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HomeMy WebLinkAbout2007-10-09 Regular City Commission Meeting Agenda Addendum Packet ADDENDUM TO AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, OCTOBER 9, 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. 7. CONSENT AGENDA 7.13 RESOLUTION#2007-200 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO APPROVE AN ADDITIONAL $1,595.00 FOR MATERIALS AND LABOR RELATED TO THE SUN SHELTER PROJECT BEING CONSTRUCTED BY COASTAL CONTRACTING, INC. ON THE DANIA BEACH PIER (ORIGINAL COST OF THE SUN SHELTER IS $14,880.00) FOR A TOTAL AMOUNT NOT TO EXCEED $16,475.00 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, OCTOBER 9, 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 Pastor Mario Cinelli, Lighthouse Community Church 3. ROLL CALL 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 4.1 20 Year Service Recognition for Brenda Blackmon - BSO Chief Peterson 5. PROCLAMATIONS 6. CITIZEN COMMENTS Addressing the Commission: Comments by Dania Beach citizens, or other interested parties that are not part of the regular agenda, may be made during each Commission meeting during the period set aside for"citizen comments." 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 Dania Beach City Commission Agenda—October 9, 2007 Page 2 of 6 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 11, 2007 Regular Commission Meeting Approve Minutes of the September 19, 2007 Final Budget Hearing Resolutions 7.2 RESOLUTION#2007-190 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A ONE YEAR AGREEMENT WITH AN ANNUAL RENEWAL OPTION WITH CIVICPLUS, FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FOR AN ANNUAL AMOUNT OF $8,220.00, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.3 RESOLUTION#2007-191 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING AN ADJUSTMENT OF THE COMPENSATION PAID TO THOMAS J. ANSBRO AS CITY ATTORNEY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2007-192 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A SUPPLEMENTAL APPROPRIATION RELATED TO HURRICANE WILMA FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DISASTER RECOVERY PROGRAM ACTION PLAN THROUGH THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS TO PROVIDE FUNDING FOR MITIGATION AND HARDENING OF QUALIFIED RESIDENTIAL PROPERTIES WITHIN THE CITY OF DANIA BEACH; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE APPLICATION; FURTHER, AUTHORIZING THE ACCEPTANCE AND EXECUTION OF THE GRANT AGREEMENT UPON ITS AWARD (AND ANY TIME EXTENSIONS, IF DEEMED NECESSARY); AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT FOR SERVICE DELIVERY WITH BROWARD COUNTY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda—October 9, 2007 Page 3 of 6 7.5 RESOLUTION #2007-195 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE ROAD RESURFACING SERVICES IN AN AMOUNT NOT TO EXCEED $250,000.00 IN FISCAL YEAR 07/08, FROM FLORIDA HIGHWAY PRODUCTS, INC. UNDER PALM BEACH COUNTY BID 03/04-06; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2007-196 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SERVICES FROM CHEN AND ASSOCIATES RELATING TO ENGINEERING SERVICES FOR THE NEIGHBORHOOD IMPROVEMENT PROGRAM; PROVIDING THAT THE COST FOR SUCH SERVICES SHALL NOT EXCEED ONE HUNDRED FIFTY-TWO THOUSAND SEVEN HUNDRED NINETY DOLLARS($152,790.00); PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 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. 7.8 RESOLUTION#2007-197 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A SERVICE AGREEMENT WITH MOTOROLA, A SOLE SOURCE PROVIDER, FOR THE MAINTENANCE AND REPAIR OF COMMUNICATIONS EQUIPMENT FOR AN AMOUNT NOT TO EXCEED $20,841.84, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION #2007-198 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE REPLACEMENT AND INSTALLATION OF SIDEWALK SERVICES IN AN AMOUNT NOT TO EXCEED $70,000.00 IN FISCAL YEAR 2007-2008, FROM STRAIGHTLINE ENGINEERING SERVICES UNDER SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP BID #05-06-012; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda—October 9, 2007 Page 4 of 6 7.10 RESOLUTION#2007-199 A RESOLUTION OF THE CITY DANIA BEACH, FLORIDA, REQUESTING THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS TO APPROVE A REQUEST TO REALLOCATE THE 33RD YEAR CDBG 2007-2008 FUNDING AWARD FROM THE CONSTRUCTION OF THE NW COMMUNITY OUTREACH CENTER TO SOLAR STREET LIGHTING IN QUALIFIED NEIGHBORHOODS WITHIN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Titles to be read by City Attorney) 7.11 ORDINANCE #2007-024 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO THE CITY RETIREMENT SYSTEMS; AMENDING CHAPTER 18 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "PENSIONS AND RETIREMENT," TO AMEND SECTION 18-1, "PARTICIPATION IN GROUP INSURANCE — RETIREES" TO CLARIFY THAT EMPLOYEES WHO TERMINATE CITY EMPLOYMENT BUT WHO ARE VESTED AT THE TIME OF TERMINATION ARE TO BE AFFORDED THE OPTION TO RE-JOIN THE CITY HEALTH PLAN WHEN THEY BECOME RETIREES; FURTHER, TO CREATE DEFINITIONS FOR THE TERMS "VESTED TERMINATED", "TERMINATED VESTED" (EMPLOYEES), "RETIREE" AND "TO RETIRE" AND TO PROVIDE FOR THEIR INCLUSION IN SECTION 18-3 ("DEFINITIONS"); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.12 ORDINANCE #2007-025 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY PAUL DOUGLAS OF DOUGLAS DEVELOPMENT GROUP, INC. REPRESENTING WILSON ATKINSON, PRESIDENT OF GRIFFIN POINT, INC., FOR THE "GRIFFIN POINT PLAT", SUCH PROPERTY BEING GENERALLY LOCATED ON THE NORTH SIDE OF GRIFFIN ROAD, WEST OF RAVENSWOOD ROAD 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 "GRIFFIN POINT PLAT"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Dania Beach City Commission Agenda—October 9, 2007 Page 5 of 6 8. BIDS AND REQUESTS FOR PROPOSALS 9. PUBLIC HEARINGS 9.1 ORDINANCE #2007-028 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28 OF THE CITY CODE OF ORDINANCES, ENTITLED "ZONING", TO ALLOW OUTDOOR FRESH PRODUCE MARKETS AS ACCESSORY USES TO RETAIL USES WHICH PRIMARILY SELL UNPREPARED (UNCOOKED) FOODS, OR BEVERAGES OR BOTH AT RETAIL IN ALL C-DISTRICTS (COMMERCIAL DISTRICTS), THE TOD DISTRICTS (TRANSIT ORIENTED DEVELOPMENT DISTRICTS) AND THE TOC-1 AND 2 DISTRICTS (TRANSIT ORIENTED CORRIDOR DISTRICTS); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 9.2 RESOLUTION#2007-194 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE WAIVER REQUEST PERTAINING TO EMERGENCY GENERATOR (WA-54-07), SUBMITTED BY TANYA PIKER ON BEHALF OF HOMEOWNER MITCHELL J. SHOELSON, FOR PROPERTY LOCATED AT 5022 SW 40TH AVENUE, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10. COMMISSION COMMENTS 10.1 Commissioner Bertino 10.2 Commissioner Castro 10.3 Commissioner Flury 10.4 Vice-Mayor Jones 10.5 Mayor Anton 11. DISCUSSION AND POSSIBLE ACTION 11.1 Removal/disposal of the Parks and Recreation Administrative Office Trailer at C.W. Thomas Park-Kristen Jones, Parks and Recreation Director 11.2 Roller Hockey Rink at Frost Park-Kristen Jones,Parks and Recreation Director 11.3 Security at various Parks -Patricia Varney, Director of Finance Dania Beach City Commission Agenda—October 9, 2007 Page 6 of 6 11.4 Station 93 Update—Michael Cassano, Deputy Fire Chief 12. APPOINTMENTS 12.1 Airport Advisory Board (15 Members— 3 per Commissioner—2 Year Term) Mayor Anton— 1 appointment 12.2 Human Relations Board (10 Members—2 per Commissioner—2 Year Term) Commissioner Bertino— 1 appointment 12.3 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 12.4 Parks, Recreation and Community Affairs Advisory Board (10 Members -2 per Commissioner—2 Year Term) Vice-Mayor Jones— 1 appointment 13. ADMINISTRATIVE REPORTS 13.1 City Manager 13.2 City Attorney 13.3 City Clerk - Reminders Tuesday, October 23, 2007— 7:00 p.m. Regular City Commission Meeting Wednesday, November 7, 2007— 6:00 p.m. CRA Board Meeting Tuesday,November 13, 2007— 7:00 p.m. Regular City Commission Meeting Thursday, November 15, 2007—6:00 p.m. Abatement Hearing Tuesday, November 27, 2007—7:00 p.m. Regular City Commission Meeting 14. ADJOURNMENT 7 / MINUTES OF PUBLIC HEARING FINAL FY 07/08 BUDGET DANIA BEACH CITY COMMISSION WEDNESDAY, SEPTEMBER 19, 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 Deputy City Clerk: Miriam Nasser Patricia Varney, Director of Finance, confirmed with the Commission that the amount of $100,000 was moved from General Administration to the Community Development Department to fund the Griffin Road Corridor, as requested by the Commission at the September 12, 2007 Budget Hearing. She also noted that $100,000 was transferred to Mayor and Commission to fund the Redevelopment Director position,because we do not have a CRA Account. Commissioner Flury commented we have not yet decided if this position is going to be contractual or a full time employee. Commissioner Castro thought it should go into the CRA Account, because she wants this person to report to the CRA Board and not the City Commission. Director Varney clarified for the record that we do not have a CRA Account, we only have a CRA Reserve Account under Mayor and Commission. City Attorney Ansbro indicated he checked the CRA Laws and he is concerned about the scope of services for this position. If the person is confined to work on CRA matters only, there is no issue whatsoever. However, if this director has a dual role and works outside the CRA boundaries, i.e. Economic Development Director for the City, then he would need to check the Charter. Commissioner Castro indicated we have CRA Special Attorneys that we pay under the auspices of the CRA Board. Commissioner Bertino did not want to confine this person to the CRA Board only. Commissioner Flury noted he would primarily work for the CRA, not excluding City matters. Vice-Mayor Jones would like to have options on how this person could be utilized, considering we do not have a traditional CRA. He would like to know what other cities have done with the CRA Director position. Mayor Anton questioned if we could create a sub-category for the CRA, under the City Commission Budget Account. Director Varney clarified for the Commission that we do not have a special fund set up for the CRA. She further indicated that the funds to pay the Special Attorneys for the CRA are in the Mayor and Commission Account. Commissioner Flury thought that by the time this person was hired, the City Attorney would have the answers to all these questions. She suggested creating a sub-set under Mayor and Commission, which is what we are currently doing for the Special Attorneys. Commissioner Castro stated that the CRA Statute does not prohibit someone who works outside the CRA from also reporting to the CRA Board. We are not hiring a CRA Director, but a Redevelopment Director who will report directly to the CRA Board as opposed to the City Manager. 3. Public Hearings Mayor Anton announced that in accordance with Florida Statutes, Section 200.065 (2)(e)l, the first substantive issue to be discussed shall be the millage rate prior to the City adopting its final budget. In order to maintain the level of services provided to our citizens for Fiscal Year 2008, the City of Dania Beach tentatively adopted a millage rate of 5.4044 on September 12, 2007, which represents no increase over the rolled-back rate of 5.4044. Further, in March 2005, the voters approved the issuance of General Obligation Bonds. The debt service millage rate for Fiscal Year 2008 is 0.1316. The Commission will discuss the millage rate first, then, open the hearing to the public for comments. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. 3.1 RESOLUTION#2007-171 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING THE MILLAGE RATE NECESSARY TO BE Minutes of Public Hearing 2 Final FY 07/08 Budget Dania Beach City Commission Wednesday, September 19,2007—7:00 p.m. LEVIED FOR THE FISCAL YEAR 2007-08; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-171. Commissioner Flury clarified with Director Varney that the millage rate reduction from the prior year was 11.0 percent. Commissioner Castro motioned to adopt Resolution #2007-171; 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 3.2 RESOLUTION#2007-172 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING ITS ANNUAL BUDGET FOR THE FISCAL YEAR 2007-08; 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#2007-172. Mayor Anton announced that in accordance with Florida Statutes and the City Charter, the City Manager has submitted to the Commission a proposed General Fund Budget of S38,353,197; a Capital Projects Fund Budget of$5,104,673; a Stormwater Enterprise Fund Budget of$960,200; a Water Enterprise Fund Budget of$16,175,115; a Sewer Enterprise Fund Budget of$6,562,663, a Debt Service Fund Budget of$631,558, a Tree Preservation Fund Budget of$145,000, and a Marina Fund of$506,072. Mayor Anton opened the Public Hearing. Clare Vickery, business owner at 49 N. Federal Highway, complimented the Commission for running a very good City. She noted that in 2006 the first Art and Antique Festival was held in Dania Beach, and they are now in preparation for the 2008 Festival. The City allocated funds to contribute towards the cost of the event for the last two festivals. She noted they have been able to save approximately $1,800.00 from the previous festival and they are now trying to raise money for the next show. Ms. Vickery asked the Commission for a contribution of$10,000 in- kind or cash, which hopefully they will not have to use. She asked the Commission if they would like to move the Festival to a different location. Ms. Vickery added this event brings a lot of people to Dania Beach and it is important for the downtown area. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearing. Minutes of Public Hearing 3 Final FY 07/08 Budget Dania Beach City Commission Wednesday,September 19,2007—7:00 p.m. Commissioner Castro motioned to adopt Resolution #2007-172; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes City Manager Pato thanked the City Commission for their support. He expressed his appreciation to the Finance Department and staff in general for their contributions in the preparation of this budget. Mayor Anton thanked staff for the professional manner in which this budget was presented. 4. Adjournment Mayor Anton adjourned the meeting at 7:20 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC BOB ANTON CITY CLERK MAYOR-COMMISSIONER Minutes of Public Hearing 4 Final FY 07/08 Budget Dania Beach City Conunission Wednesday, September 19, 2007—7:00 p.m. MINUTES OF REGULAR MEETING 47* 1 DANIA BEACH CITY COMMISSION TUESDAY, SEPTEMER I I, 2007 — 7:00 P.M. 1. Call to Order Mayor Anton called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Reverend Timothy Shellman, Sr., St. Ruth Missionary Baptist Church, gave the Invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Bob Anton Vice-Mayor: Albert C. Jones Commissioners: John Bertino Anne Castro Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals There were no presentations at this meeting. 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Clare Vickery, business owner at 49 N. Federal Highway, requested a Main Street Workshop that includes citizens, not businesses. She asked City staff to spread the word so we can get ideas as to what the residents would like to see in downtown Dania Beach. Ms. Vickery would not want us to lose the Main Street designation obtained several years ago. She would like this to take place in late September or early October. Secondly, Ms. Vickery advised that she attended the Florida APA Conference in Orlando and they have selected Dania Beach for their 2007 Conference location. Clive Taylor and Chris Dutton, noted they will have support for the 2008 Arts and Antiques Festival. The week following the Dania Beach Show, there will be another event sponsored by Rick Case in Boca Raton. They would like autos and motorcycles to be as important as antiques in the forthcoming event. Ms. Vickery noted she is very excited with the 2008 Festival and indicated she would work with staff to get the permits in place three months prior to the event. 7. Consent Agenda Items removed from Consent Agenda: #7.2, #7.3, Item #7.6 was moved to Public Hearings 7.1 Minutes: Approve Minutes of the August 28, 2007 City Commission Meeting Resolutions 7.2 RESOLUTION#2007-158 Discussed with Item #1LI A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,ADJUSTING THE FUNDING SOURCE FOR THE TREE REMOVAL SERVICES AT THE BUILDING SITE FOR THE FIRE STATION NUMBER 93 TO BE PERFORMED BY ELAN LAWN AND LANDSCAPING SERVICES IN AN AMOUNT NOT TO EXCEED $30,000.00 APPROVED BY THE COMMISSION PURSUANT TO RESOLUTION 2007-072; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-158. Mike Cassano, Deputy Fire Chief, advised the tree removal is an extension of the work performed at Fire Station #93. An additional 18 trees were identified as needing to be removed or pruned. He requested approval of $14,520.00 to be paid to Elan Lawn and Landscaping Services as a result of the enlargement of the dry retention area which was not contemplated in the original plan. Commissioner Flury motioned to adopt Resolution #2007-158; 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 Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,September 11,2007—7:00 p.m. 7.3 RESOLUTION #2007-164 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN AFTER SCHOOL PROGRAMS. INC. AND THE CITY OF DANIA BEACH, TO ADMINISTER THE TIME-4-KIDS PROGRAM FOR THE 07-08 AFTER SCHOOL PROGRAM AND 2008 SUMMER PROGRAM; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH AFTER SCHOOL PROGRAMS, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-164. Commissioner Flury noted the contract does not have a requirement for progress reports. Colin Donnelly, Assistant City Manager, responded the requirement is included in the contract. He confirmed they will report to the Commission. Vice-Mayor Jones noted he was very impressed with the program provided by After School Programs, Inc. He requested that a Wellness Program be included in the program. Assistant City Manager Donnelly noted he would look into the Wellness Program to make sure it addresses nutrition. Commissioner Flury motioned to adopt Resolution #2007-164; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 7.4 RESOLUTION #2007-165 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO OBTAIN CONSTRUCTION SERVICES FOR THE CONSTRUCTION OF ADA RESTROOMS AT FROST PARK FROM COASTAL CONTRACTING AND DEVELOPMENT CONTRACT CONNECTIONS, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR A SUM NOT TO EXCEED $1,270.00 FOR COASTAL CONSTRUCTION AND $6,500.00 FOR CONTRACT CONNECTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING TO COMPLETE THE PROJECT;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Titles read by City Attorney) 7.5 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 18T" STREET, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,September 11,2007-7:00 p.m. 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. (FIRST READING) 7.6 ORDINANCE #2007-023 Heard under Public Hearings after Item #9.1 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 1ST" 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. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2007-023. Laurence Leeds, AICP, Director of Community Development, provided a history of the property. He noted that if the City Commission approves the Land Use Amendment the Broward County Commission and the Department of Community Affairs would also need to approve it. The Planning and Zoning Board recommended approval of the request. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Members of the Commission disclosed that they met with the applicant. Keith Poliakoff, Becker and Poliakoff, Attorney for the applicant, noted that an investigation of the site determined that it would be difficult for animals to exist on the property due to the high infestation of exotic vegetation and the deterioration caused by development in the surrounding area. Commissioner Bertino motioned to adopt Ordinance #2007-023, on first reading; 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 Fury Yes Commissioner Bertino motioned to approve the Consent Agenda, with the exception of Items #7.2, #7.3, and #7.6; 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 Minutes of Regular Meeting q Dania Beach City Commission Tuesday, September 11,2007—7:00 p.m. 8. Bids and Requests for Proposals There were no proposals at this meeting. 9. Public Hearings and Site Plans 9.1 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 31D STREET AND SE 3Ro 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. (SECOND READING) (CondnuedfromAugust28,2007) City Attorney Ansbro read the title of Ordinance #2007-016. He noted the applicant requested a continuance until September 25, 2007. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Castro motioned to continue Ordinance #2007-016, until the September 25, 2007 City Commission meeting, at 7:00 p.m.; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Item #7.6 was heard after Item #9.1 Item #9.2 was heard after Item #7.6 9.2 ORDINANCE#2007-021 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING SECTION 9.24.1, ENTITLED"REVIEW OF PERMITS AND DEVELOPMENT ORDERS WITH REGARD TO ZONING IN PROGRESS," TO CLARIFY THE TIME AT WHICH ZONING IN PROGRESS BEGINS, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2007-021. He noted this was a housekeeping measure. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday, September 11,2007—7:00 p.m. Commissioner Bertino motioned to adopt Ordinance #2007-021, on second reading; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes City Attorney Ansbro advised the remaining items were quasi-judicial matters, and swore-in those who would speak. He asked the Commission to disclose any communication they had on these matters. Mayor Anton noted he had been contacted by Mr. Fellini. 9.3 RESOLtiTION 42007-154 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,FOR A SECOND EXTENSION (ORIGINAL EXTENSION WAS APPROVED ON JUNE 26, 2007, AND EXPIRES ON SEPTEMBER 26, 2007) RELATING TO THE REQUEST FOR APPROVALS SUBMITTED BY DAVID MANKUTA WITH THE LAW FIRM, ATKINSON, DINER, STONE, MANKUTA & PLOUCHA, P.A, REPRESENTING HOLLYWOOD INVESTMENTS GROUP, I, LLC., FOR VARIANCE VA-03-06 GRANTED BY RESOLUTION 2006-105; SPECIAL EXCEPTION USE SE-03-06 GRANTED BY RESOLUTION 2006-106; VACATION VC-03-06 GRANTED BY RESOLUTION 2006-112; AND SITE PLAN REQUEST SP-03-06 GRANTED BY RESOLUTION 2006-107, FOR THE PROJECT KNOWN AS PIRATES INN/CASA BENI, PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE 1IT COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-154. Laurence Leeds, AICP, Community Development Director, provided the history of the property. He noted that a plan was submitted last Thursday that appears to address 9-10 of the 27 conditions required for approval. Based on a preliminary review, it appears that they meet the parking requirements. He noted the plan is a significant improvement from the preliminary plan which was submitted and approved. Mayor Anton opened the Public Hearing. David Mankuta, of Atkinson, Diner, P.A., Attorney for the applicant, reminded the Commission that the first year was held up by the court issue. He noted they have a new architect working on the project who has diligently addressed the most significant conditions. Attorney Mankuta also indicated that no tandem or hydraulic parking will be required. He provided the Commission with a rendering of the new proposed building which they thought would contain all the ingredients for a good project. Attorney Mankuta requested a one year extension to redesign the project due to today's market conditions. Commissioner Castro questioned why we would approve the extension if the project is different from what was previously approved. She also questioned the traffic flow through the building. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday, September 11,2007—7:00 p.m. Director Leeds noted that he prefers the traffic flow on the new rendering. Commissioner Castro asked what incentive would be given to the City. Attorney Mankuta noted this is the same project, it simply eliminated the requirement of valet parking. This is a modification of the plan that is more workable. Secondly, they have been the owner of the property and they have no intention to flip the property. He indicated that the first year was held up by the court appeal, but they have been working diligently during the past 90 days. He noted his client has invested over $100,000 in this project, and the additional investment to continue and complete the design process is clear evidence of his good faith. Commissioner Bertino noted that he spoke with Mr. Atkinson at the beginning of the project. He commented on the small size of the proposed new apartments. Commissioner Bertino would prefer to see a completely new project. Attorney Mankuta noted the 500 square foot one-bedroom units are considered affordable housing. Director Leeds clarified for Vice-Mayor Jones that granting an extension would not have any fiscal impact on the City. He further noted that this is not a land use or zoning change request, it is a site plan request, therefore the County is not involved and no conditions are attached regarding affordable housing. Vice-Mayor Jones requested a quarterly update on the project. Commissioner Flury noted she is not concerned with the extension, but with the project. She did not like the idea of having such small units in a condominium apartment complex. Commissioner Flury would like to have a Workshop to discuss the project in more detail. Director Leeds indicated that there are two issues that need to be resolved: the size of the units and the street going through the building. Mayor Anton thought the size of the units was too small. He questioned if this building would fit within the TOD zoning. Director Leeds advised that the density is excessive under the current TOD zoning which allows 225 units while this request is for 305 units. He noted the other issue is that they would still be short on parking and would not be able to build the building under the existing zoning. Mayor Anton indicated that he does not have a problem with the roadway going through the building provided all safety issues are met. Mayor Anton would be willing to approve a 3-month extension, not one year. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday, September 11,2007—7:00 p.m. Attorney Mankuta noted they appreciate the Commissioners comments and they are making an effort to address the conditions required by the City. They have spent a significant amount of money and want to continue with the project. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearing. Commissioner Flury motioned to adopt Resolution 42007-154, for a 3-month extension, provided they appear before the CRA Board before the end of the 3-montb period; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.4 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 13TH TERRACE, DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-155. Laurence Leeds, AICP, Community Development Director, provided a description of the property. He noted that staff recommends three parking spaces; two are provided by the applicant. The driveway apron would need to be expanded to accommodate the three parking spaces. The Planning and Zoning Board recommended approval with conditions. He noted that the applicant contacted him after the plans had been submitted and indicated that she wished to flip the direction of the house. Ms. Fraser, Broward County Housing Construction, Supervisor of the program that Ms. Nanton applied for, noted they have not approved the cost of flipping the house. Janette Nanton, homeowner, noted that she requested changing the direction of the house because there is no egress into the backyard. She understands that Broward County does not want to incur any additional costs, and she is willing to pay for the additional cost. Ms. Nanton indicated it would not be a problem for her to continue this request for another two weeks, but Broward County may see it as an issue. Ms. Fraser confirmed delaying the request for two weeks would not be a problem. Mayor Anton opened the Public Hearing. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday, September 11,2007—7:00 p.m Frances Brown, representing the contractor, was sworn-in by City Attorney Ansbro. She noted the applicant did not contact them about changing the direction of the house. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearing. Commissioner Castro motioned to continue Resolution #2007-155 until the September 25, 2007 City Commission meeting at 7:00 p.m.; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.5 RESOLUTION 42007-156 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY ED DARLING ON BEHALF OF NASSAU DEVELOPMENT CORPORATION, FROM CHAPTER 28, "ZONING", ARTICLE 5, "SUPPLEMENTARY LOT REGULATIONS", FOR VACANT PROPERTY LOCATED AT 45 NW 14" AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-156. Laurence Leeds, AICP, Community Development Director, provided a description of the property. The request is to construct a single family home on a vacant property. He noted this is an unrecorded plat that requires approval. The Planning and Zoning Board recommended approval of the request. Mayor Anton opened the Public Hearing. Ed Darling, applicant, noted this would be affordable housing, and he will not be living in this house. Mr. Darling confirmed for Commissioner Bertino that there are vacant lots on the side of the property which he does not own. Seeing as there was no one to speak in favor or opposition, Mayor Anton closed the Public Hearing. Vice-Mayor Jones motioned to adopt Resolution #2007-156; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday, September 11,2007—7:00 p.m. 9.6 RESOLUTION#2007-157 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY ROBERT SPIECE, FROM CHAPTER 28, "ZONING", ARTICLE 6.21 "SCHEDULE OF OFF- STREET PARKING REQUIREMENTS", FOR VACANT PROPERTY LOCATED AT 105 SW 1ST COURT, DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-157. Laurence Leeds, AICP, Community Development Director, provided a description of the property which is located near City Hall. He indicated this is a duplex which is non-conforming with respect to parking, lot width, lot size, front yard and side yard setbacks. The Planning and Zoning Board recommended approval. Director Leeds noted there is no other location for the parking. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Flury motioned to adopt Resolution #2007-157; 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 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino had no comments. 10.2 Commissioner Castro Commissioner Castro had no comments. 10.3 Commissioner Flury Commissioner Flury questioned what had been done for Dania Elementary. City Manager Pato responded they are working on it and as soon as he hears from the Principal, he will let the Commission know. Commissioner Flury asked for Director Orlando toprovide an update on the Neighborhood Improvements projects at the next Commission Meeting. Commissioner Flury questioned if we would keep the Handy Storage rental for City records. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday, September 11,2007—7:00 p.m. City Manager Palo indicated the unit is required for an additional year. Commissioner Flury commented the Atrium does not look like the renderings which were displayed showing the renovations at City Hall. City Manager Pato noted no money was allocated for the Atrium as part of the City Hall expansion. He noted the original approval never included replacing the existing floor tiles. The price ranges from $52,000480,000 for new tiles. Mayor Anton would like the wooden structures in the Atrium removed. He also thought new tiles should be installed now that we have a renovated City Hall. Commissioner Flury motioned to approve a not to exceed sum of $80,000 to replace the tiles in the Atrium; seconded by Commissioner Bertino. The motion carried unanimously. Commissioner Bertino noted that when the new flooring is installed, the electricity underneath the tiles should remain in case it is needed in the future. City Manager Palo asked the Commission if they would like staff to present a proposal regarding the possibility of having a privately operated coffee-bar in the Atrium during certain hours of the day. He thought that with an improved Atrium it would be nice to have a sit-down area for people who have to wait for City services. It was the consensus of the Commission for City Manager Palo to bring a proposal to the Commission for consideration. Commissioner Castro advised that she and City Manager Pato attended meetings with Broward County relating to the Library issue, and will soon bring a report to the rest of the Commission. She noted that while at these meetings, she met Roy Rogers who is looking to put a butterfly garden at Dania Elementary. Mr. Rogers requested financial assistance to cover some of the expenses. He thought that $1,000 from the City would help defray some of the costs. It was the consensus of the Commission to spend $1,000 to assist with the butterfly garden at Dania Elementary. 