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Home My WebLink About2026-09-14 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. NO INDIVIDUAL MAY SPEAK DIRECTLY TO OR ADDRESS THE MAYOR, CITY COMMISSIONER OR CITY STAFF: COMMENTS ARE TO BE ONLY DIRECTED TO THE COMMISSION AS A WHOLE. NO CLAPPING, APPLAUDING, HECKLING OR VERBAL OUTBURSTS IN SUPPORT OF OR OPPOSITION TO A SPEAKER OR HIS OR HER REMARKS SHALL BE PERMITTED. NO SIGNS OR PLACARDS SHALL BE PERMITTED IN THE COMMISSION CHAMBER. IF ANY PERSON’S CONDUCT AS DETERMINED BY THE MAYOR IS FOUND TO BE DISRUPTIVE OR INTERFERES WITH THE ORDERLY CONDUCT OF THE MEETING, THE PERSON MAY BE ASKED BY THE MAYOR TO LEAVE THE COMMISSION CHAMBERS; IF THE PERSON DOES NOT LEAVE AND THE CONDUCT PERSISTS, THE CITY POLICE DEPARTMENT WILL BE REQUESTED TO ESCORT THE INDIVIDUAL FROM THE CITY COMMISSION CHAMBERS. ALL CELLULAR TELEPHONES ARE TO BE SILENCED DURING THE MEETING. ALL PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. (RESOLUTION #2020-032) 1. CALL TO ORDER/ROLL CALL 2. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE 3. BUDGET PUBLIC HEARING ITEMS Agenda – Dania Beach City Commission 2 of 12 1. RESOLUTION NO. 2026-___ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE IMPOSITION OF FIRE RESCUE ASSESSMENTS AND PROVISION OF FIRE PROTECTION SERVICES, FACILITIES, AND PROGRAMS IN THE CITY OF DANIA BEACH, FLORIDA; RATIFYING, CONFIRMING, AND SUPPLEMENTING RESOLUTION NO. 2026-094; REIMPOSING FIRE RESCUE ASSESSMENTS WITH UPDATED ASSESSMENT RATES AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2026; APPROVING THE RATES OF ASSESSMENT; APPROVING THE FINAL ASSESSMENT ROLL; PROVIDING FOR A PUBLIC HEARING; PROVIDING FOR EFFECT OF ADOPTION OF RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (Finance) 2. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE SERVICE ASSESSMENTS IN THE CITY OF DANIA BEACH, FLORIDA; RE-IMPOSING SOLID WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE BOUNDARIES OF THE CITY OF DANIA BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2026; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR A PUBLIC HEARING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance) 3. RESOLUTION NO. 2026-___ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE PROVISION OF STORMWATER MANAGEMENT SERVICES IN THE CITY OF DANIA BEACH, FLORIDA; IMPOSING AND RE- IMPOSING STORMWATER ASSESSMENTS AGAINST PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2026; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR A PUBLIC HEARING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance) 4. RESOLUTION NO. 2026-___ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING THE PROPOSED MILLAGE RATE Agenda – Dania Beach City Commission 3 of 12 NECESSARY TO BE LEVIED FOR THE FISCAL YEAR 2026-2027 FOR OPERATING PURPOSES; ESTABLISHING THE DEBT MILLAGE APPROVED BY THE ELECTORATE; PROVIDING FOR A PUBLIC HEARING WHEN AND WHERE OBJECTIONS MAY BE HEARD AND QUESTIONS CONCERNING THE SAME WILL BE ANSWERED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance) 5. RESOLUTION NO. 2026-___ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING A TENTATIVE ANNUAL BUDGET FOR THE CITY FOR THE FISCAL YEAR 2026-2027; PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS WILL BE HEARD AND QUESTIONS CONCERNING THE BUDGET WILL BE ANSWERED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance) 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 1. Request for Proclamation Approval: - HR Professionals Day (September 26, 2026) 5. PROCLAMATIONS 1. Hispanic Heritage Month — September 2026 — Sponsored by Commissioner Lewellen 2. Hunger Action Month — September 2026 — Sponsored by Commissioner Rimoli 3. National Diaper Need Awareness Week — September 14–20, 2026 — Sponsored by Mayor Davis 6. ADMINISTRATIVE REPORTS 1. City Manager 2. City Attorney 3. City Clerk - Reminders: - September 24, 2026 Final Budget Hearing / City Commission Meeting - 7 p.m. - October 13, 2026 - CRA Board Meeitng - 6 p.m. - October 13, 2026 - City Commission Meeitng - 7 p.m. 7. PUBLIC SAFETY REPORTS 8. CITIZENS' COMMENTS Agenda – Dania Beach City Commission 4 of 12 Addressing the Commission: A thirty (30) minute "Citizen Comments" period shall be designated on the agenda for citizens and interested persons to speak on matters whether or not scheduled on that day's agenda. Individuals wishing to speak on a matter not included on the "Public Hearing" section of the agenda, which matter pertains to an item before the City Commission which requires a decision of the City Commission, may do so by signing in and submitting a form to that effect with the City Clerk prior to the meeting. Speakers at Public Hearings shall also submit such a form. Each speaker shall be limited to 3 minutes for his or her comments. If more than ten (10) speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. 9. CONSENT AGENDA 1. Minutes: August 25, 2026 City Commission Meeting Minutes 2. Travel Requests: None 3. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AND ACCEPT AN AGREEMENT WITH HUMANA FOR THE CITY’S MEDICARE ADVANTAGE INSURANCE COVERAGE, PROCURED BY THE GEHRING GROUP AS BROKER OF RECORD, FOR INSURANCE COVERAGE BEGINNING JANUARY 1, 2027, THROUGH DECEMBER 31, 2027, FOR MEDICARE-ELIGIBLE RETIRED EMPLOYEES AND THEIR ELIGIBLE DEPENDENTS, WHICH EXCEEDS AN ANNUAL VENDOR TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00); PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (Human Resources) 4. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH PEOPLYST LLC FOR CONSULTING SERVICES; AUTHORIZING THE CITY TO EXCEED THE $50,000.00 SINGLE-VENDOR ANNUAL THRESHOLD FOR THE DURATION OF THE CONTRACT PERIOD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Human Resources) 5. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE RENEWAL OF THE PROPERTY & CASUALTY INSURANCE PROGRAM FOR THE CITY THROUGH RISK MANAGEMENT ASSOCIATES, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS, WHICH INSURANCE PACKAGE SHALL INCLUDE COVERAGE FOR PROPERTY, CRIME, LIABILITY, WORKERS’ COMPENSATION, AND OTHER COVERAGES, INCLUDING THE NATIONAL Agenda – Dania Beach City Commission 5 of 12 FLOOD INSURANCE PROGRAM (“NFIP”), FOR A COMBINED ANNUAL PREMIUM AMOUNT OF TWO MILLION SIX HUNDRED FIFTY-NINE THOUSAND THREE HUNDRED TWENTY-ONE DOLLARS ($2,659,321.00) FOR COVERAGE BEGINNING OCTOBER 1, 2026, THROUGH SEPTEMBER 30, 2027; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (Human Resources) 6. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH HUURR HOMES, LLC FOR THE CONSTRUCTION OF ITB NO. 26-011, COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) YEARS 49 & 50 OASIS NEIGHBORHOOD IMPROVEMENT PROJECTS, IN AN AMOUNT NOT TO EXCEED SIX HUNDRED THIRTY-SIX THOUSAND THREE HUNDRED DOLLARS ($636,300.00); AUTHORIZING THE CITY TO EXCEED THE ANNUAL VENDOR PURCHASING THRESHOLD OF FIFTY THOUSAND DOLLARS ($50,000.00); 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, APPROVING THE REINSTATEMENT AND FIRST AMENDMENT TO THE AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR FUNDING AND ADMINISTRATION OF THE 49TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE NORTHWEST OASIS NEIGHBORHOOD IMPROVEMENT PROJECT, PHASE XVI; REINSTATING THE AGREEMENT EFFECTIVE OCTOBER 1, 2024, AND EXTENDING THE TERM THROUGH DECEMBER 15, 2026; AUTHORIZING THE EXPENDITURE OF FUNDS IN EXCESS OF $50,000.00; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (Public Services) 8. RESOLUTION NO. 2026-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR THE FUNDING AND ADMINISTRATION OF THE 50TH YEAR COMMUNITY DEVELOPMENT Agenda – Dania Beach City Commission 6 of 12 BLOCK GRANT PROGRAM FOR THE NORTHWEST OASIS NEIGHBORHOOD IMPROVEMENT PROJECT, PHASE XVII; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE AGREEMENT AND ANY NECESSARY DOCUMENTS; PROVIDING FOR FUNDING AND AUTHORIZING THE EXPENDITURE OF FUNDS IN EXCESS OF $50,000.00; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (Public Services) 9. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AGREEMENTS WITH FRIENDLY JOHN, DOODIE CALLS, AND UNITED SITE RENTALS FOR PORTABLE TOILET, PORTABLE RESTROOM, AND RESTROOM TRAILER RENTAL SERVICES PURSUANT TO INVITATION TO BID NO. 26-018 (RE-BID), ENTITLED “PORTABLE TOILET AND RESTROOM TRAILER,” WHICH AGREEMENTS MAY EXCEED THE ANNUAL VENDOR THRESHOLD OF FIFTY THOUSAND DOLLARS ($50,000.00); PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (Public Services) 10. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE MODIFICATION NO. 5 TO THE HAZARD MITIGATION GRANT PROGRAM AGREEMENT WITH THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT FOR THE FIRE STATION NO. 1 WIND RETROFIT AND GENERATOR PROJECT; INCREASING THE FEDERAL FUNDING BY $1,031,297.50, FOR A TOTAL MAXIMUM AMOUNT PAYABLE OF $1,854,231.25; PROVIDING FOR FUNDING; AUTHORIZING THE EXPENDITURE OF FUNDS IN EXCESS OF $50,000.00; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (Public Services) 11. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING A FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA, AND HZIP, LLC FOR PIER CONCESSION MANAGEMENT SERVICES TO AUTHORIZE REIMBURSEMENT FOR ELECTRONIC PAYMENT SERVICE FEES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (Parks & Recreation) Agenda – Dania Beach City Commission 7 of 12 12. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING A SECOND AMENDMENT TO THE MARINA MANAGEMENT AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA, AND US MARINA GROUP, LLC TO AUTHORIZE REIMBURSEMENT FOR ELECTRONIC PAYMENT SERVICE FEES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (Parks & Recreation) 13. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING THE AMENDED PARKS AND RECREATION SCHEDULE OF FEES AND CHARGES FOR SENIOR PROGRAMMING, THE MARINA, AND SUMMER CAMP PROGRAMMING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Parks & Recreation) 14. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH BRIGHT WHEELER GROUP LLC, FORMERLY KNOWN AS HZIP LLC, A FLORIDA LIMITED LIABILITY COMPANY, TO REFLECT A CORPORATE NAME CHANGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (Parks & Recreation) 15. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY COMMISSION “DISCRETIONARY FUNDS USE POLICY” TO COMBINE THE DISCRETIONARY FUND AND THE COMMUNITY GRANT POLICY INTO ONE PROGRAM; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.(Finance) 16. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING A SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA, AND THE BROWARD COUNTY SHERIFF’S OFFICE FOR POLICE SERVICES TO REMOVE THREE POSITIONS; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE SECOND AMENDMENT TO THE AGREEMENT FOR SUCH SERVICES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (City Manager) Agenda – Dania Beach City Commission 8 of 12 17. RESOLUTION NO. 2026-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH GABOTON GROUP, LLC TO PROVIDE FEDERAL PUBLIC AFFAIRS LOBBYIST AND LEGISLATIVE SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS IN EXCESS OF $50,000.00, INCLUDING FEES AND COSTS, EFFECTIVE OCTOBER 1, 2026, THROUGH SEPTEMBER 30, 2027; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.(City Manager) 18. RESOLUTION NO. 2026-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN ENGAGEMENT LETTER THAT EXCEEDS THE ANNUAL VENDOR THRESHOLD TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00) WITH RONALD L. BOOK, P.A., FOR CONSULTING (LOBBYIST) SERVICES RELATED TO ISSUES OF CONCERN TO THE CITY OF DANIA BEACH, INCLUDING MATTERS ASSOCIATED WITH BROWARD COUNTY AS WELL AS GENERAL LEGISLATION AND RELATED ISSUES AT THE STATE LEVEL, IN AN AMOUNT NOT TO EXCEED SIXTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($62,500.00) FOR FISCAL YEAR 2026–27; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.(City Manager) 19. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AGREEMENTS WITH FIRMS THAT SUBMITTED RESPONSES TO THE CITY’S REQUEST FOR QUALIFICATIONS (“RFQ”) NO. 26-020, ENTITLED “PLANNING CONSULTING SERVICES (POOL)”; AUTHORIZING THE CITY TO EXCEED THE $50,000.00 SINGLE-VENDOR ANNUAL THRESHOLD FOR THE DURATION OF THE CONTRACT PERIOD; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 20. RESOLUTION NO. 2026 -____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY COMMISSIONER ARCHIBALD J. RYAN, IV, TO REAFFIRM THE PARK NAME “BOB HOUSTON PARK” FOR THE AREA HOLDING THE HISTORIC NYBERG SWANSON HOUSE AND THE WOMEN’S CLUB BUILDINGS, LOCATED AT 102 WEST DANIA BEACH BOULEVARD, DANIA BEACH, FLORIDA; PROVIDING FOR Agenda – Dania Beach City Commission 9 of 12 CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Commissioner Ryan) 21. Request for Use of Discretionary Funds to Support the D5K Walking Club — Sponsored by Mayor Davis 10. 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. 26-014, “CITY HALL WIND MITIGATION (RE-BID),” TO KOHN CONSTRUCTION AND DEVELOPMENT LLC IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED SEVENTY-SEVEN THOUSAND SEVEN HUNDRED FORTY-TWO DOLLARS AND TWENTY-EIGHT CENTS ($477,742.28) AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WHICH WILL EXCEED THE ANNUAL VENDOR THRESHOLD OF FIFTY THOUSAND DOLLARS ($50,000.00); PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (Public Services) 11. QUASI-JUDICIAL & PUBLIC HEARING ITEMS 1. RESOLUTION NO. 2026-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING, AFTER PUBLIC COMMENT, THE WAIVER OF COMPETITIVE BIDDING AND AUTHORIZING THE PURCHASE, INSTALLATION, AND OPERATION OF SPEED ENFORCEMENT CAMERAS IN SCHOOL ZONES, SITE ACCESSORIES, AND RELATED PRODUCTS AND SERVICES FROM BLUE LINE SOLUTIONS, LLC, UTILIZING THE TOWN OF PEMBROKE PARK RFP NO. 12-473-14 AND AUTHORIZING THE EXPENDITURE OF FUNDS IN EXCESS OF $50,000.00; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (Public Comment) (City Attorney/BSO) 12. FIRST READING ORDINANCES First reading ordinances under this section are not subject to public hearing and may be taken all at once, unless pulled by the City Commission. A public hearing and discussion will take place at second reading of all ordinances within its respective section of the agenda. Agenda – Dania Beach City Commission 10 of 12 1. ORDINANCE NO. 2026-_____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 30, ENTITLED “DEPARTMENT OF PUBLIC SERVICES”, ARTICLE I, ENTITLED “PUBLIC SERVICES”, AT SECTION 30-4, ENTITLED “DUTIES AND POWERS”, TO AUTHORIZE THE DIRECTOR TO DELEGATE TREE PLANTING AND MAINTENANCE; AND AMENDING ARTICLE III, “STREET DIVISION”, AT SECTION 30-9, ENTITLED “ESTABLISHED”, IN ORDER TO CLARIFY THAT THE STREET DIVISION IS TO SUPERVISE AND MAINTAIN ALL PUBLIC TREES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.(Community Development) 2. ORDINANCE NO. 2026-_____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 2, “ADMINISTRATION”, ARTICLE 1, “IN GENERAL”, TO CREATE SECTION 2-18, ENTITLED “MINIMUM QUALIFICATIONS OF BOARD MEMBERS”; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Commissioner Lewellen) 13. SECOND READING ORDINANCES 1. ORDINANCE NO. 2026-_____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF CITY FUNDS EXCEEDING ONE MILLION DOLLARS ($1,000,000.00), TO FUND THE NW 1ST STREET COMPLETE STREETS AND PEDESTRIAN CONNECTIVITY PROJECT (LAP); PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services) 2. ORDINANCE NO. 2026-_____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 6, OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED “IN GENERAL” TO AMEND SECTION 6-26 ENTITLED “RESERVED” TO PROVIDE FOR PIER REGULATIONS INCLUDING PERMITTED AND PROHIBITED USE OF THE PIER; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Parks and Recreation) Agenda – Dania Beach City Commission 11 of 12 3. ORDINANCE NO. 2026-_____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 2, ENTITLED “ADMINISTRATION” BY CREATING A NEW SECTION ENTITLED “ELECTRONIC PAYMENT PROCESSING SURCHARGES” TO AUTHORIZE THE CITY TO RECOVER ELECTRONIC PAYMENT PROCESSING COSTS AS AUTHORIZED BY SECTION 215.322(5), FLORIDA STATUTES ; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance) 4. ORDINANCE NO. 2026-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATED TO POWERS OF LOCAL AUTHORITIES; AMENDING CHAPTER 20 ENTITLED “POLICE”, ARTICLE V, ENTITLED “SPEED DETECTION SYSTEM PLACEMENT AND INSTALLATION; SCHOOL CROSSING GUARD RECRUITMENT AND RETENTION PROGRAM”; CREATING SECTIONS 20-71, ET SEQ., RELATING TO CREATING SPEED DETECTION SYSTEMS IN SCHOOL ZONES; CREATING RULES RELATING TO SPEED DETECTION SYSTEMS; PROVIDING FOR PENALTIES, INCLUDING BUT NOT LIMITED TO DRIVER LICENSE POINTS; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(City Attorney) 5. ORDINANCE NO. 2026-_____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER TWO, ENTITLED “ADMINISTRATION”, ARTICLE V, ENTITLED “NAMING OF CITY FACILITIES”; AT SECTION 2-101, ENTITLED “NAMING OF CITY-OWNED FACILITIES” TO UPDATE THE POLICIES AND PROCEDURES FOR NAMING FACILITIES; PROVIDING FOR CONFLICTS; CODIFICATION; SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Commissioner Lewellen) 14. DISCUSSION AND POSSIBLE ACTION 1. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ISSUE A CALL TO ARTISTS IN ORDER TO ESTABLISH A LIST OF PREQUALIFIED ARTISTS AND PROPOSED ART CONCEPTS FOR A PUBLIC ART PROJECT KNOWN AS Agenda – Dania Beach City Commission 12 of 12 “BUOY BEACON”, WHICH IS PROPOSED TO BE AN INNOVATIVE PUBLIC ART CONCEPT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 2. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY TO ACCEPT OWNERSHIP OF THE PUBLIC ART INSTALLATION FROM DANIA BEACH RENTALS, LLC, (“DONOR”) FOR THE STATUTE LOCATED AT , WHICH IS PROPOSED TO BE LOCATED AT 601 EAST DANIA BEACH BOULEVARD, AND TO ENTER INTO AN AGREEMENT RELATING TO OWNERSHIP AND MAINTENANCE OF THE WYLAND SEA TURTLE SCULPTURE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 15. APPOINTMENTS 1. Dania Beach Housing Authority Board - Mayor Davis Planning & Zoning Board - Mayor Davis Education Advisory Board - (1) Alternate Members Green Advisory Board - (2) Alternate Members Marine Advisory Board - (2) Alternate Members Public Art Advisory Board - (2) Alternate Members 1 - Dania Beach Resident 1 - County Resident 16. COMMISSION COMMENTS 17. ADJOURNMENT City of Dania Beach Finance Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Candido Sosa-Cruz, ICMA-CM, City Manager VIA: Yeimy Guzman, CPA, Chief Financial Officer SUBJECT: A Resolution adopting the Fire Rescue Services Assessment Rates for Fiscal Year 2026-27 Request: The City Administration requests that the City Commission approve a Resolution adopting the Fire Rescue Services Assessment Rates for Fiscal Year 2026-27. Background: The City of Dania Beach enacted Ordinance No. 10-96 (Ordinance), which authorizes the imposition of Fire Rescue Assessments for fire protection services, facilities, and programs against Assessed Property located within the City. The reimposition of a Fire Rescue Assessment for fire protection services, facilities, and programs each fiscal year is an equitable and efficient method of allocating and apportioning the Fire Assessed Cost among parcels of Assessed Property. The City desires to reimpose a Fire Rescue Assessment within the City using the procedures provided by the Ordinance, including the tax bill collection method for the Fiscal Year beginning on October 1, 2026. The City Commission, on July 7, 2026, adopted Resolution No. 2026-094 (2026 Preliminary Rate Resolution) as confirmed, supplemented, and amended herein, containing and referencing a brief and general description of the fire protection facilities, services and programs to be provided to Assessed Property, describing the method of apportioning the Fire Assessed Cost to compute the Fire Rescue Assessment for fire protection services, facilities, and programs against Assessed Property, updating and estimating a rate of assessment, and directing the updating and preparation of the Assessment Roll, and provision of published notice and mailed notice required by the Ordinance. In order to reimpose Fire Rescue Assessments for the Fiscal Year beginning October 1, 2026, the Ordinance requires the City Commission during its budget adoption process for each Fiscal Year to adopt an Annual Rate Resolution which establishes the rate of assessment and approves the Assessment Roll for the upcoming Fiscal Year. The updated Assessment Roll for Fiscal Year 2026-27 has heretofore been made available for inspection by the public, as required by the Fire Assessment Ordinance; and notice of a public hearing has been published and mailed as required by the terms of the Ordinance and Florida Statutes. A public hearing was held on September 14, 2026, and comments and objections of all interested persons have been heard and considered as required by the Fire Assessment Ordinance. Budgetary Impact According to the consultant’s methodology report, the maximum net billed assessable Fire Services costs are estimated at $9,198,983. Finance recommends levying 100% of these assessable costs, resulting in a net budgeted levy of $8,831,024 an increase of $225,668 over the prior year. The remaining Fire Protection costs, along with all EMS costs, will be funded through sources other than the special assessment. Recommendation Approve the Resolution adopting the Fire Rescue Services Assessment Rates for Fiscal Year 2026-27. RESOLUTION NO. 2026- ______ WHEREAS, the City of Dania Beach, Florida, (City) enacted Ordinance No. 10-96, subsequently codified as Chapter 23, Article VIII of the City of Dania Beach Code of Ordinances (the "Fire Assessment Ordinance"), which authorizes the imposition of Fire Rescue Assessments for fire protection services, facilities, and programs against Assessed Property located within the City; and WHEREAS, the reimposition of a Fire Rescue Assessment for fire protection services, facilities, and programs each fiscal year is an equitable and efficient method of allocating and apportioning the Fire Assessed Cost among parcels of Assessed Property; and WHEREAS, the City desires to reimpose a Fire Rescue Assessment within the City using the procedures provided by the Fire Assessment Ordinance, including the tax bill collection method for the Fiscal Year beginning on October 1, 2026 ("Fiscal Year 2026-27"); and WHEREAS, the City Commission, on July 7, 2026, adopted Resolution No. 2026-094 (the "2026 Preliminary Rate Resolution") containing and referencing a brief and general description of the fire protection facilities, services and programs to be provided to Assessed Property, describing the method of apportioning the Fire Assessed Cost among Assessed Property, updating and establishing the maximum rates of assessment for each property use category, directing the updating and preparation of the Assessment Roll for Fiscal Year 2026-27, and directing the provision of published notice and mailed notice required by the Fire Assessment Ordinance; and WHEREAS, in order to reimpose Fire Rescue Assessments for the Fiscal Year beginning October 1, 2026, the Fire Assessment Ordinance requires the City Commission during its budget adoption process for each Fiscal Year to adopt an Annual Rate Resolution which establishes the 2 RESOLUTION #2026-______ rate of assessment and approves the Assessment Roll for the upcoming Fiscal Year, with such amendments as the City Commission deems appropriate, after hearing comments and objections of all interested parties; and WHEREAS, the updated Assessment Roll for Fiscal Year 2026-27 has heretofore been made available for inspection by the public, as required by the Fire Assessment Ordinance; and WHEREAS, notice of a public hearing has been published and mailed as required by the terms of the Ordinance and Florida Statutes; and WHEREAS, a public hearing was held on September 14, 2026, and comments and objections of all interested persons have been heard and considered as required by the Fire Assessment Ordinance; and WHEREAS, the City Commission of the City of Dania Beach, Florida deems it to be in the best interest of the citizens and residents of the City to adopt this Annual Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. Authority. That this Resolution is adopted pursuant to the provisions of the Fire Assessment Ordinance, the Initial Resolutions, the Prior Assessment Resolutions, and Sections 166.021, 166.041, and 197.3632, Florida Statutes, and other applicable provisions of law. Section 2. Definitions and Interpretation. That this Resolution constitutes the Annual Rate Resolution for Fiscal Year 2026-27 and may be referred to as the 2026 Annual Resolution or Annual Resolution. All capitalized terms in this Resolution shall have the meanings defined in the Fire Assessment Ordinance, the Initial Resolutions, as amended, the Prior Assessment Resolutions, as amended, and Resolution No. 2026-094 (the "2026 Preliminary Rate Resolution"). Section 3. Reimposition of Fire Rescue Assessments. PROPERTY USE CATEGORIES RATE BASIS RATE Residential Per Dwelling Unit Acreage/Vacant Per Acre 35.94 Commercial Per Square Foot Industrial/Warehouse Per Square Foot 3 RESOLUTION #2026-______ (b) The Assessment Roll for Fiscal Year 2026-27 as updated to reflect such rates is hereby approved and adopted. (c) The parcels of Assessed Property described in the Fiscal Year 2026-27 Assessment Roll, as updated, are hereby found to be specially benefited by the provision of the fire protection services, facilities, and programs described or referenced in the 2026 Preliminary Rate Resolution, in the amount of the Fire Rescue Assessment set forth in the updated Assessment Roll, a copy of which was present or available for inspection at the above referenced public hearing and is incorporated herein by reference. It is hereby ascertained, determined, and declared that each parcel of Assessed Property within the City will be specially benefited by the City's provision of fire protection services, facilities, and programs in an amount not less than the Fire Rescue Assessment for such parcel, computed in the manner set forth in the 2026 Preliminary Rate Resolution and the 2027 Methodology Report, attached as an exhibit to the 2026 Preliminary Resolution. Adoption of this 2026 Annual Rate Resolution constitutes a legislative determination that all parcels assessed derive a special benefit in a manner consistent with the legislative declarations, determinations and findings as set forth in the Fire Assessment Ordinance, the Initial Resolutions, as amended, the Prior Assessment Resolutions, as amended, the 2026 Preliminary Rate Resolution and this 2026 Annual Resolution, from the fire protection services, facilities, or programs to be provided and a legislative determination that the Fire Rescue Assessments are fairly and reasonably apportioned among the properties that receive the special benefit. (d) The method for computing Fire Rescue Assessments and the Parcel Apportionment methodology referenced in the 2027 Methodology Report, approved and incorporated into the 2026 Preliminary Rate Resolution adopted by the City Commission, is hereby approved and reaffirmed. The Fire Rescue Assessments to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and Parcel Apportionment to generate the estimated Fire Assessed Cost for the Fiscal Year commencing October 1, 2026, are hereby established as follows: FY 2026-27 Fire Rescue Assessment Rates PROPERTY USE CATEGORIES RATE BASIS RATE Residential Per Dwelling Unit $273.77 Vacant/Acreage Per Acre $135.94 Commercial Per Square Foot $0.3986 Industrial/Warehouse Per Square Foot $0.0624 4 RESOLUTION #2026-______ (e) The above rates of assessment are hereby finally approved. Fire Rescue Assessments for fire protection services, facilities, and programs in the amounts set forth in the updated Assessment Roll, as herein amended and approved, are hereby levied and reimposed on all parcels of Assessed Property described in such Assessment Roll for the Fiscal Year beginning October 1, 2026. Notice of the above rates of assessment was provided by publication and by mail. (f) No Fire Rescue Assessment shall be imposed upon a parcel of Government Property or upon Buildings the use of which is wholly exempt from ad valorem taxation under Florida law. Any shortfall in the expected Fire Rescue Assessment proceeds due to any reduction or exemption from payment of the Fire Rescue Assessments required by law or authorized by the City Commission shall be supplemented by any legally available funds of the City, or combination of such funds, and shall not be paid for by proceeds or funds derived from the Fire Rescue Assessments. (g) As authorized in Sec. 23-107 of the Fire Assessment Ordinance, Interim Fire Rescue Assessments are also levied and imposed against all property for which a certificate of occupancy is issued after the adoption of this Annual Rate Resolution based upon the rates of assessment approved herein. (h) Fire Rescue Assessments shall constitute a lien upon the Assessed Property so assessed equal in rank and dignity with the liens of all state, county, district, or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles, and claims until paid. (i) The Assessment Roll, as herein approved, together with the correction of any errors or omissions as provided for in the Ordinance, shall be delivered to the Tax Collector for collection using the tax bill collection method in the manner prescribed by the Ordinance. Section 4. Ratification and Confirmation of 2026 Preliminary Rate Resolution. That the 2026 Preliminary Rate Resolution, as supplemented herein, is hereby confirmed. Section 5. Effect of Adoption of Resolution. That the adoption of this 2026 Annual Rate Resolution shall be the final adjudication of the issues presented (including, but not limited to, the determination of special benefit and fair apportionment to the Assessed Property, the method of apportionment and assessment, the rate of assessment, the Assessment Roll, the sufficiency of notice, and the levy and lien of the Fire Rescue Assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the adoption of this 2026 Annual Rate Resolution. 5 RESOLUTION #2026-______ Section 6. Conflict. That all resolutions or part of resolutions in conflict with this Resolution are superseded and supplanted to the extent of such conflict, provided however, that nothing in this Resolution amends or affects the validity of any Fire Protection Assessments adopted and imposed by any previously adopted resolutions. Section 7. Severability. That if any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affecting the validity of the other provisions of this Resolution. Section 8. Effective Date. That this Annual Rate Resolution shall be in force and take effect immediately upon its passage and 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 CITY OF DANIA BEACH FY 2027 Fire Services Assessment Study FINAL REPORT / July 1 , 202 6 341 N. Maitland Avenue, Suite 300, Maitland, FL 32751 www.raftelis.com July 1, 2026 Yeimy Guzman Chief Financial Officer City of Dania Beach 100 W Dania Beach Blvd Dania Beach, FL 33004 Subject: FY 2027 Fire Services Assessment Study Dear Ms. Guzman: Raftelis Financial Consultants, Inc. (Raftelis) is pleased to present this Final Report of the FY 2027 Fire Services Assessment Study that we have conducted for the City of Dania Beach. This report presents the analysis of the study for consideration and adoption of the Fiscal Year 2026-27 Fire Assessment Rates. We appreciate the opportunity to be of service to the City and would like to thank the City staff for their valuable assistance and cooperation throughout the course of this study Respectfully Submitted, Raftelis Financial Consultants, Inc. Joe Williams Vice President Erick van Malssen Senior Consultant City of Dania Beach / FY 2027 Fire Services Assessment Study Contents EXECUTIVE SUMMARY .................................................................... 1 Introduction ...........................................................................................................................1 Study Procedures ..................................................................................................................1 Summary of Study Results ...................................................................................................1 Full (100%) Cost Recovery Rate Calculation ............................................................................. 1 Section 1 – Introduction ................................................................... 3 Background ...........................................................................................................................3 Methodology ..........................................................................................................................3 Section 2 – Fire Services Costs ....................................................... 6 Fire and Rescue Service Allocation .....................................................................................6 Calculation of the Net Revenue Requirement .....................................................................7 Section 3 – Calculation of the Fire Assessment ............................. 9 Assessment Property Classifications .................................................................................9 Calls For Service Analysis ................................................................................................. 11 Apportionment of the Net Revenue Requirement ............................................................ 11 Fire Assessment Rate Calculation ..................................................................................... 12 Full (100%) Cost Recovery Rate Calculation ........................................................................... 12 Consideration of Fair Apportionment of Assessment ..................................................... 13 Section 4 – Summary of Recommendations .................................. 15 City of Dania Beach / FY 2027 Fire Services Assessment Study List of Tables and Figures Table ES 1 - FY 2027 Assessment Rate Calculation – Full (100%) Cost Recovery ................................. 2 Table ES 2 – Net Billed and Estimated Collected Revenue – Full (100%) Cost Recovery ........................ 2 Table 1 – Current FY 2026 Fire Assessment Rates ................................................................................. 3 Table 2 – Allocation of Personnel between Fire and Rescue ................................................................... 7 Table 3 – Calculation and Projection of the Net Revenue Requirement ................................................... 8 Table 4 – Identified Units by BCPA Fire Class Category ........................................................................ 10 Table 5 – Fire Call Allocation to Real Property, by Property Type .......................................................... 11 Table 6 – Allocation of FY 2027 Net Revenue Requirement .................................................................. 12 Table 7 – FY 2027 Assessment Rate Calculation – Full (100%) Cost Recovery .................................... 12 Table 8 – Net Billed and Estimated Collected Revenue – Full (100%) Cost Recovery ........................... 13 City of Dania Beach / FY 2027 Fire Services Assessment Study 1 EXECUTIVE SUMMARY Introduction The City of Dania Beach (“the City”) has levied and collected a Non-Ad Valorem Fire Assessment against benefitted properties within the City, to fund the provision of fire services, annually beginning in Fiscal Year (FY) 1997. Each year the City reviews the Fire Assessment program and the amount to be funded for Fire Services. This study intends to update the Fire Assessment program using current property, cost , and calls for service data. The calls for service data, that are used to provide the basis of Fire Service cost allocation to property types, can change over time and therefore periodic updates to the Fire Assessment calculations are required to accurately and fairly reflect current allocation parameters to benefited properties. Additionally, the costs of operating the Fire department change annually based on staffing levels, salary adjustments, and other operating costs as budgeted by Broward Sheriff’s Office (BSO). In accordance with Florida Law, the costs associated with providing Fire Services and facilities must be reasonably apportioned to the properties that receive a benefit from Fire Service in proportion to the benefit received. Therefore, the recommended Fire Assessments calculated in this study were developed such that the costs incurred by the City in providing Fire Service will be recovered through assessments to properties in proportion to the benefit received by the demand for service as reflected in the calls for service from each respective property class. Study Procedures The study first identifies the full Fire Services cost requirements for FY 2027 that recognizes the high level of service traditionally provided by Broward Sherrif’s Office (BSO) and the City. This was accomplished by first allocating the full FY 2027 Proposed Fire Department budget between Fire Services and Emergency Medical Services (EMS) as required by Florida state statute. We also projected annual cost requirements for providing Fire Services in each year of a multi-year projection period from FY 2027 through FY 2031. This was accomplished through interactive work sessions with City staff to confirm allocation parameters, cost escalation rates, and the projected capital improvement plan. The FY 2027 Fire Service Net Revenue Requirement identified in the budget allocation and projection process was then apportioned to each property class based upon National Fire Incident Reporting System (NIFRS) calls for service data provided by the BSO. Current Fire Rescue Non-Ad Valorem Assessment Roll and Property data provided by the Broward County Property Appraiser was used as the primary data source for assigning assessment units to each parcel. Property classifications were based upon the currently assigned Fire Class Codes for each parcel as maintained on the Property Appraiser’s database. Once the allocation to property classes was complete, the Fire Assessment rate structure was developed and specific Fire Assessment rates for each property class were developed. Summary of Study Results Full (100%) Cost Recovery Rate Calculation To calculate the FY 2027 Fire Assessments, we utilized the apportioned costs and total units per property classification as discussed in detail in subsequent sections of this report. The amount of assessable costs allocable to City of Dania Beach / FY 2027 Fire Services Assessment Study 2 each property class was divided by the number of assessment units identified in each property class to compute the Fire Assessment to be imposed against each parcel. Table ES 1 below presents the calculated FY 2027 Assessment Rates at full (100%) cost recovery, as well as a comparison of the existing FY 2026 Assessment Rates: Table ES 1 - FY 2027 Assessment Rate Calculation – Full (100%) Cost Recovery While the full cost FY 2027 Net Revenue Requirement is apportioned to all properties, the actual revenue realized will be less because exempted property is included in the apportionment but cannot be billed/assessed. In addition, a 96% budget adjustment factor was used to calculate the estimated net collected revenue after accounting for early payment discounts to the assessment bills. Table ES 2 below presents the estimated net billed and estimated assessment revenue at full (100%) cost recovery, as well as a calculation showing the difference in estimated collected revenue as compared to FY 2026. Table ES 2 – Net Billed and Estimated Collected Revenue – Full (100%) Cost Recovery BCPA Category Description BCPA Code Call Allocation % Allocated FY 2027 NRR Allocated Units Unit Type FY 2027 - Calculated Rates per Unit FY 2026 - Current Rates per Unit Acreage (Vacant)A 1.00%99,517$ 732 Acre 135.94$ 72.87$ Commercial C 37.78%3,764,349$ 9,442,619 Sq Ft 0.3986$ 0.4177$ Residential R 52.54%5,235,474$ 19,123 Dwelling Unit 273.77$ 270.76$ Warehouse/Industrial W 4.17%415,376$ 6,651,184 Sq Ft 0.0624$ 0.0513$ Government, Exempt X 3.60%359,128$ 802,465 Sq Ft 0.4475$ 0.6556$ Not For Profit, Exempt Y 0.91%90,864$ 442,019 Sq Ft 0.2055$ 0.1723$ 100.00%9,964,708$ BCPA Category Description BCPA Code Allocated Assessment Less: Exemptions Total Billed Assessment Acreage (Vacant)A 99,517$ (5,121)$ 94,397$ Commercial C 3,764,349$ (65,213)$ 3,699,137$ Residential R 5,235,474$ (241,909)$ 4,993,565$ Warehouse/Industrial W 415,376$ (3,492)$ 411,885$ Government, Exempt X 359,128$ (359,128)$ -$ Not For Profit, Exempt Y 90,864$ (90,864)$ -$ 9,964,708$ (765,725)$ 9,198,983$ Budgetary Adjustment/Discount 96% FY 2027 Estimated Collected Revenue 8,831,024$ FY 2026 Estimated Collected Revenue 8,605,356$ $ Change 225,668$ City of Dania Beach / FY 2027 Fire Services Assessment Study 3 Section 1 – Introduction Background The City of Dania Beach (“the City”) has levied and collected a Non-Ad Valorem Fire Assessment against benefitted properties within the City, to fund the provision of fire services, annually beginning in Fiscal Year 1997. Each year the City reviews the Fire Assessment program and the amount to be funded for Fire Services. This study intends to update the Fire Assessment program using current property, cost and calls for service data. The City’s current FY 2026 Fire Assessment rates by property class are presented in Table 1 below. These rates produced an estimated net collections of approximately $8.6 million upon issuance in FY 2026. Table 1 – Current FY 2026 Fire Assessment Rates The calls for service data used to provide the basis of Fire Service cost allocation to property types can change over time, therefore periodic updates to the Fire Assessment calculations are required to accurately and fairly reflect current allocation parameters to benefited properties. The term “Fire Services” as used in this study refers to the twenty-four hours per day, seven days per week service for fire suppression provided to City properties. The City has previously determined that the owners of property benefited by the proposed Fire Services should share in funding these services by imposition of non-ad valorem assessments. The City can fund through assessments up to 100% of the net Fire Services assessable costs, estimated to be $9,964,708 in Fiscal Year 2027, as detailed in subsequent sections of this report. The City contracts with the Broward Sheriff’s Office (BSO) for Fire Rescue Services and it also has legacy pension and other City costs that must continue to be funded in addition to those pension costs charged by BSO. Methodology The development of a Non-Ad Valorem Assessment to fund Fire Services requires that the services and facilities for which properties are to be assessed confer a special benefit upon the property burdened by the special assessment. Simply stated, there must be a logical relationship between the services and facilities provided and the benefit to real property assessed. In addition to the special benefit requirement, the costs associated with providing the services and facilities must be reasonably apportioned to the properties that receive a benefit from Fire Service in proportion to the benefit received. Therefore, the recommended Fire Assessments calculated in this study were developed such that the costs incurred by the City in providing Fire Service will be recovered through assessments to properties in proportion to the benefit received by the demand for service as reflected in the calls for service from each respective property class. BCPA Category Description Current Rates per Unit Unit Type Acreage (Vacant)72.87$ Acre Commercial 0.4177$ Sq Ft Residential 270.76$ Dwelling Unit Warehouse/Industrial 0.0513$ Sq Ft City of Dania Beach / FY 2027 Fire Services Assessment Study 4 This part of the report describes the assessment methodology used to develop the Fire Assessments. The first section discusses relevant Florida Law regarding Special Non-Ad Valorem Assessments, followed by sections discussing how Florida Law has been applied to the determination of special benefit and the apportionment of the annual revenue requirements of the Fire Assessment to benefitting properties. SUMMARY OF RELEVANT FLORIDA LAW GOVERNING SPECIAL ASSESSMENTS This section discusses relevant Florida Law regarding special non-ad valorem assessments as it relates to the City’s proposed Fire Assessment program. The discussion covers how Florida law relates to special benefit and proportional benefit. Special non-ad valorem assessments are a revenue source available to local governments in Florida to fund capital improvements as well as operations and maintenance expenses for essential services such as roads, drainage, Fire Services, utilities, etc. Florida case law has established two requirements for the imposition of a non -ad valorem special assessment. These two requirements have become known as the “two-pronged test”. They are 1) the property assessed must derive a special benefit from the improvement, service or facilities provided, and 2) the assessment must be fairly and reasonably apportioned among the properties that receive the special benefit. In considering special benefit, the following question must be considered, “Can a special benefit be derived from Fire Service by all properties within the City to meet the first prong of the two-pronged test, even if all properties are not improved and/or do not receive calls for service?”. The answer is yes, based in part upon the Florida Supreme Court determination in Fire District No. 1 of Polk County v. Jenkins, a sufficient special benefit is derived by the availability of fire services to justify the imposition of the special assessment. Also, in Meyer v. City of Oakland Park, the Court upheld a sewer assessment on both improved and unimproved property, stating that the benefit need not be direct or immediate but must be substantial, certain and capable of being realized within a reasonable time. PROPORTIONAL BENEFIT It is well settled under Florida law that local governments are afforded great latitude regarding legislative determinations of special benefit and reasonable apportionment of costs (as evidenced by the Florida Supreme Court finding in City of Boca Raton v. State of Florida), that the apportionment of benefits is a legislative function, and that legislative determinations as to benefit and apportionment will be upheld unless the determination is arbitrary – that is, if reasonable persons may differ as to whether the land assessed was benefitted by the local improvement, the findings of the City officials must be sustained. In City of Boca Raton v. State of Florida, the Florida Supreme Court also determined that the manner of the assessment is immaterial and may vary, as long as the amount of the assessment for each tract is not in excess of the proportional benefits as compared to other assessments on other tracts. Accordingly, while any number of methodologies may be available for a given service or improvement, the community imposing the assessment is at liberty to select the methodology which provides the best fit in terms of local needs and circumstances. SPECIAL BENEFIT – THE FIRST PRONG OF THE TWO-PRONGED TEST Based upon discussions with City staff about the extent and nature of the Fire Services provided, we have concluded that all parcels within the City receive a special benefit from the Fire Services provided by BSO. In considering special benefit, it is important to consider that BSO maintains its Fire resources at a level that provides a response readiness condition to respond to calls for service throughout the City at relatively equal levels of service. When needed, responses are made to calls for service without discrimination as to the property type, size, City of Dania Beach / FY 2027 Fire Services Assessment Study 5 location within the City, or any other factors specific to the property requiring the service. In addition, Vacant lands not used actively in the production of agricultural products and services have Fire Services provided to them, and the City has determined that Fire Services provided to those lands derive benefit to them, due to the urbanized nature of the City. As such, all properties receive a special benefit from the mere availability of Fire Services. Such benefit is independent of, and realized even in the absence of, a call or need for actual service. The benefits include: • Continuous availability of immediate response to fire. • Provision of first responder medical aid to protect the life and safety of occupants. • Enhanced property value, marketability of and/or ability to develop property. • Lowering the cost of Fire Insurance by the presence of a professional and comprehensive Fire Service • Protection against the spread of fire to neighboring parcels, thereby limiting and containing liability. • Increased use and enjoyment of the parcel derived from continual and immediately available comprehensive fire protection service should the need arise. • Enhanced marketability and value of the parcel when compared to a similarly configured parcel for which fire protection services are unavailable. Therefore, the first prong of the two-pronged test (the property burdened by the assessment must derive a special benefit from the service provided by the assessment) is met because all properties in the City receive a special benefit from the City-wide Fire Service provided by BSO. FAIR APPORTIONMENT – THE SECOND PRONG OF THE TWO-PRONGED TEST In considering the assessment methodology, the second prong of the two-pronged test requires that the costs of the assessment must be fairly and reasonably apportioned among the properties that receive the special benefit. The Fire Services apportionment methodology used in this study allocates assessable costs based on the demand for Fire Services by classes of real property use as identified on the real property assessment roll prepared for the levy of ad valorem taxes. First, the assessable Fire Services costs are allocated among real property use categories based upon the historical demand for these services (cost apportionment). This demand is identified by examining the past three years of fire incident/calls for service data as reported by BSO to the State Fire Marshal’s office. Second, the costs attributed to each property class are apportioned among the parcels on a per dwelling unit basis for Residential uses, a square footage basis for non-residential uses, and a per acre basis for vacant parcels (parcel apportionment). Further discussion of the consideration of fair apportionment is continued after the presentation of source data, methodology and assessment rate calculation in subsequent sections of this report. City of Dania Beach / FY 2027 Fire Services Assessment Study 6 Section 2 – Fire Services Costs Fire and Rescue Service Allocation Florida case law requires that the imposition of a special assessment for Fire Services only be used to fund Fire Services and first response rescue services. A Fire Assessment may not fund Emergency Medical Services (EMS), including transportation (Florida Supreme Court opinion in City of North Lauderdale v. SMM Properties -825 So.2d 343 Fla. 2002). The City utilizes personnel who are certified firefighters that may also be qualified medical personnel. Personnel assigned to medical units may also be called upon to assist in firefighting duties. Because emergency medical services are not services for which the City can assess property, costs for those services cannot be included in the total fire services costs to determine the allowable assessed costs. Mutual aid services provided by other Fire Departments do not cost the City anything and those calls accordingly are not considered in this assessment. BSO provides the City with an annual “Consideration” budget that becomes the contract cost for the ensuing fiscal year. The budget is for fire, rescue, inspection, and administrative costs of providing fire rescue services. Additionally, the City has costs in addition to its contract with BSO. When BSO took over fire rescue operations from the City, it was left with significant legacy pension costs related to its former employees that still must be funded. Similarly, the City must fund those employees share of the City’s other post-employment benefits (generally retiree medical costs). The City must also pay for the costs of administering the assessment itself. These costs include legal and professional fees, notification fees from the property appraiser’s office, advertising, and discounts allowed on early payments of property tax bills. Of the sum of these costs, only those costs directly attributable or allocated to fire services can be included in the assessment. The remaining costs relate to the combined fire and EMS and must be allocated between the operations of those two services. While there are many ways to allocate the costs of these services, we have chosen to allocate them in proportion to the staffing of full-time equivalents (FTEs) by their function and shift assignment per apparatus. This is one of the more conservative approaches available and results in a relatively lower cost allocation to fire services. This approach aligns with the historical allocations performed by the City. Fire Services budgets are largely driven by personnel costs. Fire costs are largely driven by insuring standby availability in the event of a fire. Similarly, EMS costs are largely driven by insuring standby availability in the event of a medical emergency. Although calls for service are used to allocate the Fire Services costs to the property classes (which is discussed in a later section of this report), calls for service are not a good basis for allocation between Fire Services and EMS because of the standby nature of those services which require a constant employ of personnel and facilities to be ready to respond. Accordingly, we believe that the fairest apportionment method is one that utilizes a personnel assignment-based allocation. As of FY 2027, BSO operates two fire suppression apparatus vehicles (Quints) and three rescue vehicles. The Quints each require three personnel each shift. Each rescue unit maintains three personnel per shift. Each unit requires three sets of personnel by shift, therefore FTEs for each apparatus are multiplied by three times the personnel assignment per shift. BSO maintains one Fire Prevention Officer, and three Fire Safety Inspectors, all fully allocated to Fire Services. Finally, the District Fire Chief and Administrative Assistant are allocated to Fire and Rescue by the weighted results of the directly allocated personnel. Table 2 below presents the results of the personnel allocation. City of Dania Beach / FY 2027 Fire Services Assessment Study 7 Table 2 – Allocation of Personnel between Fire and Rescue Calculation of the Net Revenue Requirement To calculate the Fire Services Net Revenue Requirement (NRR) for FY 2027 and beyond, the proposed FY 2027 BSO budget as well as other City costs for Fire Services were projected using cost escalation factors identified by City Staff. In each year of the projection period, offsetting revenues from other sources were deducted from the expenditure requirements so that the full complement of dedicated Fire revenues is not double recovered. A 4% allowance (i.e. assumed reduction in fee revenues) for early payment/statutory discounts was included to determine the annual net revenue requirements to be recovered by the fire assessment fees. The projection of Fire Services Net Revenue Requirement for FY 2027 – FY 2031 is presented in Table 3. The Net Revenue Requirement in FY 2027 through FY 2031 represents 100% Cost Recovery or Maximum Allocated costs for the annual assessments as calculated herein. The maximum allocated cost for the FY 2027 Fire Assessment is $9,964,708. Assignment/Position Full Time Equivalents Fire Rescue Allocation Quint 1 9 9 Direct Fire Quint 17 9 9 Direct Fire Rescue 1 9 9 Direct Rescue Rescue 1 9 9 Direct Rescue Rescue 17 9 9 Direct Rescue Fire Prevention Officer 1 1 Direct Fire Fire Safety Inspectors 3 3 Direct Fire District Fire Chief 1 0.45 0.55 Weighted Administrative Assistant 1 0.45 0.55 Weighted Total 51 22.90 28.10 Fire/Rescue Allocation 44.90%55.10% City of Dania Beach / FY 2027 Fire Services Assessment Study 8 Table 3 – Calculation and Projection of the Net Revenue Requirement FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 Annual Escalation Factor Expenditures Broward Sheriff's Office 21,207,277$ 22,267,641$ 23,381,023$ 24,550,074$ 25,777,578$ 4.50% City Fire Costs 1,785,049$ 1,865,376$ 1,949,318$ 2,037,037$ 2,128,704$ 4.50% Other City Operating Expenses 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 0.00% Property Appraiser and Tax Collector Fees 7,896$ 8,133$ 8,377$ 8,628$ 8,887$ 3.00% Advertisements 6,500$ 6,500$ 6,500$ 6,500$ 6,500$ 0.00% Legal and Professional Fees 6,000$ 6,000$ 6,000$ 6,000$ 6,000$ 0.00% Consultant Costs - Assessment Updates 35,000$ 35,000$ 35,000$ 35,000$ 35,000$ Total Expenditures 23,017,722$ 24,158,650$ 25,356,218$ 26,613,240$ 27,932,669$ Less: Direct EMS Costs (130,000)$ (135,850)$ (141,963)$ (148,352)$ (155,027)$ 4.50% Total Net Fire Costs Before Allocation 22,887,722$ 24,022,800$ 25,214,255$ 26,464,888$ 27,777,641$ % Allocated to Fire (1)44.90%44.90%44.90%44.90%44.90% Assessable Fire Costs 10,276,120$ 10,785,747$ 11,320,686$ 11,882,195$ 12,471,594$ Less: Attributed Revenues Hazmat Permit Fees (10,000)$ (10,000)$ (10,000)$ (10,000)$ (10,000)$ 0.00% Fire Inspection Fees (700,000)$ (724,500)$ (749,858)$ (776,103)$ (803,266)$ 3.50% Total Attributed Revenues (710,000)$ (734,500)$ (759,858)$ (786,103)$ (813,266)$ Net Assessable Fire Costs 9,566,120$ 10,051,247$ 10,560,828$ 11,096,092$ 11,658,328$ Plus: Assessment Discounts (4%)398,588$ 418,802$ 440,035$ 462,337$ 485,764$ Net Revenue Requirement 9,964,708$ 10,470,049$ 11,000,863$ 11,558,429$ 12,144,092$ (1) - Refer to Table 2 for Allocation calculation City of Dania Beach / FY 2027 Fire Services Assessment Study 9 Section 3 – Calculation of the Fire Assessment Assessment Property Classifications Using the Broward County Property Appraisers (BCPA) tax roll data, benefited parcels were identified using the various categories of land use codes within that data set. Additionally, and to keep the proposed apportionment categories as close to the existing categories as possible, we relied upon the Fire Class codes currently maintained by the BCPA. The BCPA has previously identified and coded the improved properties by type and assigned each parcel an appropriate Fire Class Code. We reviewed consistency in this data, and it was determined to be of high accuracy. This data has also undergone considerable review over time through prior studies. The Fire Class codes used are as follows: • Residential (“R”) This includes all residential dwelling units, be they single family, multifamily, mobile homes, or mobile home lots. This includes separate or attached guest houses or “granny flats” or anything considered a residential dwelling unit. • Commercial (“C”) This includes all property used for commercial activity, except where otherwise identified by its own Fire Class code and includes office and retail uses. It also includes recreational vehicle lots converted to commercial square footage as provided by statute. • Government (“X”) This includes any property owned by a federal, state, or local government. • Special (“S”, and generally mixed use) This includes property that has more than one use or improvement that contains more than one Fire Class code. An example might be a parcel which contained both a warehouse and an office use. Each use will be assigned the cost for that use. • Vacant Acreage Parcels Not Developed (“A”) This includes land that does not contain any improvement or structure but excludes property classified as agricultural. • Warehouse/Industrial (“W”) This includes manufacturing and processing sites, storage units (whether for commercial or non-commercial purposes), and warehousing sites. • Miscellaneous (“Y”) This includes properties that are used for Charitable, Educational, Literary, Scientific, or Religious organizations, or other properties defined under Florida Statutes. These properties may be assessed or may be excluded by the City from year-to- year. It should also be noted that properties that can sometimes be exempt from this assessment (e.g., church -owned residential properties, portions of warehouses used for exempt purposes, portions of office buildings used for exempt purposes) remain classified as “R”, “C”, “W”, etc. and are included in the assessment calculations, but are not assessed if the City has excluded them from the assessment levy. In addition, all Residential, Vacant, Commercial or Warehouse units for parcels categorized as “X” or “Y” are assigned to the relevant assessment types for allocation and rate calculation, even though the parcels are exempt ultimately not billed. For example, if a property is shown to contain a single-family residential dwelling (“R”) but is owned by a Church (“Y”), it’s dwelling unit will be allocated to the Residential rate calculation, but the parcel will not be billed the assessment. Again, these codes are used by BCPA to assist them in the administration of their rolls, and we believe them to be highly accurate at the parcel level. City of Dania Beach / FY 2027 Fire Services Assessment Study 10 Each BCPA parcel for the City also has, in addition to a Fire Class code, a Fire Basis element, which indicates the number of applicable billing units located on the parcel. For example, a single-family residential dwelling unit would have a Fire Basis element of “1”, indicating that the fixed residential assessment rate would be multiplied by “1” to arrive at an assessment amount and a duplex residential dwelling unit would have a Fire Basis element of “2”, indicating that the fixed residential assessment rate would be multiplied by “2” to arrive at an assessment amount, and so on. Commercial, Warehouse/Industrial, and Not -for-profit are based upon the square footage of buildings on the property. The sum of all structures of similar fire class are added together to determine the total square footage for each fire class on each parcel. Acreage is based upon the number or fraction of an acre for the parcel. The Fire Class code “S”, Special, generally includes mixed -use parcels that have mixed assessment rates applied to them. The sum of each category (e.g., “Residential”, “Commercial”, etc.) are added together within this coding. The Fire Basis element code in this Fire Class code in this category indicates the amount of the assessment for that Fire Class code. The BCPA handles mixed-use parcels as exceptions and manually calculates the assessment based upon the particular mix of uses that exist on those parcels. Mobile Home parks are assessed whether or not a lot/space is occupied. Each mobile home lot/space is assessed a residential assessment rate. The commercial component of a mobile home park may include a calculation based on the total of any commercial structures located on the parcel plus an assigned commercial structure size of the minimum square footage of 1,200 square feet that is mandated by the Department of Health under Chapter 64E-15.002(3), Florida Administrative Code for Recreational Vehicle Park spaces and a square footage of 500 square feet for tent spaces inside Recreational Vehicle Parks, also as mandated by Chapter 64E- 15.002(3), Florida Administrative Code. The City does not have any parks that have only recreational vehicles. Mobile home parks are mixed-use parcels. There were 14,282 unique parcels or folio numbers within the City of Dania Beach fire assessment district provided to us by the BCPA in June 2026. Among these individual parcels are non-assessable, fully excluded parcels such as residential multi-family common areas, submerged lands, lake bottoms, right of ways, etc. For all real property used in the allocation of the NRR, the unit counts by BCPA Fire Class category code and use code counts appear below: Table 4 – Identified Units by BCPA Fire Class Category The City may not ultimately assess all the properties within these fire class categories for Fire Services as the City traditionally has exempted some uses (e.g., non-profits, houses of worship, and other properties also exempt from property taxes) of property from the fire assessment. Commercial, Warehouse/Industrial, and, if levied, Not-for- BCPA Category Description BCPA Code Allocated Units Unit Type Acreage (Vacant)A 732 Acres Commercial C 9,442,619 Sq Ft Residential R 19,123 Dwelling Units Warehouse/Industrial W 6,651,184 Sq Ft Government, Exempt X 802,465 Sq Ft Not For Profit, Exempt Y 442,019 Sq Ft City of Dania Beach / FY 2027 Fire Services Assessment Study 11 profit parcels are assessed based on square footage of the structures by fire class on each parcel. The costs associated with any exempt parcels have not been reallocated to the remaining non-exempt parcels and those costs are assumed by other sources of City revenue. Calls For Service Analysis The costs identified in this study are apportioned to property categories based upon an analysis of the calls for service data provided by BSO. The call/incident data identified the number and type of calls made by City Fire and EMS vehicles for three years beginning January 1, 2023 – December 31, 2025. The call/incident data is extracted from the National Fire Incident Reporting System (NIFRS). The data field containing the type of call/incident was used to separate calls determined to be Fire Services, and those determined to be EMS or other non-Fire calls. Only Fire Services calls were used for the apportionment of the Fire Assessments. We also excluded from the call data calls to property that was located outside of the City limits or served for fire rescue by other entities, such as the Fort Lauderdale/Hollywood International Airport or Port Everglades. The call data represented 23,349 calls over the three-year time period. Of these calls, 2,457 were identified by incident type as Fire related. Beyond identifying the call/incident type, we then allocated the Fire calls using property types as coded in the call data. Of the 2,457 calls identified as Fire related, 2,303 were calls to real property and specific property uses. The remaining 154 calls were to non-real property or non-specific property such as streets/roads (vehicular accidents) and were therefore excluded from the apportionment analysis. The remaining 2,303 calls were assigned to the assessment property classifications. Table 5 below illustrates the assignment of calls to the property categories identified in the previous subsection. The percentages identified in the Fire Calls to Real Property are used to allocate the FY 2027 Net Revenue Requirement to each property class. Table 5 – Fire Call Allocation to Real Property, by Property Type Apportionment of the Net Revenue Requirement The next step in the Fire Assessment calculation is to allocate the FY 2027 Net Revenue Requirement amongst the property classes. This is done by utilizing the allocations of Fire calls to real property as identified in the previous section. Featured below, Table 6 contains the apportionment of the FY 2027 Net Revenue Requirement to the identified property classes. All Eligible Calls - Real Property BCPA Code 3-Year Call Total % of Total Acreage, Vacant, Lot A 23 1.00% Commercial C 870 37.78% Residential R 1,210 52.54% Warehouse/Industrial W 96 4.17% Government X 83 3.60% Not For Profit Y 21 0.91% 2,303 100.00% City of Dania Beach / FY 2027 Fire Services Assessment Study 12 Table 6 – Allocation of FY 2027 Net Revenue Requirement Fire Assessment Rate Calculation Full (100%) Cost Recovery Rate Calculation To calculate the FY 2027 Fire Assessments, we utilized the apportioned costs and total units per property classification as identified in the previous sections of this report. The amount of assessable costs allocable to each property class was divided by the number of assessment units identified i n each property class to compute the Fire Assessment to be imposed against each parcel. Table 7 below presents the calculated FY 2027 Assessment Rates at full (100%) cost recovery, as well as a comparison of the existing FY 2026 Assessment Rates: Table 7 – FY 2027 Assessment Rate Calculation – Full (100%) Cost Recovery While the full cost FY 2027 Net Revenue Requirement is apportioned to all properties, the actual revenue realized will be less because exempted property is included in the apportionment but cannot be billed/assessed. In addition, a 96% budget adjustment factor was used to calculate the estimated net collected revenue after accounting for early payment discounts to the assessment bills. Table 8 below presents the estimated net billed and estimated assessment revenue at full (100%) cost recovery as well as a calculation of additional revenue generated from the FY 2026 estimated collections. BCPA Category Description BCPA Code Call Allocation % Allocated FY 2027 NRR Acreage (Vacant)A 1.00%99,517$ Commercial C 37.78%3,764,349$ Residential R 52.54%5,235,474$ Warehouse/Industrial W 4.17%415,376$ Government, Exempt X 3.60%359,128$ Not For Profit, Exempt Y 0.91%90,864$ Total:100.00%9,964,708$ BCPA Category Description BCPA Code Call Allocation % Allocated FY 2027 NRR Allocated Units Unit Type FY 2027 - Calculated Rates per Unit FY 2026 - Current Rates per Unit Acreage (Vacant)A 1.00%99,517$ 732 Acre 135.94$ 72.87$ Commercial C 37.78%3,764,349$ 9,442,619 Sq Ft 0.3986$ 0.4177$ Residential R 52.54%5,235,474$ 19,123 Dwelling Unit 273.77$ 270.76$ Warehouse/Industrial W 4.17%415,376$ 6,651,184 Sq Ft 0.0624$ 0.0513$ Government, Exempt X 3.60%359,128$ 802,465 Sq Ft 0.4475$ 0.6556$ Not For Profit, Exempt Y 0.91%90,864$ 442,019 Sq Ft 0.2055$ 0.1723$ 100.00%9,964,708$ Less Exemptions:(765,725)$ Net Billed Assessment:9,198,983$ Budgetary Adjustment/Discount 96% FY 2027 Estimated Collected Revenue 8,831,024$ City of Dania Beach / FY 2027 Fire Services Assessment Study 13 Table 8 – Net Billed and Estimated Collected Revenue – Full (100%) Cost Recovery Consideration of Fair Apportionment of Assessment While there can be many ways to fairly apportion the costs of the fire services to benefited properties, we note the following: Apportioning costs among classifications of property based upon the historical demand for fire rescue services is a fair and reasonable method because it reflects the property uses' potential fire risk based upon building use and is a reasonable proxy for the firefighters training and experience, quantity and size of apparatus, and other special firefighting equipment that must be available in accordance with the City’s standards and practices. It is fair and reasonable to allocate costs to any particular non-residential structure without any limit to the square footage of a structure as large buildings require more resources and more value of property benefits from fire protection. It is fair and reasonable to not consider the flow capacity of fire apparatus as a limiting factor to fire protection as larger buildings will have fire flows provided independent of the apparatus cumulative pumping capacity. The amount of personnel engaged in firefighting increases with building size and personnel costs are the l argest costs in fire protection. Buildings cannot be permitted for construction if a local government cannot provide adequate fire protection at the time they are ready for occupancy. Apportioning costs among classifications of property (Fire Class code) based upon both historical demand for fire rescue services is fair and reasonable and proportional to the special benefit received and will ensure that no property is assessed an amount greater than the special benefit received. Apportioning costs to unimproved properties is fair and reasonable as fire call data demonstrates that there are calls to those properties that are not infrequent. Fires on unimproved properties can spread to other parcels, both improved and unimproved, and in an urban environment, uncontrolled or unaddressed fires can cause significant damage. Property owners can be held responsible for fires on their property that spread to other parcels. The fire rescue incident reports (NFIRS) are the most reliable data available to determine the potential demand for fire services from property use and to determine the benefit to property use resulting from the demand for fire services to protect and serve buildings and land located within assessed property and their intended occupants. There exist sufficient fire incident reports that document the historical demand for fire services from assessed BCPA Category Description BCPA Code Allocated Assessment Less: Exemptions Total Billed Assessment Acreage (Vacant)A 99,517$ (5,121)$ 94,397$ Commercial C 3,764,349$ (65,213)$ 3,699,137$ Residential R 5,235,474$ (241,909)$ 4,993,565$ Warehouse/Industrial W 415,376$ (3,492)$ 411,885$ Government, Exempt X 359,128$ (359,128)$ -$ Not For Profit, Exempt Y 90,864$ (90,864)$ -$ 9,964,708$ (765,725)$ 9,198,983$ Budgetary Adjustment/Discount 96% FY 2027 Estimated Collected Revenue 8,831,024$ FY 2026 Estimated Collected Revenue 8,605,356$ $ Change 225,668$ City of Dania Beach / FY 2027 Fire Services Assessment Study 14 property within the property use categories. The relative demand that has been determined for each property use category by an examination of such fire incident reports is consistent with the experience of the City. Therefore, the use of the relative percentages that were determined by an examination of fire rescue incident reports is a fair and reasonable method to apportion the fire services assessed costs among the property use categories (Fire Class codes). Neither the size nor the value of the residential property determines the scope of the required fire response by the City. The potential demand for fire services is driven by the existence of a dwelling unit. Apportioning the percentage of the fire services assessed costs relating to the relative demand for fire services attributable to residential property on a per dwelling unit basis (Fire Basis) is required to avoid cost inefficiency and unnecessary administration and is a fair and reasonable method of parcel apportionment based upon historical call data. The separation of non-residential property buildings by actual square footage (Fire Basis) is fair and reasonable for the purpose of parcel apportionment for the relative demand because the demand for fire service is determined and measured by the actual square footage of structures and improvements within benefited parcels. The greater the building area, the greater the potential for a large fire and the greater the amount of firefighting resources that must be available in the event of a fire in a structure of that building’s size. It is fair and reasonable to correlate a building’s benefit directly to a building’s size, without limit. Based upon the historical demand for fire protection services, the percentages of the City’s total fire protection assessable costs attributable to vacant non-agricultural properties were calculated. The costs attributable to parcels were divided by the number of acres (Fire Basis) associated with parcels in the Acreage category to compute the fire assessment rate per acre. An acreage charge is a fair and reasonable allocation for vacant non-agricultural properties. For residential parcels that contain non-residential buildings, non-residential improvements located on the parcel were treated according to their non-residential property use category and size to compute the parcel’s non- residential fire protection assessment. This assessment was then added to the parcel’s residential fire services assessment. For non-residential parcels that contain a residence, the number of dwelling units by type located on the parcel was multiplied by the rate per dwelling unit to compute the parcel’s residential fire services assessment. This assessment was then added to the parcel’s non-residential fire services assessment. For agricultural parcels that contain a residence or non-residential building, the parcel was assessed for the actual number of dwelling units by type located on the parcel and/or the appropriate assessment for the non-residential building square footage. The property used for agricultural purposes was not assessed. We believe that the apportionment methodology prepared here is fair and reasonable and benefits the property that will be assessed and that it fits the particular properties in and nature of the City of Dania Beach. City of Dania Beach / FY 2027 Fire Services Assessment Study 15 Section 4 – Summary of Recommendations Based upon the results of the analysis presented herein, we recommend the following: 1. We recommend the Assessment Rates presented herein to be adopted by the City for FY 2027 at or below the full cost recovery calculation. 2. We recommend the City continue its policy of evaluating the fire assessment rates on an annual basis and adjusting the assessment rates to reflect increases in the cost of Fire Service. 3. We recommend the City to continue to update the fire assessment rates annually to keep pace with ongoing changes in costs, call allocations and property demographics. City of Dania Beach Finance Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Candido Sosa-Cruz, ICMA-CM, City Manager VIA: Yeimy Guzman, CPA, Chief Financial Officer SUBJECT: A Resolution adopting the Solid Waste Service Assessment Rate for Fiscal Year 2026-27 Request: The City Administration recommends that the City Commission approve a Resolution adopting the Solid Waste Service Assessment Rate for Fiscal Year 2026-27. Background: The City of Dania Beach enacted Ordinance No. 09-96 (the "Ordinance"), which authorizes the imposition of Solid Waste Service Assessments for Solid Waste Collection and Disposal Services, facilities or programs against assessed property located within the City. Solid Waste Service Assessments are not being imposed upon all improved properties within the City, as certain improved properties are subject to direct billing arrangements with an authorized commercial collection service provider for collection and disposal of solid waste. The re-imposition of a Solid Waste Service Assessment for Solid Waste Collection and Disposal Services, facilities, or programs each fiscal year is an equitable and efficient method of allocating and apportioning the Solid Waste cost among parcels of assessed property. The City Commission on July 7, 2026, adopted Resolution No. 2026-092 (the "2026 Preliminary Rate Resolution"), containing and referencing a brief and general description of the Solid Waste Collection and Disposal Services, facilities or programs to be provided to assessed property, describing the method of apportioning the Solid Waste cost for Solid Waste Collection and Disposal Services, facilities or programs against assessed property, directing the updating and preparation of the Assessment Roll for Fiscal Year beginning October 1, 2026 ("Fiscal Year 2026-27") and the provision of published notice required by the Ordinance and mailed notice. In order to re-impose Solid Waste Service Assessments for the Fiscal Year beginning October 1, 2026, the Ordinance requires the City Commission to adopt an Annual Rate Resolution during its budget adoption process for each Fiscal Year, which establishes the rate of assessment and approves the Assessment Roll for the upcoming Fiscal Year, with such amendments as the City Commission deems appropriate, after hearing comments and objections of all interested parties. A public hearing was held on September 14, 2026, during which comments and objections of all interested parties were heard and considered, as required by the terms of the Ordinance. Budgetary Impact The recommended annual Residential Solid Waste Services Assessment of $412.32 is intended to fund approximately $3 million of the City’s Solid Waste function, with a gross levy of $3.144 million. Recommendation Approve the Resolution adopting the Solid Waste Service Assessment Rate for Fiscal Year 2026-27. RESOLUTION NO. 2026-______ WHEREAS, the City Commission of the City of Dania Beach, Florida, enacted Ordinance No. 09-96 (the "Ordinance"), which authorizes the imposition of Solid Waste Service Assessments for Solid Waste Collection and Disposal Services, facilities, or programs against assessed property located within the City; and WHEREAS, Solid Waste Service Assessments are not being imposed upon all improved properties within the City, as certain improved properties are subject to direct billing arrangements with an authorized commercial collection service provider for the collection and disposal of Solid Waste; and WHEREAS, the re-imposition of a Solid Waste Service Assessment for Solid Waste Collection and Disposal Services, facilities or programs less than City-wide is an equitable and efficient method of allocating and apportioning the Solid Waste cost among parcels of assessed property located in those incorporated areas of the City annexed pursuant to Chapter 90-483, “Laws of Florida” (the “Griffin Road Annexation Area”) and annexed pursuant to Chapter 2000- 474, “Laws of Florida” (collectively referred to as the "Solid Waste Assessment Area"); and WHEREAS, the re-imposition of a Solid Waste Service Assessment for Solid Waste Collection and Disposal Services, facilities, or programs each fiscal year is an equitable and efficient method of allocating and apportioning the Solid Waste cost among parcels of assessed property; and WHEREAS, the City Commission on July 7, 2026, adopted Resolution No. 2026-092 (the "2026 Preliminary Rate Resolution"), containing and referencing a brief and general description of the Solid Waste Collection and Disposal Services, facilities or programs to be provided to assessed property, describing the method of apportioning the Solid Waste cost for Solid Waste Collection and Disposal Services, facilities or programs against assessed property, directing the 2 RESOLUTION #2026-______ updating and preparation of the Assessment Roll for Fiscal Year beginning October 1, 2026 ("Fiscal Year 2026-27") and the provision of published notice required by the Ordinance and mailed notice, if circumstances described in Section 2.08(F) of the Ordinance so require; and WHEREAS, in order to re-impose Solid Waste Service Assessments for the Fiscal Year beginning October 1, 2026, the Ordinance requires the City Commission to adopt an Annual Rate Resolution during its budget adoption process for each Fiscal Year, which establishes the rate of assessment and approves the Assessment Roll for the upcoming Fiscal Year, with such amendments as the City Commission deems appropriate, after hearing comments and objections of all interested parties; and WHEREAS, the updated Assessment Roll has previously been made available for inspection by the public, as required by the Ordinance; and WHEREAS, notice of a public hearing has been published and mailed as required by the terms of the Ordinance, which provides notice to all interested parties of an opportunity to be heard; and WHEREAS, a public hearing was held on September 14, 2026, during which comments and objections of all interested parties were heard and considered, as required by the terms of the Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That this Resolution is adopted pursuant to the Ordinance, the 2026 Preliminary Rate Resolution, Article VIII, Section 2 of the Florida Constitution, Sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law. Section 2. That 1this Resolution constitutes the Annual Rate Resolution for Fiscal Year 2026-27. All capitalized terms in this Resolution shall have the meanings defined in such Ordinance, the Initial Assessment Resolution (Resolution No. 64-96), the Final Assessment Resolution (Resolution No. 71-96), and the 2026 Preliminary Rate Resolution. Section 3. 3 RESOLUTION #2026-______ Assessment Roll for Fiscal Year 2026-27, a copy of which was present and available for inspection at the above-referenced public hearing and is incorporated into and made a part of this Resolution by this reference. It is ascertained, determined, and declared that each parcel of assessed property within the City will specially benefit from the City's provision of Solid Waste Collection and Disposal Services, facilities, or programs in an amount not less than the Solid Waste Service Assessment for such parcel, computed in the manner set forth in the 2026 Preliminary Rate Resolution. 4 RESOLUTION #2026-______ and other Non-Ad Valorem assessments, except as otherwise provided by law, and such lien shall be superior in dignity to all other liens, titles, and claims, until paid. Section 4. The 2026 Preliminary Rate Resolution is hereby ratified and confirmed. Section 5. The adoption of this Annual Rate Resolution shall be the final adjudication of the issues presented including, but not limited to, the determination of special benefit and fair apportionment to the assessed property, the method of apportionment and assessment, the rate of assessment, the Assessment Roll and the levy and lien of the Solid Waste Service Assessments, unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within twenty (20) days from the date of adoption of this Solid Waste Service Assessment Resolution. Section 6. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 7. That this Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED on __________________, 2026. 5 RESOLUTION #2026-______ ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY City of Dania Beach Finance Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Candido Sosa-Cruz, ICMA-CM, City Manager VIA: Yeimy Guzman, CPA, Chief Financial Officer SUBJECT: Resolution Adopting the Stormwater Assessment Rate for Fiscal Year 2026-27 Request: The City Administration recommends that the City Commission approve a Resolution adopting the Stormwater Assessment Rate for Fiscal Year 2026-27. Background: The City Commission enacted Ordinance No. 13-96, as amended (the "Stormwater Utility Ordinance"), which authorizes the imposition of Stormwater Assessments for Stormwater Management, capital, and administrative services against property located within the City. The imposition and re-imposition of a Stormwater Assessment for Stormwater Management Services each fiscal year is an equitable and efficient method of allocating and apportioning Stormwater Service Costs among parcels of property. The City Commission desires to impose and re-impose a stormwater assessment program within the City using the tax bill collection method for the Fiscal Year beginning on October 1, 2026. The City Commission, on July 7, 2026, adopted a preliminary rate of $120.00 per ERU (“Equivalent Residential Unit”), containing and referencing a brief and general description of the Stormwater management, capital, and administrative services to be provided to property. In order to re-impose Stormwater Assessments for the Fiscal Year beginning October 1, 2026, the Stormwater Utility Ordinance requires the City Commission to adopt an Annual Stormwater Assessment Resolution during its budget adoption process for each Fiscal Year, which establishes the rate of assessment and approves the Stormwater Assessment Roll for the upcoming Fiscal Year. The updated Stormwater Assessment Roll has previously been made available for inspection by the public, as required by the Stormwater Utility Ordinance. A notice of a public hearing has been published and mailed as required by the terms of the Stormwater Utility Ordinance, which provides notice to all interested parties of an opportunity to be heard. A public hearing was held on September 14, 2026, and comments and objections of all interested parties have been heard and considered as required by the terms of the Stormwater Utility Ordinance. Budgetary Impact The recommended annual Stormwater Special Assessment of $120.00 is intended to fund approximately $5,776,145 of the City’s Stormwater Fund budget, with a gross levy of $6,048,319. Recommendation Approve the Resolution adopting the Stormwater Assessment Rate for Fiscal Year 2026-27. RESOLUTION NO. 2026-______ WHEREAS, the City Commission of the City of Dania Beach, Florida, enacted Ordinance No. 13-96, as amended (the "Stormwater Utility Ordinance"), which authorizes the imposition of Stormwater Assessments for Stormwater Management, capital, and administrative services against property located within the City; and WHEREAS, the imposition and re-imposition of a Stormwater Assessment for each fiscal year is an equitable and efficient method of allocating and apportioning Stormwater Service Costs among parcels of property; and WHEREAS, the City Commission desires to impose and re-impose a stormwater assessment program within the City using the tax bill collection method for the Fiscal Year beginning on October 1, 2026 ("Fiscal Year 2026-27"); and WHEREAS, the City Commission, on July 7, 2026, adopted a Resolution establishing a proposed Stormwater Assessment rate of $120.00 per ERU (“Equivalent Residential Unit”) for Fiscal Year 2026-27, containing and referencing a brief and general description of the Stormwater management, capital and administrative services to be provided to property, describing the method of apportioning the Stormwater Service Cost for Stormwater management, capital and administrative services against property, directing the updating and preparation of the Stormwater Assessment Roll for Fiscal Year 2026-27 and provision of published notice required by the Stormwater Utility Ordinance and mailed notice only in the event circumstances described in section 197.3632(4)(a), Florida Statutes, so require (the "2026 Preliminary Rate Resolution"); and WHEREAS, in order to re-impose Stormwater Assessments for the Fiscal Year beginning October 1, 2026, the Stormwater Utility Ordinance requires the City Commission to adopt an Annual Stormwater Assessment Resolution during its budget adoption process for each Fiscal Year, which establishes the rate of assessment and approves the Stormwater Assessment Roll for 2 RESOLUTION #2026-______ the upcoming Fiscal Year with such amendments as the City Commission deems appropriate, after hearing comments and objections of all interested parties; and WHEREAS, the updated Stormwater Assessment Roll has previously been made available for inspection by the public, as required by the Stormwater Utility Ordinance; and WHEREAS, notice of a public hearing has been published and mailed as required by the terms of the Stormwater Utility Ordinance, which provides notice to all interested parties of an opportunity to be heard; and WHEREAS, a public hearing was held on September 14, 2026, and comments and objections of all interested parties have been heard and considered as required by the terms of the Stormwater Utility Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. Authority. This Resolution is adopted pursuant to the Stormwater Utility Ordinance, the 2026 Preliminary Rate Resolution, Article VIII, Section 2 of the Florida Constitution, Sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law. Section 2. Definitions and Interpretation. This Resolution constitutes the Annual Stormwater Assessment Resolution for Fiscal Year 2026-27. All capitalized terms in this Resolution shall have the meanings defined in such Stormwater Utility Ordinance, the Initial Stormwater Assessment Resolution (Resolution No. 73-96), the Final Stormwater Assessment Resolution (Resolution No. 86-96, as amended and supplemented by Resolution No. 103-96 and Resolution No. 116-96) and the 2026 Preliminary Rate Resolution. Section 3. Imposition and Re-imposition of Stormwater Assessments. 3 RESOLUTION #2026-______ Stormwater Assessment Roll for Fiscal Year 2026-27, a copy of which was present or available for inspection at the above referenced public hearing and it is incorporated by this reference. It is ascertained, determined, and declared that the estimated gross revenue to be derived from the imposition of Stormwater Assessments at the rate of $120.00 per ERU is $6,048,319. 4 RESOLUTION #2026-______ assessments and superior in rank and dignity to all other liens, encumbrances, titles, and claims in and to or against the real property involved and shall be deemed perfected upon the issuance of the Certificate of Occupancy. Section 4. The 2026 Preliminary Rate Resolution is hereby ratified and confirmed. Section 5. The adoption of this Annual Stormwater Assessment Resolution shall be the final adjudication of the issues presented (including, but not limited to, the determination of special benefit and fair apportionment to the property, the method of apportionment and assessment, the rate of assessment, the Stormwater Assessment Roll as directed to be modified herein under the circumstances and the levy and lien of the Stormwater Assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within twenty (20) days from the date of adoption of this Annual Stormwater Assessment Resolution. Section 6. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 7. That this Resolution shall become effective upon its passage and adoption. PASSED AND ADOPTED on __________________, 2026. 5 RESOLUTION #2026-______ ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY City of Dania Beach Finance Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Candido Sosa-Cruz, ICMA-CM, City Manager VIA: Yeimy Guzman, CPA, Chief Financial Officer SUBJECT: Approval of a Resolution adopting proposed millage rates for the Fiscal Year beginning October 1, 2026, and ending September 30, 2027 Request: The City Administration requests approval of a Resolution adopting proposed millage rates for the Fiscal Year beginning October 1, 2026, and ending September 30, 2027. Background: The City Manager has prepared and submitted to the City Commission an annual report covering the operation of the City and has set forth in it an estimate of the expenditures and revenues of the City for the ensuing year beginning October 1, 2026, and ending September 30, 2027. The City Manager has presented to the City Commission detailed information supporting such estimates, affording the City Commission a comprehensive understanding of the City Government for the ensuing period identified above, including expenditures for corresponding items during the last two fiscal years and increased and decreased demands for the ensuing year as compared with corresponding appropriations for the last fiscal year. The City Commission has met and carefully considered the annual report and estimate and has determined and fixed the amount necessary to carry on the government of the City for the ensuing year, has prepared a tentative budget setting forth the amounts necessary to be raised for the various departments of the City, and has appropriated such amounts to the various departments of the City considering the applicable funds on hand and the estimated departmental revenues. The City Commission has determined that in order to produce a sufficient sum to fund the tentative proposed budget, it is necessary that an operating millage of 5.9998 be levied against ad valorem valuation of property subject to taxation in the City, and the “rolled back rate” is 5.7133 mills, and the proposed millage reflects a 5.01% increase over the rolled-back rate. The City Commission has further determined that, in order to sufficiently fund its debt obligations, the voted debt service millage rate shall be 0.0447 mills. Budgetary Impact Adoption of the following proposed millage rates will provide the required funding for the operations and debt service of the City of Dania Beach for the Fiscal Year ending September 30, 2027: Operating: 5.9998 (no change) Debt Service: 0.0447 (decreased by .0538) Total combined millage levy: 6.0445 This results in a gross combined ad valorem levy of $50,311,786 and net budgeted revenue of $48,047,756. Recommendation Approve the Resolution adopting proposed millage rates for the Fiscal Year beginning October 1, 2026, and ending September 30, 2027. RESOLUTION NO. 2026-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING THE PROPOSED MILLAGE RATE NECESSARY TO BE LEVIED FOR THE FISCAL YEAR 2026-2027 FOR OPERATING PURPOSES; ESTABLISHING THE DEBT MILLAGE APPROVED BY THE ELECTORATE; PROVIDING FOR A PUBLIC HEARING WHEN AND WHERE OBJECTIONS MAY BE HEARD AND QUESTIONS CONCERNING THE SAME WILL BE ANSWERED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Charter of the City of Dania Beach, Florida, requires that the City Commission shall, by Resolution, adopt an annual budget, determine the amount of millage necessary to be levied, and publish the budget so adopted, together with a notice stating the time and place where objections may be heard and questions concerning the objections will be heard; and WHEREAS, the City Manager of the City of Dania Beach, Florida, has prepared and submitted to the City Commission an annual report covering the operation of the City and has set forth in it an estimate of the expenditures and revenues of the City for the ensuing year beginning October 1, 2026 and ending September 30, 2027, with sufficient copies of such report and estimate being on file in the office of the City Clerk, so that any interested parties may obtain copies upon request; and WHEREAS, the City Manager has presented to the City Commission detailed information supporting such estimates, affording the City Commission a comprehensive understanding of the City Government for the ensuing period identified above, including expenditures for corresponding items during the last two fiscal years and increased and decreased demands for the ensuing year as compared with corresponding appropriations for the last fiscal year; and WHEREAS, the City Commission has met and carefully considered the annual report and estimate and has determined and fixed the amount necessary to carry on the government of the City for the ensuing year, has prepared a tentative budget setting forth the amounts necessary to be raised for the various departments of the City, and has appropriated such amounts to the various departments of the City considering the applicable funds on hand and the estimated departmental revenues; and 2 RESOLUTION #2026-______ WHEREAS, pursuant to the referendum approved by the voters of the City in the March 2005 Election, the issuance of General Obligation Bonds in an amount not to exceed $10,300,000.00 was authorized, and the City has issued a General Obligation Bond in the amount of $10,300,000.00 and the City will be levying a debt millage equal to 0.0447 mills toward the payment of principal and interest on the Bond; and WHEREAS, the City Commission has determined that in order to produce a sufficient sum to fund the tentative proposed budget, it is necessary that an operating millage of 5.9998 be levied against ad valorem valuation of property subject to taxation in the City of Dania Beach; and WHEREAS, the “rolled back rate” as computed in accordance with the provisions of Section 200.065(1), Florida Statutes, is 5.7133 mills, and the proposed millage reflects a 5.01% increase over the rolled-back rate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proposed operating millage necessary to be levied against ad valorem valuation of property subject to taxation in the City of Dania Beach to produce a sufficient sum, which, together with departmental revenue, will be adequate to pay the appropriations made in the tentative budget, is as follows: FOR OPERATING BUDGET: (GENERAL MUNICIPAL MILLAGE) 5.9998 mills Section 2. That the proposed millage rate is a 5.01% increase over the rolled back rate of 5.7133 mills as computed in accordance with the provisions of Section 200.065(1), Florida Statutes. Section 3. That the voted debt service millage rate is 0.0447 mills in accordance with the provisions of law pursuant to Chapter 200, Florida Statutes. Section 4. That the City’s aggregate millage rate is 6.0445 mills (5.9998 mills for operating and 0.0447 mills for debt service). Section 5. That the City Commission of the City of Dania Beach will meet on September 24, 2026, at 100 West Dania Beach Boulevard at 7:00 p.m. for the purpose of adopting the above stated millage rate and answering questions concerning it. The City Manager shall specify the purposes for which ad valorem tax revenues are being increased, if any, over the “rolled 3 RESOLUTION #2026-______ back rate”. A notice of this public hearing shall be published in compliance with the provisions of Section 200.065(2) (d) and Section 200.065(3), Florida Statutes. Section 6. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 7. That this Resolution shall become effective upon its passage and adoption. PASSED AND ADOPTED on __________________, 2026. EVE A. BOUTSIS CITY ATTORNEY Certification of Taxable Value Certification of School Taxable Value Certification of Taxable Value, Certification of School Taxable Value DR-420MM-P R. /26 Rule 12D-16.002 F.A.C. Effective /26 Page 1 of 3 Provisional Continued on page 2 MAXIMUM MILLAGE LEVY CALCULATION PRELIMINARY DISCLOSURE For municipal governments, counties, and special districts Year: County: Principal Authority Name:Taxing Authority Name: 1. Is your taxing authority a municipality or independent special district that has levied ad valorem taxes for less than 5 years? Yes No (1) IF YES, STOP HERE. SIGN AND SUBMIT. You are not subject to a millage limitation. 2. Current year rolled-back rate from Current Year Form DR-420, Line 16 per $1,000 (2) Calculatemaximummillagelevy 3. Majority vote maximum millage rate allowed (Enter rolled-back rate from line 2)per $1,000 (3) 4. Two-thirds vote maximum millage rate allowed (Multiply Line 3 by 1.10)per $1,000 (4) 5. Current year proposed millage rate (See page 3 for Instructions)per $1,000 (5) 6.Minimum vote required to levy proposed millage: (Check one) (6) a. Majority vote of the governing body: Check here if Line 5 is less than or equal to Line 3. The maximum millage rate is equal to the Enter Line 3 on Line 7. b. Two-thirds vote of governing body: Check here if Line 5 is less than or equal to Line 4, but greater than Line 3. The maximum millage rate is equal to proposed rate. Enter Line 5 on Line 7. c. Unanimous vote of the governing body, or 3/4 vote if nine members or more: Check here if Line 5 is greater than Line 4. The maximum millage rate is equal to the proposed rate. Enter Line 5 on Line 7. d. Referendum: The maximum millage rate is equal to the proposed rate. Enter Line 5 on Line 7. 7.The selection on Line 6 allows a maximum millage rate of (Enter rateindicated bychoiceonLine6)per $1,000 (7) 8. Current year gross taxable value from Current Year Form DR-420, Line 4 $ (8) 9. Current year proposed taxes (Line 5 multiplied by Line 8, divided by 1,000)$ (9) 10. Total taxes levied at the maximum millage rate (Line 7 multiplied by Line 8, divided by 1,000)$ (10) DEPENDENT SPECIAL DISTRICTS AND MUNICIPAL SERVICE TAXING UNITS (MSTUs) STOP HERE. SIGN AND SUBMIT. 11. Enter the current year proposed taxes of all dependent special districts & MSTUs levying a millage . (The sum of all Lines9 from each district'sFormDR-420MM-P)$ (11) 12. Total current year proposed taxes (Line 9 plus Line 11)$ (12) Total MaximumTaxes 13. Enter the taxes at the maximum millage of all dependent special districts & MSTUs levying a millage (The sum of all Lines 10 from each district's Form DR-420MM-P) $ (13) 14. Total taxes at maximum millage rate (Line 10 plus line 13)$ (14) Total Maximum VersusTotalTaxesLevied 15.Are totalcurrentyearproposed taxes on Line12equaltoorless than total taxes at the maximummillagerate onLine14?(Checkone) YES NO (15) DR-420MM-P R./26 Page 2 of 3 Provisional S I G N H E R E TaxingAuthorityCertification I certify the millages and rates are correct to the best of my knowledge. The millages comply with the provisions of s. 200.065 and the provisions of either s. 200.071 or s. 200.081, F.S. Signature of Chief Administrative Officer : Date : Title: Contact Name and Contact Title: Mailing Address: Physical Address: City, State, Zip: Phone Number: Fax Number: Complete, certify and submit this Form DR-420MM-P, Maximum Millage Levy Calculation-Preliminary Disclosure, to your property appraiser with a completed Form DR-420, Certification of Taxable Value. Submit the forms electronically through the Department’s Oversight and Assistance System (OASYS) electronic portal using the Truth in Millage (eTRIM) application at https://eportal.oasys.floridarevenue.com/. All TRIM forms for taxing authorities are available at: floridarevenue.com/property/forms City of Dania Beach Finance Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Candido Sosa-Cruz, ICMA-CM, City Manager VIA: Yeimy Guzman, CPA, Chief Financial Officer SUBJECT: Approval of a Tentative Annual Budget for the City for the Fiscal Year 2026-2027 Request: The City Administration requests that the City Commission approve a Tentative Annual Budget for the City for the Fiscal Year 2026-2027. Background: The City Manager has prepared and submitted to the City Commission an annual report covering the operation of the City and has set forth in it an estimate of the expenditures and revenues of the City for the ensuing year, beginning October 1, 2026, and ending September 30, 2027. The City Manager has presented to the City Commission detailed information supporting such estimate, affording the City Commission a comprehensive understanding of the City Government for the ensuing period, including expenditures for corresponding items during the last two fiscal years and increased and decreased demands for the ensuing year as compared with corresponding appropriations for the last fiscal year. The City Commission has met and carefully considered such annual report and estimate for the ensuing year, has prepared a tentative budget setting forth the amounts necessary to be raised for the various departments of the City, and has appropriated the amounts to the various departments of the City, considering the applicable funds on hand and the estimated departmental revenues. Budgetary Impact The total budgeted revenues and expenditures across all budgeted funds equal $136,454,970. Recommendation Approve the Tentative Annual Budget for the City for the Fiscal Year 2026-2027. RESOLUTION NO. 2026-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING A TENTATIVE ANNUAL BUDGET FOR THE CITY FOR THE FISCAL YEAR 2026-2027; PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS WILL BE HEARD AND QUESTIONS CONCERNING THE BUDGET WILL BE ANSWERED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Charter of the City of Dania Beach, Florida, requires that the City Commission shall, by Resolution, adopt an annual budget, after public hearing, determine the amount of millage necessary to be levied, and publish the budget so adopted, together with a notice stating the time and place where objections to it may be heard; and WHEREAS, the City Manager of the City of Dania Beach, Florida, has prepared and submitted to the City Commission an annual report covering the operation of the City and has set forth in it an estimate of the expenditures and revenues of the City for the ensuing year, beginning October 1, 2026, and ending September 30, 2027, with a copy of the report and estimate being on file in the office of the City Clerk so that any interested parties may view such copy upon request; and WHEREAS, the City Manager has presented to the City Commission detailed information supporting such estimate, affording the City Commission a comprehensive understanding of the City Government for the ensuing period, including expenditures for corresponding items during the last two fiscal years and increased and decreased demands for the ensuing year as compared with corresponding appropriations for the last fiscal year; and WHEREAS, the City Commission has met and carefully considered such annual report and estimate for the ensuing year, has prepared a tentative budget setting forth the amounts necessary to be raised for the various departments of the City and has appropriated the amounts to the various departments of the City considering the applicable funds on hand and the estimated departmental revenues. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: 2 RESOLUTION #2026-______ Section 1. That a tentative budget for the City of Dania Beach, Florida, for the fiscal year beginning October 1, 2026, and ending September 30, 2027, is adopted (subject to the public hearing for which provision is subsequently made below). A copy of the tentative budget summary is attached to this Resolution and made a part of it as “Exhibit A,” and the appropriations set out in it are made for the maintenance and carrying on of the government of the City of Dania Beach, Florida, and for the purpose of paying debt service requirements, if any, of the City for the fiscal year beginning October 1, 2026, and ending September 30, 2027. Section 2. That all delinquent taxes, collected as proceeds from levies of operating millages for former years are specifically appropriated for the use and benefit of the “General Fund”. Section 3. Automatic Amendment: The Fiscal Year 2026-2027 budget is automatically amended to reappropriate open P.O. encumbrances that have not been closed by the Finance Department as a normal function of the City’s fiscal year-end review, fund outstanding contracts, fund required payments on approved City debt, and fund capital projects reserved or unexpended from prior years including Fiscal Year 2025-2026 such appropriations having been previously approved by the City Commission. Section 4. Contingency Funds: Department heads or their designee shall only be allowed to transfer funds from their designated contingency accounts below an aggregate amount of Fifty Thousand Dollars ($50,000.00) per fund with City Manager approval. Aggregate amounts above the Fifty Thousand Dollars ($50,000.00) threshold per fund that are requested to be transferred from Contingency must be approved by the City Commission. Section 5. Reserve Funds: That individual disbursements of fund balance reserves below Twenty-Five Thousand Dollars ($25,000.00) may be authorized by the City Manager from time to time for a single purpose/initiative until the aggregate total of all such disbursements has exceeded One Hundred Thousand Dollars ($100,000.00) within a single fiscal year, upon which all disbursements, regardless of amount, shall be authorized by a resolution of the City Commission. 3 RESOLUTION #2026-______ Section 6. That the City Commission of the City of Dania Beach will meet at 100 West Dania Beach Boulevard on September 24, 2026, at 7:00 p.m. for the purpose of finalizing the budget and answering questions concerning it. The City Manager shall specify the purposes for which ad valorem tax revenues are being increased or decreased, if any, over the “rolled back rate.” A notice of this public hearing was published in strict compliance with the provisions of Section 200.065(2) (d) and Section 200.065(3), Florida Statutes. Section 7. That City staffing positions and capital expenditures reflected and approved in the annual budget establish Commission consent over these areas, and that all additions to these items shall be approved through Commission approval of an amendment to the approved budget. Section 8. That the City shall maintain a General Fund Unassigned Fund Balance of at least Twenty-Five Percent (25%) of the total dollar amount of budgeted annual operating expenditures in the approved General Fund budget and a Disaster Emergency Fund Balance to be utilized for unforeseen disasters or other emergencies as deemed by the City Commission at a minimum of Twenty Percent (20%) of the total dollar amount of the General Fund reserve balance, across all fund balance designations. Section 9. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 10. That this Resolution shall become effective upon its passage and 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 ____ ____ SIGNATURES ON FOLLOWING PAGE 4 RESOLUTION #2026-______ ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY General Fund Special Revenue Funds Debt Service Fund Utility Enterprise Funds Ocean Park Enterprise Fund Internal Service Funds TOTALS Revenue Taxes $ 57,403,738 $ - $ - $ - $ - $ - $ 57,403,738 Permits, Fees and Special Assessments 13,056,534 5,123,289 - 5,796,145 - - 23,975,968 Intergovernmental Revenue 4,717,151 - - 2,641,937 - - 7,359,088 Charges for Services 2,986,225 130,000 - 14,043,300 2,851,500 - 20,011,025 Judgments, Fines, and Forfeits 361,000 - - - 175,000 - 536,000 Miscellaneous Revenues 4,039,715 360,000 - 1,995,000 3,027,655 - 9,422,370 Other Sources 7,277,636 388,331 2,022,710 1,291,390 1,003,171 5,763,543 17,746,781 $ 89,841,999 $ 6,001,620 $ 2,022,710 $ 25,767,772 $ 7,057,326 $ 5,763,543 $ 136,454,970 Expenditure City Commission $ 1,130,931 $ - $ - $ - $ - $ - $ 1,130,931 City Manager 1,623,704 - - - - - 1,623,704 Human Resources / Risk Mgmt. 1,978,049 - - - - - 1,978,049 Legal 1,294,014 - - - - - 1,294,014 Community Development / Parking 2,918,930 2,005,039 - - 4,152,346 - 9,076,315 City Clerk 465,290 - - - - - 465,290 Information Technology - - - - - 3,320,580 3,320,580 Finance 1,836,884 - - 1,032,081 - - 2,868,965 General Government 10,996,102 - 895,111 - - - 11,891,213 Police Services 25,308,271 - - - - - 25,308,271 Fire Rescue 25,443,919 - - - - - 25,443,919 Solid Waste - 3,705,570 - - - - 3,705,570 Public Services / Fleet / Facilities 8,134,785 291,011 - - - 2,442,963 10,868,759 Recreation / Marina / Pier 8,711,120 - 1,127,599 - 2,904,980 - 12,743,699 Water Utility - - - 8,047,299 - - 8,047,299 Sewer Utility - - - 7,392,638 - - 7,392,638 Stormwater - - - 9,295,754 - - 9,295,754 $ 89,841,999 $ 6,001,620 $ 2,022,710 $ 25,767,772 $ 7,057,326 $ 5,763,543 $ 136,454,970 Comprehensive Summary - FY2026-27 Tentative Budget 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: September 14, 2026 To: Mayor Joyce L. Davis Vice Mayor Marco A. Salvino, Sr. Commissioner Lori Lewellen Commissioner Luis Rimoli Commissioner A. J. Ryan IV From: Candido Sosa-Cruz, ICMA-CM, City Manager Subject: Manager’s Report 9/11 Dania Beach Patriot Day Ceremony On Friday, September 11th, the City of Dania Beach came together to honor and remember the 2,977 lives lost on September 11, 2001, while also recognizing the families who have carried that loss with them for the past 25 years. The ceremony provided an important opportunity for our community to reflect on the courage, sacrifice and selfless service demonstrated by so many on that day and in the years that followed. I would like to personally thank BSO Fire Chief Sergio Pellecer for taking the lead in coordinating this meaningful ceremony. Chief Pellecer and his team consistently do an outstanding job ensuring that this important day is commemorated with the dignity and respect it deserves. Parks and Recreation The Chester Byrd Park Improvement Project reached another important milestone with the opening of the Invitation to Bid (ITB) for construction services on September 8th. This represents another significant step toward moving this long-awaited project into construction and delivering additional recreational improvements to the community. The Department is also pleased to report on the successful opening of the new concession stand at C.W. Thomas Park. In just two Dania Beach Dolphins home games, the concession stand generated more than $2,000 in additional revenue. Beyond the financial benefit, this new amenity has improved the overall game-day experience for athletes, families and spectators and further supports the continued growth and success of our youth sports programs. City Clerk The City Clerk's Office continues to efficiently manage the City's public records responsibilities. During the month of August, the office received and processed 96 public records requests, continuing its commitment to timely access, transparency and responsive customer service. The City Clerk's Office is also preparing for the implementation of the City's new online public notices portal, scheduled to go live on October 1st. The portal will be integrated directly into the City's website and will provide residents with convenient access to legal advertisements and public notices from City departments. This represents another positive step toward improving transparency and accessibility of public information. Finance The Finance Department continues to play an important role in maintaining the City's strong financial position while preparing for the upcoming fiscal year. The Finance team has been diligently working through the FY2027 budget process and following the Commission Budget Workshop, published the City's "Budget in Brief" on our website. This resource provides residents with an accessible overview of the proposed budget and reinforces our continued commitment to transparency and responsible financial management. At the same time, Finance has begun the fiscal year-end closing process to ensure that all accounts are properly reconciled and finalized. Following the Commission's approval of the renewal of the auditor contract on August 25th, staff immediately began coordinating with the City's auditors to initiate the annual audit process. This work is essential to maintaining strong financial control, accountability and the high standards expected of our organization. BSO Law Enforcement Back-to-School Operational Plan: BSO implemented a comprehensive back-to-school operational plan to help ensure a safe and orderly start to the new academic year. Deputies were positioned at schools throughout Dania Beach during the first two weeks of classes, providing an enhanced law enforcement presence and additional support for students, parents, teachers and school administrators. Traffic Enforcement Operation: BSO also conducted a targeted traffic enforcement operation along Griffin Road focused on speeding and overall roadway safety. The operation resulted in 64 citations, including 44 citations for speeding. These proactive enforcement efforts remain an important part of our commitment to protecting motorists, pedestrians and neighborhoods throughout the City. Community Safety Events: Over the weekend, BSO hosted a Shred-a-Thon and Prescription Medication Take-Back event, providing residents with a safe and convenient way to dispose of sensitive documents and unwanted medications. Events such as these strengthen the partnership between law enforcement and our community while promoting crime prevention, safety and responsible disposal practices. Motorcycle Show Budget Amount Adjustment As we approach the conclusion of the fiscal year, I am requesting Commission approval of a $5,000 adjustment related to the Motorcycle Show event. This adjustment will allow the City to process two recently received invoices and properly close out the event. Fortunately, sufficient funding is available within an existing Parks account to cover the additional amount. As a result, no additional funding is required. The FY2027 budget has also been adjusted accordingly. Upon Commission approval, staff will proceed with payment of the outstanding invoices and finalize the event expenditures. CORE Conversations Our next and final CORE Conversation will be held on Wednesday, September 16th at 6:00 p.m., at C.W. Thomas Park. These meetings have provided an important opportunity for residents to engage directly with City leadership, ask questions and learn more about the programs, services and projects taking place throughout Dania Beach. Our Department Directors, the City Attorney and I will be present to hear directly from our residents and answer questions regarding matters affecting our community. I encourage residents to attend and take advantage of this opportunity to connect directly with their City leadership team. City Parade Honoring Resident Mr. William Green On Friday, September 11th, several City departments joined together for a special vehicle parade honoring longtime Dania Beach resident Mr. William Green in celebration of his 99th birthday. Public Services, Community Development, Parks and Recreation, BSO Law Enforcement and BSO Fire Rescue all participated in helping make the celebration memorable for Mr. Green and his family. Mr. Green has called Dania Beach home for more than 90 years, representing an extraordinary connection to the history and evolution of our community. Celebrating his 99th birthday gave the City an opportunity not only to recognize an important milestone in his life, but also to honor a resident who has been part of Dania for nearly a century. Moments such as these remind us that the strength of Dania Beach has always been its people, and it was a privilege for our City team to come together and celebrate Mr. Green on this very special occasion. City of Dania Beach 100 WEST DANIA BEACH BLVD DANIA BEACH,FLORIDA 33004 THURSDAY, SEPTEMBER 10,2026 Special Magistrate Agenda Page 1 of 6 Case # Status Hearing Type Property Address Cited Party Default Inspector 2024-00001730 Active P H-ABATEMENT - Abatement Hearing 689 SW 7 TER MORENO, DIMAS J PADILLA H/E RUBIO, JASON A MEJIA Alberto Chavarria 2025-00000394 Active P H-ABATEMENT - Abatement Hearing 234 SW 3 PL BROKENBOROUGH MANAGEMENT LLC Alberto Chavarria 2025-00001965 Active P H-FIRST HEARING - First Hearing FOREST VIEW CIR FOREST VIEW ESTATES LLC Alberto Chavarria 2026-00000092 Active P H-EXTENSION - Extension Hearing 1555 SW 12 AVE GUARANTY LLC Alberto Chavarria 2026-00000632 Active P H-FIRST HEARING - First Hearing 5930 SW 36 TER B'NAI SEPHARDIM SHAARE SHALOM OF HOLLYWOOD INC Alberto Chavarria 2026-00000636 Active P H-FIRST HEARING - First Hearing 5920 SW 36 TER B'NAI SEPHARDIM SHAARE SHALOM OF HOLLYWOOD INC Alberto Chavarria 2026-00000722 Active P H-FIRST HEARING - First Hearing 4851 SW 43 TER PHOENIX 4851 LLC Alberto Chavarria 2026-00000723 Active P H-FIRST HEARING - First Hearing 4301 SW 52 ST ELHARAR, YAALAHODAYA Alberto Chavarria 2025-00000713 Active P H-EXTENSION - Extension Hearing 4350 SW 48 CT DIDI CAPITAL CORP Andre Smith 2025-00001319 Active P H-FIRST HEARING - First Hearing 5511 WOODLAND LN L'CHAIM FARM LLC Andre Smith 2026-00000123 Active P H-EXTENSION - Extension Hearing 220 SW 5 ST REINOSO, ROSA INDHIRA Andre Smith 2025-00001892 Active C H-EXTENSION - Extension Hearing 105 S FEDERAL HWY HARNIK MANAGEMENT LLC Anson Westberry 2026-00000630 Active C H-FIRST HEARING - First Hearing 450 E DANIA BEACH BLVD ARISTOTELIS DAGLARIS & JOHN DAGLARIS Anson Westberry City of Dania Beach 100 WEST DANIA BEACH BLVD DANIA BEACH,FLORIDA 33004 THURSDAY, SEPTEMBER 10,2026 Special Magistrate Agenda Page 2 of 6 2026-00000646 Active P H-FIRST HEARING - First Hearing 50-56 SE 13 ST PROPERTY INVEST W LLC Anson Westberry 2026-00000668 Active P H-FIRST HEARING - First Hearing NE 2 ST MANCUSI, MICHAEL & MANCUSI, JOSEPH % CALIFORNIA DREAM INN Anson Westberry 2026-00000695 Active P H-FIRST HEARING - First Hearing 321 S FEDERAL HWY EL CAR WASH FLORIDA LLC % NATIONAL EXPRESS WASH II LLC Anson Westberry 2026-00000699 Active P H-FIRST HEARING - First Hearing 242 E DANIA BEACH BLVD 242 EDB LLC Anson Westberry 2026-00000702 Active P H-FIRST HEARING - First Hearing SYLVIE & JEAN BEAULIEU Anson Westberry 2026-00000712 Active P H-FIRST HEARING - First Hearing SE 10 TER EZRA GROUP LLC Anson Westberry 2026-00000715 Active P H-FIRST HEARING - First Hearing 1351 SE 7 AVE SCG ATLAS SHERIDAN OCEAN CLUB LLC % RYAN LLC Anson Westberry 2026-00000720 Active P H-FIRST HEARING - First Hearing 1102 SE 2 AVE OLIVEIRA, ANA PAULA Anson Westberry 2026-00000773 Active C H-FIRST HEARING - First Hearing 201 NE 1 CT 201 NE 1 CT LAND TR / YL INVESTORS LLC TRSTEE Anson Westberry 2025-00001860 Active P H-ABATEMENT - Abatement Hearing 38 S FEDERAL HWY DANIA CANTERBURY L P Luciano Nibbs 2025-00001973 Active C H-EXTENSION - Extension Hearing 145 SW 3 AVE FLORIDA EAST COAST RAILWAY ATTN: DANIELA BRANDENBURG Luciano Nibbs 2026-00000640 Active P H-FIRST HEARING - First Hearing 108 NW 14 AVE COLIGNY TANYA S DORVIL PASCAL JAMES Luciano Nibbs 2026-00000729 Active P H-FIRST HEARING - First Hearing 112 NW 4 AVE RUS'S PROPERTY LLC Luciano Nibbs City of Dania Beach 100 WEST DANIA BEACH BLVD DANIA BEACH,FLORIDA 33004 THURSDAY, SEPTEMBER 10,2026 Special Magistrate Agenda Page 3 of 6 2026-00000730 Active P H-FIRST HEARING - First Hearing 112 NW 4 AVE RUS'S PROPERTY LLC Luciano Nibbs 2026-00000742 Active P H-FIRST HEARING - First Hearing 2231 GRIFFIN RD DEER PROPERTIES LLC Marisa Lee 2026-00000931 Active P H-FIRST HEARING - First Hearing 4417 SW 38 TER 4417 /26 LLC Marisa Lee 2023-00001411 Active P H- FORECLSOURE – Foreclosure Hearing PHIPPEN RD WILEY, MIRIAM B Michelle Shahryar 2025-00000540 Active P H-ABATEMENT - Abatement Hearing 2900 SW 45 ST ECOAR LLC Michelle Shahryar 2026-00000010 Active P H-EXTENSION - Extension Hearing 3019 RAVENSWOOD RD 104 SOUSA ELIZABETH PETROSKE Michelle Shahryar 2026-00000060 Active C H-EXTENSION - Extension Hearing 4531 SW 42 TER DIAZ, YESENIA VILADRICH, PABLO DANIEL Michelle Shahryar 2026-00000575 Active C H-FIRST HEARING - First Hearing 49 SW 13 ST MAXWELL J FRITTER / MAXWELL J FRITTER REV LIV TR Michelle Shahryar 2026-00000607 Active P H-FIRST HEARING - First Hearing 43 SW 11 ST EFRONI INVESTMENTS LLC Michelle Shahryar 2026-00000665 Active C H-FIRST HEARING - First Hearing 1040 S FEDERAL HWY 1040 IZQUIERDO'S AT DANIA LLC Michelle Shahryar 2026-00000683 Active C H-REPEAT HEARING - Repeat Hearing 602 S FEDERAL HWY DANIA BEACH COMMERCIAL PROPERTIES LLC Michelle Shahryar 2026-00000703 Active P H-FIRST HEARING - First Hearing 1290 S FEDERAL HWY RDPKS LLC Michelle Shahryar 2026-00000750 Active P H-FIRST HEARING - First Hearing 2421 SW 58 MNR DROUSKIN 1 LLC Michelle Shahryar 2026-00000764 Active P H-FIRST HEARING - First Hearing 2421 SW 58 MNR DROUSKIN 1 LLC Michelle Shahryar City of Dania Beach 100 WEST DANIA BEACH BLVD DANIA BEACH,FLORIDA 33004 THURSDAY, SEPTEMBER 10,2026 Special Magistrate Agenda Page 4 of 6 2026-00000796 Active C H-RECURRING - Recurring Hearing 42 SW 12 ST INVEST IN AC LLC Michelle Shahryar 2026-00000809 Active P H-REPEAT HEARING - Repeat Hearing 20 SW 15 ST BARIOS LLC Michelle Shahryar 2026-00000875 Active P H-FIRST HEARING - First Hearing 225 SE 3 ST WOW HAUS GROUP LLC Michelle Shahryar 2026-00000917 Active P H-FIRST HEARING - First Hearing 4723 SW 34 TER PEREZ, SKY H/E GUR, MAYA Michelle Shahryar 2026-00000267 Active P H-EXTENSION - Extension Hearing 4730 SW 26 TER OE INVESTMENTS LLC Ricky Ali 2026-00000291 Active P H-EXTENSION - Extension Hearing 4730 SW 26 TER O E INVESTMENTS LLC Ricky Ali 2026-00000356 Active P H-EXTENSION - Extension Hearing 4697 SW 35 AVE HAREL DEVELOPMENT LLC Ricky Ali 2026-00000509 Active P H-FIRST HEARING - First Hearing 3341 SW 44 ST MCCUMBER, TED RINGSTAD, BARBARA Ricky Ali 2026-00000626 Active P H-FIRST HEARING - First Hearing 4671 SW 26 TER BUCASEY ARON H/E BUCASEY PERLA Ricky Ali 2026-00000660 Active P H-FIRST HEARING - First Hearing 2231 GRIFFIN RD DEER PROPERTIES LLC Ricky Ali 2026-00000661 Active P H-FIRST HEARING - First Hearing 2229 GRIFFIN RD DEER PROPERTIES LLC Ricky Ali 2016-00000189 Active P H- FORECLSOURE – Foreclosure Hearing PHIPPEN RD WILEY, MIRIAM B Windy Damis 2022-00000453 Active P H- FORECLSOURE – Foreclosure Hearing PHIPPEN RD WILEY, MIRIAM B Windy Damis 2024-00001431 Active P H-CONFIRMATION – Confirmation/Lien Hearing 5511 WOODLAND LN L'CHAIM FARM INC Windy Damis City of Dania Beach 100 WEST DANIA BEACH BLVD DANIA BEACH,FLORIDA 33004 THURSDAY, SEPTEMBER 10,2026 Special Magistrate Agenda Page 5 of 6 2025-00001212 Active P H-ABATEMENT - Abatement Hearing 5300 SW 28 TER KLEIN MICHAEL A Windy Damis 2025-00001793 Active P H-EXTENSION - Extension Hearing 3414 GRIFFIN RD GRIFFIN PARTNERS INC Windy Damis 2026-00000068 Active P H-EXTENSION - Extension Hearing 5519 SW 24 AVE PRIME REAL ESTATE HOLDINGS INC Windy Damis 2026-00000473 Active P H-FIRST HEARING - First Hearing 4991 SW 27 AVE MORA CHRISTIAN Windy Damis 2015-0079 Active P H-FORECLOSURE - Foreclosure Hearing Lot Mow PHIPPEN RD WILEY, MIRIAM B Administration 2018-0433 Active P H-FORECLOSURE - Foreclosure Hearing Lot Mow PHIPPEN RD WILEY, MIRIAM B Administration 2018-0474 Active P H-FORECLOSURE - Foreclosure Hearing Lot Mow PHIPPEN RD WILEY, MIRIAM B Administration 2019-0522 Active P H-FORECLOSURE - Foreclosure Hearing Lot Mow PHIPPEN RD WILEY, MIRIAM B Administration 2019-0573 Active P H-FORECLOSURE - Foreclosure Hearing Lot Mow PHIPPEN RD WILEY, MIRIAM B Administration 2020-0613 Active P H-FORECLOSURE - Foreclosure Hearing Lot Mow PHIPPEN RD WILEY, MIRIAM B Administration 2020-0639 Active P H-FORECLOSURE - Foreclosure Hearing Lot Mow PHIPPEN RD WILEY, MIRIAM B Administration City of Dania Beach 100 WEST DANIA BEACH BLVD DANIA BEACH,FLORIDA 33004 THURSDAY, SEPTEMBER 10,2026 Special Magistrate Agenda Page 6 of 6 2024-0712 Active P H-FORECLOSURE - Foreclosure Hearing Lot Mow PHIPPEN RD WILEY, MIRIAM B Administration 2024-1121 Active P H-FORECLOSURE - Foreclosure Hearing Lot Mow PHIPPEN RD WILEY, MIRIAM B Administration 2026-0303 Active P H-FORECLOSURE - Foreclosure Hearing Lot Mow PHIPPEN RD WILEY, MIRIAM B Administration Disclaimer: This document contains a draft agenda. Topics, discussion order, and timing are subject to change and should not be considered final. 