HomeMy WebLinkAbout2023-09-26 Regular City Commission Meeting Agenda PacketAGENDA
DANIA BEACH CITY COMMISSION
REGULAR MEETING
TUESDAY, SEPTEMBER 26, 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. Feeding South Florida - Sponsored by Commissioner James
2. Presentation by Public Art Advisory Board Chair, Kelly Sharaby
4. PROCLAMATIONS
Agenda – Dania Beach City Commission
Tuesday, September 26, 2023 - 7:00 PM
Page 2 of 6
1. Hunger Action Month - Sponsored by Vice Mayor Lewellen
2. Childhood Cancer Awareness Month - Sponsored by Commissioner Davis
3. Hispanic Heritage Month - Sponsored by Mayor Ryan
5. ADMINISTRATIVE REPORTS
1. City Manager
2. City Attorney
3. City Clerk - Reminders
- October 10, 2023 at 5:30 p.m. - CRA Board Meeting
- October 10, 2023 at 7:00 p.m. - City Commission Meeting
- October 24, 2023 at 7:00 p.m. - City Commission Meeting
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 13, 2023 Regular City Commission Meeting Minutes
2. Travel Requests: None.
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)
4. RESOLUTION NO. 2023-______
Agenda – Dania Beach City Commission
Tuesday, September 26, 2023 - 7:00 PM
Page 3 of 6
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)
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)
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)
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)
8. RESOLUTION NO. 2023-______
Agenda – Dania Beach City Commission
Tuesday, September 26, 2023 - 7:00 PM
Page 4 of 6
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)
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)
9. BIDS AND REQUESTS FOR PROPOSALS
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)
2. 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-
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)
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, 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
Agenda – Dania Beach City Commission
Tuesday, September 26, 2023 - 7:00 PM
Page 5 of 6
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) 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-
Agenda – Dania Beach City Commission
Tuesday, September 26, 2023 - 7:00 PM
Page 6 of 6
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)
12. SECOND READING ORDINANCES - None.
13. DISCUSSION AND POSSIBLE ACTION
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)
14. APPOINTMENTS
15. COMMISSION COMMENTS
1. Commissioner Davis
2. Commissioner James
3. Commissioner Salvino
4. Vice-Mayor Lewellen
5. Mayor Ryan
16. ADJOURNMENT
WHEREAS, September is Hunger Action Month, an initiative created by Feeding America to help raise awareness
about the issue of hunger in the United States and in local communities; and
WHEREAS, since 1981, Feeding South Florida has worked to end hunger in the City of Dania Beach by providing
our community in need with immediate access to nutritious food; and
WHEREAS, hunger does not discriminate. It knows no race, religion, or age and addressing the food insecurity
needs of children, youth, men, women, seniors, active military, and veterans today is fundamental for the future of
the City; and
WHEREAS, in South Florida, approximately one million individuals face hunger. Food should not be an
impossible choice for the community of Dania Beach; and
WHEREAS, Feeding South Florida leads hunger and poverty advocacy efforts in our community while
transforming lives through innovative programming and education that provides economic growth and overall well-
being; and
WHEREAS, the City of Dania Beach is therefore committed to supporting Feeding South Florida, so that together
we can achieve a hunger-free South Florida.
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 September, 2023 as
HUNGER ACTION MONTH
in the City of Dania Beach, Florida and do encourage all to join in on supporting Feeding South Florida during this
month of action!
ATTEST:
ELORA RIERA, MMC ARCHIBALD J. RYAN, IV
CITY CLERK MAYOR
WHEREAS, each year in the United States, more than 15,780 children are diagnosed with cancer, equal to about
42 childhood cancer diagnoses each day; and
WHEREAS, childhood cancer is the leading killer of children by disease, and while great strides have been made
to bring the five-year survival rate to 84%, nearly 1,500 American children die each year from cancer; and
WHEREAS, worldwide, there are more than 300,000 new childhood cancer diagnoses every year, which means
every 3 minutes a family will hear the words ‘Your child has cancer’; and
WHEREAS, two-thirds of childhood cancer patients will have chronic health conditions as a result of their
treatment toxicity, with one quarter being classified as severe to life-threatening; and
WHEREAS, in the last 30 years, only six new drugs have been approved by the FDA to specifically treat childhood
cancer; and
WHEREAS, the National Cancer Institute recognizes the unique research needs of childhood cancer and the
associated need for increased funding to carry this out; and
WHEREAS, hundreds of non-profit organizations at the local and national level are helping children with cancer
and their families cope through educational, emotional, and financial support; and
WHEREAS, researchers and healthcare professionals work diligently dedicating their expertise to treat and cure
children with cancer; and
WHEREAS, too many children are affected by this deadly disease and more must be done to raise awareness
and ultimately find a cure.
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 September, 2023 as
CHILDHOOD CANCER AWARENESS MONTH
in the City of Dania Beach, Florida and do encourage all Americans to observe Childhood Cancer Awareness Month
and support this cause that so deeply impacts families in every community across our country.
ATTEST:
ELORA RIERA, MMC ARCHIBALD J. RYAN, IV
CITY CLERK MAYOR
WHERES, each year, the United States observes National Hispanic Heritage Month by celebrating the culture,
heritage, and countless contributions of those whose ancestors were native to North America including, Central
America, South America, Cuba, Mexico, Spain, and the Caribbean; and
WHEREAS, this year’s theme, “Latinos: Driving Prosperity, Power, and Progress in America” encourages us all to
embrace Hispanic heritage and focus on the themes of prosperity, power, and progress, recognizing the significant
strides of Hispanics in the economic, political, and social growth of the U.S.; and
WHEREAS, we recognize and honor the many ways that Hispanics have enriched the fabric of our society and
we rededicate ourselves to acknowledging, promoting, and supporting the advancements of Hispanics in our
respective communities; and
WHEREAS, the Hispanic population of the United States is now at 62.5 million, constituting 19% of the total
population and where more than 34% of the population of the City of Dania Beach is Hispanic or Latino; and
WHEREAS, locally, Hispanics and Latinos from diverse cultures, races and ethnicities contribute to the vitality
and uniqueness of Florida and the City of Dania Beach as residents, business owners, investors, staff, leaders, and
volunteers; and
WHEREAS, Juan Ponce De León was the first Spanish explorer to arrive in Florida in 1513 and Spanish heritage
started the moment he named the Sunshine State "Pascua Florida," or Feast of Flowers, in honor of Spain's Easter
celebration; and
WHEREAS, Hispanics have had a profound, significant, and positive influence on our country through their
strong commitment to family and faith and fully embracing the American dream via ambition, work ethic and a great
love for the United States and passion for the communities they serve.
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 September 15, 2023 to October 15, 2023 as
HISPANIC HERITAGE MONTH
in the City of Dania Beach and encourage all citizens of Dania Beach to join celebrating the vast contributions
Hispanics and Latinos have made to the world, to our country, and to our community.
ATTEST:
ELORA RIERA, MMC ARCHIBALD J. RYAN, IV
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: September 26, 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
This past Friday, September 15th, our Deputy City Manager, Fire Chief, and our Public Services Director
joined me in participating in a conference hosted by our State Senator, Jason Pizzo. Emergency
Operations/Resiliency, strategies and key funding opportunities were discussed. We seized a great
opportunity to converse with Senate Majority Leader, Ben Albritton and Kevin Guthrie the Director of
the Emergency Management for the State of Florida. We are preparing for our visit to Tallahassee on the
first week of November where we will be seeking $2 million in funding for our future EOC and the final
phase of the SE Drainage project. Planting seeds, seizing opportunities, and building relationships has
been key to the record amount of funding via grants and appropriations we have received these past 4
years.
Our Parks and Recreation Director and I met at length on Monday, September 19th, finalizing a draft for
your approval regarding our partnership with Olsen Middle School. We have an opportunity to add 7
acres of park land in an area of our City that is vastly growing in population. With more than $3 million
dollars in impact fees paid by new development that can only go towards a new park, we are extremely
excited to work with our Parks Contractor, Bermello Ajamil, to bring forward a design that will include
new amenities for our community. The proposed new amenities will also positively impact the students
at Olsen Middle School. Our investment in our existing parks, a proposed new facility augmenting our
green space and enhancing the quality of life for our community is a priority of our adopted Strategic
Plan and something we are very proud to be delivering on.
We are exploring an opportunity to possibly partner with Nova Southeastern University where Dania
Beach would be the home for their women’s crew team. Daniel Alfonso, former City Manager of the City
of Miami, is the VP of Facilities and Public Safety at NSU. Alfonso and I have a very good relationship and
he wants to invest in a coastal city in Broward and possibly partner with us. NSU is augmenting their
women’s sports and will be adding crew and lacrosse. We are enhancing our sports program and
investing in our green ways and blue ways, hence our intrigue and excitement for our meeting in the
first week of October.
We have executed the grant agreement for $500,000 from the Division of Water Restoration Assistance.
This funding is our match to our $500,000 for the SW 52nd Street Stormwater Improvement Project. We
will be providing a timeline for this project shortly.
I want to express my gratitude to CIP and Grants Administrator, Colin Donnelly, for his performance
working with the County on the 47th Year CDBG project. The assessment and monitoring process of
grants by the agencies that provides us the funding is crucial to ensuring we meet the criteria to receive
the monies. The Grant total is $396,491 and fully funds 45 Solar powered lights in residential areas in
our City. Mr. Ralph Stone, Director of Broward County Housing Finance Division, reached out to me to
commend Colin Donnelly.
We have hired our new PIO and we look forward to her joining our team the first week of October. She
comes to us from our neighboring City of Davie.
On Wednesday, September the 20th, Commissioner James, our Parks Director, and I met with team
members from the City of Ft. Lauderdale. The purpose of the meeting was to get insight into the City of
Ft. Lauderdale regarding their partnership with Broward County Schools, particularly the Bennett
Elementary playground. We will continue to explore all possibilities for funding and partnerships with
our local schools.
CITY OF DANIA BEACH
FINANCE DEPARTMENT
MEMORANDUM
TO: Ana M. Garcia, ICMA-CM, City Manager.
FROM: Adam Segal, Deputy Finance Director
DATE: September 15, 2023
SUBJECT: Finance Monthly Report – August 2023
Please find attached the month Finance report. Highlights of the report include the following:
Revenues
• Building Fund Revenues
• Pier Revenue
• Beach Parking Revenue
• Marina Revenues
• Commercial Solid Waste Hauler Franchise Fees
Capital Projects
• Master Capital projects Schedule to include Grants
Information Technology
• Online Credit Card Payments
• Beach Camera Views
• Website Visits by Device
• Commission Meeting Views
• Number of Citywide Phone Calls
• Number of E-Bill Users by Month
• Kiosk collections
Business Tax Receipt Activity
• Out of Business/Inactive
• New Applications
Utility Reports
• Delinquency Report
• Meter Replacement Reports
• Aging Report
Contingency and Fund Balance Estimate
Building Fund Collections Building Fund - thru August 2023
2020/21 2021/22 2022/23
Monthly
October 456,717 1,144,624 613,610
November 115,930 107,616 183,413
December 137,352 1,142,811 1,267,607
January 201,184 146,194 193,243
February 137,028 490,813 588,953
March 142,455 281,847 202,690
April 1,511,205 283,429 356,512
May 1,227,546 226,093 153,965
June 399,057 399,287 181,738
July 259,308 132,426 212,528
August 709,467 755,979 767,780
September 122,504 1,003,182
Total 5,419,752 6,114,301 4,722,038
2020/21 2021/22 2022/23
Cumulative
October 456,717 1,144,624 613,610
November 572,647 1,252,240 797,023
December 709,999 2,395,051 2,064,630
January 911,182 2,541,246 2,257,873
February 1,048,210 3,032,058 2,846,825
March 1,190,665 3,313,906 3,049,515
April 2,701,870 3,597,334 3,406,027
May 3,929,416 3,823,427 3,559,992
June 4,328,473 4,222,715 3,741,730
July 4,587,780 4,355,140 3,954,258
August 5,297,248 5,111,119 4,722,038
September 5,419,752 6,114,301
Annual Goal 4,777,331 4,741,977 5,322,012
-
200,000
400,000
600,000
800,000
1,000,000
1,200,000
1,400,000
1,600,000
Do
l
l
a
r
s
Monthly Building Fund Collections
2020/21 2021/22 2022/23
-
1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
Do
l
l
a
r
s
Building Fund
Collections - Cumulative Y-T-D
2020/21 2021/22 2022/23
Parking Fee Collections Beach Parking - thru August 2023
2020/21 2021/22 2022/23
Monthly
October 98,451 101,582 130,026
November 73,741 75,146 95,694
December 78,542 102,321 104,713
January 99,866 91,751 164,030
February 102,595 107,375 102,648
March 154,528 145,848 209,333
April 140,766 183,397 172,853
May 157,300 210,704 197,957
June 136,216 188,603 188,603
July 134,658 224,411 219,627
August 135,026 171,951 197,119
September 130,087 134,616
Total 1,441,776 1,737,704 1,782,604
2020/21 2021/22 2022/23
Cumulative
October 98,451 101,582 130,026
November 172,193 176,728 225,720
December 250,735 279,049 330,433
January 350,600 370,800 494,463
February 453,195 478,175 597,111
March 607,723 624,023 806,444
April 748,488 807,420 979,297
May 905,789 1,018,123 1,177,255
June 1,042,005 1,206,726 1,365,857
July 1,176,663 1,431,138 1,585,485
August 1,311,689 1,603,088 1,782,604
September 1,441,776 1,737,704
Annual Budget Goal 1,094,352 1,347,086 1,558,354
-
50,000
100,000
150,000
200,000
250,000
Do
l
l
a
r
s
Monthly Beach Parking Collections
2020/21 2021/22 2022/23
-
200,000
400,000
600,000
800,000
1,000,000
1,200,000
1,400,000
1,600,000
1,800,000
2,000,000
Do
l
l
a
r
s
Beach Parking Collections - Cumulative Y-T-D
2020/21 2021/22 2022/23
Pier Revenues Pier Revenues - thru August 2023
2020/21 2021/22 2022/23
Monthly
October 49,128 52,575 50,313
November 39,289 45,411 43,917
December 44,807 52,271 50,942
January 46,662 45,906 58,345
February 392,450 308,830 294,357
March 53,244 59,863 73,487
April 64,937 59,852 63,945
May 40,544 55,621 60,688
June 54,227 56,858 56,858
July 61,599 66,152 71,604
August 54,857 52,975 58,871
September 50,878 50,426
Total 952,620 906,740 883,326
Balance includes true-up for the annual rent of the Quarterdeck
based on the lease agreement.
2020/21 2021/22 2022/23
Cumulative
October 49,128 52,575 50,313
November 88,416 97,986 94,229
December 133,223 150,257 145,171
January 179,885 196,163 203,516
February 572,336 504,993 497,873
March 625,579 564,856 571,360
April 690,516 624,708 635,305
May 731,061 680,329 695,993
June 785,287 737,187 752,851
July 846,886 803,339 824,455
August 901,742 856,314 883,326
September 952,620 906,740
Annual Budget Goal 773,952 844,816 937,301
-
50,000
100,000
150,000
200,000
250,000
300,000
350,000
400,000
450,000
Do
l
l
a
r
s
Monthly Pier Collections
2020/21 2021/22 2022/23
-
200,000
400,000
600,000
800,000
1,000,000
1,200,000
Do
l
l
a
r
s
Pier Collections - Cumulative Y-T-D
2020/21 2021/22 2022/23
Marina Fee Collections Marina Fees - thru August 2023
2020/21 2021/22 2022/23
Monthly
October 96,691 115,264 110,239
November 99,519 117,663 116,542
December 102,437 116,830 120,621
January 102,400 106,673 124,885
February 107,245 104,605 113,849
March 103,019 111,125 117,710
April 96,002 112,170 119,728
May 102,039 102,373 124,138
June 97,546 106,001 122,027
July 102,395 104,000 126,485
August 108,051 108,096 123,889
September 97,767 106,418
Total 1,215,110 1,311,218 1,320,112
2020/21 2021/22 2022/23
Cumulative
October 96,691 115,264 110,239
November 196,210 232,927 226,781
December 298,647 349,758 347,402
January 401,047 456,431 472,287
February 508,292 561,036 586,135
March 611,312 672,161 703,845
April 707,313 784,330 823,574
May 809,352 886,703 947,711
June 906,898 992,704 1,069,738
July 1,009,292 1,096,704 1,196,223
August 1,117,343 1,204,800 1,320,112
September 1,215,110 1,311,218
Budget Goal 1,011,953 1,290,768 1,339,555
-
20,000
40,000
60,000
80,000
100,000
120,000
140,000
Do
l
l
a
r
s
Monthly Marina Fee
Collections
2020/21 2021/22 2022/23M
-
200,000
400,000
600,000
800,000
1,000,000
1,200,000
1,400,000
Do
l
l
a
r
s
Marina Fee Collections - Cumulative Y-T-D
2020/21 2021/22 2022/23
Project Name Project Number Revenue Source Original Budget Grant Award Cash Match
Budget
Amendments
Total Budget
Allocation
Total Expenses
&
Encumbrances
FY 22-23
Carryforward
Amount
Project Phase/
Status
Anticipated
Completion
Date
Grant
Expiration
Stormwater Fund
SE Stormwater II PS-SW-0010
SRF Loan,
Stormwater 6,159,729 - - 844,496 7,004,225 (883,500) 6,120,725 Construction
Neighborhood Drainage Improvement PS-SW-0040
Transportation
Surtax,
Stormwater 1,170,960 - - 3,000,000 4,170,960 (2,978,600) 1,192,360 Construction
SW 37th Terrace Drainage Improvement PS-SW-0070 Stormwater 1,200,000 375,000 375,000 1,200,000 1,200,000 (1,097,830) 102,170 Completed 9/30/2026
SW 54th Court Drainage Improvement PS-SW-0050 Stormwater 1,200,000 350,000 350,000 1,200,000 1,200,000 (1,010,092) 189,908 Completed 9/30/2026
Citywide Stormwater Master Plan/CDBG Mitigation PS-SW-0080
Stormwater,
CDBG-MIT - 795,000 265,000 16,535 1,076,535 (104,680) 971,855 Design
Total Stormwater Fund Projects 9,730,689 1,520,000 990,000 6,261,031 14,651,720 (6,074,702) 8,577,018
Water Fund
NW 1st Ave Water Main Stirling-City Hall N/A Water 431,730 - - - 431,730 (48,549) 383,183 Design
Total Water Fund Projects 431,730 - - - 431,730 (48,549) 383,183
Sewer Fund
Lift Rehabs 5,7,10 PS-SU-0010 Sewer 1,137,594 - - (9,607) 1,127,987 (1,007,275) 120,712 Construction
SCADA System PS-SU-0011 Sewer 257,715 - - 13,620 271,335 (271,335) - Construction
Inflow and Infiltration Mainline Repairs Project Sewer 2,041,450 - - 2,041,450 - - Construction
HMGP Lift Stations PS-SU-0021 HMGP 1,686,442 - - 3,634,878 5,321,320 (499,800) 4,821,520 Construction
Total Sewer Fund Projects 5,123,201 - - 3,638,891 8,762,092 (1,778,410) 4,942,232
Pier Fund
Pier Refurbishing
PS-BP-0040, PS-
BP-0041 Pier, GF Loan 500,000 - - 1,773,921 2,273,921 (2,273,921) - Construction
Total Pier Fund Projects 500,000 - - 1,773,921 2,273,921 (2,273,921)
Grants Fund
Solar Lighting
PS-RB-0020, PS-
RB-0043, PS-RB-
0044 CDBG 44, 46, 47 - 396,491 - - 396,491 (392,620) 3,871 Construction 4/30/2023
Fire Rescue - Station #1
PS-PB-0020, PS-
PB-0021
HMGP, City
Match - 812,850 270,150 - 1,083,000 (232,280) 850,720 Construction 7/31/2023
City Hall Wind Retrofit and Generator
PS-BP-0010, PS-
BP-0011 HMGP - 2,405,500 - - 2,405,500 (222,300) 2,183,200 Design
CDBG 48th Year Solar Lights CDBG 177,575 24,000 - 201,575 - 177,575 9/30/2023
Total Grants Fund Projects 477,575 3,987,390 294,150 433,541 5,192,656 (1,918,617) 3,250,039
Capital Projects Fund
Southeast 5th Avenue Crosswalk PS-RB-0031 Capital 200,000 - - - 200,000 (80,500) 119,500 Construction
Nyberg Swanson / Women's Club
PS-PB-0040, PS-
PB-0041 Capital - - - 500,000 500,000 (39,603) 460,397 Design
Solar Street Lighting
PS-RB-0040, PS-
RB-0041, PS-RB-
0042, PS-RB-045
Capital, Bank
Loan - - - 1,305,462 1,305,462 (1,216,495) 88,967 Construction
Oasis XV - Capital Fund N/A Capital - - - 58,149 58,149 (11,000) 47,149 Completed
Sidewalk Masterplan Tier 1 N/A
Capital, ARPA,
GF 400,000 - - 422,604 822,604 (822,604) - Construction
City of Dania Beach: Master Capital Projects Summary as of 8-31-2023
Project Name Project Number Revenue Source Original Budget Grant Award Cash Match
Budget
Amendments
Total Budget
Allocation
Total Expenses
&
Encumbrances
FY 22-23
Carryforward
Amount
Project Phase/
Status
Anticipated
Completion
Date
Grant
Expiration
City of Dania Beach: Master Capital Projects Summary as of 8-31-2023
Roadway and Median Electrical N/A Capital 200,000 - - 575,000 1,475,000 (354,999) 1,120,001 Construction
Beach Revitalization Phase II
PS-BP-0050, PS-
BP-0052 Capital 925,000 - - 801,798 1,726,798 (1,208,574) 460,167 Construction
City Hall Restrooms PS-PB-0055 Facilities 188,654 - 188,654 (183,231) 5,423 Planning
CW Thomas Park Phase I N/A
Bank Loan,
Capital 18,100,000 - - 265,505 18,449,977 (1,535,136) 16,914,841 Construction
Total Capital Projects Fund 20,013,654 - - 3,928,518 24,726,644 (5,452,141) 19,216,444
Upcoming Projects
Beachside Restroom Improvement PS-BP-0015 Capital 150,000 Planning
Bus Stop Improvements PS-RB-0110 Capital 90,000 Planning
Neighborhood Water Line Replacement PS-WU-0060 Water 203,000 Planning
Water Plant Chemical Feed Area PS-WU-0070 Water 150,000 Planning
Tiger Tail Horizontal Well/Hydraulic Modeling PS-WU-0052 Water Planning
Wells G&I Rehabilitation PS-WU-0053 Water 100,000 Planning
Dune Design Segment III Beach Nourishment PS-BP-0051 Capital 20,900 Design
Corridor Landscape Master Plan PS-RB-0090 Capital 315,000 Design
NW/SW 1st Street Water Main
PS-WU-0020, PS-
WU-0021 Water 500,000 Design
Water Plant Accelator Cleaning PS-WU-0030 Water 100,000 Design
C51 Water Supply PS-WU-0050 Water 4,600,000 Loan Approved
SW 52nd Street Drainage Improvement PS-SW-0041 Stormwater 1,200,000 Resilient FL Design
Fuel Facility Improvements PS-PB-0060 Capital 50,000 Construction
NW 1st St Streetscape PS-RB-0070 Capital 250,000 Construction
West Wing Life Safety PS-PB-0051 Capital Construction
Median/Poles Electrification PS-RB-0080 Capital 500,000 Construction
Tidal Valves - Stormwater System PS-SW-0100 Stormwater 250,000 On Hold
FPL Service Laterals to Lights PS-BP-0023 Capital On Hold
SW 34th Terrace Improvement PS-SW-0060 Stormwater 750,000 On Hold
SeaTech Parking Garage PS-BP-0053 Capital 1,200,000 On Hold
10,428,900 - - - - - -
FY 2022
# of Pymts $ Value
# of
Pymts $ Value
# of
Pymts $ Value
October 112 $4,547
November 46 $1,562
December 36 $1,284
January 23 $615
February 19 $851
March 18 $802 2022-2023
April 13 $604 2023-2024
May 0 $0 10 $267 2024-2025
June 9 $411 10 $385
July 10 $460 9 $198
August 13 $508 2 $0
September 106 $4,227
FY 2023 FY 2024
0
500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
4,500
5,000
Online Credit Card Payments-Beach Parking
FY 2021
# of Pymts $ Value # of Pymts $ Value # of Pymts $ Value
October 1,694 $522,541 1,756 $419,523 1,799 $631,937
November 1,659 $372,920 1607 $477,225 1698 $490,381
December 1,859 $493,048 1644 $575,861 1676 $453,598
January 1,681 $429,192 1580 $403,966 1814 $559,003
February 1,625 $348,642 1461 $393,924 1586 $466,879
March 1,751 $405,303 1883 $624,708 1673 $524,878 2020-2021
April 1,600 $410,951 1558 $415,006 1696 $514,951 2021-2022
May 1,568 $388,510 1635 $502,840 1705 $482,818 2022-2023
June 1,654 $581,978 1771 $486,384 1890 $677,359
July 2,077 $582,478 2003 $522,805 1956 $509,105
August 1,589 $424,738 1919 $591,853 1745 $44,810
September 1,921 $505,704 1748 $475,765
FY 2022 FY 2023
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
Online Credit Card Payments- E-Suite
FY 2021
# of
Pymts $ Value
# of
Pymts $ Value
# of
Pymts $ Value
October 197 $6,283 203 $9,350 293 $18,293
November 90 $2,727 126 $6,835 188 $11,802
December 46 $1,398 112 $3,952 184 $10,643
January 73 $2,416 106 $7,346 228 $13,489
February 60 $1,414 159 $12,120 215 $12,691 2020-2021
March 87 $1,595 252 $19,322 339 $29,674 2021-2022
April 161 $10,541 264 $48,956 229 $54,344 2022-2023
May 251 $33,829 205 $16,068 147 $11,025
June 152 $11,549 125 $10,999 216 $16,773
July 131 $7,298 108 $7,008 125 $6,317
August 124 $7,003 203 $7,805 242 $15,031
September 142 $6,503 133 $8,115
FY 2022 FY 2023
0
5,000
10,000
15,000
20,000
25,000
30,000
35,000
40,000
RecDesk
FY 2021 $ Value FY 2022 $ Value FY 2023 $ Value
FY 2021 FY2022 FY 2023
October 177,400 124,800 113,900
November 210,000 124,100 128,500
December 184,300 110,100 78,800
January 157,100 117,200 75,900
February 153,700 90,500 79,200
March 176,200 115,300 105,100
April 160,700 93,100 115,900
May 142,200 104,900 84,300
June 114,400 111,500 74,100
July 114,400 110,600 67,100
August 138,900 89,700 67,700
September 139,200 190,300
0
50000
100000
150000
200000
250000
Beach Camera Views
FY 2021 FY2022 FY 2023
FY 2021 FY 2022 FY 2023
October 570 357 396
November 604 201 238
December 757 369 270
January 573 323 494
February 636 366 424
March 533 377 531
April 386 473 471
May 393 342 505
June 343 331 508
July 380 202 321
August 310 403 501
September 511 422
YouTube Channel
0
100
200
300
400
500
600
700
800
Commission Meeting Views
FY 2021 FY 2022 FY 2023
1st Q 2021 1st Q 2022 1st Q 2023 2nd Q 2021 2nd Q 2022 2nd Q 2023 3rd Q 2021 3rd Q 2022 3rd Q 2023 4th Q 2021 4th Q 2022 4th Q 2023
Desktop 49.8%50.2%42.5%52.1%72.5%40.5%48.4%66.4%44.1%49.6%41.6%
Smartphone 42.0%44.2%55.3%41.8%25.1%57.4%46.1%32.5%54.0%45.3%56.4%
Tablet 6.8%5.0%2.2%5.5%2.2%2.1%4.9%1.2%1.6%4.4%2.0%
Other 1.1%0.6%0.6%0.7%0.7%
Website Visit by Device Type Comparison
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
70.0%
80.0%
1s
t
Q
2
0
2
1
1s
t
Q
2
0
2
2
1s
t
Q
2
0
2
3
2n
d
Q
2
0
2
1
2n
d
Q
2
0
2
2
2n
d
Q
2
0
2
3
3r
d
Q
2
0
2
1
3r
d
Q
2
0
2
2
3r
d
Q
2
0
2
3
4t
h
Q
2
0
2
1
4t
h
Q
2
0
2
2
4t
h
Q
2
0
2
3
Website Visit by Device Type Comparison
FY 2021 FY 2022 FY 2023
October 11,070 10,868 9,789
November 8,348 9,702 9,564
December 9,435 9,193 8,197
January 9,656 9,268 9,543
February 10,334 8,875 9,338
March 10,410 10,960 10,946
April 10,374 10,499 10,851 2020-2021
May 9,863 10,274 10,489 2021-2022
June 10,210 10,791 12,351 2022-2023
July 9,496 9,164 10,843
August 10,112 10,658 11,775
September 10,713 9,667
NUMBER OF CITY-WIDE PHONECALLS
0
2000
4000
6000
8000
10000
12000
14000
Number of e-bill users by month
FY 2021 FY 2022 FY2023
October 607 722 804
November 612 731 805
December 629 738 818
January 643 751 835
February 649 759 848
March 653 767 861
April 661 776 873
May 662 775
June 672 778 890
July 674 782 886
August 698 787 901
September 708 797
0
100
200
300
400
500
600
700
800
900
1000
Incremental E-bill Accounts
Number of e-bill users by month FY 2021 Number of e-bill users by month FY 2022
Number of e-bill users by month FY2023
Kiosk
FY 2021 FY 2022 FY2023
October 6,940.80$ 10,067.50$
November 8,678.89$ 11,339.44$
December 7,403.30$ 12,409.30$
January 10,348.96$ 11,755.07$
February 10,992.74$ 11,856.78$
March 12,964.70$ 11,032.47$
April 10,480.52$ 7,514.64$
May 10,160.84$ 11,120.90$
June 7,372.46$ 11,336.27$ 12,405.61$
July 10,238.61$ 11,575.17$ 10,289.44$
August 19,296.09$ 8,117.21$ 10,380.86$
September 12,155.35$ 7,940.87$
FY 2023
FY 2022
FY 2021
0
2000
4000
6000
8000
10000
12000
14000
16000
18000
20000
Kiosk
FY 2021 FY 2022 FY2023
Out of Business/Inactive # of BTRs Dollar Amount
Blue Ocean Spa Enterprises Inc 1 451.25$
Brenda Henry Fox 1 31.50$
Chewy Inc 1 320.00$
Dieselworx Marine LLC 1 677.50$
Firefly Legal FL Inc 1 346.25$
Florida's Bridge 1 31.50$
GCW Investments LLC 1 236.25$
Golden Key Plaza LLC 1 401.25$
Herd, Crockett 1 236.25$
HRC Dania LLC 1 375.00$
Llanos, Carlos 1 63.00$
Redbox Automated Retail LLC 2 840.00$
South Florida Safes Inc 1 1,265.00$
Novast Design LLC 1 480.63$
Tuscany Villas LLC 1 220.00$
We & Ko LLC 1 63.00$
Wells Fargo Bank NA 1 918.75$
Yachtify USA LLC 1 372.50$
Total Out of Business/Inactive 19 7,329.63$
New Approved Applications # of BTRs Dollar Amount
2748 South West Realty LLC 1 15.75$
Good Shepard Academy School Inc 1 480.63$
Blue Ocean Spa Enterprises Inc 1 533.13$
Cinema Tech Seating Inc 1 567.50$
Dry Masters Specialist LLC 1 480.63$
Elioran Properties 14 ST Dania LLC 1 425.00$
F.E.V. Investments Inc 1 236.25$
Robinson Sports Inc 1 840.00$
Flowers by Sara LLC 1 372.50$
Kouba Group Management LLC 1 196.50$
Madison National Life Ins 1 183.75$
Marina Mile 105 LLC 1 118.13$
Next Level Aviation LLC 1 546.25$
Parrot's River 2 63.00$
Sar Investment LLC 2 63.00$
Sephora USA Inc 1 940.00$
Tuscany Villas 1 228.00$
Total New Applications 19 6,290.02$
BTR Status # of BTRs Total Dollar Amount
Open Renewals- Current Year 289 85,943.79$
Paid Renewals 2,852 1,015,842.21$
Total BTRs as of 08/31/2023 3,141 1,101,786.00 **
**includes license fee, fire inpsection & solid waste registration
Business Tax Receipt Activity - August 2023
Description Current 1-30 31-60 61-90 90+Total
#4652 - Eric L Wilson Reservation of Burial Plot .00 .00 .00 .00 2710.00 2,710.00
#5474 - Cokenya D West Reservation of Burial Plot .00 .00 .00 .00 250.00 250.00
#4179 - AJ Manuel Funeral Home Reservation of Burial Plot .00 .00 .00 .00 1680.00 1,680.00
#5736 - Sands, Carolyn Reservation of Burial Plot .00 .00 .00 .00 3000.00 3,000.00
#5756 - Rahming Poitier Funeral Home Reservation of Burial Plot .00 .00 .00 .00 6430.00 6,430.00
#5757 - Fuller Funeral Home Reservation of Burial Plot .00 .00 .00 .00 990.00 990.00
#5673 - Agape Funeral and Cremation Reservation of Burial Plot .00 .00 .00 .00 6720.00 6,720.00
#3946 - Eric S George Funeral Home Reservation of Burial Plot .00 .00 .00 .00 2380.00 2,380.00
#5909 - Freeman Funeral Home Reservation of Burial Plot .00 .00 .00 .00 1500.00 1,500.00
#5924-Garcia Gimeno Reservation of Burial Plot .00 .00 .00 .00 200.00 200.00
#5862 - Love and Grace Funeral Home Reservation of Burial Plot .00 .00 .00 .00 3360.00 3,360.00
#5976 - John Hanks Memorial Services Reservation of Burial Plot .00 .00 .00 .00 1500.00 1,500.00
#5925 - Anthony R. Manuel Funeral Home Reservation of Burial Plot .00 .00 .00 .00 600.00 600.00
#5907 - Poitier Family Funeral Home Reservation of Burial Plot .00 .00 1500.00 .00 .00 1,500.00
#6121 - Christine Smith Reservation of Burial Plot .00 .00 .00 .00 1500.00 1,500.00
#6071 - Bells Funeral Services Reservation of Burial Plot .00 .00 .00 .00 625.00 625.00
#5978 - Angels of Paradise Reservation of Burial Plot .00 .00 .00 .00 3990.00 3,990.00
#6153 - Jacqueline Andrews Reservation of Burial Plot .00 630.00 .00 .00 .00 630.00
#4786 - Dillard Josephine Reservaton of Burial Plot .00 .00 .00 .00 200.00 200.00
Cemetery Totals $0.00 $630.00 $1,500.00 $0.00 $37,635.00 $39,765.00
Bulk Trash Pickup .00 .00 .00 .00 7004.00 7004.00
Bulk Trash Pk Up $0.00 $0.00 $0.00 $0.00 $7,004.00 $7,004.00
Miscellaneous FA Customers BSO & Fire False Alarms .00 .00 .00 .00 2,000.00 2,000.00
$0.00 $0.00 $0.00 $0.00 $2,000.00 $2,000.00
#3065 - Keynorth Townhomes Annual Inspection FY 11 .00 .00 .00 .00 1,700.00 1,700.00
#3072 - Atlantis Management Annual Inspection FY 11 & FY 12 .00 .00 .00 .00 7,800.00 7,800.00
#1012 - Gulfstream Apts.Annual Inspection FY 11 & FY 12 .00 .00 .00 .00 2,800.00 2,800.00
#4466 - Meadowbrook Condo Annual Inspection FY 13 .00 .00 .00 .00 1,000.00 1,000.00
#4644 - Oakbridge Townhomes Annual Inspection FY 14 .00 .00 .00 .00 4,000.00 4,000.00
Miscellaneous FI Customers Annual & Re-Inspections .00 .00 .00 300.00 254,535.00 254,835.00
$0.00 $0.00 $0.00 $300.00 $271,835.00 $272,135.00
Miscellaneous LM Customers Lake Maintenance .00 .00 .00 .00 275.36 275.36
$0.00 $0.00 $0.00 $0.00 $275.36 $275.36
#4647 - Palmetto Hospitality of Dania Water Impact Fees .00 .00 .00 .00 20,242.00 20,242.00
Misc. Customers Misc. Customers 33,320.50 3,900.00 10,000.00 .00 24,559.43 71,779.93
$33,320.50 $3,900.00 $10,000.00 $0.00 $44,801.43 $92,021.93
$33,320.50 $4,530.00 $11,500.00 $300.00 $363,550.79 $413,201.29
Miscellaneous Billing Invoice Aging Report
Aging Date 08/31/2023
Report By Invoice Type
Fire Inspection Totals
Invoice Type FA- False Alarm
Invoice Type - CEM - Cemetery
False Alarm Totals
Invoice Type FI - Fire Inspection
Invoice Type - BULK Trash Pk Up - Notice of Violation
Grand Totals
Invoice Type LM - Lake Maintenance
Invoice Type MS - Miscellaneous
Miscellaneous Totals
Lake Maintenance Totals
Annual Budget 730,000$
City of Dania Beach
Commercial Solid Waste Report FY 2022-2023
Payments Received
Waste Hauler
Choice Waste AKA
Waste Connections
Waste Management All Service
Refuse AKA
Republic
Services
S & S National
Waste AKA Bicon,
Inc.
Panzarella Waste &
Recycling Services
Great Waste COASTAL WASTE &
RECYCLING INC General Fund
75.00 75.00 75.00 225.00 75.00 75.00 75.00
1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 Monthly Activity
Oct 5,924.84$ 30,835.82$ 15,713.24$ 5,799.87$ 663.28$ 1,808.93$ 7,382.83$ 68,128.81$
Nov No Remittance No Remittance 14,226.85 2,944.86 398.54 No Remittance 8,233.69 25,803.94
Dec 5,473.80 64,370.12 11,314.72 1,730.43 974.20 4,502.66 9,357.33 97,723.26
Jan 2,631.65 32,104.05 11,639.51 2,086.55 914.40 2,087.77 10,306.62 61,770.55
Feb 2,532.70 36,726.68 12,008.46 2,868.77 724.47 4,153.08 12,104.41 71,118.57
Mar 2,850.67 35,151.37 9,538.44 2,465.50 848.18 2,336.14 12,184.45 65,374.75
Apr No Remittance 33,587.77 13,852.35 2,428.29 705.02 No Remittance 13,374.31 63,947.74
May 5,514.95 34,428.72 11,384.57 1,935.22 795.22 3,089.78 9,337.33 66,485.79
Jun No Remittance 36,427.07 10,874.22 No Remittance 919.94 2,648.70 13,907.31 64,777.24
Jul 2,322.27 39,299.09 14,039.00 2,117.42 139.75 2,575.24 11,838.34 72,331.11
Aug 4,702.37 35,447.40 13,525.19 1,718.09 983.06 No Remittance 12,537.74 68,913.85
Sep -
31,953.25$ 378,378.09$ 138,116.55$ 26,095.00$ 8,066.06$ 23,202.30$ 120,564.36$ 726,375.61$
Annual Permit Fee
Monthly Franchise
Permit Application Fee
Total Mo. Franchise
Choice Waste AKA
Waste Connections
Waste Management All Service
Refuse AKA
Repucblic
Services
S & S National
Waste AKA Bicon,
Inc.
Panzarella Waste &
Recycling Services
Great Waste COASTAL WASTE &
RECYCLING INC Solid Waste Fund
Oct 1,974.95$ 10,278.61$ 5,237.75$ 1,933.29$ 221.10$ 602.98$ 2,460.95$ 22,709.63$
Nov No Remittance No Remittance 4,742.28$ 981.62$ 132.85$ No Remittance 2,744.56$ 8,601.31$
Dec 1,824.61$ 21,456.70$ 3,771.58$ 576.81$ 324.74$ 1,500.89$ 3,119.11$ 32,574.44$
Jan 877.22$ 10,701.35$ 3,879.84$ 695.52$ 304.80$ 695.92$ 3,435.54$ 20,590.19$
Feb 844.23$ 12,242.23$ 4,002.82$ 956.26$ 241.49$ 1,384.37$ 4,034.80$ 23,706.20$
Mar 950.22$ 11,717.13$ 3,179.48$ 821.84$ 282.73$ 778.71$ 4,061.48$ 21,791.59$
Apr No Remittance 11,195.92$ 4,617.44$ 809.43$ 235.00$ No Remittance 4,458.10$ 21,315.89$
May 1,838.32$ 11,476.24$ 3,794.86$ 645.07$ 265.07$ 1,029.93$ 3,112.44$ 22,161.93$
Jun No Remittance 12,142.36 3,624.74 No Remittance 306.65 882.90 4,635.77 21,592.42$
Jul 774.09 13,099.70 4,679.67 705.81 46.58 858.42 3,946.11 24,110.38$
Aug 1,567.46 11,815.80 4,508.40 572.70 327.69 No Remittance 4,179.25 22,971.30$
Sep -$
10,651.10$ 126,126.04$ 46,038.86$ 8,698.35$ 2,688.70$ 7,734.12$ 40,188.11$ 242,125.28$
43,679.35$ 505,579.13$ 185,230.41$ 36,018.35$ 11,829.76$ 32,011.42$ 161,827.47$ 976,175.89$
Monthly Franchise
Total Mo. Franchise
Total Receipts
>120 Past Due Monthly Billings % DELQ >120 Past Due Monthly Billings % DELQ >120 Past Due Monthly Billings % DELQ
October 183,822 1,019,908$ 18%275,153 1,130,854$ 24%184,989 1,140,696$ 16%
November 207,753 1,049,166 20%276,502 1,145,557 24%186,463 1,205,526 15%
December 227,856 1,082,042 21%286,708 1,088,332 26%188,661 1,186,620 16%
January 248,468 1,107,929 22%309,337 1,166,202 27%188,029 1,165,000 16%
February 262,649 1,063,670 25%322,379 1,084,213 30%185,376 1,210,890 15%
March 262,514 1,042,220 25%281,908 1,112,053 25%183,535 1,267,253 14%
April 273,503 1,129,480 24%222,556 1,169,668 19%190,502 1,262,289 15%
May 264,778 1,203,079 22%211,091 1,178,959 18%189,684 1,172,418 16%
June 260,736 1,105,993 24%190,542 1,173,565 16%184,340 1,178,310 16%
July 248,966 1,069,697 23%201,407 1,194,888 17%190,677 1,288,709 15%
August 246,396 1,164,114 21%202,749 1,120,866 18%198,874 1,252,551 16%
September 250,534 1,107,838 23%183,816 1,129,966 16%
Annual Avg 244,831$ 1,095,428$ 22%247,012$ 1,141,260$ 22%188,285$ 1,211,842$ 16%
FY 2021 FY 2022 FY 2023
>120 Past Due >120 Past Due % +/->120 Past Due % +/-
October 330,831 344,685 4%377,040 9%
November 323,648 346,914 7%383,454 10%
December 326,595 347,964 6%385,515 10%
January 330,267 349,252 5%385,601 9%
February 330,406 350,890 6%389,237 10%
March 334,793 361,917 7%391,059 7%
April 337,912 363,125 7%390,781 7%
May 341,380 365,539 7%392,882 7%
June 342,137 376,626 9%394,781 5%
July 345,332 371,165 7%397,219 7%
August 343,626 372,990 8%396,674 6%
September 343,127 375,001 8%
Annual Avg 335,838$ 360,506$ 7%389,477$ 7%
WATER & SEWER UTILITY AGING REPORT
ACTIVE ACCOUNTS
INACTIVE ACCOUNTS
Active Account Graph: Billing data indicates deliquency rate on active accounts remain constant at an average of 1% of billings per month
FY 2022FY 2021 FY 2023
0%
5%
10%
15%
20%
25%
30%
35%Active Accounts >120 days
FY 2021
FY 2022
FY 2023
-
50,000
100,000
150,000
200,000
250,000
300,000
350,000
400,000
450,000 Inactive Accounts > 120 days
FY 2021
FY 2022
FY 2023
5
Prior
Yr.
2022 2023 2022 2023 2022 2023
Oct 40,482.00 46,710.00 - - 3,695.00 2,565.00 513.00 30 31
Nov - - - 3,706.50 2,540.00 508.00 35 45
Dec 38,925.00 53,717.00 - - 3,665.00 3,125.00 625.00 40 52
Jan - 2,282.00 - - 2,685.00 2,795.00 559.00 33 35
Feb 7,785.00 44,375.00 1,750.00 4,671.00 1,880.00 2,630.00 526.00 40 43
Mar 3,114.00 1,557.00 2,900.00 - 5,130.00 2,760.00 552.00 60 83
Apr 12,456.00 7,785.00 - 1,650.00 2,585.00 1,965.00 393.00 35 71
May 17,127.00 1,557.00 - - 2,405.00 2,215.00 443.00 55 68
Jun 1,557.00 4,671.00 1,450.00 1,450.00 2,250.00 2,715.00 543.00 49 37
Jul 2,282.00 - 1,450.00 - 3,095.00 2,860.00 572.00 53 49
Aug - 8,563.00 - 12,456.00 2,685.00 2,855.00 571.00 52 71
Sept 15,570.00 3,385.00 2,870.00 - 36
Total 139,298$ 171,217$ 10,935$ 20,227$ 36,652$ 29,025$ 5,805$ 482 621
10%# of City's 4850 account became delinquent
for this period
# per
Month
Delinquent Account ActivityBuilding/ New Construction Activity New Accts
MISC
Water Impact Fee Water Tap Fee Delinquent
# of Accts
Water Fund Monthly Utility Account Activity
City of Dania Beach
General Fund
Unassigned Fund Balance - - Contingency
----- General Fund -------
Unassigned
Contingency Fund Balance
Balance 10/1/22 (Audited)325,000$ 26,027,845$
(Uses) / Additions:
October (4,500) (861,297)
November (7,500) (35,177)
December - -
January (3,000) -
February (12,793) (29,350)
March (12,100) -
April (3,309) (139,682)
May (66,000) -
June (2,134) -
July (5,411) -
August (7,040) -
September - -
Sub-Total (Uses) / Additions (123,787) (1,065,506)
Sub-Total Available 201,213 24,962,339
Other Considerations
GFOA/City Commission 25% Reserve (12,500,000)est.
Bridge Loans - S.E. Stormwater (1,000,000)
Estimate of Availability at 09/30/23 201,213$ 11,462,339$
City of Dania Beach
#001-18-00-519-99-10
Contingency Account
Original Budget 325,000$
Uses:
Total
Oct (4,500) Vice Mayor- Picnic
Nov (7,500) $5k Reach Prog.-Olsen Middle
December - $2.5k- Gasper Arts - Comm. Davis
January (3,000) Love our Nation
February (12,793) $8,793 - Summer literacy prog
$4k -Presige Club-Etiquette Prog.
March (12,100) $10k Chamber of Commerce -membership
$2.1k American Legion
April (3,309) DB Historic Soc. $2k
Bus for Fleet Week $1,009
Kemula Wright-Park Fee $300
May (66,000) Visit Lauderdale -50k
Sponsorship BLC Annual Gala 5k
Lighthouse 4 Students 9k
Ryan and Lewellen - Donations 2k
June (316) MLK Permit fee
(1,318) Summer Camp
(500) Mt Zion AME Church
July (5,411) DB Press -300
VPK -$4,180
Project Ministries -$500
Beverages -$431
August (7,040) Summer Camp $3040
Teenage Camp $4000
September
Balance Remaining 201,213$
City of Dania Beach
General Fund
Analysis of
Fund Balance
Balance 10/1/22 26,027,845
Uses: #389-90-01
October (861,297) C/Fwd PO's
November (35,177) Centurion security
December
January
February (29,350) Brightline Trains CRISI Grant
March
April (139,682) BSO FF Budget increase for new FF
May
June
July
August
September
Total Uses (Sources)(1,065,506)
Estimated Balance Available 09/30/23 24,962,339$
Other Considerations
GFOA/City Commission 25% Reserve (12,500,000) est.
Bridge Loans - S.E. Stormwater (1,000,000)
Estimate of Availability at 09/30/23 11,462,339
MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
WEDNESDAY, SEPTEMBER 13, 2023 – 7:00 P.M.
1. CALL TO ORDER/ROLL CALL
Mayor Ryan called the meeting to order at 7:02 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. BUDGET PUBLIC HEARING ITEMS
3.1 RESOLUTION NO. 2023-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, RELATING TO THE IMPOSITION OF FIRE RESCUE ASSESSMENTS AND
PROVISION OF FIRE PROTECTION SERVICES, FACILITIES AND PROGRAMS IN THE
CITY OF DANIA BEACH, FLORIDA; CONFIRMING, SUPPLEMENTING, AND
AMENDING THE PRELIMINARY RATE RESOLUTION; REIMPOSING FIRE RESCUE
ASSESSMENTS WITH UPDATED ASSESSMENT RATES AGAINST ASSESSED
PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2023; APPROVING THE RATES OF ASSESSMENT;
APPROVING THE FINAL ASSESSMENT ROLL; PROVIDING FOR EFFECT OF
ADOPTION OF RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (Finance)
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, July 11, 2023 – 7:00 p.m.
2
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 Salvino made a motion to approve the resolution. The motion was seconded
by Vice Mayor Lewellen which carried unanimously on voice vote.
3.2 RESOLUTION NO. 2023-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE SERVICE
ASSESSMENTS IN THE CITY OF DANIA BEACH, FLORIDA; RE-IMPOSING SOLID
WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED
WITHIN THE BOUNDARIES OF THE CITY OF DANIA BEACH FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2023; APPROVING THE RATE OF ASSESSMENT;
APPROVING THE ASSESSMENT ROLL; 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.
Vice Mayor Lewellen made a motion to approve the resolution. The motion was seconded
by Commissioner Davis which carried unanimously on voice vote.
3.3 RESOLUTION NO. 2023-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, RELATING TO THE PROVISION OF STORMWATER MANAGEMENT
SERVICES IN THE CITY OF DANIA BEACH, FLORIDA; IMPOSING AND RE-IMPOSING
STORMWATER ASSESSMENTS AGAINST PROPERTY LOCATED WITHIN THE CITY
OF DANIA BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023;
APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL;
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. The following spoke on the item:
Charmaine Defrancesco - 450 SE 7th Street
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, July 11, 2023 – 7:00 p.m.
3
Commissioner James commended staff for looking into this and helping everyone understand
this assessment.
Commissioner James made a motion to approve the resolution. The motion was seconded
by Commissioner Salvino which carried unanimously on voice vote.
3.4 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 PROPOSED 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 and read the following into
the record:
The proposed operating municipal millage rate will be 5.9998 mills which reflects no change
from the City’s current fiscal year millage rate. This operating millage rate represents a 10.61%
increase over the rolled back rate of 5.4243 mills as computed in accordance with the provisions
of Section 200.065, Subsection 1 of the Florida Statutes. The voter approved debt service
millage rate is 0.1070 mills, in accordance with the provisions of law pursuant to Chapter 200 of
the Florida Statutes. The City’s aggregate millage rate is 6.1068 mills, which includes 5.9998
mills for operating and the 0.1070 mills for debt service. The final public hearing for the budget
and ad valorem tax millage will be held on Wednesday, September 20, 2023, here at 100 W.
Dania Beach Boulevard at 5:05 p.m.
Mayor Ryan opened the floor to public comments, there being none, public hearing was closed.
Vice Mayor Lewellen made a motion to approve the resolution. The motion was seconded
by Commissioner Davis which carried unanimously on voice vote.
3.5 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 A TENTATIVE ANNUAL BUDGET FOR THE CITY FOR THE
FISCAL YEAR 2023-2024; PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS
WILL BE HEARD AND QUESTIONS CONCERNING THE BUDGET WILL BE
ANSWERED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (Finance)
City Attorney Boutsis read the title of the resolution into the record.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, July 11, 2023 – 7:00 p.m.
4
Chief Financial Officer DiPaolo introduced the item.
Mayor Ryan opened the floor to public comments, there being none, public hearing was closed.
Commissioner Salvino said 5.99 has been the standard millage rate for many years. The residents
should be aware that the City is not trying to raise taxes, this is the cost of surviving and making
our City a better place. This is a growing community. The City staff is working hard to make
things right for the residents. The City should consider a seminar so that the residents understand
what they are being charged.
Vice Mayor Lewellen commented that it takes time to see revenue come into the City. Down the
line, when projects are complete and the City starts seeing revenue, that is when the City can
start discussing a reduction in taxes.
Vice Mayor Lewellen made a motion to approve the resolution. The motion was seconded
by Commissioner Salvino which carried unanimously on voice vote.
4. PRESENTATIONS AND SPECIAL EVENT APPROVALS
4.1 Presentation from Representative Hillary Cassel, Florida House of Representatives,
on Session Updates - Sponsored by Vice Mayor Lewellen
Representative Hillary Cassel provided an overview on the different session updates that she has
accomplished as well as funding she was able to acquire for the City. She also touched on
legislation that she plans to work on.
The Commission and City Manager Garcia thanked Representative Cassel for providing the
updates and representing the City.
4.2 Presentation - Broward County Tax Collector - Sponsored by Commissioner James
Abbey Ajayi, Manager, Broward County Tax Collectors Office - 115 S. Andrews Avenue,
provided a PowerPoint presentation on property taxes, with a focus on the conveniences,
affordability, and the opportunities available within the tax collector’s office for paying for
property taxes.
4.3 Dania After Dark Event Series Special Event Application – Parks and Recreation
Commissioner Salvino made a motion to approve the application. The motion was
seconded by Commissioner James which carried unanimously on voice vote.
5. PROCLAMATIONS
5.1 Suicide Prevention Awareness Month - Sponsored by Mayor Ryan
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, July 11, 2023 – 7:00 p.m.
5
Agustina and Andrew of the League of Women Voters of Broward County provided information
on suicide prevention and the importance gun safety. Gun locks were provided free to those who
were interested.
Mayor Ryan read the proclamation into the record and presented the proclamation.
5.2 National Diaper Needs and Awareness Week - Sponsored by Mayor Ryan
Brittany and Dwayne Wolfe of the Greater Fort Lauderdale Diaper Bank provided information
on diaper needs in the County.
Mayor Ryan read the proclamation into the record and presented the proclamation.
