HomeMy WebLinkAbout2023-10-10 City Commission Meeting - Agenda PacketAGENDA
DANIA BEACH CITY COMMISSION
REGULAR MEETING
TUESDAY, OCTOBER 10, 2023 - 7:00 PM
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS
MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT
COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE
CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL TWO HUNDRED FIFTY DOLLARS ($250.00)
REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE:
WWW.DANIABEACHFL.GOV. (ORDINANCE #2012-019; AMENDED BY ORDINANCE #2019-019)
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN
ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA
BEACH, FL 33004, (954) 924-6800 EXTENSION 3624, AT LEAST 48 HOURS PRIOR TO THE MEETING.
IN CONSIDERATION OF OTHERS, WE ASK THAT YOU:
A. PLEASE TURN CELL PHONES OFF, OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE
ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING.
B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN
ORDER NOT TO INTERRUPT THE MEETING.
DECORUM POLICY FOR MEETINGS OF THE CITY COMMISSION
OF THE CITY OF DANIA BEACH, FLORIDA:
INDIVIDUALS WHO WISH TO MAKE ANY “CITIZEN’S COMMENTS” UNDER THAT PORTION OF THE CITY COMMISSION
AGENDA, OR WHO OTHERWISE WANT TO ADDRESS THE CITY COMMISSION, MUST FIRST BE REGISTERED WITH THE CITY
CLERK (FORMS ARE AVAILABLE OUTSIDE OF THE CITY COMMISSION CHAMBERS AND MUST BE GIVEN TO THE CLERK
BEFORE THE MEETING). OTHERS WHO WANT TO ADDRESS THE COMMISSION ON ANY MATTERS MUST FIRST BE
RECOGNIZED BY THE MAYOR. ALL SUCH PERSONS MUST USE THE PODIUM IN THE COMMISSION CHAMBER. NO MORE
THAN ONE PERSON AT A TIME MAY ADDRESS THE COMMISSION FROM THE PODIUM. COMMENTS ARE ONLY TO BE MADE
TO THE CITY COMMISSION AND ARE NOT TO BE DIRECTED TO THE AUDIENCE OR CITY STAFF.
NO INDIVIDUAL SHALL MAKE ANY SLANDEROUS OR UNDULY REPETITIVE REMARKS, OR ENGAGE IN ANY OTHER
FORM OF BEHAVIOR THAT DISRUPTS OR IMPEDES THE ORDERLY CONDUCT OF THE MEETING, AS DETERMINED BY THE
MAYOR. NO INDIVIDUAL MAY SPEAK DIRECTLY TO OR ADDRESS THE MAYOR, CITY COMMISSIONER OR CITY STAFF:
COMMENTS ARE TO BE ONLY DIRECTED TO THE COMMISSION AS A WHOLE. NO CLAPPING, APPLAUDING, HECKLING OR
VERBAL OUTBURSTS IN SUPPORT OF OR OPPOSITION TO A SPEAKER OR HIS OR HER REMARKS SHALL BE PERMITTED. NO
SIGNS OR PLACARDS SHALL BE PERMITTED IN THE COMMISSION CHAMBER.
IF ANY PERSON’S CONDUCT AS DETERMINED BY THE MAYOR IS FOUND TO BE DISRUPTIVE OR INTERFERES WITH
THE ORDERLY CONDUCT OF THE MEETING, THE PERSON MAY BE ASKED BY THE MAYOR TO LEAVE THE COMMISSION
CHAMBERS; IF THE PERSON DOES NOT LEAVE AND THE CONDUCT PERSISTS, THE CITY POLICE DEPARTMENT WILL BE
REQUESTED TO ESCORT THE INDIVIDUAL FROM THE CITY COMMISSION CHAMBERS.
ALL CELLULAR TELEPHONES ARE TO BE SILENCED DURING THE MEETING. ALL PERSONS EXITING THE COMMISSION
CHAMBER SHALL DO SO QUIETLY. (RESOLUTION #2020-032)
1. CALL TO ORDER/ROLL CALL
2. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE
3. PRESENTATIONS AND SPECIAL EVENT APPROVALS
1. Special Event Request - 17th Annual Dania Beach Vintage Motorcycle Show - Parks
and Recreation
2. Special Event Request - Dania at Planet RV - Parks and Recreation
Agenda – Dania Beach City Commission
Tuesday, October 10, 2023 - 7:00 PM
Page 2 of 4
4. PROCLAMATIONS
1. Cybersecurity Awareness Month - IT Department
2. Retroactive Proclamation Approval - Mirabella Bove - 10-03-2023 - Sponsored by
Commissioner Salvino
5. ADMINISTRATIVE REPORTS
1. City Manager
2. City Attorney
Direction to Draft Agreement Regarding Installation and Maintenance of 5K Markers by
the City Along Dania Beach and the City of Hollywood Walking Paths
3. City Clerk - Reminders
- October 24, 2023 City Commission Meeting - 7:00 p.m.
6. PUBLIC SAFETY REPORTS
7. CITIZENS' COMMENTS
Addressing the Commission: A thirty (30) minute "Citizen Comments" period shall be designated on the agenda for citizens and interested
persons to speak on matters whether or not scheduled on that day's agenda. Individuals wishing to speak on a matter not included on the
"Public Hearing" section of the agenda, which matter pertains to an item before the City Commission which requires a decision of the City
Commission, may do so by signing in and submitting a form to that effect with the City Clerk prior to the meeting. Speakers at Public
Hearings shall also submit such a form. Each speaker shall be limited to 3 minutes for his or her comments. If more than ten (10) speakers
express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen
comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time
shall not be transferable to another speaker.
8. CONSENT AGENDA
1. Minutes:
- September 20, 2023 - Final Budget Hearing Meeting Minutes
- September 26, 2023 - Regular City Commission Meeting Minutes
2. Travel Requests:
Request from City Manager Ana M. Garcia to Attend Legislative Meetings in Tallahassee,
Florida on November 6 - 8, 2023. (Estimated cost $1,231.20) - City Manager
3. RESOLUTION NO. 2023-_____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, REQUESTING APPROVAL OF THE BROWARD COUNTY PUBLIC
Agenda – Dania Beach City Commission
Tuesday, October 10, 2023 - 7:00 PM
Page 3 of 4
TRANSPORTATION AGENCY SAFETY PLAN (PTASP); AUTHORIZING THE
CITY MANAGER OR DESIGNEE PERFORM ADMINISTRATIVE UPDATES AND
APPROVALS TO THE PTASP; PROVIDING FOR CONFLICTS AND FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.(Public Services)
4. RESOLUTION NO. 2023-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, PROVIDING FOR APPROPRIATION OF FUNDS FOR FISCAL YEAR
2022-2023; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (Finance)
5. RESOLUTION NO. 2023-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A
PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF DANIA BEACH
AND RODNEY B. HARRISON FOR THE PURCHASE OF 148 NORTH FEDERAL
HIGHWAY, DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (City Manager)
9. BIDS AND REQUESTS FOR PROPOSALS: None.
10. QUASI-JUDICIAL HEARINGS: None
11. FIRST READING ORDINANCES
1. ORDINANCE NO. 2023-______
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REQUEST MADE BY THE CITY OF
DANIA BEACH TO REZONE PROPERTY LOCATED AT 100 NW 8 AVENUE,
DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT “A”;
CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY
FROM NEIGHBORHOOD RESIDENTIAL (NBHD-RES) TO OPEN SPACE (OS)
(APPLICATION NO. RZ-074-23), SUBJECT TO CERTAIN RESTRICTIONS; AND
AMENDING THE CITY’S ZONING MAP TO REFLECT THE REZONING OF THE
PARCEL, AS REFLECTED IN EXHIBIT “B”; PROVIDING FOR CODIFICATION,
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development)
2. ORDINANCE NO. 2023-______
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF CITY FUNDS
Agenda – Dania Beach City Commission
Tuesday, October 10, 2023 - 7:00 PM
Page 4 of 4
EXCEEDING ONE MILLION DOLLARS ($1,000,000.00), WHICH EXPENDITURE
IS NOT TO EXCEED ONE MILLION SIX HUNDRED THOUSAND DOLLARS
($1,600,000.00) FOR THE PURCHASE OF 148 NORTH FEDERAL HIGHWAY,
DANIA BEACH, FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (City
Manager)
12. SECOND READING ORDINANCES
13. DISCUSSION AND POSSIBLE ACTION
1. Call to Artist Finalist - Community Development
2. Feeding South Florida - Sponsored by Commissioner James
14. APPOINTMENTS
15. COMMISSION COMMENTS
1. Commissioner Davis
2. Commissioner James
3. Commissioner Salvino
4. Vice-Mayor Lewellen
5. Mayor Ryan
16. ADJOURNMENT
City of Dania Beach
Parks & Recreation Memorandum
DATE: 10/10/2023
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Eric Brown, Parks & Recreation Director
SUBJECT: Special Event Application Request for the 17th Annual Dania Beach Vintage
Motorcycle Show scheduled for Saturday, January 27, 2024
Request:
A special event is requested by the City of Dania Beach and Dania Beach Lions Club to host the
17th Annual Dania Beach Vintage Motorcycle Show on Saturday, January 27, 2024, from 10 a.m.
to 5:00 p.m. The set-up for this event will begin on Friday, January 26, 2024, from 8:00 a.m. to
6:00 p.m. The breakdown will begin on Saturday, January 27, 2024, from 5:01 p.m. to 8:00 p.m.
The requested event will be held at Frost Park located at 300 N.E. 2nd Street, Dania Beach, FL
33004.
Background:
This event is in its seventeenth year of celebration. The event boasts live music, vendors, food, over
250 vintage motorcycles 35 years and older, an antique bicycle display, a bike parts swap meet,
roller derby girls, a kiddie play area, a dealer display, and so much more for the community to take
part in.
Budgetary Impact
The special event application fee is not applicable as this is a City city-collaborated event.
This event is budgeted for FY2024 in the Parks & Recreation General Account 001-72-09-574-48-
10.
Recommendation
The applicant will pay for the necessary services recommended below.
It is recommended that the City Commission Approve the Special Events Application request in
whole with compliance of the conditions noted below:
Staff Comments/Conditions
BSO Fire Dept. – Fire Prevention Officer
Zipoli
BSO Fire Marshall Report (see attached)
with applicant’s signature. This event is
approved with conditions. Specifically, a
fire inspector will be required to conduct a
fire inspection once the event is set up for
fire and life safety hazards. District Chief
Pellecer will advise on the medical detail
unit, which given the estimated crowd, will
most likely be required. No further
concerns raised.
BSO Police Dept. - Lt. Cooper Recommendation: 6 special detail deputies.
BSO Special Detail Office: 954-831-8199.
No further concerns raised.
Code Enforcement - Eric Walton No concerns raised.
Parking Enforcement – Barbara Urow No concerns raised.
Community Dev. (Building) – Jack
Fisher
Building required for this event. Plumbing
for Port-A-Potties and gas grills. No further
concerns raised.
Community Dev. (Planning & Zoning) –
Viviana Claudia Batista
The applicant has provided the letter of
authorization for parking and Zoning
received & approved. The 30 (10 x 10)
tents should be spaced 3 feet apart. No
further concerns raised.
City Attorney – Eve A. Boutsis No concerns raised.
HR/Risk Mgmt. – Linda Gonzalez The COI “conditionally” approved by the
COI Review Team stating: “The liquor
license for the draft truch must be provided
two (2) weeks prior to the date of the
event.” The liquor license must be provided
on or before Friday, January 12, 2024 to the
Risk Department for review and approval.
No further concerns raised.
Parks & Recreation – Eric Brown Parks & Recreation has coordinated on-site
meetings for reoccurring Tuesdays at 11
a.m.: January 9, January 16, and January
23, 2024 with the Review Team and
applicant(s) for event and field preparation.
No further concerns.
Public Services – Fernando Rodriguez No concerns raised.
City of Dania Beach
Parks & Recreation Memorandum
DATE: 10/10/2023
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Eric Brown, Parks & Recreation Director
SUBJECT: Special Events Application Request from Kelley Johnson to host “Dania at Planet RV”
scheduled for every day of the month beginning Friday, January 5, 2024, through Sunday,
December 29, 2024.
Request:
A Special Event approval is being requested by Kelley Johnson on behalf of RV Sales of Broward to host
“Dania at Planet RV” every Friday, Saturday and Sunday of the month beginning Friday, January 5,
2024 through Sunday, December 29, 2024. Each event will be approximately five to eight hours long, see
attached program of events proposed.
Background:
The requested events are proposed to be held at Planet RV located at 2051 Griffin Road. The event
will have cars, jet skis, boats, and motorcycles on display, an art show, wine tasting, movies and popup
shops from a variety of vendors. These events will also include alcohol sales and music from live
bands / DJ’s . The expected maximum attendance is 250 patrons with a sustained attendance of 100
attendees per event.
Department Review:
Comments:
BSO Fire: Fire Prevention
Approved with conditions
Building Official
Building, Plumbing and Electrical permits required
City Attorney
No issues
Code Enforcement
No issues, made applicant aware of temporary sign code
Sec. 505-160
Planning & Zoning
Application needs to indicated closest residence is 855 feet
away, no further issues
HR / Risk Mgmt-
No response
Parks & Recreation
No issues
Public Services
No issues
BSO Police Dept.
2 special detail deputies were recommended for
events due to the alcohol sales and expected attendance
Budgetary Impact
Budgetary Impact
The special events application fee for this event is $300.00.
Recommendation
The Parks & Recreation Department is recommending that the City Commission approve the special events
application request with the conditions noted above.
WHEREAS, the digital age has brought unprecedented benefits to our society, transforming the way
we communicate, work, learn, and play, while also introducing challenges to our security; and
WHEREAS, the City of Dania Beach recognizes the vital role that cyber security plays in the continued
prosperity and growth of our community; and
WHEREAS, maintaining the security of cyberspace is a shared responsibility, for which every individual
and organization has a crucial role to play; and
WHEREAS, the frequency, scale, and sophistication of cyber threats continue to rise, targeting our
infrastructure, businesses, schools, and homes; and
WHEREAS, promoting education and awareness about cyber threats and the steps to protect our
information and digital assets is of utmost importance; and
WHEREAS, the Dania Beach IT Department works diligently to provide awareness of cybersecurity and
safety to employees through annual trainings and continuous communications on latest trends to be
aware of; and
WHEREAS, the United States Department of Homeland Security and the National Cyber Security
Alliance have designated October as National Cyber Security Awareness Month.
NOW, THEREFORE, on behalf of the Dania Beach City Commission, I, Archibald J. Ryan, IV, Mayor of
the City of Dania Beach, Florida, do hereby proclaim October 2023 as:
CYBER SECURITY AWARENESS MONTH
in the City of Dania Beach and encourage all citizens, businesses, and institutions to engage in activities
that promote a safer and more secure cyber environment.
ATTEST:
ELORA RIERA, MMC ARCHIBALD J. RYAN, IV
CITY CLERK MAYOR
WHEREAS, Mirabella Bove was born on January 15, 2019; and
WHEREAS, Mirabella is the daughter of Eric and Olga Bove; and
WHEREAS, Mirabella’s favorite color is purple, and her favorite foods are blueberries, pizza, Cheetos,
and spaghetti; and
WHEREAS, Mirabella loves to watch Moana, Frozen, and Peppa Pig, and likes to color, swim, play video
games, and play with her Barbies; and
WHEREAS, on October 3, 2023, Mirabella and her family will be going to Dave & Busters to have fun
and play lots of games; and
WHEREAS, at Dave & Busters, Mirabella will have her wish granted by the Make-A-Wish Foundation
of America and will be going to Disney World; and
NOW, THEREFORE, on behalf of the Dania Beach City Commission, I, Archibald J. Ryan, IV, Mayor of
the City of Dania Beach, Florida, do hereby proclaim October 3, 2023 as:
MIRABELLA BOVE DAY
in the City of Dania Beach and encourage all citizens of Dania Beach to join us in wishing Mirabella a
wonderful time at Disney World, “the Most Magical Place on Earth”!
ATTEST:
ERIN McCLENDON ARCHIBALD J. RYAN, IV
DEPUTY CITY CLERK MAYOR
CITY OF DANIA BEACH
OFFICE OF THE CITY MANGER
100 West Dania Beach Blvd ∙ Dania Beach, FL 33004 ∙ (954) 924-6800 ∙ (954) 921-2604 (fax)
MEMORANDUM
Date: October 10, 2023
To: Mayor A. J. Ryan IV
Vice Mayor Lori Lewellen
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco A. Salvino, Sr.
From: Ana M. Garcia, ICMA-CM, City Manager
Subject: Manager’s Report
As we prepare for our trip to Tallahassee and our meetings on November the 7th, you will receive the
edited and latest brochure at Tuesday’s commission meeting. Additionally, as we do yearly, we will
submit an application to FRDAP for Parks funding.
We have received official communication from the Florida Division of Emergency Management that our
City has received the full requested amount of $53,319.60 for the Sargassum (Seaweed) Clean-Up Grant.
We continue to seek ways to make our beach campus pristine.
We are currently assessing the Marine Law Enforcement Grant application as this will provide us funding
for boating safety initiatives.
Our City has taken a lead role in affordable housing unlike other cities representing Broward County. We
have a total of 397 units built and/or being built. Saratoga I and II have 175 units, Saratoga III has 75
units, City Place has 99 units plus a $1 million dollar loan to support them to increase their chances with
the County and State Funding. Harbour Landing (proposed for existing mobile park off Griffin Rd. and
441 has 42 units or 15% of project. The Dania Beach at Home project has 6 units. Staff is also currently
exploring work force housing opportunities to present for your consideration.
The comeback of Dania After Dark is almost here and on Saturday October 14th we expect an amazing
event, one of many we have planned from October to May! We have sold almost 300 tickets to our beer
tasting event and we expect thousands to come and enjoy a wonderful event with live music, food, and
fun for the entire family. Our parking garage is available at a first come first serve basis. We encourage
you to also consider public transportation as well as Uber/Lyft and/or have a designated driver.
I just attended the ICMA conference in Austin, Texas where a record number of City Managers from
around the world were present; more than 5500 attendees. I was able to engage in conversations and
participate in sessions with my colleagues from South Africa, New Zealand, the United Kingdom, Canada,
India, and the Philippines. Additionally, I further cemented my relationship with Broward County
Administrator, Mónica Cepero. Next year, I will be bringing leaders from various departments as there is
just too much value and opportunities for our Team that will greatly benefit our City.
Below is a brief update on the timeline of the SE Drainage Project and details of what has been
completed to date and where we are in the process:
• Engineering, Design Plans and Permits approved and completed by City and Broward County.
• Grant Funding Contract approved and completed by City and Broward County.
• Request For Proposal (RFP) for Construction approved and posted on July 25th (posted for 60 days)
• October 2nd, Bid committee opened bids and will review proposals while working with consultant to
select the most responsive and responsible bidder.
• Winning bidder (Construction Contractor) will be presented to City Commission for approval (2nd
meeting in October or 1st meeting in November).
• After City approval, Contractor has to create shop drawings to manufacture the custom catch basins
and associated structures (3-4 months).
• These custom concrete catch basins will be specifically made for the SE and not “off the shelf”. They
are built to specific engineering design and developed for the complex drainage system to be installed.
• Construction time is approximately 15 months; we will be working with the construction contractor to
expedite construction to finish prior to the 15 months’ time frame.
Below is a breakdown of funding for SE Stormwater, both Phases I and II:
Phase I (low bid) $ 14,812,128
County Surtax Award $ 7,212,000
FDEP Grant $ 3,480,000
Difference $ 4,120,128
* The difference will be funded by additional grants/ARPA funding/Stormwater Fund reserves
Phase II (estimate) $15,000,000
* Funding provided by a bank loan secured by Stormwater Assessment revenues. Can secure funding in
early 2024 and align with awarding of bid for Phase II
City of Dania Beach
100 West Dania Beach Blvd
Dania Beach, Florida 33004
October 12, 2023
Special Magistrate Hearing
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Cae comp
Case # Status Hearing Type Property Address Cited Party Default Inspector
2018-00000078 Active P H-ABATEMENT - Abatement
Hearing
4165 SW 51 ST DOREEN M SANABRIA Ricky Ali
2022-00000022 Active C H-CONFIRMATION -
Confirmation Hearing
329 SW 13 ST SMART LAUNDRY INC Anson Westberry
2022-00000239 Active P H-ABATEMENT - Abatement
Hearing
1327 S FEDERAL HWY RHINOZ CORP Anson Westberry
2022-00000244 Active C H-EXTENSION - Extension
Hearing
26 SE 13 TER MM 26 SE 13 LLC Anson Westberry
2022-00000735 Active C H-ABATEMENT - Abatement
Hearing
329 SE 3 TER SAROUDIS, NICK Anson Westberry
2022-00001018 Active C H-ABATEMENT - Abatement
Hearing
2800 S FEDERAL HWY DS REALTY INC Anson Westberry
2022-00001068 Active C H-CONFIRMATION -
Confirmation Hearing
SE PARK ST VED GROUP LLC Anson Westberry
2023-00001026 Active P H- First HEARING -First
Hearing
225 SE 3 ST FRED GALIATSATOS Anson Westberry
2022-00001457 Active C H-CONFIRMATION -
Confirmation Hearing
22 SW 6 AVE SABA FL PROPERTIES LLC Christina Caserta
2023-00000388 Active C H-FIRST HEARING - First
Hearing
223 JAMAICA ST ALLAIRE, MICHELE
PERT, STEVE
Christina Caserta
2023-00000393 Active C H-FIRST HEARING - First
Hearing
234 NW 8 AVE HARRIS, PRINCETTA R Christina Caserta
2023-00000486 Active C H-FIRST HEARING - First
Hearing
1190 STIRLING RD 1190 STIRLING ROAD LLC
% AVERY PACK
Christina Caserta
2023-00001071 Active P H-REPEAT HEARING -
Repeat Hearing
22 SW 6 AVE SABA FL PROPERTIES LLC Christina Caserta
2020-00000181 Active P H-EXTENSION - Extension
Hearing
4500 SW 34 AVE MARK LAROCCA Ricky Ali
2022-00001164 Active C H-ABATEMENT - Abatement
Hearing
2748 SW 46 CT 2748 SOUTH WEST REALTY LLC Ricky Ali
2023-00000400 Active C H-EXTENSION - Extension
Hearing
1518 SW 2 AVE SIMCHA, REUVEN Michelle Shahryar
2023-00000425 Active C H-EXTENSION - Extension
Hearing
330 SW 4 CT MAROTTA, CLAUDIO
MAROTTA, ROBERTO
Michelle Shahryar
City of Dania Beach
100 West Dania Beach Blvd
Dania Beach, Florida 33004
October 12, 2023
Special Magistrate Hearing
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3
2023-00000626 Active C H-FIRST HEARING - First
Hearing
374 SW 4 CT SUZANNE M GALLET TR
GALLET, SUZANNE M TRSTEE
Michelle Shahryar
2023-00000638 Active C H-ABATEMENT - Abatement
Hearing
738 SW 3 ST MAZARD, MERLINE Z
LUNDI, EMMANUEL
Michelle Shahryar
2023-00000684 Active C H-ABATEMENT - Abatement
Hearing
738 SW 3 ST MAZARD, MERLINE Z
LUNDI, EMMANUEL
Michelle Shahryar
2023-00000706 Active C H-FIRST HEARING - First
Hearing
1160 SW 2 AVE ANGELOS, THOMAS Michelle Shahryar
2023-00000707 Active C H-FIRST HEARING - First
Hearing
60 SW 12 ST HILL,FRANK R, Michelle Shahryar
2023-00000716 Active P H-CONFIRMATION -
Confirmation Hearing
22 SW 6 AVE SABA FL PROPERTIES LLC Michelle Shahryar
2023-00000740 Active C H-FIRST HEARING - First
Hearing
230 SW 11 ST WONG, JOHN Michelle Shahryar
2023-00000775 Active C H-FIRST HEARING - First
Hearing
36 SW 11 ST KIBIZOFF, GARY STEVEN Michelle Shahryar
2023-00000820 Active C H-FIRST HEARING - First
Hearing
762 SW 3 ST PILO SHIRAN ALIZA Michelle Shahryar
2023-00000865 Active P H-FIRST HEARING - First
Hearing
819 SW 12 AVE BIBLICAL HOUSE OF GOD NONE OTHER
CHURCH INC
Michelle Shahryar
2021-00001822 Active P H-EXTENSION - Extension
Hearing
450 E DANIA BEACH BLVD DAGLARIS, ARISTITELIS
DAGLARIS, JOHN
Ricky Ali
2023-00000403 Active C H-EXTENSION - Extension
Hearing
5940 SW 37 AVE HOMESTEAD HOLDINGS 2017 LLC Ricky Ali
2023-00000453 Active P H-EXTENSION - Extension
Hearing
4875 SW 41 AVE ZDROYEVSKI, MAAYAN Ricky Ali
2023-00000567 Active P H-EXTENSION - Extension
Hearing
4824 SW 45 AVE KADOSH, EZER-UZI Ricky Ali
2023-00000568 Active P H-FIRST HEARING - First
Hearing
610-632 NE 2 ST EAST SIDE FIVE LLC Ricky Ali
2023-00000673 Active P H-FIRST HEARING - First
Hearing
5414 SW 43 TER QUINONES,FELIX M
H/E PASKALEVA,MILA
Ricky Ali
2023-00000674 Active P H-FIRST HEARING - First
Hearing
202 S FEDERAL HWY OAK STREET INVESTMENT GRADE NET LEASE
FUND SERIES
Ricky Ali
2023-00000763 Active P H-FIRST HEARING - First
Hearing
5411 SW 44 AVE KUSHNIR, FELIX Ricky Ali
City of Dania Beach
100 West Dania Beach Blvd
Dania Beach, Florida 33004
October 12, 2023
Special Magistrate Hearing
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3
2023-00000811 Active C H-FIRST HEARING - First
Hearing
529 NW 7 ST PAUL PAVILACK REV LIV TR
PAVILACK PAUL TRSTEE
Ricky Ali
2023-00000853 Active P H-FIRST HEARING - First
Hearing
111 NW 7 AVE SAP RE HOLDINGS LLC Ricky Ali
2023-00001002 Active P H-FIRST HEARING - First
Hearing
4673 SW 28 AVE DRUSKIN PROPERTIES 1 LLC Ricky Ali
2022-00000526 Active P H-EXTENSION - Extension
Hearing
3181 SW 44 ST 3181 SW 44 STREET LLC Windy Damis
2022-00001328 Active C H-ABATEMENT - Abatement
Hearing
2930 SW 57 CT RABBAT ESTATE TR
RABBAT, GUY TRSTEE ETAL
Windy Damis
2022-00001476 Active P H-EXTENSION - Extension
Hearing
2871 W MARINA DR ZAPP, JULIE Windy Damis
2023-00000675 Active P H-FIRST HEARING - First
Hearing
5221 SW 28 AVE HORAN, MADELEINE G Windy Damis
2023-00000732 Active C H-FIRST HEARING - First
Hearing
2620 SW 51 ST HOWLAND, PETER J Windy Damis
2023-00000750 Active C H-FIRST HEARING - First
Hearing
4885 SW 24 AVE MARTINEZ, ALEJANDRO Windy Damis
2023-00000751 Active P H-FIRST HEARING - First
Hearing
4871 SW 24 AVE BARGIG, ZEHAVA Windy Damis
2023-00000783 Active P H-FIRST HEARING - First
Hearing
5519 SW 24 AVE PRIME REAL ESTATE HOLDINGS INC Windy Damis
2023-00000813 Active P H-FIRST HEARING - First
Hearing
4875 SW 28 AVE NANAN, CHRISTAL Windy Damis
2023-00000835 Active P H-FIRST HEARING - First
Hearing
5220 SW 28 AVE WHITE, THOMAS JR Windy Damis
2023-00000912 Active C H-FIRST HEARING - First
Hearing
4910 SW 29 AVE CAMARAZA, JOHANA ROSADO Windy Damis
City of Dania Beach
City Clerk Memorandum
DATE: 10/10/2023
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Elora Riera, MMC, City Clerk
SUBJECT: Approval of Meeting Minutes
Request:
To approve meeting minutes as presented.
Background:
Meeting minutes to approve are as follows:
- September 20, 2023 - Final Budget Hearing Meeting Minutes
- September 26, 2023 - Regular City Commission Meeting Minutes
Budgetary Impact
N/A
Recommendation
To approve meeting minutes as presented.
DANIA BEACH CITY COMMISSION
FINAL BUDGET HEARING
WEDNESDAY, SEPTEMBER 20, 2023 – 5:05 P.M.
1.CALL TO ORDER/ROLL CALL
Mayor Ryan called the meeting to order at 5:05 p.m.
Present:
Mayor: A. J. Ryan IV
Vice-Mayor: Lori Lewellen
Commissioners: Joyce L. Davis
Tamara James
Marco A. Salvino, Sr.
City Manager: Ana M. Garcia, ICMA-CM
City Attorney: Eve Boutsis
City Clerk: Elora Riera, MMC
2.BUDGET PUBLIC HEARING ITEMS
2.1 RESOLUTION NO. 2023-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA
STATUTES, APPROVING THE MILLAGE RATE NECESSARY TO BE LEVIED FOR THE
FISCAL YEAR 2023-2024 FOR OPERATING PURPOSES; ESTABLISHING THE DEBT
MILLAGE APPROVED BY THE ELECTORATE; PROVIDING FOR A PUBLIC HEARING
WHEN AND WHERE OBJECTIONS MAY BE HEARD AND QUESTIONS CONCERNING
THE SAME WILL BE ANSWERED; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (Finance)
City Attorney Boutsis read the title of the resolution into the record.
Chief Financial Officer DiPaolo introduced the item and at the request of Commissioner Davis
he provided an overview of the millage rate.
Mayor Ryan opened the floor to public comments, there being none, public hearing was closed.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, July 11, 2023 – 7:00 p.m.
2
Commissioner James made a motion to approve the resolution. The motion was seconded
by Vice Mayor Lewellen which carried unanimously on voice vote.
2.2 RESOLUTION NO. 2023-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA
STATUTES, APPROVING THE CITY’S FINAL ANNUAL BUDGET FOR THE FISCAL
YEAR 2023-2024; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (Finance)
City Attorney Boutsis read the title of the resolution into the record.
Chief Financial Officer DiPaolo introduced the item.
Mayor Ryan opened the floor to public comments, there being none, public hearing was closed.
Commissioner James made a motion to approve the resolution. The motion was seconded
by Vice Mayor Lewellen which carried unanimously on voice vote.
City Manager Garcia thanked the Commission for their time and dedication to review the
proposed budget. She thanked the Finance department and department directors. The trust of the
residents is an indication of the leadership in this Commission and City team.
3.PUBLIC COMMENTS
None.
4.ADJOURNMENT
Mayor Ryan adjourned the meeting at 5:14 p.m.
ATTEST: CITY OF DANIA BEACH
ELORA RIERA, MMC ARCHIBALD J. RYAN IV
CITY CLERK MAYOR
Approved:
MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, SEPTEMBER 26, 2023 – 7:00 P.M.
1.CALL TO ORDER/ROLL CALL
Mayor Ryan called the meeting to order at 7:03 p.m.
Present:
Mayor: A. J. Ryan IV
Vice-Mayor: Lori Lewellen
Commissioners: Joyce L. Davis
Tamara James
Marco A. Salvino, Sr.
City Manager: Ana M. Garcia, ICMA-CM
City Attorney: Eve Boutsis
City Clerk: Elora Riera, MMC
2.MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE
Mayor Ryan called for a moment of silence followed by the Pledge of Allegiance to the United
States Flag.
3.PRESENTATIONS AND SPECIAL EVENT APPROVALS
3.1 Feeding South Florida – Sponsored by Commissioner James
Commissioner James introduced the item.
Maxwell Adelstein, Development Director, spoke about Feeding South Florida’s efforts
throughout Broward County and Dania Beach.
Commissioner James spoke about touring the facility and seeing all those that volunteer. She
would like to discuss a potential partnership with the City as the City has a great need.
Vice Mayor Lewellen spoke about visiting the facility with City Manager Garcia and noted that
Feeding South Florida is looking for a larger space.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, September 26, 2023 – 7:00 p.m.
2
Commissioner Davis inquired if the partnership with Ebenezer Seventh Day Adventist Church is
continuing, and Mr. Adelstein responded that he believed so, but he would confirm and get her
the answer.
3.2 Presentation by Public Art Advisory Board Chair, Kelly Sharaby
This item was heard after item 6.
Public Art Advisory Board Chair Sharaby said she thought she was here tonight to speak about
the REACH program. She thanked the Commission for their support for the REACH program
and spoke about backpacks she has available for donation to the Commission.
4.PROCLAMATIONS
4.1 Hunger Action Month - Sponsored by Vice Mayor Lewellen
Vice Mayor Lewellen read the proclamation into the record and presented the proclamation.
4.2 Childhood Cancer Awareness Month - Sponsored by Commissioner Davis
Commissioner Davis read the proclamation into the record and presented the proclamation to
Silvia Vanni. Ms. Vanni spoke about her son who she lost to childhood cancer.
4.3 Hispanic Heritage Month - Sponsored by Mayor Ryan
Mayor Ryan read the proclamation into the record and presented the proclamation.
5.ADMINISTRATIVE REPORTS
5.1 City Manager
City Manager Garcia
City Manager Garcia reminded everyone of the upcoming Oktoberfest event for Dania After
Dark on October 14, 2023. She said that Deputy City Manager Sosa-Cruz, Fire Chief Pellecer,
Director Rodriguez, and herself met with Senator Pizzo about resiliency and better positioning
the City for grants. She will be going to Tallahassee in November with Mayor Ryan, Vice-
Mayor Lewellen and Commissioner Davis. Their focus will be on storm drainage projects and
the City’s EOC. The City has been working to finalize a draft for new parks and green space in
the City as a result of impact fees from new construction. The City is exploring the opportunity
to partner with Nova Southeastern University to be the home for the women’s Crew team. City
Manager Garcia expressed her gratitude to CIP and Grants Administrator, Colin Donnelly for his
performance working with the County on the 47th Year CDBG project. She noted that on
September 20, 2023, Director Brown, Commissioner James, and herself met with the City of Fort
Lauderdale regarding their partnerships with Broward County Schools. The City will continue to
explore possibilities for funding and partnerships with our local schools.
5.2 City Attorney
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, September 26, 2023 – 7:00 p.m.
3
City Attorney Boutsis had nothing to report.
5.3 City Clerk - Reminders
City Clerk Riera reminded the Commission of their upcoming meetings in October.
6.PUBLIC SAFETY REPORTS
Lieutenant Cooper reported on recent arrests in the City and an incident that took place with a
group of juveniles at Dania Pointe near the movie theatre. October 4, 2023, is the National
Coffee with a Cop event at the Dania Pointe Starbucks from 10:00 a.m. to 12:00 p.m. BSO has
received several traffic complaints in the area of SE 5th avenue, between Dania Beach Blvd. and
Sheridan Street. They are enforcing traffic and have added a speed measuring device to the area.
They will continue to monitor the traffic and will report the findings at the next City Commission
meeting.
Fire Chief Pellecer reported that the Department is getting ready for ISO rating inspections,
residents should have received a flyer in their water bill. Dania Beach has an ISO rating of 1.
Inspections should be completed by the end of the month. Fire Prevention Week is 10/8 – 10/14
and is dedicated to raising awareness for fire safety. The City’s bi-annual fire drill will be
coming up over the next few weeks. He encouraged residents to update their family emergency
plans. BSO has hired 23 new firefighter paramedics, and they will participate in the Firefighter
Pride Run on November 10, 2023.
7.CITIZENS’ COMMENTS
The following spoke under citizens comments:
- Alok Deoraj – 728 Lake Blvd., on behalf of the Indian Regional Cultural Center spoke
about the Diwali Festival of Lights Celebration on November 18, 2023.
- Nattaliah Earle – 1800 SW St. Avenue, Suite 205, on behalf of Urban Health Partnerships
spoke about the programs available to our residents.
- Diane Clark – 137 SW 3rd St., spoke about building responsibly and the addition of 4000
RAC units.
Mayor Ryan responded to Ms. Clark and said to clarify, the City is not voting on the 4000 RAC
Units tonight.
- Robert Sims – 32 SW 4th St, spoke about the re-build of the hotel located at 380 S.
Federal Highway and his concerns with the traffic and parking issues it will bring.
- Janet McCombs – 41 SW 5th St, spoke about the proposed hotel located at 380 S. Federal
Highway and her concerns with green space, parking for building equipment, workers,
hotel parking and the residents surrounding the hotel.
- David Miller – 310 SW 1st Ave., spoke about the increase in traffic and crime with the
increase in development in the City.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, September 26, 2023 – 7:00 p.m.
4
City Attorney Boutsis said, for anyone speaking tonight on a project, need to come to the hearing
when that project comes forward. The Commission can take into consideration the comments
made, but it is valuable for the actual hearing. It is considered a quasi-judicial hearing and that is
when their testimony is needed and when it should be taken into consideration. All these
comments will be logged for the developer to know about, otherwise they could challenge our
record because there is information that was not given at the hearing that the Commission heard.
Please come to the hearing and speak at that time because that is when the Public Hearing is
going to occur.
Mayor Ryan said he appreciated everyone’s comments, and the Commission will be having a
serious discussion regarding this project and future projects in the City. He reminded everyone
to come out to the Public Hearing on the item.
- Jose Armand – 50 SE 3rd Ave., spoke about Hispanic Heritage Month.
Commissioner Salvino addressed the comments on the new development and said he
sympathizes with their thoughts but long before any of them were on the Commission, there
were a lot of rules and ordinances passed. There are certain conditions that the City must follow,
or there will be lawsuits by the developers. Those lawsuits will take millions out of the City’s
offers if we lose. The Commission is making decisions that they are obligated to make by
ordinances that were passed many years ago. The Commission has to follow those rules, or they
are putting the residents in a financial bind. Commissioner Salvino suggested the City put
something together to help the residents better understand the process.
Commissioner James said per code they can build 4 stories and with their incentives they can
build up to 8. That is something that the Commission cannot negotiate. The Commission can
tell them their feelings, and she has been on both sides, as a resident and as an elected official.
By being an elected official, she has learned more about the code and ordinances. She looks
forward to furthering the conversation and listening to what they all have to say.
City Attorney Boutsis recommended no further discussion on the matter at this time. The right
time for this is at the Public Hearing.
Deputy Director of Community Development Lajoie said they have had two meetings but at this
time there is not another meeting scheduled.
8.CONSENT AGENDA
Commissioner James made a motion to approve the consent agenda. The motion was
seconded by Vice Mayor Lewellen which carried unanimously on voice vote.
8.1 Minutes: September 13, 2023, City Commission Meeting
Approved under consent agenda.
8.2 Travel Requests: None.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, September 26, 2023 – 7:00 p.m.
5
8.3 RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A SECOND
TWO (2) YEAR RENEWAL OF THE EXISTING AGREEMENT WITH MARTIN GOLD
COAST, LLC FOR BUS STOP BENCHES AND SHELTER MAINTENANCE SERVICES IN
AN AMOUNT NOT TO EXCEED SIXTY-SIX THOUSAND TWO HUNDRED DOLLARS
($66,200.00) ANNUALLY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE. (Public Services)
Approved under consent agenda.
8.4 RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A CONTRACT
WITH SALTZ MICHELSON ARCHITECTS, FOR THE DESIGN AND CONSTRUCTION
ADMINISTRATION OF THE FIRE ADMINISTRATION EMERGENCY OPERATIONS
CENTER AND TRAINING FACILITY IN THE AMOUNT OF FOUR HUNDRED FOUR
THOUSAND FOUR HUNDRED FORTY-NINE DOLLARS ($404,449.00); PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services)
Approved under consent agenda.
8.5 RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR GRANT FUNDS IN THE
AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS ($500,000.00), TO PROVIDE FOR
FUNDING FOR THE SW 52ND STREET DRAINAGE PROJECT; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services)
Approved under consent agenda.
8.6 RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN
AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND
THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT FOR A THREE-MONTH
EXTENSION TO A GRANT FOR THE CREATION OF A WATERSHED MASTER
PLAN; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE
DATE. (Community Development)
Approved under consent agenda.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, September 26, 2023 – 7:00 p.m.
6
8.7 RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR GRANT FUNDS IN THE
AMOUNT OF NINTY-FIVE THOUSAND FIVE HUNDRED DOLLARS ($95,500.00) FOR
THE VULNERABILITY ASSESSMENT; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (Public Services)
Approved under consent agenda.
8.8 RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, ADOPTING THE UPDATE OF THE MULTI-JURISDICTIONAL LOCAL
MITIGATION STRATEGY PLAN; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (City Manager)
Approved under consent agenda.
8.9 RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AMENDING THE CITY’S INVESTMENT POLICY, IN ACCORDANCE WITH
FLORIDA STATUTES, SECTION 218.415; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (Finance)
Approved under consent agenda.
9.BIDS AND REQUESTS FOR PROPOSALS
9.1 RESOLUTION NO. 2023 - ____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING THE AWARD OF CITY INVITATION TO BID NO. 23-015 FOR
PORTABLE TOILET RENTALS TO JOHN TO GO, INC.; AUTHORIZING EXECUTION OF
AN AGREEMENT WITH JOHN TO GO, INC.; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (Parks & Recreation)
City Attorney Boutsis read the title of the resolution into the record.
Commissioner James made a motion to approve the resolution. The motion was seconded
by Vice Mayor Lewellen which carried unanimously on voice vote.
9.2 RESOLUTION NO. 2023 - ____
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, September 26, 2023 – 7:00 p.m.
7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING THE AWARD OF CITY INVITATION TO BID NO. 23-016 FOR
EVENT EQUIPMENT RENTAL TO FIESTA CAROUSEL, INC. AND SUNSHINE TENTS
AND EVENTS RENTAL, LLC, WHICH MAY EXCEED AN ANNUAL VENDOR
THRESHOLD TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00);
AUTHORIZING EXECUTION OF AN AGREEMENT WITH BOTH VENDORS;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(Parks and Recreation)
City Attorney Boutsis read the title of the resolution into the record.
Commissioner James made a motion to approve the resolution. The motion was seconded
by Vice Mayor Lewellen which carried unanimously on voice vote.
10.QUASI-JUDICIAL HEARINGS
None.
11.FIRST READING ORDINANCES
11.1 ORDINANCE NO. 2023-____
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AMENDING CHAPTER 28 “LAND DEVELOPMENT CODE”; AT PART 3,
“SPECIAL ZONING DISTRICTS”; SUBPART 1 “COMMUNITY REDEVELOPMENT AREA
(CRA) FORM-BASED ZONING DISTRICTS” TO PROVIDE SPECIFIC REGULATIONS
FOR THE 4,000 RAC UNITS AUTHORIZED BY BROWARD COUNTY TO BE
ALLOCATED TO THE CRA FORM BASED CODE ZONING DISTRICT THROUGH THE
CITY’S COMPREHENSIVE PLAN AMENDMENT TO BE ADOPTED IN DECEMBER 2023,
TO PROVIDE FOR A SPECIFIC FORM BASED REGULATION FOR THE 4,000 NEW RAC
UNITS; AND PROVIDING FOR A VESTING OF THE 2010 RAC UNITS APPROVED
UNDER ORDINANCE NO. 2010-007 (ADOPTED ON 9/28/10) UNDER THE
REGULATIONS OF THIS SUBPART AS THEY EXISTED IN SUPPLEMENT 154 OF THE
DANIA BEACH CODE OF ORDINANCES, DATED NOVEMBER 30, 2022, PUBLISHED
BY MUNICIPAL CODE CORPORATION; AND SPECIFICALLY AMENDING THE CRA
FORM BASED CODE FOR THE 4,000 UNITS TO ELIMINATE INCENTIVES PROVIDE
FOR MANDATORY GREEN CODE REQUIREMENTS AND CLARIFICATIONS,
INCLUDING THE FOLLOWING REVISIONS: AMENDING 300-30, ENTITLED “HOW TO
DETERMINE THE BUILDABLE AREA OF A LOT, ALLOWABLE DENSITY AND
BUILDING HEIGHT”; AMENDING SECTION 300-60, ENTITLED “OTHER
DEVELOPMENT REGULATIONS”; AMENDING SECTION 300-80, ENTITLED “INTENT”;
AMENDING SECTION 301-20, ENTITLED “APPLICABILITY”; AMENDING SECTION
301-40, ENTITLED “SITE PLAN PROCEDURES”; AMENDING SECTION 301-50,
ENTITLED “VARIATIONS IN DESIGN; PROCEDURE FOR REVIEW OF DESIGN
VARIATIONS”; AMENDING ARTICLE 303, ENTITLED “DISTRICT
DEVELOPMENT STANDARDS”; AMENDING SECTION 303-30, ENTITLED
“ILLUSTRATED DEVELOPMENT STANDARD DEFINITIONS; INTERPRETATION”;
AMENDING THE FOLLOWING SECTIONS: 303-40, ENTITLED “CITY CENTER (CC)
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, September 26, 2023 – 7:00 p.m.
8
DISTRICT”; SECTION 303-50, ENTITLED “NBHD-MU, NEIGHBORHOOD MIXED-USE
DISTRICT”; SECTION 303-60, ENTITLED “EDBB-MU, EAST DANIA BEACH
BOULEVARD MIXED-USE DISTRICT”; SECTION 303-70, ENTITLED “GTWY-MU,
BEACH GATEWAY MIXED-USE DISTRICT”; SECTION 303-80, ENTITLED “SFED-MU,
SOUTH FEDERAL HIGHWAY CORRIDOR MIXED-USE DISTRICT”; SECTION 303-90,
ENTITLED “NBHD-RES, NEIGHBORHOOD RESIDENTIAL DISTRICT”; SECTION 303-
100, ENTITLED “MARINE DISTRICT”; ARTICLE 304, ENTITLED “BUILDING HEIGHT
AND TRANSITION REGULATIONS”; AT SECTIONS 304-10, ENTITLED “GENERALLY”;
SECTION 304-20, ENTITLED “RULES OF HEIGHT TRANSITION FROM RESIDENTIAL
ZONING DISTRICTS”; STRIKING SECTION 304-30, ENTITLED “RULES OF HEIGHT
TRANSITION ADJACENT TO FEC RAILROAD CORRIDOR”; RENAMING ARTICLE 305
FROM “INCENTIVES” TO “SUSTAINABLE BUILDING REQUIREMENTS”; STRIKING
SECTION 305-10 “APPLICABILITY”; STRIKING SECTION 305-20 ENTITLED
“SCHEDULE OF INCENTIVES”; STRIKING SECTION 305-30 ENTITLED “INCENTIVES
FOR PROVIDING PUBLIC OPEN SPACE”; STRIKING SECTION 305-40, ENTITLED
“INCENTIVES FOR PROVIDING ATTAINABLE HOUSING”; STRIKING SECTION 305-
50, ENTITLED “SUSTAINABLE BUILDING PRACTICES”; CREATING A NEW SECTION
305-10 ENTITLED “APPLICABILITY”; CREATING A NEW SECTION 305-20 ENTITLED
“GREEN BUILDING; GREEN BUILDING PRACTICES”; CREATING A NEW SECTION
305-30, ENTITLED “THIRD PARTY CERTIFICATION REQUIRED”; STRIKING SECTION
305-60 ENTITLED “PROVIDE PUBLIC PARKING”; STRIKING SECTION 305-70
ENTITLED “INCENTIVES FOR PUBLIC PARKS”; PROVIDING FOR CODIFICATION,
PROVIDING FOR CONFLICTS”; PROVIDING FOR SEVERABILITY; AND FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (Community Development)
City Attorney Boutsis read the title of the ordinance into the record.
Community Development Deputy Director Corinne Lajoie introduced the item.
Commissioner James said she would like to see consistency on the number of stories and would
like to request consensus to move sustainable green building from 20,000 square feet to 10,000
square feet.
Vice Mayor Lewellen asked if this is only for new RAC units and not any existing units and
Deputy Director Lajoie responded affirmatively.
Commissioner Davis asked for clarification on the green incentives and Deputy Director Lajoie
responded that she would get those to her.
Mayor Ryan opened the floor to public comments, there being none, public hearing was closed.
Parks and Recreation Director Brown said that Parks would not benefit from this.
Director Norena said there is an analysis which provided the 20,000 square feet.
Commissioner Salvino recommended a text amendment if needed at a later time.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, September 26, 2023 – 7:00 p.m.
9
Commissioner James made a motion to approve the ordinance on first reading with the
amendment to change the area west of US 1 from 2 to all 4 (slide 7).
The motion died for lack of a second.
Deputy Director Lajoie said with that text amendment and that change you would be allowing
those properties more height than what they have today.
Commissioner Davis made a motion to approve the ordinance on first reading. The motion
was seconded by Vice Mayor Lewellen which carried unanimously on voice vote.
12.SECOND READING ORDINANCES
None.
13.DISCUSSION AND POSSIBLE ACTION
13.1 RESOLUTION NO. 2023-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, PURSUANT TO SECTION 811-140, OF THE LAND DEVELOPMENT CODE,
THE PROPERTY OWNER, COZY COVE MARINA, REQUESTS APPROVAL OF ITS
MURAL LOCATED AT 318 N. FEDERAL HIGHWAY, DANIA BEACH, FLORIDA, AS
LEGALLY DESCRIBED IN EXHIBIT “A,” A COPY OF WHICH IS ATTACHED TO AND
INCORPORATED BY REFERENCE INTO THIS RESOLUTION; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community
Development)
City Attorney Boutsis read the title of the resolution into the record.
Community Development Deputy Director Corinne Lajoie introduced the item.
Vice-Mayor Lewellen asked what the City can do to educate the community on the process of
murals and discussion ensued.
Commissioner Salvino suggested a flyer be given to new businesses that come in for a business
license or a mailing with business license renewals. Chief Financial Officer DiPaolo said this
can be done.
Commissioner James made a motion to approve the resolution. The motion was seconded
by Commissioner Salvino which carried unanimously on voice vote.
14.APPOINTMENTS
None.
15.COMMISSION COMMENTS
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, September 26, 2023 – 7:00 p.m.
