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HomeMy WebLinkAbout2007-09-25 Regular City Commission Meeting Agenda Packet AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, SEPTEMBER 25, 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. 1. CALL TO ORDER 2. INVOCATION AND PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 4.1 Special Event Request for the St. Maurice Country Fair, to be held at 2851 Stirling Road on November 8-11, 2007 4.2 Special Event Request for the Susie Edwards Wedding, to be held near the Dania Beach Pier on October 7, 2007 from 4:00 p.m. — 8:00 p.m. 4.3 Request for a fee waiver for the I.T. Parker Community Center by the Dania Beach Lion's Club for their Annual Cabinet Breakfast Meeting from 7:00 a.m. to 12:00 noon, on October 21, 2007 4.4 Request for a fee waiver for the I.T. Parker Community Center by the Dania Beach Improvement Committee for their Annual Halloween Fund Raiser, at 6:00 p.m., on October 27, 2007 Dania Beach City Commission Agenda— September 25, 2007 Page 2 of 10 5. PROCLAMATIONS 5.1 Bromeliad Society of Broward County 43`d Anniversary 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." 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 September 12, 2007 Budget Public Hearing Resolutions 7.2 RESOLUTION #2007-166 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING THE RHODES INSURANCE GROUP AS HEALTH CARE CONSULTANT FOR AN AMOUNT NOT TO EXCEED $18,000.00 FOR FISCAL YEAR 2007-08; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.3 RESOLUTION #2007-170 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO RENEW AN AGREEMENT WITH AVMED HEALTH PLANS TO PROVIDE A SELF-FUNDED OPEN ACCESS POINT OF SERVICE ("POS") PLAN TO ELIGIBLE EMPLOYEES, RETIREES OR BOTH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION 42007-168 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO PURCHASE FLOOD INSURANCE FROM AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA IN Dania Beach City Commission Agenda— September 25, 2007 Page 3 of 10 AN AMOUNT NOT TO EXCEED $18,915.00 FOR THE PERIOD EXTENDING FROM OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2008; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE 7.5 RESOLUTION Y12007-167 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO RENEW AN AGREEMENT WITH THE MAXON COMPANIES TO PROVIDE CLAIMS ADMINISTRATION FOR A SELF-FUNDED DENTAL, VISION AND DISABILITY PLAN TO ELIGIBLE EMPLOYEES, RETIREES OR BOTH, IN AN AMOUNT NOT TO EXCEED $9,000.00 FOR FISCAL YEAR 2007-08; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION 42007-169 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MEMORANDUM OF UNDERSTANDING AMENDING THE COLLECTIVE BARGAINING AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND THE DANIA BEACH ASSOCIATION OF FIRE FIGHTERS, LOCAL 3080 OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS COVERING THE PERIOD SEPTEMBER 27, 2005 THROUGH SEPTEMBER 30, 2007; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION 42007-176 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RENEWING PACKAGE INSURANCE THROUGH PUBLIC RISK INSURANCE AGNENCY (TO INCLUDE COVERAGES FOR PROPERTY AND CASUALTY, CRIME AND EMPLOYEE DISHONESTY, GENERAL LIABILITY, AUTOMOTIVE LIABILITY AND PHYSICAL DAMAGE, PUBLIC OFFICIALS LIABILITY, EMPLOYMENT PRACTICES LIABILITY, STATUTORY ACCIDENTAL DEATH AND DISMEMBERMENT AND WORKERS' COMPENSATION) AND CONSULTING SERVICES CONTRACTED WITH EQUUS INSURANCE, IN A COMBINED TOTAL NOT TO EXCEED $1,130,810.00 FOR THE PERIOD BEGINNING OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2008, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION 42007-177 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 2006-003, WHICH APPOINTED NANCY E. STROUD OF THE LAW FIRM OF LEWIS, STROUD AND DEUTSCH, P.L. TO REPRESENT THE CITY IN LAND USE MATTERS AND RELATED MATTERS AS SPECIAL CITY ATTORNEY, TO ADJUST THE RATE OF COMPENSATION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda— September 25, 2007 Page 4 of 10 7.9 RESOLUTION #2007-186 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING AN ADJUSTMENT OF THE SALARY PAID TO THE CITY MANAGER PURSUANT TO THE CITY MANAGER EMPLOYMENT CONTRACT EXISTING BETWEEN IVAN PATO AND THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION #2007-180 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGAGEMENT LETTER WITH TIDEWATER CONSULTING INCORPORATED FOR THE PROVISION OF CONSULTING SERVICES IN CONNECTION WITH THE 2007 SPECIAL FLORIDA LEGISLATIVE SESSIONS AND THE 2008 FLORIDA LEGISLATIVE SESSION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.11 RESOLUTION #2007-173 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE CARPET AND VCT TILE FOR CITY HALL FROM MOHAWK CARPET DISTRIBUTION LP, IN AN AMOUNT NOT TO EXCEED $19,500.00, UNDER STATE OF FLORIDA CONTRACT NO. 360-240-06-1, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.12 RESOLUTION 42007-183 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ADVANCED DATA PROCESSING, INC., FOR RESCUE AMBULANCE BILLING AND RELATED PROFESSIONAL SERVICES, UNDER AGREEMENT WITH THE CITY OF MIRAMAR, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.13 RESOLUTION #2007-174 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM MEMORIAL REGIONAL HOSPITAL IN AN AMOUNT NOT TO EXCEED $20,000.00 FOR FISCAL YEAR 2007-2008, FOR THE PURCHASE OF MEDICAL SUPPLIES AND PHARMACEUTICALS, WITHOUT Dania Beach City Commission Agenda— September 25, 2007 Page 5 of 10 COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.14 RESOLUTION 42007-175 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM THE BROWARD SHERIFF'S OFFICE, DEPARTMENT OF FIRE-RESCUE, IN AN AMOUNT NOT TO EXCEED $30,000.00 FOR FISCAL YEAR 2007-2008, FOR THE PURCHASE OF MEDICAL SUPPLIES AND PHARMACEUTICALS, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.15 RESOLUTION #2007-184 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF A SUM NOT TO EXCEED $75,000.00 FOR FISCAL YEAR 2007-2008 AND THE SUCCEEDING TWO YEARS IN CONNECTION WITH THE RENEWAL OF THE PREVENTIVE MAINTENANCE AND REPAIR SERVICES AGREEMENT EXISTING BETWEEN THE CITY OF HOLLYWOOD AND THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.16 RESOLUTION #2007-181 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF HOLLYWOOD AND THE CITY OF DANIA BEACH PROVIDING FOR JOINT COVERAGE, AUTOMATIC AND MUTUAL AID OF FIRE SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.17 RESOLUTION #2007-178 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PURCHASE OF COMPUTER HARDWARE, EXTENDED WARRANTY AND A VEHICLE LAPTOP STAND FOR THE CODE COMPLIANCE DIVISION NOT TO EXCEED $4,000.00 FROM INSIGHT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda— September 25, 2007 Page 6 of 10 7.18 RESOLUTION #2007-179 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE A VEHICLE FOR THE CODE COMPLIANCE DIVISION IN THE AMOUNT OF $13,313.00 FROM DUVAL FORD, UNDER THE FLORIDA SHERIFF'S OFFICE CONTRACT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.19 RESOLUTION #2007-182 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE SERVICES IN AN AMOUNT NOT TO EXCEED $20,000.00 IN FISCAL YEAR 2006-2007, FROM TREE MOVERS INC., PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.20 RESOLUTION #2007-185 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA ESTABLISHING BUILDING AND PERMIT AND RELATED FEES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.21 RESOLUTION #2007-187 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A GRANT RELATED TO THE BROWARD BOATING IMPROVEMENT PROGRAM (2007) IN THE APPROXIMATE AMOUNT OF $50,000.00, TO PROVIDE FUNDING FOR THE LIGHTING AT GRIFFIN MARINE PARK; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE APPLICATION; AUTHORIZING THE ACCEPTANCE AND EXECUTION OF THE GRANT AGREEMENT UPON ITS AWARD, AUTHORIZING THE DIRECTOR OF FINANCE TO APPROPRIATE THE FUNDING UPON AWARD; AUTHORIZING EXTENSIONS, IF NEEDED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.22 RESOLUTION 42007-188 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH FLORIDA BLACKTOP, INC. FOR TRAFFIC CALMING DEVICES FOR AN AMOUNT NOT TO EXCEED $121,000.00 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda— September 25, 2007 Page 7 of 10 7.23 RESOLUTION #2007-189 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AFFIRMING ITS CONTINUED SUPPORT AND RESPECT FOR ALL CITIZENS IN OUR DIVERSE COMMUNITY AND FURTHER AFFIRMING ITS CONTINUED SUPPORT FOR THE MARKETING OF DANIA BEACH AND GREATER FORT LAUDERDALE TO DIVERSE GROUPS AS WELCOMING VACATION DESTINATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 8. BIDS AND REQUESTS FOR PROPOSALS 9. PUBLIC HEARINGS 9.1 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. (SECOND READING) 9.2 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 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. (SECOND READING) 9.3 ORDINANCE #2007-022 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY ATTORNEY KEITH POLIAKOFF WITH THE LAW FIRM OF BECKER & POLIAKOFF, REPRESENTING THE PROPERTY OWNER ROBERT KRILICH, SR. OF OAKBROOK REALTY & INVESTMENT, LLC., FOR THE "STIRLING ROAD PLAZA PLAT", SUCH PROPERTY BEING GENERALLY LOCATED AT THE NORTHEAST CORNER OF STIRLING ROAD AND SOUTHWEST 18TH STREET, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF Dania Beach City Commission Agenda— September 25, 2007 Page 8 of 10 WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE "STIRLING ROAD PLAZA PLAT"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.4 ORDINANCE 42007-023 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 ATTORNEY KEITH POLIAKOFF WITH THE LAW FIRM OF BECKER & POLIAKOFF, REPRESENTING THE PROPERTY OWNER ROBERT KRILICH, SR. OF OAKBROOK REALTY & INVESTMENT, LLC., TO REDESIGNATE FROM "PARKS AND RECREATION" TO "COMMERCIAL" CERTAIN PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF STIRLING ROAD AND SOUTHWEST 18TH STREET, 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. (SECOND READING) 9.5 ORDINANCE #2007-020 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY LINDA STRUTT CONSULTING, INC. ON BEHALF OF THE PROPERTY OWNER RAFAEL GANEM OF GREEN APPLE INVESTMENTS CORPORATION, FOR THE "CORFU PLAT", SUCH PROPERTY BEING LOCATED AT 2311 SW 45TH STREET, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE "CORFU PLAT'; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.6 ORDINANCE #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 5TH 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 Dania Beach City Commission Agenda— September 25, 2007 Page 9 of 10 EFFECTIVE DATE. (SECOND READING) (Continued from August 28, 2007 and September 11, 2007) 9.7 RESOLUTION #2007-155 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY FLOOKER ADAMS ON BEHALF OF JANETTE S. NANTON, FROM CHAPTER 28, "ZONING", ARTICLE 5, "SUPPLEMENTARY LOT REGULATIONS" AND ARTILCE 6.21 "SCHEDULE OF OFF-STREET PARKING REQUIREMENTS", FOR PROPERTY LOCATED AT 53 SE 13T" TERRACE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from September ]], 2007) 10 COMM ISSION COMMENTS 10.1 Commissioner Bertino 10.2 Commissioner Castro 10.3 Commissioner Flury 10.4 Vice-Mayor Jones 10.5 Mayor Anton 11. DISCUSSION AND POSSIBLE ACTION 11.1 Proposal for Red Light Cameras by American Traffic Solutions (ATS) — Mayor Anton and City Attorney Ansbro 11.2 Code enforcement as applied to outdoor storage containers—Assistant City Manager 12. APPOINTMENTS 12.1 Human Relations Board (10 Members—2 per Commissioner—2 Year Term) Commissioner Bertino— I 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 12.3 Parks Recreation and Community Affairs Advisory Board (10 Members -2 per Commissioner—2 Year Term) Vice-Mayor Jones— 1 appointment Dania Beach City Commission Agenda— September 25, 2007 Page 10 of 10 13. ADMINISTRATIVE REPORTS 13.1 City Manager 13.2 City Attorney 13.3 City Clerk - Reminders Wednesday, October 3, 2007—6:00 p.m. CRA Board Meeting Tuesday, October 9, 2007—7:00 p.m. Regular City Commission Meeting Tuesday, October 23, 2007—7:00 p.m. Regular City Commission Meeting 14. ADJOURNMENT ol 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 g Date, and Time: —3' �q.. r GvvUT r - rr - IlllI�P7 14&�'W AO 7b //.•6PA!/ *Brief Description of the Event: l.H�t.,rq G'c'v vT FA/ Address/Location of Event: 2TS / 577,0t-Lf NG 1i7b )A,v/q Ft-.- Event Coordinator, _Mf C, A Cf_A t^F d "T®n,x II�gPO� �f Phone#1: E-mail Address: Phone#2: Fax: Additional Contact Person for the Event: r7P )Cob Ce k/p c aISe.,k Phone#1: !LSY `(G/ 77 7'7 E-mail Address: Lfa Oc S Q 7 fl .A E.r 4 Phone#2: 9��7 11 r/ _ Fax: 1,1-f 4ss g Organization or Sponsor of Event: -5r /11iVa ir rc E GA, e ,4e- c Kcla Address: City, State,Zip Code: �>A"/A 3:33ta C Phone: 27'T1_ Fax. JLL '96/ y3 ,! (S' cell: -fS7� Is this a Non-Profit Organization? 4 Yes [ ] No Tax ID #: 61- l 3a 3m79 Corporation Name(As it appears In the Articles of Incorporation): Sr MAV R f G E CaF r7lpc r 4 G/fv,Q c 04 Date of Incorporation: ► -170 State of Incorporation: Fl- Federal ID#: Sq• f 3A 3 r-7-f ' 1 Authorizing Official for the Organization: F47WW I�Oe-Ce 14o pii Phone#1 t7Lf 9 6 / '71 7 7 E-mail Address: 1401-ii (V �t�Ct�7fL•NET Phone#2: 1_%' I f/ g // / Authorizing Official for the Organization. Phone#1: E-mail Address: Phone#2• Special Evers Application-Page t -Rev.MAY2006 Property Owner. _ 4,K H l�/Pc�SE � F(/AM/ "Please Note—A letter of Consent is re uired from the grollowner for the approval of this application. Is the letter attached? N Yes [ ] No Will any portion of this event take place on Public or City Property? [ ] Yes A No Will there be a charge for admission? [ ] Yes Dq No If yes, how much? Has this event been held in the past? Yes [ ] No If So, Indicate the city location of last event: v] P5/ 57 7 tr4_/"G 172N �/)A+V/A *Is the event to take place: [✓] Indoors [of Outdoors [ ] Both *Number of Expected Daily Attendants: OcJ (BSO or Fire Details may be required-refer to page B) *Please Indicate the duration of the event: DAY DATE START TIME END TIME TOTAL#OF HOURS 5 !1 q ;P /P'06 M Fri 7> N it / M l // 7 1 *Anticipated Date and Time to Begin Set-Up: _ "Ili /0-7 *Anticipated Date and Time for Completion of Break-Down: *Do you have a site plan for the event to be submitted with this application? 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, M's, bands, performers, sanitary facilities, recreation vehicles for overnight housing, etc. *Is there a request for any road closures? [ ] Yes V1 No *Please identify the street names) and/or locations for closure requests: Please Note— These streets must also be identified on the site plan. Special Events Application—Page 2—Rev.MAY2006 *Are you requesting to fence the event? [ ]Yes [4 No Please Note—You must identify any fencing on the site plan *Will Canopies (No Sides) be used for this event? W Yes [ ] No *Please Not -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 Fetardency 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? [4 Yes [ ] No *Please No — 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 remottaly 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.) Lo Yes [ ] No *How will this electricity be supplied?]I On-Site [ ] Generator [ ] Combination of Both Please Not — 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? W Yes [ ] No *Please indicate the type (Ex. Band, DJ, Live Performers, etc.): 8A0u7 All RaCFaRH4PS *Pleasespecify the hours of entertainment: DAY DATE START TIME END TIME TOTAL.#OF HOURS ll j� O O (! Af I :CD drd h *Wilt a stage(s) be used in this event? [�] Yes [ ] No Please note Fire Extinguisher Requirement in the next question. *Do you have adequate fire extinguishers for this event? W Yes [ ] No *Please Not -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 orovidin2 a letter to the fire prevention bureau Special Events Applicatbn—Page 3—Rev.MAY2006 Will there be concessions or sales of food at this event? 0 Yes [ ] No Please specify *Please Note—An original Certificate of Liabil'ly 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 pp oved without this insurance. *Will any type of cooking appliances be used by either the Sponsor of the Event or any of its vendors?p(J Yes [ INo *If so, Indicate the type of appliance(s)to be used and the number of each appliance to be used: [ ] N/A ( ] Electric Grin(s); # [ ] Gas Grlll(s); #� ( ] Charcoal GNI(s);# [ ] Smoker Grilis(s);#� [ ] Grease Fryer(s); #--f [ j Oven(s); # I ( ] Electric Range Burner(s); # ( ] Gas Range Burner(s); # *Please No — Grease Fryers are not permitted indoors unless they are protected with an approved Hood and a UL300 Compliant Wel:Chemical Automatic Fire Suppression System in accordance with NFPA 96. *Does each cooking appliance have its own dedicated Fire Extinguisher? W Yes [ ] No Please No - Each crooking 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 orovidingaletter to the fire prevention bureau *Does each cooking area have the proper clearances from all other event areas? pQ Yes t ] No Please No - 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 WIII there be sales of alcohol at this event? pQ Yes [ ] No Please Note—An original certificate of liquor liability insurance naming the Clty 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: [ ] NIA " Beer W Wine D4 Liquor pd Mixed Drinks ( ] Other: If alcohol is being served, please Indicate how the beverages will be served: [ ] NIA [ ] Draft Truck [ I Cold Plate [ ] Mlnl-Bar [ ] Beer Tub 6d Table Service Other: 15,P07 f Will there be alcohol given away at this event? [ J Yes )(I No Please Specify Types of Alcohol to be given away: [ ] NIA [ ] Beer [ ]Wine [ ] Liquor [ J Mixed Drinks ( ] Other: WIII there be retail sales at this event? [x]Yes [ ] No Please Specify: SA-E / ramRllr+ -7AS T3OC1}( lvg wl..r- Bt S151-11Na ®D it Au.VWL. special Events Application-Page 4 Rev.MAY2006 *Will there be any carnival rides, mechanical or vehicular rides, or animal rides at this event? L4 Yes ( ] No *If yes, please describe. E$ ArMn+G Zoo What is the name of the vendor or vendors providing the rides? ( ] NIA R� 'T /�roFt�7P SNpvS Sa.IL Please Not - If carnival rides are to be present, the rides must be Ins ected b a State ins ector cityelectrical inspector, and fire inspector 48 hours prior to the rides opening. p y p Are you providing to us a copy of the ride vendor's Certificate of Liability and Workers Compensation Insurance with this application? 4 Yes ( ] No `Please No —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 64 No Plead— Indicate the locations of these on the site plan. *Will there be any use of pyrotechnics and/or Fireworks Displays at this event? [ ] Yes pQ No *Please No -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 DdNo *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? (A Yes [ ] No If so, How many? 4 [ ] 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? [ ] Yes 0 No Please Not — 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? [id Yes J$ No If yes, please explain: el'Ze_ 'lCV7- /ELIS `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 RE UI EMENT Based upon anticipated attendarce, 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 E UIREMENT 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 and the City Commission. h Signature o Appileant Title Mee —M STATE OF FLORID COUNTY OF BROWARD The foregoing Instrument was acknowledged before me thi{, day of AP e0- 0067 By )a10W who is person aIIY kno \R,N i� /ftot, produced the following form of Identification: N�►►oAAAA``N2kQ/�� //V Notary Public 9't' My missl�nut�2n�e�:� 5�� f Print: r''fA'7P A ocit My 6ggortIsspfi��R Special Events Application—Page 6—f v.MAY2006 --- - nI IT IPISURRNC 7273675695 P • 2 AGDRl]TN CE TI ICAT Q� L J I Y NS IZA CE °B"o o' TwDDIJCL=RAlI specialty xnsura:ce, Inc ONLY A j 10451 Gulf Blvd. THIS CERTIFICATE IS IbSUEO AS A MATTER OF INFORMATION Treasure 1.1 d, FL 35706 OLD R.THS CERTIFICATTE DOES NOT AMEND E%TE'NC) OR I 800/237-3355 -�_t. Re POROINO COYERAOE rvBMAln Reithof Per NA[C8 1440 Coral Ridge Drive P,XB302 NnyREy^: T.H. E, Insurance Cpm�zY Coral SpringB FL 33071 INe 6R INguneg t: INSUR 0 THE POLICIES OF IN9URJ,NGE LISTED FSELOW WLVE BEEN I$$UEO TO THE IN9UREp NAMED ABOv£FOR THE POLICY PERIOD INDICATED.NOTVATHSTANDING I MAr PER?q NM1THErINA�1PAHCE gFFORDE BY THE POL C�i"c$DESCRIBeD NEREINES 9UBJTECTTO NL IHE EIR 9TMEUCER EXCLUSIONS MAY Br SU OOROCH POLICIES.AOGREG,aTE�LIMITS SHD �-LgvE BEEN REDUCED BY PAID CIAIMB, iNIR °° IIVN Aouev FeOT ' /oucv■ --------.-- D [RAL wvury I ^ URRE E _ 1, 000_000 0 X COMMERgAI GENERA LIADIUT/ M7MF5232 LTAMADE OREN I£ — . ,.!—JculM&MADe �XJumuR 07/O1/07 07/O1/08 MED P .BRSONALBA v,N RY 1, 000,Doc LP(!N'I AG0R{ T6 LIMIT APPLIl6 CFA'. NERALAOORe TF__ ! ZC r D00, DDG P ICY 11 o ROD S. 1, 000,000 AUTOMDRILE LAAWUTV _ AN'AUTO COMB WEO&NDtl LIMIT AL40WNf3 AUTOS (EA ADVdlnE `_ — 4 SCNEWL60 AUTOS IODILYNJJURY HIREOAV7O6 T.,P.nen) I NON-0INIEDAVTCX RODILYWJVRY IPFI PlDEwn/ E . ih�o�tl Aurae { OARAOLLIABIUTY p ANY ALTO AUTO ONLY,YPA 44;CIOEN7 R OTNBF THAN e I A4+TOOHLY: I liCBBINMBR[LU yARiy/Y Ana OCCu,A CLAIMS MADE EACH WC ROSIN RE TE I DAOIICTIBLE AE TI WORR{RA COMICAIAMN AND B7ATW OTW �C'.:T:f1F-LM8l17T MLB ANY PROPRIETORIPARTNERCxI.CUTNX ,_E1•„EAC AC CID T_ OFNCEWMEMBER EXCLVDEO'i _ N a daam.uV., !L.pI SEA AE 1EA EMPLOYEE A OTHER ��" SE ;POLICYLIMI7 OESCRIATIDN OF opt RATIONS/LOCA1gNE IVfiNgLlL fitOLUQO— ----- -----RB[NWTI IPLOIAI PpOYIBIONO Effective from 11/05/07 Additional Insured! ST. MAUR ICE CATHOLIC CHURCH through 11/12/07 AND CITY OF DANIA BEACH AS RESPECT TO THE OPERATIONS OF THE NAMED INSURED. ,�EH7lrlcar.. E --,ER CANQWI ST. MAURICE CATHOLIC CHURCH 28SI STIRLING ROAD INOULOANY OP THE AEOVE DEDORIIBD PWACIU Be CA]IN"FIR. UO RUMTHE EXPIRATION FT, LAUDERDALE PL 33312 DATE TNCNEO ,TNR II WWRRR MU EE/DEAVC1p TIL 10 °AYSWRITIN NOTIUE TO THI CeNTVIOATE HOLDER MWD TO THE+EFT FAILURC TO DO w BN.Y.LRYOI{NO OBLgAT1ON OR LIAW LITY OF ANY NINO UAON ,I It AOlNTI OR 8 AU Re EBE TN --- ACORb 2E(2001/p B) " mACORD CORPORATION 188 .art 1{ � 1�17k`�'xl�•Ri,,('Am i 9 Church of Saint Maurice �851 Stirling Road, Dania Beach, Florida 33312 Telephone 954-961-7717 August 3, 2007 Mr. Laurence Leeds Community Development 100 W. Dania Beach Blvd Dania, FI. 33004 Dear Mr, Leeds, I am requesting the permission to have our annual Country Fair. The dates this year are November 8 — November 11, 2007 on our property at 2851 Stirling Road, Dania Beach, FI. 33312. The times for the Country Fair: Thursday, November 8, 2007 5:00 pm to 11:00 pm Friday, November 9, 2007 3:00 pm to 11:00 pm Saturday, November 10, 2007 12:00 noon to 11:00 pm Sunday, November 11, 2007 12:00 noon to 10:00 pm We are requesting the Florida Highway Patrol and Florida Highway Patrol Auxiliary, City of Dania Beach Fire for a firefighter/paramedic and The Broward Sheriff's Office for a Deputy. Please let us know of your recommendation, and any other procedure we must follow and when a representative of St. Maurice can speak at your Commission Hearing, when he will ask for permission from your Commission Peace and All Goodness, C2oaramj��-Lt-- Father Roger Holoubek Pastor w City of Dania Beach AUG ? i >oo7f 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:Susan Edwards Wedding Event Date: October 7, 2007 [ ] Sean Brown [ ] Dominic Orlando [ ] Larry Leeds [ ] Phil Reeves [ ] Tom Ansbro [ ] Mary McDonald [ ] Chief Donn Peterson — BSO c[�] 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 SP=CIAL EVENTS APPLICATION - WEDDING Please PRINT or TYPE Event Name, Date, and Time: Wedding, October 7,2007 4pm-8pm *Brief Description of the Event: _wedding on the beach Address/Location of Event: Dania beach near the peer Event Coordinator: susie Phone#1: 9547935540 E-mail Address: splishsplashl89@aol.com Phone#2: Fax: Additional Contact Person for the Event: evaristo Phone#1: 786234770 E-mail Address: Phone#2: Fax: Property Owner: *Please Note—A letter of Consent is required from the property owner for the approval of this application. Is the letter attached? [ ] Yes [ x] No Will any portion of this event take place on Public or City Property? [ x ] Yes [ ] No *Is the event to take place: [ ] Indoors [x] Outdoors [ ] Both *Number of Expected Daily Attendants: _110 (BSO or Fire Details may be required-refer to page 6) *Please indicate the duration of the event: EN DAY DATE START TIME D TIME TOTAL# OF HOURS sunday October7,2007 4pm 8pm 4hr *Anticipated Date and Time to Begin Set-Up: 3:00pm-3:45pm *Anticipated Date and Time for Completion of Break-Down: 8:00pm 8:30pm *Do you have a site plan for the event to be submitted with this application? [ x] Yes [ ] No Special Events Application—Page 1 —Rev.MAY2006 *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 of 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 [x] No *Please identify the street names) and/or locations for closure requests: Please Note— These streets must also be identified on the site plan. *Are you requesting to fence the event? [ ] Yes [x ] No Please Note—You must identify any fencing on the site plan. *Will Canopies (No Sides) be used for this event? [ ]Yes [X] No *Please Note -All canopies in excess of 40C square feet [Per NFPA 1: Table 1.12.19(a)] require building permits and inspections. Ail 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? [x ] Yes 40' by 40 ` [ ] 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.) [x ] Yes [ ] No *How will this electricity be supplied? [ ] On-Site [ x] 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? [x] Yes [ ] No *Please indicate the type (Ex. Band, DJ, Live Performers, etc.): DJ *Please specif the hours of entertainment: DATE START TIME END TIME I TOTAL# OF HOURS 10/7/07 4 m Elm 4hr *Will a stage(s) be used in this event? [ ] Yes [x ] No Special Events Application—Page 2—Rev.MAY2006 Please note Fire Extinguisher Requirement in the next question. *Do you have adequate fire extinguishers for this event? [x ] 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 cornmercial '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 *Will any type of cooking appliances be used by either the Sponsor of the Event or any of its vendors? [ ] Yes [x ] No *If so, indicate the type of appliance(s) to be used and the number of each appliance to be used: [X ] N/A [ ] Electric Grill(s); # [ ] Gas Grill(s); # [ ] Charcoal Grill(s); #_ [ ] Smoker Grills(s); # [ ] Grease Fryer(s); # [ ] Electric Range Burner(s); # [ ] Gas Range Burner(s); #_ *Please Note— Grease Fryers are not permitted indoors unless they are protected with an approved Hood and a UL300 Compliant Wet Chemical Automatic Fire Suppression System in accordance with NFPA 96. *Does each cooking appliance have its own dedicated Fire Extinguisher? [ ] Yes [ ] No Please Note - Each cooking appliance must have its own dedicated fire extinguisher. Class K fire extinguishers are required for fryers. 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 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 [x ] 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: [x ] N/A [ ] Beer [ ] Wine [ ] Liquor [ ] Mixed Drinks [ ] Other: If alcohol is being served, please indicate how the beverages will be served: [x] N/A [ ] Draft Truck [ ] Cold Plate [ ] Mini-Bar [ ] Beer Tub [ ] Table Service Other: Will there be alcohol given away at this event? [ ] Yes [x] No Please Specify Types of Alcohol to be given away: [ x] N/A [ ] Beer [ ] Wine [ ] Liquor [ ] Mixed Drinks [ ] Other: Special Events Application—Page 3—Rev.MAY2006 Are portable, ADA compliant sanitary facilities being provided for this event? [ ] Yes [ x] No the ones on the beach If so, How many? [ ] 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? [ ] Yes [x ] No Please Note— Any questions regarding temporary signage should be directed to Code Enforcement, (954) 924-3646. Are there any services being requested from the City of Dania Beach? [x] Yes [ ] No If yes, please explain: the use of the beach_ *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. 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. Special Events Application—Page 4—Rev.MAY2006 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 and the City Commission. Susie Edwards Wedding Signature of Applicant Title August 20,2007' Date STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this 20 day of august, 2007 By who is personally known to me, or, if not, produced the following form of identification: Notary Public Sign: My Commission expires: Print: My Commission number: Special Events Application—Page 5—Rev.MAY2006 OFFICE OF THE MAYOR / CITY OF DANIA BEACH Beach PROCLAMATION WHEREAS, Bromeliad Society of Broward County was first created on April 12, 1964, with twelve distinguished Charter members; and WHEREAS, Bromeliad Society of Broward County was incorporated with the State of Florida in 1965 and in April 1974 became a member of the Bromeliad Society International. It presently has 88 members and it keeps growing; and WHEREAS, it is significant that Bromeliad Society of Broward County carries a great tradition of camaraderie and dedication to expand the knowledge about their hobby of cultivating and collecting bromeliads; and WHEREAS, Bromeliad Society of Broward County has conducted biennial shows and this year they are proud to be hosting, for the Florida Council of Bromeliad Societies, the 2007 Extravaganza, a statewide event; and WHEREAS, Bromeliad Society of Broward County is a proud supporter of the Identification Center at Marie Selbey Gardens in Sarasota, Florida and of the research conducted by Ron Cave with the University of Florida, to eliminate the destruction caused by the Mexican Weevil that is decimating Florida native bromeliads; and WHEREAS, biologists have set loose the fly that will help to control the "evil weevil' on June 29, 2007 at Northwest Equestrian Park in Hillsborough County, and on July 20, 2007 at Loxahatchee National Wildlife Refuge in Palm Beach County. This is a big step in the survival of our native bromeliads; and WHEREAS, Bromeliad Society of Broward County is celebrating its 43`d Anniversary this year. NOW, THEREFORE, BE IT RESOLVED that I, Bob Anton, Mayor of the City of Dania Beach, Florida, do hereby proclaim September 29, 2007 as: "Bromeliad Day in Dania Beach" and encourage all citizens to join me in recognizing this community organization. ATTEST: MIRIAM NASSER BOB ANTON ACTING CITY CLERK MAYOR MINUTES OF PUBLIC HEARING PROPOSED FY 07/08 BUDGET DANIA BEACH CITY COMMISSION WEDNESDAY, SEPTEMBER 12, 2007 — 7:00 P.M. 1. Call to Order Mayor Anton called the meeting to order at 7:00 p.m. 2. 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 3. Presentation of Proposed Millage and Budget 2007/2008 Patricia Varney, Director of Finance, presented a Power Point of the proposed FY 2007/2008 Budget,which is attached to and incorporated into these minutes. The Commission generally agreed that the Video Surveillance equipment to be installed at all City parks should be covered by Law Enforcement Trust Fund money. This issue will have to be negotiated with the Broward Sheriff s Office when the renewal of their contract is discussed. Commissioner Flury noted that if we do not have enough money to pay for the equipment for all parks, we could do one park each year. Director Varney indicated that the P.J. Meli fencing and the Video Surveillance equipment will be addressed at another meeting, once she has obtained the necessary information. Colin Donnelly, Assistant City Manager, clarified for the Commission that under the Marina Fund item, the sum of$192,500 shown as the Inter-Fund Loan from the General Fund, includes going out to bid for a Marine professional for an analysis of the Marina, to see if it can be expanded. It will also comprise the permitting and engineering fees to get us to the point of construction. He noted that we may be able to obtain some grant money to pay for construction, but the design will have to be absorbed by the City. The Commission would like City Attorney Ansbro to report the outcome of the appraisal of the Marina which is currently being conducted, before an agreement is reached between FAU an d the City. It was the consensus of the Commission s on to include the rate garbage to the tax bill, when next Fiscal Year's budget is prepared. Mayor Anton opened the Public Hearing. Carolina, representing Family Central, requested $1,440 for her organization. Commissioner Flury suggested putting the request in writing and forwarding it to the Human Relations Board for consideration. She also recommended including the Federal match amount in their request. Seeing as there was no one else to speak, Mayor Anton closed the Public Hearing. Commissioner Bertino suggested taking $150,000 from Contingency, for the rezoning of the Griffin Road Corridor. 4. Resolution#2007-159 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING THE PROPOSED MILLAGE RATE NECESSARY TO BE LEVIED FOR THE FISCAL YEAR 2007-08 FOR OPERATING PURPOSES; ESTABLISHING THE DEBT MILLAGE APPROVED BY THE ELECTORATE; PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS MAY BE HEARD AND QUESTIONS CONCERNING SAME WILL BE ANSWERED;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-159. Commissioner Flury motioned to adopt Resolution #2007-159; 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 5. Resolution#2007-160 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING ITS TENTATIVE ANNUAL BUDGET FOR THE FISCAL YEAR 2007-08; PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS WILL BE HEARD AND QUESTIONS CONCERNING THE BUDGET WILL BE ANSWERED; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Minutes of Public Hearing 2 Proposed FY 07/08 Budget Dania Beach City Commission Wednesday, September 12,2007—7:00 p.m. City Attorney Ansbro read the title of Resolution#2007-160. Patricia Varney, Director of Finance, requested confirmation on the request of Commissioner Bertino for the rezoning of the Griffin Road Corridor. Mayor Anton suggested placing this as a discussion item on a regular City Commission agenda. Commissioner Castro thought staff should obtain input from the residents in the area before we spend money on the rezoning process. The Commission discussed the number of projects that Community Development is currently undertaking. They agreed to fund $100,000 in this Fiscal Year with fundingfrom Contingency. Laurence Leeds, Community Development Director indicated his first priority would be to implement the Unified Zoning City Code, followed by the Neighborhood Master Plans. Commissioner Flury motioned to adopt Resolution 92007-160; 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 6. Resolution#2007-161 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; REIMPOSING FIRE RESCUE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-161. Commissioner Bertino motioned to adopt Resolution #2007-161; 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 7. Resolution#2007-162 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE SERVICE ASSESSMENTS IN THE CITY OF DANIA BEACH, FLORIDA; REIMPOSING 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; Minutes of Public Hearing 3 Proposed FY 07/08 Budget Dania Beach City Commission Wednesday, September 12,2007—7:00 p.m. APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-162. Vice-Mayor Jones motioned to adopt Resolution #2007-162; 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. Resolution#2007-163 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE PROVISION OF STORMWATER MANAGEMENT SERVICES IN THE CITY OF DANIA BEACH, FLORIDA; IMPOSING AND REIMPOSING STORMWATER ASSESSMENTS AGAINST PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-163. Commissioner Bertino motioned to adopt Resolution #2007-163; 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 Mayor Anton complimented Finance Director Varney and City staff in general for their hard work in trying to meet everyone's needs for FY 2008. 9. Adjournment Mayor Anton adjourned the meeting at 8:29 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC BOB ANTON CITY CLERK MAYOR-COMMISSIONER Minutes of Public Hearing 4 Proposed FY 07/08 Budget Dania Beach City Commission Wednesday,September 12,2007—7:00 p.m. V 00 ca E o m cn �1 O (a a. = O ay A r U Q 'z J � Y l Hpi: E C. �C LL '� 0 + ENEMIES M ra ui 0 (1) .- L Ln 01 V U V a � N a) '> V c' 5 0 0 a� .0 �' 'mF ° 0- ro Q L N dl O p � j 0 N L ra U ca U r At A m LL ^ ^ V - L C� m 4-J QO fa n { o 4� O ra c a� + o ,� •- (n . . I— O cn 4. ; . . � N 4� w >• , U L ? � CL ra c p O O Ln L U iA- cm cn C: _ :- .C: . . 0 -I--� - N ro o p O a. U _ + ♦ A m �1 (� L W U V) (a O '- n U 'r ( r1 c. ' U ._ O U.)\� �O Q (Q -= i c V) ca C 4-J O O = -� •_. 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L ro . . c G LL 4-j C LLr,4fu .� u Eo . _ C: o .-O o � ip, o M LL ra c: a OCD Ln c� mo 0 � o � a. o m O L f� O O O �- z 4- O O LL - •- L L O r fo / 0 O U � ' 7 O a� 4� -0 o L 0 _ N � 4-J �— 4d)' �1 � O � fu N Q� — -0 Ofu 3' O 3 - O '- cn _ `� V O � p v • • (o O L U v m(l) c can W W M Oo 00 4-J C: (� V N L 01 � O � O ,� v -+ '0 M -� ._ fu =3 O O � L Q1 C: 0O D U O � � H t� - Lh O 3 . . m 00 U. '—' O E O�b iAA- v ca O C '> �N L. u a) CD >- Ln c: U . M •- � O� O. L. O .� V = J N .— �e a..� U •— r L C: E. •� 4- L Ln -I•J L L -N � 4-J � U 0 ) ca c� O c 0 � „- _ nc m � Q U. .� LL � LL oC O L LO O 4-J 40. 4- c Ln LU mo N u � C: ,-1 u ) V LJ� -bA- -- Q rJ O _ � un oC QC(n m A 4=J fo j;��' Y� fa V 0o 0 m O � 4 J �\ r-� O N rl + i %'� W u N Lro � '� N N a) .� � 00 Q Ln O iP, A& iA- 2) + + O O > oC (n L ra .0 QC 4.j 4-J 00 C)� ro � a� � can � � O (1) cn L L (u � � � Q 4-J N N — f N ._ � L � (D C! LL (n O O M O O O d' O N O 00 00 . . fu Q) (3) Co LL- vi -u CD O '- . , i . . E i N LV -� � . . -0 IL � O O � U D Ci) a--� ■�..� Q) r%6 • U V O 00 O O CDU. E I� � � M O T w O;( f� r (u U. f— V O U ro 0. = 00 Q E N U (o LL M -� a -O L.n V Ln wo w -� (� E 4- O fu -b- = O w mfu > i Q. L 6 -U� -O — fa iA- i O .— Ln Q p O.. D Q, Q) M N ca d" Ln � 00 Q) cipop M L. CL fu Q� T V ' r**. N iA- .A} iA- O O = Q L O E Ul O 0) _ .Ln �>fo N LA O x E N O > LO 3: V) 0 Q wo u fu O O L ._ C) 0 0*1 4J fu E .0 L (,f fu T � a- J � V •- m F LI CITY OF DANIA BEACH Agenda Item # 79 Agenda Request Item Date of Commission Meeting: 9-25-2007 Adopt Resolution Adopt Ordinance(1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation F-1 Continued from: WT Renew consulting services with Rhodes Insurance Group P,A R!0 i Ri i mg i W Costs will be $18,000 which requires Commission approval PP@-,awLy - Comply with City's purchasing policy 5mmg�16,101-0 Ka:F, T Dept: 1800 General Administration Acct 001-1800-519.31-10 Amt: $18,000.00 Fund: General: X water: ❑ sewer: L1 Stormwater: El Grants: El capital: El I -W -ig.&gv,, -P-N NMI I R 9' 1 I'll i . U, igNIM01pt--m nm,mmm 1! FR Ni-Mi MR,21? -M—OM N,� R mNVU-B-1 nOR The City has achieved signficant savings in health plan costs as a result of the expert advice and analysis provided by the Rhodes Insurance Group. The cost of the services is$18,000, savings realized are considerable. i l wM�m E�mI +G'g, I P 2 t+ + ylRr'rv+v _ Resolution and cover letter (Cover letter not available electronically) L xhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Mary McDonald Date 09/07107 Department Director Date Assistant City Manager Date HR Director Mary McDonald Date 09/07107 Finance Director Patricia Varney Date 09/07107 CRY Attorney Thomas J. Ansbro Date 09/10/07 Cb Manager Ivan Pato Date 09/10/07 User Creating Item Item Name (do not use/or\in name) Mary McDonald Rhodes insurance 2007 2008 a4i@i � f r '+, ;Fr , , + + �° ..,.i. Hg i Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-166 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING THE RHODES INSURANCE GROUP AS HEALTH CARE CONSULTANT FOR AN AMOUNT NOT TO EXCEED $18,000.00 FOR FISCAL YEAR 2007-08; 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 in accordance with the request approved in the 2007-2008 operating budget to continue the contract with the Rhodes Insurance Group to provide health care consulting services to the City of Dania Beach, the contract shall be extended for a term of one (1) year beginning October 1,2007 and the Group will be compensated for consulting services on a retainer basis at the rate of$1,500.00 per month, which will be funded from the General Fund. 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 September 25, 2007. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON,CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY SEP-7-rl ':36 FROM:THE RHODES INSURANCE C954) 525-1246 TO:9549243699 P. 1 nald, 1, oM THE RHODES INSURANCE GROUP 1263 East Las Olas Boulevard Suite 205 September 5, 2007 Fort Lauderdale, Florida 33301 Telephone 954-524-5075 Ms. Mary McDonald Fax 954-525.1248 Director, Human Resources & Risk Management City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, FL 33004 Re: Employee Benefit Consulting Proposal 2007-2008 Dear Mary, We have enjoyed working with the City of Dania Beach and look forward to maintaining our relationship. I have outlined below the list of services that we propose to continue regarding the City of Dania Beach's group benefit plans for employees. • Collect and monitor monthly benefit plan experience. We will also identify and analyze emerging experience trends to prepare for budget forecasts. • Gather and prepare market comparisons of contributions and benefits for future planning as needed. • Attend all meetings as requested regarding the group benefit plans including meetings with collective bargaining groups. ■ Assist with the resolution of any benefit plan or provider network issues as they arise. • Provide ongoing technical advise as necessary. This would include information about legislative changes and their potential impact on plan costs and interpreting and clarifying regulations. In addition, we will provide technical feedback on any future plan changes that may be considered. • Assist with the preparation of all communications concerning employee benefit plans. ■ Provide assistance to Human Resources in resolving difficult claim and service problems as they occur. • Negotiate the self-funded plan renewals and assist with timely implementation. • Assist in the gathering of information for the City's actuarial reports as well as consultations with the City's designated actuary. Specializing In Employee Benefits RHDDES INSURANCE C954) 525-1249 TD:9599243699 P.3 .ry McDonald Employee Benefit Consulting Proposal 2007-2008 Page 2 We are proposing a continuation of the flat monthly fee of$1,500 to provide the ongoing services to the City over a twelve month period beginning October 1, 2007 and ending September 30, 2008. The field of employee benefits continues to present challenges to employers that require the use of experienced benefit resources. We hope that we will be able to continue providing these resources and services to the City and its employees in the coming year. Sincerely, Lloyd F. Rhodes cc: Patricia Varney CITY OF DANIA BEACH Agenda Item # 1WAgenda Request Item Date of Commission Meeting: 9-25-2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid IRFP ❑ Presentation ❑ Continued from: aR9AXj£ � ( f-eFp� e .. .. a —. Adopt resolution dt�§ d "� "'t t ua4 i" Quit � i ( ,ova' rt nab Al ,sir ..' , Shaw MMl 7P- fi .... .5.w Renew network agreement for Fiscal 2007-2008 Renews adminstration fees for self funded health plan, renews reinsurance agreements to minimize claims exposure S3 e ag F '' ro9 �su 4 , . ., � e�s Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ X 4 � Explanation attached in September 4 letter from Rhodes Insurance Group Avmed TPA fees for self insurance have increased 4% from $45.09 to$46.89 amounts to an increase of approximately $4,406 over last year 7% Increase in specific reinsurance fees amounts to $16,467 in additional premium over last year . This increase is offset by a decrease in aggregate coverage of$4,896 to net an overall increase of$11,571 Cover letter Rhodes Insurance Group Renewal Rate Analysis Resolution EExhibit 1 lhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Mary McDonald Date Department Director Mary McDonald Date Assistant City Manager Date HR Director Mary McDonald Date Finance Director Patricia Varney Date 09/12/07 City Attomev Thomas J. Ansbro Date 09/12/07 City Manager Ivan Pato Date 09/12/07 User Creating Item Item Name (do not use/or\ in name) Mary McDonald Avmed Renewal - - Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-170 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO RENEW AN AGREEMENT WITH AVMED HEALTH PLANS TO PROVIDE A SELF- FUNDED OPEN ACCESS POINT OF SERVICE("POS") PLAN TO ELIGIBLE EMPLOYEES, RETIREES OR BOTH; 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 documents pertaining to the renewal of the AvMed Health Plan, a self-funded open access POS plan afforded to eligible employees, retirees or both, which program shall be inclusive of third party administrative services, network access services, utilization review services, organ transplant services through LifeTrac, and disease management, at a cost not to exceed $46.89 per employee, retiree or both; reinsurance underwritten by Combined Insurance Company to include specific reinsurance, not to exceed $62.64 per eligible employee, retiree or both per month and $131.11 per family per month (specific medical and prescription deductible of $75,000.00); Aggregate Reinsurance in an amount not to exceed $7.65 per eligible, employee, retiree or both per month; and an annual underwriting fee not to exceed $2.00 per month per such employees, retirees or both. 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 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 #2007-170 THE MODES INSURANCE GROUP 1263 East Las Olas Boulevard Suite 205 Fort Lauderdale, Florida 33301 Telephone 954-524-5075 Fax 954-525-1248 September 4, 2007 Ms. Mary McDonald Director, Human Resources & Risk Management City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, FL 33004 Re: City of Dania Beach Self-funded Health Plan Administration and Reinsurance Renewals—October 1, 2007 Dear Mary, We have received the renewals from AvMed, the City's administrator for the self-funded health plan, and Combined Insurance Company, the plan's specific and aggregate reinsurance carrier. This is the third annual renewal since the plans were implemented as the result of an RFP process conducted in 2004. As part of the initial RFP negotiations with AvMed, they agreed to an annual renewal of no more than 5% per year for the first three years. The services provided by AvMed continue to exceed the City's expectations from the standpoint of lower claim costs, member satisfaction and customer service. An analysis of the fee increase is attached for your review. The current fee is $45.09 per subscriber per month and the proposed fee is $46.89 per subscriber per month, representing a 4% increase. This amounts to an annual increase of approximately $4,406. Combined Insurance Company has communicated a 7% increase in the specific reinsurance premiums effective October 1, 2007. This amounts to approximately $16,467 per year in additional premium. This is based on a specific stop loss level of $75,000 per member per year. Combined also quoted a stop loss level of$85,000 which generated a decrease in specific reinsurance premium of$11,604 over current and $23,623 under the renewal. In reviewing the current ongoing claims, it is our recommendation that the City of Dania maintain the existing stop loss level of$75,000. This coverage is pooled with other reinsurance plans underwritten by Combined and not Mary McDonald Administration and Reinsurance Renewals—October 1, 2007 Page 2 experience rated. The current medical trend factors projected for the coming year are estimated to be 11-12% based on surveys performed by three large national consulting actuary firms. The premium for the aggregate coverage is being reduced by $4,896. The aggregate attachment level is being reduced from approximately $1,809,072 to $1,636,170. This reduction of$172,902 in the risk exposure to the City is based on the cost effectiveness of the AvMed network as well as favorable utilization of the plan. The net impact to the reinsurance premium expense is an annual increase of$11,571. The Rhodes Insurance Group recommends that the City of Dania Beach accept the AvMed and Combined Reinsurance renewals effective October 1, 2007 through September 30, 2008. Please let me know if you have any questions regarding this information or recommendation. Sincerely, Q Oma^"e em TIFFJILW�aecompe«w «m�e ro«.uas oaw,e. Lloyd F. Rhodes cc: Patricia Varney Alison Poole, Wakely & Associates, Plan Actuary _o O o 0 O O O W h Q\ O h O RI O M A p 0�0 p �, e0 C O00 6�9 N 7 +��+ CA00 OV ';j ' d' U 69 .. .� 69 bs EA N 69 &S �, '" bs 69 N id vs `{' s9 6") o C, CD 'y n � Q C Ca O C O V ^-' b N O O h N QAi \ M O D '6 N o 0 o a0 U a31 Y A O v'1 y N N c 7 y 0 �O �D o0 4a v1 00 A cq C> e01 h' C p E > h N p M ,� l� �O G M C N Gu4 a ° Q vGs pv `oq s sGq v3 �u Es N� vs �u _ vas � s9 Qs p U " 69 69 69 A � � T u O V C11 0. u uP. c afli tioo " � � ° .. o0 0 o O 00 W G U N L p O L �.j e0 N L O b L N Q. > N N L N O� 00 L O 4 N M O N. ea O Cl L p Cl E > O� .. p 'n M 7 O ry 7 ,-. h oo b q L U �jdvs � U � vs s9 " U � vrys wa0i U u E E aci ? c c0i to o d t aci ° E y aci aci k aci C7 u E u � UP. A Y U aU s € o 6^0 > a`i 0 °� v :ti a c v > h 6 E a O > u 0 > E 0 > O c 0 o s > h aui 0 0 p R CC O o a E O 0 A c i U .a F" 0 >' c c. 0 0 sea. oo .-1 U k, 0 p �... ti h 4: ea 0 a ,E e r :.. o aci 0 p E on p; 0 0 0 9w 0 0 ai d C q i C h C ti4 Q d C ca d y C 0 a �" no eo0 < y w o 0 ,w^ 0 w0' a to c 0 w Ca o E 0 p c u .Etc U F Q 0faQQ Ll end 0 x -0 C 0 o d Q a � l t� w > 3 0 3 +`� G 0 U CC E U C s C W G U {' bA 00 N O O W a Q d •N Q Q CD Q W Q W a.. 000 CITY OF DANIA BEACH Agenda Item # /• Agenda Request Item Date of Commission Meeting: 9-25-2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: 7 _ F k�4 h E a jia g'+ 5���?E�+(I���i�Fli u a 1 c ,.a_-,..v_ h..�, :: h E4v.,_�,�,! :. .4 . ., i"�?.i=ff;,( t ,a,cni yi; Adopt Resolution IN kI .. ' _l.4 . �_.._.._... Renewal of City Flood insurance policies Renews current policy ft �f3 i Dept: 1800 General Administration Acct#: 001-1800-519.45-10 Amt: $18,915.00 Fund: General: ❑X water: ❑X Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ r , Properties in flood zones (A/AE or V.VE) are insured for damages. `4 lid t ,I $18,915 u,m �.:..,.,..: r t i= Resolution Property statements(not available electronically) Summary sheet Exhibit 1 Exhibit^2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 8 Exhibit 7 Exhibit 8 ,m o. i NK Submitted by Mary McDonald Date 09/12/07 Department Director Date Assistant City Manager Date HR Director Mary McDonald Date 09/12107 Finance Director Patricia Varney Date 09/12107 City Attomey Thomas J. Ansbro Date 09/12/07 City Manager Ivan Pato Date 09/12/07 User Creating Item Item Name (do not use/or\in name) Mary McDonald Flood Insurance Renewal 2007 2008 ��+7+3tte z i v t 9.Uq, m. n3. ...Y,.. .k5;: ., n`� 3.f; .: ,d I, .. .i e'.'m , '.vL I ' 2 ., „u ,l,Ate M[�Li Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-168 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO PURCHASE FLOOD INSURANCE FROM AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA IN AN AMOUNT NOT TO EXCEED $18,915.00 FOR THE PERIOD EXTENDING FROM OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2008; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,AS FOLLOWS: Section 1. That the proper City officials are authorized to purchase flood insurance from American Bankers Insurance Company of Florida, a Florida corporation, in an amount not to exceed $18,915.00 for the period extending from October 1, 2007 through September 30, 2008 to be funded from the General Fund. 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 become effective 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 PREMIUM LOCATION Insured Value (In thousands) 1346 614 IT Parker 500/106.5 655 616 Frost Optimist 55.6/7.5 1253 618 Waterplant 500/500 440 624 Meli Restroom 37 1088 629 Meli Elec Bldh 7.2/15 2144 630 Meli Park Well Bldg 11.2/21 429 631 Lime Treatment 29.5/9.7 11560 686 Meli Park and Rec Blc 349.5/35,3 18915 CITY OF DANIA BEACH No: 1701-100-002778 DEPARTMENT OF FINANCE CHECK REQUEST Date Check Requested: 9/7/07 Person Completing Form:Mary McDonald Date Check Required: (Enter date only if needed before next cycle) Please issue a check in the amount of: $18,915.00 Vendor Inf�'mat9ccit .! ' „ Vendor No (If known): If vendor number is unknown, please complete Vendor Name If adding a new vendor, please complete all fields below Vendor Name: AmericanBankers Vendor Address: PO Box 29861 Vendor Address 2: DeptABIC-10111 Vendor City: Phoenix, AZ Vendor State:AZ Vendor ZIP: 85038-9861 Vendor Phone: Vendor Fax: Purpose/Description: Budget Adcouttt,NuMbar, " : f+raJeae Gode ;,Amount „. $18,915.00 APP(�QifAL DEPARTMENT HEAD FINANCE DIRECTOR CITY MANAGER RECEIPTS,APPLICATIONS OR OTHER DOCUMENTATION MUST BE SUBMITTED WITH CHECK REQUEST OR WITHIN FIVE(5)DAYS OF RECEIPT OF CHECK CHECK DISPOSITION INSTRUCTIONS: Mail to Vendor: ❑X Deliver To: ❑ Name PREMIUM LOCATION Insured Value (in thousands) 1346 614 IT Parker 500/500 low contents? 655 616 Frost Optimist 55.6/7.5 1253 618 Waterplant 500/500 440 624 Mali Restroom 37/1 New building 1088 629 Meli Elec Bldh 7.2/15 2144 630 Meli Park Well Bldg 11.2/21 429 631 Lime Treatment 29.519.7 ? 11560 686 Mel! Park Rec Bldg 349.5/35.3 18915 AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA FLOOD INSURANCE RENEWAL INVOICE I II IS ! LOOD INSLRANCE POLICS EXPIRES Al 12:01 .VNI. ON: 10/04/2007 \-cncv 7063086 Police=': 10111414) INSI_ RED PROPE:RTI I OCAl 10\: 901 NE 3 STREET I T PARKER COMMUNITY CENTER DANIA BEACH FL 33004 .PASOR IS: INSURED U\TL ISSI EU: 7/26/2007 ---- PA)'I OR NAM[ & N1:UI IN6 ADDRISS — -- A 'LNI`I SROKI R N:Ab11 & NI A1I ISM; ADDRI.SS -- CITY OF DANIA BEACH PUBLIC RISK INSURANCE AGENCY 100 W DANIA BEACH BLVD P 0 BOX 2416 DANIA BEACH FL 33004 DAYTONA BEACH FL 32115 (386) 239-4042 Special Instructions: *PREMIUM INCLUDES CRS DISCOUNT* SEE REVERSE SIDE OF BILL FOR IMPORTANT 11ESSAGES OPTION CCRRF_N'T CON ERAGE OPTION INCREASED COA'GRACE COAER.-A6E DEDCIICTIBLE PRENIII- NI COVERAGE DEDUCTIBLE PREMILTI IiulldI12 8uildiiie 11'r BiulJni_ B L I I ing ,fVr 500 , 000 500 $1 , 330 . 00 B 500 , 000 500 $1 , 346 . 00 CnniCnls Content AY Cbnicm. ( m)(CM, 9 Pr 101 , 400 500 * NOT * 106 , 500 500 * NOT AVAILABLE AVAILABLE MAXIAILAi( OVER V( E aA %it ARLE r 1110A(III I H I \%I ON%L FIOOD1Njl Rau-I PR06R,AA1 QutDIMc;. 500 , 000 C )AIENTs_ 500 , 000 PAYOR'S COPY RETAIN' TOP PORTION FOR YOUR RECORDS FLOOD INSI RANCE RENEWAL INVOICE roL1ca -- 1011116614 1 ovN;. I N PIRAI ION DATE: 10.04E2007 Dare ISSI tD 7r20'2007 OPTION A C UA ERAGE OPTION B COA GRAGE ONE TEAR: $1 , 330 . 00 Bldg 500 , 000 ONE YEAR: $1 , 346 . 00 Bld- 500 , 000 THREE YEAR: N/A _ _: Copt 101 , 400 -111REE 1'E AR: N/A Cont 106 , 500 Check desired corcraec R return bottom section 01 notice vvi1h check or 111011cv ordol made Ilayahlc 101 1)Naau_& NI vIL 1y6 ,vIMRFSS -_-. AMERICAN BANKERS INS . CO . OF FL CITY OF DANIA BEACH P . C . BOX 29BEI 130 W DAN-A BEACH BLVD DEPT. ABIC - 10111 DANIA BEACH FL 33004 PHOENIX, AZ 85038- 9861 RETER,AAI 111 PAN ME\I DOSOT FOLD.STAPI-E.ORVARITE BELOAA II11 ,LISE 10111101111661480001330000001346000 AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA FLOOD INSURANCE RENEWAL INVOICE TIIIS FLOOD INS_R AN( E POLIC)' LNPIRES AT IC:01 A..AV 5N_ 10/03/2007 A 'cnc.\ 'i: 7C63086 Policy=: 1011116616 1ASCRED PROPERI L CA HOA: 30C NE 2ND ST FROST PARK OPTIMIST BLDG DANIA BEACH FL 33034 I',AIY)R IS: INSURED DATL ISSUED: 7/25/2007 -- I'AYOR N:AAIL k VIAIIJNG ANARIiSS ---- -- Ail N"I B MKIR VANil , NI All ING ,ADDRI_tiS — CITY DANIA BEACH PUBLIC RISK INSURANCE AGENCY 100 W DANIA BEACH BLVD P 0 BOX 2416 DANIA BEACH FL 33004 DAYTONA BEACH FL 32115 (386 ) 239-4042 Special Instructions: !Yt *PREMIUM INCLUDES CRS DISCOUNT* SEE REVERSE SIDE OF BILL FOR IMPORTANT MESSAGES OPTION CURRENI'C'OVER:IGE OPTION' INCREASED CO\ ERAGE COA ERAGE DEDUCTIBLE PREMIUM COVERAGE DEDUCTIBLE PRLAIIlJAI Buldin_s Buildlnc I }'i Building But Idin_" I Sr 55 , 600 1 , 000 $655 .'CO 61 , 200 1 , 000 $705 . 00 A (omenls Conl ell l. t onlenls 7 , 500 1 , 000 * NOT * 7 , 900 1 , 000 * NOT AVAILABLE AVAILABLE NIA`.1MIL Al(UA I R\,il- -AA'Ail ABI E EI-IROLGII r HL Nan0\:A1 IL.OmI NSutVN'([ PROGR,A\I- HLu-DING 50C , 000 (ONTE]T4 500 , 000 PAYOR'S COPY RETAIN TOP PORTION FOR FOUR RECORDS _ pc U'H NFRr DE!>CLI IIP.HE _ FLOOD INSURANCE RENE\AAL INVOICE r,ttl�_vr. 1011116616 L0vN I Nil]RAI]ON i)i-F 10,03/2007 PAII L,SLED 7/1-5 2007 OPTION .A COVERAGE OPTION B COA ER.AGE ONE YEAR: $655 . 00 "� Bldg 55 , 60D ONLI'EAR: $705 . 00 Bldg 61 , 200 IHREE YEAR: N/A — — Cont 7 , 50J THRLLIEAIli: N/A .__ Cant 7 , 900 Check desired cocemne K return bottom section of notice vv ith check of monc.\ order made puynble to: INSURED N V,11 & NLvILING nDDRISS AMERICAN BANKERS INS . CO. OF FL CITY DANIA BEACH P . O. BOX 29861 100 W DANIA BEACH BLVD DEPT. ABIC - 10111 DANIA BEACH FL 33004 PHOENIX, AZ 85038- 9661 RETLRN\\ITH PA)NiL,r DO SOT TOLD.ST.VLE,OR\\Rl I B ELO\\ TIIIS LINE 10111101111661630000655000000705006 AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA FLOOD INSURANCE RENEWAL INN TFIIS FLOOD INSURANCE POLIC'1' EXPIRES AT 12:01 A 'I. 0. : 10/03/2007 Agency 7C63086 Policy: 10111 66 88 I:NSCRED PROPER' LOC4IION: 1200 STIRLING RD PUBLIC UTILITIES WATER PLANT DANIA BEACH FL 33004 PAN OR IS: INSURED DATE ISSUED: 7/25/2007 PAYOR VA,AEE & MAII ING ADDRESS -- - AGENTBROKEIt NAME,&' M%II ING ADDRLSS CITY OF DANIA BEACH PUBLIC RISK INSURANCE AGENCY 100 W DANIA BEACH BLVD P 0 BOX 2416 DANIA BEACH FL 33004 DAYTONA BEACH FL 32115 (386) 239-4042 Special Instructions: *PREMIUM INCLUDES CRS DISCOUNT* SEE REVERSE SIDE OF BILL FOR IMPORTANT MESSAGES OPTION CURRENT CO\'ERAGE OPTION INCREASED CO\'ERAGE COVERAGE DEDUCTIBLE PREMIUM COVERAGE DEDUCTIBLE PREMIUM Buildln_ I Building I N7 Buildin2 6uildinc I Yr 500 , 000 1, 000 $1 , 253 . 60 A B Conlenis Contents 1'r Contents contents 500 , 000 1 , 000 1 NOT AVAILABLE NIANIMUNI COA I R AGI-AV'AII ABLE THROUGH THENAIIONAL FLOOD INStRANCEPROCRV%I BUILDING. 500 , 000 ('n\IENTS. Soo , 000 PAYOR'S COPY RETAIN TOP PORTION FOR YOUR RECORDS Ak DFrAC1IHCRE" FLOOD INSURANCE RENEWAL INVOICE � p �A'q 11E RI. OICE POLICN ;, 1011116618 IOA'N IAPIRATIONDAIE, 10,032007 DATL ISSUED- 7,2�12007 OPTION A COVERAGE OPTION B CO\'ERAGE ONE PEAR: $1, 253 . 00 Bld« 500 , 0120 ONE YEAR: Blde THREE YEAR: N/A Cont 500 , 000 TIiREEI'EAR: _ —�' Cont Check desired coveraee & retm-n hOtr0111 section of notice vvpith check or money order made payable to: _ _ ---- INSURED N ME&M\ILING:ADDRESS -- AMERICAN BANKERS INS . CO . OF FL CITY OF DANIA BEACH P .O . BOX 29861 100 W DANIA BEACH BLVD DEPT . ABIC - 10111 DANTA BEACH FL 33004 PHOENIX, AZ 85038-9861 RETI'RN\N 1111 PAN-NIENT DO NOT FOLD,S'F:NPLE.OR\\RITE BELON\ THIS LINE 10111101111661890001253000000000001 AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA FLOOD INSURANCE RENEWAL INVOI THIS FLOOD INSURANCE POLIC'l EXPIRES AT 0/C3/2007 Agency-: 7063086 Policy#: 101111 624 I,NSC RED PROPERT} LOCATION: 2901 SW 52 ST MEL (GRIFFIN) PARK RESTROOM EL DANIA BEACH FL 33312 PAYOK'IS: INSURED DAl E ISSCED: 7/25/2007 - AYOR SAAIL& N TAll-ING ADURI_SS - --- ACLN°IS BROICI R N.AVII & n1AILIMi ADDRESS -- - CITY OF DANIA BEACH I PUBLIC RISK INSURANCE AGENCY 100 W DANIA BEACH BLVD P 0 BOX 2416 DANIA BEACH DAYTONA BEACH FL 32115 DANIA BEACH FL 33004 (386) 239-4042 Special Instructions: *PREMIUM INCLUDES CRS DISCOUNT* SEE REVERSE SIDE OF BILL FOR IMPORTANT MESSAGES 0111ION CURRENTCOVERAGE OPTION INCREASED COVERAGE COVERAGE DEDUCTIBLE PREMIUM COVERAGE DEDUCTIBLE PREMIUM Buildin_n Buildme V'r Buildins Building I Yr 33 , 600 1 , 000 $402 . 00 37 , 000 , 1 , 000 $440 . 00 ACUnIcnI, Contents ' Yr Content, Contents I * NOT * * NOT AVAILABLE AVAILABLE mmommms RIAVNI(Al COVERVGE AVAILABLE THRO G1-1 THENATIONALI LO011 ISSCRdNCE VR6CRAM1l: BI'ILDIN'G: 500 , 000 CONTENTS: 500 , 000 PAYOR'S COPY RETAIN TOP PORTION FOR YOUR RECORDS FLOOD INSURANCE RENEWAL Dr,�( (HERE oe,>citreur- I\VOICE RoucY: 1011116624 10ANIz IN IRAT1oN' D TI 10i01,2007 DAII-ISSCEr) T2S12007 OPTION A COVERAGE OPTION B COVERAGE ONE IEAR: $402 00 'ir_ _ Bldg 33 , 600 ONE YEAR: $440 . 00 Bldg 37 , 000 FHREE YEAR: N/A Cont THREE 1'EAR: N/A -_ Cont CheA desiicd cm etage S return bottom section of notice ��ith check or##loneV order made INaA'able to: INSITt D Nante&MAILING ADDRESS AMERICAN BANKERS INS . CO. OF FL CITY OF DANIA BEACH P .O . BOX 29861 100 W DANIA BEACH BLVD DEPT. ABIC - 10111 DANIA BEACH PHOENIX, AZ 85038-9861 DANIA BEACH FL 33004 REf6RN \\ITT P:U NIEN I DO SOT TOLD.ST.V'LE.OR 1\Ri IE BELO\A THIS LINE 10111101111662470DDD4020DDDDD4400D7 AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA FLOOD INSURANCE RENEWAL INVOICE THIS FLOOD INSURANCE POLICY EXPIRES Al 1101 A.M. ON: 10/03/2007 A-,encyfi: 7063066 Policv�-: 10111k6629 INSERED PROPER-rv4,OC ATION: 2901 SW 52ND ST MEL GRIFFIN PARK ELECTIC BLDG DANIA BEACH FL 33004-3643 P.-TOR IS: INSURED DATE ISSLED: 8/08/2007 1'VI OR NAME&NLAILIN, ADDRI SS -- - -- -- ,AGI?N'T'BRORI It N ANIE& NI:II LING AUDR[1S -- CITY OF DANIA BEACH PUBLIC RISK INSURANCE AGENCY 100 W DANIA BEACH BLVD P 0 BOX 2416 DANIA FL 33004-3643 DAYTONA BEACH FL 32115 (386) 239-4042 Spacial Instructions: *PREMIUM INCLUDES CRS DISCOUNT* SEE REVERSE SIDE OF BILL FOR IMPORTANT MESSAGES OPTION CL'RRENTCO\'ERAGE OPTION INCREASED COVERAGE COA'ER.AGE DEDUCTIBLE PREMIUM COVERAGE DEDUCTIBLE PREMIUM Building Buildlm� 11'r Binding �!' Buldfng - I Yl' 7 , 200 1, 000 $1 , 088 . Ob 7 , 900 1 , 000 ! $1 , 160 . 00 A B � con tell IS CpO12n15 i 1 r Collient, CojlMll, 'YI 15 , 0001 1, 000 * NOT * 15 , 800 , 1 , 000 * NOT AVAILABLE ( AVAILABLE NI;AAINlt'N1(COVER VGE AVAILABLE TliROUGI-I FILE NATIONAL FLOOD IASUR\NCEFROORANI_ BUILDING- 500 , 000 CONTENT$- 500 , 000 PAYOR'S COPY RETAIN TOP PORTION FOR YOUR RECORDS FLOOD INSURANCE RENEWAL INVOICE _ roticv,:: 1011116629 LOAN' EXrIRAI[ON DALE: 10/03/2007 DATE ISSUED. 8/08/2007 OP'TION .A COVLRAAGE OPTION CO\'ERAGE ONE YEAR: $1 , 088 . 00 BIdg 7 , 200 ONE YEAR: $1 , 160 . 00 Bldg 7 , 900 THREE YEAR: N/A -_ __ Cont 15 , 000 THREEYEAR: N/A _i Cont 15 , 800 Chock desired coverage& velum bottom section of notice with check of money rnrdcrmade payable to: _ INSURED N MF&MAILING vDDRES'S ! AMERICAN BANKERS INS . CO. OF FL CITY OF DANIA BEACH P .O. BOX 29861 100 W DANIA BEACH BLVD DEPT. ABIC - 10111 DANIA FL 33004-3643 PHOENIX, AZ 85038-9861 RETL RN \\ITII PAN NIENT DO NOI FOLD,ST:\PLE,OR\\RITE BELO\\ THIS LINE 10111101111662960001088000001160006 AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA FLOOD INSURANCE RENEWAL INVOICE THIS FLOOD INSURANCE POLICY EXPIRES AT 1_ 01 AAQ1631 10/03/2007 AL,enc% 7063086 Policy#: 101111INSCRED PROPE12CATION: 2901 SW 52ND ST MEL GRIFFIN PARK-WELL BLDG DANIA BEACH FL 33004-3643 V-i,)OR IS: INSURED DA'I E ISSL!ED: 7/25/2007 --- PA)OR N VNIL d VIAII IAG ADDRESS — AGLN I leRUKER\AAII & NIAILIA'(I M)IWLSS — - - CITY OF DANIA BEACH PUBLIC RISK INSURANCE AGENCY 100 W DANIA BEACH BLVD P 0 BOX 2416 DANIA FL 33004-3643 DAYTONA BEACH FL 32115 (386 ) 239-4042 Special Instructions: *PREMIUM INCLUDES CRS DISCOUNT* SEE REVERSE SIDE OF BILL FOR InIPORTANT MESSAGES OPTION CLRRENT CON ERAGE OPTION INCREASED CON ERAGE COVERAGE DEDUCTIBLE PREMIUM COVERAGE DEDUCTIBLE PREMIUM Buddln_, Building 1 Yr Biding Buildlnu I Yr 11 , 200 , 1, 000 i $2 , 144 . CO 12 , 3001 1, 000 $2 , 294 . 00 A B ("mew, Contents 3 1'r Contents Content. i Yr 21 , 000 , 1 , 000 * NOT * 22 , 100 ', 1, 000 * NOT AVAILABLE AVAILABLE mmmmms MAXIMUM COVTR 4cir,AVAIL ABLETHRULGH nILN.ATIONA[ ILOODINSURANCEPROGRv,NL. BUILDING 500 , 000 CONIENIS, 500 , 000 PAYOR'S COPY RETAIN TOP PORTION FOR N'OUR RECORDS DETMNh_RF _ FLOOD INSURANCE RENENV b r H 1_RF AL INVOICE POLICYa: 1011116630 10AN BNPueanoNDvII= 10/01 2007 DAn IssurD 7/252007 - — -- -- - - —.. OPTION 4 COITRAGE OPTION B COVERAGE ONEIEAR: $2 , 144 00 : Bldg 11 , 200 ONE YEAR: $2 , 294 . 00 'L BIdc 12 , 300 THREE YEAR: N/A '_ Com 21 , 000 THREE PEAR: N/A Cont 22 , 100 Check desired cocera_e R return bottom section of notice kith check of money order made Payable to: _ _ NSt RED y%NIF e%I,vu ING ADDRLS, AMERICAN BANKERS INS . CO . OF FL CITY OF DANIA BEACH P. C . BOX 29861 100 W DANIA BEACH BLVD DEFT. ABIC - 10111 D.ANIA FL 33004-3643 PHOENIX, AZ 85038 -9861 __-_ -- RETF R\MITH PA)MEN r � DO NOT TOLD.ST.\PLE.OR\\RITE BELO\%TI I IS LINE -- 1D1111D1111663D4DDD2144DDDDD2294DD4 AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA FLOOD INSURANCE RENEWAL INVOICE THIS FLOOD INSURANCE POLICI EXPIRES AT 12:01 A.. O— 10/03/2007 Agency- 7063086 Policy : 101111 631 I.NSCRED PROPERTI�LOCATION: 1200 STIRLING RD; PUBLIC LIME TREATMENT DANIA BEACH FL 33004 PaIORIS: INSURED DATE ISSCED: 7/25/2007 - - I'Al'U1,CAA1I&V1 VLI N 6AIDDRL.SS - — AG&N I BROKER NAM I & \I All ING ADDRESS -- CITY OF DANIA BEACH PUBLIC RISK INSURANCE AGENCY 100 W DANIUA BEACH BLVD P 0 BOX 2416 DANIA BEACH FL 33004 DAYTONA BEACH FL 32115 (386) 239-4042 Special Instructions: *PREMIUM INCLUDES CRS DISCOUNT* SEE REVERSE SIDE OF BILL FOR IMPORTANT bIESSAGE5 OPTION CURRENT CO\ ERAGE OPTION INCREASED COVERAGE COVERAGE DEDUCTIBLE PREMIUM COVERAGE DEDUCTIBLE � PREMIUM Buildin- Building 1 YI Buddinn �'I Buddin_n I Y1 29 , 500 ' 1 , 000 $429 , 00 B 32 , 500i 1 , 000 I $465 . 00 A COnlcnls Con lent, -17 Contents Contents 317 9 , 700 ', 1 , 000 I * NOT * 10 , 200 ', 1, 000 * NOT AVAILABLE AVAILABLE V1NXNI1 MCOVERAG AV.AII ABLETHROIr611 THENA'IIONAL I1 OOD INS(RaNC E PROGRA.IvI. B('ILDIN'G: Soo , 000 CONTENTS. 500 , 000 PAYOR'S COPY RETAIN TOP POR'CION FOR YOUR RECORDS 6Fr�<i+Idl:ae FLOOD INSURANCE RENEWAL INVOICE )r-v, I Fir T.E Po1_Icr�,: 1011116631 1OAN yP1R,crulNDarE: 10�03,2007 DvT1ISSUED 7/25;2007 OPTION A COVER AGE OPTION B C O\'ERAGE ONE DEAR: $429 . 01 OX� BId , 249 , 500 ONE YEAR: $465 . 00 Bldg 32 , 500 THREE \'EAR: N/A _' Cont 9 , 700 THREE YEAR: N/A '_ _' Cunt 10 , 200 Check desired cov'eraLe K rettmi bottom section of notice aith check or money order made ha%'able to: INSI RED N AAIE&MAILING ADDRESS _- AMERICAN BANKERS INS . CO . OF FL i CITY OF DANIA BEACH P. C. BOX 29861 100 W DANTUA BEACF BLVD DEFT . ABIC - 10111 DANIA BEACH FL 33004 PHOENIX, AZ 85038-9861 RETURN \\7T11 P;�%)LENT DO\OT FOLD.SI U'LE,OR\1'RI TE BELO\\ THIS LINE 10111101111663120000429000000465005 AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA FLOOD INSURANCE RENEWAL INVOICE THIS FLOOD INSURANCE POLICY EXPIRES AT 12:01 A.M. ON: , 10/03/2007 Agency#: 7063086 Policy#: 10111� 7686/ INSURED PROPERRTY O(ATION: 2901 SW 52ND ST MEL GRIFFIN PARK REC BLDG DANIA BEACH FL 33004 PAYOR IS: INSURED DATE ISSUED: 8/2 0/2 0 0 7 PAYOR NAME&MAILING ADDRESS AGENT/BROKER NAME&MAILING ADDRESS CITY OF DANIA BEACH PUBLIC RISK INSURANCE AGENCY 100 W DANIA BEACH BLVD P O BOX 2416 DANIA FL 33004 DAYTONA BEACH FL 32115 j 1386) 239-4042 Special Instructions: *PREMIUM INCLUDES CRS DISCOUNT* SEE REVERSE SIDE OF BILL FOR IMPORTANT MESSAGES OPTION CURRENT COVERAGE OPTION INCREASED COVERAGE COVERAGE DEDUCTIBLE PREMIUM COVERAGE DEDUCTIBLE 1 PREMIUMS Building Building 1 Yr Building Building I Yr 317 , 700 1, 000 $10 , 894 . 00 349, 500 1, 0Co $11 , 560 . 00 A, B ', 1 Contents Contents 3 Yr Contents Contents 3 Yr 33 , 600 1, 000 * NOT * 35 , 300 1, 000 * NOT AVAILABLE AVAILABLE MAXIMUM COVERAGE AVAILABLE THROUGH THE NATIONAL FLOOD INSURANCE PROGRAM. BUILDING: Soo , 000 CONTENTS: 500 , 000 PAYOR'S COPY RETAIN TOP PORTION FOR YOUR RECORDS S of .acttiieae' Lei ca'aekE FLOOD INSURANCE RENEWAL INVOICE POLICY#: 1011117686 LOAN#: EXPIRATION DATE: 10/03/2007 DATE ISSUED: 8/20/2007 OPTION A COVERAGE OPTION B COVERAGE ONE YEAR: $10 , 894 . 00 Bldg 317 , 700 ONE YEAR: $11, 560 . 00 Bldg 349 , 500 THREE YEAR: N/A _ Cont 33 , 600 THREE YEAR: N/A Cont 35 , 300 Check desired coverage &return bottom section of notice with check or money order made payable to: INSURED NAME&MAILING ADDRESS AMERICAN BANKERS INS . CO. OF FL CITY OF DANIA BEACH P .O. BOX 29861 100 W DANIA BEACH BLVD DEPT. ABIC - 10111 DANIA FL 33004 , PHOENIX, AZ 85038-9861 RETURN WITH PAYMENT DO NOT FOLD,STAPLE,OR WRITE BELOW THIS LINE 10111101111768650010894000011560000 CITY OF DANIA BEACH Agenda Item # �• 19 Agenda Request Item Date of Commission Meeting: 9-25-2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: s* , W }�,q `ki ker E V 'I�a 1aa" •Yry tiU 3 4. $R Adopt Resolution N � i�te t i 'G,F'y 3� h , 9ra ? �,x� kx Ex 'Eaa '�rcc ' r�a. h,»a, p, a,'"".,...�_i tY, ra,m '� si„4e*, -hc adxr a `+, ,c,x ' ' abe r:`a. . . ..... Renew agreement with Maxon to provide TPA services for a self funded dental, vision and disability program ah '�."a� ,�; t ty:` �e^ ��t+ VSi T}„ s` °:.,3,{ �,.ia.., ���i�, r ' sL"t 4'�s „`^ ,H �,�`--; 2 ;—v i�n'"rc3 ,n i.+i r t ` �,�e4 ra ,'"`� i: .'� *° �., F. x , ..x .�„ �a..w,,. ' ec ' ..., _ ".5 . ,x'�t.r , 0--P. .,z, .i Dept: Acct#: Amt: $9,000.00 Fund: General: ❑ water: ❑ sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ y Y 'St fA ksi�,fl�e°a,,yz'� ,j�'� N Ax?FllsfO•'� @ t`d,'� Ipy �r � mi4M. ;i -i y a !� 'Ri v e'!r.e, "..m?m,.'n�:,.c. .. t .,. ..N,. iu...,yrt',v :a..a,.a, .. Maxon administers self funded dental/visioion/disablity. Cost is $3.40 per covered individual per month Approximately $9,000 per year e'9P �a2fl@6 0 e;,Fu� 2Ir �eukk�"�'" '��, r k {, .y h i � ,�i i Resolution Contract(not available electronically) Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 iF „ Submitted by Mary McDonald Date 09/12107 Department Director Date Assistant City Manager Date HR Director Mary McDonald Date 09/12/07 Finance Director Patricia Varney Date 09/12107 City Attorney Thomas J. Ansbro Date 09/12/07 City Manager Ivan Pato Date 09/12/07 User Creating Item Item Name (do not use/or\ in name) Mary McDonald Maxon Renewal 2007 yr Wi@r icy 'E°: ,{ 4h..�I ,kt- ." 7.�%3iS.i„r:a _ ,aF.`..�!. Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-167 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO RENEW AN AGREEMENT WITH THE MAXON COMPANIES TO PROVIDE CLAIMS ADMINISTRATION FOR A SELF-FUNDED DENTAL, VISION AND DISABILITY PLAN TO ELIGIBLE EMPLOYEES, RETIREES OR BOTH, IN AN AMOUNT NOT TO EXCEED $9,000.00 FOR FISCAL YEAR 2007-08; 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 the documents pertaining to the renewal of an agreement with the Maxon Companies to provide third party administration services for a self-funded Dental/Vision and disability plan to eligible employees, retirees or both at a cost not to exceed $3.40 per employee/retiree. 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 2007. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY M.A THE MAXON COMPANIES . Qp'PR : Health Plan Administration since 1955 September 10, 2007 Ms. Mary McDonald Director, Human Resources and Risk Management City of Dania Beach 100 W Dania Beach Blvd. Dania Beach, F133004 Re: DentalNision/STD Administration Services Renewal Dear Mary: This will confirm that Maxon Administrators, Inc. is willing to continue its administration services for the plan year beginning October 1, 2007 for a fee of$3.40 per eligible employee/retiree/COBRA participant. This fee is guaranteed for one year. Sincerely, -Ididd Qa�� David J. Rubenzahl DJR/mt The Maxon Company • Maxon Administrators, Inc. • Fringe Plan Administrators, Ltd. 76 North Broadway, Irvington, NY 10533 914-591-7111 fax: 914-591-1843 www.maxonco.com CITY OF DANIA BEACH Agenda Item # Agenda Request Item Date of Commission Meeting: 9-25-2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ PP�resentation ❑ Continued from: •...,� PK ,pit i Etr l , ���I�tii�'�GtkttC�: 9 Adopt Resolution S PC Bargaining Agreement with IAFF expires September 30,2007 901 } 4m3 S pAP e� t :h Extends existing contract with IAFF for one year, with 3 revisions PERC petition for Deputy Chief Exclusion from Unit COLA upto 2.5% Oct 1, 2007 Physicals in network subject to deductible t Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ ........ 1. .. t .. . . ::, Existing contract expires September 30, 2007. Unsure of City's financial status until tax legislation is finalized,cannot bargain a 3 year contract in good faith. Union and City agree to a one year extension, wl minor revisions °71 add S a,'I� ��c,. a c NI _. ......... ,,...,I o:. . . '� .. . ' . . Resolution Addendum of understanding signed by District Vice President(not in electronic format) Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Date Department Director Mary McDonald Date Assistant City Manager Date HR Director Mary McDonald Date Finance Director Patricia Varney Date 09/12/07 Uy Attorney Thomas J. Ansbro Date 09/12/07 City Manager Ivan Pato Date 09/12/07 User Creating Item Item Name (do not use/or\in name) Mary McDonald IAFF letter of understanding 2007 extension •rs-c Wank $g ��6 � �ik t "� N. 4 ec wia�y 4 is »kr Commission Action: Approved: ❑ Denied: ❑ continued to: ❑ RESOLUTION NO. 2007-169 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MEMORANDUM OF UNDERSTANDING AMENDING THE COLLECTIVE BARGAINING AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND THE DANIA BEACH ASSOCIATION OF FIRE FIGHTERS, LOCAL 3080 OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS COVERING THE PERIOD SEPTEMBER 27, 2005 THROUGH SEPTEMBER 30, 2007; 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 that certain Memorandum of Understanding Agreement between the City of Dania Beach and the Dania Beach Association of Fire Fighters Local 3080, which agreement is attached and made part of this Resolution is approved and the appropriate City officials are authorized to execute it. 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 2007. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON,CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY Ammendment to Collective Bargaining Agreement Letter of Understanding August 29,2007 MEMORANDUM OF UNDERSTANDING AMMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT The City of Dania Beach ("City") and the Dania Beach Association of Fire Fighters, Local 3080 of the International Association of Fire Fighters ("Union") enter into this memorandum of understanding, and agree as follows: 1. The parties agree to a one year extension of the Collective Bargaining Agreement approved by the Dania Beach City Commission through Resolution 2005-149, set to expire September 30, 2007; subject to the following revisions a. The City has requested a Unit Clarification petition challenging the Deputy Fire Chief as a member of the Unit under Article 2 "Recognition". The Union has agreed not to oppose PERC's final ruling. b. Article 22 "Pay Scale", Paragraph 4 shall be revised to read: "A cost of living adjustment (COLA) will be made to the pay plan October 1, 2007 and will be based on CPI issued by the Department of Labor—AII Urban Consumers South Region (August to August) but not to exceed 2.5% C. Article 40 "Physical Exams" shall be revised to read: 40.1 The City agrees to pay for the cost of annual and voluntary physical exams for Fire Department employees. 40.2 The annual physical exam shall include at least the following: 1. History and Physical 2. Physician Consultation 3. Lead EKG with interpretation 4. CBC with Platelets 5. Chest X-Ray, 2 views with interpretation 6. Vision Screen Test 7. Color Blind Vision Test 8, Hepatitis Panel II, Acute 9. HIV Western Blot 10. PPD Skin Test 11. Pulmonary Function Test with interpretation 12. Hearing Test 13. SMAC 21 14. Lipid Profile 15. Urinalysis 16. Males—Hernia Check, Prostate Check with PSA test 17. Females — Bi-Lateral Screening Mammogram, PAP Smear, Hemoccult check 18. Stress Test 40.3 All items listed above will covered by the City, but not to exceed $605.00 dollars in this agreement. Ammendment to Collective Bargauing Agreement Letter of Understanding August 29,2007 40.4 The annual physical exam shall be provided by an Avmed in-network provider and will be subject to deductible. The Union agrees that the City may adopt any necessary ordinances to implement paragraph 1 of this memorandum of Understanding. AGREED this Zday of + , 2007 For the City of Dania Beach: For the Union: Ivan Patio, City Manager Sergio a er, District Vice President City of Dania Beach Metro roward Professional Firefighters CITY OF DANIA BEACH /• 7 4 Agenda Item # Agenda Request Item Date of Commission Meeting: 9-25-2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RegUes,,e F c, m (toenfay�p{Snpi➢ateActl off arlvY€stlon)! Approve Resolution Why.Action is Necessary To continue the City's package insurance policy What Rctio"A,ceompl11lil Purcheoing Requests ONLY Dopt- Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ SuntrrYaryp�anatlan7 -11 Bacftgrctrnd City went out to competitive bid in August of 2006 and selected Preferred Government Insurance Trust. The City negotiated a 5%reduction in agency commission fees by waiving consulting services provided by PGIT through their package insurance program in favor of continuing services through insurance consultant Todd Higley. The 5% commission reduction is equal to $52,221. The consulting services received by outsourcing through Todd Higley (Equus Insurance) are $35,000, net savings of$17,221. Additional information pertaining to relative costs and savings are outlined in the attached memo. fiscal lrtrpaflof mttl $1,130,810 ( see attachments) Exhib W Attadhocl' Resolution Premium Recapitulation Memo to Commission Summarizing Experience and Renewal Exhibit 1 hibtt 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 am :1tltilthOPIZBLI S111ht UfBS., ' - , , Submitted by Mary McDonald Date 08/17/07 Department Director Date Assistant City Manager Date HR Director Mary McDonald Date 08/17/07 Finance Director Date City Attorney Thomas J. Ansbro Date 09/14/07 City Manager Ivan Pato Date 09/14/07 User Creating Item Item Name (do not use/or\ in name) IMary McDonald PACkAGE INSURANCE AC Clht Clexlt Usk Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-176 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RENEWING PACKAGE INSURANCE THROUGH PUBLIC RISK INSURANCE AGNENCY (TO INCLUDE COVERAGES FOR PROPERTY AND CASUALTY, CRIME AND EMPLOYEE DISHONESTY, GENERAL LIABILITY, AUTOMOTIVE LIABILITY AND PHYSICAL DAMAGE, PUBLIC OFFICIALS LIABILITY, EMPLOYMENT PRACTICES LIABILITY, STATUTORY ACCIDENTAL DEATH AND DISMEMBERMENT AND WORKERS' COMPENSATION) AND CONSULTING SERVICES CONTRACTED WITH EQUUS INSURANCE, IN A COMBINED TOTAL NOT TO EXCEED $1,130,810.00 FOR THE PERIOD BEGINNING OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2008, 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 Dania Beach City Commission approves the renewal of Comprehensive Package Insurance for the City of Dania Beach, through Public Risk Insurance Agency, such package to include coverages for property and casualty, crime and employee dishonesty, general liability, public officials liability, employment practices liability, Workers' Compensation, statutory accidental death and dismemberment, and consulting services subcontracted through Equus Insurance, Inc. for the period from October 1, 2007 to September 30, 2008, 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 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#2007-176 MPRIA PUBLIC RISK INSURANCE AGENCY CITY OF DANIA BEACH PREMIUM RECAPITULATION (REVISED 9/11/2007) Annual Premium Check Option Yes No Property/ Inland Marine / Equipment Breakdown $41,41544,00 x❑ ❑ Crime / Employee Dishonesty PGIT — Option 1 $ 1,465.00 x ❑ 11 Travelers — Option 1 $ 2,785.58 ❑ �] Travelers — Option 2 $ 3,531.97 ❑ ❑ General Liability $166,215.00 x❑ ❑ Automobile Liability & Physical Damage $ 96,325.00 x ❑ ❑ Public Officials / Employment Practices Liability $,`66,858,00 x❑ ❑ Workers' Compensation $33601.00 ❑ ❑ Premises Pollution Liability Option 1: $ 12,137.17 ❑ ❑ Terrorism— Optional $ 151.50 ❑ ❑ Option 2: $ 10,627.00 ❑ ❑ Terrorism— Optional $ 133.32 ❑ ❑ AD&D Annual Premium $ 1,413.60' x Three Year Annual Installments $ 1,362.00 ❑ ❑ Three Year Prepaid $ 4,013.00 Consulting Services Equus Insurance Inc $ 35;000', ❑ x❑ I authorize PRIA to request the underwriters to bind coverage on the items indicated above and acknowledge receipt of the Compensation Disclosure(s) provided in this proposal. (Signature) (Name&Title) CITY OF DANIA BEACH DEPARTMENT OF HUMAN RESOURCES AND RISK MANAGEMENT TO: Mayor Anton Vice Mayor Jones Commissioner Bertino Commissioner Castro Commissioner Flury Cc: Ivan Palo, City Manager Tom Ansbro, City Attorney Patricia Varney, Director Finance FROM: Mary McDonald, Director Human Resources & Risk Management DATE: September 11, 2007 SUBJECT: SUMMARY OF PACKAGE INSURANCE RENEWAL The following is a summary of the City's upcoming insurance renewal for property/casualty and workers' compensation coverages as discussed with our PRIA Agent Michelle Martin and insurance consultant, Todd Higley. Property including inland marine, EDP, boiler & machinery: The quiet storm season of 2006 and the relatively quiet storm season so far this year(with regard to the U.S.)have allowed for a softening of rates over last year. The City's total insurable property values have increased by 29% or 7.2mm in insurable values due to new City owned construction, renovation, etc. The City's total property insurance premium has increased 21%,. This equates to a current year rate decrease of 8% down from $1.70 per 100 dollars of insured value, to $1.54 per 100 dollars of insured value. The City's combined property loss ratio for the past 5 years is 87%, solely driven by the losses associated with Hurricane Wilma. Crime: Crime premium has decreased by $157 , while maintaining the same limits, terms and conditions thus a rate decrease based upon favorable market conditions and loss experience. The City's combined loss ratio for the past 5 years is 0%. General Liability/Incidental Law Enforcement Liability: Coverages, limits, terms, conditions and rate are unchanged. Rating basis (total payroll) has increased a little over 6% , premium has increased a little over 6% . The City's combined loss ratio for the past 5 years is 29%. PAAgenda Request IternAHUMAN RESOURCES\memo to conumssion re property renewal 2007.dot 1 Automobile Liability/Auto Physical Damage: Coverages, limits, terms and conditions remain unchanged year-over-year. While, the rating basis (number/type of vehicles) has increased by 4% rate, premium has actually decreased by 12% or $12,000 due to the City's excellent loss ratio. The City's combined loss ratio for the past 5 years is 4% for liability and 15% for auto physical damage. Public Officials/Employment Practices Liability: The past two years, the City saw an increase in non-monetary claims, specifically with regard to changes in zoning that impacted certain types of businesses (adult entertainment) which then resulted in claims against the City. The City's combined loss ratio for the past 5 years is 46%. The City's rating basis (revenues) has increased 19% year-over-year,while premium has remained the same thus reflecting a rate decrease of 19% Workers' Compensation: Coverages, limits, terms and conditions remain unchanged. Rating basis (payroll) has increased 6%, however the experience modification factor has decreased 9% thus premium has decreased 3%. Rates as set by NCCI have not changed this year, and the City's combined loss ratio for the past 5 years is 43%. This is relatively high, and is skewed by one unusually large workers compensation claim. Taking this 2003 claim out of the equation, our loss ratio is 20%. This is the reason the experience modifier dropped this year, from .76 to current .93. This is a very positive trend, the City is doing an excellent job with regard to preventing workers' compensation claims. We have added Pollution Coverage this year. Premise Pollution Liability provides coverage for pollution exposures on City owned and scheduled property. The City has certain operations such as a water plant, chemical spraying, etc that involve the use of certain chemicals (pollutants) that pose a potential liability to the City. Further, the City has/could be acquiring land which may have unresolved environmental issues. The overall renewal in the amount of$1,130,810 is very favorable to the City. P:\Agenda Request ItemsNUMAN RESOURCES\memo to comnussion re property renewal 2007.dot 2 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: September 12, 2007 RE: Request by Nancy Stroud, Esq. for Adjustment in Hourly Compensation Rate Attached is a May 18, 2007 letter I received from Nancy Stroud, who assists Larry Leeds and me with the more difficult land use and zoning questions that we encounter. I had asked Nancy to defer seeking a rate adjustment until the beginning of the City's new fiscal year. Also attached is a copy of the City's most current vendor payment list, showing that the total paid to the firm over the past eighteen (18) months has not exceeded $20,000.00. The list shows that some services (more than 10%) were repaid to the City via "cost recovery" (the system in which the City is advanced a sum of money by developers or applicants for a zoning matter, which sum is held on deposit and used to repay outside counsel and other outside professional service providers when the developers or others incur legal review expenses which are outside of ordinary zoning reviews). The list also shows that in the early part of this year, the law firm assisted in the preparation of the new extensive TOD/TOC zoning district regulations created for the City CRA. The request is to increase the hourly rate from $165.00 to $190.00, approximately a 13% increase. In light of the very sparing use of the firm's services and the high quality and timeliness of the services provided, I believe the rate adjustment is justified. Commission approval is requested (adoption of a resolution). TJA:slw Attachment RESOLUTION NO. 2007- 177 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 2006-003, WHICH APPOINTED NANCY E. STROUD OF THE LAW FIRM OF LEWIS, STROUD AND DEUTSCH, P.L. TO REPRESENT THE CITY IN LAND USE MATTERS AND RELATED MATTERS AS SPECIAL CITY ATTORNEY, TO ADJUST THE RATE OF COMPENSATION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 2 of Resolution No. 2006-003 (which resolution appointed Nancy E. Stroud of the law firm of Lewis, Stroud and Deutsch, P.L., to represent the City's interests in land use and related matters) is amended to specify that the compensation to be paid to NancyStroud shall S be $190.00 per hour. Section 2. That in all other respects, except as amended by this Resolution, Resolution No. 2006-003 is ratified and confirmed. 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 ® CITY OF DANIA BEACH Agenda Item # 7 Agenda Request Item Date of Commission Meeting: 9-25-2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid IRFP ❑ Presentation ❑ Continued from: Requested Action (Idenfity appropriate 4tlo6 or Motion) Approve City Manager October 1 remuneration Why Action Is Necessary As per contract What Action Accomplishes purchasing Requests ONLY Dept: 1100 Mayor & Commissioners Acct#: 001-1201-512.12-10 Amt: Fund: General: ❑X Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ 3pmtnafy Explapation/Background Based on performance review by the City Commission. Fiscal Impact/Cost Summary Exhibits Attached Resolution rtExhibit 1 Exhibit 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 Patricia Varney Date 09/18/07 City Attorney Thomas J. Ansbro Date 09/18/07 City Manager Ivan Pato Date 09/18/07 User Creating Item Item Name (do not use/or\in name) Patty Varney City Manager's merit City Clerk Use Commission Actions Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-186 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,AUTHORIZING AN ADJUSTMENT OF THE SALARY PAID TO THE CITY MANAGER PURSUANT TO THE CITY MANAGER EMPLOYMENT CONTRACT EXISTING BETWEEN IVAN PATO AND THE CITY OF DANIA BEACH, FLORIDA; 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 an adjustment to the salary paid to the City Manager pursuant to the City Manager Employment Contract existing between Ivan Pato and the City of Dania Beach is authorized. The annual salary,as adjusted, shall be that amount as prescribed in Exhibit A,a copy of which is attached to the Resolution and incorporated by this reference. Section 2. That all 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 12007. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY Exhibit"A" Current Salary according to Resolution 2006-155: $140,308.48 Merit Increase 4.2% $ 5,892.96 COLA (City Manager has voluntarily waived receipt of a COLA) $ 0.00 Annual Salary beginning October 1, 2007 $146,201.44 2 RESOLUTION 92007-186 ` CITY OF DANIA BEACH Agenda Item # /. A0 Agenda Request Item Date of Commission Meeting: 9-25-2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Requested Action (Idenf4 appropriate Action or Motion)'; Engage Tidewater Consulting Incorporated to act as City's lobbyist. Why Action is Necessary Cost exceed $15,000 which requires Commission's approval What Action Accomplishes Comply with City policy and procedures Purchasing Requests ONLY Dept: 1800 General Administration Acct#: 001-1800-519.31-10 Ani $58,200.00 Fund: General: ❑X water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background . Engage Tidewater Consulting Incorporated as City's lobbyist to address any legisation changes or matters that will affect the City of Dania Beach. During the budget process, the Commission has requested the City Attorney to discuss with Tidewater their annual retainer fees. The retainer fee has been reduced by 10% recognizing an annual savings of $6,000.00. Fiscal Impact/Cost Summary $54,000 annual fees $4,200 expenses, reimbursement based on submission of receipts Exhibits Attached City Attorney's memo Resolution Ehibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized!Signatures Submitted by Patricia Varney Date 09/15/07 Department Director Patricia Varney Date 09/15/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 09/15/07 City Attorney Thomas J. Ansbro Date 09/17/07 City Manager Ivan Pato Date 09/17/07 User Creating Item Item Name (do not use/or\in name) Patty Varney Tidewater Consulting City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-180 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGAGEMENT LETTER WITH TIDEWATER CONSULTING INCORPORATED FOR THE PROVISION OF CONSULTING SERVICES IN CONNECTION WITH THE 2007 SPECIAL FLORIDA LEGISLATIVE SESSIONS AND THE 2008 FLORIDA LEGISLATIVE SESSION; 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 if such purchases are, as prescribed in pertinent part in the Charter, needed due to unusual conditions or emergencies; and WHEREAS, the City Manager has determined that representation services needed by the City can be obtained at the least cost by executing an engagement letter with Tidewater Consulting Incorported, 200 West College Avenue, Suite 308, Tallahassee, Florida 32301, for services to be provided in connection with economic development issues and related issues of concern to the City for the 2007 Special Florida Legislative Session(s) and the 2008 Florida Legislative Session; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission authorizes the City Manager to purchase consulting services from the general fund budget in an amount not to exceed $54,000.00 and $4,200.00 for out of pocket expenses for the fiscal year 2007-08 with Tidewater Consulting Incorporated, 200 West College Avenue, Suite 308, Tallahassee, Florida 32301 for services related to the 2007 Special Florida Legislative Session(s) and the 2008 Florida Legislative Session. Section 2. The City Manager and City Attorney are authorized to make minor revisions to such engagement letter 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 CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION 42007-180 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: September 14, 2007 RE: Renewal of Engagement Letter for Lobbyist Services with Tidewater Consulting Incorporated for 2007 Special State Legislative Session and 2008 Session It is recommended that the City renew its engagement letter with the Tidewater group for the balance of the calendar year (October 3 special state legislative session) and the 2008 Session. Terms for the engagement have been modified at my request, so that the services will not exceed $54,000.00 for services and $4,200.00 for out of pocket expenses for the City fiscal year 07/08. This represents a 10% reduction (a reduction of S6,000.00) from the cost of the services ($60,000.00 for each of the past several years). City Commission approval (adoption of a resolution) is requested. TJA:slw Attachment CITY OF DANIA BEACH Agenda Item # / • // Agenda Request Item Date of Commission Meeting: 9-25-2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid IRFP ❑ Presentation ❑ Continued from: z It �flryriate h,or i Arr} u4r4.,: Engage Mohawk Carpet Distribution to install flooring at certain area of the City Hall. 101, WW _. .. Cost is over$15,000 which requires Commission approval a) Comply with Purchasing policy and procedures Dept: 1800 General Administration Acct#: 301-1800-519.62-10 Amt: $19,500.00 Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: HE ❑X ,c N .a F �? Certain areas in the downstairs City Hall need replacement of flooring. This includes some administrative office, the reception and clerical area, the Commission conference room, the large"Conference Room", and the Community Development department. The funding is derived from the budget amount of$50,000 for downstairs renovation. rg: `� ..,.... . .. ... . ,i: ,s,, it r.t.Ai , Not to exceed $19,500 v 12 :ta i.n8 .@ a v; ,v:ri r,;, ..ve i. ° . .,. .... _ .....iP� xh v .. .. Resolution Certification of vendor under State Contract Exhibit 1 Exhibit 2Now EA Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 yy t Submitted by Patricia Varney Date 09/13/07 Department Director Patricia Varney Date 09/13/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 09/13/07 City Attorney Thomas J. Ansbro Date 09/06/07 City Manager Ivan Pato Date 09/13/07 User Creating Item Item Name (do not use/or\ in name) Patty Varney Flooring for downstairs offices yy� aai�t }`n Commission Action: Approved: ❑ Denied: ❑ continued to: ❑ RESOLUTION NO. 2007-173 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE CARPET AND VCT TILE FOR CITY HALL FROM MOHAWK CARPET DISTRIBUTION LP, IN AN AMOUNT NOT TO EXCEED $19,500.00, UNDER STATE OF FLORIDA CONTRACT NO. 360-240-06-1, 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 replace the carpeting and VCT tile at certain downstairs offices at City Hall for an amount not to exceed $19,500.00; and WHEREAS, the City Manager has determined that such purchase can be made at the least cost to the City by purchasing carpet and VCT tile under State of Florida Contract, No. 360-240- 06-1, a copy of which is attached and made apart 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 carpet and VCT tile for City Hall under State of Florida Contract No. 360-240-06-1 in an amount not to exceed $19,500.00. Funding shall be derived from the Capital Projects 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 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#2007-173 THE . = CERTIFICATION OF CONTRACT °mow Pam. TITLE: Carpet & Flooring Materials DEPwmogTOFMANAGEMFNT CONTRACT NO.: 360-240-06-1 SERVICES ITB NO.: 28-360-240-F Re-Bid "We serve those who EFFECTIVE: June 1, 2006 through May 31, 2009 serve Florida" SUPERSEDES: 360-240-00-1 CONTRACTOR(S): See Attached List JEB BUSH Governor Tom Lewis,Jr. Secretan A. AUTHORITY_- Upon affirniative action taken by the State of Florida Department of Management Services, a contract has been executed MyFlonda.com between the State of Florida and the designated contractors. B. EFFECT - This contract was entered into to provide economies in the purchase of Office Furniture & Files 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 Division of State Purchasing under the terms, prices, and conditions of this contract and with the 4050 Esplanade Way suppliers specified. Suite 360 Tallahassee,Florida 32399-11950 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 Telephone: local taxes. 850-488-8440 All contract purchase orders shall show the State Purchasing contract Fax: number, product number, quantity, description of item, with unit 850-414-6122 prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.) Internet: wv w.),IvFlorida.com 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. 0 52 Authorized Signature t (date) BW/meb Attachments Contractors Awarded: Beaulieu Commercial, Adairsville,GA (A) Bentley Prince Street,City of Industry,CA(A) Interface Flooring Systems, Inc. LLC (D ) J&J Industries,Inc.,Dalton, GA(A) Johnsonite, Inc.,Chagrin Falls,OH (A) Mannington Mills,Inc. ,Calhoun,GA(A) Mohawk Carpets./Lees Carpets, Greensboro,NC (A) Mohawk Carpets, Dublin,GA (A) Patcraft Commercial Carpet, Dalton, GA(A) Shaw Industries,Inc. (A) Sylvan Chemical Company(Milliken)(N) Tandus US,Inc.,Dalton,GA(A) CONTRACT ADMINISTRATOR BRENDA WELLS PHONE: (850) 488-6904 SUNCOM 278-6904 E-MAIL: brenda.wellsna dms.mvflorida.com ��� INVITATION TO BID (ITB) FOR Carpet & Flooring Materials ITB No. 28-360-240-F -Re-Bid ITB Issue Date: April 25, 2006 Electronic Responses Due: May 5, 2006 Refer All Inquires to: Brenda Wells Purchasing Analyst Division of State Purchasing Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, FL 32399 Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 5 of 37 Complete Solicitation TABLE OF CONTENTS: 1.0 INTRODUCTION 2.0 GENERAL INSTRUCTIONS TO RESPONDENTS - PLEASE REFER TO STATE OF FLORIDA PUR 1001 LOCATED WITHIN THE MYFLORIDAMARKETPLACE SOURCING TOOL 3.0 SPECIAL INSTRUCTIONS TO RESPONDENTS 4.0 GENERAL CONTRACT CONDITIONS -PLEASE REFER TO STATE OF FLORIDA PUR 1000 LOCATED WITHIN THE MYFLORIDAMARKETPLACE SOURCING TOOL 5.0 SPECIAL CONTRACT CONDITIONS 6.0 PRICE SHEET 7.0 FORMS Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 6 of 37 Complete Solicitation 1.0 INTRODUCTION CONTENTS: 1.1 PURPOSE 1.2 CONTACT 1.3 EVENT TIMELINE 1.1 Purpose. The State of Florida, Department of Management Services, Division of State Purchasing invites interested Bidders to submit bids in accordance with these solicitation documents. The purpose of this solicitation is to establish a thirty-six (36) month State Term Contract for purchase of installed Carpet & Flooring Materials. The contract tern is anticipated to begin June 1, 2006. The State's MyFloridaMarketPlace eProcurement system (the "System") will be used to conduct this competitive event. The estimated annual spend on this contract is $15 million. This estimated figure is supplied as a guide for preparing responses and should not be construed as representing actual sales. 