1. CALL TO ORDER/ROLL CALL Mayor Davis called the meeting to order at 7:02 p.m. Present: Mayor Joyce L. Davis Vice-Mayor Marco A. Salvino, Sr. Commissioner Lori Lewellen Commissioner Luis Rimoli Commissioner A. J. Ryan IV City Manager Candido Sosa-Cruz, ICMA-CM City Attorney Eve Boutsis City Clerk Elora Riera, MMC 2. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE Mayor Davis called for a moment of silence followed by the Pledge of Allegiance to the United States Flag. City Attorney Boutsis read the statement of decorum. 3. PRESENTATIONS AND SPECIAL EVENT APPROVALS 3.1 Request for Proclamation Approvals: • Hispanic Heritage Month — September 2026 —Sponsored by Commissioner Lewellen • Hunger Action Month — September 2026 —Sponsored by Commissioner Rimoli • National Diaper Need Awareness Week — September 14–20, 2026 — Sponsored by Mayor Davis • Childhood Cancer Awareness Month — September 2026— Sponsored by Mayor Davis Minutes of Regular Meeting 2 • Rodrick Brown — Life and Legacy — August 25, 2026 -—Sponsored by Commissioner Ryan • Ladies, Let's go Fishing Day — September 12, 2026 — Sponsored by Mayor Davis There was consensus to approve the proclamations. 3.2 BCPS Superintendent Presentation Deputy Superintendent Angela Fullton, School Board Member Debbie Hixon, and Chief Strategy and Operations Officer Valerie Wanza provided a PowerPoint presentation and spoke about the Next Generation Referendum that will appear on the upcoming ballot. 3.3 Special Event Application: Parks and Recreation • Dania After Dark Event Series 2026-2027 Deputy Director of Parks and Recreation Franky Lazo introduced the item. There was unanimous consensus to approve the special event application. 3.4 Dania Beach Public Art Program - Sponsored by Mayor Davis This item was taken after item 4.1. Linda Fynn of Cultural Planning Group presented a PowerPoint presentation on the 5-year review of the Public Art Program. 4. PROCLAMATIONS 4.1 Rodrick Brown — Life and Legacy — August 25, 2026 This item was taken after item 3.1. Mayor Davis read the proclamation and presented it to Mr. Brown’s family. 5. ADMINISTRATIVE REPORTS 5.1 City Manager City Manager Sosa-Cruz sends his deepest condolences to former City Manager Ana Garcia on the passing of her mother and asked everyone to please keep her and her family in your thoughts during this difficult time. He provided his administrative report and touched on the following: - Code Compliance continues to focus on the maintaining safety and quality of life in our community by proactively addressing graffiti, illegal signage, property maintenance concerns, and other issues impacting neighborhood and commercials areas. Minutes of Regular Meeting 3 - Public Services continues to work on the City Hall Wind Mitigation Project, the Fire Station Wind Retrofit Project, and the BSO Substation Generator Project which are anticipated to be completed at the end of this month. - The Parks and Recreation Team has completed the park design for Chester Byrd Park with an estimated completion date of April 30th of next year. C.W. Thomas has generated tremendous growth for the Dania Beach Dolphins youth tackle football team who will field six teams in the Gold Coast Pop Warner Football League. - Dania Beach Ocean Rescue conducted a successful Junior Lifeguard Summer Camp and participated in the United States Life Saving Association National Competition where they earned an impressive third place, marking the first time in the city's history that our ocean rescue team has placed in a national or regional tournament. - Back to School Beach Clean-up welcomed over 250 participants with 90% of the available book bags being distributed during the event. He thanked Mayor Davis for her continued leadership and commitment to keeping Dania Beach beautiful and pristine. - The IT Department received the Technology Achievement Award for the Storm Protection Grant Program, initializing and implementing technology that facilitated city residents applying for the grant. - Core Conversation on August 20th at the S.W. Community Center. The meeting provided an opportunity for residents to engage directly with city leadership, ask questions, hear updates on projects and initiatives, and learn more about the work underway through Dania Beach. The next Core conversation meeting will be on Wednesday, September 16th at CW Thomas Park at 6:00 p.m. - He wished Ralph Squeglia a Happy 100th Birthday. 5.2 City Attorney City Attorney Boutsis had nothing to report. 5.3 City Clerk - Reminders City Clerk Riera reminded the Commission of the following upcoming meetings: - September 14, 2026 - CRA Board Meeting - 6 p.m. - September 14, 2026 - First Budget Hearing / Regular City Commission Meeting - 7 p.m. - September 24, 2026 - Final Budget Hearing / Regular City Commission Meeting - 7 p.m. 6. PUBLIC SAFETY REPORTS Captain Tarala reported that the Sheriff’s Office had a productive summer, successfully preventing two planned “takeover” events at Dania Pointe and one planned “takeover” car show event on East Dania Beach Boulevard with no incidents or disruptions to businesses. An operational plan was implemented in response to increased burglaries and auto thefts in the southwest corridor, resulting in several arrests resulting in the seizure of burglary tools, narcotics, and two loaded firearms. Additional proactive stops also led to narcotics and weapons seizures. He further reported that throughout the summer, deputies maintained increased activity along Federal Highway and local motels, culminating in the arrest of a suspect selling MDMA with Minutes of Regular Meeting 4 intent to distribute. A targeted speeding‑enforcement operation on Griffin Road resulted in 63 citations, with similar operations planned for Federal Highway and Southeast 5th Avenue every other week to address resident complaints. marine‑related issues, derelict vessels, and waterway complaints. th, to be held at Fire Station 1 on Friday, September 11th at 8:30 a.m. He encouraged everyone to attend. CITIZENS’ COMMENTS rd Terrace CONSENT AGENDA Commissioner Ryan made a motion to approve the consent agenda minus item 8.4. The motion was seconded by Commissioner Lewellen which carried unanimously on voice vote. Approved under consent agenda. Sponsored by Commissioner Ryan Minutes of Regular Meeting 5 Commissioner Ryan is requesting to use his contingency funds to support the football team for their equipment and practice jerseys. Commissioner Ryan made a motion to approve the item. Vice Mayor Salvino seconded the motion which carried unanimously. (Parks and Recreation) Approved under consent agenda. (Finance) This item was removed from the agenda. Minutes of Regular Meeting 6 ($9,281.75); PROVIDING FOR A FUNDING APPROPRIATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (Public Services) Approved under consent agenda. (Community Development) Approved under consent agenda. (Community Development) Approved under consent agenda. (Commissioner Lewellen) Approved under consent agenda. BIDS AND REQUESTS FOR PROPOSALS 25‑034, ENTITLED “UNIFORMS AND CUSTOM APPAREL,” TO GOLDCOAST MARKETING GROUP, IUNIFORMS, INC. AND THE PLAYERS CONNECTION; AND TO EXCEED THE Minutes of Regular Meeting 7 ANNUAL SINGLE VENDOR PURCHASING THRESHOLD OF FIFTY THOUSAND DOLLARS ($50,000.00) FOR ALL THREE VENDORS; AUTHORIZING THE PROPER CITY OFFICIALS TO NEGOTIATE AND EXECUTE AGREEMENTS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (Procurement) Commissioner Lewellen made a motion to approve the item. The motion was seconded by Commissioner Rimoli which carried unanimously. (Public Services) Commissioner Ryan made a motion to approve the item. The motion was seconded by Commissioner Lewellen which carried unanimously. (Public Services) Commissioner Lewellen made a motion to approve the item. The motion was seconded by Commissioner Rimoli which carried unanimously. Minutes of Regular Meeting 8 10. QUASI-JUDICIAL HEARINGS 10.1 RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE “PORT 1850, LLC PLAT” (PL-029-24) SUBMITTED BY PORT 1850 LLC, FOR THE PROPERTY LOCATED AT 1850 NE 7 AVENUE, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) City Attorney Boutsis read the title of resolution and swore in anyone wishing to speak on the item and requested any disclosures from the commission. Mayor Davis stated she has emailed and spoken to developers but can remain impartial, Commissioner Ryan has spoken to residents and the developer but can remain impartial, Commissioner Lewellen has spoken with Missy Williams, the developer and responded to emails but can remain impartial, Vice Mayor Salvino has received emails but can remain impartial, Commissioner Rimoli has spoken to all but can remain impartial. City Attorney Boutsis provided a brief history on the project. Discussion ensued on the issue of due process. Planning and Zoning Manager Viviana Batista introduced the item. City Attorney Boutsis further explained the required sequence for development review between the City and County. Attorney Ed Stacker, on behalf of the applicant provided a brief overview of the site's location and the planned Griffin Road extension. He stated they agree with staff reports and conditions and are available for questions. He noted that the Chappelle Group has responded to the County’s initial EIR comments and acknowledged that any material site plan changes from the County would require returning to the City. He requested approval of the plat and site plan, emphasizing that the project aligns with existing land use and zoning and requires no amendments. He highlighted the property owner’s commitment to environmental compliance, mentioned exploration of potential environmental enhancement options, and asked the Commission to consider property rights and economic benefits. Commissioner Rimoli referred to the Mitigation Work Plan slide and asked who performs the annual evaluation and who follows up to ensure that the evaluation has been completed. Planning and Zoning Manager Batista explained that the property owner must submit the evaluation through their environmental consultant, and this requirement will be included in the resolution as a condition of approval. Community Development Director Corinne Lajoie added that the slide shown talks about mitigation of the mangroves and that is regulated at the County level. Minutes of Regular Meeting 9 th St. th Ter., Deerfield Beach th St. th Ct. Vice Mayor Salvino made a motion to approve items 10.1 and 10.2. The motion died for lack of a second. Minutes of Regular Meeting 10 Items 10.1 and 10.2 failed for lack of motion. (Community Development) This item was taken with item 10.1. FIRST READING ORDINANCES (Parks and Recreation) Commissioner Rimoli made a motion to approve the item. The motion was seconded by Commissioner Lewellen which carried 5-0 on roll call vote. (Public Services) Minutes of Regular Meeting 11 Commissioner Ryan made a motion to approve the item. The motion was seconded by Commissioner Rimoli which carried unanimously on voice vote. 11.3 ORDINANCE NO. 2026-_____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 2, ENTITLED “ADMINISTRATION” BY CREATING A NEW SECTION ENTITLED “ELECTRONIC PAYMENT PROCESSING SURCHARGES” TO AUTHORIZE THE CITY TO RECOVER ELECTRONIC PAYMENT PROCESSING COSTS AS AUTHORIZED BY SECTION 215.322(5), FLORIDA STATUTES; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance) City Attorney Boutsis read the title of the ordinance. Chief Financial Officer Yeimy Guzman introduced the item. 11.4 ORDINANCE NO. 2026-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATED TO POWERS OF LOCAL AUTHORITIES; AMENDING CHAPTER 20 ENTITLED “POLICE”, ARTICLE V, ENTITLED “SPEED DETECTION SYSTEM PLACEMENT AND INSTALLATION; SCHOOL CROSSING GUARD RECRUITMENT AND RETENTION PROGRAM”; CREATING SECTIONS 20-71, ET SEQ., RELATING TO CREATING SPEED DETECTION SYSTEMS IN SCHOOL ZONES; CREATING RULES RELATING TO SPEED DETECTION SYSTEMS; PROVIDING FOR PENALTIES, INCLUDING BUT NOT LIMITED TO DRIVER LICENSE POINTS; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(City Attorney) City Attorney Boutsis read the title of the ordinance and introduced the item. Commissioner Ryan inquired about double ticketing if a police officer gives a ticket as well as the detection system and City Attorney Boutsis replied that she would look into it and get back to him. 11.5 ORDINANCE NO. 2026-_____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER TWO, ENTITLED “ADMINISTRATION”, ARTICLE V, ENTITLED “NAMING OF CITY FACILITIES”; AT SECTION 2-101, ENTITLED “NAMING OF CITY-OWNED FACILITIES” TO UPDATE THE POLICIES AND PROCEDURES FOR Minutes of Regular Meeting 12 NAMING FACILITIES; PROVIDING FOR CONFLICTS; CODIFICATION; SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Commissioner Lewellen) Mayor Davis made a motion to continue the item to September 24th. The motion was seconded by Commissioner Ryan which failed 3-2. long‑pending work, she expressed appreciation for the improvements made to the policy and indicated willingness to address any additional changes during the reading process. Commissioner Rimoli made a motion to approve the item with the inclusion that all commissioners can make edits to the ordinance. The motion was seconded by Commissioner Lewellen which carried 5-0 on roll call vote. SECOND READING ORDINANCES (Sponsored by Commissioner Lewellen) Minutes of Regular Meeting 13 City Attorney Boutsis read the title of the ordinance. Commissioner Lewellen made a motion to approve the ordinance on second reading. The motion was seconded by Commissioner Rimoli which carried 5-0 on roll call vote. Minutes of Regular Meeting 14 APPLICATION REQUIREMENTS” TO REQUIRE ELECTRONIC FILING OF PLANS; (9) TO AMEND ARTICLE 655, ENTITLED “VACATIONS OF RIGHT-OF-WAY ” AT SECTION 655-30, ENTITLED “APPLICATION PROCESSING” TO ELIMINATE THE REQUIREMENT FOR REPLATTING WHEN VACATING A RIGHT-OF-WAY; AND (10) TO AMEND PART 8 ENTITLED “TECHNICAL APPENDIX”, ARTICLE 830, ENTITLED “TREE ABUSE” AT SECTION 830-40, ENTITLED “DEFINITIONS” TO REMOVE REFERENCE TO THE CITY’S LANDSCAPE TECHNICAL MANUAL; PROVIDING FOR CONFLICTS; CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. (Community Development) Commissioner Lewellen made a motion to approve the ordinance on second reading. The motion was seconded by Commissioner Rimoli which carried unanimously on voice vote. DISCUSSION AND POSSIBLE ACTION APPOINTMENTS There was Commission consensus to re-appoint James Rizzo COMMISSION COMMENTS Minutes of Regular Meeting 15 Commissioner Lewellen reported that recent CORE community meetings have been productive, well‑attended, and valuable for gathering resident feedback and identifying issues to address. She acknowledged the 100th‑birthday celebration for Ralph Squeglia and thanked Chief Pellecer for organizing the event. She shared the news of the recent passing of Eileen Snyder and extended condolences to the family. She concluded with birthday wishes to City Attorney Boutsis. Minutes of Regular Meeting 16 League of Mayors boards, adding that she enjoyed the luncheon with Bo and Mimi Donly where Bo was credited with being the only Dania Beach resident to represent the entire state of Florida. She highlighted a successful mayoral address with the Chamber of Commerce thanking participants for their support and closed by wishing City Attorney Boutsis a happy birthday. 16. ADJOURNMENT Mayor Davis adjourned the meeting at 10:37 p.m. ATTEST: CITY OF DANIA BEACH ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR Approved: City of Dania Beach Human Resources Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Candido Sosa-Cruz, ICMA-CM, City Manager VIA: Linda Gonzalez, SPHR, SHRM-SCP, IPMA-SCP, HR/Risk Director SUBJECT: 2027 Medicare Advantage Insurance Coverage Renewal Request: This is a request to approve the renewal of the Humana Medicare Advantage PPO for retirees, dependents and surviving spouses age 65 and over for calendar year 2027, as recommended by the City’s insurance broker, at the negotiated renewal rates. Background: The City of Dania Beach offers two health insurance plans for active employees and retirees: 1. United Healthcare (UHC) / Florida League of Cities (FMIT) for active employees, retirees, and their dependents under the age of 65 and not otherwise eligible for Medicare; 2. Humana Medicare Advantage PPO as Medicare Advantage coverage for approximately 85 Medicare-eligible retirees and their Medicare-eligible dependents (current enrollment used for rate illustrations). While the City’s core medical plan for non-Medicare members runs on a fiscal year and is addressed separately, the Humana Medicare Advantage PPO plan is due for renewal on January 1, 2027. The Medicare plan runs on a calendar year concurrently with Medicare. Only Medicare-eligible individuals may enroll in the Medicare Advantage plan. If a spouse and/or dependent is under age 65, he/she will continue to be covered through his/her employer- sponsored coverage or the City’s group health plan for non-Medicare members (Florida League of Cities / FMIT), as applicable. Industry Trends for Medicare Insurance Medicare Advantage renewals continue to be influenced by CMS payment methodology, medical and pharmacy cost trends, and market pricing for group Medicare Advantage products. The following summarizes the primary pressures on the City’s 2027 Medicare Advantage renewal: • Ongoing CMS funding and risk-adjustment dynamics that affect carrier revenue and, in turn, group Medicare Advantage pricing. • Elevated medical and pharmacy cost trends that carriers incorporate into 2027 renewal pricing. As a result of these factors, Humana’s initial Medicare Advantage PPO renewal was released at 15.3% over the current premium, or approximately $51,000 more in annual premium based on current enrollment. Request For Proposal (RFP) The City’s insurance broker marketed the 2027 Medicare Advantage renewal and obtained a competing offer from UnitedHealthcare in addition to Humana’s incumbent renewal. Following negotiations, Humana improved its renewal from the initial increase to a negotiated increase of approximately 5.5%. Below is a summary of key benefits and rates for calendar year 2027 (current Humana vs. negotiated Humana renewal). UnitedHealthcare’s alternative was higher in cost and is not recommended: Current Humana (2026) Negotiated Humana (2027) Deductible None None Out of Pocket Max (Medical) $2,500 $2,500 Primary Care $5 Copayment $5 Copayment Specialist $15 Copayment $15 Copayment Inpatient Hospital $175 Copayment $175 Copayment Emergency Room $65 Copayment $65 Copayment Rx Deductible $0 $0 Rx Out of Pocket Max (Pharmacy) $2,100 $2,400 Monthly Premium $325.99 $343.84 Monthly Premium % Change Current 5.5% Note: Above grid only lists key benefits and does not list all services. Based on these results, it is recommended that the City renew the Humana Medicare Advantage PPO at the negotiated rates. Medical plan copays and the $2,500 out-of-pocket maximum remain the same as the current Humana plan. The primary plan design change is an increase in the pharmacy out-of-pocket maximum from $2,100 to $2,400, consistent with CMS guidelines. Participants can now mail order up to 100 days of prescription medication, instead of 90 days of worth of medication, per Humana’s plan. The retiree’s premium share will increase approximately $5.95 per month (from $108.66 to $114.61). The Humana plan remains a PPO providing in- and out-of-network benefits. In-network benefits generally apply to providers that accept Medicare, supporting continuity of care for retirees already enrolled with Humana for 2026. The City continues to subsidize two-thirds (2/3) of the Medicare Advantage premiums, which remains unchanged. Accepting the negotiated Humana renewal represents an annual increase of approximately $12,138 to the City (2/3 of the total $18,207 premium increase). The remaining one-third (1/3) is paid by retirees, resulting in an approximate $6,069 annual increase in aggregate retiree contributions, or about $5.95 per month per Medicare Advantage enrollee. Below is a Medicare Advantage rate breakout of the Retiree and City contributions since 2020. Although the 2027 rates reflect a modest increase over 2026, monthly retiree and City contributions remain well below the Aetna contribution levels in 2020 and 2021. History of Medicare Rates Retiree Monthly Contribution (1/3 of premium) Carrier Aetna Aetna UHC UHC UHC UHC Humana Humana Plan Year 2020 2021 2022 2023 2024 2025 2026 2027 Monthly $ $137.14 $133.30 $88.41 $90.09 $93.70 $105.76 $108.66 $114.61 City Monthly Contribution (2/3 of premium) Carrier Aetna Aetna UHC UHC UHC UHC Humana Humana Plan Year 2020 2021 2022 2023 2024 2025 2026 2027 Monthly $ $274.29 $266.60 $176.83 $180.19 $187.39 $211.53 $217.33 $229.23 Note: 2027 amounts reflect the negotiated Humana renewal ($343.84 composite monthly premium; retiree share $114.61; City share $229.23). Yellow = proposed year. Budgetary Impact The total annual premium for the proposed Humana Medicare Advantage PPO plan is approximately $350,717 based on current enrollment of 85. The City’s share is approximately $233,811 (2/3), an increase of approximately $12,138 over the current City share of approximately $221,673. The total premium increase versus current is approximately $18,207 (5.5%), negotiated down from Humana’s initial renewal increase of approximately $51,000 (15.3%). Funding for the renewal is to be appropriated in the 2026/2027 budget and shall be charged to the City Health Insurance Fund, Professional Services Account (#001-18-00-519-45-41). Recommendation Approve the negotiated renewal of the Humana Medicare Advantage PPO for Medicare Advantage insurance coverage for Medicare-eligible retirees and their Medicare-eligible dependents for plan year 2027 (effective January 1, 2027). RESOLUTION NO. 2026-_____ WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, “Monetary thresholds for certain purchases and payment disbursement authorizations”, Subsection (a), sets the monetary threshold at Fifty Thousand Dollars ($50,000.00) for a vendor each fiscal year and requires City Commission authorization for expenditures exceeding $50,000.00; and WHEREAS, the City of Dania Beach obtained the services of the Gehring Group as a Broker of Record to secure coverage for the City’s Medicare Advantage Insurance plan for Medicare eligible retired employees and their Medicare eligible dependents for the 2027 plan year; and WHEREAS, the Gehring Group secured the renewal of Medicare Advantage PPO coverage for the City through Humana for the plan year 2027 at negotiated renewal rates; and WHEREAS, the coverage from Humana offers rates for Medicare Advantage Insurance coverage for all Medicare eligible retirees, regardless of residence, including prescription drug coverage; and WHEREAS, based on current Medicare eligible retiree census data, the City’s Medicare Advantage PPO plan premium cost will be increased by an estimated Five Point Five (5.5%), resulting in an estimated Twelve Thousand One Hundred Thirty-Eight dollar ($12,138.00) increase to the City and an estimated Six Thousand Sixty-Nine dollar ($6,069.00) increase in total cost to eligible retirees; and 2 RESOLUTION #2026-_____ WHEREAS, the City Administration recommends that the City Commission approve the negotiated renewal of the Humana Medicare Advantage PPO Medicare Advantage Insurance plan for plan year 2027. 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 as being true and correct, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the proper City officials are authorized to execute appropriate documents to accept the negotiated renewal proposal of the Humana Medicare Advantage PPO plan on behalf of the City of Dania Beach to provide Medicare Advantage Medical and Prescription Insurance coverage to Medicare eligible retirees at the following not to exceed monthly rates: 2026 Renewal Total Premium 2027 Renewal Total Premium $325.99 $343.84 2026 Retiree Monthly Premium 2027 Retiree Monthly Premium $108.66 $114.61 2026 City Monthly Premium 2027 City Monthly Premium $217.33 $229.23 Section 3. That funding for the cost of the City’s health claims program administration for Medicare Advantage Insurance coverage is planned and shall be charged to the City Health Insurance Fund, Professional Services Account, Account No. 001-18-00-519-45-41. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be effective 10 days after passage. 3 RESOLUTION #2026-_____ 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 Medicare Advantage for Retired Employees 65 and Over Effective Date: January 1, 2027 CURRENT INITIAL RENEWAL NEGOTIATED RENEWAL ALTERNATIVE #1 Humana Humana Humana UnitedHealthcare Calendar Year Deductible In-Network / Out of Network In-Network / Out of Network In-Network / Out of Network In-Network / Out of Network Individual None None None None Out of Pocket Maximum Individual $2,500 $2,500 $2,500 $2,500 Coinsurance 0%0%0%0% Office Visits Primary Care Visit $5 Copayment $5 Copayment $5 Copayment $5 Copayment Specialist Visit $15 Copayment $15 Copayment $15 Copayment $15 Copayment Therapy - PT/ST/OT $15 Copayment $15 Copayment $15 Copayment $15 Copayment Hospital Inpatient $175 Copayment $175 Copayment $175 Copayment $175 Copayment Outpatient $50 Copayment $50 Copayment $50 Copayment $50 Copayment Emergency Room Visit $65 Copayment $65 Copayment $65 Copayment $65 Copayment Physician Services in Hospital $0 Copayment $0 Copayment $0 Copayment $0 Copayment Skilled Nursing Facility $0 (Days 1-20); $50 (Days 21-100)$0 (Days 1-20); $50 (Days 21-100)$0 (Days 1-20); $50 (Days 21-100)$0 (Days 1-20); $50 (Days 21-100) Rx Deductible: $0 $2,100 Rx OOP Max Mail Order 90-Days Rx Deductible: $0 $2,400 Rx OOP Max Mail Order 100-Days Rx Deductible: $0 $2,400 Rx OOP Max Mail Order 100-Days Rx Deductible: $0 $2,400 Rx OOP Max Mail Order 90-Days Tier 1: Preferred Generic $5 $5 $5 $5 Tier 2: Preferred Brand $30 $30 $30 $30 Tier 3: Non-Preferred Drug $60 $60 $60 $60 Tier 4: Specialty 33%33%33%33% Mail Order (90-Day/100-Day Supply)$0/$60/$120/33%-30 Day Supply $0/$60/$120/33%-30 Day Supply $0/$60/$120/33%-30 Day Supply $0/$60/$120/33%-30 Day Supply Medical and Prescription Rate All Retiree Rates 100% Composite All Retiree Rates 100% Composite All Retiree Rates 100% Composite All Retiree Rates 100% Composite Monthly Premium Per Enrollee 85 $325.99 $375.99 $343.84 $382.80 1 City of Dania Beach Human Resources Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Candido Sosa-Cruz, ICMA-CM, City Manager VIA: Linda Gonzalez, SPHR, SHRM SCP, PSHRA SCP, Chief Human Resources Officer SUBJECT: Resolution authorizing the City Administration execute an agreement with Peoplyst for Consulting Services to modernize the Human Resources Information System. Request: The Human Resources Department (HR) requests approval of a resolution based on a Request for Proposals (RFP), conducted by the City’s Procurement Division. On July 7, 2026, the commission approved a request for the City Administration to negotiate an Agreement with Peoplyst., which exceeds the City’s annual vendor threshold of $50,000. Background: On October 22, 2025, the City issued RFP# 25-030 to solicit proposals from qualified consulting firms to assess, recommend, and support the implementation of an updated HRIS solution. The City received ten (10) responsive proposals by the submission date of November 21, 2025. An evaluation committee comprised of the Chief Human Resources Officer, Linda Gonzalez, Deputy Human Resources Manager, Ann Mierez, Chief Financial Officer, Yeimy Guzman, and IT Division Director, Darryl McFarlane convened on December 19, 2025, and January 23, 2026, to review, evaluate, and rank the submitted proposals. Additionally, the committee reviewed presentations and conducted interviews with three shortlisted vendors on February 12, 2026 and February 20, 2026. Following a comprehensive evaluation process, the committee unanimously determined that Peoplyst is the most qualified firm to meet the City’s needs for this project. The City Administration made a request to enter into discussions and negotiate an Agreement with Peoplyst on July 7, 2026 City Commission Meeting, (RESOLUTION NO. 2026- 100), which was approved by the City Commision Accordingly, the Human Resources Department recommends that the City Commission approve the committee’s ranking and authorize the City Administration to execute an agreement with Peoplyst. Budgetary Impact The cost of the project is $68,000 and that funding is available and appropriated within the account# GL 001-13-01-513-63-10. Recommendation Adopt the resolution approving the ranking of the qualified Information Technology Consulting Firm and authorize the City Administration to execute an agreement for a Human Resources Information System Assessment and Consulting Services. In the event negotiations with the top- ranked firm are unsuccessful, the City Manager is authorized to terminate negotiations and proceed with the next highest-ranked firm, in accordance with the City’s procurement policies. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH PEOPLYST LLC FOR CONSULTING SERVICES; AUTHORIZING THE CITY TO EXCEED THE $50,000.00 SINGLE‑VENDOR ANNUAL THRESHOLD FOR THE DURATION OF THE CONTRACT PERIOD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, “Monetary thresholds for certain purchases and payment disbursement authorizations”, Subsection (a), sets the monetary threshold at Fifty Thousand Dollars ($50,000.00) for a vendor each fiscal year; and pursuant to Resolution No. 2026-100, Invitation to Bid (“ITB”) No. 25-030, entitled “Human Resources technology Consultation Services” was awarded to Peoplyst LLC on July 8, 2026; and the Agreement specifying the services’ scope has been prepared and agreed upon by both parties, which Agreement is attached as Exhibit “A” and incorporated into this Resolution by this reference. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. That the City Commission authorizes the proper City officials to execute an agreement with Peoplyst LLC, to provide consulting services to modernize the Human Resources Information System. That the City Manager and City Attorney are authorized to make revisions to such Amendment as are deemed necessary and proper and in the best interests of the City. That funding for this project will be appropriated from GL Account #001- 13-01-513-63-10. That all resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. That this Resolution shall be effective ten (10) days after passage and adoption. 2 RESOLUTION #2026-____ 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 RESOLUTION NO. 2026-100 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE RANKING OF QUALIFIED FIRMS PURSUANT TO REQUEST FOR PROPOSALS (“RFP”) NO. 25-030 FOR HUMAN RESOURCES TECHNOLOGY CONSULTING SERVICES; AUTHORIZING THE CITY MANAGER TO BEGIN DISCUSSIONS AND NEGOTIATIONS FOR AN AGREEMENT WITH THE TOP-RANKED FIRM PEOPLYST FOR CONSULTING SERVICES PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach currently utilizes an outdated and inefficient Human Resources Information System (HRIS) and seeks to transition to a modern, cost- effective, and efficient system to enhance operational effectiveness, data management, and service delivery; and, WHEREAS, the City determined that professional consulting services are necessary to support the evaluation of current systems, recommend qualified vendors, and provide technical guidance for the implementation and deployment of a new Human Resources Information System; and WHEREAS, the City released Request for Proposals (RFP) # 25-030 Human Resources Technology Consulting Services on October 22,2025, and closed the solicitation on November 21, 2025, receiving a total of ten (10) proposals; and WHEREAS, a Selection Evaluation Committee was formed to evaluate the proposals in accordance with the criteria outlined in RFP No. 25-030 in a publicly noticed open to the public meeting; and, WHEREAS, the SEC determined that Peoplyst was the highest-ranked firm; and WHEREAS, Staff requests the Commission’s approval to begin negotiations with the top-ranked firm Peoplyst. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA THAT: Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. 2 RESOLUTION #2026-100 Section 2: That t he City’s Selection Evaluation Committee ranked the 10 proposals to the City’s Request for Proposal (RFP) # 25-030 – Human Resources Technology Consultation Services and recommend that the City Manager enter into discussions and negotiations for an agreement with PEOPLYST for the Human Resources Technology consulting services. Should negotiations fail, the City authorizes the City Manager to then negotiate with the next highest proposal, as recommended by the City’s Selection Evaluation Committee. The final agreement will be brought back to the City Commission for approval. Section 3. That funding will be appropriated from the GL Account No. 001-13-01- 513-63-10. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on July 7, 2026. Motion by Commissioner Lewellen, second by Commissioner Rimoli. FINAL VOTE ON ADOPTION: Unanimous X 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 (954) 924-6800 EXECUTIVE SUMMARY Request For Proposal - HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES Page 1 EXECUTIVE SUMMARY RFP No. 25-030 HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES RESPONSE DEADLINE: November 21, 2025 at 1:00 pm SOLICITATION OVERVIEW Project Title HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES Project ID 25-030 Project Type Request For Proposal Release Date October 22, 2025 Due Date November 21, 2025 Procurement Agent Sasha Ramos Evaluators Linda Gonzalez, Yeimy Guzman, Darryl McFarlane, Ann Mierez Project Description The City of Dania Beach is soliciting proposals for HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES. proposals are to be submitted via the City's e- Procurement Portal at https://procurement.opengov.com/portal/daniabeachfl; proposals will be received prior to 1:00 pm on Friday, November 21, 2025. Late proposals will not be accepted. The purpose of this engagement is to support the evaluation, selection, implementation, and/or optimization of an HRIS platform that will improve the effectiveness, efficiency, and compliance of the City’s human resources operations. The goal is to implement a scalable, user friendly HRIS solution that streamlines and integrates human resources and payroll process, enhance data accuracy, reporting and compliance, improve effectiveness, efficiency, and compliance of our human resources operations through the integration of a scalable and user-friendly HRIS solution. 1. NOTICE TO PROPOSERS CITY OF DANIA BEACH, FLORIDA REQUEST FOR PROPOSALS (RFP) "HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES" 25-030 EXECUTIVE SUMMARY Page 2 NOTICE IS GIVEN that the City of Dania Beach, Florida (the “City” or “Owner”) will be accepting sealed Bids for its “HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES, 25-030”. PROJECT DOCUMENTS Documents may be obtained from https://procurement.opengov.com/portal/daniabeachfl/projects/207111. BID DOCUMENTS All Proposers are advised that the City has not authorized the use of the City seal or logo by individuals or entities responding to City bids. SOLICITATION STATUS HISTORY SELECTED VENDOR VENDOR RECOMMENDED BY THE EVALUATION PROCESS Vendor Location Peoplyst, LLC JACKSONVILLE, FL EXECUTIVE SUMMARY Page 3 PROPOSALS RECEIVED Status Vendor Contact Info Submission Date Submitted Berry, Dunn, McNeil & Parker, LLC Ann Marie Lynch rfps@berrydunn.com (207) 775-2387 Nov 20, 2025 1:58 PM Submitted ClientFirst Consulting Group LLC CF Admin admin@clientfirstcg.com (951) 739-7989 Nov 21, 2025 12:22 PM Submitted Dale Reports, LL Dr. Dale Laing-Hall dale@dalereports.com (561) 223-9196 Nov 21, 2025 10:23 AM Submitted Peoplyst, LLC Tony Lawrence tony.lawrence@peoplyst.com (541) 419-5717 Nov 21, 2025 12:49 PM Submitted Plante & Moran, PLLC Mark Warner mark.warner@plantemoran.com (248) 352-2500 Nov 21, 2025 12:13 PM Submitted Sierra Digital Inc Selva Ganapathy s.ramalingam@sierradigitalinc.com Nov 21, 2025 12:34 PM Submitted Slalom, Inc. Colin Stephens colin.stephens@slalom.com Nov 21, 2025 12:30 PM Submitted Sunshine Enterprise USA LLC SAM FARAGALLA samf@seu-usa.com Nov 21, 2025 11:49 AM Submitted TECKpert Adrian Esquivel gov@teckpert.com (786) 749-7740 Nov 21, 2025 9:50 AM Submitted Tunabear Inc. Jeri Hale rfp@tunabear.com (888) 923-8889 Nov 21, 2025 12:06 PM Excluded Accurate Forklift Training, Inc. Laurie Campbell laurie@aftpro.com (407) 656-9080 Oct 22, 2025 12:08 PM Excluded American Efficiency Services, LLC AES Portals User aesportals@americanefficiency.com Oct 23, 2025 12:29 PM Excluded Beryl Project Engineering Leo Cannyn marketing@berylprojectengineering.com (813) 616-3301 Oct 23, 2025 8:37 AM Excluded Energy Air, Inc. Katie Brooks cmbids@energyair.com Oct 22, 2025 12:06 PM Excluded McFarlane's Construction, Inc Dawn Barker dawn@tropicalfence.com Oct 22, 2025 2:11 PM EXECUTIVE SUMMARY Page 4 Status Vendor Contact Info Submission Date Excluded Network Craze Michael Featherstone mfeatherstone@networkcraze.com Oct 24, 2025 10:34 AM Excluded Oakland Consulting Group David Rossetti stateandlocal@ocg-inc.com Nov 18, 2025 9:42 AM Excluded Texagon Maria Harper mharper@texagon-llc.com Nov 18, 2025 4:10 PM Excluded Textbook Warehouse, LLC James Adams bids@textbookwarehouse.com (800) 796-9152 Ext: 256 Oct 22, 2025 12:08 PM QUESTIONS AND ANSWERS Approved, Answers Provided 1. No subject Oct 22, 2025 5:41 PM Question: What are the current HRIS system(s) used by the City? Oct 22, 2025 5:41 PM Answered by Sasha Ramos: The City does not currently have an HRIS system. Oct 29, 2025 9:28 AM 2. No subject Oct 22, 2025 5:42 PM Question: What modules/functionality within the current HRIS system are in use? Oct 22, 2025 5:42 PM Answered by Sasha Ramos: The City does not currently have an HRIS system. Oct 29, 2025 9:30 AM 3. No subject Oct 22, 2025 5:42 PM Question: Can the City provide a ballpark estimate of the number of systems the current HRIS system integrates with? EXECUTIVE SUMMARY Page 5 Oct 22, 2025 5:42 PM Answered by Sasha Ramos: The City does not have a current HRIS system, however the following are utilized by the HR department: NeoGov, JDXpert, The Work Number, Bentek. Oct 29, 2025 9:28 AM 4. No subject Oct 22, 2025 5:42 PM Question: What is the current ERP system(s) used by the City? Oct 22, 2025 5:42 PM Answered by Sasha Ramos: Tyler New World. Oct 29, 2025 9:28 AM 5. No subject Oct 22, 2025 5:42 PM Question: Has a budget been established for the selection phases of the project? If so, can the City share that amount? Oct 22, 2025 5:42 PM Answered by Sasha Ramos: A budget has not been determined. Oct 29, 2025 9:27 AM 6. No subject Oct 22, 2025 5:42 PM Question: Has a budget been established for annual subscription fees and one-time implementation services (including the consultation services that are part of this RFP)? If so, can the City share that amount? Oct 22, 2025 5:42 PM Answered by Sasha Ramos: A budget has not been determined. Oct 29, 2025 9:27 AM 7. Business Tax Receipt Oct 24, 2025 10:19 AM EXECUTIVE SUMMARY Page 6 Question: Our firm is in the process of obtaining a municipal Business Tax Receipt but does not yet have the final document issued. Could you please confirm whether the City will accept our proposal submission without the Business Tax Receipt at this stage, provided that we submit the valid receipt prior to contract execution or award? Oct 24, 2025 10:19 AM Answered by Sasha Ramos: Yes, but proof of application must be included in your response. Nov 13, 2025 9:55 AM 8. No subject Oct 29, 2025 9:09 AM Question: 1. Organization & Workforce Snapshot • Total headcount today (FT / PT / seasonal / interns / sworn vs. civilian, if applicable)? • Bargaining units? ☐ Yes ☐ No If yes: unions & # of CBAs; key provisions impacting HR/payroll/time. • Of departments / facilities / work locations; % remote / hybrid / field workers. • Primary pay schedules (weekly / bi-weekly / semi-monthly / monthly). Any exceptions? • Civil service rules? Seniority-based rules (bidding, PTO, promotions)? ☐ Yes ☐ No • Public-safety schedules or FLSA 7(k) periods for Police/Fire? ☐ Yes ☐ No • Pension/retirement plans (e.g., FRS) and any deferred comp (457/401(k))? • Requirements & Efficiency Targets: Any must-have fields, workflows, or reporting—and any specific headcount/scheduling efficiencies you want to gain? 2. Current Systems & Data Landscape • Core systems in use (HRIS/Payroll, Time, ATS, Benefits Admin, LMS, Performance): name + version. • Third-party add-ons (background checks, COBRA/ACA, expense, SSO, IDMS). • Critical integrations (GL/ERP, benefits carriers, retirement plans, identity/MFA, DMS). Batch or real-time? • Data sources for migration; data quality concerns. • Data retention / public-records (Sunshine Law) requirements. • Requirements & Efficiency Targets: Any systems you must keep, integrations that must be real-time, or migration/cleanup wins you want? 3. Pre-Hire & Onboarding • Onboarding timing (pre- day-1 vs day-1); owners; escalation if tasks are missed. • New-hire data & documents collected; method (self-service, email, in-person). • Can employees amend tax forms post-hire on their own? • Pre-hire comms/training; can new hires re-access training later? • Background check / drug testing flow & turnaround; E-Verify? • Who monitors onboarding completeness & quality checks? • Org charts / “who to contact” visibility? • Requirements & Efficiency Targets: Any steps to automate, signatures to collect, or cycle-time targets for time-to-productivity? 4. Time, Scheduling & Attendance • Who builds schedules; where posted; when visible? • Swap/change requests; approval flow • Late/no-show tracking; audit cadence. • Time entry (web, mobile, kiosk, geo-fencing); who corrects time & how? • Employee/manager timecard approvals. • How time flows into payroll; steps if time fails to post. • Requirements & Efficiency Targets: Any complex rules (7(k), shift differentials, on-call minimums) or scheduling/approval speedups you need? 5. PTO / Leave Policies • PTO/leave types; eligibility start; accrual method; front-load vs accrual. • Rollover vs. use-it-or-lose-it; negative balances; seniority rules. • Request/approval workflow; handling peak-demand days. • FMLA/extended leave processes; documentation. • How balances/approvals are communicated. • Requirements & Efficiency Targets: Any union/CBA nuances, caps, or automation targets (e.g., auto-accruals, blackout rules)? 6. Benefits, EXECUTIVE SUMMARY Page 7 OE, COBRA, ACA • Open enrollment comms; where employees enroll; confirmation of elections. • Life- event changes and flow into payroll. • Carrier files (who sends; cadence); reconciliation steps; 401(k)/loan change cadence. • COBRA notices, payments, election path. • ACA applicability (ALE); 1094/1095 process; monthly hours tracking. • Requirements & Efficiency Targets: Required carrier file formats, OE timelines, or reconciliation/eligibility accuracy targets? 7. Payroll Processing & Controls • Pay frequencies; pay-period begin/end; # entities; states worked; W-2 vs 1099 counts. • Prep steps & checklists; most time-consuming steps. • Mid-cycle changes after payroll opens—how detected/inserted? • Employee visibility to pay calc pre-payday; correction path pre-processing. • Typical error sources & remediation; re-run vs. next-check corrections. • Pre-submit reports; who needs access. • Direct deposit/name/address/tax changes—initiation, approval, audit. • Garnishment setup and remittance. • EEOC reporting cadence & owner. • GL export timing, format, and acceptance with Finance. • Requirements & Efficiency Targets: Any control/segregation needs, “approve-my-check” style validation, or GL automation you must have? 8. Expenses & Mileage (if in scope) • Expense categories/limits; approval chain; audit steps; time-to-reimburse. • Reimbursement posting to payroll & employee notification. • Mileage tracking, approval, calculation, and payroll posting. • Requirements & Efficiency Targets: Needed policy rules, mobile capture, receipt OCR, or faster reimbursement targets? 9. Career, Performance & Learning • Promotion process: data updates, docs to sign, new access/training. • Risks if updates are missed; how caught/corrected. • New-manager enablement (approvals, reviews, PTO). • KPIs & goals: how set, tracked, communicated; where progress is recorded. • Performance reviews & 360 cadence/tools. • Organization-wide learning programs: access, tracking, success measures. • Requirements & Efficiency Targets: Must-have workflows (e.g., merit cycles), goal/review templates, certification tracking, or learning compliance? 10. Reporting, Analytics & KPIs • Exec/manager self-service vs admin-built reports; frequency & common asks. • Volume of ad-hoc questions; response SLAs; preferred dashboards. • HRIS success metrics to track (accuracy, timeliness, adoption, cost, cycle time). • Requirements & Efficiency Targets: Any mandated reports/dashboards, audit exports, or decision-speed KPIs you want to hit 11. Security, Roles & Compliance • Role-based access & approval pathways (HR, Finance, IT, Dept leaders, Union reps, Auditors). • MFA/SSO requirements; audit logs; separation of duties; Level-2 background screening for vendor staff. • Records retention & public-records response requirements. • Jurisdictional rules to honor (FLSA, FMLA, EEO-4, ACA, CJIS if applicable). • Requirements & Efficiency Targets: Any least-privilege models, audit cadence, or privacy/retention automations required? 12. IT, Integrations & Architecture • ERP/GL target (file vs API); mapping owner; acceptance/sign-off. • Benefits, retirement, tax, identity integrations (specs/cadence; SFTP/API; encryption). • Mobile & kiosk needs; device/location/geo-fencing constraints. • Environments (test/train/prod), UAT approach, defect triage. • Requirements & Efficiency Targets: Real-time vs batch needs, SSO/MFA standards, uptime/latency targets, or preferred toolchain? 13. Implementation, Change & Training • Project governance: executive sponsor, core team, steering cadence, go/no-go criteria. • Timeline windows to avoid (fiscal close, elections, seasonal peaks). • Change-management leader; comms channels; training modalities (self-paced, live, role-based). • Go- live support expectations (hypercare duration, SLAs, after-hours coverage). • Requirements & Efficiency Targets: Any training modalities, adoption goals, comms cadence, or cutover/hypercare expectations? Oct 29, 2025 9:09 AM EXECUTIVE SUMMARY Page 8 Answered by Sasha Ramos: Please specify the question being asked. Nov 3, 2025 3:31 PM 9. Payroll Oct 29, 2025 9:47 AM Question: How many employees does the City have between full-time, part-time, and seasonal? And what is the recent annual payroll figure (2024)? Oct 29, 2025 9:47 AM Answered by Sasha Ramos: The City has 250 employees currently. Further details will be made available to the awarded consultant. Nov 13, 2025 9:55 AM 10. Various Questions Which More Details Are Needed Nov 5, 2025 2:59 PM Question: 1. Are you able to provide the Organization & Workforce Snapshot? • What is the total headcount today (FT / PT / seasonal / interns / sworn vs. civilian, if applicable)? • Does the Agency Require Bargaining units? ☐ Yes ☐ No If yes: unions & # of CBAs; key provisions impacting HR/payroll/time. • Please advise on the number of departments / facilities / work locations; % remote / hybrid / field workers. • Please confirm the primary pay schedules (weekly / bi-weekly / semi-monthly / monthly). Any exceptions? • Are there any Civil service rules? Seniority-based rules (bidding, PTO, promotions)? ☐ Yes ☐ No • Please advise on the public-safety schedules or FLSA 7(k) periods for Police/Fire? ☐ Yes ☐ No • Are there any Pension/retirement plans (e.g., FRS) and any deferred comp (457/401(k))? • Are there any Requirements & Efficiency Targets: Any must-have fields, workflows, or reporting—and any specific headcount/scheduling efficiencies you want to gain? 2. Current Systems & Data Landscape • Please advise on the Core systems in use (HRIS/Payroll, Time, ATS, Benefits Admin, LMS, Performance): name + version. • Are there any Third-party add-ons (background checks, COBRA/ACA, expense, SSO, IDMS). • Are Critical integrations a requirement (GL/ERP, benefits carriers, retirement plans, identity/MFA, DMS). Batch or real-time? • Are there any data sources for migration; data quality concerns. • Are there any Data retention / public-records (Sunshine Law) requirements. • Are there any Requirements & Efficiency Targets: Any systems you must keep, integrations that must be real-time, or migration/cleanup wins you want? 3. Pre-Hire & Onboarding • Is there a requirement for Onboarding timing (pre-day-1 vs day-1); owners; escalation if tasks are missed. • Please advise if New- hire data & documents collected is a requirement; method (self-service, email, in-person). • Can employees amend tax forms post-hire on their own? • Pre-hire comms/training; can new hires re-access training later? • Background check / drug testing flow & turnaround; E-Verify? • Who monitors onboarding completeness & quality checks? • Org charts / “who to contact” visibility? • Requirements & Efficiency Targets: Any steps to automate, signatures to collect, or cycle-time targets for time-to- EXECUTIVE SUMMARY Page 9 productivity? 4. Time, Scheduling & Attendance • Who builds schedules; where posted; when visible? • Is Swap/change requests; approval flow a requirement? • Is Late/no-show tracking; audit cadence a requirement?. • Is Time entry (web, mobile, kiosk, geo-fencing); who corrects time & how? • Is Employee/manager timecard approvals a requirement? • How time flows into payroll; steps if time fails to post. • Requirements & Efficiency Targets: Any complex rules (7(k), shift differentials, on-call minimums) or scheduling/approval speedups you need? 5. PTO / Leave Policies • Does the program require PTO/leave types; eligibility start; accrual method; front-load vs accrual. • Does the program require Rollover vs. use-it-or-lose-it; negative balances; seniority rules. • Does the program require Request/approval workflow; handling peak-demand days. • Does the program require FMLA/extended leave processes; documentation. • Does the program require How balances/approvals are communicated. • Does the program require Requirements & Efficiency Targets: Any union/CBA nuances, caps, or automation targets (e.g., auto-accruals, blackout rules)? 6. Benefits, OE, COBRA, ACA • Does the program require Open enrollment comms; where employees enroll; confirmation of elections. • Does the program require Life-event changes and flow into payroll. • Does the program require Carrier files (who sends; cadence); reconciliation steps; 401(k)/loan change cadence. • Does the program require COBRA notices, payments, election path. • Does the program require ACA applicability (ALE); 1094/1095 process; monthly hours tracking. • Does the program require Requirements & Efficiency Targets: Required carrier file formats, OE timelines, or reconciliation/eligibility accuracy targets? 7. Payroll Processing & Controls • Please advise on Pay frequencies; pay-period begin/end; # entities; states worked; W-2 vs 1099 counts. • Please advise on Prep steps & checklists; most time-consuming steps. • Please advise on Mid-cycle changes after payroll opens—how detected/inserted? • Please advise on Employee visibility to pay calc pre-payday; correction path pre-processing. • Please advise on Typical error sources & remediation; re-run vs. next-check corrections. • Please advise on Pre-submit reports; who needs access. • Please advise on Direct deposit/name/address/tax changes—initiation, approval, audit. • Please advise on Garnishment setup and remittance. • Please advise on EEOC reporting cadence & owner. • Please advise on GL export timing, format, and acceptance with Finance. • Please advise on Requirements & Efficiency Targets: Any control/segregation needs, “approve-my- check” style validation, or GL automation you must have? 8. Expenses & Mileage (if in scope) • Please advise on Expense categories/limits; approval chain; audit steps; time-to-reimburse. • Please advise on Reimbursement posting to payroll & employee notification. • Please advise on Mileage tracking, approval, calculation, and payroll posting. • Please advise on Requirements & Efficiency Targets: Needed policy rules, mobile capture, receipt OCR, or faster reimbursement targets? 9. Career, Performance & Learning • Please advise on Promotion process: data updates, docs to sign, new access/training. • Please advise on Risks if updates are missed; how caught/corrected. • Please advise on New-manager enablement (approvals, reviews, PTO). • Please advise on KPIs & goals: how set, tracked, communicated; where progress is recorded. • Please advise on Performance reviews & 360 cadence/tools. • Please advise on Organization-wide learning programs: access, tracking, success measures. • Please advise on Requirements & Efficiency Targets: Must-have workflows (e.g., merit cycles), goal/review templates, certification tracking, or learning compliance? 10. Reporting, Analytics & KPIs • Please advise on Exec/manager self-service vs admin-built reports; frequency & common asks. • Please advise on Volume of ad-hoc questions; response SLAs; preferred dashboards. • Please advise on HRIS success metrics to track (accuracy, timeliness, adoption, cost, cycle time). • Please advise on EXECUTIVE SUMMARY Page 10 Requirements & Efficiency Targets: Any mandated reports/dashboards, audit exports, or decision-speed KPIs you want to hit 11. Security, Roles & Compliance • Please advise on Role-based access & approval pathways (HR, Finance, IT, Dept leaders, Union reps, Auditors). • Please advise on MFA/SSO requirements; audit logs; separation of duties; Level-2 background screening for vendor staff. • Please advise on Records retention & public-records response requirements. • Please advise on Jurisdictional rules to honor (FLSA, FMLA, EEO-4, ACA, CJIS if applicable). • Please advise on Requirements & Efficiency Targets: Any least-privilege models, audit cadence, or privacy/retention automations required? 12. IT, Integrations & Architecture • Please advise on ERP/GL target (file vs API); mapping owner; acceptance/sign-off. • Please advise on Benefits, retirement, tax, identity integrations (specs/cadence; SFTP/API; encryption). • Please advise on Mobile & kiosk needs; device/location/geo-fencing constraints. • Please advise on Environments (test/train/prod), UAT approach, defect triage. • Please advise on Requirements & Efficiency Targets: Real-time vs batch needs, SSO/MFA standards, uptime/latency targets, or preferred toolchain? 13. Implementation, Change & Training • Please advise on Project governance: executive sponsor, core team, steering cadence, go/no-go criteria. • Please advise on Timeline windows to avoid (fiscal close, elections, seasonal peaks). • Please advise on Change- management leader; comms channels; training modalities (self-paced, live, role-based). • Please advise on Go-live support expectations (hypercare duration, SLAs, after-hours coverage). • Please advise on Requirements & Efficiency Targets: Any training modalities, adoption goals, comms cadence, or cutover/hypercare expectations? Are we able to schedule a call to discuss this? Nov 5, 2025 2:59 PM Answered by Sasha Ramos: A call cannot be scheduled as this is an active solicitation. These items will be discussed with the awarded consultant. Nov 10, 2025 10:23 AM 11. No subject Nov 6, 2025 9:27 AM Question: Who will serve as the sponsor of this project? Nov 6, 2025 9:27 AM Answered by Sasha Ramos: IT, HR and Finance Nov 10, 2025 10:23 AM 12. No subject Nov 6, 2025 9:27 AM Question: References are listed to be submitted in a separate form. Should these also be included in the technical proposal? Nov 6, 2025 9:27 AM EXECUTIVE SUMMARY Page 11 Answered by Sasha Ramos: They may also be included in the proposal, at your option. Nov 10, 2025 10:23 AM 13. No subject Nov 6, 2025 9:28 AM Question: What is the weighting for the different proposal criteria? Nov 6, 2025 9:28 AM Answered by Sasha Ramos: Please review Section 8 of the RFP for the proposal evaluation process. Nov 10, 2025 10:23 AM 14. No subject Nov 6, 2025 9:28 AM Question: What would be the estimated kick-off date for the project? What is the expectation to have this project completed by? Nov 6, 2025 9:28 AM Answered by Sasha Ramos: Dates have not been determined. Nov 10, 2025 10:23 AM 15. No subject Nov 6, 2025 9:28 AM Question: How many system users are at the City? Nov 6, 2025 9:28 AM Answered by Sasha Ramos: Please provide clarity on the information being requested. It is unclear if users refer total employee count or day-to-day users. Nov 10, 2025 10:23 AM 16. No subject Nov 6, 2025 9:28 AM Question: Does this include public safety departments such as police and/or fire departments? If police and fire are in scope, will this system be expected to complete scheduling and timekeeping for those departments? If not, which system is utilized by those departments? Nov 6, 2025 9:28 AM EXECUTIVE SUMMARY Page 12 Answered by Sasha Ramos: No, police and fire services are outsourced. Nov 10, 2025 10:23 AM 17. No subject Nov 6, 2025 9:29 AM Question: Does this RFP include all of the following modules, or are there additional modules to consider? 1. Recruitment 2. Onboarding 3. Offboarding 4. Personnel Transactions (incl personnel EE file) 5. Performance Management 6. Learning Management 7. Benefits Administration 8. Compensation Management 9. Payroll 10. Scheduling and Timekeeping Nov 6, 2025 9:29 AM Answered by Sasha Ramos: It is expected that the awarded consultant will conduct a needs assessment for this determination, as outlined in the scope of work. Nov 10, 2025 10:23 AM 18. No subject Nov 6, 2025 9:30 AM Question: Outside of an interface for Financials from the Payroll system, are there any other interfaces that you know will need to be considered as a part of this project? Nov 6, 2025 9:30 AM Answered by Sasha Ramos: It is expected that the awarded consultant will conduct a needs assessment for this determination, as outlined in the scope of work. Nov 10, 2025 10:23 AM 19. Timeline Nov 7, 2025 8:58 AM Question: Is there a notional project timeline (from contract award, vendor selection and procurement, until completion of all phases) Nov 7, 2025 8:58 AM Answered by Sasha Ramos: No. Nov 10, 2025 10:23 AM 20. Budget Nov 7, 2025 8:59 AM EXECUTIVE SUMMARY Page 13 Question: While budget is unknown at this time, is there an anticipated budget range the City is expecting? Nov 7, 2025 8:59 AM Answered by Sasha Ramos: No. Nov 10, 2025 10:23 AM 21. Price Structure Nov 7, 2025 8:59 AM Question: Does the City have a preferred pricing model? Ex: fixed fee, time and materials? Nov 7, 2025 8:59 AM Answered by Sasha Ramos: No. Nov 10, 2025 10:23 AM 22. Timeline Nov 7, 2025 8:59 AM Question: Are there any hard deadlines driving the timeline? (licensing renewals of tools, etc.) Nov 7, 2025 8:59 AM Answered by Sasha Ramos: No. Nov 10, 2025 10:23 AM 23. Outcomes Nov 7, 2025 8:59 AM Question: What specific business KPI’s you hope to impact with this HRIS transformation? You mention effectiveness, efficiency, compliance, and data accuracy; are there specific measures or challenges you hope to address? Nov 7, 2025 8:59 AM Answered by Sasha Ramos: These items will be discussed with the awarded consultant. Nov 10, 2025 10:23 AM 24. No subject Nov 7, 2025 8:59 AM Question: Who (title) is the executive sponsor of this project? EXECUTIVE SUMMARY Page 14 Nov 7, 2025 8:59 AM Answered by Sasha Ramos: This is a citywide initiative. Nov 10, 2025 10:23 AM 25. No subject Nov 7, 2025 9:00 AM Question: Which City of Dania employees (titles) will be involved in the selection process and implementation? Nov 7, 2025 9:00 AM Answered by Sasha Ramos: Selection and implementation of the HRIS system will include various City personnel. Nov 10, 2025 10:23 AM 26. No subject Nov 7, 2025 9:00 AM Question: Is there a City of Dania Learning or Change team with whom this team would work? Nov 7, 2025 9:00 AM Answered by Sasha Ramos: Please clarify what is meant by learning or change team. Nov 10, 2025 10:23 AM 27. No subject Nov 7, 2025 9:00 AM Question: Have all stakeholders been informed of this project and their involvement? Nov 7, 2025 9:00 AM Answered by Sasha Ramos: All stakeholders with involvement in this RFP have been notified. Nov 10, 2025 10:23 AM 28. No subject Nov 7, 2025 9:00 AM Question: Are there any third-party organizations who will be participating in the project? (External auditors, etc.) Nov 7, 2025 9:00 AM EXECUTIVE SUMMARY Page 15 Answered by Sasha Ramos: No. Nov 10, 2025 10:23 AM 29. No subject Nov 7, 2025 9:00 AM Question: Is there a preference for in-person sessions and collaboration? Nov 7, 2025 9:00 AM Answered by Sasha Ramos: No. Nov 10, 2025 10:23 AM 30. No subject Nov 7, 2025 9:00 AM Question: Do you anticipate engaging with a professional services arm of whichever vendor (ex: if Workday is selected, Workday's pro serve team) is ultimately chosen to support implementation? Nov 7, 2025 9:00 AM Answered by Sasha Ramos: Unknown at this time. Nov 10, 2025 10:23 AM 31. No subject Nov 7, 2025 9:00 AM Question: Does documentation of current state processes already exist, or would they need to be created? Nov 7, 2025 9:00 AM Answered by Sasha Ramos: This will need to be created. Nov 10, 2025 10:23 AM 32. No subject Nov 7, 2025 9:01 AM Question: What is the overall employee mix? Mostly exempt, non-exempt, FT/PT, etc.? Nov 7, 2025 9:01 AM Answered by Sasha Ramos: There are various statues as with most organizations, such as FT, PT and on- call and others. EXECUTIVE SUMMARY Page 16 Nov 10, 2025 10:23 AM 33. No subject Nov 7, 2025 9:01 AM Question: Is there an overall IT strategy and/or architecture the HRIS strategy will ladder back to? Nov 7, 2025 9:01 AM Answered by Sasha Ramos: No. Nov 10, 2025 10:23 AM 34. No subject Nov 7, 2025 9:01 AM Question: Is there an overall HR strategy the HRIS strategy will ladder back to? Nov 7, 2025 9:01 AM Answered by Sasha Ramos: No. Nov 10, 2025 10:23 AM 35. No subject Nov 7, 2025 9:01 AM Question: Does the scope of this effort include workforce planning and optimization? Nov 7, 2025 9:01 AM Answered by Sasha Ramos: Yes, if this is available. Nov 10, 2025 10:23 AM 36. No subject Nov 7, 2025 9:01 AM Question: Does the scope of this effort include talent acquisition? Nov 7, 2025 9:01 AM Answered by Sasha Ramos: Yes. Nov 10, 2025 10:23 AM 37. No subject EXECUTIVE SUMMARY Page 17 Nov 7, 2025 9:01 AM Question: Does the scope of this effort include time entry / timeclocks? Nov 7, 2025 9:01 AM Answered by Sasha Ramos: Yes, if the timekeeping system changes. Nov 10, 2025 10:23 AM 38. No subject Nov 7, 2025 9:01 AM Question: Do you intend for any/all of the existing applications be sunset as a result of this implementation (NeoGov, JDXpert, The Work Number, Bentek) Nov 7, 2025 9:01 AM Answered by Sasha Ramos: We will use whatever systems are determined to be best. Nov 10, 2025 10:23 AM 39. No subject Nov 7, 2025 9:01 AM Question: Do you mostly use point to point integrations or API’s? Nov 7, 2025 9:01 AM Answered by Sasha Ramos: Mostly point to point integrations. API’s are preferred, if possible. Nov 10, 2025 10:23 AM 40. No subject Nov 7, 2025 9:01 AM Question: Is there an existing set of vendor evaluation criteria that must be included in the selection process? Nov 7, 2025 9:01 AM Answered by Sasha Ramos: Please review Section 8 of the RFP for evaluation criteria. Nov 10, 2025 10:23 AM 41. No subject Nov 7, 2025 9:01 AM EXECUTIVE SUMMARY Page 18 Question: What is the expectation for post-go-live support from the awarded IT project manager / vendor? Nov 7, 2025 9:01 AM Answered by Sasha Ramos: Not yet determined. Nov 10, 2025 10:23 AM 42. No subject Nov 7, 2025 9:02 AM Question: Can the City provide clarity on specific reporting needs? Nov 7, 2025 9:02 AM Answered by Sasha Ramos: To be discussed with the awarded consultant. Nov 10, 2025 10:23 AM 43. No subject Nov 7, 2025 9:02 AM Question: Can the City provide clarity on specific integration needs? Nov 7, 2025 9:02 AM Answered by Sasha Ramos: To be discussed with the awarded consultant. Nov 10, 2025 10:23 AM 44. No subject Nov 7, 2025 9:02 AM Question: Can the City provide clarity on specific compliance needs? Nov 7, 2025 9:02 AM Answered by Sasha Ramos: To be discussed with the awarded consultant. Nov 10, 2025 10:23 AM 45. No subject Nov 7, 2025 9:02 AM Question: What implementation methodology/ies is the City most familiar with (waterfall, agile, Kanban etc)? Nov 7, 2025 9:02 AM EXECUTIVE SUMMARY Page 19 Answered by Sasha Ramos: No preference. Nov 10, 2025 10:23 AM 46. Objective Nov 9, 2025 5:55 PM Question: Beyond compliance and efficiency, what strategic outcomes such as transparency, employee engagement, or reporting accuracy are most important to City leadership? Nov 9, 2025 5:55 PM Answered by Sasha Ramos: Please review the City's strategic plan for more information : https://daniabeachfl.gov/8/Government Nov 13, 2025 9:55 AM 47. Objective Nov 9, 2025 5:57 PM Question: How will success be defined at the end of this engagement (e.g., measurable performance metrics, system adoption, audit readiness, or staff satisfaction)? Nov 9, 2025 5:57 PM Answered by Sasha Ramos: Complete integration, data integrity, security and stakeholder satisfaction. Nov 13, 2025 9:55 AM 48. Objective Nov 9, 2025 5:58 PM Question: What level of autonomy will the consultant have in evaluating, short-listing, and recommending HRIS vendors? Nov 9, 2025 5:58 PM Answered by Sasha Ramos: The involvement of the consultant is as outlined in the scope of work. Nov 13, 2025 9:55 AM 49. Objective Nov 9, 2025 5:58 PM Question: What are the primary pain points or inefficiencies the City hopes to resolve through this HR technology modernization effort? EXECUTIVE SUMMARY Page 20 Nov 9, 2025 5:58 PM Answered by Sasha Ramos: To be discussed with the contracted consultant. Nov 13, 2025 9:55 AM 50. Technology Nov 9, 2025 5:58 PM Question: How is HR data currently stored, maintained, and reported across departments? Nov 9, 2025 5:58 PM Answered by Sasha Ramos: Across various applications including Tyler New World, NeoGov, Bentek, JDXpert, and Laserfiche. Nov 13, 2025 9:55 AM 51. Technology Nov 9, 2025 5:59 PM Question: What is the City’s current data migration strategy, and how much historical employee data must be retained or converted? Nov 9, 2025 5:59 PM Answered by Sasha Ramos: All current data must be maintained. Nov 13, 2025 9:55 AM 52. Accessibility & Security Nov 9, 2025 6:02 PM Question: How does the City currently manage cybersecurity oversight internally or through an IT partner and what collaboration would be expected during implementation? Nov 9, 2025 6:02 PM Answered by Sasha Ramos: Standard cybersecurity standards are expected during the implementation. No specific oversight or collaboration is expected. Nov 13, 2025 9:55 AM 53. Implementation Nov 9, 2025 6:03 PM Question: What level of staff participation is anticipated during discovery, testing, and training phases? EXECUTIVE SUMMARY Page 21 Nov 9, 2025 6:03 PM Answered by Sasha Ramos: This is dependent on the outcome of the needs assessment to be performed by the contracted consultant. Nov 13, 2025 9:55 AM 54. Long-Term Vision Nov 9, 2025 6:04 PM Question: Are there other departments or agencies expected to leverage the same HR technology solution once deployed? Nov 9, 2025 6:04 PM Answered by Sasha Ramos: HR, Finance (for Payroll), IT (for Administration) are the only departments expected at this time. Nov 13, 2025 9:55 AM 55. Scope Nov 9, 2025 6:07 PM Question: How many employees, departments, and functional areas will the HRIS be expected to serve and support? Nov 9, 2025 6:07 PM Answered by Sasha Ramos: At present the city has 250 employees. The new system must support the entire city. Nov 13, 2025 9:55 AM 56. Scope Nov 9, 2025 8:30 PM Question: To plan resources effectively, can you confirm whether on-site service delivery is mandatory, or if the City is open to remote or hybrid consulting arrangements? Nov 9, 2025 8:30 PM Answered by Sasha Ramos: On-site is preferred, but the City is open to other delivery methods. Nov 13, 2025 9:55 AM 57. No subject Nov 10, 2025 10:37 AM EXECUTIVE SUMMARY Page 22 Question: What internal capacity does the city have for organizational change management? Nov 10, 2025 10:37 AM Answered by Sasha Ramos: Further context is needed to respond to this question. Nov 13, 2025 9:55 AM 58. No subject Nov 10, 2025 10:37 AM Question: Does the city currently have Key Performance Indicators (KPIs) related to HRIS? Nov 10, 2025 10:37 AM Answered by Sasha Ramos: No. Nov 13, 2025 9:55 AM 59. No subject Nov 10, 2025 10:38 AM Question: Could the city please specify which individuals or roles are included under the term “leadership” as referenced in the final bullet point of the project objectives section of the RFP? Nov 10, 2025 10:38 AM Answered by Sasha Ramos: City administration and department heads. Nov 13, 2025 9:55 AM ADDENDA & NOTICES Addendum #1 Nov 21, 2025 9:04 AM Notice #1 Nov 21, 2025 9:04 AM Notice #2 Nov 21, 2025 10:30 AM Attachments: Notice #3 Feb 25, 2026 3:17 PM EXECUTIVE SUMMARY Page 23 Attachments: CITY OF DANIA BEACH HR DEPARTMENT MEMORANDUM TO: Candido Sosa-Cruz, ICMA-CM, Acting City Manager FROM: Linda Gonzalez, Chief Human Resources Officer DATE: September 4, 2025 SUBJECT: Carry Over Funds to New Fiscal Year REQUEST The HR and Finance Departments are requesting approval to carry over $182K in funds to the new fiscal year to fund a comprehensive Enterprise Resource Planning (ERP) system. This comprehensive system would replace some, or, all of our existing HR and Payroll related systems such as NeoGov, New World, JD Expert, Total Rewards and Bentek. The goal is a fully integrated ERP with Laserfiche for employee files. BACKGROUND We currently utilize multiple subscriptions with NeoGov for Recruitment and Onboarding purposes and New World as the Human Resources Information Systems (HRIS) to manage employee data and payroll processing. The current systems are antiquated, time consuming, and require extensive manual data entry and auditing. Additionally, the systems must rely heavily on IT for integration. A comprehensive ERP, whereby we can manage employee transactions from “Hire to Retire,” supports our automation and efficiency initiatives. BUDGETARY IMPACT The $182K are savings realized from a benefits/dental program audit. RECOMMENDATION Approve the request to carry over the funds to the new fiscal year, and initiate the RFP process as soon as possible. Approved: ________________________________ Yeimy Guzman, Chief Financial Officer Candido Sosa-Cruz, ICMA-CM, Acting City Manager City of Dania Beach Procurement -, - 100 W. Dania Beach Boulevard, Dania Beach, FL 33004 [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT RFP No. 25-030 HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES RESPONSE DEADLINE: November 21, 2025 at 1:00 pm Report Generated: Tuesday, June 16, 2026 Peoplyst, LLC Response CONTACT INFORMATION Company: Peoplyst, LLC Email: tony.lawrence@peoplyst.com Contact: Tony Lawrence Address: 121 W Forsyth St STE 620 JACKSONVILLE, FL 32202 Phone: (541) 419-5717 Website: www.peoplyst.com Submission Date: Nov 21, 2025 12:49 PM (Eastern Time) [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT RFP No. 25-030 HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT Request For Proposal - HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed Nov 21, 2025 9:54 AM by Tony Lawrence QUESTIONNAIRE 1. PROPOSER QUALIFICATIONS Note: Information requested in the ITB and submitted by the Bidders will be analyzed by the City of Dania Beach and will be a factor considered in awarding any resulting contract. The purpose is to ensure that the successful Bidders in the sole opinion of the City of Dania Beach can sufficiently and efficiently perform all the required services in a timely and satisfactory manner as will be required by the subject contract. If there are any terms or conditions that are in conflict, the most stringent requir ement shall apply. PLEASE UPLOAD YOUR COST PROPOSAL HERE. * Pass Peoplyst_RFP_25-030_HRIS_Technology_Consultation_Services_Cost_Proposal_11.21.25.pdf PLEASE UPLOAD YOUR PROPOSAL DOCUMENTS HERE. * Pass This should include all items outlined in Section 7 Proposal Requirements. Peoplyst_RFP_25-030_HRIS_Technology_Consultation_Services__Authorized_Officer_11.21.25.pdf Peoplyst_RFP_25-030_HRIS_Technology_Consultation_Services__Financial_Stability_11.21.25.pdf Peoplyst_RFP_25-030_HRIS_Technology_Consultation_Services_11.21.25.pdf AUTHORIZED REPRESENTATIVE CONTACT INFORMATION?* Pass [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT RFP No. 25-030 HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT Request For Proposal - HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES Page 3 Please include the name, title, phone and email of the authorized representative Tony Lawrence Head of Business Development (541) 419-5717 tony.lawrence@peoplyst.com ENTITY TYPE?* Pass Other (specify below) IF YOU SELECTED OTHER PLEASE SPECIFY: Pass Single Member LLC IF YOU SELECTED CORPORATION PLEASE ENTER DATE OF INCORPORATION AND STATE IN WHICH INCORPORATED: Pass N/A IF AN OUT-OF-STATE CORPORATION OR ENTITY, MUST BE CURRENTLY AUTHORIZED TO DO BUSINESS IN FLORIDA BY THE OFFICE OF THE FLORIDA SECRETARY OF STATE Pass Confirmed PLEASE INCLUDE THE NAME AND TITLE OF PRINCIPAL OFFICERS AND THE DATE THEY WERE ELECTED:* Pass [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT RFP No. 25-030 HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT Request For Proposal - HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES Page 4 N/A HOW MANY YEARS HAS YOUR ORGANIZATION BEEN IN BUSINESS?* Pass Enter years 6 THE LENGTH OF TIME (CONTINUOUS) IN BUSINESS IN FLORIDA:* Pass Enter years 6 PLEASE UPLOAD A COPY OF A COUNTY OR MUNICIPAL BUSINESS TAX RECEIPT* Pass 2024-2025_Business_Tax_Reciepts.pdf PLEASE UPLOAD THE RESUMES OF KEY PERSONNEL WHO WILL BE ASSIGNED TO PROJECT WORK AND A DESCRIPTION OF THE ROLE OF EACH PERSON WITHIN THE COMPANY* Pass Peoplyst_RFP_Resumes_Bryan_Howard.docx Peoplyst_RFP_Resumes_Tearle_Johnson.docx HAVE YOU EVER FAILED TO COMPLETE ANY WORK AWARDED TO YOU?* Pass No [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT RFP No. 25-030 HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT Request For Proposal - HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES Page 5 WITHIN THE LAST FIVE YEARS, HAS ANY OFFICER OR PARTNER OF YOUR ORGANIZATION EVER BEEN AN OFFICER OR PARTNER OF ANOTHER ORGANIZATION THAT FAILED TO COMPLETE AN AGREEMENT?* Pass No WITHIN THE LAST FIVE YEARS, HAVE YOU EVER HAD A PERFORMANCE, PAYMENT OR BID BOND CALLED?* Pass No HAVE YOU, ANY OFFICER OR PARTNER OF YOUR ORGANIZATION, OR THE ORGANIZATION BEEN INVOLVED IN ANY LITIGATION OR ARBITRATION AGAINST THE CITY?* Pass No WITHIN THE LAST FIVE YEARS, HAVE YOU, ANY OFFICER OR PARTNER OF YOUR ORGANIZATION, OR THE ORGANIZATION OR PARENT COMPANY OR ITS SUBSIDIARIES BEEN INVOLVED IN ANY LITIGATION OR ARBITRATION AGAINST ANY OTHER FLORIDA PUBLIC ENTITY?* Pass No WITHIN THE LAST FIVE YEARS, HAVE YOU, ANY OFFICER OR PARTNER OF YOUR ORGANIZATION, OR THE ORGANIZATION O R PARENT COMPANY OR ITS SUBSIDIARIES BEEN INVOLVED IN ANY LITIGATION OR ARBITRATION AGAINST ANY PRIVATE ENTITY FOR AN AMOUNT GREATER THAN $100,000?* Pass No [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT RFP No. 25-030 HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT Request For Proposal - HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES Page 6 HAS YOUR ORGANIZATION OR ANY OF ITS PARTNERS, OFFICERS, OR KEY PERSONNEL, OR ITS SUBSIDIARIES OR PARENT COMPANY BEEN CHARGED OR INDICTED FOR ANY CRIMINAL ACTIVITY WITHIN THE LAST FIVE YEARS?* Pass No HAS YOUR ORGANIZATION OR ANY OF ITS PARTNERS, OFFICERS, OR KEY PERSONNEL, OR ITS SUBSIDIARIES OR PARENT COMPANY BEEN CONVICTED OR FINED FOR ANY CRIMINAL ACTIVITY WITHIN THE LAST FIVE YEARS?* Pass No WITHIN THE LAST FIVE YEARS, HAVE YOU, ANY OFFICER OR PARTNER OF YOUR ORGANIZATION, OR THE ORGANIZATION BEEN INVESTIGATED BY ANY LOCAL, STATE, OR FEDERAL LAW ENFORCEMENT AGENCY, CRIMINAL JUSTICE AGENCY OR INSPECTO R GENERAL OFFICE?* Pass No WITHIN THE LAST FIVE YEARS, HAVE YOU, ANY OFFICER OR PARTNER OF YOUR ORGANIZATION, OR THE ORGANIZATION COMMUNICATED WITH ANY LOCAL, STATE, OR FEDERAL LAW ENFORCEMENT AGENCY, CRIMINAL JUSTICE AGENCY OR INSPECTOR GENERAL OFFICE RELATING TO GOODS OR SERVICES PROVIDED OR PERFORMED FOR ANY GOVERNMENTAL ENTITY?* Pass No WITHIN THE LAST FIVE YEARS, HAVE THERE BEEN ANY REPORTS OR AUDITS RELATING TO YOU, ANY OFFICER OR PARTNER OF YOUR ORGANIZATION, OR THE ORGANIZATION ISSUED BY ANY LOCAL, STATE, OR FEDERAL LAW ENFORCEMENT AGENCY, CRIMINAL JUSTICE AGENCY OR INSPECTOR GENERAL OFFICE.* Pass [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT RFP No. 25-030 HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT Request For Proposal - HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES Page 7 No WITHIN THE LAST FIVE YEARS, HAVE YOU, ANY OFFICER OR PARTNER OF YOUR ORGANIZATION, OR THE ORGANIZATION FAILED TO DISCLOSE OR MADE MISREPRESENTATIONS TO ANY GOVERNMENTAL ENTITY REGARDING CONFLICTS OF INTEREST OR POTENTIAL OR APPARENT CONFLICTS OF INTEREST?* Pass No 2. Commercial/Government References Provide a list of at least five commercial or government references that the successful Bidder has supplied service/commoditi es meeting the requirements of the City of Dania Beach specifications, within the last five (5) years REFERENCE 1* Pass Please include: Project Title Address Owner & Owner's Telephone Number Contract Value Percent Complete and Completion Date - Hana Group USA HRIS RFP Process, Vendor Selection, and Implementation Management - 485 Devon Park Drive, Suite 109, Wayne, PA 19087 - April Legere (client contact) | (817) 994-3486 - Value: $366,000 [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT RFP No. 25-030 HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT Request For Proposal - HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES Page 8 - 100% Completed on 10/23/2023 (HRIS RFP to rollout took about ~5 months REFERENCE 2* Pass Please include: Project Title Address Owner & Owner's Telephone Number Contract Value Percent Complete and Completion Date Grand Traverse Band of Ottawa & Chippewa Indians Reorganization Plan 2605 N. West Bay Shore Dr. Peshawbestown, MI 49682 Kimberly McClellan (client contact) | (231) 534-7136 Value: $51,400 The project is ongoing and nearing completion. REFERENCE 3* Pass Please include: Project Title Address Owner & Owner's Telephone Number [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT RFP No. 25-030 HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT Request For Proposal - HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES Page 9 Contract Value Percent Complete and Completion Date Town of Deer Trail Employee Workload Assessment 555 2nd Ave, Deer Trail, CO 80105 Robert Rhodes (Board of Trustees) | (720) 982-7259 Current Contract Value: $13,000 75% Current Project Completion with Ongoing Work REFERENCE 4* Pass Please include: Project Title Address Owner & Owner's Telephone Number Contract Value Percent Complete and Completion Date First Onsite Property Restoration - Company Onboarding Process Overhaul 3401 Quorum Drive, Fort Worth, TX 76137 Leah Pearson (client contact) | (613) 404-1991 Contract Value: $366,000 100% complete [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT RFP No. 25-030 HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT Request For Proposal - HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES Page 10 REFERENCE 5* Pass Please include: Project Title Address Owner & Owner's Telephone Number Contract Value Percent Complete and Completion Date Pet Paradise - Organizational Training Plan 1195 NW John Jones Dr Burleson, TX 76028 Claudia Amlie | Former CHRO at Pet Paradise | Now with Eve Partners | Phone: 904 -239-7714 Contract Value: $55,000 100% Complete 3. BIDDER'S QUESTIONNAIRE The undersigned guarantees the truth and accuracy of all statements and answers contained below: LIST BELOW ALL PERTINENT INFORMATION AND DATA THAT WOULD INDICATE THE ABILITY OF YOUR ORGANIZATION AND MANAGEMENT PERSONNEL TO PERFORM SATISFACTORILY.* Pass [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT RFP No. 25-030 HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT Request For Proposal - HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES Page 11 Peoplyst is an HR consulting firm with a strong record of leading HRIS evaluations, selections, and implementations for organ izations that rely on accurate data, stable workflows, and dependable compliance. Our team brings deep experie nce in HR operations and HR technology. Bryan Howard, our CEO, has guided large and complex initiatives across higher education, public agencies, and pri vate industry. Tearle Johnson, our Senior Director of People Operations, has directed HRIS projects acr oss platforms that include Paylocity, ADP, Workday education modules, UKG, Oracle, SAP, and related integrations. His work covers configuration, workflow design, d ata migration oversight, vendor coordination, and adoption support. One of the advantages of working with Peoplyst is that we bring a standard, repeatable delivery approach that uses Agile tactics, and we tailor that approach to the needs of each client. We structure work into clear phases and short planning cycles, use worki ng backlogs instead of one static plan, and keep regular touchpoints with project sponsors in HR, IT, and Finance. For the City of Dania Beach this means project guidance that reflects recognized industry standards for HRIS implementation, while still adapting to your staffing levels, decision-making structure, and preferred pace. Our engagement with Hana Group USA demonstrates our capability. The client faced repeated compliance penalties caused by a misconfigured HR system. Peoplyst completed a full diagnostic, led the vendor selection process, secured competitive pricing, managed implementation, and supported the organization through a complete system transition that eliminated the compliance failures and stabilized reporting. Peoplyst also maintains relationships with multiple HRIS vendors. These partnerships do not drive our recommendations. They strengthen our ability to negotiate favorable pricing and contract terms on behalf of clients, while keeping system selection driven by functional need, technical fit, and operational requirements. We have also supported Duke University, First Onsite, Pet Paradise, MPOWER Health, the Town of Deer Trail, and the Grand Trav erse Band of Ottawa and Chippewa Indians. These projects required disciplined project management, detailed documentation, structured stakeholder communication, and delivery consistency across long timelines. That experience is directly transferable to an initiative like the City’s first HRIS implementation. Peoplyst approaches HRIS consulting with a method that focuses on accurate requirements gathering, clear process alignment, careful data planning, and predictable implementation. This structure, combined with our Agile tactics and public sector experience, positions our team to perform the work for the City of Dania Beach in a satisfactory and reliable manner. HAVE YOU PERSONALLY COMPLETED A PLAN FOR PERFORMANCE OF THE WORK?* Pass [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT RFP No. 25-030 HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT Request For Proposal - HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES Page 12 Yes. Peoplyst has a standard method for building HRIS project plans, and we have completed these plans for previous clients. A full plan for Dania Beach will be developed after award, once discovery, stakeholder input, and the needs assessment are complete. HAVE YOU EVER FAILED TO COMPLETE WORK AWARDED TO YOU?* Pass No HAS YOUR COMPANY EVER BEEN DEBARRED OR HELD IN DEFAULT IN BROWARD, MIAMI-DADE, OR PALM BEACH COUNTIES OR ELSEWHERE BY ANY OTHER GOVERNMENTAL ENTITY?* Pass No. WILL PERSONNEL BE PART OF A REGULAR CREW ASSIGNED TO PERFORM THE SERVICES? * Pass Yes PLEASE ATTACH COPIES OF ANY LICENSES, AWARDS, CERTIFICATES, ETC., THAT YOU MAY HAVE. No response submitted 4. REQUIRED FORMS DRUG-FREE WORKPLACE CERTIFICATION* Pass Whenever two (2) or more bids/Bids, which are equal with respect to price, quality, and service, are received by the CITY OF DANIA BEACH for the procurement of commodities or contractual services, a bid/Bid received from a business that certifies that it h as implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug -free workplace program, a business shall: [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT RFP No. 25-030 HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT Request For Proposal - HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES Page 13 A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. B. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. C. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number (1). D. In the statement specified in number (1), notify the employees that as a condition for working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction on or plea of guilty or no contest to any violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or any singular state, for a violation occurring in the workplace no later than five (5) days after such conviction. E. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by any employee who is so convicted. F. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Section 287.087, Florida Statutes. By confirming I certify that said Company has implemented a drug-free workplace program, which meets the requirements of Section 287.087, Florida Statutes, which are identified in letters (A) through (F) above. Confirmed AFFIDAVIT OF COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS* Pass Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding. [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT RFP No. 25-030 HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT Request For Proposal - HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES Page 14 • Anti-Human_Trafficking_Exhi... Anti_Human_Trafficking.pdf PUBLIC ENTITY CRIMES FORM* Pass Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding. • City_of_Dania_Beach_Florida... Public_Entity_Crimes.pdf NON COLLUSION AFFIDAVIT* Pass Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding. • Non_Collusion_Affidavit.pdf Non-Collusion.pdf ACKNOWLEDGMENT OF ADDENDA* Pass Please download the below documents, complete, and upload. • Acknowledgment_of_Addenda.pdf cb6fcc37-ba40-4a75-bf42-0cfa8b8609dc_Acknowledgment_of_Addenda_Peoplyst.pdf CERTIFICATE OF ACCURACY OF PROPOSAL* Pass [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT RFP No. 25-030 HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES [PEOPLYST, LLC] RESPONSE DOCUMENT REPORT Request For Proposal - HUMAN RESOURCES TECHNOLOGY CONSULTATION SERVICES Page 15 Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding. • Certification_to_Accuracy_o... Certificate_of_Accuracy.pdf PLEASE UPLOAD YOUR COMPANY'S CERTIFICATE OF INSURANCE (COI)* Pass A general certificate of insurance should be uploaded in this section. If you are selected, you will be required to provide a corrected certificate of insurance with updated dates and additionally insured. PEOPLYST_LLC,_121_W_Forsythe_Ave_Suite_620,_Jacksonville,_FL,_32202(2)_(2).pdf © 2025 Peoplyst, LLC – All Rights Reserved Confidential and Proprietary Page 1 of 4 Peoplyst Jacksonville, FL (904) 404-5434 www.peoplyst.com Human Resources Technology Consultation Services – Cost Proposal Prepared for: The City of Dania Beach Solicitation Number: 25-030 Due: 11/21/25 by 1:00 p.m. Secondary Point of Contact: Bryan Howard Chief Executive Officer (904) 404-5434 bryan.howard@peoplyst.com Primary Point of Contact: Tony Lawrence Head of Business Development (541) 419-5717 tony.lawrence@peoplyst.com © 2025 Peoplyst, LLC – All Rights Reserved Confidential and Proprietary Page 2 of 4 Peoplyst Jacksonville, FL (904) 404-5434 www.peoplyst.com Cost Proposal Peoplyst, LLC (dba Peoplyst) Human Resources Technology Consultation Services City of Dania Beach – RFP 25-030 Cost Breakdown by Phase Phase I: Discovery and Needs Assessment — $14,500 (fourteen thousand five hundred dollars) Stakeholder interviews, current-state documentation, workflow mapping, reporting and compliance review, data and integration inventory, and requirements development. Phase II: HRIS Strategy and Vendor Selection — $11,500 (eleven thousand five hundred dollars) Vendor outreach, demonstration coordination, scoring framework, pricing comparison, and final selection support. Phase III: Implementation Support — $31,000 (thirty-one thousand dollars) Configuration review, testing oversight, integration planning, data validation support, training coordination, and go-live readiness. Phase IV: Change Management and Training — $11,000 (eleven thousand dollars) Targeted communication, role-based training materials, manager and employee guidance, and early adoption support. Total Fixed Fee: $68,000 (sixty-eight thousand dollars) Hourly Rates Role Hourly Rate Lead Consultant $201 (two hundred and one dollars) Senior HRIS Analyst $165 (one hundred and sixty-five dollars) Project Coordinator $90 (ninety dollars) Rates remain valid for the duration of the project. © 2025 Peoplyst, LLC – All Rights Reserved Confidential and Proprietary Page 3 of 4 Peoplyst Jacksonville, FL (904) 404-5434 www.peoplyst.com Milestones and Deliverables Each phase includes deliverables tied to predictable milestones. Phase 1 Deliverables: • Project charter and governance structure • Current-state workflow documentation • Requirements matrix • Data and integration inventory • Selection criteria Phase II Deliverables • Demonstration scripts • Scoring framework • Vendor comparison report • Pricing analysis • Recommendation summary Phase III Deliverables • Implementation roadmap • Testing plan and issue log • Data validation checklists • Integration blueprint • Go-live readiness plan Phase IV Deliverables • Communication plan • Training materials and reference guides • Manager and employee support resources • Early adoption review Additional Costs Peoplyst charges only for the following when requested by the City: • Travel for on-site sessions, billed at actual cost with no markup • Third-party tools chosen by the City © 2025 Peoplyst, LLC – All Rights Reserved Confidential and Proprietary Page 4 of 4 Peoplyst Jacksonville, FL (904) 404-5434 www.peoplyst.com • Optional extended support estimated at $9,000 to $12,500 (nine thousand to twelve thousand five hundred dollars) No other fees apply. © 2025 Peoplyst, LLC – All Rights Reserved Confidential and Proprietary Page 1 of 1 Peoplyst Jacksonville, FL (904) 404-5434 www.peoplyst.com To whom it may concern, I, Bryan Howard, authorize Tony Lawrence, Head of Business Development, to act as an authorized representative of Peoplyst, LLC for all matters related to the City of Dania Beach RFP 25-030, including the submission of proposals, forms, certifications, and related documents. Sincerely, Bryan Howard Chief Executive Officer Peoplyst, LLC © 2025 Peoplyst, LLC – All Rights Reserved Confidential and Proprietary Page 1 of 1 Peoplyst Jacksonville, FL (904) 404-5434 www.peoplyst.com Peoplyst, LLC 121 West Forsyth St., Suite 620 Jacksonville, FL 32202 (904) 404-5434 www.peoplyst.com Date: __________________ City of Dania Beach Attn: Purchasing Division 100 West Dania Beach Boulevard Dania Beach, FL 33004 Subject: Financial Stability Statement To Whom It May Concern: Peoplyst, LLC confirms that the company is financially stable and capable of meeting all obligations associated with providing Human Resources Technology Consultation Services to the City of Dania Beach. The company is in good standing, maintains positive operating capacity, and has no conditions that would impede our ability to perform the work outlined in Solicitation 25-030. Peoplyst has no pending financial issues, material debts, or legal matters that affect solvency. The company has maintained continuous operations since 2019 and has the resources, staffing, and financial structure required to support multi-phase consulting engagements for public sector clients. If additional information is required, we will provide it upon request. Sincerely, Bryan Howard Chief Executive Officer © 2025 Peoplyst, LLC – All Rights Reserved Confidential and Proprietary Page 1 of 17 Peoplyst Jacksonville, FL (904) 404-5434 www.peoplyst.com Human Resources Technology Consultation Services Prepared for: The City of Dania Beach Solicitation Number: 25-030 Due: 11/21/25 by 1:00 p.m. Secondary Point of Contact: Bryan Howard Chief Executive Officer (904) 404-5434 bryan.howard@peoplyst.com Primary Point of Contact: Tony Lawrence Head of Business Development (541) 419-5717 tony.lawrence@peoplyst.com © 2025 Peoplyst, LLC – All Rights Reserved Confidential and Proprietary Page 2 of 17 Peoplyst Jacksonville, FL (904) 404-5434 www.peoplyst.com Table of Contents 1. Executive Summary 2. Project Experience 2.1 HRIS Selection and Implementation Experience 2.2 HR Technology Platforms Supported 2.3 System Integration Expertise 2.4 Data Migration and Validation Approach 2.5 Project and Portfolio Management Experience 3. Approach and Methodology 3.1 Needs Assessment and Stakeholder Engagement 3.2 Vendor Evaluation Framework 3.3 Change Management Approach 3.4 Testing Strategy 3.5 Training and Knowledge Transfer 3.6 Go-Live and Post-Go-Live Support 3.7 Communication Cadence 4. Project Team 4.1 Team Structure 4.2 Key Personnel Bios 4.3 Personnel Continuity Plan 4.4 Subcontractor Use 5. Financial Stability (Submitted Under Separate Cover) 6. Litigation History 7. Cost Proposal 7.1 Cost Breakdown by Phase 7.2 Hourly Rates © 2025 Peoplyst, LLC – All Rights Reserved Confidential and Proprietary Page 3 of 17 Peoplyst Jacksonville, FL (904) 404-5434 www.peoplyst.com 7.3 Milestones and Deliverables 7.4 Travel and Additional Costs 8. References 9. Required Forms (Submitted through OpenGov portal) o Proposer’s Qualifications o Public Entity Crimes Form o Non-Collusion Affidavit o Drug-Free Workplace Certification o Acknowledgment of Addenda o Certification to Accuracy of Proposal o Affidavit of Compliance with Anti-Human Trafficking Laws o General Certificate of Insurance © 2025 Peoplyst, LLC – All Rights Reserved Confidential and Proprietary Page 4 of 17 Peoplyst Jacksonville, FL (904) 404-5434 www.peoplyst.com 1. Executive Summary Peoplyst understands that the City of Dania Beach plans to move from disconnected HR tools to a unified HRIS that supports accurate data, efficient workflows, and consistent service for employees and managers. The City’s Strategic Plan places strong emphasis on strengthening internal operations, improving customer service, investing in technology, and ensuring financial and operational accountability. The HRIS project supports those aims by replacing manual work with reliable processes that increase accuracy and support timely decision making. Peoplyst is a consulting firm with the right people and experience leading HRIS evaluations, selections, and implementations for organizations that depend on stable workflows and dependable compliance. Our team brings extensive experience in HR operations and technology. Bryan Howard, our CEO, has guided complex initiatives across higher education, public agencies, and private employers. Tearle Johnson, our Senior Director of People Operations, has led HRIS projects across platforms that include Paylocity, ADP, Workday education modules, UKG, SAP, Oracle, and related integrations. His work covers configuration reviews, workflow design, data migration oversight, vendor coordination, and adoption support. One of the advantages of working with Peoplyst is the structure we bring to HRIS work. We use a standard, repeatable delivery method that relies on short planning cycles, working backlogs, and recurring conversations with HR, IT, and Finance. This gives the City an implementation approach that reflects recognized HRIS standards and still adjusts to internal bandwidth, decision-making processes, and the City’s preferred pace. Our engagement with Hana Group USA demonstrates this capability. With over a thousand employees across 34 states, the client faced repeated compliance penalties tied to its misconfigured HR system. Peoplyst led a full diagnostic, guided vendor selection, secured competitive pricing, and managed implementation, which took just under five months. The transition eliminated compliance failures and stabilized reporting. We maintain strong relationships with multiple HRIS vendors. These relationships do not influence our recommendations. They help us negotiate favorable pricing and contract terms while keeping system selection grounded in functional need, technical fit, and operational requirements. We have supported Duke University, First Onsite, Pet Paradise, MPOWER Health, the Town of Deer Trail, and the Grand Traverse Band of Ottawa and Chippewa Indians. These projects required disciplined project © 2025 Peoplyst, LLC – All Rights Reserved Confidential and Proprietary Page 5 of 17 Peoplyst Jacksonville, FL (904) 404-5434 www.peoplyst.com management, clear documentation, precise communication with stakeholders, and delivery consistency across long timelines. That experience transfers directly to the City’s first HRIS initiative. Peoplyst approaches HRIS consulting with a method that focuses on accurate requirements gathering, clear process alignment, careful data planning, and predictable implementation. Combined with our public sector experience and the City’s commitment to improved internal operations, this positions our team to deliver dependable results for Dania Beach. Anthony Lawrence, Head of Business Development, located in Flower Mound, Texas, is authorized to make representations for Peoplyst, LLC (dba Peoplyst). 2. Project Experience Peoplyst supports HR technology and organizational performance projects for public agencies, higher education institutions, and private employers. Our team brings direct experience with needs assessments, vendor evaluations, workflow design, configuration review, and HRIS transitions across platforms that include Paylocity, ADP, Workday education modules, UKG, SAP, and Oracle. This experience comes from both the firm’s project portfolio and the extensive system leadership background of our Senior Director of People Operations, Tearle Johnson, who will serve as the City’s lead resource. Tearle has overseen major implementations, integrations, and workflow redesigns across diverse organizational environments. We emphasize clear requirements, precise documentation, structured project management, and steady coordination with HR, Finance, IT, and executive sponsors. This approach gives organizations a dependable method for HRIS selection and implementation, especially during first-generation system work where accuracy and testing discipline are essential. 2.1 HRIS Selection and Implementation Experience Peoplyst supported Hana Group USA, a 1,006-employee organization operating across 34 states, through a complete HRIS transition after the company faced recurring compliance penalties tied to a misconfigured system. Our team led the diagnostic work, defined requirements, evaluated vendors, negotiated pricing, and managed the implementation. The transition stabilized payroll accuracy, eliminated compliance failures, and established workflows that strengthened data integrity and operational consistency. Beyond Hana Group, Tearle has guided HR technology strategies and HRIS transitions for multinational employers and multi-state organizations across healthcare, biopharma, aerospace, and other industries. © 2025 Peoplyst, LLC – All Rights Reserved Confidential and Proprietary Page 6 of 17 Peoplyst Jacksonville, FL (904) 404-5434 www.peoplyst.com His experience also includes work with local, statewide, and tribal government agencies that require structured processes, strong documentation, and clear accountability. This blend of private and public sector experience shapes the approach Peoplyst will bring to Dania Beach. 2.2 HR Technology Platforms Supported Peoplyst brings extensive platform knowledge, including: • Paylocity • ADP Enterprise (PeopleSoft) and ADP GlobalView (SAP) • Workday • UKG Ready and UKG Pro • BambooHR • Paycor • Ceridian Dayforce • Oracle Fusion • SAP • Rippling • ATS platforms including iCIMS, Taleo, Taleo Fluid, and SmartRecruiters Our work spans implementation support, configuration readiness, workflow design, optimization, reporting, and parallel testing. This broad platform experience positions Peoplyst to support the City regardless of the HRIS selected. 2.3 System Integration Expertise Peoplyst places strong emphasis on integration quality. Tearle has coordinated and validated integrations across: • Payroll systems including ADP, Paylocity, UKG, and Ceridian • ATS platforms including iCIMS, Taleo, Taleo Fluid, and SmartRecruiters • Benefits administration systems including PlanSource, Benefits Navigator, Towers Watson, and ADP benefits platforms • Time and attendance systems including UKG and Paylocity • LMS platforms including Paylocity Learning and Workday Learning • Background check vendors including Sterling • Compliance tools including E-Verify © 2025 Peoplyst, LLC – All Rights Reserved Confidential and Proprietary Page 7 of 17 Peoplyst Jacksonville, FL (904) 404-5434 www.peoplyst.com Integration support includes requirements documentation, field mapping, interface rule design, testing cycles, error resolution, and end-to-end validation. For Dania Beach, this expertise directly applies to the City’s ecosystem across Tyler New World, NeoGov, JDXpert, Bentek, Laserfiche, and The Work Number. Peoplyst is prepared to develop integration blueprints, coordinate vendor communication, and ensure interfaces operate reliably after go-live. 2.4 Data Migration and Validation Approach Peoplyst uses a structured and repeatable method for data migration, focused on accuracy and operational readiness. This includes: • Data Discovery and Cleanup to identify inconsistencies, duplicates, and coding issues • Field Mapping and Transformation to create a clean architecture for job tables, cost centers, FLSA codes, and reporting fields • Initial Test Loads to validate format and mapping alignment • Full Test Loads and Parallel Testing to confirm payroll, job data, eligibility fields, and reporting outputs • End User Verification to ensure roles, workflows, and permissions match operational needs • Post-Go-Live Audit to validate stability in benefits enrollment, payroll, and compliance reporting The City requires that all current HR and payroll data be preserved. Peoplyst will work with City staff to determine which data is converted, archived, or cleansed before migration. We will coordinate with the selected HRIS vendor to ensure complete and accurate data loads. 2.5 Project and Portfolio Management Experience Peoplyst has supported Project and Portfolio Management (PPM) implementations that help HR and IT teams organize work and standardize execution. Tearle has contributed to PPM deployments across: • Microsoft O365 Enterprise Project Online PPM • Monday.com • Smartsheet PPM (including Control Center blueprints) This experience strengthens Peoplyst’s ability to manage a multi-phase HRIS transition with clear timelines, transparent governance, structured documentation, and consistent reporting to HR, Finance, IT, and executive leadership. © 2025 Peoplyst, LLC – All Rights Reserved Confidential and Proprietary Page 8 of 17 Peoplyst Jacksonville, FL (904) 404-5434 www.peoplyst.com 3. Approach and Methodology Peoplyst uses a structured, practical, and repeatable method for HRIS projects. The approach is grounded in short planning cycles, clear documentation, and steady engagement with HR, Finance, and IT. This gives the City of Dania Beach a process that reflects recognized HRIS standards while adjusting to the City’s staffing levels, governance structure, and preferred pace. Our experienced project team will lead the engagement and apply an approach shaped by both private-sector efficiency and public-sector accountability. 3.1 Needs Assessment and Stakeholder Engagement The needs assessment establishes the foundation for selection and implementation. Peoplyst documents how work is done today, identifies gaps, and clarifies the future state. This ensures the selected system supports real operational requirements rather than generic functionality. Our needs assessment includes: • Discovery meetings with HR, Payroll, Finance, IT, and operational stakeholders • Mapping of current workflows and decision points • Review of compliance requirements across wage and hour, I-9, E-Verify, benefits, and reporting • Inventory of current systems, add-ons, integrations, and manual workarounds • Identification of functional goals for automation, accuracy, scalability, and user experience • Prioritization of must-have and optional requirements to guide vendor evaluation The City noted that process documentation does not yet exist. Peoplyst will build this documentation, creating the reference point required for future-state design and vendor selection. Stakeholder engagement is central to the method. Peoplyst communicates early and often with both executive sponsors and frontline users to ensure the system is aligned with operational needs. Engagement includes: • Interviews and surveys to clarify use cases • Cross-functional working sessions to validate workflows and approval chains • Visual process maps to enable fast alignment • Documentation that ties each requirement to a role, compliance need, or business process • Executive briefings that support informed decision making This reduces friction during implementation and improves adoption. © 2025 Peoplyst, LLC – All Rights Reserved Confidential and Proprietary Page 9 of 17 Peoplyst Jacksonville, FL (904) 404-5434 www.peoplyst.com 3.2 Vendor Evaluation Framework Peoplyst uses an objective and structured vendor evaluation process. This ensures the selected HRIS fits the City’s operating environment, technical footprint, compliance needs, and long-term goals. Our framework includes: • A weighted criteria matrix based on the needs assessment • Demonstration scripts tied to real City scenarios rather than generic product tours • Vendor questionnaires on configuration options, integration methods, and reporting • Scoring criteria for usability, automation, reporting, workflows, and configurability • Total cost of ownership analysis across contracts, licensing, implementation, and long-term support • Review of each vendor’s product roadmap and stability • Independent reference checks with similar organizations Peoplyst facilitates vendor demonstrations, organizes reviewer questions, compiles scoring, and provides a clear recommendation aligned with the City’s operational requirements. Our vendor relationships help secure favorable pricing and contract terms. They do not influence system decisions. The selection will be driven by functional fit, technical compatibility, and long-term sustainability. 3.3 Change Management Approach Peoplyst applies a practical, people-centered approach to change management. The method aligns with organizations that do not maintain a formal change management function. Change support includes: • Clear messaging on the purpose of the HRIS transition and expected improvements • Early involvement of system champions from HR, Payroll, and operational departments • Communication plans aligned with milestones and decision points • Templates and guidance for staff and manager communications • Support for policy updates, workflow changes, and documentation • Executive alignment to reduce uncertainty and accelerate decisions This ensures organizational readiness grows alongside system readiness. © 2025 Peoplyst, LLC – All Rights Reserved Confidential and Proprietary Page 10 of 17 Peoplyst Jacksonville, FL (904) 404-5434 www.peoplyst.com 3.4 Testing Strategy Peoplyst uses a multi-phase testing structure that validates configuration, data accuracy, integrations, and workflow behavior. Testing includes: • Unit Testing: Verifies configuration rules, workflows, and field behavior • Integration Testing: Confirms data movement across payroll, benefits, ATS, and other systems • User Acceptance Testing: Scripted scenarios for hires, job changes, separations, time entry, and payroll • Parallel Testing: Compares legacy payroll outcomes with new system outputs Peoplyst coordinates testing timelines, manages issue logs, drives resolution, and ensures all responsible teams verify their respective areas. This confirms the system performs reliably before go-live. 3.5 Training and Knowledge Transfer Training is structured in layers so that HR, Payroll, managers, and employees each receive guidance aligned with their responsibilities. Peoplyst training includes: • Early training for HR and Payroll to build confidence in the system • Manager training focused on approvals, scheduling, timekeeping, and personnel actions • Employee training using short guides, step-by-step instructions, and recorded sessions • Documentation libraries that remain available after go-live • Support for onboarding new employees after launch The goal is to build the City’s internal capability to maintain the system without relying heavily on external support. 3.6 Go-Live and Post-Go-Live Support Peoplyst prepares a clear cutover plan that outlines tasks, ownership, and escalation paths. During go-live and stabilization, the team provides hands-on support to City staff. This includes: • Real-time troubleshooting • Daily check-ins during the first weeks © 2025 Peoplyst, LLC – All Rights Reserved Confidential and Proprietary Page 11 of 17 Peoplyst Jacksonville, FL (904) 404-5434 www.peoplyst.com • Review of the first payroll cycle • Validation of onboarding, timekeeping, benefits, and approvals • Workflow adjustments based on user feedback • A structured hypercare period sized to the City’s needs This ensures the system performs reliably during the critical first cycles. 3.7 Communication Cadence Peoplyst maintains a predictable, transparent communication rhythm throughout the engagement. The cadence includes: • Weekly project meetings with HR, Payroll, and IT • Biweekly updates for executive leadership • Updated issue logs and action trackers • Written summaries after each session • Milestone reviews at configuration, testing, training, and go-live • Optional office hours for managers and power users during testing and early adoption This keeps City leadership informed, aligned, and confident in project progress from discovery through implementation. 4. Project Team Peoplyst assigns experienced consultants who bring strong HRIS, HR operations, and organizational expertise. The structure ensures coverage across HR, payroll, benefits, data, integrations, and project governance. Peoplyst will maintain continuity of personnel throughout the project, and no core work will be subcontracted. 4.1 Team Structure The project team for the City of Dania Beach will include: • Project Executive, responsible for oversight, alignment with project goals, and executive-level guidance • Lead Consultant, responsible for daily project direction, requirements development, vendor evaluation, configuration oversight, testing leadership, training coordination, and go-live support • Data and Workflow Specialist, supporting documentation, testing, reporting, and migration planning • Additional Peoplyst resources as needed for HR, payroll, benefits, and integration work © 2025 Peoplyst, LLC – All Rights Reserved Confidential and Proprietary Page 12 of 17 Peoplyst Jacksonville, FL (904) 404-5434 www.peoplyst.com This structure keeps the project moving without requiring more internal time from City staff than necessary. 