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2007-08-14 Regular City Commission Meeting Agenda Addendum Packet
ADDENDUM TO AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, AUGUST 14, 2007 - 7:00 P.M. 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 REQUIRED. REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE # 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. 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)924-3624,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. 5. PROCLAMATIONS 5.1 St. Ruth Missionary Baptist Church 99`h Anniversary 7. CONSENT AGENDA 7.14 RESOLUTION # 2007-146— Back-up Information AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, AUGUST 14, 2007 — 7:00 P.M. 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 REQUIRED. REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE N 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. 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)924-3624,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. 1. CALL TO ORDER 2. INVOCATION AND PLEDGE OF ALLEGIANCE Rabbi Avram Skurowitz, The Leon & Leona Brauser Maimonides Academy 3. ROLL CALL 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 4.1 Special Event Request for the LaMesa RV Show and Sale at Bass Pro Shops on August 21-28, 2007 4.2 Presentation and motion to approve the City of Dania Beach Debt Management Policy—Patricia Varney, Director of Finance (Continued from July 24, 2007) 5. PROCLAMATIONS 6. CITIZEN COMMENTS Addressing the Commission: Comments by Dania Beach citizens, or other interested parties that are not part of the regular agenda, may be made during each Commission meeting during the period set aside for"citizen comments." Dania Beach City Commission Agenda—August 14, 2007 Page 2 of 8 A thirty (30)minute"citizen comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk prior to the beginning of the meeting of their intention to speak. If more than 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. 7. CONSENT AGENDA 7.1 Minutes: Approve Minutes of the July 16, 2007 CIP Workshop Approve Minutes of the July 19, 2007 Abatement Hearing Approve Minutes of the July 24 Budget Workshop Approve Minutes of the July 24, 2007 City Commission Meeting 7.2 Travel Requests: Request of Vice-Mayor Albert Jones to attend the Florida League of Cities Annual Conference in Orlando, Florida, from August 16-19, 2007 (Estimated cost $984, remaining budget $6,983) 7.3 Renewal of Local Business Tax Receipt for a Palmistry/Fortune Teller License for Sylvia Sabrina Mitchell for property located at 2511 Stirling Road 7.4 Renewal of Local Business Tax Receipt for a Palmistry/Fortune Teller License for Rose Williams, d/b/a Rose, for property located at 1410 S. Federal Highway 7.5 Renewal of Local Business Tax Receipt for a Palmistry/Fortune Teller License for Peggy Lee, d/b/a Peggy Lee, for property located at 219 N. Federal Highway 7.6 Renewal of Local Business Tax Receipt for a Palmistry/Fortune Teller License for Elizabeth Miller, d/bra Astrology Fortune Teller, for property located at 2730 Griffin Road 7.7 Renewal of Local Business Tax Receipt for an Auctioneer License for Jay Kodner for property located at 45 S. Federal Highway P Y 7.8 Renewal of Local Business Tax Receipt for an Auctioneer License for Jay Kodner for property located at 6 S. Federal Highway Dania Beach City Commission Agenda—August 14, 2007 Page 3 of 8 Resolutions 7.9 RESOLUTION 42007-139 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE BUS BENCH ADVERTISING CONTRACT EXISTING BETWEEN THE CITY AND MARTIN OUTDOOR MEDIA, INC. TO PROVIDE FOR AN EXTENSION OF THE LENGTH OF THE TERM SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION 42007-140 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, URGING THE GOVERNOR OF THE STATE OF FLORIDA TO CREATE BY EXECUTIVE ORDER A SPECIAL STATEWIDE PANEL OF INTERDISCIPLINARY EXPERTS TO STUDY THE RECENT RISE IN VICIOUS DOG ATTACKS; REQUESTING THAT THIS SPECI.AL PANEL EXAMINE THE EXTENT OF THE VICIOUS DOG PROBLEM THROUGHOUT THE STATE OF FLORIDA, AS WELL AS CONSIDER THE CAUSES AND IDENTIFY POTENTIAL SOLUTIONS TO THE RECENT INCREASE IN DOG ATTACKS; SPECIFICALLY URGING THE PANEL OF EXPERTS TO STUDY THE EXTENT TO WHICH DOG OWNERS MAY BE HELD ACCOUNTABLE FOR INJURIES AND DAMAGE CAUSED AS A RESULT OF DOG BITES; URGING THAT THE SPECIAL PANEL BE COMPRISED OF INDIVIDUALS OF VARIOUS RELEVANT BACKGROUNDS AND DISCIPLINES, AND ASKING THAT THE PANEL HOLD PUBLIC HEARINGS TO SOLICIT THE INPUT OF THE GENERAL PUBLIC; REQUESTING THAT THE PANEL MAKE SPECIFIC RECOMMENDATIONS TO THE GOVERNOR, THE LEGISLATURE OF THE STATE OF FLORIDA, COUNTY COMMISSIONS THROUGHOUT THE STATE AS WELL AS CITY COMMISSIONS THROUGHOUT THE STATE IN AN EFFORT TO PROTECT PUBLIC SAFETY WHILE ENSURING THE RIGHTS AND RESPONSIBILITIES OF DOG OWNERS THROUGHOUT THE STATE; OFFERING THE CITY OF DANIA BEACH, FLORIDA AS A TEST VENUE TO INITIATE THE STUDY BY THE STATEWIDE PANEL OF EXPERTS; DIRECTING THAT THIS RESOLUTION BE FORWARDED TO THE GOVERNOR, MEMBERS OF THE FLORIDA LEGISLATURE, THE BROWARD COUNTY LEGISLATIVE DELEGATION, THE BROWARD COUNTY LEAGUE OF CITIES, THE FLORIDA LEAGUE OF CITIES, AND THE BROWARD COUNTY COMMISSION; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.11 RESOLUTION 92007-141 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE MICROSOFT LICENSES FOR CITY COMPUTERS IN AN AMOUNT NOT TO EXCEED $20,461.00, UNDER THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CONTRACT NO. 255-001-01-1, Dania Beach City Commission Agenda—August 14, 2007 Page 4 of 8 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.12 RESOLUTION #2007-144 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE REPLACEMENT AND INSTALLATION OF SIDEWALK SERVICES IN AN AMOUNT NOT TO EXCEED $30,000.00 IN FISCAL YEAR 2006-2007, FROM MEF CONSTRUCTION INC. UNDER SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP BID #05-06-012; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.13 RESOLUTION #2007-145 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE BULK HIGH-CALCIUM QUICKLIME FROM CARMEUSE LIME, INC., IN AN AMOUNT NOT TO EXCEED $30,000.00 IN FISCAL YEAR 06/07, UNDER THE CARMEUSE PROPOSAL OF CITY OF TAMARAC BID #06-33B; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.14 RESOLUTION #2007-146 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE LAWN AND LANDSCAPE MAINTENANCE SERVICES IN AN AMOUNT NOT TO EXCEED $31,050.00 FROM PRESTIGE PROPERTY MANAGEMENT AND MAINTENANCE, INC. WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Titles to be read by City Attorney) 7.15 ORDINANCE 42007-017 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 6, "BEACHES, PARKS AND RECREATION", OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 6-33 "SCHEDULE OF CHARGES", TO INCREASE THE PARKING FEES FOR MOTOR VEHICLES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFETIVE DATE. (FIRST READING) 7.16 ORDINANCE #2007-018 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA REPEALING SECTION 11-46.1 OF THE CODE OF ORDINANCES OF THE Dania Beach City Commission Agenda—August 14, 2007 Page 5 of 8 CITY OF DANIA BEACH, FLORIDA, ENTITLED "ESTABLISHMENT OF FEES" AND CREATING A NEW SECTION 11-46.1 TO ALSO BE ENTITLED "ESTABLISHMENT OF FEES" TO INCREASE FEES IN ORDER TO PROVIDE ADEQUATE FUNDING FOR THE RISING COST OF PROVIDING FIRE SAFETY INSPECTION SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.17 ORDINANCE 42007-019 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA REPEALING SECTION 25-127 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, ENTITLED "VARIANCE'; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 8. BIDS AND REQUESTS FOR PROPOSALS 8.1 RESOLUTION 42007-143 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH ELECTRICAL CONTRACTING SERVICE, INC. FOR THE FROST PARK FIELD LIGHTING POLE REPLACEMENT PROJECT IN AN AMOUNT NOT TO EXCEED $39,854.00; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING, FURTHER, PROVIDING FOR AN EFFECTIVE DATE, 9. PUBLIC HEARINGS 9.1 ORDINANCE #2007-014 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING AN AMENDMENT TO CHAPTER 28 OF THE CODE OF ORDINANCES RELATING TO THE INDUSTRIAL-GENERAL (IG) ZONING DISTRICT TO PROVIDE FOR ADDITIONAL PERMITTED USES AND REGULATIONS FOR CERTAIN DESCRIBED LANDS WITHIN SUCH ZONING DISTRICT WHICH AREA IS GENERALLY NORTH OF THE DANIA CUT- OFF CANAL AND SOUTH OF TAYLOR LANE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Dania Beach City Commission Agenda—August 14, 2007 Page 6 of 8 9.2 ORDINANCE #2007-015 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST BY SALTZ MICHELSON ARCHITECTS REPRESENTING THE PROPERTY OWNER, BROWARD INTERNATIONAL COMMERCE CENTER, INC., TO REZONE PROPERTY LOCATED AT 280 BRYAN ROAD, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-3 (COMMERCIAL), TO C-4 (COMMERICAL); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 9.3 ORDINANCE 42007-016 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN IN RESPONSE TO A REQUEST BY FLORIDA POWER AND LIGHT, TO REDESIGNATE FROM "CONSERVATION" TO "UTILITIES" CERTAIN PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF SE 5T" AVENUE, BETWEEN SE 3RD STREET AND SE 3RD TERRACE (301 SE 5TH AVENUE), DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 9.4 RESOLUTION #2007-138 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY RABBI ANDREW SKUROWITZ ON BEHALF OF MAIMONIDES SHALOM ACADEMY, INC., FOR PROPERTY LOCATED AT 5300 SW 40TH AVENUE, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10 COMMISSION COMMENTS 10.1 Commissioner Bertino 10.2 Commissioner Castro 10.3 Commissioner Flury 10.4 Vice-Mayor Jones 10.5 Mayor Anton Dania Beach City Commission Agenda—August 14, 2007 Page 7 of 8 11. DISCUSSION AND POSSIBLE ACTION 11.1 Request by the I.T. Parker Advisory Board to use $3,895.00 from the I.T. Parker Trust Fund Account to install a new brick paver walkway at the entrance of I.T. Parker Community Center—Kurt Ely 11.2 Proposed Broward County Charter amendment granting the Broward County Planning Council authority over a municipality's decision to approve or deny a closure of a City roadway— City Manager Pato 11.3 RESOLUTION #2007-142 —Commissioner Castro A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING THE BROWARD COUNTY PLANNING COUNCIL'S PROPOSED AMENDMENT TO THE BROWARD COUNTY CHARTER AUTHORIZING BROWARD COUNTY, AT THE REQUEST OF AN AFFECTED MUNICIPALITY, TO APPROVE OR DENY ACTION BY MUNICIPALITIES WITH REGARDS TO ROAD CLOSURES BASED UPON THE EFFECT SUCH ACTION WOULD HAVE ON THE ACCESS TO ESSENTIAL SERVICES; URGING ALL MUNICIPALITIES IN BROWARD COUNTY, THE BROWARD COUNTY CHARTER REVIEW COMMISSION, THE BROWARD COUNTY COMMISSION, THE BROWARD LEAGUE OF CITIES, AND THE ELECTORS OF BROWARD COUNTY TO SUPPORT THE PLANNING COUNCIL'S PROPOSED CHARTER AMENDMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 12. APPOINTMENTS 12.1 Human Relations Board (10 Members—2 per Commissioner—2 Year Term) Commissioner Bertino— 1 appointment 12.2 Nuisance Abatement Board (5 Regular and 2 Alternate Members — 1 per Commissioner—Alternates by entire Commission—2 Year Term) Commissioner Flury— 1 appointment 2 Alternate positions 13 ADMINISTRATIVE REPORTS 13.1 City Manager 13.2 City Attorney 13.3 City Clerk - Reminders Dania Beach City Commission Agenda—August 14, 2007 Page 8 of 8 Tuesday, August 28, 2007—7:00 p.m. Regular City Commission Meeting Wednesday, September 5, 2007—6:00 p.m. CRA Board Meeting Tuesday, September 11, 2007— 7:00 p.m. Regular City Commission Meeting Wednesday, September 12, 2007—7:00 p.m. 1 s` FY 07/08 Budget Public Hearing Wednesday, September 19, 2007—7:00 p.m. Final FY 07/08 Budget Public Hearing Thursday, September 20, 2007 —6:00 p.m. Abatement Hearing Tuesday, September 25, 2007 — 7:00 p.m. Regular City Commission Meeting 14. ADJOURNMENT Ahk Vt" 101. 1 City of Dania Beach Department of Administration 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Office: (954)924-3606 Fax: (954)921-2604 The following attachment is an application for a Special Event that will be taking place on private property. If you have received this packet and your name or discipline has been checked on this cover sheet, please review the application and make any necessary comments and/or requirements, if any, at the bottom of this page, or attach a comment sheet. Please return this sheet, the application and any additional comment sheets to Kathy Herman in the Administration Department at your earliest convenience. Event Name: LaMesa RV Show and Sale at Bass Pro Shops Event Date: August 21 to August 28 [ ] Sean Brown [ ] Dominic Orlando [ ] Larry Leeds [ ] Phil Reeves [ ] Tom Ansbro [ ] Mary McDonald [ ] Chief Donn Peterson - BSO [ Louise Stilson, City Clerk for agenda [' ] Kristen Jones/Glenn Morris COMMENTS/ REQUIREMENTS: [ ]Approved [ ]See Comments Below [ ]See Attached Comment Sheet [ ] NA APPROVAL SIGNATURE OF REVIEWER: DATE: DATE DISTRIBUTED: City of Dania Beach 100 West Dania Beach Blvd., Dania Beach, FL 33004 SPECIAL EVENTS APPLICATION — Events on PRIVATE / PUBLIC PROPERTY Please PRINT or TYPE Event Na; e, Date, and Time: V �'�k ' �J d"& 'Brief Description of the Event: Sil�LL' 4! 3AZ NtL"tUl��r?2�5 Address/Location of Event: /g'y Slry '2¢ t G ✓r C, I)i 446; A41V' w �,�,/ —T Event Coordinator: SrG 4)(1 Phone#1: 90 YW-d jf E-mail Address: 52_evL e e /1XV, Phone #2: Fax: Additional Contact Person for the Event: %CJ.1'rrn/ Phone#1: 09-7w-2//C7 E-mail Address: /t'o� C?('rZ%Y1cT'q c y+r ti Phone#2: Fax: (%. - 7/U-ZI 1 Organization or Sponsor of Event: 1�4 XlFSi? ,6✓L CwrC1Z hvz �sZ�7G�.94� Address: jz ti J0/ Al City, State, Zip Code: Phone: g'l'_q- ;7y0 Fax: F19700-Z/21 Cell: Is this a Non-Profit Organization? [ ] Yes K No Tax ID#: Corporation Name(As it appears in the Articles of Incorporation): Date of Incorporation: i0-f'w State of Incorporation: /✓)tZA=✓/? A Federal ID #: ?/,-///7,34/l Authorizing Official for the Organization: �,9Zr✓'t'S �� �J�� I Phone#1: /5 1-fJV-fl/y[i E-mail Address: Phone#2: Authorizing Official for the Organization: Phone#1: g3 0.1-0z)Li E-mail Address: Phone #2: Special Events Application—Page 1 —Rev.MAY2006 Property Owner: C�� LV/,rJ *Please Note—A letter of Consent is required from the property owner for the approval of this application. Is the letter attached? [' Yes [ ] No Will any portion of this event take place on Public or City Property? [ ] Yes [-�Q No Will there be a charge for admission? [ ] Yes [DQ No If yes, how much? Has this event been held in the past? p(] Yes [ ] No If So, Indicate the city location of last event: *Is the event to take place: [ ] Indoors M Outdoors [ ] Both *Number of Expected Daily Attendants: ICO" O (BSO or Fire Details may be required -refer to page 6) *Please indicate the duration of the event: DAY DATE STAR oART TIME END TIME TOTAL #OF HOURS v e� O%GYt/Ir�'1 �e::v D u G ou lo;vp <v 17 .csr ..crT *Anticipated Date and Time to Begin Set-Up: AZUSi 23—/'�'? *Anticipated Date and Time for Completion of Break-Down: 7' 141z> !?lr- *Do you have a site plan for the event to be submitted with this application? pc] Yes [ ] No *Please Note—A site plan indicating the following conditions must accompany the application or the application will be rejected, resulting in a significant time delay. The fire department must have easy access to the special event area. The site plan must include the following: entrances and exits, emergency vehicle access routes, parking, general vehicular drive paths, fire hydrant locations, fire department connections, street closure requests, fenced areas, grandstand, bleacher or other seating locations, tent and stage locations, cooking areas, and locations of any pyrotechnic materials, etc. In addition, the site plan must include the location of any rides (animal or mechanical), petting zoos, exhibits, DJ's, bands, performers, sanitary facilities, recreation vehicles for overnight housing, etc. *Is there a request for any road closures? [ ] Yes [)d No *Please identify the street name(s) and/or locations for closure requests: Please Note— These streets must also be identified on the site plan. Special Events Application-Page 2-Rev.MAY20C6 *Are you requesting to fence the event? [ ] Yes t4 No Please Note-You must identify any fencing on the site plan. St_ *Will Canopies (No Sides) be used for this event? [?(jam b(] No - 4C9E_%t=We7M nr TzvY US470- *Please Note - All canopies in excess of 400 square feet [Per NFPA 1: Table 1.12.19(a)] require building permits and inspections. All canopies must be flame retardant. A certificate of flame retardency and a sample of the canopy fabric for field testing must be submitted for product approval with this application. This information can be obtained from the canopy manufacturer or the canopy rental company. Please apply for the permit at the Building Department located at 100 W. Dania Beach Blvd. *Will Tents (With Sides) be used for this event? [ ] Yes [)d No *Please Note - All tents in excess of 200 square feet [Per NFPA 1: Table 1.12.19(a)] require building permits and inspections. All tents must be flame retardant. A certificate of flame retardency and a sample of the tent fabric for field testing must be submitted for product approval with this application. This information can be obtained from the tent manufacturer or the tent rental company. If the tents have sides, they are treated as buildings. They must have two separate exits remotely located from each other with electrically illuminated exit signs that have a battery back-up. In addition, they must have emergency egress lighting and Fire Extinguishers. Provide a life safety plan for these tents indicating the location of all Exits, Exit Signs, Emergency Lighting, Aisle Spacing, Fire Extinguisher locations, etc. Permits must be obtained for all tents and electrical work. Please apply for all permits at the Building Department located at 100 W. Dania Beach Blvd. *Will electricity be required for this event? (Ex.for lighting,sound, cooking, other power needs, etc.) [I(] Yes [ ] No *How will this electricity be supplied? [ ] On-Site V<] Generator [ ] Combination of Both Please Note - The use of generators, temporary wiring, temporary electrical connections, etc. require permits and inspections. Please apply for the permit(s) prior to setting up at the Building Department located at 100 W. Dania Beach Blvd. Events requiring electricity are the responsibility of the applicant and must have a master electrician on site. *Will there be live entertainment at this event? [ ] Yes [51 No *Please indicate the type (Ex. Band, DJ, Live Performers, etc.): _JIM 7DAY e specif the hours of entertainment: DATE START TIME END TIME TOTAL#OF HOURS *Will a stage(s) be used in this event? [ ] Yes DQ No Please note Fire Extinguisher Requirement in the next question. *Do you have adequate fire extinguishers for this event? K Yes [ ] No *Please Note- Fire extinguishers must be supplied for each tent, canopy, cooking appliance and stage. They must be accessible from anywhere in the tent or on the stage without having to travel any further than 75 feet for access. Extinguishers must be easily accessible and not obscured from view. Fire extinguishers must be commercial "ABC Multi-Purpose" (minimum 5lbs.) fire extinguishers that are currently certified and tagged by a licensed company. Demonstrate that this requirement will be met by making a note on the site plan indicating all of the above requirements or providing a letter to the fire prevention bureau. Special Events Application-Page 3-Rev.MAY2006 Will there be concessions or sales of food at this event? [ ] Yes [ad No Please specify: *Please Note—An original Certificate of Liability Insurance and Worker's Compensation is required from all vendors. Ensure that the Certificate is for this specific event, has the proper dates, and names the City of Dania Beach as an Additional Insured. No event will be approved without this insurance. *Will any type of cooking appliances be used by either the Sponsor of the Event or any of its vendors? [ ] Yes W No *If so, indicate the type of appliance(s) to be used and the number of each appliance to be used: [ ] N/A [ ] Electric Grill(s); # [ ] Gas Grill(s); # [ ] Charcoal Grill(s), #_ [ ] Smoker Grills(s); # [ ] Grease Fryer(s), # [ ] Oven(s); # [ j Electric Range Burner(s); # [ ] Gas Range Burner(s); # *Please Note — Grease Fryers are not permitted indoors unless they are protected with an approved Hood and a UL300 Compliant Wet Chemical Automatic Fire Suppression System in accordance with NFPA 96. *Does each cooking appliance have its own dedicated Fire Extinguisher? [ ] Yes [ ] No A11A Please Note - Each cooking appliance must have its own dedicated fire extinguisher. Class K fire extinguishers are required for fryers. Demonstrate that this requirement will be met by making a note on the site plan indicating all of the above requirements or providing a letter to the fire prevention bureau. *Does each cooking area have the proper clearances from all other event areas? [ ] Yes [ ] No AI IA Please Note - Cooking areas can be located no closer than 30 feet from any tent or canopy structure, event rides, stages, grandstands or bleachers, etc. Ensure that this measurement is demonstrated on the site plan. Will there be sales of alcohol at this event? [ ] Yes L4 No Please Note — An original certificate of liquor liability insurance naming the City of Dania Beach as additional insured and a 1/2/3 Day Special Sales License is required to be submitted with this application. The license can be obtained from the State of Florida Department of Business and Professional Regulation. If Yes, Please Specify Types of Alcohol to be Sold: M NIA [ ] Beer [ ] Wine [ ] Liquor [ ] Mixed Drinks [ ] Other: If alcohol is being served, please indicate how the beverages will be served: D4 NIA [ ] Draft Truck [ ] Cold Plate [ ] Mini-Bar [ ] Beer Tub [ ] Table Service Other: Will there be alcohol given away at this event? [ ] Yes [d No Please Specify Types of Alcohol to be given away: [d N/A [ ] Beer [ ] Wine [ ] Liquor [ ] Mixed Drinks [ ] Other: Will there be retail sales at this event? [4 Yes [ ] No Please Specify: / e?1_.1Nl./ ~rVA!b4wlc3 Special Events Application—Page 4—Rev.MAV2006 *Will there be any carnival rides, mechanical or vehicular rides, or animal rides at this event? [ ] Yes [4 No *If yes, please describe: What is the name of the vendor or vendors providing the rides? K N/A Please Note - If carnival rides are to be present, the rides must be inspected by a state inspector, city electrical inspector, and fire inspector 48 hours prior to the rides opening. Are you providing to us a copy of the ride vendor's Certificate of Liability and Workers Compensation Insurance with this application? [ ] Yes [ ] No NIA *Please Note—An original Certificate of Liability and Worker's Compensation Insurance is required for any and all rides. Ensure that the Certificate is for this specific event, has the proper dates, and Names the City of Dania Beach as an Additional Insured. No event will be approved without this insurance. *Will recreational vehicles be used for temporary overnight housing? [ ] Yes pC] No Please Note— Indicate the locations of these on the site plan. *Will there be any use of pyrotechnics and/or Fireworks Displays at this event? [ ] Yes DQ No *Please Note- Pyrotechnics and/or Fireworks displays require special applications, permits and inspections as well as an original Certificate of Liability and Worker's Compensation Insurance. In addition, a Fire Inspector will be required to be present during set-up and displays. This expense will be passed on to the event. Please apply for the permit at the Fire Prevention Bureau located at 901 N.E. 3 Street, I. T. Parker Community Center, Harbour Towne Marina. (BSO or Fire Details may be required - refer to page 6) *Will there be use of any Grandstands or Bleachers for seating at this event? [ ] Yes ]jQ No *Please Note - Bleachers and Grandstands may have to meet special safety code requirements. Locations must be indicated on the site plan. Are portable, ADA compliant sanitary facilities being provided for this event? AQ Yes [ ] No If so, How many? L [ ] N/A Please Note—Provide the locations of all sanitary facilities on the site plan. Is there a request for any temporary signage for this event? W Yes [ ] No Please Note—Any questions regarding temporary signage should be directed to Code Compliance, (954) 924- 3646. Are there any services being requested from the City of Dania Beach? [ ] Yes N No If yes, please explain: *Please list any other conditions, terms or relevant information related to this event that may be of interest to those reviewing this application for approval: *Indicates special attention Fire Prevention. Special Events Application—Page 5—Rev.MAY2006 BSO DETAIL REQUIREMENT Based upon anticipated attendance, site or building size, site location, and ability to assure public safety requirements, a Broward Sheriff's Office Detail may be required. FIRE WATCH REQUIREMENT A Fire-Watch may be imposed depending on the type of event, number of persons present and/or hazards involved. The number of personnel and apparatus required may vary depending on the type of event and hazards involved. Below are the current rates charged for the presence of a fire watch detail and/or fire inspector: Off-Duty detail assignment services performed by Dania Beach Fire Rescue Personnel will be paid at their current overtime rate of pay with benefits (3 Hour Minimum). In addition, an administrative fee of 10% will also be charged based on the total cost of personnel and apparatus. Personnel costs are currently estimated to be $84.42 per hour, per person (3 hour minimum). The cost of apparatus is as follows: Rescue Truck - $32.00 per hour Engine (1500 gpm) - $71.00 per hour Ladder (1500 gpm) -$80.00 per hour The City of Dania Beach requires payment 14 days in advance for the detail services and fees are to be made payable to The City of Dania Beach by means of cash advance or a cashier's check. Fees are based on individual employee's overtime rates which vary from person to person. The amount estimated is based on the highest overtime rate currently payable in addition to fees for FICA, Medicare, Worker's Compensation and Administrative fees. In the event that the entire estimated amount is not required for services, the city will refund the money, less the expenses incurred for the service. Should the amount of time required for the fire watch detail exceed that agreed upon before the event, the Event will be required to pay for any overage based on the actual cost for the Fire-Watch. The Event will be responsible to pay the actual service price incurred. The information I have provided on this application is true and complete to the best of my knowledge. I understand that approval of this event is contingent upon review and approval of all City Disciplines, the City Attorney's Office an City Commission. �n n Si a reo Applicant Title ate STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this day of�J�3t By -�50-t»)W wCt Ct t S who is personally known to me, er ifX+etrp a feRew+ngform- of-tdentifit;atl'oh Notary Public OMYCOmm JOANNE M.MAGOON_ Commission# 1462972Sign. (tom. tiY My Commission expires: tNotary Public•California Print: My Commission number: San Diego County�` .Expires Feb 12.2008 Special Events Application-Page 6-Rev.MAY2006 "WIT n,rl F-7 E- CF, MTi GTTnla flE I Aj.Ij TrIT, ILI IJ ■ lug_U- � � `\ JiLs I j!J -tTM _��\ N lob I i� I �A�N�Qurjv i WIF zooz VVI 90:CT zoo 171L E w � ' • � M .,�;'" Rom. a t �' "• 'tea v .. Z 1 ♦ � a • Y' *7 saz ' � s "fie ,y..�.....u•zgT�',kayw- ..i Lal j Zz.i. AL t It x*^ `SLIia7f • � �� �t�A'a'r a �• A• 4gq..'� e rCFY XF+ v • � a p lap` _ �i vj_ ,.•F'+ h � M • \� u • f i y yu {{j i ' pia • i r { x ,.. IL tg♦ t " © �. (�, '�- 16 _ ♦ ' lips. i co � _ Q OF LL W e+ 2 s 4kF •� i � . � co Mks p 4 N Q. r / 9 N kit 4 F CL y F Ln CL cu I^ iY {yyPtS. '� 0 W S Q U #' i�:rye,•. Xrtaw '+, t Q. M Q m N JC- l7 Ol ON toLo .1 r T � CITY OF DANIA BEACH DEBT MANAGEMENT POLICY SECTION l —Purpose and framework I. Introduction The City of Dania Beach's Debt Management Policy is intended for the following purposes: (a) establish parameters for issuing and managing debt, (b) provide guidelines to decision makers related to debt affordability standards (c) ensure that future generations of elected officials have reasonable latitude to address the issues/problems of their tenure. This Debt Management Policy, as amended and adopted by City Commission, sets forth the goals and objectives of the program and defines targets and benchmarks within these parameters. If. Scope This Debt Management Policy shall apply to all debt issued by the City on behalf of the citizens, ratepayers and taxpayers of the City of Dania Beach. III. Objectives The following goals shall define the objectives for the issuance of debt of the City which are subject to the scope of this Debt Management Policy. A. Balance multiple financial management objectives, including: 1. Creativity: examine new or different means to achieve established objectives at the lowest possible cost; 2. Innovation: address, consider or conceive new financing options which are either developed in the City's traditional municipal markets or adaptable from other existing financial markets; 3. Flexibility: retain the City's current and future options to meet the financing challenges of the City; 4. Responsibility: be fair, reasonable and equitable to each generation of taxpayers, rate payers, users and other beneficiaries when distributing the debt burden or costs of government; 5. Due Care: pay timely attention to and comply with each and all of the agreements, laws, contracts, covenants, policies and obligations which make up or are related to the City debt management program(s). B. Define and categorize the City's current debt programs as governmental or proprietary within the self-supporting and non-self supporting categories. C, Enhance the City's ability to access the credit markets and enhance or maintain the credit ratings for each of its programs. D. Conditions of Debt Issuance. E. Refinancing Criteria 1 F. Types of Debt Pledges G. Evaluate each of the following in anticipation of new borrowing initiatives: 1. Appropriate final maturity(3 to 20 years)with the exception of land(20-30 years); 2. Principal Amortization pattern(e.g., level principal, level debt service,etc.); 3. Use of fixed or variable rate debt price H. Affordability and Capacity Targets Review benchmark at least once every 2 years and recommend any changes in targets and propose any amendments to City Commission for approval including development of an appropriate time frame to implement such changes. SECTION 2—Guidelines I. Categorize Debt Program(s) The City shall periodically establish standards for and classify each of the City's debt programs into one of the following: A. Self-Supporting Debt: Proprietary operations State Revolving Loan Revenue Bond Capital Leases Line of Credit Utility Bond B. Non Self-supporting Debt: General Governmental(including the General Fund) Covenant Program Revenue Bond Capital Leases Line of Credit General Obligation This distinction recognizes that self-supporting proprietary programs do not directly or indirectly place a burden on taxpayers in the form of increased taxes. As long as each system's user rates meet the needs of both operations and debt service,the debt program is not considered part of either the General Government or Tax-Supported Debt of the City. Having made these classifications,the Mayor and City Commission shall commit to: A. Act with regard to self-supporting proprietary operations, when necessary, to increase rates to ensure that each operation maintains rate coverages(revenue to debt service ratios)as required by the higher of either City policy or related debt covenants. B. Limit the level of annual debt service as a percentage of available annual revenues to ensure a reasonable ability to address recurring operations and maintenance and/or capital requirements on a pay-as-you-go basis for all self-supporting governmental operations. C. Establish the annual subsidy required and compare it to the actual subsidy needed for all non self- supporting proprietary operations. D. Adhere to debt limits established herein to ensure current and future flexibility for all Non Self- Supporting Debt. 2 II. Maintain/improve Credit Rating Rating agencies issue credit rating based upon their opinion of the credit worthiness of the borrower relevant to the risk factors. The major factors that contribute to the overall rating include the economic, financial administrative/management and debt factors. ➢ Economic factors include employment opportunities and trends, diversity of taxpayer base, wealth and income indicators future growth prospects and surrounding regional economy. ➢ Financial factors include the capacity to raise revenue,expenditure mandates, stated fiscal goals and policies and historical performance. ➢ Administrative/management actors include planning effort, clear goals and policies and adherence to, relationship between elected and appointed officials and accountability at each department. ➢ Debt factors include current debt burden rations, current debt structure, debt repayment schedule and future capital financing needs. The Standard& Poor's ratings published ways to improve or maintain a municipal credit rating and the City shall consider implementing as many as possible if not currently established: 1) Establish or improve its rainy day/budget reserves. Some of the considerations to establish this fund are as follows: ➢ What the requirement of the City's cash flow/operating are? ➢ During economic cycles,how volatile is the City's revenues and expenditures? ➢ Is any policy established to indicate under what circumstances can reserve be draw down and the approval level to draw down those reserves?and ➢ When the reserves are utilized, what mechanism is established to rebuild the reserves? 2) Establish periodic revenue and expenditure review to identify potential budget problem early instead of year-end. (The Director of Finance reviews all revenue and expenditures trend monthly and a Mid-Year analysis is performed annually in March and submits all findings to the Commission in the April meeting) 3) When budget imbalance exists, analysis should be conducted as follows and prioritize the spending plans: ➢ What part of the budget is discretionary? ➢ What spending areas can be reduced or projects can be delayed ➢ Setting the time frame to reduce programs 4) Establish a Capital Improvement Plan to assess the City's infrastructure improvements. This plan should be comprehensive and realistic and updated annually. (Currently,the City has established a five year Capital Improvement Plan and it is being updated annually.) 5) Establish a debt model to evaluate the City's future debt profile and its affordability. 6) Develop pay as you go strategy. (The City established under this policy an equivalent of 0.3 mill of property tax revenue for its capital acquisition or improvements in the Governmental Fund on a pay-as-you-go basis. If this amount is not fully utilized, a reserve should be set up so that such funding will be available for future capital projects.) III. Conditions of Debt Issuance A. Issuance of debt to fund operating deficits operations IS NOT permitted. B. Debt issuance is permissible for fixed assets acquisition and infrastructure improvement. C. City Commission may make exception to allow City to issue OPEB (Other Post Employment Benefits) bonds in which the proceeds reduce the City's exposure to another liability 3 IV. Refunding Criteria Periodic review of the City's outstanding debt should be undertaken to determine refunding opportunities. The City may issue refunding bonds when advantageous, legally permissible, prudent, and when aggregate net present value saving, expressed as a percentage of par amount for the refunding bonds, with a target range of 3-5% or when the average annual savings are greater than $10,000 per year. Refunding with a negative savings will not be considered unless there is a compelling public purpose. V. Types of Debt Pledges There are different types of debt available to finance the City's capital needs. They are as follows: A. General obligation bonds General Obligation Bonds(G.O. bonds)are secured by ad valorem tax beyond operating levels. All General Obligation Bonds issuance must be approved by the voters through a referendum. The State of Florida limits the GO bonds not to exceed a tax of 2 mills. B. Covenant to Budget and Appropriation Covenant to Budget and Appropriation is that the City promise to budget and thereby seeks to have appropriated sufficient moneys to make lease rental and other debt payments on an annual basis. C. Special Revenue Bonds Special revenue bonds are repaid by the pledge of specific governmental revenue such as public service tax,gas tax or sales tax.This bond requires that the revenue stream be used first to satisfy the bond covenants and then used for other governmental purposes. D. Utility Revenue Bonds This bond is secured by the revenues derived from utility services,such as water,sewer and stormwater fees. E. Special Assessment Bonds This bond is secured by special assessments that the City can levy. This includes any improvements to streets,such as sidewalk program, fighting program,and traffic calming devices. F. State Revolving Loan This is a low interest loan offered by the State for clean water infrastructure improvements. This loan is secured by utility fees charged by the City. VI. Final Maturity/Types of Debt Instruments The following is the guideline and is not a mandatory schedule; however, in no circumstances should the maturity of the loan be longer than the life of the assets. A. Vehicles/Equipment: 3-5 years B. Fire Engine: 10 years C. Rescue Truck: 5-8 years D. Heavy Equipment such as loader,dump truck: 5 —8 years E. Building: 15—20 years F. Infrastructure Improvement: 10—20 years G. Land:20—30 years The Director of Finance shall choose the best structure of debt warranted by the market conditions and the project to be financed and recommend to Commission for approval. The City also has the option of participating in one of the many bond pools, where local government have joined together to issue debt to gain economy of scale to reduce issuance costs and to obtain better interest rate. 4 A. Fixed rate bonds Fixed rate bonds have the future principal and interest payments scheduled until maturity from the time of issuance. The payment structure is usually based on a level principal and interest payment when the total amount paid stays constant or as a level principal payment where the amount of the principal retired stays constant and total amount paid decreases annually. B. Variable rate notes Variable rate notes are when the amount of interest paid changes in reaction to market demands and investor's preference. Variable Rate Debt should be used for two purposes: (1) as an interim financing device(during construction periods)and(2), subject to limitations, as an integral portion of a long-term strategy to lower the City's effective cost of capital. The City's interim variable rate program allows the City to avoid the inefficiency of borrowing for small projects and allows for an aggregation of small projects and, thus, a more cost effective debt management program. Under either circumstance, when the cycle of long-term rates moves down to or near historic lows, consideration should be given to fixing(converting to a fixed rate to maturity alternative)a portion of the then outstanding Variable Rate Debt to take advantage of the attractive long-term fixed rates. C. Lines or Letters of Credit When the use is considered prudent the City can enter into agreements with local banks or other financial entities to acquire loans or letters of credit that shall provide the City access to funds under emergency circumstances to fund temporary cash flow demands. VII. Affordability and Capacity Targets The City has established through resolution, that the maximum amount of total outstanding revenue bonds cannot exceed S3,225,000 and promissory notes will not to exceed$5,000,000. The City also recognizes that the pledgable revenue sources are limited and that careful consideration must be exercised not to over extend the capability and limited future flexibility of utilizing this method as collateralized. Only the following revenues in the General Fund should be used for pledging and should be maintain an available coverage of 8 times its revenue sources. 1) Electric Franchise Fees 2) Electric Utility Taxes 3) Sales Tax Moody's Investors Services publishes a national median of all governments rated, segregated by population and ratings. It is important that the City use these medians as a guideline for creditworthiness. The City currently is not being rated, and that a full evaluation of the City's rating will include some of the criteria indicated above as listed by Standards and Poor. However, based on quick review, the City is within the criteria of an"A"rating. It is the goal that the rating of an"A"should be kept as a minimum. 5 # �d� °IVfei�ans fori�ie .fii©n <7MOoy : .. �v i s !IHW: Total General Fund Revenues($000) $25,556 $35,352 $30,563 General Fund Balance as%of Revenues 122.4 27.2 32.1 Unreserved General Fund Balance as%of Revenues 111.5 22.6 27.6 Direct Net Debt as%of Full Value 0.2 0.6 1.0 Debt Burden(Overall Net Debt as%of Full Value) 1.5 2.2 2.4 FL Tax Rate 1.53 3.92 5.99 Total Full Value($000) $6,771,512 $3,997,509 $2,274,583 Average Annual Increase in Full Value(%) 17.0 11.7 13.5 Actual/Estimated Population,Annual Value 39,555 17,895 58,711 Population 2000 Census 32,083 25,203 32,087 Population Change 1990-2000(%) 16.8 13.2 20.3 Full Value Per Capita($) $279,033 $175,240 $77,874 Per Capita Income as%of U.S. (2000 Census) 181.5 172.7 90.3 Median Family Income as%of U.S.(2000 Census) 157.0 138.9 85.7 Poverty Rate(%)(2000 Census) 5.2 6.7 13.7 Moody's May 2007-utilizing FY 2005 financial reports As part of this policy, the City has established an act of target numbers that reflect the benchmark that measures the City against other governmental jurisdictions of similar size and taxable property values as issued by the State of Florida Auditor's General Office annually. This measurement is for Governmental Fund only. Proprietary Fund debt measures are not included. The target number can be adjusted annually based on the benchmark issued by the State and staff can amend this portion of the policy without Commission approval. Currently, the City's measure exceeds the benchmark and it is the staff intension to achieve the target number by September 30,2010. As of 9/30/06 Target Debt Per Capita $487 $418 Debt Service over total expenditures 4.94% 2.97% Due to the fact that limitation may be imposed on the City's ability to raise property taxes pending on the result of the 2008 referendum of the tax reform act, this policy also established a ceiling of the maximum annual debt service (net of General Obligation) that the Governmental Fund can tolerant. The ceiling should not exceed an equivalent millage rate of 0.3 mill. State Revolving Fund requires that the City's user fees should be charged to cover at least 15%higher than what the annual required debt service. 6 VIII. Measures of Future Flexibility As the City addresses its needs at any one period in time, the Mayor and City Commission must both be prepared to ensure the flexibility of this and future generations of elected officials to meet the then present needs and challenges which face the community. Since neither State law nor the City Charter provide any fixed limits on the amount of debt which may be incurred (other than the requirement to have G.O. debt approved in advance by referendum), the following targets or limits are established to ensure future flexibility, and financial vitality of the City. General Government Debt Service as a percentage of non-ad valorem General Fund revenues: • Debt Limit (net of General Obligation Bond) 5%max. • Goal/Target 3%max. Weighted Average Maturity of Debt Program(s):with the exception of land • Self-supporting 20 year max. • Non self-supporting 15 year max. Weighted Average Maturity of Internal Loan Program 12 year max. General Government Direct Debt per capita $418 max. Annual Capital Projects Funding(paid as you go)from ad-valorem tax • Limit-mill 0.5 mill • Target/Goal-mill 0.3 mill Debt coverage of specific revenue sources 8 times Unreserved Undesignated Fund Balance $20,000,000 IX. Monitoring,Reporting,Amendments and/or Exceptions The Director of Finance shall monitor the actual results against the targets presented in this policy. The report will include the following information,to the extent applicable: A. Debt Program Targets, and B. Measures of Future Flexibility Targets; From time to time, circumstances may suggest that an exception be approved to one or more of the policy constraints established herein.Amendments and/or exceptions must be approved by the City Commission. X. Debt Management Policy Review and Modification The Debt Management Policy will be submitted for ratification by the City Commission should amendments to the policy is required due to economic circumstances arise. The authority to effect any change, modification or amendment of this Debt Management Policy shall rest solely with City Commission under the recommendation of the Director of Finance and city's financial advisor. Each year, during the budget process,the Director of Finance is required to report to the Commission as to the compliance of the criteria set forth in this debt policy. XL Effective Date The City's Debt Management Policy is ratified and approved by the Commission on 7 GLOSSARY OF KEY TERMS "Amortization"means the schedule of debt principal to be paid over a period of time. "Covenant Program" means the City's debt program that is secured by covenant to budget and appropriate from non-ad valorem revenues. "Debt Service"means scheduled payments of interest and principal on debt obligations. "Direct Net Debt as % of Full Value" means Direct Net Outstanding divided by the fiscal year or most recent Total Full Value for the local government. "Fixed Rate Debt"means a debt obligation issued with a predetermined interest rate. "General Government Debt" means all Non-Self Supporting debt. These are the programs whose expenditures for debt service are in direct competition with other General Fund expenditures (salaries, utilities, supplies,etc.). "Maturity"means the length of time until the principal amount of a bond must be repaid. "Net Variable Rate Debt"means total Variable Rate Debt less Hedged Variable Rate Debt. "Non-Self Supporting Debt"means any indebtedness of the City other than Self Supporting Debt "Pay-As-You-Go" refers to the payment of capital projects or other non operating projects using non- capitalized revenues. "Present Value" means the amount that a future sum of money is worth today given a specified rate of return. "Ratings" means ratings that are issued by Moody's Investors Service, Fitch and Standard & Poor's Corporation and any other nationally recognized rating agency, to the extent they have in effect a rating on City debt. "Short-term Investments"means liquid investment assets of the City. "Total Full Value" means estimated full market value of all property within the boundaries of the local government as reported by the County Appraiser's Office. "Tax-Supported Debt" means General Government Debt programs plus Other Governmental Self- Supporting Debt. This creates two categories of debt which place direct or indirect burden on the taxpayers of the City. "Variable Rate Debt" means debt obligations entered into that use a variable, auction reset, adjustable, convertible or other similar interest rate which is not fixed in percentage at the date of issue. 8 OFFICE OF THE MAYOR am M CITY OF DANIA BEACH PROCLAMATION WHEREAS, St. Ruth Missionary Baptist Church, the oldest Missionary Church and the first African-American Church in the City of Dania Beach, was organized in 1908 by the late Charlie Chambers and a few other faithful souls; and WHEREAS, St. Ruth housed the first Colored Public School; and WHEREAS, the sanctuary was moved from 41h Avenue to 51h Avenue in 1920; the first floor was destroyed in 1926; and a new sanctuary was completed in 1957; and WHEREAS, under the leadership of Reverend W.C. Edcar, the WD, MD, Youth Revival was added to the Church program; and WHEREAS, Reverend Randall Barr licensed St. Ruth's first female Minister; revised the order of service and new Sunday School literature; introduced computers; and established many Outreach Programs; and WHEREAS, in 2005 Reverend Timothy Shellman, Sr. initiated the weekly "Sacrificial Offering"Program, First Joint Choirs Anniversary, and Mother's Board; and WHEREAS, in 2006, the "We Care Committee" was organized and sent care packages to college students; and WHEREAS, in 2006, the Board of Christian Education initiated the first "Family Night/Back to School Program" which provides school supplies and valuable information to parents regarding the need to be involved in their children's education; and WHEREAS, the Church voted to begin an expansion project in 2006; and WHEREAS, in 2007, the Church held its' first "Outreach Thrust" which involved several ministries reaching out to the community. NOW, THEREFORE, BE IT RESOLVED that I, Bob Anton, Mayor of the City of Dania Beach, Florida, do hereby recognize St. Ruth Missionary Baptist Church on their: "9e Anniversary" and encourage all citizens to join in celebration of this historic event. ATTEST: LOUISE STILSON, CMC BOB ANTON CITY CLERK MAYOR MINUTES OF WORKSHOP DANIA BEACH CITY COMMISSION CAPITAL IMPROVEMENT PLAN (CIP) MONDAY, JULY 16, 2007 — 10:00 A.M. 1. Call to Order Mayor Anton called the Workshop to order at 10:00 a.m. 2. Roll Call Present: Mayor: Bob Anton Vice-Mayor: Albert Jones Commissioners: John Bertino —arrived at 10:09 a.m. Anne Castro Patricia Flury City Manager: Ivan Pato City Clerk: Louise Stilson Absent: City Attorney: Thomas Ansbro 3. Discussion of Capital Improvement Plan City Manager Pato indicated this is the fifth year the City prepares the 5-Year Capital Improvement Plan, which is updated every year and is subject to change on an as-needed basis. He noted that the results of today's Workshop will be included in the proposed Budget for FY 2008. Patricia Varney, Director of Finance, presented a PowerPoint on the proposed Capital Improvement Plan which is attached to and incorporated into these minutes. General Director Varney explained that the funding sources for the CIP are: General Obligation Bonds, Gas Tax, 50-50 Sidewalk Program, Recreation Impact Fees, Fire Reserves, Existing Loan Balance, Grants, General Fund, State Revolving Fund, Water Impact Fees, User Fees, and other financing sources. Director Varney clarified that she received information from the State Attorney that, based on the Tax Reform Act, the City will have a zero percent tax cut this year. She noted that the deficit in the General Fund Budget for FY 2008 will be approximately $125K, with a millage rate of 5.044. Director Varney indicated that the Water Impact Fees; Three Cent Gas Tax, and the Fire Impact Fees are exhausted. Commissioner Flury confirmed with Director Varney that the millage rate will be 5.044, as presented, and that we would need about $310K to fund the items listed for FY 2008. She agreed with the allocation of funds for computer replacements and related equipment. Commissioner Flury noted we were committed to set aside funds for legal settlements for the ADA Plan. City Manager Pato clarified we would be carrying forward $50K from this fiscal year. Vice-Mayor Jones thought we could get a better deal for computers through the School Board bids. It was the Commission consensus to accept the amounts allocated for computers and Information Services. Fire Rescue Department It was the Commission consensus to move the Fire Department funding of$105K to FY 2009. Parks and Recreation It was the consensus of the Commission to approve the items funded in Parks and Recreation. Discussion followed between the Commission and Kristen Jones, Director of Parks and Recreation, regarding the proposed repairs at C.W. Thomas Park and how the project was funded. Further discussion ensued in connection with the proposed construction of the NW Community Outreach Center. Mayor Anton indicated that we are currently refurbishing C.W. Thomas Park, where we will have new meeting rooms. There are also meeting rooms at the Herman Wrice Center and some of these are not being utilized. Mayor Anton questioned if we would have to reimburse the CDBG funds that we have already used for this project. Colin Donnelly, Assistant City Manager, advised there were two CDBG grants for this project, one for the acquisition of the property ($35,000) and the other one for the design and engineering of the project ($75,000). He indicated that if we do not move forward with the project, we could probably keep the funds for another project as long as it meets the CDBG criteria. It was the consensus of the Commission to eliminate the NW Community Outreach Center project and keep the property as green space. Kristen Jones, Director of Parks and Recreation, indicated that Adler Park needs upgraded playground equipment. She asked the Commission to consider the requested $53,000. Minutes of Workshop 2 Dania Beach City Commission Capital Improvement Plan(CIP) Monday,July 16,2007— 10:00 a.m. Commissioner Flury noted the planking on the Pier needs to be upgraded. She also thought that video surveillance was essential in the parks since people were vandalizing them and we were spending a lot of money trying to fix things when they get broken. Mayor Anton noted that we could use law enforcement funds for surveillance equipment because it is a crime-related issue and the City controls the money, provided it is approved by the City Attorney. It was the consensus of the Commission to use law enforcement funds for the fencing at P.J. Meli Park as well as the installation of video surveillance and video monitoring at all the parks ($68,000 out of General Fund budget). Director Varney pointed out that we only have $40,000 available and we still need to submit a funding request to BSO to draw down the funds ($130,000). City Manager Pato clarified for the Commission that our current contract with BSO gives us control of the money. Vice-Mayor Jones noted that the Boisey Waiters property is not being used. He suggested selling it and using the funds to build a SW Community Center. It was the consensus of the Commission to add $20,000 to the budget for the planking of the Pier. Commissioner Castro questioned the status of the Linear Park. Assistant City Manager Donnelly indicated that we recently applied for a Land and Water Conservation Grant for $200,000, which requires a fifty percent match. He noted that the main problem with the Linear Park is the stormwater retention issue at SE 51" Avenue. Director Varney clarified that $500,000 will come from G.O. Bond funds for the Linear Park. Commissioner Bertino explained that some years ago Broward County wanted to build a bridge over the Dania Cut-Off Canal to allow the circulation of trucks from Fort Lauderdale-Hollywood International Airport and Port Everglades. The southeast section of our City did not accept this proposal and staff suggested placing a water feature in the Linear Park to address the stormwater containment. Director Varney clarified for Commissioner Castro that the Linear Park is funded from the GO Bond ($420,000) and the General Fund ($80,000). Commissioner Flury suggested leaving the sidewalk in the Linear Park as is, thus eliminating the stormwater problem. She would like the Linear Park project to begin in 2008. Dominic Orlando, Director of Public Services, advised that Calvin Giordano and Associates is the consultant for the stormwater project and the Linear Park. He noted the stormwater system Minutes of Workshop 3 Dania Beach City Commission Capital Improvement Plan(CIP) Monday,July 16,2007- 10:00 a.m. was the governing factor in the area. Director Orlando indicated he is currently reviewing the preliminary design. Commissioner Flury asked Director Varney to separate the drainage problem from the cost of the Linear Park when the Capital Improvement Book is revised. Commissioner Castro was concerned with the problems we are having with Calvin Giordano and Associates. Director Orlando noted that CGA had a lot of turnover in the past 16-18 months and that he and City Manager Pato are working on the problem. It was the consensus of the Commission to terminate the services of Calvin Giordano and Associates. Commissioner Flury clarified for the record that the stormwater project and the Linear Park will be funded separately. Discussion followed between the Commission and Director Orlando regarding the need to have a consultant who would be in a position to design a Linear Park. It was suggested that a due date be included on future contracts with consultants. The Commission agreed to direct staff to start looking for other consultants. Commissioner Castro stated for the record that she would like the bike-path and the sidewalk to be included in the Linear Park design. Public Services Public Services Compound Commissioner Flury noted we are all aware that the work cannot be completed in one year. She suggested we spread it out for 2-2.5 years and pay cash, therefore we would not have any debt. Director Varney advised that if we take our own money from cash, she could spread the funding in the General Fund over a 3 year-period. Director Orlando indicated we would need to do it within an18 month period, i.e., $750,000 per year for two years. It was the consensus of the Commission to fund $750,000 for the Public Services Compound Project o over a two year period. Cemetery Mayor Anton questioned why the Mausoleum should be funded from the General Fund. Minutes of Workshop 4 Dania Beach City Commission Capital Improvement Plan(CIP) Monday,July 16,2007— 10:00 a.m. Director Varney explained that the Cemetery Trust Fund only covers maintenance. She noted she would need to check with the Auditors to see if a Special Revenue Fund could be created for the Cemetery. Commissioner Flury noted we currently have about $750,000 in the Cemetery Trust Fund which we never use because the maintenance is paid from the General Fund. She clarified that the Charter states that those funds can only be used for maintenance. Commissioner Flury would like the City Attorney to clarify if the verbiage in that section of the Charter could be changed to read"for maintenance and improvements", without having to go to referendum. Commissioner Castro asked Finance Director Varney what the annual maintenance budget would be for the Cemetery. Finance Director Varney advised that the annual maintenance for the Cemetery is approximately $100,000. She further noted that the Cemetery Trust Fund interest is deposited into the General Fund to help defray the cost of Cemetery operations. Director Orlando pointed out that Calvin Giordano and Associates is our consultant for this project and he was planning to ask them to prepare a cost proposal for a design-build plan. He suggested continuing to use their services for this specific project. Neighborhood Improvements—CPTED Studies Commissioner Castro confirmed with Director Varney that this amount was not GO Bond money. She asked what items were included in the $1.9M, and the order of priority. Director Orlando indicated the priorities would be determined every year with Commission and resident input, and the funding split over a five-year period Director Varney clarified for the Commission that the City funds $1.1M in the General Fund and the remainder will be GO Bond money. Commissioner Bertino commented that all projects have engineering fees. He asked Director Orlando if we could contract with a large firm and have them do everything at a good price. Director Orlando advised that Chen & Associates is our engineer, and they do a great job. He clarified that Camp Dresser and McKee would be the firm to use, but he did not recommend this because not all their offices are local and they would have to use their other offices nationwide. It was the consensus of the Commission to accept the funding for Lighting at 53`d Court ($418,000), the Citywide Sidewalk Repairs ($81,600) and the Roadway Repaving Program ($252,300) as presented. Mayor Anton clarified that we still have funds for the ADA Sidewalk Compliance modification from last year, so this item does not need to be funded. Minutes of Workshop 5 Dania Beach City Commission Capital Improvement Plan(CIP) Monday,July 16,2007— 10:00 a.m. Vice-Mayor Jones asked Director Orlando to provide a breakdown of the areas within the City that will be repaved. Fleet Replacement It was the consensus of the Commission to accept the request for a Skid Steer Loader with attachments ($50,000) as presented. Director Orlando requested a Tool Cat and Dump Truck, Backhoe and Loader. He indicated that of all of this equipment, the Loader was the priority. It was the consensus of the Commission to add the Loader for $140,000. Commissioner Flury asked Director Varney to let the Commission know how much SRF funds have been drawn to date. Director Varney will obtain the information and report back to the Commission. Discussion followed between Vice-Mayor Jones and Director Orlando regarding the City's wells and the possibility of preventing a thirty percent surcharge in the future by increasing our capacity. It was the consensus of the Commission to accept all funded items under Water Utilities and Sewer Utilities, as presented by staff. Director Varney responded for Mayor Anton that the difference between 5.044 and 6.39 was close to $2.1M Marina Improvement Mayor Anton referred to the information distributed to the Commission which outlined the Marina Evaluation submitted by Cutcher and Associates, Inc. He noted he did not see a problem with the bulkhead. Mayor Anton asked Assistant City Manager Donnelly for an explanation on the bulkhead situation. Assistant City Manager Donnelly advised that the bulkhead at the Marina is in poor condition. He would prefer the coastal engineering firm provide the technical explanation of the problem. Mayor Anton noted the amount of$192,500 has been allocated in 2008, but it would not include any construction or repair costs. Assistant City Manager Donnelly indicated he has contacted FIND and they are very excited about the project. However, their main concern is that municipalities using FIND funds charge the market rate. The engineers believe some modifications could be made to facilitate the addition of slips, reduce travel distance, and provide for multiple ingress and egress points. Minutes of Workshop 6 Dania Beach City Commission Capital Improvement Plan(CIP) Monday,July 16,2007— 10:00 a.m. Commissioner Flury thought our rates were acceptable. Commissioner Bertino would like to look at a private enterprise and find out what they would offer. Commissioner Flury noted we already looked at it some months ago. Director Varney responded for Commissioner Flury that the Revenue Source for the 2008 allocated amount of$192,500, which is the Interfund Loan, would be in the form of cash from the General Fund. Commissioner Flury thought that the $3.9M allocated in 2009 should be stretched out over a period of at least two years so the project may be done in phases. Assistant City Manager Donnelly indicated he would like to hear the construction consultant's comments regarding the construction time period. Vice-Mayor Jones thought it would be a safety issue to park near the bulkhead. Assistant City Manager Donnelly confirmed we are not parking any heavy vehicles in the area. Commissioner Flury confirmed with Assistant City Manager Donnelly that the hiring of the consultant would be through a bidding process. It was the consensus of the Commission to have the $192,500 allocated for the study. Director Varney reported that we are ahead by $638,000. Commissioner Flury suggested keeping the money allocated for the NW Community Center in case we need to reimburse the CDBG funds. Commissioner Bertino would like to consider the Dump Truck for Public Services. It was the consensus of the Commission to move the Dump Truck ($95,000) to Fiscal Year 2008, and add the Beach Retainer Wall ($485,420)which was not previously funded. 4. Adiournment Mayor Anton adjourned the Workshop at 12:33 p.m. Minutes of Workshop 7 Dania Beach City Commission Capital Improvement Plan(CIP) Monday,July 16,2007— 10:00 a.m. CITY OF DANIA BEACH ATTEST: BOB ANTON MAYOR-COMMISSIONER LOUISE STILSON, CMC CITY CLERK Minutes of Workshop 8 Dania Beach City Commission Capital Improvement Plan(CIP) Monday,July 16,2007— 10:00 a.m. MINUTES OF MEETING qe 7" DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, JULY 19, 2007 - 6:00 P.M. 1. Call to Order Mayor Anton called the meeting to order at 6:00 p.m. 2. Roll Call Present: Mayor: Bob Anton Vice-Mayor: Albert Jones Commissioners: John Bertino Anne Castro City Manager: Ivan Pato City Clerk: Louise Stilson Code Attorney: Tim Ryan Absent: Commissioner: Patricia Flury City Attorney: Tom Ansbro Commissioner Bertino motioned to excuse the absence of Commissioner Flury; seconded by Vice-Mayor Jones. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes 3. Abatement Requests 3.1 Request for abatement for Palm Beach Polo Holdings, Inc., Case 402-3248, for property located at 750 NE 7th Avenue (#0235-17-0030) (Continued from March 15, 2007 and May 17, 2007) Attorney Tim Ryan advised staff is requesting a continuance until the September 20, 2007 Abatement Hearing. Commissioner Bertino motioned to continue the case until the September 20, 2007 Abatement Hearing at 6:00 p.m.; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Item #3.2 was heard after Item #3.8 3.2 Request for abatement for Valerie Velella, Case #06-0173, for property located at 609 NW 8`h Street (40234-25-0500) Attorney Tim Ryan advised this case was for two violations: failure to paint or pressure clean and maintain building; and storage or parking of junked, abandoned or unlicensed vehicles upon private or public property. The fine ran for approximately nine months and the total amount of the lien is $43,050.00. The Special Magistrate recommended abating the lien to $4,350.00. Valerie Vellella advised she was unaware of the violations because her roommate did not tell her of the notice of violation. She noted one of the vehicles was registered, although the tag was not properly displayed. Ms. Vellela further indicated that the property is currently for sale, which is how she discovered the City had a lien on the property. Commissioner Bertino motioned to abate the lien to $4,350.00, to be paid within 45 days; seconded by Vice-Mayor Jones. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Items #3.3, #3.4 and 43.5 were heard together, as they relate to the same property owner. 3.3 Request for abatement for William T. and Norma L. Parker, Case 404-1318, for property located at 3951 SW 5151 Street (40231-10-0010) 3.4 Request for abatement for William T. Parker, Case #05-1158, for property located at 3951 SW 51s` Street(40231-10-0010) 3.5 Request for abatement for William T. Parker, Case 406-0661, for property located at 3 951-3 953 SW 5151 Street(#023 1-10-00 10) Attorney Tim Ryan advised in the first case,the property was cited for four violations: failure to repair, replace or remove fence that is in disrepair; failure to remove all inoperative and unlicensed vehicles; failure to remove miscellaneous trash, debris and leaves; and failure to remove objects not allowed in open air storage. The fine ran for a total of 623 days for a total of $62,476.50, including recording fee. The Special Magistrate recommended an abatement of fifty percent of the amount ($31,150.00). Attorney Tim Ryan advised in the second case, the property was cited for two violations: failure to obtain an Occupational License and failure to display the property address on the building. The fine ran for 255 days for a total of $38,426.50, including recording fee. The Special Magistrate recommended abating the lien to $19,213.25, which is fifty percent of the amount. Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday, Y Jul 19,2007-6:00 p.m. Attorney Tim Ryan advised in the third case,the property was cited for one violation of allowing a broken drain cover to remain on the property. The fine ran for three days for a total of $476.50, including recording fee. The Special Magistrate recommended abating the lien to $200.00. Richard Bagdasarian, Attorney for the applicant, advised Mr. Parker's mother passed away and left him the property, which was occupied by his brother and sister. The applicant is a single parent, has a disabled child and his home in Tamarac is currently in the foreclosure process. He requested, on behalf of his client, one hundred percent abatement of the fine because this is a real hardship. Mr. England, Real Estate Agent, noted they hired an Attorney to evict the tenants for non- payment of rent. He showed the Commission photos of the properties. Attorney Bagdasarian explained that Mr. Parker did everything in his power to be in compliance. The property originated from an estate, because he never collected rent from his relatives living in the properties, it was hard for him to have the necessary cash flow to take care of maintaining the site. Once the tenants moved out, he was able to have the yards cleaned. Attorney Bagdasarian pointed out that the property has been sold and the money is in escrow. Vice-Mayor Jones motioned to abate the total liens to$21,000.00,to be paid within 30 days; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes 3.6 Request for abatement for Adolfo E. Berrios & Zoja Fahmy, Case #05-0613, for property located at 43 SE 10`h Terrace (#1203-13-0360) Attorney Tim Ryan advised the property was cited for two violations: failure to obtain an Occupational License, and failure to obtain permits and inspections for the construction of a detached carport, accessory structure, and window and door replacements. The fine ran for 364 days for a total of$45,712.00, including recording fee. The Special Magistrate recommended abating the lien to $20,000.00. Edward Holiday, Attorney for the applicant, noted this is his client's primary home and he does not understand why an Occupational License is required. The renderings presented to the City for the construction and installation of the carport were done by the applicant, therefore permits were not issued until they were signed by an architect. Attorney Holiday pointed out the applicant has made several improvements to their home and has obtained permits for each of the changes/additions. He indicated that they are good residents who are trying to enhance their property. Ms. Fahmy noted the property is a duplex and is rented. Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday,July 19,2007—6:00 p.m. Nick Lupo, Chief Code Compliance Officer, confirmed the property is a legal duplex. He indicated that the work was done but the permits were never pulled and it was never inspected by the City. They provided the plans with the engineer/architect signatures, after the work was completed. He noted they let the Occupational License lapse. Commissioner Castro motioned to abate the fine completely. The motion died for lack of a second. Commissioner Bertino motioned to abate the lien to $20,000.00, as recommended by the Special Magistrate. The motion died for lack of a second. Chief Code Compliance Officer Lupo clarified for the record that the improvements were on the rental part of the property. The City requires inspections and permits to insure that construction is done correctly, for the safety of any future tenants. Mayor Anton passed the gavel to Vice-Mayor Jones and motioned to abate the lien as recommended by the Special Magistrate; seconded by Commissioner Bertino. The motion failed on the following 2-2 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones No Commissioner Castro No Mayor Anton Yes Commissioner Castro motioned to abate the lien to $10,000.00, to be paid within 30 days; seconded by Vice-Mayor Jones. The motion carried on the following 3-1 Roll Call vote: Commissioner Bertino No Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes 3.7 Request for abatement for Ana & Roberto Aguilera, Case #06-0755, for property located at 274 SW 7`h Street (#1203-05-0230) Attorney Tim Ryan advised the property was cited for five violations: failure to cover all open ground spaces with sod; failure to pressure clean or paint the building; failure to obtain permits for installation of doors and windows; failure to obtain permit for construction of fence; and failure to obtain permit for installation of an air conditioner. The fine ran for 169 days for a total of$17,059.50, including recording fee. The Special Magistrate recommended abating the fine to $1,200.00. Roberto Aguilera, applicant, presented photos of his property to the Commission. He confirmed he has complied with Code and permits were obtained as required. Nick Lupo, Chief Code Compliance Officer, pointed out that the applicant has worked hard to comply with Code and has greatly improved the building since the original photos. Commissioner Bertino motioned to abate the lien to $1,200.00, to be paid within 30 days; seconded by Vice-Mayor Jones. The motion carried on the following 3-1 Roll Call vote: Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday,July 19,2007-6:00 p.m. Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro No Mayor Anton Yes Item #3.8 was heard after Item #3.1 3.8 Request for abatement for Ali Masaei, Bakari Miller, Case 406-0854, for property located at 1001 SW 12th Avenue (#1203-34-0030) Attorney Tim Ryan advised the property was cited for one violation: failure to obtain permit and replace damaged roof which is in state of disrepair. The fine ran for 215 days for a total of $21,659.50, including recording fee. The Special Magistrate recommended abating the lien to $5,000.00. Kurt Hilberth, Attorney for the applicant, noted his client was a mortgagee of the property. He requested the fine be reduced to zero because his client did not cause this violation and could not fix it because he did not own the property. Commissioner Bertino motioned to abate the lien to $5,000.00, to be paid within 30 days; seconded by Vice-Mayor Jones. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Item #3.9 was heard after Item #3.7 3.9 Request for abatement for Zion & Yahudith Fadlon, Case #06-1290, for property located at 4940 SW 26`h Terrace (90232-02-0091) Attorney Tim Ryan advised the property was cited for four violations: failure to remove bulk trash, and failure to remove junked or abandoned vehicle. The fine ran for a total of 57 days for a total of$7,125.00, including recording fee. The Special Magistrate recommended abatement of fifty percent ($3,646.50). Nick Lupo, Chief Code Compliance Officer, advised they have received a certified letter stating that the applicant will be out of the country until October 2007. Vice-Mayor Jones motioned to continue this case until after the applicant returns in October; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Minutes of Abatement Hearing 5 Dania Beach City Commission Thursday,July 19,2007—6:00 p.m. 4. Adjournment Mayor Anton adjourned the meeting at 6:55 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC BOB ANTON CITY CLERK MAYOR—COMMISSIONER Minutes of Abatement Hearing 6 Dania Beach City Commission Thursday,July 19,2007—6:00 p.m. MINUTES OF BUDGET WORKSHOP / • / DANIA BEACH CITY COMMISSION TUESDAY, JULY 24, 2007 — 8:00 A.M. 1. Call to Order Mayor Anton called the workshop to order at 8:00 a.m. 2. Roll Call Present: Mayor: Bob Anton Vice-Mayor: Albert Jones Commissioners: John Bertino Anne Castro Patricia Flury City Attorney: Tom Ansbro City Manager: Ivan Pato City Clerk: Louise Stilson Also Present: Patricia Varney, Finance Director Nicki Satterfield, Assistant Finance Director Dominic Orlando, Director of Public Services and Utilities Leo Williams, Public Services Department Superintendent Mary McDonald, Director of Human Resources and Risk Management Laurence Leeds, Director of Community Development Mike Cassano, Deputy Fire Chief Kristen Jones, Director of Parks and Recreation Donn Peterson, BSO Chief 3. Presentation and discussion on the City Manager's Proposed FY07/08 Operating Budget Appropriations City Manager Pato presented his opening statement: I appreciate the opportunity to present the proposed FY 2008/2009 Budget for your review and consideration. The proposed budget before you today is balanced at the state-mandated rollback rate of 5.4044 mills. Staff made significant contributions to bring you a number of cost reductions and savings. Excluding capital projects, the proposed budget reflects a 2.2 percent reduction over last year. More importantly, the proposed budget does not reduce levels of service, does not add additional full-time employees, and requires no layoffs. While personnel costs have increased by $255,000 or 1.6 percent over last year, total operating expenses have been reduced by 1.6 percent. It is virtually certain that the voters or the legislature will mandate further tax cuts next year. Thinking ahead, we will need to find additional cost savings if we are to balance the 2009/2010 budget. We are prepared to have a discussion with you today on possible options that could prepare us for the City's FY 2009 budget. Aside from more Tax Reform, we'll be facing additional financial burdens in FY 2009. The Commission has moved some capital projects from FY 2008 to FY 2009. As such, we will need to find at least $500,000 to $700,000 in 2009 to equip Fire Station 93 and complete the Public Services Complex. This does not include an estimated $800,000 needed to complete the fueling station. The actuary's preliminary GASB 45 report indicates that the City's annual required contribution is $1.8 million. This money has yet to be identified in the budget. You will be hearing more from Finance later today. The 2001 population certified by the Department of Revenue does not reflect 2001 post- annexation population. Despite our challenging the state, the DOR maintains their position. In an abundance of caution, we need to be prepared for a possible potential citizen challenge to DOR findings. We also need to consider the possibility that DOR may reverse its original position. If this were to occur, it is unclear if the state would require us to reimburse the taxpayers for the difference. While nothing suggests a citizen challenge or DOR position change at this time, we need to have a plan in case either event occurs. The anticipated budget surplus this year will bring our fund balance to approximately $16M. However, we are still $4M short of the City Commission's stated goal of a $20M reserve. We will not be able to achieve this goal without significant cost reductions beyond those shown in the proposed budget. We are looking forward to your direction. Patricia Varney, Finance Director, presented a Power Point as a synopsis of the proposed FY 2008 Budget, which is attached to and incorporated into these minutes. Commissioner Flury commended Director Varney and her staff for a very well presented budget. She commented she is not concerned with the revenues projected for next year because they are projected at a lower level than 2007. However, she is concerned with salary costs, including the cost of outsourced positions, which have increased fifty percent within a period of three years. Commissioner Flury pointed out this is a problem and we need to address it. She noted there are three new positions in this proposed budget that she would not approve: 1) the Engineer position should have been eliminated from this year's budget; 2) the Grant Writer position was never approved by the Commission; 3) the Commission never approved a 3-year transition plan for Minutes of Budget Workshop 2 Dania Beach City Commission Tuesday,July 24,2007—8:00 a.m. Firefighters, and she wanted this information removed from the Opening Letter to avoid any misunderstandings in years to come. Commissioner Flury would like the Elections to be funded on an accrual basis, i.e., budget funds every year, not every other year. She did not feel comfortable taking out the $150,000 budgeted last year for hurricane expenses. Commissioner Flury did not want to drop the Fire Assessment fee all the way to $91.57 and she did not want an increase in Permit Fees for residents. City Manager Pato clarified that the budget message does not say that the Commission approved three new positions for this year. They approved a 3-year transition plan to phase in three Firefighters per year, to reach a total of nine positions. Mayor Anton clarified there was no specific plan approved, but the impression was that the Fire Department needed to increase positions. The intention was to look at funding the entire nine positions. City Manager Pato indicated he was not recommending hiring three Firefighters, he would only show the Commission where to find the funding for these positions, should they decide to approve three additional Firefighters. Mayor Anton requested, for the record, that the last paragraph on Page 2 of the Opening Letter be removed as recommended by Commissioner Flury and a clearer language included accordingly. Vice-Mayor Jones pointed out that if this is a safety issue, we would need to consider it in the future. Commissioner Bertino commented if we want to save some positions, we need to put them in with the concept recommended by the City Manager. He suggested including them with the caveat"to add the positions if there are funds available". Finance Director Varney presented a Power Point on FY 2008 Budget List of Considerations, which is attached to and incorporated into these minutes. Director Varney noted if all the recommendations are approved it would be an additional $1.2M savings. Commissioner Castro confirmed with Dominic Orlando, Director of Public Services, that there will not be a reduction in personnel due to the new technology introduced with the operation of the new water tank. She also commented on the high number of vehicles in the Public Services Department and the City in general. City Manager/Code Compliance/Beach/General Administration City Manager Pato noted there are no increases in the City Manager budget. Director Varney explained that she reduced the revenue in FY 2008 for Code Compliance because this year we received an additional $100,000 in revenue. Minutes of Budget Workshop 3 Dania Beach City Commission Tuesday,July 24,2007—8:00 a.m. Colin Donnelly, Assistant City Manager, commented that we are no longer looking at contracting out the Beach Lifeguard positions with the Jeff Ellis Group. The City of Hollywood has approached us about taking over the positions, which would result in a $50,000 savings to the City. He thought using the public sector would be more advantageous for the City. Commissioner Flury noted she would not be interested in outsourcing the Beach Lifeguard positions, unless there is a major saving to the City. Commissioner Castro cautioned about outsourcing too many services to the City of Hollywood. Her preference would be to stay in Dania Beach. City Manager Pato asked the Commission if they wanted to consider the following: reducing the number of hours of operation for the Beach Lifeguards on weekdays; consider eliminating one position; or changing the location of lifeguard stations in order to reduce the City's liability. The Commission requested additional information in order to make an informed decision. Commissioner Flury commented we need to take the $48,000 for the Grant Writer out of General Administration. Director Varney explained that grants do not provide funding for a Grant Writer, this cost needs to be provided by the City. She noted the $48,000 is a retainer fee for the Grant Writer to apply for approximately 10-15 grants per year. Director Varney pointed out that if we decide to look for a Grant Writer we would need to prepare a Request for Qualifications in order for the Commission to choose from one of the responding firms. Commissioner Flury thought it was not necessary to go out to bid for this service. She suggested bringing in someone with experience who has been highly recommended by another large organization, and contracting with this person to work on one grant to see how it works. Commissioner Flury thought leaving $25,000 should cover the expenses involved in this process. City Manager Palo suggested eliminating $48,000 and adding $25,000 to his budget for Professional Services. It was the Commission consensus to add $25,000 to Professional Services in the City Manager Budget. Commissioner Castro thought we needed to bring in someone to spur redevelopment which would generate more revenues and allow the residents to have some tax relief. Commissioner Flury agreed with Commissioner Castro. She would also like to see a Director of Economic Development position. Vice-Mayor Jones suggested inviting someone to come in and give us some redevelopment ideas. Minutes of Budget Workshop 4 Dania Beach City Commission Tuesday,July 24,2007—8:00 a.m. Commissioner Castro noted we do not have a person who seeks out the companies and explains what we want. She commented bigger cities have a whole department dedicated to redevelopment. Commissioner Castro would prefer a full-time position that would report to the CRA Board. Commissioner Bertino commented the City Manager is good at public relations, but the market conditions are currently not good. He suggested waiting until after the Tax Reform issue has been resolved. It was the consensus of the Commission to add a position of Director of Economic Development, to be funded from Contingency. Commissioner Flury questioned if the Commission wanted to continue the Lobbyist services with Tidewater Consulting. Mayor Anton commented the immediate future is unknown and this is not the right time to be without a voice in Tallahassee. He would prefer to re-negotiate the contract and reduce their fees. Vice-Mayor Jones thought Tidewater would not try any harder if we reduced their fees. He suggested finding someone else to represent us in Tallahassee and move on. It was the consensus of the Commission to have City Attorney Ansbro review the Tidewater agreement and bring back options. Department of Human Resources & Risk Mana eg ment Mary McDonald, Director of Human Resources and Risk Management, distributed a copy of the Compensation Plan to the Commission, which is attached to and incorporated into these minutes. Commissioner Flury commented that the General Employees should start paying a higher portion of their health insurance premium,just as the Fire Union Employees started paying last year. Director McDonald confirmed for Commissioner Flury that it would not be a problem to add another tier to the current benefit packet. Director McDonald explained the Workers Compensation increase is due to increase in payroll. She confirmed there have been eight new positions and increases in payroll costs. Director Varney advised personnel costs increased $340,000 in FY 2008. Director McDonald advised that the compensation plan was revised a couple of years ago, and longevity was rolled into salaries which increased the base pay. Eventually, we will lose these Minutes of Budget Workshop 5 Dania Beach City Commission Tuesday,July 24,2007—8:00 a.m. positions when the employees retire. She thought that with the changes that have taken place we would be able to attract better people and become more competitive. Commissioner Castro thought we had a very good compensation package. She commented that our salary ranges exceed the salary ranges in the private sector. Commissioner Castro further noted that in the private sector, employees pay a portion of their insurance costs and they have fewer holidays. Public Services Department Commissioner Castro questioned if we have audited the City of Hollywood to check the operation of the water-sewer treatment plan. Dominic Orlando, Public Services Director, responded we receive a quarterly report from Hollywood which is reviewed. This report shows the costs and how they are split. He noted the City of Hollywood is currently issuing an RFQ to update the Large User Agreement and that he is part of the committee. Commissioner Castro suggested the agreement include a clause stating that we can audit their services. Director Orlando noted the Engineer position is needed, but a more appropriate position would be Deputy Director with a degree in engineering. He further advised wastewater charges could increase substantially in the future. Department of Community Development Laurence Leeds, Director of Community Development, commented on the proposed fee schedule. He explained how and why the fees were derived. Commissioner Castro agreed with the proposed fee schedule. She commended the Community Development Department for their accomplishments this year. Vice-Mayor Jones confirmed with Director Leeds that affordable housing is not impacted any differently than more expensive housing. He did not oppose increasing the fees. Mayor Anton commented most cities will be increasing their fees and agreed with staffs recommendation. Director Leeds advised our fees are currently in the mid-range fee structure compared to other cities in Broward County. It was the Commission consensus to approve the proposed fee increases. Minutes of Budget Workshop 6 Dania Beach City Commission Tuesday,July 24,2007—8:00 a.m. Parks & Recreation Kristen Jones, Director of Parks and Recreation, thanked the Commission for their support with all their projects. She clarified for Commissioner Castro that the $10,000 for the Seniors is included in the Parks and Recreation budget. Commissioner Castro congratulated Director Jones and staff for doing a great job managing their projects this year. Vice-Mayor Jones confirmed with Director Jones that playground equipment will be installed at Chester Byrd, Frank C. Adler and C.W. Thomas Parks. Director Jones indicated they are planning a grand opening for the C.W. Thomas Community Center the first week in October, with a barbecue for the community. The pool should be completed by next summer. City Attomey Commissioner Flury would like to amend the organizational chart to include outside counsel to the City Attorney's office. She thought the City Attorney should be the liaison between the City and our legal consultants. City Manager Pato questioned if the City's Lobbyists should be included in the organizational chart to the City Attorney. It was the Commission consensus to add the City Lobbyists to the City Attorney organizational chart. Director Varney noted the Airport Restricted Reserve Fund will drop to $440,000. She advised the only way to increase the fund back to $500,000 is to take the money from the General Fund. It was the consensus of the Commission to raise the Airport Restricted Reserve Fund back to $500,000 by taking the money from this year's surplus. Police (BSO) Commissioner Castro requested a breakdown of personnel be included in the back-up material. BSO Chief Donn Peterson noted we have a total of 79 positions, which are all currently filled. This includes 67 swom positions, and 9 civilian positions. He advised the elimination of three CSA positions would result in less daytime coverage, no evening coverage, no weekend coverage, and no Sub-Station coverage. Minutes of Budget Workshop 7 Dania Beach City Commission Tuesday,July 24,2007—8:00 a.m. Mayor Anton confirmed with Chief Peterson that they are in the process of installing an emergency hotline for after-hours emergency access. Commissioner Bertino questioned if we could increase the size of the zones in order to reduce the number of zones in the City. Chief Peterson responded that smaller zones with more officers result in lower crime. He advised we have eight zones. Chief Peterson confirmed for Commissioner Bertino that our zones are geographically compatible with other cities in Broward County. Mayor Anton did not support reducing the zones. He thought this would affect the safety of our people. Commissioner Flury was concerned with cutting the clerical positions without having knowledge of the hours of call volume. She noted if the police dog is no longer in the department, we should consider eliminating the dog handler position. Chief Peterson indicated the call volume was heavier at City Hall than the Sub-Station. He noted the K-9 deputy remained with the department when the dog retired. It was the Commission consensus to eliminate the dog handler position, maintain the deputy, but cut out one full-time sworn position. Attorney Tim Ryan Attorney Ryan distributed a report on amounts received from Code violations (not to the Clerk). He clarified that we cannot foreclose on homestead property. He will look at the list Commissioner Flury provided him and comment at the next Abatement Hearing. Attorney Ryan commented the Special Magistrate handles more cases than the Code Enforcement Board, which results in more compliance. City Manager Pato confirmed with Attorney Ryan that modernizing our Code and doing away with the old County Code has been beneficial to the neighborhoods. Attorney Ryan noted that the Code officers issuing the citations are doing their jobs, but are also sensitive to property owners who need a little time to correct problems. He responded for the Commission that there are no pending major litigation cases that are problematic. City Attorney Ansbro advised we received a favorable court ruling on the second Russo case. Minutes of Budget Workshop 8 Dania Beach City Commission Tuesday,July 24,2007—8:00 a.m. Fire Department Commissioner Bertino questioned if the fire rating would change because we do not have a Fire Chief. Deputy Fire Chief Cassano responded it should not affect the insurance rates of property owners. He further noted that they will request a rating of the Insurance Service Organization once Fire Station 93 is completed and we are able to put three Firefighters on a fire engine. Vice-Mayor Jones questioned the process of Fire Inspections. Deputy Fire Chief Cassano responded we currently average the best in the County for turnaround in plans review. The division will be relocating back to City Hall by the end of the year. He asked the Commission to reconsider the elimination of the bunker gear in this year's budget. Deputy Fire Chief Cassano requested replacement of ten sets this year, and ten next year, which would represent an additional $9,800 in the budget. It was the Commission consensus to include the $9,800 for the bunker gear. Deputy Fire Chief Cassano noted for the record that they will need to replace a fire vehicle next year. City Clerk Commissioner Flury suggested including $50,000 in this year's budget for election expenses. Finance Director Varney suggested establishing a fund. It was the Commission consensus not to establish the fund. Commissioner Castro commended City Clerk Stilson and her staff for their accomplishments this year. Lunch Break Mayor Anton recessed the Workshop at 11:48 a.m. Mayor Anton reconvened the Workshop at 12:30 p.m. Finance/Information Services/Actuary presentation on GASB 45 Ben Upchurch, Jr., Milliman Consultants and Actuaries, presented an overview of GASB 45 which is attached to and incorporated into these minutes. Minutes of Budget Workshop 9 Dania Beach City Commission Tuesday,July 24,2007—8:00 a.m. Director Varney clarified for Commissioner Castro that we do not need to fund the liability now, but we do need to book it effective in FY 2009. She explained that part of our problem is that the City pays 2/3 of the retiree insurance benefit, as well as 2/3 of the spousal coverage, whereas other cities ask their retirees to pay 100 percent of the premium. Commissioner Castro was concerned about the solvency of the City's finances. Director Varney confirmed for Commissioner Flury that the Actuary Study on GAS13 45 is performed every two years. Mr. Upchurch noted if the City can afford to fund the liability, we are able to look at a discount rate that is higher than 4.5 percent. He reaffirmed that if we are discounted with a higher percent, the liabilities decrease automatically. Commissioner Castro questioned the amount of$15,082 (equivalent to a ten percent increase in FY 2008) shown under the Information Services Division/Personal Services. Director Varney explained that this reflects the reclassification of the Technical Support Analyst to Technical Support/Webmaster which was done after the FY 2007 budget process. Commissioner Flury questioned when salary adjustments are made. City Manager Palo responded it was done at Mid-Year adjustments. City Commission There were no comments on the City Commission budget. Marina Fund Assistant City Manager Donnelly commented $192,000 was budgeted to upgrade the Marina, which includes consultant services. He advised that FIND does not reimburse until after funds are spent; the funding cycle begins in January and ends in March; and they usually make a decision around August. Assistant City Manager Donnelly advised we would be applying in January for construction costs. He noted we would also be going out for Letters of Interest for management of the Marina as discussed at the Strategic Planning Session. Vice-Mayor Jones asked if this amount would include the reconfiguration of the Marina. He confirmed what items were being considered in the design plans. Vice-Mayor Jones pointed out that he wanted to do the project right. Assistant City Manager Donnelly clarified for Vice-Mayor Jones that FIND will contribute with fifty percent of the construction costs, but they will not commit to that in a one-year period. Minutes of Budget Workshop 10 Dania Beach City Commission Tuesday,July 24,2007—8:00 a.m. Commissioner Flury commented we need to find out if we are going to own the Marina before we move forward with repairs. City Attorney Ansbro advised we are currently having an evaluation/appraisal performed to see what FAU would be giving up if they turn the Marina over to the City. Mayor Anton confirmed with Assistant City Manager Donnelly that the amount allocated for grounds and maintenance will be sufficient to cover any safety issues for next year. Revenue City Attorney Ansbro clarified for the Commission that the Tree Preservation Fund can be used for new landscaping, not irrigation. He advised the Commission could change the Ordinance, but it would need to be modeled consistent with the Broward County Landscape Ordinance. The Commission generally agreed to have City Attorney Ansbro review the Law with a view to include maintenance irrigation. Finance Director Varney brought back the List of Considerations. Lifeguard Coverage Assistant City Manager Donnelly advised the recommendation was to reduce the lifeguard towers from 5 to 4 on weekends, and from 4 to 3 on weekdays. Mayor Anton pointed out that we need to know the standards before making any hasty decisions. He would not want to eliminate any of the towers and suggested doing research first. Assistant City Manager Donnelly thought we did not guard the north side of the Pier in the past, until it was brought to our attention that it could become a liability issue. It was the Commission consensus to place this item on hold. Community Bus Service Mayor Anton reaffirmed that as previously suggested by Commissioner Castro we need to have a ridership list before a decision is made. City Manager Palo advised that Broward County funding of the Community Bus will disappear next year. It was the Commission consensus to put this item on hold. Minutes of Budget Workshop 11 Dania Beach City Commission Tuesday,July 24,2007—8:00 a.m. Reduce Operating Hours at Parks Finance Director Varney advised that closing the parks one hour early and all day Sunday would save the City $26,000. There would be an additional $12,000 saving if we close the Aquatic Center. It was the consensus of the Commission to keep the parks open with the same hours. Public Safety City Manager Pato recommended cutting the civilian clerical positions, as opposed to Law Enforcement sworn officers on the road. BSO Chief Peterson noted he would rather keep one CSA in favor of the Administrative (Crime Analyst)position. It was the consensus of the Commission to eliminate the dog handler position, one civilian position, and to keep two CSA positions, provided the emergency phone is available to the public. It was the Commission consensus to wait until Mid-Year adjustments to consider phasing in one additional Firefighter. Finance Director Varney advised the proposed increase in Fire Inspection Fees would be approximately twelve percent, which equates to additional revenues of $38,000. She further indicated that our City fees are lower than other similar cities in Broward County. It was the Commission consensus to increase Fire Inspection Fees as recommended by staff. Finance Director Varney clarified for Vice-Mayor Jones that the annual residential assessment is based on preference of units, while commercial fees are based on square footage calculated on a three year call volume average. It was the Commission consensus to raise the Fire Assessment fee for residential and commercial by 2.1 percent. Citywide It was the Commission consensus not to eliminate educational reimbursement. It was the Commission consensus not to eliminate the COLA. Minutes of Budget Workshop 12 Dania Beach City Commission Tuesday,July 24,2007—8:00 a.m. It was the Commission consensus not to eliminate aid to charitable organizations. It was the Commission consensus to raise the parking meter fees by $0.25 per hour. It was the Commission consensus not to change the 50-50 Sidewalk Program. Vacant Positions to be filled It was the consensus of the Commission to fill the following positions: Administrative Specialist—Code Compliance Unit Accounting Technician— Finance Department Recruitment Coordinator—Human Resources/Risk Management Department Fire Chief— Fire Department Firefighter/Paramedic (1)—Fire Department Code Inspector (1) —Code Compliance Unit The Commission asked Assistant City Manager Donnelly to provide data showing the number of employees used by other cities in the Code Compliance Unit. The comparison should be based on cities with similar population and geography. Vacant Positions remain frozen It was the consensus of the Commission to keep the following positions frozen: Engineer (Public Services Department) Administrative Assistant—Human Resources/Risk Management Department Lifeguard—Office of the City Manager (Beach Division) Supervisor—Beach Lifeguards—Office of the City Manager(Beach Division) City Manager Performance Review City Manager Palo noted his performance review equates to an above average 3.53 percent. He advised that four Commissioners responded. Vice-Mayor Jones chose not to provide input at this time, based on the short period of time he has been on the Commission. City Manager Palo indicated that the deficiencies pointed out by some of the Commissioners are very important and will be addressed accordingly. Mayor Anton noted for the record, the performance evaluations are the same for all staff. Finance Director Varney clarified the merit increase is included in the budget for all staff, except the City Manager, as directed by the City Manager. He wanted to wait until he received all of the reviews from the Commission. Minutes of Budget Workshop 13 Dania Beach City Commission Tuesday,July 24,2007—8:00 a.m. City Manager Pato advised the merit increase would be 4.2 percent, but he will not accept the COLA in the future because he needs to set an example. 4. Adjournment Mayor Anton adjourned the Workshop at 2:30 p.m. CITY OF DANIA BEACH BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK Minutes of Budget Workshop 14 Dania Beach City Commission Tuesday,July 24,2007—8:00 a.m. MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, JULY 24, 2007 — 7:00 P.M. 1. Call.to Order Mayor Anton called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Father Roger Holoubek, St. Maurice Catholic Church, gave the Invocation followed by the Pledge of Allegiance to the United States Flag. Vice-Mayor Jones asked for a moment of silence for Michael Curry who was killed by a car bomb in Afghanistan, along with three others today. 3. Roll Call Present: Mayor: Bob Anton Vice-Mayor: Albert C. Jones Commissioners: John Bertino Anne Castro Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals 4.1 Broward Sheriff's Office Fire Rescue Issues — Sergio Pellecer, Union President, Dania Beach Fire Department Sergio Pellecer explained that our community may be affected by the proposed tax reform and we may have to face budget constraints. He requested the Commission consider the following items: 1) a one year extension to the Firefighters Union Contract, including COLA, while they negotiate a new contract; and 2) allow the City Manager to do a fact-finding investigation with the Broward County Sheriffs Office for fire services. Mr. Pellecer advised he was representing the Union and this is what they want, although they have not voted on this issue. Commissioner Castro thought the Firefighters should be able to look for every opportunity for them and their families. She supported the fact-finding investigation. Commissioner Flury felt it was inappropriate for the Firefighters Union President to be here without a Union vote. She thought this was not the right time to talk to the Broward County Sheriffs Office, since they are now undergoing certain investigations. Mayor Anton clarified that nobody is talking about merging the Dania Beach Fire Department with Broward County or the City of Hollywood. He did not see a problem in having the City Manager research other options and thought it was a wise decision to make at this time. However, the contract extension was a collective bargaining issue to be discussed separately. Vice-Mayor Jones indicated we all want what is best for the citizens of Dania Beach and our Firefighters. He wanted to insure that the exploration was the sentiment of the Union. Although we are not interested in merging with BSO at this time, we can definitely explore this option. Commissioner Flury clarified she was not in favor of proceeding with this action. She further noted that if the Commission chooses to move forward, it should be through the City Manager only, and should also include exploration of the Town of Davie, City of Hollywood, and the City of Ft. Lauderdale. Commissioner Bertino commented our Firefighters provide an excellent service and know our residents very well. He would like to know if a majority of our Firefighters want to move to the County. He thought a fact-finding was counterproductive and would ruin Firefighter morale. Commissioner Castro thought the Firefighters would discover that Dania Beach is better than whatever else is out there. As to the contract extension, she did not oppose a one-year extension. Mayor Anton once again clarified that this was only a fact-finding investigation to be handled through the City Manager. Commissioner Flury wanted to make sure that the City Manager's main focus would be on cost and quality and not opportunities for promotion. Sergio Pellecer noted that six years ago Commissioner Flury told him he needed to look for options somewhere else, and that is what they now want to do. He pointed out that Dania Beach is the only City that sends out a fire truck with only two Firefighters, and that is not safe. City Manager Palo reassured the Commission that he would personally handle the fact-finding investigation and would not delegate this matter to anyone else. 4.2 Presentation and motion to approve the City of Dania Beach Debt Management Policy—Patricia Varney, Director of Finance It was the consensus of the Commission to continue this item until the August 14, 2007 City Commission meeting, in order to allow the Commission more time to review the proposed policy. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,July 24,2007—7:00 p.m. Mayor Anton congratulated staff for their hard work on the Budget. He specifically recognized the Finance Department staff for their time and effort with the preparation of the Budget. 5. Proclamations 5.1 Dania Lions Club 60`h Anniversary Mayor Anton presented the Dania Lions Club 60`h Anniversary Proclamation to Jim Silvernale, President of the Dania Beach Lions Club, and several other members of the Dania Beach Lions Club. Jim Silvernale presented Mayor Anton with a plaque for the City of Dania Beach in recognition of their support to the Dania Beach Lions Club. 6. Citizen Comments Jimmy Crimminger, 237 SW 15`h Street, thanked Mayor Anton and Commissioner Castro for moving the traffic calming project forward for his neighborhood. He noted that Lisa Young and Joe Van Eron will continue to work with the Maritime Organization on the acquisition of property for the turn circle. 7. Consent Agenda 7.1 Minutes: Approve Minutes of the June 23, 2007 Strategic Planning Session Approve Minutes of the June 26, 2007 City Commission Meeting 7.2 Travel Requests: Conference registration for Joe Van Eton, President of the Dania Beach Tourism Council, and Commissioner Anne Castro to attend the 40`h Annual Florida Governor's Conference on Tourism. (Cost $590) Resolutions 7.3 RESOLUTION #2007-137 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A ONE YEAR RENEWAL AGREEMENT ON BEHALF OF THE CITY WITH DRC EMERGENCY SERVICES, LLC, FOR DISASTER RECOVERY SERVICES WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,July 24,2007—7:00 p.m. Commissioner Flury motioned to approve the Consent Agenda; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 8. Bids and Requests for Proposals 8.1 RESOLUTION #2007-135 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA RELATING TO THE AWARD OF CONTRACT FOR THE PUBLIC SAFETY FACILITY 93, LOCATED AT 4601 SW 30TH AVENUE; AUTHORIZING THE AWARD OF BID TO BRADANNA, INC. IN THE AMOUNT OF $3,039,500.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-135. Commissioner Flury motioned to approve Resolution #2007-135; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 8.2 RESOLUTION #2007-136 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF CONTRACT FOR THE LASER GRADE AND RE-SODDING PROJECTS AT P.J. MELI, FROST AND C.W. THOMAS PARKS; AUTHORIZING THE AWARD OF BID TO SPORTS TURF ONE, INC. IN THE AMOUNT OF $267,578.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007436. Commissioner Bertino motioned to approve Resolution #2007-136; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9. Public Hearings and Site Plans Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,July 24,2007—7:00 p.m. 9.1 ORDINANCE #2007-014 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING AN AMENDMENT TO CHAPTER 28 OF THE CODE OF ORDINANCES RELATING TO THE INDUSTRIAL-GENERAL (IG) ZONING DISTRICT TO PROVIDE FOR ADDITIONAL PERMITTED USES AND REGULATIONS FOR CERTAIN DESCRIBED LANDS WITHIN SUCH ZONING DISTRICT WHICH AREA IS GENERALLY NORTH OF THE DANIA CUT-OFF CANAL AND SOUTH OF TAYLOR LANE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2007-014. Laurence Leeds, AICP, Director of Community Development, advised this is a zoning text change initiated by the property owners in the area known as Port Laudania, to allow existing boat-building businesses to continue operations consistent with past practice. The City Attorney advised that business owners must either comply with the current IG zoning or the IG zoning would need to be amended. Director Leeds advised that the Planning and Zoning Board recommended approval of the request with certain conditions. Staff concurred with some of the Planning and Zoning Board recommendations in addition to other options that could be addressed between first and second reading of the Ordinance. Mayor Anton explained that the request is to allow a barge, so that a crane could be loaded onto a barge when needed. He indicated that while we are trying to accommodate the businesses involved, he would not support leaving the barges permanently. Commissioner Flury suggested allowing barge/shipping operations no more than six times per year. Director Leeds confirmed the Commission consensus for operations to be conducted no more than six times per year. Heidi Davis Knapik, Gunster Yoakley, Attorney for the applicant, confirmed they are agreeable to six times per year, but would like the option to come before the Commission if additional times are necessary. She noted that sometimes the barges are needed for more than one day at a time. She requested including some language stating the total operating days allowed per year. Commissioner Flury thought we should give them flexibility to run their business. She suggested a maximum of forty-five days per operation, and if additional time is required, the applicant could request permission from the City Manager or the City Commission. Director Leeds pointed out that the current language would allow the companies to work as shipping companies. He further noted that if it is regulated, a permit should be required so that we have a record showing how many times the barge has been there. Mayor Anton opened the Public Hearing. Jimmy Crimminger, 237 SW 15a' Street, commented that people have told him that the City is very quick issuing permits. He was concerned about the contents of the containers and terrorism. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,July 24,2007—7:00 p.m. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearing. A representative of Derecktor Gunnell explained the use of containers. City Attorney Ansbro confirmed wording relating to the containers could be included in the Ordinance. Commissioner Castro motioned to adopt Ordinance #2007-014, on first reading with the provision that we allow no more than six barge operations per business per year, no more than two barges at a time, not exceeding 30 days without staff approval, and the permit requirement at the discretion of staff, seconded by Commissioner Bertino. Attorney Davis Knapik confirmed the applicant concurred with the Commission's decision. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes The Commission further discussed the type of paving to be used in the parking areas. Commissioner Bertino motioned to allow gravel parking in all areas; seconded by Commissioner Castro. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton No Commissioner Flury Yes City Attorney Ansbro advised the remaining items were quasi-judicial matters, and swore-in those who would speak. He asked the Commission to disclose any communication they had on these matters. Mayor Anton, Vice-Mayor Jones and Commissioner Castro disclosed they had been contacted regarding Items #9.3, #9.4 and #9.5. 9.2 RESOLUTION #2007-131 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY HARRY A. ROLLE, HAR PROPERTIES CORPORATION, FROM CHAPTER 28,"ZONING", ARTICLE 5,"SUPPLEMENTARY LOT REGULATIONS"AND ARTILCE 6.21 "SCHEDULE OF OFF-STREET PARKING REQUIREMENTS", FOR VACANT PROPERTY GENERALLY LOCATED AT 377 PHIPPEN- WAITERS ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-131. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,July 24,2007—7:00 p.m. Laurence Leeds, AICP, Community Development Director, advised that the applicant is requesting three variances to construct a new single family home on an existing non-conforming lot. The Planning and Zoning Board recommended approval. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Harry Rolle, 218 NW 7`h Avenue, applicant, noted this would be a spec house. He indicated the proposed plan is for three bedrooms, two bathrooms, and a three-car brick paver driveway. However, due to the limitations in size, he reduced the parking spaces to two. Commissioner Flury noted the project would be a significant improvement to the area. She thought we should allow three parking spaces, made of some type of pervious material. Commissioner Castro motioned to adopt Resolution #2007-131, with additional parking and pervious pavers; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.3 RESOLUTION #2007-128 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY STEPHANIE J.TOOTHAKER, ESQ., ON BEHALF OF THE PROPERTY OWNERS ROBERT AND DONNA KRILICH, FOR THE PROJECT ALSO KNOWN AS OTO DANIA BEACH HOTEL; FOR PROPERTY GENERALLY LOCATED NORTH OF STIRLING ROAD, SOUTH OF DANIA BEACH BOULEVARD EXTENDED, AND EAST OF INTERSTATE 95, DANIA BEACH; FROM CHAPTER 28, "ZONING"; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42007-128, Resolution #2007-129 and Resolution#2007-130 because they all relate to the same property. Corinne Lajoie, AICP, Principal City Planner, explained the location of the property. The Special Exception is required for hotel use; variances are for parking, building height, and loading berths. The Planning and Zoning Board recommended approval of all three requests with conditions. She noted that staff also recommends approval with the added condition that the Special Exception shall only apply to a Hyatt Place Hotel and Summerfield Suites Hotel. Commissioner Bertino noted crime is increasing in parking lots within the City. He questioned if projects like this were also processed by BSO for their input. Laurence Leeds, AICP, Community Development Director, indicated some projects are brought to the attention of BSO, however, they did not see a safety issue in this case. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,July 24,2007—7:00 p.m. Mayor Anton opened the Public Hearings. Jimmy Crimminger, 237 SW 15"i Street, hoped the request would be approved. Stephanie Toothaker, Blosser & Sayfie, Attorney for OTO Development, presented a Power Point presentation. She noted that she concurred with staff recommendations, except for the hours of operation for the shuttle. Attorney Toothaker clarified that the hours of operation of the airport shuttle would be 5:00 a.m. to 12:00 midnight, and that between 12:00 midnight and 5:00 a.m. it would be an on-demand taxi service. She referred to the proposed relocation of the traffic signal and construction of a turn lane at SW 181h Avenue abutting the property of Frontier Development. Attorney Toothaker advised that OTO Development has offered a large contribution to Frontier Development toward that construction. She distributed self-explanatory documentation to the Commission, copies of which are attached to and incorporated into these minutes. Attorney Toothaker pointed out that they agree with all staff recommendations. The only condition they cannot completely support is that the approval shall apply only to the Hyatt Hotel. She indicated that their contract with the Hyatt is for twenty years, with no automatic renewal, and they cannot commit beyond that period of time. Director Leeds confirmed for Vice-Mayor Jones that the City's traffic engineers, Kimley-Horn and Associates, did not see any problems with this project. Commissioner Flury would like future site plans to show the property location as City of Dania Beach and not Fort Lauderdale. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearing. Commissioner Castro motioned to adopt Resolution #2007-128, with staff conditions; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.4 RESOLUTION #2007-129 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING A REQUEST SUBMITTED BY STEPHANIE J. TOOTHAKER, ESQ., ON BEHALF OF PROPERTY OWNERS ROBERT AND DONNA KRILICH, FOR A SPECIAL EXCEPTION TO ALLOW HOTEL USE IN A C-2 (COMMERCIAL) ZONING DISTRICT; FOR PROPERTY GENERALLY LOCATED NORTH OF STIRLING ROAD, SOUTH OF DANIA BEACH BOULEVARD EXTENDED, AND EAST OF INTERSTATE 95, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to adopt Resolution #2007-129, with staff conditions; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,July 24,2007—7:00 p.m. Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.5 RESOLUTION #2007-130 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PROPOSED SITE PLAN REQUEST SUBMITTED BY STEPHANIE J. TOOTHAKER, ESQ., ON BEHALF OF THE PROPERTY OWNERS ROBERT AND DONNA KRILICH FOR THE PROJECT ALSO KNOWN AS OTO DANIA BEACH HOTEL; FOR PROPERTY GENERALLY LOCATED NORTH OF STIRLING ROAD, SOUTH OF DANIA BEACH BOULEVARD EXTENDED, AND EAST OF INTERSTATE 95, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to adopt Resolution #2007-130, with staff conditions; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.6 RESOLUTION #2007-132 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST AND SETBACK WAIVER SUBMITTED BY MILLER LEGG & ASSOCIATES, INC. ON BEHALF OF THE PROPERTY OWNER MARINA MILE PARK OF COMMERCE, LLC., FOR PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF SW 30T"AVENUE AND SOUTH OF STATE ROAD 84,IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-132. Corinne Lajoie, AICP, Principal City Planner, explained the location of the property. She advised the applicant is requesting a waiver and site plan for an office/warehouse development. The Planning and Zoning Board recommended approval provided staff comments were addressed before issuance of a building permit. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. George Platt, Shutts & Bowen, Attorney for the applicant, noted this would be a green building consistent with the standards the Commission supports. He thought this would be a solid addition to the City of Dania Beach. Laurence Leeds, AICP, Community Development Director, clarified for the record that if the applicant decides to phase this project, they will not have to come back to the City Commission, as long as sufficient parking, landscaping and fire access requirements are met. Commissioner Bertino motioned to adopt Resolution #2007-132 subject to staff conditions; J seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,July 24,2007—7:00 p.m. Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino had no comments. 10.2 Commissioner Castro Commissioner Castro thought the Antique Sign on Federal Highway should be changed or updated. Commissioner Flury commented that the "Welcome to Dania Beach" sign at Miami Subs also needs to be maintained. Commissioner Castro thanked Leo Williams and Randy Kemmerling, Public Services Department, for addressing several tree issues in the City. Commissioner Castro commented the Lions Club event was terrific and very well attended. She recognized June Silvemale for her hard work. Commissioner Castro noted that neighbors in the area of Mullikin Park would like to convert the tennis court into a full basketball court. She suggested following the same procedure the Building Department uses whenever we have a new project. Commissioner Castro thought the residents needed to know what to do to have their request accomplished. Commissioner Castro congratulated Principal City Planner Corinne Lajoie on the upcoming delivery of her baby. 10.3 Commissioner Flury Commissioner Flury commented that the Miami Herald reported on June 30`h that Dania Elementary became an "A" school. She suggested sending a letter to the school on behalf of the Commission. She thought we should acknowledge and recognize the children's accomplishments. Commissioner Flury expressed her sympathies to the Curry family on their loss. Commissioner Castro advised there will be an article entitled "A Place to Live" in the Miami Herald on August 4`h which will spotlight Dania Beach. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,July 24,2007—7:00 p.m. 10.4 Vice-Mayor Jones Vice-Mayor Jones expressed his condolences to the Curry family. Vice-Mayor Jones thanked everyone for their good wishes on his recent hip replacement surgery. Vice-Mayor Jones thanked the City for co-sponsoring Progress in the Park with United Churches of Liberia. Vice-Mayor Jones thanked Men United for Positive Action (MUPA) and the African-American Village Council (AAVC) for recognizing him and other citizens in Dania Beach, at their recent event held at I.T. Parker Community Center. Vice-Mayor Jones read a letter sent to Ben Rudbeck of the Fire Department, from Memorial Regional Hospital, recognizing the good work of the Dania Beach Fire Rescue staff. Vice-Mayor Jones advised that on August 19, the oldest African American Church will be celebrating their 991h Anniversary. He invited the Mayor and members of the Commission to participate in their celebration. Vice-Mayor Jones would like Mayor Anton to present a Proclamation at this event. Vice-Mayor Jones commented he was concerned with the type of service we were receiving from our waste management provider, as well as the bulk rate. He noted that they have failed to pick-up on the scheduled day, particularly in the southwest area. Vice-Mayor Jones would like to include verbiage when we re-negotiate this contract clarifying that they should let the City know whenever they cannot comply with their scheduled dates. Vice-Mayor Jones commented the Marine Advisory Board had asked if we could give preference to citizens for docking. He asked City Attorney Ansbro to find out what other cities do and report back to the Commission. 10.5 Mayor Anton Mayor Anton commented that the Progress in the Park was a good event. He thanked BSO and the Hollywood Police Department for a great job in coordinating the parades. Mayor Anton advised that there will be a follow-up meeting for the southwest area in the Conference Room at City Hall, on Saturday,July 28, at 10:00 a.m. Mayor Anton commented he is concerned about people parking in the swale areas and the property owners not being able to do anything about it. He asked City Attorney Ansbro to look at the swale parking ordinance and report back to the Commission. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,July 24,2007—7:00 p.m. 11. Discussion and Possible Action 11.1 Motion to establish certification of the following "not to exceed" rates to Broward County Property Appraiser's Office for Fiscal Year 07-08: a. Millage Rate—Motion to confirm operating rate Commissioner Bertino motioned to confirm the Operating Millage Rate of 5.4044 mills; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes b. Millage Rate—Motion to confirm debt service rate Commissioner Castro motioned to confirm the Debt Service Rate of 0.1316 mills; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes c. Motion to confirm Stormwater Rate Commissioner Castro motioned to confirm the Stormwater Assessment Rate of $23 per ERU; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 11.2 RESOLUTION #2007-133 Revised Resolution A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF DANIA BEACH, FLORIDA; ESTABLISHING THE"NOT TO EXCEED" ASSESSMENT RATE FOR FIRE RESCUE ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE OF SUCH HEARING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-133. Vice-Mayor Jones motioned to approve Resolution #2007-133, establishing the Fire Rescue Assessment Rate; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,July 24,2007—7:00 p.m. Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 11.3 RESOLUTION #2007-134 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE IN THE CITY OF DANIA BEACH, FLORIDA; ESTABLISHING THE NOT TO EXCEED ASSESSMENT RATE FOR SOLID WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE GRIFFIN ROAD ANNEXATION AREA AND THE ANNEXED AREA DESCRIBED IN CHAPTER 2000-474, LAWS OF FLORIDA, OF THE CITY OF DANIA BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE OF SUCH HEARING;PROVIDING FOR CONFLICTS;FURTHER, PROVIDING AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-134. Commissioner Bertino motioned to approve Resolution #2007-134, establishing the Solid Waste Assessment Rate; seconded by Vice-Mayor Jones. The motion carried on the following 5- 0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes City Attorney Ansbro advised that following the discussions held at the Budget Workshop today, we would need a motion regarding the Airport Reserve Fund. The motion should state that at the end of FY 2007 the Airport Reserve Fund should reflect a balance of $500,000 and that the payment for the Sound Study in connection with the Airport litigation would be funded from the General Fund. Commissioner Castro motioned to have the financial statement for the end of FY 2007 related to the Airport Reserve Fund reflect a balance of $500,000, and that the Sound Study in connection with the Airport litigation be funded from the General Fund; seconded by Vice-Mayor Jones. The motion carried on the following 5- 0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 12. Appointments There were no appointments made at this meeting. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,July 24,2007—7:00 p.m. 13. Administrative Reports 13.1 City Manager City Manager Pato commented that the August 1, 2007 CRA Board Meeting, has one item regarding the Library. Because there are no other topics to discuss, City Manager Pato asked the Commission whether a meeting should be held. It was the consensus of the Commission to hold the CRA Meeting on August 1, 2007 at 6:00 p.m. City Manager Pato advised the Commission that if they were considering placing any referendum items on the November 2008 ballot, they should know that the deadline for items to be included is June 20, 2008. City Manager Pato commented on a memo he received from Broward County inviting him to participate on a committee for the creation of a Center for International Business. The meetings will last approximately 90-days and the purpose would be to promote international development and to possibly identify sites for this Center to be built or rented. He asked for Commission direction. The consensus of the Commission was that City Manager Pato participate on the committee, provided he makes no recommendation on behalf of the City without Commission approval. 13.2 City Attorney City Attorney Ansbro had no comments. 13.3 City Clerk—Reminders Wednesday, August 1, 2007—6:00 p.m. CRA Board Meeting Tuesday, August 14, 2007— 7:00 p.m. Regular City Commission Meeting Tuesday, August 28, 2007 — 7:00 p.m. Regular City Commission Meeting 14. Adiournment Mayor Anton adjourned the meeting at 9:41 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC BOB ANTON CITY CLERK MAYOR-COMMISSIONER Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,July 24,2007—7:00 p.m. CITY OF DANIA BEACH Agenda Item # 7• Agenda Request Item Date of Commission Meeting: 8/14/2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Request by Sylvia Sabrina Mitchell for renewal local business tax receipt for a Palmistry/Fortune Teller license for property located at 2511 Stirling Rd. Section 12.5-2 of the Dania Beach Code of Ordinances indicated such a license is to be granted or reviewed by the City Commission. n �x. � .' wic"'iu'.s6 = ,ZX"uead�Y.Y'm�.7�& Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ S�umrr Explanatloh/Baokground Fiscal ImpacilCost Summary 1.Copy of ordinance. 2. Copy of memo from Detective Richard Tarrant, BSO regarding background check investigation. 3.Copy of notification letter city commissioin hearing date. 4.Copy of application. Exhibit 1hibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 fbNeTeb Q6V! u:. Submitted by Date Department Director Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ Chapter 12.5 FORTUNETELLERS. PALMISTS, CLAIRVOYANTSAND ASTROLOGERS* Sec. 12.3.1. License required. It shall be unlawfpl to engage in the business of fortunetelling,palmistry, clairvoyancy or astrology in-the city unless such business is conducted by an individual who has applied for and obtained a license from the city for such business. tOrd. No. 20.90, § 1, 4.10.90) Seo. 12.3.2. Issuance and revocation of licema (a) The city commission of the CIty of Dania. Florida, is hereby authorized to grant or renew a fortunetelling, palmistry,clairvoyancy or astrology license for any period of time not exceeding ons year to any individual applying therefor on a form to be provided for in pars.graph( )of this section and the filing by the applicant of the bond required by section 12.5.3 of this chapter. 1 b) The form on which application shall be made for a fortunetelling,palmistry, clairvoy. ancy or astrology license shall require the following information: (1) Name of applicant; (2) Residence and business address of applicant; (3) The length of time for which a fortunetelling, palmistry, clairvoyancy or astrology license is desired; (4) A statement as to whether or not the applicant holds, or has held a fortunetelling, palmistry, clairvoyancy or astrology license from any state, municipality, governing body or licensing authority; a list of such licensee and a statement of the time. place and by whom issued; a statement as to whether any state, municipality, governing body or licensing authority has ever refused to issue or to renew a fortunetelling, palmistry, clairvoyancy or astrology license to the applicant together with a full and accurate statement as to the reasons for any such refusal; and a statement as to whether any state, municipality, governing body or licensing authority has ever revoked a fortunetelling, palmistry, clairvoyancy or astrology license held by the applicant together with a full and accurate statement as to the reasons for any such revocation; 5) A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or violation of any municipal ordinance, and if so, the nature of the offense and the punishment or penalty assessed thereto; 'Editor's note—Ord. No. 20.90, §§ 1-8. adopted April 10, 1990, did not specifically amend the Code:hence inclusion herein as Ch. 12.5, §§ 12.5.1-12.5.8, was at the discretion of the editor. Sections 9-12, providing for separability, codification, repeal of conflicting provi- sions and an effective date, have been omitted from codification. Cross references—Licenses, Ch. 15; fortunetelling for illegal purposes, § 17.7. Supp.No.40 753 FORTUNZ E'ir.LLERS. PALMISTS. CLAIRVOYANTS, ASTROLOGERS 4 12.5.6 -5) The applicant has been convicted of any crime or misdemeanor involving moral tur. pitude: or �6) The applicant or license holder has conducted his or her business in the city in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public. ie) Notice of the hearing provided for in paragraph(d) above shall be given in writing to the applicant or license holder as the case may be.Such notice shall be mailed,postage prepaid to the applicant or license holder as the case may be at his last known address at least fiv, l days prior to the date set for hearing.The applicant or license e l5 holder ea the case may be shall have the right to be represented at such hearing by counsel (Ord.No. 20.90. 12. 4.10.90) Sea 12.3.3. Judicial remedy by circuit court. Any person aggrieved by any decision of the city commission may,within thirty(30)days from the date of rendition of such decision, apply to the circuit court for the Seventeenth Judicial Circuit in and for Broward County, Florida, for a review of such decision of the city commission, which said review shall be limited to a petition at common law for a writ of certiorari. (Ord. No. 20.90, 13, 4.10.901 See. 12.5.4. License fees. The fees for a fortunetelling, palmistry, clairvoyancy or astrology license shall be in the sum of one thousand dollars 41,000.00)for each twelve-month period or fraction thereof. (Ord. No. 20.90, §4, 4-10.90) Sec. 12.3.5. Bond Every applicant for a fortuneteiling,palmistry,clairvoyanry or astrology license shall file vith the clerk-auditor of the city a surety bond running to the City of Dania. Florida, in the amount of one thousand dollars tu,000.00)with surety acceptable to and approved by the city commission conditioned that the applicant,if Issued a fortunetelling,palmistry,clairvoyanry or astrology license, will comply fully with all the provisions of the ordinances of the city, and the statutes of the State of Florida and will pay all damages which may be sustained by any person by reason of any fraud, deceit, negligence or other wrongful act on the pan of the licensee,his agent or employees in the conduct of the licensee's business.A liability insurance policy issued by an insurance company authorized to do business in the State of Florida which conforms to the above requirements may be permitted by the city commission in its discretion in lieu of a bond. !Ord. No. 20.90, § 5, 4-10.90) Sec. 12.5.8. Place of conducting activities. No fortunetelling,palmistry,clainoyancy or astrology activities shall be conducted within any of the residential areas of the city or other areas not zoned for such activity. ,Ord. No. 20.90, § 6, 4.10.90) Supp.No.40 755 KENJENNE SHERIFF BROWARD COUNTY P.O. BOX 9507 FORT LAUDERDALE, FLORIDA 33310 Date: July 25, 2007 Subject: Sylvia Sabrina Mitchell Race: W Sex:. F DOB: � Based on the above information, a check of the Broward Sheriff's Office Records was completed. The records of this agency reflect the following: NO ARREST RECORD ARREST RECORD ATTACHED: ❑ INCIDENT REPORT SEARCH: ® No Record ❑ Record Attached Please note that due to the limitations of our computerized database, the Broward Sheriffs Office cannot guarantee whether or not additional records may exist. To obtain a statewide background check, contact the Florida Department of Law Enforcement at: Internet: htta://www.fdle.state.fl.us/criminalhistory or FDLE - User Services Bureau/Public Records P.O. Box 1489 Tallahassee, FL 32302 Phone: (850) 410-8109 To obtain Clerk of the Court records on dispositions and court information, please contact the Clerk of Court directly at one of the following locations: Internet: http://www.clerk-17th-flcourts.org/bccoc2/pubsearch/public_search.asp Central Courthouse—201 S.E. 61h Street, Fort Lauderdale, FL 33301 North Satellite Courthouse— 1600 W. Hillsboro Blvd., Deerfield Beach, FL 33442 South Satellite Courthouse—3550 Hollywood Blvd., Hollywood, FL 33021 West Satellite Courthouse— 100 N. Pine Island Road, Plantation, FL 33317 CHECK COMPLETED BY: / CCN: 10143 *Check not valid without signature and CCN. 4 CITY OF DANIA INTEROFFICE MEMORANDUM TO: Chief Donn Peterson/ Detective Richard Tarrant Broward Sheriffs Office District II THRU: Laurence Leeds 6 (._, Community Development Director FROM: Pansy Warwick `'o Occupational License Coordinator RE: Request Background Check for Palmistry/Fortuneteller Occupational License— Sylvia Sabrina Mitchell —2511 Stirling Road DATE: June 25, 2007 A request has been made for renewal of an occupational license for a Palmistry/ Fortuneteller license. Section 12.5-2 of the Dania Beach Code of ordinances indicates such a license is to be granted or reviewed by the City Commission on an annual basis. The Renewal concerns the license of Sylvia Sabrina Mitchell, d/b/a as Sylvia Sabrina Mitchell at 2511 Stirling Road. The applicant will be given notice that a hearing will held before the City Commission meeting once this request is completed. Section 12.5-2 (d) lists the criteria by which the City Commission may refuse or revoke renewal of a Fortuneteller's license. One of the steps in obtaining renewal is for the Chief of Police to check for any violations as stated in Section 12.5-2 (d). A copy of the code section is attached. In order to process this request to be heard before the City Commission meeting, the background check for any/stated violations would need to be completed by July 6, 2007. Please contact us should you have any questions. attachment pw W . Broward County Sheriff's Ofn,, : • . �' - , 2601 West Broward Boulevard A Fort Lauderdale,FL 33312 (954)831-8900 Date: July 6, 2006 TO WHO IT MAY CONCERN: NA E AT OF BIRTH Based on the above information, a check of the Broward County Records was completed. The records of this agency reflect the following: >(NO RECORD ❑ FELONY RECORD ❑ TRAFFIC RECORD ** ❑ MISDEMEANOR RECORD ** ** Records may be inconclusive. For a complete check on traffic and misdemeanor, contact one of the following clerk's offices listed below: CENTRAL COURTHOUSE NORTH SATELLITE COURTHOUSE 201 S.E. 6TH Street 1600 W. Hillsboro Blvd. Fort Lauderdale, FL 33301 Deerfield Beach, FL 33442 WEST SATELLITE COURTHOUSE SOUTH SATELLITE COURTHOUSE 100 N. Pine Island Road 3550 Hollywood Blvd. Plantation, FL 33317 Hollywood, FL 33021 CHECK COMPLETED BY: �� 4 e�� CCN: 11120 •Check not valid without signature and CC CIYY OP DANIA BEACH GROW MMANAO/ W DEPARThe ' DIMION OF OCCL...TIONAL LICE " 100 WEST DANIA BEACH BOULEVARD �. DANIA DRAM FL 33W4 ^ PHONE:934924-3644 OR 934924-3657 1 ucrlucr -m c JUL 2 9 2uu3 J ('4 Nam ttcnat Uzz OULT, OCCWAIIOMIy�EhCE& 1 TRAII m LOCATION OK Plain I111 in all blaata. LICERSrENOOCCIT -•1- l?f%!i i Pose vl11 be returned unless DATE appropriate bidsts an filled LICENSE rNE—rTr is* mmc -or BUSINESS �/G✓r.} SAj3iZ;�/A ,�.�rTCGfF// 1� MUNYfS ADORLg ,44A BUSINESS PNOITr ANT. .���. PRINCIPAL'S r{NCIPPAL•S MMU AIM AMRSSSES L-U i - tz r T-c b,-E G` PESioN AFPLYIRG FOR�{� S !✓/A .S7/a(32i`/4 Ale' ¢FGI nlvlV�1�-- �+�++ DATE -or B RTN unlygms . FHONE OIMUMMISCH APPLYING FOR LIC=tt OR CORPORATr MERBIOIS. .LIST ANY Alin ALL ANXXXT DIM TNAN'TIAPPIC VIOLATZOxB. KNIZ of AMASSY �VIQZXTf`oR'-- 1�TY y STX?a`— Gat Or QN �- N \1�ItRSSE IN OSTAI L Tltt TYPa AND NASURE Or YOGR aoS:NOiR n v ( Yr •A AO 00. or SLAG t MMVICE STATIM Y0. Or vUNYyy� a IF A MANUFACTOIrR M. of EMPI ra o KAM 10F INSORANCr CO. ILIABILITY ISS.I '�� vuorr a�i E LILT:SANITATION CbVANT rl.owt z o Xkc You TNr owma or Txz BGILDIRO/PROFLRTYT Flo , IF No. LU-T NA"x In In A1wAzus ABD rwmz No. or owm. AYO RAVE ofBa cox Di+xss•s AaLvrl 0 o COMMLXTE AUTHORIZATION FORM (ATTACNE01. w b.ih= ON AGYNT ADDxL:IS pypyrt I NYYYSY CExTIrY THAT TBE Anon INrOR mom IS CDMPL=. Two& ANO CVwA=li AND rONTM I UNDERSTAND THAT ANY MISSTATIX=r Or rACZS C"TAINNO IN TIES AFPLICAITOR MAY CAME MY LICENSE To BE REVOL'iD. 'r' SGwG :i ..t APi Yr9. Pi MISXS -WILL x1 IMSPECTLO At TBH CITY Or DAN1A 80 .pl.AC Y7L'P1tXY1{i1,-c A=Tvz FIRE 3mmmul. IP ANY VIOLATIONS EEZST. SAID VZOLAZ'IGbS M"-y k1 =XxECTZD NimR 13 D4t1 01 LICENSE MAY BE OEUIED. ZONING CERTIFICATION: PRIOR OHNER/BUSI=S ZoHING CLASS.i' 1 PROPOSED us Or PROPr1T7 ; „ , APPROVED By �` -1 ` GATE � P., r 7 IRIS SPACE FOR Cm IxYrrc=" LLY.1'7 IWP DhYT MYCN I)WP v""m llulr Omlc FIRE zuwr harry ll.yP D10 z= CITY RANAOYx O.Yt ge gaw;z FLORIDA OCCUPATION AL LICENSE DMSION NOTICE TO ALL BUSINESS OWNERS PURSUANT TO FLORIDA STATUES CHAPTER 205 "LOCAL OCCUPATIONAL LICENSE TAXES"' ALL BUSINESS OWNERS ARE REQUIRED TO PROVIDE A FEDERAL IDENTIFICATION NUMBER OR SOCIAL SECURITY NUMBER TO THE LOCAL GOVF.RNINO AUTHORITY PRIOR TO THE RENEWAL OR ISSUANCE OF YOUR OCCUPATIONAL LICENSE. IT iS ALSO REQUESTED THAT YOU PROVIDE YOUR STANDARD INDUSTRIAL CODE IF AVAILABLE, BUSINESS INFORMATION S BUSINESS NAME: y4U Iq OWNER: .s Y t-V I � S Q/32/N.4 �i'Tt'c�•FE� l ->FEDERAL ID NO.: SOCIAL SECURITY�. DEPT. OF REVENUE SALE& USE TAX N0. SIGNATURE: % ,I~ [lti�ois DATE: l Z 8 L03 Thank you for your cooperation 100 Wen Dania Beach Boulard "Bmwaas ev Flrn City" 'la Be=k Florida 33004 Phone (954) 921-8700 www.ci,4.,Aia bc&dL&us LEAVE THIS SPACE 3LA4K SEX F81Na Ml � C`,+ Sfi�MME 'OF }QgMF\ %,ld EEAVE RACE rWhf �Q SIGNATURE OF PERSON FINGERPRINTED CONT IBUT 0 ADD SS ALIASES i I CICaw/ �� �� Ht (Inches) WT. F,3HERIFF•B OFFICE I�P BROWARO COUNTY DAT OF BIRT}I� �RESIDENC fP ,SONFINSERPRINTEO PT.LAUOEROAIEPLA. HAIR EVES OCCUPATION n . �( •, CONTRIBUTORS NO, LEAVB THIS SPACE BLANK re¢� SCARS AND MARKS AMPUTATION PLACE OF BIRTH CLASS (Vonr2 NoNe, TPAm CITI FN SIGNATUJI&OF OFFICIAL DATE T RPRINTS I REF. 7 C3CIHSECC SIF NO RECORD 2..OWWASawnfix '('. DUE RINGJTTLE Y .Y� tea. e t B INDEX TTLE Rik i �1�If• '• l' t�1. �S. LEFT FOUR FINGERS TAKEN S OUSLY LEFT RIGHT RIGHT F ERS TAKEN SIMULTANEOUSLY THUMB THUMB x CITY OF DANIA BEACH COMMUNITY DEVELOPMENT LOCAL BUSINESS TAX RECEIPT DIVISION August 3, 2007 Sylvia Sabrina Mitchell 2511 Stirling Road Ft. Lauderdale, Florida 33312 Dear Ms. Mitchell: The Dania Beach City Commission will conduct a public hearing concerning issuance of a Palmistry/Fortunetellers local business tax receipt for your business at 2511 Stirling Road, Dania Beach, at their August 14, 2007 meeting. The hearing will be placed on the agenda for the meeting that begins at 7:00 p.m. The meeting is held in the City Commission Chamber at 100 W. Dania Beach Blvd. You have the right to be represented at the hearing by counsel. Attached for your information is Chapter 12.5 of the Dania Code of Ordinances, which concerns Fortunetellers, Palmists, Clairvoyants and Astrologers. An annual license is required. We are in receipt of your surety bond as required in Section 12.5-5 of the Code of Ordinances. Please be familiar with Section 12.5-2, which are the criteria by which the City Commission can revoke or refuse a Palmistry/Fortunetellers license. Sincerely, Pansy Warwick Business Tax Coordinator cc: Ivan Pate, City Manager Laurence Leeds, Community Development Director 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: 954-924-3600 mm. Dania]Beuchtl.gov CITY OF DANIA BEACH Agenda Item # 7• Agenda Request Item Date of Commission Meeting: 8/14/2007 Adopt Resolution ❑ Adopt Ordinance(1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Request Rose Williams d/ba/Rose for renewal local business tax receipt for a Palmistry/Fortune Teller license for property located at 1410 S Federal Highway. k Section 12.5-2 of the Dania Beach Code of Ordinances indicated such a license is to be granted or reviewed by the City Commission. z -7`7 7 �xta4�*s5�'�i ':� iian 5' U Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary ex ro planation/Backgund ..«.aa .. ai.. Flsca tmactlCast Summary; r;d. uevaPa.,ttae._ „e....�.fi .Y� a .., Ew.:z..u,.w�r n.,.:,; a..> _-,N„,�„�rn. yb:aXti.• �1. Copy of ordinance. 2. Copy of memo from Detective Richard Tarrant, BSO regarding background check investigation. 3. Copy of notification letter city commissioin hearing date. 4. Copy of application. Exhibit 1 Exhibit 2 iExhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Date Department Director Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date v , City.Clerk Use . . . ....,. . _ .. Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ Chapter 12.5 FORTUNETELLERS, PALMISTS. CLAIRVOYANTS AND ASTROLOGERS' Sec. 12.3•1, License required. It shall be unlawful to engage in the business of fortuneteiling,palmistry,clairvoyancy or astrology in.the city unless such business is conducted by an individual who has applied for and obtained a license from the city for such business. tOrd. No. 20.90. § 1. 4.10.90) See. 12.3.1 Issuance and revocatfoa of license. (al The city commission of the City of Dania. Florida, is hereby authorized to grant or renew a fortunetelling,palmistry, clairvoyancy or astrology license for any period of time not exceeding one year to any individual applying therefor on a form to be provided for in para. graph(b) of this section and the filing by the applicant of the bond required by section 12.5.E of this chapter. b) The form on which application shall be made for a fortunetelling,palmistry, clairvoy. ancy or astrology license shall require the following information: (1) Name of applicant; (2) Residence and business address of applicant; (3) The length of time for which a fortunetelling, palmistry, clairvoyancy or astrology license is desired; (4) A statement as to whether or not the applicant holds, or has held a fortunetelling, palmistry, clairvoyancy or astrology license from any state, municipality, governing body or licensing authority; a list of such licenses and a statement of the time. place and by whom issued; a statement as to whether any state, municipality, governing body or licensing authority has ever refused to issue or to renew a fortunetelling, palmistry, clairvoyancy or astrology license to the applicant together with a full and accurate statement as to the reasons for any such refusal; and a statement as to whether any state, municipality, governing body or licensing authority has ever revoked a fortunetelling, palmistry, clairvoyancy or astrology license held by the applicant together with a full and accurate statement as to the reasons for any such revocation; 5) A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or violation of any municipal ordinance, and if so, the nature of the offense and the punishment or penalty assessed thereto; *Editor's note—Ord. No. 20.90, §§ 1-8, adopted April 10, 1990, did not specifically amend the Code;hence inclusion herein as Ch. 12.5, §§ 12.5.1-12.5.8, was at the discretion of the editor. Sections 9-12, providing for separability, codification, repeal of conflicting provi- sions and an effective date, have been omitted from codification. Cross references—Licenses, Ch. 15; fortunetelling for illegal purposes, § 17.7. Supp.No. 40 753 r DANLA CODE Sec. 12.5.7. New applications and renewals. The provisions of this chapter shall apply to all new applicants for occupations! licenses ,'or es issued or Palmistry, claityoyancy or astrology activities and for all renewals of li- censes issued for Palmistry, palmistry, clairvoyancy or astrology activities that are i effect at the time of the effective data of.this chapter. 10rd. No. 20.90, if 7, 4.10.901 n See. 12.l1.11. Penalties. Any Parson violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fund not exceeding five hundred dollars or by imprisonment in rins and the county jail not exceeding ninety(90)days,or by both such fna and imprisonment Each violation shall constitute a separate offense and shall be pun- ishable as such hereunder. iOrd. No. 20.90, $ 8, 4.10.90) Supp.No. 40 756 (The next page is 7791 KEN JENNE SHERIFF BROWARD COUNTY P.O. BOX 9507 FORT LAUDERDALE, FLORIDA 33310 Date: July 25, 2007 Subject: Nancy Rose Williams Race: W Sex: F DOB: .� Based on the above information, a check of the Broward Sheriff's Office Records was completed. The records of this agency reflect the following: NO ARREST RECORD ARREST RECORD ATTACHED: ❑ INCIDENT REPORT SEARCH: ® No Record ❑ Record Attached Please note that due to the limitations of our computerized database,the Broward Sherl's Office cannot guarantee whether or not additional records may exist. To obtain a statewide background check, contact the Florida Department of Law Enforcement at: Internet: http://www.fdle.state.fl.us/criminalhistory or FDLE - User Services Bureau/Public Records P.O. Box 1489 Tallahassee, FL 32302 Phone: (850)410-8109 To obtain Clerk of the Court records on dispositions and court information, please contact the Clerk of Court directly at one of the following locations: Internet: http://www.clerk-17th-flcourts.org/bccoc2/pubsearch/public_search.asp Central Courthouse—201 S.E. 6th Street, Fort Lauderdale, FL 33301 North Satellite Courthouse— 1600 W. Hillsboro Blvd., Deerfield Beach, FL 33442 South Satellite Courthouse—3550 Hollywood Blvd,, Hollywood, FL 33021 West Satellite Courthouse— 100 N. Pine Island Road, Plantation, FL 33317 CHECK COMPLETED BY: CCN: 10143 "Check not valid without signature and CCN. CITY OF DANIA INTEROFFICE MEMORANDUM TO: Chief Donn Peterson/ Detective Richard Tarrant Broward Sheriffs Office District Il THRU: Laurence Leeds L . `-- Community Development Director FROM: Pansy Warwick j t� Occupational License Coordinator RE: Request Background Check for Palmistry/Fortuneteller Occupational License—Nancy Rose Williams, d/b/a Rose- 1410 S Federal Hwy DATE: June 25, 2007 A request has been made for renewal of an occupational license for a Palmistry/ Fortuneteller license. Section 12.5-2 of the Dania Beach Code of ordinances indicates such a license is to be granted or reviewed by the City Commission on an annual basis. The Renewal concerns the license of Nancy Rose Williams, d/b/a as Rose at 1410 S Federal Hwy. The applicant will be given notice that a hearing will held before the City Commission meeting once this request is completed. Section 12.5-2 (d) lists the criteria by which the City Commission may refuse or revoke renewal of a Fortuneteller's license. One of the steps in obtaining renewal is for the Chief of Police to check for any violations as stated in Section 12.5-2 (d). A copy of the code section is attached. In order to process this request to be heard before the City Commission meeting, the background check for any/stated violations would need to be completed by July 6, 2007. Please contact us should you have any questions. attachment pw Broward County Sheriffs Oftice : • . , 2601 West Broward Boulevard Fort Lauderdale,FL 33312 (954)831-99M Date: July 6, 2006 TO WHOM IT MAY CONCERN: N E DATE OF BIRT Based on the above information, a check of the Broward County Records was completed. The records of this agency reflect the following: NO RECORD ❑ FELONY RECORD ❑ TRAFFIC RECORD ** ❑ MISDEMEANOR RECORD *' *" Records may be inconclusive. For a complete check on traffic and misdemeanor, contact one of the following clerk's offices listed below: CENTRAL COURTHOUSE NORTH SATELLITE COURTHOUSE 201 S.E. 6 Street 1600 W. Hillsboro Blvd. Fort Lauderdale, FL 33301 Deerfield Beach, FL 33442 WEST SATELLITE COURTHOUSE SOUTH SATELLITE COURTHOUSE 100 N. Pine Island Road 3550 Hollywood Blvd. Plantation, FL 33317 Hollywood, FL 33021 CHECK COMPLETED BY: CCN: 11120 'Check not valid without signature and CCN.% —_ CITY OF DANIA BEACH COMMUNITY DEVELOPMENT LOCAL BUSINESS TAX RECEIPT DIVISION August 3, 2007 Rose d/b/a 1410 S Federal Highway Dania Beach, FL 33004 Attn: Nancy Rose Williams Dear Ms, Williams: The Dania Beach City Commission will conduct a public hearing concerning issuance of a Palmistry/Fortunetellers local business tax receipt for your business at 1410 S Federal Highway, Dania Beach, at their August 14, 2007 meeting. The hearing will be placed on the agenda for the meeting that begins at 7:00 a.m. The meeting is held in the City Commission Chamber at 100 W. Dania Beach Blvd. You have the right to be represented at the hearing by counsel. Attached for your information is Chapter 12.5 of the Dania Code of Ordinances, which concerns Fortunetellers, Palmists, Clairvoyants and Astrologers. An annual license is required. We are in receipt of your surety bond as required in Section 12.5-5 of the Code of Ordinances. Please be familiar with Section 12.5-2, which are the criteria by which the City Commission can revoke or refuse a Palmistry/Fortunetellers license. Sincerely, n / Pansy Warwick Business Tax Coordinator cc: Ivan Palo, City Manager Laurence Leeds, Community Development Director 100 Wes[Dania Beach Boulevard Dania Beach,Florida 33004 Phone:954-924-3600 www. DaniaBeachtl.gov P.O. BOX 170E 1•��1�rJ52'I61 100 HEST DANIA BEACH BOULEVARD , DAHIA. FLORIDA 33004 v (3051 921-0700. EIS[. 2531 OR 259 APPLICATpj .,f91t'OC1ZY IT ZONAL LICENSE DATE OE APP. 1u. u 1�9� LLB LI;EHSE TYPE W NEW LICENSE PROPERTY FOLIONA� TRANSFER OWNER (FOR OFFICE USE ONLY—) ( ) TRANSFER LOCATION ( ) HOME OCCUPATION Please fill in all blanks. LICENSE NO. Form vlll be returned unless DATE ISSUED----� all appropriate blanks are filled LICENSE FEE��� 1D• PP �- � NAME OF BUSINESS &Wft �•OS E f • •r. w BUSINESS ADDRESS •r% BUSINESS PHONE /VIial IHCIPAL'S NAMES AND ADDRESSES ANG P ^ Ylkt Clul DFIJE' "20Z ,4J••I V✓A� 33/$p L WI` PERSON APPLILBGAO LICENSE NAME 1W1.1 N N COIIPANY) �0 ,933-�33S/ DATE OF BIRTM DRIVERS LICENSEI RES. PHONE j OWNER/PERSON APPLYING FOR LICENSE OR CORPORATE MEMBERS. LIST ANY AND ALL ARREST OTHER THAN TRAFFIC VIOLATIONS. 10Ae NAME DATE OF ARREST VIOLATIBN�� STATE NAME DATE OF ARREST VIOLATION C�ITYATE DI�CC2JBE/1N1QETAIL THE TYPE AND NATURE OF YOUR BUSINESS L"Ll-7%t 1F A 1RESTAURAN NO. OF SEATS SERy�fE STATION NO. OF PUMPS 1F A MANUFACMeR N0. OF EMPLOYEES N/fF ��— NAME OF INSURANCE CO. (LIABILITY INS.) PHONE '— LIST SANITATION COMPANY !•r a PHONE ARE YOU THE OWNER OP THE BUILDING/PROPERTI? IF NO. LIST NAME. ADDRESS AND PHONE NO. OF OWNER• AND HAVE OWNER (OR OWNER'S AGENT) COMPLETE AUTHORIZATION FORM-(ATTACHED). OWNER OR AGENT ADDRESS—PHONE I HEREBY CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE. TRUE AND CORRECTi AND FURTHER I UNDERSTAND THAT ANY MISSTATEMENT OF FACTS CONTAINED IN THIS APPLI i MA CAUSE MY LICENSE TO Be REVOAED. h �"•""Q4 K IJI�L/� DATE oe/ Z/ 199 7 SIGNATURE OF APPLICANT THE PREMISES WILL BE INSPECTED BY THE CITI OF DANIA BUILDING DEPARTMENT AND THE FIFE MAI•SRALL. IF ANY VICLATIONS EXIST. SAID VIOLATIONS MOST BE CORRECTED WITHIN 15 DAYS OR LICENSE MAY BE DENIED. ZONING CERTIFICATIONI PRIOR OWNER/BUSINESS ZONING CLASS. PROPOSED USE OF PROPERTY APPROVED BY DATE - THIS SPACE FOR CITY INSPECTORS ELECT INSP DATE MICH INSP��DA7E . PLMBG INSP DATE PIKE INSP BUILD INSP GATE CITY MANAGER���ATE CITY OF DANIA DMSION OF OCCUPATIONAL LICENSE BUSINESS NO. LICENSE NO. J J NOTICE TO All.BUSINESS OWNERS PURSUANTM FLORIDA STATUES CHAPTER 205 "LOCAL OCCUPATIONAL LICENSE TAXES"# ALL BUSINESS OWNERS ARE REQUIRED M PROVIDE A FEDERAL IDENTIFICATION NUMBER OR SOCIAL SECURAY NUMBER TO THE LOCAL GOVERNING AUTHORITY PRIOR TO THE RENEWAL OR ISSUANCE OF YOUR OCCUPATIONAL ' UCENSE IT IS ALSO REQUESTED THAT YOU PROVIDE YOUR STANDARD INDUSTRIAL CODE IFAVAILABLE BUSINESS NAMEs 506tAK kos OWNERi �a�nc ote. WILUA14 S FEDERAL ID NO-0 SOCIAL SECURITY NO., STANDARD INDUSTRIAL CODE._.__ ?HANK YOU FOR YOUR COOPERATION. i CM OF W IA _Z-- r I-� J v 1. ._ L.. .• �L � ... ... ,, Tarsi � �' C ex �.,, •L u. r.i�. N 1 � a r Y� E--„a�. y . T r `H CITY OF DANIA BEACH Agenda Item # '• Agenda Request Item Date of Commission Meeting: 8/14/2007 Adopt Resolution ❑ Adopt Ordinance(1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Request by Peggy Lee d/b/a for renewal local business tax receipt for a Palmistry/Fortune Teller license for property located at 219 N Federal Highway. Section 12.5-2 of the Dania Beach Code of Ordinances indicated such a license is to be granted or reviewed by the City Commission. i� UFC�YB$t(I ,�i...q. eg .. � " }asyNs�! �V'r ay a.�,'y °tT' , ' Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ '� 59r?+�mxa m+ra, .. -".fR'f�"fip'�g�nm•ny vat e c r'r .rr^ i`Y v^�, „+ K yy h M Im OO/Cost Summery,0 ) WS `Y 3f i .. :am*.wr.a3...m,.riz....�.3..:.,....,,r.e4......W. .as,u_....,vr3;2A �..F2 �tuca lawa�.°L+miiuGd �IMU' E a4u,..u""s,.nG.'.:va?.rr�;a. 1. Copy of ordinance. 2.Copy of memo from Detective Richard Tarrant, BSO regarding background check investigation. 3.Copy of notification letter city commissioin hearing date. 4.Copy of application. Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Date Department Director Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date Clty Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ Chapter 12.5 FORTUNETELLERS, PALMISTS, CLAIRVOYANTSA.W ASTROLOGERS* Sec. 12.3.1. License required. It shall be unlawful to engage in the business of fortunetelling,palmistry, clairvoyancy or astrology in.the city unless such business is conducted by an individual who has applied for and obtained a license from the city for such business. (Ord. No. 20.90. § 1, 4.10.90) See. 12.5.2. Issuance and revocation of license. (a) The city commission of the City of Dania, Florida, is hereby authorized to grant or renew a fortunetelling,palmistry, clairvoyancy or astrology license for any period of time not exceeding one year to any individual applying therefor on a form to be provided for in para. graph(bl of this section and the filing by the applicant of the bond required by section 12.5.5 ,)f this chapter. b) The form on which application shall be made for a fortunetelling, palmistry, clairvoy- ancy or astrology license shall require the following information: (1) Name of applicant; (2) Residence and business address of applicant; (3) The length of time for which a fortunetelling, palmistry, clairvoyancy or astrology license is desired; (4) A statement as to whether or not the applicant holds, or has held a fortunetelling, palmistry, clairvoyancy or astrology license from any state, municipality, governing body or licensing authority; a list of such licenses and a statement of the time, place and by whom issued; a statement as to whether any state, municipality, governing body or licensing authority has ever refused to issue or to renew a fortunetelling, palmistry, clairvoyancy or astrology license to the applicant together with a full and accurate statement as to the reasons for any such refusal; and a statement as to whether any state, municipality, governing body or licensing authority has ever revoked a fortunetelling, palmistry, clairvoyancy or astrology license held by the applicant together with a full and accurate statement as to the reasons for any such revocation; 5) A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or violation of any municipal ordinance, and if so, the nature of the offense and the punishment or penalty assessed thereto; 'Editor's note—Ord. No. 20.90, §§ 1-8, adopted April 10, 1990, did not specifically amend the Code: hence inclusion herein as Ch. 12.5, H 12.5.1-12.5.8, was at the discretion of the editor. Sections 9-12, providing for separability, codification, repeal of conflicting provi-lions and an effective date, have been omitted from codification. Cross references—Licenses, Ch. 15; fortunetelling for illegal purposes, § 17.7. supp.No. 40 753 1 12.5.2 DANIA CODE 5) A photograph of the applicant, taken within six M) days immediate) sixty Y y prior to the date of the filing of the application. which pic ture ture shall be two i2 'p ) inches by two i2) inches showin the head and d shoulders of the applicant in a clear and distinguishin g manner, except that the city commission may waive this requirement with respect to an application for renewal of a fortunetelling, palmistry, clairvoyancy or astrology license by an individual holding an unexpired fortunete)ling,palmistry, clairvoyancy or astrology license issued under this chapter who has in a previous application under this chapter complied with this requirement: i 7) The fingerprints of the applicant and the names of at least two (2) reliable property owners of the County of Broward, State of Florida, who will certify as for the appff• can's good moral character and business responsibility,except that the city commis. sion may waive this requirement with respect to an application for renewal of a fortunetelling,palmistry,clairvoyancy or astrology license by any individual holding an unexpired license issued under this chapter who has in a previous application under this chapter complied with this requirement. (c) Before issuing a fortunetelling, palmistry, clairvoyancy or astrology license to any individual applying therefor, the city commission shall refer the application to the Broward County Sheriffs Office who shall cause to be made such investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public good, except that the city commission may waive this requirement with respect to an appli- cation for renewal of an existing license by any individual holding an unexpired fortunetell- ing, palmistry, clairvoyancy or astrology license issued under this chapter if an investigation of such applicant's moral character and business responsibility has previously been made under this section in connection with a prior application for such license under this chapter. The sheriff or his deputy shall cause the investigation herein provided for to be made within a reasonable time and shall certify to the city commission whether or not the moral character and business responsibility of the applicant is satisfactory. d) A fortunetelling, palmistry, clairvoyancy or astrology license may be revoked by the city commission or an application for issuance or renewal of such license may be refused by the city commission, if they determine after notice and hearing that: 1) The applicant or license-holder is not an individual of good moral character and business responsibility; or ,2) The application of the applicant or license holder contains any false, fraudulent or misleading material statement: ,3) The applicant or license holder has perpetrated a fraud upon any person whether or not such fraud was perpetrated in the conduct of the business in the city; or (4) The applicant or license holder has violated any of the statutes of the State of Florida relating to fortunetelling, palmistry, clairvoyancy or astrology; or Supp. No. 40 754 FORTUNI ETELLERS. PALMISTS. CLAIRVOYANTS. ASTROLOGERS $ 12.5.6 ,5) The applicant has been convicted of any crime or misdemeanor involving moral tur. pitude: or 6) The applicant or license holder has conducted his or her business in the city in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public. 4) Notice of the hearing provided for in paragraph(d) above shall be given in writing to the applicant or license holder as the case may be.Such notice shall be mailed,postage prepaid to the applicant or license holder as the case may be at his last known address at least five(5) days prior to the date set for hearing.The applicant or license holder as the case may be shall have the right to be represented at such hearing by counsel. (Ord No. 20.90, § 2, 4.10-90) Sea 12.3.3. Judicial remedy by circuit court. Any person aggrieved by any decision of the city commission may, within thirty(30)days 'rom the date of rendition of such decision, apply to the circuit court for the Seventeenth Judicial Circuit in and for Broward County, Florida for a review of such decision of the city commission, which said review shall be limited to a petition at common law for a writ of certiorari. (Ord. No. 20.90, § 3, 4.10.90) See. 12.3.4. License fees. The fees for a fortunetelling, palmistry, clairvoyancy or astrology license shall be in the sum of one thousand dollars($1,000.00)for each twelve-month period or fraction thereof. (Ord. No. 20.90, § 4, 4.10.90) Sec. 12.5.5. Bond. Every applicant for a fortunetelling,palmistry,clairvoyancy or astrology license shall file vith the clerk-auditor of the city a surety bond running to the City of Dania. Florida, in the amount of one thousand dollars 1$1,000.00)with surety acceptable to and approved by the city commission conditioned that the applicant, if issued a fortunetelling, palmistry, clairvoyancy or astrology license, will comply fully with all the provisions of the ordinances of the city, and the statutes of the State of Florida and will pay all damages which may be sustained by any person by reason of any fraud, deceit, negligence or other wrongful act on the part of the licensee,his agent or employees in the conduct of the licensee's business.A liability insurance policy issued by an insurance company authorized to do business in the State of Florida which conforms to the above requirements may be permitted by the city commission in its discretion in lieu of a bond. (Ord. No. 20.90, § 5, 4.10.90) Sec. 12.5.6. Place of conducting activities. No fortunetelling,palmistry, clairvoyancy or astrology activities shall be conducted within any of the residential areas of the city or other areas not zoned for such activity. iOrd. No. 20.90, § 6, 4.10.90) Supp.No. 40 755 3 12.5.7 DANIA CODE Sec. 12.5.7. New applications and renewals. The provisions of this chapter shall apply to all new applicants for occupational licenses for fortunetelling, palmistry, clairvoyancy or astrology activities and for all renewals of li. censes issued for fortunetelling, palmistry, clairvoyancy or astrology activities that are in effect at the time of the effective date of,this chapter. iOrd. No. 20-90, $ 7, 4-10-90) Sec. 12.5.8. Penalties. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding five hundred dollars ($500.00)or by imprisonment in the county jail not exceeding ninety(90)days,or by both such fine and imprisonment. Each violation shall constitute a separate offense and shall be pun- ishable as such hereunder. (Ord. No. 20.90, § 8, 4.10.90) Supp.No. 40 [The nett page is 7791 756 t?gym a KENJENNE SHERIFF BROWARD COUNTY P.O. BOX 9507 FORT LAUDERDALE, FLORIDA 33310 Date: July 25, 2007 Subject: Peggy Lee Race: W Sex: F DOB: q Based on the above information, a check of the Broward Sheriff s Office Records was completed. The records of this agency reflect the following: NO ARREST RECORD ARREST RECORD ATTACHED: ❑ INCIDENT REPORT SEARCH: ® No Record ❑ Record Attached Please note that due to the limitations of our computerized database,the Broward Sheriffs Office cannot guarantee whether or not additional records may exist. To obtain a statewide background check, contact the Florida Department of Law Enforcement at: Internet: http://www.fdle.state.fl.us/criminalhistory or FDLE - User Services Bureau/Public Records P.O. Box 1489 Tallahassee, FL 32302 Phone: (850) 410-8109 To obtain Clerk of the Court records on dispositions and court information, please contact the Clerk of Court directly at one of the following locations: Internet: http:Hwww.clerk-17th-flcourts.org/bccoc2/pubsearch/public_search.asp Central Courthouse—201 S.E. 6'h Street, Fort Lauderdale, FL 33301 North Satellite Courthouse— 1600 W. Hillsboro Blvd., Deerfield Beach, FL 33442 South Satellite Courthouse—3550 Hollywood Blvd., Hollywood, FL 33021 West Satellite Courthouse— 100 N. Pine Island Road, Plantation, FL 33317 i CHECK COMPLETED BY: CCN: 10143 "Check not valid without signature and CCN. CITY OF DANIA INTEROFFICE MEMORANDUM TO: Chief Donn Peterson/Detective Richard Tarrant Broward Sheriffs Office District II THRU: Laurence Leeds C Community Development Director FROM: Pansy Warwick �J Occupational License Coordinator RE: Request Background Check for Palmistry/Fortuneteller Occupational License— Peggy Lee—219 N Federal Highway DATE: June 25, 2007 A request has been made for renewal of an occupational license for a Palmistry/ Fortuneteller license. Section 12.5-2 of the Dania Beach Code of ordinances indicates such a license is to be granted or reviewed by the City Commission on an annual basis. The Renewal concerns the license of Peggy Lee, d/b/a as Peggy Lee at 219 N Federal Hwy. The applicant will be given notice that a hearing will held before the City Commission meeting once this request is completed. Section 12.5-2 (d) lists the criteria by which the City Commission may refuse or revoke renewal of a Fortuneteller's license. One of the steps in obtaining renewal is for the Chief of Police to check for any violations as stated in Section 12.5-2 (d). A copy of the code section is attached. In order to process this request to be heard before the City Commission meeting, the background check for any/stated violations would need to be completed by July 6, 2007. Please contact us should you have any questions. attachment pµ' Broward County Sherilrs Ortice = 2601 West Broward Boulevard - Fort Lauderdale,FL 33312 (954)831-8900 Date: July 6, 2006 TO WHOM I MAY CONCERN: 0, c�& ME D OF IRTH& Based on the above information, a check of the Broward County Records was completed. The records of this agency reflect the following: NO RECORD ❑ FELONY RECORD ❑ TRAFFIC RECORD ** ❑ MISDEMEANOR RECORD " ** Records may be Inconclusive. For a complete check on traffic and misdemeanor, contact one of the following clerk's offices listed below: CENTRAL COURTHOUSE NORTH SATELLITE COURTHOUSE 201 S.E. 6 Street 1600 W. Hillsboro Blvd. Fort Lauderdale, FL 33301 Deerfield Beach, FL 33442 WEST SATELLITE COURTHOUSE SOUTH SATELLITE COURTHOUSE 100 N. Pine Island Road 3550 Hollywood Blvd. Plantation, FL 33317 Hollywood, FL 33021 CHECK COMPLETED BY: CCN: 11120 'Check not valid without signature and CcN. u.r w unpin ba GROWTH MANAGEMENr DEPARTMWr DMISION OF OCCUPATIONAL LICENSE, 100 WEST DANIA BEACH BOULEVARD DANU BEACH,rL 33004 1 -� PHONE-9549743644 OR 931AE43657 i PAX 954922.2"7 u E -:Tn JIM LICENSE TRAMM OWES oa I; r TIANSEER LOCATIOa M; R 0 y "��4 an lx=VPATION PINUN (111 in all blaaas. LICENSE NO. POE! .Will be rasurbed unless DATE ISsOED��� all appropriate .blame are filled UCERSc ru . la. "'X-v P-w �! NAAc -or IOSINESs �24AN Lem v'9} uNLINEsi Awn= lz!••I /4t-r � 'ri3c sNsis s c�ltjTi y 3 6,(d PRIRCIP 'i MAN Ss AND�ADas= L r�� ( gQQlt)AP/I:n✓'' u'd ! � PERSON Arruis0 r01 zjczug CLO*- 4-`fa3 s"Sy8 e ce f1 I ITN . r DNc ONMR/TiRSOa APPLTIIEI FOR LICIIOIE 01 CORPORATE MIOISSS. .LIST ANY AM ALL AQl1T os:cR'TRAN'TRArrzc Vicu=c i. yIm= M= Or AAAW "VIM ATIGN Ts OF ARAM �OLAZ� CMi S m MCUU IN CCUU THE TM AND MUM Or TOOK IMIE W _S ' 17-A Au NO. Or SSM , ZMACC STAT10M NO. Or num. m IT A mmrACTVRER we or zNr wO m NAME •or INSOLENCE CO. IUARILTST Ins) IAhs��UC����s L2 z { Mi LIST 7ANITATION COMPANY r 1 PNOtR_ z ANC TOO TEE ONNSR Or TEE MOIL11I31111PIOtC1TTT A'V . IF NO. LSiT MARC. 0 o Ads AND PION! W. or ONNRS. AND NAME DNNEi f01 OaNCR'S AGENTI H H CDMr3LSL OTEOIriATION r=17 (ATr 3. > > M1chjie-1 P ANC4S/ /2;�.�.���� / OAIRK OR AGEIr -/�?�r-OPov,aSlh A� h;<. �/ PNONR I NSNEST [LITIrY TEAT TEE ABOVE IRrORNATION IS COMPLETE. ME AND CONNELT, AND rUn= I UNDERSTAND TEAT ANY HISsTATEMW Or rACTS \ /WMA1NED 11TTRIS APFUCAITON NAY CAOSI If LICENSE TO RE REVOLEO. \SJUMAXUAZ or APPLICANT 736 PNUMS a u 1ESPELTED at Tat Csn or DAWIA IN NG 13WARTIUNT A=-= FIRE MAYINALL. It ANT VIOUTI0N1 MIST, SAID VIOLASIOES NUT SS COtILCTEp WITRIR 13 DAIS 01 LIC33MC MAY RE DENIED. ZONING CERTIrICAnON, PRIOR ONNER/IDSims IONINc ;LASS. PROPOSED USE Dr PROPEIr7 APPROVED IT DARE TRiS SPACE I'm CIn IESPECTOIS ELELT IUP DATE MECN lisp DATE PLOD inn DATE FIRE ISSP Ma x= ini Du= CITY MANAAtR DAY r �t3 '��V i r,i "h 7hR SWUNIN Six* -+-TM AA • � ii�:,a41 SO4•t 6Myll�wmft gum 'c.�porla • �wtrMan.�•wn•wlt••gao�i•Y���•W+dhl� CITY OF DANIA BEACH COMMUNITY DEVELOPMENT LOCAL BUSINESS TAX RECEIPT DIVISION August 3, 2007 Peggy Lee Attn: Mr. John Miller 219 N. Federal Highway Dania Beach FL 33004 Dear Mr. Miller: The Dania Beach City Commission will conduct a public hearing concerning issuance of a Palmistry/Fortunetellers local business tax receipt for your business at 219 N Federal Highway, Dania Beach, at their August 14, 2007 meeting. The hearing will be placed on the agenda for the meeting that begins at 7:00 p.m. The meeting is held in the City Commission Chamber at 100 W Dania Beach Blvd. You have the right to be represented at the hearing by counsel. Attached for your information is Chapter 12.5 of the Dania Code of Ordinances, which concerns Fortunetellers, Palmists, Clairvoyants and Astrologers. An annual license is required. We are in receipt of your surety bond as required in Section 12.5-5 of the Code of Ordinances. Please be familiar with Section 12.5-2, which are the criteria by which the City Commission can revoke or refuse a Palmistry/Fortunetellers license. Sincerely, � 'It/ �-,k Pansy Warwick Business Tax Coordinator cc: Ivan Pato, City Manager Laurence Leeds, Community Development Director 100 West Dania Beach Boulevard Dania Beach,Florida 33004 Phone: 954-924-3600 www. DaniaBeachtl.gov j CITY OF DANIA BEACH Agenda Item # / . Agenda Request Item Date of Commission Meeting: 8/14/2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Requested Action (Idenfity appropriate Actionor Motion) . Request by Elizabeth Miller d/b/a Astrology Fortune Teller for renewal local business tax receipt for a Palmistry/Fortune Teller license for property located at 2730 Griffin Rd. Why Action is Necessary Section 12.5-2 of the Dania Beach Code of Ordinances indicated such a license is to be granted or reviewed by the City Commission. What Action Accomplishes Purchasing Requests ONLY Dept: Acct#: Aml: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital ❑ Summary Explanation/Background Fiscal lmpact/Cost'Summary Exhibits Attached 1. Copy of ordinance. 2. Copy of memo from Detective Richard Tarrant, BSO regarding background check investigation. 3. Copy of notification letter city commissioin hearing date. 4. Copy of application. Exhibit 1 Exhibt 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by Date Department Director Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ Chapter 12.5 FORTUNETELLERS. PALMISTS, CLAIRVOYANTS AND ASTROLOGERS' Sec. 12.5.1. License required. It shall be unlawful to engage in the business of fortunetelling,palmistry,clairvoyancy or astrology in.the city unless such business is conducted by an individual who has applied for and obtained a license from the city for such business, tOrd. No. 20-90, § 1, 4-10.90) See. 12.5-2. Issuance and revocation of license. (a) The city commission of the City of Dania, Florida, is hereby authorized to grant or renew a fortunetelling,palmistry, clairvoyancy or astrology license for any period of time not exceeding one year to any individual applying therefor on a form to be provided for in para- graph(b) of this section and the filing by the applicant of the bond required by section 12.5•5 ,)f this chapter. b) The form on which application shall be made for a fortunetelling, palmistry, ciairvoy ancy or astrology license shall require the following information: (1) Name of applicant; (2) Residence and business address of applicant; (3) The length of time for which a fortunetelling, palmistry, clairvoyancy or astrology license is desired; (4) A statement as to whether or not the applicant holds, or has held a fortunetelling, palmistry, clairvoyancy or astrology license from any state, municipality, governing body or licensing authority; a list of such licenses and a statement of the time, place and by whom issued; a statement as to whether any state, municipality, governing body or licensing authority has ever refused to issue or to renew a fortunetelling, palmistry, clairvoyancy or astrology license to the applicant together with a full and accurate statement as to the reasons for any such refusal; and a statement as to whether any state, municipality, governing body or licensing authority has ever revoked a fortunetelling, palmistry, clairvoyancy or astrology license held by the applicant together with a full and accurate statement as to the reasons for any such revocation; 5) A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or violation of any municipal ordinance, and if so, the nature of the offense and the punishment or penalty assessed thereto; *Editor's note—Ord. No. 20.90, §§ 1-8, adopted April 10, 1990, did not specifically amend the Code: hence inclusion herein as Ch. 12.5, §§ 12.5.1-12.5.8, was at the discretion of the editor. Sections 9-12, providing for separability, codification, repeal of conflicting provi- sions and an effective date, have been omitted from codification. Cross references—Licenses, Ch. 15; fortunetelling for illegal purposes, § 17.7. Supy.No.40 753 i FORTUNETELLERS. P.ALIMISTS. CLAIRVOYANTS, ASTROLOGERS § 12.5.6 5) The applicant has been convicted of any crime or misdemeanor involving moral tur- pitude: or %6) The applicant or license holder has conducted his or her business in the city in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public. ie) Notice of the hearing provided for in paragraph(d) above shall be given in writing to the applicant or license holder as the case may be.Such notice shall be mailed,postage prepaid to the applicant or license holder as the case may be at his last known address at least five(5) days prior to the date set for hearing.The applicant or license holder as the case may be shall have the right to be represented at such hearing by counsel. (Ord No. 20.90, 12, 4.10.90) See. 12.5.3. Judicial remedy by circuit court. Any person aggrieved by any decision of the city commission may, within thirty t 30)days °rom the date of rendition of such decision. apply to the circuit court for the Seventeenth Judicial Circuit in and for Broward County, Florida, for a review of such decision of the city commission, which said review shall be limited to a petition at common law for a writ of certiorari. (Ord. No. 20.90, § 3, 4-10-90) See. 12.5.4. License fees. The fees for a fortunetelling, palmistry, clairvoyancy or astrology license shall be in the sum of one thousand dollars($1,000.0o)for each twelve-month period or fraction thereof. (Ord. No. 20.90, § 4, 4-10.90) See. 12.5.5. Bond. Every applicant for a fortunetelling,palmistry,clairvoyancy or astrology license shall file .vith the clerk-auditor of the city a surety bond running to the City of Dania. Florida, in the amount of one thousand dollars($1,000.00)with surety acceptable to and approved by the city commission conditioned that the applicant, if issued a fortunetelling, palmistry,clairvoyancy or astrology license, will comply fully with all the provisions of the ordinances of the city, and the statutes of the State of Florida and will pay all damages which may be sustained by any person by reason of any fraud, deceit, negligence or other wrongful act on the part of the licensee, his agent or employees in the conduct of the licensee's business.A liability insurance policy issued by an insurance company authorized to do business in the State of Florida which conforms to the above recuirements may be permitted by the city commission in its discretion in lieu of a bond. (Ord. No. 20.90, § 5, 4.10.90) Sec. 12.5.6. Place of conducting activities. No fortunetelling,palmistry,clairvoyancy or astrology activities shall be conducted within any of the residential areas of the city or other areas not zoned for such activity, tOrd. No. 20.90, § 6, 4.10-90) Supp.No. 40 755 „4, y l KENJENNE SHERIFF BROWARD COUNTY P.O. BOX 9507 FORT LAUDERDALE, FLORIDA 33310 Date: July 25, 2007 Subject: Elizabeth Miller Race: W Sex: F DOB: : Based on the above information, a check of the Broward Sheriff's Office Records was completed. The records of this agency reflect the following: NO ARREST RECORD ARREST RECORD ATTACHED: ❑ INCIDENT REPORT SEARCH: ® No Record ❑ Record Attached Please note that due to the limitations of our computerized database, the Broward Sheriffs Office cannot guarantee whether or not additional records may exist. To obtain a statewide background check, contact the Florida Department of Law Enforcement at: Internet: http://www.fdle.state.fl.us/criminalhigM or FDLE - User Services Bureau/Public Records P.O. Box 1489 Tallahassee,FL 32302 Phone: (850) 410-8109 To obtain Clerk of the Court records on dispositions and court information, please contact the Clerk of Court directly at one of the following locations: Internet: http://www.clerk-17th-flcourts.orgfbccoc2/pubsearch/public_search.asp Central Courthouse—201 S.E. 6th Street, Fort Lauderdale, FL 33301 North Satellite Courthouse— 1600 W. Hillsboro Blvd., Deerfield Beach, FL 33442 South Satellite Courthouse—3550 Hollywood Blvd., Hollywood, FL 33021 West Satellite Courthouse— 100 N. Pine Island Road, Plantation, FL 33317 r CHECK COMPLETED BY: CCN: 10143 *Check not valid without signature and CCN. )D JUL 1 8 2002 ',j CITY OF DANIA INTEROFFICE MEMORANDUM TO: Chief Donn Peterson/ Detective Richard Tarrant Broward Sheriffs Office District II THRU: Laurence Leeds . Community Development Director FROM: Pansy Warwick �n'.1 Occupational License Coordinator RE: Request Background Check for Palmistry/Fortuneteller Occupational License—Astrology Fortuneteller—2730 Griffin RD DATE: June 25, 2007 A request has been made for renewal of a local business tax receipt for a Palmistry/ Fortuneteller license. Section 12.5-2 of the Dania Beach Code of ordinances indicates such a license is to be granted or reviewed by the City Commission on an annual basis. The Renewal concerns the license of Elizabeth Miller, d/b/a as Astrology Fortuneteller at 2730 Griffin Road. The applicant will be given notice that a hearing will held before the City Commission meeting once this request is completed. Section 12.5-2 (d) lists the criteria by which the City Commission may refuse or revoke renewal of a Fortuneteller's license. One of the steps in obtaining renewal is for the Chief of Police to check for any violations as stated in Section 12.5-2 (d). A copy of the code section is attached. In order to process this request to be heard before the City Commission meeting, the background check for any/stated violations would need to be completed by July 6, 2007. Please contact us should you have any questions. attachment per' CITY OF DANIA P.O. BOX 1708 300 WEST DANIA DANIA, FLORIDA B 33001VARD (305) 921-8700, EXT. 253 OR 259 APPLICATION FOR OCCUPATIONAL LICENSE IC NSE TYPE DATE OF APP. NEW LICENSE PROPERTY FOLIO ) TRANSFER OWNE ( ) TRANSFER LOC (FOR OFFICE USE ONLY) ( ) HOME OCCUPATION - - LICENSE N0. 00939 Please fill in all blanks. DATE ISSUED Form rill be returned unless LICENSE FEE all appropriate blanks are filled In. NAME OF BUSINESS � �T/'C)/ ^f � BUSINESS ADDRESS 3-730 CR i F FfA/ 4Z D. BUSINESS PHONE `�� /isca PRINCIPAL'S NAMES D'A§DRESS0 Z I Ti r1 1/en 3 �i ri E5771 f - �ALI ll 33�0/ PERSON APPLYING FOR LICENSE T TLE (WITHIN COMPANY) NAM �# J j:ES.-i3-E DATE OF BIRTH SOC. SE DRIVERS LICENSEI RES. PHONE 1 ALL ARREST OTHER THANOWNEOLYING FOR LICENSE OR RICORPORATE MEMBERS, LIST ANY AND A NAME DATE OF ARREST VIOLATIONCITY 6 STATE NAME DATE OF ARREST VIOLATION CITY i STATE DESCRIBE IN DETAIL THE TYPE AND NATURE Of YOUR BUSINES5rc 2 TUN'.- 7T_//_:__ IF A RESTAURANT NO. OF SEATS_: SERVICE STATION NO. OF PUMPS IF A MANUFACTURER NO. OF EMPLOYEES_I NAME OF INSURANCE CO. (LIABILITY INS.) sh"A (-AU/:z Z � PHONE`l LIST SANITATION COMPANY FT ' r �� -r i .�/ [ _PHONE __ ARE YOU THE OWNER OF THE BUILDING/PROPERTY? (yam, IF No, LIST NAME, ADDRESS AND PHONE NO. OF OWNER, AND HAVE OWNER (OR OWNER'S AGENT) COMPLETE AUTHORIZATION FORM (ATTACHED). /;� ADDRESS 77 >P /•',i•hi l; PHONE`( ./ OWNER OR AGENT t� '-' ' l I /'Y�rc� ��. I HEREBY CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE, TRUE AND CORRECTI AND FURTHER I UNDERSTAND THAT ANY MISSTATEMENT OF FACTS CONTAINED IN THIS APPLICAITON MAY CAUSE MY LICENSE TO BE REVOKED. DATE n i., S fGNA E APPLICANI THE PREMISES WILL BE INSPECTED B! TBE CITY OP DANIA BUILDING DEPARTMENT AND THE FIRE MARSHALL. IP ANY VIOLATIONS EXIST, SAID VIOLATIONS MOST BE CORRECTED WITHIN 15 DAYS OR LICENSE MA2 633 D:.L:L::. ZONING CERTIFICATION: PRIOR OWNER/BUSINESS ZONING CLASS._PROPOSED USE OF PRDATETY 4PPR0VED BY THIS SPACE FOR CITY INSPECTORS DATE MECH INSP DATE -.LECT INSP DATE 'LMBG INSP DATE FIRE INSP_ _—_ BUILD INSP DATE CITY MANAGER---DATE, , e1UW:,RO SHERIFF' S 01 CC Emergency Contact Information Form: (Please Print All Information) BAN It BUSINESS NAME: ,4SI9cLo6,Y- d fG PTu9A1, Tt'/11-z,e BUSINESS ADDRESS; 2-730 6) -6 AA KD, BUSINESS PHONE 11 : 266 - S w 3 BUSINESS PHONE 12: 1d - &&5 - Ze ZO EMERGENCY CONTACTS - (Name/Address/Phone) OWNER 11 : E- i2/38LTI-1 Middle //aC��� 5;6+1i �57�1oG MlB/hi Fi �3/GS ZzS=/36 j OWNER 12: � R2/ ©�f� Z7S0 GR r/vnl R� f7l AuOFRDiI/E 1�3 �'33 . yyL - 1177 . OWNER 131 3-S- ALARM COMPANY: Cb'Cugftf AMERi -d Y3`171 5w iNu 5t M)i1,M, is"2 -/ui7 PHONE 1 : 305 ZS 2 ' /DlY 5� �z S�N�' ALARM TYPE (Check one) : SILENT (A /AUDIBLE ( ) /FIRE ( ) /MEDICAL ( ) RE.MAR%S: (DWNER'S AL 40RIZATION TO ISSUE OCCUPATIONAL LICE NE.E CERTIFY THAT I AM THE PAINT NAME OWNER/AGENTOFPREMISESAT AND HAVE LEASED SAID PREMISES TO 4L.' 2/I BL;W MII rC IZ FOR THE P URPOSEOF fi�T,E'CGG c_� f;-.,('J�[.AIIL I UNDERSTAND THAT THE BUILDING WILL BE INSPECTED BY THE CITY OF DANIA INSPECTORS AND I AGREE THAT ANY VIOLATIONS (STRUCTURAL, ELECTRICAL PLUMBING, SAFETY AND FIRE MARSHALL) : ( ) WILL BE CORRECTED BY ME lxi WILL BE CORRECTED BY THE ABOVE N.A`IED LESSEE I .ALSO UNDERSTAND THAT NO ALTERATIONS OR .ADDITIONS WILL BE MADE WITHIN OR TO THE PREMISES UNTIL THE PROPER PERMITS HAVE BEEN PROCURED. IN ADDITION, NO SIGNS WILL BE .ALTERED, OR INSTALLED UPON THE PREMISES WITHOUT THE PROPER PERMITS BEING PULLED. li SWORN TO AND SUBSCRIBED BEFORE ME 'PHE3 DAY OF V`,. 19y� NOTARY, .;If\, SF;I, S7A`1PS - -- i ,Mdl2KCL f a CITY OF DANIA 8" Rgkt eROWLRD COUNT DANIA, FLORIDA l�co0 Sr LJ. �7/h�b- M//lv7i �3(Q�l- I �Pcr./.✓ B.P�u/.tr LEAVE TWS SPACE 13LANK �Yc/�%� /lSrRoi-�crc -i,ARS AND MARk_ PLACE CF B:RTH 108irLGT L CI-IZZENSH,� --d iURE OF 'JF=ICJotL IDATc (J.S F' T'K�'GFINGERPRINT.S / r,CHEC✓ IF NO FECO'{ � .�Oy ��b 4 " IS DESIRED 1 R UMB .GH INDE/. J n c 4 RIGHT RING 5 ;,G-7 L17TLE w\ �, 6 LE 6 LEFT I-E S � FFT RING I LEF7 L TTLE u/H, Wj - _ LE=T FOUR FI^vcf'"' TAh FN. NEOUS-� LE- R G RIG"TT%) F S TAKEN SI 1 7ANEGUS . qt 'ji70 I�IK THUMB THUI E ( wr .' / Nl��e. CITY OF DANIA BEACH COMMUNITY DEVELOPMENT OCCUPATIONAL LICENSE DIVISION August 3, 2007 Astrology Fortuneteller Attn: Elizabeth Miller 133 Fiesta Way Fort Lauderdale, FL 33301 Dear Ms. Miller: The Dania Beach City Commission will conduct a public hearing concerning issuance of a Palmistry/Fortunetellers local business tax receipt for your business at 2730 Griffin Road, Dania Beach, at their August 14, 2007 meeting. The hearing will be placed on the agenda for the meeting that begins at 7:00 a.m. The meeting is held in the City Commission Chamber at 100 W Dania Beach Blvd. You have the right to be represented at the hearing by counsel. Attached for your information is Chapter 12.5 of the Dania Code of Ordinances, which concerns Fortunetellers, Palmists, Clairvoyants and Astrologers. An annual license is required. We are in receipt of your surety bond as required in Section 12.5-5 of the Code of Ordinances. Please be familiar with Section 12.5-2, which are the criteria by which the City Commission can revoke or refuse a Palmistry/Fortunetellers license. Sincerely, Pansy Warwick Business Tax Coordinator cc: Ivan Pato, City Manager Laurence Leeds. Community Development Director 100 West Dania Beach Boulevard Dania Beach,Florida 33004 Phone:954-924-3600 www. DaniaBeachtl.gov I CITY OF DANIA BEACH Agenda Item # 77 Agenda Request Item Date of Commission Meeting: 8/14/2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Requested Action (Idenfity appropriate Action or Motion) Request by Jay Kodner for renewal of local business tax receipt for an auctioneer's license located at 45 S. Federal Highway. Why Action is Necessary Section 21-52 of the City of Dania Beach Code of Ordinance indicated such a license is to be granted or reviewed by the City Commission on an annual basis. What Action Accomplishes Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ Water. ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background Fiscal Impact/Cost Summary Exhibits Attached r 1. Copy of the ordinance. 2. Copy of memo from Detective Richard Tarrant, BSO regarding background check investigation. 3. Copy of letter of notification city commission hearing date. 4. Copy of application. Exhibit 1 Exhtbtt 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by Date Department Director Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ 121.46 DANIA CODE shall, upon conviction, be fined not less than twenty-five dollars($25.00), nor more than five hundred dollars($500.00), or be imprisoned for a period not to exceed thirty(30)days for each violation. (Ord. No. 293, 16. 6.8.82) Secs. 2147-21-50. Reserved. ARTICLE IV.AUCTIONS AND AUCTIONEERS• Sec. 21-51. License required. No personal property(goods,wares or merchandise)shall be sold at auction in the City of Dania,Florida, except in compliance with the provisions of this article.It shall be unlawful to sell or cause or permit to be sold at auctions,any personal property,(goods,wares or merclum. dine) in the.City of Dania, Florida, unless such sale is conducted by an individual who has applied for and obtained an auctioneer's license from the City of Dania (Ord. No. 27.88, 11, 5.24-88) Sec. 2142. Issuance and revocation of license. (a) The city commission of the City of Dania, Florida, is hereby authorized to grant or renew an auctioneer's license for any period of time not exceeding one year to as y individual applying therefor on a form to be provided for in section 21-64 of this article and the filing by the applicant of the band required by the applicant of the bond required by section 2155 of this article. (b) The form on which application shall be made for an auctioneer's license shall require the following information: (1) Name of the applicant. (2) Residence and business address of the applicant. (3) The length of time for which an auctioneer's license is desired. (4) A statement as to whether or not the applicant holds, or has held an auctioneer's license from any state, municipality, governing body or licensing authority; a list of such licenses and a statement of the time,place and by whom issued; a statement as to whether any state, municipality, governing body or licensing authority has ever refused to issue or to renew an auctioneer's license to the applicant together with a full and accurate statement as to t! reasons for any such refusal; and a statement as to whether any state, municipals' governing body or licensing authority has ever revoked an auctioneer's license held by the applicant together with a full and accu. rate statement as to the reasons for any such revocation. *Editor's note—Ord. No. 27.88, H 1-10, adopted May 24, 1988, did not specifically amend the Code; therefore, inclusion as Art. IV, It 21.51-21.60, was at the discretion of the editor. Cross reference—License fee schedule, 4 15.12. Supp. Na 31 127s I SALES AND AUCTIONS 4 21.52 (5) A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or violation of any municipal ordinance, and if so, the nature of the offense and the punishment or penalty assessed thereto. (6) A photograph of the applicant, taken within sixty (60) days immediately prior to the date of the filing of the application, which picture shall be two (2) inches by two (2) inches showing the head and shoulders of the applicant in a clear and distinguishing manner,except that the city commission may waive this requirement with respect to an application for renewal of an auctioneer's license by an individual holding an unexpired auctioneer's license issued under this article and who has in a previous application under this article complied with this requirement; (7) The fingerprints of the applicant and the names of at least two (2) reliable property owners of the County of Broward, State of Florida, who will certify as to the appli- cant's good moral character and business responsibility or in lieu of the names of references any other available evidence as to the good moral character and business responsibility, except that the city commission may waive this requirement with respect to an application for renewal of an auctioneer's license by any individual holding an unexpired auctioneer's license issued under this article who has in a previous application under this article complied with this requirement. (c) Before issuing an auctioneer's license to any individuall applying therefor the city commission shall refer the application to the chief of police who shall cause to be made such investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public good,except that the city commission may waive this requirement with respect to an application for renewal of an auctioneer's license by any individual holding an unexpired auctioneer's license issued under this article if an investiga- tion of such applicant's moral character and business responsibility has previously been made under this section in connection with a prior application for an auctioneer's license under this article. The chief of police shall cause the investigation herein provided for to be made within a reasonable time and shall certify to the city commission whether or not the moral character and business responsibility of the applicant is satisfactory. (d) An auctioneer's license may be revoked by the city commission or an application for issuance or renewal of such license may be refused by the city commission, if it is determined, after notice and hearing. (1) That the applicant or license holder is not an individual of good moral character and business responsibility; or (2) That the application of the applicant or license holder contains any false, fraudulent or misleading material statement; or (3) That the applicant or license holder has made any false, fraudulent or misleading material statement in the course of conducting an auction sale of, or in offering for sale at auction, any real or personal property (goods, wares or merchandise) in the City of Dania,Florida; or Supp. Nm 31 I 1277 i 5 21.52 DANIA CODE (4) That the applicant or license ho lder older has perpetrated a fraud upon any person whe ther ether or not such fraud was perpetrated in the conduct of an auction in the City of Dania, Florida; or (5) That the applicant or license holder has violated any of the statutes of the State of Florida relating to auctions or auctioneers; or (6) That the applicant has been convicted of any crime or misdemeanor involving moral turpitude; or (7) That the applicant or license holder has conducted an auction sale of, or offered for sale at auction, any real or personal property (goods, wares or merchandise) in the City of Dania,Florida,in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health,safety or general welfare of the public. (e) Notice of the hearing provided for in subparagraph(d)above shall be given in writing to the applicant or license holder as the case may be. Such notice shall be mailed, postage prepaid, to the applicant or license holder as the case may be at his last known address at least five (5) days prior to the date set for hearing. The applicant or license holder as the case may be shall have the right to be represented at such hearing by counsel.(Ord. No. 27-88, 12, 5.24-88) Sec. 21.53. Judicial remedy by circuit court. Any person aggrieved by any decision of the city commission may, within thirty(30)days from the date of rendition of such decision, apply to the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County, Florida, for a review of such decision of the city commission, which said review shall be limited to a petition at common law for a writ of certiorari.(Ord. No. 27-88, 13,5.24.88) Sec. 21-54. license fees. The fees for an auctioneer's license shall be as set forth in section 15-12 of the Code of Ordinances of the City of Dania.(Ord. No. 27.88, 14, 5.24-88) Sea 21.55. Bond. Every applicant for an auctioneer's license shall file with the clerk-auditor of the City of Dania, Florida, a surety bond running to the City of Dania, Florida, in the amount of one thousand dollars ($1,000.00) with surety acceptable to and approved by the city commission conditioned that the said applicant, if issued an auctioneer's license, will comply fully with all the provisions of the ordinances of the city and the statutes of the state regulating and concerning auctions and auctioneers, will render true and strict accounts of all his sales to any person or persons employing him to make the same,will not practice any fraud or deceit upon bidden or purchasers of property from him at any auction sale or suffer or permit any person in his employ to practice any such fraud or deceit,and will pay all damages which may be sustained by any person by reason of any fraud, deceit, negligence or other wrongful act on the part of Supp• No. 31 1278 SALES AND AUCTIONS ¢ 21-58 the licensee. his agent or employees in the conduct of any auction or in the exercise of the calling of auctioneer. A liability insurance policy issued by an insurance company authorized to do business in the State of Florida which conforms to the above requirements may be permitted by the city commission in his discretion in lieu of a bond. (Ord. No. 27.88, ¢ 5, 5.24.88) Sec. 21.56. Place of conducting auctions. (a) No auction sale of personal property(goods, wares or merchandise)shall be conducted within any of the residential areas of the city except upon the issuance of a special permit therefor by :he city commission and in accordance with the express terms of such special permit. (b) Appi:cation for a special permit to conduct an auction sale of personal property(goods,wares or merchandise) within the areas of the city described in subsection (a) above shall s,made to the city commission on a form to be provided by the city upon which shall be stated the nature a td quantity of the goods to be sold and the number of days during which it is desired to conduct such auction sale.The city commission shall issue such special permit upon the payment �f a fee of fifteen dollars(315.00)which fee shall be in addition to and not in lieu of the fees a=d bond provided for in sections 21.5.4 and 21.55 respectively, of this article, upon its determination that there is good and sufficient reason for the issuance of such special permit. Such special permit shall specify the place or places within the areas described in subsection a above to which it pertains and the number of days for which such special permit is valid. (c) The city commission may refuse to issue or renew such special permit or may revoke any special permit already issued, if it determines that there is good and sufficient reason for such refusal or revocation. Any individual aggrieved by the action of the city commission in refusing to :slue or renew or in revoking any such special permit shall have the right to appeal as prodded in section 21.53 of this article. In the event that such an appeal be taken it shall be urla«-ful for any individual to conduct any sale at auttion in accordance with the terms of suc= special permit (d) No s_ch special permit shall be issued to any individual except one to whom an auctioneer's :icense has been issued under section 21.52 of this article. (Ord. No. 27.88, ¢ 6, 5.24.88) Sec. 21.57. Auctions prohibited on streets,sidewalks and public property. It shall 'oe unlawful to conduct an auction sale of personal property (goods, wares or merchandise on any of the streets, sidewalks, or public property of the City of Dania, Florida. (Ord. No. 27-H, § 7, 5.24-88) Sec. 2I.58. -fight auctions of jewelry and certain other articles prohibited. It shall ba unlawful to offer for sale at auction or sell at auction, any gold, silver, plated ware, clocks. watches, diamonds or other precious or semiprecious stones or any imitation Supp. No. 31 1279 1 21.58 DANIA CODE thereof, glassware,chinaware or jewelry or any article purporting to be or represented as any of the above-listed articles between the hours of 6:00 p.m. and 8:00 a.m. (Ord. No. 27.88, 18, 5.24-88) Sec. 21-59. Article not applicable to judicial sales. The provisions of this article shall not be applicable to auction sales conducted by trustees or referees in bankruptcy, executors, administrators, receivers or other public officers acting under judicial process, nor to the sale of real property at auction.(Ord.No. 27-88, 4 9, 5.24.88) Sec. 21-60. Penalties. Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding five hundred dollars ($500.00)or by imprisonment in the county jail not exceeding ninety(90)days,or by both such fine and imprisonment. Each such violation shall constitute a separate offense and shall be punishable as such hereunder.(Ord.No. 27.88, 1 10, 5-24-88) Supp.Na 31 [The next page is 13251 1280 I Y KENJENNE SHERIFF BROWARD COUNTY P.O. BOX 9507 FORT LAUDERDALE, FLORIDA 33310 Date: July 25, 2007 Subject: Jay L Kodner Race: W" Sex: M DOB: Based on the above information, a check of the Broward Sheriff s Office Records was completed. The records of this agency reflect the following: NO ARREST RECORD ❑ ARREST RECORD ATTACHED: ® / INCIDENT REPORT SEARCH: ❑ No Record ® Record Attached Please note that due to the limitations of our computerized database,the Broward Sheriffs Office cannot guarantee whether or not additional records may exist. To obtain a statewide background check, contact the Florida Department of Law Enforcement at: Internet: http://www.fdle.state.fl.us/criminalhistory or FDLE - User Services Bureau/Public Records P.O. Box 1489 Tallahassee,FL 32302 Phone: (850)410-8109 To obtain Clerk of the Court records on dispositions and court information, please contact the Clerk of Court directly at one of the following locations: Internet: http://www.clerk-17th-flcourts.orgfbccoc2/pubsearch/public—search.asp Central Courthouse—201 S.E. 6th Street, Fort Lauderdale, FL 33301 North Satellite Courthouse— 1600 W. Hillsboro Blvd., Deerfield Beach, FL 33442 South Satellite Courthouse—3550 Hollywood Blvd., Hollywood, FL 33021 West Satellite Courthouse— 100 N. Pine Island Road, Plantation, FL 33317 CHECK COMPLETED BY: CCN: 10143 •Check not valid without signature and CCN. CITY OF DANIA BEACH COMMUNITY DEVELOPMENT OCCUPATIONAL LICENSE DIVISION J JUL 1 $ 2007 INTEROFFICE MEMORANDUM TO: Chief Donn Peterson/ Detective Richard Tarrant Broward Sheriffs Office District II THRU: Laurence Leeds C.- . `-� Community Development Director FROM: Pansy Warwick J Occupational License Coordinator RE: Request Background Check for an Auctioneer's Occupational License—Kodner Galleries, Inc—45 S Federal Hwy DATE: June 25, 2007 A request has been made for renewal of an occupational license for an auctioneer's license. Section 21-52 of the Dania Beach Code of ordinances indicates such a license is to be granted or reviewed by the City Commission on an annual basis. The Renewal concerns the license of Jay Kodner for property at 45 S Federal Hwy. The applicant will be given notice that a hearing will be held before the City Commission meeting once the request is completed. Section 21-52 (d) lists the criteria by which the City Commission may refuse or revoke renewal of an auctioneer's license. One of the steps in obtaining renewal is for the Chief of Police to check for any violations as stated in Section 21-52 (d). A copy of the code section is attached. In order to process this request to be heard before the City Commission meeting, the background check for any/stated violations would need to be completed by July 6, 2007. Please contact us should you have any questions. Attachment pw CSYOFDAmA C C&OWTHNANKiID®.-.& -7UlWr DMSMOrOOQIlATNNULLJCM lOa !00 wwr DA}NA BNALH BO W BVARD DAINADRUM rL 33004 PNOIS�%tA�-I6M Ot 951-9243657 FAY W AI "M" D►7ctZZ Arr. LZCMCTT f 1 NSir Lzccmt rsorinm rOLIO ( I TNAMMM cat" Irox -orrl:t OS N.I: I : Tah"m LOCATIod am OCCorASIou rleAws 9111 in all Chat+. 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M M 7 7 �a a� Dom" OX AMW AOOataiN P O" a a I AMUMAT CLXTIrT TaAT TRI AS= INFORMATION IS CDNrt , TXOL AMD COUOc=l AND rN== I D DZMANO THAT ANT IILSSTA um or rA= CO�AZIi I TNti MUCUM MAY CMX XT LICCMXZ TO SC =CYO=. f 1 -kC-O`i SAURAMBAS Or ANUMM =y PAUL&" 2 jar== Air TNN CZTI at QWA SWUMMI DLTANT VAM AM'YYL rM MaraNA &. IT ANY 4tOLUWM 131NT, SArO V=ATZONS MOMT as CDUS== 3IISNSN 15 MU OR LZC=Z NAY as OSUM ZOMIYG CCNTIlI MON1 /RIDS ONMUNSIUSS ZONING CLANS. plot= DSx Or rROMId ArrBDYCD NT OAT! Test SrAU 701 Ctlx I1o<rts=M CsiCl Zior oast sm Isis DAU Ylmro Farr am rum SM I"= IArr�WaN CilY NAYAfiiR��OaTs�,�, i CITY OF DANIA - APPLICATION FOR AUCTIONEER'S LICENSE 1. Name of applicant :k►y 1' obNr- Z 2. Resid cee.address of applicant : 01+1 3. Business address of applicant i3OL cp - '-1 S 5. \=ems n 44AA 4. Telephone number of applicant 5L(-)-L3- S. Does applicant hold or has applicant ..ever held an auctioneer's license from any state, municipality, governing body or licensing authority? Yes bQ No ( ) 6. If answer to No. 5 is 'yes', list the time and place and by whom issued: 7. Has any state, municipality, governing body or licensing authority ever refused to issue or to renew an auctioneer's license? Yes ( ) No 04 8. If answer to No. 7 is Oyes', state reason for the refusal: 9. Has any state, municipality, governing body or licensing authority evert revoked an actioneer's license held by you? �W Yes ( ) No , 30. If answer to No. 9 is 'yes', give full and accurate statement as to reason for any such revocation. 11. Have you ever been convicted of a crime, misdemeanor, or violation of any municipal ordinance? Yes ( ) No bQ 12. If answer to No. 11 is eyes", state the nature of the offense and the punishment or penalty assessed thereto: 13. Length of time for which auctioneer's license is desired. (Not to exceed one [1) year) P fr In addition to completing the foregoing, applicant shall furnish to the city the followings (a) Photograph of the applicant, taken within sixty (60) days immediately prior to the date of the filing of the application, which picture shall be two (2) inches by two (2) inches showing the head and shoulders of the applicant in a clear and distinguishing manner, except that the city commission may waive this requirement with respect to an application for renewal of an auctioneer's license by an individual holding an unexpired auctioneer's license issued under this article and who has in a previous application under this article complied with this requirement. (b) The fingerprints of the applicant and the names of at least two (2) reliable property owners of the County of Broward, State of Florida, who will certify as to the applicant's good moral character and business responsibility, except that the city commission may waive this requirement with respect to an application for renewal of an auctioneer's license by an individual _ holding any unexpired autioneer's license issued under this article and who has in a previous application under this article complied with this requirement. I HEREBY CERTIFY THAT ALL ANSWERS, STATEMENTS AND ITEMS SUBMITTED HEREWITH ARE TRUE AND/OR CORRECT IN EVERY RESPECT AND AGREES AND UNDERSTANDS THAT ANY MISSTATEMENT OF FACTS CONTAINED IN THIS APPLICATION SHALL CAUSE MY LICENS TO BE-REVOKED. r;;-A 9NEtL _ APPLICANT DATED this day of CERTIFICATE OF APPROVAL THE ISSUANCE OF AN AUCTIONEER'S LICENSE IS SUBJECT TO THE APPROVAL OF THE CITY COMMISSION, SECTION 21-52 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA. I CERTIFY THAT THE ISSUANCE OF THIS LICENSE WAS APPROVED BY THE CITY COMMISSION ON THE DAY or , 19 CITY CLERK e " - i I , SECLOFO 10ZZ I AICEi. D �/}Nt ( I l C DIV TA Woo - /Bso 4` rvl_tZ �AtLaIE-S 1 itC CHAPTER 49& F.B. CHAPTER 790. R3. X �« \i [[� �yy4 „ J)d b OI \V i ✓ w+. a z ✓ y fly aw v r+✓��{C\ :i. —8 .r f 4x; } i CITY OF DANIA BEACH COMMUNITY DEVELOPMENT LOCAL BUSINESS TAX RECEIPT DIVISION August 3, 2007 Jay Kodner Kodner Galleries, Inc. P.O. Box 386 Dania Beach, Florida 33004 Dear Mr. Kodner: The Dania Beach City Commission will conduct a public hearing concerning your application PP for an auctioneer's license for property at 45 S Federal Hwy, Dania Beach, at their August 14, 2007 City Commission meeting. The hearing will be placed on the agenda for the meeting that begins at 7:00 p.m. The meeting is held in the City Commission Chamber at 100 W. Dania Beach Blvd. You have the right to be represented at the hearing by counsel. Attached for your information is a portion of Chapter 21 of the Dania Code of Ordinances, which concerns auctions and auctioneers. An annual license is required. We have your original application and the renewal notice, as well as your bond. Please be familiar with Section 21-52, which are the criteria by which the City Commission can revoke or refuse an auctioneer's license. Sincerely, n l ;.( cl: k Pansy Warwick Business License Coordinator cc: Ivan Pato, City Manager Laurence Leeds, Director of Community Development 100 West Dania Beach Boulevard Dania Beach Florida 33004 Phone:954-924-3600 Fax:954-922-2687 www.Dan iaBeachtl.gov CITY OF DANIA BEACH �= Agenda Item # /• Agenda Request Item Date of Commission Meeting: 8/14/2007 Adopt Resolution ❑ Adopt Ordinance(1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Requested Action (Identity appropriate Action or Motion). Request by Jay Kodner for renewal of local business tax receipt for an auctioneer's license located at 6 S. Federal Highway. Why Action Is Necessary Section 21-52 of the Dania Beach Code of Ordinances indicated such a license is to be granted or reviewed by the City Commission. What Action Accomplishes Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background � I Fiscal Impact/Cost Summary F� -1Exhibits Attached 1. Copy of ordinance. 2. Copy of memo from Detective Richard Tarrant, BSO regarding background check investigation. 3. Copy of notification letter city commissioin hearing data. 4. Copy of application. Exhibit 1 ,Exhibit 2 ,Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorize d Signatures F= ty Date Date HR Director Date Finance Director Date Date City Attorney Date City Manager Date City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ 12146 DANIA CODE shall.upon conviction,be tined not less than twenty-five dollars(523.00), nor more than five hundred dollars(5500.00),or be imprisoned for a period not to exceed thirty t30)days for each violation.(Ord. No.293, 1 S. 8.8.82) Sob. 21-47-21-S0. Reserved. ARTICLE IV.AUCTIONS AND AUCTIONEERS' See. 21-31. License required. No personal property(goods,wares or maehandise)shall be sold at auction in the City of Dania,Florida,'wept in compUaace with the provisions of this articl&It shall be unlawhtl to nU or cause or permit to be sold at auctions,an personal 7 P property(gooda,wares or mercbaa• disc) in the.City of Dania, Florida, unieas such sale in conducted by an individual who bee applied for and obtained an auctioneer s license from the City of Dania.(Ord.No. 27.88, 11, 5.2W8) Sec. 21-52. Issuance and revocation of license. (a) The city commission of the City of Dania.Florida, is hereby authorized to grant or renew an auctioneers license for any period of time not ezeesding one year to any individual applying therefor on a form to be provided for in swdoa 21.54 of this article and the iUing by the applicant of the bond required by the applicant of the bond required by section 21.88 of this article. (b) The form on which application shall be made for an auctioneers license shall require the following information: (1) Name of the applicant. (2) Residence and business address of the applicant (3) The length of time for which =auctioneer's license is desired. (4) A statement as to whether or not the applicant holds, or has held an auctioneer's license from any state, municipality, governing body or licensing authority; a list of such licenses and a statement of the time,place and by whom issued; a statement as to whether any state, municipality, governing body or licensing authority has avar - —,ad to issue or to renew an auctionear s license to the applicant together with a hill and accurate statement as to t) reasons for any such refusal; and a statement as to whether any state, municipal?' governing body or licensing authority has ever :evoked an auctioneer's license held by the applicant together with a full and aces• rate statement as to the reasons for any such revocation. •Editor's nota-Ord. So. 27-88. 11 1-10, adopted :stay 24, 1988, did not specifically amend the Code;therefore, inclusion as Art IV, 11 21-31-21-0,was at the discretion of the aditor. Cross reference-License fae sc adule, 1 15.12. :U;P. No. J1 LT76 SALES AND AUCTIONS 121.52 (5) A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or violation of any municipal ordinance, and if so, the nature of the offense and the punishment or penalty assessed thereto. (6) A photograph of the applicant, taken within sixty(601 days immediately prior to the data of the filing of the application, which picture shall be two(2) inches by two(2) inches showing the head and shoulders of the applicant in a clear and distinguishing manner,except that the city commission may waive this requirement with respect to an application for renewal of an auctionni s license by an individual holding an unexpired auctioneers license issued tinder this article and who has in a previous application under this article compiled with this requirement (7) The fingerprints of the applicant and the names of at lent two(2)reliable property owners of the County of Broward,State of Florida, who will certify as to the appli• cent's good moral character and business responsibility or in Hou of the names of references any other available evidence as to the goad moral character and business responsibility, except that the city commission may waive this requirement with respect to an application for renewal of an auctioneer's license by any individual holding an unexpired auctioneer's license issued under this article who has in a previous application under this article compiled with this requiremanc. (c) Before issuing an auctioneers license to any individual applying therefor the city commission shall refer the application to the chief of police who shall cause to be made such Investigation of the applicant's moral character and business responsibility as he deems necessary for the protection of the public good,except that the city commission may waive this requirement with respect to an application for renewal of an auctioneer's license by any individual holding an unexpired auctioneer's license issued under this article if an iavestiga• tion of such applicant's moral character and business responsibility has previously been made under this section in connection with a prior application for an auctioneer's license under this article.The chief of polka shall cause the investigation herein provided for to be made within a reasonable time and shall certify to the city commission whether or not the moral character and business responsibility of the applicant is satisfactory. (d) An auctioneer's license may be revoked by the city commission or an application for issuance or renewal of such license may be refused by the city commission,if it is determined, after notice and hearing: (1) That the applicant or license holder is not an individual of good moral character and business responsibility; or (2) That the application of the applicant or license holder contains any falsa, fraudulent or misleading material statement;or (3) That the applicant or license holder has made any false, fraudulent or misleading material statement in the course of conducting an auction sale of, or in offering for said at auction. any real or personal property (goads, wares or merchandise) in the City of Dania,Florida; or supo. No. 31 1277 1 21-52 DANIA CODE (4) That the applicant or license holder has perpetrated a fraud upon any person whether or not such fraud was perpetrated in the conduct of an auction in the City of Dania. Florida.or (5) That the applicant or license holder has violated any of the statutes of the State of Florida relating to auctions or auctioneerr,or (6) That the applicant has been convicted of any crime or misdemeanor involving moral turpitude,or (7) That the applicant or license holder has conducted an auction sale of, or offered for We at auction, any real or personal property (goods, wares or merchandise) in the City of Dania,Florida,in an unlawful manner or in such a manner as to constitute a breach of the peace or a mansfe to the health,safety or general welfare of the public. (a) Notice of the hearing provided for in subparagraph(d)above shall be given in writing to the applicant or license holder as the case may be. Such notice shaA be mailed, postage prepaid, to the applicant or license holder as the case may be at his last known address at least five(a)days prior to the data set for hearing.The applicant or license holder as the case may be shall have the right to be represented at such hearing by counsel.(Ord.No.27,88, 12, 5-24-88) See. 21.83. Judicial remedy by circuit court Any person aggrieved by any decision of the city commission may, within thirty(30)days kom the date of rendition of such decision, apply to the Circuit Court for the Seventeenth Judicial Clrcuit in and for Broward County,Florida,for at review of such decision of the city commission, which said review shall be limited to a petition at common law for a writ of certiorari. (Ord.No.27$8, 13,5-24-88) See. 2W% License fees. The fees for an auctioneers license shall be as set forth in section 15.12 of the Coda of Ordinances of the City of Dania.(Ord.No. 27-88, 14, 5.24-88) Sec. 21-53. Bond. Every applicant for an auctioneer's license shall file with the clerk-auditor of the City of Dania, eIcrida, a surety band running to the City of Dania, Florida, in the amount of one thousand dollars ($1,000.00) with surety acceptable to and approved by the city commission conditioned that the said applicant, if issued an auctioneers license, will comply fully with all the ;rovisions of the ordinances of the city and the statutes of the state regulating and concerning auctions and auctioneers,will render true and stria accounts of all his sales to any person or persons employing him to make the same,will not practice any fraud or deceit upon bidders or purchasers of property from him at any auction sale or suffer or permit any person in his employ to practice any such fraud or deceit,and will pay all damages which may be sustained by any person by reason of any fraud, deceit, negligence or other wrongful act on the part of Stepp. Yu. 3t 12^,8 SALES AND AUCTIONS 4 21.58 the licensee. his agent or employees in the conduct of any auction or in the exercise of the calling of auctioneer.A liability insurance policy issued by an insurance company authorized to do business in the State of Florida which conforms to the above requirements may be permitted by the city commission in his discretion in lieu of a bond. (Ord. No. 27.88, 111, 6.24.88) Sec. 21.56. Place of conducting auction*. (a) No auction sale of personal property(goods,wares or merchandise)shall be conducted within any of the residential areas of the city except upon the issuance of a Special permit therefor by :he city commission and in accordance with the express terms of such special permit. (b) Appi:cation for a special permit to conduct an auction sale of personal property(goods, wares or merchandise) within the areas of the city described in subsection(a)above shall be made to the city commission on a form to be provided by the city upon which shall be stated the nature anti quantity of the goods to be sold and the number of days during which it is desired to conduct such auction sale.The city commission shall issue such special permit upon the payment of a fee of fifteen dollars(813.00)which fee ahall be in addition to and not in lieu of the fats Led bond provided for in sections 21.34 and 21.33 respectively,of this article,upon its determination that there is good and sufficient reason for the issuance of such special permit. Sue: special permit shall specify the place or places within the areas described in subsection 1 a above to which it pertains and the number of days for which such special permit is valid. (c) The city commission may refuse to issue or anew such special permit or may revoke any special permit already issued,if it determines that there is good and sufficient reason for such refusal or revocation. Any individual aggrieved by the action of the city commission in refusing to issue or renew or in revoking any such special permit shall have the right to appeal as provided in section 21-53 of this article.In the event that such an appeal be taken,it shall be unlawful for any individual to conduct any sale at auction in actordance with the terms of suc' special permit. ld) No s-:ch special permit shall be issued to any individual axcept one to whom an auctioneer's license has been issued under section 21.52 of this article. (Ord. No. 27.88, 16, 5.24.881 Sec. 21.37. Auctions prohibited on streets, sidewalks and public property. It shall 'oe unlawful to conduct an auction sale of personal property (;:ode, wares or merchandisa on any of the streets,sidewalks,or public property of the City of Dania, Florida. (Ord. No. 27c3, $ 7, 3-24-d8) Sec. 21.58. Might auctions of Jewelry and certain other articlas prohibited. It shall 'oe unlawful to offer for sale at auction or sell at auction, any gold, silver, plated ware, cocks. watches. diamonds or other precious or semiprecious :tones or any imitation SuPP. Ito. 3l 1279 1 21.58 DANIA CODE thereof,glassware,chinaware or jewelry or any article purporting to be or represented as any of the abave•listed articles between the hours of 0:00 p.m. and 8:00 a.m. (Ord.No. 2788. 18, 5-24.88) Sec. 2149. Article not applicable to judicial sales. The provisions of this article shall not be applicable to auction sales conducted by trustees or referees in bankruptcy, executors, administrators, receivers or other public officers acting under judicial process,nor to the sale of real property at auction.(Ord.No.2788, 19,5.2488) Sao. 2140. Penalties. Any person violating any of the provisions of this article shall be deemed guilty of a misdamemor and upon conviction thereof shall be fined not exceeding five hundred dollars 3800.00)or by imprisonment in the county jail not exceeding ninety(90)days,or by both such fine and imprisonment. Each such violation shall constitute a separate orense and shaA be punishable me such hereunder.(Ord.No.2T88.1 10,8.2488) .Sapp.;to.31 Mrs next psge is 13231 1280 r KENJENNE SHERIFF BROWARD COUNTY P.O. BOX 9507 FORT LAUDERDALE, FLORIDA 33310 Date: July 25, 2007 Subject: Jay I. Kodner S Race: W Sex: M DOB: Based on the above information, a check of the Broward Sheriff's Office Records was completed. The records of this agency reflect the following: NO ARREST RECORD ❑ ARREST RECORD ATTACHED: ® � INCIDENT REPORT SEARCH: ❑ No Record ® Record Attached Please note that due to the limitations of our computerized database, the Broward Sheriffs Office cannot guarantee whether or not additional records may exist. To obtain a statewide background check, contact the Florida Department of Law Enforcement at: Internet: http://www.fdle.state.fl.us/criminalhistory or FDLE - User Services Bureau/Public Records P.O. Box 1489 Tallahassee,FL 32302 Phone: (850) 410-8109 To obtain Clerk of the Court records on dispositions and court information, please contact the Clerk of Court directly at one of the following locations: Internet: http://www.clerk-17th-flcourts.org/bccoc2/pubsearch/public_search.asp Central Courthouse—201 S.E. 6t11 Street, Fort Lauderdale, FL 33301 North Satellite Courthouse— 1600 W. Hillsboro Blvd., Deerfield Beach, FL 33442 South Satellite Courthouse—3550 Hollywood Blvd., Hollywood, FL 33021 West Satellite Courthouse— 100 N. Pine Island Road, Plantation, FL 33317 CHECK COMPLETED BY: CCN: 10143 •Check not valid without signature and CCN. CITY OF DANIA BEACH COMMUNITY DEVELOPMENT OCCUPATIONAL LICENSE DIVISION INTEROFFICE MEMORANDUM TO: Chief Donn Peterson/ Detective Richard Tarrant Broward Sheriffs Office District II THRU: Laurence Leeds (. . Community Development Director FROM: Pansy Warwick (,j Occupational License Coordinator RE: Request Background Check for an Auctioneer's Occupational License— Estate Auction Company—6 S Federal Hwy DATE: June 25, 2007 A request has been made for renewal of an occupational license for an auctioneer's license. Section 21-52 of the Dania Beach Code of ordinances indicates such a license is to be granted or reviewed by the City Commission on an annual basis. The Renewal concerns the license of Jay Kodner for property at 45 S Federal Hwy. The applicant will be given notice that a hearing will be held before the City Commission meeting once the request is completed. Section 21-52 (d) lists the criteria by which the City Commission may refuse or revoke renewal of an auctioneer's license. One of the steps in obtaining renewal is for the Chief of Police to check for any violations as stated in Section 21-52 (d). A copy of the code section is attached. In order to process this request to be heard before the City Commission meeting, the background check for any/stated violations would need to be completed by July 6, 2007. Please contact us should you have any questions. Attachment pw, Page 1 of 1 Warwick, Pansy From: Nasser, Miriam Sent: Thursday, November 30, 2006 9:31 AM To: Warwick, Pansy Subject: Jay Kodner Occupational License Good morning Pansy: Here is the section of the November 14, 2006, Commission Meeting Minutes, relating to Jay Kodner's request for an Occupational License. The Minutes were approved by the City Commission on Tuesday, November 28, 2006. 7.3 Request by Jay Kodner for an Occupational License and Auctioneer's License for property located at 6 S. Federal Highway, Dania Beach, Florida. Mayor Flury asked if the building was complete and if the shutters would be opened. Lauren ce Leeds, Director o Community Development,.f tyadvised the shutters ar e open during the day. He suggested the Commission adopt an ordinance to address shutters. It was the consensus of the Commission to direct the City Attorney to prepare an ordinance concerning the removal of hurricane shutters. Commissioner Bertino motioned to approve the Occupational License and Auctioneer's License request for Jay Kodner,for property located at 6 S. Federal Highway,seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes [rice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes Please let me know if you need anything else. Miriam Nasser Deputy City Clerk City of Dania Beach Telp954-924-3624 11/10/2006 -- F DANIA BEACH Co I eve o " O i CC License Type hen 9 J e 4 tbQ n a l x New License e t'-.�} uP t al Transfer Owner Dab of Ap II 1rC e n s e D ❑ Transfer Location APO ❑ Home occupation Property Polio. —_ ❑ update Info ( e Name Change Please 89 In am areas that apply.(Incomplete applicat IrCbs Lie Fee: 8ushteia In/amatlon . Name of Business: L- 5 1 F htN C► Clu y Buslnsss Address 1 7 1 Business Phone: rsNamN and Addntsee.' �� . �� ♦ , Person Apftiying.feP Wt ms� i; , r - e k � Name �AV_ �IVTu1 Tltts• Date of Birth: (WITHIN COMPANY) Drivers Lie � ,�5.4 {,�''y� NName Pereon applying for License or Corporata Mambars, at any and all arrests other than Trafflo Vlolatione oma ,:;. ,.. . Dib of Arrsal vlotatlon °.. .. city a tSa•.:; ,.. , Natureof,Buslnaaa: ,�• _ `'1 . . t,ra7 tr_lL /�•IC..t IC Iv 1'���2 1��L ��Ct, Restaurant: Service Station: (NUMBER OP SP.Ai9j (NUMBenof PU Manufacturer nuacturer. �_ NameoflnsuranceCo: CLV1��w 7 4ci (NUMBER OPEMPLOYlE9) Phone:7jG -; Sanitation Company: L1 f t 1- y1gq(ti�Y f�v>1L �j Am you the awnaror me 9ullding/pMP#_" Y ® N �'t Phone: If NO,Ilst Hanle.Address and Phone Owner Name: number of owner(or owner$agent) and complete Authorlaatlon Form. Phone; I Owner Address: I erby certi at th above informatlon is complete,true and correct;and further I understand that any mtaatatement of i f ontal In th appllcalton may cause my Ilcenae to he rove ad. 1. �f` SIGNA P APPLI AN 0 The praOA m So$will be Inspected by the City of Dania Beach Commun ty Development Department and the Fire Marshall. I/an vlolatlona exls said violations musthe corrected within IS days orlicenas ma be denied. OFPICa US!ONLY PRIORUS ELECTINSP MECHINSP DATE ZONING DESIGNATION P SPA— DATE DATE I PROPOSED USE k!Cr)INS DATE GR GATE w4 DATE ^j APPROVED BY DATE eirA•Y,n CITY OF DANIA BEACH Community Development Occupational License Division Phone:954 924•3044 Fax 954 922-2687 NOTICE TO ALL BUSINESS OWNERS Pursuant to Florida Statutes Chapter 203 "Local Occupational License Taxes", all business owners are required to provide a federal Identification number or social security number to the local governing authority prior to the renewal or Issuance Of your Occupational License. It Is also requested that you provide your standard Industrial code if avalable. Name of Business: l4ltr'�I l w r D/e/A: Owner: Federal ID 9: Social Security Dept of Revenue Sale s Use Tax 11 SIGNAT eb DA — The Sunshine State — IItDwIW ,�. JAY NOCNM MTLAIRWOODLAN HMLVW000.Rf IM-400 laMIGHWA so AD ~ VA �iwesaarun�..er.. demo owldN aI ulieY m.Y..N wrr.l r.p sYYy r NPe...r r Ccc �- ; r�71 ►'�P� �Y�C�icy Cp1�M7�+�i 1 � , � Se . �!�7�=1�j4\ 4w1 .�Nrj)Al�jeq� oAz b4 ►L �� 1 �j1��1 �4�` 1 I/� �c.I`'f�• I »�Z✓� � 5 �puScz- Occupational � ��-� pational APR 3 8 Zoos �, I�'+ An�P Dept Occupational MAY - 9 2r;;a License Dept Broward Sheriffs Office _ District 2 - Dania Beach Crime Prevention Unit 100 W Dania Beach Blvd Dania Beach, FL 33004 Phone #954.928.2400 Dania Beach Business Watch Membership Application IPLEADS PRINT) Date: A Business Infonrttitlon,> :- e:'��. i+ •" ��F If fi" i 4 Business Name: Business Address: (p City:Dania Beach State: FL 21P: Business Phon al Business Fax: E-Mall Address:Tr ' �04w n ,t` Hours of Operation: Owner!Manager Contact Informatloo -; �:, Name: Addres �/�� Z Home Phons�5"1 — Sp (�(Y% Cellular: ' Emergency Contact Information. . Name Telephone Comments: For information on this and other crime prevention programs, please contact our Crime Prevention Unit at 954.926.2400. Zone 0 I LEAVE TYPE ORPRINT ALL INFORMATION IN SLACK L a�l?LICAMI LAST NAME NA LEAVE 3LANK Y FIRST NAME MIpOIE NAME Koo� i,N FOF PE flEa: d pM(ED AIIASE3 A-� O R EpSON fINGFFPFINTED 1 DArE OF alATH ^=� 3o r_I�1`� LV�L'7 ZENSHII CU kTt �A'��' 7GCF H� '.vJr Hnl ACE OF BIp TN f INOEaPFINfSV1'1 �Z11. N I'• w 6 �+�0 P�H �II� 82 DAso' vO�p NO. �� :t- ... II./�Y/.��L IIE Aocpfss LEAVE3LANK -"� CS IYT1= G� Col ral rvo :� .FJN icy . YNMr(D �T �CCEL` IC�n of _ EOUS NO - . Ai -zl oll _4 ` ' �, Al ` h \ I 1 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT LOCAL BUSINESS TAX RECEIPT DIVISION August 3, 2007 Jay Kodner Estate Auction Company P.O. Box 386 Dania Beach, Florida 33004 Dear Mr. Kodner: The Dania Beach City Commission will conduct a public hearing concerning your application for an auctioneer's license for property at 6 S Federal Hwy, Dania Beach, at their August 14, 2007 City Commission meeting. The hearing will be placed on the agenda for the meeting that begins at 7:00 p.m. The meeting is held in the City Commission Chamber at 100 W. Dania Beach Blvd. You have the right to be represented at the hearing by counsel. Attached for your information is a portion of Chapter 21 of the Dania Code of Ordinances, which concerns auctions and auctioneers. An annual license is required. We have your original application and the renewal notice, as well as your bond. Please be familiar with Section 21-52, which are the criteria by which the City Commission can revoke or refuse an auctioneer's license. Sincerely, �o � uou/:jv.�i,c�r�� Pansy"Warwick Business License Coordinator cc: Ivan Pato, City Manager Laurence Leeds, Director of Community Development -92J-3000 Fax:9i4-922-2687 www.DaniaBeachtl.gov 100 West Dania Beach Boulevard Dania Beach Florida 33004 Phone:954 7a CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commission CC: Ivan Pato, City Manager Patty Varney, Finance Director FROM: Thomas J. Ansbro, City Attorney DATE: August 7, 2007 RE: Request for Extension of Bus Bench Agreement Term by Martin Outdoor Media Attached are copies of correspondence exchanged between the City Manager and Scott Martin, President of Martin Outdoor Media. In exchange for an extension of the agreement terms for a period of three (3) years beginning October 1, 2008, the company will agree to replace all of the concrete and wooden bus benches with new benches made from steel by that date. This is ready for City Commission consideration (if approved, adoption of a Resolution authorizing an amendment to the Agreement to extend the term). TJA:slw Attachment RESOLUTION NO. 2007-139 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE BUS BENCH ADVERTISING CONTRACT EXISTING BETWEEN THE CITY AND MARTIN OUTDOOR MEDIA, INC. TO PROVIDE FOR AN EXTENSION OF THE LENGTH OF THE TERM SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to execute an amendment to that certain Agreement existing between the City and Martin Outdoor Media, Inc., to extend the term subject to certain conditions, all as shown on the attached amendment and incorporated by this reference into this Resolution as Exhibit "A Section 2. That the City Manager and City Attorney are authorized to make minor revisions to the amendment to the Agreement as are deemed necessary and proper for the best interests of the City and as are consistent with the express directions of the City Commission. Section 3. That all resolutions or part of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on . 2007. BOB ANTON MAYOR-COMMISSIONER ATTEST: APPROVED AS TO FORM AND CORRECTNESS LOUISE STILSON, CMC BY: CITY CLERK THOMAS J. ANSBRO CITY ATTORNEY Exhibit "A"—Resolution #2007-139 SECOND AMENDMENT TO BUS BENCH ADVERTISING AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND MARTIN OUTDOOR MEDIA, INC. THIS IS A SECOND AMENDMENT (the "Second Amendment"), made on , 2007 to the November 1, 2002 BUS BENCH ADVERTISING .AGREEMENT (the "Agreement') existing between the CITY OF DANIA BEACH ("City"), a municipal corporation organized and existing under the laws of the State of Florida, and MARTIN OUTDOOR MEDIA, INC., a Florida corporation("Advertiser"). WHEREAS, City and Advertiser entered into the above-referenced Agreement on November 1, 2002, in connection with bus bench advertisements in the City; and WHEREAS,the City is willing to extend the term, subject to certain conditions; NOW, THEREFORE, in consideration of the mutual promises contained in this Amendment and other good and valuable consideration, the receipt and adequacy of which are acknowledged and agreed upon, the parties agree as follows: 1. That the foregoing recitals are true and correct and they are incorporated into this Agreement. 2. That pursuant to paragraph 4 of the Contract, the term of the Agreement is extended for a period of three (3) years, commencing on October 1, 2008 and terminating on September 30, 2011. 3. That in exchange for the extended term, Advertiser agrees that all existing concrete and wood bus benches shall, by October 1, 2008, be replaced and new bus benches, fabricated entirely from steel, shall replace all of them. A copy of a photograph of the approved steel bench is attached and incorporated by this reference. 4. That except as specifically provided in this Second Amendment, all other terms and conditions of the Bus Bench Advertising Agreement as first amended remain in full force and effect. 