HomeMy WebLinkAbout2026-05-12 City Commission Meeting Agenda Packet
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.
THE MAYOR OFTEN ALLOWS APPLAUSE DURING CEREMONIAL OR CELEBRATORY PORTIONS OF THE MEETING, SUCH
AS PROCLAMATIONS, PRESENTATIONS, AWARDS, OR PUBLIC SAFETY RECOGNITIONS, AS THESE ARE NOT ACTION ITEMS
ARE INTENDED TO HONOR INDIVIDUALS OR EVENTS. HOWEVER, TO SAFEGUARD AN ORDERLY MEETING AND TO
PRECLUDE INTIMIDATION OF SPEAKERS ON AGENDA ITEMS, OR DESIGNATED PUBLIC COMMENTS, THE MAYOR
ORDINARILY PRECLUDES CLAPPING, APPLAUDING, HECKLING OR VERBAL OUTBURSTS DURING THESE PORTIONS OF THE
AGENDA.
BASED UPON THE FOREGOING, 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 #2026-025)
1. CALL TO ORDER/ROLL CALL
Agenda – Dania Beach City Commission
2 of 5
2. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE
3. PRESENTATIONS AND SPECIAL EVENT APPROVALS
1. Earth Day Artwork Competition Winners — Sponsored by Mayor Davis
Overall Winner - Olsen Middle School - Sarah Lynn D'Haiti
Dania Beach Parks & Recreation Centers - P. J. Meli Park
Dania Elementary School - Melissa Kiuberis
2. Honoring a Remarkable Career: Ana M. Garcia’s Retirement
3. City Commission Recognition of the Distinguished Service and Retirement of City
Manager, Ana M. Garcia — Sponsored by Commissioner Lewellen
4. Broward Solid Waste Authority - Master Plan and Facilities Amendment — Sponsored
by Commissioner Ryan
4. PROCLAMATIONS
1. Mental Health Awareness Month — May 2026 — Sponsored by Mayor Davis
2. Water Reuse Week — May 17–23, 2026 — Sponsored by Mayor Davis
3. National Safe Boating Week — May 16–22, 2026 — Sponsored by Mayor Davis
5. ADMINISTRATIVE REPORTS
1. City Manager
2. City Attorney
3. City Clerk - Reminders
- May 26, 2026 City Commission Meeting - 7 p.m.
- June 9, 2026 CRA Board Meeting - 6 p.m.
- June 9, 2026 City Commission Meeting - 7 p.m.
6. PUBLIC SAFETY REPORTS
7. CITIZENS' COMMENTS
Addressing the Commission: A thirty (30) minute "Citizen Comments" period shall be designated on the agenda for citizens and
interested persons to speak on matters whether or not scheduled on that day's agenda. Individuals wishing to speak on a matter
not included on the "Public Hearing" section of the agenda, which matter pertains to an item before the City Commission which
requires a decision of the City Commission, may do so by signing in and submitting a form to that effect with the City Clerk prior
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
Agenda – Dania Beach City Commission
3 of 5
of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker.
8. CONSENT AGENDA
1. Minutes:
2. Travel Requests:
3. RESOLUTION NO. 2026-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE
EPA COMMUNITY GRANT PROJECT FOR THE HIGH SERVICE PUMP AND
DRIVE REPLACEMENT PROJECT, WHICH IS A CRITICAL COMPONENTS OF
THE CITY’S WATER DISTRIBUTION SYSTEM; AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO EXECUTE APPLICATIONS AND RELATED
DOCUMENTS; PROVIDING FOR ACCEPTANCE OR DECLINATION OF
AWARDS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE. (Public Services)
4.
RESOLUTION NO. 2026-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
APPROVING THE FIRST AMENDMENT (THE FACILITIES AMENDMENT) TO
THE INTERLOCAL AGREEMENT FOR SOLID WASTE DISPOSAL AND
RECYCLABLE MATERIALS PROCESSING AUTHORITY OF BROWARD
COUNTY, FLORIDA; AUTHORIZING THE APPROPRIATE OFFICIAL TO
EXECUTE THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT;
AUTHORIZING THE CITY CLERK TO PROVIDE A COPY OF THIS
RESOLUTION AND THE EXECUTED FIRST AMENDMENT TO THE
INTERLOCAL AGREEMENT FOR SOLID WASTE DISPOSAL AND
RECYCLABLE MATERIALS PROCESSING AUTHORITY OF BROWARD
COUNTY, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND FURTHER PROVIDING FOR AN EFFECTIVE
DATE. (Commissioner Ryan)
5. RESOLUTION NO. 2026-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, CALLING FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD
ON TUESDAY, NOVEMBER 3, 2026, FOR THE PURPOSE OF ELECTING TWO
CITY COMMISSIONERS TO SERVE FOUR YEAR TERMS; PROVIDING FOR
Agenda – Dania Beach City Commission
4 of 5
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (City Clerk)
6. RESOLUTION NO. 2026-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING PROFESSIONAL ARCHITECTURAL AND
ENGINEERING SERVICES PROVIDED BY WGI, INC. FOR THE CITY HALL
ROOF IMPROVEMENT PROJECT IN AN AMOUNT NOT TO EXCEED ONE
HUNDRED THIRTY-ONE THOUSAND DOLLARS ($131,000.00); AUTHORIZING
THE CITY MANAGER TO EXECUTE A WORK ORDER PURSUANT TO THE
CITY’S CONTINUING CONTRACT FOR PROFESSIONAL ENGINEERING
SERVICES; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE. (Public Services)
7. RESOLUTION NO. 2026-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A
CORRECTED LOCAL AGENCY PROGRAM (LAP) AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR
CONSTRUCTION PHASE FUNDING FOR THE NW 1ST STREET COMPLETE
STREETS / PEDESTRIAN CONNECTIVITY PROJECT FROM BRYAN ROAD TO
STATE ROAD 5 / US-1; ACCEPTING FDOT FUNDING IN AN AMOUNT NOT TO
EXCEED TWO MILLION SIX HUNDRED FORTY-ONE THOUSAND NINE
HUNDRED THIRTY-SEVEN DOLLARS ($2,641,937.00.00); REIMBURSABLE
GENERAL FUND APPROPRIATION OF TWO HUNDRED THOUSAND DOLLARS
($200,000.00) AUTHORIZING THE CITY’S REQUIRED LOCAL CONTRIBUTION
IN THE AMOUNT OF TWO MILLION DOLLARS ($2,000,000.00); ATTACHING
THE LAP AGREEMENT AS EXHIBIT “A”; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE. (Public Services)
9. BIDS AND REQUESTS FOR PROPOSALS
1. RESOLUTION NO. 2026-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE AWARD OF INVITATION TO BID (ITB) NO. 26-
005 “CITYWIDE IRRIGATION SERVICES” TO SAM’S LANDSCAPE
MAINTENANCE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT AND ANY NECESSARY DOCUMENTS; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. (Public
Agenda – Dania Beach City Commission
5 of 5
Services)
10. QUASI-JUDICIAL & PUBLIC HEARING ITEMS: None
11. FIRST READING ORDINANCES: None
First reading ordinances that do not involve zoning (rezonings, or changes to Chapter 28 of the LDC), nor Article 3, Section 2 of
the Charter relating to ordinances for capital expenditures over $1,000,000) are not subject to public hearing. 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: None
13. DISCUSSION AND POSSIBLE ACTION: None
14. APPOINTMENTS
1. - Dania Beach Housing Authority — Mayor Davis
- Education Advisory Board — Mayor Davis
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: May 12, 2026
To: Mayor Joyce L. Davis
Vice Mayor Marco A. Salvino, Sr.
Commissioner Lori Lewellen
Commissioner Luis Rimoli
Commissioner A. J. Ryan IV
From: Ana M. Garcia, ICMA-CM, City Manager
Subject: Manager’s Report
This administration has taken communication and transparency to new heights. It was a priority for
our Commission, and we delivered and continued to seek more opportunities to bring forth
information to the public. In addition to our very detailed managers’ reports, we have added
monthly department director memos as well. We have invested in our partnership with the Dania
Beach Press casting a wider net to capture a larger audience. We have designed and implemented
an award-winning publication, Pioneer, a favorite of our residents along with the Alert Dania Beach
initiative where automated calls and texts go out to all that have registered for yet another option to
receive key information. As if we had not done enough, I wanted more opportunities for in person
face to face old school interaction hence the CORE Conversations was initiated. For the past two
years, from June to October our administration and City team took the show on the road meeting
with our residents in their neighborhood. With this being my final report as your City Manager, I
wanted to highlight some of our most recent accomplishments from every department after all it’s
all about, “The men and women in the arena!”
Finance Department
Chief Financial Officer, Yeimy Guzman has been selected to serve as the next FY2027 President of
the South Florida Government Finance Officers Association, representing Broward, Miami-Dade
and Monroe Counties. The Finance Department recently achieved several significant milestones,
including earning the prestigious Triple Crown recognition and completing five audits during the
current fiscal year, all resulting in clean opinions. These accomplishments reflect the department’s
continued commitment to excellence, transparency, and strong financial stewardship on behalf of
the City and its residents.
Community Development Department
Acclaimed marine life artist Wyland was recently commissioned by J. Milton and Associates as part
of the City of Dania Beach’s Public Art Program, reinforcing the city’s commitment to cultural
investment and environmental stewardship. Titled "The Sea Turtle Beach," a magnificent 8,000-
pound bronze Sea Turtle sculpture valued at $1.5M graces the northwest corner of Dania Beach
Boulevard and Gulfstream Road in front of the Seaview and Oceanview Luxury Rentals. It stands as
a powerful symbol of marine conservation and artistic innovation. This monumental piece is part of
Wyland’s bold international initiative to install 100 marine-life sculptures in 100 great cities around
the world to raise awareness about ocean life and endangered species. Dania Beach is now the
proud host of the third sculpture in this global series, joining installations in Beijing, China and
Hoonah, Alaska.
Human Resources Department
The Human Resources and Risk Management Department recently received 2026 Silver Bell Seal
Award for fostering a workplace where employees thrive through comprehensive benefits and
wellness initiatives. The Department has also been recognized for a second time by the Public Risk
Insurance Trust (PGIT) for its comprehensive, citywide Risk Management Program, including the
evolution of the Safety Committee into the Eagle WI$E Committee, which emphasizes employee
health and wellness while supporting productivity and cost efficiency. The City’s Risk Manager is
also included in this award for outstanding leadership in risk mitigation and program
administration.
Parks and Recreation Department
The Department of Parks and Recreation has continued to advance its mission by achieving
significant accomplishments that enhanced community spaces, expanded programming, and
strengthened professional capacity. From initial concept and design through final construction and
ribbon-cutting, the Department successfully delivered its first Parks and Recreation Master Plan
project, CW Thomas Park, representing a $23.1 million investment in community infrastructure.
The project marked a major milestone in expanding high-quality recreational opportunities and
enhancing public spaces. Across all divisions, the Department has achieved record-breaking
program participation, sell out numbers, reflecting increased community engagement and
expanded service offerings. Special events also reached unprecedented attendance levels,
highlighting strong public interest, effective outreach efforts, and the Department’s continued
success in delivering engaging, high-quality experiences that bring the community together. Finally,
the Department significantly strengthened its professional capacity by expanding the number of
Certified Parks and Recreation Professionals from one to six, further enhancing the quality and
expertise of services delivered to our community.
Public Services Department
The greatest accomplishment by the Public Services Department (PSD) is the team’s successful
and undisrupted performance of its numerous and diverse tasks over the past six months,
including managing multiple high dollar capital projects, despite significant personnel challenges.
During this difficult period, the Department led the completion or substantial completion of several
complex capital projects, maintained a high level of operational effectiveness, and successfully
carried out a myriad of administrative processes, including procurement matters and commission
agenda submittals. This was accomplished despite half of PSD’s leadership and administrative
staff undergoing replacements, re-assignments, and in some cases, roles remaining vacant for
weeks. Seamlessly performing the many functions of the largest and most complex department in
the City during this period is a testament to the Team’s competence, cohesiveness, focus, and
work ethic. I also underscore the solid and unwavering support of the Department by the City
Administration.
Marketing and Communications Division
Pioneer and Huddle were both awarded the Outstanding Award (First Place) at the Florida
Municipal Government Communicators Association annual awards ceremony. This is the second
year that Pioneer wins and the first for Huddle.
City Clerk’s Office
Over the past year, the Clerk’s Office has made steady progress on several important initiatives.
We received approval to move forward with online legal advertising through Broward County’s
designated website, which will go live on October 1st and will improve accessibility and efficiency.
Deputy City Clerk Erin McClendon is also set to earn her Certified Municipal Clerk (CMC)
designation this year, a reflection of her continued dedication to the profession. In addition,
Records Specialist Kayla Michelin successfully coordinated the disposition of 91.25 cubic feet of
records that had met their retention requirements, helping keep our records system organized and
compliant. These efforts reflect the team’s ongoing focus on improvement, professionalism, and
good records management.
IT Division
Over the past year, the IT Division strengthened the City’s technology infrastructure and
cybersecurity posture. Key accomplishments include implementing a modern citywide access
control and video surveillance system, advancing cloud migration efforts, and enhancing
cybersecurity through 24/7 monitoring and staff training. Additionally, IT supported major initiatives
with other departments aligning technology with the City’s strategic goals.
BSO Police Dania Beach District
The Broward Sheriff's Office Dania Beach District has achieved significant successes under the
leadership of Manager Garcia. During this period, the city has experienced a 17 percent reduction
in crime. We implemented a proactive “block party” operational plan, which has contributed to a
reduction in shootings associated with impromptu gatherings. Our partnership with Dania
Pointe has helped create a safe environment, reinforcing its reputation as a premier destination in
Broward County. Since October 7th, 2023, we have developed and executed a comprehensive
safety plan, coupled with community outreach to religious institutions and schools. These efforts
have resulted in zero incidents at these locations and have strengthened relationships with both
the Jewish and Muslim communities. Additionally, the district acquired high-water rescue vehicles,
which were instrumental in assisting residents during severe flooding events. We also deployed 24
license plate readers (LPRs) throughout the city. This investment, aligned with the Sheriff’s
strategic plan, has enhanced our technological capabilities in identifying and apprehending wanted
vehicles and individuals. Finally, the addition of two high-tech mobile sky towers has expanded our
ability to monitor large-scale events and proactively deter emerging crime trends
BSO Fire Rescue Dania Beach District
Over the past few years, we implemented a strategic fire apparatus refurbishment program
focused on extending the life and reliability of our fleet while being fiscally responsible. Through
this initiative, both our fire trucks and rescue units were systematically refurbished, and as of May
2026, our entire frontline fleet has been updated and placed back into service in excellent
condition. This proactive approach has positioned the City with a dependable fleet for the next
several years, allowing leadership to plan ahead for future replacements in a thoughtful and cost-
effective manner rather than reacting to emergency breakdowns. At the same time, our Safety
Saturday CPR and First Aid initiative is in full force, actively training members of our community in
life-saving skills and reinforcing our commitment to public safety through both preparedness and
prevention.
As I close out the Dania Beach chapter of my 35-year public service career, I would be remiss if I did
not mention how amazingly we handled two unprecedented and truly critical crises, COVID and the
flood of 2023. An all-hands-on deck approach, tapping into our relationships for assistance and
support, and an outside the box thinking were critical; hence, why we faired so well. I can go on and
on because I have enough material to write a book about all that we have accomplished together
these past seven years! I am so grateful to our City Commission for your unwavering confidence,
trust and support and allowing me to do my job! Legacy leadership is all about investing in others,
leaders building leaders, and that is the number one reason for the success of this administration!
My heartfelt gratitude to all the men and women in the Dania Beach arena, you’re simply the best!
To my wingman, Deputy City Manager, my confidant and friend Candido Sosa Cruz, it’s your time,
Congratulations! I couldn’t hand off the baton to anyone better to continue to move this City
forward! Serving the citizens of Dania Beach was an honor and a privilege!
Subject: Thank you for the outstanding work this weekend
Sergeant Williams, Corey, and Jorge,
Thank you and your teams for how handled Saturday night. The “DP takeover” social media activity
drew an overwhelming number of teenagers, and we all know how quickly situations like that can
escalate based on past experience.
Because of your preparation, coordination, and leadership, the night went about as well as it
possibly could. You contained a challenging situation, minimized issues, and kept our guests,
tenants, and employees safe. The outcome speaks for itself: only one arrest and one incident
throughout the entire night.
Holding the line on our youth policy during an influx like that doesn’t happen by accident. It reflects
strong planning, clear communication, and professionalism on the ground, all of which were
evident this weekend.
A year ago, we were in a very different place. The improvement since then is significant and is a
direct result of the commitment you’ve shown. We’re fortunate to have this partnership with BSO
and this team in place. Saturday demonstrated what we can accomplish together.
Thank you.
Josh Levine
General Manager | Dania Pointe
Phone: (786) 848-4112 | jlevine@kimcorealty.com
1763 Pointe Blvd | Dania Beach, FL 33004
General inquiries and property related matters 24/7: (833) 800-4343
kimcorealty.com
City of Dania Beach
100 WEST DANIA BEACH BLVD
DANIA BEACH, FLORIDA 33004
May 14,2026
Special Magistrate Agenda
Page
1
of
8
0013
Case # Status Hearing Type Property Address Cited Party Default Inspector
2025-00000547 Active H-ABATEMENT - Abatement
Hearing
604 SW 2 AVE 604 SW 2ND AVE LLC
Alberto Chavarria
2025-00000852 Active H-CONFIRMATION -
Confirmation Hearing
707 SW 10 ST MEDALLA LAND LLC Alberto Chavarria
2025-00000884 Active H-FORECLOSURE -
Foreclosure Hearing
307 W DIXIE HWY 307 W DIXIE LLC Alberto Chavarria
2025-00001358 Active H-CONFIRMATION -
Confirmation Hearing
753 SW 2 ST NATIONSTAR MORTGAGE LLC
% MR COOPER
Alberto Chavarria
2025-00001372 Active H-CONFIRMATION -
Confirmation Hearing
708 SW 7 TER LARKIN, IVADELL Alberto Chavarria
2025-00001411 Active H-CONFIRMATION -
Confirmation Hearing
242 SW 16 ST JOHNSON SOLOMON & NATHANIEL-JOHNSON
CARROL P
Alberto Chavarria
2025-00001920 Active H-FIRST HEARING - First
Hearing
1200 STIRLING RD STIRLING INDUSTRIAL PARK
C/O: ALAN LEVY
Alberto Chavarria
2025-00001921 Active H-FIRST HEARING - First
Hearing
1206 STIRLING RD STIRLING INDUSTRIAL PARK
C/O: ALAN LEVY
Alberto Chavarria
2025-00001922 Active H-FIRST HEARING - First
Hearing
1210 STIRLING RD STIRLING INDUSTRIAL PARK
C/O: ALAN LEVY
Alberto Chavarria
2025-00001929 Active H-FIRST HEARING - First
Hearing
1300 STIRLING ROAD STIRLING INDUSTRIAL PARK
C/O ALAN LEVY
Alberto Chavarria
City of Dania Beach
100 WEST DANIA BEACH BLVD
DANIA BEACH, FLORIDA 33004
May 14,2026
Special Magistrate Agenda
Page
2
of
8
2025-00001936 Active H-FIRST HEARING - First
Hearing
1320 STIRLING ROAD STIRLING INDUSTRIAL PARK
% ALAN LEVY
Alberto Chavarria
2025-00001965 Active H-FIRST HEARING - First
Hearing
FOREST VIEW CIR FOREST VIEW ESTATES LLC
Alberto Chavarria
2025-00001970 Active H-FIRST HEARING - First
Hearing
1340 STIRLING RD STIRLING INDUSTRIAL PARK % ALAN LEVY
Alberto Chavarria
2026-00000064 Active H-FIRST HEARING - First
Hearing
140 S COMPASS WAY DANIA LIVE 1748 LLC
C/O: KIM REALTY
Alberto Chavarria
2026-00000092 Active H-FIRST HEARING - First
Hearing
1555 SW 12 AVE GUARANTY LLC Alberto Chavarria
2026-00000158 Active H-FIRST HEARING - First
Hearing
4164 SW 52 ST OHANA, SHAI
TAHORI, MORDECHAI
Alberto Chavarria
2026-00000180 Active H-FIRST HEARING - First
Hearing
4231 SW 53 ST EMERALD PALMS VENTURE LP
Alberto Chavarria
2025-00000713 Active H-EXTENSION - Extension
Hearing
4350 SW 48 CT DIDI CAPITAL CORP
Andre Smith
2025-00000977 Active H-CONFIRMATION -
Confirmation Hearing
4117 SW 52 ST OR PINHAS INC Andre Smith
2025-00001319 Active H-FIRST HEARING - First
Hearing
5511 WOODLAND LN L'CHAIM FARM LLC Andre Smith
2025-00001805 Active H-FIRST HEARING - First
Hearing
300 S FEDERAL HWY OGEL LLC
Andre Smith
2025-00001809 Active H-FIRST HEARING - First
Hearing
322 S FEDERAL HWY SHREE-RAM PLAZA LLC
Andre Smith
City of Dania Beach
100 WEST DANIA BEACH BLVD
DANIA BEACH, FLORIDA 33004
May 14,2026
Special Magistrate Agenda
Page
3
of
8
2025-00001840 Active H-FIRST HEARING - First
Hearing
246 S FEDERAL HWY CARI MCELYEA KRESA REV TR
KRESA, CARI MCELYEA TRSTEE
Andre Smith
2025-00001841 Active H-FIRST HEARING - First
Hearing
1502 S FEDERAL HWY 1502 S FEDERAL HIGHWAY LLC
C/O: XIRAS JOSEPH
Andre Smith
2025-00001842 Active H-FIRST HEARING - First
Hearing
234 S FEDERAL HWY HAYASTAN 234 LLC Andre Smith
2025-00001861 Active H-FIRST HEARING - First
Hearing
202 S FEDERAL HWY OAK STREET INVESTMENT GRADE NET LEASE
FUND SERIES 2020-1 LLC
Andre Smith
2026-00000123 Active H-FIRST HEARING - First
Hearing
220 SW 5 ST REINOSO, ROSA INDHIRA Andre Smith
2026-00000142 Active H-FIRST HEARING - First
Hearing
237 SW 4 ST S/S 237 DANIA REALTY LLC %ELBIA SANCHEZ
Andre Smith
2025-00001892 Active H-FIRST HEARING - First
Hearing
105 S FEDERAL HWY HARNIK MANAGEMENT LLC
Anson Westberry
2025-00001948 Active H-FIRST HEARING - First
Hearing
323-325 S FEDERAL HIGHWAY TIMMEY BASMATIAH Anson Westberry
2026-00000061 Active H-FIRST HEARING - First
Hearing
25 SE 12 ST JEANNINE TRUDEAU Anson Westberry
2026-00000107 Active H-FIRST HEARING - First
Hearing
53 SE 11 ST NIKKI 51-53 LLC
Anson Westberry
2026-00000141 Active H-FIRST HEARING - First
Hearing
249 S FEDERAL HWY UNILATINA CORP
Anson Westberry
2025-00001245 Active H-CONFIRMATION -
Confirmation Hearing
90 BRYAN RD WAVE 90 L2 LLC Luciano Nibbs
2025-00001853 Active H-FIRST HEARING - First
Hearing
2 S FEDERAL HWY MORS PROPERTIES LLC
Luciano Nibbs
2025-00001856 Active H-FIRST HEARING - First
Hearing
35 PARK AVE DANIA CANTERBURY L P
Luciano Nibbs
City of Dania Beach
100 WEST DANIA BEACH BLVD
DANIA BEACH, FLORIDA 33004
May 14,2026
Special Magistrate Agenda
Page
4
of
8
2025-00001918 Active H-FIRST HEARING - First
Hearing
110 NW 1 ST DANIA WAREHOUSE 110 LLC Luciano Nibbs
2025-00001924 Active H-FIRST HEARING - First
Hearing
999 ELLER DRIVE COON HOLDINGS INC Luciano Nibbs
2025-00001931 Active H-FIRST HEARING - First
Hearing
42 NW 14 CT CHRISTOPHER L SWEETING & RUSHAE
SMITH SWEETING
Luciano Nibbs
2025-00001973 Active H-FIRST HEARING - First
Hearing
145 SW 3 AVE FLORIDA EAST COAST RAILWAY ATTN:
DANIELA BRANDENBURG
Luciano Nibbs
2025-00001978 Active H-FIRST HEARING - First
Hearing
151 SW 18 COURT STIRLING HOTEL DANIA BEACH LTD
Luciano Nibbs
2025-00000450 Active H-CONFIRMATION -
Confirmation Hearing
4485 SW 25 TER 4485 SW 25TH TERRACE LLC
Michelle Shahryar
2025-00000451 Active H-CONFIRMATION -
Confirmation Hearing
4497 SW 25 TER ANNERYS & RAFAEL H/E PUIG, RAFAEL &
ROSA PUIG
Michelle Shahryar
2025-00000483 Active H-CONFIRMATION -
Confirmation Hearing
3040 SW 45 ST WEBSTER,ROBERT S Michelle Shahryar
2025-00001134 Active H-CONFIRMATION -
Confirmation Hearing
4401 SW 35 AVE O'BRIEN PROPERTY INVESTMENTS LLC Michelle Shahryar
2025-00001235 Active H-CONFIRMATION -
Confirmation Hearing
804 NW 8 ST JAMES BRADLEY
Michelle Shahryar
2025-00001238 Active H-ABATEMENT - Abatement
Hearing
714 NW 8 AVE NOVOA MAURICIO G Michelle Shahryar
2025-00001269 Active H-CONFIRMATION -
Confirmation Hearing
804 NW 8 ST JAMES BRADLEY Michelle Shahryar
2025-00001402 Active H-EXTENSION - Extension
Hearing
610 NE 2 PL CHERNIY, DENNIS Michelle Shahryar
City of Dania Beach
100 WEST DANIA BEACH BLVD
DANIA BEACH, FLORIDA 33004
May 14,2026
Special Magistrate Agenda
Page
5
of
8
2025-00001704 Active H-FIRST HEARING - First
Hearing
934 NAUTILUS ISLE IDANIEL VAZQUEZ VAZQUEZ Michelle Shahryar
2025-00001749 Active H-FIRST HEARING - First
Hearing
525 NE 3 ST ALEGRE HOMES USA LLC
Michelle Shahryar
2025-00001789 Active H-FIRST HEARING - First
Hearing
2880 SW 23 TER 102 VICENTE HOLDING GROUP LLC Michelle Shahryar
2026-00000010 Active H-FIRST HEARING - First
Hearing
3019 RAVENSWOOD RD 104 SOUSA ELIZABETH PETROSKE Michelle Shahryar
2026-00000012 Active H-FIRST HEARING - First
Hearing
3019 RAVENSWOOD RD 108 AEROSPACE DESIGN GROUP INC Michelle Shahryar
2026-00000060 Active H-FIRST HEARING - First
Hearing
4531 SW 42 TER DIAZ, YESENIA
VILADRICH, PABLO DANIEL
Michelle Shahryar
2026-00000100 Active H-FIRST HEARING - First
Hearing
2757 SW 47 ST OGBUAGU HENRY M & CYNTHIA Michelle Shahryar
2026-00000110 Active H-FIRST HEARING - First
Hearing
5510 SW 25 AVE 5510 SW LAND TR / CASITA SERVICES LLC
TRSTEE
Michelle Shahryar
2026-00000113 Active H-FIRST HEARING - First
Hearing
5446 SW 25 AVE 5446 SW LAND TR / CASITA SERVICES LLC
TRSTEE
Michelle Shahryar
2026-00000169 Active H-RECURRING - Recurring
Hearing
304 SE 4 ST KALENTZIS ANASTASIOS Michelle Shahryar
2026-00000213 Active H-RECURRING - Recurring
Hearing
3241 SW 44 ST B & H INVESTMENT MANAGEMENT LLC Michelle Shahryar
2025-00000139 Active H-CONFIRMATION -
Confirmation Hearing
SW 54 ST CONSOLIDATE MANAGEMENT CO %
EMERALD ISLES CONDO
Ricky Ali
2025-00000392 Active H-EXTENSION - Extension
Hearing
4407 SW 37 AVE KANE, MICHAEL Ricky Ali
City of Dania Beach
100 WEST DANIA BEACH BLVD
DANIA BEACH, FLORIDA 33004
May 14,2026
Special Magistrate Agenda
Page
6
of
8
2025-00001176 Active H-CONFIRMATION -
Confirmation Hearing
2351 SW 34 ST LEGGENDE REALTY LLC Ricky Ali
2025-00001672 Active H-CONFIRMATION -
Confirmation Hearing
4541 SW 28 TER TWIN HARBORS PROPERTY MANAGEMENT
LLC
Ricky Ali
2025-00001870 Active H-FIRST HEARING - First
Hearing
2216 SW 38 ST 2216 LLC
Ricky Ali
2025-00001876 Active H-FIRST HEARING - First
Hearing
3091 GRIFFIN RD GRIFFIN BJK LLC Ricky Ali
2026-00000033 Active H-FIRST HEARING - First
Hearing
3121 SW 44 ST E & D BROTHERS GROUP 2 LLC
Ricky Ali
2026-00000087 Active H-FIRST HEARING - First
Hearing
2295 SW 45 ST COSTA ERIC Ricky Ali
2026-00000139 Active H-FIRST HEARING - First
Hearing
3391 GRIFFIN RD FAMILY SHUL INC
Ricky Ali
2026-00000179 Active H-RECURRING - Recurring
Hearing
2296 W STATE RD 84 AMERICAN RECOVERY SPECIALISTS OF FT
LAUDERDALE INC
Ricky Ali
2024-00001431 Active H-CONFIRMATION -
Confirmation Hearing
5511 WOODLAND LN L'CHAIM FARM INC Windy Damis
2025-00000202 Active H-CONFIRMATION -
Confirmation Hearing
5501 SW 24 AVE AZULAY, ROY Windy Damis
2025-00000659 Active H-ABATEMENT - Abatement
Hearing
5430 SW 25 AVE E & D DANIA LIMITED LLC
Windy Damis
2025-00001213 Active H-EXTENSION - Extension
Hearing
3414 GRIFFIN RD GRIFFIN PARTNERS INC
Windy Damis
2025-00001793 Active H-FIRST HEARING - First
Hearing
3414 GRIFFIN RD GRIFFIN PARTNERS INC
Windy Damis
City of Dania Beach
100 WEST DANIA BEACH BLVD
DANIA BEACH, FLORIDA 33004
May 14,2026
Special Magistrate Agenda
Page
7
of
8
2025-00001794 Active H-FIRST HEARING - First
Hearing
2820 GRIFFIN RD MALIKMO LLC
Windy Damis
2025-00001813 Active H-FIRST HEARING - First
Hearing
2990 GRIFFIN RD 2990 GRIFFIN ROAD Windy Damis
2025-00001820 Active H-FIRST HEARING - First
Hearing
3036 GRIFFIN RD JOHN A LETO SR TR Windy Damis
2025-00001834 Active H-FIRST HEARING - First
Hearing
2700 GRIFFIN RD K E 2700 LLC Windy Damis
2025-00001836 Active H-FIRST HEARING - First
Hearing
4800 SW 28 TER N& D HOLDING INC
Windy Damis
2025-00001844 Active H-FIRST HEARING - First
Hearing
2972 GRIFFIN RD ATHANASIOS ZAVALIS EST
Windy Damis
2025-00001857 Active H-FIRST HEARING - First
Hearing
2890 GRIFFIN RD VERRILLI SALVATORE Windy Damis
2025-00001859 Active H-FIRST HEARING - First
Hearing
2600-2648 GRIFFIN RD SDS DEVELOPMENT& TRUST LLC Windy Damis
2025-00001884 Active H-FIRST HEARING - First
Hearing
5731 SW 24 AVE SHIRAN DAVID Windy Damis
2026-00000136 Active H-FIRST HEARING - First
Hearing
2661 SW 54 PL POMPANO BEACH HOUSING SERVICE LLC
Windy Damis
2026-00000159 Active H-FIRST HEARING - First
Hearing
2360 SW 51 CT JENNY GRANADOS & RICHARDO MARULANDA
Windy Damis
2026-00000163 Active H-FIRST HEARING - First
Hearing
2251 SW 51 CT GASBODA TIMOTHY A EST
Windy Damis
2026-00000166 Active H-FIRST HEARING - First
Hearing
3016 SW 50 ST KNOLES, JASON Windy Damis
City of Dania Beach
100 WEST DANIA BEACH BLVD
DANIA BEACH, FLORIDA 33004
May 14,2026
Special Magistrate Agenda
Page
8
of
8
2026-00000190 Active H-FIRST HEARING - First
Hearing
4944 SW 26 TER HERNANDEZ, FRANK & PADILLA, SILVIA Windy Damis
City of Dania Beach
Public Services Memorandum
DATE: 5/12/2026
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager
Fernando J. Rodriguez, Public Services Director
SUBJECT: APPROVAL OF A RESOLUTION AUTHORIZING APPLICATION FOR
EPA-COMMUNITY GRANT PROJECT
Request:
The Public Services Department (PSD) is requesting authorization for approval to apply for the
EPA – Community Grant Project for the High Service Pump and Drive Replacement Project.
