Proposer may, without prejudice, withdraw a Proposal at any time prior to the expiration of the time during which Proposals may be submitted. Such request for withdrawal must be in writing and signed in the same manner and by the same person who signed the Proposal. After expiration of the period for receiving Proposals, Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 8 no Proposal can be withdrawn, modified, or explained. Should Proposer withdraw its Proposal after expiration of the period for receiving Proposals, its bond shall be retained by the City. 3.11 Causes for Rejection No Proposal will be canvassed, considered, or accepted which, in the opinion of the City Manager, is informal or unbalanced, or contains inadequate or unreasonable prices for any items; each item must carry its own proportion of the cost as nearly as is practicable. Any alteration, erasure, interlineations, or failure to specify Proposals for all items called for in the schedule shall render the Proposal informal. 3.12 Rejection of Proposals To the extent permitted by applicable state and federal laws and regulations, City reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time or changes in the work with the Successful Proposer, and to disregard all nonconforming, non-responsive, unbalanced or conditional Proposals. Proposals will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions or unauthorized alterations, or irregularities of any kind. The City Commission reserves the right to reject any Proposal if the evidence submitted by the Proposer, or if the investigation of such Proposer, fails to satisfy the City that such Proposer is properly qualified to carry out the obligations and to complete the work contemplated. Any or all Proposals will be rejected, if there is reason to believe that collusion exists among Proposers. A Proposal will be considered irregular and may be rejected, if it shows serious omissions, alterations in form, additions not called for, conditions or unauthorized alternates, or irregularities of any kind. The City of Dania Beach reserves the right to reject any and all Proposals, to waive any and all informalities and irregularities, and to accept or reject all or any part of any Proposal as they deem to be in the best interest of the citizens of the City of Dania Beach, or the City may reject Proposals and re-advertise. 3.13 RFP Protest Procedure After a Notice of Intent to Award a contract is posted, any actual or prospective manufacturer or distributor claiming to be aggrieved in connection with the pending award of the Contract, or any element of the process leading to the award of the Contract may protest to the City Manager. A protest must be filed by 5:00 P.M. on the third (3rd) Business Day after posting of the Notice of Award (excluding the day that the Notice is posted) or any right to protest is waived. The protest must be in writing, must identify the name and address of the protester, and must include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the written protest, together with an RFP Protest Bond, is both timely received by the City Manager’s Office. An RFP Protest Bond is to compensate the City for the expenses of administering the protest. If the protest is decided in the protester's favor, the entire deposit shall be returned to the protester. If the protest is not decided in the protester's favor, the deposit shall be retained by the City. The deposit shall be in the form of a cashier's check. The amount of the RFP Protest Bond shall be one percent (1%) of the amount of the pending award for which the bidder is protesting, or five thousand dollars ($5,000.00), whichever is less. 3.14 Protest Committee The Protest Committee shall have the authority to review, settle, and resolve all protests. Members of the Protest Committee will be appointed by the City Manager. If the Protest Committee determines that the pending award Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 9 of a contract or any element of the process leading to the award involved a significant violation of law, applicable rule or regulation, all steps necessary and proper to correct the violation shall be taken. If the Protest Committee determines that the protest has merit, the City Manager shall direct all appropriate steps be taken to remedy it. In the event of a timely protest, the City Manager shall stay the award of the Contract, unless after consulting with the City Attorney and a representative from the City’s Department for which the services are being obtained, the City Manager then determines that the award of the contract is necessary without delay to protect the substantial interests of the City. The continuation of the bid award process under these circumstances shall not preempt or otherwise affect the protest. 3.15 Award of Proposal The City Commission will award the Proposal to the most responsible and responsive lowest price Proposer that meets the qualifications identified in Section 1.1, entitled Qualification of Proposers. The Contractor awarded the Proposal must have satisfactory references. 3.16 Agreement The Proposer(s) to whom or to which an award is made shall execute a written agreement to do the work in the form attached to this RFP. The award may be canceled by the City Commission and awarded to the next lowest priced responsible and responsive Proposer. If this occurs, such Proposer shall fulfill every stipulation as if it were the original party to whom or to which an award was made. The Agreement will include specific insurance, performance bond, and indemnification requirements as set forth in the attached specifications. Proposers must submit any questions, issues, or concerns with the terms, language or both in the attached Agreement by the deadline for submitting requests for interpretations. 3.17 Payment Payment will be made when all work is completed to the satisfaction of the City Manager or designee. Successful Proposer shall submit invoices regularly, for no more than 30-day periods, as work progresses. 3.18 Audit of Contractor's Records Upon execution of the Contract, the City reserves the right to conduct any necessary audit of the Proposer's records. Such an audit, or audits, may be conducted by the City or its representatives at any time prior to final payment, or thereafter, for a period up to three (3) years. if an audit has been initiated and audit findings have not been resolved at the end of these three (3) years, the records shall be retained by the City until resolution of audit finding. The City may also require submittal of the records, at no cost to the City, from the Proposer, any subcontractor, or both. For the purpose of this Section, records shall include all books of account, supporting documents and papers deemed necessary by the City to assure compliance with the Contract provisions. Failure of the Proposer or subcontractor to comply with these requirements may result in disqualification or suspension from bidding or proposing for future contracts or disapproval as a subcontractor at the option of the City. The Proposer shall assure that a subcontractor will provide access to its records pertaining to the services upon request by the City. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 10 3.19 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. 3.20 City Failure by City to respond to an inquiry shall not excuse late or incomplete submissions 3.21 Lobbyists Pursuant to Broward County Ordinance 2011-19, Lobbyists, and any of their principals or employers attending such meeting, are required to complete a Contact Log contemporaneously with a lobbyist meeting. City of Dania Beach Code of Ordinances, Article XI, “Lobbyist Regulations,” Sections 2-231 through 2-234 require Lobbyists to register with the City PRIOR to engaging in lobbyist activities within the City. Contact with personnel of the City of Dania Beach other than the City Clerk or designated representative regarding the RFP shall be grounds for elimination and disqualification from the selection process. 3.22 Omission of Details, Variances and Exceptions The apparent silence of the requirements as to any detail, or the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail, and that only material and workmanship of the finest quality is to be used. All interpretations of the specifications shall be made on the basis of this statement. Omission of any essential details from these specifications will not relieve the Proposer of supplying such services or product(s) as specified. For the purpose of evaluation, the Proposer must indicate any variance or exceptions to the stated requirements, no matter how slight. Deviations should be explained in detail. Absence of variations, corrections or both will be interpreted to mean that the Proposer meets all the requirements in every respect. 3.23 Cost and Compensation Shall be shown in both unit prices and extensions whenever applicable, and expressed in U.S. Dollars. In the event of discrepancies existing between unit prices and extensions or totals, the unit prices shall govern. All costs and compensation shall remain firm and fixed for acceptance for 120 calendar days after the day of the Proposal opening. The Proposal price shall include all franchise fees, royalties, license fees, etc., as well as all costs for transportation or delivery as applicable within the scope of the solicitation. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 11 3.24 Performance Bond and Insurance Upon award of a contract, the Successful Proposer, as required within the scope of the solicitation, may be required to submit performance bonds, payment bonds or both. Proposer shall provide certificates of insurance in the manner, form and amount(s) specified. 3.25 Addenda and Interpretations Any interpretations, clarifications or additional information not disclosed in this RFP and determined to be necessary by the City in response to Proposer’s questions will be issued by means of addendum or addenda, which addendum or addenda will be posted to the City's e-Procurement Portal at https://procurement.opengov.com/portal/daniabeachfl, for all interested persons identified by the City as having received the RFP. The Proposers are required to check the site to see if there has been any addendum or addenda posted regarding this RFP. Only questions answered and information supplied by means of such Addendum or Addenda will be considered as binding. Oral interpretations, clarifications or other information will have no legal and binding effect. A. All questions requiring clarification or interpretation of the RFP documents shall be made in writing and shall be delivered to the City by Monday, September 1, 2025 , 3:00 pm B. Any modification or interpretation of the RFP documents lies within the sole and exclusive judgment of the City or its Consultant, if so authorized by City, and shall be made in writing in the form of an Addendum or Addenda to all those who or which are recorded by the City, as having obtained a complete set of the RFP documents. C. Interpretations or modifications of the RFP documents made in any manner other than an Addendum or Addenda issued by the City shall not be binding. All updates, clarifications, or modifications to the RFP shall be issued via written Addendum or addenda and shall be provided to all Proposers. D. A Proposer, prior to submitting its Response, shall ascertain in writing that it has received any Addendum or all Addenda issued for the services. E. Costs for those matters not questioned and not addressed in an Addendum or Addenda shall be the responsibility of the Proposer, and Proposer shall be responsible to include such costs in the RFP. 3.26 Non-Collusion Affidavit Each Proposer shall complete the Non-Collusive Affidavit form and shall submit the form with their Proposal. City considers the failure of the Proposer to submit this document may be cause for rejection of the Proposal. 3.27 Public Entity Crimes Each Proposal shall complete the Public Entity Crimes form. In accordance with Florida Statutes §287.133 (2)(a): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or contractor under a contract with any public entity, and may not transact Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 12 business with any public entity in excess of the threshold amount provided in Florida Statutes §287.017 for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 3.28 All Proposals All Proposals must be submitted electronically on OpenGov.” The Proposal must be signed by one duly authorized to do so, and in case signed by a deputy or subordinate, the Proposer’s principal's properly written authority to such deputy or subordinate must accompany the Proposal. No Proposal will be accepted, for any reason whatsoever, which is not submitted as stated above, within the specified time. Any uncertainty regarding the time a Proposal is received will be resolved against the Proposer. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 13 4. SUBMISSION OF PROPOSALS A. Proposals must be typed or legibly printed in blue ink. Use of erasable ink is not permitted. All corrections to prices made by the Proposer should be initialed. B. All Proposals shall be submitted in the English language, and pricing expressed in U.S. Dollars. C. Proposals must contain a manual signature of a corporate officer or designee with the proven authority to bind the Proposer. The address and telephone number for any communications regarding the Proposal must be included. D. Proposals shall contain an acknowledgment of receipt of all addenda. E. Proposals by corporations must be executed in the corporation’s legal name by the President or other corporate officer, accompanied by evidence of authority to sign. Evidence of authority shall be provided on the enclosed Certified Resolution form, or by the company’s own Corporate Resolution. F. Proposals by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature. G. Proposals shall be submitted to the Procurement Division on or before the time indicated in the Request for Proposals by the methods described above. City Clerk’s Office staff is not responsible for the premature opening of a Proposal that is not identified. H. In accordance with Florida Statutes, Chapter §119.07(1)(a) and except as may be provided by other applicable state and federal law, the Request for Proposals and the responses to it are in the public domain. However, Proposers are requested to specifically identify in the submitted Proposal any financial information considered confidential, proprietary or both which may be considered exempt under Florida Statute §119.07(t). I. All Proposals received from Proposers in response to the Request for Proposals will become the property of City and will not be returned. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of City. J. The Proposer preparing a submittal in response to this RFP shall bear all expenses associated with its preparation. The Proposer shall prepare a submittal with the understanding that no claim for reimbursement shall be submitted to the City for the expense of Proposal preparation, presentation, or both. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 14 5. QUALIFICATIONS OF PROPOSALS A. Each Proposer shall complete the Proposal’s Qualifications Statement and submit the form with the Proposal. Failure to submit the Proposer’s Qualifications Statement and the documents required under it may constitute grounds for rejection of the Proposal. B. As a part of the evaluation process, the City may conduct a background investigation including a criminal record check of Proposer’s officers and employees, by the Broward County Sheriff’s Office. Proposer’s submission of a Proposal constitutes acknowledgement of and consent to such investigation. City shall be the sole judge in determining Proposer’s qualifications. C. No Proposal shall be accepted from, nor will any contract be awarded to, any person who is in arrears to City for any debt or contract, or who is a defaulter, as surety or otherwise, of any obligation to City, or who is deemed irresponsible or unreliable by City. City will be the sole judge of such determination. The City reserves the right to make a pre-award inspection of the Proposer's facilities and equipment prior to award of Contract. D. Employees of the Proposer shall at all times be under its sole direction and not an employee or agent of the City. The Proposer shall supply competent and physically capable employees. The City may require the Proposer to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Proposer shall be responsible to the City for the acts and omissions of all employees working under its directions. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 15 6. SCOPE OF WORK 6.1 SCOPE A. The City of Dania Beach, Florida (the “City” or “Owner”), is actively seeking proposals from qualified firms for Frost Park Sport Court Conversion Project (Re-issue)”. The purpose of this project is to resurface and upgrade the sport-court facilities at Frost Park. The project encompasses full resurfacing of courts and replacement of any sub-surface areas found to be unstable or deteriorated. The entire court area will need to be sealed, and all cracks will need to be filled prior to resurfacing. In addition, the construction of two (2) regulation tennis courts, six (6) pickleball courts, and one (1) full basketball court within the existing court footprint and improvements to adjoining pedestrian pathways and perimeter fencing. B. Existing Site Conditions: Frost Park currently includes: Two (2) dedicated tennis courts One (1) tennis court also used as a temporary pickleball court One (1) narrow basketball court One (1) handball court C. The proposed construction will occur in the same general location within the park where these current courts exist. D. Proposer Responsibilities:The selected vendor shall provide all necessary labor, materials, equipment, permitting, and services to complete the project. The scope includes but is not limited to: 1. Conceptual Design Services: Develop and submit a conceptual design. This is a request of a basic conceptual site plan, not detailed architectural drawings. Design must consider functionality, accessibility, aesthetics, safety, and durability. Designs must incorporate ADA-compliant access and circulation pathways 2. Construction Services: a. Demolition and Site Preparation • Removal of existing courts and related infrastructure • Grading and site preparation to support new construction. b. Construction of New Courts. • Two (2) Tennis Courts • Six (6) Pickleball Courts Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 16 • One (1) Basketball Court E. Additional Site Features: 1. Connecting Pathways ADA-compliant asphalt pathways to provide pedestrian access to each court 2. Fencing: Installation of fencing systems to section off courts and control access Fencing shall be durable and suited for high-use recreational areas. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 17 7. PROPOSAL REQUIRMENTS Proposers shall, as a minimum, include the following information with the submittal of its Proposal. A. Executive Summary Summarize the business entity, its background, main office(s), and office location that will service this contract. Identify the officers, principals, supervisory staff and key individuals who will be directly involved with the work and their office locations. The executive summary should also summarize the key elements of the proposal. B. Relevant Project Experience Indicate the firm’s number of years of experience in providing the services as it relates the work contemplated. Provide details of past projects, specifically those involving historic properties. C. Approach Provide in concise narrative form, your understanding of the City's needs, goals and objectives as they relate to the project, and your overall approach to accomplishing the project. Give an overview on your proposed vision, ideas and methodology. Describe your proposed approach to the project to include: As a part of the response, any design plan or mockups shall be presented to the City for approval. for use in providing services to the City. Additionally, include a timeline for effectively managing and executing the work in optimum time. The City, at its discretion may allow for time extensions for unforeseen and unexpected delays. Also provide information on your firm’s current workload and how this project will fit into your workload. D. Capabilities Describe available facilities, technological ability and other available resources you offer for the project. E. References Provide names, addresses, and telephone numbers of five (5) references who are capable of explaining and confirming the firm’s capacity to successfully complete the Services sought in this RFP. F. Pricing Provide a cost estimate for the Services to be provided based on the Scope of Services and the firm’s proposed approach to the project. • Summary of Documents To Be Submitted With Proposals. The following is a summary of documents required to be submitted for this Proposal. Failure to include a technical Proposal, cost Proposal, Proposal surety (if required below), or any other document that, by its omission, may prejudice the rights of other possible Proposers or respondents, may result in immediate rejection of a Proposal. The Forms are as follows: o Proposer’s Qualifications o Public Entity Crimes Form (must be notarized) o Non-Collusion Affidavit (must be notarized) o Drug-Free Workplace Certification Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 18 o Acknowledgement of Addenda o References o Certification to Accuracy of Proposal (must be notarized) o Affidavit of Compliance with Anti-Human Trafficking Laws (must be notarized) o General Certificate of Insurance (COI) • Other forms or documents which, by their nature do not impact price or the Proposer’s cost of doing business should accompany the Proposal; but must be provided within three (3) business days of the City’s request to be considered responsive. The City reserves the right to request the most recently completed audited financial statement, or other approved documentation to verify financial viability Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 19 8. EVALUATION CRITERIA RANKING Evaluation of the responses will be conducted by an Evaluation Committee composed of City staff, or other people selected by the City Manager or designee. Responsive proposals shall be evaluated based upon the information and references contained in the responses submitted. The Evaluation Committee will evaluate all qualified, responsive proposals at duly advertised public evaluation meetings in accordance with Florida law. Proposers with the highest-ranked submittals may be asked to make a detailed presentation of their product/service to the Evaluation Committee. The City will utilize a Best Value Scoring process when evaluating proposals. The Best Value Scoring will require the Evaluation Committee to assign a composite score rank, based on the Committee's determination of the relative overall value of the Proposer's response. Composite scores will rank responses from 1 (1st place), 2 (2nd place), and so on, for the total number of responses under consideration. The Evaluation Committee will evaluate and rank responsive, qualified Proposals received on the basis of the criteria below: # CRITERIA 1 Firm Qualifications: Experience in field, workload of current projects. 2 Approach: Understanding the scope of work, ability to comply with the full scope of work, technical soundness of Proposal. 3 Price Proposal: Estimated total cost of project 4 References Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 20 9. AWARD OF AGREEMENT Award shall be made by the City to the responsible Proposer whose Proposal is determined to be the most advantageous to the City, taking into consideration price and the evaluation criteria set forth below. The City of Dania Beach reserves the right to accept the Proposal as a whole, or for any component of it if it appears to be in the best interest of the City Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 21 10. PUBLIC RECORDS If selected, the following will apply: A. Proposer agrees to keep and maintain public records in Proposer’s possession or control in connection with Proposer’s performance under the Agreement. Proposer additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. Proposer shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion of the Agreement until the records are transferred to the City. B. Upon request from the City custodian of public records, Proposer shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with the Agreement are and shall remain the property of the City. D. Upon completion of the Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the Proposer shall be delivered by the Proposer to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Proposer shall be delivered to the City in a format that is compatible with the City’s information technology systems. Once the public records have been delivered upon completion or termination of the Agreement, the Proposer shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. E. Any compensation due to Proposer shall be withheld until all records are received as provided in this RFP. F. Proposer’s failure or refusal to comply with the provisions of this section shall result in the immediate termination of the Agreement by the City. G. Section 119.0701(2)(a), Florida Statutes IF THE PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROPOSER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, THE PROPOSER MUST CONTACT THE CITY CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: 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 Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 22 11. INSURANCE REQUIREMENTS Insurance 11.1 INSURANCE REQUIREMENTS A. Insurance Required Before Commencement of Work: The Contractor shall not commence Work under the Agreement until Contractor has obtained all insurance required under this Section, and not until such time that the coverages are approved by the Risk Manager of the City. The Contractor shall not allow any employee of Contractor or any Subcontractor to commence Work 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, Contractor shall be responsible for any and all policy deductibles and self-insured retentions. B. Insurance Requirements: Coverages shall be in force until all Work 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 Contractor 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 CONTRACTOR AND ANY SUBCONTRACTOR SHALL NOT PERFORM OR CONTINUE WORK 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 BE SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE AGREEMENT OR ELSEWHERE IN THE SOLICITATION DOCUMENTS CONCERNING CONTRACTOR DELAY. C. Required Minimum Coverages: The below coverages are minimum limit requirements. Umbrella or Excess Liability policies are acceptable to provide the total required liability limits, as long as the Risk Manager of the City reviews and approves in writing the insurance limits on each of the policies. The City must approve any changes to these specifications and has the right to review and amend coverage requirements. The CONTRACTOR shall be held responsible for any modifications, deviations, or omissions in these insurance requirements. CONTRACTOR shall be responsible for any deductible amounts. D. Commercial General Liability 1. Limits of Liability (Minimum) Bodily Injury & Property Damage Liability Each Occurrence $1,000,000 Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 23 Policy Aggregate $2,000,000 Personal & Advertising Injury $1,000,000 Products & Completed Operations $1,000,000 2. Endorsements Required – Include in body of COI and/or Description of Operations Annual Aggregate shall apply “Per Project/Job”, if available Waiver of Subrogation in favor of the City, if available Insurance shall apply on a primary and non-contributory basis “The City of Dania Beach, Florida” is included as “Additional Insured” If Vendor’s Insurance includes coverage for with an “As Required by Written Agreement/Contract” provision, then the following must be in place to establish such written agreement and trigger coverage: o An executed written contract between the City and Vendor including these requirements; OR o Statement on a Purchase Order or Invoice or other attachment thereof which includes the following verbiage: “Vendor will provide proof of General Liability insurance with Limits of $1,000,000 Per Occurrence/$2,000,000 General Aggregate. City is included as Additional Insured.” E. Business Automobile Liability 1. Limits of Liability (Minimum) Bodily Injury and Property Damage Combined Single Limit $1,000,000 Any Auto/Owned Autos or Scheduled Autos Including Hired and Non- Owned Autos Any One Accident 2. Endorsements Required-Include in body of COI and/or Description of Operations City of Dania Beach included as an additional Insured if appropriate and available F. Workers’ Compensation / Employers’ Liability 1. Workers Compensation Limits: Statutory - State of Florida Waiver of Subrogation in favor of City, if available 2. Employers Liability Limits: Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 24 $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limitWorkers Compensation must be provided for all persons fulfilling this contract, whether employed, contracted, temporary or subcontracted.Contractor(s) must be in compliance with all applicable state and federal workers’ compensation laws, including US Longshore and Harbor Workers Compensation Act, Jones Act (maritime), Federal Employers Liability Act (railroad), etc.In no event shall Vendor be permitted to utilize in the execution of this agreement, the following: i. any employee, subcontractor or subcontractor employee that is exempted or purported to be exempt from Workers’ Compensation insurance coverage; or ii. any employee, subcontractor or subcontractor employees who will be covered by an employee leasing arrangement G. Umbrella/Excess Liability (Excess Follow Form) can be utilized to provide the required limits. Coverage shall be “following form” and shall not be more restrictive than the underlying insurance policy coverages, including all special endorsements and City as Additional Insured status. Umbrella should include Employer’s Liability. H. Other Conditions Required: Subcontractors’ Compliance: It is the responsibility of the contractor to ensure that all subcontractors comply with all insurance requirements. Cancellation Requirements: Required insurance shall always be maintained while vendor is on or utilizing City premises. The above policies shall provide the City of Dania Beach with 10 days’ written notice of cancellation or material change from the insurer. If the policies do not contain such a provision, it is the responsibility of the Contractor to provide such notice. Notice Requirements: If an insurable incident occurs while vendor is engaged in a City project, notification to the City is required. Insurance Carrier Financial Stability Requirements: Insurance must be provided by companies authorized to do business in the State of Florida. City reserves the right but not the obligation to reject any insurer providing coverage due to poor or deteriorating financial condition. • The Company must be rated no less than “A-” as to management, and no less than “Class VII” as to financial strength, by the latest edition of Best Insurance Guide published by A.M. best Company, or its equivalent. All policies or certificates of insurance are subject to review and verification by Risk Management. If a company is downgraded during the agreement term, Vendor shall notify the City. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 25 Certificates of Insurance/Verification of Coverage: Proof of the required insurance must reflect all required insurance above will be furnished by Vendor to the City of Dania Beach Human Resources Department by Certificate of Insurance within 5 days of notification of award. All certificates (and any required documents) must be received and approved by Human Resources before any work commences to permit Vendor time to remedy any deficiencies. • Valid Certificates verifying coverage is in force as required above must be on file with the City at all times during contract. If the policies renew during the term of the Contract, updated Certificates verifying coverage is in force shall be submitted to the City within 10 days of expiration. Contractor and/or any Subcontractor shall not perform or continue to work pursuant to this agreement, unless all coverages remain in full force and effect; work delay is subject to provisions in this agreement. If vendor fails to provide proof of insurance within 7 days of City’s receipt of notice at any time during this agreement, the City shall have the right to consider the agreement breached and therefore terminated. • A copy of Additional Insured Endorsement or other endorsements may be attached to the Certificate. o Notices/ Certificate Holder: City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 o City of Dania Beach CRA (If Applicable) 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Email: Wayne Fletcher, Risk Manager The City of Dania Beach, Florida reserves the right to review/revise, reject or accept any required policies of insurance, including limits, coverages or endorsements, herein at the time of the insurance submission. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 26 12. INDEMNIFICATION GENERAL INDEMNIFICATION: Contractor shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, any sub-Contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Contractor in the performance of the Work; or c). liens, claims or actions made by the Contractor or any sub- contractor under Workers’ Compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney fees, incurred by the City to enforce this agreement shall be borne by the Contractor. Without limiting the foregoing, any and all such claims, suits, etc., relating to personal injury, death, damage to property, defects in materials or workmanship, actual or alleged infringement of any patent, trademark, copyright or of any other tangible or intangible personal or property right, or any actual or alleged violation of any applicable statute, ordinance, administrative order, rule or regulation or decree of any court, is included in the indemnity. Successful Proposer further agrees to investigate, handle, respond to, provide defense for, and defend any such claims, etc., at its sole expense and agrees to bear all other related costs and expenses, even if the claim(s) is groundless, false, or fraudulent. Pursuant to Section 725.06, Florida Statutes, the indemnification required by this Section is limited to $1,000,000.00, which the parties agree bears a reasonable commercial relationship to the Agreement. In case of injury to persons, animals, or property, real or personal, by reason of failure to erect or maintain proper and necessary barricades, safeguards, and signals or by reason of any negligence of any Successful Proposer, or any of the Successful Proposer’s agents, servants, or employees during the performance of the work before the estimates have become due under this Agreement, the City may, through its officials, withhold such payments as long as it may deem necessary for the indemnity of the City, provided that the failure to pay the same shall not be construed or considered as a waiver of the indemnity as hereinabove set forth. The parties recognize that various provisions of this Agreement, including but not necessarily limited to this Section, provide for indemnification by the Contractor and that Section 725.06, Florida Statutes, requires a specific consideration to be given. The parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is acknowledged and agreed upon, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Contractor. Furthermore, the parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. Upon completion of all Services, obligations and duties provided for in the Agreement, or in the event of termination of the Agreement for any reason, the terms and conditions of this provision shall survive indefinitely. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 27 The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney fees (including appellate attorney fees) and costs. The Successful Proposer shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney fees (including appellate attorney's fees) and costs. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Successful Proposer under the indemnification agreement. Nothing contained in this RFP is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute Section 768.28 as amended from time to time. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 28 13. INDEPENDENT CONTRACTOR An Agreement resulting from this solicitation does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under the Agreement and not the City’s employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor’s activities and responsibilities under this RFP provided, further that administrative procedures applicable to services rendered under any potential Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor’s funds provided for in this document. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. Any potential Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages, overtime premiums or both. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 29 14. DEBARMENT AND SUSPENSION Contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Non-procurement Debarment and Suspension). These regulations restrict awards, sub-awards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II, I; and Chapter IV,6. d and Appendix C, 2. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530; Chapter IV,6. d and Appendix C,2. d. In general, an "excluded" party cannot receive a federal grant award or a contract within the meaning of a "covered transaction," to include sub-awards and subcontracts. This includes parties that receive federal funding indirectly, such as contractors to recipients and sub-recipients. The key to the exclusion is whether there is a "covered transaction," which is any non-procurement transaction (unless excepted) at either a "primary" or "secondary" tier. Although "covered transactions" do not include contracts awarded by the federal government for purposes of the non-procurement common rule and Department of Homeland Security’s implementing regulations, it does include some contracts awarded by recipients and sub- recipient. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 30 15. SCRUTINIZED COMPANIES Contractor 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 Contractor 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. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 31 16. VERFICATION OF EMPLOYMENT ELIGIBILTY Contractor represents that Contractor and each Sub-contractor 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, Municipality may immediately terminate this Agreement for cause and Contractor shall be liable for all costs incurred by Municipality due to the termination. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 32 17. DELIVERIES Any item requiring delivery by the Proposer or by sub-contractors shall be delivered F.O.B. destination to a specific City address. All delivery costs and charges must be included in the Proposal price. If delivery of an item is required, the City reserves the right to cancel the delivery order(s) or any part of it, without obligation if delivery is not made at the time specified in the Proposal. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 33 18. WARRANTIES A. Successful Proposer warrants to City that the consummation of the work provided for in the Contract documents will not result in the breach of any term or provision of, or constitute a default under any indenture, mortgage, contract, or agreement to which Successful Proposer is a party. B. Successful Proposer warrants to City that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. C. Successful Proposer warrants to City that it will comply with all applicable federal, state and local laws, regulations and orders in carrying out its obligations under the Contract. D. All warranties made by Successful Proposer together with service warranties and guarantees shall run to City and the successors and assigns of City. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 34 19. COPYRIGHTS OR PATENT RIGHTS The Proposer warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered, if any, as a result of this Proposal. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 35 20. SAFETY STANDARDS The Proposer warrants that the product(s) supplied to the City shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970 as amended, and shall be in compliance with Chapter 442, Florida Statutes as well as any industry standards, if applicable. Any toxic substance listed in Section 38F- 41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sheet (MSDS). Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 36 21. INSPECTION The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified in this RFP. Any of the items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City or replaced at the entire expense of the successful Contractor. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 37 22. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex, pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that it will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 38 23. MINORITY / WOMEN’S / LABOR SURPLUS FIRMS PARTICIPATION The City of Dania Beach, in accordance with the requirements as stated in C.F.R. 200.321 encourages the active participation of minority businesses, women’s business enterprises and labor surplus area firms as a part of any subsequent agreement whenever possible. If subcontracts are to be let, through a prime contractor, that contractor is required to take the affirmative steps listed in items (1) through (5) below. A. Placing qualified small and minority businesses and women's business enterprises on solicitation lists. B. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. D. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 39 24. TAXES Successful Proposer shall pay all applicable sales, consumer use and other similar taxes required by law. The City of Dania Beach is exempt from all federal, state, and local taxes. An exemption certificate will be provided where applicable upon request. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 40 25. PERMITS, FEES AND NOTICES Successful Proposer shall secure and pay for all permits and fees, licenses and charges necessary for the proper execution and completion of the work, if applicable. The costs of all permits, fees, licenses and charges shall be included in the Price Proposal except where expressly noted in the specifications. During the performance of the Contract, there may be times when the Contractor will be required to obtain an Owner permit for such Work, or in connection with the items or services. It is the responsibility of the Contractor to insure that it has the appropriate Owner permits as may become necessary during the performance of the Contract. Any fees related to the Owner required permits in connection with the Contract will be the sole responsibility of the Contractor. Licenses, permits, and fees that may be required by Broward County, state or federal entities are not included in the above list. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 41 26. PERFORMANCE Failure on the part of the Proposer to comply with the conditions, terms, specifications and requirements of the Proposal shall be just cause for cancellation of the Proposal award. The City may, by written notice to the Proposer, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 42 27. TERMINATION OF CONTRACT If the successful Proposer fails to provide the Services or shall in any other manner commit a breach of the contract and fails to remedy the same within five (5) calendar days after written notice from the City, the City may terminate the contract resulting from the RFP without any further notice to the Proposer. City representatives will review the Services periodically to assure that the requirements of the contract are being met. If any portion of the Services are unsatisfactory, the Proposer shall be contacted, and the discrepancies corrected at no additional cost to the City. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 43 28. TERMINATION OF CONTRACT FOR CONVENIENCE The contract may be terminated for convenience by City upon fifteen (15) days’ advance written notice to Proposer (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, the Proposer shall be paid for all acceptable Services performed prior to termination and shall not be entitled to any other costs, fees or payments. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 44 29. TERMINATION OF CONTRACT FOR CAUSE If, through any cause, the Proposer shall fail to fulfill in a timely and proper manner its obligations under the contract, or if the Proposer shall violate any of the provisions of the contract, the City may upon written notice to the Proposer, terminate the right of the Proposer to proceed under the contract, or as to such part or parts of the contract for which there has been a default, and may hold the Proposer liable for any damages caused to the City by reason of such default and termination. In the event of such default and termination, any completed Services performed by the Proposer under the contract shall, at the option of the City become the City's property and the Proposer shall be entitled to receive equitable compensation for any Services completed to the satisfaction of the City. The Proposer, however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the contract by the Proposer, and the City may withhold any payments to the Proposer for the purpose of set-off until such time as the amount of damages due to the City from the Proposer can be determined Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 45 30. SUCCESSORS AND ASSIGNS; ASSIGNMENT; SUBLETTING The City and Contractor, respectively, will bind themselves, their partners, successors, assigns and legal representatives to the contract. Neither party to the contract shall assign it or sublet it or any portion of it, without the advance written consent of the other. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 46 31. EMPLOYEES OF THE PROPOSER A. Proposers shall only designate employees who are sufficiently skilled to provide the required services specified in the RFP. Any person employed to provide the Services who fails, refuses or neglects to obey the instructions of the City's representative in anything relating to the Services, or who appears to be disorderly, insubordinate, or incompetent shall upon the order of City's representative, be immediately relieved by the Proposer from performing the Services. Any interference with, or any abusive or threatening conduct toward any City representative, City assistants or inspectors by the Proposer, its employees or agents, or any member of the public shall be grounds for the City to terminate the contract and re-let the Services. The Proposer shall furnish all labor, materials, supplies and equipment necessary to properly maintain all Services areas where Services are conducted in an acceptable and safe condition. B. Proposer agrees that it or its officers, if a corporation or other legal entity, shall be held fully responsible, except as otherwise prohibited by law, for all acts of their employees while in their employ. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 47 32. OTHER GOVERNMENTAL ENTITIES If a Proposer is awarded a contract as a result of this RFP, Proposer will, if Proposer has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the RFP and resulting contract. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 48 33. UNBALANCED PROPOSAL PRICING When a unit price proposed has variable or estimated quantities, and the Proposal shows evidence of unbalanced Proposal pricing, such Proposal may be rejected. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 49 34. INFORMATION REQUESTS AFTER DUE DATE Pursuant to Florida Statutes Section 119.071 sealed Proposals or Proposals received by an agency pursuant to Invitations to Proposal or requests for Proposals are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to Florida Statutes §119.071(1) (b) (2), or within 30 days after Proposal/Proposal opening, whichever is earlier. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 50 35. BUDGETARY CONSTRAINT In the event the City is required to reduce contract costs due to budgetary constraints, all Services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. The Contractor shall also be provided with a minimum 30- day notice prior to any such reduction in budget. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 51 36. CONTINGENT FEES PROHIBITED The Proposer must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub-contractor, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 52 37. CONE OF SILENCE 37.1 Definitions “Cone of Silence,” as used in this solicitation, means a prohibition on any communication regarding a particular Request for Proposal (“RFP”), Request for Qualification (“ITB”) or bid, between: a potential vendor, service provider, proposer, bidder, lobbyist, or consultant, and: a City Commission member, City’s professional staff including, but not limited to, the City Manager and her staff, or any member of the City’s Evaluation Committee. 37.2 Restriction; Notice A Cone of Silence shall be imposed upon this RFP upon the advertisement of the RFP. At the time of imposition of the Cone of Silence, the City Manager or designee shall provide for public notice of the Cone of Silence by posting a notice at the City Hall. The City Manager shall issue a written notice as to the Cone of Silence to the affected departments, file a copy of such notice with the City Clerk, with a copy to each City Commissioner, and shall include in any public solicitation for goods or services a statement disclosing the requirements of this section. 37.3 Termination of Cone of Silence The Cone of Silence shall terminate at the beginning of the City Commission meeting (whether a regular or special meeting) at which the City Manager makes her written recommendation of award to the City Commission. However, if the City Commission refers the City Manager’s recommendation back to the City Manager or staff for further review, the Cone of Silence shall be re-imposed until such time as the City Manager makes a subsequent written recommendation. 37.4 Exceptions to Applicability The provisions of this section shall not apply to: o Oral communications at pre-bid conferences; o Oral presentations before the Evaluation Committee; o Public presentations made to the City Commission members during any duly noticed public meeting; o Communications regarding the RFP between a potential vendor, service provider, proposer, bidder, lobbyist or consultant and the City’s Procurement and Contract Services Agent or City employee designated as responsible for administering the procurement process for the RFP, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document; o Communications with the City Attorney and her staff; o Duly noticed site visits to determine the competency of a Proposer regarding the ITB during the time period between the opening of Proposals and the time the City Manager makes a written recommendation; Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 53 o Any emergency procurement of goods or services pursuant to City Code; o Responses to the City’s request for clarification or additional information; o Contract negotiations during any duly noticed public meeting; o Communications to enable City staff to seek and obtain industry comment or perform market research, provided all related communications between a potential vendor, service provider, proposer, bidder, lobbyist, or consultant and any member of the City’s professional staff including, but not limited to, the City Manager and staff are in writing or are made at a duly noticed public meeting. 37.5 Penalties Violation of this section by a particular Proposer shall render any ITB award or contract to the Proposer voidable by the City Commission or City Manager. Any person who violates a provision of this section may be prohibited from serving on a City selection or evaluation committee. In addition to any other penalty provided in this ITB, violation of any provision of this section by a City employee may subject the employee to disciplinary action. Please contact the City Attorney for any questions concerning “Cone of Silence” compliance. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 54 38. SPECIAL CONDITIONS 38.1 INTERPRETATION AND CLARIFICATION OF BIDDING DOCUMENTS A. All questions requiring interpretation or clarification of the bidding documents shall be submitted to the project’s Q&A in the portal by Monday, September 1, 2025 at 3:00 pm. Questions received after this time will not be addressed. B. Interpretations or modifications of the bidding documents made in any manner other than Addendum or Addenda issued by the City shall not be binding and shall have no effect. C. The Bidder, prior to submitting a bid, shall acknowledge any Addendum or Addenda issued by the City for this Project. D. Costs for those matters not questioned and not addressed in an Addendum or Addenda, shall be the responsibility of the Bidder, and Bidder shall be responsible to include such costs within the submitted Bid. E. Proposers shall use the Bid Document Forms furnished in the RFP. F. In the event of a mathematical error in the extension of any unit price, or addition of total price, the unit price shall prevail. G. Insurance Coverage: Bidders who are responding to the Request for Proposal (“RFP”) MUST comply with all of the Insurance Requirements specified in the General Terms and Conditions of the Bid Documents and the Agreement upon award to the successful Bidder. 38.2 QUALIFICATION OF PROPOSERS A. Bidders’ Qualifications: The Bidder shall complete the Bidders’ Questionnaire Section, along with any other evidence of satisfactory experience and ability to perform the proposed Work. The failure of Bidder to demonstrate successful performance of projects of a similar magnitude, scope and value as this project may be deemed to be grounds for declaring the Bidder to be non-responsible. B. Certified Financial Statement: If requested by the Owner, the Bidder shall submit a certified financial statement, prepared within thirty (30) days of submission of the bid, indicating current financial resources, liabilities, capital equipment, and financial history performance. C. Disqualification: A Bidder shall be disqualified and its unopened Bid shall be rejected by the City for any one or more of the following reasons: 1. Reason to believe that collusion exists among the Bidders. 2. The Bidder is or has been involved directly or indirectly in litigation or arbitration against the Owner within the past ten (10) years. 3. The Bidder has defaulted on any previous contract with the Owner within the past ten (10) years or is in arrears on an existing contract. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 55 4. The submittal of more than one Bid from an individual, firm, partnership, corporation or association under the same or different names. All such parties shall be disqualified. 5. Untimely bids shall be automatically and absolutely disqualified and returned unopened. Excuses for the untimely submittal shall not be accepted. The time of bid receipt documented by the City Clerk’s office shall determine the timeliness of the Bid. D. Non-responsible Bidder: A Bidder may be determined by the Owner to be “non-responsible” once Bids are opened, and a Bid may be rejected for any one or more of (but not limited to) the following reasons: Determination of a lack of competency as may be revealed by qualification statements, financial statements, experience records or other information disclosed to Owner by other sources. The Bidder's uncompleted or pending workload on other projects, which in the judgment of the Owner may cause detrimental impact on timely completion of the Work. The appearance of an unbalanced Bid, as determined by the Owner. If the Bidder makes one or more false statements or provides false information in connection with any portion of the bidding documents. If the Bidder fails to demonstrate successful performance and completion of projects of a similar magnitude, scope or value as this project. E. Non-responsive Bidder: A Bidder may be deemed to be non-responsive and a Bid may be rejected for any of, but not limited to, the following reasons: 1. If the Bidder fails to submit a complete Bid, including but not limited to, submitting evidence of all insurance coverages required by the Bid and the Contract Documents. 2. If the Bidder fails in any way to abide by any of the provisions of the Contract Documents. 38.3 BILLING PROCEDURE The preferred method for invoices is to send via email to ap@daniabeachfl.gov. A copy may also be mailed to City Hall. City of Dania Beach Finance Department Attn: Accounts Payable 100 West Dania Beach Boulevard Dania Beach, Florida 33004 with a copy to: City of Dania Beach Public Services Department Attn: Fernando Rodriguez 100 West Dania Beach Boulevard Dania Beach, Florida 33004 The City will pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, and subject to adjustments as provided in the Contract Documents, the amounts equal to the sum of the Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 56 unit, lump sum price or both established for each separately identified work item, times the estimated quantity of that item, as indicated in the Schedule of Prices. As provided in the Bid, the quantities entered in the Schedule of Prices for each item of work is an estimate only and the final Contract amount and the total payment made to the Contractor will be based on the actual number of units of each work item incorporated in the Work of the Contract. It is understood that the unit prices quoted or established for work items will be used for computing the amount to be paid to the Contractor, based on the quantities actually constructed as determined by the applicable measurement and payment portion of the Specifications. 38.4 PROGRESS PAYMENTS The Contractor may requisition payments for work completed during the project at intervals of not more than once a month. The Contractor's requisition shall show a complete breakdown of the project components, the quantities completed and the amount due, together with properly executed Releases of Liens by all subcontractors, suppliers and materialmen who were included in the Contractor's current and previous applications for payment and any other supporting documentation as may be required by the City or Contract Documents. The City shall make payment to the Contractor within thirty (30) calendar days after approval of the Contractor's requisition for payment. Five percent (5%) of all monies earned by the Contractor shall be retained by the City until the work is totally completed as specified and accepted by the City. The City may withhold in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: A. Defective work not remedied. B. Claims filed or reasonable evidence indicating the probable filing of claims by other parties against the Contractor. C. Failure of the Contractor to make payment to subcontractors or suppliers for materials or labor. D. Damage to another Contractor not remedied. E. Liability for liquidated damages that has been incurred by the Contractor. F. Reasonable evidence that the work cannot be completed for the unpaid balance of the Contract Sum. G. Reasonable evidence that the work will not be completed within the Contract Time. H. Persistent failure to carry out the work in accordance with the Contract Documents. When the above grounds are removed or resolved or the Contractor provides a surety bond or consent of surety satisfactory to the City, which will protect the City in the amount withheld, payment may be made in whole or in part. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 57 39. PROPOSER SUBMISSIONS 1 PROPOSER QUALIFICATIONS Note: Information requested in the RFP and submitted by Proposers will be analyzed by the City of Dania Beach and will be a factor considered in awarding any resulting contract. The purpose is to ensure that the successful Bidders in the sole opinion of the City of Dania Beach can sufficiently and efficiently perform all the required services in a timely and satisfactory manner as will be required by the subject contract. If there are any terms or conditions that are in conflict, the most stringent requirement shall apply. 1.1 Please upload your cost proposal here. * *Response required 1.2 Please upload your proposal response here. * This should include all items outlined in Section 7 Proposal Requirements. *Response required 1.3 Authorized representative contact information?* Please include the name, title, phone and email of the authorized representative *Response required 1.4 Entity type?* ☐ Corporation ☐ Partnership ☐ Individual ☐ Other (specify below) *Response required 1.5 If you selected other please specify: 1.6 If you selected corporation please enter date of incorporation and state in which incorporated: 1.7 If an out-of-state Corporation or entity, must be currently authorized to do business in Florida by the Office of the Florida Secretary of State ☐ Please confirm 1.8 Please include the name and title of Principal Officers and the date they were elected:* *Response required 1.9 How many years has your organization been in business?* Enter years *Response required 1.10 The length of time (continuous) in business in Florida:* Enter years *Response required Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 58 1.11 Please upload a copy of a county or municipal Business Tax Receipt* *Response required 1.12 Please upload the Resumes of key personnel who will be assigned to Project Work and a description of the role of each person within the company* *Response required 1.13 Have you ever failed to complete any work awarded to you?* ☐ Yes ☐ No *Response required When equals "Yes" 1.13.1 If yes, please explain below* *Response required 1.14 Within the last five years, has any officer or partner of your organization ever been an officer or partner of another organization that failed to complete an Agreement?* ☐ Yes ☐ No *Response required When equals "Yes" 1.14.1 If yes, please explain below* *Response required 1.15 Within the last five years, have you ever had a performance, payment or bid bond called?* ☐ Yes ☐ No *Response required When equals "Yes" 1.15.1 If yes, please explain below* *Response required 1.16 Have you, any officer or partner of your organization, or the organization been involved in any litigation or arbitration against the City?* ☐ Yes ☐ No *Response required When equals "Yes" 1.16.1 If yes, please explain below* *Response required Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 59 1.17 Within the last five years, have you, any officer or partner of your organization, or the organization or parent company or its subsidiaries been involved in any litigation or arbitration against any other Florida public entity?* ☐ Yes ☐ No *Response required When equals "Yes" 1.17.1 If yes, please explain below* *Response required 1.18 Within the last five years, have you, any officer or partner of your organization, or the organization or parent company or its subsidiaries been involved in any litigation or arbitration against any private entity for an amount greater than $100,000?* ☐ Yes ☐ No *Response required When equals "Yes" 1.18.1 If yes, please explain below* *Response required 1.19 Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent company been charged or indicted for any criminal activity within the last five years?* ☐ Yes ☐ No *Response required When equals "Yes" 1.19.1 If yes, please explain below* *Response required 1.20 Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent company been convicted or fined for any criminal activity within the last five years?* ☐ Yes ☐ No *Response required When equals "Yes" 1.20.1 If yes, please explain below* *Response required Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 60 1.21 Within the last five years, have you, any officer or partner of your organization, or the organization been investigated by any local, state, or federal law enforcement agency, criminal justice agency or inspector general office?* ☐ Yes ☐ No *Response required When equals "Yes" 1.21.1 If yes, please explain below* *Response required 1.22 Within the last five years, have you, any officer or partner of your organization, or the organization communicated with any local, state, or federal law enforcement agency, criminal justice agency or inspector general office relating to goods or services provided or performed for any governmental entity?* ☐ Yes ☐ No *Response required When equals "Yes" 1.22.1 If yes, please explain below* *Response required 1.23 Within the last five years, have there been any reports or audits relating to you, any officer or partner of your organization, or the organization issued by any local, state, or federal law enforcement agency, criminal justice agency or inspector general office.* ☐ Yes ☐ No *Response required When equals "Yes" 1.23.1 If yes, please explain below* *Response required 1.24 Within the last five years, have you, any officer or partner of your organization, or the organization failed to disclose or made misrepresentations to any governmental entity regarding conflicts of interest or potential or apparent conflicts of interest?* ☐ Yes ☐ No *Response required When equals "Yes" Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 61 1.24.1 If yes, please explain below* *Response required 2 Commercial/Government References Provide a list of at least five commercial or government references that the successful Bidder has supplied service/commodities meeting the requirements of the City of Dania Beach specifications, within the last five (5) years 2.1 Reference 1* Please include: Project Title Address Owner & Owner's Telephone Number Contract Value Percent Complete and Completion Date *Response required 2.2 Reference 2* Please include: Project Title Address Owner & Owner's Telephone Number Contract Value Percent Complete and Completion Date *Response required 2.3 Reference 3* Please include: Project Title Address Owner & Owner's Telephone Number Contract Value Percent Complete and Completion Date *Response required Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 62 2.4 Reference 4* Please include: Project Title Address Owner & Owner's Telephone Number Contract Value Percent Complete and Completion Date *Response required 2.5 Reference 5* Please include: Project Title Address Owner & Owner's Telephone Number Contract Value Percent Complete and Completion Date *Response required 3 BIDDER'S QUESTIONNAIRE The undersigned guarantees the truth and accuracy of all statements and answers contained below: 3.1 List below all pertinent information and data that would indicate the ability of your organization and management personnel to perform satisfactorily.* *Response required 3.2 Have you personally completed a plan for performance of the work?* *Response required 3.3 Have you ever failed to complete work awarded to you?* ☐ Yes ☐ No *Response required When equals "Yes" 3.3.1 If so, when, where and why?* *Response required Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 63 3.4 What equipment do you own that is available for work? 3.5 Has your company ever been debarred or held in default in Broward, Miami-Dade, or Palm Beach Counties or elsewhere by any other governmental entity?* *Response required 3.6 How many employees (Contractors only) will be assigned to perform the services?* *Response required 3.7 How many supervisors will be assigned to perform the services?* *Response required 3.8 Will personnel be part of a regular crew assigned to perform the services? * ☐ Yes ☐ No *Response required 3.9 Will you be able to provide service for emergency situations? * ☐ Yes ☐ No *Response required When equals "Yes" 3.9.1 If so, how much notice is required?* *Response required 3.10 What equipment do you own that is available to complete the Project?* EVERY PIECE OF EQUIPMENT MUST HAVE ORIGINAL FACTORY GUARDS AND SHIELDS INSTALLED AND FUNCTIONING AT THE TIME OF WORK. *Response required 3.11 Please attach copies of any licenses, awards, certificates, etc., that you may have. 4 REQUIRED FORMS 4.1 Will you be utilizing Surety2000 Bid Bond verification?* Select no if uploading your bid bond ☐ Yes ☐ No *Response required When equals "Yes" 4.1.1. Surety2000 Bid Bond* Please enter your Bid Bond information from Surety2000 below. *Response required Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 64 When equals "No" 4.1.2 Bid Security* Please download the below documents, complete, and upload. • BID_BOND.pdf *Response required 4.2 DRUG-FREE WORKPLACE CERTIFICATION* Whenever two (2) or more bids/Bids, which are equal with respect to price, quality, and service, are received by the CITY OF DANIA BEACH for the procurement of commodities or contractual services, a bid/Bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. B. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. C. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number (1). D. In the statement specified in number (1), notify the employees that as a condition for working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction on or plea of guilty or no contest to any violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or any singular state, for a violation occurring in the workplace no later than five (5) days after such conviction. E. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by any employee who is so convicted. F. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Section 287.087, Florida Statutes. By confirming I certify that said Company has implemented a drug-free workplace program, which meets the requirements of Section 287.087, Florida Statutes, which are identified in letters (A) through (F) above. ☐ Please confirm *Response required 4.3 Affidavit of Compliance with Anti-Human Trafficking Laws* Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding. Frost Park Sport Court Conversion Project (Re-issue) Request For Proposal (“RFP”) No. 25-023 65 • Anti-Human_Trafficking_Exhi... *Response required 4.4 Public Entity Crimes Form* Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding. • City_of_Dania_Beach_Florida... *Response required 4.5 Non Collusion Affidavit* Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding. • Non_Collusion_Affidavit.pdf *Response required 4.6 Acknowledgment of Addenda* Please download the below documents, complete, and upload. • Acknowledgment_of_Addenda.pdf *Response required 4.7 Certificate of Accuracy of Proposal* Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding. • Certification_to_Accuracy_o... *Response required 4.8 Please upload your company's Certificate of Insurance (COI)* A general certificate of insurance should be uploaded in this section. If you are selected, you will be required to provide a corrected certificate of insurance with updated dates and additionally insured. *Response required Franky Lazo Deputy Director of Parks and Recreation - City of Dania Beach 100 W Dania Beach Blvd Dania Beach, Florida 33004 954-924-6800 X 3730 Date:10/3/2025 PROJECT:FROST PARK - Sports Court Renovations LOCATION:100 W Dania Beach Blvd Dania Beach Florida 33004 1 BID DOCUMENTS: 1 Site Visit 2 PROJECT DESCRIPTION: 1 Resurface two (2) Tennis Courts, convert one (1) Tennis Court into 6 Pickleball Courts, and one (1) Full Court Basketball Court 3 SCOPE OF WORK 1 Custom Pickleball Courts shall provide the materials, labor, and equipment as required, to perform the following construction services: A PERMITTING 1 Pull all necessary permits for this scope of work. Permitting cost / Testing fees/ Inspection fees not included and will be billed as actual. Assume 10% of total. B SITE PREPARATION 1 Remove and Dispose Handball Wall. 2 Remove and Dispose Basketball Hoop Systems. 3 Remove and Dispose Tennis Post Net Systems. 4 Saw Cut 7,686 SF as follows: 2,970 SF on North end, 1,746 on East end, and 2,970 SF on South end. 5 Grading and replacement of 7,686 SF of New Virgin Asphalt. 6 ADA compliant asphalt pathways to provide equestrian access to courts. CITY OF DANIA BEACH CONSTRUCTION PROPOSAL: Upon review of the bid documents, for the above referenced project, Custom Pickleball Courts, LLC present the following scope of work and pricing. C TENNIS COURT RESURFACING 1 Repair cracks up to 1,000 SF (Combined across the entire footprint including basketball and tennis) with Riteway Crack Repair System.2 Surface the entire court area (approximately 120' x 120') using Laykold (or equivalent) materials with a three-coat system consisting of one coat of acrylic resurfacer and two coats of colored paint. 3 Layout and stripe the tennis courts to meet USTA standards, install two (2) sets of poles, two (2) tennis nets with center straps to leave the courts ready for play. 4 City of Dania Beach will choose up to two paint colors for the courts. CPC not responsible for damage to sod, landscaping, sidewalk, or pavers due to access. D PICKLEBALL COURT RESURFACING 1 Surface the entire court area (approximately 100' x 110') using Laykold (or equivalent) materials with a three-coat system consisting of one coats of acrylic resurfacer and two coats of colored paint. 2 Layout and stripe the pickleball courts to meet USA Pickleball standards, provide six (6) sets of poles, six (6) pickleball nets with center straps to leave the courts ready for play. 3 City of Dania Beach will choose up to two paint colors for the courts. CPC not responsible for damage to sod, landscaping, sidewalk, or pavers due to access. E BASKETBALL COURT RESURFACING 1 Surface the entire court area (approximately 50' x 100') using Acrylic materials with a three-coat system consisting of one coat of acrylic resurfacer and two coats of colored paint. 2 Layout and stripe one (1) basketball court to meet Junior High School Standards, provide two (2) Dominator 724- AA basketball systems to leave the courts ready for play. 3 City Of Dania Beach will choose up to two paint colors for the courts. CPC not responsible for damage to sod, landscaping, sidewalk, or pavers due to access. F FENCING 3 Furnish and install ~310 LF of 4’ galvanized chain link fence to separate courts (Interior Dividers). 3" OD terminal poles, 2 1/2" OD line poles, 1 5/8" OD Top, SCH 40 gauge posts and SCH 20 Gauge Rails x 1 3/4" galvanized chain link fence mesh with top and bottom rail. 4 Base Contract and Add on Options: Tennis, Basketball, Pickleball Courts Resurfacing, and Fencing 171,513$ ADD ALTERNATE # 1 - Saw Cut and remove and replace Fencing 10' Chainlink ~ 60 LF 4,488$ NOTE: ALL PRICING OUTLINED IN THIS PROPOSAL IS VALID FOR PROJECTS COMMENCING IN 2025. SHOULD THE PROJECT BEGIN IN 2025 AND EXTEND TO 2026, THE RATES AND MATERIAL COSTS STATED HEREIN WILL BE HONORED THROUGH COMPLETION. IF THE PROJECT IS DELAYED AND COMMENCES IN 2026, THE PACKAGE PRICE IS SUBJECT TO A 7% INCREASE TO ACCOUNT FOR PEOJECTED MATERIAL AND LABOR ADJUSTMENTS. 5 PAYMENT 40% deposit upon proposal acceptance 30% upon asphalt placement 20% upon painting of courts 10% upon completion Custom Pickleball Courts 4018 N 30th Ave, Hollywood, FL 33020 Office: 954.361.8874 | www.custompickleballcourts.com 2 of 4 6 TERMS AND CONDITIONS 1 This contract is agreed upon by all parties, with any modifications or deviations requiring written approval and signatures from all parties involved. 2 Work will not commence without a signed proposal and deposit. The quote provided excludes engineering layout, shop drawings, testing, as-builts, dumpster or disposal fees, or bonding unless otherwise specified in the scope of work. 3 Custom Pickleball Courts, LLC cannot guarantee elimination of standing water, pre-existing cracks, or defects. The customer must provide water, electricity, and necessary hookups at no cost to the contractor. 4 Custom Pickleball Courts, LLC is not responsible for damage to irrigation systems, underground utilities, or surrounding areas during the construction process. The customer is responsible for providing stable access to the court. 5 Upon job completion, Custom Pickleball Courts, LLC will clean up all debris, materials, and trash. The customer must provide a wash-down area for equipment and containers. Custom Pickleball Courts, LLC will make efforts to protect surrounding areas but is not responsible for paint residue or damage to grass in the staging area. 6 Custom Pickleball Courts, LLC is not responsible for damages caused by pedestrians breaking through barricaded areas, trespassing, or tracking materials. 7 A 2% interest rate per month applies to past-due balances. Deposits are non-refundable upon contract cancellation by the client. 8 Custom Pickleball Courts, LLC reserves the right to withdraw the proposal before work commencement due to unforeseen cost increases. 9 Certificates of insurance will be provided upon request before work commencement. Additional mobilization charges apply for resurfacing/maintenance and paving/grading. 10 This contract serves as a legally binding attachment to any agreement between Custom Pickleball Courts, LLC and the financially responsible company. Written and signed agreements are required for any deviations or modifications to the contract. 11 Custom Pickleball Courts, LLC is not responsible for damages to the court area and facilities beyond its control. The customer has 7 days after project completion to request resolution of punch list items; otherwise, the project is deemed acceptable, and payment is due as per contract terms. 12 Custom Pickleball Courts, LLC may pass on additional costs via change orders due to inflation, labor shortages, or material cost increases. Change orders will be issued and disclosed as soon as possible. 13 In case of non-payment, Custom Pickleball Courts, LLC has the right to file a lien against the property. No further work will be scheduled if installment payments are not made as specified. 14 If necessary, the customer agrees to pay reasonable attorney fees for securing payment according to this agreement. In the event of litigation, the prevailing party is entitled to collect attorney’s fees and litigation costs from the opposing party. 15 If disputes arise between the parties, they agree to resolve the issue through mediation or arbitration, with the mediator or arbitrator chosen by mutual consent. The parties agree that mediation or arbitration shall be binding and conducted according to the rules and procedures agreed upon by both parties. 16 Interest of 2% per month will be charged on accounts past due. Custom Pickleball Courts 4018 N 30th Ave, Hollywood, FL 33020 Office: 954.361.8874 | www.custompickleballcourts.com 3 of 4 7 GUARANTEE 1 Custom Pickleball Courts, LLC guarantees workmanship and materials for one (1) year from the date of completion. 2 The guarantee excludes normal wear and tear, physical abuse, neglect, and any conditions beyond our control, such as: a. Sub-base settling b. Structural cracks c. Asphalt shrinkage cracks d. Hydrostatic pressure or water vapor pressure bubbles e. Weed or grass intrusion 3 Existing cracks may reappear at any time. 4 Proper tennis shoes must be worn on the court. The guarantee does not cover damage caused by certain sneakers, street shoes, dark-soled shoes, skateboards, rollerblades, or other items that may scuff or damage the surface. 5 The guarantee becomes void if the owner fails to comply with the payment schedule. Sincerely, Lonny Anger President This quote is valid for 30 days. Should you have any questions regarding our scope of work, please give me a call at 917.213.7676 We look forward to the opportunity of working with your team in the successful completion of this project. Custom Pickleball Courts 4018 N 30th Ave, Hollywood, FL 33020 Office: 954.361.8874 | www.custompickleballcourts.com 4 of 4 City of Dania Beach Community Development Memorandum DATE: 10/28/2025 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 Claudia Viviana Batista, Planning & Zoning Manager Alejandra Cuervo, Planner SUBJECT: OT-019-25: The property owners, Tammie and Ellis James, are requesting a Waiver of Replat approval for vacating the northern 100 feet of NW 12th Avenue. Request: WAIVER OF REPLAT To waive the replating requirement for a Vacation Right-of-Way; Land Development Code requires easement and streets to be vacated by establishment of a new Plat, per Section 655- 30(D). PROPERTY INFORMATION EXISTING ZONING: Neighborhood Residential (NBHD-RES) LAND USE DESIGNATION: Regional Activity Center (RAC) SITE ACREAGE: 0.139-acre (6,031 SF) Net/ EXISTING USE: Dead end road VIOLATIONS ON PROPERTY No open violations on this property. Background: The applicant is requesting for the City to vacate a 70-foot-wide strip of land that is a Right-of- Way (ROW) located east of the property for a total of approximately 100 linear feet. The City’s Land Development Code (LDC), Section 655-30(D) states that “no platted street, alley or other property dedicated to the public use shall be vacated or abandoned except by a new plat submitted to and approved by the City Commission, showing the condition of the area after such vacation and abandonment; however, if it is determined by the City Commission that the submission and approval of such new plat would cause an undue hardship to the property owner requesting such a vacation or abandonment, the submission and approval of such new plat may be waived by the City Commission.” Replating the property would require amending the Plat for the entire neighborhood, which includes 25 residential homes. The associated Vacation application affects one home within the plat. Therefore, replating is unnecessary. This application will be followed by the second reading of the Vacation application which required the Planning and Zoning Board recommendation. Comprehensive Plan This application supports the associated Vacation application which implements the City’s Comprehensive Plan by furthering the following goals: Housing and Neighborhood Element • Goal 2.2 Too assure citizens have decent, safe, resilient and sanitary housing in neighborhood environments that are attractive, secure, and free from urban blight. • Policy 11.1.1.2 The City will continue to respect the judicially acknowledged and constitutionally protected right of a property owner to physically possess and control their interests in the property, including easements, leases, or mineral rights. • Objective 2.2.1 To maintain the integrity of existing residential neighborhoods and to promote their preservation and rehabilitation. Staff Analysis The requested Waiver of Replat application has been reviewed by the Planning and Zoning Division. As part of the review process, the Division consulted with the Broward County Planning Council to confirm whether replating of the subject property would be required. Broward County has verified that the proposed roadway vacation does not necessitate replating. This request and the associated Vacation application supports the provision of decent, safe, resilient, and sanitary housing for residents, while promoting neighborhood environments that are visually appealing, secure, and free from conditions of urban blight. Staff finds the Vacation application affecting one (1) home and should not require replating for the entire neighborhood. City Commission Previous Action On September 25, 2025, the City Commission continued this item to October 28, 2025 to allow St. Ruth’s time to seek legal representation. Budgetary Impact None Recommendation Based on the staff analysis above, Community Development staff is recommending approval of the resolution to waive the replating requirement from Code Sec. 655-30(D). RESOLUTION NO. 2025-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PURSUANT TO THE REQUIREMENTS OF SECTION 655-40, OF THE LAND DEVELOPMENT CODE (LDC) APPROVING THE WAIVER OF REPLAT REQUEST (OT-019-25) SUBMITTED BY THE PROPERTY OWNER, TAMMIE AND ELLIS JAMES, FOR THE PROPERTY GENERALLY LOCATED EAST OF 255 NW 12TH AVENUE IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 28, Land Development Code (the “LDC”), Part 6 “Development Review Procedures and Requirements,” Article 655, “Vacations of Right-of-Way,” states that no platted street alley or other property dedicated to the public use shall be vacated or abandoned except by a new plat submitted to and approved by the City Commission, unless the City Commission waives the requirement of a new plat; and WHEREAS, the property owner, Tammie and Ellis James, (the “Applicant”), has requested a waiver of replat (OT-019-25) approval in order to submit an application to vacate approximately 100 linear feet of dedicated City right-of-way located to the east of 255 NW 12th Avenue, for a total of approximately 100 linear feet, as legally described in Exhibit “A,” a copy of which is attached to this Resolution; and WHEREAS, the request is consistent with Section IV of the Future Land Use Element of the City of Dania Beach Comprehensive Plan (the “FLU Element”), titled “IV. Requirements for Future Land Use Goals, Objectives and Policies”; and WHEREAS, the request more particularly furthers Objectives V, Policy 5.3 of the FLU Element to ”[…] streamline the development approval process where practical” WHEREAS, this request will allow for the enhancement of the use and maintenance of the area; and WHEREAS, the City will vacate the dead-end of NW 12th Ave right-of-way and will dedicate the area to the adjacent property owner to the west (the applicant) WHEREAS, Section 655-30(D)of the LDC allows the City Commission to waive the submission and approval of a new plat for a vacation of right-of-way if it would cause undue hardship to the property owner; and 2 RESOLUTION #2025-_____ WHEREAS, the property owner has provided evidence and statements demonstrating undue hardship, which are incorporated into the Staff Report for this vacation request (OT-019- 15); and WHEREAS, pursuant to the criteria of Section 655-30(D) of the LDC, the City Commission finds that replatting would cause undue hardship to the property owner; and WHEREAS, the City Commission conducted a duly noticed public hearing in accordance with Article 610 of the City’s LDC; and WHEREAS, the City Commission finds that approval of the requested waiver of replat (OT-019-25) is consistent with the LDC and Comprehensive Plan. 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 as being true and correct, and they are made a specific part of this Resolution. Section 2. That the waiver of replat application (OT-019-25), a copy of which is attached as composite Exhibit “A,” is made a part of and incorporated into this resolution by this reference, is approved. Section 3. That the City’s Staff Report is ratified and confirmed as being true and correct and is made a specific part of the resolution as findings of fact. Section 4. That this resolution only allows the Applicant to submit and process an application to vacate the right-of-way without the need to replat the subject property but does not grant the vacation itself nor constitute the approval of such vacation. Section 5. That the issuance of a development permit by a municipality does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the municipality for issuance of the permit if the Applicant fails to obtain requisite approvals or does not fulfill the obligations imposed by a state or federal agency or undertake actions that result in a violation of state or federal law. 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 in force and take effect ten (10) days after its passage and adoption. 3 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 4 RESOLUTION #2025-_____ EXHIBIT A WAIVER APPLICATION Product(s): Sun Sentinel, Affidavit, Floridapublicnotices.com, Classified.ss.com_Legal AdSize(s):2 Column Run Date(s):Thursday, September 11, 2025 Zone:Full Run Color Spec.B/W Preview Order ID:7868188 Page 2 of 3 9/8/2025 10:14:24 AMPrinted: GROSS PRICE * :$251.10 * Agency Commission not included SSC_Notice of Public MeetingPACKAGE NAME: Order ID:7868188 Page 3 of 3 9/8/2025 10:14:24 AMPrinted: GROSS PRICE * :$251.10 * Agency Commission not included SSC_Notice of Public MeetingPACKAGE NAME: PLACE |City Commission Chamber Dania Beach City Hall 100 West Dania Beach City Hall. Dania Beach,FL 33004 TIME |7:00 PM PROJECT | LOCATION | OWNER | REQUEST | FILE #| THIS PROPERTY IS THE SUBJECT OF UPCOMING PUBLIC HEARINGS This Sign is the property of the City of Dania Beach. In accordance with Section 610-30 of the Land Development Code, it shall be unlawful for any person to injure, cut, break or destroy in any manner any building or other thing belonging to or under the control of the City. Persons marring or removing the Notice may be subject to fine and/or imprisonment. Tuesday, June 13, 2017; CITY OF DANIA BEACH PUBLIC HEARING NOTICE THURSDAY, SEPTEMBER 25, 2025 For more information, please visit our website http://daniabeachfl.gov or call (954) 924-6800 x 3792. ADD LOCATION MAP Grantee Mail Addr Mail City Mail State Mail Zip Mail St/Zip Mail Cntry Michael Lapenna Fam Tr Lapenna Michael Trstee Etal 150 Pine Beach Dorval Qc H9s 2 T9 Canada Masse Ginnette 6000 Chemin Du Pays St Zenin Qc J0k 3 N0 Canada Epc Automotive Inc 1451 Old Griffin Rd Dania FL 33004-2236 FL 33004-2236 1200 Old Griffin Road LLC 4051 SW 53rd Ave Davie FL 33314-3728 FL 33314-3728 Old Griffin Corp 1451 Old Griffin Rd Dania FL 33004-2236 FL 33004-2236 Beaumont Don D & Lisa K Thomas & Geri Nielsen Tr Etal 2420 Shelter Island Dr San Diego CA 92106-3112 CA 92106-3112 Florida Power & Light Co Attn Property Tax Psx/Jb 700 Universe Blvd Juno Beach FL 33408-2657 FL 33408-2657 Karp Properties LLC 418 SW 2nd Pl Dania FL 33004-3507 FL 33004-3507 Nibur Magic LLC 2634 NW 49th St Boca Raton FL 33434-2588 FL 33434-2588 City Of Dania Beach 100 W Dania Beach Blvd Dania FL 33004-3643 FL 33004-3643 Adele Besner Tr Besner Hanna S Trstee 4240 Galt Ocean Dr Apt 603 Fort Lauderdale FL 33308-6177 FL 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Ct Dania FL 33004-2637 FL 33004-2637 James Tammie Denise & Ellis R 255 NW 12th Ave Dania FL 33004-2624 FL 33004-2624 Cummings Joanne 245 NW 12th Ave Dania FL 33004-2624 FL 33004-2624 Greer Kimberly Louise 248 NW 12th Ct Dania FL 33004-2626 FL 33004-2626 Hasida LLC 531 SW 181st Ave Pembroke Pines FL 33029-4347 FL 33029-4347 Napoli Assets LLC 534 SW 13th Ave Fort Lauderdale FL 33312-2425 FL 33312-2425 Mam236 LLC 3901 N 42nd Ter Hollywood FL 33021-1840 FL 33021-1840 Black Ebbie 235 NW 12th Ave Dania FL 33004-2648 FL 33004-2648 Flex Space Griffin LLC 1501 Venera Ave Ste 203 Miami FL 33146-3032 FL 33146-3032 Parc Griffin LLC 1501 Venera Ave Ste 203 Miami FL 33146-3032 FL 33146-3032 School Board Of Broward County Attn:Facility Managem600 SE 3rd Ave Fort Lauderdale FL 33301-3125 FL 33301-3125 Town Modelo Fl Land Tr Equinox Realty Holdings LLC Trt1027 S 21st Ave Hollywood FL 33020-6934 FL 33020-6934 Clark Emma J & West Charles E Est 822 NW 3rd St Dania FL 33004-2710 FL 33004-2710 Zonda 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33004-2737 Mirza Shujaat & Farhat 5720 SW 5th St Plantation FL 33317-3532 FL 33317-3532 Marquez Joan Sebastian 5601 Jefferson St Hollywood FL 33023-1447 FL 33023-1447 Hondal Luis A Puentes 8078 SW 97th Ter Ocala FL 34481-0597 FL 34481-0597 Riveira Melina 228 NW 9th Ave # 1 Dania FL 33004-2737 FL 33004-2737 Williams Alecia C 234 NW 9th Ave Dania FL 33004-2737 FL 33004-2737 Sheard Cynthia 242 NW 9th Ave Dania FL 33004-2737 FL 33004-2737 Knowles Christopher A Jr & June 250 NW 9th Ave Dania FL 33004-2737 FL 33004-2737 Cox R E & Jacquelyn E 254 NW 9th Ave Apt 1 Dania FL 33004-2737 FL 33004-2737 White Rhoda 302 NW 9th Ave Apt Ab Dania FL 33004-2762 FL 33004-2762 American Legion #209 806 NW 1st St Dania FL 33004-3276 FL 33004-3276 Garcia Orlando 915 NW 7th St Dania FL 33004-2311 FL 33004-2311 Garcia Alfonso C 911 NW 7th St Dania FL 33004-2311 FL 33004-2311 Kemp Kerm R Jr 907 NW 7th St Dania FL 33004-2311 FL 33004-2311 Roldos Carlos 903 NW 7th St Dania FL 33004-2311 FL 33004-2311 Nhan Tran 815 NW 7th St Dania FL 33004-2310 FL 33004-2310 Valenzuela Harold & Mari Ann 811 NW 7th St Dania FL 33004-2310 FL 33004-2310 Lawson Gloria Gloria D Lawson Liv Tr 702 NW 10th Ave Dania FL 33004-2344 FL 33004-2344 Gulfstream Db LLC 3109 Grand Ave # 348 Miami FL 33133-5103 FL 33133-5103 Lavey Seth L H/E Lavey Leslie 709 NW 10th Ave Dania FL 33004-2343 FL 33004-2343 Ryan John M 713 NW 10th Ave Dania FL 33004-2343 FL 33004-2343 Ribel David 717 NW 10th Ave Dania FL 33004-2343 FL 33004-2343 Carpenter Robert G & Sharon L 721 NW 10th Ave Dania FL 33004-2343 FL 33004-2343 Smith Denise L Denise Love Smith Liv Tr 722 NW 12th Ave Dania FL 33004-2349 FL 33004-2349 Greene Christopher Thibodeau Lea 718 NW 12th Ave Dania FL 33004-2349 FL 33004-2349 Reed Tiffany 714 NW 12th Ave Dania FL 33004-2349 FL 33004-2349 Five Star Capital Corp 4020 N 29th Ave Hollywood FL 33020-1012 FL 33020-1012 Sun Garden Ltd 9 NW 4th Ave Ste A Dania FL 33004-3268 FL 33004-3268 Dania Beach Housing Authority 1101 W Dania Beach Blvd Ste 100 Dania FL 33004-3390 FL 33004-3390 Dania Economic Development Corp 210 NW 12th Ave Dania FL 33004-2647 FL 33004-2647 St Ruth Missionary Baptist Church Inc PO Box 698 Dania FL 33004-0698 FL 33004-0698 St Ruth Missionary Baptist Church Inc % City Of Dania B100 W Dania Beach Blvd Dania FL 33004-3643 FL 33004-3643 City of Dania Beach Community Development Memorandum DATE: 10/28/2025 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 Claudia Viviana Batista, Planning & Zoning Manager Alejandra Cuervo, Planner SUBJECT: VC-018-25: The property owners, Tammie and Ellis James, are requesting to vacate a portion of Right-of-Way lying east of the property located at 255 NW 12th Avenue. (Second Reading) Request: VACATION RIGHT-OF-WAY To vacate Right-of-Way (the northernmost 100 feet of NW 12th Avenue, a 70-foot-wide strip of land) lying east of the property located at 255 NW 12th Avenue, in accordance with Article 655. PROPERTY INFORMATION EXISTING ZONING: Neighborhood Residential (NBHD-RES) LAND USE DESIGNATION: Regional Activity Center (RAC) SITE ACREAGE: 0.139-acre (6,031 SF) Net/ EXISTING USE: Dead end road VIOLATIONS ON PROPERTY No open violations on this property. Background: The applicant is proposing for the City to vacate a 70-foot-wide strip of land that is a Right-of- Way (ROW) located east of the property for a total of approximately 100 linear feet. This section of ROW is currently utilized as a public road, but is the dead-end of the NW 12th Avenue (Tamara James Ave). The entire vacated ROW will be added to the existing residential property abutting west of the dead-end roadway because the Property owner to the east declined to accept the eastern half of the ROW. If the Vacation is approved, the property owners are responsible for maintaining the ROW, including repairs and upkeep. Vacation of Right-of-Way: The vacation process is identified in the City’s Land Development Code (LDC) in Section 655- 20. This Code provision requires the applicant to provide evidence of notification to all utilities (public and private) that may have an interest in the area to be vacated. Below are a list of all public utilities and the date each was notified of the vacation request by the applicant. • Florida Power and Light - 3-21-25 • AT&T - 4-02-25 • Dania Economic Development Corp - 05-01-25 • Comcast- 04-01-25 • Teco Peoples Gas - 03-26-25 • USIC – 3-21-25 A representative from Teco People’s Gas responded that they have no objections to the vacation request. The Community Development Department has been working closely with the Public Services Department to establish the location of easements to ensure the City accounts for the existing fire hydrant, catch basin, and underground water lines if the vacation is approved. The applicant has expressed multiple concerns pertaining to incidents of trespassing and criminal activity occurring within the vacated premises and its surrounding areas. Notably, this includes unauthorized pedestrian movement originating from adjacent northern properties. In light of these safety-related issues, the applicant respectfully requests that the area be formally vacated. The Code also requires the applicant to obtain notarized signatures of the property owners abutting affected portions of the ROW proposed for vacation, indicating support or objection for the applicants. The applicant has obtained the required signature indicating No Objection to the requested vacation. Vacation Criteria: Section 655 of the Land Development Code states, the City Commission shall hold its public hearing and, after consideration of the application, staff findings, and information representation at the public hearing. The City Commission may deny, approve, or approve with conditions that application for vacation, based upon its determination that the request meets the criteria identified in section 655-40, which are upon its determination that the request meets the criteria identified in section 655-40, which are identified below. 