4.2 Key Personnel Bios Bryan Howard, Project Executive Bryan is the CEO of Peoplyst and brings more than twenty years of experience leading HR, IT, and operational improvement projects. His work includes HRIS evaluations and implementations, organizational redesigns, leadership development programs, and cross-functional initiatives for public agencies, universities, and private employers. Bryan provides governance support and ensures alignment between project decisions and the City’s operational objectives. He is available throughout the engagement for milestone reviews, executive briefings, and strategic guidance. Tearle Johnson, Senior Director of People Operations and Lead Consultant Tearle will serve as the primary consultant and day-to-day lead for the Dania Beach HRIS project. He brings over two decades of HR technology and HR operations experience and has guided organizations through system transitions, integrations, workflow redesign, and operational optimization. Tearle’s experience spans Paylocity, ADP, Workday education modules, UKG, SAP-based systems, Oracle Fusion, BambooHR, Ceridian Dayforce, and related platforms. He has supported HR technology initiatives for multinational companies and multi-state employers and has directed efforts for government and tribal organizations that require structured processes, strong documentation, and clear accountability. Tearle played a central role in Peoplyst’s work with Hana Group USA, a 1,006-employee organization operating across 34 states, where he led the diagnostic, vendor evaluation, configuration oversight, testing management, and implementation tasks that eliminated compliance failures and stabilized reporting. That experience informs the method he will use to guide the City through its first-generation HRIS transition. Tearle’s responsibilities for Dania Beach include: • Leading discovery and requirements development • Building and managing the HRIS vendor evaluation process • Overseeing configuration review and integration planning • Managing test cycles and validating accuracy © 2025 Peoplyst, LLC – All Rights Reserved Confidential and Proprietary Page 13 of 17 Peoplyst Jacksonville, FL (904) 404-5434 www.peoplyst.com • Coordinating training and knowledge transfer • Guiding go-live readiness and stabilization His experience ensures the City receives a senior-level practitioner capable of interpreting complex requirements, managing vendor communication, and delivering a steady, predictable implementation. Additional Peoplyst Resources Peoplyst maintains a team of consultants with experience in HR operations, payroll, benefits, data validation, change support, and project documentation. These resources can be brought into the project as needed for testing cycles, reporting work, workflow mapping, and training coordination. All responsibilities remain under the direction of the assigned Project Executive and Lead Consultant. 4.3 Personnel Continuity Plan Peoplyst assigns core project personnel for the duration of the engagement. Responsibility does not change without agreement from the City. Backup coverage is available when needed, but the structure ensures consistency across requirements gathering, vendor evaluation, configuration review, testing, training, and go-live. 4.4 Subcontractor Use Peoplyst does not subcontract HRIS consulting work. All services will be performed by Peoplyst employees. The City will have direct access to the full team and a single accountable partner for all deliverables. 5. Financial Stability (submitted separately) Peoplyst will provide financial stability documentation under separate cover as required by the RFP. 6. Litigation History Peoplyst has not been involved in any lawsuits or legal proceedings within the past ten years. There are no pending claims, past disputes, or legal actions that would affect Peoplyst’s ability to perform the services required in this RFP. © 2025 Peoplyst, LLC – All Rights Reserved Confidential and Proprietary Page 14 of 17 Peoplyst Jacksonville, FL (904) 404-5434 www.peoplyst.com 7. Cost Proposal Peoplyst uses a clear and predictable cost structure that reflects the workflow of a first-generation HRIS project. The pricing separates discovery, vendor selection, implementation, and change management. All fees are fully burdened. Travel is billed only when the City requests in-person work. 7.1 Cost Breakdown by Phase Phase I: Discovery and Needs Assessment — $14,500 (fourteen thousand five hundred dollars) Stakeholder interviews, current-state documentation, workflow mapping, reporting and compliance review, data and integration inventory, and requirements development. Phase II: HRIS Strategy and Vendor Selection — $11,500 (eleven thousand five hundred dollars) Vendor outreach, demonstration coordination, scoring framework, pricing comparison, and final selection support. Phase III: Implementation Support — $31,000 (thirty-one thousand dollars) Configuration review, testing oversight, integration planning, data validation support, training coordination, and go-live readiness. Phase IV: Change Management and Training — $11,000 (eleven thousand dollars) Targeted communication, role-based training materials, manager and employee guidance, and early adoption support. Total Fixed Fee: $68,000 (sixty-eight thousand dollars) 7.2 Hourly Rates Role Hourly Rate Lead Consultant $201 (two hundred and one dollars) Senior HRIS Analyst $165 (one hundred and sixty-five dollars) Project Coordinator $90 (ninety dollars) Rates remain valid for the duration of the project. © 2025 Peoplyst, LLC – All Rights Reserved Confidential and Proprietary Page 15 of 17 Peoplyst Jacksonville, FL (904) 404-5434 www.peoplyst.com 7.3 Milestones and Deliverables Each phase includes deliverables tied to predictable milestones. Phase 1 Deliverables: • Project charter and governance structure • Current-state workflow documentation • Requirements matrix • Data and integration inventory • Selection criteria Phase II Deliverables • Demonstration scripts • Scoring framework • Vendor comparison report • Pricing analysis • Recommendation summary Phase III Deliverables • Implementation roadmap • Testing plan and issue log • Data validation checklists • Integration blueprint • Go-live readiness plan Phase IV Deliverables • Communication plan • Training materials and reference guides • Manager and employee support resources • Early adoption review 7.4 Additional Costs Peoplyst charges only for the following when requested by the City: • Travel for on-site sessions, billed at actual cost (no markup) • Third-party tools chosen by the City © 2025 Peoplyst, LLC – All Rights Reserved Confidential and Proprietary Page 16 of 17 Peoplyst Jacksonville, FL (904) 404-5434 www.peoplyst.com • Optional extended support estimated at $9,000 to $12,500 (nine thousand to twelve thousand five hundred dollars) No other fees apply. 8. References Hana Group USA Contact: April Legere, Vice President of Human Resources Phone: 817-994-3486 Email: a.legere@hanagroup.us Services Provided: Tiered training curriculum (basic through advanced), safety modules, system training, and HRIS implementation adoption tools for a national food-retail organization. Town of Deer Trail, Colorado Contact: Robert Rhodes, Town Trustee Phone: (720) 982-7259 Email: robert.rhodes67@gmail.com Services Provided: Multi-phase workload analysis, job classification review, and ongoing executive coaching. Work supported staffing decisions and operational alignment across municipal departments. Grand Traverse Band of Ottawa and Chippewa Indians (Michigan) Contact: Kimberly McClellan, Tribal Manager Phone: (231) 534-7136 Email: kimberly.mcclellan@gtb-nsn.gov Services Provided: Leadership reorganization plan for a 300-employee tribal government. Deliverables included structural recommendations, reporting alignment, and implementation tools. Duke University – Biology Department Contact: Mai Nguyen, Administrative Director Phone: (919) 684-8111 Email: mai.p.nguyen@duke.edu Services Provided: Organizational restructure assessment including workflow analysis, leadership alignment, and revised reporting structures. © 2025 Peoplyst, LLC – All Rights Reserved Confidential and Proprietary Page 17 of 17 Peoplyst Jacksonville, FL (904) 404-5434 www.peoplyst.com First Onsite Property Restoration Contact: Leah Pearson, Senior HR Leader Phone: 613-404-1991 Email: lpearson@firstonsite.ca Services Provided: Designed and delivered onboarding redesign, multilingual training, performance management modules, and system adoption tools across a multi-site workforce. Note – A penalty is imposed for failure to keep this receipt exhibited conspicuously at your place of business. This business tax receipt is furnished pursuant to Municipal Ordinance Code, Chapters 770-772, for the period through . COUNTY TAX: MUNICIPAL TAX: COUNTY LATE PENALTY: MUNICIPAL LATE PENALTY: TOTAL TAX: VALID UNTIL ***ATTENTION*** THIS RECEIPT IS FOR BUSINESS TAX RECEIPT ONLY. CERTAIN BUSINESSES MAY REQUIRE ADDITIONAL STATE LICENSING. This is a business tax receipt only. It does not permit the receipt holder to violate any existing regulatory or zoning laws of the County or City. It does not exempt the receipt holder from any other license or permit required by law. This is not a certification of the receipt holder's qualifications. THIS BECOMES A RECEIPT AFTER VALIDATION. JIM OVERTON, TAX COLLECTOR -LOCAL BUSINESS TAX RECEIPT JIM OVERTON, DUVAL COUNTY TAX COLLECTOR 231 E. Forsyth Street, Suite 130, Jacksonville, FL 32202-3370 Phone: (904) 255-5700, option 3 Fax: (904) 255-8403 https://taxcollector.coj.net/ ACCOUNT NUMBER: BUSINESS NAME: PHYSICAL ADDRESS: CLASSIFICATION CODE: STATE LICENSE NO: $ - 312878 162.50 100.00 8363 HIGHGATE DR JACKSONVILLE, FL 32216 7.50 2023 2023 September 30, 2024 September 30, 2024 CONSULTANT Paid RENEWAL 162.50 325007 25.00 MERCURY PERFORMANCE GROUP LLC MERCURY PERFORMANCE GROUP LLC 8363 HIGHGATE DR JACKSONVILLE, FL 32216 TAX-26-00308327 October 01, 2023 30.00 2024 2024 04/14/2025 Note – A penalty is imposed for failure to keep this receipt exhibited conspicuously at your place of business. This business tax receipt is furnished pursuant to Municipal Ordinance Code, Chapters 770-772, for the period through . COUNTY TAX: MUNICIPAL TAX: COUNTY LATE PENALTY: MUNICIPAL LATE PENALTY: TOTAL TAX: VALID UNTIL ***ATTENTION*** THIS RECEIPT IS FOR BUSINESS TAX RECEIPT ONLY. CERTAIN BUSINESSES MAY REQUIRE ADDITIONAL STATE LICENSING. This is a business tax receipt only. It does not permit the receipt holder to violate any existing regulatory or zoning laws of the County or City. It does not exempt the receipt holder from any other license or permit required by law. This is not a certification of the receipt holder's qualifications. THIS BECOMES A RECEIPT AFTER VALIDATION. JIM OVERTON, TAX COLLECTOR -LOCAL BUSINESS TAX RECEIPT JIM OVERTON, DUVAL COUNTY TAX COLLECTOR 231 E. Forsyth Street, Suite 130, Jacksonville, FL 32202-3370 Phone: (904) 255-5700, option 3 Fax: (904) 255-8403 https://taxcollector.coj.net/ ACCOUNT NUMBER: BUSINESS NAME: PHYSICAL ADDRESS: CLASSIFICATION CODE: STATE LICENSE NO: $ - 312878 162.50 100.00 8363 HIGHGATE DR JACKSONVILLE, FL 32216 7.50 2024 2024 September 30, 2025 September 30, 2025 CONSULTANT Paid RENEWAL 162.50 325007 25.00 MERCURY PERFORMANCE GROUP LLC MERCURY PERFORMANCE GROUP LLC 8363 HIGHGATE DR JACKSONVILLE, FL 32216 TAX-26-00308327 October 01, 2024 30.00 2025 2025 04/14/2025 Bryan Howard CEO, Peoplyst | HR Leader | Workforce Strategist | 904-404-5434 Executive Summary Proven HR executive with 20+ years of experience solving people problems and driving workforce transformation. Expertise spans the full HR lifecycle: talent acquisition, leadership development, compliance, HR technology, and organizational change. Extensive track record implementing scalable systems, optimizing people processes, and aligning workforce strategy with business growth. Trusted advisor to organizations ranging from startups to Fortune 50 firms. Core Competencies • Talent Acquisition & Workforce Planning • HR Technology Implementation & Optimization • Compliance & Risk Management • Leadership Development & Workforce Training • Organizational Design & Change Management • Employee Engagement & Culture Transformation • Performance Management Systems • Technical Training & Instructional Design Professional Experience Peoplyst – Jacksonville, FL Chief Executive Officer (2019–Present) - Lead strategy and delivery of HR solutions across talent acquisition, leadership, compliance, technology, and workforce performance. - Advise clients on HR technology selection, implementation, and integration. - Develop scalable frameworks for employee engagement, retention, and leadership accountability. - Author of The Vanguard Edge and keynote speaker on workforce transformation. - [Placeholder: Add bullets with Peoplyst customer engagements here.] American Challenger Development Corporation – Jacksonville, FL Chief People Officer (2021–2022) - Built HR function from the ground up, including compliance, talent acquisition, and HRIS integration. - Designed compensation strategy and benefits programs to attract top banking talent. - Managed workforce transition and wind-down with full compliance. Acosta – Jacksonville, FL SVP, Head of HR Operations & Talent Acquisition (2018–2021) - Directed global HR operations and talent acquisition for 30,000 employees. - Implemented a unified HRIS across multiple countries. - Cut cost per hire by 22% and improved global service delivery. EverBank – Jacksonville, FL VP, Talent & Organizational Development (2013–2017) - Reduced cost per hire by 42% and time to fill by 26% through hiring process improvements. - Launched leadership programs that increased promotion rates and engagement. - Oversaw diversity and inclusion initiatives and employee engagement strategy. Education M.S. Instructional Systems, Florida State University B.S. Business Administration, University of Florida Certifications - Marshall Goldsmith Stakeholder Centered Coaching Executive Coach - Global Leadership & Team Coach (GCG) - Breakthrough Coaching Practitioner - Certified Trainer: Franklin Covey, Bluepoint Leadership, NCCER - Certified Competency Expert, Korn Ferry Tearle Johnson Sr. Director of People Operations, Peoplyst | 904-670-0093 Executive Summary Senior Director of People Operations with 20+ years of experience driving HR strategy, organizational design, and operational excellence across retail, service, healthcare, and consulting. Proven success in scaling HR service delivery for global organizations, optimizing HRIS systems, and leading organizational change. Adept at balancing compliance with people centered practices, enabling leaders to achieve growth through efficient and human HR strategies. Core Competencies People Operations Strategy | HR Technology (Paylocity, Oracle HCM, Workday, SAP) | Organizational Design | Compliance & Risk Mitigation | Service Delivery | Change Management | Workforce Planning | Vendor Management | Executive Advisory Professional Experience Senior Director of People Operations | Peoplyst | Mar 2023 - Present - Lead HR strategy consulting for hospitality, food service, and tribal governance clients. - Hana Group: Conducted an in-depth payroll and HR compliance project that included improvements to People, Processes, and Technology to correct long-term compliance problems. Played a critical central role in the implementation of the full suite of Paylocity HRIS. Provided strategic and tactical consulting on many areas for the client, including Learning, Onboarding, Talent Acquisition, Core HR, and Paylocity- based vacation accrual and payout systems; piloted ServSafe certification tracking; resolved many state- specific compliance issues (i.e. CA accrual cap). - Grand Traverse Band of Ottawa & Chippewa Indians (GTB): Conducted organizational assessment; advised on reorganization efforts with attention to opportunities and risks; developed structural recommendations and cross-department collaboration opportunities. - Supported Peoplyst thought leadership via webinars, long-form articles, and LinkedIn insights, positioning the firm as a people-operations innovation partner. HR Director, Service Delivery | Acosta Sales & Marketing | Nov 2017 – Mar 2023 - Directed HR operations and employee service delivery for 30,000+ associates. - Oversaw onboarding, HR data management, payroll, benefits, and associate relations. - Expanded role in M&A integration, ensuring seamless HR service delivery. - Key driver of HR Ops communications, quality assurance, and employee support. HR Operations Manager | Acosta | Oct 2016 – Sep 2019 - Managed HR operations across the U.S. and Canada. - Implemented a tiered service delivery model, scalable and financially sustainable. - Led 2018 HR, time, and payroll system conversions to new cloud platforms. - Developed analytics to measure HR service delivery and improve employee experience. Business Strategy Analyst | NGA Human Resources (Alight) | May 2014 – Oct 2016 - Supported Fortune 200 HR outsourcing project covering 11,000+ employees in the U.S. and Puerto Rico. - Managed Tier 1 & Tier 2 teams across HR functions, including recruiting, onboarding, learning, performance, and payroll. - Served as principal SME and client contact for U.S. operations, aligning global delivery with North American standards. - Led process improvements using Lean Six Sigma and trained new hires on systems and HR processes. HR Representative | NGA Human Resources | Oct 2012 – Oct 2016 - Supported global OM project for Fortune 500 clients, creating models for multi-country HR processes. - Provided Tier 2 support for payroll, benefits, and organizational management. - Acted as inbound HR contact for Florida state employees as part of the PeopleFirst project. __________________________________________________________________________________________________ Leadership & Community - Contributor: HR Tech, HRIS, and People Strategy insights (Peoplyst, LinkedIn). - Mentor and advisor to early-stage HR professionals. ACKNOWLEDGMENT OF ADDENDA The Proposer acknowledges the receipt of the following addenda issued by the City and incorporated into and made part of the RFP. In the event the Proposer fails to include any such addenda in the table below, submission of this form shall constitute acknowledgment of receipt of all addenda, whether or not received by the Proposer. ADDENDUM NUMBER DATE RECEIVED PRINT NAME TITLE SIGNATURE (BLUE INK ONLY) 05/05/2025 Insurance Time of Bradenton, Inc. 802 6th Avenue West P. O. Box 359 Bradenton FL 34205 Katie Howard (941) 746-5151 (941) 745-1401 commercial@insurancetime.org PEOPLYST LLC 121 W Forsyth Ave Suite 620 Jacksonville FL 32202 United States Liabililty Insurance Co 25895 COI 25-26 A SP1581409 05/01/2025 05/01/2026 1,000,000 300,000 10,000 1,000,000 2,000,000 Included A Errors and Omissions SP1581409 05/01/2025 05/01/2026 Errors & Omissions $1,000,000 PEOPLYST LLC 121 W Forsythe Ave Suite 620 Jacksonville FL 32202 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY City of Dania Beach Human Resources Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Candido Sosa-Cruz, ICMA-CM, City Manager VIA: Linda Gonzalez, SPHR, SHRM-SCP, PSHRM-SCP, Chief Human Resources Officer SUBJECT: FY 2026-27 Property and Casualty Insurance Package Renewal Request: The City Administration requests adoption of a Resolution authorizing the purchase of a Property and Casualty Insurance Package renewal for Fiscal Year 2026-27. Background: The Human Resources/Risk Management Department and Brown & Brown, our insurance broker, successfully negotiated a 13% property insurance program rate reduction for the City. This rate decrease significantly offset the reduce premium increase due to the 14M increase in assets. Each year, the City carefully evaluates its insurance program to ensure that our residents, employees, and assets remain well protected. Working with our long-standing insurance partner, Risk Management Associates, Inc., a subsidiary of Brown & Brown, Inc. (“B&B”), the Human Resources and Risk Management Department conducted a comprehensive review of: • City property schedules and insured values, • Claims and loss history across all coverage lines, and • Current market trends. This review supports the renewal of an insurance package tailored to the City’s unique needs. A detailed comparison of premiums and coverage is attached for reference. Based on this comprehensive review, the City Administration is proposing this insurance package for FY 2026-27. Key Highlights • Stabilized Property Market: The property insurance market has continued to improve from the hard market of recent years. The City’s property rate has decreased by 13%. Even with the significant increase of $14M in assets, (primarily due to the new CW Thomas Park and I.T. Parker Community Center renovation, etc.), our premium costs only increased 4.5%. • Stabilized Property Market (Cont’d) Several policy coverage level limits were increased with this renewal with no additional premium costs to the City. For example: o Errors & Omissions limit increased from $250,000 to $500,000 o Cyber Liability limits were more than doubled (limits not subject to public record) o Spoilage limits were increased • Modest Liability Adjustments: General liability, workers’ compensation, and automobile premiums experienced modest increases, reflecting prior claims history, employee growth, and fleet upgrades. These adjustments are consistent with broader market trends. Value Added Services with Brown & Brown (B&B) B&B has been a trusted insurance partner to the City. B&B provides ongoing Risk Management support, intended to control claim activity and transfer risk and the specific services provided by the B&B Team are as follows: • 4-star rating from Stewardship Report for value and savings associated with TIPS Safety Grant program, Vector Solutions and Streamery online training platforms, Risk Management Resource Center (HR/Cyber/ADA Compliance), and Property Appraisal; $47,053 value • Senior Loss Control Consultant providing direct support for claims control objectives - including training and development of the Safety & Health Committee (Eagle Wise). • Claims Advocacy for liability, workers’ compensation, and property claims. • Quarterly Liability and Workers’ Compensation Claims Reviews • Participation and presentation for Quarterly Safety & Health Meetings • General Risk Management support including risk exposure analysis and risk transfer strategies via insurance, safety protocols, and third party risk transfer. • COI Compliance Team – Assist Risk Management with daily Certificate of Insurance (COI) reviews and Operational contract insurance recommendations. Includes initial training and communication with all City Departments. The City’s Safety& Health Committee has utilized these and other resources to maintain a “best in class” status in risk management and safety objectives. In summary, the City Administration recommends renewal of the insurance program and continuance of the relationship with Brown & Brown. Budgetary Impact Due to the significant increase in assets, the City’s fiscal year 2026-27 insurance cost will increase by $115,945 or 4.56% for a total premium of $2,659,321. Recommendation Adopt the Resolution authorizing the purchase of a Property and Casualty Insurance Package Renewal program for Fiscal Year 2026-27. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE RENEWAL OF THE PROPERTY & CASUALTY INSURANCE PROGRAM FOR THE CITY THROUGH RISK MANAGEMENT ASSOCIATES, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS, WHICH INSURANCE PACKAGE SHALL INCLUDE COVERAGE FOR PROPERTY, CRIME, LIABILITY, WORKERS’ COMPENSATION, AND OTHER COVERAGES, INCLUDING THE NATIONAL FLOOD INSURANCE PROGRAM (“NFIP”), FOR A COMBINED ANNUAL PREMIUM AMOUNT OF TWO MILLION SIX HUNDRED FIFTY‑NINE THOUSAND THREE HUNDRED TWENTY‑ONE DOLLARS ($2,659,321.00) FOR COVERAGE BEGINNING OCTOBER 1, 2026, THROUGH SEPTEMBER 30, 2027; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, “Monetary thresholds for certain purchases and payment disbursement authorizations”, Subsection (a), sets the monetary threshold or limitation at $50,000.00; and the City of Dania Beach (the “City”) currently obtains its Property & Casualty coverage (the “Coverage”) through Risk Management Associates, Inc., a wholly owned subsidiary of Brown & Brown, Inc. (“B&B”); and B&B is responsive and provides guidance to the City relating to loss control, claims handling, risk management and liability concerns on major contractual agreements, special events programming, construction projects, appropriate vendor insurance requirements, and bid specifications; and the City Administration recommends that the City Commission waive competitive bidding and authorize renewal of Coverage through Preferred Governmental Insurance Trust (“PGIT”) and other associated insurers through B&B for Fiscal Year 2026-27; and upon adoption of this Resolution, the City will obtain insurance coverages and services, as outlined in "Exhibit A", and is made a part of and incorporated into this Resolution by this reference, which approval of coverage will authorize any and all premium adjustments to be made by the City Manager during the fiscal year, as may be necessary to properly protect the City and its assets. 2 RESOLUTION #2026-______ Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission approves the renewal of the City’s Property & Casualty coverage through Risk Management Associates, Inc., a wholly owned subsidiary of Brown & Brown, Inc. (“B&B”), for FY 2026-27 for a combined annual premium amount of Two Million Six Hundred Fifty-Nine Thousand Three Hundred Twenty-One Dollars ($2,659,321.00) for coverage beginning October 1, 2026, through September 30, 2027. Section 3. That the cost of the Coverage has increased due to changes in City’s risk exposures such as increases in property values, audited payrolls, vehicles, equipment, and real property inventory, is planned, appropriated and has been made available through appropriate allocations to various City Funds in the proposed Fiscal Year 2026-2027 budget. Section 4. That the cost for coverage shall exceed the Fifty Thousand Dollars ($50,000.00) annual vendor threshold, and the City Commission hereby waives the competitive procurement requirements relating to the renewal of its Property & Casualty Insurance Package with Preferred Governmental Insurance Trust (PGIT) and other associated insurers through B&B for Fiscal Year 2026-27. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be effective immediately after passage and adoption.. PASSED AND ADOPTED on __________________, 2026. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ SIGNATURES ON THE FOLLOWING PAGE 3 RESOLUTION #2026-______ ATTEST: Exhibit A – FY 2026-27 Property and Casualty Insurance Package Renewal Covered Party: Effective Date: Version Date: LIMIT ANNUAL PREMIUM LIMIT ANNUAL PREMIUM 67,273,693$ 868,113$ 81,470,861$ 910,449$ 67,273,693$ 81,470,861$ 3,000,000$ 3,000,000$ 64,922,993$ 81,470,861$ 500,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 250,000$ 500,000$ 1,000,000$ 1,000,000$ Included in Blanket 27,926$ Included in Blanket 22,576$ 1,886,818$ 2,068,495$ Included in Blanket Included in Blanket Included in Blanket Included in Blanket 270,000$ 270,000$ 120,000$ 120,000$ 50,000$ 50,000$ Included in Blanket Included in Blanket 32,000$ Not Covered 652,683$ 1,000,000$ 896,039$ 933,025$ 500,000$ 1,777$ 500,000$ 1,777$ 500,000$ 500,000$ 500,000$ 500,000$ 500,000$ 500,000$ 1,777$ 1,777$ 1,000,000$ 470,859$ 1,000,000$ 499,824$ 1,000,000$ Included 1,000,000$ Included 1,000,000$ Included 1,000,000$ Included 470,859$ 499,824$ COVERAGE AND PREMIUM COMPARISON LINE OF COVERAGE DEDUCTIBLE Deductible PGIT PACKAGE POLICY (Property, Inland Marine, Crime, General Liability, Auto, POL/EPLI) City of Dania Beach 10/1/2026 8/19/2026 FY 2025/2026 FY 2026/2027 Excess Flood 10,000$ 10,000$ Property: Preferred Governmental Ins Trust Buildings & Contents - Blanket 10,000$ 10,000$ Named Windstorm 5% / $35,000 Minimun 5% / $35,000 Minimun Accounts Receivable 10,000$ 10,000$ Equipment Breakdown 10,000$ 10,000$ 10,000$ Demolition & Increased Cost of Construction 10,000$ 10,000$ Inland Marine (Equipment): Additional Expense 10,000$ 10,000$ Business Income 10,000$ 10,000$ Errors & Omissions 10,000$ Communications Equipment 2,500$ 2,500$ Mobile Equipment 2,500$ 2,500$ Electronic Data Processing 2,500$ Other Inland Marine 2,500$ 2,500$ Rented Borrowed Leased Equipment 2,500$ 2,500$ 2,500$ Emergency Services Portable Equip 2,500$ 2,500$ Fine Arts 2,500$ 2,500$ Valuable Papers 2,500$ 2,500$ Watercraft 2,500$ 2,500$ Sub-Total Sub-Total Crime: Preferred Governmental Ins Trust Employee Dishonesty 1,000$ 1,000$ Blanket Unscheduled Inland Marine 2,500$ 2,500$ Forgery/Alterations 1,000$ 1,000$ Sub-Total Sub-Total Theft, Disappearance & Destruction In/Out 1,000$ 1,000$ Computer Fraud including Funds Transfer 1,000$ 1,000$ General Liability: Preferred Governmental Ins Trust General Liability -$ -$ Employee Benefits -$ -$ Sub-Total Sub-Total Deadly Weapon -$ -$ Page 1 of 3 Exhibit A – FY 2026-27 Property and Casualty Insurance Package Renewal Covered Party: Effective Date: Version Date: LIMIT ANNUAL PREMIUM LIMIT ANNUAL PREMIUM COVERAGE AND PREMIUM COMPARISON LINE OF COVERAGE DEDUCTIBLE Deductible PGIT PACKAGE POLICY (Property, Inland Marine, Crime, General Liability, Auto, POL/EPLI) City of Dania Beach 10/1/2026 8/19/2026 FY 2025/2026 FY 2026/2027 1,000,000$ 89,276$ 1,000,000$ 106,522$ Rejected Rejected AV over $100,000 56,019$ AV over $100,000 67,407$ 35,000$ 35,000$ None None 145,295$ 173,929$ 1,000,000$ 237,832$ 1,000,000$ 254,186$ 1,000,000$ Included 1,000,000$ Included 10,353$ 11,389$ 248,185$ 265,575$ Statutory 311,165$ Statutory 321,541$ $1m/$1m/$1m Included $1m/$1m/$1m Included 311,165$ 321,541$ 2,073,320$ 2,195,671$ $1,000,000/$2,000,000 18,213$ $1,000,000/$2,000,000 18,603$ 364$ 930$ 18,577$ 19,533$ Westchester - New Writing Paper Storage Tank Liability $1,000,000/$4,000,000 2,066$ $1,000,000/$4,000,000 TRIA Terrorism Declined Optional 21$ N/A 2,087$ 3,000$ 4,000,000$ 350,000$ 4,000,000$ 332,500$ 800,000$ Included 800,000$ Included *"CAT" Perils Include: *"CAT" Perils Include: Continuity Credit 350,000$ 332,500$ Automobile: Collision 1,000$ 1,000$ Hired Physical Damage 1,000$ 1,000$ Preferred Governmental Ins Trust Auto Liability -$ -$ Uninsured Motorist N/A N/A Sub-Total Sub-Total Public Officials Liability: Medical Payments Sub-Total Sub-Total Preferred Governmental Ins Trust Public Officials Liability 10,000$ 10,000$ Employment Practices Liability 10,000$ 10,000$ Workers' Compensation: Preferred Governmental Ins Trust 10/1/25 Experience Mod: 1.26 (17% Increase) 10/1/26 Experience Mod: 1.31 (4% Increase) Cyber/Privacy Liability Coverage Details Exempt from Publc Record Per HB 7057 Coverage Details Exempt from Publc Record Per HB 7057 Workers' Compensation -$ -$ Package & WC Subtotal Premises & Tank Pollution Liability: Employers Liability -$ -$ Illinois Union Insurance Company (Revised quote 8/29/25) Pollution 25,000$ 25,000$ Sub-Total Sub-Total TRIA Terrorism Sub-Total Sub-Total FIGA FIGA Sub-Total Estimated Premium Fuel Storage Tank Pollution: (Billed, premium due 20 days prior to 10/1 expiration)Pending Quote - Billing Separate Commerce & Industry 5,000$ 5,000$ Marina Docks $50,000 / CAT* 10%-$480K $50,000 / CAT* 10%-$480K Business Interruption 5 Days AOP/21 Days CAT*5 Days AOP/21 Days CAT* Dock Property: Lloyd's/Markel oneglobal Marine Marina/Dock Property trended See Proposal incl EQ, NWS, Flood, Storm Surge, Tsunami. et al See Proposal incl EQ, NWS, Flood, Storm Surge, Tsunami. et al 10% after policy expires subject to Loss Ratio below 65% 10% after policy expires subject to Loss Ratio below 65% Sub-Total Sub-Total Page 2 of 3 Exhibit A – FY 2026-27 Property and Casualty Insurance Package Renewal Covered Party: Effective Date: Version Date: LIMIT ANNUAL PREMIUM LIMIT ANNUAL PREMIUM COVERAGE AND PREMIUM COMPARISON LINE OF COVERAGE DEDUCTIBLE Deductible PGIT PACKAGE POLICY (Property, Inland Marine, Crime, General Liability, Auto, POL/EPLI) City of Dania Beach 10/1/2026 8/19/2026 FY 2025/2026 FY 2026/2027 3,000,000$ 7,188$ 3,000,000$ 7,188$ 3,000,000$ 3,000,000$ -$ -$ 150$ 150$ 7,338$ 7,338$ 1,000,000$ 1,575$ 1,000,000$ 1,622$ 2,000,000$ 2,000,000$ Included Included 250$ 250$ 1,825$ 1,872$ 2,453,147$ 2,559,914$ Other Policies (not 10/1 effective dates) NFIP Flood (9/26, 10/3, 10/4, 11/13)53,118$ 61,086$ 1,809$ 1,989$ 3,810$ 4,191$ 1,650$ 1,815$ 683$ 751$ 2,700$ 2,970$ 999$ 1,099$ 2,110$ 2,320$ 2,518,375$ 2,634,321$ 25,000$ COI Compliance Team Annual Fee 25,000$ 2,543,375$ Total with COI Compliance Team Fee 2,659,321$ 115,946$ 4.56% Each Occurrence 1,000$ 1,000$ General Aggregate FP&L General Liability (pump station): Evanston Insurance Company Sub-Total Sub-Total BSO General Liability (Dania Point): TRIA Terrorism Inspection Fee Inspection Fee Policy Fee Policy Fee General Aggregate TRIA Terrorism Kinsale Insurance Company Each Occurrence 1,000$ 1,000$ Policy Fees Policy Fees Sub-Total Sub-Total Current Premiums @ 8/4/26 Estimated 26-27 renewals - 15% increase Sports Insurance - Basketball Effective 2/12/2026 - 2/12/2027 Estimated 2027 renewal - 10% increase TOTAL PREMIUMS EFFECTIVE 10/1 Total Premiums Sports Insurance - Tball Effective 5/2/2026 - 5/2/2027 Estimated 2027 renewal - 10% increase Wave Runners - Hull Coverage Effective 5/29/26 - 5/29/2027 Estimated 2027 renewal - 10% increase Work Boat - Hull Coverage Effective 3/18/2026 - 3/18/2027 Estimated 2027 renewal - 10% increase Casino Parking Lot General Liability Effective 4/1/2026 - 4/1/2027 Estimated 2027 renewal - 10% increase TOTAL ALL PREMIUMS Total Premiums Difference Sports Insurance - Adult Kickball Effective 7/2/2026 - 7/2/2027 Estimated 2027 renewal - 10% increase Sports Insurance - Youth Football/Cheer Effective 7/9/2026 - 7/9/2027 Estimated 2027 renewal - 10% increase Page 3 of 3 Exhibit A – FY 2026-27 Property and Casualty Insurance Package Renewal Services Overview 1 About Brown & Brown In 1939, Brown & Brown started as a small, two-partner firm in Daytona Beach, Florida with a bold vision centered around relationships. While this vision has propelled us to grow into one of the world’s largest insurance brokerages, our foundation remains the same: a commitment to trust, resilience, teamwork and delivering results for our customers. Our strength is in our people. With deep local connections and the resources of a global leader, we take an agile, forward-thinking approach to risk. Whether our customers are expanding, evolving or facing new challenges, we build solutions that help protect what they value most. Risk Management Associates, Inc. dba Brown & Brown Public Sector is our dedicated public entity division, offering a highly specialized unit of insurance advisors and resources focused to deliver industry-leading brokerage services to public entities in the State of Florida. We operate in Brown & Brown’s corporate headquarters in Daytona Beach, where the company has existed since 1939. The Public Sector division offers the distinct combination of a “boutique” public entity brokerage offering concierge-level service with direct access to C-Suite leadership of a large national broker. Our team provides Property & Casualty and Employee Benefits advisement and insurance services to over 400 Florida governments from Key West to the Panhandle. A partial client list includes:  City of Auburndale  City of Belleview  City of Bunnell  City of Chipley  City of Davenport  Town of Davie  City of Destin  City of Edgewater  City of Ft. Lauderdale  City of Ft. Walton Beach  Town of Highland Beach  City of Haines City  Town of Indian Shores  Town of Jupiter  Lee School District  City of Lake Worth Beach  Madison County BOCC  City of Madeira Beach  City of Marathon  City of Mary Esther  City of Mascotte  Town of Mayo  City of Mulberry  City of Miami  City of Mulberry  City of Ocala  City of Pahokee  Palm Beach County  Town of Pierson  City of Polk City  City of Punta Gorda  City of St. Cloud  City of Sweetwater  City of Tallahassee  Wakulla County  City of Westlake Our strong reputation in Florida’s public sector was built with the primary goal of empowering our governmental clients to outperform their industry peers, lower total cost of risk, and enhance risk management programs within annual budgetary constraints. Exhibit A – FY 2026-27 Property and Casualty Insurance Package Renewal Services Overview 2 Brown & Brown Public Sector - Professional Service Team Our professional service team of public risk advisors is specifically trained to deliver industry- leading services to public entities in the state of Florida. These capabilities are enhanced by our team’s commitment to serve those who serve the public. Individuals directly involved with the City include: Michelle Martin, CIC - Senior Vice President Ms. Martin is responsible to direct and implement all deliverables for this project. Michelle’s professionalism and expertise in the industry has been exemplified by her commitment to and representation of Florida governmental entities. Throughout the contract year, Michelle will oversee insurance submissions, marketing, negotiation, presentation of insurance program design, and hands-on risk management policy consulting.  30+ years’ experience includes Marketing Manager for corporate office, negotiation, and placement of alternative risk transfer mechanisms for US and European commercial and governmental business  Since 2005, sole focus on public entity program management  Insurance and self-insurance program and policy design  General and contractual Risk Management consulting  Local government financing and budgeting  Application of Public entity law (Florida Statues, procurement, court rulings, etc.)  Claims advocacy, including extensive hurricane planning and recovery experience  Informational and educational presentations to both public entities and industry organizations  SW FL PRIMA Advisory Board Member; Member of North FL RIMS Bill Wilson, MBA – Public Risk Advisor As the Account Executive and Back Up Team Leader, Bill will serve as back up to the Team Leader and Project Manager for the execution of the City’s risk management and insurance placement services. He will act as the primary contact on occasions when Ms. Martin is unavailable. Bill’s 20 years of government experience throughout Florida, and in Miami-Dade and Broward Counties, provides the City a unique consultation perspective.  Resident/office in Broward County  Active in South Florida RIMS (Risk Management Society) & South FL PRIMA  Attend Claim Reviews, Safety & Health Meetings, and other local functions  Insurance program and policy design  General Risk Management consulting and daily Q&A with clients  Local government financing and budgeting  Application of Public entity law (Florida Statues, procurement, court rulings, etc.) Exhibit A – FY 2026-27 Property and Casualty Insurance Package Renewal Services Overview 3 Brown & Brown Public Sector - Professional Service Team (Cont’d) Robin Russell, ARM-P, CISR, CSRM – Vice President / Account Executive As the Account Executive, Robin will serve as back up to Ms. Martin and Mr. Wilson for the execution of the City’s risk management and insurance placement services. She will assist in insurance submissions, marketing, negotiation, and presentation of insurance program design. Robin is involved in all aspects the City’s insurance portfolio and service delivery, assisting the team leaders on efforts to drive accuracy, timeliness, efficiency, and proactiveness of the City’s program.  20+ years’ focus on public entity programs  Insurance and self-insurance program and policy design  Specialist in large multi-layered property programs  Contractual risk transfer and vendor requirements  Certificate Review and Recommendations  General Risk Management consulting and daily Q&A with clients Melody Blake, ACSR - Senior Public Risk Specialist Our Public Risk Specialists are supported by a team environment. Ms. Blake provides daily support to our service team with her over 30 years’ industry experience. She is well versed in responding to service requests, issuing certificates of insurance, maintaining property, vehicle, and equipment schedules, claims handling as well as general requests for service. Key functions include but are not limited to:  Quote/Binder/Policy review for accuracy  Proposal/Binder/Policy delivery  Invoicing, certificates, audits and premium adjustments  Property, auto and inland marine schedule maintenance  Creation and assembly of reports, claims data and loss history summaries Jessica Conway - Public Risk Specialist Our Senior account managers are supported by a team environment. After graduating from Stetson University, Jessica joined our team in 2023 and quickly procured her licensure and other insurance-focused studies. Jessica provides support to Ms. Blake’s team and is specifically assigned the City of Dania Beach. She is point on the COI Review Team responsible for the Contract and Certificate Review portion of our services. She provides immediate response to vendor Certificate questions and has participated in training classes to City staff for contractual insurance compliance, recommendations for minimum coverage, and consideration of exceptions. She is also a direct contact for City staff with any contract questions. Due to the continued growth in the City, Brown & Brown is engaged to assist Risk Management and Legal with effective contractual risk transfer processes and procedures to adhere to the City’s Insurance Policy. A customized process has been designed to assist the City in implementation of appropriate insurance requirements for City Vendors. We provide daily Certification of Insurance (COI) reviews and operational contract insurance recommendations for new contracts. Training has been conducted with all City Departments to ensure compliance. Exhibit A – FY 2026-27 Property and Casualty Insurance Package Renewal Services Overview 4 Claims Team Exhibit A – FY 2026-27 Property and Casualty Insurance Package Renewal Services Overview 5 Loss Control and Safety Consultant Team Exhibit A – FY 2026-27 Property and Casualty Insurance Package Renewal Services Overview 6 Value-Added Services & Resources Exhibit A – FY 2026-27 Property and Casualty Insurance Package Renewal Services Overview 7 Value-Added Services & Resources (Cont’d) Exhibit A – FY 2026-27 Property and Casualty Insurance Package Renewal Services Overview 8 Value-Added Services & Resources (Cont’d) Exhibit A – FY 2026-27 Property and Casualty Insurance Package Renewal Services Overview 9 Hurricane and Property Claim Management Exhibit A – FY 2026-27 Property and Casualty Insurance Package Renewal Services Overview 10 Coverage Highlights City of Dania Beach Public Services Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Candido Sosa-Cruz, ICMA-CM, City Manager VIA: Oscar Vasquez, Public Services Director Carlos Escalante, Public Services Deputy Director SUBJECT: AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH HUURR HOMES, LLC. FOR ITB NO.26-011 “COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) YEARS 49 & 50 OASIS NEIGHBORHOOD IMPROVEMENT PROJECTS” Request: The Public Services Department (PSD) requests approval to enter into an agreement with Huurr Home, LLC for (ITB) No. 26-011, Community Development Block Grant (CDBG) Years 49 & 50 Oasis Neighborhood Improvement Projects to Huurr Homes, LLC. Background: The City of Dania Beach developed ITB No. 26-011, CDBG Years 49 & 50 Oasis Neighborhood Improvement Projects, to implement neighborhood improvements utilizing CDBG funding for Years 49 and 50. The project combines the improvements for both program years into one consolidated bid and resulting construction contract and is intended to enhance neighborhood infrastructure, pedestrian accessibility, residential driveway approaches, signage, and drainage conditions within the designated project areas. A significant component of the project is the improvement of neighborhood drainage and stormwater management through the installation of permeable brick pavers. The permeable paver system is intended to allow stormwater to infiltrate through the paved surface, reducing surface runoff and improving drainage conditions within the project areas. The City has separately procured the permeable pavers required for the CDBG-funded improvements, and these materials will be furnished by the City to Hurr Homes, LLC. The Year 49 improvements are located along SW 5th Avenue, SW 6th Avenue, SW 7th Avenue, and SW 8th Avenue between Dania Beach Boulevard and SW 1st Street. The work generally consists of the installation and replacement of concrete sidewalks, construction of paver driveway approaches, installation or replacement of signage and associated hardware, site preparation, grading, restoration, drainage improvements, and other related improvements necessary to complete the project in accordance with the Contract Documents. The Year 50 improvements are located along SW 46th Place, SW 46th Court, SW 47th Street, and SW 27th Avenue. Similar improvements are anticipated within these project areas, including concrete sidewalks, paver driveways, signage and associated elements, site preparation, grading, restoration, drainage improvements, and other related work required to meet the project specifications. The Contractor is responsible for furnishing all necessary permits, labor, supervision, materials not otherwise furnished by the City, equipment, testing, traffic control, site protection, restoration, and services necessary to complete both the Year 49 and Year 50 improvements. All work must be performed in accordance with applicable federal, state, and local regulations, CDBG program requirements, and the technical specifications and project details included in the bid documents. Because the project is federally funded through the CDBG Program, the Contract also requires compliance with applicable federal procurement and labor requirements, including required payroll documentation and other CDBG-related reporting and documentation. The Contractor is additionally responsible for coordinating and sequencing the work across both program years to ensure timely and compliant completion of the project. Budgetary Impact Funding for this project will be appropriated from the Capital Project Fund Account No. 301-39- 58-541-63-10 in the amount of $636,300.00. This amount includes $20,000.00 in allowances for Year 49, consisting of $10,000.00 for permitting and $10,000.00 for contingency, and $20,000.00 in allowances for Year 50, consisting of $10,000.00 for permitting and $10,000.00 for contingency, for a combined total of $40,000.00 in permitting and contingency allowances. Upon approval, $108,000.00 will be reappropriated from Capital Fund Account No. 301-22-04- 522-31-10 into Account No. 301-39-58-541-63-10. Recommendation PSD recommends approval to enter into an agreement with Huur Home, LLC. ITB No. 26-011 for the Community Development Block Grant (CDBG) Year 49 & 50 Oasis Neighborhood Improvement Projects in the amount of $636,300.00. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH HUURR HOMES, LLC FOR THE CONSTRUCTION OF ITB NO. 26‑011, COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) YEARS 49 & 50 OASIS NEIGHBORHOOD IMPROVEMENT PROJECTS, IN AN AMOUNT NOT TO EXCEED SIX HUNDRED THIRTY‑SIX THOUSAND THREE HUNDRED DOLLARS ($636,300.00); AUTHORIZING THE CITY TO EXCEED THE ANNUAL VENDOR PURCHASING THRESHOLD OF FIFTY THOUSAND DOLLARS ($50,000.00); PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. the City of Dania Beach is implementing the Community Development Block Grant (CDBG) Years 49 & 50 Oasis Neighborhood Improvement Projects to provide neighborhood improvements utilizing CDBG funding for Program Years 49 & 50; and the project is intended to improve neighborhood infrastructure, pedestrian accessibility, residential driveway approaches, neighborhood signage, and drainage conditions within the designated project areas; and the project includes the installation of permeable brick pavers to improve neighborhood drainage and stormwater management; and , pursuant to Resolution No, 2026-109, adopted August 25, 2026, the Commission authorized the award of ITB No. 26-011 to Huurr Homes, LLC; and the Public Services Department recommends that the City enter into an agreement, which Agreement is attached as Exhibit “A” and incorporated into this Resolution by this reference, with Huurr Homes LLC. for the construction of the CDBG Years 49 & 50 Oasis Neighborhood Improvement Projects in an amount not to exceed Six Hundred Thirty-Six Thousand Three Hundred Dollars ($636,300.00); and due to the nature of the work, the Public Services Department recommends establishing an Owner's Contingency in the amount of Twenty Thousand Dollars ($20,000.00) to address unforeseen conditions and minor changes that may arise during construction, with Ten Thousand Dollars ($10,000.00) allocated towards Year 49 and Ten Thousand Dollars ($10,000.00) allocated towards Year 50; and 2 RESOLUTION #2026-_____ WHEREAS, the Public Services Department recommends establishing an allowance of Twenty Thousand Dollars ($20,000.00) for permitting and related fees necessary to complete the project, with Ten Thousand Dollars ($10,000.00) allocated towards Year 49 and Ten Thousand Dollars ($10,000.00) allocated towards Year 50; and WHEREAS, the City has received an extension of the Community Development Block Grant (CDBG) Years 49 & 50 grant period, extending the grant deadline through December 15, 2026, to allow sufficient time for completion of the project and fulfillment of all applicable grant requirements; and WHEREAS, the City finds that entering into an agreement with Huurr Homes LLC. is in the best interest of the City and its residents and will facilitate completion of the CDBG Years 49 & 50 Oasis Neighborhood Improvement Projects; and WHEREAS, funding for the project is available through the Community Development Block Grant (CDBG) Program Years 49 and 50, together with the appropriate City funding source. 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 proper City officials to execute an agreement with Huurr Homes LLC. for the construction of the Community Development Block Grant (CDBG) Years 49 & 50 Oasis Neighborhood Improvement Projects, in an amount not to exceed Six Hundred Thirty-Six Thousand Three Hundred Dollars ($636,300.00), which agreement is attached hereto and incorporated herein as Exhibit “A.” Section 3. That the City Commission hereby authorizes the City to exceed the annual vendor purchasing threshold of Fifty Thousand Dollars ($50,000.00) for Huurr Homes LLC. in connection with the CDBG Years 49 & 50 Oasis Neighborhood Improvement Projects. Section 4. That funding for the project will be appropriated from the Capital Projects Fund Account No. 301-39-58-541-63-10. Upon approval, $108,000.00 will be reappropriated from Capital Fund Account No. 301-22-04-522-31-10 into Account No. 301-39-58-541-63-10. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. 3 RESOLUTION #2026-_____ Section 6. That this Resolution shall become effective upon its passage and 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 1 CONSTRUCTION AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND HUURR HOMES, LLC FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) YEARS 49 & 50 OASIS NEIGHBORHOOD IMPROVEMENT PROJECTS INVITATION TO BID NO. 26-011 This Construction Agreement (“Agreement”) is entered into as of __________________, 2026 (the “Effective Date”), by and between the CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation, with an address of 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 (the “City”), and HUURR HOMES, LLC, a Florida limited liability company, with an address of 2705 Burris Road, Unit 4A, Davie, Florida 33301 (the “Contractor”). The City and Contractor may each be referred to as a “Party” and collectively as the “Parties.” RECITALS WHEREAS, the City issued Invitation to Bid No. 26-011 for the Community Development Block Grant (CDBG) Years 49 & 50 Oasis Neighborhood Improvement Projects (the “Project”); WHEREAS, Contractor timely submitted a bid in response to the ITB and acknowledged Addenda Nos. 1 through 6; WHEREAS, by Resolution No. 2026-109, adopted August 25, 2026, the City Commission awarded the ITB to Contractor; and WHEREAS, the City Commission has authorized the proper City officials to execute this Agreement in an amount not to exceed Six Hundred Thirty-Six Thousand Three Hundred Dollars ($636,300.00). NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows: 1. RECITALS. The foregoing recitals are true and correct and are incorporated into this Agreement. 2. CONTRACT DOCUMENTS; INCORPORATION; ORDER OF PRECEDENCE. The following documents are incorporated into and made part of this Agreement by this reference: (a) Agreement Exhibit 1: City Invitation to Bid No. 26-011, including its General Terms and Conditions, Special Conditions, Scope of Work, forms, attachments, and Addenda Nos. 1 through 6; (b) Agreement Exhibit 2: the CDBG Year 49 and Year 50 bid packages, plans, specifications, and the Boiler Plate for Dania Beach NW Oasis Neighborhood Improvements Phases 16 and 17; 2 (c) Agreement Exhibit 3: the applicable federal contract provisions and final Davis-Bacon wage determination; Agreement Exhibit 4: Contractor’s bid response dated July 23, 2026, including the accepted schedule of unit prices; and Agreement Exhibit 5: the required payment and performance bond forms. 3. SCOPE OF WORK. 3.1 General Scope. Contractor shall furnish all labor, supervision, equipment, tools, transportation, materials not expressly identified as City-furnished, permits, testing, temporary facilities, traffic and pedestrian control, safety measures, services, and incidentals necessary to complete the Community Development Block Grant (CDBG) Years 49 and 50 Oasis Neighborhood Improvement Projects in strict accordance with the Contract Documents (the “Work”). 3.2 Project Areas. The Work will be performed within the project limits shown in the Contract Documents, including the following areas: Year 49 Project Area: SW 5th Avenue, SW 6th Avenue, SW 7th Avenue, and SW 8th Avenue; and 3 (b) Year 50 Project Area: SW 46th Place, SW 46th Court, SW 47th Street, and SW 27th Avenue. 3.3 Principal Improvements. The Work includes, as applicable to each project area: 3.4 City-Furnished Pavers. The City will furnish the pavers expressly identified in the accepted Schedule of Prices as City-purchased materials. Contractor shall coordinate delivery or pickup, inspect the pavers upon receipt, properly handle and store them, protect them from loss or damage while in Contractor’s custody or control, and install them in accordance with the Contract Documents. Contractor shall promptly notify the City in writing of any visible shortage, defect, or damage. Except for the pavers expressly identified as City-furnished, Contractor shall furnish all materials necessary to complete the Work. 4 3.5 Estimated Quantities. The quantities contained in the accepted Schedule of Prices are estimates and are not guaranteed. The City may increase, decrease, or eliminate quantities based on actual field conditions, available funding, grant requirements, and the City’s needs. Payment for unit-price Work will be based on the actual quantities incorporated into and accepted as part of the Work, multiplied by the applicable accepted unit prices. A change in an estimated quantity does not, by itself, entitle Contractor to an adjustment of a unit price or the Contract Time. 3.6 Contractor’s Review and Coordination. Contractor acknowledges that it has reviewed the Contract Documents and investigated the Project sites and existing conditions. Contractor shall verify field dimensions and conditions before performing affected Work and shall promptly notify the City in writing of any conflict, discrepancy, concealed condition, or omission before proceeding. Contractor shall coordinate the Work with the City, residents, utilities, other contractors, and governmental authorities and shall maintain safe pedestrian, residential, and emergency access as required by the Contract Documents. 3.7 No Unauthorized Work. Contractor shall perform only Work authorized by the Contract Documents, the Notice to Proceed, or a properly executed change order. Contractor shall not perform additional or changed work based on an oral direction, field discussion, email, or other informal communication. 4. CONTRACT SUM; UNIT PRICES; ALLOWANCES. Component Year 49 Year 50 5. CONTRACT TIME; NOTICE TO PROCEED; DELAY. 5.1 Notice to Proceed. Contractor shall not begin the Work before the City issues a written Notice to Proceed. Any work performed or cost incurred before the date stated in the Notice to 5 Proceed is at Contractor’s sole risk and expense, except as otherwise expressly provided in the Contract Documents. 5.2 Contract Time. The Contract Time begins on the commencement date stated in the Notice to Proceed. Contractor shall: 5.3 Substantial Completion. “Substantial Completion” means the stage at which the Work, or a designated portion of the Work approved by the City, is sufficiently complete in accordance with the Contract Documents so that the City and the public may safely use the completed improvements for their intended purposes, subject only to minor corrective or incomplete items that do not materially interfere with such use. 5.4 Final Completion. “Final Completion” means that: 5.5 Construction Schedule. Before commencement of the Work, Contractor shall submit a detailed construction schedule showing the sequence and anticipated duration of the Work, including Substantial Completion, punch-list completion, document closeout, and Final Completion. Contractor shall update the schedule when requested by the City or whenever actual progress materially differs from the approved schedule. 6 Review of the schedule by the City does not relieve Contractor of responsibility for completing the Work within the Contract Time. 5.6 Grant Deadline. The Parties acknowledge that the Project is funded, in whole or in part, with CDBG funds subject to applicable expenditure and closeout deadlines, including the current December 15, 2026 deadline. The City will coordinate issuance of the Notice to Proceed with the applicable grant deadline. Contractor shall schedule and prosecute the Work diligently and shall promptly provide all payroll, closeout, and supporting documents necessary for the City to satisfy its grant obligations. 5.7 Contractor Delay; Recovery Schedule. If Contractor’s progress falls behind the approved schedule for reasons attributable to Contractor or its subcontractors, Contractor shall, without additional compensation, take all measures reasonably necessary to recover the schedule. Such measures may include increasing staffing, equipment, supervision, workdays, shifts, or hours, subject to applicable law and City requirements. 5.8 Requests for Extension. Contractor is entitled to an extension of the Contract Time only to the extent that: 7 5.9 Actual Delay Damages. If Contractor fails to achieve Substantial Completion or Final Completion within the applicable Contract Time, as properly adjusted, the City may recover its actual damages, costs, and expenses caused by the unexcused delay. The City may deduct such amounts from payments otherwise due, subject to applicable law. This remedy does not limit the City’s other rights under the Contract Documents. 6. PAYMENT. 6.1 Basis of Payment. The City will pay Contractor for Work properly performed and accepted in accordance with the Contract Documents. Unit-price Work will be paid based on the actual accepted quantities multiplied by the applicable unit prices in Contractor’s accepted Schedule of Prices. Lump-sum items will be paid based on the percentage satisfactorily completed. Permit allowances will reimburse only documented permit fees actually incurred for the Project. Owner’s contingency funds may be used only at the City’s discretion through a written change order approved before the additional Work begins. Contractor has no entitlement to unused allowances or contingency funds. 6.2 Applications for Payment. Contractor may submit an application for payment no more frequently than monthly. Each application must identify the Work completed, actual quantities, approved change orders, amounts previously paid, retainage, and the amount currently requested. Each application must include invoices, certified payrolls, quantity documentation, and other supporting records required by the City or applicable CDBG requirements. Contractor shall provide unconditional releases for amounts previously paid and, if requested by the City, conditional releases for amounts included in the current application. 6.3 Review and Payment. The City may inspect the Work, verify quantities, and request reasonably necessary supporting documentation before approving an application. Subject to applicable law, the City will pay an approved application within thirty (30) calendar days after receiving a complete and accurate application. If the City disputes only part of an application, it may pay the undisputed amount and withhold the disputed amount pending resolution. 6.4 Retainage and Withholding. The City will retain five percent (5%) from progress payments until Final Completion and acceptance of the Work. The City may withhold amounts reasonably necessary to protect against defective or incomplete Work, unsupported charges, claims, failure to pay subcontractors or suppliers, property damage, delay, failure to provide required records, or any other default under the Contract Documents. The City will release a properly withheld amount when the basis for withholding has been satisfactorily resolved. A surety bond, consent of surety, or other security does not excuse Contractor’s underlying obligation and may be accepted in place of withholding only in the City’s discretion. 8 6.5 Final Payment. Final payment is conditioned upon Final Completion and Contractor’s delivery of all required closeout documents, including final releases, consent of surety, certified payrolls, warranties, permit closeouts, inspection approvals, as-built information, and other documents required by the Contract Documents. 7. BONDS AND INSURANCE. 8. CHANGES IN THE WORK. 9 9. PROJECT ADMINISTRATION; RECORDS; FEDERAL COMPLIANCE. The City’s project representative is the Public Services Director or the Director’s written designee. The project representative may administer, inspect, and coordinate the Work but may not amend this Agreement or authorize an increase in the Contract Sum or Contract Time unless expressly authorized in writing by the City. Contractor shall comply with all recordkeeping, reporting, audit, labor, procurement, and other CDBG, HUD, federal, state, county, and City requirements contained in the Contract Documents or otherwise applicable to the Project. Contractor shall timely provide certified payrolls and all other documentation required for the City to demonstrate compliance with applicable funding requirements. Contractor shall include all required federal and grant provisions in its subcontracts and is responsible for compliance by its subcontractors and lower-tier subcontractors. An applicable legal or grant requirement is not waived merely because it is not repeated in this Agreement. 10. WARRANTY; CORRECTION; ACCEPTANCE. Contractor shall provide the warranties and perform all correction obligations required by the Contract Documents. The applicable warranty period, commencement date, scope of coverage, and Contractor’s correction responsibilities will be governed by the ITB, plans, specifications, and other incorporated Contract Documents. Contractor shall promptly correct defective or nonconforming Work covered by the Contract Documents at no additional cost to the City and shall restore property damaged in performing the corrective work. Payment, inspection, use, Substantial Completion, Final Completion, or acceptance of the Work does not waive Contractor’s warranty obligations or the City’s rights concerning defective Work, latent defects, fraud, or other obligations that survive under the Contract Documents or applicable law. 11. INDEMNIFICATION; SOVEREIGN IMMUNITY. The indemnification provisions in the ITB are incorporated into this Agreement. Nothing in this Agreement waives the City’s sovereign immunity or the limitations provided under section 768.28, Florida Statutes, or creates liability not otherwise imposed by law. Nothing in this Agreement is intended to benefit or create a cause of action in favor of a third party. 12. TERMINATION; NON-APPROPRIATION. The City may terminate this Agreement for cause or convenience in accordance with the Contract Documents. 10 Upon receipt of a termination notice, Contractor shall stop the affected Work as directed by the City, protect completed and partially completed Work, discontinue further commitments, and deliver to the City all Project records, materials, and other items for which the City has paid. 14. E-VERIFY; LEGAL COMPLIANCE. 15. NOTICES. 11 CITY: City of Dania Beach Attn: Oscar Vasques, Public Services Director 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Eve A. Boutsis, City Attorney 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Huurr Homes, LLC Attn: Jaime Shlimbaum 2705 Burris Road, Unit 4A Davie, Florida 33301 jaime@huurrhomes.com MISCELLANEOUS. This Agreement and the incorporated Contract Documents constitute the entire agreement between the Parties concerning the Project and supersede all prior or contemporaneous discussions, negotiations, representations, and understandings concerning the Project. This Agreement may be amended only by a written document executed by authorized representatives of both Parties. Change orders must be approved in accordance with the Contract Documents and applicable City requirements. Contractor may not assign, transfer, or otherwise convey this Agreement or any right or obligation under it without the City’s prior written consent. Any unauthorized assignment is void. Florida law governs this Agreement. Venue for any proceeding arising out of or relating to this Agreement lies exclusively in a court of competent jurisdiction in Broward County, Florida. To the extent permitted by law, the Parties knowingly and voluntarily waive trial by jury in any proceeding arising out of or relating to this Agreement. A waiver is effective only if made in writing by an authorized representative of the waiving Party. Waiver of one breach does not waive a later or different breach. If a provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in effect to the fullest extent permitted by law. 12 16.6 Survival. Provisions that by their nature should continue after completion or termination— including recordkeeping, audit, payment reconciliation, indemnification, warranty, public-records, and dispute provisions—survive completion or termination of this Agreement. 16.7 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original and all of which together constitute one agreement. Signatures transmitted or applied electronically have the same force and effect as original signatures to the extent permitted by law. 13 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO LEGAL FORM AND CORRECTNESS EVE A. BOUTSIS, CITY ATTORNEY CANDIDO SOSA-CRUZ, ICMA-CM CITY MANAGER 14 CONTRACTOR: WITNESSES: HURR HOMES LLC , a Florida limited liability company SIGNATURE SIGNATURE PRINT Name PRINT Name SIGNATURE Title PRINT Name STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on , 2026, by _______________ (name), _______________________ (title), of Huurr Homes, LLC, a Florida limited liability company, who is personally known to me or has produced as identification. NOTARY PUBLIC My Commission Expires: State of Florida City of Dania Beach Public Services Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Candido Sosa-Cruz, ICMA-CM, City Manager VIA: Oscar Vasquez, Public Services Director Carlos Escalante, Public Services Deputy Director SUBJECT: REQUEST FOR APPROVAL TO REINSTATE AND EXECUTE THE FIRST AMENDMENT TO THE CDBG YR 49 AGREEMENT WITH BROWARD COUNTY Request: The Public Services Department requests approval to reinstate and amend the agreement between Broward County and the City for the Year 49, Northwest Oasis Neighborhood Improvement Project Phase XVI, Community Development Block Grant (CDBG). The amendment will reinstate the agreement and extend the agreement term through December 15, 2026. Background: The City of Dania Beach entered into an agreement with Broward County for the funding and administration of 49th Year CDBG funds for the Northwest Oasis Neighborhood Improvement Project Phase XVI. The original agreement was dated May 31, 2024, and provided funding for implementation of the project within the City. The Northwest Oasis Neighborhood Improvement Project is intended to address neighborhood infrastructure and drainage needs within designated residential areas of the City. The improvements include the installation and replacement of concrete sidewalks, construction of paver driveway approaches, installation and replacement of signage and associated hardware, site preparation, grading, restoration, drainage improvements, and other related improvements necessary to complete the project. The Year 49 improvements are located along SW 5th Avenue, SW 6th Avenue, SW 7th Avenue, and SW 8th Avenue between Dania Beach Boulevard and SW 1st Street. The agreement expired on September 30, 2024. The City requested that the agreement be reinstated, and Broward County has agreed to reinstate the agreement effective October 1, 2024, and extend the agreement term through December 15, 2026. The extension will provide the City additional time to complete the remaining project activities and satisfy all applicable CDBG requirements. The City has subsequently proceeded with the procurement of the construction services necessary to complete the CDBG improvements. Under ITB No. 26-011, the City combined the CDBG Years 49 and 50 Oasis Neighborhood Improvement Projects into one consolidated construction contract. The reinstatement and extension of the agreement are therefore necessary to allow the City to continue and complete the CDBG-funded improvements within the revised project schedule and extended grant period. Budgetary Impact Funding for the Northwest Oasis Neighborhood Improvement Project Phase XVI will be appropriated from Capital Project Account No. 301-39-58-541-63-10. The total project budget is $327,374, consisting of $177,374 in CDBG construction funds, $150,000 in non-CDBG local construction funds. Execution of the Reinstatement and First Amendment will not require any additional funding or appropriation and will not change, increase, or otherwise affect the previously approved budget. Recommendation The Public Services Department recommends the execution of the reinstatement and first amendment between Broward County and City of Dania Beach for the 49th Year Community Development Block Grant Program for Northwest Oasis Neighborhood Improvement Project Phase XV. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REINSTATEMENT AND FIRST AMENDMENT TO THE AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR FUNDING AND ADMINISTRATION OF THE 49TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE NORTHWEST OASIS NEIGHBORHOOD IMPROVEMENT PROJECT, PHASE XVI; REINSTATING THE AGREEMENT EFFECTIVE OCTOBER 1, 2024, AND EXTENDING THE TERM THROUGH DECEMBER 15, 2026; AUTHORIZING THE EXPENDITURE OF FUNDS IN EXCESS OF $50,000.00; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, “Monetary thresholds for certain purchases and payment disbursement authorizations”, Subsection (a), sets the monetary threshold at Fifty Thousand Dollars ($50,000.00) for a vendor each fiscal year; and the City of Dania Beach, Florida (“City”), entered into an Agreement with Broward County (“County”) for the funding and administration of 49th Year Community Development Block Grant (“CDBG”) funds for the Northwest Oasis Neighborhood Improvement Project Phase XVI; and the original Agreement was dated May 31, 2024, and provided funding for the implementation of the Northwest Oasis Neighborhood Improvement Project Phase XVI within the City; and the Northwest Oasis Neighborhood Improvement Project is intended to address neighborhood infrastructure and drainage needs within designated residential areas of the City, including the installation and replacement of concrete sidewalks, construction of paver driveway approaches, installation and replacement of signage and associated hardware, site preparation, grading, restoration, drainage improvements, and other related improvements; and , the Year 49 improvements are located along SW 5th Avenue, SW 6th Avenue, SW 7th Avenue, and SW 8th Avenue between Dania Beach Boulevard and SW 1st Street; and the Agreement expired on September 30, 2024, and the City requested that the Agreement be reinstated; and 2 RESOLUTION #2026-_____ WHEREAS, Broward County has agreed to reinstate the Agreement effective October 1, 2024, and extend the Agreement term through December 15, 2026, providing additional time for the City to complete the remaining project activities and satisfy all applicable CDBG requirements; and WHEREAS, City has proceeded with the procurement of construction services necessary to complete the CDBG improvements, including combining the CDBG Years 49 and 50 Oasis Neighborhood Improvement Projects under ITB No. 26-011 into one consolidated construction contract; and WHEREAS, the reinstatement and extension of the Agreement, which is attached as Exhibit “A” and made a part of this Resolution by this reference, are necessary to allow the City to continue and complete the CDBG-funded improvements within the revised project schedule and extended grant period; and WHEREAS, funding for the Northwest Oasis Neighborhood Improvement Project Phase XVI will be appropriated from Capital Project Account No. 301-39-58-541-63-10. The total project budget is $327,374, consisting of $177,374 in CDBG construction funds, $150,000 in non-CDBG local construction funds. WHEREAS, execution of the Reinstatement and First Amendment will not require any additional funding or appropriation and will not change, increase, or otherwise affect the previously approved budget; and WHEREAS, the City Commission finds that approval and execution of the Reinstatement and First Amendment is in the best interest of the City and will facilitate completion of the CDBG- funded Northwest Oasis Neighborhood Improvement Project Phase XVI. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission authorizes exceeding the annual Fifty Thousand Dollars ($50,000.00) threshold. 3 RESOLUTION #2026-_____ Section 3. That the City Commission hereby approves the reinstatement of the Agreement effective October 1, 2024, and the extension of the Agreement term through December 15, 2026, in accordance with the terms and conditions of the Reinstatement and First Amendment, attached as Exhibit “A” and made a part of this Resolution by this reference. Section 4. The City Manager and appropriate City staff are hereby authorized to take all necessary administrative actions to implement the terms and conditions of the Reinstatement and First Amendment and to continue administration and completion of the 49th Year CDBG- funded Northwest Oasis Neighborhood Improvement Project Phase XVI. Section 5. That funding for the Northwest Oasis Neighborhood Improvement Project Phase XVI has already been appropriated and is included in the previously approved project budget. Execution of the Reinstatement and First Amendment does not require any additional funding or appropriation and does not change, increase, or otherwise affect the previously approved budget. Section 6. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 7. That this Resolution shall be effective upon its passage and 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 ____ ____ SIGNATURES ON THE FOLLOWING PAGE 4 RESOLUTION #2026-_____ ATTEST: FY23-24 CDBG – Reinstatement and First Amendment – Dania Beach – Capital Page 1 of 4 REINSTATEMENT AND FIRST AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR FUNDING AND ADMINISTRATION OF 49TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR NORTHWEST OASIS NEIGHBORHOOD IMPROVEMENT PROJECT PHASE XVI (CFDA # 14.218 / FAIN # B-23-UC-12-0001) This Reinstatement and First Amendment (“Amendment”) is entered into between Broward County, a political subdivision of the State of Florida (“County”), and City of Dania Beach, a municipal corporation of the State of Florida (“City”) (each a “Party” and collectively referred to as the “Parties”). RECITALS A. The Parties entered into the Agreement between Broward County and City of Dania Beach Providing for Funding and Administration of Community Development Block Grant (“CDBG”) Program funds for Northwest Oasis Neighborhood Improvement Project Phase XVI (the “Project”) for Fiscal Year 2023-2024 (CFDA # 14.218 / FAIN # B-23-UC-12-0001), dated May 31, 2024 (the “Agreement”), to provide funding to City for the implementation of the Project in City. B. The Agreement expired on September 30, 2024, and City has requested, and County has agreed, that it be reinstated and that its term be extended to December 15, 2026. C. The Parties now desire to reinstate the Agreement and amend it to extend its term. 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 Amendment shall retain the meaning ascribed to such terms in the Agreement. 2. Unless otherwise expressly stated herein, amendments to the Agreement made pursuant to this Amendment are indicated herein by use of strikethroughs to indicate deletions and bold/underlining to indicate additions. Except as modiﬁed herein, all remaining terms and conditions of the Agreement shall remain in full force and eﬀect. 3. The Agreement is reinstated eﬀective October 1, 2024. 4. The ﬁrst sentence of Article 10 of the Agreement is amended as follows: This Agreement begins retroactively on October 1, 2023 (“Eﬀective Date”) and shall end on September 30, 2024 December 15, 2026 (“Initial Term”) unless terminated earlier or extended pursuant to the terms of this Agreement. FY23-24 CDBG – Reinstatement and First Amendment – Dania Beach – Capital Page 2 of 4 5. Exhibit C to the Agreement, Project Timeline, is hereby deleted and replaced in its entirety with Exhibit C attached hereto and incorporated herein. 6. Section 12.2 of the Agreement is deleted and replaced in its entirety with the following (bold/underlining omitted): 12.2. City and Subcontractors shall not discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political aﬃliation, pregnancy, or any other basis prohibited by Applicable Law in the performance of this Agreement. Contractor shall include the foregoing or similar language in its contracts with all Subcontractors, except that any project assisted by U.S. Department of Transportation funds shall comply with the nondiscrimination requirements in 49 C.F.R. Parts 23 and 26. 7. New Section 12.28 is added to the Agreement as follows (bold/underlining omitted): 12.28. Section 125.595 Compliance. City represents and warrants that the Services provided under this Agreement do not constitute or relate to diversity, equity, or inclusion. City is expressly prohibited from using any funds provided by County or under this Agreement to promote diversity, equity, or inclusion initiatives, or for any program or activity that relates to diversity, equity, or inclusion. City certiﬁes that City does not and will not use County or municipal funds in requiring its employees, contractors, volunteers, vendors, or agents to ascribe to, study, or be instructed using materials relating to diversity, equity, and inclusion. As used herein, “diversity, equity, or inclusion” has the meaning set forth in Section 125.595(1)(b), Florida Statutes. This section does not prohibit City from engaging in any activity permitted by Section 125.595, Florida Statutes, including but not limited to any action required for compliance with state or federal laws or regulations. 8. Entities of Foreign Concern. The provisions of this section apply only if this Agreement provides access to an individual’s personal identifying information. By execution of this Agreement, the undersigned authorized representative of each Party hereby attests under penalty of perjury as follows: such Party is not owned by the government of a foreign country of concern, is not organized under the laws of nor has its principal place of business in a foreign country of concern, and the government of a foreign country of concern does not have a controlling interest in such Party; and the undersigned authorized representative of each Party declares that they have read the foregoing statement and that the facts stated in it are true. Terms used in this section that are not otherwise deﬁned in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statute. 9. In the event of any conﬂict or ambiguity between this Amendment and the Agreement, the Parties agree that this Amendment shall control. The Agreement, as amended herein by this Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings concerning the subject FY23-24 CDBG – Reinstatement and First Amendment – Dania Beach – Capital Page 3 of 4 matter hereof that are not contained in the Agreement as amended in this Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 10. Preparation of this Amendment has been a joint eﬀort of the Parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than any other. 11. City acknowledges that through the date this Amendment is executed by City, City has no claims or disputes against County relating to the Agreement including as amended herein. 12. The eﬀective date of this Amendment shall be the date of complete execution by the Parties. 13. This Amendment may be executed in multiple originals or in counterparts, whether signed physically or electronically; each of which shall be deemed to be an original, and all of which, taken together, shall constitute one and the same agreement. (The remainder of this page is blank.) FY23-24 CDBG – Reinstatement and First Amendment – Dania Beach – Capital Page 4 of 4 IN WITNESS WHEREOF, the Parties hereto have made and executed this Amendment: Broward County through its Board of County Commissioners, signing by and through its County Administrator, authorized to execute same by Board action on the 14th day of November, 2023 (Agenda Item No. 42), and City of Dania Beach, signing by and through its Mayor or Vice-Mayor, duly authorized to execute same. COUNTY BROWARD COUNTY, by and through its County Administrator By: ____________________________ Monica Cepero ____ day of ______________, 2026 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____________________________ Karina D. Rodrigues (Date) Assistant County Attorney By____________________________ Annika E. Ashton (Date) Deputy County Attorney KDR/ST/sr Reinstatement and First Amendment Dania Beach – CDBG (Capital) 08/13/2026 #1234759v3 FY23-24 CDBG – Reinstatement and First Amendment – Dania Beach – Capital Page 5 of 4 REINSTATEMENT AND FIRST AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR FUNDING AND ADMINISTRATION OF 49TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR NORTHWEST OASIS NEIGHBORHOOD IMPROVEMENT PROJECT PHASE XVI (CFDA # 14.218 / FAIN # B-23-UC-12-0001) CITY CITY OF DANIA BEACH ATTEST: By:____________________________ CITY MAYOR ____________________________ _______________________________ CITY CLERK Print Name _____ day of __________, 2026 I HEREBY CERTIFY that I have approved this Agreement as to form and legal suﬃciency subject to execution by the parties: _____________________________ City Attorney Page 1 of 1 EXHIBIT C PROJECT TIMELINE The table below lists the main work tasks required to complete Project objectives before the term of the Agreement expires. Work Task Start-Up Date Date of Completion Design plans and speciﬁcations 07/01/2023 12/30/2023 11/31/2025 Advertisement and issue invitation to bid 05/01/2024 05/27/2026 05/31/2024 06/27/2026 Pre-Bid meeting 05/01/2024 06/08/2026 05/31/2024 06/22/2026 Bid opening, selection, and award 06/01/2023 06/28/2026 06/30/2024 07/15/2026 City Commission to award contract 06/15/2024 07/16/2026 07/15/2024 07/31/2026 Construction contract execution, pre- construction meeting, 07/15/2024 08/01/2026 08/15/2024 08/17/2026 Construction 08/15/2024 08/18/2026 09/15/2024 09/30/2026 Punch list Items 09/01/2024 09/15/2026 09/30/2024 09/30/2026 Completion of Construction 09/01/2024 09/15/2026 09/30/2024 09/30/2026 10/01/2023 *05/08/2026 09/30/2024 12/15/2026 City of Dania Beach Public Services Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Candido Sosa-Cruz, ICMA-CM, City Manager VIA: Oscar Vasquez, Public Services Director Carlos Escalante, Public Services Deputy Director SUBJECT: REQUEST FOR APPROVAL TO EXECUTE THE CDBG YR 50 AGREEMENT WITH BROWARD COUNTY Request: The Public Services Department requests approval to execute an agreement between Broward County and the City for the Year 50, Northwest Oasis Neighborhood Improvement Project Phase XVII, Community Development Block Grant (CDBG) with an agreement term through December 15, 2026. Background: The City of Dania Beach has been awarded 50th Year CDBG funding through Broward County for the Northwest Oasis Neighborhood Improvement Project Phase XVII. On December 10, 2024, the Broward County Board of County Commissioners authorized $180,472 in CDBG funding for the project. The Northwest Oasis Neighborhood Improvement Project Phase XVII is part of the City's ongoing neighborhood safety and infrastructure improvement initiative. The project is intended to improve neighborhood livability through improvements to public infrastructure within the CDBG target area. The project includes the installation of pervious paver aprons and parking areas within the public right-of-way, which will assist with flood control by allowing stormwater to infiltrate the ground, reducing runoff, and improving drainage. The project improvements are located along SW 46th Place, SW 46th Court, SW 47th Street, and SW 27th Avenue. The Agreement requires the City to complete the project in accordance with the established Project Timeline. The timeline includes design plans and specifications, advertisement and bidding, bid opening and award, execution of the construction contract, construction, punch-list activities, completion of construction, and submission of monthly and final reports. The Agreement establishes December 15, 2026, as the final reporting deadline. Budgetary Impact The total project budget is $380,472, consisting of $180,472 in CDBG construction funds, $180,000 in non-CDBG local construction funds, and $20,000 in non-CDBG funds for design consultant services. Funding for the Northwest Oasis Neighborhood Improvement Project Phase XVII will be appropriated from Capital Project Account No. 301-39-58-541-63-10. Recommendation The Public Services Department recommends the execution of the agreement between Broward County and City of Dania Beach for the 50th Year Community Development Block Grant Program for Northwest Oasis Neighborhood Improvement Project Phase XVII. RESOLUTION NO. 2026-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR THE FUNDING AND ADMINISTRATION OF THE 50TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE NORTHWEST OASIS NEIGHBORHOOD IMPROVEMENT PROJECT, PHASE XVII; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE AGREEMENT AND ANY NECESSARY DOCUMENTS; PROVIDING FOR FUNDING AND AUTHORIZING THE EXPENDITURE OF FUNDS IN EXCESS OF $50,000.00; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, “Monetary thresholds for certain purchases and payment disbursement authorizations”, Subsection (a), sets the monetary threshold at Fifty Thousand Dollars ($50,000.00) for a vendor each fiscal year; and the City of Dania Beach, Florida (“City”), has been awarded Community Development Block Grant (“CDBG”) funding through Broward County (“County”) for the 50th Year Northwest Oasis Neighborhood Improvement Project Phase XVII; and on December 10, 2024, the Broward County Board of County Commissioners authorized CDBG funding to the City in the amount of One Hundred Eighty Thousand Four Hundred Seventy-Two Dollars ($180,472.00) for the Northwest Oasis Neighborhood Improvement Project Phase XVII; and the Northwest Oasis Neighborhood Improvement Project Phase XVII is part of the City's ongoing neighborhood safety and infrastructure improvement initiative and is intended to improve neighborhood livability through improvements to public infrastructure within the CDBG target area; and , the project includes the installation of pervious paver aprons and parking areas within the public right-of-way to assist with flood control by allowing stormwater to infiltrate the ground, reducing runoff, and improving drainage; and the project improvements are located along SW 46th Place, SW 46th Court, SW 47th Street, and SW 27th Avenue; and 2 RESOLUTION #2026-____ WHEREAS, the agreement requires the City to complete the project in accordance with the established project timeline, including design plans and specifications, advertisement and bidding, bid opening and award, execution of the construction contract, construction, punch-list activities, completion of construction, and submission of monthly and final reports, with a deadline of December 15, 2026; and WHEREAS, the City intends to coordinate the implementation of the 50th Year improvements with the previously approved 49th Year Northwest Oasis Neighborhood Improvement Project in order to efficiently coordinate construction activities and facilitate timely completion of the improvements within the required grant period; and WHEREAS, the total project budget for the Northwest Oasis Neighborhood Improvement Project Phase XVII is Three Hundred Eighty Thousand Four Hundred Seventy-Two Dollars ($380,472.00), consisting of $180,472.00 in CDBG construction funds, $180,000.00 in non-CDBG local construction funds, and $20,000.00 in non-CDBG funds for design consultant services; and WHEREAS, funding for the Northwest Oasis Neighborhood Improvement Project Phase XVII will be appropriated from Capital Project Account No. 301-39-58-541-63-10; and WHEREAS, the City Commission finds that execution of the Agreement is in the best interest of the City and will facilitate implementation and completion of the 50th Year CDBG- funded Northwest Oasis Neighborhood Improvement Project Phase XVII. 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 approves the Agreement between Broward County and the City of Dania Beach for the 50th Year Community Development Block Grant Program for the Northwest Oasis Neighborhood Improvement Project Phase XVII. Section 3. That the City Manager and appropriate City staff are hereby authorized to take all necessary administrative actions to implement the terms and conditions of the 50th Year Community Development Block Grant Program for the Northwest Oasis Neighborhood Improvement Project Phase XVII. 3 RESOLUTION #2026-____ Section 4. That funding for the Northwest Oasis Neighborhood Improvement Project Phase XVII shall be appropriated from Capital Project Account No. 301-39-58-541-63-10 in accordance with the approved project budget. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be effective upon its passage and 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 Page 1 of 48 AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR FUNDING AND ADMINISTRATION OF 50TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR NORTHWEST OASIS NEIGHBORHOOD IMPROVEMENT PROJECT PHASE XVII (CFDA # 14.218 / FAIN # B-24-UC-12-001) This Agreement (“Agreement”) is between Broward County, a political subdivision of the State of Florida (“County”), and City of Dania Beach, a municipal corporation of the State of Florida (“City”) (each a “Party” and collectively referred to as the “Parties”). RECITALS A. County is a recipient of Community Development Block Grant (“CDBG”) funds from the United States Department of Housing and Urban Development (“HUD”). B. On December 10th, 2024 (Agenda Item No. 46), the Broward County Board of County Commissioners authorized CDBG funding to City in the amount of One Hundred Eighty Thousand Four Hundred and Seventy-Two and 00/100 Dollars ($180,472) to fund Northwest Oasis Neighborhood Improvement Project, Phase XVII, in the City, under the terms more specifically described herein. C. Pursuant to 24 C.F.R. Part 570.302, the Project (as defined herein) was included in County’s consolidated plan for community planning and development programs submitted to HUD in accordance with 24 C.F.R. Part 91. D. The federal award information required by 2 C.F.R. Part 200.332(a) is set forth in Exhibit A to this Agreement. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows: ARTICLE 1. DEFINITIONS 1.1. Applicable Law means all applicable laws, codes, advisory circulars, rules, regulations, and ordinances of any federal, state, county, municipal, or other governmental entity, as amended. 1.2. Board means the Board of County Commissioners of Broward County, Florida. 1.3. CDBG Funds means the CDBG Program (as defined herein) funds provided to City under this Agreement, as set forth in Exhibit B to this Agreement. 1.4. CDBG Program means the Community Development Block Grant Program awarded by HUD to County, authorized pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93-383, amended, and codified at 42 U.S.C. 5301 et seq. Page 2 of 48 1.5. Code means the Broward County Code of Ordinances. 1.6. Contract Administrator means the Director of the Housing and Urban Planning Division, or such other person designated by same in writing. 1.7. County Administrator means the administrative head of County appointed by the Board. 1.8. County Attorney means the chief legal counsel for County appointed by the Board. 1.9. HUD means the United States Department of Housing and Urban Development. 1.10. Project means the project provided and implemented by City, as described in Exhibit A to this Agreement. 1.11. Rules and Regulations of HUD means the rules and regulations of HUD, including but not limited to 24 C.F.R. Part 570, “Community Development Block Grant Regulations,” 24 C.F.R. Part 91, “Consolidated Submissions for Community Planning and Development Programs,” the applicable provisions under 2 C.F.R. Part 200, “Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards,” and any Executive Orders issued by the federal government or any final rule changes set forth in the Federal Register impacting the CDBG Program, as amended from time to time, and which are incorporated herein by reference. 1.12. Services means all work required of City under this Agreement, including without limitation all deliverables, goods, consulting, training, project management, and services specified in the Project Description attached as Exhibit A. 1.13. Subcontractor means any entity or individual, including any subconsultant, that provides Services to County through City, regardless of tier. ARTICLE 2. EXHIBITS Exhibit A Project Description Exhibit B Budget Exhibit C Project Timeline Exhibit D Monthly Progress Report Exhibit E Request for Payment ARTICLE 3. PROJECT 3.1. City shall provide and implement a Northwest Oasis Neighborhood Improvement Project in City as outlined in Exhibit A attached hereto. All activities funded with CDBG Funds must meet one of the CDBG Program’s national objectives, as set forth in 24 C.F.R. Part 570.208: (1) Activities benefiting low- and moderate-income persons; (2) Activities which aid in the prevention or elimination of Page 3 of 48 slums or blight; or (3) Activities designed to meet community development needs having a particular urgency. City certifies that the Project meets the criteria for 24 C.F.R. Part 570.208(a)(1), Area Benefit Activities and covenants that the Project will at all times (i) meet one of the CDBG Program’s national objectives under 24 C.F.R. Part 570.208 and (ii) be an eligible activity under 24 C.F.R. Parts 570.201 through 207. 3.3. City must comply with the Project Timeline set forth in Exhibit C. If City fails to meet any of the deadlines set forth in Exhibit C by 45 days or more, County may terminate this Agreement in accordance with Article 11 of this Agreement and/or may reallocate the remaining unexpended CDBG Funds under this Agreement in accordance with Section 4.10 of this Agreement. Time is of the essence for City’s performance of the duties, obligations, and responsibilities required by this Agreement. 3.4. Monitoring and Reporting. County will carry out periodic monitoring and evaluation activities as determined necessary in County’s discretion, and as required by Applicable Law. County has the right to conduct a full review of the Project at any time. County’s evaluation of the Project will include, but not be limited to, compliance with the terms of this Agreement, and comparisons of planned versus actual progress relating to the Project’s scheduling, budget, in-kind contributions, and output measures. 3.4.1. Upon County’s request, City shall promptly furnish to County such records and information requested by County related to the Project. 3.4.2. City shall meet with County at reasonable times and with reasonable notice to discuss the Project. 3.4.3. City shall provide County with monthly progress reports in substantially the form provided in Exhibit D, attached hereto or such other form as may be provided to City by County, in County’s discretion (“Monthly Progress Reports”). The Monthly Progress Reports for each month must be submitted to County no later than the tenth (10th) calendar day of the following month, provided that, if such date is a Saturday, Sunday, or holiday, the Monthly Progress Report may be submitted on the business day immediately following such Saturday, Sunday, or holiday. 3.4.4. In addition to the Monthly Progress Reports, City shall submit on a quarterly basis, and at other times upon the request of the Contract Administrator, information and status reports required by County or HUD on forms approved by the Contract Administrator. 3.5. If the Services or activities fail to comply with the terms of this Agreement, or if, in County’s judgment, City, or any Subcontractor, has violated federal guidelines and regulations, or the terms of this Agreement, County may issue a written stop order to City pursuant to which City must halt all Services or activities for the Project. Page 4 of 48 3.6. In the event City uses a Subcontractor to perform any design or construction activities for the Project, City shall comply with the following requirements: 3.6.1. City shall provide the Contract Administrator with a copy of all agreements and correspondence between City and the Subcontractor, and any correspondence related thereto, prior to the execution of any agreement between City and the Subcontractor. 3.6.2. City’s contract for design professional services must include, at a minimum, any civil, structural, mechanical, and electrical engineering, and architectural services, as may be required and applicable for the Project, including all necessary, incidental, and related activities and services required by the Project’s scope, and contemplated in the Subcontractor’s scope of services. City’s contracts for design professional services must require the Subcontractor to comply with the following requirements: a. Schematic Design. The Subcontractor must prepare and submit for approval by City schematic design documents consisting of drawings and other documents illustrating the scale and relationship of Project components (“Schematic Design Documents”). City must provide the Contract Administrator with a copy of the approved Schematic Design Documents. Additionally, the Subcontractor shall submit to City a written statement of probable construction cost based on current area, volume, or other unit costs. The Subcontractor must comply with all Applicable Law and requirements of governmental authorities applicable to the Project. b. Design Development. The Subcontractor shall prepare and submit for approval by City, design development documents consisting of drawings and other documents describing the size and character of the entire Project including, as applicable, architectural, structural, mechanical, electrical, material specifications, and such other essential elements as may be appropriate (“Design Development Documents”). City shall provide the Contract Administrator with a copy of the approved Design Development Documents. The Subcontractor shall consider the availability of materials, equipment, and labor, construction sequencing and scheduling, economic analysis of construction and operations, user safety, maintenance requirements, and energy conservation. The Design Development Documents must include, at a minimum, the following, if applicable: 1. Expansion of the architectural, structural, mechanical, and electrical Schematic Design Documents to establish the final Page 5 of 48 scope, relationships, forms, size, and appearance of the Project through appropriate plans, sections, elevations, and typical construction details; three-dimensional sketches; basic materials and finishes; equipment and furniture layouts and space requirements; basic structural system and dimensions; energy conservation measures; outline specifications; basic selection of mechanical and electrical equipment and their capabilities; 2. Development scheduling services, including but not limited to reviewing and updating previously established schedules; and 3. Written statement of probable construction cost, including but not limited to updating and refining the schematic design phase statement of probable construction cost. c. Contract Documents. The Subcontractor shall prepare from the approved Design Development Documents the working drawings and specifications, setting forth in detail the work to be done, materials, quality of work, finishes, and equipment required for the architectural, structural, mechanical, and electrical work, and the necessary bidding information (collectively referred to as the “Contract Documents”). The Subcontractor shall, in the preparation of the drawings and specifications for construction, take into account all prevailing codes and regulations governing construction in Broward County, and update and revise the probable construction costs, as necessary. The Contract Documents shall be sufficiently complete and include enough detail to allow issuance of a building permit and obtain responsive bids. City shall provide a copy of the final Contract Documents to the Contract Administrator promptly after the Contract Documents are fully executed. 3.6.3. City’s contract for any construction activities shall include, but is not limited to, labor, materials, equipment, and other services necessary to perform all of the work described in the Contract Documents for the construction of the Project in accordance with all requirements and provisions of Applicable Law, including applicable building codes. The Project also includes all Project site preparations, including but not limited to preinspection, examination, tests and borings, and discovery of the site conditions and other similar activities. 3.6.4 All plan and specifications prepared or to be used for the Project shall be certified and approved by City and submitted to County for approval as to scope prior to advertisement or implementation, as applicable. Page 6 of 48 3.7. At the conclusion of each design phase provided for in Section 3.6.2, City shall provide the associated deliverable and shall submit an invoice for payment utilizing the form provided in Exhibit E. 3.8. City must furnish to County a schedule of construction activities indicating the dates for the commencement and completion of the various stages of construction (“Construction Schedule”). City shall comply with the Construction Schedule and shall update the Construction Schedule at least monthly, and when required based on the progress of the Project. City shall not make any changes or modifications to the Construction Schedule furnished to County without County’s prior approval. 3.9. City shall submit written notification to County of all prebid and preconstruction meetings at least two (2) weeks before the actual date of the meetings. County shall have the right to review the final bid package for the Project. 3.10. All change orders related to the Contract Documents or the construction activities are subject to prior written approval from the Contract Administrator. 3.11. (Check if applicable) At the completion of the Project, “as-built” drawings must be submitted to the Contract Administrator prior to County’s approval of the final reimbursement payment to City under this Agreement. 3.12. If City is unable to complete the Project because of delays resulting from untimely review by County or other governmental authorities having jurisdiction over the Project, and such delays are through no fault of City, County shall grant a reasonable extension of time for completion of the Project, provided that any amendment documenting such extension must not include any increase in total CDBG Funds for the Project. It shall be City’s responsibility to notify County promptly in writing whenever City is anticipating or experiencing a delay in approval by a governmental agency, and to furnish County with all facts, details, and related documentation in connection to the delay. 3.13. No extension of time shall be granted for delays resulting from normal weather conditions prevailing in the area as defined by the average of the last ten (10) years of weather data recorded in the Fort Lauderdale-Hollywood International Airport Weather Station. 3.14. City shall notify County at least 48 hours in advance of the date that work on the Project will be initiated to allow for on-site inspections to be conducted by County. 3.15. If the Project includes construction, alteration, maintenance, or repair of infrastructure, as defined under Section 70912 of the Infrastructure Investment and Jobs Act (Pub. L. 117-58) and 2 C.F.R. Part 184, City shall comply with the Build America, Buy America Act (“BABA”) and all applicable implementing regulations and HUD guidance. Page 7 of 48 3.15.1. City shall ensure that none of the CDBG Funds made available under this Agreement are used for a Project for infrastructure unless all iron, steel, manufactured products, and construction materials used in the Project are produced in the United States, in accordance with 2 C.F.R. Part 184. 3.15.2. City shall require that the Buy America Preference, as defined in 2 C.F.R. Part 184, be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements), contracts, and purchase orders for the work performed, or products supplied under this Agreement. 3.15.3. City shall maintain, and ensure that Subcontractors maintain, such records and certifications as may be required to demonstrate compliance with BABA; upon request by County, City and Subcontractors shall make same available to County in written form at no cost and allow County to make copies. 3.15.4. Any waiver of the requirements of BABA must be issued by HUD in writing in accordance with applicable federal law and guidance. City shall not assume or rely upon the applicability of any waiver without written confirmation from County. 3.16. City shall meet or exceed the standards described in Exhibit A, and all Applicable Law, and any other regulations imposed by any regulatory body or authority governing the design, permitting, construction, and approval of the Project. ARTICLE 4. FUNDING AND METHOD OF PAYMENT AND PROVISIONS RELATING TO THE USE OF THE FUNDS 4.1. The maximum amount payable to City under this Agreement shall be One Hundred Eighty Thousand Four Hundred Seventy-Two Dollars ($180,472). This Agreement is subject to the availability of CDBG Funds, as more specifically described in Articles 4 and 11. No County funds shall be payable under this Agreement. 4.2. If City is in compliance with the applicable Rules and Regulations of HUD and the terms of this Agreement, including the procedures for invoices and payments set forth in this article, County shall reimburse City for eligible Project expenses expended as set forth in Exhibit B, unless a suspension of payment as provided for in Section 4.9 of this Agreement has occurred. At no time shall County distribute CDBG Funds to City if City is not in compliance with the terms of this Agreement or for any Project expenses sought to be reimbursed by City that are not eligible for reimbursement under the Rules and Regulations of HUD. 4.3. City shall invoice County monthly, if eligible Project expenditures, in accordance with Exhibit B, have been made, by furnishing to County a request for payment in the Page 8 of 48 form provided in Exhibit E and any such pertinent documentation requested by County, together with the following supporting documentation: 4.3.1. Documentation of costs associated with any City personnel providing any Services, if applicable; 4.3.2. An executed copy of each Subcontractor contract authorizing Services, activities, or purchase of materials for the Project, if applicable and not previously submitted to County; 4.3.3. Documentation of any leveraging, as may be described in Exhibit B, that has occurred during each month; 4.3.4. A certified copy of the purchase order or other City document authorizing the Services, activities, or materials for which City is invoicing; 4.3.5. A copy of all Subcontractor invoices for the Project indicating the work, services, or activities rendered or materials purchased and the dates for same, certified by City’s engineer, architect, or administrator or manager of the Project, as applicable; 4.3.6. A certification from City’s administrator or the administrator’s authorized representative certifying that the Services, or activities, or materials being invoiced have been received or completed; 4.3.7. Upon submittal of the final invoice for reimbursement of eligible Project expenditures made during the term of this Agreement, a final and complete Monthly Progress Report, utilizing the form provided in Exhibit D or such other form as may be provided to City by County, in County’s discretion. 4.3.8. For reimbursement of any retainage paid by City, City must provide the following additional documentation: a. Evidence, satisfactory to County, of completion of all Project work and objectives; b. Copies of executed release forms from all Subcontractors; c. Final documentation, including applicable payroll documents, required under the Davis-Bacon Act (40 U.S.C. 276a-276a-7) and Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u, and the implementing regulations at 24 C.F.R. Part 75, as applicable); Page 9 of 48 d. Copies of final certified plans and “as-built” drawings, if required under Section 3.11 of this Agreement; e. Copies of final permits for the Project and evidence that all permits for the Project have been closed; f. Final request for payment, in the form provided in Exhibit E, requesting reimbursement of the released retainage amount; and g. Any other documentation reasonably required by County in connection with reimbursement of the released retainage amount. 4.4. Following receipt of invoices and supporting documentation, as described in Section 4.3, County shall review the invoices and supporting documentation to determine whether the items invoiced have been received or completed and that the invoiced items are proper for payment. County may, in its discretion, deny a reimbursement payment to City if City fails to provide any of the documentation required by Section 4.3 above. Upon determination by County that the items invoiced have been received or completed, County shall make payment to City the amount County determines to be payable. Payment for travel costs or travel-related expenses permitted under Exhibit B to this Agreement, if any, shall be made in accordance with Section 112.061, Florida Statutes. 4.5. City shall disclose to County any and all third-party funding, whether public or private, for the Project. No CDBG Funds shall be used to supplant existing third-party funding. 4.6. City shall not be entitled to reimbursement for any invoices received by County later than 60 days after the expiration or earlier termination of this Agreement. 4.7. County shall pay City within 30 days after receipt of City’s proper Request for Payment for reimbursement of eligible Project expenses in accordance with the “Broward County Prompt Payment Policy,” Section 1-51.6 of the Code. To be deemed proper, all invoices must: (a) comply with all applicable requirements, whether set forth in this Agreement or the Code; and (b) be submitted pursuant to instructions prescribed by the Contract Administrator. Payments shall be sent to City’s address in accordance with Section 12.8, unless otherwise requested by City in writing and approved by the Contract Administrator in writing. Payments may be withheld for failure of City to comply with a term, condition, or requirement of this Agreement or the Rules and Regulations of HUD. County may set off any amounts City owes to County under this Agreement against any amounts County owes to City under this Agreement. 4.8. City shall expend the CDBG Funds allocated to the Project by the end of the term of this Agreement. All CDBG Funds not expended within the term of this Agreement shall remain in the custody and control of County. City shall ensure there is an Page 10 of 48 expenditure of CDBG Funds within 12 months of the execution of this Agreement by the Parties, and thereafter, every 90 days, to the greatest extent possible. 4.9. County may suspend payment under this Agreement, or impose other remedies for noncompliance consistent with 2 C.F.R. § 200.339, for any of the following events: 4.9.1. Ineligible use of CDBG Funds under this Agreement or the Rules and Regulations of HUD; 4.9.2. Failure to comply with the terms of this Agreement; 4.9.3. Failure to submit reports as required, including Monthly Progress Reports, beneficiary data, and a favorable audit report; 4.9.4. Submission of incorrect or incomplete reports in any material respect; and 4.9.5. Failure to comply with the indemnification obligations under this Agreement. In the event County elects to suspend payment to City pursuant to this section, County shall specify the actions that must be taken by City as a condition precedent to resumption of payments, and specify a reasonable date by which City must take such actions. Suspension of payment shall not excuse City from continued delivery of Services. 4.10. At the sole discretion of the Contract Administrator, unexpended CDBG Funds not provided to or reimbursed to City under the terms of this Agreement, including, but not limited to funds unexpended due to a failure to meet the deadlines in accordance with Section 3.3 or failure to comply with any other terms of this Agreement, may be reallocated by County to other CDBG Program projects approved for funding by the Board. 4.11. Any CDBG Funds paid to City in excess of the amount to which City is finally determined to be entitled to under this Agreement shall be repaid to County within 30 days after demand, and if not paid, County may make an administrative offset against other requests by City for reimbursements. 4.12. City shall invoice Subcontractor fees only in the actual amount paid by City, without markup or other adjustment. 4.13. Notwithstanding any provision in this Agreement to the contrary, County shall not be required to reimburse City any CDBG Funds under this Agreement if County is not able to obtain such funding from HUD for the payment of these costs, and County may withhold payment, in whole or in part, (a) in accordance with Applicable Law, or (b) to the extent necessary to protect itself from loss on account of (i) inadequate or defective work that has not been remedied or resolved in a manner satisfactory to the Contract Page 11 of 48 Administrator, or (ii) City’s failure to comply with any provision of this Agreement. The amount withheld shall not be subject to payment of interest by County. 4.14. Notwithstanding any provision in this Agreement to the contrary, in the event County is required to repay HUD any CDBG Program funding received from HUD for the Project, pursuant to any repayment requirements set forth in 24 C.F.R. Part 570, or any other applicable Rules and Regulations of HUD, City must repay County such CDBG Funds in accordance with the repayment provisions set forth in Section 9.4 of this Agreement. ARTICLE 5. INDEMNIFICATION 5.1. To the extent permitted by law, and without either party waiving its sovereign immunity or any limits established by Section 768.28, Florida Statutes, City shall indemnify, hold harmless, and defend County and all of County’s current, past, and future officers, agents, and employees (collectively, “Indemnified Party”) from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorneys’ fees, court costs, and expenses, including through the conclusion of any appellate proceedings, raised or asserted by any person or entity not a party to this Agreement, and caused or alleged to be caused, in whole or in part, by any breach of this Agreement by City, or any intentional, reckless, or negligent act or omission of City, its officers, employees, or agents, arising from, relating to, or in connection with this Agreement (collectively, a “Claim”). If any Claim is brought against an Indemnified Party, City shall, upon written notice from County, defend each Indemnified Party with counsel satisfactory to County or, at County’s option, pay for an attorney selected by the County Attorney to defend the Indemnified Party. The obligations of this section shall survive the expiration or earlier termination of this Agreement. If considered necessary by the Contract Administrator and the County Attorney, any sums due City under this Agreement may be retained by County until all Claims subject to this indemnification obligation have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by County. 5.2. For construction-related activities. To the extent permitted by law, and without either party waiving its sovereign immunity or any limits established by Section 768.28, Florida Statutes, City shall indemnify and hold harmless County, its officers, and employees from liabilities, damages, losses, and costs, including but not limited to reasonable attorneys’ fees, to the extent caused by any breach of this Agreement by City, or any negligence, recklessness, or intentional wrongful misconduct of City and persons employed or utilized by City in the performance of this Agreement, including but not limited to City’s Subcontractors, consultants, subconsultants, materialmen, or agents of any tier, or any of their respective employees. To the extent considered necessary by Contract Administrator and County Attorney, any sums due City under this Agreement may be retained by County until all of County’s claims for indemnification pursuant to this Agreement have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by County. These indemnifications shall survive the expiration or earlier termination of this Agreement. Page 12 of 48 ARTICLE 6. INSURANCE 6.1. City is a governmental entity and is fully responsible for the acts and omissions of its agents or employees, subject to any applicable limitations of Section 768.28, Florida Statutes. 6.2. Upon request by County, City must provide County with written verification of liability protection that meets or exceeds any requirements of Florida law. If City holds any excess liability coverage, City must ensure that “Broward County” is listed and endorsed as an additional insured under such excess liability policy and provide evidence of same to County. 6.3. If City maintains broader coverage or higher limits than the minimum coverage required under Florida law, County shall be entitled to all such broader coverages and higher limits on a primary coverage and noncontributory basis. County’s insurance requirements shall apply to City’s self-insurance. 6.4. If City contracts with a Subcontractor to provide any of the Services, City shall require that each Subcontractor maintain insurance coverage that adequately covers each Subcontractor’s exposure based on the services provided by that Subcontractor. City shall ensure that all such Subcontractors comply with these requirements and that “Broward County” is named as an additional insured and certificate holder under the Subcontractor’s applicable insurance policies. City shall not permit any Subcontractor to provide Services unless and until all applicable requirements of this article are satisfied. If requested by County, City shall furnish evidence of insurance of all such Subcontractors. 