Background:
The High Service Pumps are central to the facility’s water distribution system, engineered for
reliable performance under demanding conditions. Designed to manage large volumes and
maintain constant pressure throughout the network, these pumps serve as the backbone of
municipal supply, ensuring that water reaches users efficiently and consistently. Each unit
features advanced control systems for real-time monitoring and maintenance, reducing downtime
and optimizing operational cost. The integration of these pumps supports both present and future
capacity needs, aligning with sustainability goals and enhancing resilience against service
interruptions.
Budgetary Impact
There is no immediate budgetary impact associated with authorization to apply for the grant. The
City has been awarded $1,500,000 in federal funding through the U.S. Environmental Protection
Agency Community Grant Program for this project. Additionally, the EPA has granted a waiver
of the required non-federal cost share; therefore, no local matching funds are required for this
award. Any future acceptance of grant funding will remain subject to City Commission approval,
final grant terms, coordination with partnering jurisdictions as applicable, and the availability of
eligible funding sources.
Recommendation
PSD recommends approval of the Resolution authorizing submission of the EPA – Community
Grant Project application.
RESOLUTION NO. 2026-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE SUBMISSION OF AN
APPLICATION FOR THE EPA COMMUNITY GRANT PROJECT FOR THE
HIGH SERVICE PUMP AND DRIVE REPLACEMENT PROJECT, WHICH IS
A CRITICAL COMPONENTS OF THE CITY’S WATER DISTRIBUTION
SYSTEM; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXECUTE APPLICATIONS AND RELATED DOCUMENTS; PROVIDING
FOR ACCEPTANCE OR DECLINATION OF AWARDS; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
the United States Environmental Protection Agency (EPA) administers grant
programs to support infrastructure improvements and environmental sustainability initiatives; and
the City of Dania Beach Public Services Department seeks to apply for
funding under the EPA Community Grant Project for the High Service Pump and Drive
Replacement Project; and
the High Service Pumps are critical components of the City’s water
distribution system, designed to manage large volumes of water and maintain consistent pressure
throughout the network, ensuring reliable delivery of water to residents and businesses; and
the proposed project will support the replacement of existing pumps and
drives with updated equipment featuring advanced control systems for real-time monitoring,
improved operational efficiency, reduced downtime, and enhanced system reliability; and
the project aligns with the City’s goals of sustainability, infrastructure
resilience, and long-term service reliability; and
there is no immediate budgetary impact associated with the authorization to
apply for this grant, and
the City of Dania Beach has been awarded $1,500,000 in federal funding
through the U.S. Environmental Protection Agency Community Grant Program for the High
Service Pump and Drive Replacement Project; and
the EPA has granted a waiver of the required non-federal cost share for this
project, and therefore no local matching funds are required; and
any future acceptance of grant funding, including any required local match,
will be subject to City Commission approval and availability of funds; and
2 RESOLUTION #2026-____
WHEREAS, submission of an application does not obligate the City to accept any award,
and the City retains the discretion to decline funding if it is determined not to be in the City’s best
interest.
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
incorporated herein by this reference.
Section 2. That the City Commission hereby authorizes the submission of an
application to the United States Environmental Protection Agency for the Community Grant
Project for the High Service Pump and Drive Replacement Project.
Section 3. That the City Manager, or designee, is hereby authorized to prepare,
execute, and submit all grant applications, certifications, assurances, and supporting
documentation required by the EPA.
Section 4. That the City Commission authorizes the City Manager, or designee, to
accept or decline any grant award consistent with the City’s best interests and subject to further
Commission approval as required.
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 become effective immediately.
PASSED AND ADOPTED on __________________, 2026.
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 #2026-____
ATTEST:
April 28, 2026
Mayor and City Commission
Eve A. Boutsis, City Attorney
Commissioner Archibald J. Ryan, IV
: Approve the First Amendment to the Interlocal Agreement for Solid Waste
Disposal and Recyclable Materials Processing Authority of Broward
County, Florida
Approve the First Amendment to the Interlocal Agreement for Solid Waste Disposal and
Recyclable Materials Processing Authority of Broward County, Florida
Broward County, the City of Dania Beach and 28 other cities entered into the Interlocal Agreement
for Solid Waste Disposal and Recyclable Materials Processing Authority of Broward County,
Florida (“ILA”) to form an independent special district known as the Solid Waste Disposal and
Recyclable Materials Processing Authority of Broward County, Florida (“Authority”), which is
charged with coordinating regional solid waste disposal and recycling programs pursuant to
Sections 163.01, 403.706(11), (12), (15), and (19), and 403.713, Florida Statutes.
The ILA became effective on August 16, 2023 (“ILA Effective Date”). It requires the adoption of
a Facilities Amendment within thirty-six (36) months of the ILA Effective Date as part of the
Formation Conditions. This Facilities Amendment, as defined in Section 3.3 of the ILA, is adopted
pursuant to that requirement.
Section 3.3 of the ILA provides that, to be effective, the Facilities Amendment must be approved
by the Broward County Board of County Commissioners and by the governing bodies of
municipalities representing at least eighty percent (80%) of the total population of the Municipal
Parties to the ILA.
CITY OF DANIA BEACH
MEMORANDUM
As further described in Section 3.3 of the ILA, the purpose of the Facilities Amendment is to: (i)
provide long-term contingency plans for waste disposal; (ii) address the use and disposition of
Authority facilities and assets in the event of a Wind Down; and (iii) ensure the orderly and
efficient allocation of services during that process. The Facilities Amendment reflects lessons from
the prior regional solid waste system established in 1986 (the Broward Solid Waste Disposal
District governed by the Resource Recovery Board), which dissolved in 2013 and gave rise to
asset disputes and litigation that was eventually resolved by settlement in 2015. Through the
Facilities Amendment, the Parties seek to avoid similar conflicts by clearly defining procedures
for the use and disposition of Authority assets.
Recommendation
Budgetary Impact
RESOLUTION NO. 2026-__
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DANIA BEACH, APPROVING THE FIRST AMENDMENT
(THE FACILITIES AMENDMENT) TO THE INTERLOCAL
AGREEMENT FOR SOLID WASTE DISPOSAL AND
RECYCLABLE MATERIALS PROCESSING AUTHORITY OF
BROWARD COUNTY, FLORIDA; AUTHORIZING THE
APPROPRIATE OFFICIAL TO EXECUTE THE FIRST
AMENDMENT TO THE INTERLOCAL AGREEMENT;
AUTHORIZING THE CITY CLERK TO PROVIDE A COPY OF
THIS RESOLUTION AND THE EXECUTED FIRST
AMENDMENT TO THE INTERLOCAL AGREEMENT FOR
SOLID WASTE DISPOSAL AND RECYCLABLE MATERIALS
PROCESSING AUTHORITY OF BROWARD COUNTY,
FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND FURTHER PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dania Beach, has previously entered into
the Interlocal Agreement for Solid Waste Disposal and Recyclable Materials Processing Authority
of Broward County, Florida (the “ILA”) among Broward County, Florida (the “County”) and
twenty-eight municipalities in Broward County (each, individually, a “Municipal Party” and
collectively, the “Municipal Parties”) (collectively with the County, the “Parties,” and each
individually a “Party”) effective as of August 16, 2023 (“ILA Effective Date”), that created the
Solid Waste Disposal and Recyclable Materials Processing Authority of Broward County (the
“Authority”); and
WHEREAS, the residents, businesses and tourists in Broward County generate 5,000,000
tons of solid waste annually, or 20,000 pounds per minute, double the national average per person;
and
WHEREAS, commissioned studies project that the amount of future solid waste
generation in Broward County will increase by almost 50 percent over the next 40 years; and
WHEREAS, the single existing Class I landfill in Broward County currently available for
disposal of solid waste is reaching capacity, and will stop accepting Class I waste for disposal at
the end of this year; and
WHEREAS, the single existing waste-to-energy plant located in Broward County is at
capacity and is unable to accept any additional solid waste; and
WHEREAS, the County and its municipalities face a solid waste crisis based upon
projected increases in the generation of solid waste; and
WHEREAS, since the 2013 dissolution of the Resource Recovery System (which had been
governed by the Resource Recovery Board), the municipalities and the County have failed to
achieve the 75 percent statutory recycling goal, instead the County recycling rate is approximately
30 percent; and
WHEREAS, even for those municipalities that are participating in recycling efforts, the
contamination rates are far too high, resulting in less recycling and increased direct costs to the
municipalities that are paid by their residents; and
WHEREAS, following the dissolution of the Resource Recovery System and Resource
Recovery Board, each of the 31 municipalities and the County (for the unincorporated area) were
on their own to manage solid waste disposal and recycling, resulting in variability of costs and
disposal services; and
WHEREAS, the Solid Waste Working Group and subsequently the Authority have
analyzed waste composition, waste generation, existing disposal capacity, and areas where
significant improvements in solid waste management would yield economies of scale that are
expected to result in lower processing and disposal costs, in order to achieve necessary goals of
reduction, reuse and recycling to conserve needed disposal capacity; and
WHEREAS, the Governing Board of the Authority, on April 17, 2026, adopted a Master
Plan that will enable the Parties to work collaboratively, for at least the next 40 years, to implement
a long-term, environmentally sustainable, transparent, innovative, and economically efficient plan
and approach to reduction, reuse, recycling, and disposal of solid waste generated in the County;
and
WHEREAS, the Master Plan outlines strategic actions across several key areas:
• Establishing a waste management system throughout the County that decreases
dependency on landfill and waste-to-energy and reduces the risk of market-
driven unpredictability of costs for ILA members.
• Ensuring all Parties benefit from streamlined operations, improved access to
services, and meaningful participation in long-term decision-making.
• Promoting a circular economy that maximizes the diversion of solid waste from
the waste stream into beneficial uses that support domestic supply chains and
manufacturing while reducing the reliance on and extraction of virgin natural
resources.
• Reducing waste generation through a robust education and outreach program,
behavior change, and incentives for circular economy practices.
• Expanding recovery and recycling with construction and demolition (C&D)
debris and mandatory commercial recycling ordinances, implementing curbside
source-separated yard trash processing, and developing convenience recycling
drop-off facilities to protect current and future disposal capacity and maximize
value from recovered solid waste commodities for the benefit of ILA members.
• Optimizing the use of existing public and private infrastructure in the most
economical and efficient manner, while identifying the potential for new
facility needs for transfer, processing, and disposal over the long term so as to
achieve the goals of financial transparency, predictability and savings.
• Improving governance and financial stability via flow control mechanisms,
assessment models, and regional policy and service harmonization; and
WHEREAS, in order for the Authority to continue in existence, the ILA requires the
adoption of a “Facilities Amendment” within thirty-six months of the ILA Effective Date as part
of the Formation Conditions of the Authority, all as defined in the ILA; and
WHEREAS, as part of the Formation Conditions, each Municipal Party’s elected body has
one hundred twenty days to adopt and deliver to the Authority a resolution approving the Facilities
Amendment; and
WHEREAS, if the City fails to adopt and deliver to the Authority a resolution approving
the Facilities Amendment within that one hundred twenty-day period, it will be deemed to
constitute the City’s withdrawal from the ILA; and
WHEREAS, for the Facilities Amendment to be effective, it must be approved by the
elected bodies of: (a) Municipal Parties representing at least eighty percent (80%) of the total
population of the Municipal Parties; and (b) the County; and
WHEREAS, on March 20, 2026, the Governing Board of the Authority voted to
recommend the First Amendment to the ILA, which is attached hereto as Exhibit “A” to this
Resolution (the “Facilities Amendment”); and
WHEREAS, the City Commission of the City of Dania Beach, deems it to be in the best
interest of the City to support the Master Plan, to continue to be a Municipal Party of the Authority,
and to approve the Facilities Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. The foregoing WHEREAS clauses are hereby ratified and incorporated as
the legislative intent of this Resolution.
Section 2. The Facilities Amendment attached hereto as Exhibit “A” is approved
together with such non-substantive changes as may be acceptable to the City Manager and
approved as to form and legality by the City Attorney.
Section 3. The appropriate City officials are authorized and directed to execute the
Facilities Amendment and to send a copy of this Resolution and the executed Facilities
Amendment to the Authority.
Section 4. The appropriate City officials are further authorized to execute a revised version
of the Facilities Amendment, if requested by the Authority, so long as the revised Facilities
Amendment is substantively the same as Exhibit “A” and includes only non-substantive changes
that are acceptable to the City Manager and approved as to form and legality by the City, and to
send such revised Facilities Amendment to the Authority. Exhibit “A” is incorporated by
reference into this Resolution.
Section 5. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 6. If any clause, section, or other part of this Resolution shall be considered
unconstitutional, or invalid in part, such unconstitutional or invalid provision shall be considered
ineffective and will in no way affect the validity of the other provisions of this Resolution.
Section 7. This Resolution shall be effective immediately upon its passage and
adoption.
PASSED AND ADOPTED this ____ day of ____, 2026.
FINAL VOTE ON ADOPTION: Unanimous ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
EXHIBIT “A”
Facilities Amendment | Solid Waste Disposal and Recyclable Materials Processing Authority Page 1 of 25
FIRST AMENDMENT
TO INTERLOCAL AGREEMENT FOR
SOLID WASTE DISPOSAL AND RECYCLABLE MATERIALS PROCESSING AUTHORITY OF BROWARD
COUNTY, FLORIDA
This First Amendment (“Facilities Amendment”) to the Interlocal Agreement for Solid Waste
Disposal and Recyclable Materials Processing Authority of Broward County, Florida (“ILA”) is entered into
by and among Broward County, a political subdivision of the State of Florida (“County”), and the
municipalities in Broward County that formally approve this Amendment pursuant to the ILA’s terms and
return an executed signature page (each, individually, a “Municipal Party” and collectively, the “Municipal
Parties”) (collectively, the “Parties” and each individually a “Party”).
RECITALS
A. The Parties entered into the Interlocal Agreement for Solid Waste Disposal and Recyclable
Materials Processing Authority of Broward County, Florida (“ILA”) to form an independent special district
known as the Solid Waste Disposal and Recyclable Materials Processing Authority of Broward County,
Florida (“Authority”), which is charged with coordinating regional solid waste disposal and recycling
programs pursuant to Sections 163.01, 403.706(11), (12), (15), and (19), and 403.713, Florida Statutes.
B. The ILA became effective on August 16, 2023 (“ILA Effective Date”). It requires the
adoption of a Facilities Amendment within thirty-six (36) months of the ILA Effective Date as part of the
Formation Conditions. This Facilities Amendment, as defined in Section 3.3 of the ILA, is adopted pursuant
to that requirement.
C. Section 3.3 of the ILA provides that, to be effective, the Facilities Amendment must be
approved by the Broward County Board of County Commissioners and by the governing bodies of
municipalities representing at least eighty percent (80%) of the total population of the Municipal Parties
to the ILA.
D. As further described in Section 3.3 of the ILA, the purpose of the Facilities Amendment is
to: (i) provide long-term contingency plans for waste disposal; (ii) address the use and disposition of
Authority facilities and assets in the event of a Wind Down; and (iii) ensure the orderly and efficient
allocation of services during that process. The Facilities Amendment reflects lessons from the prior
regional solid waste system established in 1986 (the Broward Solid Waste Disposal District governed by
the Resource Recovery Board), which dissolved in 2013 and gave rise to asset disputes and litigation that
was eventually resolved by settlement in 2015. Through the Facilities Amendment, the Parties seek to
avoid similar conflicts by clearly defining procedures for the use and disposition of Authority assets.
E. Consistent with the purposes listed above, this Facilities Amendment is designed to protect
public funds and preserve investments in public infrastructure. The Facilities Amendment defines the
facilities the Authority may own and operate, establishes standards for open and accountable operation
of the System, and includes safeguards intended to keep the Parties’ costs fair, predictable, and aligned
Facilities Amendment | Solid Waste Disposal and Recyclable Materials Processing Authority Page 2 of 25
with the public interest. The Facilities Amendment also establishes a transparent, orderly Wind Down
procedure in which the Authority’s assets and liabilities are distributed to continue benefiting the public.
F. This Facilities Amendment does not alter, increase, or reduce the powers of the Authority
and, once effective, the ILA, as amended by this Facilities Amendment, may only be modified in
compliance with Article 16 of the ILA.
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties agree as follows:
1. The above Recitals are true and correct and are incorporated herein by reference. All capitalized
terms not expressly defined within this Facilities Amendment shall retain the meaning ascribed to such
terms in the ILA.
2. Article 2, entitled “DEFINITIONS” of the ILA, is hereby amended to add the following new defined
terms:
2.0.1 Authority Fund(s) means all monies and financial instruments held by or for the benefit of
the Authority, including, without limitation, funds derived from revenues, fees, charges, debt
proceeds, investment earnings, and sale proceeds. Authority Funds do not include Authority-
Owned Assets.
2.0.2 Authority-Owned Asset(s) means property owned by the Authority, including, without
limitation, real property or tangible property, whether used or unused, and any reserve funds
dedicated to such property. This term includes Authority-Owned Facilities but does not include
Authority Funds.
2.0.3 Authority-Owned Facility(ies) means any System Facility owned by the Authority and
operated as part of the System in relation to the management, collection, disposal, processing,
recycling, storage, or transfer of System Waste.
2.0.4 System Facility means any site, facility, or equipment, whether or not owned by the
Authority, that is operated for the management, collection, disposal, processing, recycling,
storage, or transfer of System Waste. This term includes, without limitation, any permanent drop-
off center, recycling facility, transfer station, or solid waste disposal facility that receives System
Waste. This term does not include real property not directly used for solid waste management,
recycling, or resource recovery purposes
3. The Parties agree that this document constitutes the Facilities Amendment as described in Section
3.3 of the ILA and includes the required provisions as stated therein, and therefore the requirements
contained Section 3.3 of the ILA are no longer operative.
4. Section 8.1.8 of the ILA is hereby amended as follows (with such deletions set as strikethroughs
and such additions set as underlines):
Facilities Amendment | Solid Waste Disposal and Recyclable Materials Processing Authority Page 3 of 25
8.1.8. To the extent permissible under applicable law and provided it does not interfere with
County’s ability to fulfill its statutory obligations, including under Section 403.706(1), Florida
Statutes, the Authority will have the power to provide disposal for Authority Solid Waste
generated in the Parties’ jurisdictions. The Authority is not granted the power to own or operate
a “solid waste disposal facility,” as that term is defined in Section 403.703, Florida Statutes (2022),
or sell or otherwise transfer an interest in such a facility, unless an amendment to this Agreement,
granting such power to the Authority and setting forth the limits and extent of such power, is
approved by the elected bodies of: (a) Municipal Parties representing at least two-thirds (2/3)
eighty percent (80%) of the total population of the Municipal Parties, and (b) County.
5. A new Article 20 entitled “AUTHORITY-OWNED FACILITIES: APPROVAL, LIMITATIONS ON
OWNERSHIP AND POST-WIND DOWN CONSIDERATIONS” is hereby added to read as follows:
ARTICLE 20. AUTHORITY-OWNED FACILITIES: APPROVAL, LIMITATIONS ON OWNERSHIP AND
POST-WIND DOWN CONSIDERATIONS
20.1 Purpose. The Parties wish to provide a framework for the responsible stewardship of
public infrastructure and to prioritize publicly owned transfer stations as critical assets that
support the System’s flexibility, address regional needs, and reduce costs for the public. The
Parties also seek to establish a structured pathway to enable the potential expansion to more
state-of-the-art public facilities in the future, if required and approved by the Parties pursuant to
the terms of the ILA.
20.2 Approved types of Authority-Owned Facilities. Notwithstanding anything to the contrary
in the ILA, the Authority has the power to own or operate the following without following the
procedure set forth in Section 8.1.8 of the ILA:
20.2.1 “Transfer Stations,” as defined in Section 403.703, Florida Statutes (2022);
20.2.2 “Permanent Drop-Off Centers,” meaning any permanent collection site or facility
primarily used for the lawful acceptance of System Waste from the public, that is not a
“solid waste disposal facility” as defined in Section 403.703, Florida Statutes (2022); and
20.2.3 “Recycling Facilities,” meaning any site, facility, or equipment primarily used for
recycling or recovering materials, including, without limitation, the collection,
transportation, separation, processing, or reuse of solid waste (or materials that would
otherwise become solid waste) in the form of raw materials or intermediate or final
products. This term is to be construed liberally to include, without limitation, any
recovered materials processing facilities, material recovery facilities, yard waste or
organics processing facilities, construction and demolition debris recovery facilities,
pulverizers, compactors, shredding and baling plants, composting facilities, other volume
reduction plants, biochar pyrolysis plants, organic anaerobic digesters, and other thermal,
mechanical, or biological conversion facilities. This term does not include any landfill,
Facilities Amendment | Solid Waste Disposal and Recyclable Materials Processing Authority Page 4 of 25
waste-to-energy facility, or other “solid waste disposal facility,” as defined in Section
403.703, Florida Statutes (2022).
Any Authority ownership or operation of any other type of “solid waste management facility,” as
defined in Section 403.703, Florida Statutes (2022), outside the scope of this Article 20, and not
approved through an amendment adopted pursuant to Section 8.1.8 of the ILA, constitutes a
material breach subject to the provisions of Articles 15 and 17 of the ILA, including injunctive relief
where appropriate.
20.3 Amendment related to other types of solid waste disposal facilities; requirements. If, in
the future, the Authority is granted the power to own or operate a “solid waste disposal facility”
pursuant to Section 8.1.8 of the ILA, the amendment granting that power must, in addition to the
requirements of that Section 8.1.8, also establish the rules, procedures, and funding mechanisms
for allocating amongst County, the Municipal Parties and any other municipalities the costs of any
capital expansion of a County-owned facility that may be required for County to meet its statutory
obligations in the event of a Wind Down if caused by the individual or collective action of the
Municipal Parties. The allocation of costs may include County paying all costs, the Municipal
Parties paying all costs, or a shared arrangement.
20.4 Other publicly owned System Facilities.
20.4.1 Nothing in this Facilities Amendment prohibits any individual Party from owning
or operating any “solid waste management facility,” as defined in Section 403.703, Florida
Statutes (2022), any Permanent Drop-Off Center, or any Recycling Facility.
20.4.2 The Authority may contract with any Party to receive services from, or obtain
access to, any System Facility owned or operated by that Party. In return, the Authority
may agree to a long-term commitment of System Waste to such System Facility or to any
other terms mutually agreed upon by the parties. These agreements may include
arrangements under which a Party constructs or acquires a System Facility for the
Authority’s benefit. However, unless the relevant contract expressly states otherwise, any
System Facility owned by an individual Party will not be considered an Authority-Owned
Facility and will remain the property of that Party upon Wind Down.
20.5 Public-private partnerships. The Authority may enter into public-private partnerships as
permitted by applicable law. Notwithstanding the foregoing, the Authority is prohibited from
entering into any public-private partnership that results in the Authority owning, in whole or in
part, any “solid waste disposal facility,” as defined in Section 403.703, Florida Statutes (2022),
unless the ILA is amended pursuant to Section 8.1.8 of the ILA.
20.6 Protection of Authority-Owned Facilities. Authority-Owned Facilities are held by the
Authority in trust for essential governmental and public purposes and are dedicated to the
provision of public solid waste and recycling services for the benefit of the Parties, their residents
or businesses. Except to the extent expressly pledged pursuant to a written agreement, or as
otherwise required under applicable law, Authority-Owned Facilities will not constitute general
Facilities Amendment | Solid Waste Disposal and Recyclable Materials Processing Authority Page 5 of 25
assets of the Authority, and all Authority obligations will be non-recourse to Authority-Owned
Facilities and payable solely from Authority Funds. No other creditor or claimant may levy upon,
attach, execute against, foreclose upon, encumber, or otherwise interfere with any Authority-
Owned Facility, and any entity that is not a Party to the ILA that contracts with or asserts a claim
against the Authority is deemed, to the fullest extent permitted by Florida law, to have waived
any right to receivership or injunctive relief affecting Authority-Owned Facilities. In the event of
Wind Down, the Authority’s outstanding obligations will be satisfied to the fullest extent possible
with Authority Funds.
6. A new Article 21 entitled “WIND DOWN OF AUTHORITY” is hereby added to read as follows:
ARTICLE 21. WIND DOWN OF AUTHORITY
21.1 Purpose. The Parties desire to ensure that the System remains intact and that investments
made in public infrastructure continue to serve public needs in the event of Wind Down. The
Parties hereby designate the following rules for Wind Down of the Authority, the orderly transfer
of services performed by the Authority, and the transfer of assets of the Authority to a successor
entity (or to County if County chooses to perform those services upon Wind Down subject to the
requirements set forth below) to benefit all Parties.
21.2 Schedule. The general schedule of Wind Down is illustrated in Table 1 below.
Table 1
Required Action
Day 45
Day 99 whether to transfer services to County or a successor entity
Day 150
Day 150 Party for its geographic jurisdiction, unless County or
Day 201
After Day 201 the Parties, uses the proceeds to pay remaining debts and
Facilities Amendment | Solid Waste Disposal and Recyclable Materials Processing Authority Page 6 of 25
days all transfers,
debts, and liabilities Certification and dissolution of the Authority.
Pursuant to this Article 21, the Authority will first pay its debts and liabilities from Authority Funds.
Next, once those debts and liabilities are paid, or such funds are exhausted, the Authority will
transfer title of any Authority-Owned Assets to the Parties pursuant and subject to Section 21.7
and Article 22. If an Authority-Owned Asset is not transferred to a Party, the Authority will sell
that asset. The Authority will use the sale proceeds to pay any remaining debts and liabilities.