6. ADMINISTRATIVE REPORTS
6.1 City Manager
City Manager Garcia commented that the City has reopened the Griffin Marine Boat Ramp and it
is clean and safe to use. It was great to see Representative Cassel here and noted that the
legislative session is coming up in November. She is excited to announce that Dania After Dark
is returning. She has provided each of the Commission members with a new shirt for Dania After
Dark and the City will also be selling the shirts. The City will be having a beer tasting event and
has already sold 165 tickets and the City will be working with the hotels nearby to have room
blocks available.
City Manager Garcia said the I.T. Parker renovations and construction will commence soon. She
believes that this will be the premier rental facility for all residents and visitors as the City will
be able to maximize that location on the waterfront. The City is looking at a summer 2024 ribbon
cutting ceremony. The Nyberg Swanson House and The Woman’s Club is in the design phase.
The ribbon cutting and grand opening is planned for the Fall of 2024.
Chief Tarala and his team concluded a traffic assessment in the area of the Brauser Maimonides
Academy. In a period of a few days, they were able to see a difference in how quickly they were
moving traffic along in the morning and afternoon.
With regards to the recruitment of the new positions, 10 new positions have been advertised and
our new PIO will be starting the second week in October.
City Manager Garcia shared two letters of gratitude that the City received. One from the Dania
Beach Historical Society and the other from Quarterdeck. She is excited for our 2nd Annual
Employee Picnic.
6.2 City Attorney
City Attorney Boutsis announced that there are several cases that she is looking for confirmation
from the Commission to settle.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, July 11, 2023 – 7:00 p.m.
6
There was consensus from the Commission for her to settle the cases.
Vice Mayor Lewellen asked how many outstanding cases there were when City Attorney Boutsis
came on board with the City. City Attorney Boutsis responded 24 but the City is now down to 2.
6.3 City Clerk - Reminders
City Clerk Riera reminded the Commission of the following upcoming meetings:
- September 20, 2023, at 5:05 p.m. – Public Hearing for Adoption of Millage and Budget
- September 20, 2023, at 5:30 p.m. – CRA Workshop
- September 26, 2023, at 7:00 p.m. – Regular City Commission Meeting
7. PUBLIC SAFETY REPORTS
Captain Tarala gave an update on recent criminal activity in the City. He noted they have placed
speed trailers and signage at Dania Beach Elementary and now have a second deputy assigned to
the school.
Captain Tarala said Sergeant Seepot is currently in a 40-hour class for active shooter training.
This is an elite class and is the highest level of training there is. He is going to bring that training
back to Dania Beach and will be able to teach our residents and train our deputies. Deputies
Hoff and Session went to the FBI for the High Holiday meeting. They went to all the
synagogues and made contact with every religious leader at the synagogues. They will ensure
that there are increased patrols throughout the High Holidays. Since becoming Chief he has been
asked by a lot of the seniors in the community to bring the COP program back. BSO has allowed
that program to continue, and Deputies Hoff and Session brought the program back and provided
an orientation for four new COP’s.
Captain Tarala addressed the incident in the Northwest section of the City. They have increased
patrols and will be putting up the eye in the sky and pole camera. They will be proactively going
out as a deterrent and the deputies walked the streets talking to the community.
Fire Chief Pellecer thanked the Commission for their support for the Patriot Day Celebration.
He looks forward to making it bigger and better each year and has plans for a mural and
monument in the future to teach the future generations to never forget that tragic day.
He said the push-in ceremony is finally in the books, and thanked Mayor Ryan for allowing him
to show him the station. The new recruits will be doing the Fire Department Pride Run, starting
at the Dania Beach Pier, and ending at the fire station. They will start preparing for the annual
toy drive that is scheduled for the Friday and Saturday after Thanksgiving.
Chief Pellecer said as we embrace the holiday season, always remember safety. Whether
traveling, decorating, or celebrating with loved ones; remember to prioritize safety. Drive
responsibly, handle decorations with care and be mindful of fire hazards and let’s make this
season festive for everybody. He shared a personal message stating, before you step out that
door, take a moment and hug your loved ones, tell them “I love you”. Life is unpredictable, those
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, July 11, 2023 – 7:00 p.m.
7
words can mean the world to them. Let love be the last thing they feel from you as you leave
first thing in the morning and the first thing they remember when you come back at night.
Spread the love and cherish the moment.
8. CITIZENS’ COMMENTS
The following spoke under citizen’s comments:
- Reverend McElroy – 650 S Federal Highway
- Santisha Ragins - 650 S Federal Highway
9. CONSENT AGENDA
Commissioner James made a motion to approve the consent agenda. The motion was
seconded by Commissioner Salvino which carried unanimously on voice vote.
9.1 Minutes:
- August 22, 2023, Regular City Commission Meeting Minutes
- August 23, 2023, City Commission Budget Workshop Minutes
Approved under consent agenda.
9.2 Travel Requests: None.
9.3 RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AND ACCEPT
AN AGREEMENT WITH UNITED HEALTHCARE FOR THE CITY’S MEDICARE
SUPPLEMENTAL INSURANCE COVERAGE, PROCURED BY THE GEHRING GROUP
AS BROKER OF RECORD, FOR INSURANCE COVERAGE BEGINNING JANUARY 1,
2024 THROUGH DECEMBER 31, 2024 FOR MEDICARE ELIGIBLE RETIRED
EMPLOYEES AND THEIR ELIGIBLE DEPENDENTS THAT EXCEEDS AN ANNUAL
VENDOR TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00);
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(Human Resources)
Approved under consent agenda.
9.4 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 WITH GABOTON GROUP, LLC TO PROVIDE FEDERAL PUBLIC
AFFAIRS LOBBYIST AND LEGISLATIVE SERVICES, IN AN AMOUNT NOT TO
EXCEED FORTY-FIVE THOUSAND DOLLARS ($45,000.00) EFFECTIVE OCTOBER 1,
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, July 11, 2023 – 7:00 p.m.
8
2023 THROUGH SEPTEMBER 30, 2024; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (City Manager)
Approved under consent agenda.
9.5 RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING EXECUTION OF A DRINKING WATER STATE REVOLVING
FUND PLANNING LOAN APPLICATION WITH THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE DEVELOPMENT AND
IMPLEMENTATION OF AN AUTOMATED METER READING AND INFRASTRUCTURE
SYSTEM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE. (Finance)
Approved under consent agenda.
9.6 RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN
ENGAGEMENT LETTER THAT EXCEEDS THE ANNUAL VENDOR THRESHOLD
TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00), WITH RONALD L.
BOOK, P.A., FOR CONSULTING (LOBBYIST) SERVICES RELATED TO ISSUES OF
CONCERN TO THE CITY OF DANIA BEACH INCLUDING MATTERS ASSOCIATED
WITH BROWARD COUNTY AS WELL AS GENERAL LEGISLATION AND RELATED
ISSUES AT THE STATE LEVEL IN AN AMOUNT NOT TO EXCEED SIXTY TWO
THOUSAND FIVE HUNDRED DOLLARS ($62,500.00) FOR FISCAL YEAR 2023-24;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(City Manager)
Approved under consent agenda.
9.7 RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE CITY’S APPLICATION TO THE BROWARD BOATING
IMPROVEMENT PROGRAM IN THE AMOUNT OF TWO HUNDRED FIFTY THOUSAND
DOLLARS ($250,000.00), TO PROVIDE FUNDING FOR THE GRIFFIN MARINE PARK
BOAT RAMP AND DOCK REPLACEMENT PROJECT; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services)
Approved under consent agenda.
9.8 RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE RENEWAL OF THE COMPREHENSIVE PROPERTY &
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, July 11, 2023 – 7:00 p.m.
9
CASUALTY INSURANCE PROGRAM FOR THE CITY THROUGH RISK MANAGEMENT
ASSOCIATES, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT
ADVERTISEMENT FOR BIDS, WHICH INSURANCE PACKAGE SHALL INCLUDE
COVERAGE FOR PROPERTY, CRIME, LIABILITY, WORKERS’ COMPENSATION, AND
OTHER COVERAGES TO INCLUDE THE NATIONAL FLOOD INSURANCE PROGRAM
(“NFIP”), FOR A COMBINED ANNUAL PREMIUM AMOUNT OF ONE MILLION, NINE
HUNDRED FORTY-TWO THOUSAND FOUR HUNDRED FORTY FIVE DOLLARS
($1,942,445.00) FOR COVERAGE BEGINNING OCTOBER 1, 2023 THROUGH
SEPTEMBER 30, 2024; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (Human Resources)
Approved under consent agenda.
9.9 RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE SECOND AMENDMENT TO THE AGREEMENT
BETWEEN THE CITY OF DANIA BEACH, FLORIDA, AND THE BROWARD COUNTY
SHERIFF’S OFFICE FOR POLICE SERVICES DATED OCTOBER 1, 2020; AUTHORIZING
THE PROPER CITY OFFICIALS TO EXECUTE THE SECOND AMENDMENT TO THE
AGREEMENT FOR SUCH SERVICES; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (Finance)
Approved under consent agenda.
9.10 RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, SUPPORTING AN APPLICATION TO THE BROWARD METROPOLITAN
PLANNING ORGANIZATION AS PART OF THE COMPLETE STREETS AND OTHER
LOCALIZED INITIATIVE PROGRAM FOR THE CONSTRUCTION OF SOUTHWEST 1ST
AVENUE / NORTHWEST 1ST AVENUE COMPLETE STREET PROJECT ALONG
SOUTHWEST 1ST AVENUE / NORTHWEST 1ST AVENUE FROM NORTHWEST 3RD
STREET TO STIRLING ROAD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE. (Community Development)
Approved under consent agenda.
10. BIDS AND REQUESTS FOR PROPOSALS
10.1 RESOLUTION NO. 2023 - ____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE AWARD OF REQUEST FOR PROPOSAL (“RFP”) NO. 23-
006, I.T. PARKER COMMUNITY CENTER RENOVATION TO VERCETTI ENTERPRISES,
IN AN AMOUNT OF SEVEN HUNDRED AND FIFTY-FIVE THOUSAND SIX HUNDRED
AND SEVENTY-ONE DOLLARS ($755,671.00); PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE (Parks & Recreation)
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, July 11, 2023 – 7:00 p.m.
10
City Attorney Boutsis read the title of the resolution into the record.
Vice Mayor Lewellen made a motion to approve the resolution. The motion was seconded
by Commissioner James which carried unanimously on voice vote.
10.2 RESOLUTION NO. 2023 - ____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
AUTHORIZING THE AWARD OF INVITATION TO BID NO. 23-013 “WAPRO WASTOP
VALVE INSTALLATION” TO AQUA-NAUTIK UNDERWATER WORK LLC; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services)
City Attorney Boutsis read the title of the resolution into the record.
Vice Mayor Lewellen made a motion to approve the resolution. The motion was seconded
by Commissioner James which carried unanimously on voice vote.
11. QUASI-JUDICIAL HEARINGS
11.1 RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING THE SITE PLAN APPLICATION (SP-049-16MOD) FOR THE
APPLICANT, DANIA LIVE 1748 II, LLC, FOR PROPERTY GENERALLY LOCATED AT
1841 WAY POINTE PLACE, WITHIN THE CITY OF DANIA BEACH, FLORIDA, AS
LEGALLY DESCRIBED IN EXHIBIT "A" ("PROPERTY"), A COPY OF WHICH IS
ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONDITIONS; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community
Development)
City Attorney Boutsis read the title of the ordinance into the record and swore in anyone who
may be speaking on the item. She also asked for any disclosures as to the application and there
were none.
Deputy Director of Community Development, Corinne Lajoie, introduced the item.
Commissioner James asked how often we look at the parking at Dania Pointe to see if they need
additional floors in the parking garage and Deputy Director Lajoie responded that it is reviewed
every time there is a new building or addition. This was looked at and the applicant still meets
code requirements in terms of the number of parking spaces. They are aware that as they come
in with future structures, they will need additional parking going forward.
Dennis Mele, 200 E. Broward Blvd., on behalf of the applicant, said Deputy Director Lajoie gave
a thorough presentation. This particular addition is next to the parking garage and should not be
an issue. He understands the point and they will continue to work on the parking issue as they
move forward with the rest of Dania Pointe.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, July 11, 2023 – 7:00 p.m.
11
Vice Mayor Lewellen asked when they would be opening this location and Brandon Reynolds,
4411 Lighthouse Point, said the goal is to be open by the third quarter of next year.
Vice Mayor Lewellen stated that the City needs to review the parking as she has had people from
West Palm Beach and Miami asking her when it will be open. It is going to be very popular.
Commissioner James and Commissioner Salvino shared their concerns about the parking in that
area.
Mayor Ryan opened the floor to public comments and the following spoke:
- Ricky Young - 225 NW 7th Avenue
Commissioner Salvino made a motion to approve the resolution. The motion was seconded
by Commissioner James which carried unanimously on voice vote.
12. FIRST READING ORDINANCES
None.
13. SECOND READING ORDINANCES
13.1 ORDINANCE NO. 2023-____
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AMENDING 28 ENTITLED “LAND DEVELOPMENT CODE”, PART II, SITE
DEVELOPMENT REGULATIONS, ARTICLE 265. - OFF-STREET PARKING
REQUIREMENTS, AT SECTION 265-140, ENTITLED “STRUCTURE PARKING
FACILITIES” TO REMOVE CERTAIN REQUIREMENTS RELATING TO PARKING
GARAGE REQUIREMENTS; 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.
Mayor Ryan opened the floor to public comments, there being none, public hearing was closed.
Commissioner James made a motion to approve the ordinance on second reading. The
motion was seconded by Vice Mayor Lewellen which carried unanimously on voice vote.
13.2 ORDINANCE NO. 2023-____
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AMENDING 28 ENTITLED “LAND DEVELOPMENT CODE”, PART 6,
“DEVELOPMENT REVIEW PROCEDURES AND REQUIREMENTS”, ARTICLE 635 “SITE
PLANS”, AT SECTION 635-30 “EXCLUSIONS”, TO EXCLUDE DUPLEX
CONSTRUCTION FROM THE DEVELOPMENT REVIEW COMMITTEE REQUIREMENT;
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, July 11, 2023 – 7:00 p.m.
12
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.
Mayor Ryan opened the floor to public comments, there being none, public hearing was closed.
Vice Mayor Lewellen made a motion to approve the ordinance on second reading. The
motion was seconded by Commissioner James which carried unanimously on voice vote.
13.3 ORDINANCE NO. 2023-____
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AMENDING CHAPTER 8 ENTITLED “BUILDINGS”, ARTICLE II, ENTITLED
“PROPERTY STANDARDS”; AT SECTION 8-25, ENTITLED “BUILDING SAFETY
INSPECTION PROGRAM - 40-YEAR CERTIFICATION PURSUANT TO SECTION 110.15
BROWARD COUNTY ADMINISTRATIVE PROVISIONS, CHAPTER 1, FLORIDA
BUILDING CODE AND POLICY #5-05 OF THE BROWARD COUNTY BOARD OF RULES
AND APPEALS (BORA) AND RE-CERTIFICATION EVERY 10 YEARS THEREAFTER”
TO REFLECT BROWARD COUNTY REQUIREMENTS ELIMINATING REFERENCE TO
A 40 YEAR RECERTIFICATION AND IMPLEMENTING A “BUILDING SAFETY
INSPECTION PROGRAM”; 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.
Mayor Ryan opened the floor to public comments, there being none, public hearing was closed.
Commissioner James made a motion to approve the ordinance on second reading. The
motion was seconded by Vice Mayor Lewellen which carried unanimously on voice vote.
13.4 ORDINANCE NO. 2023-____
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING CHAPTER 6,
ENTITLED “BEACHES, PARKS, WATERWAYS AND RECREATION” OF THE CITY’S
CODE OF ORDINANCES, BY AMENDING SECTION 6-2.1, ENTITLED “HOURS OF
PUBLIC OCEAN PARK BEACH USE” TO UPDATE THE HOURS OF OPERATION FOR
THE BEACH AND PIER; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by
Mayor Ryan)
City Attorney Boutsis read the title of the ordinance into the record.
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.
13
Commissioner James made a motion to approve the ordinance on second reading. The
motion was seconded by Commissioner Salvino which carried unanimously on voice vote.
14. DISCUSSION AND POSSIBLE ACTION
14.1 Broward County Historic Preservation Board - 2023 Broward Pioneer Day - Dania
Beach Nominee - Sponsored by Mayor Ryan
Mayor Ryan stated that he would like to nominate David Nuby Sr. and read his biography.
There was consensus to nominate David Nuby Sr. as the Broward Pioneer Day nominee.
14.2 Appointment of Elected Official to Serve as Alternate City Representative to Solid
Waste Processing Authority
Mayor Ryan nominated Commissioner James as an alternate. There was consensus from
the Commission.
14.3 Discussion of Potential Partnership with Lux Neon Art Gallery for Dania After Dark -
Sponsored by Commissioner Davis
Commissioner Davis commented that she attended a soft opening and they offered to donate a
neon light for Dania After Dark and potentially do something for the 120th Birthday Celebration.
The City is not going to do a formalized partnership at this time, but they do want to work with
the City and participate in events. She would like consensus to work with them and to accept the
signage that they have created for Dania After Dark.
A consensus was received from the Commission.
14.4 Appointment of Commission Liaison to Broward County Schools Representing Dania
Beach – Sponsored by Commissioner James
Commissioner Davis commented that she does not feel that a Liaison is necessary, she has been
working with the school board over the last several months and she does not think we need one
person to speak on behalf of the Commission to the school board.
Vice Mayor Lewellen said she agreed with Commissioner Davis, it is not like the Solid Waste
Board where a board member is going and attending. She has also done things on her own with
the school board. If this is not going to preclude the rest of the Commission from going there
and doing what they need to do, then she does not have a problem with it.
Commissioner James said she has found that the City and the school board are having two
different discussions. When the City is budgeting to provide funds for a playground, Collins
Elementary is not slated to have a playground built. It is not to preclude anyone from speaking to
their school board members, but for someone to bring back the information they are discussing at
the school board meetings, so that everyone can be on the same page.
Discussion continued amongst the Commission regarding the need for a representative.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, July 11, 2023 – 7:00 p.m.
14
Commissioner Salvino made a motion to nominate Commissioner James. The motion was
seconded by Commissioner James which carried 4-1 with Commissioner Davis voting no.
15. APPOINTMENTS
15.1 Education Advisory Board - 1 vacancy
- Commissioner James appointment
Commissioner James appointed Polly Jones Moseley.
16. COMMISSION COMMENTS
16.1 Commissioner Davis
Commissioner Davis commented on the 9/11 ceremony and commended Chief Pellecer for a
wonderful ceremony. She said she attended the funeral for Battalion Chief Terryson Jackson, it
was a sad ceremony but touching to see all of the BSO Brotherhood come out and give respect
for their fallen brother. She attended a United Way Mission Event at the Mad Arts Gallery for
veterans and information on housing was provided. She also attended an event at the AC
Marriott for the Florida Restaurant Lodging Association. The event paired all those in tourism
together and they discussed tourism in Dania Beach. Parking was an issue for that event.
16.2 Commissioner James
Commissioner James said she visited the Chamber Luncheon and encouraged everyone to get
involved with the Chamber. She was honored last week at the University of Miami for the
Women of the Hall of Fame and was able to share about her journey here in the City of Dania
Beach. She gives her condolences to Horace Atkins and family.
She is requesting funds from her contingency to go towards her Thanksgiving Drive that she
holds at C.W. Thomas Park with Parks and Recreation in the amount of $4,000.00. There was
consensus from the Commission.
Mayor Ryan donated $500.00 from his contingency to go towards the Thanksgiving Drive as
well.
Commissioner Salvino said he will match the Mayor and donate $500.00 from his contingency
towards the Thanksgiving Drive.
16.3 Commissioner Salvino
Commissioner Salvino spoke about the Employee Appreciation Picnic and noted there have been
a lot of people who have donated to the event. Our new Events Coordinator is taking charge of
the event and he knows the contributors will be making it a spectacular day. Dania After Dark
will follow and he is excited for our employees and residents.
16.4 Vice-Mayor Lewellen
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, July 11, 2023 – 7:00 p.m.
15
Vice Mayor Lewellen spoke about the ongoing issue with homelessness and the gentleman that
the Chief spoke about at the last commission meeting. They did everything right to get him help
and unfortunately, the system failed, and he is back on the streets. She explained the situation
and commented that she will be moving forward with trying to change the law and see what else
can be done. She will be coming back with updates on what is going on. She commends the
BSO team for all the work that they have been doing and continue to do. She will not give up
and will continue fighting for this to make it move forward.
16.5 Mayor Ryan
Mayor Ryan commented on the fishing tournament held by the Improvement Committee and is
requesting consensus to waive the fee for the I.T. Parker Center. A consensus was received from
the Commission to waive the fee.
Discussion ensued regarding the future event at this location.
Mayor Ryan requested to donate $1,000.00 from his contingency account to Lighthouse for their
thanksgiving meal. A consensus was received from the Commission.
Mayor Ryan requested to donate $2,000.00 from his contingency account to the Historical
Society. A consensus was received from the Commission.
Commissioner Salvino matched the Mayors contingency requests for Lighthouse and the
Historical Society.
Mayor Ryan emphasized Commissioner James’ prior induction into the University of Miami’s
Women’s Hall of Fame and commemorated her for her achievements.
17. ADJOURNMENT
Mayor Ryan adjourned the meeting at 9:30 p.m.
ATTEST: CITY OF DANIA BEACH
ELORA RIERA, MMC ARCHIBALD J. RYAN IV
CITY CLERK MAYOR
Approved:
City of Dania Beach
Public Services Memorandum
DATE: 9/26/2023
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Fernando J. Rodriguez, Public Services Director
Dincer A. Ozaydin, Deputy Director/ City Engineer
SUBJECT: AUTHORIZATION TO EXECUTE THE SECOND OF TWO 2-YEAR
RENEWAL OPTIONS OF THE EXISTING AGREEMENT FOR BUS STOP
BENCHES AND SHELTERS MAINTENANCE WITH MARTIN GOLD COAST,
LLC
Request:
The Public Services Department (PSD) requests the adoption of a resolution authorizing the
execution of the 2-year renewal of the existing contract with Martin Gold Coast, LLC for the
maintenance of all bus stop benches, bus stop shelters, and associated litter containers on City
rights-of-way.
Background:
City has utilized MGC’s services for nearly the past three years for the provision of maintenance
to all City bus stop benches and bus stop shelters. A total of 55 benches with trash cans and 66
bus shelters are currently installed on City right-of-ways. The maintenance agreement includes
the removal of trash as well as emptying the litter cans at all locations. In addition, routine
repairs for damaged or vandalized benches are provided for the cost of the parts plus 12 percent.
The City is very satisfied with MGC’s level of service and overall dependability. In December
2021, the City exercised the first of two options to renew the agreement for a two-year period,
and now seeks to go ahead with the second renewal option.
Budgetary Impact
The fiscal year 2023-24 budgeted amount for this service is $66,200, and will be funded from
Streets Repair and Maintenance Ground Services Account No. 001-39-06-541-46-50 .
Recommendation
Approval of the resolution authorizing the renewal of the bus stop benches and shelters
maintenance agreement with Marlin Gold Coast, LLC is recommended.
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.
WHEREAS, the City is requesting a renewal of the Agreement with Martin Gold Coast,
LLC (“MGC”) for the second and final two (2) year renewal term for bus stop and shelter
maintenance, including hardware maintenance when needed, of an agreement that expires on
September 30, 2023; and
WHEREAS, the City has used MGC’s services for nearly five years and is very satisfied
with its quality and reliability; and
WHEREAS, the proposed Renewal Agreement with MGC will exceed the annual
vendor threshold of Fifty Thousand Dollars ($50,000.00), therefore requiring City Commission
approval via Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1.That the above “Whereas” clauses are ratified and confirmed as being true
and correct, and they are made a part of and incorporated into this Resolution by this reference.
Section 2.That the proper City officials are authorized to execute the second and
final two (2) year Renewal Agreement, effective October 1, 2023, at the same cost as applicable
to the First Renewal and Amendment dated December 17. 2021, a copy of the Second Renewal
is attached as Exhibit “A” and made a part of and incorporated into this Resolution by this
reference.
Section 3.That funding for the services provided by this Renewal Agreement is
available in the Streets Repair & Maintenance Services Account No. 001-39-06-541-46-50.
Section 4.That the City is authorized to exceed the annual vendor threshold of Fifty
Thousand Dollars ($50,000.00) for the Fiscal Year 2023-24 and all subsequent fiscal years to
which the Renewal Agreement applies.
RESOLUTION #2023-______2
Section 5. That the City Manager and City Attorney are authorized to make minor
revisions to the Renewal Agreement as are deemed necessary and proper and in the best interest
of the City.
Section 6.That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to such extent of such conflict.
Section 7.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
1
SECOND RENEWAL TO AN EXISTING AGREEMENT BETWEEN THE
CITY OF DANIA BEACH, FLORIDA AND MARTIN-GOLD COAST, LLC,
TO PROVIDE MAINTENANCE OF CITY-WIDE BUS SHELTERS AND
TRASH CANS SERVICES.
This is the Second Renewal (the “Renewal”) to an Agreement (the “Agreement”)
existing between the City of Dania Beach, Florida, a Florida municipal corporation (the “City”)
and Martin-Gold Coast, LLC, a Florida limited liability company (the “Contractor”) with its
principal mailing address of 150 NW 70 Avenue, Suite 5, Plantation, Florida 33317 for
providing City-wide bus stop and shelter maintenance. A copy of the Agreement dated
September 18, 2018 and the First Renewal and Amendment dated December 17, 2021 are made
a part of and are incorporated into this Second Renewal by this reference.
In consideration of the mutual covenants, terms and conditions contained in the
Amendment, and other good and valuable consideration, the adequacy and receipt of which are
acknowledged and agreed upon, the parties agree as follows:
1. That the current First Renewal will expire on September 30, 2023.
2. That the cost for the two year renewal period will be Sixty Six Thousand Two
Hundred Dollars ($66,200.00) per year.
3. That the term of the Agreement is extended through and including September 30,
2025.
4. That in all other respects, the Agreement and any and all Exhibits to it, are ratified
and reaffirmed, and remains in full force and effect.
SIGNATURES ON THE FOLLOWING PAGES
2
IN WITNESS OF THE FOREGOING, the parties have executed this Amendment
effective as of ______________________, 2023.
CITY:
ATTEST: CITY OF DANIA BEACH, FLORIDA
a Florida Municipal Corporation
ELORA RIERA ARCHIBALD J. RYAN IV
CITY CLERK MAYOR
APPROVED AS TO LEGAL FORM:
ANA M. GARCIA, ICMA-CM
CITY MANAGER
EVE A. BOUTSIS
CITY ATTORNEY
3
CONTRACTOR:
WITNESSES: MARTIN-GOLD COAST, LLC
a Florida limited liability company
Signature Signature
PRINT Name PRINT Name
Signature Title
PRINT Name Date
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me by means of ☐ physical
presence or ☐ online notarization, on ___________________________, 2023, by
____________________________ as __________________________ of Martin-Gold Coast,
LLC, a Florida limited liability company on behalf of the company He/she is personally known
to me or has produced ____________________________ as identification.
NOTARY PUBLIC
State of Florida
My commission expires:
City of Dania Beach
Public Services Memorandum
DATE: 9/26/2023
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Fernando J. Rodriguez, Public Services Director
Dincer A. Ozaydin, P.E., Deputy Public Services Director/City Engineer
SUBJECT: AUTHORIZATION TO EXECUTE A PROPOSAL WITH (CCNA) SALTZ
MICHELSON ARCHITECTS- FIRE ADMINISTRATION EMERGENCY
OPERATION CENTER
Request:
The Public Services Department (PSD) requests authorization to execute a Consultant’s
Competitive Negotiation Act (CCNA)proposal from Saltz Michelson Architects (SMA) for an
amount not to exceed $404,449.00 for architectural services, including construction
administration for the new City of Dania Beach Fire Administration Emergency Operation
Center (FAEOC), located at 116 West Dania Beach Blvd.
Background:
The City of Dania Beach has identified the need for a new Fire Administration Emergency
Operations Center. The proposed facility will host fire administration, fire prevention training,
and an Emergency Operation Center (FAEOC).SMA was chosen as one of fifteen firms awarded
as an approved “Architectural, Surveying, Landscape, Architecture and Engineering Consulting
Services” under RFQ No. 20-005 per CCNA. The City Commission approved this list on
January 12, 2021, via Resolution No. 2021-007.SMA has been selected as the architectural firm
to provide comprehensive design and planning services for this project due to its extensive
experience in similar EOC and fire design projects.
Budgetary Impact
Funding in the amount of $404,449.00 will be appropriated from the Fire Rescue Capital Project
Design/Professional Services Expenditure Fund Account No. 301-22-04-522-31-10 via a budget
transfer from the ARPA Reserve Account No. 301-18-00-519-99-40.
Recommendation
Staff recommends approval.
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.
WHEREAS, the City of Dania Beach identified the need for a new Fire Administration
Emergency Operations Center and Training Facility (the “Project”) to replace three structures that
cannot be rehabilitated to meet growing department needs, and which Project will serve as the future
City Emergency Operations Center and Information Technology secure datacenter; and
WHEREAS, Saltz Michelson Architects (“SMA”) submitted a proposal for the
comprehensive design, planning, and construction management for the Project in the amount of in
the amount of Four Hundred Four Thousand Four Hundred Forty-Nine Dollars ($404,449.00); and
WHEREAS, SMA was selected as one of fifteen firms for continuing design/engineering
contract services under RFQ No. 20-005, per the Consultants Competitive Negotiation Act
(“CCNA”), awarded under Resolution No. 2021-007, and the City Administration recommends
engaging SMA to conduct the design, planning and construction management services for the
Project under the CCNA continuing contract.
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 funding for the Project in the amount of Four Hundred Four Thousand
Four Hundred Forty-Nine Dollars ($404,449.00) will be appropriated within the Fire Rescue
Capital Design/Professional Services Expenditure Fund Account No. 301-22-04-522-31-10,
funded by a budget transfer from the ARPA Reserve Fund Account No. 301-18-00-519-99-40.
Section 3.That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
2 RESOLUTION #2023-______
Section 4.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
Rev. April 20, 2023
February 6, 2023
January 20, 2022
City of Dania Beach
100 W Dania Beach Blvd
Dania Beach, FL 33004
Attn: Candido Sosa-Cruz
Assistant City Manager
RE: CITY OF DANIA BEACH FIRE ADMINISTRATION AND TRAINING FACILITY
LOCATED AT 116 WEST DANIA BEACH BLVD., DANIA BEACH, FL
SMA #P22266R2
Dear Candido:
Thank you for giving us the opportunity to propose on this project. Attached, please
see our proposal for Architectural services for the design of a new fire administration
and training facility.
Please do not hesitate to contact me should you have any questions. I look
forward to working with you.
Best Regards,
Saltz Michelson Architects, Inc.
Charles A. Michelson, AIA, ACHA, LEED AP
President
CAM:NS:sv
Encl: P22266R2
FT LAUDERDALE
3501 Griffin Rd
Fort Lauderdale, FL 33312
954.266.2700
MIAMI
8400 NW 36th St, Suite 450
Doral, FL 33166
305.764.3138
sma@saltzmichelson.com
saltzmichelson.com
AR0009976
GLOBAL THINKING, LOCALLY MINDED.
PAGE 4
THE FIRM
Founded in 1976, SMA is an architectural firm providing a full range of
architectural and planning services. Our commitment to quality design,
professionalism, and strong-project management allow us to play a key role in
the development of public and private projects throughout Florida.
A prominent local firm with large firm capabilities.
For large, small and projects in-between, our proven best practices and
proactive interaction with all involved parties delivers results that impress on
every level.
SMA delivers a locally aware community partner that has earned a place on the
national stage. Award winning. Industry Advanced. Innovation Embracing. The
proof is in our project portfolio – past, present and glorious future.
our MISSION
Design thoughtful architecture that improves our community.
our VISION
We are part of something bigger. By collaborating as a team in service of our
client, we design thoughtful architecture for our living community.
our VALUES
TEAMWORK
We believe in the power of collaboration.
INTEGRITY
“Always do right. This will gratify some people and astonish the rest.” Mark
Twain.
INNOVATIVE SOLUTIONS
We explore the boundaries of architecture and the evolution of the
connection between for and function.
SERVICE
Our clients and our community are our priority.
THE FIRM
Founded in 1976, SMA is an architectural firm providing a full range of
architectural and planning services. Our commitment to quality design,
professionalism, and strong-project management allow us to play a key role in
the development of public and private projects throughout Florida.
A prominent local firm with large firm capabilities.
For large, small and projects in-between, our proven best practices and
proactive interaction with all involved parties delivers results that impress on
every level.
SMA delivers a locally aware community partner that has earned a place on the
national stage. Award winning. Industry Advanced. Innovation Embracing. The
proof is in our project portfolio – past, present and glorious future.
our MISSION
Design thoughtful architecture that improves our community.
our VISION
We are part of something bigger. By collaborating as a team in service of our
client, we design thoughtful architecture for our living community.
our VALUES
TEAMWORK
We believe in the power of collaboration.
INTEGRITY
“Always do right. This will gratify some people and astonish the rest.” Mark
Twain.
INNOVATIVE SOLUTIONS
We explore the boundaries of architecture and the evolution of the
connection between for and function.
SERVICE
Our clients and our community are our priority.
“We are part of something bigger. By collaborating as a team in service of our
client, we design thoughtful architecture for our living community.”
scope of services
To provide clients with a comprehensive array of services for the development
of many types of medical facilities, Saltz Michelson Architects offers the following
that are available through its in-house staff and consultants:
• Analysis of projected building and land space requirements, including
examination and inventories of existing building usability, if required
• Site selection and development including alternative site determination and
evaluation
• Analysis of the impact of development on the surrounding community in
terms of traffic generation, community services, and local ecology
• Land use, concurrency, platting and zoning analysis
• Financial feasibility studies including budget determination, project
requirements and construction costs
• Master development planning and conceptual design studies
• Tenant coordination and plan review
• Space programming
• Architectural design
• Design development and production of construction documents and
specifications as required for building construction
• Structural engineering
• Mechanical and electrical engineering
• Civil engineering
• Landscape architecture
• Interior design
• Construction administration
• Construction consulting
• Design and signage criteria manuals
• LEED AP Services
• Cost Estimating
• Expert Witness Services
THOUGHTFUL ARCHITECTURE
GLOBAL THINKING, LOCALLY MINDED.
PAGE 6
Professional
Services
Proposal
AR0009976
Rev. April 20, 2023
January 20, 2022
City of Dania Beach
100 W Dania Beach Blvd
Dania Beach, FL 33004
Attn: Candido Sosa-Cruz | Assistant City Manager
Phone: 954.924.6800 ext. 3613
Email: csosacruz@daniabeachfl.gov
RE: City of Dania Beach Fire Administration and Training Facility
Located at 116 West Dania Beach Boulevard, Dania Beach, FL 33304
SMA #P22266R2
Dear Candido,
Thank you for considering SMA as your trusted advisor for this project. We are pleased to
submit the following proposal for design services for the design of a new three-story over
parking, ±6,500 S.F. Fire EOC Facility per the attached exhibit, located in Dania Beach,
Florida.
I. SCOPE OF WORK:
Prepare design and construction documents for the Fire EOC Facility project of
approximately ±6,500 S.F. The building will be three stories of conditioned space over
covered parking.
1. Programming:
a. Review of the project requirements and meet with the Owner as necessary
to fully understand the space requirements and provide a concept design
– Includes monthly inter-dept/agency coordination -progress meetings.
• Fire
• Police
• City Administration
• Finance (includes IT)
• Public Service
2. Schematic Design Phase:
a. Prepare schematic floor plan for the EOC building. This includes three (3)
rounds of revisions per Owner’s comments. Any additional revisions shall be
on an hourly basis. Upon approval of the schematic floor plan, we shall
proceed to generate exterior elevations of the building accordingly.
b. Setup a pre-application meeting with the City of Dania Beach to review
the proposed building floor plans/elevations prior to Site Plan Submittal.
Page 2 of 6
AR0009976 | Proposal No. P22266R2 Initial: SMA _____ Client: _____
c. Once the elevations are finalized, we will prepare the Site Plan Package for
review and approval which shall include the following:
i. Application
ii. Current survey sketch (by others)
iii. Site plan/site tabulation
iv. Proposed floor plans
v. Proposed roof plan
vi. Proposed elevations in black and white and in color
vii. Proposed material sample board and color chips
viii. Landscape plans
ix. Civil engineering plans
x. Site lighting plan
d. Attendance in meetings with governmental agencies and at a public
hearing as required.
-Includes monthly inter- dept/agency coordination- progress meetings.
• Fire
• Police
• City Administration
• Finance (includes IT)
• Public Service
3. Design Development Phase:
a. Upon approval of Schematic Design plan, prepare design development
drawings including Engineers to review utility requirements and identify
changes which will be required for the project.
4. Construction Document Phase
a. The construction drawings shall include Architectural, Structural (as
required), Mechanical, Electrical, Plumbing and Fire Sprinkler engineering
drawings required for building permit. Structural engineering for the
attachment of any new equipment is included. Upon completion of
construction drawings, we shall issue three (3) signed and sealed sets of
drawings for building permit and one (1) set of PDFs for the
Contractor’s/Client’s use.
This fee also includes:
i. Response to Building Department comments, including a narrative
of all revisions.
ii. Response to Requests for Information (RFIs) during bidding and
construction period.
iii. Review and process shop drawings.
b. Interior design selection of finishes.
5. Bidding/Permitting Phase
a. Respond to RFI’s from Sub-Contractors.
b. Participate in a pre-bid walk through with Sub-Consultants.
c. Address questions during the bid period.
Page 3 of 6
AR0009976 | Proposal No. P22266R2 Initial: SMA _____ Client: _____
6. Construction Administration Phase
a. Attend all project meetings and prepare/distribute project meeting
minutes.
b. Address all RFI’s.
c. Address all requests for Change Orders, keeping a Change Order Log for
review by the Owner.
d. Review all shop drawings, keeping a Shop Drawing Log for review by the
Owner.
e. Review all Applications for Payment prior to presenting to the Owner.
f. Conduct Punch list activity at the claim of Substantial Completion by the
Contractor.
II. ASSUMPTIONS:
1. All equipment will be selected by the Owner. Equipment specifications will be
provided to the Architect and Engineer for design.
2. Furniture selection is not included.
3. Civil Engineering is included. Assumes adequate water and sewer has been
provided to the building location. Off-site civil engineering is not included, If
necessary, we will provide an additional service.
4. An up-to-date ALTA survey will be provided by the Client with all utility locations,
grades, elevations, easements, etc. and above ground improvements to the
center line of the streets.
5. Soil Engineer’s services will be provided by the Client. Soil testing, structural footing
recommendations and percolation tests for drainage calculation is not included
and will be provided by the Client. Proposal assumes conventional footings. If
piles are required, a separate fee will be prepared.
6. AutoCAD backgrounds of the survey will be provided by the Client.
7. Permitting is by others. Platting, new easements and variances, if required, are by
a Land Use Attorney (not included).
8. LEED Certification is not included. We propose to use Green Globes; listed below
under fees.
9. Special Inspectors are not included.
10. Park design and areas outside new Fire EOC facility is additional scope.
11. An additional services will be required for inclusion of the existing park space on
the adjacent city property.
III. OPINION OF PROBABLE COST
±6,500 S.F. (Building) @ $450/S.F. = $2,925,000.00
Site Work $250,000.00
±2,400 S.F. Ground Floor Parking @ $200/S.F. = $480,000.00
Total Budget $3,655,000.00
IV. FEE DISTRIBUTION
Firm Discipline Pre-Design/
Programming
Schematic
Design
Includes Site
Planning
Design
Development
50% Construction
Drawings
100% Construction
Documents -
Permitting
Bidding
Assistance/
Permitting
Construction
Administration
SMA Architecture $15,000.00 $38,500.00 $35,000.00 $40,000.00 $40,000.00 $6,000.00 $35,000.00
Bildworx MEP --$39,500.00 ---$7,000.00
Johnson Structural --$4,000.00 $7,000.00 $6,500.00 -$2,000.00
Interlink IT/Low Voltage -$5,026.00 $5,819.00 -$5,336.00 -$2,218.00
Holland Civil Engineering -$7,000.00 $5,000.00 $8,000.00 $9,000.00 $8,000.00 $9,000.00
Thomas White Landscape Arch.-$3,300.00 ----$500.00
$15,000.00 $53,826.00 $89,319.00 $55,000.00 $60,836.00 $14,000.00 $55,718.00
Subtotal $343,699.00
Site Plan Approval (SMA)$16,000.00
$19,500.00
$10,250.00
Total $389,449.00
$15,000.00
Total Per Phase:
Sustainable Design/
Green Globes Certification
Consulting and Engineering
Green Globes
Certification Expenses
Reimbursable Budget
Page 5 of 6
AR0009976 | Proposal No. P22266R2 Initial: SMA _____ Client: _____
Candido, we welcome the opportunity of assisting you in this project. If you have any
questions with regards to the above information, please do not hesitate to contact our
offices, and if this proposal meets with your approval, please sign this letter, and initial all
the attachments and return our records.
All the terms of this agreement are in accordance with our current agreement with The
City of Dania Beach.
We look forward to working with you on this project.
Charles A. Michelson, AIA, ACHA, LEED AP
President
Attachments: None
CAM:jw M:\Proposals\2022 Proposals\P22266 CITY OF DANIA BEACH (Design of a New Fire EOC Facility)\R2
GLOBAL THINKING, LOCALly MINDED.
3501 Griffin Road, Fort Lauderdale, FL 33312 954.266.2700 WWW.SALTZMICHELSON.COM
City of Dania Beach
Public Services Memorandum
DATE: 9/26/2023
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Fernando J. Rodriguez, Public Services Director
Dincer A. Ozaydin, Deputy Director/City Engineer
SUBJECT: APPROVAL OF A RESOLUTION TO ENTER INTO AN AGREEMENT WITH
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR
FUNDING THE SW 52nd STREET STORMWATER IMPROVEMENT
PROJECT
Request:
The Public Services Department (PSD) requests approval of a resolution authorizing a funding
agreement with the Florida Department of Environmental Protection (FDEP) for the “SW 52nd
Street Stormwater Improvement Project.”
Background:
On December 8, 2020, following a presentation on stormwater projects the City Commission
authorized the SW 52nd Street Stormwater Improvement Project (Project) and other
neighborhood drainage projects to address chronic flooding. Subsequently, the Public Services
Department (PSD) engaged Chen Moore and Associates to design, prepare construction
documents, process permits, and provide post-design services for the Project.
In January 2023, the City of Dania Beach requested funds from the Florida State Legislature to
assist in funding the SW 52nd Street Stormwater Improvement Project. The Florida State
Legislature approved the City's funding request and awarded $500,000.00 for the Project. The
funding is through a grant agreement with the FDEP. (Public Services).
Budgetary Impact
The Florida Department of Environmental Protection grant will decrease the City’s costs for the
Project by $500,000.00. The grant does not require the City to match funds.
Recommendation
Staff recommends approval.
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.
WHEREAS, on December 8, 2020, the City Commission authorized the SW 52nd Street
Stormwater Improvement Project (Project), along with other neighborhood drainage projects, to
address chronic flooding; and
WHEREAS, the City of Dania Beach requested state funding from the Florida State
Legislature for the 2023 Legislative Session for the SW 52nd Street Stormwater Improvement
Project; and
WHEREAS, the Florida State Legislature awarded the City of Dania Beach Five Hundred
Thousand Dollars ($500,000.00) for the SW 52nd Street Stormwater Improvement Project; and
WHEREAS, the City Administration supports the SW 52nd Street Stormwater
Improvement Project and recognizes the benefit of receiving funding from the Florida State
Legislature as described in the Agreement attached as “Exhibit A”, which is made a part of and is
incorporated into this Resolution by this reference.
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 accept and execute an
Agreement on behalf of the City of Dania Beach, Florida with the Florida Department of
Environmental Protection in the amount of Five Hundred Thousand Dollars ($500,000.00), to
provide funding for the SW 52nd Street Stormwater Improvement Project.
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.
2 RESOLUTION #2023-______
Section 4.That funding will be appropriated within the Grant Fund.
Section 5.That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6.That this Resolution shall become effective 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 ______
ATTEST:
ELORA RIERA, MMC ARCHIBALD J. RYAN IV
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
DEP Agreement No.
Rev. 10//22
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Standard Grant Agreement
This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes:
1. Project Title (Project): Agreement Number:
2. Parties State of Florida Department of Environmental Protection,
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
(Department)
Entity Type:Grantee Name:
Grantee Address: FEID:
(Grantee)
3. Agreement Begin Date:
Date of Expiration:
4. Project Number:
(If different from Agreement Number)
Project Location(s):
Project Description:
5. Total Amount of Funding: Funding Source? Award #s or Line Item Appropriations: Amount per Source(s):
܆ State ܆Federal $
܆ State ܆Federal $
܆ Grantee Match $
Total Amount of Funding + Grantee Match, if any: $
6. Department’s Grant Manager Grantee’s Grant Manager
Name: Name:
or successor or successor
Address: Address:
Phone: Phone:
Email: Email:
7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
incorporated by reference:
܆ Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements
܆ Attachment 2: Special Terms and Conditions
܆ Attachment 3: Grant Work Plan
܆ Attachment 4: Public Records Requirements
܆ Attachment 5: Special Audit Requirements
܆ Attachment 6: Program-Specific Requirements
܆ Attachment 7: Grant Award Terms (Federal) *Copy available at https://facts.fldfs.com, in accordance with §215.985, F.S.
܆ Attachment 8: Federal Regulations and Terms (Federal)
܆ Additional Attachments (if necessary):
܆ Exhibit A: Progress Report Form
܆ Exhibit B: Property Reporting Form
܆ Exhibit C: Payment Request Summary Form
܆ Exhibit D: Quality Assurance Requirements
܆ Exhibit E: Advance Payment Terms and Interest Earned Memo
܆ Exhibit F: Common Carrier or Contracted Carrier Attestation Form PUR1808
܆ Additional Exhibits (if necessary):
DEP Agreement
Dania Beach SW 52nd Street Stormwater Improvement Project
Upon Execution March 31, 2025
$ 500,000.00
LP, GAA LI 1705A, FY 23-24, GR 500,000.00
Kate Pace Colin Donnelly
3900 Commonwealth Blvd., MS 3570
Tallahassee, FL 32309-3000
100 W Dania Beach
Dania Beach, FL 33004
1 (850) 245-2864 1 (954) 924-6800 (ext. 3618)
LPA0506
City of Dania Beach Local Government
100 W Dania Beach Blvd 59-6000302
City of Dania Beach, Broward County
The Grantee will construct inlets and piping and regrade swales in the road right of way to connect to an existing storm water
network.
katelyn.pace@floridadep.gov cdonnelly@daniabeachfl.gov
LPA0506
500,000.00
DEP Agreement No.
Rev. //2
8.
Federal Award Identification Number(s) (FAIN):
Federal Award Date to Department:
Total Federal Funds Obligated by this Agreement:
Federal Awarding Agency:
Award R&D? ܆ Yes ܆N/A
,1:,71(66:+(5(2)WKLV$JUHHPHQWVKDOOEHHIIHFWLYHRQWKHGDWHLQGLFDWHGE\WKH$JUHHPHQW%HJLQ'DWHXQOHVV
DQRWKHUGDWHLVVSHFLILHGLQWKHJUDQWGRFXPHQWV
GRANTEE
By
(Authorized Signature) Date Signed
Print Name and Title of Person Signing
State of Florida Department of Environmental Protection DEPARTMENT
By
Secretary or Designee Date Signed
Print Name and Title of Person Signing
܆ Additional signatures attached on separate page.
7KHIROORZLQJLQIRUPDWLRQDSSOLHVWR)HGHUDO*UDQWVRQO\DQGLVLGHQWLILHGLQDFFRUGDQFHZLWK&)5 D
Ana M. Garcia, City Manager
Angela Knecht, Director, Division of Water Restoration Assistance
LPA0506
City of Dania Beach
':5$Additional Signatures
______________________________________________
.DWH3DFH'(3*UDQW0DQDJHU
_______________________________________________
$PDQGD3HFN'(34&5HYLHZHU
Attachment 1
1 of 13
Rev. 7/12/2023
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STANDARD TERMS AND CONDITIONS
APPLICABLE TO GRANT AGREEMENTS
ATTACHMENT 1
1. Entire Agreement.
This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement),
constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior
agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on
Grantee’s forms or invoices shall be null and void.
2. Grant Administration.
a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the
order of precedence for interpretation of the Agreement is as follows:
i. Standard Grant Agreement
ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant
Agreement
iii. Attachment 1, Standard Terms and Conditions
iv. The Exhibits in the order designated in the Standard Grant Agreement
b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall
be obtained by or sent to the parties’ Grant Managers. All written communication shall be by electronic mail,
U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected
by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when
receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered
delivered at the earliest delivery time.
c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name
and contact information of the new Grant Manager will be submitted in writing to the other party and maintained
in the respective parties’ records. A change of Grant Manager does not require a formal amendment or change
order to the Agreement.
d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement
between both parties. A formal amendment to this Agreement is required for changes which cause any of the
following:
(1) an increase or decrease in the Agreement funding amount;
(2) a change in Grantee’s match requirements;
(3) a change in the expiration date of the Agreement; and/or
(4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in
Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget
as last approved by Department.
A change order to this Agreement may be used when:
(1) task timelines within the current authorized Agreement period change;
(2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work
Plan, are less than twenty percent (20%) of the total budget as last approved by Department;
(3) changing the current funding source as stated in the Standard Grant Agreement; and/or
(4) fund transfers between budget categories for the purposes of meeting match requirements.
This Agreement may be amended to provide for additional services if additional funding is made available by the
Legislature.
e. All days in this Agreement are calendar days unless otherwise specified.
3. Agreement Duration.
The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless
extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible
for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement,
unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the
execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and
Conditions.
Attachment 1
2 of 13
Rev. 7/12/2023
4. Deliverables.
The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan.
The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined
in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department
making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set
forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement.
5. Performance Measures.
The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the
kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and
workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not
knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its
employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes,
if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate
or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement
requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable
does not foreclose Department’s remedies in the event deficiencies in the deliverable cannot be readily measured at
the time of delivery.
6. Acceptance of Deliverables.
i. Acceptance Process. All deliverables must be received and accepted in writing by Department’s Grant Manager
before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain
outstanding, within a reasonable time at Grantee’s expense. If Department’s Grant Manager does not accept the
deliverables within 30 days of receipt, they will be deemed rejected.
ii. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant
Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee’s lack of satisfactory
performance under the terms of this Agreement. The Grantee’s efforts to correct the rejected deliverables will
be at Grantee’s sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or
activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated
invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made
acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may
allow additional time within which Grantee may remedy the objections noted by Department. The Grantee’s
failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an
event of default.
7. Financial Consequences for Nonperformance.
a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or
Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the
Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences
for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered
penalties.
b. Invoice reduction
If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each
day the deadline is missed, unless an extension is approved in writing by the Department.
c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified
timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be
submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies
in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days.
i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from
Department. The CAP shall be sent to the Department’s Grant Manager for review and approval.
Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the
CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from
receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to
obtain Department approval of a CAP as specified above may result in Department’s termination of
this Agreement for cause as authorized in this Agreement.
ii. Upon Department’s notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to
commence implementation of the accepted plan. Acceptance of the proposed CAP by Department
does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails
to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to
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require additional or further remedial steps, or to terminate this Agreement for failure to perform.
No actions approved by Department or steps taken by Grantee shall preclude Department from
subsequently asserting any deficiencies in performance. The Grantee shall continue to implement
the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to
Department as requested by Department’s Grant Manager.
iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by Department may result in termination of the
Agreement.
8. Payment.
a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable
established by the Grant Work Plan, and the billing procedures established by Department, Department agrees
to pay Grantee for services rendered in accordance with section 215.422, Florida Statutes (F.S.).
b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee,
however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or
for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with
Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee
shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this
Agreement.
c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an
amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of
this Project are the responsibility of Grantee.
d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs
upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan.
Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for
reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State
funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the
following web address: https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state-
agencies/reference-guide-for-state-expenditures.pdf.
e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department
pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and
post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in
accordance with the Grant Work Plan.
f. State Funds Documentation. Pursuant to section 216.1366, F.S., if Contractor meets the definition of a non-profit
organization under section 215.97(2)(m), F.S., Contractor must provide the Department with documentation that
indicates the amount of state funds:
i. Allocated to be used during the full term of the contract or agreement for remuneration to any
member of the board of directors or an officer of Contractor.
ii. Allocated under each payment by the public agency to be used for remuneration of any member of
the board of directors or an officer of the Contractor.
The documentation must indicate the amounts and recipients of the remuneration. Such information must be
posted on the State’s the contract tracking system and maintained pursuant to section 215.985, F.S., and must be
posted on the Contractor’s website, if Contractor maintains a website.
g. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of
deliverables to date have first been accepted in writing by Department's Grant Manager.
h. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days
following the expiration date of the Agreement to ensure the availability of funds for payment. However, all
work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the
Agreement.
i. Annual Appropriation Contingency. The State’s performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future
appropriations. Authorization for continuation and completion of work and any associated payments may be
rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates
appropriations.
j. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by
the State Board of Administration. To obtain the applicable interest rate, please refer to:
www.myfloridacfo.com/Division/AA/Vendors/default.htm.
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k. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must
be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled
under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds
and the Department is required to refund the federal government, the Grantee shall refund the Department its
share of those funds.
9. Documentation Required for Cost Reimbursement Grant Agreements and Match.
If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following
conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match
requirements for the following budget categories:
a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent
on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or
match requirements.
b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for
multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates)
shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates
supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of
written notification. Interest shall be charged on the excessive rate.
c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that required from Grantee.
Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate
per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect,
and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers
charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such
funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive
rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased
for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274, F.S., and
Chapter 69I-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable. The Grantee
shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase
of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its
subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors.
i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may
award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the
work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed-
price subcontracted activities shall be supported with a copy of the subcontractor’s invoice and a
copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request
for Proposals, or other similar competitive procurement document) resulting in the fixed-price
subcontract. The Grantee may request approval from Department to award a fixed-price subcontract
resulting from procurement methods other than those identified above. In this instance, Grantee shall
request the advance written approval from Department’s Grant Manager of the fixed price
negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of
Services to be performed by the subcontractor. Upon receipt of Department Grant Manager’s
approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract.
ii. If the procurement is subject to the Consultant’s Competitive Negotiation Act under section
287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has
complied with the statutory or federal requirements.
d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061,
F.S.
e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing
$5,000 or more. Match or reimbursement for Grantee’s direct purchase of equipment is subject to specific
approval of Department, and does not include any equipment purchased under the delivery of services to be
completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly
completed Exhibit B, Property Reporting Form.
f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies
of invoices or receipts to document charges.
g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded
phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the
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terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of
receipts or invoices. Additionally, independent of Grantee’s contract obligations to its subcontractor, Department
shall not reimburse any of the following types of charges: cell phone usage; attorney’s fees or court costs; civil
or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or
equipment.
h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property
(including access rights through ingress/egress easements, leases, license agreements, or other site access
agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the
following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal
Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing
Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting
acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee
agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds.
10. Status Reports.
The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A,
Progress Report Form, to Department’s Grant Manager describing the work performed during the reporting period,
problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period.
Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting
period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30,
September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty
(30) days.
11. Retainage.
The following provisions apply if Department withholds retainage under this Agreement:
a. The Department reserves the right to establish the amount and application of retainage on the work performed
under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions.
Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval
of all deliverables.
b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Grantee shall
forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not
limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work
was actually performed. The Department shall provide written notification to Grantee of the failure to perform
that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe
stated in Department’s notice, the retainage will be forfeited to Department.
c. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided
Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Agreement.
12. Insurance.
a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees
and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as
described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors, if any, to
make compliance with the insurance requirements of this Agreement a condition of all contracts that are related
to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request.
b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a
deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the
Grantee providing such insurance.
c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation
demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of
any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish
Department with proof of applicable insurance coverage by standard form certificates of insurance, a self-
insured authorization, or other certification of self-insurance.
d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any
reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such
cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide
proof of such replacement coverage within ten (10) days after the cancellation of coverage.
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e. Insurance Trust. If the Grantee’s insurance is provided through an insurance trust, the Grantee shall instead add
the Department of Environmental Protection, its employees, and officers as an additional covered party
everywhere the Agreement requires them to be added as an additional insured.
13. Termination.
i. Termination for Convenience. When it is in the State’s best interest, Department may, at its sole discretion,
terminate the Agreement in whole or in part by giving 30 days’ written notice to Grantee. The Department shall
notify Grantee of the termination for convenience with instructions as to the effective date of termination or the
specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for
work to be paid under this Agreement within thirty (30) days of the effective date of termination. The
Department shall not pay any invoices received after thirty (30) days of the effective date of termination.
ii. Termination for Cause. The Department may terminate this Agreement if any of the events of default described
in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other
obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that
the default was excusable, the rights and obligations of the parties shall be the same as if the termination had
been issued for the convenience of Department. The rights and remedies of Department in this clause are in
addition to any other rights and remedies provided by law or under this Agreement.
iii. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination
unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and
to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement
not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for
that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to
recover any cancellation charges or lost profits.
iv. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation,
or termination of the Agreement, Grantee shall continue to provide Department with those services for which it
has already been paid or, at Department’s discretion, Grantee shall provide a refund for services that have been
paid for but not rendered.
v. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided
under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition
of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative
obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant
Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as
necessary to complete the transition or continued portion of the Agreement, if any.
14. Notice of Default.
If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of
the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under
the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting
the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will
be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default
notice.
15. Events of Default.
Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non-
exclusive list of events, acts, or omissions, shall constitute events of default:
a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a
material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of
the performance of the work, failure to resume work that has been discontinued within a reasonable time after
notice to do so, or abandonment of the Agreement;
b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department
of such, made by the Grantee in this Agreement or in its application for funding;
c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect,
incomplete, or insufficient information;
d. Failure to honor any term of the Agreement;
e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking
the certificate of authority granted to the Grantee by a state or other licensing authority;
f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to
any other entities as required by this Agreement;
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g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the
Immigration and Nationality Act;
h. Failure to maintain the insurance required by this Agreement;
i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the
specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate
assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations
under the Agreement:
i. Entry of an order for relief under Title 11 of the United States Code;
ii. The making by Grantee of a general assignment for the benefit of creditors;
iii. The appointment of a general receiver or trustee in bankruptcy of Grantee’s business or property;
and/or
iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy,
reorganization, or liquidation.
16. Suspension of Work.
The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is
in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars
of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration
of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice.
Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing
resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is
terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days’ notice
required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional
compensation.
17. Force Majeure.
The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence
of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts
of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee’s control, or for any of the
foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of
any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay
and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first
arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably
foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE
FOREGOING SHALL CONSTITUTE THE GRANTEE’S SOLE REMEDY OR EXCUSE WITH RESPECT
TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No
claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be
entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or
inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If
performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after
the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole
discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department
may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment
to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to
and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject
of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or
in part.
18. Indemnification.
a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall
fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits,
actions, damages, and costs of every name and description arising from or relating to:
i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in
part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee
shall not indemnify for that portion of any loss or damages proximately caused by the negligent act
or omission of Department;
ii. the Grantee’s breach of this Agreement or the negligent acts or omissions of Grantee.
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b. The Grantee’s obligations under the preceding paragraph with respect to any legal action are contingent upon
Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over
and settle or defend any such action at Grantee’s sole expense; and (3) assistance in defending the action at
Grantee’s sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made
by Department in any legal action without Grantee’s prior written consent, which shall not be unreasonably
withheld.
c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to
Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the
negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity or the provisions of section 768.28, F.S. Further, nothing herein
shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter
arising out of any contract or this Agreement.
d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume
liability for Grantee’s negligence, waive Department’s sovereign immunity under the laws of Florida, or
otherwise impose liability on Department for which it would not otherwise be responsible. Any provision,
implication or suggestion to the contrary is null and void.
19. Limitation of Liability.
The Department’s liability for any claim arising from this Agreement is limited to compensatory damages in an amount
no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in
compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000.
20. Remedies.
Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this
Agreement, including financial consequences for nonperformance, shall limit Department’s right to pursue its
remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to
other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due
Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it.
21. Waiver.
The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute
or be deemed a waiver of Department’s right thereafter to enforce those rights, nor shall any single or partial exercise
of any such right preclude any other or further exercise thereof or the exercise of any other right.
22. Statutory Notices Relating to Unauthorized Employment and Subcontracts.
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized
aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible
for including this provision in all subcontracts with private organizations issued as a result of this Agreement.
b. Pursuant to sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on
the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list:
i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public work; may
not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded
or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of the threshold amount
provided in section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the
date of being placed on the convicted vendor list.
ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor
list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or replies
on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity.
iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator
vendor list following a conviction or being held civilly liable for an antitrust violation may not
submit a bid, proposal, or reply on any contract to provide any good or services to a public entity;
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may not submit a bid, proposal, or reply on any contract with a public entity for the construction or
repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real
property to a public entity; may not be awarded or perform work as a Grantee, supplier,
subcontractor, or consultant under a contract with a public entity; and may not transact new business
with a public entity.
iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or
consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust
violator vendor list during the life of the Agreement. The Florida Department of Management
Services is responsible for maintaining the discriminatory vendor list and the antitrust violator
vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or
antitrust violator vendor list may be directed to the Florida Department of Management Services,
Office of Supplier Diversity, at (850) 487-0915.
23. Compliance with Federal, State and Local Laws.
a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited
to, nondiscrimination, wages, social security, workers’ compensation, licenses, and registration requirements.
The Grantee shall include this provision in all subcontracts issued as a result of this Agreement.
b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination
in performance of this Agreement.
c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for
any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the
Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be
responsible for their own attorney fees incurred in connection with disputes arising under the terms of this
Agreement.
24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding.
This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local
Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where
there is a valid waiver in place. However, the provision may apply to funds expended before the waiver
or after expiration of the waiver.
If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for
infrastructure are required to comply with the Build America, Buy America Act (BABA), including the
following provisions:
a. All iron and steel used in the project are produced in the United States--this means all manufacturing processes,
from the initial melting stage through the application of coatings, occurred in the United States;
b. All manufactured products used in the project are produced in the United States-this means the manufactured
product was manufactured in the United States; and the cost of the components of the manufactured product
that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all
components of the manufactured product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under applicable law or regulation; and
c. All construction materials are manufactured in the United States-this means that all manufacturing processes for
the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated
into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as
temporary scaffolding, brought to the construction site and removed at or before the completion of the
infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable
chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but
are not an integral part of the structure or permanently affixed to the infrastructure project.
25. Investing in America
Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the
Inflation Reduction Act, including the following provision:
i. Signage Requirements
a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction
sites supported in whole or in part by this award displaying the official Investing in America
emblem and must identify the project as a “project funded by President Biden’s Bipartisan
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Infrastructure Law” or “project funded by President Biden’s Inflation Reduction Act” as
applicable. The sign must be placed at construction sites in an easily visible location that can be
directly linked to the work taking place and must be maintained in good condition throughout the
construction period.
The recipient will ensure compliance with the guidelines and design specifications provided by
EPA for using the official Investing in America emblem available at:
https://www.epa.gov/invest/investing-america-signage.
b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323,
recipients are encouraged to use recycled or recovered materials when procuring signs. Signage
costs are considered an allowable cost under this assistance agreement provided that the costs
associated with signage are reasonable. Additionally, to increase public awareness of projects
serving communities where English is not the predominant language, recipients are encouraged to
translate the language on signs (excluding the official Investing in America emblem or EPA logo
or seal) into the appropriate non-English language(s). The costs of such translation are allowable,
provided the costs are reasonable.
26. Scrutinized Companies.
i. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a
boycott of Israel. Pursuant to section 287.135, F.S., the Department may immediately terminate this
Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the
Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott
of Israel during the term of the Agreement.
ii. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the
Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in
section 287.135, F.S. Pursuant to section 287.135, F.S., the Department may immediately terminate
this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if
the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business
operations in Cuba or Syria during the term of the Agreement.
iii. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting
prohibitions, then they shall become inoperative.
27. Lobbying and Integrity.
The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying
the Legislature or a State agency pursuant to section 216.347, F.S., except that pursuant to the requirements of section
287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the
executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that
agreement. The Grantee shall comply with sections 11.062 and 216.347, F.S.
28. Record Keeping.
The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in
accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The
Department, the State, or their authorized representatives shall have access to such records for audit purposes during
the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In
the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes. Upon request of Department’s Inspector General, or other authorized
State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee’s
integrity or responsibility. Such information may include, but shall not be limited to, Grantee’s business or financial
records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such
records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the
General Records Schedules maintained by the Florida Department of State (available at:
http://dos.myflorida.com/library-archives/records-management/general-records-schedules/).
29. Audits.
a. Inspector General. The Grantee understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the
inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this
duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this
requirement, in writing, on its sub-grantees and/or subcontractors, respectively.
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b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect
work being performed under this Agreement, with reasonable notice and during normal business hours, including
by any of the following methods:
i. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment, materials or documents;
ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement; and,
iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment
5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an
updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include
in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the
Department’s Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state)
identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal
financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether
the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the
form entitled “Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination” (form
number DFS-A2-NS) that can be found under the “Links/Forms” section appearing at the following website:
https:\\apps.fldfs.com\fsaa.
d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein,
Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to
the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable.
Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR
200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect,
general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty
(30) days of such request.
e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not
commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees
are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds
specifically budgeted and/or received for one project may not be used to support another project. Where a
Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient,
shall establish a system to provide adequate fund accountability for each project it has been awarded.
i. If Department finds that these funds have been commingled, Department shall have the right to
demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement
for non-compliance with the material terms of this Agreement. The Grantee, upon such written
notification from Department shall refund, and shall forthwith pay to Department, the amount of
money demanded by Department. Interest on any refund shall be calculated based on the prevailing
rate used by the State Board of Administration. Interest shall be calculated from the date(s) the
original payment(s) are received from Department by Grantee to the date repayment is made by
Grantee to Department.
ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by
Department, from another source(s), Grantee shall reimburse Department for all recovered funds
originally provided under this Agreement and interest shall be charged for those recovered costs as
calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is
made to Department.
iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do
not apply to agreements where payments are made purely on a cost reimbursement basis.
30. Conflict of Interest.
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any
manner or degree with the performance of services required.
31. Independent Contractor.
The Grantee is an independent contractor and is not an employee or agent of Department.
32. Subcontracting.
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a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed
solely by Grantee.
b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For
cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status,
or non-compliance with an applicable Department policy or other requirement.
c. The Department may, for cause, deny access to Department’s secure information or any facility by any Grantee
employee, subcontractor, or agent.
d. The Department’s actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work
in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any
subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under
any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred
under any subcontract.
e. The Department will not deny Grantee’s employees, subcontractors, or agents access to meetings within the
Department’s facilities, unless the basis of Department’s denial is safety or security considerations.
f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities
afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full
diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting
opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915.
g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by
the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both
Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products
or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery
schedule.
33. Guarantee of Parent Company.
If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will
guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee
is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new
parent company guarantee all of the obligations of Grantee.
34. Survival.
The respective obligations of the parties, which by their nature would continue beyond the termination or expiration
of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and
public records, shall survive termination, cancellation, or expiration of this Agreement.
35. Third Parties.
The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its
agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This
Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If
Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third-
party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement.
36. Severability.
If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions
are severable to that void provision, and shall remain in full force and effect.
37. Grantee’s Employees, Subcontractors and Agents.
All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained
technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of
technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under
Agreement must comply with all security and administrative requirements of Department and shall comply with all
controlling laws and regulations relevant to the services they are providing under the Agreement.
38. Assignment.
The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under
any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event
of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly
waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its
intent to do so.
39. Compensation Report.
If this Agreement is a sole-source, public-private agreement or if the Grantee, through this agreement with the State,
annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the
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Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for
the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed-in leave, cash
equivalents, severance pay, retirement benefits, deferred compensation, real-property gifts, and any other payout.
The Grantee must also inform the Department of any changes in total executive compensation between the annual
reports. All compensation reports must indicate what percent of compensation comes directly from the State or
Federal allocations to the Grantee.
40. Execution in Counterparts and Authority to Sign.
This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts,
each of which shall be an original and all of which shall constitute the same instrument. In accordance with the
Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have
the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly
authorized to do so and to bind the respective party to the Agreement.
Attachment 2
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Rev. 10/11/2022
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Terms and Conditions
AGREEMENT NO. LPA0506
ATTACHMENT 2
These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and
Conditions, Attachment 1. Where in conflict, these more specific terms shall apply.
1. Scope of Work.
The Project funded under this Agreement is the Dania Beach SW 52nd Street Stormwater Improvement Project. The
Project is defined in more detail in Attachment 3, Grant Work Plan.
2. Duration.
a. Reimbursement Period. The reimbursement period for this Agreement begins on July 1, 2023 and ends at the
expiration of the Agreement.
b. Extensions. There are extensions available for this Project.
c. Service Periods. Additional service periods are not authorized under this Agreement.
3. Payment Provisions.
a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this
Agreement as described in Attachment 3.
b. Invoicing. Invoicing will occur as indicated in Attachment 3.
c. Advance Pay. Advance Pay is not authorized under this Agreement.
4. Cost Eligible for Reimbursement or Matching Requirements.
Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following
budget categories, as defined in the Reference Guide for State Expenditures, as indicated:
Reimbursement Match Category
տ ܆ Salaries/Wages
Overhead/Indirect/General and Administrative Costs:
տ տ a. Fringe Benefits, N/A.
տ տ b. Indirect Costs, N/A.
܈ տ Contractual (Subcontractors)
տտTravel, in accordance with Section 112, F.S.
տտEquipment
տտRental/Lease of Equipment
տտMiscellaneous/Other Expenses
տտLand Acquisition
5. Equipment Purchase.
No Equipment purchases shall be funded under this Agreement.
6. Land Acquisition.
There will be no Land Acquisitions funded under this Agreement.
7. Match Requirements
There is no match required on the part of the Grantee under this Agreement.
8. Insurance Requirements
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Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance
coverage of such types and with such terms and limits described below. The limits of coverage under each policy
maintained by the Grantee shall not be interpreted as limiting the Grantee’s liability and obligations under the
Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or
alternatively, Grantee may provide coverage through a self-insurance program established and operating under the
laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this
Agreement, however the minimum insurance requirements applicable to this Agreement are:
a. Commercial General Liability Insurance.
The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability
insurance at all times during the Agreement. The Department, its employees, and officers shall be named
as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each
occurrence and $500,000 policy aggregate.
b. Commercial Automobile Insurance.
If the Grantee’s duties include the use of a commercial vehicle, the Grantee shall maintain automobile
liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property
damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall
be named as an additional insured on any automobile insurance policy. The minimum limits shall be as
follows:
$200,000/300,000 Automobile Liability for Company-Owned Vehicles, if applicable
$200,000/300,000 Hired and Non-owned Automobile Liability Coverage
c. Workers’ Compensation and Employer’s Liability Coverage.
The Grantee shall provide workers’ compensation, in accordance with Chapter 440, F.S. and employer
liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000
policy aggregate. Such policies shall cover all employees engaged in any work under the Grant.
d. Other Insurance. None.
9. Quality Assurance Requirements.
There are no special Quality Assurance requirements under this Agreement.
10. Retainage.
Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10% of the total amount of the
Agreement.
11. Subcontracting.
The Grantee may subcontract work under this Agreement without the prior written consent of the Department’s
Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval.
The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for
subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be
performed under this Agreement.
12. State-owned Land.
The work will not be performed on State-owned land.
13. Office of Policy and Budget Reporting.
The Grantee will identify the expected return on investment for this project and provide this information to the
Governor’s Office of Policy and Budget (OPB) within three months of execution of this Agreement. For each full
calendar quarter thereafter, the Grantee will provide quarterly update reports directly to OPB, no later than 20 days
after the end of each quarter, documenting the positive return on investment to the state that results from the
Grantee’s project and its use of funds provided under this Agreement. Quarterly reports will continue until the
Grantee is instructed by OPB that no further reports are needed, or until the end of this Agreement, whichever
occurs first. All reports shall be submitted electronically to OPB at env.roi@laspbs.state.fl.us, and a copy shall also
be submitted to the Department at legislativeaffairs@floridaDEP.gov.
14. Common Carrier.
a. Applicable to contracts with a common carrier – firm/person/corporation that as a regular business
transports people or commodities from place to place. If applicable, Contractor must also fill out and
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return PUR 1808 before contract execution] If Contractor is a common carrier pursuant to section
908.111(1)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is
found to be in violation of the law or the attestation in PUR 1808.
b. Applicable to solicitations for a common carrier – Before contract execution, the winning Contractor(s)
must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of
transporting a person into this state knowing that the person unlawfully present in the United States
according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The
Department will terminate a contract immediately if Contractor is found to be in violation of the law or the
attestation in PUR 1808
15. Additional Terms.
None.
Any terms added here must be approved by the Office of General Counsel.
DEP Agreement No. LPA0506, Attachment 3, Page 1 of 2
ATTACHMENT 3
GRANT WORK PLAN
PROJECT TITLE: Dania Beach SW 52nd Street Stormwater Improvement Project
PROJECT LOCATION: The Project will be located in the City of Dania Beach within Broward County;
Lat/Long (26.0574, -80.2040). See Figure 1 for a location map.
PROJECT BACKGROUND: The City of Dania Beach’s (Grantee) SW 52nd Street is a low-lying
residential roadway with no existing stormwater infrastructure, which causes flooding during storm events.
A study was conducted in the neighborhood in 2017 to model the project area, to determine deficiencies
and recommend stormwater improvements to alleviate flooding. Recommendations from the study that will
be addressed through this project will be to regrade the right of way swales, construction of inlets and piping
and connecting them to a storm water network along SW 43rd Terrace that discharges to a nearby lake.
These improvements will provide additional water quality and provide an outlet for the stormwater runoff
to discharge offsite, overall reducing the flooding depth and flooding duration in the neighborhood.
PROJECT DESCRIPTION: The Grantee will construct inlets and piping and regrade swales in the road
right of way to connect to an existing storm water network. The project will install approximately five (5)
“Type C” Drain Structures; ten (10) 48-inch drainage catch basins; 200 linear feet of 15-inch Reinforced
Concrete Pipe (RCP) drainage pipe; and 18-inch RCP drainage pipe.
TASKS: All documentation should be submitted electronically unless otherwise indicated.
Task 1: Construction
Deliverables: The Grantee will construct the Dania Beach SW 52nd Street Stormwater Improvement Project
in accordance with the construction contract documents.
Documentation: The Grantee will submit: 1) a copy of the final design; 2) a signed acceptance of the
completed work to date, as provided in the Grantee’s Certification of Payment Request; and 3) a signed
Engineer’s Certification of Payment Request.
Performance Standard: The Department’s Grant Manager will review the documentation to verify that
the deliverables have been completed as described above. Upon review and written acceptance by the
Department’s Grant Manager, the Grantee may proceed with payment request submittal.
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more
frequently than monthly.
PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all documentation
received by, the corresponding task end date. Cost reimbursable grant funding must not exceed the budget
amounts as indicated below.
Task
No. Task Title Budget Category Grant
Amount
Task
Start Date
Task
End Date
1 Construction Contractual Services $500,000 07/01/2023 09/30/2024
Total: $500,000
DEP Agreement No. LPA0506, Attachment 3, Page 2 of 2
Figure 1: Location Map
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Attachment 4
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Rev. 4/27/2018
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Public Records Requirements
Attachment 4
1. Public Records.
a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services
under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless
of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the
Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida
Constitution or section 119.07(1), F.S.
b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records
as required by law.
2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable.
For the purposes of this paragraph, the term “contract” means the “Agreement.” If Grantee is a “contractor” as
defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall:
a. Keep and maintain Public Records required by Department to perform the service.
b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or
as otherwise provided by law.
c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to
penalties under section 119.10, F.S.
d. 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 Public Records to Department.
e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor
or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all
Public Records to Department 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 Public Records stored electronically must be provided to Department,
upon request from Department’s custodian of Public Records, in a format specified by Department as compatible with
the information technology systems of Department. These formatting requirements are satisfied by using the data
formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the
contractor is authorized to access.
f.IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, F.S., TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT’S
CUSTODIAN OF PUBLIC RECORDS AT:
Telephone: (850) 245-2118
Email:public.services@floridadep.gov
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
Attachment 5
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BGS-DEP 55-215 revised 11/8/2022
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Audit Requirements
(State and Federal Financial Assistance)
Attachment 5
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be
referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring
by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and
Section 215.97, F.S., as revised (see “AUDITS” below), monitoring procedures may include, but not be limited to,
on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any
additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees
to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief
Financial Officer (CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR
§200.330
1. A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program-
specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this
Attachment indicates Federal funds awarded through the Department of Environmental Protection by this
Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all
sources of federal awards, including federal resources received from the Department of Environmental
Protection. The determination of amounts of federal awards expended should be in accordance with the
guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in
accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part.
2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative
to auditee responsibilities as provided in 2 CFR 200.508-512.
3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the
recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements, the cost of the audit must
be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other federal entities.
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
internet at https://sam.gov/content/assistance-listings.
Attachment 5
2 of 6
BGS-DEP 55-215 revised 11/8/2022
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the
recipient must have a State single or project-specific audit for such fiscal year in accordance with Section
215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental
Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the
recipient shall consider all sources of state financial assistance, including state financial assistance received
from the Department of Environmental Protection, other state agencies, and other nonstate entities. State
financial assistance does not include federal direct or pass-through awards and resources received by a
nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the
audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending
June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97,
Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial
assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section
215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity’s resources (i.e., the cost
of such an audit must be paid from the recipient’s resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access
the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida’s website at http://www.myflorida.com/,
Department of Financial Services’ Website at http://www.fldfs.com/and the Auditor General's Website at
http://www.myflorida.com/audgen/.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity’s policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes,
State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit
Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by
or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36
and 200.512
A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by
2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address:
Attachment 5
3 of 6
BGS-DEP 55-215 revised 11/8/2022
By Mail:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse’s Internet Data Entry System which can
be found at http://harvester.census.gov/facweb/
2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
B. The Auditor General’s Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
The Auditor General’s website (http://flauditor.gov/) provides instructions for filing an
electronic copy of a financial reporting package.
3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
4. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR
200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
Attachment 5
4 of 6
BGS-DEP 55-215 revised 11/8/2022
5. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local
governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should
indicate the date and the reporting package was delivered to the recipient correspondence accompanying the
reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this
Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of
Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon
request. The recipient shall ensure that audit working papers are made available to the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years
from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection.
Attachment 5, Exhibit 1
5 of 6
BGS-DEP 55-215
Revised 7/2019
EXHIBIT – 1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Note: If the resources awarded to the recipient represent more than one federal program, provide the same information shown below for each federal program
and show total federal resources awarded
Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following:
Federal
Program
A
Federal Agency
CFDA
Number
CFDA Title
Funding Amount
State
Appropriation
Category
$
Federal
Program
B
Federal Agency
CFDA
Number
CFDA Title
Funding Amount
State
Appropriation
Category
$
Note: Of the resources awarded to the recipient represent more than one federal program, list applicable compliance requirements for each federal program in
the same manner as shown below:
Federal
Program
A
First Compliance requirement: i.e.: (what services of purposes resources must be used for)
Second Compliance requirement: i.e.:(eligibility requirement for recipients of the resources)
Etc.
Etc.
Federal
Program
B
First Compliance requirement: i.e.: (what services of purposes resources must be used for)
Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources)
Etc.
Etc.
Attachment 5, Exhibit 1
6 of 6
BGS-DEP 55-215
Revised 7/2019
Note: If the resources awarded to the recipient for matching represent more than one federal program, provide the same information shown below for each
federal program and show total state resources awarded for matching.
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs:
Federal
Program
A
Federal Agency
CFDA
CFDA Title
Funding Amount
State
Appropriation
Category
Federal
Program
B
Federal Agency
CFDA
CFDA Title
Funding Amount
State
Appropriation
Category
Note: If the resources awarded to the recipient represent more than one state project, provide the same information shown below for each state project and show
total state financial assistance awarded that is subject to section 215.97, F.S.
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.:
State
Program
A
State Awarding Agency
State
Fiscal Year1
CSFA
Number
CSFA Title
or
Funding Source Description
Funding Amount
State
Appropriation
Category
Original
Agreement
Florida Department of
Environmental Protection 2023-2024 37.039 Statewide Water Quality Restoration
Projects $500,000 140047
State
Program
B
State Awarding Agency
State
Fiscal Year2
CSFA
Number
CSFA Title
or
Funding Source Description
Funding Amount
State
Appropriation
Category
Total Award $500,000
Note: List applicable compliance requirement in the same manner as illustrated above for federal resources. For matching resources provided by the Department
for DEP for federal programs, the requirements might be similar to the requirements for the applicable federal programs. Also, to the extent that different
requirements pertain to different amount for the non-federal resources, there may be more than one grouping (i.e. 1, 2, 3, etc.) listed under this category.
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[https://sam.gov/content/assistance-listings] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx], and
State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement [https://apps.fldfs.com/fsaa/state_project_compliance.aspx]. The
services/purposes for which the funds are to be used are included in the Agreement’s Grant Work Plan. Any match required by the Recipient is clearly indicated
in the Agreement.
1 Subject to change by Change Order.
2 Subject to change by Change Order.
Exhibit A, Page 1 of 2
Rev. 8/15/22
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Exhibit A
Progress Report Form
DEP Agreement No.: LPA0506
Project Title:
Grantee Name:
Grantee’s Grant Manager:
Reporting Period: Select Quarter - Select Year
Provide the following information for all tasks identified in the Grant Work Plan:
Summarize the eligible grant [and required match, if applicable] work completed within each task for the
reporting period, provide an update on the estimated completion date for each task, and identify any
anticipated delays or problems encountered. Use the format provided below and use as many pages as
necessary to cover all tasks. Each quarterly progress report is due no later than twenty (20) days following
the completion of the quarterly reporting period.
Task 1: Select Task Title
Progress for this reporting period:
Identify delays or problems encountered:
Task 2: Select Task Title
Progress for this reporting period:
Identify delays or problems encountered:
Task 3: Select Task Title
Progress for this reporting period:
Identify delays or problems encountered:
Task 4: Select Task Title
Progress for this reporting period:
Identify delays or problems encountered:
Task 5: Select Task Title
Progress for this reporting period:
Identify delays or problems encountered:
Exhibit A, Page 2 of 2
Rev. 8/15/22
%
[Delete this section if tasks below are not included in the GWP.]
Completion Status for Tasks:
Indicate the completion status for the following tasks, if included in the Grant Work Plan. For construction,
the estimated completion percentage should represent the work being funded under this Agreement.
Design (Plans/Submittal): 30% տ, 60% տ, 90% տ, 100% տ
Permitting (Completed): Yes տ, No տ
Construction (Estimated):
[FOR PROJECTS with local contributions (*Not legally required match), include this paragraph.] If there
is no Local Contribution paragraph in the Project Description, delete this section.
Local Contributions:
For grant agreements with local contributions, a summary of the local contributions will be required in the
Final Quarterly Progress Report. Provide a brief summary below of the local contribution amounts that have
been used toward the project.
Summary of local contributions:
This report is submitted in accordance with the reporting requirements of the above DEP Agreement number
and accurately reflects the activities associated with the project.
Signature of Grantee’s Grant Manager Date
(Original Ink or Digital Timestamp)
Exhibit C, Page 1 of 1
Rev. 12/02/19
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Exhibit C
Payment Request Summary Form
The Payment Request Summary Form for this grant can be found on our website at this link:
https://floridadep.gov/wra/wra/documents/payment-request-summary-form
Please use the most current form found on the website, linked above, for each payment request.
City of Dania Beach
Community Development Memorandum
DATE: 9/26/2023
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Candido Sosa-Cruz, Deputy City Manager
Eleanor Norena, CFM, Director
SUBJECT: Master Research Agreement between Florida Atlantic University and the City of
Dania Beach, Amendment No. 1 – three-month extension from Florida Department
of Emergency Management.
Request:
The Community Development Department (”Department”) is requesting the City manager to
sign Amendment No. 1 to the Master Research Agreement with Florida Atlantic University
(FAU).
Background:
The City entered into a Master Research Agreement with FAU on December 15, 2022 for the
creation of a Watershed Master Plan in association with the Watershed Planning Grant awarded
to the City by the Florida Division of Emergency Management (FDEM) in the amount of
$100,000.
On December 16, 2022, the City signed Task Order No. 1 for period of performance upon
execution of the FDEM contract through September 30, 2023. FDEM has approved a three-
month watershed grant extension. In accordance with the extension, the City is required to sign
Amendment No. 1 to the Master Research Agreement Task Order No. 1.
Budgetary Impact
No additional budgetary impact with this request as this Amendment is to accept the three-month
extension approved by FDEM.
Recommendation
Authorization and execution of Amendment No. 1 to the Master Research Agreement Task
Order No. 1.
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.
WHEREAS, on June 3, 2022, City staff applied for the Watershed Planning Grant from
the Florida Division of Emergency Management; and
WHEREAS, on November 21, 2022, the City Commission approved the City to enter into
a grant agreement with the Florida Division of Emergency Management’s Bureau of Mitigation;
WHEREAS, the Florida Division of Emergency Management’s Bureau of Mitigation
prioritizes flood risk management as an integral part of its mission; and
WHEREAS, the goals of the Watershed Master Planning Initiative are to assist local
communities in developing a Watershed Master Plan for purposes of moving the City’s rating up
in the Community Rating Systems (CRS) of the National Flood Insurance Program (NFIP) and to
increase resiliency in Florida communities; and
WHEREAS, the City Administration recommends that the City Commission authorize
staff to amend the original grant agreement to allow for a three-month extension.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1.That the foregoing “WHEREAS” clauses are ratified and confirmed as
being true and correct, and they are made a part of and incorporated into this Resolution by this
reference.
Section 2.That the proper City officials are authorized to accept and execute an
agreement to the Watershed Planning Grant Agreement on behalf of the City of Dania Beach,
Florida with the Florida Division of Emergency Management, Bureau of Mitigation for a three-
month extension for the creation of a Watershed Master Plan.
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.
2 RESOLUTION #2023-______
Section 4.That funding will be appropriated within the Grant Fund.
Section 5.That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6. That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED on , 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
City of Dania Beach
Public Services Memorandum
DATE: 9/26/2023
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Fernando Rodriguez, Public Services Director
Dincer Akin Ozaydin, PE, Deputy Director/City Engineer
SUBJECT: APPROVAL OF FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION FUNDING AGREEMENT FOR THE “VULNERABILITY
ASSESSMENT” PROJECT.
Request:
The Public Services Department (PSD) requests approval of a Florida Department of
Environmental Protection (FDEP) Funding Agreement in the amount of $95,500 for the
“Vulnerability Assessment” Project.
Background:
FDEP requires all municipalities within the state to conduct a vulnerability assessment of public
facilities to help mitigate the impact of flooding and sea level rise. FDEP made grant funding
available through the Resilient Florida Grant Program to assist. On August 31, 2021, the City of
Dania Beach applied for a Resilient Florida grant to conduct a vulnerability assessment and was
subsequently awarded a grant of $95,500.The City and South Florida Regional Planning Council
(SFRPC) had previously partnered on a "perils of flood" analysis; however, this analysis requires
updating which will be part of the Vulnerability Assessment. The City wrote the grant
application with the intension of partnering with SFRPC to continue the work. On June 13, 2023,
the City Commission authorized an ILA with the SFRPC to create the vulnerability assessment
funded by this Resilient Florid grant in the amount of $95,500.
Budgetary Impact
The Resilient Florida Funding Agreement from the FDEP Grant Award (22PLN41) will be used
to offset the cost of the agreement with the SFRPC in the amount of $95,000 to conduct the
“Vulnerability Assessment” Project.
Recommendation
Staff recommends approval.
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 NINETY-FIVE THOUSAND FIVE
HUNDRED DOLLARS ($95,500.00) FOR THE VULNERABILITY
ASSESSMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, the Florida Department of Environmental Protection (FDEP) requires all
municipalities within the state to conduct a vulnerability assessment of public facilities to flooding
and sea level rise; and
WHEREAS, the City of Dania Beach applied to the Florida Department of Environmental
Protection (FDEP) for a Resilient Florida Grant to assist in funding a vulnerability assessment of
critical assets with the City of Dania Beach; and
WHEREAS, on June 13, 2023, the City Commission, via Resolution 2023-054, entered
into the Interlocal Agreement with the South Florida Regional Planning Council in the amount of
Ninety-Five Thousand Five Hundred ($95,500.00) to develop a vulnerability assessment; and
WHEREAS, the City Administration supports the Vulnerability Assessment and is
interested in receiving Resilient Florida funding from the FDEP as described in the Agreement
attached as “Exhibit A”, and the Agreement is made a part of and is incorporated into this
Resolution by this reference.
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 accept and execute a
Resilient Florida Grant Agreement on behalf of the City of Dania Beach with the Florida
Department of Environmental Protection in the amount of Ninety-Five Thousand Five Hundred
Dollars ($95,500.00), to provide funding for the Vulnerability Assessment being developed with
the South Florida Regional Planning Council.
2 RESOLUTION #2023-______
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 Vulnerability Assessment in the amount of $95,500.00
will be appropriated within the Grant Fund Account No. 103-39-01-539-31-10.
Section 5.That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 6.That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED on ___________________, 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
DEP Agreement No.
Rev.
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Standard Grant Agreement
This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes:
1. Project Title (Project): Agreement Number:
2. Parties State of Florida Department of Environmental Protection,
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
(Department)
Entity Type:Grantee Name:
Grantee Address: FEID:
(Grantee)
3. Agreement Begin Date:
Date of Expiration:
4. Project Number:
(If different from Agreement Number)
Project Location(s):
Project Description:
5. Total Amount of Funding: Funding Source? Award #s or Line Item Appropriations: Amount per Source(s):
܆ State ܆Federal $
܆ State ܆Federal $
܆ Grantee Match $
Total Amount of Funding + Grantee Match, if any: $
6. Department’s Grant Manager Grantee’s Grant Manager
Name: Name:
or successor or successor
Address: Address:
Phone: Phone:
Email: Email:
7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
incorporated by reference:
܆ Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements
܆ Attachment 2: Special Terms and Conditions
܆ Attachment 3: Grant Work Plan
܆ Attachment 4: Public Records Requirements
܆ Attachment 5: Special Audit Requirements
܆ Attachment 6: Program-Specific Requirements
܆ Attachment 7: Grant Award Terms (Federal) *Copy available at https://facts.fldfs.com, in accordance with §215.985, F.S.
܆ Attachment 8: Federal Regulations and Terms (Federal)
܆ Additional Attachments (if necessary):
܆ Exhibit A: Progress Report Form
܆ Exhibit B: Property Reporting Form
܆ Exhibit C: Payment Request Summary Form
܆ Exhibit D: Quality Assurance Requirements
܆ Exhibit E: Advance Payment Terms and Interest Earned Memo
܆ Exhibit -: Common Carrier or Contracted Carrier Attestation Form PUR1808
܆ Additional Exhibits (if necessary):
DEP Agreement
City of Dania Beach Vulnerability Assessment
7/1/2021 6/30/2024
$ 95,500.00
FY 21ဨ22 GAA Line Item #1707A 95,500.00
Andrea Pelton Colin Donnelly
Resilient Florida Program
2600 Blair Stone Road, MS235
Tallahassee, Florida 32399
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
850-245-2186 (954) 924-6808 ext. 3618
22PLN41
City of Dania Beach Local Government
100 West Dania Beach Boulevard, Dania Beach, Florida 33004 59-6000302
Broward County
he project will conduct a comprehensive Vulnerability Assessment pursuant to Section 380.093, Florida Statutes, for the City of
Dania Beach and update the comprehensive plan coastal management element language to comply with Peril of Flood requirements.
Andrea.Pelton@FloridaDEP.gov cdonnelly@daniabeachfl.gov
22PLN41
95,500.00
Exhibit F: Final Report Form, Exhibit G: Photographer Release Form, Exhibit H: Contractual Services Certification, Exhibit I: Vulnerability Assessment Compliance
Checklist Certification
DEP Agreement No.
Rev. //2
8.
Federal Award Identification Number(s) (FAIN):
Federal Award Date to Department:
Total Federal Funds Obligated by this Agreement:
Federal Awarding Agency:
Award R&D? ܆ Yes ܆N/A
,1:,71(66:+(5(2)WKLV$JUHHPHQWVKDOOEHHIIHFWLYHRQWKHGDWHLQGLFDWHGE\WKH$JUHHPHQW%HJLQ'DWHXQOHVV
DQRWKHUGDWHLVVSHFLILHGLQWKHJUDQWGRFXPHQWV
GRANTEE
By
(Authorized Signature) Date Signed
Print Name and Title of Person Signing
State of Florida Department of Environmental Protection DEPARTMENT
By
Secretary or Designee Date Signed
Print Name and Title of Person Signing
܆ Additional signatures attached on separate page.
7KHIROORZLQJLQIRUPDWLRQDSSOLHVWR)HGHUDO*UDQWVRQO\DQGLVLGHQWLILHGLQDFFRUGDQFHZLWK&)5 D
Ana M. Garcia, City Manager
Eddy Bouza, Program Management Director
22PLN41
City of Dania Beach
ORCP Additional Signatures
_____________________________________________
DEP Grant Manager $QGUHD3HOWRQ
______________________________________________
'EP QC Reviewer&KULVWLQD5RXVOLQ
*UDQWHHmay add additional signatures EHORZif needed.
Attachment 1
1 of 13
Rev. 8/8/2023
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STANDARD TERMS AND CONDITIONS
APPLICABLE TO GRANT AGREEMENTS
ATTACHMENT 1
1. Entire Agreement.
This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement),
constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior
agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on
Grantee’s forms or invoices shall be null and void.
2. Grant Administration.
a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the
order of precedence for interpretation of the Agreement is as follows:
i. Standard Grant Agreement
ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant
Agreement
iii. Attachment 1, Standard Terms and Conditions
iv. The Exhibits in the order designated in the Standard Grant Agreement
b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall
be obtained by or sent to the parties’ Grant Managers. All written communication shall be by electronic mail,
U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected
by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when
receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered
delivered at the earliest delivery time.
c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name
and contact information of the new Grant Manager will be submitted in writing to the other party and maintained
in the respective parties’ records. A change of Grant Manager does not require a formal amendment or change
order to the Agreement.
d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement
between both parties. A formal amendment to this Agreement is required for changes which cause any of the
following:
(1) an increase or decrease in the Agreement funding amount;
(2) a change in Grantee’s match requirements;
(3) a change in the expiration date of the Agreement; and/or
(4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in
Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget
as last approved by Department.
A change order to this Agreement may be used when:
(1) task timelines within the current authorized Agreement period change;
(2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work
Plan, are less than twenty percent (20%) of the total budget as last approved by Department;
(3) changing the current funding source as stated in the Standard Grant Agreement; and/or
(4) fund transfers between budget categories for the purposes of meeting match requirements.
This Agreement may be amended to provide for additional services if additional funding is made available by the
Legislature.
e. All days in this Agreement are calendar days unless otherwise specified.
3. Agreement Duration.
The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless
extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible
for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement,
unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the
execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and
Conditions.
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4. Deliverables.
The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan.
The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined
in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department
making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set
forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement.
5. Performance Measures.
The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the
kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and
workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not
knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its
employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes,
if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate
or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement
requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable
does not foreclose Department’s remedies in the event deficiencies in the deliverable cannot be readily measured at
the time of delivery.
6. Acceptance of Deliverables.
a. Acceptance Process. All deliverables must be received and accepted in writing by Department’s Grant Manager
before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain
outstanding, within a reasonable time at Grantee’s expense. If Department’s Grant Manager does not accept the
deliverables within 30 days of receipt, they will be deemed rejected.
b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant
Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee’s lack of satisfactory
performance under the terms of this Agreement. The Grantee’s efforts to correct the rejected deliverables will
be at Grantee’s sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or
activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated
invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made
acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may
allow additional time within which Grantee may remedy the objections noted by Department. The Grantee’s
failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an
event of default.
7. Financial Consequences for Nonperformance.
a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or
Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the
Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences
for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered
penalties.
b. Invoice reduction
If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each
day the deadline is missed, unless an extension is approved in writing by the Department.
c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified
timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be
submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies
in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days.
i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from
Department. The CAP shall be sent to the Department’s Grant Manager for review and approval.
Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the
CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from
receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to
obtain Department approval of a CAP as specified above may result in Department’s termination of
this Agreement for cause as authorized in this Agreement.
ii. Upon Department’s notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to
commence implementation of the accepted plan. Acceptance of the proposed CAP by Department
does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails
to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to
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require additional or further remedial steps, or to terminate this Agreement for failure to perform.
No actions approved by Department or steps taken by Grantee shall preclude Department from
subsequently asserting any deficiencies in performance. The Grantee shall continue to implement
the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to
Department as requested by Department’s Grant Manager.
iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by Department may result in termination of the
Agreement.
8. Payment.
a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable
established by the Grant Work Plan, and the billing procedures established by Department, Department agrees
to pay Grantee for services rendered in accordance with section 215.422, Florida Statutes (F.S.).
b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee,
however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or
for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with
Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee
shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this
Agreement.
c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an
amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of
this Project are the responsibility of Grantee.
d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs
upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan.
Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for
reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State
funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the
following web address: https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state-
agencies/reference-guide-for-state-expenditures.pdf.
e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department
pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and
post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in
accordance with the Grant Work Plan.
f. State Funds Documentation. Pursuant to section 216.1366, F.S., if Contractor meets the definition of a non-profit
organization under section 215.97(2)(m), F.S., Contractor must provide the Department with documentation that
indicates the amount of state funds:
i. Allocated to be used during the full term of the contract or agreement for remuneration to any
member of the board of directors or an officer of Contractor.
ii. Allocated under each payment by the public agency to be used for remuneration of any member of
the board of directors or an officer of the Contractor.
The documentation must indicate the amounts and recipients of the remuneration. Such information must be
posted on the State’s the contract tracking system and maintained pursuant to section 215.985, F.S., and must be
posted on the Contractor’s website, if Contractor maintains a website.
g. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of
deliverables to date have first been accepted in writing by Department's Grant Manager.
h. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days
following the expiration date of the Agreement to ensure the availability of funds for payment. However, all
work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the
Agreement.
i. Annual Appropriation Contingency. The State’s performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future
appropriations. Authorization for continuation and completion of work and any associated payments may be
rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates
appropriations.
j. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by
the State Board of Administration. To obtain the applicable interest rate, please refer to:
https://www.myfloridacfo.com/division/aa/local-governments/judgement-interest-rates.
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k. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must
be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled
under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds
and the Department is required to refund the federal government, the Grantee shall refund the Department its
share of those funds.
9. Documentation Required for Cost Reimbursement Grant Agreements and Match.
If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following
conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match
requirements for the following budget categories:
a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent
on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or
match requirements.
b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for
multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates)
shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates
supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of
written notification. Interest shall be charged on the excessive rate.
c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that required from Grantee.
Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate
per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect,
and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers
charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such
funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive
rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased
for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274, F.S., and
Chapter 69I-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable. The Grantee
shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase
of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its
subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors.
i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may
award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the
work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed-
price subcontracted activities shall be supported with a copy of the subcontractor’s invoice and a
copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request
for Proposals, or other similar competitive procurement document) resulting in the fixed-price
subcontract. The Grantee may request approval from Department to award a fixed-price subcontract
resulting from procurement methods other than those identified above. In this instance, Grantee shall
request the advance written approval from Department’s Grant Manager of the fixed price
negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of
Services to be performed by the subcontractor. Upon receipt of Department Grant Manager’s
approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract.
ii. If the procurement is subject to the Consultant’s Competitive Negotiation Act under section
287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has
complied with the statutory or federal requirements.
d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061,
F.S.
e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing
$5,000 or more. Match or reimbursement for Grantee’s direct purchase of equipment is subject to specific
approval of Department, and does not include any equipment purchased under the delivery of services to be
completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly
completed Exhibit B, Property Reporting Form.
f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies
of invoices or receipts to document charges.
g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded
phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the
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terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of
receipts or invoices. Additionally, independent of Grantee’s contract obligations to its subcontractor, Department
shall not reimburse any of the following types of charges: cell phone usage; attorney’s fees or court costs; civil
or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or
equipment.
h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property
(including access rights through ingress/egress easements, leases, license agreements, or other site access
agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the
following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal
Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing
Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting
acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee
agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds.
10. Status Reports.
The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A,
Progress Report Form, to Department’s Grant Manager describing the work performed during the reporting period,
problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period.
Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting
period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30,
September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty
(30) days.
11. Retainage.
The following provisions apply if Department withholds retainage under this Agreement:
a. The Department reserves the right to establish the amount and application of retainage on the work performed
under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions.
Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval
of all deliverables.
b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Grantee shall
forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not
limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work
was actually performed. The Department shall provide written notification to Grantee of the failure to perform
that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe
stated in Department’s notice, the retainage will be forfeited to Department.
c. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided
Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Agreement.
12. Insurance.
a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees
and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as
described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors, if any, to
make compliance with the insurance requirements of this Agreement a condition of all contracts that are related
to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request.
b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a
deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the
Grantee providing such insurance.
c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation
demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of
any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish
Department with proof of applicable insurance coverage by standard form certificates of insurance, a self-
insured authorization, or other certification of self-insurance.
d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any
reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such
cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide
proof of such replacement coverage within ten (10) days after the cancellation of coverage.
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e. Insurance Trust. If the Grantee’s insurance is provided through an insurance trust, the Grantee shall instead add
the Department of Environmental Protection, its employees, and officers as an additional covered party
everywhere the Agreement requires them to be added as an additional insured.
13. Termination.
a. Termination for Convenience. When it is in the State’s best interest, Department may, at its sole discretion,
terminate the Agreement in whole or in part by giving 30 days’ written notice to Grantee. The Department shall
notify Grantee of the termination for convenience with instructions as to the effective date of termination or the
specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for
work to be paid under this Agreement within thirty (30) days of the effective date of termination. The
Department shall not pay any invoices received after thirty (30) days of the effective date of termination.
b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described
in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other
obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that
the default was excusable, the rights and obligations of the parties shall be the same as if the termination had
been issued for the convenience of Department. The rights and remedies of Department in this clause are in
addition to any other rights and remedies provided by law or under this Agreement.
c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination
unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and
to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement
not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for
that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to
recover any cancellation charges or lost profits.
d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation,
or termination of the Agreement, Grantee shall continue to provide Department with those services for which it
has already been paid or, at Department’s discretion, Grantee shall provide a refund for services that have been
paid for but not rendered.
e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided
under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition
of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative
obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant
Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as
necessary to complete the transition or continued portion of the Agreement, if any.
14. Notice of Default.
If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of
the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under
the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting
the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will
be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default
notice.
15. Events of Default.
Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non-
exclusive list of events, acts, or omissions, shall constitute events of default:
a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a
material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of
the performance of the work, failure to resume work that has been discontinued within a reasonable time after
notice to do so, or abandonment of the Agreement;
b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department
of such, made by the Grantee in this Agreement or in its application for funding;
c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect,
incomplete, or insufficient information;
d. Failure to honor any term of the Agreement;
e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking
the certificate of authority granted to the Grantee by a state or other licensing authority;
f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to
any other entities as required by this Agreement;
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g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the
Immigration and Nationality Act;
h. Failure to maintain the insurance required by this Agreement;
i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the
specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate
assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations
under the Agreement:
i. Entry of an order for relief under Title 11 of the United States Code;
ii. The making by Grantee of a general assignment for the benefit of creditors;
iii. The appointment of a general receiver or trustee in bankruptcy of Grantee’s business or property;
and/or
iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy,
reorganization, or liquidation.
16. Suspension of Work.
The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is
in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars
of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration
of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice.
Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing
resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is
terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days’ notice
required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional
compensation.
17. Force Majeure.
The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence
of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts
of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee’s control, or for any of the
foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of
any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay
and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first
arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably
foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE
FOREGOING SHALL CONSTITUTE THE GRANTEE’S SOLE REMEDY OR EXCUSE WITH RESPECT
TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No
claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be
entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or
inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If
performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after
the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole
discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department
may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment
to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to
and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject
of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or
in part.
18. Indemnification.
a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall
fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits,
actions, damages, and costs of every name and description arising from or relating to:
i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in
part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee
shall not indemnify for that portion of any loss or damages proximately caused by the negligent act
or omission of Department;
ii. the Grantee’s breach of this Agreement or the negligent acts or omissions of Grantee.
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b. The Grantee’s obligations under the preceding paragraph with respect to any legal action are contingent upon
Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over
and settle or defend any such action at Grantee’s sole expense; and (3) assistance in defending the action at
Grantee’s sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made
by Department in any legal action without Grantee’s prior written consent, which shall not be unreasonably
withheld.
c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to
Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the
negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity or the provisions of section 768.28, F.S. Further, nothing herein
shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter
arising out of any contract or this Agreement.
d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume
liability for Grantee’s negligence, waive Department’s sovereign immunity under the laws of Florida, or
otherwise impose liability on Department for which it would not otherwise be responsible. Any provision,
implication or suggestion to the contrary is null and void.
19. Limitation of Liability.
The Department’s liability for any claim arising from this Agreement is limited to compensatory damages in an amount
no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in
compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000.
20. Remedies.
Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this
Agreement, including financial consequences for nonperformance, shall limit Department’s right to pursue its
remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to
other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due
Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it.
21. Waiver.
The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute
or be deemed a waiver of Department’s right thereafter to enforce those rights, nor shall any single or partial exercise
of any such right preclude any other or further exercise thereof or the exercise of any other right.
22. Statutory Notices Relating to Unauthorized Employment and Subcontracts.
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized
aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible
for including this provision in all subcontracts with private organizations issued as a result of this Agreement.
b. Pursuant to sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on
the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list:
i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public work; may
not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded
or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of the threshold amount
provided in section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the
date of being placed on the convicted vendor list.
ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor
list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or replies
on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity.
iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator
vendor list following a conviction or being held civilly liable for an antitrust violation may not
submit a bid, proposal, or reply on any contract to provide any good or services to a public entity;
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may not submit a bid, proposal, or reply on any contract with a public entity for the construction or
repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real
property to a public entity; may not be awarded or perform work as a Grantee, supplier,
subcontractor, or consultant under a contract with a public entity; and may not transact new business
with a public entity.
iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or
consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust
violator vendor list during the life of the Agreement. The Florida Department of Management
Services is responsible for maintaining the discriminatory vendor list and the antitrust violator
vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or
antitrust violator vendor list may be directed to the Florida Department of Management Services,
Office of Supplier Diversity, at (850) 487-0915.
23. Compliance with Federal, State and Local Laws.
a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited
to, nondiscrimination, wages, social security, workers’ compensation, licenses, and registration requirements.
The Grantee shall include this provision in all subcontracts issued as a result of this Agreement.
b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination
in performance of this Agreement.
c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for
any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the
Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be
responsible for their own attorney fees incurred in connection with disputes arising under the terms of this
Agreement.
24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding.
This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local
Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where
there is a valid waiver in place. However, the provision may apply to funds expended before the waiver
or after expiration of the waiver.
If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for
infrastructure are required to comply with the Build America, Buy America Act (BABA), including the
following provisions:
a. All iron and steel used in the project are produced in the United States--this means all manufacturing processes,
from the initial melting stage through the application of coatings, occurred in the United States;
b. All manufactured products used in the project are produced in the United States-this means the manufactured
product was manufactured in the United States; and the cost of the components of the manufactured product
that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all
components of the manufactured product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under applicable law or regulation; and
c. All construction materials are manufactured in the United States-this means that all manufacturing processes for
the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated
into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as
temporary scaffolding, brought to the construction site and removed at or before the completion of the
infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable
chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but
are not an integral part of the structure or permanently affixed to the infrastructure project.