1. “Whether the vacation will adversely affect access to neighboring properties.” Applicants Response: The subject vacation will not adversely affect access to neighboring properties because the subject ROW does not provide access to the neighboring properties. It is the dead end of NW 12th Avenue. Staff Analysis: No existing access is currently provided from the subject Right-of-Way. 2. “Whether the subject right of way or easement is needed for any public purpose.” Applicants Response: The subject ROW is not needed as a public roadway. The subject roadway segment provides access only to the applicant’s property. Therefore, the requested vacation affects no other property. Staff Analysis: During the review process staff identified preexisting conditions that other departments found necessary to have access. Due to identified existing conditions, access easements have been incorporated to dedicate perpetual access to the existing infrastructure. Comprehensive Plan This application supports the City’s Comprehensive Plan by furthering the following goals: Housing and Neighborhood Element • Goal 2.2 Too assure citizens have decent, safe, resilient and sanitary housing in neighborhood environments that are attractive, secure, and free from urban blight. • Policy 11.1.1.2 The City will continue to respect the judicially acknowledged and constitutionally protected right of a property owner to physically possess and control their interests in the property, including easements, leases, or mineral rights. • Objective 2.2.1 To maintain the integrity of existing residential neighborhoods and to promote their preservation and rehabilitation. Staff Analysis: The proposed Vacation request has been reviewed by the City’s Planning and Zoning Division, Public Services Department, and Fire Department. Based on the scope and nature of the request, Public Services anticipates the removal of the existing solar light located on the eastern portion of the subject area. Additionally, the western section of the proposed vacated area contains an existing catch basin and fire hydrant. The eastern section contains underground water lines. Considering these existing infrastructure elements, perpetual access easements have been established to ensure continued access for both Public Services. Furthermore, the fire department has requested language be included in Exhibit B of the resolution that states access to the fire hydrant must remain unobstructed at all times, both physically and visually. No structure, including but not limited to fences or walls, shall impede the line of sight to the hydrant from any point along the adjacent public right-of-way, nor shall such structures hinder direct physical access. As the fire hydrant within this easement is essential for fire suppression purposes to the immediate area and needs to always remain accessible. This vacation request is expected to enhance safety at the dead-end and for the adjacent residential property. This request supports the provision of decent, safe, resilient, and sanitary housing for residents, while promoting neighborhood environments that are visually appealing, secure, and free from conditions of urban blight. This application will require two (2) readings at public hearing by the City Commission. Budgetary Impact None Recommendation Planning and Zoning Boarding Recommendation On July 16, 2025, the Planning and Zoning Board recommended approval to the City Commission (4:1 vote to approve; Garnett, De la Salas, Silver, Oliver -vote to deny; Wright). City Commission Previous Action On September 25, 2025, the City Commission unanimously recommended approval of the requested vacation at first reading. In addition, City Commission also recommended the second reading be scheduled for the October 28, 2025 meeting to allow St. Ruth the time to seek legal representation. Staff Recommendation Staff found that this application meets the requirements of Article 655 with respect to vacation of right-of-way, and the applicant has provided all necessary documentation for the vacation request. Therefore, based on the staff analysis above Community Development staff is recommending approval provided the requested access easements are executed and recorded in Broward County records. ORDINANCE NO. 2025-_____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PURSUANT TO THE REQUIREMENTS OF SECTION 655-40 OF THE LAND DEVELOPMENT CODE (LDC) APPROVING THE RIGHT-OF-WAY VACATION REQUEST (VC-018-25) SUBMITTED BY THE APPLICANTS/ADJACENT PROPERTY OWNERS, TAMMIE AND ELLIS JAMES, FOR THE PROPERTY GENERALLY LOCATED BETWEEN NW 2 PLACE AND NW 12 AVENUE, RESPECTIVELY, WHICH CONSISTS OF APPROXIMATELY 100 BY 70 FEET OF NW 12TH AVENUE, LYING EAST OF THE APPLICANTS’ PROPERTY LOCATED AT 255 NW 12TH AVENUE WHICH RIGHT OF WAY IS GENERALLY DESCRIBED AS “NORTHWEST 12TH AVENUE,” AND IS LOCATED WITHIN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 28, entitled Land Development Code (the “LDC”), Part 6, entitled “Development Review Procedures And Requirements,” Article 655, entitled “Vacations Of Right-Of-Way” of the City’s Land Development Code (the “LDC”), the property owner of the property located a 255 NW 12th Avenue, Dania Beach, Tammie and Ellis James, (the “Applicants”), have applied to the City of Dania Beach (the “City”) for approval to Vacate the Northernmost 100 feet of the 70 foot wide Right-of-Way (VC-018-25), known as a portion of “NW 12th Avenue” (the legal description for the Northernmost 100 feet right of way to be vacated is attached to this Ordinance as Exhibit A); and WHEREAS, consistent with the requirements of Section 655-20, of the LDC, the Applicant obtained notarized signatures of property owners abutting affected portions of the right- of-way proposed for vacation, indicating support or objection for the application. WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency, held a duly advertised public hearing on July 16, 2025, and recommended approval of the proposed right-of-way vacation; and WHEREAS, staff have confirmed that all utilities with a potential interest in the area have been notified and given the opportunity to object. No objections have been raised. WHEREAS, staff recommends approval of the proposed right-of-way vacation in its staff report to the City Commission dated August 26, 2025; and 2 ORDINANCE #2025-_____ WHEREAS, the City Commission finds that granting the requested right-of-way vacation will not adversely affect access to neighboring properties and will not be detrimental to the public health, safety, and welfare; and WHEREAS, the City Commission finds that NW 12th Avenue is no longer needed as a road, and that it is in the best interest of the City to grant the request to vacate the right-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. The foregoing WHEREAS clauses are ratified and confirmed as being true and correct, and they are made a specific part of this Ordinance. Section 2. Pursuant to Chapter 28, entitled “Land Development Code,” (“LDC”) Part 6, entitled “Development Review Procedures and Requirements,” Article 655, “Vacations of Right-Of-Way,” the requested full right of way Vacation (VC-018-25), as delineated on the attached Exhibit “A,” is approved. Section 3. A condition of the vacation shall be that the Applicants execute access easements for the City’s utilities, as identified in Exhibit B. Section 4. That if any clause, section, sentence, or phrase of this Ordinance is for any reason held unconstitutional or invalid by a competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. All ordinances or parts of ordinances, resolutions or parts of resolutions in conflict with this Ordinance are repealed to the extent of such conflict. Section 6. This Ordinance shall take effect ten (10) days after passage and adoption. 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: _________________________________ 3 ORDINANCE #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 4 ORDINANCE #2025-_____ EXHIBIT A LEGAL DESCRIPTION 5 ORDINANCE #2025-_____ EXHIBIT B (VC-018-25) Prepared By and Return To: Eve A. Boutsis City Attorney City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Fl 3004 Folio #: 5042 33 46 0190 ACCESS AND UTILITY EASEMENT This ACCESS AND UTILITY EASEMENT (this “Easement”) is granted this ____ day of ____________, 2025 by Mr. Ellis James and Tammie James, (“Grantors”), with an address of 255 NW 12th Avenue, Dania Beach, FL 33004 to the CITY OF DANIA BEACH, a Florida municipal corporation, having an address of 100 West Dania Beach Boulevard, Dania Beach, FL 33004 (“Grantee”). (WHEREVER USED HERIN, THE TERMS “GRANTOR” AND “GRANTEE” INCLUDE ALL THE PARTIES TO THIS INSTRUMENT AND THEIR HEIRS, LEGAL REPRESENTTATIVES AND ASSIGNS OF INDICIDUALS AND THE SUCCESSORS AND ASSIGNS OF CORPORTATIONS, WHEREVER THE CONTEXT SO ADMITS OR REQUIRES) WITNESSETH: A. Grantor is the fee title owner of that certain parcel of real property more particularly described in the Sewer Easement Sketch and accompanying legal description included in Exhibit “A” attached hereto and incorporated herein (collectively the “Property”), and the Utility Easement and Legal Description for the Utility Easement more particularly described on Exhibit “B” attached hereto (Collectively the “Easement Area”). B. Grantee is a municipality within whose jurisdiction the Property is located. C. Grantee has installed infrastructure requiring a permanent easement within the Right-of-Way consisting of a fire hydrant, catch basin, valve, and related components and sanitary sewer piping. Grantor authorizes an access and utility easement through Grantor’s Property, in order to provide Grantee access for maintenance of the Grantee’s infrastructure. D. Grantor desires to grant and create, pursuant to the terms and conditions hereinafter set forth, and Grantee has agreed to accept, the access and utility easement as defined below. NOW, THEREFORE, for Ten and No/100 Dollars and other food and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agrees as follows: 1. Recitals. The recitals set forth above are true and correct and are incorporated herein by this reference. 2. Grant of Easement. Grantor hereby grants and conveys to Grantee, an access and utility easement over, across and upon the Easement Area for the purpose of providing Grantee access for maintenance of the fire hydrant, catch basin, valve, and related components and the sanitary sewer piping (“Access and Utility Easement”) subject to the rights reserved by Grantor, as outlined below. The easement shall constitute a covenant running with the land and will be recorded, at the City’s expense, in the public records of Broward County, Florida, and shall remain in full force and effect and be binding upon the successors and assigns of the respective parties hereto, until such time as the same is released in writing as hereinafter provided. Grantors shall ensure free and continuous access to the fire hydrant (cannot be blocked from line of sight from the street, or physically blocked). For example, a fence or wall type structure cannot block access to the fire hydrant from any point on the street as the access is vital for fire suppression purposes to the immediate area and needs to always remain accessible. 3. Maintenance and Repair. Grantor shall be responsible for maintaining the Easement Area in a state of good repair, reasonably safe condition and neat and reasonably attractive manner including, without limitation, the maintenance of support structures and all landscaping, irrigation and lighting located within the Easement Area. In the event the Easement Area is damaged or destroyed in part or in whole, Grantor shall repair and restore same to the original condition. If Grantee causes damage to the easement area due to installation, maintenance or repair of the outfall, the Grantee shall be responsible for bringing the easement area back into a similar condition to which it before any of Grantee’s actions. 4. Notices. Any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery or by certified mail return receipt requested, postage paid to the address set in this paragraph, or such other address as a party may designate on notice to the other. 5. Grantor: Mr. and Mrs. Ellis and Tammie James 255 NW 12th Avenue Dania Beach, FL 33004 Grantee: City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 With a copy to: Eve A. Boutsis, City Attorney Dania Beach City Attorney 100 West Dania Beach Boulevard Dania Beach, FL 33004 6. Reservation of Rights: a. Use of Easement Area. Grantor hereby reserves all rights of ownership in and to the Easement Area which are not inconsistent with the Easement, including, without limitation: i. the right to grant further non-exclusive easements on, over, under and/or across the Easement Area (i.e., utility, access, etc.) which are not inconsistent with the purpose of this Easement; and (ii) the exclusive right, subject to Grantor’s right to restore, to design, build, furnish and maintain any and all improvements located within and adjacent to the Easement Area. 7. Exhibits. All of the Exhibits attached to this Easement are incorporated in and made a part of this Easement. 8. Sovereign Immunity. Nothing in this Easement shall be interpreted to constitute a waiver of the sovereign immunity of the Grantee with respect to any negligence actions brought against the Grantee by third parties. 9. Form of Document. The provisions of this Easement do not imply obligations on the part of the Grantee other than the requirements to provide notice as specifically set forth herein. This Easement shall not cease to exist upon default by the Grantor or the Grantee’s failure to give notice. 10. Inspections. As a further part of this easement, it is hereby understood and agreed that any official inspector of the City of Dania Beach, or its agents duly authorized, may have the privilege at any reasonable time of entering and investigating the accessibility of the easement area. 11. Duration. The provisions of this instrument shall become effective upon their recordation in the public records of Broward County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each. 12. Enforcement. Enforcement shall be by action against any parties or persons violating or attempting to violate any covenants. The prevailing party to any action or suit pertaining to or arising out of this Covenant shall be entitled to recover, in addition to costs and disbursements, allowed by law, such sum as the Court may adjudge to be reasonable for the services of his attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. 13. Severability. Invalidation of any of provision in this easement by judgment of Court shall not affect any of the other provisions, which shall remain in full force and effect. 14. Cumulative rights. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 15. Amendments. This Easement may not be amended or modified except by written instrument executed by all of the then fee owner(s) of the Easement Area and the City Commission of Grantee; provided however, that amendments or modifications to correct or amend Exhibits “A” and “B” of this Easement may be executed by the then fee owner(s) and City Manager of Grantee without necessitation review and approval by the City Commission. Modifications or amendments shall be recorded in the Public Records of Broward County, Florida. 16. Termination. Termination of this Easement may only be accomplished through the City’s easement vacation process as provided in the City’s Code of Ordinance. 17. Entire Agreement. This Easement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings and arrangements, both oral and written, between the parties with respect thereto. 18. Captions. The captions and paragraph headings contained in this Easement are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Easement, nor the intent of any provision hereof. 19. Counterparts. This Easement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same Easement. 20. Waiver. No waiver of any of the provisions of this Easement shall be effective unless it is in writing, signed by the party against whom is its asserted and any such waiver shall only be applicable to the specific instance in which it relates and shall not be deemed to be a continuing or future waiver. 21. Governing Law. This Easement shall be governed by and construed in accordance with the laws of the State of Florida and venue for any litigation arising hereunder shall be Broward County, Florida. 22. Recordation. Upon execution and delivery, Grantor shall record this Easement in the public records of Broward County, Florida. [SIGNATURES ON FOLLOWING PAGE] WITNESSES: GRANTORS: ________________________ Ellis James, [Witness Signature] ________________________ By: [Witness print/type name] ________________________ Tammie James, [Witness Signature] ________________________ By: [Witness print/type name] [Witness Signature] _________________________ [Witness print/type name] STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me, by either [ ] online notarization or [ ] physical presence, this ___ day of _______, 2025, by _______________________________, freely and voluntarily on behalf of said corporation. He is personally known to me or has produced _____________ as identification. Notary Public Typed, printed or stamped name of Notary Public My Commission Expires: STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me, by either [ ] online notarization or [ ] physical presence, this ___ day of _______, 2025, by _______________________________, freely and voluntarily on behalf of said corporation. He is personally known to me or has produced _____________ as identification. Notary Public Typed, printed or stamped name of Notary Public My Commission Expires: APPROVED AS TO FORM AND ACCEPTED: Signed: _________________________________ Printed Name: ___________________________ Title: City Attorney, City of Dania Beach N 89°08'22" E 60.00'(R) S 0 0 ° 0 3 ' 5 0 " E 1 0 0 . 5 0 ' ( R ) N 89°08'22" E 60.02'(R) S 0 0 ° 0 3 ' 5 0 " E 1 0 0 . 5 0 ' ( R ) LO T 1 8 P. B . 14 1 P G - 17 ACREAGE N.W. 2ND TERRACE N. W . 1 2 T H A V E N U E 030'30'15'15'LOCATION MAPGRAPHIC SCALE LB No. 7633 MA P O F B O U N D A R Y S U R V E Y SURVEYOR'S CERTIFICATION: JOB No. LEGAL DESCRIPTION: PROPERTY ADDRESS: CERTIFIED TO: SURVEYOR'S NOTES: ABBREVIATIONS AND LEGEND: MAP OF BOUNDARY SURVEY 2506.0301 Product(s): Sun Sentinel, Affidavit, Floridapublicnotices.com, Classified.ss.com_Legal AdSize(s):2 Column Run Date(s):Thursday, September 11, 2025 Zone:Full Run Color Spec.B/W Preview Order ID:7868192 Page 2 of 3 9/8/2025 10:16:29 AMPrinted: GROSS PRICE * :$265.20 * Agency Commission not included SSC_Notice of Public MeetingPACKAGE NAME: Order ID:7868192 Page 3 of 3 9/8/2025 10:16:29 AMPrinted: GROSS PRICE * :$265.20 * Agency Commission not included SSC_Notice of Public MeetingPACKAGE NAME: PLACE |City Commission Chamber Dania Beach City Hall 100 West Dania Beach City Hall. Dania Beach,FL 33004 TIME |7:00 PM PROJECT |Vacation of SE 3 Avenue OWNER |Tammie and Ellis James LOCATION |255 NW 12th Avenue REQUEST |To vacate unimproved Right-of-Way (the Northernmost 100’by 70’foot wide portion of W 12th Avenue FILE #|VC-018-25 THIS PROPERTY IS THE SUBJECT OF UPCOMING PUBLIC HEARINGS This Sign is the property of the City of Dania Beach. In accordance with Section 610-30 of the Land Development Code, it shall be unlawful for any person to injure, cut, break or destroy in any manner any building or other thing belonging to or under the control of the City. Persons marring or removing the Notice may be subject to fine and/or imprisonment. Tuesday, June 13, 2017; CITY OF DANIA BEACH PUBLIC HEARING NOTICE THURSDAY, SEPTEMBER 25, 2025 For more information, please visit our website http://daniabeachfl.gov or call (954) 924-6800 x 3792. ADD LOCATION MAP Grantee Mail Addr Mail City Mail State Mail Zip Mail St/Zip Mail Cntry Michael Lapenna Fam Tr Lapenna Michael Trstee Etal 150 Pine Beach Dorval Qc H9s 2 T9 Canada Masse Ginnette 6000 Chemin Du Pays St Zenin Qc J0k 3 N0 Canada Epc Automotive Inc 1451 Old Griffin Rd Dania FL 33004-2236 FL 33004-2236 1200 Old Griffin Road LLC 4051 SW 53rd Ave Davie FL 33314-3728 FL 33314-3728 Old Griffin Corp 1451 Old Griffin Rd Dania FL 33004-2236 FL 33004-2236 Beaumont Don D & Lisa K Thomas & Geri Nielsen Tr Etal 2420 Shelter Island Dr San Diego CA 92106-3112 CA 92106-3112 Florida Power & Light Co Attn Property Tax Psx/Jb 700 Universe Blvd Juno Beach FL 33408-2657 FL 33408-2657 Karp Properties LLC 418 SW 2nd Pl Dania FL 33004-3507 FL 33004-3507 Nibur Magic LLC 2634 NW 49th St Boca Raton FL 33434-2588 FL 33434-2588 City Of Dania Beach 100 W Dania Beach Blvd Dania FL 33004-3643 FL 33004-3643 Adele Besner Tr Besner Hanna S Trstee 4240 Galt Ocean Dr Apt 603 Fort Lauderdale FL 33308-6177 FL 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NW 7th St Dania FL 33004-2310 FL 33004-2310 Valenzuela Harold & Mari Ann 811 NW 7th St Dania FL 33004-2310 FL 33004-2310 Lawson Gloria Gloria D Lawson Liv Tr 702 NW 10th Ave Dania FL 33004-2344 FL 33004-2344 Gulfstream Db LLC 3109 Grand Ave # 348 Miami FL 33133-5103 FL 33133-5103 Lavey Seth L H/E Lavey Leslie 709 NW 10th Ave Dania FL 33004-2343 FL 33004-2343 Ryan John M 713 NW 10th Ave Dania FL 33004-2343 FL 33004-2343 Ribel David 717 NW 10th Ave Dania FL 33004-2343 FL 33004-2343 Carpenter Robert G & Sharon L 721 NW 10th Ave Dania FL 33004-2343 FL 33004-2343 Smith Denise L Denise Love Smith Liv Tr 722 NW 12th Ave Dania FL 33004-2349 FL 33004-2349 Greene Christopher Thibodeau Lea 718 NW 12th Ave Dania FL 33004-2349 FL 33004-2349 Reed Tiffany 714 NW 12th Ave Dania FL 33004-2349 FL 33004-2349 Five Star Capital Corp 4020 N 29th Ave Hollywood FL 33020-1012 FL 33020-1012 Sun Garden Ltd 9 NW 4th Ave Ste A Dania FL 33004-3268 FL 33004-3268 Dania Beach Housing Authority 1101 W Dania Beach Blvd Ste 100 Dania FL 33004-3390 FL 33004-3390 Dania Economic Development Corp 210 NW 12th Ave Dania FL 33004-2647 FL 33004-2647 St Ruth Missionary Baptist Church Inc PO Box 698 Dania FL 33004-0698 FL 33004-0698 St Ruth Missionary Baptist Church Inc % City Of Dania B100 W Dania Beach Blvd Dania FL 33004-3643 FL 33004-3643 CITY OF DANIA BEACH OFFICE OF THE CITY COMMISSION MEMORANDUM DATE: October 28, 2025 TO: Mayor Joyce L. Davis Vice Mayor Marco A. Salvino, Sr. Commissioner Luis Rimoli Commissioner A. J. Ryan IV FROM: Commissioner Lori Lewellen - Sponsor SUBJECT: City Manager Ana M. Garcia Contract Extension Over the last 7 years, I have been fortunate to serve the City of Dania Beach as Mayor, Vice Mayor and as Commissioner. When I was first elected in 2018, I knew that one of the most important tasks that faced us as a Commission was hiring a new City Manager who was smart, experienced and who had a vision for our City to move us into the future. The prior City Commission had already completed one search unsuccessfully, and it was incumbent upon us to find the right person for the job so that we could focus on accomplishing goals for the future. I took this responsibility extremely seriously and began working with our recruiter to determine what we truly wanted and needed in a leader so that we could recruit the best and brightest in the field to come to our great city. It was important that not only did we find the right fit for Dania Beach, but that we also found someone who truly wanted to be a part of our Dania Beach family. After narrowing down the choices and having an opportunity to not only interview Ana M. Garcia, but also to get to know her as a person, I knew she was the right person to lead our city team and to help us all to achieve our goals. Manager Garcia took the helm on March 13th, 2019, the day after an overflowing Commission chamber witnessed her swearing in. To see dozens of her former employees from a multitude of cities as well as elected officials who Ana reported to, her colleagues, friends and family from all over Miami-Dade and Broward spoke volumes for the individual we just hired to lead our City. We have witnessed a true transformation in Dania Beach in all areas of municipal services and there is a clear, positive and tangible difference from where we were prior to Manager Garcia and where we are today. The entire culture of our city has changed for the better. Major projects are being accomplished. Dania Beach now truly serves as a role model for other cities in South Florida, and that in large part is as a result of Manager Garcia and the spectacular team of professionals she has assembled to make our city the best it can be. Ana M. Garcia has served as a public servant for almost 35 years, 16 as a City Manager, and this coming March, she will have served Dania Beach for 7 years. Today, she officially announces her retirement to be effective May 15th, 2026. As a result, I proudly seek (in conjunction with her request) to extend Manager Garcia’s contract for four- and one-half months from this December 31st, 2025. I have full faith and confidence that Ana will continue working diligently and enthusiastically with the remarkable City Team she has assembled, with this City Commission and with the Dania Beach Community to ensure we continue to deliver on the priorities we have set forth through our unanimously adopted Strategic Master Plan during her remaining time with our city. 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: October 28, 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 Contract/Retirement Announcement Today, I officially announce my retirement effective May 15, 2026. I trust that what we have accomplished since I was appointed your City Manager in March of 2019, garners me your support to extend my contract for four- and one-half months from December 31, 2025, to May 15, 2026. My decision to retire is bittersweet because I love what I do, I love Dania Beach and I love my “Team,” however, next year will mark 50 years in the labor force for me with 35 years in public service, and 17 years as a City Manager. These past 6 years and 6 months serving as your Chief Administrative Officer building the culture of RISE (Respect, Integrity, and a Standard of Excellence) with your unwavering support for me to be able to retain, recruit and promote the very best is and will be my greatest professional accomplishment. We have developed a “deep bench” second to none, and I have been strategically and intentionally preparing our Team, leading by example to stay on course, delivering excellence and wins for Dania Beach. Not just yesterday or today, but for decades to come! I am very proud that every Director, Deputy Director, our two Chiefs and our Deputy City Manager have been hired or promoted by this Administration. It takes a truly remarkable team of individuals and leaders, working in unison, moving forward in the same direction 365 days a year, cohesively and consistently, and that is what we have in our “A Team”. I care deeply for them and respect and value them greatly! Our stability in the Office of the City Manager has been instrumental in our unprecedented low turnover rate, our recruitment and our overall success. Our succession plan has been front and center for me and a priority of this “great” City Commission. Just like all the priorities of your adopted strategic master plan, in which we have delivered on, the game plan for my successor and your next City Manager has been in motion since I hired him 14 years ago. I am fully aware it’s your decision, hence I simply and humbly recommend that when the time comes, our Deputy City Manager Candido Sosa-Cruz is your choice to be your next City Manager because he has earned it and will seamlessly transition into the role like nobody else could. As Mayor Davis said to me, that’s “Legacy Leadership”. Until my last day, I will continue to lead, teach, motivate, hustle, and serve with much resolve, focus, integrity, passion, gratitude, and attention to detail that has been demonstrated throughout my career and my life. I am humbled and immensely grateful for the opportunity and trust that you and your former colleagues/ commission bestowed upon me, particularly being the very first woman and Hispanic in the 121-year history of Dania Beach to serve as City Manager. RESOLUTION NO. 2025-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY COMMISSION TO ENTER INTO AN EXTENSION OF THE EMPLOYMENT AGREEMENT WITH THE CITY MANAGER, ANA M. GARCIA THROUGH MAY 15, 2026; PROVIDING FOR A PUBLIC HEARING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania Beach, Florida, as prescribed by Part III, Article 3, Section 3 of the City Charter, held a public hearing on February 26, 2019, at a regular City Commission meeting pertaining to execution of an initial City Manager Employment Agreement with Ana M. Garcia; and WHEREAS, at the Commission meeting held on March 8, 2022, pursuant to Resolution No. 2022-044, Ms. Garcia’s employment agreement was extended to December 31, 2024; and WHEREAS, at the Commission meeting held on July 9, 2024, pursuant to Resolution No.: 2024-103, Ms. Garcia’s employment agreement was extended to December 31, 2025; and WHEREAS, consistent with the requirements of the Charter, the City Commission held a public hearing on October 28, 2025, relating to the execution of an extension of City Manager Employment Agreement with Ms. Garcia through May 15, 2026; and WHEREAS, notice of the hearing was published as prescribed by the Charter; and WHEREAS, having conducted the public hearing, the City Commission desires to enter into a new one-year agreement with Ms. Garcia. NOW, THEREFORE, 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 the extension of employment agreement with Ms. Garcia with specific terms and conditions, a copy of which Amendment is attached as Exhibit “A” and is incorporated by reference into this Resolution. Section 2. That the City Attorney is authorized to make minor revisions to the provisions of the Agreement as deemed to be necessary and in the best interest of the City. RESOLUTION #2025-______ 2 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 10 days after its 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 ____ ____ ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A BOUTSIS CITY ATTORNEY FIRST AMENDMENT TO THE EXISTING EMPLOYMENT AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND ANA M. GARCIA This is the First Amendment (the “Amendment”) to the Employment Agreement (the “Agreement”) existing between the City of Dania Beach, Florida, a Florida municipal corporation (the “City”) and Ana M. Garcia. This First Amendment amends and modifies that City Manager Employment Agreement (“Agreement”) dated July 11, 2024, made and entered into by the parties hereto as follows: 1.The term of the underlying Agreement expires on December 31, 2025, and is modified by this First Amendment by extending the City’s Manager’s employment term through May 15, 2026. 2.All other provisions of the Agreement remain in full force and effect, other than any provision that conflicts with the terms and spirit of this First Amendment, which shall be deemed to be amended appropriately in order to be consistent with this First Amendment. 3.Except as may be contrary to the express terms of this First Amendment, performance of this First Amendment by both parties shall be subject to the terms and conditions of the Agreement. SIGNATURES ON THE FOLLOWING PAGES IN WITNESS OF THE FOREGOING, the parties have executed this First Amendment effective as of ______________________, 2025 . CITY: ATTEST: CITY OF DANIA BEACH, FLORIDA a Florida Municipal Corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO LEGAL FORM: EVE A. BOUTSIS CITY ATTORNEY CITY MANAGER: WITNESSES: SIGNATURE ANA M. GARCIA _________________________ DATE: PRINT Name _________________________ SIGNATURE _________________________ PRINT Name STATE OF FLORIDA) COUNTY OF BROWARD COUNTY) The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on ___________________2025 by ____________________________. He/she is personally known to me or has produced as identification. My Commission Expires: Notary Public, State of Florida Print Name CITY MANAGER’S EMPLOYMENT AGREEMENT THIS CITY MANAGER’S EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into on ____________________, 2024, between the City of Dania Beach (the “City”) and Ana M. Garcia (the “Manager”). TERMS 1. Employment. The City employs the Employee as its City Manager under the followingterms and conditions. 2.Term. 2.1 The Manager has successfully served since March 13, 2019. This Agreement for the Manager shall extend the Manager’s contract by one year, commencing on March 13, 2024 (the “Commencement Date”) and ending on December 31, 2025, unless earlier terminated as provided in this Agreement or unless the Manager engages in any of the conduct triggering automatic termination of the Agreement pursuant to Part III, Article 3, Section 3(a) of the City Charter. 2.2 No later than ninety (90) days prior to expiration of this Agreement, unless this Agreement is terminated earlier as provided in this Agreement, the City Commission (“Commission”) shall notify the Manager of its intention to either enter into a new agreement or to allow this Agreement to expire. If the Commission intends to let this Agreement expire, the Manager may resign from her position with two (2) weeks’ prior written notice and shall be entitled to receive any accrued unused annual leave, sick leave and personal days. In the event this Agreement expires due to the Commission’s failure to act and Manager is ready, willing and able to continue with her employment as Manager, the Commission agrees to continue providing the Manager with her regular bi-weekly salary and benefits as provided in this Agreement, until otherwise notified by the Commission. 3.Duties. The Manager shall perform the duties and exercise the powers of City Manager asprescribed by state law and as provided in the City Charter, including but not limited to the following: 3.1 Be responsible for the appointment, supervision and removal of all City employees; 3.2 Direct and supervise the administration of all departments but not City boards or agencies, unless so directed by the Commission from time to time; 3.3 Attend all Commission meetings except when excused by the Commission and shall participate in discussion but not have the right to vote; 3.4 See that all laws, provisions of the Charter and acts of the Commission, subject to enforcement and administration by her or by officers subject to her direction and supervision, are faithfully executed; 3.5 Prepare and submit to the Commission a proposed annual budget and capital July 11 2 program; 3.6 Submit to the Commission and make available to the public an annual report on the finances and administrative activities of the City as of the end of each fiscal year; 3.7 Prepare such other reports as the Commission may require concerning the operations of City departments, offices, boards and agencies; 3.8 Keep the Commission fully advised as to the financial condition and future needs of the City and make such recommendations to the Commission concerning the affairs of the City as she deems to be in the best interests of the City; 3.9 Execute contracts, deeds and other documents on behalf of the City as authorized by the Commission; and 3.10 Perform such other duties as are specified in the Charter and as may be required by the Commission. 4.Hours of Work. The Manager agrees to remain in the exclusive full-time employment of the City and shall not accept any other employment during the term of this Agreement. The Manager further agrees to devote that amount of time and energy which is reasonably necessary for the Manager tofaithfully perform her duties under this Agreement. Notwithstanding the foregoing, with the priorconsent of the Commission, the Manager, from time to time, may engage in teaching opportunities solong as such opportunities are not for compensation and do not conflict with or affect her ability to perform her duties under this Agreement. 5.Compensation. 5.1 Salary. The annual salary of the Manager shall be Two Hundred Sixty Eight Thousand Nine Hundred and Twenty Two Dollars ($268,922.00), which shall be payable in installments at the same time and manner as other employees of the City are paid. The City Manager shall receive a three percent (3%) salary merit increase, starting at the pay period following approval and execution of this Employment Agreement. Any increase in the annual base salary other than as provided in Section 5.2 shall be in the sole discretion of the City Commission, and only after the annual performance evaluations provided for under Section 6 of this Agreement. 5.2 The Manager’s salary will increase to reflect an annual cost of living adjustment at the same rate and effective time as the cost of living adjustment provided to AFSCME bargaining unit employees. 6.Performance Evaluation. 6.1 An evaluation of the Manager shall be conducted annually each March in advance of the adoption of the annual operating budget. Any such review and evaluation shall be conducted in accordance with criteria developed by the Commission. Criteria may be added or deleted as the Commission may from time to time decide. If any such evaluation is not conducted, the Manager will still receive the salary adjustment specified in Paragraph 5.2, above. 3 6.2 Subsequent to each evaluation of Manager's performance, but prior to the beginning of each fiscal year, the Commission may (in consultation with the Manager) define such goals and performance objectives, in writing, which they determine necessary for the proper operation of the City and in attainment of the Commission's policy objectives and may further establish a relative priority among those various goals and objectives. Any such goals and performance objectives shall generally be attainable within the time limitations as specified and within the annual operating and capital budgets and appropriations provided. 7.Stipends. 7.1 The City shall provide the Manager with an automobile allowance of six hundred dollars ($600.00) per month ($7,200.00) annually) to be paid on a bi-weekly pay period at the same time and in the same manner as other employees, which is intended to cover the Manager’s automobile related expenses during her employment as City Manager. 7.2 The City shall provide the City Manager with a monthly cellphone and data stipend of one hundred twenty five dollars per month ($1,500.00 annually) to be paid on a bi-weekly pay period basis at the same time and in the same manner as other employees and such devices shall be connected to the City’s computer network. 7.3 The Manager will receive an annual $500.00 expense allowance paid in the same manner as City Charter employees and Department Directors. 7.4 The City shall provide the City Manager the benefits provided to employees as provided in the City’s Personnel Policy Manual (PPM). 8.Insurance. The City shall provide the Manager with comprehensive medical, vision, anddental insurance to participate in those plans in the same manner and amounts are to be paid as areprovided to Department Heads of the City. The Manager shall select such coverage from the insurance plan provided to all City employees. The City also shall provide the Manager with life insurance and long-term disability insurance coverage in the same manner and amounts as provided by the City to other general employees of the City and pay the related cost of the premiums. 9.Retirement Benefits. The Manager shall be enrolled by the City in the Florida RetirementSystem’s (“FRS”) Senior Management Service Class and the City shall be responsible for paying the mandatory City Employer contributions into FRS for the Senior Management Service Class. In addition, the City will pay one and one half percent (1.5%) of the required three percent employee contribution tothe plan on behalf of the City Manager. The Manager will pay the remaining one and one half percent(1.5%) of the employee contribution. The City Manager will be entitled to participate in the City’s 457Deferred Compensation plan at the same level of benefits afforded to all other City employees. The election to participate must be made at the time of hire and the Manager will be required to contribute the required Employee Contribution in order to receive the City match which is currently a maximum of 1.8% of pay. 10.Annual Leave, Sick Leave and Personal Days. The Manager shall be entitled to the following annual leave: 10.1 Twenty (20) days of annual vacation leave. 10.2 Twelve (12) days of annual sick leave. 4 10.3 Four (4) days of annual personal leave. Vacation leave shall continue to accrue at the rate of 6.15 hours per pay period and sick leave will accrue at the rate of eight (8) hours per month in the same manner as is applicable to all other City employees. If additional dates of authorized leave are provided to employees (i.e. bereavement leave, floating holiday or any other policy change) the City Manager shall automatically be entitled to the same benefit. 11. Termination by City and Severance Pay. 11.1 In accordance with the Charter, the Manager shall serve at the pleasure of the Commission. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Commission to terminate the services of the Manager at any time during a regular or special City Commission meeting. 11.2 Such severance is authorized by Florida law. A vote by the Commission to terminate without cause requires at least a four fifths (4/5) vote. If the Manager is terminated without cause during the second or third year of employment, the Manager shall receive a bi-weekly severance salary equal to twenty (20) weeks of her regular base salary and shall continue to pay the premiums for twenty (20) weeks of paid medical, dental and vision insurance after the effective date of her termination. The Manager shall be entitled to receive payment of any accrued unused vacation leave, sick leave and personal days. The City’s obligation to pay for medical, vision and dental insurance shall cease upon Manager’s ability to participate in another group plan offered by any subsequent employer. The City shall not provide the Manager with any other benefit or reimbursement (except as specifically set forth in this paragraph) beyond the date of her termination. All severance payments (excluding the continuation of medical, vision, and dental insurance benefits) shall be paid to the Manager bi-weekly upon her next regular pay period after termination. Upon payment of the severance payment specified in this Section 11.2, and the medical, vison and dental insurance benefits provided for in this Agreement, the City shall have no further contractual financial obligations to the Manager. The severance payment shall constitute stipulated and liquidated damages and the maximum amount of financial liability for which the City may be liable in the event of termination for breach of contract. Termination by the Commission under this Section or any other provisions of this Agreement shall not cause the Manager to forfeit any vested benefits under the Defined Contribution Plan. 11.3 In the event the Manager is terminated for misconduct as defined in Section 443.036(30), Florida Statutes, or for the reasons set forth in Part III, Article 3, Section 3(a) of the City Charter (which is incorporated by this reference), the City shall have no obligation to pay the Manager any compensation, severance pay, medical, vision, and dental insurance or other benefits under this Agreement, including any unused accrued vacation leave, sick leave and personal days. 5 Misconduct includes, but is not limited to: (i) gross negligence in the performance of her duties; (ii) conviction of a felony; (iii) gross insubordination; (iv) willful neglect of duty; or (v)adjudicated violation of the Florida Code of Ethics for Public Officers and Employees, theBroward Conflict of Interest and Code of Ethics, the City Charter, or the City’s Code ofOrdinances. 11.4 If the Manager is unable to perform her duties as specified in Section 3 of this Agreement for a period of thirty (30) consecutive days or sixty (60) non-consecutive days during any one year period for any reason other than approved Family Medical Leave Act (“FMLA”) absence, the Commission may terminate this Agreement. If the Manager takes FMLA-approved leave and exhausts her statutorily protected FMLA-approved leave in any one year period, the Commission may terminate this Agreement. If this Agreement is terminated under this Section, the Manager shall not be entitled to severance pay or any other benefits under the terms of this Agreement except for payment of accrued unused leave (vacation, sick and personal leave). 12.Termination of Agreement by Manager. 12.1 In the event that the Manager resigns during the term of this Agreement, theManager shall provide the City with ninety (90) days’ advance written notice, unless the parties agree in writing to a different period of time. In the event of resignation by the Manager under this Section, the Manager shall not be entitled to receive any severance or medical, vision or dental insurance benefits; however, she shall be entitled to receive payment of any accrued unused vacation leave, sick leave and personal days . 12.2 In the event that the Manager resigns with less than ninety (90) days’ advance written notice, the City Commission may elect to terminate the Manager immediately or allow the Manager to continue to serve until the date specified in the Manager’s resignation. In the event of a resignation or termination under this paragraph, notwithstanding any other provisions of this Agreement, the Manager shall not be entitled to receive any compensation, severance payment, any accrued unused vacation leave, sick leave, and personal days unless the City Commission authorizes payment of same. 13.Professional Development. 13.1 Subject to City policy and state law, the City agrees to pay the reasonable professional dues and subscriptions of the Manager necessary for her continuation and participation as a member in national, regional, state and local professional associations and organizations necessary and desirable for her continued professional participation, growth and advancement, and for the good of the City. The Manager shall not hold office in any local, state, regional or national professional association or organization without prior written approval of the Commission. 13.2 Subject to City policy and state law, the City agrees to pay the travel and reasonable per diem expenses of the Manager for travel to one national and one state association conferences per year. The Manager may, with the advance written approval of the City Commission, attend additional national or state conferences, or both. 6 14.Notice. Notices pursuant to this Agreement shall be given by hand delivery or by certified mail through United States Postal Service delivery, addressed as follows: City: Mayor and Members of the City Commission City of Dania Beach 100 W Dania Beach Blvd Dania Beach, FL 33004 City Manager: Ana M. Garcia, ICMA-CM 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 City Attorney: Eve A. Boutsis 100 W Dania Beach Blvd Dania Beach, FL 33004 15.Real Estate Investments Prohibited. Without the Commission’s written approval, theManager shall not directly or indirectly invest in real estate within the City, except for her primaryresidence. 16.Other Terms and Conditions. 16.1 If any provision, or any portion of a provision contained in this Agreement is held to be unconstitutional, illegal, invalid, or unenforceable, the remainder of this Agreement, or any portion of it, shall not be affected and shall remain in full force and effect. 16.2 The waiver by either party of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach by that party. 16.3 The rights and obligations in this Agreement are personal in nature and cannot be transferred by the Manager. 16.4 This Agreement contains the entire agreement of the parties. It shall not be changed or amended unless by an amendment in writing signed by the parties. 16.5 In the event of any litigation which arises out of, pertains to, or relates to this Agreement, or the breach of it, or the standard of performance required in it, each party shall bear its own attorney fees and costs. 16.6 This Agreement shall be governed by Florida law and any litigation which may arise from this Agreement shall be filed and litigated in Broward County, Florida. The parties waive the right to a jury trial. 