Finally, the Authority will distribute any surplus sale proceeds and any remaining Authority Funds
among the Parties as provided below.
The running of any Wind Down deadline will not be tolled, suspended, delayed, or extended due
to the existence of any dispute, request for clarification, or pending arbitration or litigation, except
as expressly provided in this Section 21.2. Notwithstanding the foregoing, if the Executive Director
or the Authority fails to meet any Wind Down deadline that is applicable to the Executive Director
or the Authority, then any deadline applicable to the Parties that is expressly triggered by, or
cannot reasonably be performed without, timely completion of such missed obligation will be
automatically tolled for a period equal to the duration of such failure (measured from the missed
due date until the obligation is satisfied), and the Parties will not be deemed in default for the
resulting delay. The Wind Down schedule and all deadlines in this Article 21 are intended to
promote fairness, limit dispute, and ensure the orderly and continuous transfer of services and
Authority-Owned Assets during Wind Down, and are not intended to be punitive. Pending
resolution of any dispute, the Authority and all Parties will continue to perform in good faith and
proceed with Wind Down in compliance with this Facilities Amendment, and no tolling will apply
except as expressly provided above. For the avoidance of doubt, the Authority will not be
considered dissolved until certification pursuant to Section 21.8 below confirms that all Authority
obligations have been fully performed and satisfied.
21.3 Wind Down operations. During the Wind Down period, the Authority will continue to
operate solely for the limited purposes of concluding its affairs, preserving continuity of services,
and maintaining assets until such responsibilities are assumed by other entities. The Authority
may not accelerate or expand any contracts or enter into new contracts for goods or services that
are not required to perform the actions necessary for Wind Down. All actions related to the Wind
Down of the Authority will be overseen by the Executive Director and must be completed no later
than the applicable deadline specified in this Article 21, including the following:
21.3.1 Providing all Parties a final, comprehensive inventory of all Authority activities,
actions, assets, debts, and liabilities;
21.3.2 Liquidating, assigning, or otherwise lawfully disposing of Authority assets, debts,
and liabilities;
Facilities Amendment | Solid Waste Disposal and Recyclable Materials Processing Authority Page 7 of 25
21.3.3 Assigning all contracts necessary to ensure continuity of services being performed
by the Authority and concluding all contracts not necessary for such purpose; and
21.3.4 Transferring operational responsibility for System Waste management services,
recycling programs, and other services to the applicable Party(ies).
21.4 Executive Director’s Notice of Wind Down; inventory of assets. The Executive Director
will promptly begin the process of winding down the Authority’s operations, upon the occurrence
of any of the following events: the Parties fail to extend the ILA pursuant to Section 4.2.1 thereof;
the Authority is dissolved by court order; a petition for insolvency or assignment for the benefit
of creditors is filed, or any other action that requires or results in the dissolution of the Authority;
or the ILA expires or is terminated.
Upon beginning such process, the Executive Director will promptly issue a written “Notice of Wind
Down” to all Parties in compliance with the Notices section of the ILA. Within forty-five (45) days
after issuing the Notice of Wind Down, the Executive Director will provide all Parties a
comprehensive inventory of all Authority activities, actions, assets (including, without limitation,
any Authority-Owned Facilities and service contracts), physical address of such assets, reserve
funds, debts, and liabilities (“Comprehensive Inventory”).
21.5 Authority debt and liability. Pursuant to Article 12 of the ILA and Section 163.01(7)(b),
Florida Statutes, the Authority’s debts, liabilities, and obligations do not constitute the debts,
liabilities, and obligations of the Parties. Accordingly, the Authority will use the following process
to settle its own debts, liabilities, and obligations.
21.5.1 Use of Authority Funds to satisfy debt, liabilities, and obligations. Upon issuing the
Comprehensive Inventory to the Parties, the Executive Director will begin overseeing the
payment of the Authority’s debts, liabilities, and obligations. Subject to Section 6.9 of the
ILA, all outstanding debts, liabilities, and obligations of the Authority, including, without
limitation, accounts payable, contractual obligations, retirement liabilities, and any other
claims, will be satisfied using all available Authority Funds before any Authority-Owned
Assets are sold for that purpose. Regardless of the status of the payment of such debts,
liabilities, and obligations, the Authority will begin the Authority-Owned Asset distribution
process pursuant to Section 21.7 below. Only after asset distribution as described in
Section 21.7 is completed may the Authority satisfy any remaining debts, liabilities, and
obligations by selling Authority-Owned Assets that are not transferred to any Party and
using the proceeds as described in Section 21.7.1.6 below.
21.5.2 Bond-related debts. The Authority will resolve bond-related debts in accordance
with the applicable bond documents.
21.6 Transfer of services. The orderly transfer of services in the event of Wind Down is of
paramount concern to the Parties. Accordingly, the Parties hereby designate three (3) options for
transferring System Waste management services, recycling programs, and other services
previously administered by the Authority, each with its own method for dividing obligations and
Facilities Amendment | Solid Waste Disposal and Recyclable Materials Processing Authority Page 8 of 25
the manner by which the transfer or sale of Authority-Owned Assets occurs: (a) the standard
procedure where each Party provides services or contracts with third parties for the provision of
services within each Party’s geographic jurisdiction; (b) if County and sufficient Municipal Parties
agree, these services would be provided by County; or (c) if County and sufficient Municipal Parties
agree, these services would be provided by a successor entity.
The service transitions described in this section may proceed through interim operational
agreements, licensing arrangements, and assignment of contracted services, notwithstanding that
title transfer of Authority-Owned Assets may occur later pursuant to Section 21.7 below.
21.6.1 Standard procedure; transfer to Parties individually. No later than one hundred fifty
(150) days after the Notice of Wind Down is issued, each Party will become responsible for
the management of solid waste generated within that Party’s geographic jurisdiction (for
County, the unincorporated areas) and for determining how recycling and other services
previously administered by the Authority will be managed and provided, including by
establishing, maintaining, modifying, or discontinuing any programs or contracts it deems
appropriate. The Authority will cooperate with each Party, as the applicable Party may
agree, to:
21.6.1.1 Assign, amend, or novate relevant service agreements;
21.6.1.2 Transfer records, equipment, and other operational resources;
21.6.1.3 Provide support to facilitate continuity of service during the transition;
and
21.6.1.4 Provide each Party with a full accounting of the Authority’s customers,
service zones, and applicable infrastructure within each such Party’s geographic
jurisdiction (for County, the unincorporated area).
Each Party will be individually responsible for ensuring uninterrupted service to its
geographic jurisdiction (for County, the unincorporated area), and for securing or entering
into appropriate service agreements, upon the transition of services from the Authority.
All Authority-Owned Assets will be distributed pursuant to Section 21.7.1 of this Facilities
Amendment.
21.6.2 Alternate procedure; transfer to County. As an alternative to the standard
procedure described in Section 21.6.1 above, County and Municipal Parties representing
at least fifty-one percent (51%) of the Municipal Parties’ population and at least fifty-five
percent (55%) of the total tonnage of all of Broward County may agree, within 99 days
after issuance of the Notice of Wind Down, that County will assume operational
responsibility for all of the System Waste management services, recycling programs, and
other services previously administered by the Authority (the “SWA Services”) as follows:
Facilities Amendment | Solid Waste Disposal and Recyclable Materials Processing Authority Page 9 of 25
21.6.2.1 Within 60 days of after the Notice of Wind Down is issued, County
may issue a non-binding letter to the Municipal Parties indicating its interest to
provide the SWA Services (“Service Offer”);
21.6.2.2 If County issues a Service Offer, each Municipal Party may respond
in writing to indicate its non-binding acceptance or rejection of County’s Service
Offer; however, any Municipal Party that does not respond before the Board of
County Commissioners votes, as referenced in subsection (c) below, will be
deemed to have rejected County’s Service Offer;
21.6.2.3 The commencement date for County operational responsibility or
the SWA Services will be provided for in the agreement between County and each
of the applicable Municipal Parties; however, the commencement date may be
extended by written notice from the Executive Director should that date interfere
with other elements of Wind Down of the Authority; and
Upon receipt of County’s written notice that it will provide the services and
documentation of the relevant Municipal Parties’ agreement, (a) the Authority will
coordinate with County to transfer all operational functions, service contracts,
Authority-Owned Assets, other equipment, customer data, and financial resources
necessary to ensure an uninterrupted transition of the services to those Municipal
Parties; (b) the Authority will retain interim custody and continue operations of
those services until the transfer is effectuated; and (c) the Authority-Owned Assets
associated with the performance of such services will be transferred to County
pursuant to Section 21.7.2 below as part of the transition described above.
21.6.3 Alternate procedure; transfer to successor entity. As an alternative to the standard
procedure in 21.6.1 above, if, within 99 days after the issuance of the Notice of Wind
Down, both the Board of County Commissioners and municipal governing bodies
representing at least fifty-one percent (51%) of the total population of the Municipal
Parties and at least fifty-five percent (55%) of the total tonnage of Broward County,
establish or designate a successor entity to provide the SWA Services, the Authority will
cooperate with the successor entity to ensure continuity of operations, including, without
limitation, the transfer of the applicable contracts, assets, and liabilities to that successor
entity. The Authority will not transfer any such contracts, assets, or liabilities to a successor
entity unless such transfer has received formal approval by both the Board of County
Commissioners and the elected bodies of the requisite Municipal Parties. If the approvals
described above are obtained, the transfer of any Authority-Owned Assets to the
successor entity will proceed pursuant to Section 21.7.2 hereof.
21.7 Disposition of Authority-Owned Assets. During Wind Down, all Authority-Owned Assets
(including, without limitation, any Authority-Owned Facilities and reserve funds) will be
distributed as provided in this section and in a manner that ensures continued public benefit,
Facilities Amendment | Solid Waste Disposal and Recyclable Materials Processing Authority Page 10 of 25
honors the source and purpose of such funds and assets, and recognizes operational control and
jurisdictional authority over the related services.
Regardless of whether all available Authority Funds have been expended pursuant to Section
21.5.1 above, the Authority will work cooperatively with each recipient Party to undertake due
diligence and execute all necessary deeds, bills of sale, assignments, and other instruments to
lawfully effectuate the transfers described below, including, without limitation, provision for
maintenance, insurance, and replacement planning.
21.7.1 Standard procedure; transfer to Parties individually. Notwithstanding anything to
the contrary in in the ILA, if operational responsibility for the provision of System Waste
management services, recycling programs, and other services previously administered by
the Authority is not transferred to either County as provided in Section 21.6.2 above or a
successor entity as provided in Section 21.6.3 above, this Section 21.7.1 will govern the
disposition of Authority-Owned Assets and reserve funds.
21.7.1.1 Proposed asset offers. At any time after the issuance of the
Comprehensive Inventory, any Party may submit to the Executive Director a
written proposal identifying the Authority-Owned Asset(s) the Party asserts a right
to acquire, together with the factual and legal basis for that assertion under this
Facilities Amendment.
21.7.1.2 Asset offer process. On the one hundredth (100th) day after the
Notice of Wind Down is issued, and not earlier, the Executive Director will send
each Party a written offer listing the Authority-Owned Assets that the Party may
take ownership of (“Asset Offer”) pursuant to Section 21.7.1.4, below, subject to
the following procedures:
21.7.1.2.1 Each Party will review the Authority-Owned Assets and give
written notice of its decision to accept or decline ownership within fifty (50)
days after issuance of the Asset Offer. This deadline applies only to the
election to accept or decline. It does not apply to completing the legal
transfer. If a Party does not give written acceptance within fifty (50) days,
the Party is deemed to have declined the transfer.
21.7.1.2.2 After that fifty (50) day period ends, the Executive Director
will send County a second Asset Offer for all Authority-Owned Assets not
accepted by any Municipal Party. County has fifty (50) days after receipt to
accept or decline in writing.
21.7.1.3 Asset Offer; required contents. The Executive Director will include
the following information in each Asset Offer: (a) the location of the Authority-
Owned Asset; (b) the type of asset; (c) if applicable, the most recent System Facility
Report (defined below); (d) if applicable, the most recent permitting, licensing, or
other regulatory documents; (e) a statement of the operational and environmental
Facilities Amendment | Solid Waste Disposal and Recyclable Materials Processing Authority Page 11 of 25
condition of the Authority-Owned Asset; (f) any known liabilities associated with
the Authority-Owned Asset; (g) if applicable, a statement of the specific reserve
balances associated with the Authority-Owned Asset; (h) if known, an estimate of
the costs of any necessary repairs; and (i) any other documents in the Authority’s
possession related to the maintenance and status of the Authority-Owned Asset. If
any applicable, required content of an Asset Offer is omitted, the applicable Party’s
deadline to provide written notice of its decision to accept or decline ownership
will be tolled until the Authority provides such missing content.
21.7.1.4 Regional Assets. Notwithstanding anything else stated in this
Facilities Amendment, each Authority-Owned Asset listed below (each a “Regional
Asset”) will first be offered, subject to the provisions of Article 22, to County and
then, if not accepted by County, to Municipal Parties following the procedure
stated in Section 21.7.1.5 for non-Regional Assets:
21.7.1.4.1 any “solid waste disposal facility,” as defined in Section
403.703, Florida Statutes (2022) including, without limitation, any plant,
material property, or equipment associated with such facility;
21.7.1.4.2 any “transfer station,” as defined in Section 403.703, Florida
Statutes (2022), materials recovery facility, or property that County elects
to use in connection with County’s obligations under Section 403.706(1),
Florida Statutes;
21.7.1.4.3 any Authority-Owned Facility used for the management,
collection, disposal, processing, recycling, storage, or transfer of storm
debris that County elects to use in connection with County’s obligations
under Section 403.706(1), Florida Statutes; and
21.7.1.4.4 any non-monetary Authority-Owned Asset the ownership of
which was transferred from County.
Any election made by County pursuant to this section will automatically be
presumed valid if County provides a proposed asset offer pursuant to Section
21.7.1.1. above, subject to the dispute resolution process of section 17.1 of the ILA.
21.7.1.5 Authority-Owned Assets other than Regional Assets. For all non-
monetary Authority-Owned Assets that are not Regional Assets (and for Regional
Assets that County chooses not to exercise its first option pursuant to Section
21.7.1.2), that are, as of the date the Notice of Wind Down is issued, located within
the geographic jurisdiction of a Party (for County, the unincorporated areas), such
asset will be offered, subject to Article 22, to that Party. If such Authority-Owned
Asset is physically located within the geographic jurisdiction of more than one Party
(e.g., two (2) Municipal Parties or a Municipal Party and unincorporated Broward
County), such property will be first offered, subject to Article 22, to the multiple
Facilities Amendment | Solid Waste Disposal and Recyclable Materials Processing Authority Page 12 of 25
Parties for joint ownership by the applicable Parties; and if any such Party declines
the transfer, the asset will be offered, subject to Article 22 to the other Party (or
Parties) with geographical jurisdiction over the property. If all Parties to which an
asset is offered decline to accept the asset, the asset will then be offered, subject
to Article 22 to County and then to the other Municipal Parties.
21.7.1.6 Tangible Personal Property of the Authority. For such Authority-
Owned Assets that constitute tangible personal property (i.e., not real property or
Authority Funds), such as hauler vehicles or railcars, ownership will be allocated
among the Parties in a proportionate and equitable manner based on the
aggregate fair market value of such assets, taking into account both the number
and condition of the assets.
21.7.1.7 Notwithstanding the foregoing, any non-monetary Authority-
Owned Asset whose ownership was transferred to the Authority by a Municipal
Party or County will be returned to the originating Party at no cost.
21.7.1.8 The foregoing requirements will also apply to any Authority-Owned
Asset in which the Authority has an interest through a joint venture, public-private
partnership, or other joint ownership model.
21.7.1.9 If any Authority-Owned Asset may not be distributed to any of the
Parties in compliance with the procedures in this section due to requirements
contained in applicable bond or other secured debt instruments, the Executive
Director will provide the Parties with written notice as early as possible.
21.7.1.10 Any System Facility, or other element of the System, that is owned
in fee simple by a Municipal Party or by County will not be considered an Authority-
Owned Asset and will be retained by such Party.
21.7.1.11 Sale of Authority-Owned Asset(s) declined by the Parties; application
of sale proceeds. After the Authority-Owned Asset distribution process is
completed, any Authority-Owned Assets not transferred to a Party will be sold by
the Authority on commercially reasonable terms following a commercially
reasonable process. Nothing in this Facilities Amendment prohibits any Party from
participating in this process the same as any non-Party, and any acquisition
pursuant this process will not be subject to Article 22. The sale will be conducted
through a competitive process determined by the Executive Committee, unless the
Executive Committee, by a two-third (2/3) vote which must include County’s
representative, determines that an alternative process is appropriate,
commercially reasonable, and in the public interest. The Authority will apply the
net proceeds of any such sale first to satisfy any outstanding debts, liabilities, or
other obligations of the Authority associated with the sold asset and any remaining
unpaid debts, liabilities, and obligations of the Authority.
Facilities Amendment | Solid Waste Disposal and Recyclable Materials Processing Authority Page 13 of 25
21.7.1.12 Reserve funds; surplus Authority Funds and sale proceeds. Reserve
funds that are expressly designated for maintenance, repair, rehabilitation,
replacement, or closure of a specific Authority-Owned Asset, and that are not
expended pursuant to Section 21.5 above, will be transferred with the associated
asset if, and solely to the extent that, such asset is transferred to one or more of
the Parties. Such reserve funds will not transfer in connection with the sale of an
Authority-Owned Asset to any third party.
Any surplus proceeds and any remaining Authority Funds not expended to satisfy
the outstanding debts, liabilities, or other obligations of the Authority will be
distributed among the Parties on a pro rata basis based on the most recent
certified population estimates (for County, the unincorporated area) published by
the Bureau of Economic and Business Research – University of Florida or other
reasonable population data source selected by the Governing Board, subject to
Section 6.9 of the ILA.
21.7.2 Alternate procedure if Authority operations are transferred to County or successor
entity. Notwithstanding anything to the contrary in herein, if all of the SWA Services are
transferred to County or to a successor entity pursuant to Section 21.6.2 or 21.6.3 above,
the applicable Authority-Owned Assets (including, without limitation, Authority-Owned
Facilities) and reserve funds associated with the assumed services, assets, and facilities will
be transferred to the successor entity or to County, as applicable, and will not be subject
to Article 22 below.
21.8 Other distributions and transfers; certification of dissolution. During Wind Down, the
Executive Committee will act as a transition committee to oversee the final disposition of any
assets and other details of Wind Down not expressly addressed by this Facilities Amendment or
the ILA (including, without limitation, Section 6.9 thereof). Final disposition of any Authority-
Owned Asset or other unaddressed detail will require the affirmative vote of: (a) a majority of the
Municipal Parties’ representatives on the Executive Committee; and (b) County’s representative.
Resolutions of disputes will follow the procedures described in Article 17 of the ILA. Upon the
satisfactory completion of all Wind Down activities in compliance with the above and all applicable
law, the Executive Director, the Chair, and the Vice-Chair of the Executive Committee, and the
Chair and the Vice-Chair of the Governing Board, will certify in writing that all obligations have
been resolved. Upon execution of such certification, the Authority will be deemed dissolved and
all legal authority and operational responsibilities of the Authority will terminate.
7. A new Article 22 entitled “OBLIGATIONS OF THE PARTIES AFTER WIND DOWN” is hereby added
to read as follows:
ARTICLE 22. OBLIGATIONS OF THE PARTIES AFTER WIND DOWN
22.1 Purpose. The Parties wish to ensure that any Authority-Owned Asset distributed due to
the Authority’s Wind Down continues to serve a regional benefit after Wind Down. Accordingly,
the Authority will ensure that the obligations set forth in this Article 22 are incorporated into deed
Facilities Amendment | Solid Waste Disposal and Recyclable Materials Processing Authority Page 14 of 25
restrictions recorded at the time such property is transferred, and that such deed restrictions
clearly identify the Parties and any other entities that may enforce them.
22.2 Obligation to continue operations. To ensure that Authority-Owned Assets transferred to
a Party continue to serve a public purpose after Wind Down, each Party that exercises its right to
accept the transfer of an Authority-Owned Asset pursuant to Section 21.7.1.4 or 21.7.1.5 (“New
Owner”), accepts such asset subject to the beneficial ownership and rights of the Parties set forth
herein. Except as expressly provided for in this Article, the New Owner must operate each
transferred asset for its then-existing purpose, or a related purpose that the Authority was
authorized to perform or contract, for five years (“Transition Period”). If the transferred asset is
an Authority-Owned Facility, it must be operated for its then-existing purpose or a related solid
waste purpose during the Transition Period. The New Owner must operate or contract for the
operation of the asset responsibly and in a commercially reasonable manner during the Transition
Period. Nothing in this section prohibits the New Owner from expanding, improving, upgrading,
or modernizing the asset, or from adding compatible uses, provided that such actions do not
materially impair the asset’s ability to serve its existing purpose during the Transition Period. If, at
any time during the Transition Period, the New Owner elects to cease operating the asset for its
prior purpose or for a related solid waste purpose that the Authority was authorized to perform
or contract for, and instead elects to use it for a purpose unrelated to solid waste, the Transition
Period as to that asset will terminate and the New Owner must pay the value of or sell the asset
in accordance with the procedures stated in Section 22.4. The New Owner may at any time end
the Transition Period as to any asset that was transferred to it and pay the value of or sell the
asset in accordance with the procedures stated in Section 22.4. All Parties agree that any such
election will not be grounds for any claim of a fraudulent or improper transfer to the New Owner.
Except as expressly provided for in this Article, the New Owner will not sell, lease, or otherwise
transfer the asset during the Transition Period. For avoidance of doubt, this restriction does not
prohibit contracts for operation, maintenance, or management that do not convey any ownership
interest. Subject to the obligations in Section 22.3. below, and notwithstanding anything to the
contrary in any other provision of this Facilities Amendment, the New Owner will have final
authority to establish and modify rates, fees, and charges for services provided using the asset.
22.3 Obligation to provide fair fees to contributing Parties. To ensure that the Parties and their
residents and businesses receive a fair financial benefit from assets their residents or businesses
helped fund, the following applies to any New Owner that acquires an Authority-Owned Asset and
uses that asset to provide fee-based solid waste services:
22.3.1 If the Authority previously operated the asset in a manner that provides lower fees
to the Parties as compared to other users, the acquiring Party must continue a
substantially similar fee arrangement during the Transition Period to benefit the Parties.
22.3.2 If the Authority did not operate the asset to provide lower fees to the Parties as
compared to other users, but the Authority-Owned Asset was purchased or constructed
using funds directly contributed by the Parties or collected through special assessment or
Facilities Amendment | Solid Waste Disposal and Recyclable Materials Processing Authority Page 15 of 25
fees paid by the Parties or their residents or businesses, users receiving services for solid
waste generated within a Party’s jurisdiction will receive a credit against the fees charged
for use of the asset during the Transition Period. The amount of the credit will be
determined by the Authority’s independent auditor, on a pro rata basis based on each
Party’s documented capital contributions relative to the asset’s total capital cost, subject
to approval by the Executive Committee pursuant to Section 21.8 above. The credit may
be in the form of: (a) a uniform per-ton (or per-load) fee discount; (b) an annual service
credit applied to invoices; or (c) if (a) or (b) are not practical, such other benefit as
approved by the Executive Committee pursuant to Section 21.8 above that is consistent
with the findings of the Authority’s independent auditor. The credit will be applied to the
fees otherwise payable for use of the asset. Notwithstanding the foregoing, the annual
aggregate credit amount may not equal or exceed the acquiring Party’s annual cost to
operate the asset. In addition, no credit is required if the Authority’s independent auditor
determines that the aggregate annual benefit to all Parties and their residents or
businesses would be less than one percent (1%) of the aggregate annual fees otherwise
payable for services using the asset. If the New Owner fails to comply with subsection
22.3.1 or 22.3.2 above, the New Owner will have fifteen (15) days after written notice to
cure such noncompliance. Any cure will include retroactive refunds or credits, as
applicable, sufficient to place affected Contributing Parties and their residents or
businesses in the same financial position they would have been in had the required fees
or credits been properly applied when due. If the New Owner fails to cure within the
fifteen (15) day period, then the Parties may bring a dispute pursuant to Section 17.1 of
the ILA.
22.4 Obligation to Pay For Or Sell Asset Upon Expiration of Transition Period. At any time
during the Transition Period, but no later than the expiration or earlier termination of the
Transition Period, the New Owner will: (a) within 90 days after such election or expiration or
earlier termination, as applicable, pay to the other Parties the then-current fair market value of
the Authority-Owned Asset, taking into account the value of any reserve funds transferred by the
in connection with the Authority-Owned Asset, as determined by an MAI appraiser or another
appraiser with appropriate credentials and experience; or (b) promptly use its best efforts to sell
the asset through a commercially reasonable, competitive sales process consistent with the New
Owner’s then-existing regulations for the disposition of that Party’s property and in accordance
with applicable Florida law. The appraised value (if the New Owner elected to continue ownership)
or net sales proceeds (if the New Owner elected to sell the property), will be paid by the New
Owner to all Parties on a pro rata basis based on the most recent certified population estimates
(for County, the unincorporated area) published by the Bureau of Economic and Business
Research – University of Florida or other reasonable population data source selected by the New
Owner. Net sale proceeds will be the gross proceeds of the sale, less costs of sale and adjustments
for any credits or prorations at the closing.
8. A new Article 23 entitled “SYSTEM FACILITIES: INSPECTIONS, REPORTING, AND TECHNICAL
REVIEW” is hereby added to read as follows:
Facilities Amendment | Solid Waste Disposal and Recyclable Materials Processing Authority Page 16 of 25
ARTICLE 23. SYSTEM FACILITIES:
INSPECTIONS, REPORTING, AND TECHNICAL REVIEW
23.1 Purpose. The Parties recognize that solid waste and recycling services are essential public
functions that depend on many System Facilities, each of which takes years to plan and construct
and decades to fund, maintain, and operate through sustained collaboration. For that reason, the
Parties hereby establish the following framework to maintain a safe, resilient, and compliant
System that meets current and future needs, while reinforcing a strong, accountable, and
enduring collaboration among the Parties.
23.2 Inspection rights. Upon any Party’s written request to inspect any Authority-Owned
Facility, the Authority will provide such Party, and Party’s contractor(s), with access to the
applicable Authority-Owned Facility within a within a reasonable time after receiving such
request, provided that such access will not be unreasonably withheld, conditioned, or delayed.
The Authority may condition such access on the requesting Party and its contractor(s) executing
a reasonable release or indemnification agreement in favor of the Authority. The purpose of such
inspection is to evaluate the operation and condition of the Authority-Owned Facility, including
any equipment or infrastructure onsite. In addition, upon reasonable prior notice to the Authority,
any Party may observe, monitor, and verify compliance with Flow Control Ordinances and other
flow control obligations contained in the Master Plan or Article 11 of the ILA by tracking or
following Hauler vehicles while transporting System Waste to System Facilities, provided that such
observation will be conducted in a lawful manner, without interfering with Hauler operations, and
in coordination with any reasonable safety or security protocols established by the Authority or
the applicable System Facility operator. The Authority will cooperate in good faith with such
verification efforts and will, upon request, provide available routing, delivery, or scale data
reasonably necessary to confirm adherence to flow control requirements. The results of any
inspection or verification constitute a public record, subject to any applicable legal exemptions or
confidentiality restrictions.
23.3 System facility report. The Authority will ensure that the System can reliably manage all
System Waste it is obligated to handle, and can maintain continuity of service, by evaluating the
System Facilities’ and the System’s overall capacity and operational resiliency (each, a “System
Facility Report”). A System Facility Report may be conducted at any time. However, the Authority
must complete a System Facility Report within eighteen (18) months prior to the end of any Term
of the ILA and, to the extent practicable, within eighteen (18) months prior to the initiation of
Wind Down, in compliance with the following:
23.3.1 At a minimum, each System Facility Report will include:
23.3.1.1 System Facility capacity versus projected tonnage. A comparison of
constructed and permitted System Facilities’ capacity to projected System Waste
tonnage over a reasonable planning horizon. The System Facility Report will
identify any capacity shortfalls or constraints.
Facilities Amendment | Solid Waste Disposal and Recyclable Materials Processing Authority Page 17 of 25
23.3.1.2 Authority-Owned Facility conditions. For each Authority-Owned
Facility (whether or not operated by the Authority), an evaluation of its operational
condition and environmental status, including, at a minimum, structural
conditions; mechanical, electrical, and operational systems conditions; preventive
and corrective maintenance status; remaining useful life of major systems and of
each facility as a whole; and identification of any deferred maintenance or capital-
repair needs. The System Facility Report will also include an analysis of the
Authority’s operation of each Authority-Owned Facility, identifying any level of
throughput, collection, disposal, processing, recycling, storage, or transfer, as
applicable, that is below commercially reasonable levels when compared to such
facility’s design capacity, the capacity authorized by applicable permits and
licenses, or applicable industry standards.
23.3.1.3 Contracted facility capacity. Confirmation of the quantity, term, and
enforceability of all firm contracted capacity available through the System. The
System Facility Report will include a determination of whether such contracted
System Facility capacity satisfies projected System Waste needs.