2 RESOLUTION #2007-139 IN WITNESS OF THE FOREGOING, the parties have signed this Second Amendment effective on the date first written above. CITY: ATTEST: CITY OF DANIA BEACH, a Florida Municipal Corporation LOUISE STILSON, CMC CITY CLERK BOB ANTON, MAYOR APPROVED AS TO FORM AND CORRECTNESS: IVAN PATO, CITY MANAGER THOMAS J. ANSBRO CITY ATTORNEY MARTIN OUTDOOR MEDIA, a Florida Corporation By: Signature Print Title: Print Name: (CORPORATE SEAL) 3 RESOLUTION 42007-139 :,09 7s �a RESOLUTION 2007-140 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, URGING THE GOVERNOR OF THE STATE OF FLORIDA TO CREATE BY EXECUTIVE ORDER A SPECIAL STATEWIDE PANEL OF INTERDISCIPLINARY EXPERTS TO STUDY THE RECENT RISE IN VICIOUS DOG ATTACKS; REQUESTING THAT THIS SPECIAL PANEL EXAMINE THE EXTENT OF THE VICIOUS DOG PROBLEM THROUGHOUT THE STATE OF FLORIDA, AS WELL AS CONSIDER THE CAUSES AND IDENTIFY POTENTIAL SOLUTIONS TO THE RECENT INCREASE IN DOG ATTACKS; SPECIFICALLY URGING THE PANEL OF EXPERTS TO STUDY THE EXTENT TO WHICH DOG OWNERS MAY BE HELD ACCOUNTABLE FOR INJURIES AND DAMAGE CAUSED AS A RESULT OF DOG BITES; URGING THAT THE SPECIAL PANEL BE COMPRISED OF INDIVIDUALS OF VARIOUS RELEVANT BACKGROUNDS AND DISCIPLINES, AND ASKING THAT THE PANEL HOLD PUBLIC HEARINGS TO SOLICIT THE INPUT OF THE GENERAL PUBLIC; REQUESTING THAT THE PANEL MAKE SPECIFIC RECOMMENDATIONS TO THE GOVERNOR, THE LEGISLATURE OF THE STATE OF FLORIDA, COUNTY COMMISSIONS THROUGHOUT THE STATE AS WELL AS CITY COMMISSIONS THROUGHOUT THE STATE IN AN EFFORT TO PROTECT PUBLIC SAFETY WHILE ENSURING THE RIGHTS AND RESPONSIBILITIES OF DOG OWNERS THROUGHOUT THE STATE; OFFERING THE CITY OF DANIA BEACH, FLORIDA AS A TEST VENUE TO INITIATE THE STUDY BY THE STATEWIDE PANEL OF EXPERTS; DIRECTING THAT THIS RESOLUTION BE FORWARDED TO THE GOVERNOR, MEMBERS OF THE FLORIDA LEGISLATURE, THE BROWARD COUNTY LEGISLATIVE DELEGATION, THE BROWARD COUNTY LEAGUE OF CITIES, THE FLORIDA LEAGUE OF CITIES, AND THE BROWARD COUNTY COMMISSION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances of the City of Dania Beach, Florida, provides a rational and prudent mechanism for the regulation of vicious dogs in the City; however, it is a reactionary provision that only allows the City to regulate vicious dogs after a dog has been given such a distinction; and WHEREAS, the National Center for Injury Prevention and Control, a subdivision of the Center for Disease Control, in conjunction with the American Veterinary Medical Association, has issued its Community Approach to Dog Bite Prevention, recognizing and detailing the problem of dog attacks throughout the United States; and WHEREAS,the Center for Disease Control, the American Veterinary Medical Association, and the United States Postal Service designated the third week in May as Dog Bite Prevention Week in an effort to raise awareness of the dangers of dog attacks and to educate Americans about dog bite prevention; and WHEREAS, among its numerous initiatives, the National Center for Injury Prevention and Control, a division of the Center for Disease Control, helped fund the Georgia Department of Public Health's campaign to promote dog bite prevention in a number of Georgia Counties;and WHEREAS, the City Commission is seeking to obtain a better understanding of the issues surrounding vicious and dangerous dogs, and believes that a statewide study will better enable local governments to grasp the complexities surrounding the regulation of such animals; and WHEREAS, the City Commission, in an effort to protect the health, safety, and welfare of the citizens and residents, deems it to be in the best interests of the City to consider a policy regulating vicious dogs within the City's municipal boundaries; and WHEREAS, in an effort to effectuate such a policy, the City Commission deems it to be in the City's best interests to urge the Governor to convene a special statewide panel of interdisciplinary experts to specifically examine the various issues related to vicious and dangerous dogs; and WHEREAS, the City Commission, in an effort to better protect the health, safety and welfare of the citizens and residents of the City, further deems it to be in the City's best interests to offer the City as a test venue, allowing such a special panel to examine the numerous issues related to the regulation of vicious dogs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: 2 RESOLUTION#2007-140 Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and they are made a specific part of this Resolution. Section 2. That the City Commission of the City of Dania Beach urges the Governor of the State of Florida to convene a special statewide panel of interdisciplinary experts to examine the extent of the vicious and dangerous dog problem throughout the State of Florida. The City Commission specifically requests that this special panel examine the causes of these dog attacks and the possibility of holding dog owners liable for injuries caused by their animals, among other things. The City Commission further offers the City as a test venue to allow such a panel of experts the opportunity to initiate an examination into the various issues related to the regulation of vicious dogs. Section 3. The City Clerk is directed to provide a certified copy of this Resolution to the Governor, the members of the Florida Legislature, the Broward Legislative Delegation, the Broward League of Cities, the Florida League of Cities, and the Broward County Commission, Section 4. That all resolutions or parts of resolutions in conflict with this Resolution shall be repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on 2007. ATTEST: BOB ANTON MAYOR—COMMISSIONER LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 3 RESOLUTION #2007-140 CITY OF DANIA BEACH 7 Agenda Item # / • / Agenda Request Item 1W Date of Commission Meeting: 8/14/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: n pp7ePnp Approve purchase of annual Microsoft licenses through the State of Florida contract. Annual renewal of Microsoft Licensing. These licenses cover the operating system, MS Office and all email and network functionality. de..'e:a '�!- �R. . .,eWEtCgittQ�!'Stes City remains fully licensed for all servers, laptops and desktop computer. Div.m d..._ ..fl....-�..' e: ..' .., .i ,. �... .�. , , 't,. ...a •_ , ... �.° _. . a...l Dept: 1704 Information Services Acct#: 001-1704-713.49-30 Amt: $20,460.56 Fund: General: ❑X Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ y 6 t .jt.��,�}��y� {j{{ ` M} M}T1i IN'F'ti. \('�1: tMt1VF .k: ,a. ..a, ,k �•,:• . :' f ..,.11..ti �'.(',.r.$ �'F 3 is Several years ago Microsoft changed its licensing requirements to an annual renewal. We currently purchase these licenses through Software House International which is the only authorized vendor through the State of Florida contract. nti' gg rdttmar�r LHM s This is a budgeted item. State of Florida Contract. Amendment to Contract from Feb 2007, SHI contract information. SHI quote. Resolution. Exhibit 7 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Chuck Cook Date 08/06107 Department Director Patricia Varney Date 08/06/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 08/06107 City Attorney Thomas J. Ansbro Date 08/06/07 City Manager Ivan Pato Date 08/07107 ,e.._ W 's i a �r a arsftrve k� �� �fts t e Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-141 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE MICROSOFT LICENSES FOR CITY COMPUTERS IN AN AMOUNT NOT TO EXCEED $20,461.00, UNDER THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CONTRACT NO. 255-001-01-1, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the city government in amounts in excess of Fifteen Thousand Dollars ($15,000.00) without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission and if such purchases are made pursuant to a competitive bid obtained within the last twelve (12) months by other governmental agencies such as the federal government, state of Florida or a Florida county or municipality; and WHEREAS, the City Manager has determined that it is necessary to renew the Microsoft licenses for City computers in an amount not to exceed $20,461.00; and WHEREAS, the City Manager has determined that such purchase can be made at the least cost to the City by purchasing Microsoft licenses under a State of Florida Department of Management Services Contract, No. 255-001-01-1, a copy of which is attached and made a part of this resolution as Exhibit "A'; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Manager is authorized to purchase Microsoft licenses for City computers under the State of Florida Department of Management Services Contract,No. 255-001- 01-1 in an amount not to exceed $20,461.00. Funding shall be derived from the General Fund. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution shall be repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on August 14, 2007. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2006-111 Governor Charlie Crist Secretary Linda H. South Division of State Purchasing ♦quo ws+�' 4050 Esplanade Way,Suite 360 Tallahassee,Florida 32399-0950 DirAknow,up MNAGEMtN'f SERVICES 850.488-B440:TEL 850-414-6122:FAX http://dms.myflorida.com February 19, 2007 MEMORANDUM NO.: (255-001-01-1)-8 TO: User Agency & Other Eligible Users FROM: Director, State Purchasing SUBJECT: Contract No. 255-001-01-1 Title: Principle Technology: Microsoft Software, Maintenance & Services The single authorized Large Account Reseller, Software House International (SHI), for this contract has been renewed from April 1, 2007 through March 31, 2008 at the same terms, prices, and conditions. Any questions or problems in delivery or service that may arise regarding this contract should be directed to the Contract Administrator. DSP/ T Suite 360 March 24, 2006 •�DDD WEt�• MEMORANDUM NO.: (255-001-01-1)-7 DEPARTMENT OF MANAGEMENT SERVICES TO: User Agency "We serve those who FROM: Director, State Purchasing serve Florida" SUBJECT: Contract No. 255-001-01-1 Title: Principle Technology: Microsoft Software, JEB BUSH Maintenance & Services Governor The single authorized Large Account Reseller, Software House International Tom Lewis,Jr. (SHI), for this contract has been renewed from April 1, 2006 through March Secretary 31, 2007 at the same terms, prices, and conditions. MyFlorida.com Any questions or problems in delivery or service that may arise regarding this contract should be directed to the Contract Administrator. DSP/ Office of the Secretary 4050 Esplanade Way Tallahassee,Florida 32399-0950 Telephone: 850-488-2786 Fax: 850-922-6149 Internet: w .MyFlorida.com Suite 315 August 17, 2005 MEMORANDUM NO.: (255-001-01-1)-6 DFPARTMFNroF MANAGEMENT SERVICES TO: User Agency "We serve those who FROM: Director, State Purchasing serve Florida" SUBJECT: Contract No. 255-001-01-1 Title: Principle Technology: Microsoft Software, JEB BUSH Maintenance & Services Governor The Contract Administrator has been changed from Stu Potlock to Jon Tom Lewis,Jr. Yeaton. Secretary Any questions or problems in delivery or service that may arise regarding MyRonda.com this contract should be directed to the Contract Administrator. 64 "/A- Office of the Secretary 4050 Esplanade Way Tallahassee,Florida 32399-0950 Telephone: 850-488-2786 Fax: 850-922-6149 Internet: www.MyFlorida.com "AyF1on°i-GO11 DEPARTMENT OF MANAGEMENT The Administrative and Operations Arm SERVICES of Florida's Government 0 JEB BUSH,GOVERNOR WILLIAMS.SIMON,SECRETARY Suite 315 March 31, 2004 MEMORANDUM NO.: (255-001-01-1)-5 TO: User Agency FROM: Director, State Purchasing SUBJECT: Contract No. 255-001-01-1 Title: Principle Technology: Microsoft Software, Maintenance & Services The following section has been added to the subject contract: SOFTWARE LICENSES (SOFTWARE HOUSE INTERNATIONAL): EFFECTIVE: April 1, 2004 through March 31, 2006 (New 31 Mar 04) Any questions or problems in delivery or service that may arise regarding this contract should be directed to the Contract Administrator. DSP/ STATE PURCLLASING•4050 ESPL.AN:%DK WAA •TALLAHASSEL:,FLORIDA 32399-0950•7TLEPHONE:850488-8440•HAS:850-414-6122 DEPARTMENT OF MANAGEMENT The Administrative and Operations Arm SERVICES of Florida's Government .o IEB BUSH,GOVERNOR WILLIAM S.SIMON,SECRETARY Suite 315 February 23, 2004 MEMORANDUM NO.: (255-001-01-1)-4 TO: User Agency FROM: Director, State Purchasing SUBJECT: Contract No. 255-001-01-1 Title: Principle Technology: Microsoft Software, Maintenance & Services The following section has been added to the subject contract: ACADEMIC SELECT: EFFECTIVE: February 23, 2004 through February 28, 2007 (New 23 Feb 04) Any questions or problems in delivery or service that may arise regarding this contract should be directed to the Contract Administrator. DSP/ STME PURCHASING 9 4050 ESPLANADE WAY•TALLAHASSEE,FLORIDA 32399-0950•TELEPHONE:850-488-8440 9 FAX:850414-6122 - "rytl'3� DEPARTMENT OF MANAGEMENT The Administrative and Operations Arm 40 of Florida's Government SERVICES Abw 1EB BUSH,GOVERNOR WILLIAM S.SIMON,SECRETARY Suite 315 January 22, 2004 MEMORANDUM NO.: (255-001-01-1)-3 TO: User Agency FROM: Director, State Purchasing SUBJECT: Contract No. 255-001-01-1 Title: Principle Technology: Microsoft Software, Maintenance & Services The subject contract has been renewed from February 8, 2004 through February 7, 2007 The Contract Administrator has been changed from Steve Poole to Stu Potlock. Any questions or problems in delivery or service that may arise regarding this contract should be directed to the Contract Administrator. DSP/ STATE PURCHASING•4050 ESPLANADE.WAv 9 TALLAHASSEE,FLORIDA 32399-0950•TELEPHONE:850A88-8440•FAX:850-414-6122 mrw.-GO"' DEPARTMENT OF MANAGEMENT The Adminiand Operation Arm SERVICES of Florida'sld ' Government JEB BUSH,GOVERNOR WILLIAM S.SIMON,SECRETARY Suite 315 August 11, 2003 MEMORANDUM NO.: (255-001-01-1)-2 TO: User Agency FROM: Director, State Purchasing SUBJECT: Contract No. 255-001-01-1 Title: Principle Technology: Microsoft Software, Maintenance & Services This contract has been revised to add Amendment 1 in support of MyFloridaMarketP lace. The amendment can be viewed below. The contract administrator has been changed from William Spencer to Steve Poole. Any questions or problems in delivery or service that may arise regarding this contract should be directed to Steve Poole at (850)488-4945, Suncom 278-4945, pooles(c,dms.state.fl.us DSP/sp/meb STATE PURCHASING•40501; PLANADF.WA1 •TALLAHASSE-.,FLORIDA 32399-0950.TELEPHONE:850488-8440•FAX:850-414-6122 MyFbida.m'n FLORIDA DEPARTMENT OF MANAGEMENT SERVICES JEB BUSH WILLIAM S. SIMON Governor Secretary State Term Contract No. 255-001-01-1 Amendment No. 1 THIS AMENDMENT, effective as of the last date signed below, is by and between the State of Florida Department of Management Services (the "Department') and the entity identified below as Contractor (the "Contractor") (collectively, the "Parties"), and amends State Term Contract No 255-001-01-1 (the"Contract'). WHEREAS the Department is implementing an electronic procurement system, currently known as MyFloridaMarketPlace, (the "System") with the assistance of a third-party agent,Accenture LLP ("Accenture"); and WHEREAS the Department wishes to include the Contractor and the Contract in the System; and WHEREAS the Contractor desires to participate in the System; and WHEREAS the Contract allows modifications in the event an electronic procurement system is implemented. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Registration. The Department shall allow the Contractor, following effective registration with Accenture, to participate in the System. The Contractor shall register in the System within ten (10) business days of the effective date of this Amendment. Contractor shall visit www.myfloridamarketplace.com and follow the appropriate instruction in order to register. 2. Transaction Fee. Effective April 1, 2003, the Contract provision entitled "SURCHARGE FEE AND SUMMARY OF TOTAL SALES" is deleted and replaced with the following "Transaction Fee" section. This Transaction Fee is in lieu of, and not in addition to, the surcharge fee authorized by section 287.1345, Florida Statutes (2002). Transaction Fee The Department has instituted a statewide eProcurement System ("System"), with the assistance of a third-party agent, Accenture LLP ("Accenture"). All transactions from this Contract shall be STATE PURCHASING•4050 ESPLANADE WAY,SUITE 350,TALLAHASSEE,FLORIDA 32399-0950 Telephone:850-488-8440 9 FInc 850-488-5498 deemed a"transaction processed through the eProcurement System" as that term is used in the contract between the Department and Accenture. Pursuant to section 287.057(23), Florida Statutes(2002), a Transaction Fee of one percent (1.0%) of the total dollar amount of each purchase order shall apply to all purchases from this Contract. The fee shall be paid by the Contractor, and shall not be added to purchase orders as a separate item. Because the Transaction Fee will be used, in part, to compensate Accenture for the development, operation, and maintenance of the System,Accenture is an intended third-party beneficiary of this paragraph imposing the Transaction Fee on transactions from this Contract. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, whether within or without the State accounting system, Accenture shall either(1) establish with the Customer an automated process for billing and collecting the Transaction Fee from payments that are made to the Contractor or(2) rely upon the Contractor to self-report and pay the Transaction Fee pursuant to processes that Accenture may establish. By submission of these reports and corresponding Contractor deposits, Contractor is certifying their correctness. All such reports and fee deposits shall be subject to audit by the State. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of the applicable purchase order or Contract. Contractors shall be responsible for reporting sales and paying user fees resulting from sales made by authorized resellers. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE EXCLUDED FROM BIDDING ON DEPARTMENT CONTRACTS. 3. Electronic Invoicing. Notwithstanding any provision of the Contract, the Contractor shall supply electronic invoices in lieu of paper-based invoices for those transactions processed through the System. Electronic invoices shall be submitted to the Customer through the Ariba Supplier Network(ASN) in one of the following mechanisms—EDI 810, cXML, or web-based invoice entry within the ASN. 4. Catalog Data. Accenture is responsible for converting Contract catalog information into a format supported by the System. To accomplish this conversion, the Contractor shall provide certain information in electronic format directly to Accenture; alternatively,the Contractor may follow the "punchout" solution described in more detail below. Within ten (10) days of written notice from Accenture, Contractor shall provide all information necessary to facilitate electronic purchases from this contract, or shall contact Accenture and begin work on the"punchout" solution described below. Such information may include, but is not limited to, Contractor name, SKU, brand/manufacturer,product name and brief description, unit of measure, and price. Contractor shall provide this information in the format requested by Accenture. No costs or expenses associated with providing this information shall be charged to the Department, Customers, or Accenture. With Contractor's timely assistance, Accenture shall create and maintain web-based placement of the requested contract information. "Punchout"Alternative The Contractor may offer, as an alternative to providing the information discussed above, an online"punchout" solution, in which the Customer accesses the Contractor's website directly from the System, rather than the System maintaining the Contractor's data. This solution must allow the Customer to reach the Contractor's site, browse for contracted items only, and return to the System with a list of items ready to be inserted into a requisition. If Contractor selects this alternative, it must meet the following requirements: • The solution must conform to cXML 1.0 or 1.1 standards. • The solution must conform to the technical specifications and implementation requirements provided by Accenture, and the Contractor must work with Accenture to ensure successful integration of the punchout solution into the System • The solution must have the capability to provide only those products awarded under the contract, and block any non-contract item(s) from being added to the requisition. Warranty For the purposes of this section,the Contractor warrants and represents that it is authorized and empowered to and hereby grants the Department and Accenture the right and license to use, reproduce, transmit, distribute and publicly display within the System the information outlined above. In addition,the Contractor warrants and represents that it is authorized and empowered to and hereby grants the Department and Accenture the right and license to reproduce and display within the System the Contractor's trademarks, system marks, logos, trade dress or other branding designation that identifies the products made available by the Contractor under the Contract. If the Contractor is not the manufacturer, it shall be the Contractor's responsibility to obtain authorization from the manufacturer to comply with the provisions of this section, including securing any intellectual property rights of the manufacturer. If the Contractor is the manufacturer, it shall only authorize dealers, outlets, distributors, value-added resellers, etc. within their network that can comply with the provisions of the Contract. 5. Additional Modifications. The Department reserves the right to further revise the collection and reporting requirements in conjunction with alterations to the System. 6. Conflict. In the event any of the terms herein conflict with the terms of the Contract, the terms of this Amendment shall control. All other terms of the Contract remain in full force and effect. Contractor waives and releases any and all claims for additional compensation arising out of or relating to this Amendment. 7. Warranty of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. SO AGREED: CONTRACTOR Contractor Name Address By: Date Its: STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES By: Date Approved as to form and legality by the Department General Counsel's Office: Date r Suite 315 April 30 2002 FLORIDA MEMORANDUM NO.: (255-001-01-1)-1 DEPARTMENT OF TO: User Agency MANAGEMENT SERVICES FROM: Director, State Purchasing SUBJECT: Contract No. 255-001-01-1 Title: Principle Technology: Microsoft Software, Maintenance & Services JEB BUSH GOVERNOR The following changes have been made to the subject contract: o Software House International has changed the contact person on their CYNTHIAA.HENDERSON Ordering Instructions. SECRETARY o The Contract Administrator has been changed from Vonnie Allen to William Spencer. Any questions or problems in delivery or service that may arise regarding this contract should be directed to William Spencer at (850) 921-6027, Suncom MyFlonda.com 291-6027, spenceb(a-?dms state.fl.us. TM W S/meb STATE PURCHASING 4050 ESPLANADE WAY SUITE 350 TALLAHASSEE,FLORIDA 32399-0950 TELEPHONE: 850-488-8440 FAX: 850-488-5498 INTERNET: W Ww.MYFLORIDA.COM xryfana.`. DEPARTMENT OF MANAGEMENT The Administrative and Operations Arm SERVICES of Florida's Government 44x JEB BUSH,GOVERNOR WILLIAM S.SIMON,SECRETARY Suite 315 CERTIFICATION OF CONTRACT TITLE: Principal Technology: Microsoft Software, Maintenance & Services CONTRACT NO.: 255-001-01-1 CONSULTING: EFFECTIVE: February 8, 2001 through February 7, 2004 RENEWAL: February 8, 2004 through February 7, 2007 (Rev 22 Jan 04) RENEWAL April 1, 2006 through March 31, 2007 (Rev 24 Mar 06) SOFTWARE LICENSES (SOFTWARE HOUSE INTERNATIONAL): EFFECTIVE: April 1, 2004 through March 31, 2006 ACADEMIC SELECT: EFFECTIVE: February 23, 2004 through February 28, 2007 (New 23 Feb 04) SUPERSEDES: New (Consulting Services) 255-001-00-1 (Software) BID NO.: Negotiate (Consulting Services) ITB No. 19-252-001-R (Software) CONTRACTOR(S): Microsoft Corporation (A) (Consulting Services) Software House International (P) (Software) A. AUTHORITY - Upon affirmative action taken by the State of Florida Department of Management Services on January 12, 2001, a contract has been executed between the State of Florida and the designated contractors. STATE PURCHASING•4050 ESPLANADE WAY•TAI.LAHASSEE,FLORIDA 32399-0950•TELP.PHONE:B50488-8440•Fes:850-414-6122 B. EFFECT- This contract was entered into to provide economies in the purchase of Software, Maintenance, and Consulting Services by all State of Florida agencies and institutions. Therefore, in compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be made under the terms,prices, and conditions of this contract and with the suppliers specified. C. ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State and local taxes. All contract purchase orders shall show the State Purchasing contract number, product number, quantity, description of item, with unit prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.) D. CONTRACTOR PERFORMANCE -Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR 7017. Should the vendor fail to correct the problem within a prescribed period of time, then form PUR 7029, Request for Assistance, is to be filed with this office. E. SPECIAL AND GENERAL CONDITIONS - Special and general conditions are enclosed for your information. Any restrictions accepted from the supplier are noted on the ordering instructions. F. CONTRACT APPRAISAL FORM - State Contract Appraisal,form PUR 7073 should be used to provide your input and recommendations for improvements in the contract to State Purchasing for receipt no later than 90 days prior to the expiration date of this contract. Authorized Signature DSP/sp/mej Attachments CONTRACT ADMINISTRATOR FOR ANY QUESTIONS, SUGGESTIONS,OR CONTRACT SUPPLIER PROBLEMS WHICH MAY ARISE SHALL BE BROUGHT TO THE ATTENTION OF: JON YEATON PHONE: (850) 488-1086 SUNCOM 278-1086 E-MAIL: aon.yeaton(a myflorida.com SPECIAL CONDITIONS PURPOSE The purpose of this Invitation to Bid is to establish a 24 month contract for the purchase of Microsoft License and Maintenance by all State of Florida agencies and other eligible users in accordance with Eligible Users paragraph, General Conditions. It is anticipated that the contract will be effective from April 1, 2000 through March 31, 2002. OPTIONAL CONTRACT USAGE In addition to the eligible users referenced above with the consent of the successful Bidder(s) purchases may be made under the terms and conditions of this Invitation to Bid, by government entities located outside the State of Florida. Appropriate governmental entities' purchasing laws,rules and regulations shall apply to purchases made under this contract. ESTIMATED QUANTITIES It is anticipated that the State of Florida agencies, and other eligible users, will expend approximately $8,000,000 per year under any contract resulting from this Bid. These estimated figures are given only as a guideline for preparing your Bid and should not be construed as representing actual figures under the contract. PURCHASES UNDER$2,500 Agencies have the option to purchase from non-contract vendors provided the cost is below $2,500. State agencies are encouraged to use the State Visa Purchasing card for all purchases under$2,500. SPECIAL ACCOMMODATIONS Any person requiring a special accommodation at State Purchasing because of a disability should call State Purchasing at(850)488-8440 at least five (5) workdays prior to the Bid opening. If you are hearing or speech impaired, please contact the Division by using the Florida Relay Service, which can be reached at 1 (800) 955- 8771 (TDD). TECHNICAL SPECIFICATIONS 1. The software specified in this bid will be installed by the end users. 2. All bids must provide a manufacturer's cost plus percentage based on the Microsoft products to a qualified Microsoft Large Account Reseller. 3. The bidder must bid the latest version of all software. 4. Options to purchase Microsoft's official documentation and diskettes must be included In bid; 3-1/2" and CD-ROM disk sets, per product pool (Applications, Systems, Server), as applicable. 5. Products and upgrade advantage to be bid under the MASTER AGREEMENT include all software offered under MICROSOFT CORPORATE SELECT and MICROSOFT EDUCATION SELECT. 6. Competitive upgrade products available to the end users are listed on the Microsoft Select Price List, as referenced on the Manufacturer's Certification. 7. The price list referenced on the Manufacturer's Certification, based on the Microsoft Government Select MVLP-D 50,000 unit level; and Microsoft Education Select MVLP-A designation, will be used for the purpose of this bid and resultant contract. 5 8. Upgrade Advantage - Three (2) year upgrade advantage will be offered for this bid and resultant contract. 9. Options to purchase all Microsoft products under Microsoft Select License and Upgrade Advantage; Microsoft Education Select. 10. Option to purchase both 3-1/2" and CD-ROM must be included. Vendors shall bid Microsoft diskettes. 11. The MASTER AGREEMENT includes all software listed in the referenced Manufacturer's Certification. 12. Product order confirmation, which includes a hard copy document of the number and type of license ordered shall be supplied to the ordering agencies with their invoice. 13. Large Account Reseller must have at least 5 members certified through the Microsoft Certified Professional Program at the level of Certified Systems Engineer+ Internet, Certified Systems Engineer, Certified Database Administrator, Certified Solution Developer, Certified Professional + Site Building, Certified Professional + Internet, Certified Professional, or Certified Trainer currently on their Staff. The Large Account Reseller must also have at least 15 members certified through the Microsoft Sales Certification Training Program to allow for State of Florida Account Coverage, and Microsoft Trained Sales force for selling products. Copies of the Certificates must be included in the bid submittal. Failure to do so will result in bid rejection. 14. Reseller must have at least one Microsoft Sales Certified staff member available Monday through Friday, 8:00 a.m. to 6:00 p.m. EST on weekly except for State of Florida holidays to answers phone calls and questions. 15. All certifications required in this bid must be completed and returned with your bid. Failure to comply with this requirement shall result in disqualification of bid. In the event a bid is submitted by other than the equipment manufacturer, a certification executed by the manufacturer shall be required stating the bidder is an authorized representative of the manufacturer. The manufacturer's certification must be executed by the manufacturer's representative authorized to bind all the manufacturer's branches, dealers/resellers, and/or service establishments. Dealers/resellers are not authorized to sign this certification on behalf of the manufacturer. Failure to submit this certification with your bid shall result in disqualification of the bid. 16. UPGRADE ADVANTAGE Upgrade Advantage, under Microsoft's MASTERS' AGREEMENT includes: Master upgrade to include one master of each version of software for which upgrade advantage maintenance has been purchased. Master Interim Releases and software change notices for software for which upgrade advantage has been purchased. DELIVERY REQUIREMENTS All prices bid shall include delivery to purchaser within 30 days. 6 DELIVERABLES The vendor shall guarantee that the contracting agency will be granted unlimited rights to reproduce, for the agency's use,materials and reports specifically developed for the department's requirements. If the vendor contemplates use of materials that are copyrighted, and charging a licensing fee for the right to reproduce or use such materials,the proposed cost of such a license shall be clearly presented by the vendor. Such information shall also be included in any material presented in response to later specific requests for services. PRICES All current and future Microsoft Software Licenses shall be sold under the MICROSOFT SELECT MASTER AGREEMENT and MICROSOFT EDUCATION SELECT MASTER AGREEMENT, for the term of the contract. Response shall be submitted in the form of %off list for software listed on the designated manufacturer's product/price list. The prices and percentage (%) discount offered with the bid shall be firm against any increase for the entire term of this contract and any renewals thereof. New products may be added if approved by State Purchasing, utilizing the same percentage discount originally bid,based on the manufacturer's price in effect at the time the new product is offered. CONTRACT PRICING On any contract where pricing is based on a Manufacturer's or Dealer's published price list (net or discounted), the price list must be provided by the respondent as part of the package in hard copy, and on a 3.5 inch diskette as a Word or Excel document. Any subsequent revisions shall be submitted in the same format to State Purchasing Contract Administrator, for review and approval prior to implementation. Updates may be submitted by e-mail or diskette. The Contract resulting from this negotiation will become a public document. The State of Florida, State Purchasing is using the Florida Communities Network (FCN) on the Internet World Wide Web (WWW) to distribute State Term Contracts and product information. Each Contract Vendor shall develop and maintain a State Contract Web Page on the Internet WWW to post the State Contract prices. This site must be dedicated to the State of Florida Contract. Access to the site and its information cannot be password protected. The Page must be compatible with the most recent version of browser software being used by State Purchasing. As of the writing of this solicitation, Netscape Navigator 3.0 is the State Purchasing Browser standard. State Purchasing intends to upgrade to a new browser version as it becomes available and fully tested, at its discretion. State Contract Page must be as follows: ➢ Solely for current contract pricing ➢ Additional links or information may be placed on the left edge of the screen to access additional product literature,the vendor's home page, the history of the company, etc. ➢ The center of the screen contains information and pricing that relates to only the terms on the contract being served. ➢ The Universal Resource Locator (URL) for the Internet Page must be supplied to Purchasing prior to the implementation of the contract. Failure to follow the above specifications as required in this section will be grounds for the link being broken from the State Contract and may be grounds for removal from the contract. 7 Due to the short time between award &when the vendor must take ownership of the contract, the State is willing to place the pricing on the State's system until May 1, 2000 provided the vendor supplies the pricing and product list in Word with preset tabs to indicate part number, description, & Florida State Price. Diskette must be formatted as: • "Word for Windows" • Font: Times New Roman 12 • Preset tabs only • Margins: .5 Left and .5 Right, .5 Top and 1.0 Bottom • Portrait only-no landscape • No Tables • No Headers or Footers • No Excel Files QUANTITY DISCOUNTS Bidder is urged to offer additional discounts for one time delivery of large single orders of any assortment of items in the space provided on the price sheets. Such discounts will not be considered in evaluation of bid. SALES PROMOTIONS A contractor,during the term of the contract, may lower prices of products on the contract, for a specified period of time. The contractor shall document sales promotions to and receive approval of the Division of Purchasing, prior to offering sales promotions to contract users. Documentation of sales promotions shall specify starting and ending dates of the promotion, specify list prices and promotional prices, and shall contain a statement that the promotional prices are available to all contract users. Sixty (60) days is established as the minimum period of time for which a sales promotion can be offered. Sale pricing shall be made available on contract items only and promoted to all users of the contract. Evidence of offering of a sales promotion to a contract user prior to the submittal to and approval of the Division of Purchasing shall subject the contractor to removal from the contract. NO SUBSTITUTIONS The types/versions of software specified in the Invitation to Bid are compatible with other systems/software currently installed. Therefore,NO SUBSTITUTES ALLOWED. Compatibility with existing software allows for warehousing of supplies as well as technical and upgrade advantage support peripheral software. AUTHORIZED DEALERS/DISTRIBUTORS AND/OR SERVICE LOCATIONS: On any contract where orders will be directed to Authorized Dealers/Distributors or listing Service Locations, this information shall be provided by the BIDDER as part of the Bid package in hard copy,and on a 3.5 inch diskette in a Word for windows or Excel file. Any subsequent revisions shall be submitted in the same format to the DOP CONTRACT ADMINISTRATOR, for review and approval prior to implementation. Failure to submit the information required in this section will be grounds for disqualification of your Bid and/or removal from any resulting contract. NOTICE TO CONTRACTOR The employment of unauthorized aliens by any contractor is considered a violation of section 247A(e) of the Immigration and Nationalization Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract. 8 PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity,may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in f.s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. SURCHARGE FEE AND SUMMARY OF TOTAL SALES Division of Purchasing hereby imposes a vendor surcharge fee of.5% (1/2 of 1%) on contractors' sales under any contract resulting from this negotiation. The fee will be paid by the contractor and must be included in submitted prices and cannot be added as a separate item. Use of this contract will be optional by State Agencies. If a State Agency elects to purchase from a source other than the resulting State contract, such purchases shall be in accordance with Chapter 287, F.S., and 60A Florida Administrative Code. After receipt of payment from the contract purchases, all vendor surcharge fees shall be payable to the State of Florida no later than 15 days after the end of each quarter. Vendor surcharge fee and contract number should be noted on the check and remitted to: State of Florida Department of Management Services P.O. Box 5438 Tallahassee, FL 32314-5438 Contract supplier shall fumish Division of Purchasing a detailed summary of sales at the end of each quarter. By submission of these Sales Summary reports and corresponding vendor surcharge deposits, the contractor(s) is certifying their correctness. All such reports and fee deposits shall be subject to audit by the State of Florida. Summary information shall be provided each quarter and shall include the following: A. State Contract Number B. Identity of purchaser C. Total sales per quarter and year-to-date Failure to comply with these requirements will result in the contract supplier being found in default, in which case any and all re-procurement costs and all outstanding vendor surcharge fees may be charged against the defaulting contractor and may result in immediate, unilateral cancellation of your contract by Division of Purchasing. RESPONSIBILITIES The successful bidder shall act as "Agent of Record" during the term of the contract and shall maintain and update the licensing records of each eligible agency that purchases from the resultant contract. If an Enrollment Form is required by Microsoft, the bidder will be responsible to contact each agency, upon receipt of that agency's initial purchase order to have the agency complete the form. In turn, the agencies shall designate a liaison to maintain pertinent records and inform the Agent of Record of any changes. WARRANTY Contractor shall warrant software media and documentation against defects in workmanship for one (1)year. 9 YEAR 2000 COMPLIANCE For purposes of this Year 2000 warranty, the term "Product" shall include software, firmware, microcode, hardware and embedded chip technology. Vendor warrants that the Product is Year 2000 Compliant. All versions of the Product offered by the vendor and purchased by the State, for which Vendor is obligated to provide maintenance service are, and in the future, will be, Year 2000 Compliant. Year 2000 Compliant means the Product will include the ability to: consistently handle date information before, during,and after January 1, 2000, including accepting date input, providing date output, and processing dates; function before, during and after January 1, 2000, without the need for program changes caused by the advent of the new century; properly handle all date related information before and following Jan 1, 2001, including but not limited to accurate and reliable performance in processing date and date related data, including calculating, comparing and sequencing; properly process any and all date calculations before, on and after the leap year date of February 29, 2000 and store and provide output of date information in ways that are unambiguous as to century. The duration of this warranty and the remedies available to the State for breach of this warranty shall be as defined in, and subject to, the terms and limitations of any general warranty provisions of this contract,provided that notwithstanding any provision to the contrary in such warranty provision(s), or in the absence of any such warranty provision(s), defects in the Product with regard to Year 2000 Compliance, if any, will be corrected by Vendor at Vendor's cost within a timeframe mutually agreed upon with the State. Vendor cannot be held responsible for errors resulting from devices or systems external to this contract which are permitted to directly access any database provided under this Agreement and overwrite Product date fields or from the users' improper integration of non-Year 2000 Compliant systems. Nothing in this warranty shall be construed to limit any rights or remedies the State may otherwise have under this contract with respect to defects other than Year 2000 performance. REMEDY CLAUSE: In the event of any decrease in product functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating beyond the Millennium Date Change, Licensors and Vendors of Licensors products, agree to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein at no charge to the licensee, and without interruption to the ongoing business of licensee,time being of the essence. RESELLERS: All products bid under this bid/contract will be Year 2000 compliant. Year 2000 Compliant means the Product will include the ability to: consistently handle date information before, during, and after January 1, 2000, including accepting date input, providing date output, and processing dates; function before, during and after January 1, 2000, without the need for program changes caused by the advent of the new century; properly handle all date related information before and following Jan 1, 2001, including but not limited to accurate and reliable performance in processing date and date related data, including calculating, comparing and sequencing; properly process any and all date calculations before, on and after the leap year date of February 29, 2000 and store and provide output of date information in ways that are unambiguous as to century. Resellers may provide a "pass through warranty" from the manufacturer/software developer, which meets all the warranty requirements by the State,and which shall include all other warranties provided by the manufacturer or software developer. Reseller shall be responsible for warranty assurance, assistance, enforcement and any other actions or remediation, required to satisfy warranty requirements. 10 COMPENSATION The contractor must provide all services required to meet the provisions of the contract. In calculating cost, services include, but are not limited to, consultative services, copyright fees, materials and equipment rentals. Travel expense, if authorized under the provisions of this agreement, shall be submitted in accordance with Section 112.061, Florida Statutes. No reimbursement is available to the contractor beyond the amount agreed and provided for in Sections 112.061 and 287.058, F.S. VISA ACCEPTANCE The State of Florida has implemented a purchasing card program, using the Visa platform. Vendors may receive payment from state agencies by the purchasing card in the same manner as other Visa purchases. Visa acceptance is mandatory but is not the exclusive method of payment. Please indicate your ability to accept Visa in the space provided on the Ordering Instruction sheet of the Bid. INSURANCE.WORKERS' COMPENSATION The contractor shall take out and maintain during the life of this agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is sublet, the contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the contractor. Such insurance shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Workmen's Compensation statute, the Contractor shall provide, and cause each sub-contractor to provide, adequate insurance, satisfactory to the Purchaser, for the protection of his employees not otherwise protected. AWARD Award will be made to the responsive responsible bidder offering the highest percentage discount resulting in the lowest net delivered price statewide, to a single Large Account Reseller(USA). The Government Select Agreement price is based on MVLP-D 50,000 unit level. The Education Select Agreement is based on 1000 units. The award will be based on the lowest net delivered cost offered using the following formula: 85% for Government Select Agreement discount plus 10% for Education Select Agreement discount plus 3% for Media discount plus 2% for Documentation discount equals the highest award discount. All other provisions of Awards paragraph, General Conditions, shall prevail. 11 INSERT MICROSOFT MASTER AGREEMENT .PDF 12 INSERT MICROSOFT SELECT AGREEMENT .PDF 13 INSERT MICROSOFT ENTERPRISE AGREEMENT .PDF 14 For Microsoft Internal Use Purposes Master Agreement Number Initial Enrollment Number MICROSOFT EDUCATION SELECT MASTER AGREEMENT This MICROSOFT EDUCATION SELECT MASTER AGREEMENT is entered into between the following companies as of the effective date identified under Microsoft's signature below. MSLI.LLC Company Contracting Microsoft Affiliate Address: Address: 6100 Neil Road Suite 210 Reno, NV 89511-1137 Telephone: Telephone: 775-823-5600 Fax: Fax: 775-826-7287 Email: For the Attention of: For the Attention of: Dept. 551, Volume Licensing This agreement consists of (1) this cover page, (2) Address Information Form, (3) Affiliate Participation Form, (4) Reseller Information Form, (5) the attached terms and conditions, and (6) the Product Lists and the use terns in effect during this agreement. By signing below, you represent that the information that you provide on each of the attached forms is accurate. LICENSE PURCHASE FORECAST. You forecast that during the term of this agreement you and your affiliates will acquire at least 2,000 points in the product pool circled below to qualify for education pricing within that product pool. You do not need to acquire products from all pools. Each product is assigned the number of points specified in the Product List. Minimum Points Application System Pool Server Pool Pool (Circle if (Circle if (Circle if Selected) selected) Selected) EducA 2000 EducA EducA EducA 15 Name of Company (Entity Name): Name of contracting Microsoft affiliate: MSLI,LLC By: By: (signature) (signature) Name: Name: (printed) (printed) Title: Title: (printed) (printed) Date: Effective Date: 16 Address Information Form Any notices must be addressed to the contact and locations outlined below. We will notify you in writing if our address information changes. You must notify us in writing if your address changes. Notices Information Customer Information Microsoft Information Company Name Name and address of contracting Microsoft affiliate MSLI, LLC Street Address and/or Post Office Box 6100 Neil Road Suite 210 City and State /Province Reno,NV Country and Postal Code USA 89511-1137 Contact Name Phone Number Phone Number- 775-823-5600 Fax Number Fax Number- 775-826-7287 Internet Address All NOTICES should have Copy To: Microsoft Corporation Law and Corporate Affairs One Microsoft Way Redmond, Washington USA 98052 Attention: Select Attorne 17 Shipping Information License Confirmations and Select CD-ROMs will be shipped to the following address. If CD-ROM ship address differs from the License Confirmation ship address, please complete the Welcome Kit/CD-ROM shipment address section on the following page. License Confirmation Information Microsoft Contact Information (If differentfirom Notices contact Customer Name Microsoft Account Manager Name Street Address Microsoft Subsidiary Location City and State/Province Microsoft Contact Email Address (if applicable) Country and Postal Code Contact Name Phone Number Fax Number Internet Address Language (If different than language of this agreement) Microsoft will automatically ship ONE SELECT CD-ROM subscription with a Welcome Kit for each pool and language designated in the table below. If your right to purchase licenses under a particular pool has been terminated (for failure to comply with your forecast), Microsoft will discontinue shipment of subscriptions for that pool. Please mark each box with an "X" for the language(s) you wish to have shipped for each of the pools you have chosen on the cover page. If you would like to receive additional shipments of CD-ROM subscriptions you may order them through your Large Account Reseller for a fee. Language Application Pool System Pool Server Pool Arabic Basque Brazilian Catalan Chinese-Simplified Chinese-Traditional Czech Danish Dutch East European English Finnish French French Canadian 18 German Greek Hebrew Hungarian International English Italian Japanese Korean Norwegian Polish Portuguese Russian Spanish Swedish Thai Turkish Welcome Kit/CD-ROM Shipment Contact (if different from License Con irmation contact Company Name Contact Name Street Address Phone Number City and State/Province Fax Number Country and Postal Code Internet Address Existing/Prior Select Master Agreement(s): Please indicate the agreement Agreement no(s). of your prior or existing Microsoft Select Master Agreement(s), if No(s).: any. Please note, your existing agreement(s) will not be automatically terminated. If you wish to terminate an existing agreement, please contact our Microsoft account manager or reseller. 19 Affiliate Participation Form (The following information must be completed by the customer and updated, as necessary, by written notice to the contracting Microsoft affiliate) List the affiliates which will sublicense products from you or another enrolled affiliate under this agreement, rather than executing their own enrollment. The entities must be grouped by country. Attach additional sheet(s) if necessary. Affiliates not listed below will not be licensed under this agreement. Listing an affiliate on this form does not preclude that affiliate from signing its own enrollment. Names of affiliates not becoming enrolled affiliates, but receiving products by sublicensing from you Name of Country 20 Reseller Information Form You must choose a Large Account Reseller authorized in your area. If, at any time during the term of the agreement,you wish to terminate the relationship with your designated Large Account Reseller, or if we discontinue the reseller's status as Large Account Reseller, you must choose a replacement. If you intend to change Large Account Resellers, you must notify us and the old Large Account Reseller in writing of the new Large Account Reseller you have designated. To avoid purchasing delays such a change might entail, you should provide us with 30 days prior written notice. (The following sections should be completed by the Large Account Reseller) Large Account Reseller Headquarter Information Large Account Distributor Information i a licable) Reseller Name Distributor Name Headquarters Street Address and/or Post Office Headquarters Street Address and/or Post Office Box Box City and State/Province City and State/Province Country and Postal Code Country and Postal Code Contact Name Contact Name Phone Number Phone Number Fax Number Fax Number Internet Address Internet Address The undersigned confirms that the Large Account Reseller and Large Account Distributor information is correct. 21 Name of Large Account Reseller: Name of Large Account Distributor (f applicable): By: By: (signature) (signature) Name: Name (printed) (printed) Title: Title: (printed) (printed) Date: Date: 22 MICROSOFT EDUCATION SELECT MASTER AGREEMENT TERMS AND CONDITIONS In this agreement the term "you' means the eligible education customer which has entered into this agreement with Microsoft. The term "we" or "us" refers to the Microsoft company which signed this agreement. The term "eligible education customer" means (a) a bona fide educational institution accredited by federal or state governmental regulatory agencies in the United States; (b) the administrative offices of two or more educational institutions described in clause (a); (c) a system of affiliated educational institutions or a not-for- profit consortium of educational institutions described in clause (a); (d) a hospital that is wholly owned and operated by one or more educational institutions described in clause (a); (e) a public library that provides basic genera) library services without charge; (f) a public museum organized on a permanent basis essentially for educational or aesthetic purposes that utilizes a professional staff and regularly exhibits tangible objects to the public; or (g) a university-controlled public research laboratory recognized by the Department of Education that teaches students as part of its research mission. A complete "Eligible Education Customer" definition is available at http•//www.microsoft.com/education/pricing/elig.htm. Your "affiliates" are eligible education customers that you own, that own you, or that are under common ownership with you. Our "affiliates" are legal entities that we own, that own us, or that are under common ownership with us. The term "ownership" means more than 50% ownership. Your "enrolled affiliates" are your affiliates that reasonably expect to acquire licenses equivalent to at least 500 points and have entered into an enrollment under this agreement. An "enrollment' is the document that an affiliate is required to submit to one of our affiliates before it can order licenses or Upgrade Advantage subscriptions. As we use the term in this agreement to "run" a product means to copy, install, use, access, display, run or otherwise interact with it. When we refer to "license confirmations" we mean the evidence of license or Upgrade Advantage subscription provided by us or our affiliates. 1. Select volume license acquisition. Select is a volume licensing program that allows you and enrolled affiliates to license certain products at a volume price level. Product support is not included in the price for products under Select. 2. Who can order. Starting on the effective date, you may order licenses and Upgrade Advantage subscriptions. Your enrolled affiliates may order licenses and Upgrade Advantage subscriptions once their enrollment has been accepted. With respect to its enrollment, each enrolled affiliate is responsible for complying with the terms and conditions of this agreement to the same extent as you. Orders must be placed with the reseller named on the Reseller Information Form. The named reseller must be authorized to sell Select licenses in the area in which the enrollment is submitted. You are responsible for ensuring that your affiliates comply with the terms and conditions of this agreement. 3. Who can benefit. You and enrolled affiliates can sublicense to affiliates who do not enter into an enrollment but who are identified on an Affiliate Participation Form attached to this agreement or to the relevant enrollment, in order to allow them to share the benefits of this agreement. We will add affiliates to the proper Affiliate Participation Form upon your request. Neither you nor enrolled affiliates may acquire licenses or Upgrade Advantage subscriptions under this agreement for the use or benefit of any person or entity other than you and your affiliates. When licenses are sublicensed, you or the enrolled affiliate retains the licenses but the affiliate to which you sublicense may run the licensed products. You may want to have licenses owned in the name of an affiliate. If so, you must transfer the relevant license confirmation, (or, if you are transferring a portion of the licenses listed on a license confirmation, you must transfer a photocopy of the relevant license confirmation, along with a statement identifying the licenses being transferred). Other transfer restrictions set out in section 12 also apply. 4. Products. You may order licenses for any products included on the Product List in effect at the time of your order, in any pool for which you have made the minimum forecast. You may order standard or 3 upgrade licenses. You may also order Upgrade Advantage subscriptions for certain products. You may order an upgrade license or Upgrade Advantage subscription only if you already have a qualifying license. The Product List provides information on Microsoft products available for licensing under Select, information on point values, product pools, product upgrade or license qualification criteria, Upgrade Advantage subscriptions and additional product information. New versions of the Product List will be made available to you and enrolled affiliates. 5. Orders. A license must be ordered in the month in which the copy of a product is first run from a particular computer or similar device. Your order must specify version number, language and country of usage for each license. Price and payment terms for all licenses and subscriptions ordered are determined by agreement with the chosen reseller. We will issue license confirmations covering all licenses and Upgrade Advantage subscriptions ordered. The license confirmations are your evidence of license. 6. Compliance with forecasts. If your total license acquisitions within a selected pool are less than 500 points after the first six months of this agreement or less than 1,000 points after the first year, you will no longer be able to acquire licenses from that pool under this agreement. 7. Rights during this agreement. During the term of this agreement you have the right to: — Run the products for which you timely order corresponding licenses or Upgrade Advantage subscriptions. — Run any prior version of a copy of a product for which you have received a license confirmation. — Run any other language version of a copy of a product for which you have received a license confirmation. — Run up to 20 copies of any product in a dedicated training facility on your premises (this right extends only to you and enrolled affiliates, not to other affiliates). — Run up to 10 copies of any product for a 60-day evaluation period (this right extends only to you and enrolled affiliates, not to other affiliates). — Make and retain one copy of any licensed product for back-up or archival purposes for each of your distinct geographic locations. — For each copy of Microsoft Encarta Reference Suite, Microsoft Encarta Deluxe, Microsoft Encarta Virtual Globe, any title from the Microsoft Mastering Series, Microsoft Visual Basic (Learning, Professional and Enterprise Editions), Microsoft Visual C++ (Standard, Professional and Enterprise Editions), Microsoft Visual FoxPro, Microsoft Visual J++ (Standard and Professional Editions), Microsoft Visual Studio (Professional and Enterprise Editions) and Microsoft Visual InterDev you license for instructional purposes in connection with a class or other educational program, you may, as an alternative to deploying the product pursuant to the licensing model described in the use terms, either (a) permit an unlimited number of student users at your educational institution to run the product on a single computer or similar device, provided that all such users comply with all other terms of this agreement; or (b)_if you have licensed multiple copies of the product, then, at any time, your students or faculty may run as many copies of the product as you have licensed copies, provided that those users comply with all other terms of this agreement. If the anticipated number of users of the product will exceed the number of copies you have licensed, you must have a reasonable mechanism or process in place to ensure that the number of persons running the product at any given point in time does not exceed the number of copies licensed. 4 — For each copy of Microsoft Office, Microsoft Office Professional, Microsoft Publisher, Microsoft Project and Microsoft FrontPage you license, any user of the computer or similar device on or from which such product is run may also run a second copy, for work-related purposes only, on either a laptop or desktop computer that he or she owns or leases. You must make reasonable efforts to ensure these users delete and remove such copies from the temporary memory (RAM) and permanent memory (e.g. hard disk) of their computers at the end of the term of this agreement. 8. License confirmations. Once you have received a license confirmation, the listed licenses become perpetual, as long as you use the products only as permitted by this agreement and the use terms. An Upgrade Advantage subscription listed in a license confirmation is not perpetual, but rather entitles you to a perpetual right to run one copy of the identified product in the latest version that becomes available at retail during the term of this agreement. 9. Use terms. Your right to run a copy of any version of any product is governed by the use terms applicable to the product and version licensed as of the date you first run that copy. We will either provide you a copy of the use terms in effect, or will make them available to you by publication on the World Wide Web at a site we identify to you or by some other means. You acknowledge that you and your enrolled affiliates have access to the World Wide Web. 10. Making copies. You may make as many copies as are necessary to distribute the products to your users and those of your affiliates. All copies must be true and complete copies (including copyright and trademark notices) and be made from CD-ROMs, disk sets or a network source acquired from or made available by a Microsoft approved fulfillment source. You may also have a third party make and distribute such copies in your place, but you are responsible for their actions to the same extent you would be if they were your employees. You and your affiliates must make reasonable efforts to make employees, agents and other individuals running a product aware that the product is licensed from us and may only be run or transferred subject to the terms of this agreement. 11. Restrictions. Your rights under this agreement are limited as follows: — We do not assign any copyright. Your rights are expressly limited to the rights described in this agreement and in the use terms. — If a product is made up of components, you may not separate the components by running them on different computers, by upgrading or downgrading them at different times or by transferring them separately, except as otherwise provided in the use terms. — You may not rent, lease or lend any copy of the product. — You may not reverse engineer, decompile or disassemble the product, except to the extent expressly permitted by applicable law despite this limitation. — You may not export products (including software, documentation and technical detail and any software which you develop using products) in contravention of United States export restrictions, which apply to all Microsoft products. Export restrictions prohibit exporting or transmitting products to certain countries (currently including, but not limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) without consent from the appropriate US government agency. They also prohibit using or making the products available to others for use in the design, development or production of nuclear, chemical or biological weapons. For an up-to-date export classification of Microsoft products, please visit hqp://www.microsoft.com/exportiniz/. In addition, certain products containing encryption technology are 5 available in two versions, one for US and Canada and the other for all other countries. These products are identified on the Product List. Depending on the foreign recipient and planned use, the export of the US/Canada versions may require an export license from the appropriate US government agency. More information can be found on the World Wide Web at http://www.microsoft.com/exporting/. You represent that neither you nor any of your affiliates signing an enrollment or named on any Affiliate Participation Form has had export privileges suspended, revoked or denied by a US government agency. — Products licensed to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 are licensed with the rights and restrictions described in this agreement. Products licensed to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 are licensed with 'Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. You are responsible for ensuring that copies are marked with the 'Restricted Rights Notice" or 'Restricted Rights Legend," as required. We reserve all rights not expressly granted to you. — Products licensed under this agreement may be used only by and for the benefit of an eligible education customer. Client Access Licenses you acquire solely to enable your matriculated students to access your servers are, for purposes of this restriction, deemed to be "used by and for the benefit of an eligible education customer". Licenses obtained under this agreement may not be transferred, sublicensed, rented, leased or loaned to any person or entity that is not an eligible education customer. 12. Transfers. You may transfer licenses to an unaffiliated eligible education customer in connection with a merger, consolidation or divestiture. For all other transfers of licenses, our written consent is required. Upgrade licenses may be transferred only if you also transfer the qualifying license. You must transfer the relevant license confirmations or, if transferring a portion of the licenses, you must provide a photocopy of the relevant license confirmations, along with a statement identifying the licenses being transferred. In addition, you must secure from the entity to which you are transferring the acceptance of the use terms and the provisions of sections I above and 14 below (restrictions and limitations of liability), and the acknowledgment of the fact that products transferred pursuant to this section 12 are transferred "as is", without warranty of any kind. You may transfer a license for an operating system product only as part of the sale or transfer of the computer system on which the product was first installed. You may not transfer Upgrade Advantage subscription rights to, or use such rights for the benefit of, a third party other than an affiliate. Licenses cannot be transferred on a short-term basis. 6 13. Warranties and other obligations of Microsoft. a. Limited product warranty. We warrant that each product will perform substantially in accordance a with its Microsoft-published user documentation. This warranty is valid for a period of 90 days from the date you first order (or should have ordered) a license for the version of the product. For products run pursuant to an Upgrade Advantage subscription, the warranty is valid for a period of 90 days from the date you first run the version of the product from any computer or similar device. Any warranties imposed by law concerning the products are limited to the same 90 day period. The warranty is not applicable if failure of the product has resulted from accident, abuse or misapplication. If you notify us within the warranty period that a product does not meet this warranty, then we will, at our option, either (i) return the price paid or (ii) repair or replace the product. This is your exclusive remedy for breach of this warranty. b. Year 2000 warranty. For purposes of this section, "Year 2000 Warranted Product' means the specific version of each product identified in the Product Guide on the effective date, by version number and language, as "compliant' or "compliant with minor issues", and "Product Guide" means the Microsoft Year 2000 Product Guide located on the Microsoft Year 2000 Resource Center web page (http://microsoft.com/year2000/). We warrant that each Year 2000 Warranted Product, when run with accurate date data and in accordance with its documentation and the recommendations and exceptions set forth in the Product Guide, will recognize the year 2000 as a leap year and will not produce material errors processing date data in connection with the year change from 1999 to 2000, as long as, and only to the extent that, all other information technology used in combination with such Year 2000 Warranted Product (e.g., software, firmware, hardware) properly exchanges date data with it. This warranty does not extend or apply to user customizable features or third-party add-on features or products, including items such as macros and custom programming or formatting features. If you report to us on or before June 1, 2000 that a product does not meet this warranty, we will: (i) exercise commercially reasonable efforts to correct any material non- compliance which is generally reported by other users; and (ii) provide any resulting correction to you, without charge, when it is made available generally. This is your exclusive remedy for breach of this warranty. C. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES ALL WARRANTIES OTHER THAN THOSE IDENTIFIED EXPRESSLY IN THIS SECTION 13, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PRODUCTS AND RELATED MATERIALS. 14. Limitation of liability. a. Limitation. There may be situations in which you have a right to claim damages from us. Whatever the basis for your claim (such as breach of contract or tort), our liability will be limited to direct damages up to the amount you have paid under this agreement with respect to the product giving rise to your claim. b. No liability for consequential damages. To the maximum extent permitted by applicable law, in no event will we or any of our affiliates or suppliers be liable for any indirect damages (including, without limitation, consequential damages, damages for loss of profits or revenues, business interruption, loss of business information, or other loss) arising in connection with this agreement, any enrollment or product, even if advised of the possibility of such damages. 15. Verifying compliance. You must keep records relating to the products you and your affiliates run. These records must be sufficient to allow us to verify compliance with your obligations under this agreement and must include information relating to licenses you have sublicensed to affiliates. We have the right to 7 verify your compliance, at our expense, during the term of this agreement and for a period of one year thereafter. To do so, we will engage an independent accountant from a nationally recognized public accounting firm. Verification will take place upon not less than three business days' notice, during normal business hours and in a manner that does not interfere unreasonably with your operations. As an alternative, we may require you to accurately complete a self-audit questionaire on behalf of yourself and/or your affiliates in a form we provide. If verification or self-audit reveals unlicensed use of products, you must promptly order sufficient licenses to permit all software usage disclosed. If material unlicensed use is found (license shortage of 5% or more), you must reimburse us for the costs we have incurred in verification and must acquire the necessary additional licenses as single retail licenses. If we undertake such verification and do not find material unlicensed use of products, we will not undertake another verification for at least one year. We will use any information obtained in connection with compliance verification only to enforce our rights and to determine whether you are properly licensed for the products you are running and are in compliance with the terms of this agreement. 16. Term and termination. This agreement will remain in effect for 24 full calendar months following the effective date, unless terminated by either party for cause. Either party may also terminate an enrollment for cause. Except where the cause for termination is by its nature not curable (or not curable within 30 days), the terminating party will give 30 days notice and opportunity to cure. If we give such notice to an enrolled affiliate, we will give you a copy of that notice as well. If an enrolled affiliate ceases to be your affiliate, its enrollment will terminate automatically. Unless terminated for cause, an enrollment will expire or terminate upon the expiration or termination of this agreement. Upon expiration or termination of this agreement or any enrollment, you or the enrolled affiliate must promptly order licenses for all copies of products you have run for which you have not yet submitted orders. Upon termination, any deferred Upgrade Advantage subscription fees become immediately due and payable. Termination of this agreement will not affect your rights to run copies of products for which you have already ordered licenses. 17. Miscellaneous. a. Entire agreement. The documents identified on the cover page constitute our entire agreement concerning the subject matter hereof, and supercede any other prior and contemporaneous communications. The terms of this agreement control over any provisions in your purchase order or any general terms and conditions maintained by us, you or your enrolled affiliates. To the extent there is any inconsistency between the terms contained in this agreement and the terms contained in the Product List or the use terms,the terms of this agreement shall control. This agreement (except the use terms and the Product List) can be changed only by an amendment signed by both parties. b. Notices. All notices, authorizations, and requests in connection with this agreement shall be sent by post, express courier, facsimile, or email, in each case with confirmation of delivery, to the addresses and numbers shown on the Address Information Form. Notices shall be deemed delivered on the date shown on the postal return receipt or on the courier, facsimile or email confirmation of delivery. C. Assignment. You may not assign or transfer this agreement or your rights or obligations under it, whether by contract or by operation of law, without our prior written consent. We may transfer our rights and obligations hereunder without your consent, but only to one of our affiliates. Any prohibited assignment is void. d. Applicable law. This agreement is subject to the laws of the State of Washington, U.S.A. and the federal laws of the United States. 8 e. Survival. Licenses identified in license confirmations and provisions of this agreement regarding warranties, limitations of liability, compliance verification and obligations on termination or expiration will survive termination or expiration of this agreement. f. Confidentiality. The terms and conditions of this agreement are confidential. Neither you nor we will disclose such terns and conditions, or the substance of any discussions that led to them, to any third party other than your or our affiliates or agents, or to your designated or prospective resellers who: (a) have a need to know such information in order to assist in carrying out this agreement; and (b) have been instructed by you or us that all such information is to be handled in strict confidence. g. Large Account Resellers. Resellers are independent contractors who act in their own name and for their own account; and have no authority to bind or impose any obligation or liability whatsoever upon us. 9 For Microsoft Internal Purposes Master Agreement Number AMENDMENT TO MICROSOFT EDUCATION SELECT MASTER AGREEMENT This amends the Microsoft Education Select Master Agreement between ) and MSLI, LLC. All terms used but not defined in this amendment will have the meanings assigned to such terms in the Education Agreement, as amended. I. Amendment. 1. Section 13b of the Terms and Conditions, Year 2000 warranty, is deleted and restated to read in its entirety as follows: Year 2000 Compliance Warranty. For purposes of this Year 2000 warranty,the team "Product shall include software, firmware, microcode, hardware and embedded chip technology. Vendor warrants that the Product is Year 2000 Compliant. All versions of the Product offered by the vendor and purchased by the State, for which Vendor is obligated to provide maintenance service are, and in the future, will be, Year 2000 Compliant. Year 2000 Compliant means the Product will include the ability to: consistently handle date information before, during, and after January 1, 2000, including accepting date input providing date output, and processing dates; function before, during and after January 1, 2000, without the need for program changes caused by the advent of the new century; properly handle all date related information before and following Jan 1, 2001, including but not limited to accurate and reliable performance in processing date and date related data, including calculating, comparing and sequencing; properly process any and all date calculations before, on and after the leap year date of February 29, 2000 and store and provide output of date information in ways that are unambiguous as to century. The duration of this warranty and the remedies available to the State for breach of this warranty shall be as defined in, and subject to, the terms and limitations of any general warranty provisions of this contract, provided that notwithstanding any provision tot he contrary in such warranty provision(s), or in the absence of any such warranty provision(s), defects in the Product with regard to Year 2000 Compliance, if any, will be corrected by Vendor at Vendor's cost within a timeframe mutually agreed upon with the State. Vendor cannot be held responsible for errors resulting from devices or systems external to this contract which are permitted to directly access any database provided under this Agreement and overwrite Product date fields or from the users improper integration of non-Year 2000 Compliant systems. Nothing in this warranty shall be construed to limit any rights or remedies the State may otherwise have under this contract with respect to defects other than Year 2000 performance. 10 Year 2000 Compliance (Software) The licensor represents and warrants that the software, which is licensed to licensee hereunder, is designed to be used prior to, during, and after the calendar year 2000 AD, and that the software will operate during each such time period without error relating to date data, specifically including any error relating to, or the product of, date data which represents or references different centuries or more than one century. Without limiting the generality of the foregoing, Licensor further represents and warrants (1) that the software will not abnormally end or provide invalid or incorrect results as a result of date data, specifically including date data which represents of references different centuries or more than one century; (2) that the software has been designed to ensure year 2000 compatibility, including, but not limited to, date data century recognition, calculations which accommodate same century and multi-century formulas and date values, and date data interface values that reflect the century; (3) that the software included "year 2000 capabilities", which means the software (a) will manage and manipulate data involving dates, including single century formulas and multi-century formulas, and will not cause an abnormally ending scenario within the application or generate incorrect values or invalid results involving such dates; and (b) provides that all date-related user interface functionalities and data fields include the indication of century; and (c) provided that all date-related data interface functionalities include the indication of century. Year 2000 Remedy Clause In the event of any decrease in product functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating beyond the Millennium Date Change, Licensors and Vendors of Licensors products, agree to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein at no charge to the licensee, and without interruption to the ongoing business of licensee,time being of the essence. 