6.5. County reserves the right, but not the responsibility, at any time to review any and all insurance policies and to adjust the limits and types of coverage required under this article. ARTICLE 7. REPRESENTATIONS AND WARRANTIES 7.1. In accordance with 31 U.S.C. 1352 and implementing regulations set forth in 24 C.F.R. Part 87, City certifies, to the best of its knowledge, that: 7.1.1. No Federal appropriated funds have been paid or will be paid, by or on behalf of City, to any person for influencing or attempting to influence an officer or employee of an 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 any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Page 13 of 48 7.1.2. 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 agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, City shall complete and submit to County Standard Form-LLL, “Disclosure Form to Report Lobbying,” set forth in Appendix B to 24 C.F.R. Part 87, in accordance with its instructions. 7.1.3. City shall require that the language of this section 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. 7.2. In accordance with Section 519 of the Department of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1990 (Public Law 101-144), Section 906 of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101-625), which amended Title I of the Housing and Community Development Act of 1974, and Section 104(L) of Title I of the Housing and Community Development Act of 1974 as amended (42 U.S.C. §5304), City represents and warranties that it has adopted and is enforcing policies within its jurisdiction that: 7.2.1. Prohibit the use of excessive force by law enforcement agencies against any individuals engaged in nonviolent civil rights demonstrations; and 7.2.2. Enforce applicable State and local laws that prohibit any action that physically bars an entrance to or exit from, a facility or location where a nonviolent civil rights demonstration is being conducted. 7.3. Verification of Employment Eligibility. City represents that City and each Subcontractor have registered with and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If City violates this section, County may immediately terminate this Agreement for cause and City shall be liable for all costs incurred by County due to the termination. 7.4. Prohibited Telecommunications. City represents and certifies that it and its Subcontractors do not use, and throughout the Term will not provide or use, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as such terms are used in 48 CFR §§ 52.204-24 through 52.204- 26. Page 14 of 48 7.5. Representation of Authority. City represents and warrants that this Agreement constitutes the legal, valid, binding, and enforceable obligation of City, and that neither the execution nor performance of this Agreement constitutes a breach of any agreement that City has with any third party, or violates Applicable Law. City further represents and warrants that execution of this Agreement is within City’s legal powers, and each individual executing this Agreement on behalf of City is duly authorized by all necessary and appropriate action to do so on behalf of City and does so with full legal authority. 7.6. Breach of Representations. City acknowledges that County is materially relying on the representations, warranties, and certifications of City stated in this article, and County shall be entitled to exercise any or all of the following remedies if any such representation, warranty or certification is untrue: (a) recovery of all CDBG Funds paid to City under this Agreement; (b) deduction from CDBG Funds due to City under this Agreement in the full amount of any value paid in violation of a representation or warranty; and (c) termination of this Agreement without any further liability to City. 7.7. Truth-In-Negotiation Representation. City’s compensation under this Agreement is based upon its representations to County, and City certifies that the wage rates, factual unit costs, and other information supplied to substantiate City’s compensation, including without limitation those made by City during the negotiation of this Agreement, are accurate, complete, and current as of the date City executes this Agreement. City’s compensation may be reduced by County, in its sole discretion, to correct any inaccurate, incomplete, or noncurrent information provided to County as the basis for City’s compensation in this Agreement. 7.8. Public Entity Crime Act. In the event City contracts with a Subcontractor to provide any of the Services, City shall require that each Subcontractor attest that: (a) it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes; (b) its entry into the agreement with the City will not violate that statute; (c) there is no determination that it committed a “public entity crime” as defined by Section 287.133, Florida Statutes; and (d) it has not been formally charged with committing an act as defined as a “public entity crime” regardless of the amount of money involved or whether the Subcontractor has been placed on the convicted vendor list. 7.9. Scrutinized Company; Terrorist Organization; Countries of Concern. City represents that it has not been identified as a company or other entity subject to scrutiny under Sections 215.473 or 215.4725, Florida Statutes, and that it is not a terrorist organization or a member of a terrorist organization, as defined in Section 943.03102, Florida Statutes. City represents and certifies that it is not, and throughout the Term will not be, ineligible to contract with County on any of the grounds stated in Section 287.135, Florida Statutes. City represents that it is, and throughout the Term will remain, in compliance with Section 286.101, Florida Statutes. 7.10. Claims Against City. City represents and warrants that there is no action or proceeding, at law or in equity, before any court, mediator, arbitrator, governmental or Page 15 of 48 other board or official, pending or, to the knowledge of City, threatened against or affecting City, the outcome of which may (a) affect the validity or enforceability of this Agreement, (b) materially and adversely affect the authority or ability of City to perform its obligations under this Agreement, or (c) have a material and adverse effect on the consolidated financial condition or results of operations of City or on the ability of City to conduct its business as presently conducted or as proposed or contemplated to be conducted. 7.11. Section 125.595 Compliance. City represents and warrants that the Services provided under this Agreement do not constitute or relate to diversity, equity, or inclusion. City is expressly prohibited from using any funds provided by County or under this Agreement to promote diversity, equity, or inclusion initiatives, or for any program or activity that relates to diversity, equity, or inclusion. As a condition precedent for entry into this Agreement, City certifies that City does not and will not use County or municipal funds in requiring its employees, contractors, volunteers, vendors, or agents to ascribe to, study, or be instructed using materials relating to diversity, equity, and inclusion. As used herein, “diversity, equity, or inclusion” has the meaning set forth in Section 125.595(1)(b), Florida Statutes. This section does not prohibit City from engaging in any activity permitted by Section 125.595, Florida Statutes, including but not limited to any action required for compliance with state or federal laws or regulations. ARTICLE 8. GENERAL COMPLIANCE OBLIGATIONS 8.1. City shall comply with all applicable federal, state, and county laws, ordinances, codes, and regulations relating to the use of CDBG Funds, including but not limited to the general policies set forth in 24 C.F.R. Part 570.200 and all other Rules and Regulations of HUD. Any conflict or inconsistency between any federal, state, or county regulations and this Agreement shall be resolved in favor of the more restrictive regulations. 8.2. City shall comply with 24 C.F.R. 570.611 regarding conflicts of interest and shall establish safeguards to prohibit its employees or Subcontractors from using their positions for a purpose that is, or gives the appearance of being, motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other association. Any possible conflict of interest on the part of City, its officers, employees, or agents shall be disclosed in writing to County. 8.3. City shall use its own procurement procedures for the procurements of property and services. City’s procurement procedure shall comply with applicable federal, state, and local laws and regulations, including but not limited to 24 C.F.R. Parts 570.502 and 570.610, and the procurement standards set forth in 2 C.F.R. Part 200, Subpart D, including but not limited to 2 C.F.R. Part 200.321. All contracts with Subcontractors for the Project shall contain any and all applicable required contract provisions set forth in 2 C.F.R. Appendix II to Part 200. Page 16 of 48 8.4. City shall not use CDBG Funds to support or engage in any explicitly religious activities, including but not limited to worship, religious instruction, or proselytization, in compliance with 24 C.F.R. Part 570.200(j) and 24 C.F.R. Part 5.109. 8.5. City shall not use CDBG Funds to finance the use of facilities or equipment for political purposes or to engage in other partisan political activities, such as candidate forums, voter transportation, or voter registration, in compliance with 24 C.F.R. Part 570.207. 8.6. City shall not take actions designed to discourage affordable housing for sale or rent within the boundaries of County. 8.7. City shall comply with the requirements set forth in 24 C.F.R. Part 570, Subpart K, Other Program Requirements, and 24 C.F.R. Part 5, Subpart A, as applicable to the Project including but not limited to the following: 8.7.1. Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and implementing regulations at 24 C.F.R. Part 1, which prohibit discrimination of persons on the basis of race, color, or national origin, including but not limited to exclusion from participation in, being denied the benefits of, or being otherwise subjected to discrimination under any program or activity for which City receives federal financial assistance. 8.7.2. Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended by the Fair Housing Amendments Act of 1988 (42 U.S.C. 3601 et seq.), and implementing regulations at 24 C.F.R. Part 100 et seq., which prohibit discrimination of persons on the basis of race, color, religion, sex, disability, familial status, or national origin in housing practices, and which require that no action be taken that is materially inconsistent with the obligation to affirmatively further fair housing. 8.7.3. Executive Order 11063, as amended by Executive Order 12259 (Equal Opportunity in Housing Programs) and implementing regulations at 24 C.F.R. Part 107. 8.7.4. Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.), and the implementing regulations at 24 C.F.R. Part 146, which prohibit discrimination of persons on the basis of age under any program or activity for which City receives federal financial assistance. 8.7.5. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the implementing regulations at 24 C.F.R. Part 8, which prohibit discrimination of qualified individuals with disabilities in participating in, or receiving benefits and services under any program or activity for which City receives financial federal assistance. Page 17 of 48 8.7.6. Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.), which requires certain federally funded buildings and other facilities to be designed, constructed, or altered in accordance with standards that ensure accessibility to, and use by, physically handicapped persons. 8.7.7. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. 12101 et seq.), which prohibits discrimination on the basis of disability in services, programs, and activities provided by state and local government entities. 8.7.8. Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u, and the implementing regulations at 24 C.F.R. Part 75, as applicable), which provides for training, employment, contracting, and other economic opportunities for low- and very low-income persons. 8.7.9. The disclosure requirements and prohibitions set forth in 31 U.S.C. 1352 and implementing regulations set forth in 24 C.F.R. Part 87; and the requirements for funding competitions established by the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3531 et seq.). 8.7.10. The prohibitions set forth in 2 C.F.R. Part 2424 relating to the use of debarred, suspended, or ineligible contractors and participants. 8.7.11. The Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.) and the implementing regulations set forth in 2 C.F.R. Part 2429. 8.7.12. The Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4852d) and the implementing regulations set forth in 24 C.F.R. Part 35, if applicable. Notwithstanding the above, in compliance with 24 C.F.R. Part 570.503(b)(5), City does not assume County’s environmental responsibilities described in 24 C.F.R. Part 570.604, nor County’s responsibility for initiating the review process under the provisions of 24 C.F.R. Part 52. 8.8. City shall comply with the recordkeeping and reporting requirements under this Agreement, 24 C.F.R. Part 570 (including 24 C.F.R. Part 570.502, 24 C.F.R. Part 570.506, and 24 C.F.R. Part 570.507), 2 C.F.R. Part 200, and 24 C.F.R. Part 5.168, as applicable, to enable County to comply with its recordkeeping and reporting requirements set forth in 24 C.F.R. Part 570. 8.9. In addition to the reversion of assets requirements set forth in Section 9.7, property, equipment, and supplies acquired with CDBG Funds provided under this Agreement, and no longer needed for the originally authorized purpose, shall be Page 18 of 48 disposed of in the manner authorized by the Contract Administrator after City has requested disposition instructions. 8.10. City shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 C.F.R. Part 32) if CDBG Funds expended under this Agreement exceed One Hundred Thousand Dollars ($100,000). 8.11. City shall comply with the mandatory standards and policies relating to energy efficiency set forth in the State of Florida’s energy conservation plan issued in compliance with the Energy Policy and Conservation Act of 1975 (Public Law 94-163, 89 Statute 871). 8.12. In addition to the audit rights, and retention of records requirements set forth in Section 12.4, City shall provide County, HUD, and the Comptroller General of the United States, through any of their duly authorized representatives, access to any books, documents, papers, and records of City, or Subcontractors, which are directly pertinent to this Agreement for the purpose of making audits, examination, excerpts, and transcriptions. The rights of access granted under this section shall not be limited to the required retention of records period set forth in Section 12.4, and shall remain in effect for as long as the records are retained. 8.13. If applicable, City shall comply, and ensure that all Subcontractors comply, with the Section 3 requirements set forth in 24 C.F.R. Part 75, including the requirements of 24 C.F.R. Part 75.19, and shall include language applying such Section 3 requirements in any contracts or agreements for the Project. 8.14. City shall comply with the Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented in the United States Department of Labor regulations at 29 C.F.R. Part 3. 8.15. If there is any construction, alteration or repair work over Two Thousand Dollars ($2,000) financed in whole, or in part, with CDBG Funds under this Agreement, City shall, if applicable, comply with the Davis-Bacon Act (40 U.S.C. 276a-276a-7), as supplemented by the United States Department of Labor regulations (24 CFR Part 5), which requires all laborers and mechanics working on the Project be paid not less than prevailing wage rates as determined by the Secretary of Labor. County shall determine the applicability of the Davis-Bacon Act to the Project under this Agreement. ARTICLE 9 - FINANCIAL RESPONSIBILITY 9.1. City shall comply with the requirements, standards, and the applicable provisions set forth in 2 C.F.R. Part 200, “Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal Awards” and 24 C.F.R. Part 570.502. In accordance with 2 C.F.R. Part 200.101(b)(2), with the exception of the requirements set Page 19 of 48 forth in 2 C.F.R. Part 200, Subpart F, Audit Requirements, if any of the provisions of federal statutes or regulations relating specifically to the CDBG Program differ from the provisions set forth in 2 C.F.R. Part 200, the provision of the federal statutes or regulations specific to the CDBG Program shall govern. 9.2. City shall comply with the audit requirements set forth in 2 C.F.R. Part 200, Subpart F, “Audit Requirements,” and Chapter 10.550, Rules of the Auditor General, State of Florida, as applicable. The audit required under 2 C.F.R. Part 200 must be filed with County within 120 days after the close of the fiscal year of City. All CDBG Funds provided by County should be shown via explicit disclosure in the annual financial statements or the accompanying notes to the financial statements. 9.3. City shall use CDBG Funds only for eligible Project activities as specified in Exhibit A and in accordance with the Project budget set forth in Exhibit B. 9.4. In addition to County’s right to terminate this Agreement in accordance with Article 11, City shall be required to repay to County, in County’s sole discretion, any CDBG Funds determined by County or HUD to be ineligible for reimbursement under the terms of this Agreement, including but not limited to in the following events: 9.4.1. Use of any CDBG Funds for ineligible Project expenses or activities, including any overpayments by County. 9.4.2. Any CDBG Funds expended by City, or any of its Subcontractors, in violation of this Agreement. 9.4.3. Failure to complete the Project in a manner that complies with the national objectives described in this Agreement. 9.4.4. Any CDBG Funds expended under this Agreement and required to be repaid to HUD. If City is required to repay County any CDBG Funds pursuant to this section, City shall repay such funds from nonfederal resources within 30 days after the notice provided by County, and if not paid, County may, in its sole discretion, elect to withhold payment on any subsequent request for payment by City, or reduce City’s obligation to repay County by making an administrative offset against any request for payment. County, in its sole discretion, may reallocate any funds City repays to County pursuant to the terms of this Agreement to other eligible CDBG Program projects. This provision shall survive the expiration or earlier termination of this Agreement. 9.5. City shall account for “Program Income,” as defined in 24 C.F.R. Part 570.500(a), in accordance with the provisions under 24 C.F.R. Part 570.504. Any Program Income received by City after the Effective Date (as defined in Article 10) that was generated under this Agreement or any prior fiscal year CDBG Program funding agreement with County shall be returned to County in accordance with 24 C.F.R. Part 570.503(b) and Page 20 of 48 24 C.F.R. Part 570.504, relating to Program Income under the CDBG Program. Unless otherwise provided in any Rules and Regulations of HUD, County may reallocate the Program Income to City’s CDBG funding award in County’s next CDBG Program funding cycle, subject to the retention of a 20% administrative fee payable to County. 9.6. Real Property; Reversion of Assets. City shall comply with the requirements under 24 C.F.R. Parts 570.503 and 570.505, as applicable, including but not limited to the following: 9.6.1. Upon the expiration or earlier termination of this Agreement, City shall transfer to County any CDBG Funds on hand and any accounts receivable attributable to the use of CDBG Funds under this Agreement. 9.6.2. Real property under City’s control that was acquired or improved, in whole or in part, with CDBG Funds in excess of Twenty-five Thousand Dollars ($25,000) shall be used to meet one of the CDBG Program national objectives set forth in 24 C.F.R. Part 570.208 during the term of this Agreement and for a period ending 5 years after the expiration or earlier termination of this Agreement, or for such longer period of time as determined to be appropriate by County. If City fails to use CDBG Program-assisted real property in a manner that meets a CDBG national objective for the prescribed period of time, City shall pay County an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non CDBG Program funds for acquisition of, or improvement to, the property. Such payment shall constitute Program Income to County. 9.7. Disposition of Equipment. City shall comply with requirements for use and disposition of equipment acquired in whole, or in part, with CDBG Funds under this Agreement in accordance with 2 C.F.R. Part 200.313; except that, pursuant to 24 C.F.R. Part 570.502(a)(8), if equipment is sold, the proceeds shall be Program Income. ARTICLE 10. TERM OF AGREEMENT This Agreement begins retroactively on October 1, 2024 (“Effective Date”) and continues through December 15, 2026 (“Initial Term”), unless otherwise terminated or extended as provided in this Agreement. The Initial Term and any extension to it are collectively referred to as the “Term.” City may submit a written request for an extension to the term of this Agreement to the Contract Administrator no less than 120 days prior to the expiration date of this Agreement. If the Contract Administrator approves an extension to the term of this Agreement, the Parties shall enter into an amendment as provided in Section 12.18. ARTICLE 11. TERMINATION Page 21 of 48 11.1. This Agreement is subject to the availability of CDBG Program funding from HUD. If HUD terminates, suspends, discontinues, or substantially reduces the CDBG Funds available for the Project activity under this Agreement, as determined in County’s sole discretion, County may terminate this Agreement upon City’s receipt from County of no less than 24 hours’ notice. 11.2. Termination for Cause. 11.2.1This Agreement may be terminated for cause by County, at the discretion of and through the County Administrator if City fails to comply with any terms under this Agreement and has not corrected the breach within 10 days after receipt of written notice from the County identifying the breach. Any notice of termination provided by County pursuant to this section shall also provide City with an opportunity to appeal the action, and a copy of the appeal process shall be attached to the notice. City may file an appeal within 5 days after receipt of County’s notice of termination. 11.2.2 This Agreement may be terminated for cause by County for reasons including, but not limited to, any of the following: (i) City’s failure to meet any of the project deadlines set forth in Exhibit C, within 45 days after the applicable deadline; (ii) City’s repeated submission (whether negligent or intentional) for payment of false or incorrect bills or invoices; (iii) City’s failure to comply with Applicable Law, including the Rules and Regulations of HUD; (iv) City’s failure to repay County as provided for in Section 9.5; (v) City’s failure to comply with the monitoring and reporting requirements of this Agreement, including the requirements of Section 3.4; (vi) City’s material breach of the representations and warranties set forth in Article 7; (vii) City’s contracting with a Subcontractor who has been debarred, suspended, or is otherwise excluded from, or ineligible for participation in, any federal assistance program subject to 2 C.F.R. Part 2424; (viii) if a Subcontractor is a “scrutinized company” pursuant to Section 215.473, Florida Statutes or is placed on a “discriminatory vendor list” pursuant to Section 287.134, Florida Statutes, or upon the occurrence of any of the grounds set forth in Section 287.135, Florida Statutes. 11.2.3 If this Agreement is terminated by County for cause, City shall repay to County any CDBG Funds determined by County to be due in accordance with Section 9.5. County may, in its sole discretion, reduce City’s obligation to repay County by making an administrative offset against any requests by City for payment up to the effective date of termination as provided in Section 11.4. If County erroneously, improperly, or unjustifiably terminates this Agreement for cause, such termination shall be deemed a termination for convenience pursuant to section 11.3 effective 30 days after such notice was provided. Page 22 of 48 11.3. Termination for Convenience; Other Termination. This Agreement may be terminated for convenience by the County with at least 30 days’ advance written notice to City. County Administrator is hereby authorized to terminate this Agreement for convenience on behalf of the County. City acknowledges that it has received good, valuable and sufficient consideration for County’s right to terminate this Agreement for convenience including in the form of County’s obligation to provide advance written notice to City of such termination in accordance with this section. This Agreement may also be terminated by the County Administrator upon such notice as the County Administrator deems appropriate under the circumstances if the County Administrator determines that termination is necessary to protect the public health, safety, or welfare. 11.4. If this Agreement is terminated for any reason, County may, in County’s sole discretion, reimburse City upon receipt of a Request for Payment, utilizing the form provided in Exhibit E, for documented and committed eligible Project expenses, in accordance with the terms of this Agreement and Exhibit B, incurred by City prior to the date either party provides written notice of termination to the other party. For purposes of this Agreement, a documented and committed eligible Project expense means any verifiable committed expense, including but not limited to a purchase order for payment of materials and supplies, executed by City or Subcontractor on City’s behalf, for Project activities under this Agreement. Notwithstanding the above, City shall not expend, or commit to expend, any funds for eligible Project expenses under this Agreement after either party provides written notice of termination to the other party. Any payment by County pursuant to this section is subject to the repayment provisions in Section 9.5, and County shall not be required to reimburse City for any or all of the CDBG Funds requested by City where County has determined that City failed to complete the Project in a manner complying with this Agreement or the Rules and Regulations of HUD. 11.5. Notice of suspension or termination of this Agreement shall be provided in accordance with the “Notices” section of this Agreement except that notice of termination by the County Administrator to protect the public health, safety, or welfare may be oral notice that shall be promptly confirmed in writing. 11.6. If this Agreement is terminated for any reason, any amounts due City shall be withheld by County until all Documents and Work are provided to County pursuant to Section 12.1. 11.7. In addition to any termination rights stated in this Agreement, County shall be entitled to seek any and all available contractual or other remedies available at law or in equity, including recovery of costs incurred by County due to City’s failure to comply with any term(s) of this Agreement. ARTICLE 12 - MISCELLANEOUS 12.1. Rights in Documents and Works. Any and all reports, photographs, surveys, documents, materials, or other work created by City specifically for County in connection with performing Services, whether finished or unfinished (“Documents and Page 23 of 48 Work”), shall be owned by County, and City hereby transfers to County all right, title, and interest, including any copyright or other intellectual property rights in or to the Documents and Work, and shall provide any documentation necessary to effectuate such transfer. Unless otherwise expressly stated herein, County has the right to use, reproduce, modify, distribute, and publicly display the Documents and Work, in whole or in part, in any medium and for any purpose, in perpetuity and without restriction. City represents and warrants that it has all necessary legal rights to provide the Documents and Work and to grant County the rights stated in this Agreement. City must deliver the Documents and Work to the Contract Administrator within 10 business days after expiration or termination of this Agreement. Any compensation due to City may be withheld until all Documents and Work are provided as set forth herein. City shall ensure that the requirements of this section are included in all of City’s agreements with all Subcontractor(s). 12.2. Nondiscrimination. City and Subcontractors shall not discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, pregnancy, or any other basis prohibited by Applicable Law in the performance of this Agreement. City shall include the foregoing or similar language in its contracts with all Subcontractors, except that any project assisted by the U.S. Department of Transportation funds shall comply with the nondiscrimination requirements in 49 C.F.R. Parts 23 and 26. 12.3. Public Records. Notwithstanding any other provision in this Agreement, any action taken by County in compliance with, or in a good faith attempt to comply with, the requirements of Chapter 119, Florida Statutes, shall not constitute a breach of this Agreement. City shall comply with all applicable requirements of Chapter 119, Florida Statutes, including the requirements of Section 119.0701. 12.4. Audit Rights and Retention of Records. County shall have the right to audit the books, records, and accounts of City and all Subcontractors that are related to this Agreement. City and its Subcontractors shall keep such books, records, and accounts as may be necessary to record complete and correct entries related to this Agreement and performance under this Agreement. All such books, records, and accounts shall be kept in written form, or in a form capable of conversion into written form within a reasonable time; upon request, by County, City and all Subcontractors shall make same available to County in written form at no cost and allow County to make copies. City shall provide County with reasonable access to City’s facilities, and County shall be allowed to interview all employees to discuss matters pertinent to the performance of this Agreement. City and all Subcontractors shall preserve and make available, at reasonable times within Broward County, Florida for examination and audit, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for at least 4 years after expiration or termination of this Agreement, or until resolution of any audit findings, whichever is longer. This section shall survive any dispute or litigation between the Parties, and City expressly acknowledges and agrees Page 24 of 48 to be bound by this section throughout the course of any dispute or litigation with County. City must comply with the records retention requirements set forth in 24 C.F.R. Part 570.502(a)(7)(i). Any audit or inspection pursuant to this section may be performed by any County representative (including any outside representative engaged by County). City hereby grants County the right to conduct such audit or review at City’s place of business, if deemed appropriate by County, with 72 hours’ advance notice. City shall make all such records and documents available electronically in common file formats, and/ or via remote access if, and to the extent, requested by County. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for County’s disallowance and recovery of any payment based upon such entry. City shall refund to County any overcharged amount identified as a result of an audit or inspection, regardless of the amount of the overcharge. If the overcharge exceeds 5% of the total contract charges audited or billings reviewed by County, City shall make adjustments for the overcharges, or inspection. Any adjustments or payments due as a result of such audit or inspection must be made within 30 days after presentation of County’s findings to City. City shall ensure that the requirements of this section are included in all agreements with all Subcontractors. 12.5. Sovereign Immunity. Except to the extent sovereign immunity may be deemed to be waived by entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by either County or City nor shall anything included herein be construed as consent by either County or City to be sued by third parties in any matter arising out of this Agreement. Both County and City are political subdivisions as defined in Section 768.28, Florida Statutes, and each shall be responsible for the negligent or wrongful acts or omissions of their employees pursuant to Section 768.28, Florida Statutes. 12.6. Independent Contractor. City is an independent contractor of County and nothing in this Agreement shall constitute or create a partnership, joint venture, or any other relationship between the Parties. In providing the Project, neither City nor its agents shall act as officers, employees, or agents of County. City shall not have the right to bind County to any obligation not expressly undertaken by County under this Agreement. 12.7. Third Party Beneficiaries. Neither City nor County intends to primarily or directly benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 12.8. Notice and Payment Address. Unless otherwise stated herein, for notice to a Party to be effective under this Agreement, notice must be sent via U.S. first-class mail, hand delivery, or commercial overnight delivery, each with a contemporaneous copy via email, to the addresses listed below and shall be effective upon mailing or hand delivery Page 25 of 48 (provided the contemporaneous email is also sent). Payments shall be made to the noticed address for City. A Party may change its notice address by giving notice of such change in accordance with this section. FOR COUNTY: Broward County and Urban Planning Division Attn: Darby Delsalle, Director 110 N.E. 3rd Street, Third Floor Fort Lauderdale, Florida 33301 Email: ddelsalle@broward.org FOR CITY: City of Dania Beach Attn: Candido Sosa-Cruz, City Manager 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Email: csosacruz@daniabeachfl.gov 12.9. Subcontracting; Assignment. All Subcontractors must be expressly identified in this Agreement or otherwise approved in advance and in writing by County’s Contract Administrator. Except for approved subcontracting, neither this Agreement nor any right or interest in it may be assigned, transferred, subcontracted, or encumbered by City without the prior written consent of County. Any assignment, transfer, encumbrance, or subcontract in violation of this section shall be void and ineffective, constitute a breach of this Agreement, and permit County to immediately terminate this Agreement, in addition to any other remedies available to County at law or in equity. County reserves the right to condition its approval of any assignment, transfer, encumbrance, or subcontract upon further due diligence and an additional fee paid to County to reasonably compensate it for the performance of any such due diligence. 12.10. Confidential Information; Generative Artificial Intelligence. Unless expressly authorized in this Agreement or in writing in advance by the Contract Administrator, City is strictly prohibited from disclosing, uploading, or otherwise making available to third parties, directly or indirectly, including but not limited to through utilization of generative artificial intelligence tools, any exempt, confidential, sensitive security, or personal information of County. City must ensure that any use of generative artificial intelligence tools by City or its Subcontractors does not involve the disclosure of exempt, confidential, sensitive security, or personal information, including without limitation for large language model learning or training. City must implement and maintain appropriate technological and operational safeguards to ensure compliance with the obligations of this section. To the extent requested by County, City shall promptly investigate and provide a written report to County regarding any use of generative artificial intelligence by City or its Subcontractors in connection with the Services that County reasonably determines adversely impacts County, and shall use commercially reasonable efforts to promptly remediate any actual adverse impact to County and discontinue or modify such use to prevent further adverse impact. Page 26 of 48 12.11. Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term. County’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of this Agreement. To be effective, any waiver must be in writing and signed by an authorized signatory of the Party granting the waiver. 12.12. Compliance with Laws. City and the Project must comply with all Applicable Law, including, without limitation, the Rules and Regulations of HUD and any related federal, state, or local laws, rules, and regulations, the Americans with Disabilities Act, 42 U.S.C. § 12101, Section 504 of the Rehabilitation Act of 1973, and the requirements of any applicable grant agreements, and all deliverables provided for online utilization must meet or exceed the World Wide Web Consortium/Web Content Accessibility Guidelines (WCAG) 2.2 Level AA standard or any higher standard required by Applicable Law. 12.13. Severability. If any part of this Agreement is found to be unenforceable by any court of competent jurisdiction or contrary to Applicable Law, that part shall be deemed severed from this Agreement and the balance of this Agreement shall remain in full force and effect. 12.14. Joint Preparation. This Agreement has been jointly prepared by the Parties and shall not be construed more strictly against either Party. 12.15. Interpretation. The titles and headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include any other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as “herein,” refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a section or article of this Agreement, such reference is to the section or article as a whole, including all subsections thereof, unless the reference is made to a particular subsection or subparagraph of such section or article. Any reference to “days” means calendar days, unless otherwise expressly stated. Any reference to approval by County shall require approval in writing, unless otherwise expressly stated. 12.16. Priority of Provisions. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any document or exhibit attached to, referenced by, or incorporated in this Agreement and any provision within an article or section of this Agreement, the article or section shall prevail and be given effect. If there is a conflict between any provisions set forth in this Agreement and a more stringent state or Page 27 of 48 federal provision which is applicable to this Agreement, the CDBG Funds, or the Project, the more stringent state or federal provision shall prevail. 12.17. Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The exclusive venue for any lawsuit arising from, related to, or in connection with this Agreement shall be in the state courts of the Seventeenth Judicial Circuit in and for Broward County, Florida. If any claim arising from, related to, or in connection with this Agreement must be litigated in federal court, the exclusive venue for any such lawsuit shall be in the United States District Court or United States Bankruptcy Court for the Southern District of Florida. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. 12.18. Amendments. Unless expressly authorized herein, no modification, amendment, or alteration of any portion of this Agreement is effective unless contained in a written document executed with the same or similar formality as this Agreement and by duly authorized representatives of County and City. The County Administrator is hereby authorized to execute amendments that extend the term of the Agreement, or that change the Project, so long as the Project, as amended, consists of eligible activities under 24 C.F.R. Part 570. The Contract Administrator is hereby authorized to approve, in writing, line item budget changes to the information set forth in Exhibit B during the term of this Agreement, and for 60 days after expiration or earlier termination of this Agreement, in order to reconcile City’s expenditures of CDBG Funds, provided such changes do not result in an increase in the total amount of the CDBG Funds. The written document from the Contract Administrator approving such changes shall be deemed incorporated into this Agreement. 12.19. Prior Agreements. This Agreement represents the final and complete understanding of the Parties regarding the subject matter of this Agreement and supersedes all prior and contemporaneous negotiations and discussions regarding same. All commitments, agreements, and understandings of the Parties concerning the subject matter of this Agreement are contained herein. 12.20. Payable Interest. 12.20.1. Payment of Interest. Unless prohibited by Applicable Law, County shall not be liable for interest to City for any reason, whether as prejudgment interest or for any other purpose, and City waives, rejects, disclaims, and surrenders any and all entitlement to interest in connection with a dispute or claim arising from, related to, or in connection with this Agreement. 12.20.2. Rate of Interest. If the preceding subsection is inapplicable or is determined to be invalid or unenforceable by a court of competent jurisdiction, the annual rate of interest payable by County under this Page 28 of 48 Agreement, whether as prejudgment interest or for any other purpose, shall be, to the full extent permissible under Applicable Law, 0.25% simple interest (uncompounded). 12.21. Survival. County’s right to monitor, evaluate, enforce, audit, and review, any obligations by City to indemnify and insure, any representations and warranties of City, and items of financial responsibility shall survive the expiration or earlier termination of this Agreement. Any provision of this Agreement that contains a restriction or requirement which extends beyond the date of termination or expiration set forth herein shall survive expiration or earlier termination of this Agreement and be enforceable. 12.22. Further Assurance. The Parties shall execute, acknowledge, deliver, and cause to be done, executed, acknowledged, and delivered all such further documents and perform such acts as shall reasonably be requested of them to carry out this Agreement and give effect hereto, and as may be required to comply with the Rules and Regulations of HUD or any other applicable federal, state, or local laws, regulations, directives, and objectives. Accordingly, without in any manner limiting the specific rights and obligations set forth in this Agreement, the Parties intend to cooperate with each other in effecting the terms of this Agreement. 12.23. Force Majeure. If the performance of this Agreement, or any obligation hereunder is prevented by reason of hurricane, earthquake, or other casualty caused by nature, or by labor strike, war, or by a law, order, proclamation, regulation, or ordinance of any governmental agency, the party so affected, upon giving prompt notice to the other Party, shall be excused from such performance to the extent of such prevention, provided that the Party so affected shall first have taken reasonable steps to avoid and remove such cause of non-performance and shall continue to take reasonable steps to avoid and remove such cause, and shall promptly notify the other Party in writing and resume performance hereunder whenever such causes are removed; provided, however, that if such non-performance exceeds 60 days, the Party that is not prevented from performance by the force majeure event shall have the right to terminate this Agreement upon written notice to the Party so affected. This section shall not supersede or prevent the exercise of any right the Parties may otherwise have to terminate this Agreement. 12.24. Incorporation by Reference. Any and all Recital clauses stated above are true and correct and are incorporated in this Agreement by reference. The attached Exhibits are incorporated into and made a part of this Agreement. If City is unable to access any linked form, City may contact the Contract Administrator to obtain a copy of the applicable form. City’s inability to electronically access any linked form does not modify or excuse any contract obligation of City. County reserves the right to update linked forms if and to the extent necessary to comply with Applicable Law. 12.25. Multiple Originals and Counterparts. This Agreement may be executed in multiple originals or in counterparts, whether signed physically or electronically, each of which Page 29 of 48 shall be deemed to be an original, and all of which, taken together, shall constitute one and the same agreement. 12.26. Use of County Name or Logo. City shall not use County’s name or logo in any marketing or publicity materials without prior written consent from the Contract Administrator. 12.27. Conflicts. Neither City nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with City’s loyal and conscientious exercise of judgment and care related to its performance under this Agreement. During the term of this Agreement, none of City’s officers or employees shall serve as an expert witness against County in any legal or administrative proceeding in which they or City is not a party, unless compelled by legal process. Further, such persons shall not give sworn testimony or issue a report or writing as an expression of such person’s expert opinion that is adverse or prejudicial to the interests of County in connection with any such pending or threatened legal or administrative proceeding unless compelled by legal process. The limitations of this section shall not preclude City or any persons in any way from representing themselves, including giving expert testimony in support of such representation, in any action or in any administrative or legal proceeding. If City is permitted pursuant to this Agreement to utilize Subcontractors to perform Services required by this Agreement and funded with CDBG Funds under this Agreement, City shall require such Subcontractors, by written contract, to comply with the provisions of this section to the same extent as City. 12.28 Entities of Foreign Concern. The provisions of this section apply only if this Agreement provides access to an individual’s personal identifying information. By execution of this Agreement, the undersigned authorized representative of each Party hereby attests under penalty of perjury as follows: such Party is not owned by the government of a foreign country of concern, is not organized under the laws of nor has its principal place of business in a foreign country of concern, and the government of a foreign country of concern does not have a controlling interest in such Party; and the undersigned authorized representative of each Party declares that they have read the foregoing statement and that the facts stated in it are true. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. (Remainder of Page Intentionally Left Blank) Page 30 of 48 IN WITNESS WHEREOF, the Parties have made and executed this Agreement: Broward County, through its Board of County Commissioners, signing by and through its County Administrator, authorized to execute same by Board action on the 10th day of December, 2024 (Agenda Item No. 46), and City of Dania Beach, signing by and through its Mayor or Vice Mayor, duly authorized to execute same. COUNTY BROWARD COUNTY, by and through its County Administrator By: _________________________ Monica Cepero ____ day of ______________, 2026 Approved as to form by Andrew J. Meyers Broward County Attorney By: ____________________________ Karina D. Rodrigues (Date) Assistant County Attorney By: _____________________________ Annika E. Ashton (Date) Deputy County Attorney KDR/ST/sr 50s Yr CDBG – City of Dania Beach Capital Project 08/14/2026 iManage #1234401v1 Page 31 of 48 AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR FUNDING AND ADMINISTRATION OF 50TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR NORTHWEST OASIS NEIGHBORHOOD IMPROVEMENT PROJECT PHASE XVII (CFDA # 14.218 / FAIN # B-24-UC-12-001) CITY CITY OF DANIA BEACH ATTEST: By: CITY MAYOR _______________________________ CITY CLERK Print Name _____ day of __________, 2026 I HEREBY CERTIFY that I have approved this Agreement as to form and legal sufficiency subject to execution by the parties: City Attorney Page 32 of 48 EXHIBIT A PROJECT DESCRIPTION Fiscal Year: FY 2024-2025 (50th Year) Project Name: Northwest Oasis Neighborhood Improvement Project (Phase 17) City of Dania Beach CDBG Fund Allocation: $180,472 Project Description: CDBG Funds in the amount of One Hundred Eighty Thousand, Four Hundred Seventy- Two Dollars ($180,472) shall be used to support the City of Dania Beach’s ongoing safety and infrastructure improvement initiative, in accordance with CDBG guidelines. The proposed project, Northwest Oasis Neighborhood Improvement Project Phase 17, is part of a citywide initiative aimed at improving neighborhood livability through a safer public infrastructure. This phase includes the installation of pervious paver aprons and parking areas within the public right-of-way. These pervious pavers contribute to flood control by allowing stormwater to infiltrate the ground, thereby reducing runoff and improving drainage. Additional improvements include the installation of street and traffic signs, construction of new and replacement sidewalks, curbing, and ADA-compliant crosswalks with ramps. The project will also provide pedestrians safety and street lighting. Specific estimated improvements include up to 6,300 linear feet of paver blocks, 63 paver block driveway aprons, traffic signs, and street signs. The Project is in the CDBG Target Area in Census Tracts 804.05 – Block Group 2. As applicable, the City shall comply with the Build America, Buy America Act (Pub. L. 117-58) and its implementing regulations at 2 C.F.R. Part 184, which generally requires the use of U.S.-produced materials in certain federally funded projects, and all applicable implementing regulations and HUD guidance, as stated in more detail in Section 3.15 of the Agreement. CDBG HUD National Objective: 24 CFR Part 570.208(a)(1), Area Benefit Activities Page 33 of 48 Federal Award Identification Information as required by 2 C.F.R. Part 200.332(a) Subrecipient name: City of Dania Beach Subrecipient Unique Entity Identifier: U56KXBHZUBK9 Federal Award Identification Number (FAIN): B-24-UC-12-0001 Federal Award Date: September 10, 2024 Subaward Period of Performance Start and End Date: See timeline in Exhibit C. Subaward Budget Period Start and End Date: See timeline in Exhibit C. Amount of Federal Funds Obligated by this action by County to Subrecipient: See Exhibit B. Total Amount of Federal Funds Obligated to Subrecipient by County, including the current financial obligation: $180,472; Amount includes only federal funds from County’s fiscal year 2024-2025 Annual Action Plan. Total Amount of the Federal Award committed to Subrecipient by County: See Exhibit B Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA): See Exhibit A for the project description. Name of Federal Awarding Agency, pass-through entity, and contact information for awarding official of the Pass-through entity: Federal Awarding Agency: United States Department of Housing and Urban Development. Pass-through Entity: Broward County. Contact Information for awarding officials of the pass-through entity: See Section 12.8 of this Agreement. Assistance Listings number and Title: CFDA 14.218 – Community Development Block Grants/Entitlement Grants; The dollar amount made available under each Federal Award and CFDA at the time of disbursement: CFDA 14.218 - For amount see Exhibit B. Identification of whether the award is R&D: No Indirect cost rate for the Federal award: N/A Page 34 of 48 ATTACHMENT 1 to EXHIBIT A Project Area and Census Tract Info from most current web site data Page 35 of 48 Project Area Oasis Neighborhood Improvements: Between SW 27th Avenue and SW 28th Avenue • SW 46TH Place/ SW 27th Terrace (15 homes) • SW 46th Court (24 homes) • SW 47th Street (24 homes) Page 36 of 48 EXHIBIT B BUDGET Each cost category below reflects the proposed amount necessary to complete the Project by funding source(s). Cost Category (1) CDBG (2) Non-CDBG (3) Other Total A.Salary & Fringe Benefits -$ -$ -$ -$ B.Travel -$ -$ -$ -$ C.Equipment -$ -$ -$ -$ D.Supplies -$ -$ -$ -$ E.Contractual Services -$ 20,000.00$ -$ 20,000.00$ F.Construction 180,472.00$ 180,000.00$ -$ 360,472.00$ G.Other -$ -$ -$ -$ H.Total 180,472.00$ 200,000.00$ -$ 380,472.00$ Funding Sources BUDGET NARRATIVE Total Project Budget: $380,472 • CDBG Construction Funds: $180,472 • Non-CDBG Construction Funds (Local Dollars): $180,000 • Non-CDBG Contractual Services (Design Consultant): $20,000 CDBG Construction Funds – $180,472 CDBG funds will be used exclusively for eligible construction activities that benefit low- to-moderate income (LMI) residents within the project area. These activities fall within the scope of public infrastructure improvements as defined by 24 C.F.R. 570.201(c). Costs listed below are interchangeable, allowing for flexible reallocation without the need for a budgetary line-item change. Page 37 of 48 Breakdown of CDBG-Funded Construction Tasks: Activity Description Driveway Aprons pavers at residential driveways within the right- of-way. These serve as both beautification and drainage control features. Sidewalk Installation/Replacement Up to 400 linear feet of new or replaced sidewalks to improve pedestrian safety and ADA Curb Ramps enhance accessibility and meet federal Street & Traffic Signs wayfinding, safety, and neighborhood aesthetics. Pedestrian & Street Lighting enhancements to existing street lighting for safety. Non-CDBG Construction Costs – $180,000 (Funded with Local Dollars) Local funds supplement the construction scope by supporting additional infrastructure not covered by CDBG dollars, including: Activity Areas -way features beyond the limits of CDBG funding. Drainage Modifications -mitigating Enhanced Lighting Fixtures Contingency & Mobilization Page 38 of 48 Non-CDBG Contractual Services – $20,000 (Funded with Local Dollars) These funds are allocated for professional design and consulting services, including: • Site evaluation and community meeting support • Preparation of construction documents, specifications, and detailed cost estimates • Coordination of ADA and stormwater compliance • Preparation of bid packages • Construction administration Summary This project leverages federal and local funding to maximize neighborhood impact while remaining compliant with CDBG eligibility and national objectives. The majority of funds are invested in pervious paver driveway aprons, which not only enhance aesthetics and property access but also support stormwater management and climate resilience. The combination of CDBG and non-CDBG funds allows for a holistic approach to infrastructure upgrades, community engagement, and long-term neighborhood benefit. Allowable Cost for U.S. HUD Share of Budget Federal cost principles for grants and contracts with state and local governments are set forth in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which contains a series of principles governing the allowability of various types of costs under federal grants and contracts. General information concerning the cost principles is summarized below. The following types of costs are specifically unallowable: (A) the solicitation of bids for goods and services. (B) Bad debts. (C) Contingencies. (D) Contribution and donations. (E) Entertainment. (F) Fines and penalties. (G) Interest. (H) Losses on other grants or contracts. Page 39 of 48 Most other categories of cost are generally allowable under the cost principles provided the costs are allowable and reasonable. General comments on individual cost elements are listed below: Personnel (Salary) costs are generally allowable provided they are based on actual current salaries adjusted for any anticipated cost-of-living or merit increases during the grant period. Salary costs for unidentified new employees must be consistent with the City's overall employee compensation structure. City's compensation policy should not change as a result of obtaining a federal grant. Fringe Benefit costs such as pay for vacations, holidays, sick leave, employee insurance, and unemployment benefits are allowable to the extent required by law or established organizational policy. Travel costs consistent with established organizational policy are generally allowable. The difference between first class and coach air fare is specifically unallowable. In the absence of established organizational travel policy, it is a good practice to adopt policies consistent with the federal travel regulations. Equipment costs should be based on the least cost method of acquisition (rent, purchase, lease with option to buy) over the grant period as demonstrated by competitive bidding. Equipment costs are only allowable to the extent the equipment is directly necessary to accomplish the grant. The cost of equipment not fully utilized under the grant must be allocated to other organization costs to assure a fair share distribution. Whenever practical, used equipment should be considered in meeting equipment needs. Material/Supplies cost directly associated with the Project is allowable. Prices must generally be justified through competitive bids except for nominal purchases. Subcontracts/Contractual Services must be awarded on a competitive basis except in extraordinary circumstances. The same principles applicable to individual cost principles for grantees are generally applicable to cost-reimbursement type subcontracts under grants. Consultant agreements should include a certification by the consultant that the consultant rate is equal to or less than the lowest rate the consultant accepts for comparable work. Additionally, Congress prohibits the salary component of consultant fees under HUD grants from exceeding the applicable approved rate schedule. Construction costs include construction of new buildings, structures, or other real property as well as alteration or repair of existing structures. Construction costs should be supported by detailed cost estimates and competitive bidding. Consult with the Page 40 of 48 Housing and Urban Planning Division's Compliance Officer on applicability of the Davis- Bacon Wage determination to the Project. Other costs include all types of direct costs not specified above. Normally, such costs include space, telephone, utilities, printing, and other basic operating expenses. Leverage is that which the municipality or non-profit organization brings to the Project. It may be in the form of services or contributed operating expenses (in-kind contributions) or cash support from the organization itself or from other sources. Remainder of Page Intentionally Left Blank Page 41 of 48 EXHIBIT C PROJECT TIMELINE The table below lists the main work tasks required to complete Project objectives before the term of the Agreement expires. The table below lists the main work tasks required to complete Project objectives before the term of the Agreement expires. Work Task Start-Up Date Date of Completion Design plans and specifications 10/01/2024 06/30/2025 Advertisement and issue invitation to bid 05/27/2026 06/27/2026 Pre-Bid meeting 06/08/2026 06/22/2026 Bid opening, selection, and award 6/28/2026 07/15/2026 City Commission to award contract 07/16/2026 07/31/2026 pre-construction meeting, 08/01/2026 08/17/2026 Construction (CDBG Area) 08/18/2026 09/30/2026 Punch list items 09/15/2026 09/30/2026 Completion of construction 09/15/2026 09/30/2026 Monthly Reports and Final Report *05/08/2026 12/15/2026 *Monthly reporting starts on May 8, 2026, because project was temporarily on hold. Page 42 of 48 EXHIBIT D MONTHLY PROGRESS REPORT Reporting Period: ____________________ Date Report Prepared: ____________________ A. Project Information: Agency Name City of Dania Beach Person Preparing the Report Job Title Signature Project Name (Phase 17) applicable) B.1 Project Cost $ 380,472.00 -$ 0% $ 200,000.00 -$ -$ 0% $ 180,472.00 -$ -$ 0% $ - -$ -$ -$ 0% B.2 Declaration of Agency Budget Changes Program Income: _______________________________________________________ Source of Program Income: _______________________________________________ Page 43 of 48 B.3 Other Grant Awards Date(s): _____________________ Dollar Amount(s): _________________________ Funding Source(s): Funding Contact Person(s): _____________________________ B.4 Describe attempts to secure additional funding: B.5 Percent of Project completed to date: _______ % B.6 Anticipated Changes in Staffing: 1. Office Hours: ______________________________________________ 2. Resignations: ______________________________________________ 3. Part-time or Full-time Employee(s): __________________________________________________________ C.1 Brief Project Description and Project Location (if applicable, include homeowner's name and address, general scope of work performed, and associated expenses): C. 2. Describe specific work tasks and status completed this reporting period: C.3. Describe success or problems encountered with the Project: C.4. Anticipated problems or concerns with the Project. Please identify technical assistance needed and/or requested from the staff of the Housing and Urban Planning Division. C.5. Anticipated advertisements and/or other contractual services. If so, have the staff of the Housing and Urban Planning Division been advised and appropriate steps taken to ensure compliance? C.6. If applicable, please complete the information on the following Direct Benefit Form for all program participants. Page 44 of 48 Service Area is City or County-Wide *Area Benefit Data County Code Census tracts Block Groups Total Number Low/Mod: Total Low/Mod Universe Population Low/Mod Percentage LMISD Date: Total 0 0 %Low/Mod: 0.00% Determined by: HUD Funds Source of Funds Amount CDBG Other Funds Amount Source of Funds State/Local Funds Private Funds Other Federal: (Explain Source) Other: (Explain Source) Activity Costs (HUD + Other Funds)Amount Total $0.00 Grant/Loan Assistance Grants Loans Loan(s) provided Accomplishment Program FY *FY for which accomplishment is being reported Accomplishment Narrative Accomplishment Accomplishment Type Proposed Units Actual Units Public Facilities & Infrastructure Total Persons Assisted: Of the Total Persons, Number of:Number of Persons Total EXHIBIT D DIRECT BENEFIT DATA Enter the number of grants or loans provided to beneficiaries of this activity Page 45 of 48 D. Program Objectives * Work Tasks Projected Yearly Total/ Performance Monthly Progress Reports Progress Yr-To-Date Supporting Documentation Design Plans and Specifications 1 Specs and Pre-Bid Meeting 1 (Sun Sentinel), Pre-bid Meeting Sign in Sheet, Selection, and Award 1 Request to BC-HFD to approve award of selected/recommende Contract Execution, Pre-Construction Meeting, Construction 1 applicable), Copy of Contract, pre-construction Meeting/sign in sheet(s), Notice to 1 Punch out list (task(s) that must be completed before Completion of Construction 1 Completion, Lien Releases, Cancelled Checks and/or Bank Ledger, Final Inspection, Final Release of Lien Request for (Exhibit “D”) * Work Tasks as listed in the Exhibit C (Project Timeline) of the Agreement. Page 46 of 48 EXHIBIT E REQUEST FOR PAYMENT Community Development Block Grant Program 50th Year Program Contract Period: October 1, 2024 to December 15, 2026 -$ Salary and Fringes -$ 0% Contractual -$ 0% Supplies -$ 0% Equipment Travel -$ 0% Other -$ 0% Total Expenditures -$ -$ -$ 0% -$ -$ 100% Telephone Number: Page 47 of 48 -$ Total Request for Reimbursement 8. Certification: I certify that Items 1 - 7 of this billing are correct and just and are based upon obligation(s) of record for the Project; that the work and services are in accordance with the Broward County approved Agreement, including any amendments thereto; and that the progress of the work and services under the Agreement for the Project are satisfactory and are consistent with the amount billed. _________________________________________________ ____________________________ Signature and Title of Authorized Official Date City of Dania Beach Public Services Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Candido Sosa-Cruz, ICMA-CM, City Manager VIA: Oscar Vasquez, Public Services Director Carlos Escalante, Public Services Deputy Director SUBJECT: APPROVAL TO ENTER INTO AGREEMENTS WITH FRIENDLY JOHN, DOODIE CALLS, AND UNITED SITE RENTALS FOR PORTABLE TOILET AND RESTROOM TRAILER SERVICES Request: The Public Services Department (PSD) requests approval to enter into agreements with Friendly John, Doodie Calls, and United Site Rentals for portable toilet, portable restroom, and restroom trailer rental services pursuant to Invitation to Bid ITB No. 26-018 (Re-Bid), “Portable Toilet and Restroom Trailer.” Background: The City issued Invitation to Bid ITB No. 26-018 (Re-Bid) to establish agreements with qualified vendors for the provision of portable toilet, portable restroom, and restroom trailer rental services on an as-needed basis. These services are necessary to support City-sponsored events, recreational programs, public gatherings, emergency response activities, and other operational needs requiring temporary restroom facilities. The agreements will allow the City to obtain temporary restroom facilities on an as-needed basis, including portable toilets, ADA-compliant portable restroom units, and air-conditioned restroom trailers. Services will include furnishing, delivery, setup, permitting, maintenance, servicing, cleaning and sanitizing, routine pump-out, replenishment of necessary supplies, and removal or replacement of units as needed. PSD anticipates that the primary use of these agreements will be for portable restroom rentals at the City’s beach, where additional restroom facilities are needed to accommodate residents and visitors, and increased public activity. The agreements will also provide the City with the flexibility to obtain temporary restroom facilities for City-sponsored events, recreational programs, emergency operations, and other municipal activities as needed. Budgetary Impact Services obtained under the agreements will be funded through the respective department’s approved annual operating budget. No additional budget appropriation is required as a result of entering into these agreements. Recommendation The Public Services Department recommends approval of the Resolution authorizing the City Manager to enter into agreements with Friendly John, Doodie Calls, and United Site Rentals pursuant to ITB No. 26-018 (Re-Bid), “Portable Toilet and Restroom Trailer.” Entering into these agreements will provide the City with reliable access to temporary restroom facilities on an as-needed basis. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AGREEMENTS WITH FRIENDLY JOHN, DOODIE CALLS, AND UNITED SITE RENTALS FOR PORTABLE TOILET, PORTABLE RESTROOM, AND RESTROOM TRAILER RENTAL SERVICES PURSUANT TO INVITATION TO BID NO. 26-018 (RE-BID), ENTITLED “PORTABLE TOILET AND RESTROOM TRAILER,” WHICH AGREEMENTS MAY EXCEED THE ANNUAL VENDOR THRESHOLD OF FIFTY THOUSAND DOLLARS ($50,000.00); PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. the City, issued Invitation to Bid ITB No. 26-018 (Re-Bid), entitled “Portable Toilet and Restroom Trailer,” to establish agreements with qualified vendors for the provision of portable toilet, portable restroom, and restroom trailer rental services on an as-needed basis; and these services are necessary to support City-sponsored events, recreational programs, public gatherings, emergency response activities, and other operational needs requiring temporary restroom facilities; and the solicitation was publicly advertised on July 24, 2026, and three bid responses were received by the submission deadline, with the bids publicly opened on August 14, 2026; and , pursuant to Resolution No. 26-110, adopted at the August 25, 2026 Commission meeting, the City Commission selected the three firms and authorized the City to negotiate the agreements; and , the attached template agreements, incorporated by this reference as Exhibit A, will allow the City to obtain temporary restroom facilities on an as-needed basis, including portable toilets, ADA-compliant portable restroom units, and air-conditioned restroom trailers; and services provided under the agreements will include furnishing, delivery, setup, permitting, maintenance, servicing, cleaning and sanitizing, routine pump-out, replenishment of necessary supplies, and removal or replacement of units as needed; and the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, “Monetary thresholds for certain purchases and payment disbursement authorizations”, Subsection (a), sets the monetary threshold at Fifty Thousand Dollars ($50,000.00) for a vendor each fiscal year; and 2 RESOLUTION #2026-_____ WHEREAS, the Public Services Department (PSD) anticipates that the primary use of these agreements will be for portable restroom rentals at the City’s beach, where additional restroom facilities are needed to accommodate residents and visitors, and increased public activity; and WHEREAS, the agreements will also provide the City with the flexibility to obtain temporary restroom facilities for City-sponsored events, recreational programs, emergency operations, and other municipal activities as needed; and WHEREAS, based on the results of ITB No. 26-018 (Re-Bid), the Public Services Department recommends entering into agreements, with Friendly John, Doodie Calls, and United Site Rentals to provide portable toilet, portable restroom, and restroom trailer rental services on an as-needed basis; and WHEREAS, services obtained under the agreements will be funded through the respective department’s approved annual operating budget, and no additional budget appropriation is required as a result of entering into the agreements; and WHEREAS, entering into the agreements will provide the City with reliable access to temporary restroom facilities on an as-needed basis. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission authorizes the City Manager to enter into agreements, which a template of that Agreement is attached as Exhibit “A”, with Friendly John, Doodie Calls, and United Site Rentals for portable toilet, portable restroom, and restroom trailer rental services pursuant to ITB No. 26-018 (Re-Bid), “Portable Toilet and Restroom Trailer,” on an as-needed basis. Section 3. That the services provided pursuant to the agreements authorized herein shall be funded through the respective department’s approved annual operating budget. No additional budget appropriation is required as a result of entering into these agreements. Section 4. That the City Manager, or designee, is authorized to execute the agreements with Friendly John, Doodie Calls, and United Site Rentals and any other documents necessary to implement the agreements, subject to review and approval as to form and legal sufficiency by the City Attorney. 3 RESOLUTION #2026-_____ 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 immediately after passage and 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 1 AGREEMENT FOR PORTABLE TOILET AND RESTROOM TRAILER RENTAL SERVICES ITB NO. 26-018 (RE-BID) This Agreement is entered into as of [EFFECTIVE DATE], by and between the CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation (the “City”), and _________________________________________, with a principal address at ___________________________________________ (the “Contractor”). The City and Contractor may each be a “Party” and together the “Parties.” RECITALS WHEREAS, the City issued Invitation to Bid No. 26-018 (Re-Bid), “Portable Toilet and Restroom Trailer” (the “ITB”), for portable toilet, portable restroom, and restroom trailer rental services on an as-needed basis; WHEREAS, Contractor submitted a responsive bid and represents that it is qualified, properly licensed, and able to perform the Services; WHEREAS, by Resolution No. 2026-110, adopted August 25, 2026, the City Commission awarded the ITB to Friendly John, Doodie Calls, and United Site Services of Florida, LLC, authorized separate agreements with the awarded vendors, and authorized purchases exceeding the annual $50,000 single-vendor threshold, subject to departmental budget appropriations; and WHEREAS, the Parties desire to state the terms governing Services ordered from Contractor. NOW, THEREFORE, in consideration of the mutual promises below, the Parties agree: 1. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE The Contract Documents consist of this Agreement, the City’s ITB and all addenda, Contractor’s bid, each City purchase order or written work authorization, and any written amendment signed by both Parties. They are incorporated by reference. If a conflict exists, the Contract Documents control in the order listed above. Contractor’s preprinted, click-through, invoice, delivery-ticket, website, or other unilateral terms do not apply unless expressly accepted in a written amendment signed by an authorized City representative and approved as to legal form. 2. SCOPE OF SERVICES 2.1 Contractor shall furnish, deliver, install, secure, permit when required, maintain, service, clean, sanitize, pump out, replenish, repair, replace, and remove portable restroom facilities ordered by the City, including standard units, ADA-compliant units, handwashing stations, and restroom 2 trailers, as applicable to Contractor’s awarded items. Services shall comply with the Contract Documents, applicable law, manufacturer requirements, and accepted industry standards. 2.2 The City may request Services for beaches, parks, events, emergency operations, and other municipal needs. Each order will identify the location, units, delivery and removal dates, servicing frequency, and event-specific requirements. Contractor shall not perform extra work or incur additional charges without prior written authorization. 2.3 Contractor shall promptly correct deficient Services and replace any unsafe, damaged, unsanitary, nonfunctioning, or noncompliant unit at no additional cost. For an emergency or imminent health or safety concern, Contractor shall respond within the time required by the ITB or, if the ITB is silent, as reasonably directed by the City. 2.4 Contractor controls its personnel and means and methods, remains responsible for safety associated with its work, and shall protect City property and the public. Contractor shall repair, replace, or reimburse the City for damage caused by Contractor or its subcontractors. 3. NONEXCLUSIVE, AS-NEEDED AGREEMENT; NO MINIMUM 4. TERM 5. ORDERS; CITY REPRESENTATIVE 5.1 Only a purchase order or written work authorization issued by an authorized City representative commits City funds. 5.2 Contractor shall confirm each order and promptly disclose any inability to meet the requested schedule. Contractor proceeds without required written authorization at its own risk. 3 6. COMPENSATION; INVOICES; TAXES Prices shall not exceed Contractor’s submitted price schedule attached as Exhibit A. The aggregate bid total of $____________.00 was used for award evaluation and is not a guaranteed purchase amount, a minimum commitment, or a limitation on properly authorized purchases under Resolution No. 2026-110. Prices include all labor, equipment, delivery, setup, routine servicing, cleaning, supplies, fuel, travel, overhead, profit, permits, and other costs unless the Contract Documents expressly identify a separate charge. Total payments shall not exceed available appropriations and authorized purchase orders. Invoices must identify the purchase order, service location, unit type and quantity, service dates, unit price, and authorized additional charges. The City will pay undisputed amounts under the Florida Local Government Prompt Payment Act. Payment does not constitute acceptance or waive a defect. The City is exempt from Florida sales and use tax. Contractor is responsible for its taxes and shall not charge taxes from which the City is exempt. Contractor shall maintain all licenses, permits, registrations, vehicles, equipment, trained personnel, and disposal arrangements required to perform. Waste shall be transported and disposed of only at lawful facilities. Contractor shall comply with environmental, sanitation, accessibility, traffic, occupational-safety, immigration, and other applicable requirements. Upon request, Contractor shall provide service logs, disposal records, permits, and other performance documentation. Before performing and throughout the term, Contractor shall maintain the insurance required by the ITB and provide certificates and endorsements acceptable to the City. Required insurance does not limit Contractor’s liability. The City may suspend performance until any lapse is cured. To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, and agents from claims, damages, losses, liabilities, penalties, judgments, and reasonable attorneys’ fees and costs, to the extent caused by the negligent, reckless, or intentional acts or omissions of Contractor, its employees, subcontractors, or persons for whom it is responsible in performing this Agreement. 4 This section does not require Contractor to indemnify the City for the City’s own negligence and does not waive the City’s sovereign immunity or the limitations of section 768.28, Florida Statutes. These obligations survive. 10. INDEPENDENT CONTRACTOR; PERSONNEL; SUBCONTRACTORS 11. PUBLIC RECORDS IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY CLERK, CITY OF DANIA BEACH, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH, FLORIDA 33004, TELEPHONE (954) 924-6800, OR EMAIL [PUBLIC RECORDS EMAIL ADDRESS]. 12. RECORDS; AUDIT 13. E-VERIFY; REQUIRED CERTIFICATIONS 13.1 Contractor shall comply with section 448.095, Florida Statutes, use E-Verify as required, obtain required subcontractor affidavits, and take the actions required by statute upon credible evidence of a violation. 13.2 Before execution and when otherwise required, Contractor shall provide all affidavits and certifications required by Florida law and the ITB, including applicable certifications concerning public-entity crimes, scrutinized companies, foreign-country interests, discriminatory vendors, and human trafficking. Contractor shall promptly report any change. 5 14. ETHICS; CONFLICTS; GIFTS Contractor shall comply with applicable ethics, lobbying, conflict-of-interest, and gift laws. Contractor represents it has disclosed any actual or potential conflict and shall promptly disclose any conflict arising during the term. No contingency fee or improper inducement has been offered or paid to obtain this Agreement. Contractor defaults if it fails to timely or properly perform, maintain insurance or qualifications, comply with law, correct a deficiency, becomes insolvent, or materially breaches a Contract Document. Except for emergencies, threats to health or safety, abandonment, fraud, or a breach not reasonably curable, the City may give written notice and a reasonable opportunity to cure. Upon default, the City may suspend orders or payment, obtain substitute services and charge Contractor the reasonable excess cost, require correction or replacement, terminate all or part of this Agreement, set off amounts owed, and pursue any other lawful remedy. Remedies are cumulative. The City may terminate this Agreement or an order for convenience upon thirty days’ written notice. The City will pay only for conforming Services accepted through termination and authorized, noncancelable commitments approved in writing. Contractor is not entitled to anticipatory profit, lost opportunity, or termination charges. The City may terminate immediately for default, illegality, loss of authority or insurance, or a threat to public health or safety. The City’s obligations are subject to annual appropriation. If sufficient funds are not appropriated or legally available, the City may terminate without penalty. Nothing creates a debt beyond the fiscal year for which funds are appropriated. Formal notices shall be in writing and delivered personally, by nationally recognized overnight carrier, or by certified United States mail, return receipt requested. Email may supplement but does not replace formal delivery. Notice is effective upon receipt or documented refusal. City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Attn: Public Services Director 6 Contractor: 18. DISPUTES; GOVERNING LAW; VENUE EACH PARTY KNOWINGLY WAIVES TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW. 19. SOVEREIGN IMMUNITY 20. FORCE MAJEURE 21. GENERAL PROVISIONS 21.1 Assignment. Contractor shall not assign, transfer, or delegate this Agreement or a material obligation without prior written consent. An unauthorized assignment is void. 21.2 Amendments; Waiver. An amendment or waiver must be in a writing signed by authorized representatives. City employees cannot modify this Agreement by oral statement, email, course of dealing, or acceptance of an invoice. 21.3 Severability. If a provision is unenforceable, it shall be modified to the minimum extent necessary, and the remainder remains effective. 21.4 No Third-Party Beneficiaries. This Agreement benefits only the Parties. 7 21.5 Survival. Payment, indemnification, public records, audit, dispute, sovereign-immunity, and provisions that by nature should survive remain effective. 21.6 Entire Agreement. The Contract Documents constitute the complete agreement and supersede prior discussions and representations. 21.7 Counterparts; Electronic Signatures. This Agreement may be signed in counterparts and by lawful electronic signature. 21.8 Authority. Each signer represents authority to bind the identified Party. 8 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO LEGAL FORM AND CORRECTNESS EVE A. BOUTSIS, CITY ATTORNEY CANDIDO SOSA-CRUZ, ICMA-CM CITY MANAGER 9 CONTRACTOR: WITNESSES: SIGNATURE SIGNATURE PRINT Name PRINT Name SIGNATURE Title PRINT Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on , 2026, by (name), _______________________ (title), of , who is personally known to me or has produced as identification. NOTARY PUBLIC My Commission Expires: State of City of Dania Beach Public Services Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Candido Sosa-Cruz, ICMA-CM, City Manager VIA: Oscar Vasquez, Public Services Director Carlos Escalante, Public Services Deputy Director SUBJECT: APPROVAL OF MODIFICATION NO. 5 TO THE HAZARD MITIGATION GRANT PROGRAM AGREEMENT FOR THE FIRE STATION NO. 1 WIND RETROFIT PROJECT Request: The Public Services Department requests approval of Modification No. 5 to the Hazard Mitigation Grant Program (HMGP) agreement with Florida Division of Emergency Management (FDEM) for Fire Station No. 1 Wind Retrofit Project, increasing the federal funding amount. Background: The City of Dania Beach entered into a HMGP agreement with FDEM, funded by the Federal Emergency Management Agency (FEMA), to implement wind retrofit and generator improvements at Fire Station No. 1. The project is intended to provide wind protection and backup power to Fire-Rescue Station No. 1, located at 116 West Dania Beach Boulevard, Dania Beach, Florida 33004. The improvements include hardening the structural integrity of the facility, including reinforcing walls, columns, and tie beams as needed; replacing windows, doors, and the roof; and installing a permanent diesel generator with the necessary electrical connections, automatic transfer switches, and concrete pad. Modification No. 5 reinstates the agreement, which expired on July 31, 2025, and extends the Period of Agreement through December 31, 2026. The modification also increases federal funding by $1,031,297.50, bringing the maximum amount payable under the agreement to $1,854,231.25. Of this amount, $1,827,685.00 is allocated for the project costs, including materials, labor, and fees, while $26,546.25 is allocated for Sub-Recipient Management Costs (SRMC), to support the City’s administration and management of the grant. The project is designated as a Global Match-Recipient Project and is fully funded at 100% federal participation, with no required non-federal share. Budgetary Impact The modification will have a positive impact on the project as it increases the available federal funding to support the completion of Fire Station No. 1 Wind Retrofit Project. With this modification, the total project cost of $1,827,685.00 is fully funded with no required local contribution. All eligible project costs, including $26,546.25 in SRMC, will be reimbursed through federal funding. Recommendation The Public Services Department recommends approval of Modification No. 5 to the HMGP Agreement with the Florida Division of Emergency Management (FDEM) for the City of Dania Beach Fire-Rescue Station No. 1 Wind Retrofit and Generator Project. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE MODIFICATION NO. 5 TO THE HAZARD MITIGATION GRANT PROGRAM AGREEMENT WITH THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT FOR THE FIRE STATION NO. 1 WIND RETROFIT AND GENERATOR PROJECT; INCREASING THE FEDERAL FUNDING BY $1,031,297.50, FOR A TOTAL MAXIMUM AMOUNT PAYABLE OF $1,854,231.25; PROVIDING FOR FUNDING; AUTHORIZING THE EXPENDITURE OF FUNDS IN EXCESS OF $50,000.00; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, “Monetary thresholds for certain purchases and payment disbursement authorizations”, Subsection (a), sets the monetary threshold at Fifty Thousand Dollars ($50,000.00) for a vendor each fiscal year; and the City of Dania Beach, Florida (the “City”), entered into a Hazard Mitigation Grant Program (“HMGP”) Agreement with the Florida Division of Emergency Management (“FDEM”), funded by the Federal Emergency Management Agency (“FEMA”), for the Fire Station No. 1 Wind Retrofit and Generator Project; and the project is intended to provide wind protection and backup power to Fire Station No. 1, located at 116 West Dania Beach Boulevard, Dania Beach, Florida 33004; and the approved project includes improvements to harden the structural integrity of Fire Station No. 1, including reinforcing walls, columns, and tie beams as needed; replacing windows, doors, and the roof; and installing a permanent diesel generator with necessary electrical connections, automatic transfer switches, and a concrete pad; and , FDEM and the City desire to reinstate the agreement and extend the period of agreement through December 31, 2026, to allow for completion of the approved mitigation activities; and Modification No. 5 increases the federal funding available under the agreement by $1,031,297.50, bringing the maximum amount payable under the agreement to $1,854,231.25; and 2 RESOLUTION #2026-_____ WHEREAS, of the total amount payable under the agreement, $1,827,685.00 is allocated toward project costs, including materials, labor, and fees, and $26,546.25 is allocated for Sub- Recipient Management Costs (“SRMC”), which support the City’s eligible administration and management of the grant; and WHEREAS, the project is designated as a Global Match-Recipient Project and is fully funded at 100% federal participation, with no required non-federal share; and WHEREAS, the project is currently funded through the Grant Account No. 103-22-65-522- 63-10 , and the modification will have a positive impact on the project by increasing the available federal funding necessary to support completion of the Fire Station No. 1 Wind Retrofit and Generator Project, with the additional federal funding authorized through Modification No. 5 to be administered in accordance with the applicable City budget and accounting requirements; and WHEREAS, the City Commission finds that it is in the best interest of the City to approve Modification No. 5 to the HMGP agreement to secure additional federal funding and support completion of the project. 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 approves Modification No. 5 to the HMGP Agreement with the FDEM for the Fire Station No. 1 Wind Retrofit and Generator Project, including the reinstatement and extension of the Agreement through December 31, 2026, and the increase in federal funding of $1,031,297.50, for a total maximum amount payable under the agreement of $1,854,231.25. Section 3. The City Commission hereby authorizes the City Manager, or designee, to execute Modification No. 5 attached hereto as Exhibit “A,” and to take all actions necessary to implement the terms and conditions of the agreement. Section 4. That the project is currently funded through Grant Account No. 103-22-65- 522-63-10. With the approval of Modification No. 5, the project is now 100% federally funded, with no required local contribution. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. 3 RESOLUTION #2026-_____ Section 6. That this Resolution shall be effective upon its passage and 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 SUB-RECIPIENT AGREEMENT CHECKLIST DIVISION OF EMERGENCY MANAGEMENT MITIGATION BUREAU FISCAL OPERATIONS UNIT HMGP REQUEST FOR REVIEW AND APPROVAL SUB-RECIPIENT: City of Dania Beach PROJECT #: 4337-285-R PROJECT TITLE: City of Dania Beach, Fire-Rescue Station #1, Wind Retrofit and Generator HMGP CONTRACT #: H0514 SM CONTRACT #: (if applicable) N/A MODIFICATION #: Five SUB-RECIPIENT REPRESENTATIVE (POINT OF CONTACT) Chloe Vielot Public Services Administrator 100 W Dania Beach Blvd Dania Beach, Florida 33004 Enclosed is your copy of the proposed contract(s)/modification(s) between City of Dania Beach and the Florida Division of Emergency Management (FDEM). COMPLETE ☒ This form is required to be included with all Reviews, Approvals, and Submittals ☒ Reviewed and Approved ☒ Signed & Dated Electronic Copy of HMGP Contract by Official Representative ☐ Signed & Dated Electronic Copy of SM Contract by Official Representative (if applicable) ☒ Copy of the organization’s resolution or charter that specifically identifies the person or position that is authorized to sign, if not Chairman, Mayor, or Chief ☐ Attachment I - Federal Funding Accountability and Transparency Act (FFATA) - completed, signed, and dated ☒ N/A for Modifications or State Funded Agreements ☐ Attachment K – Certification Regarding Lobbying - completed, signed, and dated ☒ N/A for Modifications or State Funded Agreements ☒ Attachment L – FACTS - completed, signed, and dated ☐ N/A for Modifications or State Funded Agreements ☐ Attachment M – Foreign Country of Concern Affidavit completed, signed, and dated ☒ N/A for Modifications or State Funded Agreements ☒ Electronic Submittal to the Grant Specialist SUB-RECIPIENT AGREEMENT CHECKLIST If you have any questions regarding this contract, or who is authorized to sign it, please contact your Project Manager at 850-312-9443 or email me at Alejandro.Vargas@yagroup.com. Contract Number: H0514 Project Number: 4337-285-R MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND CITY OF DANIA BEACH ______________________________ This Modification Number Five is made and entered into by and between the State of Florida, Division of Emergency Management ("the Division”), and City of Dania Beach ("the Sub-Recipient") to modify Contract Number H0514, dated August 27, 2020 ("the Agreement"). WHEREAS, the Division and the Sub-Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to the Sub-Recipient under the Hazard Mitigation Grant Program of $822,933.75, in Federal Funds; and WHEREAS, the Division and the Sub-Recipient intend to modify the Agreement; and WHEREAS, the Agreement expired on July 31, 2025; and WHEREAS, the Division and the Sub-Recipient intend to reinstate and extend the terms of the Agreement, modify the Scope of Work, and increase the Federal Funding by $1,031,297.50 under the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Agreement is hereby reinstated and extended as though it had never expired. 2. Paragraph 8 of the Agreement is hereby amended to read as follows: (8) PERIOD OF AGREEMENT This Agreement shall begin April 27, 2020 and shall end December 31, 2026, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. 3. The Agreement is amended to increase the Federal Funding by $1,031,297.50, for the maximum amount payable under the Agreement to $1,854,231.25, (One Million Eight Hundred Fifty-Four Thousand Two Hundred Thirty-One Dollars and Twenty-Five Cents). 4. The Budget and Scope of Work, Attachment A to this Agreement, is hereby modified as set forth in 5th Revised Attachment A to this modification, a copy of which is attached hereto and incorporated herein by reference. 5. All provisions of the Agreement being modified and any attachments thereto in conflict with Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the last execution of this Modification by both parties. 6. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 7. Quarterly Reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative closeout report. The ending dates of each quarter of the program year are March 31, June 30, September 30, and December 31. 8. Attachment L - Florida Accountability Contract Tracking System (FACTS) Requirements for Non- profit Organizations Under Section 216.1366, Florida Statutes, Instructions and Worksheet is hereby incorporated into the Agreement and is required to be completed by the subrecipient and returned the Division. IN WITNESS WHEREOF, the parties hereto have executed this modification as of the dates set out below. SUB-RECIPIENT: __CITY OF DANIA BEACH________ By: Name and Title: Date: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Kevin Guthrie, Director Date: Attachment A (5th Revision) Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work is to provide protection to Fire-Rescue Station #1, in Dania Beach, Broward County, Florida, funded as a Global Match-Recipient Project, through the Hazard Mitigation Grant Program (HMGP) DR-4337-285-R, as approved by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency (FEMA). The project is for retrofitting the Sub-Recipient’s structure and installation of an emergency generator system to reduce and/or mitigate the damage that might otherwise occur from severe weather or other hazards. The Sub-Recipient, City of Dania Beach, agrees to administer and complete the project per scope of work as submitted by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws, Regulations, and Codes. PROJECT OVERVIEW: As a Hazard Mitigation Grant Program project, the Sub-Recipient shall provide wind protection and backup power to Fire-Rescue Station #1 building located at 116 West Dania Beach Boulevard, Dania Beach, Florida 33004. The HMGP project shall provide protection to the facility by hardening the structural integrity of the building by reinforcing walls, columns and tie beams as needed, replacing windows and doors, and replacement of the roof. Additionally, the project includes purchasing and installing a 250-kW diesel permanent generator, or the adequate size determined by the vendor and/or an electrical engineer during the bid process to appropriately support the critical facility. The generator shall be located outside the building and installation shall include all necessary electrical connections, an automatic transfer switch (ATS), and the construction of a concrete pad. Furthermore, an additional ATS shall be installed in the administration building. This project intends to protect the integrity of the building envelope and to ensure the functionality of the building during a storm event. Wind protection shall be provided on any other opening such as vents, louvers, and exhaust fans. The project shall conform with the design criteria found in ASCE 7 standards. All installations shall be in strict compliance with the Florida Building Code or Miami Dade Specifications. All materials shall be certified to meet wind and impact standards. The local municipal or county building department shall inspect and certify installation according to the manufacture specifications. The project shall provide protection against 186 MPH winds for Risk Category IV buildings and structures, or the wind speed protection and impact requirements indicated by the effective Florida Building Code at the time permits are issued. The generator(s) and electrical components shall be protected against a 500-year (0.2% annual chance) flood event by implementing specific activities or by locating the generator(s) outside the Special Flood Hazard Area (SFHA), comply with applicable National Flood Insurance Program (NFIP) requirements and shall be protected against wind with a rated enclosure and appropriate anchoring based on its location requirements per ASCE 7 standards effective at the time of permitting. The selected site shall provide sufficient space to maintain and fuel the generator(s) and shall comply with the National Electrical Code working clearance requirements. Activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. Pursuant to subsection 553.896(2), Florida Statutes, projects including the construction of new or retrofitted window or door coverings must conform to design drawings that are signed, sealed, and inspected by a structural engineer who is registered in this state. The Sub-Recipient shall provide an inspection report and attestation or a copy of the signed and sealed plans to the Division before payment will be made. Project Locations: ID# Station Location kW Coordinates 1) FS #1 116 West Dania Beach Boulevard, Dania Beach, Florida 33004 250-kW (26.0528642, -80.1450015) TASKS & DELIVERABLES: A) Tasks: 1) The Sub-Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the scope of work as approved by the Division and FEMA. The Sub-Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub-Recipient’s procurement policy as well as all Federal and State Laws and Regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub-Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision and for performing all work per sealed engineering designs and construction plans presented to the Division by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable condition. The Sub-Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. The Sub-Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub-Recipient shall provide an executed “Debarment, Suspension, Ineligibility, Voluntary Exclusion Form” for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub-Recipient. The Sub-Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub-Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by selected contractor. 2) The Sub-Recipient shall monitor and manage the procurement and installation of all opening protection products in accordance with the HMGP application and associated documentation as presented to the Division by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient shall ensure that all applicable State, Local and Federal Laws and Regulations are followed and documented, as appropriate. The project shall protect the building from windblown debris resulting from high windstorms which shall allow the function of the structure(s) to continue following a severe wind event. The structure shall be upgraded to meet Florida Building Code and/or Miami Dade Requirements, including all exterior openings. The Sub-Recipient shall fully perform the approved project, as described in the application, in accordance with the approved scope of work indicated herein, the estimate of costs indicated herein, the allocation of funds indicated herein, and all applicable terms and conditions. The Sub-Recipient shall not deviate from the approved project terms and conditions. Upon completion of the work, the Sub-Recipient shall schedule and participate in a final inspection of the project completed by the local municipal or county building department (official), or other approving official, as applicable. The official shall inspect and certify that all installation was in accordance with the manufacturer’s specifications. Any deficiencies found during this final inspection shall be corrected by the Sub-Recipient prior to Sub-Recipient’s submittal of the final inspection request to the Division. Upon completion of Task 2, the Sub-Recipient shall submit the following documents with sufficient supporting documentation and provide a summary of all contract scope of work and scope of work changes, if any. Additional documentation shall include: a) Copy of permit(s), notice of commencement. b) Local Building Official Inspection Report and Final Approval. c) Signed and sealed copy of the As-built plans. d) A copy of electrical designs, specifications and/or drawings elaborated to complete the scope. e) Certified Letter of Completion: 1. Affirming that the project has been completed in conformance with the approved project drawings, specifications, and scope. 2. Certifying Compliance with all applicable codes. f) All Product Specifications / Data Sheet(s) (technical standards) satisfying protection requirements on all products utilized. g) Pursuant to subsection 553.896(2), Florida Statutes, projects including the construction of new or retrofitted window or door coverings must conform to design drawings that are signed, sealed, and inspected by a structural engineer who is registered in this state. The Sub- Recipient shall provide an inspection report and attestation or a copy of the signed and sealed plans to the Division before payment shall be made. h) Proof of compliance with Project Conditions and Requirements contained herein. 3) During the course of this agreement, the Sub-Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and local share) related to the project. In some cases, all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. The Sub-Recipient shall submit an Affidavit signed by the Sub-Recipient’s project personnel with each reimbursement request attesting to the completion of the work, that disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. The Sub-Recipient shall maintain accurate time records. The Sub-Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to: cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Construction Expense: The Sub-Recipient shall pre-audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub-Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Sub-Recipient Management Costs (SRMC) expenditure must adhere to FEMA Policy #104-11-1 HMGP Management Costs (Interim) signed November 14, 2018. FEMA defines management costs as any: Indirect costs, Direct administrative costs, and other administrative expenses associated with a specific project. Administrative costs are expenses incurred by a Sub-Recipient in managing and administering the federal award to ensure that federal, state requirements are met including: solicitation, development, review, and processing of sub-applications; delivery of technical assistance; quarterly progress and fiscal reporting; project monitoring; technical monitoring; compliance activities associated with federal procurement requirements; documentation of quality of work verification for quarterly reports and closeout; payment of claims; closeout review and liquidation; and records retention. Any activities that are directly related to a project are not eligible under management costs. For example, architectural, engineering, and design services are project costs and cannot be included under management costs. Similarly, construction management activities that manage, coordinate, and supervise the construction process from project scoping to project completion are project costs. These activities cannot be included under management costs. Due to Strategic Funds Management (SFM), SRMC Interim Policy requires management costs to be obligated in increments sufficient to cover Sub-Recipient needs, for no more than one year, unless contractual agreements require additional funding. FEMA has established a threshold where annual increments will be applied to larger awards, allowing smaller awards to be fully obligated. Obligations will be handled by the size of the total subaward. The Sub-Recipient shall pre-audit all SRMC source documentation – personnel, fringe benefits, travel, equipment, supplies, contractual, and indirect costs. A brief narrative is required to identify what the funds will be used for. Documentation shall be detailed and clearly describe each approved task performed, hours devoted to each task, and the hourly rate charged including enough information to calculate the hourly rates based on payroll records. Employee benefits and tasks shall be clearly shown on the Personnel Activity Form, and all Personnel or Contractual SRMC shall be invoiced separately from all other project costs. Project Management Expenses (only applies to disasters prior to August 1, 2017, all others adhere to FEMA Policy #104-11-1 for SRMC): The Sub-Recipient shall pre-audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third-party in-kind services, if applicable, shall be conducted by the Division in coordination with the Sub-Recipient. Quarterly Reports shall be submitted by the Sub- Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub-Recipient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as identified in the project application, and plans. The requests for reimbursement shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub-Recipient to the contractor, subcontractor, and/or vendor for invoiced services; c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount. The Sub-Recipient’s final request for reimbursement shall include the final construction project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. B) Deliverables: Mitigation Activities consist of protection to Fire-Rescue Station #1 building, Dania Beach, Florida, by hardening the structural integrity of the building and installing a diesel permanent generator, as a Global Match-Recipient Project. Wind protections shall be provided on any other opening such as vents, louvers, and exhaust fans. The project shall conform with the design criteria found in ASCE 7 standards. All installations shall be in strict compliance with the Florida Building Code or Miami Dade Specifications. All materials shall be certified to meet wind and impact standards. The local municipal or county building department shall inspect and certify installation according to the manufacture specifications. The project shall provide protection against 186 MPH winds for Risk Category IV buildings and structures, or the wind speed protection and impact requirements indicated by the effective Florida Building Code at the time permits are issued. The generator(s) and electrical components shall be protected against a 500-year (0.2% annual chance) flood event by implementing specific activities or by locating the generator(s) outside the Special Flood Hazard Area (SFHA), comply with applicable National Flood Insurance Program (NFIP) requirements and shall be protected against wind with a rated enclosure and appropriate anchoring based on its location requirements per ASCE 7 standards effective at the time of permitting. The selected site shall provide sufficient space to maintain and fuel the generator(s) and shall comply with the National Electrical Code working clearance requirements. Activities shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. Pursuant to subsection 553.896(2), Florida Statutes, projects including the construction of new or retrofitted window or door coverings must conform to design drawings that are signed, sealed, and inspected by a structural engineer who is registered in this state. The Sub-Recipient shall provide an inspection report and attestation or a copy of the signed and sealed plans to the Division before payment shall be made. Provided the Sub-Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub-Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: C) Engineering: 1) The Sub-Recipient shall submit to the Division an official letter stating that the project is 100% complete and ready for the Division’s Final Inspection of the project. 2) The Sub-Recipient shall provide a copy of the Notice of Commencement, and any local official Inspection Report and/or Final Approval, as applicable. 3) The Sub-Recipient shall submit a final copy of the completed project’s As-built drawings and all necessary supporting documentation and provide a summary of all contract scope of work changes, as applicable. 4) The Sub-Recipient shall submit a final copy of any electrical designs, specifications and/or drawings elaborated to complete the job. 5) The Sub-Recipient shall submit a certified letter of completion from Engineer of Record. The Sub- Recipient’s Engineer of Record shall provide a formal certificate or letter affirming that the project has been completed in conformance with the approved project drawings, specifications, scope, and applicable codes. 6) The Sub-Recipient shall submit all Product Specifications / Data Sheet(s) (technical standards) satisfying protection requirements on all products utilized. 7) All installations shall be done in strict compliance with the Florida Building Code or Miami Dade Specifications. All materials shall be certified to exceed the wind and impact standards of the current local codes. 8) Product Specifications documentation satisfying protection requirements for all products utilized shall be provided to the Division for closeout. 9) The Sub-Recipient shall follow all applicable State, Local and Federal Laws, Regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate Federal, State, and Local permits and clearances may jeopardize federal funding. 10) Glazing in buildings shall be impact resistant or protected with an impact resistant covering meeting the requirements of SSTD 12, ASTM E 1886 and ASTM E 1996, ANSI/DASMA 115 (for garage doors and rolling doors) or Miami-Dade TAS 201, 202 and 203 or AAMA 506 referenced therein as follows: a) Glazed openings located within 30 feet (9.1 m) of grade shall meet the requirements of the Large Missile Test. b) Glazed openings located more than 30 feet (9.1 m) above grade shall meet the provisions of the Small Missile Test. c) Louvers protecting intake and exhaust ventilation ducts not assumed to be open that are located within 30 feet (9144 mm) of grade shall meet requirements of the Large Missile Test. Impact-resistant coverings shall be tested at 1.5 times the design pressure (Positive or Negative) expressed in pounds per square feet as determined by the Florida Building Code, Building Section 1609, for which the specimen is to be tested. 11) The local municipal or county building department shall inspect the installation according to the manufacturer’s specifications and ensure that the above referenced standards have been met; documentation shall be provided to the Division for closeout. 12) The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the vulnerability of the building to property losses and are specifically not intended to provide for the safety of inhabitants before, during or after a natural or manmade disaster. 13) The funding provided by the Division under this subgrant shall compensate for the materials, labor and fees for the hardening activities as a retrofit measure for the Sub-Recipient’s buildings to reduce and/or mitigate the damage that might otherwise occur from severe weather or other hazards. The funding of this project by the Division does not confer or imply any warranty of use or suitability for the work performed pursuant to this agreement. The State of Florida disclaims all warranties with regard to this mitigation project, express or implied, including but not limited to, any implied warranties and/or conditions of satisfactory quality and fitness for a particular purpose, merchantability, or merchantable quality. 14) This project has not been evaluated by the criteria contained in the standards of the Department of Homeland Security, Federal Emergency Management Agency guidance manual FEMA 361-Design and Construction for Community Shelter, and thus does not provide “near absolute protection”. It is understood and agreed by the Division and the Sub-Recipient that the building may have vulnerabilities due to age, design and location that may result in damage to the building from wind events even after the installation of the mitigation measures funded under this Subgrant Agreement. It is further understood and agreed by the Division and the Sub-Recipient that the level of wind protection provided by the mitigation action, although meeting State standards and codes and enhancing the structural integrity of the building, does not ensure the safety or survival of building occupants. D) Environmental: 1) The Sub-Recipient shall follow all applicable state, local and federal laws, regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. 2) Any change, addition or supplement to the approved mitigation measure or scope of work that alters the project (including other work not funded by FEMA but done substantially at the same time) shall require resubmission to the Division and FEMA for revaluation of compliance with the National Environmental Protection Act (NEPA) and Section 106 of the National Historic Preservation Act (NHPA) prior to initiation of any work. Non-compliance with these requirements may jeopardize FEMA’s ability to fund this project. A change in the scope of work shall be approved by the Division and FEMA in advance regardless of the budget implications. 3) If any ground disturbance activities occur during construction, the Sub-Recipient shall monitor ground disturbance during construction, and if any potential archeological resources are discovered, shall immediately cease construction in that area and notify the Division and FEMA. 4) Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions. E) Programmatic: 1) The Sub-Recipient must notify the Division as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. 2) The Division and FEMA shall approve a change in the scope of work in advance, regardless of the impact to the budget. 3) The Sub-Recipient must “obtain prior written approval for any budget revision which would result in a need for additional funds” [44 CFR 13(c)], from the Division and FEMA. 4) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted, along with substantiation of the new expiration date and a new schedule of work, to the Division a minimum of seventy (70) days prior to the expiration date, for Division processing to FEMA. 5) The Sub-Recipient must avoid duplication of benefits between the HMGP and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191. 6) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. 7) Project approval is on the condition that the tasks, deliverables, and conditions be accomplished and submitted 30 days prior to the Period of Performance date, for review and approval by the Division, for submittal to FEMA for Closeout. 8) The Sub-Recipient must provide the Division (FDEM) documentation of compliance with Florida Statutes 553.896 Mitigation grant program guidelines (as follows). (1) The Legislature finds that facilities owned by the government and those designated to protect the public should be the first to adopt the best practices, active risk management, and improved security planning. These facilities should be protected to a higher level. (2) Beginning with grant funds approved after July 1, 2005, the construction of new or retrofitted window or door coverings that is funded by a hazard-mitigation grant program or shelter-retrofit program must conform to design drawings that are signed, sealed, and inspected by a structural engineer who is registered in this state. Before the Division of Emergency Management forwards payment to a recipient of the grant, an inspection report and attestation or a copy of the signed and sealed plans shall be provided to the department. (3) If the construction is funded by a hazard mitigation grant or shelter retrofit program, the Division of Emergency Management shall advise the county, municipality, or other entity applying for the grant that the cost or price of the project is not the sole criterion for selecting a vendor. (4) A project funded under mitigation or retrofit grants is subject to inspection by the local building officials in the county in which the project is performed. 9) Sub-Recipient shall commit to completion of the match project. If for any reason this match project is not completed or is otherwise rendered ineligible, the Sub-Recipient retains responsibility for the non-federal share/ of all projects utilizing the Global Match of this project/ if it wishes to continue with the project. Failure to meet this commitment may result in the disallowance of all or part of otherwise allowable federal share costs. Project shall meet all HMA-HMGP Requirements, including compliance with all applicable Federal and State Laws and Regulations. Shall meet matching cost share rules and provide the same closeout documentation for the match projects as with regular federally funded projects. 10) Sub-Recipient Management Costs (SRMC), implemented under the Disaster Relief and Recovery Act of 2018 (DRRA), amended Section 324 of the Stafford Act, and the Hazard Mitigation Grant Program Management Costs (Interim) FEMA Policy 104-11-1, provides 100% federal funding under HMGP to Sub-Recipients to efficiently manage the grant and complete activities in a timely manner. a) SRMC must conform to 2 CFR Part 200, Subpart E, applicable program regulations, and Hazard Mitigation Assistance (HMA) Guidance (2015), ensuring costs are reasonable, allowable, allocable and necessary to the overall project. b) Funding is for approved indirect costs, direct administrative costs, and administrative expenses associated with this specific project and shall have adequate documentation. c) SRMC cannot exceed 5% of the total project costs awarded. d) SRMC is 100% federally funded and will be reimbursed based on actual costs incurred for each individual Request for Reimbursement (RFR) submitted with the required documentation. e) SRMC shall be reconciled against actual costs on a quarterly basis and annual basis. f) If the Final Project Reconciliation results in a reduction of total project costs, any resulting SRMC overpayment shall be reimbursed back to the State for return to FEMA prior to FEMA Closeout. This is FEMA project number 4337-285-R. It is funded under FEMA-4337-DR-FL. It is funded under the HMGP as a Global Match-Recipient Project and must adhere to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement for Disaster 4337. FEMA awarded this project on April 27, 2020; this Agreement was executed on August 27, 2020; and the Period of Performance for this project shall end on December 31, 2026. F) FINANCIAL CONSEQUENCES: If the Sub-Recipient fails to comply with any term of the award, the Division shall take one or more of the following actions, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub-Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Sub-Recipient’s program; 4) Withhold further awards for the program; or 5) Take other remedies that may be legally available. SCHEDULE OF WORK State Contracting: 4 Months Construction Plan/Technical Specifications: 12 Months Bidding / Local Procurement: 12 Months Permitting: 10 Months Construction / Installation: 32 Months Local Inspections / Compliance: 4 Months State Final Inspection / Compliance: 3 Months Closeout Compliance: 3 Months Total Period of Performance: 80 Months BUDGET (GLOBAL MATCH PROJECT) Line-Item Budget* Project Cost Federal Cost Non-Federal Cost Materials: $1,121,185.00 $1,121,185.00 $0.00 Labor: $228,723.00 $228,723.00 $0.00 Fees: $477,777.00 $477,777.00 $0.00 Initial Agreement Amount: $1,827,685.00 $1,827,685.00 $0.00 ***Contingency Funds: $0.00 $0.00 $0.00 Project Total: $1,827,685.00 $1,827,685.00 $0.00 ****SRMC SRMC: $26,546.25 $26,546.25 SRMC Total: $26,546.25 $26,546.25 *Any line-item amount in this Budget may be increased or decreased 10% or less, with the Division’s approval, without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. *** This project has an estimated $0.00 in contingency funds. Per FEMA Hazard Mitigation Assistance Guidance Part VI, D.3.4 – Contingency funds are not automatically available for use. Prior to their release, contingency funds must be re-budgeted to another direct cost category and identified. Post-award changes to the budget require prior written approval from the Division (FDEM). The written request should demonstrate what unforeseen conditions related to the project arose that required the use of contingency funds. Project Management costs are included for this project in the amount of $0.00. **** Sub-Recipient Management Costs (SRMC) are included for this project in the amount of $26,546.25 in Federal funding. Per the Hazard Mitigation Grant Program Interim FEMA Policy 104-11- 1, SRMC provides HMGP funding to Sub-Recipients to efficiently manage the grant and complete activities in a timely manner. SRMC must conform to 2 CFR Part 200, Subpart E, ensuring costs are reasonable, allowable, allocable and necessary to the overall project. SRMC cannot exceed 5% of the approved total project costs awarded and shall be reimbursed at 5% for each Request for Reimbursement (RFR) submitted with the required documentation. If the Final Project Reconciliation results in a reduction of total project costs, any resulting SRMC overpayment shall be reimbursed back to the State for return to FEMA prior to FEMA Closeout. Global Match Project: This project has been awarded as a Global Match-Recipient project with full Federal funding at 100%. Project 4337-494-R is the Global Match-Donor project that is fully funded by the non-federal share (100% of the funding is covered by Sub-Recipient) for this project. Funding Summary Totals Federal Share: $1,827,685.00 (100.00%) Non-Federal Share: $0.00 (0.00%) Total Project Cost: $1,827,685.00 (100.00%) SRMC (100% Federal) $26,546.25 Attachment L Florida Accountability Contract Tracking System (FACTS) Requirements for Non-profit Organizations Under Section 216.1366, Florida Statutes Instructions and Worksheet PURPOSE: Section 215.985, Florida Statutes (F.S.), amended in 2023, requires that each contract for which a state entity makes a payment pursuant to a contract executed, amended, or extended on or after July 1, 2023, the Division shall post any documents submitted pursuant to s. 216.1366, F.S., which indicates the use of state funds as remuneration under the contract or a specified payment associated with the contract on the contract tracking system. CONTRACT DOCUMENTATION REQUIREMENTS Section 216.1366, F.S., amended in 2023, establishes new documentation requirements for any contract for services executed, amended, or extended on or after July 1, 2023, with non-profit organizations as defined in s. 215.97 (2)(m). F.S. The contract must require the contractor to provide documentation that indicates the amount of state funds:  Allocated to be used during the full term of the contract for remuneration to any member of the board of directors or an officer of the contractor.  Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the contractor. The documentation must indicate the amounts and recipients of the remuneration. Such information must be included in the contract tracking system maintained pursuant to s. 215.985 F.S. and must be posted on the contractor’s website if the contractor maintains a website. • As used in this subsection, the term: o “Officer” means a Chief Executive Officer (CEO), Chief Financial Officer (CFO), Chief Operating Officer (COO), or any other position performing an equivalent function. o “Remuneration” means all compensation earned by or awarded to personnel, whether paid or accrued, regardless of contingency, including bonuses, accrued paid time off, severance payments, incentive payments, contributions to a retirement plan, or in-kind payments, reimbursements, or allowances for moving expenses, vehicles and other transportation, telephone services, medical services, housing, and meals. o “State funds” means funds paid from the General Revenue Fund or any state trust fund, funds allocated by the Federal Government and distributed by the state, or funds appropriated by the state for distribution through any grant program. The term does not include funds used for the state Medicaid program. Note: This “Instructions and Worksheet” is meant to explain the requirements of the Section 216.1366, F.S., amended in 2023, and give clarity to the attached form distributed to recipients and sub-recipients for completion. All pertinent information below should be filled out, signed, and returned to the project manager. NON-PROFIT ORGANIZATION REMUNERATION INFORMATION 1. Is your business or organization a non-profit organization as defined in s. 215.97 (2)(m). F.S.? Yes No If the answer to Question 1 is “Yes,” continue to Question 2. If the answer to Question 1 is “No”, move to the signature block below to complete the certification and submittal process. 2. Will state funds be used as remuneration to any member of the board of directors or an officer in your business or organization? Yes No If the answer to Question 2 is “Yes,” provide the information required in the “Total Compensation Paid to Non-Profit Personnel Using State Funds” form below. A separate form should be completed for each member of the board of directors or officer being compensated using state funds. If the answer to Question 2 is “No”, move to the signature block below to complete the certification and submittal process. Total Compensation Paid to Non-Profit Personnel Using State Funds Name: Title: Agency Agreement/Contract # Total Contract Amount Contract Term: Line Item Budget Category Total Amount Paid Amount Paid from State Funds Salaries Fringe Benefits Bonuses Accrued Paid Time Off Severance Payments Retirement Contributions In-Kind Payments Incentive Payments Reimbursements/Allowances Moving Expenses Transportation Costs Telephone Services Medical Services Costs Housing Costs Meals CERTIFICATION: I certify that the amounts listed above are true and accurate and in accordance with the approved budget. Name: Signature: Title: Date: City of Dania Beach Parks & Recreation Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Candido Sosa-Cruz, ICMA-CM, City Manager VIA: Cassi Waren, CPRP, Director of Parks & Recreation SUBJECT: A Resolution of the City Commission authorizing a First Amendment to HZIP, LLC, agreement to authorize reimbursement for electronic payment service fees. Request: The Parks and Recreation Department is requesting the adoption of a resolution authorizing the request for approval of a contract amendment with HZIP to incorporate recently adopted provisions authorizing the City to recover electronic payment processing costs by assessing a fee on eligible transactions. Background: On August 25, 2026, the City Commission approved an ordinance authorizing the city to assess electronic payment processing surcharges. The purpose of this surcharge is to ensure the city recovers payment-processing expenses, rather than absorbing these costs. The surcharge is strictly limited to actual or reasonably estimated processing costs and is not intended to generate additional City revenue. To implement the surcharge, each applicable vendor agreement must be amended. This amendment allows the City to collect the authorized surcharge on eligible transactions and ensures that vendor systems comply with payment-card rules and legal requirements. Upon approval, staff will finalize vendor configurations, conduct testing, prepare customer- facing disclosures, and coordinate implementation in accordance with Commission-approved guidelines. Budgetary Impact The amendment allows the city to recover electronic payment processing costs rather than absorbing them, resulting in meaningful savings for the city. Recommendation Staff recommend approval of the contract amendment with HZIP to authorize the implementation of the electronic payment processing surcharge. This amendment is necessary for compliance with the City’s ordinance and ensures proper cost recovery while maintaining transparency, customer disclosure, and payment‑processor compliance requirements. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING A FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND HZIP, LLC, FOR PIER CONCESSION MANAGEMENT SERVICES, TO AUTHORIZE REIMBURSEMENT FOR ELECTRONIC PAYMENT SERVICE FEES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. , the City and HZIP LLC entered into an Agreement for Pier Concession Management Services under Request for Proposals No. 24-011, which was approved by the City Commission pursuant to Resolution No. 2024-120 (the “Agreement”); and the Agreement authorizes the Contractor to manage the day-to-day operations of the Pier and Bait Shop, including the collection of City-established charges as the City’s agent and the use of credit cards as a method of payment; and the City desires to establish a contractual framework under which an electronic payment service fee may be collected on eligible City transactions, subject to applicable law, payment-card requirements, and the City’s written direction; and the City adopted an ordinance creating a provision relating to “Electronic Payment Processing Surcharges” to authorize the City to recover electronic payment processing costs as authorized by section 215.322(5), Florida Statutes, so that the City can remain whole in its fees; and the Parties desire to amend the Agreement to authorize electronic payment service fees on eligible City transactions. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. That City approves the appropriate officials to execute the First Amendment to the Agreement between the City of Dania Beach, Florida and HZIP, LLC, for pier concession management services, which amendment is attached and incorporated by reference as Exhibit A to this resolution. 2 RESOLUTION #2026-_____ Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on __________________, 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 1 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND HZIP LLC FOR PIER CONCESSION MANAGEMENT SERVICES (ELECTRONIC PAYMENT SERVICE FEE) This First Amendment to Agreement (“First Amendment”) is entered into as of __________________, 2026 (the “Effective Date”), by and between the CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation (the “City”), and HZIP LLC, a Florida limited liability company (the “Contractor”) with a mailing address of 30 Birchshire Lane, #1, Palm Coast, Florida, 32137. The City and the Contractor may each be referred to as a “Party” and collectively as the “Parties.” RECITALS WHEREAS, the City and the Contractor entered into an Agreement dated September 23, 2024, for the management, operation, security, and maintenance of the City Pier and Bait Shop (the “Agreement”); and WHEREAS, the Agreement authorizes the Contractor to manage the day-to-day operations of the City Pier, including the collection of City-established pier admission charges and the operation of point-of-sale terminals capable of accepting credit cards, debit cards, cash, and coin; and WHEREAS, the City desires to establish a contractual framework under which an electronic payment service fee may be collected on eligible City-established pier admission transactions, subject to applicable law, payment-card requirements, and the City’s written direction; and WHEREAS, the Parties desire to distinguish transactions processed on behalf of the City from merchandise sales and other transactions for which the Contractor is the merchant of record; and WHEREAS, the Parties desire to amend the Agreement as provided herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows: 1. Recitals and Defined Terms. The foregoing recitals are true and correct and are incorporated into this First Amendment. Capitalized terms not otherwise defined in this First Amendment have the meanings assigned to them in the Agreement. 2. Electronic Payment Service Fee. For purposes of this First Amendment, “Electronic Payment Service Fee” means a separately stated fee authorized by the City Commission and assessed in connection with a Covered Transaction solely to recover the applicable payment-processing costs, to the extent permitted by law. 2 “Covered Transaction” means the payment of a charge established by the City and collected by the Contractor on behalf of the City through the merchant account designated by the City, using an electronic-payment method authorized by the City. A Covered Transaction does not include a cash payment, merchandise sale, or any other transaction for which the Contractor or another person is the merchant of record. The Agreement is amended to permit collection of an Electronic Payment Service Fee only in accordance with the following requirements: a. City Authorization. The Contractor shall not assess an Electronic Payment Service Fee unless and until the City provides written authorization to implement the fee for Covered Transactions. The City’s authorization shall apply prospectively to all Covered Transactions and shall not require the City to separately approve individual transactions. b. Legal Eligibility. Before authorizing implementation, the City shall determine that the Electronic Payment Service Fee may lawfully be applied to Covered Transactions and that the proposed implementation complies with applicable law and the requirements of the applicable merchant acquirer, payment processor, and payment-card network. c. Establishment of Fee. The amount or methodology of the Electronic Payment Service Fee shall be established by the City Commission based upon the actual payment-processing cost or a reasonable estimated blended rate designed to recover the City’s aggregate payment-processing costs. The applicable fee schedule shall be communicated to the Contractor in writing by the City Manager or designee. The fee shall not exceed the amount authorized by the City or the amount legally permitted and reasonably necessary to recover the applicable payment-processing costs, whichever is less. The City may periodically review and revise the fee schedule to reflect changes in processing costs. d. Application of Fee. The Contractor shall apply the City-established Electronic Payment Service Fee uniformly to all Covered Transactions in the amount or according to the methodology established by the City Commission. The Contractor shall not independently establish, increase, decrease, waive, retain, or otherwise modify the fee. e. Disclosure. Before completing a Covered Transaction, the Contractor shall clearly disclose the amount of the Electronic Payment Service Fee and any payment method available without the fee. The Electronic Payment Service Fee shall appear as a separate line item on the customer’s receipt. f. Contractor Transactions. The Contractor is solely responsible for the payment- processing costs, fees, and legal and contractual requirements associated with merchandise sales and other transactions for which the Contractor is the merchant of record. Such transactions are not Covered Transactions. Any fee imposed by the Contractor in connection with such a transaction is imposed solely by the Contractor and shall not be represented as imposed or collected on behalf of the City. 3 g. Accounting and Treatment of Proceeds. The Contractor shall separately account for all Electronic Payment Service Fees from amounts received for the underlying City- established charges included in Covered Transactions, merchandise sales, taxes, and all other receipts. Electronic Payment Service Fees are not Gross Revenue or gross sales receipts for purposes of the Agreement and shall not be included in calculating any management fee, percentage payment, revenue share, commission, or other compensation payable to either Party. The Contractor shall remit, settle, or apply all Electronic Payment Service Fee proceeds only as directed by the City and shall not retain any portion as additional compensation. h. Records and Reporting. The Contractor shall maintain transaction-level records sufficient to identify the underlying City-established pier admission charge, payment method, Electronic Payment Service Fee assessed, refund or reversal, and settlement of the fee. Such records shall be included in the Contractor’s regular financial reporting and shall be available for inspection and audit under the Agreement. i. Refunds and Chargebacks. The Contractor shall apply the City’s written refund and chargeback procedures. An Electronic Payment Service Fee shall be refunded only when required by applicable law, applicable payment-card requirements, or the City’s written direction. j. Suspension or Modification. The City may suspend, discontinue, or revise the Electronic Payment Service Fee program at any time by written notice. The Contractor shall implement the City’s direction within the time reasonably specified by the City and shall not be entitled to additional compensation or damages as a result. 3. No Other Compensation or Pricing Change. Except for an Electronic Payment Service Fee expressly authorized and implemented in accordance with this First Amendment, this First Amendment does not modify the Contractor’s annual management fee, the City-established pier admission charges, the pricing or approval requirements applicable to merchandise, or any payment or revenue-sharing obligation under the Agreement. 4. Order of Precedence. If a conflict exists between this First Amendment and the Agreement, this First Amendment controls solely with respect to the subject matter addressed herein. In all other respects, the Agreement remains controlling. 5. Ratification. Except as expressly amended by this First Amendment, all terms and conditions of the Agreement are ratified and reaffirmed and remain in full force and effect. 6. Counterparts and Electronic Signatures. This First Amendment may be executed in counterparts, each of which is deemed an original and all of which together constitute one instrument. Electronic and digital signatures shall have the same force and effect as original signatures to the extent permitted by law. 4 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO LEGAL FORM AND CORRECTNESS EVE A. BOUTSIS, CITY ATTORNEY CANDIDO SOSA-CRUZ, ICMA-CM CITY MANAGER 5 CONTRACTOR: WITNESSES: HZIP LLC, a Florida limited liability company SIGNATURE SIGNATURE PRINT Name PRINT Name SIGNATURE Title PRINT Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on , 2026, by _______________ (name), _______________________ (title), of HZIP LLC, a Florida limited liability company, who is personally known to me or has produced as identification. NOTARY PUBLIC My Commission Expires: State of Florida City of Dania Beach Parks & Recreation Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Candido Sosa-Cruz, ICMA-CM, City Manager VIA: Cassi Waren, CPRP, Director of Parks & Recreation SUBJECT: A Resolution of the City Commission authorizing a Second Amendment to US Marina Group, LLC, to authorize reimbursement for electronic payment service fees. Request: The Parks and Recreation Department is requesting the adoption of a resolution authorizing the request for approval of a contract amendment with US Marina Group to incorporate recently adopted provisions authorizing the City to recover electronic payment processing costs by assessing a fee on eligible transactions. Background: On August 25, 2026, the City Commission approved an ordinance authorizing the city to assess electronic payment processing surcharges. The purpose of this surcharge is to ensure the city recovers payment-processing expenses, rather than absorbing these costs. The surcharge is strictly limited to actual or reasonably estimated processing costs and is not intended to generate additional City revenue. To implement the surcharge, each applicable vendor agreement must be amended. This amendment allows the City to collect the authorized surcharge on eligible transactions and ensures that vendor systems comply with payment-card rules and legal requirements. Upon approval, staff will finalize vendor configurations, conduct testing, prepare customer- facing disclosures, and coordinate implementation in accordance with Commission-approved guidelines. Budgetary Impact The amendment allows the city to recover electronic payment processing costs rather than absorbing them, resulting in meaningful savings for the city. Recommendation Staff recommend approval of the contract amendment with US Marina Group to authorize the implementation of the electronic payment processing surcharge. This amendment is necessary for compliance with the City’s ordinance and ensures proper cost recovery while maintaining transparency, customer disclosure, and payment‑processor compliance requirements. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING A SECOND AMENDMENT TO THE MARINA MANAGEMENT AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA, AND US MARINA GROUP, LLC TO AUTHORIZE REIMBURSEMENT FOR ELECTRONIC PAYMENT SERVICE FEES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. the City and Oasis Marina, LLC entered into a Marina Management Agreement dated and effective January 6, 2024, under RFP No. 23-012 (the “Original Agreement”); and the Original Agreement was assigned to the US Marina Group LLC, pursuant to an Assignment and Assumption Agreement effective April 23, 2026 (the “Assignment”); and the City and the Contractor entered into a First Amendment to Marina Management Agreement dated April 23, 2026, modifying certain insurance requirements (the “First Amendment”); and the Original Agreement, as assigned by the Assignment and amended by the First Amendment, is referred to herein as the “Agreement”; and the Agreement authorizes the Contractor to manage the day-to-day operations of the Marina, including the collection of City-established charges as the City’s agent and the use of credit cards and online payments as preferred methods of payment; and the City desires to establish a contractual framework under which an electronic payment service fee may be collected on eligible City transactions, subject to applicable law, payment-card requirements, and the City’s written direction; and the City adopted an ordinance creating a provision relating to “Electronic Payment Processing Surcharges” to authorize the City to recover electronic payment processing costs as authorized by section 215.322(5), Florida Statutes, so that the City can remain whole in its fees; and the Parties desire to amend the Agreement to authorize electronic payment service fees. 2 RESOLUTION #2026-_____ 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 City approves the appropriate officials to execute the Second Amendment to the Marina Management Agreement Between the City Of Dania Beach, Florida and Us Marina Group, LLC, which amendment is attached and incorporated by reference as Exhibit A to this resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be 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 1 SECOND AMENDMENT TO MARINA MANAGEMENT AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND US MARINA GROUP, LLC (ELECTRONIC PAYMENT SERVICE FEE) This Second Amendment to Marina Management Agreement (“Second Amendment”) is entered into as of __________________, 2026 (the “Effective Date”), by and between the CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation (the “City”), and US MARINA GROUP, LLC, a Florida limited liability company (the “Contractor”). The City and the Contractor may each be referred to as a “Party” and collectively as the “Parties.” RECITALS WHEREAS, the City and Oasis Marina, LLC entered into a Marina Management Agreement dated and effective January 6, 2024, under RFP No. 23-012 (the “Original Agreement”); and WHEREAS, the Original Agreement was assigned to the Contractor pursuant to an Assignment and Assumption Agreement effective April 23, 2026 (the “Assignment”); and WHEREAS, the City and the Contractor entered into a First Amendment to Marina Management Agreement dated April 23, 2026, modifying certain insurance requirements (the “First Amendment”); and WHEREAS, the Original Agreement, as assigned by the Assignment and amended by the First Amendment, is referred to herein as the “Agreement”; and WHEREAS, the Agreement authorizes the Contractor to manage the day-to-day operations of the Marina, including the collection of City-established charges as the City’s agent and the use of credit cards and online payments as preferred methods of payment; and WHEREAS, the City desires to establish a contractual framework under which an electronic payment service fee may be collected on eligible City transactions, subject to applicable law, payment-card requirements, and the City’s written direction; and WHEREAS, the Parties desire to amend the Agreement as provided herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows: 1. Recitals and Defined Terms. The foregoing recitals are true and correct and are incorporated into this Second Amendment. Capitalized terms not otherwise defined in this Second Amendment have the meanings assigned to them in the Agreement. 2 2. Electronic Payment Service Fee. For purposes of this Second Amendment, “Electronic Payment Service Fee” means a separately stated fee authorized by the City Commission and assessed in connection with a Covered Transaction solely to recover the applicable payment- processing costs, to the extent permitted by law. “Covered Transaction” means the payment of a charge established by the City and collected by the Contractor on behalf of the City through the merchant account designated by the City, using an electronic-payment method authorized by the City. A Covered Transaction does not include a cash payment or any transaction for which the Contractor or another person is the merchant of record. The Agreement is amended to permit collection of an Electronic Payment Service Fee only in accordance with the following requirements: a. City Authorization. The Contractor shall not assess an Electronic Payment Service Fee unless and until the City provides written authorization to implement the fee for Covered Transactions. The City’s authorization shall apply prospectively to all Covered Transactions and shall not require the City to separately approve individual transactions. b. Legal Eligibility. Before authorizing implementation, the City shall determine that the Electronic Payment Service Fee may lawfully be applied to Covered Transactions and that the proposed implementation complies with applicable law and the requirements of the applicable merchant acquirer, payment processor, and payment-card network. c. Establishment of Fee. The amount or methodology of the Electronic Payment Service Fee shall be established by the City Commission based upon the actual payment-processing cost or a reasonable estimated blended rate designed to recover the City’s aggregate payment-processing costs. The applicable fee schedule shall be communicated to the Contractor in writing by the City Manager or designee. The fee shall not exceed the amount authorized by the City or the amount legally permitted and reasonably necessary to recover the applicable payment-processing costs, whichever is less. The City may periodically review and revise the fee schedule to reflect changes in processing costs. d. Application of Fee. The Contractor shall apply the City-established Electronic Payment Service Fee uniformly to all Covered Transactions in the amount or according to the methodology established by the City Commission. The Contractor shall not independently establish, increase, decrease, waive, retain, or otherwise modify the fee. e. Disclosure. Before completing a Covered Transaction, the Contractor shall clearly disclose the amount of the Electronic Payment Service Fee and any payment method available without the fee. The Electronic Payment Service Fee shall appear as a separate line item on the customer’s receipt. 3 f. Contractor Transactions. The Contractor is solely responsible for the payment-processing costs, fees, and legal and contractual requirements associated with transactions for which the Contractor is the merchant of record. Such transactions are not Covered Transactions. Any fee imposed by the Contractor in connection with such a transaction is imposed solely by the Contractor and shall not be represented as imposed or collected on behalf of the City. g. Accounting and Treatment of Proceeds. The Contractor shall separately account for all Electronic Payment Service Fees from amounts received for the underlying City-established charges included in Covered Transactions, merchandise sales, taxes, and all other receipts. Electronic Payment Service Fees are not Marina Revenue or gross receipts for purposes of the Agreement and shall not be included in calculating the Monthly Management Fee, any percentage payment, revenue share, commission, or other compensation payable to either Party. Electronic Payment Service Fee proceeds shall be applied as an offset against the corresponding credit-card fees, bank fees, third-party fees, PCI-DSS costs, and other payment-processing Operating Expenses for purposes of calculating Net Operating Income, so that only the net unrecovered payment-processing cost is treated as an Operating Expense. The Contractor shall remit, settle, or apply all Electronic Payment Service Fee proceeds only as directed by the City and shall not retain any portion as additional compensation. h. Records and Reporting. The Contractor shall maintain transaction-level records sufficient to identify the underlying City-established charge, payment method, Electronic Payment Service Fee assessed, refund or reversal, settlement of the fee, and application of fee proceeds against the corresponding payment-processing costs. Such records shall be included in the Contractor’s regular financial reporting and shall be available for inspection and audit under the Agreement. i. Refunds and Chargebacks. The Contractor shall apply the City’s written refund and chargeback procedures. An Electronic Payment Service Fee shall be refunded only when required by applicable law, applicable payment-card requirements, or the City’s written direction. j. Suspension or Modification. The City may suspend, discontinue, or revise the Electronic Payment Service Fee program at any time by written notice. The Contractor shall implement the City’s direction within the time reasonably specified by the City and shall not be entitled to additional compensation or damages as a result. 3. No Other Compensation or Pricing Change. Except for an Electronic Payment Service Fee expressly authorized and implemented in accordance with this Second Amendment, this Second Amendment does not modify the Contractor’s Monthly Management Fee, accounting services fee, marketing fee, Annual Incentive Fee, any City-established charge, the approved Annual Budget, or any other payment, expense, or compensation provision of the Agreement. 4 4. Prospective Application; No Ratification of Prior Charges. This Second Amendment applies prospectively from the date the City provides written authorization to implement the Electronic Payment Service Fee. Nothing in this Second Amendment constitutes an admission or determination regarding the authorization, legality, amount, treatment, or compliance of any fee assessed before that date, and no prior fee or practice is ratified or approved by this Second Amendment. 5. Order of Precedence. If a conflict exists between this Second Amendment and the Agreement, this Second Amendment controls solely with respect to the subject matter addressed herein. In all other respects, the Agreement remains controlling. 6. Ratification. Except as expressly amended by this Second Amendment, all terms and conditions of the Agreement are ratified and reaffirmed and remain in full force and effect. 7. Counterparts and Electronic Signatures. This Second Amendment may be executed in counterparts, each of which is deemed an original and all of which together constitute one instrument. Electronic and digital signatures shall have the same force and effect as original signatures to the extent permitted by law. SIGNATURES ON THE FOLLOWING PAGES 5 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO LEGAL FORM AND CORRECTNESS EVE A. BOUTSIS, CITY ATTORNEY CANDIDO SOSA-CRUZ, ICMA-CM CITY MANAGER 6 CONTRACTOR: WITNESSES: US MARINA GROUP, LLC, a Florida limited liability company SIGNATURE SIGNATURE PRINT Name PRINT Name SIGNATURE Title PRINT Name STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on , 2026, by _______________ (name), _______________________ (title), of US MARINA GROUP LLC, a Florida limited liability company, who is personally known to me or has produced as identification. NOTARY PUBLIC My Commission Expires: State of Florida City of Dania Beach Parks & Recreation Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Candido Sosa-Cruz, ICMA-CM, City Manager VIA: Cassi Waren, CPRP, Director of Parks and Recreation SUBJECT: Amended Parks and Recreation Schedule of Fees and Charges Request: The Parks and Recreation Department is requesting the adoption of a resolution approving the amended Parks and Recreation schedule of fees and charges. Background: The Department of Parks and Recreation has a City Commission-adopted fee schedule for pier, marina, facility rental, aquatic, fitness, camp, and programming fees. The Department conducted a comprehensive review of its existing fees for senior programming, the marina, and summer camp programming and compared them with those of the surrounding municipalities to bring us closer to market average while keeping pace with rising operating costs all while remaining competitive with the current market. As the City continues to invest in its parks, facilities, and overall quality of life, it is equally important to ensure that the associated fees appropriately reflect the quality, value, and level of services provided, while being financially sound. Updating the fee schedule, where appropriate, will help ensure that Parks and Recreation can continue delivering high-quality, top-tier amenities and programming while supporting the long-term financial sustainability of these services. The attached fee schedule, Exhibit A, provides a detailed outline of the recommended changes to the current fee schedule, with proposed revisions highlighted in red. Below is a brief overview of the areas in which changes are being recommended: • Marina Fees • Programming Fees (Summer Camp & Senior Membership) Budgetary Impact There is no budgetary impact. Recommendation It is recommended that the City Commission approve the amended Parks and Recreation schedule of fees and charges. RESOLUTION NO. 2026-488 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING THE AMENDED PARKS AND RECREATION SCHEDULE OF FEES AND CHARGES FOR SENIOR PROGRAMMING, THE MARINA, AND SUMMER CAMP PROGRAMMING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. the Parks and Recreation Department (the “Department”) staff has evaluated the existing fees for senior programming, the marina, and summer camp programming in order to recommend appropriate revisions for the City Commission to review and approve; and the Department reviewed the existing fees in comparison to the surrounding cities to determine if updates need to be made to the current fees to remain competitive and closer to market average to ensure that the City better align with the city’s strategic plan and being financially sound in order to properly run facilities, membership, programs and rentals; and the City adopted Resolution No. 2026-048, with the City’s current fee schedule; and the proposed amended fee schedule, attached as Exhibit “A” (the “Amended Fee Schedule”), will put the City’s fees on par with the fees charged by surrounding municipalities with comparable facilities and services; and the Amended Fee Schedule is reasonable and any fee not specific to the Amended Fee Schedule, a fee may be implemented or revised by the City Manager or Designee; and the City Commission deems it to be in the best interest of the City to adopt the Amended Fee Schedule, attached as Exhibit “A” and incorporated into this Resolution by this reference. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. That the City Commission adopts the Amended Fee Schedule, attached as Exhibit A and incorporated by reference into this resolution. 2 RESOLUTION #2025- Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on __________________, 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 Exhibit A Facility Rentals Rental Resident Non-Resident Non-Profit CW Thomas Park Multipurpose Room (1/3 Room) Weekdays (Monday – Friday) – Hourly $55 $100 $25 *Weekends (Friday – Sunday) for 4 hours $300 $500 Refundable Security Deposit $400 $400 Multipurpose Room (2/3 Room) Weekdays (Monday – Friday) – Hourly $80 $150 $50 *Weekends (Friday – Sunday) for 4 hours $400 $700 Refundable Security Deposit $400 $400 Multipurpose Room (Entire Room) Weekdays (Monday – Friday) – Hourly $110 $200 $75 *Weekends (Friday – Sunday) for 4 hours $500 $900 Refundable Security Deposit $400 $400 Frost Park Weekdays (Monday – Friday) – Hourly $55 $100 $25 *Weekends (Friday – Sunday) for 4 hours $300 $500 Refundable Security Deposit $250 $250 PJ Meli Aquatic Complex Weekdays (Monday – Friday) – Hourly $55 $100 $25 *Weekends (Friday – Sunday) for 4 hours $300 $500 Refundable Security Deposit $200 $250 $200 $250 SW Community Center Weekdays (Monday – Friday) – Hourly $55 $100 $25 *Weekends (Friday – Sunday) for 4 hours $300 $500 Refundable Security Deposit $250 $250 Rental Resident Non-Resident Non-Profit IT Parker Main Hall 4 Hour Weekdays (Monday – Thursday) $400 $800 $300 8 Hour Weekends (Friday – Sunday) $1,200 $2,400 $800 Commercial/Business Rental per Hour $200 $400 Additional Hours Weekdays $100 $200 $100 Additional Hours Weekends $125 $250 $125 Cleaning Fee $150 $150 $150 Refundable Security Deposit $750 $750 Security Fee for Rentals past 9:00pm (3rd Party, 4 Hour Minimum) Fee based on city contract Fee based on city contract Fee based on city contract Green Room 4 Hour Weekdays (Monday – Thursday) $200 $400 $150 8 Hour Weekends (Friday – Sunday) $600 $1200 $450 Commercial/Business Rental per Hour $100 $200 Additional Hours Weekdays $50 $100 $50 Additional Hours Weekends $75 $150 $75 Cleaning Fee $150 $150 $150 Refundable Security Deposit $500 $500 Main Hall & Green Room 4 Hour Weekdays (Monday – Thursday) $500 $1,000 $375 8 Hour Weekends (Friday – Sunday) $1,500 $3,000 $1,225 Commercial/Business Rental per Hour $250 $500 Additional Hours Weekdays $100 $200 $100 Additional Hours Weekends $125 $250 $125 **Cleaning Fee $150 $150 $150 **Refundable Security Deposit $750 $750 Security Fee for Rentals past 9:00pm (3rd Party, 4 Hour Minimum) Fee based on city contract Fee based on city contract Fee based on city contract Athletic Field/Court Rental Artificial Turf Field Rental $100/hr $175/hr Indoor Basketball Court Rental $125/hr $250/hr Multipurpose Field (1 hour, no lights) $30/hr $50/hr Multipurpose Field (1 hour, w/lights) $40/hr $70/hr Baseball Field (1 hour, no lights) $25/hr $45/hr Baseball Field (1 hour, w/lights) $35/hr $65/hr Field Lining Baseball/Softball Field (per lining) $35 $35 Football, Soccer, Rugby, Lacrosse Field (per lining) $125 $125 *4 Hour Rentals (Friday, 6pm – 10pm, Saturday & Sunday, 8am – 12pm, 1pm – 5pm, 6pm – 10pm **When IT Parker Main Hall & Green Room are rented together cleaning fee will be $150 and refundable security deposit will be $750 Taxes will be included where necessary. All Rentals require a refundable security damage deposit. Basketball and Turf Field Deposit is $250.00 All Rentals require 50% of the rental fee as a deposit at the time of contract with the remaining balance due 60 days prior to the rental. NO REFUNDS on rental fees. Patron has the opportunity to reschedule their rental. Non-profits must show proof of non-profit status to receive a non-profit rate. Fitness Centers Fee Category Resident Non-Resident Non-Profit Fitness Center Fees Daily Entry (16 and up) $5 $10 Seniors Daily Entry (65+) $4 $4 Membership Fees Single 6 Month Membership $85 $160 Single Annual Membership $150 $275 Senior 6 Month Membership (65+) $60 $80 Senior Annual Membership (65+) $100 $125 Family 6 Month Membership (4 members, 16 & up) $200 $350 Family Annual Membership (4 members, 16 & up) $300 $525 Taxes will be included where necessary. Aquatic Facility Fee Category Resident Non-Resident Non-Profit Pool Entry Fees Children (under 16) $2 $3.50 Adult $3 $5 Senior 55+ $2 - Team Fee per Person $5 $8 Membership Fees Annual Child $60 $85 Annual Adult $100 $150 Annual Senior 55+ $60 - Annual Family (includes 4 family members) $150 $250 Additional Family Member $15 $15 Semi Annual Child $50 $75 Semi Annual Adult $85 $135 Semi Family (includes 4 family members) $125 $225 Additional Family Member $15 $15 Rentals Daily Rental (4 hours) $250 $350 Security Deposit $250 $250 Taxes will be included where necessary. All Rentals require a refundable security damage deposit All Rentals require 50% of the rental fee as a deposit at the time of contract with the remaining balance due 60 days prior to the rental. NO REFUNDS on rental fees. Patron has the opportunity to reschedule their rental. Programming Fees Program Resident Non-Resident Non-Profit CW Thomas Park Dania Beach Rising Stars $100/month $50/month Reduced Resident Rate $150/month Dolphins Cheerleading $125 Early Bird $150 Regular - Dolphins Football $100 Early Bird $120 Regular - C.W. Thomas Basketball Clinics $30 per session - Dania Beach Rising Stars Day Camp $25 per day camp/resident; based on field trip scheduled Employee Resident Rate: $18.75 $35 Employee Non- Resident Rate: $26.25 Spring Break Camp $100/ Resident Rate Employee Resident Rate: $75 $150 Employee Non- Resident Rate: $112.50 Winter Break Camp $100/Resident Rate Employee Resident Rate: $75 $150 Employee Non- Resident Rate: $112.50 Thanksgiving Break Camp $60/Resident Rate Employee Resident Rate: $45 $80 Employee Non- Resident Rate: $60 Summer Camp $380 $450/reduced resident rate $500 $600/resident rate $450 $540/10% discount resident rate with 2 or more siblings $675 $900 Tiny Tots $5 - Handcrafting Class $10 - Hip Hop Contemporary Dance Class $15 per class $45 per session - FitFusion $10.00 - Grooving Gourmet Junior Chefs $20.00 - Dolphins Dance Team $175.00 - Adult Basketball League $300/ team provides own jerseys $350/early registration with team shirts 375/regular registration with team shirts - Adult Dodgeball League $150/ team provides own jerseys $200/early registration with team shirts 250/regular registration with team shirts - Youth Basketball League $75 $85 Youth Flag Football $75 $85 Marlins Jr. RBI Baseball $20 - Youth Jr. Sports $30 $35 Frost Park Dania Beach Rising Stars $100/month $50/month Reduced Resident Rate $150/month Kreation Station $50 per session - Dania Beach Rising Stars Day Camp $25 per day camp/resident; based on field trip scheduled Employee Resident Rate: $18.75 $35 Employee Non- Resident Rate: $26.25 Spring Break Camp $100/ Resident Rate Employee Resident Rate: $75 $150 Employee Non- Resident Rate: $112.50 Winter Break Camp $100/Resident Rate Employee Resident Rate: $75 $150 Employee Non- Resident Rate: $112.50 Thanksgiving Break Camp $60 $80 Frost Park Flea Market $15/ individual rate $25/ family rate for 2 spaces $40/family rate for 3 spaces - Summer Camp $380 $450/reduced resident rate $500 $600/resident rate $450 $540/10% discount resident rate with 2 or more siblings $675 $900 Youth Craft and Flea Market $10.00 - Mother’s/Father’s Day Event $30.00 per event $5.00 each additional person - Sew Kreative $30 - PJ Meli Aquatic Complex Dania Beach Rising Stars $100/month $50/month Reduced Resident Rate $150/month Adult Kickball $200/ team provides own jerseys $250/early registration with team shirts 275/regular registration with team shirts - Adult Softball $200/team provides own jerseys 250/early registration with team shirts 300/regular registration with team shirts - PJ Meli Basketball Clinics $30 per session - Free To Be Creative Dance $40 per session - Groovin Gourmets $30 per session - Dania Beach Rising Stars Day Camp $25 per day camp/resident; based on field trip scheduled Employee Resident Rate: $18.75 $35 Employee Non- Resident Rate: $26.25 Spring Break Camp $100/ Resident Rate Employee Resident Rate: $75 $150 Employee Non- Resident Rate: $112.50 Winter Break Camp $100/Resident Rate Employee Resident Rate: $75 $150 Employee Non- Resident Rate: $112.50 Thanksgiving Break Camp $60/Resident Rate Employee Resident Rate: $45 $80 Employee Non- Resident Rate: $60 Summer Camp $380 $450/reduced resident rate $500 $600/resident rate $450 $540/10% discount resident rate with 2 or more siblings $675 $900 Tot Time $5 per class $15.00 for the session $5 per class $15.00 for the session Junior Chef Sweet Creation $15.00 per class Paddle Up Dania $1 $2 HoopLab $65 - Little Sea Stars Sports Clinic $30 $35 Teen Spring/Winter/Summer Camp $50 - Parents Night Out $15 or $25 for each event. based on field trip scheduled - Senior Splash (Water Aerobics) $5 $10 Adult Recess $15 - 3 on 3 Basketball League $100 $150 Ocean Rescue Jr. Lifeguard Camp $125/week $175/week Reduced Resident Rate – Must show proof of Free & Reduced Lunch Qualification with Broward County. Pier Entry Rental Resident Non-Resident Non-Profit Pier Daily Fishing $4 $4 Daily Sightseers $2 $2 Senior Day Wednesday’s (55 and over, Residents only) FREE Senior Programming Senior Membership Annual Rates Resident Non-Resident Non-Profit Senior Clubs Gracefully Aging $5* $20 Social Seniors $5* $20 Dania Beach Senior Club $5* - Taxes will be included where necessary. *Seniors age 90 and older: Membership fee is $0. Complimentary entry to all Senior Clubs. Marina Rates Rates Annual Contracts $37 $39 per foot per month Month to Month $41 $48 per foot per month Seasonal $0 $45.00 Transient $2.50 $3.50 per foot per night Electrical $.15 $.20 per kilowatt Commercial Slip Use $2100 flat rate per month per slip (not to exceed 40’) City of Dania Beach Parks & Recreation Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Candido Sosa-Cruz, ICMA-CM, City Manager VIA: Cassi Waren, CPRP, Director of Parks & Recreation SUBJECT: Executing a Second Amendment to the agreement with Bright Wheeler Group LLC, formerly known as HZIP LLC, to reflect a corporate name change. Request: The Parks and Recreation Department is requesting that the proper City Officials authorize the execution of a second amendment to the agreement with Bright Wheeler Group LLC, formerly known as HZIP LLC, to reflect a corporate name change. Background: The City and HZIP LLC entered into an Agreement for Pier Concession Management Services under Request for Proposals No. 24-011, which was approved by the City Commission pursuant to Resolution No. 2024-120. On September 14th, 2026, the HZIP agreement was amended to authorize reimbursement for electronic payment service fees. HZIP LLC amended its Articles of Organization to change its legal name to Bright Wheeler Group LLC, while retaining Florida Document No. L23000413387 and Federal Employer Identification Number 93-3224546. The parties desire to amend the Agreement solely to reflect the Contractor’s legal name change, as reflected in the Second Amendment to the underlying Agreement attached and incorporated by reference into this Resolution as Exhibit A. Budgetary Impact No fiscal impact. Recommendation It is recommended that the City Commission authorize the execution of a second amendment to the agreement with Bright Wheeler Group LLC, formerly known as HZIP LLC, to reflect a corporate name change. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICALS TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH BRIGHT WHEELER GROUP LLC, FORMERLY KNOWN AS HZIP LLC, A FLORIDA LIMITED LIABILITY COMPANY, TO REFLECT A CORPORATE NAME CHANGE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. , the City and HZIP LLC entered into an Agreement for Pier Concession Management Services under Request for Proposals No. 24-011, which was approved by the City Commission pursuant to Resolution No. 2024-120 (the “Agreement”); and on September 14, 2026, the HZIP agreement was amended to authorize reimbursement for electronic payment service fees; and HZIP LLC amended its Articles of Organization to change its legal name to Bright Wheeler Group LLC, while retaining Florida Document No. L23000413387 and Federal Employer Identification Number 93-3224546; and , the parties desire to amend the Agreement solely to reflect the Contractor’s legal name change, as reflected in the Second Amendment to the underlying Agreement attached and incorporated by reference into this Resolution as Exhibit A. That the above “WHEREAS” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. That the City Commission authorizes the execution of Second Amendment to the Pier Concession Management Services Agreement, as HZIP LLC amended its Articles of Organization to change its legal name to Bright Wheeler Group LLC, while retaining Florida Document No. L23000413387 and Federal Employer Identification Number 93- 3224546, and the parties desire to amend the Agreement solely to reflect the Contractor’s legal name change. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. RESOLUTION #2026-_____ 2 Section 4. That this Resolution shall be in force and take effect immediately upon its passage and 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 1 SECOND AMENDMENT TO AGREEMENT FOR PIER CONCESSION MANAGEMENT SERVICES THIS SECOND AMENDMENT TO AGREEMENT (the “Amendment”) is made and entered into as of the___________________, 2026 (the “Effective Date”), by and between the CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation (the “City”), and BRIGHT WHEELER GROUP LLC, formerly known as HZIP LLC, a Florida limited liability company (the “Contractor”). RECITALS WHEREAS, the City and HZIP LLC entered into an Agreement for Pier Concession Management Services under Request for Proposals No. 24-011, which was approved by the City Commission pursuant to Resolution No. 2024-120 (the “Agreement”); and WHEREAS, HZIP LLC amended its Articles of Organization to change its legal name to Bright Wheeler Group LLC, while retaining Florida Document No. L23000413387 and Federal Employer Identification Number 93-3224546; and WHEREAS, the parties desire to amend the Agreement solely to reflect the Contractor’s legal name change. NOW, THEREFORE, in consideration of the mutual covenants contained in this Amendment and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Name Change. Effective as of the Effective Date, each reference in the Agreement to “HZIP LLC,” “HZIP,” or the “Contractor” shall mean Bright Wheeler Group LLC, formerly known as HZIP LLC. This Amendment reflects a legal name change only and does not constitute or authorize an assignment, transfer, delegation, or novation of the Agreement or any right, duty, or obligation arising under it. 2. Contractor Representations. The Contractor represents and warrants that: (a) Bright Wheeler Group LLC is the same legal entity that entered into the Agreement as HZIP LLC; (b) the name change did not alter the Contractor’s ownership, organizational structure, Florida Document Number, Federal Employer Identification Number, assets, liabilities, rights, duties, or obligations; (c) the Contractor remains authorized to transact business in Florida and to perform the Agreement; and (d) all obligations, warranties, indemnities, insurance requirements, and liabilities of HZIP LLC under the Agreement remain binding upon Bright Wheeler Group LLC without interruption. 2 3. Administrative Records. The Contractor shall promptly provide the City with any updated insurance certificates, licenses, permits, tax forms, payment records, and other vendor documentation reasonably required to reflect its new legal name. The City’s use of the former name in records created before the Effective Date does not affect the enforceability of the Agreement. 4. Ratification; Conflict. Except as expressly amended by this Amendment, the Agreement remains unchanged and in full force and effect and is ratified and confirmed by the parties. If a conflict exists between this Amendment and the Agreement, this Amendment controls solely with respect to the subject matter of this Amendment. 5. Defined Terms. Capitalized terms not defined in this Amendment have the meanings assigned to them in the Agreement. 6. Counterparts; Electronic Signatures. This Amendment may be executed in counterparts, each of which is deemed an original and all of which together constitute one instrument. Electronic and digitally transmitted signatures shall have the same force and effect as original signatures. SIGNATURES ON THE FOLLOWING PAGES 3 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO LEGAL FORM AND CORRECTNESS EVE A. BOUTSIS, CITY ATTORNEY CANDIDO SOSA-CRUZ, ICMA-CM CITY MANAGER 4 CONTRACTOR: WITNESSES: BRIGHT WHEELER GROUP LLC, (FORMERLY HZIP LLC) a Florida limited liability company SIGNATURE SIGNATURE PRINT Name PRINT Name SIGNATURE Title PRINT Name STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on , 2026, by _______________ (name), _______________________ (title), of Bright Wheeler Group, LLC (formerly known as HZIP LLC), a Florida limited liability company, who is personally known to me or has produced as identification. NOTARY PUBLIC My Commission Expires: State of Florida City of Dania Beach City Attorney Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Eve A. Boutsis, City Attorney VIA: Candido Sosa-Cruz, ICMA-CM, City Manager SUBJECT: Amending Discretionary Fund and Community Grant Funding Policies Request: To approve a resolution authorizing amendments to the City’s policies relating to discretionary funds and the community grant policy to combine the two policies into one. Background: On March 8, 2022, the City Commission approved Resolution No. 2022-041 adopting a Community Grant Policy and Discretionary Funds Use Policy (the “Policies”), two policies, using the City’s annual “discretionary” fund allocation for certain community and nonprofit purposes. On January 28, 2025, the City Commission approved Resolution No.: 2025-020 which further clarified the City’s Community Grant and the Discretionary Fund Policies. Thereafter, during the City Commission’s August 4, 2026 budget workshop, the City Commission provided consensus that they would like to combine the two programs. There shall be one deadline for submittal of applications for funding, regardless of amount. Any nonprofit must comply with State and Federal law (IRS regulations) relating to the same. The application cycle begins on October 1st each year. Completed applications are due by November 30th or as otherwise outlined in the public notice published on the City’s website. Awards will be announced by early February. City Commission, provides direct monetary grants, donations, or contributions to local non-profit organizations who demonstrate their eligibility based on the following criteria: • Active not-for-profit organizations • Faith-based organization that does not use funding to promote a particular religious faith, creed, or doctrine • Schools • After School Programs • Community Associations • Initiate or deliver programs and services to the residents of Dania Beach; or • Provide events of local significance, which could be expected to bring economic, public relations, or social benefit to the City, including promoting environmental awareness, educational excellence, expansion of the arts, or scientific research; or • Provide programs and services to address any urgent and pressing events and natural disasters (i.e. public health crisis, tropical weather events) All organizations must be able to sufficiently demonstrate compliance with all applicable non- profit and corporate filing requirements. Failure to remain compliant will result in exclusion from City funding opportunities. Fundings may be provided to eligible applicants for: • General operating and capital expenses including administrative costs and program-related expenses • Activities/functions generally occurring within City boundaries • Programs/activities/functions addressing a community need, responding to an under-served demand, or contributing to the positive image of the City Ineligible Organizations The DBCGP will not support and considers ineligible the following: • Non-profit organizations without a tax-exempt status • For-profit organizations • Private foundations • Organizations or programs designed to influence legislation or elect candidates to public office • Faith-based organizations that intend to use funding to promote a particular religious faith, creed or doctrine • Community or event advertising • Student trips or exchange programs All organizations must be able to sufficiently demonstrate compliance with all applicable non- profit and corporate filing requirements. Failure to remain compliant will result in exclusion from City funding opportunities. Disallowed Expenditures The following is a list of disallowed expenditures which is not intended to be all-inclusive. The City may, at its sole discretion, determine that an expenditure is not valid at any time during the application, award, and/or expenditure cycle. • On a retroactive basis for events that have already occurred • To support programs or services which are operated under the authority of another level or unit of government • Donations to general charitable causes that have no observable benefit to the City or its residents • For debt retirement • To an applicant that has an overdue amount owing to the City • Cell phones, smartphones, and similar electronic devices, including service costs to support such devices • Proposal preparation • Pre-award costs • Entertainment (i.e. disc jockey, band, performers for social events) • Out-of-state travel; non-local travel expenses • Gift cards • Purchase/lease of facilities and/or vehicles (e.g., buildings, buses, vans) • Land acquisition • Furniture • Honorariums for presenters/speakers • Kitchen appliances (e.g., refrigerators, microwaves, stoves, tabletop burners) • Any expenditures not aligned with the City’s adopted strategic plan and/or the core purpose and intentions of this Policy. Restrictions • Organizations can only submit one funding application per year • If the programs or services proposed in the organization’s application are not commenced or not completed within the current fiscal year and there remain City’s funds on hand, or are completed without requiring the full use of the City’s funds, the balance of the contributed funds must be returned to the City • The granting of assistance in any year is not to be considered a commitment to providing funding assistance in a future year • Funding is provided only for the sole purpose for which it was awarded within the current fiscal year Budgetary Impact The City determines the budget for this policy, and will determine, based upon application responsiveness, if any funds will be distributed. Recommendation Approve the combination of the two policies into one. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY COMMISSION “DISCRETIONARY FUNDS USE POLICY” TO COMBINE THE DISCRETIONARY FUND AND THE COMMUNITY GRANT POLICY INTO ONE PROGRAM; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. on March 8, 2022, the City Commission approved Resolution No. 2022-041 adopting a Community Grant Policy and Discretionary Funds Use Policy (the “Policies”); and on January 28, 2025, the City Commission approved Resolution No.: 2025- 020 which further clarified the City’s Community Grant and the Discretionary Fund Policies; and during the City Commission’s August 4 th, 2026 budget workshop, the City Commission provided consensus that they would like to combine the two programs; and the City Administration recommends the following amendment to create one policy, with one deadline and to increase accountability and providing for placement on City Commission meeting agendas for approval prior to the obligation of funds. That the foregoing “Whereas” clauses are ratified and confirmed to be true and correct and they are made a part of and are incorporated into this Resolution by this reference. That pursuant to this Resolution, the City Commission adopts an amendment to combine the Community Grant Policy and Discretionary Fund Use Policy into one policy, attached and incorporated by this reference as Exhibit “A”. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. That this Resolution shall be effective 10 days after passage. SIGNATURES ON THE FOLLOWING PAGE 2 RESOLUTION #2026-_____ 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 3 RESOLUTION #2026-_____ EXHIBIT A Many programs and services are provided through the efforts of local non-profit organizations to enhance the life experience of City residents, complementing, and often supplementing programs beyond the City’s capability. The City Commission is committed to working with these local non- profit organizations that provide beneficial programs and services to the community. Additionally, the City Commission uses this same funding source, known as “Discretionary Funds” to invest in community projects and initiatives. The goal of this combined policy for the use of discretionary funds for community grants and discretionary community projects is to provide transparency and accountability. All expenditure of Discretionary Funds shall be aligned with the City’s adopted strategic planning goals and shall comply with City policies and best practices regarding the transparency and accountability over the expenditure of public funds. These guidelines serve to ensure that programs and events supported by funding awards are aligned with the City’s strategic planning goals adopted in 2021, as follows: ➢ Financially sound and responsible City, providing services valued by the community ➢ Investment in upgrading City infrastructure and facilities ➢ Your hometown in Broward County – A vibrant and sustainable community ➢ Opportunities for leisure and cultural experiences All funding provided through the discretionary shall comply with City policies and best practices regarding the transparency and accountability over the expenditure of public funds. Each year, the City Commission will establish the total amount of available funding under the discretionary funding budget during the budget process, with guidance and input from the City Manager and Finance Director. This amount will drive the not-to-exceed individual award amount and total number of awards, which will be noticed on the City’s website once the application cycle has begun. 4 RESOLUTION #2026-_____ APPLICATION CYCLE The application cycle begins on October 1 each year. Completed applications are due by November 30 or as otherwise outlined in the public notice published on the City’s website. Awards will be announced by early February. The City of Dania Beach may, at the discretion of the City Commission, provide direct monetary grants, donations, or contributions to local non-profit organizations who demonstrate their eligibility based on the following criteria: • Active not-for-profit organizations • Faith-based organization that do not use funding to promote a particular religious faith, creed, or doctrine • Schools • After School Programs • Community Associations • Initiate or deliver programs and services to the residents of Dania Beach; or • Provide events of local significance, which could be expected to bring economic, public relations, or social benefit to the City, including promoting environmental awareness, educational excellence, expansion of the arts, or scientific research; or • Provide programs and services to address any urgent and pressing events and natural disasters (i.e. public health crisis, tropical weather events) All organizations must be able to sufficiently demonstrate compliance with all applicable non-profit and corporate filing requirements. Failure to remain compliant will result in exclusion from City funding opportunities. Fundings may be provided to eligible applicants for: • General operating and capital expenses including administrative costs and program-related expenses • Activities/functions generally occurring within City boundaries • Programs/activities/functions addressing a community need, responding to an under- served demand, or contributing to the positive image of the City Ineligible Organizations The DBCGP will not support and considers ineligible the following: • Non-profit organizations without a tax-exempt status • For-profit organizations • Private foundations • Organizations or programs designed to influence legislation or elect candidates to public office • Faith-based organizations that intend to use funding to promote a particular religious faith, creed or doctrine • Community or event advertising • Student trips or exchange programs 5 RESOLUTION #2026-_____ All organizations must be able to sufficiently demonstrate compliance with all applicable non- profit and corporate filing requirements. Failure to remain compliant will result in exclusion from City funding opportunities. Disallowed Expenditures • On a retroactive basis for events that have already occurred • To support programs or services which are operated under the authority of another level or unit of government • Donations to general charitable causes that have no observable benefit to the City or its residents • For debt retirement • To an applicant that has an overdue amount owing to the City • Cell phones, smartphones, and similar electronic devices, including service costs to support such devices • Proposal preparation • Pre-award costs • Entertainment (i.e. disc jockey, band, performers for social events) • Out-of-state travel; non-local travel expenses • Gift cards • Purchase/lease of facilities and/or vehicles (e.g., buildings, buses, vans) • Land acquisition • Furniture • Honorariums for presenters/speakers • Kitchen appliances (e.g., refrigerators, microwaves, stoves, tabletop burners) • Any expenditures not aligned with the City’s adopted strategic plan and/or the core purpose and intentions of this Policy. Restrictions • Organizations can only submit one funding application per year • If the programs or services proposed in the organization’s application are not commenced or not completed within the current fiscal year and there remain City’s funds on hand, or are completed without requiring the full use of the City’s funds, the balance of the contributed funds must be returned to the City • The granting of assistance in any year is not to be considered a commitment to providing funding assistance in a future year • Funding is provided only for the sole purpose for which it was awarded within the current fiscal year 6 RESOLUTION #2026-_____ APPLICATION PROCESS The requirements listed below will be used as conditions when screening the applications to indicate whether the application is completed in full. Each organization applying is required to provide: • Completed application executed by President/CEO/Chairperson • Detailed itemized budget for current budget year • Copy of IRS letter or certificate verifying tax exempt status • Copies of IRS filings/returns for last year (if applicable) • Proof of active corporate registration status (Sunbiz.org) • Current copy of IRS Form W-9 • List of Board of Directors • Articles of Incorporation • A statement of the organization’s goals and objectives and how the specific funding request is aligned with the City’s adopted strategic plan • A description of how the organization intends to measure the success of the program or service if the funding request is approved • Demonstrated need for financial assistance • If organizations are requesting funding for a specific event/project, they must provide a budget for the event/project • That adequate funding for the programs or services is not available from other sources For funding under $2,000.00, the list of requirements may be modified or eliminated at the determination of the City Commission except there cannot be a waiver of the IRS compliance requirements and Florida corporate filings. Additional documents that may be required during the application review process: • Audited financial statement along with an audit opinion for the most recent fiscal year; or • Unaudited financial statement along with a certified statement from the organization’s President/CEO/Chairperson and Treasurer. Applications that demonstrate a surplus as shown on the income statement of the event or program being hosted will not be considered. Staff will review the remaining applications using the requirements of this policy as conditions when screening each application to distinguish whether the application meets the requirements and should be considered for funding. Staff will only bring forward applications that meet the minimum requirements stated in the policy. A report summarizing the eligible submissions will be submitted by staff to the City Manager for review and placement on a City Commission meeting agenda. Applicants will be advised of the scheduled meeting date at which their application will be considered. Funding recipients will be required to acknowledge the support of the City of Dania Beach in all advertising, publicity, programs, and signage for which funds are granted. The recipient may not represent the City as a partner or hold the City responsible for any obligations relating to the grant 7 RESOLUTION #2026-_____ initiative. Additionally, the City shall not be held liable for claims against a recipient in connection with a program, project, initiative, or event funded by a City grant award. All logo use by City authorized third parties, whether for promotion, sponsorship or partnership, must first be shared with the City’s Marketing and Communications Division for review of the design and content of the flier or other presentation materials to ensure the aesthetics and substance meet the City’s standards. PROGRAM REQUIREMENTS & MONITORING th. If the expenditure of funds is delayed due beyond unforeseen circumstances, the recipient must make a request in writing to the City Manager to extend past the expenditure deadline for the particular award cycle. FINAL REPORT th of the following fiscal year. The report will indicate the amount of funds received, use of the funds, and any other information or images that show the direct benefit to the community. Failure to submit a Final Report may result in disqualification from future funding cycles. EFFECTIVE DATE 8 RESOLUTION #2026-_____ City of Dania Beach City Manager Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Candido Sosa-Cruz, ICMA-CM, City Manager VIA: SUBJECT: BSO Second Amendment to Law Enforcement Agreement Request: City Administration is requesting approval of Resolution authorizing the Second Amendment to the Broward Sheriff’s Office (BSO) Law Enforcement agreement. Background: As part of the development of the Fiscal Year (FY) 2027 Budget, the City carefully reviewed revenues, expenditures, staffing levels, service demands and overall operational needs. A fundamental responsibility in preparing a sustainable municipal budget is ensuring that ongoing expenditures are appropriately aligned with available and recurring revenues. The FY2027 Budget reflects necessary organizational decisions intended to maintain the City’s long-term financial stability while continuing to provide a high level of service to our residents, businesses and visitors. As City Manager, I worked closely with BSO District Chief Jason Tarala to review the Law Enforcement budget, existing personnel structure, vacant positions and current operational needs. Following this review, the BSO Second Amendment to the Law enforcement Agreement removes three vacant BSO Law Enforcement positions. These adjustments were not made lightly. They reflect a focused effort to align staffing and expenditures with current operational requirements while maintaining an appropriate level of law enforcement resources throughout the city. Under the recommended agreement, the City of Dania Beach will maintain a BSO Law Enforcement staffing structure of 98 personnel, consisting of: • 1 District Chief • 3 Lieutenants • 9 Sergeants • 75 Deputy Sheriffs • 3 School Resource Deputies • 5 Community Service Aides • 1 Clerical position • 1 Secretary This staffing model continues to provide a significant law enforcement presence within Dania Beach while allowing the City to responsibly manage its financial resources. Budgetary Impact The Second Amendment to the BSO Law Enforcement Agreement represents an annual cost to the City of $24,771,798. Maintaining appropriate alignment between recurring revenues and expenditures remains essential to preserving the City’s long-term fiscal stability. The recommended staffing adjustment reduces costs associated with currently vacant positions without displacing any existing BSO personnel assigned to the City of Dania Beach. Recommendation The City Administration recommends approval of the attached Resolution authorizing the Second Amendment to the BSO Law Enforcement Agreement. The proposed agreement reflects a balanced approach that supports the City’s commitment to maintaining a strong level of public safety while promoting long-term fiscal responsibility and sustainability. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING A SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA, AND THE BROWARD COUNTY SHERIFF’S OFFICE FOR POLICE SERVICES TO REMOVE THREE POSITIONS; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE SECOND AMENDMENT TO THE AGREEMENT FOR SUCH SERVICES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. the City and Broward Sheriff’s Office (BSO) executed an Agreement for five (5) years, beginning October 1, 2025, through September 30, 2030; and the City and BSO desire to adjust the staffing structure by adding one (1) Sergeant position, October 1, 2025; and City is now desirous of adjusting the staffing structure by removing three deputy sheriff positions. That the above “Whereas” clauses are ratified, made a part of and incorporated into this Resolution by this reference. That the proper City officials are authorized to execute the Second Amendment to the Agreement between the City of Dania Beach, Florida, and BSO for Police Services, which Amendment will adjust the staffing structure and is deemed necessary and in the best interests of the City. A copy of the Second Amendment is attached as Exhibit “A” and made a part of and incorporated into this Resolution by this reference. That the City Manager and City Attorney are authorized to make minor revisions to the Second Amendment to the Agreement. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. That this Resolution shall be in force and take effect immediately upon its passage and adoption. SIGNATURES ON THE FOLLOWING PAGE 2 RESOLUTION #2026-___ 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 City Manager Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Eve A. Boutsis, City Attorney VIA: Candido Sosa-Cruz, ICMA-CM, City Manager SUBJECT: Renewal for an Agreement with Gaboton Group, LLC for Lobbyist Services Pertaining to Federal Public Affairs and Legislative Issues Request: The renewal of the agreement with Gaboton Group, LLC for lobbyist services is presented for Commission review and consideration. Background: The City has retained the lobbyist services of Gaboton Group, LLC for Federal Public Affairs and Legislative Services since September 2017. The Agreement would be effective beginning October 1, 2026 through September 30, 2027. Budgetary Impact The funding of a not to exceed annual amount of $50,000.00 is planned and appropriated in the Fiscal Year 2026-2027 Commission budget, Professional Services Account Number: 001-11-01- 511-31-10. Recommendation The renewal of the agreement is a City Commission decision. RESOLUTION NO. 2026-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH GABOTON GROUP, LLC TO PROVIDE FEDERAL PUBLIC AFFAIRS LOBBYIST AND LEGISLATIVE SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS IN EXCESS OF $50,000.00, INCLUDING FEES AND COSTS, EFFECTIVE OCTOBER 1, 2026, THROUGH SEPTEMBER 30, 2027; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection (j), authorizes the City Manager to purchase supplies, services, equipment, and materials for the City government in amounts in excess of the established monetary threshold without competitive bidding and without advertisement for bids, if she is authorized to do so in advance by a resolution adopted by the City Commission; and Gaboton Group, LLC provides professional services in the fields of government and public affairs including legislative procedure and regulatory processes, public policy, federal appropriations, and grant programs administered by the federal government; and the City of Dania Beach, Florida (“City”) deems it in its best interest to retain Gaboton Group, LLC to provide such services; and lobbyist services are individualized, further, the success the City has achieved with Consultant’s firm, and the connections the Consultant has with the Federal Legislature, are the basis for the continued use of the Consultant’s services; and Gaboton Group LLC proposes to provide these services for a total annual cost exceeding Fifty Thousand Dollars ($50,000.00), including costs, for the period beginning October 1, 2026 through September 30, 2027. That the foregoing “Whereas” clauses are ratified and confirmed to be true and correct and they are made a part of and are incorporated into this Resolution by this reference. That the City Commission authorizes an Agreement with Gaboton Group, LLC for an annual amount exceeding Fifty Thousand Dollars ($50,000.00) for the retainer fees and out of pocket expenses approved by the City Manager; further, the proper City Officials are authorized to execute an agreement, a copy of which is attached as Exhibit “A”, and made a part 2 RESOLUTION #2026-_____ of and incorporated into this Resolution by this reference, for such services and expenses; provided, however that no agreement will be effective unless and until it has been executed by all parties. Section 3. That the City Manager and City Attorney are authorized to make minor revisions to the Agreement as are deemed necessary and proper for the best interests of the City. Section 4. That funding for the Federal public affairs and legislative services are planned and appropriated in the Fiscal Year 2025-2026 budget General Fund City Commission Professional Services Account No. 001-11-01-511-31-10. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on __________________, 2026. EXHIBIT “A” AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF DANIA BEACH, FLORIDA, AND THE GABOTON GROUP, LLC. The following is an agreement (this “Agreement”) dated ________________, 2026 between the City of Dania Beach, Florida, and the firm The Gaboton Group, LLC, hereinafter referred to as “The Gaboton Group". WHEREAS, The Gaboton Group provides professional services in the field of government and public affairs including legislative procedure and regulatory processes, public policy, Federal appropriations, and grant programs administered by the Federal government; and WHEREAS, the City of Dania Beach deems it in its best interest to employ The Gaboton Group to provide the City with services in the field of federal government and public affairs consulting, including legislative procedure and regulatory processes, public policy, Federal appropriations, and grant programs administered by the Federal government. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties hereto agree as follows: PART I - SPECIFIC PROVISIONS A. PROFESSIONAL SERVICES TO BE PROVIDED: The Gaboton Group will consult and advise City officials and staff, as requested, on Federal government and public affairs including legislative procedure and regulatory processes, public policy, Federal appropriations, and grant programs administered by the Federal government, including but not limited to: 1. Developing strategies to obtain and maximize Federal funding for Transportation and Infrastructure, Economic Development, Law Enforcement, Emergency Response, Educational and Technological Related Activities, including Shore Restoration Initiatives mutually agreed to in writing by the City and The Gaboton Group. 2. Coordinating the City’s Federal appropriations, authorizations, grants, legislation and policy related activities with the United States Congress and Federal agencies. 3. Access to The Gaboton Group’s new Grant Services Department and to assist the City to secure federal grant funding from federal agencies in Washington DC. 4. Monitor trends and priorities amongst the federal agencies, and The Gaboton Group will work to refine City grant proposals and insure they reflect City Administration funding objectives. 5. Maintain direct contact with Congressional Delegation members, and their staff in Washington and Florida. 2 6. Coordinate and convene local meetings with staff from the offices of US Representatives and Senators from the US Congress to update the City on legislation and policy. 7. Maintain contact with key officials from the United States House of Representatives and Senate on issues and interests involving the City. 8. Assisting to maintain contact with key officials from the Florida State legislature, and Committees staff, on issues and interests involving the City. 9. Advocating City’s interests to Federal Departments and Agencies as necessary; and 10. Two site visits per year to update and brief key City Officials and representatives on legislative activity and progress. 11. Seek opportunities for grants relating to the City’s Community Redevelopment Agency. 12. Seek opportunities for grants associated with the revitalization of Federal Highway, which included the portion located within the City’s Arts and Entertainment District. B. PAYMENT: The parties have determined the most efficient and economical method to compensate for The Gaboton Group’s services to be provided is by a monthly retainer with a not to exceed annual contract amount of Fifty Thousand Dollars ($50,000, not including costs The monthly retainer shall be deemed earned by The Gaboton Group upon the City being invoiced by The Gaboton Group. (i) MONTHLY RETAINER: The Gaboton Group’s compensation for the services provided hereunder shall be $4,166.66, per month. The Gaboton Group shall submit the monthly fee invoice at the first of each month, beginning on October 1, 2026. (ii) EXPENSES: The fees described in subsection (i) above include two (2) visits by The Gaboton Group personnel to the client offices. Such fees do not include, however, payment (reimbursement) for expenses incurred by The Gaboton Group, if any, in connection with (1) visits to the Client’s offices in excess of the number of visits set forth in the foregoing sentence, and (2) out-of-town travel undertaken by The Gaboton Group personnel at the advance written request of the client. Any reasonable and necessary costs incurred by The Gaboton Group in connection with such additional visits and out-of-town travel shall be paid (or reimbursed) by the Client upon presentation of reasonable back-up documentation; provided, however, no such expense shall exceed a maximum of Four Thousand Dollars ($4,000.00) for the term of the Agreement. PART II GENERAL PROVISIONS A. COOPERATION: The City of Dania Beach will cooperate, participate in meetings, and provide any information and documentation as may be reasonably requested by The Gaboton Group to enable the Firm to provide professional services. 3 B. STATUS OF THE GABOTON GROUP, LLC: The parties intend that The Gaboton Group, in performing its services, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. The Gaboton Group is not to be considered an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City of Dania Beach provides to its employees. C. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING INVOICES AND MAKING PAYMENTS: All notices, invoices, and payments shall be made in writing and shall be given by electronic mail, U.S. mail or personal delivery. Notices, bills and payments sent by mail must be addressed as follows: City of Dania Beach: Candido Sosa Cruz, ICMA-CM City Manager 100 West Dania Beach Boulevard Dania Beach, FL 33004 (954) 924-6800 The Gaboton Group: The Gaboton Group, LLC 601 Pennsylvania Avenue, NW South Building, Suite 900 Washington, DC 20004 (202) 220-3151 D. NON-DISCRIMINATION: The Gaboton Group shall comply with all applicable federal, state and local laws, rules and regulations in regard to nondiscrimination in employment related to race, color, ancestry, national origin, religion, sex, age, marital status, medical condition, or physical or mental disability. COMPLIANCE: The Gaboton Group and the City of Dania Beach shall comply with the Lobbying Disclosure Act and all amendments and the Honest Leadership and Open Government Act of 2007. E. TERM OF AGREEMENT: This Agreement shall become effective October 1, 2025 and shall terminate on September 30, 206 or upon 30 days’ written notice by either party to the other with or without cause. F. JURISDICTION: This Agreement and performance hereunder and all suits and special proceedings hereunder shall be construed in accordance with the laws of the State of Florida. In addition, in special proceedings or other proceedings that may be brought arising out of, in connection with, or by reason of this Agreement, the laws of the State of Florida shall be applicable and shall govern to the exclusion of the law of any other forum. 4 G. ATTORNEY'S FEES; COSTS; VENUE: In the event that either party shall bring an action or proceeding for an alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover, as part of such action or proceeding, reasonable attorney's fees, paralegal fees, and court costs at both trial and appellate levels. For the purpose of any suit, action or proceeding arising out of or relating to this Agreement, the parties hereby consent and agree to the jurisdiction and venue of state and federal courts in Broward County, Florida. H. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties and supersedes all prior oral or written agreements. No waiver, modifications, additions or addendum to this Agreement shall be valid unless in writing and signed by both The Gaboton Group and the City of Dania Beach, Florida. This Agreement may be extended by advance written mutual agreement. SIGNATURES ON THE FOLLOWING PAGES 5 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO LEGAL FORM AND CORRECTNESS EVE A. BOUTSIS, CITY ATTORNEY CANDIDO SOSA-CRUZ, ICMA-CM CITY MANAGER City of Dania Beach City Manager Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Eve A. Boutsis, City Attorney VIA: Candido Sosa-Cruz, ICMA-CM, City Manager SUBJECT: Renewal for the Annual Engagement Letter with Ronald L. Book, P.A. for Lobbyist Services Pertaining to Local (including Airport) and State Legislative Issues Request: The renewal of the engagement letter with Ronald L. Book, P.A. for lobbyist services for FY 2026-27. Background: The City has retained the lobbyist services of Ronald L. Book, P.A. for local government and airport related issues since 2015. The renewal of the engagement letter would be effective beginning October 1, 2026 through September 30, 2027. Budgetary Impact The annual cost is $62,500.00 and the funding is planned and appropriated in the Fiscal Year 2026-2027 Commission budget, Professional Services Account Number: 001-11-01-511-31-10. Recommendation The renewal of the engagement letter is a City Commission decision RESOLUTION NO. 2026-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN ENGAGEMENT LETTER THAT EXCEEDS THE ANNUAL VENDOR THRESHOLD TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00) WITH RONALD L. BOOK, P.A., FOR CONSULTING (LOBBYIST) SERVICES RELATED TO ISSUES OF CONCERN TO THE CITY OF DANIA BEACH, INCLUDING MATTERS ASSOCIATED WITH BROWARD COUNTY AS WELL AS GENERAL LEGISLATION AND RELATED ISSUES AT THE STATE LEVEL, IN AN AMOUNT NOT TO EXCEED SIXTY‑TWO THOUSAND FIVE HUNDRED DOLLARS ($62,500.00) FOR FISCAL YEAR 2026–27; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection (j), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of the established monetary threshold without competitive bidding and without advertisement for bids if she is authorized to do so in advance by a resolution adopted by the City Commission; and the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, “Monetary thresholds for certain purchases and payment disbursement authorizations”, subsection (a), sets the monetary threshold or limitation at $50,000.00 for a vendor each fiscal year; and the City has retained Ronald L. Book, P.A. (the “Consultant”) through an Engagement Letter for the past several years, to provide services in connection with Broward County and State-related issues of concern to the City of Dania Beach (the “Services”); and the current agreement expires on September 30, 2026, and the City desires to continue to obtain the Services of the Consultant; and the total amount of purchases from the Consultant for Fiscal Year 2026-27 will exceed the $50,000.00 annual purchase threshold for a single vendor and, therefore, requires City Commission approval. That the above “Whereas” clauses are true and correct, and they are made a part of and incorporated into this Resolution by this reference. RESOLUTION #2026-______ 2 Section 2. That the City Commission authorizes the proper City officials to execute an engagement letter with Ronald L. Book, P.A., which will provide the City with consulting (lobbyist) services beginning October 1, 2026 for a one year term at a cost of Sixty Two Thousand Five Hundred Dollars ($62,500.00) inclusive of all expenses, payable monthly, in eleven (11) payments of Five Thousand Two Hundred Eight Dollars and Thirty Three Cents ($5,208.33) with the last installment being Five Thousand Two Hundred Eight Dollars and Thirty Seven Cents ($5,208.37). A copy of the Engagement Letter is attached as Exhibit “A”, and it is made a part of and is incorporated into this Resolution by this reference. Section 3. That funding is planned and appropriated in the Fiscal Year 2026-27 City Commission budget Professional Services Account #001-11-01-511-31-10. Section 4. That all services obtained from Ronald L. Book, P.A. shall be subject to approved annual budget appropriations and in accordance with the City’s procurement policies and are authorized to exceed the annual amount of $50,000.00 purchase threshold for a single vendor for Fiscal Year 2026-27. 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. 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 RESOLUTION #2026-______ 3 ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY August 24, 2026 Ms. Eve A. Boutsis City Attorney City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 Dear Eve: Thank you, and the City Manager, as well as the City Commission for allowing our firm the continued privilege of representing the City of Dania Beach and the taxpayers of your great City at the State Capitol. The representation includes the Legislative and the Executive Branch on Governmental Affairs matters. My firm will provide support on all matters with an emphasis on legislative appropriations issues, as well as continuing to protect the City’s valuable stake in the Tribal Compact on the statutorily directed distribution of local impact funds. Our firm’s responsibility will be to handle all traditional lobbying services. This will include, but not be limited to, working with local staff, Legislative Staff, and Executive Branch Staff as well as elected officials at all levels. We will, at all times, aggressively represent and advocate for the City and its interests. You agree to fully educate us on all matters of interest and priority to the City, and we agree to meet periodically, as requested. In exchange for this representation, you agree to compensate our firm with a retainer of $62,500 a year payable in monthly payments of $5,208.33 a month, except the final month will be invoiced at $5,208.37. This agreement will be effective October 1, 2026, and extend for twelve (12) months, anticipating a renewal prior to the expiration of this agreement of September 30, 2027, for an additional twelve-month period, unless a written notice of discontinuation is received not less than 30 days prior to the end of the agreement. It is also understood that this agreement is cancellable by either party with 30 days written notice. Assuming this meets with your approval, please sign, and return to my office. Sincerely, _____________________________ _____________________________ Ronald L. Book Joyce L. Davis, Mayor Ronald L. Book, P.A. Attest: _____________________________ Candido Sosa-Cruz, City Manager _____________________________ Elora Riera, MMC, City Clerk _____________________________ Eve A. Boutsis, City Attorney City of Dania Beach Community Development Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Candido Sosa-Cruz, ICMA-CM, City Manager VIA: Eleanor Norena, CFM, Deputy City Manager Corinne Lajoie, MURP, AICP, Director Shanesa Miranda, Deputy Director SUBJECT: Authorizing Community Development Department to establish a pool of planning consultants in response to a Planning Consulting Services Pool Request for Qualifications. (RFQ No. 26-020) Request: Community Development Department is requesting approval of six (6) consultants to be qualified to provide a variety of planning services to the City. This will alleviate the need to put out a Request for Proposals each time there is a need. Background: The department requests to establish a qualified pool of planning firms that can be utilized for both anticipated and unforeseen planning projects as needs arise. Establishing this pool will provide the City with greater flexibility and efficiency in securing specialized expertise without having to initiate a separate procurement process. It will also allow the department to respond more quickly to emergency planning needs, accommodate various project scopes and timelines, and access firms with specific areas of expertise. This approach will help ensure continuity of service, competitive pricing, and the ability to select the most appropriate consultant for each project while supporting the City's ongoing development, redevelopment and long-term planning objectives. On July 24, 2026, Community Development, with assistance from the City’s Finance Department, published a Planning Consulting Services Pool Request for Qualifications (RFQ). On August 14, 2026, when the application window closed, six (6) firms had submitted qualification. The firms that submitted qualifications are: • MHCP Colab LLC • Chen Moore and Associates Inc. • The Corradino Group Inc. • Calvin, Giordano & Associates Inc. • Keith and Associates Inc. • WGI, Inc. A bid committee was formed consisting of a Planner, Office Manager and Administrative Professional II . The Bid Review Committee met on August 31, 2026, and on September 3, 2026, to review and evaluate the proposals. The Committee accepted all firms as qualified. The City will enter into a continuing contract with each company, as needed for anticipated planning projects for five (5) years, expiring on August 24, 2031. Budgetary Impact No budgetary impacts at this time. The expenditure will be determined as project arise. Recommendation Approve the resolution establishing all firms as qualified planning vendors. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AGREEMENTS WITH FIRMS THAT SUBMITTED RESPONSES TO THE CITY’S REQUEST FOR QUALIFICATIONS (“RFQ”) NO. 26‑020, ENTITLED “PLANNING CONSULTING SERVICES (POOL)”; AUTHORIZING THE CITY TO EXCEED THE $50,000.00 SINGLE‑VENDOR ANNUAL THRESHOLD FOR THE DURATION OF THE CONTRACT PERIOD; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, “Monetary thresholds for certain purchases and payment disbursement authorizations”, Subsection (a), sets the monetary threshold at Fifty Thousand Dollars ($50,000.00) without City Commission approval and as services may exceed $50,000.00, the City Commission is to approve the agreement; and the City issued a Request for Qualifications under RFQ No. 26-020 on July 24, 2026, to contract with various qualified planning consultants, to provide planning consulting services for various City projects; and , responses were opened on August 14, 2026, at 10:00 a.m., the City received proposals from six (6) qualified firms and a committee comprised of a Planner, Office Manager, and Administrative Professional II, met on August 31, 2026, to evaluate the proposals; and WHEREAS, the firms that responded to the RFQ are shown below in no particular order; Firm MHCP Colab LLC Chen Moore and Associates Inc. The Corradino Group Inc. Calvin, Giordano & Associates Inc. Keith and Associates Inc. WGI, Inc. WHEREAS, the City will enter into a “continuing contract” with each firm, which a template of that Agreement is attached as Exhibit “A” and incorporated by this reference, expiring September 24, 2031, allowing the City to terminate any contract after notice, and allowing the City to select one of the firms for a specific project and authorize a contract on an as-needed basis as projects arise, and the planning services under a continuing contract cannot exceed $500,000.00, for the length of the continuing services contract. 2 RESOLUTION #2026-_____ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: That the foregoing “WHEREAS” clauses are ratified and confirmed as being true and correct, and they are made a specific part of and incorporated into this Resolution by this reference. That the proper City officials are authorized to execute continuing services agreements between the City of Dania Beach and the six Firms, which Agreement template is attached as Exhibit “A” and incorporated by this reference. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. That this Resolution shall be effective 10 days after passage. 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 JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 1 CONTINUING PROFESSIONAL SERVICES AGREEMENT PLANNING CONSULTING SERVICES POOL RFQ NO. 26-020 This Continuing Professional Services Agreement (the “Agreement”) is entered into as of ____________, 2026 (the “Effective Date”), by and between the CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation (the “City”), and ________________________________, a ________________________________, authorized to transact business in Florida (the “Consultant”). The City and Consultant may each be referred to as a “Party” and collectively as the “Parties.” RECITALS WHEREAS, the City issued Request for Qualifications No. 26-020, Planning Consulting Services Pool (the “RFQ”), on July 24, 2026, seeking qualified firms to provide as-needed planning consulting services for various City projects; and WHEREAS, proposals were opened on August 14, 2026, and the City selected qualified firms for a nonexclusive pool of planning consultants; and WHEREAS, by Resolution No. 2026-____, adopted September 24, 2026, the City Commission authorized the proper City officials to enter into continuing services agreements with the selected firms and authorized expenditures above the otherwise applicable single-vendor annual threshold, subject to lawful appropriation and task authorization; and WHEREAS, Consultant represented in its response to the RFQ (the “Proposal”) that it possesses the personnel, experience, licenses, and capacity necessary to perform the Services; and WHEREAS, the Parties desire to establish the terms governing individual assignments, each of which must be authorized by a written Task Authorization before work begins. NOW, THEREFORE, in consideration of the mutual covenants stated below, the Parties agree as follows: 1. DEFINITIONS 1.1 “Applicable Law” means all applicable federal, state, county, and municipal laws, statutes, rules, regulations, codes, ordinances, orders, permit conditions, and binding governmental requirements applicable to this Agreement, a Task Authorization, or the Services. 1.2 “City Project Manager” means the City employee or authorized representative identified in a Task Authorization to administer the applicable assignment. The City Project Manager may provide routine direction and approve Deliverables but may not amend this Agreement, materially change a Task Authorization, increase compensation, or bind the City beyond the authority expressly delegated in writing. 2 1.3 “Consultant Personnel” means Consultant’s employees, officers, agents, Subconsultants, and other persons used by Consultant to perform the Work. 1.4 “Contract Documents” means this Agreement, duly executed amendments to this Agreement, each executed Task Authorization and amendment thereto, the RFQ and its addenda, and the portions of Consultant’s Proposal expressly incorporated under this Agreement. Consultant’s Proposal is incorporated only to establish its representations, qualifications, personnel, capabilities, and commitments responsive to the RFQ and does not incorporate Consultant’s exceptions, assumptions, disclaimers, limitations of liability, additional terms, or standard business terms unless expressly accepted in a written amendment executed by the City. 1.5 “Deliverables” means the reports, analyses, studies, maps, plans, graphics, presentations, data, databases, files, memoranda, proposed code language, and other work product required by a Task Authorization. 1.6 “Proposal” means Consultant’s complete response to RFQ No. 26-020, including its certifications, representations, qualifications, proposed personnel, identified Subconsultants, and other commitments, as clarified or supplemented in writing and accepted by the City. 1.7 “Services” means the planning consulting and related professional services described in Exhibit A and specifically authorized under an executed Task Authorization. 1.8 “Subconsultant” means any person or entity retained by Consultant to perform any portion of the Work, regardless of tier. 1.9 “Task Authorization” means a written assignment substantially in the form of Exhibit B that identifies the applicable scope, Deliverables, personnel, schedule, compensation, not-to-exceed amount, and other project-specific requirements and is executed by Consultant and the City official authorized to approve the assignment and commit the applicable funds. A purchase order, notice to proceed, email, invoice, proposal, or other communication does not constitute or modify a Task Authorization unless it expressly states the modification and is executed by an authorized City official. 1.10 “Work” means the Services and Deliverables required under an executed Task Authorization, including all labor, supervision, coordination, materials, equipment, and incidental services reasonably necessary to complete the authorized assignment. 2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE 2.1 Contract Documents. The Contract Documents are intended to be complementary and shall be interpreted together. Consultant shall perform all obligations reasonably inferable from the Contract Documents as necessary to complete the Work authorized by a Task Authorization, provided that no inference may materially expand the scope, compensation, or schedule stated in the applicable Task Authorization. 3 2.2 Order of Precedence. If an irreconcilable conflict exists among the Contract Documents, the following order of precedence applies: 1. Amendments to this Agreement, with the most recently executed amendment controlling; 2. This Agreement; 3. The applicable Task Authorization and its duly executed amendments, with the most recent amendment controlling, but only as to project-specific scope, Deliverables, personnel, schedule, compensation, and expressly stated project requirements; 4. The RFQ and its addenda, with the most recent addendum controlling; and 5. The portions of Consultant’s Proposal incorporated under Section 1.4. A Task Authorization does not modify the general legal or administrative terms of this Agreement unless it expressly identifies the provision being modified and is approved and executed with the same authority and formality required to amend this Agreement. 2.3 Proposal Terms. Consultant’s exceptions, qualifications, assumptions, disclaimers, limitations of liability, indemnification provisions, payment terms, ownership restrictions, or standard business terms are not binding on the City unless expressly accepted in a duly executed amendment to this Agreement. No terms appearing on or incorporated into a quotation, invoice, website, electronic platform, click-through agreement, purchase acknowledgment, or other Consultant-generated document modify the Contract Documents. 2.4 Ambiguities and Omissions. Consultant shall promptly notify the City Project Manager in writing of a material conflict, ambiguity, or omission discovered in the Contract Documents and shall obtain written direction before proceeding with the affected Work. Consultant may not take advantage of a known ambiguity or omission. If Consultant proceeds without requesting clarification, the City may require the reasonable interpretation that is consistent with the authorized scope and purpose of the applicable Task Authorization, without increasing Consultant’s compensation except where the City’s direction materially changes the authorized scope. 2.5 Nonwaivable Requirements. Nothing in a Task Authorization, purchase order, notice to proceed, proposal, invoice, or other project document may waive or modify applicable statutory requirements, the City’s sovereign immunity, public-records obligations, ethics requirements, procurement requirements, or limitations on the authority of City officials unless the modification is lawful and contained in a duly authorized amendment to this Agreement. 3. NATURE OF POOL; NO GUARANTEE OF WORK This is a nonexclusive, as-needed agreement. Admission to the pool does not guarantee Consultant any Task Authorization, minimum compensation, rotation, reimbursement, or exclusivity. The City may perform work with its own forces, use another pool consultant, or procure services separately. 4 Subject to Applicable Law, the City may consider qualifications, specialized expertise, availability, past performance, workload, equitable distribution, schedule, location, conflicts, and project needs when making assignments. If section 287.055, Florida Statutes, applies to an assignment, selection and negotiation shall comply with that statute. Firms under continuing contracts may not be required to bid against one another. Nothing in this Agreement authorizes a procurement method, project, study, or fee exceeding a statutory threshold or City authorization. 4. TERM The term begins on the Effective Date and expires on September 24, 2031, unless earlier terminated under this Agreement. No automatic renewal applies. Expiration does not terminate a Task Authorization already issued. Unless the City directs otherwise, that Task Authorization remains governed by this Agreement until completion or termination. Any extension must be in a written amendment approved and executed with the same formality as this Agreement. 5. TASK AUTHORIZATIONS 5.1 Written Authorization Required. Consultant shall not begin Work unless the City and Consultant have executed a Task Authorization and the City has issued any required purchase order. Consultant shall commence Work on the date stated in the Task Authorization. If the Task Authorization expressly requires a separate written Notice to Proceed, Consultant shall commence Work on the date stated in the Notice to Proceed issued by the City Project Manager. No separate Notice to Proceed is required unless expressly stated in the Task Authorization. The City has no obligation to pay for services performed before authorization or exceeding the authorized scope or not-to-exceed amount. Consultant shall promptly notify the City Project Manager if Consultant reasonably believes that requested work is outside the authorized scope or will cause the authorized amount or schedule to be exceeded. 5.2 Required Terms. Each Task Authorization shall identify, as applicable: 1. The project and applicable service category; 2. The detailed scope of Services and Deliverables; 3. Material assumptions, exclusions, dependencies, and acceptance criteria; 4. Key personnel and approved Subconsultants; 5. The schedule, milestones, and completion date; 6. The compensation method, applicable rates, and not-to-exceed amount; 7. Approved reimbursable expenses; 8. The funding source and any grant requirements; 9. The City Project Manager; and 5 10. Any project-specific insurance, security, confidentiality, accessibility, public-engagement, records, or reporting requirements. 5.3 Changes to Task Authorizations. A material change to the scope, Deliverables, personnel, schedule, compensation, or not-to-exceed amount is effective only through a written amendment to the Task Authorization executed by Consultant and the City official authorized to approve the change and commit the applicable funds. Consultant shall not perform disputed or materially out-of-scope work until the change is authorized in writing, except when the City directs temporary emergency measures necessary to protect persons, property, public records, or ongoing Work. Consultant shall continue performing all undisputed Work while the Parties address a proposed change. If a written City directive materially changes the authorized scope or a material condition upon which the Task Authorization was based, Consultant shall provide prompt written notice describing the anticipated cost and schedule impact. Any adjustment to compensation or time must be approved in a written amendment before the affected additional work is performed. 5.4 No Constructive Changes. Oral directions, informal communications, staff participation, review comments, meetings, or the City’s knowledge that additional work is being performed do not amend a Task Authorization or authorize additional compensation. Consultant may rely only upon a written authorization executed by a City official with authority to approve the change. 5.5 Statutory and City Authorization Limits. Each Task Authorization must comply with Applicable Law, the City Code, the RFQ, the applicable City Commission authorization, and the available appropriation. For an assignment governed by section 287.055, Florida Statutes: 1. Each project shall remain within the applicable statutory project threshold, as adjusted by law; 2. The professional fee for each individual study activity shall not exceed the applicable statutory limit; and 3. Work of a specified nature must fall within the scope and term of this Agreement. No Task Authorization may be divided or structured to avoid a statutory procurement threshold or required approval. If a City Commission authorization establishes a stricter project or aggregate expenditure limit, that limitation controls. 5.6 Suspension of a Task Authorization. The City may suspend all or part of a Task Authorization by written notice. Consultant shall promptly stop the affected Work, protect completed and in-process Work, mitigate avoidable costs, and continue any Work not suspended. If a suspension not caused by Consultant’s default materially affects the schedule or reasonable cost of performance, the Parties may make an equitable adjustment through a written amendment. If the suspension continues for more than thirty consecutive days, either Party may request termination of the affected Task Authorization under Section 19. 6 6. STANDARD OF PERFORMANCE; PERSONNEL 6.1 Standard of Care. Consultant shall perform the Work with the professional skill, care, diligence, and judgment ordinarily exercised by qualified professionals performing comparable services in the same locality and under similar circumstances. Consultant shall perform in accordance with Applicable Law and the requirements of the Contract Documents. Consultant does not warrant or guarantee a particular governmental, regulatory, financial, or project outcome. No provision of the Contract Documents shall be interpreted as imposing a standard of care greater than that required by this Section unless expressly required by Applicable Law. 6.2 Correction of Deficient Work. Consultant shall, without additional compensation, promptly correct or revise Work that fails to meet the standard of care established in Section 6.1 or otherwise fails to conform materially to the applicable Task Authorization, to the extent the deficiency was caused by Consultant or Consultant Personnel. Consultant is not responsible for correcting a deficiency caused solely by: 1. Inaccurate or incomplete information furnished by the City that Consultant could not reasonably have identified through the exercise of the required standard of care; 2. Changes in Applicable Law occurring after completion of the affected Work; 3. Unauthorized modification or reuse of a Deliverable by the City or a third party; or 4. A written City direction issued over Consultant’s timely professional objection. Consultant shall remain responsible to the extent its acts or omissions contributed to the deficiency. 6.3 Schedule and Progress. Consultant shall perform the Work diligently and meet the schedule and milestones established in the applicable Task Authorization. Consultant shall promptly notify the City Project Manager in writing of any circumstance reasonably likely to delay performance, stating the cause, anticipated duration, effect on the Work, and proposed mitigation. Consultant is entitled to a reasonable schedule adjustment for delay caused by the City or another event for which Consultant is not responsible, provided Consultant gives timely notice and uses reasonable efforts to mitigate the delay. Any adjustment must be documented in accordance with Section 5. 6.4 Key Personnel. Consultant shall provide the key personnel identified in the Proposal or applicable Task Authorization. Consultant shall not replace key personnel without the City’s prior written approval, which shall not be unreasonably withheld when the proposed replacement possesses comparable or superior qualifications and availability. 7 The City may reasonably require removal of personnel based on documented performance, conduct, conflict-of-interest, safety, security, or professional-qualification concerns. Consultant shall promptly propose a qualified replacement. Consultant is not entitled to additional compensation for a personnel replacement necessitated by Consultant’s staffing decisions or failure to provide the committed personnel. 6.5 Licenses and Qualifications. Consultant and each Subconsultant shall maintain all licenses, registrations, certifications, and permits required for their assigned services. Services that Applicable Law requires to be performed by a licensed or registered professional shall be performed under that professional’s responsible supervision and signed and sealed when required. Consultant shall promptly notify the City of any suspension, restriction, expiration, disciplinary action, or other material change affecting a required professional qualification. 6.6 Coordination. Consultant shall reasonably coordinate its Work with City staff, other City consultants, governmental agencies, applicants, and other persons identified in the applicable Task Authorization. Consultant shall identify reasonably apparent conflicts, inconsistencies, missing information, and coordination issues that may materially affect cost, schedule, legality, feasibility, or the usefulness of a Deliverable. Consultant is not responsible for the acts or omissions of persons outside Consultant’s control, but shall timely notify the City of reasonably apparent problems affecting Consultant’s Work. 6.7 Reliance on City-Furnished Information. Consultant may reasonably rely on information, records, decisions, and directions furnished by the City or its authorized representatives unless Consultant knows or, through the exercise of the standard of care established in Section 6.1, should know that the information is materially inaccurate, incomplete, or inconsistent. Consultant shall promptly identify material assumptions and request clarification when reasonably necessary. If inaccurate or incomplete City-furnished information materially changes the authorized scope, cost, or schedule, any adjustment shall be addressed under Section 5. 6.8 Professional Recommendations and Governmental Authority. Consultant shall provide independent professional advice based on the facts, Applicable Law, and the required standard of care. Consultant shall not alter a professional opinion solely to obtain a preferred result. Consultant has no authority to issue governmental approvals, make final policy or quasi-judicial decisions, waive City requirements, direct City employees, or bind the City unless expressly authorized by Applicable Law and a written delegation from the City. 8 7. SCOPE OF PLANNING SERVICES 7.1 General Scope. Consultant shall provide the planning consulting and related professional services described in Exhibit A only as specifically authorized through an executed Task Authorization. Exhibit A identifies the categories of services potentially available under this Agreement but does not independently authorize Work or require the City to assign any service to Consultant. 7.2 Task-Specific Scope. Each Task Authorization shall define the Services and Deliverables required for the applicable assignment. Consultant shall provide professional labor, supervision, coordination, meetings, research, analysis, documentation, and other incidental services reasonably necessary to complete the expressly authorized scope. Incidental services do not include a material expansion of the authorized scope, a new Deliverable, or work requiring a professional discipline not identified in the Task Authorization. Such work requires prior written authorization under Section 5. 7.3 Authorized Service Categories. Subject to the RFQ, Consultant’s demonstrated qualifications, and the applicable Task Authorization, Services may include: 1. Comprehensive planning and plan amendments; 2. Land development regulation and zoning-code review and drafting; 3. Development application, site plan, rezoning, variance, special exception, plat, and due- diligence review support; 4. Urban design, corridor, neighborhood, redevelopment, resilience, mobility, housing, and special-area planning; 5. Planning studies, demographic analysis, land-use analysis, development-capacity analysis, and best-practice research; 6. Geographic information system analysis, mapping, graphics, inventories, databases, and related planning products; 7. Community engagement, stakeholder coordination, workshops, surveys, public presentations, and public-information materials; 8. Staff support and attendance at meetings of the City Commission, Planning and Zoning Board, Board of Adjustment, Community Redevelopment Agency, advisory boards, and other governmental bodies; 9. Intergovernmental coordination and assistance with county, regional, state, and federal planning requirements; 10. Grant-related planning support and documentation when expressly assigned; 11. Professional findings, recommendations, staff reports, expert opinions, and testimony within Consultant’s qualifications; and 12. Related project management and coordination expressly identified in a Task Authorization. 7.4 Regulated Professional Services. Consultant shall not perform architecture, engineering, landscape architecture, surveying and mapping, environmental testing, appraisal, legal services, or another regulated professional service unless: 9 1. The service is within the RFQ and applicable procurement authorization; 2. It is expressly included in the Task Authorization; 3. Consultant or an approved Subconsultant is properly licensed and qualified to perform it; and 4. Any additional statutory procurement requirements have been satisfied. 7.5 Advisory Role. Consultant’s role is advisory unless Applicable Law and a written authorization expressly provide otherwise. Consultant may prepare recommendations, findings, draft documents, and professional opinions, but may not: 1. Bind the City or commit City funds; 2. Issue final governmental or regulatory approvals; 3. Waive or modify City requirements; 4. Make legislative, quasi-judicial, or policy decisions reserved to the City; 5. Direct City employees; or 6. Represent that a recommendation or draft document constitutes final City policy. 7.6 Neutral and Independent Review. When assisting with development applications, code amendments, public hearings, or other regulatory matters, Consultant shall provide objective professional analysis based on the record, Applicable Law, adopted City policies, and the standard of care established in Section 6. Consultant shall promptly disclose any relationship or interest that could reasonably call its impartiality into question. 