7 IN WITNESS OF THE FOREGOING, the parties have executed this Agreement, in duplicate, on the day and year first written above. CITY: ATTEST: CITY OF DANIA BEACH, FLORIDA a Florida Municipal Corporation ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR Dated: _____________, 2024. APPROVED FOR FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY July 11 City of Dania Beach Community Development Memorandum DATE: 10/28/2025 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: The City Commission to discuss the property owner, PORT 1850 LLC, amendment request to the Broward County’s Environmentally Sensitive Land map for the property located at 1850 NE 7th Avenue. Request: The Community Development Department is requesting that the City Commission approve the resolution to not support the property owner, PORT 1850 LLC, amendment request to the Broward County’s Environmentally Sensitive Land map for the property located at 1850 NE 7th Avenue. Background: The City of Dania Beach follows a consistent and collaborative process for reviewing applicationThe City of Dania Beach follows a consistent and collaborative process for reviewing applications. Input is obtained from subject matter experts at Broward County and the State of Florida to ensure that each application is thoroughly assessed, evaluated, and appropriately commented upon. This review process is ongoing and guided by the City’s unanimously adopted Strategic Plan, which emphasizes the mission to provide excellent municipal services in a financially responsible and environmentally sound manner. Applications that do not align with this mission or the City’s established priorities will not receive the City’s support. On October 6, 2022, a Site Plan application was submitted to the City of Dania Beach for the property located at 1850 NE 7th Avenue. During review of the Site Plan application, it was determined that a portion of the property is identified as Environmentally Sensitive Land according to Broward County. In response the property owner submittal a request with Broward County to remove the designation from the property through a Broward County Land Use Plan Amendment (LUPA). On May 21, 2024, the City Administration indicated that it had no objection to the applicant initiating the process for a LUPA. This approach was taken in alignment with the City’s commitment to due diligence and informed decision-making. The intent was to allow the City sufficient time to obtain input and technical analysis from relevant subject matter experts at both the County and State levels. This expert input would enable the City to conduct a comprehensive review, evaluate potential impacts, and ultimately establish a well-informed and substantiated position regarding the application. Recently, the City received and carefully reviewed the analyses prepared by the relevant subject matter experts on August 13, 2024. These expert evaluations now provide a comprehensive and reliable foundation upon which the City Administration can assess, interpret, and develop an informed position regarding the proposed LUPA. The Broward County Resilient Environment Department has recommended denial of the proposed LUPA. In its analysis, the Department noted that the subject site lies entirely within an area prioritized for resilient planning considerations, as defined by the County’s Resilient Environment framework. The Department further determined that the proposed amendment would facilitate additional development within a location that is already substantially challenged by sea level rise and associated climate impacts. On October 9, 2025 the Mayor, City Manager, Deputy City Manager, City Attorney, and Community Development Director met with Dr. Jurado from the Broward County Resilient Environment Department to discuss this application and the specific environmental concerns it raises. Moreover, the findings indicate that the proposed LUPA could have adverse effects, both direct and indirect, on the area’s unique, high-quality, and environmentally sensitive lands. Such impacts would undermine ongoing efforts to preserve and enhance natural resilience, environmental integrity, and long-term sustainability within this critical region in Dania Beach. Broward County Planning Council held a public meeting on the LUPA application on May 22, 2025, where it was approved. Broward County Board of County Commissioners approved the amendment for transmittal to the state on August 21, 2025. On October 21, 2025, the Broward County Commission deferred action on the amendment until their first meeting in January. After the City Commission acts tonight our recommendation will be provided to the County Commission prior to their action on this application. Staff Analysis After thorough review of the reports and recommendations provided by the subject matter experts, City staff cannot support the proposed LUPA. The findings clearly indicate that the amendment could adversely impact the City’s unique and environmentally sensitive lands, while also exposing future development to heightened flooding risks associated with sea level rise and climate change. The City’s Comprehensive Plan establishes clear goals, objectives, and policies designed to protect the health, resiliency, and sustainability of our natural resources, while minimizing flood vulnerability in coastal areas. The preservation and conservation of mangrove ecosystems and other environmentally sensitive lands are central to these guiding principles and remain a top priority for the City of Dania Beach. Supporting this proposed LUPA would conflict with these long-standing commitments and the City’s responsibility to promote responsible, resilient, and sustainable development. Attachments: Broward County Resilient Environment Department response to application letter NSU’s Land Use Plan Amendment (LUPA) Budgetary Impact None. Recommendation Community Development staff recommends the City Commission approve the resolution to not support the LUPA. RESOLUTION NO. 2025-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, TO DISCUSS THE CITY’S POSITION RELATING TO BROWARD COUNTY APPLICATION FILED BY PORT 1850 LLC, 2025-285 (PCNRM 24-3) FOR SITE 97, LOCATED AT 1850 NE 7TH AVENUE, DANIA BEACH, FL, RELATING TO MODIFICATION/UPDATE TO THE COUNTY’S ENVIRONMENTALLY SENSITIVE LANDS MAP THROUGH THE FLORIDA STATUTES SECTION 163.3184 PROCESS; AUTHORIZING A PUBLIC HEARING EVEN THOUGH A PUBLIC HEARING IS NOT REQUIRED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 21, 2024, the City Administration had no objection for the process to begin by the applicant, Port 1850 LLC, for a Broward County map amendment to proceed as the City desired to obtain information from the subject matter experts, and to thereafter form a knowledgeable position as to the request and to provide input at that time; and WHEREAS, it has only been in the past couple of weeks that the City obtained subject matter expert information upon which to review and opine; and WHEREAS, no public hearing is required before the City Commission opines on the County’s legislative action pursuant to Florida Statutes Section 163.3184; and WHEREAS, all public hearings are held by the Broward County Planning Council and the Broward County Board of County Commissioners; and WHEREAS, now that the subject matter experts have opined, the City Commission seeks to review the recommendations and voice the City’s position on the application to the Broward County Commission. 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 as being true and correct, and they are made a part of and incorporated into this Resolution by this reference. Section 2. The City Commission does not support the application for the County’s environmentally Sensitive Lands Map. The City Clerk shall deliver a copy of the City Commission’s approved resolution to the Board of County Commissioners for the County to take into consideration the City’s position on the application. 2 RESOLUTION #2025-_____ Section 3. That the associated City Staff Report prepared for this discussion and possible action item be incorporated into this resolution as findings of fact. 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 immediately 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 3 RESOLUTION #2025-_____ EXHIBIT “A” LEGAL DESCRIPTION 36 T H A V E W 1 R S N U S H Y 2 7 GLADES P K Y US 2 7 S P O S T R D 44 GRIFFIN RD US 2 7 S U S 2 7 HILLSBORO BLVD DIX I E H W Y SE 10TH ST 45 IN T E R S T A T E 9 5 73 NE 48TH ST CO R A L S P R I N G S D R UN I V E R S I T Y D R RI V E R S I D E D R FL O R I D A T U R N P I K E PO W E R L I N E R D NW 9 T H A V E NE 3 R D A V E SAMPLE RD CO R A L R I D G E D R ROYAL PALM BLVD ST A T E R O A D 7 FE D E R A L H W Y RAMBLEWOOD DR COCONUT CREEK PKY ATLANTIC BLVD NW 3 1 S T A V E SW 8 1 S T A V E PO W E R L I N E R D SW 3RD ST NO B H I L L R D UN I V E R S I T Y D R RO C K I S L A N D R D NW 3 1 S T A V E CYPRESS CREEK RD A E R A HI A T U S R D NO I T A PI N E I S L A N D R D VRE S N NW 2 1 S T A V E INT E R S T A T E 9 5 PROSPECT RD NE 6 T H A V E OC ST A T E R O A D 7 AN D R E W S A V E SUNRISE BLVD NW 19TH ST NW 2 3 R D A V E I75 CLEARY B L V D SUNRISE BLVD SISTRUNK BLVD NE 3 R D A V E IN D I A N T R C E BROWARD BLVD SADDLE CLUB R D INTERSTATE 5 9 5 SW 3 1 S T A V E NO B H I L L R D PETERS RD DAVIE BLVD SR84 SW 9 T H A V E ROYAL PALM BLVD BO N A V E N T U R E B L V D UN I V E R S I T Y D R RIVERLAND RD NOVA DR STATE ROAD 8 4 E V A H T 4 W S AN D R E W S A V E WE S T O N R D SW 39TH ST SW 3 0 T H A V E 138 SW 1 7 2 N D A V E SW 1 6 0 T H A V E IN T E R S T A T E 7 5 FL A M I N G O R D SW 1 0 0 T H A V E PI N E I S L A N D R D DA V I E R D SW 4 0 T H A V E RA V E N S W O O D R D STIRLING RD PA L M A V E NW 1 8 4 T H A V E TAFT ST JOHNSON ST N 7 2 N D A V E FL O R I D A T U R N P I K E PINES BLVD HI A T U S R D SW 1 7 2 N D A V E DO U G L A S R D UN I V E R S I T Y D R ST A T E R O A D 7 N 5 6 T H A V E N 4 6 T H A V E IN T E R S T A T E 9 5 COPANS RD DIX I E H W Y OC E A N B L V D NE 10TH ST ATLANTIC BLVD FE D E R A L H W Y MCNAB RD NE 62ND ST NE 56TH ST COMMERCIAL BLVD NE 45TH ST DI X I E H W Y OAKLAND PARK BLVD FE D E R A L H W Y BA Y V I E W D R ST A T E R O A D A 1 A SUNRISE BLVD FE D E R A L H W Y SE 17TH ST PA R K R D SHERIDAN ST JOHNSON ST DI X I E H W Y N O C E A N D R HOLLYWOOD BLVD WASHINGTON ST FE D E R A L H W Y PEMBROKE RD PEMBROKE RD S 6 2 N D A V E S O C E A N D R SW 1 6 0 T H A V E MIRAMAR PKY SW 5 6 T H A V E HALLANDALE BEACH BLVD FL A M I N G O R D HOMESTEAD EXTENSION FLORIDA TURNPIKE COUNTY LINE RD RE D R D EXHIBIT 2 Municipal or preservaby conservati 045039 035039 025039 015039 095039 105039 115039 125039 WESTON 155039 145039 135039 185040 225039 235039 245039 275039 265039 255039 345039 355039 365039 315040 CO N S E R V A T I O N A R E A 105139 115139 125139 225139 275139 265139 255139 MMAP 1 - AMENDMENT PCNRM 24-3 Broward County Land Use Plan:Environmentally Sensitive Lands 133 122 59 124 126 N 36THAVE SW 1 INGO RD FLAM 129 HIATUS RD 27 62 NSRD LYO 185042 305042 315042 065142 125141 085142075142 185142 195142 195141 WEST PARK 305142275141 MIAM 0 PCNRM 10-1 Amended Map to Include Wedge. Please contact the Planning Council at 954.357.8051, if you need additional information. PALM BEACH COUNTY 314742 314741 324741 334741 344741 354741 104364741Legend t 324742 20 134 334742 344742 354742 364742 314743 324743 3 ed landsDesigna Protected lands 103PARKLAND 56 8 57 119 7 5 42 034841 47 6014841 054842 064841 054841 044841 HOLMBERG ROAD 064842 120 121 044842 034842 024842 014842 9 024841 46 43 DEERFIELD BEACH SAWGRASS EXPYSection Township Range Boundaries 123 4 143 064843 054843 132 SW 10TH ST 105 110 111 074841 106 114841084841 094841 104841 107 113 112 COCONUT CREEK084842124841 074842 094842 104842 108 140 72 114842 71 074843 084843 124842 58 WILES RD 109 114 See Table A for individual site name and designation 184841 174841 Designated lands are publicly or privately ownedbut not managed for preservation. SAMPLE RD 164841 115 154841 125 144841 134841 174842 141 13 116 184842 118 37 CORAL SPRINGS 117 78 164842 154842 12 134842 HILLSBOROBEACH 144842 11 10 184843 174843 89 194841 Protected lands are publicly owned and managedf tion, or privat ly owned and restricted on easement or p a e. e l t not SA W G R A S S E X P Y 204841 214841 224841 234841 244841 79 194842 204842 214842 224842 234842 244842 90 POMPANO BEACH LIGHTHOUSEPOINT 127 304841 294841 284841 274841 264841 254841 128 294842 284842 274842 MARGATE 304842 314842Policies 2.23.1 through 2.23.3 (Formerly Objective 9.01.00 and its policies) ensure the protection of these designatedEnvironmentally Sensitive Lands (ESL's) 142 324842 314841 324841 334841 354841 364841 344841 135 130 131 334842 344842 . SOUTHGATE BLVD Criteria and Procedures for Environmentally Sensitive Landsand Local Areas of Particular Concern (LAPC's) are 064941 054941 044941 034941 15contained within the Broward County Land Use PlanImplementation Requirements and Procedures. 024941 16 064942 054942 044942 014941 NORTH LAUDERDALE 94 034942 MCNAB RD 074941 TAMARAC 084941 094941 104941 114941 86 48 85 104942 124941 074942 COMMERCIAL BLVD 184941 184942 87084942 094942 88 134940144940 174941 164941 154941 144941 134941 17 NW 44TH ST 194941 204941 18174942 214941 224941 234941 244941 194942 204942 60 LAUDERDALE234940 244940 LAKES224940 OAKLAND PARK BLVD 214942 28 224942 SUNRISE 61 304941 294941 284941 274941 264941 254941 51 284939 274939 274940 264940 254940 SUNSET STRIP284940 50 WILTON MANORS 304942 294942 284942 274942LAZY49 LAKE 55 LAUDERHILL 314941 324941 334941 344941 354941 364941 314942 324942 29 334939 344939 354939 364939 314940 324940 334940 344940 354940 364940 19 334942 344942 39 64 65 035042045042 065041 065040 055040 045040 035040 025040 015040 055041PLANTATION 045041 035041 025041 015041 065042 63 UNINCORPORATED055042 52 BROWARD BLVD 53 075041 085041 095041 105041 115041 125041 075042 075040 085040 095040 105040 115040 125040 105042085042 095042FORT LAUDERDALE SW 14TH ST 185041 175040 165040 155040 145040 135040 38 80 66 175041 145041165041 155041 135041 175042 67 UNINCORPORATED 155042 DAVIE 195041 205041 195040 205040 215040 225040 235040 245040 21 235041 245041 195042144 24 225041 205042 165042 77 215042 225042215041 23 305040 295040 25 97 41 98 31 96 305041 285040 275040 265040 255040 295041 285041 275041 265041 255041 69 29504230 285042 275042 68 SOUTHWESTRANCHES 325040 335040 345040 355040 365040 315041 325041 335041 345041 355041 365041 100 325042 IA BEACH 101 SOUTHWESTRANCHES STIRLING RD 015141COOPER CITY 035139 025139 015139 065140 055140 045140 035140 025140 015140 065141 055141 035141 025141045141 SEMITR NOLEIBE OFFLORIDA 055142 32 13733 SHERIDAN ST 085140 095140 105140 115140 125140 075141 PEMBROKE PINES 40 105141 115141 075140 085141 095141 145140 135140 175141185141 165141 155139 145139 135139 185140 175140 165140 155140 235139 245139 195140 045142 035142 14 95 LAS OLAS BLVD RD E S 265042 YP C 26 025142 115142 194843 204843 91 254842 264842 92 304843 93 294843 354842 364842 314843 324843 024942 014942 064943 8384 75 074943 114942 124942 164942 154942 144942 134942 LAUDERDALEBY-THE-SEA 184943 234942 194943244942 254942 26494274 354942 364942 304943 1 314943 AT L A N T I C O C E A N 76 025042 015042 065043 115042 125042 075043 145042 135042 Portion of 82 23504281 136 245042 Site #97/ 2 102 Map Label 255042 #136 139 335042 345042 355042DAN 365042 (See excerpt 54 on Map 2) 015142 36 34 095142 105142 HOLLYWOOD 175142 165142 125142 155142 145142 135142 155141 145141 135141 235141 245141 205142 215142 235142 205140 215140 225140 235140 245140 225141205141 215141 225142 PEMBROKEPARK HALLANDALE BEACH 245142 305140 295140 285140 275140 MI 265140RAMAR 255140 305141 295141 285141 265141 70 255141 35 22 295142 285142 275142 265142 255142 345139 355139 365139 315140 325140 335140 345140 355140 365140 I-DADE COUNTY 1 2 3 4 5Miles III.B. Natural Resource Map Series: Environmentally Sensitive Lands Source: This map is for conceptual purposes only and should not be usedBroward County Natural Resources Planning and Management Division for legal boundary determinations. Please contact the BrowardPrepared By County Planning Council office regarding questions pertaining toLand Preservati parcel boundaries or limits.954-519-0305 on Program Adopted: January 28, 2020 I-5 9 5 R A M P MAP 2 BROWARDNEXT - BROWARD COUNTY LAND USE PLAN AERIAL PHOTOGRAPH OF ENVIRONMENTALLY SENSITIVE LANDS EXCERPT AMENDMENT PCNRM 24-3 DANIA BEACH 300 0 300150 Feet HOLLYWOOD ESL Site #97 Portion of ESL Site To Be Removed (Approximately 3.5 Acres) Portions of ESL Site To Remain UNINCORPORATED BROWARD COUNTY (Fort Lauderdale International Airport) NE 7 A V E N U E NE 7 AVENUE I - 5 9 5 R A M P Proposed 1.29 acre Conservation Easement MAP3 BROWARDNEXT-BROWARD COUNTY LAND USE PLAN AERIAL PHOTOGRAPH OF REMAINING SITE 97 AND PROPOSED CONSERVATION EASEMENT AMENDMENT PCNRM 24-3 MAP 4 BROWARDNEXT - BROWARD COUNTY LAND USE PLAN FUTURE LAND USE DESIGNATIONS AMENDMENT PCNRM 24-3 300 0 300150 Feet DANIA BEACH HOLLYWOOD ESL Site #97 Portion of ESL Site To Be Removed (Approximately 3.5 Acres) Portions of ESL Site To Remain UNINCORPORATED BROWARD COUNTY (Fort Lauderdale International Airport) NE 7 A V E N U E NE 7 AVENUEI-5 9 5 R A M P Municipal Boundary Commerce Conservation - Natural Reservations Transportation SECTION I AMENDMENT REPORT BROWARD COUNTY LAND USE PLAN PROPOSED AMENDMENT PCNRM 24-3 NATURAL RESOURCE MAP SERIES - ENVIRONMENTALLY SENSITIVE LANDS MAP REMOVAL OF PORTION OF SITE 97 – CITY OF DANIA BEACH RECOMMENDATIONS/ACTIONS DATE I. Planning Council Staff Transmittal Recommendation May 13, 2025 Due to concerns regarding sea level rise, stormwater management and the protection of natural resources, including wetlands and mangroves, consistent with several Broward County Land Use Plan Policies, Planning Council staff is unable to support the proposed amendment to remove approximately 3.5 acres of the overall 21.0-acre ESL Site 97 / Map Label 136 from the Natural Resource Map Series Environmentally Sensitive Lands Map. Planning Council staff notes that the applicant may request the Planning Council support the amendment. It is suggested that any alternate Planning Council recommendation retain the 1.29-acre conservation easement on the Environmentally Sensitive Lands (ESL) Map. As the Planning Council is aware, the Broward County Charter requires at least one Planning Council public hearing and Article 1.2(A) of the Administrative Rules Document: BrowardNext outlines the following circumstances in which a second Planning Council public hearing may be recommended or required: (1) At its initial public hearing, the Planning Council takes an action to recommend denial of a proposed amendment; or (2) At its initial public hearing, the Planning Council takes an action to recommend approval subject to meeting specific criteria or policy prior to a second Planning Council public hearing; or (3) At its initial public hearing, the Planning Council votes by a majority of the members present with a minimum of six (6) affirmative votes for a second Planning Council public hearing; or (4) If the County Commission requests by a vote of the majority of members present to request a second Planning Council public hearing; or (5) If an objection or comment on adverse impacts to important state resources or facilities is issued during the State of Florida Chapter 163 review process; or (6) If State of Florida Chapter 163 requires or is modified to require a second local planning agency public hearing. If the Planning Council chooses to require a second Planning Council public hearing per Article 1.2(A)(1)(2) or (3), such recommendation must be made as part of its motion. I - 1 RECOMMENDATIONS/ACTIONS (continued) DATE II. Planning Council Transmittal Recommendation May 22, 2025 Planning Council recommended approval of the proposed amendment to remove approximately 3.5 acres of the existing 21.0-acre Site 97 / Map Label 136 from the Environmentally Sensitive Lands Map, subject to the on-site 1.29-acre conservation easement, including not requiring a second public hearing. (Vote of the board; Unanimous: 11-0: Abramson, Castillo, Geller, Gomez, Greenberg, Hardin, Horland, Newbold, Ryan, Zeman and DiGiorgio) I - 2 SECTION II AMENDMENT REPORT PROPOSED AMENDMENT PCNRM 24-3 INTRODUCTION AND APPLICANT’S RATIONALE I. Municipality: Dania Beach II. County Commission District: District 6 III. Site Characteristics A. Size: Approximately 3.5 acres B. Location: In Section 26, Township 50 South, Range 42 East; generally located east of Northeast 7 Avenue, south of Eller Drive. C. Existing Use: Natural area D. Broward County Land Use Plan (BCLUP) Designation: Commerce IV. Existing Uses and BCLUP Designations Adjacent to the Amendment Site A. Existing Uses: North: Natural area East: FPL Easement (Hollywood) South: FPL Easement (Hollywood) West: Vacant and warehouse B. Planned Uses: North: Commerce East: Transportation (Hollywood) South: Conservation – Natural Reservations and Transportation (Hollywood) West: Commerce II - 1 INTRODUCTION AND APPLICANT’S RATIONALE (continued) V. Applicant/Petitioner A. Applicant: Port 1850, LLC B. Agent: Edwin J. Stacker, Esq., Shutts & Bowen, LLP C. Property Owner: Port 1850, LLC VI. Recommendation of Local Governing Body: The City of Dania Beach has no objection to the proposed amendment. VII. Applicant’s Rationale The applicant states: “The proposed project consists of the construction of a commercial warehouse in Broward County in close proximity to Port Everglades to fill a need for the operation of the Port. The feasibility of the project depends on the proximity to the Port, proximity to major highways (i.e. I-595 and I-95), parcel size, parcel availability/acquisition costs, and city zoning and setback requirements. There are limited undeveloped parcels that meet the criteria needed to ensure a feasible and viable project. Approximately 3.47 acres of the site is located with the LAPC designation and approximately 4.21 acres of mangrove wetlands exist on site. Of the total 4.21 acres, 1.29 acres will be preserved on site. The wetlands preserved on site will be located on the eastern portion of the parcel to conserve the hydrologic connection to the surrounding wetlands on the undeveloped parcels. The wetlands preserved on site will also be enhanced through the removal of invasive/non-native species and will be placed under a conservation easement. In addition to the preservation and enhancement of wetlands on site, a credit purchase from the Everglades Mitigation Bank will be made. The existing wetland has been degraded and the habitat value is rapidly diminishing because of the invasion of exotic vegetation and the deterioration caused by the industrial development in the surrounding area. In addition, similar parcels containing contiguous forested wetlands, as opposed to isolated depressional wetlands, are not common within the New River drainage basin. Given the relative lack of privately-owned parcels with existing mangrove wetlands onsite, impacts to small, isolated wetlands on subject sites would not result in a large loss of wetland acreage within the ecosystem. The wetlands located onsite provide little function to the watershed due to the poor quality of the wetlands. The purchase of credits from the offsite permitted Everglades Mitigation Bank will offset any existing wetland function and will not result in any adverse cumulative impacts within the New River drainage basin.” See Attachment 1 for the detailed rationale and mitigation plan. II - 2 SECTION III AMENDMENT REPORT PROPOSED AMENDMENT PCNRM 24-3 BACKGROUND INFORMATION Environmentally Sensitive Land (ESL) “means those areas containing Natural Resources, as depicted in the Natural Resource Map Series of the Broward County Land Use Plan, which have been determined to be environmentally sensitive by the Broward County Board of County Commissioners. The criteria for designation of an ESL are contained within the Implementation Requirements and Procedures Section of the Broward County Land Use Plan. Policies which ensure the protection of Environmentally Sensitive Lands are contained within the Broward County Land Use Plan.” Pursuant to Policy 2.23.1 of the BrowardNext -Broward County Land Use Plan (BCLUP), Broward County maintains the Environmentally Sensitive Lands (ESL) Map that identifies natural resources, including Local Areas of Particular Concern (LAPC’s). The Map was developed from a comprehensive study prepared by the Environmental Coalition of Broward County in 1987 and was initially adopted as part of the 1989 BCLUP. The proposed amendment would remove an approximately 3.5-acre portion of a 21.0-acre LAPC site identified as “Site 97 / Map Label 136” from the ESL Map. The site is located east of Northeast 7 Avenue and south of Eller Drive, in the City of Dania Beach, and has a land use designation of Commerce, an umbrella category which generally permits commercial, industrial, employment, commercial recreation, open space and community facility uses. See Maps 1 through 4. The subject site is a “designated land” on the ESL Map which means that it is privately owned but not managed for preservation. Designated lands are subject to the provisions of the Broward County Land Development Code per BCLUP Policy 2.23.2. These provisions regulate clearing activities on the site, as well as require the applicant to prepare an Environmental Impact Report identifying the effects that proposed development would have on the unique natural qualities and resources of the area and identifying strategies to protect the resource or mitigate unavoidable adverse impacts on the resource. Based on information provided by the applicant, the 3.5-acre site is vacant and consists of red and black mangroves, surface water, uplands and stormwater retention areas. The stormwater retention area will remain intact and the higher quality mangroves will be mitigated via offsite mitigation at the Everglades Mitigation Bank. The easternmost 1.29 acres will be enhanced and preserved under a Conservation Easement. See Attachment 1 and Map 3. III - 1 REVIEW AGENCY COMMENTS The proposed amendment to remove approximately 3.5 acres of the existing 21.0-acre Site 97 / Map Label 136 from the Environmentally Sensitive Lands Map was distributed to County and municipal agencies for comments and input. The following comments have been received: The City of Dania Beach has no opposition to the proposed amendment. See Attachment 2. The Broward County Urban Planning Division (BCUPD) staff evaluated the site based on BCLUP Policy 2.21.5 which addresses sea level rise, and Policies 2.23.1, 2.23.2, 2.23.3 and 2.23.4 which address Local Areas of Particular Concern (LAPC’s). The BCUPD staff states that the site continues to function as a wetland, is consistent with LAPC criteria, and may also be prone to flooding and the impacts of sea level rise. Any development of the site would be required to demonstrate that it can be served by adequate storm water management and drainage facilities, does not adversely affect groundwater quality or environmentally sensitive lands, and does not increase saltwater intrusion or area-wide flooding. In addition, removal of the LAPC designation for the subject site would likely result in the request for removal of other private properties located within the remainder of Site 97, as well as impact the resiliency of the area’s coastal wetland system. The BCUPD staff does not support the removal of the site from the ESL Map. See Attachment 3. The Broward County Resilient Environment Department (BCRED) report indicates that the amendment site is located entirely within an area prioritized for resilience planning consideration, as indicated on the Priority Planning Area for Sea Level Rise Map. Therefore, BCLUP Policies 2.21.1, 2.21.5 and 2.21.6 apply. Specifically, the applicant must demonstrate that the project will not increase saltwater intrusion or area-wide flooding, not adversely affect groundwater quality or environmentally significant lands and that subsequent development will be served by adequate stormwater management and drainage facilities. The applicant has not sufficiently addressed how risk from sea level rise will be mitigated, how areawide flooding will be minimized or how water quality will not be adversely affected. The BCRED also notes the applicability of the Future Conditions Average Wet Season Groundwater Elevation Map and 100- Year Flood Elevation Map for permitting and design, should development occur on the subject site. The applicant should review the height of all banks and/or berms for consistency with Chapter 39 of the Broward County Code of Ordinances. Further, the applicant is encouraged to consider the Climate Change Action Plan and the Regional Climate Action Plan recommendations and strategies pertaining to natural system/wetland/coastal/urban green space conservation and protections. See Attachment 4. The Broward County Environmental Permitting Division (BCEPD) report summarizes the environmental license and permit applications associated with the property since 2022 which remain under review. The BCEPD staff finds that the subject site meets several LAPC criterion: the site has a predominance of native, mature red and black mangroves, provides nursery, roosting, foraging and refuge habitat for many species, and is a natural ecosystem and physiographical feature confined to a small area of the County. Further, the site is unique and diverse, with a low level of exotic vegetation, and hydrologically and tidally connected to the surrounding mangrove wetlands and the Dania Cut-off Canal. In addition, the BCEPD report III - 2 REVIEW AGENCY COMMENTS (continued) identifies that mangrove habitat is a limited resource in Broward County with some areas under threat from development, and that there is a cumulative impact to the overall mangrove resource from projects proposing “small” impacts to mangroves. The BCEPD staff objects to the removal of the site from the ESL Map, as development will have a negative impact on the adjacent mangrove area, creating a dam and limiting tidal flow/flushing of the surrounding wetlands. See Attachment 5 and Map 3. The relevant BCLUP Policies that are cited by the review agencies are provided in Attachment 6, for ease of reference. The applicant has provided additional information in response to review agency concerns: • Approximately 1.29 acres of mangrove habitat/wetlands will remain on the easternmost portion of the subject site. Said area will be enhanced and placed under a Conservation Easement to allow hydrologic flow to continue, including connection to the Dania Cut-off Canal to the south and to adjacent mangrove wetlands to the north, south and east of the property. • A credit from the Everglades Mitigation Bank (EMB) will be purchased. The EMB credit will provide regional ecological value and will result in a significantly higher value habitat than the subject site. • The western upland portion of the site contains exotic species (62 of the 63 existing trees are exotic species), has been impacted by fill and a lake excavation, and is surrounded by high intensity warehouse facilities. The exotic trees will be removed and replaced with native trees in accordance with the City of Dania Beach’s tree removal requirements. • The Cumulative Impact Analysis demonstrates that a cumulative impact to the New River Basin would not occur and the EMB credit purchase would fully offset the impacts of the proposed project. • The migration of species will not be altered as the surrounding conservation easements and County parks provide a larger area for nesting and foraging. • Stormwater calculations indicate that any proposed development of the subject site will retain the 25-year storm through a network of drainage wells, exfiltration trenches, and retention areas. These systems will introduce a groundwater mound during rain events to an area that will reduce the impact of saltwater intrusion in the immediate area and will provide the required water quality treatment with no runoff discharged to the surface water bodies being designed. • Mangrove habitat is not a unique habitat in southeast Florida. Of the 4.21 acres of privately owned wetlands, 1.29 acres will remain under a conservation easement and are minimal to the adjacent 160 acres of red and black mangrove habitat owned by Broward County. See Attachments 7 through 9. III - 3 REVIEW AGENCY COMMENTS (continued) The additional information was distributed to the review agencies for consideration. Responses have been received from review agencies as follows: The BCEPD staff continues to object to the removal of the site from the ESL Map. The BCEPD updated report states that the exotic species on the western upland portion of the site can be easily removed or treated. The remainder of the site is a mature, highly functional mangrove ecosystem with large red and black mangroves and no exotic species. The site is not isolated and is contiguous to 160 acres of mangroves. The site is tidally connected to the Dania Cut-off Canal to the south and is flushed by daily tide changes. All stormwater entering the site is pretreated, so there are no negative impacts from the adjacent developed areas. The BCEPD staff visited the site several times and noted abundant wildlife with the mangrove habitat providing roosting, foraging and refuge for many species. Development of this site will have permanent impacts to 2.92 acres of mature, highly functional mangrove wetlands, will create a partial dam limiting water flow and will impact areas outside of the project footprint due to construction, including retaining walls. If this site and other surrounding privately-owned sites are developed, nearly 20 acres of mangroves will be lost. The BCEPD strongly believes the site continues to meet the LAPC criteria and is unsure whether the proposed project will be able to meet the criteria for the issuance of County Environmental Resource and Stormwater Management Licenses or for a State Environmental Resource Permit. See Attachment 10. The BCRED staff also continues to object to the removal of the site from the ESL Map. The BCEPD updated report states that the applicant’s responses have not fully addressed the County’s resilience priorities or the relevant BCLUP Policies. The proposed amendment would not only further development in an area substantially challenged by sea level rise, but at the expense of high quality, unique environmentally sensitive lands both directly and indirectly impacted by proposed development activities. See Attachment 11. The applicant has provided additional information in response to continued review agency objections: • The site is located adjacent to high-intensity warehouse facilities and was previously a tomato farm. The western upland portion of the site has been impacted by fill and a lake excavation with the presence of exotic and nuisance species, reducing its ecological function. • The overall impact will be minimal due to the preservation and enhancement of 1.29 acres of wetlands, increasing its function as a wetland and its use for wildlife roosting, foraging and refuge. • The existing FPL road cuts off much of the tidal connection to the Dania Cut-off Canal. The area north of the road is only connected hydrologically by higher-than-average tides, such as king tides. The wetlands remaining onsite will continue to be tidally connected during king tides to the Dania Cut-off Canal. III - 4 REVIEW AGENCY COMMENTS (continued) • The project’s stormwater management plan will be sufficient and cause no negative impacts to the surrounding area. Any secondary impacts associated with construction has been accounted for in the mitigation plan, ensuring that environmental effects are minimized and properly managed. • The 2.92 acres of impacted wetlands are minimal (1.8%) compared to the surrounding 160 acres of wetlands owned by Broward County. This minimal impact will be offset through credits purchased from the Everglades Mitigation Bank (EMB). • The Cumulative Impact Analysis confirms that the project will not have a cumulative impact on the New River Basin and the EMB credit purchase would fully offset the impacts of the proposed project. • The surrounding conservation areas, including the FPL easement along Port Everglades, West Lake Park/Anne Kolb Nature Center and Snyder Park, provide biodiversity, habitat connectivity and ample space for nesting and foraging of migratory species. • Regarding the Regional Climate Change Action Plan, a majority of the recommendations are not intended for the private sector and do not pertain to this project. • The stormwater management plan will consist of drainage wells and an exfiltration trench to meet water quality and quantity requirements. The drainage wells have been revised to a pressurized well system to account for sea level rise within the area. Stormwater runoff will be infiltrated into a shallow aquifer or into a deeper aquifer using the drainage wells. See Attachments 12 and 13. The additional information noted in Attachments 12 and 13 was distributed to the County review agencies for consideration. Planning Council staff has confirmed that the review agencies’ initial comments remain unchanged, and no further comments have been issued. III - 5 SECTION IV AMENDMENT REPORT PROPOSED AMENDMENT PCNRM 24-3 PLANNING COUNCIL STAFF ANALYSIS AND RECOMMENDATION The subject application is for the removal of approximately 3.5 acres of the overall 21.0-acre ESL Site 97 / Map Label 136, and is a natural area and is surrounded by natural areas with the exception of an existing warehouse to the west. This site has been depicted on the Environmentally Sensitive Lands Map (Map) of the BrowardNext – Broward County Land Use Plan (BCLUP) Natural Resource Map Series since its initial adoption in 1989. Planning Council staff and County review agencies find that the amendment site has a predominance of native, mature red and black mangroves which provide nursery, roosting, foraging and refuge habitat for many species. The site is also hydrologically and tidally connected to the surrounding mangrove wetlands and the Dania Cut-off Canal. In addition, the site is located entirely within an area prioritized for resilience planning consideration, as indicated on the Priority Planning Area for Sea Level Rise Map, and is therefore, prone to flooding and saltwater intrusion. Planning Council staff analysis of the BCLUP Highlighted Regional Issues, Climate Change Resilience Vision and World-Class Natural Resource Protection and Enhancement Vision sets the foundation for the recognition of the unique natural resources found in Broward County. The following Strategies should be considered in the planning analysis: 1. Strategy CCR-2: Increase the resilience of our community to the effects of climate change. a. Implementation strategies include: In coordination with municipalities, adopting land use regulations to limit development and redevelopment in areas particularly vulnerable to flooding due to sea level rise, stormwater inundation, and other impacts of climate change. 2. Strategy EP-3: Preserve and protect Broward County’s natural environment through County and local environmental regulatory programs and well-planned patterns of growth and development. a. Implementation strategies include: Acquire, protect, preserve and enhance Local Areas of Particular Concern. In addition to the referenced Strategies, Planning Council staff finds that although the property is privately held and controlled, the Policies and Recommended Practices included in Attachment 6 are applicable and should be considered in the examination of the proposed amendment. IV - 1 PLANNING COUNCIL STAFF ANALYSIS AND RECOMMENDATION (continued) The applicant has indicated that the overall impact to the surrounding 160 acres of wetlands will be minimal due to the preservation and enhancement of 1.29 acres of mangrove habitat/wetlands to allow hydrological flow to continue through the area. The project’s stormwater management plan will be sufficient to meet all water quality and quantity requirements, including sea level rise projections. Further, a mitigation credit from the Everglades Mitigation Bank (EMB) will be purchased and will provide regional ecological value and result in a significantly higher value habitat than the subject site. Planning Council staff is unable to support the proposed amendment based on the aforementioned review agency comments and due to concerns regarding sea level rise, stormwater management and the protection of natural resources, including wetlands and mangroves, consistent with several BCLUP Policies. IV - 2 SECTION V AMENDMENT REPORT PROPOSED AMENDMENT PCNRM 24-3 ATTACHMENTS 1. Applicant’s Rationale with Project and Preliminary Environmental Assessment Summaries 2. Correspondence from Ana M. Garcia, ICMA-CM, City Manager, City of Dania Beach, to Deanne Von Stetina, AICP, Assistant Executive Director, Broward County Planning Council, dated May 21, 2024 3. Broward County Urban Planning Division Report of February 14, 2024 4. Broward County Resilient Environment Department Report of February 23, 2024 5. Broward County Environmental Permitting Division Report of February 27, 2024 6. BrowardNext -Broward County Land Use Plan Highlighted Regional Issues, Policies, Implementation Requirements and Procedures, and Recommended Practices Relevant to Proposed Amendment 7. Applicant Response Regarding Broward County Urban Planning Division Comments 8. Applicant Response Regarding Broward County Resilient Environment Department Comments 9. Applicant Response Regarding Broward County Resilient Environment Department Comments 10. Updated Broward County Environmental Permitting Division Report of August 6, 2024 11. Updated Broward County Resilient Environment Department Report of August 13, 2024 12. Applicant Response Regarding Updated Broward County Resilient Environment Department Comments 13. Applicant Response Regarding Updated Broward County Resilient Environment Department Comments V - 1 NSU Port Parcel Broward County Planning Council Application for Amendments to the Environmentally Sensitive Lands Map TCG Project No. 14-0080.002 1. TRANSMITTAL INFORMATION A. Letter from applicant, agent or property owner requesting that the Planning Council process an amendment to the Environmentally Sensitive Lands Map of the Broward County Land Use Plan. Response: Agent’s Letter is the first page of this Application B. Letter from municipal mayor or manager indicating the local government’s position on the proposed amendment to be provided no later than 21 days prior to the first Planning Council scheduled public hearing. Response: Letter from Dania Beach Mayor will be provided in advance of the first Planning Council Public Hearing C. Name, title, address, telephone number and e-mail address of the municipal contact person. Corinne Lajoie, AICP, Community Development Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 2. APPLICANT INFORMATION A. Name, title, address, telephone number and e-mail address of the applicant. Port 1850 LLC Shlomo Melloul, Managing Member 67 N Federal Highway Dania Beach, FL 33304 shlomo@bananasplitusa.com B. Name, title, address, telephone number and e-mail address of the agent. Edwin J. Stacker, Esq. Shutts & Bowen LLP 201 East Las Olas Blvd., Suite 2200 Fort Lauderdale, FL 33301 Tel: (954) 847-3839 estacker@shutts.com 1 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Surveys/AppraisalsTree ׀ SurveysT & E Species ׀ & MonitoringDesignMitigation ׀ & Wetland PermittingMarina ׀ Environmental Consultants C. Name, title, address, telephone number and e-mail address of the property owner. Port 1850 LLC Shlomo Melloul, Managing Member 67 N Federal Highway Dania Beach, FL 33304 shlomo@bananasplitusa.com D. Applicant’s rationale for the amendment. Rationale: The proposed project consists of the construction of a commercial warehouse in Broward County in close proximity to Port Everglades to fill a need for the operation of the Port. The feasibility of the project depends on the proximity to the Port, proximity to major highways (i.e. I-595 and I-95), parcel size, parcel availability/acquisition costs, and city zoning and setback requirements. There are limited undeveloped parcels that meet the criteria needed to ensure a feasible and viable project. Approximately acres of the site is located within the LAPC designation and 3.47 approximately 4.21 acres of mangrove wetlands exist on site. Of the total 4.21 acres, 1.29 acres will be preserved on site. The wetlands preserved on site will be located on the eastern portion of the parcel to conserve the hydrologic connection to the surrounding wetlands on the undeveloped parcels. The wetlands preserved on site will also be enhanced through the removal of invasive/nonnative species and will be placed under a conservation easement. In addition to the preservation and enhancement of wetlands on site, a credit purchase from the Everglades Mitigation Bank will be made. The existing wetland has been degraded and the habitat value is rapidly diminishing because of the invasion of exotic vegetation and the deterioration caused by the industrial development in the surrounding area. In addition, similar parcels containing contiguous forested wetlands, as opposed to isolated depressional wetlands, are not common within the New River drainage basin. Given the relative lack of privately-owned parcels with existing mangrove wetlands onsite, impacts to small, isolated wetlands on subject sites would not result in a large loss of wetland acreage within the ecosystem. The wetlands located onsite provide little function to the watershed due to the poor quality of the wetlands. The purchase of credits from the offsite permitted Everglades Mitigation Bank will offset any existing wetland function and will not result in any adverse cumulative impacts within the New River drainage basin. 2 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Surveys/AppraisalsTree ׀ SurveysT & E Species ׀ & MonitoringDesignMitigation ׀ & Wetland PermittingMarina ׀ Environmental Consultants 3. AMENDMENT SITE DESCRIPTION A. Concise written description of the general boundaries and gross acreage (as defined by the BCLUP) of the proposed amendment. Response: The proposed NSU Port Parcel project consists of the construction of a commercial warehouse with required parking, drainage and associated infrastructure. The project site consists of a 5.11-acre vacant property located east of NE 7th Avenue and west of an existing Florida Power and Light transmission easement in Dania Beach, Broward County, Florida, more specifically identified as Broward County Folio No. 5042-26-00-0021. The parcel is 662.69’ long by 335.96’ wide and is surrounded by undeveloped parcels to the north, east, and south, which are owned by Broward County, having been purchased in 1997 – 1998, and commercial properties to the west. The majority of the property consists of mangrove wetlands on the east side of the property with a fringe of disturbed uplands on the west side. Local Area of Particular Concern Site 97 runs directly through the center of the site, encompassing a portion of the mangrove wetlands on site and surface waters. LAPC Site 97 included approximately acres of the subject site (310’ wide by 335.96’ 3.47 long). B. Original sealed survey, including legal description. (Digital scans are not acceptable.) Signed and sealed Survey is attached as Exhibit “A” C. Aerial photograph. Please see attached location map attached as composite Exhibit “B” D. Recorded plat(s), if applicable. Response: The Property is un-platted 4. EXISTING AND PROPOSED USES A. Existing use of amendment site and adjacent areas. Provide cross-sections of the existing conditions on the subject site. Response: The existing Subject Site is an undeveloped parcel. The adjacent parcels to the north, east, and south are also undeveloped. The subject site is zoned IG (General Industrial) through the City of Dania Beach and has a land use of vacant industrial through Broward County. The adjacent parcel to the west is a commercial property that is zoned IRO (Industrial-Research-Office) through the City of Dania 3 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Surveys/AppraisalsTree ׀ SurveysT & E Species ׀ & MonitoringDesignMitigation ׀ & Wetland PermittingMarina ׀ Environmental Consultants Beach and has a land use of warehousing, distribution terminals, trucking terminals, van & storage warehousing through Broward County. Please see composite Exhibit “C”. B. Proposed use of the amendment site including proposed square footage for each non-residential use and/or dwelling unit count. Provide draft cross- sections of post-development conditions on the subject site. Response: The proposed use of the subject site is commercial warehouse. The commercial warehouse will consist of a 62,340 sq. ft. building with associated parking. Approximately 1.29 acres of wetlands on site will be preserved and placed under a conservation easement. Please see attached plan set with aerial and cross sectional views of existing and proposed conditions. Please see composite Exhibit “C”. 5. LAPC CATEGORIES Indicate if the amendment site contains resources or characteristics of Local Areas of Particular Concern (LAPC) as described in the Implementation Requirements and Procedures section of the Broward County Land Use Plan. A. Marine Resources Coastal areas of unique, scarce, fragile, or vulnerable natural habitat, physical features and scenic importance, or; coastal areas of high natural productivity or essential habitat for fish, wildlife, and the various trophic levels in the food web critical to their well-being, or; coastal areas of substantial recreational value and/or potential, or; areas needed to protect, maintain, or replenish coastal flood plains, coral and other reefs, beaches, offshore sand deposits and mangrove stands. Response: The Subject Site does not have resources that are unique, scarce, fragile or vulnerable. The 5.11 acre site contains 4.21 acres of mangrove wetland with a fringe of disturbed uplands on the west side. The dominant species on site were red and black mangroves and also consisted of non-native species such as Brazilian pepper, earleaf acacia and Australian pine. The interior of the site displays some evidence of previous alteration, and the site is surrounded by commercial parcels. B. Natural Landforms and Features A geological, hydrological, or physiographical feature confined to a small area of Broward County and considered quite rare locally or regionally, or; a representative natural ecosystem and/or its units existing in a few isolated locations, but extirpated from most of the county. 