2. Section 17d of the Terms and Conditions, Applicable Law, is hereby amended and restated to read in its entirety as follows: Applicable law. This agreement is subject to the laws of the State of Florida, U.S.A. and the federal laws of the United States. 3. A new Section 18, Limitation of Remedies, is added to the Terms and Conditions and reads as follows: Limitations of Remedies Contractor's entire liability and the State's exclusive remedy shall be as follows: In all situations involving performance or non-performance of machines or programming (other than licensed programs) furnished under this Agreement,the State's remedy is (a)the adjustment or repair of the machine or replacement of its parts by Contractor, or at Contractor's option, replacement of the machine or correction of programming errors, or(b) if, after repeated efforts, Contractor is unable to install the machine or a replacement machine, model upgrade or feature in good working order, or to restore it to good working order, or to make programming operate, all as warranted,the State shall be entitled to recover actual damages to the limits set forth in this Special Condition. For any other claim concerning performance or non-performance by Contractor pursuant to, or in any other way related to the subject matter of, this Agreement or any order under this Agreement,the State shall be entitled to recover actual damages to the limits set forth in this Special Condition. 11 If this contract is for purchase of machines, then the following shall apply. Contractor's entire liability for damages to the State for any cause whatsoever, and regardless of form of action, whether in contract or in tort including negligence, shall be limited to the greater of$100,000 or the appropriate price stated herein for the specific machines that caused the damages or that are the subject matter of or are directly related to the cause of action. The foregoing limitation of liability will not apply to (a)the payment of cost and damage awards referred to in the General Condition 14 entitled "Patents and Royalties", or to (b) claims for reprocurement costs or the cost of cover pursuant to State Purchasing Rule 60A-1.006(4) entitled "Default", or to (c) claims for personal injury or damage to real or tangible personal property caused by Contractor's negligence or tortious conduct. If this contract is for the purchase of hardware maintenance services, then the following shall apply: Contractor's entire liability and the State's exclusive remedy for damages to the State for any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to actual damages up to the greater of$100,000 or an amount equal to 12 months maintenance charges for the specific machines under this Agreement that caused the damages or that are the subject matter of, or are directly related to, the cause of action. Such maintenance charges will be those in effect for the specific machines when the cause of action arose. The foregoing limitation of liability will not apply to (a) the payment of cost and damage awards referred to in General Condition 14 entitled "Patents and Royalties" or to (b) claims for reprocurement costs or costs to cover pursuant to State Purchasing Rule 60A-1.006(4) entitled "Default", or to (c) claims by the State for personal injury or damage to real property or tangible personal property caused by the Contractor's negligence or tortuous conduct. If this contract is for purchase of software maintenance services, then the following shall apply: Contractor's entire liability and the State's exclusive remedy for damages to the State for any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to actual damages up to the greater of $100,000 or an amount equal to 12 months maintenance charges for the specific software product under this Agreement that caused the damages or that are the subject matter of, or are directly related to, the cause of action. Such maintenance charges will be those in effect for the specific software product when the cause of action arose. The foregoing limitation of liability will not apply to (a)the payment of cost and damage awards referred to in General Condition 14 entitled "Patents and Royalties", or to (b) claims for reprocurement costs or the cost of cover pursuant to State Purchasing Rule 60A-1.006(4) entitled "Default", or to (c) claims by the State for personal injury or damage to real property or tangible personal property caused by Contractor's negligence or tortuous conduct. If this contract is for services other than hardware or software maintenance, then the following shall apply: Contractor's entire liability and the state's exclusive remedy for damages to the state for any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to actual damages up to the greater of$100,00 or an amount equal to the charges invoiced for the services which are the subject matter of, or are directly related to, the cause of action. The foregoing limitation of liability will not apply to (a) the payment of cost and damage awards referred to in "Patents and Royalties" or to (b) claims for reprocurement costs or costs to cover pursuant to State Purchasing Rule 60A-1.006(4) entitled "Default", or to (c) claims by the Department for personal injury or damage to real property or tangible personal property caused by the Contractor's negligence or tortuous conduct If this contract is for the acquisition of licensed programs, including personal computer licensed programs, then the following shall apply: Contractor's entire liability and the State's exclusive remedy shall be as follows: In all situations involving performance or non-performance of licensed programs furnished under this Agreement, the State's remedy is (1) the correction by the Contractor of licensed 12 program defects, or (2) if, after repeated efforts, the Contractor is unable to make the licensed program operate as warranted, the State shall be entitled to recover actual damages to the limits set forth in this section. For any other claim concerning performance or non-performance by the Contractor pursuant to, or in any way related to, the subject matter of this Agreement the State shall be entitled to recover actual damages to the limits set forth in this section. Contractor's liability for damages to the State for any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to the greater of$100,000 or the one time charges paid for, or any monthly license or initial license charges which would be due for 12 months use of the licensed program that caused the damages or that is the subject matter of, or is directly related to, the cause of action and shall include any initial or process charges paid to the Contractor. This limitation of liability will not apply to (a) the payment of cost and damage awards referred to in General Condition 14 entitled "Patents and Royalties" or to (b) claims for reprocurement costs or the cost of cover pursuant to State Purchasing Rule 60A-1.006(4) entitled "Default", or to (c) claims for personal injury or damage to real or tangible personal property caused by the Contractor's negligence or tortuous conduct. Contractor shall hold and save the State harmless for any and all suits and judgments against the State for personal injury or damage to real or tangible personal property caused by Contractor's tortuous conduct in the performance of this Agreement provided that, (a) the State promptly notifies Contractor in writing of any claim, and (b) Contractor shall be given the opportunity, at its option, to participate and associate with the State in the control, defense and trial of any claims and any related settlement negotiations and, provided further, that with respect to any claim, or portion thereof, for which Contractor agrees at the initiation of such claim that Contractor shall save and hold the State harmless, Contractor shall have the sole control of the defense, trial and any related settlement negotiations, and (c)the State fully cooperates with Contractor in the defense of any claim. In no event, however, will Contractor be liable for (a) any damages caused by the State's failure to perform the State's responsibilities, or for (b) any lost profits or other consequential damages, even if Contractor has been advised of the possibility of such damages, or for (c) any claim against the State by any other party, except as provided in the hold harmless provision of the preceding paragraph of this Special Condition and except as provided in the General Condition entitled "Patents and Royalties", or for (d) any damages caused by performance or non-performance of machines or programming located outside the United States or Puerto Rico. 13 II. Effect of Amendment. You and us agree, on behalf of ourselves and our respective affiliates, that the terms and conditions of this Amendment are confidential. Each agrees that it will not disclose such terms and conditions to any third party other than its affiliates, agents, designated or prospective Reseller and distributors of such Resellers (if any). Except as specifically amended by this Amendment, all provisions of the School Agreement shall remain unchanged and in full force and effect. This Amendment is not legally binding until executed by us and shall become effective on that date. When this Amendment is fully executed, you will receive a confirming copy. You shall execute and return two (2) copies of this Amendment to the below address in order for the terms and conditions of this Amendment to apply. 14 MSLI, LLC Attn: Dept. 551, Volume Licensing 6100 Neil Road Suite 210 Reno,NV 8951 1-1 1 32 Name of University (Entity Name): Name of contracting Microsoft affiliate: MSLI, LLC By: By: (signature) (signature) Name: Name: (printed) (printed) Title: Title: (printed) (printed) Date: Date: Prepared By: Kaylee Deegan 15 For Microsoft Internal Purposes Microsoft will provide: School Agreement Number MICROSOFT SCHOOL AGREEMENT OVERVIEW. In this agreement the term "you" means the school or entity that submits this agreement to "us". The term "we" or "us" refers to the Microsoft company that accepts this agreement and each of our affiliates. Your "Users" shall mean you and those teachers, staff, administrators and students designated by you to run the Software (as defined below). To "run' a product means to copy, install, use, access, display, run or otherwise interact with it. An "eligible" PC means all of the Pentium, PowerMac, iMac or equivalent PCs in your school, plus any additional PCs on which you choose to run the Software The School Agreement program gives your Users the right during this agreement to run a platform of "Software" (Microsoft Windows or Windows NT Workstation Upgrades; Microsoft Office Standard or Office Professional; Microsoft Works Standard; Microsoft Encarta Reference Suite and Encarta Online; Microsoft Visual Studio Professional Edition; Microsoft BackOffice Client Access License; and MS Press Office Starts Here Step-by-Step Interactive and the add-on products, if any, you have chosen on the attached Order Form) on all the eligible PCs you own or lease in your primary or secondary school. You have the option during the term of this agreement to run the most current version, or any previous version of the Software, in any available language in either Macintosh or Windows versions. All the teachers, staff and administrators in your school, up to your number of eligible PCs, have the right during the license period to run one copy of the Software, for school-related activities only, on either a laptop or desktop PC that they own or lease. To qualify for the School Agreement program, you must count all the eligible PCs in your school and identify the total on the attached Order Form. Additionally, you must fill out the attached Address Information Form and Order Form and sign where indicated below. You must then submit these documents with your purchase order number to your Reseller, keeping a copy of this agreement for your records. We will process your agreement and upon our acceptance, we will send you an Acceptance Letter with an agreement number, confirmation of the number of eligible PCs you have identified, and the license period of this agreement. After we accept the agreement, your Reseller will receive an invoice and you will pay your Reseller the amount they invoice you. right to run the Software begins as soon as you receive our Acceptance Letter and lasts for twelve (12) Your n g y p g full calendar months. Upon receiving the Acceptance Letter, you may order media from your Reseller for the Software, and you may make copies or have copies made of the Software as needed for all your eligible PCs. Prior to the end of the term of the agreement, we will send you a letter inviting you to renew your School Agreement. If you do not choose to renew, you will have the option of either; i) deleting all the Software licensed under this agreement; or ii) purchasing perpetual licenses pursuant to the "buyout' option set forth in the Terms and Conditions or otherwise. 16 This agreement consists of(1) this cover page, (2) Address Information Form, (3) Order Form, (4) Reseller Information Form, (5) Participation Form (6) Terms and Conditions, and (7) the License Agreement in effect during this agreement. We will either provide you a copy of the License Agreement in effect or you may view a copy at www.microsoft.com/education/pricing/schoolagree. As evidenced by your signature below i) you represent that the information on the attached forms is accurate, and ii) you acknowledge and agree that you have read and understood the terms and conditions of the documents identified above, all of which are incorporated herein by this reference, and agree to be bound by the same. Your Name (School or Purchasing Entity): By: (signature) Name: (printed) Title: (printed) Date: 17 All notices in connection with this agreement must be addressed to the contacts and locations outlined below. We will notify you in writing if our address information changes. You must notify us in writing if your address changes. Notices Information Customer Information Microsoft Information Your Name (School or Purchasing Entity) Name and address of contracting Microsoft affiliate MSLI, LLC Street Address and/or post office box 6100 Neil Road Suite 210 City and State / Province Reno,NV 89511-1137 Country and Postal Code USA Contact Name and Title Phone Number Phone Number: 775-823-5600 Fax Number Fax Number: 775-826-7287 Email Address All NOTICES should have Copy To: Microsoft Corporation Law and Corporate Affairs One Microsoft Way Redmond, WA 98052 Attn: Education Attorney I. General Customer Information Your Name (School or Purchasing Entity) Your Purchase Order Number (Must be provided before Agreement will be processed) II. Definition of Users Your Users may consist of all teachers, staff, administrators or students who have access to all the eligible PCs in one school (primary or secondary) or all the eligible PCs in a school grouping; i.e. school district, regional purchasing center, or other government agency. 18 Please check one of the applicable boxes below; The entire school Or School grouping: The aggregated purchases of more than one school or district. (Please note a participation form must be filled out for each participating school/district in a scho� grouping) III. School Software Products The School Agreement grants your Users the right, from the date of acceptance of the Acceptance Letter until termination or expiration, to run copies of any version of Microsoft Windows or Windows NT Workstation Upgrades; Microsoft Office Standard or Office Professional; Microsoft Works Standard; Microsoft Encarta Reference Suite and Encarta Online; Microsoft Visual Studio Professional Edition; Microsoft BackOffice Client Access License; and MS Press Office Starts Here Step-by-Step Interactive, as well as any of the below add-on products selected at submission of the School Agreement. Please check the add-on product(s) in the box below you wish to use during the term of this agreement(in addition to the products listed above) for the total number of eligible PC's entered in Part IV-3 below. Front Page Project MS Press Windows Starts Here MS Press Windows NTW Starts Here MS Press Web Authoring Starts Here IV. Eligible PC Calculation You must count all of the PCs in line 1 below for your entire School or School Grouping, as appropriate. For line 2 you need only count those PCs that you choose to run the School Agreement Software on. I Number of Pentium(or equivalent),PowerMac, iMac or better (100%counted) 2 Number of 286, 386, 486, other Apple, Unix or devices that you will run the Software on 3 Total Eligible PC's 3=1+2 19 You must choose a Large Account Reseller/Authorized Education Reseller ("Reseller") in your area. If, at any time during the term of the agreement, you wish to terminate the relationship with your designated Reseller, or if we discontinue the reseller's status as a Reseller, you must choose a replacement. If you intend to change your Reseller, you must notify us and the current Reseller in writing of the new Reseller you have designated. To avoid purchasing delays when changing Resellers,you should provide us with 30 days prior written notice. The following sections should be completed by the Reseller I. General information: Reseller Headquarter Information and Distributor Information (if applicable) Reseller Name Distributor Name Headquarters Street Address and/or post Headquarters Street Address and/or post office office box box City and State / Province City and State/ Province Country and Postal Code Country and Postal Code Contact Name and Title Contact Name and Title Phone Number Phone Number Fax Number Fax Number Email Address Email Address Indirect Partner Purchase Order Number II. Billing information for School Agreement: a) MS Direct partner purchase order number: b) MS Direct Partner Billing Customer Number: c) Part number and price information: Insert the Microsoft part number and price information to be billed for the TOTAL number of eligible PC's entered in Part IV-3 of the Order Form. 20 (NOTE. The part number and price level information required below is provided to the Direct Partner on the School VI.0 Price List. Microsoft Part Number Price Level License Offering Number of eligible PCs (from Part IV-3 of the Order Form Total Note: Billing currency is the currency in which the reference price is expressed. 21 The above price level will be extended to Reseller for the term of the School Agreement between the contracting Microsoft affiliate and the Customer. The Reseller's signature below acknowledges that the above price level has been reviewed and agreed to by Reseller, subject to the terms and conditions of its agreement with the contracting Microsoft affiliate. The undersigned confirms that the Reseller and Distributor information is correct. Name of Reseller: Name of Distributor(if applicable): By: By: (signature) (signature) Name: Name (printed) (printed) Title: Title: ---7] (printed) (printed) Date: Date: 22 Each participating School or District must complete this Participation Form ONLY if you chose the"school grouping" box in Part II of the Order Form. 1. Customer Information: Name of Participating School or District Name of purchasing entity aggregating purchases for you under this School Agreement II. Eligible PC Count: 1 Number of Pentium(or equivalent),Power Mac, iMAC or better (100%counted) 2 Number of 286, 386, 486, other Apple, Unix or devices that you will run the Software on 3 Total Eligible PC's 3=1+2 As evidenced by your signature below you acknowledge and agree that you have read and understood the School Agreement terms and conditions and the License Agreement and agree to be bound by the same. Name of Participating School or District: By: (signature) Name: (printed) Title: (printed) Date: 23 1. License Grant. We grant you the right to run the Software during the term of this agreement and to extend these same rights to your Users. All such use shall be pursuant to the terms and conditions set forth herein and in the License Agreement located at www.microsoft.com/education/pricing/schoolagree. A copy of the License Agreement will be provided to you at your request. In order to run the most current version of a Microsoft operating system (Windows or Windows NT Workstation) you must have a valid license for an operating system on each PC on which the Software is run. 2. Ordering Software. The submission of this agreement to a reseller that we have authorized to distribute licenses under this agreement in your region (a "Reseller")together with your purchase order number for the Software will serve as your offer to purchase temporary licenses to the Software by you and your Users. Upon our acceptance of your properly completed agreement, we will process your agreement and send you an Acceptance Letter authorizing your right to run the Software in accordance with this agreement. Your Reseller will receive an invoice for the licenses you have ordered and your Reseller will invoice you for those same licenses. You must pay your designated Reseller all amounts properly invoiced with respect to the licenses as and when required by the terms of your agreement with your Reseller. In the event that you enter into a new School Agreement with us immediately following the expiration of this agreement, we will not increase the license prices we charge your Reseller for new licenses under your new School Agreement by more than ten percent (10%) from those charged under this agreement, provided the same Software is ordered in substantially the same quantities. At any time during the term of this agreement, but not after its termination or expiration, you can convert your temporary licenses to run the Software hereunder to perpetual licenses ("buyout option"). You must contact your Reseller to exercise your buyout option. If you choose this option, you will be required to count the current number eligible PCs in your institution and acquire a perpetual license for the most current version of Microsoft Windows operating system, Microsoft Office Professional and Microsoft BackOffice Client Access License and the add-on products you selected at submission of this agreement for each eligible PC. You will have the option of acquiring a perpetual license for Microsoft Works Standard, Microsoft Encarta Reference Suite, MS Press Office Starts Here Step-by-Step interactive and Microsoft Visual Studio Professional Edition for either i) all the eligible PCs, or ii) only those eligible PCs that are currently running those products. The buyout option will give you a perpetual license for all the Software that you purchase a buyout license for under this agreement, based upon the number of eligible PCs you identify. You will receive a License Confirmation for those licenses you acquire exercising your buyout option. 3. Term and Termination. This agreement shall be effective as of the date of our Acceptance Letter to you and continue in effect for a period of twelve (12)full calendar months, unless earlier terminated. If a new School Agreement is not in effect within thirty (30) days following termination or expiration of this agreement, you must confirm to us that you have complied with your notice obligations in Section 4 and certify to us in writing the number of copies of the Software you have deleted and removed and/or the number of licenses you have ordered as per Section 2 above. Either of us may terminate this agreement if the other is in breach of this agreement, and the breaching party does not cure the breach within thirty (30) days of receiving written notice of such breach. We may terminate this agreement with immediate effect if you lose your educational accreditation by the applicable governmental regulatory agency. Sections 3, 4, 5, 6 and 7 shall survive termination or expiration of this Agreement. 24 4. Facilitating Compliance. You must keep all usual and proper records relating to your reproduction, distribution and use of the Software. We reserve the right to audit you during the term of this agreement and for a period of one (1) year thereafter, provided that such audit(s) will be conducted during normal business hours and in such a manner as not to interfere unreasonably with your operations. Additionally, you must use reasonable efforts to make your Users aware of the terms and conditions upon which they are allowed to run the Software. To this end,you must notify all Users that (a) you have entered into this agreement with us, (b) they are only licensed to run the Software during the tern of this agreement; (c) if you don't renew this agreement or exercise the buyout option or otherwise purchase perpetual licenses for the Software, then the Software licensed under this agreement must be deleted and removed from all computers at the time that this agreement expires or is terminated and you must periodically publish in your institution-wide publication and applicable web sites either the then current License Agreement or a reference to the location (either physical or on a computer network) where the License Agreement can be reviewed. In addition, you will provide all reasonable cooperation to us to investigate and remedy any unauthorized reproduction of the Software made available for access or use to your Users. 5. Disabling Mechanisms and No Support Services. We reserve the right to include on any copy of the Software we make available hereunder any proactive technical disabling mechanisms that would enable us, with a timed device, to disable the Software once this agreement has expired or is terminated. As a result, please be advised that you and your Users would likely suffer data loss or other system errors or malfunctions if they continue to run of the Software after the termination or expiration of this agreement. Additionally, neither you nor your Users shall be entitled to free telephone support with respect to the Software. 6. Limited Warranty and Disclaimers. You are provided with a 90-day product warranty and Year 2000 warranty, the terms of which are in your License Agreement. EXCEPT FOR THE LIMITED WARRANTY PROVIDED IN THE PRECEDING SENTENCE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PRODUCTS AND RELATED MATERIALS. THERE MAY BE SITUATIONS IN WHICH YOU HAVE A RIGHT TO CLAIM DAMAGES FROM US. WHATEVER THE BASIS FOR YOUR CLAIM (SUCH AS BREACH OF CONTRACT OR TORT), OUR LIABILITY WILL BE LIMITED TO DIRECT DAMAGES UP TO THE AMOUNT YOU HAVE PAID UNDER THIS AGREEMENT WITH RESPECT TO THE PRODUCT GIVING RISE TO YOUR CLAIM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS) ARISING IN CONNECTION WITH THIS AGREEMENT. ANY ENROLLMENT OR PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 25 7. General. This agreement, which is comprised of the cover page, Address Information Form, Order Form, Reseller Information Form, Participation Form, License Agreement and these Terms and Conditions, constitutes the entire agreement between you and us concerning the subject matter hereof, and merges all prior and contemporaneous communications with respect to such subject matter. The provisions of these documents control over an}' provisions in any purchase order or any general terms and conditions maintained by you or us. To the extent there is any inconsistency between the provisions contained in Sections 1 through 7 of these terms and conditions and any other part of this agreement, these terms and conditions shall control. Any amendments in connection with this agreement not in writing and signed by both parties is not binding. If you wish to assign or transfer this agreement or your rights or obligations hereunder you must obtain our prior written approval. We reserve the right to transfer this agreement or our rights and obligations hereunder to one of our affiliated companies without your prior approval. Except as expressly provided in the following sentence, if any provision of this agreement is held to be invalid or unenforceable, the remaining provisions or portions hereof, shall remain in full force and effect, and if the invalidity or unenforceability is due to the unreasonableness of any provision or portion thereof, the court, or arbitrator as the case may be, shall reform such provision or portion thereof to be effective to the maximum extent permitted by law. 26 For Microsoft Internal Purposes School Agreement Number AMENDMENT NO. 1 TO MICROSOFT SCHOOL AGREEMENT This Amendment No. 1 to Microsoft School Agreement (this "Amendment') amends the Microsoft School Agreement with the School Agreement Number indicated above (the "School Agreement'), between [ I ("you") and MSLI, LLC ("we" or "us", as the case may be). All capitalized terms used but not defined in this Amendment have the meanings assigned to them in the School Agreement. I. Amendment. 4. Section 3 of the License Agreement, Applicable Law, is hereby amended and restated to read in its entirety as follows: Applicable law. If this License Agreement and your Campus or School Agreement are entered into in the United States, they are governed by the laws of the State of Florida, U.S.A. and the federal laws of the United States. If they are entered into in Canada, they are governed by the laws of the Province of Ontario, Canada. In that case, each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario. If this License Agreement and your Campus or School Agreement are entered into in any other jurisdiction, then local law may apply. 5. Section 5b of the License Agreement, Year 2000 warranty, is deleted and restated to read in its entirety as follows: Year 2000 Compliance Warranty. For purposes of this Year 2000 warranty, the team "Product shall include software, firmware, microcode, hardware and embedded chip technology. Vendor warrants that the Product is Year 2000 Compliant. All versions of the Product offered by the vendor and purchased by the State, for which Vendor is obligated to provide maintenance service are, and in the future, will be, Year 2000 Compliant. Year 2000 Compliant means the Product will include the ability to: consistently handle date information before, during, and after January 1, 2000, including accepting date input providing date output, and processing dates; function before, during and after January 1, 2000, without the need for program changes caused by the advent of the new century; properly handle all date related information before and following Jan 1, 2001, including but not limited to accurate and reliable performance in processing date and date related data, including calculating, comparing and sequencing; properly process any and all date calculations before, on and after the leap year date of February 29, 2000 and store and provide output of date information in ways that are unambiguous as to century. 27 The duration of this warranty and the remedies available to the State for breach of this warranty shall be as defined in, and subject to, the terms and limitations of any general warranty provisions of this contract, provided that notwithstanding any provision tot he contrary in such warranty provision(s), or in the absence of any such warranty provision(s), defects in the Product with regard to Year 2000 Compliance, if any, will be corrected by Vendor at Vendor's cost within a timeframe mutually agreed upon with the State. Vendor cannot be held responsible for errors resulting from devices or systems external to this contract which are permitted to directly access any database provided under this Agreement and overwrite Product date fields or from the users improper integration of non-Year 2000 Compliant systems. Nothing in this warranty shall be construed to limit any rights or remedies the State may otherwise have under this contract with respect to defects other than Year 2000 performance. Year 2000 Compliance (Software) The licensor represents and warrants that the software, which is licensed to licensee hereunder, is designed to be used prior to, during, and after the calendar year 2000 AD, and that the software will operate during each such time period without error relating to date data, specifically including any error relating to, or the product of, date data which represents or references different centuries or more than one century. Without limiting the generality of the foregoing, Licensor further represents and warrants (1) that the software will not abnormally end or provide invalid or incorrect results as a result of date data, specifically including date data which represents of references different centuries or more than one century; (2) that the software has been designed to ensure year 2000 compatibility, including, but not limited to, date data century recognition, calculations which accommodate same century and multi-century formulas and date values, and date data interface values that reflect the century; (3) that the software included "year 2000 capabilities", which means the software (a) will manage and manipulate data involving dates, including single century formulas and multi-century formulas, and will not cause an abnormally ending scenario within the application or generate incorrect values or invalid results involving such dates; and (b) provides that all date-related user interface functionalities and data fields include the indication of century; and (c) provided that all date-related data interface functionalities include the indication of century. Year 2000 Remedy Clause In the event of any decrease in product functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating beyond the Millennium Date Change, Licensors and Vendors of Licensors products, agree to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein at no charge to the licensee, and without interruption to the ongoing business of licensee, time being of the essence. 6. A new Section 8, Limitation of Remedies, is added to the Terms and Conditions and reads as follows: Limitations of Remedies Contractor's entire liability and the State's exclusive remedy shall be as follows: In all situations involving performance or non-performance of machines or programming (other than licensed programs) furnished under this Agreement,the State's remedy is (a)the 28 adjustment or repair of the machine or replacement of its parts by Contractor, or at Contractor's option, replacement of the machine or correction of programming errors, or(b) if, after repeated efforts, Contractor is unable to install the machine or a replacement machine, model upgrade or feature in good working order, or to restore it to good working order, or to make programming operate, all as warranted,the State shall be entitled to recover actual damages to the limits set forth in this Special Condition. For any other claim concerning performance or non-performance by Contractor pursuant to, or in any other way related to the subject matter of, this Agreement or any order under this Agreement, the State shall be entitled to recover actual damages to the limits set forth in this Special Condition. If this contract is for purchase of machines, then the following shall apply. Contractor's entire liability for damages to the State for any cause whatsoever, and regardless of form of action, whether in contract or in tort including negligence, shall be limited to the greater of $100,000 or the appropriate price stated herein for the specific machines that caused the damages or that are the subject matter of or are directly related to the cause of action. The foregoing limitation of liability will not apply to (a) the payment of cost and damage awards referred to in the General Condition 14 entitled "Patents and Royalties", or to (b) claims for reprocurement costs or the cost of cover pursuant to State Purchasing Rule 60A-1.006(4) entitled "Default", or to (c) claims for personal injury or damage to real or tangible personal property caused by Contractor's negligence or tortious conduct. If this contract is for the purchase of hardware maintenance services, then the following shall apply: Contractor's entire liability and the State's exclusive remedy for damages to the State for any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to actual damages up to the greater of$100,000 or an amount equal to 12 months maintenance charges for the specific machines under this Agreement that caused the damages or that are the subject matter of, or are directly related to, the cause of action. Such maintenance charges will be those in effect for the specific machines when the cause of action arose. The foregoing limitation of liability will not apply to (a) the payment of cost and damage awards referred to in General Condition 14 entitled "Patents and Royalties" or to (b) claims for reprocurement costs or costs to cover pursuant to State Purchasing Rule 60A-1.006(4) entitled "Default", or to (c) claims by the State for personal injury or damage to real property or tangible personal property caused by the Contractor's negligence or tortuous conduct. If this contract is for purchase of software maintenance services, then the following shall apply: Contractor's entire liability and the State's exclusive remedy for damages to the State for any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to actual damages up to the greater of$100,000 or an amount equal to 12 months maintenance charges for the specific software product under this Agreement that caused the damages or that are the subject matter of, or are directly related to, the cause of action. Such maintenance charges will be those in effect for the specific software product when the cause of action arose. The foregoing limitation of liability will not apply to (a) the payment of cost and damage awards referred to in General Condition 14 entitled "Patents and Royalties", or to (b) claims for reprocurement costs or the cost of cover pursuant to State Purchasing Rule 60A-1.006(4) entitled "Default", or to (c) claims by the State for personal injury or damage to real property or tangible personal property caused by Contractor's negligence or tortuous conduct. 29 If this contract is for services other than hardware or software maintenance, then the following shall apply: Contractor's entire liability and the state's exclusive remedy for damages to the state for any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to actual damages up to the greater of $100,00 or an amount equal to the charges invoiced for the services which are the subject matter of, or are directly related to, the cause of action. The foregoing limitation of liability will not apply to (a) the payment of cost and damage awards referred to in "Patents and Royalties" or to (b) claims for reprocurement costs or costs to cover pursuant to State Purchasing Rule 60A-1.006(4) entitled "Default", or to (c) claims by the Department for personal injury or damage to real property or tangible personal property caused by the Contractor's negligence or tortuous conduct If this contract is for the acquisition of licensed programs, including personal computer licensed programs, then the following shall apply: Contractor's entire liability and the State's exclusive remedy shall be as follows: In all situations involving performance or non- performance of licensed programs furnished under this Agreement, the State's remedy is (1) the correction by the Contractor of licensed program defects, or (2) if, after repeated efforts, the Contractor is unable to make the licensed program operate as warranted, the State shall be entitled to recover actual damages to the limits set forth in this section. For any other claim concerning performance or non-performance by the Contractor pursuant to, or in any way related to, the subject matter of this Agreement the State shall be entitled to recover actual damages to the limits set forth in this section. Contractor's liability for damages to the State for any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to the greater of$100,000 or the one time charges paid for, or any monthly license or initial license charges which would be due for 12 months use of the licensed program that caused the damages or that is the subject matter of, or is directly related to, the cause of action and shall include any initial or process charges paid to the Contractor. This limitation of liability will not apply to (a) the payment of cost and damage awards referred to in General Condition 14 entitled "Patents and Royalties" or to (b) claims for reprocurement costs or the cost of cover pursuant to State Purchasing Rule 60A-1.006(4) entitled "Default", or to (c) claims for personal injury or damage to real or tangible personal property caused by the Contractor's negligence or tortuous conduct. Contractor shall hold and save the State harmless for any and all suits and judgments against the State for personal injury or damage to real or tangible personal property caused by Contractor's tortuous conduct in the performance of this Agreement provided that, (a) the State promptly notifies Contractor in writing of any claim, and (b) Contractor shall be given the opportunity, at its option, to participate and associate with the State in the control, defense and trial of any claims and any related settlement negotiations and, provided further, that with respect to any claim, or portion thereof, for which Contractor agrees at the initiation of such claim that Contractor shall save and hold the State harmless, Contractor shall have the sole control of the defense, trial and any related settlement negotiations, and (c) the State fully cooperates with Contractor in the defense of any claim. In no event, however, will Contractor be liable for (a) any damages caused by the State's failure to perform the State's responsibilities, or for (b) any lost profits or other consequential damages, even if Contractor has been advised of the possibility of such damages, or for (c) any claim against the State by any other party, except as provided in the hold harmless provision of the preceding paragraph of this Special Condition and except as provided in the General 30 Condition entitled "Patents and Royalties", or for (d) any damages caused by performance or non-performance of machines or programming located outside the United States or Puerto Rico. IL Effect of Amendment. You and us agree, on behalf of ourselves and our respective affiliates, that the terms and conditions of this Amendment are confidential. Each agrees that it will not disclose such terms and conditions to any third party other than its affiliates, agents, designated or prospective Reseller and distributors of such Resellers (if any). Except as specifically amended by this Amendment,all provisions of the School Agreement shall remain unchanged and in full force and effect. This Amendment is not legally binding until executed by us and shall become effective on that date. When this Amendment is fully executed, you will receive a confirming copy. You shall execute and return two (2) copies of this Amendment to the below address in order for the terms and conditions of this Amendment to apply. 31 MSLI, LLC Attn: Dept. 551, Volume Licensing 6100 Neil Road Suite 210 Reno, NV 89511-1132 Name of University (Entity Name): Name of contracting Microsoft affiliate: MSLI,LLC By: By: (signature) (signature) Name: Name: (printed) (printed) Title: Title: (printed) (printed) Date: Date: STATE OF FLORIDA By: (signature) Name: (printed) Title: (printed) Date: Prepared By: Kaylee Deegan 32 For Microsoft Internal purposes: Microsoft will provide: Campus Agreement Number MICROSOFT CAMPUS AGREEMENT OVERVIEW. In this agreement the term "you" means the Higher Education Institution, or entity that submits this agreement to "us". The term "we" or "us" refers to the Microsoft company that accepts this agreement and each of its affiliates. Your "Users" shall mean you and those faculty, staff and students designated by you on the Order Form to run the Software (as defined below). To "run" a product means to copy, install, use,access, display, run or otherwise interact with it. The Campus Agreement program gives your Users the right during this agreement to run a platform of "Software" (Microsoft Windows or Windows NT Workstation Upgrades; Microsoft Office Standard or Office Professional; Microsoft FrontPage; Microsoft Visual Studio Professional Edition; Microsoft BackOffice Client Access License; and MS Press Office Starts Here Step-by-Step Interactive and the add-on products, if any, you have chosen on the attached Order Form) on all the institution-owned or leased PCs in your institution. If you choose to license less than your entire institution, then you only have the right to run the Software on those institution-owned or leased PCs that are directly related to the departments you enroll. You have the option during the term of this agreement to run the most current version, or any previous version of the Software, in any available language in either a Macintosh or Windows version, as applicable. If you also choose the Student-owned PC option on the attached Order Form, then those students at your institution will have the right to run the Software on the PCs that they own or lease. Faculty and staff also have the right to run one copy of the Software, for school related activities, on either a laptop or desktop that they own or lease. To qualify for Campus Agreement, you must count all the part-time and full-time faculty/staff in full- time equivalents (FTE's) in your institution or department, and all the student FTE's if you choose the Student-Owned PC Option and identify the total on the attached Order Form. To qualify for the Student-owned PC option you must first choose to license the Institution-owned PC's. Additionally, you must fill out the attached Address Information Form and Order Form and sign where indicated below. You must then submit these documents with your purchase order number to your Reseller. You should keep a copy of this agreement for your records. We will process your agreement and upon our acceptance we will send you an Acceptance Letter with an agreement number, confirmation of the number of FTE's you have identified, and the license period of this agreement. After we accept the agreement your Reseller will receive an invoice and you will pay your Reseller the amount they invoice you. Your right to run the Software begins as soon as you receive our Acceptance Letter and lasts for twelve (12) full calendar months. If you choose the Student-owned PC option, the student's rights are the same, plus those students who leave the institution during the term will receive a perpetual right to run the Software that is installed on their PC at the time they leave. You will be responsible for ensuring that that students leaving your institution receive a license confirmation as required by the License Agreement (see Exhibit "A"). Upon acceptance, you may order media from your Reseller for the Software. Prior to the end of the term of the agreement, we will send you a letter inviting you to renew your Campus Agreement. If you do not choose to renew, you will have the option of i)deleting all the Software licensed under this agreement; or ii) purchasing perpetual licenses pursuant to the "buyout" option set forth in the attached Terms and Conditions or otherwise. 33 This agreement consists of (1) this cover page, (2) Address Information Form, (3) Order Form, (4) Reseller Information Form, (5) the Microsoft Campus Agreement Terms and Conditions, (6) Exhibit "A" (student license confirmation), and (7) the License Agreement in effect during this agreement. We will either provide you a copy of the License Agreement in effect or you may view a copy at www.microsoft.com/education/pricing/campusagree. As evidenced by your signature below i) you represent that the information on the attached forms is accurate, and ii) you acknowledge and agree that you have read and understood the terms and conditions of the foregoing documents, all of which are incorporated herein by this reference, and agree to be bound by the same. 34 Your Name (Higher Education Institution or Purchasing Entity): By: (signature) Name: (printed) Title: (printed) Date: Any notices must be addressed to the contacts and locations outlined below. We will notify you in writing if our address information changes. You must notify us in writing if your address changes. Notices Information Customer Information Microsoft Information Your Institutions Name (School or Purchasing Name and address of contracting Microsoft Agent) affiliate: MSLI, LLC Street Address and/or post office box 6100 Neil Road Suite 210 City and State/Province Reno, NV 89511-1137 Country and Postal Code USA Contact Name and Title Phone Number Phone Number: 775-823-5600 Fax Number Fax Number: 775-826-7287 Email Address All NOTICES should have Copy To: Microsoft Corporation Law and Corporate Affairs One Microsoft Way Redmond, WA 98052 Attn: Education Attorney 35 I. General Customer Information Your Institution's Name (Higher Education Institution or Purchasing Entity) Your Purchase Order Number (Must be provided before Agreement will be processed) II. Definition of Users a) Your Users must always consist of all the faculty/staff FTE's in the entire Higher Education Institution,or in one or more departments. Please check the applicable box below; ❑ The entire institution Or One or more departments or schools (list the departments and/or schools included below (Please note that all segments of a department or school should be included, e.g., a Business school should include the Business library). If more than 6 departments and/or schools are included, attach a list of names on separate piece of paper. 1. 2. 3. 4. 5. 6. 36 b) You may also choose the Student-owned PC Option. If you want to license all your Students on their own PCs, as described, please check the box below; ❑ Student-Owned PC Option: Students on a computer they awn or lease (Complete Part IV(b) below) III. Campus Software Products The Campus Agreement grants your Users the right, from the date of acceptance of the Acceptance Letter until termination or expiration, to run copies of any version of Microsoft Windows or Windows NT Workstation Upgrades; Microsoft Office Standard or Office Professional; Microsoft FrontPage; Microsoft Visual Studio Professional Edition; Microsoft BackOffice Client Access License; and MS Press Office Starts Here Step-by-Step Interactive as well as any of the below add-on products selected at submission of this agreement. Please check the add on products in the box below you wish to run during the term of this agreement (in addition to the products listed above) for the total number of FTE's entered in Part IV below. Project MS Press Windows Starts Here MS Press Windows NTW Starts Here MS Press Web Authoring Starts Here V. Full-Time Equivalent (FTE) Calculation a) Institution-owned PC's: The total number of faculty and staff in the institution or in the schools and/or departments selected in Part II(a)above is: (Non-knowledge workers such as maintenance, groundskeepers, cafeteria, and mailroom, etc. may be excluded) I. Full-time Faculty 2. Full-time Staff 3 Part-time Faculty (expressed as full-time equivalents) 4 Part-time Staff (expressed as full-time equivalents) Total Full-time and Part-time Faculty and Staff FTE's (this is the number of Faculty/Staff FTE's used to determine your price 5. level) NOTE: FTE's must be rounded to nearest whole number 5 =1+2+3+4 37 b) Student-owned PC Option (Complete only if you selected Student-owned PC Option in Part 11(b) above). The total number of matriculated/degree-seeking students in the institution or in the schools and/or departments selected above, based on Fall enrollment, is: 1. Full-time Students 2 Part-time Students (expressed as full-time equivalents) Total Full-time and Part-time matriculated student FTE's (this is 3 the number of Student FTE's used to determine your price level) NOTE: FTE's must be rounded to nearest whole number. 3 =1+2) You must choose a Large Account Reseller/Authorized Education Reseller ("Reseller") in your area. If, at any time during the term of the agreement,you wish to terminate the relationship with your designated Reseller, or if we discontinue the reseller's status as a Reseller, you must choose a replacement. If you intend to change your Reseller, you must notify us and the current Reseller in writing of the new Reseller you have designated. To avoid purchasing delays when changing Resellers,you should provide us with 30 days prior written notice. The following sections should be completed by the Reseller 1. General information: Reseller Headquarter Information and Distributor Information (if applicable) Reseller Name Distributor Name Headquarters Street Address and/or post Headquarters Street Address and/or post office office box box City and State/Province City and State/ Province Country and Postal Code Country and Postal Code Contact Name and Title Contact Name and Title Phone Number Phone Number Fax Number Fax Number Email Address Email Address Indirect Partner Purchase Order Number H. Billing information for Campus Agreement: d) Direct partner purchase order number: 38 e) Direct Partner Billing Customer Number: Part number and price information: Insert the Microsoft part number and price information to be billed for the TOTAL number of FTE's entered in Part IV of the Order Form. (NOTE. The part number and price level information required below is provided to the Direct Partner on the Campus V2.0 Price List. Microsoft Part Number Price Level License Offering Number of FTE's (from Part IV of the Order Form Total(must match total number o FTE's in part IV of Order Form Note: Billing currency is the currency in which the reference price is expressed. The above price level will be extended to Reseller for the term of this agreement between the contracting Microsoft affiliate and the higher education institution or purchasing entity. Signature acknowledges that the above price level has been reviewed and agreed to by Reseller, subject to the terms and conditions of its agreement with the contracting Microsoft affiliate. The undersigned confirms that the Reseller and Distributor information is correct. Name of Reseller: Name of Distributor(if applicable): By: By: (signature) (signature) Name: Name: (printed) (printed) Title: Title: (printed) (printed) Date: Date: 39 1. License Grant. We grant you the right to run the Software during the term of this agreement and to extend these same rights to your Users. Such rights shall be pursuant to the terms and conditions set forth herein and in the License Agreement located at www.microsoft.com/education/pricing/campusagree. A copy of the License Agreement will be provided to you at your request. In order to run the most current version of a Microsoft operating system (Windows or Windows NT Workstation) you must have a valid license for an operating system on each PC on which the Software is run. 2. Ordering Software. The submission of this agreement to a reseller that we have authorized to distribute licenses under this agreement in your region (a "Reseller") together with your purchase order number for the Software will serve as your offer to purchase licenses to the Software by you and your Users. Upon our acceptance of your properly completed agreement, we will process your agreement and send you an Acceptance Letter authorizing your right to run the Software in accordance with this agreement. Your Reseller will receive an invoice for the licenses you have ordered and your Reseller will invoice you for those same licenses. You must pay your designated Reseller all amounts properly invoiced with respect to the licenses as and when required by the terms of your agreement with your Reseller. In the event that you enter into a new Campus Agreement with us immediately following the expiration of this agreement, we will not increase the license prices we charge your Reseller for new licenses under your new Campus Agreement by more than ten percent (10%) from those charged under this agreement, provided the same Software is ordered in substantially the same quantities. At any time during the term of this agreement, but not after its termination or expiration, you can convert your temporary licenses to run the Software hereunder to perpetual licenses ("buyout option"). You must contact your Reseller to exercise your buyout option. If you choose this option, you will be required to count the current number of Pentium, PowerMAC, iMAC or equivalent PCs, plus any additional PCs on which you choose to run the Software ("eligible PCs") in your institution and acquire a perpetual license for the most current version of Microsoft Windows operating system, Microsoft Office Professional and Microsoft BackOffice Client Access License and the add-on products you selected at submission of this agreement for each eligible PC. You will have the option of acquiring a perpetual license for Microsoft FrontPage, MS Press Office Starts Here Step-by-Step interactive and Microsoft Visual Studio Professional Edition for either i) all the eligible PCs, or ii) only those eligible PCs that are currently running those products. The buyout option will give you a perpetual license for all the Software that you purchase a buyout license for under this agreement, based upon the number of eligible PCs you identify. You will receive a License Confirmation for those licenses you acquire exercising your buy- out option. 3. Term and Termination. This agreement shall be effective as of the date of our Acceptance Letter to you and continue in effect for a period of twelve (12) full calendar months, unless earlier terminated. If a new Campus Agreement is not in effect within thirty (30) days following termination or expiration of this agreement, you must confirm to us that you have complied with your notice obligations in Section 4 and certify to us in writing the number of copies of the Software you have deleted and removed and/or the number of licenses you have ordered as per Section 2 above. Either of us may terminate this agreement if the other is in breach of this agreement, and the breaching party does not cure the breach within thirty (30) days of receiving written notice of such breach. We may terminate this agreement with immediate effect if you lose your educational accreditation by the applicable governmental regulatory agency. Sections 3, 4, 5, 6 and 7 shall survive termination or expiration of this Agreement. 4. Facilitating Compliance. You must keep all usual and proper records relating to your reproduction, distribution and use of the Software. We reserve the right to audit you during the term of this agreement 25 and for a period of one (1) year thereafter, provided that such audit(s) will be conducted during normal business hours and in such a manner as not to interfere unreasonably with your operations. Additionally, you must use reasonable efforts to make your Users aware of the terms and conditions upon which they are allowed to run the Software. To this end, you must notify all Users that (a) you have entered into this agreement with us, (b) they are only licensed to run the Software during the term of this agreement; (c) if you don't renew this agreement or exercise the buyout option or otherwise purchase perpetual licenses for the Software, then the Software licensed under this agreement must be deleted and removed from all computers at the time that this agreement expires or is terminated and you must periodically publish in your institution-wide publication and applicable web sites either the then current License Agreement or a reference to the location (either physical or on a computer network) where the License Agreement can be reviewed. In addition, you will provide all reasonable cooperation to us to investigate and remedy any unauthorized reproduction of the Software made available for access or use to your Users. 5. Disabling Mechanisms and No Support Services. We reserve the right to include on any copy of the Software we make available hereunder any proactive technical disabling mechanisms that would enable us, with a timed device, to disable the Software once this agreement has expired or is terminated. As a result, please be advised that you and your Users would likely suffer data loss or other system errors or malfunctions if they continue to run of the Software after the termination or expiration of this agreement. Additionally, neither you nor your Users shall be entitled to free telephone support with respect to the Software. 6. Limited Warranty and Disclaimers. You are provided with a 90-day product warranty and Year 2000 warranty, the terms of which are in your License Agreement. EXCEPT FOR THE LIMITED WARRANTY PROVIDED IN THE PRECEDING SENTENCE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PRODUCTS AND RELATED MATERIALS. THERE MAY BE SITUATIONS IN WHICH YOU HAVE A RIGHT TO CLAIM DAMAGES FROM US. WHATEVER THE BASIS FOR YOUR CLAIM (SUCH AS BREACH OF CONTRACT OR TORT), OUR LIABILITY WILL BE LIMITED TO DIRECT DAMAGES UP TO THE AMOUNT YOU HAVE PAID UNDER THIS AGREEMENT WITH RESPECT TO THE PRODUCT GIVING RISE TO YOUR CLAIM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS) ARISING IN CONNECTION WITH THIS AGREEMENT, ANY ENROLLMENT OR PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 26 7. General. This agreement, which is comprised of the cover page, Address Information Form, Order Form, Reseller Information Form, License Agreement and these Terms and Conditions, constitutes the entire agreement between you and us concerning the subject matter hereof, and merges all prior and contemporaneous communications with respect to such subject matter. The provisions of these documents control over any provisions in any purchase order or any general terms and conditions maintained by you or us. To the extent there is any inconsistency between the provisions contained in Sections 1 through 7 of these terms and conditions and any other part of this agreement, these terms and conditions shall control. Any amendments in connection with this agreement not in writing and signed by both parties is not binding. If you wish to assign or transfer this agreement or your rights or obligations hereunder you must obtain our prior written approval. We reserve the right to transfer this agreement or our rights and obligations hereunder to one of our affiliated companies without your prior approval. Except as expressly provided in the following sentence, if any provision of this agreement is held to be invalid or unenforceable, the remaining provisions or portions hereof, shall remain in full force and effect, and if the invalidity or unenforceability is due to the unreasonableness of any provision or portion thereof, the court, or arbitrator as the case may be, shall reform such provision or portion thereof to be effective to the maximum extent permitted by law. 27 Please complete the following: Campus Agreement Number End Date of Campus Agreement Name of Higher Education Institution Student Name Student Identification Number Today's Date CAMPUS AGREEMENT STUDENT LICENSE CONFIRMATION LGRANT OF LICENSE. Licensor herebygrants you the right to run one cop of the version number and anguage o e o vare Product(s) iden4led below which you have installed on your PC per the right granted to you by the Institution under the Campus Agreement Program. Your right to use each Software Product shall be governed by and subject to the relevant section(s) of the most current License Agreement which you may view at www.microsoTt.com/education/nricing/campusagree. Product Description 2.DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. • Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer,decompile,or disassemble the SOFTWARE PRODUCT,except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. • Separation of Components.The SOFTWARE PRODUCT is licensed as a single product. Its component parts, if any,may not be separated for use on more than one computer. • Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT. • Support Services. Customers acquiring software under the Microsoft Campus Program are not entitled to free telephone support. 3.COPYRIGHT.All title and copyrights in and to the SOFTWARE PRODUCT(including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), and any copies of the SOFTWARE PRODUCT are owned by Microsoft or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore,you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. 4. LIMITED WARRANTY AND DISCLAIMERS. You are provided with a 90-day product warranty and Year 2000 warranty, the terms of which are in your License Agreement. EXCEPT FOR THE LIMITED WARRANTY PROVIDED IN THE PRECEDING SENTENCE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PRODUCTS AND RELATED MATERIALS. 28 THERE MAY BE SITUATIONS IN WHICH YOU HAVE A RIGHT TO CLAIM DAMAGES FROM US. WHATEVER THE BASIS FOR YOUR CLAIM (SUCH AS BREACH OF CONTRACT OR TORT), OUR LIABILITY WILL BE LIMITED TO DIRECT DAMAGES UP TO THE AMOUNT YOU HAVE PAID UNDER THIS AGREEMENT WITH RESPECT TO THE PRODUCT GIVING RISE TO YOUR CLAIM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS) ARISING IN CONNECTION WITH THIS AGREEMENT, ANY ENROLLMENT OR PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 29 For Microsoft Internal Purposes Campus Agreement Number AMENDMENT NO. 1 TO MICROSOFT CAMPUS AGREEMENT This Amendment No. 1 to Microsoft Campus Agreement (this "Amendment') amends the Microsoft Campus Agreement with the Campus Agreement Number indicated above (the "Campus Agreement'), between [ ] ("you") and MSLI, LLC ("we" or "us", as the case may be). All capitalized terms used but not defined in this Amendment have the meanings assigned to them in the Campus Agreement. I. Amendment. 1. Section 3 of the License Agreement, Applicable Law, is hereby amended and restated to read in its entirety as follows: Applicable law. If this License Agreement and your Campus or School Agreement are entered into in the United States,they are governed by the laws of the State of Florida, U.S.A. and the federal laws of the United States. If they are entered into in Canada, they are governed by the laws of the Province of Ontario, Canada. In that case, each of the parties hereto irrevocably attoms to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario. If this License Agreement and your Campus or School Agreement are entered into in any other jurisdiction, then local law may apply. 2. Section 5b of the License Agreement, Year 2000 warranty, is deleted and restated to read in its entirety as follows: Year 2000 Compliance Warranty. For purposes of this Year 2000 warranty,the team 'Product shall include software, firmware, microcode, hardware and embedded chip technology. Vendor warrants that the Product is Year 2000 Compliant. All versions of the Product offered by the vendor and purchased by the State, for which Vendor is obligated to provide maintenance service are, and in the future,will be, Year 2000 Compliant. Year 2000 Compliant means the Product will include the ability to: consistently handle date information before, during, and after January 1, 2000, including accepting date input providing date output, and processing dates; function before, during and after January 1, 2000, without the need for program changes caused by the advent of the new century; properly handle all date related information before and following Jan 1, 2001, including but not limited to accurate and reliable performance in processing date and date related data, including calculating, comparing and sequencing; properly process any and all date calculations before, on and after the leap year date of February 29, 2000 and store and provide output of date information in ways that are unambiguous as to century. 30 I The duration of this warranty and the remedies available to the State for breach of this warranty shall be as defined in, and subject to, the terms and limitations of any general warranty provisions of this contract, provided that notwithstanding any provision tot he contrary in such warranty provision(s), or in the absence of any such warranty provision(s), defects in the Product with regard to Year 2000 Compliance, if any, will be corrected by Vendor at Vendor's cost within a timeframe mutually agreed upon with the State. Vendor cannot be held responsible for errors resulting from devices or systems external to this contract which are permitted to directly access any database provided under this Agreement and overwrite Product date fields or from the users improper integration of non-Year 2000 Compliant systems. Nothing in this warranty shall be construed to limit any rights or remedies the State may otherwise have under this contract with respect to defects other than Year 2000 performance. Year 2000 Compliance(Software) The licensor represents and warrants that the software, which is licensed to licensee hereunder, is designed to be used prior to, during, and after the calendar year 2000 AD, and that the software will operate during each such time period without error relating to date data, specifically including any error relating to, or the product of, date data which represents or references different centuries or more than one century. Without limiting the generality of the foregoing, Licensor further represents and warrants (1) that the software will not abnormally end or provide invalid or incorrect results as a result of date data, specifically including date data which represents of references different centuries or more than one century; (2) that the software has been designed to ensure year 2000 compatibility, including, but not limited to, date data century recognition, calculations which accommodate same century and multi-century formulas and date values, and date data interface values that reflect the century; (3) that the software included "year 2000 capabilities", which means the software (a) will manage and manipulate data involving dates, including single century formulas and multi-century formulas, and will not cause an abnormally ending scenario within the application or generate incorrect values or invalid results involving such dates; and (b) provides that all date-related user interface functionalities and data fields include the indication of century; and (c) provided that all date- related data interface functionalities include the indication of century. Year 2000 Remedy Clause In the event of any decrease in product functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating beyond the Millennium Date Change, Licensors and Vendors of Licensors products, agree to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein at no charge to the licensee, and without interruption to the ongoing business of licensee, time being of the essence. 3. A new Section 8, Limitation of Remedies, is added to the Terms and Conditions and reads as follows: 31 Limitations of Remedies Contractor's entire liability and the State's exclusive remedy shall be as follows: In all situations involving performance or non-performance of machines or programming (other than licensed programs) furnished under this Agreement, the State's remedy is (a) the adjustment or repair of the machine or replacement of its parts by Contractor, or at Contractor's option, replacement of the machine or correction of programming errors, or(b) if, after repeated efforts, Contractor is unable to install the machine or a replacement machine, model upgrade or feature in good working order, or to restore it to good working order, or to make programming operate, all as warranted, the State shall be entitled to recover actual damages to the limits set forth in this Special Condition. For any other claim concerning performance or non-performance by Contractor pursuant to, or in any other way related to the subject matter of, this Agreement or any order under this Agreement, the State shall be entitled to recover actual damages to the limits set forth in this Special Condition. If this contract is for purchase of machines, then the following shall apply. Contractor's entire liability for damages to the State for any cause whatsoever, and regardless of form of action, whether in contract or in tort including negligence, shall be limited to the greater of $100,000 or the appropriate price stated herein for the specific machines that caused the damages or that are the subject matter of or are directly related to the cause of action. The foregoing limitation of liability will not apply to (a) the payment of cost and damage awards referred to in the General Condition 14 entitled "Patents and Royalties", or to (b) claims for reprocurement costs or the cost of cover pursuant to State Purchasing Rule 60A-1.006(4) entitled "Default", or to (c) claims for personal injury or damage to real or tangible personal property caused by Contractor's negligence or tortious conduct. If this contract is for the purchase of hardware maintenance services, then the following shall apply: Contractor's entire liability and the State's exclusive remedy for damages to the State for any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to actual damages up to the greater of $100,000 or an amount equal to 12 months maintenance charges for the specific machines under this Agreement that caused the damages or that are the subject matter of, or are directly related to, the cause of action. Such maintenance charges will be those in effect for the specific machines when the cause of action arose. The foregoing limitation of liability will not apply to (a) the payment of cost and damage awards referred to in General Condition 14 entitled "Patents and Royalties" or to (b) claims for reprocurement costs or costs to cover pursuant to State Purchasing Rule 60A- 1.006(4) entitled "Default", or to (c) claims by the State for personal injury or damage to real property or tangible personal property caused by the Contractor's negligence or tortuous conduct. If this contract is for purchase of software maintenance services, then the following shall apply: Contractor's entire liability and the State's exclusive remedy for damages to the State for any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to actual damages up to the greater of $100,000 or an amount equal to 12 months maintenance charges for the specific software product under this Agreement that caused the damages or that are the subject matter of, or are directly related to,the cause of action. Such maintenance charges will be those in effect for the specific software product when the cause of action arose. The foregoing limitation of liability will not apply to (a) the payment of cost and damage awards referred to in General Condition 14 entitled "Patents and Royalties", or to (b) claims for reprocurement costs or the cost of cover pursuant to State Purchasing Rule 60A-1.006(4) entitled "Default", or to (c) claims by the State for personal injury 32 or damage to real property or tangible personal property caused by Contractor's negligence or tortuous conduct. If this contract is for services other than hardware or software maintenance, then the following shall apply: Contractor's entire liability and the state's exclusive remedy for damages to the state for any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to actual damages up to the greater of$100,00 or an amount equal to the charges invoiced for the services which are the subject matter of, or are directly related to, the cause of action. The foregoing limitation of liability will not apply to (a) the payment of cost and damage awards referred to in "Patents and Royalties" or to (b) claims for reprocurement costs or costs to cover pursuant to State Purchasing Rule 60A-1.006(4) entitled "Default", or to (c) claims by the Department for personal injury or damage to real property or tangible personal property caused by the Contractor's negligence or tortuous conduct If this contract is for the acquisition of licensed programs, including personal computer licensed programs, then the following shall apply: Contractor's entire liability and the State's exclusive remedy shall be as follows: In all situations involving performance or non- performance of licensed programs furnished under this Agreement, the State's remedy is (1) the correction by the Contractor of licensed program defects, or (2) if, after repeated efforts, the Contractor is unable to make the licensed program operate as warranted, the State shall be entitled to recover actual damages to the limits set forth in this section. For any other claim concerning performance or non-performance by the Contractor pursuant to, or in any way related to, the subject matter of this Agreement the State shall be entitled to recover actual damages to the limits set forth in this section. Contractor's liability for damages to the State for any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to the greater of$100,000 or the one time charges paid for, or any monthly license or initial license charges which would be due for 12 months use of the licensed program that caused the damages or that is the subject matter of, or is directly related to, the cause of action and shall include any initial or process charges paid to the Contractor. This limitation of liability will not apply to (a) the payment of cost and damage awards referred to in General Condition 14 entitled "Patents and Royalties" or to (b) claims for reprocurement costs or the cost of cover pursuant to State Purchasing Rule 60A-1.006(4) entitled "Default", or to (c) claims for personal injury or damage to real or tangible personal property caused by the Contractor's negligence or tortuous conduct. Contractor shall hold and save the State harmless for any and all suits and judgments against the State for personal injury or damage to real or tangible personal property caused by Contractor's tortuous conduct in the performance of this Agreement provided that, (a) the State promptly notifies Contractor in writing of any claim, and (b) Contractor shall be given the opportunity, at its option, to participate and associate with the State in the control, defense and trial of any claims and any related settlement negotiations and, provided further, that with respect to any claim, or portion thereof, for which Contractor agrees at the initiation of such claim that Contractor shall save and hold the State harmless, Contractor shall have the sole control of the defense, trial and any related settlement negotiations, and (c) the State fully cooperates with Contractor in the defense of any claim. In no event, however, will Contractor be liable for (a) any damages caused by the State's failure to perform the State's responsibilities, or for (b) any lost profits or other consequential damages, even if Contractor has been advised of the possibility of such damages, or for (c) any claim against the State by any other party, except as provided in the hold harmless provision of 33 the preceding paragraph of this Special Condition and except as provided in the General Condition entitled "Patents and Royalties", or for (d) any damages caused by performance or non-performance of machines or programming located outside the United States or Puerto Rico. II. Effect of Amendment. You and us agree, on behalf of ourselves and our respective affiliates, that the terms and conditions of this Amendment are confidential. Each agrees that it will not disclose such terms and conditions to any third party other than its affiliates, agents, designated or prospective Reseller and distributors of such Resellers (if any). Except as specifically amended by this Amendment, all provisions of the Campus Agreement shall remain unchanged and in full force and effect. This Amendment is not legally binding until executed by us and shall become effective on that date. When this Amendment is fully executed, you will receive a confirming copy. You shall execute and return two (2) copies of this Amendment to the below address in order for the terms and conditions of this Amendment to apply. 