10.4 Vice-Mayor Jones Vice-Mayor Jones noted the South Broward Hospital District adopted the lowest millage rate in 30 years. Vice-Mayor Jones advised that Memorial Fitness Walk and Run will be at Brian Piccolo Park, on Saturday, September 29, 2007, starting at 7:00 a.m. Vice-Mayor Jones requested that City Manager Palo check with Waste Management to see what is happening with their trucks and if they are subcontracting the bulk waste. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday, September 11, 2007—7:00 p.m. Commissioner Castro noted we need to ask Waste Management where the bulk trash should be placed, i.e., in the back of the houses, through the alleys, or in the front of the houses. She thought we should inform the residents so they know where to put their bulk trash. 10.5 Mayor Anton Mayor Anton advised that the Griffin Road railroad tracks, west of I-95, will be closed for repairs from September 14-28, 2007. Mayor Anton reminded everyone the First Budget Hearing would be held tomorrow at 7:00 p.m. in the Commission Chamber. He also noted there will be a representative of the Broward County Property Appraiser's Office located in the Atrium to answer any tax questions people may have. Mayor Anton noted that the County Commission had a meeting today and voted 6-3 to extend $17M in government loans for the Airport issue. 11. Discussion and Possible Action Discussed with Item #7.2 11.1 Fire Station #93 Tree Removals due to enlargement of Dry Retention Area (Continued from August 28, 2007) 12. Appointments There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager Pato City Manager Pato advised that the Grand Opening of the new C.W. Thomas Park facility would be October 11, 2007, from 5:00 p.m. — 8:00 p.m. The Parks and Recreation Department will provide a barbecue for those in attendance. 13.2 City Attorney Ansbro City Attorney Ansbro had no comments. 13.3 City Clerk—Reminders Wednesday, September 12, 2007—7:00 p.m. ls`FY 07/08 Budget Public Hearing Wednesday, September 19, 2007—7:00 p.m. Final FY 07/08 Budget Public Hearing Thursday, September 20, 2007—6:00 p.m. Abatement Hearing Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,September 11,2007—7:00 p.m. Tuesday, September 25, 2007 — 7:00 p.m. Regular City Commission Meeting 14. Adjournment Mayor Anton adjourned the meeting at 8:52 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC BOB ANTON CITY CLERK MAYOR-COMMISSIONER Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday, September 11,2007—7:00 p.m. CITY OF DANIA BEACH Agenda Item # /• Agenda Request Item Date of Commission Meeting: 10-9-2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Requested Action (Idenfity appropriate Action or Motion) Approve yearly payment for Civic Plus web site provider. Why Action is Necessary Annual charges due. Since it is renewed every year, per City Attorney it needs approval from Commission. What Action Accomplishes Comply with City's purchasing policy Purchasing Requests.ONLY Dept: 1704 Information Services Acct#: 001-1704-713.34-10 Amt: $8,220.00 Fund: General: 0 water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background Civic Plus provides the hosting of our web site and software for modifiying the pages of the web site. They also provide online bids, online job applications, EEOC information and notification services for subscribers. They provide similar services to over 300 government agencies around the country. Additional services include remote hosting and backup services. Fiscal Impact/Cost Summary The funds for these services are budgeted. Exhibits Attached Resolution Bid documents from the City of Hallandale Beach. Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by Chuck Cook Date 09/27/07 Department Director Patricia Varney Date 09/27/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 09/27/07 City Attorney Thomas J. Ansbro Date 09/27/07 City Manager Colin Donnelly Date User Creating Item Item Name (do not use/or\in name) Chuck Cook Civic Plus City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-190 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A ONE YEAR AGREEMENT WITH AN ANNUAL RENEWAL OPTION WITH CIVICPLUS, FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FOR AN ANNUAL AMOUNT OF $8,220.00, 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 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, or 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 certain City website services can be rendered to the City by Civic Plus; WHEREAS, the City Manager has determined that such services can be purchased at the least cost to the City from Civic Plus, under the City of Hallandale Beach bid awarded by that City's City Commission on October 3, 2006; 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 the City of Dania Beach and CivicPlus, attached as Exhibit "A". The City Manager and City Attorney are authorized to make minor revisions to the Agreement as are deemed necessary and proper for the best interests of the City. Section 2. That the City Manager is authorized to pay $8,220.00 annually for a one year term, payable from the Information Services Budget to CivicPlus, for the hosting of the City's website and related services. 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 #2007190 CivicPiuc License and Service Agreement for City of Dania Brach Dateinitiated: Organization: City of Dania Beach Web Address: www.ci.dania-beach.fl.us Contact Name: Joe Husosky E-mail Address: jhusosicy@ci.dania-beach.fl.us • Street Address: 100 W. Dania Beach Blvd Address 2: City Dania Beach State: FL Zip Code: 33004 Phone: 954-924-3636 Ext: Fax 954.921-2604 Billing Contact: Joe Husosky Billing Address (if different) Billing Phone#: 954-924.3636 Fax: Information required on invoices,e.g.P.O.#or Job#: Tax ID#: Sales Tax Exempt#: Payment Terms: Annual Acct. Rep. Laura Munsch Terms and Conditions: 1. Annual invoicing for this contract will take place as indicated by client. 2. Either party may terminate the agreement at the end of the contract term by providing the other party with 60 days prior notice. 3. In the event of a rate increase,CivicPlus will notify the client at least 60 days in advance of the annual renewal. 4. Annual foes for CivicPlus services are invoiced prior to the year of service and are due by the first of the following month. 5. Antral rates will automatically increase by 3°/a In the event of a rate increase that exceeds 3%CivicPlus will notify the client at least 6 months in advance of the annual renewal. 6. Payment is due on the date annotated on the invoice for that tenn's service.Service will be discontinued if payment is not made within 20 days after the due date.Payments received will be applied Ent to finance charges,then to the oldest outstanding invoice. _ 7. Ill account exceeds 60 days past due,the web service will be removed and the data will be erased. 8. Civicplus will support one designated support contact for the client. Support will include providing technical support of the CivicPlus system. Page design,graphic design,word processing training,custom programming,and application support are not included in this contract.Additional support services may be contracted separately. 9. If service is unavailable for more than 24 hours because of technical problems on the pan of CivicPlus,credit will be applied at$20.80 per day. 10. If service is unavailable for five days,contract will become void and prepaid fees will be refunded. 11, This contract will be binding for a period of three years with two one year renewals,at City's option,if written notice is given by City to Company at least thirty days before the end of the term,including any extended term 12. This Agreement may be terminated by City at any time after thirty days'advance written notice to the company;provided,however,that City is obligated to pay for all costs and services rendered by company up to the date it receives such notice. 13. Upon termination of the agreement for any reason,the content developed for use by City shall be transmitted to City for its use,and City shall be deemed the owner of all such content Page I of CivicPlus• 317 Houston St.,Suite E. Manhattan,KS 66502 888-228-2233,ext. 307,Fax: 785-587-8951 www.civicplus.com Date Initialed: C1vtclahas License and Service Agreement for City of Dania Beach • Project Summary Annual Fee On-going Services E 8220.00 Hosting,U rades, Su oort and Enhancements of Included Modules(800 MB) Total $ 8,200.00 IODULES AND Annual Fee Annual Fee 0 Archive Center $ Included 19 Online Job Application $ Included 0 Banner Development-Additional $ © Opinion Poll 5 Included 19 Bid Posting s Included © Quick Links s Included 0 Business Directory S Included 0 RequestTracker for users $ I® Document Certer 5 Included © Staff Directory $ Included ® Dynamic Breaderumbs s Included 0 Other: $ 0 Dynamic Sitemap $ Included Administrative Modules&Services 0 E-Commerce s ❑ Additional Domains $ 0 Events Calendar $ Included ❑O Bad Links Identification 5 included 0 FAQ S Included ❑ E-mail this Page $ 0 Forms Creation LI_form to email) $ © Links Redirect $ Included 0 Forms Development Tool 5 © Online Web Statistics 5 Included 0 Intranet $ © Printer Friendly $ Included M Job Posting $ Included 19 Rotating Content $ Included 19 News Flash $ Included 0 Search Engine Registration S Included 19 Notify Me Email Subscription $ Included © Site Search and Site Search Log $ Included • © Site History Log E Included Setup Notes:The client will be responsible for updating and maintaining their website.CivicPlus will continue providing updates to the software and maintain the content and data. Page 2 of CivicPlus . 317 Houston St., Suite E. Manhattan, KS 66502 • 888-1_28 2233,ext. 307, Fax: 785-587-8951 www.civicplus.com Date Initiated: Cl*JW License and Service Agreement for City of Dania Beach Additional Training: Training that involves billable time beyond the contracted amount will be documented and invoiced. Written approval by the client is necessary before billable time is incurred. Support: Page development support and technical support provided free throughout the terms of the contract.Technical problems with the software are addressed throughout the contract period at no charge. Additional Projects: Projects that involve billable time beyond the contracted amount will be documented.Written approval by the client is necessary before billable time is incurred. Maintenance Upgrades: Maintenance upgrades to the CivicPlus service are provided at no extra charge. Additional modules may be purchased and activated at any time Indemnification and Liability Dania Beach shall defend,indemnify and hold harmless CivicPlus, its partners, employees,and agents from and against any and all lawsuits,claims,demands,penalties,losses,fines,liabilities,damages,and expenses including attorney's fees of any kind, without limitation,in connection with the operations of Dania Beach and installation of software contemplated by this agreement, or otherwise arising out of or in any way connection with the CivicPlus'provision of service and performance under this agreement.This section shall not apply to the extent that any loss or damage is caused by the gross negligence or willful misconduct on the part of CivicPlus. CivicPlus will not be liable for any act,omission of act,negligence or defect in the quality of service of any underlying carrier or other service provider whose facilities or services are used in furnishing any portion of the service received by the customer. CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by customer or any entity other than CivicPlus that fumishes services,facilities or equipment used in connection with CivicPlus services or facilities. Except as expressly provided in this agreement,CivicPlus makes no expressed or implied representations,or warranties, including any warranties regarding merchantability or fimess for a particular cause. Development Specifications Additional development specifications and requirements will follow upon commencement of the project. Acceptance: We the undersigned,agreeing to the conditions specified in this document,understand and authorize the provision of services outlined in this comma , Name Ivan Pato, City Manager Date T.J. Ansbro, City Attorney Dania Beach Louise Stilson, City Clerk Name Date CivicPlus Please fax the above contract as soon as possible to FAX Number: 785-587-8951 For any billing questions,Accounting can be reached at 888-228-2233,ext.215 Support can be reached at: 888-228.2233,ext.307 785-587.1853,cxt.307 • Page 3 c CivicPlus.317 Houston St.,Suite E. Manhattan,KS 66502 888-228-2233,ext.307,Fax; 785-587-8951 www.civieplus.com CITY OF HALLANDALE BEACH, FLORIDA MEMORANDUM DATE: July 28, 2006 TO: D. Mike Good, City Manager THROUGH: Mark Antonio, ACM FROM: Ted LaMott, Assistant Director of I.T. SUBJECT: Website redesign RFP responses CMD 008/04 City Website BACKGROUND Seven vendors responded to the website redesign RFP. Their proposals and qualifications are discussed below to aid in developing a short list for the final selection process. • DISCUSSION Six vendors responded to the website redesign RFP: 1. Civic Plus; Manhattan, KS. 2. Panther International; Clearwater, FL 3. SpeedUneed; no contact information 4. PickMe, Inc.; Ft. Lauderdale, FL 5. Quaxar; Miami, FL 6. Websolvers, Winter Park, FL 7. Computer Gear, Navarre, FL A brief analysis of each of these vendors follows: 1. CivicPlus; Manhattan, KS. Cities: Safe Harbor, Dania Beach, many others nationally Staff: 47 employees Experience: 20 years General comments: this vendor offers a content management system where the user site staff updates the website content; user site staff is also capable of developing new web pages; vendor offered a well organized project plan. Sample webpage: The conceptual City of Hallandale Beach web page offered a good start for the basic format; the graphic design needs improvement City website redesign RFP responses Page 2 Responses to RFP: filled out the basic deliverables and supplemented with basic sales material. Service Level Agreement (SLA): 24x7x3 hrs for website support; 24x7x365 for hosting service Hosting: Offered (cost not specified, but calculated at about $3,000 annually); service available to help client to set up the system on servers at client site. Cost: Development: $35,000 Maintenance: $9,000/yr (if hosted by CivicPlus); Hourly charges for service range from $25 to $45. Bottom Line: Offers a website administration system where content and web pages can be managed by the client; vendor appears to have extensive experience; graphic arts are not exciting (but this could be a client- controlled factor) 2. Panther International; Clearwater, FL Cities: None; Tampa Downtown Partnership is closest to a city site Staff: 2 key staff noted; no total count given Experience: 12 years; mostly with aviation and military websites General comments: Project management approach to this project; offered a well organized project plan; extensive client list (24 government websites and 50+ non-government websites); the website offers a content management system that is updated by the client. Sample webpaqe: not offered Responses to RFP: did not specifically answer questions/criteria of RFP; supplied general sales literature. Service Level Agreement (SLA): not specified, but I would expect it to be adequate Hosting: $258/month ($3,100 annually); vendor prefers to host the website. Cost: Development: $33,981.40 Maintenance: ala carte; $44 to $64/hour Bottom Line: This vendor has a lot of experience with non-city entities; need to better define an estimate of the on-going maintenance cost (e.g. canvass current customers); graphics are not dazzling (but this could be a client-controlled factor); this is one of the larger web design companies that responded 3. SpeedUneed; no contact information Cities: None noted Staff: None noted Experience: None noted General comments: vendor offered a contract and very little specifics Sample webpage: Very similar to the city's current webpage, but cleaner Responses to RFP: No responses to RFP Service Level Agreement (SLA): None specified • Hosting: Not specified Cost: Development: $39,000 Maintenance: $125/hour CM website redesign RFP responses 072706.doc City website redesign RFP responses Page 3 Bottom Line: vendor did not properly respond to the RFP; vendor offered no N information on qualifications; no contact information noted; this vendor was dropped from consideration. 4. PickMe, Inc.; Ft. Lauderdale, FL Cities: None Staff: 1 full time staff; 2 sub contractors Experience: 5 years General comments: offered other websites as examples of their work; these web pages were visually appealing and designed to draw the visitor into the website. Sample webpage: offered an interactive sample website; visually appealing; good graphic arts; layout looks logical; Responses to RFP: responded to some of the evaluation criteria Service Level Agreement ISLA): not specified Hosting: would continue to use our current website host Ameribiz Cost: Development: $36,500 Maintenance: ala carte; $40 to $75/hour, depending upon service required. Bottom Line: this vendor presented good creative graphics arts ability and presentation; no government website experience; small company with few employees; vendor would be similar to our current webmaster. 5. Quaxar; Miami, FL Cities: Sunrise Staff: 4 noted Experience: not specified General comments: websites have won awards for graphic design and layout; vendor offers a system that allows the client to update much of the online content: a home page web portal, content management system, geographic mapping, calendar, database, document management system, and website statistics; vendor offers a project plan for developing websites. Sample webpage: none offered Responses to RFP: responded to some criteria; mostly reused existing sales proposals Service Level Agreement (SLA): Hosting: $400/month ($4,800 annually) Cost: Development: $36,000 Maintenance: $1,000/month ($12,000 annually) Bottom Line: vendor is offering a workable project process to implement a new website; sample web pages were uninspiring (but this could be a client- controlled factor); monthly maintenance is about three times what we are paying now; interesting database content management system allows client to quickly update content. 6. Websolvers, Winter Park, FL Cities: Winter Park, Altamonte Springs CM website redesign RFP responses 072706.doc City website redesign RFP responses Page 4 Staff: 4 listed • Experience: 10 years General comments: has a series of modules that are incorporated into the website: document management, job bank, news (press releases); vendor offers a reasonable project plan to develop the website; referenced websites had good to very good graphic arts with a reasonably logical layout. Sample webpage: none offered Responses to RFP: repeated goals and objectives indicating compliance Service Level Agreement (SLA): Hosting: $35 to $55/month ($420 to $660 annually) Cost: Development: $36,413 Maintenance: ala carte $85 to $155/hour Bottom Line: this vendor offered a good project plan with good references; the response was a little light on details, otherwise the referenced website work appeared good and appealing. 7. Computer Gear, Navarre, FL Cities: none; Santa Rosa County Staff: 1 listed Experience: 7 years General comments: basic project plan outline; no details. Sample webpage: none offered • Responses to RFP: basic responses to evaluation criteria Service Level Agreement (SLA): Hosting: not specified Cost: Development: $37,000 (specified 35,000 elsewhere) Maintenance: ala carte $25 to $45/hour Bottom Line: this vendor offered very little in way of a detail project plan; this vendor did not adequately respond to the RFP; this vendor was dropped from consideration. Cost analysis ...I. M. CMCPIu. ft.1 P.nene"n......entl I tale 9 dU H.1. Pkk Me,Inc.I Wb r ILb OsaMn I fLY::Ce W[OMrF WM,M MVeb menl lJf 000 ]]961 ?5i[$slfl+:':.'39000' J ]8.500 SJ6,OOD J 1611J K", I.Weiyw,h: ]000: +r,:�ISk.:pd�lkS.xpY'n`yAe pgilllcO ' Attl Y&?¢'Y YP1WNna enwnl-Ie nouNmonm L. 05 100 M 701 =d.4c.4 i✓0 iJ;5;:px 10 M0 65 1 J60 c.^25 :'iMti:.11100: H' H 6 100 M ION 729 H.'rY 000: 15 1 J00 MI ,.OW 155 }160 i:+Y zL`;itY3ti' 140 7 V R:..:vM91L (: k' SW^A,:,FF$��5114.V5 We Hoa5lq Mrvice ]000 3IN iim ai4J'A.,; 1 00 1800 060 '.++ Ld&+ +p9p 2;YM iri".u.'BOr1Xs: II RaGR^'a't%E4'.' S Jear wsl ' 77 3u as wlH HosYn 3J]300 31],110 wNOW Hon U,tO 61�10 77,r 1 "::111=0 112M0 JIfi OW 166�00 R+ '.k .M 60,000 N6,6005Y.GF ad=-rt;.d10 Vendor analysis . CivicPlus, Panther International, Quaxar, and Websolvers all appear to be competent medium to large organizations capable of developing a website. Pick Me, Inc. is a small organization comparable to the webmaster arrangement we CM website redesign RFP responses 072706.doc City website redesign RFP responses Page 5 currently have. SpeedUneed did not submit any useful information as to their . approach or prior work experience so they were eliminated from further consideration. All vendors indicated they would be able to develop the website within the budget constraints of the RFP. CivicPlus has the most experience with developing governmental websites. They offer a system with many modules to support a city's website needs (calendar, online forms, etc.). A strong benefit of their product is that city staff can directly update website content. The graphic arts of their referenced websites were average to good. Panther International appears to have very strong project management skills to be able to complete projects on time and in budget. They have a large number of clients, but limited government website experience. They did not indicate they have any ready-made modules to be used in the city's website; it appears that they would develop everything from scratch. The graphic arts from their referenced websites were judged to be average to good. Quaxar has a number of available modules that could be used in the new website (calendar, online documents, geographic mapping, etc.). Quaxar's City of Sunrise website graphic arts and format is judged to be just average; the web page layout is not very good (but this could be client controlled). . Websolvers offered a well-developed website development process to help ensure the city's website project moves forward in a predictable manner. Websolvers also offers a series of modules that can be incorporated into the city's website (although fewer than CivicPlus and Quaxar). The two listed cities had home pages that are judged to be good to very good in graphic design and organization (balancing enough content against being overly complex). Pick Me, Inc. had few websites and no ready-made modules to incorporate into the new city website. This vendor would also present the least change in our current set up in that they would still work with our current website hosting service. Presumably, they would also incorporate the existing city website modules to maintain the current level of functionality (community survey, applicant tracking, Employee corner, etc.). The web pages used as references were judged to be good to very good in terms of graphic arts with the content and organization judged good. This vendor's presentation of a sample city home page was the best of all presented. Summary The priority of the business requirements of the new city website need to be confirmed. Pick Me, Inc. appeared to offer the best graphic arts presentation, with Websolvers and Panther International close behind. CivicPlus appeared to have • the most complete product to allow city staff to directly maintain the website. An ideal situation would be to get the modules offered by CivicPlus with the project CM website redesign RFP responses 072706.doc City website redesign RFP responses Page 6 management talent from Panther and the graphic arts ability offered by Pick Me, . Inc. Recommendations Staff recommends the City Manager review the following vendors' proposals for consideration of the redesign of the city's website: • CivicPlus • Panther International • Websolvers Staff recommends IT schedule a meeting with City Manager staff to review and make a final recommendation for the City Manager's consideration. Should you have any questions, I am available at your convenience. Reviewed: D. Mike Good, City Manager Date • Approved Denied _ Hold for Discussion Comments: • CM website redesign RFP responses 072706.doc CITY OF HALLANDALE BEACH, FLORIDA • MEMORANDUM DATE: September 22, 2006 TO: D. Mike Good, City Manager THROUGH: Mark Antonio, ACM FROM: Ted LaMott, Assistant Director of I.T. SUBJECT: Website redesign RFP vendor recommendation BACKGROUND A "short list" of three vendors was recommended to the City Manager for final review to select a vendor for the website redesign RFP. The review committee evaluated the vendor proposals and qualifications and determined the CivicPlus product and services as the best offering for this project. DISCUSSION The three "short listed" vendors were: 1. CivicPlus; Manhattan, KS. This vendor appears has extensive experience developing government websites (over 200 government organizations). CivicPlus offers a software package system where individual pages can be customized, but ongoing updates to the content can be done directly by the client (i.e. city departments in our case). CivicPlus offers technical assistance in various areas including graphic arts to help us develop the various aspects of our website. 2. Panther International; Clearwater, FL This vendor has a lot of experience with non-city entities (military and air ports). Most web pages would be custom-made for the city website. While this would create a very customized look, it is also more expensive to create and maintain. 3. PickMe, Inc.; Ft. Lauderdale, FL This vendor presented good creative graphics arts ability and presentation, but did not have any government website experience. This is a very small company with few employees and the website technology used would be similar to our current website. All web pages would be custom-made which, again, would create a customized look for the city, it is more expensive to City website redesign RFP vendor recommendation Page 2 create and maintain. • Analysis It was determined that CivicPlus had the most complete product offering with the most experience with developing governmental websites. Their system offers many modules to support a city's website needs (calendar, online forms, etc.). An extremely useful feature of their product is that city staff can directly update website content allowing quick turnaround of information. CivicPlus offers graphic arts assistance to develop a professional look for our website. Panther International and Pick Me, Inc. lacked the depth of experience of CivicPlus. Additionally, these vendors would need to develop all of the needed web pages and functionality where CivicPlus's product is ready to use. CivicPlus quote for services was the lowest responsive bid received from all RFP submissions. Recommendations Staff recommends the City Manager approve the purchase of the CivicPlus system and associated services for the city website for an amount not to exceed $50,000. Funding is available in accounts 347-2012-519-3448 ($25,000) and 347-2010-519- • 3448 ($25,000). Should you have any questions, I am available at your convenience. Reviewed: D. Mike Good, City Manager Date Approved Denied _ Hold for Discussion Comments: • CM website RFP vendor selection 091806.doc PosNN Fax Note 7671 11M To REGULAR AGENDA-October 3,2006 TO Page 3 c^'tr,r'. c° w Ph° 0 Ph.ro. Fo• heCManaaer opd recognized the City Commission's support for service organizations within ty. Mr. Cummincs advised that the Tri-Area Llon's Club and Kiwants will be having a dinner on October 27,2008 at the Cultural Center. Dr. Joe Amunatr,cLyj, Hallandale Beach Area Chamber of Commerce President, stated that the Chamber was holding a Golf Tournament on October 24, 2006 at the Diplomat Country Club. He also advised That the Chamber will be holding the 1'Annual Taste of Hallandale Beach on November 15, 2006. Keith London, 613 Oleander Ddve, distributed a hand out to the City Commission which discussed concerns with the selection process to rill the seat vacated by Commissioner Gibbons. Mayor Cooper slated that a letter of intent and all other paperwork necessary to be considered for the appointment Is due cn November 1, 2006 by S:OOPM and the interview process would be held on November8, 2006. She stated that candidates would give a five minute presentation and then the Commissioners would ask questions of the candidates. She stated that the type and number of questions to be asked would not be restricted and could vary by the candidate being interviewed. She requested additional information on how the interviews would be conducted. UPDATE ARM 056106 CiN Manager Good stated staff is preparing the procedures for the interview process and the City Attorney will review for legal sufficiency. All laws will be followed. The interviews will be conducted in the Commission Chamber and televised, as directed by the Commission. UPDATE ARM 056/06 6. CONSENTAGENDA A. Pursuant to Chapter 23, Section 23-103, Competitive Bidding, Hallandale Beach Code of Ordinances, Request Authorization to Award RFPM FY2005-2006-005, Webahe Redesign Development Provider, to Iron Enterprises, Inc. d/b/a CivicPlus In an Amount not to exceed $65,000 and further, Authorize the City Manager to Renew the Contract Annually In the Best Interest of the City. M Approved,Funding Is Available as Specified in the Staff Report (Staff: Director of Information Technology)(see backup)CMDM 008/04 City Manager Good stated that the purpose of this contract award Is to expand the functionality of the Clty's website including more linkages to associated websites, ability to offer video dips, and ability t0 download Information. Users will be able to pay for utility bills online. Currently there Is a delay involved In providing information such as the Commission agenda because staff must send the information to a third party controlling the website and request that it be added. With this Improvement in functioning, staff will be able to directly provide new or updated Information. The Cost for the upgrade and expansion is anticipated to be about $50.000. An additional $15,000 is recommended to add enhancements once the website has been redeveloped. Mayor Cooper asked if there Is a limit on the number of webpages and/or links on the website. REGULAR AGENDA-October 3,2006 Page 4 • Ted LaMotl, Director Information Technolg imitations on the amount of webpages and/ or links. The larger the website the more storagere are no lspace is needed and costs are based on the amount of storage used. The recommended contractor has done over 200 government websdes and is well qualified for this project. 4ommissioner Gibbons noted that the annual website maintenance costs will increase from $4,500 a year to $11.000 a year and requested additional Information. Mr. LeMott responded that the upgraded/expanded websile will require more maintenance and that the company is available 24 hours a day, 7 days a week, 365 days a year to provide technical and related support. MOTION TO APPROVE CONSENT AGENDA,41o. UPDATE CMD#008104 7. PUBLIC HEARINGS(to be heard at 10:30 A.M.) A. An Ordinance of the City of Hallandale Beach, Florida, Amending Chapter 7. Businesses., Article XI. Peddlers, Solicitors and Transient Merchants, Section 7- 414 Solicitors'Identification Required.