1.2 Contact. The primary contact for this solicitation is: Brenda Wells Purchasing Analyst, State Purchasing Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, FL 32399-0950 Brenda.wellsgdms.myflorida.com 1.3 Event Timeline. The following anticipated timeline applies to this solicitation: Event Time Date ITB Release (Re-Bid) 6:00 p.m. ET April 25, 2006 Preview Stage Be ins Deadline for Questions Submitted via the 6:00 p.m. ET April 28, 2006 Bidding &A Board within M FloridaMarketPlace Be ins Answers to Bidder Questions Posted 6:00 .m. ET May 1,2006 ITB Submission Deadline 6:00 p.m. ET May 5,2006 Bidding Closes Notice of Intent to Award Posted 5:00 p.m. ET May 9,2006 Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 7 of 37 Complete Solicitation 2.0 GENERAL INSTRUCTIONS TO RESPONDENTS, STATE OF FLORIDA PUR 1001 PLEASE REFER TO 1.2 ON THE RFX INFO TAB OF THIS SOLICITATION WITHIN THE MYFLORIDAMARKETPLACE SOURCING TOOL Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 8 of 37 Complete Solicitation 3.0 SPECIAL INSTRUCTIONS TO RESPONDENTS CONTENTS: 3.1 ADDITIONAL DEFINITIONS. 3.2 ORDER OF EVENTS. 3.3 MYFLORIDAMARKETPLACE SOURCING TOOL TRAINING. 3.4 SOURCING TOOL TIPS. 3.5 EMAIL NOTIFICATION. 3.6 ORDER OF PRECEDENCE. 3.7 WHO MAY BID. 3.8 EXECUTION OF BID. 3.9 SUBMITTAL OF BID. 3.10 AMENDMENTS TO THE SOLICITATION DOCUMENTS. 3.11 BID EVALUATION CRITERIA. 3.12 ORDERING INSTRUCTIONS. 3.13 AUTHORIZED DEALERS/INSTALLATION FIRMS & MANUFACTURER REPRESENTATION. 3.14 PRICE SHEET. 3.15 BASIS FOR AWARD. 3.16 STATE OBJECTIVES (REV. 07/28/04). 3.17 SPECIAL ACCOMMODATION. Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 9 of 37 Complete Solicitation 3.1 Additional Definitions "Manufacturer" means the entity that holds the trademark in the identified brand name. "Manufacturer's authorized dealer /installer "or "Installer" - The dealership, installation firm, etc. hired by the manufacturer to install flooring and handle any other responsibilities specified by the manufacturer. "Manufacturer's Representative" - a direct employee of the manufacturer who, as part of the Contractor's team, shall keep all samples updated, meet with users, project architects, dealers and arrange for installation, visitjob sites, act as a project manager, and facilitate the resolution of disputes. "Recycled Content" - for this Invitation and contract shall mean products offered containing post-consumer and/or post-industrial waste materials. "Broadloom carpet" — Woven and/or knitted, or tufted, nylon, wool, and/or wool/nylon blend. "Carpet Tiles"—tufted or fusion bonded, nylon wool, and/or wool/nylon blend. "Rubber Flooring"—rubber sheet or rubber tiles. 3.2 Order of Events Bidders will review and become familiar with the Event Timeline and solicitation documents, enter any questions in the MyFloridaMarketPlace Sourcing Tool Q&A Board by the date and time specified in the Event Timeline, answer all questions, submit required documents, complete information within the MyFloridaMarketPlace Sourcing Tool Items Tab for this solicitation. The Event Timeline gives the date and time (where applicable) for major activities in the solicitation. See Section 1.3 of this solicitation document for the Event Timeline. 3.3 MyFloridaMarketPlace Sourcing Tool Training This solicitation will be conducted using the MyFloridaMarketPlace Sourcing Tool. Training materials can be found at httl2:HmarkeWlace.myflorida.com/vendor/vendor solicitation help.htm. Copy link and paste into access site! Download and review the document titled ITB Event User Guide. 1 For all technical questions about the Sourcing Tool, vendors should contact the MyFloridaMarketPlace Customer Service Desk at (866) FLA-EPRO or vendorhe!p a,myfloridamarketplace.com. 2 For additional information / assistance on using the Sourcing Tool, please visit the MyFloridaMarketPlace website at following link: httys://marketplace.myflorida.com/vendor/vendor solicitation help.htm. This site includes: a. Solicitation User Guides b. On Demand web-based Sourcing training link c. WinZip FAQs d. Vendor FAQs Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 10 of 37 Complete Solicitation 3.4 Sourcing Tool Tips When working in the Sourcing Tool, be aware of the twenty minute time-out function in the tool. This means that you should save your work (click the SAVE button)at intervals of less than twenty minutes to insure your entries since you last saved are not lost. Please note that clicking the SAVE button within the Sourcing Tool only saves your bid responses. The SAVE button does not transmit your bid response to the State. In order to transmit your bid response to the State, you must click the SUBMIT button on the SUMMARY page of the bid response. After hitting the SUBMIT button, it is your responsibility to check your submitted bid response within the Sourcing Tool to verify that your response is accurately and completely captured within the Sourcing Tool. You must do this while there is time remaining in the bidding period in case you discover an error and need to resubmit a revised bid response. To validate your bid response,you should do the following before the bidding period ends: I. Go to the "My Bids / My Responses" tab within Sourcing Tool after you submitted your bid response 2. Click on the Bid ID number of your last submitted bid response 3. Review entire bid response to make sure all responses are complete, accurate and as you intended to submit. Minimum areas to check are: 1 Text boxes—Is your entire answer viewable? 2 Yes/No questions—Is the displayed answer correct? 3 All uploaded document files /scanned documents — Can you open attached document and clearly view entire content? 4 Offline electronic backup copy sent to the State (if applicable) - Can you open attached document and clearly view entire content? Does content of this file match your bid response within the tool (e.g., not an earlier version or working copy)? It is strongly recommended not to wait until the last minute save and submit your bid response. 3.5 Email Notification Vendors are reminded that the Sourcing Tool's email notifications are an option provided to bidders as a courtesy. The State of Florida is not under any obligation and does not guarantee that bidders will receive email notifications concerning the posting, amendment or close of solicitations. Vendors are responsible to check the MvFloridaMarketPlace Sourcing Tool and/or the Vendor Bid System for information and updates concerning solicitations. 3.6 Order of Precedence Potential Bidders for this solicitation are encouraged to carefully review all materials contained herein and prepare bids accordingly. In the event any conflict exists between the Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 11 of 37 Complete Solicitation Special and General Instructions, those instructions specified in the Special Instructions shall prevail. In the event any conflict exists between the Special and General Conditions, those conditions specified in the Special Conditions shall prevail. All responses are subject to the terms of the following sections of this ITB, which, in case of conflict, shall have the order of precedence listed: 1 Special Contract Conditions 2 Special Instructions to Respondents 3 General Instructions to Respondents (PUR 1001) 4 General Contract Conditions (PUR 1000) 5 Introduction 6 Forms 3.7 Who May Bid Manufacturers holding current Federal GSA Multiple Award Schedule Contracts for products offered on this contract may submit a bid. In furtherance of the One Florida Initiative, bidders are encouraged to seek the participation of certified minority business enterprises (CMBE). Information on the One Florida Initiative and CMBEs is available from the Office of Supplier Diversity at http://osd.dms.state.fl.us. 3.8 Execution of Bid The bid shall include all appropriate forms located within the MyFloridaMarketPlace Sourcing Tool RFX Info Section and complete information within the MyFloridaMarketPlace Sourcing Tool Items Tab for this solicitation. Failure to provide all requested information within the bid package may result in rejection of the bid. 3.9 Submittal of Bid Bidders will submit their final bid online via the MyFloridaMarketPlace Sourcing Tool. In the event a Bidder submits more than one bid, only the last bid received by the MyFloridaMarketPlace Sourcing Tool shall be considered for award. Each Bidder is responsible for ensuring that its bid is submitted at the proper time. The Department shall not consider late bids and the MyFloridaMarketPlace Sourcing Tool will NOT accept bids after the due date and time specified in the Event Timeline, or as amended by the Department. BIDS MUST BE SUBMITTED IN THE MYFLORIDAMARKETPLACE SOURCING TOOL BY THE DATE SPECIFIED IN THE EVENT TIMELINE. Additionally, the following section contains information that must be received by the contact person below no later than the ITB Submission Deadline. Please refer back to the Event Timeline (1.3) for Dates and Times. Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 12 of 37 Complete Solicitation Manufacturer's Published Federal GSA Multiple Award Schedule Contract Discounted Price Schedule for carpet, flooring materials, and installation. (Compact disc—CD format) Environmental & Recycled Content Requirements. Detailed environmental policy. Please reference Special Contract Conditions, 5.17 for additional information. Any format acceptable but prefer Compact disc- CD. • Web Site URL Address for State of Florida. Any format acceptable. Reference Section 5.24. *Outer packaging shall clearly state Bid Title, Bid (Solicitation) Number, Bid Opening Time and Date (ITB Submission Deadline)!* Contact for submittals: Brenda Wells State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, FL 32399-0950 Bidders awarded shall submit the sample material folders/architect folders for each item offered at the direction of State Purchasing (after contract award date). In addition, detailed documentation of construction of product offered, Installation Specifications, backing options for carpet, all adhesives recommended for use with any item offered, and product options offered will be required. 3.10 Amendments to the Solicitation Documents The Department reserves the right to issue amendments to the solicitation. Notice of any amendment will be posted within MyFloridaMarketPlace using the message board and the Vendor Bid System. Such notice, if required, will contain the appropriate details for identifying and/or reviewing the formal changes to the solicitation. Each bidder is responsible for monitoring the sites for new or changing information concerning this solicitation. 3.11 Bid Evaluation Criteria The Department shall evaluate eligible responsive bids. Bids that do not meet all requirements of this solicitation or fail to provide all required information, documents, or materials will be rejected as non-responsive. Bidders whose bids, past performance, or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements of the Contract may be rejected as non-responsible. The Department reserves the right to determine which bids meet the requirements of this solicitation, and which Bidders are responsive and responsible. The Department reserves Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 13 of 37 Complete Solicitation the right to accept or reject any and all bids, or separable portions, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the State's best interest. 3.12 Ordering Instructions Bidders shall identify persons responsible for answering questions about the bid and administering the Contract and shall provide information necessary for placing orders under the Contract. This document will then be uploaded back into the space provided in the Forms Section of this RFX. 3.13 Authorized Dealers/Installation Firms & Manufacturer Representation Bidders shall include a list of authorized dealers and installation firms with mailing address, telephone numbers, email address, and URL. Bidders are encouraged to use certified Minority Business Enterprise dealers/installers. This document will then be uploaded back into the space provided in the Forms Section of this RFX. In an effort to encourage local and minority representation on this contract, the contractor may assign an authorized dealer or installation partner to receive orders on their behalf. It is the Bidder's responsibility to insure that all customers will be given equal representation and service with the approved dealers. If this ordering option is utilized, the following requirements and qualifications apply: o The Manufacturer is ultimately responsible for the complete project(products and installation), REGARDLESS if the orders are received by the Manufacturer or dealer. o The Manufacturer shall be held responsible for all requirements of this contract, which include, reporting sales and payment of the 1%transaction fee to MyFloridaMarketPlace. o Each dealer named will be responsible for delivery and installation of products, as well as providing needed assistance to Eligible Customers, as defined in Section 163.3164, F.S. o Any contract changes must be submitted by the Manufacturer, not the dealer. o All contract changes must be approved by State Purchasing prior to implementation. o All authorized dealers or installers participating in this contract are required to register in MyFloridaMarketPlace if they will be receiving orders on behalf of the manufacturer. o Upon complaint(s) against the Manufacturer or Manufacturer's authorized dealer, State Purchasing may require the Manufacturer to remove this ordering option from their contract. 3.14 Price Sheet In responding to the ITB,Bidders shall list the name and number of their current Federal Multiple Award Schedule Contract in effect at the time of the Bid opening. Bidders shall list the series and style names of the products submitted along with additional installation, Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 14 of 37 Complete Solicitation options, additives and any additional charges. Please do not include individual prices for product and installation for each series/style on your Price Sheet. The Price Sheet will be uploaded into the space provided in the Forms Section of this RFX. Failure to provide requested information for this requirement may result in rejection of the bid. 3.15 Basis for Award Award shall be made statewide for each manufacturer's carpet and flooring materials product offering, including installation, currently available on GSA schedule, on a multiple award basis. The Department reserves the right to award all items to a single vendor or award to multiple vendors, or any other separable portion if deemed to be in the best interest of the State. 3.16 State Objectives (rev. 07/28/04). Within thirty (30) calendar days following award of the contract, the successful bidder shall submit plans addressing each of the State's five (5) objectives listed below, to the extent applicable to the items/services covered by this solicitation. 1) One Florida Initiative: Florida is a state rich in its diversity. Governor Bush's One Florida Initiative is dedicated to fostering the continued development and economic growth of small and minority and women-owned businesses. Central to this initiative is the participation of a diverse group of vendors doing business with the state. To this end, it is vital that minority and women-owned business enterprises participate in the State's procurement process as both prime contractors and subcontractors under prime contracts. Small and minority and women-owned businesses are strongly encouraged to submit replies to this solicitation. To track the success of the One Florida Initiative, which has achieved substantial gains in extending opportunity to minority- and women-owned businesses, the State of Florida maintains data to establish benchmarks from which to measure supplier diversity in State contracting. Vendors who contract with the state are obligated to provide information related to the use of minority- and women-owned businesses and subcontractors. The Contractor shall submit documentation addressing the Governor's One Florida Initiative and describing the efforts being made to encourage the participation of small and minority and women-owned businesses. Please refer to the Governor's "Equity in Contracting Plan" when preparing this documentation: http•//www oneflorida ora/myflorida/govemment/2ovemorinitiatives/one florida/eauity c ontractine.html Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 15 of 37 Complete Solicitation Equity in Contracting documentation should identify any participation by diverse contractors and suppliers as prime contractors, sub-contractors, vendors, resellers, distributors, or such other participation as the parties may agree. Equity in Contracting documentation shall include the timely reporting of spending with certified and other minority business enterprises. Such reports must be submitted at least quarterly and include the period covered, the name, minority code and Federal Employer Identification Number of each minority vendor utilized during the period, commodities and services provided by the minority business enterprise, and the amount paid to each minority vendor on behalf of each purchasing agency ordering under the terms of this contract. 2) Environmental Considerations: The State supports and encourages initiatives to protect and preserve our environment. The Contractor shall submit as part of any proposal the Contractor's plan to support the procurement of products and materials with recycled content, and the intent of Section 287.045, Florida Statutes. The Contractor shall also provide a plan for reducing and or handling of any hazardous waste generated by Respondent company. Reference Rule 62-730.160, Florida Administrative Code. It is a requirement of the Florida Department of Environmental Protection that a generator of hazardous waste materials that exceeds a certain threshold must have a valid and current Hazardous Waste Generator Identification Number. This identification number shall be submitted as part of Respondent's explanation of its company's hazardous waste plan and shall explain in detail its handling and disposal of this waste. 3) Certification of Drug-Free Workplace Program: The State supports and encourages initiatives to keep the workplaces of Florida's suppliers and contractors drug free. Section 287.087 of the Florida Statutes provides that, where identical tie proposals are received, preference shall be given to a proposal received from a Respondent that certifies it has implemented a drug-free workforce program. If applicable, Respondent shall certify that the Respondent has a drug-free workplace program. The Contractor shall describe how it will address the implementation of a drug free workplace in offering the items of bid. 4)Products Available from the Blind or Other Handicapped (RESPECT): The State supports and encourages the gainful employment of citizens with disabilities. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.oriz. The Contractor shall describe how it will address the use of RESPECT in offering the items of bid. Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 16 of 37 Complete Solicitation 5) Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE): The State supports and encourages the use of Florida correctional work programs. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from the corporation identified under Chapter 946, F.S., in the same manner and under the same procedures set forth in Section 946.515(2), and (4), F.S.; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. Additional information about PRIDE and the products it offers is available at http://www.pridefl.com. The Contractor shall describe how it will address the use of PRIDE in offering the items of bid. 3.17 Special Accommodation. 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 State Purchasing by using the Florida Relay Service at(800) 955-8771 (TDD). Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 17 of 37 Complete Solicitation 4.0 GENERAL CONTRACT CONDITIONS. STATE OF FLORIDA PUR 1000 PLEASE REFER TO 1.3 ON THE RFX INFO TAB OF THIS SOLICITATION WITHIN THE MYFLORIDAMARKETPLACE SOURCING TOOL Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 18 of 37 Complete Solicitation 5.0 SPECIAL CONTRACT CONDITIONS CONTENTS: 5.1 ELIGIBLE & EXCLUDED PRODUCTS; INTENEDED USE 5.2 REQUESTS FOR QUOTES 5.3 MANUFACTURERS QUALIFICATION 5.4 RESPONSIBILITIES 5.5 SUPERVISION AND COORDINATION 5.6 ETHICAL BUSINESS PRACTICES 5.7 PRICES 5.8 PRODUCT VARIATIONS/CUSTOM ORDERS 5.9 PRODUCT ADDITIONS/DELETIONS 5.10 PRICING & PRODUCT ADJUSTMENTS 5.11 NEW MANUFACTURERS - ADDITIONS 5.12 PURCHASING CARD PROGRAM 5.13 PARTIAL PAYMENT 5.14 LEGISLATION/SPECIAL PROGRAMS 5.15 RECYCLING PROGRAM 5.16 ENVIRONMENTAL & RECYCLED CONTENT REQUIREMENTS 5.17 AMERICAN WITH DISABILITIES ACT (ADA) REQUIREMENTS 5.18 SUSPECT ASBESTOS CONTAINING MATERIAL(S) 5.19 TOXIC SUBSTANCES 5.20 CONTRACT REVISIONS 5.21 CONTRACTOR PERFORMANCE 5.22 DELAYS AND COMPLAINTS 5.23 SALES REQUIREMENTS 5.24 MANUFACTURER CONTRACT ADMINISTRATION: DEDICATED STATE TERM CONTRACT WEB SITE REQUIREMENT 5.25 MYFLORIDAMARKETPLACE (MFMP) ELECTRONIC CATALOG REQUIREMENT 5.26 CONTRACT SERVICE REQUIREMENTS 5.27 USE TAX Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 19 of 37 Complete Solicitation 5.28 INSURANCE 5.29 INSURANCE, LOSS DEDUCTIBLE CLAUSE 5.30 INSURANCE, SUBCONTRACTOR'S PUBLIC LIABILITY& PROPERTY DAMAGE 5.31 INSURANCE,WORKER'S COMPENSATION 5.32 PERFORMANCE AND PAYMENT BONDS 5.33 WARRANTY Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 20 of 37 Complete Solicitation 5.1 Eligible & Excluded Products; Intended Use The State of Florida is seeking responsible bidders to provide carpet and flooring products installed to State Agencies and all Eligible Users. Contractors shall furnish all labor, equipment, and materials to perform all operations necessary to install carpet and flooring materials in designated areas in accordance with the conditions and specifications included in this Invitation. All carpet and flooring materials offered and sold shall be new and unused and in current production. Carpet manufacturers may also include optional products such as VCT, linoleum, sheet vinyl and walk-off mats in their offering. The products included in this Invitation are: Carpet (Broadloom) Carpet Tiles Rubber Flooring Excluded Products: Ceramic or porcelain tile, laminate flooring Intended Use: The carpet, padding or flooring materials are intended solely for use as commercial grade floor coverings. No products may be used for wall covering. This contract does not apply to re-laying of existing carpet, nor installation of carpet or other flooring purchased from other sources. 5.2 Requests for Quotes CUSTOMERS ARE RESPONSIBLE FOR COMPETITIVELY SETTING THE PRICE FOR EACH PARTICULAR ORDER,AND THEY SHALL DO SO BY INITIATING A REQUEST FOR QUOTES ("RFQ"), which is an oral or written request for written pricing or service information from a Contractor for products available under the Contract from that Contractor. Customers shall create and maintain written records of oral and written requests, as well as records of quotes received. Quotes shall be in writing but otherwise informal, and need not be received or posted publicly or at a particular time or place. A Customer shall initiate a sufficient number of requests to obtain a minimum of three quotes, and shall place its purchase order with the Contractor quoting the lowest price, unless the Customer documents in writing that the lowest price quote would not result in best value. 5.3 Manufacturers Qualifications Carpet mill and flooring materials manufacturing plant must be regularly engaged in manufacturing products offered in response to this Invitation. Products must have been in satisfactory use under similar conditions, for not less than three (3) years or approved on the manufacturer's Federal GSA Multiple Award Schedule. However, the State reserves the right to review new products as deemed in the best interest of the State. Manufacturers shall be required to complete all information requested in the "Manufacturer's Qualifications" section of this Invitation. This includes naming designated persons residing in the corporate headquarters or mill who will be responsible for administering this contract and answering all inquiries from purchasers on the "Ordering Instructions Form" located in the Forms Section of this RFX. Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 21 of 37 Complete Solicitation If the purchaser desires a quotation for carpet and services, the manufacturer will be responsible to have site measured and complete required "Quotation Form". The "Quotation Form" shall list the installer who shall receive and install the flooring material, and the Manufacturer's Representative who shall be responsible for resolving technical problems. State Purchasing reserves the right to request references from the bidder and contact the references regarding the services provided. State Purchasing reserves the right to request additional data pertaining to the respondent's ability and qualifications as it deems necessary to ensure competent and satisfactory work. Any respondent failing to submit, on request, the required information will be judged non- compliant and their proposal will not be considered for award. 5.3 Responsibilities The Contractor is responsible for all licenses, permits, and inspection fees required for any project, and shall comply with all laws, ordinances, regulations and any other requirements applicable to the work specified. All property shall be protected against damage by reason of the Contractor's operations in performance of contract. The Contractor is ultimately responsible for delivery and installation including moving and replacement of furniture, and the performance of all operations necessary or installs carpet in accordance with the conditions and specifications of this bid. Removal of existing floor covering is the responsibility of the Contractor in accordance with the requirements of the job and of the purchaser. Manufacturer's local representation is critical for sales, service, and resolving technical problems. The Contractor shall be responsible for having adequate representation throughout the State of Florida to meet all the State's needs. State Purchasing reserves the right to reject participation by local participation if deemed in the best interest of the State. 5.5 Supervision and Coordination The user should request a representative of the manufacturer act as a project manager for large installations (those over 50,000 square feet). It is in the best interest of the manufacturer to provide this service to protect their reputation and to ensure the conditions of this contract are fulfilled. The project manager should: oversee the delivery and installation to determine that all aspects of the job run smoothly, make sure there is no interference from the other trades or building contractor, and verify the installers are working in a professional manner and completing the job in accordance with all requirements specified herein. 5.6 Ethical Business Practices Any manufacturer awarded business as a result of this Invitation shall work in partnership with the State to ensure a successful and valuable contract, and ethical practices are required of State employees, Contractors, and all parties representing the Contractor. All Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 22 of 37 Complete Solicitation work performed under this contract will be subject to review by the Inspector General of the State of Florida, and any findings suggesting unethical business practices may be cause for termination or cancellation. Reference General Contract Conditions, PUR 1000, Lobbying and Integrity,paragraph 19 for additional requirements. 5.7 Prices Prices offered for this Invitation shall be for delivered and installed carpet and flooring materials, including sundries. Prices offered shall be equal to or lower than current approved GSA pricing. A copy of the price list quoted and documentation of the GSA approved contract with discount structure must be submitted with the Bid. Charges for all additives, deductions, options and services related to the product and installation shall be included in the Price Sheet. Adjustments to address a difference between the GSA Industrial Funding Fee and the MyFloridaMarketPlace Transaction Fee shall be listed on the Price Sheet as a percentage of the total applicable charge, and shall not exceed the exact difference of the two fees (.25%). State of Florida Use Tax, if applicable, shall be noted on the Price Sheet. Reference Section 5.27 Use Tax. Any GSA approved revision of pricing and products during the term of the contract shall be submitted to State Purchasing with the State reserving the right to accept or reject within 60 days, or cancel the contract. Any increase accepted by GSA shall not become effective until approved by State Purchasing. Adjustments may be requested by utilizing the procedure outlined in Section 5.10, Pricing and Product Adjustments. Pricing for any extraordinary physical circumstances within a building shall be negotiated on a case-by-case basis. A copy of the price list quoted and documentation of the GSA approved contract with discount structure must be submitted with the Bid. Reference 5.10,Pricing & Product Adjustments paragraph for procedure to request price adjustments during the term of the contract. State Purchasing, at its discretion, may allow the Manufacturer to configure its own Price List of eligible offerings and to post prices on the Manufacturer's dedicated web site through the State of Florida Internet Contract page. Any subsequent revisions shall be submitted for review and approval prior to implementation to the attention of the State Purchasing Contract Manager. 5.8 Product Variations/Custom Orders New variations, substitutions, including custom orders of existing products awarded under the contract will be considered for the contract if in the best interest of the State. The Contractor will not be authorized to sell any product variation with reference to this contract prior to approval by State Purchasing. All deviations, product modifications and Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 23 of 37 Complete Solicitation special requests must receive prior written approval from the purchaser before execution of the purchase. Proposed changes shall not compromise the integrity of the product's performance. A "Change Order/Special Request" form must be completed and signed by the purchaser before any changes can be made. 5.9 Product Additions/Deletions State Purchasing reserves the right to add or delete products within 180 days after such action by GSA, as published in the Federal Multiple Award Contract Schedule and all "Supplements." 5.10 Pricing& Product Adjustments Requests for pricing adjustments or product additions should include the following: ■ Contract Revision/Authorization Form (see Blank Forms). • Copy of the Federal GSA Multiple Award Schedule Modification approving any product or change. ■ Manufacturer's current Federal GSA Multiple Award Schedule Contract- compact disc format(CD). • Literature or sample of product or series requested. 5.11 New Manufacturers -Additions The addition of manufacturers will not be considered until the time of the contract anniversary date of one year; and after that date, as determined by State Purchasing to be in the best interest of the State. Upon receipt of completed Bid documents and product review, manufacturers may be considered for addition. All requests must include the following information and sent to the attention of the Contract Manager: Completed Bid documents per this invitation must include all forms and requirements in addition to those listed here. o Registered in MyFloridaMarketPlace as a vendor. o Product offering must be represented on Manufacturer's Federal GSA Multiple Award Schedule contract. o Dedicated web site address for the State Contract. All information must be approved prior to award. o Manufacturer's current Federal GSA Multiple Award Schedule Contract- compact disc format(CD). o Three (3) Letters from Eligible Customers supporting addition to contract. Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 24 of 37 Complete Solicitation o Literature and samples of product or series in product scope. 5.12 Purchasing Card Program 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. 5.13 Partial Payment Eligible users are encouraged to allow the manufacturer to bill for materials and have a partial payment of up to 80% of the total purchase order dollar amount, especially for large jobs and jobs where installation is delayed. Terms should be presented in writing and approved by both parties prior to any work being performed. Terms should address, at a minimum, expected delivery, installation dates, payment terms and penalties. 5.14 Legislation/Special Programs The State reserves the right to negotiate with Contractors at any point during the contract period if"pilot" or special programs are funded by the Legislature, or if new legislation is enacted pertaining to flooring materials or their disposal. 5.15 Recycling Program The State of Florida recognizes that proper disposal of used carpet is a concern for all individuals living and working in the state of Florida. Some landfills no longer accept carpet or carpet materials for land-filling. The contractor shall advise the contract user of the method of disposal of all materials removed from the job site and agrees to abide by all state and local carpet disposal regulations. All recycling efforts are encouraged. 5.16 Environmental& Recycled Content Requirements The State of Florida, as outlined in Florida Statutes 287.045, is committed to reducing waste and promoting energy conservation. To that effort, Bidders responding to this Invitation are encouraged to meet minimum recycled content standards AND to submit information relating to their company's environmental policy and implementation process. Bidder shall submit a detailed environmental policy. This policy should explain the Bidder's environmental mission and shall include detailed information on initiatives or procedures related to the realization of the environmental mission, for example: 1 Pollution prevention opportunities 2 Energy conservation 3 Water conservation 4 Green House Gas (GHG) reductions 5 Disposal of solid and/or hazardous waste 6 Recycling of scrap Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 25 of 37 Complete Solicitation 7 Health and safety issues 8 Community involvement Bidder shall provide a link to this information on the State Contract Web Page as described in the Special Conditions, Section 5, Manufacturer Contract Administration—Dedicated Web Site Requirements; paragraph 5.1 Bid responses not including this environmental information will be rejected. If applicable, Bidder shall submit any prepared and'or approved documentation in relation to the BIFMA Sustainability Guidelines, ISO 14001, and EPA Comprehensive Procurement Guidelines. Bidder shall identify all product lines (or products) including recycled content and/or post consumer recycled content. DEFINITIONS: Environmental Policy or Mission: Is a statement by the organization of its intentions and principles in relation to its overall environmental performance, which provides a framework for action and for the setting of its environmental objectives and targets. Greenhouse Gas Emissions: Emissions of gases related to human activities that accelerate the "greenhouse effect." The term "greenhouse effect" describes the natural heat-trapping qualities of trace gases in the Earth's atmosphere. Human activities have significantly increased the concentrations of natural greenhouse gases such as carbon dioxide. While carbon dioxide is not the only greenhouse gas, it is the main contributor to warming. Post-Consumer Content: Materials in a recycled product which are derived from businesses or consumers after having served their intended uses, and which have been separated or diverted from solid waste for the purpose of collection, recycling and disposition. Post-Industrial Content: Materials generated by manufacturers or product converters, such as trimmings, overruns and obsolete products,that are incorporating back into the manufacturing process of the same or a different products are considered post-industrial materials or scraps. 5.17 American with Disabilities Act(ADA) Requirements All work completed in accordance with this contract shall meet ADA guidelines. Carpet as installed shall be "securely" attached to the floor in compliance with ADA, Part III, Chapter 3 Building Blocks, paragraph 302.2 Carpet. ADARequirements web site link: www.acccess-board.gov/ada-aba/final.htm Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 26 of 37 Complete Solicitation 5.18 Suspect Asbestos Containing Materials(s) Before installing carpet where the installer suspects or detects there is (a) asbestos tile, (b) carpet over asbestos tile, (c) asbestos in the walls or mastic behind vinyl base, the installer must contact the Agency Asbestos Coordinator (or building owner). At that time, it will be determined if the material(s) contains asbestos. If asbestos is found, the installer can not commence or resume work until the Asbestos Coordinator instructs the installer how to proceed. 5.19 Toxic Substances When any toxic substance, as defined in Chapter 442, Florida Statutes, is used, it will be the responsibility of the successful bidder to post a notice, not only to his own employees, as required by the Chapter, but also post a notice in a conspicuous place at the job site, informing building occupants of the substance being used, and a material safety data sheet for their examination. 5.20 Contract Revisions Though contractors are responsible for maintaining their own contract information through their State Contract Web Page, any revisions to the originally approved contract information must be authorized in writing by State Purchasing prior to implementation. A revision authorization form is included in this document(Blank Forms under Forms Section) and should be submitted with any request to revise pricing and/or terms, ordering instructions, or servicing dealer listing. Upon review of a State Contract Web Page, should unauthorized information be discovered within the site,the contract link may be immediately suspended until the information is appropriately revised,or until the contract is cancelled. 5.21 Contractor Performance Each Contractor's performance will be evaluated on an ongoing basis through the following procedures: 1. Contract users will have access to the Contract Survey (Performance Evaluation) online as to their satisfaction with the overall contract, as well as their installation teams. 2. Contractors will be evaluated on the number of complaints received from contract users. 3. Timely submission of Monthly Transaction Reports and applicable fees will be a key factor in this evaluation. 4. Volume of sales will be reviewed as part of Contractor performance. 5.22 Delays and Complaints Delivery delays and service complaints will be monitored on a continual basis. Documented inability to perform under the conditions of the contract (via the established Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 27 of 37 Complete Solicitation Complaint to Vendor process (PUR 7017 form) may result in default proceedings and/or cancellation. 5.23 Sales Requirements Sales will be reviewed on a quarterly basis. Should no sales be recorded in two consecutive contract quarters, the contract supplier may be placed in probationary status or termination or cancellation. State Purchasing reserves the right to require Bidders to submit detailed sales upon request. Reference General Contract Conditions, PUR 1000, Transaction Fee, paragraph 15 for MONTHLY reporting requirements. 5.24 Manufacturer Contract Administration- Dedicated State Term Contract Web Site Requirement The contract resulting from this Invitation will become a public document. The State of Florida, State Purchasing, is using the Florida Communities Network (FCN) on the Internet World Wide Web (W WW) to distribute contract and product information to users of State Term Contracts outside of MyFloridaMarketPlace. The following components and activities are required of each contractor: Each contractor shall develop and maintain a State contract Web Page on the Internet W W W to post approved contract information to enable access to and ordering of Customers' specific items from the Contractor's catalog. The contractor's web page will be linked from the State Contract web site and dedicated to the State of Florida Contract. Access to the site and its' information cannot be password protected. Each vendor's State Contract Web Page must be built and then maintained over the life of the State Term Contract to be compatible with the most recent version of browser software being used by State Purchasing. As of the writing of this Invitation,Netscape Navigator is the State Purchasing browser standard. State Purchasing intends to upgrade to new browser versions as they become available and fully tested, at its discretion. Except in the event of unforeseen technological interruptions or forces of nature, continued disruption of service or inadequate access may be grounds for the contract link to be removed and/or contract cancellation. Each contractor's State Contract Web Page must include the following information in the exact format provided in this Invitation: o Price Sheets, Section 2.0 o Ordering Instructions, Forms Section 7.0 o Authorized Dealers/Installation Firms & Mfr. Representation with current contact information, Forms Section 7.0 o Environmental &Recycled Content Requirements, Section 5.17. Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 28 of 37 Complete Solicitation Though not required at this time, it is highly recommended that graphics and/or audio based information also be used. Additional links may be included to access additional product literature, the vendor's home page, or any other pertinent information. The Universal Resource Locator(URL) for the State Contract Web Pa¢e must be supplied to State Purchasine no later than ITB Submission Deadline . See Event Calendar. 5.25 MyFloridaMarketPlace (MFMP) Electronic Catalog Requirement Awarded vendors will be required to provide a completed data template that contains necessary information to enable your electronic catalog in MyFloridaMarketPlace (MFMP). This format is generally Microsoft Excel. Necessary 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 required by the MyFloridaMarketPlace third-party Service Provider. No costs or expenses associated with providing this information shall be charged to the Department, Customers, or Service Provider. Final award is contingent on completion of submitted MyFloridaMarketPlace electronic catalog. See Event Timeline. 5.26 Contract Service Requirements Requests by State Agencies and Eligible Users for Product Literature, Price Lists, and Specifications must be provided within five (5) working days after receipt of written request, at no charge to Eligible Users. However, the Department reserves the right to review and approve all Product Literature, Price Lists, and promotional materials before distribution to State Agencies and Eligible Users. 5.27 UseTax It is the responsibility of the Contractor to determine how work accomplished under this contract would be subject to a Use Tax as written in the "Sales and User Tax" Chapter 12A-1, Florida Administrative Code. Any questions concerning the Use Tax as it relates to this contract shall be directed to the Taxpayer Assistance Section at the Department of Revenue (800) 352-3671. 5.28 Insurance The manufacturer's authorized installer shall not commence any work in connection with this contract until they have obtained all of the appropriate insurance coverage to adequately protect damage hazards which may result in the performance of this contract. Furthermore, all insurance shall be with insurers qualified and duly licensed to transact business in this state. Upon request, the manufacturer shall furnish the purchaser an insurance certificate proving appropriate coverage is in full force and effect. Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 29 of 37 Complete Solicitation INSURANCE, CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE. The Contractor shall take out and maintain during the life of this agreement COMMERCIAL GENERAL LIABILITY AND COMMERCIAL AUTOMOBILE LIABILITY INSURANCE as shall protect him from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this agreement whether such operations are by himself or by anyone directly or indirectly employed by him, and the amount of such insurance shall be the minimum limits as follows: A. Contractor's Commercial General $300,000.00 Liability Coverages, Bodily Injury Each Occurrence, Combined Single Limit B. Automobile Liability Coverages, $100,000.00 Bodily Injury & Property Damage Each Occurrence, Combined Single Limit Insuring clause for both BODILY INJURY and PROPERTY DAMAGE shall be amended to provide coverage on an OCCURRENCE BASIS. 5.29 Insurance, Loss Deductible Clause The purchaser shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the contractor providing such insurance. Upon request, the Contractor shall furnish the purchaser an insurance certificate proving appropriate coverage is in full force and effect. 5.30 Insurance, Subcontractor's Public Liability and Property Damage The Contractor shall require each of his subcontractors to secure and maintain during the life of the subcontract, insurance of the type specified above or insure the activities of his subcontractors in his policy, as specified above. 5.31 Insurance,Worker's Compensation The Contractor shall take out and maintain during the life of this agreement, Worker's 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 Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Workers' Compensation statute, the Contractor shall provide, and cause each subcontractor to provide, adequate insurance, satisfactory to the Purchaser, for the protection of his employees not otherwise protected. 5.32 Performance and Payment Bonds The authority and responsibility for requesting performance and payment bonds shall rest with the purchaser. Under this contract,the purchaser issuing the purchase order may request a performance and payment bond as deemed necessary by the size of the job. Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 30 of 37 Complete Solicitation Inability to provide a bond shall result in the Contractor being found in default of the contract. 5.33 Warranty All materials and labor shall be warranted for a minimum of three (3) years from the date of completion of installation. The Contractor shall see that all repairs or corrections necessary are made to maintain the completed work in first-class condition and according to industry standards, for a three (3) year period at NO additional cost. This shall include, but shall not be limited to, replacing carpet, relaying or re-stretching any carpet that does not provide an attractive, wrinkle free appearance, and correcting any condition due to faulty installation, such as loss of adhesion to sub floor, or frayed or raveled seams. All 6' carpet shall have a minimum non-prorated warranty of a minimum of fifteen (15) years from the date of completion of installation. All broadloom carpet shall have a minimum non-prorated warranty of ten (10) years from the date of installation. All carpet shall be warranted against excessive surface wear (not more than 10% loss of pile fiber weight measured before and after use) and delamination of secondary backing, edge ravels, and zippering when maintained as specified by the manufacturer. The manufacturer shall not be liable for abnormal circumstances and abuse. The warranty shall cover materials, labor, and transportation charges, if any. All modular carpet tile products must also be warranted against cupping, dishing, or doming for a period of no less than fifteen (15) years from date of installation. All other flooring products must (at a minimum) be liable for the manufacturer's warranty for those goods. The manufacturer's written instructions for carpet or flooring care and maintenance shall be provided to the purchaser upon completion of installation. Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 31 of 37 Complete Solicitation Carpet& Flooring Price Sheet MANUFACTURER'S MILL LABEL: GSA PRICE LIST NAME & NUMBER: Note: Individual prices and installation for each series/style bid shall be submitted pursuant to Section 3, Special Instructions to Respondents, Submittal of Bid, paragraph 3.9. SERIES/STYLES BID: (Note-Each series shall be listed by name and/or number) Please enter MAXIMUM GUARANTEED PRICES ARE TO BE ADDED TO THE NET INSTALLED PRICE IF APPLICABLE and not included in your GSA Contract: Adjustment for MyFloridaMarketPlace Transaction Fee(percentage) %(not to exceed .25%) Adjustment for State of Florida Use Tax if applicable CARPET STRETCHED-IN OVER 32 OZ. PAD, ADD: $ SQ.YD IF INSTALLATION SHALL OCCUR AT NIGHT AND ON WEEKENDS,ADD: $ SQ.YD IF INSTALLATION SHALL OCCUR AT NIGHT AND ON WEEKENDS,ADD: $ SQ.YD IF FURNITURE SHALL BE REMOVED,ADD: $ SQ.YD IF FURNITURE SHALL BE REPLACED,ADD: $ SQ.YD REMOVAL OF GLUED-DOWN, FOAM-BACKED CARPET,ADD: $ SQ.YD REMOVAL OF GLUED-DOWN CARPET: $ SQ.YD REMOVAL OF CONVENTIONALLY INSTALLED,CARPET-OVER-PAD, $ SQ.YD ADD: DISPOSAL FEE,ADD $ SQ.YD MATERIALS AND INSTALLATION OF STANDARD VCT(Vinyl Composition $ SQ.YD Tile)ADD MATERIALS AND INSTALLATION OF 4"COVE MOLDING,ADD $ LIN.FT MATERIALS AND INSTALLATION OF 6"COVE MOLDING,ADD: $ LIN.FT MATERIALS AND INSTALLATION OF 4"CARPET STRIP AND PLASTIC $ LIN.FT CAP AS MOLDING,ADD: MATERIALS AND INSTALLATION OF 6"CARPET STRIP AND PLASTIC $ LIN.FT CAP AS MOLDING,ADD CUTTING CHARGE FOR WOODEN DOORS,ADD: $ /PER DOOR CUTTING CHARGE FOR METAL DOORS $ /PER DOOR TRANSITION STRIPS:SPECIFY TYPE $ /LIN.FT QUANTITY DISCOUNTS-LARGE ONE TIME,ONE-DELIVERY ORDERS $ ADDITIONAL FREIGHT FOR QUANTITY DISCOUNTS: $ SYSTEM LIFTING $ Carpet& Flooring Materials ITB 28.360-240-F-Re-Bid Page 32 of 37 Complete Solicitation Note: Duplicate as necessary (Copy and paste within this document) OPTIONS CUSTOM COLOR-SPECIFY FOR THE FOLLOWING STYLES: ADD SPECIAL CARPET FINISHES/BACKING OPTIONS-SPECIFY FOR THE FOLLOWING STYLES: SPECIAL CARPET FINISHES-SPECIFIY FOR THE FOLLOWING STYLES: MINIMUM YARDAGE AMOUNT-SPECIFY FOR THE FOLLOWING STYLES: PATTERN MATCHING--SPECIFY FOR THE FOLLOWING STYLES: ADDITIONAL FLOOR PREP AS NEEDED ADDITIONAL SERVICES NEEDED OR REQUESTED BY USER PLEASE LIST VCT LINOLEUM SHEET VINYL BASE PAD INSTALLED BELOW: EXAMPLE: VCT INSTALLED $xx.xx/SQ.FT Armstrong Standard Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 33 of 37 Complete Solicitation STATE CONTRACT #360-240-06-1 QUOTATION FORM PAGE I of 2 DATE: MFG VENDOR NAME: CONTACT ADDRESS: MFG CTRL# CITY,STATE,ZIP: MFG ORDER # TELE#: FAX#: PROMISE DATE INSTALL DATE MATERIALSHIPTO: COMPLETIO N INSTALLER CONTACT COMPANY: STREET: PHONE# CITY: PAGER# STATE-ZIP: FAX# CUSTOMER/PROJECT: CONTACT STREET: PHONE# CITY: PAGER# STATE-ZIP: SERVICES REQUIRED CARPET PRODUCT COLOR BACKING: ADHESIVE: YARDAGE Sly INSTALL AMOUNT= $ PRICE CPT Sly INSTALL AMOUNT= $ - REMOVAVDISPOSAL PRICE CPT DISPOSAL S/Y INSTALL AMOUNT= $ - PRICE CARPET TILE SN INSTALL AMOUNT= $ REMOVAWDISPOSAL PRICE FURNITURE MOVING S/Y INSTALL AMOUNT= $ - PRICE BORDER/LABOR LFT INSTALL AMOUNT= $ - PRICE PAD SfY INSTALL AMOUNT= $ PRICE BASE LFT INSTALL AMOUNT= $ PRICE MANUFACTURER,SIZE,MATERIAL, COLOR: TRANSITION- LFT INSTALL AMOUNT- REDUCER PRICE VCT S,T INSTALL AMOUNT= $ - PRICE MANUFACTURER, STYLE,COLOR: Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 34 of 37 Complete Solicitation SHEET VINYL S/Y PRICELL AMOUNT- 2 MANUFACTURER, STYLE,COLOR: FLOOR PREP JOB INSTALL AMOUNT= $ PRICE MISC.LABOR INSTALL AMOUNT= $ - (NIGHTIWKEND, PRICE DOORS,STAIRS,ETC.) OTHER CHARGES _ AMOUNT= $ - ;AND INFORMATION i TOTALAGREEMENT $ - AMOUNT SPECIAL INSTALLATION START DATE: COMPLETION DATE: INSTRUCTIONS. SPECIAL CONDITIONS: CARPET SEAM TYPE: PROJECTED ATTIC STOCK: PLANS-FINISH SCHEDULE-SEAMING DIAGRAM ENCLOSED: CONTRACT COMPLETION FORM AND CHANGE ORDERS MUST ACCOMPANY INVOICE BEFORE PAYMENT CAN BE PROCESSED A FULLY EXECUTED CHANGE ORDER MUST BE ON FILE BEFORE ANY CHARGES NOT DESCRIBED IN ABOVE SCOPE WILL BE PAID. SIGNAND RETURN ONE AGREEMENT BEFORE ANY WORK BEGINS-KEEP ONE COPY FOR YOUR RECORDS NO PAYMENTS WILL BE MADE UNTIL AN EXECUTED AGREEMENT IS RECEIVED BY PURCHASER THIS CONTRACT IS SUBJECT TO THE"TERWS AND PROVISIONS OF CONTRACT"AS ACCEPTED,SIGNED BY THE INSTALLER AND ON FILE WITH STATE PURCHASING. MANUFACTURER'S DATE REPRESENTA TIVE INSTALLER SIGNATURE DATE TITLE Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 35 of 37 Complete Solicitation STATE CONTRACT #360-240-06-1 CHANGE ORDER& SPECIAL REQUEST FORM PROJECT: CONTROL # PURCASE ORDER# DATE: This change order is to show that a particular change has been requested by an authorized representative of This change order gives company (Installer)the authority to perform all work required and to supply all materials it will take to perform work as described below. This change order authorizes < >. To add the additional charges for labor and materials to the total contract cost as agreed upon prior to the date of this request and which contract is represented by Purchase Order Number ITEMIZED DESCRIPTION OF THE WORK AND MATERIAL REQUIRED:- Extended Description Amount Unit Price Cost Needed Authorized Representative Approval Date Company Name Signature Title Note: Include itemized totals on the change order. Have change orders signed before beginning any additional work. Change orders will NOT be processed for payment without a signed approval from the end user. Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 36 of 37 Complete Solicitation STATE CONTRACT #360-240-06-1 CONTRACT COMPLETION FORM PURCHASE ORDER#: CONTROL# PROJECT NAME: ADDRESS: The undersigned hereby acknowledges that the above referenced project has been completed and has accepted the work as satisfactory. PURCHASER: DATE: BY: TITLE: AUTHORIZED REPRESENTATIVE PURCHASER ADDRESS: JOB NOTES AND PUNCH ITEMS: COMMENTS: INSTALLATION COMPANY: DATE COMPLETED: To expedite the processing of your invoice, please include the information listed below with your invoice. Itemized invoice of work completed Signed Contract Completion Form Carpet& Flooring Materials ITB 28-360-240-F-Re-Bid Page 37 of 37 Complete Solicitation CITY OF DANIA BEACH Agenda Item # 7 / Agenda Request Item Date of Commission Meeting: 9-25-2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Requested Action (Identity app"ropdate Action or Motion),. Adopt resolution approving emergency medical transport billing and collection services agreement with Advanced Data Processing Inc. Why Action is Necessary City must outsource its transport billing. What Action Accomplishes Allows for continuing billing services with our current vendor ADPI, which has proven to be beneficial to the city. Purchasing Requests ONLY Dept: 2201 Fire Rescue Acct#: Amt: Fund: General: ❑X water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background The contractual agreement is a piggyback onto a recent RFP for third party billing through the City of Miramar. Due to the enlarged transport base, Miramar was able to acquire a contractual collection rate 1/2% lower than our previous collection rate. After negotiations and with a longstanding customer relationship with ADPI, we were able to agree to the same collection rate as the RFP. The full RFP was recorded with the City of Dania Beach, City Clerk's office. Dania Beach Fire Rescue has worked to develop a fully electronic format for electronic billing. ADPI paid for and developed the interface that allows patient records to be sent from our field data units to them for bill processing through a wireless, encrypted process. This unique billing application, has improved the speed by which transport bills are processed. The contract specifies an effective date for two years 10/1/2007 through 9/30/2009, under the terms and conditions contained herein unless otherwise terminated. This AGREEMENT shall renew automatically, to include the collection rte percentage, for a period of three (3) additional years at the end of the initial term and any subsequent renewal term unless the AGREEMENT is terminated in accordance with section '12 Termination". During the time of this Agreement the City may terminate this Agreement either for convenience or for default after first giving the Contractor thirty (30) days' notice. Fiscal imoact/cost summary Charges for collections under ADPI is a budgeted item. This agreement provides for a 1/2 % reduction in collection rates charged by ADPI. Exhibits Attached (1) Resolution (2)Agreement Between the City of Dania Beach and ADPI (3) Company background Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized;Signatures Submitted by Michael Cassano Date 09/13/07 Department Director Michael Cassano Date 09/13/07 Assistant City Manager Colin Donnelly Date 09/13/07 HR Director Date Finance Director Patricia Varney Date 09/13/07 City Attorney Thomas J. Ansbro Date 09/14/07 City Manager Ivan Pato Date 09/18/07 User Creating Item Item Name (do not use/or\ in name) Michael Cassano ADPI Resolution City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-183 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ADVANCED DATA PROCESSING, INC., FOR RESCUE AMBULANCE BILLING AND RELATED PROFESSIONAL SERVICES, UNDER AGREEMENT WITH THE CITY OF MIRAMAR, 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$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 has determined that medical transport billing services can be obtained at the least cost to the City by contracting with Advanced Data Processing, Inc., 520 NW 165 Street Road, Suite 201, Miami, Florida 33169, under an Agreement existing between the City of Miramar and Advanced Data Processing, Inc., executed on June 8, 2007, a copy of which is attached as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That an Agreement between the City of Dania Beach and Advanced Data Processing, Inc. for Rescue Ambulance Billing and Related Professional Services, under an Agreement existing between the City of Miramar and Advanced Data Procesing, Inc., executed on June 8, 2007, is approved and the appropriate city officials are authorized to execute it. 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 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 #2007-183 AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND ADVANCED DATA PROCESSING,INC. FOR RESCUE AMBULANCE BILLING & RELATED PROFESSIONAL SERVICES. THIS IS AN AGREEMENT, (the "AGREEMENT"), entered into on , 2007 between the CITY OF DANIA BEACH, a Florida municipal corporation, with principal offices located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 (the "CITY"), and Advanced Data Processing, Inc., a Delaware corporation authorized to do business in Florida, with principal offices located at 6451 N. Federal Highway, Suite 1002, Ft. Lauderdale, Florida, 33008 (the "CONTRACTOR"). WHEREAS, the City of Miramar, a municipality in Broward County, in which County CITY is located, entered into an agreement("Miramar Agreement")with CONTRACTOR dated June 8ffi,2007; and WHEREAS, the City of Miramar sought responses from qualified firms to provide medical billings, collections, and accounts receivable professional services for the City of Miramar's Fire Rescue Division; and WHEREAS, the CITY and CONTRACTOR agree that all the terms and conditions of the Miramar Agreement can be extended to CITY;and WHEREAS, the parties intend to enter into this Agreement, pursuant to which the CONTRACTOR will render the professional services to CITY in all respects as provided in the Miramar Agreement; NOW THEREFORE, for and in consideration of the mutual covenants and agreements as set forth in this AGREEMENT,the parties agree as follows: CONTRACTOR extends to CITY and CITY accepts the same terms, conditions and services of the Miramar Agreement, a copy of which is attached as Exhibit A and incorporated by this reference. IN WITNESS OF FOREGOING, the parties have caused this AGREEMENT to be executed on 12007. CITY OF DANIA BEACH, a Florida municipal corporation By: Ivan Pato, City Manager ATTEST: Louise Stilson, City Clerk APPROVED AS TO FORM AND CORRECTNESS: Thomas J. Ansbro, City Attorney CONTRACTOR: Advanced Data Processing, Inc. A Delaware Corporation, authorized to do business in Florida Doug Shamon, President WITNESSES: Signature Print Name Signature Print Name (CORPORATE SEAL) STATE OF FLORIDA ) MIAMI-DADE COUNTY ) BEFORE ME, on 2007 personally appeared Doug Shamon, as President of Advanced Data Processing, Inc., a Delaware corporation, (such person is personally known to me or produced as identification) and acknowledged execution of the foregoing Agreement for the use and purposes mentioned in it and that the instrument is the act and deed of the Contractor. Notary Public, State of Florida at Large My Commission expires: AGREEMENT BETWEEN CITY OF MIRAMAR, FLORIDA AND ADVANCED DATA PROCESSING, INC. FOR RESCUE AMBULANCE BILLING & RELATED PROFESSIONAL SERVICES. THIS AGREEMENT, hereinafter "AGREEMENT", made and entered into this 8th day of June, 2007 by and between CITY OF MIRAMAR, a Florida Municipal corporation, with principal offices located at 2300 Civic Center Place, Miramar, Florida 33025 hereinafter referred to as the "CITY", and Advanced Data Processing, Inc., a Delaware Corporation with principal offices located at 6451 North Federal Highway, Suite 1002, Fort Lauderdale, Florida 33308, hereinafter referred to as the"CONTRACTOR". W ITNESSETH: WHEREAS, the CITY solicited competitive proposals for the services herein and, as a result of due diligence the CITY selected CONTRACTOR to provide the required services; and WHEREAS, the parties hereto now wish to enter into an agreement, pursuant to which the CONTRACTOR will render those professional services in connection with said project as hereinafter provided; NOW THEREFORE, the parties hereto agree as follows: 1. DEFINITION OF THE PROJECT. The objective of the project is to utilize the services of the CONTRACTOR to provide the CITY with ambulance billing and related services. 2. SCOPE OF SERVICES. The CONTRACTOR shall perform and carry out the work as defined in"EXHIBIT A — Scope of Work", which is attached hereto. All payments shall be paid directly to CITY OF MIRAMAR or via Locked-Box facility as directed by the CITY. 3. TIME OF PERFORMANCE. This Agreement shall be effective for a two-year period from July 1. 2007 through May 31, 2009, under the terms and conditions contained herein unless otherwise terminated. This AGREEMENT shall renew automatically for a period of three additional years at the end of the initial term and any subsequent renewal term unless the AGREEMENT is terminated in accordance with section 012. TERMINATION". All terms and conditions hereof shall remain in full force and effect during any renewal term. 4. COMPENSATION AND METHOD OF PAYMENT. 4.01 The CITY reserves the right to request changes in the services within the general scope of the Agreement to be performed upon mutual agreement by the CITY and CONTRACTOR that shall specify the change ordered and the adjustment of time and compensation required therefore. 4.02 Any services added to the scope of this Agreement by a change order shall be executed in compliance with all other applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized unless contained in the duly executed change order. Page 1 of 12 4.03 The CONTRACTOR shall be paid by the CITY a monthly amount representing fees for the services provided computed as: 4.03(a) Six and fifty one-hundredths percent (6.50%) of all monies collected by CONTRACTOR, excluding amounts collected from Florida Medicaid, plus 4.03(b) Ten dollars and fifty-six cents ($10.56) per Florida Medicaid account, whether or not such account is ultimately paid by Florida Medicaid. 4.03 (c) an amount of seventy-five cents $0.75 per NPP Notice for providing billed patient required HIPAA-compliant Privacy Notice per Scope of Work(Exhibit A-OPTIONAL) 4.03(d)A fee to be negotiated and added as a written addendum to this AGREEMENT upon the mutual agreement of both CITY and CONTRACTOR for the processing and collections of accounts billed on the City's behalf prior to the starting date for CONTRACTOR(i.e. aged Accounts Receivables). Contractor reserves the right to increase these fees if postage is increased by the United States Postal Service, but only to cover additional postage costs. 4.04 CONTRACTOR shall submit the monthly invoices representing fees for the services provided to the City of Miramar, ATTN: Accounts Payable, 2300 Civic Center Place, Miramar, FL 33025. All invoices shall reference the appropriate contract number. The CITY shall issue a check for the amount invoiced less any disputed amounts, within forty-five (45)days of receipt and acceptance of an accurate invoice. CITY's obligations hereunder are absolute and unconditional and not subject to set-off, delay, counterclaim, termination or performance. Contractor will resolve any disputed amounts within 60 days from the date CITY gives notification of a dispute. 4.05 The CITY shall bear the cost of any and all Lock-box services. CITY, should they elect to participate in any credit card acceptance program, agrees to assume and be responsible for all costs associated with such program. All other costs incurred by CONTRACTOR in the performance of services as specified herein (including, but not limited to postage, materials, communications and phone costs and other operating costs) shall be assumed by the CONTRACTOR. S. REPORTS. The CONTRACTOR shall provide the CITY with status reports as set forth in Exhibit A and other reports as mutually agreed. The CONTRACTOR shall also provide changes to such reports and ad hoc report requests on a reasonable basis and as mutually agreed. CONTRACTOR reserves the right to charge an additional fee for any programming cost associated with ad hoc reports that would require more than a reasonable amount of time to accomplish so long as the CITY is advised in writing of the potential charges prior to preparation of the ad hoc report. 6. DATA TO BE FURNISHED BY CITY. The CITY will make available to the CONTRACTOR, for use In performance of services under this Agreement, all available reports, studies or any other materials in its possession that may be useful to the CONTRACTOR. All material furnished by the CITY will not be disclosed to any party, other than as required under the scope of the Agreement, without the CITY's prior written approval. Page 2 of 12 7. INDEPENDENT CONTRACTORS. The CONTRACTOR is an independent contractor and not an employee or agent of the CITY with the following exception: To the extent necessary to fulfill its billing and collection efforts under the Agreement, the CONTRACTOR is authorized to sign in an administrative capacity for the CITY the following types of standard fors and correspondences only: probate filings; letters to patients or their representatives verifying that an account is paid in full; fors verifying the tax-exempt status of the CITY; and insurance filings and related forms. The CONTRACTOR has no authority to sign any document that imposes any additional liability on the CITY. The CONTRACTOR shall retain full control over the employment, direction, compensation and discharge of all persons assisting in the performance of service by CONTRACTOR. The CONTRACTOR shall be fully responsible for all matters relating to payment of employees, including compliance with Social Security, withholding tax and all other laws and regulations governing such matters. The CONTRACTOR shall be responsible for its own acts and those of its agents and employees performed pursuant to this Agreement, whether performed prior to, during or subsequent to the ter of this Agreement. 8. INDEMNIFICATION. The CONTRACTOR shall indemnify, defend and hold harmless the CITY, its elected and appointed officials, employees and agents for any and all suits, actions, legal or administrative proceedings, claims, damage, liabilities, interest, attorney's fees, costs of any kind,whether arising prior to the start of activities or following the completion or acceptance, and in any manner directly or indirectly caused, occasioned or contributed to, in whole or in part, by reason of any act, error or omission, fault or negligence, whether active or passive, by the CONTRACTOR, or anyone acting under its direction, control, or on its behalf in connection with or incident to its performance of this Agreement.. 9. INSURANCE. CONTRACTOR shall procure and maintain for the duration of the Agreement, the following insurance coverage: 1) Workers' Compensation Insurance in compliance with the applicable state and federal laws 2) General Liability insurance in an amount no less than $1,000,000 per occurrence. 3) Coverage for business interruption, destruction of data processing equipment and media, liabilities affecting accounts receivable, contracts and independent contractors and, valuable documents in an amount no less than $100,000 aggregate; 4) Liability coverage for all vehicles whether owned, hired or used in the amount of $500,000; and 5) Professional Liability-$1,000,000 The policies are to contain, or be endorsed to contain, the following provisions: a. General Liability and Automobile Liability Coverage (CITY is to be named as Additional Insured). 1. The CITY, its officers, officials, employees and volunteers are to be covered as additional insured as respects; liability arising out of activities performed by or on behalf of the Contractor, including the insured general supervision of the Contractor, products and completed operations of the Contractor, premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations Page 3 of 12 on the scope of protections afforded the CITY, its officers, officials, employees or volunteers. 2. The Contractors insurance coverage shall be primary insurance as respects the CITY, it officers, officials, employees and volunteers. Any insurance of self- insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the Contractors insurance and shall not contribute with it. Contractor hereby waives subrogation rights for loss or damage against the CITY. 3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. 4. The Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurers liability. 5. Companies issuing the insurance policy, or policies, shall have no recourse against the CITY for payment of premiums or assessments for any deductibles with are all at the sole responsibility and risk of Contractor. b. All Coverage Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the CITY. Contractor shall furnish the CITY with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for eack_ insurance policy are to be signed by a person authorized by that insurer to bind coverage on its. behalf. All certificates and endorsements are to be received and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies at any time. All policies (except professional liability) shall be Occurrence not Claims Made forms. All insurance companies provided shall be rated at least A VII per Best's Key Rating Guide and be licensed to do business in Florida. 10. OWNERSHIP OF DOCUMENTS. CONTRACTOR shall be required to work in harmony with other consultants relative to providing information requested in a timely manner and in the specified form. The CONTRACTOR agrees that any and all documents, records, disks, and electronic data produced in the performance of this Agreement shall be the sole property of the CITY, including all rights therein of whatever kind except as may otherwise be provided hereinafter. 11. ATTACHMENTS. The following named attachments are made an integral part of this Agreement: A. Scope of Work(Exhibit A attached hereto and made a part hereof) B. Business Associate Agreement(Exhibit B attached hereto and made a part hereof) 12. TERMINATION. In the event the CONTRACTOR violates any of the provisions of this Agreement, the City may serve written notice upon the CONTRACTOR of the immediate termination of this Agreement. The CITY may terminate this Agreement without cause effective thirty(30)days from date of written notice. Page 4 of 12 For cases of default, the CONTRACTOR shall be given opportunity to cure the default within the allotted period following such written notice. In the event the acts constituting default are a violation of law, CONTRACTOR shall be subject to immediate termination of Agreement. Upon termination with or without cause, the CONTRACTOR shall submit an invoice(s) to the CITY in an amounts) representing fees for services actually performed or obligations incurred to the date of effective termination for which the CONTRACTOR has not been previously compensated. Upon payment of all sums found due, the CITY shall be under no further obligation to the CONTRACTOR, financial or otherwise. In addition, all records and reports of the CONTRACTOR related to the CITI"s patient billing records are the property of the CITY, and the CONTRACTOR shall send said records and reports to the CITY within thirty (30) days of termination of this Agreement. For purposes of this section, the notice period begins when the CONTRACTOR receives written notice from the CITY. 13. UNCONTROLLABLE FORCES. 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 non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, terrorism and governmental actions. Neither party shall, however, be excused from performance if non-performance is due to forces that are preventable, removable, or remediable nor which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing 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. 14. JURISDICTION, VENUE and CHOICE OF LAW. All questions pertaining to the validity and interpretations of this Agreement shall be determined in accordance with the laws of the State of Florida. CONTRACTOR and CITY agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder, shall be in the state courts of the Seventeenth Judicial Circuit Court in Broward County, Florida. 15. ASSIGNMENT OF AGREEMENT. Except to a parent, subsidiary, or affiliate, the CONTRACTOR shall not sell, transfer, assign or otherwise dispose of this Agreement or any part thereof or work provided therein, or of its right, title or interest therein, unless otherwise provided in the Agreement,without express prior written consent by the CITY. Page 5 of 12 16. NOTICES. All notices pertaining to this Agreement shall be delivered or mailed to such party at their respective address as follows: To the CITY: City of Miramar ATTN: Procurement Manager 2300 Civic Center Place Miramar, Fl. 33025 Phone: (954)602-3053 Fax: (954)602-3483 With a COPY to: Jamie Alan Cole, Esq. Weiss Serota Helfman Pastoriza Cole & Boniske, P. L. 200 East Broward Boulevard, Suite 1900 Ft. Lauderdale, Florida 33301 Phone: (954)763-4242 Fax: (954) 764-7770 To the CONTRACTOR: Brad Williams Vice President, Finance Advanced Data Processing, Inc. 6451 North Federal Highway, Suite 1002 Fort Lauderdale, Florida 33308 17. REPESENTATION AND WARRANTY. CONTRACTOR represents that they have experience and agrees to follow all Federal, State and Local Laws including, but not limited to, Public Records Laws and those laws and statutes applicable to discrimination. 18. SEVERABILITY. Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of Florida, the validity of the remaining portions or provisions shall not be affected thereby. 19. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties. The CONTRACTOR represents that in entering into this Agreement it has not relied on any previous oral and/or implied representations, inducements or understandings of any kind or nature. 20. REQUEST FOR PROPOSALS. CONTRACTOR and CITY acknowledge that this Agreement is the result of the CITY s Request for Proposals ("RFP') # 07-12-03, as amended by Addendum Numbers 1-5. RFP#07-12-03, as amended by Addendum Numbers 1-5, and the CONTRACTOR's proposal submitted in response thereto are incorporated herein in their entirety. In the event of a conflict between the terms and conditions contained in this Agreement and the terms and conditions contained in RFP #07-12-03 or the CONTRACTOR's proposal submitted in response thereto, the terms and conditions that are more favorable to the CITY shall prevail. (Signature page to follow) Page 6 of 12 IN WITNESS OF THE FOREGOING, the CITY has caused this Agreement to be signed by its CITY Manager, attested by the CITY Clerk with the corporate seal of the City of Miramar, and the CONTRACTOR has executed this Agreement effective as of the date set forth above. ATTEST: CIT�jOFiM FLORIDA BY: By. ette M. M&eary, Ci Jerk Robert Payton, City Manager APPR ED AS TO FORM AND b / /o�/�v 7 CORRECTN S: Date: ' Weiss Sero Ifman Pastoriza Cole& Bo e, P.L., City Attorney CONTRACTOR Advanced Data Processing,Inc. A Delaware Corporation .444,4�'/ /tlLa'q BRAD WILLIAMS, (CORPORATE SEAL) VICE PRESIDENT AND SECRETARY STATE OF FLORIDA BROWARD COUNTY BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Brad Williams, as Vice President and Secretary of Advanced Data Processing, Inc., a Delaware corporation, and acknowledged execution of the foregoing Agreement for the use and purposes mentioned in it and that the instrument is the act and deed of the Contractor. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on_ MA y 31 p /2007. Notary Public, State of Florida My Commission expires: M r NEI Wmadft r:SYbaEROU- s�DD�tratlrdBy►pbiwtklh,A�, Page 7 of 12 Exhibit A: Scope of Services Contractor shall provide complete medical billing and accounts receivable management services for CITY's ambulance services in accordance with the responsibilities outlined below. Contractor's Responsibilities: Contractor will provide timely and accurate billing services for emergency medical treatment and transport services utilizing information provided by CITY and information obtained from other reliable sources including: All services will be provided as stated in the Proposal for Billing and Collection Services for Ambulance Services submitted to the CITY on February 23, 2007. The following is a summary of these responsibilities: 1. Provide billing and accounts receivable management services to CITY as required on a case-by-case basis. 2. Ensure that all required documentation and agreements with payors (e.g. Medicare, Medicaid, Champus, etc.)are filed and maintained and that the CITY is kept apprised of important changes to industry regulations. 3. Ensure knowledge of different industry insurance plans and will ensure that every billable claim is pursued. 4. Provide reasonably necessary training periodically, as requested by CITY, to CITY's Emergency Medical personnel regarding the gathering of the necessary information and proper completion of run tickets. 5. Provide prompt submission of Medicare, Medicaid and insurance claims after receiving completed run ticket and corresponding insurance claim information. Secondary insurance provider claims shall be submitted after the primary insurance provider has paid. 6. Provide follow-up on rejected and inactive claims. 7. Utilize most up-to-late knowledge and information with regard to coding requirements and standards, to ensure compliance with applicable Federal, State and local regulations. 8. Reconcile the number of transports processed with those received 9. Provide a designated liaison for patient1payor concerns. 10. Provide all customer-related inquiry services and prepare additional third-party claims or patient payment arrangements based on this information exchange. 11. Provide a toll free telephone number for patients to be answered as designated by the CITY. 12. Facilitate proper security of confidential Information and proper shredding of all disposed materials containing such information. Page 8 of 12 13. Establish arrangements with hospitals to obtainiverify patient insurance and contact information. 14. Respond to any CITY or patient inquiry or questions promptly 15. Maintain appropriate accounting procedures for reconciling all deposits, receivables, billings, patient accounts, adjustments and refunds. 16. Provide access to CITY for all requested information in order for CITY to perform appropriate and periodic audits. Reasonable notice will be given to CONTRACTOR for any planned audit and will be conducted during normal business hours of CONTRACTOR 17. Provide timely comprehensive reports facilitating all required aspects of monitoring, evaluating, auditing and managing the services provided. Process refund requests and provide the CITY with documentation substantiating each refund requested. 18. Provide CITY all unpaid invoices along with the complete processing history once collection efforts are exhausted. Speck Scope Compliance The CONTRACTOR will provide the specific services: 1. Assign billing patient numbers providing cross-reference to the CITY'S assigned transport numbers. 2. Maintain responsibility for obtaining missing or incomplete insurance information. 3. Provide accurate coding of medical claims. 4. Make recommendations for fee schedule changes and regularly advise on changes in statutes and industry regulations. 5. Respond to all patients'requests and inquiries,either written or verbal. 6. Negotiate and arrange modified payment schedules for individuals unable to pay full amount when billed. 7. Retain all accounts for a minimum of twelve (12) months (unless otherwise specified by mutual agreement) and after(12) months turn over accounts for which no collection has been made(unless insurance payment is pending). 8. Provide for facilities to permit real-time read only electronic look-up access by CITY to CONTRACTOR'S system to obtain patient data and billing information. 9. Maintain records in an electronic format that is readily accessible by the CITY personnel and that meets all federal and state requirements for maintaining patient medical records. 10. Maintain daily deposit control sheets and original documentation 11. Create, Implement and comply with a Compliance Plan consistent with the intent and activities Included in the U.S. Office of Inspector General (OIG) Compliance Program Guidance for Third Party Medical Billing Companies 63 FR 70138;(December 18, 1998). Page 9 of 12 CITY's Responsibilities. 1. CITY will provide Contractor with patient encounter information on a timely basis and in sufficient detail to support diagnosis and procedure coding. CITY will also provide patient demographic information necessary for accurate patient identification including name, address, social security number, date of birth, and telephone number. Where possible, CITY will obtain and provide contractor with patient health insurance, auto insurance, or other insurance information. 2. CITY will provide Contractor with necessary documents required by third parties to allow for the electronic filing of claims by Contractor on CITY's behalf. 3. CITY will provide Contractor with its approved billing policies and procedures including fee schedules and collection protocols. CITY will be responsible for engaging any third party collection service for uncoliectible accounts after Contract has exhausted its collection efforts. 4. CITY will timely process refunds identified by Contractor for account overpayments. 5. CITY will provide a Lock Box address to Contractor and will instruct Lock Box to forward all Lock Box documents to Contractor for processing. 6. CITY will provide CONTRACTOR with Daily Bank Balance Reporting capabilities via the bank's designated web site. 7. CITY will cooperate with Contractor in all matters to ensure proper compliance with laws and regulations. Page 10 of 12 Exhibit B Business Associate Addendum CONTRACTOR the"Business Associate" and CITY hereby add the following additional language to the Agreement. 1. CONTRACTOR shall carry out its obligations under this Addendum in compliance with the privacy regulations pursuant to Public Law 104-191 of August 21, 1996, known as the Health Insurance Portability and Accountability Act of 1996, Subtitle F—Administrative Simplification, Sections 261, et seq., as amended ("HIPAA"),to protect the privacy of any personally identifiable protected health information ("PHI")that is collected, processed or learned as a result of the Billing Services provided hereunder. In conformity therewith, CONTRACTOR agrees that it will: a. Not use or further disclose PHI except as permitted under this Addendum or required by law; b. Use appropriate safeguards to prevent use or disclosure of PHI except as permitted by this Addendum; c. To mitigate, to the extent practicable, any harmful effect that is known to CONTRACTOR of a use or disclosure of PHI by CONTRACTOR in violation of this Addendum. d. Report to CITY any use or disclosure of PHI not provided for by this Addendum of which CONTRACTOR becomes aware; e. Ensure that any agents or subcontractors to whom CONTRACTOR provides PHI, or who have access to PHI, agree to the same restrictions and conditions that apply to CONTRACTOR with respect to such PHI; f. Make PHI available to CITY and to the individual who has a right of access as required under HIPAA within 30 days of the request by CITY regarding the individual; g. Incorporate any amendments to PHI when notified to do so by CITY; h. Provide an accounting of all uses or disclosures of PHI made by CONTRACTOR as required under the HIPAA privacy rule within sixty(60)days; 1. Make their internal practices, books and records relating to the use and disclosure of PHI available to the Secretary of the Department of Health and Human Services for purposes of determining CONTRACTOR's and CITY's compliance with HIPAA; and j. At the termination of the Agreement, return or destroy all PHI received from, or created or received by CONTRACTOR on behalf of CITY, and if return is not feasible, the protections of this Addendum will extend to such PHI. Page 11 of 12 2. The specific uses and disclosures of PHI that may be made by CONTRACTOR on behalf of CITY include: a. The preparation of invoices to patients, carriers, insurers and others responsible for payment or reimbursement of the services provided by CITY to its patients; b. Preparation of reminder notices and documents pertaining to collections of overdue accounts; c. The submission of supporting documentation to carriers, insurers and other payers to substantiate the health care services provided by CITY to its patients or to appeal denials of payment for same. d. Uses required for the proper management of CONTRACTOR as business associate. e. Other uses or disclosures of PHI as permitted by the HIPAA privacy rule. 3. Notwithstanding any other provisions of this Agreement or Addendum, the Agreement may be terminated by CITY if CONTRACTOR has violated a term or provision of this Addendum pertaining to CONTRACTOR's material obligations under the HIPAA privacy rule, or If CONTRACTOR engages in conduct which would, if committed by CITY, result in a violation of the HIPAA privacy rule by CITY. Page 12 of 12 REQUEST FOR PROPOSALS EMERGENCY MEDICAL TRANSPORT BILLING AND COLLECTION SERVICES RFP #07-12-03 ri• y �V� m k J Y + {t BEAUTY AND PROGRE S EST 19 11 The City of Miramar Commission: Mayor Lori Cohen Moseley Vice Mayor Troy R. Samuels Commissioner Winston F. Barnes Commissioner Marjorie J. Conlan Commissioner John L. Moore Robert Payton, City Manager The City of Miramar 2300 Civic Center Place Miramar, FL 33025 DATE ISSUED: MONDAY, DECEMBER 18T", 2006 CLOSING DATE: TUESDAY, JANUARY 16T", 2007, AT 2:00 PM TABLE OF CONTENTS CONTENTS: PAGE # INSTRUCTIONS FOR MAILING A PROPOSAL IN RESPONSE TO A FORMAL REQUEST FOR PROPOSAL 1 SECTION 1 GENERAL TERMS AND CONDITIONS 3 1-1 DEFINITIONS 3 1-2 AVAILABILITY OF REQUEST FOR PROPOSAL 4 1-3 CONE OF SILENCE 4 1-4 CONTENTS OF SOLICITATION 4 1-5 PREPARATION AND SUBMISSION OF A PROPOSAL 6 1-6 MODIFICATION OR WITHDRAWAL OF A PROPOSAL 10 1-7 LATE PROPOSALS, LATE MODIFICATIONS, AND LATE WITHDRAWALS 10 1-8 SOLICITATION POSTPONEMENT OR CANCELLATION 10 1-9 COSTS OF PROPOSALS 11 1-10 ORAL PRESENTATIONS 11 1-11 EXCEPTIONS TO THE SOLICITATION 11 1-12 PROPRIETARY/CONFIDENTIAL INFORMATION 11 1-13 EVALUATION OF PROPOSALS 12 1-14 NEGOTIATIONS 13 1-15 AWARD OF A CONTRACT 14 1-16 RIGHT OF APPEAL 16 1-17 PROPOSER AND RESULTING CONTRACTOR OBLIGATIONS 16 TABLE OF CONTENTS (CONTINUED) CONTENTS: PAGE # 1-18 REQUIRED LISTING OF SUBCONTRACTORS AND SUPPLIERS 16 SECTION 2 SPECIFIC TERMS AND CONDITIONS 18 2-1 PURPOSE: TO ESTABLISH A CONTRACT FOR EMERGENCY MEDICAL TRANSPORT BILLING AND COLLECTION SERVICES 18 2-2 SOLICITATION TIMETABLE 18 2-3 TERM OF CONTRACT: FOR AN INITIAL TERM OF TWO (2) YEARS WITH THREE (3) OPTIONAL ONE (1) YEAR PERIODS 18 2-4 METHOD OF AWARD: TO THE HIGHEST EVALUATION SCORING, RESPONSIVE, RESPONSIBLE PROPOSER 19 2-5 METHOD OF PAYMENT: PERIODIC INVOICES FOR SERVICES RENDERED 19 2-6 INSURANCE 19 2-7 CONTENTS OF PROPOSAL 21 2-8 EVALUATION CRITERIA 27 2-9 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS 28 2-10 ACCEPTANCE OF SERVICES BY THE CITY 28 2-11 DEFICIENCIES IN WORK TO BE CORRECTED BY THE SUCCESSFUL PROPOSER 28 2-12 LABOR AND COMPUTER EQUIPMENT SHALL BE SUPPLIED BY THE SUCCESSFUL PROPOSER 28 2-13 MINIMUM WAGE BASED ON FEDERAL LAW 29 2-14 NOTIFICATION TO BEGIN WORK SHALL BE GIVEN THROUGH A PURCHASE ORDER 29 ii TABLE OF CONTENTS (CONTINUED) CONTENTS: PAGE # 2-15 EMPLOYEES AND CONTRACTORS 29 2-16 GOVERNMENT WIDE 30 2-17 POINT OF CONTACT 30 SECTION 3 STATEMENT OF WORK 30 3-1 STATEMENT OF WORK 30 SECTION 4 SAMPLE AGREEMENT 35 4-1 SAMPLE AGREEMENT 35 SECTION 5 PROPOSAL COVER PAGE 50 SECTION 6 PRICE PROPOSAL 51 SECTION 7 ADDENDA ACKNOWLEDGEMENT FORM 52 SECTION 8 PROPOSER INFORMATION FORM 53 SECTION 9 PROPOSER'S DISCLOSURE OF SUBCONTRACTORS, SUBCONSULTANTS. AND SUPPLIERS 56 SECTION 10 DRUG-FREE WORKPLACE AFFIDAVIT 58 SECTION 11 ANTI-KICKBACK AFFIDAVIT 60 SECTION 12 NON-COLLUSIVE AFFIDAVIT 61 SECTION 13 NON-DISCRIMINATION AFFIDAVIT 64 SECTION 14 BUSINESS/VENDOR PROFILE SURVEY 65 SECTION 15 REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION 66 iii INSTRUCTIONS FOR MAILING A PROPOSAL IN RESPONSE TO A FORMAL REQUEST FOR PROPOSALS Each Proposal submitted to The City of Miramar (hereinafter the "City') will have the following information clearly marked on the face of the envelope: a) Proposer's name and return address: b) Solicitation number; c) The Solicitation Due Date & Time; and d) Title of the Solicitation. Failure to include this information may result in your Proposal being deemed "Non-Responsive" if the City determines that the Proposal resulted in prejudice to other Proposers. The Proposers shall have no grounds to protest, should such Proposals that have failed to include the information described above, be opened in error. All Proposals must be submitted on 8 1/2" by 11" paper, neatly typed on one side only, with normal margins and spacing. The original document package must not be bound, although, the document package copies should be individually bound. An unbound one-sided original and six (6) bound copies (a total of seven [7]) of the complete Proposal must be received by the deadline for receipt of Proposals specified in the Solicitation Timetable. The original, and all copies, must be submitted in a sealed envelope (preferably the one provide by the City) or container stating on the outside the Proposer's name, address, telephone number, the Solicitation number, the Solicitation title, and the Solicitation Due Date & Time. to: OFFICE OF THE CITY CLERK THE CITY OF MIRAMAR 2300 CIVIC CENTER PLACE MIRAMAR, FL 33025 Proposals submitted at the same time for different Request For Proposals shall be placed in separate envelopes and each envelope shall contain the information previously stated. Failure to comply with this requirement shall result in any such incorrectly packaged Proposals not being considered. 1 THE RESPONSIBILITY FOR OBTAINING AND SUBMITTING A PROPOSAL TO THE OFFICE OF THE CITY CLERK ON OR BEFORE THE STATED DATE AND TIME OF: TUESDAY, JANUARY 16TH, 2007 AT 2:00 PM IS SOLELY AND STRICTLY THE RESPONSIBILITY OF THE PROPOSER. THE CITY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ANY MAIL, PACKAGE OR COURIER SERVICE, INCLUDING THE U.S. MAIL, OR CAUSED BY ANY OTHER OCCURRENCE. ANY PROPOSAL RECEIVED AFTER THE DATE AND TIME STATED IN THE SOLICITATION TIMETABLE IN THIS REQUEST FOR PROPOSALS WILL NOT BE OPENED AND WILL NOT BE CONSIDERED. TELEGRAPHIC OR FACSIMILE PROPOSALS SHALL NOT BE CONSIDERED. Hand-carried Proposals may be delivered to the above address during the City's regular business hours, Mondays through Fridays, excluding holidays observed by the City, but not beyond the Due Date and Time. Proposers are responsible for informing any commercial delivery service, if used, of all delivery requirements and for ensuring that the required information appears on the outer wrapper or envelope used by such service. The Proposal must be signed by an authorized officer of the Proposer who is legally authorized to enter into a contractual relationship in the name of the Proposer. The submittal of a Proposal by a Proposer will be considered by the City as constituting an offer by the Proposer to perform the required services, and/or provide the required goods, at the price stated by the Proposer. 2 SECTION 1 GENERAL TERMS AND CONDITIONS 1-1 DEFINITIONS The term "Chief Procurement Officer" shall refer to the manager of the City's Procurement Division. The term "City" shall refer to The City of Miramar, Florida, or its City Commission, as applicable. The term "Contract" shall refer to the Contract that may result from this Request For Proposals. The terms "Due Date and Time" shall refer to the due date and time listed in the Solicitation Timetable in Section 2 of this Solicitation. The terms "Goods" shall refer to all materials and commodities that will be required to be provided by the Successful Proposer in accordance with the Scope of Work. and the Terms and Conditions of this Solicitation. The term "Procurement Division" shall refer to the Procurement Division of the City of Miramar. The term "Proposal" shall refer to any offer(s) submitted in response to this Request For Proposals. The terms "Proposer" shall refer to anyone submitting a Proposal in response to this Request For Proposals. The terms "Provider", or "Successful Proposer" shall refer to the Proposer receiving an award as a result of this Request For Proposals. The terms "Request For Proposals", "RFO". or "Solicitation" shall mean this Request For Proposals including all Exhibits and Attachments as approved by the City, and amendments or change orders issued by the Procurement Division. The term "SubContractor" & "SubConsultant" shall refer to any person, firm.. entity, or organization, other than the employees of the Successful Proposer, who contract with the Successful Proposer to furnish labor, or labor and materials, in connection with the Work or Services to the City, whether directly or indirectly, on behalf of the Successful Proposer. 3 The terms "Work", "Services".. "Program", "Project", or "Engagement' shall refer to all matters and things that will be required to be done by the Successful Proposer in accordance with the Scope of Work, and the Terms and Conditions of this Solicitation. 1-2 AVAILABILITY OF REQUEST FOR PROPOSALS Copies of this Solicitation package may be obtained from DemandStar at www.demandstar.com or by calling 1 (800) 711-1712. DemandStar distributes the City's Solicitations through electronic download, by facsimile, or through the United States Postal Service (USPS). Proposers are not required to register with DemandStar to receive a copy of any City Solicitation. Registration with DemandStar.Com is optional, at the sole discretion of the Proposer. DemandStar does not charge a fee for registering for the City of Miramar only. Proposers choosing to register with DemandStar may do so on-line at www.demandStar.com or by requesting a faxed registration form from (800) 711-1712. Note: If you are already registered with DemandStar for Miramar or Broward County, you do NOT need to register again. To request the Solicitation package, your request should include the following information: the Solicitation number and title, the name of the potential Proposer's contact person, the potential Proposer's name, complete address to be mailed to, telephone number, and fax number. Proposers who obtain copies of this Solicitation from sources other than DemandStar or the City's Procurement Division risk the potential of not receiving amendments, since their names will not be included on the list of firms participating in the process for this particular Solicitation. Such Proposers are solely responsible for those risks. 