25. Investing in America
Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the
Inflation Reduction Act, including the following provision:
a. Signage Requirements
a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction
sites supported in whole or in part by this award displaying the official Investing in America
emblem and must identify the project as a “project funded by President Biden’s Bipartisan
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Infrastructure Law” or “project funded by President Biden’s Inflation Reduction Act” as
applicable. The sign must be placed at construction sites in an easily visible location that can be
directly linked to the work taking place and must be maintained in good condition throughout the
construction period.
The recipient will ensure compliance with the guidelines and design specifications provided by
EPA for using the official Investing in America emblem available at:
https://www.epa.gov/invest/investing-america-signage.
b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323,
recipients are encouraged to use recycled or recovered materials when procuring signs. Signage
costs are considered an allowable cost under this assistance agreement provided that the costs
associated with signage are reasonable. Additionally, to increase public awareness of projects
serving communities where English is not the predominant language, recipients are encouraged to
translate the language on signs (excluding the official Investing in America emblem or EPA logo
or seal) into the appropriate non-English language(s). The costs of such translation are allowable,
provided the costs are reasonable.
26. Scrutinized Companies.
a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a
boycott of Israel. Pursuant to section 287.135, F.S., the Department may immediately terminate this
Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the
Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott
of Israel during the term of the Agreement.
b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the
Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in
section 287.135, F.S. Pursuant to section 287.135, F.S., the Department may immediately terminate
this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if
the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business
operations in Cuba or Syria during the term of the Agreement.
c. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting
prohibitions, then they shall become inoperative.
27. Lobbying and Integrity.
The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying
the Legislature or a State agency pursuant to section 216.347, F.S., except that pursuant to the requirements of section
287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the
executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that
agreement. The Grantee shall comply with sections 11.062 and 216.347, F.S.
28. Record Keeping.
The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in
accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The
Department, the State, or their authorized representatives shall have access to such records for audit purposes during
the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In
the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes. Upon request of Department’s Inspector General, or other authorized
State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee’s
integrity or responsibility. Such information may include, but shall not be limited to, Grantee’s business or financial
records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such
records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the
General Records Schedules maintained by the Florida Department of State (available at:
http://dos.myflorida.com/library-archives/records-management/general-records-schedules/).
29. Audits.
a. Inspector General. The Grantee understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the
inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this
duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this
requirement, in writing, on its sub-grantees and/or subcontractors, respectively.
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b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect
work being performed under this Agreement, with reasonable notice and during normal business hours, including
by any of the following methods:
i. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment, materials or documents;
ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement; and,
iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment
5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an
updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include
in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the
Department’s Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state)
identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal
financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether
the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the
form entitled “Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination” (form
number DFS-A2-NS) that can be found under the “Links/Forms” section appearing at the following website:
https:\\apps.fldfs.com\fsaa.
d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein,
Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to
the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable.
Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR
200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect,
general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty
(30) days of such request.
e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not
commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees
are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds
specifically budgeted and/or received for one project may not be used to support another project. Where a
Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient,
shall establish a system to provide adequate fund accountability for each project it has been awarded.
i. If Department finds that these funds have been commingled, Department shall have the right to
demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement
for non-compliance with the material terms of this Agreement. The Grantee, upon such written
notification from Department shall refund, and shall forthwith pay to Department, the amount of
money demanded by Department. Interest on any refund shall be calculated based on the prevailing
rate used by the State Board of Administration. Interest shall be calculated from the date(s) the
original payment(s) are received from Department by Grantee to the date repayment is made by
Grantee to Department.
ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by
Department, from another source(s), Grantee shall reimburse Department for all recovered funds
originally provided under this Agreement and interest shall be charged for those recovered costs as
calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is
made to Department.
iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do
not apply to agreements where payments are made purely on a cost reimbursement basis.
30. Conflict of Interest.
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any
manner or degree with the performance of services required.
31. Independent Contractor.
The Grantee is an independent contractor and is not an employee or agent of Department.
32. Subcontracting.
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a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed
solely by Grantee.
b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For
cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status,
or non-compliance with an applicable Department policy or other requirement.
c. The Department may, for cause, deny access to Department’s secure information or any facility by any Grantee
employee, subcontractor, or agent.
d. The Department’s actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work
in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any
subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under
any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred
under any subcontract.
e. The Department will not deny Grantee’s employees, subcontractors, or agents access to meetings within the
Department’s facilities, unless the basis of Department’s denial is safety or security considerations.
f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities
afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full
diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting
opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915.
g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by
the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both
Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products
or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery
schedule.
33. Guarantee of Parent Company.
If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will
guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee
is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new
parent company guarantee all of the obligations of Grantee.
34. Survival.
The respective obligations of the parties, which by their nature would continue beyond the termination or expiration
of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and
public records, shall survive termination, cancellation, or expiration of this Agreement.
35. Third Parties.
The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its
agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This
Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If
Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third-
party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement.
36. Severability.
If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions
are severable to that void provision, and shall remain in full force and effect.
37. Grantee’s Employees, Subcontractors and Agents.
All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained
technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of
technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under
Agreement must comply with all security and administrative requirements of Department and shall comply with all
controlling laws and regulations relevant to the services they are providing under the Agreement.
38. Assignment.
The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under
any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event
of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly
waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its
intent to do so.
39. Compensation Report.
If this Agreement is a sole-source, public-private agreement or if the Grantee, through this agreement with the State,
annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the
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Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for
the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed-in leave, cash
equivalents, severance pay, retirement benefits, deferred compensation, real-property gifts, and any other payout.
The Grantee must also inform the Department of any changes in total executive compensation between the annual
reports. All compensation reports must indicate what percent of compensation comes directly from the State or
Federal allocations to the Grantee.
40. Execution in Counterparts and Authority to Sign.
This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts,
each of which shall be an original and all of which shall constitute the same instrument. In accordance with the
Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have
the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly
authorized to do so and to bind the respective party to the Agreement.
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Terms and Conditions
AGREEMENT NO. 22PLN41
ATTACHMENT 2
These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and
Conditions, Attachment 1. Where in conflict, these more specific terms shall apply.
1. Scope of Work.
The Project funded under this Agreement is the City of Dania Beach Vulnerability Assessment. The Project is
defined in more detail in Attachment 3, Grant Work Plan.
2. Duration.
a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement.
b. Extensions. There are extensions available for this Project.
c. Service Periods. Additional service periods may be added in accordance with 2.a above and are contingent upon
proper and satisfactory technical and administrative performance by the Grantee and the availability of funding.
3. Payment Provisions.
a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this
Agreement as described in Attachment 3.
b. Invoicing. Invoicing will occur as indicated in Attachment 3.
c. Advance Pay. Advance Pay is not authorized under this Agreement.
4. Cost Eligible for Reimbursement or Matching Requirements.
Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following
budget categories, as defined in the Reference Guide for State Expenditures, as indicated:
Reimbursement Match Category
տ ܆ Salaries/Wages
Overhead/Indirect/General and Administrative Costs:
տ տ a. Fringe Benefits, N/A.
տ տ b. Indirect Costs, N/A.
܈ տ Contractual (Subcontractors)
տտTravel, in accordance with Section 112, F.S.
տտEquipment
տտRental/Lease of Equipment
տտMiscellaneous/Other Expenses
տտLand Acquisition
5. Equipment Purchase.
No Equipment purchases shall be funded under this Agreement.
6. Land Acquisition.
There will be no Land Acquisitions funded under this Agreement.
7. Match Requirements
There is no match required on the part of the Grantee under this Agreement.
8. Insurance Requirements
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Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance
coverage of such types and with such terms and limits described below. The limits of coverage under each policy
maintained by the Grantee shall not be interpreted as limiting the Grantee’s liability and obligations under the
Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or
alternatively, Grantee may provide coverage through a self-insurance program established and operating under the
laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this
Agreement, however the minimum insurance requirements applicable to this Agreement are:
a. Commercial General Liability Insurance.
The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability
insurance at all times during the Agreement. The Department, its employees, and officers shall be named
as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each
occurrence and $500,000 policy aggregate.
b. Commercial Automobile Insurance.
If the Grantee’s duties include the use of a commercial vehicle, the Grantee shall maintain automobile
liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property
damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall
be named as an additional insured on any automobile insurance policy. The minimum limits shall be as
follows:
$200,000/300,000 Automobile Liability for Company-Owned Vehicles, if applicable
$200,000/300,000 Hired and Non-owned Automobile Liability Coverage
c. Workers’ Compensation and Employer’s Liability Coverage.
The Grantee shall provide workers’ compensation, in accordance with Chapter 440, F.S. and employer
liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000
policy aggregate. Such policies shall cover all employees engaged in any work under the Grant.
d. Other Insurance. None.
9. Quality Assurance Requirements.
There are no special Quality Assurance requirements under this Agreement.
10. Retainage.
No retainage is required under this Agreement.
11. Subcontracting.
Subcontracting is not permitted under this Agreement.
12. State-owned Land.
The work will not be performed on State-owned land.
13. Office of Policy and Budget Reporting.
There are no special Office of Policy and Budget reporting requirements for this Agreement.
14. Common Carrier.
a. Applicable to contracts with a common carrier – firm/person/corporation that as a regular business
transports people or commodities from place to place. If applicable, Contractor must also fill out and
return PUR 1808 before contract execution. If Contractor is a common carrier pursuant to section
908.111(1)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is
found to be in violation of the law or the attestation in PUR 1808.
b. Applicable to solicitations for a common carrier – Before contract execution, the winning Contractor(s)
must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of
transporting a person into this state knowing that the person unlawfully present in the United States
according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The
Department will terminate a contract immediately if Contractor is found to be in violation of the law or the
attestation in PUR 1808.
15. Additional Terms.
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Documentary Evidence Requirement for Subcontractor(s). If any work associated with this Agreement is
completed by a subcontractor(s), the Grantee shall require that such subcontractor(s) submit documentary evidence
(e.g., workshop agendas; meeting recordings) to Grantee demonstrating that the subcontractor(s) has fully performed
its Project obligation(s). The Grantee shall forward copies of all such documentary evidence to the Department with
the Grantee’s relevant deliverable(s), using the approved Project Timeline set forth in Attachment 3 to this
Agreement (Grant Work Plan).
DEP Agreement No.: 22PLN41
Page 1 of 6
Rev. 6.26.23
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
GRANT WORK PLAN
AGREEMENT NO. 22PLN41
ATTACHMENT 3
PROJECT TITLE: City of Dania Beach Vulnerability Assessment
PROJECT LOCATION: The Project is located in the City of Dania Beach within Broward County,
Florida.
PROJECT DESCRIPTION:
The City of Dania Beach (Grantee) will complete the Dania Beach Vulnerability Assessment Project
(Project) to include a comprehensive Vulnerability Assessment (VA) pursuant to Section 380.093, Florida
Statutes (F.S.), as well as amend the comprehensive plan to comply with the Peril of Flood statute.
TASKS AND DELIVERABLES:
Task 1: Assemble Steering Committee
Description: The Grantee will review and approve the steering committee list and then distribute the draft
email prepared in Task 1 to the steering committee members. The email requests steering committee
member participation and to provide confirmation of acceptance or denial.
Deliverables: The Grantee will provide the list of local representatives that have confirmed participation
on the steering committee. The list shall include the name, organization/affiliation, position title, and
contact information.
Task 2: Conduct Steering Committee Meetings
Description: The Grantee will coordinate and schedule the quantity, dates, times, and locations for the
steering committee meetings, based on critical decision points in the project process. The purpose of the
steering committee meetings is to assist in reviewing the goals of the project, review draft materials, provide
input for study direction, assist in identifying geographic context, appropriate modeling methodologies,
assist in identifying available data and resources, identify relevant assets, and review project findings and
recommendations. A minimum of two steering committee meetings is recommended, at the beginning and
end of the project, however, more may be necessary to provide guidance at critical decision points
throughout the project process. The Grantee will prepare all social media notifications, meeting invitations,
meeting materials, presentations, and graphics utilized during the meeting, as applicable.
Deliverables: The Grantee will provide the following:
x 2.1: Meeting agendas to include location, date, and time of meeting;
x 2.2: Meeting sign-in sheets with attendee names and affiliation;
x 2.3: A copy of the presentation(s) and any materials created for distribution at the meeting, as
applicable; and
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x 2.4: A summary report of committee recommendations and guidance, to include attendee input,
meeting outcomes, methodologies selected, appropriate resources and data, relevant assets and
review of study deliverables for accuracy and applicability.
Task 3: Acquire Background Data
Description: The Grantee will research and compile the data needed to perform the Vulnerability
Assessment (VA), based on the requirements as defined in Section 380.093, Florida Statutes (F.S.). Three
main categories of data are required to perform a VA: 1) critical and regionally significant asset inventory,
2) topographic data, and 3) flood scenario-related data. GIS metadata should incorporate a layer for each
of the four asset classes as defined in paragraphs 380.093(2)(a) 1-4, F.S. GIS files and associated metadata
must adhere to the Resilient Florida Program’s GIS Data Standards (Exhibit I), and raw data sources shall
be defined within the associated metadata. Sea level rise projection data shall include the 2017 National
Oceanic and Atmospheric Administration (NOAA) intermediate-high and intermediate-low projections for
2040 and 2070, at a minimum. Other projections can be used at the Grantees discretion. Storm surge data
used must be equal to or exceed the 100-year return period (1% annual chance) flood event. In the process
of researching background data, the Grantee shall identify data gaps, where missing data or low-quality
information may limit the VA’s extent or reduce the accuracy of the results. The Grantee shall rectify any
gaps of necessary data.
Deliverables: The Grantee will provide the following:
x 3.1: A technical report to outline the data compiled and findings of the gap analysis;
x 3.2: A summary report to include recommendations to address the identified data gaps and actions
taken to rectify them, if applicable; and
x 3.3: GIS files with appropriate metadata of the data compiled, to include locations of critical assets
owned or maintained by the Grantee as well as regionally significant assets that are classified and
as defined in paragraphs 380.093(2)(a)1-4, F.S.
Task 4: Exposure Analysis
Description: The Grantee will perform an exposure analysis to identify the depth of water caused by each
sea level rise, storm surge, and/or flood scenario. The water surface depths (i.e. flood scenarios) used to
evaluate assets shall include the following data: tidal flooding, current and future storm surge flooding,
rainfall-induced flooding, and compound flooding, all as applicable, as well as the scenarios and standards
used for the exposure analysis shall be pursuant to s. 380.093, F.S. GIS files and associated metadata must
adhere to the Resilient Florida Program’s GIS Data Standards (Exhibit I), and raw data sources shall be
defined within the associated metadata.
Deliverables: The Grantee will provide the following:
x 4.1: A draft VA report that provides details on the modeling process, type of models utilized, and
resulting tables and maps illustrating flood depths for each flood scenario; and
x 4.2: GIS files with results of the exposure analysis for each flood scenario as well as the appropriate
metadata that identifies the methods used to create the flood layers.
DEP Agreement No.: 22PLN41
Page 3 of 6
Rev. 6.26.23
Task 5: Sensitivity Analysis
Description: The Grantee will perform the sensitivity analysis to measure the impact of flooding on assets
and to apply the data from the exposure analysis to the inventory of critical assets created in the Acquire
Background Data Task. The sensitivity analysis should include an evaluation of the impact of flood severity
on each asset class and at each flood scenario and assign a risk level based on percentages of land area
inundated and number of critical assets affected.
Deliverables: The Grantee will provide the following:
x 5.1: An updated draft VA report that provides details on the findings of the exposure analysis and
the sensitivity analysis, and includes visual presentation of the data via maps and tables, based on
the statutorily-required scenarios and standards; and
x 5.2: An initial list of critical and regionally significant assets that are impacted by flooding. The
list of critical and regionally significant assets must be prioritized by area or immediate need and
must identify which flood scenario(s) impacts each asset.
Task 6: Identify Focus Areas
Description: The Grantee will identify focus areas based on the results of the second public outreach
meeting and input from the steering committee, following the guidelines in Chapter 2 of the Florida
Adaptation Planning Guidebook. Based on the exposure and sensitivity analyses, the Grantee may assign
focus areas to locations or assets that are particularly vulnerable and require the development of adaptation
strategies. GIS files and associated metadata must adhere to the Resilient Florida Program’s GIS Data
Standards (Exhibit I), and raw data sources shall be defined within the associated metadata.
Deliverables: The Grantee will provide the following:
x 6.1: A report summarizing the areas identified as focus areas, with justification for choosing each
area;
x 6.2: Tables listing each focus area with any critical assets that are contained inside the focus area;
x 6.3: Maps illustrating the location of each focus area compared to the location of all critical assets
within the geographic extent of the study; and
x 6.4: GIS files and associated metadata illustrating geographic boundaries of the identified focus
areas.
Task 7: Final Vulnerability Assessment Report, Maps, and Tables
Description: The Grantee will finalize the Vulnerability Assessment (VA) report pursuant to the
requirements in s. 380.093, F.S., and based upon the steering committee and public outreach efforts. The
final VA must include all results from the exposure and sensitivity analyses, as well as a summary of
identified risks and assigned focus areas. It should contain a list of critical and regionally significant assets
that are impacted by flooding and sea-level rise, specifying for each asset the flood scenario(s) impacting
the asset. GIS files and associated metadata must adhere to the Resilient Florida Program’s GIS Data
Standards (Exhibit I), and raw data sources shall be defined within the associated metadata.
Deliverables: The Grantee will provide the following:
x 7.1: Final VA Report that provides details on the results and conclusions, including illustrations
via maps and tables, based on the statutorily-required scenarios and standards in s. 380.093, F.S.;
DEP Agreement No.: 22PLN41
Page 4 of 6
Rev. 6.26.23
x 7.2: A final list of critical and regionally significant assets that are impacted by flooding. The list
of critical and regionally significant assets must be prioritized by area or immediate need and must
identify which flood scenario(s) impacts each asset.;
x 7.3: All electronic mapping data used to illustrate flooding and sea level rise impacts identified in
the VA, to include the geospatial data in an electronic file format and GIS metadata; and
x 7.4: A signed Vulnerability Assessment Compliance Checklist Certification.
Task 8: Public Presentation
Description: The Grantee will present the final VA results to local governing boards, technical committees,
or other appropriate officers and elected officials. The purpose of the presentation is to share the findings
from the final VA and provide recommendations of actions for adaptation strategies and future project
funding. The presentation will also inform the public of the results and the future risk of sea level rise and
increased flooding and encourage community participation when identifying mitigation strategies to
address the flooding vulnerabilities. The Grantee will prepare all social media notifications, meeting
invitations, meeting materials, presentations, and graphics utilized during the meeting, as applicable.
Deliverables: The Grantee will provide the following:
x 8.1: Meeting agendas to include location, date, and time of meeting;
x 8.2: Meeting sign-in sheets with attendee names and affiliation (i.e. local stakeholder, resident,
steering committee member, local government staff);
x 8.3: A copy of the presentation(s) and any materials created in preparation of or for distribution at
the meeting (i.e. social media posts, public announcements, graphics), as applicable;
x 8.4: A copy of the file or weblink of the video or audio recording from the meeting, if applicable;
and
x 8.5: A summary report including attendee input and meeting outcomes.
Task 9: Peril of Flood Compliance
Description: The Project will update the Grantee’s comprehensive plan coastal management element
language to comply with the Peril of Flood requirements in paragraph 163.3178(2)(f), F.S. Based on the
analysis performed, draft comprehensive plan amendments must address the requirements of paragraph
163.3178(2)(f), F.S., Peril of Flood, if the county or municipality is subject to such requirements. The
municipality will draft the comprehensive plan coastal management element language in strike-through and
underlined format that satisfies the Peril of Flood requirements in paragraph 163.3178(2)(f), F.S. The
Department’s Grant Manager will provide the deliverable to the Department of Economic Opportunity
(DEO) for preliminary review to ensure compliance with paragraph 163.3178(2)(f), F.S. DEO will have ten
(10) working days to review and provide its comment(s) to the Department’s Grant Manager. This review
is to provide preliminary feedback only and does not constitute the state agency review required under
paragraph 163.3178(2)(f), F.S.
Deliverables: Draft comprehensive plan coastal management element language in strike-through and
underlined format that satisfies the Peril of Flood requirements in paragraph 163.3178(2)(f), F.S. The draft
comprehensive plan will include the following:
DEP Agreement No.: 22PLN41
Page 5 of 6
Rev. 6.26.23
1. Examples of strategies, principles, and related engineering solutions that reduce flood risk in coastal
areas when resulting from high-tide events, storm surge, flash floods, stormwater runoff, and the
related impacts of sea-level rise;
2. Use of best practices development and redevelopment principles, strategies, and engineering
solutions that will result in the removal of coastal real property from flood zone designations
established by the Federal Emergency Management Agency;
3. Site development techniques and best practices that may reduce losses due to flooding and claims
made under flood insurance policies issued in this state;
4. A requirement that development or redevelopment within the coastal areas be consistent with, or
more stringent than, the flood-resistant construction requirements in the Florida Building Code and
applicable flood plain management regulations set forth in 44 C.F.R. Part 60; and
A requirement that any construction activities seaward of the coastal construction control lines
established pursuant to Section 161.053, F.S., be consistent with Chapter 161, F.S.
PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task to the
Department’s Grant Manager on or before the Task Due Date listed in the Project Timeline. The
Department’s Grant Manager will review the deliverable(s) to verify that they meet the specifications in
the Grant Work Plan and the task description, to include any work being performed by any subcontractor(s),
and will provide written acceptance or denial of the deliverable(s) to the Grantee within thirty (30) calendar
days. Tasks may include multiple deliverables to be completed. The Department will accept partial and full
deliverables. Incomplete deliverables will not be accepted. A “partial deliverable” is defined as a
deliverable consisting of one (1) or more (but not all) subcomponents listed in the deliverable list for a
single task, where such subcomponent(s) are delivered to the Department at one hundred percent (100%)
completion. A “full deliverable” is defined as a deliverable comprising all subcomponents listed in the
deliverable list for a single task, all delivered to the Department at one hundred percent (100%) completion.
An “incomplete deliverable” is defined as a deliverable for which one hundred percent (100%) completion
has not been achieved for any of the subcomponents listed in the deliverable list for a single task. A task is
considered one hundred percent (100%) complete upon the Department’s receipt and approval of all
deliverable(s) listed within the task and the Department’s approval provided by the Deliverable Acceptance
Letter.
The Department’s Grant Manager will provide the deliverable to DEO for preliminary review to ensure
compliance with paragraph 163.3178(2)(f), F.S. DEO will have ten (10) working days to review and provide
its comment(s) to the Department’s Grant Manager. This review is to provide preliminary feedback only
and does not constitute the state agency review required under Section 163.3184, F.S.
CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the
Department at one hundred percent (100%) completion and by the specified due date listed in the
Agreement’s most recent Project Timeline, the Department will reduce the relevant Task Funding
Amount(s) paid to Grantee in proportion to the percentage of the deliverable(s) not fully completed and/or
submitted to the Department in a timely manner.
PAYMENT REQUEST SCHEDULE: Following the Grantee’s full or partial completion of a task’s
deliverable(s) and acceptance by the Department’s Grant Manager, the Grantee may submit a payment
request for cost reimbursement using the Exhibit C, Payment Request Summary Form. All payment
requests must be accompanied by the Deliverable Acceptance Letter; the Exhibit A, Progress Report Form,
detailing all progress made in the invoice period; and supporting fiscal documentation including match, if
applicable. Interim payments will not be accepted. Upon the Department’s receipt of the aforementioned
documents and supporting fiscal documentation, the Department’s Grant Manager will have ten (10)
working days to review and approve or deny the payment request.
DEP Agreement No.: 22PLN41
Page 6 of 6
Rev. 6.26.23
PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables
received by, the corresponding task due date listed in the table below. Cost-reimbursable grant funding
must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior
to the current task due date listed in the Project Timeline. Requests are to be sent via email to the
Department’s Grant Manager, with the details of the request and the reason for the request made clear.
Task
No. Task Title Budget
Category
DEP
Amount
Match
Amount
Total
Amount
Task Start
Date
Task Due
Date
1 Assemble Steering
Committee
Contractual
Services $10,000 $0 $10,000 7/1/2021 3/31/2024
2 Conduct Steering
Committee Meetings
Contractual
Services $5,000 $0 $5,000 7/1/2021 3/31/2024
3 Acquire Background
Data
Contractual
Services $15,000 $0 $15,000 7/1/2021 3/31/2024
4 Exposure Analysis Contractual
Services $10,000 $0 $10,000 7/1/2021 3/31/2024
5 Sensitivitiy Analysis Contractual
Services $10,000 $0 $10,000 7/1/2021 3/31/2024
6 Identify Focus Areas Contractual
Services $10,000 $0 $10,000 7/1/2021 3/31/2024
7
Final Vulnerability
Assessment Report,
Maps, and Tables
Contractual
Services $26,000 $0 $26,000 7/1/2021 3/31/2024
8 Public Presentation Contractual
Services $2,000 $0 $2,000 7/1/2021 3/31/2024
9 Peril of Flood
Compliance
Contractual
Services $7,500 $0 $7,500 7/1/2021 3/31/2024
Total: $95,500 $0 $95,500
Attachment 4
1of 1
Rev. 4/27/2018
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Public Records Requirements
Attachment 4
1. Public Records.
a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services
under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless
of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the
Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida
Constitution or section 119.07(1), F.S.
b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records
as required by law.
2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable.
For the purposes of this paragraph, the term “contract” means the “Agreement.” If Grantee is a “contractor” as
defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall:
a. Keep and maintain Public Records required by Department to perform the service.
b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or
as otherwise provided by law.
c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to
penalties under section 119.10, F.S.
d. 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 Public Records to Department.
e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor
or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all
Public Records to Department 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 Public Records stored electronically must be provided to Department,
upon request from Department’s custodian of Public Records, in a format specified by Department as compatible with
the information technology systems of Department. These formatting requirements are satisfied by using the data
formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the
contractor is authorized to access.
f.IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, F.S., TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT’S
CUSTODIAN OF PUBLIC RECORDS AT:
Telephone: (850) 245-2118
Email:public.services@floridadep.gov
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
Attachment 5
1 of 7
BGS-DEP 55-215 revised 11/8/2022
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Audit Requirements
(State and Federal Financial Assistance)
Attachment 5
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be
referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring
by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and
Section 215.97, F.S., as revised (see “AUDITS” below), monitoring procedures may include, but not be limited to,
on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any
additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees
to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief
Financial Officer (CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR
§200.330
1. A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program-
specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this
Attachment indicates Federal funds awarded through the Department of Environmental Protection by this
Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all
sources of federal awards, including federal resources received from the Department of Environmental
Protection. The determination of amounts of federal awards expended should be in accordance with the
guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in
accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part.
2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative
to auditee responsibilities as provided in 2 CFR 200.508-512.
3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the
recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements, the cost of the audit must
be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other federal entities.
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
internet at https://sam.gov/content/assistance-listings.
Attachment 5
2 of 7
BGS-DEP 55-215 revised 11/8/2022
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the
recipient must have a State single or project-specific audit for such fiscal year in accordance with Section
215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental
Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the
recipient shall consider all sources of state financial assistance, including state financial assistance received
from the Department of Environmental Protection, other state agencies, and other nonstate entities. State
financial assistance does not include federal direct or pass-through awards and resources received by a
nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the
audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending
June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97,
Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial
assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section
215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity’s resources (i.e., the cost
of such an audit must be paid from the recipient’s resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access
the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida’s website at http://www.myflorida.com/,
Department of Financial Services’ Website at http://www.fldfs.com/and the Auditor General's Website at
http://www.myflorida.com/audgen/.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity’s policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes,
State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit
Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by
or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36
and 200.512
A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by
2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address:
Attachment 5
3 of 7
BGS-DEP 55-215 revised 11/8/2022
By Mail:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse’s Internet Data Entry System which can
be found at http://harvester.census.gov/facweb/
2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
B. The Auditor General’s Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
The Auditor General’s website (http://flauditor.gov/) provides instructions for filing an
electronic copy of a financial reporting package.
3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
4. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR
200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
Attachment 5
4 of 7
BGS-DEP 55-215 revised 11/8/2022
5. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local
governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should
indicate the date and the reporting package was delivered to the recipient correspondence accompanying the
reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this
Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of
Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon
request. The recipient shall ensure that audit working papers are made available to the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years
from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection.
Attachment 5, Exhibit 1
5 of 7
BGS-DEP 55-215
Revised 7/2019
EXHIBIT – 1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Note: If the resources awarded to the recipient represent more than one federal program, provide the same information shown below for each federal program
and show total federal resources awarded
Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following:
Federal
Program
A
Federal Agency
CFDA
Number
CFDA Title
Funding Amount
State
Appropriation
Category
$
Federal
Program
B
Federal Agency
CFDA
Number
CFDA Title
Funding Amount
State
Appropriation
Category
$
Note: Of the resources awarded to the recipient represent more than one federal program, list applicable compliance requirements for each federal program in
the same manner as shown below:
Federal
Program
A
First Compliance requirement: i.e.: (what services of purposes resources must be used for)
Second Compliance requirement: i.e.:(eligibility requirement for recipients of the resources)
Etc.
Etc.
Federal
Program
B
First Compliance requirement: i.e.: (what services of purposes resources must be used for)
Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources)
Etc.
Etc.
Attachment 5, Exhibit 1
6 of 7
BGS-DEP 55-215
Revised 7/2019
Note: If the resources awarded to the recipient for matching represent more than one federal program, provide the same information shown below for each
federal program and show total state resources awarded for matching.
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs:
Federal
Program
A
Federal Agency
CFDA
CFDA Title
Funding Amount
State
Appropriation
Category
Federal
Program
B
Federal Agency
CFDA
CFDA Title
Funding Amount
State
Appropriation
Category
Note: If the resources awarded to the recipient represent more than one state project, provide the same information shown below for each state project and show
total state financial assistance awarded that is subject to section 215.97, F.S.
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.:
State
Program
A
State Awarding Agency
State
Fiscal Year 1
CSFA
Number
CSFA Title
or
Funding Source Description
Funding Amount
State
Appropriation
Category
Original
Award
Florida Department of
Environmental Protection 21.22 37.098 Resilient Florida Programs $95,500.00 140078
State
Program
B
State Awarding Agency
State
Fiscal Year 2
CSFA
Number
CSFA Title
or
Funding Source Description
Funding Amount
State
Appropriation
Category
Total Award $95,500.00
Note: List applicable compliance requirement in the same manner as illustrated above for federal resources. For matching resources provided by the Department
for DEP for federal programs, the requirements might be similar to the requirements for the applicable federal programs. Also, to the extent that different
requirements pertain to different amount for the non-federal resources, there may be more than one grouping (i.e. 1, 2, 3, etc.) listed under this category.
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[https://sam.gov/content/assistance-listings] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx], and
State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement [https://apps.fldfs.com/fsaa/state_project_compliance.aspx]. The
1 Subject to change by Change Order.
2 Subject to change by Change Order.
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.
Rev. 2.9.23
Attachment 6
Page 1 of 2
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
PROGRAM-SPECIFIC REQUIREMENTS
RESILIENT FLORIDA PROGRAM
ATTACHMENT 6
1. Sea Level Impact Projection Study Requirement. If the project is within the designated area, pursuant to
Section 161.551, F.S. and Chapter 62S-7, Florida Administrative Code, the Grantee is responsible for
performing a Sea Level Impact Projection (SLIP) study and submitting the resulting report to the Department.
The SLIP study report must be received by the Department, approved by the Department, and be published
on the Department’s website for at least thirty (30) days before construction can commence. This rule went
into effect July 1, 2021, and applies to certain state-funded construction projects located in the coastal
building zone as defined in the rule.
2. Permits. The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal,
state, or local permit will be issued for a particular activity. The Grantee agrees to ensure that all necessary
permits are obtained prior to implementation of any grant-funded activity that may fall under applicable
federal, state, or local laws. Further, the Grantee shall abide by all terms and conditions of each applicable
permit for any grant-funded activity. Upon request, the Grantee must provide a copy of all acquired and
approved permits for the project.
3. Attachment 3, Grant Work Plan, Performance Measures. All deliverables and reports submitted to the
Department should be submitted electronically and must be compliant with the Americans with Disabilities
Act, also known as “508 Compliant,” in all formats provided.
4. Copyright, Patent and Trademark. The Department reserves a royalty-free, nonexclusive, and irrevocable
license to reproduce, publish or otherwise use, and to authorize others to use, for state government purposes:
a. The copyright in any work developed under this Agreement; and
b. Any rights or copyright to which the Grantee or subcontractor purchases ownership with grant support.
5. Grant funds may not be used to support ongoing efforts to comply with legal requirements, including permit
conditions, mitigation, and settlement agreements.
6. Funding Source. With the exception of audiovisuals not intended for presentation to the general public that
are produced either as research instruments or for documenting experimentation or findings (unless otherwise
required under the special terms of this Agreement), Grantee agrees to include the Department’s logo (which
can be found on the Department’s website at: https://floridadep.gov or by contacting the Grant Manager for
a copy) on all publications, printed reports, maps, audiovisuals (including videos, slides, and websites), and
similar materials, as well as the following language:
“This work was funded in part through a grant agreement from the Florida Department of Environmental
Protection’s Office of Resilience and Coastal Protection Resilient Florida Program. The views, statements,
findings, conclusions, and recommendations expressed herein are those of the author(s) and do not
necessarily reflect the views of the State of Florida or any of its subagencies.”
The next printed line must identify the month and year of the publication.
7. Final Project Report. The Grantee must submit Exhibit F, Final Project Report Form, prior to requesting final
payment. The Final Project Report may be submitted in lieu of the final quarterly status report, only in
instances where the next quarterly report falls after the project’s completion date.
Rev. 2.9.23
Attachment 6
Page 2 of 2
8. Project Photos. The Grantee must submit Exhibit G, Photo Release Form, with the first submission of
deliverables and reports (Exhibit A and F) that include photos.
9. Contractual Services. For all grant agreements that include Contractual Services as an expenditure category,
the Grantee must submit Exhibit H, Contractual Services Certification, and all required supporting
documentation for all contractors conducting work under the grant agreement, prior to requesting payment
that includes contractual services.
10. Vulnerability Assessments. For all Planning grant agreements (Resilient Florida Grant Program and Regional
Resilience Entities), the Grantee must submit Exhibit I, Vulnerability Assessment Compliance Checklist
Certification, with the final grant deliverable(s).
11. Geographic Information System (GIS) files and associated metadata. All GIS files and associated metadata
must adhere to the Resilient Florida Program’s GIS Data Standards (found on the Resilient Florida Program
website: https://floridadep.gov/rcp/resilient-florida-program/documents/resilient-florida-program-gis-data-
standards), and raw data sources shall be defined within the associated metadata.
12. State and Local Fiscal Recovery Funds. For all grant agreements funded with the Coronavirus State and Local
Fiscal Recovery Funds (SLFRF) under the American Rescue Plan Act, the Grantee must submit the SLFRF
Reporting Requirements Form upon execution of the grant agreement.
Exhibit A, Page 1 of 1
Rev. 1/13/2023
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RESILIENT FLORIDA GRANT PROGRAM
EXHIBIT A
PROGRESS REPORT FORM
The current Exhibit A, Progress Report Form for the Resilient Florida Program grant agreements can be
found on the Department’s website at the link below. Each payment request must be submitted on the
current form. The Department will notify grantees of any substantial changes to Exhibit A that occur during
the grant agreement period.
https://floridadep.gov/Resilient-Florida-Program/Grants
Exhibit C, Page 1 of 1
Rev. 12/02/19
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RESILIENT FLORIDA GRANT PROGRAM
EXHIBIT C
PAYMENT REQUEST SUMMARY FORM
The current Exhibit C, Payment Request Summary Form for the Resilient Florida Program grant
agreements can be found on the Department’s website at the link below. Each payment request must be
submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit
C that occur during the grant agreement period.
https://floridadep.gov/Resilient-Florida-Program/Grants
Exhibit F, DEP Agreement # 22PLN41
Page 1
6/30/2023
EXHIBIT F
DEP AGREEMENT NO. 22PLN41
CITY OF DANIA BEACH VULNERABILITY ASSESSMENT
City of Dania Beach
Final Project Report
Insert Month & Year
This report is funded in part through a grant agreement from the Florida Department of Environmental Protection.
The views, statements, findings, conclusions, and recommendations expressed herein are those of the author(s) and
do not necessarily reflect the views of the State of Florida or any of its subagencies.
Exhibit F, DEP Agreement # 22PLN41
Page 2
6/30/2023
Part I. Executive Summary
Part II. Methodology
Part III. Outcome
Include the following: 1) evaluation of project’s ability to meet goals and expected performance measures and provide
explanation for why goals were not met, if applicable; 2) identify successful outcomes, areas for improvement, and
quantifiable metrics (including the assigned metric in Exhibit A, if applicable) as a result of the project; and 3) final
project photos, if an implementation construction project.
Part IV. Further Recommendations
Instructions for completing Exhibit F Final Project Report Form:
DEP AGREEMENT NO.: This is the number on your grant agreement.
GRANTEE NAME: Enter the name of the grantee’s agency.
PROJECT TITLE: Enter the title shown on the first page of the grant agreement.
MONTH & YEAR: Enter month and year of publication
The final Project Report must contain the following sections: Executive Summary, Methodology, Outcome, and
Further Recommendations. The Final Project Report must comply with the publication requirements in the grant
agreement. Please limit the final project report to no more than five (5) pages. One electronic copy shall be submitted
to the Department’s Grant Manager for approval. Final payment will be held until receipt and approval of the Final
Project Report.
Questions regarding completion of the Final Project Report should be directed to the Department’s Grant Manager,
identified in paragraph 18 of this agreement.
Exhibit G, DEP Agreement #: 22PLN41
11/19/2021 Page 1 of 1
Florida Department of Environmental Protection
EXHIBIT G
PHOTOGRAPHER RELEASE FORM
FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS
DEP AGREEMENT NO: 22PLN41
RELEASE FORM FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS
Owner/Submitter’s Name:
Address:
City: State: Zip:
Phone Number: ( ) Email:
License and Indemnification
I certify that I am the owner of the photograph(s), video(s), audio recording(s) and/or artwork(s) being submitted and
am eighteen (18) years of age or older.
I hereby grant to the Florida Department of Environmental Protection the royalty-free and non-exclusive right to
distribute, publish and use the photograph(s), video(s), audio recording(s) and art work(s) submitted herewith (the
“Work”) to promote the Florida Department of Environmental Protection. Uses may include, but are not limited to:
1. Promotion of FDEP (including, but limited to publications, websites, social media venues, advertisements,
etc.); and
2. Distribution to the media; and
3. Use in commercial products.
The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate
by the Florida Department of Environmental Protection. No Work will be returned once submitted.
I hereby acknowledge that the Florida Department of Environmental Protection shall bear no responsibility whatsoever
for protecting the Work against third-party infringement of my copyright interest or other intellectual property rights
or other rights I may hold in such Work, and in no way shall be responsible for any losses I may suffer as a result of
any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other
individual or entity.
I hereby unconditionally release, hold harmless and indemnify the Florida Department of Environmental Protection,
its employees, volunteers, and representatives of and from all claims, liabilities and losses arising out of or in
connection with the Florida Department of Environmental Protection’s use of the Work. This release and
indemnification shall be binding upon me, and my heirs, executors, administrators and assigns.
I have read and understand the terms of this release.
Owner signature: Date:
Photo/video/audio/artwork/recording
file name(s):
Location of photo/video/audio
recording/artwork:
Name of person accepting Work submission
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RESILIENT FLORIDA GRANT PROGRAM
CONTRACTUAL SERVICES CERTIFICATION
Exhibit H
Required for all grant agreements that include Contractual Services as an expenditure category.
DEP Agreement Number:
Project Title:
Grantee:
Prior to making a request for payment of contractual services, the Grantee must provide the
following to the Department Grant Manager then responsible for the Grantee’s Resilient Florida
Grant Program grant agreement:
1. Documentation of the Grantee’s procurement process, as consistent with Attachment
1, Paragraph 9(c) and Attachment 2, Paragraph 11;
2. A list of all subcontractor quote and/or bid amounts (as applicable), including the
company name and address for each subcontractor;
3. An explanation of how and why the Grantee made their determination(s) for the
subcontractor(s) selected to perform certain task(s) under the Grantee’s relevant grant
agreement; and
4. This Exhibit H, signed and dated by the Grantee’s own (non-Departmental) grant
manager.
By signing below, I certify that, on behalf of the Grantee, I have provided all the information
required by items 1. through 3. of this exhibit, as stated above, to the Department Grant Manager
currently responsible for the Grantee’s Resilient Florida Grant Program grant agreement. I also
certify that the procurement process the Grantee utilized follows all of said Grantee’s non-
Departmental policies and procedures for subcontractors.
Grantee's Grant Manager Signature
Print Name
Date
22PLN41
City of Dania Beach Vulnerability Assessment
City of Dania Beach
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RESILIENT FLORIDA GRANT PROGRAM
VULNERABILITY ASSESSMENT COMPLIANCE CHECKLIST CERTIFICATION
Exhibit I
Required for all planning grant agreements.
DEP Agreement Number: __________________________
Project Title: ____________________________________
Grantee: ________________________________________
In accordance with subsection 380.093(3), F.S., the following components, scenarios, data, and
information are required for a comprehensive Vulnerability Assessment (VA). The checklist must be
completed and submitted with the final VA Report deliverable, pursuant to Attachment 3, Grant Work
Plan. The Grantee must abide by the Department’s GIS Data Standards found on the Resilient Florida
Program webpage at the link below:
KWWSV IORULGDGHSJRYUFSUHVLOLHQWIORULGDSURJUDPGRFXPHQWVUHVLOLHQWIORULGDSURJUDPJLVGDWD
VWDQGDUGV
Part 1 – Subparagraph 380.093(3)(c)2., F.S.
Item
ID
Check if
Included Item Description
Page Reference
in VA Report
(if applicable)
a ܆
Final Vulnerability Assessment Report that provides details on
the results and conclusions, including illustrations via maps and
tables.
All electronic mapping data used to illustrate flooding and sea level rise impacts that are identified
in the VA must be provided in the format consistent with the Department’s GIS Data Standards
and include the following three (3) items:
b տ Geospatial data in an electronic file format.
c
տ
GIS metadata.
d տ
List of critical assets for each jurisdiction, including regionally
significant assets, that are impacted by flooding and sea level
rise. The list must be prioritized by area or immediate need and
must identify which flood scenario(s) impacts each asset
Part 2 – Subparagraphs 380.093(3)(d)1. and 380.093(3)(d)2., F.S.
Item
ID
Check if
Included Item Description
Page Reference
in VA Report
(if applicable)
e Peril of Flood Compliance Plan amendments developed that
address paragraph 163.3178(2)(f), F.S., if applicable.
Exhibit I
1 of 3
Rev. 1/18/2023
22PLN41
City of Dania Beach Vulnerability Assessment
City of Dania Beach
܆ Not applicable տ Already in compliance
f տ Depth of tidal flooding, including future high tide flooding,
using thresholds published and provided by the Department.
g տ
To the extent practicable, analysis geographically displays the
number of tidal flood days expected for each scenario and
planning horizon. (optional)
h տ
Depth of current and future storm surge flooding using publicly
available NOAA or FEMA storm surge data. (check one)
տ NOAA data տ FEMA data
i տ Initial storm surge event equals or exceeds current 100-year
flood event.
j տ Higher frequency storm analyzed for exposure of a critical asset.
(optional, but must provide additional detail if included)
k տ
To the extent practicable, rainfall-induced flooding was
considered using spatiotemporal analysis or existing hydrologic
and hydraulic modeling results. (required if item e is not
applicable)
l տ Future boundary conditions have been modified to consider sea
level rise and high tide conditions. (optional)
m տ Depth of rainfall-induced flooding for 100-year storm and 500-
year storm event. (required if item e is not applicable)
n տ
To the extent practicable, compound flooding or the
combination of tidal, storm surge, and rainfall-induced flooding.
(optional)
Part 3 – Subparagraph 380.093(3)(d)3., F.S.
Item
ID
Check if
Included Item Description
Page Reference
in VA Report
(if applicable)
o տ All analyses performed in North American Vertical Datum of
1988.
p տ
Includes at least two local sea level rise scenarios, which must
include the 2017 NOAA intermediate-low and intermediate-
high sea level rise projections.
q տ Includes at least two planning horizons, which must include
years 2040 and 2070.
r տ Utilizes local sea level data that has been interpolated between
the two closest NOAA tide gauges.
s տ
Local, publicly available, sea level data was taken from one of
the two closest NOAA tide gauges, which must be the gauge
with the highest mean sea level (if so, provide Department
approval).
Exhibit I
2 of 3
Rev. 1/18/2023
Identify all counties and municipalities that are included in this Vulnerability Assessment:
I certify that, to the Grantee’s knowledge, all information contained in this completed Vulnerability
Assessment Compliance Checklist is true and accurate as of the date of the signature below.
Grantee's Grant Manager Signature
Print Name
Date
Exhibit I
3 of 3
Rev. 1/18/2023
______________________________________________________________________________
PUR 1808 (08/22) Page 1 of 1 60A-1.020, F.A.C.
COMMON CARRIER OR CONTRACTED CARRIER ATTESTATION
FORM
(PUR 1808)
Exhibit J
This form must be completed by a Common Carrier or contracted carrier and submitted to the
Governmental Entity with which a Contract being is executed, amended, or renewed. Capitalized
terms used herein have the definitions ascribed in section 908.111, F.S.
is not willfully providing and will not willfully provide
any service during the Contract term in furtherance of transporting a person into this state
knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or
departure of the person from this state or the United States.
Under penalties of perjury, I declare that I have read the foregoing statement and that the facts
stated in it are true.
Printed Name:
Title:
Signature: Date:
Andrea Pelton
City of Dania Beach
City Manager Memorandum
DATE: 9/26/2023
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Candido Sosa-Cruz, ICMA-CM , Deputy City Manager
SUBJECT: ADOPTING THE UPDATE OF THE BROWARD COUNTY LOCAL
MITIGATION STRATEGY (LMS) PLAN
Request:
City Administration is requesting approval of Resolution authorizing the City to adopt the
update of the multi-jurisdictional Local Mitigation Strategy (LMS) Plan.
Background:
After Hurricane Andrew in 1992, Broward County first applied for Hazard Mitigation Grant
Program (HMGP) projects through FEMA. At that time, there was not a countywide hazard
mitigation plan in existence for Broward County. In the mid- 1990’s as part of trying to
implement the 404 (mitigation)/406 Public Assistance programs and the HMGP program for
Hurricane Andrew, Broward County recognized a void and began the process to formulate the
County’s first hazard mitigation plan. The Plan has seen many updates and versions since to
address current hazard mitigation practices and planning.
Prior to the creation of the LMS, there was no existing comprehensive, cohesive, or coordinated
hazard mitigation program established for Broward County and its 31 municipalities to deal with
emergency response and recovery issues, long and short-term planning issues, and economic
issues relating to mitigation. The development and implementation of a local mitigation strategy
provides a mechanism to address issues that will reduce or eliminate exposure to hazard impacts.
The LMS has the on-going support of all Broward County municipalities, private sector, and
nonprofit organizations. This document will be utilized as a viable working tool to mitigate
losses.
Broward County’s 1.9 plus million residents are the ultimate benefactors of this hazard
mitigation project. An immediate short-term benefit of this project is to provide a forum for
discussion and implementation of mitigation for Broward County. Minimizing and breaking the
repetitive cycle of destruction and rebuilding after a disaster is a long-term goal that may be
achieved by the implementation of this strategy.
Broward County Board of County Commissioners (Board) has consistently updated the plan as
required. The Board adopted Resolution No. 2017-650 which approved an enhancement to the
LMS plan, modifying and improving previous versions of the plan. Between November 2021
and May 2022, the County’s Emergency Management Division held quarterly meetings to gather
public comments prior to submitting the proposed LMS plan to Florida Division of Emergency
Management and (FDEM) and Federal Emergency Management Agency (FEMA) for final
review and approval. On July 11, 2023, FDEM approved the proposed LMS plan and FEMA
approved the proposed LMS plan on July 3, 2023, contingent upon its adoption by the county.
The City of Dania Beach adopted the prior LMS on June 19, 2018.
Budgetary Impact
The City of Dania Beach must adopt the revised plan to remain eligible for FEMA grant funding.
Recommendation
The City Administration recommends approving the attached Resolution and adopting the update
of the Local Mitigation Strategy (LMS) Plan.
Attachments: R-2023- Broward County LMS Update
Broward County LMS 2023 Plan Update
cc: Eve Boutsis, City Attorney
Lori Adams, Legal Department Manager
Fernando Rodriguez, Public Services Director
Eleanor Norena, Community Development Director
Dincer Ozaydin, Public Services Deputy Director
Colin Donnely, CIP and Grants Administrator
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.
WHEREAS, Federal Emergency Management Agency ("FEMA") regulation 44
C.F.R. § 201.6(d)(3) requires local jurisdictions to review and update their Local Mitigation
Strategy ("LMS") plan every five (5) years to reflect changes in development, progress in
mitigation efforts, and changes in priorities in order to maintain eligibility for mitigation
project grant funding; and
WHEREAS, the plan serves as a blueprint for mitigation planning to assist local
governments in reducing threats from natural and manufactured hazards; and
WHEREAS, the plan is submitted to the Florida Division of Emergency
Management ("FDEM") for initial review and coordination, then to FEMA for review and
approval; and
WHEREAS, the Broward County Board of County Commissioners (the "Board") has
consistently updated the plan as required; and
WHEREAS, on December 12, 2017, the Board adopted Resolution No. 2017-650,
which approved an enhancement to the LMS plan, modifying and improving previous
versions of the plan; and
WHEREAS, between November 2021 and May 2022, the County's Emergency
Management Division held quarterly public meetings to gather public comments prior to
submitting the proposed LMS plan to FDEM and FEMA for final review and approval;
and
WHEREAS, on July 11, 2023, FDEM approved the proposed LMS plan; and
WHEREAS, FEMA approved the proposed LMS plan on July 31, 2023,
contingent upon its adoption by the County; and
WHEREAS, the City adopted the prior LMS on June 19, 2018; and
2 RESOLUTION #2023-______
WHEREAS, FEMA over the years has approved funding under the FEMA Hazard
Mitigation Grant Program through Broward County, which the City can access the grant funds by
adhering to federal rules, which require that the City adopt the County’s Local Mitigation Strategy
(LMS); and
WHEREAS, the City must adopt the revised plan to remain eligible for FEMA grant
funding; and
WHEREAS, the City Commission finds it in the best interest of the City to approve the
ILA.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1.That the foregoing “WHEREAS” clauses are ratified and confirmed as
being true and correct, and they are made a specific part of and incorporated into this Resolution
by this reference.
Section 2.That the Local Mitigation Strategy ("LMS") plan is approved, in
substantially the form attached as Exhibit “A,” together with such non-substantial changes as may
be acceptable to the City Manager and approved as to form and legality by the City Attorney.
Section 3.That the proper City officials are authorized to execute all necessary
documents and to take any necessary action to effectuate the intent of this Resolution.