10
During Commission comments, the Commission and City Manager made the following requests
for their contingency funds:
Commissioner James:
-$6,800 for Breast Cancer event
-$1,000 from City Manager for childhood cancer, Mystic Force Foundation
-$1,000 to each American Legion post, 304 and 209 ($2k total)
Commissioner Davis:
-$1,000 to childhood cancer, Mystic Force Foundation
-$5,000 set aside for CPR certification for residents (future event)
-$2,000 for Dania Beach Historical Society
-$1,000 to Janie Gooden Greenleaf Foundation Golf Tournament
-Remainder of funds towards Get Fit Dania Beach 5K event with P&R
Commissioner Salvino:
-$1,000 to childhood cancer, Mystic Force Foundation
-$2,000 for Dania Beach Historical Society
-$1,000 to each American Legion post, 304 and 209 ($2k total)
-$1,000 to Dania Beach Improvement Committee
-Match $1,891 to the Lions Club
Vice Mayor Lewellen:
-$1,000 to childhood cancer, Mystic Force Foundation
-matched Commissioner Davis for $5,000 for CPR certification for residents
-$1,000 for Dania Beach Historical Society
-$1,000 to the Lions Club
-$1,000 to each American Legion post. 304 and 209 ($2k total)
Mayor Ryan:
-$3,000 to each American Legion post, 304 and 209 ($6k total)
-$3,000 to Dania Beach Improvement Committee
-$2,000 to Dania Beach Historical Society
-$1,891 to the Lions club
City Manager:
-$1,000 to childhood cancer, Mystic Force Foundation
-$1,000 for Dania Beach Historical Society
-$1,000 to Dania Beach Improvement Committee
-$1,000 to each American Legion post, 304 and 209 ($2k total)
-$1,000 to the Lions Club
Consensus was received for the above requests from their respective contingency funds.
15.1 Commissioner Davis
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, September 26, 2023 – 7:00 p.m.
11
Commissioner Davis commented on the 37th Annual International Coastal Clean Up Day and
the Seafair House event. She thanked the Parks & Recreation department for going above and
beyond for assistance with the beach cleanup.
15.2 Commissioner James
Commissioner James welcomed J. Crew to the City and commented on attending the Chambers
after hours event. She would like the City to consider a possible partnership with Feeding South
Florida and would like the item added to Discussion and Possible Action for the next meeting.
15.3 Commissioner Salvino
Commissioner Salvino would like the City to see about the possibility of purchasing a stage for
city events and tents. City Manager Garcia said staff will look at the different options and bring it
back to the Commission.
Chief Financial Officer DiPaolo reviewed the balances for each Commission member.
15.4 Vice-Mayor Lewellen
Vice Mayor Lewellen advised the residents that all the clubs, organizations and associations are
meeting again and encouraged members to attend. She commented that the meeting with
Senator Pizzo was very informative and will be helpful for their trip to Tallahassee. Today she
participated in a forum on affordable housing; FIU will be preparing a report on affordable
housing that will be beneficial to all the cities in Broward County.
15.5 Mayor Ryan
Mayor Ryan commented that we are entering the holiday season, and he is excited for the
upcoming city events.
16.ADJOURNMENT
Mayor Ryan adjourned the meeting at 9:27 p.m.
ATTEST: CITY OF DANIA BEACH
ELORA RIERA, MMC ARCHIBALD J. RYAN IV
CITY CLERK MAYOR
Approved:
City of Dania Beach
City Manager Memorandum
DATE: 10/10/2023
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA:
SUBJECT: Travel request to Tallahassee, Florida to attend Legislative meetings November 6-
8, 2023.
Request:
A request for approval to attend Legislative meeting in Tallahassee, Florida November 6-8,
2023.
Background:
Annual travel to Tallahassee to be advocates for home rule, to discuss local issues that affect our
City and to seize any and all opportunities that will benefit Dania Beach today and in the future
via state budgetary dollars.
Budgetary Impact
The budgetary impact for travel to Tallahassee is estimated at $1,231.20. Funding is available in
the City Manager's GL account 001-12-01-512-40-10.
Recommendation
City Commission approval of travel to attend Legislative meetings in Tallahassee, Florida.
9/29/23
9/29/23
Traveler's Name: Ana M. Garcia, ICMA-CM
Description of Trip: Attend Legislative Meetings
Destination: Tallahassee, Florida
Daily M&IE for FY 2024:64.00$
First Date of Travel:11/6/2023
Last Date of Travel:11/8/2023
Travel Travel
MON TUE WED
Date 6-Nov-23 7-Nov-23 8-Nov-23
Breakfast ($14) 14.00$
Lunch ($16) 16.00$
Dinner ($29) 29.00$
Incidental ($5) 5.00$
Total Daily total =48.00$ 64.00$ 48.00$
Travel Days Pro-rated at 75% of M&IE 48.00$
Total Per Diem Due to Traveler 160.00$
M&IE Total Breakfast Lunch Dinner Incidental 75%
59.00 13.00 15.00 26.00 5.00 44.25
64.00 14.00 16.00 29.00 5.00 48.00
69.00 16.00 17.00 31.00 5.00 51.75
74.00 17.00 18.00 34.00 5.00 55.50
79.00 18.00 20.00 36.00 5.00 59.25
Domestic Meals and Incidental Expenses (M&IE) Breakdown for Federal FY 2022
City of Dania Beach
Travel Per Diem Calculator
City of Dania Beach
Public Services Memorandum
DATE: 10/10/2023
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Fernando Rodriguez, Public Services Director
Dincer Akin Ozaydin, PE, Deputy Director
SUBJECT: APPROVAL OF BROWARD COUNTY PUBLIC TRANSPORTATION
AGENCY SAFETY PLAN – COMMUNITY SHUTTLE SERVICE
Request:
The Public Services Department (PSD) requests Commission approval of Broward County’s
Public Transportation Agency Safety Plan (PTASP) and authorization for the City Manager or
designee to perform administrative updates and approvals the same.
Background:
The City receives funding from Broward County’s Transportation Department’s Transit Division
(BCT) to operate local community shuttle service. The funding is provided to BCT by the U.S.
Department of Transportation (FTA) and allows for this important community transit service to
be provided by many cities in the County, including Dania Beach. The FTA requires
municipalities who receive federal funding to have an approved PTASP which formalizes safety
programs and procedures, improves safety risk management, safety assurance, and sets safety
performance targets as part of the overall safety management system.
A further requirement that will ensure that the PTASP is kept updated and in conformance with
any future FTA requirements is that the municipality’s City Manager or designee be authorized
to perform updates and approvals to the PTASP.
Budgetary Impact
None.
Recommendation
Staff recommends approval.
RESOLUTION NO. 2023-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, REQUESTING APPROVAL OF THE BROWARD
COUNTY PUBLIC TRANSPORTATION AGENCY SAFETY PLAN (PTASP);
AUTHORIZING THE CITY MANAGER OR DESIGNEE PERFORM
ADMINISTRATIVE UPDATES AND APPROVALS TO THE PTASP;
PROVIDING FOR CONFLICTS AND FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Broward County, through the Transportation Department’s Transit
Division (BCT), operates, financially supports, and oversees safe, friendly, and well-utilized
public transportation within the urbanized area, which includes fixed route, community shuttle
bus services; and
WHEREAS, Broward County is a recipient of significant annual funding from the U.S.
Department of Transportation, Federal Transit Administration (FTA); and
WHEREAS, pursuant to 49 C.F.R. Part 673, the FTA requires public transportation
operators such as municipalities that receive federal funding via BCT to have an approved
PTASP to continue to be eligible for FTA funding; and
WHEREAS, BCT has developed the Broward PTASP which formalizes safety
programs and procedures already in place and improves safety risk management, safety
assurance, and safety oversight processes, and sets safety performance targets as part of the
overall safety management system; and
WHEREAS, PTASPs must be approved by the public transportation operator’s or
municipality’s governing body; and
WHEREAS, the municipality’s City Manager or designee is authorized to perform
administrative updates and approvals to the PTASP.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DANIA BEACH, FLORIDA:
Section 1.That the above “Whereas” clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the City Commission authorizes the approval of the Broward PTASP
which is incorporated herein by reference as if set forth in full.
2 RESOLUTION #2023-______
Section 3. That the City Commission authorizes the City Manager or designee to
perform administrative updates and approvals to the PTASP.
Section 4.That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5.That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED on _____________________, 2023.
Motion by ______________________, second by ________________________.
FINAL VOTE ON ADOPTION:
Commissioner Joyce Davis ______
Commissioner Tamara James ______
Commissioner Marco Salvino ______
Vice Mayor Lori Lewellen ______
Mayor Archibald J. Ryan IV ______
ATTEST:
ELORA RIERA, MMC ARCHIBALD J. RYAN IV
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
Southeast Florida Governmental Purchasing
Cooperative Group
CONTRACT AWARD
Please complete each of the applicable boxes and submit with bid documents, award notices and tabulations to
lpiper@myboca.us for placement on the NIGP SEFL website Cooperative contract page.
PAGE 1 OF 2
BID/RFP No. ___________________________________________________________________________________
Description/Title: _______________________________________________________________________________
Initial Contract Term: Start Date: ______________________ End Date: _________________
Renewal Terms of the Contract: ______________________ Renewal Options for ________________
(No. of Renewals) (Period of Time)
Renewal No. ____ Start Date: ____________________ End Date: _________________
Renewal No. ____ Start Date: ____________________ End Date: _________________
Renewal No. ____ Start Date: ____________________ End Date: _________________
____________________________________________________________________
SECTION #1 VENDOR AWARD
Vendor Name: ________________________________________________________________________________
Vendor Address: ________________________________________________________________________________
Contact: ________________________________________________________________________________
Phone: ____________________________________ Fax: _______________________________________
Cell/Pager: _________________________________ Email Address: ____________________________
Website: _________________________________ FEIN: ___________________________________
VENDOR AWARD
Vendor Name: ________________________________________________________________________________
Vendor Address: ________________________________________________________________________________
Contact: ________________________________________________________________________________
Phone: ____________________________________ Fax: _______________________________________
Cell/Pager: _________________________________ Email Address: ____________________________
Website: _________________________________ FEIN: ___________________________________
20-21B
Furnish, Deliver and Discharge of Quicklime
November 1, 2020 October 31, 2023
3 1 Year
Lhoist North America of Alabama, LLC
5600 Clearfork Main Street, Suite 300, Fort Worth, TX 76109
Dale James, Florida Sales Manager or Elizabeth Hart. FL Sales Coordinator
(800) 695-5657 (Orders) & (877) 644-9010 (863) 644-9030
(314) 614-4950 dale.james@lhoist.com / elizabeth.hart@lhoist.com
http://www.lhoist.com 63-1002780
Carmeuse Lime and Stone, Inc. (City of Hollywood Hi Cal Granular Lime Only)
11 Stanwix St., 21st Floor, Pittsburgh, PA 15222
Inside Sales
(866) 780-0974
salesinquiries@carmeuse.com
http://www.carmeuse.com 25-1254420
PAGE 2 OF 2
VENDOR AWARD
Vendor Name: ________________________________________________________________________________
Vendor Address: ________________________________________________________________________________
Contact: ________________________________________________________________________________
Phone: ____________________________________ Fax: _______________________________________
Cell/Pager: _________________________________ Email Address: ____________________________
Website: _________________________________ FEIN: ___________________________________
VENDOR AWARD
Vendor Name: ________________________________________________________________________________
Vendor Address: ________________________________________________________________________________
Contact: ________________________________________________________________________________
Phone: ____________________________________ Fax: _______________________________________
Cell/Pager: _________________________________ Email Address: ____________________________
Website: _________________________________ FEIN: ___________________________________
VENDOR AWARD
Vendor Name: ________________________________________________________________________________
Vendor Address: ________________________________________________________________________________
Contact: ________________________________________________________________________________
Phone: ____________________________________ Fax: _______________________________________
Cell/Pager: _________________________________ Email Address: ____________________________
Website: _________________________________ FEIN: ___________________________________
____________________________________________________________________
SECTION #2 AWARD/BACKGROUND INFORMATION
Award Date: ______________ Resolution/Agenda Item No.: ________________
Insurance Required: Yes __________ No _____________
Performance Bond Required: Yes __________ No _____________
____________________________________________________________________
SECTION #3 LEAD AGENCY
Agency Name: __________________________________________________________________
Agency Address: _____________________________________________________________________
Agency Contact: __________________________ Email___________________________________
Telephone: __________________________ Fax: ____________________________________
N/A
N/A
N/A
September 23, 2020 R-2020-095
X
X
City of Tamarac
7525 NW 88th Avenue, Room 108
Keith K. Glatz, CPPO
(954) 597-3567
keith.glatz@tamarac.org
(954) 597-3565
City of Tamarac
Interoffice Memorandum
Financial Services Department
PURCHASING DIVISION
To: Michael C. Cernech, City Manager
From: Keith K. Glatz, Purchasing & Contracts Manager
Thru:
Date:
Christine J. Cajuste, Interim Director of Financial Services
September 8, 2020
Re:
Temp Reso #13501 – Award of Agreement – Bid #20-21B, “Furnish, Deliver
and Discharge of Quicklime”
Recommendation:
The Director of Public Services and Purchasing and Contracts Manager recommend placement
of the above referenced item on the consent agenda of the September 23, 2020 Commission
meeting, authorizing the award of an Agreement for an initial three (3) year term effective
November 1, 2020 through October 31, 2023, with up to three (3) one year renewal options,
authorizing a quarterly material adjustment for Quicklime purchased from Lhoist North America
of Alabama, LLC, (Lhoist) for the City of Tamarac, and twenty-three (23) additional member
agencies of the Southwest Florida Governmental Purchasing Cooperative (Co-op); and
Carmeuse Lime and Stone Inc. for high calcium granular quicklime on behalf of one entity in the
Co-op.
Issue:
The existing agreement with Lhoist for the City and the SE Florida Governmental Purchasing Co-
op; as well as an existing agreement with Carmeuse Lime and Stone is set to expire on October
31, 2020. New bid #20-21B was recently solicited, and an award needs to be approved so that
the City will have a vendor to furnish, deliver and discharge quicklime at the City’s Water
Treatment Plant.
Background:
The City utilizes quicklime in the Public Services Water Treatment Plant. The current agreement
with Lhoist will expire on October 31, 2020, and due to some requested industry-wide market
structural changes, we were unable to exercise any of the original contract renewal options. Price
adjustments under this agreement utilize several market indices, including several U. S.
Government indices, such as those issued by the Bureau of Labor Statistics, as well as several
industry-accepted privately published indices. As a result of market conditions, the existing
formula models were not accounting for actual labor costs incurred by all of the firms in the
Quicklime market, but our contract language did not provide the necessary flexibility to account
for the modification of the pricing model. Regarding the model factors that were adjusted, the
change with the greatest impact was the adjustment of the labor index used which was factoring
only actual labor wages, and did not to include a factor for fringe benefits. This omission has
created significant stress on the contractors, especially after benefit costs began to significantly
escalate a few years ago. There was alsoa change to the reporting location for diesel fuel from
West Texas to the Gulf Coast, since pricing in that region has tended to be more stable. Finally,
Lhoist was able to leverage a reduction in transportation costs through the use of privately-owned
rail cards rather than contracting with a public rail line.
The new Agreement provides language that will allow the City to review and modify model
changes in the future. Accordingly, bid #20-21B was solicited by formal advertisement in the Sun
Sentinel, publication on the City’s web-site via Bids and Tenders, as well as on DemandStar.com.
There were three (3) planholders that downloaded the bid, however, only two bids were submitted
from Lhoist and Carmeuse Lime and Stone. The bid response submitted by Lhoist provided the
lowest pricing for all but one item on the bid. As a result, it is being recommended that the bid
from Lhoist be awarded, and an Agreement executed on behalf of the City of Tamarac and on
behalf of an additional twenty-three (23) participating governmental agencies Co-op.
The bid response from Carmeuse Lime and Stone Inc. provided the lowest pricing for high
calcium granular lime used by the City of Hollywood Wastewater treatment plant. The cost
savings for the City of Hollywood by awarding one item to Carmeuse Lime and Stone will be
approximately $500,000 annually, justifying the split award.
The initial term of the Agreement will be for three (3) years, beginning on November 1, 2020, with
up to three (3) additional one (1) year renewals that may be exercised based on satisfactory
performance.
Section 5 of the Agreement provides that prices may be adjusted on a quarterly basis each
October 1st, January 1st, April 1st and July 1st if the vendor is able to provide substantive
documentation to support the request for increase. The Agreement utilizes a contract adjustment
model providing for pricing adjustments on a quarterly basis subject to verification of actual cost
changes for labor, raw materials (lime) production materials (coal) and fuel pricing. As mentioned
earlier, the model utilized previously has been modified to account for industry-wide changes;
however, it should be noted that the contract is structured in such a manner that we may see
reductions in certain quarters, which has been our experience in the past, which often occurs
due to reductions caused by de-escalating fuel and raw materials costs. Staff and other agencies
in the Co-op feel that our ability to maintain better control of costs has been significantly enhanced
through the institution of the current model. The pricing bid by both Lhoist and Carmeuse Lime
and Stone reflects an approximate increase of 11% for Lhoist and 4% for Carmeuse.
As in past years, the marketplace for Quicklime in South Florida is still very volatile. While
production capacities have increased, and fuel costs for both production and transportation have
been generally lower, our quicklime suppliers have been forced to purchase some of their raw
materials from further away, which has increased their overall raw materials and transportation
costs. The use of the quarterly model for price adjustments has actually resulted in a great deal
of price stability for the City and other Co-op Lhoist Lime users, as our current price of $252.69
per delivered ton is very attractive by comparison to recent current pricing being charged by
Lhoist in this area as shown in Chart 1 below for entities that require Lhoist to provide stable
annual pricing. The reason for the disparity between our pricing and the pricing charged to other
entities is that Lhoist and other suppliers must factor in a higher level of contract risk in order to
maintain firm pricing. Additionally, pricing can actually decrease as well for both the material and
delivery cost, as demonstrated in Chart 2 shown below.
Chart 1 -- Current Delivered Per Ton Pricing For Surrounding Entities:
Palm Beach County Utilities $392.24
Cities of Boynton Beach, Lake Worth Beach & Riviera Beach: $309.34 *
City of Naples $301.13
City of Tamarac – SE FL Co-op (as of July 1, 2020) $252.69
City of Tamarac – SE FL Co-op (effective Nov. 1, 2020) $284.80
Chart 2 – City Quicklime Pricing: October 2019 – September 2020
Date Material Cost/Ton Trans/Surcharges** Total Cost/Ton
October 1, 2019: $162.71 $105.11 $267.82
January 1, 2020: $161.49 $107.55 $269.04
April 1, 2020: $161.21 $106.83 $268.04
July 1, 2020: $147.26 $105.43 $252.69
*The Cities of Boynton Beach, Lake Worth Beach and Riviera Beach have joined the SE Florida Govt. Purchasing
Co-op Agreement for the first time with this Agreement. Each of the entities will be paying $284.80 per ton; and will
not renew their existing agreement at $309.34 per ton which will represent a significant savings as a result.
**Transportation charges are additionally adjusted based on a prescribed fuel surcharge formula for every $.05
increase or decrease in the price of fuel. Fuel charges have generally been under $4.00 for each quarter.
Accordingly, it is recommended that an award be made, and agreements executed with Lhoist
for the City of Tamarac, and on behalf of twenty-three (23) additional entities in the Co-op; and
with Carmeuse Lime & Stone, Inc., for high calcium granular quicklime for the City of Hollywood
for a period of three (3) years.
Fiscal Impact:
Based on our estimated use of approximately 1500 tons of quicklime, we anticipate that the cost of
lime will likely show see a slight increase of an additional 1%-- 5% based on the fact that the new
model represents a one-time increase of 11% and will only be subject to actual market changes
during the agreement, which we do not project to significantly increase over the initial three (3) year
contract period. Accordingly, we anticipate that our total expenditures for quicklime for FY21 will be
approximately $427,200, considering incremental changes throughout the year. It should be noted,
however, that any unanticipated change in fuel, raw material market prices or water usage patterns
may significantly impact our cost and quantity assumptions.
Cc: Jack Strain
Earl Henry
Anthony Licata
#AGENCY
DELIVERY
ADDRESS
ANNUAL
USAGE
PRICE PER
TON
FREIGHT
CHARGE
Delivered
Price Agency Total
PRICE PER
TON
FREIGHT
CHARGE
Delivered
Price Agency Total
1 Broward County
Dist. 1
3701 N State
Road 7
2500 No Bid No Bid No Bid No Bid 202.00$ $82.80 $284.80 $712,000.00
2 Broward County
Dist. 2
1390 NE 51 St.4500 No Bid No Bid No Bid No Bid 202.00$ $82.80 $284.80 $1,281,600.00
3 City of Coral
3800 NW 85th
1352 No Bid No Bid No Bid No Bid 202.00$ $82.80 $284.80 $385,049.60
4 Town of Davie 3500 NW 76th
Avenue
1000 No Bid No Bid No Bid No Bid 202.00$ $82.80 $284.80 $284,800.00
5 City of Dania
Beach
1201 Stirling
Road Dania
350 No Bid No Bid No Bid No Bid 202.00$ $82.80 $284.80 $99,680.00
6 City of Deerfield
Beach
290 Goolsby Blvd.
–West Plant
1415 No Bid No Bid No Bid No Bid 202.00$ $82.80 $284.80 $402,992.00
7 City of Fort
Lauderdale
949 NW 38th St.
Ft. Lauderdale
11500 No Bid No Bid No Bid No Bid 202.00$ $82.80 $284.80 $3,275,200.00
8 City of Hallandale
Bh
630 NW 6th
A
900 No Bid No Bid No Bid No Bid 202.00$ $ 82.8000 $284.80 $256,320.00
9 City of Lake
Worth Beach
301 College St.
Lake Worth
525 No Bid No Bid No Bid No Bid 202.00$ $ 82.8000 $284.80 $149,520.00
10 City of Lauderhill 2101 NW 49th
A
1825 No Bid No Bid No Bid No Bid 202.00$ $ 82.8000 $284.80 $519,760.00
11 City of North
Lauderdale
841 NW 71st
Avenue North
650 No Bid No Bid No Bid No Bid 202.00$ $ 82.8000 $284.80 $185,120.00
12 City of North 12098 NW 11th
1150 No Bid No Bid No Bid No Bid 202.00$ $ 82.8000 $284.80 $327,520.00
13 Village of Palm 360 David Road
l
600 No Bid No Bid No Bid No Bid 202.00$ $ 82.8000 $284.80 $170,880.00
14 Village of Palm
Springs
5618 Basil Drive
West Palm Beach
600 No Bid No Bid No Bid No Bid 202.00$ $ 82.8000 $284.80 $170,880.00
15 City of Pompano
Beach
City of Pompano
Beach
2200 No Bid No Bid No Bid No Bid 202.00$ $ 82.8000 $284.80 $626,560.00
16 City of Riviera
Beach
800 W. Blue
Heron Blvd.
Riviera Beach
588 No Bid No Bid No Bid No Bid 202.00$ $ 82.8000 $284.80 $167,462.40
20-21B - Furnish, Delivery and Discharge of Quicklime - Quote Form - Type 1 – Pebble Lime
Carmeuse Lime & Stone Lhoist North America of Alabama, LLC
TR13501 Exhibit 1
17 City of Sunrise 4350 Springtree
Drive Sunrise
2400 No Bid No Bid No Bid No Bid 202.00$ $ 82.8000 $284.80 $683,520.00
18 City of Sunrise 15400 Sludge Mill
Road Davie
600 No Bid No Bid No Bid No Bid 202.00$ $ 82.8000 $284.80 $170,880.00
19 Village of
Wellington
1100 Wellington
Trace Wellington
1330 No Bid No Bid No Bid No Bid 202.00$ $ 82.8000 $284.80 $378,784.00
Subtotal:$10,248,528.00
20-21B - Furnish, Delivery and Discharge of Quicklime - Quote Form - Type 1A -- Foundry/Rice Lime
#AGENCY
DELIVERY
ADDRESS
ANNUAL
USAGE
PRICE PER
TON
FREIGHT
CHARGE
Delivered
Price Agency Total
PRICE PER
TON
FREIGHT
CHARGE
Delivered
Price Agency Total
1
City of Boynton
Beach
124 E.
Woolbright Rd.
Boynton Beach 1685
No Bid No Bid No Bid No Bid
202.00$ 82.80$ 284.80$ 479,888.00$
2
City of Delray
Beach
201 SW 7th St.
Delray Beach 3650
No Bid No Bid No Bid No Bid
202.00$ 82.80$ 284.80$ 1,039,520.00$
3 City of Hollywood
3441 Hollywood
Blvd. Hollywood 2400
No Bid No Bid No Bid No Bid
202.00$ 82.80$ 284.80$ 683,520.00$
4 City of Margate
980 NW 66th Ave
Margate 2000
No Bid No Bid No Bid No Bid
202.00$ 82.80$ 284.80$ 569,600.00$
5
City of North
Miami Beach
19150 NW 8th
Ave Miami
Gardens 3000
No Bid No Bid No Bid No Bid
202.00$ 82.80$ 284.80$ 854,400.00$
6
City of Pembroke
Pines
7960 Johnson
Street Pembroke
Pines 4200
No Bid No Bid No Bid No Bid
202.00$ 82.80$ 284.80$ 1,196,160.00$
7 City of Tamarac
7803 NW 61st
Street Tamarac 1500
No Bid No Bid No Bid No Bid
202.00$ 82.80$ 284.80$ 427,200.00$
Carmeuse Lime & Stone Lhoist North America of Alabama, LLC
8
City of West Palm
Beach
1009 Banyan
Blvd. West Palm
Beach 5200
No Bid No Bid No Bid No Bid
202.00$ 82.80$ 284.80$ 1,480,960.00$
Subtotal:6,731,248.00$
#AGENCY DELIVERY ADDRESS
ANNUAL
USAGE
PRICE PER
TON
FREIGHT
CHARGE
Delivered
Price Agency Total
PRICE PER
TON
FREIGHT
CHARGE
Delivered
Price Agency Total
1 City of Hollywood Wastewater 1621
N14th Ave
Hollywood
5550 190.00$ 100.99$ 290.99$ 1,614,994.50$ 202.00$ 180.33$ 382.33$ 2,121,931.50$
Subtotal:1,614,994.50$ $2,121,931.50
1,614,994.50$ 16,979,776.00$ GRAND TOTAL AWARD
20-21B - Furnish, Delivery and Discharge of Quicklime - Quote Form - Type 2 – Hi CAL Granular
Carmeuse Lime & Stone Lhoist North America of Alabama, LLC
Keith K. Glatz
TR 13501 -- Exhibit 2
TR 13501 -- Exhibit 3
Order ID:6742699
Page 1 of 3
8/13/2020 9:38:29 AMPrinted:
GROSS PRICE * :$124.20
* Agency Commission not included
SSC Advertisement For BidsPACKAGE NAME:
Product(s): Sun Sentinel, Affidavit, Floridapublicnotices.com
AdSize(s):1 Column
Run Date(s):Sunday, August 16, 2020
Color Spec.B/W
Preview
Order ID:6742699
Page 2 of 3
8/13/2020 9:38:29 AMPrinted:
GROSS PRICE * :$124.20
* Agency Commission not included
SSC Advertisement For BidsPACKAGE NAME:
Order ID:6742699
Page 3 of 3
8/13/2020 9:38:29 AMPrinted:
GROSS PRICE * :$124.20
* Agency Commission not included
SSC Advertisement For BidsPACKAGE NAME:
20-21B - Furnish, Delivery and Discharge of Quicklime
Opening Date: August 12, 2020 5:45 PM
Closing Date: August 31, 2020 3:00 PM
Vendor Details
Company Name:Lhoist North America of Alabama, LLC
Address:
1479 Town Center Drive
Suite 229
Lakeland, Florida 33803
Contact:Elizabeth Hart
Email:elizabeth.hart@lhoist.com
Phone:863-644-9010
Fax:863-644-9030
HST#:
Submission Details
Created On:Tuesday August 25, 2020 08:57:58
Submitted On:Saturday August 29, 2020 14:15:06
Submitted By:Elizabeth Hart
Email:elizabeth.hart@lhoist.com
Transaction #:28c96c3f-ecff-4a4f-8a79-d49ffc6d798e
Submitter's IP Address:65.35.99.250
Bid Number: 20-21B Vendor Name: Lhoist North America of Alabama, LLC
Schedule of Prices
The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices,
and/or lump sums, hereinafter stated.
* Denotes a "MANDATORY" field
Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner.
If the line item and/or table is "NON-MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value.
All funds are to be submitted in USD currency.
Type 1 – Pebble Lime
We will not be submitting for Type 1 – Pebble Lime
#AGENCY DELIVERY ADDRESS ANNUAL USAGE PRICE PER TON *FREIGHT CHARGE *Agency Total
1 Broward County Dist. 1 3701 N State Road 7 2500 $202.0000 $82.8000 $ 712,000.00 *
2 Broward County Dist. 2 1390 NE 51 St.4500 $202.0000 $82.8000 $ 1,281,600.00 *
3 City of Coral Springs
Note: Must deliver between 8:00
AM and 4:00 PM Monday to
Friday ONLY.
3800 NW 85th Avenue, Coral Springs 1352 $202.0000 $82.8000 $ 385,049.60
*
4 Town of Davie 3500 NW 76th Avenue, Hollywood 1000 $202.0000 $82.8000 $ 284,800.00 *
5 City of Dania Beach 1201 Stirling Road, Dania Beach 350 $202.0000 $82.8000 $ 99,680.00 *
6 City of Deerfield Beach 290 Goolsby Blvd. – West Plant, Deerfield Beach 1415 $202.0000 $82.8000 $ 402,992.00 *
7 City of Fort Lauderdale
Must deliver between 7:00AM and
3:00 Daily.
949 NW 38th St., Ft. Lauderdale 11500 $202.0000 $82.8000 $ 3,275,200.00
*
8 City of Hallandale Beach
Delivery to be made by a tanker
truck @ 25 Tons/shipment. Lime
to be pneumatically transferred
from truck to silo. Delivery must
be within 3 days of order.
630 NW 6th Avenue, Hallandale 900 $202.0000 $82.8000 $ 256,320.00
*
9 City of Lake Worth Beach 301 College St., Lake Worth Beach 525 $202.0000 $82.8000 $ 149,520.00 *
10 City of Lauderhill 2101 NW 49th Avenue, Lauderhill 1825 $202.0000 $82.8000 $ 519,760.00 *
11 City of North Lauderdale 841 NW 71st Avenue, North Lauderdale 650 $202.0000 $82.8000 $ 185,120.00 *
12 City of North Miami 12098 NW 11th Ave, North Miami 1150 $202.0000 $82.8000 $ 327,520.00 *
13 Village of Palm Springs 360 David Road, Palm Springs 600 $202.0000 $82.8000 $ 170,880.00 *
14 Village of Palm Springs 5618 Basil Drive, West Palm Beach 600 $202.0000 $82.8000 $ 170,880.00 *
15 City of Pompano Beach City of Pompano Beach 2200 $202.0000 $82.8000 $ 626,560.00 *
16 City of Riviera Beach 800 W. Blue Heron Blvd., Riviera Beach 588 $202.0000 $82.8000 $ 167,462.40 *
17 City of Sunrise 4350 Springtree Drive, Sunrise 2400 $202.0000 $82.8000 $ 683,520.00 *
18 City of Sunrise 15400 Sludge Mill Road, Davie 600 $202.0000 $82.8000 $ 170,880.00 *
19 Village of Wellington 1100 Wellington Trace, Wellington 1330 $202.0000 $82.8000 $ 378,784.00 *
Subtotal:$ 10,248,528.00
Type 1A -- Foundry/Rice Lime
We will not be submitting for Type 1A -- Foundry/Rice Lime
#AGENCY DELIVERY ADDRESS ANNUAL USAGE PRICE PER TON *FREIGHT
CHARGE *Agency Total
1 City of Boynton Beach 124 E. Woolbright Rd., Boynton Beach 1685 $202.0000 $82.8000 $ 479,888.00
2 City of Delray Beach 201 SW 7th St., Delray Beach 3650 $202.0000 $82.8000 $ 1,039,520.00
3 City of Hollywood 3441 Hollywood Blvd., Hollywood 2400 $202.0000 $82.8000 $ 683,520.00
4 City of Margate 980 NW 66th Ave, Margate 2000 $202.0000 $82.8000 $ 569,600.00
5 City of North Miami Beach 19150 NW 8th Ave, Miami Gardens 3000 $202.0000 $82.8000 $ 854,400.00
6 City of Pembroke Pines 7960 Johnson Street, Pembroke Pines 4200 $202.0000 $82.8000 $ 1,196,160.00
7 City of Tamarac 7803 NW 61st Street, Tamarac 1500 $202.0000 $82.8000 $ 427,200.00
8 City of West Palm Beach 1009 Banyan Blvd., West Palm Beach 5200 $202.0000 $82.8000 $ 1,480,960.00
Subtotal:$ 6,731,248.00
Type 2 – Hi CAL Granular
We will not be submitting for Type 2 – Hi CAL Granular
#AGENCY DELIVERY ADDRESS ANNUAL USAGE PRICE PER TON *FREIGHT CHARGE *Agency Total
1 City of Hollywood Wastewater, 1621 N14th Ave, Hollywood 5550 $202.0000 $180.3300 $ 2,121,931.50
Subtotal:$ 2,121,931.50
Bid Number: 20-21B Vendor Name: Lhoist North America of Alabama, LLC
Summary Table
Bid Form Amount
Type 1 – Pebble Lime $ 10,248,528.00
Type 1A -- Foundry/Rice Lime $ 6,731,248.00
Type 2 – Hi CAL Granular $ 2,121,931.50
Subtotal Contract Amount:$ 19,101,707.50
Bid Questions
TERMS:______% (percent discount, if any, if
payment made within______ DAYS; otherwise, terms
are NET 30 days.
No Discount. Payment terms net 30 days.
The City of Tamarac desires to have the ability to use
a city credit card for payment. Will your firm accept a
Visa credit card as payment from the City of
Tamarac? TYPE: YES or NO
No - only on COD accounts.
Does the firm produce the lime being sold? TYPE:
YES or NO If yes, provide detailed information
regarding your production facilities in your narrative
response to be uploaded herein. If no, please provide
detailed information regarding the following in your
narrative response to be uploaded herein: - The
source of your lime, and - The specific point(s) of
origin for the production of lime to be provided under
the Agreement, and - The staging area(s) for lime
deliveries to CO-OP Members, including the capacity
of staging area(s) expressed in tons.
Yes
Provide detailed information on your firm’s method for
distributing the lime to CO-OP Members.
Lime will be shipped via rail from manufacturing point in AL to distribution terminals in South Florida (Pompano and Ft. Lauderdale). Lime is
unloaded into silos and then loaded into pneumatic tankers for delivery to customers' silos.
The City may request the firm’s most recently
completed audited financial statement to determine
the firm’s ability to meet the obligations of the CO-OP
Agreement. Are you able to provide this information if
requested by the City? TYPE: Yes or No
Yes
Specifications
CERTIFICATION
We (I), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (I) certify that we (I) have read the entire document, including the
Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the
requirements of the entire Invitation to Bid.
Indicate which type of organization below:
Indicate which type of
organization *Company Name *Address *Telephone *City *State *ZIP *
Contractor’s
License
Number *
Federal Tax ID
Number *
Email address
for above
signer *
OTHER Lhoist North
America of AL,
LLC
1479 Town
Center Drive,
Suite 229,
Lakeland, FL
33803
3146144950 Lakeland FL 33813 M09000001425 63-1002780 dale.james@lho
ist.com
Bid Number: 20-21B Vendor Name: Lhoist North America of Alabama, LLC
VENDOR DRUG-FREE WORKPLACE
Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida
Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows:
IDENTICAL TIE BIDS - Preference may be given to businesses with drug-free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and
service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has
implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied
vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:
Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
1. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
2. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).
3. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee
will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any
controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after each conviction.
4. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any
employee who is so convicted.
5. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this
form complies fully with the above requirements.
I Hereby Acknowledge the Drug Free Information Above and Will Abide by Everything Outlined in this Section *
Yes
No *
BIDDER’S QUALIFICATION STATEMENT
Line
Item
How many years has your organization
been in business under its present
name? *
If Vendor is
operating
under
Fictitious
Name,
submit
evidence of
compliance
with Florida
Fictitious
Name
Statute:
Under what former
name(s) has your
business operated? Also
List former address(es)
of that business (if any). *
Have you
ever been
debarred or
suspended
from doing
business
with any
government
al entity? If
Yes,
Explain *
Are you
Certified? If
Yes, attach
copy of
Certification
to Package *
Are you
Licensed? If
Yes, attach
copy of
License to
Package *
Has your
company
ever
declared
bankruptcy?
*
If Yes,
explain: *
Are you a
Sales
Representati
ve of the
commodities
/services bid
upon? *
Have you
ever
received a
contract or a
purchase
order from
the City of
Tamarac or
other
government
al entity? *
1 9 N/A Chemical Lime Company No Yes
No
Yes
No
Yes
No
No Manufacturer Yes
No *
Bid Number: 20-21B Vendor Name: Lhoist North America of Alabama, LLC
Scrutinized Companies and Boycott of Israel
I certify that my company will not:
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel List; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the .Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and
5. Has not engaged in business operations in Syria.
Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the
false certification. The Contractor shall have ninety (90) days following rece!ipt of the notice to respond in writing and demonstrate that the determination of false certification was
made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract
and seek civil remedies pursuant to florida Statute§ 287.135. Section 287.135, Florida Statutes, prohibits the City from:
1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is
on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and
2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list,
created pursuant to s. 215.473, or are engaged in business operations in Syria.
As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any
boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy
Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject
the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if
the company is found to have submitted a false certification or has been placed oin the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List.
I Hereby Acknowledge the Scrutinized Companies -- 287.135 and 215.473 Information Below and Will Abide by Everything Outlined in this Section *
Yes
No *
By execution of this Agreement, Contractor certifies that the Contractor is not participating in a boycott of Israel. The Contractor further certifies that Contractor is not on the
Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or has the Contractor been engaged in business operations in Cuba or Syria. Subject to limited exceptions provided in state law, the City will not
contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The
City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have five (5) days from receipt of notice to
refute the false certification allegation. If such false certification is discovered during the active contract term, the Contractor shall have ninety (90) days following receipt of the
notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of
false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended
from time to time.
Firm's Primary Ownership
Line
Item
Which of the following
best describes the gender
of your firm’s primary
owner (at least 51%
ownership): *
Which of the following best
describes the ethnicity of your firm’s
primary owner (at least 51%
ownership): *
Please select the current certification your firm
holds: (*NOTE Proof of Certification must be
included in Document Upload Section)
Indicate the agency or agencies that
have granted the certification to your
firm: *
If Other Please
Enter Information
Here: (If NONE
Enter the word
"NONE")
1 Equally-owned (Female and
Male)
Caucasian/White None Other NONE *
APPENDIX A - PART 1 - CONTRACTOR PASS REQUEST CONTACT INFORMATION
Vendor Name *Vendor Address *Vendor Contact Name: *Vendor Contact Telephone No. *
Southern Tank 800 West McNab Road, Fort
Lauderdale, FL 33309
Matthew Sweatman 954-533-6795
Southern Tank 800 West McNab Road, Fort
Lauderdale, FL
Matthew Sweatman 954-533-6795 *
APPENDIX A - PART 2 -- CONTRACTOR PASS REQUEST - LIST OF CONTRACTOR EMPLOYEES REQUIRING ACCESS TO FACILITIES
Name *Work to Be Performed *
Santos George Quicklime Driver *
Glover Gilley Quicklime Driver
Hayden Gayle Quicklime Driver
Franklyn Ulysses Quicklime Driver
Matthew Sweatman Manager and Quicklime Driver
Bid Number: 20-21B Vendor Name: Lhoist North America of Alabama, LLC
References
REFERENCES
Please list government agencies and/or private firms with whom you have done business during the last five years:
Line Item Company Name *Legal Address *Contact Name *Phone Number *Email Address *
1 City of Lakeland 1501 West Bella Vista Street
Lakeland, Florida 33805
Joseph Costine 863-834-6750 Joseph.Costine@lakelandgov.net *
2 City of West Palm Beach 401 Clematis Street, 5th Floor
West Palm Beach, FL 33401
Mona Wamsley 561-494-1055 rwamsley@wpb.org *
3 Palm Beach County COOP 100 E. Boynton Beach Blvd
Boynton Beach, FL 33435
Julianne Alibrandi 561-742-6322 AlibrandiJ@bbfl.us *
4 City of Naples 1000 Fleischmand Blvd
Naples, FL 34102
Gerald Secory 239-213-7100 jsecory@naplesgov.com *
5 City of Orlando 6001 Iron Bridge Circle
Orlando, Florida 32765
Diane Tisdell 407-246-2563 Diane.Tisdell@orlandogov.org *
Documents
It is your responsibility to make sure the uploaded file(s) is/are not defective or corrupted and are able to be opened and viewed by the Owner. If the attached file(s) cannot be
opened or viewed, your Bid Call Document may be rejected.
Non-Collusive Affidavit & Acknowledgement Non-Collusive Affidavit - TAMARAC NON-COLLUSIVE AFFIDAVIT.pdf - Friday August 28, 2020 14:14:21
Certified Resolution - TAMARAC CERTIFIED RESOLUTION.pdf - Friday August 28, 2020 13:48:40
Certificate of Insurance Proof of Compliance with Requirements - COI THE CITY OF TAMARAC_2947859_64.pdf - Thursday August 27, 2020 09:10:45
W9 Form - LNA_AL 2020 W-9.pdf - Thursday August 27, 2020 09:09:12
Vendor Narrative to address any issues as requested in the bid document - Pricing Formula and Proposed Exceptions _ Tamarac.pdf - Friday August 28, 2020 14:22:46
Bid Number: 20-21B Vendor Name: Lhoist North America of Alabama, LLC
Addenda, Terms and Conditions
B. STANDARD TERMS & CONDITIONS
These standard terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Quotes, Request for Bids
and Request for Proposals. As such the words "bid" and "proposal" are used interchangeably in reference to all offers submitted by prospective Proposers. Any and all special
conditions in this ITB or any sample agreement document that may be in variance or conflict with these Standard Terms and Conditions shall have precedence over these
Standard Terms and Conditions. If no changes or deletions to Standard Terms and Conditions are made in any Special Conditions which may be contained herein, or in the
Scope of Work, then the Standard Terms and Conditions shall prevail in their entirety.
1. PERFORMANCE
Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirements of the Bid shall be just cause for cancellation of the Bid award;
notwithstanding any additional requirements enumerated in the Special conditions herein relating to performance based contracting. The City may, by written notice to the Bidder,
terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance.
2. CONDITIONS OF MATERIALS
All materials and products supplied by the Bidder in conjunction with this Bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and
consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be
defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City.
Successful Bidder shall furnish all guarantees and warranties to the Purchasing Division prior to final acceptance and payment. The warranty period shall commence upon final
acceptance of the product.
3. COPYRIGHTS OR PATENT RIGHTS
The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this Bid. The
seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation.
4. SAFETY STANDARDS
The Bidder warrants that the product(s) supplied to the City conform with all respects to the standards set forth in the Occupational Safety and Health Act of 1970 as amended,
and shall be in compliance with Chapter 442, Florida Statutes as well as any industry standards, if applicable. Any toxic substance listed in Section 38F-41.03 of the Florida
Administrative Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sheet (MSDS).
5. INSPECTION
The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these
specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the
successful vendor.
6. TERMINATION
a. DEFAULT: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or
fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30)
days after receipt by Contractor of written notice of such neglect or failure.
b. TERMINATION FOR CONVENIENCE OF CITY: Notwithstanding any additional requirements for performance based contracting contained in the special conditions
herein, the final Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Contractor for such termination in
which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event
that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination.
c. FUNDING OUT:This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City
Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement and is subject to termination based on lack of funding.
7. ASSIGNMENT
The Bidder shall not transfer or assign the performance required by this Bid without the prior written consent of the City. Any award issued pursuant to this Bid and monies that
may become due hereunder are not assignable except with prior written approval of the City. For purposes of this Agreement, any change of ownership of the proposer shall
constitute an assignment which requires City approval. However, this Agreement shall run to the benefit of the City and its successors and assigns.
8. EMPLOYEES
Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City. The Bidder shall supply competent and physically capable
employees. The City may require the Bidder to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Proposer shall be responsible to
the City for the acts and omissions of all employees working under its directions.
9. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT
During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex
including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The
Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including
pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions
must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its
employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further
agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause.
10. INSURANCE REQUIREMENTS
Bidder agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted
during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein.
Bidder shall obtain at Bidder’s expense all necessary insurance in such form and amount as required by the City’s Risk & Safety Officer before beginning work under this
Agreement. Proposer shall maintain such insurance in full force and effect during the life of this Agreement. Proposer shall provide to the City’s Risk & Safety Officer certificates of
all insurance required under this section prior to beginning any work under this Agreement. Proposer shall indemnify and save the City harmless from any damage resulting to it for
Bid Number: 20-21B Vendor Name: Lhoist North America of Alabama, LLC
failure of either Proposer or any subcontractor to obtain or maintain such insurance.
The following are required types and minimum limits of insurance coverage, which the Proposer agrees to maintain during the term of this contract:
General Liability - $1M per occ. / $2M aggregate
Automobile – $1M per occ. / $1M aggregate
Workers Comp – Statutory
The City reserves the right to require higher limits depending upon the scope of work under this Agreement.
Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with
evidence of such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will
maintain the necessary coverage throughout the term of this Agreement.
All insurance carriers shall be rated at least A-VII per A.M. Best’s Key Rating Guide and be licensed to do business in Florida. Policies shall be ”Occurrence” form. Each carrier will
give the City sixty (60) days notice prior to cancellation.
The Bidder’s liability insurance policies shall be endorsed to add the City of Tamarac as an “additional insured”. The Bidder’s Worker’s Compensation carrier will provide a Waiver
of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self-insured retentions.
The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self-insured retention. If the Bidder is to provide professional services. The City
reserves the right to request the successful Bidder to provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence
and in the aggregate. “Claims-Made” forms are acceptable for Professional Liability insurance in the event that the successful Proposer provides professional services as agreed
upon with City.
Contractor shall at a minimum, provide the level of coverage provided as stated in Section 10 “Insurance” of the Standard Terms and Conditions herein of this Agreement to any
other organization in the Southeast Florida Governmental Purchasing Cooperative, and shall provide those agencies with their own Certificate of Insurance to validate coverage
for their entity. Insurance coverage for other agencies within the Co-op shall apply only to those agencies individually.
11 . INDEMNIFICATION
The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and
expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by,
resulting from, arising out of or occurring in connection with the operations of the Proposer or his Subcontractors, agents, officers, employees or independent contractors,
excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or
appointed officials and employees. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated
therewith shall be the responsibility of Contractor under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive City's rights and
immunities under the common law or Florida Statute 768.28 as amended from time to time.
12. INDEPENDENT CONTRACTOR
An Agreement resulting from this solicitation does not create an employee/employer relationship between the parties. It is the intent of the Parties that the Contractor is an
independent contractor under this Agreement and not the City’s employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum
wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the
State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means
of carrying out Contractor’s activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under any potential
Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of
Contractor’s funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that
it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. Any potential Agreement shall not be construed as creating
any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid
minimum wages and/or overtime premiums.
13. SCRUTINIZED COMPANIES F.S. 287.135 and 215.473
Bidder must certify that the company is not participating in a boycott of Israel. Bidder must also certify that Bidder is not on the Scrutinized Companies that Boycott Israel list, not
on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has been engaged in
business operations in Cuba or Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized
company referred to above. Bidder must submit the certification that is attached to this contract. Submitting a false certification shall be deemed a material breach of contract. The
City shall provide notice, in writing, to the Bidder of the City's determination concerning the false certification. The Bidder shall have five (5) days from receipt of notice to refute the
false certification allegation. If such false certification is discovered during the active contract term, the Bidder shall have ninety (90) days following receipt of the notice to respond
in writing and demonstrate that the determination of false certification was made in error. If the Bidder does not demonstrate that the City's determination of false certification was
made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time.
14. RECORDS/AUDITS
14.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The successful Bidder shall comply with Florida’s Public Records Law. Specifically, the
Contractor shall:
14.1.1 Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service;
14.1.2 Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that
provided in chapter 119, Fla. Stat., or as otherwise provided by law;
14.1.3 Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and
14.1.4 Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the
information technology systems of the agency. The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this
Agreement and the City shall enforce any available contract remedies in force including termination of the Agreement.
14.2 During the term of the contract, the successful Bidder shall maintain all books, reports and records in accordance with generally accepted accounting practices and
standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City’s Auditor. The successful Bidder agrees to
make available to the City’s Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this
Bid Number: 20-21B Vendor Name: Lhoist North America of Alabama, LLC
contract.
15. UNBALANCED BIDS
When a unit price Bid has variable or estimated quantities, and the Bid shows evidence of unbalanced Bid pricing, such Bid may be rejected.
16. UNIT PRICES
Where a discrepancy between unit price and total price is indicated on a Proposer’s submitted Schedule of Bid Prices or Price Bid Form, the unit prices shall prevail.
17. VENUE
Any Agreement resulting from this solicitation shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this
agreement is fixed in Broward County, Florida.
18. CUSTODIAN OF RECORDS
IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
CITY CLERK
7525 NW 88th AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK@TAMARAC.ORG
Remainder of Page Intentionally Blank
We (I), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Request of Quotation. We (I) certify that we(I) have read the entire document, including
the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of
the requirements of the entire Request for Quotation - Dale James, Sales Manager, Lhoist North America of Alabama, LLC
The bidder shall declare any potential conflict of interest that could arise from bidding
on this bid. Do you have a potential conflict of interest? Yes No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document
Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
File Name
I have reviewed the
below addendum and
attachments (if
applicable)
Pages
There have not been any addenda issued for this bid.
Bid Number: 20-21B Vendor Name: Lhoist North America of Alabama, LLC
Bid Number: 20-21B Vendor Name: Lhoist North America of Alabama, LLC
20-21B - Furnish, Delivery and Discharge of Quicklime
Opening Date: August 12, 2020 5:45 PM
Closing Date: August 31, 2020 3:00 PM
Vendor Details
Company Name:Carmeuse Lime & Stone
Does your company conduct
business under any other name? If
yes, please state:
PA
Address:
11 Stanwix Street
Pittsburgh, PA 15222
Contact:Jeff McElhinny
Email:jeff.mcelhinny@carmeuse.com
Phone:412-995-2025
Fax:412-995-2025
HST#:25-1254420
Submission Details
Created On:Tuesday August 18, 2020 10:38:56
Submitted On:Friday August 21, 2020 14:38:56
Submitted By:Jeff McElhinny
Email:jeff.mcelhinny@carmeuse.com
Transaction #:12b06e15-86a9-472e-a0bf-55c0b79b0203
Submitter's IP Address:12.91.164.154
Bid Number: 20-21B Vendor Name: Carmeuse Lime & Stone
Schedule of Prices
The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices,
and/or lump sums, hereinafter stated.