1-3 CONE OF SILENCE Proposers are hereby notified that this Solicitation is subject to a "Cone of Silence." From the time of advertising, and until the City Commissioners approve an award, there is a prohibition on communication by Proposers (or anyone on their behalf) with the City's professional staff. This does not apply to oral communications at Pre- Proposal conferences, oral presentations before evaluation committees, contract negotiations, public presentations made to the City Commissioners during any duly noticed public meeting, or communications in writing at any time with any City employee, official, or member of the City Commission, of matters not concerning this Solicitation. 4 Any questions, explanations, or other requests desired by Proposer(s) regarding the Solicitation must be requested in writing to the City's Procurement Division (see below). Among other penalties, violation of these provisions by any particular Proposer shall render their Proposal to be deemed non-responsive, and any award to Proposer voidable. The address and telephone numbers for the City's Procurement Division is: Procurement Division The City of Miramar 2300 Civic Center Place Miramar, FL 33025 (954) 602-3053 Fax: (954) 602-3483 1-4 CONTENTS OF SOLICITATION a) General Conditions. 1) It is the sole responsibility of the Proposer to become thoroughly familiar with the Solicitation requirements and all terms and conditions affecting the performance of this Solicitation. Pleas of ignorance by the Proposer of conditions that exist, or that may exist, will not be accepted as a basis for varying the requirements of the City or the compensation to be paid to the Provider. 2) The Proposer is advised that this Solicitation is subject to all legal requirements and all other applicable City and County Ordinances and/or State and Federal Statutes, Rules, or Regulations. b) Additional Information/Amendment 1) Requests for additional information, explanation, clarification or interpretation must be made in writing to the Procurement Division at the address identified above. A request must be received by the Procurement Division no later than seven (7) working days prior to the Solicitation Due Date & Time. Any request received after that time may not be reviewed for inclusion in this Solicitation. The request shall contain the requester's name, address, and telephone number. 2) The Procurement Division will issue a response to any inquiry if it deems it necessary, by written amendment to the Solicitation, issued prior to the Solicitation Due Date & Time. The Proposer shall not rely on any representation, statement or explanation other than those 5 made in this Solicitation document or in any amendments issued. Where there appears to be a conflict between this Solicitation and any amendment issued. the last amendment issued will prevail. 3) It is the Proposer's responsibility to ensure receipt of all amendments and substitute Proposal Forms. It is the Proposer's further responsibility to verify with the Procurement Division. prior to submitting a Proposal, that all amendments have been received. The Proposer shall submit the Proposal form entitled "AMENDMENT ACKNOWLEDGMENT FORM", with their Proposal. c) Conflicts in this Solicitation. Where there appears to be a conflict between the General Terms and Conditions, the Special Conditions, the Specifications or Statement of Work, the Sample Contract, or any amendment issued, the order of precedence shall be: the last amendment issued, the Specifications or Statement of Work, the Special Conditions, and then the General Terms and Conditions. Where there appears to be a conflict of the Due Date and Time listed anywhere in this Solicitation, it is the sole responsibility of the potential Proposer to verify the Due Date and time by call the City's Procurement Office at (954) 602-3053. 1-5 PREPARATION AND SUBMISSION OF A PROPOSAL a) Preparation/Submission. 1) The Proposal Forms shall be used when submitting a Proposal. Use of any other forms shall result in the Proposer's Proposal being deemed 'Non-Responsive." 2) The Proposal will either be typed or completed legibly in ink. The Proposer's authorized agent will sign the Proposal Forms in ink, and all corrections made by the Proposer shall be initialed in ink by the authorized agent. The use of pencil or erasable ink or failure to comply with any of the foregoing may result in the rejection of the Proposal. Upon request, the City will provide a tax exemption certificate, if applicable. Any special tax requirements will be specified either in the Special Conditions or in the Specifications. 6 I 3) Any telegraphic or facsimile Proposal shall not be considered. 4) The apparent silence of the specifications and any amendment regarding any details or the omission from the specifications of a detailed description concerning any materials or services requested, shall be regarded as meaning that only the best commercial practices are to prevail, and that only materials and workmanship of first quality are to be used. All interpretations of the specifications shall be made upon the basis of this Solicitation. b) Vendor Registration is not required. The City utilizes DemandStar for their vendor registration and vendor database system. Registration with DemandStar is not required to submit a Proposal. The City does not require the Proposer to complete a registration application with the DemandStar to be recommended for the award of any Contract. Registration with DemandStar is optional, at the sole discretion of the Proposer. Proposers may register on-line at www.DemandStar.com or by requesting a faxed registration form by calling (800) 711-1712. Note: If you are already registered with DemandStar for either Miramar or Broward County, you do NOT need to register again. c) Criminal Conviction Disclosure. Any individual who has been convicted of a felony during the past ten (10) years and any corporation, partnership, joint venture or other legal entity having an officer, director, or executive who has been convicted of a felony during the past ten (10) years shall disclose this information prior to entering into a Contract with or receiving funding from the City. Forms are available from Procurement Division. d) Sworn Statement on Public Entity Crimes. Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, "Any 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 goods and/or services to a public entity, may not submit a bid on a contract with a public entity for construction or repair of a public building or public work, may not submit a bid on leases of real property to a public entity, may not be awarded or perform work as a contractor or, supplier, or subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO ($25,000.00) for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." 7 e) Preference for Local Bidders. All Public Bids or Proposals for commodities and services are subject to the Preference for Local Bidders as defined in Section 2-258 of the City's Code, unless exempted in that Section. The City grants a preference in the amount of two (2) points or two percent (2%), as appropriate, of the total score or percentile used in tabulating the Proposals, to Local Bidders. f) Drug-free Workplace Preference. All Public Bids or Proposals are subject to the City of Miramar Preference to Businesses with Drug-free Workplace Program as defined in Section 2-260 of the City s Code. The City grants a preference to a business with drug-free workplace program, whenever two (2) or more Proposals are equal with respect to price, quality, and services. The Drug-free Workplace Vendor shall have the burden of demonstrating that its program complies with Section 287.087 of the Florida Statutes, and any other applicable state law. All Proposers shall submit the form entitled "DRUG-FREE WORKPLACE AFFIDAVIT". g) Anti-Kickback Affidavit, All Proposers shall submit the duly signed and notarized form entitled "ANTI-KICKBACK AFFIDAVIT". h) Non-Collusion Declaration. All Proposers shall affirm that they shall not collude, conspire, connive or agree, directly or indirectly, with any other Proposer, firm, or person to submit a collusive or sham Proposal in connection with the Work for which their Proposal has been submitted; or to refrain from offering in connection with such work; or have in any manner, directly or indirectly, sought by person to fix the price or prices in the Proposal or of any other Proposer, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Proposer. or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against any other Proposer, or any person interested in the proposed work. All Proposers shall submit the duly signed form entitled 'NON-COLLUSION DECLARATION". i) Non-Discrimination Affidavit, All Proposers shall affirm that their organization shall not discriminate against any person in its operations, activities or delivery of services. Proposers shall also affirmatively comply with all applicable provisions of federal, state and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, age, religion, color, 8 gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for service delivery. All Proposers shall submit the duly signed and notarized form entitled "NON-DISCRIMINATION AFFIDAVIT". j) Business/Vendor Profile Survey. All Proposers shall provide the City with the information requested in the Business/Vendor Profile Survey prior to being recommended for award of any Contract resulting from this Solicitation. k) Request for Taxpayer Identification Number and Certification. All Proposers shall provide the City with their Taxpayer Identification Number prior to being recommended for award of any Contract resulting from this Solicitation. I) Antitrust Laws. By submission of a signed Proposal, the Successful Proposer acknowledges compliance with all antitrust laws of the United States and the State of Florida, in order to protect the public from restraint of trade, which illegally increases prices. m) Conflicts of Interest. The award of the Contract hereunder is subject to the provisions of Chapter 112, of Florida Statutes. Proposers shall disclose the name of any Officer, Director, Partner. Associate. or Agent who is also an Officer, Appointee. or Employee of the City at the time of the Proposal, or at the time of occurrence of the Conflict of Interest thereafter. n) Collection of Fees, and Taxes By acceptance of a Contract, the Successful Proposer acknowledges compliance with the requirement that all delinquent and currently due fees, and taxes have been paid. The City may require verification and satisfaction of all delinquencies and currently due fees, and taxes prior to recommending a Proposer for the award of any Contract. 9 1-6 MODIFICATION OR WITHDRAWAL OF A PROPOSAL a) Modification of a Proposal. Any modification of a Proposal by the Proposer shall be submitted to the Office of the City Clerk prior to the Solicitation Due Date & Time. The Proposer shall submit the new Proposal and a letter, on company letterhead, signed by an authorized agent of the Proposer stating that the new submittal supersedes the previously submitted Proposal. The sealed envelope shall contain the same information as required for submitting the original Proposal. In addition the envelope shall be marked with a statement that this Proposal replaces the previously submitted Proposal. No modifications of a Proposal shall be accepted after the Solicitation Due Date & Time. b) Withdrawal of a Proposal. A Proposal may be withdrawn only by written communication delivered to the Office of the City Clerk prior to the Solicitation Due Date & Time. A Proposal may also be withdrawn after one-hundred and eighty (180) calendar days after the Solicitation Due Date & Time, provided that it is withdrawn prior to the recommendation for award, by submitting a letter to the Office of the City Clerk at the address identified in this Solicitation. The withdrawal letter must be on company letterhead and signed by an authorized agent of the Proposer. 17 LATE PROPOSALS, LATE MODIFICATIONS, AND LATE WITHDRAWALS Proposals received after the Solicitation Due Date & Time shall not be accepted, opened, or considered. Modifications of Proposals received after the Solicitation Due Date & Time shall also not be accepted or considered Withdrawals of Proposals received after the Solicitation Due Date & Time or prior to the expiration of One- hundred and eighty (180) calendar days after the Solicitation Due Date & Time shall not be accepted or considered. 1-8 SOLICITATION POSTPONEMENT OR CANCELLATION The City may, at its sole and absolute discretion. reject any and all, or parts of any and all Proposals, re-advertise this Solicitation, postpone or cancel, at any time, this Solicitation process, or waive any irregularities in this Solicitation, or in the Proposals received as a result of this Solicitation. 10 1-9 COST OF PROPOSALS All expenses involved with the preparation and submission of Proposals to the City, or any work performed in connection therewith, shall be borne by the Proposer(s). No payment shall be made for any responses received, nor for any other effort required of or made by the Proposer(s) prior to commencement of work as defined by a contract duly approved by the Commissioners of the City. 1-10 ORAL PRESENTATIONS The City may require Proposers to perform an oral presentation in support of their Proposals or to exhibit or otherwise demonstrate the information contained therein. This presentation or demonstration may be performed before the Evaluation/Selection Committee or the Commissioners of the City. If required, the City shall notified Proposals with as much advance notice as possible, prior to the date of such a presentation. 1-11 EXCEPTIONS TO THE SOLICITATION Proposers may take exception to any of the terms of this Solicitation unless the Solicitation specifically states where exceptions may not be taken. All exceptions taken must be specified in the Proposer's cover letter, and shall be referenced by utilizing the corresponding Section, paragraph, and page number in this Solicitation. Where exceptions are taken, the City, in its sole discretion, shall determine whether to consider the exception, and/or the acceptability of the proposed exceptions. The City, after completing the evaluation of the exception, may accept the Proposal with the exception, reject the entire Proposal due to the exception taken, or deem the Proposal non-responsive. PROPOSERS TAKING EXCEPTION ARE SOLELY RESPONSIBLE FOR THIS RISK. The City is under no obligation to accept or consider any exceptions, or accept any Proposal with an exception Proposers are reminded that they may submit one Proposal without exceptions and an alternate Proposal with exceptions. 1-12 PROPRIETARY/CONFIDENTIAL INFORMATION Proposers are hereby notified that all information submitted as part of, or in support of Proposals, will be available for public inspection after opening of the 11 Proposals, in compliance with Chapter 119. Florida Statutes. popularly known as the "Public Records Law". Any person wishing to view the Proposals in person must make an appointment by calling the Procurement Division of the City, at (954) 602-3053. All Proposals submitted in response to this solicitation become the property of the City. Unless the information submitted is proprietary, copywritten, trademarked, or patented, the City reserves the right to utilize any or all information, ideas, conceptions, or portions of any Proposal, in its best interest. Acceptance or rejection of any Proposal shall not nullify the City's rights hereunder 1-13 EVALUATION OF PROPOSALS a) Rejection of Proposal. 1) The City may reject any Proposer's Proposal and award to the next highest scoring evaluated, responsive, responsible Proposer; or The City may reject and re-advertise for all or any part of this Solicitation, whenever it is deemed in the best interest of the City. The City shall be the sole judge of what is in its "best interest." 2) The City may reject any Proposal if the Proposer does not accept, or attempts to modify the terms and conditions of this Solicitation. b) Elimination from Consideration. No Contract shall be awarded to any person or firm that is in default to the City as a result of any debt, taxes, or any other obligation whatsoever. c) Waiver of Informalities. The City reserves the right to waive any informalities or irregularities in this Solicitation. d) Demonstration of Competency 1) A Proposal will only be considered from a firm that is regularly engaged in the business of providing the goods and/or services required by this Solicitation. The Proposer must be able to demonstrate a good record of performance and have sufficient financial resources, equipment and organization to ensure that they can satisfactorily provide 12 the goods and/or services if awarded the Contract as a result of this Solicitation. 2) The City may conduct a pre-award inspection of the Proposer's site or hold a pre-award qualification hearing to determine if the Proposer possesses the requirements) as outlined in the above paragraph, and is capable of performing the requirement of this Solicitation. The City may consider any evidence available regarding the financial, technical or other qualifications and abilities of the Proposer, including past performance (experience) with the City or any other governmental entity in making the award of any Contract. 3) The City may require the Proposer to show evidence that it has been designated as an authorized representative of a manufacturer, supplier and/or distributor if required by this Solicitation. 4) The City reserves the right to audit all records pertaining to and resulting from any award as a result of this Solicitation, financial or otherwise. e) Copy of Abstract of Proposals. The Proposer who desires to receive a copy of the Abstract of Proposals (i.e., Bid Tabulation/Tally Sheet) shall enclose a self addressed/stamped envelope (correct size of envelope and postage is a must depending on the amount of information involved,) plus a fee of $1.00 (check or money order, do not send cash) payable to the City of Miramar, Finance Department for any reproduction costs, when submitting its Proposal. Unless the fee and postage accompany the Proposal or a subsequent request, a copy of the Abstract of Proposals will not be sent. A copy will be made available through www.DemandStar com. A copy may also be requested in person from the Procurement Division, at 2300 Civic Center Place, Miramar, FL, by providing the reproduction and mailing costs of $1 .00 payable to the City of Miramar, Finance Department. Proposal results will not be given out by telephone or facsimile. 1-14 NEGOTIATIONS The City may award a Contract on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the Proposer's best efforts. Pursuant to Paragraph 5(b) of Section 287.055, Florida Statutes, the City, at its sole discretion, reserves the right to enter into Contract negotiations with the highest evaluation scoring, responsive, responsible Proposer. If the City and said Proposer cannot negotiate a successful Contract, the City may terminate said negotiations and 13 begin negotiations with the next highest evaluation scoring. responsive, responsible Proposer. This process will continue until a Contract acceptable to the City has been executed or all Proposals are rejected. No Proposer shall have any rights against the City arising from such negotiations or termination thereof. 1-15 AWARD OF A CONTRACT a) Contract. This Solicitation may contain a sample of the Contract entitled "SAMPLE CONTRACT'. After award. a Contract similar to that, inclusive of all attachments and any modifications that the City, in its sole discretion may make, will constitute the entire Contract between the parties. No rights shall inure to the benefit of any Proposer pursuant to this Solicitation until the Contract has been executed by both parties thereto. b) Additional Information. The award of a Contract may be preconditioned on the subsequent submission of other documents, as specified in the Special Conditions or Specifications. The Successful Proposer shall be deemed "Non-Responsive" if such documents are not submitted in a timely manner and in the form required by the City. Where the Successful Proposer is deemed "Non-Responsive" as a result of such failure to provide the required documents, the City, may award any Contract to the next highest evaluation scoring, responsive, responsible Proposer. c) Independent Contractor. The Successful Proposer shall be a contractor operating independently from the City. All employees and contractors to the Successful Proposer shall be considered to be, at all times, the sole employees or contractors of the Successful Proposer under its sole discretion and not an employee, Contractor, or agent of the City. Nor shall employees and contractors to the Successful Proposer enjoy any privity of contract with the City. Neither the Successful Proposer nor any of its employees shall receive any City benefits available to employees of the City. The Successful Proposer shall supply competent and physically capable employees and contractors. The City may require the Successful Proposer to remove any employee or contractor it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued performance of the services is not in the best interest of the City. 14 d) Contract Extension. The City reserves the right to automatically extend any Contract for up to one hundred and eighty (180) calendar days beyond the stated Contract term, under the same terms and conditions of said Contract. The City shall notify the Successful Proposer in writing of such extensions. Additional extensions beyond the first one hundred and eighty (180) day extension may occur. if, approved by the City's Commission with the mutual agreement of the City and the Successful Proposer. e) Limited Contract Extension Any specific work assignment which commences prior to the termination date of any Contract and which will extend beyond the termination cate shall. unless terminated by mutual written agreement by both parties, continue until completion at the same prices, terms and conditions as set forth in any Contract. f) Warranty Any implied warranty granted under the Uniform Commercial Code shall apply to all goods purchased under any Contract. g) Estimated Quantities. Estimated quantities or estimated dollars, if provided, are for Proposer's guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the period of any Contract. The City is not obligated to place any order for a given amount subsequent to the award of any Contract. Estimates are based upon the City's actual needs and/or usage during a previous contract period. Said estimates may be used by the City for purposes of determining the highest evaluated scoring, responsive, responsible Proposer meeting specifications. h) Non-Exclusive Contract. Although the purpose of this Solicitation is to secure a Contract that can satisfy the total needs of the City, it is hereby agreed and understood that any Contract does not constitute the exclusive rights of the Successful Proposer to receive all orders that may be generated by the City in connection with the types of products and/or services requested, unless otherwise stated herein. 15 1-16 RIGHT OF APPEAL a) After a notice of intent to award a contract is posted, any actual or prospective bidder who is aggrieved in connection with the pending award of the contract or any element of the process leading to the award of the contract may protest to the Chief Procurement Officer. A protest must be filed within five (5) business days after posting or any right to protest is forfeited. The protest must be in writing, must identify the name and address of the protester, and must include a factual summary of. and the basis for, the protest. Filing shall be considered complete when the protest is received by the Chief Procurement Officer. b) The City shall require a deposit from a protester to compensate the City for the expenses of administering the protest. If the protest is decided in the protester's favor, the entire deposit shall be returned to the protester. If the protest is not decided in the protester's favor, the deposit shall be forfeited to the City. The deposit shall be in the form of cash or a cashier's check, and shall be the greater of one percent (1%) of the amount of the oending award or five thousand ($5,000.00) dollars. 1-17 PROPOSER AND RESULTING CONTRACTOR OBLIGATIONS a) Rules, Regulations, Licensing, and Other Requirements The Proposer shall comply with all laws and regulations applicable to the goods and/or services contained in this Solicitation. The Proposer is presumed to be familiar with all Federal, State and local laws, ordinances, codes and regulations that may in any way affect the goods and/or services offered. b) Conditions of Packaging and Packaging Materials If applicable, and unless otherwise specified in the Special Conditions or Specifications, all containers shall be suitable for shipment and/or storage and recyclable to the greatest extent possible. 1-18 REQUIRED LISTING OF SUBCONTRACTORS AND SUPPLIERS All Contracts with the City for purchase of supplies, materials, or services, including professional services which involve the expenditure of $25.000 or more, shall require that the Proposer submits with its Proposal a listing of all first-tier subcontractors or subconsultants who will perform any part of the Contract work and all suppliers who 16 will supply materials for the Contract work direct to the Successful Proposer. In addition, the Successful Proposer shall not change or substitute subcontractors, subconsultants, or suppliers from those listed in the Proposal except upon written approval of the City. All Proposers shall submit the completed Proposal form entitled "PROPOSER'S DISCLOSURE OF SUBCONTRACTORS, SUBCONSULTANTS, AND SUPPLIERS, with their Proposal. FAILURE TO COMPLY WITH THIS REQUIREMENT SHALL RENDER THE PROPOSAL NON-RESPONSIVE. 17 SECTION 2 SPECIFIC TERMS AND CONDITIONS 2-1 PURPOSE: TO ESTABLISH A CONTRACT FOR EMERGENCY MEDICAL TRANSPORT BILLING AND COLLECTION SERVICES FOR THE CITY The purpose of this Solicitation is to establish a Contract for the City, for the Services as specified herein, from an entity that will provide prompt and professional service. Specifically, the purpose is to select a Provider to furnish Emergency Medical Transport Billing and Collection Services according to the Statement of Work entitled SECTION 3, for the City. The City is herein requesting Proposals from experienced individual(s), group(s). or company(ies), hereinafter referred to as the "Proposer", to provide the Services described herein for the City. 2-2 SOLICITATION TIMETABLE The anticipated schedule for this Solicitation and the award of any resulting Contract shall be as follows: RFP advertised December 17'h & 181h, 2006 Solicitation available for distribution: Monday. December 18` . 2006 Deadline for receipt of questions: Monday, January 8th, 2007 Time: 4:30 PM EST Deadline for receipt of proposals: Tuesday, January 16`h, 2007 Time: 2:00 PM EST 2-3 TERM OF CONTRACT: FOR AN INITIAL TERM OF TWO (2) YEARS WITH THREE (3) OPTIONAL ONE (1) YEAR PERIODS The Contract resulting from this Solicitation shall commence upon approval by the City Commission and the execution of the Agreement and shall remain in effect for a period of two (2) years at the rates offered by the Proposer in their proposal for the entire two (21 year period. 18 After the initial two (2) year period, the City shall have the option to renew for an additional one (1) year period, and upon completion of that period, the City shall thrice more have the option to renew for an additional one (1 ) year period. Upon the completion of the initial term and again upon the completion of the each optional period, the City will consider an adjustment to the prices based on the Consumer Price Index, Series CWURA320SAS, CWUSA320SAS. entitled "Services, Miami-Fort Lauderdale. FL - Not Seasonally Adjusted", available `rom the United States Department of Labor. Bureau of Labor Statistics. Continuation of the Contract beyond the initial period is a prerogative of the City, not a right of the Proposer. This prerogative will only be exercised when such continuation is clearly in the best interest of the City. Should the City exercise the option to renew, it shall be only for those items originally awarded. 2-4 METHOD OF AWARD: TO THE HIGHEST EVALUATION SCORING, RESPONSIVE, RESPONSIBLE PROPOSER, The award of any Contract resulting from this Solicitation will be made to the highest evaluated scoring, responsive, responsible Proposer, and whose Proposal will be most advantageous to the City. 2-5 METHOD OF PAYMENT: PERIODIC INVOICES FOR SERVICES RENDERED The Successful Proposer shall submit fully documented invoices within thirty (30) calendar days after the services have been rendered. These invoices shall be submitted to The City of Miramar. ATTN: Accounts Payable, 2300 Civic Center Place, Miramar, Florida 33025. All documentation shall reference the appropriate Contract number, the type of Service(s) provided, the dates or period that the Service(s) were provided in the prior thirty (30) days. 2-6 INSURANCE The Successful Proposer agrees that he or she will, in the performance of work and services under the Contract, comply with all Federal, State and Local laws and regulations now in effect or hereinafter enacted during the term of the Contact that are applicable to the Successful Proposer, its employees, agents or subcontractor, sub- consultants, if any, respect to the work and services cescribed herein. The Successful Proposer shall obtain at Successful Proposer's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under the Contract including, but not limited to, Workers' Compensation Insurance, Unemployment Insurance, Professional Liability Insurance, 19 and all other insurance required by law. The Successful Proposer shall maintain such Insurance in full force and effect during the life of the Contract. The Successful Proposer shall provide to the City's Risk Manager certificates of all insurances required under this section prior to beginning any work under the Contract. The Successful Proposer shall maintain in full force and effect during the life of the Contract, Workers' Compensation insurance covering all employees in performance of work under the Contract. The Successful Proposer shall make this same requirement of any of its Subcontractors and subconsultants. The Successful Proposer shall indemnify and save the City harmless from any damage resulting to them for failure of either the Successful Proposer or any of their Subcontractors and/or subconsultant to take out or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Successful Propose, agrees to maintain during the term of the Contract. PROFESSIONAL LIABILITY $1,000,000 WORKERS' COMPENSATION Statutory Amount Neither the Successful Proposer nor any of their Subcontractors and/or subconsultants shall commence work under the Contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of a Certificate of Insurance and endorsement. The City of Miramar shall approve such certificates. ALL INSURANCE COMPANIES PROVIDED SHALL: Be rated at least A VII per Best's Key Rating Guide; be licensed to do business in Florida. All policies shall be Occurrence not Claims Made forms (except for professional liability). The Successful Proposer's liability insurance policies shall be endorsed to add the City of Miramar as an Additional Insured (except for professional liability). The Successful Proposer's liability insurance shall be primary to any liability insurance policies carried by the City. The Successful Proposer shall be responsible for all deductibles and self-insured retention's on Successful Proposer's liability insurance policies. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be cancelled, materially changed or renewal refused until at least thirty (30) calendar days written notice has been given to the City by certified mail. 20 2-7 CONTENTS OF PROPOSAL a) The Proposal must consist of two parts: the Technical Proposal and the Price Proposal. The Price Proposal shall be submitted in a separate sealed envelope marked "Price Proposal". 1 The Technical Proposal; i) Cover page. The form entitled PROPOSAL COVER PAGE (SECTION 5) is to be used as the cover page for the technical Proposal. This form must be fully completed and signed by an authorized officer of the Proposer submitting the Proposal. ii) Table of contents. The table of contents should outline in sequential order the major areas of the Proposal. All pages of the Proposal, including enclosures, must be clearly and consecutively numbered and correspond to the table of contents. iii) Executive summary. Provide a brief summary describing the Proposer's ability to perform Work requested in this Solicitation, a history of the Proposer's background and experience providing services, the qualifications of the Proposer's personnel to be assigned to this project, the subcontractors, subconsultants, and/or suppliers and a brief history of their background and experience, and, any other information called for by this Solicitation which the Proposer deems relevant, including restating any exceptions to this Solicitation. This summary should be brief and concise to apprise the reader of the basic services offered, experience and qualifications of the Proposer, staff, subcontractors, subconsultants, and/or suppliers. iv) Required Information. Proposers shall provide documentation that demonstrates their ability to satisfy any of required information contained herein. Proposers who do not satisfy the requirements or who fail to provide supporting documentation and/or affidavits as specified herein may be deemed non-responsive. If a prescribed format or required documentation for the response to information 21 requirements is listed below. Proposers should use said format and supply said documentation to be considered responsive. A) See form entitled PROPOSER REQUIRED INFORMATION FORM (SECTION 8). v) Technical information. A) Describe the Proposer's approach to organ izationlmanagement and the responsibilities of Proposer's management and personnel that will perform work on the Contract; describe method employed to ensure safety, prompt service, customer satisfaction, prompt complaint resolution, effective employee performance and training, and timely initiation and completion of all work. Describe the organizationas quality initiative program and the type of measuring (or benchmarking) system used to ensure continuous improvement. B) Provide relevant background information on your firm(s), including a brief history, firm ownership, organizational structure, location of headquarters, number and location of offices. C) List any subsidiary/affiliate company in the same business, the nature of the relationship, and the location of their office. D) Provide a description or information concerning or substantiating each of the requirements below: 1) Drug-free Work Place. 2) Employee drug testing program. 3) Proposer's experience, past performance, financial capabilities, violations, and litigations. 4) Offerors social responsibility, charitable acts and contributions, and benevolence programs. 5) Offeror's internal, organization-wide green and environmental programs and initiatives. 22 E) State the number of years that the Proposer has been in business, and the number of years in business operation under the Proposer's current business name. Any business owner who has previously operated a business under another name must include a description of the previous business. Failure to include such information will be deemed as intentional misrepresentation by the City, and will render the Proposer's Proposal non-responsive. F) Provide a detailed description of comparable contracts (similar in scope of services to those requested herein,) which the Proposer is either performing or has completed within the last three years. Provide information regarding the clients for whom you have provided similar services. The description should identify for each project: 1) The name and size of client, address, telephone number and the name of the contact person; 2) A description of the required Work; 3) The contract period and duration, 4) A statement or notation as to whether the Proposer was a prime contractor or subcontractor. subconsultant, or supplier, and 5) The result of the project. G) List any and all contracts the Proposer has performed for the City. H) Describe any other experiences related to the Work or Services described in SECTION 3, STATEMENT OF WORK. 1) Proposers shall include audited Financial Statement for the last three (3) years. J) Describe any prior or pending litigation or investigation, either civil or criminal, involving a governmental agency or which may affect the performance of the services to be rendered herein, in which the Proposer, any of its employees (while in the performance of their 23 duties.) subcontractors or subconsultants is or has been Involved within the last three (3) years. K) Describe and explain any prior complaints (both substantiated and inconclus ve) filed with any governmental agency. against the Proposer. any of its employees (while in the performance of their duties,) subcontractors or subconsultants is or has been involved within the last five (5) years. L) Does your firm have errors and omissions or fiduciary liability insurance? If so, please identify the carrier and amounts. vi) Key personnel and subcontractors performing services. A) Provide an organizational chart showing all individuals, including their titles, whom will perform any work on the Contract. This chart must clearly identify the Proposers employees and those of the subcontractors or subconsultants. B) Describe the expertise of your firm's professional staff for both the local office and the total organization. Describe the experience, qualifications, and other vital information, including relevant experience on similar contracts, of all key individuals and subcontractors or subconsultants who will perform work on the Contract. This information shall include functions to be performed by the key individuals and the subcontractors or subconsultants. C) Describe the team that would serve our account. List each team member's role on this project, professional designation, qualifications, experience, education, and clients with similar services. Describe how the members of the team will interact and coordinate service and how other actuarial and consulting staff may be used to enhance the project. D) Provide resumes with job descriptions and other detailed qualification information on all key personnel who will be assigned to the Contract, including any subcontractors or subconsultants. The phrase "all key personnel' includes all partners, managers, seniors and 24 other professional or technical staff that will perform work on the Contract. E) List names and addresses of all first tier subcontractors, subconsultants, or suppliers. who will perform and/or provide for the Contract. vii) Affidavits and Acknowledgements. A) PROPOSAL COVER PAGE (SECTION 5) B) ADDENDA ACKNOWLEDGEMENT FORM (SECTION 7) C) PROPOSER INFORMATION FORM (SECTION 8) D) PROPOSER'S DISCLOSURE OF SUBCONTRACTORS, SUBCONSULTANTS, AND SUPPLIERS (SECTION 9) E) DRUG-FREE WORKPLACE AFFIDAVIT (SECTION 10) F) ANTI-KICKBACK AFFIDAVIT (SECTION 11) G) NON-COLLUSIVE AFFIDAVIT (SECTION 12) H) NON-DISCRIMINATION AFFIDAVIT (SECTION 13) 1) BUSINESSNENDOR PROFILE SURVEY (SECTION 14) J) FORM W-9 REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION (SECTION 15) 2) THE PRICE PROPOSAL (SECTION 6) Proposers are to propose an estimated total cost supported by detail of all costs and pricing and the basis for each. The City will make no allowance to any Successful Proposer for not having investigated the City's current operations on their own, prior to submitting their proposal. PRICE PROPOSAL SHALL BE SUBMITTED IN A SEPARATE SEALED ENVELOPE MARKED "PRICE PROPOSAL". 25 i) Provide your Percentage Fee for the proposed services. 2-8 EVALUATION CRITERIA Following the closing of the Solicitation, the Proposals will be evaluated by a Selection Committee appointed by the City. The Selection Committee may comprise of any combination of the following types of individuals: City personnel and representatives (Consultants, Citizens. etc.) selected by the City, with the appropriate experience and/or knowledge, striving to ensure that the committee is well balanced. The scoring of Proposals is based on a point total and not a percentage factor. a) Technical Proposal evaluation. The Selection Committee will first evaluate and rank responsive Proposals on the Technical criteria listed below. The criteria are itemized with their respective weights for a maximum total of eighty (80) points for all Technical Criteria. A Proposer may receive the maximum points, a portion of this score, or no points at all, depending upon the merit of its proposal, as judged by the Selection Committee in accordance with: Criteria Points 1) Professional Expertise/Qualifications in Stated Criteria/Ambulance Billing 25 2) Governmental/Municipal Experience 20 3) Technology and Equipment Availability 10 4) Collection Procedure 10 5) Qualified Local MBEISBE Participation 10 6) Office Location within the Tri-county Area 5 b) Price Proposal. The Selection Committee will then evaluate and rank responsive Proposals on the Price Proposal criteria listed below. The criterion is itemized with its respective weight for a maximum total of twenty (20) points for the Price Proposal. A Proposer may receive the maximum points, a portion of this score, 26 or no points at all, depending upon the merit of its Price Proposal, as judged by the Selection Committee in accordance with: Criteria Points 1) Percentage Fee Proposal 20 2-9 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS The Successful Proposer understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, and etcetera. The City and Successful Proposer agree to comply with and observe all applicable laws, codes and ordinances as they may be amended from time to time. 2-10 ACCEPTANCE OF SERVICES BY THE CITY An authorized representative of the City will inspect this project. This inspection shall be performed to determined acceptance of work, appropriate and invoicing prior to acceptance of services or deliverables. 2-11 DEFICIENCIES IN WORK TO BE CORRECTED BY THE SUCCESSFUL PROPOSER The Successful Proposer shall promptly correct all deficiencies and/or defects in work and/or any work that fails to conform to the Statement of Work, whether or not contracted, programmed, or completed. All corrections shall be made within seven (7) calendar days after such rejected defects, deficiencies, and/or non-conformances, are verbally reported to the Successful Proposer by an authorized representative of the City. The Successful Proposer shall bear all costs of correcting such rejected work. If the Successful Proposer fails to correct the work within the period specified, the City shall place the Successful Proposer on default, obtain the services of another party to correct the deficiencies, and charge the Successful Proposer for these cost, either through a deduction from the final payment owed to the Successful Proposer or through invoicing. 27 2-12 LABOR AND COMPUTER EQUIPMENT SHALL BE SUPPLIED BY THE SUCCESSFUL PROPOSER Unless otherwise provided in the specifications, the Successful Proposer shall furnish all labor and computer equipment necessary to satisfy the completion of the project. When not specifically identified in the specifications, such equipment shall be of a suitable type and grade for the purpose. All computer equipment shall be subject to the inspection and approval of the City for compatibility of deliverables, reports, and findings. 2-13 MINIMUM WAGE BASED ON FEDERAL LAW The wage rate paid to all laborers. mechanics. and apprentices employed or contracted by the Successful Proposer for the work under the Contract, shall not be less than the minimum wage rate established by the Federal Government and enforced by the U.S. Department of Labor, Wages and Hours Division. 2-14 NOTIFICATION TO BEGIN WORK SHALL BE GIVEN THROUGH A PURCHASE ORDER The Successful Proposer shall neither commence any work, nor enter any City premises or land for the purpose of working until a Purchase Order has been received from the City's Procurement Division, provided however, that such notification shall be superceded by any emergency work that may be specified herein. 2-15 EMPLOYEES AND CONTRACTORS All employees and contractors of the Successful Proposer shall be considered to be, at all times, the sole employees or contractors of the Successful Proposer under its sole discretion and not an employee, Contractor, or agent of the City. The Successful Proposer shall supply competent and physically capable employees and contractors. The City may require the Successful Proposer to remove any employee or contractor it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued performance of the services is not in the best interest of the City. The direction and supervision employees shall be by competent, qualified and sober personnel, and the Successful Proposer shall devote sufficient personnel, time and attention to the direction of the operation to assure performance satisfactory to the City. All SubContractors, SubConsultants, superintendents, foremen and workmen 28 employed by the Successful Proposer shall be careful and competent. Employees and SubContractors of the Successful Proposer shall have and wear proper dress attire at all times. All employees used by the Successful Proposer during the term of the contract, shall be of a standingor affiliation that will permit the Successful Proposer's performance herein to be carried on harmoniously and without delay, and in no case, or in any circumstances, will such employees cause any disturbance, interference or delay to any work or service rendered to the City or by the City and in no case or in any circumstances will the employees conduct themselves negligently, disorderly or dishonestly in the due and proper performance of the employee's duties. The Successful Proposer shall see to it that his employees serve the City in a courteous, helpful and impartial manner. The Successful Proposer shall furnish the City with a current roster of employees. 2-16 GOVERNMENT WIDE a) Upon mutual agreement by the Successful Proposer and any governmental unit or educational organization, the two parties may avail themselves of the services specified herein from the Successful Proposer(s) at the contract prices) established in any Contract(s) resulting herefrom. b) Each governmental unit or educational organization which uses the Contract(s) resulting herefrom, will establish its own contract, place its own orders, issue its own purchase orders, be paid therefrom and make its own collections and issue its own exemption certificates as required by the Successful Proposer. c) It is understood and agreed that the City is not a legally binding party to any contractual agreement made between any government unit or educational organization and the Successful Proposer as a result of this Solicitation. 2-17 POINT OF CONTACT For any additional information regarding the specifications and requirements of this Solicitation, contact the Procurement Division at (954) 602-3053. 29 SECTION 3 STATEMENT OF WORK 3-1 STATEMENT OF WORK a) Purpose The purpose of this Request for Proposals is for the City of Miramar to obtain the services of a qualified firm to administrate the task of processing, invoicing and collecting the fees for transporting Emergency Medical Service (EMS) patients on behalf of the City of Miramar Fire Rescue Department, in conformity with the requirements contained herein. b) Proposer's Required Number of Years in Business To ensure that the Successful Proposer has a proven record of service and experience, the Successful Proposer's company is required (a) to have been operating as the same business entity for a minimum of three (3) years and (b) been successful in the business of billing and collecting fees for medical related services or Fire Department Emergency Medical Transportation Services actively and continuously `:or a minimum of three (3) years. c) Services To Be Provided Contractor shall provide complete medical billing and accounts receivable management services in accordance with the responsibilities outlined below. Contractor's Responsibilities: 1) Provide billing and collection accounts receivable management services to the City as required on a case-by-case basis, with emphasis on accelerated turnaround between services provided and payment received 2) Ensure that all required documentation and agreements with payers (e.g. Medicare. Medicaid, Champus. etc.) are filed and maintained and that the City is kept apprised of important changes to industry regulations. 3) Ensure knowledge of different industry insurance plans and file every billable claim. 4) Seek full payment on Managed Care accounts. Contractor shall pursue 100% of the monies due to the City for services rendered, 30 including any claims that are not paid up to and including the full transport fee charge and any applicable additional charges. Contractor shall not accept reduced amounts from a Managed Care company unless expressly directed to do so by the City. 5) Provide reasonably necessary training periodically, as requested by the City, to City's personnel regarding the gathering of the necessary information and proper completion of patient care reports. 6) Provide prompt submission of third party claims after receiving a completed patient care report and corresponding insurance claim information. Secondary insurance provider claims shall be submitted after the primary insurance provider has paid. 7) Provide follow-up on rejected and Inactive claims. 8) Utilize most up-to-date knowledge and information with regard to coding requirements and standards, to ensure compliance with applicable Federal, State and local regulations. 9) Reconcile the number of transports processed with those received. 10) Provide a designated liaison for patient/payer concerns. 11) Provide all City-related required services and prepare additional third-party claims or patient payment arrangements based on this information exchange. 12) Provide a toll free telephone number for patients to be answered as designated by the City. 13) Facilitate proper security of confidential information and proper shredding of all disposed materials containing such information. 14) Establish arrangements with hospitals to obtain/verify patient insurance and contract information. 15) Maintain appropriate accounting procedures for reconciling all deposits, receivables billings, patient accounts, adjustments and refunds. 16) Receive copies of all payments and correspondence that is sent to the City for purposes of complete follow up, reconciliation of accounts and financial reporting. This includes but is not limited to our handling of all returned checks, all research on checks that come in without the necessary identification and daily reconciliation 31 of funds hitting the City's account to transport patients, all repo ted on a monthly reconciliation report. 17) Accept credit card payments made to the City for claims submitted. Amounts will be netted, less the credit card fees to be paid for by City. 18) Provide access to the City for all requested information in order for the City to perform appropriate and periodic audits. Reasonable notice will be given to Contractor for any planned audit and will be conducted during normal business hours. 19) Provide timely comprehensive reports facilitating all required aspects of monitoring, evaluating, auditing and managing the services provided. Process refund requests and provide the City with the documentation substantiating each refund requested. 20) Return to the City all accounts with unpaid balances along with the complete processing history once collection efforts are exhausted or send to the City's designated collection agency. 21) Assign billing patient numbers providing cross-reference to the City's assigned transport numbers. 22) Provide accurate coding of medical claims. 23) Make recommendations for fee schedule changes and regularly advise on changes in statutes and industry regulations. 24) Respond to all patients' requests and inquiries, either written or verbal. 25) Arrange modified payment schedules for individuals unable to pay full amount when billed. 26) Maintain daily deposit control sheets and original documentation. 27) Implement and comply with a Compliance Plan consistent with the intent and activities included in the U.S. Office of Inspector General (OIG) Compliance Program Guidance for Third Party Medical Billing Companies 63 FIR 70138; (December 18, 1998). 28) Invoice the patient and/or other third party responsible for payment of services rendered in accordance with time frames as stated herein. 32 29) Provide HIPAA privacy practices requirements to all patients transported. 30) Provide and administer a compliance program to ensure compliance with all state and federal regulations. 31 ) Provide the City's Finance Department with all monthly finance, billing and receivable reports. 32) Provide a Customer Service Representative to assist patients and/or other third party payors in all billing inquiries in a timely fashion. 33) Collection and generation of any and all insurance forms fillings, and record maintenance. 34) Conduct any follow up required to obtain the necessary insurance information to process invoices for payment. d) Minimum Requirement: 1.) Successful Proposer shall accept hard copy or electronically transmitted information) 2) All invoicing and reporting shall be computerized. Provide computer operating system information, hardware configuration. and software used. 3) Post all payments as received by the City's bank in the manner prescribed by the City s Finance Department. 4) Invoice the City on a monthly basis for services rendered based on a flat fee for Medicaid and percentage of other fees collected. 5) Negotiate and arrange modified payment schedules for those individuals unable to pay the full amount at the time of initial billing. 6) Maintain any and all documents, records and patient information in a safe and secure manner that will allow inspection and audit by the City or its agents upon proper notification and within the scope of the awarded contract. 33 E) City's Responsibilities 1) City will provide Contractor with patient encounter information on a timely basis and in sufficient detail to support diagnosis and procedure coding. City will also provide patient demographic information necessary for accurate patient identification including name, address. social security number. date of birth, and telephone number. Where possible, City will obtain and provide Contractor with patient health insurance, auto insurance, or other insurance information. 2) City will provide Contractor with its approved billing policies and procedures including fee schedules and collection protocols. 3) City will timely process refunds identified by Contractor for account overpayments. 4) City will provide a detailed instructions to the Contractor for processing all documents. 5) City will provide Contractor with Daily Bank Balance Reporting capabilities via the bank's designated web site. 6) City will comply with all federal, state and local laws, rules and regulations as applicable to the contracted services. 7) The City will provide the necessary patient information to the successful Proposer on a weekly basis, for all transported patients within the specified time frame. f) Fee for Services The Proposer's fee for services to be provided will be a percentage of actual dollars collected during the previous month. Each Proposer must submit a single PERCENTAGE FEE with their proposal. This same fee will remain in place for the initial two contract years Proposal should reflect the total costs for all services and should detail the different fees for each service. The Proposer shall include sample invoices and the messages that will be used on 35- and 65-day notices as part of the submittal. All invoices and notice text, layout, color of ink and paper stock is subject to approval by the City. 34 SECTION 4 SAMPLE AGREEMENT 4-1 SAMPLE AGREEMENT EMERGENCY MEDICAL TRANSPORT BILLING AND COLLECTION SERVICES AGREEMENT This Agreement is entered into as of this day of 20_ between the City of Miramar (hereinafter the "City") and a (describe the entity, partnership, i.e. Florida corporation, partnership etc.) (hereinafter the 'Provider"). RECITAL WHEREAS, the City conducted competitive bids in order to award a bid and enter into an agreement for the purchase Emergency Medical Transport Billing and Collection Services: and WHEREAS, the Provider was selected to furnish said Emergency Medical Transport Billing and Collection Services, NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Provider and the City agree as follows: TERMS 1. RECITALS: The recitals are true and correct and are incorporated and made a part of this Agreement. 2 TERM: The term of this Agreement shall commence upon the date of execution hereof and shall remain in effect for a period of two (2) years from the date of 35 execution of this Agreement by the City, or until terminated by the City as herein set forth. The City and the Provider by mutual agreement, will have the option of extending this Agreement for three (3) additional one (1) year period(s) as may be specified In accordance with the paragraph entitled OPTION TO RENEW THE PERIOD OF PERFORMANCE. 3. OPTION TO RENEW THE PERIOD OF PERFORMANCE The prices agreed to as a result of this Agreement shall prevail for a two (2) year period from the effective date of this Agreement, at which time the City and the Provider shall have the option to renew for three (3) additional one (1) year periods, on a year to year basis. Upon the completion of the initial term and again upon the completion of the each optional period, the City will consider an adjustment to the prices based on the Consumer Price Index, Series CWURA320SAS. CWUSA320SAS, entitled "Services, Miami-Fort Lauderdale, FL - Not Seasonally Adjusted", available from the United States Department of Labor, Bureau of Labor Statistics. Continuation of this Agreement beyond the initial one (1) year period will be at the sole discretion of the City. This prerogative will only be exercised by the City when such continuation is clearly in the best interest of the City. Any changes in price will be agreed to annual and will remain in force for the full one year period. 4. SCOPE OF SERVICES: A. Provider agrees to provide the Services (hereinafter inclusively referred to as the 'Services") as specifically described, and under the special terms and conditions set forth in Attachment "A" hereto, which includes the original Solicitation and the 36 Provider's Bid/Proposal/Qualifications submission, and which by this reference is incorporated into and made a part of this Agreement. B. Provider represents and warrants to the City that: (i) it possesses all qualifications, licenses and expertise required for the performance of the Services: (ii) it is not delinquent in the payment of any sums due the City, (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; and (iv) the Services will be performed in the manner described in Attachment "A". 5. PAYMENT: The Provider shall submit periodic invoices for the services provided to The City of Miramar, ATTN: Accounts Payable, 2300 Civic Center Place. Miramar, FL 33025. The date of the invoice shall not exceed thirty (30) calendar days from the date of acceptance of the deliverables and services by the City. Under no circumstance shall an invoice be submitted to the City in advance of the delivery and acceptance of the deliverables and/or services, unless otherwise agreed to. All invoices shall reference the appropriate contract number. the address to where the deliverables were delivered or the services performed, and the corresponding acceptance slip that was signed by an authorized representative of the City when the deliverables and/or services were delivered and accepted. Payment by the City shall be made within thirty (30) days after receipt of Provider's Invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should the City require one to be performed. 37 6. ACCEPTANCE OF SERVICES BY THE CITY: The Services shall be provided to the City in strict accordance with the specifications. If Services do not meet specifications, the Provider shall pay all associated fees or costs collected to the City. 7. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any information, document, report or any other material whatsoever which is given by the City to Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms of this Agreement is and shall at all times remain the property of the City. Provider agrees not to use any such information, document. report or material for any other purpose whatsoever without the written consent of the City, which may be withheld or conditioned by the City in its sole discretion. 8. AUDIT AND INSPECTION RIGHTS: A. The City may, at reasonable times, and for a period of up to three (3) years following the date of final performance of Services by the Provider under this Agreement, audit, or cause to be audited, those books and records of Provider which are related to Provider's performance under this Agreement. Provider agrees to maintain all such books and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement. B. The City may, at reasonable times during the term hereof, inspect Provider's facilities and perform such inspections, as the City deems reasonably necessary, to determine whether the services required to be provided by Provider under this Agreement conform to the terms hereo` and/or the terms of the Solicitation Documents, if applicable. Provider shall make available to the City all reasonable facilities and assistance to facilitate the performance of inspections by the City's 38 representatives. All inspections shall be subject to, and made in accordance with, all applicable law, including but not limited to the provisions of the Code of Broward County, Florida, as same may be amended or supplemented, from time to time. 9. AWARD OF AGREEMENT: Provider represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 10. PUBLIC RECORDS: Provider understands that the public shall have access. at all reasonable times, to all documents and information pertaining to City contracts, subject to the provision of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Provider's failure or refusal to comply with the provisions of this section shall result in the Immediate cancellation of this Agreement by the City. 11. COMPLIANCE WITH FEDERAL STATE AND LOCAL LAWS: Provider understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. The City and Provider agree to comply with and observe all applicable laws, codes and ordinances as they may be amended from time to time. 39 12, CERTIFICATE OF COMPETENCY: The Provider shall, at the time of executing this Agreement. hold a valid certificate of competency, if applicable, issued by the Federal, State, or County examining or licensing board qualifying said person, firm, corporation or joint venture to perform the work proposed. If a subcontractor(s) is employed, an applicable certificate of competency or license issued to the subcontractor(s) shall be submitted along with the Providers certificate prior to the starting of work: provided, however, that the City may. at its sole option and in its best interest, allow the Provider to supply the certificate to the City during the first week of work. 13. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnitees") and each of them from and against all loss, costs. penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of. resulting from. or in connection with (i) the performance or non-performance of the services contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, errors, misconduct, omission, default or negligence (whether active or passive) of Provider or its employees, agents or subcontractors (collectively referred to as `Provider'), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act. errors, misconduct, omission, default or negligence (whether active or passive) of the Indemnitees, or any of them or (ii) the failure of the Provider to comply with any of the paragraphs herein or the failure of the Provider to conform to 40 statutes, ordinances, or other regulations or requirements of any governmental authority. federal or state, in connection with the performance of this Agreement. Provider expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Provider, or any of its subcontractors, as provided above, for which the Provider's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. Provider acknowledges that specific consideration has been paid or will be paid under this Agreement for this hold harmless and indemnification provision, and further agrees with the foregoing provisions of indemnity and also agrees with the collateral obligation of insuring said indemnity as set forth in Attachment A. Provider shall indemnify City for ail loss, damage, expense or liability including, without limitation, court costs and attorneys' fees that may result by reason of any infringement or claim of infringement by Provider of any patent. trademark, copyright, trade secret or other proprietary right relating to services furnished pursuant to this Contract. Provider will defend and/or settle at its own expense any action brought against the City to the extent that it is based on a claim that products or services furnished to City by Provider pursuant to this Contract, or if any portion of the services or goods related to the performance of the service becomes unusable as a result of any such infringement or claim. 41 14. DEFAULT: A. An event of default shall mean a breach of this Agreement by the Provider. Without limiting the generality of the foregoing and in addition to those instances referred to as a breach, an event of default shall include the following: 1 . Provider has not performed services on a timely basis: 2. Provider has refused or failed, except in the case for which an extension of time is provided, to supply enough properly skilled Staff personnel: 3. Provider has failed to obtain the approval of the City where required by this Agreement: 4. Provider has refused or failed, except in the case for which an extension of time is provided, to provide the Services as defined in this Agreement; 5. Provider has failed to make prompt payment to subcontractors or suppliers for any services: 6. Provider has become insolvent or has assigned the proceeds received for the benefit of Provider's creditors, or Provider has taken advantage of any insolvency statute or debtor/creditor law or if Provider's affairs have been put in the hands of a receiver; or T Provider has failed in the honoring of any warranties. B. In the event Provider fails to comply with the provisions of this Agreement, the City may declare the Provider in default, notify the Provider in writing, and give the Provider fifteen (15) calendar days to cure the default. If the Provider fails to cure the default, compensation will only be for any completed services minus any damages pursuant to Section C below. In the event payment has been made for such services not completed, the Provider shall return these sums to the City within ten (10) days after notice that these sums are due. Nothing in this Section shall limit the City's right to 42 terminate. at any time, pursuant to Section 16. and its right for damages under Section C below. C. In an Event of Default by the Provider, it shall be liable for all damages resulting from the default, including but not limited to: 1 . Lost funding, and 2. The difference between the cost associated with procuring services and the amount actually expended by the City, including procurement and administrative costs. D. The City may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy specifically given or otherwise existing and may be exercised from time to time as often and in such order as may be deemed expedient by the City. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The City's rights and remedies as set forth in this Agreement are not exclusive and are In addition to any other rights and remedies available to the City in law or in equity. 15. TERMINATION: A. TERMINATION - For Convenience - This Agreement may be terminated by City for convenience upon thirty (30) calendar days written notice to Provider. In the event of such termination, Provider shall be entitled to receive compensation for any work completed pursuant to this Agreement to the satisfaction of City up through the date of termination. Under no circumstances shall City make payment for services that have not been performed. 43 B. TERMINATION - For Cause - This Agreement may be terminated by either party upon five (5) calendar days' written notice to the other should such other party fail substantially to perform in accordance with its material terms through no fault of the party initiating the termination. In the event Provider abandons this Agreement or causes it to be terminated by City, Provider shall indemnify City against loss pertaining to this termination. In the event that Provider is terminated by City for cause and it is subsequently determined by a court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a termination for convenience under Section 16A and the provisions of Section 16A shall apply. C. Provider shall turn over to City all work products (including but not limited to finished or unfinished documents, data, studies, surveys and reports prepared by Provider) for which payment by the City has been requested, at the time of final payment by the City. 16. INSURANCE — PROFESSIONAL SERVICES CONTRACT: The Provider shall furnish to the City of Miramar. Manager, Risk Management Division, 2300 Civic Center Place, Miramar, Florida 33025, certificates of insurance which indicates that insurance coverage has been obtained which meets the requirements in Attachment "A" hereto. 17. NONDISCRIMINATION: Provider represents and warrants to the City that Provider does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Provider's performance under this Agreement on account of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation or any other factor which cannot 44 be lawfully used as a basis for delivery of services. Provider further covenants that no otherwise qualified individual shall, solely by reason of his/her race, age, religion, color. gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for delivery of services, be excluded from participation in. be denied services, or be subject to discrimination under any provision of this Agreement. 18. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in part, without the prior written consent of the City, which may be withheld or conditioned, in the City's sole discretion. 19. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand-delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO PROVIDER: TO THE CITY OF MIRAMAR The City of Miramar ATTN: Procurement Manager 2300 Civic Center Place Miramar, FL 33025 (954) 602-3053 Fax: (954) 602-3483 45 WITH A COPY TO: Jamie Alan Cole, Esquire Weiss Serota Helfman Pastoriza & Guedes, P.A. 200 East Broward Blvd, Suite 1900 Ft. Lauderdale. Florida 33301 Telephone: (954) 763-4242 Facsimile: (954) 764-7770 20. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. The parties submit to the jurisdiction of any Florida State or federal court in any action or proceeding arising out of, or relating to, this Agreement. Venue for any action arising out of this agreement shall be in Broward, County, Florida. B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provision. paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miramar, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable. and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. 46 21. BINDING AUTHORITY; SUCCESSORS AND ASSIGNS: Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 22. INDEPENDENT CONTRACTOR: Provider has been procured and is being engaged to provide services to the City as an independent contractor, and not as an agent or employee of the City, Accordingly, Provider shall not attain, nor be entitled to, any rights or benefits of the City, nor any rights generally afforded classified or unclassified employees. Provider further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Provider, and agrees to provide workers' compensation insurance for any employee or agent of Provider rendering services to the City under this Agreement. 23. REAFFIRMATION OF REPRESENTATIONS: Provider hereby reaffirms all of the representations contained in the Solicitation Documents. 24. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and entire agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement, are of no force or effect. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties herein. 47 25. COUNTERPARTS: This Agreement may be executed in four (4) or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. 26. COSTS AND ATTORNEY'S FEES: If either City or Provider is required to enforce the terms of this Agreement by court proceedings or otherwise, whether or not formal legal action is required, the prevailing party shall be entitled to recover from the other party all such costs and expenses, including but not limited to. costs and reasonable attorney's fees. 27. CONFLICT: In the event of a conflict between the terms of this Agreement and any terms or conditions contained in any attached documents. the terms in this Agreement shall prevail. 28. WAIVER: The waiver by either party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Agreement shall not be construed as a waiver of any future or continuing similar or dissimilar failure. 48 WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereinto duly authorized, this the day and year above written. ATTEST: THE CITY OF MIRAMAR By: Yvette M. McLeary, City Clerk Robert Payton, City Manager APPROVED AS TO FORM AND CORRECTNESS: Date: Weiss, Serota Hellman Pastoriza Cole & Boniske, P.A., City Attorney "PROVIDER" WITNESS: By: By: Print Name: Print Name: Title: Date: (CORPORATE SEAL) 49 SECTION 5 PROPOSAL COVER SHEET PROPOSER'S NAME(Name of firm, entity, or organization): FEDERAL EMPLOYER IDENTIFICATION NUMBER: NAME AND TITLE OF PROPOSER'S CONTACT PERSON: Name: Title. MAILING ADDRESS: Street Address Dl . State, Zip. TELEPHONE: FAX: PROPOSER'S ORGANIZATION STRUCTURE: Corporation Partnership — _ _Proprietorship Joint Venture _. _ Other(explain). IF CORPORATION: Date Incorporated/Organized. State of Incorporation,/Organization: States registered in as foreign Cor oration. PROPOSER'S SERVICES OR BUSINESS ACTIVITIES OTHER THAN WHAT THIS SOLICITATION REQUESTS FOR: LIST NAMES OF PROPOSER'S SUBCONTRACTORS AND/OR SUBCONSULTANTS FOR THIS PROJECT., PROPOSER'S AUTHORIZED SIGNATURE: The undersigned hereby certifies that this Proposal is submitted In response to this Solicitation. Signed by _. _ Date. Print name: Title. _ FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM MAY DEEM YOUR PROPOSAL NON-RESPONSIVE 50 SECTION 6 PRICE PROPOSAL SHEET 6-1 FEE SCHEDULE a) Provide your fees for the proposed services. PRICE PROPOSAL SHALL BE SUBMITTED IN A SEPARATE SEALED ENVELOPE MARKED "PRICE PROPOSAL Percentage Fee (expressed numerically) Percentage Fee (expressed in words): percent. Taxpayer Identification Number (TIN) BIDDER: (Company Name) (Signature) (Printed Name & Title) FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM SHALL DEEM YOUR BID NONRESPONSIVE 51 SECTION 7 ADDENDA ACKNOWLEDGEMENT FORM Addendum # Date Received PROPOSER: (Company Name) (Signature) (Printed Name & Title) FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM MAY DEEM YOUR PROPOSAL NON-RESPONSIVE 52 SECTION 8 PROPOSER INFORMATION FORM All information supplied in connection with this form is subject to review and verification. Any and all determinations concerning this information will be used to determine eligibility for participation in the award. Inaccurate or incomplete answers may result in your Proposal being deemed as "Non-Responsive." (1) How many years has your organization been in business under your present business name? years (2) State of Florida occupational license type and number: (3) County (state county) occupational license type and number: (4) City of Miramar occupational license type and number: (A CITY OF MIRAMAR OCCUPATIONAL LICENSE IS NOT NECESSARY UNLESS THE BUSINESS IS LOCATED WITHIN THE CITY OF MIRAMAR) PROPOSERS MUST INCLUDE A COPY OF EACH LICENSE LISTED WITH PROPOSAL (5) Describe experience providing Services/Commodities for similar (government) organizations: (6) Have you ever had a contract terminated (either as a prime contractor or sub- contractor,) for failure to comply, breach, or default? yes no (IF YES, PLEASE ENCLOSE A DETAILED EXPLANATION ON SEPARATE SHEET) 53 SECTION 8 PROPOSER INFORMATION FORM (CONTINUED) (7) Please list five Government contract references: Company Name Address: City, State. & Zip Code: Contact's Name & Phone #: Company Name : Address: City, State, & Zip Code: Contact's Name & Phone #: Company Name : Address: City, State, & Zip Code Contact's Name & Phone #: 54 SECTION 8 PROPOSER INFORMATION FORM (CONTINUED) Company Name : Address: City, State, & Zip Code: Contact's Name & Phone #: Company Name : Address: City, State, & Zip Code: Contact's Name & Phone #: FAILURE TO COMPLETE AND RETURN THIS FORM MAY DEEM YOUR PROPOSAL NON-RESPONSIVE 55 SECTION 9 PROPOSER'S DISCLOSURE OF SUBCONTRACTORS, SUBCONSULTANTS, AND SUPPLIERS Please list all Subcontractors, Subconsultants, and Suppliers to be used in connection with performance of the Contract. (Use additional pages, if necessary): Company Name: Address: City, State. & Zip Code: Company Name: Address: City, State, & Zip Code: Company Name: Address: City, State, & Zip Code: 56 SECTION 9 PROPOSER'S DISCLOSURE OF SUBCONTRACTORS, SUBCONSULTANTS, AND SUPPLIERS (CONTINUED) Company Name: Address: City, State, & Zip Code. Company Name: Address: City, State, & Zip Code: Company Name: Address: City, State, & Zip Code: FAILURE TO COMPLETE AND RETURN THIS FORM MAY DEEM YOUR PROPOSAL NON-RESPONSIVE 57 SECTION 10 DRUG-FREE WORKPLACE AFFIDAVIT FLORIDA STATE STATUTE 287.087 Identical Tie Bids: Preference shall be given to business with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: a) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. b) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 1) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). 2) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 3) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 4) Make a good faith effort to continue to maintain a drug-free workplace through the implementation of this section. 58 SECTION 10 DRUG-FREE WORKPLACE AFFIDAVIT (CONTINUED) FLORIDA STATE STATUTE 287.087 As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor's Signature FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM MAY DEEM YOUR PROPOSAL NON-RESPONSIVE 59 SECTION 11 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA } } SS: COUNTY OF BROWARD } I, the undersigned, hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Miramar, its elected officials, and or its design consultants, as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: Title: Sworn and subscribed before this day of 20_ Notary Public, State of Florida (Printed Name) My commission expires: FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM MAY DEEM YOUR PROPOSAL NON-RESPONSIVE 60 SECTION 12 NON-COLLUSIVE AFFIDAVIT State of ) SS: County of ) being first duly sworn, deposes and says that: a) He/she is the (Owner, Partner, Officer, Representative or Agent) of the Proposer that has submitted the attached Proposal; b) He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; c) Such Proposal is genuine and is not collusive or a sham Proposal; d) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Proposer, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from proposing in connection with such work; or have in any manner, directly or indirectly, sought by person to fix the price or prices in the attached Proposal or of any other Proposer, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed work; e) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM MAY DEEM YOUR PROPOSAL NON-RESPONSIVE 61 SECTION 12 NON-COLLUSIVE AFFIDAVIT (CONTINUED) Signed, sealed and delivered in the presence of- By: Witness Witness (Printed Name) (Title) FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM MAY DEEM YOUR PROPOSAL NON-RESPONSIVE 62 SECTION 12 NON-COLLUSIVE AFFIDAVIT (CONTINUED) ACKNOWLEDGMENT State of ) ) ss. County of ) BEFORE ME, the undersigned authority, personally appeared to me well known and known by me to be the person described herein and who executed the foregoing Affidavit and acknowledged to and before me that executed said Affidavit for the purpose therein expressed. WITNESS. my hand and official seal this day of , 20 My Commission Expires: Notary Public State of Florida at Large FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM MAY DEEM YOUR PROPOSAL NON-RESPONSIVE 63 SECTION 13 NON-DISCRIMINATION AFFIDAVIT I, the undersigned, hereby duly sworn, depose and say that the organization, business or entity represented herein shall not discriminate against any person in its operations, activities or delivery of services under any agreement it enters into with the City of Miramar. The same shall affirmatively comply with all applicable provisions of federal, state and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for service delivery. By: Title: Sworn and subscribed before this day of , 20 Notary Public, State of Florida (Printed Name) My commission expires: FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM MAY DEEM YOUR PROPOSAL NON-RESPONSIVE 64 SECTION 14 BUSINESS/VENDOR PROFILE SURVEY Name of Business: Address: Phone No.: Contact Person (Regarding This Form): Type of Business (check the appropriate type): CONSTRUCTION SERVICES - Firms involved In the process of building, altering, repairing, improving or demolishing any structure, building or real property. ARCHITECTURE AND ENGINEERING (A&E) SERVICES - Firms involved in architectural design, engineering services, inspections and environmental consulting (materials and soil testing) and surveying. PROFESSIONAL SERVICES - Includes those services that require special licensing, educational degrees, and unusually highly specialized expertise. o BUSINESS SERVICES - Involves any services `.hat are labor intensive and not a construction related or professional service. o COMMODITIES - Includes all tangible personal property services, including equipment, leases of equipment, priiting. food, building materials, office supplies. A Small Disadvantaged Business Enterprise (SDBE) is defined as a small business concern that is at least fifty-one (51) percent beneficially owned and which is routinely managed by one or more of the following (Please identify your respective SDBE category): African-American Hispanic Asian-Indian American Asian-Pacific American Native American Any Woman not included among the aforementioned categories FAILURE TO COMPLETE AND RETURN THIS FORM MAY DEEM YOUR PROPOSAL NON-RESPONSIVE 65 SECTION 15 W_ Rf,qu(,-,t loir laxpayl--l- ',,. h Iderfilicalif.1'n Nurntor and WhYallvin A 4 -Uff I AIVIGH -dot wittAW ................. 2300 C vie Center Place 4A- 9: .4, Miramar, FL 33025 I Isil ILLY. 'luni :fq I11III 11 In itp J,I] k:-x I:! I d OWL d I I v U 11 11 rill.: It,I.-I ,I. - c.:I.p -1 :,1,, :1 j, I J, ,-:, It YX 1 1-. 1 Yki0d :An,11 ILI dr, I U. 1 Cl. -1 t., lit,. WT e,. to nt J ;.I', It. ffE7r.M rnlrlll In-"Ai — I , j I, I I, Jy Ifif. It d'-I>II 1. 'll K tcl lit ! In'.. 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ILI,: it 1 "irtl I A it •t 1) & lj,u: I I'll JP 11 k 1'.-I 1 n I.,If I 1 11, It, I'lln Will A I,-1 1. r Pli l t.111 n ILL[, 1,1; In: .11. ol'oY it .1i, I, ..l 1. 1, to rovin- I 66 CITY OF MIRAMAR ADDENDUM #RFP 07-12-03 EMS BILLING The changes listed below are hereby made to and incorporated into the solicitation number RFP 07-12-03 entitled "EMS BILLING AND COLLECTION SERVICES". 1. The due date for this bid is hereby changed from 2:00 PM January 16, 2007 to 2:00 PM February 6, 2007. END ADDENDUM 1 CITY OF MIRAMAR ADDENDUM # 2 RFP 07-12-03 EMS BILLING The changes listed below are hereby made to and incorporated into the solicitation number RFP 07-12-03 entitled "EMS BILLING AND COLLECTION SERVICES". 1. The due date for this bid is hereby changed from 2:00 PM February 6, 2007 to 2:00 PM February 13, 2007. END ADDENDUM 2 CITY OF MIRAMAR ADDENDUM #3 RFP 07-12-03 EMS BILLING The changes listed below are hereby made to and incorporated into the solicitation number RFP 07.12-03 entitled 'EMS BILLING AND COLLECTION SERVICES". 1. the due date for this bid is hereby changed from 2:00 PM February 13, 2007 to 2:00 PM Tuesday February 27, 2007. END ADDENDUM #3 ADDENDUM #3 The following changes are hereby made to and incorporated into the solicitation number RFP #07-12-03, entitled "EMERGENCY MEDICAL TRANSPORT BILLING AND COLLECTION SERVICES". 1) The DUE DATE is hereby changed to TUESDAY, MARCH 6`h, 2007. The DUE TIME shall remain the same. Proposers shall acknowledge receipt of this Addendum by inserting its number and date on page entitled "Addenda Acknowledgement Form" in the Solicitation. END OF ADDENDUM #3 ADDENDUM #4 The following changes are hereby made to and incorporated into the solicitation number RFP #07-12-03, entitled "EMERGENCY MEDICAL TRANSPORT BILLING AND COLLECTION SERVICES". 1) The following questions and responses are made an integral part of the solicitation: Questions submitted by Diversified Ambulance Billing Question #1: What is the name of the current vendor (if applicable) used for Emergency medical Transport Billing and Collection Services? Response: South Florida Hospital District Question: What is the "percentage fee" charged by the current vendor (if applicable) for Emergency medical Transport Billing and Collection Services? Response: 8.5% Question: How long has the current vendor (if applicable) provided contractual services to the City? Response: 10 years Question: Has this request for proposal (RFP) been issued because the current contract for work is about to expire (or has expired) or was it issued for another reason? Response: No, for another reason. Question: If this RFP was issued for "another reason," please describe the reason in detail? Response: The current contracted organization has opted to get out of the EMS billing business. Question: For the City of Miramar's last fiscal year (or previous fiscal year if"last fiscal year" data is NOT available), please provide the following information: A. Fees/Charges for Advanced Life Support (ALS) "level 1" (ALS-1) transport. B. Fees/Charges for "level 2" (ALS-2) transport, if more than "ALS-1 ." C. Fees/Charges for of Basic Life Support (BLS) transport. D. Fees/Charges Specialty Care Transport (SCT), if provided. E. Fees/Charges for mileage. Response: As set forth by City ordinance 05-83 and in accordance with Medicare guidelines. A. Fees/Charges for ALS level 1 = $360.00 B. Fees/Charges for ALS level 2 = $450.00 C. Fees/Charges for BLS = $325.00 D. Fees/Charges for SCT = N/A E. Fees/ Charges for Mileage = $6.00 Question: For the City of Miramar's last fiscal year (or the previous fiscal year if "last fiscal year" data is NOT available), please provide the following information: A. Number of Advanced Life Support (ALS) "level-1" (ALS-1) transports. B. Number of ALS "level-2" (ALS-2) transports. C. Number of Basic Life Support (BLS) transports. D. Number of Specialty Care Transports (SCT), if provided. Response: A. Number of ALS 1 = 3000 B. Number of ALS 2 = 50 +/- C. Number of BLS = 1200 D. Number of SCT =N/A Question: For the City of Miramar's last fiscal year (or the previous fiscal year if "last fiscal year' data is NOT available), please provide the following: A. Total "charges" billed to emergency medical transport patients during this fiscal year. B. "Mandated write-offs" (charge that could not be collected by law or City policy). C. Total "payments" deposited during this fiscal year (reported as 'revenue" for governmental accounting purposes). D. Total charges considered "uncollectible" or "bad debt' by the City or the City's Emergency Medical Transport Billing vendor. Response: For the City's last fiscal year: A. Total charges billed to EMS transport patients = $1,514,560.80 B. Mandated write offs = $40,720.00 C. Total payments deposited during fiscal year = $880,946.00 D. Total charges considered uncollectible = $102,486.00 Question: For the City of Miramar's last fiscal year (or the previous fiscal year if "last fiscal year" data is NOT available), please provide the following: A. The number or percentage of patient charges paid by MEDICARE. B. The number or percentage of patient charges paid by MEDICAID. C. The number or percentage of patient charges paid ONLY by COMMERCIAL HEALTH-CARE INSURANCE. D. The number or percentage of patient charges paid ONLY by CASH, CHECK or OTHER MEANS when the patient was UNINSURED. E. The number or percentage of patient accounts that qualified for "HARDSHIP" status with payment plans, reductions or"write-offs." Response: For the last fiscal year A. Percentage of MEDICARE = 13.6% B. Percentage of MEDICAID = 13.6% C. Percentage of COMMERCIAL HEALTH-CARE = 43.7% D. Percentage of CASH, CHECK or OTHER MEANS = 29.1% E. Percentage of "HARDSHIP" _ $31,485.00 Question: Is the city currently using an "electronic patient care report" (E-PCR) for patient reporting purposes? Response: Yes Question: If the City is using an E-PCR, what is the name and version number of the soft ware used for this purpose? Response: Zoll Data's EMS Pro. Question: If the City is currently using a vendor to provide Emergency Medical Transport Billing and Collection Services, when was the last audit completed by the City covering the vendor's procedures and practices? Response: An audit has not been performed as of this date. Question: If an audit of the vendor was completed by the City, did the City Auditor (or "negative findings" or other issues that other party) identify required action and/or g g correction on the part of the vendor? Response: Not applicable. Question: If "negative findings" or other issues were identified as part of a City audit, please list and summarize each item. Response: Not applicable. Question submitted by Trinity Medical Services Question: What is the expected average volume of monthly placements in number of accounts? Response: Currently the City of Miramar Fire-Rescue is performing the following average transports per month: Basic Life Support- 100 Advanced Life Support 1 - 230 Advanced Life Support 2 - 10 Total 340 The breakdown of payers is as follows: Medicare 13.6% Medicaid 13.6% Managed Care 21.6% Private Insurance 22.1% Self Pay 29.1% Questions submitted by Advanced Data Processing, Inc. Question: Florida Statutes stipulate that billing agents may not charge on a percentage basis of what they collect for their services of collecting Medicaid payments. Page 33, subpara 4 of the RFP, "Minimum Requirement" correctly states, "Invoice the city on a monthly basis..... Based on a flat fee for Medicaid and percentage of other fees collected". However, in other portions and especially the pricing sheet (page 51) this is not reflected. Shouldn't the pricing provide a percentage for all fees except collecting for Medicaid accounts and, a flat fee for Medicaid accounts? Response: Yes. See #2 including the attached SECTION 6 REVISED PRICE PROPOSAL SHEET and SECTION 6 REVISED PRICE PROPOSAL SHEET (CONT.) Question: Five points are allocated for being a "Tri-County Business". How are these points awarded? Are a higher number of the five points awarded to the business located closest to the City or to a business located in Broward County? Response: The five (5) points are give in whole, (not in part, ) to any business residing within the Tri-County Area. Proximity to the City of Miramar shall not be a factor for the award of these five (5) points. The five (5) points will not be awarded to businesses residing in any City or County outside of the boundaries of the Tri-County area. Question: Page 8, subpara E. states that two points or 2% is granted for local preference. Is this in addition to the points allocated for "Tri-County Business"? Would "local" then mean Broward County or, how do you qualify as a "Local Vendor"? Response: The two (2) points are give in whole, (not in part, ) to any business residing within the boundaries of the City of Miramar. Location within the City of Miramar shall not be a factor for the award of these two (2) points. The two (2) points will not be awarded to businesses residing in any City or County outside of the boundaries of the City of Miramar. Question: Points are allocated for MBE/SBE participation. The RFP does not include any rules regarding MBE/SBE participation. Is there a source for obtaining such rules? Can the MBE or SBE vendor chosen for participation be qualified by a City within Broward County other than the City of Miramar? Response: Qualified MBE/SBE firms mean firms that have been qualified as such by Broward County. Such participation of subcontractors is at the sole option of the Proposer. The Greater the participation, the greater the amount of points awarded in the is category to a maximum of ten (10) points. Question: The RFP requires a listing of subcontractors. Our company uses a number of vendors in the routine delivery of our total services. Does this listing requirement only pertain to those subcontractors (of which are over $25,000 in contract value) to be used exclusively for the City of Miramar? Response: Yes, this listing requirement only pertains to those subcontractors over $25,000 in contract value, to be used exclusively for the performance of the resulting contract with the City of Miramar? Question: Can we provide additional services and the pricing for those included as an option to our proposal as long as we also provide in our proposal the pricing and services as required in the RFP? Response: Prospective Proposers may include additional services and pricing as an option to their Proposal, provided that their Proposal for items and services as requested by the City are not in any way contingent upon accepting the optional items as well. Question: Are we permitted to mark a portion of the document (ie. financial statements) as CONFIDENTIAL as that they will not be disclosed in a FOIA request Response: The vendor may mark any item as confidential, yet the provisions of Florida State Statutes Chapter 119 , concerning Public Records shall apply be applied according to the interpretation of the City Attorney for the City of Miramar. 2) Delete page 51, entitled SECTION 6, PRICE PROPOSAL SHEET in its entirety and replace with the attached pages 51(a) and 51(b) entitled SECTION 6, REVISED PRICE PROPOSAL SHEET and SECTION 6, REVISED PRICE PROPOSAL SHEET (CONT.), respectively. SECTION 6 REVISED PRICE PROPOSAL SHEET 6-1 FEE SCHEDULE a) Provide your fees for the proposed services. PRICE PROPOSAL SHALL BE SUBMITTED IN A SEPARATE SEALED ENVELOPE MARKED "PRICE PROPOSAL Percentage Fee (expressed numerically) % Percentage Fee (expressed in words): percent. Flat Fee for MEDICARE (expressed numerically) $ Flat Fee for MEDICARE (expressed in words): dollars and /100s. Flat Fee for MEDICAID (expressed numerically) $ Flat Fee for MEDICAID (expressed in words): dollars and /100s. 51(a) SECTION 6 REVISED PRICE PROPOSAL SHEET (CONT.) Taxpayer Identification Number (TIN) BIDDER: (Company Name) (Signature) (Printed Name & Title) FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM SHALL DEEM YOUR BID NON-RESPONSIVE 51(b) Proposers shall acknowledge receipt of this Addendum by inserting its number and date on page entitled "Addenda Acknowledgement Form" in the Solicitation. END OF ADDENDUM #4 dWh a! a!qi sa r i id �hea nfld d I�Lqd�i 6} i I d ! r a d3� 3 ! Rpfl11 TE 141diE$(i ■ i �4 G I t O hV M v N � 3 3 33'Er' r t (V A.t my 3E r IMEIN- �4';�a� N aM fro 3 dIE!L„Ir 34 E:5 d ii i ji-UTT:.. O r3 I .ilii Ned, . ut h�+a] m`'�G��3 �Fi 4.E9}SEC d 3',�^? i. ,t d �'�! 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(n 4c 0 m S 0 (3) < CK 0 LL 0 > OF 41 - U NC: L cu ■� •E i � U OO L - Q `�- E CoL. � 4CM a) O CD U O � •� .� co N � L ' E _ U CO V CM CO W L CU O z � 5 4- 0 Q < �.., O N � 16 cu U U o I Q QI. �.�..� c b a U) a v D } ry d 4 0 N QL � � • c 0 0 • a U � m H. o N ) LV c � A LLJ (,,,) • • Z po y"'" 0o 09 4 O u Q) A v v cx `rr .,.»....��,.W....,d...w Oro 0 • • I M 'U � U C N 0 a) C E O U� c ._ p � o O � z O O w � C� •0 = v V = E o •— ^^,, Co Z W ♦.j E W O LO cn co 0 LO CD L6 609- co co Lo Qo ■ ■ ■ ■ ■ CITY OF DANIA BEACH Agenda Item # 7 Agenda Request Item Date of Commission Meeting: 9-25-2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: {Cd-5- —E W aw a ems 13.L{ �' .` { - tk :S ...I Approval to purchase medical supplies and pharmaceuticals from Memorial Regional Hospital not to exceed $20,000.00. t ' aN � { s 9 F sxaadz' x `S'4c„1e�;E'F is a .. .. a P�1 I E.4 E sr {, .. 