4 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Surveys/AppraisalsTree ׀ SurveysT & E Species ׀ & MonitoringDesignMitigation ׀ & Wetland PermittingMarina ׀ Environmental Consultants Response: No locally or regionally rare geological, hydrological, or physiological features are present on site. Overall, the majority of existing mangrove wetlands within Broward County are located east of US-1 within the center of the County, primarily within Broward County’s West Lake Park and John U. Lloyd State Park. Additional smaller contiguous areas of existing mangroves are located within Port Everglades, Broward County’s Deerfield Island Park, the Bonnet House, Hugh Taylor Birch State Park and the City of Hollywood’s Holland Park. Remaining areas of mangroves consist primarily of small mangrove fringes present along existing canals and channelized waterways, including those within South Florida Water Management District right-of-way. These mangrove areas are typically under various forms of site protection, either as conservation easements or within designated park boundaries. Thus, the site is not considered rare locally or regionally. The loss of this low quality, degraded wetland would result in an insignificant loss of wetland function to Broward County. C. Native Vegetation Communities (a) A Local Area of Particular Concern (Native Vegetative Communities Category) is an area which shows a predominance of native vegetation associated with one or more of the following ecological communities: Beach and Dune Community; Coastal Strand Forest Community; Mangrove Community (Saltwater Swamp); Scrub Community; Pine Flatwoods Community; High Hammock Community; Low Hammock Community; Cypress Wetland Community (Freshwater Swamp); Ever-glades Community (Freshwater Marsh). Response: While mangroves are present within the site, the mangroves observed appeared stressed, most likely due to the existing elevations and previous alteration of the site. In addition, exotic Brazilian pepper, Australian Pine, and earleaf acacia are present which make this a low-quality mangrove wetland. (b) In addition, a Local Area of Particular Concern (Native Vegetative Communities Category) must satisfy at least three of the following criteria: i. Uniqueness -The site contains a significant sample of rare or endangered species, or, the site is among a small number of sites in Broward County representing a particular ecological community. Response: The site was surveyed for the potential presence of listed species and/or listed species habitat. Due to the 5 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Surveys/AppraisalsTree ׀ SurveysT & E Species ׀ & MonitoringDesignMitigation ׀ & Wetland PermittingMarina ׀ Environmental Consultants developed surroundings, existing vegetative conditions, and use of the eastern portion of the site, the subject area does not provide for roosting or forage habitat by listed species, and any use by such species would likely be only transient in nature. The site is not a highly productive coastal tideland as a low amount of tidal inundation occurs. The site is not used for scientific study or research on wildlife. ii. Diversity -A significant sample of two or more ecological communities are contained within the site. Response: Only one ecological community is present, a mangrove wetland. iii. Low Level of Exotic Invasion -The degree and nature of exotic invasion on the site is such that it can be easily managed or mitigated. Response: Brazilian pepper, Australian pine, and earleaf acacia are scattered throughout the site and cannot be easily maintained. iv. Potential for Protection -Ownership patterns, development status and other factors make the resources of a site likely to be successfully protected. Response: The adjacent properties to the west are continually being developed into commercial properties. The site and the surrounding area are not likely to be protected in the future due to continuing development. v. Geography -The site has proximity to other resources which would heighten its value as a LAPC (e.g., other ESLs, public parks, waterfront). Response: Commercial development exists adjacent to the west of the site. Wetlands exist to the north, east, and south and are part of parcels that consist of FP&L transmission lines. In addition, Port Everglades and the Fort Lauderdale/Hollywood International Airport are located in the immediate surrounding area. 6 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Surveys/AppraisalsTree ׀ SurveysT & E Species ׀ & MonitoringDesignMitigation ׀ & Wetland PermittingMarina ׀ Environmental Consultants D. Wildlife Existing wildlife refuges, reserves, and sanctuaries, or; known habitats of rare, threatened, or endangered species or species of special concern, or; major wildlife intensive use areas such as well-developed hammock communities, highly productive coastal tidelands, and mangroves, or; areas used for scientific study and research on wildlife. Response: The site was surveyed for the potential presence of listed species and/or listed species habitat. Due to the developed surroundings, existing vegetative conditions, and use of the eastern portion of the site, the subject area does not provide for roosting or forage habitat by listed species, and any use by such species would likely be only transient in nature. E. Economic Resources Existing ports, marinas, piers, energy resources, and artificial reefs, or; areas noted for specific study and research concerning economic development. Response: Port Everglades and the Fort Lauderdale/Hollywood International Airport are present in the immediate vicinity of the subject site. No known specific study or research is being conducted concerning the site and economic development. F. Cultural Resources Sites designated on the National Register of Historic Places or on the Florida Master Site File, or; sites related to the general development of the local area, region, or State, or; buildings which are significant examples of the architectural design of their period, or; sites associated with the life/lives of important person(s), or social, political, cultural, or economic movements or with historical events, or; archaeological sites which have yielded useful information on the area's past. Response: No cultural resources are present. The site is not designated on the National Register of Historic Places or on the Florida Master Site File. The Department of Historical Resources reviewed the site as part of the U.S. Army Corps permit process. 7 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Surveys/AppraisalsTree ׀ SurveysT & E Species ׀ & MonitoringDesignMitigation ׀ & Wetland PermittingMarina ׀ Environmental Consultants 6. ENVIRONMENTAL ANALYSIS A. An environmental analysis must be provided to determine the proposed amendment’s environmental impacts both on-site and to adjacent properties. Response: Please see attached Cumulative Impact Analysis – see attached Exhibit “D”. B. A proposed mitigation strategy which identifies measures to avoid and/or minimize any potential risks as indicated by the environmental analysis. Response: Please see attached Mitigation Plan – see attached Exhibit “E”. C. Broward County Environmental Resource License – provide information including the permit number and status of any license related to the proposed amendment site. Response: An application for an Environmental Resource License has been submitted and is being processed under application no. DF20- 1121 D. Federal and/or State Environmental Permits – provide information including the permit number and status of any license related to the proposed amendment site. Response: Broward County is processing the State Environmental Resource Permit application since the proposed project is located within Broward County’s FDEP delegation area. An application for a State 404 Individual Permit application has been submitted and is being processed under application no. 06-0396518-002-SFI. E. Surface Water Management Plan -indicate if a Plan has been approved by, or an application submitted to, the South Florida Water Management District (SFWMD) and/or any independent drainage district, for the amendment site. Provide information including the permit number and status of any license related to the proposed amendment site. Response: Stormwater Plans have not yet been submitted to SFWMD or Broward County. F. Identify the drainage district and drainage systems serving the amendment site, including any planned drainage improvements, including year, funding sources and other relevant information. 8 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Surveys/AppraisalsTree ׀ SurveysT & E Species ׀ & MonitoringDesignMitigation ׀ & Wetland PermittingMarina ׀ Environmental Consultants Response: SFWMD and Broward County are the stormwater jurisdictions, but there is no special drainage district. G. Identify the management of storm water retention on-site, as well as the extent to which the amendment site provided storm water retention to surrounding properties and how potential run-off will be mitigated throughout the affected area. Response: The stormwater management design for this project consists of 12 drainage wells and 1,790 LF of exfiltration trench to meet water quality and quantity requirements. A pre vs post- development analysis for the 25-year, 3-day storm event will show the post-development discharge does not exceed the pre-development discharge. The 100-year, 3-day storm event will not exceed the Broward County 100-year flood plain of 6.50 NAVD. 7. ANALYSIS OF NATURAL AND HISTORIC RESOURCES Indicate if the site contains, is located adjacent to or has the potential to impact any of the natural and historic resource(s) listed below, and if so, how they will be protected or mitigated. A. Wetlands – describe whether the amendment will impact existing wetlands, lakes or aquifer recharge areas. If so, describe what management practices will be used to protect or mitigate the area’s natural features. Response: Approximately 4.21 acres of mangrove wetlands exist on site. Of the total 4.21 acres, 2.92 acres of wetlands will be impacted and 1.29 acres will be preserved on site. The wetlands preserved on site will be located on the eastern portion of the parcel to conserve the hydrologic connection to the surrounding wetlands on the undeveloped parcels to the north, east, and south. The wetlands preserved on site will also be enhanced through the removal of invasive/nonnative species and will be placed under a conservation easement. B. Soils – describe whether the amendment will require the alteration of soil conditions or topography. If so, describe what management practices will be used to protect or mitigate the area’s natural features. Response: Filling of the site will be required. During construction, erosion control devices will be installed and maintained such as silt fences to prevent erosion into adjacent wetlands and other surface waters. In addition, retaining walls will be installed on site between the proposed development and adjacent wetlands to serve as a buffer. 9 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Surveys/AppraisalsTree ׀ SurveysT & E Species ׀ & MonitoringDesignMitigation ׀ & Wetland PermittingMarina ׀ Environmental Consultants C. “Endangered species,” “threatened species,” “species of special concern” or “commercially exploited” as per the Florida Fish and Wildlife Conservation Commission (fauna), the U.S. Fish and Wildlife Service (flora and fauna), or the Florida Department of Agriculture and Consumer Services (fauna). If yes, identify the species and show the habitat location on a map. Response: The project site is located within the Urban Bat Consultation Area for the Florida Bonneted Bat (Eumops floridanus). Utilization of the USFWS Consultation Key for the Florida Bonneted Bat requires a Limited Roost Survey which will be conducted and submitted to FWC. The Eastern Indigo Snake prefer high ground with well-drained sandy soils. They typically inhabit gopher tortoise burrows which also prefer well-drained, sandy soils such as pine sandhills, scrub, pine flatwoods, dry prairies, and coastal dunes. The project proposes impacts to saltwater wetlands which do not consist of sandy soils that Eastern Indigo Snakes inhabit. The proposed project will also use the USFWS most current guidance for Standard Protection Measures for the Eastern Indigo Snake and will impact less than 25 acres of eastern indigo snake habitat. Utilization of the USFWS Consultation Key for the Eastern Indigo Snake results in a Not Likely to Adversely Affect (NLAA) determination. D. Tree Canopy and Ground Cover, including plants listed in the Regulated Plant Index for protection by the Florida Department of Agriculture and Consumer Services. If yes, identify the species and show the location on a map. Response: Please see attached Tree Inventory Report by RES which determined that there were a total of sixty-thee (63) trees within the upland area. All but one tree were species designated as Category I invasives by FLEPPC: Australian pine (Casuarina equisetifolia), Brazilian peppertree (Schinus terebinthifolia), carrotwood (Cupaniopsis anacardioides), and earleaf acacia (Acacia auriculiformis). One native, non-invasive tree was identified: Sea grape (Coccoloba uvifera). See attached Exhibit “F”. E. Priority Planning Area – indicate whether the amendment is located within a priority planning area. If yes, address Broward County Land Use Plan Policy 2.21.1 regarding sea level rise. Response: The Subject Site is located within a Priority Planning Area. See attached Exhibit “G”. 10 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Surveys/AppraisalsTree ׀ SurveysT & E Species ׀ & MonitoringDesignMitigation ׀ & Wetland PermittingMarina ׀ Environmental Consultants POLICY 2.21.1 requires the implementation of “safeguards” relating to future flood risk and sea level rise, and through the permitting process the site will be mitigated by required measures as briefly described in the existing and proposed conditions discussion and as illustrated in the Exhibit referenced in paragraph 4 A and B. F. Flood Zone Area per the Federal Emergency Management Agency’s Flood Insurance Rate Map. Response: Please see attached FEMA Flood Map. The subject site is located within Zone AE. See attached Exhibit “H”. G. Wellfields – indicate whether the amendment is located within a wellfield protection zone of influence as defined by Broward County Code, Chapter 27, Article 13 “Wellfield Protection.” If so, specify the affected zone and any provisions which will be made to protect the wellfield. Response: The Subject Site is not located within a Wellfield Protection Zone of Influence. H. Historic sites or districts on the National Register of Historic Places or locally designated historic sites. Response: The Subject Site has not be designated as a historic site. I. Archaeological sites listed on the Florida Master Site File. Response: The site has not been listed as an Archeological site. J. Local Parks – indicate if the amendment site is utilized to meet the municipal “community parks” requirement, as defined by the Broward County Land Use Plan. If yes, indicate whether the municipality will continue to meet the “community parks” acreage requirement based on its projected build-out population. Response: The Subject Site has not been utilized to meet the municipal “Community Parks” requirement. K. Beach Access – indicate if the amendment site fronts the ocean or would impact access to public beaches. If so, describe how public beach access will be addressed. Response: The subject site is not located adjacent to the ocean and will not impact access to public beaches. 11 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Surveys/AppraisalsTree ׀ SurveysT & E Species ׀ & MonitoringDesignMitigation ׀ & Wetland PermittingMarina ׀ Environmental Consultants L. Hurricane Evacuation -indicate if the amendment site is located in a hurricane evacuation zone as identified by the Broward County Emergency Management Division. If yes, provide a hurricane evacuation analysis based on the proposed use of the amendment site, considering the number of permanent and seasonal residential dwelling units requiring evacuation, availability of hurricane shelter spaces, and evacuation routes and clearance times. Response: The Subject Site is included within the Plan B Hurricane Evacuation Zone. See attached Exhibit “I”. 8. INTERGOVERNMENTAL COORDINATION Indicate whether the proposed amendment site is adjacent to other local governments. Response: The Subject Site is bounded on the East by the City of Hollywood. 9. PUBLIC OUTREACH Describe how the applicant and/or local government notified and coordinated with adjacent property owners, master associations, homeowner associations, etc. Response: The Florida Department of Environmental Protection will send out a public notice to the adjacent neighbors as part of the State 404 Individual Permit application review. 10.DESCRIBE CONSISTENCY WITH HIGHLIGHTED REGIONAL ISSUES AND POLICIES OF THE BROWARD COUNTY LAND USE PLAN POLICY 2.1.1 Broward County shall maintain a balanced Land Use Plan to implement a regional vision including the provision of essential public services and facilities, as well as enhanced sustainability and livability. Response: The 5.11 acre site is designated Industrial on the effective Land Use Plan, and is zoned General Industrial (IG) pursuant to the City’s Code, which permits uses that are compatible with the existing industrial uses to the west. Since the site is surrounded, on the north, east and south, by vacant lands acquired by Broward County in 1997-98, which lands are unlikely to be developed in the future, this parcel is the eastern-most parcel in Dania Beach in the vicinity which is designated for much-needed industrial development necessary to support the needs of the Port- related activities. The Amendment, if adopted, will enable the development of this site in accordance with safeguards that will result in the provision of additional warehouse use together with an enhancement to the remaining ecological system. POLICY 2.1.2 The land use categories depicted on the Broward County Land Use Plan Map are intended to protect established residential areas and encourage economic development and redevelopment. 12 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Surveys/AppraisalsTree ׀ SurveysT & E Species ׀ & MonitoringDesignMitigation ׀ & Wetland PermittingMarina ׀ Environmental Consultants Response: The proposed Amendment to remove the LAPC designation will facilitate the future warehouse use of this site in an area intended for economic development and the use is compatible with the non-residential uses to the west. POLICY 2.3.1 Local governments shall employ their local land use plans, zoning ordinances and land development codes to establish differing intensities of commerce development compatible with adjacent and surrounding land uses, including but not limited to lands designated “Commercial,” “Industrial” or similar designations by the local land use plan. POLICY 2.3.2 Local governments shall employ their local land use plans and development regulations to establish appropriate intensity standards for non-residential future land use categories compatible with adjacent existing and future land uses. Response: The proposed Amendment is consistent with the Policies set out above, inasmuch as with the elimination of the LAPC designation, the City and various environmental agencies will be able to work with the Owner to assure minimal quality development and yet preserve a currently-deteriorating environment that presently exists on site. PORT POLICY 2.7.1 Port Everglades shall be developed in a manner which is sensitive to marine and other natural resources, consistent with the goals, objectives and policies of the Port Everglades Master Plan. POLICY 2.7.2 The Broward County Planning Council shall coordinate with the Port Everglades Department, the Broward County Environmental Protection and Growth Management Department and the Cities of Fort Lauderdale, Dania Beach and Hollywood to ensure compatibility between the Port Everglades Master/Vision Plan, the Broward County Land Use Plan and local land use plans. AIRPORT POLICY 2.8.1 Existing airports and lands committed for airport use shall be designated under the Response: The proximity of this site to both Port Everglades development, as well as to quality preserved lands under County control to the north, east and south, enables the County to approve the removal of the LAPC designation, without compromising, and, in fact, preserving the intent of the Policies set out above. ENVIRONMENTALLY SENSITIVE LANDS POLICY 2.23.1 Natural resources that have been found to comply with the definition of Local Areas of Particular Concern have been identified on a Map of Local Areas of Particular Concern within the Future Broward County Land Use Map Series. POLICY 2.23.2 Local Areas of Particular Concern are declared to be environmentally sensitive lands and upon adoption of this plan shall be subject to the provisions of the Broward County Land Development Code regarding environmentally sensitive lands. 13 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Surveys/AppraisalsTree ׀ SurveysT & E Species ׀ & MonitoringDesignMitigation ׀ & Wetland PermittingMarina ׀ Environmental Consultants POLICY 2.23.3 Broward County shall implement strategies for the protection of Local Areas of Particular Concern and other environmentally sensitive lands such as: acquisition by public or private organizations; establishment of a County trust fund for acquisition; adoption of innovative land development regulations; conservation easements; transfer of development rights; deed restrictions; and restrictive covenants. POLICY 2.23.4 By 2019, Broward County shall work with Broward’s municipalities and interested stakeholders to study and recommend incentives to preserve designated environmentally sensitive lands that are privately controlled. Response: The removal of the LAPC designation ( acres on a 5.11 acre site) is consistent with the overall Environmentally Sensitive Lands Policies prescribed in Broward Next. The County, numerous years ago, identified lands to be designated, 3.47 and this parcel, unlike significant acreage contiguous to the north, east and south, was not acquired by the County for preservation purposes. Without getting into the rational for that decision approximately 36 years ago, approving this amendment will now enable the Owner to proceed with limited development of the site, while preserving approximately 1.29 acres of wetlands on site that will be enhanced through the removal of invasive and non-native species. As discussed in the Application, the quality of the wetlands on this site has continued to detreated, and with the adoption of this Amendment, the public interests are furthered through allowing minimal development while preserving and enhancing the remaining wetlands on site. 11.ADDITIONAL SUPPORT DOCUMENTS A. Other support documents or summary of support documents on which the proposed amendment is based. Response: Additional support documents may be submitted by the Applicant prior to any Public Hearing. B. Any proposed voluntary mitigation or draft agreements. Response: The Mitigation Plan is attached and referenced in paragraph 6, Environmental Analysis. 14 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Surveys/AppraisalsTree ׀ SurveysT & E Species ׀ & MonitoringDesignMitigation ׀ & Wetland PermittingMarina ׀ Environmental Consultants Resilient Environment Department URBAN PLANNING DIVISION 1 N. University Drive, Box 102 | Plantation, FL 33324 | 954-357-6634 | Fax 954-357-6521 2/27/2024TO: David Vanlandingham, Director Environmental Permitting Division Digitally signed by JosieJosie P.FROM: Josie P. Sesodia, AICP, Director P. Sesodia Date: 2024.02.14 Urban Planning Division Sesodia 15:23:49 -05'00' DATE: February 14, 2024 SUBJECT: ESL Map Amendment PCNRM 24-3 The Urban Planning Division (UPD) has reviewed the above-referenced request to remove a portion (approximately 3.47 acres) from a Local Area of Particular Concern (LAPC) Map #136 / Site #97 (2/27/89) (approximately 21 acres) from the Environmentally Sensitive Lands (ESL) map of the Broward County Natural Resource Map Series (NRMS) of the Broward County Land Use Plan (BCLUP). This site has also been designated and a Natural Resource Area (NRA). The Applicant proposes to eventually build a commercial warehouse (consisting of a 62,340 sq. ft. building with associated parking). The subject site is located within the City of Dania Beach, east of the Fort Lauderdale-Hollywood International Airport and west of Port Everglades. The Application states that the entire site consists of approximately 5.1 acres of which 4.21 acres are wetlands. A portion of the wetlands (1.29 acres) are proposed to be preserved in conservation onsite, on the eastern portion of the property. The Applicant proposes to mitigate wetland impacts through a credit purchase from the Everglades Mitigation Bank. This mitigation bank is located in southern part of Miami-Dade County. The Application states that the dominant species on the subject site are red and black mangroves. The Application also states that the site is “surrounded” by commercial properties, which are located mainly east and west of the LAPC. Most of the properties within LAPC #97 and #98, the large wetland area north of the Dania Cut Off Canal, west of Port Everglades, are owned by the Board of County Commissioners, with the exception of the subject site and a portion of the “Pegasus Plat” north of, but not abutting, the subject site. The Pegasus Plat has been partially developed on the western side, next to NE 7th Avenue (currently known as the Bridge Point development) and has remaining unused development rights. An undeveloped portion of the Pegasus Plat also lies in LAPC #97. The future of this property could be potentially affected by the removal of the subject site from LAPC designation and NRA designation. Current Property and Natural Resources Map Series Designations • Folio #: 5042-26-00-0021 • Future Land Use (BCLUP): Commerce • Future Land Use (Dania Beach): Employment Center (EC) • Zoning (Dania Beach): IG (General Industrial) • Local Area of Particular Concern and Natural Resource Area on the Environmental Sensitive Lands Map: part of #136; Site #97 • This property has not yet been platted. Mark D. Bogen • Lamar P. Fisher • Beam Furr • Steve Geller • Robert McKinzie • Nan H. Rich • Hazelle P. Rogers • Tim Ryan • Michael Udine Broward County Board of County Commissioners www.broward.org Page 2 of 4 February 14, 2024 PCNRM 24-3 UPD Comments Staff Analysis The UPD staff evaluated the site based upon adopted Comprehensive Plan documents and policies: • Broward County Land Use Plan: Policies 2.23.1, 2.23.2, 2.23.3, and 2.23.4 which address Local Areas of Particular Concern and Policy 2.21.5 addresses sea level rise and Environmentally Sensitive Land. Per Policy 2.21.5, the site would require adequate storm water management and drainage facilities, particularly since the site is currently designated as a wetland and close to the Dania Cut-Off canal. Additionally reviewed, the Implementation Requirements and Procedures Section - #7. Criteria and Procedures for Environmentally Sensitive Lands and Local Areas of Particular Concern. • Broward County Climate Change and Coastal Elements, CC3.10 (wetlands), Objective CC4 (Green Infrastructure Solutions) and Policy CC4.9; Objective CM2 and Policy CM2.2, Objective CM6 – Peril of Flood and related policies. • Broward County Conservation Element, Objective C6 (Environmentally Sensitive Natural Resources) and related policies, and Objective C8 (Protected wetland Resources) and related policies; • Broward County Water Management Element, Policy WM2.13, WM3.9 and WM3.15; • Broward County Code of Ordinances: o Chapter 5, Broward County Land Development Code: Section 182.8 (a) Consideration of Impact on Environmentally Sensitive Lands and Archaeological Resources. Article XII, Section 5-281 provides for the Board of County Commissioners to making a finding that a proposed Natural Resource Area is populated by native vegetation associated with one of nine ecological communities to add a Natural Resource Area site; and Section 5-283 (5) regulates clearing activities within lands designated as local area of particular concern. o Chapter 27 Local Area of Particular Concern Section 27-67(d) - Land development, provides for the RED to coordinate Environmentally Sensitive Lands environmental impact report. o Chapter 27, Article XI – Aquatic and Wetland Resource Protection. o Chapter 27, Article XIV – Tree Preservation and Abuse Ordinance. o Chapter 27, Section 27-407.-Municipal certification (d)(3), regarding the County retaining authority to enforce tree protection provisions in Article XIV-Tree Preservation, regarding lands including the LAPC, NRA and ESL. • Broward County Administrative Code o Chapter 27, Part XIII, Section 27.57- Natural Resource Areas. • Broward County Commission Action(s): o LAPC Approval: 2/27/1989 –the Commission approve staff’s recommendation to designate Site No. 97 as an LAPC (pg. 14 of Commission Minutes). o NRA Approval: 2/27/1989 - the Commission approve Site No. 97 as an NRA consistent with the LAPC designation (pg. 42 of Commission Minutes). Page 3 of 4 February 14, 2024 PCNRM 24-3 UPD Comments Staff Findings The Applicant states that the unique wetland conditions, which justified inclusion of the property on the ESL map, are no longer applicable. LAPC #97 along with #98 to the south are currently part of a continuous stretch of wetlands that begin just south of Eller Drive and run southward ending at the Dania Cut-Off canal, just west of Port Everglades and the Stranahan River/Intercoastal waterway. 1. The County is required by policy to continue reviewing and protecting designated LAPCs and wetland areas, and encouraging practices that optimize co-benefits of habitat restoration. The following Broward County Comprehensive Plan Elements apply, including Climate Change-Objective CC4 and related policies, Conservation-Objective C6 and related policies, and Water Management: a. Policy C6.1 states that the County shall continue to maintain a Map of County Commission Designated properties of ecological concern to include those areas designated as LAPC, NRAs, ESLs, UWAs, and those land on the Urban Wilderness Inventory. b. Policy C6.7 states that the County shall continue to maintain and implement regulations that protect and preserve trees, including those in areas of native vegetative communities, and promote the use of native vegetation. c. Policy C6.9 states that Broward County shall assess the vulnerability of specific species, habitats, landscapes, and ecosystem functions that may be sensitive to climate change and develop coping strategies and contingency plans for their adaptation, such as identifying habitats that may be viable during climate disturbances and could potentially serve to give refuge to and sustain at-risk species. d. Objective CC4 – Utilize Green Infrastructure Solutions for Maximum Co-benefits -- Understand the value of ecosystem services to our community and expand green infrastructure to optimize the co-benefits of habitat restoration, coastal buffers, wetland mitigation, urban reforestation, natural night skies, and local food production, in order to create a healthy, enjoyable, and climate resilient environment. e. Policy WM3.9 states that Broward County will protect the water storage and water quality enhancement functions of wetlands, floodplains, and aquifer recharge areas through acquisition, enforcement of rules, and the application of best land and water management practices. 2. Protected designations have not changed in the past 35+ years. Since 1989, before the adjacent land was developed, several environmental protection designations have been placed on the property by the County Commission, including LAPC and NRA and to date none have been removed. 3. The site is identified as a wetland and flood prone area requiring water quality protections. The subject property is reflected in both the County’s Eastern Wetlands Map (LUP Natural Resource Map Series) and the Flood Prone Areas Map, indicating that it may be prone to flooding and/or the impacts of sea level rise. Any development will be required to demonstrate that it can be served by adequate storm water management and drainage facilities, not adversely affect groundwater quality or environmentally sensitive lands, and not increase saltwater intrusion or area-wide flooding, (BCLUP Policy 2.21.5.) Comprehensive Plan policies also focus on protecting wetlands and water quality CC3.10, C8.2, C8.9, C8.10, WM2.13, WM3.9, and WM3.15. Page 4 of 4 February 14, 2024 PCNRM 24-3 UPD Comments 4. Removal of the LAPC designation is not supported. Based the Implementation Requirements and Procedures of the BC LUP, Section #7. “Criteria and Procedures for Environmentally Sensitive Lands and Local Areas of Particular Concern,” the subject property appears to continue to be a wetland and continues to be consistent with LAPC criteria. 5. Removal of LAPC designation would likely result in the request for removal of other private properties located within ESL #97, as well as impact the resiliency of the coastal wetland system where it is located. Staff Recommendations Since the inception of the Broward County Comprehensive Plan (1989), LAPC #97, which includes the subject site, has consistently been identified as a wetland and environmentally sensitive site. Based on the above findings, Urban Planning Division staff sees no justification for changing ELS designations, including its LAPC designation. Removing LAPC designation could affect similarly situated properties within LAPC #97, thus reducing the natural protections and drainage provided to surrounding properties by this system of wetlands. If the LAPC designation is removed, then subsequent development should demonstrate that it can be served by adequate storm water management and drainage facilities, not adversely affect groundwater quality or environmentally sensitive lands, and not increase saltwater intrusion or area- wide flooding, per BCLUP Policy 2.21.5. Furthermore, to the highest extent possible, tree canopy and native trees should be preserved onsite and green infrastructure solutions/infrastructure should be considered to optimize environmental impact mitigation, per Chapter 27, Article XIV- Tree Preservation and Abuse Ordinance. Any remaining wetlands should be actively managed by maintaining sustainable water levels and removing invasive species, as proposed in the Application, which should include a wetland maintenance plan. Please note that per BCLUP Policy 2.23.2, “Local Areas of Particular Concern are declared to be environmentally sensitive lands and upon adoption of this plan shall be subject to the provisions of the Broward County Land Development Code regarding environmentally sensitive lands.” Therefore, if development is proposed on the subject site, the application will be subject to the requirements of Chapter 5, Article IX.-Broward County Land Development Code, Division 2.-Development Review Requirements, Section 182.8 (a) Consideration of Impact on Environmentally Sensitive Lands and Archaeological Resources. Additionally, since the subject site is also a designated Natural Resource Area and designated environmentally sensitive lands with natural forests are considered Natural Forest Communities, site clearing, wetland impacts and land development are subject to the following County codes: o Chapter 27, Article XI – Aquatic and Wetland Resource Protection. o Chapter 5, Article XII – Natural Resource Areas o Chapter 27, Article XIV – Tree Preservation and Abuse Ordinance - Section 27-411 – Natural Forest Communities cc/ec: Carlos Adorisio, Assistant Director, Environmental Permitting Division Heather Cunniff, Section Supervisor, Urban Planning Division Sara Forelle, Senior Planner, Urban Planning Division FLORIDA 2/27/2024 RESILIENT ENVIRONMENT DEPARTMENT 115 S. Andrews Avenue, Room 329 • Fort Lauderdale, Florida 33301 • 954-357-6613 • FAX 954-357-8655 To: Ms. Barbara Blake-Boy, Executive Director, Broward County Planning Council From: Dr. Jennifer Jurado, Chief Resilience Officer, and Deputy Director 5.-s Date: 2/23/2024 Re: Review of PCNRM 24-3 (Site 97 on ESL Map) The Broward County Resilient Environment Department / Resilience Unit through the Broward County Natural Resources Division (NRD) seeks to provide comment regarding the review of PCNRM 24-3 known as Site 97 on the Environmentally Sensitive Lands Map. The resilience review has determined that the site is located entirely within an area prioritized for resilience planning consideration, as indicated on the Priority Planning Areas for Sea Level Rise Map. Therefore, BCLUP Policies 2.21.1, 2.21.5, and 2.21.6 apply in the review of this application. The Priority Planning Areas for Sea Level Rise Map identifies areas that are at increased risk of flooding due to, or exacerbated by, sea level rise by the year 2070. In review of land use plan amendments and requests for amendments to the Environmentally Sensitive Land Map, the County requires the applicant to demonstrate that the project will not increase saltwater intrusion or areawide flooding, not adversely affect groundwater quality or environmentally sensitive lands, and that subsequent development will be served by adequate stormwater management and drainage facilities. The County also strongly discourages those amendments which would place additional residential and non residential development at risk of flooding from sea level rise. The County will take into consideration sea level rise and flood protection mitigation strategies and requirements included within the city's local comprehensive plans and/or development regulations, or improvements committed to by the applicant which would mitigate or enhance flood protection and adaptation from rising sea levels. The current application does not provide sufficient level of detail to evaluate how risk from sea level rise will be mitigated, how areawide flooding will be minimized, or how water quality will not be adversely affected. The Resilient Environment Department / Resilience Unit requests that these points be addressed thoroughly. The Resilient Environment Department / Resilience Unit notes the applicability of Future Conditions Map Series (Plate WM 2.1 -Future Conditions Average Wet Season Groundwater Elevation Map, and Plate WM 13.1 -Future Conditions 100-Year Flood Elevation Map), and their use as required by Broward County Code of Ordinances for permitting and design of the proposed site, relevant to the review. Resilient Environment Department / Resilience Unit also requests applicant to review the height of all seawalls, banks, and berms to be consistent with Chapter 39, Article XXV -Resiliency Standards for Flood Protection of the Broward County Code of Ordinances. In addition, BCLUP Policy 2.21.6 requires Broward County to support the goals of the Broward County Climate Change Action Plan (CCAP) and the Southeast Florida Regional Climate Acton Plan (RCAP) as Broward County Board of County Commissioners Mark D. Bogen• Lamar P. Fisher• Beam Furr• Steve Geller• Robert McKinzie • Nan H. Rich• Hazelle P. Rogers• Tim Ryan• Michael Udine www.broward.org February 23, 2024 Page 2 of 2 approved by the Broward County Board of County Commissioners. Accordingly, CCAP Actions and RCAP Recommendations and Strategies shall also be considered in the resilience review. The applicant is specifically encouraged to consider CCAP -Healthy Community Actions 26 and 30, and Natural Systems Action 98 and RCAP Recommendations and Strategies pertaining to natural system/wetland/coastal/urban green space conservation and protections, including: NS 4.1, NS 5.1, NS 5.3, NS 12.3, NS-13, NS-15, and ST 5.1. Resilient Environment Department ENVIRONMENTAL PERMITTING DIVISION 1 North University Drive, Mailbox 201, Plantation, Florida 33324 • 954-519-1483 • FAX 954-519-1412 MEMORANDUM TO: David Vanlandingham, Director Environmental Permitting Division (EPD) 2/27/2024THROUGH: Carlos Adorisio, Assistant Director, EPD FROM: Linda Sunderland, Environmental Program Supervisor, EPD DATE: February 27, 2024 SUBJECT: Environmentally Sensitive Lands (ESL) Map Amendment Environmentally Sensitive Lands Site / LAPC #97 The Environmental Permitting Division (EPD) has been asked by the Broward County Planning Council to provide comments related to a request submitted by Shutts & Bowen LLP to amend the County’s Environmentally Sensitive Land (ESL) Map and remove the Local Areas of Particular Concern (LAPC) designation for a portion of LAPC Site #97 (Site). The Site was designated as a LAPC on March 19, 1981, and contains the following folios: 504226380030, 504226000022, 504226000021 and portions of 504226380010, 504223220010 and 504225030140. The Site is located south of Eller Drive, east of NE 7th Avenue, and north of the Dania Cut-off Canal Road (Folio # 504226000021) in the City of Dania Beach. EPD Permitting Status On May 20, 2022, EPD received a County Environmental Resource License application (DF22-1121) proposing impacts to 4.1 acres of wetlands on parcel 504226000021 for a commercial development. The applicant is proposing mitigation through the purchase of credits at the Everglades Mitigation Bank in Homestead, Florida. A State Environmental Resource Permit application was received on January 5, 2023. Multiple requests for additional information have been sent to the applicant. The application was submitted by Shlomo Melloul, Managing Member of Port 1850, LLC, as the owner of the property. The applications remain under review pending 1) submittal of application fees, 2) submittal and review of a Surface Water Management application and associated fees, 3) status of the LAPC designation, 4) wetland avoidance, minimization, and mitigation technical issues, 6) identification of cumulative impacts, 7) evaluation of impacts to tidal flow/flushing, and 8) submittal of draft Conservation Easement documents. A County Surface Water Management License application has not been received as of the date of this Memorandum. EPD Comments Regarding LAPC Designation Shutts & Bowen LLP’s request to the Broward County Planning Council is to amend the ESL map, removing the LAPC designation from a significant portion (4.1 acres) of the approximate 5.113-acre site of mangrove wetlands for a commercial development on folio # 504226000021. The following section details the criteria for LAPC designation, the applicant’s evaluation of the Site, and EPD’s comments and observations: A. Criterion: Marine Resources -Coastal areas of unique, scarce, fragile, or vulnerable natural habitat, physical features and scenic importance, or; coastal areas of high natural productivity or essential habitat for fish, wildlife, Broward County Board of County Commissioners Mark D. Bogen • Lamar P. Fisher • Beam Furr • Steve Geller • Robert McKinzie • Nan H. Rich • Hazelle P. Rogers • Tim Ryan • Michael Udine www.broward.org MEMORANDUM Environmental Permitting Division ESL Map Amendment Proposed for LAPC #97 February 27, 2024 Page 2 of 5 and the various trophic levels in the food web critical to their well-being, or; coastal areas of substantial recreational value and/or potential, or; areas needed to protect, maintain, or replenish coastal flood plains, coral and other reefs, beaches, offshore sand deposits and mangrove stands. Applicant: The Subject Site does not have resources that are unique, scarce, fragile or vulnerable. The 5.11-acre Site contains 4.21 acres of mangrove wetland with a fringe of disturbed uplands on the west side. The dominant species on site were red and black mangroves and consisted of non-native species such as Brazilian pepper, earleaf acacia and Australian pine. The interior of the Site displays some evidence of previous alteration, and the Site is surrounded by commercial parcels. Staff comments: The Site meets the above criteria as “coastal areas of high natural productivity or essential habitat for fish, wildlife, and the various trophic levels in the food web critical to their well-being”. The Site is contiguous with approximately 160 acres of red and black mangroves and provides habitat and food web support. B. Criterion: Natural Landforms and Features -A geological, hydrological, or physiographical feature confined to a small area of Broward County and considered quite rare locally or regionally, or; a representative natural ecosystem and/or its units existing in a few isolated locations, but extirpated from most of the county. Applicant: No locally or regionally rare geological, hydrological, or physiological features are present on site. Overall, the majority of existing mangrove wetlands within Broward County are located east of US-1 within the center of the County, primarily within Broward County’s West Lake Park and John U. Lloyd State Park. Additional smaller contiguous areas of existing mangroves are located within Port Everglades, Broward County’s Deerfield Island Park, the Bonnet House, Hugh Taylor Birch State Park and the City of Hollywood’s Holland Park. Remaining areas of mangroves consist primarily of small mangrove fringes present along existing canals and channelized waterways, including those within South Florida Water Management District right-of- way. These mangrove areas are typically under various forms of site protection, either as conservation easements or within designated park boundaries. Thus, the site is not considered rare locally or regionally. The loss of this low quality, degraded wetland would result in an insignificant loss of wetland function to Broward County. Staff comments: Mangroves are limited to the eastern edge of Broward County in areas of tidal influence and are therefore a very small percentage of the overall county habitat. This Site is not a “low quality, degraded wetland”. Impacts to small parcels of mangrove wetlands does have a cumulative impact to the overall coverage of mangroves in the County. The Site meets the criteria above as a natural ecosystem and physiographical feature confined to a small area of the County. C. Criterion: Native Vegetative Communities (a) A Local Area of Particular Concern (Native Vegetative Communities Category) is an area which shows a predominance of native vegetation associated with one or more of the following ecological communities: Beach and Dune Community; Coastal Strand Forest Community; Mangrove Community (Saltwater Swamp); Scrub Community; Pine Flatwoods Community; High Hammock Community; Low Hammock Community; Cypress Wetland Community (Freshwater Swamp); Ever-glades Community (Freshwater Marsh). Applicant: While mangroves are present within the site, the mangroves observed appeared stressed, most likely due to the existing elevations and previous alteration of the site. In addition, exotic Brazilian pepper, Australian Pine, and earleaf acacia are present which make this a low-quality mangrove wetland. Staff comments: Mangroves on site are mature red and black mangroves. The only documented alteration of the Site was the created of two small surface water bodies, between 1955 and 1963 during the installation of the FPL transmission lines, which was conducted prior to County licensing regulations. The exotics mentioned are Broward County Board of County Commissioners Mark D. Bogen • Lamar P. Fisher • Beam Furr • Steve Geller • Robert McKinzie • Nan H. Rich • Hazelle P. Rogers • Tim Ryan • Michael Udine www.broward.org MEMORANDUM Environmental Permitting Division ESL Map Amendment Proposed for LAPC #97 February 27, 2024 Page 3 of 5 limited to the western upland edge of the Site. The Site meets the criterion above with a predominance of native vegetation associated with a mangrove community. (b) In addition, a Local Area of Particular Concern (Native Vegetative Communities Category) must satisfy at least three of the following criterion: i. Uniqueness -The site contains a significant sample of rare or endangered species, or, the site is among a small number of sites in Broward County representing a particular ecological community. Applicant: The site was surveyed for the potential presence of listed species and/or listed species habitat. Due to the developed surroundings, existing vegetative conditions, and use of the eastern portion of the site, the subject area does not provide for roosting or forage habitat by listed species, and any use by such species would likely be only transient in nature. The site is not a highly productive coastal tideland as a low amount of tidal inundation occurs. The site is not used for scientific study or research on wildlife. Staff comments: The Site meets the criteria above as there are a small number mangrove parcels in relation to the overall county size. This Site was inspected on