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 ______
3 RESOLUTION #2023-______
ATTEST:
ELORA RIERA, MMC ARCHIBALD J. RYAN IV
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
4 RESOLUTION #2023-______
Exhibit “A”
Local Mitigation Strategy ("LMS")
(See Following Pages)
Broward County
Emergency Management Division
LOCAL MITIGATION STRATEGY
for
Broward County
and its
Municipalities
July 2023
Broward County Emergency Management
Enhanced Local Mitigation Strategy
September 2022
Page | 2
September 2022
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Broward County Emergency Management
Enhanced Local Mitigation Strategy
September 2022
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September 2022
Table of Contents
PREFACE ............................................................................................................................................................ 9
CHAPTER 1: INTRODUCTION........................................................................................................................ 15
LMS Working Group ........................................................................................................................................... 15
LMS Sub Committees .......................................................................................................................................... 16
CHAPTER 2: BROWARD COUNTY PROFILE .............................................................................................. 17
GEOGRAPHY ........................................................................................................................................... 17
DEMOGRAPHICS ..................................................................................................................................... 18
Table 2.1: Mandatory Evacuation Areas ...................................................................................................... 19
Map 2.1: Broward County Hurricane Evacuation Zones ........................................................................... 20
Table 2.2: Current Municipal Populations and Percent Changes: 2000, 2010, 2020 ........................... 22
Table 2.3: Other Key Demographic Data per Municipality ........................................................................ 23
Table 2.4: Key Economic Factors by Community....................................................................................... 25
CHAPTER 3: PLANNING PROCESS ............................................................................................................. 26
HISTORICAL REVIEW..................................................................................................................................... 26
PLANNING PROCESS .............................................................................................................................. 26
GENERAL BODY...................................................................................................................................... 28
COMMITTEES .......................................................................................................................................... 28
EXECUTIVE COMMITTEE ........................................................................................................................ 28
PLANNING SUBCOMMITTEE ................................................................................................................... 29
EDUCATION & OUTREACH SUBCOMMITTEE .......................................................................................... 29
PRIVATE SECTOR SUBCOMMITTEE ....................................................................................................... 30
CRS SUBCOMMITTEE ............................................................................................................................ 30
RESILIENCE SUBCOMMITTEE ................................................................................................................. 31
PLAN MAINTENANCE .............................................................................................................................. 32
METHOD AND SCHEDULE FOR MONITORING, EVALUATION, & REVISION ........................................... 32
PLAN MAINTENANCE METHOD AND APPROACH ................................................................................... 32
MUNICIPAL .............................................................................................................................................. 32
COUNTY .................................................................................................................................................. 34
REGIONAL ............................................................................................................................................... 34
STATE ..................................................................................................................................................... 35
IMPLEMENTATION ................................................................................................................................... 35
MONITORING........................................................................................................................................... 36
EVALUATION ........................................................................................................................................... 36
REVISION AND UPDATE .......................................................................................................................... 37
5 YEAR PLAN REVIEW ............................................................................................................................ 37
LOCAL ADOPTION ................................................................................................................................... 38
POST-DISASTER REVIEW AND UPDATE ................................................................................................ 38
RECOMMENDATIONS TO CONTINUALLY ENHANCE THE 5-YEAR PLAN REVIEW PROCESS ................ 38
Broward County Emergency Management
Enhanced Local Mitigation Strategy
September 2022
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September 2022
INCORPORATION INTO EXISTING PLANNING MECHANISMS .................................................................. 38
PLAN INTEGRATION EFFORTS ............................................................................................................... 39
JURISDICTION PLAN INTEGRATION PROCESS ...................................................................................... 39
BROWARD COUNTY COMPREHENSIVE EMERGENCY MANAGEMENT PLAN ........................................ 39
COUNTY COMPREHENSIVE PLAN .......................................................................................................... 40
SE FLORIDA REGIONAL CLIMATE CHANGE COMPACT: REGIONAL CLIMATE ACTION PLAN .............. 40
STATE’S RESILIENT FLORIDA PROGRAM .............................................................................................. 41
STATE’S ENHANCED HAZARD MITIGATION PLAN ................................................................................. 42
SOUTH FLORIDA WATER MANAGEMENT DISTRICT PLANNING ............................................................ 42
NATIONAL FLOOD INSURANCE PROGRAM AND COMMUNITY RATING SYSTEM ................................... 43
CAPITAL IMPROVEMENT PLANNING: LINKING LMS TO COUNTY AND MUNICIPAL CIPS ..................... 43
CONTINUED PUBLIC INVOLVEMENT ....................................................................................................... 44
CHAPTER 4: RISK ASSESSMENT ................................................................................................................ 46
INTRODUCTION ....................................................................................................................................... 46
Map 4.1: 2022 Broward County Base Map (Entire County) ...................................................................... 47
Map 4.2: 2022 Broward County Base Map (Developed Areas Only) ...................................................... 48
RISK ASSESSMENT METHODS ............................................................................................................... 49
Figure 4.1: Conceptual Model of Hazus-MH Methodology ....................................................................... 50
STATISTICAL RISK ASSESSMENT METHODOLOGY ............................................................................... 51
Figure 4.2: Conceptual Model of the Statistical Risk Assessment Methodology ................................... 52
ALR = ANNUALIZED LOSSES / TOTAL EXPOSURE................................................................................ 53
NATIONAL CLIMATIC DATA CENTER STORM EVENT DATABASE .......................................................... 53
Table 4.1: Total Building Values for Broward County, By Type (As of September 2022) .................... 54
Table 4.2: Average Just Value for Broward County, By Type .................................................................. 55
CRITICAL FACILITIES .............................................................................................................................. 56
POPULATION AND DEVELOPMENT TRENDS .......................................................................................... 56
POTENTIAL IMPACT TO JURISDICTIONS ................................................................................................. 56
Figure 4.3: Population Projections for Broward County 2000-2035......................................................... 57
Map 4.3: Critical Facilities .............................................................................................................................. 58
HAZARD VULNERABILITY PROFILE FOR EXISTING AND FUTURE LAND USE ....................................... 59
STORM SURGE FROM TROPICAL CYCLONES........................................................................................ 60
FLOOD ..................................................................................................................................................... 60
WILDFIRE ................................................................................................................................................ 61
Table 4.3: Total County Acres in Hazard Areas by Existing Land Use Category .................................. 61
Table 4.4: Total and Undeveloped Acres in Hazard Areas by Future Land Use Category .................. 62
MAJOR DISASTER DECLARATIONS ........................................................................................................ 64
Table 4.5: Presidential Disaster Declarations for Broward County (1965–2022) .................................. 65
HAZARDS OF MOST SIGNIFICANT CONCERN FOR BROWARD COUNTY .............................................. 66
HAZARD IDENTIFICATION ....................................................................................................................... 66
Table 4.6: Most Significant Hazards of Concern for Broward County ..................................................... 67
Table 4.7: Hazards Excluded from Further Analysis .................................................................................. 68
Broward County Emergency Management
Enhanced Local Mitigation Strategy
September 2022
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Map 4.4: Peak Ground Acceleration for Earthquake Risk ......................................................................... 69
Map 4.5: Turkey Point Nuclear Power Plant Emergency Planning Zones.............................................. 70
NATURAL HAZARDS AND HUMAN CAUSED HAZARDS .......................................................................... 71
HAZARDS LOCATIONS ............................................................................................................................ 71
ATMOSPHERIC HAZARDS ....................................................................................................................... 71
Figure 4.4: Heat Index & Health Impacts at a Glance ............................................................................... 73
Figure 4.5: Köppen Climate Types of Florida .............................................................................................. 75
Table 4.8: Classification of major climatic types according to the modified Koppen-Geiger scheme. 75
Figure 4.6: Waterbodies & Surface Water Features .................................................................................. 78
Figure 4.7: Annual Average Temperature in Broward County from 1895 to 2022 ................................ 79
Figure 4.8: Annual Minimum Temperature in Broward County from 1895 to 2022 ............................... 80
Figure 4.9: Maximum Temperature in Broward County from 1895 to 2022 ........................................... 81
Figure 4.10: Broward County Urban Temperature from 1980 to 2021 .................................................... 82
Figure 4.11: Land Surface Temperature January 2020 ............................................................................. 83
Figure 4.12: Land Surface Temperature October 2016 ............................................................................. 84
Figure 4.13: Average Temperature by Census Block Groups .................................................................. 85
Table 4.8: Daily Climatological Records in Fort Lauderdale between 2017 – 2021 where Maximum
Temperature is ≥ 95°F .................................................................................................................................... 86
Table 4.9: Historical and Projected Heat Index........................................................................................... 87
Figure 4.14: Historical and Forecasted Temperature in Broward County ............................................... 88
Figure 4.15: Broward County Average Summer Temperatures & High-Risk Census Block Groups . 89
Figure 4.16: Heat Exposure & Socioeconomic Vulnerability .................................................................... 91
Figure 4.17: Heat Exposure & Social Vulnerability by Household Composition .................................... 92
Figure 4.18: Heat Exposure & Social Vulnerability by Minority Status & Language ............................. 93
Figure 4.19: Heat Exposure & Social Vulnerability by Household Type/Transportation....................... 95
Table 4.10: Enhanced Fujita Scale for Tornadoes ................................................................................... 100
Figure 4.20 Tornado activity in the United States based on the number of recorded tornadoes per
10,000 square miles. ..................................................................................................................................... 102
Table 4.11: Overall Historical Tornado Impact in Broward County by Jurisdiction .............................. 103
Table 4.12: Potential Annualized Losses by Jurisdiction (Tornado) ...................................................... 106
Table 4.13: Saffir-Simpson Hurricane Wind Scale ................................................................................... 109
Table 4.14: Hurricane Damage Classifications ......................................................................................... 110
Map 4.8: Storm Surge Inundation Zones ................................................................................................... 113
Map 4.9: Aerial of Storm Surge Inundation ............................................................................................... 114
Table 4.15: Historical Storm Tracks within 75 Miles of Broward County (1850–2022) ....................... 115
Figure 4.10: Empirical Probability of a Named Hurricane or Tropical Storm ........................................ 124
Table 4.16: Average Expected Hurricane Wind Speeds (Peak Gust) by Jurisdiction ......................... 124
Table 4.17: Potential Annualized Losses by Jurisdiction (Hurricane Wind) ......................................... 126
Table 4.18: Total Building Value of At-Risk Properties by Jurisdiction (Based upon a Category 3
Storm Surge) .................................................................................................................................................. 128
HYDROLOGIC HAZARDS ....................................................................................................................... 129
Figure 4.11: Palmer Drought Severity Index Summary Map for the United States ............................. 135
Table 4.19: Annualized Expected Agricultural Product Market Value Exposed to Drought ............... 138
Map 4.12: FEMA Flood Zones ..................................................................................................................... 142
Table 4.20: Potential Building Losses by Jurisdiction (10- and 50-year Riverine Flood Events) ...... 146
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Table 4.21: Potential Building Losses by Jurisdiction (100- and 500-year Riverine Flood Events) .. 147
Table 4.22: Total Building Value of At-Risk Properties by Jurisdiction (Riverine/Coastal Flood
Events) ............................................................................................................................................................ 149
Table 4.23: Total Bldg. Value of At-Risk Properties by Jurisdiction and Type of Building
(Riverine/Coastal Flood Events) ................................................................................................................. 150
Table 4.24: Total # of Buildings At-Risk Properties by Jurisdiction and Type of Building
(Riverine/Coastal Flood Events) ................................................................................................................. 151
Table 4.25: NFIP Repetitive Loss Properties by Jurisdiction (as of 2022) ............................................ 152
Table 4.26: NFIP SRL Properties by Jurisdiction (as of 2022) ............................................................... 153
Table 4.27: RL/SRL Properties by Property Type (as of 2022) .............................................................. 154
Map 4.13: Inundation Extent in Broward County under the NOAA Int-Low 2040 Sea Level Rise
Scenario .......................................................................................................................................................... 159
Map 4.14: Inundation Extent in Broward County under the NOAA Int-Low 2070 Sea Level Rise
Scenario .......................................................................................................................................................... 160
Map 4.15: Inundation Extent in Broward County under the NOAA Int-High 2040 Sea Level Rise
Scenario .......................................................................................................................................................... 161
Map 4.16: Inundation Extent in Broward County under the NOAA Int-High 2070 Sea Level Rise
Scenario .......................................................................................................................................................... 162
Table 4.28: Taxable Property Value County-wide projected to be at risk due to sea level rise under
NOAA 2017 Intermediate-High and Intermediate-Low scenarios for the 2040 and 2070 timeframes.
......................................................................................................................................................................... 163
Table 4.29: Loss Estimation of Broward Commercial Properties for NOAA Int-High & Int-Low 2040 &
2070 Sea Level Rise Scenarios .................................................................................................................. 163
Table 4.30: Land Use Impacts Under the NOAA Int-Low 2040 Sea Level Rise Scenario ................. 164
Table 4.31: Land Use Impacts Under the NOAA Int-Low 2070 Sea Level Rise Scenario ................. 164
Table 4.32: Land Use Impacts Under the NOAA Int-High 2040 Sea Level Rise Scenario ................ 165
Table 4.33: Land Use Impacts Under the NOAA Int-High 2070 Sea Level Rise Scenario ................ 165
GEOLOGIC HAZARDS ........................................................................................................................... 166
OTHER NATURAL HAZARDS ................................................................................................................. 166
Figure 4.12: Wildfire Risk Areas in Broward County ................................................................ 168
Table 4.34: Estimated Number of Structures at Risk from Wildfire ....................................................... 170
HUMAN CAUSED HAZARDS .................................................................................................................. 170
BIOLOGICAL HAZARDS ......................................................................................................................... 170
Table 4.35: Broward County Communicable Disease Cases ................................................................. 171
SOCIETAL HAZARDS ............................................................................................................................. 173
TECHNOLOGICAL HAZARDS ................................................................................................................. 181
Map 4.17: Toxic Release Inventory (TRI) Sites ........................................................................................ 183
Table 4.36: Estimated Exposure of People and Buildings by Jurisdiction (Fixed Site Toxic Release)
......................................................................................................................................................................... 185
Table 4.37: Estimated Exposure of People and Buildings by Jurisdiction (Mobile Site TRI) ............. 186
CONCLUSIONS ON HAZARD RISK ........................................................................................................ 187
PRIORITY RISK INDEX .......................................................................................................................... 187
Table 4.38: PRI Category ............................................................................................................................. 188
Table 4.39: Hazards ...................................................................................................................................... 189
FINAL DETERMINATIONS ...................................................................................................................... 189
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Table 4.40: Conclusions on Hazard Risk for Broward County ............................................................... 190
CHAPTER 5 – MITIGATION INITIATIVES ................................................................................................... 191
EXISTING MITIGATION INITIATIVES ...................................................................................................... 191
BUILDING PERMITTING ACTIVITIES ...................................................................................................... 192
CAPABILITY ASSESSMENT ................................................................................................................... 192
FUNDING PROGRAMS ........................................................................................................................... 192
FUTURE MITIGATION INITIATIVES ........................................................................................................ 198
Table 5.1: Mitigation Capital Improvement Projects ................................................................................. 199
GOALS AND OBJECTIVES AND STRATEGIES ....................................................................................... 200
PRIORITIZATION OF MITIGATION PROJECTS ....................................................................................... 205
COUNTY INITIATIVES ............................................................................................................................ 206
Table 5.2: Eligible Project Activities of the 5 FEMA Mitigation Grant Programs .................................. 210
PENDING WIND MITIGATION ACTIONS ................................................................................................ 211
COMPLETED FLOOD MITIGATION ACTIONS AND NATIONAL FLOOD INSURANCE PROGRAM (NFIP) BY
JURISDICTION ....................................................................................................................................... 211
BROWARD COUNTY, UNINCORPORATED BROWARD MUNICIPAL SERVICES DISTRICT – (CRS
COMMUNITY) ........................................................................................................................................ 211
COCONUT CREEK, CITY OF– (CRS COMMUNITY) ............................................................................. 212
COOPER CITY, CITY OF– (CRS COMMUNITY) .................................................................................... 212
CORAL SPRINGS, CITY OF– (CRS COMMUNITY) ............................................................................... 213
DANIA BEACH, CITY OF– (CRS COMMUNITY) .................................................................................... 214
DAVIE, TOWN OF– (CRS COMMUNITY) .............................................................................................. 214
DEERFIELD BEACH, CITY OF– (CRS COMMUNITY) ............................................................................ 215
FORT LAUDERDALE, CITY OF– (CRS COMMUNITY) ........................................................................... 215
HALLANDALE BEACH, CITY OF– (CRS COMMUNITY) ......................................................................... 216
HILLSBORO BEACH, TOWN OF– (CRS COMMUNITY) ......................................................................... 216
HOLLYWOOD, CITY OF– (CRS COMMUNITY) ..................................................................................... 216
LAUDERDALE-BY-THE-SEA, TOWN OF– (CRS COMMUNITY) ............................................................ 217
LAUDERDALE LAKES, CITY OF ............................................................................................................. 218
LAUDERHILL, CITY OF– (CRS COMMUNITY) ....................................................................................... 218
LAZY LAKE, VILLAGE OF ....................................................................................................................... 218
LIGHTHOUSE POINT, CITY OF – (CRS COMMUNITY) ......................................................................... 218
MARGATE, CITY OF– (CRS COMMUNITY) .......................................................................................... 219
MIRAMAR, CITY OF– (CRS COMMUNITY) ........................................................................................... 220
NORTH LAUDERDALE, CITY OF– (CRS COMMUNITY) ........................................................................ 221
OAKLAND PARK, CITY OF– (CRS COMMUNITY) ................................................................................. 221
PARKLAND, CITY OF ............................................................................................................................. 222
PEMBROKE PARK, TOWN OF ............................................................................................................... 223
PEMBROKE PINES, CITY OF- (CRS COMMUNITY) .............................................................................. 223
PLANTATION, CITY OF– (CRS COMMUNITY) ...................................................................................... 223
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POMPANO BEACH, CITY OF– (CRS COMMUNITY) ............................................................................. 224
SEA RANCH LAKES, VILLAGE OF ......................................................................................................... 226
SOUTHWEST RANCHES, TOWN OF ...................................................................................................... 226
SUNRISE, CITY OF– (CRS COMMUNITY) ............................................................................................ 226
TAMARAC, CITY OF – (CRS COMMUNITY) .......................................................................................... 227
WEST PARK, CITY OF........................................................................................................................... 228
WESTON, CITY OF ................................................................................................................................ 228
WILTON MANORS, CITY OF .................................................................................................................. 229
CONTINUED COMPLIANCE ................................................................................................................... 229
COUNTY-WIDE FLOOD LOSS REDUCTION STRATEGY ........................................................................ 229
APPENDICES .................................................................................................................................................. 231
APPENDIX A – PROJECT PRIORITIZATION MATRIX ............................................................................. 231
APPENDIX B – PROPOSED MITIGATION PROJECT FORM ................................................................... 231
APPENDIX C – MITIGATION PROJECT LIST ......................................................................................... 231
APPENDIX D – LMSWG MEMBERSHIP LIST ....................................................................................... 231
APPENDIX E – PLANNING PROCESS SUPPORT DOCUMENTS ............................................................ 231
APPENDIX F – RESOLUTIONS .............................................................................................................. 231
APPENDIX G – DISCONTINUED ELMS HAZARD PROFILES ................................................................ 231
APPENDIX H – LOCAL ENHANCED PLAN AND MITIGATION INTEGRATION SUMMARY ....................... 231
APPENDIX I – CRITICAL FACILITIES ..................................................................................................... 231
APPENDIX J – HAZARDS SUMMARY PROFILE ..................................................................................... 231
APPENDIX K – LOSS ESTIMATION TOOL ............................................................................................. 231
APPENDIX L – GRANT FUNDING SOURCES TABLE ............................................................................. 231
APPENDIX M – ALL HAZARDS SURVEY ............................................................................................... 231
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Preface
The Broward County Local Mitigation Strategy (LMS) was developed in 1997, 1998, 1999, and
2004, 2009, 2012 and 2017. This 2022 update supersedes the prior versions. It was first adopted
in March 2000, a follow-up revision was then adopted by the Broward County Board of County
Commissioners (BOCC) in April 2005 (Resolution #2005-344), and finally, the most recent official
submission to FEMA was adopted by Resolution by the BOCC on January 5, 2010 (Resolution
2010-015). This document was reviewed by the Florida Division of Emergency Management for
compliance and consistency with the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Stafford Act), as amended by Section 322 of the Disaster Mitigation Act of 2000
(P.L. 106-390); the National Flood Insurance Act of 1968, as amended by the National Flood
Insurance Reform Act of 2004 (P.L. 108-264); and 44 Code of Federal Regulations (CFR) Part
201 – Mitigation Planning, inclusive of all amendments through September 16, 2009.
In some chapters of the updated Broward County LMS for the year 2009, the data originally
submitted in 2004 remained in the LMS as they identify the background and development of the
LMS. In 2011-2012, at the County’s initiative, the LMS was again updated. The County included
enhanced components beyond FEMA’s and the State of Florida’s planning requirements to
produce an “Enhanced LMS” (ELMS). The 2022 update of the plan further expands the hazard
identification and vulnerability assessment components to examine new emerging threats and
hazards for possible inclusion, particularly urban heat impact. The ELMS conforms to the scope
of work items in the FEMA mitigation grant, while also closely mirroring the FEMA Enhanced State
Mitigation Plan regulations (where appropriate for locals) and the State’s preliminary draft
Enhanced Plan Guidance.
Overall, the ELMS has been the County’s strategy for positive change for the County’s mitigation
program in multiple ways. For the ELMS, a beneficial cost-effectiveness screening tool and a
framework for a more robust integration of hazard mitigation into the county’s core civic business
processes (e.g., comprehensive planning, capital improvement funding) was created. The ELMS
has also been the drive of more involved mitigation partnering opportunities for the Emergency
Management Division, Risk Management Division, the County’s property insurer, and the Broward
County Government Operations Climate Change group. (For more information on the Climate
Change, see the “Sea Level Rise/Climate Change” subsection in Chapter 4; for more information
on the County’s Climate Change group, see the Capability Assessment Subsection of Chapter
6). These partnerships are broadening the reach of mitigation beyond emergency management
to other vital county decision-making and investment processes. For example, the County is
seeking to better integrate mitigation into yearly, on-going decisions about county growth,
investment, and redevelopment, as well as partnering with other successful efforts, like climate
change adaptation that share similar goals.
The ELMS process has helped and will continue to explore short term and long-term strategies
and mitigation opportunities on a longer time horizon (i.e., 10 to 20 years) than the required 5-
year update, for which the initial steps should be started immediately. For example, climate
change action efforts may take longer to plan and implement as well as measures included for
funding under the Capital Improvement Plan (CIP), which is typically a 10-year horizon. The
following list includes the primary ELMS components that will lead to more robust integrated
mitigation efforts in the County:
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INCREASED MITIGATION
EFFECTIVENESS
HOW ACCOMPLISHED
A more detailed look at the
County’s risk to natural hazards
Sea level rise subsection
New urban heat impact subsection
Detailed economic hot spot analysis
describing risk in key economic areas.
Updated Hazus runs for wind and flood
hazards.
Updated hazard profile information
Emphasis on collaboration and
coordination with other agencies
and organizations, especially
municipalities, the private sector
and other similar groups(Climate
Change Government Action
Group)
Reinforce the Climate Change Task Force’s
Adaptation Action Areas for long term
planning.
Coordination with Risk Management and
county insurer to collaborate on additional
mitigation.
Reinvigorated Private Sector Committee
Encourage municipalities to increase CRS
class rating and provide training/awareness
opportunities.
Multiple opportunities and forums for
discussing risk, actions, and priorities
Integration into other pre- and
post- disaster recovery processes
Better integration with recovery planning (all
documents under the Broward County
Recovery Plan. These include the Recovery
Support Functions (RSF), the Recovery
Framework, Damage Assessment, and
Infrastructure.
Quickly identify opportunities to do Public
Assistance 406 Mitigation by providing
training on eligible projects, pre-identification
of potential projects, when to identify and
implement projects, and how to potentially
comingle with other funding sources to
maximize disaster resiliency.
Prepare post-disaster SOP for vulnerable
facilities.
Disaster Housing (integration of Housing
Vulnerability into ELMS)
Identify in Continuity of Operations (COOP)
plans facilities that need additional mitigation
to preserve function in post-disaster
environment
Integration into community
planning processes
County seeks to find ways to better integrate
mitigation into comprehensive planning and
capital improvement planning.
County encourages municipalities to follow
this process and provides tools to do so
Development of innovative tools
to increase local mitigation
funding
Support future reorganization of the Mitigation
Assessment Team (MAT) tool, which
provides a mechanism for considering
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INCREASED MITIGATION
EFFECTIVENESS
HOW ACCOMPLISHED
mitigation for each community investment
(not just post-disaster and mitigation grants);
helps instill a mindset to always consider
mitigation)
Continued use of the Loss
Estimation Tool to better evaluate
mitigation project ideas for FEMA
funding
Loss Estimation Tool (LET), which helps
screening of potential mitigation projects to
measure cost-effectiveness for FEMA
mitigation programs.
Revise project prioritization criteria to better
identify high quality, eligible-type, and
effective hazard mitigation grant projects
Review past mitigation actions to
better define and validate their
effectiveness
Exercise of recovery and
mitigation actions, strategies, and
objectives to increase likelihood
of success in post-disaster
environment
Reinforce important mitigation funding
opportunities such as the Public Assistance
406 program in immediate recovery.
Include hazard mitigation in emergency
management training classes to heighten
awareness for increasing the likelihood of
project identification during response and
recovery.
Identify key officials and issues.
Establish support networks.
Increase the effectiveness of working
relationships
The following are the most prevalent benefits of the ELMS for Broward County:
Better educated and aware agencies and municipalities
More channels for hazard mitigation integration and intra-county coordination (e.g.,
project identification, outreach and education, county funded mitigation, recovery,
community planning processes, federal grants)
Establishment of working relationships pre-disaster with multiple key stakeholders
Increased community funding to mitigation: 1) piggyback on the county insurer’s
requirements; 2) look for mitigation opportunities in CIP process; 3) partner with County
Government Operations Climate Change and LEED group.
Initial screening of mitigation project candidates focuses County and municipal efforts on
project ideas more likely to be eligible under FEMA programs.
Increased discussion of best practices and lessons learned including input from
jurisdictions and organizations outside of Broward.
Increased participation in CRS
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Using the EMAP Hazard Mitigation standards as a benchmark and best practices.
Ensuring the ELMS continues to meet the EMAP Hazard Mitigation standards augments
the existing mitigation program and develops a greater ability to recover more quickly
from disasters.
Continuation of the robust and comprehensive hazard mitigation program in Broward
County that will make the County and its municipalities more disaster resistant and
resilient.
This 2022 ELMS update includes the following information and data:
Chapter 1 - Introduction
Description of additions to the LMS document because of the ELMS planning process.
Chapter 2 - Broward County Profile
The Broward County Profile was revised with updated demographic and economic data to reflect
current conditions in Broward County.
Chapter 3 - Planning Process
The original Planning Process and the 2002 update remains part of the LMS documentation, as
it gives a history of the development of the LMS. In 2009, the chapter was revised to further
define the LMS Working Group and the new Executive Committee. This chapter has been revised
in this 2022 update to incorporate findings from meetings that occurred during the ELMS planning
process, which includes an emphasis on the CRS program and engagement with the Planning
Subcommittee to oversee the plan update cycle. It also includes Plan Maintenance. The plan
maintenance and updating procedures were updated to ensure continued compliance with the
Emergency Management Accreditation Program (EMAP) standards. This section was revised
during the ELMS process to include additional ways to integrate mitigation into other planning
mechanisms.
Chapter 4 - Risk Assessment
This chapter underwent major revisions and updates in 2009, 2011-2012, 2017, and again in 2022
to depict risk more accurately for Broward County and its municipalities to all hazards. The risk
data in the tables and figures were evaluated for current validity. If key risk data was insufficient,
the information was updated. This chapter also includes a subsection on climate change and sea
level rise, and urban heat impact.
Chapter 5 - Mitigation Initiatives
The Mitigation Initiatives chapter been revised to reflect current goals, objectives, and community
actions. It also provides information on the project review and prioritization process as well as
the incorporation and/or description of tools developed under the ELMS project (Loss Estimation
Tool, Mitigation Assessment Team tool). In addition, the chapter has a section detailing
compliance with Element 15 (Identification and Analysis of Mitigation Actions: NFIP Compliance)
of the FEMA Planning Guidance.
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Appendix A – Project Prioritization Matrix
A new Project Prioritization matrix was developed for the County in 2012 and revised as part of
the EMAP self-assessment phase for Broward County in 2016. All current and future projects in
Appendix C will be scored and ranked accordingly.
Appendix B – Proposed Mitigation Project Form
The Plan includes the LMS Proposed Project Form used to submit projects that reflects criteria in
the Project Prioritization Matrix, key information needed to understand FEMA grant program
eligibility, and information needed for CRS Activity 510.
Appendix C – Mitigation Project List
This list was updated on September 29, 2022, and it was recommended to the county to revise it
again later in 2012 with sub applicants resubmitting their projects through the new Proposed
Mitigation Project Form which was updated in 2016 to include consideration of hazards of most
significant concern. The status for each project is included. Projects that have been completed
or no longer viable are listed separately at the bottom of the list. This list has been evaluated and
the projects that are not eligible for FEMA mitigation grants have been moved to a separate tab
in the spreadsheet. The WebEOC LMS Dashboard is used by the LMS Working Group as a way
of submitting proposed projects for review and consideration for funding by the Florida
Department of Emergency Management Mitigation Branch.
Appendix D – LMSWG Membership List
This list is updated with the current membership as of September 29, 2022.
Appendix E – Planning Process Support Documents
Changes that were made in 2022 to reflect the ELMS meetings in 2021 to 2022.
Appendix F - Resolutions
Includes most current resolutions.
Appendix G – Discontinued ELMS Hazard Profiles (Formerly the CRS/NFIP Supporting
Documentation)
This appendix contains previous ELMS version Hazard Profiles that are no longer considered
Hazards of Most Significant Concern because of the 2017 Risk and Vulnerability Assessment
Workshop. Copies of CRS Form AW-214- or 3/5-year Cycle approval documentation for
participating CRS communities are now being maintained by CRS Coordinators at the municipal
level and are accessible through the LMS CRS Subcommittee/User Group.
Appendix H – Local Enhanced Plan and Mitigation Integration Summary
The Repetitive Loss Property information for the County is tracked by Broward County Emergency
Management in accordance with FEMA guidelines. It is protected from release by the Privacy
Act of 1974, 5 U.S.C. Section 552(2) and not available to the public. Therefore, a decision was
made to open this appendix to a document available to the public, the Mitigation Integration
Summary. This appendix includes recommendations on how to meet the proposed draft Local
Enhanced Plan requirements from Florida. This appendix also includes a summary of plan
integration efforts.
Appendix I – Critical Facilities
This appendix shows Table 4.28, At-Risk Critical Facilities (Coastal Flood Events)
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Appendix J – Hazards Summary Profile (Changed from EMAP Crosswalk to Hazards Summary
Profile in 2016 and updated in 2017)
Describe the consequence analysis on the impacts of the following: public, responders,
continuity of operations, property, facilities and infrastructure, the environment, economic
condition, and public confidence in the Broward County’s ability to govern.
Appendix K – Loss Avoidance Studies (LAS)/Loss Estimation Tool (LET)
Includes LAS study conducted in 2011-2012 and LET for flood and wind projects.
Appendix L – Grant Funding Sources
Appendix M – All Hazards Survey
Includes the results of the All-Hazards Survey from responding jurisdictions.
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Chapter 1: Introduction
Prior to the creation of the LMS, there was no existing comprehensive, cohesive, or coordinated
hazard mitigation program established for Broward County and its 31 municipalities to deal with
emergency response and recovery issues, long and short-term planning issues, and economic
issues relating to mitigation. The development and implementation of a local mitigation strategy
provides a mechanism to address issues that will reduce or eliminate exposure to hazard impacts.
The Disaster Mitigation Act of 2000 (DMA 2000) requires all local governments to have a hazard
mitigation plan in place to receive mitigation funding from the Federal Emergency Management
Agency (FEMA). The DMA 2000 (Public Law 106-390) indicates that as of November 1, 2004,
any local government that does not have a FEMA approved hazard mitigation plan in place is not
eligible to receive federal pre- or post-disaster hazard mitigation funding. This Plan represents all
jurisdictions in Broward County.
FEMA defines hazard mitigation as any sustained action taken to reduce or eliminate long-term
risk to life and property from a hazard event. Mitigation planning is defined as a process for
systematically identifying policies, activities, and tools that can be used to implement those
actions.
The LMS has the on-going support of all Broward County municipalities, private sector, and
nonprofit organizations. This document will be utilized as a viable working tool to mitigate losses.
Mitigation will be institutionalized at the local level through the local mitigation strategy review
process. Entities are encouraged to continue to identify and prioritize projects on a frequent basis
and not just part of the annual review process.
Broward County’s 1.9 plus million residents are the ultimate benefactors of this hazard mitigation
project. An immediate short-term benefit of this project is to provide a forum for discussion and
implementation of mitigation for Broward County. Minimizing and breaking the repetitive cycle of
destruction and rebuilding after a disaster is a long-term goal that may be achieved by the
implementation of this strategy.
The Enhanced LMS plan document and planning process continues to evolve to meet and/or
exceed federal and state requirements with a goal of increasing its effectiveness including:
• More coordination with the private sector through the Private Sector Committee
• More emphasis on the county and municipalities obtaining more CRS credit points to
improve their CRS Class Rating through a more robust CRS Subcommittee and CRS User
Group
• Development of tools that will help determine better candidates for FEMA mitigation grants
by looking at the degree of risk as determine by potential future losses.
• Development of a process/tool that can help identify year-round mitigation opportunities
which include new construction, retrofits, upgrades, and enhancements.
• Methodology for integrating with other county and municipal planning mechanisms
including comprehensive plans and capital improvements plans.
LMS Working Group
The LMS Working Group (LMSWG) consists of designated representatives from each
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municipality, county government representatives that address the issues of unincorporated
portions of the county and county owned facilities, Hospitals, School District, Universities, Housing
Authorities, and Private Sector companies. State and federal agencies are also represented. The
makeup of the Working Group is not limited to these entities. On the contrary, anyone who desires
to participate in the LMSWG is welcome to do so.
LMS Sub Committees
To better structure the Working Groups’ activities, several subcommittees work at addressing a
specific area of concern. The Executive Committee serves as the overall governing body of LMS,
represented by the chairperson and alternate of each subcommittee, the LMS Working Group
Chair, and the LMS Coordinator. It also acts as the review committee for the ELMS Plan adoption
and the prioritization of LMS projects. Membership on any subcommittee shall be voluntary and
subject to the review of the Working Group. A subcommittee member who fails to attend a
reasonable number of subcommittee meetings may be dropped from participation in the
subcommittee by a majority vote of the other members of that subcommittee. As of September
2022, the LMSWG subcommittees are:
• Planning
• Education and Outreach
• Resilience
• Private Sector
• Community Rating System (SRS)
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Chapter 2: Broward County Profile
Geography
Broward County comprises 1,225 square miles, located on the South Florida Peninsula, between
the Atlantic Ocean and the Everglades. It is bordered by Miami-Dade County to the south, Palm
Beach County to the north, Collier County to the west, and Hendry County to the northwest. The
County is characterized by flat low-lying topography, mostly less than ten feet (averaging 6 feet)
above mean sea level, which must be drained and reclaimed to be developed. Additionally, 4.9
square miles adjacent to U.S. 27, have been designated and acquired for conservation in the East
Coast Buffer/Water Preservation Area. The County has 24 miles of coastline and 300 miles of
inland waterways. There are 2 state parks in Broward County. Attractive sand beaches and a
subtropical climate have led to development of the County’s tourism industry. Most beachfront
land is built up with high-rise hotels and condominiums. Westward expansion of development
continued through the first decade of the 2000’s. Though the County is rapidly approaching a
build-out state population growth continues with redevelopment of areas within a broad swath of
Central Broward extending north and south from county-line to county-line.
Broward County is accessible by road, rail, air, and sea. There are 3 interstate highways and
Florida’s Turnpike. Interstate 95 and the Turnpike provide the primary north-south connections.
There are 2 north-south rail corridors that extend into Miami-Dade and Palm Beach counties: the
Florida East Coast Railroad Company railway and the South Florida Rail Corridor (formerly CSX).
Port Everglades seaport is the world's third largest cruise-port. About 2.5 million passengers were
accommodated at the Port in 2020. This is a reduction due to the COVID 19 pandemic. On
average between 2011 to 2019 Port Everglades accommodated 3.8 million passengers. In FY
21, The dollar value breakdown of all cargo types of Port-wide trade was nearly equal with exports
representing 49.9% and import representing 50.1%. Port Everglades kicked off Fiscal Year 2022,
which began October 1, 2021, with a record-setting first month reaching 94,588 TEUs (20-foot
equivalent units. Container volumes were up 5.5 percent in October 2021 over the previous
October record set in 2018. Fort Lauderdale-Hollywood International Airport passenger counts
increased by 63.9% between 2010 and 2019. In 2020 during the COVID-19 pandemic passenger
counts reduced from 36,747,622 in 2019 to 16,484,132. In 2021, Fort Lauderdale-Hollywood
International Airport (FLL) is one of the fastest-recovering airports in the U.S. in 2021. Despite the
impact of the COVID-19 pandemic on the aviation industry in 2020, FLL ranked 6th in total
passenger traffic recovery and 4th in international traffic recovery amongst U.S. airports.
South Florida’s Water Conservation Areas (WCA) 2 and 3 are two sections of northern
Everglades. Water Conservation Area 2 (WCA-2) is a sawgrass wetland that encompasses an
area of 210 square miles and represents the smallest of the three Everglades Water Conservation
Areas. According to the 2021 South Florida Environmental Report 79.9% of the inflow water
entering WCA-2 originates from the Everglades Agricultural Area (EAA). Water Conservation
Area 3 (WCA-3), the largest of the three Everglades WCA’s, is in western Dade and Broward
counties. WCA-3 covers an area of 915 square miles. The area is predominately a vast sawgrass
marsh dotted with tree islands, wet prairies, and aquatic sloughs. The underdeveloped WCA
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makes up two-thirds of Broward County square mileage (see Map 4.1) and serve multiple water
resource and environmental purposes, including flood control, water supply and habitat for South
Florida’s plant and animal communities. Ownership of the WCA’s is mixed, with State, South
Florida Water Management District, and private ownership. The State leases portions of its land
to the Miccosukee Indian Tribe. The Florida Fish and Wildlife Conservation Commission is
responsible for managing the area.
There are 31 municipalities in Broward County. According to the 2020 Census, these communities
ranged in population size from 33 (Lazy Lake) to 182,760 (Fort Lauderdale). Seven cities each
have more than 100,000 residents: Fort Lauderdale, Pembroke Pines, Hollywood, Miramar, Coral
Springs, Pompano Beach, and Davie. Nine municipalities share the Broward County coastline.
Demographics
Much of the demographic information from this section was primarily taken from the United States
Census Bureau decennial censuses (2000, 2010, & 2020) and the 2019 American Community
Survey (ACS) 5-Year Estimates. According to 2020 Census, Broward County was the second
most populous county in the State of Florida, with 1,944,375 people. At the 2010 Census
conducted on April 1, 2010, the population of Broward County stood at 1,748,066. The percentage
population gain from 2010 to 2020 was 11.2% (an increase of 196,309 people).
Broward County is composed of 31 Municipalities as well as Broward Municipal Services District,
also referred to as unincorporated areas. Data from Census 2000 was not available for 2 of the
31 municipalities, West Park and Southwest Ranches incorporated after April 2000. The most
significant population increases between 2000 and 2010 were seen in Parkland (73%), Miramar
(68%), and Weston (33%). The most significant percent change between 2010 and 2020 were
seen in Parkland (45%), Lazy Lake (38%), Cooper City (21%), and Tamarac (19%). In 2020, Fort
Lauderdale (182,760) and Pembroke Pines (171,178) continued as the 2 largest Municipalities in
Broward County, making up 18% of the total Broward County population (see Table 2.2).
According to the 2019 ACS 5-Year Estimates, 314,061 people (16.3%) were 65 years of age or
older, including 139,141 (7.2%) that were age 75 or older; there were also some 112,234 (5.8%)
children under the age of 5 years. The percentages of people over 75 and under 5 years old have
remained relatively stable between Census 2010 (7.1% and 5.9%) and the 2019 ACS 5-Year
Estimates (7.2% and 5.8%). Broward County’s ethnic and racial diversity continues to increase
between Census 2010 and Census 2020 with the Hispanic population increasing from 25.1% to
31.3%, the Non-Hispanic Black increasing from 25.7% to 26.6%, all Non-Hispanic Other race
population increased from 3.9% to 5.1%, and all non-Hispanic people of Multiple races increased
1.7% to 3.8%. Meanwhile, during the same timeframe between 2010 and 2020, the percentage
of the Non-Hispanic White population decreased from 43.5% to 33.1%.
Median age in Broward has increased from 39.7 in 2010 to 40.4 in 2019. This is in part because
the population 65 years and over has increased by 25.9%, 249,424 people to 314,061.
Another special population within Broward County is the Homeless population. The Homeless
population (sheltered and unsheltered) in Broward County consists of about 2,561 people
according to the Broward County 2021 Point-In-Time (PIT) Homeless Count. This number
represents a 33% decrease of Homeless people in Broward County from 2011. The survey that
was conducted occurred during a challenging economy and pandemic, and thus it is possible that
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this number does not accurately reflect the actual number of Homeless people within Broward
County.
A third special population is Broward’s prison population. This population can be looked at two
ways. The number of individuals whose county of commitment is Broward County is 6,536 per
the Florida Department of Corrections 2018 Comprehensive Correctional Master Plan. The
number of individuals incarcerated within Broward County is an average of 3,574 (October 2021)
in County Facilities and 114 in the Florida Department of Corrections facility (Census 2020).
The largest unique population to Broward County is the seasonal population. According to 2019
ACS 5-Year Estimates over 200,000 people take residence in Broward County seasonal units.
Due to continued urbanization Broward County has minimal farmland remaining. As such,
Broward County’s farm worker population is not significant enough to officially include in the
demographic profile.
The median household income in Broward County in 2019 was $59,547, 7% greater than the
median household income for Florida. In 2019, 44,163 (6.4%) households in Broward County
reported income of less than $10,000. 13.1% of all people are currently living below the poverty
level in Broward County. Poorer households are least likely to be able to withstand a major
disaster since they have limited resources to invest in mitigation measures and insurance.
As of 2020, Broward County had 860,329 total housing units, of which 756,657 were reported as
occupied and 103,672 as vacant. In 2019, owner-occupied units (428,682) represent 62.1% of
housing units, while rentals (261,368) represent 37.9% of housing units.
As the result of an elevation study conducted in the year 2000, there has been a significant
reduction in the mandatory hurricane evacuation zones in Broward County. For a Category 1 & 2
hurricane, all areas east of the Intracoastal Waterway must be evacuated. For a Category 3 or
higher storm, all areas east of Federal Highway (U.S. 1) must be evacuated. In addition, all mobile
homes in Broward County must be evacuated for any level of hurricane regardless as to where
they are in the County. The following table gives the pertinent data for the mandatory evacuation
areas from the 2020 Census:
Table 2.1: Mandatory Evacuation Areas
Hurricane Evacuation
Zone
Resident
Population
Percentage of
Total
Population
Total
Housing
Units
Percentage of
Total Housing
Units
Categories 1 and 2 (Zone A) 51,447 2.65% 56,306 6.54%
Categories 3, 4 and 5 (Zone B) 107,048 5.51% 69,620 8.09%
Categories 1 – 5 (Zones A and B) 158,495 8.15% 125,926 14.64%
Source: 2020 Census
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Map 2.1: Broward County Hurricane Evacuation Zones
Source: Broward County GIS
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In 2000, because of the reduction of the mandatory hurricane evacuation zones, there had been
a reduction of nearly 112,800 in the resident population that has to be evacuated for a Category
5 storm from around 261,600 based on evacuation zones prior to the year 2000 to around 148,800
for the evacuation zones established immediately following the 2000 Light Detection and Ranging
(LiDAR) elevation study. There are currently 146,787 in the evacuation zones.
Senior citizens (retirees) make up a significant portion of those living in hurricane evacuation
zones. The 2019 ACS 5-Year Estimates shows that some 44,838 residents living in hurricane
evacuation zones were age 65 and older, or 31.4% of all persons living in evacuation zones.
County-wide, some 16.3% of the population was over 65 according 2019 ACS 5-Year
Estimates. In the Category 1 and 2 evacuation zones, the areas that are most likely to be
evacuated, the population age 65 and over accounts for 45.5% of population in the area. In
Categories 3, 4, the population age 65 and over accounts for 25.1% of population in the area.
According to the 2019 ACS 5-Year Estimates, there were 24,166 mobile homes in Broward
County. This is a continuing reduction from the 2000 Census when mobile homes totaled 26,834.
The number of mobile homes should continue to decline as there are virtually no new mobile
home parks being established and several existing parks are being redeveloped for other uses
including either permanent resident units or some other use.
Broward County has a diverse population with residents migrating here from all over the globe.
Associated with this diversity is a multiplicity of languages. According to 2019 ACS 5-Year
Estimates, 58.7% of Broward’s population speaks only English and approximately 748,671
residents speak a language other than English. An estimated 265,498 of the residents that speak
a language other than English, do not speak English very well. Most of the residents that speak
a language other than English are Spanish speakers (483,401). Approximately, 211,255 people
speak other Indo-European languages and 30,585 people speak Asian and Pacific Islander
languages. The ability to effectively communicate to residents is obviously a key element of
successful emergency management, thus it is important to be aware of the languages spoken
within Broward County to best tailor hazard mitigation planning in an understandable manner.
Tables 2.2 and 2.3 are the latest demographic figures for Broward County and its municipalities
from the 2000 Census, 2010 Census, 2020 Census, and the 2019 ACS 5-Year Estimates. The
largest change was in Parkland with a population growth of 44.69%. This was due to the great
amount of construction activity of new housing in the past decade.
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Table 2.2: Current Municipal Populations and Percent Changes: 2000, 2010, 2020
Jurisdiction
Population
Census
2000
Population
Census
2010
Population
Census
2020
Percent
Change
2000 - 2010
Percent Change
2010 -2020
Coconut Creek 43,566 52,909 57,833 21.45% 9.31%
Cooper City 27,939 28,548 34,401 2.18% 20.50%
Coral Springs 117,549 121,096 134,394 3.02% 10.98%
Dania Beach 20,061 29,639 31,723 47.74% 7.03%
Davie 75,720 91,992 105,691 21.49% 14.89%
Deerfield Beach 64,583 75,018 86,859 16.16% 15.78%
Fort Lauderdale 152,397 165,521 182,760 8.61% 10.41%
Hallandale Beach 34,282 37,113 41,217 8.26% 11.06%
Hillsboro Beach 2,163 1,875 1,987 -13.31% 5.97%
Hollywood 139,357 140,768 153,067 1.01% 8.74%
Lauderdale by the Sea 5,582 6,056 6,198 8.49% 2.34%
Lauderdale Lakes 31,705 32,593 35,954 2.80% 10.31%
Lauderhill 57,585 66,887 74,482 16.15% 11.35%
Lazy Lake 38 24 33 -36.84% 37.50%
Lighthouse Point 10,767 10,344 10,486 -3.93% 1.37%
Margate 53,909 52,284 58,712 -3.01% 12.29%
Miramar 72,739 122,041 134,721 67.78% 10.39%
North Lauderdale 32,264 41,023 44,794 27.15% 9.19%
Oakland Park 30,966 41,363 44,229 33.58% 6.93%
Parkland 13,835 23,962 34,670 73.20% 44.69%
Pembroke Park 6,299 6,102 6,260 -3.13% 2.59%
Pembroke Pines 137,427 154,750 171,178 12.61% 10.62%
Plantation 82,934 84,955 91,750 2.44% 8.00%
Pompano Beach 78,191 99,845 112,046 27.69% 12.22%
Sea Ranch Lakes 734 670 540 -8.72% -19.40%
Southwest Ranches not available* 7,345 7,607 3.57%
Sunrise 85,779 84,438 97,335 -1.56% 15.27%
Tamarac 55,588 60,427 71,897 8.71% 18.98%
Broward Municipal Services
District 129,437 17,357 16,888 -86.59% -2.70%
West Park not available* 14,156 15,130 6.88%
Weston 49,286 65,333 68,107 32.56% 4.25%
Wilton Manors 12,697 11,632 11,426 -8.39% -1.77%
TOTAL 1,625,379 1,748,066 1,944,375 9.25% 11.23%
Source: 2000, 2010, and 2020 Census
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Table 2.3: Other Key Demographic Data per Municipality
Jurisdiction
Percent of
Total
Population
(2020)
Land Area
(sq. miles)
Households
2020
Median
Age 2019
Median
Household
Income 2019
Coconut Creek 2.97% 11.8 24,262 40.2 $ 62,973.00
Cooper City 1.77% 8.4 11,410 39.8 $ 106,795.00
Coral Springs 6.91% 23.9 45,892 37.4 $ 77,360.00
Dania Beach 1.63% 8.3 13,422 40.1 $ 47,135.00
Davie 5.44% 35.6 39,025 36.8 $ 71,780.00
Deerfield Beach 4.47% 16.2 37,858 42.9 $ 48,124.00
Fort Lauderdale 9.40% 36.3 84,409 42.1 $ 59,450.00
Hallandale Beach 2.12% 4.4 19,512 44.8 $ 39,184.00
Hillsboro Beach 0.10% 0.5 1,169 66.6 $ 73,558.00
Hollywood 7.87% 29.3 61,941 41.6 $ 54,251.00
Lauderdale by the Sea 0.32% 0.9 3,626 63.6 $ 72,537.00
Lauderdale Lakes 1.85% 3.7 12,910 37.6 $ 35,532.00
Lauderhill 3.83% 8.6 27,117 35.7 $ 41,723.00
Lazy Lake 0.00% 0 14 44.5 $ 250,000.00 +
Lighthouse Point 0.54% 2.4 5,048 52.9 $ 81,445.00
Margate 3.02% 9 23,163 46.4 $ 45,594.00
Miramar 6.93% 31.2 42,272 37 $ 70,669.00
North Lauderdale 2.30% 4.7 14,306 33.6 $ 43,759.00
Oakland Park 2.27% 8.2 19,091 41 $ 51,377.00
Parkland 1.78% 14.4 10,848 41.1 $ 154,844.00
Pembroke Park 0.32% 1.7 2,467 32.4 $ 38,119.00
Pembroke Pines 8.80% 34.8 63,080 40.9 $ 68,745.00
Plantation 4.72% 21.8 36,653 40.2 $ 74,903.00
Pompano Beach 5.76% 24.6 47,751 42.8 $ 49,518.00
Sea Ranch Lakes 0.03% 0.2 192 51.3 $ 206,667.00
Southwest Ranches 0.39% 13 2,364 46.7 $ 124,591.00
Sunrise 5.01% 18.1 37,348 39.5 $ 54,744.00
Tamarac 3.70% 12 31,461 47.1 $ 48,930.00
Broward Municipal Services District* 0.87% 808.1 5,353 35.1 $ 46,321.00
West Park 0.78% 2.2 4,613 34.7 $ 46,765.00
Weston 3.50% 26.1 21,845 40.4 $ 107,908.00
Wilton Manors 0.59% 2 6,235 52.8 $ 70,465.00
Source: 2020 Census and 2019 American Community Survey 5-Year Estimates
Note: * Land area for BMSD includes Water Conservation, County Regional Facilities, Tribal Land, and unincorporated residential
areas.
Economy
According to Census 2020, Broward County is in the 8th largest Metropolitan Statistical Area (the
Miami-Ft. Lauderdale-Pompano Beach MSA) in the country. Broward County is a Service and
Retail-driven economy. A Service and Retail economy is concentrated in the industry sectors of
the financial services, hospitality, retail, health, human services, information technology,
and education. According to the Bureau of Economic Analysis in 2020 these industries
represented 52% of the gross domestic product of Broward County. There is no surprise that
population growth brings along employment growth. While the population grew by 11.23% from
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2010 to 2020, Broward’s labor force for this same period had an average labor force of 991,079.
The labor force continues to grow with the current a current labor force of 1,062,260 in October
2021. The average unemployment rate between 2010 to 2020 was 6.4%. The unemployment rate
for 2018 was 3.4% (35,454); 2019 was 3.2% (33,239); and for 2020 was at 8.9% (90,289).
According to the U.S. Department of Labor, the unemployment rate for 2021 has trended
favorably with an unemployment rate of 4.2% (44,786) in October 2021. In comparison, the rate
was 9.8% in October 2010.
According to the U.S. Bureau of Economic Analysis (BEA), Broward had a per capita personal
income (PCPI) of $55,908 in 2020. This PCPI ranked 12th in the state and was 100.4 percent of
the state PCPI, $55,675, and 105.9% of the national PCPI, $48,112. The 2020 PCPI reflected an
increase of 5.8% from 2019. The 2019-2020 state change was 5.0% and the national change was
6.9%. In 2010, the PCPI of Broward was $41,156 and ranked 10th in the state. The 2010-2020
annual growth rate of PCPI was 3.1%. The annual growth rate for the state was 3.7% and for the
nation was 1.0%.
In 2020, Broward had a personal income of $109,473,926. This personal income ranked 3rd in
the state and accounted for 9.0% of the state total. In 2010, the personal income of Broward was
$72,139,286 and ranked 3rd in the state.
As mentioned above, Broward’s economy is dominated by service and retail industries. According
to the Quarterly Census of Employment and Wages in 2020, the service and retail industries make
up 51.2% of all employment in Broward County. The industries with the largest increases in
employment between 2010 and 2020 in Broward County were Management of Companies and
Enterprises (56.4%), Construction (53.6%), and Transportation and Warehousing (44.9%). The
top 5 employment sectors during 2020 in Broward County are currently Health Care and Social
Assistance (14.1%), Retail Trade (13.2%), Administrative and Waste Services (9.1%),
Accommodation and Food Services (9.0%), and Professional and Technical Services (7.0%).
Between 2010 and 2020 Broward County saw an increase of 89,564 jobs. Broward’s increase of
jobs during this time ranked 5th amongst all counties. The top 3 sectors that saw the largest
increase from 2010 to 2020 were Health Care and Social Assistance (16,891), Construction
(16,830), and Administrative and Waste Services (16,111). The increase in these 3 sectors
represent 55.6% of all jobs created in Broward County between 2010 and 2020.
The economy of 2020 was a period where there have been more employment reductions. All
sectors in Broward County saw reductions between 2019 and 2020. The largest percentage
change was in Arts, Entertainment, and Recreation (-22.2%) and Accommodation and Food
Services (-21.6%). Broward County’s economy remains a Service and Retail dominated
economy. In 2021 currently, most of all sectors saw a positive change in employment. During this
period, the industries with the largest positive change were the same Arts, Entertainment, and
Recreation (11.1%) and Accommodation and Food Services (10.8%). This change is also
reflected in the unemployment rate which averaged at 8.9% in 2020 and has reduced to an
average year to date unemployment rate of 5.1% in 2021.
Currently, the estimated market value of all property in Broward County (according to the Broward
County Property Appraiser) is $309.8 billion.
The following tables provide a breakdown of key economic areas by municipality. In most
municipalities, the labor force size, median household income, and household expenditures have
increased.