5 4:: NNI Required by City of Dania Beach Charter. ia Y 5 k 1 Allows the purchase of pharmaceuticals and medical supplies. 0. ti � m1m 4vru�'4E { 3Cm Isla `` {_ y { {lp C nm Dept: 2201 Fire Rescue Acct#: 001-2201-522.52-70 Amt: $20,000.00 Fund: General: ❑X water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ .,, ,us+� r< E:'r'; e ., ,.. . .... , ... HE 1.,.0b2.. s. Purchasing from this vendor, we are able to utilize the same supplies used by all area hospitals in patient treatment modalities. (This allows for an expeditious transfer of our patients to awaiting emergency medical personnel without having to change treatment aspects based on differences in catheters, tubing or other medical equipment utilized in patient care setting). Additionally, Dania Beach Fire Rescue orders and receives all it's pharmaceuticals through the hospital pharmacy in a trade of used drug box for new, allowing for no medications to be purchased, and or stored at the fire department. All detailed paperwork relating to controlled substances governed by the DEA are recorded and protected by the hospital pharmacy. This Resolution deals with purchases made in FY 2007/2008 not to exceed $20,000.00. Not to exceed $20,000.00 per fiscal year. N (1) Resolution authorizing the city manager to purchase supplies, services, equipment and materials from Memorial Regional Hospital in the amount not to exceed $20,000.00. Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Michael Cassano Date 09/13/07 Department Director Michael Cassano Date 09/13/07 Assistant City Manager Colin Donnelly Date 09/13/07 HR Director Date Finance Director Patricia Varney Date 09/13/07 City Attomev Thomas J. Ansbro Date 09/13/07 City Manager Ivan Pato Date 09/13/07 User Creating Item Item Name (do not use/or\ in name) Michael Cassano 2007 Memorial Regional Medical Supply Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-174 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM MEMORIAL REGIONAL HOSPITAL IN AN AMOUNT NOT TO EXCEED $20,000.00 FOR FISCAL YEAR 2007-2008, FOR THE PURCHASE OF MEDICAL SUPPLIES AND PHARMACEUTICALS, 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), provides that during unusual conditions or emergencies, the City Commission may, by resolution, authorize the purchase by the City Manager of designated supplies, services, equipment and materials in amounts in excess of Fifteen Thousand Dollars ($15,000.00) without competitive bidding and without advertisement for bids; and WHEREAS, the City Manager has determined that it is necessary to purchase designated supplies, services, equipment and materials from Memorial Regional Hospital for medical supplies and pharmaceuticals for use by the City of Dania Beach Fire-Rescue Department to ensure patient care; and WHEREAS, the City Manager has determined that such purchases can be made at competitive pricing and with timely delivery from Memorial Regional Hospital; 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 pay an amount not to exceed $20,000.00 for fiscal year 2007/2008, from the City of Dania Beach Fire-Rescue Department budget to Memorial Regional Hospital, for the purchase of medical supplies and pharmaceuticals. 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 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#2007-174 CITY OF DANIA BEACH Agenda Item # 7 114 Agenda Request Item 1W Date of Commission Meeting: 9-25-2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: RegU@St@d Aci tion: .,gdenfity spp{opdste Action or Motion) Approval to purchase medical supplies and pharmaceuticals not to exceed the amount of$30,000.00. Why Aetionils.f+lecessaijr Required by city charter. What'A&S'At eomplishes: Continued purchasing from Broward Sheriffs Office, Department of Fire-Rescue Logistics. f'tircfias7ng;RequestsONt,Y' ' Dept: 2201 Fire Rescue Acct#: 001-2201-522.52-70 Amt: $30,000.00 Fund: General: ❑X water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Beipk rg urid Benefits provided by this vendor: Utilization of a formal bid process, any purchase over$10,000.00 in bulk cost requires 3 bids, any bulk purchase over$30,000.00 requires 6 bid process, with the majority of their purchases over$30,000.00 allowing us to have the lowest possible bulk pricing available. Additionally they offer, next day delivery at no charge, no administrative costs, maintenance of fully stocked warehouse all equates to the best local resource of needed medical supplies. imi�acticaststuntriary Budgeted expense. Exhibits AttaChecl . Resolution authorizing the city manager to purchase supplies, services, equipment and materials from BSO Fire-Rescue Logistics in an amount not to exceed $30,000.00. Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Ait#ititFzed Signatrras Submitted by Michael Cassano Date 09/13/07 Department Director Michael Cassano Date 09/13/07 Assistant City Manager Colin Donnelly Date 09/13/07 HR Director Date Finance Director Patricia Varney Date 09/13/07 City Attorney Thomas J. Ansbro Date 09/13/07 City Manager Ivan Pato Date 09/14/07 User Creating Item Item Name (do not use/or\in name) Michael Cassano BSO Medical Supplies Chit Cierk`Use° " Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-175 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM THE BROWARD SHERIFF'S OFFICE, DEPARTMENT OF FIRE- RESCUE, IN AN AMOUNT NOT TO EXCEED $30,000.00 FOR FISCAL YEAR 2007-2008, FOR THE PURCHASE OF MEDICAL SUPPLIES AND PHARMACEUTICALS, 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), provides that during unusual conditions or emergencies, the City Commission may, by resolution, authorize the purchase by the City Manager of designated supplies, services, equipment and materials in amounts in excess of Fifteen Thousand Dollars ($15,000.00) without competitive bids and without advertisement for bids; and WHEREAS, the City Manager has determined that it is necessary to purchase designated supplies, services, equipment and materials from the Broward Sheriff's Office, Department of Fire-Rescue, for medical supplies and pharmaceuticals for use by the City of Dania Beach Fire- Rescue Department to ensure patient care; and WHEREAS, the City Manager has determined that such purchases can be made at competitive pricing and timely delivery from the Broward Sheriffs Office, Department of Fire- Rescue; 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 pay an amount not to exceed $30,000.00 for fiscal year 2007/2008, from the City of Dania Beach Fire-Rescue Department Budget to the Broward Sheriffs Office, Department of Fire-Rescue, for the purchase of medical supplies and pharmaceuticals. 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 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#2007-175 CITY OF DANIA BEACH FIRE DEPARTMENT INTER-OFFICE MEMO TO: Deputy Chief Cassano FROM: Division Chief Benjamin Rudbeck RE: BSO Logistics Price Comparison DATE: September 10, 2007 Prior to the beginning of each budget year, I make it a point to conduct a simple price comparison for medical supplies. As you can see below, I have selected three items at random and compared the prices we are getting from BSO Logistics with two other vendors. Like in previous years, the prices we are getting from logistics are the lowest of the three. As a result, my suggestion is to continue purchasing the bulk of our medical supplies from BSO Logistics. Medical Supplies Prices Nasal Cannual Non-Rebreather o2 Mask OB Kit BSO Logistics $0.31 $0.87 $4.44 EMS USA $0.39 $1.29 $7.95 ALLMED.NET $0.64 $1.74 $6.85 CITY OF DANIA BEACH Agenda Item # /. /37 Agenda Request Item Date of Commission Meeting: 9-25-2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Requested_Action "((denfityappio0date Action orMotion) Adopt Resolution for the renewal of The Preventive Maintenance and Repair Services Agreement existing between the City of Dania Beach and The City of Hollywood. Why Action is Necessary Fleet Maintenance Services on emergency vehicles can not be accomplished by the city. What Action Accomplishes Allows for Dania Beach Fire Rescue apparatus to continue to be serviced by certified EVT specialists. Purchasing Requests ONLY ' Dept: 2201 Fire Rescue Acct#: 001-2201-522.46-30 Amt: $75,000.00 Fund: General: ❑X water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background Dania Beach Fire Rescue has utilized the City of Hollywood's Fire Rescue Fleet Maintenance Division for the past 3 years. During that time,we have recognized improvements in; emergency apparatus turn-around times, budget allocations for vehicle repair and improved overall records regarding each vehicles repair history. In moving forward to support extending this current agreement the administration for Dania Beach Fire Rescue assessed other Certified Emergency Vehicle (EVT)vendors, with the following results: (1) Broward County Fleet Maintenance Center: Hourly Rate = $68.00 (2) Hollywood Fleet Maintenance Division: Hourly Rate= $50.00 (3)Tecom Fleet Services: Non-Responsive& previous rate provided in 2004, required 40 hour per week miniMum which is above our budgeted amount for 2008 FY line item. The$18.00/hour less expensive rate, the"actual cost"for required sublet repairs, the current experience of excellent turn-around times for emergency work results in the rationale for Dania Beach Flre Rescue to fully support continuation of this Agreement for Fleet Preventive and Maintenance work. Article (5)Termination: allows for the termination of this agreement with the provision of a 90 day notice. Fiscal Impact/Cost Summary Budgeted line item not to exceed $75,000,00 per year. Exhibits Attached (1) Resolution (2) New Fleet Maintenance Agreement 2007 -2010 TExhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 MUM Authorized Signatures Submitted by Michael Cassano Date 09/14/07 Department Director Michael Cassano Date 09/14/07 Assistant City Manager Colin Donnelly Date 09/14/07 HR Director Date Finance Director Patricia Varney Date 09/14/07 City Attorney Thomas J. Ansbro Date 09/14/07 City Manager Ivan Pato Date 09/18/07 User Creating Item Item Name (do not use/or\ in name) Michael Cassano Preventive Maintenance and Repair 2007 City Clerk Use Commission Action: Approved: 71 Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-184 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF A SUM NOT TO EXCEED $75,000.00 FOR FISCAL YEAR 2007-2008 AND THE SUCCEEDING TWO YEARS IN CONNECTION WITH THE RENEWAL OF THE PREVENTIVE MAINTENANCE AND REPAIR SERVICES AGREEMENT EXISTING BETWEEN THE CITY OF HOLLYWOOD AND THE CITY OF DANIA BEACH; 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 expenditure of a sum not to exceed $75,000.00 for fiscal year 2007- 2008 and for the succeeding two years in connection with the renewal of the existing Interlocal Agreement between the cities of Dania Beach and Hollywood for Preventive Maintenance and Repair Services rendered by the City of Hollywood for Dania Beach Fire Department vehicles is approved. 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 adoption. PASSED AND ADOPTED on BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY INTERLOCAL AGREEMENT FOR PREVENTIVE MAINTENANCE AND REPAIR SERVICES BETWEEN THE CITY OF HOLLYWOOD, FLORIDA AND CITY OF DANIA BEACH. FLORIDA THIS AGREEMENT made and entered into this day of 2007, by and between the CITY OF HOLLYWOOD, FLORIDA, a municipal corporation of the State of Florida (hereinafter "HOLLYWOOD") and the CITY OF DANIA BEACH, FLORIDA, a municipal corporation of the State of Florida, (hereinafter "DANIA BEACH"). WITNESSETH : WHEREAS, DANIA BEACH, by and through its Fire-Rescue Department, requested that HOLLYWOOD provide it with fleet services which includes preventive maintenance and repairs on its emergency apparatus; and WHEREAS, HOLLYWOOD's Fire Rescue Department operates and manages its own vehicle maintenance and repair operations and has experience in such services; and WHEREAS, HOLLYWOOD is willing to provide fleet services to DANIA BEACH FIRE DEPARTMENT'S vehicles; and WHEREAS, this Agreement is entered into pursuant to Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969", and pursuant to Chapter 166, Florida Statutes, known as the "Municipal Home Rule Powers Act;" t NOW THEREFORE in consideration of the mutual promises and te rms and conditions set forth herein, the parties hereby agree as follows: ARTICLE 1 AUTHORITY, RESPONSIBILITIES AND CONDITIONS PRECEDENT 1.1 PREAMBLE—The above recitals are true and correct and incorporated herein by reference. 1.2 This Interlocal Agreement is entered into pursuant to the provisions of Section 163.01, Florida Statutes, entitled "Florida Interlocal Cooperation Act of 1969," and all applicable provisions of said Act are made a part hereof and incorporated herein as if set forth at length in this Agreement. This Interlocal Agreement, and any and all subsequent amendments to this Agreement, shall be filed with the Clerk of the Circuit Court of Broward County, Florida. ARTICLE 2 TERM OF AGREEMENT This Agreement shall be for a three (3) year term, commencing on , 2007 and will continue through 2010. This Agreement may be renewed by the parties for two (2) successive, three (3) year terms, with the approval of both the DANIA BEACH City Commission and the HOLLYWOOD City Commission. ARTICLE 3 SCOPE OF SERVICES 3.1 HOLLYWOOD shall provide Fleet Services relating to preventive maintenance and repair of DANIA BEACH's fire-rescue vehicles, engine vehicles and aerial vehicles, as more specifically set forth in Exhibit "A" attached hereto and incorporated herein by reference. 3.2 The parties agree that the maintenance and repair of HOLLYWOOD vehicles shall be given first priority; however, fleet services to DANIA BEACH's vehicles shall be treated with the same urgency and completed within a reasonable time frame. 3.3 QUALITY OF WORK — All work will be performed at the highest level of quality possible. All work will be performed by or supervised by an ASE Master Mechanic. Work that is specific to fire apparatus will be performed or supervised by a certified EVT Technician. 3.4 PREVENTIVE MAINTENANCE SCHEDULING AND COMPLETION PERFORMANCE — As preventive maintenance and repair will be the primary product to be delivered in this Scope of Services, a great deal of emphasis will be placed upon all aspects of preventive maintenance such as: On-time completion; customized scheduling (miles/hours); time; fuel consumption (if data is available); and severity of use. 3.5 FABRICATION AND WELDING CAPABILITIES — Fabricating and welding will be done at the HOLLYWOOD's Fire Garage leeaiea an 6430 "Bosley StFeet or on a site with mobile welding equipment. 3.6 PARTS — All parts used will be purchased by HOLLYWOOD. Prices for parts will be marked up 10% to cover the cost of inventory operations. All parts will meet or exceed manufacturer's specifications. 2 3.7 PUMP TESTING - HOLLYWOOD will schedule annual pump tests. Tests will be administered by two (2) Certified Mechanics who will be on site during pump testing to repair any minor repair that comes up during the pump test. 3.8 PREVENTIVE MAINTENANCE PERFORMANCE — HOLLYWOOD will incorporate the DANIA BEACH equipment in HOLLYWOOD's preventive maintenance scheduling process. A customized schedule will be developed with DANIA BEACH to ensure that preventive maintenance is done at the right interval, to be considered are: a) usage, miles/hours b) time c) fuel consumption d) severity of use 3.9 PREVENTIVE MAINTENANCE SCHEDULING OF NEW VEHICLES AND EQUIPMENT — Upon new equipment being received into DANIA BEACH's fleet, discussions will be held by the parties to determine the proper preventive maintenance intervals for the new equipment. It will then be entered into the system for automatic scheduling. 3.10 VEHICLE PREPARATION — Preparation of vehicles to be placed into service or removed from service will be performed in accordance with a schedule established by the parties. Preparation/decommissioning charges will be handled by work orders charging time and material at the agreed upon rates. 3.11 ACCIDENTS—Accidents will be handled as "Directed Work". 3.12 OPERATIONS DURING EMERGENCY — HOLLYWOOD will provide the "Scope of Services" during any Emergency Operations. Charges incurred during Emergency Operations will be handled as "Directed Work" by HOLLYWOOD. 3.13 VEHICLE TOWING — DANIA BEACH will be responsible for all towing of DANIA BEACH equipment and vehicles. 3.14 PERMITS, LICENSES AND FEES. HOLLYWOOD will secure any and all necessary permits, licenses, or fees associated with the delivery of maintenance services. 3.15 NORMAL HOURS OF OPERATION. HOLLYWOOD will be open Monday through Friday from 8:00 a.m. to 4:00 p.m. during normal work weeks. HOLLYWOOD will be closed on approved City holidays. 3 3.16 INVESTIGATIONS — HOLLYWOOD will assist DANIA BEACH's FIRE DEPARTMENT in any vehicle related investigation to the best of its ability. Investigation costs will be handled through the work order system charging for time and material at the agreed upon rates. 3.17 NOTIFICATION — HOLLYWOOD will notify by telephone or radio the appropriate DANIA BEACH division head fer of any vehicle being held out of service for maintenance for a period of 24 hours or more. Further, HOLLYWOOD will notify by telephone or radio the appropriate DANIA BEACH division head of any repair that will exceed $500.00. Approval will be obtained prior to repair. 3.18 CHANGES TO THE FLEET - DANIA BEACH shall notify HOLLYWOOD of any changes to its fleet. 3.19 WASTE — HOLLYWOOD will be responsible for the transportation and proper disposal of any waste generated during the maintenance process. Disposal will be in accordance with any and all regulatory agencies. 3.20 WARRANTY - All repairs, including parts and labor will be under warranty for ninety (90) days following the repair. The same failure occurring within the ninety (90) day period will be repaired free of charge. HOLLYWOOD will assist DANIA BEACH in securing warranty service for equipment operating under an OEM warranty. Work will be performed by the appropriate vendor with reimbursement being made directly to HOLLYWOOD. DANIA BEACH will be liable for any vendor charges that are not covered under the warranty agreement. 3.21 DIRECTED WORK/REPAIRS — DANIA BEACH may direct HOLLYWOOD to perform additional tasks under this agreement. HOLLYWOOD may request that DANIA BEACH deem that certain extraordinary repairs fall under the guidelines of Directed Work. 3.22 WELDING AND FABRICATION - Welding and fabrication costs will be billed at cost of parts plus labor. 3.23 REPAIR PRIORITY - Repair priority for DANIA BEACH vehicles and equipment will be established by DANIA BEACH. HOLLYWOOD will adjust or modify any in progress repairs to the dynamic needs of DANIA BEACH. It is standard practice that preventive maintenance has the highest priority subject to change only by DANIA BEACH. (a) Quick-fix repairs (less than one hour) will be performed upon request contingent upon HOLLYWOOD's schedule. This priority for quick-fix repairs for DANIA BEACH vehicles and equipment may be modified by DANIA BEACH. 4 (b) Overall maintenance priority for DANIA BEACH vehicles and equipment will be dictated by DANIA BEACH. HOLLYWOOD may make recommendations as to priority changes, but will only affect priority changes with DANIA BEACH's approval. ARTICLE 4 PAYMENT OF SERVICES 4.1 HOLLYWOOD's FIRE DEPARTMENT shall submit invoices to DANIA BEACH on a monthly basis for preventive maintenance and repair services, inclusive of costs for parts and labor, provided to DANIA BEACH. (All preventive maintenance costs are subject to change depending upon the current price at the time of maintenance and repairs). 4.2 Upon receipt of such invoices, DANIA BEACH shall remit payment for the aforementioned services within fifteen (15) days of the invoice date. All payments shall be sent to Hollywood's Fire Chief at 2741 Stirling Road, Hollywood, Florida 33312. 4.3 If for any reason payment is not received within twenty (20) days, DANIA BEACH will be considered to be in default and HOLLYWOOD reserves the right to terminate this Agreement within five (5) days of said default, or, in its sole discretion, to bring an action in an appropriate court of law. Any payments made after twenty (20) days will be subject to 1% a month late payment charge (12% annually). 4.4. RATE STRUCTURE AND COST INFORMATION — The following shall be the labor rate structure relating to PREVENTIVE maintenance and repair services provided, plus the cost of parts. The labor rates shall be reviewed on an annual basis and if any change is required, the parties will modify this agreement in writing pursuant to Article 9, Section 9.3. All part costs are subject to change depending on the current market/industry cost at the time services are performed. Hourly Labor Rate (directed work) $ 50.00 per hour plus parts Emergency Road Service (8:00 a.m. to 4:00 p.m.) 50.00 per hour plus parts Emergency Services After Hours (call out) 72.50 per hour plus parts Directed Work After Hours (Contiguous with shift) 72.50 per hour plus parts Vehicle Preparation 50.00 per hour plus parts New vehicle inspection out of area 50.00 per hour plus travel (8:00 a.m. to 4:00 p.m.) expenses and 36.00 per day per diem In-house Welding and Fabricating 50.00 per hour plus parts Parts City cost plus 10% Sublet/Outside Repairs/Accidents Actual Cost and Direct Fleet Service Costs 5 ARTICLE 5 TERMINATION OF AGREEMENT This Agreement may be terminated by either party upon ninety (90) days prior written notice from the terminating party in accordance with the Notice requirements set forth in Article 6. ARTICLE 6 NOTICE Whenever either party desires to give notice to the other, it must be given by written notice, sent by certified United States mail, return receipt requested and addressed to the party for whom it is intended, at the addresses designated below. The place for giving notice shall remain the same unless changed by either party. For the present, the parties designate the following as the respective places for giving notice: AS TO HOLLYWOOD: Fire Chief 2741 Stirling Road Hollywood, FL 33312 WITH COPIES TO: City Manager 2600 Hollywood Boulevard, Room 401 Hollywood, FL 33020 City Attorney 2600 Hollywood Boulevard, Room 407 Hollywood, FL 33020 AS TO DANIA BEACH: City Clerk 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 ARTICLE 7 INDEMNIFICATION 7.1 DANIA BEACH shall indemnify and hold harmless CITY OF HOLLYWOOD and its officers, employees, agents, and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the CITY OF HOLLYWOOD or its officers, agents, and instrumentalities may incur as a result of claims, demand, suits, causes of actions or proceedings of any kind arising out of, relating to or resulting from this agreement or acts or omissions of the DANIA BEACH FIRE DEPARTMENT. DANIA BEACH FIRE DEPARTMENT shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of HOLLYWOOD, where applicable, which may issue hereon. Provided, however, this indemnification shall only be to the extent and within 6 the limitations of Section 768.28, Florida Statutes, subject to the provisions of the Statute whereby the government entity shall not be held liable to pay personal injury or property damage claim or judgment or portions thereof, which when totaled with all other claims or judgment paid by the government entity arising out of the same incident or occurrence, exceed the sum of$100,000 from any and all personal injury or property damage claims, liabilities, losses or cause of action which may arise as a result of the negligence of the government entity. ARTICLE 8 JURISDICTION, VENUE AND GOVERNING LAW This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Agreement shall be held in Broward County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 9 MISCELLANEOUS 9.1 THIRD PARTY RIGHTS — Neither party intends to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than HOLLYWOOD and DANIA BEACH. 9.2 WAIVER — No waiver of any provision in this Agreement shall be effective unless it is in writing, signed by the party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. 9.3 ENTIRETY OF THE AGREEMENT — The HOLLYWOOD and DANIA BEACH agree that this Interlocal Agreement sets forth the entire agreement between the parties and that there are no promises or understandings other than those stated herein. None of the provisions, terms or conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except through written consent and approval of both the DANIA BEACH Commission and the HOLLYWOOD Commission. Any modifications to this Agreement shall be through written instrument executed by the parties. In the event of any conflict or inconsistency between this Agreement and the provisions in the incorporated Exhibits, if any, the terms of this Agreement shall supersede and prevail over the terms in the Exhibits. 7 9.4 SEVERABILITY — If any term or provision of this Agreement, or the application thereof to any person, entity or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons, entities or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 9.5 EXHIBITS — The Exhibits referred to in this Agreement, if any, are hereby incorporated into this Agreement by reference. 9.6 OWNERSHIP OF DOCUMENTS — Any and all reports, photographs, surveys, and other data and documents provided or created by the HOLLYWOOD FIRE DEPARTMENT'S Fleet Services Division with this Agreement are and shall remain the property of HOLLYWOOD. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by DANIA BEACH, whether finished or unfinished, shall remain the property of DANIA BEACH. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: CITY OF DANIA BEACH, by and through its City Commissioners, signing by and through its Mayor, authorized to execute same on the day of 2004, and HOLLYWOOD CITY COMMISSION, signing by and through its Mayor, authorized to execute same on the day of 2007. CITY OF HOLLYWOOD, FLORIDA, a municipal corporation of the State of Florida ATTEST: BY: PATRICIA A. CERNY, MMC MARA GIULIANTI, MAYOR CITY CLERK DATE: 2007 APPROVED AS TO FORM AND LEGALITY for the use and reliance APPROVED BY: of the City of Hollywood, Florida, only. CAMERON D. BENSON, CITY MANAGER ALAN FALLIK, INTERIM OR HIS DESIGNEE. VIRGIL FERNANDEZ, CITY ATTORNEY FIRE CHIEF 8 INTERLOCAL AGREEMENT FOR PREVENTIVE MAINTENANCE AND REPAIR SERVICES BETWEEN CITY OF HOLLYWOOD, FLORIDA AND DANIA BEACH, FLORIDA CITY OF DANIA BEACH: CITY OF DANIA BEACH, FLORIDA, a municipal corporation of the State of Florida ATTEST: BY: LOUISE STILSON, CITY CLERK BOB ANTON, MAYOR APPROVED AS TO FORM AND BY: LEGALITY for the use and reliance IVAN PATO, CITY MANAGER of the City of Dania Beach, Florida, only. DATE: 12007 TOM ANSBRO, CITY ATTORNEY 9 A --- CITY OF DANIA BEACH Agenda Item # 7. 14 Agenda Request Item Date of Commission Meeting: 9-25-2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid IRFP ❑ Presentation ❑ Continued from: Requested Acton '(Idenflty appropriate Action or Motion) Adopt a Resolution allowing for the continuation of Automatic and Mutual Aid with the City of Hollywood. Why Action Is Necessary Action allows for the proper city officials to execute Joint Coverage, Automatic and Mutual Aid with the City of Hollywood. What Action Accomplishes Continuation of Automatic Aid Agreement. Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation)Background The City of Dania Beach Fire Rescue and the City of Hollywood Fire Rescue have established a "Closest Unit Response" program through a previously established Automatic Aid Agreement. Said Agreement has benefited both municipal based fire and rescue services in allowing for the sharing of Advanced Life Support Transport Units and all types of fire suppression units, along with their personnel, deployed between the two cities in the handling of various emergency response scenarios. The Agreement also allows for the sharing of Incident Commanders (IC) Battalion Chiefs, the utilization of Hollywood Fire Rescues' EMS road Captain on all structure fires and the usage of the Hazardous Materials, Technical Rescue Team and Dive team as part of the shared service Agreement. Fiscal Impact/Cost summary This Agreement results in the EMS transport of some 1,000 patients annually by dania Beach Fire Rescue, resulting in the generation of transport fee revenue. Exhibits Attached (1) Resolution for Joint Coverage, Automatic and Mutual Aid (2)Agreement (3) Regional Service Maps showing joint station locations (color hard-copy) non-attached exhibit Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by Michael Cassano Date 09/17107 Department Director Michael Cassano Date 09/17/07 Assistant City Manager Colin Donnelly Date 09/17107 HR Director Date Finance Director Patricia Varney Date 09/17/07 City Attorney Thomas J. Ansbro Date 09/17/07 City Manager Ivan Pato Date 09/17/07 User Creating Item Item Name (do not use/or\ in name) Michael Cassano Joint Coverage and Automatic Aid city Cierk'Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO, 2007-181 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF HOLLYWOOD AND THE CITY OF DANIA BEACH PROVIDING FOR JOINT COVERAGE, AUTOMATIC AND MUTUAL AID OF FIRE SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS: Section 1. That that certain "Agreement Between City of Hollywood and City of Dania Beach Providing for the Joint Coverage, Automatic and Mutual Aid of Fire Services", in substantial form as appearing in Exhibit "A" attached, is approved and the proper City officials are authorized to execute it. 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 retroactive to June 1, 2005. BOB ANTON MAYOR - COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 4 EXHIBIT A Agreement Between City of Hollywood and City of Dania Beach Providing for the Joint Coverage, Automatic and Mutual Aid of Fire Rescue Services i ARTICLE 1 BACKGROUND: PURPOSE AND INTENT AND DEFINITIONS 1 .1 It is the purpose and intent of this agreement for the City of Hollywood and the City of Dania Beach, pursuant to Section 163.01, Florida Statutes, to cooperate and provide for a means by which each governmental entity may exercise its respective powers, privileges and authorities which they share in common and which each might exercise separately in order to further a common goal. 1 .2 The respective elected bodies of the City of Hollywood and the City of Dania Beach find that mutual cooperation in the delivery of fire rescue services can best be accomplished within a cooperative, interlocal configuration. To further that cause, both Cities willingly enter into this cooperative Agreement which extends beyond the concept of mutual aid for fire and rescue services. 1 .3 For the purposes of this Agreement and the various covenants, conditions, terms and provisions which follow, the definitions set forth below are assumed to be true and correct and are agreed upon by the parties. 1.3.1 Coverage: means the temporary relocation of apparatus and personnel to provide fire rescue services in a different Primary Response Zone from the Primary Response Zone in which the apparatus and personnel are normally located. 1.3.2 Primary Response Zone: means a specific geographic area in which fire and/or rescue services are provided, which area does not require the relocation of apparatus and personnel. 1.4 For purposes of this Agreement, the Primary Response Zones to be covered by the Cities will be established and may be amended during the term of this agreement by mutual agreement in writing by the Fire Chief of the City of Hollywood Fire/Rescue Department and the Fire Chief of the City of Dania Beach Fire/Rescue Department for purposes of improving response times and otherwise increasing the efficiency of services provided pursuant to this Agreement. 1.5 The Cities shall maintain current apparatus, equipment, and staffing levels within the jurisdictional limits of the City of Hollywood and the City of Dania Beach areas. 2 ARTICLE 2 COVERAGE COMMITMENT 2.1 The Cities shall provide coverage in the event that either agency's response vehicles are engaged in fire, rescue, disaster, training activities or other circumstances beyond its respective control. 2.2 Coverage shall be automatic based upon written protocols mutually agreed upon by the Fire Chief of the City of Hollywood Fire/Rescue Department and the Fire Chief of the City of Dania Beach Fire/Rescue Department. ARTICLE 3 NO INDEMNIFICATION 3.1 The Cities shall each individually defend any action or proceeding brought against its respective agency arising in connection with this agreement and shall be individually responsible for all its own costs, attorneys fees, expenses and liabilities incurred as a result of any such claims, demands, suits, actions, damages and causes of action, including the investigation or the defense thereof, and from and against any orders, judgments or decrees which may be entered as a result thereof. 3.2 Each party shall bear its own responsibility and be liable for any claims, demands, suits, actions, damages and causes or actions arising out of or occurring during travel to or from its own emergency or disaster site or to or from an emergency or disaster site covered by this Agreement, and no indemnification or hold harmless agreement shall be in effect concerning such claims, demands, suits, actions, damages and causes of action. 3.3 Neither party hereto shall be deemed to have waived its sovereign immunity by entering into this Agreement. ARTICE 4 TERMINATION 4.1 This Agreement may be terminated upon sixty (60) days written notice given by either party as provided in Section 7.6 herein. 4.2 This Agreement shall be deemed automatically terminated and of no further force and effect if either City has filed or consented to the filing of a petition for reorganization or bankruptcy or is otherwise adjudicated insolvent. 3 ARTICLE 5 DEFAULT 5.1 If either City fails to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) days after receipt of written notice of such default from the other party, the party giving notice of default shall be entitled, at its option, but is not required, to terminate this Agreement. Failure of any party to exercise its rights in the event of any breach by the other party shall not constitute a waiver of such rights. No party shall be deemed to have waived any failure to perform by the other party unless such waiver is in writing and signed by the waiving party. Such waiver shall be limited to the terms specifically contained therein. This paragraph shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. ARTICLE 6 TERM OF AGREEMENT 6.1 The obligation to perform under this Agreement commenced retroactively on June 1, 2005 and shall expire on June 1 , 2009 unless renewed pursuant to Section 6.2 below or terminated by the parties pursuant to Section 7.6 herein. 6.2 This Agreement shall be automatically renewed for three (3) additional one-year terms, unless either party notifies the other in writing, not later than four (4) months prior to the expiration of this Agreement or any renewal term of this Agreement, of its intent not to renew. Any renewal of this Agreement shall be set forth in a written amendment as provided for in Section 7.2 below. 6.3 In the event either City enters into a joint powers, consolidated service area, or interlocal agreement which includes additional parties, that agreement may supersede and provide for termination of this Agreement. Upon the effective date of such a new agreement with the other party, this Agreement may be deemed terminated and of no further force and effect. ARTTCLE 7 MISCELLANEOUS 7.1 Joint Participation: The preparation of this Agreement has been a joint effort of the parties hereto, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 7.2 Entire Agreement and Modification: This Agreement incorporates, supersedes and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matter contained herein. No change, alteration or modification in the terms and conditions contained herein shall be 4 effective unless contained in a written document signed by the Fire Chiefs of the Cities of Hollywood and Dania Beach. 7.3 Records: Each City shall permit the other party to examine all records pertinent to this Agreement and grants to the other party, the right to audit any books, documents and papers that are generated during the term of this Agreement. The parties shall maintain the records, books, documents and papers associated with this Agreement for at least three (3) years following termination of this Agreement. 7.4 Agreement Administration: In the administration of this agreement as contrasted with matters of policy, all parties may rely upon instructions or determinations made by the Fire Rescue Chief, or designee, of the City of Hollywood and the Fire Chief, or designee, of the City of Dania Beach. 7.5 Recordation/Filing: This Agreement shall be filed with the Clerk of the Circuit Court of Broward County, Florida, as required by Section 163.01(11), Florida Statutes. 7.6 Notices: Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified; and the place for filing of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following at the respective places for giving notice. FOR THE CITY OF HOLLYWOOD Fire Chief City of Hollywood Fire Rescue Department 2741 Stirling Road Hollywood, Florida 33312 FOR THE CITY OF DANIA BEACH Fire Chief City of Dania Beach Fire Rescue Department 102 W. Dania Beach Boulevard Dania Beach, Florida 33004 7.7 Automatic Aid Aqreements: Both Cities acknowledge that any current automatic aid agreements with any other agency will continue in full force and effect notwithstanding execution and implementation of this Agreement. 5 7.8 Third Party Beneficiaries: Neither City intends to directly or substantially benefit a third party by this Agreement. Therefore, there are no third party beneficiaries to this Agreement, and no third party will be entitled to assert a claim against either party based upon this Agreement. 7.9 Assignment: Neither this Agreement nor any interest herein shall be assigned, transferred or encumbered by either party without the written consent of the other party. 7.10 Waiver of Breach and Materiality: Failure by either party to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. 7.11 Compliance with Laws:_ Both parties shall comply with all federal, state, and local laws, codes, ordinances, rules and regulations in performing their respective duties, responsibilities, and obligations related to this Agreement. 7.12 Severance: In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless either party elects to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made and written notice shall be provided to the other party within thirty (30) days after the finding by the court becomes final. 7.13 Applicable Law and Venue: This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Broward County, Florida. 7.14 Multiple Originals: Multiple copies of this Agreement may be fully executed by all parties, each of which shall be deemed to be an original. 7.15 C.O.N.: Both Cities shall maintain, throughout the term of this Agreement, an ALS Rescue Certificate of Public Convenience and Necessity ("C.O.N.") from Broward County and an appropriate State of Florida license enabling each to provide advanced life support services, as well as, basic life support services, to patients upon arrival at emergency scenes requiring immediate emergency medical care. 7.16 Medical Director: Both parties presently have and shall maintain, throughout the term of this Agreement and any renewal term, a Medical Director as required by Chapter 401, Florida Statutes. 6 Automatic and Mutual Aid Agreement for Fire Rescue Services (2007) IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: CITY OF DANIA BEACH, by and through its City Commissioners, signing by and through its Mayor, authorized to execute same on the day of ,2007, CITY OF HOLLYWOOD, signing by and through its Mayor, authorized to execute same on the day of Tu l4 2007 CITY OF HOLLYWOOD, a municipal corporation of the State of Florida ATTEST- i 7g ATRICIA A. CERNY, MMC MARA GIULIANTI, MA OR CITY CLERK �,� DAT ' 2007. APPROVED AS TO FORM & LEGALITY AP ROVED BY for the use and reliance of the City of � Hollywood, Florida, only. CAP_Ej?t6N D. BENNW, CITY MANAGER p/L OR HIS DESIGNEE, VIRGIL F RNANDEZ ALAN FALLIK, INTERIM FIRE CHIEF CITY ATTORNEY CITY WITNESS: CITY OF DANIA BEACH, FLORIDA, By Mayor-Commissioner day of 2007 ATTEST City Clerk City Manager APPROVED AS TO FORM & LEGALITY By CITY OF DANIA BEACH Agenda Item # 717 Agenda Request Item Date of Commission Meeting: 9-25-2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Requested Action (Idenfity appropriate Action orMotim)', Motion to allow the City Manager to purchase computer hardware, warranty and vehicle equipment for Code Division in excess of the $15,000.00 fiscal year limit. Why Action is Necessary Year to date City has purchased $13,955.75 from Insight and this additional purchase of$2,920.00 would exceed $15,000 for the fiscal year which requires Commission's approval. What Action Accomplishes Comply with Purchasing policy and procedures. Purchasing Requests ONLY Dept: 1203 Code Compliance Division Acct#: 001-1203-529.64-10 Amt: $2,920.00 Fund: General: ❑X water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Sufrtinary Explanation/Background This purchase is for a new laptop computer and extended warranty to be provided to the new Code Compliance Officer. In addition to the computer we would also need to purchase a laptop stand and mount for the new vehicle that officer will use. The action accomplishes the outfitting of the new Code Compliance Officer with the proper tools necessary to perform the position duties. Fiscal ImpactfCost Summary The projected cost of this action is $2,920.00, which has already been provided for in the FY 2007 budget. Exhibits Attached Exhibit#1 is the actual quote for all of the equipment necessary from Insight. Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized!Signatures Submitted by Lester Garcia Date 09/13/07 Department Director Date Assistant City Manager Colin Donnelly Date 09/17/07 HR Director Date Finance Director Patricia Varney Date 09/17/07 City Attorney Thomas J. Ansbro Date 09/17/07 City Manager Ivan Pato Date 09/17/07 User Creating Item Item Name (do not use/or\in name) Lester Garcia Insight Authorization of Overage .City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-178 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PURCHASE OF COMPUTER HARDWARE, EXTENDED WARRANTY AND A VEHICLE LAPTOP STAND FOR THE CODE COMPLIANCE DIVISION NOT TO EXCEED $4,000.00 FROM INSIGHT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part 111, Article 3, Section 4, Subsection 0), provides that during unusual conditions or emergencies, the City Commission may, by resolution, authorize the City Manager to purchase supplies, services, equipment, and materials for the city government 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 FY 2007 purchases from Insight for computer hardware in the amount of$13,955.75 have been made; and WHEREAS, an additional amount of approximately $4,000.00 is required for the remainder of the fiscal year for the purchase of computer hardware, warranty and vehicle equipment for Code Division; and WHEREAS, with the purchase for code enforcement division, the total purchase to Insight will exceed $15,000.00 which requires City Commission approval; and WHEREAS, the City Manager has determined that such purchase can be made at the least cost to the City from Insight, which purchase information is attached as Exhibit "A" and made a part of this Resolution; 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 pay an amount not to exceed the sum of $4,000.00, payable from the Code Compliance budget to Insight for the purchase of computer hardware, warranty and vehicle equipment. 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 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 42007-178 Y Request for Quotation Dnia Beach Insight Chuck Cook PUBLIC SECTOR Date: Respondent Name: Terms Freight 9/10/2007 Brian Mayer- Phone: 800-543-2437x13 30 days None Hardware Pricing Per Florida State Contract 250-000-03-1 Panasonic Toughbook 52 1 CF-52CCABXBM Panasonic TB52 - Intel Core Duo T7100 1.8GHz (Centrino), 15.4 WXGA, $1,600.00 $1,600.00 1GB, 80GB, 56K, 1Gb Ethernet, Intel 802.11a+b+g, DVD-Multi drive,WIN XP SP2 Options 2 PA1650-1253 Lind Electronics-Vehicle Power Adapter $107.00 $214.00 1 CF-VEB521M Panasonic- Desktop Part Replicator $242.00 $242.00 1 CF-SVCASCTC3Y Panasonic- 3 yr Computrace Complete (CTC) $129.00 $129.00 1 'CF-SVCBATTXTSY 'Panasonic- Warranty Extension (Year 2) - Battery $120.00 $120.00 1 CF-SVCLTNF3Y Panasonic- Toughbook No-Fault Protection Plus Warranty (3-Years) $250.00 $250.00 Shipping $0.00 TOTAL $2,555.00 Ledco Mount for Ford Ranger-2001 ro" _ _. : .... 1 UT.51 Ledco - Universal Tray for Toughbook 51/52 $225.00 $225.00 1 TUBS Ledco- 5 Inch Tube $74.00 $74.00 1 CSA Ledco-Cobra Swing Arm $150.00 $150.00 1 TLSM Ledco-Tilt Swivel Lazy Susan $60.00 $60.00 1 SW.FTS.A1 Ledco-Sidewinder: Ford Truck Small (Al) Ford Ranger(1999-2007) Includes $98.00 $98.00 angled tube and mounting hardware. Fits directly to passenger's seat bolts, no drilling required Shipping $0.00 TOTAL $607.00 Thank you for contacting Insight and allowing us the opportunity to assist you with your needs. We appreciate being considered as the source for your computer product requirements. Should you have any questions, or wish to place on order please contact any of your Florida Public Safety team below. Your Order Should be Sent To: Insight Public Sector 218 E. Orange Avenue pbNASOXIC Lake Wales, FL 33853 TOUGHM PREMIER Page 1 of 2 Request for Quotation x-. - Insi ht� ..f Dania Beach v (y}.+J�� ',; Chuck Cook V PUBLIC SECTOR Date: Respondent Name: Terms Freight 9/10/2007 Brian Mayer- Phone: 800-543-2437x13 30 days None Fax: 480-760-9162 or 863-678-3204 YAkMItA PARTNER Page 2 of 2 CITE S� Suite 360 o October 12, 2006 •�DDD WP. • MEMORANDUM NO.: (250-000-03-1)-11 DFPARTMENT OF MANAGEMENT SERVICES TO: User Agency "We serve those who FROM: Director, State Purchasing serve Florida" SUBJECT: Contract No. 250-000-03-1 Title: Information Technology Hardware JEB BUSH Powerware UPS ("Powerware" or"Contractor") is now known as Eaton Govemor Electrical, Inc. ("Eaton"or"Contractor"). Eaton shall perform all duties and obligations and have the rights of Powerware as it relates to the Tom Lewis,Jr.Secretary Agreement. References to "Powerware" within the Agreement shall be understood to mean "Eaton." MyFlorida.corn Any questions or problems in delivery or service that may arise regarding this contract should be directed to the contract administrator. Division of State Purchasing 4050 Esplanade Way Suite 360 Tallahassee,Florida 32399-0950 Telephone: 850-488-8440 Fax: 850-414-6122 Internet: www.NlyFlonda.com S Suite 360 July 18, 2006 � a�rtrfi MEMORANDUM NO.: (250-000-03-1)-10 DEPARTMENT OF MANAGEMENT SERVICES TO: User Agency "We serve those who FROM: Director, State Purchasing serve Florida" SUBJECT: Contract No. 250-000-03-1 Title: Information Technology Hardware JEB BUSH The subject contract has been renewed effective August 1, 2006 through Governor December 31, 2007 with all contractors except the following. Tom Lewis,Jr. Secretary • Alcatel Internetworking, Inc. • Minuteman UPS/ Para Systems, Inc. • SonieWall, Inc. MyFlondaxorn 0 Sony Electronics. Inc. • Tripp Lite Power Protection • Wyse Technology, Inc. Any questions or problems in delivery or service that may arise regarding this contract should be directed to the contract administrator. Division of State Purchasing 4050 Esplanade Way Suite 360 Tallahassee,Florida 32399-0950 Telephone: 850-488-8440 Fax: 850-414-6122 Internet: w Afy,Flonda.com Suite 360 July 6, 2006 o MEMORANDUM NO.: (250-000-03-1)-9 DEPARTMENT of MANA.GEME fr SERVICES TO: User Agency "We serve those who FROM: Director, State Purchasing serve Florida" SUBJECT: Contract No. 250-000-03-1 Title: Information Technology Hardware JEB BUSH The following changes have been made to the subject contract: Governor Tom Lewis,Jr. • Marconi Communications has assigned their contract to Ericsson at secretary the same prices terms and conditions. Any questions or problems in delivery or service that may arise regarding MyFbrida.corn this contract should be directed to the contract administrator. DiNision of State Purchasing 4050 Esplanade Way Suite 360 Tallahassee,Florida 32399-0950 Telephone: 830-488-8440 Fax: 850-414-6122 Internet: w AlyFlorida.com Suite360 April 11, 2006 MEMORANDUM NO.: (250-000-03-1)-8 DEPARTMENT OF MANAGEMENT SERVICES TO: User Agency "We serve those who serve Florida" FROM: Director, State Purchasing SUBJECT: Contract No. 250-000-03-1 Title: Information Technology Hardware JEB BUSH Governor The following changes have been made to the subject contract: Tom Lewis,Jr.Secretary • Effective 6/28/2005 Pomeroy Computer Resources contract has been assigned to Juniper Networks, Inc. MyFlodda.com Any questions or problems in delivery or service that may arise regarding this contract should be directed to the Contract Administrator. DSP/JR Division of State Purchasing 4050 Esplanade Way Suite 360 Tallahassee,Florida 32399-0950 Telephone: 850-488-8440 Fax: 850-414-6122 Internet: w .MyFlonda.com TnE 4!. Suite 360 s. January 10, 2006 ��oo ve MEMORANDUM NO.: (250-000-03-1)-7 DEPARTMENT OF MANAGEMENT SERVICES TO: User Agency "We serve those who FROM: Director, State Purchasing serve Florida" SUBJECT: Contract No. 250-000-03-1 Title: Information Technology Hardware JEB BUSH The following changes have been made to the subject contract: Governor • Minuteman UPS/Para Systems, Inc. has been added to the contract in Tom Lewis,Jr.Secretary the Uninterruptible Power Supplies and Surge Suppressors. • NEC Solutions (America), Inc. has been removed from the contract MyFlodda.com at their request. � T M!� Any questions or problems in delivery or service that may arise regarding << this contract should be directed to the Contract Administrator. P 4. r Division of State Purchasing DSP/JR 4050 Esplanade Way Suite 360 Tallahassee,Flonda 32399-0950 Telephone: 850-488-8440 Fax: 850-414-6122 Internet: www.MyHonda.com Suite 360 c October 10, 2005 a ��n vest MEMORANDUM NO.: (250-000-03-1)-6 DEPARTMENT OF MANAGEMENT SERVICES CES TO: User Agency "We serve those who FROM: Director, State Purchasing serve Florida" SUBJECT: Contract No. 250-000-03-1 Title: Information Technology Hardware JEB BUSH The following changes have been made to the subject contract: Governor • TrippLite Power Protection has been added to the contract in the Tom Lewis,Jr. Uninter a tible Power Su and Sure serrerary lies P Supplies g Suppressors. Any questions or problems in delivery or service that may arise regarding MyFlorlda.corn this contract should be directed to the Contract Administrator. .r DSP/JR Ditision of State Purchasing 4050 Esplanade Way Suite 360 Tallahassee,Florida 32399-0950 Telephone: 850-488-8440 Fax: 850-414-6122 Internet: w .NlyFlonda.conn Suite 315 August 31, 2005 0 MEMORANDUM NO.: (250-000-03-1)-5 DEPARTMENT of MANAGEMENT SERVICES TO: User Agency "We serve those who FROM: Director, State Purchasing serve Florida" SUBJECT: Contract No. 250-000-03-1 Title: IT Hardware JEB BUSH The following vendors have been added to the subject contract: Governor Tom Lewis,Jr. • Adtran, Inc. Secretary o Connectivity Devices— Routers o Connectivity Devices—Network Switches MyRodda.com • Wyse Technology, Inc. , o Thin Clients TM' Any questions or problems in delivery or service that may arise regarding this contract should be directed to the Contract Administrator. Division of State Purchasing 4050 Esplanade Way DSP/dc Suite 360 Tallahassee,Florida 32399-0950 Telephone: 850-488-8440 Fax: 850-414-6122 Internet: w Aly,Florida.com MyFlonda.cam ---- r,.. DEPARTMENT OF MANAGEMENT The Administrative and Operations Arm SERVICES of Florida's Government JEH BUSH,GOVERNOR TOM LEWIS,SECRETARY Suite 315 July 29, 2005 MEMORANDUM NO.: (250-000-03-1)-4 TO: User Agency FROM: Director, State Purchasing SUBJECT: Contract No. 250-000-03-1 Title: IT Hardware The following changes have been made to the subject contract: • Telecom Engineering Consultants has been removed from the subject Contract for failure to report/pay transaction fees. • The subject contract has been renewed for an additional one year period with all vendors except the following: o Cyberguard Corporation o Riverstone Networks Any questions or problems in delivery or service that may arise regarding this contract should be directed to the Contract Administrator. DSP/dc Mv�ronaa.cam DEPARTMENT OF MANAGEMENT nThe Administrative and Operations Arm� of Florida's Government SERVICES 4 fi ]FB BUSH SOA'ERNOR Tmi Dl Wls,sl;.{ M:1 AR1' Suite 315 May 23, 2005 MEMORANDUM NO.: (250-000-03-1)-3 TO: User Agency FROM: Director, State Purchasing SUBJECT: Contract No. 250-000-03-1 Title: IT Hardware ABC Computers, Inc. has been removed from the subject contract. Motorola, Inc. has been added to the Portable PC's category. Any questions or problems in delivery or service that may arise regarding this contract should be directed to the Contract Administrator. DSP/dc Mynoiida.com DEPARTMENT OF MANAGEMENT The Administrative and Operations Arm SERVICES of Florida's Government 4 W x+et IEB BUSH,GOVERNOR TOM LP:WI6,sixm;f ARY Suite 315 April 21, 2005 MEMORANDUM NO.: (250-000-03-1)-2 TO: User Agency FROM: Director, State Purchasing SUBJECT: Contract No. 250-000-03-1 Title: IT Hardware The following changes have been made to the subject contract. • Micron has changed their name to MPC-G. • The following vendors have been removed: o Hitachi Data Systems, Inc. o Vcon, Inc. Any questions or problems in delivery or service that may arise regarding this contract should be directed to the Contract Administrator. DSP/dc _aMyflodda.com DEPARTMENT OF MANAGEMENT The Admi Florida'sand Operations Arm SERVICES of Florida's Government d Ako x+� JEB BUSH,GOVERNOR TOM LF WIS,SHCRE;rdRY Suite 315 November 19, 2003 MEMORANDUM NO.: (250-000-03-1)-1 TO: User Agency FROM: Director, State Purchasing SUBJECT: Contract No. 250-000-03-1 Title: IT Hardware Netgear, Inc. has been removed from the subject contract. Any questions or problems in delivery or service that may arise regarding this contract should be directed to the Contract Administrator. DSP/dc Abbreviated Contents Invitation to Bid 1.0 INSTRUCTIONS TO BIDDERS 2.0 TECHNICAL SPECIFICATIONS 3.0 GENERAL CONDITIONS 4.0 FORMS Expanded Contents Invitation to Bid 1.0 INSTRUCTIONS TO BIDDERS 1.01 Definitions 1.02 General Instruction 1.03 Terms and Conditions 1.04 Who May Bid 1.05 Ordering Instructions and Manufacturer's Certification 1.06 Basis for Award 1.07 Questions/Contract Specialist 1.08 Conflict of Interest 1.09 Convicted Vendors 1.10 Bidder's Representation and Authorization 1.11 Performance Qualifications 1.12 Execution of Bid 1.13 Submittal of Bid 1.14 Bid Tabulation 1.15 Special Accommodation 1.16 Firm Bids 1.17 Clarifications/Revisions 1.18 Contract Formation 1.19 Notice of Award 1.20 Contract Overlap 1.21 Purchasing Card Program 1.22 Public Records 1.23 Bid Protests 2.0 TECHNICAL SPECIFICATIONS 2.01 Eligible Hardware 2.02 Eligible Brands 2.03 Additional Eligible Brands 2.04 Video Teleconferencing Systems and Video Bridging Equipment Specification 2.05 Standard Support Levels 2.06 Additional Support-Video Teleconferencing and Video Bridging Equipment 2.07 Refurbished and Remanufactured Product 3.0 GENERAL CONDITIONS 3.01 Definitions 3.02 Eligible Customers 3.03 Requests for Quotes 3.04 Posting and Revision of Authorized Product and Price List 3.05 Product Version 3.06 Quantity Discounts 3.07 Best Pricing Offer 3.08 Sales Promotions 3.09 Trade-In 3.10 Americans With Disabilities Act 3.11 Energy Star Compliant 3.12 Authorized Product Categories 3.13 Purchase Orders 3.14 Packaging 3.15 Manufacturer's Name and Approved Equivalents 3.16 Inspection at Contractor's Site 3.17 Safety Standards 3.18 Literature 3.19 Transportation and Delivery 3.20 Installation 3.21 Inspection and Acceptance 3.22 Title to Deliverables 3.23 Software License Grant 3.24 Invoicing and Payment 3.25 Taxes 3.26 Customer's Default 3.27 Annual Appropriations 3.28 Surcharge Fee and Summary of Total Sales 3.29 Governmental Restrictions 3.30 Compliance with Laws 3.31 Lobbying and Integrity 3.32 Indemnification 3.33 Performance Bond 3.34 Suspension of Work 3.35 Termination for Convenience 3.36 Termination for Cause 3.37 Force Majeure, Notice of Delay, and No Damages for Delay 3.38 Equitable Adjustment 3.39 Scope Changes 3.40 Renewal 3.41 Advertising 3.42 Assignment 3.43 Dispute Resolution 3.44 Employees, Subcontractors, and Agents 3.45 Security and Confidentiality 3.46 Independent Contractor Status of Contractor 3.47 Insurance Requirements 3.48 Service 3.49 Warranty 3.50 Warranty of Authority 3.51 Warranty of Ability to Perform 3.52 Year 2000 Compliance Warranty 3.53 Warranty of No Hardstop/Passive License Monitoring 3.54 Notice 3.55 Leases and Installment Purchases 3.56 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) 3.57 Modification of Terms 3.58 Waiver 3.59 Execution in Counterparts 3.60 Severability 4.0 FORMS Bidder Acknowledgment Form Bid Tables (separately paginated) Instructions to Bidders Contents 1.02 Definitions 1.02 General Instruction 1.03 Terms and Conditions 1.04 Who May Bid 1.05 Ordering Instructions and Manufacturer's Certification 1.06 Basis for Award 1.07 Questions/Contract Specialist 1.08 Conflict of Interest 1.09 Convicted Vendors 1.10 Discriminatory Vendors 1.11 Bidder's Representation and Authorization 1.12 Performance Qualifications 1.13 Execution of Bid 1.14 Submittal of Bid 1.15 Bid Tabulation 1.16 Special Accommodation 1.17 Firm Bids 1.18 Clarifications/Revisions 1.19 Contract Formation 1.20 Notice of Award 1.21 Contract Overlap 1.22 Purchasing Card Program 1.23 Public Records 1.24 Bid Protests 1.01 Definitions: See the general conditions for definitions of"bid," "Contract," "Contractor," "Customer," "Department," "product," "purchase order," and "State," which terms are material to these instructions. 1.02 General Instruction: The bidder shall read all of the solicitation documents and comply with all specified requirements. 1.03 Terms and Conditions: All bids are subject to the terms of the following sections of these solicitation documents, which, in case of conflict, shall have the order of precedence listed: technical specifications; instructions to bidders; and general conditions. These terms and conditions supersede the "general conditions" contained in the Bidder Acknowledgement form (PUR 7027 Rev. 6/l/98), which is included in section 4.0 of these solicitation documents. The Department objects to and shall not consider any additional terms or conditions submitted by a bidder, including any appearing in documents attached as part of a bidder's response. In signing and submitting its bid, a bidder agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a bid, shall be grounds for rejecting a bid. 1.04 Who May Bid: ONLY THE MANUFACTURERS OF BRANDS IDENTIFIED IN THE TECHNICAL SPECIFICATIONS MAY SUBMIT BIDS. "Manufacturer" means the entity that holds the trademark in the identified brand name. At its option, a manufacturer may authorize a single entity, such as a distributor or other agent, to represent the manufacturer for purposes of bidding and entering into the Contract, in which case conclusive proof of such authorization shall be submitted with the bid. Dealers and resellers shall not submit bids. The Department reserves the right to accept bids from entities offering products that satisfy the "other" brand criteria outlined in the technical specifications but that do not have protected trade names. 1.05 Orderin¢ Instructions and Manufacturer's Certification: On the Ordering Instructions form included in section 4.0 of these solicitation documents, bidders shall identify those dealers or resellers that will accept orders and complete deliveries and certify that they are authorized to do so. BIDDERS SHALL IDENTIFY AT LEAST THREE AUTHORIZED DEALERS OR RESELLERS PER (SUB)CATEGORY, AT LEAST ONE OF WHICH SHALL BE A FLORIDA CERTIFIED WOMAN- OR MINORITY-OWNED BUSINESS. A bidder may identify itself as an authorized dealer, in which case it need only identify two more. Information on certified minority vendors is available from the Office of Supplier Diversity at http://osd.dms.state.fl.us. The certification shall be executed by a duly-authorized manufacturer's representative; dealers and resellers are not authorized to sign this certification on behalf of the manufacturer. AUTHORIZED DEALERS AND RESELLERS MAY SELL ITEMS UNDER THE CONTRACT DIRECTLY TO CUSTOMERS, PROVIDED THEY OFFER AT LEAST AS GREAT AS THE THEN-CURRENTLY AUTHORIZED PERCENTAGE SAVINGS FOR THE BRAND. Bidders shall indicate on the Ordering Instructions form the standard delivery time, which is the number of calendar days normally required to make delivery after receipt of a purchase order. Bidders shall also identify on the Ordering Instructions form all service representatives that will be responsible for providing service during the term of the Contract. For every entity identified on the Ordering Instructions form, the bidder shall include complete and detailed ordering instructions, including SPURS vendor number(s). A manufacturer may add or delete dealers, resellers, and service representatives during the Contract term by submitting a revised Ordering Instructions form to the Contract Specialist, which shall not be deemed a Contract amendment. 1.06 Basis for Award: The Department intends to make multiple awards on a state-wide basis to responsive bidders offering discounted prices. EACH BIDDER SHALL SUBMIT WITH ITS BID BOTH A HARD COPY AND AN ELECTRONIC COPY OF THE LIST THE BIDDER USES AS THE BENCHMARK LIST AGAINST WHICH TO MEAURE OFFERED PRICE SAVINGS. Failure to measure percentage savings against the "benchmark" list, or an attempt to include reference to any other price, product, or similar list,will render a bid non-responsive and constitute grounds for rejecting the bid. EACH BIDDER MUST OFFER A PERCENTAGE DISCOUNT OF AT LEAST 5% OFF OF ITS PUBLISHED PRODUCT LIST FOR THE FLORIDA MARKET. The percentage shall not reflect any savings that may be offered for refurbished or remanufactured product. Bidders shall note the percentage on the Savings/Price Increases or Reductions form (PUR 7064) included in section 4.0 of these solicitation documents. Bidders need not, however, use their retail lists for the Florida market as the "benchmark" list; for example, a bidder may choose to use as its "benchmark" a list associated with a contract with the General Services Administration of the United States. Bidders may bid fewer than all of the product categories and sub-categories outlined in the Technical Specifications and noted on the bid tables included in section 4.0 of these solicitation documents. For each sub-category, a bidder shall enter on the bid table either a numeral percentage to the nearest tenth (e.g., 35.5%) representing the offered savings, or "N,!A" representing that the bidder is not bidding that sub-category. Alternatively, and to avoid submitting many pages filled with "N/A," a bidder may return only those bid tables containing categories it is bidding, but shall identify in a cover letter exactly which pages it is submitting (for example, if bidding only the category of Uninterruptable Power Supplies and Surge Suppressors, a bidder need only return page 20 of the bid tables and so state in its cover letter). Bidders are solely responsible for submitting the appropriate forms with their bid. The Department reserves the right to make award by individual item, group of items, or a combination thereof. The Department reserves the right to accept or reject any and all bids, or separable portions, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the State's best interest. 1.07 Questions/Contract Specialist: Bidders shall address any question regarding this solicitation to the Contract Specialist, who is identified on the cover sheet of this solicitation package. Do not contact Customers directly. Questions shall be in writing, shall reference the ITB number and the bid opening date, and shall be RECEIVED NO LATER THAN APRIL 22, 2002, and shall be answered in writing on or before April 29, 2002. To minimize the need for written questions and answers, the DEPARTMENT WILL CONDUCT A PRE-BID CONFERENCE ON APRIL 18, 2002, AT 1:00 P.M. in Room 301 of the Department's offices, 4050 Esplanade Way, Tallahassee, Florida. Bidders are encouraged, but not required, to attend the pre-bid conference. 1.08 Conflict of Interest: This solicitation is subject to chapter 112 of the Florida Statutes. Bidders shall disclose with their bid the name of any officer, director, employee or other agent who is also an employee of the State. Bidders shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the bidder or its affiliates. 1.09 Convicted Vendors: A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list: submitting a bid on a contract to provide any goods or services to a public entity; submitting a bid on a contract with a public entity for the construction or repair of a public building or public work; submitting bids on leases of real property to a public entity; being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and transacting business with any public entity in excess of the Category Two threshold amount ($25,000) provided in section 287.017 of the Florida Statutes. 1.10 Discriminatory Vendors: An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes 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, sub-contractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 1.11 Bidder's Representation and Authorization: In submitting a bid, each bidder understands, represents, and acknowledges the following (if the bidder cannot so certify to any of following, the bidder shall submit with its bid a written explanation of why it cannot do so). • The bidder is not currently under suspension or debarment by the State or any other governmental authority. • To the best of the knowledge of the person signing the bid, the bidder, its affiliates, subsidiaries, directors, officers, and employee are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract. • To the best of the knowledge of the person signing the bid, the bidder has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract. • The bid is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid. • The bid prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other bidder or potential bidder; neither the prices nor amounts, actual or approximate, have been disclosed to any bidder or potential bidder, and they will not be disclosed before bid opening. • The bidder has fully informed the Department in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1)(a) of the Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company. • Neither the bidder nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of federal funds: o Has within the preceding three years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or a criminal offense in contion with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or o Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default. • The product offered by the bidder will conform to the specifications without exception. • The bidder has read and understands the Contract terms and conditions, and the bid is made in conformance with those terms and conditions. • If an award is made to the bidder, the bidder agrees that it intends to be legally bound to the Contract that is formed with the State. • The bidder has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the bid, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in the bid. • The bidder shall indemnify, defend, and hold harmless the Department and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the bidder's preparation of its bid. • All information provided by, and representations made by, the bidder are material and important and will be relied upon by the State in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from the State of the true facts relating to submission of the bid. A misrepresentation shall be punishable under law, including, but not limited to, Chapter 817 of the Florida Statutes. 1.12 Performance Qualifications: The Department reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by bidder meet the Contract requirements. Bidder shall at all times during the Contract term remain responsive and responsible. Bidder must be prepared, if requested by the Department, to present evidence of experience, ability, and financial standing, as well as a statement as to plant, machinery, and capacity of the manufacturer for the production, distribution, and servicing of the product bid. If the Department determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the Department may reject the bid or terminate the Contract. Bidder may be disqualified from receiving awards if bidder, or anyone in bidder's employment, has previously failed to perform satisfactorily in contion with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon the Department to make an investigation either before or after award of the Contract, but should the Department elect to do so, bidder is not relieved from fulfilling all Contract requirements. 1.13 Execution of Bid: Each bid shall be in the form included with these solicitation documents and manually signed by an authorized representative of the bidder. Bids shall be typed or printed in permanent ink. .Any correction or alteration shall be in ink and initialed. The bidder's name shall appear on each page of the bid in the space noted. Each bid shall include the Bidder Acknowledgement form (PUR 7027 Rev. 6/l/98), but the "General Conditions" of that form are superseded by the terms of and conditions of these solicitation documents. 1.14 Submittal of Bid: Submit the original bid and one copy in a sealed envelope. DO NOT INCLUDE MORE THAN ONE BID PER ENVELOPE. The face of the envelope shall indicate State Purchasing's address, the bid number, and date and time of the bid submittal. Bids not submitted on the forms included with these solicitation documents shall be rejected. Each bidder is responsible for ensuring that its bid is delivered at the proper time and to the proper place. The Department shall not consider late bids. BIDS MUST BE RECEIVED AT STATE PURCHASING, 405 ESPLANADE WAY, ROOM 315F, TALLAHASSEE, FLORIDA, AT OR BEFORE 2:00 P.M. ON MAY 6, 2002. 1.15 Bid Tabulation: Bids shall be opened on the date specified on the Bidder Acknowledgement form (PUR 7027 Rev. 6/1/98), or as amended, and thereafter tabulated. Bid tabulations will be furnished upon written request and payment of a predetermined fee, as provided on the Request for Notification of No Award form (PUR 7063) included in section 4.0 of these solicitation documents. The Department shall not provide bid tabulations by telephone. 1.16 Special Accommodation: 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 State Purchasing by using the Florida Relay Service at (800) 955-8771 (TDD). 1.17 Firm Bids: The Department may make award within sixty (60) days after the date of bid opening, during which period bids shall remain firm and shall not be withdrawn. If award is not made within sixty (60) days, a bid shall remain firm until either the Department awards the Contract or the Department receives from the bidder written notice that the bid is withdrawn. Any bid that expresses a shorter duration may, in the Department's sole discretion, be accepted or rejected. 1.18 Clarifications/Revisions: Before award, the Department reserves the right to seek clarifications, to request bid revisions, and to request any information deemed essary for proper evaluation of bids from all bidders deemed eligible for Contract award. Failure to provide requested information may result in rejection of the bid. 1.19 Contract Formation: No contract shall be formed between bidder and the Department until the Department signs the Contract. The Department shall not be liable for any costs incurred by a bidder in preparing or producing its bid or for any work performed before the Contract is effective. 1.20 Notice of Award: The Department shall issue a notice of award, if any, to successful bidders, who shall be responsible for reproducing and distributing copies of the notice and Contract documents to all of the dealers or resellers identified in the bid as authorized to accept purchase orders and complete deliveries and to all authorized service centers. 1.21 Contract Overlap: Bidders shall identify any products covered by this solicitation that they are currently authorized to furnish under any other contract with the Department. By entering into the Contract, a Contractor authorizes the State to eliminate duplication between agreements in the manner the State deems to be in its best interest. 1.22 Purchasing Card Program: The State has implemented a purchasing card program through NationsBank, using the Visa network. Contractors will receive payment from the purchasing card in the same manner as other Visa purchases. Accordingly, bidders must presently have the ability to accept Visa or take whatever steps essary to implement the ability before the start of the Contract term. The State reserves the right to revise this program in conjunction with implementation of an on-line procurement system. 1.23 Public Records: The Department does not intend to solicit confidential or proprietary information in response to this solicitation. Bidders are cautioned that Florida law generously defines what constitutes a public record; see, for example, section 119.07 of the Florida Statutes. If a bidder believes that its bid contains information that should not be a public record, the bidder shall clearly segregate and mark that information (for example, stamp each page "Confidential" and place it in an envelope marked "Confidential") and briefly describe in writing the grounds for claiming exemption from the public records law. The Department will not independently evaluate the bidder's claim of exemption. If the Department receives a public records request related to the bid, the Department shall notify the bidder in writing at least seven days before making the information available for review by the requester. The bidder shall be solely responsible for taking whatever action it deems appropriate to legally protect its claim of exemption from the public records law. If the bidder fails to do so, the Department shall make the information available for review. In no event shall the Department or any of its employees or agents be liable for disclosing, or otherwise failing to protect the confidentiality of, information submitted in response to this solicitation. 1.24 Bid Protests: Any protest concerning this solicitation shall be made in accordance with sections 120.57(3) and 287.042(2) of the Florida Statutes and chapter 28-110 of the Florida Administrative Code. Failure to comply with the law shall constitute a waiver of the protest. Technical Specifications Contents 2.01 Eligible Hardware 2.02 Eligible Brands 2.03 Additional Eligible Brands 2.04 Video Teleconferencing Systems and Video Bridging Equipment Specification 2.05 Standard Support Levels 2.06 Additional Support-Video Teleconferencing and Video Bridging Equipment 2.07 Refurbished and Remanufactured Product 2.01 Eligible Hardware: The Contract shall include hardware products grouped within the following categories: • Personal Computers • Thin Clients • Servers • Contivity Devices • Uninterruptible Power Supplies and Surge Suppressors • Storage Devices • Printers • Videoconferencing Systems and Video Bridging Equipment • Firewalls Hardware subcategories are identified below under"Eligible Brands" and on the bid tables. In addition, during the term of the Contract, Contractors may offer hardware components normally associated with the product category or subcategory they are authorized to offer, provided (1) they shall do so at the same or greater percentage price discount offered for the category or subcategory and (2) the product does not fall within another category or subcategory that the Contractor is not authorized to offer. For example, a Contractor authorized to offer Personal Computers may offer monitors, keyboards, mice, memory upgrades, pen plotters, scanners, CD-ROM drives, data storage, CPU upgrades, digital cameras, handheld computers, monitors, expansion cards, modems, speakers and other standard system components; the Contractor shall not, however, offer printers, unless authorized to do so either as a direct bidder under those categories or as a reseller certified by a direct bidder under those categories. Contractors shall also offer at the same or greater percentage price discount, and either installed or uninstalled at the Customer's option, software essary or reasonably related to their authorized hardware; for example, operating systems, productivity suites, communications, etc. Contractors may also install preconfigured software loads provided by the Customer. This additional hardware and software option is for the convenience and benefit of Customers and Contractors. The intent of the option is to promote "one-stop shopping" for both basic and enhanced systems. The Department reserves the right to prohibit the sale of any and all additional products if the Department determines, in its sole discretion, that a Contractor is abusing the option to circumvent Contract pricing or to offer products it is not authorized to offer. In any "bundled deal," Customers are encouraged to review pricing carefully, to purchase products that meet their needs at the lowest net delivered costs, and to report any problems to the Contract Specialist. The Department reserves the right to increase or decrease the number of authorized hardware categories and subcategories as markets change and new technologies emerge. 2.02 Eligible Brands: Only the following brands shall be eligible for bid within each category and subcategory, unless a bidder satisfies the criteria outlined below under paragraph 2.03, "additional eligible brands." Particular products within each brand are identified on the bid tables included in section 4.0 of these solicitation documents; bidders may offer those products most closely associated with the identified products as of the date bids are due. • Personal Computers • Desktop PCs: Acer, Compaq, Dell, Fujitsu/Siemens, Gateway, Hewlett-Packard, IBM, Micron. • Portable PCs: Acer, Compaq, Dell, Fujitsu/Siemens, Gateway, Hewlett-Packard, IBM, , and Toshiba • Workstations: Compaq, Dell, Fujitsu/Siemens, Hewlett-Packard, IBM, and SGI • PC Servers: Compaq, Dell, Fujitsu/Siemens, Gateway, Hewlett-Packard, IBM.. • • Thin Clients: Acer, Boundless Technology, Cedar Systems, Compaq, IBM, Neoware, Netier and Network Computing Devices • Servers • Enterprise Servers: Compaq, Fujitsu/Siemens, Hewlett-Packard, IBM, NCR, Sun, and Unisys • Midrange Servers: Bull, Compaq, Fujitsu/Siemens, Hewlett-Packard, IBM, and Sun • Entry-Level Servers: Bull, Compaq, Fujitsu/Siemens, Hewlett-Packard, IBM, and Sun • Server Appliance for Internet Applications: CacheFlow, Compaq, Dell, Hewlett- Packard, IBM,NETmachines, Network Appliance and Sun • Contivity Devices • Network Routers: 3Com, Alcatel, Cisco, Enterasys, Erricsson, Juniper, Lucent, Netgear, and Nortel • Network Switches: 3Com, Alcatel, Avaya, Cisco, D-Link, Enterasys, Extreme Networks, Foundry Networks, Hewett-Packard, Marconi, Netgear, Nortel, and SMC • Uninterruptible Power Supplies and Surge Suppressors: American Power Conversion, Best Power, Exide Electronics Group,IntelliPower, and TrippLite • Storage Devices • Disk Array: Compaq, EMC, Fujitsu/Siemens, Hewlett-Packard, Hitachi, IBM, LSI, Storage Technology, and Sun • Optical: FileNET, Hewlett-Packard, Plasmon LMS and Maxoptic • Tape Products: ADIC, Benchmark, Compaq, Dell, Ecrix, Exabyte, Hewlett- Packard, IBM, Overland Data, Quantum/ATL, Seagate, Sony, Storage Technology, Sun, and Tandberg • Printers • Production Printers: Canon,Heidelburg, IBM, OCE, Xeikon, and Xerox • Workgroup Printers: Canon, Hewlett-Packard, IBM, Lexmark, Minolta-QMS, OCE, Oki Data, Ricoh, Sharp, and Xerox • Videoconferencing Systems and Video Bridging Equipment: , PictureTel, Polycom, Sony, Tandberg, WON and VTEL • Firewalls: Atipa, Axent Technologies, BorderWare Technologies, CyberGuard, Equant Integration Services, eSoft, Freemont Avenue Software, IBM, InfoExpress, Internet Appliance, Livermore Software Laboratories, Netscreen Technologies, NetWolves, POP Security, Sotsoft, SonicWall, Symantec, Tiny Software, WatchGuard Technologies, Zone Labs and Zyan Communications. 2.03 Additional Eligible Brands: In addition to the foregoing brands, the Department will consider other manufacturers' brands. To be eligible for consideration, a bidder must conclusively demonstrate, by documentation submitted with its bid in the manner and time described in the Instructions to Bidders, either (1) for all categories except Video Teleconferencing, that the brand offers products comparable to those identified and that it satisfies the criteria for "other" brands specified on the bid table for that particular category (for example, a minimum installed base, greater percentage of market share, etc.), or (2) for Video Teleconferencing Systems and Video Bridging Equipment,that the brand complies with the following specification(section 2.04). 2.04 Video Teleconferencing Systems and Video Bridging Equipment Specification Standard Protocols International Telecommunication Union - Telecommunication Standardization Sector(ITU-T) H.221 Frame structure for a 64 to 1920 kbit/s channel in audiovisual teleservices H.224 A real time control protocol for simplex applications using the H.221 LSD/HSD/MLP channels H.230 Frame-synchronous control and indication signals for audiovisual systems H.231 Multipoint control units for audiovisual systems using digital channels up to 1920 kbit/s H.242 System for establishing communication between audiovisual terminals using digital channels up to 2 Mbit/s H.243 Procedures for establishing communication between three or more audiovisual terminals using digital channels up to 1920 kbit/s H.261 Video CODEC for audiovisual services at p x 64 kbit/s H.263 Video coding for low bit rate communication H.281 A far end camera control protocol for videoconferences using H.224 H.320 Narrow-band visual telephone systems and terminal equipment H.323 Packet-based multimedia communications systems G.711 Pulse code modulation (PCM) of voice frequencies G.722 7 kHz audio-coding within 64 kbit/s G.728 Coding of speech at 16 kbit/s using low-delay code excited linear prediction T.120 Data protocols for multimedia conferencing Copies may be obtained from: International Telecommunication Union List of ITU-T Recommendations www.itu.int/publications In systems where equipment of different manufacturers is proposed, the Contractor is responsible for insuring the compatibility of the equipment to be purchased, including any required tests or demonstrations. The teleconferencing equipment covered by this specification shall be supplied with all essary software and AC power cord. The Contractor shall provide the Customer with any assistance required in selecting the essary equipment, options, and accessories needed to configure teleconference systems meeting user needs. CODEC Diagnostics: All CODEC's shall include diagnostics for local use. Specific diagnostics must be listed that are available either remotely or locally. Software Updates: As a part of the warranty in the first year and under any maintenance agreement thereafter, software updates for CODEC's purchased under this specification shall be updated, at no cost to the Customer, in a timely manner to adhere to new standards when they are incorporated by the Contractor. Auto-Answer: The CODEC shall be capable of engaging in a videoconference automatically when called or conted. Transmission Data Rates/Standards: The CODEC shall be capable of supporting ITU-T standards 11320 or 11323 or both (i.e., dual compliant). An H.320 compliant CODEC shall be capable of full duplex, color video and integrated audio for transmission across industry standard telephone facilities (T-1 and ISDN) with transmission rates of at least 112 Kbps. An H.323 compliant CODEC shall be capable of full duplex, color video and integrated audio transmission across LAN/WAN facilities at transmission rates of at least 128 Kbps. CODEC Video: The CODEC shall have picture resolution of no less than 352 x 288 pixels at full CIF (FCIF), and shall support picture-in-picture or windowing. The CODEC shall be capable of being conted to a video bridge for multi-room conferences. CODEC Audio: The CODEC audio system shall: • be full duplex, have active echo cancellation, and be simple to tune for a particular room; • be compatible with other video conferencing systems; • allow normal conversation between rooms as if the users were in the same location; • allow users to talk from both ends at the same time, with interruptions to either party, without clipping, distortion, or loss of contents; • have privacy or mute function capability from the system control unit; • support the requirement of a bridge or virtual bridge for multi-room conferencing; • provide for"Lip Sync" between the video and audio and allow volume adjustments from the CODEC control unit; and • contain the audio amplifiers, echo canceller, and combiner either internal to the CODEC or by the use of external equipment, as well as the control switching functions for both audio and video. Video Bridging Equipment General: The video bridging equipment covered by this specification shall be supplied with all essary hardware, software, and cables needed to cont to the network and AC power. The video bridge shall be configured according to the Customer's requirements at the time of order. Minimum Requirements Video Compression Algorithms: Video bridges shall be capable of integrating signals from ITU- T H.320 and/or H.323 compliant CODECs and support ITU-T H.231 (Multipoint control units for audiovisual systems using digital channels up to 1920 kbit/s); and be able to link at least three (3) H.320 and/or H.323 CODECs. Video bridges shall also be compatible with ITU-T H.243 (Procedures for establishing communication between three or more audiovisual terminals using digital channels up to 1920 kbit/s) for control procedures between H.231 video bridges and H.320/H.323 CODECs. Cascading: All ITU-T H.320 video bridges shall accept a minimum of three simple video bridge cascades. Switching: All video bridges shall support ITU-T H.243 (Procedures for establishing communication between three or more audiovisual terminals using digital channels up to 1920 kbit/s) voice activated switching (sites are viewed as participants speak), and shall have chair person controlled video switching (facilitators at sites select site to view). Reservation and Diagnostics: The video bridge shall provide conference reservation features, either by built-in software or by communication with an outside reservation system. The reservation feature shall provide advanced scheduling capabilities with automatic dial up and/or manual dial-in of conference sites, and ad hoc conferencing configurations. Additionally, operational control and monitoring of multipoint conferences shall be included and shall provide complete analysis and control of all conferences. Audio Compression Algorithms: Video bridges must support at least the following ITU-T audio coding schemes: G.711, G.722 and G.728. 2.05 Standard Support Levels: Contractors shall provide the following levels of support under the Contract: • Inside delivery, with buyer set-up and installation • Standard manufacturer's warranty • 30-day money back guarantee, return to Contractor, with no shipping charges or restocking fee or comparable charges Optional Support that may be offered on particular purchases: • Contractor set-up and installation • Warranty upgrade (to 5-year maximum). Warranty upgrade may be purchased at time of system purchase or during the warranty period • Warranty service response upgrade, e.g.; maximum 4-hour response and/or 8-hour response Optional support levels resulting in increased cost to Customers shall be clearly and separately identified on the Contractor's authorized product and price list. Integrated components shall carry the same support level and warranty provisions as the system (by way of non-exclusive example, monitors, keyboards, mouse and trackball, expansion boards, network interface cards, internal modems, and multimedia). Customers shall not be required to purchase maintenance from Contractor and may enter into separate agreements for maintenance and support with persons other than Contractor. 2.06 Additional Support -Video Teleconferencine and Video Bridging Equipment In addition to the Standard Support Levels referenced above, the following minimum Customer training is required. The cost of this training shall be included in the purchase price of the equipment. • Video Teleconferencing Equipment: When requested by the Customer, the Contractor shall provide on-site training in the use of the new equipment at each of the Customer's videoconference rooms. Training shall include all aspects of equipment operation, including basic problem identification, and shall include operating instructions and system documentation. Training sessions shall be at least one hour in length, and may be consolidated with the Customer's approval for multiple systems delivered to the same location, e.g., a building or campus. Training dates and times shall be coordinated with the Customer. • Video Bridging Equipment: When requested by the Customer, and for each video bridging equipment package purchased, the Contractor shall provide on-site technical and operational training for at least one system administrator. The training session shall be at least four hours in length. Training shall include all required instruction manuals, technical documents, and software, and shall cover all aspects of the programming and operation of the equipment. This training may also be supplemented by user training at the Contractor's facilities. Training dates and times shall be coordinated with the Customer. 2.07 Refurbished and Remanufactured Product: The State encourages recycling and conservation of resources. Toward this end, a Contractor may offer refurbished and remanufactured product and product with refurbished and remanufactured components. "Refurbished" means the product or component has been cleaned, resurfaced, re-engineered, and returned to its original level of operation. "Remanufactured" means the product or component has been repaired or upgraded by incorporating used equipment, parts, or systems from elsewhere. A CONTRACTOR SHALL CONSPICUOUSLY IDENTIFY ANY REFURBISHED OR REMANUFACTURED PRODUCT OR COMPONENTS OFFERED UNDER THE CONTRACT. Any such product shall be completely tested by the Contractor and ready for installation, and shall be covered by the standard support levels specified in sections 2.05 and 2.06. Customers should consider that lowest price does not always equate with best value. Customers should consider the technical merits of used vs. new product, and should weigh the merits against the capital and operational costs for the product's expected life cycle. Unless a purchase order expressly specifies refurbished or remanufactured product or components, the Contractor shall famish new product only. General Conditions Contents 3.01 Definitions 3.02 Eligible Customers 3.03 Requests for Quotes 3.04 Posting and Revision of Authorized Product and Price List 3.05 Product Version 3.06 Quantity Discounts 3.07 Best Pricing Offer 3.08 Sales Promotions 3.09 Trade-In 3.10 Americans With Disabilities Act 3.11 Energy Star Compliant 3.12 Authorized Product Categories 3.13 Purchase Orders 3.14 Packaging 3.15 Manufacturer's Name and Approved Equivalents 3.16 Inspection at Contractor's Site 3.17 Safety Standards 3.18 Literature 3.19 Transportation and Delivery 3.20 Installation 3.21 Inspection and Acceptance 3.22 Title to Deliverables 3.23 Software License Grant 3.24 Invoicing and Payment 3.25 Taxes 3.26 Customer's Default 3.27 Annual Appropriations 3.28 Surcharge Fee and Summary of Total Sales 3.29 Governmental Restrictions 3.30 Compliance with Laws 3.31 Lobbying and Integrity 3.32 Indemnification 3.33 Performance Bond 3.34 Suspension of Work 3.35 Termination for Convenience 3.36 Termination for Cause 3.37 Force Majeure, Notice of Delay, and No Damages for Delay 3.38 Equitable Adjustment 3.39 Scope Changes 3.40 Renewal 3.41 Advertising 3.42 Assignment 3.43 Dispute Resolution 3.44 Employees, Subcontractors, and Agents 3.45 Security and Confidentiality 3.46 Independent Contractor Status of Contractor 3.47 Insurance Requirements 3.48 Service 3.49 Warranty 3.50 Warranty of Authority 3.51 Warranty of Ability to Perform 3.52 Year 2000 Compliance Warranty 3.53 Warranty of No Hardstop/Passive License Monitoring 3.54 Notice 3.55 Leases and Installment Purchases 3.56 Prison Rehabilitative Industries and Diversified Enterprises,Inc. (PRIDE) 3.57 Modification of Terms 3.58 Waiver 3.59 Execution in Counterparts 3.60 Severability 3.01 Definitions: The term "bid" means the offer extended to the Department in response to this solicitation. The forms to accompany the bid are included in section 4.0 of these solicitation documents. "Contract" means the legally enforceable agreement, if any, that results from this solicitation. The parties to the Contract will be the Department and Contractors. The Contract shall be reduced to writing substantially in the form included in section 4.0 of these solicitation documents. "Contract Specialist" means the State Purchasing employee who is primarily responsible for administration of the Contract. The Contract Specialist is identified in the Instructions to Bidders, and the Department shall conspicuously post contact information on its Internet web page associated with the Contract. The Department may appoint a different Contract Specialist, which shall not constitute an amendment to the Contract, by updating the posted contact information and sending notice to Contractor. Any communication to the Department by Contractors, by State Customer contract managers or contract administrators, or by other Customer purchasing officials, shall be addressed to the Contract Specialist. "Contractor" means a successful bidder, which, along with the Department, will enter into the Contract. The Department anticipates making a multiple award, but for sake of convenience the solicitation documents use the singular form of this term. If a Contractor is a manufacturer, its certified dealers and resellers may also furnish products under the Contract; in choosing to do so, the dealers and resellers agree to honor the Contract and the term "Contractor" shall be deemed to refer to them. Unless awarded the Contract as a direct bidder, however, dealers and resellers j are not parties to the Contract, and the Contractor that certifies them shall be responsible for their actions and omissions. "Customer" means the State agencies and other eligible users that will order products directly from the Contractor under the Contract. By ordering products under the Contract, the Customer agrees to its terms. Customers are not, however, parties to the Contract. "Department" means the Florida Department of Management Services. The Department will be a party to the Contract. "State Purchasing," a division within the Department's Support Program, is responsible for administration of this solicitation and will be responsible for day-to- day administration of the Contract. State Purchasing may be reached at 4050 Esplanade Way, Suite 360, Tallahassee, FL 32399-0950, (850) 487-4634, or via links posted at http://www.myflorida.com/myflorida/business/index.html. The Department reserves the right to contract with a third-party service provider to assume responsibility for administration of the Contract. "Product" means any deliverable under the Contract, which may include commodities, services, technology or software. "Purchase order" means the form or format a Customer uses to make a purchase under the Contract (e.g., a formal written purchase order, electronic purchase order, procurement card, or other authorized means). "State"means the State of Florida and its agencies. 3.02 Eligible Customers: Section 287.056 of the Florida Statutes governs agencies' use of the Contract. Others may seek Department approval under section 287.042(2)(a) as an eligible user of the Contract. Customers participating in the Contract do so according to the following terms: (1) non-State Customers assume and bear complete responsibility with regard to performance of any contractual obligation or term; (2) breach of a Contract term by any particular Customer shall not be deemed a breach of the Contract as a whole, which shall remain in full force and effect, and shall not affect the validity of the Contract nor the Contractor's obligations to non- breaching Customers or the Department; (3) the State shall not be liable for any breach by a non- State Customer; (4) each non-State Customer and the Contractor guarantee to save the State and its officers, agents, and employees harmless from liability that may be or is imposed by their failure to perform in accordance with their obligations under the Contract. 