(Second Reading)(Staff.Chief of Polics)(see backup) CAD#039106 City Maeaer Good stated that this ordinance does not take away the right to participate in these activities. Those wishing to conduct this type of business must receive a license from the Development Services Department/Occupational License Division. The purpose of this ordinance Is to remove the requirement of receiving an Identification card from the Chief of Police. Mayor Cooper opened the Public Hearing. Seeing no speakers, the Public Hearing was closed. MOTION TO APPROVE THE ORDINANCE ON SECOND READING,910. UPDATE CAD#039106 S. CITY BUSINESS A. A Resolution Ratifying a Contract Between the City of Hallandale Beach and the Hallandale Beach Professional Flreflghter's Union Relating to Relations between the Employer and the Firefighters of the City of Hallandale Beach. (Staff'. Director, Personnel/Labor Relations)(see backup) -Q Manacer Good noted that the City and the Firefighters' Union have been working on this contract for some time the contract presented for City Commission approval Is good for the City and the Firefighters'Union. The result is that the City will be more competitive in attracting and retaining firefighters. Dave LeOuff, Fire Union President, stated that the contract Is huge step in the right direction for a growing and changing City such as Hallandale Beach, MOTION TO APPROVE THE RESOLUTION,510. CITY OF DANIA BEACH Agenda Item # /. Agenda Request Item Dale 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 or Motion) ' City Attorney's compensation as of October 1, 2007 Why Action Is Necessary City Attorney's compensation is adjusted by Resolution. What Action Accomplishes Purchasing Requests ONLY Dept: 1201 City Manager Administration Acct#: Amt: Fund: General: ❑X Water: ❑ sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ $ommary Explanation/Background Based on the evaluation of the City Attorney provided by the Commission, the City Attorney is eligible for a 4.6% increase in merit. A 2% COLA is also calculated effective October 1, 2007. Fiscal Impaot/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 Date Department Director Date Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 09/27/07 City Attorney Thomas J. Ansbro Date 09/27/07 City Manager Colin Donnelly Date 09/27/07 User Creating Item Item Name (do not use /or\ in name) Patty Varney City Attorney salary pity Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-191 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING AN ADJUSTMENT OF THE COMPENSATION PAID TO THOMAS J. ANSBRO AS CITY ATTORNEY; 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 compensation to be paid to Thomas J. Ansbro as adjusted is set forth in Exhibit A, a copy of which is attached to this Resolution and incorporated by this reference. 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 as of October 1, 2007. 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 EXHIBIT "A" Current salary according to Resolution 2006-156 $ 147,418.54 4.6% merit increase $ 6,781.25 2 % Cost of Living Adjustment $ 3,084.00 Annual Salary beginning October 1, 2007 $ 157,283.79 "Salary in lieu of Pension Benefits": $ 51,919.38 In addition, Mr. Ansbro shall be entitled to continue to receive benefits paid or made available by the City of Dania Beach, to be paid or made available at the same rate and subject to the same conditions that apply to Department Heads of the City, including, without limitation, an expense account, insurance coverages, sick, vacation and holiday leave and all other applicable benefits, which shall accrue at the same rate as Department Heads accrue them and which shall be paid upon separation of employment under the same circumstances and same rates as are payable to Department Heads. 2 RESOLUTION #2007-191 ® CITY OF DANIA BEACH Agenda Item # �• Agenda Request Item Date of Commission Meeting: 10-9-2007 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Requested!Action (iden*appropriate Action or Motion) Approve a resolution to apply for a grant offered by the Florida Department of Community Affairs Disaster Recovery Program Action Plan which is supplement aid to address the effects of Hurricane Wilma through HUD. Why Action is Necessary Grant application requires City Commission approval. The City must also indicate its desire to work through Broward County Community Development Division in the administration of the grant. What Action Accomplishes The resolution makes the City eligible to apply as well notifies Broward County and the US Department of Housing and Urban Development that the City will participate with Broward County in administering the grant. Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background HUD made additional funds available to make repairs to City property from damage due to Hurricane Wilma, as well as repairs to private property and hardening of qualified homes. Since the City has made its repairs through FEMA reimbursent, it can use funds to make repairs or harden and mitigate residential units in the City. Broward County will administer the grant for the City. They will accept applications, verity income, hire contractors and make repairs and administer all paper work. For those City residents who meet the income requirements, grant funds can be used for"hardening" their homes. Hardening and mitigation includes such items as storm shutters and window repairs. For those approved, funds will also be used to bring the structure up to code. Broward County estimates that each structure will require $25,000 worth of work, which means the City can upgrade eight properties. If funds are available, more than eight homes can be hardened. Residents will have to meet the definition of low & very low income levels, which are established by HUD. The City will pay Broward County 15% of the grant funds to administer the program. Flo I a lmIjumMost.Summary None. There is no city Match required and the administration is deducted from the grant. Exhibits Attached 1. Resolution 2. Application Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by Colin Donnelly Date 09/28/07 Department Director Date Assistant City Manager Colin Donnelly Date 09/28/07 HR Director Date Finance Director Patricia Varney Date 09/28/07 City Attorney Thomas J. Ansbro Date 09/28/07 City Manager Colin Donnelly Date 09/28/07 User Creating Item Item Name (do not use/or\in name) Kathy Herman Supplemental Grant HUD -Walma City Clark Uss Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-192 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A SUPPLEMENTAL APPROPRIATION RELATED TO HURRICANE WILMA FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DISASTER RECOVERY PROGRAM ACTION PLAN THROUGH THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS TO PROVIDE FUNDING FOR MITIGATION AND HARDENING OF QUALIFIED RESIDENTIAL PROPERTIES WITHIN THE CITY OF DANIA BEACH; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE APPLICATION; FURTHER, AUTHORIZING THE ACCEPTANCE AND EXECUTION OF THE GRANT AGREEMENT UPON ITS AWARD (AND ANY TIME EXTENSIONS, IF DEEMED NECESSARY); AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT FOR SERVICE DELIVERY WITH BROWARD COUNTY; 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 a certain application for Supplemental Appropriation related to Hurricane Wilma to be submitted to the Florida Department of Community Affairs Disaster Recovery Program in the approximate amount of$258,709.78 between the City of Dania Beach, Florida and Broward County, in substantial form as Exhibit "A", attached, 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 City Officials are authorized to enter into an agreement with Broward County for service delivery associated with the implementation of the grant in an amount not to exceed 15% of the grant amount. 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. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CIVIC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION 2007-192 Project Funding Information Supplemental Appropriation addressing Hurricane Wilma Procedures 1. Submit one Project Proposal reflecting countywide, priority disaster recovery activities, and a brief explanation of the process used to determine that the activity is a disaster recovery priority. 2. Submit two copies of the Project Proposal, with the original signatures of the Chief Elected Official or other in- dividual authorized by resolution to sign on behalf of the local government. 3. If not submitted to the Department under the 2004 or 2005 Disaster Recovery Program, provide the following information in numbered appendices: a. A detailed map depicting the boundaries of the County, the service area, the location of the activities, the flood plain and other relevant details, b. Copies of any policies that are applicable to CDBG (i.e., citizen participation plan, citizen complaint policy, acquisition and relocation policy, fair housing plan, procurement policy, housing assistance plan, etc.), and c. A copy of a statement of interlocal cooperation (letter) or existing interlocal agreement as described in the state's emergency rule if a project will, in any way, impact another local government. 4. Comply with the Intergovernmental Coordination and Review (IC&R) process outlined below. a. Mail twelve copies of the Project Proposal to the Florida State Clearinghouse, Department of Environmental Protection, Commonwealth Building, Tallahassee, Florida 32399. A transmittal letter should accompany the materials sent to the State Clearinghouse and should request that the Clearinghouse send copies of any correspondence to the county and to the Department of Community Affairs. The county may also ask the Clearinghouse to send copies to other parties such as consultants and engineers. b. Submit one copy of the Project Proposal to the Regional Planning Council that serves the county. 1 Project Information and Certification COUNTY INFORMATION County Applicant Jurisdictions to be Served City of Dania Beach City of Dania Beach Local Contact Title Colin Donnelly Assistant City Mana er Phone Number FAX Number 954 924-3613 954 921-2604 Mailing Address Street Address or Directions 100 W. Dania Beach Blvd City Zip Code Dania Beach 33004 E-mail Address Cdonnelly@ci.dania-beach.fl.us Chief Elected Official Bob Anton Title Mayor Chief Elected Official's Address (if different) PROJECT PROPOSAL PREPARER INFORMATION Agency or Firm Address Phone Number Contact Title E-Mail Address COUNTY INFORMATION What is your county's total population? What is your county's LMI population? 28,802 16,302 Are the jurisdictions to be served covered by the National Flood Insurance Program? Yes No Are the activities consistent with the local comprehensive Ian s ? Yes No Are the activities consistent with the Local Mitigation Strategy? Yes No Is a statement of interlocal cooperation(letter) or interlocal agreement (existing) with another Yes No local government necessa in order to a ply for administer or carry out the proj'ect activities? U.S. Congressional District Florida Senate District(s) Florida House District(s) 22 - Klein 31 - Geller 100- Jenne HISTORIC PRESERVATION Will the project or any related activities result in direct physical changes to a structure older than 50 Yes No years, such as demolition (partial or complete), rehabilitation, restoration, remodeling, renovation, ex- ansion or relocation? Will the project or any related activities result in direct physical changes to public improvements older Yes No than 50 years, such as stone curbs or brick streets? Will the project or any related activities result in direct physical changes to a planned open space Yes No older than 50 years, such as a park orplaza? Will any project activities occur within 100 feet of a structure, public improvement, or planned open Yes No space older than 50 ears? Will any project activities occur in a Historic District listed on the National Register? Yes No If"yes"was a response to one of the questions above, you must contact the State Historic Preservation Office (SHPO) immediately. Properties that are listed, or eligible for listing, in the National Register of Historic Places must meet the specifications reflected in the Secretary of the Interior's Standards or Rehabilitation Guidelines for Rehabilitating Historic Buildings 2 ASSURANCES, CERTIFICATIONS AND SIGNATURES I, the undersigned chief elected official or authorized representative of the county, certify that this Project Proposal has been approved by the local governing body and that the county will comply with the following certifications and assurances as well as applicable federal and state requirements in the administration of any award that is made. 1. Citizen participation requirements will be met. 2. The County will satisfy the Intergovernmental Coordination and Review requirements by submitting required information to its Regional Planning Council and to the State Clearinghouse. 3. The County will not attempt to recover, through special assessments, capital costs of public improvements funded in whole or in part with these funds unless otherwise authorized by 24 CFR Section 570.482 and Section 104(b)(5) of Title I of the Housing and Community Development Act of 1974. 4. Each housing structure addressed with CDBG funds will, upon completion, meet HUD Section 8 Housing Quality Standards and the local housing code. 5. The grant will be administered in conformity with the Civil Rights Act of 1964 and Fair Housing Act; the County will affirmatively further fair housing and undertake one fair housing activity each year. 6. An Anti-Displacement and Relocation Plan has been adopted (or will be adopted prior to the expenditure of funds) and displacement of persons will be minimized. 7. The information presented in this application is accurate, and documentation is on file and readily accessible to Department of Community Affairs staff. 8. Documentation verifying the service area(s) have, if necessary, been properly surveyed using the appropri- ate HUD Guidelines and that the number of LMI persons residing in the service area(s) are consistent with the number of beneficiaries claimed in this application. 9. The County will affirmatively further fair housing and undertake one fair housing activity each year. 10. The County has adopted a Community Development Plan or has adopted the Local Comprehensive Plan as the Community Development Plan. 11. The County has adopted a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations. 12. The County has adopted a policy of enforcing applicable state and local laws against physically barring en- trance to or exit from a facility or location that is the subject of such non-violent civil rights demonstrations within its jurisdiction. 13. No other source of federal, state, or local disaster funds is available to meet the need for the activities. 14. Submission of this Project Proposal was authorized by the local governing body. Signature of Chief Elected Official or Individual Authorized by Resolution of the County Date 3 CDBG Activities This table provides a list of typical CDBG activities. Use the activity name,activity number and unit of measure when completing Attachment A. If you have questions or wish to undertake an activity that is not on the list lease contact the Department. ACTIVITY NAME* ACTIVITY UNIT OF ENGINEERING NUMBER MEASURE TABLE Acquisition for rehabilitation 15G LF, SITE, PARCEL, N/A UNITI U BU Acquisition in 100 year Flood plain or Acquisition,acquisition(in support 01 LF, SITE, PARCEL, N/A of), acquisition of real property,acquisition: land, building,easement UNIT, HU, BU or right-of-way Administration Planning and Management 21A N/A N/a Asbestos removal lead based paint abatement 03R HU BU N A Clearance and Demolition 04 HU BU UNIT Code enforcement 15 HU BU N/A Commercial/industrial building acquisition,commercial rehab, demoli- 17C BU Table II tion Demolition of vacant dilapidated housing units 04A HU SITE N A Demolition of vacant dilapidated structures other than housin 04A HU BU UNIT N/A En ineerin 21B N/A N/A Fire protection, fire hydrants, water facilities, lines,tank,treatment, 033 LF, UNIT, HYDRANT Table II(Plant,Well well and Tank Table I Fire station equipment 030 UNIT Table II Flood&drainage, hazard mitigation,flood&drainage,storm drains, 03I LF, UNIT Table II catch basin retention pond,curb&gutter Housing rehab plumbing 14A LF UNIT HU N/A Open space parks, playgrounds, recreational facilities 03F LF, UNIT, SITE, Table II PARCEL Other Commercial Business Assistance 17D UNIT Other commercial/industrial improvements 170 BU UNIT SITE Parking facilities spaces 03G UNIT Table II Permanent relocation as part of hazard mitigation, permanent reloca- 08 HU, BU N/A tion temporary relocation Potable well&septic s stem installation 14A LF UNIT WELL N/A Public facilities& improvements OTHER 03 LF UNIT Table II Recreation/neighborhood center,senior center 03E LF, UNIT, SITE, Table II PARCEL Rehab multi unit residential 14B HU N/A Rehab public/private owned commercial industrial 14E N/A Rehab single unit residential 14A HU N/A Rehabilitation of commercial buildings,facade,section 504 compliance, 17C BU Table II correction of code violation building rehab by owner tenant Relocation of commercial facility 08 HU BU N/A Relocation of utilities to underground 03 LF UNIT Table II Removal of architectural barriers in public buildings 10 BARRIER UNIT Table II Replacement housing 12 HU N/A Sewage treatment plant,sewer lines&components,sewer line re- 033 UNIT, LF, PLANT Table I placement, other sewer facilities force sewer main, gravity sewer main, treatment pump/lift stations Sidewalks and pedestrian malls 03L LF Table II Solid waste disposal improvements 03H LF UNIT Table II Street improvements, resurfacing 03K LF Table II Tree lanting 03N UNIT N A Utili hookups 03 HU BU Table II Water and/or sewer hooku s for housing units 14A HU BY Table I Water facilities,water&sewer improvements in general, nonresidential 033 LF, UNIT Table II(Hook-up is water hookups; new potable water lines Table I 4 ATTACHMENT A- INSTRUCTIONS GENERAL Each County must submit a project budget and proposed accomplishments and beneficiaries. This information should be provided on the Project Description and Budget by Service Area form and/or the Project Description and Budget Summary form (if there is more than one service area). ATTACHMENT A— Project Description and Budget by Service Area If more than one service area is being addressed, complete the Project Description and Budget by Service Area form. Be sure that the service area is clearly identified. Label the service area with a name and a number (i.e., Service Area 1-Habor Street Area). Check computations to ensure that subtotals and totals are correct. ATTACHMENT A—Project Description and Budget Summary This form should reflect the total budget (and related information) for all service areas. If the proposal covers only one service area, this is the only form that you need to complete. However, if activities will occur in more than one service area, the Project Description and Budget Summary form must be completed for each service area. The fol- lowing information explains how the form(s) is to be completed: o Category—Projects must fall under one of the two categories listed (Housing or Infrastructure). o Activity Number—Enter the activity number (as reflected on list of CDBG Activities). o Activity Description — Enter the activity that is being undertaken (as reflected on list of CDBG Activities). o Administration—Enter the amount to be used for administrative costs other than service delivery. o Engineering —Enter the amount to be used for engineering plans and design specifications. o Accomplishments/Unit—Enter the unit of measure (as reflected on list of CDBG Activities) for the activity. o Accomplishments/Number- Enter the proposed number of units that will be addressed or constructed. (For example, if 10 housing units will be rehabilitated, enter 10). o Beneficiaries—Enter the number of LMI and VLI beneficiaries as well as the total number of beneficiaries. o Budget—Enter the amount of CDBG funding that will be allocated to the activity. Enter the amount of other funds that will be allocated to the activity and identify the source of the other funding. INSTRUCTIONS FOR PREPARING AN ESTIMATED PROJECT BUDGET The "Cost Standard Used" to estimate costs will be reviewed by Department staff for cost reasonableness. The De- partment reserves the right to request justification of the cost reasonableness of any budgetary item. If the County cannot justify a cost, the Department will reduce the line item budget prior to entering into a contract. If the County wishes to be reimbursed for the cost of preparing this Project Proposal, be sure to document the eli- gibility of the expense. To be an eligible expenditure, the following requirements apply: o The Preparer must have been procured pursuant to 24 CFR Section 85.36, as it existed on the day of ad- vertising for the Request for Proposal. o If the County prepared the Project Proposal using local government staff, or if the staff of another gov- ernmental agency was selected pursuant to Chapter 287, Florida Statutes,the County may seek payment only for direct costs incurred as part of the grant proposal preparation. o Invoices or other documentation to justify the amount requested must also be included. The Department will review this procurement or expense, and if it determines that the procurement process or contracting process was not carried out correctly, or the expense is not eligible, the Department will disallow the ex- pense. PLEASE CONTACT THE DEPARTMENT IF YOU HAVE ANY QUESTIONS. 5 j\ § . \E . ) kIm {) ° 2 — < \E w R � ); ! ( (\§(a ! / 2200 ; ® / 253 \\ .2 m ® \ \ ° Ir _ 0 _ — — ;{) t /); � < :— \ § ; _ m . . ,.2 k\G § {f/ § 0 § /Ia ° — k k ! )\\ k W J O O - N Q W Q 0.. =Z U OLL C W N J F Q Z m07 f U� C a = NI I I lw � K a J a N U u O w N W m N a � Y W r m 0 3 In J C R C N � 0 w m a = z S2 u J da O o V U � U7 a O a J J J J J J J J J J J J a Za N F U W Z K W Q W $ n U V O Z � K r O w ~ Q Z Z J J a � Q W N w W F O Z Z Z K Q O Z m Z= Q W a 'Wa :... N w a it m U W w Q Z 2 W z m N � N f W a n O H J J � O O a Q m LL w w ~ F 0 0 O O CITY OF DANIA BEACH Agenda Item # 7 Agenda Request Item Date of Commission Meeting: 10-9-2007 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid IRFP ❑ Presentation ❑ Continued from: Requested.Action (Idenfity appropriate Action or Motion) ALLOW CONTRACT WITH FLORIDA HIGHWAY PRODUCTS, INC. (FHP) TO RESURFACE STREETS AND OTHER PAVED AREAS. Why Action is Necessary TO CONTINUE AND EXPEDITE STREET, ETC., MAINTENANCE PROGRAMS What Action Accomplishes PROVIDES CONTRACTOR FOR THE CITY'S CONTINUING MAINTENANCE PROGRAM Purchasing Requests ONLY Dept: 4101 Public Services Streets Acct#: 001-4101-541.46-60 Amt: $250,000.00 Fund: General: ❑X Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background SEE MEMO Fiscal Impact/Cost Summary BUDGETED FUNDS 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 10/01/07 Department Director Dominic Orlando Date 10/01/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 10/01/07 City Attomev Thomas J. Ansbro Date 10/02/07 City Manager Colin Donnelly Date 10/02/07 User Creating Item Item Name (do not use/or\ in name) Leo Williams FHP ROAD RESURACING City,Clark Use. Commission Action: Approved: 7 Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-195 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE ROAD RESURFACING SERVICES IN AN AMOUNT NOT TO EXCEED $250,000.00 IN FISCAL YEAR 07/08, FROM FLORIDA HIGHWAY PRODUCTS, INC. UNDER PALM BEACH COUNTY BID 03/04-06; 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 6), 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 road resurfacing services for City uses; and WHEREAS, the City Manager has determined that such road resurfacing services can be purchased at the least cost to the City from Florida Highway Products, Inc., under Palm Beach County Bid 03/04-06; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proposal from Florida Highway Products, Inc., for the purchase of road resurfacing services in an amount not to exceed $250,000.00 in Fiscal Year 07/08, under Palm Beach County Bid 03/04-06 which will expire on February 24, 2008, is approved and the City Manager is authorized to pay Florida Highway Products, Inc., for such services from the General Budget. 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#2007-195 914L�4007 ENGINEERING . RVICES DEPARTMENT e 1000 45"'Street, Suite 15 West Palm Beach, FL 33407 TEL: (561) 494-1040 City ///''' FAX: (561) 494-1116 Oj MEW `Zest 'Palm Beach l �.��.rc. "The Capital City of the Palm Beaches" E�FNEI� March 22, 2007 5EP 2 7 2007 Mr. Robert H. Maggard, Vice President Florida Highway Products, Inc. P.O. Box 928 Bartow, FI. 33831 RE: Annual Microsurfacing Contract—Amendment 4 Dear Mr. Maggard: Attached is your copy of Amendment No. 4 to the above-referenced project that has been duly executed by the authorized officials of the City of West Palm Beach for your files. Sincere) , Robin L. Hewitt Contract Specialist /rlh Attachment Copies to: Jonathan Bramley, Director of Engineering Services Nasim Taheri, Senior Project Engineer "An Equal Opportunity Employer" Consultant/Contractor AMENDMENT NO. 4 TO THE 0111viNa ANNUAL MICROSURFACING CONTRACT Sealed Bid No. 03/04-06 THIS AMENDMENT NO. 4 TO THE ANNUAL MICROSURFACING CONTRACT ("Amendment No. 4") is entered into by and between the CITY OF WEST PALM BEACH ("City") and FLORIDA HIGHWAY PRODUCTS, INC., ("Contractor"). WHEREAS, the City entered into the Annual Microsurfacing Contract, dated February 25, 2004,with the Contractor to perform various roadway microsurfacing projects, on as needed basis; and WHEREAS,by Amendment No. 1,dated March 31,2005,the City renewed the Contract for an additional one(1)year period("Second Annual Term")and increased the unit prices specified in the Schedule of Bid Items in accordance with the provisions of the Contract; and WHEREAS, by Amendment No. 2, dated January 31, 2006,the City renewed the Contract for an additional one (1)year period ("Third Annual Term")and increased the unit prices specified in the Schedule of Bid Items in accordance with the provisions of the Contract; and WHEREAS, by Amendment No. 3, dated November 13, 2006, the City renewed the Contract for an additional one (1)year period ("Final Annual Term")and further increased the unit prices of the Contract; and WHEREAS, the City desires to amend Paragraph "5" of Amendment No. 3 to the Contract to increase the anticipated value of the Third Annual Term, subject to the terms and conditions contained herein. AGREEMENT In consideration of the foregoing recitals, the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Contractor hereby agree as follows: 1. Recitals. The City and Contractor hereby acknowledge and agree that the recitals set forth in this Amendment No. 4 are true and correct in their entirety. 2. Contract. All references to"Contract"shall mean the terms and conditions contained in the Annual Microsurfacing Contract, dated February 25, 2004, as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3 and this Amendment No. 4. 3. Estimated Expenditures. Paragraph "5" of Amendment No. 3 to the Contract, "Compensation"is hereby amended to provide that the anticipated value of the Third Annual Term is increased by Six Hundred Thousand and 00/100 Dollars($600,000.00),for a total of One Million and 00/100 Dollars($1000,000.00). The City reserves the right to increase or decrease the amended anticipated value as necessary to meet actual requirements. The City does not guarantee any minimum amount of work, or the extent of services required. It is understood and agreed that the City's obligation to pay under this Contract is contingent upon an annual appropriation for its purposes by the City Commission. Florida Highway Products,Inc. Annual Microsurfacing Contracts-Amd. No.4 02072007 4. Effect of Amendment. Except to the extent the Contract is modified by Amendment No. 1, Amendment No. 2, Amendment No. 3 and this Amendment No. 4, the terms and provisions of the Contract shall remain umnodified and in full force and effect. 5. Construction. In the event of a conflict between the terms of the Contract, as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3 and the terms of this Amendment No. 4, the terms of this Amendment No. 4 shall govern and prevail. IN WITNESS WHEREOF, the City and Contractor have executed this Amendment No. 4 as of the date and year written below. CIZESBEACH ATTEST: IZZ21 ByCity Clerk ayorp Dated: V y 0._V JA, (� 2007. F:\utilities\agreements\amend\fh-microsurf-amd4.doc 410.04-00424NII CITY ATTORNEY'S OFFICE Approved as to form and legal fficie cy By: Date: 0 FLORIDA HIG—HjW�A_Y PRODUCTS, INC. By: Print Na1r a Title: Florida Highway Products,Inc. 2 Annual Microsurfacing Contracts-Amd. No.4 02072007 BOND RIDER To be attached to and form part of Bond No. KO 75 14 03 7 It is hereby understood and agreed that the contract amount has been increased from $400,000 to $1 million. The oblige is City of West Palm Beach All other terms and conditions of the bond remain in effect and unaltered. MARCH 8, 2007 Signed, sealed and accepted this Westchester Fire Insurance Company B `/ Ca�..�. �w.✓ Y ROSANNE CALLAHAN , Attorney-In-Fact P©WeC Of WESTCHESTER FIRE INSUR ACE.OMPANY g�73 l 4ttaYney , , !7M52 .Know ell men by these presents:-khavwESTCHESTER FIRE INSURANCE COMPANY,a corporation of She State of New York,having.it$ prinei pal ffi office in the pity of Atlanta Georgia;pursuant to,the fo]Iewlrtg Resalutton,adopted by the Board of Dtrectors of the said Company on.November 8,I994,to wit' 'REWLVED;Rut ibn followang Rules zbtll go the e(ttonov d'ar tl+S Cumymy ofbaritt,umiertakings,recogghmees,rovtrects amlaafa+wntmgsm the(unvemtt¢af ' ' try llix the Pr sidmt,my Seryar L ce PPcv dart any V3Ce faiticot vad MsuiBpt V ce PrafEat,oe anY Anorvry i-Fac0.rgay accuse to ivd op bebi4f oE1be.�ompmy any®vd ell hoods,.undertakings,rfcngnumcq cougaztsmd othq:wntmgsm Weaatpie Ihawf Ilwsairie tube aentul whesnecesmy M the Cerporam Swgary,ar mY Aastmt Corporate Sareiar,and the sa(of the Company akExerttbereta;�d thitdrt r Presidmi,mY Seryar Yicc Presidwt eqy Vice}'radc' or my AssiatmtviaRrsideotMay appoint and8utpaeizc my Mhee office,(cicctWdr appcuptci)of areCDmPnot as Anorgrystn Fact 7dm e(eeutter attest to thctE:autian of al19uc6 wnaegs oo btlrstfnf the Comemyihd m aEfp lt(sssl oftht OD annoy thettto (2) ' Any Suchwdtrvgezecutedma wrdmm vnN these Rals Shellbe is binding ui,nh the Company in my case al though signed by the Pasdenrmdsuestedm by the Corpomte Secretary fsj^ '"CsigoaDn aftthe Prmdmtar as co mirk Prsutmijtx sVaot lk ideQeaor saA.'nota4VroePrsrdaR§nd theseai oPthe Compmy ay btaRa(edbyf s(mle od,my powtt dfadomry gwvmdyyttrsrrssumtt dray Rmlut eNr,aodt4CsignatmCofa C,�tiifyi tg'Offjcrr$0 the sealof WiCumPmytngybe ad'uW by fazdimtle to anY ternnta{c aE>ory sutq pDwec,w+d avY 9p5h power pY td4firazt Gxivg Such fasmrite'sigpehue'md s 'sTulFbcvaiida¢dbYgdtog on the Compeny o ; �a)' sLr5 other Ofifctts�prEw Company,and Anameysffi Pact s(all have authopryfo cmtfyrir vo3[yEOPis oEtlus Rsolvnoq tha BY-t-mvsaf We Company,and my of davit ar rewrd oPDe Company uattisvy mWc dixhnrge of their dupes (Sj ^ittpaseige ofjhr#'Resolutimdont not rev,e myemlie mit46ratp gmdted by Rso(unouSofibc Board of-Dircciars Does hereby nOSninate ccrnstitut'e and appointl�IANA P.AI;-XSCI;MARYLOU BROWN';ROSANNE,CALLAHAN,ROBF,RT FINI BMLL , PETERHENRY:and RICHARD K KAINZ all of the'City of Plainview,State QFNew Yolk,eacf rnaivrduaRy;ifthe e be rit a than one named,its true and Lawful attatRjey to fact to hake,cxecute;seal and deltve5 on its bchWf,,,add as its act•and deed any and all bgrtds,undertakings, recognizances,contracts and other,vaitings rn they ulture thereof in penalties not exceeding Five Million Dollars($5,000,000)and the execution of such. Writings,in pursuance Df ibese pr'eseii sS sQ1 6; a's� inning upon said Company,as fully and amply aS ifthey had been:duly executed and ackowledged by iheregulady elected 4fftcers'oftheCo*pariy at itS prrnolpaiyffice' fP'1 irJY3`NESS WHEREOF-tlfe said'5Cel;iren M.Haney;Vioe-President,has hereutlto subsctibedltr3 name and affixedthe corpnrate sea]of[IV said YVES'CCHESTEA FIRE Il`ISURANCE'COWANY`this I5th day of December 200d WESTCHMtkR FIRE INSVRANCECOMPANY' 'p9 t u "o o ZGR�agtlCCE-'G Stephen 1\'I Raney,Vicepresident GOMMON.IY};ALTH OF PENNSYLVA iA -_ C'OUPA'I`Y QF PHILADBLPHIA 9s this-1,5ih da f of>Oecembett h t7,2606;.before bee,0Notary Public of the Commonwealth of'Pennsyivania in and for the County df Philadelphia 'r can(t StephenM.'Haxley Vt€e Praresidentrof ilia 3yRS FCHESTh RiRE IN5URpNC CQMPAAk7C tO,fierspnatly`knoWn to be the€ndrviduisi 8fficet.vdho lexecutede preceainp,i�tSufneni;and he acknowledged Ihathe,txeduted tiro a,'sme-agd,thatThe seat affixed to the preceduig instNMtn[istha' corpotaCe seal pf3aid-Compaay,;that thcsaid oorpfttate rani and�6ts signature Wert duly affixed by theat`i4tontq"snd di4ectionbEthe said corporation anti °;that Resplunou,adopted by the Bd of3Arehto�of said Conopany,refeaedto in the pr'ec. tog rnstrume... �s now utfurne. BJ�'CESTtMF,3iY WHEREOF. tlEave hereuhto set my hand'and affixedtny official seat of the Crty csf,P,hiladelpjria the day and year fast above writtYn,--:: Mr41, r •iyyti,; .i i N ARiALEAL A . �. r ,7� p.s Kathledn Ti mrri ?rotary Pnhhe `, t x���� �j�.