* Denotes a "MANDATORY" field
Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner.
If the line item and/or table is "NON-MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value.
All funds are to be submitted in USD currency.
Type 1 – Pebble Lime
We will not be submitting for Type 1 – Pebble Lime
#AGENCY DELIVERY ADDRESS ANNUAL USAGE PRICE PER TON *FREIGHT CHARGE *Agency Total
1 Broward County Dist. 1 3701 N State Road 7 2500 *
2 Broward County Dist. 2 1390 NE 51 St.4500 *
3 City of Coral Springs
Note: Must deliver between 8:00
AM and 4:00 PM Monday to
Friday ONLY.
3800 NW 85th Avenue, Coral Springs 1352
*
4 Town of Davie 3500 NW 76th Avenue, Hollywood 1000 *
5 City of Dania Beach 1201 Stirling Road, Dania Beach 350 *
6 City of Deerfield Beach 290 Goolsby Blvd. – West Plant, Deerfield Beach 1415 *
7 City of Fort Lauderdale
Must deliver between 7:00AM and
3:00 Daily.
949 NW 38th St., Ft. Lauderdale 11500
*
8 City of Hallandale Beach
Delivery to be made by a tanker
truck @ 25 Tons/shipment. Lime
to be pneumatically transferred
from truck to silo. Delivery must
be within 3 days of order.
630 NW 6th Avenue, Hallandale 900
*
9 City of Lake Worth Beach 301 College St., Lake Worth Beach 525 *
10 City of Lauderhill 2101 NW 49th Avenue, Lauderhill 1825 *
11 City of North Lauderdale 841 NW 71st Avenue, North Lauderdale 650 *
12 City of North Miami 12098 NW 11th Ave, North Miami 1150 *
13 Village of Palm Springs 360 David Road, Palm Springs 600 *
14 Village of Palm Springs 5618 Basil Drive, West Palm Beach 600 *
15 City of Pompano Beach City of Pompano Beach 2200 *
16 City of Riviera Beach 800 W. Blue Heron Blvd., Riviera Beach 588 *
17 City of Sunrise 4350 Springtree Drive, Sunrise 2400 *
18 City of Sunrise 15400 Sludge Mill Road, Davie 600 *
19 Village of Wellington 1100 Wellington Trace, Wellington 1330 *
Subtotal:Not Submitting
Type 1A -- Foundry/Rice Lime
We will not be submitting for Type 1A -- Foundry/Rice Lime
#AGENCY DELIVERY ADDRESS ANNUAL USAGE PRICE PER TON *FREIGHT
CHARGE *Agency Total
1 City of Boynton Beach 124 E. Woolbright Rd., Boynton Beach 1685
2 City of Delray Beach 201 SW 7th St., Delray Beach 3650
3 City of Hollywood 3441 Hollywood Blvd., Hollywood 2400
4 City of Margate 980 NW 66th Ave, Margate 2000
5 City of North Miami Beach 19150 NW 8th Ave, Miami Gardens 3000
6 City of Pembroke Pines 7960 Johnson Street, Pembroke Pines 4200
7 City of Tamarac 7803 NW 61st Street, Tamarac 1500
8 City of West Palm Beach 1009 Banyan Blvd., West Palm Beach 5200
Subtotal:Not Submitting
Type 2 – Hi CAL Granular
We will not be submitting for Type 2 – Hi CAL Granular
#AGENCY DELIVERY ADDRESS ANNUAL USAGE PRICE PER TON *FREIGHT CHARGE *Agency Total
1 City of Hollywood Wastewater, 1621 N14th Ave, Hollywood 5550 $190.0000 $100.9900 $ 1,614,994.50
Subtotal:$ 1,614,994.50
Bid Number: 20-21B Vendor Name: Carmeuse Lime & Stone
Summary Table
Bid Form Amount
Type 1 – Pebble Lime Not Submitting
Type 1A -- Foundry/Rice Lime Not Submitting
Type 2 – Hi CAL Granular $ 1,614,994.50
Subtotal Contract Amount:$ 1,614,994.50
Bid Questions
TERMS:______% (percent discount, if any, if
payment made within______ DAYS; otherwise, terms
are NET 30 days.
net 30, no discount for early payment
The City of Tamarac desires to have the ability to use
a city credit card for payment. Will your firm accept a
Visa credit card as payment from the City of
Tamarac? TYPE: YES or NO
NO
Does the firm produce the lime being sold? TYPE:
YES or NO If yes, provide detailed information
regarding your production facilities in your narrative
response to be uploaded herein. If no, please provide
detailed information regarding the following in your
narrative response to be uploaded herein: - The
source of your lime, and - The specific point(s) of
origin for the production of lime to be provided under
the Agreement, and - The staging area(s) for lime
deliveries to CO-OP Members, including the capacity
of staging area(s) expressed in tons.
YES, we have a facility that quarries and calcines the lime in question in Saginaw, Alabama. The material is transported from there to one of
several terminals within Florida. Most of our supply will come out of our Pompano terminal.
Provide detailed information on your firm’s method for
distributing the lime to CO-OP Members.We only have capacity to bid on the Type-2 HiCal for Hollywood, FL WWTP.
The City may request the firm’s most recently
completed audited financial statement to determine
the firm’s ability to meet the obligations of the CO-OP
Agreement. Are you able to provide this information if
requested by the City? TYPE: Yes or No
NO, we are a private corporation.
Specifications
CERTIFICATION
We (I), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (I) certify that we (I) have read the entire document, including the
Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the
requirements of the entire Invitation to Bid.
Indicate which type of organization below:
Indicate which type of
organization *Company Name *Address *Telephone *City *State *ZIP *
Contractor’s
License
Number *
Federal Tax ID
Number *
Email address
for above
signer *
CORPORATION Carmeuse Lime
& Stone
11 Stanwix St,
21st flr
4129952025 Pittsburgh PA 15222 N/A 25-1254420 salesinquiries@
carmeuse.com
Bid Number: 20-21B Vendor Name: Carmeuse Lime & Stone
VENDOR DRUG-FREE WORKPLACE
Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida
Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows:
IDENTICAL TIE BIDS - Preference may be given to businesses with drug-free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and
service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has
implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied
vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:
Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
1. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
2. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).
3. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee
will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any
controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after each conviction.
4. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any
employee who is so convicted.
5. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this
form complies fully with the above requirements.
I Hereby Acknowledge the Drug Free Information Above and Will Abide by Everything Outlined in this Section *
Yes
No *
BIDDER’S QUALIFICATION STATEMENT
Line
Item
How many years has your organization
been in business under its present
name? *
If Vendor is
operating
under
Fictitious
Name,
submit
evidence of
compliance
with Florida
Fictitious
Name
Statute:
Under what former
name(s) has your
business operated? Also
List former address(es)
of that business (if any). *
Have you
ever been
debarred or
suspended
from doing
business
with any
government
al entity? If
Yes,
Explain *
Are you
Certified? If
Yes, attach
copy of
Certification
to Package *
Are you
Licensed? If
Yes, attach
copy of
License to
Package *
Has your
company
ever
declared
bankruptcy?
*
If Yes,
explain: *
Are you a
Sales
Representati
ve of the
commodities
/services bid
upon? *
Have you
ever
received a
contract or a
purchase
order from
the City of
Tamarac or
other
government
al entity? *
1 160 None None No Yes
No
Yes
No
Yes
No
N/A Manufacturer Yes
No *
Bid Number: 20-21B Vendor Name: Carmeuse Lime & Stone
Scrutinized Companies and Boycott of Israel
I certify that my company will not:
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel List; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the .Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and
5. Has not engaged in business operations in Syria.
Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the
false certification. The Contractor shall have ninety (90) days following rece!ipt of the notice to respond in writing and demonstrate that the determination of false certification was
made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract
and seek civil remedies pursuant to florida Statute§ 287.135. Section 287.135, Florida Statutes, prohibits the City from:
1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is
on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and
2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list,
created pursuant to s. 215.473, or are engaged in business operations in Syria.
As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any
boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy
Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject
the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if
the company is found to have submitted a false certification or has been placed oin the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List.
I Hereby Acknowledge the Scrutinized Companies -- 287.135 and 215.473 Information Below and Will Abide by Everything Outlined in this Section *
Yes
No *
By execution of this Agreement, Contractor certifies that the Contractor is not participating in a boycott of Israel. The Contractor further certifies that Contractor is not on the
Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or has the Contractor been engaged in business operations in Cuba or Syria. Subject to limited exceptions provided in state law, the City will not
contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The
City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have five (5) days from receipt of notice to
refute the false certification allegation. If such false certification is discovered during the active contract term, the Contractor shall have ninety (90) days following receipt of the
notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of
false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended
from time to time.
Firm's Primary Ownership
Line
Item
Which of the following
best describes the gender
of your firm’s primary
owner (at least 51%
ownership): *
Which of the following best
describes the ethnicity of your firm’s
primary owner (at least 51%
ownership): *
Please select the current certification your firm
holds: (*NOTE Proof of Certification must be
included in Document Upload Section)
Indicate the agency or agencies that
have granted the certification to your
firm: *
If Other Please
Enter Information
Here: (If NONE
Enter the word
"NONE")
1 Not Applicable Caucasian/White None Other None *
APPENDIX A - PART 1 - CONTRACTOR PASS REQUEST CONTACT INFORMATION
Vendor Name *Vendor Address *Vendor Contact Name: *Vendor Contact Telephone No. *
Walpole 269 NW 9th St, Okeechobee,
FL 34972
John Cincotta 813-623-1702
N/A N/A N/A N/A *
APPENDIX A - PART 2 -- CONTRACTOR PASS REQUEST - LIST OF CONTRACTOR EMPLOYEES REQUIRING ACCESS TO FACILITIES
Name *Work to Be Performed *
Walpole Delivery of Lime *
References
REFERENCES
Please list government agencies and/or private firms with whom you have done business during the last five years:
Line Item Company Name *Legal Address *Contact Name *Phone Number *Email Address *
1 Miami Dade Water 111 NW 1st Street, Miami, FL
33128
Herman Ramsey 305-375-2851 Unknown *
2 City of Boca Raton 201 West Palmetto Park Rd,
Boca Raton, FL 33432
Sean Sexton 561-338-7324 Unknown *
3 Tampa Bay Water 2575 Enterprise Rd, Clearwater,
FL 33763
Ken Enlow 813-626-8708 ext. 239 Unknown *
4 City of Hollywood 3441 Hollywood Blvd,
Hollywood, FL 33020
Ralph Dierks 954-921-3223 Unknown *
5 City of Palm Bay, FL 1103 Troutman Blvd NE Susan Blair 321-952-3424 ext. 3229 Unknown *
Bid Number: 20-21B Vendor Name: Carmeuse Lime & Stone
Documents
It is your responsibility to make sure the uploaded file(s) is/are not defective or corrupted and are able to be opened and viewed by the Owner. If the attached file(s) cannot be
opened or viewed, your Bid Call Document may be rejected.
Non-Collusive Affidavit & Acknowledgement Non-Collusive Affidavit - NON-COLLUSIVE AFFIDAVIT - signed.pdf - Friday August 21, 2020 14:32:08
Certified Resolution - Carmeuse Lime & Stone Inc Officers and Directors Resolution 2019 FINAL.pdf - Tuesday August 18, 2020 11:20:59
Certificate of Insurance Proof of Compliance with Requirements - City of Hollywood COI.pdf - Tuesday August 18, 2020 11:24:58
W9 Form - W-9 Carmeuse Lime & Stone Inc.pdf - Tuesday August 18, 2020 11:21:23
Vendor Narrative to address any issues as requested in the bid document - Vendor Narrative.pdf - Friday August 21, 2020 14:37:18
Bid Number: 20-21B Vendor Name: Carmeuse Lime & Stone
Addenda, Terms and Conditions
B. STANDARD TERMS & CONDITIONS
These standard terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Quotes, Request for Bids
and Request for Proposals. As such the words "bid" and "proposal" are used interchangeably in reference to all offers submitted by prospective Proposers. Any and all special
conditions in this ITB or any sample agreement document that may be in variance or conflict with these Standard Terms and Conditions shall have precedence over these
Standard Terms and Conditions. If no changes or deletions to Standard Terms and Conditions are made in any Special Conditions which may be contained herein, or in the
Scope of Work, then the Standard Terms and Conditions shall prevail in their entirety.
1. PERFORMANCE
Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirements of the Bid shall be just cause for cancellation of the Bid award;
notwithstanding any additional requirements enumerated in the Special conditions herein relating to performance based contracting. The City may, by written notice to the Bidder,
terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance.
2. CONDITIONS OF MATERIALS
All materials and products supplied by the Bidder in conjunction with this Bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and
consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be
defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City.
Successful Bidder shall furnish all guarantees and warranties to the Purchasing Division prior to final acceptance and payment. The warranty period shall commence upon final
acceptance of the product.
3. COPYRIGHTS OR PATENT RIGHTS
The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this Bid. The
seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation.
4. SAFETY STANDARDS
The Bidder warrants that the product(s) supplied to the City conform with all respects to the standards set forth in the Occupational Safety and Health Act of 1970 as amended,
and shall be in compliance with Chapter 442, Florida Statutes as well as any industry standards, if applicable. Any toxic substance listed in Section 38F-41.03 of the Florida
Administrative Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sheet (MSDS).
5. INSPECTION
The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these
specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the
successful vendor.
6. TERMINATION
a. DEFAULT: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or
fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30)
days after receipt by Contractor of written notice of such neglect or failure.
b. TERMINATION FOR CONVENIENCE OF CITY: Notwithstanding any additional requirements for performance based contracting contained in the special conditions
herein, the final Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Contractor for such termination in
which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event
that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination.
c. FUNDING OUT:This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City
Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement and is subject to termination based on lack of funding.
7. ASSIGNMENT
The Bidder shall not transfer or assign the performance required by this Bid without the prior written consent of the City. Any award issued pursuant to this Bid and monies that
may become due hereunder are not assignable except with prior written approval of the City. For purposes of this Agreement, any change of ownership of the proposer shall
constitute an assignment which requires City approval. However, this Agreement shall run to the benefit of the City and its successors and assigns.
8. EMPLOYEES
Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City. The Bidder shall supply competent and physically capable
employees. The City may require the Bidder to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Proposer shall be responsible to
the City for the acts and omissions of all employees working under its directions.
9. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT
During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex
including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The
Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including
pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions
must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its
employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further
agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause.
10. INSURANCE REQUIREMENTS
Bidder agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted
during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein.
Bidder shall obtain at Bidder’s expense all necessary insurance in such form and amount as required by the City’s Risk & Safety Officer before beginning work under this
Agreement. Proposer shall maintain such insurance in full force and effect during the life of this Agreement. Proposer shall provide to the City’s Risk & Safety Officer certificates of
all insurance required under this section prior to beginning any work under this Agreement. Proposer shall indemnify and save the City harmless from any damage resulting to it for
Bid Number: 20-21B Vendor Name: Carmeuse Lime & Stone
failure of either Proposer or any subcontractor to obtain or maintain such insurance.
The following are required types and minimum limits of insurance coverage, which the Proposer agrees to maintain during the term of this contract:
General Liability - $1M per occ. / $2M aggregate
Automobile – $1M per occ. / $1M aggregate
Workers Comp – Statutory
The City reserves the right to require higher limits depending upon the scope of work under this Agreement.
Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with
evidence of such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will
maintain the necessary coverage throughout the term of this Agreement.
All insurance carriers shall be rated at least A-VII per A.M. Best’s Key Rating Guide and be licensed to do business in Florida. Policies shall be ”Occurrence” form. Each carrier will
give the City sixty (60) days notice prior to cancellation.
The Bidder’s liability insurance policies shall be endorsed to add the City of Tamarac as an “additional insured”. The Bidder’s Worker’s Compensation carrier will provide a Waiver
of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self-insured retentions.
The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self-insured retention. If the Bidder is to provide professional services. The City
reserves the right to request the successful Bidder to provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence
and in the aggregate. “Claims-Made” forms are acceptable for Professional Liability insurance in the event that the successful Proposer provides professional services as agreed
upon with City.
Contractor shall at a minimum, provide the level of coverage provided as stated in Section 10 “Insurance” of the Standard Terms and Conditions herein of this Agreement to any
other organization in the Southeast Florida Governmental Purchasing Cooperative, and shall provide those agencies with their own Certificate of Insurance to validate coverage
for their entity. Insurance coverage for other agencies within the Co-op shall apply only to those agencies individually.
11 . INDEMNIFICATION
The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and
expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by,
resulting from, arising out of or occurring in connection with the operations of the Proposer or his Subcontractors, agents, officers, employees or independent contractors,
excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or
appointed officials and employees. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated
therewith shall be the responsibility of Contractor under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive City's rights and
immunities under the common law or Florida Statute 768.28 as amended from time to time.
12. INDEPENDENT CONTRACTOR
An Agreement resulting from this solicitation does not create an employee/employer relationship between the parties. It is the intent of the Parties that the Contractor is an
independent contractor under this Agreement and not the City’s employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum
wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the
State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means
of carrying out Contractor’s activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under any potential
Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of
Contractor’s funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that
it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. Any potential Agreement shall not be construed as creating
any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid
minimum wages and/or overtime premiums.
13. SCRUTINIZED COMPANIES F.S. 287.135 and 215.473
Bidder must certify that the company is not participating in a boycott of Israel. Bidder must also certify that Bidder is not on the Scrutinized Companies that Boycott Israel list, not
on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has been engaged in
business operations in Cuba or Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized
company referred to above. Bidder must submit the certification that is attached to this contract. Submitting a false certification shall be deemed a material breach of contract. The
City shall provide notice, in writing, to the Bidder of the City's determination concerning the false certification. The Bidder shall have five (5) days from receipt of notice to refute the
false certification allegation. If such false certification is discovered during the active contract term, the Bidder shall have ninety (90) days following receipt of the notice to respond
in writing and demonstrate that the determination of false certification was made in error. If the Bidder does not demonstrate that the City's determination of false certification was
made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time.
14. RECORDS/AUDITS
14.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The successful Bidder shall comply with Florida’s Public Records Law. Specifically, the
Contractor shall:
14.1.1 Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service;
14.1.2 Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that
provided in chapter 119, Fla. Stat., or as otherwise provided by law;
14.1.3 Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and
14.1.4 Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the
information technology systems of the agency. The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this
Agreement and the City shall enforce any available contract remedies in force including termination of the Agreement.
14.2 During the term of the contract, the successful Bidder shall maintain all books, reports and records in accordance with generally accepted accounting practices and
standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City’s Auditor. The successful Bidder agrees to
make available to the City’s Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this
Bid Number: 20-21B Vendor Name: Carmeuse Lime & Stone
contract.
15. UNBALANCED BIDS
When a unit price Bid has variable or estimated quantities, and the Bid shows evidence of unbalanced Bid pricing, such Bid may be rejected.
16. UNIT PRICES
Where a discrepancy between unit price and total price is indicated on a Proposer’s submitted Schedule of Bid Prices or Price Bid Form, the unit prices shall prevail.
17. VENUE
Any Agreement resulting from this solicitation shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this
agreement is fixed in Broward County, Florida.
18. CUSTODIAN OF RECORDS
IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
CITY CLERK
7525 NW 88th AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK@TAMARAC.ORG
Remainder of Page Intentionally Blank
We (I), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Request of Quotation. We (I) certify that we(I) have read the entire document, including
the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of
the requirements of the entire Request for Quotation - Jeff McElhinny, Inside Sales Representative, Carmeuse Lime & Stone
The bidder shall declare any potential conflict of interest that could arise from bidding
on this bid. Do you have a potential conflict of interest? Yes No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document
Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
File Name
I have reviewed the
below addendum and
attachments (if
applicable)
Pages
There have not been any addenda issued for this bid.
Bid Number: 20-21B Vendor Name: Carmeuse Lime & Stone
Bid Number: 20-21B Vendor Name: Carmeuse Lime & Stone
INVITATION TO BID
20-21B
Furnish, Deliver and Discharge of Quicklime
Publish Date:
08/12/2020
Bid Due and Bid Opening Date:
08/31/2020 at 3:00 PM
Pre-Bid Conference:
None Required
All Questions Due:
08/20/2020 by 5:00 PM
Where to Deliver Bid
Online At:
https://tamarac.bidsandtenders.org
For
Public Services Department
and
The Southeast Florida Governmental Purchasing Cooperative
City of Tamarac Purchasing and Contracts Division
IFB 20-21B – Furnish, Delivery & Discharge of Quicklime
INSTRUCTIONS TO BIDDERS &
STANDARD TERMS AND CONDITIONS
20-21B
FURNISH, DELIVER AND DISCHARGE OF
QUICKLIME
OUR VISION & MISSION
Our Vision: The City of Tamarac, our community of choice
-- leading the nation in quality of life through safe
neighborhoods, a vibrant economy, exceptional customer
service and recognized excellence.
Our Mission: We Are “Committed to Excellence. . .
Always” It is our job to foster and create an environment
that
Responds to the Customer
Creates and Innovates
Works as a Team
Achieves Results, and
Makes a Difference
In the fulfillment of our vision and mission, as stewards of
the public trust, we value vision, integrity, efficiency and
quality service.
Our vendors are truly partners in meeting these
commitments to the community, and in support of that
vision and mission, we are committed to ensuring that
qualified, competitive vendors who share our commitment
to quality, efficiency, teamwork and customer service are
employed to provide goods and services to the City. Our
vendors are expected to deliver high quality products and
efficient service that is provided on time and as ordered; in
a manner that improves the overall value of the services
that the City provides to its residents. In addition, we
expect our vendors to work with the City as a team and
exhibit the highest level of integrity when dealing with any
office or department of the City.
Diligence in the execution of the requirements of this
proposal will ultimately contribute to the overall quality of
services provided to the entire community. The City is
searching for a firm who will exemplify these ideals in the
execution of their work, and the successful firm will be
measured against the performance standards outlined in
this bid invitation.
ACCESSIBILITY
The information contained in this document is available in
an accessible format at:
https://tamarac.bidsandtenders.org/Module/Tenders/en.
A. INSTRUCTIONS TO BIDDERS
1. INTRODUCTION & AUTHORITY
It is the intent of the City to award to the most responsible
and responsive Responding firm. The City reserves the
right to accept or reject any or all responses and to waive
any informality concerning the responses when such
rejection or waiver is deemed to be in the best interest of
the City. The City reserves the right to award the response
on a split order basis, lump sum or individual item basis
unless otherwise stated, whichever is in the best interest
of the City.
This solicitation is issued pursuant to the City of Tamarac
Code, Chapter 6, “Finance & Taxation”, Article V,
“Purchasing Procedures”, Section 6-141 et seq.
2. TYPES OF SOLICITATIONS ISSUED BY THE CITY
Anytime the City releases a new solicitation it will contain a
suffix of one of the following types:
B = Invitation for Bid (ITB)
R = INVITATION TO BID(ITB)
L = Letter of interest (LOI)
Q = Request for Qualifications (RFQ)
RB = Re-Bid
RP = Re-Proposal
FQ = Formal Quotation (RFFQ)
IQ = Informal Quotation (RFIQ)
HQ = Housing Quotation (RFHQ)
This prefix/suffix will determine what type of solicitation the
City will be utilizing.
3. DEFINED TERMS
3.1 “Addenda” – Written or graphic instruments
issued prior to the opening of Solicitations
which clarify, correct, or change the solicitation
requirements or the contract document.
3.2 “Agreement” – The written agreement
between the City and the Contractor covering
the Work to be performed including other
Contract Documents that are attached to the
Agreement and made a part thereof.
3.3 “City" - the City of Tamarac, a municipal
corporation of the State of Florida.
3.4 “Contract Administrator” – The
Department’s Director, or some other
employee expressly designated as Contract
Administrator in writing by the Director, who
is the representative of the Board
concerning the Contract Documents.
City of Tamarac Purchasing and Contracts Division
IFB 20-21B – Furnish, Delivery & Discharge of Quicklime
3.5 “Contract Documents” – The contract documents consist of this Agreement, conditions of the contract (General, Supplementa
supplements, Change Orders and Work
directive changes issued on or after the
effective date of the Contract. These
contract documents form the Agreement,
and all are as fully a part of the Agreement if
attached to this Agreement or repeated
therein.
3.6 “Contractor" - the individual(s) or firm(s) to
whom the award is made and who executes
the Contract Documents.
3.7 “Co-op” or “Cooperative” – The
Southeast Florida Governmental Purchasing
Cooperative.
3.8 “On-line e-procurement system” or “e-
procurement system” – The City of
Tamarac’s solicitation management partner
“bidsandtendersTM”
3.9 “bidsandtendersTM” -- The City of
Tamarac’s on-line solicitation management
partner and the e-procurement system used
by the City. The terms “on-line e-
procurement system and
“bidsandtendersTM” may be used
interchangeably herein.
3.10 “Notice to Proceed” – A written notice
given by the City to the Contractor fixing the
date on which the Contract Time will
commence to run and on which the
Contractor shall start to perform the
Contractor’s obligations under the Contract
Documents.
3.11 “Performance Based Contract” -- A
contracting model whereby satisfactory
performance under the contract, will result in
the City’s exclusive use of the contractor for
all contractual purchases for the full period
specified as the contract term for the
individual services as awarded.
Unsatisfactory performance by the
contractor shall result in the contractor’s loss
of exclusivity. If, in the sole judgment of the
City, the contractor is not providing
satisfactory service, the exclusive
contractual relationship between the City
and the contractor may be terminated,
without penalty, by the City at any time after
it has purchased the guaranteed volume of
goods or services as specified in the Special
Conditions and/or the Scope of Work. The
principle of Performance Based Contracting,
however, does not negate the right of the
City to terminate the contract under the
standard terms and conditions which govern
contract termination.
3.12 “Project” – the total scope of work for
which the Contractor is responsible under
this agreement, including all labor,
materials, equipment and transportation
used or incorporated in such performance of
contract work.
3.13 “Project Manager” – The City’s authorized
project representative who is responsible for
the full scope of project management tasks
including authorizing and monitoring the
work of consultants, vendors, and field staff
of assigned projects. The Project Manager
also is responsible to ensure successful
completion of projects.
3.14 “Request for Proposals (ITB)” -- A
Request for Proposals (ITB) is a method of
procurement permitting discussions with
responsible respondents and revisions to
proposals prior to award of a contract.
Proposals will be opened in private. Award
may be made based on the responses
based on the criteria set forth herein.
3.15 “Respondent/Offeror/Proposer" - one
who submits a Proposal in response to a
solicitation, as distinct from a Sub-
Respondent, who submits a Proposal to the
Offeror.
3.16 “Response Documents/Proposal" - the
Request for Qualifications, Instructions to
Offerors, Respondent’s Qualifications
Statement, Non-Collusive Affidavit, Certified
Resolution, Vendor Drug-Free Workplace,
Respondent’s Proposal, Proposal Security
and Specifications, if any, and the proposed
Contract Documents (including all Addenda
issued prior to opening of Proposals).
3.17 “Specifications” – Those portions of the
Contract Documents consisting of written
technical descriptions of materials,
equipment, standards and workmanship as
applied to the work and certain
administrative details applicable thereto.
3.18 “Subcontractor” – An individual, firm or
corporation having a direct Contract with the
Contractor or with any other Subcontractor
for the performance of a part of any work.
3.19 “Successful Offeror/Respondent" - the
City of Tamarac Purchasing and Contracts Division
IFB 20-21B – Furnish, Delivery & Discharge of Quicklime
qualified, responsible and responsive
Offeror/Respondent to whom City (on the
basis of City's evaluation as hereinafter
provided) makes an award.
3.20 “Supplier” – A manufacturer, fabricator,
supplier, distributor, materialman or vendor.
3.21 “Term Contract” -- A requirements
agreement by which a specific good or
service may be obtained from a vendor at a
specific price for a specific timeframe.
3.22 “Unit Price Work” – Work to be paid for on
the basis of unit prices.
3.23 “Work” – The entire completed scope of
work or the various separately identifiable
parts thereof required to be provided under
the Contract Documents. Work is the result
of performing services, specifically, including
but not limited to furnishing labor,
documentation, equipment and materials
used or incorporated in the construction of
the entire Contract Documents. The words
“Project” and “Work” are used
interchangeably.
3.24 “Written Amendment” – A written
amendment of the Contract Documents,
signed by the CITY and the Contractor on or
after the Effective Date of the Agreement
and normally dealing with non-technical
aspects rather than strictly work related
aspects of the Contract Documents.
4. CLARIFICATION & ADDENDA
4.1 Where there appears to be variances or conflicts
between the General Terms and Conditions and
the Special Conditions and/or Scope of Work
outlined in this document, the Special Conditions
and/or the Scope of Work shall prevail.
4.2 The responding firm shall examine all response
documents and shall judge all matters relating to
the adequacy and accuracy of such documents. If,
upon review, any material errors in specifications
are found, the Responding firm shall contact the
Purchasing & Contracts Division Office
immediately.
4.3 Any inquiries, suggestions, requests concerning
clarification, or requests for additional information
shall be submitted online at
https://tamarac.bidsandtenders.org/ .
4.4 The City of Tamarac reserves the right to amend
this proposal document prior to the response
opening date indicated by written addenda. Written
addenda shall serve as the sole means of
clarification. The City shall not be responsible for
oral interpretations given by any City employee or
its representative.
4.5 **** SPECIAL NOTE -- Addendums will only
be issued electronically through the City’s web-site.
Vendors will be notified of the availability of new
solicitations and addendums via e-mail (per the
vendor’s selected commodity choice).
It is essential that all vendors receiving a bid or
proposal download the document from the City’s
web-site.
All responding firms must visit
https://tamarac.bidsandtenders.org/ to download
response documents. Responders must create a
New Account with the City’s solicitation distribution
partner, bids&tenders™, and must select the
commodity codes for which they wish to be notified.
Upon selection of commodity codes and the
completion of registration, responders will receive
electronic e-mail notifications any time new
solicitations are uploaded for the specific
commodity codes selected. The notifications will
provide vendors a link, allowing the vendor to
download the package and receive all new
addendums released by the City for that
solicitation. It is the Contractor’s responsibility to
select the correct Commodity Code associated with
what type of items or services they can provide to
the City.
Upon completion of the registration process, a
confirming e-mail will be sent to the individual who
registered. Addendums will be uploaded to the
City’s website but regardless of the means of
transmission of an Addendum it is the responsibility
of the bidder or proposer to ensure that they have
received all addendums issued for a solicitation
prior to submitting a response. Offerors shall be
solely responsible for maintaining accurate contact
data with the Responses and Tenders. The City
shall under no circumstances be responsible for
and errors or omissions in vendor’s contact
information on file with. Updates to contact
information may be requested by contacting Bids
and Tenders at support@bidsandtenders.org.
5. SUBMISSION OF THE BID
The Responding firm is directed to submit all bids
online at
https://tamarac.bidsandtenders.org/Module/Tenders/e
n no later than the date and time specified on the
cover page of this solicitation document. Bids will not
be considered and cannot be entered online after the
above referenced closing date. The City will not be
responsible for a late bid as a result of the vendor’s
City of Tamarac Purchasing and Contracts Division
IFB 20-21B – Furnish, Delivery & Discharge of Quicklime
inability to respond and upload their bid response in a
timely manner.
It is the Responding firm's responsibility to read and
understand the requirements of this bid request.
Unless otherwise specified, the Responding firm must
use the bid form located online for Invitation for Bid
document. All bids shall be submitted in the English
language. All prices, terms and conditions bid in the
submitted response shall be expressed in U.S.
Dollars, and will be firm for acceptance for ninety (90)
calendar days from the date of the bid opening unless
otherwise stated by the City.
The Responding firm preparing a bid in response to
this solicitation shall bear all expenses associated
with its preparation. The Responding firm shall
prepare a bid with the understanding that no claim for
reimbursement shall be submitted to the City for
expenses related to its preparation.
6. MODIFICATION AND WITHDRAWAL OF BID
6.1 Bids may be modified or withdrawn by a duly
executed document signed by a corporate officer or
other employee with designated signature
authority. Evidence of such authority must
accompany the request for withdrawal or
modification. The request must be delivered to the
Purchasing and Contracts Division Office at any
time prior to the deadline for submitting Bids, and
may be alternatively completed on-line at
https://tamarac.bidsandtenders.org/Module/Tender
s/en. Withdrawal of a Bid will not prejudice the
rights of an Offeror to submit a new Bid prior to the
Bid opening date and time.
6.2 If, within twenty-four (24) hours after Bids are
opened, any Offeror files a duly signed, written
notice with the Purchasing Office, and within five
(5) calendar days thereafter demonstrates to the
reasonable satisfaction of City, by clear and
convincing evidence, that there was a material and
substantial mistake in the preparation of its Bid, or
that the mistake is clearly evident on the face of the
Bid, but the intended correct Bid is not similarly
evident, Offeror may withdraw its Bid and any bid
security will be returned. Thereafter, the Offeror
may be disqualified from further bidding on the
subject Contract.
7. REJECTION OF BIDS
7.1 To the extent permitted by applicable state and
federal laws and regulations, City reserves the right
to reject any and all Bids, to waive any and all
informalities not involving price, time or changes in
the work with the Successful Offeror, and to
disregard all nonconforming, non-responsive,
unbalanced or conditional Bids. Bids will be
considered irregular and may be rejected if they
show serious omissions, alterations in form,
additions not called for, conditions or unauthorized
alterations, or irregularities of any kind.
7.2 City reserves the right to reject the Bid of any
Offeror if City believes that it would not be in its
best interest to make an award to that Offeror,
whether because the Bid is not responsive, the
Offeror is unqualified, of doubtful financial ability, or
fails to meet any other pertinent criteria established
by City within the scope of the solicitation.
8. OMISSION OF DETAILS
8.1 The apparent silence of the requirements as to any
detail, or the apparent omission of a detailed
description concerning any point, shall be regarded
as meaning that only the best commercial practice
is to prevail, and that only material and
workmanship of the finest quality is to be used. All
interpretations of the specifications shall be made
on the basis of this statement. Omission of any
essential details from these specifications will not
relieve the Proposer of supplying such services or
product(s) as specified.
8.2 For the purpose of evaluation, the Respondent
must indicate any variance or exceptions to the
stated requirements, no matter how slight.
Deviations should be explained in detail. Absence
of variations and/or corrections will be interpreted to
mean that the Offeror meets all the requirements in
every respect.
9. NON-COLLUSIVE AFFIDAVIT
Each Offeror shall complete the Non-Collusive Affidavit Form
and shall submit this form with the response/Bid. The City
considers the failure of the Offeror to submit this document
to be a major irregularity, and may be cause for rejection of
the response
10. CONFLICT OF INTEREST
The award hereunder is subject to the provisions of Chapter
112 of the State of Florida Statutes. Responding firms shall
disclose the name of any officer, director, partner, proprietor,
associate or agent who is also a public officer or employee of
the City or any of its agencies.
11. QUANTITIES
Any quantities which may be shown herein, as applicable,
are estimates only. No guarantee or warranty is given or
implied by the City as to the total amount that may or may
not be purchased from any resulting contract. The City
reserves the right to decrease or increase quantities or add
or delete any item from the contract if it is determined that it
best serves the interests of the City.
City of Tamarac Purchasing and Contracts Division
IFB 20-21B – Furnish, Delivery & Discharge of Quicklime
12. DELIVERY
All items shall be delivered F.O.B. destination to an address
specified by the using agency. All delivery costs and charges
must be included in the Bid price. The City reserves the right
to cancel orders or any part thereof, without obligation if
delivery is not made at the time specified in the Bid.
13. SAMPLES AND DEMONSTRATIONS
When requested, samples are to be furnished free of charge
to the City. If a sample is requested, it must be delivered
within seven days of the request unless otherwise stated in
the Bid. Each sample must be marked with the Proposer's
name and manufacture's brand name. The City will not be
responsible for returning samples. The City may request a
full demonstration of any product or service before the award
of a contract. All demonstrations will be done at the expense
of the Proposer.
14. PRICES, PAYMENTS, DISCOUNTS &
ELECTRONIC PAYMENTS
Firm Pricing: Any pricing provided shall be fixed and firm to
the extent required under Special Conditions. In the absence
of a reference in the Special Conditions, pricing submitted
shall be fixed and firm for a period of ninety (90) calendar
days including when the contract must be approved by
another agency. Payment will be made only after receipt and
acceptance of materials/services. Cash discounts may be
offered for prompt payment; however, such discounts shall
not be considered in determining the lowest net cost for
response evaluation.
Prompt Payment Discounts: Offerors are encouraged to
provide prompt payment terms. If no payment discount is
offered, the Offeror shall enter zero (0) for the percentage
discount to indicate net 30 days. If the Offeror does not enter
a percentage discount, it is understood and agreed that the
payment terms shall be two percent (2%) ten (10) days, net
thirty (30) days effective on the date that the City receives an
accurate invoice or accepts the product, whichever is the
later date. Payment is deemed made on the date of the
mailing of the check. All payments shall be governed by the
Local Government Prompt Payment Act, F.S. Chapter 218.
(See link for more information)
****************IMPORTANT NOTE**********************
Payments by Electronic Funds Transfer: ALL payments by
the City will be made by Direct Deposit (ACH) via electronic
funds transfer. Vendors must register for direct deposit with
the City prior to receiving any payments by providing a “City
of Tamarac Consent for Direct Deposit” form (ACH Form) to
the City’s Financial Services Accounting Division. The form
may be accessed on the City of Tamarac web-site at
https://tamarac.seamlessdocs.com/f/DirectDeposit .
Please contact the Purchasing & Contracts Division at the
number shown on this solicitation document herein as the
first point of contact for more information.
15. TAXES
The City of Tamarac is exempt from all Federal, State, and
Local taxes. An exemption certificate will be provided where
applicable upon request.
16. RESPONSE TABULATION
After the response time has closed, and after review by the
Evaluation Committee, a tabulation of points awarded to
each response will be posted online at:
https://tamarac.bidsandtenders.org. Offerors will be able to
download the tabulation at the link provided directly above.
The City may or may not notify unsuccessful Responding
firms of contract awards.
Pursuant to Florida Statute Chapter 119, Section 7(m),
sealed responses and quotations or Bids received by an
agency pursuant to invitations for bid or requests for Bids are
exempt from the provisions of subsection (1) and s. 24(a),
Art. I of the State Constitution until such time as the agency
provides notice of a decision or intended decision pursuant
to F.S. §120.57(3) (a), or within 30 days after bid/proposal
opening, whichever is earlier.
17. FORM AGREEMENT DOCUMENT
The City may attach as a part of this solicitation, a Form
Agreement document. Proposers shall be responsible for
complying with all of the terms and conditions of the Form
Agreement document if included herein, except where
variant or conflicting language may be included in any
Special Conditions contained herein. Proposers shall note
any deviation or variance with the Form Agreement
document at the time of bid submission.
18. OTHER GOVERNMENTAL ENTITIES
This bid is issued on behalf of members of the Southeast
Florida Governmental Purchasing Cooperative. Only those
agencies listed in this document will be eligible to participate
in this contract. Contractor shall provide insurance to each
agency based on the requirements listed herein at a
minimum. Each agency will be responsible for coordinating
their own orders, and the City will not be a party to any
dispute between Contractor and any other agency besides
the City.
19. UNBALANCED RESPONSES
When a unit price proposed has variable or estimated
City of Tamarac Purchasing and Contracts Division
IFB 20-21B – Furnish, Delivery & Discharge of Quicklime
quantities, and the response shows evidence of unbalanced
pricing, the City reserves the right to reject such response.
20. INFORMATION REQUESTS AFTER DUE DATE
Pursuant to Florida Statute Chapter 119, Section 071(1),
sealed bids or proposals received by an agency pursuant to
invitations to bid or requests for proposals are exempt from
the provisions of subsection (1) and s. 24(a), Art. I of the
State Constitution until such time as the agency provides
notice of a decision or intended decision pursuant to F.S.
§119.071(1) (b) (2), or within 30 days after bid/proposal
opening, whichever is earlier.
21. BUDGETARY CONSTRAINTS
In the event the City is required to reduce contract costs due
to budgetary constraints, all services specified in this
document may be subject to a permanent or temporary
reduction in budget. In such an event, the total cost for the
affected service shall be reduced as required. The
Contractor shall also be provided with a minimum 30-day
notice prior to any such reduction in budget.
22. CONTINGENT FEES PROHIBITED
The Offeror must warrant that it has not employed or
retained a company or person, other than a bona fide
employee, contractor or subcontractor, working in its employ,
to solicit or secure a contract with the City, and that it has not
paid or agreed to pay any person, company, corporation,
individual or firm other than a bona fide employee, contractor
or sub-consultant, working in its employ, any fee,
commission, percentage, gift or other consideration
contingent upon or resulting from the award or making of a
contract with the City.
23. PROHIBITION AGAINST LOBBYING
During the solicitation of any bid or proposal, any firm and its
agents, officers or employees who intend to submit, or who
have submitted, bids or proposals shall not lobby, either
individually or collectively, any City Commission members,
candidates for City Commission or any employee of the City.
23.1 Contact should only be made through regularly
scheduled Commission meetings, or meetings
scheduled through the Purchasing and Contracts
Division for purposes of obtaining additional or
clarifying information. Any action, including meals,
invitations, gifts or gratuities by a submitting firm, its
officers, agents, or employees shall be within the
purview of this prohibition and shall result in the
immediate disqualification of that firm from further
consideration.
23.2 During a formal solicitation process, contact with
personnel of the City of Tamarac other than the
Purchasing and Contracts Manager or designated
representative regarding any such solicitation may
be grounds for elimination from the selection
process. (Reference: Tamarac Procurement Code
Section 6-156.)
24. PROTESTS
Any actual or prospective bidder, offeror, or contractor who is
aggrieved in connection with the solicitation or award of a
contract may protest to the purchasing and contracts
manager. The protest shall be submitted in writing within five
(5) business days after such aggrieved person knows or
should have known of the facts giving rise thereto and shall
be submitted with the procedures outlined in section 6-154
“Appeals and remedies” of he Tamarac procurement code,
available at the following link:
https://www.municode.com/library/fl/tamarac/codes/code_ofo
rdinances?nodeId=PTIICO_CH6FITA_ARTVTAPRCO
25. WITHDRAWAL OF BID
Any Responding firm may withdraw its Bid prior to the
indicated opening time. The request for withdrawal must
be completed online at
https://tamarac.bidsandtenders.org/Module/Tenders/en
This must be requested prior to the Bid opening date and
time.
26. BACKGROUND INVESTIGATION
As a part of the Bid evaluation process, the City may conduct
a background investigation including a criminal record check
of Proposer’s officers and/or employees, by the Broward
County Sheriff’s Office. Proposer’s submission of a Bid
constitutes acknowledgement of and consent to such
investigation. City shall be the sole judge in determining
Proposer’s qualifications.
Remainder of Page Intentionally Blank
City of Tamarac Purchasing and Contracts Division
IFB 20-21B – Furnish, Delivery & Discharge of Quicklime
B. STANDARD TERMS &
CONDITIONS
These standard terms and conditions apply to all offers
made to the City of Tamarac by all prospective Bidders
including but not limited to Request for Quotes, Request for
Bids and Request for Proposals. As such the words "bid"
and "proposal" are used interchangeably in reference to all
offers submitted by prospective Proposers. Any and all
special conditions in this ITB or any sample agreement
document that may be in variance or conflict with these
Standard Terms and Conditions shall have precedence over
these Standard Terms and Conditions. If no changes or
deletions to Standard Terms and Conditions are made in any
Special Conditions which may be contained herein, or in the
Scope of Work, then the Standard Terms and Conditions
shall prevail in their entirety.
1. PERFORMANCE
Failure on the part of the Bidder to comply with the
conditions, terms, specifications and requirements of the Bid
shall be just cause for cancellation of the Bid award;
notwithstanding any additional requirements enumerated in
the Special conditions herein relating to performance based
contracting. The City may, by written notice to the Bidder,
terminate the contract for failure to perform. The date of
termination shall be stated in the notice. The City shall be the
sole judge of nonperformance.
2. CONDITIONS OF MATERIALS
All materials and products supplied by the Bidder in
conjunction with this Bid shall be new, warranted for their
merchantability, fit for a particular purpose, free from defects
and consistent with industry standards. The products shall
be delivered to the City in excellent condition. In the event
that any of the products supplied to the City are found to be
defective or do not conform to the specifications, the City
reserves the right to return the product to the Bidder at no
cost to the City.
Successful Bidder shall furnish all guarantees and warranties
to the Purchasing Division prior to final acceptance and
payment. The warranty period shall commence upon final
acceptance of the product.
3. COPYRIGHTS OR PATENT RIGHTS
The Bidder warrants that there has been no violation of
copyrights or patent rights in manufacturing, producing or
selling the goods shipped or ordered as a result of this Bid.
The seller agrees to hold the City harmless from all liability,
loss or expense occasioned by any such violation.
4. SAFETY STANDARDS
The Bidder warrants that the product(s) supplied to the City
conform with all respects to the standards set forth in the
Occupational Safety and Health Act of 1970 as amended,
and shall be in compliance with Chapter 442, Florida
Statutes as well as any industry standards, if applicable.
Any toxic substance listed in Section 38F-41.03 of the
Florida Administrative Code delivered as a result of this
order must be accompanied by a completed Material Safety
Data Sheet (MSDS).
5. INSPECTION
The City shall have the right to inspect any materials,
components, equipment, supplies, services or completed
work specified herein. Any of said items not complying with
these specifications are subject to rejection at the option of
the City. Any items rejected shall be removed from the
premises of the City and/or replaced at the entire expense of
the successful vendor.
6. TERMINATION
a. DEFAULT: In addition to all other remedies
available to the City, this Agreement shall be
subject to cancellation by the City for cause, should
the Contractor neglect or fail to perform or observe
any of the terms, provisions, conditions, or
requirements herein contained, if such neglect or
failure shall continue for a period of thirty (30) days
after receipt by Contractor of written notice of such
neglect or failure.
b. TERMINATION FOR CONVENIENCE OF CITY:
Notwithstanding any additional requirements for
performance based contracting contained in the
special conditions herein, the final Agreement
may be terminated by the City for convenience,
upon seven (7) days of written notice by the City
to the Contractor for such termination in which
event the Contractor shall be paid its
compensation for services performed to
termination date, including services reasonably
related to termination. In the event that the
Contractor abandons this Agreement or causes it
to be terminated, Contractor shall indemnify the
city against loss pertaining to this termination.
City of Tamarac Purchasing and Contracts Division
IFB 20-21B – Furnish, Delivery & Discharge of Quicklime
c. FUNDING OUT:
This agreement shall remain in full force and
effect only as long as the expenditures provided
for in the Agreement have been appropriated by
the City Commission of the City of Tamarac in
the annual budget for each fiscal year of this
Agreement and is subject to termination based
on lack of funding.
7. ASSIGNMENT
The Bidder shall not transfer or assign the performance
required by this Bid without the prior written consent of the
City. Any award issued pursuant to this Bid and monies that
may become due hereunder are not assignable except with
prior written approval of the City. For purposes of this
Agreement, any change of ownership of the proposer shall
constitute an assignment which requires City approval.
However, this Agreement shall run to the benefit of the City
and its successors and assigns.
8. EMPLOYEES
Employees of the Bidder shall at all times be under its sole
direction and not an employee or agent of the City. The
Bidder shall supply competent and physically capable
employees. The City may require the Bidder to remove an
employee it deems careless, incompetent, insubordinate or
otherwise objectionable. Proposer shall be responsible to the
City for the acts and omissions of all employees working
under its directions.
9. NON-DISCRIMINATION & EQUAL OPPORTUNITY
EMPLOYMENT
During the performance of the Contract, the Contractor and
its subcontractors shall not discriminate against any
employee or applicant for employment because of race,
color, sex including pregnancy, religion, age, national origin,
marital status, political affiliation, familial status, sexual
orientation, gender identity and expression, or disability if
qualified. The Contractor will take affirmative action to
ensure that employees and those of its subcontractors are
treated during employment, without regard to their race,
color, sex including pregnancy, religion, age, national origin,
marital status, political affiliation, familial status, sexual
orientation, gender identity or expression, or disability if
qualified. Such actions must include, but not be limited to,
the following: employment, promotion; demotion or transfer;
recruitment or recruitment advertising, layoff or termination;
rates of pay or other forms of compensation; and selection
for training, including apprenticeship. The Contractor and its
subcontractors shall agree to post in conspicuous places,
available to its employees and applicants for employment,
notices to be provided by the contracting officer setting forth
the provisions of this nondiscrimination clause. The
Contractor further agrees that he/she will ensure that all
subcontractors, if any, will be made aware of and will comply
with this nondiscrimination clause.
10. INSURANCE REQUIREMENTS
Bidder agrees to, in the performance of work and services
under this Agreement, comply with all federal, state, and
local laws and regulations now in effect, or hereinafter
enacted during the term of this agreement that are
applicable to Contractor, its employees, agents, or
subcontractors, if any, with respect to the work and services
described herein.
Bidder shall obtain at Bidder’s expense all necessary
insurance in such form and amount as required by the City’s
Risk & Safety Officer before beginning work under this
Agreement. Proposer shall maintain such insurance in full
force and effect during the life of this Agreement. Proposer
shall provide to the City’s Risk & Safety Officer certificates of
all insurance required under this section prior to beginning
any work under this Agreement. Proposer shall indemnify
and save the City harmless from any damage resulting to it
for failure of either Proposer or any subcontractor to obtain
or maintain such insurance.
The following are required types and minimum limits of
insurance coverage, which the Proposer agrees to maintain
during the term of this contract:
• General Liability - $1M per occ. / $2M aggregate
• Automobile – $1M per occ. / $1M aggregate
• Workers Comp – Statutory
The City reserves the right to require higher limits
depending upon the scope of work under this
Agreement.