34 MSLI, LLC Attn: Dept. 551, Volume Licensing 6100 Neil Road Suite 210 Reno, NV 89511-1132 Name of University (Entity Name): Name of contracting Microsoft affiliate: MSLI, LLC By: By: (signature) (signature) Name: Name: (printed) (printed) Title: Title: (printed) (printed) Date: Date: STATE OF FLORIDA By: (signature) Name: (printed) Title: (printed) Date: Prepared By: Kaylee Deegan 35 For Microsoft Internal Use Purposes Enrollment Number Master Agreement Expiration Date Customer must complete the following: Master Agreement Number Name of Customer signing Master Agreeme MICROSOFT EDUCATION SELECT ENROLLMENT AGREEMENT This MICROSOFT EDUCATION SELECT ENROLLMENT AGREEMENT is entered into between the following companies as of the date identified under Microsoft's signature below. MSLI.LLC Company Contracting Microsoft Affiliate Address: Address: 6100 Neil Road Suite 210 Reno,NV 89511-1137 Telephone: Telephone: 775-823-5600 Fax: Fax: 775-826-7287 Email: For the Attention of: For the Attention of: Dept. 551, Volume Licensing Terms used in this enrollment shall have the meanings assigned to them in the Master Agreement identified above. By signing this enrollment, you represent and warrant that: a. You have read and understood the Master Agreement identified above, including any addenda and amendments to that agreement (specifically including but not limited to the current version of the use terms), and agree to be bound by those terms. b. You are an eligible education customer and an affiliate of the entity that signed the Master Agreement identified above. c. You expect to acquire licenses equivalent to at least 500 points during the term of this enrollment. This enrollment consists of (1) this cover page, (2) Address Information Form, (3) Affiliate Participation Form, (4) Reseller Information Form, and (5) the Product Lists and the use terms in effect during the Master Agreement identified above. By signing below, you represent that the information that you provide on each of the attached forms is accurate. 36 Name of Company (Entity Name): Name of contracting Microsoft affiliate: MSLI, LLC By: Bv: (signature) (signature) Name: Name: (printed) (printed) Title: Title: (printed) (printed) Date: Date: The enrollment and attached MSLI, LLC Telephone Number(country code-area code documents 6100 Neil Road phone number): should be sent to the following Suite 210 775-823-5600 address for Reno, NV 8951 1-1 137 Facsimile Number(country code-area code- approval and processing: phone number): 775-826-7287 37 Address Information Form (The following information must be completely filled in by the Customer jar Microsoft to accept this agreement) Any notices must be addressed to the contact and locations outlined below. We will notify you in writing if our address information changes. You must notify us in writing if your address changes. Notices Information Customer Information Microsoft Information Company Name Name and address of contracting Microsoft affiliate MSL1, LLC Street Address and/or post office box 6100 Neil Road Suite 210 City and State /Province Reno,NV 89511-1137 Country and Postal Code USA Contact Name Phone Number Phone Number- 775-823-5600 Fax Number Fax Number- 775-826-7287 Internet Address Microsoft Corporation Law and Corporate Affairs One Microsoft Way Redmond, Washington USA 98052 Attention: Select Attorney 38 Shipping Information License Confirmations and Select CD-ROMs will be shipped to the following address. If CD-ROM ship address differs from the License Confirmation ship address, please complete the Welcome Kit/CD-ROM shipment address section on the following page. License Confirmation Information Microsoft Contact Information (if dif ferent from notices address above Customer Name Microsoft Account Manager Name Street Address Microsoft Office Location City and State /Province Microsoft Contact Email Address (f applicable) Country and Postal Code Contact Name Phone Number Fax Number Internet Address Language (If different than language of this agreement) Microsoft will automatically ship ONE SELECT CD-ROM subscription with a Welcome Kit for each pool and language designated in the table below. If your right to purchase licenses under a particular pool has been terminated (for failure to comply with your forecast), Microsoft will discontinue shipment of subscriptions for that pool. Please mark each box with an "X" for the language(s) you wish to have shipped for each of the pools you have chosen on the Master Agreement identified on the cover page. You may only enroll in the pool or pools designated under the Master Agreement. If you would like to receive additional shipments of CD-ROM subscriptions you may order them through your Large Account Reseller for a fee. Language Application Pool System Pool Server Pool Arabic Basque Brazilian Catalan Chinese-Simplified Chinese-Traditional Czech Danish Dutch East European 39 English Finnish French French Canadian German Greek Hebrew Hungarian International English Italian Japanese Korean Norwegian Polish Portuguese Russian S anisIt Swedish Thai Turkish Welcome Kit/CD-ROM Shipment Contact i di erent rom License Confirmation contact Company Name Contact Name Street Address Phone Number City and State/Province Fax Number Country and Postal Code Internet Address 40 Affiliate Participation Form (The following information must be completed by the customer and updated, as necessary,by written notice to the contracting Microsoft affiliate.) List the affiliates which will sublicense products from you under this enrollment. The entities must be grouped by country. Attach additional sheet(s) if necessary. Affiliates not listed below will not be licensed under this agreement. Listing an affiliate on this form does not preclude that affiliate from signing its own enrollment. Names of affiliates not becoming enrolled affiliates, but receiving products by sublicensing from you Name of Country 41 Reseller Information Form You must choose a Large Account Reseller authorized in your area. If, at any time during the term of the agreement, you wish to terminate the relationship with your designated Large Account Reseller, or if we discontinue the reseller's status as Large Account Reseller, you must choose a replacement. If you intend to change Large Account Resellers, you must notify us and the old Large Account Reseller in writing of the new Large Account Reseller you have designated. To avoid purchasing delays such a change might entail, you should provide us with 30 days prior written notice. (The following sections should be completed by the Large Account Reseller) Large Account Reseller Headquarter Information Large Account Distributor Information (if applicable) Reseller Name Distributor Name Headquarters Street Address and/or post office Headquarters Street Address and/or post office box box City and State/Province City and State /Province Country and Postal Code Country and Postal Code Contact Name Contact Name Phone Number Phone Number Fax Number Fax Number Internet Address Internet Address The undersigned confirms that the Large Account Reseller and Large Account Distributor information is correct. 42 Name of Large Account Reseller: Name of Large Account Distributor (f applicable): By: By: (signature) (signature) Name: Name: (printed) (printed) Title: Title: (printed) (printed) Date: Date: 43 Services Agreement Number DR-001-FL Reseller must complete the following: Microsoft Business Agreement Number U0275474 MICROSOFT SERVICES AGREEMENT-STATE& LOCAL This MICROSOFT SERVICES AGREEMENT is entered into between the following entities as of the effective date identified below. If different from the main contact information, any notices must be addressed to the contact and locations outlined in the notice section below. We will notify you in writing if our address information changes. You must notify us in writing if your address changes. Agency Name Name and address of contracting Microsoft affiliate State of Florida,Department ofManagement Services Microsoft Consulting Services,Public Sector Street Address and/or post office box Street Address and!or post office box 4050 Esplanade Way 5335 Wisconsin Avenue,NW Suite#3155 Suite 4600 City and State/Province City and State/Province Tallahassee.FL Washington,DC Country and Postal Code Country and Postal Code 32399-0950 20015 Contact Name Vonnie Allen Phone Number Phone Number 850 487-2304 202 895-2000 Fax Number Fax Number 850 88-5498 202 364-8853 Email Address Email Address allenv@dms.state.ft.us core Microsoft.com For the Attention of: For the Attention of: Vonnie Allen Corey A.Griffin The agreement and attached documents should be sent to the above address for approval and processing. Customer Notices Information(if different than above) All NOTICES should have Copy To: Agency Name Microsoft Corporation.Law and Corporate Affairs Street Address and/or post office box One Microsoft Way City and State/Province Redmond,WA Country and Postal Code USA 98052 Contact Name Phone Number Fax Number 425-936-7329 Email Address a Microsoft.com For the Attention of: For the Attention of: Services Attorne This agreement consists of(1)this cover page,(2)the attached terms and conditions, (3)the terms of the Microsoft Business Agreement identified above (except that the definitions of the terms "you', "we",and "us" in this agreement supercede the definition for these terms provided in the Microsoft Business Agreement),(4)any work order entered into under this agreement, and(5)any services description entered into under this agreement. By signing below,you represent that you are either the party that signed the Microsoft Business Agreement,or are an affiliate of the entity that signed the Microsoft Business Agreement identified at the top of this cover page,and that the information you provide on this and each of the attached forms is accurate. 44 MICROSOFT SERVICES AGREEMENT TERMS AND CONDITIONS 1. Definitions. In this agreement, "you" means, as the context requires, the agency that has signed this agreement with us or the affiliate that signs a work order or services description; "we" or "us" means, as the context requires, the Microsoft entity that has signed this agreement or the affiliate that signs a work order or services description; and "affiliate" has the meaning given to it in the Microsoft Business Agreement identified on the cover page of this agreement. 2. Services. We agree to provide support and consulting services under the terms and conditions of this agreement. The precise scope of the services will be specified in work orders (for consulting services) or services descriptions (for support services) entered into under this agreement. A work order template is attached as Exhibit A to this agreement. Services descriptions offered by us as of the Effective Date of this agreement are attached as Exhibit B to this agreement. Actual services to be provided by us under a work order or service description will be those described in a work order or service description executed by you and us. You or any of your affiliates can enter into work orders and services descriptions under this agreement with our local affiliate. Our ability to deliver the services depends upon your full and timely cooperation, as well as the accuracy and completeness of any information you provide. This agreement does not obligate either of us or any of our affiliates to enter into any work order or services description. 3. Fees and expenses. You agree to pay us the fees described in each work order and services description, and reasonable out-of-pocket travel and living expenses (if any). You agree to pay within 30 days of the date of our invoice. We will not change our fees during the term of a work order or services description, but we may adjust fees prior to entering any new work order or services description. Our fees exclude taxes, duties, tariffs or other governmental charges or expenses (including, without limitation, any value added taxes), and such applicable taxes will be billed to and paid by you. We are responsible for taxes based upon our personal property ownership and net income. We will assess a finance charge of the lesser of 1.5% per month (except in Canada, where the charge shall be 18%per annum, accrued, calculated and payable monthly) or the highest amount allowed by law on all past due amounts. Failure to pay for more than 60 days after the date of invoice shall be a material breach. 4. Supportability. During the term of a services description, we can add support for new products or discontinue support for products that are obsolete or the intellectual property rights of which are sold to another company. If we discontinue support for a product, we must give you six months prior notice. If we sell to another company the intellectual property rights to a product, we will give you notice of the sale and either (i) arrange for the other company to continue the support immediately; or (ii) continue support ourselves for 90 days to give you time to make alternative arrangements. There may be cases where your implementation of our products cannot be effectively supported. As part of providing the support services, we will notify you if we reach that conclusion. If you do not modify that implementation to make it effectively supportable within 30 days after the notice, we will not be obligated to provide additional support services for that particular implementation. We will provide support services only for Microsoft products that are validly licensed. 5. Ownership and license. Software and materials that we provide in connection with the services will be provided object to the following provisions: a. Consulting Services. Each work order will specify the rights in computer software and materials delivered under it. 45 b. Support Services. We license you the bug fixes, workarounds, patches, beta fixes and builds in accordance with the terms set forth in the Microsoft Business Agreement. We may also provide other computer software and materials in connection with support services. The services description will specify the rights in the computer software and materials for those services. c. Knowledge Base. We may use any technical information we derive from providing the services relating to problem resolution, troubleshooting, product functionality enhancements and fixes, for our knowledge base. We agree not to identify you or disclose any of your confidential information in any item in the knowledge base. 6. Term and termination. This agreement shall remain in effect until terminated. You may terminate this agreement, any work order or services description for convenience by giving us 30 days written notice. Either party may terminate this agreement or any work order or services description if the other party is in material breach or default of any obligation that is not cured within 30 days notice of such breach. You agree to pay all fees for services performed and expenses incurred prior to termination. Termination of this agreement will terminate all outstanding work orders and services descriptions. 7. Survival. The provisions regarding fees and expenses, ownership and license, and miscellaneous of this agreement, and any provisions specified as surviving in a work order or services description, survive any termination or expiration of this agreement, any work order or services description. 8. Insurance. At all times when we will be performing services on your premises, we will have the following insurance coverage: a. Commercial General Liability covering bodily injury and property damage liability with a limit of not less than $1,000,000 each occurrence; b. Workers' Compensation or maintenance of a legally permitted and governmentally approved program of self - insurance) covering our employees under applicable workers' compensation laws for work-related injuries suffered by our employees; c. Employer's Liability with limits of not less than $1,000,000 each accident; and d. Software Errors and Omissions Liability covering damages arising out of negligent acts, errors, or omissions in the performance of this agreement, with a limit of liability of not less than $2,000,000 each claim. We will provide you with certificates of insurance evidencing this coverage on request. 9. Miscellaneous. a. Entire Agreement. The documents identified on the cover page of this agreement constitute our entire agreement concerning the subject matter hereof, and supersede any other prior and contemporaneous communications. The terms of these documents shall control in the following order: (i) the Microsoft Business Agreement; (ii) this Microsoft Services Agreement; (iii) any work order or services description. The terms of any purchase order or any general terms and conditions you or your affiliates maintain, other than those mandatory terms required by statute or regulation, do not apply. This agreement can be changed only by an amendment signed by both parties. 46 b. Independent Contractor; Subcontractors. We provide our services as an independent contractor, and will be responsible for any and all social security, unemployment, workers' compensation and other withholding taxes for all of our employees. We may use subcontractors to perform services, in which case we will be responsible for the performance of those subcontractors. c. Cost or Pricing Data. We will not, under any circumstances, accept work that would require the submission of cost or pricing data, or be obligated to provide such data, including without limitation, any modifications to any work order or this Agreement. d. Obligation in Lieu of Indemnity. In lieu of any obligation by you to indemnify us under this agreement, a work order or service description, you agree that you shall be completely responsible for any cost and damages arising from any claim, lawsuit, or other action to which your indemnity obligation would otherwise apply. 47 Microsoft Business Agreement Number Microsoft Services Agreement Number AMENDMENT No. 1 TO MICROSOFT SERVICES AGREEMENT - STATE & LOCAL This amendment is made and entered into by and between the undersigned for the purpose of amending Microsoft Services Agreement - State & Local ( "agreement" or "contract") identified above between State of Florida, Department of Management Services ("State" or "you") and Microsoft Corporation ("we", "us", or "contractor"). All terms used but not defined in this amendment will have the meanings assigned to such terms in the Microsoft Business Agreement or the services agreement. 1. Amendment. 1. Section 2, Services, is hereby revised in its entirety to read as follows: 2. Services. We agree to provide support and consulting services under the terms and conditions of this agreement. The precise scope of the services will be specified in work orders (for consulting services) or services descriptions (for support services) entered into under this agreement. You or any of your affiliates can enter into work orders and services descriptions under this agreement with our local affiliate. Our ability to deliver the services depends upon your full and timely cooperation, as well as the accuracy and completeness of any information you provide. This agreement does not obligate either of us or any of our affiliates to enter into any work order or services description. 2. Section 3, Fees and expenses, is hereby revised in its entirety to read as follows: Invoicing and payment: We shall be paid upon submission of a proper invoice as described below to the purchaser at the prices stipulated on the work order or services description agreed to in writing by you and us, after delivery and acceptance of services, less deductions if any, as provided. Invoices shall contain the contract number, purchase order number and our SPURS vendor number. An original and three(3)copies of the invoice shall be submitted. Failure to follow these instructions may result in delay in processing invoices for payment. INTEREST PENALTIES: Payment shall be made in accordance with Section 215.422, Florida Statutes, which states our rights and your responsibilities concerning interest penalties and time limits for payment of invoices. VENDOR RESPONSE SYSTEM: To access an interactive Voice Response System for vendor payment inquiry, vendors may call between 7 a.m. and 6 p.m. Monday through Friday to check on the status of payments by State agencies as provided on State purchase orders. The system can accommodate English and Spanish speaking callers. VENDOR OMBUDSMAN: We are aware of the following time frames: Upon receipt an agency has five (5) working days to inspect and approve the services,unless the work order specifies otherwise. You have 20 days to deliver a request for payment (voucher)to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the services are approved. If a payment is not available within 40 days, a separate interest penalty set by the Comptroller pursuant to Section 55.03 FS, will be due and payable, in addition to the invoice amount to the vendor. To obtain the applicable interest rate, we will contact the agency purchasing office. Interest penalties of less than one (I)dollar will not be enforced unless we request payment. Invoices which have to be returned to us because of our preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the agency. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate of vendors who may be experiencing problems in obtaining timely payments) from a State agency. State Purchasing shall review the conditions and circumstances 48 surrounding non-payment, and unless there is a bona fide dispute, State Purchasing may, in writing, authorize us to reject and return purchase orders from you until such time as you comply with the provisions of Section 215.422, F.S Notwithstanding any other provision of this paragraph, time and materials consulting services shall be accepted and approved upon performance of such services and the provision by us of an invoice identifying the hours worked by us by labor category, and the applicable hourly rates and total charges for the preceding month. Our fees exclude taxes, duties, tariffs or other governmental charges or expenses (including, without limitation, any value added taxes), and such applicable taxes will be billed to and paid by you. We are responsible for taxes based upon our personal property ownership and net income. 3. Section 9a, Entire Agreement, is hereby revised in its entirety to read as follows: a. Entire Agreement. The documents identified on the cover page of this agreement constitute our entire agreement concerning the subject matter hereof,and supersede any other prior and contemporaneous communications. The terms of these documents shall control in the order specified in Amendment No. I to the Microsoft Business Agreement. The terms of any purchase order or any general terms and conditions you or your affiliates maintain, other than those mandatory terms required by statute or regulation, do not apply. This agreement can be amended or changed only by operation of law or an amendment signed by both parties. 4. Section 9d, Obligation in Lieu of Indemnity, is hereby revised in its entirety to read as follows: 9.d. Your responsibility for distribution of deliverables. To the extent permitted by Florida law, you agree that you will be completely responsible for any costs and damages, pursuant to any settlement between the parties or any adjudicated claim or action, arising from or relating to any services deliverables that you distribute. 5. A new section 10, Additional conditions, is hereby added to the agreement and reads as follows: a. Special Accommodation. Any person requiring a special accommodation at State Purchasing because of a disability should call State Purchasing at (904) 488-8440 at least five (5)workdays prior to the negotiations. If you are hearing or speech impaired, please contact the Division by using the Florida Relay Service, which can be reached at 1 (800) 955-8771 (TDD). b. Deliverables. The following paragraph is added at the end of Section 2, "Services"; of the agreement: Information technology consulting and product support services supplied by us under this agreement are provided to assist the State. The State shall be responsible for the operation and use of any deliverables provided under any work order resulting from this agreement, and for ensuring that they meet State's requirements. c. Notice regarding employment of aliens. The employment of unauthorized aliens by any contractor is considered a violation of section 247A(e) of the Immigration and Nationalization Act. If we knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the Services Agreement and any existing work orders. d. Travel and Living Expenses. Invoices for travel and living expenses, as authorized under provisions of this agreement, shall be submitted in accordance with Section 112.061, Florida Statutes. 49 e. Purchases Under $2,500. State and its affiliates have the option to purchase from non-contract vendors provided the cost is below $2,500. State agencies are encouraged to use the State Visa Purchasing Card for all purchases under $2, 500. E Price Protection. Our labor rates for information technology consulting services as of the Effective Date of this services agreement are attached to this agreement as Appendix A to the Services Agreement, Information Technology Consulting Services Rates. We reserve the right to revise our labor rates not more than once in any 12-month period. Otherwise, rates for information technology consulting services may be adjusted off our then current labor rates for such services, for project or volume hours, by mutual agreement of you and us. Estimated total fees for consulting services under each work order will be as agreed by the parties in each work order. g. Changes In Personnel. We may assign, reassign and substitute personnel at any time. In the event it becomes necessary for us to substitute key personnel, such substitution will take place in consultation with the State. h. Default. Material failure by us to perform according to this agreement and the scope of work after the notice and cure period specified in Section 6 of this services agreement shall be cause for us to be found in default, and, if State elects to terminate this service agreement or any applicable work order or services description, the State's damages shall include any and all reprocurement costs. Any termination of this services agreement by State due to our default may also result in (i) our name being removed from State Purchasing vendor mailing list, and (ii) all State agencies being advised not to do business with us without written approval from State Purchasing. i. Intellectual Property. Any ideas, concepts, know-how, data processing techniques, software, documentation, diagrams, schematics or blueprints developed exclusively by our personnel in connection with information technology consulting services provided to State will be our exclusive property. Any joint or future software development effort will be subject to a work order signed by you and us, wherein all ownership and license rights to such developed product shall be specified in detail. In the absence of such agreement, the following terms shall apply: Each party shall maintain sole ownership of its own software and materials, which are independently developed or owned solely by State or us, respectively ('pre-existing work'). Nothing in this Agreement shall affect in any way our or a third party's, ownership of all right,title and interest in and to any of our or such third party's, system software, application software, routines, techniques, ideas or formulae which may be utilized in whole or in part by us in performing services for State, or any modifications, enhancements or derivative works thereof, which shall remain our sole property. Our commercial off-the shelf products ("commercial products') which are provided under a work order will be licensed to State in accordance with the terms of the end-user license agreement packaged with such product. We will grant State a non-exclusive,perpetual, fully paid up license to use, reproduce and modes our pre-existing work for the State's internal business operations. You grant us a non-exclusive license to use, reproduce and modify any pre-existing work of State during and solely for the performance of the particular work order. All rights in any computer code or materials (other than commercial product or pre-existing work) developed by us and provided to State under a work order("developments') will be jointly owned by us and State. Each party will be free to use, reproduce,and modify the developments for any purpose whatsoever, without any obligation of accounting or payment of royalties, provided that State agrees to limit its use, reproduction and modification of developments for its internal business operations. Each party shall be the sole owner of any modifications that it makes based on the developments. All rights not expressly granted are reserved. j. State Responsibilities. The State understands that our performance may be dependent on the State's timely and effective satisfaction of the State's responsibilities under the agreement and timely decisions 50 and approvals by the State. We shall be entitled to rely on all decisions and approvals of the State in connection with its services under this agreement. k Surcharge Fee & Summary of Total Sales: We will pay the State or its assignee a surcharge fee of 1 %on the amount of payments received by us from you for Services provided to you under this agreement. The surcharge fee will be paid by us and must be included in submitted prices and cannot be added as a separate item. Use of this agreement will be optional by you. After receipt of payment for the services, all surcharge fees shall be payable to the State of Florida no later than 15 days after the end of each quarter. The surcharge fee and contract number should be noted on the check and remitted to the State at the address designated by you. We shall furnish State Purchasing a services report by agency after the end of each quarter. By submission of these services reports and corresponding surcharge deposits, we certify their correctness. All such reports and fee deposits shall be subject to audit by the State of Florida. Summary information shall include the State contract number, our name and the total of each service provided. Failure to comply with these requirement, after the notice and cure period specified in Section 6 of the agreement, will result in us being found in default, in which case any and all re procurement costs and all outstanding surcharge fees may be charged against us and may result in immediate, unilateral cancellation of this agreement. II. Effect of Amendment. Except as specifically amended by this amendment, all provisions of the agreement identified above shall remain unchanged and in full force and effect. This amendment is not legally binding until executed by both parties and shall become effective on the date of signature of the contracting Microsoft affiliate. When this amendment is fully executed, you will receive a confirming copy. You must execute and return two (2) copies of this amendment to the below address on or before January 15, 2001, in order for the terms and conditions of this amendment to apply. Microsoft Corporation Attn: MCS, Public Sector 5335 Wisconsin Avenue,NW Suite#600 Washington, DC 20015 51 MICROSOFT SERVICES AGREEMENT TERMS AND CONDITIONS EXHIBIT B SUPPORT SERVICES DESCRIPTIONS OFFERED BY MICROSOFT CORPORATION AS OF THE EFFECTIVE DATE OF THE MICROSOFT SERVICES AGREEMENT (Actual support services to be provided by Microsoft will be those described in any Services Description(s) executed by Microsoft and the State of Florida or any of its affiliates) [ATTACH CURRENT SERVICE DESCRIPTIONS] 52 MICROSOFT SERVICES AGREEMENT WORK ORDER TEMPLATE MICROSOFT CONSULTING SERVICES MICROSOFT SERVICES AGREEMENT WORK ORDER NO. - (MCS ) This work order is made pursuant to the Microsoft Services Agreement (the "agreement") effective on , by and between ("you" or "yours")and Microsoft Corporation ("we", "us" or 'bur") and is incorporated therein by reference. 1. Services. We shall perform the services identified below for you. Dates provided herein are estimates only. 2. Rates. The hourly rates shown below shall be applicable to this work order. Any total fee stated herein is an estimate only. We shall invoice you monthly for services performed and expenses incurred during the previous period. Our invoices for payment should be directed to your representative for payment at the address shown below(you will provide). Contact: Mailstop (if any): Address: Telephone: City: Fax: State: Zip: Email: Purchase Order No. (if any): 3. Period of Performance. Services under this work order will begin on The Expiration Date of this work order is or such later date as the work contemplated by this work order has been completed. 4. Ownership and License. [TO BE INSERTED BASED ON NATURE OF WORK ORDER] 5. Indemnification. [MAY BE INSERTED DEPENDING ON NATURE OF WORK ORDER] THEREFORE, the parties have executed this work order in duplicate originals. 53 MICROSOFT CORPORATION [Customer] By: By: Signature Signature Name (Print) Name (Print) Title Title Effective Date Date 54 COMMODITY NUMBERS 252-030-540 MICROSOFT SOFTWARE APPLICATIONS 252-260-540 MICROSOFT SOFTWARE DEVELOPMENT TOOLS 252-590-540 MICROSOFT SOFTWARE OPERATING SYSTEMS 252-920-540 MICROSOFT SOFTWARE UTILITIES 252-920-540 MICROSOFT ENTERPRISE AGREEMENT 973-599-540 MICROSOFT CONSULTING SERVICES 55 MICROSOFT SOFTWARE PRICE SHEET TO VIEW PRICING CLICK ON THE FOLLOWING LINKS: Software& Enterprise Agreement http://www.florida.shi.com Premier Support Pricing Service Pricing 56 Microsoft Corporation ORDERING INSTRUCTIONS NOTE: ALL ORDERS SHOULD BE DIRECTED TO: SPURS VENDOR NUMBER: 91-1144442-127 VENDOR: Microsoft Corporation (A) CONSULTING ORDERS OR INFORMATION: DIRECT INQUIRY TO: NAME AND TITLE: Paul Cotter Engagement Manager ADDRESS: 5335 Wisconsin Ave. N.W.. Suite 600 CITY, STATE, ZIP: Washington, DC 20015 TELEPHONE: 202-895-2033 ORDERING FAX NO.: 425-936-7329 (Attn:Pcotter) REMIT ADDRESS: Same PREMIER ORDERS OR INFORMATION: DIRECT INQUIRY TO: NAME AND TITLE: Erica Marley, Premier Contract Sales ADDRESS: One Microsoft Way, SAMM D 4031 CITY, STATE, ZIP: Redmond. WA 98052 TELEPHONE: 425-704-4768 ORDERING FAX NO.: 425-936-7329 (Attn: Ericama) REMIT ADDRESS: Lock Box 9844510, 1404 Elm Street, 5`h floor CITY, STATE, ZIP: Dallas, TX 75 2 84-45 10 57 MICROSOFT CORPORATION SOFTWARE/BID INFORMATION: DIRECT INQUIRY TO: NAME AND TITLE: Bob Ward, Account Executive ADDRESS: 807 Longmeadow Lane CITY, STATE, ZIP: Tallahassee, FL 32312 TELEPHONE: 850-294-9040 URL HOME PAGE ADDRESS.: www.microsoft.com ELECTRONIC MAIL ADDRESS: boward(a�microsft.com 58 ORDERING INSTRUCTIONS NOTE: ALL ORDERS SHOULD BE DIRECTED TO: All orders except Consulting SPURS VENDOR NUMBER: F-223009648-001 VENDOR: Software House International (P) STREET ADDRESS OR P.O. BOX: 2 River Drive CITY, STATE, ZIP: Somerset,NJ 08873 TELEPHONE: 732-868-8766 TOLL FREE NO.: 800-543-0432 ORDERING FAX NO.: 732-868-6055 REMIT ADDRESS: P. O. Box 8 5 00-41 1 5 5 CITY, STATE, ZIP: Philadelphia, PA 19178 WILL ACCEPT THE VISA CARD PRODUCT INFORMATION: DIRECT INQUIRY TO: NAME AND TITLE: Michael Bench, Account Executive ADDRESS: 2 Rivers Drive CITY, STATE, ZIP: Somerset, NJ 08873 TELEPHONE: 352-597-2880 ORDERING FAX NO.: 800-543-0432 URL HOME PAGE ADDRESS: http://www.florida.shi.com ELECTRONIC MAIL: michael benchna shi.com (Rev 30 April 02) 59 Amendments - Amendment 8 (19 February07) /Amendments / Principle Technology: Mi... Page 1 of 2 Skip to Main Content. Please Contact_Us if there is anything we can do to improve the Accessibility of this page. Rate this Contract View Survey Results Amendment 8 ( 19 February07) February 19, 2007 MEMORANDUM NO.:(255-001-01-1)-8 TO:User Agency & Other Eligible Users FROM:Director, State Purchasing SUBJECT:Contract No. 255-001-01-1 Title:Principle Technology:Microsoft Software, Maintenance & Services The single authorized Large Account Reseller, Software House International (SHI), for this contract has been renewed from April 1, 2007 through March 31, 2008 at the same terms, prices, and conditions. Any questions or problems in delivery or service that may arise regarding this contract should be directed to the Contract Administrator. DSP/ 08/02/2007 Principle Technology: Microsoft License, Maintenance, & Services . Price Sheets - Software & Enterprise Agreement . Price Sheets - Premier Support Pricing . Price Sheets - Service Pricing . Contractors - Microsoft Corporation (Consulting Services) (A) . Contractors - Software House International (Software) (P) . Amendments o Amendments - Amendment 8 (19 February07) o Amendments - Amendment 7 (24 March 06) o Amendments - Amendment 6 (17 August 05) o Amendments - Amendment 5 (31 March 04) http://dms.myflorida.com/business_operations/state_purchasing/vendor_information/state_c... 8/2/2007 Amendments-Amendment 8 (19 February07) /Amendments/Principle Technology: Mi... Page 2 of 2 o Amendments - Amendment 4_(_23 February 05) o Amendments - Amendment 3 (22 )anuar)t 04) o Amendments - Amendment 2 (11 August 03) o Amendments - Amendment 1 (30 April 02) . Complete Contract- Microsoft Word . Complete Contract PDF . MyFloridaMarketPlace Users Return to State Contracts, Agreements and Price_Lists Terms and Conditions I Help Desk I Privacy Statement I Accessibility Copyright OO 2007 Department of Management Services - State of Florida http://dms.myflorida.com/business operati on s/state_purchasing/vendor_information/state_c... 8/2/2007 SHLCOM - Your Home: Article Detail Page 1 of 1 r r e r r r r The SHI Daily Headl-ine: Microsoft Government & Academic Contract Pricing SHI is the sole contract provider on State contract number 255-001-01-1.The expiration date of the Government contract is 05-31-09. The expiration date of the Academic contract is 2/28/10. Please note that all government pricing is based off of Level D Select and All Academic is based off of level A. Documentation and Media are not included in the license prices but are available on the spreadsheet titled "Media&Dots". Keyless CDs: all products in the MS Office family are now being shipped by MS without keys.To obtain the key that will work for every product in the keyless Office family call 1-888-352-7140. Inform MS that you are part of the Select(not Open)agreement with the state and provide your enrollment#. The enrollment#for academic institutions is 4394910. The enrollment#for government agencies is 4865067. Licenses: Microsoft does not ship license certificates. Proof of purchase is the license to use Microsoft products. PLEASE NOTE: PRICING FOR MICROSOFT'S NEW PROGRAM, SOFTWARE ASSURANCE,WILL BE AVAILABLE AT THIS TIME. PLEASE CALL THE Florida TEAM AT 800-543-0432, OR YOUR ACCOUNT EXECUTIVE, FOR FURTHER INFORMATION REGARDING THE GRACE PERIOD THAT MS HAS OFFERED FOR UPGRADE ADVANTAGE LICENSES AND FOR MORE DETAILED PROGRAM INFORMATION. Attachments: Microsoft.AcadJuly2007.x1s M icrosoftGovJ uly2007.xls Q1 ©2007 Software House International-All Rights Reserved This site is owned and maintained by Software House International for the use of its State of Florida customers. ISO 9001 Contact: 1-888-764-8888 1 SHI Privacy Statement http://www.florida.shi.com/Global/ECommerce/NewsArticleView.asp?SHIArticleID=584 8/2/2007 SHI Quote#2226715 Page 1 of 1 SHI Quotation#°2226715 Created On: Jul-18-2007 Valid Until: Aug-17-2007 City of Dania Beach Account Executive Chuck Cook Thomas Naelon 100 West Dania Beach Blvd. 18069 SW 152nd Ave. Dania Beach,FL 33004 Miami,FL 33187 Phone:954-924-3636 Phone:305-971-5266 Fax: 954-921-2604 Fax: 305-971-5283 Email: ccook@ci.dania-beach.fl.us Email: thomas_naelor@shi.com Al Prices are in US Dollar(USD) Product Qty Your Price Total 1 MS Enterprise Desktop-SA Annual Payment-Office PrWrin Pro/BO CAL 100 $159.85 $15,985.00 MICROSOFT-Part#:A01-00039-SA 2 MS Enterprise Desktop-USA Annual Payment-Office Pro/Wn Pro/BO CAL 15 $251.00 $3,765.00 MICROSOFT-Part#:A01-00039-SA 3 Windows Svr Std VYin32 Listed Languages SA MVL EA Renewal Annual Payment 3 $124.77 $374.31 MICROSOFT-Part#:P73-00225 4 Exchange Svr Listed Languages SA MVL EA Renewal Annual Payment 1 $121.29 $121.29 MICROSOFT-Part#:312-02357 5 SQL Svr Standard Edtn Listed Languages SA MVL EA Renewal Annual Payment 1 $115.48 $115.48 MICROSOFT-Part#:228-01722 6 Sys Mgmt Svr Ent Ed Listed Languages SA MVL EA Renewal Annual Payment 1 $99.48 $99.48 MICROSOFT-Part#:271-01148 Total $20,460.56 file://C:\Documents and Settings\ccook\Local Settings\Temporary Internet Files\OLK74\SH... 8/2/2007 CITY OF DANIA BEACH Agenda Item # 70 Agenda Request Item Date of Commission Meeting: 8/14/2007 Adopt Resolution x Adopt Ordinance (1st Reading) E] Adopt Ordinance (2nd Reading) El Award Bid /RFP El Presentation F-1 Continued from: ............... spa/k Mork offy a iptopriate Action or Motion) IT VAR, Resolution to continue 50/50 Sidewalk Program. D To continue popular program and meet code issues. k.: 41 03 D 9 t, bk�lgrm r N r.M 9�il.M in com 1) is, es , NHNNET A P"I Provides necessary funding to continue 50/50 Sidewalk Program. ONLY Dept: 4101 Public Services Streets Acct#: 001-4101-541.46-60 Amt: $30,000.00 Fund: General: X water: ❑ sewer: ❑ Stormwater: 7 Grants: El capital: El Aw mix_ nn-RMr .O . R`Rj anaion arund iRp P,- See memo 'MO�!!� a mpact/C© S4mmry e.i�i mt ' YF t t3€F r...,..... .. ..r- ..i� - . .... . ' Resolution Memo Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 8 Exhibit 7 Exhibit 8 t7oxtzed:SignaturesNkh Submitted by Leo Williams Date 08/03/07 Department Director Dominic Orlando Date 08/06/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date City Attorney Thomas J. Ansbro Date 08/06/07 CAy Manager Ivan Pato Date 08/07107 u x t f' 9nm { 9 P �,.�.�, F. '£..n p% �Se iagtdvi`}�:?ttry _a r as :: t �w:ate i Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-144 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE REPLACEMENT AND INSTALLATION OF SIDEWALK SERVICES IN AN AMOUNT NOT TO EXCEED $30,000.00 IN FISCAL YEAR 2006-2007, FROM MEF CONSTRUCTION INC. UNDER SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP BID 905-06-012; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of $15,000.00 without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission; and WHEREAS, the City Manager has determined that it is necessary to purchase replacement and installation of sidewalk services for City uses; and WHEREAS, Resolution Numbers 2007-035 and 2007-127 were approved for $115,000.00 for sidewalk repairs for fiscal year 2006-2007; WHEREAS, additional services will be required before the end of the current fiscal year for a projected cost of not to exceed $30,000.00; and WHEREAS, revenues derived from the "50-50 Sidewalk Program" is $31,000.00 higher than projected due to the number of notices of violations issued; and WHEREAS, the City Manager has determined that such replacement and installation of sidewalk services can be purchased at the least cost to the City from MEF Construction Inc., under Southeast Florida Governmental Cooperative Group Bid #05-06-012, a copy of which is attached and made a part of this Resolution as Exhibit"A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City is authorized to engage the services of MEF Construction Inc., for the replacement and installation of sidewalks in an amount not to exceed $30,000.00 for the remaining of Fiscal Year 2006-2007. Section 2. That the Director of Finance is authorized to increase the appropriation of the revenue budget for the "50-50 Sidewalk Program" and the expenditures for the Streets Repairs at the Streets Division. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on 12007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-144 (34/10/2007 03:27 STRP[HUNE-EFIGINEEPING 4 3056228001 h10.610 V01 2Cw I 0: ii) li:5i CIT. HAL. 1441t] 01;01 City of Miami Gardens 1515 rlit. 167"Street: Bldg. 57 Suite ^00 iall,i Gardens.Florida 33169 -April 10,2007 ,,Ar Ricky Diaz Stlaiglildine Engineer 118 RE: Bid e.05-06.O12.INTSTALUxTTON OF STJDI:�'WALKS Dent Mr.Diaz: The specifications it the about referenced bid provide that the current con"ri can be renewed anni ally not to tcceed a rNa\imum of two (2) year!,, The same Terms and colldition: and pricing of the cltffcnt contract will be applied to tile i c,,Ktondcj contract Inasmuch as the currant contract will expires on or about July 1, 2001, 01.- hliam! Gardens is a,.4-.ending this agreement through July 1. 2008. if you c"Tlc;v'- plem sign below an I rerun,to riv attention as soon as possible. Please not fy yoltr i 1sumnee carrier of the cmerided period of award ;i,od h?tl diem fomard any ret ewal insurance certificates to MY Office I want to thank you for all of the scivice you and you, company h5N c pro4 ided This past year and loc k forward to your continued service in the Corning sC31 If you have any ques ions or i f I can be of any assistance contact InY Oflitx nw r c I y Pon 11lompso CPI O.CPPB Procure-Ina Magi r Agree to renew contract mfil 07JOV-00S Do not agree to renew contract until 07,'01/200" City of_%lia771i Gardens 1515.2DO 1\\V 10111 StxeaT ^1M Mayor Shirley Gibson g91 D'liami Gaxdcns,Florida 33169 �4T ; ��N\ Vice Mayor Oscar Braynon it '0 Councilman Melvin L Branon Councilman Aaron Campbell Councilman Ulysses Harvard Councilwoman Sharon Pritchett Councilwoman Barbara Watson �20o MEMORANDUM To: Mayor and City Council From Dr. Danny O Crew City Manager Date. June 14, 2006 Re: Proposed Resolution authorizing the City Manager to issue purchase orders for sidewalk replacement and installation services on an as needed basis The City's Public Works Department continues to install, repair and replace sidewalks throughout the City on an as needed basis. The current contract which City Council awarded on July 27, 2005, for this service will expire on July 29, 2006 Funding for this expenditure is provided in the Transportation Fund. The City acting as a lead agent for the Southeast Florida Governmental Cooperative Group prepared specifications and advertised the bid document #05-06-012, on April 21, 2006. A broadcast notice was sent to 362 vendors Twenty-four bid packages were requested. The bids were opened on May 25, 2006 Seven bids were received and publicity read. (see attached bid tabulation) Bids were evaluated for compliance with the specifications and their ability to perform the work. The apparent low bidder, TRW, Contracting Inc. requested to withdraw their bid. The references were checked by staff and found favorable for the primary and secondary contractor All references were found favorable The specifications require award to a primary and secondary contractor. The second and third apparent low bidders, are primary —Straightline Engineering Group, located 'n Hialeah, Florida and secondary — MEF Construction, Inc , located in Miami, Fiorida J-3) CONSENT AGENDA I RESOLUTION STRAIGHTLINE EN(;MTER]NG GROUP,INC. i Recommendation: That the City Council approve the attached resolution awarding a bid to Straightline Engineering Group, Inc and MEF Construction, Inc. in an amount not to exceed the allocated budget and authorizing the issuance of purchase orders for replacement and installation of sidewalks on an as needed basis The Southeast Florida Govenmental Cooperative Cities participating in this solicitation are has follows: City of Sunrise; City of Hallandale Beach, City of Deerfield Beach, Town of Davie; City of Miramar; City of Pompano Beach, City of Coconut Creek, City of Lauderdale Lakes, City of Margate and City of North Miami 2 RESOLUTION NO. 2006-59-405 RESOLUTION No 2006-59-405 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO STRAIGHTLINE ENGINEERING GROUP, INC, AS PRIMARY, AND MEF CONSTRUCTION, INC., AS SECONDARY, FOR THE REPLACEMENT AND INSTALLATION OF SIDEWALKS ON AN AS NEEDED BASIS, AND IN ACCORDANCE WITH THEIR RESPONSES TO BID DOCUMENT #05- 06-012; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS ON AN AS-NEEDED BASIS, PROVIDING FOR THE ADOPTION OF REPRESENTATIONS, PROVIDING AN EFFECTIVE DATE WHEREAS, the City's current contract for sidewalk replacement and repair expires on July 29, 2006, and WHEREAS, the City acting as a lead agent for the Southeast Florida Governmental Cooperative Group prepared specifications and advertised bid document #05-06-012 on April 21, 2006, and WHEREAS, seven responsive bids were received, publicity read, evaluated for compliance with the specifications and their ability to perform the work, and WHEREAS, the apparent low bidder, TRW, Contracting Inc has requested to withdraw their bid, and WHEREAS, the second and third apparent low bidders, are Straightline Engineering Group ("Straightline"), located in Hialeah, Florida and MEF Construction, Inc ("MEP'), located in Miami, Florida, and WHEREAS, both Straightline and MEF are capable of performing the services, and their references have been checked and WHEREAS, the City Manager is recommending that the City utilize the services Facie 1 RESOLUTION NO.2006-59-405 of Straightline and MEF to provide the services, WHEREAS, funding for this expenditure is provided in the Transportation Fund, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS- Section 1 ADOPTION OF REPRESENTATIONS The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution Section 2. AWARD OF BID The City Council for the City of Miami Gardens, hereby awards a bid to Straightline Engineering Group, Inc, as primary and MEF Construction, Inc., as secondary for the replacement and installation of sidewalks on an as needed-basis, and in accordance with their responses to bid document#05-06-012 Section 3. AUTHORIZATION: The City Manager is hereby authorized to issue Purchase Orders to Straightline Engineering Group, Inc, as primary and MEF Construction, Inc., as secondary on an as-needed basis. Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JUNE 14, 2006 ATTEST / SHIRL GIB ON, MAYOR RONETTATAYLOR;'CMC, CITY CLERK Pace 2 RESOLUTION NO. 2006-59-405 Prepared by SONJA KNIGHTON DICKENS, ESQ City Attorney SPONSORED BY DANNY 0. CREW, CITY MANAGER MOVED BY: Vice Mayor Braynon SECONDED BY: Councilwoman Watson VOTE: 7-0 Mayor Shirley Gibson -x(Yes) `(No) Vice Mayor Oscar Braynon, II x (Yes) _(No) Councilman Melvin L Bretton x (Yes) _(No) Councilman Aaron Campbell x (Yes) _(No) Councilman Ulysses Harvard x (Yes) _(No) Councilwoman Sharon Pritchett x (Yes) _(No) Councilwoman Barbara Watson x (Yes) _(No) 106B6B_1 DOC Pane 3 City of Dania Beach Department of Public Services 100 West Dania Beach Blvd Dania Beach, FL 33004 .(954)924-3741 •(954)-923-1109(fax) TO: Mayor Robert Anton Vice Mayor Albert Jones Commissioner John Bertino Commissioner Anne Castro Commissioner Patricia Flury FROM: Ivan Pate, City Manager VIA: Dominic F. Orlando, P.E. Director of Public Services Date: August 3, 2007 RE: Approval of 50/50 Sidewalk Funding Introduction and Background The City has a 50/50 sidewalk program available to residents. The City and residents split the cost equally for the sidewalk repair/replacement. Resolution No. 2007-127 approved $35,000.00. As a result of increased Code Enforcement and the City of Dania Beach popular 50/50 sidewalk program, extra funding in the amount of$30,000 is being requested. Staff recommends using existing contract with Straightline Engineering Services and MEF Construction Inc. under Southeast Florida Government Cooperative Group Bid #05-06-012 to provide these services. Recommendation It is recommended that the City Commission approve a resolution for the work in the amount of$30,000.00, and authorize the City Manager to execute same. Page 1 CITY OF DANIA BEACH Agenda Item # 7 a Agenda Request Item Date of Commission Meeting: 8/14/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: l p .a r0 date%idlUf# Mot/anOEM _0121ffl G ,us Wiz"e sett,. Approval of Resolution to continue purchases of bulk high-calcium quicklime from Carmeuse Lime, Inc. r~tianl is NecessaryMW Allows continuation of purchases of Chemical supplies needed for Water Plant Operation. .. tlttxf;Accoplishes § i tlils a f6F .... M 101 m a�= Continues Water Plant operation at locked in co-op pricing. ' RCq UBStS't)�fl.Y .i'r 3.`a Fa�fC� i ��," �r k ��4:d�4e �u �" Dept: 3303 Water Utility Water Plant Acct#: Amt: Fund: General: ❑ Water: ❑X sewer: ❑ stormwater: ❑ Grants: ❑ Capital: ❑ y{ �� n mnre i i.p .. E S tl� 3 dt. '.1 T ._,:_.,, 'Ixt Ianation/Bckground tr"! ;rr.E c.,,.a�,"PC a�" i..e k.. 1. ��a Ef�.'! `!✓I See memo p 7 NGfIGOSt Summa €$ ki.kIttached Resolution Memo Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 8 Exhibit 7 Exhibit 8 tt[i6,z Signatures -r Submitted by Leo Williams Date 08/03/07 Department Director Dominic Orlando Date 08/06/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 08/06/07 City Attorney Thomas J. Ansbro Date 08/06/07 City Manager Ivan Pato Date 08/07/07 gglhp NICE H .y F x i Commission Action: Approved: ❑ Denied: ❑ continued to: ❑ RESOLUTION NO. 2007-145 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE BULK HIGH- CALCIUM QUICKLIME FROM CARMEUSE LIME, INC., IN AN AMOUNT NOT TO EXCEED $30,000.00 IN FISCAL YEAR 06/07, UNDER THE CARMEUSE PROPOSAL OF CITY OF TAMARAC BID 406-3313; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of $15,000.00 without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission; and WHEREAS, the City Manager has determined that it is necessary to purchase bulk high- calcium quicklime for City uses; and WHEREAS, the City Manager has determined that such bulk high-calcium quicklime can be purchased at the least cost to the City from Carmeuse Lime, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proposal from Carmeuse Lime, Inc., for the purchase by the City of bulk high-calcium quicklime in an amount not to exceed $30,000.00 in Fiscal Year 06/07, pursuant to the Carmeuse proposal of City Of Tamarac BID #06-33B, a copy of which is attached and identified in Exhibit "A", is approved and the City Manager is authorized to pay Canneuse Lime Inc., for such chemicals from the Water Budget for the Fiscal Year 2006-07. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on 2006. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-145 i hereby WRY that this docuw"Is a but Temp Reso #11032 RRnd oo id copy of e,� Page 1 o —2)QL October 5, 2006 • quorlglnefofaMehbonflktnClryHeq. WRNEssMY14ANDANDOFFICIALSEAI. CITY OF TAMARAC, FLORIDA OFTHEpTYOFTAMARAC, FUDA. deya9 . '� ESOLUTION NO. R-2006- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING ' THE APPROPRIATE CITY OFFICIALS TO AWARD BID #06-33S, "FURNISH, DELIVER AND DISCHARGE OF QUICKLIME" TO, AND EXECUTE ' AGREEMENTS WITH, CHEMICAL LIME COMPANY OF ALABAMA, INC. FOR THE CITY OF TAMARAC AND ON BEHALF OF FIFTEEN MEMBERS OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE; AND WITH CARMEUSE LIME SALES CORPORATION ON BEHALF OF TWO MEMBERS OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE, FOR A PERIOD OF ONE YEAR WITH FOUR (4) ADDITIONAL ONE-YEAR RENEWAL OPTIONS, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Tamarac served as "lead agency" on Bid 06-33B, "Fumish, Deliver and Discharge of Quicklime" issued on behalf of the Southeast Florida Governmental Purchasing Cooperative ("the Co-op"). Eighteen governmental agencies will utilize this bid to purchase approximately 59,000 tons of quicklime for the Co-cp; of which approximately 2100 tons will be purchased for the City of Tamarac, a copy of said bid is attached hereto as Exhibit "A"; and WHEREAS, the City of Tamarac publicly advertised Bid 06-33B, "Fumish, Deliver and Discharge of Quicklime" in the Sun-Sentinel on September 6, 2006 and September 13, 2006;and Temp Reso#1108?,., �...-•,�cb►''' fir e, - D • I . . ,. ...c.. ..J WHEREAS, seven (7) vendors were solicited; and iyRo (2j..bjd ,jnrefe opened and reviewed to determine cost and responses iveggss to the s �. specifications; and WHEREAS, Chemical Lime Co. submitted a delivered bid price of$176.91 per ton for the City, and prices as shown on the bid tabulation for other members of the Co-op, for an approximate total cost to the City of Tamarac of$371,511, a copy of the bid tabulation is attached hereto as Exhibit "B": and WHEREAS, Chemical Lime Co. was deemed the lowest responsive and responsible bidder for the City of Tamarac, and for fifteen (15) of the members of the Co-op, with a copy of the bid submitted attached hereto as Exhibit "C and WHEREAS, Carmeuse Lime Sales Corporation was deemed the lowest '. • responsive and responsible bidder for two (2) members of the Co-op, with a copy of the bid submitted attached hereto as Exhibit"D"; and WHEREAS, the City of Tamarac, acting as lead agency for the Co-op acts on behalf of the Co-op when awarding contracts for quicklime; and WHEREAS, sufficient funds are available from the Utilities Department Operating funds; and WHEREAS, it Is the recommendation of the Director of Utilities and Purchasing and Contracts Manager that Bid #06-33B be awarded to and an agreement executed with Chemical Lime Company of Alabama, Inc. for furnishing, delivering and discharging quicklime, for a period of one year with four (4)additional one (1)year renewal options for the City of Tamarac, and on behalf of fifteen (15) agencies in the Co-op; and Temp Reso#11082 Page3 • October 5, 2006 WHEREAS, it is the recommendation of the Director of Utilities and Purchasing and Contracts Manager that Bid #06-33B be awarded to and an agreement executed with Carmeuse Lime Sales Corporation for fumishing, delivering and discharging quicklime, for a period of one year with four (4) additional one (1) year renewal options on behalf of two (2) agencies in the Co- op;and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the residents of the City of Tamarac to award Bid 06- 33B and execute an agreement with Chemical Lime Company of Alabama, Inc. for fumishing, delivering and discharging quicklime, for a period of one year with four(4) additional one (1) year renewal options, on behalf of the City of Tamarac • and fifteen (15) agencies in the Southeast Florida Governmental Purchasing Cooperative, and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the residents of the City of Tamarac to award Bid 06- 33B and execute an agreement with Carmeuse Lime Sales Corporation for fumishing, delivering and discharging quicklime, for a period of one year with four (4) additional one (1) year renewal options, on behalf of two (2) agencies in the Southeast Florida Governmental Purchasing Cooperative • Temp Reso#11082 Page 4 October 5, 2006 • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The award of Bid 06-33B, "Furnish, Deliver and Discharge of Quicklime", to Chemical Lime Company of Alabama, Inc., on behalf of the City of Tamarac and fifteen (15) agencies in the Southeast Florida Governmental Purchasing Cooperative, is HEREBY AUTHORIZED. SECTION 3: The appropriate City officials are hereby authorized to execute an agreement with Chemical Lime Company of Alabama, Inc. as part of • said award, a.copy of which is attached hereto as Exhibit "E" for a delivered price of$176.91 per ton, and for prices shown in Exhibit "B" on behalf of fifteen entities within the Southeast Florida Governmental Purchasing Cooperative. SECTION 4: The award of Bid 06-33B, "Furnish, Deliver and Discharge of Quicklime", to Carmeuse Lime Sales Corporation, on behalf of two (2) agencies in the Southeast Florida Governmental Purchasing Cooperative, is HEREBY AUTHORIZED. SECTION 5: The appropriate City officials are hereby authorized to execute an agreement with Carmeuse Lime Sales Corporation as part of said award, a copy of which is attached hereto as Exhibit "F" for prices as shown in Exhibit "B" on behalf of two (2) agencies in the Southeast Florida Governmental • Purchasing Cooperative. Temp Reso #11002 Pages October 5, 2005 SECTION 6: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. SECTION 7: If any clause, section, other part or application of the Resolution Is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 8: This Resolution shall become effective immediately upon Its passage and adoption. PASSED, ADOPTED AND APPROVED this day of Ork0 eC 2006. BETH FLANSBAUM-TALABISCT MAYOR ATTEST: (9 J �i.LO_A I N✓�.nt,,24, / RECORD OF COMMISSION VOTE: MARION SWENSON,CIVIC MAYOR FLANSBAUM-TALABISCO CITY CLERK DIST 1: WM PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: COMM.SULTANOF DIST 4: COMM.DRESSLER I HEREBY CERTIFY that I have approved this RESOLUTION as to form. UEL S.15JbRE CITY ATTORNEY • EXHIBIT"A"TO TEMP. RESO. 11082 INVITATION FOR BID #06-33B • FURNISH, DELIVER AND DISCHARGE OF QUICKLIME ON FILE IN THE OFFICE OF THE CITY CLERK TR 11082 B m M • m V 0 OO NO ON OO 0O OO O OO OO On OO OO Np OO O V 0 000. N0 Om0 (0 C 0 h O r O C N nqpp0ONNO V b � T (l7 •C N (q ( 0 co 0 co O E a Ch V 0MOe h ' nn wrvN O m M N rQQ NNNa N co M 0 M M M V% M w WNW® O 0 .110 r n m 0 o n o 0 0 o n n n n r n m n n N v� v� n u� u> in v� M M In V.- N N M N N N f N M M M M M M. M. 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I" r • Ol O P 1� n r C) r a 0/ N OI OI Oi H H H O O O O O O n n F N H H 8 N 0 to 7 f� u 3O • � O T U) FF = EXHIBIT "C"TO TEMP. RESO. 11082 BID SUBMITTED BY CHEMICAL LIME CO. ON FILE IN THE OFFICE OF THE CITY CLERK • EXHIBIT"Do TO TEMP. RESO. 11082 BID SUBMITTED BY CARMEUSE LIME SALES CORPORATION. i ON FILE IN THE OFFICE OF THE CITY CLERK i i G TR 11082 EXHIBIT E AGREEMENT BETWEEN THE CITY OF TAMARAC AND CHEMICAL LIME CO.OF ALABAMA, INC. THIS AGREEMENT is made and entered into this 9,day of tktDbfC 20.& by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the"CITY") and Chemical Lime Company of Alabama, Inc., (Chemical Lime), an Alabama corporation with principal offices located at 4720 Cleveland Heights Boulevard, Suite 203, Lakeland;FL 33813 (the"Contractor")to Furnish Deliver and Discharge Quicklime for the City of Tamarac, and participating agencies in the Southeast Florida Governmental Purchasing Cooperative (The"CO-OP")as shown in Exhibit A herein. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1)The Contract Documents The contract documents consist of this Agreement, Bid Document No. 06-33B, "Fumish, Deliver and Discharge Quicklime", including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical • Specifications, all addenda, the Contractor's bid/proposal included herein, Contract Exhibit A, which lists specific agencies awarded, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between Bid Document No. 06-3313, "Furnish Deliver and Discharge Quicklime", as issued by the City, and the Contractor's Proposal, Bid Document No. 06-33B, as issued by the City shall take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2)The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to Furnish, Deliver and Discharge Quicklime in accordance with the Technical Specifications, terms and conditions contained in Bid Document 06-33B, 'Furnish, Deliver and Discharge Quicklime" for agencies listed in Contract Exhibit A. 2.1.2 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety • rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a � AgreeTenl • competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.1.3 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 2.1.4 Contractor shall be required to complete the "Contractor Pass Request Form" (See attached Exhibit A to Bid Document No. 06- 33B), with photo identification of all personnel authorized to be on premises at City delivery sites. This forth will be sent to the awarded vendors)with the notification of award letter. 2.1.6 Personnel additions and/or deletions shall be reported to the City's designated representative in writing, via tax to a number to be provided by the using agency, within twenty four (24) hours of the personnel change, by modification of the names submitted on the original Contractor Pass Request Form. 2.1.6 All personnel shall check-in with the Security Guard or Operator on duty immediately upon arrival at any delivery location. Photo . identification, purpose of visit, and name of City staff contact, shall be required for entry. 2.1.7 Contractor shall ensure that only authorized Contractor employees and/or authorized City personnel shall have access to Contractor/City vehicles, work site, equipment, work products, reports, electronic data and any/all other information pertaining to the City. Contractor shall not admit any unauthorized personnel onto any work site. Contractor will not release, discuss or share any information on systems, equipment and/or operations, to any non- City personnel. 2.1.8 Upon leaving premises, all personnel shall be required to check out with the Security Guard or Operator on duty. 3) Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such forth and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ----...__._..—. 2 ------------------ Agreement • ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractors Liability Insurance policies. 4)Term The term of this Agreement shall be for an initial one (1) year period, beginning November 1, 2006 through October 31, 2007. The City reserves the right to renew this Agreement for four (4) additional one (1) years periods subject to the Contractor's acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 6)Contract Sum The Contract Sum for the above work is One Hundred Seventy-Six Dollars and Ninety-One cents ($176.91), delivered cost, per ton for the City of Tamarac, and pricing as shown in Contract Exhibit A for other participants In the Agreement. The Contract • sum includes all labor, materials and freight charges for the job also known as Bid No. 06-33B, Furnish, Deliver, and Discharge Quicklime at the City of Tamarac Water Treatment Plant. Pricing for other entities within the Southeast Florida Governmental Purchasing Cooperative will be in accordance with Contractors Bid Form, contained with Contractors Bid response. All prices, terms and conditions shall remain firm for the initial period of the contract, except for allowances for fuel surcharges, as provided in Exhibit B to Bid document No. 06-33B. No price Increase for quicklime material will be accepted during the initial contract period. Contract terms allow for a price Increase request at the time of contract renewal based on actual costs or in accordance with a recognized index or set of indices to be mutually agreed upon by City and Contractor. To qualify for this increase, the vendor must submit justification and written verification from freight/fuel distributor(s) to the Purchasing Division prior to Initial contract term expiration. 6)Payments A monthly payment will be made for work that is completed, accepted and properly Invoiced, The City shall pay the Contractor for work performed subject to the specifications of Bid 06-33B. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII; Chapter 218. ----- -- 3 - —� Agreenenf • 7)Warranty Contractor warrants the material to be acceptable for the use for which lt is intended, and all applicable warranties shall be granted in accordance with the Unitorm Commercial Code of the State of Florida. Contractor shall be responsible for any damages caused by defect to affected area or to equipment, as detailed in Section 5, of the Special Terms and Conditions for Bid document No. 06-338 as issued by the City. 8)Indemnification 8.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal Injury, or property damage, including toss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 8.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. I. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorneys fees)and costs. ii. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 8.3 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28. as amended from time to time. 9) Non-Discrimination t£ Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status,sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, 4 '— Agreeinen! • color, gender, national origin, sex, age, marital status; political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 10) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractors activities and responsibilities hereunder provided, • further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractors funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 11) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 12) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail,.atr or ground courier services, or by messenger service, as follows: 5 Ag�eemanf • CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody& Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR John Thompson Florida District Manager Chemical Lime Co. of Alabama, Inc. 4720 Cleveland Heights Blvd., Suite 203 Lakeland, FL 33813 13) Termination . 13.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 13.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty(30) days after receipt by Contractor of written notice of such neglect or failure. 14)Uncontrollable Forces 14.1 Neither the City nor Contractor shall be considered to be in default of this Agreement I delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention . or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It Agrewwnl • includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic,war, riot, civil disturbance, sabotage, and governmental actions. 14.2 Neither party shall, however, be excused from performance if nonperformance Is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 15)Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject-to termination based on lack of funding. 16)Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in • Broward County, Florida. 17) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18) Severability;Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. • -- — 7 Agreement • 20)No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. Remainder of Page Intentionally Blank • 8 Agreement • IN WITNESS WHEREOF,the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its Florida District Manager duly authorized to execute same. CITY OF TAMARAC Beth Flansbaum-Talabisco, Mayor Dated I . ATTEST: Jeffre . Milller, City Manager L �L2(n lk - Marion Swenso , CIVIC Date City Clerk ►nlaolo � Approv as f and Is iciency: • Dath Ci Attorney Date ATTEST: CH • ICyAL LIME CO. OF ALASAMA,INC. � Co Nam Signature of orpomte 8=-&tarp 41giatureArida District Manager Assistant Secretary marcelino Rodriguez John Thompson Type/Print Name of Corporate Seey. Florida District Manager Assistant Secretary October 5, 2006 (CORPORATE SEAL) Date • -- —g -- •'— —� Agreernenr • CORPORATE ACKNOWLEDGEMENT STATE OF Florida :SS COUNTY OF Polk I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared John Thompson, Florida District Manager of Chemical Lime Co. of Alabama, Inc., an Alabama Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this.day of October 5 2p 06 " IBl�yl�•@�MFalq Orarrr�esrp'�a Signature of Notary Public fib®1®4�te Aen State of Florida at Large Elizabeth A. Hart Print, Type or Stamp Name of Notary Public ® Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID TAKE AN OATH, OR ® DID NOT TAKE AN OATH. • 10 Agreement CONTRACT EXHIBIT A Agencies to Be Supplied Total Delivered Material Frelgh Unit Price Per Agency Price/Ton Ton Ton Broward Co.Dist.1 $167.00 $9.91 $176.91 Broward Co.Dist 2 $167.00 $9.91 $176.91 Coral Springs $167.00 $9.91 $176.91 Davie 76th Ave $167.00 $9.91 $176.91 Davie 64th Ave. $167.00 $9.91 $176.91 Deerlleld Beach $167.00 $9.91 $176.91 Ft Lauderdale(Five Ash) $167.00 $9.91 $176.91 Ft Lauderdale(Peale-Dixie) $167.00 $9.91 $176.91 Hallandale Beach $167.00 $9.91 $176.91 Lauderhill $167.00 $9.91 $176.91 Margate $167.00 $9.91 $176.91 Miramar $167.00 $10.51 $177.51 North Lauderdale $167.00 $9.91 $176.91 North Miami $167.00 $10.51 $177.51 North Miami Beach $167.00 $10.51 $177.51 Pembroke Pines $167.00 $9.91 $176.91 Pompano Beach $167.00 $9.91 $176.91 • Sunrise(Springtree) $167.00 $9.91 $176.91 Sunrise(Sludgemill) $167.00 $9.91 $176.91 City of Tamarac $167.00 $9.91 $176.91 41 Agreement TK 11082 EXHIBIT F • AGREEMENT BETWEEN THE CITY OF TAMARAC AND CARMEUSE LIME SALES CORPORATION THIS AGREEMENT is made and entered into this day of Octphef 20ig by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the"CITY")on behalf of the Southeast Florida Government Purchasing Cooperative, and Carmeuse Lime Sales Corporation,a Delaware corporation with principal offices located at 11 Stanwix Street, 11°i Floor, Pittsburgh, PA 15222 (the "Contractor") to Furnish Deliver and Discharge Quicklime for participating agencies in the Southeast Florida Governmental Purchasing Cooperative (The"CO-OP")as shown in Contract Exhibit A herein. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1)The Contract Documents The contract documents consist of this Agreement, Bid Document No. 06-33B, "Furnish, Deliver and Discharge Quicklime", including all conditions therein, (General Terms and • Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, Contract Exhibit A, which lists specific agencies awarded, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between Bid Document No. 06-33B, *Furnish Deliver and Discharge Quicklime", as issued by the City, and the Contractor's Proposal, Bid Document No. 06-33B, as issued by the City shall take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2)The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to Furnish, Deliver and Discharge Quicklime in accordance with the Technical Specifications, terms and conditions contained in Bid Document 06-33B, 'Furnish, Deliver and Discharge Quicklime'for agencies listed in Contract Exhibit A. 2.1.2 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety • rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.1.3 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, Its employees, agents or subcontractors, if any, with respect to the work and services described herein. 2.1.4 Contractor shall be required to complete the "Contractor Pass Request Form" (See attached Exhibit A to Bid Document No. 06- 33B), with photo identification of all personnel authorized to be on premises at City delivery sites. This form will be sent to the awarded vendors)with the notification of award letter. 2.1.5 Personnel additions and/or deletions shall be reported to the City's designated representative in writing, via fax to a number to be provided by the using agency, within twenty four (24) hours of the personnel change, by modification of the names submitted on the original Contractor Pass Request Form. 2.1.6 All personnel shall check-in with the Security Guard or Operator on duty immediately upon arrival at any delivery location. Photo identification, purpose of visit, and name of City staff contact, shall be required for entry. 2.1.7 Contractor shall ensure that only authorized Contractor employees and/or authorized City personnel shall have access to Contractor/City vehicles, work site, equipment, work products, reports, electronic data and any/all other information pertaining to the City. Contractor shall not admit any unauthorized personnel onto any work site. Contractor will not release, discuss or share any information on systems, equipment and/or operations, to any non- City personnel. 2.1.8 Upon leaving premises, all personnel shall be required to check out with the Security Guard or Operator on duty. 3)Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance In force throughout the term of this agreement. 3.2. Contractor shall indemnity and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4)Term The term of this Agreement shall be for an initial one (1) year period, beginning November 1, 2006 through October 31, 2007. The City reserves the right to renew this Agreement for four (4) additional one (1) years periods subject to the Contractor's acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 5)Contract Sum The Contract Sum for the above work is as shown for entities listed in Contract Exhibit A, based on a delivered cost, per ton. The Contract sum includes all labor, materials and freight charges for the job also known as Bid No. 06-338, "Furnish, • Deliver, and Discharge Quicklime" for the Southeast Florida Governmental Purchasing Cooperative entities listed in Contract Exhibit A. Pricing under this Agreement shall be in accordance with Contract Exhibit A. All prices, terns and conditions shall remain firm for the initial period of the contract, except for allowances for fuel surcharges, as provided in Exhibit B to Bid document No. 06-33B. No price increase for quicklime material will be accepted during the initial contract period. Contract terms allow for a price increase request at the time of contract renewal based on actual costs or in accordance with a recognized Index or set of Indices to be mutually agreed upon by City and Contractor. To qualify for this increase, the vendor must submit justification and written verification from freight/fuel distributor(s) to the Purchasing Division prior to initial contract term expiration. 6)Payments A monthly payment will be made for work that is completed, accepted and properly invoiced. The City shall pay the Contractor for work performed subject to the specifications of Bid 06-33B. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII; Chapter 218. 7)Warranty Contractor warrants the material to be acceptable for the use for which it is intended, and all applicable warranties shall be granted in accordance with the Uniform • Commercial Code of the State of Florida. Contractor shall be responsible for any damages caused by defect to affected area or to equipment, as detailed in Section 5, of the Special Terms and Conditions for Bid document No. 06-33B as issued by the City: 8)Indemnification 8.1 The Contractor shall indemnity and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 8.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. . I. The Contractor shall pay all claims, tosses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorneys fees (including appellate attorneys fees)and costs. ii. City reserves the right to select Its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 8.3 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 9)Non-Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability If qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall • agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 10)Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and . independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 11)Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 12)Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue • Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody& Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR Bruce D. Routhieaux, Vice President, Sales Carmeuse Lime Sales Corporation 11 Stanwix Street, 11 Floor Pittsburgh, PA 15222 13)Termination 13.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the tenninating party to the other party for such termination in which event the Contractor shall be paid its compensation for services perforated to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to • this termination. 13.2 Default by Contractor. In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30)days after receipt by Contractor of written notice of such neglect or failure. 14) Uncontrollable Forces 14.