� P;kglB+�elpkta,Fh17adetphlaCottnty" ' —�� * Q� 2 llpwrtfn15u9aaxpiresSgpid.t'" ' 2fNt NotaryF bhc v y 3 tySi � 1 A M r *al`the uEt'rterSrgned Secm't8-y o WESTCHESTER PARE tNSUIYANCE COMPANY do hereby cutttfythat the orrginai FOW'?R OF` 'i t'` . ATTOkJflE?jofwhrehthefor�goingNs a§uiaslavdaUytrue gild.doaececopy,i{Infnll force and'ffeci "+. In *herwE`Tha ttnfd snbscr;bed my Pal as Secietar;y and af�zced;,.the corjporate:Seal Of theCorporatron a i �Sp4, t YEA o } t : Mulligan;8wtetary.. THIS PQ1KrER.OP'A'ITORNBY ATAY NOS'BB USEq TO BIfEGUTB.eWY f50ND Wffli AN[NGEP7FI0"�L PATJ -AFT&A Dedombee 15 200%= i ® THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES ® THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. ■ Small Business Division 200 2"" Street, 2nd Floor West Palm Beach,FL 33401 Tel. (561) 659-8029 Fax(561) 653-2698 Small Business Program Statement of Subcontractors Participation Instructions: List all Small Businesses that will participate on this project/contract. The City of West Palm Beach and Palm Beach County Certified Small Businesses can be used to meet the goal established for this project/contract. Submit this form with your bid/proposal. SECTION I. General Information Bidder orProposer's Name: — F��i/� b Preparer's Name: Title: S/Za JvCGT �9E/Z Project Name: J�;7K/2d Project Number: Sealed Bid or RFQ Number: SB Goal (if established) 7a Total Base Bid: $ ':,CU,oOL' Total Bid(base bid and alternative, if applicable): $ SECTION II. Small Business Participation The firms listed below have agreed to participate on this pro'ect or contract. t to Ia , Bn :12,orm 4J- [te.. x1 IMrsEtiftilS 1 ".6t. 2. $ % %' 3. $ % %u 4. $ % % 5. $ % % 6. $ % % 7. % % 8 $ % % 9. % % 10. $ % % Preparer's Signature: Date: Z Forth SB 04 0c[00 Ex.7 SBE Small Business Division Tel. (561)822-2100 Fax(561) 822-1275 Small Business Program Recommendation Report Instructions: Use this form when a company/firm is being recommended for an award of contract,a change order,or a purchase order. Department Directors and/or their designees are responsible for the completion of this form.Complete this form by filling-in the information requested in Sections I,and Section II(for contract award)or Sections II and III(for Change Order). Submit this form to the Small Business Division for approval.You can e-mail to Carolyn Paul-Haswell as attachment in Lotus Notes. SECTION I. General Information User Department Engineering Services Project Name Annual Microsurfacing Contract-Amendment No.4 Sealed Bid, RFQ,WA,or Requisition No. SB 03/04-06 Recommended ContractorNendor Florida Highway Products, Inc. Is the recommended company a certified SB? No JDid any SB bid this project? JNo Prepared By: Robin Hewitt I Date: F 2/23/2007 SECTION II. Contract Award -Attach a Letter of Intent (Form SB 07) for each company listed below. Total Contract Amount $600,000.00 Established SB Goal 4 If No Goal was established,check with an X Awarded SB Goal 4.00 SB Subcontractors SB Contract Amount Percent SB Office Use This contract will consist of work orders, $0.00 0.00 FHP will use Wynn&Son Environmental $0.00 0.00 for overall participation of 4%. $0.00 0.00 $0.00 0. 00 Wynn&Son $25,000.00 4.00 Expires-Jun-30-2007 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 Total Awarded SB Subcontract $25,000.00 4 SECTION Ill. Change Order on Contracts -Attach copy of the Change Order Change Order Num. Previous Total Contract Amt. Change Order Amt. Revised Total Contract Amt. SB Subcontractors SB Contract Amount Percent SB Office Use $0.00 #DIV/0! $0.00 #DIV/0! $0.00 #DIV/01 $0.00 #DIV/0! $0.00 #DIV/01 $0.00 #DIV/0! $0.00 #DIV/0! $0.00 #DIV/0! $0.00 #DIV/0! $0.00 #DIV/0! Total Awarded SB Subcontract $0.00 #DIV/01 Form SB 08 Oct00 T P,g r_ 04 S. U � �ZOB- RISK MANAGEMENT COMPLIANCE CERTIFICATE AND INSURANCE CERTIFICATES PROJECT NO. Various PROJECT: Annual Microsurfacing Contract-Amendment No. 4 This is to certify that I have reviewed the required Insurance Certificate(s) submitted by the Contractor for the above Project, and find that the Contractor has furnished to the Owner such Certificate(s) of Insurance by companies acceptable to the Owner and the Engineer with regard to type and amount of coverage, as well as form of notice, as stipulated in the General Terms and Conditions. Ann-Marie harpe, isk Manager DCity of West Palm Beach, Florida This day of 200� This certificate is executed by Lebarry Mutual Inamines Grone as respects such insurance as is afforded by those cam anies. BM0068 Certificate of Insurance I ILis cedificam u issued az a matter of infomation only and confers no rights upon you the catificam holder. This certificate is netan immance policy and does not amend,extend crater the coverage off dedby Ne policies Gsred belmv. This is to certify that(Name and address oflusured) FLORIDA HIGHWAY PRODUCTS INC Liberty3900 US HWY I7N ' BARTOW,FL 33830 myti r. it,at the issue dare ofthis cerd5cam,ivsmed by the Company under the pohcy(ies)listed below. The insurance afforded by the listed policy(tes)is subject to all their terms,exclusions and conditions and is not atonal by any requirement,,mxm or condition of an contractor other document with es ect to which this certificate maybe issued. Expiration T a Eff./Ez .Date(s) Policy Number(s) Limits of Liability Continuous" Coverage afforded under WC law of Employers Liability Extended the followingstates: Bodily Injury By Accident X Policy Tenn Each Accident Bodily Injury By Disease Policy Limit Workers Compensation Bodily Injury By Disease Each Person 08/01/2006/08/01/2007 TB1-121-091650-026 General Aggregate-Other than Prod/Completed Operations General Liability $2,000,000 .Products/Completed-Operations Aggregate HClaims Made $1 000 000 X Occurrence Bodily Injury and Property Damage Liability Per $1 000,000 Occurrence Retro Date Personal and Advertising Injury Per Person/ Organization Other Liability Other Liability 08/01/2006/08/01/2007 AS1-121-091650-016 Each Accident-Single Limit-B.I.and P.D.Combined Automobile Liability $1,000,000 Each Person X Owned X Non-Owned Each Accident or Occurrence X. Hired Each Accident or Occurrence Umbrella Excess 08/01/2006/08/01/2007 TH2-621-091 65 0-03 6 $4,000,00C General Aggregate $4,000,000 BI,Prop Damage,PI,Adver. $4 OOO.00C ProductaCom leted Oper C `CANCELLATION CLAUSE DOES NOT APPLY TO NON-PAYMENT OF PREMIUM."--- O RE:1,ficrosurfacing amendment4 M - M ADDITIONAL INSURED WITH REGARD TO GENERAL LIABILITY WHEN REQUIRED BY WRITEN CONTRACT:CITY OF WEST PALM E BEACH N T S .If the certificate exphedon date is com n.or extended teen,you will be notified if coverage's terminated or reduced before the certificate expiration dam. However,you will not be notified amorally of the cormematmn of coverage. Special Notice-Ohio:Any person who,with intent to defrand or knowing that he/she is facilitating a fraud against an tracer,submits an application or film a claim wataining a false or deceptive statement is guilty of insurance fraud. Important information to Florida policyholders and radficate holders:in the event you have any questions or need informadon about this certificate for any reason,please cement your local sales producer, whose name and telephone number appears in dia lower left coma of this certificate The appropriate local sales office mailing address may also be obtained by calling this number. Notice of cancellation: (mt applicable urdem a number of days is enterod below). Before the stated expiration date the company will not caned or reduce the insurance afforded under the above policies=61 at least 30 days notice of such cancellation has been mailed m: Office: TARRYTOWN,NY-COMMMKTS Phone: 914-332-9770 Certificate Holder: SUSAN RYAN CITY OF WEST PALM BEACH Authorized Representative 1000 45th STREET SUITE 15 WEST PALM BEACH, FL 33407 Date Issued 02/13/2007 Prepared By: DO Policy Number: Date Entered: 2/13/2007 ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDDIIYYI'Y RODUCER Advanced Comp THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 2525 Drane Field Road, Ste. 3 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lakeland, FL 33811 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (863)646-3332 456 INSURERS AFFORDING COVERAGE NAIC# rSURED Florida Highway Products, Inc. INSURER A:Brid efield Employers Insurance Comp INSURER B: 3900 U S Highway 17 North I INSURER C: Bartow, FL 33831 INSURER D: INSURER E'. OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. '.SR ADD' POLICY EFFECTIVE POLICY EXPIRATION TR INS F POLICY NUMBER LIMITS GENERAL LIABILITY EACH OCCURRENCE S UAMAUE COMMERCIAL GENERAL LIABILITY PREMISES Ea ocwrence S CI-AIMS MADE OCCUR MED EXP(Any one person) E PERSONAL&ADV INJURY E GENERAL AGGREGATE E GEN'L.AGGREGATE LIMIT APPLIES PER: _. _ PRODUCTS-COMP/OP.AGfi__E_ ______ POLICY M PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E ANY AUTO E.ecotlent) ALL OWNED AUTOS BODILY INJURY E SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY E NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE S (Per accident) GARAGE LIABILRY AUTO ONLY-EAACCIDEINT E ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG S EXCESSAUMBRELLA LIABILITY EACH OCCURRENCE E OCCUR CLAIMS MADE AGGREGATE E E DEDUCTIBLE E RETENTION E $ WC LIMIT OTH- WORKERS COMPENSATION AND Y EMPLOYERS'LIABILMY E.L.EACH ACCIDENT S500,000 ANY PBDPRIETOR/PART IER NERECUNE T 0830-29826 2/1/2007 2/1/2008 500,000 OFFICERMEMSEREXCLUDED4 E.L.DISEASE-EA EMPLOYEE E It yes,describe under 500,000 SPECIAL PROVISIONS below EL DISEASE-POLICYLIMR $ OTHER DESCRIPTION OF OPERATIONS I LOCATKJNS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ttn: Robin Hewitt ax: 561-494-1116 :ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 'ity of Hest Palm Beach DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL_ DAYS WRITTEN :ngineer'ing Services Dept. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT.FAILURE TO DO SO SHALL .000 45th Street, Suite 15 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER US AGENTS OR Test Palm Beach, FL 33407 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 1CKEy Fielding Dickey \CORD 25 (2001/08) ©ACORD CORPORATION 1988 >duced using Forms Boss Plus sofMrere.www.Formseoss.com:Impressive Publishing 800-208-19T1 Small Business Division 200 2°d Street, 2nd Floor West Palm Beach, FL 33401 Tel. (561) 659-8029 Fax (561) 653-2698 Small Business Program Statement of Subcontractors Participation Instructions: List all Small Businesses that will participate on this project/contract. The City of West Palm Beach and Palm Beach County Certified Small Businesses can be used to meet the goal established for this project/contract. Submit this form with your bid/proposal. SECTION I. General Information� � � Bidder or Proposer's Name: - /c 6Rit'1 /Y/9/ �✓ /fit6bU Preparer's Name: Title: sR it 0 f EST ���4✓ Project Name: /%C120 6 � /r'�� n Project Number: Sealed Bid or RFQ Number: SB Goal (if established) Total Base Bid: $ /�72• a6 Total Bid(base bid and alternative, if applicable): $ SECTION II. Small Business Participation The firm S listed below have a reed to artici ate on this ro'ect or contract. Ing, Vr cS'on�,.5 i i DC7 2. $ % % 3. $ % 0/0 4. $ % % S. $ % % 6 $ % ` %o $ % %s $. $ % % . $ % °/a.. 9. L0. $ % % r01 AW Preparer's Signature: Date: J ` Z Z"07 Ex.7 SBE FOM SB 04 OOt00 a� rr PURChASE ORDER Put. .idse Order No: 074006 a City of West Palm Beach !'Jil '� il,j,/ DeuverBy n. r FOB DESTINATION _ F1 7 Procurement Division Terms_NET 30 J " 1045 Charlotte Avenue _ __ Buyer_. Hcroscn ___.__. West Palm Beach, Florida 33401 Issue Date 30-MAY-07 Tel: (561) 822-2100—Fax: (561)835-0028 Pa e : 1 of 2 Revlsion:0 Ship To: Bill To: Vendor: AS SPECIFIED City of West Palm Beach Accounts Payable FLORIDA HIGHWAY PRODUCTS West Palm Beach,FL 33401 PO Box 3366 PO BOX 928 West Palm Beach,FL 33402 BARTOW, FL 33831 Tel: (561)822-1310—Fax: (561)822-1349 Tel:(863)533-7881 Fax: (863)533-4404 Vendor Contact: - Email: UNIT PRICE EXTENDED PRICE LINE QUANTITY UOM DESCRIPTION 1 143,992.00 US Dollar Annual Microsurfacing Contract-Amendment No.4, (W/O#1-dated 1.00 143,992.00 3/8/07):per Original Contract Sealed Bid No.03/04-06: To crack-fill, rut-fill,and install a double course of Micro-Surfacing in the North East Section of the City.Total cost for this Work Order shall not exceed the amount of$149,992. ° 3 6,000.00 US Dollar Small Business Goal 4%and Participation 4/°: 1.00 6,000.00 Wynn&Sons Amendment No.4 Contract expiration date is 2/24/2008 Contact Person: Nasim Taheri/Engineering/561-494-1094 Robin HewitUEngineering/561-494-1057 TOTAL: $ 149,992.00 All deliveries must be made Monday-Friday between 7:30 AM&3:30 PM. Purchase Order number must appear on all invoices,packing slips and correspondence. Tax Exemption Numbers: Seller's action in acknowledging this order,delivering materials or, performing services called for Federal:59-6000-448 hereunder shall constitute an unqualified acceptance of the terms and conditions hereon and any State: 85-8012740163C-3 referenced attachments hereto. J: DELIVER TO,Amend#4 IO#1 ENGINEERING,NASIM TAHERI -EXT 1094 Nara Leuderteilk 1 704478ZZ, 101 041070 541 500630 07724501 143,992.00 Bramley,Jonathan W 3 104478 101 041070 541 500630 07724501 6,000.00 Bramley,Jonathan W vl4'SrP PURL ..SSE ORDER Purchase Order No: 074006 �► a� City of West Palm Beach oefiver6,_: Procurement Division FOB DESTINATION 1045 Charlotte Avenue Terms : NET 30 er _ �LOgy9°' West Palm Beach, Florida 33401 —Bus H Grosch — ----- Issue Date 30-MAY•07 _..... Tel: (561)822-2100 — Fax: (561)835-0028 pee : 2 of z Revision:0 Vendor: Ship To: Bill To: FLORIDA HIGHWAY PRODUCTS AS SPECIFIED City of West Palm Beach Accounts Payable PO BOX 928 West Palm Beach,FL 33401 PO Box 3366 BARTOW, FL 33831 West Palm Beach,FL 33402 Tel:(863)533-7881 Tel:(561)822-1310—Fax: (561)822-1349 Vendor Contact: - Email: Fax: (863)533-4404 ENTIRE AGREEMENT:This purchase order,including the terms and conditions stated herein,constitutes the full and final agreement between the City of West Palm Beach ("Buyer")and the Vendor ("Seller"), unless the parties have entered into a mutually executed written agreement stating applicable terms and conditions. Seller agrees to sell,and the City of West Palm Beach agrees to buy,the goods,articles, materials, or services("Goods")described on a City of West Palm Beach Purchase Order("PO')for the price,at the time,and on the terms of payment shown on the PO.This PO and the provisions of any drawings, prints,plans,descriptions,specifications,samples,data and other documents expressly referred to therein and adopted by reference ("Documents")constitute the entire agreement and supersede all proposals,negotiations,and counterproposals. No terms and conditions of Seller that are inconsistent with,or additional to, the terms and conditions contained herein,whether on an invoice or otherwise,shall be binding on Buyer unless such terms and conditions are expressly accepted in writing by Buyer. QUALITY: All Goods furnished must be of the quality specified. No deviation or substitution is permitted without the prior written consent of the Buyer. In the event no quality is specified,the Goods must be at least equal to the standards of the industry. DELIVERY OF MATERIALS: Seller shall notify Buyer where Goods cannot be delivered in the quantities shown at the time specified. Title to the Goods and the associated risk shall not pass from Seller to Buyer until delivery and acceptance of the Goods at the location designated on the PO. Payment in full for the Goods shall be deemed to constitute acceptance of the Goods. All Goods delivered on this PO are subject to inspection. All rejected Goods shall remain the property of the Seller and will be returned at the Sellers expense. Excessive or unusual transportation charges caused by the Seller's inability to deliver in the specified time and quantity will not be paid by Buyer. Seller shall notify Buyer of deliveries that require special handling and /or assistance for off-loading. Failure to notify the Buyer will result in billing to Seller of any add-on redelivery,storage or handling charges.OCCUPATIONAL SAFETY AND HEALTH: Seller shall comply with Chapter 442, Florida Statutes, which requires that any toxic substance delivered as a part of this PO must be accompanied by a Material Safety Data Sheet(MSDS). ORDER CHANGES: Changes may be made by the Buyer at any time in the character or quantity of Goods to be furnished hereunder by written change order signed by the same authority executing this PO for the Buyer. No modifications of this PO shall be binding upon Buyer unless approved in writing by Buyer or authorized representative. TERMINATION: Buyer reserves the nghl to terminate this order in whole or in part for default if Seller fails to perform in accordance with any of the requirements of this PO.Any such termination will be without liability to Buyer except for completed items delivered and accepted by the Buyer. ASSIGNMENT: Any assignment of this PO,performance of work hereunder,in whole or in part,or monies due hereunder,shall be void unless consented to by Buyer in writing and Buyer shall have no obligations to any assignee of Seller under any assignment not consented to in writing by Buyer. TAX: Buyer is exempt from Federal and State taxes for tangible personal property. Sellers doing business with the Buyer may not be exempt from paying sales tax to their suppliers for materials to fulfill contractual obligations with the Buyer, nor shall any Seller be authorized to use the Buyer's Tax Exemption number in acquiring such materials. PROMPT PAYMENT ACT: The City of West Palm Beach abides by the Florida Prompt Payment Act (ss.218.70-218.80)which provides prompt payment, interest payments, a dispute resolution process and payments for all purchases be made in a timely manner for properly executed invoices by local governmental entities. UNIFORM COMMERCIAL CODE: The Uniform Commercial Code(Florida Statutes,Chapter 672)shall prevail as the basis for contractual obligations between the Seller and Buyer for any terms and conditions not specifically stated herein or in any corresponding Agreement between Buyer and Seller. INSURANCE: If the Seller is required to go on City property to perform work or services,the Seller shall assume full responsibility and expense to obtain all necessary insurance as required by the City- LITIGATION VENUE: This PO shall be construed and interpreted in accordance with Florida law. Seller waives the privilege of venue and agrees that all litigation between them in state courts shall take place in Palm Beach County, Florida and that all litigation in federal courts shall take place in the Federal Southern District for the State of Florida. City of Dania Beach Department of Public Services _ ------__---__ _-----------------_._ _._. 100 West Dania Beach Blvd• Dania Beach,FL 33004 -(954)924-3741 (954)-923-1109(fax) MEMORANDUM To: Mayor Robert Anton Vice Mayor Albert Jones Commissioner John Bertino Commissioner Anne Castro Commissioner Patricia Flury FROM: Ivan Pato, City Manager VIA: Dominic F. Orlando, P.E. Director of Public Services BY: Leo Williams, Public Works Superintendent Date: October 01, 2007 Introduction and Background We are requesting approval by the Commission at the 10/09/2007 meeting the purchase of road resurfacing services from Florida Highway Products, Inc. This is the same type of resurfacing we have used in the past few years and the product has proven itself in the areas we have resurfaced. This is a fairly new technique that incorporates a micro surfacing which is more suited to a lot of our roads now that we have basically resurfaced them all over the last 5-6 years. This way of resurfacing does away with sewer and water risers and elevation concerns and blends almost seamlessly into driveways doing away with milling necessities and the costs of such services. The new surface retains the darker color of new asphalt and does not fade like regular resurfacing providing better visuals for striping and crosswalks for years to come. The cost of this service is generally less then regular resurfacing but this product generally lasts longer then regular resurfacing and is far less pothole prone while providing a smoother surface. The product is in use throughout the Country and includessuch users as F.D.O.T. Palm Beach Count and the City of Plantation. We will use existing s y y g money budgeted in Public Services this year for road projects as well as CIP funds to assist Parks with their projects. Recommendation It is recommended that the City Commission approve a resolution to purchase road resurfacing services from Florida Highway Products, Inc. in a not-to-exceed amount of $250,000.00 and authorize the City Manager to execute the documents. F T P ENGINEERING . RVICES DEPARTMENT n/) ti �t 1000 45"'Street, Suite 15 G West Palm Beach, FL 33407 Zty i TEL: (561) 494-1040 CFAX: (561) 494-1116 O ORt9A `best 'Palm 'Beach "The Capital City of the Palm Beaches" March 22, 2007 Mr. Robert H. Maggard, Vice President Florida Highway Products, Inc. P.O. Box 928 Bartow, FI. 33831 RE: Annual Microsurfacing Contract—Amendment 4 Dear Mr. Maggard: Attached is your copy of Amendment No. 4 to the above-referenced project that has been duly executed by the authorized officials of the City of West Palm Beach for your files. Sincerely, Robin L. Hewitt Contract Specialist /rlh Attachment Copies to: Jonathan Bramley, Director of Engineering Services Nasim Taheri, Senior Project Engineer "An Equal Opportunity Employer" Consultont/Controctor AMENDMENT NO. 4 TO THE UNGIiNIRl ANNUAL MICROSURFACING CONTRACT Sealed Bid No. 03/04-06 THIS AMENDMENT NO. 4 TO THE ANNUAL MICROSURFACING CONTRACT ("Amendment No. 4") is entered into by and between the CITY OF WEST PALM BEACH ("City") and FLORIDA HIGHWAY PRODUCTS, INC., ("Contractor"). WHEREAS, the City entered into the Annual Microsurfacing Contract, dated February 25, 2004,with the Contractor to perform various roadway mcrosurfacing projects, on as needed basis; and WHEREAS,by Amendment No. 1, dated March 31,2005,the City renewed the Contract for an additional one(1)year period("Second Annual Term")and increased the unit prices specified in the Schedule of Bid Items in accordance with the provisions of the Contract; and WHEREAS,by Amendment No. 2,dated January 31, 2006, the City renewed the Contract for an additional one(1)year period ("Third Annual Term")and increased the unit prices specified in the Schedule of Bid Items in accordance with the provisions of the Contract; and WHEREAS, by Amendment No. 3, dated November 13, 2006, the City renewed the Contract for an additional one (1)year period ("Final Annual Term")and further increased the unit prices of the Contract; and WHEREAS, the City desires to amend Paragraph "5" of Amendment No. 3 to the Contract to increase the anticipated value of the Third Annual Term, subject to the terms and conditions contained herein. AGREEMENT In consideration of the foregoing recitals, the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Contractor hereby agree as follows: 1. Recitals. The City and Contractor hereby acknowledge and agree that the recitals set forth in this Amendment No. 4 are true and correct in their entirety. 2. Contract. All references to"Contract"shall mean the terms and conditions contained in the Annual Microsurfacing Contract, dated February 25, 2004, as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3 and this Amendment No. 4. 3. Estimated Expenditures. Paragraph "5" of Amendment No. 3 to the Contract, "Compensation"is hereby amended to provide that the anticipated value of the Third Annual Term is increased by Six Hundred Thousand and 00/100 Dollars($600,000.00),for a total of One Million and 00/100 Dollars($1000,000.00). The City reserves the right to increase or decrease the amended anticipated value as necessary to meet actual requirements. The City does not guarantee any minimum amount of work, or the extent of services required. It is understood and agreed that the City's obligation to pay under this Contract is contingent upon an annual appropriation for its purposes by the City Commission. Florida Highway Products,Inc. Annual Microsurfacing Contracts-Amd.No.4 02072007 4. Effect of Amendment. Except to the extent the Contract is modified by Amendment No. 1, Amendment No. 2, Amendment No. 3 and this Amendment No. 4, the tenns and provisions of the Contract shall remain unmodified and in full force and effect. 5. Construction. In the event of a conflict between the terms of the Contract, as amended by Amendment No. 1, Amendment No. 2,Amendment No. 3 and the terms of this Amendment No. 4, the terms of this Amendment No. 4 shall govern and prevail. IN WITNESS WHEREOF, the City and Contractor have executed this Amendment No. 4 as of the date and year written below. CIZESBEACH ATTEST: ByCity Clerk Jayorp Dated: V y �0.� JA l� 2007. F:\utilities\agreements\amend\fh-microsurf-amd4.doc 410.04-00424NII CITY ATTORNEY'S OFFICE Approved as to form and le al fficie cy By: Date: 0 FLORIDA HIGHWAY PRODUCTS, INC. By: Print Nance: a i3 � Title: Q`ti�12 Florida Highway Products,Inc. 2 Annual Microsurfacing Contracts-Amd.No.4 02072007 BOND RIDER To be attached to and form part of Bond No. KO 75 14 03 7 It is hereby understood and agreed that the contract amount has been increased from $400,000 to $1 million. The oblige is City of West Palm Beach All other terms and conditions of the bond remain in effect and unaltered. MARCH 8, 2007 Signed, sealed and accepted this Westchester Fire Insurance Company Y ROSANNE CALLAHAN , Attorney-In-Fact P©{{het' df WESTCHESTER FIRE INSURANCE,,. M,01 Y ig�3�1 4doiney. )77252 I{IIUW all IDen by these presents: That WESTCHESTER FIRE INSURANCE COMPANY,4 0rppmhon ofthe State of New York,having.its principal office in the City of Atlanta.,Georgia pursuant to the following Resolution,adopted by the Boa dof Directors of tbesaid Company on.Noy ember 8,I994,.to wit- "REsbLVED,that die foll¢Wmg Aides shell govcrvike gtaueoo fbr tM1e COGspmY of bomb,unAenakings,hCtogubsvtec.,mvax6 and athery Wntixgs�inthe nature Hereof (}j Ttia[dfe1'iaidem,aoy Savior Vice pteaiamt,any V Eet'i<afda4 eed kmisiapt Vitt Ptaldm4 or any AVome,4o Fast,mp mmute Tore6d4p behifof the Company my and all bonds';en;1makwgs rccogn¢avca, coo<ramamd it wntsngsm she.afore lhtmf'**Ss me[u'be amted what vaessary b}the Corporate Sargary,army A�stavt Corpuratt SarEF,aty,vtd the seat of the Compa¢p ef6ned Weteto and that We P3idanL any Scmor Vvice Pr{bidaL adY VmE p&sidegfor eby AssiIXml VitePresidat gtaYaPPom[and&thCtiie airy dtpa OfCite (elctted or apporytd)of-0aE Cnmpeay,as Anoneys Tn-F'actip so eEceute MaflE3t l0'. the eaecunm of atI smh wnt'via m btbatfnf the Coineaaymd to AfR ihe,ial oft,Compepy tedeVt. (2) Auy suek, W gaavtcdm eccordanu with lhacRulesshall6e u6mdra9 upov t,Compuul in-1 caw%TNough signed by lhc_Praidmi idi+nested w bythe Coeporatc seamry. ngpatmeardt<,presdmL or aNmor VimPresrdwCoi..Yke hresidcet,o an AatsmutVine Pratdeat and the seal of the Company maybe at ru yf style ooavy po.6Eath>mey greetedpurdnapt to tfiu Rgo]uvoa,aititisigpatore of a kidfyigg Offi<Er,pdA.Ihcscefof the Cutppmy maybe affuad bN f cdimile(o:sny rnnfiCate aEapry aucfi pgwet,mdanY 4Y4cb power pt<ethfxate hEanag Such fsaurui3e s,gaetuce and shalE bevalidabd binding oeiii Company U - - .. - . {a) Siirh utha OlEcas pfihe Compmy,aed AtmmtysY Fah shell brut avlbonrylo ctthfy or ve9[ytopa oftlusRaoivnon Ne By-Laws oflbE:Compavy,avd mY affsdavir or rswrd o4ine C¢to Woe,cem mthe a r y diuitsrgeof rhea dpyey (5j 'tti<paytag<¢fiWa F.ad4a,dock voi revoke an)Earlier'autkpricy'gtmled lri^Resofm�onsbfjtie Boazd of ihrectom Do es herebynominate;eoastitme and appoint151ANA -ALVSCI,IvIAILYLOUBROWN;ROSANNECALLAHAN,RQBERTFINN II, KERIN ADK City lavW,$H a mte Of Nest/Yr *,eagfi individually f there be tupre roan ode narited,its five and lawful-aWnsty-jit-fact,topa",execute;seal and deliree on its bettiilf,and as itsact and ifeed any,and all bonds,undertakings, recdgniz`ances;contracts and other writings in thevaturetliereofin'penaldes not exceeding Five Million Dollars($5,000,000)and ibe execution of snob �vMmgs in pufsuance:%f these preAehts'shall be as binding upon said Company;,as fully and.A41y as if they had been duty executed antl ackowledged by theregularly elected officers oftheCompany at its principal office. IN seal WHER.EOF,the sazdStepheu M.Haney;Vice Presideht,has hereunto subscribed his nameand-affixedthe corporate seal of the said IVESTCHEST t PkRE INSURANCE'Cf MPANY Ibis,15th day of December 2UOZ. WESTCHESTER`PIRE 1N8URANCE COMPANY � , 1�44Q StepheaM Haney,Vice President QOMM6NN'l3AL'fHPPPENNSYI-VANIA • .' COi1rCI-'Y Of PRILADELPHIA ." ss •' ' ;, - '- - ,. -15 i[hls 1,@di day of T3gceint}e1''.tA D 2006,:heftlre toe,a Notary Public of the Commonwealth ct Pennsylvania in and for the County of Philadelphia' • Dame Stophen M.Harf�yce-President of the Vl?ESTCHES,TRR PIR INSiJRANL�E GUMPANY29.toe personallylmown to be'the 19 ivR and afficeP iVho executed'tlie precedung jiistii{mOaYti ape he acknowledged thathe Bxeeuted d}e 3ame,-an'd tlfatibe seal affir{ed to the precedug instruiriCn(ts the coipoiaie seal of said- ompany,Thjt tlrs sald corpointe`seal and signature veFC duly affiked by the,.ithbnty and dEteetion aE[he said corporal#,bn tha£R9sbluYiory,adopted by the B©ay of Piireo"tots pf saidCom-pang,refevedsto in the preceding mstivmen[-is now tn.`force Iht TESTIMONY WHE11EOl?,l have beieu{}te seCmy hatrid and affixedmy official seat$f the City Qf Pllitadeljblrta the day and year rust' a wntten;.: ry v H yL •_` i�,�� NOARTgLS:Fn[ A 2j1 7 t3 Kathl hc x'`�^ f} PJxtlltdelplya,Ph}ladelphiaCDBnty y, �� �" 31ysglatnjssiodexpireg5dylaG*Aix 2QOt Nanny, ublic t ¢ 3 s �� ��adt a�•�Pt .