23.3.1.4 Contingency services. An assessment of contingency System Waste
management services available to the Parties. The System Facility Report will
include alternative facilities, redundancy, emergency arrangements, and surge
capability for disaster debris or other extraordinary events.
23.3.2 Any System Facility Report used for Wind Down must contain information that is
no more than eighteen (18) months old at the time Wind Down begins. In addition, no
later than thirty-six (36) months before the end of any Term of the ILA, the Authority shall
begin the process of preparing the System Facility Report, including deciding whether it
will be prepared by Authority staff or a consultant and initiating any required procurement
process.
23.3.3 The Authority must ensure that the System Facility Report final document includes
concise findings and recommendations that are easily understood by a lay audience.
23.3.4 Within ten (10) days after completion, the Authority will provide each completed
System Facility Report to all Parties and publish it on the Authority’s public website.
The results of each System Facility Report will be used to supplement any Asset Offer issued during
Wind Down and may be used to inform, support, or evaluate any proposed amendment to the
Master Plan (including any amendment relating to System Facilities, contracted services, flow
control, or rate and fee structures).
23.4 County’s right to technical review of matters relating to its statutory obligation to
provide access to solid waste disposal capacity. To ensure County’s ability to meet its statutory
obligation to provide access to solid waste disposal capacity throughout the incorporated and
unincorporated areas of Broward County is not being impeded, County may, in County’s sole
Facilities Amendment | Solid Waste Disposal and Recyclable Materials Processing Authority Page 18 of 25
discretion and at County’s expense, retain an expert to conduct audits, inspections, interviews, or
evaluations related to System performance, capacity, compliance, planning, and future needs
(each, a “County Technical Review”), as set forth below.
23.4.1 Scope of review. A County Technical Review may only address: (a) Authority
operations at any Authority-Owned Facility; (b) the sufficiency of Authority plans,
forecasts, and assumptions to meet projected solid waste management needs over a
reasonable planning horizon; (c) vendor performance, the Authority’s contract
administration, and cost controls affecting the System; and/or (d) matters that have, or
may in the future have, a material impact on County’s statutory obligation to provide
access to solid waste disposal capacity.
23.4.2 Authority cooperation. The Authority will cooperate fully with any County
Technical Review. The Authority will provide County and County’s expert reasonable
access, during normal business hours and upon reasonable notice, to all relevant records,
data, contracts, reports, and other documents. The Authority will also provide reasonable
access to Authority-Owned Facilities and other locations under the Authority’s control
used for System purposes. The Authority will make Authority personnel available for
interviews and reasonable information requests.
23.4.3 Recommendations; Governing Board presentation. County may present the results
of a County Technical Review and any recommended corrective actions or other measures
(“County Recommendations”) to the Governing Board. If County elects to present County
Recommendations, the Governing Board will hear the presentation within sixty (60) days
after County’s request to present, subject to the following procedures:
23.4.3.1 The Governing Board will vote to approve, approve with
modifications, or reject County Recommendations no later than thirty (30) days
after the presentation.
23.4.3.2 If the Governing Board approves County Recommendations, or
approves them with modifications, the Authority will implement them within the
time stated.
23.4.3.3 If the Governing Board does not approve any County
Recommendation that relates to County’s ability to meet its statutory obligations
contained in Section 403.706(1),F.S. (or does not hear such County
Recommendations or vote within the time required above), County may invoke the
informal dispute resolution process under Section 17.1 of the ILA and, if not
resolved, through that procedure, County may submit the dispute to binding
arbitration.
23.4.4 Arbitration; standard of review. The standard of review in arbitration is whether,
based on the totality of circumstances, the Authority has reasonably fulfilled its obligations
for the services it has undertaken or agreed to provide by satisfying the following criteria
Facilities Amendment | Solid Waste Disposal and Recyclable Materials Processing Authority Page 19 of 25
in a manner that does not materially impair County’s ability to meet any of its statutory
solid waste management obligations:
23.4.4.1 All standards and required levels of service stated in the Master
Plan, as may be amended in accordance with the terms of the ILA; and
23.4.4.2 For any service the Authority has agreed or is obligated to perform,
a level of service sufficient to:
23.4.4.2.1 Meet the Parties’ current and reasonably projected needs
for System Waste management in full compliance with all applicable laws,
permits, industry standards; and
23.4.4.2.2 Ensure the continuous management of all System Waste and
any other solid waste lawfully accepted into the System, including its
transfer, processing, recycling, and disposal, and to secure prompt
substitute services in the event of an emergency, disaster, or facility
shutdown consistent with reasonable contingency planning practices.
23.4.4.2.3 Temporary interruptions resulting from prudent repair and
maintenance activities, or as a result of force majeure (i.e., an event beyond
the Authority’s reasonable control) will not be deemed a failure to meet
this standard. Notwithstanding the foregoing, a material interruption
caused by inadequate planning, staffing, resourcing, contracting,
preventive maintenance, other operational oversight, willful or negligent
action or omission, or lack of reasonable diligence will constitute a failure
to meet the standard.
23.4.4.3 Each of the foregoing requirements constitutes an enforceable
contractual obligation of the Authority. The arbitrator(s) will have full authority to
order and direct the Authority to perform such obligations and to award any relief
authorized by law or equity in connection with the dispute, including, without
limitation, relief available under Articles 15 and 17, including Section 17.5, of the
ILA; provided, however, that the arbitrator(s) may not impose on the Authority any
new obligations not otherwise imposed by applicable law, require the Authority to
undertake the performance of any services not part of the Master Plan (as may
have been amended pursuant to the provisions of the ILA), or to require the
planning, financing, or construction of new Authority-Owned Facilities.
23.4.5 Selection of arbitrators. County and the Authority will mutually agree on an
arbitrator. If County and the Authority are unable to agree to a single arbitrator, County
and Authority will each select an arbitrator, and the two arbitrators will select a third
arbitrator. Costs of arbitration will be shared on an equal basis between County and the
Authority.
Facilities Amendment | Solid Waste Disposal and Recyclable Materials Processing Authority Page 20 of 25
23.4.6 Reservation of rights. County’s exercise of its rights under this Section 23.4, or
County’s decision not to exercise such rights in any instance, will not be deemed a waiver
of any right or remedy of County under the ILA or applicable law. No waiver will be deemed
effective unless in writing and signed by County.
9. A new Article 24 entitled “MAXIMUM SERVICE CHARGES” is added to the ILA to read as follows:
ARTICLE 24. MAXIMUM SERVICE CHARGES
24.1 Purpose. The Parties agree that cost control and transparency are essential to the long-
term success of the System, and that no Party should face material rate increases without clear
notice and broad consensus. Accordingly, the Parties hereby establish the following procedures
to protect affordability, prevent sudden cost increases, and provide the Parties additional
resources to manage System-related costs.
24.2 Limitation on service charges; Master Plan amendments impacting costs.
24.2.1 Maximum service charges. In no event will the amounts paid by any Party, or by
any Party’s residents or businesses, for initial services identified in the Master Plan that
are provided by, or through, the Authority exceed the maximum amounts set forth in the
Master Plan (the “Maximum Service Charges”). The Maximum Service Charges for those
services may be increased only in accordance with the index or other adjustment
mechanism stated in the Master Plan or established by the Governing Board upon
adoption of the Master Plan, which index or adjustment mechanism must merely address
customary annual cost adjustments for provided services as well as adjustments
occasioned by emergencies or circumstances outside the control of the Authority (the
“Adjustment Index”).
24.2.2 Master Plan amendments increasing costs. Any amendment to the Master Plan or
adoption of a replacement Master Plan is a “Cost Increase Amendment” if it would: (a)
increase costs to the Parties or their residents or businesses above the Maximum Service
Charges for the initial services, as modified by the Adjustment Index; (b) change, replace,
or modify the Adjustment Index; or (c) provide for new service or technology that would
increase the cost paid by any Party or that Party’s residents or businesses above the
Maximum Service Charges (as modified by the Adjustment Index).
24.2.3 Cost Increase Amendment procedures. A Cost Increase Amendment is effective
only if approved in compliance with the following process. First, the Executive Committee
must recommend approval of the Cost Increase Amendment by majority vote, including
the affirmative vote of County’s representative. Second, at a meeting of the Governing
Board held at least forty-five (45) days after the Executive Committee’s vote, the Cost
Increase Amendment must be approved by: (a) the members of the Governing Board
representing Municipal Parties comprising at least two-thirds (2/3) of the total population
of the Municipal Parties; and (b) County’s representative to the Governing Board.
Facilities Amendment | Solid Waste Disposal and Recyclable Materials Processing Authority Page 21 of 25
24.3 Facility and service price review. As an exhibit or appendix to the Master Plan, the
Authority will provide a required process by which the Authority periodically retains a qualified
expert with experience in solid waste and recyclable materials pricing and market analysis to
conduct a rate and fee competitiveness study. The results of such study may be used to inform,
support, or evaluate any proposed amendment to the Master Plan or service agreement, including
any adjustment to rates, fees, Maximum Service Charges, or other pricing provisions.
10. Section 6.2.4. entitled “Approvals” is hereby amended to include new language (as provided by
underlines) as follows:
6.2.4. Approvals. Subject to Sections 6.8 and 7.1, the Governing Board may take official
action only if: there is a quorum; the action is supported by an affirmative vote of a majority of
the representatives present that are eligible to vote; and the action is also supported by the
affirmative vote of members representing a majority of the Broward Tonnage of those members
that are present and eligible to vote. Alternate members of the Governing Board will count
towards quorum only when they are serving as voting members.
11. Section 6.5.1. entitled “Quorum” is hereby amended to include new language (as provided by
underlines) as follows:
6.5.1. Quorum. A quorum of the Governing Board will be a majority of the total voting
members, provided that the members comprising the quorum must represent at least one-half
(1/2) of the Broward Tonnage. With respect to the Executive Committee, a quorum will be a
majority of the total members voting members, provided that the members comprising the
quorum must represent at least one-half of the Broward Tonnage of those Municipal Parties that
are members of the Executive Committee. A quorum of the TAC will be a majority of the total
voting members of TAC. Unless otherwise authorized by the Governing Board, the Executive
Committee, or the TAC, as applicable, a quorum is determined on the basis of physical attendance.
If there is a quorum, all members may vote regardless of whether they are attending the meeting
physically or via remote conferencing technology.
12. The reference to Section 6.2.3, in Section 7.1.2.2 entitled “Adoption of Other Amendments to
Master Plan,” is hereby corrected to read “Section 6.2.4.”
13. All other provisions of the ILA remain in full force and effect.
14. Facilities Amendment Effective Date; Counterparts and Multiple Originals. This Facilities
Amendment will be deemed effective on the first business day after it has been executed by: (i) Municipal
Parties representing eighty percent (80%) of the population of the Municipal Parties to the ILA; and (ii)
County (“Facilities Amendment Effective Date”). The Facilities Amendment may be executed in multiple
originals, and may be executed in counterparts, whether signed physically or electronically, each of which
shall be deemed to be an original, but all of which, taken together, shall constitute one and the same
agreement. Notwithstanding the foregoing, this Facilities Amendment shall not become effective unless
the Governing Board has first adopted a Master Plan in full compliance with the ILA. The Facilities
Amendment does not alter, increase, or reduce the powers of the Authority and, once effective, may only
Facilities Amendment | Solid Waste Disposal and Recyclable Materials Processing Authority Page 22 of 25
be modified in compliance with Article 16 of the ILA. The Facilities Amendment may be executed in
multiple originals, and may be executed in counterparts, whether signed physically or electronically, each
of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the
same agreement.
IN WITNESS WHEREOF, the Parties hereto have made and executed this Facilities Amendment on
the respective dates under each signature on behalf of each Party to this Facilities Amendment, signing
by and through its Mayor or Vice-Mayor, authorized to execute same by action of its elected body.
[SIGNATURE PAGES OF PARTIES TO FOLLOW]
Facilities Amendment | Solid Waste Disposal and Recyclable Materials Processing Authority Page 23 of 25
FIRST AMENDMENT
TO INTERLOCAL AGREEMENT FOR
SOLID WASTE DISPOSAL AND RECYCLABLE MATERIALS PROCESSING AUTHORITY OF BROWARD
COUNTY, FLORIDA
MUNICIPAL PARTY
MUNICIPALITY: _________________
ATTEST: By:
MUNICIPAL MAYOR
_______________________________
MUNICIPAL CLERK Print Name
_____ day of __________, 20___
I HEREBY CERTIFY that I have approved this
Agreement as to form and legal sufficiency
subject to execution by the parties:
Municipal Attorney
Facilities Amendment | Solid Waste Disposal and Recyclable Materials Processing Authority Page 24 of 25
FIRST AMENDMENT
TO INTERLOCAL AGREEMENT FOR
SOLID WASTE DISPOSAL AND RECYCLABLE MATERIALS PROCESSING AUTHORITY OF BROWARD
COUNTY, FLORIDA
COUNTY
ATTEST: BROWARD COUNTY, by and through
its Board of County Commissioners
By: ____________________________ By: ____________________________
Broward County Administrator, as Mayor
ex officio Clerk of the Broward County
Board of County Commissioners ____ day of ______________, 20__
Approved as to form by
Andrew J. Meyers
Broward County Attorney
115 South Andrews Avenue, Suite 423
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
By____________________________
Attorney’s Name (Date)
Senior Assistant County Attorney
By____________________________
Attorney’s Name (Date)
Deputy County Attorney
Facilities Amendment | Solid Waste Disposal and Recyclable Materials Processing Authority Page 25 of 25
FIRST AMENDMENT
TO INTERLOCAL AGREEMENT FOR
SOLID WASTE DISPOSAL AND RECYCLABLE MATERIALS PROCESSING AUTHORITY OF BROWARD
COUNTY, FLORIDA
JOINDER BY AUTHORITY
By affirmative vote of the Governing Board of the Authority, signing by and through its Chair or Vice-
Chair, the Authority hereby joins in this Facilities Amendment and further agrees to be bound by all
terms, conditions, and obligations stated herein that apply to the Authority.
Signed: _____________________
Print Name: _________________
Title: _______________________
Date: ______________________
EXECUTIVE SUMMARY OF FACILITIES AMENDMENT
Major sections of the Facilities Amendment are summarized below:
1. Section 2 of the Facilities Amendment, defines “Authority Funds,” “Authority-Owned
Assets,” “Authority-Owned Facilities,” and “System Facilities,” distinguishing money
from physical assets and facilities.
2. Section 5 of the Facilities Amendment creates a new ARTICLE 20 entitled
AUTHORITY-OWNED FACILITIES: APPROVAL, LIMITATIONS ON OWNERSHIP AND
POST-WIND DOWN CONSIDERATIONS
a. Authorizes Limited Types of Authority-Owned Facilities without further
amendment of the ILA, the Authority may own/operate:
i. Transfer stations
ii. Permanent drop-off centers
iii. Broadly defined recycling and recovery facilities (but not landfills or
waste-to-energy plants).
b. Any ownership of other “solid waste management facilities” without proper
ILA amendment is a material breach.
c. Confirms individual Parties can still own and operate their own facilities and
contract with the Authority.
3. Section 6 creates a Detailed Wind Down Framework in a new Article 21.
a. Establishes triggers for Wind Down (e.g., ILA expiration, court dissolution,
insolvency).
b. Sets a Wind Down schedule (notice on Day 0, inventory by Day 45,
decision on successor by Day 99, asset offers starting Day 100, Party
service responsibility by Day 150, completion within 365 days).
c. Confirms Authority debts/liabilities remain those of the Authority alone;
they are first paid from Authority Funds, then from sale of any remaining
assets.
d. Provides three options for post-Wind Down service provision:
i Standard Procedure: each Party takes responsibility for its own solid
waste and recycling services.
ii Alternate Procedure: transfer to County, if County and Municipal
Parties representing at least fifty-one percent (51%) of the Municipal
Parties’ population and at least fifty-five percent (55%) of the total
2
tonnage of all of Broward County agree, County assumes all Authority
services.
iii Transfer to a successor entity: if County and Municipal Parties
representing at least fifty-one percent (51%) of the Municipal Parties’
population and at least fifty-five percent (55%) of the total tonnage of
all of Broward County approve a new or designated successor entity,
successor entity assumes all Authority services.
e. Lays out a detailed asset disposition process:
i Parties may propose claims to assets.
ii Structured “Asset Offers” to Parties:
- First round to County for “Regional Assets” and to Municipal
Parties for non-Regional Assets.
- Second round to County for non-Regional Assets not claimed by
Municipal Parties and to Municipal Parties for Regional Assets
not claimed by County.
- Remaining assets are sold commercially; proceeds used to pay
remaining debts, then distributed to Parties.
iii “Regional Assets” (e.g., disposal facilities, key transfer stations,
storm debris facilities, and assets originally owned by County) are
first offered to County.
iv Non-regional assets (e.g., drop-off centers, recovered materials
processing facilities, pyrolysis, composting, yard waste processing,
etc.) are first offered to the Party in whose jurisdiction they sit (or to
multiple Parties for joint ownership if geographically shared).
v Tangible personal property (vehicles, equipment) is allocated fairly
based on value and condition.
vi Assets originally contributed by a Party are returned to that Party at
no cost.
vii Reserve funds tied to a particular asset transfer with that asset (to
Parties, not to third-party buyers).
viii Any remaining Authority Funds or surplus sale proceeds are
distributed to Parties pro rata by population.
f. If all services are transferred to County or a successor entity, related
assets and reserves go with that entity and are exempt from post-Wind
Down restrictions in Article 22.
4. Section 7 creates a new Article 22 that Imposes Post-Wind Down Obligations on
Parties receiving Authority-Owned Assets.
3
a. Assets transferred to a Party (“New Owner”) carry deed restrictions:
i For five years (“Transition Period”), the New Owner must operate the
asset for its existing or a related solid waste purpose, run it
responsibly, and generally may not sell or transfer it (other than
operational contracts).
ii Fee obligations:
- If the Authority previously gave Parties discounted rates at the
facility, the New Owner must maintain substantially similar
discounts during the Transition Period.
- If the facility was funded with Party-contributed money or
assessments, the New Owner must provide pro rata fee credits
to users from the contributing Parties, subject to limits so
credits do not exceed the asset’s operating cost and are not
required if the financial benefit is de minimis.
b. Early or end-of-Transition Period exit. At any time during or at the end of
the Transition Period, the New Owner must either:
i Pay other Parties the fair market value (FMV) of the asset (with
reserves considered), as set by a qualified appraiser; or
ii Sell the asset via a competitive, lawful process and distribute net
proceeds pro rata by Party population.
c. These obligations are enforceable via deed restrictions and ILA dispute
procedures.
5. Section 8 of the Facilities Amendment creates Inspection, Reporting, and Technical
Review Framework in a new Article 23.
a. Parties may request and obtain inspections of Authority-Owned Facilities,
subject to reasonable conditions.
i Parties may monitor compliance with flow control by observing
haulers and obtaining routing/scale data.
b. The Authority must periodically prepare “System Facility Reports” will
include at a minimum:
i Facility capacity vs. projected tonnage.
ii Condition and environmental status of each Authority-Owned
Facility, including deferred maintenance and throughput vs. design
capacity and industry standards.
iii Contracted capacity sufficiency.
iv Contingency capacity (backup facilities, disaster debris, etc.).
4
c. Reports must include clear, lay-friendly findings, be distributed to Parties,
and be posted publicly. They inform Wind Down Asset Offers and Master
Plan amendments.
d. County may commission and pay for its own “County Technical Reviews”
(audits, inspections, analyses) concerning matters relating to its statutory
obligation to provide access to solid waste disposal capacity:
i Authority operations at Authority-Owned Facilities.
ii Planning and capacity to meet future needs.
iii Vendor performance, contract administration, cost control.
iv Any matter materially affecting County’s statutory duty to provide
access to disposal capacity.
e. If the Governing Board rejects County’s technical recommendations
related to County’s statutory obligations, County may use informal
dispute resolution and, if needed, binding arbitration. Arbitrators can
order the Authority to meet its contractual service standards but cannot
force new services or new facility construction.
6. Section 9 of the Facilities Amendment creates a new Article 24 that Imposes
Maximum Service Charge Protections.
a. Establishes “Maximum Service Charges” for initial Authority-provided
services, as defined in the Master Plan.
b. Charges may only exceed those maximums through:
i The Master Plan’s predetermined index/adjustment mechanism for
normal cost growth and emergencies, or
ii A formally adopted “Cost Increase Amendment.”
c. A “Cost Increase Amendment” is any Master Plan change that:
i Raises costs above Maximum Service Charges (as adjusted),
ii Modifies the adjustment index, or
iii Adds new cost-increasing services/technologies for Parties or their
residents.
d. Cost Increase Amendments require:
i Executive Committee majority, including County’s affirmative vote;
then;
ii Second, at a meeting of the Governing Board held at least forty-five
(45) days after the Executive Committee’s vote, the Cost Increase
Amendment must be approved by:
5
(a) the members of the Governing Board representing Municipal
Parties comprising at least two-thirds (2/3) of the total
population of the Municipal Parties; and
(b) County’s representative to the Governing Board.
e. The Master Plan must include a periodic, expert-conducted rate/fee
competitiveness study to inform pricing and amendments.
7. Sections 10, 11 and 12 of the Facilities Amendment provide clarification on Quorum
requirements for the Governing Board, Executive Committee and TAC and Corrects a
cross reference in Section 7.1.2.2 from 6.2.3 to 6.2.4.
8. The Facilities Amendment becomes effective on the first business day after
execution by:
a. Municipal Parties representing at least 80% of the Municipal Party
population; and
b. Broward County.
c. Does not take effect unless the Governing Board has already adopted a
Master Plan as required by the ILA.
d. Does not change the Authority’s powers; any future changes require
compliance with ILA Article 16.
FIRST AMENDMENT
MUNICIPALITY: _________________
ATTEST: By:
MUNICIPAL MAYOR
_______________________________
MUNICIPAL CLERK Print Name
_____ day of __________, 20___
I HEREBY CERTIFY that I have approved this
Agreement as to form and legal sufficiency
subject to execution by the parties:
Municipal Attorney
Plan smart. Recycle more. Waste less.2
Shaping Broward’s Waste Future: A Unified Path Toward Zero Waste
Broward County stands at a pivotal moment in its environmental and public service evolution. As one of the most
populous and diverse counties in the State of Florida, we are both uniquely challenged and uniquely positioned
to lead in the transition to a more sustainable, efficient, and equitable solid waste and recycling system. This
Regional Solid Waste and Recycling Master Plan is not merely a strategic roadmap—it is a bold declaration of our
collective intent to rethink how we value, manage, and ultimately reduce waste across all 31 municipalities, with
28 participating, along with Broward County, through our new Interlocal Agreement. The Master Plan also stands
as a recognition that there were some important lessons learned after the expiration of the prior Resource
Recovery System, most importantly, the benefits to working together rather competing against each other.
The creation of the Solid Waste and Recyclable Materials Processing Authority of Broward County is a testament
to the foresight and leadership of our elected officials and community stakeholders. After more than a decade
of fragmentation, the formation of the Authority reestablishes a much-needed regional governance framework—
one that allows us to leverage economies of scale, manage the variability of market conditions, coordinate
investments in new infrastructure, harmonize policies, and speak with a unified voice when facing statewide and
national policy challenges including preemption and circularity.
Historically, Broward County has embraced innovation, from early investments in recycling programs to public-
private partnerships in disposal and processing. But those successes, while important, are no longer sufficient.
Today’s waste challenges are far more complex and far-reaching. Climate change, supply chain instability, limited
public land, the rising cost of disposal, community interest in environmental impacts, and an urgent need to
reduce greenhouse gas emissions all compel us to act decisively. Landfill space is finite, and disrupting the
status quo is required to meet the needs of our growing population and economy.
This Master Plan, developed in collaboration with expert consultants, technical advisors, and local stakeholders,
reflects a comprehensive, data-driven vision for the next 40 years. It is centered around a singular but
transformative goal: Zero Waste approach. Achieving that goal will require more than new technology or facilities.
It requires a cultural shift toward minimizing waste at the source, maximizing beneficial reuse and recycling, and
fundamentally rethinking how materials move through our economy—from product design to end-of-life.
To that end, the Plan outlines strategic actions across several key areas:
• Reducing waste generation through education, behavior change, procurement reform, and
incentives for circular economy practices.
• Expanding recovery and recycling with source-separated organics, construction and demolition
(C&D) recovery programs, and mandatory recycling ordinances.
• Strengthening infrastructure by optimizing existing assets while identifying new facility needs for
transfer, processing, and disposal over the long term.
• Improving governance and financial sustainability via flow control mechanisms, assessment
models, and regional policy harmonization.
• Promoting environmental protection to ensure historically burdened communities benefit from
cleaner operations, improved access to services, and meaningful participation in decision-making.
Plan smart. Recycle more. Waste less.3
Public outreach and stakeholder engagement were central to the development of this plan. Community
feedback, environmental impact considerations, and an emphasis on multilingual, inclusive education efforts
are embedded throughout the recommendations. We recognize that lasting transformation requires trust,
transparency, and long-term collaboration across all sectors—government, private industry, non-profits,
schools, and residents.
We also acknowledge that technology alone will not solve these challenges. Behavioral change—across
households, businesses, and institutions—is essential. The system we envision empowers every resident
and visitor to participate meaningfully, supported by consistent messaging, accessible services, and a
commitment to continuous improvement.
This Master Plan is a living document. It will be regularly updated to reflect emerging trends, legislative
changes, technological advancements, and lessons learned through implementation. But its foundational
principles, environmental stewardship, operational excellence, regional cooperation, and
public accountability—are enduring.
On behalf of the Solid Waste Authority’s Executive Committee, staff, and consultant team, I extend sincere
gratitude to the many individuals and organizations who contributed their time, ideas, and passion to this effort.
Your input has made this plan stronger, more grounded in community values, and more responsive
to the challenges ahead.
I invite you to not only read this Master Plan but to engage with it. The path to Zero Waste is ambitious,
but it is attainable. Together, we can build a solid waste and recycling system that is cleaner, smarter,
and more just — for today and for generations to come.
Sincerely,
Todd Storti
Executive Director, Solid Waste and Recyclable Materials Processing Authority of Broward County
BOTTOM LINE
Plan smart. Recycle more. Waste less.4
Broward County stands at a pivotal moment in its environmental stewardship.
As one of the most populous and diverse counties in the State of Florida, we
are uniquely positioned to lead in the transition to a more sustainable and
efficient solid waste and recycling system. The Regional Solid Waste and
Recycling Master Plan outlines a bold strategy to manage and reduce waste
generated by the residents, businesses, and visitors through the creation of
the Solid Waste Disposal and Recyclable Materials Processing Authority of
Broward County (Authority).
The Authority engaged a consultant team comprised of SCS Engineers,
Arcadis, Resource Recycling Systems, and Mercury to prepare the Master
Plan to develop a strategy to meet the State’s ambitious 75% recycling goal
and to guide the Authority over a 40-year planning horizon.
Shaping Broward County:
A Path To Zero Waste
The Master Plan uses a Zero Waste lens to help Broward County meet or exceed Florida’s 75% recycling goal. It
emphasizes education and engagement to change behaviors to minimize waste generation, while maximizing
the beneficial use of waste stream components to decrease the quantity of waste disposed in a landfill. Other
success factors include: leverage economies of scale to increase bargaining power, harmonizing services to remove
ambiguity and confusion, and adopting innovative technologies and approaches to optimize waste management
practices. While Zero Waste is the long-term vision, success also depends on each waste generator to do their part
to responsibly manage the more than 5 million tons of waste generated currently in Broward County.
39%75%
1. Behavior Change
2. Economies of Scale
3. Harmonize Services
4. Waste Diversions
5. Innovative Technologies
APPROACH GOALNOW
A Path To Zero Waste
Solid Waste Authority of Broward County | Structure
Plan smart. Recycle more. Waste less.5
29
Governing Board
Representatives
11
Executive Committee
Representatives
on the Governing Board
29
ILA Members
Through an Interlocal Agreement (ILA), the Authority is comprised of Broward County and 28 of the 31
municipalities, and is represented with 29 Governing Board seats and 11 Executive Committee members.
Who We Are
Broward County SWA | Governance Structure Overview
Single-Family Multi-Family Commercial
Non-Residential CustomersResidential Customers
Governing Board
Executive Committee
Executive Director Authority Counsel
Industrial
Large Members Medium Members Small Members
NOTE: The population estimates are based on the 2023 Broward County and Municipal Population Forecast and Allocation
Model, published by the Broward County Planning and Development Management Division.
Project Background
Plan smart. Recycle more. Waste less.6
Population & Waste Generation
Population
1,973,579
1,006,428 tons
CertifiedM SW Recycled
482,028 tons
Non-CertifiedM SW Recycled
Recycling Rate
2,880,491 tons
MSW Landfilled
527,638 tons
MSW Waste-to-Energy
4,896,585 tons
Total MSW Collected
1,488,456 tons
Total MSW Recycled
Source: 2023 FDEP Report Final Disposition of Municipal Solid Waste
Population & Waste Generation
Population & Disposition of Municipal Solid Waste (2023)
Broward County has a population approaching 2 million residents, which is expected to grow by nearly 20% to more
than 2.4 million residents over the 40-year planning horizon. There is a direct relationship between population and
waste generation, and in 2024, nearly 4.9 million tons of municipal solid waste was generated in Broward County,
which is projected to increase by more than 33% to approximately 7.2 million tons of municipal solid waste over the
40-year planning horizon. In 2024, only 29% of the total waste stream was recycled—well below the state’s 75%
goal. Most waste still ends up in landfills, with a smaller portion processed through a waste-to-energy facility. This
highlights the urgent need for a more unified, efficient, and sustainable regional system.