Neither Bidder nor any subcontractor shall commence work
under this contract until they have obtained all insurance
required under this section and have supplied the City with
evidence of such coverage in the form of an insurance
certificate and endorsement. The Bidder will ensure that all
subcontractors will comply with the above guidelines and will
maintain the necessary coverage throughout the term of this
Agreement.
All insurance carriers shall be rated at least A-VII per A.M.
Best’s Key Rating Guide and be licensed to do business in
Florida. Policies shall be ”Occurrence” form. Each carrier will
give the City sixty (60) days notice prior to cancellation.
The Bidder’s liability insurance policies shall be endorsed to
add the City of Tamarac as an “additional insured”. The
Bidder’s Worker’s Compensation carrier will provide a
City of Tamarac Purchasing and Contracts Division
IFB 20-21B – Furnish, Delivery & Discharge of Quicklime
Waiver of Subrogation to the City. The Bidder shall be
responsible for the payment of all deductibles and self-
insured retentions.
The City may require that the Bidder purchase a bond to
cover the full amount of the deductible or self-insured
retention. If the Bidder is to provide professional services.
The City reserves the right to request the successful Bidder
to provide the City with evidence of Professional Liability
insurance with, at a minimum, a limit of $1,000,000 per
occurrence and in the aggregate. “Claims-Made” forms are
acceptable for Professional Liability insurance in the event
that the successful Proposer provides professional services
as agreed upon with City.
Contractor shall at a minimum, provide the level of
coverage provided as stated in Section 10
“Insurance” of the Standard Terms and Conditions
herein of this Agreement to any other organization in
the Southeast Florida Governmental Purchasing
Cooperative, and shall provide those agencies with
their own Certificate of Insurance to validate
coverage for their entity. Insurance coverage for
other agencies within the Co-op shall apply only to
those agencies individually.
11. INDEMNIFICATION
The Bidder shall indemnify and hold harmless the City of
Tamarac, its elected and appointed officials and employees
from any and all claims, suits, actions, damages, liability, and
expenses (including attorneys' fees) in connection with loss
of life, bodily or personal injury, or property damage,
including loss of use thereof, directly or indirectly caused by,
resulting from, arising out of or occurring in connection with
the operations of the Proposer or his Subcontractors, agents,
officers, employees or independent contractors, excepting
only such loss of life, bodily or personal injury, or property
damage solely attributable to the gross negligence or willful
misconduct of the City of Tamarac or its elected or appointed
officials and employees. City reserves the right to select its
own legal counsel to conduct any defense in any such
proceeding and all costs and fees associated therewith shall
be the responsibility of Contractor under the indemnification
agreement. Nothing contained herein is intended nor shall it
be construed to waive City's rights and immunities under the
common law or Florida Statute 768.28 as amended from
time to time.
12. INDEPENDENT CONTRACTOR
An Agreement resulting from this solicitation does not create
an employee/employer relationship between the parties. It is
the intent of the Parties that the Contractor is an independent
contractor under this Agreement and not the City’s employee
for any purposes, including but not limited to, the application
of the Fair Labor Standards Act minimum wage and
overtime payments, Federal Insurance Contribution Act, the
Social Security Act, the Federal Unemployment Tax Act, the
provisions of the Internal Revenue Code, the State Worker's
Compensation Act, and the State Unemployment Insurance
law. The Contractor shall retain sole and absolute discretion
in the judgment of the manner and means of carrying out
Contractor’s activities and responsibilities hereunder
provided, further that administrative procedures applicable to
services rendered under any potential Agreement shall be
those of Contractor, which policies of Contractor shall not
conflict with City, State, or United States policies, rules or
regulations relating to the use of Contractor’s funds provided
for herein. The Contractor agrees that it is a separate and
independent enterprise from the City, that it had full
opportunity to find other business, that it has made its own
investment in its business, and that it will utilize a high level
of skill necessary to perform the work. Any potential
Agreement shall not be construed as creating any joint
employment relationship between the Contractor and the
City and the City will not be liable for any obligation incurred
by Contractor, including but not limited to unpaid minimum
wages and/or overtime premiums.
13. SCRUTINIZED COMPANIES F.S. 287.135 and
215.473
Bidder must certify that the company is not participating in a
boycott of Israel. Bidder must also certify that Bidder is not
on the Scrutinized Companies that Boycott Israel list, not on
the Scrutinized Companies with Activities in Sudan List, and
not on the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List or has been engaged in
business operations in Cuba or Syria. Subject to limited
exceptions provided in state law, the City will not contract for
the provision of goods or services with any scrutinized
company referred to above. Bidder must submit the
certification that is attached to this contract. Submitting a
false certification shall be deemed a material breach of
contract. The City shall provide notice, in writing, to the
Bidder of the City's determination concerning the false
certification. The Bidder shall have five (5) days from receipt
of notice to refute the false certification allegation. If such
false certification is discovered during the active contract
term, the Bidder shall have ninety (90) days following receipt
of the notice to respond in writing and demonstrate that the
determination of false certification was made in error. If the
Bidder does not demonstrate that the City's determination of
false certification was made in error then the City shall have
the right to terminate the contract and seek civil remedies
pursuant to Section 287.135, Florida Statutes, as amended
from time to time.
City of Tamarac Purchasing and Contracts Division
IFB 20-21B – Furnish, Delivery & Discharge of Quicklime
14. RECORDS/AUDITS
14.1 The City of Tamarac is a public agency subject to
Chapter 119, Florida Statutes. The successful Bidder shall
comply with Florida’s Public Records Law. Specifically, the
Contractor shall:
14.1.1 Keep and maintain public records that
ordinarily and necessarily would be required by the
City in order to perform the service;
14.1.2 Provide the public with access to such public
records on the same terms and conditions that the
City would provide the records and at a cost that
does not exceed that provided in chapter 119, Fla.
Stat., or as otherwise provided by law;
14.1.3 Ensure that public records that are exempt
or that are confidential and exempt from public
record requirements are not disclosed except as
authorized by law; and
14.1.4 Meet all requirements for retaining public
records and transfer to the City, at no cost, all
public records in possession of the contractor upon
termination of the contract and destroy any
duplicate public records that are exempt or
confidential and exempt. All records stored
electronically must be provided to the City in a
format that is compatible with the information
technology systems of the agency. The failure of
Contractor to comply with the provisions set forth in
this Article shall constitute a Default and Breach of
this Agreement and the City shall enforce any
available contract remedies in force including
termination of the Agreement.
14.2 During the term of the contract, the successful
Bidder shall maintain all books, reports and records in
accordance with generally accepted accounting
practices and standards for records directly related to
this contract. The form of all records and reports shall
be subject to the approval of the City’s Auditor. The
successful Bidder agrees to make available to the City’s
Auditor, during normal business hours and in Broward,
Dade or Palm Beach Counties, all books of account,
reports and records relating to this contract.
15. UNBALANCED BIDS
When a unit price Bid has variable or estimated quantities,
and the Bid shows evidence of unbalanced Bid pricing, such
Bid may be rejected.
16. UNIT PRICES
Where a discrepancy between unit price and total price is
indicated on a Proposer’s submitted Schedule of Bid Prices
or Price Bid Form, the unit prices shall prevail.
17. VENUE
Any Agreement resulting from this solicitation shall be
governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this
agreement is fixed in Broward County, Florida.
18. CUSTODIAN OF RECORDS
IF THE BIDDER HAS QUESTIONS
REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA
STATUTES, TO THE
CONTRACTOR’S DUTY TO
PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
CITY CLERK
7525 NW 88th AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK@TAMARAC.ORG
Remainder of Page Intentionally Blank
City of Tamarac Purchasing and Contracts Division
IFB 20-21B – Furnish, Delivery & Discharge of Quicklime
TABLE OF CONTENTS
20-21B
FURNISH, DELIVER AND DISCHARGE OF QUICKLIME
INVITATION TO BID ......................................................................................................................................................................................... 1
INSTRUCTIONS TO BIDDERS & STANDARD TERMS AND CONDITIONS .................................................................................................... 2
1. INTRODUCTION & AUTHORITY ...................................................................................................................................................... 2
2. TYPES OF SOLICITATIONS ISSUED BY THE CITY ........................................................................................................................ 2
3. DEFINED TERMS ............................................................................................................................................................................. 2
4. CLARIFICATION & ADDENDA ......................................................................................................................................................... 4
5. SUBMISSION OF THE BID ............................................................................................................................................................... 4
6. MODIFICATION AND WITHDRAWAL OF BID ................................................................................................................................. 5
7. REJECTION OF BIDS ....................................................................................................................................................................... 5
8. OMISSION OF DETAILS ................................................................................................................................................................... 5
9. NON-COLLUSIVE AFFIDAVIT .......................................................................................................................................................... 5
10. CONFLICT OF INTEREST ........................................................................................................................................................... 5
11. QUANTITIES................................................................................................................................................................................ 5
12. DELIVERY ................................................................................................................................................................................... 6
13. SAMPLES AND DEMONSTRATIONS ......................................................................................................................................... 6
14. PRICES, PAYMENTS, DISCOUNTS & ELECTRONIC PAYMENTS ............................................................................................ 6
15. TAXES ......................................................................................................................................................................................... 6
16. RESPONSE TABULATION.......................................................................................................................................................... 6
17. FORM AGREEMENT DOCUMENT .............................................................................................................................................. 6
18. OTHER GOVERNMENTAL ENTITIES ......................................................................................................................................... 6
19. UNBALANCED RESPONSES ..................................................................................................................................................... 6
20. INFORMATION REQUESTS AFTER DUE DATE ........................................................................................................................ 7
21. BUDGETARY CONSTRAINTS .................................................................................................................................................... 7
22. CONTINGENT FEES PROHIBITED ............................................................................................................................................. 7
23. PROHIBITION AGAINST LOBBYING ......................................................................................................................................... 7
24. PROTESTS .................................................................................................................................................................................. 7
25. WITHDRAWAL OF BID ............................................................................................................................................................... 7
26. BACKGROUND INVESTIGATION ............................................................................................................................................... 7
B. STANDARD TERMS & CONDITIONS .......................................................................................................................................................... 8
1. PERFORMANCE ............................................................................................................................................................................... 8
2. CONDITIONS OF MATERIALS ......................................................................................................................................................... 8
3. COPYRIGHTS OR PATENT RIGHTS ............................................................................................................................................... 8
4. SAFETY STANDARDS ..................................................................................................................................................................... 8
5. INSPECTION ..................................................................................................................................................................................... 8
6. TERMINATION .................................................................................................................................................................................. 8
7. ASSIGNMENT ................................................................................................................................................................................... 9
8. EMPLOYEES .................................................................................................................................................................................... 9
9. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT ............................................................................................... 9
10. INSURANCE REQUIREMENTS ................................................................................................................................................... 9
11. INDEMNIFICATION ................................................................................................................................................................... 10
12. INDEPENDENT CONTRACTOR ................................................................................................................................................ 10
13. SCRUTINIZED COMPANIES F.S. 287.135 and 215.473 ........................................................................................................... 10
14. RECORDS/AUDITS ................................................................................................................................................................... 11
15. UNBALANCED BIDS ................................................................................................................................................................. 11
16. UNIT PRICES ............................................................................................................................................................................. 11
17. VENUE ....................................................................................................................................................................................... 11
18. CUSTODIAN OF RECORDS ...................................................................................................................................................... 11
TABLE OF CONTENTS ................................................................................................................................................................................... 12
ADVERTISEMENT INVITATION TO BID (ITB) ............................................................................................................................................... 14
SOUTHEAST FLORIDA GOVERNMENTAL ......................................................................................................................................................... 2
PURCHASING COOPERATIVE GROUP ........................................................................................................................................................ 2
SPECIAL INSTRUCTIONS .............................................................................................................................................................................. 11
1. SE FLORIDA GOVERNMENTAL COOPERATIVE PARTICIPANTS: ............................................................................................. 11
2. CONTACT INFORMATION AND QUESTIONS................................................................................................................................ 11
3. DIGITAL FORMS TO COMPLETED WITH BID ......................................................................................................................... 12
4. FORMS THAT MUST BE UPLOADED TO THE DOCUMENT UPLOAD SECTION ........................................................................ 12
SPECIAL CONDITIONS .................................................................................................................................................................................. 13
BID 20-21B ................................................................................................................................................................................................ 13
1. PURPOSE OF BID .......................................................................................................................................................................... 13
2. CONTRACT TERM ......................................................................................................................................................................... 13
3. PRICING ......................................................................................................................................................................................... 13
4. BASIS FOR ADJUSTMENT OR REJECTION OF SHIPMENTS ..................................................................................................... 14
5. DAMAGE TO EQUIPMENT ............................................................................................................................................................. 14
6. DELIVERY....................................................................................................................................................................................... 14
City of Tamarac Purchasing and Contracts Division
IFB 20-21B – Furnish, Delivery & Discharge of Quicklime
7. INVOICING ...................................................................................................................................................................................... 15
8. INSURANCE ................................................................................................................................................................................... 15
9. REGULATORY COMPLIANCE ....................................................................................................................................................... 15
11. CAPABILITIES OF THE SUPPLIER .......................................................................................................................................... 15
12. CONSIDERATION FOR AWARD............................................................................................................................................... 16
TECHNICAL SPECIFICATIONS ...................................................................................................................................................................... 17
BID FORM ....................................................................................................................................................................................................... 20
APPENDIX A ................................................................................................................................................................................................... 22
APPENDIX B ................................................................................................................................................................................................... 23
SAMPLE FORM AGREEMENT ....................................................................................................................................................................... 24
1. The Contract Documents .............................................................................................................................................................. 24
2. The Work ........................................................................................................................................................................................ 24
3. Insurance ....................................................................................................................................................................................... 25
4. Term ............................................................................................................................................................................................... 26
5. Contract Sum ................................................................................................................................................................................. 26
6 Payments ....................................................................................................................................................................................... 27
7 Conditions of Material ................................................................................................................................................................... 27
8 Indemnification .............................................................................................................................................................................. 27
9 Non-Discrimination & Equal Opportunity Employment ............................................................................................................... 28
10 Independent Contractor ........................................................................................................................................................... 28
11 Assignment and Subcontracting ............................................................................................................................................. 29
12 Notice ........................................................................................................................................................................................ 29
13 Termination ............................................................................................................................................................................... 29
14 Uncontrollable Forces .............................................................................................................................................................. 30
15 Agreement Subject to Funding ................................................................................................................................................ 30
16 Venue ........................................................................................................................................................................................ 30
17 Signatory Authority .................................................................................................................................................................. 30
18 Severability; Waiver of Provisions .......................................................................................................................................... 30
19 Merger; Amendment ................................................................................................................................................................. 30
20 No Construction Against Drafting Party ................................................................................................................................. 30
21 Scrutinized Companies -- 287.135 AND 215.473 ..................................................................................................................... 31
22 Public Records ......................................................................................................................................................................... 31
23 Public Records Custodian ....................................................................................................................................................... 32
City of Tamarac Purchasing and Contracts Division
IFB 20-21B – Furnish, Delivery & Discharge of Quicklime
August 12, 2020 20-21B
ADVERTISEMENT INVITATION TO BID (ITB)
ALL QUALIFIED BIDDERS:
Sealed Bids, addressed to the Purchasing and Contracts Division of the City of Tamarac, Broward
County, Florida, will be received electronically via the City’s encrypted procurement management
system, bids&tendersTM until 3:00 PM local time, Monday, August 31, 2020 for:
Furnish, Deliver and Discharge Quicklime
The City of Tamarac is hereby requesting Bids, from qualified Contractors, to Furnish, Deliver and
Discharge Quicklime at the City of Tamarac Water Plant property at 7803 NW 61st Street, and on
behalf of agencies in The South Florida Governmental Purchasing Cooperative as listed within the Bid
document.
Sealed Bids must be received electronically via the City’s encrypted procurement management system,
bids&tendersTM on or before the date and time referenced above. Any Bids received after 3:00 PM on
said date will not be accepted under any circumstances. Any uncertainty regarding the time a Bid is
received will be resolved against the Bidder.
City reserves the right to reject any or all Bidder, to waive any informalities or irregularities in any Bids
received, to re-advertise for Bids, to award in whole or in part to one or more Bidders, or take any other
such actions that may be deemed to be in the best interests of the City. Bid documents may be
obtained electronically ONLY at: https://tamarac.bidsandtenders.org/Module/Tenders/en.
Sincerely,
Keith K. Glatz, CPPO
Purchasing & Contracts Manager
Virtual Bid Opening Ceremony to be held at 3:00 P.M. on August 31, 2020. The public may access the
Bid Opening Ceremony at the following link via Microsoft Teams:
Join Microsoft Teams Meeting
+1 954-289-2459 United States, Fort Lauderdale (Toll)
Conference ID: 513 062 477#
Publish Sun-Sentinel: 08/16/2020
IFB 20-21B – Furnish, Delivery & Discharge of Quicklime
SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP
TO OUR PROSPECTIVE CONTRACTORS:
The attached Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast
Florida Governmental Purchasing Cooperative Group.
For the past several years, approximately forty-five (45) government entities have participated in
Cooperative Purchasing in Southeast Florida. The Southeast Florida Governmental Purchasing
Cooperative Group was formed in an effort to provide cost savings and cost avoidances to all entities by
utilizing the buying power of combined requirements for common, basic items.
The Government Agencies participating in this particular procurement and their respective delivery locations
are listed in the attached document.
Southeast Florida Governmental Purchasing Cooperative Group Procurement Operational Procedures:
• All questions concerning this procurement should be addressed to the issuing agency, hereinafter
referred to as the “lead agency”. All responses are to be returned in accordance with the
instructions contained in the attached document. Any difficulty with participating agencies referenced
in this award must be brought to the attention of the lead agency.
• Each participating governmental entity will be responsible for awarding the contract, issuing its own
purchase orders, and for order placement. Each entity will require separate billings, be responsible
for payment to the Contractor(s) awarded this contract, and issue its own tax exemption
certificates as required by the Contractor.
• The Contract/purchase order terms of each entity will prevail for the individual participating entity.
Invoicing instructions, delivery locations and insurance requirements will be in accordance with the
respective agency requirements.
• Any reference in the documents to a single entity or location will, in fact, be understood as
referring to all participating entities referenced in the documents and cover letter unless specifically
noted otherwise.
• The awarded Contractor(s) shall be responsible for advising the lead agency of those participants who
fail to place orders as a result of this award during the contract period.
• The Contractor(s) shall furnish the Lead Agency a detailed Summary of Sales semi-annually during
the contract period. Sales Summary shall include contract number(s), contractor’s name, the total of
each commodity sold during the reporting period and the total dollar amount of purchases by commodity.
• Municipalities and other governmental entities which are not members of the Southeast Florida
Governmental Purchasing Cooperative Group are strictly prohibited from utilizing any contract or
purchase order resulting from this bid award. However, other Southeast Florida Governmental
Purchasing Cooperative Group members may participate in this contract for new usage, during the
contract term, or in any contract extension term, if approved by the lead agency. New Southeast Florida
Governmental Purchasing Cooperative Group members may participate in any contract on acceptance
and approval by the lead agency.
• None of the participating governmental entities shall be deemed or construed to be a party to any contract
executed by and between any other governmental entity and the Contractor(s) as a result of this
procurement action.
“WORKING TOGETHER TO REDUCE COSTS”
City of Tamarac Purchasing and Contracts Division
11
SPECIAL INSTRUCTIONS
BID 20-21B
FURNISH, DELIVER AND DISCHARGE OF QUICKLIME
1. SE FLORIDA GOVERNMENTAL COOPERATIVE PARTICIPANTS:
Below is a list of the agencies participating in this bid and their respective delivery locations:
AGENCY
DELIVERY ADDRESS
CITY/STATE/ZIP CONTACT
PHONE / E-MAIL
City of Boynton Beach 124 E. Woolbright Rd. Boynton Beach 33435 David Roland 561/742-6434 RolandD@bbfl.us
Broward County Dist. 1A 3701 N State Road 7 Lauderdale Lakes 33319 Pedro Berrios 954/831-4115 / 954/553-0653 Cell
PBerrios@broward.org
Broward County Dist. 2A 1390 NE 50th St. Deerfield Beach 33064 Jose Otero 954/831-4127 / 954/234-1034 Cell
JOtero@broward.org
City of Coral Springs 3800 NW 85th Avenue Coral Springs 33065 Alvan Jones 954/345-2162
ajones@coralsprings.org
City of Dania Beach 1201 Stirling Road Dania Beach 33004 Nate Costa 954/924-6808 x3616
ncosta@daniabeachfl.gov
City of Delray Beach 201 SW 7th St. Delray Beach 33444 Bryan Heller 561/531-0817
HellerB@mydelraybeach.com
Town of Davie 3500 NW 76th Avenue Hollywood, FL 33024 Raul Sotelo 954/327-3748
Raul_sotelo@davie-fl.gov
City of Deerfield Beach 290 Goolsby Blvd. Deerfield Beach 33442 Joshua Niemann 954/480-4373
Jniemann@Deerfield-Beach.com
City of Fort Lauderdale 949 NW 38th Street Oakland Park, 33309 Cesar Alza 954/828-7865
calza@fortlauderdale.gov
City of Hallandale Beach 630 NW 2nd Street Hallandale 33009 John Fawcett 954/457-1632 jfawcett@cohb.org
City of Hollywood 3441 Hollywood Blvd. Hollywood 33021 Luis Montoya 954/967-4230
lmontoya@hollywoodfl.org
City of Hollywood 1621 N. 14th Avenue Hollywood 33022 Coy Mathis Joel Blanco 954/921-3288
cmathis@hollywoodfl.org
jblanco@hollywoodfl.org
City of Lake Worth Beach 301 College Street Lake Worth Beach, 33460 Tim Sloan 561/586-1636
TSloan@LakeWorthBeachFL.Gov
City of Lauderhill 2101 NW 49th Avenue Lauderhill 33313 Lurleen Evans 954/730-2972 / 954-730-4225
Levans@lauderhill.fl.gov
City of Margate 980 NW 66 Ave. Margate 33063 Richard Uber 954/972-0828
ruber@margatefl.com
City of North Lauderdale 841 NW 71st Avenue North Lauderdale 33068 Neil Buckeridge 954/597-4757
NBuckeridge@NLauderdale.org
City of North Miami 12098 NW 11 Ave. North Miami 33168 Pavel Vida 305/953-2854
PVida@northmiamiFL.gov
City of North Miami Beach 19150 NW 8th Avenue Miami Gardens 33169 Moises Sierra / Carlos
Carrazana
787/406-9628 305/650-0000
Moises.sierraortiz@jacobs.com
Carlos.carrazana@Citynmb.com
Village of Palm Springs 360 Davis Road Palm Springs 33461 Dave Burgin 561/635-4282 dburgin@vpsfl.org
Village of Palm Springs 5618 Basil Drive West Palm Beach 33415 Dave Burgin 561/635-4282 dburgin@vpsfl.org
City of Pembroke Pines 7960 Johnson Street Pembroke Pines 33024 Michael Cepeda 786/644-8762
michael.cepeda@jacobs.com
City of Pompano Beach 301 NE 12th Street Pompano Beach 33060 Phil Hyer 954/545-7030
Phil.hyer@copbfl.com
City of Riviera Beach 800 W. Blue Heron Blvd. Riviera Beach 33404 David Danford 561/723-9973
ddanford@rivierabeach.org
City of Sunrise 4350 Springtree Drive Sunrise 33351 Roal Small 954/572-2424
rsmall@sunrisefl.gov
City of Sunrise 15450 Sludgemill Road Davie 33331 Hugo Alagic 954/434-6900
halagic@sunrisefl.gov
City of Tamarac 7803 NW 61st Street Tamarac 33321 Anthony Licata 954/597-3777
anthony.licata@tamarac.org
Village of Wellington 1100 Wellington Trace Wellington 33414 Karla Berroteran-
Castellon
561/753-2465
kberroteran@wellingtonfl.gov
City of West Palm Beach 1009 Banyan Blvd. West Palm Beach 33401 Sandra Feliciano 561/822-2290
sfeliciano@wpb.org
City of Tamarac Purchasing and Contracts Division
12
2. CONTACT INFORMATION AND QUESTIONS
For inquiries regarding this solicitation Bidders must submit questions online at
https://tamarac.bidsandtenders.org/Module/Tenders/en. Once on the webpage bidder should
click the solicitation they are interested in and click the “Submit a Question Button”. All questions
will be reviewed by the City and answered in the form of an addendum which will be uploaded to
the City’s website and available for all firms registered as plan holders. An example screen shot
of how to submit a question is shown below:
3. DIGITAL FORMS TO COMPLETED WITH BID
The following fillable digital forms have been created and must be submitted / acknowledged with
each bid:
Certification
Vendor Drug-Free Workplace
Bidder’s Qualification Statement
References
Boycotting Israel or Scrutinized Companies List
APPENDIX A – Part 1 – Contractor Pass Request Contact Information
APPENDIX A – Part 2 – Contractor Pass Request - List of Contractor Employees Requiring
Access to Facilities.
4. FORMS THAT MUST BE UPLOADED TO THE DOCUMENT UPLOAD SECTION
The following forms must be filled out, scanned back and uploaded to the defined section below:
Document Upload
#
Required forms to be printed out, filled out, scanned back in and
uploaded
Document Upload 1: Non-Collusive Affidavit and Acknowledgment Non-Collusive Affidavit
Document Upload 2: Certified Resolution
Document Upload 4: Certificate of Insurance Proof of Requirements
Document Upload 5: W9
Document Upload 6:
Vendor Narrative to address any issues as requested in the bid document.
(Please address any items to respond to requests for Licenses, product
specifications or other items required.)
Failure to provide the requested attachments may result in your bid being deemed non-
responsive.
City of Tamarac Purchasing and Contracts Division
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SPECIAL CONDITIONS
BID 20-21B
FURNISH, DELIVER AND DISCHARGE OF QUICKLIME
1. PURPOSE OF BID
The City of Tamarac is hereby requesting Bids, from qualified bidders, to supply quicklime per the
conditions and specifications contained in this document. This is a Cooperative Invitation to Bid
issued by the City of Tamarac on behalf of the participating governmental entities of the
Southeast Florida Governmental Purchasing Cooperative, referenced within this bid document.
All quantities given are estimates of annual usage and may be increased or decreased to meet
the requirements of each participant. No warranty is given or implied as to the exact quantities
that will be used during the term of this contract.
2. CONTRACT TERM
The contract term shall be for an initial period of three (3) years, beginning November 1, 2020.
The City reserves the right to renew the contract for three (3) additional one (1) year periods,
providing all parties agree to the extension and renewal terms.
3. PRICING
Prices quoted shall be F.O.B. destination, according to the rate in effect on the date set forth in
the proposal and shall include all fuel surcharges and demurrage charges.
A. Contract Pricing shall be based on delivered cost per ton. The Contract sum includes all
labor, materials and freight charges. Pricing will be subject to adjustment on a quarterly
basis in accordance with Section 3.C, “Escalation / De-escalation” shown herein.
B. In consideration of fluctuations in fuel prices, the City will allow rail and trucking fuel
surcharges during the term of the contract.
Rail Surcharge – The rail fuel surcharge rate will be based on actual contracts, invoices
or published rates of the contractor’s rail carrier. Contractor shall provide documentation
regarding the rail carrier’s pricing as a part of the request for an adjustment to the rail
surcharge. No surcharge will be applied on top of another one. The Bidder should
provide a rail fuel surcharge schedule as part of their bid submittal in the area provided in
Appendix B herein.
Trucking Surcharge - The truck fuel surcharge rate will be based on the Trucking Fuel
Surcharge Scale contained in Appendix B herein, which shall be determined by
referencing the U.S. On-Highway Diesel Fuel Prices – U.S. (Average), as published by
the U.S. Department of Energy, Energy Information Administration (DOE) for the third
Monday of the final month of each quarter. The truck fuel surcharge will be applied to the
base contract price per ton of quicklime transported effective with the start of the next
quarter. No surcharge will be applied on top of another one. The bidder shall utilize the
trucking fuel surcharge scale included in Appendix B as a basis for adjustment, and
surcharge adjustments will be based on that scale. The DOE Retail On-Highway Diesel
Price – US Average index may be found at: https://www.eia.gov/petroleum/gasdiesel/ .
C. Escalation/De-escalation:
1. The City will accept price adjustments on a quarterly basis on January 1st, April 1st,
July 1st and October 1st of each year. The Contractor must submit sufficient
documentation to be given consideration for a price increase and must pass-on a
price decrease when the Contractor’s costs are reduced. Approved documentation
may include, but not be limited to published U.S. Department of Energy (DOE)
reports on coal costs, Platt’s Coal Index, U.S. Bureau of Labor Statistics (BLS)
City of Tamarac Purchasing and Contracts Division
14
reports on Producer Price Index (PPI) for all commodities, U.S. Energy Information
Administration WTI publications on spot crude oil prices, BLS Electric Power
Generation, Transmission and Distribution Index, BLS Crushed and Broken
Limestone Index, BLS mining Machinery and Equipment Index; and copies of vendor
monthly internal cost reports and/or actual invoices. The bidder will need to validate
to the City, which sources will be used to justify price adjustments prior to
commencement of work under the agreement issued as the result of this invitation for
bid. The City reserves the right to exercise final approval of the sources to be used
for price adjustment justification.
2. Rail and Truck freight charges and changes for transfer costs require written
verification from vendor’s freight and transfer subcontractors, provided to the
Purchasing & Contracts Division prior to initial contract term expiration of the
Agreement. All Rail and Truck fuel surcharges will be applied initially on November
1, 2020, subject to change in accordance with the schedule provided in Section 3.C.1
herein.
3. The City acknowledges that Contractor’s rail and truck carriers adjust fuel surcharges
monthly. The Contractor will apply fuel surcharges for each quarter based on the
amount of the rail and truck fuel surcharges in effect for the month preceding the
quarterly price change as calculated in accordance with Special Conditions Section
3.B “Pricing”, herein and utilizing Appendix B to this bid.
4. Cost adjustments, in all cases, shall reflect only a direct pass-through of costs,
and no changes to the Contractor’s profit margin shall be permitted. The City
and the Contractor may also utilize recognized government/industry indices or
combination of indices to be mutually agreed upon by the City and Contractor,
when determining price increases. The City reserves the right to allow the
Contractor to utilize alternative indices for price adjustment justification;
however, the Contractor will only be allowed to change these indices at the
time of any potential contract renewal, unless the index or indices cease
publication, in which case the Contractor will be allowed to make changes to
for any discontinued index during the contract period. The City reserves final
judgement in the determination of the acceptance of specific indices to be
utilized for the justification of price adjustments.
4. BASIS FOR ADJUSTMENT OR REJECTION OF SHIPMENTS
The City reserves the right to reject, at the Bidder's expense, any shipment that fails to meet the
specifications listed herein. The Bidder shall be given twenty-four (24) hours after failure
notification to arrange for independent laboratory analysis of one (1) of the retained samples from
said shipment.
5. DAMAGE TO EQUIPMENT
If it is determined that the Bidder has shipped a product other than that specified, resulting in
equipment damage, the Bidder shall assume full responsibility for the cost of repairs.
6. DELIVERY
Bidder shall be capable of and agree to the following:
A. Delivery 24-hours per day, seven days per week.
B. Furnish a weight certification with each shipment. Certificate shall indicate gross, tare and
net weights.
C. As may be requested by using department, provide a physical and chemical analysis with
each delivery. The analysis shall be certified and performed by a reputable testing
laboratory. A one (1) pound airtight sample must accompany each shipment.
City of Tamarac Purchasing and Contracts Division
15
D. Deliver to the designated facilities and discharge product pneumatically into the specified
storage tank.
E. The risk of loss, injury or destruction, regardless of the cause, shall be on the Bidder until
the delivery of goods to the designated City or agency location. Title to the goods shall
pass to the City or agency upon delivery and acceptance.
7. INVOICING
Invoice shall indicate Purchase Order number, Unit price, extension, total billed and any allowable
cash discounts.
8. INSURANCE
Bidders shall submit copies of their current insurance certificates with the bid as refernced in the
General Terms and Conditions. Failure to do so may cause rejection of the Bid.
9. REGULATORY COMPLIANCE
The Bidder shall submit a statement that the product or chemicals added to the drinking water
conforms to the National Sanitation Foundation (NSF) Standard 60 (or referenced alternative
standards).
10. SECURITY
The awarded Contractor shall be required to complete the and upload the "Contractor Pass
Request Form" (See attached Exhibit A), with photo identification of all personnel authorized to
be on premises at City delivery sites. This form will be sent to the awarded vendor(s) with the
notification of award letter.
Personnel additions and/or deletions shall be reported to the City's designated representative in
writing, via fax to a number to be provided by the using agency, within twenty four (24) hours of
the personnel change, by modification of the names submitted on the original Contractor Pass
Request Form.
All personnel shall check-in with the Security Guard or Operator on duty immediately upon arrival
at any delivery location. Photo identification, purpose of visit, and name of City staff contact, shall
be required for entry.
Vendor shall ensure that only authorized vendor employees and/or authorized City personnel
shall have access to Vendor/City vehicles, work site, equipment, work products, reports,
electronic data and any/all other information pertaining to the City. Vendor shall not admit any
unauthorized personnel onto any work site. Vendor will not release, discuss or share any
information on systems, equipment and/or operations, to any non-City personnel.
Upon leaving premises, all personnel shall be required to check out with the Security Guard or
Operator on duty.
The awarded Contractor shall be held responsible for complying with these procedures.
11. CAPABILITIES OF THE SUPPLIER
Suppliers of Quicklime under any Agreement resulting from this Invitation for Bid should be
actively engaged in the actual production of Quicklime, and may be requested to demonstrate
that the firm has the adequate equipment, supplies and labor required to produce the finished
material and maintain production of Quicklime, and a continuity of supply to agencies within the
Southeast Florida Governmental Purchasing Cooperative. The Supplier must have appropriate
reliable distribution channels to transport, deliver and discharge quicklime at the requested
delivery locations included herein. Additionally, the firm may be requested to provide copies of its
most recent audited financial statement demonstrating that the firm has the necessary financial
capability to meet the requirements of agencies within the Southeast Florida Governmental
Purchasing Cooperative, as well as information that demonstrates the past experience in making
compliant product deliveries for large quantities of quicklime at water treatment facilities similar to
City of Tamarac Purchasing and Contracts Division
16
those used by the City. The Bidder will be required to respond to questions included in the Bids
and Tenders electronic solicitation document.
12. CONSIDERATION FOR AWARD
The City reserves the right to consider a Bidders history of citations and/or violations of
environmental regulations in determining a Bidder's responsibility, and further reserves the right
to declare a bidder not responsible if the history of violations warrants such determination. A
complete history of all citations, violations, notices or dispositions shall be submitted with bid. The
non-submission of any such documentation shall be deemed an affirmation by the Bidder that
there are no citations or violations. Bidder shall notify the City immediately of any citation or
violation received after the Bid opening date and during the time of performance of any contract
awarded to Bidder.
Other considerations for award include:
A. The ability and capacity of the Bidder to perform the requirements of the bid.
B. The availability and quality of the Bidder's product to the required use.
Remainder of Page Intentionally Blank
City of Tamarac Purchasing and Contracts Division
17
TECHNICAL SPECIFICATIONS
BID NO. 20-21B
FURNISH, DELIVER AND DISCHARGE OF QUICKLIME
Type 1: Pebble lime, bulk must be in accordance with American National Standards Institute (ANSI)
approved American Water Works (AWWA) Standard Specification B-202-02. The following requirements
and testing procedures are applicable.
(A) Slaking Rate
Minimum temperature rise after three (3) minutes slaking time shall be 40 degrees Centigrade.
(B) Calcium Oxide (CaO) Content
Shall contain a minimum of 92% free lime.
(C) Residue After Slaking
Residue shall not be more than 2% by weight on 30 mesh sieve.
(D) Sampling Procedure
1. Approximately 10 pounds of lime shall be taken by random sampling during the time that
each shipment is being unloaded. Material is to be immediately placed in airtight
containers to minimize contact with air. This ten-pound sample shall be used for testing.
2. The sample will be quartered and each of the four (4) quarters shall be placed in airtight
containers. One quarter (1/4) will be used by the City’s laboratory for analysis. Two
quarters (2/4) will be set aside for use by the Bidder and a referee laboratory in the event
of a dispute. City will use the final quarter in the event of a dispute.
(E) Testing Procedures
1. Slaking Rate
As covered in ANSI/AWWA Specifications, B-202-02, Section 5.4.
2. Calcium Oxide
As covered in ANSI/AWWA Specifications, B-202-02, Section 5.3.2.
3. Residue After Slaking
As covered in ANSI/AWWA Specifications, B-202-02, Section 5.5.
(F) Pebble Size: -1/2” x 5 mesh (-1/2” x 0.157”)
Type 1A: Foundry or Rice lime, bulk must be in accordance with American National Standards Institute
(ANSI) approved American Water Works (AWWA) Standard Specification B-202-02. The following
requirements and testing procedures are applicable.
(A) Slaking Rate
Minimum temperature rise after three (3) minutes slaking time shall be 40 degrees Centigrade.
(B) Calcium Oxide (CaO) Content
Shall contain a minimum of 89% free lime.
(C) Residue After Slaking
Residue shall not be more than 2% by weight on 30 mesh sieve.
City of Tamarac Purchasing and Contracts Division
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(D) Sampling Procedure
1. Approximately 10 pounds of lime shall be taken by random sampling during the time that
each shipment is being unloaded. Material is to be immediately placed in airtight
containers to minimize contact with air. This ten-pound sample shall be used for testing.
2. The sample will be quartered and each of the four (4) quarters shall be placed in airtight
containers. One quarter (1/4) will be used by the City’s laboratory for analysis. Two
quarters (2/4) will be set aside for use by the Bidder and a referee laboratory in the event
of a dispute. City will use the final quarter in the event of a dispute.
(E) Testing Procedures
1. Slaking Rate
As covered in ANSI/AWWA Specifications, B-202-02, Section 5.4.
2. Calcium Oxide
As covered in ANSI/AWWA Specifications, B-202-02, Section 5.3.2.
3. Residue After Slaking
As covered in ANSI/AWWA Specifications, B-202-02, Section 5.5.
(F) Foundry/Rice Size: -5 mesh x 14 mesh (0.157” x 0.0555”)
Type 2. Hi-Cal, Granular lime, bulk must be in accordance with American National Standards Institute
(ANSI) approved American Water Works (AWWA) Standard Specification B-202-02. The following
requirements and testing procedures are applicable.
(A) Slaking Rate:
Minimum temperature rise after three (3) minutes slaking time shall be 40 degrees Centigrade.
(B) Calcium Oxide (CaO) Content
Shall contain a minimum of 92% free lime total, and a minimum of 87% available CaO, per ASTM
C-25 method.
(C) Residue After Slaking
Residue shall not be more than 2% by weight on 30 mesh sieve.
(D) Sampling Procedure
1. Approximately 10 pounds of lime shall be taken by random sampling during the time that
each shipment is being unloaded. Material is to be immediately placed in airtight
containers to minimize contact with air. This ten-pound sample shall be used for testing.
2. The sample will be quartered and each of the four (4) quarters shall be placed in airtight
containers. One quarter (1/4) will be used by the City’s laboratory for analysis. Two
quarters (2/4) will be set aside for use by the Bidder and a referee laboratory in the event
of a dispute. City will use the final quarter in the event of a dispute.
City of Tamarac Purchasing and Contracts Division
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(E) Testing Procedures
1. Slaking Rate
As covered in ANSI/AWWA Specifications, B-202-02, Section 5.4.
2. Calcium Oxide
As covered in ANSI/AWWA Specifications, B-202-02, Section 5.3.2.
3. Residue After Slaking
As covered in ANSI/AWWA Specifications, B-202-02, Section 5.5.
(F) Sizing:
Granular product U.S. sieves size 0” x 1/8”. Bulk density average of 63 lb. per cubic foot.
Remainder of Page Intentionally Blank
City of Tamarac Purchasing and Contracts Division
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BID FORM
INVITATION FOR BID
IFB 20-21B
FURNISH, DELIVER AND DISCHARGE OF QUICKLIME
NOTE: THIS FORM IS PROVIDED FOR INFORMATIONAL
PURPOSES ONLY!! ALL PRICING MUST BE SUBMITTED
ELECTRONICALLY THROUGH THE CITY’S BIDS & TENDERS
PLATFORM!!
We propose to furnish the following in conformity with the specifications. The bid prices quoted
are certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the
successful completion of its obligation as specified in the contract documents. Rail and Truck
fuel surcharges are not included on the spreadsheet below and will be invoiced as separate line
items per the requirements outlined in Section 3, “Pricing” of the Special Conditions herein. To
assure continuity of supply, it is the intent of the City to award this bid to the lowest responsible
and responsive bidder. The City reserves the right to award the bid on a split order basis, lump
sum (preferred) or individual item basis unless otherwise stated.
AGENCY DELIVERY ADDRESS ANNUAL
USAGE
PRICE
PER TON
FREIGHT
CHARGE
TOTAL
COST
DELIVERED
Type 1 – Pebble Lime
Broward County Dist. 1 3701 N State Road 7 2500 $_______ $_______ $_________
Broward County Dist. 2 1390 NE 51 St. 4500 $_______ $_______ $_________
City of Coral Springs (1) 3800 NW 85th Avenue, Coral Springs 1352 $_______ $_______ $_________
Town of Davie 3500 NW 76th Avenue, Hollywood 1000 $_______ $_______ $_________
City of Dania Beach 1201 Stirling Road, Dania Beach 350 $_______ $_______ $_________
City of Deerfield Beach 290 Goolsby Blvd. – West Plant, Deerfield
Beach
1415 $_______ $_______ $_________
City of Fort Lauderdale
(2)
949 NW 38th St., Ft. Lauderdale 11500 $_______ $_______ $_________
City of Hallandale Beach
(3)
630 NW 6th Avenue, Hallandale Beach 900 $_______ $_______ $_________
City of Lake Worth
Beach
301 College St., Lake Worth Beach 525 $_______ $_______ $_________
City of Lauderhill 2101 NW 49th Avenue, Lauderhill 1825 $_______ $_______ $_________
City of North Lauderdale 841 NW 71st Avenue, North Lauderdale 650 $_______ $_______ $_________
City of North Miami 12098 NW 11th Ave, North Miami 1150 $_______ $_______ $_________
Village of Palm Springs 360 David Road, Palm Springs 600 $_______ $_______ $_________
Village of Palm Springs 5618 Basil Drive, West Palm Beach 600 $_______ $_______ $_________
City of Pompano Beach 301 NE 12th Street, Pompano Beach 2200 $_______ $_______ $_________
City of Riviera Beach 800 W. Blue Heron Blvd., Riviera Beach 588 $_______ $_______ $_________
City of Tamarac Purchasing and Contracts Division
21
AGENCY DELIVERY ADDRESS ANNUAL
USAGE
PRICE
PER TON
FREIGHT
CHARGE
TOTAL
COST
DELIVERED
City of Sunrise 4350 Springtree Drive, Sunrise 2400 $_______ $_______ $_________
City of Sunrise 15400 Sludge Mill Road, Davie 600 $_______ $_______ $_________
Village of Wellington 1100 Wellington Trace, Wellington 1330 $_______ $_______ $_________
TYPE 1A – Foundry/ Rice Lime
City of Boynton Beach 124 E. Woolbright Rd., Boynton Beach 1685 $_______ $_______ $_________
City of Delray Beach 201 SW 7th St., Delray Beach 3650 $_______ $_______ $_________
City of Hollywood 3441 Hollywood Blvd., Hollywood 2400 $_______ $_______ $_________
City of Margate 980 NW 66th Ave, Margate 2000 $_______ $_______ $_________
City of North Miami
Beach
19150 NW 8th Ave, Miami Gardens 3000 $_______ $_______ $_________
City of Pembroke Pines 7960 Johnson Street, Pembroke Pines 4200 $_______ $_______ $_________
City of Tamarac 7803 NW 61st Street, Tamarac 1500 $_______ $_______ $_________
City of West Palm Beach 1009 Banyan Blvd., West Palm Beach 5200 $_______ $_______ $_________
TYPE 2 -- Hi CAL Granular
City of Hollywood Wastewater, 1621 N14th Ave, Hollywood 5550 $_______ $_______ $_________
Total Annual Tonnage 65,170 $_________
Delivery Location Special Conditions:
(1) Coral Springs – Must deliver between 8:00AM and 4:00PM Monday to Friday ONLY.
(2) Fort Lauderdale – Must deliver between 7:00AM and 3:00 Daily.
(3) Hallandale Beach – Delivery to be made by a tanker truck @ 25 Tons/shipment. Lime to be
pneumatically transferred from truck to silo. Delivery must be within 3 days of order.
City of Tamarac Purchasing and Contracts Division
22
APPENDIX A
CONTRACTOR PASS REQUEST
THIS FORM IS AVAILABLE ON THE CITY’S ELECTRONIC SOLICITATION SITE,
BIDS & TENDERS, AND BIDDERS MUST PROVIDE INFORMATION IN THE
DESIGNATED AREA WITHIN THE BID DOCUMENT. (BIDDER MAY ADD
ADDITIONAL ROWS.)
Vendor Name:
Vendor Address:
Vendor Contact Name:
Vendor Contact Phone Number:
List of Contractor Employees Requiring Entry to Facilities
(Attach copy of Picture Identification for all persons listed below)
Name Work to be Performed
City of Tamarac Purchasing and Contracts Division
23
APPENDIX B
2020 TRUCK FUEL SURCHARGE SCALE
Truck Fuel Surcharges are a percentage of the truck freight rate for product movement from the bidder’s
distribution origin to the customer’s site. Truck Fuel Surcharges are subject to change quarterly.
• The percentage of the Monthly Truck Fuel Surcharge is computed by determining the Department
of Energy’s DOE Retail On-Highway Diesel Price – US Average index may be found at:
published on the 3rd Monday of the last month of the quarter. DOE Diesel Prices may be found
at the following website: https://www.eia.gov/petroleum/gasdiesel/
• Percentages change .5% for every $0.05 per gallon price change
DIESEL FUEL PRICE FS = % OF DIESEL FUEL PRICE FS = % OF
NATIONAL AVERAGE FREIGHT RATE NATIONAL AVERAGE FREIGHT RATE
$1.75 0.00% $3.00 13.00%
$1.80 1.00% $3.05 13.50%
$1.85 1.50% $3.10 14.00%
$1.90 2.00% $3.15 14.50%
$1.95 2.50% $3.20 15.00%
$2.00 3.00% $3.25 15.50%
$2.05 3.50% $3.30 16.00%
$2.10 4.00% $3.35 16.50%
$2.15 4.50% $3.40 17.00%
$2.20 5.00% $3.45 17.50%
$2.25 5.50% $3.50 18.00%
$2.30 6.00% $3.55 18.50%
$2.35 6.50% $3.60 19.00%
$2.40 7.00% $3.65 19.50%
$2.45 7.50% $3.70 20.00%
$2.50 8.00% $3.75 20.50%
$2.55 8.50% $3.80 21.00%
$2.60 9.00% $3.85 21.50%
$2.65 9.50% $3.90 22.00%
$2.70 10.00% $3.95 22.50%
$2.75 10.50% $4.00 23.00%
$2.80 11.00% $4.05 23.50%
$2.85 11.50% $4.10 24.00%
$2.90 12.00% $4.15 24.50%
$2.95 12.50% $4.20 25.00%
City of Tamarac Purchasing and Contracts Division
24
SAMPLE FORM AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
(SUCCESSFUL BIDDER)
NOTE: THIS IS A SAMPLE AGREEMENT DOCUMENT IS PROVIDED
FOR INFORMATIONOAL PURPOSES ONLY!! ACTUAL AGREEMENT
DOCUMENT WILL BE COMPLETED BY THE SUCCESSFUL BIDDER
AT TIME OF AWARD!!
THIS AGREEMENT is made and entered into this day of , 20__ by and between
the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave.,
Tamarac, FL 33321 (the “CITY”) and ,
a corporation with principal offices located at (the
“Contractor”) to provide for .
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor
agree as follows:
1. The Contract Documents
The contract documents consist of this Agreement, Bid Document No. 20-21B, “Furnish, Deliver
and Discharge Quicklime”, including all conditions therein, (General Terms and Conditions, Special
Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor’s
bid/proposal included herein, and all modifications issued after execution of this Agreement; and Contract
Exhibit A, which is a schedule of delivered pricing for individual delivery locations. These contract
documents form the Agreement, and all are as fully a part of the Agreement as if attached to this
Agreement or repeated therein. In the event that there is a conflict between Bid Document No. 20-21B,
“Furnish Deliver and Discharge Quicklime”, as issued by the City, and the Contractor’s Proposal, Bid
Document No. 20-21B, as issued by the City shall take precedence over the Contractor’s Proposal.
Furthermore, in the event of a conflict between this document and any other contract documents, this
Agreement shall prevail.
2. The Work
2.1. The Contractor shall perform all work for the City required by the contract documents as
set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to Furnish,
Deliver and Discharge Quicklime in accordance with the Technical
Specifications, terms and conditions contained in Bid Document 20-21B,
“Furnish, Deliver and Discharge Quicklime”.
2.1.2 Contractor shall supervise the work force to ensure that all workers conduct
themselves and perform their work in a safe and professional manner.
Contractor shall comply with all OSHA safety rules and regulations in the
operation of equipment and in the performance of the work. Contractor shall at
all times have a competent field supervisor on the job site to enforce these
policies and procedures at the Contractor’s expense.
2.1.3 Contractor shall comply with any and all Federal, State, and local laws and
City of Tamarac Purchasing and Contracts Division
25
regulations now in effect, or hereinafter enacted during the term of this
Agreement, which are applicable to the Contractor, its employees, agents or
subcontractors, if any, with respect to the work and services described herein.
2.1.4 Contractor shall be required to complete the "Contractor Pass Request Form"
(See attached Appendix A to Bid Document No. 20-21B), with photo identification
of all personnel authorized to be on premises at City delivery sites. This form will
be sent to the awarded vendor(s) with the notification of award letter.
2.1.5 Personnel additions and/or deletions shall be reported to the City's designated
representative in writing, via fax to a number to be provided by the using agency,
within twenty four (24) hours of the personnel change, by modification of the
names submitted on the original Contractor Pass Request Form.
2.1.6 All personnel shall check-in with the Security Guard or Operator on duty
immediately upon arrival at any delivery location. Photo identification, purpose of
visit, and name of City staff contact, shall be required for entry.