3.03 Requests for Quotes: Unlike most products, technology products historically decrease in price over time. Therefore, it is in the Customer's best interest not to set the price for any particular technology product until the date the product is purchased. For all purchases of$2,500 or greater, CUSTOMERS ARE RESPONSIBLE FOR COMPETITIVELY SETTING THE PRICE FOR EACH PARTICULAR ORDER, AND THEY SHALL DO SO BY INITIATING A REQUEST FOR QUOTES ("RFQ"), which is an oral or written request for written pricing or service information from a Contractor for products available under the Contract from that Contractor. Customers shall create and maintain written records of oral and written requests, as well as records of quotes received. Quotes shall be in writing but otherwise informal, and need not be received or posted publicly or at a articular time or lace. A P P Y P P Customer shall initiate a sufficient number of requests to obtain a minimum of three quotes, should look for a Contractor willing to beat its own (or a competitor's) currently authorized Contract price, and shall place its purchase order with the Contractor quoting the lowest price, unless the Customer documents in writing that the lowest price quote would not result in best value (for example, lowest price is for refurbished or remanufactured product). 3.04 Posting and Revision of Authorized Product and Price List: Every Contractor shall maintain on the Internet a list of the products it is authorized to sell under the Contract. The list shall clearly indicate the ceiling price for each product, expressed either as a single price or as a percentage savings off the "benchmark" price. On the Ordering Instructions form submitted with the bid, bidders shall note the proposed Universal Resource Locator (URL) for this list. Posting of the list in a form easily accessible to the Department and Customers shall be a condition precedent to Contractor's right to payment under the Contract. The Department, in its sole discretion, may maintain Contractor's authorized list or provide electronic links to it. Regardless of the number of links to the list, Contractor shall ensure that Customers are able to access one, and only one, version of the authorized list. The authorized list shall include, either directly or via electronic link, the following: Contract number; contact person; part or product numbers and descriptions; ordering information; and pricing information. Contractor's initial authorized list shall be substantially identical to the "benchmark" list submitted with the bid and used in making the award, or that portion of it bid by Contractor. Contractor shall not make the list generally available or accept any orders off of it until the Department approves the list. Contractor may thereafter amend the list to reflect product line and price changes, subject to the following restrictions. • For product line changes, a Contractor shall offer products under the Contract only within those sub-categories it is currently authorized to offer. For example, if a Contractor currently is authorized to sell servers but not personal computers, the Contractor shall not add personal computers to its authorized list of products. During the term of the Contract, however, a Contractor may seek to increase the number of product categories it is authorized to offer by being added as an authorized Contractor for other categories, as outlined in paragraph 3.12 of these General Conditions. Upon written request of a Customer, the Department may waive this prohibition for a particular transaction and allow a Contractor to bundle and sell products that it is not currently authorized to sell along with products that is authorized to sell, if the Customer conclusively demonstrates, to the Department's satisfaction, that the "package deal" would provide the best value to the State. Within its currently authorized product categories, a Contractor may amend its list to reflect product developments. Any added product shall be offered at the then-current authorized percentage discount, which shall always be at least as great as the discount offered initially. • For price changes, a Contractor shall only decrease, and shall never increase, the prices offered initially (stated differently, a Contractor may increase, but never decrease, its percentage discount). Posted price reductions shall take effect immediately and be applied to unshipped and subsequent orders. CONTRACTORS ARE FREE TO OFFER GREATER DISCOUNTS FOR INDIVIDUAL TRANSACTIONS, AND CUSTOMERS ARE REQUIRED TO SEEK THEM AND TO EXPLORE WHETHER OTHER CONTRACTORS AUTHORIZED FOR THE PRODUCT CATEGORY OFFER BETTER DISCOUNTS THROUGH THE RFQ PROCESS. • At least two business days before making any changes to the posted authorized list — whether to products, to prices, or otherwise — a Contractor shall notify the Contract Specialist by e-mail of its intent to make a change and describe the proposed change. The Department may, in its sole discretion, prohibit any requested change or direct a Contractor to undo any change already made. In addition, the Department may direct rescission of any purchase order entered into on the basis of an unauthorized product and price list. • Changes to the authorized list or to related information (for example, ordering information) shall not be deemed Contract amendments. • On a quarterly basis, or more frequently if directed in writing by the Contract Specialist, Contractor shall submit written certification of changes made to its authorized list. The certification shall be substantially in the form included in Section 4 of the solicitation documents, "Certification of Changes to Authorized Product and Price List." Failure to submit the form in a timely manner shall constitute grounds for terminating the Contract. Falsification of any information on the form shall subject Contractor to civil liability and criminal prosecution. • The Department reserves the right to revise these restrictions in conjunction with implementation of an on-line procurement system. 3.05 Product Version: Purchase orders shall be deemed to reference a manufacturer's most recently released model or version of the product at the time of the order, unless the Customer specifically requests in writing an earlier model or version and the Contractor is willing to provide such model or version. 3.06 Quantity Discounts: Contractors are urged to offer additional discounts for one time delivery of large single orders of any assortment of items. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly. 3.07 Best Pricin¢Offer: During the Contract term, if the Contractor sells substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, at a lower price, then at the discretion of the Department the price under the Contract shall be immediately reduced to the lower price. 3.08 Sales Promotions: In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period or for a specific Customer group (e.g., K-12, Higher Education, State Customers, etc.). A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting and ending dates of the promotion or (2) specific Customers to which the promotion is addressed and (3) products involved and (4) promotional prices compared to then-authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall conspicuously post notice of the promotion with its authorized product list. 3.09 Trade-In: Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fair market value when trading equipment, and to keep accurate records of the process. For State agencies, it may be essary to provide documentation to the Office of the State Comptroller and to the agency property custodian. 3.10 Americans With Disabilities Act: Contractors should identify any products that may be used or adapted for use by visually, hearing, or other physically impaired individuals. 3.11 Energy Star Compliant: The Federal Environmental Protection Agency encourages the manufacture of energy efficient computer hardware, and the State supports this initiative. The Department prefers that all products offered under the Contract be Energy Star compliant and bear the EPA Energy Star Logo. Customers should seek to reduce the total cost of equipment ownership and operation, and they should consider the purchase of Energy Star compliant equipment if it meets their performance needs. 3.12 Authorized Product Categories: Upon Contractor's written request, the Department may authorize the Contractor to furnish product under other categories or subcategories identified in the solicitation documents. In considering Contractor's request, the Department shall apply substantially the same terms and conditions governing the initial solicitation. The Department's decision on the request shall be final and not subject to appeal of any kind. 3.13 Purchase Orders: A Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract terms and conditions. Any discrepancy between the Contract terms and the terms stated on the Contractor's order form, confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to incorporate by reference the requirements of subparagraphs (a) through (f) thereof. Even where not otherwise required, CUSTOMERS ARE ENCOURAGED TO INCLUDE PROVISIONS THAT PROMOTE GOOD CONTRACT MANAGEMENT PRACTICES AND ENABLE THE CUSTOMER AND CONTRACTOR TO MONITOR AND ADJUST PERFORMANCE, for example, provisions clearly defining the scope of the work, provisions dividing the order into objectively measured deliverables, provisions setting forth schedules for completion and (where appropriate) liquidated damages for untimely completion, etc. State Customers shall designate a contract manager and a contract administrator as required by subsections 287.057(14) and (15) of the Florida Statutes. The Department reserves the right to revise this section in conjunction with implementation of an on-line procurement system. 3.14 Packaging: Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer's property. 3.15 Manufacturer's Name and Approved Equivalents: Unless otherwise specified, any manufacturers' names, trade names, brand names, information and/or catalog numbers listed in a specification are descriptive, not restrictive. With the Department's prior approval, the Contractor may offer any product that meets or exceeds the applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The Department shall determine in its sole discretion whether a product is acceptable as an equivalent. 3.16 Inspection at Contractor's Site: The State reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor or prospective Contractor (bidder) to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. 3.17 Safety Standards: All manufactured items and fabricated assemblies subject to operation under pressure, operation by contion to an electric source, or operation involving contion to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies; and the American Gas Association for gas-operated assemblies. In addition, all items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating to clean air and water pollution. 3.18 Literature: Upon request, the Contractor shall furnish Customers literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. 3.19 Transportation and Delivery: Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability to deliver or intentional delays shall be cause for Contract cancellation and Contractor suspension. 3.20 Installation: Where installation is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge, unless otherwise designated on the purchase order. Contractor's authorized product and price list shall clearly and separately identify any additional installation charges. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order. 3.21 Inspection and Acceptance: Inspection and acceptance shall be at destination unless otherwise provided. For Contractor-installed products, the date of acceptance is the date the Customer accepts the product as installed and in good working order, as determined by any appropriate acceptance testing, and the Customer shall certify in writing to the Contractor when the product is accepted (if training or other post-installation services are included in the purchase order, the acceptance shall be conditional). For Customer-installed products, the date of acceptance shall be the delivery date. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damage to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification of rejection. Upon rejection notification, the risk of loss of rejected or non-conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. 3.22 Title to Deliverables: For purposes of this section, a "product" is any deliverable furnished under the Contract, including but not limited to (1) components of the hardware environment, (2) printed materials, (3) third-party software, (4) programs and programming modifications, customizations, tools, data, modules, and components, and (5) any tangible or intangible properties embedded therein. A product is "existing" if it is a tangible or intangible licensed product that exists before Contract work begins (the Contractor shall bear the burden of proving that a product existed before work began). A product is "custom" if it is any product, preliminary or final, that is created under the Contract for the Customer by the Contractor or its employees, subcontractors, or agents. For existing hardware products, title to a hardware product shall pass to Customer upon written acceptance. For existing software products, that are normally commercially distributed on a license basis by the Contractor or other independent software proprietary owner (ISPO), whether or not embedded in, delivered, or operating in conjunction with hardware or a custom product, title shall remain with the Contractor or ISPO. Effective upon acceptance, such product shall be licensed to the Customer in accordance with the Contractor or ISPO's standard licensed agreement, provided, however, that the license agreement shall, at a minimum, (1) grant the Customer a non-exclusive license to use, execute, reproduce, display, perform, adapt (unless the Contractor demonstrates to the Customer before execution of a purchase order that adaptation will violate existing agreements or law) and distribute the product to authorized users up to the license capacity identified in the purchase order with all license rights essary to effect the Customer's stated purpose, and (2) recognize the State as the licensee, where the Customer is part of the State. Where these rights are not otherwise covered by the ISPO's standard license agreement, the Contractor shall obtain these rights at its sole expense. The Customer shall reproduce all copyright notices and any other legend of ownership on any copies authorized under this paragraph. For custom products, effective upon creation the Contractor hereby conveys to the Customer the sole and exclusive rights, title and interest in the product, including all trademark and copyrights, and the Contractor shall take all essary and appropriate steps to ensure that the products are protected against unauthorized copying, reproduction, or marketing through the Contractor or its employees, subcontractors, or agents; provided, that the Contractor may otherwise use any related or underlying general knowledge, skills, ideas, concepts, techniques and experience developed under the Contract. In the alternative to taking exclusive ownership and title to such products, the Customer may elect, by providing written notice to the Contractor, to take a non-exclusive license to use, execute, reproduce, display, perform, and distribute the product as described in the preceding paragraph. 3.23 Software License Grant: Where product is acquired on a licensed basis, the following terms shall constitute the license grant. Scope: Licensee is granted a non-exclusive license to use, execute, reproduce, display, perform, or merge the product within its business enterprise in the United States up to the maximum licensed capacity identified on the purchase order. The product may be accessed, used, executed, reproduced, displayed, or performed up to the capacity measured by the applicable licensing unit identified on the purchase order (i.e., payroll size, number of employees, CPU, MIPS, MSU, concurrent user, workstation, etc.). Licensee shall have the right to use and distribute modifications and customizations of the product to and for use by any Customers otherwise licensed to use the product, provided that any modifications, however extensive, shall not diminish licensor's proprietary title or interest. This paragraph grants no license, right, or interest in any trademark, trade name, or service mark. Term: The license term shall begin the date the product is accepted. Where a license involves licensee's right to copy a previously licensed and accepted master copy, the term shall begin the date the purchase order is executed. Documentation: Upon request, the Contractor shall deliver to the licensee at the Contractor's expense (1) one master electronic copy and one hard copy of product documentation or (2) one master electronic copy and hard copies of the product documentation by type of license in the following amounts, unless otherwise agreed: for individual/named user, one copy per licensee; for concurrent users, ten copies per site; for processing capacity, ten copies per site. The master electronic copy shall be in either CD-ROM or diskette format and usable without conversion (for example, if a unit has only a 3%" disk drive, software shall be provided on 3'/2" diskettes). The Contractor hereby grants the Customer a perpetual license right to make, reproduce (including downloading electronic copies), and distribute, either electronically or otherwise, copies of product documentation as essary to enjoy full use of the product in accordance with the terms of the license. Technical Support and Maintenance: Licensee may elect the technical support and maintenance ("maintenance") set forth in the Contract by giving written notice to the Contractor any time during the Contract term. Maintenance shall include, at a minimum, (1) providing error corrections, patches, updates, revisions, fixes, upgrades, and new releases to licensee, and (2) Help Desk assistance accessible via toll-free or local telephone call or on-line. The Contractor shall maintain the products so as to provide licensee with the ability to use the products in accordance with the product documentation, without significant functional downtime to ongoing operations during the maintenance term. The Customer shall not be required to purchase maintenance for use of the product, and the Customer's license shall not be invalidated for refusal to purchase maintenance. The maintenance term(s) and any renewals are independent of the Contract term. The Customer may discontinue maintenance at the end of any current maintenance term upon notice to the Contractor; provided, the term shall not automatically renew. If the Customer does not initially acquire, or discontinues, maintenance, the Customer may at any later time reinstate maintenance without any penalties or other charges, by paying the Contractor the amount, if any, that would have been due under the Contract for the period that maintenance had lapsed, or for twelve months, whichever is less. Transfers: Licensee's operations may be altered, expanded, or diminished. Licenses may be transferred or combined for use at an alternative or consolidated site not originally specified in the license, including transfers between agencies. Contractor approval is not required for such transfers, but licensee shall give prior written notice to the Contractor. There shall be no additional license or other transfer fees due, provided that (1) the maximum capacity of the consolidated machine is equal to the combined individual license capacity of all licenses running at the consolidated or transferred site (e.g., named users, seats, or MIPS) or (2) if the maximum capacity of the consolidated machine is greater than the individual license capacity being transferred, a logical or physical partition or other means of restricting access will be maintained within the computer system to restrict use and access to the product to that unit of licensed capacity solely dedicated to beneficial use for licensee. If the maximum capacity of the consolidated machine is greater than the combined individual license capacity of all licenses running at the consolidated or transferred site, and a logical or physical partition or other means of restricting use is not available, the fees due the Contractor shall not exceed the fees otherwise payable for a single license for the upgrade capacity. Restricted Use by Third Parties: Outsourcers, facilities management, service bureaus, or other services retained by licensee shall have the right to use the product to maintain licensee's operations, including data processing, provided that (1) licensee gives notice to the Contractor of such third party, site of intended use of the product, and means of access, (2) the third party has executed, or agrees to execute, the product manufacturer's standard nondisclosure or restricted use agreement, which agreement shall be accepted by the Contractor, and (3) the third party shall maintain a logical or physical partition within its computer system to restrict access to the program to that portion solely dedicated to beneficial use for licensee. Licensee shall not be liable for any third party's compliance or noncompliance with the terms of the nondisclosure agreement, nor shall the nondisclosure agreement create or impose any liabilities on the State or the licensee. Any third party with whom a licensee has a relationship for a State function or business activity shall have the temporary right to use product (e.g., Java applets), provided that such use shall be limited to the period during which the third party is using the product for the function or activity. Archival Backup: Licensee may use and copy the product and related documentation in contion with reproducing a reasonable number of copies for archival backup and disaster recovery procedures. Source Code Escrow: If either the product manufacturer/developer or the Contractor offers source code or source code escrow to any other commercial customer, or if either entity seeks bankruptcy protection, then the Contractor shall either (1) provide licensee with source code for the product, (2) place the source code in a third-party escrow arrangement with a designated escrow agent, which shall be identified to the Department, and which shall be directed to release the deposited source code in accordance with a standard escrow agreement acceptable to the Department, or (3) certify to the Department that the product manufacturer/developer has named the State, acting by and through the Department, and the licensee, as named beneficiaries of an established escrow arrangement with its designated escrow agent, which shall be identified to the Department and licensee, and which shall be directed to release the deposited source code in accordance with the terms of escrow. Source code, as well as any corrections or enhancements, shall be updated for each new release of the product in the same manner as provided above and such updated shall be certified in writing to the Department. The Contractor shall identify the escrow agent upon commencement of the Contract term and shall certify annually that the escrow remains in effect in compliance with the terms of this paragraph. The State may release the source code to licensees under the Contract which have licensed product or obtained services, and which may use the copy of the source code to maintain the product. Confidentiality: The product is a trade secret, copyrighted and propriety product. Licensee and its employees shall not disclose or otherwise distribute or reproduce any product to anyone other than as authorized under the Contract. Licensee shall not remove or destroy any of the Contractor's proprietary markings. Restricted Use: Except as expressly authorized by the terms of license, licensee shall not: copy the product; cause or permit reverse compilation or reverse assembly of the product or any portion; or export the product in violation of any U.S. Department of Commerce export administration regulations. Proof of License: The Contractor shall provide to each licensee that places a purchase order either (1) the product developer's certified license confirmation certificates in the name of the licensee or (2) a written confirmation from the proprietary owner accepting the product invoice as a proof of license. The Contractor shall submit a sample certificate, or alternative confirmation, which shall be in a form acceptable to the licensee. Audit of Licensed Usage: The Contractor may periodically audit, no more than annually and at its expense, use of licensed product at any site where a copy resides provided that (1) the Contractor gives licensee at least thirty days written advance notice, (2) the audit is conducted during the licensee's normal business hours, (3) the audit is conducted by a State Inspector General's office or, for non-State licensees, by an independent auditor chosen by mutual agreement of the licensee and Contractor as follows: the Contractor shall recommend a minimum of three auditing/accounting firms, from which the licensee shall select one; in no case shall the Business Software Alliance, Software Publishers Association, or Federation Against Software Theft be recommended by the Contractor or used, directly or indirectly, to conduct audits, (4)the Contractor and licensee shall designate a representative who shall be entitled to participate, who shall mutually agree on audit format, and who shall be entitled to copies of all reports, data, or information obtained from the audit, and (5) if the audit shows that the licensee was not in compliance, the licensee shall purchase additional licenses or capacities essary to bring it into compliance and shall pay for the unlicensed capacity at the Contract price then in effect or, if none, then at the Contractor's U.S. commercial list price. Once such additional licenses and capacities are purchased, licensee shall be deemed to have been in compliance retroactively, and licensee shall have no further liability of any kind for the unauthorized use of the product. Bankruptcy: The Contract is subject to the terms of section 365(n) of the United States Bankruptcy Code ("Code") if the licensor files a bankruptcy petition. Licensor's failure to perform its continuing obligations shall constitute a material breach of the Contract excusing performance by the licensee. Royalty payments for use of intellectual property shall be separate from and independent of payments for performance of all other obligations under the Contract (e.g., continuing development obligations, maintenance and support obligations, obligations to provide updates, indemnity obligations, etc.). Upon request, the licensor shall furnish licensee any intellectual property, as defined in the Code, and any embodiment of that intellectual property held by the licensor. If licensee must hire third-parties to perform support, maintenance, or development tasks previously performed by licensor, the licensee may provide intellectual property to such third-parties without violating non-disclosure or exclusivity provisions. 3.24 Invoicing and Payment: Invoices shall contain the Contract number, purchase order number, and the Contractor's SPURS vendor number. The State may require any other information from the Contractor that the State deems essary to verify any purchase order placed under the Contract. At the Department's option, Contractors may be required to invoice electronically pursuant to Department guidelines. Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices. Time limits do not begin until the Contractor submits a properly completed invoice. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire about the status of payments by State agencies. The Customer is responsible for all payments under the Contract. A Customer's failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. 3.25 Taxes: The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages. Purchases by non-State Customers may be subject to taxes, which shall be computed based on the purchase price and added to the invoice submitted to such entity for payment. 3.26 Customer's Default: A Customer's breach of the terms of a particular order shall not be deemed a breach of the Contract. If a Customer fails to make a payment to the Contractor for products delivered or provided, accepted, and properly invoiced, within sixty days after approval for payment, then the Contractor may, upon ten days advance written notice to both the Department and Customer's purchasing official, suspend additional shipments of product or provision of services to that specific Customer until such time as reasonable arrangements have been made and assurances given by the Customer for current and future Contract payments. Notwithstanding the foregoing, the Contractor shall, in writing and at least ten days before declaring a Customer in breach of the terms of a particular order, notify both the Department and Customer's purchasing official of the specific facts, circumstances and grounds upon which the Contractor intends to declare a breach. If the Contractor's basis for declaring a breach is determined, then or later, to be insufficient, then the Contractor's declaration of breach and failure to service the Customer shall constitute a breach of the Contract by the Contractor and the Department or Customer may thereafter seek any remedy available at law or equity. 3.27 Annual Appropriations: The State's performance and obligation to pay under the Contract are contingent upon an annual appropriation by the Legislature. 3.28 Surcharge Fee and Summary of Total Sales: Pursuant to section 287.1345 of the Florida Statutes, a surcharge fee of one percent (1.0%) is imposed on Contractor's sales under the Contract. The fee shall be paid by the Contractor and must be included in prices bid and cannot be added as a separate item. After receipt of payment from the Contract purchases, all Contractor surcharge fees shall be payable to the Department no later than 15 days after the end of each quarter. The Contractor shall note "surcharge fee" and the contract number on a check and remit it to: Florida Department of Management Services P.O. Box 5438 Tallahassee, FL 32314-5438 At the end of each calendar quarter, the Contractor shall complete and submit to State Purchasing the Vendor User Fee Report form (PUR 7073C) included in section 4.0 of these solicitation documents. By submission of these reports and corresponding Contractor surcharge deposits, Contractor is certifying their correctness. All such reports and fee deposits shall be subject to audit by the State. Contractors shall be responsible for reporting sales and paying user fees resulting from sales made by authorized resellers. The Department reserves the right to revise collection and reporting requirements in conjunction with implementation of an on-line procurement system. 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 surcharge fees. CONTRACTORS DELINQUENT IN PAYING USER FEES MAY BE EXCLUDED FROM BIDDING ON DEPARTMENT CONTRACTS. 3.29 Governmental Restrictions: If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Department in writing, indicating the specific restriction. The Department reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Department. 3.30 Compliance with Laws: The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, State, and local agencies having jurisdiction and authority. By way of non-exhaustive example, Chapter 287 of the Florida Statutes and Chapter 60A-1 of the Florida Administrative Code govern the Contract. By way of further non-exhaustive example, the Contractor shall comply with section 247A(e) of the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. Violation of such laws shall be grounds for Contract termination. 3.31 Lobbying and Integrity: Pursuant to section 216.347 of the Florida Statutes, the Contractor may not expend any State funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. In addition, the Contractor shall not, in contion with this or any other agreement with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Department's Inspector General, or other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of(1) three years after the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dlis.dos.state.fl.us/barns/genschedules/gensched.htm). The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result in the Contractor's suspension or debarment. 3.32 Indemnification: The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors; provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer. Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided that the State or Customer shall give the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Customer in an infringement action without the Contractor's prior written consent, which shall not be unreasonably withheld. If any product is the subject of an infringement suit, or in the Contractor's opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify it to become non-infringing. If the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The Customer shall not be liable for any royalties. Except as specified in the foregoing portions of this section, for all other claims against the Contractor under any individual purchase order, and regardless of the basis on which the claim is made, the Contractor's liability under a purchase order for direct damages shall be the greater of$100,000, the dollar amount of the purchase order, or two times the charges rendered by the Contractor under the purchase order. Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special, indirect, or consequential damages, including lost data or records (unless the purchase order requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be essary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 3.33 Performance Bond: Customers may require the Contractor to furnish without additional cost a performance bond or negotiable irrevocable letter of credit or other form of security for the faithful performance of work under the Contract. Such requirement shall be set forth in the purchase order. 3.34 Suspension of Work: The Department may in its sole discretion suspend any or all activities under the Contract, at any time, when in the best interests of the State to do so. The Department shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Department shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract. Suspension of work shall not entitle the Contractor to any additional compensation. 3.35 Termination for Convenience: The Department, by written notice to the Contractor, may terminate the Contract in whole or in part when the Department determines in its sole discretion that it is in the State's interest to do so. The Contractor shall not furnish any goods or perform any services after it receives the notice of termination, except as essary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 3.36 Termination for Cause: The Department may terminate the Contract if the Contractor fails to (1) deliver the supplies or perform the services within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), Florida Administrative Code, governs the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted services or supplies were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Department. The rights and remedies of the Department in this clause are in addition to any other rights and remedies provided by law or under the Contract. 3.37 Force Maieure, Notice of Delay, and No Damages for Delay: The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first bad reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Customer or the Department. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Customer or Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State or to Customers, in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products subjected to allocation, and/or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the products that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. 3.38 Equitable Adjustment: The Department may, in its sole discretion, make an equitable adjustment in the Contract terms and/or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss. 3.39 Scope Changes: The Department may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The Department may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Department may solicit separate bids to satisfy them. 3.40 Renewal: Subject to Chapter 287 of the Florida Statutes, and upon mutual agreement, the Department and the Contractor may renew the Contract, in whole or in part. Any renewal shall be in writing and signed by both parties. 3.41 Advertising: The Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Department, including, but not limited to mentioning the Contract in a press release or other promotional material, identifying the Department or the State as a reference, or otherwise linking the Contractor's name and either a description of the Contract or the name of the State, the Department, or any Customer in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers,resellers, or service representative. 3.42 Assignment: The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of the Department; provided, the Contractor assigns to the State any and all claims it has with respect to the Contract under the antitrust laws of the United States and the State. The Department may assign the Contract with prior written notice to Contractor of its intent to do so. 3.43 Dispute Resolution: Any dispute concerning performance of the Contract shall be decided by the Contract Specialist, who shall reduce the decision to writing and serve a copy on the Contractor and, if appropriate, the Customer. The decision of Contract Specialist shall be final and conclusive unless within ten (10) days from the date of receipt, the Contractor files with the Department a petition for administrative hearing. The Department's decision on the petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes. Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply, the Contractor waives any right to jury trial that it may have, and the prevailing party shall be awarded reasonable costs incurred, including attorneys' fees and costs on appeal. 3.44 Employees, Subcontractors, and Agents: All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer. The State may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The State may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with a Customer's security or other requirements. Such approval shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may reject and bar from any facility for cause any of the Contractor's employees, subcontractors, or agents. 3.45 Security and Confidentiality: The Contractor shall comply fully with all security procedures of the State and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Customer. The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor developed independently without relying on the State's or Customer's confidential information, or material that is otherwise obtainable under State law as a public record. To insure confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. 3.46 Independent Contractor Status of Contractor: The Contractor, together with its agents, distributors, resellers, subcontractors, officers and employees, shall have and always retain under the Contract the legal status of an independent contractor, and in no manner shall they be deemed employees of the State or Customer or deemed to be entitled to any benefits associated with such employment. During the term of the Contract, Contractor shall maintain at its sole expense those benefits to which its employees would otherwise be entitled to by law, including health benefits, and all essary insurance for its employees, including workers' compensation, disability, and unemployment insurance, and provide Customers with certification of such insurance upon request. The Contractor remains responsible for all applicable federal, state, and local taxes, and all FICA contributions. 3.47 Insurance Requirements: During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract, which, as a minimum, shall be: workers' compensation and employer's liability insurance per Florida statutory limits (currently $100,000 per accident, $100,000 per person, and $500,000 policy aggregate) covering all employees engaged in any Contract work; commercial general liability coverage on an occurrence basis in the minimum amount of $500,000 (defense cost shall be in excess of the limit of liability), naming the State as an additional insured; and automobile liability insurance covering all vehicles, owned or otherwise, used in the Contract work, with minimum combined limits of$500,000, including hired and non- owned liability, and $5,000 medical payment. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor and is of the essence of the Contract. Upon request, the Contractor shall provide certificate of insurance. The Contract shall not limit the types of insurance Contractor may desire to obtain or be required to obtain by law. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. All insurance policies shall be through insurers authorized to write policies in Florida. 3.48 Service: If a Customer is unable to obtain service/warranty within the time specified, or if difficulties are encountered in obtaining service from the Contractor's designated service location, the Customer shall notify the individual designated on the Contractor's ordering instruction sheet, who shall then arrange and coordinate service by an alternate service dealer at no additional cost to the Customer. 3.49 Warranty: Contractor warrants that all product furnished under the Contract shall be free of defective material and workmanship, and shall otherwise perform in accordance with required performance criteria, for a period of not less than one (1)year from date of acceptance. Warranty repairs shall be completed within the time specified in any support level requirements. If it is likely that the time for repairs will exceed the specified time, the Contractor shall provide equivalent loaner equipment upon request by the Customer. Loaner equipment shall be provided at no cost, including shipment to the Customer's location and return of loaner equipment to the Contractor. 3.50 Warranty of Authority: Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. 3.51 Warranty of Ability to Perform: The Contractor shall provide the Department, no later than the time the Contractor returns a signed copy of the Contract, with proof of a Certificate of Status from the Secretary of State, Division of Corporations, demonstrating that the Contractor is in good standing and legally authorized to transact business in Florida. Failure to submit this documentation shall be sufficient grounds for withholding payment under the Contract and cause for termination. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the tern of the Contract. 3.52 Year 2000 Compliance Warranty: All products furnished under the Contract shall be Year 2000 compliant, that is, able to accurately process date data from, into, and between the twentieth and twenty-first centuries, including leap year calculations. Resellers may provide a "pass through warranty" from the manufacturer/software developer, which meets all the warranty requirements specified 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. 3.53 Warranty of No Hardstop/Passive License Monitoring: Unless a Customer is specifically and conspicuously advised to the contrary in writing at the time of order and before product acceptance, the Contractor hereby warrants and represents that the product and upgrades do not and will not contain any computer code that would disable the product or upgrades or impair in any way operation based on the elapsing of time, exceeding an authorized number of copies, advancement to a particular date or other numeral, or other similar self-destruct mechanisms (sometimes called "time bombs," "time locks," or "drop dead" devices) or that would permit the Contractor to access the product to cause such disablement or impairment (sometimes called a "trap door" device). The Contractor agrees that upon an alleged breach of this provision, the Customer shall not have an adequate remedy at law, including monetary damages, and that the Customer shall be entitled to seek a temporary restraining order, injunction, or other form of equitable relief against the continuance of such breach, in addition to any other remedies to which the Customer shall be entitled. 3.54 Notice: All notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air courier service, or by personal delivery. Notices to the Department shall be delivered to the Contract Specialist identified in the Instructions to Bidders. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 3.55 Leases and Installment Purchases: The State Comptroller's prior approval is required for State agencies to enter into or to extend any lease or installment-purchase agreement in excess of the Category Two amount established by section 287.017 of the Florida Statutes. 3.56 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE): To the extent that a product is certified by or is available from PRIDE, and has been approved in accordance with section 946.515(2) of the Florida Statutes, it is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned. This provision is required by section 946.515(6) of the Florida Statutes; additional information about PRIDE and the products it offers is available at ham://www.pridefl.com. 3.57 Modification of Terms: The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions by Customer under the Contract. The Contract may only be modified or amended upon mutual written agreement of the Department and the Contractor. No oral agreements or representations shall be valid or binding upon the Department, a Customer, or the Contractor. For individual purchase orders, however, the Contractor may offer the Customer more advantageous pricing, payment, or other terms and conditions than those set forth in the Contract. In such event, upon request the Contractor shall furnish to the Department a copy of the better offer. The Department shall determine, in its sole discretion, whether the offer, on the whole, is in fact more advantageous. Any offer that is not more advantageous, even if this determination is not made until after acceptance, shall be voidable at the Customer's option, in which case the Contract terms and conditions shall govern. Other than where terms are more advantageous for the Customer than those set forth in the Contract, no alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer unless authorized by the Department or specified in the notice of award. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment. A Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 3.58 Waiver: The delay or failure by the Department to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 3.59 Execution in Counterparts: The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 3.60 Severability: If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable, and all other provisions shall remain in full force and effect. FORMS Contents Bidder Acknowledgment Form Bid Tables (separately paginated) Category: PCs Subcategory: Desktops PCs Eligible brands: Acer, Compaq, Dell, Fujitsu/Siemens, Gateway, Hewlett-Packard, IBM, Micron, and , plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 1,000 subcategory units with Customers in the two most recent State fiscal years. Products Benchmark List (uniquely Percentage Discount identify list below and submit both (or N/A if not bidding) hard and electronic co ies) BRAND: ACER Veriton 3200, 5100, 5200, 7100 and 7200 BRAND: COMPAQ Evo D300 and D500 IPa C/700, C/800 and PIII BRAND: DELL Dimension 2100, 4400 and 8200 Optiplex GX50, GX150, GX240 and GX400 BRAND: FUJITSU/SIEMENS Jetson 1189 Scenic D i810e and i815e Scenic L i815e Scenic S i815e Scenic T i810, i815e and i845 BRAND: GATEWAY E-1800, E-3600 and E4650 BRAND: HEWLETT-PACKARD e- c 40 and e- c 42 Vectra VL420, VL800 and xe310 BRAND: IBM NetVista A21, A22p and M41 BRAND: MICRON ClientPro CG2, CH, and CR Millennia TS Products Benchmark List (uniquely Percentage Discount identify list below and submit both (or N/A if not bidding) hard and electronic copies) BRAND: PowerMate CT and ES BRAND: OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base) Category: PCs Subcategory: Portable PCs Eligible brands: Acer, Compaq, Dell, Fujitsu/Siemens, Gateway, Hewlett-Packard, IBM, and Toshiba, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 500 subcategory units with Customers in the two most recent State fiscal years. Products Benchmark List (uniquely Percentage identify list below and submit both Discount(or N/A hard and electronic copies) if not bidding) BRAND: ACER TravelMate 212TE, 212TXV, 213TXV, 354TEV, 529ATXV, 529TXV, 612TXCi, 612TXV, 614TXCi, 740LVF, 741LVF and 744LCF BRAND: COMPAQ Armada Notebook 110, E500, M700, N150, N160,N180, N200, N400 and N600 BRAND: DELL Ins iron 2500, 4100 and 8100 Latitude C400, C500, C600, C610, C810 and L400 Precision Mobile Workstation M40 BRAND: FUJITSU/SIEMENS Celsius Mobile Workstation LifeBook B-2545 and B-2547 LifeBook C-6387, C-6597 and C-6637 LifeBook E-6624 and E-6644 LifeBook S-4572 BRAND: GATEWAY Solo 1400, 3450, 5350 and 9550 BRAND: HEWLETT-PACKARD OmniBook 500, 6000, 6100 and XE3 BRAND: IBM ThinkPad A21, A22, A30, R30, T21, T22, T23 TransNote Portfolio Notebook and X22 Products Benchmark List (uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not bidding) BRAND: Versa Dayl-ite Crusoe, L320, TXi, U1traLite Crusoe and VXi BRAND: TOSHIBA Prote e 4000 Satellite 1800, 3000 Tecra 9000 BRAND: OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base) Category: PCs Subcategory: Workstations Eligible brands: Compaq, Dell, Fujitsu/Siemens, Hewlett-Packard, IBM, and SGI, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 500 subcategory units with Customers in the two most recent State fiscal years. Products Benchmark List(uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not bidding) BRAND: COMPAQ Deskpro 300, AP250, AP550 and SP750 BRAND: DELL Precision Workstation 220, 330, 420 and 620 BRAND: FUJITSU/SIEMENS Celsius 420, 440, 460, 620, 640 and 650 BRAND: HEWLETT-PACKARD Kayak XM600, XU700 and XU800 Visualize P-class and X-class BRAND: IBM IntelliStation E Pro, M Pro and Z pro BRAND: SGI Visual Workstation 230, 330 and 550 products Zx10 ViZual Workstation and Zx10 VE ViZual Workstation BRANM OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base) Category: PCs Subcategory: PC Servers Eligible brands: Compaq, Dell, Fujitsu/Siemens, Gateway, Hewlett-Packard, IBM, and , plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 500 subcategory units with Customers in the two most recent State fiscal years. Products Benchmark List (uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not bidding) BRAND: COMPAQ ProLiant DL320, DL360, DL380, DL580, DL590, DL760, ML330, ML330e, ML350, ML370, ML530, ML570 and ML750 BRAND: DELL PowerEdge 350, 500SC, 1400SC, 1500SC, 1550, 2500, 2550, 4400, 6400, 6450, 7150 and 8450 BRAND: FUJITSU/SIEMENS Primergy B120, B210, C150, C200, Econel 20, F200, H200, H400, L100, L200, N400, N4000, N800 and P200 BRAND: GATEWAY 910C, 910S, 910X, 930C, 930S, 930X, 935C, 935S, 935X, 8400 and 8450R BRAND: HEWLETT-PACKARD NetServer E800, LC 2000, LH 3000, LH 6000, LP 1000r, LP 2000r, LT 6000r, LXr 8500, tc2100 and rx4610 BRAND: IBM xSeries 200, 200VL, 220, 232, 240, 250, 300, 300 C, 300 DC, 330, 330 DC, 342, 350, 360, 370 and 380 Xeon-MP, 370 and 380 Products Benchmark List (uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not bidding) BRAND: Express5800 120Ed, 120Le, 120Lf, 120Md, 120Ra-1, 120Rc-2, 14014b, 180Ra-7, 180Rb-7 and TM1300 BRAND: OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base) Category: Thin Clients Eligible brands: Acer, Boundless Technology, Cedar Systems, Compaq, IBM, Neoware, Netier and Network Computing Devices, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 500 category units with Customers in the two most recent State fiscal years. Products Benchmark List(uniquely Percentage Discount identify list below and submit both (or N/A if not bidding) hard and electronic copies) BRAND: ACER WT300 BRAND: BOUNDLESS TECHNOLOGY Capio 11200, 320, 325, 420 and 425 BRAND: CEDAR SYSTEMS Nutshell and Nutshell Pro BRAND: COMPAQ T1010, T1010 IE 4.0 and T1510 BRAND: IBM Netvista N2200, N2200e, N2200I, N2200w, N2800 and N2800e BRAND: NEOWARE Eon 2000e, 3000i, 3000x, 4000i, 4000s, 5000i and 5000s BRAND: NETIER NetXpress XL1000 and XL2000 BRAND: NETWORK COMPUTING DEVICES NC916,NC948 and NC980 ThinSTAR 232, 300TR, 400 and 450 BRAND: WYSE Winterm 3360SE and 8360SE BRAND: OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base) Category: Servers Subcategory: Enterprise Servers Eligible brands: Compaq, Fujitsu/Siemens, Hewlett-Packard, IBM, NCR, Sun, and Unisys, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 250 subcategory units with Customers in the two most recent State fiscal years. Products Benchmark List(uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not bidding) BRAND: COMPAQ AlphaServer GS80, GS160 and GS320 BRAND: FUJITSU/SIEMENS Primepower M800, M1000 and M2000 BRAND: HEWLETT-PACKARD Su erdome 16, 32 and 64 BRAND: IBM eServer pSeries 680, 690, 690 HPC, 690 Turbo eServer xSeries 430 RS/6000 SP Power3 High, Power3 SMP Thin and Power3 SNIP Wide BRAND: NCR WorldMark 4855 and 5255 BRAND: SUN Enterprise 10000 Sun Fire 15K and 6800 BRAND: UNISYS ES7000 BRAND: OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base) Category: Servers Subcategory: Midrange Servers Eligible brands: Bull, Compaq, Fujitsu/Siemens, Hewlett-Packard, IBM, and Sun, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 500 subcategory units with Customers in the two most recent State fiscal years. Products Benchmark List(uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not bidding) BRAND: BULL EPC450 Escala PL400R,PL400T, PL600R, PL600T, PL800R, and T450 BRAND: COMPAQ AlphaServer ES40, ES45 and GS BRAND: FUJITSU/SIEMENS Prime power 400, 600 and 650 BRAND: HEWLETT-PACKARD HP server rp5450, rp5470, rp7400, rp8400, rx4610 and rx9610 BRAND: IBM eserver pSeries620, pSeries 640 and pSeries 660 BRAND: SUN Enterprise 420R, 450, 3500 and 4500 Sun Fire 3800, 4800, 4810 and V880 BRANM OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base Category: Servers Subcategory: Entry-Level Servers Eligible brands: Bull, Compaq, Fujitsu/Siemens, Hewlett-Packard, IBM, and Sun, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 500 subcategory units with Customers in the two most recent State fiscal years. Products Benchmark List (uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not bidding) BRAND: BULL Escala E250, PL220R, PL220T and S120 BRAND: COMPAQ AlphaServer DS10, DS10L and DS20E BRAND: FUJITSU/SIEMENS Prime power 100N and 200 BRAND: HEWLETT-PACKARD HP 9000 A400 and A500 HP server rp5400 and rp5430 BRAND: IBM Eserver pSeries 610 RS/6000 43P, 44P and B50 BRAND: SUN Enterprise 220R and 250 Netra 20, tl001105, t1120/1125, T1 AC200/DC200 and X1 Sun Fire 280R BRAND: OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base) Category: Servers Subcategory: Server Appliance Eligible brands: CacheFlow, Compaq, Dell, Hewlett-Packard, IBM, NETmachines, Network Appliance and Sun, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 250 subcategory units with Customers in the two most recent State fiscal years. Products Benchmark List(uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not bidding) BRAND: CACHEFLOW Client Accelerator CA and SA BRAND: COMPAQ TaskSmart C4000 and W2200 BRAND: DELL PowerA .Bi -IP 220 PowerApp.Cache 100 and .Cache Inktomi Powered on PowerEd e 1550 PowerApp.web 120 and .web Inktomi Powered on PowerEdge 2550 BRAND: HEWLETT-PACKARD sal 100, sal 120, sa2100, sa2200 and sa2250 BRAND: IBM xseries 130, 135,220, 330 and 340 BRAND: NETMACHINES RedRak Linux Pro128, Pro 128 Plus,Pro 128U,Pro 512 and Pro 64 BRAND: NETWORK APPLIANCE NetCache C1100, C1105, C3100 and C6100 BRAND: SUN CacheRaQ 4 pr ducts Cobalt Qube 3, RaQ 4 and RaQ XTR Products Benchmark List (uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not bidding) BRANM OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base) Category: Contivity Subcategory: Network Devices Routers Eligible brands: 3Com, Alcatel, Cisco, Enterasys, Erricsson, Juniper, Lucent, Netgear, and Nortel, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has held at least five percent (5%) market share in the United States in this subcategory during the two most recent State fiscal years. Products Benchmark List (uniquely Percentage identify list below and submit both Discount(or N/A hard and electronic copies) if not bidding) BRAND: 3COM OfficeCont Dual 56K and ISDN -T LAN Modem OfficeCont Remote 812 ADSL Router BRAND: ALCATEL 7404 and 7411 Broadband Access Server 7770 Routing Core Platform OmmAccess and OmniSwitch Router BRAND: CISCO 1000, 7603, 7606, 10000, 10720 and 12000 Series Internet Router 1700, 7200, 7400 and 7500 Series Router 1700 and 1700V Modular Access Router 2501 and 2514 Ethemet/Dual Serial Router 2600 and 2620 10/100 Ethernet Module Router 2650 High Performance 10/100 Modular Router 806 Broadband Gateway Router 826 DSL Router 827 ADSL Router 828G SHDSL Router OSR-7609 Internet Router SOHO 77ADSL and 78.G Router Products Benchmark List (uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not bidding) BRAND: ENTERASYS X-Pedition 2000,2100, 8000, 8600 and ER-16 BRAND: ERICSSON AXC Trigris and AXC Tigris Multiservice Access Platform BRAND: JUNIPER M10 8-PIC slot chassis M160 8-slots chassis M20 4-slots chassis M40 8-slots chassis M5 4-PIC slot chassis BRAND: LUCENT Access Point 300 IP, 450 IP and 1000 IP Services Router Su erPi e 95, 155, 170 and 175 BRAND: NETGEAR FR314 and FR 318 Cable/DSL Firewall FV318 Cable/DSL VPN Firewall Gateway/Remote Access Router MR314 Cable/DSL Wireless Router R0318 Cable/DSL Security Firewall RP114 Cable/DSL Web Safe Router RP334 Cable/DSL Phoneline Router RT338 ISDN Router BRAND: NORTEL Access Node(ASN)Router Backbone Concentrator Node (BCN) Router Passport 2430 and 5430 Multiservice Access Switch Passport Advanced Remote Node(ARN) Products Benchmark List(uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not bidding) BRAND: OTHER (Identify products and submit documentation as described above to demonstrate comparability and market share) Category: Contivity Subcategory: Network Switches Devices Eligible brands: 3Com, Alcatel, Avaya, Cisco, D-Link, Enterasys, Extreme Networks, Foundry Networks, Hewlett-Packard, NETGEAR, Nortel, and SMC, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has held at least five percent (5%) market share in the United States in this subcategory during the two most recent State fiscal years. Products Benchmark List (uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not bidding) BRAND: 3COM OfficeCont Dual Speed Switch 5 and Switch 8 SuperStack 3 Baseline 10/100 Switch and 10/100/1000 Switch SuperStack 3 Switch 3300 12- port, 3300-24 port, 3300MM, 3300SM, 3300TM, 3300XM, 4300, 4400, 4400 1000Base, 4400 48-port, 4900,4900SX, 4924 and 4950 Switch 4007 Layer 2 Gigabit Ethernet, Layer 3 Fast Ethernet (copper), Layer 3 Gigabit Ethernet and Layer Fast Ethernet (fiber) BRAND: ALCATEL OmniCore 5000 OmniStack 4024, 5024, 6024 and 8008 OmniSwitch Omni-3wx, Omni- 5wx and Omni-9wx OmniSwitch Router OS/R-5 and OS/R-9 Products Benchmark List (uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not bidding) BRAND: AVAYA 333T Modular Stackable Switch and 333T-PWR Powered Ethernet Switch Cajun P133G2 Workgroup, P330, P332G-ML, P332GT-ML and P334T Avaya M770, P133F2, P134G2, P330, P333R, P333R-LB, P580 MultiService and P882 Multifunction switch BRAND: CISCO Catalyst 2900 Series 2948G and 2980G Catalyst 3500 XL Catalyst 2950, 3500, 3550, 4000, 5000, 6000, 6500 and 8540 LightStream 1010 BRAND: D-LINK 3204, 3208F, 3624, 36241, 5216FX, 5220TF and 5224TX 8 port 10/100 MB Ethernet Switch Backbone Gigabit Uplink Switch Desktop LAN Switch DSS-16, DSS-16+, DSS-5+and DSS-8+ Desktop LAN Switch Fast Ethernet/Ethernet 2-port DGS1008T 8-port Switch Gigabit Copper Switch Layer 3 Switch DES-3326 BRAND: ENTERASYS Matrix E5 and E7 Vertical Horizon VH Products Benchmark List(uniquely Percentage identify list below and submit both Discount(or N/A hard and electronic copies) if not bidding) BRAND: EXTREME NETWORKS B1ackDiamond 6808 and 6816 Alpine 3804 and 3808 Summit Ii, 24, 48, 48i, 5i and 7i BRAND: FOUNDRY Bi Iron 4000, 8000 and 15000 FastIron II FI4000, Plus FI4408 and Plus FI8000 FastIron III FI5000 FastIron Workgroup Switch Netlron Switch Turbolron/8 layer 3 and Switching Router BRAND: HEWLETT-PACKARD ProCurve Routing Switch ProCurve Switch 408, 1600M, 2324, 2424M, 2512, 2524, 4000M, 4108GL and 8000M Switch 2312 BRAND: NETGEAR 10/100 Mbps Ethernet Switch 16 Port 10/1000 Mbps Fast Ethernet Switch 10/100/1000 Mbps Copper Switch 10/100/1000 Mbps Fiber Switch BRAND: NORTEL Baystack 310-24T, 350-12T, 350-24T, 410-24T, 420-24T, 450-12F,450-12T and 450-24T Business Policy Switch Centillion 20 and 100 Switch BRAND: SMC EZ Switch 10/100 TigerSwitch 10/100 and 1000 Gigabit TigerSwitch II 10/100 Products Benchmark List(uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not bidding) BRAND: OTHER (Identify products and submit documentation as described above to demonstrate comparability and market share) Category: Uninterruptable Power Supplies and Surge Suppressors Eligible brands: American Power Conversion, Best Power, Exide Electronics Group, IntelliPower, and TrippLite, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 500 subcategory units with Customers in the two most recent State fiscal years. Products Benchmark List(uniquely Percentage (Any devices that monitor and identify list below and submit both Discount (or N/A regulate the quality of power hard and electronic copies) if not bidding) and that protect enterprise files, databases, applications, and Web servers against system shutdown in the event of a power failure or as a result of inconsistencies of power generation) BRAND: AMERICAN POWER CONVERSION See above BRAND: BEST POWER See above BRAND: EXIDE ELECTRONICS GROUP See above BRAND: INTELLIPOWER See above BRAND: TRIPP LITE See above BRANM OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base) Category: Storage Devices Subcategory: Disk Array Eligible brands: Compaq, EMC, Fujitsu/Siemens, Hewlett-Packard, Hitachi, IBM, LSI, Storage Technology, and Sun, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 500 subcategory units with Customers in the two most recent State fiscal years. Products Benchmark List(uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not bidding) BRAND: COMPAQ StorageWorks Enterprise Modular Array 12000 and 1600 StorageWorks Enterprise Virtual Array StorageWorks Modular Array 1000 and 8000 StorageWorks RAID Array 3000 and 4100 BRAND: EMC Clarion FC4500 and FC4700 Symmetrix 8230, 8530 and 8830 BRAND: FUJITSU/SIEMENS GSS 4900 LVS 2900 System/390 Platinim/400 Raid Storage Subsystem BRAND: HEWLETT-PACKARD Surestore Disk Arrav XP48 Surestore E Disk Array 12H, FC60 and XP512 BRAND: HITACHI Freedom Storage Lightning 9960 Freedom Storage Thunder 9200 Products Benchmark List(uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not bidding) BRAND: IBM 7133 Serial Disk System Advanced Model D40 and T40 Enterprise Storage Server F10 and F20 FAStT200, FAStT200 HA, FAStT500 and FAStT700 Storage Server BRAND: LSI MetaStor E2400, E3300 and E4400 Storage System MetaStor E4600, E4600HPCx, N3300,N3350,N4300 and N4300 BRAND: STORAGE TECHNOLOGY 9176-001 and 9176-002 Disk Array D173 and D178 Disk Subsystem V960 Shared Virtual Array BRAND: SUN StorEdge 9910 and 9960 System StorEdge 3910, 3960, 6910, 6960,A1000, A5200 and 131000 StorEdge T3 Array for Enterprise and Work group BRANM OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base) Category: Storage Devices Subcategory: Optical Eligible brands: FileNET, Hewlett-Packard, Plasmon LMS and Maxoptic, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 500 subcategory units with Customers in the two most recent State fiscal years. Products Benchmark List (uniquely Percentage identify list below and submit both Discount(or N/A hard and electronic copies) if not bidding) BRAND: FILENET 12" optical storage BRAND: HEWLETT-PACKARD 5.25" optical storage BRAND: MAXOPTIC 5.25" optical storage BRAND: PLASMON LMS 5.25" optical storage 12" optical storage BRANM OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base) ITB 52-250-000-B April 4, 2002 Page 77 of 93 Category: Storage Devices Subcategory: Tape Products Eligible brands: ADIC, Benchmark, Compaq, Dell, Exabyte, Hewlett-Packard, IBM, Overland Data, Quantum/ATL, Seagate, Sony, Storage Technology, Sun, and Tandberg, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 500 subcategory units with Customers in the two most recent State fiscal years. Products Benchmark List (uniquely Percentage identify list below and submit both Discount(or N/A hard and electronic co)ies) if not bidding) BRAND: ADIC AIT 100D, DS9000 DLT and LTO 200D Tape Drive FastStor, DLT, 22 DLT and LTO Autoloader Scalar 100 AIT, 100 LTO and 100 SDL/DLT Library 1000AIT, 1000 LTO, 1000 SDL/DLT and 1000 IBM 3590 Library BRAND: BENCMARK DLT1 and ValuSmart Tape Drive DLT7 Desktop and ValuSmart toe 640 Blade Autoloader BRAND: COMPAQ 12/24 DDS-3 and 20/40 DDS-4 DAT Drive 20/40GB DLT Tape Drive AIT 35GB and 50GB Tape Drive StorageWorks 40/80GB DLT and SDLT 110/220 Tape Drive StorageWorks ESL9198DLX, ESL9198SL, ESL9326D, ESL9326DX and ESL9326SL Enterprise Library StorageWorks MSL5026DLX and MSL5026SL Tape Library StorageWorks SSL202OTL AIL Tape Library StorageWorks TL891DLX and TL895 DLT Tape Library Products Benchmark List(uniquely Percentage identify list below and submit both Discount(or N/A hard and electronic copies) if not bidding) BRAND: DELL PowerVault HOT DDS, HOT DLT, HOT LTO and HOT SDLT Tape Drive PowerVault 120T DDS and 120T DLT Tape Autoloader PowerVault 128T LTO and 128T SDLT Mini-Library PowerVault 130T DLT, 136T LTO and 136T SDLT Tape Library BRAND: EXABYTE Eliant 820T, M2, Mammoth and Mammoth-LT Tape Drive 110L Ultrium LTO, EZ17 and EZ17-A Tape Autoloader VXA AutoPak 110, 115 and 230 215A, 215M, 221 L, 230D, 430A, 430M, 690D, X80 and X200 Tape Library BRAND: HEWLETT-PACKARD SureStore DAT24, DAT40, DLT 80 and DLT vs80 Tape Drive SureStore Ultrium 215 and 230 SureStore DAT24x6 DDS-3 and DAT40x6 DDS-4 Tape Autoloader SureStore Tape Autoloader 1/8 and 1/9 SureStore Tape Library 10/100, 10/180, 2/20, 20/700, 4/40, 6/60 and 6/140 Products Benchmark List (uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not bidding) BRAND: IBM 3580 Ultrium Tape Drive 7205 Model 440 External Digital Linear Tape Drive 7206 Model 110 External 4mm DDS-3 Tape Drive 7206 Model 220 External 4mm DDS-4 Tape Drive 7207 Model 122 4GB External SLRS QIC Tape Drive 7208 Model 341 and 342 External 8mm Mammoth Tape Drive 7208 Model 345 External 8mm Mammoth-2 Tape Drive Magstar 3590 Model B and Model E Tape Drive BRAND: OVERLAND DATA AIT LoaderXpress LP1L119 AIT2 Librar Pro LP2 and LP3 DLT 8000 LoaderXpress LXL810 DLT 8000 PowerLoader LXM8115/8215 DLT LibraryXpress System LXB 8110/8210 DLTI LoaderXpress LXLIBI0 DLTI PowerLoader LXMB 115 LXM1B215 LibraryXpress DLT Neo LXN2000 LTO Ultrium LaoderXpress LXL1U11 LTO Ultium Neo LXN2000 and LXN4000 Super DLT LoaderXpress LXL 1 S l O, Neo LXN2000, PowerLoaderLXM 1 S 11511 S21 5 and Neo LXN4000 DLT 8000, DLTI BT, LTO1 UT Ultrium and Super DLT IST Products Benchmark List (uniquely Percentage identify list below and submit both Discount(or N/A hard and electronic copies) if not bidding) BRAND: QUANTUM/ATL 7100, M1500, P1000, P4000, and P7000 PowerStor L200 Autoloader and L500 Library DLT 8000 and DLT IBT Super DLT 220 and 220N BRAND: SEAGATE Scorpion 8, 24, 40, 96 and 240 Viper 200 and 2000 Autoloader TapeStor DAT 8, DAT 24 and DAT 40 TapeStor Travan 8GB, 20GB, NS 8GB and NS 20GB Internal BRAND: SONY AIT-1, AIT-2 and AIT-3 SDT-1100013M DDS-4 and SDT-9000BM DDS-3 AIT Library 15(2), 30(4) and LIB-162 System TSL-S9000L/TB and TSL- SI1000/TB Autoloader TSL-SA400C/TB AIT-1 and TSL-SA500C/TB Ait-2 Autoloader BRAND: STORAGE TECHNOLOGY 9840, T9840B and T9940 L20, L40, L80, L180 and L700e TimberWolf 9730, 9738 and 9740 BRAND: SUN StorEdge 12-24GB 4mm DDS- 3 StorEdge DLT 7000 StorEdge L20, L40, L60, L 180, L700 and L1000 Tape library StorEdge 4mm DDS-3 and L9 Autoloader Products Benchmark List(uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic co ies) if not bidding) BRAND: TANDBERG DLTI, SLR50, SLR60, SLR100 and ValueSmart Ta e80 (VS80) DLT VS, SLR6060 and SLR100 Autoloader SLR Library 1210, 1420 and 1440 BRAND: OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base) Category: Printers Subcategory: Production Printers Eligible brands: Canon, Heidelburg, IBM, OCE, Scitex, Xeikon, and Xerox, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 250 subcategory units with Customers in the two most recent State fiscal years. Products Benchmark List(uniquely Percentage identify list below and submit both Discount(or N/A hard and electronic copies) if not bidding) BRAND: CANON ImageRUNNER 105, 110 and 8500 BRAND: HEIDELBURG Di imaster 9110 BRAND: IBM Infoprint 62, Color 100, Color 130, 2000, 3000, 4000 and 4100 BRAND: OCE' 8465 and 9260 DemandStream 3030, 4040, 6060, 8070, 8080, 8090 PageStream 1060, 75, 88, 110DC, 154, 210, 250, 308, 372, 466, 500, 530 and 744 BRAND: SCITEX VersaMark BCP 4/1 and MPS 22 BRAND: XEIKON 7000, 910CF and DMP 8000 Var Press T Products Benchmark List (uniquely Percentage identify list below and submit both Discount(or N/A hard and electronic copies) if not bidding) BRAND: XEROX DocuColor 2045 and 2060 DocuPrint 75, 90, 92C, 96, 100/100/MX, 1000 CFD, 1151 115MX,135/135MX, 155/155 NIX, 180 MX, 180 NPS, 330, 350 CF, 4635 IPS, 4635 LPS, 4635 NPS, 4850 Highlight Color, 500CF, 700CFD DocuTech 2000 series 75 and 90 Production Publisher 6100, 6115, 6135, 6155 and 6180 BRAND: OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base) Category: Printers Subcategory: Workgroup Printers Eligible brands: Canon, Hewlett-Packard, IBM, Lexmark, Minolta-QMS, OCE, Oki Data, Ricoh, Sharp, and Xerox, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 500 subcategory units with Customers in the two most recent State fiscal years. Products Benchmark List (uniquely Percentage identify list below and submit both Discount(or N/A hard and electronic co ies) if not bidding) BRAND: CANON Color Laser Copier 1100, 1120, 1150, 3100 and 5000 ImageRUNNER 200L, 210N, 2200, 2800, 330N, 400N, 5000, 550, 60,600 and 6000 IR3250 BRAND: HEWLETT-PACKARD HP 2500C Professional Series LaserJet 4550, 8550, 2200, 4100, 5000, 8150 and 9000 BRAND: IBM Infoprint 1120, 1125, 1130, 1140 and 1145 BRAND: LEXMARK C720, C750,C910 O tra Color C710, 1200 O tra T610,T616 and W810 T520, T522, T620, T622, W820, X520, X522, X720, X820 BRAND: MINOLTA DiALTA Di200, Di250, Di251, Di350, Di351, Di450, Di520, Di550, Di620 and Di750 Products Benchmark List (uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not bidding) BRAND: MINOLTA-QMS 2060 BX, 2060FX, 256013X, 2560 EX, 2560 FX, 3260/4032, 3260/4032 EX and 4060 Magicolor 2200, 2210, 330 EX, 6100, and 6110 PagePro 4100E, 4100GN and 4110W BRAND: OCE' Digital Copier/Printer 3122, 3133, 3140, 3155 and 3165 8440 products Color System 110, 115, 150 and 200 BRAND: OKI DATA C7200, C7400, C9200, C9400 Oki a e 14 and 24 BRAND: RICOH Aficio and Aficio Color BRAND: SHARP Color Digital Imager AR-C 150, C160 and C250 BRAND: XEROX DocuColor 12 and 2006 Document Centre 425ST, 432ST, 440ST, 460ST, 470ST, 480ST, 490ST and ColorSeries 50 DocuPrint N2025, N2125, N2825 and 4525 Phaser 1235, 2135, 3400, 5400, 750, 790, 860 and 7700 BRANM OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base) Category: Videoconferencing Systems and Video Bridging Equipment Eligible brands: , PicturTel, Polycom, Sony, Tandberg, WON and VTEL, plus those of any other manufacturer that complies with the technical specifications. Products Benchmark List(uniquely Percentage identify list below and submit both Discount(or N/A hard and electronic copies) if not bidding) BRAND: VisuaLink 384 VideoWorks RAI28/RA384 RA2000 BRAND: PICTURTEL Model 760XL/760XL-TBR Model 600, 900 BRAND: POLYCOM ViewStation 128, MP, SP128, SP384 and FX BRAND: SONY Contact 1600 and 6000 BRAND: TANDBERG Model 500, 800, 2500, 6000 and 7000 BRAND: VCON Falcon IP MediaCont 6000 and 8000 BRAND: VTEL Galaxy SL/RL/XL TC 1000/2000 and LC5000 BRAND: OTHER (Identify products and submit documentation as described above to demonstrate compliance with technical specifications) Category: Firewalls Eligible brands: Atipa, Axent Technologies, BorderWare Technologies, CyberGuard, Equant Integration Services, eSoft, Freemont Avenue Software, IBM, InfoExpress, Internet Appliance, Livermore Software Laboratories, Netscreen Technologies, NetWolves, PGP Security, Solsoft, SonicWall, Symantec, Tiny Software, WatchGuard Technologies, Zone Labs and Zyan Communications, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 200 units with Customers in the two most recent State fiscal years. Products Benchmark List (uniquely Percentage identified list below and submit Discount(or N/A both hard and electronic copies) if not bidding) BRAND: ATIPA Atipa Firewall 1.0 and Firewall Plus BRAND: AXENT TECHNOLOGIES Raptor Firewall and Power VPN 6.5 BRAND: BORDERWARE TECHNOLOGIES BorderWare Firewall Server 6.1.1 and Office Gate) a and BRAND : CYBERGUARD FireSTAR, KnightSTAR STARLord BRAND: EQUANT INTEGRATION SERVICES Managed Firewall Service 2.5 BRAND: ESOFT Interceptor 4.2 BRAND: FREEMONT AVENUE SOFTWARE T.Rex Security Suite 2.0 and ES 2.0 BRAND: IBM IBM Small Business WebContions BRAND: INFOEXPRESS CyberArmor 1.1 BRAND: INTERNET APPLIANCE INTERNET ro SES 2012 8.0 BRAND: LIVERMORE SOFTWARE LABORATORIES PORTUS 4.0 and ES 4.0 BRAND: NETSCREEN TECHNOLOGIES NetScreen-5 2.O1r2,Netscreen- 10 2.O1r2, NetScreen-100 2.01r2 and NetScreen-1000 1.7 BRAND: NETWOLVES FoxBox Pro Plus 2.3 BRAND: PGP SECURITY Gauntlet Firewall and Gauntlet VPN 5.5 BRAND: SOLSOFT Solsoft NSM/O enSource 3.3 BRAND: SONICWALL SonicWALL Internet Security Appliance 5.0 BRAND: SYMANTEC VelociRa for V 1.] BRAND: TINY SOFTWARE Tiny personal Firewall 2.0, WinRoute Lite 4.1 and WinRoute Pro 4.1 Build 22 BRAND: WATCHGUARD TECHNOLOGIES WatchGuard LiveSecurity System 4.1 and SOHO 2.1 BRAND: ZONE LABS ZoneAlarm and ZoneAlarm Pro 3.0 BRAND: ZYAN COMMUNICATIONS Z an Firewall BRAND: OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base) ell- ` CITY OF DANIA BEACH Agenda Item # 7, Agenda Request Item Date of Commission Meeting: 9-25-2007 Adopt Resolution x Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Requested Action (tdenflty appropriate Adorn or Motion) To allow the City Manager to purchase a new 2008 Ford Focus from Duval Ford under the Florida Sheriffs Office contract for the Code Compliance Unit. Why Action is Necessary Previously Commission has approved spending of$15,5D2.00 under Resolution#2006-212 and also $23,219.00 under Resolution #2006-221 for a total over$15,000 for the fiscal year under Duval Ford which requires Commission approval. VVhat Action Accomplishes Comply with purchasing policy and procedures. Purchasing Requests ONLY Dept: 1203 Code Compliance Division Acct#: 301-1203-529.64-30 Amt: $13,313.00 Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑X Summary Explanation/Background This vehicle is necessary for the new Code Compliance officer to perform his daily tasks. This action provides the inspector transportation throughout his area of patrol in order to address any necessary issues. Fiscal ImpacVCost Summary This vehicle will cost$13,313.00 which was budgeted in the 2007 FY budget. Exhibits Attached Vehicle Quote from Duval Ford under the Florida Sheriffs Office contract. Ex Doc 1 _e a Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized"Signatures Submitted by Lester Garcia Date 09/13/07 Department Director Date Assistant City Manager Colin Donnelly Date 09/17/07 HR Director Date Finance Director Patricia Varney Date 09/17/07 City Attorney Thomas J. Ansbro Date 09/17/07 City Manager Ivan Pato Date 09/17/07 User Creating Item Item Name (do not use/or\in name) Lester Garcia Duval Ford Vehicle Purcahse (Focus) City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-179 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE A VEHICLE FOR THE CODE COMPLIANCE DIVISION IN THE AMOUNT OF $13,313.00 FROM DUVAL FORD, UNDER THE FLORIDA SHERIFF'S OFFICE CONTRACT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; 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 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 purchase one new vehicle for the additional Code Compliance Officer whose position was approved in the FY 2007 budget; and WHEREAS, the City Manager has determined that such purchase can be made at the least cost to the City from Duval Ford under the Florida Sheriffs Office contract in the amount of$13,313.00, which is attached as Exhibit"A" and made a part of this Resolution; 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 pay an amount not to exceed the sum of$13,313.00 to Duval Ford for the purchase of a 2008 Ford Focus. 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 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 #2007-179 FROM :DJJALFORD GOUT SALES FAX NO. :9e43876816 Aug. 27 2007 e4:19PM Plil _ -0� Date:_ Attn: Lzca1l fC. _ _ Contract No. 06-14-0821 We appredate your Interest in the 2007 Blorlds Sheriffs Association/1-7orida Association of Counties Purchasing Contract. [fisted below arc the items we d'scnesed, bau . . 1sIAL a a �1 6jr A &DOOrAi . k a Cane, Waautw Fax No, (904) 387-6816 ,Sincerely, P.O. Box 7887 1616 Cassat Avenue Jacksonville, FL 32238 • Tefephona 041388.2144 INTEROFFICE MEMORANDUM CITY OF DANIA BEACH TO: Mayor and Commissioners Ivan Pato, City Manager FROM: Lester Garcia, Code Compliance Office Supervisor RE: Reference to Florida Sherriffs Office Purchasing Contract DATE: September 18, 2007 The Florida Sherriffs Office Purchasing Contract referenced in the requisition purchase of a 2008 Ford Focus from Duval Ford is 06-14-0821. This contract runs from October 1, 2006 through September 30, 2007. CITY OF DANIA BEACH 9 Agenda Item # Agenda Request Item Date of Commission Meeting: 9-25-2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Requested Action <(Identity appropdate Action orMotion);. APPROVE RESOLUTION ALLOWING TREE MOVERS, INC. TO PERFORM TREE REMOVAL AND RELOCATION FOR CITY. Why Action is Necessary TO MEET AGREEMENTS WITH FDOT CONCERNING DANIA BEACH BLVD. IMPROVEMENTS. What Action Accomplishes EXISTING TREES ON DANIA BEACH BLVD. NEED TO BE REMOVED SO FDOT CAN PROCEED WITH THEIR ROADWAY MODIFICATIONS. AGREEMENT WITH FDOT STATES CITY WILL REMOVE TREES. THIS ACTION PROVIDES SERVICES TO REMOVE TREES. Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary ExplanatloniBaekground SEE MEMO Fiscal ImpacyCost Summary NONE - MONEY CONTRIBUTED BY FDOT TO TREE FUND FOR RELOCATION EXPENSE Exhibits Attached RESOLUTION MEMO 'Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by Leo Williams Date 09/14/07 Department Director Dominic Orlando Date 09/14/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 09/14/07 City Attorney Thomas J. Ansbro Date 09/14/07 City Manager Ivan Pato Date 09/18/07 User Creating Item Item Name (do not use/or\ in name) Leo Williams AGENDA REQUEST DBB TREES 09-25-07 City-Clark Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-182 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE SERVICES IN AN AMOUNT NOT TO EXCEED $20,000.00 IN FISCAL YEAR 2006-2007, FROM TREE MOVERS INC., 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 tree removal and replanting services for City uses; an 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 Tree Movers, Inc., for the amount not to exceed $20,000.00 for the remainder of Fiscal Year 2006-2007. Section 2. That the Director of Finance is authorized to appropriate the Tree Preservation Fund accordingly for such expenses. 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 #2007-182 City of Dania Beach Department of Public Services 100 West Dania Beach Blvd-Dania Beach,FL 33004-(954)924-3741 •(954)-923-I 109(fax) MEMORANDUM To: Mayor Robert Anton Vice Mayor Albert Jones Commissioner John Bertino Commissioner Anne Castro Commissioner Patricia Flury FROM: Ivan Palo, City Manager VIA: Dominic Orlando, P.E. Director of Public Services BY: Leo Williams, Public Services Superintendent Date: September 14, 2007 Staff is recommending the approval by the Commission at the September 25, 2007 meeting allowing TREE MOVERS, INC. to relocate trees on Dania Beach Blvd to other areas of the City as agreed upon with FDOT due to the road improvement project they are doing on Dania Beach Blvd. TREE MOVERS,INC. was the lowest quote obtained as shown by the following: TREE MOVERS INC. - ROYAL PALMS @ $850.00 PER TREE QUALITY TREE CARE -ROYAL PALMS Q$2500.00 PER TREE HANLEY LANDSCAPE-ROYAL PALMS Q$1200.00 PER TREE, PLUS$500.00 MOBILIZATION It is recommended that the City Commission approve a resolution for this work in an amount Not-to- Exceed $20,000.00, and authorize the City Manager to execute same. CITY OF DANIA BEACH Agenda Item # 7 /?v Agenda Request Item Date of Commission Meeting: 9-25-2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid IRFP ❑ Presentation ❑ Continued from: Requested Action (Identity appropriate Adlon or AAotion) Adopt a resolution adopting amended building permit and site plan review fees. Why Action is Necessary Fee schedule revisions reflecting increased costs of providing building plan review, building inspection, and site plan review services. What Action Accomplishes Revenue generated will support actual expenses of services performed. Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background Since the current fees were established, many facets relating to building plan review, inspection and related services have increased the costs associated with the services rendered. Revising fees will keep these services cost effective. Fscai Impact/Cost Summary Exhibits Attached Resolution Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by LOU ANN CUNNINGHAM Date 09/18/07 Department Director Laurence Leeds Date 09/18/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 09/18/07 City Attorney Thomas J. Ansbro Date 09/18/07 City Manager Ivan Pato Date 09/18/07 User Creating Item Item Name (do not use/or\in name) LouAnn Cunningham PERMIT FEE INCREASE City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION. 2007-185 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA ESTABLISHING BUILDING AND PERMIT AND RELATED FEES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH: Section 1. That as provided by Section 8.3 of the City Code of Ordinances, which section is entitled "Building Permit Fees", the schedule of such fees and related fees is established as follows: 8-3 SCHEDULE OF PERMIT FEES FOR CONSTRUCTION (a) Administrative Fees 1 Change of contractor $ 75.00 2 Re-inspection ("red tag") $ 90.00 3 Overtime inspection(for up to 3 hours) $ 200.00 Each additional hour or portion of an hour $ 80.00 4 Certificate of occupancy ("C.O.") Residential, SFR and Duplex $ 70.00 Residential, Multi-family, per unit $ 60.00 Commercial $ 145.00 5 Expired Permit Renewal (plus percentage below) $ 60.00 All Disciplines: (a) Within 90 days of expiration: Original Fee at 50% (b) After 90 days of expiration: Original Fee at 75% 6 Plan replacement or revision, per page $ 15.00 7 Replacement permit card $ 30.00 (b) Construction Fees, General Building Permit fees shall be charged to qualified applicants applying for permits to build, remodel or repair in the City of Dania Beach. Fees are based on the cost of providing inspection service, per inspection. Should the work being performed under an issued permit require additional inspections, each inspection shall be paid for at the time that the inspection is requested. If a Certificate of Occupancy is to be issued for the project, the amount due for additional inspections shall be collected prior to the issuance of the C. O. Additional inspection $ 90.00 Minimum Fee $ 90.00 (c) Any permit that cannot be classified under this schedule, including but not limited to hotels, condominium hotels, timeshares, entertainment complexes and parking garages, shall be issued at the rate of 3.4% of the contract value of the work being performed. A copy of the contract shall be provided to the Building Division for this purpose or the cost will be determined using "R.S. Means" (plus 13% increase). A plan review fee minimum will be collected at the time of application for permit, or submission of plans for pre-review, for new construction or additions in accordance with Exhibit A. (d) Structural 1 Single—family, Duplex (1 story) $ 1,250.00 2 Single-family (2 story) $ 1,350.00 3 Multi-family, to 5,000 square feet of gross floor area $ 1,250.00 Each additional 5,000 square feet of gross floor area $ 600.00 or portion of such area Other structures— See (c) above 4 Retail, Office, Warehouse, Industrial per 10,000 square feet of gross $ 1,250.00 floor area or portion of such area, plus $0.50 per linear foot of partitions Other structures—See (c) above 5 1 Additions, remodeling, interior completion: Based on estimated number of inspections times $90.00 per $ 270.00 inspection minimum plus $.50 per linear ft. partitions minimum 6 Roof, to 5,000 square feet (single family) $ 180.00 Each additional 1,000 square feet $ 90.00 Commercial Roof S 270.00 Each additional 1,000 square feet $ 90.00 7 Paving (asphalt): Commercial,to 5,000 square feet $ 180.00 Each additional 5,000 square feet $ 90.00 Residential (asphalt, pavers) S 90.00 Residential (concrete) $ 120.00 8 Fence: Wood, Vinyl and Chainlink (first 100') Over 100', add $50 $ 50.00 Masonry, Pre-Cast (first 100') Over 100', add $50 $ 180.00 9 Awnings, Shutters $ 90.00 Additional per opening $ 5.00 10 Doors, Windows $ 50.00 Additional per opening $ 5.00 2 RESOLUTION 42007-185 11 Signs: Wall $ 90.00 Monument $ 180.00 12 Tower (Cell) $ 180.00 13 Dock, up to 30 feet $ 90.00 Each additional 10 feet or fraction thereof $ 10.00 14 Shed without Slab $ 60.00 Shed with Slab $ 120.00 15 Tent $ 90.00 16 Screen room $ 90.00 With Slab $ 180.00 17 Trailer, mobile home $ 90.00 18 Demolition $ 90.00 19 Pool $ 270.00 20 Spa,jacuzzi, hot tub $ 90.00 21 Inspections not listed in this schedule (per inspection) $ 90.00 (e) Mechanical I Single-family, duplex $ 300.00 2 Multi-family, to 5,000 square feet $ 300.00 Each additional 5,000 square feet or portion of such area $ 200.00 Multi-story: calculate as above, times number of floors 3 Commercial, per 10,000 square feet or portion $ 400.00 Multi-story: calculate as above, times number offloors 4 Equipment: new installation, replacement or relocation S 90.00 Air conditioning, Refrigeration, Heat pump, Cooling tower, Condenser waters stem, other similar systems 5 Boilers stems $ 90.00 6 Pipings stems $ 90.00 7 Hydraulic systems $ 90.00 8 Pneumatic Systems $ 90.00 9 Auto-extinguishing systems (Plus $1.50 per head) $ 90.00 10 Tanks $ 90.00 11 Walk-in coolers/ freezers $ 180.00 12 Paints ray booth $ 180.00 13 Commercial cooking hood $ 180.00 14 Building exhausts stems $ 90.00 15 Smoke control/management systems test, each time $ 770.00 16 Inspections not listed in this schedule(per inspection) $ 90.00 3 RESOLUTION 92007-185 (f) Electrical 1 Sin le-famil , duplex (I story) $ 400.00 2 Single-family (2 story) 500.00 3 Multi-family, to 5,000 square feet $ 400.00 Each additional 5,000 square feet, or portion of such area $ 200.00 Multi-story: calculate as above, times number offloors 4 Commercial, per 10,000 square feet $ 500.00 Multi-story, calculate as above, times number offloors 5 Remodeling, interior completion (Plus $.50 per outlet) $ 180.00 6 Additions, alterations, repairs (Plus $.50 per outlet) $ 180.00 7 Service -New, temporary, upgrades $ 90.00 8 Trailers, mobile homes $ 90.00 9 Generators, carnivals $ 180.00 10 Communications towers $ 450.00 11 Other antennae $ 90.00 12 Signs $ 90.00 13 Paintspray booth $ 90.00 14 Ansul system $ 90.00 15 Lawn sprinkler $ 90.00 16 Pool $ 270.00 17 Above-ground pool $ 60.00 Spa, 'acuzzi, hot tub $ 60.00 18 Low voltage $ 180.00 19 Fire or burglar alarm, telephone, computer, or other alarm or $ 180.00 communication systems to 5,000 s . ft. or portion of such area Each additional 5,000 sq. ft $ 90.00 20 Annual premise permit, maximum 3 inspections $ 270.00 21 Inspections not listed in this schedule (per inspection) $ 90.00 4 RESOLUTION 42007-185 (g) Plumbing 1 Single-family, duplex (1 story) $ 310.00 2 Single-family (2 story) $ 390.00 3 Multi-family, to 5,000 square feet $ 310.00 Each additional 5,000 square feet or portion of such area $ 200.00 Multi-story, calculate as above, times number offloors 4 Commercial, to 10,000 square feet $ 310.00 Multi-story, calculate as above times number o Jloors 5 Additions, remodeling or interior completion $ 310.00 6 Repairs, fixture replacements $ 60.00 7 Trailer, mobile home $ 90.00 8 Water service, includes backflow $ 90.00 9 Backflow installation, only $ 90.00 10 Sewer connection $ 90.00 11 Storm sewer $ 90.00 12 Swimming pool $ 270.00 13 Spa, hot tub, Jacuzzi $ 60.00 14 Grease trap, oil interceptor $ 90.00 15 Firesprinkler, includes standpipe (Plus $1.50 per head) $ 180.00 16 Standpipe (only) $ 90.00 17 Lawnsprinkler $ 90.00 18 Well $ 90.00 19 Rain water, gutters, etc $ 60.00 20 Solar water heater $ 90.00 21 Piping systems $ 180.00 Natural gas, LP gas, medical gas, petroleum products, air, acid, etc. 22 A/C condensate lines $ 90.00 23 Sewer collections stems, site work, per acre or portion of such area $ 200.00 24 Water distributions stem, site work, per acre or portion of such area $ 200.00 25 Storm water drainage systems, site work, per acre or portion of such $ 200.00 area 26 Sewer lift station $ 90.00 27 Inspections not listed in this schedule will be invoiced per inspection at 5 RESOLUTION #2007-185 (h) 'Miscellaneous Fees 1 Tree removal or relocation * $ 100.00 Plus, per tree * $ 10.00 2 Land clearing, excavation, or fill, per acre, or portion of such area $ 250.00 3 Landscaping, per acre or portion of such area $ 85.00 4 Temporary Sign Banner $ 25.00 *This fee is in addition to the tree replacement (equivalent value) requirements as required in Chapter 26, Vegetation. Applicants are advised to review Chapter 26 of the City Code to determine all tree preservation/relocation requirements. (i) Development Application Fees Except as expressly indicated below, all Development Application Fees are in addition to Cost Recovery fees as required in Chapter 28, Zoning - Article 9, Administration and Enforcement, Section 9.60 (Recovery of costs of administrative review and processing). I Variance Single-family / Community Facility $ 100.00 Duplex $ 500.00 Triplex $ 500.00 Multi-family, Hotel, Condo-Hotel (per variance) $ 500.00 Nonresidential (per variance) $ 500.00 Wall Sin $ 250.00 Monument Sin $ 500.00 Pole Sign (aspermitted) $ 1,000.00 2 Administrative Variance Single Family $ 150.00** All other uses $ 250.00** 3 Sign Adjustment $ 250.00** Downtown Dania Beach Redevelopment District Only) 4 Special Exception Uses, excluding Cell Towers $ 500.00 Plus, per acre or portion of such area $ 200.00 5 Special Exception Uses, Cell Towers $ 1,000.00 6 Rezoning $ 1,000.00 Plus, per acre or portion of such area $ 200.00 7 1 Land Use Plan Amendment $ 2,000.00 Plus, er acre or portion of such area $ 500.00 8 Flex, Reserve, or LAC unit allocation $ 500.00 Plus, per flex, reserve, or LAC unit or hotel room $ 5.00 9 Site plan Residential, Hotel, Condo-Hotel, Time-Share, Motel $ 1,000.00 Plus, per unit $ 10.00 All other uses $ 1,000.00 6 RESOLUTION 92007-185 Plus, per 100 square feet for the first 10,000 sq ft $ 5.00 Plus, per 100 square feet over 10,000 sq ft $ 2.00 Revision $ 500.00 10 Perimeter Plat $ 500.00 Plus, per acre or portion of such area $ 50.00 11 Subdivision Plat $ 1,000,00 Plus, per acre or portion of such area 100.00 12 Delegation Request $ 500.00 13 Vacation or dedication of easement or right-of-way $ 1,000.00 14 Zoning Code Text Amendment $ 1,000.00 15 Appeal (Single Family and Community Facility) $ 250.00 16 Appeal (All other uses) 1,000.00 17 Trafficway Waiver $ 1,000.00 19 Alcoholic Beverage Variance $ 500.00 20 Unspecified $ 250.00 ** No cost recovery fee PLAN REVIEW FEE SCHEDULE Estimated Plan Review 2"d Plan 3rd Plan 4ch Plan 51h Plan Construction Value Processing Review Review Review Review Fee 101,000 - 200,000 **350.00 **100.00 **125.00 **150.00 **200.00 201,000 - 300,000 **400.00 **125.00 **150.00 **175.00 **225.00 301,000 - 500,000 500.00 150.00 175.00 200.00 250.00 501,000 - 800,000 600.00 175.00 200.00 225.00 275.00 801,000 - 1,000,000 700.00 200.00 225.00 250.00 300.00 1,000,001 - 2,500,000 1,000.00 225.00 250.00 275.00 325.00 2,500,001 - 5,000,000 2,000.00 1,025.00 1,050.00 1,075.00 1,100.00 5,000,001 and above 3,500.00 1,525.00 1,550.00 1,575.00 1,600.00 TO BE SUBMITTED AT TIME OF APPLICATION AND EACH SUBSEQUENT REVISION (FIRE REVIEW NOT INCLUDED) **PLAN REVIEW FEE NOT REQUIRED FOR SINGLE FAMILY HOMES MEETING BROWARD COUNTY AFFORDABLE HOUSING CRITERIA 7 RESOLUTION #2007-185 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 8 RESOLUTION #2007-185 CITY OF DANIA BEACH Agenda Item # /• o? / Agenda Request Item Date of Commission Meeting: 9-25-2007 Adopt Resolution ❑x Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: R@gU@st@d:Actl00 (identity appropriate Acton or Motion)' ' Approve a resolution of support for an application for a grant from the 2007 Broward Boating Improvement Program (BBIP) Why Action is Necessary The resolution of support is a requirement of the grant application. What Action Accomplishes Makes whole the grant application to BBIP and notifies the City Commission of possible improvement to the City. Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explatistiott/Background The Griffin Marine Park was completed in 2002 with grant funds from BBIP and FIND. This City park gives boaters direct access to the Dania Cut-off Canal for free. The park is not lit at night. Due to the park's seclusion and maritime use, it has become a dumping ground unwanted boats. The lights will provide safer environment for boaters who return after sunset when taking their boats from the water. The lighting will deter crime and make it more difficult to illegally dump. The lights will be solar powered. These BBIP grant funds can not be used for design and engineering cost, therefore the improvements that we are looking to make to the marina would be ineligible. fiscal Impact/Cost Summary If the cost of the project is kept below$50.000, no city match is required for the lighting. Additional funds will be required to update the site survey and perhaps a sign designating BBIP participation if required by the grant. Exhibits Attached Exhibit 1 - Resolution Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized;Signatures Submitted by Colin Donnelly Date 09/19/07 Department Director Date Assistant City Manager Colin Donnelly Date 09/19/07 HR Director Date Finance Director Patricia Varney Date 09/19/07 City Attorney Thomas J. Ansbro Date 09/19/07 City Manager Ivan Pato Date 09/19/07 User Creating Item Item Name (do not use/or\in name) Kathryn Florentine BBIP Grant Application 2007 .City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-187 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A GRANT RELATED TO THE BROWARD BOATING IMPROVEMENT PROGRAM (2007) IN THE APPROXIMATE AMOUNT OF $50,000.00, TO PROVIDE FUNDING FOR THE LIGHTING AT GRIFFIN MARINE PARK; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE APPLICATION; AUTHORIZING THE ACCEPTANCE AND EXECUTION OF THE GRANT AGREEMENT UPON ITS AWARD, AUTHORIZING THE DIRECTOR OF FINANCE TO APPROPRIATE THE FUNDING UPON AWARD; AUTHORIZING EXTENSIONS, IF NEEDED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Broward County Marine Advisory Committee can provide funding for lighting improvements at the Griffin Marine Park through the Broward Boating Improvement Program; and WHEREAS, the Broward Boating Improvement Program Grant does not require a match for requests that do not exceed $50,000.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application for the program for the Broward Boating Improvement Program Grant (2007) for lighting improvements to the Griffin Marine Park to be submitted by the City of Dania Beach to Broward County Marine Advisory Committee is approved and the appropriate City officials are authorized to execute it. Further, such officials are authorized to accept and execute the grant agreement upon its award (and any time extensions, if deemed necessary). Section 2. That the City Manager and City Attorney are authorized to make minor revisions to the application and agreement as are deemed necessary and proper for the best interests of the City. Section 3. That upon execution of the agreement, the Finance Director is authorized to appropriate the budget by the award amount in grant revenue and the appropriate expenditure account. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2007. ATTEST: BOB ANTON LOUISE STILSON, CMC MAYOR-COMMISSIONER CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION 2007-187 CITY OF DANIA BEACH Agenda Item # 7• Agenda Request Item Date of Commission Meeting: 9-25-2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid 1RFP ❑ Presentation ❑ Continued from: Requested Action (Ide gappropriateActionormotion) Approve awarding contract to Florida Blacktop, Inc. for traffic calming, Neighborhood Improvement Advisory Board (NIAB) Project. Why Action is Necessary To assure NIAB goals are met in timely matter which is part of the G.O. Bond issue. What Action Accomplishes Allows the City to not only meet goals outlined by the NIAB Committee's requests but provides flexibility for the Commission to address other traffic problems and to provide solutions quickly in all areas of the City. Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Backgrquad - SEE MEMO Fiscal Impact/Cost Summary GO BOND Exhibits Attached RESOLUTION MEMO Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized,Signatures Submitted by Leo Williams Date 09/18/07 Department Director Dominic Orlando Date 09/18/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 09/18/07 City Attorney Thomas J. Ansbro Date 09/19/07 City Manager Ivan Pato Date 09/19/07 User Creating Item Item Name (do not use/or\ in name) Leo Williams AGENDA REQUEST FLOR BLACKTOP 09-25-07 City Clerk Use Commission Action. Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-188 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH FLORIDA BLACKTOP, INC. FOR TRAFFIC CALMING DEVICES FOR AN AMOUNT NOT TO EXCEED $121,000.00 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 111, 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 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 have an agreement to provide for traffic calming devices for the City; and WHEREAS, the City Manager has determined that such services can best be obtained pursuant to an agreement with Florida Blacktop Inc. under an existing agreement between the company and the City of Ft. Lauderdale, for its City Project 410757A, valid through December 31, 2007, a copy of which is attached to this Resolution; WHEREAS, funding of $121,000.00 will be provided from the Neighborhood Improvement General Obligation Bond Program funds; 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 between Florida Blacktop Inc. and the City for traffic calming devices for a one year period for an amount not to exceed $121,000.00, to be derived from Neighborhood Improvement General Obligation Bond Program funds, in connection with the current City of Ft. Lauderdale City Project #10757A contract valid through December 31, 2007, a copy of which is attached and identified as Exhibit "A>, 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 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 #2007-188 (3) PUBLIC WORKS DEPARTMENT (ENGINEERING AND ARCHITECTURAL SERVICES) CONTRACT PROJECT10767A _ IMPROVEMENT OR PROJECT NO. .. 2006-2007 ANNUAL SPEED HUMP INSTALLATION CONTRACT RENEWAL r, DESCRIPTION FLORIDA BLACKTOP, INC. CONTRACTOR _ 567.867.59 AMOUNT MAY 23, 2006 _ COMMISSION APPROVAL DATE CITY OF _ FORT LAUDERDALE Venice ofAmenca August 17, 2006 Florida Blacktop, Inc. 1280 S. Powerline Road #29 Pompano Beach, Florida 33069 RE: Project# 10757A—2006-2007 Annual Speed Hump Installation Contract Renewal Gentlemen: Please find a copy of the referenced contract enclosed. This is your authorization to commence work under this contract. The work shall be carried on regularly and uninterruptedly with sufficient force to ensure its completion within the time specified in the proposal, and failure to begin on time shall render the Contractor liable for liquidated damages as stated under the General Conditions, page 5.8 of the "Construction Standards and Specifications", dated January 1982. This is also your official notification that the starting date for work under this contract is August 21, 2006 and the completion date is December 31, 2007. Please note carefully the requirements pertaining to SUBCONTRACTORS contained on page 5-11 of the General Conditions, as strict adherence to the conditions contained therein will be required. We are also enclosing payment forms, as well as copies of Release of Lien by Contractor, Affidavit on Behalf of Contractor, Subcontractor's Release of Lien and Subcontractor Identification forms (photo copy as needed) which must be executed and returned with your final pay request. Final payment will not be made until these executed forms are on file. Very truly your Peter R. Partington, P.E. City Engineer PP/csNTP Enclosures cc: Construction Management File PUBLIC WORKS DEPARTMENT (ENGINEERING AND ARCHITECTURAL SERVICES) 100 N. ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301 TELEPHONE:(954) 828-5772 ENGINEERING FAX (954) 828-5074, ARCHITECTURAL FAX (954)828.5070 www.fortlauderdale.gov �I EOU/ OPPORTUNITY EMPLOYER PRINTED ON RECYCLED PAPER CONTRACT (To be executed in triplicate, two copies to be filed in the Office of the City Engineer of Fort Lauderdale, Florida, and one copy to be given to the Contractor.) THIS AGREEMENT, entered into on May 23 2006 between: CITY OF FORT LAUDERDALE, a municipal corporation of Florida, called the "City" and - Flnrida Rlar-Idnn lnr. , called the "Contractor", A Florida Corporation Under due procedure of law, bids were received by the City Commission of the City for the performance of work and supplying materials, etc., described below and the Commission having considered bids, has determined that the bid of the Contractor was the best and most desirable bid submitted, and has authorized the execution of this contract; In consideration of the mutual covenants and obligations of this contract, the City does award the contract to the Contractor, and the Contractor does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform the work specified below at the following prices, to-wit: C-1 PROJECT10767A 2006-2007 ANNUAL SPEED HUMP INSTALLATION CONTRACT RENEWAL TO THE COMMISSION OF THE CITY OF FORT LAUDERDALE, FLORIDA Gentlemen: - The undersigned bidder agrees to furnish all labor, tools, material and supplies, and to sustain all the expense incurred in doing the work set forth below that may be awarded the undersigned by the City of Fort Lauderdale, Florida, through its proper officers, and to do the same strictly in accordance with the plans and contract documents on file in the Office of the City Engineer of Fort Lauderdale, which are referred to below and made a part hereof, at the following unit prices, to-wit: The following items are for the construction of speed humps on City streets: ITEM 1: Type TRRL profile speed humps, 12-ft long by 24-ft wide, Approximately 12 speed humps, @$2.367.57 /EACH $28,410,84 ITEM 2: Type TRRL profile speed humps, 12-ft long by 36-ft wide, Approximately 2 speed humps, @$3.207.18 /EACH $6.414 36 ITEM 3: Flat top profile speed humps, 22-ft long by 24-ft wide, Approximately 6 speed humps, @$3.201.97 /EACH S19 911 82 r ITEM 4: Flat top profile speed humps, 22-ft long by 36-ft wide, ^ Approximately 2 speed humps, @$4.210.55 /EACH $ 8 421.10 C-2 F (Continued) PROJECT 10757A ITEM 5: 30-inch x 30-inch advance warning signs, complete with 18-inch x 18-inch speed advisory signs, mounting hardware and U- channel galvanized steel posts, approximately 11, @$491.77 /EACH $ 5,409 47 TOTAL: $67,867.59 (FIGURES) Sixty Seven Thousand Eight Hundred Sixty Seven Dollars and 591100 (TOTAL WRITTEN DOLLAR AMOUNT) The City of Fort Lauderdale reserves the right to waive any informality in any bid and to reject any or all bids. It is to be understood that quantities listed in the above proposal are for estimate purposes only and that final quantities could vary significantly. Payment will be made at the unit price bid, for actual measured quantities as installed and accepted. At the time of award of contract, the City reserves the right to set a maximum dollar limit that may be expended on this project. Contract quantities of any or all items may be increased or reduced to F maintain the contract amount within an established limit. r F n r C-2 (a) which prices include the protection and continuous use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges and other construction encountered, and the prompt repairing of any damage done them during the progress of the work or from insufficient support; also, all filling, backfilling, tamping, ramming, puddling and consolidating; the removal and disposal of all rubbish and surplus material; also, al pumping, bailing, draining or dewatering of all the excavations incidental to the execution of the work; also, all loss or damage arising out of the nature of the work or from actions of the elements, or from any unforeseen obstruction or difficulties encountered in the prosecution of the work; also, the furnishing of all necessary labor, tools, equipment, materials and supplies, etc., and the performance of the whole work mentioned in the Detailed Plans and Specifications necessary to give a finished result, and including all expense incurred in or in consequence of the suspension or discontinuance of the work specified and a faithful compliance with each and every one of the requirements of the contract and for the faithful completion of the whole, in the manner specified, including the maintenance of the entire work and construction in good condition and repair until final acceptance. In consideration of the payments and covenants to be made and performed by the City, the Contractor does agree: (1) To furnish all labor, tools, equipment, materials and supplies and to do all the work in a first-class, substantial and workmanlike manner, and in conformity with the details for the work on file in the Office of the City Engineer of the City of Fort Lauderdale, Florida, and strictly in accordance with the specifications, general stipulations and plans which are referred to and made a part of this contract, as well as to the satisfaction of the City Commission and the City Engineer of the City, and in strict compliance with the directions which may be given by the City Engineer or his authorized ^ representative, at and for the prices plainly set forth. (2) Upon notification by the City, to correct any defective or faulty work or materials which r may appear within one (1) year after completion of contract and receipt of final payment. (3) To comply with the regulations of the Secretary of Labor of the United States of �. America made pursuant to the Anti-Kickback Act of June 13, 1934, 40 U.S.C. 276(c), the Davis- Bacon Act, 40 U.S.C. 276a-7, and any amendments or modifications thereto, and the Contractor shall cause appropriate provisions to be inserted in its subcontracts to insure compliance by its subcontractor(s)with the provisions of the Anti-Kickback Act, and the Contractor shall be responsible for acquiring and submitting the affidavits required of subcontractor(s) under the provisions of the Anti-Kickback Act, subject, however, to any reasonable limitations, variations, tolerances and exemptions from the requirement of the Anti-Kickback Act as the Secretary of Labor may specifically provide. The Contractor will comply with all provisions of Executive Order 112.46 of September 24, .. 1965, and the rules, regulations and relevant orders of the Secretary of Labor. (4) To pay promptly and before final settlement, any and all claims or liens incurred in and about this work. (5) The Contractor agrees that representatives of the U.S. Public Health Service and the _ State of Florida shall have access to the work wherever it Is in preparation or progress, and that the Contractor will provide proper facilities for such access and inspection. C-3 (6) Apprentice and Trainee Requirements — Apprentices shall be registered individually under a bona-fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, U.S. Department of Labor. All contracts in excess of$25,000 shall be governed by the following: Contractor or supplier agrees to make a diligent effort to hire for the performance of the contract a number of apprentices or trainees in each occupation which bears to the average number of journeymen in that occupation to be employed in the performance of the contract, the ratio of at least one apprentice or trainee to every five journeymen. Contractor or supplier agrees, when feasible, to assure that 25 percent of such apprentices or trainees are in their first year of training, except when the number of apprentices or trainees to be hired is fewer than four. Contractor or supplier agrees to submit, at three-month intervals, to the Bureau of Apprenticeship of the Division of Labor, records of employment by trade, of the number of apprentices or trainees employed; race of all apprentices; the number of apprentices or trainees in their first year of training; and total hours of work of all apprentices, trainees and journeymen. Contractor or. supplier agrees to submit to the Bureau of Apprenticeship of the Division of Labor, at three-month intervals, a statement describing steps taken toward making a diligent effort in the hiring of apprentices and trainees and containing a breakdown by craft of hours worked and wages paid for first-year apprentices or trainees, other apprentices or trainees and journeymen. .. (7) The following documents are incorporated and made a part of this contract: ^ (a) All documents which are attached. (b) The "Notice to Bidders", "Statement of Work", the 'Proposal", the acknowledgement before a Notary Public, the "Bid Bond", the "Instructions to Bidders", "Special Conditions", "General Conditions", and "Specific Provisions" attached hereto, the "Surety Bond", the "Performance Bond", the plans already prepared, all addenda issued by the City before the receipt of bids, and all provisions required by law, whether actually inserted or not. (c) CONSTRUCTION STANDARDS AND SPECIFICATIONS, Office of the City Engineer, City of Fort Lauderdale, January, 1982. v (d) Any revision to item (c) shall automatically become a part of CONSTRUCTION STANDARDS AND SPECIFICATIONS, Office of the City Engineer, City of Fort r" Lauderdale, January, 1982. (a) ARCHITECTURAL CONSTRUCTION SPECIFICATIONS, Office of the City Engineer, City of Fort Lauderdale, January, 1982. ,. (f) Any revision to item (a) shall automatically become a part of ARCHITECTURAL CONSTRUCTION SPECIFICATIONS, Office of the City Engineer, City of Fort Lauderdale, January, 1982. C-4 IN WITNESS WHEREOF, the City has caused these presents to be signed by its Mayor- Commissioner, City Manager, attested by the City Clerk with the corporate seal of the said City of Fort Lauderdale, and the Contractor has executed these presents the day and year written. Signed, Sealed and Witnessed CITY OF FORT LAUDERDALE, in the Presence of: FLORIDA: BY 01 itnQ s) or-tcfnmilkner "\ By to s) CityMahager Approved by: Attest: - 'City Engineer /}SSA,City Clerk Approved as to form: Attorney ^ WIT S S: Corpor a Na e) x f BY (Sig ature) f ACK N N7�'f Po (Witness prin ame) ��(( _ ((Signature) (Name/Title) (Corporate Sea n� Att t; kGct C2,Q.fMa i of prin ype name C-5 1ACKNOWLEDGEMENT OF CONTRACTOR STATE OF: COUNTY OF: The foregoing instrument was acknowledged before me this I y day of�Jij 0� ✓� 2 , by l"/�`, P6 s4'1�\t1�1 and as and respectively, of �10yl h kny a k corporation, on behalf of the corporation, They are personally known to me or have produced .. as identification and did (did not) take an oath. (SEAL) Notary P lic, State o o i a (Signat re of Notary t i g Acknowledgement) MY COMMISSION P DD 186223 l EXPIRES:FWay 20.2W7 B� Tftr,..rrwoun..�r. Name of Notary Typ nted or Stamped My Commission Expires: Commission Number C-6 SURETY BOND IN COMPLIANCE WITH AND INCORPORATING THE PROVISIONS OF SECTION 255.05,FLORIDA STATUTES THIS IS A SURETY BOND given by FLORIDA BLACKTOP. INC. the"Contractor' as principal, referred to In this Bond as'Contractor'and Hartford Casualty Insurance Company as "Surety,'and they represent by this instrument that they are bound to the CITY OF FORT LAUDERDALE, a municipal corporation of the State of Florida(°City'), in the sum of S 50,000.00 FIFTY THOUSAND DOLLARS AND NO CENTS for the payment of which, to be made to the City of Fort Lauderdale, Florida, they jointly and severalty, bind themselves and each of their heirs, executors, administrators, successors and assigns. Owner Name: CITY OF FORT LAUDERDALE a municipal corporation of the State of Florida Owner Address and Telephone: City Hall, Office of City Engineer 100 N. Andrews Avenue Fort Lauderdale, Florida 33301 (954)828-5772 Bond No.: 21BCSDV 2800 Contractor Name,Address,Telephone: Florida Blacktop, Inc. 1280 S. Powerline Road#29 Pompano Beach, Florida 33069 (954)979-5757 Surety Company, Address,Telephone Hartford Casualty Insurance Company 400 International Parkway Heathrow, Florida 32746 (800) 824-1732 City Project No.: 10757A Name of Project: 2006-2007 Annual Speed Hump Installation Contract Renewal Project Location: Various locations within the City Limits Legal Description and Street Address Speed Humps in various locations Description of Work Construction of speed humps and installation of the related traffic signs in the City streets. 'Contractor Is bound by an instrument in writing dated the 93rd day of May 2006 by which Contractor has contracted.with the City of Fort Lauderdale, Florida, to furnish labor, tools, and materials for the Project referenced and described above, together with all work incidental thereto, as fully set out in the plans, specifications and details on file in the Office of the City Engineer of the City. Notice required by Section 255.05(6), Florida Statutes: 'This bond is given to comply with Section 255.05 Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes." SB-1 255.05 Bond Form,Rev.10,21/05 The condition of the above obligation is such that if the above bound "Contractor," or its successor or assigns shall in good faith and in good, sufficient, substantial and workmanlike manner, perform the work and comply with the conditions of the contract, including payment of penalties, in strict accordance with the terms and provisions stipulated in it and shall indemnify and hold harmless the City against and for payments of any and all damages that may happen to persons or property by reason of excavations, embankments, obstructions and all other work in streets, alleys or places in connection with the work, or arising out of any act, neglect or omission of the "Contractor" or its agents, servants, or employees with relation to the work, and shall indemnify and hold harmless the City against and from all suits and acts of every nature and description arising out of any claims by patentees of any process connected with the work agreed to be performed under the contract, or of any materials used upon the work, and pay all costs accruing if the contract is cancelled and a new contract for finishing the work is let, and all other expenses lawfully chargeable to the "Contractor," then this agreement shall be null and void; otherwise it is to remain in full force and effect, but it is expressly provided, understood and agreed that if the "Contractor" or its subcontractors fail to duly and promptly pay for any labor, material, or other supplies used by`Contractor" or any of its subcontractors in the performance of the work to be done, or the Contractor defaults in its Contract with the City, the "Surety" will promptly pay the same in an amount not exceeding the sum specified in this bond, together with interest at the rate of fifteen percent (15%) per annum, and the Surety hereby stipulates and agrees that no change, extension, reduction, alteration or addition to the terms of the contract or the plans, details and specifications shall in any way affect the obligations of this bond. Whenever Contractor shall be, and is declared by the City to be in default under the contract, the City may proceed to cancel the contract and award a new contract for finishing the work or order the Surety to promptly remedy the default by obtaining a bid or bids for completing the contract in accordance with the original contract terms and conditions. Upon the determination by the City of the lowest responsible bidder, the Surety shall complete all work and pay the full cost of completion, less previous payments. This Bond is effective for one (1) year after completion and acceptance of the work, with liability equal to 25% of the contract price, and is so conditioned that the"Contractor"will, at its own expense, correct any defective or faulty work or material which appears within one (1) year after completion of the work and final payment, upon notification by the City. IN WITNESS WHEREOF, the above "Contractor has signed this Agreement, and the "Surety" has _ caused this Agreement to be signed in its name by its Attorney-in-Fact, and its corporate seal affixed, this 21" day of June 200 8 . ^ Signed, sealed and delivered in the resent f CONTRACTOR: Florid Blackto (SEAL) fines By: (Witn ) Elia . Shaouy, President SU E� Hartford Casualt Insurance Com an ii�J Local Agent—Charles D. Nielson kw Charles D. Nielson. Attorney-in-Fact and Florida Resident Agent Nielson,Alter&Associates ^ 5979 Northwest 151"Street, Miami Lakes, FL 33014 (Witness (305) 822-7800 SB-2 255.05 Bond Form, Rev. 10/21/05 r This bond is Given to Comply with section 255.05 Florida laimant under this baud foi pa��maennyt mue beon yfn accordance with the notice and time limitatbn prorblans in section"PIM,Florida Statutes. • Direct Inquirles/Claims to: POWER OF ATTORNEY THE s ND,T4 M AVENUE HARTFORD,CONNECTICUT 06115 .. call:888-266-3488 or fax:860-757.5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21.229752 XQ Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana XQ Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut QHartford Underwriters Insurance Company,a corporation duly organized under the lam of the State of Connecticut Q Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Q Hartford Insurance Company of Illinois.a corporation duly organized under the laws of the State of Dlinois Hartford Insurance Company of the Midwest, a coWration duly organized under the laws of the State of Indiana QHartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford,Connecticut, (hereinafter collectively referred to as the*Companies")do hereby make,constitute and appoint, up to the amount of unlimited: Charles J.Nielson, Mary C.Aceves, Warren After, Charles D. Nielson of Miami Lakes, FL their We and lawful Attorney(s}in-Fact,each in their separate capacity if more than one is named above, to sign its name as surety(ies)only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof,on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed,duly attested by its Assistant Secretary. Further,pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. _`rF. _ :`•oa.n•.uj a �0!► .fr+Vb� E17e +.nNV l .z-.roi9sIPto Paul A.Bergenholtz,Assistant Secretary David T.Akers,Assistant Vice President STATE OF CONNECTICUT j J[( SS, Hartford COUNTY OF HARTFORD On this 23rd day of July, 2003, before me personally came David T.Akers,to me known,who being by me duly swom,did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument;that he knows the seals of the said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by Ike authority. • +rY+ • Soon E.Paseks Nowt'Public L'8iT&ICATE My Commission Expim Octobu 31.2007 I,the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a We and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of June 21, 2006. Signed and sealed at the City of Hartford. +re.a •MM I 9 fp79 - • 1 �ri+P hun• •bns Gary W.Sasnper,Assistant Vice President POA 2004 DETAILED SPECIFICATIONS PROJECT 10757A 2006-2007 ANNUAL SPEED HUMP INSTALLATION CONTRACT RENEWAL GENERAL: The work consists of furnishing all labor, materials, equipment and incidentals for constructing speed humps and installing advance warning signs in the City. The speed humps shall be constructed of asphaltic concrete at various locations. The speed humps shall conform to the shapes detailed per drawings on pages 21, 22 B 23 (DS-6 through DS-8).. All work and materials shall be in accordance with the CONSTRUCTION STANDARDS AND SPECIFICATIONS, Office of the City Engineer, City of Fort Lauderdale, January, 1982, including any revisions, except where stated otherwise herein. WORK SCHEDULING: The work will be scheduled by Work Orders for different increments or jobs by the City Engineer, at various times and places. Any one job may be comprised of several speed humps in one or a number of localities. The minimum number of speed humps in any iob will not be less than two. The minimum number of signs in any iob will not be less than two. The sequence of the work shall be carried out in accordance with the Engineer's instructions or those of the designated City representative. An Engineering Division letter of notification will be given to the Contractor via U.S. mail containing a Location Drawing and description of work to be done. This form will be the authorization to start work. The Contractor shall begin each authorized portion of work within ten (10) working days of notification. Upon notification, and prior to beginning work, the Contractor shall tell the Engineer the number of working days that will be required to complete the authorized work unless the Work Order states the number of days allowed for the completion of the work. The work shall be completed within the number of working days agreed to by the Engineer and Contractor, subject to extensions allowed by the Engineer due to unfavorable weather or other allowable causes substantiated by the Contractor. _ Failure to complete the work of any single Work Order within the allotted time shall subject the Contractor to the Liquidated Damages provision of the General Conditions. The working hours are 7:30 a.m. to 4:00 p.m. only. Once the Contractor starts work on a Work Order, he shall remain on the job for the necessary number of consecutive working days to complete the work. The Engineering Inspection Supervisor shall determine when the work is complete. Leaving a job prior to the completion of a Work Order shall subject the Contractor to liquidated damages for each day off the job. TRAFFIC MAINTENANCE: Maintenance of traffic shall be in accordance with the applicable -- standards of the "Manual of Uniform Traffic Control Devices." The Contractor shall be responsible to provide a maintenance of traffic plan and/or temporary Traffic Modification Permit before any work proceeds. Maintenance of traffic plans shall be prepared by a certified worksite traffic supervisor. DS-1 DETAILED SPECIFICATIONS (Continued) PROJECT 10757A PROCEDURE: The work shall be performed in the following manner: (1) Templates for the type of speed hump to be constructed, TRRL or flattop, must be used at all times in the construction of the work. The Contractor must provide two (2) profile templates and a check template for each of the speed hump configurations. The templates must be sturdily fabricated and approved by the City representative prior to starting any work. Templates must be maintained in good condition and must be replaced if they become deteriorated or distorted. Work will not be permitted to proceed without the use of approved templates. (2) The check templates must be constructed very accurately, as they serve as a means of verification of the newly built work. The profile shall not vary by more than 1/16-inch from specified height dimensions. At its discretion, the City may use other means for checking newly constructed speed humps, such as coring for asphalt thickness and survey elevations. (3) Where speed humps of the same profile, but of different height, are to be constructed, separate templates must nonetheless be provided, corresponding to the different heights. (4) The Contractor shall install the permanent Advance Warning Signs for speed humps for each location prior to starting work on installing speed humps. The signs must be covered until the first hump is installed. ., Signs shall be field-located by the Engineer or his representative. (5) Flaggers shall be present and directing traffic at all times that work in the roadway is taking place. Traffic control barrels, cones and warning signs shall be placed at all work areas to provide a safe maintenance of traffic. All workers must be provided with and must wear roadway safety vests. ^ (6) The Contractor shall sawcut, but not excavate, all of the required keyway slot areas for a job before starting any speed hump installation work. The Contractor shall not excavate more than one keyway (leading edges) in advance of speed hump installations. Keyway excavation shall be made to a depth of 1-inch to 2-inches. Over-excavated keyways shall be filled in with .. asphaltic concrete to obtain the proper depth and prevent damage to passing cars. ^ Durina construction of the hums the first lift of asphalt should encompass the keyways. (7) All loose material, dust, dirt and all foreign material which could prevent proper bond with the .. existing surface shall be removed from the work area. Keyways shall be swept clean. (8) A tack coat shall be applied to the pavement surfaces. ^ DS-2 DETAILED SPECIFICATIONS (Continued) PROJECT 10757A Procedure (continued) (9) Speed humps shall be constructed on one-half of the roadway at a time. Traffic shall be maintained on the other part of the roadway at all times. The speed humps shall be constructed in two approximate equal lifts. The first lift shall be compacted by a tandem steel roller prior to the installation of the second lift. Trucks carrying asphaltic concrete for the speed humps shall have the asphaltic concrete covered at all times in order to retain the temperature of the mix. The City representative may reject any truck that has, in his judgment, an inadequate cover. (10) The Contractor shall clean the work site. Construction debris shall not be allowed to accumulate. All construction debris must be removed from the work site daily. (11) Speed humps shall be temporarily striped on the day they are installed Permanent striping shall be done between 30 and 45 days after installation of the speed humps. ASPHALTIC CONCRETE: The asphaltic concrete material to be placed under this Contract shall be Florida Department of Transportation (FDOT) Type SJU The material shall conform with the requirements set forth in the FDOT STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, Current Edition. The asphalt load receipts received from the asphalt plant shall be submitted to the City Inspector for verification of the type of asphalt. COMPACTING SPEED HUMPS: Use a tandem steel-wheeled roller weighing between 5 and 12 tons. The roller shall pass over every portion of each course of the hump at least five (5) times. Each pass shall overlap the previous pass by half the width of the rollerwheel. The motion of the roller shall r be slow enough to avoid displacement of the mixture. Any displacement shall be corrected at once by the use of rakes and the addition of fresh mixture, if required. Final rolling shall be continued until all roller marks are eliminated. r SURFACE REQUIREMENTS: The Contractor shall be responsible for obtaining a smooth surface, free of irregularities. The finished surface shall be of uniform texture and compaction. ACCEPTANCE TESTING FOR SURFACE TOLERANCE: The surface of the finished speed hump .. shall conform to the required dimensions as measured by the approved check templates. A tolerance of minus-1/4-inch to plus-1/2-inch will be allowed, but the maximum variation must not exceed 1/2-inch. ^ The Contractors personnel shall measure the speed hump with the template at the direction of the City Inspector or Engineer. CORRECTING UNACCEPTABLE SPEED HUMPS: Correction shall be made by removing and _ replacing the speed hump with another in its place, built to the proper dimensions. The entire speed hump must be removed and the key re-established before constructing a replacement. The cost of all corrective work shall be borne by the Contractor. SIGNS AND SIGNPOSTS: Signs shall be made of .080-inch aluminum with a "yellow" reflectorized background and "black" legend and border. The signpost shall be galvanized steel U-channel. Mounting hardware shall be stainless steel. '� DS-3 DETAILED SPECIFICATIONS (Continued) PROJECT 10757A TEMPORARY STRIPING: The Contractor shall provide temporary pavement markings in accordance with the Plans and City Specifications, Section 175— Paint Striping, Sections 175-01 to 175-03. The Contractor shall be responsible for all measurements, string marking locations and alignment. The Contractor shall take all necessary precautions for the protection of the paint and the safety of the public during paint installation and drying. PERMANENT STRIPING: The Contractor shall install permanent pavement markings in accordance with the Plans and City Specifications, Section 170 — Thermoplastic Pavement Markings, Sections 170-01 to 170-07, 170-09 to 170-17, 170-22 and 170-23, The minimum thickness of thermoplastic lines shall not be less than 0.09-inches. The Contractor shall be responsible for all measurements, string marking locations and alignment. The Contractor shall take all necessary precautions for the protection of the paint and the safety of the public during striping installation and drying. CONTRACT DATES: The termination date for the issuance of work under this contract shall be December 31, 2007, All Work Orders issued before the Contract termination must be completed in accordance with this Contract. CONTRACT EXTENSION: The successful bidder shall be given the option of accepting one-year extension of the Contract if the City finds it to its benefit to offer one. Extension of this Contract would require that work be performed at the unit prices shown in the Proposal, or at mutually agreed upon adjustments in the unit prices. The City may be willing to allow cost adjustments to the contractor's unit rates, as outlined below, if price increases occur in the industry. Extension of this Contract would be subject to the appropriation of funds by the City for the work. COST ADJUSTMENTS: Costs for any extension years shall be subject to an adjustment only if increases occur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year or, whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPU-U) (National) as published by the Bureau of Labor Statistics, U.S. Department of Labor. The yearly increase, or decrease in the CPI shall be that latest index published and available ninety (90) days prior to the end of the contract year then in effect compared to the index for the same month one year prior. Any requested cost increase shall be fully documented and submitted to the City at least ninety (90) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the City shall have the right to receive from the Contractor a reasonable reduction in costs that reflect such cost changes in the industry. DS-4 DETAILED SPECIFICATIONS (Continued► PROJECT 10757A ITEMS 1 throuuh 4: These items are for compensation to the Contractor for construction of speed humps including forming keyways in existing asphalt, all necessary pavement brooming, tack coat, placing and compacting asphalt to required profiles, temporary and permanent pavement striping, maintenance of traffic during construction, protection of the construction sites, site cleanup, any and all restoration to the area, and all work necessary for a complete installation. ITEM 5: This item is for payment to the Contractor for complete assembly and installation of advance-warning speed hump signs. The Contractor will be required to submit Shop Drawings for approval prior to fabrication of the signs. PAYMENT: The unit prices contained in the proposal for work items and the measure of these items actually constructed and accepted shall serve as the basis for full compensation for all work described herein r ti DS-5 DETAILED SPECIFICATIONS (Continued) PROJECT 10757A WKYTH OF PAVEMENT _ A41VLT SP®I�AP o iP q _ q m .+ 9 wnt n m d _ � b ^ .. PLAN VIEW v ROADWAY e' ^ SURFACE D�RCRON W lMYE1 ti e+ ^ SIn_F VIEW FROM GROUND LEVE7 FLAT TOP SPEED HUMP DETAIL ROAD WIWM 24 Ft. k JB FL KM w DS-6 DETAILED SPECIFICATIONS (Continued) PROJECT 10757A OF'PAVEWENT ROADWAY k SURFACE a — a � ASPHALT 9 FEET SPEED HUMP WHRE SIRPWC a $� O 4 n O PLAN VIEW n ROADWAY SURFACE p DFiECi1011 OF TRAVEI ^ E3 x n I r� n sipr VIEW FROM GROUND FNFl n ROUNDED SPEED HUMP DETAIL ROAD WIDTH 21 R- 3 1 H.T.S DS-7 DETAILED SPECIFICATIONS (Continuedl PROJECT 10757A t r ADVANCE WARNING SIGN (TIT.) 41 NTd SPEED HUMPS NEXT )00( FEET es 20 MK m ou v .+ ADVANCE WARNING SIGN (TYP) A2 M.TS �r SPEED HUMP SIGNS DETAIL .. DS•8 INSURANCE REQUIREMENTS The Contractor shall: I PUBLIC LIABILITY Provide Commercial General Liability Insurance, including City as an additional insured, with minimum limits of $100,000 per person, $300,000 per occurrence, and $50,000 property damage. II WORKER'S COMPENSATION Provide Worker's Compensation and Employer's Liability Insurance for the benefit of Contractor's work force. III INDEMNITY Protect, defend, indemnify and hold harmless the City of Fort Lauderdale, its officers, employees and agents from and against any and all lawsuits, penalties, damages, settlements, judgments, decrees, costs, charges and other expenses or liabilities of every kind in connection with or arising directly out of the work agreed to be performed herein, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of " Contractor, its employees, servants, agents and subcontractors. Without limiting the foregoing, any and all such claims, suits, etc., relating to personal injury, death, damage to property, defects in materials or workmanship, actual or alleged infringement of any patent, trademark, copyright or of any other tangible or intangible personal or property right, or any actual or alleged violation of any applicable statute, ordinance, administrative order, rule or regulation or decree of any court, is included in the indemnity. The Contractor further agrees to investigate, handle, respond to, provide defense for, and defend any such claims, etc., at his sole expense and agrees to bear all other costs and expenses related thereto, even if the �^ claim(s) is groundless, false or fraudulent. .. In case of injury to persons, animals or property, real or personal, by reason of failure to erect .^ or maintain proper and necessary barricades, safeguards and signals or by reason of any negligence of any Contractor, subcontractor or any of the Contractor's agents, servants, or employees during the performance of the work before the estimates have become due under this contract, the City may, through its officials, withhold such payments as long as it may deem necessary for the indemnity of the City as Owner, provided that the failure to pay the same shall not be construed or considered as a waiver of the indemnity as hereinabove set forth. IV AUTOMOBILE LIABILITY Covering all owned, hired and non-owned automobile equipment. Limits: Bodily Injury $100,000 each person $300,000 each occurrence Property Damage $ 50,000 each occurrence IR-1 Low Ins./p.1 (Pjs. under$100,000) REV.05101101 INSURANCE REQUIREMENTS (Continued) V. BUILDER'S RISK If a structure is to be erected, the Contractor must also provide Builder's Risk Insurance for the full insurable value of the premises being constructed, and the policy should be endorsed to the effect that the interests of the City are included as a loss payee and the carrier waives all rights of subrogation against the City. VI CERTIFICATES OF INSURANCE Before commencing performance of this contract, the Contractor shall furnish the City of Fort Lauderdale a duplicate policy of Certificate of Insurance for the required insurance as specified above, which shall contain the following: A) Name of insurance carrier(s) B) Effective and expiration dates of policies C) 30 days written notice by carrier of any cancellation or material change in any policy D) Duplicate Policy or Certificates of Insurance stating that the interests of the City are included as an additional named insured, and soecifving the oroiect/location. Such insurance shall apply despite any insurance which the City may carry in its own name. VII SUBCONTRACTORINSURANCE -- Contractor is advised to require all of its subcontractors to provide the aforementioned coverage as well as any other coverages that the Contractor may consider necessary, and any deficiency in the coverages or policy limits of any subcontractors will be the sale responsibility of the Contractor. IR-2 Low Ins.lp.2 (Pjs. under$100,000) REV.05/01101 -I AN.1 W 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 Orlando, P.E. Director of Public Services BY: Leo Williams, Public Services Superintendent Date: September 18, 2007 RE: Approval of Contract Award to Florida Blacktop, Inc for Neighborhood Improvement Advisory Board (NIAB) Traffic Calming Introduction and Background As part of the GO Bond Neighborhood Improvement Advisory Board (NIAB) Project, traffic calming in various areas was one of the main requests of the Advisory Board and staff has found the quickest and most cost effective way to move on this project is to use the Company, Florida Blacktop, Inc. This contractor was the low bidder on City of Fort Lauderdale, City Project #1075A. Staff is recommending approval of a not-to-exceed amount of$121,000.00. Recommendation It is recommended that the City Commission approve a resolution to award the NIAB project to Florida Blacktop, Inc. in the not-to-exceed amount of $121,000.00 and authorize the City Manager to execute the documents. xt RESOLUTION NO. 2007-189 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AFFIRMING ITS CONTINUED SUPPORT AND RESPECT FOR ALL CITIZENS IN OUR DIVERSE COMMUNITY AND FURTHER AFFIRMING ITS CONTINUED SUPPORT FOR THE MARKETING OF DANIA BEACH AND GREATER FORT LAUDERDALE TO DIVERSE GROUPS AS WELCOMING VACATION DESTINATIONS; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach has a diverse population encompassing people of varying races, ethnicities, religions and sexual orientations; and WHEREAS, the City of Dania Beach is committed to respect the dignity of our citizens, employees, businesses and visitors, and for the diversity of all groups; and WHEREAS, the City of Dania Beach affirms its continued support for the marketing by the Greater Fort Lauderdale Convention and Visitors Bureau to diverse groups and welcoming visitors to Dania Beach as a diverse destination; and WHEREAS, the Broward County Board of County Commissioners has reassured visitors that Greater Fort Lauderdale and its cities welcome all travelers to the area as a destination that is safe, unbiased, diverse and gay friendly; and WHEREAS, the City of Fort Lauderdale has adopted a resolution reaffirming its respect for the diversity of all groups and condemns any statement or action that shows disrespect for any segment of its population; and WHEREAS, the City of Wilton Manors has adopted a resolution opposing any comments that divide a community and welcoming the diversity that its residents and those of Broward County enjoy, as a community that is inclusive rather than divisive; 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 are made a specific part of this Resolution. Section 2. That the City Commission of the City of Dania Beach feels it is absolutely necessary to reaffirm its respect for the dignity of our citizens, employees, businesses and visitors and for the diversity of all groups. Section 3. That the City Commission of the City of Dania Beach, Florida opposes any comments that divide a community because they do not promote the best interests of the City of Dania Beach and Broward County. Section 4. That the City Commission of the City of Dania Beach, Florida welcomes the diversity that the City of Dania Beach and Broward County residents enjoy and prides itself on being a community that is inclusive and welcoming, rather than divisive. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall become effective immediately 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 - CITY OF DANIA BEACH Agenda Item # Agenda Request Item Date of Commission Meeting: 9-25-2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑X Award Bid/RFP ❑ Presentation ❑ Continued from: Requested Action (Idenfity appropriate Action or Motion)f Increase parking permit fee for non-Florida residents and hourly fees Why Action is Necessary Required by City's Code of Ordinance What Action Accomplishes Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑X water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background- During the budget process, staff has performed an analysis and presented to Commission for consideration of increasing the non-Florida residents parking permit rate to $60 per year and the hourly fee from $1.25 to $1.50. This is projected to generate an additional $58,000 in parking revenue for FY 2008. Fiscal Impact/Cast Summary Approximately $58,000 Exhibits Attached Ordinance Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized,Signatures Submitted by Patricia Varney Date 09/15/07 Department Director Patricia Varney Date 09/15/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 09/15/07 City Attorney Thomas J. Ansbro Date 09/17/07 City Manager Ivan Pato Date 09/17/07 User Creating Item Item Name (do not use/or\in name) Patty Varney Parking Fees increase City Clerk Usa Commission Actions 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 "efts 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 ene ae"a~ and twenty five eepAs ($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 November 1, 20033 October 1, 2007. b) That effective October 1, 2003, any resident of the city shall be exempt from the payment of charges as set forth in subsection (a) hereinabove by obtaining a parking permit (sticker) from the city. The permit (sticker) shall be available from the city in the form of a decal, which must be affixed to the exterior lower left corner of the rear window of the vehicle, or if the vehicle is a convertible, it must be affixed to the left of the license plate on the rear bumper. The parking permits (stickers) shall be issued annually to correspond with the city's fiscal year, and a charge of thirty-five dollars ($35.00) per year for a resident Hermit plus Florida sales tax, shall be paid to the city for each such parking permit issued; provided, however, that any senior citizen resident who demonstrates to the city that his or her age is fifty-five (55) or more shall be entitled to such a permit (sticker) upon payment of a fee of twenty dollars ($20.00), plus sales tax. The word "resident," as used herein in this Section, shall mean a person who lives in the city and who submits a copy of a current Florida motor vehicle registration or a true copy of an existing fully executed lease agreement for a motor vehicle registered in Florida to verify the owner/applicant's name, and, in addition, a current utility bill or voter's registration card in the same name and showing a Dania Beach address. If the applicant provides a motor vehicle registration showing registration outside of the State of Florida, the permit fee shall be $60.00. If the applicant is a lessee of the motor vehicle to which the permit (sticker) is to be affixed, such lessee after proof of City residency has been demonstrated to the City, shall pay an additional sum of thirty dollars ($30.00) at the time of issuance of the permit(sticker) which sum shall be returned to the lessee, without interest, upon return of the permit (sticker) to the city clerk. The owner of a business located in the city shall be issued one parking permit upon payment of said such fee and by presenting a copy of the ^,,,.... .bona, lieense business tax receipt issued to such business and a copy of the motor vehicle registration form to show that both were issued in the same name. 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 August 14, 2007. PASSED AND ADOPTED on second reading 12007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE #2007-017 �- CITY OF DANIA BEACH Agenda Item # 7• Agenda Request Item Date of Commission Meeting: 9-25-2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑X Award Bid IRFP ❑ Presentation ❑ Continued from: Requested Action (Idenfityappiopriate Action or Motion) ; Adopt an ordinance repealing current fire safety inspection fee schedule and creating a new Section 11-46.1. Why Action is Necessary To revise fee schedule in keeping with rising expenses associated with the cost of providing fire safety inspection services. What Action Accomplishes Revenue generated will support actual expenses of services performed. Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑X water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background 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. Fiscal Impact/Cost Summary <` Monies from revised fees will support increased costs of services rendered. Exhibits Attached 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 1MON Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 5 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by Christy Lee Blocker Date 09/17/07 Department Director Michael Cassano Date 09/17/07 Assistant City Manager Colin Donnelly Date 09/17/07 HR Director Date Finance Director Patricia Varney Date 09/17/07 City Attorney Thomas J. Ansbro Date 09/17/07 City Manager Ivan Pato Date 09/17/07 User Creating Item Item Name (do not use/or\in name) Christy Blocker Ordinance revising fire inspection fees. City clerk Use Commission Action: Approved: 7 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 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.E.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: Inspection fees (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 withthe city .................................................................................................... No charge (f) 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: 1. Stand pipe systems (Minimum) ............................................................... 150.00 $75.00 per riser to a maximum of$300.00 2. Smoke evacuation systems (each) ........................................................... 150.00 3. 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 4. 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#2007-018 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 P g 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-five(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 August 14, 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 ORDINANCE#2007-018 CITY OF DANIA BEACH Agenda Item # 7• Agenda Request Database Date of Commission Meeting: 9-25-2007 Adopt Resolution ❑ Adopt Ordinance(1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑X Award Bid IRFP ❑ Presentation ❑ Continued from: ORDINANCE NO.2007-022-AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST MADE BY ATTORNEY KEITH POLIAKOFF WITH THE LAW FIRM OF BECKER&POLIAKOFF,REPRESENTING THE PROPERTY OWNER ROBERT KRILICH,SR.OF OAKBROOK REALTY&INVESTMENT,LLC.,FOR THE'STIRLING ROAD PLAZA PLAT,SUCH PROPERTY BEING GENERALLY LOCATED AT THE NORTHEAST CORNER OF STIRLING ROAD AND SOUTHWEST ISTH STREET,IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT'A'.A COPY OF MICH IS ATTACHED TO THIS ORDINANCE;ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS,HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE'STIRUNG ROAD PLAZA PLAT';PROVIDING FOR SEVERABILITY;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. . Purchasing Requests ONLX " Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary ExplanationlBackground PL-36-07: The applicant, Keith M. Poliakoff, Esq., on behalf of the property owner Oakbrook Realty & Investment, LLC., is requesting a Perimeter Plat for the property located at the north east corner of Stirling Road and SW 18th Avenue FIs6 t,�t1,CUCostaSu' mw.Zncda.6.�._nis:.ct r".:[=a.......,..�e w..i..r- -fir `R c. E:`µ.. �,. H.a Y rl7i. a;•� fn t Ordinance Staff Report Application Plats Public Hearing Notice Map Mailing List Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by LOU ANN CUNNINGHAM Date 09/18/07 Department Director Laurence G. Leeds, AICP Date 09/18/07 Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date User Creating Item Item Name (do not use/or\ in name) LouAnn Cunningham OAKBROOK PLAT 2 READING Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2007-022 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY ATTORNEY KEITH POLIAKOFF WITH THE LAW FIRM OF BECKER & POLIAKOFF, REPRESENTING THE PROPERTY OWNER ROBERT KRILICH, SR. OF OAKBROOK REALTY & INVESTMENT, LLC., FOR THE "STIRLING ROAD PLAZA PLAT", SUCH PROPERTY BEING GENERALLY LOCATED AT THE NORTHEAST CORNER OF STIRLING ROAD AND SOUTHWEST 18Tn STREET, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE "STIRLING ROAD PLAZA PLAT'; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the plat to be known as the "Stirling Road Plaza Plat" (PL-36-07), such property being generally located at the northeast comer of Stirling Road and Southwest 181h Street, in the City of Dania Beach and legally described in Exhibit "A", a copy of which is attached to this Ordinance, is accepted and approved. The City of Dania Beach consents and agrees that such plat may be recorded in the Public Records of Broward County, Florida, upon further approval of all agencies of Broward County, Florida, havingjurisdiction in the matter. Section 2. That the dedication for public use of all streets, highways and alleys, as shown on the plat to be known as the "Stirling Road Plaza Plat", is accepted by the City of Dania Beach, Florida. 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. 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 5. That this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on September 11, 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: rHOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE #2007-022 EXHIBIT "A" - "STIRLING ROAD PLAZA PLAT" LEGAL DESCRIPTION A Portion of the West '/2 (W '/2) of the Southwest '/4 (Sw '/4) of the Southwest '/4 (Sw '/4) of the Southeast '/4 (Se '/4) of Section 33, Township 50 South, Range 42 East, Broward County, Florida, being more particularly described as follows: Commencing at the Southwest Comer of the Southeast '/4 (Se '/4) of said Section 33; Thence North 00 Deg 43 Min 45 Sec East on the West Line of said Southeast '/4 (Se %4), a distance of 73.88 feet of the Point of Beginning; Thence continue North 00 Deg 43 Min 45 Sec East on said West line 181.94 feet to the Westerly prolongation of the most Westerly South line of"Hilton Gardens at Stirling Road" according to the Plat thereof as recorded in Plat Book 171, Page 16, of the Public Records of Broward County, Florida; Thence North 79 Deg 36 Min 25 Sec East on Said Westerly prolongation and said most Westerly South Line 171.84 feet; Thence continuing on the South line of said "Hilton Gardens at Stirling Road" North 83 Deg 06 Min 46 Sec East 168.05 feet to the Southeast corner of said "Hilton Gardens at Stirling Road", said point being on the East line of the West %s (W '/2) of the Southwest '/4 (Sw '/4) of the Southwest '/4 (Sw '/4) of the Southeast '/4 (Se '/4) of Section 33, Township 50 South, Range 42 East; Thence South 00 Deg 48 Min 44 Sec West on Said East Line 254.04 feet to the intersection with the North Right-Of-Way line of Stirling Road as shown on Miscellaneous Map Book 5, Page 21, of the Public Records of Broward County, Florida; Thence North 89 Deg 59 Min 21 Sec West on said North Right-Of-Way line 193.58 feet; Thence on the North Right-Of-Way line of said Stirling Road as shown in Official Records Book 23584, Page 103, of the Public Records of Broward County, Florida the following three (3) courses and distances; 1) North 85 Deg 19 Min 40 Sec West 26.60 feet to the intersection with the arc of a curve concave Northerly whose radius point bears North 00 Deg 42 Min 03 Sec East; 2) Westerly on the arc of said curve having a radius of 2245.34 feet, a central angle of 2 Deg 38 Min 12 Sec and an arc length of 103.33 feet; 3) North 36 Deg 38 Min 09 Sec West 18.81 feet to the Point of Beginning. Said lands situate, lying and being in the City of Dania Beach, Broward County, Florida containing 76,849 square feet (1.7642 Acres.) 3 ORDINANCE#2007-022 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: September 25, 2007 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director G, �— Corinne Lajoie, AICP, Principal Planner SUBJECT: LU-37-07/PL-36-07: The applicant, Keith M. Poliakoff, Esq., on behalf of the property owner Oakbrook Realty & Investment, LLC, is requesting a Future Land Use Map Amendment and a Perimeter Plat for the property located at the north east corner of Stirling Road and SW 18 Avenue. FUTURE LAND USE AMENDMENT The applicant has requested amending the Future Land Use Map from the "Parks and Recreation" to "Commercial". The Parks and Recreation designation dates back to 1980, when the Audubon Society owned the property. Audubon sold the property to the present owner, Oakbrook Realty & Investment, LLC in 1999. Broward County tried to purchase this property in 2001 - 2004 for public open space but negotiations with the property owner failed. The applicant has submitted a wildlife inventory as per the City's wildlife protection ordinance (included in backup). Zoning, future land use, and existing land use of adjacent lands are shown below. ADJACENT Zoning Future Land Use Existing Uses SITES Ma North Commercial C-2 HOTEL Hotel South City of Hollywood COMMERCIAL Restaurant East C-2 & IROM COMMERCIAL Retail Sales West Commercial C-2 COMMERCIAL Restaurant PERIMETER PLAT The plat consists of a single parcel, with access off both SW 18th Avenue and Stirling Road. Broward County requires the dedication of 25 feet along SW 18th Avenue and installation of an eastbound right turn lane along Stirling. The plat is restricted to a 20 000 s . ft. retail center r ° p 0 29 /o of the net q site area after ROW dedication. Based on County ROW, city parking, and city landscape requirements, building size is anticipated to be 15,000 sq. ft. or less pending site plan review. PLANNING AND ZONING BOARD RECOMMENDATION Land Use Plan Amendment: Approval of "Commercial". Preliminary Plat: Approval, subject to the following issues being addressed prior to second reading of the plat: 1. Letter acknowledging that no site clearing, grubbing, or tree removal is permitted without city permits. 2. Plat to indicate utility easements. 3. Approval by Pubic Services Director. Page 1 of 1 Loftier, Christine From: Leeds, Larry Sent: Wednesday, August 29, 2007 1:08 PM To: Loftier, Christine Subject: FW: Oakwood Plaza Attachments: Oakwood Environmental Report.pdf Print attachment; goes into backup for Frontier LUPA. Laurence Leeds, Director Community Development Department City of Dania Beach 100 West Dania Beach Boulevard Dania Beach; FL 33004 954-92+3640 Ileedsmci.dania-beach.fl.us From: pjeco@bellsouth.net [mailto:pjeco@bellsouth.net] Sent: Wednesday, August 29, 200711:20 AM To: Leeds, Larry Cc: Troy Holbrooke; Keith Poliakoff Subject: Oakwood Plaza Larry: We have added a wildlife element to the Environmental Report that we sent you for review. Let me know if this is sufficient to be in compliance with the ordinance. Phil Jimrusti Phillip R. Jimrusti &Associates, Inc. 12730 S.W. 12th Court Davie, Florida 33325 Phone: 954-370-8870 Fax: 954-476-9256 Cell: 954-684-4728 E-Mail: pjeco@bellsouth net 8/29/2007 RECONNAISSANCE LEVEL FIELD 1ViNT FRONTIER DEVELOPMENT PROPERTY Broward County City of Dania Beach, Florida Section 33, Township 50 South, Range 42 East PREPARED FOR: FRONTIER DEVELOPMENT, LLC MARCH 5, 2007 BY: 0 PHILLIP R. JIMRUSTI & ASSOCIATES, INC. 4NATURE ECOLOGICAL ENGINEERS ENVIRONMENTAL CONSULTANTS 12730 S.W. 12th Court DAVIE, FLORIDA 33325 A /NTENOE (954) 370-8870 FRONTIER DEVELOPMENT PROPERTY INTRODUCTION A Reconnaissance Level Field Assessment was conducted on this 1.74-acre tract of land located north of Stirling Road, east of SW 18th Avenue, City of Dania Beach, Section 33, Township 50 South, Range 42 East, Broward County, Florida. The parcel was surveyed for compliance with the South Florida Water Management District Basis of Review, Broward County Ordinance No. 93-49, section 27, and the City of Dania Beach "Tree Preservation" Ordinance (Chapter 26, Article 2) and "Wildlife Protection" Ordinance (Chapter 29, Article 4). The site was investigated to identify native vegetative communities, determine the viability of indigent habitats, and note the presence or absence of threatened or endangered species as listed by the U.S. Fish and Wildlife Service, Florida Game and Fresh Water Commission (FGFWFC), and the Florida Department of Agriculture. The site is bordered by paved roads on the south and west sides, by agricultural development on the east side, and by commercial development on the north side. The entire site is wooded, but appears to have undergone hurricane damage. A tree survey of the property was conducted by Phillip R. Jimrusti and Associates, Inc. on March 5, 2007. Because of the hurricane damage and infestation of invasive vines, it was difficult to tell if some of the canopy vegetation was alive. Approximately 20% of the trees were uprooted, had broken trunks, structural damage or lost major limbs. The immediate area surrounding the property, with the exception of isolated wooded areas, has been developed for agricultural, commercial, or residential purposes. VEGETATION The canopy vegetation consists of tropical almond (Terminalia catappa), cabbage palm (Saba) palmetto), sea grape (Coccoloba uvifera), lead tree (Leucaena leucocephala), ficus (Ficus sap.), six gumbo limbo Bursea simaruba), Brazilian pepper (Schinus terebinthifolius), one black olive (Bucida buceras), three red bay (Persea sop.), one Christmas palm (Veitchia merrillii), live oak (Quercus virginiana), and strangler fig (Ficus aurea). The understory and groundcover consists of catbriar vine (Smilax sDp.), snake plant (Sansevieria hvacinthoides), philodendron (Philodendron sop.), syngonium (Svngonium podophyllum), life plant (Kalanchoe pinnata), air potato (Dioscorea bulbifera), wild coffee (Psvchotria nervosa), Virginia creeper (Parthenocissus guinguefolia), bidens (Bidens alba), Surinam cherry (Eugenia uniflora), cocoplum (Chrysobalanus icaco), grape vine (Vitis rotundifolia), myrsine (Rapanea puncyata), orange tree (Citrus sinensis), shoebutton ardisia WordWRl DocurnentsTrontler Development Property,EA 2 i FRONTIER DEVELOPMENT PROPERTY VEGETATION (continued) (Ardisia elliptica), dog fennel (Eupatorium capillifolium) and various grasses and forbs. SOILS The US Department of Agriculture, Natural Resources Conservation Service Soil Survey of Broward County indicates that the substrate of the property consists of Dade Fine Sand (Dd). Dade fine sand is a nearly level, well drained sandy soil on slightly elevated flatlands in the southeastern part of the county, Soft limestone is at depths that average between 20 to 40 inches. Most of the acreage of this soil lies within areas that are being developed for urban uses, to which this soil is well suited. There appeared to be no hydric soils present. WILDLIFE In accordance with the "Wildlife Protection" Ordinance (Chapter 29, Article 4), conditions on the site were assessed by walking a series of pedestrian transects across the property on five different occasions and thoroughly examining the parcel for indicators of animal habitation. The methodology utilized was to look for signs such as scat, hair, burrows, tree scrapings and dens. None were observed. The only wildlife observed were several transient common grackles (Quiscalus auiscula). Based on previous studies of animal populations within these communities, the following is a list of probable animal species that could inhabit the site but were not observed during several site visits: Table 1: State and Federally Listed Species that could occur j on the subject property. Protected Species Common Name Scientific Name State Federal Reptiles __. _.-_. ....,._.. .-.. __. . . _.. oil . .i....Na_. ..Na..._-I Green anole An oil carolmensis Brown anole Anolis sagrei Na Na Six lined racerunner Cnemidophorus sexlineatus Na 1 Na Birds i Ground dove Columbia passanns Na I Na i Mocking bird Mimus polyglottos Na nla Mouming doves Zenaids macmurn Na Na Wwd%PRJ DocumentsTrontier Development Property,FA 3 Table 1 (Continued) f Mammals Nine bandad armadilb Dasypus novemcnctus ! n/a I Na Gray squirrel Scrurus carolinensis n/a n/a Dldal hl—s v urgln—lan a Na Raccoon Procyon _.._a - --{ rotor Na Na i Amphibian a a- Oak load Bulo quercrcua N Na E = Endangered SSC = Species of Special Concern T= Threatened n/a = Not Listed Since no animals or signs of animals were observed on this urban parcel, a detailed budget, cost estimate or action plan should not be required for the City of Dania Beach. CONCLUSION This site is located in a highly developed urban area. The high infestation of invasive vines and exotic plants has reduced the native habitat, making it difficult for any animals to exist. It is also difficult for animals to access the property due to a 6' high chain link fence that surrounds the parcel. Most species of animals would not be able to satisfy their range requirements on this small urban parcel. No standing water is present on the property or nearby. Fresh water is essential for most mammals and many species need water to drink and forage for food. Others animals such as amphibians require standing water to complete part of their life cycles. No rare, threatened, endangered or species of special concern as listed by the Florida Department of Agriculture, the Florida Game and Fresh Water Commission (FGFWFC), and the U.S. Fish and Wildlife Service (USFWS) were observed on the property. No wetlands were observed on the site and confirmed by Broward County Environmental Protection Department (BCEPD). The habitat value is rapidly diminishing due to the extensive infestation of exotic vegetation and the deterioration caused by development in the surrounding area. No portions of the property appear to be environmentally sensitive. Word1PR1 DocumentsTronder Develcpment Property,PA 4 ITEM 11.1 WAS HEARD AFTER ITEM 5.6. ITEM 5.7 WAS HEARD AFTER ITEM 11.1. 5.7 Broward County Land Preservation Program. Laurence Leeds, Growth Management Director, explained that the City was presented several sites by Broward County on June 16, 2001, as a result of the Broward County Land Preservation Bond Program. Broward County requires confirmation from the City on whether it would be willing to assume management responsibilities of Sites 137, 299A and 143. Mr. Leeds provided drawings and described the location of each site. Scott Parker, Broward County Department of Planning, was present to advise the City Commission that Broward County would attempt to acquire the sites and provide 15% of the purchase price to cover initial restoration and stabilization of the site. Once a willing seller is attained, appraisals of the property would be conducted. Mr. Parker stated that the City needs to confirm whether or not they wish to assume the ongoing maintenance of the properties should Broward County acquire the lands. Site#137(6 acres) Randy Wilkinson, Parks & Recreation Director, advised that Site 137 could be used as a passive park and would require basic maintenance costs on the City. Commissioner Bertino expressed concern for security of a wooded site and City Manager Pato advised that he would request BSO to patrol the area. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, to assume site management responsibilities of Site 137. The motion passed on the following 3/1 roll call vote with Commissioner Mikes being absent: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-no Mayor Flury-yes Site#299 A(1.88 acres) Laurence Leeds advised that 299A was previously owned by the Audubon Society and that Site 299E was approved for a hotel development. Mr. Parker advised that sites are only pursued as long as there is a willing seller and that 299A and 299E are close to other sites to the southeast that Broward County is attempting to acquire. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, approving the acquisition and management responsibilities of Site 299A. The motion passed on the following 3/1 roll call vote with Commissioner Mikes being absent: Commissioner Bertino-yes Vice-Mayor Chunn-yes MINUTES CITY OFDANIABEACH 5 JANUARY2$ 2002 Commissioner McElyea-no Mayor Flury-yes Site#143A (10 acres) Commissioner McElyea suggested that the parcel would be a good location for a park for the residents in the newly annexed area. Commissioner Bertino clarified with Mr Parker that the entire 10 acres would be acquired by Broward County or Broward County would not pursue the site. A motion was made by Commissioner Bertino,seconded by Commissioner McElyea, approving the acquisition and management responsibilities of Site 143A. The motion passed on the following 4/0 roll call vote with Commissioner Mikes being absent: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes 6. PROCLAMATIONS: 6.1 Proclamation declaring January 23, 2002, "South Florida Senior Games Day" in the City of Dania Beach. City Manager Palo read the proclamation in its entirety. ITEMS 7.4 AND 7.7 WERE PULLED FROM THE CONSENT AGENDA. 7. CONSENT AGENDA(INCLUDING EXPENDITURES): Bills 7.1 Approval of bills for the month of November, 2001. Minutes: 7.2 Approval of minutes for January 8, 2002, regular meeting. Travel Expenditures: None Resolutions: 7.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 2001-125, WHICH RESOLUTION AMENDED ITS GENERAL FUND BUDGET FOR FISCAL YEAR 2000-2001, BY REDUCING CERTAIN REVENUE ESTIMATES AND BY BORROWING $750,000 FROM THE WATER FUND AND $750,000 FROM THE SEWER FUND, SO THAT THE LOANS OF $750,000 FROM THE WATER FUND AND $750,000 FROM THE SEWER FUND TO THE GENERAL FUND ARE RECLASSIFIED AS INTERFUND TRANSFERS, PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE . MINUTES CITY OF DANIA BEACH 6 JANUARY 22, 2002 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT -- - — -----____ ROUTING SHEET Route Date �rri2nooi !.i:r. . J,. r 9 Project OAKBROOK INVEST ..'��I 2 J ��l)� Z Log PL•3l-07 3 REALTY LU•37-07 PLATA AND USE AMENDMENT-- ( Folio 5042330ppg30 - PLEASE I Eyy THE ABOVE REFERENCED p = COMMUNITY pEVELOPMISS DIRECTOR'S STAFF RECOMMENDATION 0 THE PUl i BOARD AN 0 CITY COMMISSION, JEC FOR COMMENT THANK YOU. 0 BE INCORPORATED IN THE Route via. NNING AND ZONING Mail❑ (� re Marshal❑ Pick Up L Fire In-house ❑ r Public Services Landscape❑ 7... Planner❑ aS0❑ Other Consultants �CGA Approved as submih -.• .. ,. . . -« . Comments must address prior ,-, - Denied to PZ/Commission hearing Approved w/conditions � °K�.►�Ctpt List Conditions T L Signal 9 "� cE:.40 �• r l A.)(r` A Date Print Name �n�•d�� 0 X Calvin, Giordano & Associates, Inc. EXCEPTIONAL 5 0 L U T I O N S June 25, 2007 Mr. Dominic F. Orlando, P.E. Public Services Director City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 RE: Plat Review—Oakwood City of Dania Beach Ref.: PL-36-07, LU-37-07 CGA Project# 97-1826.58 Dear Mr. Orlando, We have no objection to the proposed plat and land use amendment. We have provided a checklist of our engineering site plan requirements for the applicant's reference and perusal. Please let us know if you have any comments or questions. Calvin, Giordano and Associates, Inc. is an independent reviewing entity and has no financial or professional interest in this projector with the entity making this site plan application. Sincerely, Engineering construction Engineering CALVIN, GIORDANO & ASSOCIATES, INC. Municipal m ' ipal E W Invp ✓�� � /�- Numcipal E3agineenng (/ /- portation Planning & Traffic Engineering Surveying& wh aping John Messerian, P.E. Planning Director, Municipal Engineering Landse:ape Architecture & Environmental Services Construction So"ices I concur with the above noted comments. Indoor Air Quality Data Technologies & Development Dominic F. Orlando, P.E. Emergency Management blic Services Directo ///1/ Services / V Signature Date Eller Drive,Suite wo Fort Lauderdale, FL 13 116 Phone:954.921.7781 Fax: 954.921.8807 vvwvv.c alv in-Aiorda no.cum Fort Lauderdale west Palm Beach Orlando Fort Pierce Home,tead City of Dania Beach Ref. No.P1-36-07 LU-37-07 DEVELOPMENT REVIEW COMMITTEE CHECKLISTS ENGINEERING REVIEW The following is a list of standard site plan requirements that are reviewed by the City of Dania Beach Public Services Department. This list is intended to give general guidelines only and is not to be considered all-inclusive. Depending upon the development additional items may be required. Site plan submittals without the following minimum criteria will be returned to the applicant without a complete review being performed thus resulting in additional delays to the site plan approval process until the information is provided. Project Information Project Name: Oakwood Project Address: NE corner of Stifling Rd amd SW 181"Avenue, Dania Beach Name of Owner: Oakbrook Realty& Invest, LLC Name of Applicant: Keith M. Poliakoff, Esq. Applicant's Address: 3111 Stirling Road, Fort Lauderdale, FL 33312 Contact Number: 954-985-4183 Submittal Requirements i ❑ A recent survey prepared by a Florida registered land surveyor, reflecting existing natural features, such as topography, vegetation, existing paving, existing structures, and waterbodies. Site information should contain legal description, including section, township, and range. Site boundaries shall be clearly identified, and ties-to-section corners. ❑ Stormwater Calculations and copy of previous permits from SFWMD or other agencies, if any. ❑ An application for final site plan approval which abuts a State Road shall be accompanied by a valid Pre-Application approval letter from the Florida Department of Transportation. ❑ Soils Report ❑ Lift Station calculations, if applicable. ❑ Utility agreement for water and sewer line extension, if applicable. ❑ Complete set of Civil Engineering plans as described below. Existing Site Conditions/Topographic Survey ❑ Provide a north arrow with reference and an engineering scale 1"=200' max ❑ Show all property boundaries with linear bearings and distances, curve boundary information and the building setbacks. ❑ Show all existing property lines, which are to be removed and label them appropriately. ❑ Show all adjacent parcels with the graphical angle of departure of adjacent property lines. ❑ Show all building and structures and label current use/facility name and finished floor elevation. ❑ Show all pavement, parking, and driveway access points on the property. ❑ Show all walkways/sidewalks/handicap ramps both adjacent to the development and opposite any existing roadways or intersections. ❑ Show all adjoining streets and alleys with names, rights-of-way and pavement widths ❑ Show all water lines, sanitary water lines, services, cleanouts, valves, hydrants within 100 feet, water meter vaults, backflow preventers, storm sewer systems, catch basins, headwalls, junction boxes, other structures, ditches and swales. ❑ Show and label all easements, both public and private with location and width. Define all easements by centerline bearings, distances and ties to property corners or page book and deed reference. Site Plan Sheet ❑ Clearly distinguish graphically between existing features and proposed features. ❑ Show all proposed property lines. ❑ Show all areas to be dedicated or reserved for public or private use and define with property lines or easements. ❑ Show all building setback lines. ❑ Clearly define the footprints of proposed buildings. ❑ Define with details typical cross-sections for all proposed public or private streets/alleys. ❑ Details should include typical pavement structure, size and type of curbing, shoulders, sidewalks, pavement widths, and right-of-way widths, as applicable. ❑ Internal traffic circulation, including directional arrows, and signs to direct traffic flow. Locations of all parking and loading areas. ❑ Show location of traffic control signs and pavement markings. ❑ All adjacent rights-of-way, with indication of ultimate right-of-way line, center line, width, paving width, existing median cuts and intersections, street light poles and other utility facilities and easements. ❑ Typical cross-section of proposed construction. ❑ Show all internal sidewalks and provide handicap ramps per ADA and FDOT standards. Show ramp details. Paving, Grading, and Drainage Plan Sheets ❑ Provide preliminary grading plan. ❑ Provide preliminary storm drainage layout plan, which shows basic drainage locations with indicative pipe and structure sizes. Location of all drainage features, and retention areas, if any. ❑ Provide preliminary storm drainage easement sizes and locations, if applicable. ❑ Provide typical sections for proposed surface drainage (ditches, swales, retention/detention areas, etc.) ❑ Provide finished floor elevations for all structures (building, concrete pads, pump stations, etc.) ❑ Geometry of all paved areas including centerlines, dimensions, radii and elevations. Pavement materials. Utility Plan Sheets ❑ Existing and proposed fire hydrant locations, fire lanes and fire department connections. ❑ Designate the location of all proposed connection to water and sewer mains. ❑ Show all water and sanitary sewer easements (combined easements are not allowed, but overlapping easements are acceptable) ❑ Show all valves, manholes, sewer cleanouts, hydrants, meters and sizes. Sewer cleanouts in traffic areas shall be labeled as traffic bearing cleanouts. ❑ Show all backflow prevention devices. ❑ All food service dumpsters and compactors are required to have drains to a sanitary sewer. Reviewed by: John Messerian, P.E. Director, Municipal Engineering Calvin, Giordano & Associates Concurred: Dominic Orlando, P.E. Director of Public Services City of Dania Beach, FL CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT — .-- — ----_--- ROUTING SHEET Route Date ` dII2/21707! to L ul:�l917 PZ Log _—E-0 -_- +� Protect OAKBROOK INVEST6 R - - g P1-3 EALTY— 7 - -- - PLAT/LANDUSE AMEND JLi� ,� 2007 ;LU-37-07 Q' �- --- MENT PLEA IEW SE REV THE Folio 50g233ppp630 COMMUNITYDEVTHE ABOVE REFERENCED c BOARD ENT DIREC ISS AND CITY COMMISSION. THANK OU. TO BE INCORPORATED u1 THE PLANNING ND ZONING Route Via: Mall Pick UP Fire Marshal 've In-house Ef Public Services L Landscape 1.-� �Jc+ .._ ,�[�S ,�-•--,,,,. ...,._<, .,. .... . .. .. Planner U `. , Other Consultants Cr,,q Approved a Aps submitted Comments Denied!� to PZ " must address Pryor /Commission hearing APProved W/conditions List Conditions $$Signature (o%2/� Date Print Name x X i CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET Route Date Project 'OAKBROOK INVEST 6 REALTY JLy , 1t°07 -- _ PLAT/LAND USE AMENDMENT 0110 '504233000930 Fannin -� PLEASE REVIEW THE ABOVEREfERENCEDPR EA - ---------_J COMMUNITY DEVELOPMENT DIRECTOR'S STAFF HCT f E T BOARD AND CITY COMMISSION.THANKY U. �---� E INCN�OON RPPGOO ANDD ZOI GE �, OMM iRoute Via; Mall ❑ Fick Up LJ In-house Fire Marshal ❑ Landscape BSO ❑ Public Services Planner Other Consultants nCGA Approved as submitted 1 -- - - - -.� Denied Comments must address prior , to PZ/Commission hearing Approved w/contlitions List Conditions t_'Urv1 ✓n�.�fsc� Signature (?Ak v 0� 0-7 Date Print Name 9C X Oakbrook Investments— PL-36-07/LU-37-07 6-12-07 Corinne Church, (954)924-3704 ZONING REVIEW 1. Incomplete information was provided, therefore additional review and comment will be provided by staff at time of further review of this project. act on hts trehalf tFSdr-6for�, I�f c mspondence wi4 be directly.V Wi-tha.proper4L4waa llpjess author gatiom is 3. Must provide Broward County plat comments prior to the first public hearing. 4. Must obtain tree removal permit prior to any trees being removed or relocated. 5. Provide copy of proposed plat showing property lines, utility easements, NVAL, roadway dedications, note restrictions, etc. June 13, 2007 'Juu 2 s zoo�i' Ms. Corinne Lajoie, AICP c/o City of Dania Beach Community Development Department 100 West Dania Beach Boulevard Dania Beach, Florida 33004 RE: Folio No.: 504233000630 Dear Ms. Lajoie: This letter is to certify that Keith Poliakoff and Neil Schiller of Becker&Poliakoff, P.A., are authorized to make any and all applications to the City of Dania Beach, Florida and Broward County, Florida regarding the property referenced above. I am a duly authorized officer of Oakbrook Realty and Investments, LLC. Please feel free to contact me if you have any questions. Sinc erel e, o'ert /,ch Sr.��� LI B,L'acz Lcic�r-x Sign Name of Notary Public Print Name of Notary State of FIcr, 4 t , C J ,.f7 YS n.l:.. 1 Commission Expires: 0/0 PTL D13 10544861 „ LAURA S.DURBIN MY COMMISSION I DD 506137 Q V \ EXPIRES:Apo 17,2010 NEB BMW lhu NOWT RNo u,*, ,q City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 General Development Application ❑ Administrative variance ©- Assignment ofFlex/Reserve Units /Land Use Amendment r� Plat ❑ Plat Delegation Request ❑ Rezoning �4 Date Rec'd: �� o ❑ Site Plan p �� Cl Special Exception JA 1 1 200 Petition No.: ❑ Special Request ❑ Trafflcway Waiver j7r� ❑ Variance I '< ` f17$t1t ❑ 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 Clty's Building Department. Location Address: Lot(s): Block: Subdivision: Recorded Plat Name: Folio Number(s):504233000630 Legal Description 33-50-42 W 1/2 of SW 1/4 of SW 1/4 of SE 1/4 Less PT IN OR. 3760/15 and Less revised Stirling Road R/W Applicant/Consultant/Legal Representative (circle one) Keith M. Poliakoff, Esg. Address of Applicant:3111 Stiilinz Road Fort Lauderdale FL 33312 Business Telephone: 954-985-4183 Home: Fax: 954-985-4176 Name of Property Owner: Oakbrook Realty & Invest LLC Address of Property Owner: 1000 Royce Blvd. , Oakbrook Terrace, IL 60181 Business Telephone: 305-692-9992 Home: Fax: 305-692-3032 Fxpianation of Request: Please see attached. — Prop. Net Acreage: Gross Acreage: 1.74 Prop. Square Footage: 16,000 Existing Use: Vacant Proposed Use: Retail Is property owned Individually, by a corporation, or a joint venture? corporation I underst d that site plan and variance approval automatically expires within 12 month i fission approval ursuant to Ordinance No. 2005-040. plica wnerslgnature Print Name Date Ap�� TF�Q[ISli.I,ZpN ,._QR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE.______ Swom to.and subsc llbed before me AppllwnVConsultanURepresentaUve: This 4f -day of 20-q Signature:' Date:&/-2 7 Sign Na, DRD&970� (Print Name) State of{ Pebtwy e,201t Keith M. Poliakoff, Esq. twnMrww....po-�rms Becker&Poliakoff,P.A. 3111 Stirling Road Print Name of Notary Fort Lauderdale,FL 33312 Phone: (954) 985-4183 Fax: (954) 985-6814 Commission Expires: 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 (ApplicanVConsultant/Representative) to make and Nle 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 that I, as a duly authorized officer, have authorized (Appllwnr/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: OAKBROOK REAL7 6 INVESTMENTS, LLC This_-L day of 20 07 Signature: r Date: �1 (Print Name) Ign Name of Notary Public (Print Title) State of(F. oX < .4) f�? Pr t Name of Notary Street Address, City, State and Zip Code Janet a Ries C ��t— Telephone No. &Fax No. Se Expires November 21,2007 •" euNp T'"F*-ku.e.hn a 3W7011 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 (Appllwnt/Consuitant/Representattve) 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. Emerald a Corporate Park 3111 Stirling Road Fort Lauderdale,Florida 33312-6525 B�F�tC:I<ER/��� ' Phone: (954)987-7550 Fax: (954)985-4176 PVLI A �`r-xF t US Toll Free: (800)432-7712 V i1 J I Mailing Address: P.O.Box 9057 II'' Ft.Lauderdale,FL 33310-9057 ADMINISTRATIVE mQ '• ' Sr� Reply To: 3111 STIRLING ROAD June 11, 2007 � 7iJ Fort Lauderdale FORT LAUDEROALE.FL 33312 �L1 Nell M.Schiller,Esq. BOO.Ajl.7J11 U.S.TOLL FREE. 1 J�IY 1 1 9i9o� Direct dial: (954)995-4117 CU NSchiller@becker-pollakoff.com WWW.BECKER-POLIAKOFECOM I BP®BECKER-POLIAKOFF.COM I;t� BY HAND 7cat Ms. Corinne Church The City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 Re: Land Use and Plat Applications for folio #504233000630 Dear Ms. Church: FLORIDA OFFICES BOCA RATON I am pleased to present a land use amendment and plat applications for the FORT MYERS property that corresponds to folio #504233000630, located in Dania Beach, FORT WALTON BEACH Florida. Included in our application is the following: BOLLY'N000 HOMESTEAD • Dania Beach General Development Application—Completed LARDD • Narrative that supports the application .``BOURNE' • Necessary traffic studies (Sections F — Transportation and G — Mass L`AMI Transit) NARLES • A copy of a water—wastewater request from the City IRLr1N00 • Broward County Environmental Protection Department (EPD) wetlands APASUTA letter TAIIAHANSEE • ALTAJACSM Land Title Survey .1ENT:ALM BEACH • Proposed plat pages for the property AFFILIATED OFFICES • Conceptual site plan for the property BEI,I16 • Opinion of Title for the property IRANKFURT IF Check #11064 totaling $5,065.00 for the land use amendment application FN I.IK fee HAu.E AT Check 411065 totaling $3,192.50 for the plat application fee TEL AVIV Please contact me if you have any questions or require more information. We look forward to working with you on this very exciting project. LEGALAND BUSINESS STRATEGISTS VEmIERS NF CONSULEGIS AN NTERNATIONALANSOCIATINN 01 LAN NINI 4N0 NFTWORK OF LEAOIHG LAW FIRMS Ms. Corinne Church June 11, 2007 Page 2 Best regar Neil M. Schiller Attachments FrL DB: 10540151 C I T Y OF D A N I A B E A C H . .�r f PROJECT SUMMARY for FRONTIER DEVELOPMENT ';; 'ylir BACKGROUND The subject property encompasses 1.74 acres and is located on the northeast corner of Stirling Road and Southwest 18 Street in Dania Beach. There are no improvements on the property, which consists mainly of trees. The land use of the property is "Parks and Recreation" and the zoning of the property is "Broward County Agriculture -1" (A-1). The property is not platted. REQUEST • The Applicant seeks to develop the property into a 17,000 square-foot retail facility. In order to do this,the Applicant must plat the property, change the land use to "Commercial"and rezone the property to Commercial-2 (C-2). JUSTIFICATION STATEMENT The commercial real estate market in South Florida continues to remain active, despite the residential market's cooling. The University of Florida Bergstrom Center for Real Estate Studies released its first quarter Survey of Emerging Market Conditions, which indicated that, "cap rates are expected to rise for strip centers," and the survey identified strip centers as the type of property receiving the most attention from investors.' Further, real estate expert Lewis Goodkin wrote, "for the first time in Florida history, residential developers had outbid the commercial sector for prime parcels. Now, the state's healthy job market and a shortage of new commercial construction are spurring a commercial construction boom in many markets."z The subject property has not been developed despite the number of trees that are located on the property. There has been a substantial change in the area since the subject property was initially zoned and classified for land use. The area's largest commercial center, Oakwood Shopping Center, was developed in 1988, almost twenty years ago. The parcel directly west of the property has a drive-through fast-food restaurant operating on it and the parcel directly east of the property has an industrial use. The highest and best use for the property would not be agriculture as it is too small to pursue that activity, nor would a park be the highest and best use as there are no residents in a reasonable proximity to the property. The proposed commercial use the Applicant seeks would not only be compatible with the existing surrounding land uses, but would be the highest and best use for the property. ' http://www.cba,ufl.edu/fire/dots/CRES/survey/mkt_browardcounty.pdf 2 http://www.flondatrend.com/article.asp?alD=I891246.8141583.593541.1613271.4596033.482&aID2=45648&pare ndD=45645 PROPOSED DEVELOPMENT The Applicant seeks to build a two-story, 17,000 square-foot retail facility. It is envisioned that the first floor would consist of retail space and the second floor would consist of office space. Access to the retail center would be from Southwest 18`" Street, so as to not disrupt traffic on Stirling Road. JMcM-AHON ,M „ CIATES, INC. 6360 NW 5'"Way I Suite 301 1 Fort Lauderdale, FL 33309 p 954-771-0776 I f 954-771.1754 ' • ' • www.mcmtrans.com PRINCIPALS Joseph W.McMahon,P.E. Rodney P.Plourde,Ph.D.,P.E. May 15, 2007 \ r,-,}/(�'"`( -, -,.ir i Joseph J.DeSantis,P.E.,PTOE I A} Il 1i ( l John S. Steffens a William T.Steffens ASSOCIATES JUN 111007 Casey A.Moore,P.E. Gary R.McNaughton,P.E.,PTOE Mr.Troy A. Holbrooke, John J.Mitchell,P.E. Director s n + J Christopher J.Williams,P.E. Frontier Development, LLC `2 it run ial t John F.Ya Thomas P.E. s A.Hall 2627 N.E. 203rd Street-Suite 216 Miami, FL 33180 RE: Stirling Road at SW 18th Avenue Task 1 -Land Use Plan Amendment McMahon Project No.: L07196.01 Dear Mr.Holbrooke: McMahon Associates, Inc. (McMahon) is pleased to provide the responses to Sections F, Transportation, and G, Mass Transit, for the Land Use Plan Amendment application of the reference project. Should you have any further questions, please do not hesitate to contact me. Sincerely, 4L&4 Thomas A. Hall Associate and General Manager- Fort Lauderdale TAH/JWM/APR;pg F:\FL\07196L\07196L 01\Admin\Task I-Land Use Plan Amendment and Zoning Change.doc MA Boston PA Fort Washington I Exton I Mechanicsburg NJ Yardville 1:1- Palm Beach Gardens I Fort Lauderdale I Fort Myers I Miami CELEBRATING 30 YEARS OF EXCELLENCE F. TRAFFIC CIRCULATION ANALYSIS Identify the roadways impacted by the proposed amendment and indicate the number of lanes, current traffic volumes, adopted level of service (LOS) and current LOS for each roadway. The project site is located on the northeast comer of SW 18"'Avenue and SR 848/Stirling Road, in the City of Dania Beach, Florida. The project site is currently zoned as Broward County Agriculture (A-1). The land-use designation for the project site is Parks and Recreation on the City and County land-use plans. The proposed land use designation is Commercial. Broward County Planning Council, Land Use Plan Amendments (LUPA) must examine all roadway links where the project trips are equal to or exceed three percent of the capacity of the roadway. Therefore,a trip generation analysis was performed for each of the permitted land uses, per the City code to determine the trip generation for the maximum-allowable development under the current zoning designation (i.e., Agricultural, A-1). Appendix F contains a copy of the City permitted land uses for the project site (section 39-248)and Plot area coverage(section 39-253). Furthermore, the net difference in trips between the maximum-allowable development under the current land-use designation and proposed land-use designation for the project site was calculated for AM peak-hour, PM peak-hour and daily traffic conditions. The results of this effort are summarized in Table 1, Table 2 and Table 3, respectively. Appropriate rates and/or equations were utilized from the Institute of Transportation Engineers' (ITE) Trip Generation manual, T" Edition, based on criteria outlined in the ITE Trip Generation Handbook. Results from the trip generation analyses indicate that the proposed development is expected to generate 144 gross total AM peak-hour trips and 10 gross total PM peak- hour trips LESS than the maximum allowable development under the current land use designation. However,for daily conditions, the proposed use on the site is anticipated to generate 919 gross total daily trips above and beyond the daily trips generated by the maximum allowable development under the current land-use designation on the site. TABLE 1 AM PEAK-HOUR TRIP GENERATION ANALYSIS-BUILDOUT YEAR(2009) OAKWOOD CENTER LUPA AM PEAK HOUR MAXIMUM ALLOWED LAND USE Day Care Center 565 15,481 SF T-12.79 X 7(72) PROPOSEDUSES General Commercial 820 17,000 SF Ln(T).0.60 Ln(X)+2.29(61/39)NEr DIFFERENCE (])Sours Tnp Generation Manu.L 7th Edison utilized for Propmed U TABLE2 PM PEAK-HOUR TRIP GENERATION ANALYSIS-BUILDOUT YEAR(2009) OAKWOOD CENTER LUPA PM PEAK HOUR - CODE IN CUT TOTAL MAXIMUM ALLOWED LAND USE Da Carecenter 565 15,181 SF T=13.18(X) 96 108 204 PROPOSED USES General Commercial 820 17,000 SF Ln(T)-0.66Ln(X).3.40(48/52) 93 101 194 NETDIFFERENCE (3) (7) (10) (l)Souse:Trip Generation Manual,],1,Edition unli<N for Props dCue. TABLE 3 DAILY TRIP GENERATION ANALYSIS-BUILDOUT YEAR(2009) OAKWOOD CENTER LUPA DAILY MAXIMUM ALLOWED LAND USE Day Cam Center 565 15,481 SF T-79.26 613 614 1227 PROPOSED USES General Commercial 820 17,000 SF Ln(T)-0.65 Ln(X)v5.83(50/50) 1,073 1,073 2,146 Br DIFFERENCE 460 l59 919 (1)S m:TIpC eraflm Manual Ah Miam ufthu for Prupa U. A trip distribution analysis was performed for the proposed project development based on the existing roadway network located in the vicinity of the project. It was assumed that all project-related trips will arrive and depart via NW 18' Avenue. Based on a conservative trip distribution the project traffic was assigned to the roadway network as follows: • 92% of the project traffic will arrive from and depart to the west via Stirling Road • 7%project traffic will arrive from and depart to the east via Stirling Road. a 1% project traffic will arrive from and depart to the south via Oakwood Boulevard. One percent of the project traffic was assigned to Oakwood Boulevard to account for traffic arriving from and departing to the Oakwood Plaza. The Oakwood Plaza is a retail center located along Oakwood Boulevard south of Stirling Road. Trip assignment analyses were performed for daily and PM peak-hour conditions to determine the roadway segments with a minimum of three percent significance and are summarized in Table F-1 and Table F-2, respectively, located in Appendix F. As shown in Tables F-1 and F-2 there are no roadway segments where the project trips are equal to or exceed three percent of the capacity of the roadway for both daily and PM peak-hour conditions.Therefore, no further analyses were conducted. Identify the projected LOS for the roadways impacted by the proposed amendment for the short (Ove year) and long term (2030) planning horizons. Please utilize average daily and PM peak-hour traffic volumes per Broward County MPO plans and projections. There are no significant roadway segments impacted by the proposed amendment. Therefore,no further analyses are needed. Planning Council staff will analyze traffic impacts resulting from the amendment. You may provide a traffic impact analysis for this amendment - calculate anticipated average daily and peak-hour traffic generation for the existing and proposed land use designations. If the amendment reflects a net increase in traffic generation, identify access points to/from the amendment site and provide a distribution of the additional traffic on the impacted roadway network and identify the resulting LOS change for the short(five year)and long range(2030)planting horizons. Trip generation analysis was performed for AM peak hour, PM peak hour and daily traffic conditions for the maximum-allowable development under the existing land use designation and for the maximum-allowable proposed uses on the project site and are summarized in Tables 1, 2 and 3, respectively. Appropriate rates and/or equations were utilized from the Institute of Transportation Engineers' (ITE) Trip Generation manual, Th Edition,based on criteria outlined in the ITE Trip Generation Handbook. Results from the trip generation analyses indicate that the proposed development is expected to generate 144 gross total AM peak-hour trips and 10 gross total PM peak- hour trips LESS than the maximum allowable development under the current land-use designation on the site. However, for daily conditions, the proposed uses on the site are anticipated to generate 919 gross total daily trips above and beyond the daily trips generated by the maximum allowable development under the current land-use designation on the site. As previously mentioned, a trip distribution analysis was performed for the proposed project development based on the existing roadway network located in the vicinity of the project. It was assumed that all project-related trips will arrive and depart via NW 181"Avenue. Based on a conservative trip distribution the project traffic was assigned to the roadway network as follows: • 92% of the project traffic will arrive from and depart to the west via Stirling Road 7% project traffic will arrive from and depart to the east via Stirling Road. • 1% project traffic will arrive from and depart to the south via Oakwood Boulevard. One percent of the project traffic was assigned to Oakwood Boulevard to account for traffic arriving from and departing to the Oakwood Plaza.The Oakwood Plaza is a retail center located along Oakwood Boulevard south of Stirling Road. Trip assignment analyses were performed for daily and PM peak-hour conditions to determine the roadway segments with a minimum of three percent significance and are summarized in Table F-1 and Table F-2,respectively, located in Appendix F. As shown in Tables F-1 and F-2 there are no roadway segments where the project trips are equal to or exceed three percent of the capacity of the roadway for both daily and PM peak-hour conditions.Therefore,no further analyses were conducted. Provide any transportation studies relating to this amendment, as desired. The information provided in response to the preceding three items constitutes the entirety of the traffic analysis for this LUPA. G. MASS TRANSIT Identify the mass transit modes,existing and planned mass transit routes and scheduled service(headway)serving the amendment area within one-quarter of a mile. Broward County Transit routes 6, 12, and 16 currently serve this site. Additionally, the City of Dania Beach operates two local community routes in the vicinity of this site. Broward County Transit: Route 6 - This route mainly runs north/south between The Broward Central Terminal and County Line Road. The northern segment of the route was extended to the Broward Terminal replacing route 84. Buses provide two-way service between the Airport Tri- Rail Station and Stirling Road. The route operates seven days a week with 30 minute headways during the weekdays and Saturday and hourly headways on Sunday. The service runs from 5:15 AM to 9:55 PM on weekdays, 5:20 AM to 9:55 PM on Saturdays, and 9:05 AM to 8:00 PM on Sundays. Route 12 - This is a local route that provides service between the West Regional Terminal and the [North Beach Park. The route operates seven days a week with 45 minute headways during the weekdays and hourly headways during the weekend. The service runs from 6:00 AM to 8:00 PM on weekdays, 6:00 AM to 8:15 PM on Saturdays, and 10:00 AM to 7:45 PM on Sundays. Route 16- This is a new local route that operates between Stirling Road and Flamingo Road and the Dania Beach City Hall, with service to the Fort. Lauderdale-Hollywood Airport Tri-Rail Station,The route operates seven days a week with 30 minute headways during the weekday peak hours and hourly headways during weekday off-peak hours and during the weekend. The service runs from 6:00 AM to 9:45 PM on weekdays, 6:00 AM to 9:45 PM on Saturdays,and 10:00 AM to 6:45 PM on Sundays. City of Dania Beach Community Bus Service Dania Beach Community Bus - provides service between Dania Beach City Hall and NW 1^t & NW 14"h Avenue. The route operates Monday through Saturday with hourly headways from 9:00 AM to 5:40 PM. Broward County Transit Development Plan FY 2006-2010 Route 6 - This route is scheduled to have weekday and Sunday service expansion, Sunday headway improvements, and route realignment. Route 12 - This route is scheduled to have weekday, Saturday and Sunday service expansion,weekday and Saturday headway improvements,and route realignment. Broward County 2030 Long Range Transportation Plan Route 6 (Regular Bus) - This route is scheduled to have Sunday/Holiday headway improvements. Route 12 (Regular Bus) - This route is to provide service expansion from the current terminus at the West Terminal to Sheridan Street west of 172nd Avenue in the southwestern sector of the County. Quantify the change in demand resulting from this amendment. Change in Mass'rransit Deniand Permitted Use 1,227 X 1.23% - 15 I n s Proposed Use.. 2,146 X 1.23% 26 Tri s Change in Demand = 11 Trips Correspondence from transit provider verifying the information submitted as part of the application on items 1-2 above. Correspondence must contain name, position and contact information of party providing verification. Correspondent Information per attached letter Name: David Daniels Agency: Broward County Mass Transit Position: Principal Planner Ph: 954-357-8340 Fax: 954-978-1189 Address: 1100 Park Central Boulevard, Suite 300, Pompano Beach, FL 33064 Describe how the proposed amendment furthers or supports mass transit use. The commercial environment of the proposed project will create activity nodes which will enhance and support utilization of mass transit for employees, visitors and residents. F:\FL\07196L\07196L_Ol\Analyses\Section F AND may 17.dm ski;WAM - COUNTY OFFICE OF TRANSPORTATION —Servla Development 1100 P■rk Central Boukvand,SUNG 3500•Pompano Beards,Florida 33084 954-357-8340•FAX 954-978.1189 May 15, 2007 Adriana Rodriguez, McMahon Associates, Inc. 6360 NW 5" Way, Suite 301 Fort Lauderdale, FL 33309 RE: Stirling Road and SW 18"t Street 1.78 Acre Parcel, City of Dania Beach Land Use Plan Amendment - Verification of Transit Services Dear Ms. Rodriguez: Your correspondence dated, May 8, 2007, regarding the Stirling Road and SW 1810 Street 1.78 Acre Parcel - Land Use Plan Amendment, has been reviewed by Broward County Transit (BCT) for current and planned bus service. Fixed-route bus service to the amendment site is currently provided by: BCT Routes 6, 12, and 16, In addition, The City of Dania Beach Community Bus services this amendment site. Please see attached table for specific hours of service and frequency. BCT DAYS OF SERVICE HOURS OF SERVICE SERVICE FREQUENCY ROUTE A.M. -P.M. Monday-Friday 5:15a -9:55p 30 Minutes 6 Saturday 5:20a -9:55p 30 Minutes Sunday 9:05a -8:00p 60 Minutes Monday-Friday 6:00a -8:00p 45Minutes 12 Saturday 6:00a -8:15p 60 Minutes Sunday 10:00a - 7:45p 60 Minutes Monday-Friday 6:00a - 9:45p 36 Minutes 16 Saturday 6:00a - 9:45p 60 Minutes Sunday 10:00a - 6:45p 60 Minutes Dania Beach Monday-Saturday 9:OOa - 5:40p 60 Community Bus Minutes Browerd County Board of County Commisslonera Joeephua E99elleUon•Jr.