February 16, 2024, and was found to contain a 15-20’ wide fringe of exotic vegetation on the western edge. The remaining area contains approximately a 95% canopy of mature red and black mangroves. The Site is tidally flushed. Some anthropogenic impacts of trash were noted. The area provides nursery habitat for many species fishes, and foraging habitat for crustaceans, invertebrates, reptiles, and birds. Mangroves contribute to the overall health of an ecosystem by providing habitat, trapping and cycling of nutrients and organics. Mangroves also provide food for many species from the algae that grows on the roots. Extensive areas of mangroves are a unique and very limited resource in Broward County. This Site is situated within approximately 160 acres of undeveloped land, mostly mangroves. ii. Diversity -A significant sample of two or more ecological communities are contained within the site. Applicant: Only one ecological community is present, a mangrove wetland. Staff comments: The Site provides two habitats, the upland western edge and the mangrove wetlands, therefore, the Site meets the criteria above. iii. Low Level of Exotic Invasion -The degree and nature of exotic invasion on the site is such that it can be easily managed or mitigated. Applicant: Brazilian pepper, Australian pine, and earleaf acacia are scattered throughout the site and cannot be easily maintained. Staff comments: Exotics are limited to the western upland edge of the Site and can be treated or removed. The remainer of the Site is mature red and black mangroves. Ground coverage includes mangrove saplings and black mangrove pneumatophores. The Site meets the criteria above. iv. Potential for Protection -Ownership patterns, development status and other factors make the resources of a site likely to be successfully protected. Applicant: The adjacent properties to the west are continually being developed into commercial properties. The Site and the surrounding area are not likely to be protected in the future due to continuing development. Broward County Board of County Commissioners Mark D. Bogen • Lamar P. Fisher • Beam Furr • Steve Geller • Robert McKinzie • Nan H. Rich • Hazelle P. Rogers • Tim Ryan • Michael Udine www.broward.org MEMORANDUM Environmental Permitting Division ESL Map Amendment Proposed for LAPC #97 February 27, 2024 Page 4 of 5 Staff comments: The Site abuts mangrove wetlands which are owned by Broward County and a FPL transmission line easement. Development impacts are low for those parcels. The Site is hydrologically connected tidally connected to the Dania Cut-off Canal to the south and contiguous to adjacent mangrove wetlands. All stormwater runoff entering the site is pretreated. The area is tidally flushed daily. The Site meets the criteria above. v. Geography -The site has proximity to other resources which would heighten its value as a LAPC (e.g., other ESLs, public parks, waterfront). Applicant: Commercial development exists adjacent to the west of the site. Wetlands exist to the north, east, and south and are part of parcels that consist of FP&L transmission lines. In addition, Port Everglades and the Fort Lauderdale / Hollywood International Airport are in the immediate surrounding area. Staff comments: This Site is a portion of approximately 160 acres of mangrove wetlands. It is also tidally connected to the Dania Cut-off canal, and by extension to West Lake Park. The Site meets the criteria above. D. Criterion: Wildlife -Existing wildlife refuges, reserves, and sanctuaries, or; known habitats of rare, threatened, or endangered species or species of special concern, or; major wildlife intensive use areas such as well-developed hammock communities, highly productive coastal tidelands, and mangroves, or; areas used for scientific study and research on wildlife. Applicant: The Site was surveyed for the potential presence of listed species and/or listed species habitat. Due to the developed surroundings, existing vegetative conditions, and use of the eastern portion of the site, the subject area does not provide for roosting or forage habitat by listed species, and any use by such species would likely be only transient in nature. Staff comments: The Site is contiguous to approximately 160 acres of mangrove habitat which provides roosting, foraging, refuge for many species. The Site meets the criteria above. E. Criterion: Economic Resources -Existing ports, marinas, piers, energy resources, and artificial reefs, or; areas noted for specific study and research concerning economic development. Applicant: Port Everglades and the Fort Lauderdale/Hollywood International Airport are present in the immediate vicinity of the subject site. No known specific study or research is being conducted concerning the site and economic development. Staff comments: The Site is not an economic resource or currently an area of known specific study. F. Criterion: Cultural Resources -Sites designated on the National Register of Historic Places or on the Florida Master Site File, or; sites related to the general development of the local area, region, or State, or; buildings which are significant examples of the architectural design of their period, or; sites associated with the life/lives of important person(s), or social, political, cultural, or economic movements or with historical events, or; archaeological sites which have yielded useful information on the area's past. Applicant: No cultural resources are present. The site is not designated on the National Register of Historic Places or on the Florida Master Site File. The Department of Historical Resources reviewed the site as part of the U.S. Army Corps permit process. Staff comment: No known cultural resources are present. Broward County Board of County Commissioners Mark D. Bogen • Lamar P. Fisher • Beam Furr • Steve Geller • Robert McKinzie • Nan H. Rich • Hazelle P. Rogers • Tim Ryan • Michael Udine www.broward.org MEMORANDUM Environmental Permitting Division ESL Map Amendment Proposed for LAPC #97 February 27, 2024 Page 5 of 5 EPD Staff Recommendation Based upon EPD’s research and direct observations, the Site continues to meet the criteria for LAPC designation. Development of this site will have negative impacts to the adjacent mangrove area since the development would create a dam, limiting tidal flow / flushing to the northern wetlands. Retaining walls will have to be constructed, and the construction and footprint may impact additional wetlands. Expansive mangrove wetlands habitat is a limited resource in Broward County with areas constantly under threat from development. There are few sites of this size remaining, and this Site provides habitat for a variety of species. There is a cumulative impact to overall mangrove wetland resources from projects proposing impacts. Based on the information above, EPD must object to the proposed removal of the LAPC designation and amendment of the ESL map. Enclosure: EPD Inspection Report dated February 16, 2024 Broward County Board of County Commissioners Mark D. Bogen • Lamar P. Fisher • Beam Furr • Steve Geller • Robert McKinzie • Nan H. Rich • Hazelle P. Rogers • Tim Ryan • Michael Udine www.broward.org History: Request to remove the referenced site from Environmentally Sensitive Lands Site LAPC #97 designation as part of ERL application DF22-1121 which proposes impacts to 4.1ac of wetlands for commercial development and proposes mitigation through credits at Everglades Mitigation Bank. Issues: Staff assessed quality of mangrove wetland Observation(s): Mangrove density is high. Description Note over 95% canopy coverage of healthy red and black mangroves approximately 20 feet east from western property line. Location is near western edge of wetland delineation line. 1 N Description Note 85% ground coverage of black mangrove pnuematophores. Environmental Permitting Division -Site Inspection Report Facility/Site Name: Dania Mangrove Parcel LAPC#97 504226000021 DF22-1121 Address: Access Rd Dania Beach February 16, 2024 M. Decker, K. Scheffer Folio No.: Date Inspected: License No.: Inspector(s): Description Note natural recruitment of mangrove saplings. Environmental Permitting Division -Site Inspection Report Facility/Site Name: Dania Mangrove Parcel LAPC#97 504226000021 DF22-1121 Address: Access Rd Dania Beach February 16, 2024 M. Decker, K. Scheffer Folio No.: Date Inspected: License No.: Inspector(s): History: Request to remove the referenced site from Environmentally Sensitive Lands Site LAPC #97 designation as part of ERL application DF22-1121 which proposes impacts to 4.1ac of wetlands for commercial development and proposes mitigation through credits at Everglades Mitigation Bank. Issues: Staff assessed quality of mangrove wetland Observation(s): Mangrove species are healthy and providing habitat. Description Note healthy red mangroves over 24 feet tall. 2 N Description Note red mangrove prop root ground coverage over 85%. History: Request to remove the referenced site from Environmentally Sensitive Lands Site LAPC #97 designation as part of ERL application DF22-1121 which proposes impacts to 4.1ac of wetlands for commercial development and proposes mitigation through credits at Everglades Mitigation Bank. Issues: Staff assessed quality of mangrove wetland Observation(s): Mangroves maintain quality in presence of invasives Description Note aerial view of canopy maintains 75% mangrove species on Australian pine “island” where invasives were observed. 3 Description Note red mangroves encroaching into Australian pine “island”. N Environmental Permitting Division -Site Inspection Report Facility/Site Name: Dania Mangrove Parcel LAPC#97 504226000021 DF22-1121 Address: Access Rd Dania Beach February 16, 2024 M. Decker, K. Scheffer Folio No.: Date Inspected: License No.: Inspector(s): ATTACHMENT 6 BROWARDNEXT-BROWARD COUNTY LAND USE PLAN HIGHLIGHTED REGIONAL ISSUES, POLICIES, IMPLEMENTATION REQUIREMENTS AND PROCEDURES, AND RECOMMENDED PRACTICES IDENTIFIED IN THE CONSIDERATION OF PCNRM 24-3 BCLUP SECTION 1: HIGHLIGHTED REGIONAL ISSUES CLIMATE CHANGE RESILIENCE VISION Strategy CCR-2: Increase the resilience of our community to the effects of climate change. Implementation strategies include: In coordination with municipalities, adopting land use regulations to limit development and redevelopment in areas particularly vulnerable to flooding due to sea level rise, stormwater inundation, and other impacts of climate change. WORLD-CLASS NATURAL RESOURCE PROTECTION & ENHANCEMENT VISION Strategy EP-3: Preserve and protect Broward County’s natural environment through County and local environmental regulatory programs and well-planned patterns of growth and development. Implementation strategies include: Acquire, protect, preserve and enhance Local Areas of Particular Concern. BCLUP SECTION 2: POLICIES CLIMATE RESILIENCY, ADAPTATION ACTION AREAS AND PRIORITY PLANNING AREAS POLICY 2.21.1 Broward County shall evaluate plan amendments within Priority Planning Areas for Sea Level Rise and strongly discourage those amendments which would place additional residential and non-residential development at risk of flooding from sea level rise. In review of such amendments, the County shall consider: a. Sea level rise/flood protection mitigation strategies and requirements included within local comprehensive plans and/or development regulations; or b. Flood protection improvements committed to by amendment applicants, which would mitigate or enhance flood protection and adaptation from rising sea levels. POLICY 2.21.5 Broward County shall, prior to approving land use plan amendments in the areas prone to flooding and/or the impacts of sea level rise, as identified on the Flood Plains, Flood Prone Areas, and Coastal High Hazard Areas Map and the Priority Planning Areas for Sea Level Rise Map, respectively, determine that the subsequent development will be served by adequate storm water management and drainage facilities, not adversely affect groundwater quality or environmentally sensitive lands and not increase saltwater intrusion or area-wide flooding. - 1 - POLICY 2.21.6 Broward County shall support the goals and will, to the maximum extent feasible, implement, in coordination with affected stakeholders, the recommended actions of the Broward County Climate Change Action Plan and the Southeast Florida Regional Climate Action Plan as approved by the Broward County Climate Change Task Force and the Broward County Board of County Commissioners. WETLANDS POLICY 2.22.2 Broward County and its local governments shall consider the impacts of land use plan amendments on wetland resources and minimize those impacts to the maximum extent practicable. ENVIRONMENTALLY SENSITIVE LANDS POLICY 2.23.1 Natural resources that have been found to comply with the definition of Local Areas of Particular Concern have been identified on a Map of Local Areas of Particular Concern within the Future Broward County Land Use Map Series. POLICY 2.23.2 Local Areas of Particular Concern are declared to be environmentally sensitive lands and upon adoption of this plan shall be subject to the provisions of the Broward County Land Development Code regarding environmentally sensitive lands. POLICY 2.23.3 Broward County shall implement strategies for the protection of Local Areas of Particular Concern and other environmentally sensitive lands such as: acquisition by public or private organizations; establishment of a County trust fund for acquisition; adoption of innovative land development regulations; conservation easements; transfer of development rights; deed restrictions; and restrictive covenants. POLICY 2.23.4 By 2019, Broward County shall work with Broward’s municipalities and interested stakeholders to study and recommend incentives to preserve designated environmentally sensitive lands that are privately controlled. BCLUP SECTION 2: IMPLEMENTATION REQUIREMENTS AND PROCEDURES 7. CRITERIA AND PROCEDURES FOR ENVIRONMENTALLY SENSITIVE LANDS AND LOCAL AREAS OF PARTICULAR CONCERN g. Local Areas of Particular Concern Local Areas of Particular Concern (LAPCs) may be designated in six categories according to the types of resources present. Unless otherwise indicated, LAPCs must have one or more of the characteristics for the respective category. - 2 - 1. Marine Resource Category Coastal areas of unique, scarce, fragile, or vulnerable natural habitat, physical features and scenic importance, or; coastal areas of high natural productivity or essential habitat for fish, wildlife, and the various trophic levels in the food web critical to their well-being, or; coastal areas of substantial recreational value and/or potential, or; areas needed to protect, maintain, or replenish coastal flood plains, coral and other reefs, beaches, offshore sand deposits and mangrove stands. 2. Natural Landforms and Features Category A geological, hydrological, or physiographical feature confined to a small area of Broward County and considered quite rare locally or regionally, or; a representative natural ecosystem and/or its units existing in a few isolated locations, but extirpated from most of the county. 3. Native Vegetative Communities Category (a) A Local Area of Particular Concern (Native Vegetative Communities Category) is an area which shows a predominance of native vegetation associated with one or more of the following ecological communities: Beach and Dune Community; Coastal Strand Forest Community; Mangrove Community (Saltwater Swamp); Scrub Community; Pine Flatwoods Community; High Hammock Community; Low Hammock Community; Cypress Wetland Community (Freshwater Swamp); Ever- glades Community (Freshwater Marsh). (b) In addition, a Local Area of Particular Concern (Native Vegetative Communities Category) must satisfy at least three of the following criteria: i. Uniqueness -The site contains a significant sample of rare or endangered species, or, the site is among a small number of sites in Broward County representing a particular ecological community. ii. Diversity -A significant sample of two or more ecological communities are contained within the site. iii. Low Level of Exotic Invasion -The degree and nature of exotic invasion on the site is such that it can be easily managed or mitigated. iv. Potential for Protection -Ownership patterns, development status and other factors make the resources of a site likely to be successfully protected. v. Geography -The site has proximity to other resources which would heighten its value as a LAPC (e.g., other ESLs, public parks, waterfront). - 3 - 4. Wildlife Category Existing wildlife refuges, reserves, and sanctuaries, or; known habitats of rare, threatened, or endangered species or species of special concern, or; major wildlife intensive use areas such as well-developed hammock communities, highly productive coastal tidelands, and mangroves, or; areas used for scientific study and research on wildlife. 5. Economic Resource Category Existing ports, marinas, piers, energy resources, and artificial reefs, or; areas noted for specific study and research concerning economic development. 6. Cultural Resource Category Sites designated on the National Register of Historic Places or on the Florida Master Site File, or; sites related to the general development of the local area, region, or State, or; buildings which are significant examples of the architectural design of their period, or; sites associated with the life/lives of important person(s), or social, political, cultural, or economic movements or with historical events, or; archaeological sites which have yielded useful information on the area's past. BCLUP SECTION 3: RECOMMENDED PRACTICES ENVIRONMENTAL POLICY 3.3.6 Promote the acquisition, retention and management of unique natural areas in order to preserve their environmental, recreational and other public benefits. POLICY 3.3.9 Discourage activities in the vicinity of Local Areas of Particular Concern which would have a detrimental impact upon such areas. POLICY 3.3.10 Encourage local governments to protect natural resources through the implementation of land development regulations and procedures that promote the acquisition, retention and management of such areas. - 4 - July 23, 2024 Josie P. Sesodia AICP, Director Urban Planning Division 1 N University Drive, Box 102 Plantation, FL 33324 7/23/2024RE: NSU Port Parcel TCG Project No. 14-0080.002 ERL No. DF20-1121 Dear Mrs. Sesodia: The Chappell Group, Inc. (TCG) is in receipt of comments dated February 14, 2024, regarding the above referenced project and provides the following response(s) to your requests. Your comments related to the proposed project are noted followed a response in bold: 1. The County is required by policy to continue reviewing and protecting designated LAPCs and wetland areas, and encouraging practices that optimize co-benefits of habitat restoration. The following Broward County Comprehensive Plan Elements apply, including Climate Change-Objective CC4 and related policies, Conservation-Objective C6 and related policies, and Water Management: a. Policy C6.1 states that the County shall continue to maintain a Map of County Commission Designated properties of ecological concern to include those areas designated as LAPC, NRAs, ESLs, UWAs, and those land on the Urban Wilderness Inventory. b. Policy C6.7 states that the County shall continue to maintain and implement regulations that protect and preserve trees, including those in areas of native vegetative communities, and promote the use of native vegetation. Response: Within the upland portion of the subject site, there is a totalof sixty-three (63) trees in which sixty-two (62) of these trees are exoticincluding Australian pine (Casuarina equisetifolia), Brazilian peppertree (Schinus terebinthifolia), carrotwood (Cupaniopsis anacardioides), and earleaf acacia (Acacia auriculiformis). One native, non-invasive tree was identified as sea grape (Coccoloba uvifera). The proposed project consists of the removal of exotic vegetation and theexisting exotic trees will be replaced with native trees according to theCity of Dania Beach’s tree removal requirements. 1 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants c. Policy C6.9 states that Broward County shall assess the vulnerability of specific species, habitats, landscapes, and ecosystem functions that may be sensitive to climate change and develop coping strategies and contingency plans for their adaptation, such as identifying habitats that may be viable during climate disturbances and could potentially serve to give refuge to and sustain at-risk species. Response: A cumulative impact analysis was prepared and accepted by the environmental agencies which demonstrate that a cumulative impact to the New River Basin (Broward County) would not occur, and thus, a mitigation credit purchase from Everglades Mitigation Bank would fully offset the impacts of the proposed project. In addition, the migration of species as environmental conditions change will not be altered as the surrounding parcels such as the conservation easement at Port Everglades to the east, West Lake Park/Anne Kolb Nature Center to the south, and Snyder Park to the west provide a larger areafor nesting and foraging of migratory species. d. Objective CC4 – Utilize Green Infrastructure Solutions for Maximum Co- benefits --Understand the value of ecosystem services to our community and expand green infrastructure to optimize the co-benefits of habitat restoration, coastal buffers, wetland mitigation, urban reforestation, natural night skies, and local food production, in order to create a healthy, enjoyable, and climate resilient environment. Response: The proposed project involves wetland mitigation in the form of enhancing and preserving 1.29 acres of wetlands on site and in the form of a credit purchase from the Everglades Mitigation Bank (EMB). The purchase of credits from the EMB will result in a significantly higher value habitat than the habitat located at the subject site. The EMB also provides regional ecological value and substantially higher ecological value than the mangroves/wetlands proposed to be impacted. EMB is located between Everglades National Park and Biscayne Bay National Park, which provides a wildlife corridor that allows wildlife to roam between parks. EMB also undergoes continual restoration and enhancement projects to includehydrologic improvements and vegetation management to provide long term benefits to wildlife. e. Policy WM3.9 states that Broward County will protect the water storage and water quality enhancement functions of wetlands, floodplains, and aquifer recharge areas through acquisition, enforcement of rules, and the application of best land and water management practices. Response: Please see attached letter from Langan. 2 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Tree Surveys/Appraisals ׀ SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants 2. Protected designations have not changed in the past 35+ years. Since 1989, before the adjacent land was developed, several environmental protection designations have been placed on the property by the County Commission, including LAPC and NRA and to date none have been removed. 3. The site is identified as a wetland and flood prone area requiring water quality protections. The subject property is reflected in both the County’s Eastern Wetlands Map (LUP Natural Resource Map Series) and the Flood Prone Areas Map, indicating that it may be prone to flooding and/or the impacts of sea level rise. Any development will be required to demonstrate that it can be served by adequate storm water management and drainage facilities, not adversely affect groundwater quality or environmentally sensitive lands, and not increase saltwater intrusion or area-wide flooding, (BCLUP Policy 2.21.5.) Comprehensive Plan policies also focus on protecting wetlands and water quality CC3.10, C8.2, C8.9, C8.10, WM2.13, WM3.9, and WM3.15. Response: Please see attached letter from Langan. 4. Removal of the LAPC designation is not supported. Based on the Implementation Requirements and Procedures of the BC LUP, Section #7. “Criteria and Procedures for Environmentally Sensitive Lands and Local Areas of Particular Concern,” the subject property appears to continue to be a wetland and continues to be consistent with LAPC criteria. Response: The subject property will remain a wetland on 1.29 acres of the eastern portion of the site. The wetlands will be encumbered by a Conservation Easement. 5. Removal of LAPC designation would likely result in the request for removal of other private properties located within ESL #97, as well as impact the resiliency of the coastal wetland system where it is located. Response: Approximately 1.29 acres of wetlands will remain on site. The wetlands to remain on site are located on the eastern portion of the site to allow hydrologic connection to the existing wetlands surrounding the property to the north, east, and south. The 1.29 acres of wetlands to be preserved on site will be placed under a Conservation Easement. The majority of the other properties within ESL #97 are not privately owned and are owned by the Broward County Board of County Commissioners. The few other properties located within ESL #97 that are privately owned have been partially developed with wetlands on site encumbered by a Conservation Easement, which is similar in nature to this request. 3 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Tree Surveys/Appraisals ׀ SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants Since the inception of the Broward County Comprehensive Plan (1989), LAPC #97, which includes the subject site, has consistently been identified as a wetland and environmentally sensitive site. Based on the above findings, Urban Planning Division staff sees no justification for changing ELS designations, including its LAPC designation. Removing LAPC designation could affect similarly situated properties within LAPC #97, thus reducing the natural protections and drainage provided to surrounding properties by this system of wetlands. Response: As mentioned above, the 1.29 acres of wetlands to be preserved on site will be placed under a Conservation Easement. The majority of the other properties within ESL #97 are not privately owned and are owned by the Broward County Board of County Commissioners. The few other properties located within ESL #97 that are privately owned have been partially developed with wetlands on site encumbered by a Conservation Easement, which is similarin nature to this request. If the LAPC designation is removed, then subsequent development should demonstrate that it can be served by adequate storm water management and drainage facilities, not adversely affect groundwater quality or environmentally sensitive lands, and not increase saltwater intrusion or area-wide flooding, per BCLUP Policy 2.21.5. Furthermore, to the highest extent possible, tree canopy and native trees should be preserved onsite and green infrastructure solutions/infrastructure should be considered to optimize environmental impact mitigation, per Chapter 27, Article XIV-Tree Preservation and Abuse Ordinance. Any remaining wetlands should be actively managed by maintaining sustainable water levels and removing invasive species, as proposed in the Application, which should include a wetland maintenance plan. Response: Please see attached letter from Langan. Please note that per BCLUP Policy 2.23.2, “Local Areas of Particular Concern are declared to be environmentally sensitive lands and upon adoption of this plan shall be subject to the provisions of the Broward County Land Development Code regarding environmentally sensitive lands.” Therefore, if development is proposed on the subject site, the application will be subject to the requirements of Chapter 5, Article IX.-Broward County Land Development Code, Division 2.-Development Review Requirements, Section 182.8 (a) Consideration of Impact on Environmentally Sensitive Lands and Archaeological Resources. Additionally, since the subject site is also a designated Natural Resource Area and designated environmentally sensitive lands with natural forests are considered Natural Forest Communities, site clearing, wetland impacts and land development are subject to the following County codes: • Chapter 27, Article XI – Aquatic and Wetland Resource Protection. • Chapter 5, Article XII – Natural Resource Areas 4 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Tree Surveys/Appraisals ׀ SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants • Chapter 27, Article XIV – Tree Preservation and Abuse Ordinance -Section 27-411 – Natural Forest Communities Response: An application has been submitted to the Resilient Environment Department and is being processed under application no. DF20-1121. A Tree Removal license will also be applied for. A tree survey has been performed which identified a total of sixty-three (63) trees in which sixty-two (62) of these trees are exotic including Australian pine (Casuarina equisetifolia), Brazilian peppertree (Schinus terebinthifolia), carrotwood (Cupaniopsis anacardioides), and earleaf acacia (Acacia auriculiformis). One native, non-invasive, tree was identified as sea grape (Coccoloba uvifera). The proposed project consists of the removal of exotic vegetation and the existing exotic trees will be replaced with native trees according to the City of Dania Beach’s tree removal requirements. If you have any further questions or comments, please feel free to contact my office at (954)782-1908 or via email at jena@thechappellgroup.com. Sincerely, THE CHAPPELL GROUP, INC. Jena Robbins Project Manager 5 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Tree Surveys/Appraisals ׀ SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants CUMULATIVE IMPACT ANALYSIS FOR NSU PORT PROPERTY BCEPGMD ERL APPLICATION NO. DF20-1121 404 APPLICATION NO. 06-396518-001-SFI TCG Project No. 14-0080.002 Prepared for Shlomo Melloul August 2023 Prepared by The Chappell Group, Inc. 714 East McNab Road Pompano Beach, FL 33060 (954) 782-1908 www.thechappellgroup.com 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Surveys/AppraisalsTree ׀ T & E Species Surveys ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants Table of Contents I. Site Description II. Wetland Impacts III. Wildlife Utilization IV. New River Drainage Basin V. Mitigation VI. Conclusion Appendices Location Map Figure 1 Data Analysis Map Figure 2 Everglades Mitigation Bank Service Area Appendix A 2 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Tree Surveys/Appraisals ׀ SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants I. SITE DESCRIPTION Since the mitigation for the proposed project is not located within the same basin as the wetland impacts, a cumulative impact analysis was conducted of the disturbed mangrove wetlands within the New River Basin pursuant to Rule 10.2.8 of Volume I of the Basis of Review. The analysis was conducted on the existing ±5.11-acre parcel located east of NE 7th Avenue and west of an existing Florida Power and Light transmission easement in Dania Beach, Broward County, Florida (Figure 1). The site was investigated to identify native vegetative communities, determine viability of indigent habitats, and note the presence or absence of threatened or endangered species as listed by the U.S. Fish and Wildlife Service, Florida Game and Fresh Water Commission (FGFWCFC), and the Florida Department of Agriculture. The subject site is bordered on the north and south by undeveloped parcels, on the east by an existing FPL transmission easement, and on the west by commercially developed areas and roads. While no topographic survey data was available, elevations on-site appeared to average 1-2’ below the surrounding developments. The project site consists mainly of mangrove wetlands with a fringe of disturbed uplands on the west side. Observed vegetation onsite consisted mainly of mangroves with scattered non-native canopy species and groundcovers common to disturbed wetlands and transitional habitats. The dominant species on site were red mangrove (Rhizophora mangle) and black mangrove (Avicennia germinans). Non-native canopy species present onsite included Brazilian pepper (Schinus terebinthifolius), earleaf acacia (Acacia auriculiformis) and Australian pine (Casuarina equisetifolia). The wetland area contains obligate wetland vegetation and hydric soils with standing water, serving as evidence of wetland hydrology. The interior of the site displays some evidence of previous alteration, with two (2) small open water areas and channelized ditches in the center and western half of the site. Excavated material from these areas is present onsite, with a few linear and curvilinear areas existing at elevations 6-8” above the surroundings. These areas contain transitional and upland vegetation, primarily C. equisetifolia, but exist at wetland elevations with wetland soil characteristics. Overall, based on the observed site conditions, including a review of vegetation and soils onsite, it was determined that the project site consisted mainly of jurisdictional wetlands, with minimal upland areas of disturbed soils and scattered fill along the perimeter of the site. Soils observed during the determination reflected the soils were mainly consistent with Pennsuco silty clay loam, as well as partially Perrine silty clay loam. 3 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Tree Surveys/Appraisals ׀ SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants NE 7 T H A V E N U E PREPARED FOR: · Environmental Consultants · Marina & Wetland Permitting · Mitigation Design & Monitoring · T&E Species Surveys · Tree Surveys/Appraisals of :Date: Proj No.: Sheet : 1SHLOMO MELLOUL NSU PORT PROPERTY 11/2/2021 14-0080.002 1 FIGURE 1 - LOCATION MAP NORTH S F E D E R A L H I G H W A Y TERMINAL DRIVE ACCESS ROAD N.T.S SUBJECT SITE THIS DRAWING AND ALL APPURTENANT MATTER CONTAINS INFORMATION PROPRIETARY TO THE CHAPPELL GROUP, INC. AND IS LOANED SUBJECT TO RETURN UPON DEMAND AND MUST NOT BE REPRODUCED, COPIED, LOANED, REVEALED, NOR LISTED FOR ANY PURPOSE OTHER THAN THAT FOR WHICH IT IS SPECIFICALLY FURNISHED WITHOUT EXPRESSED WRITTEN CONSENT OF THE CHAPPELL GROUP, INC. © THE CHAPPELL GROUP, INC. 2021 The property contained ±4.21 acres of jurisdictional mangrove wetlands and ±0.26 acres of surface waters that were confirmed by the South Florida Water Management District and Broward County Environmental Protection & Growth Management Department. The applicant is proposing to preserve and enhance ±1.29 acres of mangrove wetlands and the filling of ±2.92 acres of mangrove wetlands with approximately 34,120 cubic yards of fill to create one (1) commercial warehouse with associated parking and infrastructure. Based on the WATER scores, the applicant is proposed to purchase 1.24 credits from the Everglades Mitigation Bank (EMB) to offset direct impacts to 2.92 acres of existing wetlands in addition to the preservation of 1.29 acres of wetlands on site. II. WETLAND IMPACTS The proposed project will directly impact 2.92 acres of mangrove wetlands located in the New River drainage basin. The existing wetland contains minimal desirable hydrophytic, overstory, shrub canopy, and ground cover. Hydrological conditions on site depend on the amount of precipitation and the elevation of the groundwater. Conditions were elevated by direct visual observation of surface inundation, soil saturation, and nearby water bodies. The proposed project will not adversely affect the navigation or flow of water or cause erosion or shoaling. This project is consistent with the existing land use requirements of Broward County and the appropriate municipality and will minimize cumulative impacts within the New River drainage basin. It is our opinion that adverse cumulative impacts will not likely result from the filling of the onsite poor-quality wetland. III. WILDLIFE UTILIZATION Several informal surveys of rare, threatened, endangered or species of special concern as listed by the Florida Department of Agriculture, The Florida fish and Wildlife Conservation Commission (FFWCC), and the U.S. Fish and Wildlife Service (USFWS) have been conducted on this property and no wildlife was observed. Based on previous studies of animal population within these communities, the following is a list of probable animal species that could occur on the site: 4 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Tree Surveys/Appraisals ׀ SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants From the list of state and federally protected species, no wildlife, rare, threatened, or endangered or species of special concern were observed on the property. The habitat value is rapidly diminishing due to extensive invasion of exotic vegetation and the deterioration caused by development in the surrounding area. In addition, a Florida Bonneted Bat (Eumops floridanus) survey was conducted, and it was determined that the site does not provide habitat for the species. The proposed project of impacting 2.92 acres of mangrove wetlands and preserving and enhancing 1.29 acres of mangrove wetlands will convert existing, low-quality wetlands to a high-quality mangrove wetland that more closely resembles saltwater marsh habitat. In addition, offsite mitigation in the EMB (Appendix A) will provide one large, viable ecosystem-oriented restoration project, which is clearly the superior alternative. The size of the Bank provides an opportunity to restore and manage a significant portion of the natural ecosystem within this area. It will also provide an important buffer and habitat link to existing and proposed conservation lands. IV. NEW RIVER DRAINAGE BASIN As the proposed project is located within the New River drainage basin and the applicant is proposing to offset proposed impacts with the purchase of mitigation 5 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Tree Surveys/Appraisals ׀ SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants credits from the Everglades Mitigation Bank (EMB), which is located in the Lower Everglades drainage basin, the applicant must demonstrate that no cumulative impacts will occur within the New River drainage basin. The most recent GIS data defining habitat types throughout the New River drainage basin was acquired using the Florida Department of Environmental Protection’s (FDEP) web-based mapping service known as Map Direct. The GIS data on mangrove habitat and the drainage basins was provided by South Florida Water Management District (SFWMD Land Use Land Cover layer) and FDEP (Florida Water Management (WMD) Cumulative Impact Basins layer). All data analysis was restricted to the New River drainage basin and all mangrove wetlands were identified using the Land Cover Land Use layer (Figure 2). Those wetlands identified as 612 mangrove cover type covers were included in the data analysis. Mangrove wetlands were than categorized as “protected” or “at-risk”. Wetlands were categorized as “protected” if they were owned by agencies at the federal, state, county, or local level or were previously placed under a conservation easement. Wetlands were categorized as at risk if they were privately owned or were not placed under a conservation easement. The data analysis to determine if a wetland was protected or at-risk involved permit research through the Broward County Environmental Protection and Growth Management Department and SWFMD. In addition, the FL-SOLARIS/CLEAR Conservation Easements and FL- SOLARIS/CLEAR Conservation Owned Lands layers on Map Direct were utilized. The New River drainage basin comprises 409.8 square miles (262,272-acres) and approximately 30 municipalities. According to the SFWMD GIS database, there were approximately 1,569.92-acres of mangrove wetlands within the New River Drainage Basin. The majority were located east of Interstate-95 and were located within existing state and county level parks and under conservation easements. Approximately 1,446.15 acres are publicly owned and/or protected under conservation easements. Approximately 123.77 acres are at risk (privately owned), see Table 2 and 3 below. The onsite mangrove wetlands exhibit very little of the positive, preferred attributes of a high-quality wetland due to the amount of exotic plants and isolated nature. The loss of these low quality, isolated, degraded wetlands would result in an insignificant loss of wetland function to the entire New River watershed. 6 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Tree Surveys/Appraisals ׀ SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants GIS Map WRM, DEAR, Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community, Esri, HERE, Earthstar Geographics SFWMD_LCLU_2014_2016 Wetlands Water Management District (WMD) Cumulative Impact Basins SFWMD December 28, 2021 0 6.5 133.25 mi 0 10 205 km 1:288,895 Map created by Map Direct, powered by ESRI.Florida Department of Environmental Protection makes no warranty,expressed or implied,or assumes any legal liability or responsibility for the accuracy,completeness,or usefulness of any information,apparatus,product,or process disclosed,or represents that its use would not infringe privately owned rights. Table 2. Mangrove Areas in New River Drainage Basin Area (sq yd) Area (ac) Status (ac) Category Protected At-risk 144528.4316 29.86 29.86 0.00 Protected 526357.5078 108.75 108.75 0.00 Protected 357998.9434 73.97 73.97 0.00 Protected 22501.92578 4.65 4.65 0.00 Protected 255498.9395 52.79 52.79 0.00 Protected 175009.4727 36.16 0.00 36.16 At-risk 76622.33594 15.83 15.83 0.00 Protected 232136.498 47.96 47.96 0.00 Protected 1882123.646 388.87 388.87 0.00 Protected 350803.7441 72.48 72.48 0.00 Protected 276350.9238 57.10 57.10 0.00 Protected 1477478.689 305.26 305.26 0.00 Protected 136141.3516 28.13 0.00 28.13 At-risk 44657.69727 9.23 0.00 9.23 At-risk 76571.41016 15.82 0.00 15.82 At-risk 47016.71094 9.71 9.71 0.00 Protected 9764.439453 2.02 2.02 0.00 Protected 124721.082 25.77 25.77 0.00 Protected 30729.87695 6.35 6.35 0.00 Protected 71178.76172 14.71 14.71 0.00 Protected 59741.6582 12.34 12.34 0.00 Protected 181023.7891 37.40 37.40 0.00 Protected 39176.50195 8.09 8.09 0.00 Protected 57986.30273 11.98 0.00 11.98 At-risk 108689.2656 22.46 0.00 22.46 At-risk 219942.2891 45.44 45.44 0.00 Protected 46701.0293 9.65 9.65 0.00 Protected 74705.86719 15.44 15.44 0.00 Protected 32077.9707 6.63 6.63 0.00 Protected 35755.68945 7.39 7.39 0.00 Protected 234606.459 48.47 48.47 0.00 Protected 55054.58398 11.37 11.37 0.00 Protected 41564.61133 8.59 8.59 0.00 Protected 93195.6 19.26 19.26 0.00 Protected 7598414.006 1569.92 1446.15 123.77 - 7 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Tree Surveys/Appraisals ׀ SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants Table 3. Description Area (acres) % of Total Total mangrove wetlands in New River drainage basin 1,569.92 100% All protected mangrove wetlands in New River drainage basin 1,446.15 92.1% All at-risk mangrove wetlands in New River drainage basin 123.77 7.9% NSU Port Property 2.92 2.36% of at-risk wetlands (0.19% of total wetlands in basin) Any attempt to preserve this area would not accomplish the restoration of the East Everglades habitat that existed before the area was degraded by the invasion of exotic vegetation and the drainage. The applicant has established a site plan that accomplishes the project purpose and the offsite mitigation proposed will not result in a cumulative impact to the New River drainage basin. V. MITIGATION To compensate for wetland impacts, the applicant proposes to purchase 1.23 credits from the EMB, which will significantly improve the regional benefits of natural wetland functions throughout South Florida. The EMB is not located within the same drainage basin as the proposed project; however, it is located in the approved District service area (Appendix A). Use of the EMB to offset wetland impacts within the New River drainage basin has been approved previously by the District and will offset any potential impacts caused by the proposed project. In addition, the existing mangrove wetland on site is of poor quality as it consists of invasive/exotic species and is isolated in nature. The purchase of credits from the EMB will result in a significantly higher value habitat than the habitat located at the subject site. The EMB also provides regional ecological value and substantially higher ecological value than the mangroves/wetlands proposed to be impacted. EMB is located between Everglades National Park and Biscayne Bay National Park, which provides a wildlife corridor that allows wildlife to roam between parks. EMB also undergoes continual restoration and enhancement projects to include hydrologic improvements and vegetation management to provide long term benefits to wildlife. Therefore, the proposed project includes mitigation for 8 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Tree Surveys/Appraisals ׀ SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants unavoidable impacts at an approved mitigation bank and will not result in adverse impacts to water quality, habitat, hydrology or listed species. VI. CONCLUSION Overall, the proposed activity considered with past, present, and future activities would not result in violations of water quality standards or have significant adverse impacts to functions of wetlands or surface waters within the same watershed. The analysis identified mangrove wetlands in the basin that were not protected by land use restrictions or dedicated as public land as “at risk.” The proposed project impacts approximately 70% of the onsite wetlands. In the event that all projects moving forward would impact the same amount of remaining wetlands (123.77 acres left in New River drainage basin unaccounted for), this would equal 86.6 acres that would be removed from the basin. Therefore, only 5% (86.6 acres of 1,569.92 acres) of the entire basin would be impacted which is a negligible amount and is not considered a cumulative impact considering wetlands preserved/protected accounted for 92.1% of all wetlands in the basin. Based on the analysis, if all “at risk” wetlands within the basin were impacted and all mitigation was conducted outside the basin, a loss of 7.9% of wetland acreage in the basin would occur. However, in this project, the wetlands are already highly degraded which results in a minimal ecological functional loss. In addition, this is a conservative estimate as many small patches of mangroves located in residential canal systems were not included due to limitations in GIS mapping. The at-risk mangrove wetlands is also most likely significantly over-estimated due to existing regulations in place that prohibit the development of mangroves and the justification required to do so. The existing wetland has been degraded and the habitat value is rapidly diminishing because of the invasion of exotic vegetation and the deterioration caused by the industrial development in the surrounding area. In addition, similar parcels containing contiguous forested wetlands, as opposed to isolated depressional wetlands, are not common within the New River drainage basin. Given the relative lack of privately-owned parcels with existing mangrove wetlands onsite, impacts to small, isolated wetlands on subject sites would not result in a large loss of wetland acreage within the drainage basin. No portion of the property appeared to be environmentally sensitive, and the hydrologic regime is inadequate due to its isolated nature. From the list of state and federally protected species, no wildlife, rare, threatened, or endangered species or species of special concern were observed on the property. The wetlands located onsite provide little function to the watershed due to the poor quality of the wetlands. The purchase of credits from the offsite permitted EMB will offset any existing wetland function and will not result in any adverse cumulative impacts to the New River drainage basin. 9 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Tree Surveys/Appraisals ׀ SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants APPENDIX A 10 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Tree Surveys/Appraisals ׀ SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants Figure 2 .--MITIGATION SERVICE AREA •. ----------------------------~~~~~~~~~ Mitigation Service Area Service Area Area Not Included Project Site Roads .-' Rivers The Mitigation Service Ama (MSA) in Palm Beach County includes all the lands south and west of a line commencing at the Atlantic Ocean and proceeding westward along southern Palm Beach County line to U.S. Highway 1, then proceeding north along U.S. Highway 1 to State Road 794 (Yamalo Road). then proceeding westward along Yamato Road to State Road 809 (Military Trail), then proceeding northward-along Military Trail to State Road 80 (Southerfl Boulevard), then proceedin9 due west to the western Palm Beach County line, with the exception of those lands contained witr,in Ih e southwest portion'of tHe C~51 east drainage basin (also reierred 10 as the C-16N sub-basin). Use 01 the miJigation bank by projects located outside of the serVice area may be considered in accordance with 373.4136 (6) (d), F!orida Statutes. s Scale: NTS Prepared By: Cotleur & Hearing, Inc. 08/27/03 .