{ e f t q �s it v � s j�,th 3nsderrstgnW&ECSe)ar�y't5f y'ESTCItP5TEk PH3E tNST1RAIY(CE COMPANY do hdetryc4rtr£'y'that the origm2l PQWE �OF ATTORN ,�of wh}eh the foregoti�g is a substafdraay true and._eomCCt copy"is to full forcesnct,4 wt f whereof Iha unto subscnbed my,aaine as Secretary and affixed',thetxm5orate�ea1¢f theCorporaaon this A day,of RS R � t l t� z Creorge T} ulligani core ry., THI$,PtjtGER OF ATTORNEY 1lIQ.Y NO'E,BEi1SEDT0 E7CECUTE ANY`BONIY W fTkf AN INCI�7C10N OA'CF,,AFtER Deee`mbof I$ 200ti` ® THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES ® THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. Small Business Division 200 2nd Street, 2nd Floor West Palm Beach,FL 33401 Tel. (561) 659-8029 Fax(561) 653-2698 Small Business Program Statement of Subcontractors Participation Instructions: List all Small Businesses that will participate on this project/contract. The City of West Palm Beach and Palm Beach County Certified Small Businesses can be used to meet the goal established for this project/contract. Submit this form with your bid/proposal. SECTION I. General Information Bidder or Proposer's Name: Preparer'sName: y0A4,t� Title: Project Name: �7K�Z6 Project Number: Sealed Bid or RFQ Number: SB Goal(if established) Total Base Bid: $ is C'0,o Total Bid(base bid and alternative, if applicable): $ SECTION II. Small Business Participation The firms listed below have agreed to partici ate on this prolect or contracZOO t. { dFi a 4 s a cr- 2 $ % % 3. $ % 4. $ % % 5. $ % % 7. $ % % 8. $ - % % 9. $ % % 10. $ $ Preparer's Signature: Date: Forth SB 04 Oct00 Ex.7 SBE 4 �ORIO� Small Business Division Tel. (561)822-2100 Fax(561) 822-1275 Small Business Program Recommendation Report Instructions: Use this form when a company/firm is being recommended for an award of contract,a change order, or a purchase order. Department Directors and/or their designees are responsible for the completion of this form.Complete this form by filling-in the information requested in Sections I,and Section II(for contract award)or Sections II and III (for Change Order). Submit this form to the Small Business Division for approval.You can e-mail to Carolyn Paul-Haswell as attachment in Lotus Notes. SECTION 1. General Information User Department Engineering Services Project Name Annual Microsurfacing Contract-Amendment No.4 Sealed Bid, RFQ,WA,or Requisition No. SB 03/04-06 Recommended ContractorNendor Florida Highway Products, Inc. Is the recommended company a certified SB? No IDid any SB bid this project? No Prepared By: Robin Hewitt I Date: i 2/23/2007 SECTION II.Contract Award -Attach a Letter of Intent (Form SB 07)for each company listed below. Total Contract Amount $600,000.00 Established SB Goal 4 If No Goal was established,check with an X Awarded SB Goal 4.00 SB Subcontractors SB Contract Amount Percent SB Office Use This contract will consist of work orders, $0.00 0.00 FHP will use Wynn&Son Environmental $0.00 0.00 for overall participation of 4%. $0.00 0.06 $0.00 0.00 Wynn&Son $25,000.00 4.00 Expires-Jun-30-2007 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 Total Awarded SB Subcontract 1 $25,000.00 4 SECTION 111. Change Order on Contracts -Attach copy of the Change Order Change Order Num. Previous Total Contract Amt. Change Order Amt. Revised Total Contract Amt. SB Subcontractors SS Contract Amount Percent SB Office Use $0.00 #DIV/O! $0.00 #DIV/01 $0.00 #DIV/01 $0.00 #DIV/01 $0.00 #DIV/01 $0.00 #DIV/O! KOO $0.00 $0.00 $0.00 Total Awarded SB Subcontract $0.00 #DIVlO! Form SB 08 Oct00 TP 0 U x' �LOR�4 RISK MANAGEMENT COMPLIANCE CERTIFICATE AND INSURANCE CERTIFICATES PROJECT NO. Various PROJECT; Annual Microsurfacing Contract-Amendment No. 4 This is to certify that I have reviewed the required Insurance Certificate(s) submitted by the Contractor for the above Project, and find that the Contractor has furnished to the Owner such Certificate(s) of Insurance by companies acceptable to the Owner and the Engineer with regard to type and amount of coverage, as well as form of notice, as stipulated in the General Terms and Conditions. i� Ann-Marie' harpe, isk Manager City of West Palm Beach, Florida This day of '1'� 200_�L This certificate is executed by Liberty Mutual Insurance Gomm as respenU such A seance as is afforded by Nose cote amen. BM0068 Certificate of Insurance !I This certificate u issued as a matter of information only and confers no rights upon you the certificate hold¢,. This certificate is not an iaswance poliry and does not amend,emend,or altar the<ovemge I off d dby the policies hstedbelow, This is to certify that(Name and address of Insured) FLORIDA HIGHWAY PRODUCTS INC Liberty 3900 US HWY 17 N mat FL 33930 `�' ] i[utumtM at the issue dam.£this wrofirare,insured by the Company under the piacy(ies)listed below. The insu w ren afforded by the listed policy(im)is subject m all their tams,mclusom and conditions And is notaltacd b w an m uirement,term or condition of anv contact or other doment with res et to whinh this certificate maybe issued. Ex iraI, a Eff./Fx .Date(s) Policy Number(s) Limits of Liability Continuous- Coverage afforded under WC law of Employers Liability Extended the fullowingstates: Bodily Injury By Accident HX Policy Tenn Each Accident Bodily Injury By Disease Policy Limit Workers Compensation Bodily Injury By Disease Each Person 08/0112C06/08/0 112007 TBI-121-091650-026 General Aggregate-Other than Prod/Completed Operations General Liability $2,000,000 _ Products/Completed Operations Aggregate Claims Made $1 000 000 X Occurrence Bodily Injury and Property Damage Liability Per $1 000 000 Occurrence Retro Date Personal and Advertising Injury Per Person/ Organization Other Liability Other Liability 08/01/2006/08/01/2007 ASI-121-091650-016 Each Accident-Single Limit-B.1.and P.D.Combined Automobile Liability $1,000,000 Each Person 1X Owned X Non-Owned Each Accident or Occurrence X Hired Each Accident or Occurrence Umbrella Excess 08/012606/08/01/2007 TH2-621-091650-036 $4,000,000 General Aggregate S4,000,000 BI,Prop Damage,PI,Adver. S4 000.000 Products-Completed Oper C -CANCELLATION CLAUSE DOES NOT APPLY TO NON-PAYMENT OF PREMIUM."--- O RE:Mraosurfacing Amendment M - M ADDITIONAL INSURED WITH REGARD TO GENERAL LIABILITY WHEN REQUIRED BY WRITEN CONTRACT:CITY OF WEST PALM E BEACH N T S .If the cero6cate expiration date is continuous or extended term,you will be notified if cweagc is terminated or reduced before the certificate expiration date. However,you will not be notified Annually of the contribution of coverage. Special Notice-Ohio:Any person who,with intent to defraud or knowing that he/she is fictU a ing a fraud against en insurer,submits an application or files a claim containing a false or dweptive satement is guilty of iosursnce feud Important information to Florida policyholders and bentificate holders:in the event you have any questioner or need informadon about this cerdficete for any reason,please wno-st your local sales producer, whose name and telephone numbs appears in the lower left coma of this certificate. The approprine local sales office mailing address may also be obtained by mningdus number. Notice of cancellation: (not applicable unless a number of days is entered below). Before the sated expiration dart the wmpany will not cancel or reduce the insinuation afforded under the Above policies until a least 30 days notice of such canalladon bas been mailed to: Office: TARRYTOWN,NY-COMM MKTS Phone: 914-332-9770 w,.--- ✓.g+6YZ e.< _ Certificate Holde=: SUSAN RYAN CITY OF WEST PALM BEACH Authorized Representative 1000 45th STREET SUITE 15 WEST PALM BEACH, FL 33407 Date Issued 02/13/2007 Prepared By: DG • Policy Number: Date Entered: 2/13/2007 ACORD,, CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDO/YY/YI =.GOUGER Advanced Comp THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 2525 Drane Field Road, Ste. 3 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lakeland, FL 33811 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (863)646-3332 456 INSURERS AFFORDING COVERAGE NAIC# INURED Florida Highway Products, Inc. INSURER A:Brid e£ield Employers Insurance Comp INSURER B: 3900 U S Highway 17 North INSURER C: Bartow, FL 33831 wsuRER D: INSURER E'. :OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I-SR—ZOTL POLICY EFFECTNE POLICY EXPIRATION UN9TS TR INSRE TYPE OF;NSURAiNQF POLICY NUMBER DATE(MWDO1YYI DATEiMMIQQ� GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES IEs occursnce $ CLAIMS MADE1:1 OCCUR MED EXP(Any one person) $ PERSONAL&ADJ INJURY $ GENERAL AGGREGATE E _ GENTAGGREGATE.LIMIT APPLIES.PER_ _. _. .PRODUCTS_COMP/OR AGfi.__$-__ ..__--.--___. POLICY r7 "0- LOC AUTOMOBILE LIABILITY :BODILY BINED SINGLE LIMIT $ cdtlent) ANY AUTO ALL OWNED AUTOS INJURY $ pen:an) SCHEDULED AUTOS HIREDAUTOS BODILY INJURY $ (Perecdtlenp NON-OWNED AUTOS PROPERTY DAMAGE $ (Per acdtlent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC E AUTO ONLY: AGG IS EXCESSIUMBRELLA UASILJTY EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE $ E DEDUCTIBLE $ RETENTION S is WC STATU- OTH- WORKERSCOMPENSATIONAND EMPLOYERS•UABUJTY E.L.EACH ACCIDENT E500,000 R/ANY PROPRIETOPARTNEREXECUTIVE 0830-29826 2/l/2007 2/1/2008 500,000 OFFICERAMEMSER EXCLUDED? EL DISEASE-EA EMPLOYEE E If yes,desalbe untler 50 0,060 SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMB $ OTHER I T -ESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ttn: Robin Hewitt ax: 561-494-1116 :ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION :ity of West Palm Beach GATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO M,L30 DAYS WRITTEN :ngiElearing Services Dept. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BU T.FAILURE TO DO SO SHALL .000 45th Street, Suite 15 IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR test Palm Beach, FL 33407 REPRESENTATIVES. AUTHORPED REPRESENTATIVE icKey Fielding Dickey "•"-7 aCORD 25(2001108) ©ACORD CORPORATION 1983 3duced using Fomis Boss Plus software.wvny.Foansecss.mm;Impressive Publishing 800-208-19T/ Small Business Division 200 2nd Street, 2nd Floor West Palm Beach, FL 33401 Tel. (561) 659-8029 Fax(561) 653-2698 Small Business Program Statement of Subcontractors Participation Instructions: List all Small Businesses that will participate on this project/contract. The City of West Palm Beach and Palm Beach County Certified Small Businesses can be used to meet the goal established for this project/contract. Submit this form with your bid/proposal. SECTION I. General Information✓ /,/ �Q�v Bidder or Proposer's Name: / h e/�/� /Y 4/ ✓ //� Preparer'sName: Title: Project Name: /' /CJZO 0. 6 2�/ �511 � ,z2 Project Number: Sealed Bid or RFQ Number: SB Goal(if established) Total Base Bid: $ 149 y72• ad Total Bid(base bid and alternative, if applicable): $ SECTION 11. Small Business Participation The firm s listed below have a reed to artici ate on this ro'ect or contract. Vim . - $ woo, % n % . % % 2. $ 3. $ % 4. $ % % 5. $ % % 6. $ % % 7 $ % % 9 $ % % $ of0 a/0 10. _ .. ,.. $ o Preparer's Signature: Date: d Ex.7 SBE Form SB 04 00t00 rr PURCh.ASE ORDER pus u. use order No: 074006 City of West Palm Beach �j l ') ; Deliver By O FOB _ . DESTINATION Procurement Division Terms NET 30_ ---- w 1045 Charlotte Avenue ___ _ Buyer_.-. H Groscn ..... .._.. f2pxt9� West Palm Beach, Florida 33401 Issue gate 30-MAY-07 Tel: (561) 822-2100- Fax: (561)835-0028 Pa e : 1 of 2 Revision:0 Ship To: Bill To: Vendor: AS SPECIFIED City of West Palm Beach Accounts Payable FLORIDA HIGHWAY PRODUCTS West Palm Beach,FL 33401 PO Box 3366 PO BOX 928 West Palm Beach,FL 33402 BARTOW, FL 33831 Tel:(561)822-1310—Fax:(561)822-1349 Tel:(863)533-7881 Fax:(863) 533-4404 Vendor Contact: - Email: UNIT RICE. EXTENDED PRICE LINE QUANTITY UOM DESCRIPTION 1.00 143,992.00 1 143,992.00 US Dollar Annual 318/07); Originalper r Contract Sealed Bid No.03104-06:osurfacing Contract-Amendment No.4, /O#1-dated To crack-fill, rut-fill,and install a double course of Micro-Surfacing in the North East Section of the City.Total cost for this Work Order shall not exceed the amount of$149,992. 3 6,000.00 US Dollar Small Business Goal 4%and Participation 4%: 1.00 6,000.00 Wynn&Sons Amendment No.4 Contract expiration date is 2/24/2008 Contact Person: Nasim Taheri/Engineering/561-494-1094 Robin HewitUEngineering/561-494-1057 TOTAL: $ 149,992.00 All deliveries must be made Monday-Friday between 7:30 AM&3:30 PM. Purchase Order number must appear on all Invoices,packing slips and correspondence. Tax Exemption Numbers: Sellers action in acknowledging this order,delivering materials or,performing services called for Federal: 59-6000-448 hereunder shall constitute an unqualified acceptance of the terms and conditions hereon and any State: 85-8012740163C-3 referenced attachments hereto. n DELIVER TO:Amend#4 IO#1 ENGINEERING,NASIM T. HERI-EXT 1094 We Lauderrnilk 101 041070 541 500630 07724501 143,992.00 Bramley,Jonathan W 1 104478 3 104478 101 041070 541 500630 07724501 6,000.00 Bramley,Jonathan W d TP PURL .,SSE ORDER F•urchase Order No: 074006 • ° �� City of West Palm Beach Deliver By ------- Procurement Division FOB : D ESTINATION 1045 Charlotte Avenue Terms NET 30 Bu er H Grosch OxS9'� West Palm Beach, Florida 33401 Issue_Date 30-MAY-07 Tel:(561)822-2100— Fax: (561)835-0028 Page : 2 of 2 ReAs-low:0 Vendor: Ship To: Bill To: FLORIDA HIGHWAY PRODUCTS AS SPECIFIED City of West Palm Beach Accounts Payable PO BOX 928 West Palm Beach,FL 33401 PO Box 3366 BARTOW,FL 33831 West Palm Beach,FL 33402 Tel:(863)533-7881 Tel:(561)822-1310—Fax: (561)822-1349 Vendor Contact: - Email: I Fax: (863)533.4404 ENTIRE AGREEMENT:This purchase order,including the terms and conditions stated herein,constitutes the full and final agreement between the City of West Palm Beach ("Buyer")and the Vendor("Seller"), unless the parties have entered into a mutually executed written agreement stating applicable terms and conditions. Seller agrees to sell,and the City of West Palm Beach agrees to buy,the goods, articles, materials,or services("Goods")described on a City of West Palm Beach Purchase Order("PO")for the price,at the time,and on the terms of payment shown on the PO.This PO and the provisions of any drawings, prints, plans,descriptions, specifications, samples,data and other documents expressly referred to therein and adopted by reference("Documents")constitute the entire agreement and supersede all proposals,negotiations,and counterproposals.No terms and conditions of Seller that are inconsistent with,or additional to,the terms and conditions contained herein,whether on an invoice or otherwise,shall be binding on Buyer unless such terms and conditions are expressly accepted in writing by Buyer. QUALITY: All Goods furnished must be of the quality specified. No deviation or substitution is permitted without the prior written consent of the Buyer. In the event no quality is specified,the Goods must be at least equal to the standards of the industry. DELIVERY OF MATERIALS: Seller shall notify Buyer where Goods cannot be delivered in the quantities shown at the time specified. Title to the Goods and the associated risk shall not pass from Seller to Buyer until delivery and acceptance of the Goods at the location designated on the PO. Payment in full for the Goods shall be deemed to constitute acceptance of the Goods. All Goods delivered on this PO are subject to inspection. All rejected Goods shall remain the property of the Seller and will be returned at the Sellers expense. Excessive or unusual transportation charges caused by the Seller's inability to deliver in the specified time and quantity will not be paid by Buyer. Seller shall notify Buyer of deliveries that require special handling and/or assistance for off-loading. Failure to notify the Buyer will result in billing to Seller of any add-on redelivery,storage or handling charges.OCCUPATIONAL SAFETY AND HEALTH: Seller shall comply with Chapter 442, Florida Statutes, which requires that any toxic substance delivered as a part of this PO must be accompanied by a Material Safety Data Sheet(MSDS). ORDER CHANGES: Changes may be made by the Buyer at any time in the character or quantity of Goods to be furnished hereunder by written change order signed by the same authority executing this PO for the Buyer. No modifications of this PO shall be binding upon Buyer unless approved in writing by Buyer or authorized representative. TERMINATION: Buyer reserves the right to terminate this order in whole or in part for default if Seller fails to perform in accordance with any of the requirements of this PO.Any such termination will be without liability to Buyer except for completed items delivered and accepted by the Buyer. ASSIGNMENT: Any assignment of this PO,performance of work hereunder,in whole or in part,or monies due hereunder,shall be void unless consented to by Buyer in writing and Buyer shall have no obligations to any assignee of Seller under any assignment not consented to in writing by Buyer. TAX: Buyer is exempt from Federal and Stale taxes for tangible personal property. Sellers doing business with the Buyer may not be exempt from paying sales tax to their suppliers for materials to fulfill contractual obligations with the Buyer, nor shall any Seller be authorized to use the Buyer's Tax Exemption number in acquiring such materials. PROMPT PAYMENT ACT: The City of West Palm Beach abides by the Florida Prompt Payment Act (ss.218.70-218.80) which provides prompt payment, interest payments, a dispute resolution process and payments for all purchases be made In a timely manner for properly executed invoices by local governmental entities. UNIFORM COMMERCIAL CODE: The Uniform Commercial Code(Florida Statutes,Chapter 672)shall prevail as the basis for contractual obligations between the Seller and Buyer for any terms and conditions not specifically stated herein or in any corresponding Agreement between Buyer and Seller. INSURANCE: If the Seller is required to go on City property to perform work or services,the Seller shall assume full responsibility and expense to obtain all necessary Insurance as required by the City. LITIGATION VENUE: This PO shall be construed and interpreted in accordance with Florida law. Seller waives the privilege of venue and agrees that all litigation between them in state courts shall take place in Palm Beach County, Florida and that all litigation in federal courts shall take place in the Federal Southern District for the State of Florida. CITY OF DANIA BEACH Agenda Item # /. tO Agenda Request Item Date of Commission Meeting: 10-9-2007 Adopt Resolution 0 Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: R®gLiest®d A1;ticftt... .#idenf,y epptoprfate�tgls rM CtAAotlon}.! ' APPROVAL OF RESOLUTION TO HAVE CHEN AND ASSOCIATES PROCEED WITH ENGINEERING SERVICES AND SERVICES DURING CONSTRUCTION FOR TRAFFIC CALMING IN SOUTHEAST SECTION OF CITY. ,ty Ao"on is Nei"esa t TO ALLOW PROCEEDING WITH ENGINEERING SERVICES NEEDED FOR TRAFFIC CALMING IN THE SOUTHEAST SECTION OF THE CITY PA ;YhACt14Jtli.Gt;51i'lpllfFbBtB ALLOWS THE CITY TO ADDRESS TRAFFIC ISSUES IN SOUTHEAST SECTION. I?urchasln' R este{9P[Cl'„ . 8. . Dept: 4101 Public Services Streets Acct#: 301-4101-541.31-30 Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: x Sum mary:Expl MIA tltU<rkrfNt►hd. . . SEE MEMO $152,790.00-FUNDS ORIGINALLY BUDGETED FOR NEIGHBORHOOD IMPROVEMENTS BASED ON CPTED STUDY Exhlb th AttAd iddl RESOLUTION MEMO FROM PUBLIC SERVICES DIRECTOR MEMO FROM FINANCE DIRECTOR CIP PROGRAM FOR SE TRAFFIC CALMING PROPOSAL FROM CHEN &ASSOCIATES Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 .............. Autfto�i�ed Signatures Submitted by Leo Williams Date 09/27107 Department Director Dominic Orlando Date 09/27107 Assistant City Manage Date HR Director Date Finance Director Patricia Varney Date 10/01107 City Attomey Thomas J. Ansbro Date 10/02107 City Manage Colin Donnelly Date 10/02107 User Creating Item Item Name (do not use or in name) ILeo Williams AGENDA REQUEST CHEN 10-09-07 Oki*ki!�`U$E� Commission Action: Approved: F-1 Denied: F-1 Continued to: ❑ RESOLUTION NO. 2007-196 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,AUTHORIZING THE CITY MANAGER TO PURCHASE SERVICES FROM CHEN AND ASSOCIATES RELATING TO ENGINEERING SERVICES FOR THE NEIGHBORHOOD IMPROVEMENT PROGRAM; PROVIDING THAT THE COST FOR SUCH SERVICES SHALL NOT EXCEED ONE HUNDRED FIFTY- TWO THOUSAND SEVEN HUNDRED NINETY DOLLARS($152,790.00); PROVIDING FOR FUNDING; 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 agreement with Chen and Associates,Inc. in an amount not to exceed One Hundred Fifty-Two Thousand Seven Hundred Ninety Dollars ($152,790.00) for engineering services for the Neighborhood Improvement Program,with the proposal in substantial form as Exhibit "A", attached, is approved and the appropriate City officials are authorized to execute it. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to the agreement for such services which are deemed necessary and in the best interest of the City of Dania Beach. Section 3. That the Director of Finance is authorized to reallocate funds that were originally budgeted for the Neighborhood Improvement Project based on the CPTED study to fund this project. Section 4. That all 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. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-196 EXHIBIT A SCOPE OF SERVICES for Chen and Associates,Inc Proposal for SOUTHEAST NEIGHBORHOOD TRAFFIC CALMING PHASES IA & 111,and PORTIONS OF PHASE 2 September 2007 BACKGROUND Chen and Associates was selected by the City of Dania Beach to provide professional engineering services for its Neighborhood Improvement Program. The general scope of services includes the following: • Street Lighting Layout and Design; • Sidewalk Layout and Design; • Traffic Calming Study and Design; • Bidding Services; • Construction Observation; and • Public Awareness. The City requested an additional proposal from Chen and Associates to design additional traffic calming features. These traffic calming features are listed on a Memorandum prepared by Kimley-Horn. The City asked that this scope covers the features listed under Phases 1A, 113 and portions of 2. Broward County Traffic Engineer requested that portions of Phase 2 be included in Phases 1 A & 1 B. BASIS OF SCOPE 1. This scope does not cover geotechnical investigation. 2. This scope does not include permitting or permitting fees. 3. This scope does not include electrical engineering or lighting design. 4. The CITY has provided Chen and Associates the following information: Kimley-Hour's Memorandum dated May 15, 2007. The design fees are based on designing the traffic calming treatments described in the memo. 5. This scope does not include traffic counts. Page I of 5 September 2007 SCOPE OF SERVICES Please refer to the list of identified traffic calming features. 77ssSE E Park Street 1 E 2nd S Street 1 E 1st Street 2 E 1st Terrace 1 1st Avenue 1 SE 2nd Terrace 1 SE 3rd Street 2 SE 2nd Avenue SE 2nd Street&SE 2nd Avenue SE 2nd Street&SE 1st Street SE 4th Avenue&SE 3rd Terrace SE 2nd Avenue&SE 3rd Terrace SE 2nd Avenue east of Federal Hwy [em orar ) SE 3rd Avenue&SE Ist Street Approximately 500ft south of Dania Beach Blvd. Between SW 5th&7th Streets A roximatel SE 14th Street SE 3rd Street SE 4th Terrace SE IOth Street Paint existing-SE 3rd Street to SE 7th Street Approximately 2,000 linear feet Page 2 or 5 September 2007 SE 4`"Terrace&SE 2"Avenue SE 7`"Street&SE 2nd Avenue SE 2"Avenue 1 SE 2"Avenue 1 Task l.Traffic Calming Plans and Specifications for Phase IA ENGINEER will prepare design drawings proposing the improvements as per the above list of traffic calming devices. The improvements will include geometric revisions, proposed hardscape and pavement marking/signage, and recommended lighting. The general layout of the roundabout will follow the existing site conditions so that the intersection does not need drastic change. A submittal will be made to the CITY for review. A meeting will be held to review comments. The technical specifications will then be prepared by the ENGINEER along with the cost estimate and final drawings for submittal to the CITY. Deliverables: 1 submittal of preliminary design drawings for review Final Drawings Technical Specifications Cost Estimate Task 2.Traffic Calming Plans and Specifications for Phase 1B ENGINEER will prepare design drawings proposing the improvements as per the above list of traffic calming devices. The improvements will include geometric revisions, proposed hardscape and pavement marking/signage, and recommended lighting. The general layout of the roundabout will follow the existing site conditions so that the intersection does not need drastic change. A submittal will be made to the CITY for review. A meeting will be held to review comments. The technical specifications will then be prepared by the ENGINEER along with the cost estimate and final drawings for submittal to the CITY. Deliverables: 1 submittal of preliminary design drawings for review Final Drawings Technical Specifications Cost Estimate Page 3 of 5 September 2007 Task 3.Traffic Calming Plans and Specifications for portions of Phase 2 as requested by BCTED ENGINEER will prepare design drawings proposing the improvements as per the above list of traffic calming devices. The improvements will include geometric revisions, proposed hardscape and pavement marking/signage, and recommended lighting. The general layout of the roundabout will follow the existing site conditions so that the intersection does not need drastic change. A submittal will be made to the CITY for review. A meeting will be held to review comments. The technical specifications will then be prepared by the ENGINEER along with the cost estimate and final drawings for submittal to the CITY. Deliverables: 1 submittal of preliminary design drawings for review Final Drawings Technical Specifications Cost Estimate Task 4. Bidding Assistance ENGINEER shall provide bidding assistance services as follows: preparation of post- approval bid documents, assistance in contractor bidding and selection review, and pre- construction conference attendance. Task 5. Construction Administration ENGINEER shall provide construction services as follows: general observation of the work (up to 6 hours per week), review of material shop drawings, review of contractor pay requests, statement of work completion, and review of "as-built" drawings prepared by a registered land surveyor. It is estimated that all construction will last approximately (12) weeks. Construction services exceeding 12 weeks can be arranged as an additional task not included in this contract. Task 6. Survey The ENGINEER shall arrange and coordinate the efforts of licensed surveyor to prepare topographic survey of the intersection that would receive traffic circles. Elevations will be based on N.G.V.D. of 1988 established from the nearest governmental benchmark. Coordinates will be based on an assumed datum base on the previous survey. Task 7. Reimbursables ENGINEER shall provide services, as necessary, to assist the CITY in the preparing plans, coordination or other requested tasks to facilitate successful completion of the Project. Costs incurred in providing these services shall be reimbursed. Page 4 of 5 September 2007 DELIVERABLES Deliverables are described in the Scope of Services. FEE AND SCHEDULE From the Notice to Proceed and receipt of all documents requested from the CITY, Chen and Associates will complete the design phase of all the projects within 150 Calendar Days. FEE SUMMARY TASK LUMP NUMBER TASK SUM FEE Task 1 Phase IA Design Service $46,164 Task 2 Phase 1B Design Service $23,762 Task 3 Phase 2 Design Service (Portions of Phase 2 as requested by $26,358 BCTED) Design Subtotal $96,284 Task 4 Bidding Assistance $3,706 Task 5 Construction Administration (3 months) $34,300 Task Survey $16,000 Task 7 Reimbursables $2,500 TOTAL FEE $152,790 Page 5 of 5 September 2007 he£4s �f GAtOYt.. 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 Palo, City Manager VIA: Dominic F. Orlando, P.E. Director of Public Services BY: Leo Williams, Public Works Superintendent Date: September 27, 2007 RE: Chen and Associates, Neighborhood Improvement/Traffic Calming for Southeast Section of the City Introduction and Background Chen and Associates is the engineering firm selected for services relating to the City's Neighborhood Improvement Program. They have submitted a cost proposal of $152,790.00 to perform design services, assistance during bidding and providing services during construction, including project closeout for neighborhood improvements/traffic calming for the Southeast Section of the City. The scope of work was based on a study done by Kimley-Horn for Boyd Gaming, the new owners of the Jai Alai. The study divided the recommended scope of work into Phases 1A, 1B and Phase 2. The Commission recommended that we proceed with Phases 1A & 1B. A meeting was held with Broward County on July 12, 2007. The County recommended several revisions to Phases 1A &1B and suggested we address certain items in Phase 2 with Phases 1A & 1B. Chen and Associates, and staff agreed with the County's suggested modifications. The estimated construction cost for the recommended work is as follows: Phase 1A, $627,500.00 Phase 1B, $363,750.00 Phase 2 Partial, $153,750.00 City of Dania Beach Department of Public Services ._------------ _-__._ ._ 100 West Dania Beach Blvd- Dania Beach,FL 33004 (954)924-3741 •(954)-923-1109(fax) Staff is recommending approval of the $152,790.00 to have Chen and Associates proceed with this work. Recommendation It is recommended that the City Commission approve a resolution to have Chen and associates proceed with this work for an amount of $152,790.00 and authorize the City Manager to execute the documents. CITY OF DANIA BEACH DEPARTMENT OF FINANCE MEMORANDUM TO: Mayor & Commission Memo: DFA-07-27 VIA: Ivan Pato, City Manager FROM: Patricia Varney, Director of Finance DATE: September 30, 2007 SUBJECT: Funding for Southeast Traffic Calming During the Strategic Budget Session in June, the Commission provided staff with direction to proceed with Phase 1A and 113 of the S.E. traffic claming project. During the CIP workshop held in July, we failed to include this project therefore funding was not provided in the FY 2008 budget. Under the CPTED project a CIP of $1.9 million was submitted by staff, $1.1 million of which was funded by the Commission. Phase 1A is part of the CPTED project. On July 12, 2007 staff met with the County and recommended several revisions to Phase 1A and 1B and suggested that certain items in Phase 2 be addressed in Phase 1. Attached is the CIP form for this project, which requires $1.3 million to be funded in FY 2008. In FY 2009, a funding of $361,000 is also required. On September 28, the City has opened the bid for median for Sheridan Street and Southwest 2nd Avenue modification which is part of the CPTED project, the lowest bid amount is $154,700. Therefore, under the CPTED project there is still an available fund of $945,300. The amount required for FY 2008 for the S.E. traffic claming is $1,298,000. Diverting all the available funds from CPTED project to the SE Traffic calming project will still reflect a shortfall of $352,700. Staff recommendation for addressing the FY 2008 deficit is as follows: 1) Delay the purchase of Loader: $140,000 2) Reduce neighborhood lighting project by $129,700 which is being funded from 3 cents gas tax. 3) Contingency: $83,000 City of Dania Beach Capital Improvement Request Form Project: Southeast Traffic Calming Priority 1 Project public services Director Mana er: Department: Public Services Division: Streets Project Location: Southeast Section Fiscal Year FY 08 FY 09 FY 10 FY 11 FY 12 Total FY 06/07 Plan and Studies $0 Engineering) $153,000 $70,000 $223,000 Architecture Land Acquisition/ Site Preparation: $0 Construction: $1,145,000 $291,000 $1,436,000 Equipment/ Furnishings $0 Other(Specify): $0 TOTAL COST: $1,298,000 $361,000 $0 $0 $0 $1,659,000 $0 Revenue Source: 3 cents/Gen Fund Description Justification and Explanation) A study was done by Kimley-Horn for Boyd Gaming. The study divided the recommended scope of work into Phases 1A, 1 B, and Phase 2. The Commission recommended that we proceed with Phases 1A& 1 B. A meeting was held with Broward County on July 12, 2007. The County recommended several revisions to Phase 1A& I and suggested we address certain items in Phase 2 with Phase 1A& 1 B. Phase 1 A is area within Dania Beach Blvd to the north, US - 1 to the west, area slightly south of SE 3rd Street to the south, and area slight west of 5th Avenue to the east. Phase 1 B is area east and west of 5th Avenue, to Dania Beach Blvd to the north and Sheridan Street to the south. Phase 2, is Area south of Phase 1A, south to Sheridan Street between US-1 to the west and Phase 1 B to the East. The scope of work for Phases 1A, 1 B, and part of Phase 2 is identified in the Cost Proposal submitted by Chen &associates, City's Consultant for this project. This work will be done in FY 08, the remaining work in Phase 2 will be addressed in FY 09. The estimated construction cost for Phase 1A is $627,500.00, Phase 1 B is $363,750.00 and Phase 2 Partial is 153,750 Annual Impact on Operating Budget Descriptive: Personnel: Operating: Replacement Year: Cost: _................................ Revenue/Other: Total $0 Manager Recommended: Commission Approved: 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 Nancy Stroud shall be $180.00 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 Z F OZ nl\ FJO i Jn U £ m Q •'+ 64 m nm ry .