2.1.7 Contractor shall ensure that only authorized Contractor employees and/or
authorized City personnel shall have access to Contractor/City vehicles, work
site, equipment, work products, reports, electronic data and any/all other
information pertaining to the City. Contractor shall not admit any unauthorized
personnel onto any work site. Contractor will not release, discuss or share any
information on systems, equipment and/or operations, to any non-City personnel.
2.1.8 Upon leaving premises, all personnel shall be required to check out with the
Security Guard or Operator on duty.
3. Insurance
3.1. Contractor shall obtain at Contractor’s expense all necessary insurance in such form and
amount as specified in the original bid document or as required by the City’s Risk and
Safety Manager before beginning work under this Agreement including, but not limited to,
Workers' Compensation, Commercial General Liability, Builder’s Risk and all other
insurance as required by the City, including Professional Liability when appropriate.
Contractor shall maintain such insurance in full force and effect during the life of this
Agreement. Contractor shall provide to the City’s Risk and Safety Manager certificates of
all insurances required under this section prior to beginning any work under this
Agreement. The Contractor will ensure that all subcontractors comply with the above
guidelines and will retain all necessary insurance in force throughout the term of this
agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from
failure of the Contractor to take out and maintain such insurance. Contractor’s Liability
Insurance policies shall be endorsed to add the City as an additional insured, and shall
list the City as the Certificate Holder. Contractor shall be responsible for payment of all
deductibles and self-insurance retentions on Contractor’s Liability Insurance policies.
Insurance limits are outlined below:
o General Liability - $1M per occ. / $2M aggregate
o Automobile – $1M per occ. / $1M aggregate
o Workers Comp – Statutory
3.3 Contractor shall at a minimum, provide the level of coverage provided for in Section 3.2
of this Agreement to any other organization in the Southeast Florida Governmental
Purchasing Cooperative, and shall provide those agencies with their own Certificate of
Insurance to validate coverage for their entity.
City of Tamarac Purchasing and Contracts Division
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4. Term
The term of this Agreement shall be for an initial three (3) year period, beginning November 1,
2020 through October 31, 2023. The City reserves the right to renew this Agreement for three (3)
additional one (1) years periods subject to the Contractor’s acceptance, satisfactory performance and
determination that renewal will be in the best interest of the City.
5. Contract Sum
The Contract Sum for the above work for entities listed in Contract Exhibit A (UNIT PRICING
PROVIDED IN BID) shall be based on delivered cost per ton. The Contract sum includes all labor,
materials and freight charges for the job also known as Bid No. 20-21B, “Furnish, Deliver, and Discharge
Quicklime” for the Southeast Florida Government Purchasing Cooperative entities listed in Contract
Exhibit A. All Terms and Conditions, except product price, freight, transfer, and rail and truck fuel
surcharges shall remain firm through the term of the contract, Pricing shown in Contract Exhibit A, shall
be firm for the initial contract period from November 1, 2020 through October 31, 2023, Pricing changes
will thereafter be allowable on a quarterly basis in accordance with Section 5.3, “Escalation / De-
escalation” shown herein.
5.1 Contract Pricing shall be based on delivered cost per ton. The Contract sum includes all
labor, materials and freight charges pricing shall be firm for the initial contract period
from November 1, 2020 through October 31, 2023. Pricing changes will thereafter be
allowable on a quarterly basis in accordance with Section 3.C, “Escalation / De-
escalation” shown herein.
5.2 In consideration of fluctuations in fuel prices, the City will allow rail and trucking fuel
surcharges during the term of the contract.
5.2.2 Rail Surcharge – The rail fuel surcharge rate will be based on actual contracts,
invoices or published rates of the contractor’s rail carrier. Contractor shall provide
documentation regarding the rail carrier’s pricing as a part of the request for an
adjustment to the rail surcharge. No surcharge will be applied on top of another
one. The Bidder should provide a rail fuel surcharge schedule as part of their bid
submittal in the area provided in Appendix B herein.
5.2.3 Trucking Surcharge - The truck fuel surcharge rate will be based on the Trucking
Fuel Surcharge Scale contained in Appendix B herein, which shall be determined
by referencing the Retail On-Highway Diesel Price – U.S. Average, as published
by the U.S. Department of Energy, Energy Information Administration (DOE) for
the third Monday of the final month of each quarter. The truck fuel surcharge will
be applied to the base contract price per ton of quicklime transported effective
with the start of the next quarter. No surcharge will be applied on top of another
one. The bidder shall utilize the trucking fuel surcharge scale included in
Appendix B as a basis for adjustment, and surcharge adjustments will be based
on that scale. The DOE Retail On-Highway Diesel Price – US Average index
may be found at:
http://tonto.eia.doe.gov/oog/info/wohdp/diesel_detail_report_combined.asp
5.3 Escalation/De-escalation:
5.3.1 The City will accept price adjustments on a quarterly basis on January 1st, April
1st, July 1st and October 1st of each year. The Contractor must submit sufficient
documentation to be given consideration for a price increase, and must pass-on
a price decrease when the Contractor’s costs are reduced. Approved
documentation includes, but is not limited to published U.S. Department of
Energy (DOE) reports on coal costs, Platt’s Coal Index, U.S. Bureau of Labor
City of Tamarac Purchasing and Contracts Division
27
Statistics (BLS) reports on Producer Price Index (PPI) for all commodities, U.S.
Energy Information Administration WTI publications on spot crude oil prices, BLS
Electric Power Generation, Transmission and Distribution Index, BLS Crushed
and Broken Limestone Index, BLS mining Machinery and Equipment Index; and
copies of vendor monthly internal cost reports and/or actual invoices.
5.3.2 Rail and Truck freight charges and changes for transfer costs require written
verification from vendor’s freight and transfer subcontractors, provided to the
Purchasing & Contracts Division prior to initial contract term expiration of the
Agreement. All Rail and Truck fuel surcharges will be applied initially on
November 1, 2020, subject to change in accordance with the schedule provided
in Section 3.C.1 herein.
5.3.3 The City acknowledges that Contractor’s rail and truck carriers adjust fuel
surcharges monthly. The Contractor will apply fuel surcharges for each quarter
based on the amount of the rail and truck fuel surcharges in effect for the month
preceding the quarterly price change as calculated in accordance with Section 5.2
of this Agreement, utilizing Appendix B to the original bid #20-21B. At the end of
each quarter, the Contractor will process a “true up” by comparing the actual
monthly rail and truck fuel surcharges for the quarter to the rail and truck fuel
surcharges implemented at the time of the quarterly price change. Based on this
comparison, the Contractor will issue the City a credit or debit that represents the
variance.
5.3.4 Cost adjustments, in all cases, shall reflect only a direct pass-through of costs,
and no changes to the Contractor’s profit margin shall be permitted. The City
and the Contractor may also utilize recognized government/industry indices or
combination of indices to be mutually agreed upon by the City and Contractor,
when determining price increases.
6 Payments
A monthly payment will be made for work that is completed, accepted and properly invoiced. The
City shall pay the Contractor for work performed subject to the specifications of Bid 20-21B. All payments
shall be governed by the Local Government Prompt Payment Act, F.S., Part VII; Chapter 218.
7 Conditions of Material
All materials and products supplied by the Bidder in conjunction with this bid shall conform to the
specifications of the bid. The City reserves the right to return the product to the Bidder and require the
delivery of new product at no cost to the City.
8 Indemnification
8.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed
officials, employees, and agents from any and all claims, suits, actions, damages, liability,
and expenses (including attorneys’ fees) in connection with loss of life, bodily or personal
injury, or property damage, including loss of use thereof, directly or indirectly caused by,
resulting from, arising out of or occurring in connection with the operations of the
Contractor or its officers, employees, agents, subcontractors, or independent
Contractors, excepting only such loss of life, bodily or personal injury, or property
damage solely attributable to the gross negligence or willful misconduct of the City or its
elected or appointed officials and employees. The above provisions shall survive the
termination of this Agreement and shall pertain to any occurrence during the term of this
Agreement, even though the claim may be made after the termination hereof.
City of Tamarac Purchasing and Contracts Division
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8.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or
in the event of termination of this Agreement for any reason, the terms and conditions of
this Article shall survive indefinitely.
i. The Contractor shall pay all claims, losses, liens, settlements or judgments of any
nature whatsoever in connection with the foregoing indemnifications including, but
not limited to, reasonable attorney's fees (including appellate attorney's fees) and
costs.
ii. City reserves the right to select its own legal counsel to conduct any defense in any
such proceeding and all costs and fees associated therewith shall be the
responsibility of Contractor under the indemnification agreement.
8.3 The City and Contractor recognize that various provisions of this Agreement, including but
not limited to this Section, provide for indemnification by the Contractor and requires a
specific consideration be given there for. The Parties therefore agree that the sum of Ten
Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific
consideration for such indemnities, and the providing of such indemnities is deemed to be
part of the specifications with respect to the services to be provided by Contractor.
Furthermore, the City and Contractor understand and agree that the covenants and
representations relating to this indemnification provision shall serve the term of this
Agreement and continue in full force and effect as to the City’s and the Contractor’s
responsibility to indemnify.
8.4 Nothing contained herein is intended nor shall be construed to waive City’s rights and
immunities under the common law or Florida Statutes 768.28, as amended from time to
time.
9 Non-Discrimination & Equal Opportunity Employment
During the performance of the Contract, the Contractor and its subcontractors shall not
discriminate against any employee or applicant for employment because of race, color, sex including
pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual
orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative
action to ensure that employees and those of its subcontractors are treated during employment, without
regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political
affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such
actions must include, but not be limited to, the following: employment, promotion; demotion or transfer;
recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to
post in conspicuous places, available to its employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The
Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and
will comply with this nondiscrimination clause.
10 Independent Contractor
This Agreement does not create an employee/employer relationship between the Parties. It is the
intent of the Parties that the Contractor is an independent contractor under this Agreement and not the
City’s employee for any purposes, including but not limited to, the application of the Fair Labor Standards
Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act,
the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's
Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and
absolute discretion in the judgment of the manner and means of carrying out Contractor’s activities and
responsibilities hereunder provided, further that administrative procedures applicable to services rendered
under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City,
State, or United States policies, rules or regulations relating to the use of Contractor’s funds provided for
City of Tamarac Purchasing and Contracts Division
29
herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had
full opportunity to find other business, that it has made its own investment in its business, and that it will
utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as
creating any joint employment relationship between the Contractor and the City and the City will not be
liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or
overtime premiums.
11 Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this Agreement without the
prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the
prior written consent of the city.
12 Notice
Whenever either party desires or is required under this Agreement to give notice to any other
party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express
Mail, air or ground courier services, or by messenger service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
13 Termination
13.1 Termination for Convenience: This Agreement may be terminated by the City for
convenience, upon seven (7) days of written notice by the terminating party to the other
party for such termination in which event the Contractor shall be paid its compensation
for services performed to termination date, including services reasonably related to
termination. In the event that the Contractor abandons this Agreement or causes it to be
terminated, Contractor shall indemnify the city against loss pertaining to this termination.
13.2 Default by Contractor: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City for cause, should the Contractor
neglect or fail to perform or observe any of the material terms, provisions, conditions, or
requirements herein contained, if such neglect or failure shall continue for a period of
thirty (30) days after receipt by Contractor of written notice of such neglect or failure.
City of Tamarac Purchasing and Contracts Division
30
14 Uncontrollable Forces
14.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which,
by the exercise of reasonable diligence, the non-performing party could not avoid. The term
"Uncontrollable Forces" shall mean any event which results in the prevention or delay of
performance by a party of its obligations under this Agreement and which is beyond the
reasonable control of the nonperforming party. It includes, but is not limited to fire, flood,
earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
14.2 Neither party shall, however, be excused from performance if nonperformance is due to
forces, which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time
of being prevented or delayed from performance by an uncontrollable force, give written
notice to the other party describing the circumstances and uncontrollable forces preventing
continued performance of the obligations of this Agreement.
15 Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the expenditures provided for
in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual
budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding.
16 Venue
This Agreement shall be governed by the laws of the State of Florida as now and hereafter in
force. The venue for actions arising out of this agreement is fixed in Broward County, Florida.
17 Signatory Authority
The Contractor shall provide the City with copies of requisite documentation evidencing that the
signatory for Contractor has the authority to enter into this Agreement.
18 Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to
such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the
remaining provisions hereof or affecting the validity or enforceability of such provisions in any other
jurisdiction. The non-enforcement of any provision by either party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement.
19 Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and the City, and
negotiations and oral understandings between the parties are merged herein. This Agreement can be
supplemented and/or amended only by a written document executed by both the Contractor and the City.
20 No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to the drafting of this
Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement
concerning its construction, interpretation or otherwise accrue to the benefit of any party to the
Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or
disputes connected with, arising out of, or involving this Agreement.
City of Tamarac Purchasing and Contracts Division
31
21 Scrutinized Companies -- 287.135 AND 215.473
21.1 By execution of this Agreement, Contractor certifies that Contractor is not
participating in a boycott of Israel. Contractor further certifies that Contractor is not
on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized
Companies with Activities in Sudan List, and not on the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List, or has Contractor been
engaged in business operations in Syria. Subject to limited exceptions provided in
state law, the City will not contract for the provision of goods or services with any
scrutinized company referred to above.
21.2 Submitting a false certification shall be deemed a material breach of contract. The
City shall provide notice, in writing, to Contractor of the City's determination
concerning the false certification. Contractor shall have five (5) days from receipt of
notice to refute the false certification allegation. If such false certification is
discovered during the active contract term, Contractor shall have ninety (90) days
following receipt of the notice to respond in writing and demonstrate that the
determination of false certification was made in error. If Contractor does not
demonstrate that the City's determination of false certification was made in error
then the City shall have the right to terminate the contract and seek civil remedies
pursuant to Section 287.135, Florida Statutes, as amended from time to time.
22 Public Records
22.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The
Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor
shall:
22.1.1 Keep and maintain public records required by the City in order to perform the
service;
22.1.2 Upon request from the City’s custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
22.1.3 Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law for the duration of the contract term and following completion of the
contract if the contractor does not transfer the records to the City.
22.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records
in possession of the Contractor, or keep and maintain public records required by
the City to perform the service. If the Contractor transfers all public records to
the City upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must
be provided to the City, upon request from the City’s custodian of public records
in a format that is compatible with the information technology systems of the City.
22.2 During the term of the contract, the Contractor shall maintain all books, reports and
records in accordance with generally accepted accounting practices and standards for
records directly related to this contract. The form of all records and reports shall be subject
to the approval of the City’s Auditor. The Contractor agrees to make available to the City’s
City of Tamarac Purchasing and Contracts Division
32
Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all
books of account, reports and records relating to this contract.
23 Public Records Custodian
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK@TAMARAC.ORG
Remainder of Page Intentionally Blank
City of Tamarac Purchasing and Contracts Division
33
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates
under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and
CONTRACTOR, signing by and through its duly authorized to execute same.
CITY OF TAMARAC
Michelle J. Gomez, Mayor
Date
ATTEST: Michael C. Cernech, City Manager
Jennifer Johnson, CMC Date
City Clerk
Approved as to form and legal sufficiency:
Date
City Attorney
Date
ATTEST:
Company Name
Signature of Corporate Secretary Signature of President/Owner
Type/Print Name of Corporate Secy. Type/Print Name of President/Owner
(CORPORATE SEAL) Date
City of Tamarac Purchasing and Contracts Division
41
CORPORATE ACKNOWLEDGEMENT
STATE OF :
: SS
COUNTY OF :
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the
County aforesaid to take acknowledgments, personally appeared
, of ,
a Corporation, to me known to be the person(s) described in and who executed
the foregoing instrument and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this day of , 20 .
Signature of Notary Public
State of Florida at Large
Print, Type or Stamp
Name of Notary Public
Personally known to me or
Produced Identification
Type of I.D. Produced
DID take an oath, or
DID NOT take an oath.
October 2023
City of Dania Beach
Public Transportation
Agency Safety Plan (PTASP)
Prepared by:
City of Dania Beach
Public Services Department
City of Dania Beach
Public Transportation Agency Safety Plan (PTASP)
2
Contents
Introduction ..................................................................................................................... 3
PTASP Rule and Requirements ................................................................................... 3
Agency Overview ......................................................................................................... 5
Safety Objectives and Performance Targets................................................................ 9
Agency Coordination .................................................................................................. 10
Commonly Used Acronyms........................................................................................ 11
Definitions of Terms ................................................................................................... 12
Safety Management System (SMS) Framework ........................................................... 16
I: Safety Management Policy ..................................................................................... 18
II: Safety Risk Management ....................................................................................... 27
III: Safety Assurance .................................................................................................. 32
IV: Safety Promotion .................................................................................................. 38
State of Florida Requirements ....................................................................................... 40
City of Dania Beach
Public Transportation Agency Safety Plan (PTASP)
3
Introduction
This document serves as the City of Dania Beach’s Public Transportation Agency Plan
(PTASP) for its Broward County Transit (BCT) Community Shuttle Program (CSP)
transit system located in Broward County, Florida. It is intended to encompass all
current and future operations, services and projects and applies to all activities which
involve planning, design, procurement, installation and testing of equipment or facilities,
operations, maintenance, support activities, and the environment in which the transit
system operates.
PTASP Rule and Requirements
The City of Dania Beach is committed to comprehensive safety planning. As an
operator of a small public transportation system that receives Federal Financial
assistance under Title 49 of the United States Code (USC), the City of Dania Beach is
subject to FTA’s 49 CFR Part 673 Final Rule and as delineated in Florida Administrative
Code Section 14-90.004(1), has adopted the principles and methods of Safety
Management Systems (SMS) as the basis for enhancing the safety of its public
transportation system.
The plan incorporates the framework and principles of SMS for the City of Dania Beach
CSP operations and all applicable Subcontracted organization(s) to the extent practical
and consistent with applicable requirements for each SMS component: I) Safety
Management Policy, II) Safety Risk Management, III) Safety Assurance, and IV) Safety
Promotion. The PTASP adheres to the fundamentals and framework of SMS and
reflects the specific safety objectives, standards and priorities for BCT’s CSP and the
City of Dania Beach including the following required elements:
✓ The Safety Plan and subsequent updates will be signed by the
Accountable Executive and approved by the City of Dania Beach.
✓ The Safety Plan documents the processes and activities related to SMS
implementation.
✓ The Safety Plan includes performance targets based on the safety
performance criteria established under the National Public Transportation
Safety Plan (NSP), and the state of good repair standards established in
the regulations that implement the National Transit Asset Management
System and included in the NSP.
✓ The Safety Plan will comply with the minimum performance standards
authorized through the National Public Transportation Safety Plan (NSP)
✓ The City of City of Dania Beach will establish a process and timeline for
conducting an annual review and update of the Safety Plan.
✓ The City of City of Dania Beach and LSF will maintain the Safety Plan in
accordance with the recordkeeping requirements in subpart D of Part 673.
City of Dania Beach
Public Transportation Agency Safety Plan (PTASP)
4
Issuance and Update
The SMS plan will be reviewed and updated, as applicable, annually beginning on the
date of issuance. Immediate changes to the Public Transportation Agency Safety Plan
(PTASP) SMS procedures deemed paramount to safety mitigation may be authorized
by Subcontractor Ernest Nastari via a signed SMS Immediate Policy Amendment
Change Memo that has been reviewed and approved by the City’s Chief Safety Officer
Carl Green.
For these immediate changes, the Chief Safety Officer Carl Green/Subcontractor
General Manager will be responsible for ensuring communication to all concerned
parties through established internal communication venues and the update will be noted
on the PTASP Activity Log by the Chief Safety Officer /Subcontractor General Manager
Scope and Objectives
The SMS has been established consistent with business needs and regulatory impetus.
The SMS is designed to reduce safety risks to an acceptable level through a continuous
process of hazard identification and safety risk management practices to achieve the
following goals:
➢ Reducing transit safety, employee, and environmental risks by better managing
the City of Dania beach’s CSP safety risks and setting goals to eliminate or
reduce risks.
➢ Communication of safety risks to employees and their roles and responsibilities
related to risks.
➢ Increase awareness of safety issues at all levels, thereby providing a better
framework/structure for management to play a leadership role in addressing
safety concerns.
➢ Continuous improvement of Contractor LSF organization SMS and risk controls.
➢ Compliance with all applicable state and federal regulations.
➢ Foster a culture of change management so that safety issues are identified, and
risks are eliminated or reduced in the planning process and delays or other
impediments to business goals are avoided.
The SMS applies specifically to all Contracted and LSF organizations subject to Florida
Department of Transportation and the Federal Transit Administration regulation on SMS
and all City of Dania Beach’s CSP operations.
City of Dania Beach
Public Transportation Agency Safety Plan (PTASP)
5
Agency Overview
Broward County is in southeast Florida and is bordered by 2 counties: Palm Beach
County to the north, and Miami-Dade County to the south. As part of BCT’s CSP, the
City of Dania Beach entered an Interlocal Agreement (ILA) on September 23, 2019 to
provide transit service to the local community.
BCT’s CSP is a collaborative transit service that operates in partnership with Broward
County municipalities. The partnership is bound by an ILA in which the County provides
funding and propane-fueled buses to the municipalities and the municipalities operate a
pre-defined local fixed-route shuttle service with designated bus stops in their
communities.
According to the U.S. Census Bureau, the City of Dania Beach had an estimated
residential population of 31,658 in 2022. The City of Dania beach provides fixed-
schedule service on 2 routes. Most routes operate between 9am – 6:00pm on
weekdays and 9am-6:00pm on weekends. Routes are designed to complement the
County’s Fixed-Route system and to provide increased mobility and connectivity options
in areas within the community that larger buses are unable to serve. The City of Dania
Beach is responsible for the overall planning of the service, including bus stop locations.
Assisted by BCT staff, the City of Dania Beach determines the major origins and
destinations to be served by the route. Modifications to the routes are allowed; however,
implementation must coincide with the schedule established by the County for Fixed-
Route service. Travel times used for the implementation of bus schedules are
calculated by BCT staff. Bus operator training, printed bus schedules, and shuttle/bus
stop signs are provided by BCT. The City of Dania Beach must provide monthly
passenger boarding/ridership reports to BCT and maintain performance of a minimum
average of 7.1 Passengers Per Revenue Service Hour per route during any rolling
twelve (12) month period in order to remain qualified for the CSP.
The City of Dania Beach community shuttle daily operations and maintenance are
Subcontracted through a third-party, Limousines of South Florida (LSF).
Funding is paid quarterly in advance to municipalities in advance for operations and
maintenance (O&M) at an established O&M rate for the total vehicle hours of the
service. Propane-fueled buses equipped with wheelchair securements and bicycle racks
are purchased by BCT and leased to municipalities for $10.00 per bus annually. Should
municipalities choose to purchase non-propane-fueled buses, the County will reimburse
municipalities on a per-vehicle basis up to the County’s current purchase price of a
propane-fueled bus less the propane conversion or similar type vehicle from the Florida
state contract.
Capital assets that the City of Dania Beach owns, leases (from BCT), operates,
maintains, or has a direct capital responsibility comprises of the following asset
categories:
City of Dania Beach
Public Transportation Agency Safety Plan (PTASP)
6
Rolling Stock
Two (2) Vehicles for transporting of passengers.
Subcontractor (Limousines of South Florida) provides (1) Spare vehicle
Equipment
Subcontractor (Limousines of South Florida) provides One (1) Rotary Lift(s) used for
vehicle maintenance.
Facilities
Subcontractor Maintenance Facility located on Limousines of South Florida (LSF)
property located at 2000 N. State RD 7 Lauderdale Lakes FL 33313
Two (2) hubs serving as major transfer stations for the fixed-route services, Dania
Beach transfer hubs are The Dania Beach City Hall Shuttle and FTL Airport Tri-rail.
Transit Agency Information
Transit Agency Name City of Dania Beach
Transit Agency Address 100 West Dania Beach Boulevard, Dania Beach FL,
33004
Name and Title of
Accountable Executive
Fernando Rodriguez, City of Dania Beach Public
Services Director
Name of Chief Safety
Officer or SMS Executive
Carl Green, City of Dania Beach Transit Coordinator
Mode(s) of Service
Covered by this Plan
Community
Shuttle bus
List All FTA
Funding Types
(e.g., 5307, 5337,
5339)
5307
Mode(s) of Service
Provided by the Transit
Agency (Directly operated
or contracted service)
Subcontracted service
Limousines Of South Florida (LSF)
Does the agency provide
transit services on behalf
of another transit agency
or entity?
Yes
X
No Description of
Arrangement(s)
Community Shuttle Program
- Interlocal Agreement with
Broward County Transit
Name and Address of
Transit Agency(ies) or
Entity(ies) for Which
Service is Provided
Broward County Transit
1 N. University Drive, Suite 3100A
Plantation, FL 33324
City of Dania Beach
Public Transportation Agency Safety Plan (PTASP)
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Plan Development Approval and Certification of Compliance
The City of Dania Beach CSP’s Chief Safety Officer/ SMS Executive ensures that the
Public Transportation Agency Safety Plan (PTASP) is developed, implemented, and
maintained in an appropriate and effective manner. The Subcontract Operator, with
oversight of Operations and Fleet Maintenance , assists the Chief Safety Officer in this
effort. Any changes in policy, organization, rules, regulations, or operations
necessitating plan adjustments are to be accomplished within the established guidelines
of this plan and require review and approval by the Accountable Executive (Fernando
Rodriguez) and/or Chief Safety Officer (Carl Green). The PTASP will have ongoing
updates as necessary, including changes that will be implemented immediately. All
updates to the plan will be recorded on the PTASP activity log of this plan.
Name of Entity That
Drafted This Plan
City of Dania Beach
Signature by the
Accountable Executive
Signature of Accountable Executive Date of Signature
Approval by the Board
of Directors or an
Equivalent Authority
Name of Individual/Entity that
Approved This Plan
Date of Approval
City of Dania Beach Commissioners
Relevant Documentation (Title and Location)
Certification of
Compliance
Name of Individual/Entity that Certified
This Plan
Date of
Certification
City of Dania Beach
Relevant Documentation (Title and Location)
A paper copy of the approved PTASP is maintained on file
with the Transit Coordinator at 100 West Dania Beach
Boulevard, Dania Beach FL, 33004.
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Public Transportation Agency Safety Plan (PTASP)
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Plan Review and Modification
The City of Dania Beach’s Transit Coordinator and Public Services Director will review
the PTASP annually beginning the date of issuance, then forward to the City Manager
for review and approval. At the time of review, City of Dania Beach will discuss
performance targets and any other safety hazards identified previously. The plan will
have ongoing updates as necessary including changes that will be implement ed
immediately. Any updates to the plan will be recorded on the activity log of this plan.
This Agency Safety Plan addresses all applicable requirements and standards for Small
Transit Agencies as set forth in FTA’s Public Transportation Safety Program and the
National Public Transportation Safety Plan.
Revision
Number
Section/Pages Affected Reasons for Change Date Issued
Original
City of Dania Beach
Public Transportation Agency Safety Plan (PTASP)
9
Safety Objectives and Performance Targets
This section specifies performance targets based on the safety performance measures
established under the National Public Transportation Safety Plan (NSP) and the state of
good repair standards established in the regulations that implement the National Transit
Asset Management System which are included in the NSP.
It is the mission of the City of Dania Beach to provide safe, reliable public transit
services to its community. In order to implement the City of Dania Beach’s safety
policies, goals, and objectives, this plan requires coordination, integration,
communication, and cooperation among all directors, managers, supervisors,
departments, and City of Dania Beach employees.
Safety performance targets, as defined in CFR Part 673.5 are to be compiled after
reviewing the previous 5 years of performance data for:
• Fatalities: Total number of reportable fatalities and rate of fatalities per total
vehicle revenue miles (VRM), by mode.
• Injuries: Total number of reportable injuries and rate of injuries pe r total vehicle
revenue miles, by mode.
• Safety Events: Total number of reportable events and rate o f events per total
vehicle revenue miles, by mode.
• System Reliability: Average distance between major mechanical failures, by
mode.
BCT has set the following performance targets for the CSP, including the City of Dania
Beach, based on the safety performance criteria established under the National Public
Transportation Safety Plan (NSP).
Mode of
Transit
Service
Fatalities
(total)
Fatalities
(per 100
thousand
VRM)
Injuries
(total)
Injuries
(per 100
thousand
VRM)
Safety
Events
(total)
Safety
Events
(per 100
thousand
VRM)
System
Reliability
MDBF
(Miles)
Community
Shuttle
0 0.0 9 0.568 12 0.946 3,420
A reportable safety event is defined in CFR Part 673.5 as any accident, incident, or
occurrence.
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Agency Coordination
This section describes the coordination with FDOT and the Broward Metropolitan
Planning Organization (MPO) in the selection of State and MPO safety performance
targets.
BCT shares the safety performance targets with the Broward Metropolitan Planning
Organization (MPO) and the City of Dania Beach each year prior to the PTASP’s annual
update. BCT also provides the performance targets to the Florida Department of
Transportation (FDOT) Central Office Transit Safety Programs Manager. City of Dania
Beach personnel are available to coordinate with FDOT and the Broward MPO in the
selection/coordination of State and MPO safety performance targets upon request.
Targets Transmitted to
State
State Entity Name Transmittal Date
Florida Department of
Transportation District 4
10/28/2022
Targets Transmitted to
MPO
MPO Name Transmittal Date
Broward MPO 10/28/2022
City of Dania Beach
Public Transportation Agency Safety Plan (PTASP)
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Commonly Used Acronyms
The following acronyms apply to all related information in this manual
ADA Americans with Disabilities Act of 1990
AE Accountable Executive
ALARP As Low as Reasonably Practicable
ASP Agency Safety Plan (also referred to as PTASP in Part 673)
CAP Corrective Action Plan
CFR Code of Federal Regulations
CONTR Subcontractor
CSO Chief Safety Officer
CSP Community Shuttle Program
CT Community Transit
DIR Director
CONTR FM Subcontractor Fleet Manager
CONTR GM Subcontractor General Manager
CONTR OM Subcontractor Operations Manager
FAC Florida Administrative Code
FDOT Florida Department of Transportation
FTA Federal Transportation Administration
FM Fleet Manager
GM General Manager
OM Operations Manager
NM Near Miss
POC Point of Contact
NSP National Public Transportation Safety Plan
NTD National Transit Database
NTSB National Transportation Safety Board
PTASP Public Transit Agency Safety Plan (Replaces SSPP)
RA Risk Assessment
SA Safety Assurance
SMS Safety Management System
SMT Site Management Team
SRA Safety Risk Assessment
SRM Safety Risk Management
SSP System Security Plan
SSPP System Safety Program Plan (Replaced by PTASP)
TASC Transit Agency Safety Council
TAM Transit Asset Management
City of Dania Beach
Public Transportation Agency Safety Plan (PTASP)
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Definitions of Terms
The following definitions apply to all related informatio n in this manual.
Accident – an Event that involves any of the following: a loss of life; a report of a serious
injury to a person; a collision of public transit vehicles; an evacuation for life safety
reasons; at any time, whatever the cause.
Accountable Executive – a single, identifiable person who has ultimate responsibility for
carrying out the agency’s Public Transportation Agency Safety Plan (PTASP) and Transit
Asset Management Plan (TAMP); and control or direction over the human and capital
resources needed to develop and maintain both the agency’s PTASP, in accordance with
49 U.S.C. 5329(d), and the agency’s TAMP, in accordance with 49 U.S.C. 5326.
Audit – an examination of records and related materials, including, but not limited to,
those related to financial accounts.
Broward County Transit – the County’s Fixed Route/ADA public transportation system
serving unincorporated Broward County and local municipalities within Broward County,
Florida.
Chief Safety Officer or SMS Executive – an adequately trained individual who has the
responsibility for safety and reports directly to a transit agency’s chief executive officer,
general manager, president, or equivalent officer.
Community Shuttle Program – a collaborative transit service that operates in
partnership with municipalities in Broward County. The partnership is bound by an
Interlocal Agreement (ILA) in which Broward County provides funding and buses to the
municipalities, and the municipalities operate a pre-defined local fixed-route shuttle
service with designated bus stops in their communities.
Community Transit: Transit service provided via BCT’s CSP.
Contractor – municipality participating in the Broward County Transit Community Shuttle
Program under an Interlocal Agreement (i.e. contract) and is accountable on the terms of
the agreement.
Corrective Action Plan – a plan developed by recipient that describes the actions the
recipient will take to minimize, mitigate, correct, or eliminate risks and hazards, and the
schedule for taking those actions. Either BCT, a State Safety Oversight Agency (FDOT),
or FTA may require a transit agency to develop and carry out a corrective action plan.
Equivalent Authority – an entity that carries out duties similar to that of a Board of
Directors for a recipient or sub recipient of FTA funds under 49 U.S.C. Chapter 53,
including sufficient authority to review and approve a recipient or sub recipient’s Public
Transportation Agency Safety Plan.
City of Dania Beach
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13
External Service Provider – performs operations, maintenance, safety, or risk
management services related to transit service delivery from outside a recipient’s
immediate organizational structure and work is performed under an inter or intra
governmental agreement, statute or regulation, not a contract.
Event – any Accident, Incident, or Occurrence.
Florida Department of Transportation (FDOT) – state agency that administers rules
and regulations as outlined in Florida Administrative Code Chapter 14-90
Florida Administrative Code Rule Chapter 14-90 – is the official compilation of the
administrative rules and regulations of state agencies that outlin es state law regarding
bus systems specific to operational, maintenance, and safety rules concerning public
transportation.
Hazard – any real or potential condition that can cause injury, illness, or death; damage
to or loss of the facilities, equipment, rolling stock, or infrastructure of the transit system or
damage to the environment.
Hazard Report – a report filed regarding a hazard identified in the workplace.
Incident – an Event that involves any of the following: a personal injury that is not a
serious injury, one or more injuries requiring medical transport; or damage to facilities,
equipment, rolling stock, or infrastructure that disrupts the operations of the transit
agency.
Investigation – the process of determining the casual and contributing factors of an
accident, incident or hazard for purpose of preventing reoccurrence and mitigating risk to
the lowest manageable level practicable.
National Public Transportation Safety Plan – a plan to improve the safety of all public
transit systems that receive Federal financial assistance under 49 U.S.C. Chapter 53.
Near Miss – a safety event where conditions with potential to generate an accident,
incident, or occurrence existed, but where an accident, incident, or occurrence did not
occur because the conditions were contained by chance or by existing safety risk
mitigations.
Near Miss Report – a report filed from a narrowly avoided collision or other accident.
Occurrence – an event without any personal injury in which any damage to facilities,
equipment, rolling stock, or infrastructure does not disrupt the operations of the transit
agency.
Operator – a public transportation system provider of public transportation as defined
under 49 U.S.C. 5302.
City of Dania Beach
Public Transportation Agency Safety Plan (PTASP)
14
Performance Measure – an expression based on a quantifiable indicator of performance
or condition that is used to establish targets and to assess progress toward meeting the
established targets as prescribed by the National Public Transportation Safety Plan for
the following: 1) fatalities; 2) injuries; 3) safety events; and 4) system reliability
Performance Target – a specific quantifiable safety performance level related to safety
management activities established in the National Public Transportation Safety Plan
(NSP)
Public Transportation Agency Safety Plan (PTASP) – documented comprehensive
agency safety plan as required by 49 U.S.C. 5329 and Part 673.
Recipient – a State or local government authority, or any other operator of public
transportation that receives financial assistance under 49 U.S.C. Chapter 53 . The Ter,
“recipient” includes State Safety Oversight Agencies.
Recordable Injury – injury resulting in lost time at work.
Reporting Manager – an employee’s direct supervisor.
Risk – the composite of predicted severity and likelihood of the potential effect of a
hazard
Risk Assessment – a systematic study or examination and determination of a hazard to
establish the significance or value of the risk.
Risk Mitigation – a method or methods to eliminate or reduce the effects of hazards to
its lowest manageable level practicable.
Root Cause – The exact cause of an incident or accident where had the root cause found
not to be present, the accident or incident would not have happened.
Safety Assurance – the processes within the transit agency’s Safety Management
System that functions to ensure the implementation and effectiveness of safety risk
mitigation; and to ensure that the transit agency meets or exceeds its safety objectives
and activities through the collection, analysis, and assessment of information.
Safety Management Policy – the transit agency’s documented commitment to safety,
which defines the agency’s safety objectives and the accountabilities and responsibilities
of its employees regarding safety.
Safety Management System – the formal, top-down organization-wide approach to
managing safety risk and assuring effectiveness of the agency’s safety risk mitigation.
SMS includes effective systematic procedures, practices, and policies for managing risks
and hazards.
Safety Performance Target – a performance target related to safety management
activities.
City of Dania Beach
Public Transportation Agency Safety Plan (PTASP)
15
Safety Promotion – a combination of training and communication of safety information to
support SMS policy and procedure practices throughout the transit agency as applied to
the agency’s public transportation system.
Safety Review – an on-site assessment to determine if a bus transit system has
adequate safety management controls in place and fun ctioning in accordance with the
safety standards provided and incorporated by referen ce in this rule chapter.
Safety Risk Management – a process within the transit agency’s Agency Safety Plan for
identifying hazards and analyzing, assessing, and mitigating safety risk.
Serious Injury – an injury which (1) requires hospitalization for more than 48 hours,
commencing within 7 days from the date the injury was received; (2) results in a fracture
of any bone (except simple fractures of fingers, toes, or noses); (3) causes severe
hemorrhages, nerve, muscle, or tendon damage; (4) involves an internal organ; or (5)
involves second or third-degree burns, or any burns affecting more than 5 percent of the
body surface.
Small Public Transportation Provider – means a recipient or subrecipient of Federal
financial assistance under U.S.C. 5307 that has one hundred (100) or fewer vehicles in
peak revenue service and does not operate a rail fixed guideway public transportation
system.
State of Good Repair – the condition in which a capital asset can operate at a full level
of performance.
State Safety Oversight Agency – an agency established by a State that meets the
requirements and performs the functions specified by 49 U.S.C. 5329€ and the
regulations set forth in 49 CFR part 659 or 49 CFR part 674.
Subcontractor – entity that provides operations and/or maintenance services to a
municipality participating in the BCT CSP under a subcontract and is accountable on the
terms of the subcontract.
Transit Agency – an operator of a public transportation system
Transit Asset Management (TAM) – the strategic and systematic practice of procuring,
operating, inspecting, maintaining, rehabilitating, and replacing transit capital assets to
manage their performance, risks, costs over their life cycles, for purpose of providing
safe, cost effective, and reliable public transportation, as req uired by 49 U.S.C. 5326 and
49 CFR Part 625.
Transit Asset Management Plan (TAM) – a plan developed for Broward County Transit
pursuant to 49 CFR part 625 that includes, at minimum, capital asset inventories and
condition assessments, decision support tools, and investment prioritization.
City of Dania Beach
Public Transportation Agency Safety Plan (PTASP)
16
Safety Management System (SMS) Framework
This section outlines the SMS Framework incorporated under the PTASP by the City of
Dania Beach
Safety Policy – Establishes senior management’s commitment to continually improve
safety; defines the methods, processes, and organizational structure needed to meet
safety goals.
Safety Risk Management – Determines the need for, and adequacy of new or revised
risk controls based on the assessment of acceptable risk.
Safety Assurance – Evaluates the continued effectiveness of implemented risk control
strategies; supports the identification of new hazards.
Safety Promotion – Includes training, communication, and other actions to create a
positive safety culture within all levels of the workforce.
City of Dania Beach
Public Transportation Agency Safety Plan (PTASP)
17
Safety Management Policy
❖ A transit agency must establish its organizational accountabilities and
responsibilities and have a written statement of safety management policy that
includes the agency’s safety objectives.
❖ The safety management policy must be communicated throughout the agency.
❖ A transit agency must establish and implement a process that allows employees
to report safety conditions to senior management, protections for employees who
report safety conditions to senior management, and a description of employee
behaviors that may result in disciplinary action.
❖ The transit agency must establish the necessary authorities, accountabilities,
and responsibilities for the management of safety amongst the following individuals
within its organization, as they relate to the development and management of the
transit agency’s Safety Management System (SMS).
❖ The transit agency must identify an Accountable Executive. The Accountable
Executive is accountable for ensuring that the agency’s SMS is effectively
implemented throughout the agency’s public transportation system. The Accountable
Executive is accountable for ensuring action is taken, as necessary, to address
substandard performance in the agency’s SMS. The Accountable Executive may
delegate specific responsibilities, but the ultimate accountability for the transit
agency’s safety performance cannot be delegated and always rests with the
Accountable Executive.
❖ The Accountable Executive must designate a Chief Safety Officer or SMS
Executive who has the authority and responsibility for day-to-day implementation and
operation of an agency’s SMS. The Chief Safety Officer or SMS Executive must hold
a direct line of reporting to the Accountable Executive. A transit agency may allow the
Accountable Executive to also serve as the Chief Safety Officer or SMS Executive.
❖ A transit agency must identify those members of its leadership or executive
management, other than an Accountable Executive, Chief Safety Officer, or SMS
Executive, who have authorities or responsibilities for day-to-day implementation and
operation of an agency’s SMS.
❖ A transit agency may designate key staff, groups of staff, or committees to
support the Accountable Executive, Chief Safety Officer, or SMS Executive in
developing, implementing, and operating the agency’s SMS.
City of Dania Beach
Public Transportation Agency Safety Plan (PTASP)
18
I: Safety Management Policy
Safety Management Policy Statement
The City of Dania Beach is committed to providing a safe, comfortable, and accessible
transit service as a viable means of mobility to the citizens and visitors of the City.
Safety is the number one (1) priority and is a core value to the City of Dania Beach. To
ensure the highest level of safety performance we are implementing, developing, and
improving strategies, management systems, and the processes to ensure that all our
activities uphold to the highest level of safety performance. We will develop and embed
a safety culture in all our activities that recognizes the importance and value of effective
safety management and acknowledge that safety is paramount always. Delegated
Executive Management will lead all transit service activities, from project planning
through operations and maintenance with a balanced allocation of organizational
resources to support this goal. Any outside Subcontractor who is in service to the City
of Dania Beach has the duty to adhere to the City’s Public Transportation Agency
Safety Plan (PTASP); to recognize, report and correct hazards; to work in a safe
manner; to promote safety awareness; and to actively assist in accident prevention.
All levels of management and all employees are accountable for the delivery of the
highest level of safety performance, starting with the Director of Public Services. The
Chief Safety Officer is responsible for ensuring that all employees and Subcontractors
will support safety management by ensuring that hazards are identified and reported
and that all reasonable steps are taken to perform activities established as part of the
Safety Management System (SMS). Each department manager is also responsible for
implementing the SMS in their transit area of responsibility and actively support and
promote the SMS ensuring staff compliance with all processes and procedures. We will
also work to ensure that all frontline transit employees are provided with adequate and
appropriate safety information and training and are competent in safety matters.
The City of Dania Beach will minimize the safety risk associated with transit service to
its lowest level practicable and whenever possible, exceed legi slative and regulatory
requirements and standards. We will foster an open communication system whereby
employees at all levels are encouraged to report all safety hazards and concerns
without fear of reprisal.
The City of Dania Beach has established safety performance targets to help measure
the overall effectiveness of its processes and ensure the transit system meets the City’s
PTASP safety objectives. The City will evaluate ongoing City of Dania Beach SMS
performance by analyzing key safety performance indicators, reviewing inspections,
investigations and corrective action reports, and auditing the processes that support the
SMS which will become the basis for revising or developing safety objectives, safety
performance targets and plans with the goal of continuous safety improvement.
The City of Dania Beach will:
City of Dania Beach
Public Transportation Agency Safety Plan (PTASP)
19
➢ Provide appropriate resources to comply with all federal, state, and local safety-
related requirements, rules, and standards for development and implementation
of SMS activities within the Public Transportation Agency Safety Plan (PTASP).
➢ Enhance hazard identification and analysis, and safety risk evaluation activities
to include: (1) establish and measure our safety performance against realistic,
data-driven safety performance indicators and targets; (2) develop an employee
safety reporting program that supports continuous improvement and (4) ensure
externally supplied systems and services meet all transit safety performance
standards.
➢ Ensure that no action will be taken against any employee who discloses a safety
concern through the employee safety reporting program (unless disclosure
indicates, beyond any reasonable doubt, an illegal act, gross negligence, or a
deliberate or willful disregard of regulations or procedures).
The SMS Executive Management Team for the City of Dania Beach CSP transit system
hereby adopts the principles and methods of Safety Management Systems (SMS) as
the basis for enhancing the safety of public transportation. All rules, regulations,
policies, guidance, best practices, and technical assistance administered will, to the
extent practical and consistent with legal and other applicable requirements, follow the
principles and methods of SMS.
The signatures in this section attest that this plan is understood, accepted and
approved; and that the Key SMS Management Team is fully committed to implementing
SMS through the City’s Public Transportation Agency Safety Plan (PTASP) and
achieving its safety goals and objectives.
_______________________________ __________________________ __________
Public Services Director (Print Name) Date
Accountable Executive
_______________________________ __________________________ __________
Transit Coordinator (Print Name) Date
Chief Safety Officer/SMS Executive
_______________________________ __________________________ __________
Subcontractor General Manager (Print Name) Date
_______________________________ __________________________ __________
Subcontract Regional Manager (Print Name) Date
City of Dania Beach
Public Transportation Agency Safety Plan (PTASP)
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Annual Safety Certification and Adoption
Annual Safety Certification and Adoption
Date: 12/1/2023
Name: City of Dania Beach – Broward County Transit Community Shuttle Program
Address: 100 West Dania Beach Boulevard
Dania Beach FL, 33004
In accordance with FTA 49 CFR Part 673 Final Rule, the bus system named above
hereby adopts and certifies to the following:
1. The adoption and update of an Agency Safety Plan (ASP), formerly called the
System Safety Program Plan (SSPP), and a Security Program Plan (SPP), in
accordance, and at a minimum, with the established standards set forth in
Chapter 14-90, Florida Administrative Code.
2. Compliance with adopted standards of the ASP, formerly called the SSPP, and
the SPP.
3. Performance of safety inspections on all buses operated in accordance with Rule
14-90.009.
Signature: __________________________________________________________
Print Name: ________________________________________________________
Title: City Manager, City of Dania Beach
Signature: __________________________________________________________
Print Name: ________________________________________________________
Title: Director of Public Services, City of Dania Beach – Broward County Transit
Community Shuttle Program
City of Dania Beach
Public Transportation Agency Safety Plan (PTASP)
21
Safety Management Policy Communication
The City of Dania Beach recognizes that communication is the essential component to
the promotion of its safety objectives, targets, and safety culture and will use a variety of
methods to communicate issues important to the operation of the SMS, including:
- Ensuring that all staff are aware of the SMS and their roles/responsibilities
- Conveying SMS lessons and information
- Explaining why SMS related activities are introduced or changed
- Conveying SMS activity updates
- Educating personnel on procedures for hazard and near miss reporting
- Promotion of the company’s safety objectives, targets, and culture
The PTASP will be made available to all employees and will be maintained and kept in
an accessible electronic file and in hard copy format by Key SMS Personnel in locations
accessible to all employees under their supervision and management. All employees
and Subcontractors will support safety management by ensuring that hazards are
identified and reported.
Safety communication will comprise both internal and external communication
tools/venues to include face to face meetings and interactions, posting and/or
distribution of bulletins, department notices, and memoranda. All posted information
can be found at a central location in each departmen t area easily accessible to
employees. Other communication methods include posters, signs, brochures, training
materials, rule books, and operating procedures.
Authorities, Accountabilities, and Responsibilities
This section describes the role of the following individuals in the development and
management of the transit agency’s Safety Management System (SMS).
Title Responsibilities
Accountable Executive The Director of Public Services serves as the City of Dania
Beach’s Accountable Executive with the following
authorities, ac City of Dania Beach countabilities, and
responsibilities under this plan:
• Controls and directs human and capital resources needed
to develop and maintain the ASP and SMS.
• Designates an adequately trained Chief Safety Officer who
is a direct report.
• Ensures that CT's SMS is effectively implemented.
• Ensures action is taken to address substandard
performance in CT’s SMS.
• Assumes ultimate responsibility for carrying out CT's ASP
and SMS.
Chief Safety Officer or
SMS Executive
The Accountable Executive designates the Transit
Coordinator as the City of Dania Beach Chief Safety Officer.
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Public Transportation Agency Safety Plan (PTASP)
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The Chief Safety Officer has the following authorities,
accountabilities, and responsibilities under this plan:
• Develops the City of Dania Beach’s ASP and SMS policies
and procedures.
• Ensures and oversees day-to-day implementation and
operation of the City of Dania Beach’s SMS.
• Manages the City of Dania Beach ESRP.
• Chairs the City of Dania Beach Safety Committee and
• Coordinates the activities of the committee;
• Establishes and maintains CT’s Safety Risk Register
and Safety Event Log to monitor and analyze trends in
hazards, occurrences, incidents, and accidents; and
• Maintains and distributes minutes of committee
meetings.
• Advises the Accountable Executive on SMS progress and
status.
• Identifies substandard performance in the City of Dania
Beach’s SMS and develops action plans for approval by the
Accountable Executive.
• Ensures the City of Dania Beach policies are consistent
with the City of Dania Beach safety objectives.
• Provides Safety Risk Management (SRM) expertise and
support for other City of Dania Beach personnel who
conduct and oversee Safety Assurance activities.
Agency Leadership
and Executive
Management
Agency Leadership and Executive Management also have
authorities and responsibilities for day-to-day SMS
implementation and operation of the City of Dania Beach’s
SMS under this plan. The City of Dania Beach Agency
Leadership and Executive Management include:
• Director of Public Services,
• City commissioners,
• Director of Vehicle Maintenance,
• Director of Human Resources and Training,
• Director of Procurement,
• Operations managers, and
• Transit Coordinator
The City of Dania Beach Leadership and Executive
Management personnel have the following authorities,
accountabilities, and responsibilities:
• Participate as members of the City of Dania Beach Safety
Committee (Deputy Director of Public Services, and Officer
Manager will be rotated through the Safety Committee on a
one-year term and other positions are permanent
City of Dania Beach
Public Transportation Agency Safety Plan (PTASP)
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members).
• Complete training on SMS and the City of Dania Beach
ASP elements.
• Oversee day-to-day operations of the SMS in their
departments.
• Modify policies in their departments consistent with
implementation of the SMS, as necessary.