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Table 2.4: Key Economic Factors by Community
Jurisdiction
2021
Total
Establish-
ments*
2021 Total
Employees*
Labor
Force
Growth
Rate
(2011-
2019)
2019
Unemployment
Rate**
2019
Median
Household
income**
2019
Labor
Force
Size**
2021 Average
Household
Expenditures*
Coconut Creek 2,060 22,209 32,609 2.0% 4.8% $62,973.00 $70,956.74
Cooper City 1,371 8,929 19,067 1.9% 3.2% $106,795.00 $110,701.51
Coral Springs 6,700 51,286 72,979 0.6% 6.7% $77,360.00 $89,798.80
Dania Beach 2,666 25,603 16,677 0.2% 7.6% $47,135.00 $61,166.03
Davie 6,649 49,763 58,672 1.7% 4.3% $71,780.00 $86,868.69
Deerfield Beach 5,625 56,385 42,307 0.6% 7.1% $48,124.00 $57,727.18
Fort Lauderdale 20,452 190,822 98,499 0.8% 7.0% $59,450.00 $88,621.89
Hallandale Beach 2,989 18,111 20,678 1.5% 7.3% $39,184.00 $54,166.67
Hillsboro Beach 71 396 585 0.5% 4.8% $73,558.00 $109,174.86
Hollywood 10,603 84,628 82,933 0.8% 6.5% $54,251.00 $68,054.41
Lauderdale by the Sea 499 2,522 2,943 -0.1% 1.4% $72,537.00 $106,452.77
Lauderdale Lakes 1,167 8,309 17,649 -0.3% 9.7% $35,532.00 $41,489.43
Lauderhill 2,454 15,453 35,585 0.1% 8.1% $41,723.00 $48,148.07
Lazy Lake
- - 25 13.5% 0.0%
$250,000.00+
$77,042.91
Lighthouse Point 673 3,949 5,808 0.7% 3.1% $81,445.00 $120,381.63
Margate 2,600 20,790 31,962 0.9% 5.4% $45,594.00 $57,350.91
Miramar 4,353 35,642 77,284 1.9% 5.0% $70,669.00 $79,457.19
North Lauderdale 1,002 7,201 25,140 1.3% 8.1% $43,759.00 $51,592.20
Oakland Park 4,244 25,707 26,796 0.3% 7.6% $51,377.00 $61,664.25
Parkland 730 4,224 14,250 2.4% 3.6% $154,844.00 $167,174.98
Pembroke Park 726 5,539 3,195 1.9% 5.3% $38,119.00 $37,079.58
Pembroke Pines 7,153 53,932 89,496 1.1% 5.4% $68,745.00 $79,093.87
Plantation 5,686 52,688 51,910 0.7% 4.3% $74,903.00 $85,426.65
Pompano Beach 9,591 74,129 54,467 1.0% 7.7% $49,518.00 $63,589.35
Sea Ranch Lakes 86 404 232 -2.7% 1.3% $206,667.00 $128,838.05
Southwest Ranches 361 2,411 4,484 1.2% 5.7% $124,591.00 $128,643.04
Sunrise 5,621 48,374 50,118 0.5% 5.8% $54,744.00 $65,178.23
Tamarac 2,517 19,810 34,182 1.0% 4.9% $48,930.00 $56,771.80
Broward Municipal Services District 482 3,506 8,455 1.9% 9.7% $46,321.17 $51,505.41
West Park 660 3,051 7,846 0.8% 6.6% $46,765.00 $53,406.14
Weston 3,355 22,911 34,111 0.6% 4.5% $107,908.00 $120,938.98
Wilton Manors 1,089 6,405 7,559 0.0% 4.4% $70,465.00 $87,433.45
TOTAL 114,235 925,089 1,028,503 1.0% 6.1% $70,186.00 $80,184.24
Source: * 2021 Esri Demographics and **2019 American Community Survey 5-Year Estimates
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Chapter 3: Planning Process
Historical Review
After Hurricane Andrew in 1992, Broward County first applied for Hazard Mitigation Grant
Program (HMGP) projects through FEMA. At that time, there was not a countywide hazard
mitigation plan in existence for Broward County. In the mid- 1990’s as part of trying to implement
the 404 (mitigation)/406 Public Assistance programs and the HMGP program for Hurricane
Andrew, Broward County recognized a void and began the process to formulate the County’s first
hazard mitigation plan. The Plan has seen many updates and versions since to address current
hazard mitigation practices and planning. Over those first years, Broward became selected to be
a FEMA Project Impact community as well as the Institute for Business and Home Safety
Showcase mitigation community to highlight best practices for mitigation and be a catalyst for
others. Broward County’s Hazard Mitigation Plan was created in October 1997 incorporating
those mitigation incubators. Broward’s Hazard Mitigation Plan was first developed prior to the
State’s Local Mitigation Strategy guidelines/crosswalk and the Disaster Mitigation Act 2000. Initial
membership in the first workgroup known as the Mitigation Task Force included county agencies,
a coastal community representative, a non-coastal community representative, nonprofit groups,
and the private sector.
The next version of the hazard mitigation plan turned into Broward County’s Local Mitigation
Strategy to capture updates needed since the enactment of DMA 2000 with FEMA review
stipulations and State review with guidelines /crosswalk. The Mitigation Task Force was expanded
in March 2005 to include 31 municipalities, additional county agencies, and private and nonprofit
groups to reach a total membership of 49 members. Monthly meetings were typically held.
Broward County’s Enhanced Local Mitigation Strategy has evolved during each review and
update. As Broward County began the next revision for 2012 it was determined that Broward
County Local Mitigation Strategy shall be viewed as a component with Broward County’s
Comprehensive Emergency Management Plan and thus the plan review process should
complement each other. Further, the review and update should be like the planning process the
County undertakes with the County’s Comprehensive Plan and similar planning initiatives. The
Mitigation Task Force was changed to be an actual local mitigation strategy work group (LMSWG)
with Broward County government as the lead and membership representing stakeholders and
partners with roles as part of the internal review structure and not part of separately reporting
through boards. There is now better alignment with the established Broward County governmental
planning practices and then ultimately meeting the needs of the criteria as identified though the
Florida Division of Emergency Management (FDEM) and FEMA. Timelines have been modified
to address moving from a three-year review to a five-year review unless an event warrants further
updates off cycle. In the 2017 update of the Local Mitigation Strategy, it was modified to reflect
an “Enhanced” Local Mitigation Strategy plan (ELMS) and certain components were updated as
part of a Pre-Disaster Mitigation grant. The ELMS 2022 version today still has those components
in place. As of September 2022, there are 112 members representing a cross-body of partners
participating in the Local Mitigation Strategy Work Group for Broward County.
Planning Process
The Broward County Enhanced Local Mitigation Strategy plan development is coordinated
through the Local Mitigation Strategy Executive and Planning subcommittees who participate in
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the Local Mitigation Strategy meetings and review drafts of the plan at key stages. These
subcommittees are comprised of Broward County department staff, staff from municipalities, and
other constituent organizations. As with any LMSWG meeting, the public is always welcome to
attend, and all meeting are advertised in compliance with the Florida Sunshine law.
The planning process for this updated version of the Enhanced Local Mitigation Strategy was
significantly challenged due to timing issues associated with the Pandemic. Almost two- and one-
half years of time that was pre-scheduled for the revision during this review cycle, was with
Broward County being under a Local State of Emergency (from March 10, 2020, until May 10,
2022) for Covid and with many of the key staff and agencies providing vital support for COVID
response operations. During the COVID pandemic, there were no in-person LMSWG quarterly
meetings held. Thus, up until the second half of 2022, the LMSWG quarterly meetings were
conducted virtually. Beginning with the second quarterly meeting that was conducted on June 22,
2022, the meetings for the rest of the year were conducted in a “hybrid” format with both in-person
and virtual attendees participating.
This 2022 ELMS update was developed utilizing the following resources and information:
• Broward Emergency Management Division Comprehensive Emergency Management
Plan (CEMP)
• Broward Emergency Management Division Recovery Plan
• Federal Emergency Management Agency (FEMA) National Risk Index
• FEMA National Flood Hazard Layer
• FEMA Repetitive Loss and Severe Repetitive Loss Properties Report for Broward
County, 2022
• FEMA Hazard Mitigation Assistance Unified Guidance
• US Census Bureau
• National Oceanic and Atmospheric Administration (NOAA) National Hurricane Center
• NOAA National Climatic Center Storm Event Database
• NOAA Storm Prediction Center, 2022
• NOAA National Centers for Environmental Information
• NOAA Slosh Model
• Broward County Property Appraiser 2022 Tax Roll Data
• Broward County Population Forecasting Model
• Broward County GIS
• Broward County HAZUS-MH
• Broward County Resilient Environment Department
• Killer Heat in the United States: Climate Choices and the Future of Dangerously Hot Days,
Union of Concerned Scientists (2019), and the Southeast Florida Regional Compact
(2022)
• PRISM Climate Group, Oregon State University
• Earthstar Geographics
• Earth Economics (2020) Urban Heat Island Analysis of Broward County
• Köppen Climate Classification
• US Geological Survey (USGS) Earth Explorer: Landsat Analysis Ready Data (ARD)
Surface Temperature
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• Fort Lauderdale Daily Climatological Records
• Centers for Disease Control and Prevention
• Florida Department of Health
• Southern Wildfire Risk Assessment
• US Environmental Protection Agency (EPA) Toxic Release Inventory Basic Data Files,
2022
General Body
The general body of the Local Mitigation Strategy Work Group (LMSWG) is composed of
representatives from all 31 municipalities, the Seminole Tribe of Florida, essential governmental
and non-governmental stakeholders, Hospitals, School Board of Broward County, Universities,
Housing Authorities, and other public and interested parties who provide information on existing
and/or potential projects that mitigate the effects of hazards within Broward County.
Pertinent county agencies have been identified and are actively engaged in the whole life cycle
of the planning process to achieve a united effort for Broward County government. The County
and supporting agencies have the primary mission to keep mitigation initiatives moving forward
through the planning processes and supporting other public and private sector partners that have
interests and/or membership on the Broward County LMS Working Group. Members of the
Working Group shall review the strategy and assist in the identification of potential mitigation
projects as assigned. All LMS Working Group meetings are open to the public and are advertised
in accordance with Florida Sunshine laws. Public participation is encouraged in the planning
process and any comments shall be taken into consideration. In the future, a new, dedicated
interactive mitigation website may be developed and utilized in the planning process.
The LMSWG general body membership meets quarterly, and members are required to participate
in at least 2 meetings per year. The general body plays an integral role identifying existing and
potential mitigation activities and actions that will make Broward County more resilient to natural
and human caused disasters. In the 2021-2022 LMS meetings, the general body was presented
with the various components of the ELMS, as well as hearing guest speakers on mitigation in
disaster recovery, FEMA, and the Florida Division of Emergency Management mitigation grant
programs.
Committees
Committees from the Local Mitigation Strategy Work group have been established to assist in the
planning process. These committees have assigned roles and responsibilities to ensure plan
maintenance is achieved through monitoring, evaluation, implementation, and revision.
Executive Committee
The Executive Committee was formed in 2009 and has continued to serve in this same capacity
today. The Executive Committee acts as the leading overall governing body of the Local Mitigation
Strategy Work Group. Its responsibilities are as follows:
• Support plan development, monitoring, evaluation, implementation, and revision
• Attend all scheduled meetings.
• Approve overall LMS Goals and Objectives
• Provide subject matter expertise.
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• Assist in evaluating and prioritizing mitigation actions.
Planning Subcommittee
The Planning Subcommittee was originally formed in March 1998 to serve as the working group
for the Broward County Mitigation Task Force. The Planning subcommittee as it stands today is
part of Broward County’s Local Mitigation Strategy Workgroup and is charged with the review and
revisions to Local Mitigation Strategy. The Planning group shall be chaired by a member of the
Resilience Environment Dept. to ensure county wide planning and reliance initiatives are
incorporated and addressed throughout the County’s Local Mitigation Strategy and in other
County plans and programs.
The Planning Committee remains responsible for research and on-going development for the
Local Mitigation Strategy, evaluation and enhancement procedures, a conflict resolution
mechanism, planning analysis, and mitigation initiative identification and prioritization procedures.
Although Planning subcommittee overall membership can fluctuate over time at a minimum
Broward County Emergency Management staff and Resilience Dept. agency staff shall be part of
the subcommittee to facilitate and formulate the plan components moving forward to achieve a
viable plan for Broward County government and its partners. As of September 2022, the Planning
Subcommittee includes members representing the Broward Emergency Management Division,
the Broward County Resilience Environment Dept. agencies, the City of Fort Lauderdale, the City
of Pembroke Pines, the City of Miramar, the Broward Housing Council, and the City of Pembroke
Park.
Education & Outreach Subcommittee
The original Education and Outreach Subcommittee (formerly Education and Training Committee)
was created in March 1998 to address mitigation education and training issues for the Mitigation
Task Force and has morphed over time to address current community needs as a subcommittee
for Local Mitigation Strategy Workgroup.
A mission was developed by the Committee to promote mitigation education and outreach to
strengthen Broward County’s readiness for disasters and its capacity to minimize disaster-
induced loss of life and property. Public education and awareness activities include articles, radio
spots, flyers, fairs, conferences, workshops, and notices of public meetings to solicit public
involvement. The primary goal of the subcommittee is to promote an awareness and
understanding of disaster mitigation theory and practice, particularly of structural retrofitting and
to advocate preparedness, through education, outreach and training. Objectives determined to
meet this goal included:
• To identify which segments of the community are most at risk and therefore, most in need
of education and outreach about disaster mitigation.
• To develop strategies for teaching the community about disaster mitigation in a timely and
effective manner
• To coordinate with existing entities teaching about disaster preparedness and to
encourage the dissemination of correct and up to date information about mitigation and
preparedness.
• To serve as a clearinghouse for the delivery of disaster mitigation information
The original Education and Training Committee’s goals and objectives were provided to the
Planning committee for incorporation into the overall local mitigation goals and objectives. The
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renamed Education and Outreach Committee now meets as needed to address the tasks
associated with accomplishing the objectives.
Accomplishments beyond the development of goals and objectives include identification of
potential mitigation projects and the creation of a mitigation speaker’s bureau. Available Mitigation
training includes existing courses offered by FEMA and the Florida Division of Emergency
Management. Local requests for outreach and training courses are being processed on a case-
by-case basis through the EOC training and outreach section staff. The Local Mitigation Strategy
Coordinator routinely distributes related training notices as received from federal, state, regional
agencies, and professional associations to the entire LMSWG membership so they can further
promote within their entities and to the public as needed.
The LMS Coordinator, in coordination with the Subcommittee, works with the Office of Public
Communications year-round to disseminate hazard mitigation information to the public. For post-
disaster operations, Emergency Support Function (ESF) #14 Public Information will continue to
assume this role with the EOC Mitigation Unit.
As of September 2022, the Education and Outreach Subcommittee includes representatives from
Broward County Emergency Management, the Broward Sheriff’s Office, the City of Lauderhill,
Memorial Healthcare System, the City of Southwest Ranches, the American Red Cross Broward
Chapter, Florida International University, the Florida Division of Emergency Management, the
Broward County Office of Public Communications, the City of Lauderdale Lakes, and the Food
for The Poor nonprofit.
Private Sector Subcommittee
The Private Sector Committee was created to strengthen the ties between the public and private
sector as it relates to mitigation activities and business continuity of operations and recovery. The
Committee is a valuable resource of information to the business community. In turn, the input
from the private sector is utilized in the planning process for enhancement in the ELMS Plan.
Members of the committee include Broward County Office of Economic and Small Business
Development, the Broward Alliance (600 major corporations, 17 chambers of commerce, and 31
municipalities), and Broward County Emergency Management Division.
The ESF#18 - Business and Industry, for the County’s Comprehensive Emergency Management
Plan, was developed to address business and tourism needs during an emergency activation and
recovery and will interface with ESF 14 – Public Information and the EOC Mitigation Unit if the
EOC is activated for any business-related mitigation matters.
As of September 2022, the Private Sector Subcommittee includes representatives from Broward
County Emergency Management, the City of Miramar, the City of Pompano Beach, the City of
Coral Springs, Tidal Basin Consultants, and the Broward County Office of Economic and Small
Business Development.
CRS Subcommittee
The CRS (Community Rating System) Subcommittee is a resource to the County for exploring
ways to expand the CRS programs for all jurisdictions. The subcommittee also interacts with
other important county flood mitigation groups including the Broward Surface Water Coordinating
Council comprised of the SFWMD (South Florida Water Management District) and the various
local drainage districts. All of Broward County’s CRS communities have membership access and
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participate in this committee throughout the year. As of September 2022, the CRS Subcommittee
included some main representatives from Broward County Emergency Management, the City of
Fort Lauderdale, the City of Hollywood, the City of Hallandale Beach, and the Broward County
Resilient Environment Department.
Resilience Subcommittee
The Resilience Subcommittee was created in 2019 to support the ongoing emphasis of
addressing resiliency throughout programs areas at the various levels of government and with
partners. The Resiliency subcommittee shall be chaired by the Chief Resiliency Officer, Deputy
Chief Resiliency Officer, or their designee. Membership includes Broward County agency
members such as Emergency Management, and Natural Resources. Representatives from the
Resilience subcommittee are also part of Broward County Government Operations Climate
Change workgroup, led by the Resilience Environment Dept. This allows synergy and opportunity
for Broward County governmental divisions/departments to assist in implementing various
elements of the Climate Change Action Plan along with mitigation activities with the Local
Mitigation Strategy. The City of Fort Lauderdale, City of Pompano Beach, City of Hollywood, City
of Hallandale Beach, City of Plantation, and Town of Pembroke Park are some of the participating
municipal partners.
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Plan Maintenance
This section describes the process that will ensure the Plan remains an effective and relevant
document over time. It establishes the method and schedule for monitoring, evaluating, and
updating the Local Mitigation Strategy during a 5-year plan update cycle. This section includes
discussion of some of the ways there is continual integration with other community planning
processes and input into county financial investment decisions while recognizing the on-going
importance of obtaining state and federal grants to assist with financing mitigation actions. In
addition, the section describes how the public will continue to be involved in the mitigation
planning process.
For this 2022 update, the Plan was not revised due to a change in priorities within jurisdictions.
While the revisions reflect updates in such areas as the identification of Significant Hazards,
demographics, etc., the priorities among all jurisdictions remain unchanged.
Method and Schedule for Monitoring, Evaluation, & Revision
The Local Mitigation Strategy Working Group has identified procedures for the periodic review of
the local mitigation strategy. This process provides a coordinated approach for municipal, county
regional, and state review at the various level of government. The LMS Working Group, which
includes municipal, county, and other organizational representatives meets quarterly unless
otherwise noted to discuss mitigation strategies and projects.
Plan Maintenance Method and Approach
The LMS Working Group Planning Subcommittee created the plan method and maintenance
approach consistent with the process and steps presented in FEMA’s How-To-Guide: “Bringing
the Plan to Life” (FEMA 386-4). The following FEMA requirements are addressed in this section:
Requirement §201.6(c)(4)(i): [The plan maintenance process shall include a] section describing
the method and schedule of monitoring, evaluating, and updating the mitigation plan with a 5-year
cycle.
Requirement §201.6(c)(4)(ii): [The plan shall include a] process by which local governments
incorporate the requirements of the mitigation plan into other planning mechanisms such as
comprehensive or capital improvement plans, where appropriate.
Requirement §201.6(c)(4)(iii): [The plan maintenance process shall include a] discussion on
how the community will continue public participation in the plan.
Municipal
All participating municipalities shall have membership in the LMS Working Group. Each
municipality should form a municipal working group to review the local mitigation strategy and
identify potential mitigation programs/projects in their communities. Residents and adjacent or
impacted communities need to be included in the review process at the local level. This
mechanism will serve to expand and improve upon the capabilities that are described in this plan.
Since the 2017 update, all municipalities that adopted this Plan have incorporated the information
into their respective mitigation strategy planning.
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The following participating municipalities will be seeking approval of the Plan:
Coconut Creek City
Cooper City City
Coral Springs City
Dania Beach City
Davie Town
Deerfield Beach City
Fort Lauderdale City
Hallandale Beach City
Hillsboro Beach Town
Hollywood City
Lauderdale-by-the-Sea Town
Lauderdale Lakes City
Lauderhill City
Lazy Lake Village
Lighthouse Point City
Margate City
Miramar City
North Lauderdale City
Oakland Park City
Parkland City
Pembroke Park Town
Pembroke Pines City
Pompano Beach City
Plantation City
Sea Ranch Lakes Village
Southwest Ranches Town
Sunrise City
Tamarac City
West Park City
Weston City
Wilton Manors City
In addition, the following Special Districts will be seeking approval of the Plan:
Coral Springs Improvement District
South Broward Drainage District
Memorial Hospital System
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The LMS should be reviewed at the municipal level on an annual basis. An updated project list
from each municipality shall be composed and submitted to Broward County Emergency
Management Division by mid-January of each year as part of the revisions to the Local Mitigation
Strategy. Possible viable projects should be sought throughout the year and placed in the
WebEOC Mitigation project portal or removed/altered during the open enrollment cycle.
County
Components of the LMS shall be reviewed and updated annually including a revised countywide
mitigation project list and membership roster. The review, revision and evaluation will be done
through completion of the annually required Florida Administrative Code (FAC) 27P annual report
to the state and discussed at quarterly Working Group meetings. Consolidation of municipal
proposed revisions to the project list should be completed by January 15th of each year. A
WebEOC mitigation project board was created to annually track and update possible mitigation
projects by the County. An internal review shall be conducted by the Broward County Emergency
Management Division as part of the annual self-assessment process. All county/municipal
revisions shall be reviewed by staff and the LMS Working Group as needed, and the changes will
be submitted to the Emergency Management Director or designee for approval, if deemed
necessary.
All applicable components of the ELMS may be incorporated into the Broward County
Comprehensive Emergency Management Plan as part of the annual review process. The Broward
County Comprehensive Emergency Management Plan is reviewed and approved by the State
every 4 years. Any proposed revisions from the State review of the CEMP will be part of the
revisions submitted to the Board of County Commissioners. All necessary changes to Broward
County and municipal comprehensive plans should be added into the established review schedule
for the applicable elements and amendments.
Exercises shall be occurring that are based upon the hazard identification and vulnerability
assessment of Broward County’s Local Mitigation Strategy and existing roles as assigned per the
Comprehensive Emergency Management Plan and supporting SOPs. The Integrated
Preparedness Plan for Broward shall also focus on those hazards for exercises and training
opportunities to address the need and be focused on the identified hazards and risks as outlined
in the Local Mitigation Strategy. Mitigation initiatives shall be incorporated into county and state
exercises as applicable.
This mechanism will serve to expand and improve upon the capabilities that are described in this
plan.
Regional
A revised Enhanced Local Mitigation Strategy may be submitted to the South Florida Regional
Planning Council (SFRPC) for review as a member of the LMS Working Group. Copies of the
Local Mitigation Strategy may be available for adjacent counties and other applicable jurisdictions
for comments.
The LMS Working Group has identified a regional conflict resolution procedure. Any disputes
arising from the local mitigation strategy shall be mediated utilizing the South Florida Regional
Planning Council Dispute Resolution Process. The SFRPC has established a Regional Dispute
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Resolution Process (RDRP), as specified by Florida Statutes, 186.509.
*Participation in the RDRP does not waive any party’s right to judicial or administrative action, nor
does it convey or limit intervener status or standing in any judicial or administrative proceeding.
State
The revised ELMS shall be submitted to the State of Florida, Division of Emergency Management
for review and comment as required by the 5-year FEMA review cycle or as directed by the
division. This 2022 ELMS is being submitted as a full update to the State and FEMA and will be
adopted by the Broward County Board of County Commissioners and the municipalities. The next
update will be due to the State in early 2027.
Procedures have been identified to ensure that a broad group of local government
representatives, citizens, adjacent community representatives, and county liaisons participate in
the review and revision of the local mitigation strategy.
Implementation
Each municipality and Broward County is responsible for implementing mitigation actions as
prescribed in this plan. Under the direction of the LMS Executive Committee and the coordination
of the Broward County Emergency Management Division, funding will be sought from a variety of
sources to implement mitigation projects in both pre-disaster and post-disaster environments. In
addition, each municipality will be responsible for the integration of mitigation actions into the
planning processes of their respective communities and providing mitigation input into their
respective municipal capital improvement/risk management process. Broward County will act as
a catalyst and facilitator to encourage this level of mitigation integration in the municipalities.
Mitigation actions will be integrated into other planning documents of the Broward County
Emergency Management Division. Opportunities to integrate the requirements of this Plan into
other planning mechanisms shall continue to be identified through future meetings of the
Executive Committee and the 5-year review process described herein.
The Director of the Broward County Emergency Management Division or designee, acting as the
Local Mitigation Strategy Chairperson, has overall leadership and guidance for implementing the
LMS Plan. The Local Mitigation Strategy Coordinator is the key primary staff for review and
ensuring participation in the planning process as well as submitting for approval of plan updates
and changes prior to State/Federal mandated 5-year update.
Below are some of the activities that have been predefined to support implementation:
• Incorporate hazard mitigation actions into existing community planning mechanisms (e.g.,
attend comprehensive planning meetings, communicate frequently with community
planners on land use issues, on-going meetings with community planners on issues of
overlapping interest)
• Provide input and feedback into annual county budget process (e.g., capital improvement
spending) for consideration of hazard mitigation measures beyond code.
• Partner with the Risk Management Division and the County’s property and casualty insurer
to coordinate efforts to lower risk and augment mitigation measures at each facility when
opportunities present themselves (i.e., through the CIP or other spending)
• Encourage communities to find new ways to accrue CRS credit points or join CRS if not
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currently in the program.
• Coordinate with and engage the County’s Climate Change Government Operations group
on mutual interests to increase effectiveness of both groups.
• Revisit indicators of project/action effectiveness or success and monitor/evaluate
projects/actions that have been implemented.
• Collect important damage data after storm events when feasible.
• Implement the evaluation/revision schedule established to ensure plan is up to date at the
end of 5-year cycle.
• Continue refining the process for public input and community involvement during the entire
5-year cycle.
Monitoring
Periodic revisions of the LMS Plan will be monitored by the LMS Executive Committee. The LMS
Coordinator of the Broward Emergency Management Division will monitor and document hazard
events, note changes in the risk environment, capture damage and loss data, and maintain and
update hazard and vulnerability data on an ongoing basis.
The LMS Coordinator will organize, schedule, and conduct meetings of the Local Mitigation
Strategy Work Group and respective subcommittees to address issues of interest, provide LMS
members with meeting summaries and action items, and retain meeting results in LMS files. The
LMS Coordinator will monitor grant opportunities and advise LMS member organizations of
deadlines and application requirements.
The above activities outline general plan maintenance during the four years leading up to the fifth
year of the planning cycle. Beginning in July before the revision year (the 4th year of the planning
cycle), the Planning Subcommittee will lead a more intensive planning effort to update the Plan,
obtain approvals, make necessary revisions, and work with the LMS Coordinator on completing
items for the FEMA crosswalk for review and approval by the State and FEMA.
Evaluation
The LMS Plan, in parts or whole, will be evaluated annually to coincide with the Florida
Administrative Code 27 P update and after significant disasters to review the effectiveness of its
projects, programs, and policies. Areas needed for update will be noted for changes at the end of
the year. As part of the annual review process, certain chapters will be identified by the LMS Chair
and/or LMS Coordinator for review based on need. The LMS Working Group reviews the hazard
mitigation goals to ensure that they continue to comply with County and municipal goals. The
goals will also be reviewed to determine if changes are necessary.
As part of the annual evaluation, each entity shall review and revise their mitigation project lists
such as for relevancy, costs, status, etc.as part of the overall master county- wide mitigation
projects list. Projects are reviewed annually and are placed into the WebEOC mitigation project
board for the respective year.
The LMS Working Group will determine if any significant events have occurred in the County to
warrant any considerable changes in the ELMS Plan. In the event of a disaster or when deemed
necessary by its members, the LMS Working Group and its subcommittees may meet more
frequently.
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Revision and Update
5 Year Plan Review
The Planning Committee will thoroughly review and analyze each Chapter of the LMS Plan during
the 4th and 5th years of the 5 year Plan cycle to determine whether there have been any
significant changes county-wide that would necessitate revisions in the types of mitigation actions
proposed: 1) new development in identified hazard areas; 2) an increased exposure to hazards;
3) the increased or decreased capability to address hazards; 4) changes to county comprehensive
planning and capital improvement funding policies; and 5) changes to federal or state legislation
are examples of factors that may affect the necessary content of the Plan. The committee will
also assess and consider recommended changes provided by the State and FEMA in the previous
5-year plan revision cycle. Input from each Committee will also be incorporated into the Plan.
During the 5-year Plan update cycle, the following process will occur to allow sufficient time for
updating a plan of this size, for submitting for review by the State and FEMA, addressing State
and FEMA comments, and adoption by all jurisdictions:
• At 2 years prior to Plan expiration, the LMS Planning Committee will identify areas that
have been modified and need to be updated per the identified responsibilities of this group.
During this time, the Broward County LMS Coordinator while working with the Planning
Committee will review Federal, State, and local regulations and guidance to see if any
appropriate changes need to be made The LMS Coordinator is tasked with making note
of proposed changes and start the revision of the plan and update.
• At 8 months prior to Plan expiration is the desired time frame for the updated Broward
County ELMS should be submitted to the State of Florida for review. It shall be noted that
this man not always be achievable due to existing circumstances.
The plan review provides the LMS Working Group an opportunity to evaluate those actions that
have been successful and to explore the possibility of documenting potential losses avoided due
to the implementation of specific mitigation measures. The plan review also provides the
opportunity to address mitigation actions that may not have been successfully implemented. The
LMS Coordinator will be responsible for convening the Planning and Executive Committees and
conducting the 5-year review.
During the 5-year plan review process, the following questions will be considered as criteria for
assessing the effectiveness and appropriateness of the Plan:
• Do the goals address current and expected conditions?
• Has the nature or magnitude of risks changed?
• Are current human and capital resources appropriate for implementing the Plan?
• Are there additional partnering opportunities for evaluating risk and implementing
mitigation?
• Are there new opportunities to implement, fund or integrate mitigation?
• Are there implementation obstacles, such as social, technical, administrative, political,
legal, economic environmental issues, or coordination issues?
• Have the outcomes occurred as expected?
• Did the identical departments, individuals, and/or other partners participate in the plan
implementation process as volunteered or assigned?
• Are there potential mitigation actions that would require a longer time horizon to realize
(10 to 20 years out) for which it is important to start laying the groundwork?
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Upon completion of the review and update process, the LMS Coordinator will send to LMS
Chairperson and the Executive Committee to do a final review of the revised Plan as needed and
approve the Plan to be submitted to the State Hazard Mitigation Officer at FDEM for final review
and approval in coordination with FEMA.
After FEMA has approved the County Plan, the LMS Coordinator will submit it to the Board of
County Commissioners for formal adoption. Once the Plan is formally adopted by the County,
each of the 31 municipalities will follow suit.
Local Adoption
Once the LMS Plan is adopted by the County, all participating municipalities must also adopt the
plan. Copies of resolutions must be submitted to the County LMS Coordinator for filing with the
State and FEMA, to ensure eligibility of mitigation grant programs administered by FEMA.
Appendix F contains local adoptions.
Post-Disaster Review and Update
In the event of a disaster, findings from the damage assessments and damage data collection,
success story reporting will be reported to the LMS Planning Subcommittee. These findings will
in turn be reviewed and the plan will be updated to reflect lessons learned, or to address specific
issues and circumstances arising from the event, regardless of the 5-year interval. Data collection
worksheets, when collected, will be kept by the County. Any future revisions of the plan will be
posted on the County’s website.
Recommendations to Continually Enhance the 5-Year Plan Review Process
• Invite State and FEMA mitigation counterparts to periodic meetings to keep them informed
on the County’s actions, policies, coordination efforts and successes.
• Track and share mitigation successes and challenges by utilizing the LMS meetings and
other communication mechanisms to share best practices to increase the mitigation
knowledge of municipalities and other stakeholders.
• Sharpen focus on what mitigation works well in the County (e.g., working with insurer,
applying for FEMA grants, working with Climate Change groups)
• Communicate periodically with elected officials to inform them on policy changes and/or
funding decisions that would better support mitigation.
• Continually search for better sources of risk data to assist with demonstrating cost-
effectiveness with proposed projects.
Incorporation into Existing Planning Mechanisms
As part of the planning process, the Planning Subcommittee identifies current plans, programs,
policies/ordinances, and studies/reports that will augment or help support mitigation planning
efforts. The LMS Working Group will be the mechanism for ensuring that entities integrate hazard
mitigation into its future planning activities. The subsection below entitled “Plan Integration Efforts”
describes some of the examples from the ELMS process in identifying additional opportunities to
incorporate mitigation into existing planning mechanisms.
To ensure the continued consistency, Broward County’s Enhanced Local Mitigation Strategy
(ELMS) Hazard Identification and Risk Assessment serves as the primary hazard identification
and risk assessment for Broward County. Broward County ELMS shall be utilized for a detailed
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hazard identification and risk assessment for all Broward County plans. An updated version of the
hazard identification and risk assessment will be conducted in conjunction with each review and
iteration of the County’s Enhanced Local Mitigation Strategy.
Plan Integration Efforts
A major objective of the ELMS process is to integrate mitigation into other essential community
planning processes. This strategy will allow achievement for more consistency, integration, and
more effectiveness of mitigation practices into several existing county-wide, regional, state, and
federal planning mechanisms. Below is a summary of some the integration efforts to demonstrate
where other plans and programs are consistent with the Broward County’s Local Mitigation
Strategy and developed in concert with the Local Mitigation Strategy.
Jurisdiction Plan Integration Process
The LMS Coordinator works closely with all jurisdictions in a uniform effort to include ELMS
planning strategies within local hazard mitigation planning. It is primarily accomplished via
quarterly meetings with the Local Mitigation Strategy Working Group, meetings of the LMSWG
Subcommittees, and in collaboration with the Emergency Management Division’s Municipal
Services Branch.
Broward County Comprehensive Emergency Management Plan
Broward County’s Comprehensive Emergency Management Plan (CEMP), as adopted Nov. 17,
2020, was developed on the premise to provide an “all hazards” approach to emergency
management. The Broward CEMP consists of three major components -the Basic Plan including
supporting Standard Operating Procedures and annexes: the Broward Recovery Plan and the
Broward Enhanced Local Mitigation Strategy (ELMS). The ELMS outlines the County’s mitigation
program to address a myriad of possible mitigation measures that will reduce or eliminate
exposure to hazard impacts. The ELMS provides a comprehensive and coordinated hazard
mitigation program for Broward County and its 31 municipalities aligned with Broward’s CEMP.
The Broward CEMP is consistent with the ELMS as having the same defined significant hazards
of concern. Presently, the ELMS is integrated into the Broward County Comprehensive
Emergency Management Plan (CEMP) through both plans’ review cycles. Throughout the CEMP
update process, the LMS Coordinator works closely with the Planning Section staff to ensure that
elements of the ELMS are incorporated within the sections of the CEMP that address Broward
County’s mitigation strategies and initiatives. Additionally, the LMS Coordinator will continue to
ensure that policies, programs, and mitigation actions are consistent between the ELMS and the
Broward County CEMP. Further, all jurisdictions within Broward County having CEMPs are
required to be consistent with the County CEMP. It should be noted that most municipalities have
indicated that the vulnerability assessment section of the ELMS has been incorporated into their
CEMP and is also utilized in the same manner to help develop Continuity of Operations (COOP)
Plans like the County.
The Broward CEMP sets up an incident management system based upon National Incident
Management protocols. This framework has identified roles and responsibilities for the Broward
Emergency Response Team in the Broward Emergency Operations Center (EOC) environment.
Recognizing the significance of prepositioning mitigation in the EOC response for the identification
of mitigation opportunities, there is a Mitigation Unit under the Planning Section to ensure
mitigation is part of the EOC response and short-term recovery planning. Mitigation is then further
incorporated into the long-term recovery phase as part of the Recovery Coordination Center if
activated.
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County Comprehensive Plan
Broward County’s Comprehensive Plan serves as a growth management planning document that
guides development based upon projected growth and anticipated associated impacts on the
County. The Broward NEXT 2.0 version of Broward County’s Comprehensive Plan was adopted
on March 28, 2019 (Ordinance No. 2019-11) with some elements being revised in 2020 and 2021
and amendments in 2022 as noted in support documents. Broward County’s Land Use and
comprehensive plans were updated including involvement from the 31 municipalities. The
Broward County Land Use Plan of the Broward County Comprehensive Plan addresses climate
resiliency, adaptation action areas and priority planning areas to address taking on a county-wide
approach to land use planning. This last update of Broward Next sought to comprehensively
update the County’s land use planning program to meet the challenges of future growth by setting
priorities and parameters for housing, transit, climate reliance and adaption, regional economic
development, environmental protection, and disaster preparedness through mitigation.
The Coastal Management Element of the Comprehensive Plan was amended in 2022. The
purpose of the Coastal Management Element (CME) is to plan for, and where appropriate, limit
development activities where such activities would damage or destroy coastal resources, protect
human life, and limit public expenditures in areas that are subject to destruction by natural
disaster. The Florida Administrative Code (FAC) requires the CME to address coastal
management, natural disaster, and deep-water port issues. Consistent with Florida Statutes
Section 163.3177(g)7, the purpose of the Natural Disaster Component (NDC), as part of the
Coastal Management Element (CME), is to plan to "protect human life against the effects of
natural disasters.” Natural disaster planning issues have been singled out as a separate
component to stress their importance in Broward County. The NDC Support Document provides
the data and analysis used as the basis for the goal, objectives and policies included in the NDC
and was developed to provide for initiatives to support local mitigation strategy efforts.
SE Florida Regional Climate Change Compact: Regional Climate Action Plan
The Southeast Florida Regional Climate Change Compact was created in 2010 by Broward,
Miami-Dade, Monroe, and Palm Beach counties to coordinate and collaborate on climate change
action across county lines and is a leading example of regional-scale climate action and mitigation
implementation. In 2012, the Compact codified its vision in its first Regional Climate Action Plan
(RCAP). The Southeast Florida Regional Climate Change Compact is now on the third iteration
(November 2022) of its Regional Climate Action Plan (RCAP). Developed with the guidance of
more than 150 subject matter experts, including community members and stakeholders, the
RCAP 3.0 provides updated guidance to support the implementation and acceleration of local and
regional climate action in Southeast Florida.
The RCAP outlines goals, recommendations and supporting strategies across 11 focal areas to
advance the objectives, of strengthening the adaptive capacity and climate resilience of the
region’s communities, institutions, and economy. The RCAP serves Broward, Miami-Dade,
Monroe, and Palm Beach counties, inclusive of 109 municipal governments, the Seminole Tribe
of Florida, and the Miccosukee Tribe of Indians of Florida, encompassing a total regional
population of more than 6.2 million people.
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Risk Reduction and Emergency Management is a highlighted focus area of the RCAP with the
following Goal: Prepare SE Florida for climate shocks and stressors by coordinating
interdisciplinary risk-reduction planning and with emergency management planning. There are
currently 15 recommendations under this Goal with identified strategies for implementation that
were developed to enhance regionally and then locally through Broward County’s Local Mitigation
Strategy programs and projects. The 15 recommendations are: Identify climate risks to
communities, built/physical environment and infrastructure; Integrate climate risks into hazard
mitigation and emergency planning; Advance infrastructure investments to reduce risks; Advocate
for solvency and affordability of insurance; Prioritize investments in transportation infrastructure;
Strengthen regulations to reduce risk; Promote existing risk mitigation policies and programs;
Utilize distributed renewable energy for disaster recovery; Communicate climate risks and
emergency information; Develop post-disaster redevelopment plans; Provide small business
recovery resources; Train local government staff on disaster preparedness; Engage with frontline
communities to inform planning; Identify low-income populations in “communities at risk” and
strengthen inter-and intra- governmental coordination.
There are ongoing coordination efforts throughout Broward County government to ensure
continued integration of mitigation measures as it relates to strengthen the adaptive capacity of
Broward. Broward County has a Chief Resilience Officer along with a Resilience Environment
Department to recommend, and develop programs, implement projects and policies to support
sustainability and resilience. The Broward County Government Operations Climate Change
workgroup, led by the Resilience Environment Dept. allows for the opportunity for Broward County
governmental divisions/departments to assist in implementing various elements of the Climate
Change Action Plan including the Emergency Management Division to promote countywide
measurable efforts.
State’s Resilient Florida Program
The Resilient Florida program was created in 2021 by Senate Bill 1954/House Bill 7019 to provide
a coordinated approach for Statewide Flooding and Sea Level Rise Resilience Planning with an
accompanying grant program administered by the Florida Department of Environmental
Protection to help communities prepare for the impacts of flooding and storm surge. The
legislation ensures a coordinated approach to Florida for coastal and inland resilience. The
targeted funding and new directives have enhanced efforts to protect inland riparian areas,
coastlines, shores, and coral reefs all which serve as invaluable natural defenses against sea
level rise. These initiatives have been incorporated locally into Broward County’s local mitigation
strategy and supporting projects, programs, and plans.
Broward County and local municipalities will receive a combined $92 million in grant funds in 2023
for resilient infrastructure improvement projects. The funding was made available through the
competitive grant program by the Florida Department of Environmental Protection to fund projects
to help prepare coastal and inland communities to the adverse impacts of flooding and storm
surge. Broward County received nearly $66 million to advance mitigation, infrastructure, and other
water management improvements. 16 Broward County projects have been awarded funds,
including replacement and improvement of bridges, septic to sewer conversions, wastewater
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pumps, bulkheads, and several stormwater infrastructure projects. The cities of Dania Beach and
Ft Lauderdale were also funded for critical stormwater and infrastructure upgrades in the amount
of $25 million including the neighborhoods of Progresso and Dorsey Bend.
The Florida Dept. of Environmental Protection has also funded round of planning grants to assist
in completing up to date comprehensive vulnerability assessments by 2026. Of the 122
communities awarded, Broward County and 11 Broward County cities received funding to update
and/or develop vulnerability assessments.
State’s Enhanced Hazard Mitigation Plan
The Florida Division of Emergency Management works closely with Broward County to ensure
that the State Hazard Mitigation Plan and initiatives are incorporated locally into Broward’s Local
Mitigation Strategy and vice versus on a recurring basis and not just part of the 5-year updates.
Starting in 2010, the State FDEM Mitigation Unit has invited members of the Local Mitigation
Strategy working groups to participate in mitigation planning including the quarterly Mitigate Fl
meetings. Broward County Emergency Management has been actively participating in Mitigate
FL activities over these years. The State provides a variety of forums so that there is cross-
jurisdiction interface as it relates to mitigation planning activities. The State FDEM Mitigation Unit
along with other State agencies with mitigation programs such as FL DEP are invited and are part
of programming for Broward County’s Local Mitigation Strategy Workgroup.
The Floodplain Management Program; Flood Mitigation Assistance Program; Hazard Mitigation
Grant Program, Hurricane Loss Mitigation Program; Pre-Disaster Mitigation Grant Program;
Building Resilient Infrastructure and Communities Grant Program and Watershed Planning
Initiatives are all programs that Broward takes every opportunity to partake in with the Florida
Division of Emergency Management (FDEM). FDEM acts as the coordinating agency and
provides support to Broward and its municipalities on these program areas, and all are part of the
State’s overall Mitigation Strategy. As new programs are developed and briefed through forums
such as Mitigate FL, Broward County will incorporate into local planning initiatives as applicable.
South Florida Water Management District Planning
The South Florida Water Management District is a regional governmental agency that manages
water resources in the southern half of the state covering 16 counties including Broward County
for entire area of 9 million residents. The South Florida Water Management District operates and
maintains the regional water management system known as the Central and South Florida
Project, which was authorized by Congress more than 75 years ago to protect residents and
businesses from floods and droughts. The primary system includes approximately 2,200 miles of
canals, 2,100 miles of levees/berms, 84 pump stations, and 778 water control structures. This
primary system of canals and waterways connects to community drainage districts and hundreds
of smaller neighborhood systems to effectively manage floodwaters during heavy rains. As a
result of this interconnected drainage system, flood control is a shared responsibility between the
District, Broward County and other County and city governments served by the District, local
drainage districts homeowner associations and residents.
On Sept. 8, 2022, the Governing Board for the South Florida Water Management District
approved a cost share agreement with the U.S. Army Corps of Engineers to advance a new flood
resiliency study for SE Florida Component of the Central & South Florida Project, the backbone
of the region’s flood management system. Broward County is an actively engaged participant in
the process including participating in the planning charettes in January 2023 and holding Broward
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County workshops in February 2023. The Flood Resiliency Study will address flood damage
reduction, water supply and related water resource concerns that may occur over next 50 years
through solutions that are structural, non-structural, natural and nature based.
National Flood insurance Program and Community Rating System
The National Flood Insurance Program is a federally subsidized flood damage insurance program
administered by Federal Emergency Management Agency. Residents and businesses are eligible
to purchase NFIP flood insurance policies in communities that regulate development in special
flood hazard areas. Broward County has a robust participation in the National Flood Insurance
Program with active engagement in the Community Rating System (CRS) self-voluntary incentive
program to recognize and encourage community floodplain management practices that exceed
the minimum requirements of the National Flood Insurance Program. Broward County and the
participating CRS municipal communities shall continue to participate in the Local Mitigation
Strategy process and support Community Rating System programs to minimize hazard risks and
gain flood protection benefits for their residents. The Local Mitigation Strategy CRS
Subcommittee/User Group evaluates changes to the CRS program and identifies areas where
the County, and municipalities, can get more credit points based on existing activities and
potential new ones. The CRS communities are constantly striving to reduce risk and by enacting
flood mitigation measures and are at the forefront of the Local Mitigation Strategy. Activities such
as outreach and infrastructure protection projects are emphasized The LMS supports the three
overarching goals of the CRS:
1. Reduce flood losses and damage to insurable properties.
2. Support the insurance aspects of the National Insurance Program.
3. Encourage a comprehensive approach to local flood plain management and risk
mitigation.
Out of 31 municipalities in Broward County, 23 are CRS Communities. The Broward Municipal
Services District (unincorporated areas) is also a CRS Community, bringing the total number to
24. However, the seven communities that are not CRS Communities are enrolled in the National
Flood Insurance Program.
Capital Improvement Planning: Linking LMS to County and Municipal CIPs
Broward County government and municipal partners have been actively engaging any opportunity
to further enhance mitigation into projects funded under general and enterprise revenue funding
streams through capital improvement and supplements as necessary. Some accomplishments
focusing on populations at risk since the last Local Mitigation Strategy update including funding
permanent fixed generators at schools utilized as Special Medical Needs shelters; retrofit of the
two Homeless Assistance Centers ended up funded through HMGP; redundant generators and
chillers for EOC and elevating proposed building design in new builds for example Property
Appraiser and Supervisor of Elections as Broward County is a High Velocity Hurricane Zone
(HVHZ) projects to meet “essential” and “enhanced standards’’ specs beyond the 2020 Florida
Building Code.
Since the CIPs are local project funding processes in multiple sectors of local government service,
it is both important to first determine where mitigation is occurring in current CIP projects. Second,
and more importantly, it is critical to facilitate a process to integrate the potential more fully for
mitigation in the full life cycle of the CIP selection and funding process.
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The Mitigation Assessment Team (MAT) tool process is one of the tools that can identify
opportunities for proactive mitigation measures to be identified year-round. This process is for
considering the maximum practicable hazard mitigation protection for any county investment in
retrofitting, repairing, upgrading, enhancing, or new construction for facilities or infrastructure. The
County’s insurer typically requires additional protection above and beyond code under its
authority. This additional protection usually pertains to high wind protection to a Category 3
hurricane or greater but does not necessarily pertain to all other likely hazards, namely flood,
which is the purview of the federal government.
The MAT tool process should identify additional mitigation opportunities above and beyond what
is required under code and the County’s insurer’s authority. Parameters for investment include
practical, cost-effective county investments during a construction process where a facility or
infrastructure is being modified or built. Examples include protecting a county critical facility to a
Category 5 wind speed and/or 1 foot of freeboard above the 500-year flood level. This process
will consider future risk conditions, like climate change and sea level rise impacts, and an optimal
time financially when the modification or new construction is being planned and constructed.
The MAT tool process will consider all potential funding sources but typically it is geared toward
finance through County Capital Improvement funds. Therefore, it is essential that the identification
process begin when capital improvement projects are first being considered in the CIP budgeting
process. This typically occurs ten years in advance of when they are expected to be funded. The
process will work roughly like this:
o When a new project is first considered in the CIP budget process at the Division
Level (5-8 years in advance for a general project and 2-5 years in advance for a
specific project), the MAT will review it for mitigation potential. If the team agrees
that some form of mitigation is appropriate and cost-effective, it will provide a
description of the mitigation idea with the scope of the CIP project and factor in the
mitigation cost into the overall project cost. The MAT may use a worksheet with
pre-identified actions to guide the process. The mitigation funding will likely be from
the Alternative Financing process.
o As the date of actual funding and design gets close (1 to 2 years out), the MAT will
help justify the need for the project to the County commission. The Finance team
will help organize the alternative finance application. The MAT will also help draft
the Request for Proposals (RFP) to make sure that the scope of services has a
clear description of the mitigation measure.
The MAT tool process discussed above links the LMS’s goals, principles, and strategies through
to the County Capital Improvement Plan when feasible. To provide a link between the LMS and
the local CIPs, each municipality should consider replicating this process as applicable at the
community level.
Continued Public Involvement
Broward County and the LMS Working Group are dedicated to continued public involvement in
the hazard mitigation planning and review process. Public participation has been woven into
Broward County activities throughout the year to keep all stakeholders informed of the local
mitigation strategy plan and updates, provide support and input for programs and projects with
the hazards Broward faces, the possible impacts from those hazards and ways to mitigate.
Broward County participation in National Preparedness Month, Severe Weather Awareness
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Week, Cyber Awareness Month, Eye of the Storm event, Hurricane Preparedness Open House,
Business Resiliency Summit, Water Matters Day, municipal hurricane season preparedness
briefings, awareness fairs, etc. are just a handful of preparedness and mitigation public
participation activities that the County does to heighten awareness and discuss possibilities for
mitigation and the overall mitigation strategy.
As described earlier in this chapter, significant changes or amendments to this Plan are
discussed in the public, as deemed appropriate, to participate in the planning process prior to
formal adoption procedures. Efforts to involve the public in the Plan maintenance, evaluation, and
revision process were initiated as described per the Florida Sunshine Law with all LMS meetings
being open to the public. To obtain the most recent input from the public and the LMS Working
Group, an All-Hazards Survey was launched to solicit feedback from these two audiences.
Broward’s underserved and vulnerable communities were provided the opportunity to be involved
in this initiative, as the Survey was disseminated to all population groups within the county.
The 2023 All-Hazards Survey and its description are included in Appendix M of this plan.
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Chapter 4: Risk Assessment
Introduction
This chapter of the LMS includes the assessment of hazard risks facing Broward County and its
participating municipal jurisdictions. The purpose of the risk assessment is to use best available
data and technology to identify and evaluate potential hazard risks facing Broward County, as
well as provide the factual basis for mitigation activities proposed in Broward County’s LMS that
aim to reduce those risks. The chapter has been broken down into the following key sections:
• Introduction
• Risk Assessment Methods
• Asset Inventory
• Initial Hazard Identification
• Natural Hazards
• Human Caused Hazards
• Conclusions on Hazard Risk
The risk assessment completed for Broward County provides for the identification and analysis of
known hazards that may threaten life and property across the entire planning area. It also includes
the results of a multi-jurisdictional vulnerability assessment conducted for each of Broward
County’s municipal jurisdictions 1 (shown in Maps 4.1 and 4.2) to determine where locally specific
risks vary from those facing the rest of the county. The vulnerability assessment helps to describe
each jurisdiction’s vulnerability to identified hazards in terms of the types and numbers of
buildings, infrastructure, and critical facilities located in hazard areas as well as potential loss
estimates for vulnerable structures.
The Threat Hazard Identification and Risk Assessment (THIRA), Economic Vulnerability, and
Mitigation Initiatives for Broward County have been prepared in compliance with the Federal
Emergency Management Agency’s Local Multi-Hazard Mitigation Planning Guidance, dated
March 2013.and meets the requirements of 44 CFR § 201.
1 Although this risk assessment does not officially or comprehensively analyze risks faced by the Seminole Tribe of Florida, it is of significance to note that the
Seminole Reservation Headquarters is located in Hollywood and there are 2 Seminole run Casinos located in Hollywood and Coconut Creek. The Hollywood
Reservation is a 497 acre urban reservation that is home to more than 500 Seminoles.
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Map 4.1: 2022 Broward County Base Map (Entire County)
Source: Broward County GIS 2022
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Map 4.2: 2022 Broward County Base Map (Developed Areas Only)
Source: Broward County GIS 2022
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Risk Assessment Methods
As described above, the risk assessment completed for Broward County includes two primary
studies including: (1) the hazard identification and analysis; and (2) a multi-jurisdictional
vulnerability assessment.
Data and modeling from FEMA’s National Risk Index (effective 2022) was utilized for the updates
to this section.
The hazard identification and analysis provide the following information for each hazard:
• A general background description of each potential natural, technological, and/or human
caused hazard that could impact Broward County
• The known locations and/or spatial extent of each hazard (if applicable)
• A locally specific history of past hazard occurrences based on best available data.
• A statement addressing the probability of future hazard occurrences that could affect
Broward County
All the information presented as part of the hazard identification and analysis is based on existing
local, state, and federal sources as cited throughout. Sources include historical records on hazard
events (such as the storm events database maintained by the National Climatic Data Center) as
well as input from the Broward County Mitigation Task Force and other relevant information
provided through existing local plans, studies, and reports.2
The multi-jurisdictional vulnerability assessment was conducted with two distinct methodologies:
first, utilizing Hazards United States-Multi-Hazards (Hazus-MH), FEMA’s loss estimation
software, and second, a statistical risk assessment methodology. Each approach provides
estimates for the potential impact by using a common, systematic framework for evaluation. The
results of the multi-jurisdictional vulnerability assessment are provided for each hazard
immediately following the summary of information provided through the hazard identification and
analysis, as listed above.
The Hazus-MH risk assessment methodology is parametric, in that distinct hazard and inventory
parameters (wind speed and building types) were modeled using the Hazus-MH software to
determine the impact (damages and losses) on the built environment.
The statistical risk assessment methodology was applied to analyze hazards of concern that were
outside the scope of the Hazus-MH software. The Hazus-MH driven methodology uses a
statistical approach and mathematical modeling of risk to predict a hazard’s frequency of
occurrence and estimated impacts based on recorded or historic damage information. Below is a
brief description of both approaches.
2 Other existing plans, studies and reports include the 2000 version of the Broward County Local Mitigation Strategy, the Broward County Economic &
Socioeconomic Vulnerability Study, Port Everglades Vulnerability & Economic Study, the Broward County profile from Florida Department of Community Affairs
report entitled Integrating Hazard Mitigation Planning into Comprehensive Planning, the State of Florida Hazard Mitigation Plan and the CSX Transportation
Hazardous Materials Density Study for Broward County, Florida (2006).
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Hazus-MH
Hazus-MH is FEMA’s standardized loss estimation software program built upon an integrated
geographic information system (GIS) platform (Figure 4.1) in March 2011. After the initial release
of the program, FEMA released Hazus 2.0 in May/June 2011. The main update to Hazus in the
2.0 version was to enhance the capability of integrating storm surge results into the flood module.
Subsequent versions of Hazus, including versions 3.0 (released November 2015) and 4.0 (March
2017) were released following Hazus 2.0. These updates provided optimizations to the Hazus
program.
Figure 4.1: Conceptual Model of Hazus-MH Methodology
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Statistical Risk Assessment Methodology
Risks associated with other natural and anthropogenic hazards (beyond wind and flood) were
analyzed using a statistical assessment methodology developed and used specifically for this
effort. Historical data for each hazard were used and statistical evaluations are performed using
manual calculations. The general steps used in the statistical risk assessment methodology are
summarized below:
Compile data from the following sources:
Local
National
Literature
Clean up data.
Remove duplicates.
Update losses (For inflation).
Modify losses (For population growth and distribution).
Identify patterns in:
Frequency
Intensity
Vulnerability
Loss
Statistically and probabilistically extrapolate the patterns.