+ ry P Z W. F W d Z w F F yUy , 4 O u y w s w � m a £ F b v a P O z F F a o o Pao z u w u � a oo z000000000000000000000 �000 ✓ d J O O Ll N u n F d N w > u z z z a aUaW as zamG d z W >• ', �wwww ww ww �m mwNz - N > Z 4 4 4 4 4 £ 4 y U U v 4 v w U U V U > > Z H d tt W> a K » > O U F O fi Y w w ? w w N O fil K K J.±• w iJ 41 w U K d K K N •-� -------------------- 4 d 3 N 5 N to fL Vl VI K.+ Vl >• w w R K✓i N N N w w w w lil K N w d , w m , z w a u a a 0 y w m £ aN z J d[o oz F s�0000 00 0 0 000000000 0 u ur 4 Nc 4 4 w O N J T n o ndddddzddzzdzzdzzddddGGdGdzd F O xn a u F � a uW n� w um vmm�o�mP� v v ,m m . �m��Pe n � F 0 4 4 z c m wsd G a O d qd O x G U ti O V 41 0 F F a d r lyil a ' CITY OF DANIA BEACH Agenda Item # 7• Agenda Request Item Date of Commission Meeting: 10-9-2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: aeyuestet(Aeticyxt ::ttaentt N i2teAcion or Maur rdpr n}. Adopt resolution authorizing the city manager to enter into a service agreement with Motorola and authorizing payment in accordance with the terms of said agreement. Why Aetiot �Necat�sary . .: ; The department utilizes Motorola communications equipment which must be ready for use at all times. N. Wht`AetisinrAcco ttplishoS ; Allows for timely, reliable and cost effective maintenance and service for department communications equipment. P to illn 0.Ris -WON -'l" Dept: 2201 Fire Rescue AcctM 001-2201-522.34-10 Amt: $20,841.84 Fund: General: FRI water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ St mtnaW EXp!anA lonle"110 9rottnd The department had purchased communications equipment from Motorola in FY2004 which was being serviced under a warranty agreement, handling parts, labor and onsite visits within 24 hours. The lapsing of such agreement has required Dania Beach Fire Rescue to enter into service contracts to limit the cost of future repairs and maintenance. Approval of this service agreement and expenditures associated therewith will assure that any needed maintenance or repairs to the communications equipment utilized by the fire-rescue department will be made in a cost effective and timely manner. Fscal;impa+*tlCast:SLjmmarr This is a FY 2007/2008 budgeted item. Echiblfs Attasfi�d Resolution approving execution of service agreement with Motorola Service agreement between Motorola and Dania Beach Fire Department covering the period from 10/1/2007 to 9/30/2008. Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 n AutCtotlZBit Slgnature6 , Submitted by Michael Cassano Date Department Director Michael Cassano Date Assistant City Manager Colin Donnelly Date 10/02/07 HR Director Date Finance Director Patricia Varney Date 10/02/07 City Attorney Thomas J. Ansbro Date 10/02/07 City Manager Colin Donnelly Date 10/02/07 User Creating Item Item Name (do not use/or\ in name) Christy Blocker Motorola Service Agreement !C (('UBA ry i _ .... Commission Action: Approved: ❑ Denied: ❑ continued to: ❑ RESOLUTION NO. 2007-197 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A SERVICE AGREEMENT WITH MOTOROLA, A SOLE SOURCE PROVIDER, FOR THE MAINTENANCE AND REPAIR OF COMMUNICATIONS EQUIPMENT FOR AN AMOUNT NOT TO EXCEED $20,841.84, 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 WHEREAS, the City Manager has determined that service and maintenance of Fire Department communications equipment can be obtained at the least cost to the City by contracting with Motorola, a sole source provider, 1307 East Algonquin Road, Schaumburg, IL. 60196, in the amount of Twenty Thousand Eight Hundred Forty-One and 84/100 ($20,841.84); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the Service Agreement between the Dania Beach Fire Department and Motorola, in substantial form as appearing in Exhibit "A" attached, is approved and the City Manager is authorized to pay from the City of Dania Beach Fire-Rescue Department budget the sum of Twenty Thousand Eight Hundred Forty-One and 84/100 ($20,841.84). 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 October 1, 2007. 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 42007-197 OMOVil oL.a Ver49Burmwoo SERVICE AGREEMENT AtM:National Service Support 1307 East Algonquin Road Agreement Order#: 0555014670603 Schaumburg,IL 60196 Supersedes Agreement#(s): S00001008419,,,,,,.. (800)247-2346 Date: 3/21/2007 Required P.O.: No Company Name: Dania Beach Fin:Department Customer#: 1011377224 Attn: Bill to Tag#: 0002 Billing Address: 1DO W Dania Beach Blvd Contract Start Date: 10/01/2007 City,State,Zip: Dania Beach,FL 33004 Contract End Date: 09/3012008 Customer Contact: Deputy Chief Michael Cassano Anniversary Date: Phone: 964-924-3726 Payment Cycle: Monthly Fax: 954-921-0959 Tax Exempt: Yes PO#: Q Model/Option Descri tion Month Radio C EXt Extended TofaI o § , 8.82 . 4 SVC01SVC1422 Local Radio Combo package 1 73 $ 20,8418 SVCO2SVC0030 SP-Local Repair with OnSite Response SVC01SVC2012 SP-Contract Administration Services SVC01SVC2012 SP-Contract Administration Services SUBTOTAL-RECURRING SERVICE I$ 1,73682 E 20,841.84 SPECIAL INSTRUCTIONS-enmxsuiaauureiwwleroR Rersorawse SU9TOTAL-ONE-TIME EVENT SERVICES $ oaecslcrrcx�s TOT E 1,736.82 E 20,841.84 See attached list for equipment covered under co,trea Provides 24 x 7 support on TAXESE0.00 $0.00 Fire House Alerting.M-F 8-5 Support on balance of equipment No IT Support Is included for MW800 equipment GRAND TOTALI E 1,738.82 $ 20,841.84 THIS SERNGE MIIXMr 6 919ELT TO BT/TE D LOC W.iN(ING MiA01CTgN5,10 BE VERIFlEo BY WTCRIXA SUBCONTRACTOR(S) CITY STATE COMlel Dommunkallonslrc. Uwe FL I received Statements of Work that describe the sa'eices provided on this AgraemeM. Motorola's Service Tema 8 Conaitimu,a copy of~Is a8ached to Nu genies A9re t.Is incarpa%ed herein by this referance AUTHORIZED CUSTOMER SIGNATURE TITLE DATE 'i Depu hl Micheal Cassano CU OM A (PRINT NAME ( i sg V PPon manager MO RESE THE(SIGNATURE) TITLE DATE Cindee Mantes 954-723-4718 954-7234791 MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE FAX j SPC v4.9 Build 1000 Release Date:01/01/05 i I Service Terms and Conditions Motorola, Inc.,through its Commercial,Government,and Industrial Solutions Sector("Motorola"), and the customer named in this Agreement("Customer"), hereby agree as follows: Section 1 APPLICABILITY - These Service Terms and Conditions apply to service contracts whereby Motorola agrees to provide to Customer either (1)maintenance,support and/or other services under a Motorola Service Agreement, or(2)installation services under a Motorola Installation Agreement. Section 2 DEFINITIONS AND INTERPRETATION 2.1. "Agreement"means these Service Terms and Conditions;the cover page for the Service Agreement or the Installation Agreement,as applicable;and any other attachments,all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities,these Service Terms and Conditions will take precedence over any cover page, and the cover page will take precedence over any attachments, unless the cover page or attachment specifically states otherwise. 2.2. "Equipment"means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services"means those installation, maintenance, support,training,and other services described in this Agreement. Section 3 ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement.This Agreement will become binding only when accepted in writing by Motorola. The term of this Agreement will begin on the "Start Date"indicated in this Agreement. Section 4 SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement.At Customer's request, Motorola may also provide additional services at Motorola's then-applicable rates for such services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used;the Equipment will be serviced at levels set forth in the manufacturer's product manuals;and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the Initial Equipment,the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for such additional equipment expires. 4.4.All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the j Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged,stolen or taken out ! of service. Customer's obligation to pay Service fees for such Equipment will terminate at the end of the month in which Motorola receives such written notice. 4.5. Customer must specifically identify any Equipment that Is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to such Equipment; remove such Equipment from the Agreement;or increase the price to Service such Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5 EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal,customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear;or accident, liquids, power surges, neglect, acts of God or other force majeure events. i 5.2.Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment;accessories, belt clips, battery chargers,custom or special products, modified units,or software; and repair or maintenance of any transmission i i i line, antenna, microwave equipment,tower or tower lighting, duplexer,combiner, or multicoupler. Motorola has no obligations for any transmission medium,such as telephone lines, computer networks,the Internet or the worldwide web, or for Equipment malfunction caused by such transmission medium. Section 6 TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement.When Motorola performs service at Customer's location, Customer will provide Motorola,at no charge, a non-hazardous work environment with adequate shelter, heat, light,and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement.Customer will provide all Information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement,the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement,the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for such charges and expenses. Section 7 CUSTOMER CONTACT Customer will provide Motorola with designated points of contact(list of names and phone numbers)that will be available twenty-four(24)hours per day,seven (7)days per week,and an escalation procedure to enable Customer's personnel to maintain contact,as needed,with Motorola. Section 8 PAYMENT Unless alternative payment terms are specifically stated in this Agreement, Motorola will invoice Customer in advance for each payment period.All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty(20)days of the invoice date. Customer agrees to reimburse Motorola for all property taxes,sales and use taxes, excise taxes, and other taxes or assessments levied as a result of Services rendered under this Agreement(except income, profit,and franchise taxes of Motorola)by any govemmental entity. Section 9 WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety(90)days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement,the other party will give to the non-performing party a written and detailed notice of the default.The non-performing party will have thirty(30)days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party,in addition to any other rights available to it under law,may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. , 10.2.Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination.All sums owed by Customer to Motorola will became due and payable immediately upon termination of this Agreement.Upon the effective date of termination, Motorola will have no further obligation to provide Services. Section 11 LIMITATION OF LIABILITY This limitation of liability provision shall apply notwithstanding any contrary provision in this Agreement. Except for personal injury or death, Motorola's total liability,whether for breach of contract,warranty, negligence, strict liability in tort, or otherwise,will be limited to the direct damages recoverable under law,but not to exceed the price of twelve(12) months of Service provided under this Agreement.ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES,THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS;INCONVENIENCE; LOSS OF USE,TIME, DATA,GOODWILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for breach of this Agreement or otherwise relating to the transactions contemplated by this Agreement may be brought more than one(1)year after the accrual of such cause of action,except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement. Section 12 EXCLUSIVE TERMS AND CONDITIONS 12.11. This Agreement supersedes all prior and concurrent agreements and understandings between the parties,whether written or oral,related to the Services,and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein.The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement shall not affect its applicability. In no event shall either party be bound by any terms contained in a Customer purchase order, acknowledgement,or other writings unless: (1)such purchase order, acknowledgement,or other writings specifically refer to this Agreement; (ii)clearly indicate the intention of both parties to override and modify this Agreement;and (ill)such purchase order,acknowledgement,or other writings are signed by authorized representatives of both parties. Section 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1.Any information or data in the form of specifications,drawings, reprints,technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property,will be deemed proprietary,will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose,without Motorola's written permission or as required by law,any such information or data to any person, or use such information or data itself for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section will survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial,financial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential.Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel,or otherwise, any ownership right or license under any Motorola patent,copyright,trade secret,or other intellectual property including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Sectlon 14 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal,state, or local government agency and for complying with all rules and regulations required by such agencies.Neither Motorola nor any of Its employees is an agent or representative of Customer in any governmental matters. Section 15 COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two(2)years thereafter, Customer will not hire,engage on contract,solicit the employment of,or recommend employment to any third parry of any employee of Motorola or its subcontractors without the prior written authorization of Motorola.This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it shall be modified as necessary to conform to such law. Sectlon 16 MATERIALS,TOOLS AND EQUIPMENT All tools,equipment,dies, gauges, models,drawings or other materials paid for or fum!shed by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to such property,and return it to Motorola upon request. Such property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Sectlon17 GENERALTERMS 17.1. If any court renders any portion of this Agreement unenforceable,the remaining terms will continue in full force and effect. 17.2.This Agreement and the rights and duties of the parties will be governed and interpreted in accordance with the laws of the State in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes such as strikes,material shortages,or acts of God that are beyond that parry's reasonable control.. 17.5. Motorola may assign its rights and obligations, and may subcontract any portion of its performance, under this Agreement. 17.6.THIS AGREEMENT WILL RENEW,FOR AN ADDITIONAL ONE(1)YEAR TERM,ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE I i PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY(30)DAYS OF THAT ANNIVERSARY DATE.At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.7. If Motorola provides Services after the termination or expiration of this Agreement,the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for such services on a time and materials basis at Motorola's then effective hourly rates. i i i 1 Customer Name: Dania Beach Fire Department Start Date: 10/1/2007 33 XTS5000 Portables 13 XTL5000 Mobiles 8 MW800 Units 12 VRM850 12 Placer450 GPS Units 2 XTL5000 Control Stations 2 Zetron Model 6 Decoders 5 CAD Workstations XTL5000 Mobiles VRM850 Units MW800 500CEJ0861 508SEGO657 736SGC4331 500CEJ0862 508SEGO658 736SGC4332 500CEJ0863 508SEG0659 736SGC4333 500CEJ0864 508SEGO660 736SGC4334 500CEJ0865 508SEGO661 736SGC4335 500CEJ0866 508SEGO662 736SGC4336 500CEJ0867 508SEGO663 736SGC4337 500CEJ0868 508SEG0667 736SGC4339 500CEJ0869 508SEGO668 500CEJ0870 508SEG0669 500C EJ 0871 508SEG0670 500CEJ0872 508SEGO672 500CES2227 XTS5000 Portables 7210EJ2014 7210EJ2025 7210EJ2036 7210EJ2015 7210EJ2026 7210EJ2037 7210EJ2016 7210EJ2027 7210EJ2038 7210EJ2017 7210EJ2028 7210EJ2119 7210EJ2018 7210EJ2029 7210EJ2120 7210EJ2019 7210EJ2030 7210EJ2121 7210EJ2020 7210EJ2031 7210EJ2122 7210EJ2021 7210EJ2032 7210EJ2123 7210EJ2022 7210EJ2033 7210EJ2124 7210EJ2023 7210EJ2034 7210EJ2125 7210EJ2024 7210EJ2035 7210ES2308 Total Radio Contract: $17,633.76 Statement of Work Local Radio Combo Package 1.0 Description - Local Radio Combo Package provides operational check and board level repair services for mobile,portable, two-way and mobile data. An operational check is an analysis of the Equipment to identify external or internal defects. Local Radio Combo Package also includes service on standard palm microphones and single mobile controls heads,provided that they are required for normal operation of the two-way mobile and are included at the point of manufacture.Service is only included on Equipment specifically named in the applicable Agreement to which this Statement of Work is attached. Local Radio Combo Package excludes repairs to:optional accessories;MEN accessories;iDEN mobile microphones;non-standard mobile microphones;mobile external speakers;optional or additional control heads, single and multiple unit portable chargers;batteries,mobile antennas;mobile power&antenna cables and power supplies. The following are excluded from Local Radio Combo service unless they are purchased as an option for an additional fee.The options are OnSite,Radio Survey and Analysis,Portable Remote Speaker Microphones,. Portable Antenna Replacements Mobile Remote Control Heads. The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Service to be performed at the Servicer facility.during Standard Business Days. 2.2 Perform an operational check on the Equipment to determine the nature of the problem. 2.3- Remove/reinstall mobile or data Equipment frotn/to Customer's vehicle as needed for additional servicing. 2.4 Test and Restore the Equipment to Motorola factory specifications. 2.5 Remove any dust,and/or foreign substances from the Equipment. 2.6 Reprogram Equipment necessary to return Equipment to original operating parameters based on the template in the Equipment,if the template information can be retrieved from the Equipment,or from a backup diskette provided by Customer containing the template information. If the Customer template is not provided or not reasonably usable,a generic template utilizing the latest Radio Service Software(RSS) version for that Equipment will be used. The Equipment will require additional programming by the Customer to Restore the original template. 2.7 Notify Customer upon completion of repair for pickup of Equipment. 3.0 Customer has the following Responsibilities: - 3.1 Deliver and pick up Equipment to/from the Servicer facility. 3.2 Inform Servicer of description of problem for Equipment brought in for service. 3.3 If the Equipment will not power up,or if desired,supply Servicer with a backup diskette with.the Software template or programming in order to assist in returning the Equipment to original operating parameters. If applicable,record the current flashcode for each radio. 3.4 If Motorola must use a generic template to restore Equipment.to operating condition,Customer is responsible for any programming required to Restore Equipment to desired parameters. 3.5 -Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to _ provide the Local Radio Combo Package service to Customer. Local Radio Combo Package Page 1 of I Approved by Motorola Contracts&Compliance 04130104 - MOrOAWOLA Statement of Work Local Radio Combo Package OnSite Option—Pick up & Delivery 1.0 Description of Service Equipment will be picked up from and delivered to the Customer's location,within a designated radius of the Servicer facility.Schedule pickups will be mutually agreed upon and outlined in the Customer Support Plan. This Option covers Equipment that is specifically named in the applicable Agreement to which this Statement of - Work is attached. 2.0 Motorola has the following responsibilities: - 2.1 Use reasonable efforts to pickup and deliver Equipment per the mutually agreed upon Customer location, days of week,and preferred time. If a pick up/delivery cannot occur according to the preferred schedule, Customer will be contacted prior to the scheduled pick up/delivery,to arrange a mutually agreeable alternative date and/or time for pick up/delivery. 2.2 Generate service receipt and leave with Customer. 3.0 Customer has the following responsibilities: 3.1 Designate mutually agreeable location for service pickup and delivery,days of week,and preferred time. 3.2 Provide problem description along with unit. MOTOROLA Statement of Work SP-Local Repair with OnSite Response 1.0 Description of Services Local Infrastructure Repair is a repair service provided by the Servicer for Infrashvcture named on the Customer Equipment list. At the Servicer's discretion and responsibility,Infrastructure may be sent to Motorola,original equipment manufacturer,third party vendor, or other facility for repair. The terms and conditions of this Statement of Work(SOW)are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola Servicer has the following responsibilities: 2.1. Repair or replace Infrastructure at the Servicer facility or Customer location as determined by Servicer. Any replaced FRU will be of a similar kit and version,and will contain like boards and chips,as the Customer's malfunctioning FRU(s).Servicer is responsible for travel costs to a Customer location to repair Infrastructure. 2.2. Perform the following on Motorola Infrastructure: - - 2.2.1.Perform an operational check on the Infrastructure to determine the nature of the problem. 2.2.2.Repair or replace malfunctioning FRU,as determined by Servicer. 2.2.3.Verify that Motorola Infrastructure is returned to Motorola manufactured specifications. 2.3. Provide the following service on select third party Infrastructure 2.3.1.Perform pre-diagnostic and repair service to confirm Infrastructure malfunction and eliminate - sending Infrastructure with no trouble found(NTF)to third party vendor for repair,when applicable. 2.3.2.Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor for repair service. Servicer is responsible for all shipping and handling charges.. 2.3.3.Coordinate and track Infrastructure sent to the original equipment manufacturer or thud party vendor for service. 2.4. Re-program Infrastructure to original operating parameters based on templates provided by Customer required by Section 3.2. If the Customer template is not provided or is not reasonably usable,a standard default template will be used.The Servicer will provide the standard template. 2.5. Notify the Customer upon completion ofrepair or replacement. 2.6. Properly package,return ship or hand deliver Infrastructure to the Customer specified address. Servicer will pay return shipping charges,if being sent via overnight carrier. 3.0 Customer has the following responsibilities: 3.1. Contact Servicer and provide the following information: 3.1.1.Provide customer name,address of site location,and symptom of problem. 3.1.2.Provide model description,model nu nber,serial number, and type of System and Firmware version, if known. 3.2. Maintain and/or store backups of all applicable Software applications and Firmware for reloading,if necessary by Servicer,after repair service is completed. 3.3. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide Local Infrastructure Repair services to Customer. I page I of I I Exhibit A DESCRIPTION OF COVERED PRODUCTS MAINTENANCE AND SUPPORT AGREEMENT NO. 001954-000 CUSTOMER: Dania Beach Fire Dept The following table lists the Products under maintenance coverage: Site Ids Product Site Id Airmobile PSA0884_(AIR) PremlerCAD PSA0884_(CAD) PremierMDC PSA0884_(PMDC) Motorola Software DescriptionProduct KAirMobileTmAfrm0Dl1e License 5 n Query Client 1 Vehicle Client 8 PremierC Client Software (501+units) 8 Integration Client Module 8 M (Printrak Mobile Mapping) 8 ration Client Module obile Client Software(101-250ses it i I I I M&SA No.001954-000 2 ver.9.5.06 MAINTENANCE AND SUPPORT AGREEMENT NO.SA 001954-000 Exhibit B SUPPORT PLAN This Support Plan is a Statement of Work that provides a description of the support to be performed. 1. Services Provided. The Services provided are based on the Severity Levels as defined herein. Each Severity Level defines the actions that will be taken by Seller for Response Time. Because of the urgency involved, Seller will make every reasonable effort to provide a temporary or work around solution. When a permanent solution is developed and certified through testing, it will be incorporated in to the applicable Supplemental and or Standard Release. a 1 otal System Failure-occurs when the System is not functioning elephone conference nd there is no workaround; such as a Central Server is down or ithin 1 hour of initial voice hen the workflow of an entire agency is not functioning. notification his level is meant to represent a major issue that results in an unusable System, Subsystem, Product, or critical features. No ork around or immediate solution is available. 2 n ical Failure-Critical process failure occurs when a crucial elephone conference lement in the System that does not prohibit continuance of basic ithin 3 Standard Business perations is not functioning and there is usually no suitable work Hours of initial voice round. Note that this may not be applicable to intermittent notification problems. his level is meant to represent a moderate issue that limits a ustomers normal use of the System, Subsystem, Product or major non-critical features. 3 Non-Critical Failure-Non-Critical part or component failure elephone conference ccurs when a System component is not functioning, but the ithin 6 Standard Business System is still useable for its intended purpose, or there is a Hours of initial notification reasonable workaround. his level is meant to represent a minor issue that does not preclude use of the System, Subsystem, Product, or critical eatures. 4 Inconvenience-An inconvenience occurs when System causes a elephone conference minor disruption in the way tasks are performed but does not stop !thin 2 Standard Business orkflow. Days of initial notification his level is meant to represent very minor issues, such as osmetic issues, documentation errors,general usage questions, nd roduct or System U date re pests. 5 Customer request for an enhancement to System functionality is Determined by Seller's e responsibility of Seller's Product Management. Product Management. his level is meant to represent recommendations for product nhancements or modifications. I 1.1 Reporting a Problem. Customer shall assign an initial Severity Level for each error reported, either verbally or in writing, based upon the definitions listed above. Because of the urgency involved, Severity Level 1 or 2 problems must be reported verbally to the Seller's call incoming center. Seller will notify the Customer if Seller makes any changes in Severity Level (up or down)of any Customer-reported problem. I 1.2 Seller Response. Seller will use best efforts to provide Customer with a resolution for Severity 1 and Severity 2 issues within a reasonable time and in accordance with the assigned Severity Level when Customer allows timely access to the System and Seller diagnostics indicate that a Residual Error is present in the Software. Should Customer report an error that Seller cannot reproduce, Seller may I MBSA No.001954-000 3 ver.9.5-06 i enable a detail error capture/logging process to monitor the System. If Seller is unable to correct the reported Residual Error within a reasonable time, Seller will escalate its procedure and assign such personnel or designee to correct such Residual Error promptly, Should Seller, in its sole discretion, determine that such Residual Error is not present in its Release, Seller will verify: (a) the Software operates in conformity to the System Specifications, (b)the Software is being used in a manner for which it was intended or designed, and (c)the Software is used onlywith approved p rove d hardware or software. P 1.3 Error Correction Status Reoort. Seller will provide verbal status reports on Severity Level 1 and 2 Residual Errors. Written status reports on outstanding Residual Errors will be provided to System Administrator on a monthly basis. 2. Customer Responsibility. 2.1 Customer is responsible for running any installed anti-virus software. 2.2 Operating System ("OS") Upgrades. Unless otherwise stated herein, Customer is responsible for any OS upgrades to its System. Before installing any OS upgrade, Customer should contact Seller to verify that a given OS upgrade is appropriate. 3. Seller Responsibility. 3.1 Anti-virus software. At Customer's request, Seller will make every reasonable effort to test and verify specific anti-virus, anti-worm,or anti-hacker patches against a replication of Customer's application. Seller will respond to any reported problem as an escalated support call. 3.2 Customer Notifications. Seller shall provide access to (a) Field Changes; (b) Customer Alert Bulletins;and(c)hardware and firmware updates,as released and if applicable. 3.3 Account Reviews. Seller shall provide annual account reviews to include (a) service history of site;(b)downtime analysis; and(c)service trend analysis. 3.4 Remote Installation. At Customer's request, Seller will provide remote installation advice or assistance for Updates. 3.5 Software Release Compatibility. At Customer's request, Seller will provide: (a) current list of compatible hardware operating system releases, if applicable; and (b) a list of Seller's Software Supplemental or Standard Releases 3.6 On-Site Correction. Unless otherwise stated herein, all suspected Residual Errors will be investigated and corrected from Seller's facilities. Seller shall decide whether on-sfte correction of any Residual Error is required and will take appropriate action. 4. Decision Support System ("DSS") Products. (Applies to Motorola's PremierCAD Software only). The CAD DSS products are supported on a consultative basis only with annual consultation hours not to exceed eight (8) hours. Any additional consultation shall be invoiced on a time and material basis at Seller's then current rates for professional services. 5. Compliance to Local County State and/or Federal Mandated Changes. (Applies to Software and interfaces to those Products) Unless otherwise stated herein, compliance to local, county, state and/or federally mandated changes, including but not limited to IBR, UCR, NCIC and state county, interfaces are part of the covered Services. i M&SA No. )01954-000 4 ver.9.5-06 i i 6. Annual System Performance Review and Report. Seller will prepare the following reports to include: 6.1 (Applies to PremierCAD Software only) (a) System Analysis MEASURE: Evaluate disk and CPU load PEEK: Evaluate memory availability and use VIEWSYS: Evaluate use and availability of PCBs EMSA/TMDS: Review logs for hardware reports File Sizing Review file sizing on changeable files (b) Pathway Analysis Evaluate effectiveness of system configuration for current load Evaluate TCP/Server statistics Evaluate efficiency of server class maximum and minimum settings (c) Performance TMX Timings: Evaluate application response times Analysis 6.2 (Applies to Motomfa®Computer Aided Dispatch Software installed on Stratus ftServeronly) Update Equipment drivers Upload Equipment patches, hot fixes and firmware Evaluate effectiveness of System configuration for current load based upon overall CPU Utilization 6.3 Based on the Annual System Performance Review and Reports, Seller's Technical Support Analyst will review findings and recommend software or hardware changes to improve overall operations. (The below listed terms are applicable oniv when the Maintenance and Support Agreement includes (a) Equipment which is shown on the Description of Covered Products, Exhibit A to the Maintenance and Support Agreement, or(b) CAD HP Nonstop S-Series hardware in addition to the Seller CAD Software.) 