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces"shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the . exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable • time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 15) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16)Venue This Agreement shall be goy verned b the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 17)Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. • 18) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 20) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedlings • or disputes connected with, arising out of, or involving this Agreement. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through Its Mayor and City Manager, and CONTRACTOR, signing by and through its Vice President of Sales duly authorized to execute same. CITY OF TAMARAC k-��- Beth Flansbaum-Talabisco, Mayor o1a2 Dam—r ,�vt1,w, C. I tA�fw l b ATTEST: Jeffre . Miller, City Manager {.L{ H Marion Swenson, CMC Date City Clerk • 1(I11(d 0 Approve to o nd at fficiency: City Plittorney Date ATTEST: CARMEUSE LIME SALES CORPORATION Company Name n SIgnaturW Corporate Zecretary Signature of Vice President of Sales Michael J. Collingwood Bruce D. Routhleaux Type/Print Name of Corporate Secy. Vice President of Sales Asst. Secretary ` & % C C Vr r Cli -0 ec F (CORPORATE SEAL) Date • CORPORATE ACKNOWLEDGEMENT STATE OF 1 :SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Bruce D. Routhieaux Vice President of Sales of Carrneuse Lime Sales Corporation, a Delaware Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this' d y of 1-e.I 20a, NOTARIAL SEAL Signature of Notary Public Karen L Unle,Notary Public e • r Pittsburgh,Allegheny County My coormb3ion expires April 13,2008 Print, Type or Stamp Name of Notary Public �rsonaliy known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID TAKE AN OATH, OR DID NOT TAKE AN OATH. • • CONTRACT EXHIBIT A Agencies to Be Supplied Material Total Delivered Prlul FralghV Unit Price Per Aaencv Toter Ton Ton City of Dania Beach $100.00 $67.50 $167.50 City of Hollywood—Pebble $100.00 $67.50 $167.50 City of Hollywood—HI Cal $100.00 $67.50 $167.50 • UNANIMOUS WRITTEN CONSENT • OF THE BOARD OF DIRECTORS OF CARMEUSE LIME SALES CORPORATION The undersigned, being all of the members of the Board of Directors of Carmeusc.Lime Sales Corporation, a Delaware Corporation (the"Corporation"), do hereby vote for, consent to, authorize and adopt the following resolutions by unanimous written consent pursuant to Section 141(o of the Delaware General Corporation Law, with the same force and effect as if the undersigned had been present at a meeting of the Board of Directors of the Corporation and had voted for the same: WHEREAS, the Corporation desires to restate its entire list of officers in order to reflect recent changes in the management of the Corporation; BE IT RESOLVED THAT the following persons be, and they hereby are, elected to the offices set forth opposite their names below, to hold such offices until their successors have been duly elected and qualified: Thomas A. Buck President and CEO Philip Johnson Senior Vice President, Sales and Marketing Bruce Routhieaux Vice President of Sales Jack Fabler Vice President Supply Chain • Patrick Worms Chief Information Officer Mary D. Colin Treasurer,Assistant Secretary Kevin J. Whyte Vice President, General Counsel, Secretary John Bigley Assistant Secretary Michael Collrngwood � Assis'tarit Secreta;y� BE IT FURTHER RESOLVED THAT the officers of the Corporation be, and they hereby are, authorized to do or cause to be done any and all such acts and things and execute and deliver any and all documents and papers as they may deem necessary or appropriate to carry out the purposes of the foregoing resolutions;and BE IT FURTHER RESOLVED THAT a copy of this Unanimous Written Consent of the Board of Directors be delivered to the Secretary of the Corporation with direction that it be filed and maintained with the corporate records of the Corporation. IN WITNESS WHEREOF, the unde�igned hav executed thilq Unanimous Written Consent of the Board of Directors as of the�L ay �- 6 ' iTtt fzs A. Buck Philip Johnson • Being all of the Directors of Canneuse Lime Sales Corporation City of Dania Beach Department of Public Services 100 West Dania Beach Blvd Dania Beach, FL 33004 (954)924 3741 •(954)-923-1109(fax) MEMORANDUM To: Mayor Robert Anton Vice Mayor Albert Jones Commissioner John Bertino Commissioner Anne Castro Commissioner Patricia Flury FROM: Ivan Pato, City Manager VIA: Dominic F. Orlando, P.E. Director of Public Services BY: Leo Williams, Public Works Superintendent Date: August 6, 2007 Introduction and Background The 2007 Budget for Calcium Quicklime was based on the 2006 price the City of Dania Beach paid for Quicklime. Chemical costs have increased substantially since 2006. The cost for Quicklime increased from$127.64/ton to $167.50/ton delivered. Staff currently uses Carmeuse Lime Inc for Water Plant Chemical purchases of bulk quicklime and would like to continue purchasing quicklime under the City of Tamarac Quicklime Bid No. 06-033B, (Southeast Florida Governmental Purchasing Cooperative). Staff is asking for authority to continue purchasing from this vendor during the remainder of Fiscal Year 2006-2007. The City of Dania Beach and City of Hollywood were the only cities in the co-op who were offered the price from Carmeuse. All other cities in the co-op receive lime from Chem Lime, Inc. at a higher price/ton delivered. In order to ensure we have enough Calcium Quicklime for the remainder of the year and to pay for three previous loads delivered we will need an additional amount of$30,000.00. Recommendation It is recommended that the City Commission approve a resolution for the additional amount of $30,000.00 and authorize the City Manager to execute same. CITY OF DANIA BEACH Agenda Item # 7 1Y Agenda Request Item Date of Commission Meeting: 8/14/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: -Req"sted Action (Idenfity appropriate Action or Motion) Adopt Resolution authorizing grounds maintenance contract with Prestige Property Management and Maintenance, Inc. Why Action is Necessary Present grounds maintenance contract with Garden of Love was canceled as of July 31, 2007 due to IRS issues. We now need a contract to provide the services for the remainder of the year, while we prepare bid documents or a letter of interest for a new contract. This will provide the grounds maintenance services required by the City. i 4 I+,,,h�tiActIon Accomplishes Since we do not have the necessary staff or the equipment to perform this service in-house, this will address the grounds maintenance work required until a new contract is awarded. PONhaising Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ stt>It.tna frx planation/Back round ` is ' ry., p 9 Ffsal Impact/Cost Summary E? tltiits Attached Resolution Memo Quote from Prestige Quote from Elan Quote from US Lawns Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Autogrized Signatures submitted by Dominic Orlando Date 08/07/07 Department Director Dominic Orlando Date 08/07/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 08/07/07 City Attorney Thomas J. Ansbro Date 08/07/07 Cty Manager Ivan Pato Date 08/07/07 i�ierk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-146 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE LAWN AND LANDSCAPE MAINTENANCE SERVICES IN AN AMOUNT NOT TO EXCEED $31,050.00 FROM PRESTIGE PROPERTY MANAGEMENT AND MAINTENANCE, INC. WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the city government in amounts in excess of Fifteen Thousand Dollars ($15,000.00) without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission and if such purchases are necessary due to unique circumstances; and WHEREAS, the City Manager has determined that it is necessary to obtain lawn and landscape maintenance services from Prestige Property Management and Maintenance, Inc. in an amount not to exceed $31,050.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Manager is authorized to purchase lawn and landscape maintenance services from Prestige Property Management and Maintenance, Inc. in an amount not to exceed $31,050.00. Funding shall be derived from the Streets Division budget. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution shall be repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on 2007. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-146 ict City of Dania Beach Beach .14. Department of Public Services 100 West Dania Beach Blvd Dania Beach, FL 33004 -(954)924-3741 -(954)-923-1109(fax) TO: Mayor Robert Anton Vice Mayor Albert Jones Commissioner John Bertino Commissioner Anne Castro Commissioner Patricia Flury FROM: Ivan Pato, City Manager VIA: Dominic F. Orlando, P.E. Director of Public Services Date: August 7, 2007 RE: Approval of Contract Award to Prestige Property Management and Maintenance, Inc. for grounds Maintenance Introduction and Background Present Grounds Maintenance Contract with Garden of Love was cancelled as of July 31, 2007 due to IRS issues. We now need a contract to provide the services for the remainder of the year, while we prepare bid documents or a letter of interest for a new contract. Since we do not have the necessary staff or equipment to perform this service In-house, we requested quotes from the following three Companies: Prestige Elan US Lawns Mowing, Edging, $5,175.00/Cut $13,055.00/Cut $8,380.00/Cut Line Trimming, Blowing Trimming $6,912.00/Service * Initial quote was requested from Prestige. We did not request quotes for trimming from other companies once we determined we can do this work In-house. Page 1 hr. wXt}u City of Dania Beach Department of Public Services _ ----___ -._-- 100 West Dania Beach Blvd- Dania Beach, FL 33004 - (954)924-3741 -(954)-923-1109(fax) Prestige included a separate quote of $6,912.00/Service for trimming. Since we now have a bucket truck it was determined that with staffing adjustments we would be able to accomplish required trimming In-house. The quotes indicate 30 locations throughout the City that are included in the scope of work. The scope of work includes mowing, edging, line trimming, and blowing. Four cuts will be required per month. We recommend approval of $5,175.00 X 6 = $31,050 for the remainder of the year for grounds maintenance. Recommendation It is recommended that the City Commission approve a resolution to award the grounds maintenance work to Prestige Property Management and Maintenance, Inc. in the amount of $31,050.00, and authorize the City Manager to execute same. Page 2 ITEM #7 . 14 RESOLUTION #2007- 146 BACK-UP INFORMATION FRED L iCA d i i,'a - ;a.' neral i,�anager P W 1� w% GREGLlCA RCUIGE ,I" IJI 1 san;raler TOM JACOB Property Management and IAdritenanae, Inc. Oreratlons Manager 3300 S.W. 461h Avenue / Davie, Florida 33314-2215 / (954)584-3465 / Fax: (954)584-2185 / Ernall: Info@prestigepmrn.com CITY OF DANIA BEACH August 1, 2007 100 West Dania Beach Boulevard Dania Beach, Florida 33004 (954) 924-3745 * Fax (954) 923-1109 ATTN: Randy Kemmerling RE: MOWING MAINTENANCE As per our conversation regarding the CITY OF DANIA, we are submitting the following for your consideration: Mowing, Edging, Line Trimming, Blowing (8 cuts - Aug/ Sept) $ 5,175.00 per cut $ 20,700.00 per month Trimming (2 cycles - Aug/ Sept $ 6,912.00 per service $ 6,912.00 per month TOTAL FOR THIS PROPOSAL S 27,612.00 per month We appreciate the opportunity to bid your work. A detailed breakdown is attached. In the event any litigation arises out of this agreement,the prevailing party will be entitled to attorneys fees plus any costs associated with. If you have any further questions, please do not hesitate to contact me. ACCEPTED BY: (print name) SIGNATURE: TITLE: DATE: PRESTIGE PROPERTY MANAGEMENT AND MAINTENANCE, INC. Sincerely, Tom Jacob Accounts Executive T.1;lb v, rIDm.ii[ 0o7-10nvr- r, A'w,-b.,,rya Cycle ccsUper Total cos: City of Dania service Aug / Sept) Monthly Cost 1 rrost Park ') MGW $ 250.00 $ 2,000.00 $ 1,000,00 6) TRIM $ 192.00 $ 384.00 $ 192.00 CW Thomas Park A) MOW $ 250.00 $ 2,000.00 $ 1,000.00 B) TRIM $ 192.00 $ 384.00 $ 192.00 3 Meli Park A) MOW $ 400.00 $ 3,200.00 $ 1,600.00 B) TRIM $ 192.00 $ 384.00 $ 192.00 4 Chester Byrd Park A) MOW $ 125.00 $ 1,000.00 $ 500.00 B) TRIM $ 144.00 $ 288.00 $ 144.00 5 Mullikin Park A) MOW $ 75.00 $ 600.00 $ 300.00 B) TRIM $ 48.00 $ 96.00 $ 48.00 6 Boaters Pk/Griffin Marine Pk A) MOW $ 50.00 $ 400.00 $ 200.00 B) TRIM $ 192,00 $ 384.00 $ 192.00 7 Mildred Jones Park A) MOW $ 50.00 $ 400.00 $ 200.00 B) TRIM $ 72.00 $ 144,00 $ 72.00 $ NW 10 Street Park A) MOW $ 50.00 $ 400.00 $ 200.00 B) TRIM $ 48.00 $ 96.00 $ 48.00 A) MOW $ 200.00 $ 1,600.00 $ 800.00 Tigertail Park B) TRIM $ 288.00 $ 576.00 $ 288.00 Centennial Park A) MOW $ 25.00 $ 200.00 $ 100.00 e) TRIM $ 96.00 $ 192.00 $ 96.00 9 IT Parker Ctr A) MOW $ 50.00 $ 400.00 $ 200.00 B) TRIM $ 144.00 $ 288.00 $ 144.00 10 Beach A) MOW $ 250.00 $ 2,000.00 $ 1,000,00 e) TRIM $ 576.00 $ 1,152.00 $ 576.00 11 Water Plant A) MOW $ 200.00 $ 1,600.00 $ 800,00 B) TRIM $ 528.00 $ 1,056.00 $ 528.00 12 City Hall A) MOW $ 150.00 $ 1,200.00 $ 600.00 B) TRIM $ 384.00 $ 768.00 $ 384.00 13 A) MOW $ 150.00 $ 1,200.00 $ 600.00 Fire Station/Chamber Area B) TRIM $ 336.00 $ 672.00 $ 336.00 14 A) MOW $ 75.00 $ 600.00 $ 300.00 Boisey Waiters Ctr B) TRIM $ 216.00 $ 432.00 $ 216.00 15 Dania Beach Blvd A) MOW $ 300.00 $ 2,400.00 $ 1,200.00 B) TRIM $ 192.00 $ 384.00 $ 192.00 16 A) MOW $ 275.00 $ 2.200.00 $ 1,100.00 Federal Hwy B) TRIM $ 432.00 $ 864.00 $ 432.00 18 Field (east of Jai Alai) A) MOW $ 75.00 $ 600.00 $ 300.00 B) TRIM - - - City � Dania Cycle costlper Total ocst service (Aug I Sept) Monthly Cost 19 SW 53 Ct& SW 31 Ave �) ?i'odv $ ;5.00 $ 600.00 $ 300.00 B) TRIM - - 20 New Griffin Rd A) M0W $ 600.00 $ 4,800.00 $ 2,400.00 B) TRIM $ 1,536.00 $ 3,072.00 $ 1,536.00 21 NE 2 St A) MOW $ 50.00 $ 400.00 $ 200.00 B) TRIM - - - 22 Lakeshore Dr A) MOW $ 25.00 $ 200.00 $ 100.00 B) TRIM $ 96.00 $ 192.00 $ 96.00 23 SW 4 Ave A) MOW $ 350.00 $ 2,800.00 $ 1,400.00 B) TRIM $ 432.00 $ 864.00 $ 432.00 24 SW & NW 4 Ave A) MOW $ 100.00 $ 800.00 $ 400.00 B) TRIM - - - 25 Phippen Rd A) MOW $ 100.00 $ 800.00 $ 400.00 B) TRIM - - - 26 SE 5 Ave A) MOW $ 75,00 $ 600.00 $ 300.00 B) TRIM - - - 27 Inlet Rd i SW 31 Ave/Lagoon Rd A) MOW $ 50.00 $ 400.00 $ 200.00 B) TRIM $ 192.00 $ 384.00 $ 192.00 28 Gulfstream Rd A) MOW $ 25.00 $ 200.00 $ 100.00 B) TRIM - - - 29 NW 1 St& 8 Ave A) MOW $ 25.00 $ 200.00 $ 100.00 B) TRIM - - - 30 East& West Cemeteries A) MOW $ 700.00 $ 5,600.00 $ 2,800.00 B) TRIM $ 384.00 $ 768.00 $ 384.00 TOTAL $ 55,224.00 $ 27,612.00 rRED LICA i ' � 0 GREG I-ICA R E: ]"1(43 E: �e cnnh IIPr TOM JACOB Property Management and Maintenance, inc, _ _ cpetntli,ns Manage, 3300 S.W. 46th Avenue / Davie, Florida 33314-2215 / (9,54)534-3465 / Fax: (954)584-2185 / Email, info@presilgepmm.com COMPANY PROFILE PRESTIGE PROPERTY MANAGEMENT AND MAINTENANCE, INC. is a full service commercial lawn maintenance company which has served South Florida since 1986. PRESTIGE offers its customers all of its lawn care needs, including maintenance, landscaping, pest control, irrigation and tree trimming. Key personnel of PRESTIGE include GREG LICA, Controller; FRED LICA, General Manager; TOM JACOB, Accounts Manager;and MIKE DIEFENDERFER, Operations Manager. All of these individuals have been with PRESTIGE since its inception. A brief description of the key personnel's background and experience is set forth below. As a mid-sized. family owned and operated company, PRESTIGE has earned itself the reputation of being able to provide both personalized and quality service to its customers over its fifteen plus years in the lawn care business. Although PRESTIGE's customer base is broad, the majority of PRESTIGE's service contracts are with medium to large private companies and developments, the State of Florida and various local governments. PRESTIGE has been able to maintain and increase its revenues over the years by providing quality service that, in turn, promotes customer loyalty and retention, renewed service contracts and referrals. PRESTIGE's focus on customer satisfaction is the primary component of its long term success in an industry that is often plagued with fly-by-night companies. GREG LICA holds a bachelor's degree in Accounting and brings to PRESTIGE more than ten years in Construction Accounting and Marketing, in addition to Small Business Management. Greg is also a State licensed Property Manager and Real Estate Broker. At PRESTIGE, Greg's responsibilities include all accounting and marketing functions. His knowledge in the financial area and in the insurance area has allowed PRESTIGE to remain a viable business in times where other similar businesses have suffered or even failed. FRED LICA holds a bachelor's degree in Small Business Management and is also a State licensed Irrigation Contractor. Fred is deemed an irrigation expert in South Florida and is known for his trouble shooting skills. Fred is also a certified member of the Florida Nurserymen and Growers Association. At PRESTIGE, Fred is responsible for Direct Job Supervision, Inspections, Estimating and Scheduling for the Maintenance Division. In addition, Fred uses his irrigation skills to oversee PRESTIGE's Irrigation Division. TOM JACOB is recognized in South Florida as an expert in arboriculture and turf& ornamental pest control. Be is a International Society of Arboriculture, Certified Arborist and licensed as a "Class A" tree trimmer. Additionally lie is a certified and licensed Pest Control Operator. At PRESTIGE, Tom offers customers his expertise in tree trimming,turf and ornamental pest control, in addition to being responsible for Quality Control, Inspections and Supervision of Equipment Maintenance. As Accounts Manager, Tom also lends to PRESTIGE his ability to effectively and positively communicate with PRESTIGE's customers. MIKE DIEFENDERFER is a certified member of the landscape Managers Association. In addition. Mike studies at Broward Community College to enhance his landscaping knowledge and skills. As Operations Manager, Mike is responsible for all of PRE S] 161 's landscaping installations and designs. Scheduling operations,as well as quatih control site inspections. His keen eve in landscape design makes him a valuable Consultant to customers. "RE Yiln%T3GE 3 .bO1 Et�T 94.ETN1FI.V T & Mf,:_ MAIN't"IN ANCE REFERENCES CITY OF CORAL SPRINGS 9551 West Sample Road Contact: Bill Castelli Coral Springs, Florida 33075-4501 (954) 345-2143 FLORIDA POWER & LIGHT - PORT EVERGLADES 8100 Eisenhower Boulevard Contact: Larry Stanton Fort Lauderdale, Florida 33316 (954) 527-3619 BROWARD COUNTY AVIATION DEPARTMENT 1501 Southwest 43`a Street Contact: Curtis Johnson Fort Lauderdale, Florida 33315 (954)359-1250 CITY OF TAMARAC Public Works Contact: John Engwiller 6011 Nob Hill. Road (954)724-2405 Tamarac. Florida 33321-2401 BROWARD COMMUNITY COLLEGE Central Campus Contact: Wayne Quimby 3501 Southwest Davie Road, Building 21 (954)475-6825 Davie.Florida 33314 BROWARD COUNTY FACILITIES MANAGEMENT Government Center, Room 504 Contact: Anne Rawlings 115 South Andrews Avenue (954) 357-6544 Fort Lauderdale, Florida 33301 BOLA WEST - VILLAGE OF BRIDGE'<'k'OOD ASSOCIATION 2400 Brid,,ewood Drive Contact: Carol Me.N cr Boca Raton, Florida 3 434 (561) 483-713? ELAN L r'1N v^^SEER ...? c;v This contract is for landscape maintenance services from TBD at the following (CITY OF DANIA BEACH). See attached specifications for scope of work. This contract is subject to 30 days written notice of cancellation by either party. (PM Initial Center Name (CITY OF DANIA BEACH) PRICES: (ALL PRICES ARE BASED ON 4 CUTS PER MONTH UNLESS NOTED OTHERWISE) 1. FROST PARK: MOWING $3,400 PER MONTH 2. C.W. THOMAS PARK: MOWING $1,800 PER MONTH 3. MELI PARK: MOWING $4,800 PER MONTH 4. CHESTER BYRD PARK: MOWING $560 PER MONTH 5. MULLIKIN PARK: MOWING $480 PER MONTH 6. BOATERS PARK: MOWING $480 HEDGES X 1 $200 PER MONTH 7. MILDRED JONES PARK: MOWING $360 PER MONTH 8. NW 10T" ST PARK: MOWING $1,000 PER MONTH 9. TIGERTAIL PARK: MOWING $1,800 PER MONTH 10. CENTENIAL PARK: MOWING $160 PER MONTH 11. I.T. PARKER CENTER: MOWING $400 PER MONTH 12. BEACH: MOWING $1,300 PER MONTH 13. WATER PLANT: MOWING $700 HEDGES X1 $425 `I5. CITY HALL: MG! TVIN:: $800 PER MONTH 16. PIRE , l-! i()N1C HAM BER.. AREA: M01j llNI& V%G F *" R fv?0N i H flfi 18. DANIA BEACH BLVD: MOWING $5,400 PER MONTH 19. FEDERAL HWY: MOWING $2,400 HEDGES X 1 $100 PER MONTH 20. FIELD BTWN DANIA BCH BLVD AND NW 2ND ST EAST OF DANIA JAI-ALAI: MOWING $1,600 PER MONTH 21. SW 53RD CT AND SW 31ST AVE: MOWING $2,900 HEDGES X 1 $150 PER MONTH 22. NEW GRIFFIN RD INCLUDING NW 10T" ST: MOWING $5,400 HEDGES X 1 $1,100 PER MONTH 23. LAKESHORE DR: MOWING $240 HEDGES X 1 $220 PER MONTH 24. SW 4T" AVE FROM SHERIDAN ST TO STIRLING: MOWING $2,400 PER MONTH 25. SW & NW 4T" AVE FROM SW 1ST TO OLD GRIFFIN RD: MOWING $2,400 26. PHIPPEN RD: MOWING $400 PER MONTH 27.SE 5T"AVE: MOWING $1,000 PER MONTH 28. INLET RD/ SW 31ST AVE / LAGOON RD: MOWING $600 PER MONTH 29. GULFSTREAM RD: MOWING $600 PER MONTH 30. NW 1ST STAND 8T" AVE: MOWING $240 HEDGES X 1 $80 PER MONTH 31. EAST ABD WEST CEMETERIES: MOWING $8,000 PER MONTH * Florida State Sales Tax included in price if applicable. Moshe Morgenstern -- President (CITY OF DANIA BEACH) Yoram Gozlan — Vice President ELAN LAWN & LANDSCAPE Page 1 of 1 Kemmerling, Randy From: Walter E. Wright[walterwright@uslawn.net] Sent: Thursday, August 02,2007 4:51 PM To: Kemmerling, Randy Cc: dwright@uslawn.net;james@uslawn.net Subject: Price for cutting areas Randy, attached are the prices to cut the various locations. Thanks, Walter E. Wright President U.S Lawns of East& North Broward W al_terwright@us lawn.net Phone: 954 985-5783 Ext. I Cell-954-536-7611 Fax: 954-985-3806 P.O. BOX 82-0621 South Florida,FL 33082-0621 Expert Turf Maintenance Shrub&Groundcover Maintenance Fertilization Insect&Disease Control Seeding.Overseeding,Aerification,Thatching,and Grading-Lawn&Ornamental Consultation Seasonal Color Planting&Maintenance-Pre-Emergent&Post-Emergent Weed Control 8/3/2007 US L,AcJn)S CITY OF DANIA BCH BID PROPOSAL FOR CUTTING LOCATIONS LOCATIONS PRICE PER CUT Frost Park 675.00 CW Thomas Park 350.00 Meli Park 975.00 Chester Byrd 170.00 Mullikin Park 85.00 Boaters Park 200.00 Mildred Jones Park 110.00 NW 10th St Park 135.00 Tigertail Park 250.00 Centennial Park 70.00 IT Parker Center 225.00 Beach 325.00 Waterplant 175.00 Citty Hall 275.00 Fire Stationl chamber 225.00 Boisey Waiters Center 95.00 Dania Bch Blvd 650.00 Federal Hwy 275.00 Field Bet Dania bch Blvd & NW 2nd st a of Jailai 150.00 SW 53rd Ct& NW 31 Ave 275.00 N. Griffin Rd Incl NW 10 St 575.00 NE 2nd St 250.00 Lakeshore Drive 250.00 SW 4th Ave, Sheridan to Old Griffin Rd 110.00 Phippen Rd 175.00 SE 5th Ave 60.00 Init Rd/SW 31 ave lagoon Rd 75.00 NW 1 st St&8th Ave 95.00 East&West Cemeteries 1,100.00 TOTAL 8,380.00 500 CITY OF DANIA BEACH Agenda Item # s 1 Agenda Request Item Date of Commission Meeting: 8/14/2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑X Adopt Ordinance (2nd Reading) ❑ Award Bid IRFP ❑ Presentation ❑ Continued from: rrqg�v . ��SACtlon (Idenfity appropriate Action o7 Motionj'. cula '� ��� ` u�xey"v t� sR:...... Increase hourly parking fees at the Beach '. trGy�s h 5 R F !Pt y,r 0C �® 9 ,tCt)Dn IS NeCesSary ,:.per �sul"; ,�j�ag3 .,sr�'�" �"Pri�t c "..YY .. h,m, e_.iPFgLi i il�'ei. '€ . Parking fees are governed by City Code of Ordinances, Chapter 6. io AccompIfishes �r r Increase hourly parking fees by 25 cents effective October 1, 2007 r g Q fie (A a ,pub?i`��E zta�uLV n Re nests ONLY ... _.... :;; . us. ,.�,.,� .... to , Dept: Acct#: Amt: Fund: General: ❑X Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ YI'_ allf� ai urF [: 1 `Eitplanation/Background a f t& m r ' f¢ tk fE ekr? m °a�� f u At the July 24 Budget Workshop, Commission has accepted staff proposal to increase the hourly parking fees from $1.25 to$1.50 per hour. This increase is estimated to generate an additional $48,000 in parking revenue for the City for Fiscal Year 2007-08. Flee2itlmpact/Cost Summary $48,000 in additional revenue EXh its Attached "I 91MMI F w` Resolution Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 grizedSignaturesMR � Submitted by Patricia Varney Date 08/02/07 Department Director Patricia Varney Date 08/02/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 08/02/07 CRY Attorney Thomas J. Ansbro Date 08/02/07 City Manager Ivan Pato Date 08/07/07 Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2007-017 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 6, "BEACHES, PARKS AND RECREATION", OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 6-33 "SCHEDULE OF CHARGES", TO INCREASE THE PARKING FEES FOR MOTOR VEHICLES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFETIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Chapter 6, "Beaches, Parks and Recreation" of the Code of Ordinances of the City of Dania Beach, Florida, Section 6-33, "Schedules of Charges," is amended to read as follows: Sec. 6-33. Schedule of charges. The City Commission herb sets has established the following parking fees to be charged the owner or operator of each motor vehicle parking at Dania beach parking areas of the City between the hours of 8:00 a.m. and 6:00 p.m. daily: a) There shall be a charge of one dollar and twenty five eeft`_s ($1 ") one dollar and fifty cents ($1.50) for each hour or any fraction theree€of an hour of parking time. This charge shall become effective Nevember 1,, 2003 October 1, 2007. Section 2. That except as amended above, all other provisions of Chapter 6 of the Code of Ordinances of the City of Dania Beach, Florida, shall remain in full force and effect. Section 3. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this Ordinance are repealed to the extent of such conflict. Section 4. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. That this Ordinance shall take effect immediately on October 1, 2007. PASSED on first reading on , 2007. PASSED AND ADOPTED on second reading 2007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: HOMAS J. ANSBRO ITY ATTORNEY 2 ORDINANCE#2007-017 CITY OF DANIA BEACH Agenda Item # 7 �G Agenda Request Item Date of Commission Meeting: 8/14/2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑X Adopt Ordinance(2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: .: dtri"5 Nip ,�,5(, Ctlon '.:.(Itlenflty apprbpfidte Adlon or`P46tian) ',�� ���,?�k P53 e� Adopt an ordinance repealing current fire safety inspection fee schedule and creating a new Section 11-46.1. "Establishment of fees" kkction is Necessary - _ ,. _� To revise fee schedule in keeping with rising expenses associated with the cost of providing fire safety inspection services ^ vR Rf F n b e� �° �'�!on Accomplishes Accomplishes . iE rr fi.._ Revenue generated will support actual expenses of services performed. i(Ctiasing Requests ONLY m._= ,,.. Dept: Acct#: Amt: Fund: General: ❑X water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ ....., q EXplanatlon/Background ?.. E,s.r,r gri Since the current fees were established, many facets relating thereto have increased the costs associated with the services rendered. Revising fees will keep these services cost effective. ", Bel f dj�RPM; '(°i,r,Cost SummaryT6I e Monies from revised fees will support increased costs of services rendered. Atfached as rC1rsit - Ordinance repealing Section 11-46.1 of the city Code of Ordinances entitled "Establishment of fees" and creating a new Section 11-46.1 entitled "Establishment of fees" Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 R Rmi srt t� Far i� yry6i�{i rfi3 7 ,g,� aft bri1i'drsignatures Submitted by Christy Lee Blocker Date 08/06/07 Department Director Bruce Caruso Date 08/06/07 Assistant City Manage Colin Donnelly Date 08/06/07 HR Director Date Finance Director Patricia Varney Date 08/06/07 City Attorney Thomas J. Ansbro Date 08/06/07 City Manager Ivan Pato Date 08/07/07 Ur sre Rngffil' t .lerCf k1SB e u Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2007-018 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA REPEALING SECTION 11-46.1 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, ENTITLED "ESTABLISHMENT OF FEES" AND CREATING A NEW SECTION 11-46.1 TO ALSO BE ENTITLED "ESTABLISHMENT OF FEES" TO INCREASE FEES IN ORDER TO PROVIDE ADEQUATE FUNDING FOR THE RISING COST OF PROVIDING FIRE SAFETY INSPECTION SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, THAT: Section 1. That Section 11-46.1 of the Code of Ordinances of the City of Dania Beach, Florida, which section is entitled "Establishment of fees", is repealed and a new Section 11.46.1 is created to read as follows: Sec. 11-46.1. Establishment of fees. The following fees are hereby established for the permits, certificates, re-inspections and tests performed under the provisions of this chapter: FIRE SAFETY INSPECTION FEE SCHEDULE (1) New construction inspections: (a) Fire standpipe (per test): 1. Minimum fee ............................................................................................... 150.00 2. Fee per floor ................................................................................................ 30.00 (b) Fire sprinkler system (per test): 1. Minimum fee ............................................................................................... 150.00 2. Fee for each 1,000 sq. ft. of gross floor area up to 50,000 sq. ft. ..................... 7.50 3. Fee for each 1,000 sq. ft. of gross floor area exceeding 50,000 sq. ft. ............. 5.00 (c) Smoke control system testing and inspection per sq. ft. ................................... 0.01 Duct detector test (per device) ........................................................................... 10.00 (d) Fire alarm tests: 1. Minimum fee ............................................................................................... 150.00 2. Per detection or manual device .................................................................... 2.00 (e) Each Automatic Fire Suppression System—("A.F.S.S.") (excluding sprinkler systems) such as carbon dioxide, dry chemical, etc. per test: 1. Minimum fee ................................................................................................ 150.00 (f) Fire pump acceptance tests ................................................................................. 150.00 (g) Emergency generator acceptance tests ............................................................... 100.00 (h) All other inspections required for a certificate of occupancy, a business tax receipt or both and/or an occupational license shall be charged at the periodic inspection rate, to be paid at the time of permit issuance. (i) Red Tag reinspections......................................................................................... 90.00 0) Subsequent Red Tag inspections........................................................................ 90.00 (2) Inspection and permit fees. An annual fire safety inspection fee is levied and imposed against all buildings and structures within the city to provide funding for the cost of providing such fire safety inspection services, which annual fee shall be payable at the time of inspection or permit and shall be in accordance with the following schedule: Inspectionfees (a) Commercial, industrial, business, storage and mercantile 1. Minimum fee (up to 2,500 sq. ft.) ............................................................... 100.00 2. 2,501 sq. ft. to 5,000 sq. ft. ........................................................................ 150.00 3. Fee per 1,000 sq. ft. exceeding the first 5,000 sq. ft. ....................................... 10.00 (b) Condominiums/apartments, hotels, motels, time shares: 1. 3-10 units .................................................................................................... 100.00 2. 11-24 units ................................................................................................. 150.00 3. 25- 99 units ................................................................................................ 200.00 4. 100-199 units ............................................................................................. 300.00 5. 200+ units .................................................................................................. 500.00 (c) Bowling establishments ................................................................................... 200.00 (d) Lumber yards/woodworking plants ................................................................. 200.00 (e) Place of assembly used solely by a not-for-profit organization listed with the city .. No charge (fl Hospitals ......................................................................................................... 300.00 2 ORDINANCE#2007-018 (g) Nursing homes 1. Minimum fee (up to 2,500 sq. ft.) .............................................................. 150.00 2. 2,501 sq. ft. to 5,000 sq. ft. ......................................................................... 200.00 3. Feet for each 1,000 sq. ft. or portion of such area exceeding the first 5,000 sq. ft...........................................................................................................15.00 (h) Adult congregate living facilities, community based residential facilities, substance abuse facilities, day care centers and nursery schools 1. Minimum fee (up to 2,500 sq. ft.)............................................................. 150.00 2. 2,501 sq. ft. to 5,000 sq. ft. ....................................................................... 200.00 3. Fee for each 1,000 sq. ft. or portion of such area exceeding the first 5,000 sq. ft...........................................................................................................15.00 (i) Private schools ................................................................................................ 200.00 (j) Additional fee for verification and approval of test for the following systems: l. Stand pipe systems (Minimum) ............................................................... 150.00 $75.00 per riser to a maximum of$300.00 2. Smoke evacuation systems (each) ........................................................... 150.00 >. Fire sprinkler system a. Minimum fee ....................................................................................... 150.00 b. Fee for each 1,000 sq. ft. or portion of such area of gross floor area upto 50,000 sq. ft. .......................................................................................7.50 c. Fee for each 1,000 sq. ft. or portion of such area of gross floor area exceeding50.000 sq. ft. .................................................................................5.00 q. Fire alarm system a. Minimum fee ....................................................................................... 150.00 b. Per detection or manual device ........................................................... 2.00 5. Fire hydrant flow tests .............................................................................. 100.00 (k) Re-inspection fees: 1. First inspection ....................................................................................no charge 2. Additional inspection ................................................................same as original fee (1) Red Tag re-inspections ............................................................................. 150.00 (Significant life safety issues: inoperable fire alarm system, inoperable sprinkler system, inoperable A.F.S.S. , spraying flammable/combustible liquids without a spray booth, blocked or locked exists, etc.) Non-compliance with Red Tag re-inspections .............................1.5 times original fee 3 ORDINANCE#2007-0 t 8 FIRE PLAN REVIEW FEE SCHEDULE (1) Plans examination: (a) Minimum fee ..................................................................................................... $75.00 (b) Plans examination fee per sq. ft. (includes all structural life safety reviews for new construction, additions, alterations, remodeling, renovations and similar type work requiring a permit)................................................................ 0.018 (c) Plans examination fee per sq. ft. (fire alarms and sprinkler systems)................ 0.015 (d) Plans to be re-examined .........................................................................50% of original fee (subsequent reviews following the initial allowable re-review that are non-compliant) HAZARDOUS MATERIALS FEE SCHEDULE Permit fees (a) Hazardous materials: 1. Sparkler sales: Sale of sparklers requires submittal of inventory and site plan, including inspection ..................................................................... 300.00 2. Fireworks: Public display. Public display of fireworks must be under the direction of a person certified by the department as a fireworks "shooter." Each display, including inspection..................................................... 300.00 a. Shooter's certification requires in-person application to establish competency in handling fireworks and determining compliance with applicable state regulations. Initial certifications .............................. 150.00 b. Annual fee ................................................................................................... 100.00 3. Automobile wrecking yards,junkyards, waste materials handling plants ........ 150.00 4. Cellulose nitrate motion picture film; storage, handling or use of more than twenty-five (25) pounds (35mm film about 5,000 feet) of nitrate motion picture film, including inspection .......................................................... 100.00 5. Combustible fiber; storage and handling of combustible fiber in quantities exceeding 100 cubic feet ................................................................................... 100.00 6. Compressed gases; storage, handling or use of more than 2,000 cubic feet of flammable gas or 6,000 cubic feet of non-flammable gas at normal temperature and pressure ................................................................................... 300.00 7. Dry cleaning establishments; dry cleaning by use of cleaning solvents, fluids or cleaning solutions ................................................................................ 200.00 8. Explosives, ammunition and blasting agents, manufacturing, keeping, storage, sale and transportation of explosives, ammunition and blastingagents ................................................................................................... 300.00 9. Garages, use of any building, shed or enclosure as a place of 4 ORDINANCE#2007-018 business for servicing or repairing motor vehicles ........................................... 100.00 10. Flammable finishes, application of; spraying or dipping operations utilizing on any working day more than one (1) gallon of flammable or combustible liquids...................................................................................................... 300.00 11. Flammable and combustible liquids; storage, handling or use of class 1 A and I liquids in excess of one (1) gallon in a place of human habitation, in excess of six (6) gallons in other occupancies or in excess of ten (10) gallons outside any building .............................................................................. 300.00 12. Fumigation and insect fogging; fumigation or thermal insecticidal fogging which is dangerous, noxious or poisonous to life or health of human beings or which constitutes a fire hazard, per company (annual) ......100.00 13. Hazardous chemical; no person, firm or corporation shall store, handle or use any hazardous material as defined and/or classified in the currently adopted edition of the Florida Fire Prevention Code, Broward County Amendments (current edition) to The Florida Fire Prevention Code, and any/all currently adopted NFPA codes and standards unless and until a valid permit has been issued pursuant to this chapter by the fire department ................................................................ 300.00 14. Magnesium; melting, casting, heat treating, machining or grinding of more than ten (10) pounds of magnesium per working day ......................... 300.00 15. Liquefied petroleum gas; a permit shall be obtained for each installation of liquefied petroleum gas employing a container or an aggregate of interconnected containers of over 2,000 gallons water capacity ....................... 300.00 16. Oil burning equipment; installation or replacement of an oil burner and fuel tank used in connection therewith that is in excess of twenty-flve (25) gallons in a building or in excess of sixty (60) gallons outside of a building .............................................................................. 100.00 17. Organic coatings manufacturing; organic coating manufacturing operation making more than one (1) gallon of an organic coating onany working day ........................................................................................... 300.00 18. Welding or cutting; welding or cutting operations excluding job sites ............. 300.00 19. Dust explosion, prevention of; operation of any grain elevator; flour, starch or feed mill, or plant pulverizing aluminum, coal, cocoa, plastics, magnesium, spices, sugar or other material producing dust ................. 300.00 Section 2. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this Ordinance are repealed. 5 ORDINANCE#2007-018 Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. This Ordinance shall be in force and take effect immediately on October 1, 2007. PASSED on first reading on 2007 PASSED AND ADOPTED on second reading on 2007 BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY ORDINANCE#2007-018 CITY OF DANIA BEACH Agenda Item # 7• � 7 Agenda Request Database NTW Date of Commission Meeting: 8/14/2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) X❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: ORDINANCE NO.2007-019 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA REPEALING SECTION 25-127 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, ENTITLED"VARIANCE" PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Repeal of City Code provision establishing$50.00 fee for commercial and recreational vehicle variance Ordinace Staff Report Exhibit 11 Exhibit 2 1Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attomev Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2007-019 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA REPEALING SECTION 25-127 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, ENTITLED "VARIANCE"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH: Section 1. That Section 25-127 of the City Code of Ordinances, which section is entitled"Variance", is repealed in its entirety. Section 2. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this Ordinance are repealed. Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. This Ordinance shall be in force and take effect immediately on October 1, 2007. PASSED on first reading on 2007 PASSED AND ADOPTED on second reading on 12007 BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: August 14, 2007 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director SUBJECT: Repeal of City Code provision establishing $50.00 fee for commercial and recreational vehicle variance APPLICANT: Community Development In 1980, the City Commission adopted the following ordinance requiring a $50.00 application fee for commercial and recreational vehicle variances Sec. 25-127. Variance. Any person owning a recreational vehicle or other property as defined in section 25-120 and/or a commercial vehicle, and who will be adversely affected by the provisions of this division, may apply to the city for a variance upon payment of a nonreturnable application fee of fifty dollars ($50.00). If application for the variance is made within thirty (30) days from the effective date of this section, the application fee shall be waived by the city. A variance may be granted only upon a finding that the provisions of this division constitute an unusual and remediable hardship to the person so applying. This paragraph conflicts with both the current ($110.00) and proposed ($100.00) application fee for single family variances. Section 25-127 should be repealed since it conflicts with the pending fee schedule. The total City cost to process a conventional single-family variance is approximately $500.00 ($100.00 application fee plus $400 cost recovery fee for advertising, postage, site inspection, and report preparation). Administrative variances, which do not require advertising, postage, site inspection, or report preparation, require a $150.00 flat fee. STAFF RECOMMENDATION Approval of ordinance repealing Section 25-125. CITY OF DANIA BEACH Agenda Item # 19 / Agenda Request Item Date of Commission Meeting: 08/14/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid IRFP ❑ Presentation ❑ Continued from: tlJ4o i'pn. :(Iderffiiy appropriate Action or Motfon)'. yyy�� , 11 Execute agreement with Electrical Contracting Service, Inc. to replace the 4 remaining wooden ball field light poles with 4 concrete light poles. �a ut�t slil �yp : .. Y t N`t�iq1 IIE fir, �" t av ��£ `+�LI tE: SrSA tSa1y 4 ut i�fi � r w i ' ams. ,...:: .... . .. Complete the transformation of wooden ball field light poles to concrete light poles at Frost Park. r let -Accomplishes Replaces the 4 remaining wooden ball field light poles with 4 corncrete light poles. ? rttrasn t uests ONLY Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ ' : �t � 4 p�aaat+ointBackground t t � � , �ImpctlCgst u 5 mina ry �-. " f 4' K_ EMUR cih A 7 t4.:� :. �9P Exhibit 1 resolution Exhibit 2 Bid comparison sheet Exhibit 3 Reference Memo Exhibit 1 Exhibit 2 tExhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 I 'n k ;� i(� tSiE is i ;: ig tyres ; I r 21 L P i t; iR�..a r -- Submitted by Mark T. Felicetty Date 08/06/07 Department Director Kristen Jones Date 08/07/07 Assistant City Manager Colin Donnelly Date 08/07/07 HR Director Date Finance Director Patricia Varney Date 08/07/07 City Attorney Thomas J. Ansbro Date 08/07/07 City Manager Ivan Pato Date 08/07/07 MM- titilse is Commission Action: Approved: ❑ Denied: 7 Continued to: ❑ RESOLUTION NO. 2007-143 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH ELECTRICAL CONTRACTING SERVICE, INC. FOR THE FROST PARK FIELD LIGHTING POLE REPLACEMENT PROJECT IN AN AMOUNT NOT TO EXCEED $39,854.00; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City advertised for bids and three proposals were received by the City on July 20, 2007 for the Frost Park field lighting pole replacement project; and WHEREAS, the committee representing the City for the project has reviewed the bids and has determined and is recommending that Electrical Contracting Service, Inc. be selected, since it can best provide the project services in an amount not to exceed $39,854.00; and WHEREAS, the City Commission has previously approved funding for the project in the amount of$40,000.00 from the applicable General Obligation Bond; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to execute an Agreement for the Frost Park Field Lighting Pole Replacement Project with Electrical Contracting Service, Inc. in an amount not to exceed $39,854.00 all as appearing in the documents attached as Exhibit"A". Section 2. That the City Manager and City Attorney are authorized to make minor revisions to the terms of such documents as are deemed necessary and proper for the best interests of the City. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2007. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-143 BID TABULATION FORM BID OPENING DATE: July 20, 2007 TIME: 11:30 a.m. PROJECT NAME: BID #07-017—Frost Park Field Lighting Pole Replacement PRESENT AT BID OPENING: (SIGN-IN SHEET MAY BE ATTACHED) Mark Felicetty, Senior Program Facilities Manager, Parks & Recreation Department Randy Kemmerling, Public Services Department Kevin J. Nuss, Florida Electric Contracting Nanci Denny, Purchasing THE FOLLOWING BIDS WERE OPENED BY: Miriam Nasser, Deputy City Clerk Maryjane A. Burns, Records Technician VENDOR BOND 1 ORIGINAL BASE BID 6 COPIES 1. Electrical Contracting Service,Inc. X X $39,854.00 2375 West 77`h Street Hialeah,FL 33016 Charles H. Floyd 305-556-0041 2. Florida Electric Contracting Services, Inc. X X $48,500.00 1445 S.W. 21" Avenue Fort Lauderdale, FL 33312 Kevin J. Nuss 954-587-6760 3. Procuserve, Inc. N/A N/A NO BID 8880 N.W. 20`h Street, Suite M Doral, FL 33172 Pascale Pun 305-437-9833 4. Imperial Electrical, Inc. X X $48,950.00 11821 NW 11 Street Plantation, FL 33323 Mike Teran o 954-325-2133 AFTER THE BID OPENING, THE BIDS WERE TURNED OVER TO THE FOLLOWING FOR FURTHER REVIEW AND TABULATION: Colin Donnelly, Assistant City Manager Patty Varney, Finance Director Kristen Jones, Parks & Recreation Director Mark Felicetty, Senior Program Facilities Manager, Parks & Recreation Leo Williams Public Services Superintendent Aginih Kristen L. Jones, MS Director, Parks and Recreation 100 West Dania Beach Blvd. Dania Beach, FL 33004 Phone: 954-924-3730 Fax: 954-924-3629 kjones&i.dan is-beach A u s TO: City Commission FROM: Kristen L. Jones, Director Parks and Recreation DATE: August 7, 2007 SUBJECT: Frost Park Light Pole Replacement Project The City advertised for bids for the Frost Park Light Pole Replacement Project and three proposals were received on July 20, 2007. The bid committee representing the City for the project consisted of Kristen Jones, Mark Felicetty, Randy Kemmerling and Nanci Denny. The bid committee has determined and is recommending that Electrical Contracting Services, Inc. can best provide these services in an amount not to exceed $39,854.00. and was the low bidder. Two reference checks were also made. The City of Hialeah (Jorge Guanchez @ 305-687-2620) and the City of Pembroke Pines (Chuck Vanes @ 954-437-1137). Both references recommended Electrical Contracting Services, Inc. The City of Hialeah has been doing business for 15 years and the City of Pembroke Pines 6years with Electrical Contracting Services. Cc: Ivan Pato, City Manager Colin Donnelly, Assistant City Manager Mark Felicetty, Senior Program Facility Manager CITY OF DANIA BEACH Agenda Item # Agenda Request Database Date of Commission Meeting: 8/14/2007 Adopt Resolution Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑X Award Bid/RFP Presentation ❑ Continued from: Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ TX-19-07 (SECOND READING)- Donald Hall, Attorney, Gunster Yoakley, representing the following businesses, requests zoning code changes to allow shipping and barge operations to be conducted in Port Laudania as an temporary use: 490 Taylor Lane: MarineMax Motor Yachts, LLC. 760 Taylor Lane: J. S. Powell, Jr. & R. O. Powell 775 Taylor Lane: Derecktor Gunnell 750 NE Seventh Avenue: Palm Beach Polo Holdings, Inc. Ordinance Staff Report Site Map Application Public Hearing Notice Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 IM MINIM Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ continued to: ❑ CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: August 14, 2007 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director C APPLICANT: TX-19-07 (SECOND READING) - Donald Hall, Attorney, Gunster Yoakley, representing the following businesses, requests zoning code changes to allow shipping and barge operations to be conducted in Port Laudania as an temporary use: 490 Taylor Lane: MarineMax Motor Yachts, LLC. 760 Taylor Lane: J. S. Powell, Jr. Et R. 0. Powell 775 Taylor Lane: Derecktor Gunnell 750 NE Seventh Avenue: Palm Beach Polo Holdings, Inc. LOCATION: Existing Marine businesses located on the North Side of Dania Cut-Off Canal east of US 1 (a/k/a Port Laudania) excluding G+G Shipping The applicant is proposing to allow the following uses in the Port Laudania Area, excluding G+G Marine: (a) Steel transport and storage containers are permitted when setback at least 25 feet from the Dania Cut-Off Canal. (b) The following activities shall be permitted anywhere on site: • Outdoor and indoor storage of materials, supplies, equipment, vehicles, and vessels relating to shipyard, boatyard, and marine construction. • On-site fueling facilities. • Above ground fuel storage as an accessory use (Bulk storage and fuel refining is prohibited). • Unpaved crushed-rock surface parking. (c) Marine transportation activities permitted on a temporary basis when administratively approved by the City Manager after review and approval by the Community Development Director, including the following: a. Use of barges not greater than 190 feet. b. Loading, unloading and shipping of cargo, supplies and construction materials and equipment. C. Transportation of materials and cargo. PLANNING AND ZONING BOARD RECOMMENDATION The Planning and Zoning Board recommended approval of the ordinance subject to the following: (1) Up to 50 steel storage containers per site. (2) Transportation of material and cargo (shipping activities) and barges shall be prohibited. (3) All parking areas shall be paved. CITY COMMISSION RECOMMENDATION (Vt Reading) On July 24, 2007 the City Commission approved the text amendment on first reading, subject to the following: (1) No more than two barges to be docked in the district (excluding G+G) at any one time. (2) Each property permitted shipping operations up to 30 days at a time, up to six times per year. (3) Up to 50 steel storage containers permitted on each property. FINAL DRAFT ( . Reading) Shipping Operations: Based on the City Commission recommendation (# 2 above), each property could conduct shipping operations six months each year, or 1/2 the time. Staff believes this is excessive, and recommends no more than 90 days per property, per year. This would include barge docking (no more than two properties at a time). Applicant's latest ordinance allows 120 days per year, per property. City Monitoring of Shipping Operations: The applicant has added language that would require prior written notice to the city, but not approval, of operations lasting 14 days or less. This would not apply to barges, which always require prior City Manager approval. Staff has no objection to the proposed language as indicated below. "Prior written approval by the City Manager and the Community Development Director required, if the length of time any one use will be in operation exceeds 14 days. For uses, excluding barges, which will be in operation 14 days or less, written notice shall be provided to the Community Development Department indicating the location and duration of the operation. Prior written approval for barges shall be required regardless of duration. " ORDINANCE NO. 2007-014 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING AN AMENDMENT TO CHAPTER 28 OF THE CITY CODE OF ORDINANCES RELATING TO THE INDUSTRIAL-GENERAL (IG) ZONING DISTRICT TO PROVIDE FOR ADDITIONAL PERMITTED USES AND REGULATIONS FOR CERTAIN DESCRIBED LANDS WITHIN SUCH ZONING DISTRICT, WHICH AREA IS GENERALLY LOCATED NORTH OF THE DANIA CUT-OFF CANAL AND SOUTH OF TAYLOR LANE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach ("City") recognizes the need to accommodate the use of lands within Dania Beach generally located along the Dania Cut-Off Canal from the east end of the City limits, west 180 feet past the end of Taylor Lane, south of Taylor Lane to the north bank of the Dania Cut-Off Canal, including those properties described on Exhibit "1", attached to this Ordinance, which area serves various shipyards, boatyards, marine construction and shipping interests and which area contributes to the economic vitality of the City; and WHEREAS, the City Commission has followed the procedures of Section 166.041(3)(c)2., Florida Statutes, for public notice and hearings relating to ordinances that change the actual list of permitted, conditional, or prohibited uses within a zoning category; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed and incorporated as the legislative intent of this Ordinance. Section 2. That Chapter 28, "Zoning", Article 27, "INDUSTRIAL-GENERAL (IG) DISTRICT, Section 27.10, Purpose, of the Code of Ordinances of the City of Dania Beach, Florida, is amended to read as follows: 27.10. Purpose. The Industrial-General (IG) District is intended to accommodate light- and medium- intensity industrial, research, assembly, fabrication, and repair uses within a completely enclosed building. Some manufacturing uses are permitted provided they meet location requirements necessary to protect residential areas. Some shipping, shipyard and marine construction business uses are permitted subject to compliance with location requirements and performance standards necessary to protect single family residential zoning districts, as provided in subsections 27.20 m and n . Truck parking, queuing, stacking, loading� � � 1 p g, q g, and unloading shall be prohibited with g any public right-of-way adjacent to an IG District. Section 3. That Chapter 28, "Zoning", Article 27, "INDUSTRIAL-GENERAL (IG) ZONING DISTRICT", of the Code of Ordinances of the City of Dania Beach, Florida, is amended to add a new Subsection to Section 27.20, 'Permitted uses" to read as follows: • • • (n) The following ship building, boat building, repair and marine construction activity uses conducted indoors or outdoors, but within the confines of the individual properties generally located along the Dania Cut-Off Canal from the east end of the City limits, west 180 feet past the end of Taylor Lane, south of Taylor Lane to the north bank of the Dania Cut-Off Canal, and more specifically described as Parcel A and Parcel B of Transworld Plat, Powell Brothers Barge Terminal Plat, Derecktor's South Plat and Port Laudania Plat, less the east 333 feet of the South 743.82 feet and Dania Canal, not including easements and rights of way, and unless otherwise stated below, set back a minimum of 100 feet from any residential zoning district. If there is any conflict between the provisions of this subsection and any other provision of Article 27, the provisions of this subsection will prevail. (1) Ship/boat building, ship/boat repairs, associated assembly, fabrication, outfitting and maintenance, marine construction and equipment loading and handling operations. (2) Warehousing of materials, supplies, cargo and equipment related to shipyards, boatyards and marine construction businesses. (3) Outdoor storage of materials, supplies, cargo, equipment, machinery, staging, vehicles, vessels, trailers, ladders and other associated items related to shipyard, boatyard and marine construction. (4) Storage containers required for storage of shipyard/boatyard materials, vessel supplies, cargo, and construction tools and materials. Storage containers shall not exceed fifty (50) containers per property. The containers shall not be stacked or used as ship building or repair work shops and shall be set back a minimum of twenty-five (25) feet from 2 ORDINANCE#2007-014 Taylor Lane and twenty-five (25) feet from the Dania Cut-Off Canal. During named storms, all containers and loose materials shall be secured. (5) One (1) office trailer not to exceed one thousand (1,000) square feet, set back a minimum of thirty-five (35) feet from Taylor Lane. The trailer shall be properly secured. (6) Fuel tanks, including mobile fueling from fuel trucks or fuel barges, for fueling of vehicles and ships as an accessory use and as regulated and permitted by the State of Florida Department of Environmental Protection and the Broward County Environmental Protection Department. (7) For those properties located along and with access to Taylor Lane, including those properties on the north side of Taylor Lane, parking of vehicles on hard surface or good rolled, crushed rock base, as an accessory use. (8) Security gatehouse, including manufactured modular buildings, complying with applicable building code requirements, as an accessory use, when approved by the Broward Sheriffs Office, the Dania Beach Fire Department, and the City Public Services Director. (9) Retail sales of materials and supplies used for construction and repair of vessels. (10) The following shipping, marine transportation and barge operation uses are recognized by the City as special uses for those certain properties as described in this subsection and they shall be permitted for up to one hundred twenty (120) days in any calendar year, subject to the following conditions: a. Prior written approval by the City Manager and the Community Development Director is required, if the length of time any one use will be in operation will exceed fourteen (14) days. For uses, excluding barges, which will be in operation fourteen (14) days or less, written notice shall be provided to the Community Development Department indicating the location and duration of the operation. Prior written approval for barges shall be required regardless of duration. b. Barges shall not exceed one hundred ninety (190) feet in length. C. No more than two (2) barges are permitted at any one time within the confines of the area described above. d. Waiver of the above conditions is subject to City Commission 3 ORDINANCE#2007-014 approval. Section 4. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this Ordinance are repealed. Section 6. That this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on July 24, 2007. PASSED AND ADOPTED on second reading on 2007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 4 ORDINANCE#2007-014 Exhibit 1 Folio Numbers /Legal Descriptions 490 Taylor Lane Folio Nos. 5042-34-43-0010; 5042-34-43-0020 Parcel A and Parcel B of Transworld Plat, according to the Plat thereof, recorded in Plat Book 116, Page 8, of the Public Records of Broward County, Florida. 775 Taylor Lane Folio No. 5042-35-10-0010 Tract 1 of Derecktor's South, according to the Plat thereof, recorded in Plat Book 89, Page 21,of the Public Records of Broward County, Florida. 760 Taylor Road Folio No. 5042-35-12-0010 Lot 1 of Powell Brothers Barge Terminal, according to the Plat thereof, recorded in Plat Book 96, Page 27, of the Public Records of Broward County, Florida. 750 NE 7rh Ave Folio No. 5042-35-17-0010 Parcel A of Port Laudania, according to the Plat thereof, recorded in Plat Book 120, Page 39, of the Public Records of Broward County, Florida, LESS AND EXCEPT the East 333 feet of the South 743.82 feet and Dania Canal. 5 ORDINANCE#2007-014 Location Map: CITY OF DANIA BEACH TX-19-07 =IR HIS SIT I-G TAYLOR LN qd I-G 4 IRO Danis Cutoff CYOGI NE 3RD I f ER C-3 C 3 RS-3000 _ OS R,'d City of Dania Beach, Florida Department of Community Development Planning and Zoning Division General Development Application (954) 924-3645 ❑ Administrative Variance ❑ Assignment of Flex/Reserve Uni ❑ Land Use Amendment ;C•� r,r ❑ Plat ! f ❑ Plat Delegation Request ❑ Rezoning Date Redd• -'> -c ❑ Site Plan b/,� 0 1i'•J) l 1 ❑ Special Exception Petition No.: =\t -C) 1 ❑ Special Request E i ❑ Trafflcway Waiver ❑ Variance ❑ Vacation Request SI Other; Zoninit code text change THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checldlst to determine the supplemental documents required with each application. For after the fact applications,the responsible contractor of record shall be present at the board hearing. Their failure to attend may Impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: 490 Taylor Lane, 760 Taylor Lane, 775 Taylor Lane, 750 NE 7th Avenue Lot(s): Block: Subdivision: Recorded Plat Name: PORT LAUDANIA Folio Number(s): See Exhibit 1 Legal Description: See Exhibit 1 Applicant onsultant/Legal Representative(circle one) Gunster. Yoakl v & Stewart Address of Applicant: 500E Brnward Blvd. - s i 1 Do Fnrr Ln d dale �94 Business Telephone: 954-462-2000 Hcme: Fax: 954-523-1722 Name of Property Owner: See Exhibit 2 Address of Property Owner: See Exhibit 2 Business Telephone: Home: Fax: Expianzt:on of Request: Text change to I-G Zoning District Fr,:?. Net Acreage: N/A Gross Acreage: N/A Prop. Square Footage: N/A :farina, boatyard, manufacturing, assembly F,',t;rg U'c2;and ,ices related and Proposed Use: Same accessory Is pr.,p._r�/cwned individually, by a corpor_tion, cr a joint venture? Corporations and Joint venture I understand that site plan and variance approval automatically expires within 12 mo 1 s of Cit ommisslon approval, pursuant to Ordinance No. 2005-040. Donald R. Hall 3/30/07 CApp1lca:n:9 Owner Ainature Print Name Date APPLICANT,CONSULTANT,OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This 30thdayof March 20-0 Gunster Yo Signature: Date: March 30, 2007 �IA50R�, a,uA By: Donald R. hall SigrVNaffWof Notary Publ (Print Name) State of( Florida ) 500 E. Broward Blvd. Suite 500 Fort Lauderdale, FL 33394 /f1ARV �I. 1-�ARGREAYES Print Name of Notary Street Address, City, State and Zip Code 954-462-2000 MARYKHARGREAMEB 954-523-1722 Seal: NO CVMM EXPiRES:September K20W11 Telephone No. &Fax No. aai0.0 ll.h Nah./KMih vm1m, INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described abov d that I have authorized (Applkant/ConsulWnt/RepresentaWe) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This day of 20_ Signature: e: Sign Name or Notary Public (Print Name) :hate of( ) >jntName of Nn' Street Address, City, State and Zip Code n E Fires: Telephone No. &Fax No. CORPORATION NOTARIZED SIGNATURE: This Is to aetlfy that the below referenced corporation Is the owner of sb)ect lards described above that 1, as a duly authorted officer, have authorized (emu ) m make and file the doresaid aKban Shorn to and atsbscribad before me Corporation Name: This_day of 20_ Slgnatsra: Date• Print Name) Sign Name of Notary Public (Print Title) State of( ) Print Name d Stred Address,City,State and Zip Code Egires: Tdephane No. &Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This Is to certify that the below referenced that the duly authorized prisons are the owners or subject lands described above and that all parbws have audmdzed (ApplicarWonmllant/Represenmti e) GMSTF iL. nta KLE Y . S-r c u n e_r to make and file the aforesaid application. Swom to and subscribed before me This day of 20M 20 o' pp Signature: p_�r�-�t�-t Date:__ .3/z l l o y z I ac� H ,J S• (OW�.CL .f2, (Print Name)** Sign Na ,e of Note Public I state of 0 A ) C �'NC2l� Zost>N9�R.E= �(D %Ayco��gti�c NIA l�tncr+ fL 33c��� Rini Name of Notary SStred Address,City,state and'21p Code Commission Fxyires: 9 300 /�S�)ci L 3 - 1302 �itJ S4 1 4Z I /3 01/5 Seal: Telephone No. &Fax No. t,} GYERiE ROSENBERG cot'.4t.'!l�Ci3Mki6S17jftCAtth9iitd icatesteetsasrequired. Ma19,2007 n CORPORATION NOTARIZED SIGNATURE: Ibis is to catty that the below referenced corporatlon lis the owner of subject lards described above and that I, as a duty authorized officer, have authorised (AppliontaCarsuRarrt/Pgxese to make and file the aforesaid a Sham to and srr6scribed before me Corporation Name: This_day of 20 Signature: Date: nt Name) Sign Name of Notary Publk (Prot Title) Srete of( ) Print Name of Street Address,Cft State and Zip Code can Expires: Telephone Na &fax No. IOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to oN* that the below referenced that the duty authorized persons are the owners of subject lards described above and that all parbo have authorized (Applicant/cormtenOtepresenfative) u r�sreP-, LAKLC4 l SrG:uLAQt to make and file the aforesaid application. Swam to and subscribed before me This Z I dayof "-CO 200' A Signature: Date: R . d. owe I (Print Nam)** Sign Nam of Notary IC State of( F1,091OA ) CNE�i� I`d�Ktig�12G- �6p TA-Y4ekkAAlc � 1)AtJ,'a?EACh+FLU 3300 Print Name of Noary Street Address,My,State and Zip Code CommissionExVres: 61q�z00 (Sy qM-Y02 Zh S` ) 4L3 - l3oG " Telephone No. &Fax No. I.; �.�+'�'�,� � CHERIEROSENBERG i• �� i. •. ; s. 41YCCMMISSI0r00213022 (�+ t EXPIRES;M1! 12007 . fterrrnd vyw„e A duplicate streets as required. CORPORATION NOTARIZED SIGNATURE: This Is to certify that the below referenced corporation Is the owner of subject lands described above and that I, as a duly authorized officer, have authorized (Applicant/Consukant/Representative) hue CM-0i YoakLa�at StaAjAAZ i.A • to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: ERE o2 N1JE 'A e. d/bra Dt�2rCkr/r2 oFF�'a'D This 'day of AYG� 2011 Signal: ' Date: 31Z?IZ009 e4fAl TMOAIOZ p (Print Name) A V, Gc•'Ntxott� /It,WAGE•ic Sign Name of Notary Public (Print Title) State of(rLo 2r 0A ) d7'4'e00//A 4. r-agiv s-S '�S" ?AYLo2 C RNE b }N (3t aCN}6G�1. �tTooS� Print Name of Notary Street Address,Gty,State and Zip Code CommisslonExplres:7�/�001 P!r•8S9r}4Z0-S'�f�-GMt Seal:;„.„„ Marcella S.Furness Telephone No. &Fax No. Commusion MDD218940 •E Expires:Jul 13,2007 Bon ded Thtu Atlantic Bonding Co.,Im. 30INT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are a owners of subject lands described above and that all partners have authorized (Appllcan onsultantlRepresentative) to make and fil a aforesaid applicabon. Sworn to and subscribed before me This_day of _20_ Signature: Date, (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission rores: Seal: Telephone No. & Fax No. ! OF rh 7vy n.,r mjsa' c; n. A'tarh duplicate sheets as requ!red. CORPORATION NOTARIZED SIGNATURE: Iv..d.a 1•cVrLt. 'kf� This Is to certify that the below refereneei�rnrporatlon is the owner of subject lands described above and that y as Va duly authorized officer, have authorized (App0caWCo wbrrVRepm=tatta) _�ilw•.r¢2 I�HitIEY • St GU Aa-r to make and file the aforesaid application. tr•• L-7.W-1 Swam to and subscribed before me Corporation Name: =�This day of /fir-c 1, . 201 7, . Signature �l.X �� crl .�,.:..}�•�. 1l .. � Date:-_ heie(. 27l2-0 T K�'r Fr,.k�. [L r (Print Name) r\S,C{ . fix!r•.t ex Sign Narne of Ncory Public (Print Title) ' State of(F'L OA ) m(.{ lLS ia.ry l`i )J.••-c. $tL 3u. Print Name of Notary Street Address,City,State and Zip Code Commission Expires: U L )>�2 L?z�) 7 31--(4ca, e�wswu rACK.. Telephone No.&Fax No. Cae+na 000»oso sw.w+rivam 1" urasr.POWM4M ..W.] ]DINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This Is to certify that the below referenced that the duly authorized persons are owners of subject lands described above and that all partners have authorized (Applican onsultanVRepresentatNe) to make and Al a aforesaid application. Sworn to and subscribed before me This_day of 20_ Signature: Date, (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City,State and Zip Code Ccmmisslon ires: Segal: Telephone No. &Fax No. j"`:iih partmar.m,st sign. Attach duplicate sheets as required. CORPORATION NOTARIZED SIGNATURE: This Is to certify that the below referenced corporation Is the owner of subject lands described above and that [ a duly aut}» ed officer, authorized (ApplicangCoroultaM/RepreseMauve) f' G'uA+S7FGw1Gtfr( r jr to make and file the aforesald application. Sworn to and subscribed before me Corporatlon Name: -$ A O i ' O U NGS r SNC TNs�day of 40V 20Q/ Signature: � S Date: ZO d i 04 reyly srR.aue (Print Name) Sign Name of Notary Public (Pr1M Title) state of( FCaik ) Jlehe&�, )rt.6rIle 11196 ljeelb 3 Apm> ���1✓d?"W 're - Street Name of Notary Street Address,City,State and Zip Code \\\`\�a►at�l�Pffiri,, 33d1¢ �J �� :..... onExrtirrs: ll- l-OV ( 5(0!) / ip^7� _ ����.••µµtSSlOt(y'faL(�4 Tie No. &Fax No. ��r 1 74$ r'�u�omber/� g90 J i �� iPNi 0D. f# q 90 .7 TUBE/PARTNERSHIP NOTARIZED SIGNATURE: ice• p:•gMm ,••� `��• ��, eLg'• certify that the below referenced that the duly authorized persons are owners of subject err///r��111111h1 �pb� described above and that all partners have authorized (Applican ItanyRepresentauve) make and fll a aforesaid application. Sworn to and subscribed before me This_day of 20_ Signature: _ Date, (Print Name)*' Sign Name of Wary Public State of( ) P nt llama of Notary Street Address, City, State and Zip Code Commission fires: Seal: Telephone No. &Fax No, j'E,ch partner roust ern. Attach duplicate sheets as required. GunsterYoakley Our File Number:29452.00001 ATTORNEYS AT LAW Writer's Direct Dial Number:(954)468-1358 Writer's E-Mail Address:dhall@gunster.com March 30,2007 VIA HAND DELIVERY 'dAR 3 0 2591 Laurence Leeds,AICP ,+•';. ;; ; ;�,1 City of Dania Beach 100 West Dania Beach Boulevard - -- --- Dania Beach, FL 333004 Re: Dania Beach Boatyards— Request for a Zoning Code Text Change to the IG Zoning District Ordinance Dear Larry: On behalf of MarineMax Motor Yachts, LLC, R.O. Powell and J.S. Powell, Jr., Derecktor of Florida, and Palm Beach Polo Holdings, Inc., we enclose the following documents in order to process the above-referenced request: 1. Four checks, each in the amount of$1,291.25, totaling$5,165.00; 2. A completed General Development Application for a zoning code text change to amend the IG Industrial General Zoning District Regulations with four separate signature pages and Exhibits 1 and 2; and 3. A proposed Ordinance. Please confirm that we will be placed on the first available City Commission agenda. If you have any questions, please do not hesitate to contact me at 954-463-1391. ll 9in� C� D alA. Hall DRICmh Enclosures cc w/encl: Mr. PQtcr Smith \fe. James S. Powell, III Nfr. Selby Galloway 1Ir. .%Lic McLaurltlin Exhibit 1 Folio Numbers/Legal Descriptions 490 Taylor Lane Folio No. 5042-34-43-0010 Parcel A of Transworld Plat, according to the Plat thereof,recorded in Plat Book 116,Page 8,of the Public Records of Broward County, Florida. 760 Taylor Road Folio No. 5042-35-12-0010 Lot 1 of Powell Brothers Barge Terminal, according to the Plat thereof,recorded in Plat Book 96, Page 27,of the Public Records of Broward County, Florida. 775 Taylor Lane Folio No. 5042-35-10-0010 Tract I of Derecktor's South, according to the Plat thereof, recorded in Plat Book 89, Page 21, of the Public Records of Broward County, Florida. 750 NE 7`h Ave Folio No. 5042-35-17-0010 Parcel A of Port Laudania, according to the Plat thereof, recorded in Plat Book 120, Page 39, of the Public Records of Broward County, Florida, LESS AND EXCEPT the East 333 feet of the South 743.82 feet and Dania Canal. n.. ,. Exhibit 2I • Names and Addresses of Property Owners 490 Taylor Lane MarineMax Motor Yachts, LLC Florida Limited Liability IS 167 U.S. Highway 19 North Suite 300 Clearwater,FL 33764 Telephone: 727-531-1700 760 Taylor Lane J. S.Powell,Jr. R.O. Powell Joint Venture P.O. Box 14550 Fort Lauderdale, FL 33302 Telephone: 954-923-1302 Facsimile: 954-92 3-1306 775 Taylor Lane Derecktor Gunnell, Inc. d/b/a Derecktor of Florida Wa Robert D. Derecktor& Co. Florida Corporation 775 Taylor Road Dania Beach, FL 33004 Telephone: 954-920-575 6 Facsimile: 954-925-1146 750 N.E. Seventh Avenue Nlm Beach Polo I loldings, Inc. Florida Corporation 11199 Polo Club Road Wellington,FL 33414 Telcplionc: 561-798-7110 - CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING NOTICE OF TEXT AMENDMENT AND AMENDMENT TO THE PERMITTED USES LISTED IN CHAPTER 28,-ZONING'OF THE CITY OF DANIA BEACH CODE OF ORDINANCES The City of Dania Beach proposes to adopt the following ordinance: ORDINANCE NO. 2007-014 - AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING AN AMENDMENT TO CHAPTER 28 OF THE CODE OF ORDINANCES RELATING TO THE INDUSTRIAL-GENERAL (IG) ZONING DISTRICT TO PROVIDE FOR ADDITIONAL PERMITTED USES AND REGULATIONS FOR CERTAIN DESCRIBED LANDS WITHIN SUCH ZONING DISTRICT WHICH AREA IS GENERALLY NORTH OF THE DANIA CUT-OFF CANAL AND SOUTH OF TAYLOR LANE; PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (2ND PUBLIC HEARING) A public hearing will be held at the following date, time, and meeting place: Date: August 14, 2007 Time: 7:00 p,m., or as soon thereafter as possible Place: City Commission Room Dania Beach Administrative Center 100 West Dania Beach Blvd. Dania Beach, Florida 33004 FA i -cw City of Dania Beach ( �� Boundary Map `t The above ordinance affects the entire area indicated In the above map. Copies of the proposed Ordinance are on file in the Office of the City Clerk,City Hall,100 West Dania Beach Boulevard,Dania Beach,Florida,and maybe inspected by the public during normal business hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act,persons needing assistance to participate in any of the proceedings should contact the City Clerk's Office, 100 West Dania Beach Boulevard, Dania Beach,Florida 33004,and(954)924-3623 at least 48 hours prior to the meeting. Lou Ann Cunningham Publish: Friday,August 3,2007 ! Planning Associate — CITY OF DANIA BEACH Agenda Item # Agenda Request Database Date of Commission Meeting: 8/14/2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) X❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: ORDINANCE NO.2007-015 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE REQUEST BY SALTZ MICHELSON ARCHITECTS REPRESENTING THE PROPERTY OWNER,BROWARD INTERNATIONAL COMMERCE CENTER,INC.,TO REZONE PROPERTY LOCATED AT 280 BRYAN ROAD,DANIA BEACH,FLORIDA,AND LEGALLY DESCRIBED IN EXHIBIT'A',A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C3(COMMERCIAL),TO C 4 (COMMERICAL);SUBJECT TO CERTAIN RESTRICTIONS:PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY:FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ RZ-87-06: Saltz Michelson Architects, representing Broward International Commerce Center, Inc., requests a zoning change for the property located at 280 Bryan Road (FIRST READING). Ordinance Staff Report Site Map Application Site Plans Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attomev Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2007-015 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST BY SALTZ MICHELSON ARCHITECTS REPRESENTING THE PROPERTY OWNER, BROWARD INTERNATIONAL COMMERCE CENTER, INC., TO REZONE PROPERTY LOCATED AT 280 BRYAN ROAD, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-3 (COMMERCIAL), TO C-4 (COMMERICAL); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City's Planning and Zoning Advisory Board, sitting as the local planning agency, has reviewed this Ordinance and recommended its approval to the City Commission; and WHEREAS, the City Commission has considered this Ordinance at a duly noticed public hearing according to law; and WHEREAS, the City Commission finds that this Ordinance is necessary for the preservation of the public health, safety and welfare of the City's residents; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the rezoning request filed by Saltz Michelson Architects, for property located at 280 Bryan Road, within the City of Dania Beach, Florida, is granted and the parcels as described in Exhibit "A" are rezoned from the "C-3" zoning classification to the "C-4" zoning classification, a copy of which request is attached to this Ordinance. Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That this Ordinance shall be effective immediately at adoption on second reading. PASSED on first reading on 12007. PASSED AND ADOPTED on second reading on 2007. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE#2007-015 EXHIBIT "A" LEGAL DESCRIPTION Tract "A", less and except the South 710 feet thereof, "RE-AMENDED PLAT OF HOLLYWOOD PALMS", according to the plat thereof, as recorded in Plat Book 36, of Page 46 of the Public Records of Broward County, Florida. Said lands situate and lying in the City of Dania Beach, Broward County, Florida, and containing 12.578 acres, more or less. 3 ORDINANCE#2007-015 Location Map: CAT CAY �' ---.- DpiVIIDt[CAST 'Py' NW 7TH ST T-1 - AGUA N.