30%
MI
L
L
I
O
N
S
Project Background
Plan smart. Recycle more. Waste less.7
Broward County –
Waste Generation
in 2065
Sunrise: 380,000
Southwest Ranches: 28,000
Sea Ranch Lakes: 1,000
Plantation: 344,000
Pembroke Park: 43,000
Parkland: 124,000
Oakland Park: 166,000
North Lauderdale: 124,000
Miramar: 495,000
Margate: 209,000
Lighthouse Point: 32,000
Lazy Lake: 100
Lauderhill: 248,000
Lauderdale-
by-the-Sea:
19,000
Lauderdale
Lakes: 101,000 Hollywood: 554,000
Hillsboro Beach: 7,000
Fort Lauderdale: 800,000
Deerfield Beach: 299,000
Davie: 370,000
Dania Beach: 136,000
Coral Springs: 435,000
Cooper City: 108,000
Tamarac: 250,000
West Park: 41,000
Weston: 202,000 Coconut Creek: 279,000Wilton Manors: 50,000
Broward County –
Waste Generation
in 2025
Sunrise: 281,000
Southwest Ranches: 23,000
Sea Ranch Lakes: 1,000
Plantation: 269,000
Pembroke Park: 19,000
Parkland: 103,000
Oakland Park: 122,000
North Lauderdale: 111,000
Miramar: 358,000
Margate: 155,000
Lighthouse Point: 28,000
Lazy Lake: 100
Lauderhill: 207,000
Lauderdale-
by-the-Sea:
18,000
Lauderdale
Lakes: 92,000 Hollywood: 399,000
Hillsboro Beach: 6,000
Fort Lauderdale: 500,000
Deerfield Beach: 253,000
Davie: 282,000
Dania Beach: 87,000
Coral Springs: 353,000
Cooper City: 94,000
Tamarac: 195,000
West Park: 37,000
Weston: 180,000 Coconut Creek: 161,000Wilton Manors: 31,000
Population & Waste Generation
Waste Generation in 2025
Expected Waste Generation in 2065
The following charts present the projected waste generation tonnage contributed by the County and each
municipality in 2025 and in 2065.
Broward County
Waste Generation
in 2025
5,318,693
Estimated Total
Tons
Broward County
Expected
Waste Generation
in 2065
7,217,634
Estimated Total
Tons
Project Background
Plan smart. Recycle more. Waste less.8
Solid Waste Classification by Material
Residential
Commercial
In 2023, Broward County conducted a waste characterization study of the residential and commercial sectors. The
study revealed that a majority of the waste generated can be recycled or beneficially used with increased public
participation, innovative programing, and existing technology—well below the state’s 75% goal. Despite this, most
waste generated today ends up in landfills, with a smaller portion processed through a waste-to-energy facility. This
highlights the urgent need for a more unified, efficient, and sustainable regional system.
Project Background
Plan smart. Recycle more. Waste less.9
Existing Facilities | Type & Locations
Existing County, municipal, and private solid waste processing and disposal facilities located throughout Broward
County make up the current solid waste system. The name, general location of each facility, and waste stream
materials accepted for processing and/or disposal are presented below. There is ample existing infrastructure for
the Authority to leverage to better manage the waste generated within the County. However, there is limited in-
County disposal capacity.
Parkland
Coconut
Creek Deerfield Beach
Coral Springs Margate
Pompano Beach
Lighthouse
Point
Tamarac North
Lauderdale
Lauderdale-
by-the-Sea
Sea
Ranch Lakes
Oakland Park
Wilton Manors
Fort Lauderdale
Lauderdale
Lakes
Lauderhill
Sunrise
Plantation
Weston
Davie
Dania
Beach
SeminoleTribe of Florida
Hollywood
Southwest
Ranches
Cooper City
Southwest
Ranches
Pembroke Pines
Miramar
Hallandale
Beach
Pembroke
Park
West Park
West Park
Lazy Lake
Hillsboro Beach
Landfill & Waste to Energy Facilities
Material Recovery Facilities
Drop Off Center
Transfer Stations
Monarch Hill Landfill
Broward County South RRF
Broward County Landfill
Coral Springs Waste Transfer Drop-off
WCF Deerfield Beach R&T
WM Recycling Deerfield
All County Waste Recycling
Coastal Waste & Recycling #4
WM Recycling Pompano (Sun 2)
Panzarella MRF
Envirocycle
WM Recycling Dania Beach (Sun 3)
Pembroke Park R&T
Reuter Recycling of Florida
Coastal Nineteen MRF
WM Davie Transfer Station
WM Recycling Oakes Road (Sun 14)
Broward County North Drop-off Center
Oakland Park Residential Tires Drop-off Center
Broward County Central Drop-off Center
Broward County South Drop-off Center
Deerfield Beach Main Recycling Drop-off
Monarch Hill Landfill
Coral Springs Waste Transfer Drop-off
WCF Deerfield Beach R&T
WM Recycling Deerfield
All County Waste Recycling
Coastal Waste & Recycling #4
WM Recycling Pompano (Sun 2)
Panzarella MRF
Broward County North Drop-off Center
Oakland Park Residential Tires Drop-off Center
Deerfield Beach Main Recycling Drop-off
Materials Accepted
1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8
South Broward Resource Recovery Facility
Broward County Landfill
Envirocycle
WM Recycling Dania Beach (Sun 3)
Pembroke Park R&T
Reuter Recycling of Florida
Coastal Nineteen MRF
WM Davie Transfer Station
WM Recycling Oakes Road (Sun 14)
Broward County Central Drop-off Center
Broward County South Drop-off Center
1 Class I Waste 2 Class III Waste 3 C&D 4 White Goods 5 Yard Trash 6 Clean Debris 7 Recyclable Materials 8 HHW/E-Waste/Tires/Food Waste/Organics
NOTES: "Class I Waste" means solid waste that is not hazardous waste, and that is not prohibited from disposal in a lined landfill under rule 62-701.300, F.A.C.
"Class III Waste" means yard trash, construction and demolition debris, processed tires, asbestos, carpet, cardboard, paper, glass, plastic, furniture other than appliances, or other materials approved by the Department, that are not expected to produce leachate
that poses a threat to public health or the environment.
NOTES: “Class I Waste” means solid waste that is not hazardous waste, and that is not prohibited from disposal
in a lined landfill under rule 62-701.300, F.A.C. “Class III Waste” means yard trash, construction and demolition
debris, processed tires, asbestos, carpet, cardboard, paper, glass, plastic, furniture other than appliances, or other
materials approved by the Department, that are not expected to produce leachate that poses a threat to public
health or the environment.
Planning Framework
Plan smart. Recycle more. Waste less.10
Key Policies
Guiding Principles
Environmental & Growth Management Compliance
01
Long-term Disposal Solution
02
Commercially-Proven Technologies
03
Control Your Solid Waste Management Destiny
05
Operational Excellence06
Harmonization of Services County-wide07
Zero Waste Focus
04
Best Value Service08
Plan smart. more.less.
Guiding Principles
Key Policies
The following guiding principles were developed to frame the analysis.
With the exception of “Control Your Solid Waste Management Destiny”,
which was prioritized to reflect the importance of collaboration,
leveraging innovation, and shared investment to achieve long-term
stability, the others are presented in no particular order.
The Executive Committee established the following
policy direction to guide the development of the Master Plan.
Maximize use of existing infrastructure
01
Enact annual assessment to recover
the full cost of services
02
Apply reasonable buffers from residential properties
03
40-year planning horizon
05 Consider mandatory approaches to commercial
recyclables and construction and demolition debris
04
Key Policies
Planning Framework
Plan smart. Recycle more. Waste less.11
Future Needs and Options
As part of developing the Master Plan, the consultant team evaluated and modeled the composition and volumes
of waste estimated to be generated over the planning horizon and evaluated the types of commercially-proven
technologies that could manage the waste stream towards achieving the 75% recycling goal. While a range of options
and scenarios were explored, the Authority selected Scenario A which prioritizes waste reduction and prevention,
maximizes the beneficial use of waste stream components, and leverages existing public and private waste
management infrastructure within Broward County as a starting point. The following framework serves as the
foundation for the recommendations outlined below.
Planning Framework
Plan smart. Recycle more. Waste less.12
Strategic Priorities For Advancing The Master Plan
Behavior Change • Develop an education and outreach plan that supports
behavior change.
• Set clear, measurable milestones and standardize
reporting across municipalities.
• Build consensus and execute a communications
strategy for residents and businesses.
Economies of Scale • Leverage regional collaborations to reduce costs and
improve service delivery.
• Streamline operations for more predictable and
efficient waste management.
• Pursue joint procurement and shared services to
maximize savings.
Leverage Existing
Infrastructure
• Maximize the use of and upgrade existing facilities to
support new technology.
• Increase residential drop-off centers for hard-to-recycle
and hazardous materials.
• Expand beneficial recovery of construction debris, yard
trash, and food waste.
Harmonize Services • Standardize minimum curbside collection practices and
services across municipalities to increase access and
participation.
• Build consensus among ILA members to align services
with the Master Plan goals.
• Develop regional service standards that ensure quality
efficiency, and accountability.
Through the development of the Master Plan, the following four strategic priorities emerged as critical success factors.
Planning Framework
Plan smart. Recycle more. Waste less.13
Selected Scenario
Implementing the Master Plan focuses on a robust
education program to reduce the amount of waste
generated while improving solid waste resources
management following collection. Scenario A initially calls
for utilizing existing infrastructure, and the future integrated
solid waste management system may require building or
expanding recycling centers, organics processing sites,
drop-off centers, and transfer stations, along with securing
new landfill capacity for materials that can’t be recycled and
to enhance resiliency when faced with natural disasters. Any
new facilities identified in Scenario A are envisioned to be
developed to meet an emerging need over the next 20 to
40 years, and are essential to increase recycling from the
current 39% to a projected rate of 62%.
· Restore Curbside Recycling Services to all Broward County
Communities
· Add segregated Curbside Yard Trash Collection
· Add Food Waste Drop-Off Events
· Add Permanent Household Hazardous Waste/Electronics/
Recycling Drop-Off Sites
· Add reduction, reuse, and diversion programs and policies
· Harmonize collection services to increase efficiency
Programs
· 3 Transfer Stations (North, South, Central Broward County)
· 1 Landfill/Long-term Disposal
· 2 Single- Stream Material Recovery Facilities (250,000 TPY each)
· 2 New Organics Processing Campuses with:
- 2 Mulch/ Colorizing Operations (175,000 TPY each)
- 1 New Biochar Pyrolysis operation (30,000 TPY)
· 8 Permanent Drop-Off Centers (2,400 TPY each)
· 2 C&D Recovery Facilities (450,000 TPY each)
Additional Facility Needs and Capacity of Each Facility - Tons Per Year (TPY)
Capacity CapEx/ Annual OpEx/ Processing Fee Aggregated
Description Qty (TPY/Facility) Facility Facility ($/Ton) ($/Ton /Facility)
Scenario A
Projected Diversion Rate 62%
2,700,000
Transfer Stations 3
Landfills 1
Single-Stream MRFs (Materials Recovery Facility) 2
Organics Processing Campus 2
Mulch 2
Biochar 1
Drop-Off Centers 8
C & D (Construction & Demolition) Recovery Facilities 2
Planning Framework
Plan smart. Recycle more. Waste less.14
Policies and Ordinances:
•Harmonize minimum curbside waste collection set-
out standards.
•Expand single-stream recycling access.
•Require yard trash to be recycled.
•Enact a mandatory C&D recycling ordinance.
•Enact a mandatory commercial recycling
ordinance.
•Develop additional residential drop-off centers for
hard-to-recycle and hazardous materials.
•Explore food waste collection options and impacts.
•Implement supporting policies and actions.
Education, Outreach, and Communications Plan:
•communications and outreach program.
•to deliver waste and recycling-related
information.
•Partner with a wide range of stakeholders to increase engagement
with their networks.
•in multiple ways via a
combination of approaches.
•to better engage with
residents.
•
•as outreach hubs.
Recommendations In addition to the Facilities and Programs included in Scenario A, the Master Plan
recommends a range of policies and legislative actions, education, outreach, and
communication strategies, innovative technology adoption, and organics management
initiatives to unify communities, engage the residents, businesses, and visitors.
Planning Framework
Plan smart. Recycle more. Waste less.15
•Deploy guidance to all ILA Members to
and delivery to a facility for beneficial processing.
(i.e., mulching, composting)
•Develop requirements and regulatory underpinnings
for the
•Work with ILA Members, Authority committees, and
community stakeholders on future residential and
commercial food waste diversion programs.
Innovative Technologies Adoption:
•Develop overarching strategies for new technology
implementation within the Authority’s control.
•Adopt a preference for autonomous processes and
continuous improvement utilizing AI, blockchain,
Web 3.0, and Internet of Things (IoT).
•Implement a management system that utilizes a common
network of tools that maximizes cross-platform
compatibility, reporting, and connectivity.
•Establish a Technology Needs Committee to research and
provide recommendations on overarching strategies,
technologies to pursue, and schedule of implementation.
Plan smart. Recycle more. Waste less.16
Next Steps for the Master Plan | Key Actions Timeline Q3 2025 – Q1 2028
Master Plan
Submitted to
the Executive
Committee
Adoption of the
Master Plan and
Facilities Amendment
Ordinance &
Policy
Development
Strategic
Procurements
Development
2025 2026
Q3 Q4 Q1 Q2
Master Plan submitted to the Executive Committee
Feb. 2 - Prepare a detailed financial plan and Facilities Amendment
Feb. 20 - Executive Committee recommends Master Plan and Facilities Amendment
Mar. 20 - Governing Board adopts Master Plan and Governing Board recommends Facilities Amendment
Mar. 23 - Adopted Master Plan and Recommended Facilities Amendment sent to the ILA Members
July 21 - Deadline for the ILA Members to approve the Master Plan and Facilities Amendment
Financial Framework Development (Tip Fee Surcharge & Assessment)
Legal processes and steps needed for approval
Residential Curbside Recycling Processing RFP – Prepare and issue an RFP for one or more qualified Materials
Recovery Facility (MRF) operators to receive, sort, and market curbside residential recyclable materials
Mandatory Commercial Recycling Ordinance – Initiate stakeholder process, legal vetting, adoption
C&D Recycling Ordinance – Initiate stakeholder process, legal vetting, adoption
The following near-term next steps include to accept the Master Plan, further develop the financial framework, develop and
adopt key policies and ordinances, secure flow control, and develop solicitations to uniformly manage and beneficially use
valuable portions of the waste stream.
2027 2028
Q2Q3 Q3Q4 Q4Q1 Q1
Feb. 2 - Prepare a detailed financial plan and Facilities Amendment
Feb. 20 - Executive Committee recommends Master Plan and Facilities Amendment
Mar. 20 - Governing Board adopts Master Plan and Governing Board recommends Facilities Amendment
Mar. 23 - Adopted Master Plan and Recommended Facilities Amendment sent to the ILA Members
July 21 - Deadline for the ILA Members to approve the Master Plan and Facilities Amendment
Financial Framework Development (Tip Fee Surcharge & Assessment)
Residential Curbside Recycling Processing RFP – Prepare and issue an RFP for one or more qualified Materials
Recovery Facility (MRF) operators to receive, sort, and market curbside residential recyclable materials
Residential Yard Trash Processing RFP – Prepare and issue an RFP for third-party operator(s)
to receive, grind, and compost or mulch residential vegetative waste (i.e., yard trash)
Mandatory Commercial Recycling Ordinance – Initiate stakeholder process, legal vetting, adoption
Long-Term Disposal for Residential and Commercial RFP
– Prepare and issue an RFP for a third party or parties to
provide adequate long-term disposal capacity (e.g.,
transfer stations, waste-to-energy, landfill) to meet the
needs of the Authority
C&D Recycling Ordinance – Initiate stakeholder process, legal vetting, adoption
8 Regional Drop-Off Centers
– Begin phased development
to target 3–4 cities each
City of Dania Beach
City Clerk Memorandum
DATE: 5/12/2026
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Elora Riera, MMC, City Clerk
SUBJECT: Approval of Resolution - Calling for the General Municipal Election - November 3,
2026
Request:
To request the resolution calling for the General Municipal Election to be held on Tuesday,
November 3, 2026 for the purpose of electing two City Commission seats to serve for four-year
terms.
Background:
The City Charter (Part VI, Registrations and Elections, Article 1, Elections, Sec. 3, Calling an
Election) requires that all elections shall be called by resolution of the City Commission.
Budgetary Impact
There is no budgetary impact for candidate only municipal elections held in conjunction with
Broward County.
Recommendation
To approve the resolution calling for the General Municipal Election to be held on Tuesday,
November 3, 2026 for the purpose of electing two City Commissioners to serve four-year terms.
RESOLUTION NO. 2026-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, CALLING FOR THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026, FOR THE
PURPOSE OF ELECTING TWO CITY COMMISSIONERS TO SERVE FOUR
YEAR TERMS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That candidates for Office of the City Commission of the City of Dania
Beach, Florida, for the vacancies occurring in office pursuant to the Charter of the City of Dania
Beach, shall file such papers and pay such fees as required with the City Clerk of the City of
Dania Beach between noon on June 8, 2026, through noon on June 12, 2026.
Section 2. That a general election relating to such municipal offices shall be held in
the City of Dania Beach, Broward County, Florida, on Tuesday, November 3, 2026, in
conjunction with the General Election to be held in Broward County, Florida.
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 become effective 10 days after adoption.
on ______________________, 2026.
Motion by __________________________, second by ___________________________.
FINAL VOTE ON ADOPTION: Unanimous ____
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
RESOLUTION NO. 2010-____ 2
ATTEST:
City of Dania Beach
Public Services Memorandum
DATE: 5/12/2026
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager
Fernando J. Rodriguez, Public Services Director
SUBJECT: REQUEST TO APPROVE A CCNA WORK ORDER TO WGI, INC. FOR
PROFESSIONAL ENGINEERING SERVICES – CITY HALL ROOF
IMPROVEMENT
Request:
The Public Services Department (PSD) respectfully requests approval of a Work Order (WO) to
WGI, Inc., including Exhibit A (Consultant Proposal), to provide professional architectural and
structural engineering services for the City Hall Roof Improvement Project.
Background:
The City Hall facility, constructed in 1978–1979, includes approximately 31,500 square feet of
roofing distributed across nine roof sections. The existing roofing system has reached the end of
its useful life and requires replacement.
The City intends to replace the entire roof system and requires professional engineering services
to perform the necessary condition assessment, design, permitting support, and construction
phase services.
WGI, Inc. has submitted a proposal dated March 16, 2026, to provide professional architectural
and engineering services for the City Hall Roof Improvement Project.
The scope of work is varied and includes professional architectural and engineering services
such as roof condition assessment, preparation of construction documents, wind load analysis,
mechanical and electrical coordination for rooftop equipment, permitting support, construction
phase services including shop drawing review, field observations, and project closeout
assistance.
The total not-to-exceed cost of the WO, including Exhibit A, is $131,000.00, as defined in the
executed WO package. Construction costs associated with the roof replacement are not included
in this proposal and will be addressed under a separate procurement process.
The WO package incorporates WGI’s proposal dated March 16, 2026, as Exhibit A, which
defines the full scope of services, schedule, and fee. The scope and cost presented in this
memorandum are consistent with and derived directly from the executed WO package, with no
changes to scope, terms, or compensation.
Budgetary Impact
Funding for this WO will be appropriated from Grant Account No. 103-18-65-519-31-10 in the
amount of $131,000.00. Upon approval, a budget transfer will be processed in the amount of
$131,000.00 from Grant Account No. 103-18-65-519-63-10 into 103-18-65-519-31-10.
Recommendation
PSD recommends approval of the WO from WGI, Inc., for professional architectural and
engineering services for the City Hall Roof Improvement Project in an amount not to exceed
$131,000.00.
RESOLUTION NO. 2026-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING PROFESSIONAL ARCHITECTURAL
AND ENGINEERING SERVICES PROVIDED BY WGI, INC. FOR THE CITY
HALL ROOF IMPROVEMENT PROJECT IN AN AMOUNT NOT TO
EXCEED ONE HUNDRED THIRTY-ONE THOUSAND DOLLARS
($131,000.00); AUTHORIZING THE CITY MANAGER TO EXECUTE A
WORK ORDER PURSUANT TO THE CITY’S CONTINUING CONTRACT
FOR PROFESSIONAL ENGINEERING SERVICES; PROVIDING FOR
FUNDING; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
the City Hall building, originally constructed in 1978–1979, serves as a
critical municipal facility for the City of Dania Beach; and
the existing City Hall roof system has reached the end of its useful life and
requires evaluation, design, and replacement to ensure structural integrity, weather protection, and
compliance with current Florida Building Code and wind load requirements; and
the Public Services Department (PSD) requested professional architectural
and engineering services to assess existing conditions, prepare design and construction
documents, coordinate rooftop mechanical and electrical considerations, and provide
construction-phase services for the City Hall Roof Improvement Project; and
WGI, Inc. is a qualified professional architectural and engineering firm with
demonstrated experience in municipal facilities and has previously provided professional services
to the City of Dania Beach; and
the City has an existing Continuing Contract for Professional Engineering
Services with WGI, Inc., pursuant to applicable procurement requirements, allowing the City to
issue project-specific work orders without further competitive solicitation; and
WGI, Inc. submitted a revised proposal dated March 16, 2026, to provide
pre-design, design, mechanical and electrical coordination, and construction-phase services for
the City Hall Roof Improvement Project, for a total not-to-exceed fee of One Hundred Thirty-One
Thousand Dollars ($131,000.00), which proposal is intended to be attached hereto as Exhibit “A”
and incorporated herein by reference; and
RESOLUTION #2026-_____ 2
WHEREAS, the revised proposal reflects additional technical scope refinement, including
rooftop equipment tie-down design, electrical coordination, and expanded construction-phase
services identified during project development; and
WHEREAS, the Public Services Department has reviewed WGI’s proposal and
determined that the proposed scope of services and fee are fair, reasonable, and in the best interest
of the City; and
WHEREAS, sufficient funds are available within the approved budget to support this
expenditure for professional engineering 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 hereby authorizes the City Manager, or
designee, to execute a Work Order with WGI, Inc. pursuant to the City’s Continuing Contract for
Professional Engineering Services, to provide professional architectural and engineering services
for the City Hall Roof Improvement Project, in an amount not to exceed One Hundred Thirty-One
Thousand Dollars ($131,000.00).
Section 3. That funding for this Work Order will be appropriated from Grant Account
No. 103-18-65-519-31-10 in the amount of $131,000.00. Upon approval, a budget transfer will be
processed in the amount of $131,000.00 from Grant Account No. 103-18-65-519-63-10 into 103-
18-65-519-31-10.
Section 4. That the City Manager, or designee, is hereby authorized to execute any
and all documents and take any actions reasonably necessary to implement this Resolution.
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 ten (10) days after passage and
adoption.
SIGNATURES ON THE FOLLOWING PAGE
RESOLUTION #2026-_____ 3
PASSED AND ADOPTED on __________________, 2026.
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: 5/12/2026
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager
Fernando J. Rodriguez, Public Services Director
SUBJECT: AUTHORIZATION TO EXECTUE CONSTRUCTION PHASE LOCAL
AGENCY PROGRAM (LAP) AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION FOR THE NW 1ST STREET
COMPLETE STREETS / PEDESTRIAN CONNECTIVITY PROJECT
Request:
The Public Services Department (PSD) requests the City Commission’s approval to execute the
revised Construction Phase Local Agency Program (LAP) Agreement with the Florida
Department of Transportation (FDOT) for the NW 1st Street Complete Streets / Pedestrian
Connectivity Project, Financial Project Number (FPN) 443949-1-58/68-01. The original
agreement submitted to the City by FDOT and approved by the Commission in March was not
the correct document. The correct agreement is being submitted for approval
Background:
Pursuant to Resolution No. 2024-030, the City Commission authorized the initial Local Agency
Program (LAP) Agreement with FDOT, formally initiating the NW 1st Street Complete Streets /
Pedestrian Connectivity Project and securing funding for the design phase.
Subsequently, pursuant to Resolution No. 2025-056, the City Commission approved an
agreement with Kimley-Horn and Associates, Inc., in the amount of $428,288.46, to complete
design services in accordance with FDOT LAP requirements. The project has progressed through
design and coordination in compliance with FDOT standards and can now move into the
construction phase.
FDOT originally issued a Construction Phase LAP Agreement which was the incorrect
document, thereby requiring that the item be resubmitted to the City Commission for approval.
Budgetary Impact
The total estimated project cost is $4,841,937.00 with FDOT participation under the
Construction Phase LAP Agreement in an amount not to exceed $2,641,937.00. The required
City local contribution is $1,734,931.00.
Funding for the construction phase shall be provided in accordance with the LAP Agreement and
is subject to annual budget appropriation by the City Commission. Funding for the project is
currently budgeted as follows:
• $2,641,937 from the Florida Department of Transportation Local Agency Program (LAP)
under Financial Project Number (FPN) 443949-1-58/68-01
• $200,000 from the General Account, which will be reimbursed through LAP grant proceeds
• $2,000,000 to be allocated from the Stormwater fund
An additional $2,000,000 is being allocated from the Stormwater fund to incorporate drainage
improvements into the project while major construction will already be underway. Completing
the drainage work concurrently with the project will reduce future disruptions and help avoid
additional construction costs in future years.
The LAP Agreement operates as a reimbursement program. Under this structure, the City will
initially fund construction expenditures and submit eligible costs to FDOT for reimbursement in
accordance with LAP requirements.
The City remains responsible for:
• The required local match
• Any costs exceeding FDOT participation
• Any costs determined to be ineligible under LAP guidelines
Recommendation
The Public Services Department recommends that the City Commission authorize execution of
the Construction Phase Local Agency Program (LAP) Agreement with the Florida Department of
Transportation for the NW 1st Street Complete Streets / Pedestrian Connectivity Project (FPN
443949-1-58/68-01), in an amount not to exceed $2,641,937.00 in terms of FDOT’s participation
(contribution) and authorize the required City local contribution.
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A CORRECTED LOCAL AGENCY PROGRAM (LAP)
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FOR CONSTRUCTION PHASE FUNDING
FOR THE NW 1ST STREET COMPLETE STREETS / PEDESTRIAN
CONNECTIVITY PROJECT FROM BRYAN ROAD TO STATE ROAD 5 / US-
1; ACCEPTING FDOT FUNDING IN AN AMOUNT NOT TO EXCEED TWO
MILLION SIX HUNDRED FORTY-ONE THOUSAND NINE HUNDRED
THIRTY-SEVEN DOLLARS ($2,641,937.00.00); REIMBURSABLE
GENERAL FUND APPROPRIATION OF TWO HUNDRED THOUSAND
DOLLARS ($200,000.00) AUTHORIZING THE CITY’S REQUIRED LOCAL
CONTRIBUTION IN THE AMOUNT OF TWO MILLION DOLLARS
($2,000,000.00); ATTACHING THE LAP AGREEMENT AS EXHIBIT “A”;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
DATE.
pursuant to Resolution No. 2021-018, the City Commission affirmed its
participation in the NW 1 Street from Bryan Road to State Road 5 / US-1 Complete Streets project
and committed to administer and deliver the project in accordance with the Local Agency Program
(LAP) requirements; and
pursuant to Resolution No. 2024-030, the City Commission authorized the
initial Local Agency Program (LAP) Agreement with the Florida Department of Transportation
(FDOT) for the NW 1st Street Complete Streets / Pedestrian Connectivity Project, thereby
formally initiating the project and securing funding for the design phase; and
pursuant to Resolution No. 2025-056, the City Commission approved an
agreement with Kimley-Horn and Associates, Inc., in the amount of Four Hundred Twenty-Eight
Thousand Two Hundred Eighty-Eight Dollars and Forty-Six Cents ($428,288.46) to perform design
services in accordance with FDOT LAP requirements; and
he design phase has progressed in compliance with applicable FDOT LAP
standards and the project is now prepared to advance to construction; and
FDOT had previously submitted an incorrect Construction Phase LAP
Agreement for the NW 1st Street Complete Streets / Pedestrian Connectivity Project (Agreement);
and
2 RESOLUTION #2026-
WHEREAS, the Agreement was approved by the Commission in March, but is being
resubmitted for approval with a funding provision in an amount not to exceed Two Million Six
Hundred Forty-One Thousand Nine Hundred Thirty-Seven Dollars ($2,641,937.00) for eligible
construction and Construction Engineering and Inspection (CEI) services; and
WHEREAS, the Construction Phase Local Agency Program (LAP) Agreement requires the
City to provide a local contribution, and the City has identified funding in an amount not to exceed
Two Million Dollars ($2,000,000.00) to support the construction phase of the project, including
associated drainage improvements; and
WHEREAS, the City Commission finds that acceptance of the Construction Phase LAP
funding is in the best interest of the City and its residents, as it advances pedestrian safety, ADA
accessibility, corridor connectivity, multimodal transportation, and drainage improvements along
NW 1st Street.
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
incorporated herein by this reference.