7.7 City Responsibilities. The City shall provide reasonably available records, policies, prior studies, access to appropriate personnel, and timely decisions identified as City responsibilities in the applicable Task Authorization. Consultant remains responsible for determining what information is reasonably necessary to perform its authorized Services and for timely requesting missing information. 8. COMPENSATION; INVOICES; PAYMENT 8.1 Task-Specific Compensation. Compensation for each assignment shall be established in the applicable Task Authorization as a lump sum, hourly amount subject to a not-to-exceed limit, unit price, or other lawful compensation method. The Task Authorization’s not-to-exceed amount is the maximum amount payable for the authorized Work, including labor, overhead, profit, Subconsultant costs, and approved reimbursable expenses. Consultant shall not exceed that amount without a written amendment executed in accordance with Section 5. 8.2 Rates. Hourly rates and other unit rates shall not exceed the rates accepted by the City under the RFQ or subsequently negotiated and approved in writing by the City. Rates shall remain firm for the period stated in the RFQ or applicable Task Authorization. 10 No rate increase is effective automatically or by invoice, notice, website posting, or Consultant policy. Any proposed increase must be supported by reasonable documentation and approved prospectively in a written amendment. An approved rate increase does not increase an existing Task Authorization’s not-to-exceed amount unless the amendment expressly provides otherwise. 8.3 Included Costs. Unless a Task Authorization expressly provides otherwise, the approved rates and lump-sum amounts include: 1. Salaries, wages, benefits, payroll taxes, and personnel costs; 2. General overhead and administrative expenses; 3. Profit; 4. Routine computer hardware, software, communications, and office expenses; 5. Ordinary printing and copying; 6. Travel within Broward, Miami-Dade and Palm Beach Counties; 7. Quality-control and supervisory review; and 8. Other costs ordinarily necessary to perform the authorized Services. Consultant may not separately charge the City for correcting Consultant-caused errors or omissions, preparing invoices, responding to an audit, or complying with the administrative requirements of this Agreement. 8.4 Subconsultant Costs. Approved Subconsultant services shall be billed in the manner stated in the Task Authorization. Unless the Task Authorization expressly authorizes a markup, Subconsultant costs shall be billed at Consultant’s actual documented cost without markup. Consultant shall pay its Subconsultants in accordance with Applicable Law and their agreements. The City has no direct payment obligation to a Subconsultant. 8.5 Reimbursable Expenses. A reimbursable expense must be: 1. Reasonable and necessary to the authorized Work; 2. Approved in writing before it is incurred; 3. Identified in the applicable Task Authorization or amendment; 4. Supported by receipts or equivalent documentation; and 5. Included within the Task Authorization’s not-to-exceed amount. Approved expenses shall be billed at actual cost without markup. Travel outside Broward, Miami- Dade, and Palm Beach Counties shall not exceed the rates permitted under section 112.061, Florida Statutes, unless the City approves a lower amount or another lawful rate in writing. Routine local travel, mileage, meals, lodging, printing, postage, software, telephone, and office expenses are not reimbursable unless expressly authorized. 11 8.6 Invoices. Consultant shall submit itemized monthly invoices in a form reasonably acceptable to the City. Each invoice shall include: 1. The Agreement and Task Authorization numbers; 2. The billing period; 3. A description of Work performed and Deliverables completed; 4. The names or identifying positions of personnel performing the Work; 5. Labor classifications, dates, hours, and applicable rates; 6. The percentage of each task completed, when applicable; 7. Approved Subconsultant charges and supporting invoices; 8. Approved reimbursable expenses and supporting documentation; 9. Amounts previously billed and paid; 10. The amount currently requested; and 11. The remaining authorized amount. For lump-sum Work, invoices shall be based on documented progress or completed milestones and may not exceed the value of Work properly performed. 8.7 Review and Disputed Amounts. The City may reject or withhold payment of an amount that is disputed, unsupported, premature, duplicative, unauthorized, or attributable to materially nonconforming Work. The City shall notify Consultant of a material invoice deficiency within the period required by the Florida Local Government Prompt Payment Act and shall identify the basis for the deficiency with reasonable specificity. Consultant shall timely provide corrected or supplemental documentation. The City shall not withhold an undisputed portion of an otherwise disputed invoice. 8.8 Payment. The City shall pay properly submitted and undisputed invoices in accordance with sections 218.70 through 218.80, Florida Statutes. Payment does not constitute acceptance of deficient Work, approval of an unauthorized charge, or waiver of the City’s audit, correction, indemnification, or recovery rights. Consultant is not entitled to interest, finance charges, collection charges, or late fees except as expressly required by Applicable Law. 8.9 Monitoring the Authorized Amount. Consultant shall monitor expenditures and notify the City Project Manager in writing when charges reach eighty percent of the applicable not-to-exceed amount, or earlier if Consultant reasonably anticipates that the authorized amount will be insufficient. Consultant shall stop performing affected Work upon reaching the authorized amount unless the City has executed an amendment. Consultant is not required to continue performing additional Work without authorization, and the City is not responsible for unauthorized excess charges. 12 8.10 Final Payment. Consultant’s final invoice shall be submitted after completion of the authorized Work and shall be accompanied by: 1. All required final Deliverables in the specified formats; 2. Required project and public records; 3. A reconciliation of amounts billed and paid; 4. Supporting documentation for remaining charges; and 5. Any other closeout materials expressly required by the Task Authorization. Final payment does not waive latent defects, professional negligence, fraud, overpayment, audit rights, indemnification obligations, or other obligations that survive completion. 8.11 Overpayments and Setoff. Consultant shall refund an undisputed overpayment within thirty days after written notice. If Consultant disputes the asserted overpayment, it shall provide supporting documentation within fifteen days after notice. After considering Consultant’s documentation, the City may recover a properly established overpayment through reimbursement or setoff against amounts otherwise due, subject to Applicable Law. 8.12 Appropriation and Availability of Funds. The City’s payment obligations are subject to lawful appropriation and availability of funds. This Agreement does not create a debt or pledge of the City’s taxing power beyond the current fiscal year. If sufficient funds are not appropriated or become legally unavailable, the City may terminate or reduce the affected Task Authorization. Consultant shall be paid for conforming Work properly performed and approved, noncancelable commitments incurred before the effective date of the City’s notice but is not entitled to anticipatory profit or compensation for unperformed Work. 9. CITY REVIEW; ACCEPTANCE 9.1 City Review. The City may review and comment on the Work and Deliverables for conformity with the applicable Task Authorization and the Contract Documents. Consultant shall submit each Deliverable sufficiently in advance of applicable project, hearing, grant, and regulatory deadlines to permit meaningful City review. The applicable Task Authorization shall establish review periods appropriate to the nature and complexity of the Deliverables. If a review period is not stated, the City shall use reasonable efforts to provide comments within a reasonable period after receiving a complete Deliverable, taking into account its length, complexity, completeness, required interdepartmental or legal review, public-meeting schedules, and other relevant project circumstances. 13 Consultant shall not treat the passage of a review period, the City’s failure to comment, or partial comments as acceptance or approval of a Deliverable. A City delay in providing information or comments may support a reasonable schedule adjustment under Sections 5 and 6 to the extent the delay affects Consultant’s performance, but it does not automatically entitle Consultant to additional compensation. 9.2 Consultant’s Response to Comments. Consultant shall promptly address comments that are consistent with the authorized scope and the standard of care established in Section 6. Consultant shall identify in writing any comment that Consultant reasonably believes: 1. Materially changes the authorized scope or Deliverables; 2. Conflicts with Applicable Law or an applicable professional standard; 3. Requires services outside Consultant’s qualifications; 4. Will materially affect the approved schedule or compensation; or 5. Directs Consultant to proceed contrary to its professional judgment. The Parties shall address a material change in accordance with Section 5 before the affected additional Work is performed. 9.3 Correction of Nonconforming Work. Consultant shall, without additional compensation, promptly correct Work that materially fails to conform to the applicable Task Authorization or results from Consultant’s failure to satisfy the standard of care established in Section 6. Consultant is not responsible for correcting Work to the extent a deficiency was caused solely by inaccurate City-furnished information that Consultant could not reasonably have identified, unauthorized modification or reuse, a change in Applicable Law, or the acts or omissions of persons outside Consultant’s control. Consultant remains responsible to the extent its acts or omissions contributed to the deficiency. 9.4 Acceptance. A Deliverable is accepted when the City Project Manager provides written acceptance or when the City makes final payment specifically attributable to that Deliverable, except for latent defects, fraud, professional negligence, or deficiencies that could not reasonably have been identified during review. The City shall not unreasonably withhold acceptance of a Deliverable that materially conforms to the applicable Task Authorization. Minor deficiencies that do not materially impair the intended use of the Deliverable may be documented for prompt correction and need not delay acceptance or payment of undisputed amounts. 9.5 Effect of Review or Acceptance. City review, comment, approval, acceptance, payment, or use of the Work does not: 1. Relieve Consultant of responsibility for satisfying the Contract Documents and the applicable professional standard of care; 2. Transfer responsibility for Consultant’s errors or omissions to the City; 3. Waive latent defects, fraud, professional negligence, or warranty obligations; 14 4. Constitute acceptance of unauthorized additional services or charges; or 5. Expand Consultant’s responsibility to include errors caused solely by the City or others. 9.6 Governmental and Regulatory Decisions. City review or acceptance of a Deliverable does not constitute legislative, quasi-judicial, regulatory, permitting, funding, or other governmental approval unless the authorized City body or official separately takes the action required by Applicable Law. Consultant is not responsible for a governmental body’s exercise of discretion or for obtaining a particular approval, funding award, or policy outcome. 10. SUBCONSULTANTS AND ASSIGNMENT 10.1 Approved Subconsultants. Consultant may use only the Subconsultants identified in its Proposal or approved in writing by the City for the applicable Task Authorization. Before approval, Consultant shall provide information reasonably requested by the City concerning the proposed Subconsultant’s qualifications, experience, licenses, personnel, conflicts of interest, insurance, scope, and compensation. City approval shall not be unreasonably withheld when the proposed Subconsultant is qualified and does not present a material performance, procurement, conflict, legal, security, or financial risk. City approval does not create contractual privity with the Subconsultant or relieve Consultant of responsibility for the Subconsultant’s Work. 10.2 Responsibility for Subconsultants. Consultant is fully responsible for the acts, omissions, performance, supervision, and coordination of each Subconsultant and other person used by Consultant to perform the Work, to the same extent Consultant would be responsible if the Work were performed by Consultant’s own employees. The City’s review or approval of a Subconsultant, subcontract, invoice, or Deliverable does not relieve Consultant of that responsibility. 10.3 Required Subcontract Terms. Consultant shall enter into a written agreement with each Subconsultant that: 1. Describes the assigned scope and compensation; 2. Requires performance consistent with the applicable Task Authorization and professional standard of care; 3. Requires all licenses, registrations, certifications, and insurance applicable to the assigned services; 4. Requires compliance with public-records, record-retention, audit, E-Verify, ethics, confidentiality, data-security, accessibility, statutory-certification, and grant requirements applicable to the Subconsultant’s Work; 5. Secures for the City the ownership or license rights required under Section 12; 6. Requires appropriate indemnification consistent with Section 15 and Applicable Law; 15 7. Requires timely delivery of Deliverables and project records upon completion or termination; and 8. Permits termination or reassignment of the subcontract when reasonably necessary to comply with the City’s termination, suspension, or personnel-removal rights. Consultant shall provide a copy of a subcontract or relevant portions thereof upon the City’s reasonable request, subject to lawful protection of confidential information. 10.4 Replacement or Addition of Subconsultants. Consultant shall not add, remove, or materially change the responsibilities of an approved Subconsultant without the City’s prior written approval. If an approved Subconsultant becomes unavailable, unqualified, ineligible, or unable to perform, Consultant shall promptly propose a qualified replacement. Consultant is not entitled to additional compensation or time when replacement is required because of Consultant’s or the Subconsultant’s acts, omissions, staffing decisions, default, loss of qualification, or failure to perform. If the City requests replacement for reasons not caused by Consultant or the Subconsultant, any material cost or schedule impact shall be addressed under Section 5. 10.5 Payment of Subconsultants. Consultant is solely responsible for paying its Subconsultants and resolving claims arising under its subcontracts. Consultant shall pay undisputed amounts due to Subconsultants within the time required by Applicable Law and the applicable subcontract. Upon reasonable request, Consultant shall provide evidence that Subconsultants have been paid for amounts included in prior City payments. The City may withhold amounts reasonably related to a documented nonpayment claim, but the City has no obligation to pay a Subconsultant directly. 10.6 No Third-Party Rights. No subcontract, City approval, direct communication, review, payment, or other action creates a contractual relationship between the City and a Subconsultant. No Subconsultant is a third-party beneficiary of this Agreement or a Task Authorization. The City may communicate directly with a Subconsultant for coordination, verification, audit, public-records compliance, or protection of the Work, but Consultant remains responsible for directing and supervising the Subconsultant. 10.7 Assignment by Consultant. Consultant shall not assign, transfer, delegate, or otherwise dispose of this Agreement, a Task Authorization, responsibility for performance, or a material portion of the Work without the City’s prior written consent. A merger, consolidation, sale of substantially all assets, transfer of a controlling ownership interest, or other change of control affecting Consultant constitutes an assignment for purposes of this Section. Consultant shall provide advance written notice of a proposed transaction when legally permitted. 16 The City may withhold consent based on reasonable concerns regarding qualifications, responsibility, conflicts, procurement compliance, financial capacity, continuity, or performance. An unauthorized assignment is voidable by the City and constitutes a material default. 10.8 Assignment of Payment Rights. Consultant shall not assign or factor amounts payable by the City without prior written notice and the City’s written acknowledgment. An assignment of payment rights does not: 1. Transfer responsibility for performance; 2. Increase or accelerate the City’s payment obligations; 3. Prevent the City from asserting defenses, withholding disputed amounts, or exercising setoff rights existing before acknowledgment of the assignment; or 4. Require the City to make payment contrary to Applicable Law or its established payment procedures. 10.9 Assignment by the City. The City may assign this Agreement or a Task Authorization to a governmental entity or City-created entity that assumes the City’s applicable obligations, upon written notice to Consultant. Any other assignment by the City requires Consultant’s consent, which shall not be unreasonably withheld. 11. RECORDS; AUDIT; PUBLIC RECORDS 11.1 Project and Financial Records. Consultant shall create and maintain complete, accurate, and organized records sufficient to document: 1. Performance of the Work; 2. Personnel, classifications, dates, hours, and rates charged; 3. Subconsultant services and payments; 4. Reimbursable expenses; 5. Deliverables, reviews, revisions, and approvals; 6. Compliance with the applicable Task Authorization; 7. Compliance with grant or funding requirements; and 8. Amounts invoiced and paid. Records shall be maintained in accordance with generally accepted business practices and in a manner that permits verification of Consultant’s performance and charges. 11.2 Retention Period. Consultant shall retain records relating to each Task Authorization for the longer of: 1. Five years after final payment under the applicable Task Authorization; 2. The period required by the records-retention schedules applicable to the City; 3. The period required by an applicable grant, funding agreement, or Applicable Law; or 4. The conclusion of any pending audit, claim, investigation, litigation, public-records request, or litigation hold of which Consultant has received notice. 17 Consultant shall not destroy records subject to a pending request, audit, investigation, or hold until the City provides written authorization or the applicable legal obligation expires. 11.3 Audit and Inspection. During the retention period, the City and its authorized auditors, inspectors, grantors, and governmental oversight agencies may inspect, audit, and copy records reasonably related to this Agreement or a Task Authorization. Except in the case of an investigation, suspected fraud, statutory demand, emergency, or grant requirement, the City shall provide reasonable advance notice and conduct the review during normal business hours in a manner that does not unreasonably disrupt Consultant’s operations. Consultant shall provide reasonable workspace, access, explanations, and assistance. Consultant is not required to disclose unrelated records, legally privileged communications, or information prohibited from disclosure by Applicable Law, but shall identify the basis for withholding requested material and provide reasonably segregable nonprotected information. 11.4 Audit Findings and Overpayments. If an audit identifies an unsupported, unauthorized, duplicative, or improperly calculated charge, Consultant shall provide supporting documentation or reimburse the City in accordance with Section 8. Consultant shall bear the reasonable cost of an audit to the extent the audit establishes overcharges exceeding five percent of the amount reviewed or establishes fraud, intentional misconduct, or a material failure to maintain required records. Otherwise, each Party shall bear its own audit costs. 11.5 Public Records Obligations. To the extent Consultant is acting on behalf of the City within the meaning of section 119.0701, Florida Statutes, Consultant shall: 1. Keep and maintain public records required by the City to perform the Services; 2. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law; 3. Ensure that public records that are exempt or confidential and exempt from public-records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement and following completion of this Agreement if Consultant does not transfer the records to the City; and 4. Upon completion of this Agreement, transfer to the City, at no cost, all public records in Consultant’s possession or keep and maintain the public records required by the City to perform the Services. If Consultant transfers all public records to the City upon completion, Consultant shall destroy duplicate public records that are exempt or confidential and exempt from disclosure. If Consultant keeps and maintains public records following completion, Consultant shall satisfy all applicable requirements for retaining public records. 18 All records stored electronically must be provided to the City, upon request, in a format compatible with the City’s information technology systems. 11.6 Public-Records Requests. The City will ordinarily receive and respond to public-records requests relating to this Agreement. Consultant shall immediately forward to the City’s custodian any request received by Consultant and shall coordinate its response with the City. Consultant shall not: 1. Respond on the City’s behalf unless directed in writing; 2. Delay or impede the City’s response; 3. Destroy or alter potentially responsive records; 4. Assert that a record is exempt without identifying the legal basis for the exemption; or 5. Withhold from the City a record relating to this Agreement, except to the extent disclosure to the City is prohibited by Applicable Law. The City shall determine whether a City record will be produced or withheld. Consultant remains responsible for protecting records made confidential by law. 11.7 Statutory Notice. IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY’S CUSTODIAN OF PUBLIC RECORDS AT: ELORA RIERA, MMC CITY CLERK CITY OF DANIA BEACH 100 W. DANIA BEACH BOULEVARD DANIA BEACH, FLORIDA 33004 TELEPHONE: (954) 924-9800, EXTENSION 3623 EMAIL: ERIERA@DANIABEACHFL.GOV 11.8 Failure to Comply. A material failure to comply with this Section constitutes a default. Before terminating for an ordinary curable violation, the City shall provide the notice and cure opportunity stated in Section 19. The City may require immediate compliance, seek enforcement under section 119.0701, Florida Statutes, or exercise other available remedies when delay would impair a public-records response or violate Applicable Law. Consultant is responsible for the costs and attorneys’ fees imposed against it or incurred by the City to the extent resulting from Consultant’s unlawful refusal or failure to provide public records. 19 11.9 Proprietary and Confidential Materials. Consultant shall clearly identify information it believes is exempt or confidential and exempt from disclosure and shall cite the specific legal authority supporting that position. A designation by Consultant does not bind the City or create an exemption from chapter 119. If the City receives a request for such information, the City may provide Consultant reasonable notice when practicable. Consultant shall be responsible for seeking, at its own expense, any judicial protection it considers necessary. The City shall not be required to contest disclosure unless legally obligated to do so. 12. OWNERSHIP AND USE OF WORK PRODUCT 12.1 Deliverables Created for the City. Subject to payment of the compensation properly due for the applicable Work, the City shall own all Deliverables specifically created for the City under a Task Authorization, including reports, studies, analyses, memoranda, proposed code language, maps, plans, graphics, presentations, databases, data compilations, public-engagement materials, and other project-specific work product. To the extent legally permissible, such Deliverables shall be considered works made for hire for the City. To the extent a Deliverable does not qualify as a work made for hire, Consultant hereby assigns to the City all transferable right, title, and interest in the Deliverable, including applicable copyrights. 12.2 Delivery Formats. Consultant shall provide Deliverables in the final, editable, native, and other formats required by the applicable Task Authorization. Unless otherwise stated in the Task Authorization, delivery shall include reasonably necessary supporting data, maps, geographic- information-system files, spreadsheets, formulas, presentation files, linked files, and other materials necessary for the City to access, update, reproduce, and use the Deliverables. Consultant shall not encrypt, password-protect, technologically restrict, or otherwise limit the City’s use of a Deliverable unless required for security and approved by the City in writing. Consultant shall provide all necessary passwords and access credentials upon delivery. 12.3 Timing of Ownership. Ownership of a completed Deliverable transfers to the City upon payment of the compensation properly due for that Deliverable. If the Agreement or a Task Authorization is terminated before completion, the City shall own completed and in-process Deliverables for which the City has paid or pays Consultant the amount properly due under the termination provisions. Consultant shall not withhold public records, City-furnished materials, or Deliverables for which the City has paid based on a dispute concerning other amounts. 12.4 Preexisting Materials. Consultant retains ownership of methodologies, templates, software, algorithms, standard details, know-how, and other materials developed independently of this Agreement and existing before their use in a Deliverable. 20 Consultant shall identify material preexisting materials in writing before incorporating them into a Deliverable. To the extent such material is incorporated, Consultant grants the City a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable, and nonexclusive license to use, reproduce, display, distribute, modify, and create derivative works from the material for the City’s governmental purposes. Consultant retains ownership of its general professional knowledge, experience, skills, and methods that do not contain City confidential information or project-specific materials owned by the City. 12.5 Third-Party Materials. Consultant shall not incorporate third-party materials subject to license restrictions, recurring fees, attribution requirements, use limitations, or other obligations inconsistent with the City’s intended use unless Consultant: 1. Discloses the proposed material and applicable restrictions in writing; 2. Obtains the City’s prior written approval; and 3. Secures, at no additional cost unless otherwise authorized, all rights reasonably necessary for the City’s intended use. Consultant shall provide copies of applicable licenses and required attribution information. Open- source or publicly available material is considered third-party material when its license imposes obligations or restrictions on the City. 12.6 Consultant’s Retained Copies. Consultant may retain archival copies of Deliverables and project records for legal, insurance, professional, and record-retention purposes. Consultant’s retention and use remain subject to the confidentiality, public-records, data-security, and publicity restrictions of this Agreement. Consultant may not sell, license, publish, or reuse a City-owned Deliverable in a manner that discloses confidential information, identifies a nonpublic City matter, interferes with the City’s use, or implies City endorsement without the City’s prior written consent. 12.7 City Use and Disclosure. The City may use, reproduce, modify, publish, distribute, display, combine, and create derivative works from City-owned Deliverables for any lawful governmental purpose. The City may provide Deliverables to other governmental entities, applicants, consultants, contractors, grantors, members of the public, or other persons as the City considers appropriate or as required by law. Nothing in this Section requires disclosure of a record exempt or confidential and exempt under Applicable Law. 12.8 Reuse or Modification Without Consultant. If the City materially modifies a Deliverable or reuses it for a materially different project or purpose without Consultant’s professional involvement, the City does so at its own risk to the extent the claim or loss results from that modification or reuse. 21 Consultant remains responsible for errors, omissions, or deficiencies existing in the Deliverable when originally provided. The City’s ordinary use, implementation, updating, reproduction, public disclosure, or reliance consistent with the Deliverable’s intended purpose does not constitute unauthorized reuse. 12.9 Professional Seals and Attribution. The City shall not represent that Consultant prepared or approved a material modification that Consultant did not prepare or approve. When required by Applicable Law, a modified professional document must be reviewed, signed, or sealed by the appropriately licensed professional responsible for the modification. Consultant may remove its name or professional seal from a materially modified Deliverable when permitted by law, but may not prevent the City from using the underlying City-owned material. 12.10 Subconsultant and Personnel Rights. Consultant shall obtain from its Consultant Personnel and Subconsultants all assignments, licenses, releases, and permissions necessary to provide the City the rights established in this Section. Consultant shall ensure that no Consultant Personnel or Subconsultant asserts ownership or other rights inconsistent with the City’s rights. 12.11 Grant-Funded Work. When a Task Authorization is funded in whole or in part by a grant, the Deliverables shall also be subject to any ownership, access, license, acknowledgment, or federal-interest requirements imposed by the grant. Consultant shall execute documents reasonably necessary to confirm those rights. 13. CONFIDENTIALITY; DATA SECURITY; ACCESSIBILITY 13.1 Confidential Information “Confidential Information” means information received, accessed, created, or maintained by Consultant in connection with the Work that: 1. Is confidential or exempt and confidential from public disclosure under Applicable Law; 2. Consists of passwords, authentication credentials, access codes, private encryption keys, or nonpublic information concerning the security of City systems or facilities that is protected from disclosure by Applicable Law; or 3. Is received from a third party subject to a lawful confidentiality obligation, but only to the extent that the obligation is enforceable against the City and consistent with Chapter 119, Florida Statutes. Confidential Information does not include information that: 1. Is a public record available for inspection or copying under Chapter 119, Florida Statutes; 2. Was lawfully known to Consultant without a confidentiality obligation before receipt from the City; 3. Becomes publicly available through no breach of this Agreement; 4. Is lawfully received from another source without a confidentiality obligation; or 5. Is independently developed without use of Confidential Information. 22 Neither the City nor Consultant may make a public record confidential by labeling it confidential or by entering into this Agreement. Whether a record is subject to disclosure shall be determined under Applicable Law. 13.2 Handling of Confidential Information Consultant shall use Confidential Information only as reasonably necessary to perform the authorized Work and shall disclose it only to Consultant Personnel who require access and are subject to comparable confidentiality obligations. Consultant shall protect Confidential Information in accordance with Applicable Law and the reasonable security requirements stated in this Agreement or the applicable Task Authorization. Nothing in this Section authorizes Consultant to withhold a record from the City or to independently deny a public-records request. 13.3 Legally Required Disclosure If Consultant receives a subpoena, court order, public-records request, or other legal demand seeking Confidential Information or records relating to the Work, Consultant shall promptly notify and transmit the demand to the City unless notice is prohibited by Applicable Law. Consultant shall coordinate with the City and reasonably cooperate in determining whether an exemption, protective order, objection, or other lawful response applies. Consultant shall not independently withhold a public record, assert an exemption on the City’s behalf, or disclose Confidential Information except as authorized by the City or required by Applicable Law. If disclosure is legally required, Consultant shall disclose only the portion required and shall use reasonable efforts to preserve any applicable legal protection. This Section does not delay or restrict the City’s obligations under Chapter 119, Florida Statutes. 13.4 Information-Security Safeguards Consultant shall maintain reasonable administrative, technical, and physical safeguards appropriate to the nature of the City information, systems, and technology accessed or used in performing the Work. These safeguards govern Consultant’s handling and security practices and do not make a public record confidential or exempt from disclosure. As applicable to the assigned Work, safeguards shall include: 1. Limiting access to persons with a legitimate need to perform the Work; 2. Using unique user credentials and multifactor authentication when reasonably available and appropriate; 3. Encrypting Confidential Information in transit and at rest; 4. Maintaining current security updates and reasonable protection against malicious software; 5. Using secure backup, recovery, transmission, storage, and disposal procedures; 6. Maintaining appropriate access and activity logs; 23 7. Training personnel regarding applicable security and confidentiality requirements; and 8. Exercising reasonable oversight of Subconsultants and technology providers with access to City information or systems. A Task Authorization may establish additional safeguards based on the sensitivity of the information, the systems involved, and the risk presented by the assignment. 13.5 Security Incidents Consultant shall notify the City promptly, and no later than twenty-four hours after discovery, of an actual or reasonably suspected: 1. Unauthorized access, acquisition, use, or disclosure of Confidential Information; 2. Loss, alteration, destruction, or unauthorized encryption of City information; 3. Material compromise or unavailability of a City system caused by or associated with Consultant’s performance; or 4. Security event that Consultant reasonably believes may require notice, investigation, remediation, or reporting under Applicable Law. The initial notice may be preliminary and shall include the information reasonably available at the time. Consultant shall thereafter: 1. Take immediate reasonable steps to contain and mitigate the incident; 2. Preserve relevant evidence and records; 3. Investigate the nature, scope, cause, and effects of the incident; 4. Provide material updates and a written report when reasonably requested; 5. Cooperate with the City and applicable law-enforcement, regulatory, insurance, and forensic activities; 6. Coordinate with the City before notifying affected persons or making a public statement, unless Consultant is independently required by law to provide immediate notice; and 7. Take reasonable corrective measures to prevent recurrence. Consultant shall bear reasonable investigation, response, notification, and remediation costs to the extent the incident was caused by Consultant’s breach of this Agreement, violation of Applicable Law, or failure to use the required safeguards. Allocation of costs for an incident not caused by Consultant shall be determined under the applicable Task Authorization and Applicable Law. Nothing in this Section makes information confidential or exempt from Chapter 119, Florida Statutes. 13.6 Artificial Intelligence and Automated Tools Consultant shall not input Confidential Information, authentication credentials, personal information, nonpublic security information, unpublished City work product, or other City information restricted by the applicable Task Authorization into a publicly accessible or externally hosted generative-artificial-intelligence system without the City’s prior written approval. 24 This restriction is a contractual limitation on Consultant’s use of City information and does not create or imply an exemption from public-records disclosure. When the City approves use of an artificial-intelligence or automated tool, Consultant shall: 1. Disclose the intended tool and proposed use; 2. Use available settings that prohibit unnecessary retention, secondary use, or model training; 3. Preserve the City’s ownership, confidentiality, and public-records rights; 4. Independently review and verify material factual, legal, technical, and analytical outputs; 5. Identify material use of the tool when reasonably requested by the City; 6. Comply with applicable licensing, privacy, intellectual-property, and records-retention requirements; and 7. Remain fully responsible for the accuracy, originality, legality, accessibility, and professional quality of the Work. Use of an artificial-intelligence or automated tool does not reduce Consultant’s standard of care, excuse compliance with the Contract Documents, or transfer responsibility for the Work to the City. 13.7 Access to City Systems Consultant shall access City networks, systems, platforms, accounts, and databases only when authorized in writing and only to the extent reasonably necessary to perform the Work. Consultant shall comply with the City’s reasonable written access-control, acceptable-use, credential- management, and security requirements. Consultant shall not: 1. Share credentials or permit access by an unauthorized person; 2. Attempt to circumvent a City security control; 3. Access information or systems outside the authorized scope; 4. Install software or connect equipment without required approval; or 5. Retain system access after it is no longer required. The City may suspend or revoke access when reasonably necessary to protect City information or systems. If a suspension not caused by Consultant materially affects the performance schedule, any appropriate schedule adjustment shall be addressed under Section 5. 13.8 Return, Transfer, and Disposition of Information Upon the City’s request or completion or termination of the applicable Work, Consultant shall return, transfer, or securely dispose of City information as directed by the City, subject to Chapter 119, Florida Statutes, the records-retention requirements of Section 11, and other Applicable Law. 25 Consultant shall not destroy: 1. A public record that must be retained or transferred to the City; 2. A record subject to an existing public-records request; 3. A record subject to an audit, investigation, litigation hold, or pending claim; or 4. A record otherwise required to be maintained by Applicable Law, a grant requirement, or a professional obligation. Consultant may retain archival copies required by law, professional standards, insurance obligations, or litigation holds. Retained Confidential Information remains subject to this Section and shall be securely disposed of when the applicable retention obligation expires. Consultant shall confirm disposition in writing when reasonably requested. 13.9 Public-Facing Deliverables Consultant shall prepare public-facing electronic Deliverables in compliance with applicable disability-access and accessibility requirements and any reasonable accessibility standards identified in the applicable Task Authorization. Consultant shall use accessibility practices appropriate to the format and intended use of each Deliverable, including logical document structure and reading order, descriptive headings and labels, alternative text, adequate color contrast, accessible tables and forms, and captions or transcripts when applicable. If a required accessibility feature is not technically feasible for a particular map, graphic, data visualization, or other specialized format, Consultant shall promptly notify the City and cooperate in providing an accessible alternative or equivalent means of communicating the material information. 13.10 Accessibility Corrections Consultant shall promptly correct, without additional compensation, an accessibility defect caused by Consultant’s failure to comply with Section 13.9 or the applicable Task Authorization. Consultant is not responsible for an accessibility defect caused solely by: 1. A material modification made by the City or another person after delivery; 2. A City-required format, platform, template, or technology that does not support the required accessibility feature, provided Consultant gave timely written notice of the limitation; 3. Third-party content or technology not selected, controlled, or modified by Consultant; 4. The City’s failure to provide information reasonably necessary to create an accessible Deliverable; or 5. A change in Applicable Law or accessibility standards occurring after the City accepted the Deliverable. 26 Consultant remains responsible to the extent its Work contributed to the defect. Work required solely because of a later change in law, a new City requirement, or a City-requested modification shall be treated as a change under Section 5. 13.11 Survival Consultant’s obligations concerning Confidential Information, security incidents, restricted use of City information, access credentials, and the return, transfer, retention, and disposition of City information survive the completion, expiration, or termination of this Agreement and each Task Authorization for as long as the applicable information remains confidential or otherwise protected under Applicable Law or is required to be retained under Section 11. Contractual security and handling requirements applicable to information that is not confidential survive only for as long as Consultant retains or controls that information. Nothing in this Section makes a public record confidential or exempt from disclosure under Chapter 119, Florida Statutes. 14. INSURANCE Consultant shall, at its own expense, obtain and maintain all insurance required by Section 5 of the RFQ, including the applicable coverage, limits, endorsements, certificates, insurer qualifications, notice requirements, Subconsultant coverage, and post-completion coverage stated therein. The RFQ’s insurance requirements are incorporated into this Agreement by reference. If different insurer-rating requirements appear in the RFQ, the rating requirement in Section 5.2 of the RFQ controls. The City shall be named as an additional insured under Consultant’s commercial general liability and automobile liability policies, but only to the extent applicable to those coverages. Insurance notices required by the RFQ shall be delivered to the City Clerk and City Risk Manager. Consultant and its Subconsultants shall not begin or continue Work unless the required insurance remains in effect. The City’s receipt or approval of insurance documentation does not waive any requirement, limit Consultant’s obligations or liability, or waive the City’s sovereign immunity or protections under section 768.28, Florida Statutes. 15. INDEMNIFICATION 15.1 Consultant Indemnification. To the fullest extent permitted by Applicable Law, Consultant shall indemnify and hold harmless the City and its officers and employees from liabilities, damages, losses, judgments, and reasonable costs, including attorneys’ fees, to the extent caused by the negligence, recklessness, intentional misconduct, or violation of Applicable Law by Consultant or Consultant Personnel in performing the Work. 27 15.2 Intellectual-Property Claims. Consultant shall defend, indemnify, and hold harmless the City from a third-party claim alleging that an original Deliverable provided by Consultant infringes a United States patent, copyright, trademark, or trade secret. This obligation does not apply to the extent the claim results from City-provided material, a City-directed design furnished over Consultant’s written objection, or an unauthorized material modification or use of the Deliverable. 15.3 Statutory Construction. If Consultant is a “design professional” and this Agreement is a “professional services contract” within section 725.08, Florida Statutes, this Section shall be interpreted and enforced only to the extent permitted by that statute. Consultant is not required to indemnify or defend the City for the City’s own negligence, recklessness, intentional misconduct, or other wrongful conduct. 15.4 City Protections. Nothing in this Agreement waives the City’s sovereign immunity or any defense or limitation of liability under section 768.28, Florida Statutes, or other Applicable Law. This Section survives completion, expiration, or termination. 16. INDEPENDENT CONTRACTOR; NO THIRD-PARTY BENEFICIARIES Consultant is an independent contractor and, subject to the Contract Documents, controls the manner and means of performing the Work and remains responsible for its professional judgment. The City may administer the Agreement, establish project requirements, review Deliverables, and monitor performance without creating an employment, agency, partnership, or joint-venture relationship. Consultant and Consultant Personnel are not City employees and are not entitled to City wages, benefits, workers’ compensation, unemployment benefits, or other employee rights. Consultant is solely responsible for the supervision and compensation of Consultant Personnel and for all applicable taxes, insurance, and employment obligations. Consultant has no authority to bind the City or incur an obligation on the City’s behalf unless expressly authorized in writing by a City official with legal authority to do so. This Agreement benefits only the Parties and creates no right or cause of action in any third party. 17. ETHICS; CONFLICTS; CONTINGENT FEES 17.1 Ethics and Conflicts. Consultant shall comply with all applicable ethics, gift, lobbying, and conflict-of-interest laws, including applicable provisions of Chapter 112, Florida Statutes. Consultant shall promptly disclose any actual or reasonably apparent conflict affecting the Work. Consultant shall not accept or continue an assignment adverse to the City concerning the same matter, represent conflicting interests in connection with the Work, or use nonpublic City information for another client. The City may require reasonable measures to address a disclosed conflict or may decline, suspend, or terminate the affected assignment if the conflict cannot be adequately resolved. 28 17.2 Contingent Fees. To the extent section 287.055(6), Florida Statutes, applies, Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement and has not paid or agreed to pay any person or entity, other than such employee, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach of this warranty, the City may terminate this Agreement without liability and, at its discretion, deduct from the compensation or otherwise recover the full amount of the improper fee, commission, percentage, gift, or consideration. 17.3 Improper Influence. Consultant shall not offer, give, solicit, or accept anything of value for the purpose of improperly influencing a City decision relating to this Agreement or a Task Authorization. Consultant shall promptly report to the City Attorney any request for an improper payment, benefit, or consideration associated with the Work. 18. STATUTORY REPRESENTATIONS AND COMPLIANCE 18.1 Public Entity Crimes and Discrimination. Consultant represents that neither it nor an affiliate is prohibited from bidding on, submitting a proposal for, or entering into or performing a public contract under sections 287.133 or 287.134, Florida Statutes. Consultant shall promptly notify the City of any event affecting this representation. 18.2 E-Verify. Consultant shall register with and use the E-Verify system as required by section 448.095, Florida Statutes, and shall require each Subconsultant to do the same. Consultant shall obtain and retain the affidavit required from each Subconsultant and shall provide evidence of compliance upon request. The City shall terminate this Agreement or require termination of a subcontract when required by section 448.095, Florida Statutes. A termination required by that statute is not a breach of contract. Consultant shall be responsible for any additional costs incurred by the City to the extent provided by Applicable Law. 18.3 Scrutinized Companies. Consultant certifies, represents, and warrants, to the extent applicable under section 287.135, Florida Statutes, that it is eligible to contract with the City and is not on a prohibited scrutinized-company list or engaged in a prohibited boycott or business operation. The City may terminate this Agreement if Consultant submits a false certification, becomes ineligible, is placed on an applicable prohibited list, or engages in conduct for which termination is authorized by section 287.135, Florida Statutes. 18.4 Foreign Countries of Concern. Consultant shall comply with section 287.138, Florida Statutes, when applicable, and shall provide any affidavit, disclosure, or certification required before entering into, renewing, or extending an applicable contract. Consultant shall not use a Sub Subconsultant or other entity that is ineligible under that statute to perform affected Work. 29 18.5 Human Trafficking Affidavit. Upon execution and upon any renewal or extension of this Agreement, Consultant shall provide the affidavit required by section 787.06(14), Florida Statutes, signed under penalty of perjury by an authorized officer or representative, attesting that Consultant does not use coercion for labor or services as defined by that statute. 18.6 Continuing Compliance. Consultant shall maintain compliance with the statutory requirements applicable to this Agreement throughout its term and shall promptly notify the City of any change that materially affects Consultant’s eligibility or ability to perform the Work. If a change in Applicable Law materially affects the scope, cost, or schedule of a Task Authorization, any adjustment must be approved in accordance with Section 5. 19. SUSPENSION AND TERMINATION 19.1 Suspension. The City may suspend all or part of the Work by written notice. Consultant shall promptly stop the affected Work, protect completed and in-process Work, mitigate avoidable costs, and continue any Work not suspended. If a suspension not caused by Consultant’s default materially affects the cost or schedule of performance, any equitable adjustment shall be addressed in accordance with Section 5. 19.2 Termination for Convenience. The City may terminate this Agreement or any Task Authorization, in whole or in part, without cause upon thirty days’ written notice. The City may direct Consultant to stop affected Work before the effective termination date. Consultant shall be paid only for conforming Work properly performed through the effective date of termination and for approved, noncancelable commitments reasonably incurred before notice of termination, less prior payments and lawful offsets. Consultant is not entitled to anticipatory profit, compensation for unperformed Work, consequential damages, or termination charges. 19.3 Termination for Cause. Either Party may terminate this Agreement or an affected Task Authorization for a material breach that remains uncured ten days after written notice. If the breach cannot reasonably be cured within ten days, the breaching Party shall not be in default if it begins corrective action within that period, diligently continues the cure, and completes it within a reasonable time approved in writing by the nonbreaching Party. The City may suspend Work or terminate immediately for fraud, corruption, abandonment, loss of a required license or insurance, an unwaivable conflict of interest, statutory ineligibility, unlawful refusal to provide public records, a knowing violation of E-Verify requirements, conduct presenting an immediate threat to public safety or City systems, or insolvency materially affecting Consultant’s ability to perform. 19.4 Consultant Termination for Nonpayment. Consultant may terminate an affected Task Authorization if the City fails to pay a material undisputed amount within thirty days after receiving written notice that specifically identifies the overdue amount, provided Consultant has submitted a proper invoice and complied with the applicable payment requirements. 30 Consultant may not terminate for an amount reasonably disputed by the City or for nonpayment resulting from Consultant’s failure to provide required supporting documentation. 19.5 Effect of Termination. Upon suspension, expiration, or termination, Consultant shall: 1. Discontinue the affected Work as directed; 2. Protect and preserve completed and in-process Work; 3. Mitigate avoidable costs; 4. Deliver all required Deliverables, City-furnished materials, public records, and project files; 5. Identify outstanding commitments and amounts claimed; 6. Cooperate in the orderly transition of the Work; and 7. Refund any unearned or overpaid amounts. 19.6 Survival. Provisions that by their nature should survive completion, expiration, or termination shall survive, including provisions concerning payment reconciliation, records, audits, public records, ownership, confidentiality, data security, indemnification, dispute resolution, and sovereign immunity. 20. DEFAULT REMEDIES; SETOFF 20.1 Remedies. If Consultant fails to perform in accordance with the Contract Documents, the City may, subject to the notice and cure provisions of Section 19: 1. Require Consultant to correct or complete deficient Work; 2. Withhold payment for disputed, unsupported, incomplete, or nonconforming Work; 3. Suspend the affected Work or issuance of additional Task Authorizations; 4. Supplement Consultant’s performance; 5. Recover overpayments and reasonable damages caused by Consultant’s default; or 6. Terminate this Agreement or the affected Task Authorization. 20.2 Supplemental Performance. If Consultant does not timely cure a default, the City may engage another person to correct or complete the affected Work. Consultant shall be responsible for the reasonable excess costs incurred by the City to the extent caused by Consultant’s default. Except in an emergency or when immediate action is reasonably necessary to protect persons, property, public records, or ongoing Work, the City shall provide Consultant the applicable notice and cure opportunity before supplementing performance. 20.3 Setoff. After providing written notice describing the basis and amount, the City may set off a documented amount owed by Consultant against compensation otherwise due under this Agreement or another City contract. The City shall not withhold an amount exceeding its reasonable estimate of the loss, overpayment, or cost at issue and shall timely pay undisputed amounts in accordance with Applicable Law. 31 20.4 Cumulative Remedies. The remedies provided under this Agreement are cumulative and do not exclude any remedy available under Applicable Law. The City may not obtain a duplicate recovery for the same loss. The exercise or nonexercise of one remedy does not waive another available remedy. 21. DISPUTES; GOVERNING LAW; VENUE 21.1 Informal Resolution. The Parties shall first attempt in good faith to resolve a dispute through the City Project Manager and Consultant’s project manager. If the dispute is not resolved, it shall be referred to the Parties’ authorized representatives before either Party files suit, except when immediate judicial relief is reasonably necessary to preserve a right, prevent irreparable harm, or comply with a limitations period. 21.2 Consultant Claims. Consultant shall provide written notice of a claim for additional compensation or time within twenty-one days after Consultant knew or reasonably should have known of the event giving rise to the claim. The notice shall describe the factual and contractual basis of the claim and the anticipated cost and schedule effects. Failure to provide timely notice waives the claim only to the extent the delay materially prejudices the City’s ability to investigate, mitigate, document, or respond to the claim. Consultant shall provide supporting documentation reasonably requested by the City. 21.3 Continued Performance. Unless the City directs otherwise or Consultant properly terminates an affected Task Authorization under Section 19, Consultant shall continue performing undisputed Work while a dispute is pending. The City shall timely pay undisputed amounts in accordance with Applicable Law. 21.4 Governing Law and Venue. Florida law governs this Agreement without regard to conflict- of-law principles. Exclusive venue for a legal proceeding arising from this Agreement lies in the state courts located in Broward County, Florida, or, if federal jurisdiction is exclusive, in the United States District Court for the Southern District of Florida. 21.5 Jury-Trial Waiver. EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES TRIAL BY JURY IN A LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. 21.6 Attorneys’ Fees. Each Party shall bear its own attorneys’ fees and costs in a dispute arising from this Agreement, except to the extent an award is expressly authorized by Applicable Law or another provision of this Agreement. 21.7 Presuit Requirements and City Protections. Before commencing an action against the City, Consultant shall comply with all applicable notice, presuit, and administrative requirements. Nothing in this Agreement waives the City’s sovereign immunity or expands its liability beyond the limitations established by section 768.28, Florida Statutes, or other Applicable Law. 32 22. FORCE MAJEURE 22.1 Force Majeure Event. Neither Party is liable for delay in performing an obligation, other than payment for Work properly performed, to the extent the delay is caused by an event beyond the affected Party’s reasonable control that could not have been avoided or overcome through reasonable planning, diligence, and mitigation. A qualifying event may include a natural disaster, hurricane, flood, fire, epidemic, war, terrorism, civil disturbance, governmental embargo, or governmental order that directly prevents performance. A qualifying event does not include lack of funds, changes in market prices, ordinary labor or supply shortages, failure to obtain personnel, or a Subconsultant’s default unless the default is itself caused by a qualifying event. 22.2 Notice and Mitigation. The affected Party shall provide prompt written notice describing the event, the obligations affected, the anticipated duration, and the measures being taken to mitigate the delay. The affected Party shall use reasonable efforts to minimize the effects of the event and resume performance as soon as reasonably practicable. Failure to provide timely notice does not waive relief except to the extent the failure materially prejudices the other Party’s ability to mitigate or respond to the event. 22.3 Relief. The affected Party is entitled to a reasonable extension of time for the period performance is actually delayed. Force majeure does not entitle Consultant to additional compensation unless the applicable Task Authorization or a written amendment expressly provides otherwise. 22.4 Extended Delay. The City may terminate the affected Task Authorization if a force majeure event materially defeats the project’s purpose or causes a delay exceeding thirty consecutive days. Consultant may request termination if the event prevents substantially all performance under the affected Task Authorization for more than sixty consecutive days. Upon termination, Consultant shall be paid for conforming Work properly performed through the effective termination date and approved, noncancelable commitments, subject to Sections 8 and 19. 23. NOTICES Formal notices required under this Agreement shall be in writing and delivered by personal delivery, nationally recognized overnight delivery service, certified United States mail with return receipt requested, or email with confirmation of receipt, to the addresses stated below or to another address designated by written notice. Notice is effective upon receipt. A notice sent by email after 5:00 p.m. or on a day the City is not open for business is deemed received on the next business day. Routine project communications, submissions, reviews, and Task Authorization administration may be conducted by email but do not amend this Agreement or authorize additional compensation. 33 Insurance notices shall be delivered to the City officials specified in the RFQ’s insurance requirements and are governed by those requirements. CITY: City Manager City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Email: ______________________________ With a copy to: City Attorney City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Email: ______________________________ CONSULTANT: Email: ______________________________ Attention: ___________________________ 24. MISCELLANEOUS 24.1 Amendments and Authority. No amendment, waiver, or modification of this Agreement is effective unless it is in writing and executed by authorized representatives of both Parties in accordance with Applicable Law and the City’s procurement requirements. No City employee or representative may orally amend this Agreement, authorize additional compensation, or otherwise bind the City beyond the authority delegated in writing. 24.2 Entire Agreement. The Contract Documents constitute the entire agreement between the Parties concerning their subject matter and supersede prior discussions, negotiations, and representations. Consultant acknowledges that the City relied upon the material representations, qualifications, personnel commitments, and certifications contained in the Proposal. 24.3 Severability. If a provision of this Agreement is determined to be invalid or unenforceable, the provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in effect unless the invalid provision materially defeats the Agreement’s essential purpose. 34 24.4 Waiver. A waiver is effective only if made in writing by an authorized representative of the waiving Party. A waiver concerning one event does not waive a subsequent event or another contractual requirement. A Party’s failure or delay in enforcing a right does not waive that right. 24.5 Interpretation. The Parties have had an opportunity to review this Agreement with counsel. Headings are for convenience and do not limit interpretation. “Including” means “including without limitation.” Words in the singular include the plural when the context requires. No presumption shall apply against a Party based upon authorship of this Agreement. 24.6 Counterparts and Electronic Signatures. This Agreement and Task Authorizations may be executed in counterparts, each of which is deemed an original and all of which together constitute one instrument. Legally valid electronic signatures and electronically transmitted copies shall have the same effect as original signatures. 24.7 Cooperation with Audits and Investigations. Consultant shall reasonably cooperate with lawful audits, investigations, subpoenas, grant reviews, and public-integrity inquiries relating to this Agreement while preserving applicable legal privileges and protections for confidential information. 24.8 No Publicity or Endorsement. Consultant may accurately identify the City as a client in a general experience list but shall not use the City’s name, seal, logo, or other marks in advertising, issue a press release concerning the Work, or represent that the City endorses Consultant without the City’s prior written consent. 24.9 No Delegation of Governmental Authority. Nothing in this Agreement delegates the City’s legislative, quasi-judicial, regulatory, police-power, procurement, or discretionary authority. Final governmental decisions remain with the City officials and bodies authorized by Applicable Law. 24.10 Further Assurances. Each Party shall execute documents and take reasonable actions necessary to carry out the lawful intent of this Agreement, provided that no such document or action materially increases a Party’s obligations without a written amendment. SIGNATURES ON THE FOLLOWING PAGES 35 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO LEGAL FORM AND CORRECTNESS EVE A. BOUTSIS, CITY ATTORNEY CANDIDO SOSA-CRUZ, ICMA-CM CITY MANAGER 36 CONSULTANT: WITNESSES: SIGNATURE SIGNATURE PRINT Name PRINT Name SIGNATURE Title PRINT Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on , 2026, by _______________ (name), _______________________ (title), of , who is personally known to me or has produced as identification. NOTARY PUBLIC My Commission Expires: State of Florida Qualifications and Experience Technical Approach Capacity and Resources Past Performance and References Total Qualifications and Experience Technical Approach Capacity and Resources Past Performance and References Total Qualifications and Experience Technical Approach Capacity and Resources Past Performance and References Total Top Vendors Rank Scores Chen Moore and Associates, Inc.1 280 WGI, Inc.2 278 Calvin, Giordano & Associates, Inc 3 273 MHCP COLAB 4 271 KEITH 5 262 The Corradino Group, Inc.6 260 J. Mackey D. Greenstein E. Davila RFQ 25-020 PLANNING CONSULTING SERVICES POOL (Final Rankings) City of Dania Beach Procurement -, - 100 W. Dania Beach Boulevard, Dania Beach, FL 33004 RFQ No. 26-020 PLANNING CONSULTING SERVICES POOL RESPONSE DEADLINE: August 14, 2026 at 10:00 am Report Generated: Friday, September 4, 2026 services on an as-needed basis. Selected firms may be engaged to support a variety of planning activities, including long-range planning, development review, zoning analysis, land-use studies, public engagement, urban design support, and other related tasks that enhance the City’s capacity to manage growth and development. The intent of this RFQ is to identify firms with EXECUTIVE SUMMARY RFQ No. 26-020 PLANNING CONSULTING SERVICES POOL EXECUTIVE SUMMARY Request For Qualification - PLANNING CONSULTING SERVICES POOL Page 2 ”. Proposals will be accepted on the City's e-Procurement Portal at https://procurement.opengov.com/portal/daniabeachfl until Friday, August 14, 2026, at 10:00 am. Proposals 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. EXECUTIVE SUMMARY RFQ No. 26-020 PLANNING CONSULTING SERVICES POOL EXECUTIVE SUMMARY Request For Qualification - PLANNING CONSULTING SERVICES POOL Page 3 info@programmanagers.com EXECUTIVE SUMMARY RFQ No. 26-020 PLANNING CONSULTING SERVICES POOL EXECUTIVE SUMMARY Request For Qualification - PLANNING CONSULTING SERVICES POOL Page 4 procurement@cgasolutions.com jsimpson@croninengineering.com bids@indexc.com marketing@keithteam.com kaileys@mhcpcolab.com ljohnson@corradino.com busdev@wginc.com EXECUTIVE SUMMARY RFQ No. 26-020 PLANNING CONSULTING SERVICES POOL EXECUTIVE SUMMARY Request For Qualification - PLANNING CONSULTING SERVICES POOL Page 5 Aug 4, 2026 4:04 PM Would you mind uploading the draft of the Resiliency Action Plan so that we may understand the City's resiliency needs and plans? Aug 4, 2026 4:04 PM Aug 4, 2026 4:04 PM When will the Phase 2 Evaluation Criteria be uploaded? Aug 4, 2026 4:04 PM Jul 29, 2026 4:29 PM Can the City consider a deadline extension? Jul 29, 2026 4:29 PM Please see addendum 1 EXECUTIVE SUMMARY RFQ No. 26-020 PLANNING CONSULTING SERVICES POOL EXECUTIVE SUMMARY Request For Qualification - PLANNING CONSULTING SERVICES POOL Page 6 Aug 5, 2026 9:34 AM Jul 31, 2026 10:18 AM What are the point values for each evaluation section in Phase I? Jul 31, 2026 10:18 AM Please see addendum 1 Aug 5, 2026 9:34 AM Aug 4, 2026 3:06 PM Will the City provide the scoring methodology and weighting for the evaluation criteria? Additionally, will shortlisted firms be invited to participate in oral presentations or interviews as part of the evaluation process? Aug 4, 2026 3:06 PM Please see addendum 1 Aug 5, 2026 9:34 AM ADDENDA ISSUED: Aug 5, 2026 9:33 AM Addendum 1 - Questions and Answers EXECUTIVE SUMMARY RFQ No. 26-020 PLANNING CONSULTING SERVICES POOL EXECUTIVE SUMMARY Request For Qualification - PLANNING CONSULTING SERVICES POOL Page 7 Attachments: · Addendum 1-Questions and Answers Aug 13, 2026 9:23 AM Addendum 2- Question and Answer Attachments: · Addendum 2 -Question and Answer ADDENDA ACKNOWLEDGEMENTS: Addendum #1 Proposal Confirmed Confirmed At Confirmed By WGI, Inc. X Aug 13, 2026 2:48 PM WGI Business Development Calvin, Giordano & Associates, Inc. X Aug 13, 2026 3:28 PM Jessica Koehler KEITH X Aug 13, 2026 3:36 PM Alex Lazowick The Corradino Group, Inc. X Aug 11, 2026 9:27 AM Larry Johnson Chen Moore and Associates, Inc. X Aug 14, 2026 12:12 AM Jesse Lockwood MHCP COLAB X Aug 12, 2026 4:58 PM Kailey Saver Addendum #2 Proposal Confirmed Confirmed At Confirmed By WGI, Inc. X Aug 13, 2026 2:48 PM WGI Business Development Calvin, Giordano & Associates, Inc. X Aug 13, 2026 3:28 PM Jessica Koehler KEITH X Aug 13, 2026 3:36 PM Alex Lazowick The Corradino Group, Inc. X Aug 13, 2026 10:22 AM Larry Johnson Chen Moore and Associates, Inc. X Aug 14, 2026 12:12 AM Jesse Lockwood EXECUTIVE SUMMARY RFQ No. 26-020 PLANNING CONSULTING SERVICES POOL EXECUTIVE SUMMARY Request For Qualification - PLANNING CONSULTING SERVICES POOL Page 8 NOTICES ISSUED: No Notices issued. (40% of Total) Description: • Demonstrated experience with municipal planning and land-use regulation • Experience working with Florida planning statutes (e.g., Ch. 163 F.S.) • Credentials, licenses, and certifications of key personnel. •Staff experience with development review, zoning, and long-range planning •Experience in resiliency planning, climate adaptation, hazard mitigation, environmental planning, or related disciplines relevant to the City’s resiliency goals EXECUTIVE SUMMARY RFQ No. 26-020 PLANNING CONSULTING SERVICES POOL EXECUTIVE SUMMARY Request For Qualification - PLANNING CONSULTING SERVICES POOL Page 9 (30% of Total) Description: • Demonstrated understanding of the City’s planning processes • Completeness and feasibility of the proposed approach • Ability to meet deadlines and comply with City workflows and permitting systems •A clear description of how the consultant’s planning approach will support the City’s resiliency priorities, including alignment with the City’s draft Resiliency Action Plan, Stormwater Master Plan, Vulnerability Study, and Broward County’s Regional Resilience strategies • Identification of opportunities to reduce risk, improve adaptability, and help Dania Beach proactively plan for environmental and infrastructure challenges (25% of Total) Description: • Availability of personnel to respond to on-demand assignments • Depth and diversity of staff expertise across planning disciplines • Ability to attend meetings, conduct field inspections, and perform timely review •Availability of staff or sub-consultants with expertise in resiliency planning, coastal adaptation, stormwater planning, climate policy, and related specialties (5% of Total) Description: • Quality of previous work for governmental agencies • Responsiveness and reliability • Relevant project examples within the past five years EXECUTIVE SUMMARY RFQ No. 26-020 PLANNING CONSULTING SERVICES POOL EXECUTIVE SUMMARY Request For Qualification - PLANNING CONSULTING SERVICES POOL Page 10 EXECUTIVE SUMMARY RFQ No. 26-020 PLANNING CONSULTING SERVICES POOL EXECUTIVE SUMMARY Request For Qualification - PLANNING CONSULTING SERVICES POOL Page 11 Edda Davila: 38 . Denise Greenstein: 40 Demonstrates ability to work with City/state statutes for land development regulations & policy. Experience with Land Development Code. Resiliency integrated into work product and subconsultant as expert for projects. Demonstrates intergovernmental coordination. Jessica Mackey: 35 . Edda Davila: 28 . Denise Greenstein: 30 Sub-contractor is expert in resiliency planning and vulnerability assessment. CGA Demonstrates ability to meet deadlines. Experience with drafting masterplans. Experience with risk assessments. Ability to meet deadlines and can align with City plans. Jessica Mackey: 25 . Edda Davila: 25 . EXECUTIVE SUMMARY RFQ No. 26-020 PLANNING CONSULTING SERVICES POOL EXECUTIVE SUMMARY Request For Qualification - PLANNING CONSULTING SERVICES POOL Page 12 Denise Greenstein: 25 Demonstrates experience in development review and can have staff on call or onsite. Local offices. Demonstrates an ability to work with staff for DRC, plan review and able to work in City systems. Can perform zoning inspections. Has technical capability for drafting studies, assessments, text amendments, variances, regulations and standards, Comp plan updates Jessica Mackey: 15 . Edda Davila: 4 . Denise Greenstein: 5 Completed DB Arts & Entertainment district street masterplan as well as performed other services and projects in DB. Has current contracts ongoing with other Broward municipalities Jessica Mackey: 3 . Edda Davila: 39 . Denise Greenstein: 40 Based in Broward. Has LEED and other certified staff. Development review staff, 7 planning staff Jessica Mackey: 40 . EXECUTIVE SUMMARY RFQ No. 26-020 PLANNING CONSULTING SERVICES POOL EXECUTIVE SUMMARY Request For Qualification - PLANNING CONSULTING SERVICES POOL Page 13 Edda Davila: 29 . Denise Greenstein: 30 Demonstrates multi discipline technical capability and resiliency built into each project. Experienced with Broward County and Dania Beach development processes. Can provide on demand services. .Experience with long range comp, masterplans. Previous experience with DB in this area. Jessica Mackey: 25 . Edda Davila: 22 . Denise Greenstein: 25 Dania beach experience includes drainage and stormwater improvements, utility and transportation projects, grant-supported initiatives, the recently completed Citywide Stormwater Master Plan, and current Comprehensive Plan services. 3 AICP staff, 4 other planners, engineers and resiliency engineers, Urban Design, LDRs, EAR-based Comprehensive Plan Text Amendments Jessica Mackey: 15 . Edda Davila: 5 . Denise Greenstein: 5 Much experience with multiple municipalities including DB Jessica Mackey: 5 EXECUTIVE SUMMARY RFQ No. 26-020 PLANNING CONSULTING SERVICES POOL EXECUTIVE SUMMARY Request For Qualification - PLANNING CONSULTING SERVICES POOL Page 14 . Edda Davila: 39 . Denise Greenstein: 38 Much experience with south Florida statutes and local area plan review including resilience planning for BC. Has experience with municipal planning, environmental planning, development review and long range planning. Jessica Mackey: 35 . Edda Davila: 25 . Denise Greenstein: 25 Demonstrates understanding City processes and Long term planning and stormwater infrastructure projects. Has had multiple continuing service contracts with local cities for general consulting. Has experience with municipal vulnerability assessments. Jessica Mackey: 25 . Edda Davila: 20 . Denise Greenstein: 24 EXECUTIVE SUMMARY RFQ No. 26-020 PLANNING CONSULTING SERVICES POOL EXECUTIVE SUMMARY Request For Qualification - PLANNING CONSULTING SERVICES POOL Page 15 3 AICP planners, 1 Leed certified, 2 PE engineers, subconsultant is resiliency planning. Partners with subconsultant with planning experience and more staff. On call planning and on site services are available. Planners can be dispatched on demand for surge times. Long and short term planning studies and Comp plans, Streamlines municipal services. Experience with public outreach and meetings. Jessica Mackey: 18 . Edda Davila: 3 . Denise Greenstein: 5 Worked with multiple municipalities. Sub consultant did outreach and planning documents for BC resilience plan. Multiple City experience with development and permit review and inspections. Jessica Mackey: 5 . Edda Davila: 39 . Denise Greenstein: 35 Demonstrated experience with municipal planning. Sub consultants have experience with Resiliency and climate adaption. Demonstrated an ability to process building permits and On CALL planning, DRC and zoning verification assistance. Limited inspections demonstrated. Has experience in hurricane recovery, coastal surges. Jessica Mackey: 40 . EXECUTIVE SUMMARY RFQ No. 26-020 PLANNING CONSULTING SERVICES POOL EXECUTIVE SUMMARY Request For Qualification - PLANNING CONSULTING SERVICES POOL Page 16 Edda Davila: 25 . Denise Greenstein: 28 Demonstrated an understanding of City processes, reviews, long range planning, text amendments CU and variances. Sub consultants do all resiliency-based services. demonstrated limited experience working in City systems. Jessica Mackey: 30 . Edda Davila: 25 . Denise Greenstein: 20 Limited resources for plan reviews and inspections. On call planning support for development reviews. Not clear on in person services. Sub consultants provide resiliency services and coastal adaption. Jessica Mackey: 15 . Edda Davila: 5 . Denise Greenstein: 5 Nationwide experience with services and long range planning. Limited local experience. Jessica Mackey: 4 . EXECUTIVE SUMMARY RFQ No. 26-020 PLANNING CONSULTING SERVICES POOL EXECUTIVE SUMMARY Request For Qualification - PLANNING CONSULTING SERVICES POOL Page 17 Edda Davila: 38 . Denise Greenstein: 35 Demonstrated experience in planning and zoning & engineering. Heavy experience in transportation planning, not so much resiliency or climate. Points off for lack of resiliency and climate demonstration Jessica Mackey: 32 . Edda Davila: 26 . Denise Greenstein: 25 Demonstrated understanding and capability with City processes. Demonstrated proficiency with infrastructure. Demonstrated experience with Florida statues, Broward County, long range planning, day to day operation continuity, Dania Beach PZ experience. Points off for lack of resiliency, stormwater master planning Jessica Mackey: 25 . Edda Davila: 24 . Denise Greenstein: 22 EXECUTIVE SUMMARY RFQ No. 26-020 PLANNING CONSULTING SERVICES POOL EXECUTIVE SUMMARY Request For Qualification - PLANNING CONSULTING SERVICES POOL Page 18 Highly certified staff. Heavy transportation planning staff. Staff has experience with day-to-day planning inquiries and long range planning. Points off for lack of resiliency experience and planning Jessica Mackey: 20 . Edda Davila: 4 . Denise Greenstein: 5 Demonstrated much experience with South Florida municipalities Jessica Mackey: 4 . Edda Davila: 39 . Denise Greenstein: 40 Demonstrated experience with Florida statutes, licenses included, experience with long range and resiliency planning and day to day ongoing continuity of service Jessica Mackey: 35 . Edda Davila: 29 EXECUTIVE SUMMARY RFQ No. 26-020 PLANNING CONSULTING SERVICES POOL EXECUTIVE SUMMARY Request For Qualification - PLANNING CONSULTING SERVICES POOL Page 19 . Denise Greenstein: 30 Demonstrated understanding of City's approach Jessica Mackey: 28 . Edda Davila: 24 . Denise Greenstein: 25 5 AICP planners including LEED 2PE 1 Landscape Jessica Mackey: 15 . Edda Davila: 3 . Denise Greenstein: 5 ongoing contracts with Coconut Creek, Sumter Cty, Volusia Cty, Cutler bay. Other cities/agencies comp plan and feasibility study Jessica Mackey: 5 . CITY OF DANIA BEACH, FLORIDA PLANNING CONSULTING SERVIES POOL CITY REQUEST FOR QUALIFICATINS(“RFQ.”) NO. 26-020 ADDENDUM 1 Prepared by: City of Dania Beach, Florida 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 AUGUST 5, 2026 CITY OF DANIA BEACH, FLORIDA REQUEST FOR QUALIFICATIONS “CITY HALL CAMPUS IMPROVEMENTS” ITB 26-020 ADDENDUM 1 QUESTIONS AND ANSWERS 1.Can the City consider a deadline extension? The City will not be considering an extension at this time. 2.What are the point values for each evaluation section in Phase I? Please see section 7 Evaluation Criteria and Procedures. 3.Will the City provide the scoring methodology and weighting for the evaluation criteria? Additionally, will shortlisted firms be invited to participate in oral presentations or interviews as part of the evaluation process? Please see section 7 Evaluation Criteria and Procedures. This section lists all evaluation scoring methodology and weighting. The scoring of the Proposals by the Bid Review Committee will be based on a point total and not a percentage factor. The Bid Review Committee will evaluate and rank the Proposals received on the basis of the criteria and available points indicated CITY OF DANIA BEACH, FLORIDA PLANNING CONSULTING SERVIES POOL CITY REQUEST FOR QUALIFICATINS(“RFQ.”) NO. 26-020 ADDENDUM 2 Prepared by: City of Dania Beach, Florida 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 AUGUST 13, 2026 CITY OF DANIA BEACH, FLORIDA REQUEST FOR QUALIFICATIONS “CITY HALL CAMPUS IMPROVEMENTS” ITB 26-020 ADDENDUM 2 QUESTIONS AND ANSWERS 1.Would you mind uploading the draft of the Resiliency Action Plan so that we may understand the City's resiliency needs and plans? We currently do not have a Resiliency Action Plan. 2.When will the Phase 2 Evaluation Criteria be uploaded? There is no Phase 2 Evaluation. Please see section 7 Evaluation Criteria and Procedure. 3.Should consultants only submit for the services they can provide in-house, or team with subconsultants to cover every service? Prime Consultants should only submit for services that they can provide. 4.After the pool of consultants is selected/contracted, how will you be awarding work orders? Projects will be assigned as they become available. Assignments will be made randomly among the selected consultants to ensure that all consultants have an equal opportunity to participate. 5.Regarding Section 7 (Evaluation Criteria and Procedures) on pages 18 and 19, the text states that the Bid Review Committee will score and rank proposals based on the "available points indicated below"; however, the Phase 1 evaluation matrix lists 'N/A' under both the Scoring Method and Weight (Points) columns for all four criteria. Could the City please clarify the specific point values or scoring methodology that will be used to evaluate Phase 1 submissions? When viewing this information online in OpenGov, Section 7 – Evaluation Criteria and Procedures displays all scoring categories, including the applicable scoring method and the total points possible for each category. Please note that, due to a technical issue, this information may not be displayed in its entirety when the section is downloaded or printed. City of Dania Beach Commission Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Eve Boutsis, City Attorney VIA: Commissioner Archibald J. Ryan IV SUBJECT: Affirm Name of Bob Houston Park Request: To adopt the resolution reaffirming the name of “Bob Houston Park”. Background: Robert E. (“Bob”) Houston was Mayor of Dania Beach for the following terms: 1951-1957, 1960-1961, and 1968-1970, and served as commissioner, and city manager. According to the “SunTattler”, Mr. Houston was the City Manager of the City of Dania Beach and upon his vacation from the office, the City Commission unanimously voted to rename “30 Acres Park” to “Bob Houston Park” as he was fundamental to obtaining the park land in 1952 for $750/acre. According to a “Broward Local” newspaper article from May 14, 1993, the Nyberg Swanson House was moved to the Bob Houston Park. Mr. Houston was also instrumental in the construction of the City’s Pier. For some time, the city was unaware of the name for the park area, but it appears that there had previously been a sign that deteriorated and was never replaced. As this request is not a renaming, the City’s naming policy, including but not limited to its advertising requirements, were not utilized. The City Commission would like to reaffirm the park name and reinstall a sign recognizing the City Commission’s decision to name the park “Bob Houston Park”. Budgetary Impact No monetary impact. Recommendation Approve the resolution. RESOLUTION NO. 2026-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY COMMISSIONER ARCHIBALD J. RYAN, IV, TO REAFFIRM THE PARK NAME “BOB HOUSTON PARK” FOR THE AREA HOLDING THE HISTORIC NYBERG SWANSON HOUSE AND THE WOMEN’S CLUB BUILDINGS, LOCATED AT 102 WEST DANIA BEACH BOULEVARD, DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. the City received a request to re-affirm the park name “Bob Houston Park” from Commissioner A. J. Ryan, IV; and Robert E. (“Bob”) Houston was Mayor of Dania Beach for the following terms: 1951-1957, 1960-1961, and 1968-1970, and also served as commissioner, and City Manager; and according to the “SunTattler”, Mr. Houston was the City Manager of the City of Dania Beach and upon his vacation from the office, the City Commission unanimously voted to rename “30 Acre Park” to “Bob Houston Park” and was fundamental to obtaining the park land in 1952 for $750/acre; and according to a “Broward Local” newspaper article from May 14, 1993, the Nyberg Swanson House was moved to the Bob Houston Park; and Mr. Houston was also instrumental in the construction of the City’s Pier; and for some time the City was unaware of the name for the park area, but it appears that there had previously been a sign that deteriorated and was never replaced; and as this request is not a renaming, the City’s naming policy, including but not limited to its advertising requirements were not utilized; and the City Commission would like to reaffirm the park name and reinstall a sign recognizing the City Commission’s decision to name the park “Bob Houston Park”. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. 2 RESOLUTION #2026-____ Section 2. That the “Bob Houston Park” remain named the “Bob Houston Park” and a new park sign be installed on the property. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on , 2025. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY Recipient: Request Sponsor: Brief description of Recipient's mission/commitment to the City of Dania Beach: Description of how the funds will be used/deliverables: REVIEW FOR VERIFICATION OF FUNDS. PAYMENT WILL BE RELEASED AFTER COMMISSION APPROVAL. Legal Finance City Manager PLEASE ATTACH ALL DOCUMENTATION NECESSARY TO SUPPORT THE REQUEST Submitted by:Date of submission: Agenda Date: Request Amount: City of Dania Beach Use Request Form Request Date: City Commission Discretionary Funds Category Item #Color Description XS S M L XL 2XL 3XL Qty Items Price Total SHIRT PC380 White ITEM DESCRIPTION: Port & Company® Performance Tee Printing Process: digital Size & print Location: 3 LOCATIONS Front chest 9"w Back 10.5"w Color print: full color Variation: 5 10 10 5 30 $13.50 $405.00 Invoice #12247 Thank you for choosing us! And thank you for your business! U DESIGN IT 1249 Stirling Road STE 6 Dania Beach, Florida 33004 +19545051793 http://www.udesignitusa.com diegoudesignit@gmail.com Delivery Method STORE PICK-UP Created September 1, 2026 Customer Due Date September 1, 2026 Invoice Date September 1, 2026 Payment Due Date September 1, 2026 Total $405.00 Outstanding $405.00 Customer Billing DANIA BEACH Anthony Ifedi 9549243838 / 7544652702 aifedi@daniabeachfl.gov Customer Shipping DANIA BEACH Anthony Ifedi Total Quantity 30 Item Total $405.00 Fees Total $0.00 Sub Total $405.00 Tax $0.00 Total Due $405.00 Paid $0.00 Outstanding $405.00 *Registered Corp Name: MMGREEN INC *All productions start after job preview approved by the customer. *All transactions paid with a Credit Cards/Debit Cards has a 3% fee. *Production info : Normal production time is 8-12 business days after final approval, *We accept rush orders from 24hrs to 6 days. *Client MUST approve artwork before in goes into production. *Once approved artwork, order move into production and we cannot stop/edit the order. *Zelle payment - 614-218-7218 *For more information about rush orders and rates please call us 954-505-1793. City of Dania Beach Public Services Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Candido Sosa-Cruz, ICMA-CM, City Manager VIA: Eleanor Norena, ICMA-CM, Deputy City Manager Oscar Vasquez, Public Services Director SUBJECT: AUTHORIZATION TO AWARD ITB NO. 26-014 "CITY HALL WIND MITIGATION (RE-BID)" AND ENTER INTO AN AGREEMENT WITH KOHN CONSTRUCTION AND DEVELOPMENT LLC Request: The Public Services Department (PSD) requests approval to award bid ITB No. 26-014 "City Hall Wind Mitigation (Re-Bid)," to Kohn Construction and Development LLC as the lowest responsive and responsible bidder and enter into an agreement. Background: The City of Dania Beach advertised ITB No. 26-014, "City Hall Wind Mitigation (Re-Bid)," to obtain the services of a qualified contractor to remove the existing emergency power generation system and install a new emergency backup power system at City Hall, located at 100 W. Dania Beach Boulevard, Dania Beach, Florida. The project is intended to improve the resiliency of the City's primary government facility by providing a reliable, code-compliant emergency power system capable of supporting continuous building operations during utility power outages. The work includes demolition and removal of the existing emergency generator equipment; installation of the new City-furnished 400-kW diesel generator, automatic transfer switches (ATS), annunciator, and associated electrical equipment; provision of a temporary generator during construction; electrical modifications; structural and civil improvements; underground utility coordination; testing and commissioning; restoration of disturbed areas; coordination with Florida Power & Light (FPL); integration with the existing fire alarm system; HVAC control modifications; and all labor, equipment, permits, inspections, testing, crane operations, and related work necessary to provide a complete and operational emergency power system. Bids were publicly opened on July 20, 2026, and five (5) firms submitted proposals as follows: Respondent Total Bid Amount Kohn Construction and Development LLC $434,311.16 S3S Construction Inc. $478,975.00 Tadeos Engineering LLC $524,274.00 Shiff Construction and Development Inc. $586,915.00 Lassco Development Inc. $589,583.20 Following Procurement's review for responsiveness and the Engineer of Record's technical evaluation, Kohn Construction and Development LLC was determined to be the lowest responsive and responsible bidder and is recommended for award. Budgetary Impact Funding for this project will be appropriate from the Grant Fund Account No. 103-18-65-519- 63-10 in the amount of $477,742.28. The base bid submitted by Kohn Construction and Development LLC is $434,311.16. Including a ten percent contingency of $43,431.12, the total project cost is $477,742.28. Recommendation PSD recommends the approval to both award bid ITB No. 26-014 “City Hall Wind Mitigation (Re-Bid) and enter into an agreement with Kohn Construction and Development LLC in an amount not to exceed $477,742.28. 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. 26‑014, “CITY HALL WIND MITIGATION (RE‑BID),” TO KOHN CONSTRUCTION AND DEVELOPMENT LLC IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED SEVENTY‑SEVEN THOUSAND SEVEN HUNDRED FORTY‑TWO DOLLARS AND TWENTY‑EIGHT CENTS ($477,742.28) AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WHICH WILL EXCEED THE ANNUAL VENDOR THRESHOLD OF FIFTY THOUSAND DOLLARS ($50,000.00); PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. the City Hall building, serves as the primary administrative facility for the City of Dania Beach and requires a reliable emergency power system to maintain essential governmental operations during utility power outages; and the City developed the City Hall Wind Mitigation (Re-Bid) Project to replace the existing emergency power generation system with a new, code-compliant emergency power system and to complete the associated electrical, structural, civil, and site improvements necessary to support its operation; and the project includes demolition and removal of the existing emergency generator system; installation of the City-furnished diesel generator, automatic transfer switches (ATS), annunciator, and associated electrical equipment; temporary emergency power during construction; electrical system modifications; structural and civil improvements; testing and commissioning; utility coordination; and all other work necessary to provide a complete and operational emergency power system; and the City publicly advertised Invitation to Bid (ITB) No. 26-014, "City Hall Wind Mitigation (Re-Bid)," in accordance with the City's procurement requirements; and bids were publicly opened on July 20, 2026, and five (5) responsive bids were received; and Procurement completed its review for responsiveness, and the Engineer of Record reviewed the technical qualifications and bid submissions; and Kohn Construction and Development LLC submitted the lowest responsive and responsible bid in the amount of $434,311.16; and RESOLUTION #2026-_____ 2 WHEREAS, the Public Services Department has reviewed the bid results and determined that Kohn Construction and Development LLC is the lowest responsive and responsible bidder and recommends award of ITB No. 26-014 to the City Commission; and WHEREAS, the Public Services Department further recommends approval of the Construction Agreement between the City of Dania Beach and Kohn Construction and Development LLC for completion of the City Hall Wind Mitigation (Re-Bid) Project, Which Agreement is attached as Exhibit “A”; and WHEREAS, due to the nature of the work, the Public Services Department recommends establishing an Owner's Contingency equal to ten percent (10%) of the base contract amount in the amount of $43,431.12; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, “Monetary thresholds for certain purchases and payment disbursement authorizations”, Subsection (a), sets the monetary threshold at $50,000.00 for a vendor each fiscal year; and WHEREAS, the total project authorization, including the base contract amount and Owner's Contingency, shall not exceed $477,742.28; and WHEREAS, funding for this project is available through the Hazard Mitigation Grant Program (HMGP), Project No. 4337-203-R, together with the appropriate City funding source. 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 authorize the award of Invitation to Bid (ITB) No. 26-014, "City Hall Wind Mitigation (Re-Bid)," to Kohn Construction and Development LLC in the amount of $434,311.16, which will exceed the annual vendor threshold of $50,000.00. Section 3. That the City Commission hereby approves the Construction Agreement between the City of Dania Beach and Kohn Construction and Development LLC for completion of the City Hall Wind Mitigation (Re-Bid) Project. Section 4. That the total project authorization, including 10 percent contingency, shall not exceed $477,742.28. Section 5. That funding for this project will be appropriated from the Grant Fund Account No. 103-18-65-519-63-10 in the amount of $477,742.28. RESOLUTION #2026-_____ 3 Section 6. That the City Manager, or designee, is hereby authorized to take all administrative actions reasonably necessary to implement the bid award authorized herein; however, execution of the Construction Agreement shall be subject to subsequent approval by the City Commission. Section 7. That the use of contingency funds in the amount of $43,431.12 may be approved by the City Manager through written request by the Public Services Department upon receipt of written change orders from the vendor. Section 8. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 9. That this Resolution shall become effective immediately upon its passage and 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 1 CONSTRUCTION AGREEMENT CITY HALL WIND MITIGATION (RE-BID) ITB NO. 26-014 | HMGP PROJECT NO. 4337-203-R This Construction Agreement (the “Agreement”) is entered into as of ___________________, 2026, by and between the City of Dania Beach, Florida, a Florida municipal corporation (the “City” or “Owner”), and Kohn Construction and Development LLC, a Florida limited liability company, Document No. L21000018662 (the “Contractor”). The City and Contractor may each be called a “Party” and together the “Parties.” RECITALS A. City Hall serves as the City’s primary administrative facility, and the City requires a reliable, code-compliant emergency power system to maintain essential governmental operations during utility power outages. B. The City developed the City Hall Wind Mitigation (Re-Bid) Project to replace the existing emergency power generation system and complete the associated electrical, structural, civil and site improvements necessary to provide a complete and operational emergency power system. C. The City publicly advertised Invitation to Bid No. 26-014, “City Hall Wind Mitigation (Re- Bid),” in accordance with the City’s procurement requirements. D. Following the public opening of bids and review by the City’s Procurement Division and Engineer of Record, Contractor was determined to be the lowest responsive and responsible bidder, with a total bid of $434,311.16, inclusive of a $10,000.00 permitting allowance. E. By Resolution No. 2026-____, adopted August 25, 2026, the City Commission authorized the award of ITB No. 26-014 to Contractor, subject to subsequent City Commission approval of this Agreement. F. By aforementioned Resolution, the City Commission approved this Agreement and authorized its execution by the appropriate City officials. G. The Project is funded in whole or in part through the Hazard Mitigation Grant Program, Project No. 4337-203-R, and Contractor acknowledges that the Work is subject to the applicable grant requirements incorporated into the Contract Documents. H. Contractor represents that it is qualified, licensed, adequately staffed and financially able to perform the Work, has examined the Contract Documents and Project Site, and has included in its Contract Sum all labor, supervision, materials, equipment, coordination, temporary facilities, testing, permits, overhead, profit and incidentals necessary for a complete and operational Project. 2 NOW, THEREFORE, for good and valuable consideration, the Parties agree as follows: ARTICLE 1 DEFINITIONS AND CONTRACT DOCUMENTS 1.1 Definitions. (a) “Change Order” means a written instrument signed by the City Manager or other official possessing lawful authority and by Contractor that adjusts the Contract Sum, Contract Time, or both. No oral direction, field condition, meeting note, email, submittal review, inspection, or course of conduct is a Change Order. (b) “City Representative” means the City employee or consultant identified in the Notice to Proceed or later designated in writing. The City Representative may administer and inspect the Work but may not amend this Agreement or authorize additional compensation or time unless separately vested with that authority. (c) “Contract Documents” means this executed Agreement; approved Change Orders; written addenda; the Special Conditions; the General Conditions and federal requirements in the ITB; the technical specifications; plans and drawings; ; the Scope of Work incorporated by reference as Exhibit A; Contractor’s accepted price schedule incorporated by reference as Exhibit B; the federal and grant provisions incorporated by reference as Exhibit C; only those additional portions of Contractor’s bid expressly accepted by the City; and the Notice to Proceed. Contractor terms, exclusions, qualifications, assumptions or boilerplate are excluded unless expressly stated in a signed Change Order. (d) “Final Completion” means completion of all Work, correction of all punch-list items, delivery and City acceptance of all closeout documents, releases, warranties, training, manuals, as-builts and required approvals, and satisfaction of all other conditions for final payment. (e) “Substantial Completion” means the stage at which the Work is complete, code-compliant, commissioned, approved for intended use by authorities having jurisdiction, and capable of safe and uninterrupted operation for the City, except for minor punch-list items that do not impair operation, safety, security or access. (f) “Work” means everything required by the Contract Documents to deliver a complete, tested, commissioned, code-compliant and fully operational emergency power system and restored Project Site, whether or not every incidental item is specifically identified. 1.2 Order of precedence. In a conflict, the more stringent requirement and the requirement producing the more complete, safe and functional Project controls, subject to the following order: (1) executed Change Orders; (2) this Agreement; 3 (3) written addenda, in reverse chronological order; (4) Special Conditions; (5) General Conditions and federal requirements; (6) technical specifications; (7) plans and drawings; (8) scope of work; (9) City-issued bid forms; and (10) Contractor’s accepted price schedule. Contractor shall promptly request a written interpretation before proceeding with affected Work. Contractor’s failure to do so waives any claim based on the conflict to the extent it could have been avoided. 1.3 Entire agreement; no reliance. The Contract Documents are the entire agreement. Contractor acknowledges that it has not relied on any oral statement, estimate, schedule, representation or promise not stated in the Contract Documents. No purchase order, invoice, proposal, website term or shrink-wrap, click-wrap or similar term modifies the Contract Documents. ARTICLE 2 SCOPE AND STANDARD OF PERFORMANCE 2.1 General scope. Contractor shall furnish all labor, supervision, materials, consumables, tools, equipment, temporary facilities, transportation, rigging, cranes, protection, testing, documentation and incidentals required to remove the existing emergency power generation system and install, integrate, test and commission the City-furnished 400-kW diesel generator, sub-base fuel tank, automatic transfer switches, annunciator and associated equipment. The Work includes temporary emergency power; demolition; electrical, structural, civil and site work; underground utility verification; FPL coordination; fire-alarm integration; HVAC control modifications and delay timers; concrete and soil testing; permitting and inspections; restoration; training; and closeout, all as detailed in the Contract Documents. 2.2 Complete and functional Work. Contractor’s obligation is for a complete result. Work reasonably inferable from, incidental to, or necessary to produce the intended result is included in the Contract Sum even if omitted from an individual drawing, specification or bid line. Contractor shall not exploit an error, omission or ambiguity and shall immediately notify the City of any discovered discrepancy. 4 2.3 Standard of care and compliance. Contractor shall perform diligently, safely and in a good and workmanlike manner, using properly licensed and qualified personnel, in accordance with the Contract Documents, manufacturer requirements, approved submittals, applicable codes, the Florida Building Code, National Electrical Code, OSHA requirements, permit conditions, grant requirements and all applicable federal, state, county and City laws. Where requirements differ, Contractor shall comply with the more stringent requirement unless the City directs otherwise in writing. 2.4 City-furnished equipment. Contractor shall coordinate pickup or delivery from the manufacturer’s yard, inspect equipment upon transfer, document condition, provide secure storage and weather protection, and assume care, custody and control until Final Completion. Contractor shall promptly report concealed or apparent damage and shall be responsible for loss or damage caused by its handling, storage, installation, testing or failure to protect. City-furnished equipment does not reduce Contractor’s responsibility for correct installation, integration and operation, but Contractor is not responsible for an inherent manufacturing defect that could not reasonably have been detected before installation and was not caused or worsened by Contractor. If delivery of City-furnished equipment is delayed through no fault of Contractor, Contractor shall promptly notify the City, continue all unaffected Work, and resequence and coordinate the Work to minimize any schedule impact. Contractor is entitled only to an extension equal to the actual, documented critical-path delay that could not reasonably have been avoided through resequencing, mitigation or performance of other Work. Any extension must be authorized by written Change Order. Contractor is not entitled to additional compensation arising from the delayed delivery unless the City expressly approves the compensation in a written Change Order. 2.5 Operational continuity. City Hall is an occupied, essential governmental facility. Contractor shall maintain safe access, security, life-safety systems and continuous emergency-power capability. Power interruptions or other impacts to City Hall operations shall occur only on weekends or outside normal business hours, after a written outage and restoration plan is approved by the City Representative. Contractor shall provide at least seven (7) calendar days’ written notice unless the City approves a shorter period. No approval relieves Contractor of responsibility for sequencing, safety, temporary power or restoration. 5 Contractor shall provide, deliver, install, connect, fuel, operate, monitor, test, maintain, repair and remove the temporary generator and all associated equipment necessary to maintain uninterrupted emergency power throughout construction. Associated equipment includes all temporary fuel tanks, cables, connections, transfer equipment, grounding, protection, barriers and other components necessary for a safe, code-compliant and fully operational temporary emergency- power system. Before interrupting the existing emergency-power system, Contractor shall submit and obtain City approval of a temporary-power, monitoring and emergency-response plan. Contractor shall maintain sufficient fuel and qualified personnel and shall promptly respond to and correct any failure or interruption. The temporary system shall remain operational until Final Completion unless the City authorizes its earlier removal in writing after the permanent emergency-power system has been successfully tested, commissioned and accepted for operation. All costs associated with the temporary emergency-power system are included in the Contract Sum. A failure of the temporary system caused by Contractor or its equipment does not entitle Contractor to additional compensation or an extension of the Contract Time. ARTICLE 3 CONTRACT SUM AND PRICING 3.1 Contract Sum. Subject to additions and deductions authorized by written Change Order, the maximum amount payable is FOUR HUNDRED THIRTY-FOUR THOUSAND THREE HUNDRED ELEVEN DOLLARS AND SIXTEEN CENTS ($434,311.16). The Contract Sum is not a guaranteed payment. Lump-sum items are payable based on accepted progress, and unit-price items are payable only for actual quantities incorporated into the Work and accepted by the City at the unit prices in Exhibit B. Contractor bears any cost exceeding the Contract Sum unless first authorized by a Change Order. 3.2 Included costs; firm pricing. Pricing includes all labor, supervision, materials, equipment, delivery, unloading, storage, crane and rigging operations, temporary power, after-hours work required by the Contract Documents, testing, fees, taxes not legally chargeable to the City, overhead, profit, insurance, bonds, escalation, coordination, waste disposal and all other costs. Contractor is not entitled to an adjustment for market changes, labor or material escalation, supply- chain conditions, subcontractor pricing, ordinary weather, site access, quantities reasonably estimable from the Contract Documents, or matters that Contractor knew or should have known before bidding. 6 3.3 Permitting allowance. The $10,000.00 permitting allowance may be used only for actual, documented permit and governmental review fees approved by the City. No overhead, profit or markup applies. Unused allowance remains City funds and reduces the final Contract Sum. Costs above the allowance require prior written authorization by Change Order. 3.4 No tax. The City is exempt from Florida sales and use tax. Contractor shall not include taxes from which the City is exempt and shall use the City’s exemption documentation only for this Project and only as legally permitted. ARTICLE 4 CONTRACT TIME, SCHEDULE AND DELAY 4.1 Time is of the essence. Time is of the essence. Contractor shall commence only upon the City’s written Notice to Proceed and within seven (7) calendar days after the commencement date stated therein. Costs incurred before the Notice to Proceed are at Contractor’s sole risk, except documented bond and insurance costs if the City terminates for convenience before commencement. 4.2 Completion deadlines. Contractor shall achieve Substantial Completion within one hundred twenty (120) days after the commencement date stated in the City’s Notice to Proceed and shall achieve Final Completion within one hundred fifty (150) days after that commencement date, subject only to adjustments authorized in accordance with the Contract Documents. 4.3 Baseline and updates. Within ten (10) calendar days after execution, and before the Notice to Proceed, Contractor shall submit a detailed critical-path schedule showing procurement, City-purchased equipment coordination, submittals, permits, outages, temporary power, FPL activities, inspections, testing, commissioning, punch list and closeout. Contractor shall update the schedule at least monthly and with each payment application. Acceptance of a schedule does not alter the Contract Time or shift responsibility to the City. 4.4 Excusable delay and notice. Contractor is entitled to a day-for-day extension of the Contract Time only for the actual, documented critical-path delay caused solely by an unforeseeable event beyond Contractor’s control and not caused or contributed to by Contractor or its subcontractors. 7 Contractor shall provide written notice describing the event, anticipated impact and mitigation measures within five (5) days after the event begins and shall submit a fully documented request for an extension within ten (10) days after the impact can reasonably be quantified. Contractor shall continuously mitigate the delay and provide supporting schedule updates requested by the City. Extensions for excusable delay shall not exceed thirty (30) days in the aggregate unless the City Manager approves additional time in writing. If an excusable delay continues beyond thirty (30) days, the City may terminate the Agreement for convenience without liability for anticipated profit, extended overhead or other costs attributable to unperformed Work. Concurrent delay is not compensable. Ordinary weather and reasonably foreseeable procurement or supply-chain conditions do not constitute excusable delay. No extension is effective unless authorized by written Change Order. 4.5 No damages for delay. Except to the extent prohibited by law, Contractor’s sole remedy for an excusable delay is a reasonable extension of time. Contractor waives claims for delay, disruption, acceleration, loss of productivity, extended overhead, standby or other time-related compensation, except for a delay caused solely by the City’s active interference, bad faith, fraud, concealment of a material fact, or other circumstance for which a no-damages-for-delay clause is unenforceable under Florida law. 4.6 Liquidated damages. The Parties acknowledge that untimely completion will disrupt essential City operations and cause administrative, inspection, project-management, temporary-power and other costs that are difficult to determine precisely. Contractor shall pay liquidated damages of ONE THOUSAND DOLLARS ($1,000.00) per calendar day for each day Substantial Completion is late and FIVE HUNDRED DOLLARS ($500.00) per calendar day for each day after the Substantial Completion deadline that Final Completion is late. These amounts are agreed estimates of loss, not penalties, and may be deducted from amounts due. Liquidated damages do not limit recovery for separate damages arising from defective work, third- party claims, property damage, indemnity obligations, fraud, willful misconduct, or abandonment. 4.7 Recovery schedule. If progress falls behind the accepted schedule or threatens a milestone, Contractor shall, without additional cost, submit and implement a recovery plan, add labor or shifts, resequence work, expedite materials and take other measures necessary to recover. 8 The City’s review, approval or acceptance of a recovery plan does not constitute a representation that the plan will succeed, relieve Contractor of responsibility for the adequacy of the plan, or modify the Contract Time or Contractor’s liability for delay. ARTICLE 5 ADMINISTRATION, PERSONNEL AND SUBCONTRACTORS 5.1 Contractor control. Contractor is solely responsible for construction means, methods, techniques, sequences, procedures, coordination and safety. City review, inspection, testing, approval or presence does not supervise Contractor personnel or relieve Contractor of responsibility for the Work. 5.2 Superintendent and key personnel. Contractor shall maintain a competent, and qualified superintendent at the Site whenever Work is performed. The superintendent shall be authorized to act on Contractor’s behalf and shall be able to communicate effectively with the City Representative, emergency personnel, inspectors, subcontractors and others involved in the Work. Key personnel identified in Contractor’s bid may not be replaced without the City’s prior written approval. The City may require removal of any person who is unsafe, unqualified, disruptive, violates City policy applicable to the Site, or otherwise impairs the Project. Replacement shall not increase cost or time. 5.3 Subcontractors. Within ten (10) calendar days after execution, Contractor shall submit a complete subcontractor and supplier list. The City may reasonably object to a proposed subcontractor. Contractor remains fully responsible for all acts, omissions, quality, safety and compliance of subcontractors and suppliers as if performed by Contractor. Every subcontract shall incorporate applicable Contract Documents, public-records, audit, insurance, federal, E-Verify and flow-down requirements. No subcontract creates privity with the City. 5.4 Independent contractor; no authority. Contractor is an independent contractor and not an employee, agent, partner or joint venturer of the City. Contractor has no authority to bind the City or incur obligations in the City’s name. Contractor is solely responsible for employment taxes, wages, benefits and personnel direction. 9 ARTICLE 6 SITE CONDITIONS, PROTECTION AND COORDINATION 6.1 Site examination and utilities. Contractor acknowledges that, before submitting its bid, it examined the Contract Documents and Project Site and satisfied itself concerning the conditions affecting the Work, including access, staging, occupied operations, existing improvements, utilities, subsurface work shown in the Contract Documents and other conditions that were visible, disclosed, reasonably inferable, or discoverable through a reasonable pre-bid investigation. Contractor accepts responsibility for such conditions and waives any claim for additional compensation or time arising from its failure to conduct an adequate investigation, verify dimensions or quantities, review available information, or account for conditions that Contractor knew or reasonably should have known before submitting its bid. Before excavation or intrusive work, Contractor shall coordinate Sunshine 811 and any necessary private utility locating, trace and field-verify underground utilities, pothole to verify potential conflicts, and protect existing facilities. Utility information furnished by the City is for Contractor’s assistance and does not relieve Contractor of its independent verification obligations. Contractor shall bear all costs arising from its failure to perform the required investigation, verification or protection. 6.2 Differing concealed conditions. Subject to Contractor’s investigation and verification obligations under Section 6.1, if Contractor encounters a concealed physical condition that materially differs from the conditions indicated in the Contract Documents and could not reasonably have been discovered through the investigation required by Section 6.1, Contractor shall immediately stop only the affected portion of the Work, protect the condition from disturbance, continue all unaffected Work, and provide written notice to the City before disturbing the condition and no later than two (2) days after discovery. The notice shall describe the condition, explain why it was not reasonably discoverable before bidding, identify the affected Work, and provide Contractor’s preliminary assessment of the anticipated cost and critical-path schedule impact. Contractor shall preserve the condition for inspection and provide all information requested by the City. Contractor bears the burden of establishing that the condition was concealed, materially different, not reasonably discoverable, and the direct cause of an unavoidable increase in cost or critical-path delay. No adjustment to the Contract Sum or Contract Time is authorized unless the City determines that the requirements of this Section have been satisfied and approves the adjustment by written Change Order. Any adjustment shall be limited to the reasonable, actual and documented direct cost and critical-path delay necessarily caused by the condition. 10 Contractor shall mitigate all resulting cost and delay. Failure to provide timely notice, preserve the condition, continue unaffected Work, or comply with Section 6.1 is a waiver of the claim to the extent the City is prejudiced or the claimed impact could have been avoided. 6.3 Protection and restoration. Contractor shall protect City property, adjoining property, utilities, landscaping, pavements, sidewalks and improvements; keep the Site secure, orderly and free of debris; and repair damage caused by the Work to original or better condition. The City may correct an unsafe condition or unrepaired damage after notice when practicable and deduct the cost. Contractor shall remove waste lawfully and provide disposal records upon request. Contractor shall continuously protect the facility and the Work from weather and shall maintain the facility in a watertight condition throughout construction. Contractor shall furnish, install, inspect, maintain, repair and remove all temporary roofing, coverings, enclosures, flashing, drainage and other weather-protection measures necessary to prevent water intrusion and damage. Contractor shall not open or remove any portion of the roof or exterior building envelope unless adequate temporary weather protection is in place or can be completely installed before the end of the workday or the onset of adverse weather, whichever occurs first. Contractor shall continuously monitor weather conditions and shall immediately secure and protect the facility when rain, wind or other adverse weather is anticipated. Temporary weather protection shall be planned and maintained so that City Hall remains safely occupied and capable of supporting essential governmental operations throughout construction. Contractor is responsible for all water intrusion and resulting damage, remediation, testing, repair, operational disruption, cost and delay caused by inadequate, defective or improperly maintained temporary weather protection or by Contractor’s failure to timely secure the facility. These obligations do not increase the Contract Sum or Contract Time. 6.4 Hazardous materials. Contractor shall not bring hazardous materials to the Site except in lawful quantities necessary for the Work and with safety data sheets. Upon encountering suspected pre-existing hazardous material not identified in the Contract Documents, Contractor shall stop affected Work, secure the area and notify the City. Contractor is responsible for spills, releases and contamination introduced, disturbed contrary to instructions, or caused by Contractor, including response, reporting and remediation costs. 