•SIN GunrBwgv•Knalin D.Jacobs•Ken Keedrl•Ilan Llebeenan 1 SYac'Rlaer•John E.Roderam,Jr.•Dana WaaaarmetrRuNn•Loa We)dar www.broward.org Future route and transit improvements for the amendment area have been identified in the TDP (Transit Development Plan), and in the Broward County 2030 Long Range Transportation Plan (LRTP). The proposed land use plan amendment has a small impact in transit demand. Current and future transit should provide adequate capacity to meet the future services demands. Please call me at 954-357-8351, if you require any additional information. Sincerel , David Daniels 2 Principal Planner APPENDIX F TRAFFIC CIRCULATION ANALYSIS ��• 91 ��L/C 1�� eC��i�2���G FLORIDA February 22, 2007 File No: ZL-07-07 Becker Poliakoff Keith M. Poliakoff 3111 Stirling Road Ft. Lauderdale, FL 33312-6525 RE: Folio No. 504233000630. Dear Mr. Poliakoff: This letter is in response to your written request for information regarding the above referenced property currently zoned A-1. ZONING Broward County Agriculture A-1 LAND USE Parks and Recreation PARKING Parking requirements based on proposed use SETBACKS 50 feet from any lot line BUFFERS See Chapter 26 of the City Code HEIGHT 35 feet maximum DRIVE-THROUGH Not permitted in A-1. LOADING Based on proposed Agricultural-Use OPEN SPACE 40% IMPACT FEES See attached CURRENT MORATORIA None at this time PLATTED Platting required DEVELOPMENT PROCESS Based' on proposal for commercial/drive-through use, Platting, City LUPA, County LUPA, City Zoning Change, Special Exception, Variance, and Site Plan Review and approval required. TIME FRAME_ 1 - 2 ears due to platting/LUPA TREE MITIGATION See attached copy of City of Dania Beach Code of Ordinances, Chapter 26, and Article 26-11 through 26-29. "Broward's First City" 100 West Dania Beach Boulevard, Dania Beach,Florida 33004 Phone: (954)924-3600 wwwdaniabcachfl.gov CITY OBJECTION TO FDOT Contact Public Services Director at ACCESS 954 924-3740. ROW ISSUES Contact Public Services Director at 954 924-3740. UTILITIES AVAILABLE Contact Public Services Director at 954 924-3740. MASTER OR OFF-SITE DRAINAGE. Contact Public Services Director at 954 924-3740. There are no active code violations on the property at this time. For additional information regarding the fines or code violations please contact Code Compliance Office at (954) 924-3790. Your proposal requires several discretionary approvals, including City/County platting (re vehicular access), Broward County LUPA, as well as City LUPA, rezoning, special exception, variances, site plan review (discretionary in terms of variance and special exception) and tree preservation/relocation. As such, this letter does not confer any rights or approvals or any expectation of rights of approvals. This letter is intended only to provide information regarding the current zoning designation of the property, and is not intended to be a substitute for a comprehensive review of city codes and ordinances. You are advised to check all zoning and building code requirements prior to purchasing any property in the City of Dania Beach. If you have any further questions, please contact me at (954) 924-3704. Sincerely, Corinne Lajoie, AICP, Principal Planner APPROVED AS TO FORM Laurence Leeds, AICP, Director, Community Development Enclosures 1 39-24e BROWARD COUNTY CODE Agricultural, Estate and Rural Ranches land use designations of the certified Future Unincorporated Area land Use Element of the Broward County Comprehensive Plan with limited community facilities and utility facilities permitted to serve the neighborhood. (Ord.No. 1997-29,11.7.8-97;Ord. No.2000-36, 124, 8-22.00) See. 39.247. Agricultural zoning districts. The following shall constitute agricultural zoning districts for the purposes of this code: District 7ttle A 1 Agricultural Estate A-2 General Agricultural (Ord.No. 1997-29,11.7.8-97) Sea 39-M DenaltA No agricultural zoning district shall be developed to a density exceeding 1 dwelling unit per 2 net acres of plot area,except as provided in Section 39-251 of this article. (Ord.No. 1997-29.11,7-8-97) Sea 39.249. Uses permitted. Plot$in agricultural districta may be used for one or more of the following specified uses: Key to abbrsulatfons. P•Permitted NP.Not Permitted C a Conditional Permitted Uses A-1 A-2 1-family detached dwellings P P Nonprofit neighborhood social and recreational facilities P P Places of worship and accessory schools and day care centers PP PP Community residential facilities Crop raising and plant nurseries(commercial and noncom- P P mercial)with on-premises sales limited to crops or plants grown or cultivated on the plot where they are being sold, and related landscaping materials incidental to such sales P P Essential services p P Fish breeding(commercial and noncommercial) C C Outdoor events (subject to Section 39-238) P P Animals(subject to Section 39-245) P P Veterinary clinics(no overnight stay or animal runs) NP P Veterinary hospitals NP P Kennels, commercial boarding and breeding Permitted accessory uses to a 1•family duelling Detached guest house or servants'quarters (no kitchen) C C Yard sales supp.Na t CD39:138 ZONING 1 39-254 Permitted Uses A•1 A•2 Home offices Family day care homes C C Horse boarding stable P P Commercial equestrian operations P P P P Any other use naturally and customarily associated with any permitted use shall be considered accessory to the shove,provided the accessory use is clearly incidental to,subordinate to,and a to the permitted use it s ubserv{ent erves. (Ord. No. 1997.29,11,7-8-97,Ord. No. 199&39, 13,&22-99) Sea 39-230. Uses prohibited. Any(Ord Na 1 not 7.29 Perm tted in section 39-249 of this article is prohibited. Sea 39.251. Minimum plot dimensions. (1) Any plot in an agricultural district shall have at least one dimension of 260 feet, (2) Any plot recorded as a single plot is the public records of Broward Counts,Florida,as of December 31, 1999,or which becomes undersized or oversized due to a district or regulation change or due to any easement or right-of-way dedication or vacation, may be used for a permitted use subject to all other limitations and requirements of this code. (3) Any plot occupied or to be occupied for a permitted nonagricultural,nonresidential use shall be a minimum of two(2) net acres,except for wireless communication facilities. (Ord. No. 1997-29, 11. T11-97;Ord.No. 2000.36, 128, 8-22-00) See. 39.252. Maximum plot size for nonresidential and nonagricultural uses. All permitted nonresidential and nonagricultural uses shall be limited to plate a maximum of five(5) acres in net area. (Ord. No. 1997-29, 1 1, 7-8-97) See. 39.153. Plot coverage. The combined area occupied by all buildings and roofed structures shall not exceed twenty percent (20%),on portions of plots not occupied by a farm containing other than nonresidential farm and structures. buildings (Ord. No. 1997-29, 1 1, 7-8-97; Ord. No. 2001-18, 1 11, 8-22.01) Sea. 39.254. Height. No building or structure,or part thereof,excluding farm buildings and structures on portions of plots occupied by a farm, shall be erected or maintained to a height exceeding thirty-five(35)feet, except as permitted by section 39-103,exclusions from height limits, and section 39-102, wireless communication facilities. (Ord.No. 1997-29, 11, 7-8-97;Ord. No. 2000-36,.126, 8-22.00, Ord. No. 2001-18, 112, 5-22-01) Supp.Na t CD39:139 !, TABLE F-1 2099 DAILY PROJECT ASSIGNMENT OAKWOODS CENTER LUPA emlwr 6LD 49ND 39500 c 10% 9 00% No tl Awl9 Svon 6LD 490ND 395W D 10% 9 00% No La,00nflitaPaIRd 6LD 49" Am D 10% 9 am No P b m vn 6LD 49M Um D 10% 9 00% No mb vv 6LD 49,N0 43,OW D 10% 9 0.0% No so vab 6LD 493W Uwo 0 96.0% 4n3 0.9% No 51411n�Rd ysb 6LD 49,ND 4e,Wo D 93.0% Stl 1.AA No b 1 6LD 49ND Ww D 93.0% US 1.J% No SW IS tb SW 16 v M vewA9 6L0 49," U,SW 0 92.0% a4s 17% No SW U v n9R .^ ,W rym 6LD 49wo Um D TM 61 0.1% No rym lo P ^ 6LD 49,ND WIT D 6.5% 60 0.1% No PM,..Rmdb USl 6LD w,ND U,917 D 6.5% 60 0.1% No Nordilu.1M1 IM SM1eddA9 St IO Sl4Rn Rd 6u 182,6W 1e9,0W P 46.0% 4n 0.1% No S14UnSRd to Cal(Rn$Rd 6" 139,6W 9A3,0W P U.0% 414 0.1% No SWISA.N ".00d Slvd 9ouN of9WUnSM 4L 21,M0 1.0% 9 0.0% No USl SM1vddan Sl to SWDn Rd 4L 3l,ND 33,74I P 3.M W 0.1% No S14RnR Rd to Cdlfln$Rd 4L 3Z, 39,5W P 3R6% W 0.1% No V YLW IWL41196L 01Mna1wi4 GNIFCANT TABLES 0AM.v000S CENTER TABLE Fd 2009PM PEAK PROJECT ASSIGNMENT OAKWOODS CENTER LUPA k4rf Wn1 r• 6LD 4,60 3619 c 75% .1 on No uizr•ro1• Non 6LD 46k0 )616 c )5% 1 0011 No •Non O 6LD 4W 3616 C 75% 1 00% No n en w 6LD bW J930 D 90% l am No mro r• 6LD y6kp )93) D 90% -0 00% No 5WMASXdLy RA wb 6LD I J,9)0 D 5CA 3 4)1% No Rgrw- 6LD 4.6kt ],9311 D 5CLm 9 -02% No ro 6LD toot ]560 I C 0n 9 -02% No swllcftowwAri7 4<t rkwq 6LD 4,6ko 3,Sid C 9)0%. 9 4.2% No r•wry rym 6LD 46ko 1560 C 60% -1 00% No rym • pp4n a 6LD 4EE0 ]56p C 53% .1 0.0% No Flo'."al b U91 6LD I'm 1564 1 C 53% d 0.0% No NodR1SRoi1 1.95 9Aeddm 9lb StldlnR Rd 6U 1oSko 25,35o P 42.0% 00% No 9XdInR RAro CAfXypdI 6U took) 24.= P on00% NR SW 19 Ar4N)Awoo6 eM 9wNo19XdInEM IL ;OA 0% 0 00% No List5Mddae 9lb Srl 41. J,110 3,ikt B 205% 0 00% No 9WXnRpdb CdiXnRRd 4L J110 4,180 P ZoIm J O.a% No Y.'61b]ImL`0)19Q.01`A,WY .kS1GNiFlCANT TART CARWCCOS CENTER tl4 HSQ GROUP, INC. Consulting Engineers - Planners - Transportation 299 W.Camino Gardens Blvd., Suite 301 Boca Raton, Florida 33432 (561)392-0932 Phone - (561)392-2760 Fax April 18, 2007 (Vla Fax) Mr. Dominic F. Orlando, P.E., Director of Public Services CITY OF DANIA BEACH Public Works & Utilities Department 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Re: OAKWOOD HSQ Project Number. 0703-08 �Lu Location: City of Dania Beach, Broward County, Florida Section 33 /Township 50 South / Range 42 East Dear Mr. Orlando: Our office is working on a new project which is located within the City of Dania Beach. The developer is proposing to construct approximately 17,000 square feet of commercial retail space within a 1.78 acre site. The property is located at the northeast corner of the intersection of Stirling Road and Southwest 18'h Avenue. At this time we would like to request a water and sewer availability letter from your department for the above referenced property. Please include the following items in the letter: 1. Location and sizes of existing water mains, gravity sewer mains and force mains within the subject area. 2. Capacity issues and possible required upgrades regarding existing water systems, sewer systems and downstream lift stations. Attached you will find a copy of the location map and proposed site plan for this project. Thank you for your assistance in this matter. If you have any questions or require additional information, please do not hesitate to call our office. Sincerely, HSQ GROUP, INC. ntonio Quevedo, P. . Z:\ProJects\2007\0703-08 Oakwood Shoppes\Correspondence\070309-W&S Service Lettendoc III lilt ud, �-•now �— 1 ! # � a oil ' v oil it i� ! lit `n I f r JJ i 1 '3AV4191 'M'S } I I - - _ .................. ♦ I I I I I 1 1 � 1 � i I I i � i N a a C� 00 N Z W e) znZ WV UO Z\ F N W . I � I I I . I � I � I as IQ MNQ p I __ — . _ I _ _ 2 ZNVI Z I 3nN3nd H191 'M'S Z F-Z FO O Q�'~O Uu I I �N 0NZ J I S6-I I I I I I I N ? OV02i OOOMSN3nV?! io v �N WO I e� E IX JD ZM N z ® � P N U W N BK)�,'�IW COUNTY ENVIRONMENTAL PROTECTION DEPARTMENT—Biological Resources Divehn �I Mailing Address: 115 South Anamwa Avenue,Room A-240•For Lauderdale.Fords 33301 954-519,1230•FAX 954-519-1412 I May 31,2007 II Phillip R.limmsti&Associates,Inc. - C/o Ms.Karin L.Melton 12730 SW 12a Court Davie,Florida 33325 Re:Jurhdietional Determination,approx.1.74 acre site Folio No:504233000630 NE corner of SNding Road god SW 18'Avenue Section:33 Township:50 South Range:42 Eaat EPD File No. WD07044)06 Dear Ms.Melton: Based on information o.m�file with this office and a site visit conducted on May 9,2007 it was determined that,at this time,there sre no Deparnuem jurisdictional wedards on this site.This letter does not constitute a waiver of review by the Land Use and Permitting Division of this Department prior to construction or other activities. This determination was made according to the Natural Resource Protection Code definition of Rega/aeed Aquatic and Wetland Resources and Section 27-334(e),which incorporates the Welland delineation methodology ratified by the Florida Legislature and implemented in 62-340 F.A.C. to the event of a Conflict with a delineation conducted by the Florida Department of Environmental Protection or the South Florida Water Management District pursuant tD 62-340 F.A.C.the determination of said Agency will be the controlling delineation. This determination is valid for a period Of no more than two(2)years from the date of this letter. Removal of exotic vegetation would not require a permit from this agency. Other activities, e.g. lake or canal excavation,regulated under Article X]of the Natural Resource Protection Code,may require a license. The applicant is encouraged to contact the Department at the earliest convenient time to discuss licensing requirements. This letter does not constitute a waiver of review by the Development Management Division of this Department or the City of Phmtation prior to clearing and grabbing. Please be advised that you may also have wetlands and/or other waters of the United States on your property,which would require receipt of a Department of Army(DA)permit prior to any dredging or filling activities.Please be aware that receipt of a state or local government permit does not obviate the need to obtain a DA permit prior to commencing work.For mom information about the DA Regulatory Program,you may access the Corps.website at: hJrp9w11'n ea"' ce av rmUindex hrml You may also contact local Corps regulatory office for additional information atone of the following numbers:(561)472-3508,(561)472-3506 and(561)472-3317. If you have any questions,please contact me at the above address. Sincerely, 7p Li Stmderlarh Wetlands Resources Section CC: Frontier Development LLC,Owner Georgia Vince,DEP Barbara Commy,SF", D Leah Oberlin,ACOE Ivan Peto,City of Dania Beach roaerhW EWawki Jr.•sue CJiuhxger-"an 0.1 Snn Kme,N ntf•�aioMmunty Cminou"M "an' auan eew avaN.G9 ahq RAM•Jam E.Rndn.Jr.0'Waaapmen. .Lwe Werkr •. Lj cli LLI .V, is • , o '.g�.,� `I,ty y r „� • CY • • • LO • LLI f topix Back to ad Subject: PL-36-07 CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY Posted: 10 hrs ago Location: Fort Lauderdale, FL Event Date: 9/25/2007 Category: Public Notices Description: PL-36-07 CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held before the CITY COMMISSION, on TUESDAY, September 25, at 7:00 p.m., or as soon thereafter as possible in the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following request: Attorney Keith Poliakoff with the firm Becker& Poliakoff, representing the property owner Robert Krilich, Sr. of Oakbrook Realty & Investment, LLC., is requesting the following for property generally located at the Northeast corner of Stirling Road and Southwest 18th Street in Dania Beach: PL-36-07 - Perimeter Plat request for the "STIRLING ROAD PLAZA" Plat. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY ATTORNEY KEITH POLIAKOFF WITH THE LAW FIRM OF BECKER & POLIAKOFF, REPRESENTING THE PROPERTY OWNER ROBERT KRILICH, SR. OF OAKBROOK REALTY & INVESTMENT, LLC., FOR THE "STIRLING ROAD PLAZA PLAT", SUCH PROPERTY BEING GENERALLY LOCATED AT THE NORTHEAST CORNER OF STIRLING ROAD AND SOUTHWEST 18TH STREET, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE "STIRLING ROAD PLAZA PLAT` PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Legally Described as: A Portion of the West 1/2 (W 1/2) of the Southwest 1/4 (Sw 1/4) of the Southwest 1/4 (Sw 1/4) of the Southeast 1/4 (Se 1/4) of Section 33, Township 50 South, Range 42 East, Broward County, Florida, being more particularly described as follows: Commencing at the Southwest Corner of the Southeast 1/4 (Se 1/4) of said Section 33; Thence North 00 Deg 43 Min 45 Sec East on the West Line of said Southeast 1/4 (Se 114), a distance of 73.88 feet of the Point of Beginning; Thence continue North 00 Deg 43 Min 45 Sec East on said West line 181.94 feet to the Westerly prolongation of the most Westerly South line of"Hilton Gardens at Stirling Road" according to the Plat thereof as recorded in Plat Book 171, Page 16, of the Public Records of Broward County, Florida; Thence North 79 Deg 36 Min 25 Sec East on Said Westerly prolongation and said most Westerly South Line 171.84 feet; Thence continuing on the South line of said "Hilton Gardens at Stirling Road" North 83 Deg 06 Min 46 Sec East 168.05 feet to the Southeast corner of said "Hilton Gardens at Stirling Road", said point being on the East line of the West 112 (W 1/2) of the Southwest 1/4 (Sw 1/4) of the Southwest 1/4 (Sw 1/4) of the Southeast 114 (Se 1/4) of Section 33, Township 50 South, Range 42 East; Thence South 00 Deg 48 Min 44 Sec West on Said East Line 254.04 feet to the intersection with the North Right-Of-Way line of Stirling Road as shown on Miscellaneous Map Book 5, Page 21, of the Public Records of Broward County, Florida; Thence North 89 Deg 59 Min 21 Sec West on said North Right-Of-Way line 193.58 feet; Thence on the North Right-Of-Way line of said Stirling Road as shown in Official Records Book 23584, Page 103, of the Public Records of Broward County, Florida the following three (3) courses and distances; 1) North 85 Deg 19 Min 40 Sec West 26.60 feet to the intersection with the arc of a curve concave Northerly whose radius point bears North 00 Deg 42 Min 03 Sec East; 2) Westerly on the arc of said curve having a radius of 2245.34 feet, a central angle of 2 Deg 38 Min 12 Sec and an arc length of 103.33 feet; 3) North 36 Deg 38 Min 09 Sec West 18.81 feet to the Point of Beginning. Said lands situate, lying and being in the City of Dania Beach, Broward County, Florida containing 76,849 square feet (1.7642 Acres.) Copies of the proposed request is available for viewing in 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 September 17, 2007 South Florida Sun-Sentinel ad id: 13335249 Publication date: 9-17-2007 CITY OF DANIA BEACH Agenda Item # /• / Agenda Request Database Date of Commission Meeting: 9-25-2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑X Award Bid IRFP ❑ Presentation ❑ Continued from: ORDINANCE NO.2007-023-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 ATTORNEY KEITH POLIAKOFF WITH THE LAW FIRM OF BECKER&POLIAKOFF,REPRESENTING THE PROPERTY OWNER ROBERT KRILICH,SR.OF OAKBROOK REALTY&INVESTMENT.LLC..TO REDESIGNATE FROM'PARKS AND RECREATION'TO'COMMERCIAL'CERTAIN PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF STIRLING ROAD AND SOUTHWEST 18TH STREET,DANIA BEACH AND LEGALLY DESCRIBED IN EKHIBIT'A',A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS:PROVIDING FOR SEVERABBITY;FURTHER.PROVIDING FOR AN EFFECTIVE DATE. w r Pnrcha$itt._guestsONLY Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary ExplanationlBackaround s LU-37-07: The applicant, Keith M. Poliakoff, Esq., on behalf of the propoerty owner Oakbrook Realty & Investment, LLC., is requesting a Future Land Use Map Amendment for the property located at the north east corner of Stirling Road and SW 18th Avenue. FrgCal rm�arr ccost su ."� Ordinance Staff Report Application Public Hearing Notice Location Map Mailing List Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by LOU ANN CUNNINGHAM Date 09/18/07 Department Director Laurence G. Leeds, AICP Date 09/18/07 Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date User Creating Item Item Name (do not use/or\in name) LouAnn Cunningham OAKBROOK LANDUSE 2ND READING Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2007-023 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 ATTORNEY KEITH POLIAKOFF WITH THE LAW FIRM OF BECKER & POLIAKOFF, REPRESENTING THE PROPERTY OWNER ROBERT KRILICH, SR. OF OAKBROOK REALTY & INVESTMENT, LLC., TO REDESIGNATE FROM "PARKS AND RECREATION" TO "COMMERCIAL" CERTAIN PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF STIRLING ROAD AND SOUTHWEST 18' STREET, 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, Attorney Keith Poliakoff with the law firm of Becker & Poliakoff, representing the property owner Robert Krilich, Sr. of Oakbrook Realty & Investment, LLC.,has made an application to amend the local future land use plan for property generally located at the northeast corner of Stirling Road and Southwest 18`h Street in Dania Beach; and WHEREAS the CityCommission desires to approve such application; PP 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 "PARKS AND RECREATION" FO "COMMERCIAL" CERTAIN PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF STIRLING ROAD AND SOUTHWEST 18... STREET, 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 City 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 September 11, 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 2 ORDINANCE#2007-023 EXHIBIT 'A' Legal Description: i A Portion of the West h (W ,z) of the Southwest /. (Sw /.) of the Southwest /< (Sw /<) of the Southeast ''/4 (Se %4) of Section 33, Township 50 South, Range 42 East, Broward County, Florida, being more particularly described as follows: Commencing at the Southwest Corner of the Southeast '/4 (Se '/4) of said Section 33; Thence North 00 Deg 43 Min 45 See East on the West Line of said Southeast '/4 (Se '/4), a distance of 73.88 feet of the Point of Beginning; Thence continue North 00 Deg 43 Min 45 Sec East on said West line 181.94 feet to the Westerly prolongation of the most Westerly South line of"Hilton Gardens at Stirling Road" according to the Plat thereof as recorded in Plat Book 171, Page 16, of the Public Records of Broward County, Florida; Thence North 79 Deg 36 Min 25 See East on Said Westerly prolongation and said most Westerly South Line 171.84 feet; Thence continuing on the South line of said "Hilton Gardens at Stirling Road" North 83 Deg 06 Min 46 Sec East 168.05 feet to the Southeast corner of said "Hilton Gardens at Stirling Road", said point being on the East line of the West ''/a (W '/2) of the Southwest '/4 (Sw '/4) of the Southwest ''A (Sw '/4) of the Southeast '/4 (Se '/4) of Section 33, Township 50 South, Range 42 East; Thence South 00 Deg 48 Min 44 Sec West on Said East Line 254.04 feet to the intersection with the North Right-Of-Way line of Stirling Road as shown on Miscellaneous Map Book 5, Page 21, of the Public Records of Broward County, Florida; Thence North 89 Deg 59 Min 21 Sec West on said North Right-Of-Way line 193.58 feet; Thence on the North Right-Of-Way line of said Stirling Road as shown in Official Records Book 23584, Page 103, of the Public Records of Broward County, Florida the following three (3) courses and distances; 1) North 85 Deg 19 Min 40 Sec West 26.60 feet to the intersection with the arc of a curve concave Northerly whose radius point bears North 00 Deg 42 Min 03 See East; 2) Westerly on the arc of said curve having a radius of 2245.34 feet, a central angle of 2 Deg 38 Min 12 Sec and an arc length of 103.33 feet; 3) North 36 Deg 38 Min 09 Sec West 18.81 feet to the Point of Beginning. Said lands situate, lying and being in the City of Dania Beach, Broward County, Florida containing 76,849 square feet (1.7642 Acres.) 3 ORDINANCE#2007-023 I CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: September 25, 2007 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director G. Corinne Lajoie, AICP, Principal Planner SUBJECT: LU-37-07/PL-36-07: The applicant, Keith M. Poliakoff, Esq., on behalf of the property owner Oakbrook Realty & Investment, LLC, is requesting a Future Land Use Map Amendment and a Perimeter Plat for the property located at the north east corner of Stirling Road and SW 18 Avenue. FUTURE LAND USE AMENDMENT The applicant has requested amending the Future Land Use Map from the "Parks and Recreation" to "Commercial". The Parks and Recreation designation dates back to 1980, when the Audubon Society owned the property. Audubon sold the property to the present owner, Oakbrook 9. Broward Count tried Realty & Investment, LLC in 199 y to purchase this property in 2001 - 2004 for public open space but negotiations with the property owner failed. The applicant has submitted a wildlife inventory as per the City's wildlife protection ordinance (included in backup). Zoning, future land use, and existing land use of adjacent lands are shown below. ADJACENT Zoning Future Land Use Existing Uses SITES Ma North Commercial C-2 HOTEL Hotel South City of Hollywood COMMERCIAL Restaurant East C-2 & IROM COMMERCIAL Retail Sales `Nest Commercial C-2 COMMERCIAL Restaurant PERIMETER PLAT The plat consists of a single parcel, with access off both SW 18th Avenue and Stirling Road. Broward County requires the dedication of 25 feet along SW 18th Avenue and installation of an eastbound right turn lane along Stirling. The plat is restricted to a 20,000 sq. ft. retail center or 29% of the net site area after ROW dedication. Based on County ROW, city parking, and city landscape requirements, building size is anticipated to be 15,000 sq. ft. or less pending site plan review. PLANNING AND ZONING BOARD RECOMMENDATION Land Use Plan Amendment: Approval of "Commercial". Preliminary Plat: Approval, subject to the following issues being addressed prior to second reading of the plat: 1. Letter acknowledging that no site clearing, grubbing, or tree removal is permitted without city permits. 2. Plat to indicate utility easements. 3. Approval by Pubic Services Director. 1'd IC 1 011 Loftier, Christine From: Leeds, Larry Sent: Wednesday, August 29, 2007 1:08 PM To: Lottier, Christine Subject: FW: Oakwood Plaza Attachments: Oakwood Environmental Report.pdf Print attachment; goes into backup for Frontier LUPA. Laurence Leeds, Director community Development Department City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 - - - 954-924-3640 [leeds@ci.c1ania-t>each.fl.us From: pjeco@bellsouth.net [mailto:pjeco@bellsouth.net] Sent: Wednesday, August 29, 2007 11:20 AM To: Leeds, Larry Cc: Troy Holbrooke; Keith Poliakoff Subject: Oakwood Plaza Larry: We have added a wildlife element to the Environmental Report that we sent you for review. Let me know if this is sufficient to be in compliance kith the ordinance. Phil Jimrusti Phillip R. Jimrusti & Associates, Inc. 12730 S W. 12th Court Davie, Florida 33325 Phone: 954-370-8870 Fax: 954-476-9256 Cell: 954-684-4728 E-Mail: pjeco@bellsouth net 8/29/2007 RECONNAISSANCE LEA FIELD ASSESSMENT FRONTIER DEVELOPMENT PROPERTY Broward County City of Dania Beach, Florida Section 33, Township 50 South, Range 42 East PREPARED FOR: FRONTIER DEVELOPMENT, LLC MARCH 5. 2007 BY: PHILLIP R. JINIRUSTI & ASSOCIATES, INC. 4SATURE ECOLOGICAL ENGINEERS ENVIRONMENTAL CONSULTANTS 12730 S.W. 12th Court DAVIE, FLORIDA 33325 ns IN1,7ENDe (954) 370-8870 FRONTIER DEVELOPMENT PROPERTY INTRODUCTION A Reconnaissance Level Field Assessment was conducted on this 1.74-acre tract of land located north of Stirling Road, east of SW 18th Avenue, City of Dania Beach, Section 33, Township 50 South, Range 42 East, Broward County, Florida. The parcel was surveyed for compliance with the South Florida Water Management District Basis of Review, Broward County Ordinance No. 93-49, section 27, and the City of Dania Beach "Tree Preservation" Ordinance (Chapter 26, Article 2) and "Wildlife Protection" Ordinance (Chapter 29, Article 4). The site was investigated to identify native vegetative communities, determine the viability of indigent habitats, and note the presence or absence of threatened or endangered species as listed by the U.S. Fish and Wildlife Service, Florida Game and Fresh Water Commission (FGFWFC), and the Florida Department of Agriculture. The site is bordered by paved roads on the south and west sides, by agricultural development on the east side, and by commercial development on the north side. The entire site is wooded, but appears to have undergone hurricane damage. A tree survey of the property was conducted by Phillip R. Jimrusti and Associates, Inc. on March 5, 2007. Because of the hurricane damage and infestation of invasive vines, it was difficult to tell if some of the canopy vegetation was alive. Approximately 20% of the trees were uprooted, had broken trunks, structural damage or lost major limbs. The immediate area surrounding the property, with the exception of isolated wooded areas, has been developed for agricultural, commercial, or residential purposes. VEGETATION The canopy vegetation consists of tropical almond (Terminalia catappa), cabbage palm (Saba) palmetto), sea grape (Coccoloba uvifera), lead tree (Leucaena leucocephala), ficus (Ficus spp.), six gumbo limbo (Bursea simaruba), Brazilian pepper (Schinus terebinthifolius), one black olive (Bucida buceras), three red bay (Persea sop.), one Christmas palm (Veitchia merrillii), live oak (Quercus virginiana), and strangler fig (Ficus aurea). The understory and groundcover consists of catbriar vine (Smilax spp.), snake plant (Sansevieria hyacinthoides), philodendron (Philodendron spp.), syngonium (Svngoniumpodophvllum), life plant (Kalanchoe pinnata), air potato (Dioscorea bulbifera), wild coffee (Psychotria nervosa), Virginia creeper (Parthenocissus guinguefolia), bidens (Bidens alba), Surinam cherry (Eugenia uniflora), cocoplum (Chrysobalanus icaco), grape vine (Vitis rotundifolia), myrsine (Rapanea puncyata), orange tree (Citrus sinensis), shoebutton ardisia Word1PRJ DocumenlMFrontier Development Properly,EA 2 FRONTIER DEVELOPMENT PROPERTY VEGETATION (continued) (Ardisia elliptica), dog fennel (Eupatorium capillifolium) and various grasses and (orbs. SOILS The US Department of Agriculture, Natural Resources Conservation Service Soil Survey of Broward County indicates that the substrate of the property consists of Dade Fine Sand (Dd). Dade fine sand is a nearly level, well drained sandy soil on slightly elevated flatlands in the southeastern part of the county. Soft limestone is at depths that average between 20 to 40 inches. Most of the acreage of this soil lies within areas that are being developed for urban uses, to which this soil is well suited. There appeared to be no hydric soils present. WILDLIFE In accordance with the "Wildlife Protection" Ordinance (Chapter 29, Article 4), conditions on the site were assessed by walking a series of pedestrian transects across the property on five different occasions and thoroughly examining the parcel for indicators of animal habitation. The methodology utilized was to look for signs such as scat, hair, burrows, tree scrapings and dens. None were observed. The only wildlife observed were several transient common grackles (Quiscalus quiscula). Based on previous studies of animal populations within these communities, the following is a list of probable animal species that could inhabit the site but were not observed during several site visits: Table 1: State and Federally Listed Species that could occur on the subject property. Protected species Common Name Scientific Name State Federal Reptiles Green anole Anolis carolinensis n/a I n/a Brown anole - Anolis sagrer - rVa n/a Six-lined racerunner Cnemidophorus sex/ineatus n/a ! n/a Birds Ground dove Columbia passerina n/a n/a Mocking bird Mimus poiyglottos n/a n/a Mourning doves Zenaida macroura n/a n/a Word1PRJ DocumentslFrontfer Development Property,EA 3 Table 1 (Continued) Mammals Nine banded armadillo Dasypus novemcnctus n/a n/a Gray squirrel Sciurus carolinensis n/a Opossum Didelphis vurgmiana n/a i n/a Raccoon Procyon lotot n/a j n/a Amph.ibian i Bulo quercicus n/a n/a j E = Endangered SSC = Species of Special Concern T = Threatened n/a = Not Listed Since no animals or signs of animals were observed on this urban parcel, a detailed budget, cost estimate or action plan should not be required for the City of Dania Beach. CONCLUSION This site is located in a highly developed urban area. The high infestation of invasive vines and exotic plants has reduced the native habitat, making it difficult for any animals to exist. It is also difficult for animals to access the property due to a 6' high chain link fence that surrounds the parcel. Most species of animals would not be able to satisfy their range requirements on this small urban parcel. No standing water is present on the property or nearby. Fresh water is essential for most mammals and many species need water to drink and forage for food. Others animals such as amphibians require standing water to complete part of their life cycles. No rare, threatened, endangered or species of special concern as listed by the Florida Department of Agriculture, the Florida Game and Fresh Water Commission (FGFWFC), and the U.S. Fish and Wildlife Service (USFWS) were observed on the property. No wetlands were observed on the site and confirmed by Broward County Environmental Protection Department (BCEPD). The habitat value is rapidly diminishing due to the extensive infestation of exotic vegetation and the deterioration caused by development in the surrounding area. No portions of the property appear to be environmentally sensitive. WordWRJ DocumentsTrontier Development Property, EA 4 ITEM 11.1 WAS HEARD AFTER ITEM 5.6. ITEM 5.7 WAS HEARD AFTER ITEM 11.1. 5.7 Broward County Land Preservation Program. Laurence Leeds, Growth Management Director, explained that the City was presented several sites by Broward County on June 16, 2001, as a result of the Broward County Land Preservation Bond Program. Broward County requires confirmation from the City on whether it would be willing to assume management responsibilities of Sites 137, 299A and 143. Mr. Leeds provided drawings and described the location of each site. Scott Parker, Broward County Department of Planning, was present to advise the City Commission that Broward County would attempt to acquire the sites and provide 15% of the purchase price to cover initial restoration and stabilization of the site. Once a willing seller is attained, appraisals of the property would be conducted. Mr. Parker stated that the City needs to confirm whether or not they wish to assume the ongoing maintenance of the properties should Broward County acquire the lands. Site#137(8 acres) Randy Wilkinson, Parks & Recreation Director, advised that Site 137 could be used as a passive park and would require basic maintenance costs on the City. Commissioner Bertino expressed concern for security of a wooded site and City Manager Pato advised that he would request BSO to patrol the area. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, to assume site management responsibilities of Site 137. The motion passed on the following 311 roll call vote with Commissioner Mikes being absent: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-no Mayor Flury-yes Site#299 A(1.88 acres) Laurence Leeds advised that 299A was previously owned by the Audubon Society and that Site 2998 was approved for a hotel development. Mr. Parker advised that sites are only pursued as long as there is a willing seller and that 299A and 2998 are close to other sites to the southeast that Broward County is attempting to acquire. A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, approving the acquisition and management responsibilities of Site 299A. The motion passed on the following 3/1 roll call vote with Commissioner Mikes being absent: Commissioner Bertino-yes Vice-Mayor Chunn-yes MINUTES CITY OF OANIA ©EACH 5 JANUARY 22, 2002 I Commissioner McElyea-no Mayor Flury-yes Site#143A (10 acres) Commissioner McElyea suggested that the parcel would be a good location for a park for the residents in the newly annexed area. Commissioner Bertino clarified with Mr Parker that the entire 10 acres would be acquired by Broward County or Broward County would not pursue the site. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, approving the acquisition and management responsibilities of Site 143A. The motion passed on the following 4/0 roll call vote with Commissioner Mikes being absent: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes 0. PROCLAMATIONS: 6.1 Proclamation declaring January 23, 2002, "South Florlds Senior Games Day' In the City of Dania Beach. City Manager Pato read the proclamation In its entirety. ITEMS 7.4 AND 7.7 WERE PULLED FROM THE CONSENT AGENDA. 7. CONSENT AGENDA(INCLUDING EXPENDITURES): Bills 7.1 Approval of bills for the month of November, 2001. Minutes: 7.2 Approval of minutes for January 8, 2002, regular meeting. Travel Expenditures: None Resolutions: 7.3 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 2001-125, WHICH RESOLUTION AMENDED ITS GENERAL FUND BUDGET FOR FISCAL YEAR 2000-2001, BY REDUCING CERTAIN REVENUE ESTIMATES AND BY BORROWING $750,000 FROM THE WATER FUND AND $750,000 FROM THE SEWER FUND, SO THAT THE LOANS OF $750,000 FROM THE WATER FUND AND $750,000 FROM THE SEWER FUND TO THE GENERAL FUND ARE RECLASSIFIED AS INTERFUND TRANSFERS, PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE . MINUTES CITY OF DANIA BEACH 6 JANUARY 22, 2002 i ( CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT - _ ROUTING SHEET Route Date _ Project 2A7 Z Lop PL-3S-0T e — — — OAKBROOK INVEST �� L jLUJ7-07 AMENDMENT �PLATMND USE AM DMENT I - — 1 F011o 5041233666630 PLEASE REVIEW THE ABOVE REFERENCED P r COMMUNITY D JEC FOR C nOMMEIVT O B BOARD A EVELOPMEN7 DIRECTOR' STAFF RECOMMENDATION TO ND CITY COMMISSION. THANK YOU E INCORPORATED IN THE THE PLANNING AND ZONING Rout Via: Mall❑ Pick UP 10 Fire Marsha❑ In-house ❑ Public Services Landscape Planner❑ BSO ❑ Other Consultant RCGA Approved as submitte - --.- _. <»<,« _ ,V: . Comment must address prior Denied -�• ` to PZ/Commission hearing �1 , � Approved w/conditlona 17 • '� List Conditions 1\ Signature I f �ena� V� �OtiC f� Date 07 Print N Nama,lhJ��e ` !J u x Calvin, Giordano S Associates, Inc. EXCEPTIONAL SOLUTIONS l June 25, 2007 Mr. Dominic F, Orlando, P.E. Public Services Director City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 RE: Plat Review—Oakwood City of Dania Beach Ref.: PL-36-07, LU-37-07 CGA Project#97-1826.58 Dear Mr. Orlando, We have no objection to the proposed plat and land use amendment. We have provided a checklist of our engineering site plan requirements for the applicant's reference and perusal. i Please let us know if you have any comments or questions. Calvin, Giordano and Associates, Inc. is an independent reviewing entity and has no Financial or professional interest in this projector with the entity making this site plan application. Sincerely, Engineering eonwuclion Engineering CALVIN, GIORDANO 8r ASSOCIATES, INC. 8 In�pection Muniopal Engrncenng Transportation Planning & Trattic Engineering Surw. ing & Mapping John Messerlan, P.E. PL,nting Director, Municipal Engineering Landscape Archaecttoe & Environmental Sew,e, conwuctiun Services I concur with the above noted comments, Incloor Air Quality Data Technologies 5 DevelopmrM Dominic F. Orlando, P.E. Emergency Management bllc Services Directo I ) Signature Date Eller Drive,Suite ci00 Hirt Lauderdale, FL I I116 Phone'9i1921 7731 Far: 954.921 Dd07 W"W(alvirn nordeno.t in) Fort Lauderdale Wc,t Palm Beach Orlando Fort Pierce Hnme.tead City of Dania Beach Ref. No, PI-36-07 L U-37-07 DEVELOPMENT REVIEW COMMITTEE CHECKLISTS ENGINEERING REVIEW The following is a list of standard site plan requirements that are reviewed by the City of Dania Beach Public Services Department. This list is intended to give general guidelines only and is not to be considered all-inclusive. Depending upon the development additional items may be required. Site plan submittals without the following minimum criteria will be returned to the applicant without a complete review being performed thus resulting in additional delays to the site plan approval process until the information is provided. Project Information Project Name: Oakwood Project Address: NE corner of Stilding Rd amd SW 180 Avenue, Dania Beach Name of Owner: Oakbrook Realty& Invest, LLC Name of Applicant: Keith M. Poliakoff, Esq. Applicant's Address: 3111 Stirling Road, Fort Lauderdale, FL 33312 Contact Number: 954-985-4183 Submittal Requirements i ❑ A recent survey prepared by a Florida registered land surveyor, reflecting existing natural features, such as topography, vegetation, existing paving, existing structures, and waterbodies. Site information should contain legal description, including section, township, and range. Site boundaries shall be clearly identified, and ties-to-section corners. ❑ Stormwater Calculations and copy of previous permits from SFWMD or other agencies, if any. ❑ An application for final site plan approval which abuts a State Road shall be accompanied by a valid Pre-Application approval letter from the Florida Department of Transportation. ❑ Soils Report ❑ Lift Station calculations, if applicable. ❑ Utility agreement for water and sewer line extension, if applicable. ❑ Complete set of Civil Engineering plans as described below. Existing Site ConditionslTopographic Survey ❑ Provide a north arrow with reference and an engineering scale 1"=200' max ❑ Show all property boundaries with linear bearings and distances, curve boundary information and the building setbacks. ❑ Show all existing property lines, which are to be removed and label them appropriately. ❑ Show all adjacent parcels with the graphical angle of departure of adjacent property lines. ❑ Show all building and structures and label current use/facility name and finished floor elevation. ❑ Show all pavement, parking, and driveway access points on the property. ❑ Show all walkways/sidewalks/handicap ramps both adjacent to the development and opposite any existing roadways or intersections. ❑ Show all adjoining streets and alleys with names, rights-of-way and pavement widths ❑ Show all water lines, sanitary water lines, services, cleanouts, valves, hydrants within 100 feet, water meter vaults, backfiow preventers, storm sewer systems, catch basins, headwalls, junction boxes, other structures, ditches and swales. ❑ Show and label all easements, both public and private with location and width. Define all easements by centerline bearings, distances and ties to property comers or page book and deed reference. Site Plan Sheet ❑ Clearly distinguish graphically between existing features and proposed features, ❑ Show all proposed property lines. ❑ Show all areas to be dedicated or reserved for public or private use and define with property lines or easements. ❑ Show all building setback lines. ❑ Clearly define the footprints of proposed buildings. ❑ Define with details typical cross-sections for all proposed public or private streets/alleys. ❑ Details should include typical pavement structure, size and type of curbing, shoulders, sidewalks, pavement widths, and right-of-way widths, as applicable. ❑ Internal traffic circulation, including directional arrows, and signs to direct traffic flow. Locations of all parking and loading areas. ❑ Show location of traffic control signs and pavement markings. ❑ All adjacent rights-of-way, with indication of ultimate right-of-way line, center line, width, paving width, existing median cuts and intersections, street light poles and other utility facilities and easements. ❑ Typical cross-section of proposed construction. ❑ Show all internal sidewalks and provide handicap ramps per ADA and FOOT standards. Show ramp details. Paving, Grading, and Drainage Plan Sheets ❑ Provide preliminary grading plan. ❑ Provide preliminary storm drainage layout plan, which shows basic drainage locations with indicative pipe and structure sizes. Location of all drainage features, and retention areas, if any. ❑ Provide preliminary storm drainage easement sizes and locations, if applicable. ❑ Provide typical sections for proposed surface drainage (ditches, swales, retention/detention areas, etc.) ❑ Provide finished floor elevations for all structures (building, concrete pads, pump stations, etc.) ❑ Geometry of all paved areas including centerlines, dimensions, radii and elevations. Pavement materials. Utility Plan Sheets ❑ Existing and proposed fire hydrant locations, fire lanes and fire department connections. ❑ Designate the location of all proposed connection to water and sewer mains. ❑ Show all water and sanitary sewer easements (combined easements are not allowed, but overlapping easements are acceptable) ❑ Show all valves, manholes, sewer cleanouts, hydrants, meters and sizes. Sewer cleanouts in traffic areas shall be labeled as traffic bearing cleanouts. ❑ Show all backflow prevention devices. ❑ All food service dumpsters and compactors are required to have drains to a sanitary sewer. Reviewed by: Y John Messerian, P.E. Director, Municipal Engineering Calvin, Giordano & Associates Concurred: Dominic Orlando, P.E. Director of Public Services City of Dania Beach, FL CITY OF DANIA BEACH — COMMUNITY DEVELOPMENT DEPARTMENT ----- ----- --_— — ROUTING SHEET Route Data �7 p2 Log LPL-Jy07 ------ i Projeq Lu BLAND U EEAMEN_NDME T .�'V , 3 2001��77VV Folio 500 J 0008J0 $' LEASE REVIEW THE ABOVE REFERENCED 3 COMMUNITY DEVELOPMENT DIRECTOR'S ST F} r �t D AND CITY COMMISSION. THANK YOU. TO BE INCORPORATED IN THE BO M THE PLANNING AND ZONING 3 Route Vla: MaA -� Pick Up Fire Marshall In-house Zblc Landscape f I ervl ,,r.. . .._ Services BSOPlannw i Other Consultants GCGA APID vedassubmitted Comments must a Oenled to PZ/Commission address prior sion hearing APProved w/conditlona List Conditions Date ��CLl9 ��ialJ1� Print Name X - X CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT - -- ROUTING SHEET Route Date 6/17/2007Jyfltl 11 0 1_91.B Lop IPL-3/-07 Project OAKBROOKINVE STBREALTY ��� 12 7��� LUd7-07 IPLAT/LAND USE AMENDMENT i olio'504233000630 PLEASE REVIEW THE ABOVE REFERENCED PR n'COMMUNITY DEVELOPMENT DIRECTOR'S STAFF BE INCORPORATED IN THE BOARD AND CITY COMMISSION.THANK YOU. MM T PLANNING AND ZONING Route Vie: Mou ❑ Pick Up L] In-house !1� Fin Marshal ❑ Landscape ❑ Public Services❑ BSO Planner Other Consultants ❑CGA Approved as submitted - --- - - Denied❑ Comment$must address prior -� to PZ/Commission hearing --- Approved w/conditions 1 List Conditions y eoY,n 01_101 zs Signature 6 Date Print Name X _ X Oakbrook Investments— PL-36-071LU-37-07 6-12-07 Corinne Church, (954)924-3704 ZONING REVIEW 1. Incomplete information was provided, therefore additional review and comment will be provided by staff at time of further review of this project. Applieent hearnot to act-onrMsbahatr eref®, pg�correspondence wig be.directly yviih 2ha propert�c.nu�a�[ i�lgss authori�af��� �Q 3. Must provide Broward County plat comments prior to the first public hearing. 4. Must obtain tree removal permit prior to any trees being removed or relocated. 5. Provide copy of proposed plat showing property lines, utility easements, NVAL, roadway dedications, note restrictions, etc. r p � c� r� od� June 13, 2007 JUN 2 6 20Q1�' Ms. Corinne Lajoie, AICP c/o City of Dania Beach Community Development Department 100 West Dania Beach Boulevard Dania Beach, Florida 33004 RE: Folio No.: 504233000630 Dear Ms. Lajoie: This letter is to certify that Keith Poliakoff and Neil Schiller of Becker&Poliakoff, P.A., are authorized to make any and all applications to the City of Dania Beach, Florida and Broward County, Florida regarding the property referenced above. I am a duly authorized officer of Oakbrook Realty and Investments,LLC. Please feel free to contact me if you have any questions. Sincefel , o ert tch, Sr 11 . Aiau� 1, Sign Name of Notary Public Print Name of Notary State of FIorrAt , C �3-`owrnj Commission Expires: o l 0 PTL DB. 10544861 ",fife LAURA S.DURBIN �/ \ MYCgAMIS:Ap 1DD010197 Q \ EXPIRES:APd I 2010 •M„ 8.4 Tt'Ncrry Rek Wwwb. O City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954)924-3643 General Development Application ❑ Administrative Variance ©--AsslgnmentofflextReserveUnits- G7i�rt Use Amendment `1 G❑( Plat Delegation Request rJ I �'J Date Rec'd: ❑ Rezoning ❑ site Plan ❑ Special Exception J 1 1100 Petition No.: ❑ Special Request Cl TrafflcwayWaiver 17d� ❑ Variance I ;�ri9l"CfA�llt ❑ 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 forth 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 applicatlon. 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: Lot(s): Block: Subdivision: Recorded Plat Name: Folio Number(s):504233000630 Legal Descriptlon:33-50-42 W 1/2 of SW 1/4 of SW 1/4 of SE 1/4 Less PT IN OR. 3760/15 and Less revised Stirling Road R/W Applicant/Consultant/Legal Representative (circle one) Keith M. Poliakoff, Esg. Address of Applicant:3111 Stirling Road, Fort Lauderdale. FL 33312 Business Telephone: 954-985-4183 Home: Fax: 954-985-4176 Name of Property Owner: Oakbrook Realty a Invest, LLC Address of Property Owner: 1000 Royce Blvd. , Oakbrook Terrace, IL 60181 Business Telephone: 305-692-9992 Home: Fax: 305-692-3032 Explanation of Request: Please see attached. _ Prop. Net Acreage: Gross Acreage: 1.74 Prop. Square Footage: 16,000 Existing Use: Vacant Proposed Use: Retail Is property owned individually, by a corporation, or a joint venture? corporation Aunderst hat site plan and variance approval automatically expires within 12 Ission approval ursuantto Ordinance No. 2005-040. er slgnature Prin Name Date Ap_P1.ICANLr r4NS4!l TAN.T,_QR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE__,_____,_. __ - Swom to and subscribed before me AppllcangConsultant/Representative: This 4ny of 20-q a Signature: Date: �7�d 7 Sign Nam BLAYi (Print Name) State of( FobnM 4 Keith M. Poliakoff,Esq. trrT"F*'..n.040MI Becket&Poliakoff,P.A. 3111 Stirling Road Print Name of Notary Fort Lauderdale,FL 33312 Phone: (954) 985-4183 Fax: (954) 985-6814 ✓ Commission Expires: 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 Ale 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 that I, as a duly authorized officer, have authorized (AppllcanVConsultanVRepresentative) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: OAKBROOK REAL7 & II ILS39MS, LI.0 Thls—L day of 20 0 Signature: Date: // 1 ,/ 16 f7 E. Y / // /^r ��'C / .Sr ,y (Print Name) ate or(f�D�D Qbllc (Print Tide) s Pr t Name of Notary Street Address,City, State and Zip Code 14 JkW S.RicoC Telephone No. &Fax No. Se Expires Novemtbr 21,2007 " maono,rw.�,.,.,o,��oo.xsroH 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 (Applicanyconsultant/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. 3111 Stirling Road Fort Lauderdale, Florida 33312-6525 BF( I<ER �' Phone: (954)987-7550 Fax: (954) 985-4176 r''C3LiAK(��F US Toll Free: (800)432.7712 Mailing Address: P.O.Box 9057 Ft.Lauderdale, FL 33310-9057 ADMINISTRATIVE OFFICE ' '• i Reply To: 3111 STIRLING ROAD June 11, 2007 f : ] Fort Lauderdale FORT LAUDERDALE,FL 33312 Ned M.Schiller, Esq. 300.432 7712 ULL TOLL FREE i �IIli Direct dial: (954)985.4117 NSchiller@becker-poliakoff.com A NW.BIC K ER-POLIAKOFECOM j BP�BECKER-POLIAKOFECOM BY HAND :lent Ms. Corinne Church The City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 Re: Land Use and Plat Applications for folio #504233000630 Dear Ms. Church: FLORIDA OFFICES BOCA RATON I am pleased to present a land use amendment and plat applications for the z0RT MYERS property that corresponds to folio #504233000630, located in Dania Beach, i FORT WALTDN BEACH Florida. Included in our application is the following: NOLOW000 +C'eESTEAD • Dania Beach General Development Application—Completed ARID • Narrative that supports the application WFLBG6RNE. • Necessary traffic studies (Sections F — Transportation and G — Mass „Au, Transit) ''PLEB • A copy of a water— wastewater request from the City 111'INDO • Broward County Environmental Protection Department (EPD) wetlands 'A"TA letter >, '""" • ALTAIACSM Land Title Survey "E'T I L.BEACH • Proposed plat pages for the property •uTHIATED JIUCfS Conceptual site plan for the property BEI,N� Opinion of ritle for the property • Check #1 1064 totaling $5,065.00 for the land use amendment application 'El'JuA fee „—E • Check #1 1065 totaling $3,192.50 for the plat application fee TEL.1N Please contact me if you have any questions or require more information. We look forward to working with you on this very exciting project. LEGAL AND BUSINESS STRATEGISTS .Lw.trS..1 COXSUlF413 An NIFPNAiiONA..1S0FIATi0N OI A.1A.$ .NITWOXK OI LIAOI.G LAW IIBMS Ms. Corinne Church June 11, 2007 Page 2 Best regar I Neil M. Schiller Attachments FrL_DB, 1054015_1 CITY OF DANIA BEACH ,], J1007 PROJECT SUMMARY JUfor FRONTIER DEVELOPMENT BACKGROUND The subject property encompasses 1.74 acres and is located on the northeast comer of Stirling Road and Southwest 18 Street in Dania Beach. 'There are no improvements on the property, which consists mainly of trees. The land use of the property is"Parks and Recreation" and the zoning of the property is "Broward County Agriculture-l" (A-1). The property is not platted. REQUEST The Applicant seeks to develop the property into a 17,000 square-foot retail facility. In order to do this, the Applicant must plat the property, change the land use to"Commercial" and rezone the property to Commercial-2 (C-2). JUSTIFICATION STATEMENT The commercial real estate market in South Florida continues to remain active, despite'the residential market's cooling. The University of Florida Bergstrom Center for Real Estate Studies released its first quarter Survey of Emerging Market Conditions,which indicated that, "cap rates are expected to rise for strip centers," and the survey identified strip centers as the type of property receiving the most attention from investors.' Further, real estate expert Lewis Goodkin wrote, "for the first time in Florida history, residential developers had outbid the commercial sector for prime parcels. Now, the state's healthy job market and a shortage of new commercial construction are spurring a commercial construction boom in many markets.i2 The subject property has not been developed despite the number of trees that are located on the property. There has been a substantial change in the area since the subject property was initially zoned and classified for land use. The area's largest commercial center, Oakwood Shopping Center, was developed in 1988, almost twenty years ago. The parcel directly west of the property has a drive-through fast-food restaurant operating on it and the parcel directly east of the property has an industrial use. The highest and best use for the property would not be agriculture as it is too small to pursue that activity, nor would a park be the highest and best use as there are no residents in a reasonable proximity to the property. The proposed commercial use the Applicant seeks would not only be compatible with the existing surrounding land uses, but would be the highest and best use for the property. ihttp://www.cba.ufl.edu/fire/dots/CRES/survey/mkt—browardcounty,pdf http://www.floridatrend.conVartic le.asp?alD=1891246.8141583.593541.1613271.4596033.482&a1D2=45648&pare ntlD=45645 PROPOSED DEVELOPMENT The Applicant seeks to build a two-story, 17,000 square-foot retail facility. It is envisioned that the first floor would consist of retail space and the second floor would consist of office space. Access to the retail center would be from Southwest 18`" Street, so as to not disrupt traffic on Stirling Road. AMcMAHON �� 6360 NW V Way I Suite 301 1 Fort Lauderdale, FL 33309 p 954-771-0776 I f 954-771-1754 • • www,mcmtrans.com PRINCIPALS Joseph W.McMahon,P.E. Rodney P.Plourde,Ph.D.,P.E. 15 2007 n Joseph J.DeSantis,P.E.,PTOE May , Sa �(�� {', •f i�'I /� John S.DePalma yil William T.Steffens ASSOCIATES JUN 1 1 1331 Casey A.Moore,P.E. Gary R.McNaughton,P.E.,PTOE Mr. TroyA.Holbrooke, John J.Mitchell,P.E. , , . r • .a " ! Christopher J.Williams,P.E. Director D �I -Art rwl '11t John F.Va P.E. Frontier Development, LLC Thomas A A..Mall 2627 N.E.203rd Street-Suite 216 Miami, FL 33180 RE: Stirling Road at SW 181h Avenue Task 1-Land Use Plan Amendment McMahon Project No.: L07196.01 Dear Mr.Holbrooke: McMahon Associates, Inc. (McMahon) is pleased to provide the responses to Sections F, Transportation, and G, Mass Transit, for the Land Use Plan Amendment application of the reference project. Should you have any further questions, please do not hesitate to contact me. Sincerely, 4L&1z- Thomas A. Hall Associate and General Manager- Fort Lauderdale TAH/J WM/APR;pg F:\FL\07196L\07196L Ol\Admin\Task 1-Land Use Plan Amendment and Zoning Change.doc MA Boston PA Fort Washington I Exton I Mechanicsburg NJ Yardville H. Palm Beach Gardens I Fort Lauderdale I Fort Myers I Miami CELEBRATING 30 YEARS OF EXCELLENCE F. TRAFFIC CIRCULATION ANALYSIS Identify the roadways impacted by the proposed amendment and indicate the number of lanes, current traffic volumes, adopted level of service (LOS) and current LOS for each roadway. The project site is located on the northeast corner of SW 181h Avenue and SR 848/Stirling Road,in the City of Dania Beach, Florida. The project site is currently zoned as Broward County Agriculture (A-1). The land-use designation for the project site is Parks and Recreation on the City and County land-use plans. The proposed land use designation is Commercial. Broward County Planning Council, Land Use Plan Amendments(LUPA) must examine all roadway links where the project trips are equal to or exceed three percent of the capacity of the roadway. Therefore,a trip generation analysis was performed for each of the permitted land uses, per the City code to determine the trip generation for the maximum-allowable development under the current zoning designation (i.e., Agricultural, A-1). Appendix F contains a copy of the City permitted land uses for the project site(section 39-248) and Plot area coverage(section 39-253). Furthermore, the net difference in trips between the maximum-allowable development under the current land-use designation and proposed land-use designation for the project site was calculated for AM peak-hour, PM peak-hour and daily traffic conditions. The results of this effort are summarized in Table 1, Table 2 and Table 3, respectively. Appropriate rates and/or equations were utilized from the Institute of Transportation Engineers' (ITE) Trip Generation manual, Th Edition, based on criteria outlined in the ITE Trip Generation Handbook. Results from the trip generation analyses indicate that the proposed development is expected to generate 144 gross total AM peak-hour trips and 10 gross total PM peak- hour trips LESS than the maximum allowable development under the current land use designation. However, for daily conditions, the proposed use on the site is anticipated to generate 919 gross total daily trips above and beyond the daily trips generated by the maximum allowable development under the current land-use designation on the site. TABLE 1 AM PEAK-HOUR TRIP GENERATION ANALYSIS-BUILDOUT YEAR(2009) OAKWOOD CENTER LUPA AM PEAK HOUR MAXIMUM ALLOWED LAND U9E Day Can Camber 565 15,01 SF T-12.79 105 93 19R PROPOSED USES General CammeMal 820 17,000 SF Ln(T)-0.60 Ln(X).2.29(61/39) 33 21 5• NITDIFFRRENC! (72) (72) 174U r (1)Some:TdpO r.4.M...L 7ih edld..bh1 Im P pond U. 1 TABLE 2 PM PEAK-HOUR TRIP GENERATION ANALYSIS-BUILDOUT YEAR 12009) OAKWOOD CENTER LUPA PM PEAK HOUR MAXIMUM ALLOWED LAND USE Da Care(Zerler %S 15,181 SF T-1318tX) 96 108 204 PROPOSED USES General Commercial 820 17,OW SF Ln(r)-0,66Ln(X)+340(48/52) 93 101 194 NETDIFFERENCE 131 in 1101 111 Source:Trlp CeneraHmn\lanud,?th EdiHm unf..N br Prop;vd Cv�. TABLE 3 DAILY TRIP GENERATION ANALYSIS-BUILDOUT YEAR 12009) OAKWOOD CENTER LUPA DAILY MAXIMUM ALLOWED LAND USE Day Can Center %S 15,481 SP T-79.26 613 614 1227 PROPOSED USES eneral Commercial 820 1 17,000 SP 1 LnM-0.65Ln1xr5A3(50/50) 1,073 L073 2,146 NET DIPPRRENCR "0 459 919 o)Sam :TEpr raem ManualMMW=ueliudfa Pmpaad Ua A trip distribution analysis was performed for the proposed project development based on the existing roadway network located in the vicinity of the project. It was assumed that all project-related trips will arrive and depart via NW 181^ Avenue. Based on a conservative trip distribution the project traffic was assigned to the roadway network as follows: e 92% of the project traffic will arrive from and depart to the west via Stirling Road e 7% project traffic will arrive from and depart to the east via Stirling Road. 9 1 % project traffic will arrive from and depart to the south via Oakwood Boulevard. One percent of the project traffic was assigned to Oakwood Boulevard to account for traffic arriving from and departing to the Oakwood Plaza. The Oakwood Plaza is a retail center located along Oakwood Boulevard south of Stirling Road. Trip assignment analyses were performed for daily and PM peak-hour conditions to determine the roadway segments with a minimum of three percent significance and are summarized in Table F-1 and Table F-2, respectively, located in Appendix F. As shown in Tables F-1 and F-2 there are no roadway segments where the project trips are equal to or exceed three percent of the capacity of the roadway for both daily and PM peak-hour conditions.Therefore, no further analyses were conducted. Identify the projected LOS for the roadways impacted by the proposed amendment for the short (flve year) and long term (2030) planning horizons. Please utilize average daily and PM peak-hour traffic volumes per Broward County MPO plans and projections. There are no significant roadway segments impacted by the proposed amendment. Therefore,no further analyses are needed. Planning Council staff will analyze traffic impacts resulting from the amendment. You may provide a traffic impact analysis for this amendment - calculate anticipated average daily and peak-hour traffic generation for the existing and proposed land use designations. If the amendment reflects a net increase in traffic generation, identify access points tolfrom the amendment site and provide a distribution of the additional traffic on the impacted roadway network and identify the resulting LOS change for the short(five year) and long range (2030)planning horizons. Trip generation analysis was performed for AM peak hour, PM peak hour and daily traffic conditions for the maximum-allowable development under the existing land use designation and for the maximum-allowable proposed uses on the project site and are summarized in Tables 1, 2 and 3, respectively. Appropriate rates and/or equations were utilized from the Institute of Transportation Engineers' (ITE) Trip Generation manual, 7' Edition,based on criteria outlined in the ITE Trip Generation Handbook. Results from the trip generation analyses indicate that the proposed development is expected to generate 144 gross total AM peak-hour trips and 10 gross total PM peak- hour trips LESS than the maximum allowable development under the current land-use designation on the site. However, for daily conditions, the proposed uses on the site are anticipated to generate 919 gross total daily trips above and beyond the daily trips generated by the maximum allowable development under the current land-use designation on the site. As previously mentioned, a trip distribution analysis was performed for the proposed project development based on the existing roadway network located in the vicinity of the project. It was assumed that all project-related trips will arrive and depart via NW 181"Avenue. Based on a conservative trip distribution the project traffic was assigned to the roadway network as follows: • 92% of the project traffic will arrive from and depart to the west via Stirling Road • 7%project traffic will arrive from and depart to the east via Stirling Road. 1% project traffic will arrive from and depart to the south via Oakwood Boulevard. One percent of the project traffic was assigned to Oakwood Boulevard to account for traffic arriving from and departing to the Oakwood Plaza.The Oakwood Plaza is a retail center located along Oakwood Boulevard south of Stirling Road. Trip assignment analyses were performed for daily and PM peak-hour conditions to determine the roadway segments with a minimum of three percent significance and are summarized in Table F-1 and Table F-2, respectively, located in Appendix F. As shown in Tables F-1 and F-2 there are no roadway segments where the project trips are equal to or exceed three percent of the capacity of the roadway for both daily and i PM peak-hour conditions.Therefore, no further analyses were conducted. r Provide any transportation studies relating to this amendment, as desired. The information provided in response to the preceding three items constitutes the entirety of the traffic analysis for this LUPA. G. MASS TRANSIT Identify the mass transit modes,existing and planned mass transit routes and scheduled service(headway)serving the amendment area within one-quarter of a mile. Broward County Transit routes 6, 12, and 16 currently serve this site. Additionally, the City of Dania Beach operates two local community routes in the vicinity of this site. ( Broward County Transit: Route 6- This route mainly runs north/south between The Broward Central Terminal and County Line Road.The northern segment of the route was extended to the Broward Terminal replacing route 84. Buses provide two-way service between the Airport Tri- Rail Station and Stirling Road. The route operates seven days a week with 30 minute headways during the weekdays and Saturday and hourly headways on Sunday. The service runs from 5:15 AM to 9:55 PM on weekdays, 5:20 AM to 9:55 PM on Saturdays, and 9:05 AM to 8:00 PM on Sundays. Route 12 - This is a local route that provides service between the West Regional Terminal and the North Beach Park. The route operates seven days a week with 45 minute headways during the weekdays and hourly headways during the weekend. The service runs from 6:00 AM to 8:00 PM on weekdays, 6:00 AM to 8:15 PM on Saturdays, and 10:00 AM to 7:45 PM on Sundays. Route 16 - This is a new local route that operates between Stirling Road and Flamingo Road and the Dania Beach City Hall, with service to the Fort. Lauderdale-Hollywood Airport Tri-Rail Station.The route operates seven days a week with 30 minute headways during the weekday peak hours and hourly headways during weekday off-peak hours and during the weekend. The service runs from 6:00 AM to 9:45 PM on weekdays, 6:00 AM to 9:45 PM on Saturdays, and 10:00 AM to 6:45 PM on Sundays. Citj of Dania Beach Community Bus Service Dania Beach Community Bus - provides service between Dania Beach City Hall and NW 1" & NW 141, Avenue. The route operates Monday through Saturday with hourly headways from 9:00 AM to 5:40 PM. Broward County Transit Development Plan FY 2006-2010 r Route 6 - This route is scheduled to have weekday and Sunday service expansion, Sunday headway improvements, and route realignment. Route 12 - This route is scheduled to have weekday, Saturday and Sunday service expansion, weekday and Saturday headway improvements, and route realignment. Broward County 2030 Long Range Transportation Plan Route 6 (Regular Bus) - This route is scheduled to have Sunday/Holiday headway improvements. Route 12 (Regular Bus) - This route is to provide service expansion from the current terminus at the West Terminal to Sheridan Street west of 172^d Avenue in the southwestern sector of the County. Quantify the change in demand resulting from this amendment. Change in Mass rr.in�it 1)etnand Permitted Use 1,227 X 1.23% - 14 Tri Fro ed Use. 'Ii46 X 1.23% - 26 Tri Change in Demand - 11 Tri Correspondence from transit provider verifying the information submitted as part of the application on items 1-2 above. Correspondence must contain name, position and contact information of party providing verification. Correspondent Information per attached letter Name: David Daniels Agency: Broward County Mass Transit Position: Principal Planner Ph: 954-357-8340 Fax: 954-978-1189 Address: 1100 Park Central Boulevard, Suite 300, Pompano Beach, FL 33064 Describe how the proposed amendment furthers or supports mass transit use. The commercial environment of the proposed project will create activity nodes which will enhance and support utilization of mass transit for employees, visitors and residents. I F:\FU07196L`,07196L_01\Analyses\Smtion F AND G may 17.doc cou Ty OFFICE OF TRANSPORTATION —Servica Development 1100 Park Central Boulevard,Suite 3500•Pompano Beach,Florida 33084 9 5 4357-8310•FAX$54-978.1186 May 15, 2007 Addana Rodriguez, McMahon Associates, Inc. 6360 NW 5'Way, Suite 301 Fort Lauderdale, FL 33309 RE: Stirling Road and SW 180 Street 1.78 Acre Parcel, City of Dania Beach Land Use Plan Amendment - Verification of Transit Services Dear Ms. Rodrguer Your correspondence dated, May 8, 2007, regarding the Stirling Road and SW 18"' Street 1.78 Acre Parcel - Land Use Plan Amendment, has been reviewed by Broward County Transit (BCT) for current and planned bus service. Fixed-route bus service to the amendment site is currently provided by: BCT Routes 6, 12, and 16, In addition, The City of Dania Beach Community Bus services this amendment site. Please see attached table for specific hours of service and frequency. BCT DAYS OF SERVICE HOURS OF SERVICE SERVICE FREQUENCY ROUTE A.M. - P.M. Monday-Friday 5:15a - 9:55p 30 Minutes 6 Saturday 5:20a - 9:55p 30 Minutes Sunday 9:05a - 8:00p 60 Minutes Monday-Friday 6:00a- 8:001) 45 Minutes 12 Saturday 6:00a - 8:15p 60 Minutes Sunday 10:00a - 7:45p 60 Minutes Monday-Friday 6:00a - 9:45p 30 Minutes 16 Saturday 6:00a - 9:45p 60 Minutes Sunday 10:00a - 6:45p 60 Minutes Dania Beach Monday-Saturday 9:OOa - 5:40p 60 Minutes Community Bus Broward County Board of County Commisslonars Joeephus Eegelledon.Jr.•Sue Cunrbwger•Knstin D.Jacobs-Kea Keerhl•low 1.14"man,Slecy Rllter•John E.Rodarp ,Jr.•oleos WaaaermerFRubin Loa weAw www.broward.org Future route and transit improvements for the amendment area have been identified in the TOP (Transit Development Plan), and in the Broward County 2030 Long Range Transportation Plan (LRTP). The proposed land use plan amendment has a small impact in transit demand. Current and future transit should provide adequate capacity to meet the future services demands. Please call me at 954-357-8351, if you require any additional Information. Sincerel 9.1. David Dan Principal Planner APPENDIX F TRAFFIC CIRCULATION ANALYSIS FLORIDA February 22, 2007 File No: ZL-07-07 Becker Poliakoff Keith M. Poliakoff 3111 Stirling Road Ft. Lauderdale, FL 33312-6525 RE: Folio No. 504233000630. Dear Mr. Poliakoff: This letter is in response to your written request for information regarding the above referenced property currently zoned A-1. ZONING Broward County Agriculture A-1 LAND USE Parks and Recreation PARKING Parking requirements based on proposed use SETBACKS 50 feet from an I lot line BUFFERS See Chapter 26 of the City Code HEIGHT 35 feet maximum DRIVE-THROUGH Not 2ermitted in A-1. LOADING Based on proposed Agricultural Use OPEN SPACE 40% IMPACT FEES See attached CURRENT MORATORIA None at this time PLATTED Platting required DEVELOPMENT PROCESS Based' on proposal for commercial/drive-through use, Platting, City LUPA, County LUPA, City Zoning Change, Special Exception, Variance, and Site Plan Review and approval required. _ TIME FRAME 1 - 2 years due to platting/LUPA TREE MITIGATION See attached copy of City of Dania Beach Code of Ordinances, Chapter 26, and Article 26-11 through 26-29. "Broward's First City" 100 West Dania Beach Boulevard, Dania Beach,Florida 33004 Phone: (954) 924-3600 wwwdaniabcachfl.gov CITY OBJECTION TO FDOT Contact Public Services Director at ACCESS 954 924-3740. ROW ISSUES Contact Public Services Director at 954 924-3740. UTILITIES AVAILABLE Contact Public Services Director at 954 924-3740. MASTER OR OFF-SITE DRAINAGE. Contact Public Services Director at 954 924-3740. There are no active code violations on the property at this time. For additional information regarding the fines or code violations please contact Code Compliance Office at (954) 924-3790. Your proposal requires several discretionary approvals, including City/County platting (re vehicular access), Broward County LUPA, as well as City LUPA, rezoning, special exception, variances, site plan review (discretionary in terms of variance and special exception) and tree preservation/relocation. As such, this letter does not confer any rights or approvals or any expectation of rights of approvals. This letter is Intended only to provide information regarding the current zoning designation of the property, and is not intended to be a substitute for a comprehensive review of city codes and ordinances. You are advised to check all zoning and building code requirements prior to purchasing any property in the City of Dania Beach. If you have any further questions, please contact me at (954) 924-3704. Sincerely, Corinne Lajoie, AICP, Pnncipal Zanner APPROVED AS TO FORM Laurence Leeds, AICP, Director, Community Development Enclosures t 99 248 BROWARD COUNTY CODE Agricultural,Estate and Rursl Ranches land use designations of the certified Future Unincorporated Area Land Use Element of the Broward County Comprehensive Plan with limited community facilities and utility facilities permitted to serve the neighborhood (Ord.No. 1997.29,11,7.8-91;Ord. No.2000.38, 124, 8.22-00) Sea. 39.247. Agriadtural zoning district& The following shall constitute agricultural zoning district$ for the purposes of this coda: District 71t1e Ml Agricultural Estate A 1 General Agrleultural (Ord.No. 107-29,11.7-8-97) && 39-24L Density, No agriculture)zoning district s Section&2develop" ofto a this resitart1c��g 1 dwelling unit per 2 net acres of plot area,wept provided i (Ord.No. 1997-29,11,7-8-97) See. 39.248. Uses permitted. plot@ in agricultural districts may be used for one or more of the following specified uses: Rey to abbroulatioru: P.Permitted NP•Not Permitted C a Conditional Permitted Uses A-1 A-2 1-family detached dwellings P P Nonprofit neighborhood social and recreational facilities P P places of worship and accessory schools and day care centers PP PP Community residential facilities Crop raising and plant nurseries(commercial and noncom- P P mercial)with on-promisee sales limited to crops or plants grown or cultivated on the plot where they are being sold, and related landscaping materials incidental to such sales P P Essential services p P Fish breeding(commercial and noncommercial) C C Outdoor events(subject to Section 39-238) P P Animals(subject to Section 39.245) P P Veterinary clinics(no overnight stay or animal runs) NP P Veterinary hospitals NP P Kennels,commercial boarding and breeding Permitted accessory uses to a 1-family dwelling Detached guest house or servants' quarters (no kitchen) C C Yard sales supp.No. l CD39:138 ZONING 1 39-2e{ Permitted Uses A-1 A-2 Home offices Family day can homes C C Hone boarding stable P P Ccmmerdal equestrian o P P eq Aerations P P Any other use naturally and customarily associated with any permitted use shall be considered accessory to the above,provided the accessory use is dearly incidental to,subordinate to,and subservient to the permitted use it serves (Ord. No, 1997.29.! 1, 7-9-97;Ord.No. 1999-39, 13,8-22-99) gee. 39.260. Vass prohibited. Any ties nob expressly permitted in section 39.249 of this article In prohibited. (Ord. No, 1997-29,11, 7-8.97) See. 39.281. Minimum plot dimensions, (1) Any plot is an agricultural district shall have at least one dimension of 280 feet (2) Any plot recorded as a single plot in the public records of Browsrd County,Florida,an of December 31, 199l,or'W"becomes undersized or oversized due to a district or regulation change or due to any easement or right-of-way dedication or vacation, may be used for a permitted use subject to all other limitations and requirements of this code. (3) Any plot occupied or to be occupied for a permitted nonagricultural,nonresidential use shall be a minimum of two(2)net acres,except for wireless communication facilities. (Ord. No. 1997-29, 11, 7-8.97; Ord. No. 2000-36, 128, 8-22-00) Sec. 39.252. Maximum plot size for nonresidential and nonagricultural uses. All permitted nonresidential and nonagricultural uses shall be limited to plots a masimum of five(5) acres in net area. (Ord. No. 1997-29, 11, 7-8-97) Sea 39.263. Plot coverage. The combined area occupied by all buildings and roofed structures shall not exceed twenty percent (20%),on portions of plots not occupied by a farm containing other than nonresidential farm buildings and structures. (Ord. No. 1997-29. 1 1, 7 8-97; Ord. No. 2001-18, 1 11, 5-22-01) Sao. 39.254. Height. No building or structure,or part thereof,excluding farm buildings and structures on portions of plots occupied by a farm,shall be erected or maintained to a height exceeding thirty-five(3s) feet, except as permitted by section al.03,exclusions from height limits, and section 39.102, wireless communication facilities. (Ord.No. 1997-29, 1 1, 7-8-97; Ord, No. 2000-36, 126, 8-22-00; Ord. No. 2001-18, 1 12, 5-22-01) I Supµ Na 1 CD39-.139 TABLE P-1 2009 DAILY PROJECT ASSIGNMENT OAKWOODS CENTER LUPA SWOA!MI Wvd w 6LD ]9560 C 1.0% 9 0.0%"m No wb 0Wr 6LD aW) 09500 D 10% 9 0.0% LD 6910B Ne ! 6 W M D 10% 9 O A No b v! 61A N2m 000 D ID%to 9 on No w 6LD N300 000 D f0% 9 0.0% Ne w 6LD N000 4km D b0% 607 0.9% No sl4u.00d 6LD N100 6L000 D 91.0% B0l 1.T6 No 6LD N000 U580 D 91.0% w 17% No M wrq 6LD N= Ww D W.0% Be In No r ww. o u 6LD N200 N500 D 1.0% N 0.1% No u b 6LD N2W W19 D 6.5% 60 0.1% Ne 9MPPu%evdw U3I 6LD ",am 01817 D 65% 1 60 0.1% No Ne lle.l► BBvddu8119gWD M 6" 18L600 1N,000 P 96.0% ND 0.2% No I.>s "'U.0%dbcnmyu 6u 181,mI mom P 0.0% 614 0.2% 1 N. SW 19 Avv/068M 81N 9onb0I802es dd 6L 11,7D I 9 00% No 9%Mdu 91b914Dn M 6L I 3ZM 1 3d,9N P 0.Z% V 0.1% NO U81 gi48µMlo Gtl10n0M 6L 02,M I W,500 P 3B% 00 0.1% No Y3U01196WI19 OlAmy $&6NRICMT TARES OAK WOW CENTER,* TABLE F-2 2009 PM PEAK PROJECT ASSIGNMENT OAKWOODS CENTER LLIPA erlwr 6LD I610 3619 C 75% -1 0,0% I No •floor 6LD 1650 361 C IS% -1 0.0% INe ea 1,6q 3613 C 75% -1 0.0% I No n 6LD 4AW 31m D 30% -1 m N. PERMro 6LD 1 ]Y]0 D 50% 1 N. so 1401dNalm wY 61D 1.680 )5)0 D mm 5 N. 41BDn3 Rd 6LD 1 ]Y]0 D 95.0% 9 No 6LD 16p ) C %0% 5 6LD {6!0 3,W C Y30% 5 6LD 1Emo 3W C 60% l No LD Im l5W C 53% -0 No 6LD 1,660 J,560 C 55% 1 Ne Wdbf e0 I.M 9 ffiw W u 6" 16.950 35m P am J 0.0% No SWWFWYC116MPY 6L% I 16,M t1,D0 I I I 61.0% ♦ 0.0% N. 3W 1P McOskww 31W 19a605drliRdl IL 1030 ID% 0 00% N. WI SAudo31Y514Bn Y IL 31110 1 ],M 1 5 1 2.0% 0 0.0% N. 9WWFO4GNflMqI IL 1,110 um P 260% 0 00% Ne 1 v fL 071%LW I 014atlryp$IGN6CANT TABLES CAN CQ 3CENTER 11. HSQ GROUP, INC. Consulting Engineers • Planners o Transportation 299 W. Camino Gardens Blvd., Suite 301 Boca Raton, Florida 33432 (561)392-0932 Phone • (561)392.2760 Fax April 18, 2007 (Via Fax) Mr. Dominic F. Orlando, P.E., Director of Public Services CITY OF DANIA BEACH Public Works & Utilities Department 100 West Dania Beach Boulevard ,s Dania Beach, Florida 33004 JU4 1 } 1001 Re: OAKWOODdu3;E' HSQ Project Number. 0703-08 Ma Pi i1ftent Location: City of Dania Beach, Broward County, Florida Section 33/Township 50 South / Range 42 East Dear Mr. Orlando: Our office is working on a new project which is located within the City of Dania Beach. The developer is proposing to construct approximately 17,000 square feet of commercial retail space within a 1.78 acre site. The property is located at the northeast corner of the Intersection of Stirling Road and Southwest 18th Avenue. At this time we would like to request a water and sewer availability letter from your department for the above referenced property. Please include the following items in the letter. 1. Location and sizes of existing water mains, gravity sewer mains and force mains within the subject area. 2. Capacity issues and possible required upgrades regarding existing water systems, sewer systems and downstream lift stations. Attached you will find a copy of the location map and proposed site plan for this project. Thank you for your assistance in this matter. If you have any questions or require additional information, please do not hesitate to call our office. Sincerely, HSQ GROUP, INC, ntonio Quevedo, P. . I ZAProjects\2007\0703-08 Oakwood Shoppes\Correspondence\070308-W&S Service Letter.doc , l � 11 L YYYVVYY r I ' ' -- g - j11 I ! lu I trrIT z jai it !t 11 I t ! I ! I I =� 1 I i !� � i poi it ii i � Zi it -1-11NUILLF AAV 4191 1 '•i i ' ' I i • i I i i I i i I i N Y � N 4 o/ 00 N W ck: I z✓nl u� wv V LL O Q �NQ O IU ZNLn p _ _ . _ _ — . _ _ — _ _ , _ _ _ . _ _ _ � I I E'M'S NO 3f1N3nV H191 Z F, Z~ z 71 <O 61-0 4 P UWz u I I� 0'" ovoa aooMSN3nva I v JO 44p C I Ecc O O [ WM �8 �nZ z 7) (ll O p w ® 3 N 0W r BR;V.-,WARD COUNTY COMM EWIROWENM PROTECTION DEPARTW I(r-nl01091u1 Remurona Divebn C: V1,09 Aedri ace'. 115 South AMreNa Avsnw,Room A 240•Fon Lsuaekan.FbMs]3301 954-519?12N1•FAX 954-519-1412 i May 31,2007 Phillip R.Jimmsti A Associates,Inc. C/o Ms.Karin L.Melton 12730 SW 12'Court Davie,Florida 33325 Re:Jurisdici tonal Determination,approx. 1.74 acre site Folio No:SO4233000630 NE corner of Stirling Road and SW 19'Avenue Section:33 Township:50 Soots Range:42 Ent EPD File No. WD0704-006 Dear Ms.Melton: Based on information on file with this office and a site visit conducted on May 9,2007 it was determined that,at this time,then are no Deparnoesajurisdictiosul wetlands on this site.This letter does not constitute a waiver of review by the Land Use and Permitting Division of this Department prior to construction or other activities. This determination was made according to the Natural Resource Protection Code definition of Regsdared Agaark and Wedaad Resosrrms and Section 27-334(e),which incorporates the wetland delineation methodology ratified by the Florida Legislature and implemented in 62-340 F.A.C. In the event of a conflict with a delineation conducted by the Florida Department of Environmental Protection cr the South Florida Water Management District pursuant to 62-340 F.A.C.the determination of said Agency will be the controlling delineation. This determination is valid for a period of no mom than two(2)years from the date of this letter. Removal of eaotie vegetation would not require a permit from this agency. Other activities, e.g. lake or canal excavation,regulated under Article b of the Natural Resource Protection Code,may require a license. The applicant is encouraged to contact the Department at the earliest convenient time to discuss licensing requirements. This letter does not constitute a waiver of review by the Developmnt Management Divlelon of this Department or the City of Plaotadon prior to cleariag and grabbing. Please be advised that you may also have wetlands and/or other waters of the United States on your property,which would require receipt of is Department of Army(DA)permit prior to any dredging or filling activities.Please be&warn that receipt of a note or local government permit does not obviate the need to obtain a DA permit prior to commencing work.For more information about the DA Regulatory Program,you may access the Corps•website at: 61r2//w 'sai ace a t 7/pe U' d him/ You may also contact local Corps regulatory office for additional information at one of the following numbers:(561)472-3508,(561)472-3506 and(561)472-3517. If you have any questions,please contact me at the above address. Sincerely, eP in a Sunderland, Wetlands Resources Section CC: Frontier Development LLC,Owner Georgia Vince,DEP Barbara Conmy,SFWMD Leah Oberlin,ACOE Ivan Pato,City of Dania Beach erawwd Cour4r nowd of Counts Can reabnan J.1.E99asason,Jr Sw Ow W,l-MdaM D Jamb-Kan Kaad9•Mwe Labe~• Sal Ray•kM E Redaean,Jr•noes wary,man.R: -La.W..M, .bnmvnl.o19 I l • d A I a#a� ao ui n It LLI CY . :Pr • • h r • 04Lo I ijt - CL •CY ' � LLI CY Ll ry sz I 1 • �.r � r". K I L 1. .. _ - y h PL-36-07 / LU-37-07 CITY of DANIA BEACH NOTICE of PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held before the CITY COMMISSION, on TUESDAY, September 25, at 7:00 a.m., or as soon thereafter as possible in the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing an comments which might be made to the following request: P P g Y g g 9 Attorney Keith Poliakoff with the firm Becker & Poliakoff, representing the property owner Robert Krilich, Sr. of Oakbrook Realty & Investment, LLC., is requesting the following for property generally located at the Northeast corner of Stirling Road and Southwest 18th Street in Dania Beach: PL-36-07 - Perimeter Plat request for the "STIRLING ROAD PLAZA" Plat. LU-37-07 - A Future Land Use Plan Amendment from"Parks and Recreation" to "Commercial' Legally Described as: A Portion of the West %2 (W %2) of the Southwest '/4 (Sw '/4) of the Southwest '/4 (Sw '/4) of the Southeast '/4 (Se ''/4) of Section 33, Township 50 South, Range 42 East, Broward County, Florida, being more particularly described as follows: Commencing at the Southwest Comer of the Southeast ''/4 (Se '/4) of said Section 33; Thence North 00 Deg 43 Min 45 Sec East on the West Line of said Southeast '/4 (Se '/4), a distance of 73.88 feet of the Point of Beginning; Thence continue North 00 Deg 43 Min 45 Sec East on said West line 181.94 feet to the Westerly prolongation of the most Westerly South line of"Hilton Gardens at Stirling Road" according to the Plat thereof as recorded in Plat Book 171, Page 16, of the Public Records of Broward County, Florida; Thence North 79 Deg 36 Min 25 Sec East on Said Westerly prolongation and said most Westerly South Line 171.84 feet; Thence continuing on the South line of said "Hilton Gardens at Stirling Road" North 83 Deg 06 Min 46 Sec East 168.05 feet to the Southeast corner of said "Hilton Gardens at Stirling Road", said point being on the East line of the West '/2 (W '/2) of the Southwest '/4 (Sw '/4) of the Southwest '/4 (Sw '/4) of the Southeast '/4 (Se '/4) of Section 33, Township 50 South, Range 42 East; Thence South 00 Deg 48 Min 44 Sec West on Said East Line 254.04 feet to the intersection with the North Right-Of-Way line of Stirling Road as shown on Miscellaneous Map Book 5, Page 21, of the Public Records of Broward County, Florida; Thence North 89 Deg 59 Min 21 Sec West on said North Right-Of-Way line 193.58 feet; Thence on the North Right- Of-Way line of said Stirling Road as shown in Official Records Book 23584, Page 103, of the Public Records of Broward County, Florida the following three (3) courses and distances; 1) North 85 Deg 19 Min 40 Sec West 26.60 feet to the intersection with the arc of a curve concave Northerly whose radius point bears North 00 Deg 42 Min 03 Sec East; 2) Westerly on the arc of said curve having a radius of 2245.34 feet, a central angle of 2 Deg 38 Min 12 Sec and an arc length of 103.33 feet; 3) North 36 Deg 38 Min 09 Sec West 18.81 feet to the Point of Beginning. Said lands situate, lying and being in the City of Dania Beach, Broward County, Florida containing 76,849 square feet (1.7642 Acres.) Copies of the proposed request is available for viewing in 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 Mailed: Friday, September 14, 2007 LOCATION MAP W DAYIA BEACH BLYD � _. 1 F _ IRO � r I 0 M J y U C-2 Z ,� A y� This site. I RO M ACCESS RD z ad F— �I ` Z yi S C W m r C-2 m STIRLING RD _ LLI os Y r- o N C H r 0L g9 o C V d M N Y a J o E a Q r- rn co MN Or CC) O CO N E a co 'I*' , corn co n J J (0 N 4) M (p N N 0 N O e14 O M In Cf) to M coM _I i M M J N O N J �" M 'T U O J w U Z - O U o o r- M LL o q M lL W Q M M N W M !L M W J !L g O N M M C J M w w 0 p W - N 0 W LL LL (O M 0 p LL F- 2Z W F- a * w F- 00 Mi W O H Y 0 Q p Y J Y O O co M CO 0 0 W0a2202w 000MM (' � O � 000Z 0zY > °ozx -iLL - g UM < 0Fm0 - - w � �i¢ ¢ JO ¢ � O2 ¢ OOaa000 UOO LL022 U' 022 0LL2 CD Cl) w } W 0 p ar7n O o ¢ K0M > G� r, OX IT Wp p _jw m f` W H M � J moo O Wa Ow m000 d' > U � �40No J NN > p > HZ Jx WOQ W Q m r) O M Q Q � M 0 > to = p b)r' .� o D < L) ZUvoio � QOJ � 0_ k0x E0 aa) O0 w < 0C, x u ° � � m � Um i ' Q Z2 � ZJ w � O m CO ZSWIT . o - LL U W JO CO O LL c Om m000 N Z N OM 031Mf1 00 'f O (0 r- N O2O coo (O 011- O V O r 22 04 - CO as CO NN co NC4 Z p 0 J J J Q SdS J = J F- Z 0 N p too? > J zug w i � kI � _ � _ � ¢ wJo 00 0) d3s p � ¢ z ¢ ao = WZaam , ` ' 7� d�Cca az22Ywod - < M - w00 w Cd -j5MzQOyFzOOowa > O � � � g � � °oY " � Qz ¢ O ¢ Z FYZOXM pvo Z ZOO co QJ Qo _ M WDOLLµ � oo coce) OUYOn � aWw4Nt-ng2Q W U' L L O O N O O O O O O O O 0 0 O M IT (n N M N (O ' N N N N (0f0 (0000000 000000 o MM 000999949999990 f0 N L 666a1m OMMM 0000 ' AM 'E C U O O O g O 4 M v q 0 1 1 , 1 1 _ MM1° MMMMMMMMMpvcvvv o OO M (? <? MfMM MMM (? O 04000 (D p M a 0 0 0 0 0 0 0 00 - - (D Q to LO LO ID Ln Ln in Ln In U) u) LO IO (O in (O NARD MiamiHerald.com/Broward I THE MIAMI HERALD — --- - LU-37-07 CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING LAND USE MAP AMENDMENT J Data Ssptamber 25,2007 nme: 7.0 isis or ae no thereafter as poeetba PI"W. Dam BnO A&Aaommisslimmmi troll"Cenar , lUlwaet Dana Be"Bhd Darla Bead\Ronde 3=4 j MOTU a HERE/Y WM tla4 a We be hw be"tla for tb the RIM Bedw& prrfpoM et hnrMr�eta�iab�obb alipM ee made to the ta!nopweap ngne�.. ,. d 1rU� & 11VN111erdt1C,.Mre9W41.�{�sk Ara s Fraeb ti, Ntirlt�epd Recrelll' :+ t. M.r uu LoCdW •, PM*V isDenerMly totaled-its Nordleeet corner of-G - "!bM aril BauBlriaM i18Ip Slneth►OaR(.BOeth. , ,r, r . � ' ' AN ORDINANCE OFTFIE t�iY•0�D11Nf11 , FLdRt01l RIF�StE LAND UK PLM, ELEMENT'OF THE LOCAL� N RE TO A BY A7TOFWEV KElW POLMOOF WfiH THE FFW BECKER A POLIAKOFF BED , I A VAROOM,, KKRI OF OAKBROOK MALN & INVESTMENT llC,. B M..'CO PROPFATY LOCATFa: 4THE NO CORNER OF SnR A�$q f.1IT�f1 liTAFkT, IN IBft 0A A QF . ATfAGHED TD T19R a EFl INS FOR CQN� EKH PROVWGFOASEYF A tf'f R PRDVIpRNiFDRAN A location map doubling the effected arse Is strewn Delm. .o 1 u ___,,,�_--------- l '� ' I For lif mIstlon about changes to the City of Dante Beach's Land Use Map, contact the Community Development Be 100 West Danis Beach Blvd., Dania Beach,Florlds between the hours of 8:00 am.and 4:00 p.m.,A&X*y—Flay Please call(9"924-3645 for Moro Information. Interested pwtes may appear at to public hearing and be heard with respect to the proposed petltlan. In accordance with the Americana With Dlsabllitles Act persona naedbo assbthr�e_m perlkiP�In any of these proceedhge should rw- the Mr Clanks afllce. W.Dante Beach Blvd,uluua Beach,FL 33004, (9"9243B29;at Wd 4B lroura pia tD the meellng.Dpyy klnqp Bmdorft CanniWon with regard to irao considered at tpk�hee %wli rammed yrecord of N pro- c!"o and for suck fa'Poee may need to errelae Bata record of the pmceedNQ&11 mede, which record Includes the teelbnony and evklence upa►wtrloh the appeal Is to based• Lou Ann Cuminghem PoDtl led FddAa,Septwrrpgf t4,109 CITY OF DANIA BEACH Agenda Item # �. Agenda Request Database Date of Commission Meeting: 9-25-2007 Adopt Resolution ❑ Adopt Ordinance(1st Reading) ❑ Adopt Ordinance(2nd Reading) ❑X Award Bid 1RFP ❑ Presentation ❑ Continued from: ORDINANCE NO.2007-020-AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST MADE BY LINDA STRUTT CONSULTING,INC.ON BEHALF OF THE PROPERTY OWNER RAFAEL GANEM OF GREEN APPLE INVESTMENTS CORPORATION,FOR THE'CORFU PLAT',SUCH PROPERTY BEING LOCATED AT 2311 SW 45TH STREET,IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT'A',A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS,HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE'CORFU PLAT';PROVIDING FOR SEVERABILITY;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. r+w+^a�p ,FNmms 'xi"r ParGhaS[n �U@Sts tl! P4' - rz y 11 L ; . ilevets.,�rc: ..,�.'..�,_u .n.,.isr.... Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Sum mary,F�xplanationmacckkground y PL-27-07: Linda Strutt Consulting, Inc., on behalf of the property owner, is requesting a perimeter plat for a single family home located at 2311 SW 45 Street. (Second Reading) i Pi ,tAIL actlCast Stimmar r s _ z ` , rt k y ., Ordinance Staff Report Application Public Hearing Notice Location Map Mailing List Plats Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by LOU ANN CUNNINGHAM Date 09/18/07 Department Director LOU ANN CUNNINGHAM Date 09/18/07 Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date User Creating Item Item Name (do not use/or\in name) LouAnn Cunningham CORFU PLAT 2ND READING Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2007-020 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY LINDA STRUTT CONSULTING, INC. ON BEHALF OF THE PROPERTY OWNER RAFAEL GANEM OF GREEN APPLE INVESTMENTS CORPORATION, FOR THE "CORFU PLAT", SUCH PROPERTY BEING LOCATED AT 2311 SW 45TH STREET, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE "CORFU PLAT'; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the plat to be known as the "Corfu Plat" (PL-27-07), such property being located at 2311 SW 451h Street, in the City of Dania Beach and legally described in Exhibit "A", a copy of which is attached to this Ordinance, is accepted and approved. The City of Dania Beach consents and agrees that such plat may be recorded in the Public Records of Broward County, Florida, upon further approval of all agencies of Broward County, Florida, having jurisdiction in the matter. Section 2. That the dedication for public use of all streets, highways and alleys, as shown on the plat to be known as the "Corfu Plat", is accepted by the City of Dania Beach, Florida. 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. 