Section 2. The City Commission hereby approves and authorizes the execution of the
Construction Phase Local Agency Program (LAP) Agreement with the Florida Department of
Transportation, Financial Project Number 443949-1-58/68-01, in an amount not to exceed Two
Million Six Hundred Forty-One Thousand Nine Hundred Thirty-Seven Dollars ($2,641,937.00),
which agreement is attached hereto and incorporated herein as Exhibit “A.”
Section 3. That funding for the construction phase which includes CEI services shall
be provided in accordance with the LAP Agreement and subject to annual budget appropriation by
the City Commission. Funding for the project includes $2,641,937.00 from the Florida Department
of Transportation Local Agency Program under Financial Project Number (FPN) 443949-1-58/68-
01, $200,000 from a General Fund appropriation which will be reimbursed through LAP grant
proceeds, and $2,000,000 to be reallocated from the Stormwater fund.
Section 4. That the allocation of $2,000,000 from the Stormwater fund is for drainage
improvements to be completed concurrently with the project’s major construction activities in
order to reduce future disruptions and avoid construction costs in future years.
3 RESOLUTION #2026-
Section 5. That the City Manager and City Attorney are authorized to make minor
revisions to the agreement/grant which are deemed necessary and proper, and is in the best
interest of the City and to execute extensions that do no materially alter costs or scope of the
agreement.
Section 6. That all resolutions or parts of resolutions in conflict herewith are repealed
to the extent of such conflict.
Section 7. That this Resolution shall become effective ten (10) days after adoption.
PASSED AND ADOPTED on __________________, 2026.
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
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
LOCAL PROGRAMS
OGC/OOC– 01/26
Page 1 of 15
FPN: 443949-1-58-01 FPN: 443949-1-68-01 FPN:
Federal No (FAIN): D426-033-B Federal No (FAIN): D426-033-B Federal No (FAIN):
Federal Award Date: Federal Award Date: Federal Award Date:
Fund: Fund: Fund:
Org Code: 55043010404 Org Code: 55043010404 Org Code:
FLAIR Approp: FLAIR Approp: FLAIR Approp:
FLAIR Obj: FLAIR Obj: FLAIR Obj:
County No:86 Contract No:
Recipient Vendor No: F596000302002 Recipient Unique Entity ID (UEI) No: U56KXBHXUBK9
Assistance Listing Number (ALN): 20.205 Highway Planning and Construction
THIS LOCAL AGENCY PROGRAM AGREEMENT (“Agreement”), is entered into on
, by and between the State of Florida Department of Transportation, an agency
(This date to be entered by DOT only)
of the State of Florida (“Department”), and City of Dania Beach (“Recipient”).
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties
agree to the following:
1. Authority: The Department is authorized to enter into this Agreement pursuant to Section 339.12, Florida
Statutes. The Recipient by Resolution or other form of official authorization, a copy of which is attached as
Exhibit “D” and made a part of this Agreement, has authorized its officers to execute this Agreement on its
behalf.
2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department’s participation in NW
1st St from Bryan Road to SR-5/US-1, as further described in Exhibit "A", Project Description and
Responsibilities attached to and incorporated in this Agreement (“Project”), to provide Department financial
assistance to the Recipient; state the terms and conditions upon which Department funds will be provided; and
to set forth the manner in which the Project will be undertaken and completed.
3. Term of Agreement: The Recipient agrees to complete the Project on or before June 30, 2028. If the Recipient
does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Recipient
and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement
will be considered termination of the Project. The cost of any work performed after the term of this Agreement
will not be reimbursed by the Department.
4. Project Cost:
a. The estimated cost of the Project is $ 4,376,868.00. This amount is based upon the Schedule of Financial
Assistance in Exhibit "B", attached to and incorporated in this Agreement. Exhibit “B” may be modified
by mutual execution of an amendment as provided for in paragraph 5.j.
b. The Department agrees to participate in the Project cost up to the maximum amount of $2,641,937.00 and
as more fully described in Exhibit "B". This amount includes Federal-aid funds which are limited to the
actual amount of Federal-aid participation. The Department’s participation may be increased or reduced
upon determination of the actual bid amounts of the Project by the mutual execution of an amendment.
The Recipient agrees to bear all expenses in excess of the total cost of the Project and any deficits incurred
in connection with the completion of the Project.
c. Project costs eligible for Department participation will be allowed only from the date of this Agreement. It
is understood that Department participation in eligible Project costs is subject to:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
LOCAL PROGRAMS
OGC/OOC– 01/26
Page 2 of 15
i. Legislative approval of the Department's appropriation request in the work program year that the
Project is scheduled to be committed;
ii. Availability of funds as stated in paragraphs 5.m. and 5.n. of this Agreement;
iii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of
this Agreement; and
iv. Department approval of the Project scope and budget at the time appropriation authority becomes
available.
5. Requisitions and Payments
a. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable
must specify the required minimum level of service to be performed and the criteria for evaluating successful
completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described
more fully in Exhibit “A”.
b. Invoices shall be submitted by the Recipient in detail sufficient for a proper pre-audit and post-audit based
on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit “A”.
Deliverables must be received and accepted in writing by the Department’s Project Manager prior to
payments. Requests for reimbursement by the Recipient shall include an invoice, progress report and
supporting documentation for the period of services being billed that are acceptable to the Department.
The Recipient shall use the format for the invoice and progres s report that is approved by the
Department.
c. The Recipient shall charge to the Project account all eligible costs of the Project except costs agreed to be
borne by the Recipient or its contractors and subcontractors. Costs in excess of the programmed funding
or attributable to actions which have not received the required approval of the Department shall not be
considered eligible costs. All costs charged to the Project , including any approved services contributed by
the Recipient or others, shall be supported by properly executed payrolls, time records, invoices, contracts
or vouchers evidencing in proper detail the nature and propriety of the charges.
d. If the Recipient is considered a rural community or rural area of opportunity, as these terms are defined by
Section 288.0656(2), Florida Statutes, Recipient may submit payment requests for eligible performance
completed/costs incurred under this agreement pursuant to Exhibit “H”, Alternative Advance Payment
Financial Provisions.
e. Supporting documentation must establish that the deliverables were received and accepted in writing by
the Recipient and must also establish that the required minimum level of service to be performed based on
the criteria for evaluating successful completion as specified in Exhibit “A” was met. All costs invoiced
shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing
in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment
Requirements.
f. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department’s
Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida
Statutes and the most current version of the Disbursement Handbook for Employees and Managers.
g. Payment shall only be made after receipt and approval of goods and services unless the payment is made
under Exhibit “H” or advance payments are authorized by the Chief Financial Officer of the State of Florida
under Chapters 215 and 216 , Florida Statutes or the Department’s Comptroller under Section 334.044(29),
Florida Statutes.
If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall
notify the Recipient of the deficiency to be corrected, which correction shall be made within a time -frame to
be specified by the Department. The Rec ipient shall, within thirty (30) days after notice from the Department,
provide the Department with a corrective action plan describing how the Recipient will address all issues of
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
LOCAL PROGRAMS
OGC/OOC– 01/26
Page 3 of 15
contract non-performance, unacceptable performance, failure to meet the minimum performance levels,
deliverable deficiencies, or contract non -compliance. If the corrective action plan is unacceptable to the
Department, the Recipient will not be reimbursed or paid under Exhibit “H”, to the extent of the non-
performance. The Recipient will not be reimbursed or paid until the Recipient resolves the deficiency. If the
deficiency is subsequently resolved, the Recipient may bill the Department for any unpaid performance
completed by the Recipient during the next billing period or as provided by Exhibit “H”, Alternative
Advance Payment Financial Provisions . If the Recipient is unable to resolve the deficiency, the funds
shall be forfeited at the end of the Agreement’s term.
h. Agencies providing goods and services to the Department should be aware of the following time frames.
Inspection and approval of goods or services shall take no longer than 20 days from the Department’s
receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the
Department of Financial Services. The 20 days are measured from the latter of the date the invoice is
received or the goods or services are received, inspected, and approved.
If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant
to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Recipient.
Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment.
Invoices that have to be returned to an Recipient because of Recipient preparation errors will result in a
delay in the payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of
this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining
timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413 -5516.
i. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are
tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and
made available upon request to the Department at all times during the period of this Agreement and for five
years after final payment is made. Copies of these documents and records shall be furnished to the
Department upon request. Records of costs incurred include the Recipient's general accounting records
and the project records, together with supporting documents and records, of the contractor and all
subcontractors performing work on the project, and all other records of the Contractor and subcontractors
considered necessary by the Department for a proper audit of costs.
j. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Recipient
and approved by the Department. The Recipient shall maintain said schedule of funding, carry out the
Project, and shall incur obligations aga inst and make disbursements of Project funds only in conformity with
the latest approved schedule of funding for the Project. The schedule of funding may be revised by
execution of a Local Agency Program (“LAP”) Supplemental Agreement between the Department and the
Recipient. The Recipient acknowledges and agrees that funding for this project may be reduced upon
determination of the Recipient’s contract award amount.
k. If, after Project completion, any claim is made by the Department resulting from an audit or for work or
services performed pursuant to this Agreement, the Department may offset such amount from payments
due for work or services done under any agreement which it has with the Recipient owing such amount if,
upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount
pursuant to this paragraph shall not be considered a breach of contract by the Department.
l. The Recipient must submit the final invoice on the Project to the Department within 120 da ys after the
completion of the Project. Invoices submitted after the 120-day time period may not be paid.
m. The Department’s performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds
approval from the Department's Comptroller must be received each fiscal year prior t o costs being incurred.
See Exhibit “B” for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not
eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the
Recipient, in writing, when funds are available.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
LOCAL PROGRAMS
OGC/OOC– 01/26
Page 4 of 15
n. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the
provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"The Department, during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in excess of
the amounts budgeted as available for expenditure during such fiscal year. Any c ontract,
verbal or written, made in violation of this subsection is null and void, and no money may
be paid on such contract. The Department shall require a statement from the comptroller
of the Department that funds are available prior to entering into a ny such contract or other
binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only
for the value of the services to be rendered or agreed to be paid for in succeeding fiscal
years, and this paragraph shall be incorporated verbatim in all contracts of the Department
which are for an amount in excess of $25,000 and which have a term for a period of more
than 1 year."
6. Department Payment Obligations:
Subject to other provisions of this Agreement, the Department will honor requests for reimbursement to the Recipient
pursuant to this Agreement. However, notwithstanding any other provision of this Agreement, the Department may elect
by notice in writing not to make a payment if:
a. The Recipient shall have made misrepresentation of a material nature in its application, or any supplement or
amendment to its application, or with respect to any document or data furnished with its application or pursuant to
this Agreement;
b. There is any pending litigation with respect to the performance by the Recipient of any of its duties or obligations
which may jeopardize or adversely affect the Project, the Agreement or payments to the Project;
c. The Recipient shall have taken any action pertaining to the Project which, under this Agreement, requires the
approval of the Department or has made a related expenditure or incurred related obligations without having been
advised by the Department that same are approved;
d. There has been any violation of the conflict of interest provisions conta ined in paragraph 14.f.; or
e. The Recipient has been determined by the Department to be in default under any of the provisions of the Agreement.
The Department may suspend or terminate payment for that portion of the Project which the Federal Highway Administration
(“FHWA”), or the Department acting in lieu of FHWA, may designat e as ineligible for Federal-aid.
In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior to
the Department’s issuance of a Notice to Proceed (“NTP”), costs incurred after the expiration of the Agreement, costs which
are not provided for in the latest approved schedule of funding in Exhibit “B” for the Project, costs agreed to be borne by
the Recipient or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines,
and costs attributable to goods or services received under a contract or other arrangements which have not been approved
in writing by the Department.
7. General Requirements:
The Recipient shall complete the Project with all practical dispatch, in a sound, economical, and efficient manner, and in
accordance with the provisions in this Agreement, and all applicable laws. The Project will be performed in accordance with
all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's
Local Agency Program Manual (FDOT Topic No. 525-010-300), which by this reference is made a part of this Agreement.
Time is of the essence as to each and every obligation under this Agreement.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
LOCAL PROGRAMS
OGC/OOC– 01/26
Page 5 of 15
a. A full time employee of the Recipient, qualified to ensure that the work being pursued is complete, accurate,
and consistent with the terms, conditions, and specifications of this Agreement shall be in responsible
charge of the Project, which employee should be able to perform the following duties and functions:
i. Administers inherently governmental project activities, including those dealing with cost, time,
adherence to contract requirements, construction quality and scope of Federal -aid projects;
ii. Maintains familiarity of day to day Project operations, including Project safety issues;
iii. Makes or participates in decisions about changed conditions or scope changes that require
change orders or supplemental agreements;
iv. Visits and reviews the Project on a frequency that is commensurate with the magnitude and
complexity of the Project;
v. Reviews financial processes, transactions and documentation to ensure that safeguards are in
place to minimize fraud, waste, and abuse;
vi. Directs Project staff, agency or consultant, to carry out Project administration and contract
oversight, including proper documentation;
vii. Is aware of the qualifications, assignments and on -the-job performance of the Recipient and
consultant staff at all stages of the Project.
b. Once the Department issues the NTP for the Project, the Recipient shall be obligated to submit an invoice
or other request for reimbursement to the Department no less than once every 90 days (quarterly),
beginning from the day the NTP is issued. If the Recipient fails to submit quarterly invoices to the
Department, and in the event the failure to timely submit invoices to the Department results in the FHWA
removing any unbilled funding or the loss of state appropriation authority (which may include the loss of
state and federal funds, if there are state funds programmed to the Project), then the Recipient will be solely
responsible to provide all funds necessary to complete the Project and the Department will not be obligated
to provide any additional funding for the Project. The Recipient waives the right to contest such removal of
funds by the Department, if the removal is related to FHWA’s withdrawal of funds or if the removal is related
to the loss of state appropriation authority. In addition to the loss of funding f or the Project, the Department
will also consider the de-certification of the Recipient for future LAP Projects. No cost may be incurred
under this Agreement until after the Recipient has received a written NTP from the Department. The
Recipient agrees to advertise or put the Project out to bid thirty (30) days from the date the Department
issues the NTP to advertise the Project. If the Recipient is not able to meet the scheduled advertisement,
the Department District LAP Administrator should be notified a s soon as possible.
c. If all funds are removed from the Project, including amounts previously billed to the Department and
reimbursed to the Recipient, and the Project is off the State Highway System, then the Department will
have to request repayment for the previously billed amounts from the Recipient. No state funds can be
used on off-system projects, unless authorized pursuant to Exhibit “I”, State Funds Addendum, which will
be attached to and incorporated in this Agreement in the event state funds are used on the Project.
d. In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is
required under applicable law to enable the Recipient to enter into this Agreement or to undertake the
Project or to observe, assume or carry out any of the provisions of the Agreement, the Recipient will initiate
and consummate, as provided by law, all actions necessary with respect to any such matters.
e. The Recipient shall initiate and prosecute to completion all proceedings necessary, including Federal-aid
requirements, to enable the Recipient to provide the necessary funds for completion of the Project.
f. The Recipient shall submit to the Department such data, reports, records, contracts, and other documents
relating to the Project as the Department and FHWA may require. The Recipient shall make such
submissions using Department -designated information systems.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
LOCAL PROGRAMS
OGC/OOC– 01/26
Page 6 of 15
g. Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable federal
and state laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and
procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account
of any cost incurred prior to authorization by FHWA to the Department to proceed with the Project or part
thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount
claimed is not eligible, federal participation may be approved in the amount determined to be adequately
supported and the Department shall notify the Recipient in writing citing the reasons why items and amounts
are not eligible for federal participation. Where correctable non -compliance with provisions of law or FHWA
requirements exists federal funds may be withheld until compliance is obtained. Where non -compliance is
not correctable, FHWA or the Department may deny participation in parcel or Project costs in part or in
total. For any amounts determined to be ineligible for federal reimbursement for which the Department has
advanced payment, the Recipient shall promptly reimburse the Department for all such amounts within 90
days of written notice.
h. For any project requiring additional right -of-way, the Recipient must submit to the Department an annual
report of its real property acquisition and relocation assistance activities on the project. Activities shall be
reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared
using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later
than October 15 of each year.
8. Audit Reports:
The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to
audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to
conduct or arrange for the conduct of additional audits or evaluations of federal awards or limit the authority of any state
agency inspector general, the State of Florida Auditor General , or any other state official. The Recipient shall comply with
all audit and audit reporting requirements as specified below.
a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements,
monitoring procedures may include , but not be limited to, on-site visits by Department staff and/or other procedures
including, reviewing any required performance and financial reports, following up, ensuring corrective action, and
issuing management decisions on weaknesses found through audits when those findin gs pertain to federal awards
provided through the Department by this Agreement. By enteri ng into this Agreement, the Recipient agrees to
comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The
Recipient further agrees to comply and cooperate with any inspections, reviews, investigations , or audits deemed
necessary by the Department, State of Florida Chief Financial Officer (“CFO”), or State of Florida Auditor General.
b. The Recipient, a non-federal entity as defined by 2 CFR Part 200, as a subrecipient of a federal award awarded by
the Department through this Agreement is subject to the following requirements:
i. In the event the Recipient expends a total amount of federal awards equal to or in excess of the threshold
established by 2 CFR Part 200, Subpart F – Audit Requirements, the Recipient must have a federal single or
program-specific audit for such fiscal year conducted in accordance with the provisions of 2 CFR Part 200,
Subpart F – Audit Requirements. Exhibit “E” to this Agreement provides the required federal award
identification information needed by the Recipient to further comply with the requirements of 2 CFR Part 200,
Subpart F – Audit Requirements. In determining federal awards expended in a fiscal year, the Recipient must
consider all sources of federal awards based on when the activity related to the federal award occurs, including
the federal award provided through the Department by this Agreement. The determination of amounts of federal
awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F –
Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the
provisions of 2 CFR Part 200, Subpart F – Audit Requirements, will meet the requirements of this part.
ii. In connection with the audit requirements, the Recipient shall fulfill the requirements relative to the auditee
responsibilities as provided in 2 CFR Part 200, Subpart F – Audit Requirements.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
LOCAL PROGRAMS
OGC/OOC– 01/26
Page 7 of 15
iii. In the event the Recipient expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit
Requirements, in federal awards, the Recipient is exempt from federal audit requirements for that fiscal year.
However, the Recipient must provide a single audit exemption statement to the Department at
FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Recipient’s audit period for
each applicable audit year. In the event the Recipient expends less than the threshold established by 2 CFR
Part 200, Subpart F – Audit Requirements, in federal awards in a fiscal year and elects to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, the cost of
the audit must be paid from non -federal resources (i.e., the cost of such an audit must be paid from the
Recipient’s resources obtained from other than federal entities).
iv. The Recipient must electronically submit to the Federal Audit Clearinghouse (“FAC”) at
https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F –
Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months
after the end of the audit period. The FAC is the repository of recor d for audits required by 2 CFR Part 200,
Subpart F – Audit Requirements, and this Agreement. However, the Department requires a copy of the audit
reporting package also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days
after receipt of the auditor’s report(s) or nine months after the end of the audit period as required by 2 CFR Part
200, Subpart F – Audit Requirements.
v. Within six months of acceptance of the audit report by the FAC, the Department will review the Recipient’s audit
reporting package, including corrective action plans and management letters, to the extent necessary to
determine whether timely and appropriate action on all deficiencies has been taken pertaining to the federal
award provided through the Department by this Agreement. If the Recipient fails to have an audit conducted in
accordance with 2 CFR Part 200, Subpart F – Audit Requirements, the Departme nt may impose additional
conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied
by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which
actions may include but not be limited to the following:
1. Temporarily withhold cash payments pending correction of the deficiency by the Recipient
or more severe enforcement action by the Department;
2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the
cost of the activity or action not in compliance;
3. Wholly or partly suspend or terminate the federal award;
4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and
federal awarding agency regulations (or in the case of the Department, recommend such a
proceeding be initiated by the federal awarding agency);
5. Withhold further federal awards for the Project or program;
6. Take other remedies that may be legally available.
vi. As a condition of receiving this federal award, the Recipient shall permit the Department or its designee, the
CFO, or State of Florida Auditor General access to the Recipient’s records including financial statements, the
independent auditor’s working papers , and project records as necessary. Records related to unresolved audit
findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved.
vii. The Department’s contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399 -0450
FDOTSingleAudit@dot.state.fl.us
c. The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period
of five years from the date the audit report is issued and shall allow the Department or its designee, the CFO , or State
of Florida Auditor General access to such records upon request. The Recipient shall ensure that the audit working
papers are made available to the Department or its designee, the CFO, or State of Florida Auditor General upon
request for a period of five years from the d ate the audit report is issued , unless extended in writing by the Department.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
LOCAL PROGRAMS
OGC/OOC– 01/26
Page 8 of 15
9. Termination or Suspension of Project:
The Department may, by written notice to the Recipient, suspend any or all of the Department’s obligations under this
Agreement for the Recipient’s failure to comply with applicable law or the terms of this Agreement until such time as the
event or condition resulting in such suspension has ceased or been corrected.
a. If the Department intends to terminate the Agreement, the Department shall notify the Recipient of such
termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to
the effective date of termination or specify the stage of work at which the Agreement is to be terminated.
b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce
beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree
upon the termination conditions.
c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that
work satisfactorily performed for which costs can be substantiated. Such payment, however, may not
exceed the equivalent percentage of the Department’s maximum financial assistance. If any portion of the
Project is located on the Department’s right-of-way, then all work in progress on the Department right -of-
way will become the property of the Department and will be turned over promptly by the Recipient.
d. In the event the Recipient fails to perform or honor the requirements and provisions of this Agreement, the
Recipient shall promptly refund in full to the Department within thirty (30) days of the termination of the
Agreement any funds that were determined by the Department to have been expended in violation of the
Agreement.
e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Recipient to
comply with the Public Records provisions of Chapter 119, Florida Statutes.
10. Contracts of the Recipient:
a. Except as otherwise authorized in writing by the Department, the Recipient shall not execute any contract
or obligate itself in any manner requiring the disbursement of Department funds, including consultant or
construction contracts or amendments thereto, with any third party with respect to the Project without the
written approval of the Department. Failure to obtain such approval shall be sufficient cause for
nonpayment by the Department. The Department specifically reserves the right to review the qualifications
of any consultant or contractor and to approve or disapprove th e employment of such consultant or
contractor.
b. It is understood and agreed by the parties to this Agreement that participation by the Department in a project
with the Recipient, where said project involves a consultant contract for engineering, architecture or
surveying services, is contingent on the Recipient’s complying in full with provisions of Section 287.055,
Florida Statutes, Consultants’ Competitive Negotiation Act , the federal Brooks Act, 23 C.F.R. 172, and 23
U.S.C. 112. At the discretion of the Department, the Recipient will involve the Department in the consultant
selection process for all projects funded under this Agreement. In all cases, the Recipient shall certify to
the Department that selection has been accomplished in compliance with the Consultants’ Competitive
Negotiation Act and the federal Brooks Act.
c. The Recipient shall comply with, and require its consultants and contractors to comply with applicable
federal law pertaining to the use of Federal-aid funds. The Recipient shall comply with the provisions in the
FHWA-1273 form as set forth in Exhibit “G”, FHWA 1273 attached to and incorporated in this Agreement.
The Recipient shall include FHWA-1273 in all contracts with contractors performing work on the Project.
d. The Recipient shall require its consultants and contractors to take emergency steps to close any public
road whenever there is a risk to life, health and safety of the travelling public. The safety of the travelling
public is the Department’s first priority for the Recipient. If lane or road closures are required by the LA to
ensure the life, health, and safety of the travelling public, the LA must notify the District Construction
Engineer and District Traffic Operations Engineer immediately once the travelling public are not a t imminent
risk. The Department expects professional engineering judgment be applied in all aspects of locally
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
LOCAL PROGRAMS
OGC/OOC– 01/26
Page 9 of 15
delivered projects. Defect management and supervision of LAP project structures components must be
proactively managed, monitored, and inspected by department prequalified structures engineer(s). The
District Construction Engineer must be notified immediately of defect monitoring that occurs in LAP project
construction, whether or not the defects are considered an imminent risk to life, health, or safety of the
travelling public. When defects, including but not limited to, structural cracks, are initiall y detected during
bridge construction, the engineer of record, construction engineering inspector, design -build firm, or local
agency that owns or is responsible for the bridge construction has the authority to immediately close the
bridge to construction personnel and close the road underneath. The LA shall also ensure compliance with
the CPAM, Section 9.1.8 regarding actions for maintenance of traffic and safety concerns.
11. Disadvantaged Business Enterprise (DBE) Policy and Obligation:
It is the policy of the Department that DBE’s , as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with Department funds under this Agreement . The
DBE requirements of applicable federal and state laws and regulations apply to this Agreement.
The Recipient and its contractors agree to ensure that DBE’s have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE’s have the opportunity to compete for and perform
contracts. The Recipient and its contractors and subcontractors shall not discriminate on the basis of race, color, national
origin or sex in the award and performance of contracts, entered pursuant to this Agreement .
12. Compliance with Conditions and Laws:
The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this
Agreement and all federal, state, and local laws and regulations applicable to this Project. Execution of this Agreement
constitutes a certification that the Recipient is in compliance with, and will require its contractors and subcontractors to
comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the
“Certification Regarding Deba rment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions,”
in 49 C.F.R. Part 29, and 2 C.F.R. Part 200 when applicable.
13. Performance Evaluations:
Recipients are evaluated on a project-by-project basis. The evaluations provide information about oversight needs and
provide input for the recertification process. Evaluat ions are submitted to the Recipient’s person in responsible charge or
designee as part of the Project closeout process. The Department provides the evaluation to the Recipient no more than
30 days after final acceptance.
a. Each evaluation will result in one of three ratings. A rating of Unsatisfact ory Performance means the
Recipient failed to develop the Project in accordance with applicable federal and state regulations,
standards and procedures, required excessive District involvement/oversight, or the Project was brought
in-house by the Department. A rating of Satisfactory Performance means the Recipient developed the
Project in accordance with applicable federal and state regulations, standards and procedures, with minimal
District involvement/oversight. A rating of Above Satisfact ory Performance means the Recipient developed
the Project in accordance with applicable federal and state regulations, standards and procedures, and the
Department did not have to exceed the minimum oversight and monitoring requirements identified for the
project.
b. The District will determine which functions can be further delegated to Recipients that continuously earn
Satisfactory and Above Satisfactory evaluations.
14. Restrictions, Prohibitions, Controls, and Labor Provisions:
During the performance of this Agreement, the Recipient agrees as follows, and agrees to require its contractors and
subcontractors to include in each subcontract the following provisions:
a. The Recipient will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the
regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Recipient
pursuant thereto. The Recipient shall include the attached Exhibit “C”, Title VI Assurances in all contracts
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
LOCAL PROGRAMS
OGC/OOC– 01/26
Page 10 of 15
with consultants and contractors performing work on the Project that ensure compliance with Title VI of the
Civil Rights Act of 1964, 49 C.F.R. Part 21, and re lated statutes and regulations.
b. The Recipient will comply with all the requirements as imposed by the ADA, the regulations of the Federal
Government issued thereunder, and assurance by the Recipient pursuant thereto.
c. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public
work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work
as a contractor, supplier, subcontractor or consultant under a contract with a ny public entity; and may not
transact business with any public entity in excess of the threshold amount provided in Section 287.017,
Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
d. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the
Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid
on a contract to provide goods or services to a public entity; may not submit a bid on a contract wi th a public
entity for the construction or repair of a public building or public work; may not submit bids on leases of real
property to a public entity; may not be awarded or perform work as a contractor , supplier, subcontractor or
consultant under a contract with any public entity; and may not transact business with any public entity.
e. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further
been determined by the Department to be a non -responsible contractor may not submit a bid or perform
work for the construction or repair of a public building or public work on a contract with the Recipient.
f. Neither the Recipient nor any of its contractors or their subcontractors shall enter into any contract,
subcontract or arrangement in connection with the Project or any property included or planned to be
included in the Project in which any member, officer or employee of the Recipient or the locality during
tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member,
officer or employee involuntarily acquires or had acquired prior to the beginning of tenure an y such interest,
and if such interest is immediately disclosed to the Recipient, the Recipient, with prior approval of the
Department, may waive the prohibition contained in this paragraph provided that any such present member,
officer or employee shall not participate in any action by the Recipient or the locality relating to such
contract, subcontract or arrangement. The Recipient shall insert in all contracts entered into in connection
with the Project or any property included or planned to be included in any Project, and shall require its
contractors to insert in each of their subcontracts, the following provision:
"No member, officer or employee of the Recipient or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph shall not be applicable to any agreement between the Recipient and its
fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a
governmental agency.
g. No member or delegate to the Congress of the United States shall be admitted to any share or part of th is
Agreement or any benefit arising therefrom.
h. In accordance with Section 787.06(13), Florida Statutes, the Recipient must verify its contractors or
subcontractors are not engaged in coercion for labor or services.