11 6.5 Security and public access. Contractor shall comply with City security procedures, identification requirements and restrictions on access to nonpublic areas of the Site. Contractor shall secure tools, keys and access credentials, prevent unauthorized entry, and immediately report any security incident. Contractor and its personnel shall comply with all applicable federal and Florida laws concerning weapons and firearms. Nothing in this Agreement prohibits lawful possession or storage of a firearm, including lawful storage in a private motor vehicle, or possession by an authorized law- enforcement or security officer. Illegal drugs and alcohol are prohibited at the Site. Photographs, recordings, publicity and use of the City’s name, seal or logo require the City’s prior written approval, except for documentation reasonably necessary to perform the Work or comply with law. ARTICLE 7 PERMITS, SUBMITTALS, TESTING AND ACCEPTANCE 7.1 Permits and inspections. Unless the Contract Documents expressly assign responsibility for a particular permit, inspection or approval to the City, Contractor shall obtain and maintain all permits required for the Work; schedule and coordinate all required inspections; obtain all necessary approvals from authorities having jurisdiction; and close out all permits before Final Completion. Contractor shall provide the City with copies of all permits, inspection reports, approvals and permit-closeout documents. Contractor shall not cover, conceal or proceed with Work that requires inspection until the required inspection has been completed and approval to proceed has been obtained. Contractor is responsible for all reinspection, retesting, corrective-work and related costs resulting from defective or nonconforming Work, a failed inspection, premature concealment of Work, or Contractor’s failure to properly schedule or coordinate an inspection. 7.2 Submittals. Contractor shall prepare and submit all shop drawings, product data, samples, schedules, coordination drawings and other submittals required by the Contract Documents sufficiently in advance to permit review without delaying the Work. Before submission, Contractor shall review, approve and stamp each submittal and verify its accuracy, completeness, dimensions, quantities, field conditions, installation requirements and coordination with other portions of the Work. The City may reject or return incomplete, inaccurate or uncoordinated submittals without review. Contractor shall promptly correct and resubmit rejected submittals at no additional cost or extension of time. 12 Contractor shall not fabricate, purchase or install Work requiring a submittal until the applicable submittal has been reviewed. Work performed before review is at Contractor’s sole risk. City or design-professional review is limited to general conformance with the Contract Documents and does not relieve Contractor of responsibility for errors, omissions, dimensions, quantities, field verification, coordination, construction means and methods, safety or performance. Contractor shall specifically identify in writing every proposed deviation from the Contract Documents when submitting it for review. Review of a submittal does not approve an unidentified deviation or authorize an adjustment to the Contract Sum or Contract Time. Any such adjustment requires a written Change Order. 7.3 Testing and commissioning. Contractor shall provide all specified tests, including concrete cylinder and soil-density testing, manufacturer start-up, load-bank or operational testing as required, ATS and annunciator testing, fire-alarm integration, HVAC sequencing and grounding verification. Testing shall be witnessed when requested. Failed tests shall be repeated after correction at Contractor’s cost. The system is not accepted until testing, commissioning and training are complete and written reports are delivered. 7.4 Defective work. The City may reject any Work that is defective, damaged, unsafe, improperly performed, inadequately documented, or not in conformance with the Contract Documents, whether discovered before or after payment, inspection, testing, occupancy or use. Upon written notice from the City, Contractor shall promptly investigate the condition and, within the time specified by the City, uncover, remove, correct, replace and retest the rejected Work. Contractor shall also repair any damage to other Work or property resulting from the defective Work or its correction. All resulting labor, materials, testing, inspection, design-professional, permit and other costs shall be borne by Contractor without an increase in the Contract Sum or Contract Time. If Contractor fails to begin and diligently complete the required correction within the time specified by the City, or immediately when an unsafe or emergency condition exists, the City may take reasonable corrective action itself or through others. Contractor shall reimburse the City for all resulting costs, or the City may deduct those costs from amounts otherwise due to Contractor. The City’s correction of defective or nonconforming Work does not relieve Contractor or its surety of responsibility for the Work, waive any warranty or other remedy, or constitute acceptance of the defective condition. Contractor shall continue all unaffected Work while corrective action is pending. 13 7.5 No acceptance by payment or use. Inspection, payment, partial occupancy, operation, issuance of a certificate, or failure to discover a defect does not constitute acceptance, waive a requirement or relieve Contractor or surety. Acceptance occurs only by the City’s written determination of Substantial Completion or Final Completion, as applicable. ARTICLE 8 CHANGES AND CLAIMS 8.1 Written authorization required. The City may order additions, deletions or revisions within the general scope of the Work by written Change Order or Construction Change Directive signed by the City Manager or other City official possessing lawful authority. A Change Order shall be signed by the City and Contractor. A Construction Change Directive may be issued by the City when the Parties have not agreed on the adjustment to the Contract Sum or Contract Time. Contractor shall promptly proceed with the directed Work while preserving its right to submit a claim in accordance with this Article. Contractor shall not perform changed or extra Work without prior written authorization from an authorized City official. Work performed without such authorization is at Contractor’s sole risk and shall be deemed included in the Contract Sum. No oral direction, field instruction, meeting note, email, submittal review, inspection, payment, course of conduct or direction from an unauthorized person constitutes approval of additional compensation or time. 8.2 Pricing changes. The price of changed Work shall be determined in the following order: 1. Applicable unit prices established in Exhibit B; 2. A mutually agreed lump-sum amount supported by an itemized proposal; or 3. If directed by the City, actual and documented allowable costs incurred on a time-and- material basis, subject to a not-to-exceed amount established by the City. Allowable costs are limited to the reasonable, actual and documented cost of labor directly performing the changed Work, materials incorporated into the Work, equipment actually used, and approved subcontractor work. Labor costs shall be based on actual wages plus legally required payroll taxes and insurance. Equipment charges shall not exceed the lower of Contractor’s actual cost or customary local rental rates. 14 The following are included in Contractor’s markup and are not separately reimbursable: home- office and field overhead, supervision not directly performing the changed Work, estimating, scheduling, administrative personnel, small tools, vehicles, phones, computers, temporary facilities, insurance, bonds, financing, legal and accounting expenses, inefficiency, loss of productivity and other indirect costs. The aggregate markup for all overhead and profit, including all Contractor, subcontractor and lower-tier markups, shall not exceed ten percent (10%) of the allowable direct cost of the changed Work. The ten-percent (10%) limitation is cumulative, applies regardless of the number of contracting tiers, and may not be increased or circumvented through multiple or successive markups. No markup is permitted on permit fees, taxes, insurance or bond premiums, or on another markup. Deductive changes shall include a corresponding reduction for overhead and profit calculated on the same basis. Contractor shall submit quotations, invoices, payroll records, time sheets, equipment records, subcontractor proposals and any other supporting documentation requested by the City. Unsupported costs are not payable. The City may audit all records supporting changed Work. For time-and-material Work, Contractor shall submit daily records identifying labor, materials and equipment used. The City representative’s signature verifies only that the identified resources were present and does not establish entitlement, compensability, price or an extension of time. Contractor shall not exceed a City-established not-to-exceed amount without prior written authorization. 8.3 Claims and waiver. As a condition precedent to any claim for additional compensation or time, Contractor shall provide written notice to the City within five (5) days after the event giving rise to the claim and before proceeding with the affected Work when reasonably practicable. Contractor shall submit a fully documented claim within fifteen (15) days after the event or after its impact can reasonably be determined. The claim must identify: 1. The contractual and factual basis for the claim. 2. The amount claimed and a detailed calculation. 3. The effect on the critical path and Contract Time. 4. The measures taken to avoid or mitigate the claimed impact. 5. All supporting schedules, records, invoices, payroll information and other documentation. Failure to comply with these notice and documentation requirements waives the claim to the extent the City is prejudiced or the claimed impact could have been avoided. Contractor shall continue performing the Work while a claim is being reviewed or disputed. 15 8.4 No authority by design professional or inspector. No architect, engineer, consultant, inspector, project manager, City Representative or field representative may modify the Contract Sum or Contract Time unless that person has been expressly authorized in writing to do so on behalf of the City. Contractor proceeds at its own risk if it relies on contrary direction from an unauthorized person. ARTICLE 9 PAYMENT, RETAINAGE AND CLOSEOUT 9.1 Schedule of values and payment applications. Before submitting its first payment application, Contractor shall provide a complete and balanced schedule of values acceptable to the City and consistent with the accepted price schedule in Exhibit B. Not more than once each month, Contractor may submit an itemized payment application showing: 1. Actual Work completed and accepted. 2. Actual quantities of unit-price Work incorporated into the Project. 3. Approved stored materials, if any. 4. The amount previously paid and currently requested. 5. Retainage and other deductions. 6. The remaining Contract Sum. Each payment application shall include the updated Project schedule, applicable inspection and testing documentation, properly executed releases from Contractor and all subcontractors and suppliers included in the current and previous payment applications, and any additional supporting records required by the City or Contract Documents. Submission of a payment application constitutes Contractor’s certification that the Work covered by the application has been performed in accordance with the Contract Documents, that prior payments have been properly applied, and that title to Work for which payment is requested will pass to the City free of liens, claims, security interests and encumbrances. 9.2 Review and payment. The City shall review and pay approved amounts in accordance with the Florida Local Government Prompt Payment Act, Part VII of Chapter 218, Florida Statutes. The City’s review or payment of an application does not constitute acceptance of the Work, approval of quantities not actually incorporated into the Project, or a waiver of defective or nonconforming Work. 16 Payment is subject to lawful appropriation and applicable grant requirements. The City shall not use delay by a grantor to withhold an otherwise due and properly approved payment unless permitted by law and disclosed in the Contract Documents. 9.3 Retainage. The City shall retain five percent (5%) from progress payments, subject to Section 218.735, Florida Statutes. At fifty percent (50%) completion, the City will not withhold more than five percent (5%) retainage and may reduce or release retainage as permitted by law. The City may continue to withhold amounts reasonably necessary to protect against: 1. Defective, incomplete or nonconforming Work. 2. Filed or reasonably anticipated claims. 3. Failure to pay subcontractors or suppliers. 4. Damage to the City or another contractor. 5. An insufficient unpaid Contract balance. 6. Failure to maintain the Project schedule. 7. Accrued or anticipated liquidated damages. 8. Missing closeout, grant or payment documentation. 9. Any other material breach of the Contract Documents. 9.4 Stored materials. Payment for stored materials is within the City’s discretion and requires prior written approval. Contractor shall provide proof of purchase and ownership, invoices, insurance, secure and segregated storage, identification of the materials for this Project, inspection access and any consent of surety requested by the City. Off-site storage requires prior City approval of the location and additional documentation requested by the City. Risk of loss, theft or damage remains with Contractor notwithstanding payment by the City. 9.5 Conditions to final payment. Final payment is conditioned upon Final Completion and the City’s receipt and acceptance of all required closeout documents, including: 1. A final payment application. 2. Contractor’s final payment affidavit. 3. Unconditional final releases from Contractor and all subcontractors and suppliers. 4. Consent of surety to final payment. 5. Final inspections, approvals and permit closeout. 6. As-built drawings in the formats required by the City. 17 7. Operation and maintenance manuals. 8. Testing and commissioning reports. 9. Training records. 10. Spare parts, special tools, keys and access credentials. 11. Warranty documents registered in the City’s name. 12. Proof of lawful waste disposal. 13. Required federal and grant records. 14. Any other closeout item required by the Contract Documents. Acceptance of final payment waives Contractor’s claims except a claim specifically identified in writing and expressly accepted by the City for reservation before final payment. 9.6 Setoff and withholding. The City may withhold or set off amounts reasonably necessary to protect against defective Work, third-party claims, failure to pay subcontractors or suppliers, property damage, liquidated damages, an insufficient unpaid Contract balance, schedule default, missing records, overpayment or any other breach of the Contract Documents. After notice when reasonably practicable, the City may pay a claimant, correct defective Work, cure a default or satisfy another obligation for which Contractor is responsible and deduct all resulting costs from amounts otherwise due. ARTICLE 10 BONDS, LIENS AND TITLE 10.1 Performance and payment bonds. Within fourteen (14) days after notice of award and before execution of this Agreement or commencement of the Work, Contractor shall furnish separate performance and payment bonds, each in the full amount of the Contract Sum, on forms acceptable to the City. Each bond shall be issued by a surety authorized to transact business in Florida, acceptable to the City, and shall comply with Section 255.05, Florida Statutes. The bonds shall remain effective through Final Completion and the correction of all warranty obligations. Contractor shall increase the bond amounts to reflect increases in the Contract Sum. The City will pay only an actual, documented additional bond premium expressly approved as part of the applicable Change Order. 10.2 Public property; claims. No construction lien or other encumbrance may attach to City property. Contractor shall keep the Project, Work and City property free from liens and encumbrances arising from labor, services, materials or equipment furnished for the Project. 18 Before commencing Work, Contractor shall record the payment bond in the public records of Broward County as required by Section 255.05, Florida Statutes, and provide the City with a certified copy of the recorded bond. The City is not required to make payment until it receives the certified copy. Upon receiving a lien, notice of nonpayment, payment-bond claim or other demand arising from the Work, Contractor shall promptly notify the City and surety and shall satisfy, discharge, bond off or otherwise resolve the matter within ten (10) days. Contractor shall provide the City with documentation establishing the resolution. If Contractor fails to timely resolve the matter, the City may withhold sufficient funds, notify or make demand upon the surety, bond off or discharge an improper lien or encumbrance, or resolve the claim as reasonably necessary to protect the City. Contractor shall reimburse the City for all resulting payments, costs and reasonable attorneys’ fees, or the City may deduct those amounts from sums otherwise due. Nothing in this Section limits a claimant’s lawful rights against the payment bond under Section 255.05, Florida Statutes, or makes the City responsible for Contractor’s payment obligations. § 255.05, Florida Statutes. 10.3 Title and risk of loss. Title to materials and equipment for which the City has paid passes to the City upon payment. Contractor warrants that the City receives good title free of liens, security interests and encumbrances. Risk of loss, theft or damage remains with Contractor until Final Completion and written acceptance by the City, regardless of whether the City has paid for the affected Work, materials or equipment. ARTICLE 11 INSURANCE 11.1 Required insurance. Contractor shall obtain and maintain all insurance coverages, limits, endorsements and other requirements specified in Section 2.23 of ITB No. 26-014, which is incorporated into this Agreement by reference. Contractor shall not commence or continue Work until the required insurance has been submitted to and approved by the City’s Risk Manager. Contractor shall maintain the required coverage throughout performance of the Work and any applicable completed-operations and warranty periods. 19 11.2 Evidence of coverage. Contractor shall provide certificates of insurance and all endorsements required by the Contract Documents. Certificate language alone does not satisfy a requirement for an endorsement. Contractor shall provide updated evidence of coverage before expiration of any policy and shall promptly notify the City of any cancellation, nonrenewal or material reduction in coverage. 11.3 Subcontractors. Contractor shall ensure that every subcontractor maintains the insurance required by the Contract Documents and shall provide evidence of subcontractor coverage upon request. Contractor remains responsible for the acts and omissions of its subcontractors and for any loss, claim or liability arising from a subcontractor’s failure to maintain required insurance. 11.4 Lapse in coverage. Contractor and its subcontractors shall not perform Work while any required insurance is not in effect. A lapse in required coverage constitutes a material breach. Any resulting delay is nonexcusable and does not entitle Contractor to additional compensation or an extension of the Contract Time. ARTICLE 12 INDEMNIFICATION AND RESPONSIBILITY FOR LOSS 12.1 Indemnification. To the fullest extent permitted by Section 725.06, Florida Statutes, Contractor shall indemnify and hold harmless the City and its elected and appointed officials, officers, employees and agents from liabilities, damages, losses and costs, including reasonable attorneys’ fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor or any person employed or utilized by Contractor in performing the Contract Documents. Contractor’s indemnification obligations are not limited by the availability or amount of insurance, workers’ compensation benefits, or the Contract Sum. These obligations survive completion, final payment and termination of the Agreement. 12.2 Defense and claims handling. For any claim within the scope of Contractor’s indemnification obligations, Contractor shall promptly assume and fund the defense using counsel reasonably acceptable to the City. The City may participate in the defense with counsel of its choosing. Contractor shall not settle any claim in a manner that imposes liability, an admission, a nonmonetary obligation or a restriction upon the City without the City’s prior written consent. 20 Nothing in the Contract Documents requires the City to indemnify Contractor or any other person or constitutes a waiver of the City’s sovereign immunity. 12.3 Property damage and personal injury. Contractor is responsible for bodily injury, death, theft, loss and property damage caused by or arising from the Work, Contractor-controlled Site conditions, or the acts or omissions of Contractor, its subcontractors, suppliers or persons for whom Contractor is responsible. Contractor shall immediately report any accident, injury, death, property damage, theft, utility strike, spill or other material incident to the City. Contractor shall preserve relevant evidence and cooperate with the City, applicable authorities and insurers in investigating and responding to the incident. ARTICLE 13 WARRANTY AND CORRECTION 13.1 General warranty. Contractor warrants that all materials and equipment furnished for the Project will be new and of good quality unless the Contract Documents expressly permit otherwise; that the Work will be free from defects; that the Work will conform to the Contract Documents; and that the completed system will perform its intended functions. In addition to any longer manufacturer or specified warranty, Contractor shall correct defective or nonconforming Work discovered within two (2) years after Substantial Completion. If corrective Work is completed after Substantial Completion, the two-year correction period for that Work begins upon completion and acceptance of the correction. The correction period does not limit any longer warranty, other contractual remedy, or applicable statute of limitations or repose. 13.2 Manufacturer and supplier warranties. Contractor shall obtain, register and assign to the City all manufacturer, supplier and subcontractor warranties applicable to the Work. Unless the City approves otherwise, those warranties shall commence no earlier than Substantial Completion. Contractor shall administer warranty claims on the City’s behalf and provide all labor, access, removal, shipping, reinstallation, testing and coordination required for the City to receive the full benefit of the warranties. 21 13.3 Warranty response. For an emergency or failure affecting safety, essential operations or property, Contractor shall respond within two (2) hours after notice and mobilize corrective action within four (4) hours. For a nonemergency warranty matter, Contractor shall begin corrective action within two (2) business days after notice and shall diligently proceed until the correction is completed. If Contractor fails to respond or correct the condition within the required time, the City may perform or arrange the corrective Work and recover all resulting costs from Contractor without waiving any warranty or other remedy. ARTICLE 14 TERMINATION, SUSPENSION AND CITY REMEDIES 14.1 Termination for cause. The City may terminate all or any portion of the Work for cause if Contractor: 1. Fails to supply sufficient qualified workers, materials or equipment. 2. Fails to commence or diligently prosecute the Work. 3. Performs defective, nonconforming or unsafe Work. 4. Fails to pay subcontractors or suppliers. 5. Violates applicable law, grant requirements or the Contract Documents. 6. Fails to maintain a required license, bond or insurance coverage. 7. Becomes insolvent, makes an assignment for the benefit of creditors, or is the subject of bankruptcy or receivership proceedings that materially impair performance. 8. Makes a material misrepresentation to the City. 9. Abandons the Project. 10. Otherwise materially breaches the Contract Documents. Except in the case of abandonment, fraud, an immediate safety emergency, loss of required insurance or bond coverage, or failure to timely commence the Work, the City shall provide written notice identifying the default and allow Contractor five (5) days to cure or to begin and diligently pursue a cure acceptable to the City. 14.2 Remedies following default. Following Contractor’s default, the City may: 1. Exclude Contractor from the Site. 2. Take possession of materials and equipment for which the City has paid. 3. Accept assignment of subcontracts and purchase orders. 4. Make demand upon the performance or payment bond. 5. Complete or correct the Work through others. 6. Withhold and set off amounts otherwise due. 22 7. Recover excess completion costs, design-professional fees, inspection costs, administrative costs, liquidated damages and other direct damages caused by the default. 8. Exercise any other remedy available under the Contract Documents or law. If a termination for cause is later determined to have been improper, the termination shall be treated as a termination for convenience, and Contractor’s recovery shall be limited to the compensation permitted under Section 14.3. 14.3 Termination for convenience. The City may terminate all or any portion of the Agreement without cause upon thirty (30) days’ written notice or on an earlier date stated in the notice. Upon receipt of the notice, Contractor shall: 1. Stop the Work as directed. 2. Protect completed and partially completed Work. 3. Cancel or assign commitments as directed by the City. 4. Mitigate all termination costs. 5. Deliver all City-owned or City-paid materials, equipment and Project records. 6. Cooperate in an orderly transition of the Work. The City shall pay Contractor for accepted Work properly performed through the effective termination date, reasonable documented demobilization costs, and unavoidable cancellation charges approved by the City, less prior payments, retainage and applicable offsets. Contractor is not entitled to anticipated profit, unabsorbed overhead, lost opportunity, consequential damages, or profit on Work not performed. 14.4 Suspension. The City may suspend all or any portion of the Work for convenience, Contractor default, safety, operational necessity, funding requirements or any other reasonable cause. Contractor shall stop the affected Work as directed, protect the Work and Site, continue unaffected Work, and mitigate the cost and schedule impact. A suspension for convenience that solely causes a critical-path delay may support an extension under Article 4. Contractor is not entitled to additional compensation except when the no-damages- for-delay provision is unenforceable under Florida law. 14.5 Nonexclusive remedies. The City’s rights and remedies are cumulative. The City’s failure or delay in enforcing a requirement does not constitute a waiver. 23 The City may recover reasonable attorneys’ fees and costs incurred to enforce Contractor’s indemnification, public-records, audit, lien-discharge, confidentiality, grant-compliance and payment obligations, and as otherwise permitted by law. ARTICLE 15 PUBLIC RECORDS, AUDIT AND GRANT RECORDS 15.1 Public records. Contractor shall comply with Chapter 119, Florida Statutes, and Section 119.0701, Florida Statutes. Contractor shall: 1. Keep and maintain public records required to perform the Agreement. 2. Upon request from the City’s custodian of public records, provide the City with a copy of requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the amount provided by law. 3. Ensure that public records exempt or confidential and exempt from disclosure are not disclosed except as authorized by law for the duration of the Agreement and after completion or termination if Contractor retains the records. 4. Upon completion or termination, transfer to the City, at no cost, all public records in Contractor’s possession or keep and maintain the records as required by law. 5. Provide electronic records in a format compatible with the City’s information-technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTRACTOR SHALL CONTACT THE CITY’S CUSTODIAN OF PUBLIC RECORDS: ELORA RIERA, CITY CLERK CITY OF DANIA BEACH 100 WEST DANIA BEACH BOULEVARD DANIA BEACH, FLORIDA 33004 TELEPHONE: 954-924-6800 EMAIL: ERIERA@DANIABEACHFL.GOV 15.2 Records retention and audit access. Contractor shall maintain complete, accurate and separately identifiable Project records, including accounting, payroll, procurement, subcontract, schedule, correspondence, change-order, testing, inspection and payment records. Contractor shall retain the records for at least five (5) years after final payment or for any longer period required by applicable law, grant requirements, audit, claim or litigation. 24 The City, the applicable grantor, the Federal Emergency Management Agency, the Florida Division of Emergency Management, the United States Department of Homeland Security, the Inspector General, the Comptroller General and their authorized representatives may inspect, copy and audit Project records and interview Contractor personnel during reasonable times. Unsupported or disallowed costs are not payable and, if previously paid, shall be reimbursed to the City. 15.3 Cooperation and access. Contractor shall provide timely access to the Site, Work, records and personnel for inspection, monitoring and audit. Contractor shall cooperate with all lawful reviews and investigations, timely respond to findings attributable to Contractor, correct identified deficiencies, and reimburse the City for costs disallowed because of Contractor’s act, omission or failure to maintain adequate documentation. Contractor shall include the applicable public-records, retention, audit and access requirements in every subcontract and purchase order. These obligations survive completion, final payment and termination of the Agreement. ARTICLE 16 FEDERAL AND STATE COMPLIANCE 16.1 Federal funding requirements. Contractor acknowledges that federal disaster-assistance funds may finance all or a portion of the Project. Contractor shall comply with all applicable federal requirements incorporated into the Contract Documents, including the requirements contained in ITB No. 26-014, applicable provisions of 2 C.F.R. Part 200 and Appendix II, Federal Emergency Management Agency requirements, and the federal provisions contained in Exhibit C. Contractor shall include all required federal provisions in its subcontracts and purchase orders and is responsible for compliance by its subcontractors and lower-tier entities. If a federal requirement is legally inapplicable to the Project, its inclusion does not make it applicable. Contractor shall nevertheless provide the information and cooperation necessary for the City or applicable grantor to determine whether a requirement applies. 16.2 Suspension and debarment. Contractor certifies that neither Contractor nor any of its principals or affiliates is suspended, debarred, excluded or otherwise ineligible to participate in a covered federal transaction. 25 Contractor shall comply with 2 C.F.R. Part 180, Subpart C, and 2 C.F.R. Part 3000, Subpart C, and shall verify the eligibility of subcontractors and other participants in lower-tier covered transactions. Contractor shall immediately notify the City if Contractor or any principal, affiliate, subcontractor or lower-tier participant becomes suspended, debarred, excluded or otherwise ineligible during performance of the Agreement. A false certification or failure to provide notice constitutes a material breach. 16.3 Lobbying. Contractor shall submit all certifications and disclosures required by the Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352. Contractor certifies that it has not used and will not use federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of a federal agency, Member of Congress, congressional officer or employee, or employee of a Member of Congress in connection with a covered federal award. Contractor shall disclose lobbying performed with nonfederal funds and shall obtain and forward all required lower-tier certifications and disclosures. 16.4 E-Verify. Contractor shall register with and use the E-Verify system for all newly hired employees as required by Section 448.095, Florida Statutes. Contractor shall obtain and retain the affidavits required by law from each subcontractor and shall provide proof of compliance to the City upon request. If the City has a good-faith belief that Contractor knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate the Agreement as required by law. If the City has a good-faith belief that a subcontractor knowingly violated the law but Contractor otherwise complied, Contractor shall immediately terminate the subcontract as required by law. 16.5 Public entity crimes and statutory eligibility. Contractor certifies that it is eligible to contract with the City under Section 287.133, Florida Statutes, and is not prohibited from contracting under Sections 287.134, 287.135 or 215.473, Florida Statutes, as applicable. Contractor shall immediately notify the City of any change in its eligibility or certification. The City may terminate the Agreement for a false certification or statutory disqualification. 26 16.6 Human-trafficking affidavit. Before execution of the Agreement, Contractor shall provide the affidavit required by Section 787.06, Florida Statutes, signed by an officer or authorized representative, attesting that Contractor does not use coercion for labor or services. The affidavit is incorporated into the Agreement by reference. A materially false attestation constitutes a material breach and grounds for termination and referral to the appropriate authorities. 16.7 Licenses, registrations and taxes. Contractor and its subcontractors shall obtain and maintain all licenses, registrations, certifications and authorizations required to perform their respective portions of the Work and shall remain in good standing throughout the Project. Contractor is solely responsible for all taxes, assessments, unemployment contributions and other governmental obligations attributable to its business, personnel and performance of the Work, except taxes from which the City is legally exempt. ARTICLE 17 CONFIDENTIALITY, DATA AND INTELLECTUAL PROPERTY 17.1 Protected information. Contractor shall use nonpublic City information, building-security information, access credentials and critical-infrastructure information solely to perform the Work. Contractor shall restrict access to personnel who require the information to perform the Work and shall employ reasonable administrative, technical and physical safeguards against unauthorized access, use, loss or disclosure. Contractor shall immediately notify the City of any actual or suspected loss, unauthorized access, disclosure or security incident involving City information or systems and shall cooperate with the City’s investigation and response. Contractor shall not place nonpublic City information into a publicly available or consumer artificial-intelligence system or use City information to train or improve an artificial-intelligence model. Nothing in this Section authorizes Contractor to withhold a nonexempt public record or otherwise limits the application of Florida public-records law. 27 17.2 Project documents. To the extent Contractor creates Project-specific schedules, reports, as-built drawings, photographs, test results, commissioning data, manuals or other deliverables, the City owns the copies delivered under the Agreement and may use, reproduce, modify and disclose them for City purposes. Contractor retains ownership of its pre-existing proprietary tools, methods and materials but grants the City a perpetual, irrevocable, royalty-free license to use, reproduce and modify them to the extent incorporated into a Project deliverable or reasonably necessary to operate, maintain, repair or modify the Project. Contractor warrants that Project deliverables will not infringe a patent, copyright, trade secret or other proprietary right of a third party. 17.3 Publicity and City marks. Contractor shall not issue publicity concerning the Project, advertise the contract award, or use the City’s name, seal, logo or photographs of secure or nonpublic areas without the City’s prior written approval. This restriction does not prohibit a truthful disclosure required by law or the inclusion of basic Project information in a contractor qualification statement after Final Completion, provided Contractor does not imply City endorsement. ARTICLE 18 DISPUTES, GOVERNING LAW AND SOVEREIGN IMMUNITY 18.1 Good-faith resolution and continued performance. Contractor shall first submit a dispute to the City Representative for review. If unresolved, Contractor may submit the dispute to the Public Services Director and then to the City Manager. Pending resolution of a dispute, Contractor shall continue timely performance of the Work, and the City shall continue to pay undisputed amounts properly due. This dispute-review process does not extend a contractual notice or claim deadline and does not limit the City’s remedies. 18.2 Governing law and venue. Florida law governs the Contract Documents without regard to conflict-of-law principles. Exclusive venue for any action arising from or relating to the Contract Documents lies in the state courts located in Broward County, Florida, or, if federal jurisdiction exists, in the United States District Court for the Southern District of Florida. 28 Contractor waives any objection based upon venue or forum non conveniens. 18.3 Jury-trial waiver. TO THE EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES TRIAL BY JURY IN ANY ACTION ARISING FROM OR RELATING TO THE CONTRACT DOCUMENTS. 18.4 Sovereign immunity. Nothing in the Contract Documents waives or alters the City’s sovereign immunity or the limitations established by Section 768.28, Florida Statutes. No provision creates liability beyond that provided by law, and no obligation by the City to indemnify Contractor or another person shall be implied. 18.5 Consequential damages. To the extent permitted by law, Contractor waives claims against the City for lost profits on other work, loss of financing, loss of business opportunity, special, incidental, punitive or consequential damages. This waiver does not limit the City’s right to recover damages from Contractor. ARTICLE 19 MISCELLANEOUS 19.1 Notices. Formal notices required by the Contract Documents shall be in writing and delivered by personal delivery, nationally recognized overnight-delivery service, certified United States mail with return receipt requested, or email with confirmation of receipt. Notice is effective upon confirmed delivery to the following: To the City: City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 29 With a copy to: City Attorney City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 To Contractor: Kohn Construction and Development LLC 20801 Biscayne Boulevard, Suite 403 Aventura, Florida 33180 Attention: Alberto Kohn, Manager Project communications sent to the City Representative do not replace formal notice to the City Manager when formal notice is required. 19.2 Assignment. Contractor shall not assign, transfer, delegate or encumber the Agreement, its payment rights or its claims without the City’s prior written consent. An unauthorized assignment is void. The City may assign the Agreement to a governmental successor or funding entity upon written notice to Contractor. 19.3 Appropriation and authority. The City’s obligations are subject to lawful appropriation. No City employee, officer, representative or consultant may bind the City beyond that person’s lawfully delegated authority. Contractor is charged with knowledge of applicable authority and may rely only upon a written instrument executed by an authorized City official. 19.4 No third-party beneficiaries. The Contract Documents are solely for the benefit of the City and Contractor and create no right or benefit in a subcontractor, supplier, surety, grantor, employee or other third party, except for rights expressly created by a statutory bond or applicable law. 19.5 Severability and interpretation. If any provision of the Contract Documents is determined to be invalid or unenforceable, the provision shall be enforced to the maximum extent permitted by law, and the remaining provisions remain effective. 30 Headings are for convenience only. The term “including” means “including without limitation.” The singular includes the plural when appropriate. The Parties acknowledge that the Agreement was reviewed by both Parties. No presumption or rule of construction shall apply against a Party based upon authorship of the Agreement. Obligations that by their nature extend beyond completion, final payment or termination survive. 19.6 Amendment and waiver. An amendment or waiver is effective only in a written instrument executed by an authorized representative of the Party against whom it is enforced. A waiver on one occasion is not a continuing waiver. City review, approval, payment or failure to enforce a requirement does not waive compliance unless the City expressly identifies the waived requirement in writing. 19.7 Counterparts and electronic signatures. The Agreement may be executed in counterparts, each of which is treated as an original and all of which together constitute one instrument. Legally valid electronic signatures have the same force and effect as original signatures. 19.8 Authority and representations. Each person signing the Agreement represents that he or she has authority to bind the identified Party. Contractor represents that its legal name, organizational status, addresses, licenses and other information provided to the City are accurate and that no undisclosed restriction prevents Contractor from performing the Agreement. SIGNATURES ON THE FOLLOWING PAGES 31 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO LEGAL FORM AND CORRECTNESS EVE A. BOUTSIS, CITY ATTORNEY CANDIDO SOSA-CRUZ, ICMA-CM CITY MANAGER 32 CONTRACTOR: WITNESSES: KOHN CONSTRUCTION AND DEVELOPMENT LLC SIGNATURE SIGNATURE PRINT Name PRINT Name SIGNATURE Title PRINT Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on , 2026, by _______________ (name), _______________________ (title), of KOHN CONSTRUCTION AND DEVELOPMENT LLC., a Florida limited liability company, who is personally known to me or has produced as identification. NOTARY PUBLIC My Commission Expires: State of Florida 33 EXHIBIT A SCOPE OF WORK The Scope of Work for the City Hall Wind Mitigation (Re-Bid) Project contained in ITB No. 26- 014, together with the applicable plans, technical specifications and addenda, is incorporated into the Agreement by reference. 34 EXHIBIT B CONTRACTOR’S ACCEPTED PRICE SCHEDULE Kohn Construction and Development LLC’s accepted bid and price schedule submitted in response to ITB No. 26-014 is incorporated into the Agreement by reference, including all accepted unit prices, the total Contract Sum of $434,311.16, and the $10,000.00 permitting allowance. Any terms, qualifications, assumptions, exceptions or conditions included in Contractor’s bid that were not expressly accepted by the City are excluded. 35 EXHIBIT C FEDERAL AND GRANT REQUIREMENTS The federal requirements contained in ITB No. 26-014 and the applicable requirements of Hazard Mitigation Grant Program Project No. 4337-203-R are incorporated into the Agreement by reference, including all applicable FEMA and Florida Division of Emergency Management requirements and the applicable provisions of 2 C.F.R. Part 200 and Appendix II. City of Dania Beach City Attorney Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Eve A. Boutsis, City Attorney VIA: Candido Sosa-Cruz, ICMA-CM, City Manager SUBJECT: School Zone – Speed Camera Program – Piggyback for Services Agreement Request: To approve a piggyback agreement with Blue Line Solutions, LLC., for the installation, equipment, and management of a speed camera program in school zones. Background: The Town of Pembroke Park competitively solicited proposals pursuant to RFP No. 12 473-14, Creation and Implementation for a Speed Camera Enforcement Program in School Zones Only ("RFP"). The Town of Pembroke Park awarded the RFP to Contractor and entered into a Service Agreement with Contractor dated July 9, 2025 ("Underlying Agreement"). The City desires to obtain substantially similar services from Contractor utilizing the competitively procured terms of the Underlying Agreement, subject to the City-specific provisions contained in the piggyback agreement. The Contractor will perform the services for the to create and implement a speed camera enforcement program in school zones. all services, labor, equipment, and materials necessary and as may be required in the performance of this Agreement. The term of this Agreement shall begin upon issuance of first payable citation, a date that can be noted in an addendum, and shall be in effect for an initial term of three (3) years, followed by two (2) three-year renewal options which are subject to the mutual written consent of both parties. The Contractor shall perform all collection activities and send the balance of fines collected to the City after removing the fifteen dollars ($15.00) fee it is entitled to collect under the Contract. So, the City would keep 60% of the %100.00 citation ($60.00) under state law. Then of the $60.00, the City would keep 75% ($45.00) and Blue Line/Contractor would keep 25% ($15.00). The remaining 40% not distributed to the City goes to the Recruitment and Retention Program, and the Department of Law Enforcement Criminal Justice Standards and Training Trust Fund. The City shall then forward fees required to be transmitted to any other agency pursuant to this agreement and applicable law. The scope of work for this project includes, but is not limited to, the following: 1. System Provision and Installation: ○ Supply and install all necessary red-light camera equipment, including cameras, sensors, and related hardware, at locations identified and approved by the Town. ○ Ensure that all equipment is compliant with Florida law and industry best practices. ○ Perform all necessary site preparation and installation work. 2. System Operation and Maintenance: ○ Operate and maintain the red-light camera system to ensure its continuous and reliable operation. ○ Perform regular inspections and maintenance of all equipment. ○ Provide technical support and troubleshooting services. ○ Ensure the system is calibrated and certified as required by law. 3. Violation Processing and Administration: ○ Review and process violation data captured by the system. ○ Generate and mail violation notices to registered vehicle owners. ○ Provide a secure online platform for citizens to review violation evidence and make payments. ○ Manage the collection of fines and remittance of payments to the Town. ○ Provide court support and adjudication assistance, if required. 4. Program Management and Reporting: ○ Provide regular reports to the Town on program performance, including violation statistics, revenue generated, and system uptime. ○ Attend meetings with Town staff to discuss program operations and address any issues. ○ Ensure compliance with all applicable laws and regulations. ○ Provide public awareness and education materials regarding the red-light camera program. The City’s school zones are: 1. Olsen Middle School 330 SE 11th Terrace, Dania Beach, FL 33004 2. Collins Elementary 1050 NW 2nd St, Dania Beach, FL 33004 3. Dania Beach Elementary 300 SE 2nd Ave, Dania Beach, FL 33004 4. Attucks Middles School 3500 N 22nd Ave, Hollywood, FL 33020 BSO provided two piggyback agreements. The second agreement terms were not as favorable to the City and the implementation process was more complicated. As such, the City decided to proceed with Blue Line Solutions, LLC, which has the more favorable terms. Budgetary Impact A positive budgetary impact to the City, as the City would receive $45.00 of the $60.00 that would go to the City of a $100.00 ticket for speeding in a school zone, starting 30 minutes before the school day starts and ends 30 minutes after the end of the school day. At this point, there isno way to estimate the number of violations. If there is speed compliance, then the school zones are safer. If there are violations, then there is a revenue stream for the City and hopefully a way to ensure that people learn not to speed in these areas. Recommendation Approve the resolution authorizing a piggyback agreement with Blue Line Solutions, LLC., for the installation, equipment, and management of a speed camera program in school zones. RESOLUTION NO. 2026-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING, AFTER PUBLIC COMMENT, THE WAIVER OF COMPETITIVE BIDDING AND AUTHORIZING THE PURCHASE, INSTALLATION, AND OPERATION OF SPEED ENFORCEMENT CAMERAS IN SCHOOL ZONES, SITE ACCESSORIES, AND RELATED PRODUCTS AND SERVICES FROM BLUE LINE SOLUTIONS, LLC, UTILIZING THE TOWN OF PEMBROKE PARK RFP NO. 12‑473‑14 AND AUTHORIZING THE EXPENDITURE OF FUNDS IN EXCESS OF $50,000.00; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection (j), authorizes the City Manager to purchase supplies, services, equipment, and materials for the City government in amounts in excess of the established monetary threshold without competitive bidding and without advertisement for bids, if she is authorized to do so in advance by a resolution adopted by the City Commission; and the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, “Monetary thresholds for certain purchases and payment disbursement authorizations”, Subsection (a), sets the monetary threshold at Fifty Thousand Dollars ($50,000.00) for a vendor each fiscal year; and the Town of Pembroke Park competitively solicited proposals pursuant to RFP No. 12 473-14, Creation and Implementation for a Speed Camera Enforcement Program in School Zones Only ("RFP"); and the Town of Pembroke Park awarded the RFP to Contractor and entered into a Service Agreement with Contractor dated July 9, 2025 ("Underlying Agreement"); and the City desires to obtain substantially similar services from Contractor utilizing the competitively procured terms of the Underlying Agreement, subject to the City- specific provisions contained herein; and , the Florida Statutes requires public comment before approving a service agreement or any extension of a service agreement, in the future; and the City Commission allowed public comment at its September 14, 2026 meeting; and 2 RESOLUTION #2026-____ WHEREAS, Contractor has agreed to provide such services to the City pursuant to the Underlying Agreement and this Agreement; WHEREAS, the City Manager and Chief Tarala request that the City Commission waive competitive bidding and authorize the purchase of the Equipment from Blue Line Solutions, LLC, a Tennessee limited liability company authorized to do business in the State of Florida, using the Town of Pembroke Park RFP No. 12 473-14, and the underlying Service Agreement between Pembroke Park and Blue Line Solutions LLC, dated July 9, 2025; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission authorizes the proper City officials to execute an agreement, which agreement is attached as Exhibit “A” and incorporated by this reference into this resolution, pursuant to all terms and pricing of the Town of Pembroke Park Service Agreement with Blue Line Solutions, LLC dated July 9, 2025, Section 3. That the City Commission authorizes exceeding the annual Fifty Thousand Dollars ($50,000.00) threshold for the operation of the agreement. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be effective 10 days after passage. SIGNATURES ON THE FOLLOWING PAGE 3 RESOLUTION #2026-____ 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 1 PIGGYBACK AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND BLUE LINE SOLUTIONS, LLC PURSUANT TO TOWN OF PEMBROKE PARK RFP NO. 12 473-14 This Piggyback Agreement ("Agreement") is entered into on _______________________, 2026 between the City of Dania Beach, Florida, a Florida municipal corporation ("City"), and Blue Line Solutions, LLC, a Tennessee limited liability company authorized to do business in the State of Florida ("Contractor"). RECITALS WHEREAS, the Town of Pembroke Park competitively solicited proposals pursuant to RFP No. 12 473-14, Creation and Implementation for a Speed Camera Enforcement Program in School Zones Only ("RFP"); and WHEREAS, the Town of Pembroke Park awarded the RFP to Contractor and entered into a Service Agreement with Contractor dated July 9, 2025 ("Underlying Agreement"); and WHEREAS, the City desires to obtain substantially similar services from Contractor utilizing the competitively procured terms of the Underlying Agreement, subject to the City- specific provisions contained herein; and WHEREAS, Contractor has agreed to provide such services to the City pursuant to the Underlying Agreement and this Agreement; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. PIGGYBACK AND CONTRACT DOCUMENTS 1.1 The City hereby utilizes the Town of Pembroke Park RFP No. 12 473-14 and resulting Underlying Agreement with Contractor as the competitive procurement for the services contemplated herein. 1.2 Except as expressly modified by this Agreement, the applicable terms and conditions of the following documents are incorporated herein as Exhibit “A”, by reference: a. this Piggyback Agreement; b. the Town of Pembroke Park Service Agreement with Blue Line Solutions, LLC; c. RFP No. 12 473-14, including applicable specifications and addenda; d. Contractor's proposal accepted pursuant to the RFP; and 2 e. any City-approved site schedule, implementation plan, or other written document expressly incorporated into this Agreement. Exhibit “A” is incorporated by reference and need not be physically duplicated as an attachment to this Piggyback Agreement. 1.3 In the event of a conflict, the documents shall control in the order listed above. 1.4 References in the Underlying Agreement to the "Town" shall mean the City of Dania Beach where applicable. References to Town officials, addresses, ordinances, policies, procedures, or administrative requirements shall mean the corresponding City officials, addresses, ordinances, policies, procedures, or requirements. 2. SCOPE OF SERVICES Contractor shall provide a turnkey automated school-zone speed detection program substantially in accordance with the scope competitively procured under the RFP, including all equipment, installation, permitting assistance, system operation and maintenance, violation processing, mailing, payment processing, reporting, training, technical support, and other services required by the Contract Documents. No additional service, equipment, fee, or charge shall be payable by the City unless expressly authorized in advance by a written amendment executed by the City. The applicable school zones are as follows: Olsen Middle School 330 SE 11th Terrace, Dania Beach, FL 33004, including along SE 5th Street Dania Beach Elementary 300 SE 2nd Ave, Dania Beach, FL 33004 Attucks Middle school (school zone on Stirling Road) 3. COMPENSATION 3.1 Contractor shall be compensated in accordance with the pricing and compensation methodology competitively procured and incorporated into the Underlying Agreement, subject at all times to Section 316.1896, Florida Statutes, and other applicable law. As set forth in Section D, Revenue Proposal, page 23, of Contractor's proposal submitted in response to RFP No. 12 473-14, and as incorporated into Article 4.1 of the Underlying Agreement, Contractor shall be compensated ﬁfteen dollars ($15.00) from the sixty dollars ($60.00) retained by the City from each paid citation, representing twenty-ﬁve percent (25%) of that amount, consistent with the revenue distribution required under Section 316.1896, Florida Statutes. 3 3.2 Contractor shall provide the City with a complete monthly accounting of all violations processed, notices issued, payments received, , Contractor compensation, adjustments, refunds, chargebacks, and amounts remitted to the City. Statutory distributions to the Florida Department of Revenue, the county school district, the school crossing guard program, and any other recipient identified in Section 316.1896(5), Florida Statutes, are the sole responsibility of the City upon receipt of the remitted funds from Contractor." 3.3 Contractor shall not deduct or retain any amount from collections except as expressly authorized by the Contract Documents and applicable law. 3.4 No additional or increased fee shall be effective unless authorized by a written amendment approved by the City in accordance with applicable procurement requirements. 4. TERM AND TERMINATION 4.1 The term of this Agreement shall commence upon issuance of the first payable citation, or such other commencement date permitted under the Underlying Agreement and confirmed in writing by the parties, and shall be subject to the term and renewal provisions of the Underlying Agreement. 4.2 Consistent with Section 3.2 of the Underlying Agreement, the City may terminate this Agreement for convenience upon thirty (30) days' written notice to Contractor. Either party may terminate for cause as provided in the Underlying Agreement. 4.3 Upon termination, Contractor shall be entitled to compensation for services properly performed through the effective date of termination. 4.4 Upon termination, all finished or unfinished documents, data, studies, plans, surveys, reports, and other work product prepared by Contractor for the City shall become the property of the City and shall be delivered to the City in accordance with the Underlying Agreement. 5. SERVICES AND PROGRAM OPERATION Contractor shall perform the services in accordance with Article 2 of the Underlying Agreement, the RFP, Contractor's accepted proposal, and applicable law. The parties acknowledge that the operational requirements contained in Section 2.6 of the Underlying Agreement, including the provisions concerning the allowable operating period and enforceable speed threshold, are incorporated into this Agreement as part of the competitively procured terms. Nothing in this Agreement shall require either party to operate the program in a manner contrary to then-applicable federal, state, or local law. 4 6. OWNERSHIP AND DELIVERY OF RECORDS Consistent with Sections 3.2, 10.1.4, and 12.1 of the Underlying Agreement, reports, surveys, plans, studies, data, and other work product prepared or maintained by Contractor in connection with services performed for the City shall be the property of the City as provided in the Underlying Agreement. Upon completion or termination of this Agreement, Contractor shall transfer to the City, at no additional cost, all public records in Contractor's possession relating to the City's program. Records maintained electronically shall be provided in a format compatible with the City's information technology systems. 7. RECORDS AND AUDIT Consistent with Section 12.2 of the Underlying Agreement, Contractor shall maintain complete and accurate records and accounts relating to services performed under this Agreement, including records necessary to substantiate compensation, expenses, collections, distributions, and remittances associated with the City's program. Such records shall be available at reasonable times for examination and audit by the City and shall be retained for ten (10) years following completion of all work under this Agreement. Incomplete or incorrect entries shall constitute grounds for the City to disallow any fee or expense based upon such entries, consistent with the Underlying Agreement. 8. INDEMNIFICATION AND LIABILITY 8.1 The indemnification obligations contained in Article 6 of the Underlying Agreement are incorporated into this Agreement and shall apply to Contractor's performance of services for the City. For purposes of applying those provisions, references to the "Town" shall mean the City of Dania Beach, Florida, and shall include the City's elected and appointed officials, officers, employees, and agents, as applicable. 8.2 The limitation of liability contained in Section 6.3 of the Underlying Agreement shall apply to this Agreement as part of the competitively procured terms. 8.3 Nothing contained in this Agreement or the Underlying Agreement shall be construed as a waiver of the City's sovereign immunity or the limitations of liability established by Section 768.28, Florida Statutes. Nothing herein shall be construed to create any liability on behalf of the City beyond that provided by applicable law. 9. INSURANCE Contractor shall maintain throughout the term of this Agreement the insurance required by Article 7 and Exhibit "A" of the Underlying Agreement and RFP. 5 For purposes of Contractor's performance of services for the City, references in the applicable insurance requirements to the "Town" shall mean the City of Dania Beach, Florida. Prior to commencing services for the City, Contractor shall provide the City with certificates of insurance and other evidence of coverage required by the Contract Documents. 10. PUBLIC RECORDS 10.1 Contractor shall comply with Article 10 of the Underlying Agreement and all applicable requirements of Chapter 119, Florida Statutes, including Section 119.0701, Florida Statutes, as applicable to services performed for the City. 10.2 For purposes of applying Article 10 of the Underlying Agreement to this Agreement, references to the "Town" shall mean the City of Dania Beach, Florida, and references to the Town's custodian of public records shall mean the City's custodian of public records. 10.3 Upon completion or termination of this Agreement, Contractor shall transfer to the City, at no cost to the City, all public records in Contractor's possession relating to services performed for the City, or otherwise maintain such records as required by applicable law. Records stored electronically shall be provided in a format compatible with the City's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK Elora Riera, MMC, City Clerk City Of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Telephone: 954-924-6800, EXxt. 3623 Email: eriera@daniabeachfl.gov 11. DATA SECURITY AND CONFIDENTIAL INFORMATION Contractor shall safeguard all confidential, exempt, or otherwise protected information received, created, maintained, or accessed in performing services for the City in accordance with the requirements of the Underlying Agreement, RFP, Contractor's accepted proposal, and applicable law. Contractor shall use City information solely as necessary to perform the services contemplated by the Contract Documents and shall not disclose such information except as authorized by the City or required by applicable law. 6 Nothing in this Section shall alter Contractor's obligations concerning records, data, security, confidentiality, or system operation established by the Underlying Agreement, RFP, or Contractor's accepted proposal. 12. COMPLIANCE WITH LAW 12.1 Contractor shall perform all services in accordance with the applicable federal, state, and local laws governing the services contemplated by the Underlying Agreement, including applicable requirements governing school-zone speed detection systems. 12.2 References in the Underlying Agreement to ordinances, administrative procedures, officials, or requirements specific to the Town of Pembroke Park shall, where applicable to performance for the City, be construed to refer to the corresponding ordinances, procedures, officials, or requirements of the City of Dania Beach. 12.3 Nothing in this Agreement shall require either party to take any action contrary to applicable law. To the extent a provision of the Contract Documents becomes unlawful or unenforceable as a result of a change in applicable law, the parties shall comply with applicable law and otherwise preserve the competitively procured terms to the greatest extent legally permissible. 13. EMPLOYMENT ELIGIBILITY VERIFICATION Contractor shall comply with the employment eligibility verification requirements contained in Section 12.13 of the Underlying Agreement and Section 448.095, Florida Statutes, as applicable. For purposes of Contractor's performance under this Agreement, references in those requirements to the "Town" or public employer shall mean the City of Dania Beach, Florida. 14. PUBLIC ENTITY CRIMES AND SCRUTINIZED COMPANIES 14.1 Contractor shall comply with Section 287.133, Florida Statutes, relating to public entity crimes, as applicable. 14.2 Contractor shall comply with Section 287.135, Florida Statutes, and the scrutinized companies requirements contained in Section 3.4 of the Underlying Agreement, as applicable. The City shall have all termination rights available under applicable law with respect to a false certification or prohibited contracting activity. 15. HUMAN TRAFFICKING AFFIDAVIT To the extent required by Section 787.06, Florida Statutes, Contractor shall execute and provide the City with the affidavit required by law prior to execution of this Agreement. 7 16. ASSIGNMENT AND SUBCONTRACTORS 16.1 Consistent with Section 12.3 of the Underlying Agreement, Contractor shall not assign, transfer, or otherwise encumber this Agreement or any interest herein without the City's prior written consent. A change in ownership of Contractor shall constitute an assignment to the extent provided in the Underlying Agreement. 16.2 Consistent with Section 2.5 of the Underlying Agreement, Contractor shall not utilize a subconsultant in performing services for the City without the City's prior written approval. 16.3 Contractor shall remain responsible for the performance of all services and obligations required under the Contract Documents notwithstanding the City's approval of any subcontractor or subconsultant. 17. GOVERNING LAW AND VENUE Consistent with Article 9 of the Underlying Agreement, this Agreement shall be governed by the laws of the State of Florida. Venue for any action arising out of or relating to this Agreement shall lie in Broward County, Florida. 18. NOTICES All notices required under this Agreement shall be in writing and delivered in the manner required by Section 12.5 of the Underlying Agreement. Notices to the City shall be addressed to: City Manager City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 with a copy to: City Attorney City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Notices to Contractor shall be addressed as provided in Section 12.5 of the Underlying Agreement, unless Contractor designates a different address by written notice in accordance with that Section. 8 19. NO MATERIAL MODIFICATION OF UNDERLYING PROCUREMENT 19.1 The parties acknowledge that this Agreement is entered into pursuant to the City's authority to utilize a contract competitively procured by another governmental entity. 19.2 Nothing in this Agreement is intended to materially alter the scope of services, pricing methodology, specifications, or other substantive terms competitively procured under Town of Pembroke Park RFP No. 12 473-14 and the resulting Underlying Agreement. 19.3 Except for provisions necessary to identify the City as the contracting governmental entity, address City-specific administrative requirements, or comply with applicable law, the substantive terms and conditions of the Underlying Agreement shall apply to Contractor's performance for the City. 19.4 In the event of a conflict between this Agreement and the Underlying Agreement that would result in a material alteration of the competitively procured scope, pricing, or other substantive terms, the applicable provision of the Underlying Agreement shall control, except to the extent modification is required by applicable law. 20. RELATIONSHIP TO TOWN OF PEMBROKE PARK The Town of Pembroke Park is not a party to this Agreement and shall have no responsibility or liability to the City or Contractor arising from Contractor's performance of services for the City. Contractor acknowledges and agrees that its obligations to the City are independent of any obligations owed to the Town of Pembroke Park. 21. ENTIRE AGREEMENT; INCORPORATION This Agreement, together with the Contract Documents identified in Section 1, constitutes the entire agreement between the City and Contractor concerning the services to be provided hereunder. Except as expressly provided herein, the applicable terms and conditions of the Underlying Agreement, RFP, and Contractor's accepted proposal are incorporated into and shall govern this Agreement. No representation, statement, or agreement not contained in the Contract Documents shall be binding upon either party. 22. AMENDMENTS No amendment or modification of this Agreement shall be effective unless reduced to writing and executed by duly authorized representatives of the City and Contractor. No amendment shall materially alter the competitively procured scope, pricing, specifications, or other substantive terms in a manner inconsistent with applicable procurement requirements. 9 23. AUTHORITY TO EXECUTE Each person executing this Agreement represents and warrants that he or she has full authority to execute this Agreement on behalf of the party for whom he or she is signing and to bind that party to its terms. 24. SEVERABILITY If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect to the greatest extent permitted by law. 25. COUNTERPARTS AND ELECTRONIC SIGNATURES This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Electronic signatures and electronic delivery shall have the same force and effect as original signatures to the extent permitted by applicable law. 26. EFFECTIVE DATE This Agreement shall become effective upon execution by both parties and approval in accordance with the City's applicable requirements. SIGNATURES ON THE FOLLOWING PAGES 10 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO LEGAL FORM AND CORRECTNESS EVE A. BOUTSIS, CITY ATTORNEY CANDIDO SOSA-CRUZ, ICMA-CM CITY MANAGER 11 CONTRACTOR: WITNESSES: Blue Line Solutions LLC, a Tennessee limited liability company authorized to conduct business in Florida SIGNATURE SIGNATURE PRINT Name PRINT Name SIGNATURE Title PRINT Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on , 2026, by _______________ (name), _______________________ (title), of Blue Line Solutions LLC, a Tennessee limited liability company authorized to conduct business in Florida, who is personally known to me or has produced as identification. NOTARY PUBLIC My Commission Expires: State of City of Dania Beach Community Development Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Candido Sosa-Cruz, ICMA-CM, City Manager VIA: Eleanor Norena, CFM, Deputy City Manager Corinne Lajoie, MURP, AICP, Director Shanesa Miranda, Deputy Director Claudia Viviana Batista, Planning and Zoning Manager Jessica Mackey, E. I., Planner SUBJECT: TX-028-26: The applicant, the City of Dania Beach, is requesting a text amendment to the City’s Code of Ordinances (First Reading). Request: To amend Section 30-4, entitled “Duty and Powers” to authorize the Public Services Director to delegate responsibility for tree planting and maintenance and amend Article III. Street Division at Section 30-9, entitled “Established” to clarify that the Street Division is responsible for supervising and maintaining all public trees. Background: The City is planning to apply for Tree City USA recognition once again this year. The City of Dania Beach received its first recognition in 1990 when the program started and held the status for several years after. If approved, the designation would restore the City’s previous Tree City USA status and mark its fourteen years of recognition. The Tree City USA recognition program includes four standards related to public tree care, including a tree care ordinance, annual expenditures for community tree care activities, and an Arbor Day observance. The tree care ordinance standard requires a tree department or position with legal authority and responsibility for public tree care decisions, among other requirements. The purpose of Tree City’s USA’s requirement for a tree department is to designate authority and responsibility over public tree care decisions and help community officials and leaders determine who is responsible for public tree work. The Public Services department is responsible for tree maintenance within the City. After reviewing the Arbor Day Foundation Ordinance Assistance Tool and the code, staff determined that two text amendments are necessary to address “Authority and Credentials” ordinance requirements to demonstrate the City has met this standard. The following text amendments are proposed and included in the text amend: 1. Duty and Powers. Establishes that the Public Services Department is responsible for overseeing City trees and that the Director may designate staff to oversee tree planning, maintenance and removal. 2. Established Reinforces the Duty and Powers text amendment by establishing that the Street Division within the Public Services department is responsible for the supervision of and maintenance of public trees. Based on the Arbor Day Foundation Ordinance Assistance Tool, the City’s existing code satisfies all other requirements relating to public tree care, tree preservation, tree protection during construction, mitigation, tree planting standards, tree management and enforcement. This application requires two (2) public hearings by the City Commission. Staff Analysis The Tree City USA program, administered by the Arbor Day Foundation, provides communities with a framework for planting, managing, and caring for public trees. Achieving this designation will allow the City to demonstrate its ongoing commitment to environmental stewardship and to enhancing the wellbeing of residents and neighborhoods. Trees contribute to public health, strengthen community identity, and deliver both economic and environmental benefits. Furthermore, the designation would reinforce the following Comprehensive Plan objectives and policies: • Housing and Neighborhood Element o Policy 2.3.1.7: Recognize that every neighborhood has assets, such as trees, large yards, schools, people, independent, businesses, etc., that contribute to neighborhood, identity and the well-being of the people who live, there. Identify those assets, look for opportunities to, enhance them, and leverage them for neighborhood, improvement. • Conservation Element o Objective 6.1.1: Maintain or improve current air quality within the City. o Policy 6.1.4.1: Protect and enhance unique vegetative communities through site design. o Objective 6.1.1: Protect and enhancement unique vegetative communities through site design o Policy 6.1.4.12: Encourage the use of native rather than exotic plants in landscaping. o Policy 6.1.4.14: The City shall promote species diversity, the planting of native landscapes, and sustainable urban forest landscape practices to protect the health and resiliency of our natural resources from the impacts of climate change To qualify, communities must maintain a designated tree department, adopt a tree care ordinance, invest at least $2.00 per capita annually in tree maintenance, and hold an Arbor Day observance. While the City already meets these requirements, its ordinance must clearly identify the specific person, department, board, or committee responsible for managing public trees. The proposed text amendments would: • Add tree inspection responsibilities to the duties and powers of the Public Services Director. • Authorize the Public Services Director to designate staff to oversee tree planting, maintenance, and removal. • Clarify that the Street Division within the Public Services Department supervises public trees, including their maintenance. Although these responsibilities are already carried out in practice, formally codifying them is necessary to meet Tree City USA’s standard requiring an established authority over public trees. Adoption of the proposed text amendments will align the City’s ordinance with Tree City USA requirements and make the City eligible for the Tree City USA recognition. Budgetary Impact Public Services is already responsible for tree maintenance in the City and no budgetary impacts will result from the proposed changes. Recommendation The Community Development Department is recommending the City Commission to approve the ordinance on first reading. ORDINANCE NO. 2026-_____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 30, ENTITLED “DEPARTMENT OF PUBLIC SERVICES”, ARTICLE I, ENTITLED “PUBLIC SERVICES”, AT SECTION 30‑4, ENTITLED “DUTIES AND POWERS”, TO AUTHORIZE THE DIRECTOR TO DELEGATE TREE PLANTING AND MAINTENANCE; AND AMENDING ARTICLE III, “STREET DIVISION”, AT SECTION 30‑9, ENTITLED “ESTABLISHED”, IN ORDER TO CLARIFY THAT THE STREET DIVISION IS TO SUPERVISE AND MAINTAIN ALL PUBLIC TREES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, periodically the City of Dania Beach Community Development Department undertakes clean-up of the City’s Code; and WHEREAS, the Department believes it is in the best interest of the City to continue to provide clarity and to correct scrivener’s errors and other minor modifications to the Code; and WHEREAS, the ordinance ensures that the City continues to improve the Code and to clarify the duties and powers of the Public Services Director and WHEREAS, the Administration supports adoption of the ordinance; WHEREAS, the City Commission finds that the approval of the proposed amendment to the Code will protect the public health, safety, and welfare of the residents of the City, and further the purpose, goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission finds and determines that updating the City's Code of Ordinances is in the best interest of the residents of Dania Beach. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Chapter 30 entitled “Department of Public Services”, is modified to read as follows: * * * 2 ORDINANCE #2026-_____ Chapter 30 * * * The director of public services shall serve under the direction of the city manager and assist in carrying out the policies and programs of the city commission. He or she shall coordinate the work and activities of the various divisions. He or she shall keep an inventory of all of the machinery, automotive equipment, and personal property of all departments of the City of Dania Beach, arranged according to department and division, and shall make recommendations for repair and replacement to the city manager from time to time. He or she shall make periodical inspections of streets, city trees, docks, wharves, public buildings, public works, public machinery and all public property, and make reports to the city manager. The Director He or she shall perform such other duties as may be delegated to him or her. Further, the Director may designate or delegate to staff to oversee tree planting, maintenance, and removal. * * * * * * The street division is established, with supervision over city streets, and public ways of the city and public trees, including their maintenance. Such employees as may be necessary may be employed from time to time. * * * Section 2. If any section, clause, sentence, or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or part of ordinances in conflict with the provisions of the Ordinance are repealed. 3 ORDINANCE #2026-_____ Section 4. It is the intention of the Mayor and City Commission of the City of Dania Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Dania Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word “ordinance” may be changed to “section,” “article,” or other appropriate word. Section 5. That this ordinance be codified in the City’s code of ordinances, Land Development Code by Municode. Section 6. That this Ordinance shall be effective 10 days after passage on second reading. PASSED on first reading on __________________, 2026. PASSED AND ADOPTED on second reading on ____________________ 2026. First Reading: Motion by: _____________________________________ Second by: _____________________________________ Second Reading: Motion by: _____________________________________ Second by: _____________________________________ FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ SIGNATURES ON THE FOLLOWING PAGE 4 ORDINANCE #2026-_____ ATTEST: September 14, 2026 Mayor and City Commission Eve A. Boutsis, City Attorney Commissioner Lori Lewellen : Update and Amend Board Member requirements To approve an amendment to the requirements for all City Board members. State law precludes elected officials from serving if they have a felony conviction (federal or state) and their rights have not been restored. Fla. Constitution Article VI, section 4(a)(requiring reinstatement of civil rights), and F.S. s. 112.501 (municipal board member removal from office for felony conviction). These rules also apply to certain boards (Housing Authority). The proposed ordinance ensures best practices in all its policies. It ensures transparency and that all advisory board members not have felony criminal records or convictions for crimes of moral turpitude. The City seeks to update its Code to include the above policy for all board members. The amendment provides: All board members of any advisory board, including but not limited to the Art in Public Places Board, Planning & Zoning Board, etc., shall demonstrate a record of integrity, and must not have a record of a conviction or a nolle prose decision for crime(s) of moral turpitude or felony(ies), within 10 years of appointment to a board. Each applicant shall execute an affidavit, sworn under oath, affirming that he or she has not been convicted of a crime of moral turpitude or a felony in CITY OF DANIA BEACH CITY ATTORNEY’S OFFICE MEMORANDUM the past ten years. If conflicted of a felony or crime of moral turpitude during an advisory board member’s tenure, the board member shall notify the City Clerk and shall resign from office. Failure to comply with this provision and the City learns of a conviction or nolle prose for a felony or crime of moral turpitude shall result in the immediate notification of the board member of the termination of his/her tenure on the advisory board. Recommendation Budgetary Impact Florida Constitution provides that "[n]o person convicted of a felony, or adjudicated in this or any other state to be mentally incompetent, shall be qualified to vote or hold office until restoration of civil rights or removal of disability." Municipal board members; suspension; removal.— (1) For the purposes of this section, the term “municipal board member” is defined as any person who is appointed or confirmed by the governing body of a municipality to be a member of a board, commission, authority, or council which is created or authorized by general law, special act, or municipal charter. (2) By resolution specifying facts sufficient to advise a municipal board member as to the basis for his or her suspension or removal and after reasonable notice to the municipal board member and an opportunity for the member to be heard, a governing body of the municipality may: (a) Suspend or remove from office any municipal board member for malfeasance, misfeasance, neglect of duty, habitual drunkenness, incompetence, or permanent inability to perform his or her official duties. (b) Suspend from office any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of office or who is indicted or informed against for the commission of any federal felony or misdemeanor or state felony or misdemeanor. (3) In addition to the authority granted under subsection (2), the governing body of a municipality may remove from office any municipal board member who is convicted of a federal felony or misdemeanor or state felony or misdemeanor. For the purposes of this subsection, any person who pleads guilty or nolo contendere or who is found guilty shall be deemed to have been convicted, notwithstanding a suspension of sentence or a withholding of adjudication. (4) A suspended municipal board member may, at any time before his or her removal, be reinstated by the governing body of the municipality in its discretion. (5) The suspension of a municipal board member by the governing body of a municipality creates a temporary vacancy in such office during the suspension. Any temporary vacancy in office created by the suspension of a municipal board member under the provisions of this section shall be filled by a temporary appointment to such office for the period of the suspension, not to extend beyond the term of the suspended municipal board member. Such temporary appointment shall be made in the same manner and by the same authority as provided by law for the filling of a permanent vacancy in such office. If no provision for filling a permanent vacancy in such office is provided by law, special act, or municipal charter, the temporary appointment shall be made by the governing body of the municipality. (6) No municipal board member who has been suspended from office under this section may perform any official act, duty, or function during his or her suspension; receive any pay or allowance during his or her suspension; or be entitled to any of the emoluments or privileges of his or her office during suspension. (7) If the municipal board member is acquitted or found not guilty or is otherwise cleared of the charges which were the basis of the arrest, indictment, or information by reason of which he or she was suspended under the provisions of this section, the governing body of the municipality shall forthwith revoke the suspension and restore such municipal board member to office; and the member shall be entitled to and be paid full back pay and other emoluments or allowances to which he or she would have been entitled for the full period of time of the suspension. If, during the suspension, the term of office of the municipal board member expires and a successor is either appointed or confirmed, such back pay, emoluments, or allowances shall only be paid for the duration of the term of office during which the municipal board member was suspended under the provisions of this section, and he or she shall not be reinstated. This section applies in the absence of a charter provision. ORDINANCE NO. 2026- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 2, “ADMINISTRATION”, ARTICLE 1, “IN GENERAL”, TO CREATE SECTION 2‑18, ENTITLED “MINIMUM QUALIFICATIONS OF BOARD MEMBERS”; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Florida law precludes elected officials from serving if they have a felony conviction (federal or state) and their rights have not been restored. Fla. Constitution Article VI, section 4(a)(requiring reinstatement of civil rights), and F.S. s. 112.501 (municipal board member removal from office for felony conviction); and the City of Dania Beach is seeking to ensure best practices in all its policies for its boards; and WHEREAS, to ensure transparency, the City shall require that all advisory board members not have felony criminal records or convictions for crimes of moral turpitude; and WHEREAS, the City seeks to update its Code to include the above policy; That Chapter 2 entitled “Administration”, at Article 1, entitled “In General” creating Section 2-18, entitled “Minimum qualifications of board members”, of the City Code of Ordinances, is modified to read as follows: * * * * * * * * * All board members of any advisory board, including but not limited to the Public Art Board, Planning & Zoning Board, etc., shall demonstrate a record of integrity, and must not have a record of a conviction or a nolle prose decision for crime(s) of moral turpitude or felony(ies), within 10 years of appointment to a board. Each applicant shall execute an affidavit, sworn under oath, affirming that he or she has not been convicted of a crime of moral turpitude or a felony in 2 ORDINANCE #2026-_____ the past ten years. An applicant will file the affidavit at the time of application, prior to appointment. If convicted of a felony or crime of moral turpitude during an advisory board member’s tenure, the board member shall notify the City Clerk and shall resign from office. Failure to comply with this provision and the City learns of a conviction or nolle prose for a felony or crime of moral turpitude shall result in the immediate notification of the board member of the termination of his/her tenure on the advisory board. Section 2. If any section, clause, sentence, or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or part of ordinances in conflict with the provisions of the Ordinance are repealed. Section 4. That it is the intention of the Mayor and City Commission of the City of Dania Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Dania Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word “ordinance” may be changed to “section,” “article,” or other appropriate word. Section 5. That this ordinance be codified in the City’s code of ordinances, Land Development Code by Municode. Section 6. That this Ordinance shall be effective 10 days after passage on second reading. PASSED on first reading on __________________, 2026. PASSED AND ADOPTED on second reading on ___________________ 2026. 3 ORDINANCE #2026-_____ 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: 9/14/2026 TO: Mayor and Commissioners FROM: Candido Sosa-Cruz, ICMA-CM, City Manager VIA: Oscar Vasquez, Public Services Director Carlos Escalante, Public Services Deputy Director SUBJECT: SECOND READING OF ORDINANCE AUTHORIZING AN EXPENDITURE EXCEEDING ONE MILLION DOLLARS TO FUND THE NW 1ST STREET COMPLETE STREETS AND PEDESTRIAN CONNECTIVITY PROJECT (LAP) Request: The Public Services Department is requesting City Commission approval on Second Reading of an ordinance authorizing the expenditure of City funds exceeding one million dollars for the NW 1st Street Complete Streets and Pedestrian Connectivity Project (LAP). Background: The NW 1st Street Complete Streets and Pedestrian Connectivity Project is a major roadway and infrastructure improvement project extending approximately 4,000 linear feet (about three- fourths of a mile) along NW 1st Street from Bryan Road to US-1. The project is being delivered by the City of Dania Beach through the Florida Department of Transportation (FDOT) Local Agency Program (LAP). The project is intended to improve roadway conditions, pedestrian accessibility, drainage, and overall safety throughout the corridor. The construction scope includes roadway resurfacing, ADA-compliant sidewalks and curb ramps, curb and gutter improvements, drainage infrastructure, pavement markings, signing, landscaping, utility coordination, and associated improvements. The project combines federally participating transportation improvements with City-funded drainage and other non-participating improvements. Performing these improvements under a coordinated construction project will reduce the need for future roadway disturbance, improve construction efficiency, and provide a more comprehensive infrastructure improvement for the corridor. FDOT issued authorization for the City to proceed with construction procurement in accordance with LAP requirements. The project was subsequently advertised for competitive bids. During the City's review of the original bids, it was identified that the Bid Form included in the solicitation contained 41 bid items rather than the 42 items contained in the Engineer's Cost Estimate. The omitted item was Item No. 42, Utility Pipe Removal and Disposal. Following coordination with the Engineer of Record, Kimley-Horn and Associates, the discrepancy was confirmed and the City determined that re-bidding the construction contract was the appropriate course of action to maintain a fair and consistent competitive procurement process. The Engineer of Record has subsequently revised the Bid Form to include all 42 bid items and has updated the Engineer's Cost Estimate and associated procurement documents for the re-bid. The revised Bid Form now includes Item No. 42 for removal and disposal of approximately 2,115 linear feet of utility pipe. The City is coordinating the revised procurement package with FDOT and Procurement prior to advertisement. The construction re-bid will remain open for approximately 30 days following advertisement. Separately, the City has conducted a qualifications-based selection process for Construction Engineering and Inspection (CEI) services. CEI services are required to provide construction administration, inspection, documentation, quality assurance, and compliance oversight throughout construction in accordance with applicable FDOT LAP requirements. Project Schedule The construction contract provides 180 calendar days from Notice to Proceed to achieve Substantial Completion and 210 calendar days to achieve Final Completion. The construction re-bid schedule is dependent upon completion of FDOT's review of the revised procurement documents and the actual re-advertisement date. FDOT has advised the City that it may continue through the procurement process and that the previously identified September construction-contract milestone does not require a separate extension at this time. Following receipt of the re-bids, the City will evaluate the bids, obtain the required FDOT concurrence, complete Procurement and Legal review, and present the recommended construction contract award to the City Commission as a separate agenda item. Project Benefits The project will provide significant infrastructure and quality-of-life benefits to Dania Beach residents and businesses along the NW 1st Street corridor. The improvements will provide safer and more accessible pedestrian facilities through new and reconstructed sidewalks, ADA improvements, curb ramps, pavement markings, and other Complete Streets elements. Roadway resurfacing will improve pavement conditions and ride quality, while drainage improvements are intended to address existing stormwater conditions and improve the long-term resiliency of the corridor. Completing the roadway, pedestrian, drainage, and associated infrastructure improvements as one coordinated project will also reduce the likelihood of subsequently disturbing newly constructed roadway improvements to perform separate drainage work. Budgetary Impact The total project funding identified for the project is $4,376,868.00, which includes construction, Construction Engineering and Inspection (CEI) services, and other related project costs. Funding for the project will be appropriated from: · $2,641,937.00 from the Florida Department of Transportation (FDOT) Local Agency Program (LAP) under Financial Project Number (FPN) 443949-1-58/68-01; · $200,000.00 from the General Account, which will be reimbursed through LAP grant proceeds; and · $2,000,000.00 allocated from the Stormwater Fund. Total projected cost including 10% contingency is $4,841,937.00. The identified funding sources will support the project’s construction and associated project costs in accordance with the applicable grant and funding requirements. Recommendation The Public Services Department recommends that the City Commission approve the Second Reading of the ordinance authorizing the expenditure of City funds exceeding one million dollars to fund the NW 1st Street Complete Streets and Pedestrian Connectivity Project (LAP). 1 ORDINANCE #2026-_____ ORDINANCE NO. 2026-_____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF CITY FUNDS EXCEEDING ONE MILLION DOLLARS ($1,000,000.00), TO FUND THE NW 1ST STREET COMPLETE STREETS AND PEDESTRIAN CONNECTIVITY PROJECT (LAP); PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 2, “Certain Expenditures” of Article 3, “Powers of the City”, of the City Code of Ordinances, the City Commission must, by ordinance, approve any expenditures of City funds that exceed One Million Dollars ($1,000,000.00) after two (2) advertised public hearings of the ordinance; and WHEREAS, the total project cost for the NW 1st Street Complete Streets and Pedestrian Connectivity Project (LAP), is $4,376,868.00, including construction, construction engineering and inspection (CEI), contingency, and all related project costs, which exceeds the $1,000,000.00 expenditure threshold; and WHEREAS, funding for this project will be appropriated from Stormwater Account No. 403-38-36-538-63-10, funded through a combination of Florida Department of Transportation (FDOT) Local Agency Program (LAP) funds and City funds, and supplemented by City funds as necessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “WHEREAS” clauses are ratified and confirmed as being true and correct, and they are made a part of and incorporated into this Ordinance by this reference. Section 2. That the proper City officials are authorized to expend more One Million Dollars ($1,000,000.00) in funding the Project. Section 3. That funding for this Project shall be appropriated from Stormwater Account No. 403-38-36-538-63-10, as determined by the City’s Finance Department. Section 4.That all ordinances or part of ordinances in conflict with the provisions of the Ordinance are repealed. Section 5. That this Ordinance shall be effective immediately after passage on second reading. 2 ORDINANCE #2026-_____ PASSED on first reading on August 25, 2026. PASSED AND ADOPTED on second reading on , 2026. First Reading: Motion by: Commissioner Ryan. Second by: Commissioner Rimoli. Second Reading: Motion by: Second by: FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen Commissioner Luis Rimoli Commissioner Archibald J. Ryan IV Vice Mayor Marco Salvino Mayor Joyce L. Davis APPROVED AS TO FORM AND CORRECTNESS: ATTEST: ELORA RIERA, MMC CITY CLERK JOYCE L. DAVIS MAYOR EVE A. BOUTSIS CITY ATTORNEY City of Dania Beach Business Impact Estimate Meeting Date August 25, 2026 Location City Commission Chamber Time 7:00 pm Address 100 W Dania Beach Blvd, Dania Beach, FL This Business Impact Estimate is provided in accordance with Section 166.041(4), Florida Statutes. If one or more boxes can be checked below, a Business Impact Estimate is not required by state law for the Proposed Ordinance. ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ✔ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the city; ☐ The proposed ordinance is an emergency ordinance; ✔ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. If no boxes are checked, please continue. City of Dania Beach Proposed Ordinance Title AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF CITY FUNDS EXCEEDING ONE MILLION DOLLARS ($1,000,000.00), TO FUND THE NW 1ST STREET COMPLETE STREETS AND PEDESTRIAN CONNECTIVITY PROJECT (LAP); PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City of Dania Beach Business Impact Estimate Business Impact Estimate Meeting Date August 25, 2026 Location City Commission Chamber Time 7:00 pm Address 100 W Dania Beach Blvd, Dania Beach, FL Proposed Ordinance Title AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF CITY FUNDS EXCEEDING ONE MILLION DOLLARS ($1,000,000.00), TO FUND THE NW 1ST STREET COMPLETE STREETS AND PEDESTRIAN CONNECTIVITY PROJECT (LAP); PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Summary of Proposed Ordinance (including public purpose to be served) N/A Estimate of Direct Economic Impact on Private For-Profit Businesses (a) An estimate of direct compliance costs that businesses may reasonably incur; $0 (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and None (c) An estimate of the city’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. City of Dania Beach Business Impact Estimate None Good Faith Estimate of Number of Businesses to be Impacted 0 Additional / Other Information None Oscar Vasquez Department Director/Designee Name Signature City of Dania Beach Parks & Recreation Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Candido Sosa-Cruz, ICMA-CM, City Manager VIA: Cassi Waren, CPRP, Director of Parks and Recreation SUBJECT: Pier Ordinances Amendment Request: To amend Chapter 6 of the City Code of Ordinances, 6-26 entitled “Reserved” to provide for pier regulations including permitted and prohibited use of the pier. (Second Reading) Background: The Parks and Recreation Department performed a review of the Chapter 6, entitled “Beaches, Parks, Waterways, and Recreation” and determined that it must be updated to define permitted and prohibited activities at the Dania Beach Pier. As part of the review, the Department researched other municipal piers in the area and consulted with surrounding agencies in terms of regulations and enforcement practices. The proposed pier regulations will clearly define permitted and prohibited uses of the pier and will allow for the enforcement of City ordinances. The amendments are in the best interest of the health, safety and welfare of the residents and visitors of the City. The proposed ordinances have been reviewed by Parks and Recreation Administration, Beach Rangers, Ocean Rescue, Code Compliance, Broward Sheriff’s Office and City Attorney’s Office to ensure alignment. The First Reading was approved at the August 25, 2026, City Commission Meeting. Budgetary Impact No fiscal impact. Recommendation To amend Chapter 6 of the City Code of Ordinances, 6-26 entitled “Reserved” to provide for pier regulations including permitted and prohibited use of the pier. (Second Reading) ORDINANCE NO. 2026- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 6, OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED “IN GENERAL” TO AMEND SECTION 6-26 ENTITLED “RESERVED” TO PROVIDE FOR PIER REGULATIONS INCLUDING PERMITTED AND PROHIBITED USE OF THE PIER; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach adopted Chapter 6, entitled “Beaches, Parks, Waterways, and Recreation;” and WHEREAS, the City created Article I, entitled “In General” provides regulations of City Parks, Waterways, Recreation Areas and Beach; and WHEREAS, the City, at Section 6-26, which was “Reserved” is being amended to provide rules and regulations relating to the use of the Dania Beach Pier”’; and WHEREAS, the amendments are in the best interest of the health, safety and welfare of the residents and visitors of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Chapter 6, entitled “Beaches, Parks, Waterways, Recreation and Waterways”, at Article I, entitled “In General” at Section 6-26 is amended as follows: CHAPTER 6 BEACHES, PARKS, WATERWAYS, RECREATION AND PARKING ARTICLE I. – IN GENERAL * * * Sec. 6-26 Dania Beach Pier Regulations. Reserved. (a) General Provisions. The Dania Beach Pier is managed by the Parks and Recreation Department and is a recreational facility of the City of Dania Beach. Any uses outside of that of a recreational capacity must be pre-approved by the Parks and Recreation Director or Designee. (b) Fees. Fees shall be imposed for the use of the fishing pier facility. No fee shall be made for activities conducted under the direct supervision of the Parks and Recreation Department. The 2 ORDINANCE #2026-_____ fees for pier and fishing uses shall be as adopted by resolution by the City Commission, which resolution may be amended from time to time. Prohibited acts at the pier. It shall be unlawful for any person to do any of the prohibited acts set out in this section 6-26 upon the Dania Beach Pier. 3 ORDINANCE #2026-_____ (5) A person subject to a suspension exceeding thirty (30) days may appeal the suspension by submitting a written appeal to the City Manager within ten (10) business days after issuance of the suspension notice. The filing of an appeal shall not stay the suspension unless otherwise directed by the City Manager. (6) The City Manager shall issue a written decision affirming, modifying, or reversing the suspension within thirty (30) days after receipt of the appeal. The decision of the City Manager shall constitute final administrative action of the City. (7) Nothing contained herein shall limit the authority of law enforcement officers to enforce applicable laws, issue trespass warnings, make arrests, or take any other action authorized by law. (d) Visitor and Fishing Rules for the Pier – prohibited actions. The following acts, activities and or equipment are prohibited at the pier: (1) Commercial fishing, or the buying or selling of fish caught from the pier or in any park waters, is prohibited. A violation of this subsection may result in enforcement action, including suspension of pier privileges, in accordance with subsection (c). (2) Fishing in a manner that is careless so as to cause injury to any other person upon the pier or upon the beach. (3) Bringing or utilizing more than four poles onto the pier. Three poles may be used for fishing and the fourth pole may be used to catch bait. (4) Utilizing reels over 4/0, trolley rigs, treble hooks, handlines, yoyos, snatch hooks, fish traps, harpoons, spearguns, electrical fishing devices and/or kite fishing equipment. (5) The use of live fishing bait wells larger than 10 gallons in capacity. There is a limit of one (1) live fishing bait well, per party, and the well may not exceed 10 gallons. The well may not be substituted with a second or additional wells, per visit to the pier. (6) Utilizing cast nets, hoop nets or framed nets to catch bait. Nets may be used only to land fish. No net larger than 36 inches is authorized for use on the pier. (7) Purposely fishing for sharks. If a shark is accidentally hooked and caught the line must be cut, immediately, without landing the shark. The use of additional tools, including but not limited to, gaffs, additional fishing poles, ropes, throw/drop gaffs, to land a shark is specifically prohibited. (8) Balloon fishing is prohibited. Balloon fishing means the use of a balloon to serve as a large float, suspending either live or dead bait at the desired depth under the surface of water, within the water column, or off the bottom of the water area. 4 ORDINANCE #2026-_____ 5 ORDINANCE #2026-_____ Rules for the Pier: Any person who has been directed to leave the pier by a law enforcement officer, lifeguard, the Director of Parks and Recreation, or other authorized City personnel due to a violation of this section, posted pier rules, unsafe conditions, emergency circumstances, or conduct interfering with the safe and orderly operation of the pier shall immediately leave the pier. Failure to comply with such directive shall constitute a violation of this section and may result in removal from the pier and enforcement action pursuant to subsection (c). 6 ORDINANCE #2026-_____ 7 ORDINANCE #2026-_____ Secs. 6-26 6-27—6-29. - Reserved That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. That if any section, clause, sentence, or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. That all ordinances or part of ordinances in conflict with the provisions of the Ordinance are repealed. That this ordinance shall take effect 10 days after passage on second reading. on first reading on August 25, 2026. on second reading on ____________________ 2026. First Reading: Motion by: Commissioner Rimoli. Second by: Commissioner Lewellen. Second Reading: Motion by: _____________________________________ Second by: _____________________________________ SIGNATURES ON THE FOLLOWING PAGE 8 ORDINANCE #2026-_____ 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 Business Impact Estimate Location City Commission Chamber Meeting Date 09/14/2026 Time 7:00pm Address 100 W Dania Beach Blvd, Dania Beach, FL This Business Impact Estimate is provided in accordance with Section 166.041(4), Florida Statutes. If one or more boxes can be checked below, a Business Impact Estimate is not required by state law for the Proposed Ordinance. Please note: 10/1/2024 amendment of 166.041 (4), requires BIE for any ordinance aﬀecting Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning that are initiated by local government. The proposed ordinance is required for compliance with Federal or State law or regulation; ☐The proposed ordinance relates to the issuance or reﬁnancing of debt; ☐The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other ﬁnancial assistance accepted by the city;☐The proposed ordinance is an emergency ordinance;☐The ordinance relates to procurement; or☐The proposed ordinance is enacted to implement the following: a.Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b.Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c.Section 553.73, Florida Statutes, relating to the Florida Building Code; or d.Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. If no boxes are checked, please continue. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 6, OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED “IN GENERAL” TO AMEND SECTION 6-26 ENTITLED “RESERVED” TO PROVIDE FOR PIER REGULATIONS INCLUDING PERMITTED AND PROHIBITED USE OF THE PIER; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN City of Dania Beach Business Impact Estimate City Commission Chamber Meeting Date 09/14/2026 Time 7:00pm Address 100 W Dania Beach Blvd, Dania Beach, FL Proposed Ordinance Title AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 6, OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED “IN GENERAL” TO AMEND SECTION 6-26 ENTITLED “RESERVED” TO PROVIDE FOR PIER REGULATIONS INCLUDING PERMITTED AND PROHIBITED USE OF THE PIER; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Summary of Proposed Ordinance (including public purpose to be served) To update and expand the City’s rules and regulations relating to use of the City pier. Estimate of Direct Economic Impact on Private For-Proﬁt Businesses (a)An estimate of direct compliance costs that businesses may reasonably incur; N/A (b)Any new charge or fee imposed by the proposed ordinance or for which businesses will be ﬁnancially responsible; and N/A (c) fees to cover such costs. N/A Good Faith Estimate of Number of Businesses to be Impacted N/A Additional / Other Information N/A Cassi Waren, CPRP, Director of Parks and Recreation Department Director/Designee Name Signature City of Dania Beach Finance Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Candido Sosa-Cruz, ICMA-CM, City Manager VIA: Yeimy Guzman, CPA, Chief Financial Officer SUBJECT: Approval of Electronic Payment Processing Surcharge Ordinance Request: The City Administration is requesting the adoption of the proposed ordinance establishing Electronic Payment Processing Surcharges to ensure the City can responsibly manage the growing costs associated with electronic payment processing. Background: Electronic payments have become the preferred method for many residents, businesses, and visitors, offering faster processing, improved customer service, reduced manual handling, enhanced tracking and reporting capabilities, and greater operational efficiency for municipal departments. These modern payment tools reduce errors, streamline reconciliation, support digital record-keeping, and allow departments to operate more efficiently with fewer administrative delays. As the City continues to expand and improve these convenient electronic payment options, it necessarily incurs processing fees for each electronic transaction. In recent years, credit card and other electronic payment processing fees have increased significantly due to changes in card network fee structures, higher transaction volumes, and evolving payment platform requirements. These rising fees represent real, per-transaction costs charged by financial institutions, payment processors, and card networks, costs that cannot be waived or absorbed without creating long-term financial strain. Recovering these costs through the Electronic Payment Processing Surcharge Ordinance is essential to maintaining responsible fiscal management while continuing to offer modern, secure, and efficient payment options for the public. Additionally, Section 215.322(5), Florida Statutes, requires local governments to accept electronic payments and authorizes municipalities to assess a surcharge sufficient to cover the actual service fees imposed by financial institutions, payment processors, and card networks, and the proposed ordinance aligns directly with that statutory framework. The ordinance establishes that the electronic payment convenience surcharge is intended exclusively to recover actual processing expenses rather than generate revenue. It also provides flexibility for the City to apply either transaction-based fees or blended rates, depending on the capabilities of each payment platform. The surcharge will apply to transactions associated with the Building Department, Parks and Recreation, Code Compliance, including business tax licenses, Parking, Marina, and the Pier. The electronic convenience fee will not be assessed on utility bills or public records requests. Utility electronic payment transactions such as water and sewer services, are being evaluated independently as part of the ongoing water and sewer rate study. The assessment of these services is not included within the scope of the current Electronic Payment Processing Surcharge Ordinance. Upon completion of the rate study, recommendations regarding utility payment processing fees will be presented separately to the Commission for further review and approval. This approach ensures that any changes to utility payment surcharges are thoroughly analyzed and aligned with broader rate-setting objectives. By adopting this ordinance, the City ensures that the cost of offering electronic payment options directly supports the continued delivery of secure, efficient, and reliable services across its departments. This approach reinforces sound financial practices by aligning convenience fee recovery with verified processing costs. Budgetary Impact Citywide credit card fees exceeded $430,000 last year. With the adoption of this ordinance, the City is projected to save approximately $300,000 in processing fees. The difference of approximately $130,000 is attributed to utilities credit card processing costs. Recommendation The City Administration recommends approval of the Electronic Payment Processing Surcharge Ordinance. ORDINANCE NO. 2026-_____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 2, ENTITLED “ADMINISTRATION” BY CREATING A NEW SECTION ENTITLED “ELECTRONIC PAYMENT PROCESSING SURCHARGES” TO AUTHORIZE THE CITY TO RECOVER ELECTRONIC PAYMENT PROCESSING COSTS AS AUTHORIZED BY SECTION 215.322(5), FLORIDA STATUTES; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. the acceptance of electronic payments provides a convenient payment option for residents, businesses, and visitors, but results in electronic processing fees that are currently borne by the City; and the City Commission recognizes that convenience fees are intended solely to recover the actual costs associated with processing electronic payment transactions and are not intended to generate additional revenue for the City; and Section 215.322(5), Florida Statutes, expressly authorizes units of local government, including municipalities, to accept electronic payments for financial obligations owing to the local government and to surcharge persons utilizing such payment methods in an amount sufficient to pay the applicable service fee charges; and the City Manager directed staff to evaluate the feasibility of recovering electronic payment processing costs for designated non-utility transactions through the City's authorized third-party payment processors; and staff coordinated with each affected department and its respective payment processor to evaluate implementation requirements, fee schedules, contractual considerations, and implementation timelines; and the City Attorney has reviewed the proposed implementation and advised that the City may authorize the assessment of electronic payment processing surcharges, subject to applicable law, contractual obligations, and payment card network operating rules; and the City Commission finds that authorizing, electronic payment processing surcharges is in the best interest of the City because it allows the recovery of electronic payment processing costs while continuing to provide convenient, secure, and efficient payment options to the public. 2 ORDINANCE #2026-_____ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “WHEREAS” clauses are ratified and confirmed as being true and correct, and they are made a part of and incorporated into this Ordinance by this reference. Section 2. That Chapter 2 entitled the “Administration”; is amended as follows: * * * CHAPTER 2 ADMINISTRATION * * * 2-18 2-19 through 2-25 Reserved. Sec. 2-18. Electronic Payment Processing Surcharges. 2-18 through 2-25 Reserved. (a) Authority and Purpose. Pursuant to Section 215.322(5), Florida Statutes, the City may accept payment by credit card, charge card, bank debit card, electronic funds transfer, and other authorized electronic payment methods for financial obligations owing to the City and may impose an electronic payment processing surcharge in an amount sufficient to pay the applicable service fee charges imposed by the financial institution, payment processor, credit card company, or other authorized electronic payment provider. The surcharge authorized by this section is intended solely to recover electronic payment processing costs and shall not be established or administered for the purpose of generating additional City revenue. A payment processor may refer to such charge as a “convenience fee” or other similar terminology as required by the applicable payment platform or payment-card network rules. (b) Calculation of Surcharge. To the extent supported by the applicable payment platform, the surcharge may reflect the actual processing charge imposed for the transaction, which may consist of a percentage of the transaction amount, a fixed per-transaction charge, or a combination thereof. Where the actual processing charge cannot reasonably be passed through directly because of the configuration or functionality of the applicable payment platform, the City may establish a documented blended rate reasonably calculated to recover the processing costs attributable to the applicable payment platform or payment category. Any blended rate shall be periodically reviewed and adjusted as necessary to ensure that it remains reasonably related to the processing costs the surcharge is intended to recover. (c) Applicable Transactions. The electronic payment processing surcharge may be assessed on financial obligations owing to the City, including, but not limited to, permit fees, Certificates of 3 ORDINANCE #2026-_____ Use, marina services, parks and recreation transactions, cemetery transactions, Business Tax Receipts, parking permits, parking meter transactions, pier-related payments, fines, zoning fees, and other authorized municipal revenues. The surcharge shall not apply to utility payments or public records unless subsequently authorized by the City Commission. (d) Implementation by Resolution. The City Commission shall establish the applicable electronic payment processing surcharge schedule by resolution. The resolution may establish different surcharge amounts or methodologies based upon the applicable payment processor, payment platform, payment category, or processing costs. (e) Administration and Vendor Agreements. The City Manager, or designee, is authorized to administer the electronic payment processing surcharge program and to execute implementation documents and amendments necessary for its administration to the extent such documents are within the City Manager's existing contracting authority. Any agreement or amendment requiring City Commission approval under otherwise applicable City requirements shall be submitted to the City Commission for approval. All such documents remain subject to review and approval by the City Attorney as to form and legal sufficiency. Section 3. That all ordinances or part of ordinances in conflict with the provisions of the Ordinance are repealed. Section 4. It is the intention of the Mayor and City Commission of the City of Dania Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Dania Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 5. That this Ordinance shall be effective immediately after passage on second reading. PASSED on first reading on __________________, 2026. PASSED AND ADOPTED on second reading on ___________________ 2026. 