• Provide subject matter expertise to support implementation
of the SMS as requested by the Accountable Executive or
the Chief Safety Officer, including SRM activities,
investigation of safety events, development of safety risk
mitigations, and monitoring of mitigation effectiveness.
Key Staff The City of Dania Beach uses the Safety Committee, as
well as the monthly Drivers’ Meeting and quarterly All-Staff
Meetings, to support its SMS and safety programs:
• Safety Committee: Any safety hazards reported will be
jointly evaluated by the Safety Committee and the Chief
Safety Officer during the bimonthly meeting. The Safety
Committee members include the Chief Safety Officer,
Director of Public Services, an operations manager, a
representative from Community Shuttle, a representative
Subcontractor, and a representative from County Risk
Management who meet bimonthly to review issues and
make recommendations to improve safety.
• Drivers’ Meetings: Drivers receive a semi-annual training
refresher course that includes safety as a topic.
• Quarterly All-Staff Meetings: Hazard reports and
mitigations will be shared, safety topics will be brought up
for open discussion, further feedback solicited, and hazard
self-reporting further encouraged. Information discussed in
these meetings will be documented.
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Employee Safety Reporting Program
This section describes the process and protections for employees to report safety
conditions to senior management. Describes employee behaviors that may result in
disciplinary action (and therefore, are excluded from protection). This includes:
• A process that allows employees to report safety conditions to senior
management.
• Protections for employees who report safety conditions to safety management.
• A description of employee behaviors that may result in disciplinary action, and
therefore are excluded from protection.
One of management’s most important responsibilities under SMS is to encourage and
motivate others to want to communicate openly, authentically, and without concern for
reprisal. The City of Dania Beach’s PTASP requires proactive reporting of safety
hazards or safety concerns on the part of all employees in order to maintain a proactive
position on risk. All employees are responsible for reporting any adverse safety
conditions, events or acts, any observed or foreseeable hazards, and any safety
concerns. Employees may report directly via email, text, verbally, or via written
document to the Accountable Executive, Chief Safety Officer/SMS Executive, Agency
Leadership or Executive Management, or Key SMS Staff members.
Protected Self-Reporting Unprotected Self-Reporting
❖ Traffic Signal violations not resulting in
an accident, injury or damage to
property.
❖ Failure to report an adverse event
immediately, but within 4 hours of
occurrence. All information connected
to the investigation of the reported
event will fall under this protection.
❖ Hours of Service violations.
❖ Reporting a safety concern that
investigation reveals is not valid.
❖ Failure to wear proper PPE.
❖ Operating a revenue vehicle without
proper equipment and uniform,
including carrying the CDL on the
employee’s person.
❖ Fatigue that presents an unacceptable
hazardous condition if duties are
continued.
❖ Defined accidents/incidents
❖ Willful violations including but not
limited to:
▪ Violations of Drug and Alcohol
policies and requirements
▪ Criminal acts
▪ Failure to report criminal acts
immediately.
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Self-reported violations can be reported as an initial instance without disciplinary action.
However, no willful violations will be subject to self-reporting protections. All employees
have the option of reporting anonymously at any time. Employees who do not report
anonymously will receive feedback from the key SMS staff member in their area as to
the disposition of the report. Any person receiving a report of a hazard will immediately
notify the key SMS staff member in his or her department. All reports will be
documented and investigated in a timely manner.
A second instance of a self-reported violation will be evaluated by the City of Dania
Beach’s Chief Safety Officer to determine if circumstances warrant disciplinary action. A
third instance of the same violation will result in disciplinary action, whether self-
reported or not.
All Hazards determined to be unacceptable and undesirable for operations and/or fleet
maintenance will be referred to the Chief Safety Officer and Subcontractor General
Manager/SMS Executive to ensure it is addressed immediately with mitigation or
elimination. The hazard will be tracked by the SMS Manager and the corrective action
plan will be monitored through full resolution by the designated SMS Executive and
FDOT when appropriate.
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Safety Risk Management
❖ A transit agency must develop and implement a Safety Risk Management
process for all elements of its public transportation system. The Safety Risk
Management process must be comprised of the following activities: safety hazard
identification, safety risk assessment, and safety risk mitigation.
❖ A transit agency must establish methods or processes to identify hazards and
consequences of the hazards.
❖ A transit agency must consider, as a source for hazard identification, data and
information provided by an oversight authority and the FTA.
❖ A transit agency must establish methods or processes to assess the safety risks
associated with identified safety hazards.
❖ A safety risk assessment includes an assessment of the likelihood and severity
of the consequences of the hazards, including existing mitigations, and prioritization
of the hazards based on the safety risk.
❖ A transit agency must establish methods or processes to identify mitigations or
strategies necessary as a result of the agency's safety risk assessment to reduce the
likelihood and severity of the consequences.
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II: Safety Risk Management
The Safety Risk Management process is comprised of the following activities each
having specific procedures and accountabilities to ensure that the safety hazard has
been mitigated to the level “as low as reasonably practicable”.
• Safety Hazard Identification
• Safety Risk Assessment
• Safety Risk Mitigation
• Documented system Safety Risk Management tracking
Safety Hazard Identification
Identification of hazards is the responsibility of all City of Dania Beach’s Community
Shuttle Program transit service employees. The continuous identification, monitoring,
and elimination of hazards is key to an effective system safety program. Hazard
identification methods include but are not limited to the following.
- Observation, inspection, and interaction of all City of Dania Beach Community
Shuttle Program transit employees.
- Reports from drivers, passengers, customer service, etc.
- Evaluation of accidents, incidents, near misses, to include data trends and
projections.
- Internal and external safety audits, inspections, observations, defects, findings,
violations, and reviews.
Examples of observed hazards may include:
- An uneven sidewalk joint that could cause a trip and fall
- An extension cord or garden hose laying across a pathway
- Oil leaked out of a Bus in parking lot
- Missing fire extinguisher
- Low hanging tree limb along routes
- Problematic routes due to route design
- Service door entry steps, safety tread attached
Every employee is required to report all hazard or unsafe conditions to his/her
Supervisor, Department Manager or other appropriate authority as defined in the
PTASP. However, employees may also communicate the identification of a potential
hazard directly to the City’s designated Chief Safety Officer or any Key SMS staff
member verbally or in writing or by communicating through other established
communication channels within the Employee Safety Reporting Program.
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Safety Risk Assessment
This section describes the methods or processes used to assess the safety risks
associated with identified safety hazards. The City of Dania Beach’s safety risk
assessment process provides the ability to assign identified hazards an overall Hazard
Rating of High, Serious, Medium, Low, based on a combination of Hazard Severity and
Hazard Probability (or likelihood).
Hazard Severity may be rated as Catastrophic, Critical, Marginal, and Negligible.
Severity Rating Description
Catastrophic 1 Deaths (not including suicide or death by natural causes);
Equipment destroyed.
Critical 2 A large reduction in safety margins: Serious injury, fracture,
severe bleeding, paralysis, brain injury; Major equipment
damage.
Marginal 3 A reduction in safety margins, injury, bruising, abrasions,
bleeding, sprains, (ambulance transport); Sub-system or
component failure; Procedural deficiencies
Minor 4 Nuisance, operating limitations, minor incidents, minor injury,
bruising, abrasions, (no ambulance transportation)
Negligible 5 Insignificant
Hazard Probability is the likelihood that a hazard may occur in potential occurrences per
unit of time, events, items, or activity. The City of Dania Beach derives qualitative
hazard probability from research, analysis, and evaluation of existing safety data from
the operating experience from the City of Dania Beach and/or similar transit agencies.
Hazard probability may be rated as Frequent, Occasional, Remote, Improbable,
Extremely Improbable.
Frequency Rating Probability
Frequent A Likely to occur frequently/has occurred frequently to an
individual item. Continuously experienced in the fleet inventory.
Occasional B Likely to occur/has occurred sometimes in life of an item; will
occur several times in fleet/inventory.
Remote C Unlikely to occur/has occurred rarely in life of an item; unlikely
to occur but possible to occur in fleet/inventory.
Improbable D So unlikely, it can be assumed occurrence will not be
experienced to an individual item; very unlikely to occur or no
known occurrences in fleet/inventory.
Extremely
Improbable
E Almost inconceivable that this hazard will ever occur.
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Before implementation of any Corrective Action to mitigate a safety risk/hazard, the City
of Dania Beach will assign each identified hazard an overall Hazard Rating, which
reflects the severity and probability for each identified hazard.
Risk Severity
1 2 3 4 5
Risk Probability Cat
as
t
r
o
p
h
i
c
Cri
t
i
c
al
Mar
g
i
n
a
l
Min
o
r
Neg
l
i
g
i
b
l
e
A Frequent 1A 2A 3A 4A 5A
B Occasional 1B 2B 3B 4B 5B
C Remote 1C 2C 3C 4C 5C
D Improbable 1D 2D 3D 4D 5D
E Extremely Improbable 1E 2E 3E 4E 5E
Safety Risk Mitigation
This section describes the methods or processes used to identify mitigations or
strategies necessary as a result of the safety risk assessment to reduce the likelihood
and severity of hazards.
The City of Dania Beach acts to eliminate identified safety hazards or to reduce the
associated risk. In accordance with the risk acceptance criteria below, the City
eliminates “unacceptable” hazards or reduces their associated risk to an acceptable
level. If this is impossible or impractical, alternatives are recommended to the
appropriate City’s transit management decision makers.
The risk assessment and acceptance criteria assist the City of Dania Beach’s
management in understanding the amount of risk involved by accepting the safety
hazard relative to the costs (schedule, dollars, operations, etc.) to reduce the hazard’s
risk to an acceptable level. The following table identifies the hazard acceptance criteria:
High Unacceptable Corrective Action required
Serious Undesirable Corrective Action may be required,
decision by management
Medium Acceptable W/ review With review and documentation by
management
Low Acceptable Without review
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Corrective Action Plan Procedures
The City of Dania Beach compares risk assessment criteria to the identified hazards
based on their estimated severity and likelihood of occurrence to determine acceptance
of the risk or the need for corrective action to further reduce the risk. In accordance with
FDOT and BCT requirements, City of Dania Beach is required to develop corrective
action plans for various deficiencies and hazards identified through on-site safety and
security review process, accident or hazard investigations, and internal safety or
security reviews. Either the FDOT, BCT or the City of Dania Beach may identify the
need for corrective actions. If FDOT or BCT identifies a need for corrective action, it will
notify the City of Dania Beach in writing.
Causes for Initiation of Corrective Action Plan:
❖ On-Site BCT, FDOT, or FTA Safety and Security Reviews – Upon receipt of the
final report for an external regulatory agency safety or security review, City of
Dania Beach will develop a corrective action plan to correct identified deficiencies
and submit the CAP as required.
❖ Accident/Incident/Hazard Investigations – Regardless of the agency
conducting the investigation process, any final report indicating findings and
recommendations for addressing deficiencies or unsafe conditions that have met
the overall Hazard Rating of High or Serious according to the City of Dania Beach
will be the primary responsibility of the City and/or the City’s Operations and
Maintenance Subcontractor SMS Staff (where applicable) to correct. Upon
receipt of the final report, the Subcontractor will have 15 calendar days to develop
a corrective action plan or methodology to correct identified deficiencies.
❖ Internal Safety and Security Review - If the City of Dania Beach finds areas of
non-compliance during internal audits of City of Dania Beach Agency Safety Plan
or Security and Emergency Preparedness Plan, those areas of non-compliance
must be remedied by a corrective action plan within 30 calendar days. If BCT or
FDOT rejects City of Dania Beach annual safety or security audit report, the City
will have 15 calendar days to develop a corrective action plan to correct identified
deficiencies.
Corrective Action Plan Required Components:
❖ Identified noted Hazard or Deficiency
❖ Date Corrective Action Plan was opened
❖ Process, Plan or Mechanism to address and resolve deficiency
❖ Deadline for Implementation of Plan of Action
❖ Departments and Persons who will be responsible For Implementation
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Safety Assurance
❖ A transit agency must develop and implement a safety assurance process,
consistent with this subpart. A small public transportation provider is not required to
describe Management of Change and Continuous Improvement.
❖ A transit agency must establish activities to:
o Monitor its system for compliance with, and sufficiency of, the agency’s
procedures for operations and maintenance;
o Monitor its operations to identify any safety risk mitigations that may be
ineffective, inappropriate, or were not implemented as intended;
o Conduct investigations of safety events to identify causal factors; and
o Monitor information reported through any internal safety reporting programs.
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III: Safety Assurance
Safety Assurance is accomplished through implementation of safety oversight and risk
monitoring activities. Safety performance measures are used to select improvement
targets, monitor safety performance and encourage continuous improvements in service
delivery. As the City of Dania Beach implements its SMS, several activities will be
initiated, and tools will be developed to support these safety oversight and risk
monitoring activities. Safety assurance includes safety reviews, evaluations,
inspections, as well as safety data collection, tracking, and analysis from various
resources (including investigations), and development of Key Performance Indicators
(KPIs).
Safety Performance Monitoring and Measurement
The City of Dania Beach has developed and implemented a safety assurance process
for the CSP consistent with 49 CFR Part 673 to ensure that the transit system complies
with or exceeds the established safety standards set forth in the PTASP (as well as
Rule Chapter 14-90, Florida Administrative Code located in the final section of this
document). These Safety Performance Monitoring and Measurement processes will
allow the City of Dania Beach to
• Monitor the system for compliance with procedures for operations and
maintenance.
• Monitor operations to identify hazards no identified through the Safety Risk
Management process (per 49 CFR 673.25)
• Monitor operations to identify safety risk mitigations that may be ineffective,
inappropriate, or were not implemented as intended.
• Conduct investigation of safety events, including identification of causal factors.
• Monitor information reported through internal safety reporting programs.
Results from the above processes are compared against recent performance trends
monthly, quarterly and annually by the City of Dania Beach and SMS Key Staff,
including Subcontractor SMS Key Staff, to determine where action needs to be taken.
The Chief Safety Officer will review the performance of individual safety risk mitigations
during scheduled Safety Committee/Council meetings, based on the reporting schedule
determined. The SMS Manager enters any identified non-compliant or ineffective
activities, including mitigations, back into the Safety Risk Management process for re-
evaluation with oversight by the City of Dania Beach and Subcontractor SMS
Executives (Chief Safety Officer and Subcontractor General Manager).
These processes will provide the confidence to the City of Dania Beach leadership that
the organization and system is functioning at an acceptable level of safety.
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Public Transportation Agency Safety Plan (PTASP)
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The City of Dania Beach has established safety objectives, performance targets and
performance measures in coordination with its Subcontract Provider, BCT, FDOT and
Broward MPO in compliance with all requirements set forth in FTA’s Public
Transportation Safety Agency Plan (PTASP) and the National Public T ransportation
Safety Plan (NSP). The initial focus of City of Dania Beach performance measure and
established safety performance targets is based on existing data delivered to the
National Transit database (NTD) for:
❖ Fatalities – total number of reportable fatalities and rate per total vehicle revenue
miles;
❖ Injuries – total number of reportable injuries and rate per total vehicle revenue
miles;
❖ Safety Events – total number of reportable events (accidents, incidents, and
occurrences) as defined in CFR Part 673.5 and rate per total vehicle revenue
miles;
❖ System Reliability – mean distance between major mechanical failures
The City of Dania Beach also establishes performance criteria and monitoring for
operations and maintenance areas including Rules and Procedure Compliance,
Facilities and Equipment, Vehicle Inspections and Preventive Maintenance, Safety Data
Collection and Analysis, Internal Safety Audit Processes, Accident and Incident
Reporting and Investigation, Internal System Safety Audit and Review, Drug and
Alcohol Program and Medical Monitoring, and Employee Safety Reporting and Training.
The City of Dania Beach will maintain 100% compliance with all safety performance
requirements through use of the following performance measure activities:
❖ Safety audits; informal inspections.
❖ Regular safety review of onboard camera footage to assess drivers and specific
incidents;
❖ Employee safety reporting program;
❖ Investigation of safety occurrences;
❖ Daily data gathering and monitoring of data related to service delivery;
❖ Regular vehicle inspections and preventive maintenance.
❖ Adherence to schedules set and acceptable measures
❖ Appropriate corrective action plans (CAPS) for findings and reasonable
timeframe for closure of CAPS in coordination with federal, state and local
oversight agencies as necessary
Results from the above processes are compared against recent performance trends
quarterly and annually by the Chief Safety Officer to determine where action needs to
be taken. The Chief Safety Officer enters any identified non-compliant or ineffective
activities, including mitigations, back into the SRM process for reevaluation by the
Safety Committee.
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Public Transportation Agency Safety Plan (PTASP)
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The City of Dania Beach monitors safety risk mitigations to determine if they have been
implemented and are effective, appropriate, and working as intended. The Chief Safety
Officer maintains a list of safety risk mitigations in the Safety Risk Register. The
mechanism for monitoring safety risk mitigations varies depending on the mitigation.
The Chief Safety Officer establishes one or more mechanisms for monitoring safety risk
mitigations as part of the mitigation implementation process and assigns monitoring
activities to the appropriate director, manager, or supervisor. These monitoring
mechanisms may include tracking a specific metric on daily, weekly, or monthly logs or
reports; conducting job performance observations; or other activities. The Chief Safety
Officer will endeavor to make use of existing City of Dania Beach processes and
activities before assigning new information collection activities. The City of Dania
Beach’s Chief Safety Officer and Safety Committee review the performance of individual
safety risk mitigations during bimonthly Safety Committee meetings, based on the
reporting schedule determined for each mitigation, and determine if a specific safety risk
mitigation is not implemented or performing as intended. If the mitigation is not
implemented or performing as intended, the Safety Committee will propose a course of
action to modify the mitigation or take other action to manage the safety risk. The Chief
Safety Officer will approve or modify this proposed course of action and oversee its
execution. The City of Dania Beach Chief Safety Officer and Safety Committee also
monitor City of Dania Beach’s Community Shuttle Program transit system operations on
a large scale to identify mitigations that may be ineffective, inappropriate, or not
implemented as intended by:
• Reviewing results from accident, incident, and occurrence investigations;
• Monitoring employee safety reporting;
• Reviewing results of internal safety audits and inspections; and
• Analyzing operational and safety data to identify emerging safety concerns.
The Chief Safety Officer works with the Safety Committee and Accountable Executive to
carry out and document all monitoring activities.
The City of Dania Beach maintains documented procedures for conducting safety
investigations of events (accidents, incidents, and occurrences, as defined by FTA) to
find causal and contributing factors and review the existing mitigations in place at the
time of the event (see City of Dania Beach System Safety Program Plan for specific
procedures for conducting safety investigations). These procedures also reflect all traffic
safety reporting and investigation requirements established by Florida’s Department of
Motor Vehicles. The Chief Safety Officer maintains all documentation of City of Dania
Beach’s investigation policies, processes, forms, checklists, activities, and results.
Consistent with the Interlocal Agreement and Rule Chapter 14-90 of the Florida
Administrative Code, the City of Dania Beach will investigate and document any/all
events involving a City bus, non-bus transit system vehicle, or taking place on bus
City of Dania Beach
Public Transportation Agency Safety Plan (PTASP)
35
transit system controlled property resulting in a fatality, injury, or property damage
including:
• A fatality where an individual is confirmed dead within 30 days of a City transit
system related event. This excludes suicides and deaths from illnesses;
• Injuries that require immediate medical attention away from the scene for two or
more individuals;
• Property damage to a transit system bus, non-transit system vehicles, other bus
system property or facilities, or any other property; and
• Evacuation of a bus due to a life safety event where there is imminent danger to
passengers on the bus, excluding evacuations due to operational issues
As detailed in the City of Dania Beach procedures, an investigation report is prepared
which identifies if:
• The accident was preventable or non-preventable;
• Personnel require discipline or retraining.
• The causal factor(s) indicate(s) that a safety hazard contributed to or was present
during the event; and
• The accident appears to involve underlying organizational causal factors beyond just
individual employee behavior.
The Chief Safety Officer and Safety Committee routinely review safety data captured in
employee safety reports, safety meeting minutes, customer complaints, and other safety
communication channels. When necessary, the Chief Safety Officer and Safety
Committee ensure that the concerns are investigated or analyzed through the City of
Dania Beach Safety Risk Management process. The Chief Safety Officer and Safety
Committee also review internal and external reviews, including audits and assessments,
with findings concerning the City of Dania Beach CSP’s safety performance, compliance
with operations and maintenance procedures, or the effectiveness of safety risk
mitigations.
Procedures for Reporting Near Miss
The City of Dania Beach PTASP requires proactive reporting of safety hazards or safety
concerns on the part of all employees to maintain a proactive position on risk. Each
employee, regardless of his or her position within the organization, is expected to
cooperate in all aspects of safety reporting.
When an employee becomes aware of a hazard or near miss, they shall submit a report
at the end of the shift using the following reporting forms: 1) City of Dania Beach’s
Hazard Incident Report Form or 2) City of Dania Beach Driver’s View Form for any
system deficiencies, road hazards, passenger concerns, etc. that require the attention
of management for resolution.
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Public Transportation Agency Safety Plan (PTASP)
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A full investigation may not be required for all near misses. In this case, the Department
Manager/Safety Liaison, will determine the level of investigation appropriate to
effectively address the report and will forward the final completed investigation report
and other documentation to the SMS Manager who will be responsible for documenting
and recording on the hazard event tracking log.
When the contributing or causal factor is not readily determined the SMS Safety Liaison
for the respective department will review and conduct the follow-up investigations using
same procedures as outlined for other safety events.
Transit Asset Management/State of Good Repair
The City of Dania Beach also addresses the requirements of 49 CFR Parts 625 and
630, Transit Asset Management (TAM) and State of Good Repair (SGR), through the
Broward County Transit’s (BCT) Transit Asset Management Plan, which includes TAM
and SGR performance measures. The TAM Plan allows BCT to predict the impact of its
polices and investment justification decisions on the condition of its assets throughout
the asset’s life cycle and enhances the ability to maintain SGR by proactively investing
in an asset before the asset’s condition deteriorates to an unacceptable level. The goal
of these policies is to allow BCT to determine and predict the cost to improve BCT’s
fixed-route and CSP asset condition(s) at various stages of the asset life cycle while
balancing prioritization of capital, operating, and expansion needs. The two foundational
criteria of SGR performance measures are Useful Life Benchmark (ULB) and Condition.
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Public Transportation Agency Safety Plan (PTASP)
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Safety Promotion
❖ A transit agency must establish and implement a comprehensive safety training
program for all agency employees and contractors directly responsible for
safety in the agency’s public transportation system. The training program must
include refresher training, as necessary.
❖ A transit agency must communicate safety and safety performance information
throughout the agency’s organization that, at a minimum, conveys information
on hazards and safety risks relevant to employees’ roles and responsibilities
and informs employees of safety actions taken in response to reports submitted
through an employee safety reporting program.
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Public Transportation Agency Safety Plan (PTASP)
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IV: Safety Promotion
This section outlines the City of Dania Beach’s commitment to safety and competencies
training, including refresher training for all employees and contractors directly
responsible for safety, and safety communication.
Competencies and Training
This section describes the comprehensive safety training program for all agency
employees and Subcontractors directly responsible for safety. The City of Dania Beach
CSP’s comprehensive safety training program applies to all the City of Dania Beach
CSP’s employees directly responsible for safety, including:
• Bus vehicle operators,
• Dispatchers,
• Maintenance technicians,
• Managers and supervisors,
• Agency Leadership and Executive Management,
• Chief Safety Officer, and
• Accountable Executive.
The City of Dania Beach dedicates resources to conduct a comprehensive safety
training program, as well as training on SMS roles and responsibilities. The scope of the
safety training, including annual refresher training, is appropriate to each employee’s
individual safety-related job responsibilities and their role in the SMS. Basic training
requirements for City of Dania Beach employees, including frequencies and refresher
training, are documented in City of Dania Beach System Safety Program Plan (SSPP)
and the Operator Manual/Handbook. Training records are kept in each employee’s file.
Operations safety-related skill training includes the following:
• New-hire bus vehicle operator classroom and hands-on skill training,
• Bus vehicle operator refresher training,
• Bus vehicle operator retraining (recertification or return to work),
• Classroom and on-the-job training for dispatchers,
• Classroom and on-the-job training for operations supervisors and managers, and
• Accident investigation training for operations supervisors and managers.
Vehicle maintenance safety-related skill training includes the following:
• Ongoing vehicle maintenance technician skill training,
• Ongoing skill training for vehicle maintenance supervisors,
• Accident investigation training for vehicle maintenance supervisors,
• Ongoing hazardous material training for vehicle maintenance technicians and
supervisors, and
• Training provided by vendors.
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Training mechanisms include classroom, written and video communications, field
exercises, and drills. There are formal training programs for operators and employees
involved in maintenance activities. These include training classes, training manuals,
lesson plans, and field observations.
Safety Communication
The City of Dania Beach Chief Safety Officer coordinate’s safety communication
activities for the SMS. City of Dania Beach’s activities focus on the three categories of
communication activity established in 49 CFR Part 673 (Part 673):
❖ Communicating safety and safety performance information throughout the
agency: The City of Dania Beach communicates information on safety and safety
performance in its quarterly newsletter and during quarterly All-Staff Meetings. The
City of Dania Beach also has a permanent agenda item in all monthly Drivers’
Meetings dedicated to safety. Information typically conveyed during these meetings
includes safety performance statistics, lessons learned from recent occurrences,
upcoming events that may impact City of Dania Beach’s CSP service or safety
performance, and updates regarding SMS implementation. The City of Dania Beach
also requests information from drivers during these meetings, which is recorded in
meeting minutes. Finally, the subcontractor posts safety bulletins and flyers on the
bulletin boards located in all bus operator and maintenance technician break rooms,
advertising safety messages and promoting awareness of safety issues.
❖ Communicating information on hazards and safety risks relevant to
employees' roles and responsibilities throughout the agency: As part of new-
hire training, the City of Dania Beach/Subcontractor distributes safety policies and
procedures, included in the City of Dania Beach /Subcontractor ‘s CSP’s
Employee/Driver Handbook/Manual, to all employees. The City of Dania Beach
provides training on these policies and procedures and discusses them during safety
talks between supervisors and bus operators and vehicle technicians. For newly
emerging issues or safety events at the agency, the City of Dania Beach’s Chief
Safety Officer issues bulletins or messages to employees that are reinforced by
supervisors in one-on-one or group discussions with employees.
❖ Informing employees of safety actions taken in response to reports
submitted through the Employee Safety Reporting Program (ESRP): The City of
Dania Beach//Subcontractor provides targeted communications to inform employees
of safety actions taken in response to reports submitted through the ESRP, including
handouts and flyers, safety talks, updates to bulletin boards, and one-on-one
discussions between employees and supervisors.
City of Dania Beach
Public Transportation Agency Safety Plan (PTASP)
40
State of Florida Requirements
This section includes policies and procedures adopted to meet State of Florida
Equipment and Operational Safety Standards for Bus Transit Systems found in Rule
Chapter 14-90 of the Florida Administrative Code (F.A.C). In accordance with Rule 14-
90, F.A.C., the City of Dania Beach has adopted safety and security procedures and
policies including but not limited to:
- System Safety Program Plan (SSPP)
- System Security Plan (SSP)
- Wireless Communications Policy (WCP)
- Preventative Maintenance Plan
- Operator Training, Testing, and Supervision
- Operator Hours Tracking
- Hazard Identification
- Incident Investigation and Tracking
- Medical Examinations
- Qualification and Selection of CDL Operators
- Safety Data Acquisition and Analysis
- Records Management
These policies and procedures are incorporated by reference as appendices to the
ASP.
City of Dania Beach
Finance Memorandum
DATE: 10/10/2023
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Frank L. DiPaolo, Chief Financial Officer
SUBJECT: Resolution amending the fiscal year 2022-23 budget providing for additional
funding appropriations in the General Fund and Marina Fund
Request:
The Finance Department requests approval of a Resolution amending the fiscal year 2022-23
budget providing for additional funding appropriations in the General Fund and Marina Fund.
Background:
The Finance Department recommends approval of a budget amendment for the receipt and
expenditure of Chapter 175/185 Premium Insurance Tax Funds, and for the receipt and
expenditure of insurance proceeds due to a lightning strike at the Marina.
Police and Firefighter Pension Supplement
Each year, the City receives surplus Insurance Premium Tax funds that must be remitted to the
Firefighters’ Pension Trust Fund and Municipal Police Officers’ Retirement Trust Fund under
Florida Statutes Chapter 175 and 185, respectively. The amount is not known until it is received
and therefore, is not budgeted. For fiscal year 2022-23, the City received $339,817.88 for Police
and $230,722.51 for Firefighters which must be remitted to the State within five days of receipt.
Therefore, payment must be made before the budget can be amended.
Marina Lightning Strike and Repair
On July 28, 2023, a transformer at the Marina suffered a lightning strike and was damaged
beyond repair. Staff arranged for an emergency generator and the repair, and the entire cost was
submitted to the City's liability insurance and the claim was approved in full, less the $2,500
deductible. Therefore, the budget must be amended for the receipt of insurance proceeds and the
unexpected expenditure of funds for the generator and repair.
Budgetary Impact
Upon approval of the Resolution, the following budget amendment will be posted:
General Fund Appropriations
Sources of Funds
Fire Chapter 175 Pension Supplement 001-00-00-312-51-00 $ 230,723.00
Police Chapter 185 Pension Supplement 001-00-00-312-52-00 339,818.00
Total Sources of Funds: $ 570,541.00
Uses of Funds
Fire – Pension Supplement 001-22-01-522-22-12 $ 230,723.00
Police – Pension Supplement 001-21-01-521-22-11 339,818.00
Total Uses of Funds: $ 570.541.00
Marina Fund Appropriations
Sources of Funds
Miscellaneous Revenues 406-00-00-369-90-01 $ 80,485.00
Uses of Funds
Repair and Maintenance – Grounds 406-72-09-575-46-50 $ 80,485.00
Recommendation
Approve the Resolution amending the fiscal year 2022-23 budget providing for additional
funding appropriations in the General Fund and Marina Fund
RESOLUTION NO 2023-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, PROVIDING FOR APPROPRIATION OF FUNDS FOR
FISCAL YEAR 2022-2023; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on September 27, 2022, the City Commission of the City of Dania Beach
adopted a City-wide budget for fiscal year 2022-23; and
WHEREAS, the City Administration’s end-of-year review of City operations through
September 30, 2023, projects an estimated need for additional funding appropriations in the
General Fund, for consideration by the City Commission and is attached as Exhibit “A”, which is
made a part of and incorporated into this Resolution by this reference; and
WHEREAS, in accordance with Florida Statutes 166.241, a public hearing has been
publicly noticed and conducted prior to consideration of the proposed budget amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1.That the above “WHEREAS” clauses are ratified and confirmed as being
true and correct, and they are made a part of and incorporated into this Resolution by this reference.
Section 2.That the City Commission hereby amends the budget as shown in Exhibit
“A”, which is attached and made a part of this Resolution by this reference.
Section 3.That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4.That this Resolution shall be in force and take effect retroactively to
September 30, 2023, upon its passage and adoption.
PASSED AND ADOPTED on , 2023.
Motion by ______________________, second by ________________________.
FINAL VOTE ON ADOPTION:
Commissioner Joyce Davis ______
Commissioner Tamara James ______
Commissioner Marco Salvino ______
Vice Mayor Lori Lewellen ______
Mayor Archibald J. Ryan IV ______
2 RESOLUTION #2023-______
ATTEST:
ELORA RIERA, MMC ARCHIBALD J. RYAN IV
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
3 RESOLUTION #2023-______
EXHIBIT “A”
END OF YEAR BUDGET AMENDMENT FOR FY2022-23
General Fund Appropriations
Sources of Funds
Fire Chapter 175 Pension Supplement 001-00-00-312-51-00 $ 230,723.00
Police Chapter 185 Pension Supplement 001-00-00-312-52-00 339,818.00
Total Sources of Funds: $ 570,541.00
Uses of Funds
Fire – Pension Supplement (State reimbursement) 001-22-01-522-22-12 $ 230,723.00
Police – Pension Supplement (State reimbursement) 001-21-01-521-22-11 339,818.00
Total Uses of Funds: $ 570.541.00
Marina Fund Appropriations
Sources of Funds
Miscellaneous Revenues 406-00-00-369-90-01 $ 80,485.00
Uses of Funds
Repair and Maintenance – Grounds 406-72-09-575-46-50 $ 80,485.00
City of Dania Beach
City Manager Memorandum
DATE: 10/10/2023
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Ana M. Garcia, ICMA-CM, City Manager
SUBJECT: Purchase and Sale Agreement 148 N Federal Hwy, Dania Beach
Request:
The City of Dania Beach is interested in purchasing the property known as 148 North Federal
Highway, Dania Beach, Florida.
Background:
The City Commission has provided direction to seek land to purchase in Dania Beach, Florida.
Through the Mayor, as the City’s liaison, the City negotiated with Rodney B. Harrison for the
purchase of 148 North Federal Highway. The resolution authorizes the purchase and sale
agreement between the City and Mr. Harrison, which offer is contingent upon City Commission
approval and a due diligence period to confirm environmental quality of the land at
$1,600,000.00.
Budgetary Impact
The City will expend $1,600,000.00, plus closing costs to purchase the land.
EAB:la
Attachment: Purchase and Sale Agreement
cc: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager
Frank DiPaolo, Chief Financial Officer
Recommendation
That the resolution authorizing the proper City officials execute the purchase and sale agreement
for the purchase of 148 North Federal Highway, Dania Beach, at $1,600,000.00.
RESOLUTION NO. 2023-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY
OF DANIA BEACH AND RODNEY B. HARRISON FOR THE PURCHASE OF
148 NORTH FEDERAL HIGHWAY, DANIA BEACH, FLORIDA; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Dania Beach is interested in purchasing the property known as
148 North Federal Highway, Dania Beach, Florida, bearing the legal description identified in
Exhibit A; and
WHEREAS, through Mayor, the City has prepared a purchase and sale agreement between
the City and Rodney B. Harrison, a copy of which is attached as Exhibit A which offer is contingent
upon City Commission approval and a due diligence period to confirm environmental quality of
the land; and
WHEREAS, the City Commission desires to move forward with the land purchase; and
WHEREAS, the City authorizes the appropriate City Officials, upon compliance with the
terms of attached purchase and sale agreement to complete the land purchase.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1.That the above “Whereas” clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2.That the proper City officials are authorized to execute the purchase and
sale agreement with Rodney B. Harrison for 148 North Federal Highway, Dania Beach, Florida.
Section 3.That the City Manager and City Attorney are authorized to make minor
revisions to the Agreement which are deemed necessary and proper and in the best interest of the
City.
Section 4. That funding for this purchase in the amount of One Million Six Hundred
Thousand Dollars ($1,600,000.00), plus closing costs, will be appropriated from General Fund
Unassigned Fund Balance to the following revenue and expenditure accounts: Appropriated Fund
Balance (001-00-00-389-90-01), Purchase of Land (001-18-00-519-61-10).
2 RESOLUTION #2023-______
Section 5.That in accordance with City Code of Ordinances Section 2, “Certain
Expenditures” of Article 3, “Powers of the City”, the City has adopted an Ordinance authorizing
the expenditure exceeding One Million Dollars ($1,000,000.00) for the purchase of the property.
Section 6.That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 7.That this Resolution shall be effective immediately.
PASSED AND ADOPTED on _______________, 2023.
Motion by ______________________, second by ________________________.
FINAL VOTE ON ADOPTION:
Commissioner Joyce Davis ______
Commissioner Tamara James ______
Commissioner Marco Salvino ______
Vice Mayor Lori Lewellen ______
Mayor Archibald J. Ryan IV ______
ATTEST:
ELORA RIERA, MMC ARCHIBALD J. RYAN IV
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
1
Purchaser Seller
Parcel Id. No. 5042 34 01 1640; 5042 34 01 1630 (Broward County)
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT is (“Agreement”) made this day
of October, 2023 between Rodney B. Harrison, whose mailing address is 4865 SW 58th
Ave, Davie, Florida 33134 (“Seller”) and the City of Dania Beach, Florida, a municipal
corporation of the state of Florida, through its City Commission (the "Commission") with
an address at 100 W. Dania Beach Blvd., Dania Beach, FL 33004 ("Purchaser" or “City”).
For and in consideration of Ten and No/100ths Dollars ($10.00), the purchase price
and the mutual covenants and conditions contained herein, and for other good and
valuable considerations, the receipt and sufficiency of which are hereby acknowledged,
the parties hereto agree as follows:
1. AGREEMENT TO SELL AND CONVEY.
(A) Seller agrees to sell and convey to Purchaser, and Purchaser agrees to buy
from Seller, subject to the terms and conditions hereinafter set forth, all of Seller's rights,
title, and interest in and to the real property located in Broward County, Florida, described
in Exhibit "A", together with all improvements, easements and appurtenances
("Property"), which may also be identified by Parcel Id. Numbers 55042 34 01 1640 and
5042 34 01 1630 as assigned by the Broward County Property Appraiser, in accordance
with the provisions of this Agreement.
(B) The City's representative in all matters shall be the Dania Beach City
Manager, 100 W. Dania Beach Blvd., Dania Beach, FL 33004 (the "City").
(C) There shall be no deposit required with the execution of this Agreement by
the City Manager. Upon the approval of this Agreement by the Commission in accordance
with Paragraph 2(A), the City shall pay a deposit in the amount of fifty thousand and
no/100th Dollars ($50,000.00) within 10 days of such Board approval, which shall be held
in escrow in accordance with Paragraph 14. All deposits shall be fully refundable in
accordance with the terms of this Agreement.
(D) Seller warrants to the best of Seller's knowledge that there are no private or
governmental actions, suits, proceedings, or investigations pending against Seller or the
Property which could have an adverse effect on the Property.
2. CONTINGENCIES.
(A) The enforceability of this Agreement against the Purchaser is wholly
contingent upon the approval of this Agreement by the Commission and execution by the
Mayor evidencing such approval after a properly noticed public hearing, as mandated by
Chapter 166.045, Florida Statutes.
2
Purchaser Seller
(B) Should the Commission fail to approve this Agreement, this Agreement
shall be null and void.
(C) All dates and timelines herein shall run from the date this Agreement is
executed by the Mayor of the City and Seller, whichever is later (the “Effective Date”).
(D) This Agreement is exempt from the provisions of section 119.07, Florida
Statutes (“Public Records Act”) until 30 days before this Agreement is considered for
approval by the Board of City Commissioners or 30 days after the termination of
negotiations between the parties hereto.
(E) As a condition precedent to Closing, Seller shall take all necessary, legal
steps to relocate any existing tenants in possession of the Property and to terminate any
written or unwritten leases, easements, or claims of the same on the Property so as to
provide Purchaser with full, exclusive, open, peaceful, and undisputed possession and
ownership of the Property at Closing. If the Seller is unable to satisfy this condition prior
to the date established for Closing, as set forth in Paragraph 7, Purchaser, at its sole
option, may elect to terminate this Agreement, receive a refund of the Deposit, and neither
party shall have any further obligations under this Agreement. Alternatively, the
Purchaser and Seller may agree to an adjustment of the Closing date.
3. PURCHASE PRICE.
(A) The purchase price for the Property is One Million Six Hundred Thousand
Dollars ($1,600,000.00) for the Property (Purchase Price") which, after credit for any
deposit, will be paid by the Purchaser to the Seller at closing. The Purchase Price is
predicated upon the appraisal dated August 9, 2023, prepared by Harry C. Newstreet,
MAI, of Bowery. As a municipality, prior to purchase, the Purchaser will be required to
obtain a second appraisal of the Property. If the second appraisal determines the
Property’s value is at least 5% less than the Purchase Price, the parties agree to use their
best efforts to negotiate a new Purchase Price; provided however, if the parties cannot
agree to a reduced Purchase Price, Purchaser shall have the right to terminate the
Agreement and receive a return of its deposit.
(B) Seller hereby authorizes Purchaser to issue a City check or deliver cash for
the Purchase Price directly to the Escrow Agent who is authorized by law to receive such
payment, and who is acceptable to Purchaser, and to require the Escrow Agent to pay
Seller's expenses of sale and prorated real estate taxes. Kerry A. Parsons, Nabors, Giblin
& Nickerson, P.A., 1500 Mahan Dr. Suite 200, shall serve as the Escrow Agent pursuant
to this Agreement.
4. FEASIBILITY AND SUITABILITY ANALYSIS. Within 30 days of the Effective Date
of this Agreement, Purchaser, at its sole cost and expense, may conduct a feasibility and
suitability analysis of the Property to determine, in Purchaser's sole discretion, whether
the Property is suitable for City purposes. If the Purchaser determines the Property is not
suitable for its use, the Purchaser may terminate this Agreement, have any deposit
3
Purchaser Seller
returned, and neither party shall have any further obligations under this Agreement.
Purchaser's feasibility and suitability analysis may include the following:
(A) Environmental Site Assessment - Seller shall provide to Purchaser any
previous, current, or pending court actions or regulatory actions, environmental audit
information, if any, and other such information regarding any potential hazardous soil or
water conditions on or around the Property that are in Seller's control. Purchaser may
conduct an environmental site assessment of the Property to determine the existence
and extent, if any, of any Hazardous Materials on the Property. For purposes of this
Agreement "Hazardous Materials" shall mean any hazardous or toxic substance, material
or waste of any kind or any other substance which is regulated by any Environmental
Law. In the event that the environmental audit provided for herein confirms the presence
of Hazardous Materials on the Property, Purchaser, at its sole option, may elect to
terminate this Agreement and neither party shall have any further obligations under this
Agreement. Should Purchaser elect not to terminate this Agreement, Seller shall, at its
sole cost and expense and prior to the closing, promptly commence and diligently pursue
any assessment, clean up and monitoring of the Property necessary to bring the Property
into full compliance with any and all applicable federal, state or local laws, statutes,
ordinances, rules, regulations or other governmental restrictions regulating, relating to, or
imposing liability or standards of conduct concerning Hazardous Materials
("Environmental Law"). However, should the estimated cost to Seller of clean-up of
Hazardous Materials exceed a sum which is equal to 20% of the Final Purchase Price as
stated in paragraph 3., Seller may elect to terminate this Agreement and neither party
shall have any further obligations under this Agreement. In the event that Hazardous
Materials placed on the Property prior to closing are discovered after closing, Seller shall
remain obligated hereunder, with such obligation to survive the closing and delivery and
recording of the deed described in Paragraph 7. of this Agreement and Purchaser's
possession of the Property, to diligently pursue and accomplish the clean-up of
Hazardous Materials in a manner consistent with all applicable Environmental Laws at
Seller's sole cost and expense.
(B) Survey - Purchaser may have the Property surveyed to the Florida Minimum
Technical Standards for Land Surveys. Purchaser shall order the Survey. If the survey
("Survey"), certified by professional surveyor and mapper licensed by the State of Florida,
shows any encroachment on the Property or that improvements intended to be located
on the Property encroach on the land of others the same shall be treated as a title defect
as provided in Paragraph 6. below. If the Survey shows any material deviations in the
represented acreage, size, or configuration of the Property or location of easements,
Purchaser, at its sole option, may elect to terminate this Agreement and neither party
shall have any further obligations under this Agreement. Alternatively, the Purchaser and
Seller may agree to an adjustment of the Initial Purchase Price.
(C) Other Investigations - Purchaser may undertake such other tests, analyses,
investigations, and inspections as deemed necessary by Purchaser to determine to
Purchaser's satisfaction the Property's engineering, architectural, and environmental
properties; zoning, zoning restrictions and land use; soil, grade, and other environmental
4
Purchaser Seller
features; availability of access to public roads, water, and other utilities; consistency with
local, state, and regional growth management plans; availability of permits, approvals,
and licenses, including any wetlands permits that may be required; and all other
investigations or inspections that Purchaser deems necessary to determine the Property's
suitability for the Purchaser's intended use. If the Purchaser, in its sole discretion,
determines that the Property is unacceptable for the Purchaser's intended use, the
Purchaser may elect to terminate this Agreement and neither party shall have any further
obligations under this Agreement.
(D) Purchaser shall promptly restore any portions of the Property affected by
Purchaser's inspections and investigations to the condition that existed immediately prior
to the inspections or investigations.
5. TITLE INSURANCE. Purchaser may obtain a marketable title insurance
commitment through Nabors, Giblin & Nickerson, P.A., to be followed by an ALTA owner's
marketable title insurance policy from a title insurance company approved by Purchaser,
insuring marketable title to the Property in the amount of the purchase price. If Seller
defaults under this Agreement, Seller shall reimburse Purchaser for all costs incurred in
obtaining the title insurance commitment Purchaser's remedy for default under the
provisions of this paragraph is cumulative to all other remedies available to Purchaser at
law and in equity.
6. DEFECTS IN TITLE. If the title insurance commitment or Survey furnished
pursuant to this Agreement discloses any title matters that are not acceptable to
Purchaser, Seller may, within 15 days after notice from Purchaser, remove said matters.
Any violation of federal, state or local laws, including statutes, regulations, ordinances,
codes, rules, judgments, orders, decrees, permits, concessions, grants, franchises,
licenses, agreements and other governmental restrictions shall be considered a title
defect. At Seller's option, Seller agrees to use diligent effort to correct the defects in title
within the time provided therefor, including the bringing of necessary suits. Defects arising
from liens against the Property shall be satisfied at closing from Seller's proceeds. If Seller
is unsuccessful in removing the title defects within said time or if Seller elects not to
pursue the curing of said title defects, Purchaser shall have the option to either: (a) accept
the title as it then is with no reduction in the Purchase Price, or (b) terminate this
Agreement, thereupon releasing Purchaser and Seller from all further obligations under
this Agreement; provided, however, that Seller shall reimburse Purchaser for all actual
costs associated with Purchaser's due diligence activities outlined in paragraph 4 and
Purchaser's deposit shall be fully refunded to Purchaser.
7. CLOSING.
(A) The consummation of the transaction contemplated by this Agreement (the
"Closing") shall take place at a location mutually agreed upon by the parties, on a date
after Board approval that is mutually agreeable to the parties (the "Closing Date"), but no
later than 60 days following the date this Agreement is approved by the Commission,
5
Purchaser Seller
unless a delay is mutually agreeable to the parties. The City Manager shall be authorized
to agree to any adjustments of the Closing Date on behalf of the City.
Possession of the Property shall be granted by Seller to Purchaser no later than the
Closing Date.
(B) It is the intent of the parties that Purchaser will be conveyed, at Closing, the
following ownership rights:
1. Fee simple ownership of the Property.
(C) At Closing the Seller shall execute the following for the conveyance of the
Property:
1. Execute, acknowledge and deliver to Purchaser a General Warranty Deed
in accordance with Section 689.02, Florida Statutes, conveying the Property, which deed
shall be in statutory form for recording;
2. Execute and deliver to Purchaser a mechanic's lien and possession affidavit
in sufficient form and substance so as to allow the Title Company to remove the
mechanical lien exception and parties-in-possession exception from the Title
Commitment;
3. Execute and deliver to the Title Company an affidavit that there have been
no changes to the conditions of title from that shown in the Title Commitment in order for
the Title Company to delete the "gap" exception;
4. Execute and deliver instruments satisfactory to Purchaser and the Title
Company reflecting the proper power, good standing and authorization for the sale of the
Property from Seller to Purchaser hereunder;
5. Execute and deliver to Purchaser and the Title Company a FIRPTA affidavit
in form and substance acceptable to Purchaser and the Title Company;
6. Execute and deliver to Purchaser a closing statement setting forth the
Purchase Price, deposit, adjustments, prorations and closing costs as set forth herein;
7. Produce, execute and deliver to Purchaser any documents necessary to
clear any title defects; and
(D) Contemporaneously with the performance by Seller of its obligations set
forth above, at Closing, Purchaser shall do the following:
1. Execute and deliver instruments satisfactory to Seller and the Title
Company reflecting the proper power, good standing and authorization for the purchase
of the Property from Seller by Purchaser hereunder; and
6
Purchaser Seller
2. Pay to Seller the Purchase Price, after credit for any deposits; and
3. Execute and deliver to Seller a closing statement setting forth the Purchase
Price, deposit, adjustments, prorations and closing costs as set forth herein; and
4. Execute and deliver such other documents as may be required by this
Agreement.
8. PREPARATION OF CLOSING DOCUMENTS. Within thirty (30) days of the
Effective Date of this Agreement, the Escrow/Closing Agent shall prepare the deed
described in Paragraph 7. of this Agreement. The Escrow/Closing Agent shall prepare
Purchaser's and Seller's closing statements and the title, possession and lien affidavit
certified to be executed by the Seller to Purchaser and title insurer in accordance with
Section 627.7842, Florida Statutes.
9. CLOSING COSTS.
(A) Seller shall pay the following costs and expenses in connection with the
Closing:
1. Its attorney's fees;
2. All recording fees associated any affidavits or satisfactions necessary to
cure title;
3. All documentary stamps and any intangible taxes in connection with the
conveyance of the Property;
4. All costs needed to cure title and provide title evidence;
5. Any costs of operating or maintaining the Property which have been
accrued prior to the Closing; and
6. All mailing costs associated with Closing.
(B) Purchaser shall pay all other costs arising in connection with the Closing
and this Agreement, including without limitation, the following:
1. All recording fees associated with the recording of the General Warranty
Deed;
2. Survey and Appraisal costs;
3. Its costs of document preparation and its attorney's fees;
7
Purchaser Seller
4. The costs of the title commitment and insurance; and
5. Its costs associated with any financing.
(C) The following items shall be prorated between Seller and Purchaser as of
midnight of the day prior to Closing and shall be reflected on the Closing Statement:
1. All real estate taxes and assessments which are or which may become a
lien against the Property shall be satisfied of record by Seller at closing. If the Purchaser
acquires fee title to the Property between January 1 and November 1, Seller shall, in
accordance with Section 196.295, Florida Statutes, place in escrow with the Broward
County Records, Taxes and Treasury Division an amount equal to the current taxes
prorated to the date of transfer, based upon the current assessment and millage rates on
the Property. In the event the Purchaser acquires fee title to the Property on or after
November 1, Seller shall pay to the county tax collector an amount equal to the taxes that
are determined to be legally due and payable by the Broward County Records, Taxes
and Treasury Division.
2. Utility charges, if any, and any other operating or maintenance expenses
associated with the operation and upkeep of the Property.