�ST— JAMAICAST s H cs,, Cr4 z C-3 w C-4 (? C-4 C3 This-te LU ip NW JRD.sT W40 1' I BRYAN RD N BRYAN RD N x3 r+ L C L{ IROM` - - NW 2ND ST > Q .. IROC IRO - -3 u z z y — - — � NP'•1ST ST U � CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: August 14, 2007 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director �• G Corinne Lajoie, AICP, Principal Planner SUBJECT: RZ-87-06: Saltz Michelson Architects, representing Broward International Commerce Center, Inc., requests a zoning change for the property located at 280 Bryan Road (FIRST READING). The subject property contains 12.57 acres. The property is vacant except for a retention area serving adjacent developed lands. The site is currently zoned C-3 (General Commercial). The applicant proposes C-4 zoning (Service and Warehouse Commercial). As indicated below, land to the west (DCOTA) and south (BICC 1 ) is currently zoned C-4. ADJACENT SITES Zoning District Existing Use North T-1 (Mobile Home) Ocean Waterway Mobile Home Park South C-4 Office/Warehouse (BICC Phase 1) East IROM Bryan Road & Outdoor boat storage West C-4 DCOTA In addition to the zoning change, the applicant has submitted site plan (191 ,356 square feet of warehouse/office) and variance (setback and landscaping along the north lot line) applications. The site plan and variance will be presented at second reading of the zoning change. Current C-3 zoning is intended for office, retail, restaurant, and general commercial uses abutting major roadways. For example, US 1 frontage between Sheridan Street and Stirling Road is zoned C-3. Existing businesses include retail, office, medical office, and restaurant uses. Proposed C-4 zoning allows C-3 uses plus the following additional uses: 1) Warehouse and distribution as a permitted use. 2) Fabrication, assembly, and automotive repair uses as a special exception use. The applicant has not submitted an application for special exception approval at this time. If the applicant submits a special exception request at a later date, two noticed public hearings (including one City Commission hearing) are required. PLANNING AND ZONING BOARD RECOMMENDATION Approval. City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request W Rezoning Date Rec'd: — ❑ Site Plan f❑ 7 Special Exception Petition No.: I�L � - �0r o ❑ Special Request ❑ Trafficway Waiver ❑ Variance ❑ Vacation Request ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: 280 Bryan Road, Dania Beach Lot(s): Block: Subdivision: Recorded Plat Name: Hollywood Palms-Reamended Plat Folio Number(s): 504233050010 Legal Description: Tract A less & except South 710 ft thereof, Re-Amended Plat of Hollywood Palms, Plat Book 36 age Aj;p icanl,' Oisui.dri�/LeC; nepi ,,:ntcdve k irc:e onvi _Cp Lv ? I11 fah -- Address ofAppllcant: 888 S .E. 3rd Ave. , Suite 301 , Fort Laud. 33316 Business Telephone: 9 5 4-7 6 4-7 1 51,Wme: Fax: Asa- 76a--7,)-79 Name of Property Owner:Broward International Commerce Park, Limited Partnership Address of Property Owner: 1700 Stutz Dr. , Ste 25, Troy, MI 48084-4502 Business Telephone: Home: Fax: Explanation of Request: Rezoning of this property from C-3 to C-4 Prop. Net Acreage: Gross Acreage: Prop: Square Footage: Existing Use: VACANT LAND Proposed Use: Warehouse/Office Is property owned Individually, by a corporation, or a joint venture? CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: This_day of 20_ Signature: Date: (Print Name) Sign Name of Notary Public (Print Title) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. ]OINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above arld that all partners have authorized (Applicant/Consultant/Representative) to m e and f the aforesaid application. fDLU Ihi�vY�a q� V[r 1 L-� Sworn to and subscribed before me This�'day of Date:_ �kr l; j MMUIN z. Dft�7(a }614�51lfTZ� (Print Name)** Name of Notary Public State of Print Name of Notary ;,, ;;;,,;;,,;,;<, Street Address, City, State and Zip Code Commission Expires: 770 Seal: Telephone No. & Fax No. **Each partner must sign. Attach duplicate sheets as required. I understand that site plan and variance approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2005-040. Applicant/Owner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultan ep ive: This:z__day of 20vo Signature: Date: 0 2 Comer od L. h t Sign Name of Notary Public 0 (Print Name) State of( .F/v vi,dc,) y SS BERG MYCOMMIICN DD 390767Wilh &k6 EXPIRE Print Name of Notary Stree d Commission Expires: 9 �/-7/5D Seal: Telephone No. &Fax No. INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This day of _ 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. JUSTIFICATION STATEMENT Broward International Commerce Park, Limited Partnership ("BICC"), has submitted a proposed site plan to the City of Dania Beach, Florida ("City"), to expand the existing warehouse/office complex located at 280 Bryan Road, Dania Beach, to the northern vacant portion of the property owned by BICC. The southern portion of the property owned by BICC, on which the existing warehouse/office complex is located, is zoned in the City's C-4 zoning district. The northern portion of the property, where the warehouse/office complex will be expanded, is zoned in the City's C-3 zoning district. When completed, the BICC project, including the existing warehouse/office complex and the proposed expansion, will be one integrated and interrelated development, the principal use of which(i.e.,warehouse) is a permitted use in the City's C-4 zoning district, but not the City's C-3 zoning district. In order to expand the existing warehouse/office use in the City's C-3 zoning district, it would be necessary for BICC to obtain a special exception approval from the City for such use. This would lead to an anomalous and incongruous situation in which a portion of the land on which the development is located is zoned C-4 and a portion is zoned C-3, subject to a special exception approval. Different site development regulations and conditions of approval would apply to the northern portion of the property than would apply to the southern portion of the property, even though the entire property owned by BICC will be occupied by one comprehensive development. Future transactions involving the property and financing of the project will be complicated by the continuation of the present zoning dichotomy. Uniformity of zoning on the property will simplify the City's regulatory process relating to the project and facilitate the successful development and use of the property. The proposed rezoning of the subject property is consistent with the "Commercial" land use plan designation of the property on the City's Land Use Plan. The lands located to the west (the Design Center of the Americas) and south (the existing Broward International Commerce Center) of the subject property is also zoned in the C-4 zoning district, and the property located to the south o1 tilc subject prc,party is also 7uiied in the C-4 zoning district. Thus, the proposed zoning is compatible with adjacent zoning districts. The eastern boundary of the property is Bryan Road and the northern boundary of the property borders an existing mobile home park. This mobile home park will be buffered from the proposed expansion of the existing warehouse/office complex in accordance with applicable City requirements and appropriate site design elements. Vehicular access to the proposed project will be limited to Bryan Road and integrated with the access to the existing warehouse/office complex, thus avoiding any impact on other adjacent uses. III t00004833.DOC v.1 12/7/2006 10:21 AM) c 'Rot.,o c oNaulr.ti p0.�`^ W 2 %°`b - rvNN� pvL:<n eT VG FO-1 m� u9W� u� �E'n • :;,W£ F D; < 1 ' N p�� /Fy, gyCi tN� Yas�° � Q£ u'� p� Zo € 402$ am�z v{iF�.b.'�d eW QR.4xm� ysl 3'F^ < "J IG `j � 1\�v � '•vy^x`a VQ � aSZ�M bM ' g�p.�Q i(u �L 3W # pO' 'E`3m i OJ <°all - 0 nF a.. dv z0 oB�2'at °6� pi aQ�o'o �0�°ea LL'^i vv�i3 do my O0 - § z .yo d�;3 3VFFh <CO ^u"s W So0 4y ah n0 d i=d° c U l u t i - � vt�f �kv° i I .oazn 4f� t� t4 � yy�j QWON V --- 14, LrN 43 . P 0 p I �RIP erRu/�J MN/ /ey 9 d 3 2 'D v Emerald Lak wporale Park 3111 Stirling 1.,,ad Fort Lauderdale, Florida 33312-6525 BECKER Phone. (954) 987-7550 Fax: (954)985-417h POLIAKOFF r, j �� LS ,till Free: (800)432-7712 ;Mailing Address: 2 v o1 P.O. Box 9057 Ft. Lauderdale, FL 33310-9057 nnminsTRAYNI(MI(L Q Reply To: July 18, ?0117 Fort Lauderdale Neil til.Schiller, Esq. x„..1?71 u.,.,nLL II IL Direct dial: (954)985-4 l l7 'NW W_Ff CKE>dill i/,AU IF(IM NSchillcr(a,l)ecker-poliakoff.com n poll lC.EPiu,in RO c..lAl VIA E-MAIL: tansbro(a�,ci.dania-beach.tl.us BY HAND DELIVERY Mr Thomas Ansbro, Esq. City Attorney The City of Dania Beach City of Dania Beach 100 West Dania Bcach Boulevard Dania Reach. IT 33004 Rc: Planning and Zoning Board Items: RZ-87-06/ VA-39-07 Dear Mr. Ansbro: Please be advised that the law firm of Becker and Poliakoft" P.A., represents Ocean Waterway Co-Op, h1c., located at 1500 Old Griffin Road, Dania Beach, Plolida 33004. I IICrcby rcqucst that my client. Occan Watcrway Co-Op, Inc.. be considered a party intervcncr at all public hearings in the City of Dania Beach due to their closC proximity to the propoxd dcvclopMCIIL As it party intervcncr and affected party, my client ,hall he afforded all due process ri'htS under the quasi-judicial process afforded to the applicant, which include but arc not limited to: equal time to make a prescnCUion, ❑cccss to all exhibits, ❑ id the right to cross examine witnesses. I apologize in advance tot this laic notice. - ;Bestrag�lids, � Ncil til. chilltr L D::U. ND 'r.VS.t, ti5 S-P,TF OIS'S LAW OFFICES BILLING, COCHRAN, HEATH, LYLES, MAUFO & ANDE&SON, P.A. POST OFFICE BOX 21627 GREGORY T.ANDERSON FORT I.ADDRRDALR. FLORZDA 33335-1627 MICHAEL V.BAXTER CLARK J.COCHRAN.JR. SRO01 ERIC P.CZELUSTA W.TUCKER CRAIO FORT S.E.ERR AVENUE.SUITE 331FAZIO FORT LAU DERDALE.-71SOFLORIDA 33]I6 CARD H.HEAL SUSAN P.DELfOAI 19341 J04-T I90 CAROL J.HEALY GLASGOW THOMAS C.HEATH FAX:(954)704-J279 JUSTIN O.GROSZ GREGORY M. KEYSER KERA E.HAGAN GERALD L.KNIGHT ADO AUSTRALIAN AVENUE SOUTH.SUITE SOO DONNA M.KRUBBE DENNIS E.LYLES WEST PALM BEACH.FLORIDA 33401 DANIEL L LOSEY JOHN W.MAURO (361)0S9-S970 ALINE 0.MARCANTONIO KENNETH W. MORGAN.JR. FAX:(961)659-6173 KRISTA K.MAYFIELD BRUCE M.RAMSEY SHAWN S.MCKAMEY KEVIN M.VANNATTA 3001 N.ROCKY POINT DRIVE WT.SUITE 200 JOHN B.MOOREB TAMPA.FLORIDA 33607 MICHAEL J.PAWELCZYK STEVEN F.BILLING 11947-1999) ISIS)261.4671 T.CHRISTINE PEREZ HAYWARD D.GAY 1194 -aOOJ1 FAX (613)26P7746 ANDREW A.RIEF wWW.bch1m COR) PHILLIP W.THRON PLEASE REPLY TO: ' FORT LAUDERDALE May 31, 2007 VIA FACSIMILE: (954) 924-3642 Mr. Laurence Leeds Community Development Director City of Dania Beach 100 West Dania Beach Blvd Dania Beach, FL 33004 Re: Broward International Commerce Center Dear Larry: We represent the applicant in connection with the application for rezoning, variance and site plan approval for the above-referenced project. We wish to inform you that representatives of the applicant met with representatives of the adjacent mobile home park on January 10, 2007, to discuss the proposed project. In addition, I discussed the proposed project with the attorney representing the mobile home park several weeks ago. We have not received any comments from the representatives of the mobile home park or their attorney subsequent to those discussions. Thank you for your consideration. Sir rely e Id L ight /; or th irm SFD/alsa 100005335.DOC,.1 5,'30,2007 03:3i PM; JLL-16-2007 10:22 From:CVVS VET 5185630504 To:9549222687 P.2/2 'C0. planning and"toning Advisory Board ��^��_— City of Dania Beach MEMO J� FROM' Carl Ayotte 232 3amica street JUL 16 2007 Dania Beach,Florida 33004 Member of Board of Director's Planning Deese,Waterways Departmet DATE: July 16,2007 RE: Browerd international Commerce Center,Inc Request for a Zone Change(RZ-97-06) I am a resident at Ocean Waterway Park neat to the area in question I am also a member of the Board of Directors. I am writing to state that it is not fair to the residents or the Board to schedule these hearings when the majority of both are not available to attend the hearing. The people ttom Broward International came to us back in February. They stated the hearings would not be held for several months. They also stated that several buildings would be built,now the notice only mentions one. An office and warehouse building(SP-76-06). What else do they watt? We do not object to the warehouses,but if you grant a C4,it opens up the opportunity for several other businesses which we do object to neat to our homes. Their other warehouses were built under the C-3 Zone Why not keep the new ones under that zoning? Ts it possible for these hearings to be postponed to a later date? If you would like to contact me, T can be reached at 518-324-4845 Thank you for your attention to this matter. JUL-16-2007 10:22 From:CVVS VET 5185630 04 To:9549222687 P.1/2 TO: LOU ANN CUNNTNGHAM FAX: 954-922.2687 FROM: CARL AYOTTE-OCEAN WATERWAYS JUL 16 2007 Department Phone (954) 922-0984 Fax (954) 922-9440 e Ocean Waterway Mobile Home Park OCEAN WATERWAY Ocean Waterway Co-op Inc. Resident Owned Community 1500 OLD GRIFFIN ROAD DANIA, FLORIDA 33004 April 4, 2007 C f Becker & Poliakoff P. A. PO Box 9057 Fort Lauderdale, FL 33310-7948 Re: Broward International Commerce Center Dear Mr. Burg: On January 91h, 2007 we met with Chris Kerr Property Manager and Jerry Knight the attorney representing Broward International Commerce Center at their request. They have acquired the property to the south of us facing Bryan Road. They are proposing and requesting a zone change from the city of Dania Beach from commercial zone C-3 to C- 4. Allowing C-4 enables them automatic commercial warehouses and opening the doors to future manufacturing and or automotive work etc. which is not favorable for our community of private homes. After some brief research on our part we object to this zone change and are requesting your assistance in this matter. Sincerely yours, Danielle Cerny, Property Manager ?I� � Phone:(954)922.0984 Fax: (954)922-9440 MAY i (5i)i OCEAN WATERWAY Property Manager Depart ient Ocean Waterway Mobile Home Park Ocean WaterwayCo-Op,Inc. Resident Owned Community oceanwaterway@bellsouthnet Phone (954) 922-0984 r Fax (954) 922-9440OC Ocean Waterway Mobile Home Park WAT T EER W N WWAY Ocean Watemay Co-op Inc. 1500 OLD GRIFFIN ROAD Resident O%kned Comnnmite DANIA. FLORIDA 33004 C,V P May 3, 2007 Becker&Poliakoff, P.A. Mr. Lee Burg 3131 Sterling Road Fort Lauderdale, FL 33312 Re: Broward Intemational Commerce Center Development Agreement Dear Mr. Burg: Following our conversation of April 24, 2007 the board members are asking that they maintain C-3 status, no noise, no pollutants, no chemical odors, no body shop, no mechanical repair shops and any other issues that you feel should be implemented. If we agree to a development agreement, upon sale of property is the agreement biding with new owners? Thank you again for your assistance. 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Q9 VUD a 0 wW � ao c �r ayLL N x4 2 RII^1I Um x�in � O�Q ws" 0 LLi � iP Nu zo�w or �a m `n quo qua a8 i w6 N moo o xm a o p 'ANvnnn$ WUVX1 38nNlnm NI 1N 13M d[pi� a it ONLLNOOn 'Oa000-Z 803 133NS SINI 33S (3sve N W 3v101) .0-,OZ r \ 9pz EL �� =� <Yoo= m a o € �_ ° LL as J we5� MJ Z-0 p ajKU n iuul O O a CITY OF DANIA BEACH Agenda Item # ' • Agenda Request Database Nw Date of Commission Meeting: 8/14/2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑X Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: ORDINANCE NO.2007-016 AN ORDINANCE OF THE CITY OF DANW BEACH,FLORIDA,AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN IN RESPONSE TO A REQUEST BY FLORIDA POWER AND LIGHT,TO REDESIGNATE FROM'CONSERVATION'TO-UTILITIES'CERTAIN PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF SE 5TH AVENUE,BETWEEN SE 3RD STREET AND BE 3RD TERRACE(301 SE 5TH AVENUE),DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT-A",A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;PROVIDING FOR CONFLICTS:PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ LU-38-07: Daniel Habibe with Calvin-Giordano and Associates, Inc., representing Florida Power and Light, is requesting a Future Land Use Plan Amendment from"Conservation"to"Utilities"(FIRST READING). Ordinance Staff Report Application Public Hearing Notice Site Map Mailing List L hibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2007-016 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN IN RESPONSE TO A REQUEST BY FLORIDA POWER AND LIGHT, TO REDESIGNATE FROM "CONSERVATION" TO "UTILITIES" CERTAIN PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF SE 5T" AVENUE, BETWEEN SE 3RD STREET AND SE 3RD TERRACE (301 SE 5T" AVENUE), DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Daniel Habibe with Calvin Giordano and Associates representing the property owner Florida Power and Light, has made an application to amend the local future land use plan to replace the existing FPL Substation facility with a new substation; and WHEREAS, the City Commission desires to approve such application; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the Future Land Use Element and Map is amended as described below: THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN OF THE CITY OF DANIA BEACH, FLORIDA, IS AMENDED TO REDESIGNATE FROM "CONSERVATION" TO "UTILITIES" CERTAIN PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF SE 5TH AVENUE, BETWEEN SE 3" STREET AND SE 3' TERRACE (301 SE 5Te AVENUE), DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE. Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That the staff shall submit this amendment to the Broward County Planning Council for re-certification. Section 5. That this Ordinance shall take effect immediately at the time of its passage. However, this plan amendment shall not become effective until the conclusion of the process and time frames set out in Section 163.3187(3)(a) of the Florida Statutes and re- certification by the Broward County Planning Council. PASSED on first reading on PASSED AND ADOPTED on second reading on , 2007. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE#2007-016 EXHIBIT `A' Legal Description: Legally described as: The West 472 feet of the North 316.04 feet of the Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section 2, Township 51 South, Range 42 East, Broward County, Florida, Less and Except the West 35 feet thereof, and less and except therefrom that certain portion conveyed to the City of Dania, a municipal corporation of the State of Florida, by Quit Claim Deed dated January 31, 1958 recorded May 20, 1958 in Official Records Book 1227, Page 19, of the public Records of Broward County Florida. Said lands situate in Broward County, Florida and containing 130,601 square feet (2.998 acres) more or less. 3 ORDINANCE#2007-016 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: August 14, 2007 TO: Ivan Pato City Manager From: Laurence Leeds, AICP, Director �. l Corinne Lajoie, AICP, Principal Planner SUBJECT: LU-38-07: Daniel Habibe with Calvin-Giordano and Associates, Inc., representing Florida Power and Light, is requesting a Future Land Use Plan Amendment from "Conservation" to "Utilities" (FIRST READING). LOCATION: 301 SE 5 Avenue, on the east side of SE 5th Avenue between SE 3rd Terrace and SE 3rd Place CURRENT FUTURE LAND USE DESIGNATION: Conservation PROPOSED FUTURE LAND USE DESIGNATION: Utilities The subject property is located on the east side SE 5th Avenue, between SE 3 Street and SE 3 Terrace. The subject parcel is 2.99 acres in size and is currently being used as an unmanned electrical substation. The Future Land Use Plan ("LUPA") designation and current land use of surrounding properties are indicated below. ADJACENT SITES Zoning District Existing Use North Conservation Vacant South Conservation Vacant East Conservation Vacant West Low 5 Residential Single Family The existing substation was built in the 1950's. Between 1979 and 2004, the substation parcel, as well as wetlands to the north, east, and south, was designated "Estate Residential" (One dwelling unit per acre). In August, 2004 the City Commission changed the land use designation of the surrounding wetlands (120 acres) to "Conservation." The substation, the only developed parcel in this area east of SE 5th Avenue, was also changed to Conservation. Today, FPL wishes to demolish and replace the existing substation with a new, larger facility on the same 2.99 acre site. Based on plans submitted by FPL: 1 ) The existing substation occupies approximately 16,440 square feet (13% of the site). The replacement substation would occupy 40,000 square feet (30% of the site.) The additional outdoor equipment area would extend to the east, north, and south of the existing equipment area. 2) Electrical equipment height of the new substation would be equal to or less than what exists today. 3) Because the new substation will be expanded primarily to the rear and sides, the existing 85 foot front yard setback along SE 5th Avenue will not change. FPL indicates it will replace the existing storage vault with a similar building not to exceed 500 sq. ft. The City Attorney indicates site plan approval is not required for new buildings or additions not exceeding 500 square feet in area. The City Attorney also indicates approval of the land use plan amendment to "Utilities" will allow future expansion of the substation footprint without City Commission approval, provided FPL complies with City landscape requirements. PLANNING AND ZONING BOARD RECOMMENDATION On July 18, 2007 the Planning and Zoning Board recommended approval of the required land use amendment. / V 0 JUL 3 0 2002 Planning Department P rtment July 27,2007 Mr. Lary Leeds Director of Community Development City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Dear Mr. Leeds, We at FPL know how important reliable electric service is to you and all the other members of the communities we serve. To continue to provide reliable service and meet the future demand for the city of Dania Beach,we are expanding a substation in your area. FPL has submitted an application for a Land Use Plan Amendment that supports this expansion project. We recognize that the construction at this facility might be a matter of interest to you. As one of your neighbors, we invite you to attend a meeting which will provide you with information about this project and answer any related questions you may have. Where: Frost Park Recreational Complex 300 NE 2nd Ave. When: Monday,August 6,2007 7:00 PM Should you want to reach us before the meeting takes place, please contact Maria Betancur at(954) 321- 2074 or myself at(954) 321-2215. Sincerely, Lynn Shatas Broward County Regional Manager cc: Mayor Bob Anton Vice Mayor Albert Jones Commissioner John Bertino Commissioner Anne Castro Commissioner Patricia Flury City Manager Ivan Pato Director of Community Development, Larry Leeds Message Page I of 2 Loftier, Christine From: Leeds, Larry Sent: Monday, July 30, 2007 1:58 PM To: Lottier, Christine Subject: FW: FPL Dania Substation Attachments: Dania Substation.tif; FPL Dania West Elevation.JPG; FPL Dania East Elevation.JPG; FPL Dania North Elevation.JPG; FPL Dania South Elevation.JPG; FPL Dania Site Plan.JPG Laurence Leeds City of Dania Beach 100 West Dania Beach Boulevard Dania Beach,FL 33004 954-924-3640 e-mail: lleeds@ci.dania-beach.fl.us From: Dickerson, Dwayne [mailto:Dwayne.Dickerson@ruden.com] Sent: Monday, July 30, 2007 1:02 PM To: Lajoie, Corinne Cc: Leeds, Larry; Bruce_Barber@fpl.com; dhabibe@calvin-giordano.com; Mele, Dennis; lynn_shatas@fpl.com Subject: FPL Dania Substation Corinne, Per your e-mail below, please see the requested graphics attached including the survey, revised elevations (measured from the crown of the road)and site plan. Feel free to contact me if you have any questions. Dwayne IRS Circular 230 Disclosure: Please note that the views expressed herein or in any attachments hereto are not intended to constitute a"reliance opinion" under applicable Treasury Regulations, and accordingly are not intended or written to be used, and may not be used or relied upon, for the purpose of(i) avoiding tax-related penalties that may be imposed by the Internal Revenue Service, or(ii) promoting, marketing or recommending to another party any tax-related matters addressed herein. Dwayne L. Dickerson Attorney 200 East Broward Boulevard Suite 1500 Fort Lauderdale,FL 33301 Direct 954-527-2450 1 Fax 954-333-4050 Dwayne.Dickerson@ruden.com I www.ruden.com 7/30/2007 I Message Page 2 of 2 NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 954- 764-6660 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender. From: Lajoie, Corinne [mailto:cchurch@ci.dania-beach.fl.us] Sent: Thursday, July 19, 2007 11:30 AM To: Dickerson, Dwayne Cc: Leeds, Larry Subject: FLP As s result of last nights meeting, can we get a revised equipment profile plans (both current and new) measured from the crown of the road (1 1 x 17 are fine). Also, can we get a copy of the landscape, site plan and survey in digital form (jpg) including surrourning properties if available for us to use in our PowerPoint presentation. Thanks. Corinne Lajoie, Principal Planner City of Dania Beach (954) 924-3704 7/30/2007 W r, esi x el. P •' .� .e^;ra Q5e P9`s b — 4 55 pp a° e8j as i E " i P3_. s Ea a s-� A a r ge tie r � � 3Qe Pxa Ql Q�e ors ba'� fiPfixax$p "s SP �+�P � �6 I [[ k F R W QQvaI Y e ? 3 t PI i6Q F eg w E55¢�fr°25 -,� _ rc y SP !Y §.H ScxaR k°'.�E. � .. 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H'E e= i G a o»g i: Zgij 33 vs =' Edya !H fill N ' it iy 'y b Ga$ E a ez sEdii^ I �'! sH3eF gg i iE t $ s b : H El �" — i H i bi`f 9 uI3Y 7 aia e4 a :_EG t �_o �bH 8 z —G � E�-$i0 {pp ii a• .y � a, e � � E ; "a pa : $ j A _,ijl $ ii °fe $ �$p� = Y � aE !! 9 Y3 W fiai�i R MIN e3G iG e F;�H a # i m i a11l5 s a x W I ZQ Od ti N N !b 7 N G w 2 ' a o Y o f � m F J � sb4 y S eE . a$ I s�, �. � •� I t4 's a_ ° 5 +� $ ; I n ? fir . § it i Y7a 3qa is U 5 E$ 1 HIM, r 3(IN3d< U+S '3'S I I I I � W 1� a Hoax I rage t of 2. Leeds, Larry From: Johanna M. Lundgren [JLundgren@wsh-law.com] Sent: Monday, July 09, 2007 5:05 PM To: Leeds, Larry Cc: Susan L. Trevarthen, Ansbro, Tom Subject: FPL Land Use Amendment Larry: Please review the following analysis concerning the FPL Land Use Map amendment application and your questions concerning site plan and design requirements. Please advise if you have further questions about this application. Florida Power and Light (FPL) is requesting an amendment of the City's Land Use Plan to change the land use map designation of the parcel upon which an electric distribution substation is located from the designation of Conservation to a designation of Utilities. FPL is seeking this land use map amendment to allow the replacement of an existing distribution electric substation with a new substation. Section 163.3208, Florida Statutes, was enacted in 2006 and governs the local government approval process for new distribution electric substations with the intent of providing for sufficient electrical service while maintaining land use compatibility. 1. Land Use Designation: Currently, the City land use designation for the substation parcel is Conservation, although the zoning designation of the parcel is RS-12,000 Residential. Section 163.3208, Florida Statutes provides that new distribution electric substations are permitted uses within all land use and zoning designations with the exception of conservation or historic preservation land use designations. Section 163.3208(4), Florida Statutes. The applicant has applied for a land use map amendment of the substation parcel from the Conservation land use designation to the City's Utilities land use classification, in which "electrical lines, poles, substations, and transmission facilities' are expressly permitted. City of Dania Beach Comprehensive Plan, page 30. Following the land use plan amendment, the electric distribution substation will be a permitted use on the subject parcel. Section 163.3208(4), Florida Statutes, requires that a new electric distribution substation must be treated as a permitted use in the RS-12,000 residential zoning district. Therefore, per the statute, the new electric distribution substation will be a permitted use under both the applicable land use designation, and will be permitted in the zoning category. 2. Site Plan and Design: a. Site Plan Review Requirement: The applicant intends to fully replace the substation's existing electrical equipment. According to the applicant's letter dated November 27, 2006, the replacement of this equipment will not trigger the requirement for site plan review pursuant to Section 8-4 of the City's Code of Ordinances. Section 8-4(r) of the Code of Ordinances provides that building additions that do not exceed 500 square feet in size shall be exempt from the requirement of site plan review. The applicant has stated that the reconstruction of the existing unmanned relay vault building, the sole building structure on the site, will not result in additional square footage in excess of 500 square feet. However, the most recent plans submitted by the applicant indicate that the renovated structure will slightly exceed 500 square feet in size. Unless the applicant submits plans indicating that the structure will not exceed 500 square feet, the applicant may be required to undergo site plan submission and review. b. Landscaping and Setback Requirements Section 163.3208(3)(b), Florida Statutes, provides minimum requirements for setback and landscaping of a new distribution electric substation between the property boundary and the permanent equipment structures of the substation. Pursuant to the statute, the City can require that the location and design of the landscaping, setback, and buffering of the permanent substation equipment meet the following requirements: i. Where the setback between the property boundary and the substation's permanent equipment structures is between 100 feet and 50 feet, "an open green space shall be formed by installing native landscaping, including trees and shrub material, consistent with the relevant local government's land development regulations. Substation equipment shall be protected by a security fence consistent with the relevant local government's land development regulations." ii. Where the setback between the property boundary and the substation's permanent equipment structures is less than 50 feet, "a buffer wall 8 feet high or a fence 8 feet high with native landscaping consistent with the relevant local government's regulations shall be installed around the substation." See Section 163.3208(3)(b), Florida Statutes. The latest landscape plan received from the applicant is dated September 6, 2005 and labeled "Conceptual 7/12/2007 Page 2 of 2 Landscape Plan." Staff should require updated landscape plans prior to making a determination as to the substation's compliance with the statutory requirements and with the landscaping requirements of the City Code. Johanna M. I'll rcn. Esq. W1 1(s St.1,()"t.A Hi i i .M �keiss Scrota I leliitian Pastori/a Cole Boni>Le. P.L. 1001 ast E nmard Blvd., Sunc lino �a,l i nRv.A 1 ait t ILOCi Ldc. 1 I, 4 1 �atLtl x JI,undgren_gw_sh-law.com 13UNLtiRtt.1'L. I ("9 .1)763-:4242 Fas: (954)764-7770 Ihi. ines,atr together with piny artachnrents, is intended onh firr the addrossoe. It roay contain inlotiu;uion Much is Ico.all� prig it _ed. confidential and eyentpt from disclu�ure. Iryou arc nut the intended recipiont, }ou nre herebp notified that am disclosure, copy a<. distribution. usc, or en act v ion or reliance on this communication Is strictly prohibited. II'yuu have recciced this ' 111,111 in error. 111easc 11OWN the sender inuncdiMkeh by telephone 763-d-'43 or b� return c-mail and delete the message. alone kith any :urrhmcnts. 7/12/2007 Cunningham, LouAnn From: Orlando, Dominic Sent: Monday, July 02, 2007 10:19 AM To: 'Daniel Habibe' Cc: Cunningham, LouAnn; Williams, Leo; Urtecho, Jose; Florentine, Kathryn; 'kkennedy@calvin-giordano.com' Subject: RE: FPL Dania Subtation LUPA Hi Daniel, You need to address the specific comments made not update any outdated reports. If the information in referenced reports is outdated or inaccurate I suggest you not include the information in your submittal. FPL should have water and sewer billing records to confirm existing use. Please contact Leo Williams or Jose Urtecho to confirm existing utilities. If you would like to schedule a meeting, please contact Kathryn Florentine. ---Original Message----- From: Daniel Habibe mailto:DHabibe caly' - 'L @ in giordano.com] Sent: Monday, July 02, 2007 8:54 AM To: Orlando, Dominic Cc: Cunningham, LouAnn Subject: FPL Dania Subtati j on LUPA Mr. Orlando, We are in receipt of your comments for the above referenced request. The information that we have in this LUPA request was obtained from the City of Dania Beach Comprehensive Plan. It is our understanding that the city is currently undergoing their EAR to update the comp plan. We have no objection in updating the information contained in the document to reflect present conditions. Please provide us with the following: Sanitary Sewer: • Projected plant capacity and demand for the short and long range planning horizons as identified within the adopted comprehensive plan—please provide demand projections and information regarding planned capacity expansions including year,finding sources and other relevant information. • Identify the existing and planned service to site - provide information regarding existing and proposed trunk lines and lateral hookups to the amendment site. (This site is already connected to city water and sewer. Please confirm in the verification letter.) • Please provide its with an updated Letter from utility verging the above information Potable Water.' • Please provide the adopted level of service standard for the service area in which the amendment is located and the current level ofservice. (The comprehensive plan current level of service is 200 GPD. The site is already connected to city water and sewer and no additional demand will be generated as part of this amendment. Please confirm.) • Please provide us with an updated Letter from utility verifying the above information 7/2/2007 Thank You. DANIEL J. HABIBE Planner Planning Department (Broward) tee` Calvin,Gior"W b Associates, Inc. 8, LlCil1IOMAL SOLUTIONS Broward Palm Beach phone:954.921.7781 phone: 561.684.6161 fax: 954.921.8807 fax: 561.684.6360 This transmission may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. If you received this transmission in error, please immediately contact the sender and destroy the material in its entirety, whether in electronic or hard copy format. Thank you. 7/2/2007 I CITY OF DANIA DEVELOPMENT BEACH COMMUNITY _ ENT DEPARTMENT - - ROUTING SHEET Routs Date 6/13/2007 _ PZ Log ,3-07 --- Project FPL D _-- �1 ;LAND USE AMENDMENT — --_ -- FOlio�514202000040 - PLEASE REVIEW THE ABOVE REFERENC PROJECT FO - ----J COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION. THANK YOU. NDAT S TO BE INCORPORATED IN THE Route Via: Mail❑ Pick Up iL4 Fire Marshal❑ In-house ❑ .�� i Public Services ❑ Landscape BSO❑ ' '•�- Planner�.� Other Consultants .V'CGA Approved as submitted j -♦E` b - Denied _.i t Comments must address pdo to P2/Commission hearin I Approved w/conditions List Conditions , \ I Signature 1ZcA'7 Date 9 Print Name X rage r or i Orlando, Dominic To: Lajoie, Corinne; Lottier, Christine v Cc: Williams, Leo; Florentine, Kathryn; Leeds, Larry Subject: FPL Dania Substation, Land Use Amendment LU-38-07 Comments: 1. Page 5, Item 5.E) Typo, delete "The" at end of sentence. 2. Page 6, Item 6.A)1. "291 MGD" should be"291 GPD" 3. Page 6, Item 6.A)4. Update reply to reflect present conditions 4. Page 7, Item 6.A)5. Confirm existing services provided b City. P Y tY 5. Page 7, Item 6.A)6. Confirm existing services provided by City. Exhibit G letter from City may need to be revised. 6. Page 7, Item 6.B)1. Confirm current level of service, 200 GPD. 7. Page 7, Item 6.B)2, SW 12th "Street'should be"Avenue". 8. Page 7, Item 6.B)3. Check 4.167 MGD (Maximum)? 9. Page 8, Item 6.B)7. Exhibit G letter from City may need to be revised. 10. Page,8, Item 6.C)1. Update minimum floor elevation requirement, 100 year flood elevation plus 1.0 foot. Dominic F. Orlando,P.E. Public Services Director City of Dania Beach 100 W Dania Beach Blvd Dania Beach, FL 33004 954 924-3740 Fax 954 923-1109 dorlando&i.dania-beach.fl.us 6/29/2007 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET Route Date — - Z Log ._. LU_38-07 Project FPL DANIA SUBSTATION - �LAND USE AMENDMENT Folio�514202000040 --- BOARD COMMUNITY DEVELOPMENT DIRECTOR'S S I ENTS OBE I - PLEASE REVIEW THE ABOVE REFERENCED P OJECT FOR CO AND CITY COMMISSION.THANK YOUAAF RECOMMENDATK)NTO HE PLANN NG AND ZONINGE Route Via: Mail ❑ Pick Up❑ In-house �I Fire Marshal❑ — Landscape LI - Public Services ❑ BSO � Planner Other Consultants CGA _._.._.. Approved as submitted - -- - - - Denied i] Comments must address prior to PZ/Commission hearing �, APProved w/conditions List Conditions Signature Date Print Name 1C >G CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT — — — -- — — -- -- ---__ ROUTING SHEET -------- ----- g Route Date 3/216/p07 —_—_ Z Log 'LU-38.07 -.-- ,9 Project -----TA Zl107 �_ FPL DANIA SUBSTATION .ii.',j 14 t _ LAND USE AMENDMENT i Folio 'S742020 p 0040 0 3 COMMUNITY DEVELOPMENT D RECTOR'S S P OJ�CT CA rN BE IN . -._. -. ..- -----__ v PLEAS .. ...- 17 ABOVE EFERENCE AND CITY TA F R NCORPORATED IN THE c COMMISSION.THANK YOU. HE PLANNING AND ZONING v 0.< Route Via; Mail ❑ LIN 0. Pick Up Fire Marshal Landscape ❑ in-house Public Services❑ BSO ❑ .. Planner Li Other Consultants [.ICGA Approved as submittedY� i Denied Comments must address ` prior ` r to PZ/Commission hearing Approved w/conditions List Conditions i Signature Date/ Print Name x 200 EAST BROWARD BOULEVARD Ruden SUITE 3301 FORT LAUDERDALE,FLORIDA 30 J , I��I O� POST OFFICE BOX 0 I`v/' y FORT LAUDERDALE,FLORIDA 3333302 (954)527-2409 FAX:(954)3334009 DENNIS.MELE®RUDEN.COM November 27, 2006 VIA HAND DELIVERY Thomas Ansbro City Attorney JUN 1 '1 1001 City of Dania Beach 100 West Dania Beach Boulevard plannQnt Dania Beach, FL 33004 pepart Re: Upgrade of the Neighborhood Electrical Distribution Substation located on the east side of SE 5m Avenue between SE 3id Street and SE 3rd Terrace ("Property') in the City of Dania Beach ("City'q Dear Mr. Ansbro: Florida Power and Light ("FPL") is proposing to upgrade the neighborhood electrical distribution substation located on the east side of SE 5`h Avenue between SE 3rd Street and SE P Terrace. The Property has a Broward County ("County) land use designation of Low(5) Residential and a City land use designation of Conservation and is located in the City's RS-12,000 zoning district. As you are aware, the City adopted an expansive Land Use Plan Amendment ("LUPA') in August of 2004 which amended the land use of approximately 120 acres of property from Estate (1) Residential to Conservation in an effort to increase flex units for residential developments in the City ("City LUPA"). Please see Attachment 1. Shortly thereafter (in December of 2004), the County adopted a LUPA ("County LUPA") which amended the land use for virtually the same area of property as the City LUPA from Low (5) Residential to Conservation- Natural Reservation; however, FPL's Property was intentionally excluded from the County's LUPA because the Property was already cleared and developed, while the surrounding property was heavily covered with trees and remained in its natural condition. Please see Attachments 2 and 3. As a result, the County land use designation remained Low (5) Residential while the City's land use designation is Conservation. It appears that the City inadvertently included the Property in the City LUPA when in fact it was likely the City's intention to exclude the Property from the City LUPA in line with the County's LUPA. The existing neighborhood electrical distribution substation located on the Property, and the proposed facility resulting from the upgrade thereof, is not, and will not FTL:1965W1:3 r: / til Thomas Ansbro City Attorney City of Dania Beach November 27, 2006 Page 2 be, a power plant substation, a transmission facility or a power plant. That distinction was made because neither the City of Dania Beach Code of Ordinances("Code'),nor the Dania Beach Comprehensive Plan ("Plan') preclude the location of a neighborhood electrical distribution substation on property with a Residential Land Use designation (such as ours after the adoption of the proposed local LUPA). Specifically, the Residential Land Use category (Attachment 4) specifically excludes power plant substations and transmission facilities; however, the Residential Land Use category does not specifically exclude neighborhood electrical distribution substations. The Residential Land Use category does however, allow public and private utilities. "Utilities" are defined (in pertinent part) by the Plan as "...substations and transmission facilities which comprise an electric power utility needed to service Dania Beach residents" (Attachment 5). The Plan does not offer distinctions between the different types of substations; however, given the specificity of the "Utilities" definition and the specificity of the prohibitions listed in the Residential Land Use category, it seems clear that if neighborhood electrical distribution substations were intended to be excluded from the Residential Land Use category, they would have been specifically listed. As a result of power plant substations and transmission facilities not being defined in the City's Code, we are providing you with a copy of the relevant portions of the Glossary of Electric Industry Terms from the Edison Electric Institute ("BEP'). EEI is the premier trade association for U.S. shareholder-owned electric companies, and serves international affiliates and industry associates worldwide. In its leadership role, EEI provides authoritative analysis and critical industry data to its members, Congress, government agencies, etc. This EEI publication provides definitions for terms commonly used throughout the electric power industry. As you will see from the attached definitions, power plants, switching stations (power plant substations), electric transmission systems, and electric distribution systems are specifically defined, and the proposed neighborhood electrical distribution substation is clearly not the same as any of the utility uses currently prohibited in the Residential Land Use category. As defined on Attachment 6, a Power Plant is defined as "A plant containing prime movers, electric generators, and auxiliary equipment for converting mechanical, chemical and/or nuclear energy into electric energy." Similarly, a Switching Station (power plant substation) is defined as "an assemblage of equipment for the sole purpose of tying together two or more electric circuits through switches or circuit breakers, selectively arranged to permit a circuit to be disconnected in an emergency, or to change the electric connections between circuits." This Switching Station is part of the Electric Transmission system which is defined as "The act or process of transporting electric energy in bulk from a source or sources of supply to other principal parts of the system or FTL:1965901:3 Thomas Ansbro City Attorney City of Dania Beach November 27, 2006 Page 3 to other utility systems." Likewise, a Distribution System is defined as a network of wires and equipment that is dedicated to delivering electric energy from the transmission system to the customer's premises. The Glossary's definition of Distribution System goes on to state..."electric energy is reduced in voltage at a local substation and delivered over primary distribution lines extending throughout the area where the electricity is distributed." Simply stated, when electricity leaves a power plant, it is pushed into the electric system at a switching station (power plant substation). Electricity then travels over long distances on transmission lines to where the power is needed. On arrival to a neighborhood, the voltage of electricity is decreased at a neighborhood electrical distribution substation, making it suitable for distribution to customers. Then, a local line carries the electricity to a home or business where a nearby transformer decreases the voltage again, making it suitable for a customer's use. A graphic showing each of these specific electric utility uses is included for your reference(Attachment 7). FPL will be submitting an application requesting that the City Commission adopt a Dania Beach LUPA amending the Property's current Conservation land use to Estate (1) Residential. This will establish consistency between the County and City land use maps and allow FPL to upgrade the neighborhood electrical distribution substation to serve the needs of customers in the City. Recently, Fla. Stat. §163.3208 (2006) (Substation Approval Process) was passed which provides (in pertinent part) that "New distribution electric substations [such as ours] shall be a permitted use in all land use categories in the applicable local government comprehensive plan and zoning districts within a utility's service territory except those designated as ...Conservation...on the future land use map or duly adopted ordinance" (Attachment 8). The Dania Substation upgrade will result in a new Substation over approximately a two-year period. Specifically, within the first nine months, the "proposed upgrade area" (new Substation) around the north, south and east sides of the existing Substation will be constructed with associated site preparation and drainage features. Upon its completion, the electrical load from the existing Substation will be transferred over to the new Substation and the existing Substation will be completely demolished. The area where the existing Substation is currently located will have the site prepared and the remaining portions of the new Substation will be constructed and all associated site preparation and drainage features will be constructed to today's standards. Finally, a new landscape buffer will be installed along the west side (front) of the new Substation property. Please see the attached conceptual site plan (Attachment 9). Additionally, it is our understanding that buildings which do not exceed five hundred (500) square feet in area are exempt from site plan review. FPL's unmanned equipment building (relay vault) will not exceed five hundred (500) square feet in area; therefore, based on the aforementioned information, it is our position that zoning and site FTL:1965901:3 Thomas Ansbro City Attorney City of Dania Beach November 27, 2006 Page 4 re not required if FPL's requested Dania Beach LUPA is adopted which approval a P ( plan appro 9 9 ' d the proposed facility meets amends the Property's land use to Estate (1) Residential) an e p p y e s the lot and area requirements referenced in Fla. Stat. §163.3208 (unless the City approves lesser requirements). Please confirm if you concur with this analysis and contact me if you have any comments or questions. Sincerely, Dennis D. Mele Enclosures cc: Laurence Leeds, Director of Community Development Bruce Barber, Florida Power& Light Lynn Shatas,Florida Power& Light FTL:1965901:3 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division General Development Application (954) 924-3645 ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ® Land Use Amendment LI Plat ❑ Plat Delegation Request ❑ Rezoning 1 Jig?J 1 2 pppy Date Rec'd: (o la 0-7 ❑ Site Plan ❑ Special Exception Petition No.: Lu-32-0-7 ❑ Special Request :,7 ❑ TrafficwayWaiver j)t ❑ Variance — ❑ Vacation Request Cl Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing, Their failure to attend may Impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: _301 SE 5th Ave. Dania Beach, FL 33004 Lot(s): Block: Subdivision: Recorded Plat Name: N/A Folio Number(s): 514202000040 _ Legal Description: 2-51-42 W472 ofN316 of SW 1/4 of NW 1/4 of NW 1/4 less W 35 for ST& less PTIN or 1227/19 for ST. Applicant/Consultant/Legal Representative (circle one) Daniel Habibe - Calvin Giordano Associates, Inc. Address of Applicant: _ 1800 Eller Drive, Suite 600, Fort Lauderdale, FL 33316 Business Telephone: .954-921-7781 Home: Fax: 954-921-8807 Name of Property Owner: _Florida Power& Light, CO (FPL) (Contact: Bruce Barber) Address of Property Owner: P O Box 1400 PDP/JB Juno Beach, FL 33401 Business Telephone: 561-694-4093 Home: Fax: 561-694-4283 Explanation of Request: _Change in Land Use from Conservation to U t i ) i ti eS Prop. Net Acreage: 0.92AC Gross Acreage: 2.99AC Prop. Square Footage: Existing Use: Unmanned Electrical Proposed Use:Unmanned Electrical Distribution Distribution Substation Nub. Substation Nub. Is property owned individually, by a corporation,or a joint venture? _FPL Cor I understand that site plan approval automatically expires within 12 months of City Com fission approval, pursuant to Ordinance No. 2005-040. 7= 000. hfl A' 6; 6e Nov. /y ).co6 Applicant/Owner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This day of ��� Signature: Date: / ZY/0 6 � VgA1Ql I�q� 1b � S me Notary Public c Print Name) ) Sta (ov���A teo ) 1 Boo It Uow 0,;ut , Svije 400. c=o,-r j(, 3 s 3 1 Print Name of Notary Street Address, City, State and Zip Code LORNA S.NEMMON �I[91phd41etc Sic1.or Flaldo 4 I - 7 7 S ( i1Y Garmbdonegi° Apr3�2007 elephone No. &Fax No. Commbsion M 1313199496 " ^w" SaWedllyNaSonolNolaryAnn. INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This_day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and tha I, as duly authorized officer, have authorized (Applicant/Consultant/Representative) 'e " Au P to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: ,f � �f/ Florida P we �t m PL) This day of/V vl 20 V rO Signature', Date: 11 /1 6/2006 Santiago Melians � (Print Name) Substation Siting & Permitting Manager Sign Name of Notary Public (Print Title) State of(FLOP-/44) DIA WAIA XZ1Z V,19-" P.O. Box 14000, PDP/JB Juno Beach, FL Print Name of Notary Street Address, City, State and Zip Code 33408 Commission Expires: ZZ ZI0 ( 561 1 694-4519 Seal: Telephone No. & Fax No. ,a:••.4e DIMINA Slit11VAN `tWMyCOAWIS MIDD5W71 * EXPIRES:DeoftW 22,2010 '11I�1. de Balk Thu BudgM Naur S#*H JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me This_day of 20_ Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. **Each partner must sign. Attach duplicate sheets as required. 1 c!I 2,17 FPL Inter-Office Correspondence To: Memo To File Date: September 13, 2005 Re: FLORIDA POWER & LIGHT COMPANY TRANSMISSION LINE ROUTE AND SUBSTATION SITE ACQUISITION, ZONING, SITE PLAN APPROVAL AND PERMITTING: AUTHORIZATION TO SIGN I, C. M. Mennes, Vice President, Power Systems—Transmission & Substation for Florida Power& Light Company, verify that the following listed Individuals: Barbara Jaindi Dean Busch Santiago Melians are hereby authorized to represent, sign for, and authorize on behalf of Florida Power& Light Company in matters relating to the right-of-way and site acquisition, zoning, site plan approval and permitting of electrical transmission lines and substations. C. M. Mennes Vice President Power Systems Transmission & Substation The"fo° regoing instrument was acknowledged before me this 1 day of �f-2, bW , 20 bS , by C. M. Mennes, Vice President of Power Systems - Transmission & Substation of Florida Power& Light Company, a Florida Corporation. He is personally known tto.`meand did not take an oath. pu'00K KaNMMA Mae" Notary Public %�� MY COMS-6$$*00154711 • EXWft December 21.2006 STATE OF FLORIDA COUNTY OF MIAMI-DADE CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING LAND USE MAP AMENDMENT LU-38-07 Date: August 14, 2007 Time: 7:00 pm or as soon thereafter as possible Place: City Commission Room Dania Beach Administrative Center 100 West Dania Beach Blvd. Dania Beach, Florida 33004 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission for the purpose of hearing any comments which might be made to the following request: Applicant: Daniel Habibe with Calvin Giordano and Associates representing the property owner, Florida Power and Light, is requesting a Future Land Use Plan Amendment as follows: From: "Conservation" To "Utilities" Location: Property is located on the east side of SE 5' Avenue, between SE 3"Street and SE 3rd Terrace (301 SE 5'" Avenue), in Dania Beach. The site is currently occupied by an FPL Substation. The applicant has requested the above land use plan amendment to replace the existing facility with a new substation. The,proposed substation will occupy the same site as the existing substation plus additional land to the east. A location map describing the affected area is shown below: tit .r � r c i G F— , a . a lllil# j awn CF Lwn , rmr 1 CON i-- r For Information about changes to the City of Dania Beech's Land Use Map, contact the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m.and 4:00 p.m.,Monday—Friday,please call(954)924-36r45 for more Information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate In any of these proceedings should contact the City Clerks office, 100 W. Dania Beach Blvd,Dania Beach,FL 33004,(954)924-3623,at least 48 hours prior to the meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings Is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate Published: Friday,August 3,2007 CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING LAND USE MAP AMENDMENT LU-38-07 Date: August 14, 2007 Time: 7:00 pm or as soon thereafter as possible Place: City Commission Room Dania Beach Administrative Center 100 West Dania Beach Blvd. Dania Beach, Florida 33004 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission for the purpose of hearing any comments which might be made to the following request: Applicant: Daniel Habibe with Calvin Giordano and Associates representing the property owner, Florida Power and Light, is requesting a Future Land Use Plan Amendment as follows: From: "Conservation" To "Utilities" Location: Property is located on the east side of SE 5`h Avenue, between SE 3`d Street and SE 3`d Terrace (301 SE 5`h Avenue), in Dania Beach. The site is currently occupied by an FPL Substation. The applicant has requested the above land use plan amendment to replace the existing facility with a new substation. The proposed substation will occupy the same site as the existing substation plus additional land to the east. A location map describing the affected area is shown below: � 5 T,,�L — - E DAmn BEACH ewD - — _ 711Tr `--TSE PARKIST q LAC C T l Pi r J ��ry1,SE 2ND ST E STRLINO RO 4 {. Y L_ SEPNDTER_i » ar �L_. I a < l CF T jy -� // J_ SE3RD TER 'i W fi"Afi.[ sE sni Sr ` 1 I Ti I I L-5 '� r r -, ..f-ry i3ESTR TER r ,//%� //,z /..✓ rK T _ For information about changes to the City of Dania Beach's Land Use Map, contact the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday — Friday please call (954) 924-3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerks office, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3623, at least 48 hours prior to the meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate Published: Friday, August 3, 2007 n f- o n 7 fnCNI M O N J ' O R n D 04 Cl) 2 M M a M S+Mj Cl) M a M 0 0af 0 0af 0 0 0 0 O O n a n LL 7 J J J O M Y Y Y N v i �i ? p j OLL LL. 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Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ SP-14-07: The applicant, Rabbi Andrew Skurowitz, for Brauser Maimonides Academy, is requesting a site plan for the development of a 2-story, 11,636 square foot classroom building located at 5300 SW 40 Avenue. Resolution Staff Report Application Site Map Site Plans Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attomey Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ continued to: ❑ RESOLUTION NO. 2007-138 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY RABBI ANDREW SKUROWITZ ON BEHALF OF MAIMONIDES SHALOM ACADEMY,INC.,FOR PROPERTY LOCATED AT 5300 SW 40T' AVENUE, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida, states that a site plan is required as a condition to the issuance of a building permit; and WHEREAS,Rabbi Andrew Skurowitz on behalf of Maimonides Shalom Academy,Inc.,is requesting site plan approval for the proposed construction of a two-story, 11,636 square foot classroom building to be located at 5300 SW 401h Avenue, Dania Beach; and WHEREAS,the Planning and Zoning Board on July 18,2007,recommended that the City Commission grant the site plan request(SP-14-07),based upon the criteria set forth in Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application (SP-14-07) for site plan approval, a copy of which is attached and made a part of this Resolution as Exhibit "A" is approved provided that all necessary variances have been granted. It is further noted that the original site plan is maintained in the office of the Community Development Department of the City of Dania Beach. Section 2. That based upon the criteria set forth in Section 84(p)of Article 1 of Chapter 8, of the Code of Ordinances of the City of Dania Beach, all site plan approvals shall automatically expire and become null and void unless building permits are obtained on or before 12 months from the date of this Resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2007. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-138 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 General Development Application ❑ Administrative Variance Cl Assignment of flex/Reserve Units 11 Land Use Amendment ❑ Plat ❑ Plat Delegation Request ❑ Rezoning Date Reed: 19 Site Plan FFB 2 8 W ❑ Special Exception Petition No.: t)P— I 1 -dq ❑ Special Request ❑ Trafficway Waiver ; e , " s ❑ Variance ❑ Vacation Request ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fad applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: 5300 SI&I 40 AVE., DA.t lla- &AC 1 -333 4 Lot(s): Block: Subdivision: Recorded Plat Name: MAIM 0 N I01-�_ DAY 5CJ400 L l N'I P )5 Folio Number(s): 5042._31-d-M Legal Description: Appiican Consultant/Legal Representative(circle one) K,!� I A CE 69AUSEZ !Mal•/iDP� ACA,�E.l�1 Y Address of Applicant: Ire�h sal 4Q"Joly- OANiA AMIAI 1 lez '/%Q 33T/4 Business Telephone:(f 51NA9-(W6 Home: — Fax: T���) 93 9-4 548 Name of Property Owner: 59A�P /°' mQa!DMZ � y Address of Property Owner: 40"' I/F AA/%A &9CZi' Z20,d,0A Business Telephone:A W&:& Home: — Fax: /q54) 9B q- 4 d�4ff Explanation of Request: _r511 OLAi1/ 4aoie!I - Prop. Net Acreage: Gross Acreage: -&Z Prop. Square Footage: 2 .aS4 -�F Existing Use: Proposed Use: t%DycAnlhAIAI- Is property owned individually, by a corporation, or a joint venture? I understand that site plan and variance approval automatically expires within 12 monnnty/hhhsi mmission approvQal, pursuant to OLrdinance No. 2005-040. Applicant/Owner signature Print Name Date APPLICANT,CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This I� day of F6' 20 0 7 �/ Signature: l TLL Date: a60i ✓rc� Sign Name of Notary PA (Print Na Me) State of 4 t o s� le _ ✓�. Print Name of Notary Street Address, City, State and Zip Code Co rElllrr�SYUdFbAd� AI14.2= Telephone No. &Fax No. GMMmb ont00/ll)5X 1lfN�IaW NOWAon. INDIVIDUAL OWNER NOTARIZED SIGNATURE: to certify that I am the fee simple owner of subject lands described above and that authoriz Applicant/ConsultangRepresentative) to make and file aforesaid application. Sworn to and subscri ore me Owner: This_day of Signature: Date: Sign Name of Notary Public (Print Name State of( ) Print Name of Notary Street Address, City, State an i Code Commission Expires: Seal: Telephone No. &Fax No. CORPORATION NOTARIZED SIGNATURE: This Is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: i rr i hJ elf iK �'ti ! ,V This day of 20 Signature: Date: �-zff-c77 // /J (PrII Name) Sign Name of Notary 4Pu (Print Title) State of( ) Print N Q Street Address, City, State and Zip Code Comma Ion> Seal: AO N PIT Q;9 JPi . Telephone No. &Fax No. �OIbNp S•WWhW" JOINT VENTUR PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the referenced that the duly authorized pe s are the owners of subject lands described above and t all partners have authorized pliwnt/CDnsultant/Representative) to m e and file the aforesaid application. Sworn to and subscribed before me This day of 20_ nature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. SYNALOVSKI GUTIERREZ ROMANIK ARCHITECTS, INC. Manuel Synalovski,AIA • Jorge Gutierrez,AIA • Merrill Romanik,AIA • Nikolay Ryaboy Site Plan Review Criteria Statementft February 28, 2007 Brauser Maimonides Academy FEB Z 3 2CJ1 Site Plan Review Request— Phase 3 Property Address: 5300 SW 40th Avenue I� )Wsi.':I'iE11t Dania Beach, FL 33314 Description: Brauser Maimonides Shalom Academy is an existing private religious day school located in Dania Beach, Florida that is undergoing a thorough renovation in several phases. This site plan application is for Phase 3, which is a two-story classroom building in the South-East quadrant of the property. Phase 1 (a single-story classroom and multipurpose room building) was recently completed, and Phase 2 (a two story classroom) is under construction. The property is divided into two parts. The North lot is zoned RM-25 and simply contains the parking lot, the dumpster, and the sports field. The South lot is zoned 1-1 and contains all existing and proposed building structures. The new building will slightly creates some impact; however, these additional impacts that have been resolved include the stormwater system, the water supply lines, and the landscaping. The majority of the site is to remain undisturbed during this phase — including the entire north lot, the dumpster, all pedestrian walkways, and all driveways (including the fire lane). Any additional changes other than those presented in the included drawings would be presented in the next construction phase. Respectfully, Nicolas Abboud i Architecture • Planning • Interior Design 1800 Eller Drive, Suite500• Fort Lauderdale, FL 33316 • Telephone 954.961.6806 • Facsimile 954.961.6807 stars@synalovskigutierrez.com it SYNALOVSKI GUTIERREZ ROMANIK ARCHITECTS, INC. Manuel Synalovski,AIA• Jorge Gutierrez,AIA•Merrill Romanik,AIA• Nikolay Ryaboy i Site Plan Review Criteria Statement J June 18, 2007 I Brauser Malmonides Academy Site Plan Review Request— Phase 3 --- - -----"- Property Address: 5300 SW 40th Avenue Dania Beach, FL 33314 Description: Brauser Maimonides Shalom Academy is an existing private religious day school located in Dania Beach, Florida that is undergoing a thorough renovation in several phases. This site plan application is for Phase 3, which is a two-story classroom building in the South-East quadrant of the property. Phase 1 (a single-story classroom and multipurpose room building) was recently completed, and Phase 2 (a two story classroom) is under construction. The property is divided into two parts. The North lot is zoned RM-25 and simply contains the parking lot, the dumpster, and the sports field. The South lot is zoned 1-1 and contains all existing and proposed building structures. The new building slightly impacts the site. The following impacted areas have been resolved (stormwater system, the water supply lines, and the landscaping). The majority of the site is to remain undisturbed during this phase— including majority of the North lot, the dumpster, all pedestrian walkways, and most driveways (including the fire lane). Any additional changes other than those presented in the included drawings would be presented in the next construction phase. Respectfully, Nicolas Abboud Architecture•Planning• Interior Design 1800 Eller Drive,Suite 500•Ft. Lauderdale,FL 33316 • Telephone 954.961.6806 • Facsimile 954 9616807 stars®synalovskigutlenez.com Location Map: Maimondies i I � I 1 ' N site ST.__ 0 l 1 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: August 14, 2007 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director FROM: Corinne Lajoie, AICP, Principal Planner(C' SUBJECT: SP-14-07: The applicant, Rabbi Andrew Skurowitz, for Brauser Maimonides Academy, is requesting a site plan for the development of a 2-story, 11,636 square foot classroom building located at 5300 SW 40 Avenue. PROPERTY INFORMATION ZONING: Broward County Institutional (1-1) LAND USE DESIGNATION: Medium (16) Residential The school is undergoing a phased expansion. Phase 1 has been completed and Phase 2 is under construction. This site plan deals only with Phase 3. PROJECT DESCRIPTION YEAR Phase 1 88 space parking lot 2003 Phase 2 2-story 9,728 s . ft. classroom building 2006 Phase 3 2-story, 11,636 s . ft. classroom building 2007 Sufficient parking is provided based on school occupancy data provided by the architect. The new building complies with current 1-1 setbacks and pervious area requirements. SITE PLAN Phase 3 of this project includes the construction of a 2-story classroom building, which includes 11,636 sq. ft. of classroom space. This project was reviewed by the Planning Division, Public Services, the Fire Marshal and the City's Landscape Consultant. All of staff's comments have been addressed. PLANNING AND ZONING BOARD RECOMMENDATION On July 18, 2007 the Planning and Zoning Board recommended approval of the site plan. Message Page 1 of 2 Lottier, Christine From: Lajoie, Corinne Sent: Wednesday, June 13, 2007 3:46 PM To: Lottier, Christine Subject: FW: Maimonides Phase III-06.13.07 Please print and attached to file. Thank you. Corinne Lajoie, Principal Planner City of Dania Beach (954) 924-3704 -----Original Message----- From: Brown, Sean Sent: Wednesday, June 13, 2007 3:16 PM To: Nicolas Abboud Cc: Lajoie,Corinne; Leeds, Larry Subject: RE: Maimonides Phase III-06.13.07 Nicholas, All requirements have been met for fire and your plan is now approved by fire. I only need you to bring a copy of the site plans on CD-Rom to the DRC Meeting. Sean Brown Fire Marshal City of Dania Beach Fire Rescue Fire Prevention Bureau 100 W.Dania Beach Blvd. Dania Beach,FL 33004 Phone: (954)924-3656 Fax:(954)924-3733 Email:kbrown n@ci dania-beach.fl us This message, together with any attachments, is intended only for the addressee. It may contain information which is fegngt privileged,eo„fide„d„r andexe,„pifrom disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (954-924-3656) or by return e-mail and delete the message, along with any attachments. From: Nicolas Abboud [mailto:nabboud@Cu bell is.Corn] Sent: Wednesday, June 13, 2007 11:42 AM To: Brown, Sean Subject: Maimonides Phase III-06.13.07 Hello Sean, 6/13/2007 message Page 2 of 2 1 hope everything is going well. I have been trying to get in touch w/you regarding Maimonides Phase III- Comment#8 (Double Y 9 9 b e Detector Check Valve).( ) Would you please go over the enclosed drawing regarding re ardin the location of the double detector check valve. I'll be waiting for your comment. Thanks'and wish you a great day Nicolas Abboud Architecture cubellis sgr 1800 Eller Drive Suite 500 Fort Lauderdale, FL 33316 t 954-961-6806 f 954-961-6807 www.cubellis.com 6/13/2007 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPAR TMENT ROUTING SHEET Route Date tl L 4/20/2007, T Log i3P-14-07 Project :MLA IMONIDEs PHASE N1 MAY 2 4 2001 j L ISED 31TE PLAN -- 1 01i0 -504231260010 --� g � PLEASE REVIEW THE ABOVE REFERENCED P Planning > .. COMMUNITY DEVELOPMENT DIRECTOR'S STAF BE INCORPORATED IN THE BOARD AND CITY COMMISSION,THANK YOU. E PLANNING AND ZONING Route Via: Mail ❑ 1 Pick Up I ❑ Fire Marshal F In-house Landscape ❑ Public Services ❑ BSO ❑ Planner❑ Other Consultants ❑CGA Approved as submitted 0 f Denied C Comments must address prior ,/ • "�-M.J� r_ S� to PZ/Commission hearing -1 Approved w/conditions L7 �cl List Conditions a� �7 I Si �f33F� Signature - -. Data - Sew-, �it) wY\ Print Name S� City of Dania Beach Fire Rescue0:; oQo D , 4 7- Bureau of Fire Prevention100 W. Dania Beach Blvd. Dania Beach, FL33004 904 Office: (954)924-3656 Fax: (954)924-3733 SITE PLAN REVIEW COMMENT SHEET Date: 5/23/07 Time Spent: 1 P&Z Log #: SP-14-07 Sq. Ft.: 165,209 Project Name: Brauser Maimonides— Phase III Plan Reviewer: Sean Brown [ ] Approved As Submitted [ ] Denied ( ] Approved With Conditions [X] Comments Must Be Addressed and Resubmitted Prior to City Commission CORRECTIONS REQUIRED / COMMENTS PLEASE ADDRESS NUMBERS 6, 8 & 10 FROM PRIOR COMMENTS 6. PROVIDE AN ADDITIONAL FIRE DEPARTMENT CONNECTION AT THE NORTHWEST CORNER OF THE BUILDING IN ACCORDANCE WITH THE FOLLOWING SEVEN REQUIREMENTS: Fire department connections shall be located: 1. On the street side of buildings. 2. Where fully visible and recognizable from the street or nearest point of fire department apparatus accessibility. 3. And arranged so that hose lines can be attached to the inlets without interference from nearby objects, including buildings, fences, posts, or other fire department connections. [14:6.3.5.1] 4. Not more than 100 ft. from the nearest fire hydrant connected to an approved water supply. [14:6.3.5.4] 5. On the same side of the roadway or fire lane as the nearest fire hydrant. [AHJ] 6. Within three ft. (3) of the curb line of fire lanes, streets. [AHJ] 7. In a place that will allow a space four feet (4') on both sides of the fire department connection centerline that must be kept open at all times. 8. DOUBLE DETECTOR CHECK VALVE REQUIRED AT BUILDING TO BE SPRINKLERED t 10. PROVIDE TRANSITION DETAIL WHERE THE FIRE DEPARTMENT ACCESS ROAD MEETS THE NORTH PARKING LOT PLEASE PROVIDE A CD-ROM OF THIS SITE PLAN (REFLECTING THE ABOVE CHANGES) IN PDF FORMAT FOR FIRE DEPARTMENT USE IN PRE-FIRE PLANNING. CITY OF DANIA COMMUNITY DEVELOPMENT EACH DEPARTMENT - - - — ------- ----- -- -- ROUTING SHEET Route Date �^ 4/20/2007 R� PZ Log ASP-14.07 — Project 'MAIMONIDESPHASE,,, MAY 21 2007 • ®swff � Folio i504231260010—i PLEASE REVIEW THE ABOVE REFERENCE Planning E-- COMMUNITY DEVELOPMENT DIRECTOR'S ---I BOARD AND CITY COMMISSION, THANK YOU. S TO BE INCORPORATED IN THE 29� E9MIOIBA[7Ji11 O THE PLANNING AND ZONING Route Via: Mail ❑ Pick Up In-house ❑ Fire Marshal ❑ Landscape Public Services ❑ BSO❑ Planner❑ Other Consultants rv]P DGA Approved as submi@ - 1 Comments must address prior �� A Denied to PZ/Commission hearing Approved W/conditions List Conditions or ., 1 �U Signature 4 _.5/Z G/2 c C -7 Date � PrintName t.'-C. X- CGA Project No 97-1816..37 City of Dania Beach Ref. No. SP-14-07 DEVELOPMENT REVIEW COMMITTEE ENGINEERING REVIEW Project Information Project Name: Maimonides Day School Campus -Phase III Project Address: 5300 SW 40'h Avenue, Dania Beach 33314 Name of Owner: Brauser Maimonides Shalom Academy Name of Applicant: Rabbi Andreki Skurowitz Applicant's Address: 5300 SW 401h Avenue, Dania Beach, FL 33314 Contact Number: (954)989-4548 Site Plan Review No. 2 The revised site plan, as submitted, has been found to have substantially addressed Previous comments. We have no additional comment. Reviewed John Messerian, P.E. Director, Municipal Engineering Calvin, Giordano & Associates -- , A/ Concurred: Dominic Orlando P.E� i Director of Public Service s City of Dania Beach, FL CITY OF DANIA !EACH COMMUNITY DEVELOPMENT DEPARTMENT - _-_ ROUTING SHEET Route Date 4/ 0202 /p7 PZ Log PS 14-07 Project MAIMONIDES PHASE 111 I ''11'� 3 ' 07 _ L IIREVISED SITE PLAN i' Folio 504291250010 ---J PLEASE REV IEW THE EFERENCE ROise COMMUNITY DEVELOPM NT DIRECTOR ECTOR'S STAFF RECZSFMINENepA BOARD AND CITY COMMISSION.THANK YOU. TO BE INCORPORATED IN THE O THE PLANNING AND ZONING Route via: Mail ❑ Pick Up Fire Marshal ❑ In-house [, Public Services ❑ Landscape 41 BSO❑ - Planner Other Consultants r'CGq 3 Approved as Submitted�j Denied - $t Comments must address prior L—� to PZ Commission hearing Approved w/conditions/ i J f' r_t_ List Conditions 01-� ' — — -- I Ignature Date �- CITY OF DANIA COMMUNITY DEVELOPMENT BEACH DEPARTMENT - ----- ROUTING SHEET IC lifli Route Date 4/262007 _ PZ Log ISP-14-07 _, Project MMONIDES PHASE 111 REvlsen sire Pt AN Folio 504 010 J PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE IN�ppRgTED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. 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El a 0 06 J-.G Gi .o-,G 9-. ' B a n ._..-_� v 5 � m LEA m J Ed ELIJ G Z o Q Q Ei EH w; H ' O< LX Z N) N 3 f AV Hilt MS OM < O s AMCF :)Y S341NOWWW 113SM18 $ DNIQUf19 WOONSSV D III 3SVHd �87s $� rp J � x gu p§ Q Oo2$� Sy Q3 x 0 U p a4� a gob! 1° § a � � � . . .�44 s -1 I sl a IE Is �� IE i-� LII 1I >i --- - _ I<,t -II =r..3 1a -- _ ■ ■ ._..----___ �'�� `=]llpiCHY b3VM tlfllNOl!A< �— --_`_'----".__'--'—_+._._ ----___"'-_-,...�- �-----�-1•i �i�v._..___._ --'_.'—'_---.-. i1 •1 1N3n-31'.31r1�n OVr N3N�d Y04KpJ� � -� •� �4 r'bdia .az - II -i I 114 I.1a a o -1 l3 LL r a —_ - wvsaae _ 'if� ���� � �• � i i•h a ml 1 -s fp s i e ! 0 1 4,-1 -@ -1 41> a `� Alt i - �Z_ I• a .1 . . . 1_ 3 .1 -1 t o -! -! -1 .3 7=r a l �a •a e 9 3 i 3 IS7 MI 3 3 1 1 -1 -1 1-41h3- 4-Li •1 -1 f°a 1 a-1 a_1 a as 1 _v=n_a a a a a =a2 a -s •a • �1 i a WORKING DRAFT May 24, 2007 POTENTIAL BROWARD COUNTY CHARTER AMENDMENT Amend Section 8.05 to include the following sub-sectionfl: H. The Planning Council shall have authority, upon the request of any affected municipality, to approve or deny any action by a municipality to vacate and abandon discontinue or close, anv existing public alleyway. road. highway or other place used for vehicular travel- or any portion thereof, other than a state or federal highway wlub traverses through more than one (1) municipality, based upon the effect such action has upon the provision of, or access to. essential services. Amend Section 11.01 to include the following additional sub-section C: C. Closure, discontinuance or vacation and abandonment of public roads, highways or other places used for vehicular travel, or anv portion thereof other than a state or federal highway, which traverse through more than one (1)municipality. Note: Underlined words are proposed additions. ANDREW S. MAURODIS, ESQ. Telephone: (954) 480-4265 Facsimile: (954) 480.4490 MEMORANDUM TO: Honorable Angelo Castillo, Chair Broward County Planning Council and Honorable Members of Broward County Planning Council FROM: Andrew S. Maurodis, Esquire DATE: May 7, 2007 RE: Proposed Charter Amendment re Road Closure Over the past several months, the Charter Review Task Force of the Broward County Planning Council has been discussing a possible Broward County Charter amendment which would provide for an inter-governmental review process for certain road closures. In order to implement such a process, the provisions of the Broward County Charter dealing with County authority and Planning Council responsibilities would need to be amended. The document before the Board is an initial draft which attempts to accomplish just such a change. You will note that the proposed procedure would only be implemented upon the initiative of a local government. It was determined that it would not be appropriate to permit the County to, on its own volition, seek to overturn an action by local government in vacating or closing a road. The legislative intent would be to provide a remedy where an action by one municipality burdens another municipality. The burden must relate to disrupting the ability to provide essential services or permit access by residents to essential services. Thus you see that additional limitation as well. I would stress that this is an initial draft for purposes of discussion. There may be a need to refine certain terms or expand definitions. In undertaking this first draft, our intent was to provide a clear concept which would form the basis of discussion. Additionally, you will note that the Charter does not provide a detailed process related to the powers that it reserves onto the County. Those details would be contained in any implementing legislation. Hopefully, this draft can form a basis for discussion by the county, municipalities, and the Charter Review Board. ASWims cc: Henry A. Sniezek, AICP, Executive Director Page -2- M;e/i. 3 RESOLUTION 2007-142 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING THE BROWARD COUNTY PLANNING COUNCIL'S PROPOSED AMENDMENT TO THE BROWARD COUNTY CHARTER AUTHORIZING BROWARD COUNTY, AT THE REQUEST OF AN AFFECTED MUNICIPALITY, TO APPROVE OR DENY ACTION BY MUNICIPALITIES WITH REGARDS TO ROAD CLOSURES BASED UPON THE EFFECT SUCH ACTION WOULD HAVE ON THE ACCESS TO ESSENTIAL SERVICES; URGING ALL MUNICIPALITIES IN BROWARD COUNTY, THE BROWARD COUNTY CHARTER REVIEW COMMISSION, THE BROWARD COUNTY COMMISSION, THE BROWARD LEAGUE OF CITIES, AND THE ELECTORS OF BROWARD COUNTY TO SUPPORT THE PLANNING COUNCIL'S PROPOSED CHARTER AMENDMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Broward County Planning Council (the "Planning Council") has proposed an amendment to the Broward County Charter granting Broward County (the "County") the authority to review and approve plans by municipalities to close roads when an adjacent municipality objects to such plans involving shared roads; and WHEREAS, the Planning Council's proposed amendment expressly provides, however, that the County shall only have such authority upon the request of any affected municipality; and WHEREAS, the County is comprised of over thirty (30) separate municipalities with numerous boundaries and shared roads that extend through and adjacent to the various municipalities; and WHEREAS, with so many municipalities in the County, there is a potential for inter- municipal disputes that could result from unilateral road closures; and WHEREAS, road closings present a potential threat to the health, safety and welfare of citizens and residents since, if done improperly, they could interfere with police and fire rescue services as well as impede trash removal,postal delivery, and other services; and WHEREAS, improperly planned road closures could also result in changes in traffic patterns which could adversely impact roadway congestion in other parts of the County and the South Florida region; and WHEREAS, it is the long-established role of the County, working in close partnership with the various municipalities, to oversee the regional elements of land use and roadway planning County-wide in an effort to benefit all of the citizens and residents of the County; and WHEREAS, regional interests demand an expeditious resolution to these disputes, and the County is the appropriate independent body to review and settle such conflicts; and WHEREAS,the Planning Council's proposal is a reasonable and appropriate effort to avoid potential conflicts among municipalities; and WHEREAS, the City Commission deems it to be in the best interests of the citizens and residents of the City to support the Planning Council's proposed amendment to the Broward County Charter;and WHEREAS, the City Commission further considers it to be in the best interests of the County and the region for all the municipalities in the County, as well as the Charter Review Commission, the Broward County Commission, the Broward League of Cities and the electors of the County to support the Planning Council's proposed amendment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and they are made a specific part of this Resolution. Section 2. That the City Commission of the City of Dania Beach supports the Broward County Planning Council's proposed amendment to the Broward County Charter regarding 2 RESOLUTION#2007-142 roadway closures. The City Commission further urges all the municipalities in Broward County, the Broward County Charter Review Commission, the Broward County Commission, the Broward League of Cities, and the electors of Broward County to support the Planning Council's proposed amendment. Section 3. That the City Clerk is directed to provide a certified copy of this Resolution to all the municipalities in Broward County, the Broward County Planning Council, the Broward County Charter Review Commission, the Broward County Commission, and the Broward League of Cities. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution shall be repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on 2007. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 3 RESOLUTION#2007-142