~~f'--s de In association with: Macvicar, Federico & Lamb, Inc, and LBFH INC EVERGLADES MITIGATION BANK .-•• Approved by FDEP: Project #0193232-055 July 23, 2024 Dr. Jennifer Jurado Chief Resilience Officer and Deputy Director 115 S. Andrews Avenue, Room 329 Fort Lauderdale, FL 33301 RE: NSU Port Parcel 7/23/2024 TCG Project No. 14-0080.002 ERL No. DF20-1121 Dear Dr. Jurado: The Chappell Group, Inc. (TCG) is in receipt of comments dated February 23, 2024, from Dr. Jennifer Jurado, Chief Resilience Officer and Deputy Director, regarding the above referenced project and provides the following response(s) to your requests. Your comments related to the proposed project are noted followed a response in bold: 1. The Priority Planning Areas for Sea Level Rise Map identifies areas that are at increased risk of flooding due to, or exacerbated by, sea level rise by the year 2070. In review of land use plan amendments and requests for amendments to the Environmentally Sensitive Land Map, the County requires the applicant to demonstrate that the project will not increase saltwater intrusion or areawide floating, not adversely affect groundwater quality or environmentally sensitive lands, and that subsequent development will be served by adequate stormwater management and drainage facilities. Response: Please see attached letter from Langan. 2. The County also strongly discourages those amendments which would place additional residential and non-residential development at risk of flooding from sea level rise. The county will take into consideration sea level rise and flood protection mitigation strategies and requirements included within the city’s local comprehensive plans and/or development regulations, or improvements committed to by the applicant which would mitigate or enhance flood protection and adaptation from rising sea levels. Response: Please see attached letter from Langan. 3. The current application does not provide sufficient level of detail to evaluate how risk from sea level rise will be mitigated, how areawide flooding will be minimized, or how water quality will not be adversely affected. The Resilient Environment Department/Resilience Unit requests that these points be addressed thoroughly. 1 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants Response: Please see attached letter from Langan. 4. The Resilient Environment Department notes the applicability of Future Conditions Map Series and their use as required by Broward County Code of Ordinances for permitting and design of the proposed site. The Resilient Environment Department/Resilience Unit requests applicant to review the height of all seawalls, banks, and berms to be consistent with Chapter 39, Article XXV – Resiliency Standards for Flood Protection of the Broward County Code of Ordinances. Response: The proposed retaining wall will be consistent with Chapter 39, Article XXV. 5. In addition, BCLUP Policy 2.21.6 requires Broward County to support the goals of the Broward County Climate Change Action Plan and Southeast Florida Regional Climate Action Plan as approved by the BCBCC. CCAP Actions and RCAP Recommendations and Strategies shall also be considered in the resilience review. The applicant is specifically encouraged to consider CCAP – Healthy Community Actions 26 and 30, and Natural Systems Action 98 and RCAP Recommendations and Strategies pertaining to natural system/wetland/coastal/urban green space conservation and protections, including: NS 4.1, NS 5.1, NS 5.3, NS 12.3, NS-13, NS-15, and ST 5.1. Response: Healthy Community Action #26 requires the enhancement of the urban tree canopy to protect walkers, transit riders and bicyclists from heat and pollution. This action item does not pertain to this project as this project does not involve public parks or transit. In addition, Healthy Community Action #30 involves the reduction or urban heat island effect (increase urban tree canopy to at least 40% county wide and Natural Systems Action 98 involves increasing natural area ecosystem resilience through regional wildland fire management, exotics removal, and the expansion of short-hydroperiod wetlands. Within the uplandportion of the subject site, there is a total of sixty-three (63) trees in whichsixty-two (62) of these trees are exotic including Australian pine (Casuarina equisetifolia), Brazilian peppertree (Schinus terebinthifolia),carrotwood (Cupaniopsis anacardioides), and earleaf acacia (Acacia auriculiformis). One native, non-invasive tree was identified as sea grape (Coccoloba uvifera). The proposed project consists of the removal of exotic vegetation and the existing exotic trees will be replaced with nativetrees according to the City of Dania Beach’s tree removal requirements. The majority of recommendations provided within the Southeast Regional Climate Action Plan are to be implemented by Academic 2 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Tree Surveys/Appraisals ׀ T & E Species Surveys ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants Institution, Local Governments, Non-Profit Organization, Regional Agencies, and Financial Institutions. These do not apply to the private sector and would not be applicable to this project. In addition, the removal of 69% of the existing mangroves and canopy onsite will not impact the overall urban tree canopy and habitat diversity of the surrounding area. A cumulative impact analysis was prepared and accepted by the environmental agencies which demonstrate that a cumulative impact to the New River Basin (Broward County) would not occur, and thus, a mitigation credit purchase from Everglades Mitigation Bank would fully offset the impacts of the proposed project. In addition, the migration of species as environmental conditions change will not be altered as the surrounding parcels such as the conservation easement at Port Everglades to the east, West Lake Park/Anne Kolb Nature Center to the south, and Snyder Park to the west provide a larger area for nesting and foraging of migratory species. If you have any further questions or comments, please feel free to contact my office at (954)782-1908 or via email at jena@thechappellgroup.com. Sincerely, THE CHAPPELL GROUP, INC. Jena Robbins Project Manager 3 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Tree Surveys/Appraisals ׀ T & E Species Surveys ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants 25 June 2023 Jena Robbins Chappell Group 714 East McNab Road Pompano Beach, FL 33060 Re: Drainage Summary NSU Port Parcel Dania Beach, Florida Langan Project No.: 330111401 Dear Jena: Please allow this letter and stormwater calculations to address the stormwater related comments from Broward County on the LAPC designation removal. The proposed development will retain the 25 year storm through a network of drainage wells, exfiltration trench and retention areas. These systems will introduce a groundwater mound during rain events to area that will reduce the impact of salt water intrusion in the immediate area. Currently stormwater will fall onto the property and immediately enter the wetland system which is a brackish water body. Creating this fresh water mound during rain event will be beneficial to saltwater intrusion. The stormwater system will protect the area from flooding since it retains the 25 year storm event onsite removing a runoff volume from the overall waterhsed. The system also provides the required water quality treatment through exfiltration trench and retention areas. No runoff is discharged to the surface water bodies with the proposed design. The system is considers future sea level rise as it is design in accordance with Broward County’s future high water table maps. Sincerely, Langan Engineering and Environmental Services, LLC Michael Carr, PE, LEED AP Associate Principal Enclosure(s): Stormwater Calculations FBPE Registry No. 6601 \\langan.com\data\FTL\data4\330111401\Project Data\Correspondence\2024-06-25 Stormwater Summary.docx Langan Engineering and Environmental Services 110 E Broward Blvd., Suite 1500 Fort Lauderdale, FL 33301 (954)-320-2100 Date: June 20, 2024 Project Name: NSU Industrial Project Number: 330111401 Prepared By: NCM SURFACE WATER MANAGEMENT CALCULATIONS (S.F.W.M.D. CRITERIA) I. GIVEN: A. ACREAGE: * Excluding areas draining directly to drainage wells and mangrove preservation area 1 2 3 4 5 6 7 8 6 Swale Bottom Area = Swale Bank Area = Pavement Low Loading Area = Pavement High= N/A Green (Landscape)= N/A N/A Total = 0.020 ac. 0.026 ac. 0.939 ac. 0.500 ac. 0.290 ac. 0.000 ac. 0.000 ac. 1.77 ac. 12,613 SF SF SF SF SF SF 62,649 14,627 77,276 1.438 ac. 0.336 ac. 1.774 ac. 1.29 ac. 2.05 ac. 5.11 ac. Impervious Pervious Total Mangrove Preservation Area (Excluded) Total Contributing to Drainage Wells TOTAL 861 1,153 40,887 21,762 1 B. OTHER: 1. The current zoning on the property is I-G II. DESIGN CRITERIA: A. WATER QUALITY CRITERIA: Quality standards shall be provided during a 3 year, 1 hour storm event for one of the following three combinations: 1. If a wet detention system, then whichever is the greater of the following: a. The first inch of runoff from the entire project site. b. The amount of 2.5 inches times the percent impervious for the project site. 2. If a dry detention system, then 75% of the volume required for the wet detention system. 3. If a retention system, then 50% of the volume required. Also, the following shall apply: 4. If the property is zoned "Commercial", at least 0.5 inches of retention or dry detention pre-treatment will be required. 5. Any detention system shall be designed to discharge no more than 0.5 inches of the detained volume per day. B. WATER QUANTITY CRITERIA: 1. DESIGN EVENTS AND RAINFALL AMOUNTS: a. Design Event for Quality: Frequency: 5 year Duration: 1 hour Amount: 3.25 inches b. Design Event for Minimum Road Elevation (if not specified by Local District Criteria): Frequency: 5 year Duration: 1 day Amount: 8.50 inches c. Design Event for Minimum Discharge Elevation: Frequency: 25 year Duration: 3 day Amount: 14.00 inches d. Design Event for Minimum Finish Floor Elevation: Frequency: 100 year Duration: 3 day Amount: 17.00 inches 2. ADDITIONAL DESIGN INFORMATION: a. Design Water / Control Elevation: 2.00 NAVD (Note: Proposed minimum road elevation must be at least 2 feet above the wet season water table or control elevation.) b. Drainage Basin / Canal Number: N.A. c. Receiving System Regulated Stage Elevation: N.A. NAVD d. Design Storm Allowable Discharge: 0.00 cfs. e. Time of Concentration: N.A. hour f. Minimum Discharge: Residential projects shall have systems with the calculated ability to discharge by surface flow or subsurface percolation at least 3/8 inch per day. 2 III.COMPUTATIONS: A. WATER QUALITY COMPUTATIONS: 1. Compute the first inch of runoff from the entire developed project site: = 1.00 inch X 1.774 acres X ( 1 foot / 12 inches ) = 0.148 ac-ft for the first inch of runoff 2. Compute 2.5 inches times the percent impervious for the developed project site: a. Site area for water quality pervious / impervious calculations only: = Total Project - ( Lake Area + Buildings ) = 1.774 acres - ( 0.020 acres + 0.000 acres ) = 1.754 acres of site area for water quality calculations b. Impervious area for water quality pervious / impervious calculations only: = Site area for water quality - Pervious area = 1.754 acres -0.290 acres = 1.465 acres of impervious area for water quality calculations c. Percentage of impervious area for water quality: =Impervious area for water quality / Site area for water quality X 100% = 1.465 acres / 1.754 acres X 100% = 83.49 % Impervious d. For 2.5 inches times the percentage of impervious area: = 2.5 inches X 83.49 % = 2.087 inches to be treated e. Compute volume required for quality detention: =Inches to be treated X ( Total Site Area - Lake Area ) = 2.087 inches X ( 1.774 acres -0.020 acres ) X ( 1 foot / 12 inches ) = 0.305 ac-ft required for detention storage 3. The first inch of runoff from the entire developed site = 0.148 ac-ft 2.5 inches times the percentage of impervious area = 0.305 ac-ft The volume of 0.305 ac-ft controls 4. If the project is zoned "Commercial" or if the project were discharging directly to a sensitive receiving body and is more than 40% impervious, 0.5 inches of dry detention pre-treatment must be provided: = 0.5 inches X ( Total Site Area - Lake Area ) = 0.5 inches X ( 1.774 acres -0.020 acres ) X ( 1 foot / 12 inches ) = 0.073 ac-ft required for pre-treatment 5. Compute credit for using one of the following systems: a. Wet detention volume to be provided: =Total required detention - Pre-treatment = 0.305 ac-ft -0.073 ac-ft = 0.232 ac-ft of volume required for wet detention b. Dry detention volume to be provided ( 75% of the total required detention volume ): =Total required detention volume X 75% = 0.305 ac-ft X 75% = 0.229 ac-ft of volume required for dry detention c. Dry retention volume to be provided ( 50% of the total required detention volume ): =Total required detention volume X 50% = 0.305 ac-ft X 50% = 0.153 ac-ft of volume required for dry retention B. SUMMARY OF WATER QUALITY COMPUTATIONS: Item: Description: A.1 First inch of runoff from entire project site = A.2 2.5 inches times percent impervious = A.3 Volume to be treated = A.4 Pre-treatment required for commercial site = A.5.a Wet detention volume required = A.5.b Dry detention volume required = A.5.c Dry retention volume required = A.5.d Exfiltration trench volume required = Quantity 0.148 ac-ft 0.305 ac-ft 0.305 ac-ft 0.073 ac-ft 0.232 ac-ft 0.229 ac-ft 0.153 ac-ft 0.305 ac-ft 3 C. STAGE ELEVATION INFORMATION: Item: Description: type 1 Swale Bottom Area = V 2 Swale Bank Area = L 3 N/A V 4 Pavement Low Loading Area = L 5 N/A V 6 Pavement High= L 7 Green (Landscape)= L 8 N/A L 9 N/A L 10 N/A 11 N/A E Seepage and Evapotranspiration Total: S Length Area Low High I C Total Area ft. ac. ft. ft. % % % 0.020 5.50 5.50 0 50 1.11 0.026 5.50 6.00 0 50 1.49 0.939 5.00 6.00 100 100 52.91 5.20 6.50 100 100 28.16 5.80 7.00 0 50 16.32 L V 0.500 0.290 1.774 5.00 7.00 81.07 90.54 0.00 0.00 0.00 0.00 0.00 0.00 100.0 * Abbreviations: S = Storage; ( V = Vertical Storage & L = Linear Storage ) I = Impervious C = Compaction; ( Use the following compaction factors: 0%, 50%, 100% ) T = Exfiltration Trench 4 D. SCS CURVE NUMBER AND SOIL STORAGE CALCULATIONS: 1. Soil Moisture Storage Table: Existing Soil Type: 2 FLATWOODS Depth to Water Table ft. 1 2 3 4 Cumulative Water Storage ( Pre.-Dev. ) in. 0.76 2.50 5.40 9.00 Compacted Water Storage ( Post 50% ) in. 0.67 2.19 4.73 7.88 Compacted Water Storage ( Post 100% ) in. 0.57 1.88 4.05 6.75 2. Available Soil Storage Calculation: Item: 1 2 Swale Bank Area 3 N/A 4 Pavement Low Loading Area Description: Swale Bottom Area = = = Ave. Elev. ft. 5.50 5.75 0.00 5.50 0.00 5.85 6.40 S in. 6.30 7.09 0.00 5.40 0.00 6.35 7.88 P Area acres 0.020 0.026 0.000 0.000 0.000 0.000 0.290 Volume Stored ac-in 0.12 0.19 0.00 0.00 0.00 0.00 2.28 5 N/A 6 Pavement High= 7 Green (Landscape)= 8 N/A 9 N/A 10 N/A 11 N/A Total: 0.00 0.00 0.00 0.00 6.30 0.00 0.00 0.00 0.00 33.01 0.000 0.000 0.000 0.000 0.336 0.00 0.00 0.00 0.00 2.59 * Abbreviations: S = Soil Storage P = Pervious 3. Moisture Storage Calculation ( S ): =Available soil storage / Total Site Area = 2.59 ac-in / 1.774 acres = 1.46 inches 4. SCS Curve Number Calculation ( CN ): =1000 / ( S + 10 ) =1000 / ( 1.461 + 10 ) = 87 5 E. SURFACE STORAGE CALCULATIONS: 1. Stage vs. Storage Calculations: Stage ft. 2.00 3.00 3.50 4.00 4.50 5.00 5.50 6.00 6.50 7.00 7.50 8.00 8.50 9.00 9.50 10.00 10.50 11.00 11.50 12.00 Item: 1 ac-ft 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.01 0.02 0.03 0.04 0.05 0.06 0.07 0.08 0.09 0.10 0.11 0.12 0.13 2 ac-ft 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.01 0.02 0.03 0.05 0.06 0.07 0.09 0.10 0.11 0.13 0.14 0.15 0.17 3 ac-ft 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4 ac-ft 0.00 0.00 0.00 0.00 0.00 0.00 0.12 0.47 0.94 1.41 1.88 2.35 2.82 3.29 3.75 4.22 4.69 5.16 5.63 6.10 STORAGE ( ac-ft ) 5 6 ac-ft ac-ft 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.02 0.00 0.12 0.00 0.32 0.00 0.57 0.00 0.82 0.00 1.07 0.00 1.32 0.00 1.57 0.00 1.82 0.00 2.07 0.00 2.32 0.00 2.57 0.00 2.82 0.00 3.07 7 ac-ft 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.06 0.17 0.32 0.46 0.61 0.75 0.90 1.04 1.19 1.33 1.48 1.62 8 ac-ft 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 9 ac-ft 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10 E ac-ft ac-ft 0.00 0.47 0.00 0.47 0.00 0.47 0.00 0.47 0.00 0.47 0.00 0.47 0.00 0.47 0.00 0.47 0.00 0.47 0.00 0.47 0.00 0.47 0.00 0.47 0.00 0.47 0.00 0.47 0.00 0.47 0.00 0.47 0.00 0.47 0.00 0.47 0.00 0.47 0.00 0.47 Total ac-ft 0.47 0.47 0.47 0.47 0.47 0.47 0.60 1.08 1.83 2.69 3.58 4.46 5.35 6.24 7.12 8.01 8.90 9.78 10.67 11.56 * Abbreviations: E = Exfiltration Trench 6 F. MINIMUM BUILDING FINISH FLOOR ELEVATION CALCULATIONS (ZERO DISCHARGE): 1. The rainfall amount for the 100-Year, 3-Day storm event: = 17.00 in. 2. Compute inches of runoff, Q: = ( P - ( 0.2 S ) ) ^2 / ( P + ( 0.8 X S ) ) =( 17.00 in. - ( 0.2 X 1.46 in. ) ) ^2 / ( 17.00 in. + ( 0.8 X 1.46 in. ) ) = 15.36 inches of runoff 3. Compute volume of runoff: =( Inches of Runoff ) X ( Project Area ) = 15.36 inches X 1.774 acres X ( 1 foot / 12 inches ) = 2.27 ac-ft of storage required (zero discharge) = 4. From the stage vs storage curve, 2.27 ac-ft corresponds to elevation 6.76 NAVD G. MINIMUM DISCHARGE ELEVATION CALCULATIONS (ZERO DISCHARGE): 1. The rainfall amount for the 25-Year, 3-Day storm event: = 14.00 in. 2. Compute inches of runoff, Q: = ( P - ( 0.2 S ) ) ^2 / ( P + ( 0.8 X S ) ) = ( 14.00 in. - ( 0.2 X = 12.39 inches of runoff 1.46 in. ) ) ^2 / ( 14.00 in. + ( 0.8 X 1.46 in. ) ) 3. Compute volume of runoff: = ( Inches of Runoff ) X ( Project Area ) = 12.39 inches X 1.774 acres X ( 1 foot / 12 inches ) = 1.83 ac-ft of storage required (zero discharge) 4. From the stage vs storage curve, 1.83 ac-ft corresponds to elevation 6.50 NAVD H. MINIMUM ROAD CROWN ELEVATION CALCULATIONS (ZERO DISCHARGE): 1. The rainfall amount for the 10-Year, 1-Day storm event: = 8.50 in. 2. Compute inches of runoff, Q: = ( P - ( 0.2 S ) ) ^2 / ( P + ( 0.8 X S ) ) = ( 8.50 in. - ( 0.2 X = 6.97 inches of runoff 1.46 in. ) ) ^2 / ( 8.50 in. + ( 0.8 X 1.46 in. ) ) 3. Compute volume of runoff: = ( Inches of Runoff ) X ( Project Area ) = 6.97 inches X 1.774 acres X ( 1 foot / 12 inches ) = 1.03 ac-ft of storage required (zero discharge) 4. From the stage vs storage curve, 1.03 ac-ft corresponds to elevation 5.94 NAVD 7 7.3 2.60 DA - 0 4 25-YR Storm 0.00 3.000.00 5.25 1.75 0.78 0.00 Discharge Rate of Wells(DR) CFS/FT-Head 200 GPM/FT-Head 0.45 CFS/FT-Head PROPOSED DEVELOPMENT WEIGHTED C-VALUE DA-01-Building PROPOSED CONDITION RUNOFF CALCULATIONS Horizontal Surfaces Impervious Area (Ac) Pervious Area (Ac) Weighted C-ValueC = 0.9 C = 0.3 1.431 0.9 DA-02 - West Parking Lot Horizontal Surfaces Impervious Area (Ac) Pervious Area (Ac) Weighted C-ValueC = 0.9 C = 0.3 0.310 0.091 0.76 Drainage Area Storm Event Weighted C-Value -C Intensity - I ("/hr) Area - A (Ac) Runoff (Q) - Q=C*I*A (CFS) Lowest Rim Elevation (ft) Available Head (H) ft Well Discharge Rate (CFS) Number of Wells Required Wells Provided DA - 0 1 25-YR Storm 0.90 7.3 1.43 9.40 6.21 2.71 1.21 7.79 8.00 DA - 0 2 25-YR Storm 0.76 7.3 0.40 2.23 5.20 1.70 0.76 2.94 3.00 DA - 0 3 25-YR Storm 0.76 7.3 0.22 1.21 6.00 2.50 1.11 1.09 1.00 Horizontal Surfaces Impervious Area (Ac) Pervious Area (Ac) Weighted C-ValueC = 0.9 C = 0.3 0.172 0.046 0.77 DA-03 - South Entrance Notes Wells Required 11.96 1. Discharge Rate (DR) is assumed to be 200 GPM-FT Head Per Well based onwest adjacent site drainage well rates Wells Provided 12 TOTALS CONTRIBUTING TO DRAINAGE WELLS 2. Peak Runoff Rate is the Stormwater Runoff (Q) - Discharge Rate of Existing Wells (DR)*Available Head (H). 0.1381.913 Impervious Area (Ac) Pervious Area (Ac) Total Area (Ac) 2.051 3. The available head is the height between the rim of the lowest structures connected to the drainage area network and the top of the well casing (3.5'). \\langan.com\data\FTL\data4\330111401\Project Data\_Discipline\Site Civil\Stormwater\2024-06-19 - Well Calcs.xlsx LANGAN ENGINEERING AND ENVIRONMENTAL SERVICES, LLC Site Calculation for NSU Industrial - 5 year 11850 NE 7th Avenue, Dania Beach, FL WATER QUALITY CALCULATIONS Total Site Area = 5.11 Note: Building Area and Portion of Parking lot discharging directly to Drainage Wells. Mangrove Preservation Area is NOT included Total Drainage Area = 1.72 acres. Impervious Area = 1.43 acres. (C = 0.90 ) Pervious Area = 0.29 acres. (C = 0.30 ) Lowest Grnd. Elev. for Prop. Exfil. Trench = 5.00 ft. NAVD 88 Lowest Existing Grate Elevation = 5.00 ft. NAVD 88 Top Elevation GWT Bottom Elevation Proposed Exfiltration Trench: Top Elevation = GWT = Pipe Diameter = Inv. Elevation = Bottom Elevation = Width = Weir Elevation = 4.50 2.00 18 2.00 -5.50 8.00 4.50 ft. NAVD 88 ft. NAVD 88 inches ft. NAVD 88 ft. NAVD 88 feet. ft. NAVD 88 Existing Exfiltration Trench: Top Elevation = GWT = Pipe Diameter = Inv. Elevation = Bottom Elevation = Width = Length = Assumed Usage = n/a n/a n/a n/a n/a n/a n/a 0 ft. NAVD 88 ft. NAVD 88 inches ft. NAVD 88 ft. NAVD 88 feet. feet. percent Weighted k = Safety Factor = DESIGN STORM FREQUENCY (YEARS): MINIMUM TIME OF CONCENTRATION (MINUTES): 5.00E-05 2 5 10.00 cfs/sf-ft of head. Based on nearby perc rates, similar conditions near Port Page 1 of 4 BASIN DESIGN INFORMATION per DERM TOTAL DRAINAGE AREA = 0.696 hectares or 1.719 acres. TOTAL IMPERVIOUS DRAINAGE AREA = 0.578 hectares or 1.429 acres. IMPERVIOUS RUNOFF COEFFICIENT = 0.90 TOTAL PERVIOUS DRAINAGE AREA = 0.117 hectares or 0.290 acres. PERVIOUS RUNOFF COEFFICIENT = 0.30 SUB-BASIN DRAINAGE AREA = 0.696 hectares or 1.719 acres. SUB-BASIN IMPERVIOUS DRAINAGE AREA = 0.578 hectares or 1.429 acres. IMPERVIOUS RUNOFF COEFFICIENT = 0.90 SUB-BASIN PERVIOUS DRAINAGE AREA = 0.117 hectares or 0.290 acres. PERVIOUS RUNOFF COEFFICIENT = 0.30 SUB-BASIN TIME OF CONCENTRATION = 10.00 minutes DESIGN STORM FREQUENCY = 5 years SUB-BASIN TIME OF CONCENTRATION = 10.00 minutes SUB-BASIN TIME FOR FIRST INCH OF RUNOFF = 12.95 minutes REQUIRED WATER QUALITY TREATMENT TIME = 22.95 minutes WATER QUALITY CALCULATIONS Water Qaulity Based on 1" Over the Entire Drainage Area = 0.14 ac-ft Water Qaulity Based on 2.5" Over the Impervious Area = 0.30 ac-ft TREATMENT VOLUME REQUIRED (Greater of the two above): 12,971 cu. ft. 0.30 ac.-ft. Vtrmt = Vtrmt = Page 2 of 4 TYPICAL EXFILTRATION TRENCH DESIGN by SFWMD L = SF x [(%WQ)(Volume WQ) + Volume Additional)] / [k x (2 x H2 x Du - Du^2 + 2 x H2 x Ds) + (1.39 x 10^-4) x ( W x Du)] Volume = Treatment Volume WQ + Volume Additional - Capacity of Exist. Trench (ac-in) k = Weighted Hyd. Conductivity (cfs/sf - ft) H2 = Depth to the Water Table (ft) W = Trench width (ft) Du = Non-Saturated Trench Depth (ft) Ds = Saturated Trench Depth (ft) SF = Safety Factor % WQ= 100% Capacity of Exist. Exfil. Trench = 0.000 ha-m or 0.000 ac.-ft. Treatment Volume WQ = 0.037 ha-m or 0.30 ac.-ft. = 3.573 ac-in. Volume Additional = 2.065 ac-in. 0.17 ac.-ft. (Drainage Area * 3.28 (5-year, 1-hour Rainfall)) - Treatment Volume Volume= 5.638 ac-in. 0.47 ac.-ft. ADD TO SWM CALCS STORAGE k = 5.00E-05 cfs/sf-ft H2 = 3.00 ft. W = 8.00 ft. Du = 2.50 ft. Ds = 7.50 ft. SF = 2.00 Max Volume for Exfil. 3.57 ac-in L Required = 1,307 feet For Water Quality Treatment PROVIDED LENGTH = 1,327 feet Page 3 of 4 July 23, 2024 Ms. Linda Sunderland Environmental Program Supervisor Broward County Resilient Environment Department 1 N University Drive, Mailbox 201 Plantation, Florida 33324 RE: NSU Port Parcel TCG Project No. 14-0080.002 7/23/2024ERL No. DF20-1121 Dear Ms. Sunderland: The Chappell Group, Inc. (TCG) is in receipt of comments dated February 27, 2024, regarding the above referenced project and provides the following response(s) to your requests. Your comments related to the proposed project are noted followed a response in bold: 1. The ERL and ERP applications remain under review pending 1) submittal of application fees, 2) submittal and review of a Surface Water Management application and associated fees, 3) status of the LAPC designation, 4) wetland avoidance, minimization, and mitigation technical issues, 6) identification of cumulative impacts, 7) evaluation of impacts to tidal flow/flushing, and 8) submittal of draft Conservation Easement documents. 2. A County Surface Water Management License application has not been received as of the date of this Memorandum. Comments: Shutts & Bowen LLP’s request to the Broward County Planning Council is to amend the ESL map, removing the LAPC designation from a significant portion (4.1 acres) of the approximate 5.113-acre site of mangrove wetlands for a commercial development on folio # 504226000021. The following section details the criteria for LAPC designation, the applicant’s evaluation of the Site, and EPD’s comments and observations: 1. Criterion: Marine Resources -Coastal areas of unique, scarce, fragile, or vulnerable natural habitat, physical features and scenic importance, or; coastal areas of high natural productivity or essential habitat for fish, wildlife, and the various trophic levels in the food web critical to their well-being, or; coastal areas of substantial recreational value and/or potential, or; areas needed to protect, maintain, or replenish coastal flood plains, coral and other reefs, beaches, offshore sand deposits and mangrove stands. 1 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants Applicant: The Subject Site does not have resources that are unique, scarce, fragile or vulnerable. The 5.11-acre Site contains 4.21 acres of mangrove wetland with a fringe of disturbed uplands on the west side. The dominant species on site were red and black mangroves and consisted of non-native species such as Brazilian pepper, earleaf acacia and Australian pine. The interior of the Site displays some evidence of previous alteration, and the Site is surrounded by commercial parcels. Staff comments: The Site meets the above criteria as “coastal areas of high natural productivity or essential habitat for fish, wildlife, and the various trophic levels in the food web critical to their well-being”. The Site is contiguous with approximately 160 acres of red and black mangroves and provides habitat and food web support. Response: Mangrove habitat is not a unique habitat in southeast Florida. Of the 4.21 acres of mangrove habitat, approximately 1.29 acres will remain andbe placed under a conservation easement. The 1.29 acres of mangrove habitat to remain will be located on the eastern portion of the site which will remain contiguous with the approximately 160 acres of red and black mangroves on adjacent properties that are owned by the Broward County Board of County Commissioners. 2. Criterion: Natural Landforms and Features -A geological, hydrological, or physiographical feature confined to a small area of Broward County and considered quite rare locally or regionally, or; a representative natural ecosystem and/or its units existing in a few isolated locations, but extirpated from most of the county. Applicant: No locally or regionally rare geological, hydrological, or physiological features are present on site. Overall, the majority of existing mangrove wetlands within Broward County are located east of US-1 within the center of the County, primarily within Broward County’s West Lake Park and John U. Lloyd State Park. Additional smaller contiguous areas of existing mangroves are located within Port Everglades, Broward County’s Deerfield Island Park, the Bonnet House, Hugh Taylor Birch State Park and the City of Hollywood’s Holland Park. Remaining areas of mangroves consist primarily of small mangrove fringes present along existing canals and channelized waterways, including those within South Florida Water Management District right-of-way. These mangrove areas are typically under various forms of site protection, either as conservation easements or within designated park boundaries. Thus, the site is not considered rare locally or regionally. The loss of this low quality, degraded wetland would result in an insignificant loss of wetland function to Broward County. 2 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Tree Surveys/Appraisals ׀ SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants Staff comments: Mangroves are limited to the eastern edge of Broward County in areas of tidal influence and are therefore a very small percentage of the overall county habitat. This Site is not a “low quality, degraded wetland”. Impacts to small parcels of mangrove wetlands does have a cumulative impact to the overall coverage of mangroves in the County. The Site meets the criteria above as a natural ecosystem and physiographical feature confined to a small area of the County. Response: Of the 4.21 acres of mangrove wetlands on site, 1.29 acres will remain, be enhanced, and be placed under a conservation easement. The other 2.92 acres will be filled for the development of a warehouse facility. Therefore 30% of the mangrove wetlands on site will not be impacted. The 70% of mangrove wetland impacts does not constitute a cumulative impact to mangrove wetlands within the New River drainage basin. Please see attached cumulative impact analysis. The site consists of exotic/nuisance species and appears to be previously altered as the western portion of thesite was previously impacted with fill and the lake was excavated. In addition, this parcel is located directly adjacent to high intensity warehouse facilities and the majority of remaining mangrove wetlands within Broward County areprotected as they are owned by agencies at the federal, state, county, or locallevel or were previously placed under conservation easements. 3. Criterion: Native Vegetative Communities A Local Area of Particular Concern (Native Vegetative Communities Category) is an area which shows a predominance of native vegetation associated with one or more of the following ecological communities: Beach and Dune Community; Coastal Strand Forest Community; Mangrove Community (Saltwater Swamp); Scrub Community; Pine Flatwoods Community; High Hammock Community; Low Hammock Community; Cypress Wetland Community (Freshwater Swamp); Ever- glades Community (Freshwater Marsh). Applicant: While mangroves are present within the site, the mangroves observed appeared stressed, most likely due to the existing elevations and previous alteration of the site. In addition, exotic Brazilian pepper, Australian Pine, and earleaf acacia are present which make this a low-quality mangrove wetland. Staff comments: Mangroves on site are mature red and black mangroves. The only documented alteration of the Site was the created of two small surface water bodies, between 1955 and 1963 during the installation of the FPL transmission lines, which was conducted prior to County licensing regulations. The exotics mentioned are limited to the western upland edge of the Site. The Site meets the criterion above with a predominance of native vegetation associated with a mangrove community. 3 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Tree Surveys/Appraisals ׀ SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants Response: The Site does have a native vegetative community. As previously stated, it also consists of nonnative/exotic species and is surrounded by commercial/industrial developments as well. (b)In addition, a Local Area of Particular Concern (Native Vegetative Communities Category) must satisfy at least three of the following criterion: i. Uniqueness -The site contains a significant sample of rare or endangered species, or, the site is among a small number of sites in Broward County representing a particular ecological community. Applicant: The site was surveyed for the potential presence of listed species and/or listed species habitat. Due to the developed surroundings, existing vegetative conditions, and use of the eastern portion of the site, the subject area does not provide for roosting or forage habitat by listed species, and any use by such species would likely be only transient in nature. The site is not a highly productive coastal tideland as a low amount of tidal inundation occurs. The site is not used for scientific study or research on wildlife. Staff comments: The Site meets the criteria above as there are a small number mangrove parcels in relation to the overall county size. This Site was inspected on February 16, 2024, and was found to contain a 15-20’ wide fringe of exotic vegetation on the western edge. The remaining area contains approximately a 95% canopy of mature red and black mangroves. The Site is tidally flushed. Some anthropogenic impacts of trash were noted. The area provides nursery habitat for many species fishes, and foraging habitat for crustaceans, invertebrates, reptiles, and birds. Mangroves contribute to the overall health of an ecosystem by providing habitat, trapping and cycling of nutrients and organics. Mangroves also provide food for many species from the algae that grows on the roots. Extensive areas of mangroves are a unique and very limited resource in Broward County. This Site is situated within approximately 160 acres of undeveloped land, mostly mangroves. Response: The exotic vegetation on the western edge ranges from 40-170’ wide. This site is not unique as the western portion of the property was previously impacted with fill and the lake was excavated. The parcel is also located directly adjacent to high intensity warehouse facilities. ii. Diversity -A significant sample of two or more ecological communities are contained within the site. 4 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Tree Surveys/Appraisals ׀ SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants Applicant: Only one ecological community is present, a mangrove wetland. Staff comments: The Site provides two habitats, the upland western edge and the mangrove wetlands, therefore, the Site meets the criteria above. iii. Low Level of Exotic Invasion -The degree and nature of exotic invasion on the site is such that it can be easily managed or mitigated. Applicant: Brazilian pepper, Australian pine, and earleaf acacia are scattered throughout the site and cannot be easily maintained. Staff comments: Exotics are limited to the western upland edge of the Site and can be treated or removed. The remainer of the Site is mature red and black mangroves. Ground coverage includes mangrove saplings and black mangrove pneumatophores. The Site meets the criteria above. Response: Exotics are also scattered within the mangrove wetlandarea and cannot be easily maintained. iv. Potential for Protection -Ownership patterns, development status and other factors make the resources of a site likely to be successfully protected. Applicant: The adjacent properties to the west are continually being developed into commercial properties. The Site and the surrounding area are not likely to be protected in the future due to continuing development. Staff comments: The Site abuts mangrove wetlands which are owned by Broward County and a FPL transmission line easement. Development impacts are low for those parcels. The Site is hydrologically connected tidally connected to the Dania Cut-off Canal to the south and contiguous to adjacent mangrove wetlands. All stormwater runoff entering the site is pretreated. The area is tidally flushed daily. The Site meets the criteria above. Response: The adjacent sites to the north, south, and east are owned by Broward County and are protected. Similar to the subject site, the adjacent sites to the north and west are privately owned and have been developed into commercial and industrial properties. The wetlands that are proposed to remain on the eastern portion of the site will continue to be tidally connected to 5 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Tree Surveys/Appraisals ׀ SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants the Dania Cut-off Canal and contiguous to the adjacent mangrove wetlands. v. Geography -The site has proximity to other resources which would heighten its value as a LAPC (e.g., other ESLs, public parks, waterfront). Applicant: Commercial development exists adjacent to the west of the site. Wetlands exist to the north, east, and south and are part of parcels that consist of FP&L transmission lines. In addition, Port Everglades and the Fort Lauderdale / Hollywood International Airport are in the immediate surrounding area. Staff comments: This Site is a portion of approximately 160 acres of mangrove wetlands. It is also tidally connected to the Dania Cut-off canal, and by extension to West Lake Park. The Site meets the criteria above. Response: The 160 acres of mangrove wetlands are owned by Broward County. The subject site is a privately owned parcel also adjacent to other privately owned commercial and industrial properties. The subject site is also zoned Industrial General through the City of Dania Beach which is consistent with the other industrial properties in the vicinity. 4. Criterion: Wildlife -Existing wildlife refuges, reserves, and sanctuaries, or; known habitats of rare, threatened, or endangered species or species of special concern, or; major wildlife intensive use areas such as well-developed hammock communities, highly productive coastal tidelands, and mangroves, or; areas used for scientific study and research on wildlife. Applicant: The Site was surveyed for the potential presence of listed species and/or listed species habitat. Due to the developed surroundings, existing vegetative conditions, and use of the eastern portion of the site, the subject area does not provide for roosting or forage habitat by listed species, and any use by such species would likely be only transient in nature. Staff comments: The Site is contiguous to approximately 160 acres of mangrove habitat which provides roosting, foraging, and refuge for many species. The Site meets the criteria above. Response: The subject site consisting of 4.21 acres of wetland habitat is minimal to the overall 160 acres of mangrove habitat that is owned by Broward County and under a conservation easement. 6 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Tree Surveys/Appraisals ׀ SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants 5. Criterion: Economic Resources -Existing ports, marinas, piers, energy resources, and artificial reefs, or; areas noted for specific study and research concerning economic development. Applicant: Port Everglades and the Fort Lauderdale/Hollywood International Airport are present in the immediate vicinity of the subject site. No known specific study or research is being conducted concerning the site and economic development. Staff comments: The Site is not an economic resource or currently an area of known specific study. 6. Criterion: Cultural Resources -Sites designated on the National Register of Historic Places or on the Florida Master Site File, or; sites related to the general development of the local area, region, or State, or; buildings which are significant examples of the architectural design of their period, or; sites associated with the life/lives of important person(s), or social, political, cultural, or economic movements or with historical events, or; archaeological sites which have yielded useful information on the area's past. Applicant: No cultural resources are present. The site is not designated on the National Register of Historic Places or on the Florida Master Site File. The Department of Historical Resources reviewed the site as part of the U.S. Army Corps permit process. Staff comment: No known cultural resources are present. Based upon EPD’s research and direct observations, the Site continues to meet the criteria for LAPC designation. Development of this site will have negative impacts to the adjacent mangrove area since the development would create a dam, limiting tidal flow / flushing to the northern wetlands. Retaining walls will have to be constructed, and the construction and footprint may impact additional wetlands. Expansive mangrove wetlands habitat is a limited resource in Broward County with areas constantly under threat from development. There are few sites of this size remaining, and this Site provides habitat for a variety of species. There is a cumulative impact to overall mangrove wetland resources from projects proposing impacts. Response: Of the 4.21 acres of mangrove wetlands on site, 1.29 acres will remain, be enhanced, and be placed under a conservation easement. The other 2.92 acres will be filled for the development of a warehouse facility. The wetlandimpacts will also be offset through the purchase of credits from the EvergladesMitigation Bank which will result in a significantly higher value habitat than the habitat located at the subject site. The EMB also provides regional ecological value and substantially higher ecological value than the mangroves/wetlands 7 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Tree Surveys/Appraisals ׀ SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants proposed to be impacted. EMB is located between Everglades National Park and Biscayne Bay National Park, which provides a wildlife corridor that allows wildlife to roam between parks. EMB also undergoes continual restoration and enhancement projects to include hydrologic improvements and vegetation management to provide long term benefits to wildlife. In addition, the impact to 70% of the mangrove wetlands onsite does not constitute a cumulative impact to mangrove wetlands within the New River drainage basin. Please see attached cumulative impact analysis. The site consists of exotic/nuisance species and appears to be previously altered. In addition, the majority of remaining mangrove wetlands within Broward County are protected as they are owned by agencies at the federal, state, county, or local level or were previously placed under conservation easements. Considering a 70% impact to the “at-risk” wetlands that are not owned by agencies or currently under a conservation easements, If you have any further questions or comments, please feel free to contact my office at (954)782-1908 or via email at jena@thechappellgroup.com. Sincerely, THE CHAPPELL GROUP, INC. Jena Robbins Project Manager 8 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Tree Surveys/Appraisals ׀ SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants Resilient Environment Department ENVIRONMENTAL PERMITTING DIVISION 1 North University Drive, Mailbox 201, Plantation, Florida 33324 • 954-519-1483 • FAX 954-519-1412 MEMORANDUM TO: David Vanlandingham, Director Environmental Permitting Division (EPD) THROUGH: Carlos Adorisio, P.E., Deputy Director 8/6/2024FROM: Linda Sunderland, EPD LTS Environmental Program Supervisor DATE: August 6, 2024 SUBJECT: Environmentally Sensitive Lands (ESL) Map Amendment Environmentally Sensitive Lands Site / LAPC #97 The Environmental Permitting Division (ERP) has received and reviewed the response from The Chappell Group (TCG) (including the Cumulative Impact Analysis and stormwater calculations from Langan Engineering and Environmental Services, LLC (Langan)) to previous comments provided to the Planning Council. The response from TCG represents the site as 1) a poor quality and highly degraded isolated wetland, 2) reliant on rainfall and groundwater for hydrology, 3) with habitat value rapidly diminishing because of exotic vegetation. 4) having no wildlife and 5) development of the site will have no negative or cumulative impacts. EPD has visited the site several times recently and has prepared the attached visual presentation with 9 slides to help illustrate our below responses to the TCG analysis. 1. The western edge of the site does have an upland buffer with some exotic vegetation and there are also a few higher elevation points in the mangrove area that are remnant of the excavation of the borrow pit / lake excavation (Slide 8). The exotic vegetation is limited in area and could be easily removed or treated. The remainer of the site (Slides 9 & 10) is a mature, highly functional mangrove ecosystem with red and black mangrove trees 20+ feet tall with no exotics noted during EPD inspection. The site is not isolated. It is contiguous to approximately 160 acres of red and black mangroves (Slide 3). 2. The site is tidally connected to the Dania Cut Off Canal to the south (Slide 3) and therefore is flushed by daily tide changes. All stormwater entering the site is pretreated and therefore there are no negative impacts from the adjacent developed areas. As noted above, only a small portion of the site along the western edge of the site contains exotic vegetation which can be easily treated. Broward County Board of County Commissioners Mark D. Bogen • Lamar P. Fisher • Beam Furr • Steve Geller • Robert McKinzie • Nan H. Rich • Hazelle P. Rogers • Tim Ryan • Michael Udine www.broward.org MEMORANDUM Linda Sunderland, EPD August 6, 2024 3. During EPD staff visits, wildlife usage has been noted on the site (Slide 6), including birds, fish, crustaceans, reptiles and mammals. The site is a highly mature mangrove habitat with trees 20+ feet tall, an extensive aerial coverage of red mangrove roots, open water and protected waters (Slide 9 & 10). The site is contiguous to approximately 160 acres of mangrove habitat which provides roosting, foraging, and refuge for many species, including fish that later in life migrate to deeper waters offshore. Slide 2 lists mangrove ecosystem benefits. 