15. Indemnification and Insurance:
a. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the
provisions of any part of this Agreement to create in the public or any member thereof, a third -party
beneficiary under this Agreement, or to autho rize anyone not a party to this Agreement to maintain a suit
for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
LOCAL PROGRAMS
OGC/OOC– 01/26
Page 11 of 15
Recipient guarantees the payment of all just claims for materials, supplies, tools, or labor and other just
claims against the Recipient or any subcontractor, in connection with this Agreement.
b. To the extent provided by law, Recipient shall indemnify, defend, and hold harmless the Department against
any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of
Recipient, or any of its officers, age nts, or employees, acting within the scope of their office or employment,
in connection with the rights granted to or exercised by Recipient hereunder, to the extent and within the
limitations of Section 768.28, Florida Statutes. The foregoing indemnificat ion shall not constitute a waiver
of the Department’s or Recipient’s sovereign immunity beyond the limits set forth in Florida Statutes,
Section 768.28, nor shall the same be construed to constitute agreement by Recipient to indemnify the
Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or for
the acts of third parties. Nothing herein shall be construed as consent by Recipient to be sued by third
parties in any manner arising out of this Agreement. This i ndemnification shall survive the termination of
this Agreement.
c. Recipient agrees to include the following indemnification in all contracts with contractors, subcontractors,
consultants, or subconsultants (each referred to as “Entity” for the purposes of the below indemnification)
who perform work in connection with this Agreement:
“To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the
[RECIPIENT] and the State of Florida, Department of Transportation, including the Department’s
officers, agents, and employees, against any actions, claims, or damages arising out of, relating
to, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or
employees, acting within the scope of their office or employment, in connection with the rights
granted to or exercised by [ENTITY].
The foregoing indemnification shall not constitute a waiver of the Department’s or [RECIPIENT’]’s
sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the
same be construed to constitute agreement by [ENTITY] to indemnify [RECIPIENT] for the
negligent acts or omissions of [RECIPIENT], its officers, agents, or employees, or third parties. Nor
shall the same be construed to constitute agreement by [ENTITY] to indemnify the Department for
the negligent acts or omissions of the Department, its officers, agents, or employees, or third
parties. This indemnification shall survive the termination of this Agreement.”
d. The Recipient shall, or cause its contractor or consultant to carry and keep in force, during the term of this
Agreement, a general liability insurance policy or policies with a company or companies authorized to do
business in Florida, affording public liability insurance with combined bodily injury limits of at least $200,000
per person and $300,000 each occurrence, and property damage insurance of at least $200,000 each
occurrence, for the services to be rendered in accordance with this Agreement. The Recipient shall also,
or cause its contractor or consultant to carry and keep in force Workers’ Compensation Insurance as
required by the State of Florida under the Workers’ Compensation Law. With respect to any general liability
insurance policy required pursuant to this Agreement, all such policies shall be issued by companies
licensed to do business in the State of Florida. The Recipient shall provide to the Department certificates
showing the required coverage to be in effect with endorsements showing the Departmen t to be an
additional insured prior to commencing any work under this Agreement. Policies that include Self Insured
Retention will not be accepted. The certificates and policies shall provide that in the event of any material
change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shall
be given to the Department or as provided in accordance with Florida law.
16. Maintenance Obligations: In the event the Project includes construction then the following provisions are
incorporated into this Agreement:
a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System
constructed under this Agreement for its useful life. If the Recipient constructs any improvement on
Department right-of-way, the Recipient
shall
shall not
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
LOCAL PROGRAMS
OGC/OOC– 01/26
Page 12 of 15
N/A
maintain the improvements located on the Department right-of-way for their useful life. If the Recipient is
required to maintain Project improvements located on the Department right -of-way beyond final
acceptance, then Recipient shall, prior to any disbursement of the state funding provided under this
Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the
Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and
incorporated into this Agreement as Exhibit “D”. This provision will survive termination of this Agreement.
17. Miscellaneous Provisions:
a. The Recipient will be solely responsible for compliance with all applicable environmental regulations, for
any liability arising from non -compliance with these regulations, and will reimburse the Department for any
loss incurred in connection therewith. The Recipient will be responsible for securing any applicable permits.
The Recipient shall include in all contracts and subcontracts for amounts in excess of $150,000, a provision
requiring compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 -
1387).
b. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this
Agreement.
c. In no event shall the making by the Department of any payment to the Recipient constitute or be construed
as a waiver by the Department of any breach of covenant or any default which may then exist on the part
of the Recipient and the making of such payment by the Department, while any such breach or default shall
exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to
such breach or default.
d. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected . In
such an instance, the remainder would then continue to conform to the terms and requirements of
applicable law.
e. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay,
any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
f. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions
of the Agreement violate any applicable state law, the Recipient will at once notify the Department in writing
in order that appropriate changes and modifications may be made by the Department and the Recipient to
the end that the Recipient may proceed as soon as possible with the Project.
g. In the event that this Agreement involves constructing and equipping of facilities, the Recipient shall submit
to the Department for approval all appropriate plans and specifications covering the Project. The
Department will review all plans and specifications and will issue to the Recipient a written approval with
any approved portions of the Project and comments or recommendations covering any remainder of the
Project deemed appropriate. After resolution of these comments and recommendations to the
Department's satisfaction, the Department will issue to the Recipient a written approval with said remainder
of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the
Department.
h. Upon completion of right-of-way activities on the Project, the Recipient must certify compliance with all
applicable federal and state requirements. Certification is required prior to authorization for advertisement
for or solicitation of bids for construction of the Project, including if no right-of-way is required.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
LOCAL PROGRAMS
OGC/OOC– 01/26
Page 13 of 15
i. The Recipient will certify in writing, prior to Project closeout that the Project was completed in accordance
with applicable plans and specifications, is in place on the Recipient’s facility, adequate title is in the
Recipient’s name, and the Project is accepted by the Recipient as suitable for the intended purpose.
j. The Recipient agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf
of the Recipient, to any person for influencing or attempting to influence any officer or employee of any
federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member
of Congress in connection with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and the ext ension, continuation,
renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any
funds other than federally-appropriated funds have been paid by the Recipient to any person for influencing
or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer
or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions. The Recipient shall require that the language of this paragraph be included
in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly. No funds received pursuant to this contract may be expended for lobbying the Legislature, the
judicial branch or a state agency.
k. The Recipient may not permit the Engineer of Record to perform Construction, Engineering and Inspection
services on the Project.
l. The Recipient shall comply with all applicable federal guidelines, procedures, and regulations. If at any
time a review conducted by Department and or FHWA reveals that the applicable federal guidelines,
procedures, and regulations were not followed by the Recipient and FHWA requires reimbursement of the
funds, the Recipient will be responsible for repayment to the Department of all funds awarded under the
terms of this Agreement.
m. The Recipient shall:
i. utilize the U.S. Department of Homeland Security’s E -Verify system to verify the employment
eligibility of all new employees hired by Recipient during the term of the contract; and
ii. expressly require any contractor and subcontractors performing work or providing services
pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E -
Verify system to verify the employment eligibility of all new employees hired by the subcontractor
during the contract term.
n. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original,
but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this
Agreement with a signature on behalf of a party will be legal and binding on such party.
o. The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the
obligation to comply with s.20.055(5), Florida Statutes.
p. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and the cost
of the Project is to be paid from state-appropriated funds, then the Recipient must comply with the
requirements of Section 255.0991, Florida Statutes.
18. Exhibits:
a. Exhibits “A”, “B”, “C”, “D”, “E”, “F” and “H” are attached to and incorporated into this Agreement.
b. If this Project includes Phase 58 (construction) activities, then Exhibit “G”, FHWA FORM 1273, is
attached and incorporated into this Agreement.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
LOCAL PROGRAMS
OGC/OOC– 01/26
Page 14 of 15
c. State funds are used on this Project. If state funds are used on this Project, then Exhibit “I”, State
Funds Addendum, is attached and incorporated into this Agreement. Exhibit “J”, State Financial
Assistance (Florida Single Audit Act), is attached and incorporated into this Agreement.
d. This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project
Reimbursement, then Exhibit “K”, Advance Project Reimbursement is attached and incorporated into this
Agreement.
e. This Project includes funding for landscaping. If this Project includes funding for landscaping, then
Exhibit “L”, Landscape Maintenance, is attached and incorporated into this Agreement.
f. This Project includes funding for a roadway lighting system. If the Project includes funding for roadway
lighting system, Exhibit “M”, Roadway Lighting Maintenance is attached and incorporated into this
Agreement.
g. This Project includes funding for traffic signals and/or traffic signal systems. If this Project includes
funding for traffic signals and/or traffic signals systems, Exhibit “N”, Traffic Signal Maintenance is attached
and incorporated into this Agreement.
h. A portion or all of the Project will utilize Department right -of-way and, therefore, Exhibit “O”, Terms and
Conditions of Construction in Department Right -of-Way, is attached and incorporated into this Agreement.
i. The following Exhibit(s) are attached and incorporated into this Agreement:
j. Exhibit and Attachment List
Exhibit A: Project Description and Responsibilities
Exhibit B: Schedule of Financial Assistance
Exhibit C: Title VI Assurances
Exhibit D: Recipient Resolution
Exhibit E: Federal Financial Assistance (Single Audit Act)
Exhibit F: Contract Payment Requirements
* Exhibit G: FHWA Form 1273
Exhibit H: Alternative Advance Payment Financial Provisions
* Exhibit I: State Funds Addendum
* Exhibit J: State Financial Assistance (Florida Single Audit Act)
* Exhibit K: Advance Project Reimbursement
* Exhibit L: Landscape Maintenance
* Exhibit M: Roadway Lighting Maintenance
* Exhibit N: Traffic Signal Maintenance
* Exhibit O: Terms and Conditions of Construction in Department Right -of-Way
* Additional Exhibit(s):
* Indicates that the Exhibit is only attached and incorporated if applicable box is selected.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
LOCAL PROGRAMS
OGC/OOC– 01/26
Page 15 of 15
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above.
RECIPIENT City of Dania Beach STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
By: By:
Name: Name: John P. Krane, P.E
Title: Title: Director of Transportation Development
Legal Review:
___________________________________________________
Page 1 of 2
Alt Form 525-010-40A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-011-0A
LOCAL PROGRAMS
05/21
EXHIBIT A
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN: 443949-1-58/68-01
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and
City of Dania Beach (the Recipient)
PROJECT LOCATION:
The project is on the National Highway System.
The project is on the State Highway System.
PROJECT LENGTH AND MILE POST LIMITS: .764
Roadway ID #86900110 BMP 0.00 to EMP 0.764
PROJECT DESCRIPTION: The scope of this project includes signalized mid -block crossings, curb and gutter, 6' wide
concrete sidewalks, pavement markings and signage, regrading and sodding the swales, back of sidewalk harmonization
on existing sidewalks when the sidewalk doesn’t meet ADA requirements, and ADA ramp repairs/replacement with
detectable warning surfaces. Existing drainage pipe and structures to be replaced with new drainage piping and structures
(funded by the City of Dania Beach).
SPECIAL CONSIDERATIONS BY RECIPIENT:
The Recipient is required to provide a copy of the design plans for the Department’s review and approval to coordinate
permitting with the Department, and notify the Department prior to commencement of any right -of-way activities.
The Recipient shall commence the project’s activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) Study to be completed by N/A
b) Design to be completed by N/A
c) Right-of-Way requirements identified and provided to the Department by N/A
d) Right-of-Way to be certified by 03/6/2026
e) Construction contract to be let by 09/2/2026
f) Construction to be completed by 06/30/2028
If this schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of funding.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
Issuance of the Notice to Proceed (NTP) to the City of Dania Beach is subject to the submittal and approval of the
Production Package which includes 100% signed and sealed plans, cost estimate, technical specifications, bid
documents, executed construction contracts checklist, environmental certification and right -of-way certification.
Alt Form 525-010-40B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-011-0B
LOCAL PROGRAMS
8/21
Page 1 of 1
EXHIBIT B
SCHEDULE OF FINANCIAL ASSISTANCE
RECIPIENT NAME & BILLING ADDRESS:
City of Dania Beach
100 W Dania Beach Boulevard
Dania Beach, FL 33004
FINANCIAL PROJECT NUMBER:
443949-1-58/68-01
PHASE OF WORK By Fiscal Year
MAXIMUM PARTICIPATION
(1)
TOTAL
PROJECT FUNDS
(2)
LOCAL FUNDS
(3)
STATE FUNDS
(4)
FEDERAL FUNDS
Design- Phase 38
FY: (Insert Program Name)
FY: (Insert Program Name)
FY: (Insert Program Name)
$
$
$
$
$
$
$
$
$
$
$
$
Total Design Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00
Right-of-Way- Phase 48
FY: (Insert Program Name)
FY: (Insert Program Name)
FY: (Insert Program Name)
$
$
$
$
$
$
$
$
$
$
$
$
Total Right-of-Way Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00
Construction- Phase 58
FY: 2026 (Surface Transportation Program)
FY: (Insert Program Name)
FY: (Insert Program Name)
$ 4,136,692.00
$
$
$ 1,734,931.00
$
$
$
$
$
$ 2,401,761.00
$
$
Total Construction Cost $ 4,136,692.00 $ 1,734,931.00 $ 0.00 $ 2,401,761.00
Construction Engineering and Inspection (CEI)- Phase 68
FY: 2026 (Surface Transportation Program)
FY: (Insert Program Name)
FY: (Insert Program Name)
$ 240,176.00
$
$
$
$
$
$
$
$
$ 240,176.00
$
$
Total CEI Cost $ 240,176.00 $ 0.00 $ 0.00 $ 240,176.00
(Insert Phase)
FY: (Insert Program Name)
FY: (Insert Program Name)
FY: (Insert Program Name)
$
$
$
$
$
$
$
$
$
$
$
$
Total Phase Costs $ 0.00 $ 0.00 $ 0.00 $ 0.00
TOTAL COST OF THE PROJECT $ 4,376,868.00 $ 1,734,931.00 $ 0.00 $ 2,641,937.00
COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES:
I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by
Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached.
Landy Ductan
District Grant Manager Name
Signature Date
Alt Form 525-010-40C
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-011-0C
LOCAL PROGRAMS
01/26
Page 1 of 2
EXHIBIT C
TITLE VI ASSURANCES
During the performance of this contract, the consultant or contractor, for itself, its assignees and successors in
interest (hereinafter collectively referred to as the "contractor") agrees as follows:
(1.) Compliance with REGULATIONS: The contractor shall comply with the Regulations relative to
nondiscrimination in federally -assisted programs of the U.S. Department of Transportation
(hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the REGULATIONS ), which are herein
incorporated by reference and made a part of this contract.
(2.) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall
not discriminate on the basis of race, color, national origin, or sex in the selection and retention of sub -
contractors, including procurements of materials and leases of eq uipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS, including employment practices when the contract covers a program set forth in
Appendix B of the REGULATIONS.
(3.) Solicitations for Sub-contractors, including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be
performed under sub-contract, including procurements of materials or leases of equipment, each
potential sub-contractor or supplier shall be notified by the contractor of the contractor's obligations
under this contract and the REGULATIONS relative to nondiscrimination on the basis of race, color,
national origin, or sex.
(4.) Information and Reports: The contractor shall provide all information and reports required by
the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
Florida Department of Transportation or the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and Federal Motor Carrier Safety Administration
to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions.
Where any information required of a contractor is in the exclusive possession of another who
fails or refuses to furnish this information the contractor shall so certify to the Florida Department
of Transportation, or the Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate,
and shall set forth what efforts it has made to obtain the information.
(5.) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose
such contract sanctions as it or the Federal Highway Administration, F ederal Transit Administration,
Federal Aviation Administration, or
525-011-0C
PROGRAM MANAGEMENT
01/26
Page 2 of 2
Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited
to:
a. withholding of payments to the contractor under the contract until the contractor
complies, and/or
b. cancellation, termination or suspension of the contract, in whole or in part.
(6.) Compliance with Nondiscrimination Statutes and Authorities : Title VI of the Civil Rights Act of 1964
(42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national
origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of
1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the
Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis
of disability); and 49 CFR Part 27; The Age Dis crimination Act of 1975, as amended, (42 U.S.C. § 6101 et
seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC
§ 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, n ational origin,
or sex); The Civil Rights Restoration Act of 1987, (PL 100 -209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504
of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include
all of the programs or activities of the Federal -aid recipients, sub-recipients and contractors, whether such
programs or activities are Federally funded or not); Titles II a nd III of the Americans with Disabilities Act,
which prohibit discrimination on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131
-- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The
Federal Aviation Administration’s Non -discrimination statute (49 U.S.C. § 47123) (prohibits discrimination
on the basis of race, color, national origin, and sex); Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Tit le VI, you must take
reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at
74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
(7.) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in
every sub-contract, including procurements of materials and leases of equipment, unless exempt by the
REGULATIONS, or directives issued pursuant thereto. The contractor shall take such action with respect
to any sub-contract or procurement as the Florida Department of Transportation or the Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier
Safety Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance, provided, however, that, in the event a contractor becomes involved in, or is threatened
with, litigation with a sub-contractor or supplier as a result of such direction, the contractor may request
the Florida Department of Transportation to enter into such litigation to protec t the interests of the Florida
Department of Transportation, and, in addition, the contractor may request the United States to enter into
such litigation to protect the interests of the United States.
Alt Form 525-010-40D
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-011-0D
LOCAL PROGRAMS
05/21
Page 1 of 1
EXHIBIT D
RECIPIENT RESOLUTION
The Recipient’s Resolution authorizing entry into this Agreement is attached and incorporated into this
Agreement.
Alt Form 525-010-40E
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-011-0E
LOCAL PROGRAMS
02/25
Page 1 of 1
EXHIBIT E
FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT )
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
ALN No.: 20.205
ALN Title: Highway Planning and Construction
Federal-Aid Highway Program, Federal Lands Highway Program
ALN Program Site: https://sam.gov/fal/a122e57ebdd94c6b95d87450afeda1aa/view
Award Amount: $2,641,937.00
Awarding Agency: Florida Department of Transportation
Award is for R&D: No
Indirect Cost Rate: N/A
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE
FOLLOWING:
2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal
Awards
http://www.ecfr.gov/cgi-bin/text-idx?node=2:1.1.2.2.1
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE
FOLLOWING:
Title 23 – Highways, United States Code
http://uscode.house.gov/browse/prelim@title23&edition=prelim
Title 49 – Transportation, United States Code
http://uscode.house.gov/browse/prelim@title49&edition=prelim
Infrastructure Investment and Jobs Act (IIJA) (Public Law 117 -58, also known as the “Bipartisan Infrastructure Law”)
https://www.congress.gov/117/bills/hr3684/BILLS -117hr3684enr.pdf
Federal Highway Administration – Florida Division
http://www.fhwa.dot.gov/fldiv/
Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS)
https://www.fsrs.gov/
Alt Form 525-010-40F
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-011-0F
LOCAL PROGRAMS
04/24
Page 1 of 2
EXHIBIT F
CONTRACT PAYMENT REQUIREMENTS
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of
expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall
be submitted for each amount for which reimbursement is being claimed indicatin g that
the item has been paid. Documentation for each amount for which reimbursement is
being claimed must indicate that the item has been paid. Check numbers may be provided
in lieu of copies of actual checks. Each piece of documentation should clearly r eflect the
dates of service. Only expenditures for categories in the approved agreement budget may
be reimbursed. These expenditures must be allowable (pursuant to law) and directly
related to the services being provided.
Listed below are types and examples of supporting documentation for cost
reimbursement agreements:
Salaries: Timesheets that support the hours worked on the project or activity must be
kept. A payroll register, or similar documentation should be maintained. The payroll
register should show gross salary charges, fringe benefits, other deductions and net pay.
If an individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
Fringe benefits: Fringe benefits should be supported by invoices showing the amount
paid on behalf of the employee, e.g., insurance premiums paid. If the contract specifically
states that fringe benefits will be based on a specified percentage rather than the actual
cost of fringe benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of
checks for fringe benefits.
Travel: Reimbursement for travel must be in accordance with s. 112.061, F.S., which
includes submission of the claim on the approved state travel voucher along with
supporting receipts and invoices.
Other direct costs: Reimbursement will be made based on paid invoices/receipts and
proof of payment processing (cancelled/processed checks and bank statements). If
nonexpendable property is purchased using state funds, the contract should include a
provision for the transfer of the property to the State when services are terminated.
Documentation must be provided to show compliance with DMS Rule 60A -1.017, F.A.C.,
regarding the requirements for contracts which include services and that provide for the
contractor to purchase tangible personal property as defined in s. 273.02, F.S., for
subsequent transfer to the State.
Indirect costs: If the contract stipulates that indirect costs will be paid based on a
specified rate, then the calculation should be shown. Indirect costs must be in the
approved agreement budget and the entity must be able to demonstrate that the costs
are not duplicated elsewhere as direct costs. All indirect cost rates must be evaluated for
reasonableness and for allowability and must be allocated consistently.
Contracts between state agencies may submit alternative documentation to
substantiate the reimbursement request, which may be in the form of FLAIR reports
or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State
Expenditures can be found at this web address
https://www.myfloridacfo.com/docs -sf/accounting-and-auditing-libraries/state-
agencies/reference-guide-for-state -expenditures.pdf.
Alt Form 525-010-40G
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-011-0G
LOCAL PROGRAMS
10/23
Page 1 of 1
EXHIBIT G
FHWA FORM 1273
FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC – COMPLIANCE
WITH FHWA 1273.
The FHWA-1273 version dated October 23, 2023 is appended in its entirety to this Exhibit. FHWA-1273 may also be
referenced on the Department’s website at the following URL address:
http://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf
Sub-recipients of federal grants awards for Federal -Aid Highway construction shall take responsibility to obtain this
information and comply with all provisions contained in FHWA-1273.
1
FHWA-1273 – Revised October 23, 2023
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under title 23, United States
Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services). 23 CFR
633.102(e).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider. 23
CFR 633.102(e).
Form FHWA-1273 must be included in all Federal-aid design-
build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services) in accordance with 23 CFR 633.102. The
design-builder shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents,
however, the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts, subcontracts and
lower-tier subcontracts (excluding purchase orders, rental
agreements and other agreements for supplies or services
related to a construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract. 23
CFR 633.102(d).
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal-aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. 23 U.S.C. 114(b).
The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors.
23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230,
Subpart A, Appendix A are applicable to all Federal-aid
construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR
Part 230 are not applicable to material supply, engineering, or
architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR
Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794),
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.
2000d et seq.), and related regulations including 49 CFR Parts
21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR Part 60,
and 29 CFR Parts 1625-1627. The contracting agency and
the FHWA have the authority and the responsibility to ensure
compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.
2000d et seq.), and related regulations including 49 CFR Parts
21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230,
Subpart A, Appendix A, with appropriate revisions to conform
to the U.S. Department of Labor (US DOL) and FHWA
requirements.
2
1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to
take affirmative action to assure equal opportunity as set forth
under laws, executive orders, rules, regulations (see 28 CFR
Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR
Part 60 and 49 CFR Part 27) and orders of the Secretary of
Labor as modified by the provisions prescribed herein, and
imposed pursuant to 23 U.S.C. 140, shall constitute the EEO
and specific affirmative action standards for the contractor's
project activities under this contract. The provisions of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630
are incorporated by reference in this contract. In the execution
of this contract, the contractor agrees to comply with the
following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract. 23 CFR 230.409 (g)(4) & (5).
b. The contractor will accept as its operating policy the
following statement:
"It is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex,
sexual orientation, gender identity, color, national origin, age
or disability. Such action shall include: 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, pre-apprenticeship, and/or on-the-job
training."
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so.
3. Dissemination of Policy: All members of the contractor's
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action or are
substantially involved in such action, will be made fully
cognizant of and will implement the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer or other knowledgeable company official.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractor's EEO obligations within
thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the
contractor's procedures for locating and hiring minorities and
women.
d. Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or
other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from
which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees and establish with such
identified sources procedures whereby minority and women
applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractor's
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, age or disability.
The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project
sites to ensure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, will attempt to resolve
such complaints, and will take appropriate corrective action
3
within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations, the
contractor shall make full use of training programs (i.e.,
apprenticeship and on-the-job training programs for the
geographical area of contract performance). In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. 23 CFR
230.409. Actions by the contractor, either directly or through a
contractor's association acting as agent, will include the
procedures set forth below:
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, sexual orientation,
gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and shall set forth what efforts have
been made to obtain such information.
d. In the event the union is unable to provide the contractor
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement, the contractor will,
through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, age, or disability;
making full efforts to obtain qualified and/or qualifiable
minorities and women. The failure of a union to provide
sufficient referrals (even though it is obligated to provide
exclusive referrals under the terms of a collective bargaining
agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the
contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established
thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so
would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual
orientation, gender identity, national origin, age, or disability in
the selection and retention of subcontractors, including
procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to
ensure nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential subcontractors,
suppliers, and lessors of their EEO obligations under this
contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry
out applicable requirements of 49 CFR part 26 in the award
and administration of DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-
responsible.
c. The Title VI and nondiscrimination provisions of U.S.
DOT Order 1050.2A at Appendixes A and E are incorporated
by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of
three years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the
following:
4
(1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women.
b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of
the project indicating the number of minority, women, and non-
minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Form FHWA-1391. The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the-job
training is being required by special provision, the contractor
will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction
contracts and to all related construction subcontracts of more
than $10,000. 41 CFR 60-1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure
that facilities provided for employees are provided in such a
manner that segregation on the basis of race, color, religion,
sex, sexual orientation, gender identity, or national origin
cannot result. The contractor may neither require such
segregated use by written or oral policies nor tolerate such use
by employee custom. The contractor's obligation extends
further to ensure that its employees are not assigned to
perform their services at any location under the contractor's
control where the facilities are segregated. The term "facilities"
includes waiting rooms, work areas, restaurants and other
eating areas, time clocks, restrooms, washrooms, locker
rooms and other storage or dressing areas, parking lots,
drinking fountains, recreation or entertainment areas,
transportation, and housing provided for employees. The
contractor shall provide separate or single-user restrooms and
necessary dressing or sleeping areas to assure privacy
between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction
projects exceeding $2,000 and to all related subcontracts and
lower-tier subcontracts (regardless of subcontract size), in
accordance with 29 CFR 5.5. The requirements apply to all
projects located within the right-of-way of a roadway that is
functionally classified as Federal-aid highway. 23 U.S.C. 113.
This excludes roadways functionally classified as local roads
or rural minor collectors, which are exempt. 23 U.S.C. 101.
Where applicable law requires that projects be treated as a
project on a Federal-aid highway, the provisions of this subpart
will apply regardless of the location of the project. Examples
include: Surface Transportation Block Grant Program projects
funded under 23 U.S.C. 133 [excluding recreational trails
projects], the Nationally Significant Freight and Highway
Projects funded under 23 U.S.C. 117, and National Highway
Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 “Contract provisions and
related matters” with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or
otherwise working in construction or development of the
project under a development statute), will be paid
unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics. As provided in paragraphs (d) and (e) of 29
CFR 5.5, the appropriate wage determinations are effective by
operation of law even if they have not been attached to the
contract. Contributions made or costs reasonably anticipated
for bona fide fringe benefits under the Davis-Bacon Act (40
U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject
to the provisions of paragraph 1.e. of this section; also, regular
contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics must be paid the
appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually
performed, without regard to skill, except as provided in
paragraph 4. of this section. Laborers or mechanics performing
work in more than one classification may be compensated at
the rate specified for each classification for the time actually
worked therein: Provided, That the employer's payroll records
accurately set forth the time spent in each classification in
which work is performed. The wage determination (including
any additional classifications and wage rates conformed under
paragraph 1.c. of this section) and the Davis-Bacon poster
(WH–1321) must be posted at all times by the contractor and
its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers.
b. Frequently recurring classifications. (1) In addition to wage
and fringe benefit rates that have been determined to be
prevailing under the procedures set forth in 29 CFR part 1, a
wage determination may contain, pursuant to § 1.3(f), wage
and fringe benefit rates for classifications of laborers and
mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided
that:
(i) The work performed by the classification is not
performed by a classification in the wage determination for
which a prevailing wage rate has been determined;
5
(ii) The classification is used in the area by the
construction industry; and
(iii) The wage rate for the classification bears a reasonable
relationship to the prevailing wage rates contained in the
wage determination.
(2) The Administrator will establish wage rates for such
classifications in accordance with paragraph 1.c.(1)(iii) of this
section. Work performed in such a classification must be paid
at no less than the wage and fringe benefit rate listed on the
wage determination for such classification.
c. Conformance. (1) The contracting officer must require that
any class of laborers or mechanics, including helpers, which is
not listed in the wage determination and which is to be
employed under the contract be classified in conformance with
the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate
only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(ii) The classification is used in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications
listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount designated
for fringe benefits where appropriate), a report of the action
taken will be sent by the contracting officer by email to
DBAconformance@dol.gov. The Administrator, or an
authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt
and so advise the contracting officer or will notify the
contracting officer within the 30–day period that additional time
is necessary.
(4) In the event the contractor, the laborers or mechanics to
be employed in the classification or their representatives, and
the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated
for fringe benefits, where appropriate), the contracting officer
will, by email to DBAconformance@dol.gov, refer the
questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator
for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of
receipt and so advise the contracting officer or will notify the
contracting officer within the 30–day period that additional time
is necessary.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division
under paragraphs 1.c.(3) and (4) of this section. The contractor
must furnish a written copy of such determination to each
affected worker or it must be posted as a part of the wage
determination. The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraph 1.c.(3) or (4) of
this section must be paid to all workers performing work in the
classification under this contract from the first day on which
work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate.
Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics includes a fringe benefit
which is not expressed as an hourly rate, the contractor may
either pay the benefit as stated in the wage determination or
may pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
e. Unfunded plans. If the contractor does not make
payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program, Provided, That
the Secretary of Labor has found, upon the written request of
the contractor, in accordance with the criteria set forth in
§ 5.28, that the applicable standards of the Davis-Bacon Act
have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the
meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the
wages required by the contract, the contractor will be required
to pay interest on any underpayment of wages.
2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may,
upon its own action, or must, upon written request of an
authorized representative of the Department of Labor, withhold
or cause to be withheld from the contractor so much of the
accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any
subcontractor for the full amount of wages and monetary relief,
including interest, required by the clauses set forth in this
section for violations of this contract, or to satisfy any such
liabilities required by any other Federal contract, or federally
assisted contract subject to Davis-Bacon labor standards, that
is held by the same prime contractor (as defined in § 5.2). The
necessary funds may be withheld from the contractor under
this contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract that is
subject to Davis-Bacon labor standards requirements and is
held by the same prime contractor, regardless of whether the
other contract was awarded or assisted by the same agency,
and such funds may be used to satisfy the contractor liability
for which the funds were withheld. In the event of a
contractor's failure to pay any laborer or mechanic, including
any apprentice or helper working on the site of the work all or
part of the wages required by the contract, or upon the
contractor's failure to submit the required records as discussed
in paragraph 3.d. of this section, the contracting agency may
on its own initiative and after written notice to the contractor,
take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of
funds until such violations have ceased.
b. Priority to withheld funds. The Department has priority to
funds withheld or to be withheld in accordance with paragraph
6
2.a. of this section or Section V, paragraph 3.a., or both, over
claims to those funds by:
(1) A contractor's surety(ies), including without limitation
performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S.
trustee, or both) in bankruptcy of a contractor, or a contractor's
bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
3. Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record retention.
All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the
course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise
working in construction or development of the project under a
development statute) for a period of at least 3 years after all
the work on the prime contract is completed.
(2) Information required. Such records must contain the
name; Social Security number; last known address, telephone
number, and email address of each such worker; each
worker's correct classification(s) of work actually performed;
hourly rates of wages paid (including rates of contributions or
costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in 40 U.S.C.
3141(2)(B) of the Davis-Bacon Act); daily and weekly number
of hours actually worked in total and on each covered contract;
deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever
the Secretary of Labor has found under paragraph 1.e. of this
section that the wages of any laborer or mechanic include the
amount of any costs reasonably anticipated in providing
benefits under a plan or program described in 40 U.S.C.
3141(2)(B) of the Davis-Bacon Act, the contractor must
maintain records which show that the commitment to provide
such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected,
and records which show the costs anticipated or the actual
cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors
with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship
programs, the registration of the apprentices, and the ratios
and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method
of submission. The contractor or subcontractor must submit
weekly, for each week in which any DBA- or Related Acts-
covered work is performed, certified payrolls to the contracting
agency. The prime contractor is responsible for the submission
of all certified payrolls by all subcontractors. A contracting
agency or prime contractor may permit or require contractors
to submit certified payrolls through an electronic system, as
long as the electronic system requires a legally valid electronic
signature; the system allows the contractor, the contracting
agency, and the Department of Labor to access the certified
payrolls upon request for at least 3 years after the work on the
prime contract has been completed; and the contracting
agency or prime contractor permits other methods of
submission in situations where the contractor is unable or
limited in its ability to use or access the electronic system.
(2) Information required. The certified payrolls submitted
must set out accurately and completely all of the information
required to be maintained under paragraph 3.a.(2) of this
section, except that full Social Security numbers and last
known addresses, telephone numbers, and email addresses
must not be included on weekly transmittals. Instead, the
certified payrolls need only include an individually identifying
number for each worker ( e.g., the last four digits of the
worker's Social Security number). The required weekly
certified payroll information may be submitted using Optional
Form WH–347 or in any other format desired. Optional Form
WH–347 is available for this purpose from the Wage and Hour
Division website at https://www.dol.gov/sites/dolgov/files/WHD/
legacy/files/wh347/.pdf or its successor website. It is not a
violation of this section for a prime contractor to require a
subcontractor to provide full Social Security numbers and last
known addresses, telephone numbers, and email addresses to
the prime contractor for its own records, without weekly
submission by the subcontractor to the contracting agency.
(3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the
contractor's or subcontractor's agent who pays or supervises
the payment of the persons working on the contract, and must
certify the following:
(i) That the certified payroll for the payroll period contains
the information required to be provided under paragraph 3.b.
of this section, the appropriate information and basic records
are being maintained under paragraph 3.a. of this section,
and such information and records are correct and complete;
(ii) That each laborer or mechanic (including each helper
and apprentice) working on the contract during the payroll
period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions
have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set
forth in 29 CFR part 3; and
(iii) That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash
equivalents for the classification(s) of work actually
performed, as specified in the applicable wage determination
incorporated into the contract.
(4) Use of Optional Form WH–347. The weekly submission
of a properly executed certification set forth on the reverse
side of Optional Form WH–347 will satisfy the requirement for
submission of the “Statement of Compliance” required by
paragraph 3.b.(3) of this section.
7
(5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent
must be an original handwritten signature or a legally valid
electronic signature.
(6) Falsification. The falsification of any of the above
certifications may subject the contractor or subcontractor to
civil or criminal prosecution under 18 U.S.C. 1001 and 31
U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or
subcontractor must preserve all certified payrolls during the
course of the work and for a period of 3 years after all the work
on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or
subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and
extensions. The contractor or subcontractor must preserve
these contracts, subcontracts, and related documents during
the course of the work and for a period of 3 years after all the
work on the prime contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other
documents that the contracting agency, the State DOT, the
FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of
any of the applicable statutes referenced by § 5.1, available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on
the job.
(2) Sanctions for non-compliance with records and worker
access requirements. If the contractor or subcontractor fails to
submit the required records or to make them available, or
refuses to permit worker interviews during working hours on
the job, the Federal agency may, after written notice to the
contractor, sponsor, applicant, owner, or other entity, as the
case may be, that maintains such records or that employs
such workers, take such action as may be necessary to cause
the suspension of any further payment, advance, or guarantee
of funds. Furthermore, failure to submit the required records
upon request or to make such records available, or to permit
worker interviews during working hours on the job, may be
grounds for debarment action pursuant to § 5.12. In addition,
any contractor or other person that fails to submit the required
records or make those records available to WHD within the
time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative
proceeding under 29 CFR part 6 any of the required records
that were not provided or made available to WHD. WHD will
take into consideration a reasonable request from the
contractor or person for an extension of the time for
submission of records. WHD will determine the
reasonableness of the request and may consider, among other
things, the location of the records and the volume of
production.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number
and last known address, telephone number, and email address
of each covered worker, and must provide them upon request
to the contracting agency, the State DOT, the FHWA, the
contractor, or the Wage and Hour Division of the Department
of Labor for purposes of an investigation or other compliance
action.
4. Apprentices and equal employment opportunity (29 CFR
5.5)
a. Apprentices (1) Rate of pay. Apprentices will be permitted
to work at less than the predetermined rate for the work they
perform when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered
with the U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship (OA), or with a State
Apprenticeship Agency recognized by the OA. A person who is
not individually registered in the program, but who has been
certified by the OA or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an
apprentice, will be permitted to work at less than the
predetermined rate for the work they perform in the first 90
days of probationary employment as an apprentice in such a
program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to use apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits
in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification,
fringe benefits must be paid in accordance with that
determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to
journeyworkers on the job site in any craft classification must
not be greater than the ratio permitted to the contractor as to
the entire work force under the registered program or the ratio
applicable to the locality of the project pursuant to paragraph
4.a.(4) of this section. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated in paragraph 4.a.(1) of this section, must
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
In addition, any apprentice performing work on the job site in
excess of the ratio permitted under this section must be paid
not less than the applicable wage rate on the wage
determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor
is performing construction on a project in a locality other than
the locality in which its program is registered, the ratios and
wage rates (expressed in percentages of the journeyworker's
hourly rate) applicable within the locality in which the
construction is being performed must be observed. If there is
no applicable ratio or wage rate for the locality of the project,
the ratio and wage rate specified in the contractor's registered
program must be observed.
b. Equal employment opportunity. The use of apprentices
and journeyworkers under this part must be in conformity with
8
the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and
skill training programs which have been certified by the
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV.
23 CFR 230.111(e)(2). The straight time hourly wage rates for
apprentices and trainees under such programs will be
established by the particular programs. The ratio of
apprentices and trainees to journeyworkers shall not be
greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract as
provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor must insert
FHWA-1273 in any subcontracts, along with the applicable
wage determination(s) and such other clauses or contract
modifications as the contracting agency may by appropriate
instructions require, and a clause requiring the subcontractors
to include these clauses and wage determination(s) in any
lower tier subcontracts. The prime contractor is responsible for
the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In
the event of any violations of these clauses, the prime
contractor and any subcontractor(s) responsible will be liable
for any unpaid wages and monetary relief, including interest
from the date of the underpayment or loss, due to any workers
of lower-tier subcontractors, and may be subject to debarment,
as appropriate. 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis-
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract as
provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29
CFR 5.5, disputes arising out of the labor standards provisions
of this contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor
set forth in 29 CFR parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor
(or any of its subcontractors) and the contracting agency, the
U.S. Department of Labor, or the employees or their
representatives.
10. Certification of eligibility. a. By entering into this contract,
the contractor certifies that neither it nor any person or firm
who has an interest in the contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of 40
U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any
person or firm ineligible for award of a Government contract by
virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in
the U.S. Code, Title 18 Crimes and Criminal Procedure, 18
U.S.C. 1001.
11. Anti-retaliation. It is unlawful for any person to discharge,
demote, intimidate, threaten, restrain, coerce, blacklist, harass,
or in any other manner discriminate against, or to cause any
person to discharge, demote, intimidate, threaten, restrain,
coerce, blacklist, harass, or in any other manner discriminate
against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker
reasonably believes constitutes a violation of the DBA, Related
Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated
any proceeding, or otherwise asserting or seeking to assert on
behalf of themselves or others any right or protection under the
DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance
action, or testifying in any proceeding under the DBA, Related
Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the
DBA, Related Acts, this part, or 29 CFR part 1 or 3.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any
Federal-aid construction contract in an amount in excess of
$100,000 and subject to the overtime provisions of the
Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by
29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the
terms laborers and mechanics include watchpersons and
guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek. 29 CFR
5.5.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph 1. of this section the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages and interest from the date of the underpayment.
In addition, such contractor and subcontractor shall be liable to
the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or
9
mechanic, including watchpersons and guards, employed in
violation of the clause set forth in paragraph 1. of this section,
in the sum currently provided in 29 CFR 5.5(b)(2)* for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may
be adjusted annually by the Department of Labor, pursuant to
the Federal Civil Penalties Inflation Adjustment Act of 1990.
3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting
agency may, upon its own action, or must, upon written
request of an authorized representative of the Department of
Labor, withhold or cause to be withheld from the contractor so
much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime
contractor or any subcontractor for any unpaid wages;
monetary relief, including interest; and liquidated damages
required by the clauses set forth in this section on this
contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract subject to
the Contract Work Hours and Safety Standards Act that is held
by the same prime contractor (as defined in § 5.2). The
necessary funds may be withheld from the contractor under
this contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract that is
subject to the Contract Work Hours and Safety Standards Act
and is held by the same prime contractor, regardless of
whether the other contract was awarded or assisted by the
same agency, and such funds may be used to satisfy the
contractor liability for which the funds were withheld.
b. Priority to withheld funds. The Department has priority to
funds withheld or to be withheld in accordance with Section IV
paragraph 2.a. or paragraph 3.a. of this section, or both, over
claims to those funds by:
(1) A contractor's surety(ies), including without limitation
performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S.
trustee, or both) in bankruptcy of a contractor, or a contractor's
bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
4. Subcontracts. The contractor or subcontractor must insert
in any subcontracts the clauses set forth in paragraphs 1.
through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs 1. through 5. In the
event of any violations of these clauses, the prime contractor
and any subcontractor(s) responsible will be liable for any
unpaid wages and monetary relief, including interest from the
date of the underpayment or loss, due to any workers of lower-
tier subcontractors, and associated liquidated damages and
may be subject to debarment, as appropriate.
5. Anti-retaliation. It is unlawful for any person to discharge,
demote, intimidate, threaten, restrain, coerce, blacklist, harass,
or in any other manner discriminate against, or to cause any
person to discharge, demote, intimidate, threaten, restrain,
coerce, blacklist, harass, or in any other manner discriminate
against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker
reasonably believes constitutes a violation of the Contract
Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated
any proceeding, or otherwise asserting or seeking to assert on
behalf of themselves or others any right or protection under
CWHSSA or this part;
c. Cooperating in any investigation or other compliance
action, or testifying in any proceeding under CWHSSA or this
part; or
d. Informing any other person about their rights under
CWHSSA or this part.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction
contracts on the National Highway System pursuant to 23 CFR
635.116.
1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty items
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such
specialty items performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractor's own organization
(23 CFR 635.116).
a. The term “perform work with its own organization” in
paragraph 1 of Section VI refers to workers employed or
leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime
contractor, or any other assignees. The term may include
payments for the costs of hiring leased employees from an
employee leasing firm meeting all relevant Federal and State
regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the
following conditions: (based on longstanding interpretation)
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality
of the work of the leased employees;
10
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon
which the requirements set forth in paragraph (1) of Section VI
is computed includes the cost of material and manufactured
products which are to be purchased or produced by the
contractor under the contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish
(a) a competent superintendent or supervisor who is employed
by the firm, has full authority to direct performance of the work
in accordance with the contract requirements, and is in charge
of all construction operations (regardless of who performs the
work) and (b) such other of its own organizational resources
(supervision, management, and engineering services) as the
contracting officer determines is necessary to assure the
performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract. (based on long-
standing interpretation of 23 CFR 635.116).
5. The 30-percent self-performance requirement of paragraph
(1) is not applicable to design-build contracts; however,
contracting agencies may establish their own self-performance
requirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation (23 CFR Part 635).
The contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be
reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract. 23 CFR 635.108.
2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safety and
health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C.
3704). 29 CFR 1926.10.
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry
out the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C.
3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made
by engineers, contractors, suppliers, and workers on Federal-
aid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR Part 635) in one or more
places where it is readily available to all persons concerned
with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a
person, association, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to
be used, or the quantity or quality of the work performed or to
be performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal-aid
Roads Act approved July 11, 1916, (39 Stat. 355), as
amended and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
11
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction
contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.327.
By submission of this bid/proposal or the execution of this
contract or subcontract, as appropriate, the bidder, proposer,
Federal-aid construction contractor, subcontractor, supplier, or
vendor agrees to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act (42 U.S.C.
7401-7671q) and the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251-1387). Violations must be reported
to the Federal Highway Administration and the Regional Office
of the Environmental Protection Agency. 2 CFR Part 200,
Appendix II.
The contractor agrees to include or cause to be included the
requirements of this Section in every subcontract, and further
agrees to take such action as the contracting agency may
direct as a means of enforcing such requirements. 2 CFR
200.327.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost $25,000 or more – as
defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective
first tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective first tier participant shall
submit an explanation of why it cannot provide the certification
set out below. The certification or explanation will be
considered in connection with the department or agency's
determination whether to enter into this transaction. However,
failure of the prospective first tier participant to furnish a
certification or an explanation shall disqualify such a person
from participation in this transaction. 2 CFR 180.320.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default. 2 CFR
180.325.
d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200.
“First Tier Covered Transactions” refers to any covered
transaction between a recipient or subrecipient of Federal
funds and a participant (such as the prime or general contract).
“Lower Tier Covered Transactions” refers to any covered
transaction under a First Tier Covered Transaction (such as
subcontracts). “First Tier Participant” refers to the participant
who has entered into a covered transaction with a recipient or
subrecipient of Federal funds (such as the prime or general
contractor). “Lower Tier Participant” refers any participant who
has entered into a covered transaction with a First Tier
Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by
the department or agency entering into this transaction. 2
CFR 180.330.
g. The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transactions,"
provided by the department or contracting agency, entering
into this covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold. 2 CFR
180.220 and 180.300.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. 2 CFR 180.300;
180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. 2
CFR 180.335. To verify the eligibility of its principals, as well
as the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the System for
Award Management website (https://www.sam.gov/). 2 CFR
180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause
or default. 2 CFR 180.325.
* * * * *
12
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing
a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property, 2 CFR 180.800;
(3) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph (a)(2) of this certification, 2 CFR 180.700 and
180.800; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default. 2
CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony
violation under any Federal law within the two-year period
preceding this proposal (USDOT Order 4200.6 implementing
appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability
that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed,
and that is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax
liability (USDOT Order 4200.6 implementing appropriations act
requirements).
b. Where the prospective participant is unable to certify to
any of the statements in this certification, such prospective
participant should attach an explanation to this proposal. 2
CFR 180.335 and 180.340.
* * * * *
3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective
lower tier participant is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
this transaction originated may pursue available remedies,
including suspension and/or debarment.
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.
You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those
regulations. “First Tier Covered Transactions” refers to any
covered transaction between a recipient or subrecipient of
Federal funds and a participant (such as the prime or general
contract). “Lower Tier Covered Transactions” refers to any
covered transaction under a First Tier Covered Transaction
(such as subcontracts). “First Tier Participant” refers to the
participant who has entered into a covered transaction with a
recipient or subrecipient of Federal funds (such as the prime or
general contractor). “Lower Tier Participant” refers any
participant who has entered into a covered transaction with a
First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless
authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the System for
Award Management website (https://www.sam.gov/), which is
compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render
in good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
13
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment. 2 CFR 180.325.
* * * * *
4. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
a. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals:
(1) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;
(2) is a corporation that has been convicted of a felony
violation under any Federal law within the two-year period
preceding this proposal (USDOT Order 4200.6 implementing
appropriations act requirements); and
(3) is a corporation with any unpaid Federal tax liability that
has been assessed, for which all judicial and administrative
remedies have been exhausted, or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability.
(USDOT Order 4200.6 implementing appropriations act
requirements)
b. Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant should attach an explanation to this
proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
XII. USE OF UNITED STATES-FLAG VESSELS:
This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, or any other
covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is
acquired for a specific Federal-aid highway project. 46 CFR
381.7. It is not applicable to goods or materials that come into
inventories independent of an FHWA funded-contract.
When oceanic shipments (or shipments across the Great
Lakes) are necessary for materials or equipment acquired for a
specific Federal-aid construction project, the bidder, proposer,
contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States-flag commercial
vessels to ship at least 50 percent of the gross tonnage
(computed separately for dry bulk carriers, dry cargo liners,
and tankers) involved, whenever shipping any equipment,
material, or commodities pursuant to this contract, to the
extent such vessels are available at fair and reasonable rates
for United States-flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for
shipments originating within the United States or within 30
working days following the date of loading for shipments
originating outside the United States, a legible copy of a rated,
‘on-board’ commercial ocean bill-of-lading in English for each
shipment of cargo described in paragraph (b)(1) of this section
to both the Contracting Officer (through the prime contractor in
the case of subcontractor bills-of-lading) and to the Office of
Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified
onboard, dated, with rates and charges. These bills of lading
may contain business sensitive information and therefore may
be submitted directly to MARAD by the Ocean Transportation
Intermediary on behalf of the contractor). 46 CFR 381.7.
14
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done
as on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1c) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work, (b) the number of employees required in
each classification, (c) the date on which the participant
estimates such employees will be required, and (d) any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work, the
information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify
the State Employment Service.
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion, are not qualified to
perform the classification of work required.
4. If, within one week following the placing of a job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate, notwithstanding the provisions of subparagraph (1c)
above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
6. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be, done as on-site work.
Alt Form 525-010-40H
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-011-0H
LOCAL PROGRAMS
4/24
Page 1 of 1
EXHIBIT H
ALTERNATIVE ADVANCE PAYMENT FINANCIAL PROVISIONS
If payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216,
Florida Statutes or the Department’s Comptroller under Section 334.044(29), Florida Statutes:
1. The invoiced amount to the Department for contractor(s) and consultant(s) cannot exceed the amount of
the invoice received from the Recipient’s contractor(s) or consultant(s).
2. All of the Recipient’s costs must have been incurred and paid prior to the date of the invoice.
3. All invoices received from the Recipient shall clearly separate the cost of the contractor(s) or consultant(s)
from the Recipient’s costs billed to the Department.
4. All invoices submitted to the Department must provide complete documentation, including a copy of the
contractor’s or consultant’s invoice(s), to substantiate the cost on the invoice.
5. The Recipient must certify on each invoice that the costs from the contractor(s) or consultant(s) are valid
and have been incurred by the contractor(s) or consultant(s).
6. Each monthly invoice subsequent to the first invoice from the Recipient must contain a statement from the
Recipient that the previous month’s cost incurred by the contractor(s) or consultant(s) has been paid by the
Recipient to the contractor(s) or consultant(s).
City of Dania Beach
Public Services Memorandum
DATE: 5/12/2026
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager
Fernando J. Rodriguez, Public Services Director
SUBJECT: AUTHORIZATION TO AWARD BID ITB NO. 26-005 “CITYWIDE
IRRIGATION SERVICES”
Request:
The Public Services Department requests approval of a resolution authorizing the award of Bid
ITB No. 26-005, “Citywide Irrigation Services,” to Sam’s Landscape Maintenance.
Background:
The City requires comprehensive, professionally managed irrigation services to maintain the
functionality, safety, and appearance of municipal landscapes throughout the City. These
irrigation systems support a wide range of public assets, including parks, athletic fields, medians,
rights-of-way, streetscapes, and passive green spaces, all of which are heavily utilized by
residents and visitors.
The City’s irrigation infrastructure is extensive and complex, consisting of pumps, controllers,
valves, piping systems, and irrigation heads distributed across multiple locations. Routine
inspection, maintenance, and timely repairs are essential to prevent system failures, reduce water
loss, preserve turf and landscaping, and protect public investments.
The procurement effort was conducted through a competitive bidding process under ITB No. 26-
005. Bids were received on April 3, 2026, and one responsive bid was submitted by Sam’s
Landscape Maintenance.
The bidder provided unit-based pricing for labor and materials as summarized below:
• Regular Hourly Rates:
o Journeyman: Fifty-Five Dollars ($55.00) per hour
o Laborer/Helper: Thirty-Five Dollars ($35.00) per hour
• Overtime Hourly Rates:
o Journeyman: Eighty-Two Dollars and Fifty Cents ($82.50) per hour
o Laborer/Helper: Fifty-Two Dollars and Fifty Cents ($52.50) per hour
• Emergency Work Hourly Rates:
o Journeyman: One Hundred Dollars ($100.00) per hour
o Laborer/Helper: Seventy-Five Dollars ($75.00) per hour
• Material Mark-Up:
o Ten Percent (10%)
Sam’s Landscape Maintenance was determined to be a responsive and responsible bidder and
meets the City’s requirements for providing reliable and efficient irrigation services.
Furthermore, the City has had experience working with this contractor for several years, as
Sam’s provides landscape maintenance services for the City. Contracting with a qualified vendor
will ensure proper system performance, support water conservation efforts, and maintain the
overall quality and usability of the City’s public spaces.
Budgetary Impact
Funding for these services is available within the City’s operating budget from the Landscape
Maintenance Account No. 001-39-04-539-46-50. Work will be performed on an as-needed basis
utilizing the unit pricing provided, and expenditures will be subject to annual budget
appropriations.
Recommendation
The Public Services Department recommends that the City Commission adopt the attached
resolution authorizing the award of Bid ITB No. 26-005, “Citywide Irrigation Services,” to
Sam’s Landscape Maintenance.
RESOLUTION NO. 2026-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE AWARD OF INVITATION TO BID
(ITB) NO. 26-005 “CITYWIDE IRRIGATION SERVICES” TO SAM’S
LANDSCAPE MAINTENANCE; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT AND ANY NECESSARY DOCUMENTS;
PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
the City of Dania Beach requires citywide irrigation services to maintain
municipal landscaped areas, including parks, rights-of-way, medians, and other public areas; and
the City’s irrigation systems are critical infrastructure requiring regular
maintenance, inspection, and repair to ensure efficient operation, prevent water loss, and maintain
the aesthetic and functional quality of public spaces; and
the City issued Bid ITB No. 26-005, “Citywide Irrigation Services,” in
accordance with applicable procurement requirements; and
bids were publicly solicited and opened on April 3, 2026, resulting in one
(1) bid being received from Sam’s Landscape Maintenance; and
Sam’s Landscape Maintenance submitted unit pricing including hourly
labor rates and a material mark-up, and was determined to be the lowest responsive and
responsible bidder; and
the City Commission finds that awarding the contract to Sam’s Landscape
Maintenance is in the best interest of the City;
That the above “Whereas” clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
The City Commission hereby approves the award of Bid ITB No. 26-005,
“Citywide Irrigation Services,” to Sam’s Landscape Maintenance.
That funding will be appropriated from the Landscape Maintenance
Account No. 001-39-04-539-46-50.
That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
2 RESOLUTION #2026-____
Section 5. That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED on __________________, 2026.
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
Procurement
-, -
100 W. Dania Beach Boulevard, Dania Beach, FL 33004
ITB No. 26-005
Citywide Irrigation Services
RESPONSE DEADLINE: April 3, 2026 at 10:00 am
Report Generated: Tuesday, April 28, 2026
irrigation system.
NOTICE IS GIVEN that the City of Dania Beach, Florida (the “City” or “Owner”) will be accepting sealed Bids for its “
”.
EXECUTIVE SUMMARY
ITB No. 26-005
Citywide Irrigation Services
EXECUTIVE SUMMARY
Invitation To Bid - Citywide Irrigation Services
Page 2
Bids will be accepted on the City's e-Procurement Portal at https://procurement.opengov.com/portal/daniabeachfl until Friday, April
3, 2026, 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.
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.
A bid bond of 5% of the bid price is required for this project.
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
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.
EXECUTIVE SUMMARY
ITB No. 26-005
Citywide Irrigation Services
EXECUTIVE SUMMARY
Invitation To Bid - Citywide Irrigation Services
Page 3
CITY OF DANIA BEACH, FLORIDA
Published on: Friday, March 13, 2026
pvs.orders.gov-
samlandscapes@gmail.com
EXECUTIVE SUMMARY
ITB No. 26-005
Citywide Irrigation Services
EXECUTIVE SUMMARY
Invitation To Bid - Citywide Irrigation Services
Page 4
Not to exceed 15% markup on all materials related to irrigation repairs
EXECUTIVE SUMMARY
ITB No. 26-005
Citywide Irrigation Services
EXECUTIVE SUMMARY
Invitation To Bid - Citywide Irrigation Services
Page 5
Mar 13, 2026 5:23 PM
Are you able to confirm of any bond requirements?
Mar 13, 2026 5:23 PM
Please refer to Addendum 2.
Mar 31, 2026 11:38 AM
EXECUTIVE SUMMARY
ITB No. 26-005
Citywide Irrigation Services
EXECUTIVE SUMMARY
Invitation To Bid - Citywide Irrigation Services
Page 6
City-wide
ADDENDA ISSUED:
Mar 20, 2026 8:44 AM
Please use the See What Changed link to view all the changes made by this addendum.
Mar 31, 2026 11:37 AM
Addendum 2
Attachments:
· Addendum 2-Q and A
ADDENDA ACKNOWLEDGEMENTS:
Addendum #1
Proposal Confirmed Confirmed At Confirmed By
Sam's Landscape Maintenance X Mar 28, 2026 1:19 PM Sabino Di Liddo
Addendum #2
Proposal Confirmed Confirmed At Confirmed By
Sam's Landscape Maintenance X Mar 31, 2026 7:14 PM Sabino Di Liddo
CITY OF DANIA BEACH, FLORIDA
CITYWIDE IRRIATION SERVICES
CITY INVITATION TO BID (“ITB.”) NO. 26-005
ADDENDUM 2
Prepared by:
City of Dania Beach, Florida
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
MARCH 31, 2026
CITY OF DANIA BEACH, FLORIDA
INVITATION TO BID FOR
“CITYWIDE IRRIGATION SERVICES”
ITB 26-005
ADDENDUM 2
QUESTIONS AND ANSWERS
1. Are you able to confirm any bond requirements? Please refer to the Notice to Bidders section,
which confirms that a bid bond in the amount of five percent (5%) of the total bid price is
required for this project. Additional instructions regarding bid bond requirements, including the
option for electronic bonding, can be found in Section 3.2 (Bid Security) and Section 6 (Bidder
Submissions), specifically subsections 4.1 and 4.1.2.
EXECUTIVE SUMMARY
ITB No. 26-005
Citywide Irrigation Services
EXECUTIVE SUMMARY
Invitation To Bid - Citywide Irrigation Services
Page 7
NOTICES ISSUED:
No Notices issued.
Maintenance
$0.00
5 Journeyman - Emergency Work Hourly Rate 1 Hour $100.00 $100.00
EXECUTIVE SUMMARY
ITB No. 26-005
Citywide Irrigation Services
EXECUTIVE SUMMARY
Invitation To Bid - Citywide Irrigation Services
Page 8
Not to exceed 15% markup on all materials related to irrigation repairs