4 ORDINANCE #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 City Attorney Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Eve Boutsis, City Attorney VIA: Candido Sosa-Cruz, ICMA-CM, City Manager SUBJECT: Traffic/Speed Control Cameras in School Zones Request: To approve on second reading an ordinance authorizing the installation of traffic/speed control cameras in school zones. Background: Florida Statutes Section 316.008(9)(A) permits a city to enforce the applicable speed limit on a roadway properly maintained as a school zone pursuant to Florida Statutes Section 316.1895 during specified times through the use of a speed detection system for the detection of speed and capturing of photographs or videos for violations in excess of ten (10) miles per hour over the speed limit in force at the time of the violation. Florida Statutes Section 316.008(9)(B) permits the City to install, or contract with a vendor to place or install, a speed detection system within a roadway maintained as a school zone as provided in Florida Statutes Section 316.1895 to enforce unlawful speed violations, as specified in Florida Statutes Sections 316.1895(10) or 316.183 on that roadway. Florida Statutes Section 316.008(9)(C) requires the City to enact an ordinance to authorize the placement or installation of a speed enforcement system on a roadway maintained as a school zone after a public hearing on such proposed ordinance in which the City considers traffic data or other evidence supporting the installation and operation of each proposed school zone speed detection system, and the City determines that the school zone where a speed detection system is to be placed or installed constitutes a heightened safety risk that warrants additional enforcement measures. Obviously, school zones, with minor children being dropped off, picked up and crossing the street, is an area that constitutes a heightened safety risk in need of additional enforcement. The City, having never before conducted a school zone speed detection program, has to make a public announcement, conducted a public awareness campaign of the proposed use of speed detection systems for at least thirty (30) days before commencing enforcement under the speed detection system. The notice shall include the specific date on which the program will commence. Under the ordinance the City is authorized to enforce the speed limit within a school zone, through the use of a camera speed detection system for speeding violations in excess of ten (10) miles per hour over the speed limit during the following times: (1) Within thirty (30) minutes before through thirty (30) minutes after the start of a regularly scheduled breakfast program; (2) Within thirty (30) minutes before through thirty (30) minutes after the start of a regularly scheduled school session. (3) During the entirety of a regularly scheduled school session; and (4) Within thirty (30) minutes before through thirty (30) minutes after the end of a regularly scheduled school session. During the thirty-day public awareness campaign, only a warning may be issued to the registered owner of a motor vehicle for a violation of Florida Statutes Sections 316.1895 or 316.183 enforced by a speed detection system, and liability may not be imposed for the civil penalty under Florida Statutes Section 318.18(3)(d). The City will be required to prepare an annually report on the violations charged under the program to the Florida Department of Highway Safety and Motor Vehicles. Use funds generated from the school zone speed detection system program to administer the School Crossing Guard Recruitment and Retention Program. The program may provide recruitment and retention stipends to crossing guards at K-12 public schools, including charter schools, or stipends to third parties for the recruitment of new crossing guards. The school crossing guard recruitment and retention program must be designed and managed at the discretion of the law enforcement agency. Penalties assessed shall be paid to the State Department of Revenue weekly. Penalties to be assessed and collected by the city as established in Florida Statutes Section 318.18(3)(d) shall be remitted as follows: (1) Twenty dollars ($20.00) shall be remitted to the Department of Revenue for deposit into the General Revenue Fund; (2) Sixty dollars ($60.00) shall be retained by City and shall be used to administer speed detection systems in school zones and other public safety initiatives; (3) Three dollars ($3.00) shall be remitted to the Department of Revenue for deposit into the Department of Law Enforcement Criminal Justice Standards and Training Trust Fund; (4) Twelve dollars ($12.00) shall be remitted to the county school district in which the violation occurred and must be used for school security initiatives, for student transportation, or to improve the safety of student walking conditions; and (5) Five dollars ($5.00) shall be retained by City for the school crossing guard recruitment and retention program pursuant to Florida Statutes Section 316.1894. A hearing related to the violation shall be conducted under the procedures established in Florida Statutes Section 316.0083(5), by the City’s Special Magistrate, or the City can use another City’s Special Magistrate (piggyback). At the conclusion of the hearing, the local hearing officer shall determine whether a violation occurred and shall uphold or dismiss the violation. The local hearing officer shall issue a final administrative order including the determination and, if the notice of violation is upheld, shall require the petitioner to pay the one-hundred dollars ($100.00) penalty previously assessed, and may also require the petitioner to pay city costs not to exceed two-hundred and fifty dollars and twenty-seven cents ($250.27). A violator must pay a fine of one-hundred dollars ($100.00). Fines collected under this provision shall be distributed as follows: (1) Twenty dollars ($20.00) shall be remitted to the State Department of Revenue for deposit into the General Revenue Fund; (2) Seventy-seven dollars ($77.00) is distributed to the city (of which $12.00 goes to the school board) for any violations occurring in the city for any violations occurring in the incorporated boundaries of the city in which the infraction occurred, to be used as provided in Florida Statutes Section 316.1896(5). (3) Three dollars ($3.00) is remitted to the Department of Revenue for deposit into the Department of Law Enforcement Criminal Justice Standards and Training Trust Fund to be used as provided in Florida Statutes Section 943.25, relating to the source and use of funds in criminal justice trust funds. No points shall be imposed on a driver’s license for a violation of unlawful speed in a school zone when enforced by a traffic infraction enforcement officer through use of a speed detection system as authorized by this Ordinance. In addition, a violation of unlawful speed in a school zone when enforced by a traffic infraction enforcement officer through use of a speed detection system as described above may not be used for purposes of setting motor vehicle insurance rates. Budgetary Impact The Cost of installation and operation of the camera equipment will be processed under a piggyback agreement with another municipality already implementing the speed control camera program. Under the piggyback, the City will split the funds from the tickets issued with the vendor. Residents who fail to adhere to the speed limit may face fines. Recommendation Approve the ordinance on second and final lreading. ORDINANCE NO. 2026-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATED TO POWERS OF LOCAL AUTHORITIES; AMENDING CHAPTER 20 ENTITLED “POLICE”, ARTICLE V, ENTITLED “SPEED DETECTION SYSTEM PLACEMENT AND INSTALLATION; SCHOOL CROSSING GUARD RECRUITMENT AND RETENTION PROGRAM”; CREATING SECTIONS 20-71, ET SEQ., RELATING TO CREATING SPEED DETECTION SYSTEMS IN SCHOOL ZONES; CREATING RULES RELATING TO SPEED DETECTION SYSTEMS; PROVIDING FOR PENALTIES, INCLUDING BUT NOT LIMITED TO DRIVER LICENSE POINTS; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Florida Statutes Section 316.008(9)(A) permits a city or city to enforce the applicable speed limit on a roadway properly maintained as a school zone pursuant to Florida Statutes Section 316.1895 during specified times through the use of a speed detection system for the detection of speed and capturing of photographs or videos for violations in excess of ten (10) miles per hour over the speed limit in force at the time of the violation; and , Florida Statutes Section 316.008(9)(B) permits a city to install, or contract with a vendor to place or install, a speed detection system within a roadway maintained as a school zone as provided in Florida Statutes Section 316.1895 to enforce unlawful speed violations, as specified in Florida Statutes Sections 316.1895(10) or 316.183 on that roadway; and Florida Statutes Section 316.008(9)(C) requires a city to enact an ordinance to authorize the placement or installation of a speed enforcement system on a roadway maintained as a school zone after a public hearing on such proposed ordinance in which the city considers traffic data or other evidence supporting the installation and operation of each proposed school zone speed detection system, and the city determines that the school zone where a speed detection system is to be placed or installed constitutes a heightened safety risk that warrants additional enforcement measures; and the City Commission of the City of Dania Beach has held a public hearing in which it considered traffic data and other evidence and has found that school zones within the city constitute heightened safety risks that warrant additional enforcement measures; and 2 ORDINANCE #2026-_____ WHEREAS, the City, having never before conducted a school zone speed detection program, has made a public announcement, conducted a public awareness campaign of the proposed use of speed detection systems at least thirty (30) days before commencing enforcement under the speed detection system, and has notified the public of the specific date on which the program will commence; and WHEREAS, the City Commission believes that the regulations proposed in this Ordinance promote and enhance the health, safety, and welfare of its citizens. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the preceding “Whereas” clauses are ratified and incorporated as a record of the legislative intent of this Ordinance. Section 2. That Chapter 20, entitled “Police”, at Article V, entitled “Reserved” be amended as follows: CHAPTER 20 POLICE ARTICLE V. - RESERVED. SPEED DETECTION SYSTEM PLACEMENT AND INSTALLATION; SCHOOL CROSSING GUARD RECRUITMENT AND RETENTION PROGRAM Sec. 20-71. Definitions. The following words and phrases, when used in this Ordinance, shall have the meanings inscribed to them in Florida Statutes Sections 316.003, 316.1906, and 316.1895: (1) Local Hearing Officer means the person designated by a city that elects to authorize traffic infraction enforcement officers to issue traffic citations under Florida Statutes Sections 316.0083(1)(A) and 316.1896(1) who is authorized to conduct hearings related to a notice of violation issued pursuant to Florida Statutes Sections 316.0083 or 316.1896. The City may use its currently appointed special magistrate to serve as the local hearing officer. The department may enter into an interlocal agreement to use the local hearing officer of another City. (2) School Speed Zone means a school speed zone established pursuant to and in conformance with Florida Statutes Section 316.1895. 3 ORDINANCE #2026-_____ (3) Speed Detection System means a portable or fixed automated system used to detect a motor vehicle’s speed using radar or lidar and to capture a photograph or video of the rear of a motor vehicle that exceeds the speed limit in force at the time of the violation. (4) Traffic Infraction Enforcement Officer means a person who is employed or appointed, with or without compensation, and satisfies the requirements of Florida Statutes Section 316.640(5), and is vested with authority to enforce violations of Florida Statutes Sections 316.1895 and 316.183 pursuant to Florida Statutes Section 316.1896. 20-72 Powers Of Local Authorities. (a) Pursuant to Florida Statutes Section 316.008(9), the City is authorized to enforce the applicable speed limit on a roadway properly maintained as a school zone, through the use of a speed detection system for the detection of speed and capturing of photographs or videos for speeding violations in excess of ten (10) miles per hour over the speed limit in force at the time of the violation during the following times: (1) Within thirty (30) minutes before through thirty (30) minutes after the start of a regularly scheduled breakfast program; (2) Within thirty (30) minutes before through thirty (30) minutes after the start of a regularly scheduled school session. (3) During the entirety of a regularly scheduled school session; and (4) Within thirty (30) minutes before through thirty (30) minutes after the end of a regularly scheduled school session. (b) A school zone’s compliance with Florida Statutes Section 316.1895, relating to the establishment of school speed zones, creates a rebuttable presumption that the school zone is properly maintained. 20-73 Speed Detection System Placement and Installation; Notice; Annual Report. (a) The City is authorized to install a speed detection system authorized by Florida Statutes Section 316.008(9) in a school zone on a state road when permitted by the State Department of Transportation and in accordance with placement and installation specifications developed by the Department of Transportation. City may place or install a speed detection system in a school zone on a street or highway under the jurisdiction of a city in accordance with placement and installation specifications established by the Department of Transportation. The Department of Transportation may from time to time establish placement and installation requirements to be enforced by the city. (b) In all locations where City places or installs a speed detection system, as authorized by Florida Statutes Section 316.008(9), City shall notify the public that a speed detection system may 4 ORDINANCE #2026-_____ be in use by posting signage indicating photographic or video enforcement of the school zone speed limits. Such signage shall clearly designate the time period during which the school zone speed limits are enforced using a speed detection system and must meet the placement and installation specifications established by the Department of Transportation. For a speed detection system enforcing violations of Florida Statutes Sections 316.1895 or 316.183 on a roadway maintained as a school zone, this paragraph governs the signage notifying the public of the use of a speed detection system. (1) Before City contracts or renews a contract to place or install a speed detection system in a school zone pursuant to Florida Statutes Section 316.008(9), City shall approve the contract or contract renewal at a regular or special meeting of the City Commission. Interested members of the public shall be allowed to comment regarding the report, contract, or contract renewal under the City’s public comment policies or formats. The report, contract, or contract renewal may not be considered as part of a consent agenda. (2) The report required under this paragraph shall include a written summary, which shall be read aloud at the regular or special meeting, and the summary shall contain, for the same time period pertaining to the annual report to the department under Florida Statutes Section 316.1896(16)(a), the number of notices of violation issued, the number that were contested, the number that were upheld, the number that were dismissed, the number that were issued as uniform traffic citations, and the number that were paid and how collected funds were distributed and in what amounts. City must report to the Florida Department of Highway Safety and Motor Vehicles that the City’s annual report was considered in accordance with this paragraph, including the date of the regular or special meeting at which the annual report was considered. (3) The compliance or sufficiency of compliance with this paragraph may not be raised in a proceeding challenging a violation of Florida Statutes Sections 316.1895 or 316.183, enforced by a speed detection system in a school zone. 5 ORDINANCE #2026-_____ Sec. 20-74 School Crossing Guard Recruitment And Retention Program. The law enforcement agency having jurisdiction over the City must use funds generated from the school zone speed detection system program pursuant to Florida Statutes Section 316.1896(5)(e) to administer the School Crossing Guard Recruitment and Retention Program. Such program may provide recruitment and retention stipends to crossing guards at K-12 public schools, including charter schools, or stipends to third parties for the recruitment of new crossing guards. The school crossing guard recruitment and retention program must be designed and managed at the discretion of the law enforcement agency. (a) For purposes of administering this Section, the City may authorize a traffic infraction enforcement officer under Florida Statutes Section 316.640 to issue uniform traffic citations for violations of Florida Statutes Sections 316.1895 and 316.183, as authorized by Florida Statutes Sections 316.008(9), as follows: For a violation of Florida Statutes Section 316.1895 in excess of ten (10) miles per hour over the school zone speed limit which occurs within thirty (30) minutes before through thirty (30) minutes after the start of a regularly scheduled breakfast program. For a violation of Florida Statutes Section 316.1895 in excess of ten (10) miles per hour over the school zone speed limit which occurs within thirty (30) minutes before through thirty (30) minutes after the start of a regularly scheduled school session. For a violation of Florida Statutes Section 316.183 in excess of ten (10) miles per hour over the posted speed limit during the entirety of a regularly scheduled school session. For a violation of Florida Statutes Section 316.1895 in excess of ten (10) miles per hour over the school zone speed limit which occurs within thirty (30) minutes before through thirty (30) minutes after the end of a regularly scheduled school session. (b) Violations must be evidenced by a speed detection system described in Florida Statutes Sections 316.008(9) and 316.0776(3). This subsection does not prohibit a review of information from a speed detection system by an authorized employee or agent of a City before issuance of the uniform traffic citation by the traffic infraction enforcement officer. This subsection does not prohibit City from issuing notices as provided in subsection (C) below to the registered owner of the motor vehicle for a violation of Florida Statutes Sections 316.1895 or 316.183. (c) Within thirty (30) days after a violation, notice must be sent to the registered owner of the motor vehicle involved in the violation specifying the remedies available under Florida Statutes Section 318.14 and that the violator must pay the penalty under Florida Statutes Section 318.18(3)(d) to the City or furnish an affidavit in accordance with subsection (I) below, within thirty (30) days after the date of the notice of violation in order to avoid court fees, costs, and the issuance of a uniform traffic citation. The notice of violation must: 6 ORDINANCE #2026-_____ (1) Be sent by first-class mail; (2) Include a photograph or other recorded image showing the license plate of the motor vehicle; the date, time, and location of the violation; the maximum speed at which the motor vehicle was traveling within the school zone; and the speed limit within the school zone at the time of the violation; (3) Include a notice that the owner has the right to review, in person or remotely, the photograph or video captured by the speed detection system and the evidence of the speed of the motor vehicle detected by the speed detection system which constitute a rebuttable presumption that the motor vehicle was used in violation of Florida Statutes Sections 316.1895 or 316.183; and (4) State the time when, and the place or website at which, the photograph or video captured and evidence of speed detected may be examined and observed. (d) Notwithstanding any other law, a person who receives a notice of violation under this Section may request a hearing within thirty (30) days after the notice of violation or may pay the penalty pursuant to the notice of violation, but a payment or fee may not be required before the hearing requested by the person. The notice of violation must be accompanied by, or direct the person to a website that provides information on the person's right to request a hearing and on all costs related thereto and a form used for requesting a hearing. As used in this subsection, the term "person" includes a natural person, the registered owner or co-owner of a motor vehicle, or the person identified in an affidavit as having actual care, custody, or control of the motor vehicle at the time of the violation. (e) If the registered owner or co-owner of the motor vehicle; the person identified as having care, custody, or control of the motor vehicle at the time of the violation; or an authorized representative of the owner, co-owner, or identified person initiates a proceeding to challenge the violation, such person waives any challenge or dispute as to the delivery of the notice of violation. (f) Penalties assessed and collected by the City, less the amount retained by City pursuant to subsections (2) and (5) below, and the amount remitted to the county school district pursuant to subsection (4), shall be paid to the State Department of Revenue weekly. Such payment shall be made by means of electronic funds transfer. In addition to the payment, a detailed summary of the penalties remitted shall be reported to the Department of Revenue. Penalties to be assessed and collected by the city as established in Florida Statutes Section 318.18(3)(d) shall be remitted as follows: (1) Twenty dollars ($20.00) shall be remitted to the Department of Revenue for deposit into the General Revenue Fund; (2) Sixty dollars ($60.00) shall be retained by City and shall be used to administer speed detection systems in school zones and other public safety initiatives; 7 ORDINANCE #2026-_____ (3) Three dollars ($3.00) shall be remitted to the Department of Revenue for deposit into the Department of Law Enforcement Criminal Justice Standards and Training Trust Fund; (4) Twelve dollars ($12.00) shall be remitted to the county school district in which the violation occurred and must be used for school security initiatives, for student transportation, or to improve the safety of student walking conditions. These funds shall be shared with charter schools in the district based on each charter school's proportionate share of the district's total unweighted full-time equivalent student enrollment and must be used for school security initiatives or to improve the safety of student walking conditions; and (5) Five dollars ($5.00) shall be retained by City for the school crossing guard recruitment and retention program pursuant to Florida Statutes Section 316.1894. (g) A uniform traffic citation shall be issued by mailing the uniform traffic citation by certified mail to the address of the registered owner of the motor vehicle involved in the violation if payment has not been made within thirty (30) days after notification pursuant to subsection (c) above, if the registered owner has not requested a hearing as authorized under subsection (d), and if the registered owner has not submitted an affidavit in accordance with subsection (i). (1) Delivery of the uniform traffic citation constitutes notification of a violation under this subsection. If the registered owner or co-owner of the motor vehicle; the person identified as having care, custody, or control of the motor vehicle at the time of the violation; or a duly authorized representative of the owner, co-owner, or identified person initiates a proceeding to challenge the citation pursuant to this Section, such person waives any challenge or dispute as to the delivery of the uniform traffic citation. (2) In the case of joint ownership of a motor vehicle, the uniform traffic citation shall be mailed to the first name appearing on the motor vehicle registration, unless the first name appearing on the registration is a business organization, in which case the second name appearing on the registration may be used. (3) The uniform traffic citation mailed to the registered owner of the motor vehicle involved in the infraction shall be accompanied by the information described in subsections (c)(2), (c)(3), and (c)(4). (h) The registered owner of the motor vehicle involved in the violation is responsible and liable for paying the uniform traffic citation issued for a violation of Florida Statutes Sections 316.1895 or 316.183 unless the owner can establish that: (1) The motor vehicle was, at the time of the violation, in the care, custody, or control of another person; (2) A uniform traffic citation was issued by law enforcement to the driver of the motor vehicle for the alleged violation of Florida Statutes Sections 316.1895 or 316.183; or 8 ORDINANCE #2026-_____ (3) The motor vehicle's owner was deceased on or before the date of the alleged violation, as established by an affidavit submitted by the representative of the motor vehicle owner's estate or other identified person or family member. (i) To establish such facts under subsection (f), the registered owner of the motor vehicle must, within thirty (30) days after the date of issuance of the notice of violation or the uniform traffic citation, furnish to the appropriate governmental entity an affidavit setting forth the following information supporting an exception under subsection (f): (1) An affidavit supporting the exception under subsection (f)(1) must include the name, address, date of birth, and, if known, the driver license number of the person who leased, rented, or otherwise had care, custody, or control of the motor vehicle at the time of the alleged violation. If the motor vehicle was stolen at the time of the alleged violation, the affidavit must include the police report indicating that the motor vehicle was stolen. (2) If a uniform traffic citation for a violation of Florida Statutes Sections 316.1895 or 316.183 was issued at the location of the violation by a law enforcement officer, the affidavit must include the serial number of the uniform traffic citation. (3) If the motor vehicle's owner to whom a notice of violation or a uniform traffic citation has been issued is deceased, the affidavit must include a certified copy of the owner's death certificate showing that the date of death occurred on or before the date of the alleged violation and one of the following: (A) A bill of sale or other document showing that the deceased owner's motor vehicle was sold or transferred after his or her death but on or before the date of the alleged violation; (B) Documented proof that the registered license plate belonging to the deceased owner's motor vehicle was returned to the department or any branch office or authorized agent of the department after his or her death but on or before the date of the alleged violation; or (C) A copy of the police report showing that the deceased owner's registered license plate or motor vehicle was stolen after his or her death but on or before the date of the alleged violation. (4) Upon receipt of the required affidavit and documentation specified above related to the issuance of a uniform traffic citation or a deceased owner, or thirty (30) days after the date of issuance of a notice of violation sent to a person identified as having care, custody, or control of the motor vehicle at the time of the violation pursuant to subsection (i)(1) above, City shall dismiss the notice or citation and provide proof of such dismissal to the person who submitted the affidavit. If, within thirty (30) days after the date a notice of violation was sent to a person, City receives an affidavit from the person sent a notice of violation affirming that the person did not have care, custody, or control of the motor vehicle at the time of the violation, City shall notify the registered owner that the notice or 9 ORDINANCE #2026-_____ citation will not be dismissed due to failure to establish that another person had care, custody, or control of the motor vehicle at the time of the violation. (j) Upon receipt of an affidavit identifying another person as having care, custody, or control of the vehicle, the person identified may be issued a notice of violation for a violation of Florida Statutes Sections 316.1895 or 316.183. The affidavit is admissible in a proceeding for the purpose of providing proof that the person identified in the affidavit was in actual care, custody, or control of the motor vehicle. The owner of a leased motor vehicle for which a uniform traffic citation is issued for a violation of Florida Statutes Section 316.1895 is not responsible for paying the uniform traffic citation and is not required to submit an affidavit if the motor vehicle involved in the violation is registered in the name of the lessee of such motor vehicle. (k) If the City receives an affidavit identifying another person as having care, custody, or control of the vehicle, the required notice of violation shall be sent to the person identified in the affidavit within thirty (30) days after receipt of the affidavit. The person identified in the affidavit and who received a notice of violation may also affirm that he or she did not have care, custody, or control of the motor vehicle at the time of the violation by furnishing to the appropriate governmental entity within thirty (30) days after the date of the notice of violation an affidavit stating such. (l) The submission of a false affidavit is a misdemeanor of the second degree, punishable with up to sixty (60) days in jail or a five-hundred dollar ($500.00) fine pursuant to Florida Statutes Sections 775.082 or 775. 083. (m) The photograph or video captured by a speed detection system and the evidence of the speed of the motor vehicle detected by a speed detection system which are attached to or referenced in the uniform traffic citation are evidence of a violation of Florida Statutes Sections 316.1895 or 316.183, and are admissible in any proceeding to enforce the violation. The photograph or video and the evidence of speed detected raise a rebuttable presumption that the motor vehicle named in the report or shown in the photograph or video was used in violation of Florida Statutes Sections 316.1895 or 316.183. (n) This bill supplements the enforcement of Florida Statutes Sections 316.1895 and 316.183 by a law enforcement officer and does not prohibit a law enforcement officer from issuing a uniform traffic citation for a violation of Florida Statutes Sections 316.1895 or 316.183. (o) A hearing related to the violation shall be conducted under the procedures established in Florida Statutes Section 316.0083(5), as follows: (1) The Florida Department of Highway Safety and Motor Vehicles shall publish and make available electronically to the City a model request for hearing form to assist each city administering Florida Statutes Section 316.1896. (2) City shall designate by resolution existing staff to serve as the clerk to the local hearing officer. 10 ORDINANCE #2026-_____ (3) A person who elects to request a hearing (i.e., the petitioner) shall be scheduled for a hearing by the clerk to the local hearing officer. The clerk shall furnish the petitioner with notice sent by first-class mail. Upon receipt of the notice, the petitioner may reschedule the hearing up to two times by submitting a written request to reschedule to the clerk at least five (5) calendar days before the day of the scheduled hearing. The petitioner may cancel his or her appearance before the local hearing officer by paying the assessed penalty plus the administrative costs of fifty dollars and twenty-six cents ($50.26) before the start of the hearing. (4) At the conclusion of the hearing, the local hearing officer shall determine whether a violation occurred and shall uphold or dismiss the violation. The local hearing officer shall issue a final administrative order including the determination and, if the notice of violation is upheld, shall require the petitioner to pay the one-hundred dollars ($100.00) penalty previously assessed, and may also require the petitioner to pay the city’s costs not to exceed two-hundred and fifty dollars and twenty-seven cents ($250.27). The final administrative order must be mailed to the petitioner by first-class mail. (5) An aggrieved party may appeal a final administrative order consistent with the process provided in Florida Statutes Section 162.11 relating to appeals of an order of the code enforcement board. (p) Remote surveillance (1) A speed detection system in a school zone may not be used for remote surveillance. The collection of evidence by a speed detection system to enforce violations of Florida Statutes Sections 316.1895 and 316.183, or user-controlled pan or tilt adjustments of speed detection system components, do not constitute remote surveillance. Recorded video or photographs collected may only be used to document violations of Florida Statutes Sections 316.1895 and 316.183, and for purposes of determining civil or criminal liability for incidents captured by the speed detection system incidental to the permissible use of the speed detection system. (2) Any recorded video or photograph obtained through the use of a speed detection system shall be destroyed within ninety (90) days after the final disposition of the recorded event. The vendor of the speed detection system shall provide City with written notice by December 31 of each year that such records have been destroyed. Registered motor vehicle owner information obtained as a result of the operation of a speed detection system in a school zone is not the property of the manufacturer or vendor of the speed detection system and may be used only for the purposes specified. (q) Remoting. (1) City shall submit a report by October 1, 2024, and annually thereafter, to the Florida Department of Highway Safety and Motor Vehicles which identifies the public safety objectives used to identify a school zone for enforcement; reports compliance with Florida Statutes Section 316.0776(3)(c); and details the results of the speed detection system in the 11 ORDINANCE #2026-_____ school zone and the procedures for enforcement. City shall submit the information described herein in a form and manner determined by the Florida Department of Highway Safety and Motor Vehicles, which the Florida Department of Highway Safety and Motor Vehicles must make available to the City, and the Florida Department of Highway Safety and Motor Vehicles may require data components to be submitted quarterly. The report must include at least the following: (a) Information related to the location of each speed detection system, including the geocoordinates of the school zone; the directional approach of the speed detection system; the school name; the school level; the times the speed detection system was active; the restricted school zone speed limit enforced pursuant to Florida Statutes Section 316.1895(5); the posted speed limit enforced at times other than those authorized by Florida Statutes Section 316.1895(5); the date the systems were activated to enforce violations of Florida Statutes Sections 316.1895 and 316.183; and, if applicable, the date the systems were deactivated. (b) The number of notices of violation issued, the number that were contested, the number that were upheld, the number that were dismissed, the number that were issued as uniform traffic infractions, and the number that were paid. (c) Any other statistical data and information related to the procedures for enforcement which is required by the Florida Department of Highway Safety and Motor Vehicles to complete the report required below. (2) City shall maintain its respective data for reporting purposes for at least two (2) years after such data is reported to the Florida Department of Highway Safety and Motor Vehicles. (3) On or before December 31, annually thereafter, the Florida Department of Highway Safety and Motor Vehicles shall submit a summary report to the Governor, the President of the Senate, and the Speaker of the House of Representatives regarding the use of speed detection systems along with any legislative recommendations from the Florida Department of Highway Safety and Motor Vehicles. The summary report shall include a review of the information submitted to the Florida Department of Highway Safety and Motor Vehicles by Cityand shall describe the enhancement of safety and enforcement programs. (r) Speed Detection Systems. Pursuant to Florida Statutes Sections 316.1906(3), speed detection systems are exempt from the Florida Department of Highway Safety and Motor Vehicles’ requirements for radar and LiDAR units. A speed detection system must have the ability to perform self-tests as to its detection accuracy. The system must perform a self-test at least once every thirty (30) days. The law enforcement agency, or an agent acting on behalf of the law enforcement agency, operating a speed detection system must maintain a log of the results of the system's self-tests. The law enforcement agency, or an agent acting on behalf of the law enforcement agency, operating a speed detection 12 ORDINANCE #2026-_____ system must also perform an independent calibration test on the speed detection system at least once every twelve (12) months. The self-test logs, as well as the results of the annual calibration test, are admissible in any court proceeding for a uniform traffic citation issued for a violation of Florida Statutes Sections 316.1895 or 316.183, enforced pursuant to Florida Statutes Section 316.1896. Evidence of the speed of a motor vehicle detected by a compliant speed detection system and the determination by a traffic enforcement officer that a motor vehicle is operating in excess of the applicable speed limit is admissible in any proceeding with respect to an alleged violation of law regulating the speed of motor vehicles in school zones. Sec. 20-75 Penalties. (1) Twenty dollars ($20.00) shall be remitted to the State Department of Revenue for deposit into the General Revenue Fund; (2) Seventy-seven dollars ($77.00) is distributed to the city and county school board ($12.00 of the $77.00) for any violations occurring in the incorporated boundaries of the city in which the infraction occurred, to be used as provided in Florida Statutes Section 316.1896(5). (3) Three dollars ($3.00) is remitted to the Department of Revenue for deposit into the Department of Law Enforcement Criminal Justice Standards and Training Trust Fund to be used as provided in Florida Statutes Section 943.25, relating to the source and use of funds in criminal justice trust funds. 20-76 Driver License Points. 13 ORDINANCE #2026-_____ Pursuant to Florida Statutes Section 316.640, traffic enforcement officers may issue traffic citations to enforce school zone speed limits. Pursuant to Florida Statutes Section 316.650, the traffic infraction enforcement officer shall provide traffic citation data to the court within five (5) business days after the date of issuance of the citation to the violator. Pursuant to Florida Statutes Section 318.14, traffic citations issued pursuant to this Ordinance are excepted from the requirement that certain traffic violations be signed. Any other ordinance or provision or an ordinance in conflict with this Ordinance shall be repealed to the extent of, but only to the extent of, the explicit conflict with this Ordinance. In the event any part of this Ordinance is deemed to be unconstitutional or invalid for any reason, the remainder of the Ordinance shall remain in full force and effect. It is the intention of the Mayor and City Commission of the City of Dania Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Dania Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. That this Ordinance shall be effective 10 days after passage on second reading. on first reading on __________________, 2026. on second reading on ___________________ 2026. First Reading: Motion by: _________________________________ Second by: _________________________________ Second Reading: Motion by: _________________________________ Second by: _________________________________ 14 ORDINANCE #2026-_____ 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 Commission Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Eve Boutsis, City Attorney VIA: Commissioner Lori Lewellen SUBJECT: Amending Facility Naming Ordinance Request: To approve on first reading certain clarifying amendment to the City’s facility naming ordinance. Background: Commissioner Lewellen requested certain edits to the Facility Naming ordinance, which was amended twice in 2023 (Ordinance No.: 2023-008 and 2023-022). The ordinance has been reorganized for better flow and understanding. A facility naming now requires a Resolution and public hearing, rather than an ordinance and public hearings. Costs are shifted back to the entity or person requesting the naming. Naming a facility or park requires that the honoree provided a “significant contribution” to the City, which requires 10 years of public service or has achieved national or international distinction (athletic, cultural, or civic). Another basis for facility naming is due to a "significant financial contribution", defined as “the provision of significant funding that underwrites the cost of renovation or construction of a city- owned facility.” Contributions can be a monetary gift, grants or donations of land. An agreement is required that provides naming rights for a defined period of time (10-year increments) and includes termination, revocation and reputational protections for the City. Facilities can also be named for an elected official and city employees who have made a positive impact, etc. A name change or removal requires 4/5 vote, unless for cause. A person or entity can only receive one recognition from the city – either a facility naming or street co-designation. The notification provisions remain the same, notice must be provided to all within 1,000 feet of the facility. At least 30 day notice prior to hearing, by mail, advertising and posting. The Parks, Recreation and Community Affairs Advisory Board will make a recommendation to the city Commission for final action, after a public hearing. Waiver of any provision of the code, other than automatic denials (felonies, bad reputation), requires 4/5 vote of the City Commission. There is a two (2) year prohibition on requesting a naming from the date of submittal of the application that previously failed. Budgetary Impact This change would save the City money because the party would bear the costs associated with naming, notices and application. Recommendation Approve the ordinance on second and final reading. ORDINANCE NO. 2026-_____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER TWO, ENTITLED “ADMINISTRATION”, ARTICLE V, ENTITLED “NAMING OF CITY FACILITIES”; AT SECTION 2-101, ENTITLED “NAMING OF CITY- OWNED FACILITIES” TO UPDATE THE POLICIES AND PROCEDURES FOR NAMING FACILITIES; PROVIDING FOR CONFLICTS; CODIFICATION; SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission have updated their naming of City facility policies in 2023, via Ordinance No. 2023-008, and Ordinance No. 2023-022 to ensure that all the City updated its policies to require background checks and specific criteria for eligibility; and WHEREAS, Commissioner Lewellen would like to bring further clarity to the City’s naming policy; and WHEREAS, these clarifications will resolve concerns raised in application of the policy. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the preceding “Whereas” clauses are ratified and incorporated as a record of the legislative intent of this Ordinance. Section 2. That Chapter 2, “Administration”, Article V, “Naming of Facilities, at Section 2-101, “Naming of City-owned facilities” be amended as follows: CHAPTER 2 ADMINISTRATION * * * ARTICLE V. NAMING OF CITY FACILITIES Sec. 2-101. Naming of City-owned facilities. (a) Intent. Policy and Purpose. The City of Dania Beach acknowledges the importance of facilities naming in creating opportunities for philanthropy and corporate sponsorship, as well as honoring distinguished individuals who have contributed meaningfully to Dania Beach. Naming must undergo a high level of consideration and due diligence to ensure the name is in the best interests of the City. The City Commission may, by resolution, adopt after a public hearing, a petition recommending a facility be named or renamed on behalf of an individual or corporate sponsor. 2 ORDINANCE #2026-_____ The City of Dania Beach shall be responsible for the naming/renaming of all City-owned facilities. Nothing in this section shall prohibit the City Manager, Mayor/Commission members, a community group, or a resident from recommending a facility be named or renamed on behalf of an individual, provided that the criteria in this Code provision are met. The provisions of this Code shall be the exclusive process for naming a structure, an interior room, a park, a facility, a field, a monument, etc. (collectively, "a facility"). A corporate sponsor for a facility naming right would be required to provide funding to the city, which funding would be utilized to fund the costs associated with the naming and used to maintain the facility. Any surplus funds would be utilized for a public purpose and deposited in the general fund and designated for special projects in the city. Actual physical or other naming/renaming measures for a corporate sponsor, including signage changes, shall not be performed by the city until such the maintenance costs and funding to the city, as determined by the city manager's office, are paid to the city. The corporate sponsor would enter into a naming rights facility agreement, which agreement would provide the corporate sponsor the exclusive right to name a property, location, or event for a set period, ordinarily for a ten-year exclusive period. (b) General provision It shall be the responsibility of the City Manager's office to assign an individual to review, implement, and enforce the City's guidelines for facility naming. Such duties shall include, but not be limited to the following: (1) Implement the regulations established for facility naming. (2) Facilitate citizen input through the process of notifying of property owners. (3) Review all applications and advise the applicant as to whether or not the application has met the requirement set forth in these regulations. (4) Any individuals and organizations requesting a facility naming (other than the City Commission) must submit completed a City of Dania Beach Facility Naming Application and an application fee as determined by separate resolution. (5) No application shall be processed until the City receives payment of the application fee and notification, mailing, and associated costs. (6) Coordinate with the Parks, Recreation and Community Affairs Advisory Board for review, comments and recommendation. Unless the facility naming application is for sponsorship under 3 ORDINANCE #2026-_____ (c)(ii), the City would be responsible for costs associated with naming the facility. (7) Present the completed application and supporting documentation to the City Commission along with the request for City Commission authorization to grant or deny application requests, based on the established requirements. (7) If the City Commission issues a denial of such change, the applicant must wait two (2) years to re-apply. (c) Naming principles. To be eligible for naming a major or minor facility after an individual, group of individuals, or organization, the proposed honoree must satisfy at least one (1) of the criteria identified under subsection (d), as determined by the City Commission in its sole discretion, and the proposed honoree must have made a “Significant Contribution” or providing “Significant Financial Contribution” to the City. (i) Service or Impact/Significant Contribution An individual may be considered for facility naming based on exceptional service or impact where the individual has made a “Significant Contribution”. A “Significant Contribution” is defined as: An extraordinary and clearly distinguishable contribution that results in a substantial, measurable, and enduring public benefit to the City, a specific public facility, or the community served thereby, and that materially advances the creation, preservation, enhancement, or identity of such facility. In evaluating service-based contributions, the City Commission shall consider whether the individual: (1) Has demonstrated exceptional service and a substantial positive impact on the City that far exceeds ordinary civic participation or routine public service; (2) Has provided at least ten (10) years of sustained public service or community leadership, with meaningful involvement in advancing the City’s civic, cultural, historical, social, or institutional interests, including but not limited to initiatives promoting diversity, equity, and inclusion, where relevant; (3) Has shown significant and continuous engagement with the City or its residents, reflecting a notable and enduring commitment to the community; or (4) Has achieved national or international distinction (including, but not limited to athletic, cultural, or civic achievement) where: a. The individual’s achievements have brought historical, cultural, or reputational significance to the City; and 4 ORDINANCE #2026-_____ b. There exists a direct and substantial nexus between the individual, the City, and the facility proposed for naming, including documented association with City facilities or historically significant City assets. (5) The applicant shall be responsible for the actual cost of signage, notices, mailings, sign changes, staff time, etc. If the naming is for a retired or former employee, volunteer, or elected official, the signage cost fee may be waived by the City Commission by a 4/5 vote if the Commission. The costs may also be waived by the City Commission by a 4/5 vote, if the Commission determines that the proposed naming and cost waiver serves a compelling public purpose. (ii) Charitable Gift or Corporate Sponsorship – Significant Financial Contribution “Significant Financial Contribution”. Shall be defined as the provision of significant funding that underwrites the cost of renovation or construction of a City owned facility. It shall include financial underwriting or as substantial monetary contributions that completely or significantly enable City projects such as parks, buildings or property acquisition to occur. This may include monetary gifts and, or grants that leverage federal, state, and local funding for such projects or complete donation of land. When considering a gift, whether cash or in-kind, several factors should be considered. These include the donor's previous contributions, the purpose behind the gift, and how the size of the gift relates to the specific project it is intended for. Additionally, a gift that may be seen as substantial for one project might not have the same significance in the context of a more expensive project. Facility naming may also be considered based on a charitable donation or corporate sponsorship, provided that the contribution constitutes a “Significant Financial Contribution” as defined in this subsection and must: (1) The donation or sponsorship must represent a material and outcome-determinative charitable contribution, the absence of which the facility would not have been constructed, enhanced, preserved, or meaningfully improved to the same degree or within the same timeframe; (2) The Significant Financial Contribution must far exceed nominal or customary financial support, routine philanthropy, marketing expenditures, or payments otherwise required by law, regulation, development approval, or contract; and (3) The corporate sponsor would enter into a naming rights facility agreement, which agreement would provide the corporate sponsor the exclusive right to name a property, location, or event for a set period, ordinarily for a ten-year exclusive period. the agreement shall ensure that all applicable termination, revocation, and reputational protection provisions are provided for. (4) In determining whether a contribution qualifies as a Significant Financial Contribution, the City Commission shall consider the nature, scale, duration, and direct nexus between the contribution and the facility. 5 ORDINANCE #2026-_____ (5) A “Significant Financial Contribution” must be of such magnitude or impact that recognition through facility naming or street co-designation is warranted as an exceptional honor, rather than a routine acknowledgment. (6) A corporate sponsor for a facility naming right would be required to provide funding to the City, which funding would be utilized to fund the costs associated with the naming and used to maintain the facility. Any surplus funds would be utilized for a public purpose and deposited in the general fund and designated for special projects in the City. Actual physical or other naming/renaming measures for a corporate sponsor, including signage changes, shall not be performed by the City until such the maintenance costs and funding to the City, as determined by the City Manager's office, are paid to the City. (b) (d) Eligibility Criteria for Naming/Renaming of a structure, interior room, park, recreational facility, monument or building (collectively "facility"). (1) City elected officials; (2) City elected officials who have completed their full-term limit, made a significant contribution to the city and/or becoming elected to a higher office; (1) City elected officials who have completed their term limit that have made a Significant Contribution, as defined above, to the City. If the elected official does not complete a full term due to death or material illness may be an exception to this rule, with a 4/5 vote. (2) City employees that have made significant contributions and a positive impact to the City, and separated from full-time employment in good standing; (3) Persons making a significant contribution to the City over a period of years can be considered with a written request made to the director of parks and recreation To be considered for recognition, a prospective honoree must have at least ten (10) years of involvement in the community consistent with the criteria in section (c)(i), above, and demonstrate a significant and consistent commitment to the City. A written application must be submitted to the City Manager’s designee, the Director of Parks and Recreation for consideration. (4) Names of existing facilities shall not be duplicated; (5) Every effort shall be made to avoid naming conflicts with neighboring municipalities; (6) Where the name of an individual is used, approval shall be obtained from the individual’s estate or legal representative or the next of kin prior to using the name; (7) In making the decision to utilize a name, the City Commission must take into consideration whether or not the name requested is perceived to be immoral or offensive to a portion of the City's citizenry; (9) Whether or not the applicant has met the requirements referenced in this Code and have the support of surrounding property owners; 6 ORDINANCE #2026-_____ (810) If named after a corporation, the corporation, or other non-natural person, must have a reputation without a criminal, fraudulent, immoral or an offensive history. See additional requirements for corporate naming request, under subsection (a) (c)(ii); (91) Recommendations for the naming of a facility are encouraged to reflect community members who satisfy the naming principles under this ordinance. have made substantial contributions over a period of years to the City by volunteering services (athletics or other), serving on boards/committees, commissions, past employees, and Civic organizations; (102) The naming of facilities can be offered to the City Commission by the league or organized group that the person served within and to name a specific facility utilized by the league or organized group. (113) Naming may be considered based on the provision of Significant Financial Contribution as further defined in this ordinance. (12) Parks and facilities that are donated to the City may be named by deed restriction by the donor. The naming and acceptance of land is subject to approval by the City Commission. (135) Naming should not conflict with grant funding policies established by local private, state and, or, federal grant funding programs. (15) An honoree may only receive one recognition from the City — either a facility naming, or a street co-naming. Once an honoree has received any one of these honors, they are ineligible to receive the other two. (ec) Notification of proposed naming or renaming. (1) The Parks, Recreation and Community Affairs Advisory Board (the Board”) shall issue an advisory recommendation to the City Commission. The Board advisory board meeting shall not be required to be advertised or noticed in a paper of general circulation, however, the Board meeting shall be posted on the City's website and bulletin board at least forty-eight (48) hours prior to the meeting. (2) Mail notification of a naming or renaming public hearing request before the City Commission shall issue to all property owners within one thousand (1,000) feet of the facility. All notices shall follow the requirements contained in Section 610-20 of the Land Development Code and shall issue thirty (30) days before the public hearing on the request. The notice shall include a picture of the facility, the address of the facility, and the proposed name/rename to be considered. The notice shall contain the date, time and location for the public hearing, and advise the public that they may provide input on the name request. (fd) Review and approval of request Applications. (1) Requests for naming/renaming must be submitted in writing to the director of parks and recreation. All individuals and organizations requesting for naming/renaming a City of Dania Beach facility must submit a City of Dania Beach Application, a petition as provided below, and an application fee as determined by separate resolution. All costs, including notices, mailings, sign changes, staff time, etc. as determined by the city 7 ORDINANCE #2026-_____ manager's office, shall be the responsibility of the applicant. No application shall be granted by the city commission until after the city's receipt of payment of the application fee and notification, mailing, sign changes, and associated costs. Actual physical or other naming/renaming measures, including signage changes, shall not be performed by the city until such additional costs over and above the application fee, as determined by the city manager's office, are paid to the city. (2) These requests will be reviewed by the parks, recreation and community affairs advisory board prior to transmission to the city manager. The decision of the board shall be advisory only and shall be submitted to the City of Dania Beach City Commission for a final determination. (3) The individual whose name is being considered must not have a felony conviction in the State of Florida, or any crime of moral turpitude. If the city is aware of a felony in any other state, or any crime of moral turpitude, then the individual will be disqualified under this section. (4) The applicant may be responsible for the actual cost of signage. If the naming is for a retired or former employee, volunteer, or elected official, no signage fee will be required. (5) Final determination. The city commission shall make a final determination of granting or denying an application. In doing so, the city commission shall have absolute discretion for naming a city facility and shall enact a resolution, after public hearing. Final approval shall require a four-fifths (⅘) vote of the city commission. (6) Waiver of guidelines. The city shall consider a waiver to any portion of these guidelines for procedures, except for subsection (7) below entitled "automatic denials," if by a four- fifths (⅘) vote of the city commission, the commission agrees to such a waiver of a portion for any other reason. (7) Automatic denials. (i) The individual after whom the street is to be co-designated had been convicted for a felony or any crime involving moral turpitude or had pending charges of a felony on any crime involving moral turpitude at the time of his or her death. (ii) The corporation or other non-natural person after which the street is proposed to be co-designated must have a reputation (and its officers and representatives) without a felony criminal, fraudulent, immoral or offensive history. (iii) Discriminatory or antisemitic (anti any religious, racial or ethnic) name or reference. (1) Applications for naming/renaming must be submitted in writing to the Manager’s designee, the Director of Parks and Recreation. All individuals and organizations requesting for naming/renaming a City of Dania Beach facility must submit a City of Dania Beach Application, and an application fee as determined by separate resolution. 8 ORDINANCE #2026-_____ (2) A brief biographical description or corporate description that includes the date and location of birth, when the individual became part of the community, the connection between the naming to the community, and why (s)he should be memorialized. (3) Whether or not the name requested is already being utilized in the immediate or surrounding neighborhoods, other parts of the City, Broward County or both. (4) Whether or not the name requested is perceived to be immoral or offensive to a portion of the City's citizenry. (5) Whether or not the name has been utilized for a street co-designation, or other facility naming. Only one can be authorized. (6) Whether or not the applicant has met the requirements referenced in this Code. (7) Whether or not the street or the existing name of the street requested to be co- designated has significant historical value to the City. (8) All costs, including notices, mailings, staff time, etc. as determined by the City Manager's office, shall be the responsibility of the applicant. No application shall be granted by the City Commission until after the City's receipt of payment of the application fee and notification, mailing, and associated costs. (9) For charitable gifts or Corporate Sponsorship, actual physical or other naming/renaming measures, including signage changes, shall not be performed by the City until such additional costs over and above the application fee, as determined by the City Manager's office, are paid to the City. (10) For an Individual honoree, or family, or group the application must include the following: i. Full Name(s). ii. Dates of residency in the City of Dania Beach. iii. Narrative as to the Significant Contributions and achievements of an honoree, family or group. iv. A sworn affidavit that the person being honored does not have a criminal felony (conviction, plea of guilty, nolo contendere) or crimes of moral turpitude charges or convictions. (11) Requests for Significant Charitable Contribution, such as a gift or corporate sponsorship of facilities require the submission of a formal proposal and application that includes the following: i. Compliance with the provisions of this ordinance. ii. Proposed Name to be displayed on the facility. iii. Proposed sponsors must demonstrate a record of integrity and business ethics, and be willing to enter into a sponsorship agreement. Proposed sponsor must not have crimes of moral turpitude or felony criminal charges or convictions (individual or corporate). 9 ORDINANCE #2026-_____ iv. Sponsorships will be negotiated by the City Manager on a case-by-case basis, using prevailing sponsorship guidelines and keyed to the value of the sponsorship prior to submittal to the Board and the City Commission. v. All signage will be created and erected by the City at the corporate partner’s expense, and must be approved in advance by the City. (12) These requests will be reviewed by the City Manager’s designee to confirm that the application is complete. (13) Potential names without sufficient supporting documentation will be rejected by Manager’s designee and will not be presented to the Board. (14) Once the application and substantiating documents are confirmed as complete, the Board shall review the proposed naming and will offer the opportunity for public input on the proposed naming. (15) The Board shall forward their advisory recommendation to the City Manager to place on the City Commission agenda. (16) Final determination. The City Commission shall make a final determination of granting or denying an application. In doing so, the City Commission shall have absolute discretion for naming a City facility and shall enact a resolution, after public hearing. Final approval shall require a four-fifths (⅘) vote of the City Commission. a. The City Commission shall consider the character of individuals, and the work, mission, and image of corporations, prior to making its recommendation. b. The City Commission may also consider any other factors that could affect public confidence in or perception of the City’s impartiality; or interfere with the delivery of City services or operations; or which the City finds unacceptable, including, but not limited to, current or potential conflicts of interest, policies or positions between the sponsor and the City, including its employees, officials, or affiliates; or has the potential to tarnish the City’s standing among its citizens; or otherwise affect or impair the City’s performance of its roles, duties and functions. (17) Waiver of guidelines. The City shall consider a waiver to any portion of these guidelines for procedures, except for subsection (18) below entitled "automatic denials," if by a four- fifths (⅘) vote of the City Commission, the Commission agrees to such a waiver of a portion for any other reason. 10 ORDINANCE #2026-_____ (18) Automatic denials. (i) The individual after whom the street is to be co-designated had been convicted for a felony or any crime involving moral turpitude or had pending charges of a felony on any crime involving moral turpitude at the time of his or her death. If the City is aware of a felony in any other state, or any crime of moral turpitude, then the individual will be disqualified under this section. (ii) The corporation or other non-natural person after which the street is proposed to be co-designated must have a reputation for conflicting with the core values of the City or the City determines that the naming may impugn the reputation, image, or integrity of the City, or compromise the public trust. (iii) There is evidence of discrimination against anyone on the grounds of race, color, sex, sexual preference, age, marital status, physical or mental disability, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin, homosexuality, transgender identity and age. (iv) An application is not submitted with all requirements of this Ordinance. (v) A request was proposed and considered by the City within two (2) years of the date of submittal of the application. (vi) The corporation or other non-natural person after which the street is proposed to be co-designated must have a reputation (and its officers and representatives) without a felony criminal, fraudulent, immoral or offensive history. (vii) Previously have a street co-designation, or a facility naming. (ge) Implementation of a naming decision. (1) The named facility shall be displayed with proper signage and identified by its full name in oral and written communications. (2) After consulting the City Commission, all signage must be approved by community development or designee, which shall determine the size and location of signage. (3) A brief biographical excerpt from the individual's accomplishments should be exhibited in a prominent place within the facility. A recognition plaque shall also be required. (4) Should a donation be made on behalf of the naming right, or a corporate sponsor identified with funding, a designated fund may be established by the finance department for the maintenance of signage. 11 ORDINANCE #2026-_____ (hf) Duration of naming privilege. Termination/Revocation. (⅗) vote. However, if these conditions are not met, then a renaming would require a four-fifths (⅘) vote of the City Commission to rename the facility. 12 ORDINANCE #2026-_____ the City determines in its reasonable and good faith opinion that the name associated with the naming right would adversely impact the public trust, image or the reputation of the City, including acts of moral turpitude, or a felony charge, upon a three-fifths (3/5) vote. Upon any such termination of previously approved naming, the City shall have no further obligation or liability to the donor and shall not be required to return any portion of the gift or contribution already paid. (5) If the naming rights are revoked then any donations or other money provided to the City to maintain, repair, or replace that sign shall be used to remove the signage and return the City property into its original condition. All remaining money may be retained by the City for its own use. (4) Cross-reference with subsection (f) above as to naming and renaming conditions. * * * Section 3. If any section, clause, sentence, or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. That all ordinances or part of ordinances in conflict with the provisions of the Ordinance are repealed. Section 5. It is the intention of the Mayor and City Commission of the City of Dania Beach, and it is hereby ordained that the provisions of this ordinance be codified and shall become and be made a part of the Code of the City of Dania Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word “ordinance” may be changed to “section,” “article,” or other appropriate word. Section 6. That this Ordinance shall be effective 10 days after passage on second reading. PASSED on first reading on __________________, 2026. PASSED AND ADOPTED on second reading on ___________________ 2026. 13 ORDINANCE #2026-_____ Second Reading: Motion by: _________________________________ Second by: _________________________________ FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY City of Dania Beach Community Development Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Candido Sosa-Cruz ICMA-CM, City Manager VIA: Eleanor Norena, CFM, Deputy City Manager Corinne Lajoie, MURP, AICP, Director Shanesa Miranda, Deputy Director SUBJECT: Call to Artist for the creation of a buoy public art initiative. Request: To authorize staff to issue a Call to Artist for the creation of a buoy public art initiative. Background: The buoy public art initiative imagines Dania Beach's existing navigational and decorative buoys as a Citywide collection of distinctive artistic landmarks. By partnering with artists to transform existing buoys - and introduce newly sited installations - the program repurposes familiar coastal infrastructure into bold, place- specific works of public art. More than a beautification effort, the Initiative builds a visual identity that is unmistakably Dania Beach, celebrating the City's coastal character and fostering community pride through art that is woven into the everyday landscape. STAFF ANALYSIS The City’s Public Art Plan envisions Public Art installation at the City’s gateways and vehicular corridors identifying the goal as, gateways and vehicular corridors laced with artwork present opportunities for local artists to create exciting artworks that build community pride and welcomes, delights and inspires viewers. The City of Dania Beach maintains several buoys within the City boundaries. Over time, many of these buoys have become weathered and visually inconsistent, diminishing the aesthetic character of the public spaces they occupy. Rather than simply repainting or replacing these structures, staff recommends leveraging them as a canvas for a new public art activation program, one that can be launched quickly, engages local artists, and reinforces Dania Beach's identity as a creative coastal destination. The Buoy Arts Initiative is envisioned to be consistent with the City’s Public Art Plan and as a complement to the Creative Visions program, a lower-cost, higher-frequency format that can welcome a broader range of artists (including emerging and local talent), generate ongoing visual interest citywide, and create opportunities for public art without the complexity of large-scale permanent installations. Program Goals • Activate Dania Beach's buoys as a distributed public art network visible throughout the city's waterway areas, parks, and corridors. • Create a recurring, accessible opportunity for artists - with particular emphasis on South Florida and Dania Beach-connected artists. • Generate community pride and visual identity aligned with Dania Beach's coastal character and the City's arts programming goals. • Complement and extend the Creative Visions initiative with a lighter-weight, faster-moving format. Eligibility • Open to professional artists with visual art, public or commercial art experience. • Student and emerging artists are eligible when participating as part of a team with a qualified lead artist. • South Florida artists are strongly encouraged to apply; national artists are welcome. • Applicants must possess valid U.S. work authorization. Budgetary Impact The selected artists will be paid between Two Thousand Dollars ($2,000) and Two Thousand Five Hundred Dollars ($2,500) stipen for the buoy design depending on the level of community engagement proposed by each artist. The project for all four (4) bouys will range from Eight Thousand Dollars ($8,000) to Ten Thousand Dollars ($10,000). Staff proposes a tiered budget structure to accommodate both pilot-scale and program-scale implementations. Budgets are all-inclusive (artist fee, design, fabrication, installation, insurance, and contingency). Recommendation Public Advisory Board Recommendation On May 18, 2026 the Public Art Advisory Board recommended unanimous approval of the Buoy Beacon Project. Staff Recommendation Community Development staff is recommending that the City Commission approve the Buoy Beacon Call to Artist, which is consistent with the City’s Public Art Plan. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ISSUE A CALL TO ARTISTS IN ORDER TO ESTABLISH A LIST OF PREQUALIFIED ARTISTS AND PROPOSED ART CONCEPTS FOR A PUBLIC ART PROJECT KNOWN AS “BUOY BEACON”, WHICH IS PROPOSED TO BE AN INNOVATIVE PUBLIC ART CONCEPT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. on June 22, 2021, the City Commission adopted the Public Art Plan, establishing the City’s public art program; and at the May 18, 2026, Public Art Advisory Board (PAAB) Meeting, the Board unanimously recommended that the City Commission establish a public art buoy program, entitled a “Buoy Beacon” to obtain artist qualifications and art concepts so that the City may ultimately install an innovative public art concept in the City; and the City’s PAAB is proposing the creation of a “Buoy Beacon” program focusing on reimaging Dania Beach’s navigational and decorative buoys as Citywide and distinctive public art landmarks; and the creation of a “Buoy Beacon” program is consistent with the City’s Public Art Plan which identified the importance of public art installations at the City’s gateways and vehicular corridors; and the PAAB seeks fresh ideas from South Florida-based artists and creatives with a focus on building a visual identity for the City, celebrating the City’s coastal character and fostering community pride through art that is woven into the everyday landscape of the City; and the selected artists will be asked to develop more detailed proposal for potential implementation and will sign an art agreement and will be paid a stipend ranging from Two Thousand Dollars ($2,000.00) to Two Thousand Five Hundred Dollars ($2,500.00). That the above “WHEREAS” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. RESOLUTION #2026-_____ 2 Section 3. That this Resolution shall be effective 10 days after passage and 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 City of Dania Beach Community Development Memorandum DATE: 9/14/2026 TO: Mayor and Commissioners FROM: Candido Sosa-Cruz, ICMA-CM, City Manager VIA: Eleanor Norena, CFM, Deputy City Manager Corinne Lajoie, MURP, AICP, Director Shanesa Miranda, Deputy Director SUBJECT: The applicant and owner, is requesting approval to donate a public art sculpture by Wyland from Dania Beach Rentals LLC to the City of Dania Beach. Request: To accept donation of the public art sculpture by Wyland, from Dania Beach Rentals LLC to the City of Dania Beach. Background: Pursuant to the City Commission Public Art Plan, the Public Art Advisory Board (PAAB) shall consider and review proposed donations of art with a minimum appraised value of $25,000 by a licensed appraiser. On September 8,2026, the PAAB will discuss the Wyland Sculpture donation. The Boards recommendation will be presented at the City Commission Meeting. In 2021, the City Ordinance 2019-025 established a public art program to enhance the quality of life in the City of Dania Beach through artistic opportunities that contribute to the City’s aesthetic character, and to unite the community through shared cultural experiences including the collection and exhibition of high-quality art that reflects diverse styles. The ordinance established public art requirements for new development and redevelopment in non-residential, mixed-use, and multi-family zoning districts for projects valued at more than one million dollars ($1,000,000.00) and provides for a fee for the creation, acquisition, and installation of public art for the City, as defined in Section 811-20 of Chapter 28 of the Land Development Code of the City Codes of Ordinane STAFF ANALYSIS The applicant installed an on-site public art installation entitled ‘Dania Beach Sea View Sea Turtle Beach’ which is an original Wyland monumental bronze sculpture. Wyland is an establish international professional public artist. The public art sculpture will be part of the City of Dania Beach’s Public Art program and will be seen by hundreds of thousands of people annually. The applicant has valued the sculpture at two million, six hundred thousand dollars ($2,600,000.00), which significantly exceeds the $250,000 escrow payment received for each project (Sea View I & II) a total escrow payment of $500,000. The location of the sculpture will be placed on the Sea View I development site located at 801 East Dania Beach Boulevard. The maintenance of the sculpture is low cost, and the developer will maintain and pay for the conservation. Maintenance will be provided by Dania Beach Rentals LLC. Budgetary Impact At this time there is no budgetary impact known. Recommendation PUBLIC ADVISORY BOARD RECOMMENDATION On September 8, 2026 the Public Art Advisory Board will discuss this donation request for Wyland’s “Dania Beach Sea View Sea Turtle Beach”. The Board’s recommendation will be presented at the City Commission Meeting. STAFF RECOMMENDATION Community Development staff is recommending that the City Commision approve acceptance of a donation of Wyland’s “Dania beach Sea View Sea Turtle Beach”, which is consistent with the City’s Public Art Plan. RESOLUTION NO. 2026-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY TO ACCEPT OWNERSHIP OF THE PUBLIC ART INSTALLATION FROM DANIA BEACH RENTALS, LLC (“DONOR”) FOR THE STATUE PROPOSED TO BE LOCATED AT 601 EAST DANIA BEACH BOULEVARD, AND TO ENTER INTO AN AGREEMENT RELATING TO OWNERSHIP AND MAINTENANCE OF THE WYLAND SEA TURTLE SCULPTURE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. on October 25, 2022, the City Commission authorized the installation of a private artwork under the City’s public art program at 601 East Dania Beach Boulevard, for a sculpture created by the artist Wyland, for the entryway to the Sea View I and II Developments; and , Resolution No. 2022-161, adopted on October 25, 2022, approved the installation of the Sculpture at 601 East Dania Beach Boulevard and authorized the execution of an on-site public art agreement in connection therewith; and Dania Beach Rentals, LLC, its successors and assigns, (“Donor”) as the fee simple owner of the property located at 601 East Dania Beach Boulevard, and the owner of the Wyland original art piece, would like to continue to display and maintain the turtle sculpture but donate the sculpture’s ownership to the City; and the City’s Public Art Advisory Board, under the City’s Public Art Plan, at page 44, provides a review process for the acceptance of all gifts/donations of art and to forward a recommendation to the City Commission on the proposed gift; and at the September 7, 2026, Public Art Advisory Board (PAAB) meeting, the Board unanimously recommended that the City Commission agree to accept ownership of the Wyland Sea Turtle sculpture, provided the attached agreement relating maintenance and location be approved and executed by the parties; and; as part of the transfer to the City, the parties have agreed to a Public Art Donation Agreement, which agreement is attached and incorporated by this reference into this Resolution as Exhibit A; and the Sculpture has an appraised value of $2,600,000.00, as reflected in the appraisal prepared by VALIA GARZON DÍAZ, VALIA GARZÓN ART SERVICES LLC, dated August 30, 2026, which appraisal is included as an exhibit in the Agreement; and RESOLUTION #2026-_____ 2 WHEREAS, the City Commission desires to consider the Donor's offer to donate the sculpture to the City pursuant to the terms and conditions of the Public Art Donation Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “WHEREAS” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the proper City officials are authorized to execute the Public Art Donation Agreement, which Agreement is attached as Exhibit “A” and incorporated by this reference. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be effective 10 days after passage and 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 1 PUBLIC ART DONATION AGREEMENT THIS PUBLIC ART DONATION AGREEMENT (hereinafter called the “Agreement”) made and entered into this __ day of ___________, 2026, by and between DANIA BEACH RENTALS, LLC, whose address is 3211 Ponce de Leon Boulevard, Suite 301, Coral Gables, Florida 33134 (“Donor”), and the CITY OF DANIA BEACH, FLORIDA a municipal corporation of the State of Florida, in Broward County, (the “City”) (Donor, together with the City referred to as the “Parties”). RECITALS WHEREAS, Donor wishes to donate to the City a customized version of a work of art known as “The Sea Turtle Beach”, which is more specifically described and depicted in Exhibit A and referred to herein as the “Sculpture”; WHEREAS, the Sculpture is a customized version of a one-of-a-kind sculpture, which was commissioned by Donor and completed by artist Robert Wyland (“Artist”); WHEREAS, in accordance with Chapter 28, City Code of Ordinances, the Sculpture and its location for display was approved by the City Commission on October 25, 2022, pursuant to Resolution No. 2022-161, upon the recommendation of the City’s Public Art Advisory Board for the approval of Dania Beach Rentals, LLC’s Art in Public Places; and WHEREAS, pursuant to the City Commission’s approval, Donor has installed and displayed the Sculpture at the property located at 601 East Dania Blvd., Dania Beach, FL 33004, owned by Dania Beach Rentals, LLC (the “Property”); WHEREAS, Dania Beach Rentals, LLC wishes to donate the Sculpture to the City to continue its public display at the Property; WHEREAS, Dania Beach Rentals, LLC, its successors and assigns, as the fee simple owner of the Property (“Property Owner”), has reviewed and consents to the display and continued installation of the Sculpture on the Property and to the terms and conditions of this Agreement to the extent applicable to the Property; WHEREAS, Resolution No. 2022-161, adopted on October 25, 2022, approved the installation of the Sculpture at the Property and authorized the execution of an on-site public art agreement in connection therewith; and WHEREAS, the City Commission desires to consider the Donor's subsequent offer to donate the Sculpture to the City pursuant to the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, the Parties mutually agree and bind themselves as set forth herein: 2 TERMS 1. The foregoing recitals are true and correct and are made a part hereof. 2. Donor hereby certifies that it is the true and sole owner of the Sculpture, has good and complete right, title, and interest in and to the Sculpture, and has full authority to give, transfer and assign its right, title and interest in and to the Sculpture. 3. Donor hereby conveys by donation the Sculpture, together with its legal title, and the City hereby accepts the donation of the Sculpture under the terms, qualifications and conditions as set forth in this Agreement. Donor intends by this donation to relinquish all legal claim of right of title and ownership to the Sculpture. Donor acknowledges that, -- upon the City’s acceptance pursuant to this Agreement, the City shall become the sole titleholder and owner of the Sculpture. The City’s acceptance of the donation and transfer of title to the Sculpture shall not become effective until: (a) the City Commission approves the donation; (b) the Parties execute this Agreement; and (c) the Property Owner executes and records the declaration or covenant required by this Agreement. 4. The Sculpture has an appraised value of $2,600,000.00, as reflected in the appraisal prepared by VALIA GARZON DÍAZ, VALIA GARZÓN ART SERVICES LLC, and dated August 30, 2026, which appraisal is attached and incorporated into this Agreement as Exhibit B. 5. Donor certifies that the Sculpture is a customized version of a work of art created by the Artist. Donor warrants that the Sculpture is free of any encumbrances or restrictions and is not subject to any claims of royalties, or copyright, or trademark infringement. Donor further certifies that there are no existing agreements between Donor and the Artist regarding the Sculpture, including but not limited to, its use, ownership, alteration, reproduction, or display. 6. Donor or the Property Owner, either performing the work itself or through a licensed and insured contractor engaged by Donor or the Property Owner to perform the work, shall be responsible for the maintenance of the Sculpture, and shall ensure the Sculpture remains in good order and repair at all times and in an attractive, clean and sanitary condition. 7. The Sculpture shall remain at its current location unless relocation or removal is approved in writing by the City and the Property Owner. Notwithstanding the foregoing, the Property Owner may take temporary emergency measures reasonably necessary to protect persons or property from an imminent threat arising from the Sculpture, provided the Property Owner promptly notifies the City. If redevelopment, structural conditions, casualty, public safety concerns, or other circumstances make continued placement at the Property impracticable, the Parties shall cooperate in good faith to identify an appropriate alternative location. The Sculpture shall not be materially altered without the City’s prior written approval, except for routine maintenance performed in accordance with accepted conservation practices or emergency measures reasonably necessary to protect persons or property. 3 8. While located on the Property, the Sculpture shall remain readily visible to the public from a publicly accessible area during the Property’s customary hours of operation. Nothing in this Agreement requires the Property Owner to permit public access to portions of the Property not otherwise open to the public. 9. The Property Owner, as the fee simple owner of the Property, hereby acknowledges and consents to the continued location and public display of the Sculpture on the Property and to the terms and conditions of this Agreement to the extent applicable to the Property. The Property Owner shall execute a declaration or covenant granting the City, its employees, agents, contractors, and designees a nonexclusive license to enter the Property at reasonable times, upon reasonable prior notice except in an emergency, for the purpose of inspecting, maintaining, repairing, protecting, or removing the Sculpture. The declaration or covenant shall include a legal description of the Property, shall bind the Property Owner and its successors and assigns, and shall be recorded in the Public Records of Broward County, Florida, at the Property Owner’s expense. The license shall remain effective for so long as the Sculpture remains located on the Property. 10. The Property Owner, as the fee simple owner of the Property, shall, at its sole cost and expense, procure and maintain in full force and effect throughout the term of this Agreement, insurance coverage for the Sculpture against loss, theft, fire, vandalism, and such other risks of physical loss or damage as are customarily covered with respect to works of public art of similar nature, value, and location. Such insurance shall be in an amount not less than the then current appraised value of the Sculpture and shall name the City as an additional insured with respect to liability coverage arising from the installation and display of the Sculpture and as loss payee with respect to the Sculpture. . Within thirty (30) days of receiving a written request by the City, the Property Owner shall provide the City certificates of insurance and applicable endorsements evidencing the required coverage. Insurance proceeds attributable to damage to or loss of the Sculpture shall be payable to the City and used, in the City’s discretion, for restoration, repair, relocation, replacement, or other disposition consistent with applicable law. The obligation to maintain insurance as set forth herein shall be in effect for so long as the Sculpture remains located on the Property. 11. The Parties agree that as the sole titleholder to and owner of the Sculpture, the City is authorized, at its sole discretion and without any additional consent from Donor or the Artist, to make and distribute, and authorize the making, display and distribution of, photographs and other two-dimensional reproductions of the Sculpture, including but not limited to, advertising, educational, and promotional materials, brochures, books, flyers, postcards, print, broadcast, film, electronic, and multimedia publicity, and catalogues or similar publications. Reproductions by the City shall contain a credit to Artist. To the extent reasonably practicable, reproductions of the Sculpture by the City shall include credit to the Artist and an acknowledgment that the Sculpture was donated by the Jose Milton Family. 12. It is expressly understood and agreed that this Agreement shall bind and benefit the City, Donor, and Property Owner and their respective successors and permitted assigns. The obligations relating to the location, maintenance, insurance, visibility, and protection of the Sculpture, together with the City’s rights of entry and access, shall also be included in the 4 separately recorded declaration or covenant required by this Agreement. If the Property is transferred, the Property Owner shall provide the prospective transferee with written notice of this Agreement and the recorded declaration or covenant before completing the transfer. The Property Owner shall be responsible for preparing the legal description and paying all costs associated with recording the declaration or covenant. The form and substance of the instrument shall be subject to the City Attorney’s approval. 13. Any notice, request, demand, approval, or consent given or required to be given under this Agreement shall be in writing and shall be deemed as having been given when mailed by United States registered or certified mail, return receipt requested, postage prepaid, to the other parties at the addresses stated below or at the last address provided by a party to the other party at which to receive notice: DONOR: Rex Barker 3211 Ponce de Leon Blvd. Suite 301 Coral Gables, FL 33134 and Iris V. Escarra, Esq. Greenberg Traurig, P.A. 333 SE 2nd Avenue, 44th Floor Miami, FL 33131 CITY: Candido Sosa-Cruz, ICMA-CM City Manager City of Dania Beach 100 W Dania Beach Blvd. Dania Beach, FL 33004 and Eve A. Boutsis, City Attorney City of Dania Beach 100 W Dania Beach Blvd. Dania Beach, FL 33004 14. The Parties expressly acknowledge that the Sculpture will be displayed on private property, and the City shall not be deemed to have assumed, nor shall it be responsible for, any duty, obligation, or liability arising from the location, installation, or display of the Sculpture on the Property. The City shall not be liable for any injury, damage, loss, or claim occurring on the Property related to the Sculpture or otherwise, unless the result of the negligence, omission, or 5 intentional act of City, its officials, officers, employees, or agents. Nothing in this Agreement shall be construed as creating any duty or liability on the part of the City beyond that provided by applicable law, and nothing herein shall be deemed a waiver of the City's sovereign immunity or the limitations of liability set forth in Section 768.28, Florida Statutes. 15. This Agreement shall be subject to Florida’s Public Records Laws, §119 Florida Statutes. Donor understands the broad nature of these laws and agrees to comply with Florida’s public records and laws relating to records retention. 16. This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Florida. The location of any legal action or proceeding commenced under or pursuant to this Agreement shall be in Broward County, Florida. Each party shall be responsible for its own attorneys’ fees and costs incurred as a result of any action or proceeding under this Agreement. The parties agree to waive any right to a trial by jury of any civil litigation related to this Agreement. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 17. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority to bind their respective party to this Agreement. This Agreement contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by in writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. 18. If the Donor or Property Owner fails to perform any material obligation under this Agreement, the City shall provide written notice specifying the nature of the default. The Donor or Property Owner shall have thirty (30) days after receipt of such notice to cure the default, or such longer period as may be reasonably necessary provided the cure is diligently pursued. If the default is not timely cured, the City may pursue any rights or remedies available at law or in equity. SIGNATURES ON THE FOLLOWING PAGES 6 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO LEGAL FORM AND CORRECTNESS EVE A. BOUTSIS, CITY ATTORNEY CANDIDO SOSA-CRUZ, ICMA-CM CITY MANAGER 7 DONOR: WITNESSES: DANIA BEACH RENTALS LLC SIGNATURE SIGNATURE PRINT Name PRINT Name SIGNATURE Title PRINT Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on , 2026, by _______________ (name), _______________________ (title), of , who is personally known to me or has produced as identification. NOTARY PUBLIC My Commission Expires: State of Florida 8 Exhibit “A” Sculpture REl'fl.ESEflTATJVE lfiEE l'HOTOS • REPRE.SEHTATNE �U91 01'0.JUOCOYER PHOTOS EXHIBIT "A" EAST DANIA BEACH BOULEVARD Ei)'!.!-�IEO.ID'LJltjD_S.C.Ulff\JBE£LAN Cl < 0 a::: ::;; < w a::: fen u. ...J ::, (!) 3 .- � G 9 Exhibit “B” Appraisal Page 1 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com Page 2 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com Sea Turtle Beach, 2025 Monumental Bronze and Steel Sculpture Group 8,000 pounds Unique Piece Fair Market Value: $2,600,000.00 PREPARED BY VALIA GARZON DÍAZ VALIA GARZÓN ART SERVICES LLC FOR JOSEPH MILTON 3211 Ponce de León Blvd Suite 301 Coral Gables, FL. 33134 Page 3 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com TABLE OF CONTENTS COVER LETTER ................................................................................................................................................... 4 DEFINITION OF VALUE .................................................................................................................................... 4 APPROACH TO VALUE ..................................................................................................................................... 5 SCOPE OF WORK ............................................................................................................................................ 5 ASSIGNMENT CONDITIONS, EXTRAORDINARY ASSUMPTIONS, AND LIMITING CONDITIONS. ........................................... 6 CONDITION ................................................................................................................................................... 6 AUTHENTICITY ............................................................................................................................................... 6 TERMS AND CONDITIONS .................................................................................................................................. 7 USPAP CERTIFICATION .................................................................................................................................... 7 BODY OF THE APPRAISAL REPORT ......................................................................................................................... 9 Sea Turtle Beach, 2025 .......................................................................................................................... 9 COMMENTS ABOUT THE PIECE ................................................................................................................... 11 VALUATION COMMENTS ........................................................................................................................... 14 ADDENDUM .................................................................................................................................................... 15 ADDENDUM I. METHODOLOGY AND BEST PRACTICES. USPAP RULES .................................................................... 15 ADDENDUM II. APPRAISER QUALIFICATIONS ..................................................................................................... 17 August 30, 2026 Page 4 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com COVER LETTER Joseph Milton 3211 Ponce de León Blvd Suite 301 Coral Gables, FL. 33134 Re: Appraisal of property located at 601 E. Dania Beach Blvd., Dania Beach, FL 33004 Sea Turtle Beach, 2025 Monumental Bronze and Steel Sculpture Group 8,000 pounds Unique Piece Dear Joseph Milton: As requested by you, I made this appraisal report of the piece referred to in the headline. The objective of the appraisal is to determine the Fair Market Value of the listed property. The purpose of this appraisal is to provide all the necessary information regarding the Fair Market Value of the item so that you can make decisions about it in the near future. Any other use renders this appraisal null and void. This USPAP1-compliant Appraisal Report is intended for use only by you, a designated attorney and/or accountant, and the professionals you designate. The use of this report by others is not intended. In summary, the Fair Market Value of the appraised property total is $ 2,600,000 (Two million six hundred thousand dollars). DEFINITION OF VALUE The value being determined in this report is Fair Market Value. The definition of Fair Market Value is set forth in Treasury Regulation §1.170A-1© (2), which states that Fair Market Value is “the price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts.” The definition of Fair Market Value is expanded in the Treasury Estate Tax Regulation §20.2031 -1(b), stating, “Nor is the Fair Market Value of an item of property to be determined by the sale price of the item in a market other than 1 Uniform Standards of Professional Appraisal Practice (USPAP). USPAP standards, since 1989, are guiding principles for appraisal practice, ensuring consistency, reliability, and credibility. Page 5 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com that in which such item is most commonly sold to the public, taking into account the location of the item wherever appropriate." The tax court in Anselmo v. Commissioner2 held that there should be no distinction between the definition of Fair Market Value for different tax uses; therefore, the combined definition is used in this report. Please note that the IRS has determined that Fair Market Value is a gross value that on e would expect to be realized if the item had been sold on the effective valuation date. This Fair Market Value is a measure of the amount that would be obtained, which includes any buyer´s premiums and not the amount that would be retained. APPROACH TO VALUE The Fair Market Value has been determined in this appraisal by the sales comparison approach. This approach to valuation analyzes comparable sales data as are available to indicate a value conclusion within the market considered most common for the property3. The income approach, which calculates the present worth of future income or a stream of earnings, was not used as the property was not considered to be income-producing. The cost approach, which analyzes comparable cost data as are available to replace the property being appraised with a suitable substitute, was also not used as the intended use is not for replacement. SCOPE OF WORK I was asked by you to perform an appraisal that would enable you to make decisions about the future of the property. Therefore, the scope of the work included reviewing the photographs and information gathered on the day of the inspection, researching the various relevant markets for comparable sales transactions, and analyzing the data to reach a well-founded conclusion. I then determined the fair market value of the property and reported the results of the engagement using the “Appraisal Report” option under USPAP. The methodology proposed supports best practices since it follows the rules and regulations of Uniform Standards of Professional Appraisal Practice (USPAP), established by The Appraisal Foundation and authorized by Congress as the Source of Appraisal Standards and Appraiser Qualifications (See Addendum). The property is described using the Object ID method4, commonly accepted within the appraisal industry, 2 757 F.2d 1208 (11th Cir. 1985) 3 Source: ISA Core Course in Appraisal Studies, page L1-17. 4 An international standard that defines the minimal information needed to identify art, and antiques, developed through the collaboration of the museum community, police and customs agencies, the art trade, the insurance industry, and appraisers of art and antiques. Page 6 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com and researched commensurate with its value. The market-level selection was based on the property's most appropriate use in the most common market for the appraisal's intended use. Thus, the markets considered, and the recent asking prices reviewed for items comparable to the piece listed include art galleries and auction houses where such property is sold to the public. As part of my research, I consulted galleries and advisors who specialize in the sale of monumental art for public spaces. I have also analyzed the artist’s career and the fact that his works are primarily sold through his own gallery. For this reason, I consulted directly with Ms. Karen McMaster of Wyland Worldwide LLC in Laguna Beach, CA, who confirmed the current market value of this work (the email correspondence I had with Ms. McMaster is included in the workfile accompanying this report). The detailed rationale for the market value I have assigned to this work can be found in the body of the appraisal report (see the comments on the valuation). ASSIGNMENT CONDITIONS, EXTRAORDINARY ASSUMPTIONS, AND LIMITING CONDITIONS. On August 28, 2026, Lazaro Veliz, member of my team, inspected and photographed the piece at its permanent location, at 601 E. Dania Beach Blvd., Dania Beach, FL 33004. Therefore, the information in the inventory corresponds to the current state of the piece. The photographs taken meet the quality standards required for the appraisal process. A sufficient number of images were taken, including several views of the piece, such as a group of pictures taken from different angles. For reasons of space, not all of these images are included in the report, but they can be found in the accompanying workfile. CONDITION The piece is in excellent condition. At the time of inspection, a member of my team was able to verify that the work is correctly installed, outdoors, and in the necessary conditions for its long-term conservation. External advisors with experience in public works installation and the artist himself are available to monitor the cleaning and preservation of the piece. In the file you have on this work, there is also a document in which the artist explains all the conservation and cleaning measures the piece will require in the future. AUTHENTICITY The artwork is accompanied by a certificate of authenticity issued by the artist on August 11, 2025. The artwork was purchased directly from the artist, who oversaw its transport and installation. I have access to the piece's provenance documentation, and to all the documentation regarding the origin of the work, including the method and materials used to create it. Page 7 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com TERMS AND CONDITIONS The appraised value is based upon the owner's whole interest and possessory interest, undiminished by any aliens, fractional interests, or any other form of encumbrance or alienation. However, this appraisal is not an indication or certificate of title or ownership. The value conclusions expressed herein are based on my best judgment and opinion. They are not a representation or warranty that the item will realize those values if offered for sale at auction or otherwise. The value expressed is based on current information on the date the appraisal was made. No opinion is expressed as to any past value, nor, unless otherwise expressly stated, any future value. I regard all information concerning this appraisal as confidential. I have retained a copy of this document and my original notes for five years, and I will not allow others to access these records without your written permission unless ordered by a court of law. Except for you, possession of this report or its copy does not carry the right of publication, nor may this report be used for any objective by anyone other than the authorized users without my previous written consent. If this report is reproduced, copied, or otherwise used, it must be done in its entirety, including the cover document and all attachments. Furthermore, no change to any item in this appraisal shall be made by anyone other than the appraiser. Should, in conjunction with this appraisal, additional appraising services be requested by you, your agent or lawyer, or the courts (such as for added time researching for other value objectives, pretrial conferences, court appearances, court preparations, etc.), compensation for same shall be at the customary hourly rate charged by the appraiser at that time and shall be paid by the client immediately upon receipt of a statement for said work. I am a qualified appraiser with an Accredited designation from the International Society of Appraisers (ISA). I regularly perform appraisals for which I receive compensation. My education and experience demonstrating the valuation of the property type in this appraisal can be found in my curriculum vitae, located at the end of this report. Because of my background, experience, education, and membership in a professional appraisal association, I am qualified to make appraisals of the property subject to this appraisal. This report was prepared in accordance with the principles and procedures for the evaluation and valuation of personal property as prescribed by the current version of the International Society of Appraisers Appraisal Report Writing Standard and Code of Ethics. USPAP CERTIFICATION I certify that to the best of my knowledge and belief: Page 8 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com a. The statements of fact contained in this report are true and correct. b. The reported analyses, opinions, and conclusions are limited only by the reported critical assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. c. I have no undisclosed past, present, or contemplated future interest in the property that is the subject of this report and no personal interest concerning the parties involved. d. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding the agreement to perform this assignment. e. I have no bias concerning the property that is the subject of this report or to the parties involved with this assignment. f. My engagement in this assignment was not contingent upon developing or reporting predetermined results. g. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. h. I personally inspected the artwork that is the subject of this report. i. My analyses, opinions, and conclusions were developed, and this report has been prepared in conformity with the current version of The Appraisal Foundation´s Uniform Standards of Professional Appraisal Practice (USPAP). j. No other appraiser provided significant professional assistance to the person signing this certification. Sincerely, Valia Garzón Díaz Accredited Member, International Society of Appraisers (ISA) EIN 82-2888240 Page 9 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com BODY OF THE APPRAISAL REPORT Sea Turtle Beach, 2025 Monumental Bronze and Steel Sculpture Group 8,000 pounds Unique Piece SIGNATURE: No PROVENANCE: Acquire from the artist CERTIFICATE OF AUTHENTICITY: Issued and signing by the artist, August 11, 2025 CONDITION: Excellent FAIR MARKET VALUE: $2,600,000.00 Page 10 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com Page 11 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com COMMENTS ABOUT THE PIECE Sea Turtle Beach is not a single sculpture, but a sculptural group composed of several independent elements assembled on a common base. The centerpiece is a large-scale green sea turtle (Chelonia mydas), shown in a swimming pose. The shell is rendered in polychrome bronze, using variations of ochre, brown, and beige to reproduce the species' characteristic scutellated texture; the plastron and fins, lighter in tone, feature a mottled gray-and-white pattern. The head oriented upward and forward, together with the outstretched front fins, gives the figure the appearance of being suspended in motion within the water. Page 12 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com Surrounding the turtle, mounted on a steel armature that simulates a coral outcrop, are freestanding figures of reef fish—including a blue surgeonfish and a second, unidentified specimen at the base of the coral—along with a separate soft-coral element crafted from reddish openwork sheet metal, attached to the rocky base as an independent piece. Page 13 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com This supporting structure is not merely a decorative pedestal: it functions as a narrative setting that integrates fauna and substrate into a single cohesive installation, in keeping with the large -scale marine sculptural groups Wyland has created in various locations worldwide (Beijing, Alaska, Hawaii, among others). Wyland is internationally renowned for his "Whaling Walls" series—more than a hundred large-scale murals dedicated to marine life, painted in cities around the world—as well as for his sculptures and paintings centered on cetaceans, sea turtles, and reef ecosystems. An ocean-conservation message runs through all of it, as the central theme of his entire body of work. Page 14 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com VALUATION COMMENTS Different factors condition the value of monumental pieces: • The limited availability • The condition of the piece • The generally high demand for pieces to be placed in public spaces • Its provenance • The placement of works in private spaces and public institutions, such as museums, limits access to pieces that can be located in spaces managed by private initiative but located in places with public access. To value Sea Turtle Beach, 2025, I analyzed: Its unique character: After gaining worldwide recognition for his monumental mural series, Wyland turned his creative focus to three-dimensional work with the project "100 Monumental Sculptures in 100 Great Cities," which remains in progress today. The project involves installing large-scale bronze sculptures—whales, hammerhead sharks, dolphins, sea turtles, and other endangered species—in public spaces, universities, aquariums, boardwalks, and city centers around the world. Among the largest pieces in this sculptural series is the work under appraisal, which was likewise conceived as a unique piece, with no editions. The significance of the location where it has been placed and the number of people who interact with the sculpture daily: The property is located in the gardens of Sea View at Dania, a 13-story, “resort-style” residential tower with 384 units, on Dania Beach Boulevard. This site is less than half a mile from the Dania Beach Fishing Pier, just a few minutes from Fort Lauderdale-Hollywood International Airport (FLL) and located along the same corridor as the Dania Pointe shopping and entertainment center. As far as could be verified, there is no official figure published by the city, the developer, or the county regarding the volume of people passing through that specific location (there is no specific pedestrian or vehicle count for that corner of Dania Beach Boulevard). However, given its location, it can be assumed that a large number of people pass through the area and interact with the construction site every day. Page 15 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com ADDENDUM ADDENDUM I. METHODOLOGY AND BEST PRACTICES. USPAP RULES The five USPAP Rules and Standards that our assignments followed are: Ethics Rule: This Ethics Rule is divided into three sections: Conduct, Management, and Confidentiality, which apply to all appraisal practices. An appraiser must perform assignments with impartiality, objectivity, and independence without accommodating personal interests. An appraiser must not accept an assignment or have compensation for an assignment that is contingent on any of the following: the reporting of a predetermined result; a direction in assignment results that favors the cause of the client; the amount of a value opinion; the attainment of a stipulated result or the occurrence of a subsequent event directly related to the appraiser's opinions and specific to the assignment's purpose. An appraiser must protect the confidential nature of the appraiser-client relationship. An appraiser must act in good faith concerning the client's legitimate interests in using confidential information and the communication of assignment results. An appraiser must be aware of and comply with all confidentiality and privacy laws and regulations applicable in an assignment. Record-Keeping Rule: An appraiser must prepare a workfile for each appraisal. A workfile must be in existence before the issuance of any report or other communication of assignment results. The workfile will accompany the appraisal report and will be delivered as part of the assignment completed. An appraiser must retain the workfile for five years after preparation or at least two years after final disposition of any judicial proceeding in which the appraiser provided testimony related to the assignment, whichever period expires last. Competency Rule: When factors or conditions are discovered during an assignment that causes an appraiser to determine, at that time, that he or she lacks the required knowledge and experience to complete the assignment competently, the appraiser must notify the client; take all steps necessary or appropriate to complete the assignment competently; and describe, in the report, the lack of knowledge and/or experience and the steps taken to complete the assignment competently. Page 16 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com Scope of Work Rule: For each appraisal, an appraiser must: identify the problem to be solved, determine and perform the scope of work necessary to develop credible assignment results, and disclose the scope of work in the report. Jurisdictional Exception Rule: Recognizes that local law and public policy take precedence over USPAP. If any applicable law or regulation precludes compliance with any part of USPAP, only that part of USPAP becomes void for that assignment. Law includes constitutions, legislative and court-made laws, and administrative rules and ordinances. Regulations include rules or orders having legal force issued by an administrative agency. Page 17 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com ADDENDUM II. APPRAISER QUALIFICATIONS VALIA GARZON DIAZ Valia Garzón Díaz is an appraiser based in Washington, DC.; Miami, FL.; and New Orleans, LA. She is an expert in American, Latin American, Caribbean, and Central American Art, with expertise in paintings, sculptures, prints, drawings, photographs, and multimedia art projects. She has experience in research and provenance documentation and works with private, corporate, and institutional clients in the US and abroad. APPRAISAL EDUCATION: International Society of Appraisers, Core Course in Appraisal Studies (2018) International Society of Appraisers Annual Conference (2018) Appraising in the World of High-Net-Worth Individuals, International Society of Appraisers (2019) Appraisal of Fine Arts Course, International Society of Appraisers (2021) 15 Hour Personal Property USPAP Course (2018 // 2024) 7 Hour Personal Property USPAP Course (2021) Requalification Course, International Society of Appraisers (2024) EDUCATION: B.A. in Art History at the University of Havana, Cuba. PROFESSIONAL EXPERIENCE: Appraiser and Provenance Researcher. Valia Garzón Art Services, (2017 to present). This firm coordinates the work of different internationally recognized experts in Latin American art to offer various first -class services to public, private, and corporate collectors. Art Consultant. Consultores de Arte, Central America-Miami. (2003-2017). As a consultant, she provided specialized art services to Central and Latin American art collectors. She is recognized for her valuable contributions to collections focused on preserving regional heritage and exploring alternative ways of interaction among artists and international trends. Curator. Guatemalan Photograph Archive, at CIRMA (Center for Regional Mesoamerican Research), Antigua, Guatemala (1997-2003) Visual Art Expert. Casa de las Américas, Havana, Cuba (1992-1997) Page 18 of 18 1-(786) 4683873 valia@valiagarzonartservices.com www.valiagarzonartservices.com PUBLICATIONS: Her publications included countless articles for specialized journals and the following books: Memoria. Cuban Art of the 20th Century // Artes Visuales Cubanas del Siglo XX, California International Arts Foundation, Los Angeles, CA, 2001, 580 pages and a CD. Published in English and Spanish, it includes information about 576 artists and over 100 exhibitions of Cuban art and a comprehensive bibliography. Las hondas guatemaltecas // The Guatemalan slingshot, Fundación de La Ruta Maya, Ciudad de Guatemala, Guatemala, 2007, 283 pages. Julio Zadik. Un fotógrafo moderno en Guatemala, Zadik Editores, Ciudad de Guatemala, 2009, 240 pages. MEMBERSHIPS: International Society of Appraisers (ISA), USA