Produce meaningful results.
Development of annualized loss estimates.
Figure 4.2 illustrates a conceptual model of the statistical risk assessment methodology as
applied to Broward County.
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Figure 4.2: Conceptual Model of the Statistical Risk Assessment Methodology
The economic loss results are presented here using two interrelated risk indicators:
1. The Annualized Loss (AL), which is the estimated long-term weighted average value
of losses to property in any single year in a specified geographic area (i.e., county).
2. The Annualized Loss Ratio (ALR), which expresses estimated annualized loss
normalized by property replacement value.
The estimated Annualized Loss (AL) addresses the key idea of risk: the probability of the loss
occurring in the study area (largely a function of building construction type and quality). By
annualizing estimated losses, the AL factors in historic patterns of frequent smaller events with
infrequent but larger events to provide a balanced presentation of the risk. The Annualized Loss
Ratio (ALR) represents the AL as a fraction of the replacement value of the local inventory. This
ratio is calculated using the following formula:
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ALR = Annualized Losses / Total Exposure
The annualized loss ratio gauges the relationship between average annualized loss and
replacement value. This ratio can be used as a measure of vulnerability in the areas and, since it
is normalized by replacement value, it can be directly compared across different geographic units
such as metropolitan areas or counties. Loss estimates provided herein used best available data,
and the methodologies applied resulted in an approximation of risk. These estimates should be
used to understand relative risk from hazards and potential losses. Uncertainties are inherent in
any loss estimation methodology, arising in part from incomplete scientific knowledge concerning
natural hazards and their effects on the built environment. Uncertainties also result from
approximations and simplifications that are necessary for a comprehensive analysis (e.g.,
incomplete inventories, demographics, or economic parameters).
National Climatic Data Center Storm Event Database
Much of the historical event data presented in the tables in this section were taken directly from
the National Oceanic and Atmospheric Administration’s (NOAA) National Climatic Data Center
(NCDC) database. NCDC receives storm data from the National Weather Service (NWS) which,
in turn, receives their information from a variety of sources, including, but not limited to county,
state and federal emergency management officials, local law enforcement officials, SKYWARN
spotters, NWS damage surveys, newspaper clipping services, the insurance industry, and the
public. For many hazards, NCDC data is most accurate beginning from the early to mid-1990’s
which limits its usefulness for conducting a detailed risk assessment. However, as it is the source
of the best available data that can be easily obtained (and is recommended for use by FEMA), it
has been heavily relied on to profile and analyze the hazards further discussed in this section.
Asset Inventory
A variety of data exists on buildings, infrastructure, and critical facilities for Broward County. For
purposes of the multi-jurisdictional vulnerability assessment, much of this data was based on the
inventory databases made readily available through Hazus-MH, FEMA’s loss estimation software
as described earlier in this section under “Risk Assessment Methods.” This includes the number,
type, and value of buildings located in each municipality in Broward County. Table 4.1
summarizes the total building value for each jurisdiction as extracted from the Broward County
Property Appraiser (and as utilized for estimating losses to hurricane wind, flood, and storm
surge). Table 4.2 shows the average just/market value of parcels in Broward County by their
property type.
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Table 4.1: Total Building Values for Broward County, By Type (As of September 2022)
Jurisdiction Residential Commercial Industrial Other* Total
Coconut Creek $5,308,909,990 $805,513,680 $240,721,850 $887,360,030
$7,242,505,550
Cooper City $4,591,234,610 $318,873,860 $68,517,700
$409,271,000
$4,978,626,170
Coral Springs $13,067,431,720 $1,998,948,900 $491,146,440 $1,106,486,350 $16,664,013,410
Dania Beach $2,990,734,460 $1,339,458,760 $697,771,010 $317,585,910 $5,345,550,140
Davie $11,853,653,860 $1,759,800,890 $990,297,550
$1,997,775,730
$16,601,528,030
Deerfield Beach $7,665,862,030 $1,294,968,150 $1,370,437,260 $743,783,810 $11,075,051,250
Fort Lauderdale $40,280,953,900 $10,752,834,340 $2,272,989,410 $3,627,783,620 $56,934,561,270
Hallandale Beach $5,977,437,030 $906,218,460 $139,187,800 $293,143,460 $7,315,986,750
Hillsboro Beach $1,752,642,150 $61,813,44 n/a $11,425,720 $1,764,067,870
Hollywood $18,164,519,180 $3,834,129,350 $1,186,380,450 $2,215,839,670 $2,215,839,670
Lauderdale-By-
The-Sea $3,037,585,970 $255,812,280 n/a $19,396,310 $3,312,794,560
Lauderdale Lakes $1,864,453,620 $275,274,920 $68,113,330 $249,755,110 $2,457,596,980
Lauderhill $4,201,226,650 $499,780,820 $152,189,350 $430,646,050 $5,283,842,870
Lazy Lake $11,490,720 n/a n/a $174,100 $11,664,820
Lighthouse Point $3,463,656,570 $199,891,700 n/a $34,792,700 $3,698,340,970
Margate $4,669,009,960 $671,966,370 $200,018,900 $346,971,590 $5,887,966,820
Miramar $12,938,283,030 $1,516,968,730 $983,373,570 $1,205,410,780 $16,644,036,110
North Lauderdale $2,535,258,620 $317,307,420 $75,602,810 $231,044,240 $3,159,213,090
Oakland Park $4,067,559,470 $901,865,930 $637,647,060 $313,595,980 $5,920,668,440
Parkland $7,098,143,900 $116,627,160 $3,280,100 $479,324,610 $7,697,375,770
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Jurisdiction Residential Commercial Industrial Other* Total
Pembroke Park $246,977,110 $157,079,450 $437,630,750 $68,216,460 $909,903,770
Pembroke Pines $17,822,903,010 $2,532,946,030 $413,564,750 $1,673,757,640 $22,443,171,430
Plantation $11,335,157,280 $2,258,055,930 $176,185,550 $982,216,780 $14,751,615,540
Pompano Beach $13,222,377,380 $2,093,551,700 $3,111,607,580 $1,544,596,220 $19,972,132,880
Sea Ranch Lakes $368,738,330 $18,434,880 n/a $5,970 $387,179,180
Southwest
Ranches $1,972,755,640 $51,181,950 $9,715,730 $579,093,920 $2,612,747,240
Sunrise $7,978,446,620 $2,679,191,270 $730,009,370 $1,164,328,160 $12,117,656,630
Tamarac $6,122,085,300 $673,518,680 $307,692,710 $362,381,480 $7,465,678,170
Broward Municipal
Services District $897,304,560 $103,732,400 $76,004,350 $2,814,337,220 $3,891,378,530
West Park $1,036,657,630 $95,148,410 $112,844,610 $58,338,670 $1,302,989,320
Weston $10,534,843,600 $938,458,330 $416,465,720 $754,904,360 $12,644,672,010
Wilton Manors $2,055,372,370 $239,614,090 $17,674,550 $116,382,180 $2,429,043,190
TOTAL $229,133,666,270 $39,607,154,840 $15,387,070,260 $25,040,125,83 $285,139,398,430
* “Other” building occupancy category includes agriculture, religious/nonprofit, government, and education occupancies.
Source: Broward County Property Appraiser September 2022 Tax Roll Data.
Table 4.2: Average Just Value for Broward County, By Type
Property Type Average Just/Market Value
Vacant Residential $187,198
Single Family $391,453
Townhouse $247,441
Mobile Home $88,950
Condominium $178,272
Cooperative $149,591
Multi-Family $1,126,151
Vacant Commercial $592,312
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Commercial $1,706,120
Vacant Industrial $854,391
Industrial $1,537,279
Agricultural $359,147
Institutional $2,849,088
Governmental $4,032,498
Other $65,108
Source: Broward County Property Appraiser 2019 Tax Roll Data
In addition to the data made readily available through Hazus-MH, some local inventory data has
been integrated into the multi-jurisdictional vulnerability assessment. This also includes local tax
assessor records for developed parcels in each of the municipal jurisdictions, which were utilized
to estimate potential losses due to flooding events as further described under the vulnerability
assessment section of the “Flood” hazard.
Critical Facilities
Critical Facilities are defined as those structures from which essential services and functions for
survival, continuation of public safety actions, and disaster recovery are performed or provided.
For the purposes of this document, Broward County has identified those critical facilities that have
the potential for being affected by natural and human caused disasters. The identification and
location of critical facilities throughout Broward County are shown in Map 4.3.
Population and Development Trends
According to the 2020 Census, Broward County was the second most populous county in the
State of Florida, with 1,944,375 people. At the 2010 Census conducted on April 1, 2010, the
population of Broward County stood at 1,748,066. The percentage population gain from 2010 to
2020 was 11.2% (an increase of 196,309 people). Population projections for Broward County
were established in 2009 by a Broward County Population Forecasting Model (see Figure 4.3).
Broward County is composed of 31 Municipalities as well as the Broward Municipal Services
District, also referred to as unincorporated areas. The most significant population increases
between 2000 and 2010 were seen in Parkland (73%), Miramar (68%), and Weston (33%). The
most significant percent change between 2010 and 2020 were seen in Parkland (45%), Lazy Lake
(38%), Cooper City (21%), and Tamarac (19%). In 2020, Fort Lauderdale (182,760) and
Pembroke Pines (171,178) continued as the 2 largest Municipalities in Broward County, making
up 18% of the total Broward County population (see Table 2.2).
Potential Impact to Jurisdictions
Broward County comprises 1,225 square miles. Thus, its 31 municipalities and unincorporated
areas are vulnerable in varying degrees to several hazards that are identified in this update. For
example, the County has 24 miles of coastline and 300 miles of inland waterways, making the
coastal communities more vulnerable to the effects of Coastal Erosion and Sea Level Rise than
the central and western communities. The central and western communities are potentially more
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vulnerable to Wildfire, with a continuing westward expansion of development. All Broward
communities are vulnerable to the hazards of Extreme Heat, Severe Storms, Tornados, Tropical
Cyclones, Drought, Flood, Pandemic/Infectious Disease, Mass Migration, Terrorism, Active
Shooter, HazMat Incident, and Cyber.
Figure 4.3: Population Projections for Broward County 2000-2035
0
500,000
1,000,000
1,500,000
2,000,000
2,500,000
2000 2005 2010 2015 2020 2025 2030 2035
Po
p
u
l
a
t
i
o
n
Year
Source:Broward County Population Forecasting Model, 2009
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Map 4.3: Critical Facilities
Source: Broward County GIS 2022
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Hazard Vulnerability Profile for Existing and Future Land Use
This section provides information on Broward County’s existing and future land use vulnerabilities
to three spatially defined hazards to be addressed further in this risk assessment including storm
surge from tropical cyclones, flood, and wildfire. It borrows heavily from a study performed by the
Florida Department of Community Affairs (FDCA), an agency that is now defunct. Beginning in
2004, land use tabulations in relation to known hazard areas were developed by FDCA’s Division
of Community Planning as part of an analysis entitled, Integrating Hazard Mitigation Planning into
Comprehensive Planning: Broward County Profile. The following data were used for the
tabulations: online Mapping for Emergency Management, Parallel Hazard Information System
(MEMPHIS)3, 2017 Broward County Property Appraiser / Florida Department of Revenue data,
and the current Florida Department of Environmental Protection and South Florida Water
Management District GIS databases and shapefiles.
This section will be revised for the next update to reflect the most recent changes based upon
data from the Broward County Property Appraiser.
For the purposes of this profile, the identified hazard areas include the coastal hazards zone in
relation to storm surge, hurricane vulnerability zones in relation to evacuation clearance times,
flood zones in relation to the 100-year flood, and wildfire susceptible areas. More details about
the hazard zones used for the tabulation are as follows:
• The Coastal Hazards Zone (CHZ) illustrates areas at risk to surge, which is comprised of
the category 1 storm surge zone from NOAA Sea, Lake, and Overland Surges from
Hurricanes (SLOSH) model and the category 1 evacuation zone.
• The Hurricane Vulnerability Zone (HVZ) shows hurricane risk, which includes Category 1
to 3 Hurricane Evacuation Zones.
• FEMAs designated 100-year flood zones (i.e., A, AE, V, VE, AO, 100 IC, IN, AH) are used
for flood.
• All medium-to-high risk zones from MEMPHIS for wildfire (Level 5 through Level 9).
Existing land use data was acquired from County Property Appraisers and the Florida Department
of Revenue for tabulation of the total amount of acres and percentage of land in identified hazard
areas, sorted by existing land use category for the Broward Municipal Services District areas. The
total amount of acres and percentage of land in the identified hazards areas was tabulated and
sorted by future land use category according to the local future land use map, as well as the
amount of these lands listed as vacant according to existing land use. Broward County future land
use data was acquired from Broward County and might not reflect changes per recent future land
use amendments.
3 MEMPHIS was designed to provide a variety of hazard related data in support of the Florida Local Mitigation Strategy DMA2K revision project. It was created by
Kinetic Analysis Corporation under contract with the FDCA. For more details on a particular hazard or an explanation of the MEMPHIS methodology, consult the
MEMPHIS Web site (http://lmsmaps.methaz.org/lmsmaps/index.html).
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County acreage was tabulated by existing (Table 4.3) and future (Table 4.4) land uses within the
hazard areas.4 The results of these land use tabulations are summarized below along with some
recommendations included with the FDCA study. This information was confirmed for accuracy
and relevance with the Division of Forestry in July 2017.
Storm Surge from Tropical Cyclones
Table 4.3 presents the existing land uses within the surge zone. There are 14,665 acres of land
within the coastal hazard zone (CHZ) and an additional 237 acres in the hurricane vulnerability
zone (HVZ). These zones are primarily located on the barrier islands and inland up to a couple
miles. Incorporated coastal communities occupy most of the land in these zones. Currently, 43.1%
of the CHZ and 42.6% of the HVZ have single-family homes. Another major existing land use of
these zones is commendably parks and conservation, with 13.0% of the CHZ and 13.9% of the
HVZ used for these purposes. In addition, approximately 19% of both zones are still undeveloped.
Table 4.4 shows that of the currently vacant land in the CHZ and HVZ, 33.4% and 28.7%,
respectively, are designated for future transportation uses. While future investment in
transportation in these zones may increase evacuation capacities, it also will increase the
taxpayer’s investment in a hazardous area and subsidize future growth where the intention is to
limit densities. Table 4.4 also shows that currently vacant land is allocated for future residential
use. According to the tabulations, 10.8% of the vacant property in both zones is designated for 5
dwelling units per acre and another 8.6% of the CHZ and 10.1% of the HVZ vacant acres are
designated for 25 dwelling units per acre. If development occurs accordingly, it will further
increase the population in the Category 1 evacuation zone and likely put more people at risk from
storm surge.
Flood
Table 4.3 presents the existing land uses within the 100-year floodplain. Much of Broward County
is within a flood zone. Currently, 193,965 acres are at risk from flooding, but this does not include
the Everglades Conservation Area which naturally floods. Of the 193,965 acres, 64.8%, or
125,750 acres are in residential use. Also, 33,981 flood-prone acres, or 17.5%, of the floodplain,
is currently undeveloped. An additional 9,934 acres besides those in the Everglades Conservation
Area are designated as parks, conservation areas, and golf courses. Using flood-prone areas for
parks and conservation purposes is a strong flood mitigation strategy since development can be
limited in these areas and the natural hydrology left in place. Existing vacant land allows the
County and municipalities an opportunity to regulate or limit development before it occurs. Of the
33,981 acres currently undeveloped in the zone, 50.2% are designated for future residential uses,
as shown in Table 4.4. Another 3,177 acres are designated for commercial use while an additional
1,260 vacant acres are designated for community facilities. Transportation and right-of-way future
land uses are designated towards 14.2% of existing undeveloped land. This is a lot of
development that is currently allowable within the 100-year floodplain. With proper mitigation
designed into these structures and roads, much of the development can occur without increasing
the vulnerability of the County to flood losses. However, alterations to the natural hydrology often
have unforeseen impacts if mitigation occurs in a piece-meal fashion rather than looking at
system-wide drainage impacts.
4 Note: The Everglades Conservation Area is not included in the following land use tabulations.
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Wildfire
Because of climate change, Wildfire poses an increased risk to Broward County, particularly in
the less developed areas to the west. The data included in Table 4.3 represents the still current
Wildfire vulnerability profile for the county. Revised data will be included in the next ELMS update.
Table 4.3 presents the land uses associated with high-risk wildfire zones. Small wildfire-prone
areas are found throughout the County, although there is a concentration along Route 27. Single-
family homes are found in 46.9% of the wildfire susceptible acres, generally scattered in isolated
areas south of Highway 75 and east of Route 27. These homes are most likely very vulnerable to
a wildfire since single-family residential neighborhoods on the outskirts of urban areas typically
have a lot of vegetation that can allow a fire to spread between homes. Another 24% of the wildfire
risk areas, or 1,628 acres, are currently conserved and special attention should be paid to
maintaining wildfire fuel levels through prescribed burning or mechanical means in these areas.
Another 875 acres are currently undeveloped. Vacant lands often can add to wildfire risk since
wildfire fuel levels are not typically maintained. Of the undeveloped land, Table 4.4 shows that
19.1% is designated for future residential estates and 12.6% is designated for rural ranches.
When development does occur on these lands, wildfire mitigation techniques for neighborhood
design should be encouraged as well as education of homeowners about maintaining defensible
space.
Table 4.3: Total County Acres in Hazard Areas by Existing Land Use Category
Existing Land Use
Category
Coastal
Hazard Zone
Hurricane
Vulnerability
Zone
Flood Zones Wildfire
Susceptible Areas
Agriculture Acres 85.8 150.1 5,446.3 832.0
% 0.49% 0.68% 2.88% 3.54%
Attractions, Stadiums,
Lodging
Acres 144.8 295.6 509.1 2.9
% 0.82% 1.33% 0.27% 0.01%
Places of Worship Acres 45.3 117.2 1,678.6 187.1
% 0.26% 0.53% 0.89% 0.80%
Commercial Acres 615.2 1,224.4 9,445.8 370.4
% 3.49% 5.51% 5.00% 1.58%
Government,
Institutional, Hospitals,
Education
Acres 2,170.2 1,116.4 14,097.4 1,900.2
% 12.32% 5.02% 7.47% 8.10%
Industrial
Acres 249.0 302.8 5,803.5 271.2
% 1.41% 1.36% 3.07% 1.16%
Parks, Conservation
Areas, Golf Courses
Acres 2,643.1 2,633.0 9,676.3 743.7
% 15.00% 11.85% 5.12% 3.17%
Residential Group
Quarters, Nursing
Homes
Acres 5.9 7.1 337.0 0.2
% 0.03% 0.03% 0.18% 0.00%
Residential Multi-Family
Acres 174.5 853.8 5,673.1 183.0
% 0.99% 3.84% 3.00% 0.78%
Acres 182.7 279.0 2,701.5 61.0
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Existing Land Use
Category
Coastal
Hazard Zone
Hurricane
Vulnerability
Zone
Flood Zones Wildfire
Susceptible Areas
Residential Mobile
Home, or Commercial
Parking Lot % 1.04% 1.25% 1.43% 0.26%
Residential Single-
Family
Acres 1,577.1 5,264.2 32,778.4 2,635.8
% 8.95% 23.68% 17.36% 11.23%
Submerged Lands
(Water Bodies)
Acres 3,181.1 1,966.1 16,171.3 2,345.7
% 18.05% 8.84% 8.56% 9.99%
Transportation,
Communication, Rights-
of-Way
Acres 2,157.8 1,972.1 24,255.1 1,997.5
% 12.25% 8.87% 12.85% 8.51%
Utility Plants and Lines,
Solid Waste Disposal
Acres 232.4 15.9 8,732.3 6,836.9
% 1.32% 0.07% 4.62% 29.13%
Vacant
Acres 221.8 122.9 4,994.7 178.5
% 1.26% 0.55% 2.65% 0.76%
All Others Acres 701.2 907.5 18,827.5 2,795.3
% 3.98% 4.08% 9.97% 11.91%
No Data Acres
%
3,233.6
18.35%
5,000.9
22.50%
27,688.5
14.66%
2,130.6
9.08%
TOTAL
Acres 17,621.5 22,229.0 188,816.4 23,472.2
% 100.00% 100.00% 100.00% 100.00%
Source: Broward County Property Appraiser GIS July 2017 Data, Broward County Property Appraiser GIS, Florida Regional
Planning Councils and Florida Division of Emergency Management, Broward County GIS, FEMA National Flood Hazard Layer,
Southern Wildfire Risk Assessment
Table 4.4: Total and Undeveloped Acres in Hazard Areas by Future Land Use Category
Future Land Use
Category
Coastal Hazard
Zone
Hurricane
Vulnerability Zone Flood Zones Wildfire
Susceptible Areas
Total Undev. Total Undev. Total Undev. Total Undev.
Activity Center
Acres 949.2 340.0 1415.8 794.4 11498.5 6718.0 884.9 390.3
% of
Total 5.4% 4.9% 6.4% 7.1% 6.1% 7.3% 3.8% 5.3%
Agricultural
Acres 77.9 0.0 0.0 0.0 9686.1 959.8 7989.9 518.0
% of
Total 0.4% 0.0% 0.0% 0.0% 5.1% 1.0% 34.0% 7.0%
Commerce
Acres 1386.3 889.0 1681.4 1086.8 24230.8 16386.7 1338.6 862.2
% of
Total 7.9% 12.9% 7.6% 9.7% 12.8% 17.9% 5.7% 11.6%
Commercial
Recreation
Acres 312.8 281.6 357.1 307.0 4169.6 2235.6 0.0 0.0
% of
Total 1.8% 4.1% 1.6% 2.7% 2.2% 2.4% 0.0% 0.0%
Community
Acres 314.0 190.3 499.3 385.1 7055.3 5911.2 937.5 890.8
% of
Total 1.8% 2.8% 2.2% 3.4% 3.7% 6.4% 4.0% 12.0%
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Future Land Use
Category
Coastal Hazard
Zone
Hurricane
Vulnerability Zone Flood Zones Wildfire
Susceptible Areas
Total Undev. Total Undev. Total Undev. Total Undev.
Conservation -
Natural
Reservations
Acres 1681.5 214.0 1518.8 223.2 4218.1 674.6 1172.5 156.6
% of
Total 9.5% 3.1% 6.8% 2.0% 2.2% 0.7% 5.0% 2.1%
Conservation -
Reserve Water
Supply Area
Acres 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
% of
Total 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%
Electrical
Generation
Facility
Acres 501.5 255.3 59.4 53.7 561.7 313.5 0.0 0.0
% of
Total 2.8% 3.7% 0.3% 0.5% 0.3% 0.3% 0.0% 0.0%
Estate (1)
Residential
Acres 30.6 2.8 0.0 0.0 13515.7 8919.2 554.0 255.1
% of
Total 0.2% 0.0% 0.0% 0.0% 7.2% 9.7% 2.4% 3.4%
High (50)
Residential
Acres 184.0 61.4 794.0 199.4 1070.5 318.9 0.0 0.0
% of
Total 1.0% 0.9% 3.6% 1.8% 0.6% 0.3% 0.0% 0.0%
Irregular
Residential
Acres 160.5 4.7 30.3 2.2 20689.9 6677.7 2731.2 711.3
% of
Total 0.9% 0.1% 0.1% 0.0% 11.0% 7.3% 11.6% 9.6%
Low (2)
Residential
Acres 53.3 29.2 93.3 66.0 3366.3 1099.0 1053.3 218.2
% of
Total 0.3% 0.4% 0.4% 0.6% 1.8% 1.2% 4.5% 2.9%
Low (3)
Residential
Acres 1778.1 413.7 2699.4 1282.6 12859.2 5083.9 1155.8 319.0
% of
Total 10.1% 6.0% 12.1% 11.5% 6.8% 5.5% 4.9% 4.3%
Low (5)
Residential
Acres 3188.8 1214.9 5257.2 3326.6 26515.3 12498.9 182.7 38.7
% of
Total 18.1% 17.6% 23.6% 29.7% 14.0% 13.6% 0.8% 0.5%
Low-Medium (10)
Residential
Acres 283.0 81.6 356.2 234.8 7476.2 3197.6 200.5 39.3
% of
Total 1.6% 1.2% 1.6% 2.1% 4.0% 3.5% 0.9% 0.5%
Medium (16)
Residential
Acres 374.8 81.8 1068.9 519.8 6972.1 3015.5 6.4 0.0
% of
Total 2.1% 1.2% 4.8% 4.6% 3.7% 3.3% 0.0% 0.0%
Medium-High
(25) Residential
Acres 806.0 110.7 2029.3 597.3 3742.8 1150.9 0.0 0.0
% of
Total 4.6% 1.6% 9.1% 5.3% 2.0% 1.3% 0.0% 0.0%
Mining
Acres 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
% of
Total 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%
Palm Beach
County Rural
Residential-10
Acres 0.0 0.0 0.0 0.0 112.7 37.0 0.0 0.0
% of
Total 0.0% 0.0% 0.0% 0.0% 0.1% 0.0% 0.0% 0.0%
Recreation and
Open Space
Acres 1590.4 984.1 1409.6 852.5 10026.6 7235.7 1174.1 997.7
% of
Total 9.0% 14.3% 6.3% 7.6% 5.3% 7.9% 5.0% 13.4%
Rural Estates
Acres 0.0 0.0 0.0 0.0 1348.1 910.0 637.6 391.4
% of
Total 0.0% 0.0% 0.0% 0.0% 0.7% 1.0% 2.7% 5.3%
Rural Ranches Acres 0.0 0.0 0.0 0.0 5318.6 3988.3 2296.1 1639.0
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Future Land Use
Category
Coastal Hazard
Zone
Hurricane
Vulnerability Zone Flood Zones Wildfire
Susceptible Areas
Total Undev. Total Undev. Total Undev. Total Undev.
% of
Total 0.0% 0.0% 0.0% 0.0% 2.8% 4.3% 9.8% 22.1%
Transportation
Acres 2122.8 1624.5 1702.8 1136.4 11334.4 4243.0 928.5 0.0
% of
Total 12.0% 23.6% 7.7% 10.2% 6.0% 4.6% 4.0% 0.0%
Water
Acres 1825.9 109.0 1256.1 114.7 3022.1 115.1 228.6 0.0
% of
Total 10.4% 1.6% 5.7% 1.0% 1.6% 0.1% 1.0% 0.0%
TOTAL
Acres 17621.5 6888.5 22229.0 11182.7 188790.5 91690.1 23472.2 7427.4
% of
Total 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00%
Source: Broward County Property Appraiser GIS July 2017 Data, Broward County Property Appraiser GIS, Florida Regional
Planning Councils and Florida Division of Emergency Management, Broward County GIS, FEMA National Flood Hazard Layer,
Southern Wildfire Risk Assessment
Small wildfire-prone areas are found throughout the County, although there is a concentration
along Route 27. Single-family homes are found in 46.9% of the wildfire susceptible acres,
generally scattered in isolated areas south of Highway 75 and east of Route 27. These homes
are most likely very vulnerable to a wildfire since single-family residential neighborhoods on the
outskirts of urban areas typically have a lot of vegetation that can allow a fire to spread between
homes. Another 24% of the wildfire risk areas, or 1,628 acres, are currently conserved and special
attention should be paid to maintaining wildfire fuel levels through prescribed burning or
mechanical means in these areas. Another 875 acres are currently undeveloped. Vacant lands
often can add to wildfire risk since wildfire fuel levels are not typically maintained. Of the
undeveloped land, 19.1% is designated for future residential estates and 12.6% is designated for
rural ranches. When development does occur on these lands, wildfire mitigation techniques for
neighborhood design should be encouraged as well as education of homeowners about
maintaining defensible space.
Major Disaster Declarations
Prior to determining the potential hazards of most significant concern for Broward County, it is
also helpful to review past major disaster declarations that have impacted the area. Major
disasters are declared by the President of the United States when the magnitude of a disaster
event is of such severity and magnitude that effective response is beyond the capabilities of the
State and the local governments. In these cases, eligible applicants may apply for a wide range
of federal disaster assistance that include funds for public assistance, individual assistance, and
hazard mitigation assistance.
Since 1965, Broward County has received 21 presidential disaster declarations for hurricane,
flood, wildfire, tornado, and freeze events as listed in Table 4.5. Please note that this listing does
not include all federal, state, or local emergency declarations issued for smaller, less damaging
disaster events that did not warrant a presidential declaration.
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Table 4.5: Presidential Disaster Declarations for Broward County (1965–2022)
Event Declaration Date Declaration Number
Hurricane Betsy 09/14/1965 FEMA-209-DR
Freeze 03/15/1971 FEMA-304-DR
Hurricane Andrew 08/24/1992 FEMA-955-DR
Tornadoes, Flooding, High Winds &
Tides, Freezing
03/22/1993 FEMA-982-DR
Severe Storms, High Winds,
Tornadoes, and Flooding
02/20/1998 FEMA-1204-DR
Severe Storms, High Winds,
Tornadoes, and Flooding
03/09/1998 FEMA-1195-DR
Extreme Fire Hazard 06/18/1998 FEMA-1223-DR
Hurricane Irene 10/20/1999 FEMA-1306-DR
Heavy Rains and Flooding 10/04/2000 FEMA-1345-DR
Severe Freeze 02/06/2001 FEMA-1359-DR
Hurricane Charley and Tropical
Storm Bonnie
08/13/2004 FEMA-1539-DR
Hurricane Frances 09/04/2004 FEMA-1545-DR
Hurricane Jeanne 09/26/2004 FEMA-1561-DR
Hurricane Katrina 08/28/2005 FEMA-1602-DR
Hurricane Wilma 10/24/2005 FEMA-1609-DR
Tropical Storm Fay 8/21/2008 FEMA-3288-DR
Hurricane Matthew 11/04/2016 FEMA-4283-DR
Hurricane Dorian 10/21/2019 FEMA-4468-EM
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Covid-19-Pandemic 03/25/2020 FEMA-4486-DR
Hurricane Isaias 08/01/2020 FEMA-3533-EM
Hurricane Ian 11/10/2022 FEMA-4673-DR
Hurricane Nicole 12/13/2022 FEMA-4680-DR
Hazards of Most Significant Concern for Broward County
Each of the initially identified hazards was studied for their potential impact on Broward County
as well as in terms of the availability of hazard mitigation strategies to reduce that impact. Best
available data on historical occurrences, the geographic location and extent as well as the
probability of future occurrences were collected and reviewed as part of the hazard identification
process.
Hazard Identification
Broward County is vulnerable to a wide range of natural and human caused hazards that threaten
life and property. FEMA’s current regulations and guidance under the Disaster Mitigation Act of
2000 (DMA 2000) require, at a minimum, an evaluation of a full range of natural hazards. An
evaluation of human-caused hazards (i.e., technological hazards, terrorism) is encouraged,
though not required for plan approval.
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Table 4.6: Most Significant Hazards of Concern for Broward County
Natural Hazards Human Caused Hazards
Atmospheric
Extreme Heat
Freeze
Lightning
Severe Thunderstorm
Tornado
Tropical Cyclone (Storms and Hurricanes)
Winter Storm
Hydrologic
Coastal Erosion
Drought
Flood
Rip Current
Sea Level Rise/Climate Change
Geologic
Earthquake
Expansive Soils
Sinkhole / Land Subsidence
Tsunami
Volcano
Other
Wildfire
Biological
Agricultural Disease
Pandemic/Infectious Disease
Societal
Civil Disturbance
Mass Migration
Terrorism
Active Shooter
Technological
Cyber
Dam / Levee Failure
Hazardous Material Incident
Nuclear Power Plant Accident
Structural Fire
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Table 4.7: Hazards Excluded from Further Analysis
Hazard Reasons for Exclusion
Freeze
Deep freezes do occasionally occur in South Florida; however, these events cause minimal impact outside
of agricultural losses and related economic industries (including commercial nurseries). Due to widespread
urban development and minimal agricultural land uses in Broward County, historical crop damages due to
freezes are minimal in comparison to other areas in Florida.
Winter Storm South Florida is not at risk to winter storms (including snow, ice, sleet, and blizzard conditions).
Earthquake
Broward County is located well outside of any areas identified by the United States Geological Survey as
having seismic risk (see Map 4.5). The peak ground acceleration (PGA) with a 10% probability of
exceedance in 50 years for Broward County is 0% gravity (g) (lowest potential for seismic ground shaking
events). FEMA recommends that earthquakes only be further evaluated for mitigation purposes in areas
with a PGA of 3% g or more.
Expansive Soils/Land
Subsidence
South Florida is not at risk to expansive soils. Based on its soil type, there is no potential for ground swelling
and associated property damages in Broward County.
Tsunami
Extremely rare, small events are possible along the eastern shoreline of Broward County, but the impact
would likely be minimal. Further, the vulnerability of coastal assets to tsunami inundation is lessened
through ongoing hurricane storm surge mitigation practices.
Volcano Volcanoes are not located anywhere near Broward County.
Agricultural Disease
Due to widespread urban development and minimal agricultural land uses in Broward County, agricultural
disease is not a significant hazard of concern for Broward County. Although some residents do have citrus
trees on their property that are susceptible to citrus canker, the Florida Department of Agriculture has an
aggressive program in place for the cutting down and removal of infected trees.
Civil Disturbance
There have been no recorded instances of large, unlawful civil disturbances in Broward County that have
exceeded the ability of existing law enforcement resources and partnering agencies to suppress and
control. Aside from existing operations planning and ongoing security preparedness efforts, there is little
that may be done in terms of hazard mitigation.
Dam / Levee Failure
According to the U.S. Army Corps of Engineers and the FEMA National Dam Safety Program, there are
no identified dams or levees which pose a high or intermediate hazard to Broward County. The Broward
County portion of the East Coast Protective Levee was accredited in September 2013. Although not
included as a significant hazard of concern, future analysis should be done on the impact of dam / levee
failure.
Nuclear Power Plant
Accident
Broward County is located outside of the Plume Exposure Pathway (10-mile radius) of the Turkey Point
Nuclear Power Generating Station (located in Miami-Dade County) in which shelter and/or evacuation
would likely be the principal immediate protective actions against accidental releases of radiological
plumes (see Map 4.6). Portions of Broward County are in the Ingestion Pathway Zone (50-mile radius) but
in the event of an accident, impacts are likely to be limited to serving as a host to evacuees from Miami-
Dade County.
Structural Fire
The structural fire hazard is more appropriately and adequately addressed through statewide and local fire
safety standards and codes, in addition to the continuous planning, training, and routine operation of local
firefighting services.
*** Lightning
Lightning is a weather hazard of importance and extensive cautionary messaging is produced from the
National Weather Services and local television venues during storms and rain events. Although not
included as significant hazard of concern, more in-depth analysis was done on lighting in hazards
assessment.
*** Rip Currents
Rip currents are a risk of importance and cautionary messaging is produced from the National Weather
Services and local television venues. Although not included as significant hazard of concern, more in-
depth analysis was done on rip currents in hazards assessment.
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Map 4.4: Peak Ground Acceleration for Earthquake Risk
Source: 2017 Broward County ELMS, verified 2022
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Map 4.5: Turkey Point Nuclear Power Plant Emergency Planning Zones
A
Source: 2017 Broward County GIS, Florida Department of Emergency Management, verified 2022.
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Natural Hazards and Human Caused Hazards
Natural hazards have the potential to threaten lives and cause costly damages to the built
environment. Natural hazards are the largest single contributor to catastrophic or repetitive
damage to communities in Broward County. This section includes the natural hazards that pose
the greatest risk in Broward County. Natural hazards are categorized as atmospheric, hydrologic,
geologic, and other (i.e., wildfire). Hazards are listed alphabetically by category. An addition to
the enhanced LMS plan is the inclusion of sea level rise/climate change as a natural hazard.
While this warrants its own subsection under “Hydrologic Hazards”, it has far ranged impacts that
are discussed in the “Probability of Future Events” sections of other hazards that will be impacted
such as drought, hurricane wind, flood, and wildfire. Broward County’s list of projects to mitigate
hazards may be found in Appendix C. In the project list, tropical cyclones (hurricanes and tropical
storms), thunderstorms, and tornadoes are all listed as “Wind” events.
Human caused hazards also have the potential to threaten life, health and safety for the residents
and businesses of Broward County. These include biological, societal, and technological hazards.
A listing of these hazards and the potential impact to Broward County is described in this section.
Hazards Locations
Broward County has experienced multiple natural hazards among its 31 municipalities and
unincorporated areas. These hazards primarily include tropical cyclones and tornadoes and, more
recently, extreme heat.
While a tropical cyclone is expected and thus provides the opportunity for advance preparedness
and, if necessary, evacuation planning and execution, another natural hazard, tornado, does not.
In September 2022, a tornado that was spawned by Hurricane Ian when it made landfall in the
Fort Myers area on the West Coast, struck the suburb of Pembroke Pines and caused minor to
moderate damage to businesses and the general aviation North Perry airport.
In recent years, the increased severity of extreme heat has impacted the urban areas of Broward
County, specifically Fort Lauderdale.
Atmospheric Hazards
For the purposes of this vulnerability assessment atmospheric hazards are events or incidents
that are associated with weather generated phenomenon. Atmospheric hazards included in this
section are extreme heat, lightning, severe thunderstorm (hail and wind), tornado, and tropical
cyclone.
Extreme Heat
Background
Since the 2017 ELMS update, Broward County has experienced increased vulnerability of this
hazard. Expanded development in terms of residential and commercial construction is a
contributing factor, with the greatest concentration of Extreme Heat in the eastern section of the
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county (see Location and Spatial Extent, Vulnerability Assessment). Each year, heat is the leading
cause of weather-related deaths in the United States (NOAA, 2022). Extreme heat is generally
referred to as temperatures that are approximately 10 degrees or more above the average high
temperature and is also defined by FEMA as high temperatures elevated above 90°F combined
with high humidity lasting for a period of at least 24 to 72 hours. These conditions can limit the
body’s ability to regulate its temperature and can result in heat related illnesses such as heat rash,
heat cramps, heat exhaustion and heat stroke. Young children, the elderly, and persons with
preexisting conditions are most at risk along with outdoor workers, and persons with limited
mobility or finances (See Figure X1 on heat index and health impacts below). Extreme heat can
also impact our natural and built environment, threatening critical assets such as our railway
systems and the power grid. As the earth warms and the climate changes in response to
heightened atmospheric concentrations of greenhouse gases (GHG’s), elevated temperatures,
changing wind and heat circulation patterns, and increases in moisture and humidity all contribute
to shifts in extreme heat observed. (The Centers for Disease Control and Prevention, and The
American Public Health Association, “EXTREME HEAT CAN IMPACT OUR HEALTH IN MANY
WAYS”.)
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Figure 4.4: Heat Index & Health Impacts at a Glance
Sources: Killer Heat in the United States: Climate Choices and the Future of Dangerously Hot Days. Union of Concerned Scientists
(2019), and the Southeast Florida Regional Compact (2022)
The heat index is an accurate measure of how hot it really feels when relative humidity is
combined with the air temperature and has important considerations for the human body’s comfort
(NWS, 2022). In very humid conditions, when the air temperature exceeds 90℉, the heat index
can approach or reach ‘off the charts levels’ (when it feels hotter than approximately 135℉), which
is presumed extremely dangerous for all people and likely to result in heat-related illness or even
death.
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Location and Spatial Extent
Broward County (1224.70 mi2) has a developed area bound by the Atlantic Ocean to the east
and the Everglades to the west, where its conservation area is located. Broward County (≈
26.1525° N, 80.4869° W) is located within the subtropical climate zone and experiences all four
Köppen climate types found in Florida with most of the developed area identified as rainforest or
monsoon types (AF or AM respectively), while the conservation area has mainly a savanna
climate with a small northwestern area having a humid subtropical climate type (Aw and Cfa
respectively; See Figure X2 and Table X1). Because of its climate, the entire County has been
historically vulnerable to extreme heat events. Broward has an extensive network of waterbodies
(see Figure X3) which can generate a localized cooling effect during extreme heat events due to
water’s high specific heat capacity which enables it to heat up and cool down much slower than
land. When a waterbody is cooler than the adjacent land, several heat transfer mechanisms can
facilitate a cooling effect on the land such as a surface-air temperature gradient over a waterbody
generating a pull on the heat energy above the adjacent land. However, as waterbodies heat up
in response to a warmer climate and more extended periods of extreme heat, waterbodies can
drive increases in relative humidity via evaporation from its surface, which can increase the heat
index or how hot it feels. Because of Broward County’s subtropical latitude, the area is exposed
to easterly trade winds that move west. While these winds can diminish the impacts of extreme
heat, they can also drive warmer oceanic surface water west towards Broward’s east coast.
Broward’s low-lying topography has few natural sources of shade: cloud cover and tree canopy
cover (generally denser in western communities). Broward County is exposed to the urban heat
island (UHI) effect where urbanized areas with more dense buildings, roads, infrastructure, and
other impervious surfaces experience higher temperatures than outlying areas with more natural
landscapes. This is largely due to the lower solar reflectance of impervious materials than that of
vegetation. Generally, Broward County is more built up in the east, where UHIs can exacerbate
extreme heat.
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Figure 4.5: Köppen Climate Types of Florida
Source: 1991-2020 climate normal from PRISM Climate Group, Oregon State University, https://prisim.oregonstate.edu.edu;
Outline map from US Census Bureau
Table 4.8: Classification of major climatic types according to the modified
Koppen-Geiger scheme
Classification of major climatic types according to the modified Koppen-Geiger scheme
Letter Symbol Criterion
1st 2nd 3rd
A temperature of coolest month 64.4 °F (18 °C) or higher
f precipitation in driest month at least 2.36” (60 mm)
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m precipitation in driest month < 2.36” (60mm) but ≥ 100 –(r/25)*
w precipitation in driest month < 2.36” (60mm) and < 100 –(r/25)
B2 70% or more of annual precipitation falls in the summer 1/2 of the year and r
less than 20t + 280, or 70% or more of annual precipitation falls in the winter
1/2 of the year & r less than 20t, or neither 1/2 of the year has 70% or more of
annual precipitation and r < 20t + 140 3
W r is < 1/2 of the upper limit for classification as a B type (see above)
S r is < 1/2 of the upper limit for classification as a B type but is > 1/2 of that
amount
h t ≥ 64.4 °F (18°C)
k t < 64.4 °F (18°C)
C temperature of the warmest month ≥ 50 F (10°C), & temperature of coldest
month < 64.4 °F (18°C) but > 26.6F (-3°C)
s precipitation in the driest month of the winter 1/2 of the year < 1.2” (30 mm) &
< 1/3 of the amount in the wettest month of the winter half
w precipitation in the driest month of the winter 1/2 of the year < 1/10 of the
amount in the wettest month of the summer half
f precipitation more evenly distributed throughout year; criteria for neither s nor
w satisfied
a temperature of warmest month ≥ 71.6F (22°C)
b temperature of each of four warmest months 50°F (10°C) or above but warmest
month < 71.6 F (22°C)
c temperature of one to three months 50°F (10°C) or above but warmest month <
71.6°F (22°C)
D temperature of warmest month ≥ 10 C, & temperature of coldest month =
26.6°F ( -3°C)
s same as for type C
w same as for type C
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f same as for type C
a same as for type C
b same as for type C
c same as for type C
d temperature of coldest month < -36.4°F –(38°C), D designation then used
instead of a, b, or C)
E temperature of warmest month < 50°F (10°C)
T temperature of warmest month > 32°F (0°C) but < 50°F (10°C)
F temperature of warmest month 32°F (0°C) or below
H4 temperature & precipitation characteristics highly dependent on traits of
adjacent zones & overall elevation – highland climates may occur at any latitude
Source: https://www.britannica.com/science/Koppen-climate-classification
In the formulas above, r is average annual precipitation total (mm), and t is average annual temperature °F (°C). All other
temperatures are monthly means °F (°C), and all other precipitation amounts are mean monthly totals (mm).2Any climate that
satisfies the criteria for designation as a B type is classified as such, irrespective of its other characteristics.3The summer half of
the year is defined as the months April–September for the Northern Hemisphere and October–March for the Southern
Hemisphere.4Most modern climate schemes consider the role of altitude. The highland zone has been taken from G.T.
Trewartha, An Introduction to Climate, 4th ed. (1968).
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Figure 4.6: Waterbodies & Surface Water Features
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Observed Temperature
Global and local temperatures fluctuate in response to seasonal changes, astrological and
geological events, and recurring oceanic and atmospheric phenomena such as El Niño and La
Niña. Over the past century, the average temperature, minimum temperature, and maximum
temperature in Broward County have all increased. Minimum temperature has demonstrated the
most accelerated increase at a rate of +3.1°F/ century, followed by average temperature (+2.6°F/
century), and maximum temperature (+2.1°F/ century) which increased at the slowest rate
(NOAA, 2022; See Figures X4-X7). An analysis of ambient temperature in Broward County’s
developed area between 1980-2021 revealed that the average mean temperature was 76.51°F,
the average minimum temperature was 68.92°F, and the average maximum temperature was
84.07 °F, with annual average mean, and minimum for the past 6 years (2015-2021), above the
mean line for the timeseries (See Figure 4.7).
Figure 4.7: Annual Average Temperature in Broward County from 1895 to 2022
NOAA National Centers for Environmental information, Climate at a Glance: County Time Series, Average Temperature,
published August 2022, retrieved on September 7, 2022, from https://www.ncdc.noaa.gov/cag/
The graph above shows an increase of 3.5 degrees since 1895 at a rate of +2.6°F per century. While temperature variability
appears to be greater than the change in average temperature, the upward trend (shown by the blue line) indicates increasing
temperatures over time.
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Figure 4.8: Annual Minimum Temperature in Broward County from 1895 to 2022
NOAA National Centers for Environmental information, Climate at a Glance: County Time Series, Minimum Temperature,
published August 2022, retrieved on September 7, 2022, from https://www.ncdc.noaa.gov/cag/
The graph above shows an increase of 3.6 degrees since 1895 at a rate of +3.1°F per century. While temperature variability
appears to be greater than the change in temperature, the upward trend (shown by the red line) indicates increase in minimum
temperatures over time.
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Figure 4.9: Maximum Temperature in Broward County from 1895 to 2022
NOAA National Centers for Environmental information, Climate at a Glance: County Time Series, Maximum Temperature,
published August 2022, retrieved on September 7, 2022, from https://www.ncdc.noaa.gov/cag/
The graph above shows an increase of 3.2 degrees since 1895 at a rate of +2.1°F per century. While temperature variability
appears to be greater than the change in temperature, the upward trend (shown by the blue line) indicates increase in maximum
temperatures over time.
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Figure 4.10: Broward County Urban Temperature from 1980 to 2021
Source: PRISM and Broward County Resilient Environment Department
The graph above shows the 42-year (1980 – 2021) air temperature trend for Broward County. Where Avg. Mean T., Avg. Min. T.
and Avg. Max T. stand for Average Mean, Average Minimum and Average Maximum Temperature, respectively for the entire
time period. The labeled values represent the average temperature (blue line) for each of the three variables. The timeseries
indicates that in case of Avg. Mean T. and Avg. Min. T., the temperatures during last 5-6 years are higher than the long-term
average, indicating an increasing trend.
Broward County’s Water Conservation Area experiences cooler temperatures than the urban
area, and between 1980 and 2021 the entire County including the conservation area had an
average ambient temperature of 76.05 °F, which is roughly 0.5 degrees cooler than the mean
temperature of the County’s urban area (76.51°F).
Land surface temperature maps of the entire County between 1987 and 2022 also demonstrated
the urban heat island effect at work with the conservation area maintaining lower surface
temperatures than the developed area (See Figures X8 and X9). Generally, densely developed
areas with more infrastructure (e.g., large highways, rail, bridges etc.) and a high impervious
surface area absorb more heat energy than areas with more natural landscapes. Also, within the
County’s urban area, temperatures are generally cooler in the west and warmer towards the east,
though within the east, waterfront communities along the intracoastal are generally cooler than
other areas.
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Figure 4.11: Land Surface Temperature January 2020
Above is a land surface temperature map of Broward County on January 19, 2020, that shows 45% of the developed area
reaching a surface temperature of between 86 – 95°F with the highest temperatures generally following eastern highways (I-95,
Dixie Hwy/ FEC right-of-way, I-595) and extending into the surrounding areas. Relatively lower temperatures in the conservation
area were also observed.
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Figure 4.12: Land Surface Temperature October 2016
Above is a land surface temperature map of Broward County on October 22, 2016. Despite the seasonal differences, the footprint
of the hottest areas is like that of the previous surface temperature map for January 19, 2020.
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Figure 4.13: Average Temperature by Census Block Groups
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Historical Occurrences
According to the CDC’s National Environmental Tracing Network (Link), from 2017 through 2020
there were a total of 125 heat related illness fatalities in Florida with 41 deaths occurring in 2020,
27 deaths in 2019, 15 deaths in 2018, and 42 deaths in 2017. In the City of Fort Lauderdale, the
record high for the maximum daily temperature was broken once in 2021, and 10 times in 2020.
The record high for the minimum daily temperature was surpassed 19 times in 2021, and 44 times
in 2020. In contrast, the record low for the minimum daily temperature was not exceeded in 2020
nor in 2021 (NOAA, 2022: Link).
Table 4.8: Daily Climatological Records in Fort Lauderdale between 2017 – 2021
where Maximum Temperature is ≥ 95°F
Date Description
July 2020
On July 9, 2020, the maximum temperature in Fort. Lauderdale
reached a high of 96°F
September 2019 On September 6, 2019, the temperature in Fort. Lauderdale reached
a high of 95°F
Source: Daily Climatological Records for Fort Lauderdale
https://www.weather.gov/media/mfl/climate/Daily_Records_Fort_Lauderdale.pdf
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Probability and Extent of Future Events
By 2050 the number of days that the heat index exceeds 90 °F is projected to increase to 184
days (32 days higher than the historical numbers), and at least 1 day of off the charts heat index
is predicted. By 2070, these number are even more alarming (See Table 4.10). By late century,
if global warming is limited to 2°C, modeling indicates there will still be significant increases in the
number of days the heat index is above 90°F, 100°F, and 105°F, however there will not be any
days that the heat index is off the charts (See Table 4.10). The probability of this hazard occurring
is highly likely.
Table 4.9: Historical and Projected Heat Index
Source: Killer Heat in the United Stated: Climate Choices and the Future of Dangerously Hot Days
The average mean temperature, average minimum temperature, and the average maximum
temperature in Broward County are all forecasted to continue trending upwards, with average
minimum temperature showing the most accelerated increase, and average maximum
temperature showing the slowest increase (See Figure 4.15).
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Figure 4.14: Historical and Forecasted Temperature in Broward County
Source: PRISM and Broward County Resilient Environment Department
The graph above shows the forecast for the three air temperature variables analyzed. All these variables show an increase in air
temperature in the future. The labeled values represent the rate of change over the next nine years, where Avg. Min. T shows the
highest change as shown in the pink shaded region of the graph.
Vulnerability Assessment
The eastern half of Broward County is more exposed to extreme heat, with the highest
temperatures generally concentrated in densely populated areas with more infrastructure and
greater impervious surface area (e.g., surrounding I-95 and other large highways, rail, bridges
etc.). An urban heat island analysis conducted by Earth Economics (2020) revealed that in
Broward County, 90,000 people lived in neighborhoods where urban heat islands increase
temperatures by 2 °F or more and where average per capita incomes are less than 200% the
federal poverty level (See Figure X12 below, area outlined in black).These communities lie in the
City of Pompano Beach, Oakland Park, North Lauderdale, Lauderhill, Lauderdale Lakes, Fort
Lauderdale, Davie, Hollywood, Dania Beach, West Park, Pembroke Park, and Hallandale Beach.
In evaluating areas with a high percentage of population in high-risk age groups (under age 14 or
over age 65) in addition to the criteria previously described, it was found that 33,000 persons were
at risk (See Figure 4.15 below, area outlined in white). These communities termed ‘highest risk
area**’ in the report lie in the City of Deerfield Beach, Pompano Beach, Oakland Park, Lauderdale
Lakes, Lauderhill, Fort Lauderdale, Hollywood, Hallandale Beach.
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Figure 4.15: Broward County Average Summer Temperatures & High-Risk Census
Block Groups
Source: Earth Economics (2020) Urban Heat Island Analysis of Broward County. See full report here
The Centers for Disease Control and Prevention (CDC) released a Social Vulnerability
Index (SVI) in 2018 by census tract for the United States, to help public health officials and
emergency response planners identify and map the communities that will most likely need
support before, during, and after a hazardous event such as a heat wave or extreme heat.
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The SVI indicates the relative vulnerability of each tract ranked on 15 social factors which
are further grouped into 4 themes: Socioeconomic; Household Composition; Minority
Status/Language; and Housing Type/ Transportation.
Socioeconomic Vulnerability
The socioeconomic vulnerability theme includes demographics such as per capita income,
persons 25 and older with no high school diploma, persons below poverty, and unemployed
persons 16 and older in its social vulnerability ranking tracts. A high percentile ranking for this
theme indicates that individuals may lack the flexibility that funds provide for example to relocate
to a cooler neighborhood, to opt out of working outdoors, or to purchase, utilize, and maintain air
conditioning systems in their homes and vehicles. In comparing the socioeconomic vulnerability
maps with the surface temperature maps, great overlap between the most vulnerable populations
and communities with relatively higher temperatures was observed. These overlapping areas
include parts of Pompano Beach, Oakland Park, Lauderhill and Lauderdale Lakes, Eastern Davie,
Dania Beach, Hollywood, Hallandale Beach, West Park, and Eastern Miramar (See Figure 4.16).
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Figure 4.16: Heat Exposure & Socioeconomic Vulnerability
Vulnerability by Household Composition
Under this theme, the CDC has included demographics such as age (persons 18 and younger,
and 65 and older), single parent households with children under 18, and noninstitutionalized
persons with a disability in its social vulnerability ranking. Census tracts with a high percentile
ranking for this theme are likely to show increased sensitivity to extreme heat because of elevated
health risks, a reduced capacity to flee to cooler conditions, and a greater dependency on others.
In comparing the social vulnerability maps under this theme with surface temperature maps, it
was found that while many of the vulnerable populations were also in communities with relatively
higher temperatures, some were not. For portions of Pompano Beach, Central County between
Fort Lauderdale and Plantation, and South Broward in parts of Dania Beach & Hollywood, the
most vulnerable populations under this theme intersected the hottest communities. While in parts
of Coral Springs and Tamarac, the vulnerable population does not overlap communities with
relatively higher surface temperatures (See Figure 4.18).