4. The stormwater calculations provided by Langan only discusses stormwater management for the proposed site. It does not discuss or provide modeling data to show potential impacts to the surrounding mangroves by having tidal flow partially dammed (Slide 7). Development of this site will have 1) permanent impacts to 2.92 acres of mature, highly functional mangrove wetlands, 2) negative impacts to the adjacent mangrove area since the development through the creation of a partial dam limits tidal flow / flushing to the northern wetlands, and 3) additional wetland impacts outside of the project footprint due to construction including the retaining walls (Slide 4). Expansive mangrove wetlands habitat (Slide 8) is a limited resource in Broward County with areas constantly under threat from development. If this site and the other privately held sites nearby are developed, approximately 20 acres of mangroves will be lost. There are few sites of this size remaining and therefore, it has significant potential to provide habitat for a variety of species. There is a cumulative impact to overall mangrove wetland resources from projects proposing impacts (Slide 5). At this time, based on our previous review provided to the Planning Council and the information above, we strongly believe the site continues to meet the criteria for a LAPC and do not have reasonable assurances that the project as proposed will meet the criteria issuance of a County Environmental Resource License, County Stormwater Management License or State FDEP Environmental Resource Permit. All three approvals would be issued by ERP under a delegation agreement with FDEP. Enclosure: PDF of PowerPoint Presentation Comments on ESL Map Amendment for LAPC Site #97 Natural Resources Program Environmental Permitting Division Resilient Environment Department LAPC #97 2/16/2024 Mangroves Matter Mangrove loss Parkinson, Randall W., and Shimon Wdowinski. "Accelerating with sea level rise sea-level rise and the fate of mangrove plant communities in South Florida, USA." Geomorphology 412 (2022): 108329. Proposed development area Proposed CE area Location 2.92 ac 1.3 ac The site is contiguous to approximately 160 acres of mangrove habitat which provides roosting, foraging, refuge for many species Dania Cut Off Canal The project is proposing a construction of a retaining wall at the property line. Installation of the wall will have secondary impacts to adjacent mangroves. Potential Cumulative Impacts Future impacts to privately owned parcels would create significant cumulative impacts to the mangrove ecosystem. Privately owned Subject site Wildlife Usage EPD staff observed birds, reptiles, crustaceans, and a mammal skull onsite. Wildlife usage is representative of a high-quality Wetland. Photo: Crab holes, M. Decker, 5/22/2020 Photo: Mammal skull, K. Scheffer 2/16/2024 Hydrology Concerns • Proposed impacts create a dam effect for tidal flushing to 40 ac of mangrove habitat to the north. • Langan’s letter only addresses stormwater management concerns and lacks calculations/discussion regarding restriction of tidal flow. Hy d r a u l i c a l l y co n n e c t e d existing conditions li m i t e d s h e e t f l o w proposed impacts Project site showing upland and wetland areas. Subject site is of comparable quality to state/local parks in Broward Dr. Von D. Mizell-Eula Johnson State Park Hugh Taylor Birch State Park West Lake Park Deerfield Island Park Subject Site (Extensive mangrove habitat) Photo taken: 2/16/2024 Subject Site: LAPC 97 Photo: 2/16/2024 High Quality Mangrove Wetland • Tall healthy red mangroves (>20’) • Established red mangroves (Prop root ground coverage >85%) • No exotics were noted during inspections ATTACHMENT 11 BPtoM'ARD COUNTY FL ORID A 8/13/2024 RESILIENT ENVIRONMENT DEPARTMENT 115 S. Andrews Avenue, Room 329 • Fort Lauderdale, Florida 33301 • 954-357-6613 • FAX 954-357-8655 To: Ms. Barbara Blake-Boy, Executive Director, Broward County Planning Council From: Dr. Jennifer Jurado, Chief Resilience Officer, and Deputy Director -:S -:-S. Date: 8/13/2024 Re: Response to Applicant for Review of PCNRM 24-3 (Site 97 on ESL Map) The Broward County Resilient Environment Department / Resilience Unit provided comment regarding land use plan amendment (LUPA) application for PCNRM 24-3 known as Site 97 on the Environmentally Sensitive Lands Map on February 23, 2024. The Department comments noted that the site is located entirely within an area prioritized for resilience planning consideration, as indicated on the Priority Planning Areas for Sea Level Rise Map. Therefore, BCLUP Policies 2.21.1, 2.21.5, and 2.21.6 apply in the review of this application. Specifically, POLICY 2.21.5 states that "Broward County shall, prior to approving land use plan amendments in the areas prone to flooding and/or the impacts of sea level rise, as identified on the Flood Plains, Flood Prone Areas, and Coastal High Hazard Areas Map and the Priority Planning Areas for Sea Level Rise Map, respectively, determine that the subsequent development will be served by adequate storm water management and drainage facilities, not adversely affect groundwater quality or environmentally sensitive lands and not increase saltwater intrusion or area-wide flooding." The Resilience Unit places emphasis on the reference to the required determination that the development will not adversely affect environmentally sensitive lands and that the site be served by adequate stormwater management and drainage facilities. The Resilience Unit further notes that the groundwater conditions in the vicinity of this site are substantially influenced by sea level rise, with the 2024 Future Conditions Groundwater map showing a predicted 2.5' increase in the groundwater table relative to historic conditions. It is not clear whether the applicant utilized data from the 2024 Map Update (effective July 1, 2024) in its evaluation of future conditions hydrology. While the Resilience Unit appreciates the response of the applicant to the agency review comments, these responses have not fully addressed these resilience priorities. Staff finds the proposed land use amendment would not only further development in an area substantially challenged by the predicted rise in groundwater table with sea level, but at the expense of high quality, unique Environmentally Sensitive Lands both directly and indirectly impacted by proposed development activities, inconsistent with Policy 2.21.5. Therefore, the Resilience Unit recommends denial of the proposed amendment as it does not comply with Policy 2.21.6 of the Broward County Land Use Plan. Broward County Board of County Commissioners Mark D. Bogen• Lamar P. Fisher• Beam Furr• Steve Geller• Robert McKinzie • Nan H. Rich• Hazelle P. Rogers• Tim Ryan• Michael Udine www.broward.org Esri, HERE, Garmin, INCREMENT P, USGS, EPA, USDA, Esri Community Maps Contributors, FDEP, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, USFWS, State of Florida, Maxar, Microsoft Broward County Land Use Plan Proposed Amendment PCNRM 24-3_ESL Priority Planning Areas for Sea Level Rise near tidal water bodies at an increased risk of inundation under a 40 inch sea level rise scenario projected to occur by 2070 (PCNRM 24-3_ESL is located inside of a Priority Planning Area) Proposed Land Use Plan Amendment / 0 0.050.03 Miles ESL 595 S A n d r e w s A v e EllerDr Elle r D r SW 28th St SW 3 r d Ave SW 4 t h A v e S W 2 n d A v e S W 2 n d A v e SE 6 th A ve SE 1 4 t h A v e SE 28th S t SW 34th St Ei s enh o w e r B l v d Snyder Park 1 1 N O c ea n D r NE 7 t h A v e NE 2 n d S t NW 1stSt E P er i m ete r Rd W S h o r e D r SE 42nd St NE 10th St OldGriffinRd GriffinRd S F ed e r al H w yFort Lauderdale-Hollywood International Airport Dania Beach N OceanDr US Coast Guard Station Fort Lauderdale Dr. Von D. Mizell-Eula Johnson State Park State of Florida, Maxar, Esri, HERE, Garmin, INCREMENT P, Intermap, USGS, METI/ NASA, EPA, USDA, FDEP, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, USFWS Broward County Land Use Plan Proposed Amendment PCNRM 24-3_ESL Priority Planning Areas for Sea Level Rise near tidal water bodies at an increased risk of inundation under a 40 inch sea level rise scenario projected to occur by 2070 (PCNRM 24-3_ESL is located inside of a Priority Planning Area) Proposed Land Use Plan Amendment / 0 0.450.23 Miles ESL March 24, 2025 Dr. Jennifer Jurado Chief Resilience Officer and Deputy Director 115 S. Andrews Avenue, Room 329 Fort Lauderdale, FL 33301 RE: NSU Port Parcel 3/25/2025TCG Project No. 14-0080.002 ERL No. DF20-1121 Dear Dr. Jurado: The Chappell Group, Inc. (TCG) is in receipt of comments dated August 13th, 2024, from Dr. Jennifer Jurado, Chief Resilience Officer and Deputy Director, regarding the above referenced project and provides the following response(s) to your requests. Your comments related to the proposed project are noted followed a response in bold: 1. The Broward County Resilient Environment Department/ Resilience Unit provided comment regarding land use plan amendment (LUPA) application for PCNRM 24- 3 known as Site 97 on the Environmentally Sensitive Lands Map on February 23, 2024. The Department comments noted that the site is located entirely within an area prioritized for resilience planning consideration, as indicated on the Priority Planning Areas for Sea Level Rise Map. Therefore, BCLUP Policies 2.21.1, 2.21.5, and 2.21.6 apply in the review of this application. Response: The majority of the recommendations outlined in the Southeast Regional Climate Action Plan are intended for implementation by academic institutions, local governments, non-profit organizations, regional agencies, and financial institutions. As such, these recommendations are not applicable to the private sector and do not pertain to this project. Furthermore, the removal of approximately 69% of the existing mangrove and canopy cover on-site will not significantly impact the overall urban tree canopy or habitat diversity within the surrounding area. A cumulative impact analysis, which has been reviewed and accepted by the relevant environmental agencies, confirms that the proposed project will not result in a cumulative impact on the New River Basin in Broward County. To fully offset the environmental effects of the project, mitigation credits will be purchased from the Everglades Mitigation Bank. Additionally, the natural migration patterns of species in response to changing environmental conditions will not be disrupted, as the surrounding conservation areas— including the easement at Port Everglades to the east, West Lake Park/Anne 1 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants Kolb Nature Center to the south, and Snyder Park to the west—provide ample space for nesting and foraging of migratory species. Specifically, POLICY 2.21.5 states that "Broward County shall, prior to approving land use plan amendments in the areas prone to flooding and/or the impacts of sea level rise, as identified on the Flood Plains, Flood Prone Areas, and Coastal High Hazard Areas Map and the Priority Planning Areas for Sea Level Rise Map, respectively, determine that the subsequent development will be served by adequate storm water management and drainage facilities, not adversely affect groundwater quality or environmentally sensitive lands and not increase saltwater intrusion or area-wide flooding." Response: Please see attached letter from Langan. 2. The Resilience Unit places emphasis on the reference to the required determination that the development will not adversely affect environmentally sensitive lands and that the site be served by adequate stormwater management and drainage facilities. Response: The proposed development will not have an adverse impact on environmentally sensitive lands, as confirmed by an accepted cumulative impact analysis. Any effects on mangrove and canopy cover will be fully offset through mitigation credits from the Everglades Mitigation Bank. Additionally, surrounding conservation areas provide ample habitat, ensuring no disruption to species migration or foraging patterns. Please see attached letter from Langan regarding adequate stormwater management and drainage facilities. 3. The Resilience Unit further notes that the groundwater conditions in the vicinity of this site are substantially influenced by sea level rise, with the 2024 Future Conditions Groundwater map showing a predicted 2.5' increase in the groundwater table relative to historic conditions. It is not clear whether the applicant utilized data from the 2024 Map Update (effective July 1, 2024) in its evaluation of future conditions hydrology. Response: Please see attached letter from Langan. 4. While the Resilience Unit appreciates the response of the applicant to the agency review comments, these responses have not fully addressed these resilience priorities. Staff finds the proposed land use amendment would not only further development in an area substantially challenged by the predicted rise in groundwater table with sea level, but at the expense of high quality, unique Environmentally Sensitive Lands both directly and indirectly impacted by proposed development activities, inconsistent with Policy 2.21.5. 2 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Tree Surveys/Appraisals ׀ SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants Response: The parcel is located adjacent to high-intensity warehouse facilities, and most remaining mangrove wetlands in Broward County are already protected through federal, state, county, or local ownership or conservation easements. While mangrove habitat is ecologically valuable, itis not unique to Southeast Florida, and this particular site consists of previously altered land with a presence of exotic and nuisance species, reducing its ecological function. Of the 4.21 acres of mangrove habitat on-site, only 2.92 acres (1.8% of the approximate 160 acres) will be impacted, and approximately 1.29 acres will be preserved under a conservation easement, ensuring some habitat retention. To fully offset the proposed impacts, mitigation credits will be purchased from the Everglades Mitigation Bank, which provides significantly higher ecological value than the existing site. This mitigation approach not only complies with environmental regulations but also enhances regional ecological resilience by improving wetland function in a more strategic and sustainable location. Additionally, surrounding protected areas—including the conservation easement at Port Everglades, West Lake Park/Anne Kolb Nature Center, andSnyder Park—will continue to support biodiversity, habitat connectivity, and species migration. Given these factors, the project aligns with regional resilience efforts by balancing development needs with responsible ecological management. Therefore, the Resilience Unit recommends denial of the proposed amendment as it does not comply with Policy 2.21.6 of the Broward County Land Use Plan. If you have any further questions or comments, please feel free to contact my office at (954)782-1908 or via email at gabe@thechappellgroup.com. Sincerely, THE CHAPPELL GROUP, INC. Gabe Detina Project Biologist 3 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Tree Surveys/Appraisals ׀ SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants 17 December 2024 Revised 21 March 2025 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division 3/25/2025100 W Dania Beach Boulevard Dania Beach, FL 33004 Re: Proposed Drainage Systems and Methods Statement NSU Industrial 1850 NE 7th Avenue, Dania Beach, FL 33004 Langan Project No.: 330111401 To whom it may concern: The stormwater management design for this project will consist of drainage wells and exfiltration trench to meet water quality and quantity requirements. Water quality will be provided for the amount of 2.5 inches times the percent impervious area for the project site. Water quantity will be provided for the following design storms. The 10-year, 1-day storm event will be analyzed for the parking area elevations. The perimeter berm around the site will also be set above the elevation in which the 25-year, 3-day storm event stages for the site. The site does not have any existing permits; therefore, an existing condition analysis will be performed utilizing ICPR to calculate total discharge from the site. A pre vs post- development analysis will be performed for the 25-year, 72-hour storm event in order to ensure the post-development discharge does not exceed the pre-development discharge. The 100-year, 3-day storm event will be analyzed to show the finish floor elevation of the proposed building is protected from the peak stage of this storm event in a zero discharge scenario. The generated stage shall also not exceed the BCPED 100-year flood plain of 6.50 NAVD. The water table elevation was obtained from the Broward County Groundwater Table Elevation Map and its elevation is 2.5 NAVD. The drainage wells average capacity found in the area will be assumed for the design capacity of 200 gpm/ft-head. Design Considerations for Sea Level Rise The stormwater management system has been design to account for sea level rise within the area. To address this concern the stormwater drainage wells have been revised to a pressurized well system. Therefore, the wells will be able to generate the head required due to potential sea level rise to maintain the discharge rate required to retain the 25-year 72-hour storm event and protect the structure from flooding. Proposed Drainage Systems and Methods Statement 17 December 2024 NSU Industrial Page 2 of 2 1850 NE 7th Avenue, Dania Beach, FL 33004 Langan Project No.: 330111401 Design Considerations for Salt Water Intrusion The storm runoff volume will be infiltrated into the shallow aquifer by the proposed exfiltration trench or into a deeper aquifer by the proposed drainage wells. These systems do not increase the saltwater intrusion as we are directly inputting stormwater runoff into the aquifer to help reduce the impacts of saltwater intrusion. Design Considerations for Nearby Sensitive Lands The proposed stormwater management system was analyzed to estimate the potential mounding of the system due to the proposed exfiltration trench. The analysis was conducted on the 5 Year and 25 Year storm event. The analysis indicates that the groundwater mound caused by the proposed exfiltration trench will be less than 0.1 feet at the property line which shows no impacts to the neighboring areas. Therefore, the mounding caused by the proposed exfiltration trench is negligible. Tidal Flow Restrictions Based on aerial images the site is already cut-off from tidally influenced water bodies via overland flow. This area is cut-off to the from the tidally influenced canal to the south by an access road and FPL infrastructure. There is a culvert through this area, however, the flow through the culvert will restrict the tidal flow to this area more than the reduced horizontal area caused by the project. The remaining horizontal flow area to the north will be approximately 400 feet, which will equate to a significantly higher flow than capacity of the culvert further to the south. Therefore, the proposed project will not negatively impact the potential tidal flow in this area. See the attached figures. Sincerely, Langan Engineering and Environmental Services, LLC. Michael P. Carr, PE, LEED AP Professional Engineer License No. 72424 Associate Principal Attachments: Mounding Analysis Graphs Paving, Grading and Drainage Plans Tidal Flow Figures FL Certificate of Authorization No. 6601 \\langan.com\data\FTL\data4\330111401\Project Data\_Discipline\Site Civil\Reports\2025-03-21 -Proposed Drainage Systems and Methods Statement.docx 1 NSU Industrial Mounding Analysis Perc Link: Exfiltration Trench (Sim: 25 year) [Scenario1] C:\Streamline Technologies\NSU Industrial Mounding Analysis\ 12/17/2024 09:33 2 NSU Industrial Mounding Analysis Perc Link: Exfiltration Trench (Sim: 5 year) [Scenario1] C:\Streamline Technologies\NSU Industrial Mounding Analysis\ 12/17/2024 09:33 110 East Broward Boulvard, Suite 1500 Fort Lauderdale, FL 33301 T: 954.320.2100 F: 954.320.2101 www.langan.com FL CERTIFICATE OF AUTHORIZATION NO. 00006601/LB8172/LB8198 Date: 12/17/2024 Time: 09:57 User: djimenez Style Table: Langan.stb Layout: C-400 Document Code: 330111401-0501-CG101-0101 © 20 2 3 La n g a n Raised elevation cut-off from southern canal Site Existing surrounding development cuts off any direct tidal connection Culvert will restrict flow to area and is the controlling factor Figure - 1 Existing Flow Restriction Figure - 1 Existing Flow Restrictions Figure - 3 Existing Flow Site Approximate Limit of Disturbance 400' Overland Flow Area March 24, 2025 Ms. Linda Sunderland Environmental Program Supervisor Broward County Resilient Environment Department 1 N University Drive, Mailbox 201 Plantation, Florida 33324 RE: NSU Port Parcel TCG Project No. 14-0080.002 3/25/2025ERL No. DF20-1121 Dear Ms. Sunderland: The Chappell Group, Inc. (TCG) is in receipt of comments dated August 6th, 2024, regarding the above referenced project and provides the following response(s) to your requests. Your comments related to the proposed project are noted followed a response in bold: The Environmental Permitting Division (ERP) has received and reviewed the response from The Chappell Group (TCG) (including the Cumulative Impact Analysis and stormwater calculations from Langan Engineering and Environmental Services, LLC (Langan)) to previous comments provided to the Planning Council. The response from TCG represents the site as 1) a poor quality and highly degraded isolated wetland, 2) reliant on rainfall and groundwater for hydrology, 3) with habitat value rapidly diminishing because of exotic vegetation. 4) having no wildlife and 5) development of the site will have no negative or cumulative impacts. EPD has visited the site several times recently and has prepared the attached visual presentation with 9 slides to help illustrate our below responses to the TCG analysis. 1. The western edge of the site does have an upland buffer with some exotic vegetation and there are also a few higher elevation points in the mangrove area that are remnant of the excavation of the borrow pit / lake excavation (Slide 8). The exotic vegetation is limited in area and could be easily removed or treated. The remainer of the site (Slides 9 & 10) is a mature, highly functional mangrove ecosystem with red and black mangrove trees 20+ feet tall with no exotics noted during EPD inspection. The site is not isolated. It is contiguous to approximately 160 acres of red and black mangroves (Slide 3). Response: The site was previously a tomato farm and exhibits features of an altered wetland with varying elevations. Although native species are present, exotic Brazilian pepper, Australian Pine, and earleaf acacia are present 1 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants which indicates a lower quality wetland. The overall impact to the ecosystem is minimal due to the 1.29 acres to remain and be enhanced which will increase function of the wetland and increase roosting, foraging, and refuge. 2. The site is tidally connected to the Dania Cut Off Canal to the south (Slide 3) and therefore is flushed by daily tide changes. All stormwater entering the site is pretreated and therefore there are no negative impacts from the adjacent developed areas. As noted above, only a small portion of the site along the western edge of the site contains exotic vegetation which can be easily treated. Response: The FPL easement road cuts off much of the tidal connection to the Dania Cut Off Canal. The area north of the easement road is only connected hydrologically by high tides higher than average such as king tides. Since the only hydrological connection occurs during higher-than-average tides, such as king tides, it suggests that regular tidal fluctuations are not enough to allow significant water exchange. The stormwater management for the proposed construction of the NSU Port Parcel will be sufficient and cause no negative impacts like the adjacent developed areas. The exotic vegetation on the western edge ranges from 40-170’ wide. This site is not unique as the western portion of the property was previously impacted with fill and the lake was excavated. In addition, the adjacent sites to the north, south, and east are owned by Broward County and are protected. The wetlands that are proposed to remain on the eastern portion of the site will continue to be tidally connected during king tides to the DaniaCut-off Canal and contiguous to the adjacent mangrove wetlands. 3. During EPD staff visits, wildlife usage has been noted on the site (Slide 6), including birds, fish, crustaceans, reptiles and mammals. The site is a highly mature mangrove habitat with trees 20+ feet tall, an extensive aerial coverage of red mangrove roots, open water and protected waters (Slide 9 & 10). The site is contiguous to approximately 160 acres of mangrove habitat which provides roosting, foraging, and refuge for many species, including fish that later in life migrate to deeper waters offshore. Slide 2 lists mangrove ecosystem benefits. Response: The subject site consisting of 4.21 acres of wetland habitat is minimal to the overall 160 acres of mangrove habitat that is owned by Broward County and under a conservation easement. Only 2.92 acres will be impacted (1.8%). In addition, 1.29 acres will remain, be enhanced, and be placed under a conservation easement. The purchase of credits from Evergaldes Mitigation Bank will offset remaining impacts, which provides significantly higher ecological value than the existing site. This mitigation approach not only complies with environmental regulations but also enhances regional ecological resilience by improving wetland function in a more strategic and sustainable location. 2 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Tree Surveys/Appraisals ׀ SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants 4. The stormwater calculations provided by Langan only discusses stormwater management for the proposed site. It does not discuss or provide modeling data to show potential impacts to the surrounding mangroves by having tidal flow partially dammed (Slide 7). Response: Please see the attached letter from Langan. 5. Development of this site will have 1) permanent impacts to 2.92 acres of mature, highly functional mangrove wetlands, 2) negative impacts to the adjacent mangrove area since the development through the creation of a partial dam limits tidal flow / flushing to the northern wetlands, and 3) additional wetland impacts outside of the project footprint due to construction including the retaining walls (Slide 4). Response: The 2.92 acres of impacted wetland habitat represent a small fraction (1.8%) of the approximately 160 acres of mangrove habitat owned by Broward County and protected under a conservation easement. The mitigation plan, which includes the purchase of credits from the Everglades Mitigation Bank, ensures a net ecological benefit by offsetting impacts withwetlands of significantly higher functional value than those currently on-site.Tidal flow and flushing to the northern wetlands will remain largely unaffected, as a substantial portion of the area will be preserved, allowing for continued water movement. Any secondary impacts associated with construction, including the installation of retaining walls, have been accounted for in the attached mitigation plan, ensuring that environmental effects are minimized and properly managed. 6. Expansive mangrove wetlands habitat (Slide 8) is a limited resource in Broward County with areas constantly under threat from development. If this site and the other privately held sites nearby are developed, approximately 20 acres of mangroves will be lost. There are few sites of this size remaining and therefore, it has significant potential to provide habitat for a variety of species. There is a cumulative impact to overall mangrove wetland resources from projects proposing impacts (Slide 5). Response: The majority of the 160 acres of mangrove habitat is already protected, as they are owned by federal, state, county, or local agencies or placed under conservation easements. The proposed project impacts only 2.92 acres, a small fraction (1.8%) of the approximately 160 acres of mangrove habitat within the county’s conservation network. While the concern for cumulative impacts is noted, the mitigation plan ensures no net loss of ecological function. Credits purchased from the Everglades Mitigation Bank will enhance wetland quality at a regional level, providing higher-value habitat than what currently exists on-site. Additionally, large protected areas nearby will continue to support diverse species and 3 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Tree Surveys/Appraisals ׀ SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants maintain ecological integrity, ensuring long-term habitat availability despite localized development. At this time, based on our previous review provided to the Planning Council and the information above, we strongly believe the site continues to meet the criteria for a LAPC and do not have reasonable assurances that the project as proposed will meet the criteria issuance of a County Environmental Resource License, County Stormwater Management License or State FDEP Environmental Resource Permit. All three approvals would be issued by ERP under a delegation agreement with FDEP. If you have any further questions or comments, please feel free to contact my office at (954)782-1908 or via email at gabe@thechappellgroup.com. Sincerely, THE CHAPPELL GROUP, INC. Gabe Detina Project Biologist 4 714 East McNab Road. Pompano Beach, FL 33060 tel. 954.782.1908 fax. 954.782.1108 www.thechappellgroup.com Tree Surveys/Appraisals ׀ SurveysT & E Species ׀ Mitigation Design & Monitoring ׀ Marina & Wetland Permitting ׀ Environmental Consultants MEMORANDUM DATE: September 25, 2025 TO: Honorable Mayor and Commissioners FROM: Vice Mayor Marco Salvino SUBJECT: Modification to City of Dania Beach Rules of Procedure _____ The Request To modify the City’s Resolution 025-048, relating to Rules of Procedure for the City Commission, to modify the start time for City Commission meetings to 6:00 p.m. Background Resolution 025-048 at Section 4 provides that the City’s meetings are to start at 7:00 p.m. Section 4. TYPES OF MEETINGS 4.1 Regular Meeting: The Commission shall meet in the Commission Chambers for regular, adjourned and special meetings. The regular Commission meetings are to commence at 7:00 P.M., on the second and fourth Tuesday of each month, unless otherwise specified at least two (2) weeks in advance. Starting the meetings one hour earlier would provide more access for the residents to stay and participate in the meeting. Having meetings end at 9:00, 10:00 or 11:00 causes the residents to leave before the City Commission finishes business. Starting earlier would provide more of an incentive for the residents to participate in the meetings. Also, as staff works all day, and then has to wait until 7:00 for the meeting to start, it takes our staff away from their families longer than is necessary. As proponents of RISE it is my recommendation to start the meetings earlier so that our staff can have quality family time. I would then recommend that the CRA meeting, which is one a month, start at either 5:00 or 5:30 p.m., depending on the length of the agenda. Recommendation This is a policy decision for the City Commission. CITY OF DANIA BEACH CITY ATTORNEY’S OFFICE Budgetary Impact No budgetary impact anticipated. EAB:la cc: Ana M. Garcia, ICMA-CM, City Manager Candido Sosa-Cruz, ICMA-CM, Deputy City Manage RESOLUTION NO. 2025-______ A RESOLUTION OF THE CITY COMMISSION OF THE DANIA BEACH, FLORIDA, PERTAINING TO RESOLUTION 22025-048, WHICH MODIFIED RESOLUTIONS 2024-079, 2008-85, RELATING TO PRESCRIBED RULES OF PROCEDURE FOR CITY COMMISSION MEETINGS; AMENDING THE RULES TO MODIFY THE START TIME; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City staff periodically updates its procedures, working towards best practices for the expedient, transparent and efficient addressing of City business; and WHEREAS, the City Commission desires to amend the Rules of Procedure for meetings to change the start time of City Commission meetings to 6:00 pm. from 7:00 p.m.; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. Attached and incorporated by reference as Exhibit 1, are the proposed amended Rules for City Commission meetings. 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 this Resolution shall be effective 10 days after passage. SIGNATURE PAGE TO FOLLOW PASSED AND ADOPTED on __________________, 2025. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ Yes No 2 RESOLUTION #2025-______ 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 1 AMENDED RULES FOR CITY COMMISSION MEETINGS Section 1. AUTHORITY 1.1 Charter: The Charter of the City of Dania Beach provides that: “The Commission shall prescribe its own rules, regulations and order of business, and shall keep minutes of its proceedings”. (Part II, Article 7, Section 5) Accordingly, the following rules shall take effect immediately upon adoption by the City Commission and shall remain in effect until such time as new rules are adopted by the City Commission. Section 2. DEFINITIONS 2.1: For the purpose of these rules the word “Mayor” shall include the Vice Mayor and the Mayor pro tem, when appropriate; the word “Commission” shall mean City Commission; and the word “City” shall mean the City of Dania Beach, Florida. Section 3. GENERAL RULES 3.1 Meetings to be Public: All official meetings of the Commission, except where state and local law allows executive sessions for certain limited topics, shall be public. The minutes of the proceedings, except those for the said executive sessions, shall be open to public inspection. Public meetings may include virtual public meetings, with appearances by elected officials and the public by virtual means. A majority of all members of the City Commission shall constitute a quorum. 3.2 Quorum and Vote: A majority of all members of the City Commission shall constitute a quorum but a less number may adjourn from day to day and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The affirmative vote of three (3) members shall be necessary to pass any ordinance on a reading or adopt a resolution, and the passage of all ordinances and resolutions shall be taken by yeas and 4 RESOLUTION #2025-______ nays and entered upon the minutes. (Part II, Article 7, Section 6, City Charter). The City may convene a quorum, virtually, as provided under the City Charter and City Code. 3.3 Minutes of Proceedings: An account of all proceedings of the commission shall be kept by the City Clerk. 3.4 Ordinances and Resolutions Confined to One Subject: Each ordinance or resolution shall be introduced in writing and shall embrace but one subject and matters properly connected therewith. The subject shall be clearly stated in the title. (Section 166.041(2), Florida Statutes) 3.5 Right of Floor: Any member desiring to speak shall be recognized by the Mayor and shall confine his or her remarks to the subject under consideration or to be considered. 3.6 City Manager: The City Manager shall attend all meetings of the Commission unless excused. The City Manager may make recommendations to the Commission and shall have the right to take part in all discussions of the Commission but shall have no vote. 3.7 City Attorney: The City Attorney shall attend all meetings of the Commission unless excused and shall, upon request, give opinions, either written or oral, on questions of law. The City Attorney shall act as the Commission’s parliamentarian. 3.8 City Clerk: The City Clerk shall attend all meetings of the Commission unless excused and shall keep the official minutes and perform such other duties as may be required. 3.9 Officers and Employees: Department heads of the City, when there is pertinent business from their departments on the agenda, shall attend such Commission meetings when requested by the City Manager. The police chief or a designated subordinate shall attend all Commission meetings. 3.10 Rules of Order: "Roberts Rules of Order Revised" shall govern the proceedings of the commission in all cases, unless they are in conflict with these rules. 5 RESOLUTION #2025-______ 3.11 Presentations: Each Commissioner presentation should be limited to no more than seven (7) minutes per presentation, and one presentation per meeting. The Administration is not limited in time or number of presentations but shall taken into consideration the length of the agenda before scheduling presentations. Waiver of these rules shall require a motion and vote of the Commission. 3.12 Backup Documents. Consistent with the requirements of Broward County Section 1.07, which provides, that all municipalities shall provide all notices, agendas, and “available” back up materials at least 48 hours in advance, the City Commission shall require back up on all presentations, agenda items, discussion items, etc. for the City Commission meetings be provided in advance, and as part of the agenda back up, or at a minimum, distributed to city commission and available to the public at least 48 hours in advance of the meeting to which the item is to be approved, discussed or presented. Failure to provide back up shall result in the item not being heard, and the item will be rescheduled for a future agenda, once the back up is available. This requirement can only be waived by a 4/5 vote of the City Commission. Section 4. TYPES OF MEETINGS 4.1 Regular Meeting: The Commission shall meet in the Commission Chambers for regular, adjourned and special meetings. The regular Commission meetings are to commence at 6:00 7:00 P.M., on the second and fourth Tuesday of each month, unless otherwise specified at least two (2) weeks in advance. 4.2 Biennial Organizational Meeting: On the first Tuesday following each biennial regular election, the City Commission shall meet at the usual place for holding the meetings of the legislative body of the City, at which time the newly elected City Commissioners shall take the 6 RESOLUTION #2025-______ prescribed oaths of office and assume the duties of their respective offices. (Part II, Article 7, Section 1, City Charter) 4.3 Special Meeting to Seat a New Member: On the first Monday following the election of a new member, elected at other than a bi-ennial regular election, the Commission shall meet to receive such new member. (Part II, Article 7, Section 2, City Charter) 4.4 Special Meetings: The Mayor, any two (2) members of the City Commission or the City Manager may call special meetings of the City Commission upon at least six (6) hours written notice to each member, the City Manager, City Clerk, and City Attorney, served personally or delivered electronically via e-mail. The regularity or validity of any proceedings, taken at any special meeting at which a majority of members of the City Commission and the City Clerk are present shall not be questioned on account of any omission or irregularity in calling such a special meeting. The call for a special meeting shall specify the day, the hour and the location of the special meeting and shall list the subject or subjects to be considered. Only such business may be transacted at a special meeting as may be listed in the call for said meeting or an incident thereto. 4.5 Adjourned Meetings: Any meeting of the Commission may be adjourned to a later date and time, provided that no adjournment shall be for a longer period than until the next regular meeting. 4.6 Workshop Meetings: The Commission may meet informally in workshop meetings (open to the public) at the call of the Mayor, or any two (2) members of the Commission or City Manager, to review forthcoming programs of the City, receive progress reports on current programs or projects, or receive similar information from the City Manager. No vote or polling of the Commissioners shall be taken at said workshop meetings. 7 RESOLUTION #2025-______ 4.7 Emergency Meetings: Emergency meetings may be held on the call of the Mayor, two (2) members of the Commission or the City Manager whenever there is a public emergency affecting life, health property or the public peace, and whenever practicable, upon no less than one (1) hour notice to each member and the public. 4.8 Attendance of Media at Commission Meetings: All official meetings of the City Commission and its committees shall be open to the media, freely subject to recording by radio, television and photographic services at any time, provided that such arrangements do not interfere with the orderly conduct of the meetings. Section 5. PRESIDING OFFICER 5.1 Running the Meetings: The mayor-commissioner, if present, shall preside at all meetings of the commission. In the absence of the mayor, the vice mayor shall preside. In the absence of the mayor and the vice mayor, any member of the city commission may be designated as mayor pro tem for such meeting. The mayor shall have a vote in the proceedings of the city commission and shall vote last upon roll call. (Part III, Article 2, Sections 2 & 3(a), City Charter) 5.2 Call to Order: The meetings of the Commission shall be called to order by the Mayor, or in his or her absence, by the Vice Mayor. In the absence of both the Mayor and the Vice Mayor, the meeting shall be called to order by the City Clerk for the selection of a Mayor pro tem from any of the Commissioners present. 5.3 Preservation of Order: The Mayor shall preserve order and decorum; and, confine the debate of the Commissioners and the public to the question under discussion. 5.4 Points of Order: The Mayor shall determine all points of order, subject to the rights of any member to appeal to the Commission. If any appeal is taken, the question shall be, "Shall the decision of the Mayor be sustained?" 8 RESOLUTION #2025-______ 5.5 Questions to be Stated: The Mayor shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken for the adoption of an ordinance or resolution. A roll call vote may be taken on matters other than ordinances and resolutions upon the request of any member of the Commission. 5.6 Substitution for Mayor: The Mayor may call on the Vice Mayor to temporarily conduct the meeting in order to make a motion. Such substitution shall not continue beyond the action on that motion. Section 6. ORDER OF BUSINESS AND AGENDA 6.1 Order of Business: The general rule as to the order of business in regular meetings shall be as follows: 1. Call to Order/Roll Call 2. Moment of Silence and Pledge of Allegiance 3. Presentations and Special Event Approvals 4. Proclamations 5. Administrative Reports 6. Public Safety Reports 7. Citizens’ Comments 8. Consent Agenda 9. Bids and Requests for Proposals 10. Quasi-Judicial Hearings 11. First Reading Ordinances 12. Second Reading Ordinances 13. Discussion and Possible Action 14. Appointments 15. Commission Comments 16. Adjournment 6.2 Agenda: The order of business of each meeting shall be as contained in the agenda prepared under the direction of the City Manager or his designee. The agenda shall be a listing by topic of subjects to be considered by the Commission and shall be delivered to members of the Commission each Thursday preceding the meeting to which it pertains. 9 RESOLUTION #2025-______ 6.3 Presentation by Members of Commission: The agenda shall provide a time when the mayor or any Commissioner may bring before the Commission any business that he/she feels should be deliberated upon by the Commission. The matters need not be specifically listed on the agenda, but formal action on such matters shall be deferred until a subsequent Commission meeting, except that immediate action may be taken upon a vote of a majority of all members of the Commission present. 6.4 Approval of Minutes: The minutes of a Commission meeting may be approved on the consent agenda if the City Clerk previously furnished each member with a copy thereof. Section 7. ORDINANCES, RESOLUTIONS AND MOTIONS 7.1 Form: Ordinances and resolutions shall be presented to the commission in printed or electronic form. 7.2 City Attorney to Approve: All ordinances and resolutions shall be "Approved as to Form and Correctness" by the City Attorney. Such approval shall be so indicated by signature on the last page of the ordinance or resolution once approved and/or adopted by the City Commission,. 7.3 City Manager to Review: All ordinances and resolutions shall be reviewed by the City Manager. Such review shall be so indicated by recommendation included in the agenda backup material presented to the Commission. 7.4 Distribution of Ordinances and Resolutions: The city manager or his designee shall have copies of all proposed ordinances prepared for distribution to all members of the Commission with the agenda backup material for the Commission meeting at which the ordinance is to be introduced. 7.5 Ordinances Deferred, Emergencies: Ordinances introduced at a commission meeting on first reading shall not be finally acted upon no sooner than the next official meeting of the 10 RESOLUTION #2025-______ commission; except that an emergency ordinance may be acted upon on first and second readings at the same meeting by an affirmative vote of at least two-thirds (four [4] members) of the commission. 7.6 Reading by Title Only: Upon being introduced, each proposed ordinance shall be read by title only, unless any member of the Commission requests a full reading of the ordinance. 7. 7 Consideration of Ordinances: Each proposed ordinance shall be read by title or in full two times. Except in case of a bill for an emergency ordinance, not more than one such reading shall be on the same day, and at least ten (10) days shall elapse between introduction and final passage. 7.8 Recording of Votes: The yeas and nays shall be taken upon the passage of all ordinances and resolutions and entered upon the official record of the Commission. (Section 166.041(4), Florida Statutes) 7.9 Majority Vote Required: An official vote of a majority of a quorum present is necessary to pass a motion, except that 2/3 (4 members) of the membership of the Commission is required to adopt an emergency ordinance. 7.10 Tie Vote: In the event of a tie in votes on any motion, the motion shall fail. 7.11 Numbering Ordinances and Resolutions: Upon passage, a number shall be assigned to each ordinance or resolution by the cCty Clerk. 7.12 Ordinance and Resolution Passage Procedure: When passed by the Commission, all ordinances and resolutions shall be signed by the Mayor and be attested by the City Clerk and it shall be immediately filed and thereafter preserved in the office of the City Clerk. 7.13 Requests for Ordinances or Legal Opinions: Any member of the City Commission may request the City Manager to have prepared proposed ordinances with such ordinances to be 11 RESOLUTION #2025-______ placed on the agenda of the next scheduled Commission meeting, provided the ordinance can be drafted and distributed to members of the Commission in accordance with time schedules set forth in 7.4 of these rules, Any member of the City Commission may request verbal or written legal opinions relating to City business from the City Attorney. 7.14 Voting Conflicts: No member of the City Commission may vote in his or her official capacity upon any measure which insures to his/her special private gain and shall, prior to the vote, publicly state to the assembly, the nature of his/her interest in the matter from which he/she is abstaining and within fifteen (15) days after the vote, file a memorandum of voting conflict with the City Clerk who shall incorporate it into the minutes. Section 8. CREATION OF COMMITTEES, BOARDS & COMMISSIONS 8.1 Citizen Committees, Boards and Commissions: The Commission may create committees, boards and commissions to assist in the conduct of the operation of the City government with such duties as the Commission may specify not inconsistent with the City Charter or City Code. 8.2 Membership and Selections: Membership and selection of members shall be as provided by the Commission if not specified by the City Charter or City Code. Any committee, board or commission so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the Commission. No committee so appointed shall have powers other than advisory to the Commission, except as otherwise specified by the City Charter or City Code. A volunteer membership list shall be established and distributed to the City Commission to aid in their selection of board, committee and commission members. 12 RESOLUTION #2025-______ 8.3 Removal of Members of Boards, Committees and Commissions: The Commission may remove any member of any board, committee or commission which it has created or as created by the City Charter by a vote of at least a majority of the Commission. Section 9. CITIZEN'S COMMENTS AS AN AGENDA ITEM 9.1 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 submitting a form to that effect with the City Clerk prior 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. Comments may be heard virtually when there is a need for City Hall and the Commission Chambers to be closed to the public. There are many airborne illnesses which people can contract by virtue of being in close contact with one another and therefore, as on ongoing exercise of the general police power and proprietary authority of the City, the City may from time to time, through the powers granted to the City Manager, require that certain health measures be implemented, regardless of the existence of any emergency order(s). Therefore, the City Manager may close Commission Chambers to public participation and may instead authorize virtual attendance and participation of employees 13 RESOLUTION #2025-______ and the public at large at City Commission meetings. The City Commission may appear virtually at the public meeting. The City Manager may require visitors to City Hall, whether to individual departments or to Commission Chambers, to be temperature checked, may require masks to be worn, and may require social distancing of six (6) feet to be maintained between persons. Failure to comply with these measures after advance warning will result in a request to leave the premises and if there is no compliance, removal of the employee or member of the public failing to comply with the temperature checks, mask requirements, or social distancing may be undertaken. 9.2 Manner of Addressing the Commission - Time Limit: Each person addressing the Commission shall step up to the microphone, shall give his/her name and address in an audible tone of voice for the record and, unless further time is granted by the Commission, shall limit his/her comments to three minutes. All remarks shall be addressed to the Commission as a body and not to any member thereof. No person other than members of the Commission, City Manager and the person having the floor shall be permitted to enter into any discussion, either directly or through the members of the Commission. When requested by any member of the Commission, the City Manager, City Attorney, as well as staff members, may enter into discussion. No questions shall be asked by the Commissioners, except through the Mayor. 9.3 Personal and Slanderous Remarks: Any person making personal, impertinent slanderous remarks, or who shall become boisterous, while addressing the Commission, may be required to leave the meeting and may be barred by the Mayor from further audience before the Commission. 9.4 Reading of Protests: Interested persons or their authorized representatives, may address the Commission for the reading of protests, petitions, or communications relating to any matter 14 RESOLUTION #2025-______ over which the Commission has control when the item is under consideration by the Commission, if a majority of the Commission present agrees to let them be heard. 9.5 Written Communications: Interested parties or their authorized representatives, may address the Commission by written communication in regard to any matter concerning the City's business or over which the Commission has control at any time by direct mail, electronic mail, or by addressing such communication to the City Clerk who will distribute copies of same to the Commissioners. Section 10. SUSPENSION AND AMENDMENT OF THESE RULES 10.1 Suspension of These Rules: Any provision of these rules not governed by the City Charter, State Statutes or City Code, may be temporarily suspended by a vote of a majority of the Commission. 10.2 Amendment of These Rules: These rules may be amended or new rules adopted, by a majority vote of all members of the Commission, provided that the proposed amendments or rules shall have been introduced into the record at a prior Commission meeting.