10. RISK OF LOSS AND CONDITION OF REAL PROPERTY. Seller assumes all risk
of loss or damage to the Property prior to the date of closing and warrants that the
Property shall be transferred and conveyed to Purchaser in the same or essentially the
same condition as of the date of Seller's execution of this Agreement, ordinary wear and
tear excepted, and Seller shall prevent and refrain from any use of the Property for any
purpose or in any manner that would diminish its market or conservation value. Seller will
maintain the landscaping and grounds in a comparable condition and will not engage in
or permit any activity that would materially alter the Property. The Seller shall not transfer
or encumber any interest in the Property prior to closing. If the condition of the Property
is altered by an act of God or other natural force beyond the control of Seller, however,
Purchaser may elect, at its sole option, to terminate this Agreement and neither party
shall have any further obligations under this Agreement. Subject to anything disclosed by
the Survey, Seller represents and warrants that there are no parties other than Seller in
occupancy or possession of any part of the Property. Seller warrants that there are no
facts known to Seller materially affecting the value of the Property that are not readily
observable by Purchaser or that have not been disclosed to Purchaser.
11. RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from the
date this Agreement is executed by Seller, Purchaser and its agents, upon reasonable
notice, shall have the right to enter the Property for all lawful purposes in connection with
this Agreement. Seller shall deliver possession of the Property to Purchaser at closing.
12. DEFAULT.
8
Purchaser Seller
(A) If Seller defaults under this Agreement, Purchaser may waive the default
and proceed to closing, seek specific performance, or refuse to close and elect to receive
the return of any deposit money paid, each without waiving any action for damages, or
any other remedy permitted by law or in equity resulting from Seller's default.
(B) In the event the Purchaser should fail to consummate the transaction
contemplated herein for any reason except for (i) any permissible reasons set forth herein
or (ii) Seller's default, Seller may demand the Escrow Agent to pay any deposit, such sum
being agreed upon as liquidated damages for the failure of Purchaser to perform the
duties, liabilities and obligations imposed upon it by the terms and provisions of this
Agreement and because the difficulty, inconvenience and uncertainty of ascertaining
actual damages, and no other damages, rights or remedies shall in any case be
collectible, enforceable or available to Seller other than as provided in this paragraph.
(C) Seller and Purchaser shall not be required to perform any obligation under
this Agreement or be liable to each other for damages so long as the performance or
nonperformance of the obligation is delayed, caused or prevented by an act of God of
force majeure. An "act of God" or "force majeure" is defined as hurricanes, earthquakes,
floods, fire, unusual transportation delays, wars, insurrections and any other cause not
reasonably in the control of the claiming party and which by exercise of due diligence the
non-performing party is unable in whole or in part to prevent or overcome.
13. BROKERS. Seller and Purchaser each warrants to each other that no persons,
firms, corporations or other entities are entitled to a real estate commission or other fees
as a result of this Agreement or subsequent closing, except as accurately disclosed
below:
Seller: None
Purchaser: None
Seller shall and Purchaser shall to the extent permitted by applicable law indemnify and
hold harmless each other harmless from any and all such claims under this paragraph,
whether disclosed or undisclosed. However, Seller and Purchaser agree that this
provision shall not have the effect of waiving sovereign immunity or the provisions of
section 768.28, Florida Statutes.
14. ESCROW AGENT AND ESCROW PROCEDURE. Escrow Agent, as specified in
Paragraph 1(C), by acceptance of the funds deposited by Purchaser hereunder, agrees
to hold such funds and to disperse the same only in accordance with the terms and
conditions of this Agreement. In the event of a termination of this Agreement or a default
under this Agreement, the deposit (inclusive of the interest accrued thereon) shall be
delivered or disbursed by Escrow Agent as provided in this Agreement. If either party
shall declare the other party in default under this Agreement and such party makes
demand (the "Demand") upon Escrow Agent for possession of the deposit, said party
must provide the other party with a copy of such Demand made upon Escrow Agent.
9
Purchaser Seller
Except with respect to Demands for the deposit made by Purchaser prior to or on the
expiration of the investigation period provided in paragraph 4. (in which event Escrow
Agent shall promptly deliver the deposit to Purchaser upon demand), Escrow Agent shall
not disburse the deposit in accordance with the Demand until the demanding party
delivers to Escrow Agent evidence (e.g., returned receipt from U.S. Postal Service) of the
other party's receipt of the Demand and Escrow Agent has not received written objection
to such demand within the five (5) business days following said party's receipt of the copy
of such Demand. If any dispute or difference arises between Purchaser and Seller or if
any conflicting demands shall be timely made upon Escrow Agent or if the Escrow Agent
is in doubt as to its duties or liabilities under the provisions of this Agreement, it may, in
its sole discretion, continue to hold such funds until the parties mutually agree to
disbursement thereof, or until a judgment of a court of competent jurisdiction shall
determine the rights of the parties hereto, or Escrow Agent may deposit such funds with
the Clerk of the Circuit Court of Broward County, Florida, pursuant to interpleader
procedure, whereupon after notifying all parties concerned with such action and paying
all costs imposed by the Clerk as a result of such deposit, all liability on the part of Escrow
Agent shall terminate except to the extent of accounting for any monies theretofore
delivered out of escrow.
15. TIME. Time is of essence with respect to all dates or times set forth in this
Agreement. Unless otherwise specified, the expiration of any period of time prescribed in
this Agreement shall occur at 5:00 p.m. of the last day of the period. Should any period
of time specified herein end on a Saturday, Sunday, or legal holiday recognized in Dania
Beach, Florida, the period of time shall automatically be extended to 5:00 p.m. of the next
full business day. All time periods referencing number of days shall be calendar days,
unless otherwise specified.
16. SEVERABILITY. If any of the provisions of this Agreement are deemed to be
unenforceable and the unenforceability of said provisions does not adversely affect the
purpose and intent of this Agreement, in Purchaser's sole discretion, the enforceability of
the remaining provisions of this Agreement shall not be affected.
17. SUCCESSORS IN INTEREST. This Agreement shall bind and inure to the benefit
of Seller and Purchaser and their respective heirs, legal representatives, successors and
assigns. Whenever used, the singular shall include the plural and one gender shall
include all genders.
18. ENTIRE AGREEMENT. This Agreement contains the entire agreement between
the parties pertaining to the subject matter contained in it and supersedes all prior and
contemporaneous agreements, representations and understandings of the parties. No
supplement, modification or amendment to this Agreement shall be binding unless
executed in writing by the parties. Notwithstanding the foregoing, the parties acknowledge
that the legal description contained in Exhibit "A" was prepared based upon historic chain
of title information, without the benefit of a current survey of the Property. The parties
agree that if, in the opinion of Purchaser, it becomes necessary to amend the legal
description of the Property to correct errors, to more properly describe the Property, to
10
Purchaser Seller
cut out portions of the Property affected by title defects that cannot be timely removed by
the Seller, or to otherwise revise the legal description of the Property, the legal description
to be used in the Survey (if any) and in the closing instruments required by this Agreement
shall be revised by or at the direction of Purchaser, and shall be subject to the final
approval of Purchaser. Anything to the contrary hereinabove notwithstanding, such a
revision of the legal description of the Property shall not require a written amendment to
this Agreement. In such event, the Seller's execution and delivery of the closing
instruments containing the revised legal description and the Purchaser's acceptance of
said instruments and of the final Survey (if any) containing the revised legal description
shall constitute a full and complete ratification and acceptance of the revised legal
description of the Property by the parties.
19. WAIVER. Failure of either party to insist upon strict performance of any covenant
or condition of this Agreement, or to exercise any right herein contained, shall not be
construed as a waiver or relinquishment for the future of any such covenant, condition or
right; but the same shall remain in full force and effect.
20. AGREEMENT EFFECTIVE. This Agreement or any modification, amendment or
alteration thereto, shall not be effective or binding upon any of the parties hereto until it
has been executed by all of the parties after approval by the Dania Beach City
Commissioners.
21. ADDENDUM. Any addendum attached hereto that is signed by the parties shall
be deemed a part of this Agreement.
22. NOTICE. Whenever either party desires or is required to give notice unto the other,
it must be given by written notice, and either delivered personally, transmitted via
facsimile transmission, mailed postage prepaid, or sent by overnight courier to the
appropriate address indicated on the first page of this Agreement, or such other address
or electronic mail address as may be designated in writing by a party to this Agreement.
23. SURVIVAL. The covenants, warranties, representations, indemnities and
undertakings of Seller set forth in this Agreement shall survive the closing, the delivery
and recording of the deed described in paragraph 7. of this Agreement and Purchaser's
possession of the Property.
24. APPLICABLE LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. The parties hereto consent to jurisdiction
and venue in Broward County, Florida, and agree that such jurisdiction and venue shall
be sole and exclusive for any and all actions or disputes related to this Agreement or any
related instruments.
25. COUNTERPARTS. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute one
and the same instrument.
11
Purchaser Seller
26. INTERPRETATION. Whenever the context hereof shall so require, the singular
shall include the plural, the male gender shall include the female gender and neuter and
vice versa. This Agreement and any related instruments shall not be construed more
strictly against one party than against the other by virtue of the fact that initial drafts were
made and prepared by counsel for one of the parties, it being recognized that this
Agreement and any related instruments are the product of extensive negotiations
between the parties hereto and that both parties hereto have contributed substantially
and materially to the final preparation of this Agreement and all related instruments.
27. AUTHORITY OF PARTIES. Seller and Purchaser represent to each other that
each has full power and authority to enter into and perform this Agreement, all related
instruments and the documentation contemplated hereby and thereby in accordance with
their respective terms and that delivery and performance of this Agreement, all related
instruments and the documentation contemplated hereby and thereby has been duly
authorized by all necessary action.
28. ATTORNEY'S FEES AND COSTS. In the event of any litigation between the
parties arising out of this Agreement or the collection of any funds due Purchaser or Seller
pursuant to this Agreement, the prevailing party shall be entitled to recover from the
nonprevailing party all costs incurred, including without limitation reasonable attorneys'
and paralegals' fees and costs, whether such fees and costs are incurred at trial, on
appeal or in any bankruptcy proceedings.
THIS AGREEMENT IS INITIALLY TRANSMITTED TO THE SELLER AS AN OFFER. IF
THIS AGREEMENT IS NOT EXECUTED BY THE SELLER ON OR BEFORE
________________________, 20_____, THIS OFFER WILL BE VOID UNLESS THE
PURCHASER, AT ITS SOLE OPTION, ELECTS TO EXTEND THIS OFFER.
THIS IS INTENDED TO BE A LEGALLY BINDING AGREEMENT ON SELLER UPON
SELLER'S EXECUTION OF THE AGREEMENT. IF NOT FULLY UNDERSTOOD, SEEK
THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
[THE REMAINDER OF THIS PAGE INTENTIONALLY BLANK.]
12
Purchaser Seller
SELLER:
Print Name: Rodney B. Harrison
Witness as to Seller
Date signed by Seller
Printed Name
Witness as to Seller
Printed Name
STATE OF )
)
COUNTY OF )
SWORN TO and subscribed before me ___ in person or ____ by electronic notarization,
this day of , 20 , by Rodney B. Harrison. Such person(s)
(Notary Public must check applicable box)
[ ] is/are personally known to me.
[ ] produced a current drivers license(s).
[ ] produced as identification.
(NOTARY PUBLIC SEAL)
Notary Public
(Printed, Typed or Stamped Name of Notary Public)
Commission No.:
My Commission Expires:
13
Purchaser Seller
PURCHASER:
CITY OF DANIA BEACH, FLORIDA
By:
Witness as to Purchaser Ana M. Garcia, City Manager
Printed Name
Witness as to Purchaser
Printed Name
APPROVED AT PUBLIC HEARING:
CITY OF DANIA BEACH, FLORIDA BY ITS
BOARD OF CITY COMMISSIONERS
By:
A.J. Ryan IV, Mayor
ATTEST:
Elora Riera, City Clerk
APPROVED AS TO FORM:
Eva A. Boutsis, City Attorney
Date Executed:
14
Purchaser Seller
EXHIBIT A – LEGAL DESCRIPTION
5042 34 01 1630
Site Address: 148 N Federal Highway, Dania Beach FL 33004
Lots 5 and 6, less the West 24 feet of Lot 6, in Block 11, of the TOWN OF MODELO (now
Dania), according to the Plat thereof, as recorded in Plat Book “B” at Page 49, of the
Public Records of Dade County, Florida; said lands situate, lying and being in Broward
County, Florida.
5042 34 01 1640
Site Address: NE 1 Ave, Dania Beach FL 33004
Lot 7, Less the West 24 Feet thereof, and all of Lot 8, Block 11, TOWN OF MODELO
(now Dania), according to the Plat Thereof, as recorded in Plat Book “B” at Page 49, of
the Public Records of Dade County, Florida; said lands situate, lying and being in Broward
County, Florida.
City of Dania Beach
Community Development Memorandum
DATE: 10/10/2023
TO: Honorable Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Candido Sosa-Cruz, Deputy City Manager
Eleanor Norena, CFM, Director
Corinne Lajoie, AICP, Deputy DIrector
SUBJECT: RZ-074-23: The applicant, the City of Dania Beach, is requesting to rezone a
portion of the city owned CW Thomas Park from Neighborhood-Residential to
Open Space (FIRST READING).
Request:
To rezone a portion of CW Thomas Park from Neighborhood-Residential (NBDH-RES) to Open
Space (OS).
Background:
The CW Thomas Park currently as two (2) zoning designations on the land, Neighborhood-
Residential (NBDH-RES) and Open Space (OS). As the park expanded over time, the zoning
was never changed to reflect the expansion of the park. Each zoning designation has different
development regulations making redevelopment of the site difficult.
At this time, Community Development is proposing to rezone the western portion of the park, so
the entire park is properly zoned Open Space. Having one set of development regulations for the
entire park will make it easier to create and review the site plan for compliance with the City’s
Land Development Code (LDC).
This rezoning application will require two (2) readings by the City Commission for approval.
Budgetary Impact
None.
Recommendation
Planning and Zoning Board Recommendation
On September 21, 2023, the Planning and Zoning Board recommended approval of this
application.
Department Recommendation
The Community Development Department recommends that the City Commission approval of
the proposed rezoning on first reading.
ORDINANCE NO. 2023-______
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REQUEST MADE BY THE CITY OF
DANIA BEACH TO REZONE PROPERTY LOCATED AT 100 NW 8 AVENUE,
DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT “A”;
CHANGING THE CURRENT ZONING CLASSIFICATION OF THE
PROPERTY FROM NEIGHBORHOOD RESIDENTIAL (NBHD-RES) TO
OPEN SPACE (OS) (APPLICATION NO. RZ-074-23), SUBJECT TO CERTAIN
RESTRICTIONS; AND AMENDING THE CITY’S ZONING MAP TO
REFLECT THE REZONING OF THE PARCEL, AS REFLECTED IN EXHIBIT
“B”; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 28, the “Land Development Code,” Part 6,
“Development Review Procedures And Requirements,” Article 645, “Rezoning” of the City Code
of Ordinances (the “City Code”), the City of Dania Beach, Owners (the “Applicant”), has applied
to the City of Dania Beach (the “City”) for approval of a rezoning (Application RZ-074-23) for
property located at 100 NW 8 Avenue, Dania Beach, Florida and legally described in Exhibit “A”;
a copy of which is made a part of and incorporated into this Ordinance by this reference; and
WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency,
held a duly advertised public hearing on September 21, 2023, and determined that the proposed
rezoning is consistent with the goals and objectives of the City of Dania Beach Comprehensive
Plan (the “Comprehensive Plan”), and therefore, recommended approval of the proposed rezoning;
and
WHEREAS, the rezoning is consistent with the Future Land Use Map (FLUM) of the
Comprehensive Plan which designates this area as Regional Activity Center; and
WHEREAS, the City Commission conducted two (2) duly noticed public hearings in
accordance with law; and
WHEREAS, the City Commission finds that the approval of the proposed rezoning will
protect the public health, safety, and welfare of the residents of the City, and furthers the purpose,
goals, objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
2 ORDINANCE #2023-______
Section 1.That the foregoing “Whereas” clauses are ratified and confirmed as being
true and correct and they are made a specific part of this Ordinance.
Section 2.Pursuant to Chapter 28 “Land Development Code,” Part 6, “Development
Review Procedures And Requirements,” Article 645, “Rezoning” of the City Code, the rezoning
request (RZ-074-23) from Neighborhood Residential (NBHD-RES) to Open Space (OS) District,
for the property located at 100 NW 8 Avenue, in the City of Dania Beach, Florida, as legally
described in Exhibit “A,” is approved.
Section 3. That the City’s zoning map is amended, as described in Exhibit “B”, which
exhibit is attached and incorporated by reference into this Ordinance.
Section 4.That issuance of a development permit by a municipality does not in any
way create any right on the part of an applicant to obtain a permit from a state or federal agency
and does not create any liability on the part of the municipality for issuance of the permit if the
applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law.
Section 5.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 6.That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to the extent of such conflict.
Section 7.That this Ordinance shall be effective 10 days after passage.
PASSED on first reading on , 2023.
PASSED AND ADOPTED on second reading on , 2023.
First Reading:
Motion by: ____
Second by: ____
Second Reading:
Motion by: _________________________
Second by: _________________________
3 ORDINANCE #2023-______
FINAL VOTE ON ADOPTION:
Commissioner Joyce Davis ______
Commissioner Tamara James ______
Commissioner Marco Salvino ______
Vice Mayor Lori Lewellen ______
Mayor Archibald J. Ryan IV ______
ATTEST:
ELORA RIERA, MMC ARCHIBALD J. RYAN IV
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
4 ORDINANCE #2023-______
EXHIBIT “A”
LEGAL DESCRIPTION
ALL THAT PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST
QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION THIRTY-
FOUR (34), TOWNSHIP FIFTY (50) SOUTH, RANGE FORTY-TWO (42) EAST, LYING
WEST OF BLOCK THIRTY (30) OF THE TOWN OF MODELO (NOW DANIA),
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK “B”, PAGE 49, OF
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; SAID LANDS SITUATE, LYING
AND BEING IN BROWARD COUNTY, FLORIDA.
LESS AND EXCEPT THEREFROM PUBLIC RIGHT-OF-WAY FOR NW 8TH AVENUE,
TOGETHER WITH:
LOTS ONE (1) THROUGH TEN (10), INCLUSIVE, BLOCK ONE (1), “WEST MOORLAND”,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 19, PAGE 8, OF
THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, TOGETHER WITH A
TWENTY-FIVE (25) FOOT RIGHT-OF-WAY FOR NW 10TH AVENUE, LYING EASTERLY
OF SAID BLOCK ONE (1).
SUBJECT TO:
THAT PORTION OF UNRECORDED PUBLIC RIGHT-OF-WAY, ADJACENT TO THE
ABOVE DESCRIBED LANDS, BEING THE EASTERLY EXTENSION OF NW 1ST STREET
AND NW 2ND STREET, INTERSECTING NW 8TH AVENUE.
5 ORDINANCE #2023-______
EXHIBIT “B”
City of Dania Beach
City Manager Memorandum
DATE: 10/10/2023
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Ana M. Garcia, ICMA-CM, City Manager
SUBJECT: Approval of Expenditure of City Funds to Exceed One Million for the Purchase of
148 S. North Federal Highway - First Reading
Request:
The City Administration requests expenditure authorization of City funds that will exceed one
million dollars for the property located at 148 N. Federal Highway.
Background:
Through the Mayor, the City has prepared a purchase and sale agreement between the City and
Rodney B. Harrison which offer is contingent upon City Commission approval and a due
diligence period to confirm environmental quality of the land, at a purchase price of One Million
Six Hundred Thousand Dollars ($1,600,000.00).
Before proceeding with the purchase, the City’s to Section 2, “Certain Expenditures” of Article
3, “Powers of the City”, of the City Charter, the City Commission must, by ordinance, approve
any expenditures of City funds that exceed One Million Dollars ($1,000,000.00) after two (2)
advertised public hearings of the ordinance requires the Commission to authorize expenditures
that exceed one million dollars. The City has completed its due diligence as to the property
value, and any closing will occur after the City has received environmental sign off in
conducting a Phase I Environmental test of the property.
Budgetary Impact
The funding for this purchase in the amount of $1,600,000.00, plus closing costs, will be
appropriated from: Appropriated Fund Balance (001-00-00-389-90-01), Purchase of Land (001-
18-00-519-61-10).
Recommendation
It is recommended that the City Commission adopt the Ordinance on the first reading to
authorize the expenditure of City funds exceeding one million dollars for the purchase of 148 N.
Federal Highway in the amount of $1,600,000.00, plus closing costs.
ORDINANCE NO. 2023-_____
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF CITY FUNDS
EXCEEDING ONE MILLION DOLLARS ($1,000,000.00), WHICH
EXPENDITURE IS NOT TO EXCEED ONE MILLION SIX HUNDRED
THOUSAND DOLLARS ($1,600,000.00) FOR THE PURCHASE OF 148
NORTH FEDERAL HIGHWAY, DANIA BEACH, FLORIDA; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 2, “Certain Expenditures” of Article 3, “Powers of the
City”, of the City Charter, the City Commission must, by ordinance, approve any expenditures of
City funds that exceed One Million Dollars ($1,000,000.00) after two (2) advertised public
hearings of the ordinance; and
WHEREAS, the City has issued an offer to purchase 148 North Federal Highway, for the
purchase price of One Million Six Hundred Thousand Dollars ($1,600,000.00), contingent upon
city commission approval, and a due diligence period; and
WHEREAS the dollar amount the purchase price exceeds the monetary threshold of One
Million Dollars ($1,000,000.00); and
WHEREAS, at second reading of the ordinance the City shall hold two public hearings
on the expenditure exceeding One Million Dollars ($1,000,000.00).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1.That the above “WHEREAS” clauses are ratified and confirmed as being
true and correct, and they are made a part of and incorporated into this Ordinance by this
reference.
Section 2.That the proper City officials are authorized to expend more than One
Million Dollars ($1,000,000.00) to purchase 148 North Federal Highway.
Section 3. That Fiscal Year 2023-24 funding for this purchase, in the amount of One
Million Six Hundred Thousand Dollars ($1,600,000.00), plus applicable closing costs, is
currently available in the City’s General Fund Unassigned Fund Balance account number 001-
71-00-00 and shall be appropriated to the following revenue and expenditure accounts:
Appropriated Fund Balance (001-00-00-389-90-01)
Purchase of Land (001-18-00-519-61-10).
ORDINANCE #2023-______2
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 take effect immediately at the time of its passage
and adoption.
PASSED on first reading on October 10, 2023.
PASSED AND ADOPTED on second reading on _______________________.
First Reading:
Motion by: ___________________________
Second by: ___________________________
Second Reading:
Motion by: ___________________________
Second by: ___________________________
FINAL VOTE ON ADOPTION:
Commissioner Joyce Davis ______
Commissioner Tamara James ______
Commissioner Marco Salvino ______
Vice Mayor Lori Lewellen ______
Mayor Archibald J. Ryan IV ______
ATTEST:
__________________________ ___________________________
ELORA RIERA, MMC ARCHIBALD J. RYAN IV
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
ORDINANCE #2023-______3
EXHIBIT “A”
LEGAL DESCRIPTION
Lots 5 and 6, less the West 24 feet of Lot 6, in Block 11, of the TOWN OF MODELO (now
DANIA), according to the Plat thereof, as recorded in Plat Book "B," at Page 49, of the
Public Records of Dade County, Florida; said lands situate, lying and being in Broward
County, Florida.
City of Dania Beach
Community Development Memorandum
DATE: 10/10/2023
TO: Honorable Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager
Eleanor Norena, CFM, Director
Corinne Lajoie, AICP, Deputy Director
SUBJECT: Selection of artist in response to the Call to Artist for the City of Dania Beach’s
City Hall Parking Garage public art project.
Request:
Selection of artist in response to the Call to Artist for the City of Dania Beach’s City Hall
Parking Garage public art project.
Background:
On August 1, 2023, the Call to Artist was published with an anticipated project budget of
$60,000. A total of fifty-nine (59) submittals were received, forty-six (46) of which met the
minimum qualifications.
The Call to Artist identified that the City would shortlist up to five (5) Artists to develop
preliminary conceptual design proposals to present via video conference or in-person to the
PAAB. Each shortlisted Artist will receive information about the project and have a minimum of
one (1) month to prepare a preliminary conceptual design proposal for review by the Artist
Selection Panel. Shortlisted Artists will be paid an honorarium of $1,000 for the proposal and
presentation.
On September 18, 2023, the PAAB met and discussed the submittals received. The Board
identified their top five artists whom they would like to request proposals from. The top five
artists selected are identified below:
• Ivan Roque
• Vito Di Bari
• Ernesto Maranje
• Aaron T. Stephan
• Dan Bergeron & Gabriel Specter
Budgetary Impact
The anticipated cost for the conceptual design proposals from the five (5) selected artist is $5,000
which will be appropriated from the Public Art fund Account #115-15-01-515-31-10.
Recommendation
City Commission to approve the five (5) selected artist to request proposals for a mural design
on the City of Dania Beach Parking Garage (east wall) public art project.
VITO DI BARI
Innovation Designer, CEO and Founder of DiBari & Associates
Professional Resume.
In 1999, Vito was appointed Executive Director at International Multimedia Institute of UNESCO, in Paris. At this time,
Vito was a member of the Editorial Committee of Harvard Business Review (Italy) and the Scientific Committee of the
International Institute for Opera and Poetry of UNESCO, a Member of the Fiction Financing Committee Euro-Aim MEDIA
with the Council of Europe (Bruxelles), and a Chairman of the Arts & Communication International Fellowship of the
Rotary International (Evanston, Il).
In 2007, the city of Milan appointed Vito Di Bari to be the Innovation Designer for The 2015 Universal EXPO. As a result
of this, Vito began developing creative and inspiring urban projects. All of Vito’s projects are value- driven and based on
next-generation technologies and materials. His Digital Expo Project won the competition with a visionary proposal
featuring Vito’s concepts to design a city of the future using recent discoveries in various fields, such as augmented reality,
movement sensors, nanotechnologies, and robotics. Vito created his vision of the Inspirational City, a city of the future
releasing positive emotions and improving the overall quality of life driven by hidden next generation technologies.
NEO-FUTURISM
Vito is considered the leader of the avant-garde movement called Neo-Futurism, which is a rethinking of the aesthetics and
efficient functionality of future cities, concerning architectural design and art in public places. The pioneer of the
movement was French architect Denis Laming. Neo-futurist urbanists, architects, and artists believe in cities releasing
positive emotions and improving the quality of life through Eco sustainability, values, and innovative technologies.
With The Art Reef Project (2017), Vito designed, fabricated, and installed a piece as creative as it is altruistic. In Naples,
Florida one can find his one of a kind installation, which takes the form of a sea turtle laying on the ocean floor. It is
composed of stone panels that have already grown new coral in an effort to revitalize the dying sea life in the area. Firmly
situated within the realm of neo- futurism, it echoes Di Bari’s ethos that “beauty will save the world”. Vito’s neo-futuristic
vision of the “cross-pollination of art and technology for a better world” was defined by Steve Jobs as the “post-PC DNA”
and it is shared by world-renowned designers, artists, and other creatives.
ART, PHILOSOPHY, AND STYLE
Vito’s imaginative projects reflect the convergence of art, values, and cutting-edge technologies. He is an inspirational
thought leader of not only the Neo-Futurist movement, but also of “history telling walls”. The idea is to preserve the
memories and feelings of a city and its citizens by immortalizing them through large-scale murals. His 2019 Tamarac
Community Center Wall Mural does just that, chronicling the history of the city, from its founding to present-day, using
contemporary graphics.
Aesthetically, Vito’s work plays off of each site’s unique pulse. The clean and sleek design of the multifaceted installation
Zero Mile Marker (2019) both fits within its surroundings and makes it stand out as a true landmark, beautifying a
previously gray urban underpass in downtown Miami, Florida. It is this balance as well as the balance between traditional
and contemporary, representative and abstract, which grants his art such widespread appeal.
Of course the philosophy behind his concepts, the theory behind his designs, and the selection of materials and media is of
utmost importance. However, what matters most to Di Bari is that the lives of residents improves with the installation of
each of his public artworks. MyEquilibria (2016) is a testament to this, as it encourages open-air exercise and blurs the
border between art and wellness.
DIBARI & ASSOCIATES
In 2012, Vito expanded the work of his studio in Milan to include the United States, specializing in implementing the
newest technologies and materials to provide creative urban solutions for public places. Vito currently resides in Miami
Beach, FL where he has recently established his studio’s U.S. base of operations: DiBari & Associates.
The DB&A studio brings to the United States its world-renowned star artists and designers. The members of this “Dream
Team” are the very best worldwide in their respective fields. The Associates work in concert to ensure that project results
are unparalleled in beauty, wonder, and functionality, by embracing innovation, sustainability, and livability.
DiBari & Associates’ goal is to “Design the Cities of the Future, Today”. From Hong Kong to Paris, from Berlin to Rio
de Janeiro, from London to Milan, from Amsterdam to Prague, the Partners and Associates of DiBari Innovation Design
deliver the best that the world has to offer. All of them share Vito’s vision of an Emotional City: creating beautiful,
magical, eco-compatible cities implementing new materials and new technologies utilizing out-of-the-box creative new
ideas.
REPRESENTATIVES PROJECTS AND REFERENCES
1.Sun Salutations - West Palm Beach, FL - USA
Materials - Water jet cut powder coated aluminum, dichroic glass
Dimensions - 7.5’ x 6.5’ x 0" Budget - $65.000,00
Year - 2021
Project reference contact information:
Sybille Welter - Administrator of Public Art and Culture
City of West Palm Beach - Public Art for an Inspired City
401 Clematis Street - West Palm Beach, FL 33401
561.822.1521 - scwelter@wpb.org
2. Zero Mile Marker - Miami, FL - USA
Materials - Digital painting, aluminum wraps, vinyl prints
Dimensions - 20’ x 100’ x 900’
Budget - $1.200.000,00 Year - 2019
Project reference contact information:
Roberto L. Hernandez - President of RH Engineering Group, Inc.
647 West Flagler Street, Miami, FL 33130
786.600.3300 x 1001 - rhengineeringgroup@gmail.com
3. Tamarac Community Center Wall - Tamarac, FL - USA
Medium - Paint
Dimensions - 34’ x 83’ x 17’
Budget - $50.000,00
Year – 2019
Project reference contact information:
Beth Ravitz - Art Consultant for the city of Tamarac
954-701-2118 - bethravitz@gmail.com
4. The Art Reef Project - Naples, FL - USA
Materials - Underwater Limestone Blocks
Dimensions - 10’ x 80’ x 80’
Budget - $130.000,00 Year - 2017
Project reference contact information:
Diane Flagg - Chair at Collier County - Economic Recovery Task Force (ERTF)
9045 Strada Stell Court Suite 305 - Naples, FL - 34109
(239)784-5580 - diane.flagg@att.net
5. MyEquilibria - Miami, FL - USA
Materials: Concrete and wood
Dimensions - 23 x 30 x 23 ft.
Budget - $90.000,00 Year – 2018
Project reference contact information:
Jimmy Morales - former City Manager Miami Beach. Now Director of Public works at Miami-Dade County
111 NW 1st St, Miami, FL, 33128
(305) 375-2960 - Jimmymorales@miamidade.gov
6. Pet Love Archway – Odessa, TX - USA
Materials: Steel
Dimensions - 9 x 7 x 2 ft.
Budget - $80.000,00 Year – 2023
Project reference contact information:
Randy Ham, Executive Director Odessa Arts
PO Box 7195, Odessa, TX 79760
(432) 337-1492 - randy@odessaarts.org
STATEMENT RFQ Parking Garage Wall Public Art Project- Dania
Beach, FL
I lead a studio of associated artists, Dibari & Associates, located in Miami,
Florida. My goal is to bring together star artists and star designers that share the same
vision: crafting landmark public artworks that instill emotion in our towns and cities. I
have created numerous examples of memorable public art that shapes the look and feel
of cities in order to enhance the quality of life for residents. This includes a strong focus
on “History Telling Walls”, which are murals that seek to protect heritage, celebrate
everyday heroes, and make urban architecture more welcoming.
I would be honored to craft a one-of-a-kind, two-dimensional artwork for the
exterior of the City Hall Parking Garage in Dania Beach, Florida. This project calls to me
for many reasons, the first of which is that this piece is an opportunity to build
community. Community engagement is an integral part of my design process. My intent
with this project would be to gather ideas from the local residents themselves and delve
deeper into both the history of Dania Beach and its diverse contemporary cultural
landscape. During previous public art commissions, this has led to a great deal of
inspiration and changed the trajectory of some pieces in a positive way.
Ultimately, my goal is to unite people in a shared experience and to give
residents something of which to be proud, in turn elevating the unique sense of place of
each town or city. I also appreciate the city’s priority of focusing on environmental
stewardship. Our environment shapes us as people, and by using the specific
intricacies of each natural landscape and its flora and fauna as inspiration, I feel I am
able to further create a sense of belonging among the residents and visitors to each
site. I have recently completed relevant public artwork of a similar scope, including
historic murals, creative lighting design, and the use of augmented reality as seen in
Once Upon a Time (2018, https://vimeo.com/434730965). In the video link, we can
experience the inventive anamorphic illusion embellished with augmented reality playing
with our sense of space both physically and digitally.
My track record should give you confidence in my professionalism and ability to
work with the City of Dania Beach to enhance the City Hall Complex. Having worked
extensively in Florida, I am not only familiar with the state’s culture but also its harsh
climate and which high-quality, durable materials will allow a piece to last with minimal
maintenance. Dania Beach already excels in engaging creative offerings, from existing
public artworks to Dania Beach After Dark. I am prepared to complement these
elements with a two-dimensional artwork to be enjoyed for generations to come.
1. TITLE: Tamarac Community Center Wall Mural by Vito Di Bari
YEAR INSTALLED: 2019
LOCATION: Tamarac, FL
MEDIA: Mural
MATERIALS: Paint
DIMENSIONS: 34 x 83 x 17 ft.
CLIENT: City of Tamarac
BUDGET: $50,000
DESCRIPTION: Created in collaboration with the local population and community
stakeholders, this mural tells the story of Tamarac—starting from the depiction of its
founder, across its historic landmarks, to its present-day identity.
2. TITLE: Zero Mile Marker by Vito Di Bari
YEAR INSTALLED: 2019
LOCATION: Miami, Florida
MEDIA: Digital painting, aluminum wraps, vinyl prints
DIMENSIONS: 20 x 100 x 900 ft.
CLIENT: Miami Parking Authority
BUDGET: $1,200,000
DESCRIPTION: This installation redesigned the borderline between the two vibrant Miami
neighborhoods by combining Ancient Roman symbolism with contemporary design. The
result was a luminous underpass which dazzled passersby while navigating strict structural
limitations.
3. TITLE: Calamansi and Sampaguita by Pastel FD
YEAR INSTALLED: 2016
LOCATION: Bonifacio Global City, Philippines
MEDIA: Mural
DIMENSIONS: 100 x 130ft.
CLIENT: BGC Corporate Center
BUDGET: $100,000
DESCRIPTION: This massive mural features two flowers with unique roles in Filipino culture:
The Calamansi is traditionally used in Filipino funerals as a means to purify the body; and
the Sampaguita, is the national flower that represents humility and reverence. Their
placement on a corporate center is subtle reminder of the importance of history and
culture.
4. TITLE: Quiete by Ale Senso
YEAR INSTALLED: 2021
LOCATION: San Vito lo Capo, Italy
MEDIA: Pavement Art
DIMENSIONS: 82’ x 295’
CLIENT: SUA – San Vito lo Capo Urban Art Festival
BUDGET: $100,000
DESCRIPTION: A pavement artwork with the goal to reflect the importance of unity using a
visual metaphor, with two figures: one sand-colored and one sky-blue. They are united to a
point that they have become one. Two common elements of water and earth, celebrating
the most natural essence of the human being.
5. TITLE: Once Upon a Time by Leon Keer
YEAR INSTALLED: 2018
LOCATION: Pessac, France
MEDIA: 3D mural, augmented reality
DIMENSIONS: 40’ x 40’
CLIENT: Vibrations Urbaines Festival
BUDGET: $80,000
DESCRIPTION: This anamorphic mural incorporates augmented reality to enhance the 2D
painted optical illusion. Scan the painting with a smartphone to witness animated features
that bring the depicted scene to life.
IVAN ROQUE
(786) 419-8443- www.IVANROQUE.com - IJROQUE989@GMAIL.COM
3561 SW 117 Ave Apt 207, MIAMI, FL 33175 USA
Education
Bachelor’s of Art in Visual Art with a minor in Art History – Florida International
University
Solo Exhbitions
2013- NAC Gallery “Lost In Cinema”- Fort Lauderdale, FL
2014- Rise Up Gallery "Think Happy Shit"- Miami, FL
2016- Coral Springs Museum of Art “Definition of a Phoenix”- Coral Springs, FL
2017- Confidante Hotel “Visions from Across the Way”- Miami Beach, FL
Mural Festivals / Projects
-The Bushwick Collective – Brooklyn, NY
-Pow Wow Worcester – Worcester, MA
-Basel House – Miami, FL
-Ultra Music Festival – Miami, FL / Seoul, Republic of South Korea
-International Meeting of Styles- Miami, FL
-Burning Bridges Chattanooga- Chattanooga, TN
-A Wall Festival - Miami, FL
-West Art District – Orlando, FL
-Arts Garage – New Orleans, LA
-Create Change Mural Project by the Miami Dolphins and Microsoft- Miami, FL
-Earth Day Mural Festival – Marathon, FL
-Burning Bridges Mural Festival – Chattanooga, Tennessee
-NOLA Mural Project- New Orleans, LA
-Sprayseemo Mural Festival- Kansas City, MO
-Akumal Festival de los Artes- Akumal, Mexico
-Zoo Walls- Miami, FL
-Mural Marathon- Reno, Nevada
-Little Haiti Mural Project- Miami, FL
-Talking Walls- Charlotte, NC
-Flint Public Art Project- Flint, Michigan
-Wynwood Mural Fest- Miami, FL
-Art Infect IV- Kaiserslautern, Germany
-Untapped at Miami Dade College- Hialeah, FL
-Art Infusion- Janesville, Wisconsin
-Hoodoo Mural Festival- Amarillo Texas
-Liv Co Mural Festival- Avon, New York
Arts in Public Places
-Open Canvas Project – Fort Lauderdale, Florida
-Red Reef Mural Project- Boca Raton, Florida
-Spanish River Tunnels Project- Boca Raton, Florida
-City of Manchester- City of Manchester, Tennessee
-Neon Art District- Norfolk, Virginia
-Wauwatosa Mural Project- Wauwatosa, Wisconsin
-City of Cape Canaveral- Cape Canaveral, Florida
-Arts in the Burg- South Pittsburg, Tennessee
-Bravo Supermarket- City of Miramar, Florida
-Windows to the World- City of Miramar, Florida
-Hattiesburg Alliance for Public Art (Long Leaf Trace Tunnel) - Hattiesburg, Mississipp
-City of North Miami - North Miami, Florida
-DHMP- Hollywood, Florida
-Mural Fest - Corpus Christi, Texas
Clients & Collaborators
-Miami Open
-Corona
-Samsung
-Soundcloud
-Microsoft
-Miami Dolphins
-Deep Eddy Vodka
-Ultra Music Festival
-Live Nation
-Zoo Miami
-Burger King
-Waterloo Sparkling Water
-Omnilife
-Flor de Caña
-Florida International University
-Formula One
-Capital One
-McDonald's
-Intermiami CF
-Virgin Voyages
References
Jill Weisberg- Curator of DHMP for the City of Hollywood - jweisberg@hollywoodfl.org
Christine Rebout- Director at Janesville Conventions & Visitors Bureau - director@janesvillecvb.com
Kristin Brock - Director of Programs and Development at Visit HATTIESBURG - kbrock@visithburg.org
VITO DI BARI
Innovation Designer, CEO and Founder of DiBari & Associates
Professional Resume.
In 1999, Vito was appointed Executive Director at International Multimedia Institute of UNESCO, in Paris. At this time,
Vito was a member of the Editorial Committee of Harvard Business Review (Italy) and the Scientific Committee of the
International Institute for Opera and Poetry of UNESCO, a Member of the Fiction Financing Committee Euro-Aim MEDIA
with the Council of Europe (Bruxelles), and a Chairman of the Arts & Communication International Fellowship of the
Rotary International (Evanston, Il).
In 2007, the city of Milan appointed Vito Di Bari to be the Innovation Designer for The 2015 Universal EXPO. As a result
of this, Vito began developing creative and inspiring urban projects. All of Vito’s projects are value- driven and based on
next-generation technologies and materials. His Digital Expo Project won the competition with a visionary proposal
featuring Vito’s concepts to design a city of the future using recent discoveries in various fields, such as augmented reality,
movement sensors, nanotechnologies, and robotics. Vito created his vision of the Inspirational City, a city of the future
releasing positive emotions and improving the overall quality of life driven by hidden next generation technologies.
NEO-FUTURISM
Vito is considered the leader of the avant-garde movement called Neo-Futurism, which is a rethinking of the aesthetics and
efficient functionality of future cities, concerning architectural design and art in public places. The pioneer of the
movement was French architect Denis Laming. Neo-futurist urbanists, architects, and artists believe in cities releasing
positive emotions and improving the quality of life through Eco sustainability, values, and innovative technologies.
With The Art Reef Project (2017), Vito designed, fabricated, and installed a piece as creative as it is altruistic. In Naples,
Florida one can find his one of a kind installation, which takes the form of a sea turtle laying on the ocean floor. It is
composed of stone panels that have already grown new coral in an effort to revitalize the dying sea life in the area. Firmly
situated within the realm of neo- futurism, it echoes Di Bari’s ethos that “beauty will save the world”. Vito’s neo-futuristic
vision of the “cross-pollination of art and technology for a better world” was defined by Steve Jobs as the “post-PC DNA”
and it is shared by world-renowned designers, artists, and other creatives.
ART, PHILOSOPHY, AND STYLE
Vito’s imaginative projects reflect the convergence of art, values, and cutting-edge technologies. He is an inspirational
thought leader of not only the Neo-Futurist movement, but also of “history telling walls”. The idea is to preserve the
memories and feelings of a city and its citizens by immortalizing them through large-scale murals. His 2019 Tamarac
Community Center Wall Mural does just that, chronicling the history of the city, from its founding to present-day, using
contemporary graphics.
Aesthetically, Vito’s work plays off of each site’s unique pulse. The clean and sleek design of the multifaceted installation
Zero Mile Marker (2019) both fits within its surroundings and makes it stand out as a true landmark, beautifying a
previously gray urban underpass in downtown Miami, Florida. It is this balance as well as the balance between traditional
and contemporary, representative and abstract, which grants his art such widespread appeal.
Of course the philosophy behind his concepts, the theory behind his designs, and the selection of materials and media is of
utmost importance. However, what matters most to Di Bari is that the lives of residents improves with the installation of
each of his public artworks. MyEquilibria (2016) is a testament to this, as it encourages open-air exercise and blurs the
border between art and wellness.
DIBARI & ASSOCIATES
In 2012, Vito expanded the work of his studio in Milan to include the United States, specializing in implementing the
newest technologies and materials to provide creative urban solutions for public places. Vito currently resides in Miami
Beach, FL where he has recently established his studio’s U.S. base of operations: DiBari & Associates.
The DB&A studio brings to the United States its world-renowned star artists and designers. The members of this “Dream
Team” are the very best worldwide in their respective fields. The Associates work in concert to ensure that project results
are unparalleled in beauty, wonder, and functionality, by embracing innovation, sustainability, and livability.
DiBari & Associates’ goal is to “Design the Cities of the Future, Today”. From Hong Kong to Paris, from Berlin to Rio
de Janeiro, from London to Milan, from Amsterdam to Prague, the Partners and Associates of DiBari Innovation Design
deliver the best that the world has to offer. All of them share Vito’s vision of an Emotional City: creating beautiful,
magical, eco-compatible cities implementing new materials and new technologies utilizing out-of-the-box creative new
ideas.
REPRESENTATIVES PROJECTS AND REFERENCES
1.Sun Salutations - West Palm Beach, FL - USA
Materials - Water jet cut powder coated aluminum, dichroic glass
Dimensions - 7.5’ x 6.5’ x 0" Budget - $65.000,00
Year - 2021
Project reference contact information:
Sybille Welter - Administrator of Public Art and Culture
City of West Palm Beach - Public Art for an Inspired City
401 Clematis Street - West Palm Beach, FL 33401
561.822.1521 - scwelter@wpb.org
2. Zero Mile Marker - Miami, FL - USA
Materials - Digital painting, aluminum wraps, vinyl prints
Dimensions - 20’ x 100’ x 900’
Budget - $1.200.000,00 Year - 2019
Project reference contact information:
Roberto L. Hernandez - President of RH Engineering Group, Inc.
647 West Flagler Street, Miami, FL 33130
786.600.3300 x 1001 - rhengineeringgroup@gmail.com
3. Tamarac Community Center Wall - Tamarac, FL - USA
Medium - Paint
Dimensions - 34’ x 83’ x 17’
Budget - $50.000,00
Year – 2019
Project reference contact information:
Beth Ravitz - Art Consultant for the city of Tamarac
954-701-2118 - bethravitz@gmail.com
4. The Art Reef Project - Naples, FL - USA
Materials - Underwater Limestone Blocks
Dimensions - 10’ x 80’ x 80’
Budget - $130.000,00 Year - 2017
Project reference contact information:
Diane Flagg - Chair at Collier County - Economic Recovery Task Force (ERTF)
9045 Strada Stell Court Suite 305 - Naples, FL - 34109
(239)784-5580 - diane.flagg@att.net
5. MyEquilibria - Miami, FL - USA
Materials: Concrete and wood
Dimensions - 23 x 30 x 23 ft.
Budget - $90.000,00 Year – 2018
Project reference contact information:
Jimmy Morales - former City Manager Miami Beach. Now Director of Public works at Miami-Dade County
111 NW 1st St, Miami, FL, 33128
(305) 375-2960 - Jimmymorales@miamidade.gov
6. Pet Love Archway – Odessa, TX - USA
Materials: Steel
Dimensions - 9 x 7 x 2 ft.
Budget - $80.000,00 Year – 2023
Project reference contact information:
Randy Ham, Executive Director Odessa Arts
PO Box 7195, Odessa, TX 79760
(432) 337-1492 - randy@odessaarts.org
IVAN ROQUE
3561 SW 117 Ave Apt 207, Miami, FL 33175
(786)419-8443
ijroque989@gmail.com
August 7, 2023
To: Dania Beach Public Arts
My name is Ivan Roque and I’m a professional artist based out of Miami, FL. I came across your
call to artists and was interested in getting involved on this opportunity. I would love to come and
paint a masterpiece for the City of Dania Beach as it has played an integral part of who I am not only
as an artist but a person. I remember going fishing on the pier with my uncle, days as a child running
on the sand with my grand parents, waiting with great anticipation the line of Jaxson's for their
amazing ice cream and all of those amazing times at the old Boomers and Bass Pro Shops. Dania
Beach truly is a South Florida gem and nothing would be a bigger honor and bring me greater pride
than to create a piece for this amazing city.
Art brings about huge change in the most positive way to a community. It inspires the children to
chase their visions and truly livens up the neighborhood for all to see and appreciate. I want to create
a piece that captures the essence of Dania Beach now, then and the future something that would be
elegant and Florida.
I have many experiences with murals as I have painted murals abroad both nationally and
internationally with some of the biggest names in the industry such as Microsoft, Forumula One and
Samsung just to name a few. I have done major mural festivals such as the Mural Festival, Pow Wow
Worcester and the Bushwick Collective so the wall will guaranteed be to the highest degree of
quality. I've also been commissioned by many private developers and municipalities as well such as
the City of Pembroke Pines, the City of North Miami and Corpus Christi just to name a few. I only
focus on using the best brands available for whatever needs to get done. Thank you for taking the time
to read my application and I look forward to hearing back. Have a great day.
-Ivan Roque
www.IVANROQUE.com
Ivan Roque Digital ID Image Sheet
1.
Title: “Birth of South Florida”
Date: December 2021
Materials: Spray Paint and Acrylic
Dimensions: 76’ x 18’
Locations: North Miami, Florida
Client: City of North Miami Community Redevelopment Agency
Budget: $11,000
2.
Title: “Small but Mighty”
Date: October 2021
Materials: Spray Paint and Acrylic
Dimensions: 65’ x 22’
Locations: Amarillo, Texas
Client: Hoodoo Mural Festival
Budget: $8,000
3.
Title: “Horse Country”
Date: July 2022
Materials: Spray Paint and Acrylic
Dimensions: 86’ x 23’
Locations: Avon, New York
Client: Livingston County New York
Budget: $12,000
4.
Title: “Spirit of Us”
Date: August 2022
Materials: Spray Paint and Acrylic
Dimensions: 45’ x 33’
Locations: Pembroke Pines, Florida
Client: City of Pembroke Pines
Budget: $14,000
5.
Title: “River of Life”
Date: September 2021
Materials: Spray Paint and Acrylic
Dimensions: 100’ x 8’
Locations: Janesville, Wisconsin
Client: City of Janesville
Budget: $8,000
6.
Title: “South Pittsburg”
Date: June 2021
Materials: Spray Paint and Acrylic
Dimensions: 100’ x 25’
Locations: South Pittsburg, Tennessee
Client: Arts in the Burg
Budget: $10,000
7.
Title: “Journey to Imagination”
Date: June 2022
Materials: Spray Paint and Acrylic
Dimensions: 75’ x 10’
Locations: Binghamton, New York
Client: Broome County New York
Budget: $9000.000
8.
Title: “The Plaza”
Date: April 2021
Materials: Spray Paint and Acrylic
Dimensions: 70’ x 20’
Locations: Miramar, Florida
Client: City of Miramar
Budget: $8000.00
9.
Title: “New Beginnings”
Date: January 2023
Materials: Spray Paint and Acrylic
Dimensions: 75’ x 25’
Locations: Venice, Florida
Client: Wellen Park
Budget: $40,000.00
10.