7. On-site Product Technical Support Services. Seller shall furnish labor and parts required due to normal wear to restore the Equipment to good operating condition. 7.1 Seller Response. Seller will provide telephone and on-site response to Central Site, defined as the Customer's primary data processing facility, and Remote Site, defined as any site outside the Central Site, as shown in Support Plan Options and Pricing Worksheet. 7.2 At Customer's request, Seller shall provide continuous effort to repair a reported problem beyond the PPM. Provided Customer gives Seller access to the Equipment before the end of the PPM, Seller shall extend a two(2) hour grace period beyond PPM at no charge. Following this grace period, any additional on-site labor support shall be invoiced on a time and material basis at Seller's then current rates for professional services. I i I i M&SA No.001954.000 5 ver.9.5..06 7.3 CAD HP NonStop SSeries Service Plans 7.3.1 The following HP electronic support tools are available: Express Notice ffelectronicall email notification of new software nnouncements and updates Scout for Nonstop Servers ered, users have the ability to perform uct modification(IPM)analysis on rnel systems and to download IPMs l . Total Information Manager JIM) A CD collection of support documentation shipped with the initials stem. Knowledgebase for NonStop Support Once registered, users have access to a powerful (KBNS) search tool offering quick and easy access to reviousl answered technical support guestions. 7.3.2 HP NonStop S-Series Service Plan: Continuous The PPM is 24 hours a day, 7 days a week. On-site response time is Availability within two(2) hours. Includes on-site coverage for national holidays. High Availability The PPM is 24 hours a day, 7 days a week. On-site response time is within four(4) hours. Includes on-site coverage for national holidays. Enhanced Availability The PPM is 8 a.m.—5 p.m. Monday-Friday, excluding national holidays. On-site response time is next business day. I 7.4 Under all CAD HP NonStop Series hardware service plans, coverage will include: I • Perform corrective or scheduled preventive service during the PPM specked in the Plan. i • Log all service requests and furnish telephone and/or on-line diagnostic services from the Seller's call intake center or the HP Nonstop Support Center (CTNSC) 24 hours per day, 7 days per week. I • Furnish all labor, parts, materials, and on-site service during the PPM as necessary to ensure HP NonStop Series hardware is operating in accordance with applicable published specifications. ! Replacement parts will be new or equivalent of new in performance. Replaced parts will become the property of HP. j • Install any mandatory Field Change Order(s) required for the safety or proper operation of maintained HP NonStop Series hardware. • Assign an HP Customer Engineer and an alternate who will be responsible for providing service. • Provide on an annual basis (i) equipment inventory of maintained HP NonStop Series hardware; and (ii) planning meeting to discuss the current Service Plans and Customer's future requirements. 'i M&SA No.001954000 6 ver.8.5..06 j I i Exhibit C SUPPORT PLAN OPTIONS AND PRICING WORKSHEET Maintenance and Support Agreement# 00195"00 Date September 16,2007 New Tenn Effective Start 10/01/07 End 09/30108 CUSTOMER: Dania Beach Fire Dept BILLING AGENCY: City of Dania Beach Address: 102 W Dania Beach Blvd Address: 100 W.Beach Blvd. CITY,STATE,ZIP CODE: Dania,FL 33004 CITY,STATE,ZIP CODE: Dania,FL 33004 CONTACT NAME: Michael Cassano CONTACT NAME: Accounts Payable CONTACT TITLE Deputy Fire Chief CONTACT TITLE TELEPHONE: 954-924-3722 TELEPHONE: FAX: FAX: Email: mcassano ci.dania-beach.fl.us Email: For support on products below,please contact Customer Support at(800)323-9949 (Option 2—Data Infrastructure Technical Support&Option 6—Public Safety Applications). ® PremierCADT ❑ Motorola®Computer Aided Dispatch ❑ CAD HP u NonSto * Series hardware ❑ RMS InfotrakTM ❑ OSendertrak- ❑ ImagetrakT p ❑ NetRMS ❑ CRIS—Predecessor toNetRMS ❑ Cruiser—FBRReplacement ❑ Customer Service Request System ❑ Case Management System ❑ License Permitting System ❑ Enhancements to Products ❑ Custom Software ® PremierMDCT ❑ TxMessen AirMobrMob erT" ❑ I iletio-Framework ® MOTOROLA SOFTWARE SUPPORT ANNUALFEE ® GOLD • 24 hours a day,7 days a week PPM ♦ Supplemental Releases ♦ Standard Releases ♦ Technical Support Services • Product:PremlerCAD(Term: 12I01/07-09/30/08, 10 mos) $ 1,526.00 • Product:PremlerMDC(Tenn: 10/01/07-09130/08, 12 mos) $ 1,263.00 ® SILVER ♦ Monday-Friday 8:00 a.m.5:00 p.m. ♦ Supplemental Releases ♦ Standard Releases • Technical Support Services ♦ Product Ainnobile(Tenn: I 0/01/D7-09/30/08, 12 mos) $ 430.00 MOTOROLA SOFTWARE SUPPORT TOTAL $ 3,208.00 OTHER AVAILABLE OPTIONS ANNUAL FEE ❑ Users Conference Attendance Year Number Attendees Requested $ ($2,650 per Attendee) • Registration fee • Roundtrip travel for event(booked by Motorola) • Hotel accommodations(booked by Motorola) • Rental car(booked by Motorola) • Daily meal allowance(determined by Motorola guidelines) ❑ Consulting Services-8 Hour Blocks(plus travel fees) $ ❑ Other. $ Monthly Payment Option $ 267.33 Prepared by: Tanya Mansell,714-238-2057,tanyamansell@motorola.com FULL TERM FEE GRAND TOTAL' $ 3,208.00 -ExclusIve of taxes Ir applicable I MBSA No.001954000 7 ver.9.5.06 ,I Exhibit D CURRENT BILLABLE RATES MAINTENANCE AND SUPPORT AGREEMENT NO. 001964-000 CUSTOMER: Dania Beach Fire Dept The following are Motorola's current billable rates, subject to an annual change. The following rates apply to Customers with a current,active Maintenance and Support Agreement. Billable rates a Iv to services rovided outside of the PPM. HOURS : • RATES - 8 a.m.-5 p.m.M-F (local time) $160 per hour, 2 hours minimum After 5 p.m., Saturday, Sunday, Motorola Holidays $240 per hour,2 hours minimum The following rates apply to Customers without a current,active Maintenance and Support Agreement. HOURSSERVICE : • RATES - 8 a.m.-5 p.m. M-F(local time) $320 per hour, 2 hours minimum After 5 p.m., Saturday, Sunday, Motorola Holidays $480 per hour, 2 hours minimum Note:Above rates reflect labor rate only. Additional fees for on-site travel expenses, third party expenses and/or materials will be quoted at the time of customer request for services. i M&SA 001954-000 8 ver,9.5.06 I CITY OF DANIA BEACH Agenda Item # 7• / Agenda Request Item Date of Commission Meeting: 10-9-2007 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Ftaq aste4:A4tltfll :tldea �...... rF Antiiif ar MatGini . RESOLUTION TO CONTINUE 50/50 SIDEWALK PROGRAM. VYtty Acttott�is;N��+�sary '. TO CONTINUE POPULAR PROGRAM AND ADDRESS CODE ISSUES YVhaE A�ti4r► �ih0otll�?I��i@s .. PROVIDES FUNDING FOR DESCRIBED PROGRAM ,Poch Requests C)Nl Y Dept: 4101 Public Services Streets Acct#: 001-4101-541.46-60 Amt: $70,000.00 Fund: General: ❑X Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explangtill f e�$rt urid SEE MEMO FI#W Impact(Co&t Sutttnatry . NONE - BUDGET APPROVED Ekh,bits Rittached ; . RESOLUTION SEE MEMO Exhibit 1 —Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signdtttres Submitted by Leo Williams Date 10/02/07 Department Director Dominic Orlando Date 10/02/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 10/02107 City Attorney Thomas J. Ansbro Date 10/03107 City Manager Colin Donnelly Date 10/03/07 User Creating Item Item Name (do not use/or\in name) Leo Williams 50-50 SIDEWALK PROGRAM � R t717 v'l..L. :. �k� �r:n;i �.;_.. ii tiu:,� nii9�(llll �I�:„ �.i.. i�v r,i ,; Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-198 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE REPLACEMENT AND INSTALLATION OF SIDEWALK SERVICES IN AN AMOUNT NOT TO EXCEED $70,000.00 IN FISCAL YEAR 2007-2008, FROM STRAIGHTLINE ENGINEERING SERVICES UNDER SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP BID #05-06-012; 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 install sidewalks as part of the City's 50150 Program; 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 $70,000.00 to Straightline Engineering Services under the Southeast Florida Governmental Cooperative Group Bid 05-06-012 which will expire in July 2008, and the proper City officials are authorized to execute the contract for the work; provided, however that no contract will become effective unless and until City officials complete their execution of it. Section 2. That the Director of Finance is authorized to expense an amount not to exceed $70,000 from the General Fund for the 50-50 program. 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#2007-198 City of Dania Beach Department of Public Services 100 West Dania Beach Blvd Dania Beach,FL 33004 •(954)924-3741 -(954)-923-1109(fax) TO: Mayor Robert Anton Vice Mayor Albert Jones Commissioner John Bertino Commissioner Anne Castro Commissioner Patricia Flury FROM: Ivan Palo, City Manager VIA: Dominic F. Orlando, P.E. Director of Public Services Date: October 2, 2007 RE: Approval of 50/50 and ADA Sidewalk Funding Introduction and Background The City has a 50/50 sidewalk program available to residents. The City and resident split the cost equally for the sidewalk repair/replacement. Staff recommends using existing contract with Straightline Engineering Services under Southeast Florida Governmental Cooperative Group Bid #05-06-012 to provide these services by allowing increased spending using existing budget funds. Recommendation It is recommended that the City Commission approve a resolution for the work in the amount of$70,000.00, and authorize the City Manager to execute same. Page 1 CITY OF DANIA BEACH Agenda Item # �O Agenda Request Item Date of Commission Meeting: 10-9-2007 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: t?equesitei#-Acttots 4taen ry a�?p o N' n or Mown)j Approve a resolution to request a re-allocation of funds of 33rd Year CDGB funds ($242,279.00) #Illhy'ArrtiiitY is Nabessaty Broward County- Housing & Community Development Division requires a resolution to make program modifications. What Ac it A coilipifsltes. Allow Broward County to approach HUD to make changes to 33rd program. Purchastag Regaea#s QNt Y Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑X Capital: ❑ -',ummaryxpeteallo>41Eta�)Cgr+bfn41 ° 't{ -, ' ', ..... ...... :. ...:, ., : ,..,.", . :.. ..,. zl The City Commission no longer desires to construct the NW Community Outreach Center due to cost and the availability of the CW Thomas recreation building in the northwest neighborhood. HUD requires a resolution to make a program modification. Fiscal lmpacUCost.Stmrrianj If request is not approved, another funding source will be required for solar street lights. Additionally, the City may be required to pay CDBG back for purchase of land ($34,754 )and the development of plans ($75,000) Exhibits A#tacrietf 1- Resolution 2-Cost estimate on Construction of NW Community Center Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 dythoriz®d:Stgriatyr®s . . ' Submitted by Colin Donnelly Date 10/02/07 Department Director Date Assistant City Manager Colin Donnelly Date 10/02/07 HR Director Date Finance Director Patricia Varney Date 10/02/07 City Attorney Thomas J. Ansbro Date 10/03/07 City Manager Colin Donnelly Date 10/03107 User Creating Item Item Name (do not use/or\ in name) iKathy Herman cdbg 33rd year program change W�tt¢t7kill ry ,i II1 Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION 2007-199 A RESOLUTION OF THE CITY DANIA BEACH, FLORIDA, REQUESTING THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS TO APPROVE A REQUEST TO REALLOCATE THE 33Ro YEAR CDBG 2007- 2008 FUNDING AWARD FROM THE CONSTRUCTION OF THE NW COMMUNITY OUTREACH CENTER TO SOLAR STREET LIGHTING IN QUALIFIED NEIGHBORHOODS WITHIN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach was awarded and expended funds in accordance with the 28"h Year Community Development Block Grant (CDBG) Agreement in the amount of $34,754.00 for the purchase of real property for the purpose of construction of a NW Community Outreach Center; and WHEREAS, the City of Dania Beach was awarded and expended funds in accordance with the 29`h Year CDBG Agreement in the amount of $75,000.00 for the creation of architectural plans for the construction of the NW Community Outreach Center; and WHEREAS, the City of Dania Beach was awarded for the 33'd Year CDBG 2007-2008 a Funding Award in the amount of $242,279.00 for the construction of the NW Community Outreach Center; and WHEREAS, the architect's revised estimate to construct the NW Community Outreach Center is $1,105,248.00, which is an increase of$484,908.00 from the 2004 architect's estimate of $620,340.00, which exceeds the City's ability to finance the construction, staffing and maintain the NW Community Outreach Center due to the loss of property tax revenue as a result of tax reform by the Florida Legislature and future reductions to the City's revenue; and WHEREAS, the City of Dania Beach constructed a new recreation building to replace a dilapidated building at C.W. Thomas Park, which is in the same neighborhood as the proposed NW Community Outreach Center, and the new recreation center is able to meet the needs of the northwest community, making the proposed NW Community Outreach Center redundant; and WHEREAS, the City of Dania Beach would rather install solar street lights on streets in qualified neighbors with the 3P Year funds in the amount of$242,279.00 which funds are now allocated for the construction of the NW Community Outreach Center; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City of Dania Beach, Florida requests that Broward County Board of County Commissioners approve the City's request to reallocate the 33`d Year CDBG 2007-2008 Funding Award in the amount of $242,279.00 for solar powered street lighting in qualified neighborhoods within the City of Dania Beach. Section 2. That the City Commission of the City of Dania Beach understands that the Broward County Board of County Commissioners must first seek a waiver from the U.S. Department of Housing and Urban Development prior to granting any approval. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. 2 RESOLUTION#2007-199 Section 4. That this Resolution shall be in force and take effect retroactive to October 1, 2007. PASSED and ADOPTED on 2007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 3 RESOLUTION#2007-199 2 � AA r c? .A' City ol' Dania Beach Single-story 3,300 GSF CBS slab on grade building,generally compnsed of a Classroom.Computer Room,Two Offices, Exterior Covered Proch and related support Spaces. _ Stsl 1 Gen Cued+GC O!'IP 51 TT,486� 2202% S63 2a $4,Preoarabon 57622 095% $2 2b Site UtilNes $54 284 S 73% 546 2c Site Lantlscece 219240 239%. $6 3 CONCRETE $105,268 7306% 512 ' 4 MASONRY s57,1 J5 : 709%. S17 5 METAL 428 022 3 4D%, $D S WOOD s3,248�. 0 a0%. $1 7 MOISTURE PROTECTION S21,273 3.68%. 59 8 DOO 5 - N1JtW15 519,528 2 42% 56 B FINISH HEi $64,431 . 7 P9%. 519 10 SPECUtLTIES $tS,<27, t.91%:t%: $5 11 EQUIPMENT $49.t52 Sto%i $15 ............ 14 CONVEYANCE SO 090% 50 12 FURNISHINGS so 0.00% $0 15 MECHANICAL HVAC S76 514 9 49%� $23 __—_ PLUMBING 529924 ELECTRICAL 569 443 8 49"h 521 Ssib Total Construction Cost S06,135 100% $242 1SF 4Contingeney —___._ _ S120920 Base AE Fee rRioni;paid to Cate) $78,16 AE Fee to With E50.000 Other;su;eysn'esting'i budget $50 otto PROJECT COST 1,105,246 SUMMARY DATA lntarbr Area 3,827 sf Total Area(Roof) 3.326 st Building Related Construction $698,051 $165 tsf of toot S4e Related Conslrucoon $108,074 13% SubTolal Construe wn $806.135 CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commission CC: Mary McDonald, Human Resources Director/Risk Manager Patricia Varney, Finance Director Cathy David, Fire/Police Pension Administrator Marie Jabalee, General Employees Pension Administrator Ken Harrison, Esq. FROM: Thomas J. Ansbro, City Attorney DATE: October 1, 2007 RE: Proposed Amendments to Chapter 18, "Pension and Retirement" to Clarify Eligibility of " Vested Terminated" Employees and Retirees to Participate in the City Health Plan Attached is an ordinance which will amend provisions in Chapter 18 of the City Code of Ordinances, which Chapter is entitled "Pensions and Retirement", to provide clear definitions of the terms "retiree", "to retire", and "vested terminated or terminated vested" employees. The amendment will also clarify the eligibility for participation in the City's health plan of "vested terminated" employees, i.e., when they become retirees, they will be eligible to rejoin the plan as a retiree and subject to the same terms as any person who continued City employment until qualifying for and deciding to retire. This is ready for Commission approval (adoption of the ordinance). TJA:slw Attachment ORDINANCE NO. 2007-024 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO THE CITY RETIREMENT SYSTEMS; AMENDING CHAPTER 18 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "PENSIONS AND RETIREMENT," TO AMEND SECTION 18- 1, "PARTICIPATION IN GROUP INSURANCE — RETIREES" TO CLARIFY THAT EMPLOYEES WHO TERMINATE CITY EMPLOYMENT BUT WHO ARE VESTED AT THE TIME OF TERMINATION ARE TO BE AFFORDED THE OPTION TO RE-JOIN THE CITY HEALTH PLAN WHEN THEY BECOME RETIREES; FURTHER, TO CREATE DEFINITIONS FOR THE TERMS "VESTED TERMINATED", "TERMINATED VESTED" (EMPLOYEES), "RETIREE" AND "TO RETIRE" AND TO PROVIDE FOR THEIR INCLUSION IN SECTION 18-3 ("DEFINITIONS"); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH: Section 1. That Section 18-1 of the City Code of Ordinances, which section is entitled"Participation in group insurance—Retirees", is amended to read as follows: Sec. 18-1. Participation in group insurance--Retirees. All retired city officials and employees are authorized to enter into such agreements as are necessary to provide that retired officials, employees or both of the city may participate in the group medical, hospitalization, and life insurance plan of the city, provided that one-third (1/3) of the cost of any such continued participation in any such group insurance plan shall be paid by the retired employee. However, retired employees and employee beneficiaries receiving benefits from any city retirement plan and trust shall be eligible for an annual health insurance subsidy as provided in subsections 18-29.2(k) and 18-42(10) herein; and provided further, however, that the city will pay health insurance premiums of federally required "COBRA" (Consolidated Omnibus Budget Reconciliation Act of 1986) coverage on behalf of surviving member beneficiaries of a deceased general employee for a maximum of six (6) months after the date of death of the retiree. Such survivors are eligible for continued group health coverage in accordance with COBRA legislation. Premiums for such coverage will be made by the city for the first six (6) months following the death of the covered retiree; thereafter, the cost of COBRA coverage will be the responsibility of the survivor. Retired city officials and employees not receiving benefits from any city retirement plan and trust shall be eligible to participate in the city's group insurance plan at their own expense. "Vested terminated" or "terminated vested" employees are eligible for continued health care insurance coverage under COBRA, under the same rules as all employees whose City employment is terminated under anv circumstance other than retirement. "Vested terminated" or "terminated vested" employees become retirees when they begin collecting retirement benefits. At that time, they are offered the option to rejoin the City health plan as a retiree on the same basis and subject to the same terms and conditions provided to anyone retiring at that time. Section 2. That Section 18-3 of the City Code of Ordinances, which section is entitled "Definitions," is amended to read as follows: See. 18-3. Definitions. As used in this Chapter and for the administration and construction of its provisions, unless otherwise defined or plainly required by context, the following terms shall have the meaning indicated: Retiree means a person who was formerly a City employee and who is eligible to be paid a retirement benefit from the General Employees' Retirement Plan and Trust or the City of Dania Police and Firefighters Retirement System; provided, however, that the refund of accumulated contributions with or without interest, as provided in this Chapter, is not a "retirement benefit." • • • To Retire, in all its forms, means the act of becoming a Retiree. • • • Vested Terminated or Terminated Vested means and refers to a person who was formerly a member of the General Employees' Retirement Plan and Trust or the City of Dania Police and Firefighters Retirement System but who separated from employment by (or, in the case of an elected public official, separated from office with) the City after obtaining a vested right to a retirement benefit, but prior to becoming eligible to be paid such retirement benefit and who is not vet eligible to be paid such retirement benefit from the General Employees' Retirement Plan and Trust or City of Dania Police and Firefighters Retirement System,• provided however, that the refund of accumulated contributions with or without interest as provided in this Chapter, is not a "retirement benefit." 2 ORDINANCE#2007-024 Section 3. That it is the intent and understanding of the City Commission that this Ordinance merely ratifies, confirms, validates, clarifies and codifies longstanding practice. Section 4. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 6. That this Ordinance shall be effective immediately at adoption on second reading. PASSED on first reading on , 2007. PASSED and ADOPTED on second reading on 2007. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 3 ORDINANCE#2007-024 CITY OF DANIA BEACH Agenda Item # 7 /v? Agenda Request Database Date of Commission Meeting: 10/9/2007 Public Hearing ❑ Adopt Resolution ❑ Adopt Ordinance (1st Reading) X❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: ORDINANCE NO.20074)25 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST MADE BY PAUL DOUGLAS OF OOUGLAS DEVELOPMENT GROUP,INC. REPRESENTING WILSON ATKINSON,PRESIDENT OF GRIFFIN POINT,INC.,FOR THE'GRIFFIN POINT PLAT",SUCH PROPERTY BEING GENERALLY LOCATED ON THE NORTH SIDE OF GRIFFIN ROAD,WEST OF RAVENSWOOD ROAD 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"GRIFFIN POINT PLAT';PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS:FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ PL-15-05: Request by Paul Douglas of Douglas Development Group, Inc. for perimeter plat approval of the "Griffin Point Plat" (Property generally located on the north side of Griffin Road west of Ravenswood Road in the City of Dania Beach). Ordiance Staff Report Location Application Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Laurence Leeds Date Department Director Laurence Leeds Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date iA Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2007-025 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY PAUL DOUGLAS OF DOUGLAS DEVELOPMENT GROUP, INC. REPRESENTING WILSON ATKINSON, PRESIDENT OF GRIFFIN POINT, INC., FOR THE "GRIFFIN POINT PLAT", SUCH PROPERTY BEING GENERALLY LOCATED ON THE NORTH SIDE OF GRIFFIN ROAD, WEST OF RAVENSWOOD ROAD 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 "GRIFFIN POINT 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 "Griffin Point Plat" (PL-15-05), such property being generally located on the north side of Griffin Road, west of Ravenswood Road and SW 45`h 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 "Griffin Point 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 . 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#2007-025 EXHIBIT "A" - "GRIFFIN POINT PLAT" LEGAL DESCRIPTION LOT 16, BLOCK 4, LESS THE NORTH 25 FEET AND LESS THE SOUTH 20 FEET FOR RIGHT-OF-WAY, OF MARSHALL'S EVERGLADES SUBDIVISION OF SECTION 29, TOWNSHIP 50 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 32, PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA, LYING NAD BEING IN BROWARAD COUNTY, FLORIDA. 3 ORDINANCE#2007-025 a ■ A CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT DATE: October 9, 2007 City Commission Meeting (1SL Reading) TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director C �� PL-15-05: Request by Paul Douglas of Douglas Development Group, Inc. for perimeter plat approval of the "Griffin Point Plat" (Property generally located on the north side of Griffin Road west of Ravenswood Road in the City of Dania Beach). The subject property is zoned C-1 (Office). Vehicular access is proposed along both Griffin Road and SW 451h Street. The property is currently vacant. PLANNING AND ZONING BOARD RECOMMENDATION Approval, subject to the following conditions: 1 . Submission of signed and sealed survey. 2. Survey must show location of all easements and right-of-way identified in the opinion of title prepared by Richard Coker. Revise plat note #2 accordingly. 3. On signature page, 2 signature lines are provided for the City's Planning and Zoning Board chairperson. Eliminate one and replace with the City Engineer. 4. Provide SW 45th Street vehicular access opening as per City Commission Land Use Plan Amendment Recommendation (Exit-only, right-turn only to SW 45th Street; located on the east side of the site). I CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET R EW 771 Route Date 1/12/2007 PZ Log PL-15-05 Project Griffin Pointe -__— _-� Folio ''50-42-29-01-157 iRevised PLAT .50-42-29-01-1571 1 PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up In-house ❑ Fire Marshal Cl Landscape IV] BSO ❑ Public Services ❑ Planner Approved as submitted �]/ Denied ❑ JlaiN 1 B (UUl Comments must address prior Approved w/conditions ❑, to PZ/Commission hearing Planning List Conditions Dr:m art ten` SSture Date mq_,oA Print Name --- - - -- - -- - -- CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET Route Date 1/122607 PZ Log Sean Brown - Projaq j`Revis Pointeed PLAT Folio 50-42-29-01.1570 Revised b0-42-29-01-1571 PLEASE REVIEW TH M E ABOVE REFERENCED PROJECT FOR COMMENTS )TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up© In-house ❑ Fire Marshal Landscape❑ BSO ❑ Public Services ❑ Planner❑ Other Consultants ❑CGA Approved as submitted��✓�� Denied Comments must address prior Ap proved pproved w/conditions x to PZ/Commission hearing --' rn y � List Conditions Ftrz� Review N - 7LN6r-T O,vt� - I M re Date Print Name ^" " L'k ;is4 C> - X -- - _ . x- CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET �4�OMMEhF1'S IF Al�1f� Route Date 1/12/2007 �------------- -- -- -.—_ PZ Log PLd S-OS � -..------------_.__ -- �L. _ Project Griflln Pointe Folia ,50-yd-1q._py_-tS�p�l Revised PLAT So-4 PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up E%11 In-house ❑ Fire Marshal ❑ Landscape ❑ BSO ❑ Public Servicesx q-4 5) Planner ❑ Other Consultants FVICGA mf Approved assubmitted }� Domed 7 L`L/ Comments must address prior ❑ Approved w/conditions -, to PZ/Commission hearing List Conditions ' /gnatu,/o D to �Ye h -4e S S P ,Z/Q/1 c Print Name I City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (9S4) 924-364S General Development Application ❑ Assignment of Flex/Reserve Units APR 11 2005 Land Use Amendment Plat _ . ❑ Plat Delegation Request ❑ Rezoning Date Rec'd• ❑ Site Plan el,-/S--0 S ❑ Special Exception Petition No.: ❑ Special Request ❑ Trafficway Waiver ❑ Variance ❑ Vacation Request ❑ Other. AN ORIGINAL NOTARIZED APPLICATION, COMPLETELY FILED OUT, INCLUDING ALL NECESSARY DOCUMENTS, IS REQUIRED BEFORE THIS APPLICATION WILL BE _ ACCEPTED. IMPORTANT, TH£APPLICANT OR THEIR AUTHORIZED LEGAL AGENT MUST BE PRESENT AT ALL PLANNING AND ZONING BOARD AND CITY COMMISSION MEETINGS. REFER TO THE "APPLICATION TYPE- AND "REQUIRED DOCUMENTATION- CHECKLIST TO DETERMINE THE SUPPLEMENTAL DOCUMENTS REQUIRED WITH EACH APPLICATION. Location Address: North Side of Griffin Road West of Ravenswood Road Lot(s): 16 Block: 4 Subdivision: Marshall everglades Subdivision PB2/PG32 D.C.R. Recorded Plat Name:Marshall Everglades Sub inision PB2 PG 32 Dade County Records 504229011570 Folio Number(s): 504229011571 Legal Description: �r See Attached •c �' ���n'a `�.�i , •7W— /21 6, k,,`( Applican onsultant/Legal Representative (circle one) Paul Douglas - — )7 97� Address of Applicant: 17767 S. Dixie Highway, Miami, FL 33156 Business Telephone: 305 255-0256 mome: Fax: IName of Property Owner: Griffin Pointe, Inc. A Florida Corporation Address of Property Owner: 1946 `haler Street Hollywood, Floirda 33302 Business Telephone:(954) 925-5501Home: Fax:(954) 920-2711 Explanation of Request: Platting of property FEB-15-2005(TUE) 08: 50 Sun-tech Engineering (FAC950773116 v 073/005 Prop,Net Acreage. Gross Acreage: Prop.Square footage: Exlsting Use: Pfoposed Use: Is property owned Individually,by a oNporation, or a joint venture? APPLICANT,CONSULTANTS OR LEGAL REPRESENTATIVE NOTARY"SIGNATURE Sworn tC and subscribed before me Appiic"Consultant/Representa ve: This day of F`-!3 t 20�� i ` L Sk nature:--K _ram lDate: .Z /s O — t� Sign Name of Notary Public (Print Name) State of( r wc'_%o'+ ) Print Name of Notary Street Address,Gty,State and Zip Code Commission Expires: N 3 rio 301) '�5G Oc�56 Seal: Tefthone No. &Fax No. Tp� ' cJ1°nelt fIna 'bes .tee '�'•.�:r`6 fires: MAY 2) 200 ' ,•o,,,,,,,,o "namntY1.60 V.6161 INDMDUAL OWNER NOTARQED SIGNATURE: This is to certify that 1 am the fee simple owner of subject lands described! above and that I have authorized (Ap0kantXonsWmntfRcpnscntative) to make and file the aforesaid applianom 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,OLy,State and Zip COde Commission Expires: seal: Telephone No. &Fax No. EO'd bZTZb6450E dno.As }uatudotanaG sul Sno❑ VRA :san cn-cr-004 CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of su lands described above and that I, as a duly authorized officer, have authorized li onsultant/Representative) Paul Douglas to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: Griffin Pointe, Inc. This 29 day of March 20 05 Signature: Date: March 29, 2005 Wilson C. Atkinson, III (Print Name) K President Sign Name of Notary Public (Print Title) State of( Florida ) one Financial Plaza, Suite 1400 Cindy Clark Fort Iauderdale, FL 33394 Print Name of Notary Street Address, City, State and Zip Code Ph. 954-925-5501 Commissiq)t Expire. Fax Q54—Q?0-971 1 Seal:, u! •'! •;Commission-e 4958� Telephone No. &Fax No. .•y Expires:Oct 26 2006 BondedTlau Atlantic Bonding Co.