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 5. That this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on August 28, 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 2 ORDINANCE#2007-020 EXHIBIT "A" - "Corfu Plat" LEGAL DESCRIPTION THE SOUTH 140.00 FEET OF THE WEST 55.50 FEET OF THE EAST 202.00 FEET TOGETHER WITH THE WEST 4.50 FEET OF THE SOUTH 146.00 FEET OF THE EAST 206.50 FEET, ALL OF TRACT 6, BLOCK 4, OF SECTION 29, V, OF THE PLAT OF SECTION 28, 29, 31 AND 32, TOWNSHIP 50 SOUTH, RANGE 42 EAST, RECORDED IN PLAT BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LESS THE SOUTH 25.00 FEET THEREOF FOR ROAD RIGHT-OF-WAY, SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. 3 ORDINANCE#2007-020 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: September 25, 2007 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director G �_ FROM: Corinne Lajoie, AICP, Principal Planner SUBJECT: PL-27-07: The applicant, Linda Strutt Consulting, Inc., on behalf of the property owner, is requesting a perimeter plat for a single family home located at 2311 SW 45 Street (SECOND READING). PROPERTY INFORMATION ZONING: Single Family (R-1C) LAND USE DESIGNATION: Low (5) Residential ADJACENT SITES Zoning District Existing Use North Broward County Single Family House Single Family (RI-C South Broward County Vacant Single Family R1-C East Broward County Single Family House Single Family (RI-C West Broward County Single Family House Single Family R1-C The subject property is located on the north side SW 45 Street, south of the Dania Cut-Off Canal. The property is approximately 6,600 square feet in area. The property is surrounded by single family zoning. This project was reviewed by the Planning Division, Public Services and the Fire Marshal. The following outstanding comments shall be addressed prior to this project being heard by the City Commission unless stated otherwise. 1. Must provide copy of Broward County staff comments prior to second reading of the City Commission (Planning Division). 2. Must obtain a tree removal permit from the City prior to removal or relocation of any existing tree, no clearing permitted (Planning Division). 3. Applicant to indicate if property owner owns additional property abutting the subject parcel (Planning Division). 4. Article 11, Sec. 19-71 of the City Code requires dedication of City park land. Based on the formula identified in the City Code, the applicant must provide 392.04 square feet of park land. A dedication to the City's Park Fund may be made in lieu of park land dedication at the discretion of the City Commission. If payment is preferred by the applicant, an appraisal of the property is necessary to determine the amount of payment. 5. Must place a note on the face of the plat stating: "No building permits shall be issued for the construction, expansion and/or conversion of a building within this plat until such tie as the developer provides this municipality with written confirmation from Broward County that all applicable impact fees have been paid or are not due." CITY COMMISSION PREVIOUS ACTION On August 28, 2007 the City Commission recommended approval/denial of the requested plat. PLANNING AND ZONING BOARD RECOMMENDATION On August 15, 2007 the Planning and Zoning Board will hear this item. The Board's recommendation will be presented at the City Commission meeting. STAFF RECOMMENDATION Approval, subject to conditions. The plat complies with lot width and depth requirements. CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET Route Date 9/23I2007� �PL•23-07 - MAY 2 9 2007 --- Project iCorfu Homes Inc Fc 0 504229011483 (Green Apple Investments Inc Plannin .PLAT.. 9 _ -_... .._-_ __ _. PLEASE REVIEW THE ABOVE REFERENCED PRO E INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF BAi16N PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Routs Via: Mall ❑ Pick Up 11A In-house L] Fire Marshal D Landscape ❑ BSO❑ Public Services W01 Planner❑ Other Consultants LCGA Approved as submitted Denied [� ` Comments must address prior L.j Approved w/conditlons to PZ/Commission hearing List Conditions I i I Signalure • ' �/ • ' \ Date Dvtv,I C Print Name i CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET 0'N Route Date 523/200 L��1L7 1'y Lop Off PL-27-07 ---- --1 Project Corfu Homes Ins. olio 504229011483 --1 IIG�reen Apple Investments[no JUN 0 1 2007 J a PLEASE REVIEW THE ABOVE REFERENCED P JE S T BE INCORPORATED IN THE e " COMMUNITY DEVELOPMENT DIRECTOR'S STAF lb" Ae E PLANNING AND ZONING ° o BOARD AND CITY COMMISSION.THANK YOU. d f l Route Via: Mail❑ Pick Up In-house❑ Fire Marshal Landscape❑ BSO Public Services Planner❑ Other Consultants L)CGA . -• . . r • a'.. . ,.y..r r'. �+.+ Apr. �c' y in :P; Yf' Approved assubmi Denied(] Comments must address prior j Approved wlconditlans�) to PZ/Commission hearing List Conditions Signature Date SOaJA an tl Print Name Corinne Lajoie, AICP July 18, 2007 Corfur Homes, Inc plat; PL-27-07 Broward County Rl-C zoning 1. Mayor is not longer P. Flury, it Is Robert Anton. Revise signature block accordingly. 2. Remove my name from signature block, should be Public Services Director. 3. Must provide copy of Broward County staff comments prior to first public hearing. 4. Article 11, Sec. 19-71 of the City Code requires dedication of City park land. Based on the formula identified in the City Code, the applicant must provide 392.04 square feet of park land. A dedication to the City's Park Fund may be made in lieu of park land dedication at the discretion of the City Commission. If payment is preferred by the applicant, an appraisal of the property is necessary to determine the amount of payment -- 5. Must place a note on the face of the plat stating: "No building permits shall be issued for the construction, expansion and/or conversion of a building within this plat until such tie as the developer provides this municipality with written confirmation from Broward County that all applicable impact fees have been paid or are not due." City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (934)924-3645 General Development Application t] AdminN raft-Wriance • I IOtwrrirt of IIIAK/Reserve Unft O Lard Use Aamullrn tt oPW RMa Delsoodm.aor Ragrtest WRC�SSU Date Reed: 5 3 a1 v scum�n MAY 2 3 2002 ped wn No• PLf XrI .07 o ftkw Planning o Vabnoa LIDepartment O vaolim R elun t a onMn TIM APPLICATION WILL NOT iW AOCE►fED tWM IT Id COlWLEf!AND SUIMIT ID Wr M ALL MKIMRRY DOWNWRIM Refer to the apok3tion type at the top of ft form and `Required DoarmentaW dbddtet to determine the supplemental docvmaft required wfth each appNc3ftL For after the fact applications, the responsible contractor of record shall be present at the board hearing. Thelr faNure tD attend may impact upo i iffe -big , No of yore gkmn A3 alway% Bxf appNrantdr tlx# authorized legal agent must be r ma- at at meetirgL AN p*cis must also obtain a txrildng permit from the CWS Building Department Location Address: 2511 5 tj go* 51'r4G4_ Logs): Block: Subdivision: Recorded Plat Name: Folio Number(s):r. 4Z 21 OI 140 Legal Description: {Ifd6& (J!�ad Jv LtgaaMfdl Appiican Ran Legal Representative(drde one) L MCI . sin 1� eod%4,64 r IK6 Address of Applkant._21 ` w U iR t -bfWh4q, �• Business Telephone: 42G, Ift Neft _M4-ft'TD /- Fax: X•0 4 -L 1 Name of Property Owner: Sakai, (unm .:?Mo— Ahem 4MV, *466i MM4-6, lyr, Address of Property Owner: 0• �Jpl GfyBt)36 Id1afY11 i'L. 3 32°f Business Teleovw 1740 •�M 0D Fax: ft LHZ • 12D0 Explanation of Request: ?1&�Prop. Net Acreage: - 14 Gross Acreage: • I G Prop. Square Footage: �la Z•.f1 Existing use: JACai* Proposed use: 614tIf Alai 14 ho*l& Is properly owned individually, by a corporation,or a joint venture? lew*�ufy 0_Ki-15-ifd0b 11:13 FH_":C.U.NUF'_ 4,4- iIJJ-59e't iU: Izo, ic'la o F. OORPMTM NWARUID SriMTURl: Thin ki eo oardhr that the below refereraad aorpmwon Y die oww of liubpa W t deaafM above arld OM t at a duly auderlmd o0loar, haw sutlrorhtd ( ) tp mdoe and Ilk die abmid appkAw Swwn to and arJsulbed bdore me Cayoratlon Nana ThN_day of 20_ sipnabat oft (Print Name) Sign NEE of Notary Public (Prot Title) etataaa( ) hm Name Of Notary Sbeet Addmak City.Shea and Z4 Code Commiaaon B*U: Sod: Tdaphons No.a FaX Na 30M YOMM/VARTN[RSNI!NaAnngo SWNATURE: TM Is to aabry that the below rderim that the 14 au wkw prison art"omm of:ubjw iandt aa.cm.d abort and that all prtners have ardllalaed ( ) �rnalre and nla dr ak r%W apparatwL Svmm��toand aubaar�(lb,e,d blare me Thk_SL}}hdry of 20 _ JJJJ Signature: M—A Gtuwhc►ti U hC�t�'� X 1)� (VrIMName)ra sign Name a oubec state of( ) /r lane Y 0'-,(,6)c:_ 1 S�C, pr"Name of Nohry Sobel AddraM City.State and coat eoemtaem 50m: �L 1 'ZC(„1 3 Da— q I Z-' I ZD-o IMU PUBLIC-STATE OF F, RID0 A TdWwm No.a Fax No. Diane Y. Ganem ExpkW AUG 420096dupk2 te Ov is as requW& Bonded Thru Adandc Bonding l .Inc. �R�ORATZON NOTARIM SaMTIRtlt Omit r L CO*dat elk odow ideaioed cvp mWn is the owns of atoa W"daaopd attove aro d* audrorlad oftw, New wtlketaed m nkbe and roe dk aforewid%VkadW ) Swom to and asbemew bsdrae mf c.wpwadon NmsC T:rY__day of 20_ swdkae: Dab: (gist Mama) Hank of Metwp Iutlk (P*d Too) PrWA IUnk of Nofaey Slat Ad*=4 CRy,Slate and Zip Code Coemlellon Brppu: set TdVhmk No.a Fes Na 30=T VOfi MIPARMEMM NOTARInD XWNAn=: TIN IS b 011* dnt dk below reAersred dkt the day suWortitad Pr•o:k sn d1e owrrore d wbpee dtnde daeotbed above" and that s: prtrsete have molortead M Main and file the aftmmu appkmtwL Sboen tD and arteeat W bel"me ✓ TNIt ° y of 4cio�2 soma e: ` ��+''"`^►fi Win:edo L. Mekin sioyn�i D0521956 Date: 3L b r b!gY 12 2010 of Notary Pubes of( ) ftt NNW ab;�G straR Arldraaa uW,state and ZO cWtovemon own: Telephone tto a fete Na '*Eao Pubm"tat etpn. Attach dupeca a rem as MU JLN-4-2007 01:48 FROM:CD44GRS 954-793-6428 TC: 19549222687 P.2 lop- lipMay 24, 2007 Ms. Corinne Lajoiz,AICP Principal Planner City of Dania Beach 100 W. Dania Beach Boulevard Dank Beach" Florida.33004 _ Dear Me. Lajoir I am owner of the property located at 2311 SW 4e Street in the City of Dania Beach, Florida. I hereby authorize the following to act as agents In all matters related to the platting process for the subject property, including submitting applications and representation before the appropriate committees and boards: Linda Connors,AICP and/or Linda Strutt, AICP 23CROTME Linda Strutt Consulting, Inc. 227 Goolsby Boulevard JUN 0 : 2007 Deerfield Beach, FL 33442 (954) 426-4305 office phone Planning (954) 338-8870 cell phone Department (954) 725-3342 facsimile Should you have any questions regarding this request, please contact me at (305) 412-1200. Tha yo , Rafael Ganem Green Apple Investments Corporation Pii3n,,6,r4j Ugpartrilellt 69711YW U"'Avenue 9 Miami Florida 33166•Phone/FAX. 305.412.1200 PL-27-07 CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held before the CITY COMMISSION, on TUESDAY, September 25, at 7:00 p.m., or as soon thereafter as possible in the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following request: PL-27-07 - Linda Strutt Consulting, Inc. on behalf of the property owner Rafael Ganem of Green Apple Investments Corporation is requesting a perimeter plat request for the "Corfu Plat", for property located at 2311 SW 451h Street, in the City of Dania Beach. Property is Legally Described as: THE SOUTH 140.00 FEET OF THE WEST 55.50 FEET OF THE EAST 202.00 FEET TOGETHER WITH THE WEST 4.50 FEET OF THE SOUTH 146.00 FEET OF THE EAST 206.50 FEET, ALL OF TRACT 6, BLOCK 4, OF SECTION 29, '/I OF THE PLAT OF SECTION 28, 29, 31 AND 32, TOWNSHIP 50 SOUTH, RANGE 42 EAST, RECORDED IN PLAT BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LESS THE SOUTH 25.00 FEET THEREOF FOR ROAD RIGHT-OF-WAY, SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. Copies of the proposed request is available for viewing in 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 Mailed: Friday, September 14, 2007 LOCATION MAP CORFU PLAT- 2311 SW 45TH STREET SW44Tx sr w OS IN$srs Q s 3 y sw'4SI"H ST R1- IROM A c g o za z a >d 5 X C-1 Q SW.46TH CT n N R-3 C-2 T-1 v GJ££ 300�dIZ V1021j Oill�sV L o0z"6 6 $ 0 f O M H I1N11J a l I� O cli oN J � dy9 a zsod sv ?: O M 000 04 C-4 K C IT N ry (� MrM , C7 M M O O O O � N V I I 10 Q r r r r O r r r w r r N r r r r r r r r r r r- � r r d N N t0 10 LO N N 10 t0 i0 10 ((� 10 l0 10 10 u] 10 i0 10 10 (0 10 10 10 � (n i i i 1 1 i i i i l i (O 10 NNN NNNNN � N NNNNNNNNNNCNN NNN co M M M M M O M M M M M M M M M M M M M M M M M M M O M M M M y mmmmmcom N M M M M M M M M M M M M M M M M M M M M M M M M M M M f0 J J J J J J J J J J J J J J J J J J J J J J J J J O J J J J LL LL LL LL LL O LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL O N LL LL LL LL J J J J J M J V J J ;W J -4 J J J J J J J J J J W J J N N J J J J a Q Q Q Q J Q QQ a Q Q Q Q Q Q Q Q Q Q Q a Q Q Q Q N J Q a Q a 0 0 0 0 o LL o W o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o r LL o 0 0 0 W W W W W S W m W W W W W W W W W W W W W W W W W W M o W W W W F- 0 0 0 0 o V o g o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o M O o 0 0 0 55555m :5 555555555555555555LL -1 5 Q F- ~ F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- J F- F- � Q' LL' LL' d' LL' 22' ULL' LL' 2LL' LL' LL' �' Q' LL' LL' R' d' LL' 2' d' d' LL' a' 100000a0w000000000000000000000000 U LL LL LL LL LL o LL LL LL LLLL LLLLLL LL LL LL LL LL LL LL LL LL LL LL O S LL LL LL LL O e N N w W F- F- U N O 0 W W W W W J w W W W W W W W W 2 W W W > c0 w F- > F- F- > F- > F- » » » > W > > > J J oN a U) < w cqz -(gQQF- QfgaaV) Q � QQQaQQaF- F- 000m rnN > 2 SF- Soo2o2022222222 = 522W222Z c E N O r- F- M F- Wo F- to F- F- F- } F- F- F- F- F- F- F- F- F- F- F- F- WF- EN QIX NYN NNN V oNaN V' NNNNNNNI W NNNO � VM 0ox3: 3i3X3 ($ 3: 3: 3: iS �i � � � � � � � � 3 � 3w � � � 0 E E z00Ncn00U) oOlwv) zWU) U) c) 01cf) ) U) U) COU) U) W U) za. U) U) nz `' .- B J 10 m 10 O O CO O C 0 _O .- O O O O N t0 r W 0 O V' LLU a Q MNM MM (O NOMMp s0s�� 0opM0fOM a0 (n d N N d N N V N (0 7 N N d' CO N O IT O M U Z Q J = p M w 0 z w � w rt Z a L) Z W z W W -j 0 m U w_ o Z OY �r W 0 JLL' C c � 0000 z a � 2z �am> � � 5 LU Du x Nz wU) Q Z � � aQa ZzowQzv Z < ) U) x cr uj 0Ew ~ rg oW Ww w wzzzOo OVwoo ¢ F- 2Jm wOzYxJ a � WcgW0E- mQW _ 2 uw) Ja � 0OUo0 0 zQZWDDRQ = o � Z 03 OZW � � 20 0av3 l LL a � O 0 > LLm < �0CC oWO Jwaz 1 � � � � ¢ a.0C -1oLL � Z U Z 0o ¢¢ 0 � � ¢ � �Z0M n0 O Q pQog0Q aULLaO Olw0E- FO > oco �> aaw � � WU' � , Um2 L l0 U O0 O000mMow m MOM t001 . N M yr a0000 � 00 (0 0 0 m m 00 M r r r r r r w v c0 c000 to o 000000 to r 0 m m m C� 3 N MM703 1111 < V Q1 ` V a .11 . (0N ( . . . LLY M , NMMMO 00999 M . 1 11 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 lCL � � � � �- e- � � � '- � � � � '- e- NNNNO Ec8 9999999999999999999999999997 - - - 9 o m m y MM M01 O1 O W N 0 2 0 m N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 � p N a O O O O O g O O O O O O O O O O O O O O O O O O O O O O O O O O N U 0 Q 0to 0 10 10 (o 0 0 10 0 10 (0 10 0 (0 10 (0 10 Lo 10 0 0 (0 0 0 (0 00 0 010 0M CITY OF DANIA BEACH Agenda Item # Agenda Request Database Date of Commission Meeting: Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑X Award Bid/RFP ❑ Presentation ❑ Continued from: ORDINANCE NO.2007d16-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 REOU EST BY FLORIDA POWER AND LIGHT,TO REDESIGNATE FROM'CONSERVATION"TO'UTILITIES'CERTAIN PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF SE 5TH AVENUE,BETWEEN BE 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. g ggW; �� Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ElStormwater: ❑ Grants: El capital: El Summary Explanation/Background .,,.a„w.. ,. .�..�.'._�.....,..... .... . .,. '�.:. .,. qua,... ,.,.....,�..u:k......�..us.,.., .k.>ix....,,. �..a:.,.._. ..,w ._..�:i.k 2.{...,.. ..,,.: 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" (SECOND READING). TL Ordinance(2nd Reading) Staff Report Application Deed Restriction Exhibits "B" Land Use Application Public Hearing Notice Map Mailing List Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 OWN Submitted by LOU ANN CUNNINGHAM Date 09118/07 Department Director Laurence G. Leeds, AICP Date 09MB/07 Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date User Creating Item Item Name (do not use/or\ in name) LouAnn Cunningham FPL LAND USE- 2ND READING Commission Action: Approved: ❑ Denied: ❑ Continued to: 0 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 3' 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 5"' AVENUE, BETWEEN SE 3RD STREET AND SE 3RD TERRACE (301 SE 5Tu 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 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 August 14, 2007. PASSED AND ADOPTED on second reading on September 25, 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 114) 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: September 25, 2007 TO: Ivan Pato City Manager From: Laurence Leeds, AICP, Director G 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" (SECOND 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 51h 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 i 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 5`h 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. The City Attorney indicates approval of "Utilities" land will allow future expansion of the substation footprint without any City Commission approval. PLANNING AND ZONING BOARD RECOMMENDATION On July 18, 2007, the Planning and Zoning Board recommended approval of the required land use amendment. CITY COMMISSION ACTION (FIRST READING) Approval. SUPPLEMENTAL COMMENTS (September 18, 2007) FPL has submitted two new exhibits to the deed restriction: the "height profile" of the replacement substation and the future station modification/expansion area ("building envelope"). Both exhibits are attached to your backup. The current proposal shows 162 feet of electrical equipment fronting SE 5th Avenue. This includes 91 feet of low-rise (25-foot high) equipment and 71 feet of high-rise (47 feet high) equipment. The building envelope would allow 187 feet of equipment fronting SE 5th Avenue, including 116 feet of low-rise and 71 feet of high-rise equipment. Based on the deed restriction, FPL can replace or add equipment within this area without City Commission approval. The City Attorney needs to determine if the Commission can deny approval to expand the substation beyond future building envelope "without cause." Return to:(enclose self-addressed stamped envelope) Name: Deborah M. McTigue, Esquire Address: Ruden, McClosky,et. al. 200 East Broward Boulevard l5th Floor Fort Lauderdale, Florida 33301 This Instrument Prepared by: Deborah M. McTigue,Esquire Ruden, McClosky, Smith, Schuster& Russell, P.A. 200 East Broward Boulevard 15th Floor Fort Lauderdale, Florida 33301 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS ("Declaration") made this of 12007 by FLORIDA POWER & LIGHT COMPANY, a Florida corporation, having an address of 700 Universe Boulevard, Juno Beach, Florida 33408 ("Declarant"), shall be for the benefit of the CITY OF DANIA BEACH, a Florida municipal corporation, having an address of 100 W. Dania Beach Boulevard, Florida 33004 (the "City"). WITNESSETH: WHEREAS, Declarant is the fee simple owner of that certain parcel of land located in Broward County, Florida, as more particularly described in Exhibit "A" attached hereto and made a part hereof("Property"); and WHEREAS. Declarant intends to construct a new electrical distribution substation on the Property ("New Substation") within the area more particularly described on Exhibit "B" ("Substation Footprint"); and WHEREAS, Declarant agrees to restrict the development of the New Substation within the Substation Footprint in accordance with the terms and provisions of this Declaration. NOW, THEREFORE, in consideration of the promises and covenants herein contained, Declarant hereby declares that the Property shall be owned, held, used, transferred, sold, conveyed, demised and occupied subject to the covenants and restrictions hereinafter set forth, all of which shall run with such Property and any part thereof and which shall be binding upon all parties having any right, title or interest in such Property or any part thereof, their heirs, successors and assigns. FTL:2317471:2 August 27,2007 1 1. Recitations. The recitations set forth above are true and correct and are incorporated into this Declaration by this reference. 2. Property Development. Declarant hereby declares and agrees that Declarant shall not expand the New Substation beyond the Substation Footprint or install substation equipment within the Substation Footprint above forty-seven feet (47 ft.) within the area designated "High Side Equipment Area" and twenty-five feet (25 ft.) within the area designated "Low Side Equipment Area" as shown on Exhibit "B", as measured from the finished grade, without the prior consent of the City Commission of the City (the "Restriction"). Except as otherwise prohibited by the Restriction, Declarant reserves all rights to develop the Property within the Substation Footprint for a New Substation including the rights to construct, modify, maintain, repair, replace and reconstruct the New Substation in accordance with all applicable governmental rules, regulations, laws, ordinances and/or orders and permits. Notwithstanding the foregoing, nothing contained in this Declaration shall be construed as an obligation that Declarant construct the New Substation within the Substation Footprint. 3. Benefit and Amendments. This Declaration shall be for the benefit of and shall run in favor of the City. The covenants and restrictions shall run with the land and shall be binding upon all parties taking title through the undersigned from the date this Declaration is recorded amongst the Public Records of Broward County, Florida. This Declaration shall not be modified, amended or terminated, except by written instrument recorded amongst the Public Records of Broward County, Florida, executed by the then owner or owners of the Property, together with the approval of the City Commission of the City. 4. Remedy for Breach. Any breach of this Declaration shall entitle the City to seek any remedy at law or in equity and, the prevailing party shall be entitled to recover reasonable attorneys' fees and expenses from the non-prevailing party. In the event of any breach of any provisions of this Declaration and any delay or failure on the party of City to exercise any rights, powers or remedies as provided herein shall not be construed as a waiver or acquiescence of any of such rights, powers or remedies of the City. 5. Recordation and Effective Date. This instrument shall not become effective until recorded amongst the Public Records of Broward County, Florida. Once recorded, this Declaration shall run with the Property for the sole benefit of City and shall bind all successors and assigns to the title of the Property. 6. Severability. If any court of competent jurisdiction shall declare any section, paragraph or part thereof invalid or unenforceable, then such judgment or decree shall have no effect on the enforcement or validity of any other section, paragraph or part hereof, and the same shall remain in full force and effect. 7. Captions Headings and Titles. Articles and paragraph captions, headings and titles inserted throughout this Declaration are intended as a matter of convenience only and in no way shall such captions, headings or titles define, limit or in any way affect the subject matter or any of the terms and provisions thereunder or the terms and provisions of this Declaration. 8. Context. Whenever the context requires or admits, any pronoun used herein may be deemed to mean the corresponding masculine, feminine or neuter form thereof, and the FTL2317471:2 August 27,2007 2 singular form of any nouns or pronouns herein may be deemed to mean the corresponding plural form thereof and vice versa. 9. Applicable Law and Venue. This Declaration shall be interpreted and construed in accordance with and governed by the laws of the State of Florida with venue for litigation in Broward County, Florida. [THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK.] FTL:2317471:2 August 27,2007 3 IN WITNESS WHEREOF, Declarant has executed this Declaration of Restrictive Covenants on the day first above written. WITNESSES: FLORIDA POWER & LIGHT COMPANY, a Florida corporation By: Print Name: Print Name: Title: Address: 700 Universe Boulevard, Print Name: Juno Beach, Florida 33408 STATE OF ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 2007, by , as the of Florida Power & Light Company, a Florida corporation, freely and voluntarily on behalf of said corporation. He/She is personally known to me or has produced as identification or is known to me personally. Notary Public My Commission Expires: Typed, printed or stamped name of Notary Public FT1:2317471:2 August 27,2007 4 EXHIBIT "A" Sketch and Legal Description DANIA BEACH 1 BOULEVARD STIRLNG SITE ROAD SE 3rd ST• SE 3rd TERR. & cr3 Z < 2-51-42 a z 2 V SHERIOAN STREET d LOCATION SKETCH NOT TO SCALE 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, Ftoridp, 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 L-ie State of Forido, by Quit Claim Deed dated January 31, 1958, reecrded May 20, 1958, n Official Records Book 1227, Page 19, of the public Recards of Broward County, Florida. Said lands situate in Broward County, Florida and containing 130,601 square feet (2-998 acres) mare or less. FTL:2317471:2 August 27,2007 5 °sp 1 1II .� Fe 7 $c nse,g Ij .RiisYi r' L i4lo g Y. S• F FII I II, p2 1 L J' � P a:g .p 0 - v` 9 Y' 6� A F — '1 3 Y S.E. 5Th AVENUE I � J v cE i 27 a o i I� f \ A �> C 1> < f l wi EXHIBIT B isN MOM JUL 3 U 2091 Planni FPL Y' { De artmen July 27,2007 Mr.Larry Leeds Director of Community Development City of Danis Beach 100 W.Denis Beach Blvd Dania Beach, FL 33004 Dear W.Leeds, We at FPL{mow how important reliable electric service is to you and all the other members of the conummitles we save. To continue to provide reliable service and meet the Nun 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 lad 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. Since�ly, / 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 Lottler, Christine From: Leeds, Larry Sent: Monday,July 30, 20071:58 PM To: Lottler,Christine Subject: FW.. FPL Dania Substation Attachments: Dania Substatlon.tlt FPL Dania West Elevatlon.JPO; FPL Dania East Elevatlon.JPO;FPL Dania North Elevatlon.JPG; FPL Dania South Elevation.JPO; FPL Dania Site Plan.JPO Leurwice Ludt CMWyj of ow.Beerat JOG Wad Owde Beach Boutevwd D"BeackFL 33004 1 04-924460 eqnst tiedsocidwki-b achAus .. Fronu Dkitersce,Dwayne (malb:Dwayne.Dlckero",Oruden.com, Sentl Monday,July 30,20071:02 PM Tot Lajol%Corinne CCL t4 O,_Wryi gruoe_arbwGfpl,com;dhablbeacaNln-glordano.com;Mel% Dennis;lynrLshatasatpl.com Subtictt 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 ANUK, Wfosk I Attorney 200 East aroward Bculevard Suite 1500 Fort Lauderdale,FL 33301 Direct 954-527-24501 Fax 954.333-4050 Owayne.0lderson®ruden.com I www.ruden.com 7/30/2007 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. Frornt Lajole,Corinne[mallto:cchurchOd.dania-beach.R.us] Senn Thursday,July 19, 200711:30 AM Tot Dickerson, Dwayne Cci Leeds,Larry Subjects 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 (11 x 17 are fine). Also, can we get a copy of the landscape, site plan and survey in digital form Qpg) Including surrourning properties If available for us to use in our PowerPoint presentation, Thanks. Corinne Laloie, Principal Planner City of Dania Beach (954)924-3704 760/2007 I I l 1 I I _.� �: I ,a ' '� J.L. _� �. • �.M, ,mot .• •�1--- Cti.l �r-_ _ .....- 7�'ttll', 1� •� I 4 'L,'I� -• t •.�'y' 7 ,'t y, �' ! • r t l .• I` I� l it i .�' ,1 Ii' i ,I -------- I r+ Its iigl: ;�i,t: . , f/l P 1 -•-1 1 �`�li • 1 1 � � � �'a'11,� �i ;llr�ji; � �(.r ��I�rlrii Jr;l�� I�,,t�� � •�_. +� P .9 . Fir 4�• ��( (r u+ tl i � 11 1 �� � I t!u'� �All�;�. r4tr(IVr'(l a� r _ w ;a+ 'r'i 1 I;;Itrif �ii , .,. .. �a fill iI,,r( I it +, III •r. �ii'fit y a i , �'• �+;;I � { ;lt:;tll �f�i'�' a I N i �1i1 P ' i1 y m ^1 m� xm0 n r Nam= 1�m� rN =•mm m a I I i �_..._......... i 0000 - - I �Q$]y A= iy T •')N � c n <N ko T y N py y yp T�O 1� Si I � i j i i r I � f■ rl III YM r i " IN IL m � mr I Q yD„r M{1wN �e'�lV / ta '• �i CZ i M �. ^� ] AJ 2 t Y ;3 i {� o+ eI a s.t. sM ►vt —•a�4---n- j,l _ r i j►1 .r a {�i ••raZlCalSai" 9 R s i i 5 F"g a �iit{� to 1t . iII R I �' +Pt t 't ;p r It Jill) i� � l�t iiIr - o a i` fill �iN � I { ,il I!dltf t d. 3 t iiii i1 i i a �'il t I � "� ►� i�1 i����' I Leeds, Larry From: Johanna M. Lundgren (JLundgren(Qwsh-law.comj 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 applleatkm. 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 UtiBtles. FPL is seeking this land use map amendment to allow the replacement of an existing distribution electric substation with a new substation. $action 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 Clty land use designation for the substation parcel Is Conservation, although the zoning designation of this parcel Is RS-12,000 Residential Section 10532O8, Florida Statutes provides that new distribution electric substations are permitted uses within d land use and zoning designations with the exception of conservation or historic preservation land use desIgnadona Section 10 .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 'electricel Ines, poles, substations, and transmission facill0se are exQreeak permitted. City of Carlo Beach Comprehensive Plan,- pagit 30, Flolfo nq Ihf fan�oae plel amendmeK thf electric dlstittiudon subatatTo i wil bt a perrrillted use on the subject parcel. Section 183.3208(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, 2008, 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 84(r) of the Cade 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 unmanned relay vault building, the sole building reconstruction of this existing y t g, g 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 183.3208(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 farmed 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 8, 2005 and labeled "Conceptual 7/12/2007 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. Lundgren, Esq. \Vl I"oS SI Ito l'.\ Weiss Scrota Ikltinan PaSIUI'17a Cole 8c Honisku. P.L. Hsi l fib\V ma fast Bruward lilvd.. Suite 11)(10 h\e I ORMA f art Lauderdale, li 33301 Col.i tt 11.uoJugn(&wsh_law- Qm liu�►sI:L et.. rcl:(t)M) 763.4242 Fax:(954)164-7770 I'his mcim,6e, together with any attachments, is intended only, for the addressee. It may contain informatiott which is legally privileged, confidential and atempt from disclosure. if you are not the Intended recipient,you are hereby notified that any disclusure, cup)iny, diuribution, use.or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in ,trig, please nutiry dtc sunder Immediately by telephone(9341 763.4242 or by return e-mail and delete this message, along with any attachments. 7/12/2007 From: Orlando,Dominic Sent: Monday,July 02,2007 10:19 AM To: 'Daniel Habibal Ca: Cunningham, LouAnn;Wflllams, Leo;Urtecho, Joss; Florentine, Kathryn; 'kkennedy®calvin-glordano.comr Subject: RE FPL Dania Subtatlat LUPA Hi Daniel, You need to address the specillc comments made not update any outdated reports. It 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 @xis"use Please contact Lao W clams or Jose Urtecho to conllrm existing utilities, If you would like to schedule a meeting, please contact Kathryn Florentlns. From Daniel H�:DHablbe®cahAn-gWdano.com] Senh Mondeyr 3*A 2007 8:34 AM Tot Orlermbe 00*IC Cc Qrnni glwnr Lwmn Subjech FPL Dania Subtatfon LUPA Mr.Orlandq Wi are in recelptof you comments for the above referenced requesE 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 withi, the adopted comprehensive plan —please provide demand projections and information regarding planner capacity expansions including year,funding sources and other relevant information. • Identify the existing and planned service to .rite -provide information regarding existing and proposer trunk lines and lateral hookups to the amenthnent site. (This site is already connected to city water and sewer, Please confirm in the veriflcatlon letter.) • Please provide its with an updated Letter from utility verifying the above information Potable Water. • Please provide the adopted level of service standard for the service area in wh'rch the amemlment is located and the current level ojservice. (The comprehensive plan current level of service is 200 GPD. The site is already connected to cif water and sewer and no additional demand will be generated as part of this amendment. Please confirm.) y • Please provide its with an updated Leper 'rum Wilily verifying 1 ythe above information NJ2007 Thank You. DANIEL J. HABIBE Planner Planning Department (Broward) Giordano i Assoes, hr./241► OIOM1t ciat IOI6f10M / Broward Palm Beach phone 934.921.7711 pha c 361.684.6161 fasc 934.921.8807 flx:561.694.6360 This transmission may contain infomudon that is pdvilege4 confidential and/or exempt from disclosure and applicable law. if you are not the intended recipient, you are herby notified that any dlsclwur% copyin distribution, or use of the information contained herein (including any reliance thereon) is 9TRICTL PROHIBITED. If you received this transmission in error, please immediately contact the sender and destroy d material in its entirety,whether in electronic or hard copy tbrmat Thank you 7/2/2007 i CITY OR DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET Route08% ProJp FPL DANIA TrUEETATTpN '-- JI•�� 2 � 2i,1�� Pz Lao IU�Fp1 -� L iAii __ ._D USE AMENDMENT Forte I01 _�12plppppjD—-- O AND CTTY�� MD M D RECTOR'S RE T I NPO IN p � T1iANl(Y01� CCMMENCATION To T►II PIANNINO ANDZO Re1111 Vh1 IV1❑ Pick Up Sd nn Awed❑ V►h"❑ �1 Pubk Soa O ❑wl B$o❑ Plamw❑ OtMrConwlteMe�fCDA Approw SIR submitted � t' DMIa Q cam WP2C APOrowowkonalioii p Uaf CondMlp�e �� �— - `�� 0044�by V 9lgnatun D/r���,ZO� 7 Oat@ [[[ PrInt Name X X Orlando, Dominic To: Lajds,Corinne; Lottler,Christine Cc: Williams, Leo; Florentine, Kathryn; Leeds, Larry Subject:FPL Dania Substation, Land Use Amendment LU•38-07 Comments: 1.Pepe 4 Item 51)Typo, delete"The"at and of sentence. 2. Pape 8,Item 8,A)1."201 MGG'should be 191 GP(r 3.Pape 8,Item 8.A)4. Update reply to retied present conditions 4.Pepe 7,Item 8.A)6.Confirm WsWg servlas provided by City. S.PI p 7,Item 8J1)@.Confirm existing servka provided by City. Exhibit G letter from City may need to be rev 8.Pepe 7,Item 6,B)1.Confirm currant level of service, 200 GPO. 7.Pop?,Item 6.6)2.SW 12th"SUeel"should be"Avenue•. S.Pepe 7,Item 8.B)3.Chsdt 4.187 MOD(Maximum)? 9.Pepe 8,Item 6.5117.Exhibl 0 letter from City may need to be revised. 10.Pepr!a Item 8.C)1.Updab minimum floor elevation requirement, 100 year flood elevation plus 1.0 foot Domink F.Orland%110.111. Public Services Director City of Denis Bach 100 W Denis each BNd Dania Baoh,FL 33004 954 924-3744 Fax 954 923.11119 doil denN-besch.A ue 6129/2007 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET Routs ONE i d1JR00T 10 r. ;I• ' )17,j 1 71 l00 Proyeq fF�EANU►EUEEfA-MM l , l j I LAI UU AMMNOMENT --j Fob '114202000040 11 BOARD AND C&ILOR W DIRECTon ETN p nwu-R6-42ii TQ _ TE IN 7H DOMNMESM M NN YOU PLANiMNO AND 20MNt7 Ma 0 Pick up❑ In•neur FIM Mwod❑ Aftissly no Dow Consuhft❑COA .... . _-._..._ _. ApprMnl M wOmItIN� Denied . Coto mmit' �~�E� AW*Vod*AMWkbnM(]' List Condltior4 I � I Signature Date Print Name X X CITY OF CH COMMUNITY DEVELOPMENT BE DEPARTMENT ROUTING SHEET -14 Route ode .9 ProIW F►L TAT10N Jul 141007 i LAND WN AMWMmoff Fok'814 AEFERENCEO P � WARD AND C TyDI ANCd1A1�lEN N ONE I OMIO AMNTDE ON Nm Rout'VIII M.0❑ Pkk LIP saFhmmwsa In Aou»❑ L Pub103w*ft❑ litt ❑ OthwC m❑ P ' • onwkonb❑CGA AOpowd y tut6mkhdlp/� .—� -t .._ ._.-. C�i Cmnnk Mww"o- - ApOrowdwfft-4 ory O Wit_ 1 Ual Condkbne I I� 31gnature oats can a" Print Nam• u v 300 EAST BROWARO WXLEVARO sure IWO Rud en FORT LALDEaOALE.FLOREfA 3=1 1 McClosky TLF ORIDA 3M Foal LAuoEaoALa,naaoa sssoa FAX(964)33s40oe DENNa.MaEOMMMcom November 27,2006 VIA}LAN9 DELIVERY �� �� Thomas Ansbro City Attorney JUN 1'l 1001 City of Dattia Beach n►n9 100 wed Dent.Beach Boulevard Plan Plan none Dania Beach,n 33004. IN _ Rot Upgrade of the Neighborhood Electrical DlatribuNora Substaden located an Me east aide of SE S'a Avenue between SE 34 Street and SR 34 Tomes ("Propomtlp") In the City of Dante Reach("City') Dear W.Ansbro: Florida Power and Light ("FPL'I is proposing to uprade the neighborhood electrical distribution substation located on the east side of SE 5 Avenue between SB V Street and SE Yd Terrace. The Property has a Broward County ("County') land use designation of Low(S)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'l 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:1965901:3 Thomas Msbro 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 Danis Beach Code of Ordinances("Code%nor the Danis Beech 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 LUPAN Specifically, the Residential Land Use category (Attar hntert 4) specifically excludes power plant substation and transmission facilities however, the Residential Lard Use category does not specifically exclude neighborhood electrical distrt'bution substations. The Residential Land Uas category does however, allow public and private utilities, 'Utilities".errs defined (in perdaatt part) by the Plan as "...substations and trammisaian fWHtles which comprise an electric power utility needed to service Dania Beach residents" (Attachment S). The Plas does not offer disdoctions between 'the different types of substations, however, givers the specificity of the 'Utilltiee deflWdm and the specificity of the prohibitions Hated In the Residential Land Use category, it seems cleat that if neighborhood electricat distribution substations were intended to be ere)—stied fWd the Residentiat Land have beep 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,("EE1 ). 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 fiom the transmission system to the customer's premises. The Glossary's definition of Distribution System goes on to sate..."electric energy is reduced in voltage at a local substation and dellvered over primary distribution lines extending throughout the ana when 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 than Uncle over long distances on transmission lines to when the power is needed. On arrival to a no'gh trood, the voltage of electricity is decreased at a neighborhood el"cal distribution substation,making it suitable for distribution to customers. Thar,a local line curia the electricity to a home or business where a nearby tramtbrmer decnasea the voltsge again,making it suitable far a ctutaner's use A graphic showing each of theee 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'$ current Conservation land use to Estate (ly Residendaf This wilt establishf consistency between the-County and'City laird u*" maps and allow FPL to upgrade the neighborhood electrical distribution substation to serve the needs of customers in the City. Recently, Fla. Stat. 1163.3208 (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 an 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 plan approval are not required if FPL's requested Danis Beach LUPA is adopted (which amends the property's land use to Estate(1) Residential) and the proposed facility meet$ the lot and area requirements referenced in Fla. Stat. 1163.3208(unless the City approves lesser requirement* please eonibm if you concur with this analysis and contact me if you have any comment$or questions. Sincerely, Dennis D.Mele Enclosures ` c6 ` Laurence Leeds,Director of Community Development" Bruce Barber,Florida Power dt Light Lynn Shatas, Florida Power&Light FTL:1965901:3 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (934)924-3A4s General Development Application O Admidatrative Variance O Asslotanertt of Flex/IUaerve Units i.. _ a Plat Delpatloa Request 9 0 Resealing JUY 1 2 Iilp1 Onto Reedy b a 07 0 sm Pbe O hope" Petition N �— A�y P n o.r $ 0 .s 7 p 0 Trslnrway waw.r, ►:�, ;a is rt;It en t 0 varb= -- ---- 0 VAMM Request 0 omen 'MIS P MICATIO14 WILL NOT sI ACCIPTID UNTIL IT I!COMP=AND SU114ffMD MTH ALL NIMURRY DOCUMIMM Refer to the Vocation type at the top of this Ibrtrt and*Required DocumanfaUott'dwMA to determine the supplemental documents retluired with each application. For aMr the fad appilcat1wi,the responslbls contractor of record shall be present at the board hearing, Their fallurs W attatd may Impact upon the disposition of your app8catim At always, the applicant or their atAlwdzW W*agent musk be presses*at air meetings;{All,pro"must also obtsWs building permtt ham the Oty'a Bulidlrp Department Location Address: _301 SB Sth Ave. Dania Beach, FL 33004 Lot(s): Blodt Subdivision: Recorded Plat Name: N/A Folio Number(s): 514202000040 _ Legal Description: 2-51.42 W472 of N316 of SW 1/4 of NW 1/4 of NW 1/4 less W 35 for ST 3c less PTIN or 1227/19 for ST. Appllcant/Consuitant/Legai 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: _954-921.8307 Name of Property owner: -Florida Power& Licht.CO(FPL)(Contact: Bruce Barber) Address of Property owner: P 0 Box 1400 POP/JB Juno Beach, FL 33,101 Business Telephone: 561-694.4093 Home: Fax: _561.694-4283 Explanation of Request:_Change in Land Use from Conservation to U t i 1 i ti cs Prop. Net Acreage: 0.92AC Gross Acreage: 2.99AC Prop. Square Footage: Existing Use: Unmanned Electrical Proposed Use:Unmanned Electrical Distribution istri ution Substation Sub. Suostation Sub. 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 Compisslon approval, pursuant to Ordinance No. 2003-040. -b0.rc.t Pka6; be AJov. /y lco� Applicant/Owner signature Print Name Date APPLICANT,CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURN Shorn to and subscribed before me ApplIcantlConsuitarVitepresentad". This j-q._day of 410�LZ L� Signature: , o" Date:._ yAd 6 Dynlfl 14ML Le to ' 4=PU ic (Print Name)) 1100 Gllay DOM , :Swale Goo. Fe•t 4�,,de,.J, 1� t—G s 1 Print Name of Notary street Address,sty,State,and aP Code AA,II' Nh � .,""1 AM;M1O1f 4c5y�� g1i -Z2tsi 1asv� gli f3ao� etepho a No, rL Fax No, �CaratNrlellJOff)14r11f� -- _ _ ' laidee Nalatal Aar► INDIVIDUAL OWNER NOTARIZED SIGNATURM This Is to certify that I am the fee simple owner of subject lands described above and that I have authorized (ApplicanVConsultant/Representattve) 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. 9 Fax No. CORPORATION NOTARIZED SIGNATURE: This Is to certify that the below referenced corporation Is the owner of subject lands described above and thatL t, as duly authorized Officer, have authorized (Applicant/Consul ant/Representadva) Lip ieie/ L 4, 6 t to make and Ale the aforesaid application. Sworn to and subscribed before me,�/ Corporation Name: Tws2a—clay. or No o r PL) spaqure. Dah: 11 /16/2006 3antiaae Meliana (Print Narne) Substation Mina a Permitting Manager Sip ^N�PybliC (Riot Title) 01AA of /A/i4+��L/(L�UI/. P.O. Hon 1/0o0. PDP/JH Juno Beagho FL Print Name d Notary Street Address,CRY,State and Z1p Code 33108 Commissbn Expires: f ssi t 891_4Si e Seal: Telephone No. ✓it Fax No. yW;'. Dt#!eu MWM It all _ IMOOIeeitge109lNSf', 30INT VENTURE/PARTNERSHIP NOTARIZED SIGNATURli This Is to certify that the below referenced that the duty authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/ConsultanyRepresentative) 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. JG;1 t t 2�01 PPL Inter-OfAce Correspondence To: Memo To File Date: September 13,2006 Re: FLORIDA POWER a LIGHT COMPANY TRANSMISSION LINE ROUTE AND SUBSTATION SITE ACOUISITION, ZONING, SITE PLAN APPROVAL AND PERMITTING: AUTUO=770N TO 9/GN I, 0.M. Manse,Vice President, Power Systems.Transmission A Substation for Florida Power S Light Company,verify that the following listed Whilduals: Barbara Jalndl Dean Busch Santiago Mellans 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 foregoing Instrument was acknowledged before me this l l�, day of ( abet/ . 2065 by C. M. Mennes, Vice President of Power Systems - Transmission& Substation of Florida Power & Light Company, a Florlda Corporation. He is personally known �tto. me,}and did not take an oath. Y' ' V 1�{.C.c�l P�0'� KAWO%AW"d Notary Public *cOnN400 154r" VIE)) GpY„0#WVW A 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 28,2007 Time: 7:00 pm or as soon thereafter as possible Place: City Commission Room Danis Beach Administrative Center 100 West Denim Beach Blvd. Dania Beach,Florida 33004 NOTICE IS HEREBY GIVEN that a public hearing will be held before the ClIN Commission for the purpose of hearing any comments which might be made to the following request: Applicant: Danlei Habibe with Calvin Giordano and Associates representing the property owner, Florida Power and tight, Is requesting a Future Land Use Plan Amendment as follows: From: "Conservation" TO "Utlihies" Location: Properly Is located on the east sloe of SE 5th Avenue,between SE 3rd Street and SE 3rd Terrace (301 SE Sth Avenue), In Dania Beach: The site Is currently occupied by an FPL Substation. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA�AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPRE ENSIVE PLAN IN RESPONSE TO A REQUEST BY FLORIDA POWER AND LIGHT, TO REDESIGNATE FROM'CONSERVATIOIT TO"UTILITIES'PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF BE 5TH AVENUE,BETWEEN BE 3RD STREET AND BE 3RDTERRACE 1301 BE STH 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. 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: v' at . 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(9641924-3M 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,Dana 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 is 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 17,2007 CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING LAND USE MAP AMENDMENT LU-38-07 Date: August 28, 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 2nd 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 "Utllities" Location: Property is located on the east side of SE 5d' Avenue, between SE Yd Street and SE P Terrace (301 SE 5d' 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: L AC Nip LIN 6MWr �n,awis — MI — M —A i ( *T r36 N rr T.'I p L �T, T N T1 - t ��i r �y u, P r 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 17, 2007 ^ � 8 a m r s Sig LI IL ��.11 YY JJtrJJ� lt]Vlnnnn nnn n 3 LL Lj- 9LL HLL. lb ul aLi � � oo N 0 cc a m � , x W °aces 2 S � 111w .d 9w1n1 � > b s.d g gaO2 N N N Go N V) 'f7Y N W) G ftW) 7TTT71 UI N N N N N 60 N N N N J E. JT AV&U 187 - >�\ _ - � - _ � \� � m§ E/HI31T E § ' r 1 1 1 1 i FPL DANIA SUBSTATION LAND USE PLAN AMENDMENT 1 i I;PJ � 2U07 1 1 i ' PREPARED BY ' Calvin, Giordano &Associates, inc. Engineers Surveyors Planners 1300 Eller Drive,Suite 600 ' Fort Lauderdale,Florida 33316 Phone:954.921.7731 Fax:954.921.3307 i Contact: Daniel Habibe, Planner Shelley Eichner,AlCP Project No. 05-5371 iSubmitted: April2007 1 i S.E. 5TN AVENUE �wr t 5 I� f � s f f i ll� 8 cR x� x s f g i >v � t z y � $ w� ia x Table of Contents ' 1. Letter of Transmittal......................................................................................................... 1 2. Local Government Information........................................................................................2 ' 3. Applicant Information......................................................................................................2 4. Amendment Site Description...........................................................................................3 ' 5. Existing and Proposed Uses.............................................................................................4 6. Analysis of Public Facilities and Services ....................................................................... 5 ' 7. Analysis of Natural and Historic Resources .................................................................. 14 8. Land Use Compatibility................................................................................................. 15 i9. Hurricane Evacuation Analysis...................................................................................... 16 10. Redevelopment Analysis................................................................................................ 16 t11. Intergovernmental Coordination.................................................................................... 16 12. Consistency with Goals, Objectives, and Policies of the City Land Use Plan............... 16 13. Consistency with Goals, Objectives, and Policies of the Broward County LandUse Plan ................................................................................................................ 17 14. Consistency with the State Comprehensive Plan........................................................... 17 15. Population Projections.................................................................................................... 17 ' 16. Additional Support Documents...................................................................................... 18 17. Plan Elements................................................................._.............................................. 18 Exhibits ' A Sketch and Description B Site Location Map C Existing Land Use D Proposed Land Use ' E Existing Zoning Map F Proposed Zoning Map G Utility Verification Letter ' H Solid Waste Verification Letter ' FPL DANIA SUBSTATION LAND USE AMENDMENT APPLICATION 1. LETTER OF TRANSMITTAL A) DATE LOCAL GOVERNING BODY HELD TRANSMITTAL PUBLIC ' HEARING. To be determined by the City of Dania Beach. B) WHETHER THE AMENDMENT IS WITHIN AN AREA OF CRITICAL STATE CONCERN OR RESOURCE PLANNING AND MANAGEMENT PROGRAM tThe amendment site is not within an Area of Critical State Concern or Resource Planning and Management Program. C) WHETHER THE AMENDMENT IS AN EXEMPTION OF THE TWICE PER CALENDAR YEAR LIWITATION ON THE ADOPTION OF PLAN AMENDMENTS. N/A ' D) PROPOSED MONTH OFADOPTION ' To be determined by the City of Dania Beach. E) WHETHER THE PROPOSED AMENDMENT IS TO BE ADOPTED UNDER A JOINT PLANNING AGREEMENT The amendment will not be adopted under ajoint planning agreement. F) NAME, TITLE, ADDRESS, AND TELEPHONE NUMBER FOR LOCAL GOVERNMENT CONTACT. Mr. Lawrence Leeds, AICP Director of Growth Management ' City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 (954) 924-3640, fax (954) 922-2687 ' 2. LOCAL GOVERNMENT INFORMATION ' A) LOCAL AMENDMENT OR CASE NUMBER To be determined by the City of Dania Beach. B) RECOMMENDATION OF THE LOCAL UNIT OF GOVERNMENT AND MINUTES FROM THE LOCAL PLANNING AGENCY" AND LOCAL GOVERNMENT PUBLIC HEARINGS ON THE AMENDMENT. The City Commission will hold two public hearings. C) LOCAL STAFF REPORT ON THE AMENDMENT AS PROVIDED TO THE LOCAL GOVERNMENT To be supplied by the City of Dania Beach. ' D) DESCRIPTION OF PUBLIC NOTIFICATION PROCEDURES FOLLOWED BY THE AMENDMENT ' The proposed amendment will be advertised in accordance with Chapter 163, Florida Statutes. At the time of adoption, the City Commission will have ' noticed and held three public hearings. The public notice will consist of an advertisement in a newspaper of general circulation. ' 3. APPLICANT INFORMATION A) NAME, ADDRESS, AND TELEPHONE NUMBER OF THE APPLICANT Santiago G. Melians - Substation Siting Manager Florida Power & Light Company (FPL) PO Box 1400, PDP/JB Juno Beach, FL 33401 Telephone: (561) 694-4093 B) NAME, ADDRESS, AND TELEPHONE NUMBER OF THE AGENT Dan Habibe Calvin, Giordano & Associates, Inc. ' 1800 Eller Drive, Suite 600 Fort Lauderdale, Florida 33316 Telephone: (954) 921-7781 2 C) NAME, ADDRESS, AND TELEPHONE NUMBER OF THE PROPERTY OWNER Santiago G. Melians - Substation Siting Manager Florida Power& Light Company (FPL) PO Box 1400, PDP/JB Juno Beach, FL 33401 Telephone: (561) 694-4093 D) FILING FEE City: $5660 deposit County: N/A ' E) APPLICANT'S RATIONALE FOR THE AMENDMENT: The purpose of this amendment is to request a change in land use from "Conservation" to "Utilities" for an FPL site located at 301 SE 51h Ave. Dania Beach, FL. The proposed land use will allow compatibility with the existing use of the site, currently an FPL electrical substation, as well as Broward County's land use plan. The change in land use to "'vtiiities" will give FPL the ability to provide additional safe and reliable electricity to the local community. ' Currently, there is an existing unmanned electrical substation on the subject property which FPL is planning to upgrade once this amendment is approved. The proposed amendment will have no direct impact on the area's existing and ' proposed public facilities and services. 4. AMENDMENT SITE DESCRIPTION A.) DESCRIPTION OF THE SIZE AND BOUNDARIES OF THE AMENDMENT. The 2.998 acre site is located at 301 SE 51h Ave in Dania Beach Fl directly south of Dania Beach Boulevard, north of Sheridan Street and west of N. Ocean Drive. B) LEGAL DESCRIPTION OF THE AREA PROPOSED TO BE AMENDED: ' See Exhibit A for sketch and legal description. C) MAP OFPROPOSED LAND USE, LOCATION, AND BOUNDARIES (1:300): Please see Exhibit B. 3 5. EXISTING AND PROPOSED USES A) CURRENT AND PROPOSED LOCAL AND COUNTY LAND USE DESIGNATIONS FOR THE AMENDMENT SITE: city Broward County Existing: Conservation Low (5) Residential Proposed: Utilities Low (5) Residential B) CURRENTLAND USE DESIGNA TIONS FOR SURROUNDING PROPERTIES city Broward County North: Conservation Conservation ' South: Conservation Conservation East: Conservation Conservation West: L5 L5 C) CURRENT AND PROPOSED ZONING FOR THE AMENDMENT SITE AND ' ADJACENT AREAS. INDICATE IF THE FLEXIBILITY PROVISIONS OF THE BROWARD COUNTY LAND USE PLAN HAVE REEK USED TO REZONE ADJACENT AREAS. Adjacent Areas Current Proposed ' North: RS - 12000 No change South: RS - 12000 No change East: RS - 12000 No change ' West: RS - 6000 No change Amendment Site Current Proposed RS — 12000 No change 4 D) EXISTING USE OF THE AMENDMENT SITE AND THE ADJACENT AREAS: Adjacent Areas North: Conservation area, vacant South: Conservation area, vacant East: Conservation area, vacant West: Single family residential Amendment Site ' FPL Substation E) PROPOSED USE OF THE AMENDMENT SITE INCLUDING SQUARE FOOTAGE AND/OR DWELLING UNIT COUNT PROPOSED FOR EACH PARCEL: The proposed use of the amendment site is for an unmanned FPL electrical distribution substation. The F) PROPOSED SITE PLANS AND ANY OTHER AVAILABLE SPECIAL STUDIES OR INFORMATION. No site plans are available at this time. ' G) MAXIMUM ALLOWABLE DEVELOPMENT UNDER THE EXISTING SITE DESIGNATION: ' The existing site designation of "Conservation" does not list substations as permitted use. H) MAXIMUM ALLOWABLE DEVELOPMENT UNDER THE PROPOSED SITE DESIGNATION: Under the proposed site designation of "Utilities" the site will continue to operate as an unmanned electrical substation. No dwelling units are allowed or proposed for this site. 6. ANALYSIS OF PUBLIC FACILITIES AND SERVICES A) SANITARY SEWER ANALYSIS: I. Provide the adopted level of service standard for the service area in which the amendment is located and the current level ofservice. 5 ' According to the City of Dania Beach Comprehensive Plan, 1 & 2 bedroom garden apartments generate a demand of 250 gallons per day (GPD). Current level of service is 291 MGD. The site is already connected to city water and sewer and no additional demand will be generated as part of this amendment. ' 2. Identify the facilities serving the service area in which the amendment is located including the plant capacity, current demand on plant capacity and committed plant capacity. Wastewater from the City of Dania Beach is collected and is pumped ' through a force main to the Hollywood Wastewater Treatment Plant. Sanitary sewer service is provided under a Large User Agreement with the City of Hollywood. Dania Beach collects and transmits their waste to the South Regional Wastewater Treatment Plant located in Hollywood. The plant capacity is 42 Million Gallons per Day (42 MGD), the current (April 2002) demand is 34 MGD and the commited demand is approximately 1.93 MGD. 3. Identify the additional demand resulting from this amendment -provide ' calculations including assumed demand per square foot or dwelling unit. No additional demand will result from this amendment. 4. Identify the projected plant capacity and demand for the short and long range planning horizons as identified within the adopted comprehensive plan -provide demand projections and information regarding planned capacity expansions including year, identified funding sources and other relevant information. The City of Dania Beach Comprehensive Plan 1995 Evaluation and Appraisal Report (EAR) projects an average daily demand in the year 2000 to be 3.00 MGD; 3.50 MGD in the year 2005. The City of Hollywood projects the following total demand on the South Regional Wastewater Treatment Plant, although with the new treatment plants in the City of Pembroke Pines and the City of Miramar, theses estimates might be overstated. ' 2000 2010 Projected ADF 37.5 37.5 Design Capacity 42 MGD 42 MGD 1 6 5. Identify the existing and planned service to site - provide information regarding existing and proposed trunk lines and lateral hookups to the amendment site. ' The site is already serviced by city water and sewer and no additional services are planned as part of this amendment. 6. Letter from utility verifying the above information. Please see Exhibit G. ' B) POTABLE WATER ANALYSIS: Provide the adopted level ofservice standard for the service area in which the amendment is located and the current level ofservice. The 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. ' 2. ldentify the facilities sen,i;ig the service area in which the amendment is located including the plant capacity, current demand and committed demand. The City of Dania Beach operates a Potable Water Treatment Plant at ' the southwest corner of Stirling Road and SW 12`h Street. The design capacity is 3.0 MGD, the current demand is 2.3 MGD and the committed demand is .15 MGD for a total of 2.45 MGD. 3. Identify the wellfield serving the service area in which the amendment is located including the permitted capacity, remaining capacity and expiration date of the permit. According to the City's EAR, the wellfield located in the Ravenswood area is utilized for the first 2 MGD of daily demand. This supply is supplemented by the Broward County 3A system, located approximately 2 miles west of Ravenswood Road and by the South Regional Wellfield in Brian Piccolo Park in Cooper City. These Broward County wellfields contain a capacity of 7.7 MGD (Average) and 4.167 MGD (Maximum). Current demand is 8.2 MGD. 4. Identify the additional potable water demand resulting from this amendment - provide calculations including assumed demand per square foot or dwelling unit. 7 ' No additional potable water demand is associated with this amendment. 5. Identify the projected or planned capacity for the short and long range planning horizons as included within the adopted comprehensive plan - provide demand projections and information regarding planned plant capacity expansions including year, funding and other relevant information. If additional wellftelds are planned, provide status including the status of any permit applications. The Dania Beach Comprehensive Plan states the following projections: 2000 2005 Projected Demand 2.8 MGD 3.0 MGD Design Capacity 3.0 MGD 3.0 MGD 1 6. Identify the existing and planned service to site - provide information regarding existing and proposed trunk lines and water main hookups to the amendment site. The site is already served by city water and sewer lines and no additional services, trunk lines or water main hookups are associated with this amendment. 1 7. Letter from utility verifying the above information. Please see Exhibit G. Q DRAINAGE ANALYSIS: 1. Provide the adopted level of service standard for the service area in which the amendment is located and the current level of service. Any structure on-site shall have the lowest floor elevation no lower than the elevation for the respective area depicted on the National Flood Insurance Rate Map by the Federal Emergency Management Agency for flood hazard areas based on the 100 year flood elevation, or a minimum of 6 inches above the crown of the adjacent public street, whichever is highest. Current level of service of the City's drainage system is good. 2. Identify the facilities serving the service area in which the amendment is located. On site drainage will be through percolation on site pervious surface. s 3. Identify any planned drainage improvements including year, funding ' sources and other relevant information. No drainage improvements are associated with this amendment. Ultimately, FPL will be increasing the size of the drainage features available on-site as part of the electrical substation upgrade. 4. Indicate if a Basin Surface Water Management Plan has been approved by the South Florida Water Management District for the amendment ' area. Also, indicate if the Basin Surface Water Management Plan is currently undergoing review for modification. ' Not Applicable. S. If the area in which the amendment is located does not meet the adopted level of service and there are no improvements planned to address the deficiencies, provide an engineering analysis which demonstrates how the site will be drained and the impact on the surrounding properties. The information should include the wet season water level for the amendment site, design storm, natural and proposed land elevation, one hundred year food elevation, acreage for proposed water management retention area, elevations for buildings, roads and yards, storage and runoff calculations for the design storm and estimated time for food waters to recede to the natural land elevation. ' The amendment site is in an area that currently meets the adopted level of service. 6. Letter from the local drainage district serving the area in which the amendment is located verifying the above information. ` NIA. 9 1 ' D) SOLID WASTE: 1. Provide the adopted level of service standard for the service area in ' which the amendment is located and the current level of service. According to the Comprehensive Plan, the level of service standard is 8.9 lbs. per day per residential unit, 9 lbs. per day per 100 sq. ft. of Supermarket, 5 lbs. per day per 100 sq. ft. of Drug Store and 4 lbs. per day per 100 sq. ft. of Department Store. The current level of service is 600 tons per month. However, this substation is unmanned and does not generate any solid waste that would have an impact on the level of ' service. 2. Identify the facilities serving the service area in which the amendment is ' located including the landfill/plant capacity, current demand on landfill/plant capacity and committed landfill/plant capacity. The City of Dania Beach contracts with Reuter Recycling for solid waste disposal. The contract calls for an increase in each cities tonnage of 10% per year. The plant has a capacity of 200,000 tons per year. The contract allows that when a capacity of 175,000 tons per year is reached then the plant capacity will be increased to 100,000-300,000 tons per year. When a capacity of 275,000 tons per year is reached then the plant will be expanded to 400,000 tons per year. If a plant breakdown should occur then Reuter is responsible for providing an alternate means of disposal. The agreement is valid until the year 2010. 3. Identify the additional demand resulting from this amendment -provide calculations including assumed demand per square foot or dwelling ' unit. No additional demand will result from this amendment. 4. Identify the projected landfill/plant capacity and demand for the short 1 and long range planning horizons as identified within the adopted comprehensive plan - provide demand projections and information regarding planned capacity expansions including year, identified funding sources and other relevant information. Contractual Minimum 2005 2010 Contractual Demand 15,621 17,183 Tons Per Year Tons Per Year Contractual Design 56,545 81,403 Capacity Tons Per Year Tons Per Year * The above figures are for Dania Beach only. 10 ' 5. Identify the existing and planned service to site. FPL currently provides service to the site. No additional services are planned. 6. Letter from service provider verifying the above information. Please see Exhibit H. 1 E) RECREATION AND OPEN SPACE ANALYSIS 1. Provide the adopted level of service standard for the service area in ' which the amendment is located and the current level of service. LOS Standard: 3 acres per 1000 population Current LOS: 11.4788 acres per thousand population This electrical substation is unmanned and will have no impact on the level of service. ' 2. Identify the parks serving the service area in which the amendment is located including acreage and facility type e.g. neighborhood, community or regional park Not applicable. Unmanned electrical substation. ' 3. Identify the additional need for park acreage resulting from this amendment. No additional need for park acreage will result from this amendment. 4. Ident fy the projected park needs for the short and long range planning horizons as identified within the adopted comprehensive plan -provide need projections and information regarding planned capacity expansions including year, identified funding sources and other relevant information. I 2005 2010 Population Acres Acres per Population Acres Acres per Thousand Thousand 19,741 1 218.1 1 11.0481 21,362 218.1 10.2097 The above table uses permanent and seasonal population estimates contained in Section 11 H POPULATION PROJECTIONS (Page 3) of the City's 1999 Comprehensive Plan. The above table confirms i additional acreage will not be required. According to the City's 1999 Comprehensive Plan, the City has more than an adequate amount of parklands in its inventory to cover additional population increases for the fixture. F) TRAFFIC CIRCULATION ANALYSIS 1. Identijy the roadways serving the site and indicate the number of lanes, current traffic volumes, adopted level ofservice, and current level of service for each roadway. The site directly fronts and has main access through SE 5`h Avenue just north of Sheridan Street and south of Dania Beach Boulevard. Unmanned substations are exempt from the concurrency requirements as there is an average of two (2) MONTHLY traffic trips associated with the maintenance of this existing facility — ie. Landscaping. No additional roadway impacts are associated with this amendment. 2. Identify the projected level of service for the affected roadways for the I short (five-year) and longterm (2010)planning horizons. Note source if not from the metropolitan Planning Organization plans and projections. N/A 7. Analyze the traffic impact from this amendment —calculate anticipated number of trips for the existing and proposed land use designation. Distribute the additional trips on the roadway network and identify the resulting level of service change for the short (S year) and long range (2010)planning horizons. No additional roadway impacts are associated with this amendment. G) MASS TRANSIT ANALYSIS (1999 Comprehensive plan does not contain Mass Transit sub-element) 1. Provide the adopted level of service standard for the service area in which the amendment is located and the current level ofservice. Not Applicable. Unmanned electrical substation. 2. Identify the facilities serving the service area in which the amendment is located. N/A 12 3. Identify the additional demand resulting from this amendment. N/A 4. Identify the projected mass transit capacity and demand for the short and long range planning horizons as identified within the adopted comprehensive plan — provide demand projections and information regarding planned capacity expansions including year, identified funding sources and other relevant information. N/A 5. Identify the existing and planned service to the site. N/A 6. Letter from service provider verifying the above information. N/A A) PUBLIC ED UCATION ANALYSIS 1. Identify the existing public elementary and secondary education facilities serving the area in which the amendment is located. Not applicable. This amendment has no impact on school or educational facilities serving the area. Unmanned electrical substation. 2. Identify the existing school enrollment and permanent design capacity ' of the public elementary and secondary education facilities serving the area. Not applicable. 3. Identify the additional student demand resulting from this amendment - calculations should be based on generation rates specified in the Broward County Land Development Code. ' None 4. Identify the planned and/or funded improvements to serve the area in which the amendment is located as included within the School Board's five year capital plan - provide student demand projections and information regarding planned permanent design capacities and other relevant information. Not applicable. 13 J. Identify other public elementary and secondary school sites or alternatives (such as site improvements, nominal fee lease options, shared use of public space for school purposes etc.), not identified in Item 94 above, to serve the area in which the amendment is located. ' None. 7. ANALYSIS OF NATURAL AND HISTORIC RESOURCES A) Historic sites or districts on the National Register of Historic Places or locally designated historic sites: None. B) Archaeological sites listed on the Florida Master Site File: ' None. C) Wetlands: rAccording to the June U, 2000 Broward County Generalized Wetlands Map, this parcel does not contain wetlands. The site contains some mangroves to on the east side of the property. FPL will mitigate any impacts to the existing mangroves as part of the electrical substation upgrade. D) Local Areas of Particular Concern as identfed within the Broward County Land Use Plan: This parcel is not identified as a LAPC or ESL. E) "Endangered" or "threatened species" or "species of special concern". If yes, identify the species and show the habitat location on a map: None. F) Plants listed in the Endangered Plant Index for protection by the Florida Department of Agriculture and Consumer Services: None. G) Well-fields - Indicate whether the amendment is located within a well-field protection zone of influence as defined by Broward County's "Potable Water Supply Well-field Protection Zone of Influence" Ordinance. If so, specify the affected zone and any provisions which will be made to protect the well-field: The site is not within a well-field protection zone of influence. 14 1 H) Soils - Describe whether the amendment will require the alteration of soil conditions or topography. If so, describe what management practices will be used to protect or mitigate the area's natural features: The site will be dredged, filled and graded where necessary. The site contains some mangroves east of the property. FPL will mitigate any impact to the existing mangroves as part of the upgrade to the electrical substation. I) Beach Access - Indicate if the amendment is on the oceanfront. If so, describe what impact, if any, it will have on public beach access: The site is not on the oceanfront. ' 8. LAND USE COMPATIBILITY ' Describe how the amendment is consistent with existing and proposed land uses in the area and what provisions have or will be made to ensure land use compatibility: ' The purpose of this amendment is to request a change in land use from CON (conservation) to Utilities in order to allow compatibility with the County land use and the site's existing use which is an FPL electrical substation. The site is located on SE 51h Avenue just south of Dania Beach Boulevard and North of Sheridan Street and has a county land use of Low (5) Residential. The site and the surrounding area are zoned RS-12000 (residential) and RS-6000 west of SE 5`h Avenue. The land use designation for the area surrounding the site is predominantly Conservation, with some Low Density Residential (L5) to the west of the site. The change in land use to "Utilities" will give FPL the ability to provide additional capacity and increased reliability in order to better serve the electrical needs of the local community, while keeping compatibility with the existing and future land uses in the area. ' The substation facility is unmanned and has 24 hour/day continuous operation. The only use planned for this facility is to provide electrical service to the community. The facility is surrounded by a fence, which provides primary security to the site. All ' entrance gates have security locking systems. The station is equipped with electronic alarms connected by supervisory control to a central System Control Center. System Operators continuously monitor the status of equipment and systems at the station and can control equipment remotely to ensure safe operation of the facility. Maintenance of station equipment is accomplished by FPL crews on a periodic basis. The crews perform all maintenance activities within the enclosed equipment yard. Depending upon the type of equipment, maintenance schedules can vary between approximately one to five years. The upgrade to the FPL Dania Substation will be designed and constructed in accordance with all applicable electrical utility safety standards and governmental regulations. 15 Electric power is necessary for the public safety, health and welfare of the citizens of the City of Dania Beach. The Dania Beach Substation will improve FPL's ability to ' continue to provide safe and reliable electrical service to its customers. 9. HURRICANE EVACUATION ANALYSIS Hurricane evacuation re-analysis based on the proposed amendment, considering the ' number of persons requiring evacuation, availability of hurricane shelter spaces, and evacuation routes and times: The proposed amendment will not adversely impact the evacuation routes and times. ' 10. REDEVELOPMENT ANALYSIS Indicate if the amendment is located in an identified redevelopment area. If so, describe how the amendment will facilitate redevelopment and promote existing redevelopment plans: ' The amendment is not located in an identified redevelopment area. 11. INTERGOVERNMENTAL COORDINATION Describe whether the proposed amendment affects adjacent local governments: The proposed amendment should have no affect on any other jurisdictions. 12. CONSISTENCY WITH GOALS, OBJECTIVES, AND POLICIES OF THE ' CITY OF DANIA BEACH LAND USE PLAN List of objectives and policies of the Future Land Use Element and other affected ' elements with which the proposed amendment is compatible: N/A 13. CONSISTENCY WITH GOALS, OBJECTIVES, AND POLICIES OF THE ' BROWARD COUNTY LAND USE PLAN List of objectives and policies of the Broward County Land Use Plan with which the proposed amendment is compatible: Goal 01.00.00, Objective 01.01.00, Policy 01.01.02 Objective 01.02.00, Policy 01.02.01 and 01.02.02 Goal 08.00.00, Objective 08.01.00, Policy 08.01.20 16 ' Objective 08.03.00, Policy 08.03.01 ' 14. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN Listing entitled "Consistency of the Local Comprehensive Plan Amendment with the State Comprehensive Plan", which lists the State Comprehensive Plan goals and policies (Ch. 187) which are addressed by the plan amendment: (16) Land Use (a) Goal — In recognition of the importance of preserving the natural resources and enhancing the quality of life of the State, development shall be directed to those areas which have in place, or have agreements to provide, the ' land and water resources, fiscal abilities, and service capacity to accommodate growth in an environmentally acceptable manner. There will be minimal impacts on the natural and built environment as a result of this amendment. ' This site will not produce any solid waste, almost no ADT's, no pollution nor cause a reduction in the level of service of public facilities and services. ' 15. POPULATION PROJECTIONS 1. Population projections (indicate year): 2000 2005 2010 Permanent 17,093 17,964 19,439 Seasonal 1690 1777 1923 1 There is no direct increase in population associated with this amendment. 2. Relationship of the amendment to the analysis (included in the plan -9J-5.006(2)(c)) of the land needed to accommodate the projected population: ' There is no direct increase in population associated with this amendment. ' 3. Revised population projections (if applicable): ' Not applicable. 4. Whether the proposed development (f it provides housing) is proposed to meet the housing needs of the projected population as identified in the local plan: The proposed amendment does not provide housing. 17 ' 16. ADDITIONAL SUPPORT DOCUMENTS Other support documents or summary of support documents on which the recommendations are based: None at this time. ' 17. PLAN ELEMENTS ' A) THE ENTIRE ELEMENT BEING AMENDED: The local land use plan will be recertified by the Broward County Planning Council. ' B) PROPOSED TEXT CHANGES: None. C) FUTURE LAND USE MAP SHOWING THE BOUNDARY OF THE SUBJECT PROPERTY SURROUNDING STREET NETWORK, SURROUNDING FUTURE LAND USES, AND NATURAL RESOURCES (REFER TO 9J-5.013(1)(a)): ' See Exhibit B. D) EVALUATION AND APPRAISAL REPORT (IF DONE IN CONJUNCTION ' WITH THE PROPOSED AMENDMENT): N/A. 1 I8 EXHIBIT A SKETCH AND DESCRIPTION i � ' Sketch and Legal Description i DANfA BEACH BOULEVARD 1 STiRLING T E ROAD SE 3rd ST. SE 3rd TERR. 1 4 2--51-42 1 � W Q i x 1 SHERIDAN I STREET 1 LOCATION SKETCH 1 NOT TO SCALE 1 1-he West 472 feet of the North 316_04 feet of the Southwest Quarter (Sly 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 1 County, Florida, LESS AND EXCEPT the West 35 feet thereof, and LESS AND EXCEPT THEREFROM that certain portion conveyed to the City of Crania, a municipal corporation of the State of Flarido, by Quit Claim Deed doted . onuary 31, 1958, recorded May 20, 1958, in Official Records ' Book 1227, ?age 19. of the public Retards of Broword County, Florida. Said lands situate in Broward County, Florida and contabing 130.601 ' square feet (2.998 acres) more or Iess. 1 r r r r r r r r r EXHIBIT B r SITE LOCATION MAP i 1 r r r r r r r 1 ' i I' 1 1 1 1 1 i 1 ' EXHIBIT C EXISTING LAND USE EXHIBIT D PROPOSED LAND USE EXHIBIT E EXISTING ZONING 1 ' EXHIBIT F PROPOSED ZONING 1 � ' EXHIBIT G UTILITY VERIFICATION LETTER 1 1 1 1 i City Of Dania Beach a Department of Public Services i Office of the Director 0 1 December 6. 2006 iDaniel Flabibe i Calvin. Giordano & Associates. Inc. 1800 Etter Drive Ste 600 Fort Lauderdale. FL 33316 iRe: 301 SE 5th Ave, Dania Beach. 33004 (Folio Number: 5 t42 02 00 0040) i iMr. Habibe, The followin.- letter is in response to your request for the City of Dania Beach to verify the water and sewer to i 'he above referenced location for your Land Use Plan Amendment. • You are correct: There is no septic tank servicing the site currently. There will not be a septic tank i • servicing the proposed site. • The City of Dania Beach currently is not providing water & sewer to the site. Water is located at the i site. The water meter was removed. Sewer facilities currently are located on the West side of SE 5"' w Avenue. The owner will be responsible for all costs to briny utilities to site. i • You are correct: Wastewater from this site will be treated by the Hollywood Wastewater Treatment Plant. iShould you have any questions please contact my office at (934) 924-3742. Sincerely, 1 iDominic F. Orlando, P.E. C: Larry Leeds iLeo yX illiams 1 P.U. Bus 1708. Dania ilc;ich. I t i_3004 Phom: (93:i `)21-.;7 3 F-ix i9y 4) 97 i-i 109 1 1 1 1 1 1 1 1 i ' EXHIBIT H SOLID WASTE VERIFICATION LETTER ' FI&Iia Pawn i U&Coop", R&Sax IAM Jeae eeack R 3M-M ' FPL November 13,2006 ' Hoyt Holden Calvin Giordano and Associates, Inc. ' 1800 Eller Drive, Suite 600 Fort Lauderdale.FL 33316 iRe: FPL Dania Substation -301 SE 5th Avo. Dania Beach, FL(Solid Waste) ' To Hoyt Holden: The follewtng letter will serve as confirmation that Florida Power and Light, ' Company provides pick-up of any and all solid waste generated at the above referenced property. Please note that this is an unmanned substation which generates no solid waste. ' For further assistance please do not hesitate to contact me at(561)6944093. Sinnncerely. ' Bruce Barber Project Manager, Siting and Permitting Section Florida Power&Light. Company 1 ' en EPC Grow cawpaa� CITY OF DANIA BEACH Agenda Item # /• Agenda Request Database Date of Commission Meeting: 9-25-2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: 9/11/2007 RESOLUTION NO.2007-155-A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY FLOOKER ADAMS ON BEHALF OF JANETTE S.NANTON,FROM CHAPTER 28,"ZONING",ARTICLE 5,"SUPPLEMENTARY LOT REGULATIONS"AND ARTICLE 6.21"SCHEDULE OF OFF-STREET PARKING REQUIREMENTS',FOR PROPERTY LOCATED AT 53 SE 13TH TERRACE,DANIA BEACH: PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. P666hasin0 Requests ONL** x" r Y y u Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Exlanahon/Background , VA-40-07: Applicant Flooker Adams on behalf of Janette S. Nanton is requesting four variances for the construction of a new single-family home at 53 Southeast 13th Terrace (RD-8000 Duplex Zoning). 1. To allow the construction of a new home on a lot that is 40 feet wide (Code requires 50 feet). 2. To allow the construction of a new home on a lot that has 3,700 square feet in area (Code requires 6,000 square feet). 3. To allow two parking spaces. (Code requires three spaces). 4. To allow a 27 foot wide Swale driveway to accommodate three parking spaces (A maximum of 12 feet is allowed) tndCt/ St.$UittRt # $ f R r Resolution Staff Report Application Public Hearing Notice Map Mailing List EExhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by LOU ANN CUNNINGHAM Date 09/18/07 Department Director Laurence G. Leeds, AICP Date 09/18/07 Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date User Creating Item Item Name (do not use/or\in name) LouAnn Cunningham VA-40-07 NANTON Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-155 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY FLOOKER ADAMS ON BEHALF OF JANETTE S. NANTON, FROM CHAPTER 28, "ZONING", ARTICLE 5, "SUPPLEMENTARY LOT REGULATIONS"AND ARTICLE 6.21 "SCHEDULE OF OFF-STREET PARKING REQUIREMENTS", FOR PROPERTY LOCATED AT 53 SE 13T" TERRACE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 5, "Supplementary Lot Regulations", prescribes the lot size and area requirements within the City of Dania Beach; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 6.21, "Schedule of Off-Street Parking Requirements", prescribes the parking requirements for single family homes in the City of Dania Beach; and WHEREAS,Flooker Adams on behalf of Janette S.Nanton,is requesting variance(VA-40- 07) for the following: 1. to allow the construction of a new home on a lot that is 40 feet wide (Chapter 28, "Zoning", Article 5, "Supplementary Lot Regulations" requires that lots not be less than 50 feet in width); 2. to allow the construction of a new home on a lot that has 3,700 square feet in area (Chapter 28, "Zoning"Article 5,"Supplementary Lot Regulations" requires lots to be no less than 6,000 square feet); 3. to allow two parking spaces(Chapter 28,"Zoning",Article 6.21, "Off Street Parking" requires that three(3) spaces be provided); and 4. to allow a 27 foot wide swale driveway to accommodate three parking spaces(Chapter 22, "Streets and Sidewalks", Article 1, Section 22-5(1)"Pavement, improvement and use of swale areas",states that paved access driveways shall not exceed(30)percent of the frontage of the abutting lot and in this case 12 feet is allowed), for vacant property located at 53 SE 13`h Terrace; and WHEREAS,the Planning&Zoning Board on August 15,2007,recommended approval of the variance request with conditions,based upon the criteria set forth in Section 10.13 of Article 10, of Chapter 28, "Zoning", 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 VA-40-07, from requirements in Chapter 28, "Zoning", Article 5, "Supplementary Lot Regulations" and Article 6.21 "Schedule of Off-Street Parking Requirements", of the City Code of Ordinances is approved with the following conditions: 1) Existing trees to remain on the site must be protected from construction operations and new trees must be planted according to professional landscaping guidelines. 2) Provide three parking spaces as required by code. 3) Three back-out parking spaces are allowed, subject to approval of swale drainage by the Public Services Director and landscape recommendations noted above. 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 September 25, 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#2007-155 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: September 25, 2007 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director C �- FROM: Corinne Lajoie, AICP, Principal Planner SUBJECT: VA-40-07: Applicant Flooker Adams on behalf of Janette S. Nanton is requesting four variances for the construction of a new single-family home at 53 Southeast 13th Terrace (RD-8000 Duplex Zoning). 1 . To allow the construction of a new home on a lot that is 40 feet wide (Code requires 50 feet). 2. To allow the construction of a new home on a lot that has 3,700 square feet in area (Code requires 6,000 square feet). 3. To allow two parking spaces. (Code requires three spaces). 4. To allow a 27 foot wide Swale driveway to accommodate three parking spaces (A maximum of 12 feet is allowed). The applicant continued these items to September 25 to allow her to resolve funding issues with Broward County. As of September 18, the applicant had not contacted Community Development. I will update you at the September 25 Commission meeting if there is new information. The lot is located at on the north side of Southeast 13th Terrace, one house west of Southeast 2nd Avenue. The applicant proposes to demolish the existing home and replace it with a new 3-bedroom, 1,200 sq. ft. one story home (no garage). As indicated below, the lot abuts existing homes on all sides. ADJACENT SITES Zoning District Existing Use North RD-8000 Duplex South RD-8000 Single family home East RD-8000 Single family home West RD-8000 Duplex The subject parcel measures 40' x 92'; surrounding lots are developed. The site plan complies with lot coverage, setbacks, and pervious area, but is deficient in parking. In addition, the landscape plan requires some tree removal, including a 19" palm, located within the proposed building footprint. Upon review of the landscape plan, the City landscape consultant recommends the applicant provide two 12' X 5' X 2" native shade trees to offset tree canopy loss. Existing trees to remain on the site must be protected from construction operations and new ones must be planted according to professional landscaping guidelines. PLANNING AND ZONING BOARD 40' Lot Width and 92' Lot Depth: Approval, subject to applicant providing two 12' X 5' X 2" native shade trees to offset tree canopy loss, remaining trees to be protected from construction activity, and new trees to be planted according to professional landscaping guidelines. Two Parking Spaces: Denial; the board recommends three spaces be provided. 27' wide swale paving: Approval to allow three back-out parking spaces, subject to installation of brick pavers in the Swale area. RM-2 -sx:i2TH ST., T-1 ------------------Tll' -F7 L-L 9913TBST— 0$ school z '71 FIF w �SE 11 MTEIr Hi 0 i LL RM-2 PUD-B SE I ST Li Pie Charts Page l of 1 Loftier, Christine From: Leeds, Larry Sent: Monday, August 27, 2007 1:59 PM To: 'sabirahmani®yahoo.com' Cc: Lottier, Christine Subject: 53 South East 13th Terrace Ms. Nanton-Johnson: As per our discussion, Zoning has no abjection to flipping the house (front-to-back) so that the front door faces the rear, subject to the following: -There is no change in front, side, or rear yard setbacks as shown on the plan. -There is no change in the landscape relocation plan. I suggest your architect check the revised plan for building or fire code issues. This will not affect City Commission review but is worth looking into before submitting building permit drawings. Chris: Please print copy for variance file. Laurens Leeds,Director Community Development Department City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 954-924-3640 Iieeds(gci.dania-beach,iI,us 8/27/2007 CITY OF DANIA COMMUNITY DEVELOPMEN BEACH T DEPARTMENT — -- — ROUTING SHEET P AN a Route Date 7/11//202 W' o w V Loj -- ---- - -- 1 Project - 09 VA-40.40-07 1 Janette NantonSFH Variance — JUL 1 S 2007 - - Olic 'S74203080250 —_---J PLEASE REVIEW THE ABOVEREFERENCEDp Plan L---_-_._._ _-COMMUNITY DEVELOPMENT DIRECTOR'S STAF J BOARD AND CITY COMMISSION.THANK YO U. T BE INCORPORATED IN THE E PLANNING AND ZONING Routs Via: Mail❑ Pick Up y] Fire Marshal❑ In-house ❑ Public Services ❑ Landscape BSO ❑ Planner❑ -- -- - -- - Other Consultants ❑CGA Approved as submitted �� - - - --- ---- - -- __ Denied Comments must address prior - to PZ/Commission hearing I- APProved W/conditionst� I List Conditions Signature . ( 3 1 ,N GL Date 1 Print Name K X July 13, 2007 MEMORANDUM TO: Louis Mercado Planner FROM: Patti Hoot-McLeod Landscape Consultant RE: Janette Nanton-SFH Variance VA-40-07 I have reviewed the plans and site for VA-40-07 and recommend approval with conditions as listed below: I) The homeowner/contractor must submit a letter acknowledging replacement of any palms/trees that are damaged as a result of construction. 2) All trees noted on the plan to remain must be protected during construction 3) Two native shade trees 12'x5'x2" caliper must be installed to compensate for the canopy lost as a result of the new building. 4) All areas not covered with landscape material will be sodded with St Augustine floratam sod. 5) All beds will be mulch with no less than 3" of mulch and all mulch beds must extend at least 2' away from the trunks of trees and one foot out from the hedge material to protect the landscaping from mechanical damage. Respectful) submitted C {� ' Y' t� i I City of Dania Beach, Florida Department of Community Development Planning and Zoning Division General Development Application (954) 924-364S ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request ❑ Rezoning Date Rec'd: (0 O� ❑ Site Plan ❑ Special Exception Petition No.:YL-16=01 ❑ Special Request ❑ Trafflcway Waiver ,d 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: 3 5.E Lot(s): 3_ Block: /bid Subdivision: SAINrJA(T J?AgK &WkgR Recorded Plat Name: ST JA,n)Cc PA RL n ZrM12 Folio Number(s):VYX-C)3'0E-02.Gt=� Legal Description: SrJVfles t%& 09inAe It-,U szot+? Applicant/Consultant/Legal Representative (circle one) FA. A pAoyerneNT Address of Applicant: - &!A 1 44 W /!' STREer Business Telephone:QSY-M-1b30 Home: Fax: c15`U65-o3Y0 Name of Property Owner. N6 E' . Address of Property Owner: , . 1-34b Business Telephone:VY (LS 9rIS Home: /� Fax: Explanation of Request: y—A61YCG_JC a PA&tm%Wf yllraTIJ Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Existing Use: hx"S�lJ6^4T�R� Proposed Use: PeSA(36J`CTi4 L Is property owned individually, by a corporation, or a joint venture? -JN(1)VIQY4(,L�/ I understand that site plan and variance approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2005-040. F m ki AnAms •F A)w 4-13-07 Applicant/Owner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This 13 day of�-�n 2001 1 z/ Signature:jfv—j Date: 1,3- O �� k2k 14Ad/VJf n Name of Notafy Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: ,n Telephone No. &Fax No. My Commission D0289M M`ss reYrMsrr e9 two 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) F:;L60 {�p(�M Is to make and file the aforesaid application. Sworn and subscribed before me Owner: �:i(1 e Sfu� 7„0 This day o(i-4/,!i'; 20_ Signature: '(L"k' r YL „v Date: Air? e- Sign Name of Notary Public (Print Name) State of( ) f �. t, r L S , I!,— �� X 5 ' ( i= I.�tt, leriu.ct I���i��rr %-� 13aZ Print Name afpnees erase Street Address, City, State and Zip Code My Commission D0280036 / Commission pef7wres February 09,200e Seal: TUphorie No. & Fax No. F. A. Home Improvement 1021 N.W. I" Street Fort Lauderdale, Florida 33311 I June 18, 2007 ) �.. � % lit City of Dania Beach, Florida Department of Community Development Planning @ Zoning Division 100 West Dania Beach Blvd. Dania,Florida 33004 Re: Variance: Janette Nanton-Johnson 53 Southeast IP Terrace Dania,Florida 33004 F. A. Home Improvement, contractor for Janette Nanton- Johnson for property located at 53 Southeast 130'Terrace. This is replacement housing for the Office of Housing and Finance-(Community Development Division) Broward County. We are seeking a variance for the following reasons: 1. House on 40 feet wide lot 2. Lot coverage-(3700 sq.ft.) 3. Parking for 2 vehicles Please contact the undersigned if you have any questions @ 954 764-7630. Respectfully Flooker Adams Contractor 78-COC-468A _ VA-40-07 CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on Tuesday, September 11, 2007, at 7:00 p.m., or as soon thereafter as possible in the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following request: VA-40-07 - Request by Flooker Adams on behalf of Janette S. Nanton for property located at 53 SE 13th Terrace,Dania Beach, for the following: 1. To allow the construction of a new home on a lot that is 40 feet wide. (Chapter 28 Zoning Article 5. Supplementary Lot Regulations requires that lots not be less than 50 feet in width.) 2. To allow the construction of a new home on a lot that has 3,700 square feet in area. (Chapter 28 Zoning Article 5. Supplementary Lot Regulations requires lots to be no less than 6,000 square feet.) 3. To allow two parking spaces. (Chapter 28 Zoning Article 6.21 Off Street Parking requires that three (3) spaces be provided.) 4. To allow a 27 foot wide Swale driveway to accommodate three parking spaces. (Chapter 22, Streets and Sidewalks,Article 1, Section 22-5(1) Pavement, improvement and use of swale areas states that paved access driveways shall not exceed (30) percent of the frontage of the abutting lot and in this case 12 feet is allowed.) Legally described as: Lot 39 of"St. James Park Delmar" according to the Plat thereof as recorded in Plat Book 11 at Page 26 of the Public Records of Broward County,Florida. Copies of the proposed request are available for viewing in 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 Mailed: Friday, August 31, 2007 See reverse side of this notice for a location map of the site o � o 0 z N Q ] ' M � N C � m O N Q N N NMMNN MONNN0 cliN (Oh 04 N N N0 coN W toN OO OOITO tC mmmm+) lM+) m CM0 cM'�I MOO PN7 M m MIN MM V) V) m N M cr) m V) •�-- � N f0 SILL ; aoo $ 19 00 g 0ogo to M w Cl) M M M M M Cl) M Cl) M Cl) M M M M M Cl) M M Cl) J Cl) M M M M Cl) M Cl) M M M M M M M M M M M M M M M M M Cl) M Cl) Cl) M LL. 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( / j E e § S � m § \ / � E 8IL uk � ' � Iw0 m � � � Co ltfBk § k § � ) 2 ] ) mWgwwmo ° « § � � } � � § � UlLLJ § . } � � § @ § ° 2gzR w / n & < o = = \ c � m IG2Q § § ) wJRw § 7 52 000000 000 k § gz % % % % J § § \ g \ § k � U. cnC) V) 2 $ 2 % 2 Q m 9999999999999 /kC ZA/V 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: September 14, 2007 RE: Red Light Cameras Program; Proposal by American Traffic Solutions ("ATS") The City Manager was contacted by ATS with a proposal to install a red light camera system within the City. The City of Pembroke Pines has adopted a "red light camera enforcement program" pursuant to a City ordinance and is negotiating an agreement with ATS to implement the program. Several other cities in the area and the state are also considering such measures. Packets with information supplied by the company were provided to you separately. The concept and the process are, of course, well worth pursuing, if the City Commission agrees. At this time, however, there are legal considerations that need to be resolved. First, the state Attorney General rendered an opinion to the effect that localities are not independently authorized to create traffic control laws, which are contained in the state "uniform" traffic control law. The several cities pursuing the program are aware of the opinion, but are proceeding with it since no court in Florida has been called upon to render a legal decision on the matter. A Minnesota state Supreme Court ruling was issued this year, which invalidated a Minneapolis red light ordinance due to a conflict with its state traffic control laws. While not identical to Florida laws, there is reason to believe that a similar legal argument will be made in this state and litigation may be filed. The company has also informed us that once again the Florida Legislature will consider the matter and it is possible that a law will be created to "legalize" local red light enforcement programs. Our City can follow the Pembroke Pines model and provide for a program which affords drivers a six month grace period before actual enforcement begins. Enforcement consists of a citation issued by the police department by mail with, typically, a $125.00 fine. Of that amount, the company retains $40.00 and the City receives the $85.00 balance. If the state creates a new law, it is likely that it will set a maximum fine and provide for a portion of the fine to be remitted to the state. Mayor and Commissioners September 14, 2007 Page 2 At this point, if the City Commission agrees, the City could first issue a "Request for Letters of Interests" ("RLI") since there are, other companies which provide this type of program. The City Commission would select a company, and an ordinance would be adopted. It is my hope that by the end of the 2008 Florida Legislative Session, either a law will be adopted clearly authorizing such programs or there will have been a case filed in connection with another City's efforts, which we can monitor before actual enforcement (citations and fines) are issued. City Commission direction is requested. TJA:slw 2