Title: “Freehold Flamingo”
Date: November 2021
Materials: Spray Paint and Acrylic
Dimensions: 14’ x 10’
Locations: Miami, Florida
Client: Freehold Wynwood
Budget: $7,000.00
Selected Murals & Public Art Commissions
United States
• Family Portrait for the city of Green Bay – Green Bay, WI (2023)
• The Path to Everywhere for Disney Springs – Orlando, FL (2023)
• Florida Wildlife Corridor for the Florida Wildlife Corridor Foundation – St. Pete, FL (2022)
• Azeban for the city of Northampton – Northampton, MA (2022)
• Belmonte for the city of Fort Lee – Fort Lee, NJ (2022)
• Stopping by the Woods for the city of Johnson City – Johnson City, TN (2022)
• Ferdinand for the city of Odessa – Odessa, TX (2022)
• FAU Owl for Florida Atlantic University with Unconventional Group – Boca Raton, FL (2022)
• Patch of Heaven for Patch of Heaven Sanctuary – Miami, FL (2022)
• Planes of Perception for Goldman Global Art’s Wynwood Walls – Miami, FL (2021)
• Abuelita for the University of Florida – Gainesville, FL (2021)
• Curiosity for Konover South – Miramar, FL (2021)
• Pets Bring Us Together for Chewy with Mana Public Arts – Miami, FL (2021)
• Reflections Through Flora for the city of Ocala – Ocala, FL (2020)
• Renewed Vision for Florida Power & Light with Goldman Global Arts – Miami, FL (2020)
• Rebirth for Cirque du Soleil with Twenty6North – Fort Lauderdale, FL (2020)
• Sentries for Goldman Global Art’s Wynwood Walls – Miami, FL (2019)
• Native Song for the city of North Miami with Before It's Too Late – North Miami, FL (2019)
• Avian Odyssey for Broward County at Port Everglades – Fort Lauderdale, FL (2019)
• Falcon for Allentown’s City Center with DrippedOn Productions – Allentown, PA (2019)
• Panther for Dillard High School – Fort Lauderdale, FL (2018)
• Mima for Santa Clara Elementary School with aWall Mural Projects – Miami, FL (2018)
• Camillus House for Camillus House with Unconventional Group – Miami, FL (2018)
• Florida Wildlife for Frank C. Ortis Art Gallery & Exhibit Hall – Pembroke Pines, FL (2017)
• With or Without Us with the Pangeaseed Foundation – Miami, FL (2017)
• The Guardian for p:ear with aptART – Portland, Oregon (2016)
• Turtle for the Downtown Hollywood Mural Project – Hollywood, FL (2016)
Abroad
• Raccoons for Art Sur mural festival – La Victoria, Spain (2018)
• Oso for Mucho Más Mayo mural festival - Cartagena, Spain (2018)
artist / muralist
maranje.com
@ernestomaranje
hello@maranje.com
954-593-9349
8980 NW 25th Ct. Sunrise, FL 33322
• Once Upon a Time for the Schisto refugee camp with aptART - Athens, Greece (2018)
• The Rhino and the Oxpecker with aptART – Beirut, Lebanon (2017)
• Parents Are Our Homeland with aptART – Sulaymaniyah, Iraq (2017)
• Grace with aptART – Erbil, Iraq (2017)
• Horse with Odessarium – Odessa, Ukraine (2017)
• Elephant with Odessarium – Odessa, Ukraine (2017)
• Dance for Prosperity with ArtUnitedUs – Kyiv, Ukraine (2016)
• Songs Of Harmony with ArtUnitedUs – Kyiv, Ukraine (2016)
• Serenity with ArtUnitedUs – Kyiv, Ukraine (2016)
• Camel with aptART – Kerak, Jordan (2016)
For a more complete visual list of mural work, please visit maranje.com/images
Selected Awards
• National Mural Award Gold for Region 4: AR, LA, OK, TX, NM, AZ (2023)
• National Association of Counties (NACo) Achievement Award in Arts for Broward County (2021)
Selected Press
• Digital - Montana Cans: aptART In Iraq For World Refugee Day 2017 With Ernesto Maranje
• Print - GoRiverwalk Magazine: Bringing Art Outside (feature story, pg. 38)
• Television - Good Morning America: Reasons to visit the Greater Fort Lauderdale area this winter
• Video - At Your Service with Noor Tagouri: This Artist Picked Up Painting & Hasn't Looked Back
For a more complete list of press, please visit maranje.com/news
Selected Gallery & Museum Exhibitions
• “Natura,” group show – Wyn 317 Art Gallery – Miami, FL (2023)
• "Agents of Change," temporary exhibition – Wynwood Walls – Miami, FL (2021)
• "Wynwood Walls Anniversary," group show – Goldman Global Arts Gallery – Miami, FL (2020)
• “Chrysalis,” solo show – Wyn 317 Art Gallery – Miami, FL (2019)
• "Refuge in Paint," temporary exhibition – Nader Art Museum – Miami, FL (2017)
• "Underground," group show – GraffitiStreet – Chichester, UK (2016)
For a more complete visual list of canvas work, please visit maranje.com/canvas-work
Education
Miami International University of Art & Design (2013 - 2015)
Online Portfolio
https://www.maranje.com/portfolio
hello@maranje.com | maranje.com | @ernestomaranje
Brief Statement: City of Dania Beach Parking Garage Wall Public Art Project
Dania Beach committee members,
My name is Ernesto Maranje, and I am a south Florida-based muralist and artist. I would love
the opportunity to paint a mural for the City Hall Parking Garage Wall.
I have painted close to 100 murals since I began in 2015. I’ve painted in states throughout the U.S. and
in many countries abroad, including Ukraine, Iraq, Jordan, Lebanon, Greece and Spain. I’ve also worked
on many public art projects with cities, arts and cultural divisions, non-profits and NGOs.
Public art has become one of my focuses. I’ve painted for public art projects across the country,
including towns like Green Bay, WI; Odessa, TX; Northampton, MA; Johnson City, TN; Fort Lee, NJ;
Portland, OR; Allentown, PA; Gainesville, FL; Fort Lauderdale, FL; North Miami, FL; and Ocala, FL.
My work typically incorporates flora and fauna, and I use these elements to tell a story. For instance, I
painted the mural Abuelita (shown below) with the Art in State Buildings program for the University of
Florida’s Institute of Hispanic-Latino Cultures, also known as “La Casita.” The mural features a
grandmother/”abuelita” working in her garden, where lots of different plants and animals live together.
The students and faculty told me about feeling at home at La Casita. Some people mentioned feeling like
they were at their abuela’s house. After the visit, each country was researched to find its national plant,
flower, bird, butterfly, and other sources of pride. A symbol was chosen to represent each country and
tell the students’ stories.
Abuelita (2021) Gainesville, FL
I painted the mural Reflections Through Flora (shown below) for City of Ocala’s Cultural Arts and
Sciences Division. The mural features lots of vibrant Florida wildlife: a Florida black bear, roseate
spoonbills, monarch butterflies, bald cypress trees and sabal palms. I worked with a local fabricator and
city horticulturist to install trellises and irrigation into the bear’s ears and muzzle to hold plants, turning
the mural into a piece of “living art.”
hello@maranje.com | maranje.com | @ernestomaranje
Reflections Through Flora (2020) Ocala, FL
I’d love the opportunity to reflect sentiments like these in a mural for Dania Beach. I use flora and fauna
to illustrate our connection to nature, to each other, to our history, and to portray diverse and complex
habitats. I’d use a similar theme for a mural at the City Hall Parking Garage Wall.
Thank you for your time and consideration!
Best,
Ernesto Maranje
hello@maranje.com | maranje.com | @ernestomaranje
Annotated Image List: City of Dania Beach Parking Garage Wall Public Art Project
1. Image number: 1
Title: “Reflections Through Flora”
Year: 2020
Medium: Spray paint and exterior latex paint on building façade
Size: 30’ x 70’
Location: Ocala, FL, USA (@ Brick City Center for the Arts)
Budget: $60k
Commissioning agency: The City of Ocala’s Cultural Arts and Sciences Division
Description: The mural features lots of vibrant Florida wildlife: a Florida black bear, roseate spoonbills, monarch
butterflies, bald cypress trees and sabal palm trees. Trellises and irrigation were installed to hold plants, making
the mural three -dimensional and turning this piece int o “living” art.
Learn more: https://www.maranje.com/projects/reflections -through-flora
Image thumbnail:
2. Image number: 2
Title: “Curiosity”
Year: 2021
Medium: Spray paint and exterior latex paint on building façade
Size: 20’ x 40’
Location: Miramar, FL, USA (@ Miramar Park Place)
Budget: $24k
Commissioning agency: Konover South
Description: The piece features Florida wildlife, namely a Florida panther and a zebra longwing butterfly. While
most often a predator, the panther is instead gazing curiously at the butterfly, which represents south Florida’s
residents and how we are curious and intrigued by the nature we see around us.
Le arn more: https://www.maranje.com/projects/miramar -park-place
Image thumbnail:
3. Image number: 3
Title: “Avian Odyssey”
Year: 2019
Medium: Spray paint and exterior latex paint on building façade
Size: 475’ x 1,000’
Location: Fort Lauderdale, FL, USA (@ Port Everglades)
Budget: $90k
Commissioning agency: Broward County Cultural Division
Description: The mural was painted 1,000 feet high on th e Harbormaster Tower of Port Everglades. It features
two bird species native to south Florida: the ruby -throated hummingbird and the American white ibis. The mural
hello@maranje.com | maranje.com | @ernestomaranje
was the 2021 winner of the NACo Achievement Award in Arts, Culture and Historic Preservation for Broward
County. It was also named Fort Lauderdale Magazine’s “Best Mural” of 2021.
Learn more: https://www.maranje.com/projects/port -everglades
Image thumbnail:
4. Image number: 4
Title: “Abuelita”
Year: 2021
Medium: Spray paint and exterior latex paint on building façade
Size: 20’ x 100’
Location: Gainesville, FL, USA (@ UF’s Institute of Hispanic-Latino Cultures)
Budget: $20k
Commissioning agency: The University of Florida / Art in State Buildings
Description: The mural was painted for the University of Florida's Institute of Hispanic -Latino Cultures. It
features an abuela/grandmother in her garden surrounded by plants and animals, which each represent a Latin
American or Hispanic country and in turn represent the students and faculty of IHLC.
Learn more: https://www.maranje.com/projects/abuelita
Image thumbnail:
5. Image number: 5
Title: “Native Song”
Year: 2019
Medium: Spray paint and exterior latex paint on building façade
Size: 30’ x 90’
Location: North Miami, FL, USA (@ Liberty Gardens Park)
Budget: $15k
Commissioning agency: The City of North Miami / Before It’s Too Late
Description: The mural depicts a delicate Florida ecosystem including two birds, an American goldfinch and a
summer tanager, along with various Florida butterflies, bees and flora. An augmented reality app, “Liberty
Gardens AR,” was also created to help the mural come to life and educate visitors.
Learn more: https://www.maranje.com/projects/native -song
Image thumbnail:
hello@maranje.com | maranje.com | @ernestomaranje
6. Image number: 6
Title: “Rebirth”
Year: 20
Medium: Spray paint and exterior latex paint on building façade
Size: 30’ x 40’
Location: Fort Lauderdale, FL, USA (@ FAU Fort Lauderdale)
Budget: $5k
Commissioning agency: Cirque du Soleil / Twenty6North Productions
Description: The mural was created for Cirque du Soleil’s 2020 show “Alegria.” It depicts one of the show’s
performers as a phoenix with beautifully detailed wings .
Learn more: https://www.maranje.com/projects/cirque -du-soleil-alegria
Image thumbnail:
7. Image number: 7
Title: “Serenity”
Year: 2016
Medium: Spray paint and exterior latex paint on building façade
Size: 175’ x 50’
Location: Kyiv, Ukraine
Budget: n/a, for non-profit
Commissioning agency: ArtUnitedUs / The City of Kyiv
Description: The 16-story mural was painted along with two others as a part of an arts revitali zation project with
ArtUnitedUs for the city of Kyiv after the conflicts of 2014. It features a robed woman, parrot, and various flora
and fauna.
Learn more: https://www.maranje.com/projects/artunitedus
Image thumbnail:
8. Image number: 8
Title: “The Rhino and the Oxpecker”
Year: 2017
Medium: Spray paint and exterior latex paint on building façade
Size: 50’ x 40’
Location: Beirut, Lebanon
Budget: n/a, for non-profit
Commissioning agency: aptART / The City of Beruit
hello@maranje.com | maranje.com | @ernestomaranje
Description: The mural was painted in Beirut, Lebanon with aptART, an NGO that works with youth and their
communities across the globe to create collaborative public art. Lebanon has dealt with hardships like civil war,
so the mural was painted to remind residents that they can all exist together in the same community, much like
the rhino and the oxpecker, which have a symbiotic relationship.
Learn more: https://www.maranje.com/projects/apt -art
Image thumbnail:
9. Image number: 9
Title: “Falcon”
Year: 2019
Medium: Spray paint and exterior latex paint on building façade
Size: 60’ x 50’
Location: Allentown, PA, USA (@ the Sovereign Building)
Budget: $20k
Commissioning agency: Dripped On Productions / City Center Allentown
Description: The mural features a large falcon and was painted on the 60-foot Sovereign building in Allentown,
Pennsylvania as a part of Downtown Allentown’s Artswalk project.
Learn more: https://www.maranje.com/projects/falcon
Image thumbnail:
10.Image number: 10
Title: “Renewed Vision”
Year: 2020
Medium: Spray paint and exterior latex paint on building façade
Size: 8’ x 100’
Location: Miami, FL, USA (@ FPL’s Wynwood battery storage building)
Budget: $25k
Commissioning agency: Goldman Global Arts / Florida Power & Light (FPL)
Description: The mural depicts Florida wildlife (a panther and a flamingo) gaining energy from the sun and solar
panels. The wall surrounds F lorida Power and Light’s battery storage facility in the Wynwood, Miami, Florida.
Learn more: https://www.maranje.com/projects/renewed -vision-fpl
Image thumbnail:
Dania Beach
Parking Garage Wall Public Art Project
RFQ 23-017
Applicants
Dan Bergeron
1a-1236 Pacific Street
Brooklyn, NY
11216
USA
(416) 561-6815
fauxreel@fauxreel.ca
www.fauxreel.ca
Gabriel Specter
1a-1236 Pacific Street
Brooklyn, NY
11216
USA
(347) 852-2072
specter@specterart.com
www.specterart.com
Contents
Interest In The Project ......................................... 3
Gabriel Specter CV ............................................... 4
Dan Bergeron CV ................................................. 6
Previous Work
01 Intertwined ....................................................... 8
02 Bow To Bluff .................................................... 9
03 On The Light Fantastic ................................... 10
04 Ascent of the Embryophyta ........................... 12
05 Are You Going, You Are Here ......................... 11
Annotated Image List .......................................... 13
Interest In The Project
We (Gabriel Specter & Dan Bergeron) are self-taught public artists who employ a range of styles, themes and materials to explore the meanings of our shared public spaces. Using various media - photography,
sculpture, installation, murals - we create works that are responsive to their historical, social and environmental context. Growing out of this context, our artworks aim to open a dialogue with viewers, offering new modes
of engagement for the communities who live with them, thus illuminating, enriching and building upon the meanings of the sites where we work. The Dania Beach Parking Garage’s need for public art that will draw its
theme from environmental stewardship, community history and Dania Beach’s sense of place resonates deeply with our previous experiences and goals as public artists and is at the heart of our interest in this project.
For this project we are interested in creating a mural that would combine exterior acrylic paint, glow in the dark exterior acrylic paint and possibly LED lighting. As the LED lighting and glow in the dark paint would
only be activated and visible at night, we would like to use these effects to create a mural within a mural, or two different murals depending on how you want to interpret the artwork. This approach would allow for the
mural to be visible both during the day and during the night and could easily work within the theme of environmental stewardship. For example, the two “different” murals could reveal the beneficial effects that the Erojacks
Artificial Reef has had on south Florida’s choral reefs and underwater environment.
Over the course of our careers we have worked extensively with community organizations and governmental agencies. For many of these projects we have been responsible for the creation of original designs,
community consultation, budget management, fabrication, installation of the final artworks and documentation. We have worked collaboratively with engineers, architects, fabricators, community groups and municipal
staff to produce these works, ensuring that the technical expertise of individuals are sought out and respected and that stakeholders thoughts and ideas are heard and included in the realization of the work. These
experiences, as well as our experiences producing site-specific artworks that create a welcoming visual identity for a space, make us ideal candidates to imagine a visually stimulating mural for the exterior of the Dania
Beach Parking Garage.
3
Gabriel Specter
1a-1236 Pacific Street Brooklyn, NY 11216 USA
• (347) 852-2072 • specter@specterart.com
PERMANENT PUBLIC ARTWORKS
2021 Transparent Geometry - Porcelain enamel process mural on aluminum
Location - Public School 746, Brooklyn, USA
Commissioning Body - NYC Percent for Art
Budget - $100,000
SELECTED MURALS / INSTALLATIONS / PROJECTS
2024 Intertwined - Mural on a 26-storey building, with Dan Bergeron
Location - Toronto, ON, Canada
Commissioning Body - StART Toronto
Budget - $150,000
2022 Bow To Bluff - Multi-location mural project, with Dan Bergeron
Location - Calgary, AB, Canada
Commissioning Body - City of Calgary
Budget - $153,000
In The Shadow of the Cut - Multi-location mural project, with Dan Bergeron
Location - Hamilton, ON, Canada
Commissioning Body - City of Hamilton
Budget - $21,000
2021 On The Light Fantastic - Mural on Alumanate Panels, with Dan Bergeron
Location - Guelph, ON, Canada
Commissioning Body - City of Guelph
Budget - $25,000
2018 Landscraped Infrastructure - Two adjoining murals on an underpass with Dan Bergeron
Location - Scarborough, Canada
Commissioning Body - StART Toronto
Budget - $75,000
2017 Ascent of the Embryophyta - Three high-rise murals with Dan Bergeron
Location - Scarborough, Canada
Commissioning Body - Friends of the Pan Am Path / Street Art Toronto
Budget - $105,000
Beacon - Two adjoining murals with Dan Bergeron
Location - Toronto, Canada
Commissioning Body - Duke Heights B.I.A.
Budget - $50,000
Accord - Two adjoining murals with Dan Bergeron
Location - Ottawa, Canada
Commissioning Body - City of Ottawa
Budget - $45,000
2015 In Hazel’s Eye - Mural with Dan Bergeron
Location - Cruickshank Park, Toronto, Canada
Commissioning Body - Friends of the Pan Am Path
Budget - $55,000
2014 Tree of Life - Mural
Location - Ensenada, Mexico
Commissioning Body - Infonavit, Fundacion Hogares
Budget - $40,000
Support - Mural
Location - Azores, Portugal
Commissioning Body - Walk and Talk Art Festival
Budget - $30,000
Native - Mural
Location - Bishkek, Kyrgyzstan
Commissioning Body - U.S. Embassy Bishkek
Budget - $45,000
Draped - Mural
Location - Besançon, France
Commissioning Body - Association Juste Ici
Budget -$25,000
Structures - Series of three murals
Location - Sheboygan, Wisconsin, USA
Commissioning Body - John Michael Kohler Art Center
Budget - $63,000
L.A. Woman - Mural
Location - Los Angeles, USA
Commissioning Body - Apple Computer
Budget - $80,000
Never Ends - Mixed media Architectural Installation
Location - New Town Plaza, Hong Kong, China
Commissioning Body - New Town Plaza
Budget - $145,000
2013 Colorful Women - Mural installation
Location - Prada Headquarters, Milan, Italy
Commissioning Body - Prada
Budget - $175,000
2012 Brooklyn Windows - Mural installation
Location - McCarren Pool, Brooklyn, USA
Commissioning Body - McCarren Hotel & Pool
Budget - $65,000
Community Portrait - Mural installation
Location - J.C.C., New York, USA
Commissioning Body - Laurie M. Tisch
Budget - $20,000
2010 Gentrification Billboards - Billboard Installations
Location - Brooklyn, USA
Commissioning Body - Museum of Contemporary African Diaspora Art
Budget - $17,000
4
2009 A Collection of Local Memories - Sculptural Mural Installation
Location - Brooklyn, USA
Commissioning Body - Department of Transportation NYC
Budget - $32,000
Scrap Condo - Mural Installation
Location - Royal Ontario Museum, Toronto, Canada
Commissioning Body - Royal Ontario Museum
Budget - $22,000
GRANTS & AWARDS
2013 US Department of State - Public Art Project Grant, Vladivostok, Russia
CEC Arts Link - Public Art Project Grant, Tashkent, Uzbekistan
2011 CEC Arts Link - Public Art Project Grant, Dushanbe, Tajikistan
2010 CEC Arts Link - Public Art Project Grant, Kemerovo, Russia
2008 Canada Council For The Arts - International Residency Grant
SELECTED MEDIA
2014 Elizabeth Greenspan, “The New Must-Have For Luxury Buildings: Graffiti” The New Yorker, May 2nd
Katie Couric/ Giampaolo Sigura, “True Colors” Instyle Magazine, February Issue
2013 Megan Buerger, “Graffiti in the Living Room” Wall Street Journal, November 27th
Cathy Horyn, “Prada: Working Girl” New York Times, September 19th
2011 Melina Gazsi, “Paris Brooklyn” Le Monde, July 15th
Rebecca Dalzell, “The New Street Art Class” Time Out New York, February 22nd
Carolina A. Miranda, “The New Shape of Street Art,” ARTnews, January Issue
2010 Steven Harrington and Jaime Rojo, “Specter spot-jocks Shepard Fairey” The Huffington Post, Sept 11th
Meredith Deliso, “Got Gentrification?” The Brooklyn Paper, January 29th
Elizabeth Lazarowitz, “Psst! Gentrification” New York Daily News, January 12th
2009 Jacquelyn Lewis, “Temporary Art With a Permanent Goal” ARTINFO, September 30th
Helen Klein, “Public Installation Evokes Flatbush Bygone Days” New York Post, September 25th
SOLO EXHIBITIONS
2020 Refresh, IRL NYC, Brooklyn, USA
2012 Things Change Again, Little Big Galerie, Paris, France
Community Portrait, Laurie M. Tisch Gallery, New York, USA
2011 Things Change, Since/Upain Galley, Paris, France
Repeat Offender, Pawn Works, Chicago, USA
2010 Human Fabric, Pure Evil Gallery, London, England
Make It Fit, Brooklynite Gallery, Brooklyn, USA
GROUP EXHIBITIONS
2014 Project Space Retrospective, Woodward Gallery, New York, USA
2013 The Future Is Now, Melissa McCraig-Welles, New York, USA
From The Street Up, Woodward Gallery, New York, USA
From The City To The Word, New Art Center, Newton, Massachusettes, USA
2012 Intersections, Laurie M. Tisch Illumination Fund, New York, USA
2011 Underbelly Project, Opera Gallery, Miami, USA
Street Art Saved My Life, C.A.V.E Gallery, Los Angles, USA
Crown Height Gold, Skylight Gallery, Brooklyn, USA
Collective, Since/Upain Gallery, Paris, France
2010 Re:Form School, Redu, New York, USA
Gentrification of Brooklyn, MOCADA, Brooklyn, USA
2009 Go Get Your Shine Box, Brooklynite Gallery, Brooklyn, USA
2008 400ml, La Maison De Metallos, Paris, France
Picture Parlor, ISCP, Brooklyn, USA 5
Dan Bergeron
1a-1236 Pacific Street Brooklyn, NY 11216 USA
• (416) 561-6815 • fauxreel@fauxreel.ca
PERMANENT PUBLIC ARTWORKS
2023 Where the Water Flows - Interactive pavement painting
Location - Toronto, ON, Canada
Commissioning Body - Toronto District School Board
Budget - $50,000
2020 Support - Ceramic Frit in exterior glazing
Location - Centre of Addiction and Mental Health - Toronto, ON, Canada
Commissioning Body - CAMH
Budget - $110,000
2018 We Three - Integrated functional playground sculpture
Location - Capstan Village - Richmond, BC, Canada
Commissioning Body - Pinnacle International
Budget - $115,000
2015 Faces of Regent Park - Mixed-media portraits in Dupont SGX Expressions Glass Panels
Location - Regent Park, Toronto, ON, Canada
Commissioning Body - City of Toronto
Budget - $280,000
2014 Tai Chi Tiles - Tile-based portraits
Location - Toronto, ON, Canada
Commissioning Body - Whippersnapper / StART Toronto
Budget - $42,000
SELECTED MURALS / INSTALLATIONS / PROJECTS
2024 Intertwined - Mural on a 26-storey building, with Gabriel Specter
Location - Toronto, ON, Canada
Commissioning Body - StART Toronto
Budget - $150,000
2022 Bow To Bluff - Multi-location mural project at 8 sites, with Gabriel Specter
Location - Calgary, AB, Canada
Commissioning Body - City of Calgary
Budget - $153,000
In The Shadow of the Cut - Multi-location mural project, with Gabriel Specter
Location - Hamilton, ON, Canada
Commissioning Body - City of Hamilton
Budget - $21,000
2021 On The Light Fantastic - Mural on Alumanate panels, with Gabriel Specter
Location - Guelph, ON, Canada
Commissioning Body - City of Guelph
Budget - $18,000
2020 A Common Thread - Painted Concrete Benches
Location - Toronto, ON, Canada
Commissioning Body - Oakwood Village BIA
Budget - $5,000
2019 Reborn - Sculptural outdoor seating using upcycled vinyl banners
Location - Mississauga, ON, Canada
Commissioning Body - City of Mississauga
Budget - $20,000
2018 Landscraped Infrastructure - 2 murals on both sides of an underpass, with Gabriel Specter
Location - Scarborough, ON, Canada
Commissioning Body - StART Toronto
Budget - $75,000
Portrait of M - Photo-based portrait installation on vinyl banners
Location - Mississauga, ON, Canada
Commissioning Body - City of Mississauga
Budget - $65,000
2017 Ascent of the Embryophyta - 3 x 13 storey high murals, with Gabriel Specter
Location - Scarborough, ON, Canada
Commissioning Body - Friends of the Pan Am Path / StART Toronto
Budget - $105,000
Accord - 2 murals on both sides of an underpass, with Gabriel Specter
Location - Ottawa, ON, Canada
Commissioning Body - City of Ottawa
Budget - $45,200
2016 Are You Going, You Are Here - 2 adjoining murals
Location - Calgary, AB, Canada
Commissioning Body - Calgary Painted City
Budget - $73,500
Colliding Planes - Sculptural skateboard obstacle
Location - Toronto, ON, Canada
Commissioning Body - Converse
Budget - $25,000
2015 Everything That Rises - Mural with Ryan Dineen
Location - Toronto, ON, Canada
Commissioning Body - The Public Realm Art Organization / StART Toronto
Budget - $35,000
///re-ply\\\ Phase 2 - Contemporary Sukkah
Location - Nathan Phillips Square, Toronto, ON, Canada
Commissioning Body - Kehilla Residential Programme / Koffler Gallery
Budget - $25,000
In Hazel’s Eye - Mural with Gabriel Specter
Location - Cruickshank Park, Toronto, ON, Canada
Commissioning Body - Friends of the Pan Am Path
Budget - $55,000
2014 Flood Lines - Mural with Paul Aloisi
Location - Evergreen Brickworks, Toronto, ON, Canada
Commissioning Body - Evergreen Brickworks / StART Toronto
Budget - $15,000
2012 ///re-ply\\\ - Sculptural installations using reclaimed condo sandwich boards
Location - Toronto, ON, Canada
Commissioning Body - Luminato
Budget - $35,000 6
Underground Kiln - Architectural ground painting with Paul Aloisi
Location - Evergreen Brickworks, Toronto, ON, Canada
Commissioning Body - Evergreen, StART Toronto
Budget - $45,000
ARTIST IN RESIDENCE
2016 1 in 4 - Osgoode Hall At York University - Toronto, ON, Canada
2012 ///re-ply\\\ - Luminato - Toronto, ON, Canada
GRANTS & AWARDS
2023 Newcomer & Refugee Artist Mentorship - Toronto Arts Council
2019 Chalmers Arts Fellowship - Ontario Arts Council
2018 Visual Artists Creation Projects - Ontario Arts Council
2014 Artists In Education Grant - Ontario Arts Council
2013 Artistes visuels et des metiers d’art - Ontario Arts Council
Visual Artists: Level Two Project Grant - Toronto Arts Council
Artists In Education Grant - Ontario Arts Council
2012 Travel Grants Visual Arts - Canada Council for the Arts
Chalmers Arts Fellowship - Ontario Arts Council
2011 Travel Grants Visual Arts - Canada Council for the Arts
Artistes visuels et des metiers d’art - Ontario Arts Council
Artists In Education Grant - Ontario Arts Council
2010 Emerging Artist Project Grant - Ontario Arts Council
Level Two Project Grant - Toronto Arts Council
Exhibition Assistance Grant - Ontario Arts Council
2009 Exhibition Assistance Grant - Ontario Arts Council
2008 Emerging Artist Project Grant - Ontario Arts Council
Level Two Project Grant - Toronto Arts Council
2006 Best Portrait Series - Applied Arts Photography & Illustration Annual
WORKSHOPS
2016 - present TDSB - TDSB Creates - Toronto, ON, Canada
2016 Judith & Norman Alix Art Gallery - RAAW Mural Madness - Sarnia, ON, Canada
2015 Facing History - Image As Catalyst - Toronto, ON, Canada
2014 Lakeshore Collegiate Institute - Street Art Portraits - Toronto, ON, Canada
2012 Luminato - ///re-ply\\\ - Toronto, ON, Canada
2011 Artspace - This Is Not A Stick Up - Peterborough, ON, Canada
2008 Art Gallery of Ontario - Transformation Portraiture - Toronto, ON, Canada
Luminato - Wheatpasting Portraits - Toronto, ON, Canada
SELECTED PUBLICATIONS
2021 6 histoires pour la planète, Humensis, France
2018 Street Art: Famous Artists Talk About Their Vision, Alessandra Mattanza, White Star Publishers, Italy
2017 Regent Park Redux: Reinventing Public Housing In Canada, Routledge, Canada
2015 Reclaiming Canadian Bodies:, Wilfrid Laurier University Press, Canada
2013 Oversize, Victionary Publishers, Hong Kong
New Street Art, Claude Crommelin, Vivays Publishing, United Kingdom
Mardigras, Julio César Pol, Isla Negra Editores, Peurto Rico
2011 Poiesis. Volume 13. The Head Of Orpheus, EGS Press, Canada
Art Works, Canadian High School Art Textbook, Emond Montgomery Publications, Canada
Graffiti and Urban Art - Pieces, Tags, Stencils and Stickers, Frechmann Kolón GMBH, Germany
1000 Ideas For Graffiti and Street Art, Christian Campos, Rockport, USA
2010 One Hour Empire #3, Impulse [B:] & Museum of Contemporary Canadian Art, Canada
Trespass: Uncommissioned Public Art, Wooster Collective, Taschen, Germany
Street Art New York, Jaime Rojo & Steven P. Harrington, Prestel, USA 7
2009 London Street Art Anthology, Alex MacNaughton, Prestel, England
Flash Forward 2009, Magenta Foundation, Canada
A City Renewal Project, Specter & Fauxreel, Canada
2008 Brooklyn Street Art, Jaime Rojo & Steven P. Harrington, Prestel, USA
2006 NYC BCN street art revolution, Louis Bou, HarperCollins, USA
01 Intertwined (2024)
8
02 Bow To Bluff (2022)
9
03 On The Light Fantastic (2021)
10
11
05 Ascent of the Embryophyta (2017)
12
07 Are You Going, You Are Here (2016)
01 Intertwined (2024)
Dimensions - 234’ High x 47” Wide
Location - Toronto, ON, Canada
Materials - Exterior Acrylic
Budget - $150,000
Commissioned By - City of Toronto, StART
Intertwined uses abstract imagery to connect the mural to the community it serves. Situated on the northern tip of Toronto’s gay village, the residential tower houses many individuals who identity as LGBTIQA+. During our community
consultation the overwhelming feedback that we received from the building’s residents directed us to paint a, “…monumental work that accentuates the building’s shape and that creates awareness for an equal and just society for all.”
02 Bow To Bluff (2022)
Dimensions - Variable
Location - Calgary, AB, Canada
Materials - Exterior Acrylic
Budget - $153,000
Commissioned By - City of Calgary
The Bow To Bluff mural project, an undertaking that saw eight murals painted between Sunnyside Skatepark and the Sunnyside LRT station in Calgary, placed a focus on the site’s history and its connection to the indigenous people of the
Blackfoot nation. Two of the murals were painted at the Sunnyside Skatepark (upper left & upper right) and depict local skaters in the midst of skateboarding, while the other six murals were painted on fencing between the skatepark and LRT
station and depict imagery related to the Blackfoot nation and their use of the land (bottom left & bottom right). We photographed local skaters to create the designs for the murals at the skatepark, and we worked closely with an indigenous
knowledge keeper to develop our concepts and designs for the other six works.
03 On The Light Fantastic (2021)
Dimensions - 16’ Wide x 24’ High
Location - Guelph, ON, Canada
Materials - Exterior Acrylic
Budget - $25,000
Commissioned By - City of Guelph
On The Light Fantastic mixes the movement and grace of contemporary dance with the power and movement of water, connecting the mural to the programming at the River Run Centre for The Arts and the rushing waters of the Speed
River, both located across the street from the mural site. To create the artwork, we shot photos of local dancers and used these images to create the silhouettes of dancers that are found in the mural.
04 Ascent of the Embryophyta (2017)
Dimensions - Each wall is 12’ Wide x 125’ High
Location - Scarborough, ON, Canada
Materials - Exterior Acrylic, Spray Paint
Budget - $105,000
Commissioned By - Friends of the Pan Am Path, StART
Ascent of the Embryophyta was painted as part of a large-scale, green energy renovation on high-rise towers in Toronto. Using imagery from the landscape in the adjacent ravine, the murals connect the natural world to the buildings and to
the people living in them, signifying the greening of the energy grid, while beautifying the area and evoking the ideas of community growth through organic growth.
05 Are You Going, You Are Here (2016)
Dimensions - Each Wall is 152’ Wide x 11’ High
Location - Calgary, AB, Canada
Materials - Exterior Acrylic, Spray Paint
Budget - $73,500
Commissioned By - City of Calgary Painted City Program, City of Calgary Transportation
This mural was painted as part of a major public realm redesign along Calgary’s busiest pedestrian corridor, connecting the city’s LRT system at Chinook Station to the Chinook Centre, Calgary’s largest mall. The abstract imagery depicts
the wandering mind of a resident’s trip on transit and then into the mall. 13
AARON T STEPHAN
WWW.AARONTSTEPHAN.COM
142 PEARL STREET - PORTLAND ME 04101
AARONTSTEPHAN@GMAIL.COM - 207 409 4690
Commissions
2023 Expansive Field, Seattle, WA
2022 Woven Lines, Altoona, IA
Unfolding Lights, GLX Lowell Street Station, Somerville, MA
2021 Paths Rising, Tampa International Airport, Tampa, FL
Luminous Bound, Montana RTS Far East Transfer Center, El Paso, TX
2020 Luminous Remembrance, Lubbock Tornado Memorial, Lubbock, TX
2019 Luminous Arbor, City of Portland, Portland, ME
2018 Paths Woven, San Diego International Airport, San Diego, CA
2016 Gold Pour, RTD Gold Strike Station, Arvada CO
Point of View, Salt Palace Convention Center, Salt Lake City, UT
2015 Variations, Texas Tech University, Lubbock TX
Accumulate, Clearwater Fire Station 45, Clearwater, FL
2014 Downpour, Southern New Hampshire University, Manchester NH
2013 Paths Crossed, Wishard Hospital, Indianapolis, IN
Composition, Music City Center, Nashville, TN
2012 Illuminations, WG Mallett Elementary School, Farmington ME
Becoming, Hampden Academy, Hampden ME
2011 Paths Open, Jefferson Village School, Jefferson, ME
2010 Return, Westbrook Middle School, Westbrook ME
2009 Intersect, U.S. Jackman Border Crossing Facility, Jackman ME
2007 Sphere, SeDoMoCha Elementary School, Dover-Foxcroft ME
Situate, Farwell Elementary School, Lewiston, ME
2006 Dig, Biddeford Middle School, Biddeford ME
2005 Lift, University of Southern Maine Community Education Center, Portland ME
Solo Exhibitions
2023 Block Field, Thompsons Point, Portland, ME
2021 Untitled Monuments, Dowling Walsh Gallery, Rockland, ME
2019 Intermediate Submittal, Dowling Walsh Gallery, Rockland, ME
2017 Cement Houses and How to Build Them, Locust Projects, Miami FL
Flat World & 30 Columns, Shelburne Museum, Shelburne, VT
2016 Book/House, Quint Contemporary Art, La Jolla CA
2014 To Borrow, Cut, Copy and Steal, Portland Museum of Art, Portland ME
Aaron T Stephan, McIninch Art Gallery, Manchester, NH
2013 Second-Hand Utopias, DeCordova Sculpture Park and Museum, Lincoln MA
Art Handling, Samsøn, Boston MA
Paths, Coleman Burke Gallery, Brunswick ME
2012 Aggressive Uninterest, Aucocisco Gallery, Portland ME
2011 Corporeal, Aucocisco Gallery, Portland ME
2009 Taken Out of Context, Whitney Artworks, Portland ME
Vessels Absent, University of Maine Museum of Art, Bangor ME
2008 Building Houses/Hiding Under Rocks, Quint Contemporary Art, La Jolla CA
2007 The Problem with Ladders, Whitney Artworks, Portland ME
2006 Response, Gallery at Solomon Falls, Sol. Falls NH
2005 Full of Theses, Whitney Artworks, Portland ME
2004 Obvious in Repair, Northwestern Connecticut Community College, Hartford CN
2003 Weighing My Options, Space, Portland ME
Group Exhibitions
2023 Farnsworth at 75, Farnsworth Art Museum, Rockland, ME
Techno-Lithic, Arringo del Duomo, Barga, IT
2022 The View from Here, Center for Maine Contemporary Art, Rockland, ME
7 Artists, 7 Stations, FPAC Gallery, Boston , MA
2021 Rock Row: Inside and Outside the Box, Rock Row, Westbrook, ME
Simple Twist, Center for Maine Contemporary Art, Rockland, ME
2020 Cyanotypes, Cove Street Arts, Portland, ME
Tokens of Appreciation, John Michael Kohler Art Center, Sheboygan WI
2019 10,000 Hours +, Speedwell Projects, Portland, ME
2018 Land-Sc(r)aping, Living Arts, Tulsa, OK
2017 NADA Miami, w/ Locust Projects, Miami, FL
Materiality, Center for Maine Contemporary Art, Rockland, ME
Construct, Dowling Walsh Gallery, Rockland, ME
The Apartment, Space, Portland ME
2015 Pulse NY Art Fair, with Sienna Gallery, New York, NY
Me, Mona and Mao, Portland Museum of Art, Portland, ME
2014 Untitled Art Fair, with Samsøn, Miami, FL
Self, Engine, Biddeford ME
2012 CMCA Biennial Exhibition, Center for Maine Contemporary Art, Rockport ME
Covet, Sienna Gallery, Lennox, MA
Portes, Mytilene Public Gallery, Mytilene, Greece
2011 Seeing Is Knowing, Weitz Center at Carlton College, Northfield, MN
Meredyth and Meg Go 3d, Gallery Naga, Boston MA
Above and Below The Line, Pace Galleries at Fryeburg Academy, Fryeburg, ME
2010 4 In Maine, Farnsworth Art Museum, Rockland ME
The Imaged Word, Albany Airport Gallery, Albany, NY
The Arch. of Environmental Landscapes, University of New England, Westbrook ME
2009 Three Decades of Contemporary Art, California Center for the Arts, Escondido CA
Collage: Piecing It Together, Portland Museum of Art, Portland, ME
Aggregate, Institute of Contemporary Art, Portland ME
Just Look at Yourself, Center for Maine Contemporary Art, Rockport ME
2008 The Moment at Hand, John Michael Kohler Art Center, Sheboygan WI
Aggregate, Troy Arts Center, Troy NY
2007 Tiny, Whitney Artworks, Portland ME
Intervals, Fort Andross, Brunswick ME
The Marriage of True Minds, University of New England, Westbrook ME
Reverence and Reference, Gallery at Solomon Falls, Sol. Falls NH
2006 Time, Filament Gallery, Portland ME
Skowhegan At 60, Center for Maine Contemporary Art, Rockport ME
2004 Home, DUMBO Art Center, Brooklyn NY
The Persistence of Becoming, Nave Gallery, Somerville MA
3DX4, Icon Gallery, Brunswick ME
CMCA Biennial Exhibition, Center for Maine Contemporary Art, Rockport ME
Education & Residencies
Kohler Artist-in-Residence, Sheboygan WI 2008
Yaddo, Saratoga Springs NY 2005
Skowhegan School of Painting and Sculpture, Skowhegan ME 2002
MFA, Maine College of Art, Portland ME 2002
BFA in sculpture, (SUNY) Purchase College, Purchase NY 1996
Post Baccalaureate studies, State University of New York at New Paltz NY 1999
Undergraduate study, Hogenschool Vor Kunsten, Amsterdam, Netherlands 1994 – 1995
Bibliography
“Techno-Lithic Exhibition of Marble Sculptures, Barga News, 2023
Daniel Cassadt “Dealer Claire Oliver to Bring Art…” ARTnews 2022
“Artist Says Metal Knot reflects Altoona…” Times Republican, August 2022
Chris Higgins, “First Look at Newest Public Art…” Des Moines Register, July 2022
Lily DeTaeye, “Swirling Guardrails Accent Altoona’s…” Little Village, July 2022
Paul Koenig “The Portland Artist Creating Dialogue with Everyday Objects” Maine Magazine, Aug 2021
Natasha Gural “Aaron T Stephan’s Colossal Sculpture and Intricate Cyanotypes…” Forbes, May 2021
Anna Mazurek, “4 Art Road Trips to Take This Fall” Washington Post, Oct 2020
Natasha Gural “Beauty in Seclusion” Portland Monthly, June 2020
Stacey Kors “Art Q&A: Sculptors Aaron Stephan & Lauren Fenster…” Portland Press Herald, May 2020
Bob Keyes, “Artist Hopes Lighted Sculpture…” Maine Sunday Telegram, June 2019
“20th Anniversary Retrospective” Locust Projects, Dec 2018
“Luminous Arbor Lights Up…” Portland Press Herald, November 2018
David Harry, “Light the Lamps…” The Forcaster, November 2018
“Monumental Sculpture Installed…” ArtDaily, Aug 2018
Rob Caldwell, “Creating Art Out of Ladders” 207 News Center Maine, April 2018
Bob Keyes, “Sculptor’s Pieces Says…” Portland Press Herald, March 2018
Anne Tschida, “Bricks and Butterflies”, Miami Biscayne Times, Oct 2017
Claire Barliant, “Public Art Starts the Conversation”, Art New England, Jan 2017
Featured, “Knowledge”, Capitel Magazine, Jan 2017
Taryn Plumb, “Inventive and Inspired”, Artscope, Nov 2016
Ashley Stilson, “Near or Far: New Salt Lake Art Piece…” Deseret News, Aug 2016
Bob Keyes, “Me, Mona, and Mao…” Maine Today, November 2015
Christopher Papagni, “Dining Art: Inside, Outside, Above, Below…” The Portland Phoenix, October 2015
Jamie Thompson, “Aaron Stephan Laughs with Us”, Artscope, November 2014
Mariah Bergeron, “Critique the Hand that Feeds You”, The Portland Phoenix, October 2014
NPR/MPBN, “A Portland Sculpture Talks Art on Sex Lines”, Sept 2014
Bob Keyes, “Stephan Encourages Visitors to Think Outside…”, Maine Sunday Telegram, Sept 2014
Diane Georgopulos, “At Issue: Reading Rooms”, Architecture Boston, Summer 2014
Laura Landro, “More Hospitals Buy into the Healing Powers of Public Art”, Wall Street Journal, Aug 2014
Mariah Berger, “The Existential Artist”, The Portland Phoenix, June 2014
“Unconventional: Nashville’s Music City Center”, Jan. 2014
Cate McQuaid, “Images that echo through time and spaces” Boston Globe, September 2013
Cate McQuaid, “Platforms for amusement” Boston Globe, August 2013
NYArts Magazine, “Art and Ageism: The Decisive Eye of Fellow Artists”, June 2013
Daniel Kany, “Follow Stephan’s Maze of Paths”, Maine Sunday Telegram, April 2013
Daniel Kany, “Flirting with a New form of Conceptual Art”, Maine Sunday Telegram, October 2012
Nicholas Schroeder “Meeting ‘Strangers’…” The Portland Phoenix, May 2012
Eric Moskowitz, “Contest Aims to Move Cambridge…”, Boston Sunday Globe, Feb. 2012
“Recent Projects”, Public Art Review, Spring 2011
Nicholas Schroeder “Two Artist Show at Aucocisco Explores…” The Portland Phoenix, September 2011
Cate McQuaid, “A Compelling Look…”, Boston Globe, Jan. 2011
Bob Keyes, “New on the Scene”, Portland Press Herald, Jan. 2011
Tom Keyser, “Word Play”, Albany Times Union, August 2010
Jordan Reardon, “Visualizing the ‘Word’”, The Albany Post-Star, August 2010
Nadine Wasserman, “Picture Books”, Albany Metroland, August 2010
Edgar Allen Beem, “Art on the Edge”, Down East Magazine, August 2010
Bob Keyes, “Sculptor Goes Diving..”, Portland Press Herald, March 2010
Jamie Thompson, “Collective Consciousness” Portland Press Herald, Oct 2009
Edgar Allen Beem, “Art as Installation and Performance”, Yankee Magazine, Dec 2009
Daniel Kany, “Sparks, Sputters and Sparkles at MECA”, Maine Sunday Telegram, Oct 2009
Jessica Bloch, “Crate Expectations”, Bangor Daily News, April 2009
Robert L. Pincus, “Aaron T Stephan Builds A House of Books”, San Diego Union-Tribune, January 2008
Aug 11, 2023
Dear Committee,
It is my pleasure to submit the attached materials in response to the City of Dania Beach Parking
Garage Wall Public Art Project RFQ. I create site responsive art commissions throughout the United States
including over 20 successful permanent large-scale artworks in as many years. In addition to this, I maintain
an active career creating work for museum and gallery exhibitions throughout the world. I find that both
practices benefit from the cross pollination of diverse ideas and methods.
Each of my public artworks are developed in direct response to the specific site. This requires an in-
depth exploration of the physical site, its history, and the people that use it day-to-day. Each project is developed
in conjunction with community conversations, meeting, and discussions throughout the process. This results in an
artwork whose very materials, and concepts are fully integrated into the surrounding community. With this
approach, I have created wide range of public works including: a life-sized orchestra reconstructed as a plastic
parts grid, a series of gestural streetlights, and a suspended arrangement of gracefully curved ladders
reminiscent of DNA.
I am interested in the place-making aspects of the Dania Beach project. If selected, I will use my
project Point of View at the Salt Palace Convention Center as a reference point to address the site. Point of
View is made from hundreds of custom road signs. In their entirety, the signs present a beautiful and
undulating texture while featuring text that reflects the surrounding community. For The Dania Beach
Parking Garage Project, I will create a 3 dimensional work mounted on the wall out of custom street signs
interjecting color, shapes, and text that address the local community and respond to the immediate
environment.
I have the demonstrated ability to complete a memorable and engaging artwork within the given
budget and timeline. I have extensive experience working with design teams, engineers, and architect to
develop fully integrated project. These interactions have been a vital part of every project and I look forward
to the opportunity to do the same at The Dania Beach Parking Garage.
regards,
Aaron T Stephan
AARON T STEPHAN
WWW.AARONTSTEPHAN.COM
142 PEARL STREET - PORTLAND ME 04101
AARONTSTEPHAN@GMAIL.COM - 207 409 4690
Image List
01 Point of View
Steel and aluminum road signs
8x12x75 ft.
2016
$150,000.00
Permanent installation at Salt Palace Convention Center,
Salt Lake City, Utah
Commissioned by Salt Lake County
Point of View is comprised of 150 standard road signs. As a whole, they create a
large logo defining your location with the ubiquitous “You Are Here”. Moving to
one side or the other prompts this larger logo to disintegrate while each individual
sign reveals a secondary text describing a series of decisions or ideas. In this way,
the work stands as a powerfully recognizable icon for the city while presenting a set
of intimate experiences for individual viewers who wish to explore the work
farther.
02 Composition
Painted aluminum and plastic
2x20x60 ft.
2013
$190,000.00
Permanent installation at Music City Center, Nashville, TN
Commissioned by the City of Nashville
Composition is inspired by the small plastic parts trees often found in model car kits.
This one contains a full sized orchestra with over 100 instruments. Nashville’s
history reveals that it is not necessarily local musical talent that made the city a
music center. It simply had the venues, the tools, and the smarts to draw talent to
Nashville and allow creativity to grow. I came to think of the parts tree as a
metaphor for Nashville’s place as a blank slate for musicians to realize their
potential.
AARON T STEPHAN
WWW.AARONTSTEPHAN.COM
142 PEARL STREET - PORTLAND ME 04101
A ARONTSTEPHAN@GMAIL.COM - 207 409 4690
03 Luminous Remembrance
Aluminum and led fixtures
Each cluster aprox. 10x10x30 ft.
2019
$150,000.00
Permanent installation for the City of Lubbock, TX
Commissioned by Lewis Const.
Luminous Remembrance consists of a series standard light fixtures clustered in
dynamic groups. The poles have abandoned their static vertical position to express
a wide range of relationships - each with its own character of expression ranging
from optimism and exploration while others suggest introspection and calm.
04 Gold Pour
glass & gold tiles on aluminum
1x4x150 ft.
2016
$150,000.00
Permanent installation at RTD Gold Strike Station, Arvada, Colorado
Commissioned by the City of Denver
In Gold Pour, a seeming overflow of gold rushes down the wall of the entire length
of the train platform. This monumental pour is composed of thousands of small
glass and gold mosaic tiles. The work brings together local gold prospecting of the
nineteenth century and the rejuvenation of the area brought by Gold Strike Station.
05 Paths Rising
Basswood, composition gold leaf, aluminum
28 ft. dia.
2021
$450,000.00
Permanent installation at Tampa International Airport,
Tampa, Florida
Commissioned by Tampa International Airport
Paths Rising adapts the ladder to evoke the many individual paths that converge at
Tampa International Airport. The work represents a shared moment between travelers
- each with an individual journey - gathered together for a fleeting moment as they
enter and depart the city.