•Inc. ]DINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me This day of 20_ Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. LEGAL DESCRIPTION LOT 16, BLOCK 4, MARSHALL EVERGLADES SUB-DIVISION, OF SECTION 29, TOWNSHIP 50 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 32, PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LESS THE NORTH 25 FEET THEREOF AND LESS RIGHT-OF -WAY FOR GRIFFIN ROAD, CONTAINING 9.55 ACRES, MORE OR LESS. CITY OF DANIA BEACH Agenda item # ll 13 Agenda Request Database Date of Commission Meeting: 10/09/2007 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: R@gUB'stedAC1f6t1: (I<lantlty8ppt4prt8t0ltdlori Anton) Approve additional $1,595.00 for materials and labor for Sun Shelter Project on Dania Beach Pier. Why Aetiors t,Necessary The additional $1,595.00 increases total cost of Sun Shelter Project to$16,475.00. YWhat Action AccompI''ll It Covers additonal materials and labor to construct Sun Shelter near the (T)extreme eastern end of pier. The original location of Sun Shelter was to be placed in middle of pier. Purchasing;Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ 3uitiiraiy 6pianatian19ac&g'r6urtdl 3 quotes were obtained for Sun Shelter Project. Coastal Contracting, Inc. was low quote at$14,880.00 and awarded bid. The original location for Sun Shelter was to be in the middle of pier, but after getting feedback from local fisherman and other pier operators the original location of Sun Shelter would intefere with pompano fishing. The Sun Shelter is being relocated near the (T)or eastern end of fishing pier. The relocation will cost an additional $1,595.00 for labor and materials. Fia:cal It»pat t/Cost sitnimary Exhibits Attached ' Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Airthorizedisignatures Submitted by Mark T. Felicetty Date 10/08/07 Department Director Kristen Jones Date 10/08/07 Assistant City Manager Colin Donnelly Date 10/08/07 HR Director Date Finance Director Patricia Varney Date 10/08107 City Attomey Thomas J. Ansbro Date 10/08/07 City Manager Ivan Pato Date 10/09107 City Clerk tse Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-200 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO APPROVE AN ADDITIONAL $1,595.00 FOR MATERIALS AND LABOR RELATED TO THE SUN SHELTER PROJECT BEING CONSTRUCTED BY COASTAL CONTRACTING, INC. ON THE DANIA BEACH PIER (ORIGINAL COST OF THE SUN SHELTER IS $14,880.00) FOR A TOTAL AMOUNT NOT TO EXCEED $16,475.00 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 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 Commission previously approved the Dania Beach Fishing Pier Sun Shelter Project to be constructed by Coastal Contracting, Inc. in the amount of$14,880.00; and WHEREAS, the City Manager has determined that it is necessary to provide additional funding for labor and materials to relocate and complete the Sun Shelter Project on the Dania Beach pier; 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$16,475.00 to Coastal Contracting Inc. for the construction of the Sun Shelter Project on the Dania Beach pier. 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#2007-200 CITY OF DANIA BEACH Agenda Item # ,. Agenda Request Database Date of Commission Meeting: 10/9/2007 Public Hearing ❑X Adopt Resolution ❑ Adopt Ordinance (1st Reading) X❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: NO ORDINANCE NO.2001-028 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,AMENDING CHAPTER 28 OF THE CITY CODE OF ORDINANCES,ENTITLED'ZONING',TO ALLOW OUTDOOR FRESH PRODUCE MARKETS AS ACCESSORY USES TO RETAIL USES WHICH PRIMARILY SELL UNPREPARED(UNCOOKED)FOODS,OR BEVERAGES OR BOTH AT RETAIL IN ALL C-DISTRICTS(COMMERCIAL DISTRICTS),THE TOD DISTRICTS(TRANSIT ORIENTED DEVELOPMENT DISTRICTS)AND THE TOC-1 AND 2 DISTRICTS(TRANSIT ORIENTED CORRIDOR DISTRICTS):PROVIDING FOR CONFLICTS:PROVIDING FOR SEVERABILITY;FURTHER PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Ordinance Public Hearing Notice Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Laurence Leeds Date Department Director Laurence Leeds Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ continued to: ❑ ORDINANCE NO. 2007-028 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28 OF THE CITY CODE OF ORDINANCES, ENTITLED "ZONING", TO ALLOW OUTDOOR FRESH PRODUCE MARKETS AS ACCESSORY USES TO RETAIL USES WHICH PRIMARILY SELL UNPREPARED (UNCOOKED) FOODS, OR BEVERAGES OR BOTH AT RETAIL IN ALL C-DISTRICTS (COMMERCIAL DISTRICTS), THE TOD DISTRICTS (TRANSIT ORIENTED DEVELOPMENT DISTRICTS) AND THE TOC-1 AND 2 DISTRICTS (TRANSIT ORIENTED CORRIDOR DISTRICTS); 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, FLORIDA: Section 1. That Chapter 28, "Zoning", Article 4, "District Regulations", Section 4.20, "Application of regulations" and Article 21, "Downtown Transit Oriented Development (TOD) and Transit Oriented Corridor(TOC)Districts" are amended to read as follows: ARTICLE 4. DISTRICT REGULATIONS Section 4.20. Application of regulations. • • SCHEDULE OF USE REGULATIONS CITY OF DANIA BEACH DISTRICT PURPOSE PERMITTED ACCESSORY SPECIAL USES USES EXCEPTION USES 1. Off-street parking and CA loading. 2. Accessory uses customarily incidental to the permitted or approved special exception uses. 3. Outdoor produce sales (fresh fruit, vegetable,plant and flower retail sales), accessory to a retail use which primarily sells unprepared (uncooked) food, or beverages or both, subject to the following conditions: a. Applicant to submit a plan showing the size and location of display and sale area. b. Display and sale area shall be setback twenty- five (25) feet from any lot line abutting a public street, shall not shall not be located within a driveway or drive aisle , shall not occupy more than two (2) parking spaces, shall not exceed a total area of two hundred (200) square feet and shall be maintained in a neat and orderly condition. 2 ORDINANCE#2007-028 c. Such uses shall be separated by at least 1,000 feet from any other such use. ARTICLE 21. DOWNTOWN TRANSIT ORIENTED DEVELOPMENT (TOD) AND TRANSIT ORIENTED CORRIDOR(TOC) DISTRICTS • • • Article 21.18 Use Table Zoning District TOD TOC-1 TOC-2 Use District District District Outdoor produce sales (fresh fruit, Y Y Y vegetable, plant and flower retail sales), accessory to a retail use which primarily sells unprepared (uncooked) food, or beverages or both, subject to the following conditions: a. Applicant to submit a plan showing the size and location of display and sale area. b. Display and sale area shall be setback twenty-five (25) feet from any lot line abutting a public street, shall not occupy more than two (2)parking spaces, shall not be located within a driveway or drive aisle, shall not exceed a total area of two hundred (200) square feet and shall be maintained in a neat and orderly condition. c. Such uses shall be separated by at least 1,000 feet from any other such use. • 3 ORDINANCE#2007-028 Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That this Ordinance shall take effect immediately at the time of its passage. PASSED on first reading on PASSED AND ADOPTED on second reading on , 2007. BOB ANTON MAYOR COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 4 ORDINANCE#2007-028 CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING NOTICE OF TEXT AMENDMENT TO CHAPTER 28,"ZONING" OF THE CITY OF DANIA BEACH CODE OF ORDINANCES The City of Dania Beach proposes to adopt the following ordinance relating to revisions to the allowed uses in all C-Districts,TOD,TOC-1 and TOC-2 Districts. AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,AMENDING CHAPTER 28 OF THE CITY CODE OF ORDINANCES, ENTITLED "ZONING", TO ALLOW OUTDOOR FRESH PRODUCE MARKETS AS ACCESSORY USES TO RETAIL USES WHICH PRIMARILY SELL UNPREPARED (UNCOOKED) FOODS, OR BEVERAGES OR BOTH AT RETAIL IN ALL C-DISTRICTS(COMMERCIAL DISTRICTS),THE TOD DISTRICTS SIT ORIENTEDOCORRIDOR RIENTED DDSTRIC S); PROEVELOPMENT VIDING SFOR CONFLICTS) AND THE ; PROVDINGDFOR ISEVERRABICTS LITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. A public hearing will be held at the following date,time,and meeting place: Date: Tuesday,October 9,2007 Time: 7:00 p.m.,or as soon thereafter as possible Place: City Commission Room Dania Beach Administrative Center 100 West Dania Beach Blvd. Dania Beach,Florida 33004 Yon E Pm �IIERSTIQE Me Mw,a.tw ye 6NFfM ND 7 t 6 � i City of Dania Beach Boundary Map n The above ordinance affects the entire area indicated in the above map. Copies of the proposed Ordinance are on file in the Office of the City Clerk,City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal business hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a ver- batim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act,persons needing assistance to participate in any of the proceedings should contact the City Clerk's Office, 100 West Dania Beach Boulevard, Dania Beach,Florida 33004,and(954)924-3623 at least 48 hours prior to the meeting. Lou Ann Cunningham Publish: Tuesday,October 2,2007 Planninq Associate CITY OF DANIA BEACH Agenda Item # Agenda Request Database Date of Commission Meeting: 10/9/2007 Public Hearing ❑ Adopt Resolution X❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2007-194 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE WAIVER REQUEST PERTAINING TO EMERGENCY GENERATOR(WA-54-07),SUBMITTED BY TANYA PIKER ON BEHALF OF HOMEOWNER MITCHELL J.SHOELSON,FOR PROPERTY LOCATED AT 5022 SW 40TH AVENUE,IN THE CITY OF DANIA BEACH,FLORIDA;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ WA-54-07: Request by Mitchell Shoelson, 5022 SW 40th Avenue, to waive generator setback requirements in order to install an emergency generator(Property located at Twin Oaks Townhouses on SW 40TH Avenue) NMI I Resolution Staff Report Location Map Application Backup Exxhibit 11 aExhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Laurence Leeds Date Department Director Laurence Leeds Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date OWN �y r Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-194 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE WAIVER REQUEST PERTAINING TO EMERGENCY GENERATOR(WA- 54-07), SUBMITTED BY TANYA PIKER ON BEHALF OF HOMEOWNER MITCHELL J. SHOELSON, FOR PROPERTY LOCATED AT 5022 SW 40TH AVENUE, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Section 8-175 of Article XH of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida, sets the requirements for installation of emergency generators; and WHEREAS, Tanya Piker on behalf of a homeowner Mitchell J. Shoelson, is requesting a waiver to install a propane generator and underground tank as follows: 1) Emergency Generator to be located in the front yard of a townhouse within 2.4 feet of the adjoining townhouse side lot line(Article 8-175, Chapter 8 requires a minimum 10 foot side yard setback); and 2) 500 gallon underground propane tank to be installed within five(5) feet of aside lot line (Article 8-175, Chapter 8 requires a minimum 10 foot side yard setback); pertaining to property located at 5022 SW 40"' Avenue, in the City of Dania Beach; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain request for waiver for installation of an emergency generator (WA-54-07), copy of which is attached and made a part of this Resolution as Exhibit "A" is approved. Section 2. That based upon the criteria set forth in Section 8-175 of Article XII of Chapter 8, of the Code of Ordinances of the City of Dania Beach, all approvals shall automatically expire and become null and void unless building permits are obtained on or before 12 months from the date of this Resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2007. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-I94 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT DATE: October 9, 2007 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director C , WA-54-07: Request by Mitchell Shoelson, 5022 SW 40th Avenue, to waive generator setback requirements in order to install an emergence generator (Property located at Twin Oaks Townhouses on SW 40 Avenue) The subject property is an interior townhouse unit, located on a private drive in Twin Oaks. Twin Oaks is a gated townhouse community located on the east side of SW 40th Avenue located north SW 51'Y Street. The property owner requires an emergency generator for health reasons. He proposes installing the generator in a 7' x 7.5' building recess near the front of his unit (see-attached plan). The code requires a 10-foot setback from the side lot line, which in this case in the common wall of adjacent townhouse. The property owner has provided less than 2 '/2 feet to the adjacent unit and only 3 feet to an existing window in his own home. Staff requested additional information from the generator company over three weeks ago relative to Building and Fire Code compliance. Staff did not receive this information until today (October 2). RECOMMENDATION Pending Fire Marshall and Building Official comments. I ff 7 �a ya a i m d e ,r r`M N 9 Y4 i E t i Lit �* 2� avow x i SY i" r a"'" i lo: Page 1 o12 2007-10-02 15.42:25(GMT) GENERATOR CONCEPTS From.Lawrence Reznik FAX COVER SHEET FAX NUMBER 19549222687 FROM Lawrence Reznik DATE 2007-10-02 15:42:03 GMT /—S6/ - $9ZLO2 99 RE Schoelson Variance COVER MESSAGE October 2, 2007 City of Dania Beach W1Y/ I�1111 Building Compliance Dept. LL11 {lC� ff:JJ Attn: Larry Leads 0 1 2007 C/o: Lou-Anne Tel: 954-9243640. Planning Department Re:Variance Application; Schoelson Residence. 5022 SR 40th Avenue Dear Sir, We would like to add the following information to our clients submittal. 1. All soffit vents within 10 ft of the generator position will be closed. 2.Carbon Monoxide detector to be installed in both the Schoelson and Neighbours residence. 3.Exhaust to be extended to be a min of 10 ft from residence. Please note that the generator is required as a life support for Mrs Schoelson due to her present health condition and as supported by her Doctor' s letter attached in the original submittal. The HOA as well as the neighbour has given their permission to have the generator installed. The noise level of the Briggs and Stratton 15kw unit is well below the State' s 74db level regulation. GET FREE ONLINE FAX DELIVERY FROM eFAX WWW.EFAX.COM To: Page 2 of 2 2007-10-02 15 4225(GMT) GENERATOR CONCEPTS From:Lawrence Rezmk We respectfully request that this document be added to our clients submittal and that the application is given the con¢nittees approval. Sincerely, Lawrence Reznik CEO Generator Concepts F.B.O Mr and Mrs M. Schoelson GET FREE ONLINE FAX DELIVERY FROM eFAX WWW.EFAX.COM City of Dania Beachr Florida Department of community Development Planning and Zoning Division (954) 924-3645 General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use AmendmentU Plat ❑ Plat Delegation Request ut �,{',; �• Q �\\\\p l ❑ Rezoning 5tl' 1 1 2007 Date Redd: ❑ Site Man Petition No.:`I`A ,`1►1 - ❑ Special Exception ❑ Special Request Nanning ❑ Trafficway Waiver ;',!"arh$ lent 9 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: 502Z Sk,J 40 kue+lye IAe ^cl I Lot(s): Block: Subdivision: Nc �.�keL i,d Recorded Plat Name: sett" Folio Number(s): �D6-ua-3k-�6-0\l0 Legal Description: A lira Consultant/Legal Representative(circle one)—I , "' C' Address of Applicant: Business Telephone�� -�c� -33 lme: Fax: Name of Property Owner: tAikl.cil 56451•1 Address of Property Owner: So'n SW qo Ayr f, PoA;* Ae4J, I-L Business Telephone: Home: `���-g2Y- 4S Fax: Explanation of Request: Q "wl Ste prop. Net Acreage: Gross Acreage: Prop. Square Footage: /�F1c d t f�tpi�tnCf Existing Use: 2 atlf ( Proposed Use: S .1�JtJ,..�lly Is property owned individually, by a corporation,or a joint venture? ^ I understand that site plan and variance approval automatically expires within 12 771= pproval, pursuant to Ordinance No. 2005-040. i i ol anti« Y'l k Applicant/Owner signature Print Name Date APPLICANT,CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Swom to and subscribed before me Applicant/Consultant/Representative: This day of �2od� Signature: _ Date: v \ �TZ CiC ' Public (Print Name) State of #FCC, Print Name of Notary Street Address, City, State and Zip Code Comm l\ussiOA2tY _3p5 `1r1 Seal: *Cornmlisslon Lawence ReznikTelephone No. &Fax No. #DDS31600 Expires: MAR. 22, 2010 INDMDUAL 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) rA " A Cade' 32! to make and file the aforesaid application. Sworn to and subscribed before me"`� owner: /l t This \ day of lu,lv@0 , Signature Date:Q l 17 II 1� ( Ti S is �rL 4av Sign Name o ry Public (Print Name) State of( F,de,v^ ) Print Name of Notary Street Address, City, State and Zip Code 3121\ �, ,-I � C� Commission Expires: Seal: ',)fARY PUBLIC-STATE OF FLORIDA elephone No. ✓A Fax No. Lawrence Reznik Commission#DDS31600 Bonded Thhm Atlantic Bondingco.,oincc.. Criteria Statement — Variance: Back-up Generator The requested variance is for a 12kW back-up generator and accompanying liquid propane tank installation. The residents are an elderly couple with extenuating medical circumstances (see enclosed doctor's note) that require constant power to the house to insure their safety. They belong to a home owner's association which readily approved (see enclosed letter) the proposed location of the liquid propane tank, which is 3 feet onto the common property shared among the town-houses. Their next door neighbor, whose townhouse adjoins theirs, has a zero lot line on the adjoining wall, within 3 feet of which the generator must be placed as there is no room in the client's back yard. This is the only possible location in the front yard. The next door neighbor's written consent to this arrangement is enclosed. All other codes shall be strictly adhered to. To address the specific concerns of Article 10 Section 13: A. The special conditions are the closely-packed town-home arrangement with a large common area. B. These conditions are not free actions of the applicant. C. Granting this variance will not confer greater privilege on the residents than any of the single family homes in the area currently enjoy. D. Undue hardship of an urgent medical nature has been cited. E. This is the absolute minimum variance necessary for the installation. F. All concerned parties (neighbor, home owner's association) have consented and as such this variance would not be injurious to them. MEN n SEP 1 1 2007 Planning nC Pa t \lent . r V r win Oaks 5000 South West 4& Avenue Dania Beach,Florida 33314 May 16, 2007 Dear Mr. and Mrs. Shoelson, This correspondence is in reference to your request to install a Home Generator System. At this time the Board is granting approval for the installation of the generator system and burying the propane storage tank in front of your unit on common area. Please provide the Board with a copy of the permit when it is obtained. m3@397 D StN 1 1 7007 Pr�,nrong Qepart,\.ent Sincerely, The Board cCOQ� c ``�� 0 To whom it may concern, 05/11/2007 I 1,Tomer Shahamorof,the owner of 5024 Sw 40 Ave,Dania Beach,33314, agree to my next door neighbor. Mr. Shoelsou Mitchell at 5022 SW 40 ave,Dania Beach,33314 to install a generator in our property line wall. I I i, I Sincerely, Tomer Shah nD SEP 1 1 7007 9� part� .end I o4L4L LO LL JBA Ld - WA-54-07 IMPORTANT CORRECTED NOTICE CITY OF DANIA BEACH COURTESY NOTICE NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on Tuesday, October 9, 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: WA-54-07 - Request by Tanya Piker, on behalf of homeowner Mitchell J. Shoelson, for a wavier from Section 8-175 (Emergency Generators) of Chapter 8, Article XII, to install a propane generator and underground tank at 5022 SW 401h Avenue, subject to building and fire requirements, as follows: 1) Emergency Generator to be located in the front yard of a townhouse within 2.4 feet of the adjoining townhouse side lot line (Article 8-175, Chapter 8 requires a minimum 10 foot side yard setback.) 2) 500 gallon underground propane tank to be installed within five (5) feet of a side lot line (Article 8-175, Chapter 8 requires a minimum 10 foot side yard setback.) 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: Tuesday, October 2, 2007 See reverse side of this notice for a location map of the site SHEET 2 OF 2 G.itjLZ L :.� t.,s.. SLP 1 1 2007 plan ifig NORTH 30.0(R)(M) Department ,io F.N J.O: unu d\ j f &1 23.80' ON PL. e N \' cry O N O N O� qzl f0 O� (p Oto y2 O 9 "2 to y2 8.40 Q) OVi W � ON PL.^ ON PL. g 7.60' o g e 15.70' °° o j 8.70' .r F.LP NOR Tf I 30.0'(R)(M h 10' PWY Fh � N N y ' ea' PA. PM+K h . .N SW 40th.. A_ IiE 18' ASPHALT PAVEMENT—� NORTH (BASIS OF BEARING) THOMAS J. KELLY , INC. LB # 6486 SURVEYORS—MAPPERS—LAND PLANNERS 8125 SW 120 STREET PINECREST, FLORIDA 33156 (786) 242-7692 DADE (954) 779-3288 BRWD (786) 242-6494 DADE FAX (954)779-3260 BRWD FAX DATE MELD WORK SCALE SURVEY N0. 09/21/2006 1'-20' 06-5384 LEG€ND OF SURVEY ABBREVIATIONS Shoot 1 Of I'1 A.....ARC DISTANCE AIC....AIR CONDmONING CBS...CONCRETE BLOCK Sllffl) BLE Now...NMIONAL GEODETIC VERTCAL DATUM C c.....CALCULATED CA......CATCH BASIN MULL_.OVERHEAD UTE.RY LINE PAC...POINT OF REVERSE CURYATURE FL960 ZONE: AE CL....CLEAR CA.....CENTER LINE P.c.c...P OFcohIPdIW)cuR RAD...RADIAL THIS I5 A FLOOD ENC...ENCROACHMENT P,C.....PONIf OF CURVATURE P.O.c...mwm cOMMENCw RAW..JIbHy OFWAY HAZARD ZONE FOP....FOUND mom PIPE P.O.B...FDIHT of SEONNmo SLOG..BUILDING BBC...SECTION _THIS IS NOT A FLOOD O.N....OVER HANG KIA....WATER METER C.H.....CHORD ORMANCE SCR...sCRE D HAZARD ZONE P.S....PLAT Book M.....MEASURED DM....DRAINAGE EASEMENT SJ.P.....BETIRONPIPE PANEL NO.% 302/F PA....PROPERTY LINE CONC..CONCRETE F.H.....FIRE HYDRANT FAX..AKOE K COMMUNITY#: 125093 UP...ImLM POLE fo.....FOUND R.....RADIUS U.S.....unrrr EwxrENT DATE OF FIRM: 10/02/1997 CHL➢.....CHAIN LINK PENCE BASE FLOOD: 8.00 CERTIFY TO: FIN25H FLOOR: ELEV Mitchell 4 Nina Shoelson LOWEST CERT Action Title Company ADJ GRADE Commonwealth Land Title Ins. Company Financial Freedom Senior Funding Corp, A Subsidiary Of Indymac Bank, Fsb Its Successor And/Or Assign LEGAL DESCR :��r � (� Lot: SEEE LEGAL LEGAL UT:wYU Block: Subdivision: According to the Plat thereof as recorded in Plat Book: Page: ' Public Records of BROWARD County, Florida. ADDRESS: 5022 SW 40 AVENUE FORT LAUDERDALE , FL 33314 j Encroachments Noted: LOCATION SKETCH Q SCALE: NTs P.o.B. EAST 356.86'(R)(M) �S o) 0 d w r M O N (O O NOTES: Z A) AN n.msOmF.eOei.r.O:m.a Now.f..MOm Mnm e.of epw.n,moss. Fmom memnhl, by wml Name. Lo/.l wmnhq of f.nm.W eooreMed. B)ThM wt y k Int.M.d for m.myom w toll .mommm ety saaMN.iy fee use%4 .by Now.to ahmn Is P•O•C. wrflflad.TMx sm.ey k toot to b.meJ fee rewn Hoc, "n,N N:P,".I"m.M etMr�.e11hW on"..mn- s.w of Theme J. Poll I", S W CORNER c3 c.d.nme,J. .aa t�IM me.h.,.W nrMat.e, b)Mh. ate 77?ACT 11 D7 TM F RERN Mfwm.Hm.been Mr.m dam W Imply Hoot Not nf.nn.M Pw.rty Oil w ON W be fm Unit C Cluster 3 of Twin Oaks Villas of Broward County. That part of fnm Roollg wdAslse.anti dos mt e..t.?U611Ny Tract 10, Block 2 of THE SUBDIVISION OF SECTION 31, TONNSHIP 50 m eM yaM N too Flom,to,oMhwo w.so".yo teof. SOUTH, RAHOE 41 EAST ME r...rded in Plat Book 2, Page 32• of the fee osY ee..P.iW,welt.fr.al mllew Asmld Public Records of Dade County, Florida, described a. follow: MfeemMn. From the Southwest corner of Tract 11 of said Block 2, run on an E) The LW dsmco Im.m mn eawpd PsaM .ad bearing of North 06 degrees 20 minutes 43 ..condo East, along MEd dM.'Whoo Asti,.sole At to no*As the Nest line of said Tracts 10 and 11, a di.tance of 1110.09 feet; emn9f HH..m mad.wlglMd thence duo East 356.06 feat to a Point of Beginning; thence North 30.00 feet; thence East 66.00 foot; thence South 30.00 feet; thence P) Undotowol e—..lemon,If mot.Wlwttl. Nest 66.00 feet to the Point of Beginning. I hAs.by tadlfy toot too io^ rap..mM ASTF eMMwm torim,ml.hm.f�.yet Said land. sit..t., lying and being in Hro..rd County, Florida ft Is 6Ntold.ABootet�noti.= THOMAS J. KELLY, INC. .472Off No atones. L.B. #6486 SURVEYORS-MAPPERS-LAND PLANNERS P.S.6 1A.#4858 8125 SW 120 STREET PINECREST, FLORIDA 33156 too"lYDYtITN ANYOtu'f B[AL (786) 242-7692 DADS (954) 779-J288 BRWD NOTES, 1. IF SHOWN.SFARIN6 ARE TOM ASSUMED (786) 242-6494 DADE FAX (954) 779-3260 BRWD FAX MERIDIAN(BY FLAT). t/ E. IF SHOWN,e.NATION6 An REFIRED N.6.V.D 19E9. DATE FIELD WORK SCALE SURVEY NO. 3, TMf I6 A WUIDARY WPM. D9/21/20D6 1n - 1 _ �Z'' 06-5384 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT SUPPLEMENTARY BACKUP OCTOBER 9, 2007 CITY COMMISSION MEETING DATE: October 9, 2007 TO: Ivan Pato, City Manager Mayor and City Commission FROM: Laurence Leeds, AICP, Director — SUBJECT: SUPPLEMENTARY BACKUP: AGENDA ITEM 9.2 Request by Mitchell Shoelson, 5022 SW 401h Avenue, to waive generator setback requirements and exceed maximum storage tank size (Property located at Twin Oaks Townhouses on SW 40TH Avenue) Attached is the site plan of the proposed generator. The generator is located in a 7' x 7.5' building recess in the front of Mr. Shoelson's townhouse. The 500-gallon underground storage tank is located five feet from the home. The applicant's contractor has not yet contacted Building and Fire re their requirements. Building and Fire comments will be presented at the City Commission meeting based on information provided thus far. Sean Brown, Fire Marshall (w/attachment) AMIMIL Kristen L. Jones, MS !06//' Director, Parks and Recreation 100 West Dania Beach Blvd. Dania Beach,FL 33004 on Phone: 954-924-3730 Fax: 954-924-3629 kjones@ci.dania-beach.fl.us TO: Mayor and Commissioners FROM: Kristen L. Jones, Director Parks and Recreation DATE: October 1, 2007 SUBJECT: Parks & Recreation Administrative Trailer I am advising Commission that we will be disposing of the Parks &Recreation Administrative Trailer and replacing with a brand new playground on existing site with the money awarded from FRDAP Grant. The removal & disposal of trailer is necessary due to rodent infestation, and an air conditioning system which continually requires maintenance and is often down for days at a time. Furthermore the structural integrity of trailer would not withstand a relocation attempt, nor has any other department expressed interest or need for the trailer. Once trailer is deemed surplus property by resolution we will proceed with disposal. Cc: Ivan Pato, City Manager Colin Donnelly, Assistant City Manager Kristen L. Jones, MS Director, Parks and Recreation 100 West Dania Beach Blvd. Dania Beach,FL 33004 Phone: 954-924-3730 Fax: 954-924-3629 kj ones@ci.d an ia-beach.fl.us TO: Mayor and Commissioners FROM: Kristen L. Jones, Director Parks and Recreation DATE: October 1, 2007 SUBJECT: Roller Hockey Rink Our existing Roller Hockey Rink at Frost Park is not being utilized by any roller hockey leagues or the public for open skating. We already have existing lights and the existing courts complete with fencing. We would leave the existing panels up for an additional safety element. Sports Court Inc. has submitted a proposal to convert the existing rink into a multi-game court and running track using their patented Ortho-Cush technology game flooring. By applying this surface to our existing rink, we would be expanding the amenities at Frost Park by adding an additional full court basketball court, volleyball court, and a 1/8 mile running track. Sports Court Inc. has offered to help raise $15,000.00 to pay some of the costs associated with the conversion with corporate banner sales as well as donate part of the courts vs. demolition and replacing with grass. The city invested over$30,000.00 for the perimeter boarding around rink and would incur a$65,000.00 demolition cost with re-sod and irrigation. The total cost to convert into the multi-game court would be $75,000.00. The $15,000.00 in sponsorship banners would lower the city's cost to $60,000.00. Some of the key features of converting to the Ortho-Cush Flooring are the reduction of injuries. This surface is shock absorbing, heat resistant and non slip. The surface also has a 10 year warranty and requires minimum maintenance. Sports Courts has a tremendous selection colors and styles. A copy of what our future courts will look like is in your presentation folders. They have been the industry leader in game courts since 1974 serving the entire country. The total time for completion would be 4 weeks from execution of contract. Cc: Colin Donnelly Cc: Ivan Pato, City Manager CITY OF DANIA BEACH lk A- 3 DEPARTMENT OF FINANCE MEMORANDUM TO: Mayor & Commission Memo: DFA-07-28 VIA: Ivan Pato, City Manager FROM: Patricia Varney, Director of Finance DATE: October 2, 2007 SUBJECT: Security System for Parks During the FY 2008 budget hearing, Commission directed staff to obtain an updated purchase amount instead of a monthly lease amount from United Security Alliance Inc. for the security surveillance system. I have received confirmation from Bob Hupp, the National Accounts Manager, that the purchase price on the April 2, 2007 quotation still stands. He also confirmed that this purchase amount includes maintenance of the equipment. The monitoring service will be performed by Broward Sheriff's Office; discussion with regard to this project has already been conducted with Detective Richard Tarrant. As of August 31, 2007, the Law Enforcement Trust Fund held by Broward Sheriff's Office is $140,990.34. Customarily in the past the City also utilized this Fund to help fund the after school and summer programs for expenses that are not covered by the Children Services Grant and/or Cops Grant. The funding required each year is approximately $25,000 for both programs. The Law Enforcement Trust Fund held by the City as of August 31, 2007 is $44,074.16. Total available balance between both parties is $185,064.50. Staff recommends at least two years worth of matching requirements (which is approximately $50,000) reserved for after school and summer camp program. Remaining available funds for the security systems for the parks is approximately $135,064.50 The priority for the purchase as recommended by the Director of Recreation is as follows: 1. C.W. Thomas Park: $58,040.20 2. P.J. Meli Park: $49,195.98 3. Frost Park: $55,000.00 Oct 01 07 08: 42a Peoples Gas Item #11.4 Additional Backup Information Heritage Sales & Service Proposal Herita e PROPANE PROPANE CUSTOMER INFORMATION: JOB LOCATION: Amrsc City of Dania Reach/Public Safety Facility No.k93 4601 S.W.30th Avenue Andrea 100 West Dania Beach Dania Bch.F1, [Dania Bch„R 33004 CgnWCp3upBM9pRobert McDonald 954-563-6225 954 )21-0959 Mike Fex 954 9210959 M1ke r''�`�"''^^'"1 - Phune PmmN App,Debngap.Requeu D01B' W nag%mlyjhgCO I tlOn Of: inet9bt•ndlwo glom gaN nelml andopground,ndudrp sauvatrn and baceflling,edrlrg finks and cableue doans'neerted an,.und,09411AG,anodoyusl nblbnorlblowtanlgwwde dean film WC urrountlingtark ll dllremovNnira,eeuseeMp duetn rocks.Run rlew al eahene high preswmservee lMe3r4'Il uncle round@ a onat ll'laercodr,run b ial gas rapeana ijar,geoaee,—dab•vegas line. $I anMeless dxrs at talk antl riserl°caeon bxk011 aheriwgb lmpe,di,Se,fil and!se[md Rage regWaWrlaltank Md Will br penlea[or6ndWei secirnent trap[e9 reeand main slwtcH°°ckvalve Te to exrsC ,rq hovelnelprosddeb"Wlo,maamrlowWessure ade.Orgp.1014-wk For tp nor.dredung Wa4 gas line Ill,lo,tagfor aropeotiorn final turn of gas.ven requblprs if needed D eTANK(S),CYL.AND OTHER EQUIPMENT LCIASE A LOCATt9N PROPOSAL SUMMARY Size(s)1000 Q ' G© U/G ZZ�Appliancsee; "."W Size(s) Q G U/G arts A Materials dsaoo Tank/Cylinder Leased Amt. 9s_fL rhg Illed Annual l7 Qtrly.0 Gas System Check/Othe d,upl.al ssno-- "— Customer Owned Be Amount d>10L0 (ping-High PSI Exterlo 30" Equip.Lease De "' erm •Na mt.$ Piping-Low PSI Interior[ -iana0 - APPLIAN�C -- NosoLgropsPi va Leas �moum4 a ulators ' m OST GAS PIPING Second In e R WMtr = artrsemcechg gs rid Range l7 Q yP lz bo ta0p00 .. PooUSpa CorrLg rfoot S 1A Gas Log 0 Iz aXngogalmm@:45 per gad^n+ 00dal,cl 4710.00 Dryer Cost per foot ermit Fe Nl 0 BBO CZ7the a'gg•neramr B.T.U.Loa OTAL --- h4se4m 'Proposal only-separate contract lease agreement A work order invoice required. Electrical to be performed or subcontracted by: Contractor QEOWner la Heritage propane ( Cost$ ° Plumbing to be performed or subcontracted by: Contractor dx Owner EMIRerftagepro -- -Uos1$ 0 Gas Venting to be performed by: Contractor ElOwner ElHeritapPrvpsne C1Cos1 '. --- Appliance p PRICE PER GALLON QUOTED =,.Sgannn , PRICE SUBJECT TO ESCALATION AND DE-ESCALATION. !atteptante of Vropogal The above prices,specifications and conditions are satisfactory and hereby accepted.You are authorized to do the work as specified.Any alteration or deviation from the above specifications involving extra costs will be executed only upon written order,and will become an extra charge over and above estimate.Payment terms:Net 10 days.Due and payable in full 10 days from delivery and/or service unless specified otherwise.All agreement contingent upon strikes,accidents,or delays beyond our control.All material is guaranteed to be as specified,and the above work is to be performed in accordance with the drawings and specifications submitted. The t manlike m n r i [- ♦ y LAG .._. - - - — - -- ...._..... ._... - aCCOrd'drlre,VL1lth Na-pee rj4 Q JN,for the$if(n a foVPtEEN RI(HAMDFNE FUNPPED EIGHP'FOUR UOttARS OM100. Dollars( 14,581.0o - Date_SOMM7 Signatur Sales Representativ DENS ROSE-are.manage, Service Oisiric g" CALL US FOR INFORMATION AND QUOTATIONS ON ALL YOUR GAS APPLIANCE NEEDS. HERITAGE PROPANE 2700 SW 2nd Avenue Ft. Lauderdale, FL 33315 954-527-1511 DADE: 305-947-7537 America's Propane Company ' �n (DISTRICT OFFICE) CONTACT PERSON PHO /' loJOB eTE TO: ' I ADDRESS: 6 L�G(�f 6 Ci WE ARE PLEASED TO SUBMIT THE FOLLOWING PROPOSAL: �- /oo o Lz-" 07 he a�u Q cLCe�Z c e� /`�a O 00 Jv i p l44 /0> CIF F @Gu LC �` /� , •S/ sD C!X cc-,; a p f� oa - �"b SUBMITTED BY if TITLE FORM tt NIK-3-S-3 SEE REVERSE FOR TERMS AND CONDITIONS CUSTOMER L __