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Figure 4.17: Heat Exposure & Social Vulnerability by Household Composition
Vulnerability by Minority Status & Language
The CDC has included demographics such as percentage minority (all persons except white, non-
Hispanic), and percentage of persons ages 5 and over who speak English less than well in its
social vulnerability ranking under the minority status/language theme Census tracts with a high
percentile ranking for this theme may have less access to heat advisories and warnings, and other
resources that may allow for a quick response. Also, according to the US Census Bureau (2018),
Black/ African Americans and Hispanic/ Latinos make up more than 40% of the outdoor workforce.
Outdoor workers are more exposed to extreme weather and are more at risk for heat related
illnesses.
In comparing the social vulnerability maps under this theme with surface temperature maps, a
weak overlap was observed, particularly in western Broward. The social vulnerability map under
this theme is essentially a diversity map, and with large bands in eastern, central, and western
Broward falling into the highest percentile ranges due to the County’s high diversity. Because of
the County’s large minority population overall, the minority status and language may not be as
useful an indicator for vulnerability to heat as in other parts of the country (See Figure 4.18)
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Figure 4.18: Heat Exposure & Social Vulnerability by Minority Status & Language
Vulnerability by Household Type/ Transportation
The CDC has included demographics such as households with no vehicle available, households
with more people than rooms, percentage housing in structures with 10 or more units, percentage
of mobile homes, and percentage of persons in institutionalized group quarters in its social
vulnerability ranking under the housing type/transportation theme. Persons in census tracts with
a high percentile ranking for this theme are likely to lack the resources needed to facilitate a quick
response to elevated temperatures, for example, households with no vehicle available may face
challenges in quickly moving to cooler areas during extreme heat events.
The social vulnerability map under this theme identifies several areas in central and eastern
Broward as highly vulnerable, while areas west of Pembroke Pines depict lower vulnerability. This
could be because there are more transit-oriented corridors in the central and eastern parts of the
County which encourage multimodal transportation. In comparing the social vulnerability map
with the surface temperature map, it was found that while there are serval areas where the most
vulnerable populations intersect the hottest communities, such as portions of Pompano Beach,
Oakland Park, Fort Lauderdale, Lauderhill, and Lauderdale Lakes, Hollywood, Dania Beach,
Hallandale, West Park and Eastern Miramar, and others, there are also examples where the
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most vulnerable are not in communities with the relatively higher surface temperatures, such as
parts of Deerfield Beach, Coral Springs, Tamarac, Davie, and others (See Figure 4.18).
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Figure 4.19: Heat Exposure & Social Vulnerability by Household Type/Transportation
Pandemic/Infectious disease
The Covid-19 pandemic that began in 2020 impacted the lives of residents as well as all
commercial and governmental operations in Broward County. While, as of this 2022 update, many
of the restrictions and precautions that were imposed to contain the spread of the virus have been
relaxed or waived, it is recognized that this is a hazard that must be included in the planning and
preparedness for the foreseeable future. Broward County Emergency Management Division
works closely with the Florida Department of Health in monitoring disease trends and outbreaks
and, when necessitated, to take appropriate action to safeguard the Broward County community.
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Probability and Extent of Future Events
This hazard is considered likely to occur.
Mass Migration
While this is not a hazard that has the potential to impact Broward County in the same way as a
natural hazard or a pandemic, each occurrence can disrupt the daily lives of residents and tourists
and business and governmental operations as well. Most recently, there has been an increased
level of occurrence as migrants seeking refuge in the United States are arriving on the shores of
Broward County’s ocean front communities such as Deerfield Beach, Pompano Beach, and Fort
Lauderdale.
Probability and Extent of Future Events
This hazard is considered likely to occur.
Terrorism
Since the terrorist attacks of September 11, 2001, the public safety agencies of Broward County
have instituted pro-active measures to identify and contain a potential terrorist incident. This
vigilance, in coordination with state and federal law enforcement agencies, has largely prevented
another terrorist attack from occurring and impacting Broward County and its 31 municipalities.
Still, the possibility of another terrorist attack occurring that would impact Broward County is
recognized. Through ongoing training and exercising, the county maintains and will maintain its
vigilance of this hazard.
Probability and Extent of Future Events
This hazard is considered likely to occur.
Cyber
The threat of a cyber-attack has been added to the listing of Most Significant Hazards of Concern
For Broward County. Over the past five years, the potential for a cyber-attack has greatly
increased due to the latest methods and capabilities that enable cyber criminals to access
government, business, and personal computers and even servers. Government owned and/or
operated electronic systems that access the Internet, for example, are at the top of the list of
targets for cyber criminals. Broward County government has implemented numerous safeguards
to prevent cyber-attacks on its internal communications systems.
Probability and Extent of Future Events
This hazard is considered highly likely to occur.
Hazardous Material Incident
Hazardous material incidents occur routinely throughout Broward County’s municipalities and
unincorporated areas. Normally, these incidents are contained and resolved by county and local
fire/rescue and law enforcement first responders. In an extensive hazmat release, the protocols
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for response and, when necessary, evacuation, facilitate the actions that successfully mitigate the
incident. However, continuous training for first responders and initiatives that promote public
awareness of a hazmat incident are supported by Broward County government and by its 31
municipalities.
Probability and Extent of Future Events
This hazard is considered highly likely to occur.
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Severe Storm
Since the 2017 ELMS update, Broward County has experienced an increased level of Severe
Storm activity. While the number of severe storms generated each year is dependent upon a
variety of climatological factors, Broward can expect to see more severe storms that include the
following elements.
Background
According to the National Severe Storms Laboratory, more than 100,000 thunderstorms occur
each year, though only about 10% of these storms are classified as “severe” (wind speeds greater
than 58 miles per hour). Although thunderstorms generally affect a small area when they occur,
they are very dangerous because of their ability to generate strong winds, tornadoes, hailstorms,
flash flooding, and damaging lightning. While thunderstorms can occur in all regions of the United
States, they are most common in the central and southern states because atmospheric conditions
in those regions are most ideal for generating these powerful storms.
Thunderstorms are caused when air masses of varying temperatures meet. Rapidly rising warm
moist air serves as the “engine” for thunderstorms. These storms can occur singularly, in lines or
in clusters. They can move through an area very quickly or linger for several hours.
The National Weather Service estimates that as many as 40,000 thunderstorm occurrences each
day world-wide. On an annual basis, this means an incredible 14.6 million occurrences annually
world-wide. Florida leads the nation with the highest incidence per year (80 to 100 plus annual
thunderstorm days). Because of Florida’s vulnerability to this hazard, specifically Broward County,
the impacts to residents and businesses can be severe. Long term power outages, which can
occur during a severe storm, impact the health and safety of segments of the vulnerable
population. Similarly, straight-line wind and hail can cause injury and property damage.
Straight-line Wind and Hail, as described below, are components of severe storms.
Probability and Extent of Future Events
This hazard is considered highly likely to occur.
Straight-line Wind
Straight-line winds, which in extreme cases have the potential to cause wind gusts that exceed
100 miles per hour, are responsible for most thunderstorm wind damage. One type of straight-
line wind, the downburst, can cause damage equivalent to a strong tornado and can be extremely
dangerous to aviation.
Hail
Hailstorms are another potential damaging outgrowth of severe thunderstorms. Early in the
developmental stages of a hailstorm, ice crystals form within a low-pressure front due to the rapid
rising of warm air into the upper atmosphere and the subsequent cooling of the air mass. Frozen
droplets gradually accumulate on the ice crystals until having developed sufficient weight they fall
as precipitation—as balls or irregularly shaped masses of ice greater than 0.75 inches in diameter.
The size of hailstones is a direct function of the size and severity of the storm. High velocity updraft
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winds keep hail in suspension in thunderclouds. The strength of the updraft is a function of the
intensity of heating at the Earth’s surface. Higher temperature gradients relative to elevation
above the surface result in increased suspension time and hailstone size.
Location and Spatial Extent
Florida remains one of the most vulnerable states in the U.S. to thunderstorm events. According
to the State of Florida Hazard Mitigation Plan, it is a rare occasion when thunderstorms are not
observed somewhere in the state daily during the summer rainy season (generally the end of May
through the beginning of October). Thunderstorms vary tremendously in terms of size, location,
intensity, and duration but are considered extremely frequent occurrences throughout South
Florida and Broward County. It is assumed that all of Broward County is uniformly exposed to
severe thunderstorms.
Historical Occurrences
According to the National Centers for Environmental Information, there have been 427 recorded
severe thunderstorm events (including hail and high wind) in Broward County since the early
1950’s. These included:
282 high wind events since 1955.
155 hail events since 1955.
The locations of historically recorded hail events are shown in Map 4.7. Probability
and Extent of Future Events
The probability of future severe thunderstorm events in Broward County is considered “highly
likely”. In the future Broward County could be expected to receive severe thunderstorm events
with straight-line winds that exceed 58 mph winds and hail size up to 3 inches in diameter.
Vulnerability Assessment
Historical evidence shows that all of Broward County is vulnerable to impacts from severe
thunderstorms. Because it cannot be predicted where severe thunderstorms may strike, all
buildings and facilities are uniformly exposed to this hazard and could potentially be impacted. It
is important to note that only high wind and hail events attributed to severe thunderstorms that
have been reported through NOAA data have been factored into this risk assessment. However,
in the past 62 years it is likely that a higher number of thunderstorm occurrences have not been
reported.
Tornado
With the expected increase in the number of severe storms (i.e., thunderstorms) each year due
to climatological factors related to climate change, it is anticipated that Broward County will
experience increased tornado activity. As an example, as is further described in this section, two
unclassified tornados spawned by Hurricane Ian before it made landfall on Florida’s west coast
struck the neighborhood of Pasadena Lakes in east Pembroke Pines and in Davie, causing major
damage.
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Background
A tornado is a violent windstorm characterized by a twisting, funnel-shaped cloud extending to
the ground. Tornadoes are most often generated by thunderstorm activity (but sometimes result
from hurricanes and other tropical storms) when cool, dry air intersects and overrides a layer of
warm, moist air forcing the warm air to rise rapidly. The damage caused by a tornado is a result
of the high wind velocity and wind-blown debris, also accompanied by lightning or large hail.
According to the National Weather Service, tornado wind speeds normally range from 40 to more
than 300 miles per hour. The most violent tornadoes have rotating winds of 250 miles per hour or
more and can cause extreme destruction and turning normally harmless objects into deadly
missiles.
Each year, an average of over 1,230 tornadoes are reported nationwide, resulting in an average
of 71 deaths over the last thirty years (NOAA Storm Prediction Center (SPC). They are more likely
to occur during the months of March through May and can occur at any time of day but are likely
to form in the late afternoon and early evening. Most tornadoes are a few dozen yards wide and
touch down briefly, but even small short-lived tornadoes can inflict tremendous damage. Highly
destructive tornadoes may carve out a path over a mile wide and several miles long.
The destruction caused by tornadoes ranges from light to inconceivable depending on the
Intensity, size, and duration of the storm. Typically, tornadoes cause the greatest damage to
structures of light construction such as residential homes (particularly mobile homes). The
Enhanced Fujita Scale for Tornadoes was developed to measure tornado strength and associated
damages (Table 4.11).
Table 4.10: Enhanced Fujita Scale for Tornadoes
According to the SPC, the highest concentration of tornadoes in the United States has been in
Oklahoma, Texas, Kansas, and Florida respectively. Although the Great Plains region of the
EF-Scale
Number
Intensity
Phrase
3 Second Gust
(MPH) Type of Damage Done
EF0 GALE 65–85 Some damage to chimneys; breaks branches off trees; pushes
over shallow-rooted trees; damages to sign boards.
EF1 MODERATE 86–110
The lower limit is the beginning of hurricane wind speed; peels
surface off roofs; mobile homes pushed off foundations or
overturned; moving autos pushed off the roads; attached
garages may be destroyed.
EF2 SIGNIFICANT 111–135
Considerable damage. Roofs torn off frame houses; mobile
homes demolished; boxcars pushed over; large trees snapped
or uprooted; light object missiles generated.
EF3 SEVERE 136–165 Roof and some walls torn off well-constructed houses; trains
overturned; most trees in forest uprooted.
EF4 DEVASTATING 166–200
Well-constructed houses leveled; structures with weak
foundations blown off some distance; cars thrown, and large
missiles generated.
EF5 INCREDIBLE Over 200
Strong frame houses lifted off foundations and carried
considerable distances to disintegrate; automobile sized missiles
fly in excess of 100 meters; trees debarked; steel re-enforced
concrete structures badly damaged.
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Central United States does favor the development of the largest and most dangerous tornadoes,
Florida experiences some of the highest numbers of tornadoes per square mile of all U.S. states
and are generally EF0 or EF1 in intensity (SPC, 2021). Figure 4.20 shows tornado activity in the
United States from 2002 to 2021 based on the number of recorded tornadoes per 10,000 square
miles.
The tornadoes associated with tropical cyclones are most frequent in September and October
when the incidence of tropical storm systems is greatest. This type of tornado usually occurs
around the perimeter of the storm, and most often to the right and ahead of the storm path or the
storm center as it comes ashore. These tornadoes commonly occur as part of large outbreaks
and generally move in an easterly direction.
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Figure 4.20 Tornado activity in the United States based on the number of recorded
tornadoes per 10,000 square miles.
Source: NOAA Storm Prediction Center, 2022
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Location and Spatial Extent
Tornadoes occur throughout the State of Florida and based on historical data more confirmed
tornado touchdowns have been confirmed in South Florida than other regions in the state. Florida
tornadoes typically impact a relatively small area; however, events are completely random, and it
is not possible to predict specific areas that are more susceptible to tornado strikes over time.
Therefore, it is assumed that all of Broward County is uniformly exposed to this hazard. According
to the Florida Division of Emergency Management, Florida has 2 distinct tornado seasons: (1)
summer (most frequent, less intense events); and (2) late winter/early spring (less frequent, more
intense events).
Historical Occurrences
From 2012 to 2021, Florida averaged 41 tornado events per year, though most are smaller, less
intense, and shorter in duration than those in other states. According to the State of Florida Hazard
Mitigation Plan, Broward County is designated as a “High Risk” jurisdiction when compared with
other Florida counties.
According to the National Centers for Environmental Information, there have been 115 recorded
tornado events in Broward County since 1950.5 These events resulted in 1 death, 96 injuries,
and an estimated $173.7 million in property damages. Most of these events (74) were determined
to be of minimal tornado intensity (F0), as shown in Table 4.12. The strongest and most deadly
tornado in Broward County history occurred on March 1, 1980, when an F3 tornado killed 1
person, injured 33, and caused approximately $25 million in property damages.
Table 4.11: Overall Historical Tornado Impact in Broward County by Jurisdiction
Jurisdiction
Number of
Events
(1950-2022)
Magnitude
(Fujita Scale*) Maximum
F Scale F0 F1 F2 F3 F4 F5
Coconut Creek 1 0 1 0 0 0 0 F1**
Cooper City 0 0 0 0 0 0 0 not applicable
Coral Springs 5 4 0 0 0 0 0 F0
Dania Beach 0 0 0 0 0 0 0 not applicable
Davie 3 3 0 1 0 0 0 F0 and F 2
Deerfield Beach 2 1 1 0 0 0 0 F1
Fort Lauderdale 5 3 2 0 0 0 0 F0 and F1
Fort Lauderdale International Airport 1 1 0 0 0 0 0 F0
Hallandale Beach 6 4 2 0 0 0 0 F1
Hillsboro Beach 1 1 0 0 0 0 0 F0
Hillsboro Lighthouse 0 0 0 0 0 0 0 not applicable
Hollywood 3 2 1 0 0 0 0 F0 and F1
Hollywood N. Perry Airport 1 0 1 0 0 0 0 F1
Lauderdale-By-The-Sea 0 0 0 0 0 0 0 not applicable
5 These events do not include reported funnel clouds or waterspouts.
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Jurisdiction
Number of
Events
(1950-2022)
Magnitude
(Fujita Scale*) Maximum
F Scale F0 F1 F2 F3 F4 F5
Lauderdale Lakes 1 0 1 0 0 0 0 F1**
Lauderhill 1 1 0 0 0 0 0 F0
Lazy Lake 0 0 0 0 0 0 0 not applicable
Lighthouse Point 0 0 0 0 0 0 0 not applicable
Margate 1 1 0 0 0 0 0 F0
Miramar 3 1 2 0 0 0 0 F1
North Lauderdale 0 0 0 0 0 0 0 not applicable
Oakland Park 1 1 0 0 0 0 0 F0
Parkland 0 0 0 0 0 0 0 not applicable
Pembroke Park 0 0 0 0 0 0 0 not applicable
Pembroke Pines 3 2 1 0 0 0 0 F1
Plantation 3 3 0 0 0 0 0 F0**
Pompano Beach 4 4 0 0 0 0 0 F0
Sea Ranch Lakes 0 0 0 0 0 0 0 not applicable
Southwest Ranches 0 0 0 0 0 0 0 not applicable
Sunrise 2 0 1 1 0 0 0 F1 and F2
Tamarac 2 1 1 0 0 0 0 F1
Broward Municipal Services Districts 71 45 16 7 3 0 0 F3
West Park 0 0 0 0 0 0 0 not applicable
Weston 0 0 0 0 0 0 0 not applicable
Wilton Manors 0 0 0 0 0 0 0 not applicable
TOTAL 120 78 30 9 3 0 0 F3
Source: National Centers For Environmental Information – as of 12/31/2022
* - For historical purposes, the Fujita Scale was used in this table
** - The tornados occurred when the Enhanced Fujita scale had been adopted.
To exemplify the potential impact of a major tornado event, the following notable recent events
are described and considered as part of Broward County’s risk assessment and mitigation
planning purposes.
June 16, 1997
An F1 tornado touched down in Sunrise at the intersection of Commercial Boulevard and
Nob Hill, flipping 1 car. The tornado moved southwest to near NW 103 Street/NW 45
Avenue. Several roofs were damaged, numerous windows were broken, small trees were
uprooted, and power lines knocked down. Several cars were damaged by flying debris,
and 1 injury was reported. Total damages exceeded $1 million.
February 2, 1998
In the evening, several F1 tornadoes crossed the Dade/Broward County line and damaged
a strip shopping center in Miramar. The multiple tornadoes moved across North Perry
airport, where 40 aircraft were destroyed, and 40 aircraft were damaged. The tornadoes
weakened as they continued north-northeast damaging a shopping center in Davie near
Orange Road/Hiatus Road. Total damages exceeded $30 million.
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October 18, 2011
A strong tornado rated as an EF-2 with maximum estimated winds of 125 mph moved
across western portions of Plantation and Sunrise on the evening of October 18th. A total
of 136 structures suffered damage, with about 20-25 of these sustaining significant to
severe damage. A few mobile homes in the Plantation section of the tornado were
destroyed with roof and wall collapse. The tornado intensified as it moved into Sunrise,
damaging homes in the New Orleans Homes subdivision. Two concrete block homes
sustained significant to total roof loss, and several other homes had significant roof,
garage, and window damage. Cars were damaged by winds and debris as well as
uprooted and sheared trees. Most of the damage was in the EF-1 range, except for a two-
block area of EF-2 damage in Sunrise at the New Orleans Homes subdivision where the
highest winds were noted. Despite the magnitude and extent of the damage, no major
injuries were reported with only a few scrapes and cuts. Federal assistance was approved
for residents in the affected area due to the severity and magnitude of the damage.
January 27, 2016
A line of severe storms moved onto the Gulf coast at 5am that
morning, prompting the issuance of several special weather
statements, severe thunderstorm warnings, and tornado
warnings as it crossed the south-Central peninsula. A strong
cyclic mesocyclone that moved onshore during the early
morning hours tracked across the peninsula, where it re-
intensified over north Central Broward county and produced
an EF-1 tornado that moved across Coconut Creek and
Pompano Beach. The tornado touched down near the
intersection of NW 2nd court and NW 43rd Ave and traveled northeast leading to several
snapped and uprooted hardwood trees and damage to fences across NW 42nd, Palmetto
Drive, and Coconut Creek Boulevard. The tornado damaged trees, power lines and tossed
several cars across the impacted area.
September 27, 2022
An EF-1 tornado spawned by Hurricane Ian before it made landfall on Florida’s west coast
struck the neighborhood of Pasadena Lakes in east Pembroke Pines. The storm ripped
through the neighborhood after destroying about 30 small planes at North Perry airport.
Some were missing wings and tails; others were flipped upside down. In addition, there
was a small amount of structural damage to the airport, which is operated by Broward
County. At approximately the same time, another EF-1 tornado spawned by Ian struck a
mobile home park in the nearby city of Davie, damaging at least 10 mobile homes. There
were no reported injuries reported from either tornado.
Probability and Extent of Future Events
The probability of future tornado occurrences affecting Broward County is considered highly likely.
According to historical records, Broward County experiences an average of nearly 2 confirmed
tornado touchdowns per year. While most of these events are small in terms of size, intensity,
and duration, they do pose a significant threat should Broward County experience a direct tornado
strike. In the future, Broward County can expect to be hit by tornadoes reaching up to EF3 in
strength. Tornadoes, even those at an EF-0 level, can impact residents and businesses, and can
cause injuries and property damage.
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Vulnerability Analysis
To estimate potential losses due to tornadoes, NOAA historical tornado loss data was used to
develop a tornado stochastic model. In this model:
• Losses were scaled for inflation.
• Average historic tornado damageability was used to generate losses for historical tornadic events
where losses were not reported.
• Expected annualized losses were calculated through a non-linear regression of historical data.
• Probabilistic losses were scaled to account for would-be losses where no exposure/instrument
was present at the time of the event.
Table 4.13 shows potential annualized property losses for each jurisdiction in Broward County.
Table 4.12: Potential Annualized Losses by Jurisdiction (Tornado)
Jurisdiction Total Exposure Annualized Expected
Property Losses ($)
Annualized Percent
Loss Ratio
Coconut Creek $3,061,603,270 Negligible 0.00%
Cooper City $1,943,657,150 Negligible 0.00%
Coral Springs $8,134,798,700 Negligible 0.00%
Dania Beach $1,878,435,580 Negligible 0.00%
Davie $6,711,031,880 Negligible 0.00%
Deerfield Beach $5,161,599,440 $8,756 0.00%
Fort Lauderdale $22,130,694,710 $40,834 0.00%
Hallandale Beach $3,836,691,130 $21,247 0.00%
Hillsboro Beach $810,574,300 Negligible 0.00%
Hollywood $10,029,588,340 Negligible 0.00%
Lauderdale-By-The-Sea $1,739,928,950 Negligible 0.00%
Lauderdale Lakes $1,152,461,750 Negligible 0.00%
Lauderhill $2,492,601,430 Negligible 0.00%
Lazy Lake $4,107,550 Negligible 0.00%
Lighthouse Point $1,261,700,120 Negligible 0.00%
Margate $2,296,212,030 Negligible 0.00%
Miramar $7,475,638,380 $1,046,334 0.01%
North Lauderdale $1,260,435,790 Negligible 0.00%
Oakland Park $2,473,754,560 Negligible 0.00%
Parkland $2,682,321,260 Negligible 0.00%
Pembroke Park $404,154,300 Negligible 0.00%
Pembroke Pines $10,247,846,250 $7,872 0.00%
Plantation $6,803,128,100 Negligible 0.00%
Pompano Beach $8,981,181,420 Negligible 0.00%
Sea Ranch Lakes $110,763,020 Negligible 0.00%
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Jurisdiction Total Exposure Annualized Expected
Property Losses ($)
Annualized Percent
Loss Ratio
Southwest Ranches $890,133,450 Negligible 0.00%
Sunrise $5,308,400,300 $22,890 0.00%
Tamarac $3,283,696,510 Negligible 0.00%
Broward Municipal Services
Districts $1,106,396,610 $553,674 0.05%
West Park $331,537,990 Negligible 0.00%
Weston $6,490,572,820 Negligible 0.00%
Wilton Manors $941,493,080 Negligible 0.00%
TOTAL $131,437,140,170 $1,701,607 0.00%
* Negligible is less than $5,000
Source: 2017 Broward County LMS, FEMA’s National Risk Index
According to FEMA’s National Risk Index as of 2022, the Expected Annual Loss for tornadoes
in Broward County is $8.8M, with a Total Exposure of $13T. While FEMA designates Broward’s
Historic Loss Ratio from tornadoes as Very Low, the county’s Expected Annual Loss Score is
Relatively High at 39.69. The Risk Index Score for tornadoes is 28.91.
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Waterspout
Background
Waterspouts are weak tornadoes that form over warm water and are most common along the
Gulf Coast and southeastern states. Waterspouts occasionally move inland, becoming tornadoes
that can cause damage and injury. However, most waterspouts dissipate over the open water
threatening only marine and boating interests. Typically, a waterspout is weak and short-lived,
and because they are so common, most go unreported unless they cause damage.
Probability and Extent of Future Events
This hazard is considered highly likely to occur.
Tropical Cyclones (Storms and Hurricanes)
Background
Hurricanes and tropical storms are classified as cyclones and defined as any closed circulation
developing around a low-pressure center in which the winds rotate counterclockwise in the
Northern Hemisphere (or clockwise in the Southern Hemisphere) and whose diameter averages
10 to 30 miles across. A tropical cyclone refers to any such circulation that develops over tropical
waters. Tropical cyclones act as a “safety-valve,” limiting the continued build-up of heat and
energy in tropical regions by maintaining the atmospheric heat and moisture balance between the
tropics and the pole-ward latitudes. The primary damaging forces associated with these storms
are high-level sustained winds, heavy precipitation, and tornadoes. Coastal areas are also
vulnerable to the additional forces of storm surge, wind-driven waves, and tidal flooding which
can be more destructive than cyclone wind.
The key energy source for a tropical cyclone is the release of latent heat from the condensation
of warm water. Their formation requires a low-pressure disturbance, warm sea surface
temperature, rotational force from the spinning of the earth, and the absence of wind shear in the
lowest 50,000 feet of the atmosphere. Most hurricanes and tropical storms form in the Atlantic
Ocean, Caribbean Sea, and Gulf of Mexico during the official Atlantic hurricane season, which
encompasses the months of June through November. The peak of the Atlantic hurricane season
is in early to mid-September and the average number of storms that reach hurricane intensity per
year in this basin is about 6.
As an incipient hurricane develops, barometric pressure (measured in millibars or inches) at its
center falls and winds increase. If the atmospheric and oceanic conditions are favorable, it can
intensify into a tropical depression. When maximum sustained winds reach or exceed 39 miles
per hour, the system is designated a tropical storm, given a name, and is closely monitored by
the National Hurricane Center in Miami, Florida. When sustained winds reach or exceed 74 miles
per hour the storm is deemed a hurricane. Hurricane intensity is further classified by the Saffir-
Simpson Scale (Table 4.14), which rates hurricane intensity on a scale of 1 to 5, with 5 being the
most intense. Storm surge is no longer included in the scale due to fluctuations in wind speed in
the span of a hurricane that may not alter the storm surge level.
Located immediately offshore and running parallel to Broward County’s 24 miles of shoreline,
Florida’s coral reef consisting of a ridge complex, inner, middle, and outer reefs provide storm
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protection and flood reduction benefits to the County. The physical relief features of coral reefs
serve as a natural barrier to shorelines by reducing wave energy. According to Ferrario et al.
(2014), on average, coral reefs reduce wave energy by 97%.
Due to its close the proximity to the highly urbanized shoreline of Broward County, the exposure
of coral reefs to human-induced impacts coupled with the effects of climate change on ocean
chemistry and temperature, and the recent widespread outbreak of stony coral tissue loss
disease, resulted in both biological and physical degradation of the coral reef ecosystem. The
degradation reduces the capability of coral reefs to act as natural infrastructure to provide shore
protection.
The value of US reefs as flood protection against damages to property in Florida is estimated to
be $823 million annually (Storlazzi et al., 2019).
Table 4.13: Saffir-Simpson Hurricane Wind Scale
Category Maximum Sustained Wind
Speed (MPH)
Minimum Surface Pressure
(Millibars)
1 74 – 95 Greater than 980
2 96 – 110 979-965
3 111 – 130 964-945
4 131 – 155 944-920
5 155 plus Less than 920
The Saffir-Simpson Scale categorizes hurricane intensity linearly based upon maximum
sustained winds, barometric pressure and, which are combined to estimate potential damage.
Categories 3, 4, and 5 are classified as “major” hurricanes, and while hurricanes within this range
comprise only 20% of total tropical cyclone landfalls, they account for over 70% of the damage in
the United States. Table 4.15 describes the damage that could be expected for each category of
hurricane. Damage during hurricanes may also result from spawned tornadoes, storm surge, and
inland flooding associated with heavy rainfall that usually accompanies these storms.
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Table 4.14: Hurricane Damage Classifications
Location and Spatial Extent
Florida remains one of the most vulnerable states in the U.S. to hurricanes and tropical storms.
By virtue of its geographic location in South Florida, all areas of Broward County are highly
susceptible to hurricanes and tropical storm-force winds. Further, the immediate coastal zone and
areas along the canals of Broward County are extremely susceptible to potential storm surge
inundation resulting from hurricanes and tropical storms, as well as inundation from King Tide
events, which will be exacerbated as sea levels rise. The South Florida Water Management
District (SFWMD) manages water levels in the canals to reduce saltwater intrusion into the fresh
ground water and nearby wellfields that are used for public water supply. SFWMD monitors water
levels in the canals carefully and operates a series of water control structures in each canal that
have gates which shut when the tailwater levels (ocean side) are higher than headwater levels
(inland side), which would allow saltwater to move inland. Examples of the water control
structures, which are part of the C&SF System, are the S33 on Canal C-12 (the North Fork of the
Storm
Category
Damage
Level Description of Damages Photo
Example
1 MINIMAL
No real damage to building structures. Damage primarily to
unanchored mobile homes, shrubbery, and trees. Also, some coastal
flooding and minor pier damage.
2 MODERATE
Some roofing material, door, and window damage. Considerable
damage to vegetation, mobile homes, etc. Flooding damages piers
and small craft in unprotected moorings may break their moorings.
3 EXTENSIVE
Some structural damage to small residences and utility buildings, with
a minor amount of curtain wall failures. Mobile homes are destroyed.
Flooding near the coast destroys smaller structures, with larger
structures damaged by floating debris. Terrain may be flooded well
inland.
4 EXTREME
More extensive curtain wall failures with some complete roof
structure failure on small residences. Major erosion of beach areas.
Terrain may be flooded well inland.
5 CATASTROPHIC
Complete roof failure on many residences and industrial buildings.
Some complete building failures with small utility buildings blown over
or away. Flooding causes major damage to lower floors of all
structures near the shoreline. Massive evacuation of residential areas
may be required.
Sources: National Hurricane Center; Federal Emergency Management Agency
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New River) and S36 on Canal C-13. These structures are generally west of I-95 about halfway
between the I-95 and the Florida Turnpike (one exception is the G54 on the G-15 Canal (the North
New River Canal) which is just west of the Florida Turnpike). As sea levels rise, the performance
of these gravity based coastal water control structures are being reduced, because discharge
rates are a result of the difference between inland water levels and tidal water levels, which are
decreasing, in average. Along with sea level rise, other climate impacts, land development,
population increase, and aging of the C&SF infrastructure, which was mostly designed and
constructed in the 1950’s, are significantly impacting the overall performance of the C&SF system.
SFWMD is making significant infrastructure adaptation investments that are needed to
successfully continue to implement its mission of safeguarding and restoring South Florida’s water
resources and ecosystems, protecting communities from flooding, and ensuring an adequate
water supply for all of South Florida’s needs, today and in the future. As part of the District’s
commitment to resiliency, alongside local governments, stakeholders, and communities in the
region, to address the impacts of these changing conditions on the District’s critical assets, water
management operations, water supplies, and water resources, the District is developing its Sea
Level Rise and Flood Resiliency Plan. The plan compiles a comprehensive list of priority resiliency
projects with the goal of reducing the risks of flooding, sea level rise, and other climate impacts
on water resources and increasing community and ecosystem resiliency in South Florida.
In addition, the Jacksonville District and the South Florida Water Management District, non-
federal partner, initiated the Central and Southern Florida (C&SF) Flood Resiliency Study to
identify the need to provide continued flood risk management to reduce the most immediate risk
to the C&SF Project due to changing conditions including climate change, sea level change, land
development, and population growth in the lower east coast of Florida in Palm Beach, Broward,
and Miami-Dade counties. FRM measures to be evaluated may include a combination of
structural, non-structural, natural, and nature-based features.
High tailwater generally occurs during high tide conditions and the effect is to block saltwater from
travelling farther to the west of the water control structures. Just as these structures are operated
in the closed position during high tide, they are also closed during storm surge events, such that
the gates would serve to block storm surge from travelling west of the water control structures.
While it is conceivable that an extreme event may damage the gates, rendering them inoperable
as a defense to storm surge, this is not within the reasonable range of potential events, especially
given resilience improvements and redundancies planned and underway to ensure backup
energy sources and elevating/hardening of control structures and appurtenant infrastructure.
While storm surges typically do not generate notable inundation west of the water control
structures, high tides and moderate storm surge have been shown to affect water levels in canals
west of the control structures, with the potential to hinder basin drainage. Further increases in sea
level combined with intensifying high tides and storm surge will necessitate more significant
resilience investments, including the replacement of gravity operated gates with pumps, to
manage inland stormwater discharges. Without these investments, overtopping of water control
structures is likely, along with severe constrains on stormwater management that will increase the
flood risk of low-lying areas both coastal and inland in addition to increasing the risk of saltwater
contamination of coastal wellfields.
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Maps 4.8 and 4.9 illustrate storm surge inundation zones for Broward County derived from Florida
Division of Emergency Management’s effort to update Regional Evacuation Studies. As part of
the statewide study, the DEM managed a separate contract to produce updated LIDAR elevation
data, which was completed for about 28,000 square miles across the State of Florida. New Sea,
Lake, and Overland Surge from Hurricanes (SLOSH) modeling was then completed for 2 SLOSH
basins involved in the update for South Florida: Biscayne Bay for Miami-Dade and Broward
Counties, and Florida Bay for Monroe County. Maps 4.9 and 4.10 were developed by BCRED
based on the updated 2022 SLOSH modeling results taken from NOAA website. SLOSH is a
modeling tool used to estimate storm surge for coastal areas resulting from historical,
hypothetical, or predicted hurricanes considering maximum expected levels for pressure, size,
forward speed, track, and winds. Therefore, the SLOSH data is best used for defining the potential
maximum surge for any location.
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Map 4.8: Storm Surge Inundation Zones
Data Source: National Hurricane Center, NOAA Broward County GIS
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Map 4.9: Aerial of Storm Surge Inundation
Source: National Hurricane Center, NOAA, Broward County GIS.
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Historical Occurrences
According to NOAA historical storm track records, 102 hurricane or tropical storm tracks have
passed within 75 miles of Broward County since 1850.6 This includes: three Category 5
hurricanes, 8 Category 4 hurricanes, 13 Category 3 hurricanes, 15 Category 2 hurricanes, 18
Category 1 hurricanes, and 51 tropical storms. Of the 106 recorded storm events, 22 had
tracks that traversed directly through Broward County. Table 4.16 provides for each event the
date of occurrence, name (if applicable), maximum wind speed (as recorded within 75 miles
of Broward County), and Category of the storm based on the Saffir-Simpson Scale.
Table 4.15: Historical Storm Tracks within 75 Miles of Broward County (1850–2022)
Date of Occurrence Storm Name Maximum Wind Speed
(MPH) Storm Category
10/17/1859 Unnamed 70 Tropical Storm
11/1/1861 Unnamed 70 Tropical Storm
9/17/1863 Unnamed 70 Tropical Storm
10/23/1865 Unnamed 105 Category 2 Hurricane *
10/11/1870 Unnamed 105 Category 2 Hurricane
10/20/1870 Unnamed 90 Category 1 Hurricane
8/17/1871 Unnamed 115 Category 3 Hurricane
8/25/1871 Unnamed 105 Category 2 Hurricane
10/7/1873 Unnamed 115 Category 3 Hurricane
9/16/1876 Unnamed 70 Tropical Storm
10/20/1876 Unnamed 105 Category 2 Hurricane
7/3/1878 Unnamed 45 Tropical Storm
9/8/1878 Unnamed 70 Tropical Storm
10/22/1878 Unnamed 80 Category 1 Hurricane
8/17/1881 Unnamed 45 Tropical Storm
8/24/1885 Unnamed 80 Category 1 Hurricane
8/24/1886 Unnamed 80 Category 1 Hurricane
8/16/1888 Unnamed 125 Category 3 Hurricane *
9/8/1888 Unnamed 50 Tropical Storm
9/24/1888 Unnamed 45 Tropical Storm
10/6/1889 Unnamed 45 Tropical Storm *
8/24/1891 Unnamed 85 Category 1 Hurricane
10/7/1891 Unnamed 50 Tropical Storm*
6/10/1892 Unnamed 45 Tropical Storm *
9/25/1894 Unnamed 105 Category 2 Hurricane
10/2/1895 Unnamed 60 Tropical Storm
10/16/1895 Unnamed 40 Tropical Storm*
10/9/1896 Unnamed 60 Tropical Storm
8/2/1898 Unnamed 40 Tropical Storm
9/27/1898 Unnamed 40 Tropical Storm
10/11/1898 Unnamed 70 Tropical Storm
7/30/1899 Unnamed 45 Tropical Storm
6 These storm track statistics do not include tropical depressions or extratropical storms. Though these related hazard events are less severe in intensity, they
may indeed cause significant local impact in terms of rainfall and high winds.
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Date of Occurrence Storm Name Maximum Wind Speed
(MPH) Storm Category
8/10/1901 Unnamed 45 Tropical Storm*
9/11/1903 Unnamed 85 Category 1 Hurricane*
10/17/1904 Unnamed 80 Category 1 Hurricane
6/17/1906 Unnamed 85 Category 1 Hurricane
10/18/1906 Unnamed 120 Category 3 Hurricane
6/28/1909 Unnamed 50 Tropical Storm*
8/29/1909 Unnamed 50 Tropical Storm
10/11/1909 Unnamed 115 Category 3 Hurricane
10/18/1910 Unnamed 120 Category 3 Hurricane
11/15/1916 Unnamed 80 Category 1 Hurricane
10/20/1924 Unnamed 105 Category 2 Hurricane*
7/27/1926 Unnamed 110 Category 2 Hurricane
9/16/1926 Unnamed 40 Tropical Storm
9/18/1926 Unnamed 140 Category 4 Hurricane
10/21/1926 Unnamed 110 Category 2 Hurricane
8/8/1928 Unnamed 100 Category 2 Hurricane
8/13/1928 Unnamed 60 Tropical Storm
9/16/1928 Unnamed 150 Category 4 Hurricane
9/28/1929 Unnamed 110 Category 2 Hurricane
8/30/1932 Unnamed 65 Tropical Storm
7/30/1933 Unnamed 85 Category 1 Hurricane
9/4/1933 Unnamed 130 Category 4 Hurricane
10/5/1933 Unnamed 130 Category 4 Hurricane
5/27/1934 Unnamed 45 Tropical Storm
9/3/1935 Unnamed 160 Category 5 Hurricane
9/29/1935 Unnamed 115 Category 3 Hurricane
11/4/1935 Unnamed 75 Category 1 Hurricane
6/15/1936 Unnamed 45 Tropical Storm
7/29/1936 Unnamed 65 Tropical Storm
8/11/1939 Unnamed 80 Category 1 Hurricane
10/6/1941 Unnamed 120 Category 3 Hurricane
9/15/1945 Unnamed 140 Category 4 Hurricane*
11/1/1946 Unnamed 45 Tropical Storm
9/17/1947 Unnamed 160 Category 5 Hurricane*
10/12/1947 Unnamed 85 Category 1 Hurricane*
9/22/1948 Unnamed 120 Category 3 Hurricane*
10/5/1948 Unnamed 125 Category 3 Hurricane
8/27/1949 Unnamed 150 Category 4 Hurricane
10/18/1950 King 110 Category 2 Hurricane*
10/2/1951 How 70 Tropical Storm
2/3/1952 Unnamed 50 Tropical Storm*
8/29/1953 Unnamed 50 Tropical Storm*
10/5/1953 Unnamed 40 Tropical Storm
10/9/1953 Hazel 70 Tropical Storm
10/18/1959 Judith 50 Tropical Storm
9/10/1960 Donna 140 Category 4 Hurricane
8/27/1964 Cleo 105 Category 2 Hurricane*
10/14/1964 Isbell 125 Category 3 Hurricane*
9/8/1965 Betsy 125 Category 3 Hurricane
10/4/1966 Inez 85 Category 1 Hurricane
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Date of Occurrence Storm Name Maximum Wind Speed
(MPH) Storm Category
10/2/1969 Jenny 45 Tropical Storm
8/19/1976 Dottie 40 Tropical Storm*
9/3/1979 David 100 Category 2 Hurricane
8/18/1981 Dennis 40 Tropical Storm
9/27/1984 Isidore 60 Tropical Storm
7/24/1985 Bob 45 Tropical Storm
10/12/1987 Floyd 75 Category 1 Hurricane
10/16/1991 Fabian 45 Tropical Storm
8/24/1992 Andrew 160 Category 5 Hurricane
11/16/1994 Gordon 50 Tropical Storm
8/2/1995 Erin 85 Category 1 Hurricane
8/24/1995 Jerry 40 Tropical Storm
11/5/1998 Mitch 65 Tropical Storm
9/21/1999 Harvey 60 Tropical Storm*
10/15/1999 Irene 75 Category 1 Hurricane*
8/13/2004 Charley 145 Category 4 Hurricane
9/5/2004 Frances 110 Category 2 Hurricane
9/26/2004 Jeanne 120 Category 3 Hurricane
8/25/2005 Katrina 80 Category 1 Hurricane
10/24/2005 Wilma 105 Category 2 Hurricane
8/30/2006 Ernesto 70 Tropical Storm
8/20/2008 Fay 80 Tropical Storm
7/24/2008 Bonnie 45 Tropical Storm
8/2/2013 Dorian 39 Tropical Storm
09/09/2017 Irma 70 Tropical Storm
09/02/2018 Gordon 50 Tropical Storm
11/08/2020 Eta 56 Tropical Storm
09/27/2022 Ian 55 Tropical Storm
* Storm track traversed through Broward County.
Source: NOAA National Centers for Environmental Information, 2022
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Some of the more notable historical tropical cyclone events for Broward County are described
below:
October 18, 1906, Hurricane
A hurricane moved across the Florida Keys and passed over Miami on October 18 as a
Category 3 storm resulting in the loss of 134 lives.
September 18, 1926, Hurricane
The eye of the hurricane moved directly over Miami on the morning of September 18,
leaving approximately 100 dead. The storm continued northwestward across South
Florida and entered the Gulf of Mexico at Fort Myers. Northeast winds from the storm
raised Lake Okeechobee water levels above the low dike on the south end of the lake
near Moore Haven. Approximately 3 miles of dike failed, sending 10-to-12-foot floodwaters
into Moore Haven and at least 5-foot-deep floodwaters into Clewiston, 16 miles to the
southeast.
September 16, 1928, Hurricane [Okeechobee Hurricane]
A Category 4 hurricane made landfall near Palm Beach on September 16 with a central
pressure of 929 millibars. The center passed near Lake Okeechobee, causing the lake to
overflow its banks and inundate the surrounding area to a depth of 6 to 9 feet. An
estimated 1,836 people died in Florida, primarily due to the lake surge. Damage to
property was estimated at $25 million in Florida.
September 3, 1935 [Labor Day Hurricane]
This hurricane is one of the most severe hurricanes ever recorded in Florida. With winds
more than 200 miles per hour, the storm passed over the Florida Keys on September 2
with a minimum barometric pressure of 26.35 inches. Three relief-work camps, inhabited
by veterans of World War I, were destroyed. The American Red Cross estimates that 408
lives were lost.
September 3, 1979, Hurricane David
Hurricane David, a category 2 storm, made landfall north of Palm Beach and caused an
estimated $476 million in damages.
August 24, 1992, Hurricane Andrew
Hurricane Andrew made a memorable landfall in South Miami-Dade County, causing
estimated damages more than $26 billion in damages. Andrew produced approximately 7
inches of rain, sustained winds of 165 miles per hour, a maximum storm tide of 16 feet,
and a total of 96 deaths (including Louisiana). In all, Andrew destroyed 25,000 homes and
significantly damaged more than 100,000 others in South Florida. Two weeks after the
hurricane, the U.S. military deployed nearly 22,000 troops to aid in the recovery efforts,
the largest military rescue operation in U.S. history. When Hurricane Andrew hit southeast
Miami-Dade County, flying debris in the storm's winds knocked out most ground-based
wind measuring instruments, and widespread power outages caused electric-based
measuring equipment to fail. The winds were so strong many wind-measuring tools were
incapable of registering the maximum winds. Surviving wind observations and
measurements from aircraft reconnaissance, surface pressure, satellite analysis, radar,
and distribution of debris and structural failures were used to estimate the surface winds.
Although originally classified as a Category 4 storm, extensive post-impact research led
to the reclassification of Andrew as a Category 5 hurricane in 2002.
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Augusts 2, 1995 Hurricane Erin
Erin, a tropical storm in the central Bahamas, strengthened to minimal hurricane intensity,
before moving ashore near Vero Beach. Erin moved across central Florida as a tropical
storm then moved into the northeast Gulf of Mexico where it intensified to hurricane
strength before moving ashore a final time near Pensacola. In southeast Florida maximum
winds gusts were 37 knots at Miami Beach with the lowest pressure of 1000.9 millibars at
West Palm Beach International Airport. An unscientific study estimated that lost
productivity in Dade, Broward, and Palm Beach counties, caused by the approach of Erin,
amounted to $200 million.
November 5, 1998, Tropical Storm Mitch
Tropical Storm Mitch, once a powerful Category 5 storm, crossed South Florida at Monroe
and Palm Beach counties at tropical storm strength. The storm caused gusty winds,
severe thunderstorms, tornadoes, and beach erosion. Property damage was estimated at
$30 million.
September 13–22, 1999 Hurricane Floyd
Hurricane Floyd was an enormous Category 4 storm that skirted the southeast Florida
coast with minimal effects, mostly to marine interests. Most areas reported maximum
sustained winds of 25 to 30 miles per hour, which caused very minor damage, mainly to
trees and some utility lines. Rainfall amounts were unusually light with less than 1/2 inch
reported at all official stations in South Florida. The storm surge ranged from 3.3 feet
above normal in Palm Beach County to 1.5 feet above normal in Miami-Dade County,
causing mostly minor beach erosion. Other marine damage occurred to sea walls and
small boats. Floyd’s unpredictable path led to the largest peacetime evacuation in U.S.
history as over a million people sought refuge. Floyd did not make landfall in Florida, but
created flooding, beach erosion, and resulted in nearly $68 million in property damages.
October 15, 1999, Hurricane Irene
Hurricane Irene was a Category 1 storm as it made landfall in Monroe and Miami-Dade
counties, moving southwest to northeast. It moved northeast across central Miami-Dade
and Broward counties before exiting into the Atlantic on October 16 near Jupiter in
northeast Palm Beach County. The storm caused major flooding due to 9-18 inches of
rainfall, beach erosion, and minor wind damages. Heavy rains and sustained winds of
tropical storm force caused widespread flooding and power outages in the metropolitan
areas of Broward County. 4 tornadoes touched down in Broward and Palm Beach
counties, injuring 3 persons. Damage in southeast Florida, mainly from flooding is
estimated near $600 million which includes $335 million in agricultural losses. An
estimated 700,000 customers lost electricity. Flooding in a few residential areas lasted for
a week displacing several hundred persons and isolating thousands more. Other long-
term ecological repercussions may be experienced from the flooding rains such as the
effects of high water on Everglade's hammocks, and the effects of excessive fresh-water
runoff on estuaries.
September 5, 2004, Hurricane Frances
Hurricane Frances made landfall at Seawalls Point in Martin County as a Category 2
hurricane. Frances moved farther inland just north of Lake Okeechobee and weakened to
a tropical storm before crossing the entire Florida Peninsula and exiting into the Gulf of
Mexico just north of Tampa. The highest measured sustained wind at Fort Lauderdale-
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Hollywood International Airport was 41 miles per hour with a peak gust of 55 miles per
hour. The estimated storm surge ranged from 1-2 feet along the northeast Broward Coast.
2 vehicle-related deaths were reported in Broward County. Florida Power and Light (FPL)
reported power outages occurred to 423,000 customers in Broward. An estimated 7,000
persons sought refuge in public shelters in Broward County. Wind damage to house roofs,
mobile homes, trees, power lines, signs, screened enclosures, and outbuildings occurred
over much of southeast Florida, but was greatest in Palm Beach County. Preliminary
property damage in South Florida is estimated at $620 million, including $80 million in
Broward County.
September 26, 2004, Hurricane Jeanne
Hurricane Jeanne made landfall as a Category 3 hurricane near the south end of
Hutchinson Island, nearly coincident with the landfall point of Hurricane Frances only 3
weeks before. After landfall Jeanne initially moved along a track like Frances, just north of
Lake Okeechobee as it weakened to a tropical storm then it turned to the northwest and
moved over the northwest Florida. Although slightly smaller and stronger than Hurricane
Frances, winds and pressures over southeast Florida were remarkably like Frances. The
estimated storm surge ranged from 1-2 feet along the northeast Broward Coast. Property
damage from storm surge and winds at the coast occurred to condos, marinas, piers,
seawalls, bridges, and docks, as well as to boats and a few coastal roadways. Preliminary
property damage in southeast Florida is estimated at $330 million, including $50 million in
Broward. Florida Power and Light reported outages occurred to 165,900 customers in
Broward County.
August 25, 2005, Hurricane Katrina
Hurricane Katrina made landfall as a Category 1 hurricane along the southeast Florida
coast. The center of the 25-mile-wide eye of Katrina made landfall near the
Broward/Miami-Dade County border then moved toward the southwest across central and
southwest Miami-Dade County, passing directly over the National Weather Service (NWS)
Office in Sweetwater. Katrina weakened to a tropical storm before exiting the Florida
peninsula into the Gulf of Mexico then quickly regained hurricane strength (and would later
strike the Mississippi and Louisiana coast). Maximum sustained winds measured at the
NWS Automated Surface Observing System (ASOS) sites included 60 miles per hour at
Fort Lauderdale-Hollywood International Airport. The maximum ASOS-measured peak
wind gusts included 82 miles per hour at Fort Lauderdale-Hollywood International Airport,
and other unofficial peak wind gust measurements
included 92 miles per hour at Port Everglades. Mostly
minor beach erosion and isolated incidence of coastal
flooding were observed. Total damage in South
Florida was estimated at around $100 million. Wind
damage was mainly to vegetation, signs, and
watercraft. Winds and flooding combined caused an
estimated $423 million in losses to agriculture and
nurseries.
October 24, 2005, Hurricane Wilma
Hurricane Wilma made landfall as a Category 3 storm
on the southwest Florida coast between Everglades
City and Cape Romano in Collier County. Wilma
exhibited a very large 55- to 65-mile-wide eye while crossing the state, and the eye
Hurricane Wilma caused extensive damage
throughout Broward County.
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covered large portions of South Florida, including most of Broward County with maximum
sustained winds of 125 miles per hour and an estimated minimum central pressure of 950
millibars. The highest recorded gusts were in the 100-120 miles per hour range.
An interesting and revealing aspect of Wilma was the wind field in the eye wall. The winds
on the back (south/west) side of the eye wall were as strong, if not stronger, than those
on the front (north/east) side. This goes against the common, but sometimes erroneous,
belief that the strongest winds in a hurricane are always in the right-front quadrant of the
storm. This occurred over much of South Florida, and likely contributed to the heavier
damage across Broward and Palm Beach counties compared to slightly lesser damage
across much of Miami-Dade and Collier counties.
Wilma moved rapidly northeast across the state, with an average forward speed of 25
miles per hour, exiting the east coast over northeastern Palm Beach County near Palm
Beach Gardens on the morning of October 24th as a Category 2 hurricane with maximum
sustained winds of around 105 miles per hour. Damage was widespread, with large trees
and power lines down virtually everywhere. Structural damage was heaviest in Broward
and Palm Beach counties where roof damage and downed or split power poles were
noted. The hurricane particularly affected older structures in downtown Ft. Lauderdale like
the Broward County Courthouse, School Board Building, and other tall office buildings
constructed before the post-Hurricane Andrew-era of more stringent wind protection
standards. The glass façades of several downtown buildings, including the Templeton
Building, were sheared off. Hurricane Wilma caused $20.6 billion worth of damage in
Florida.
October 5, 2016, Hurricane Matthew
Hurricane Matthew was a powerful and devastating tropical cyclone which became the first
Category 5 Atlantic hurricane since 2007. The thirteenth named storm, fifth hurricane and
second major hurricane of the 2016 Atlantic hurricane season, Matthew wrought widespread
destruction and catastrophic loss of life during its journey across the Western Atlantic. A
total of 47 deaths have been attributed to the storm in Florida. Although Broward County did
not take a direct hit from Matthew, 8,980 Florida Power and Light customers lost power as
the storm passed to the east, and while damage was primarily confined to the coast,
Matthew caused widespread debris and flooding.
September 10, 2017, Hurricane Irma
Hurricane Irma was an extremely powerful Cape Verde hurricane that caused widespread
destruction across its path. Irma was the first Category 5 hurricane to strike the Leeward
Islands on record, followed by Maria two weeks later. It was the ninth named storm, fourth
hurricane, second major hurricane, and first Category 5 hurricane of the 2017 season.
Irma caused widespread and catastrophic damage, particularly in the Florida Keys, and
was the first major hurricane to make landfall in Florida at since Wilma in 2005. Irma made
landfall in Cudjoe Key at 1:00 PM on September 10 as a Category 4 with winds of 130
mph. After passing over land and reentering the Gulf of Mexico, it made another landfall
in Marco Island as a weakened Category 3. Once Irma had moved inland, it began to
accelerate to the north-northwest, while rapid weakening began to occur due to the
increasing wind shear, land interaction, and dry air, with the storm falling below Category 3
intensity hours after landfall. Passing east of Tampa as a weakening Category 1 hurricane
around 06:00 UTC on September 11, Irma continued to weaken as most of the deep
convection became more spread out towards the northern semi-circle of the circulation –
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though it retained a large wind field, with most of Florida experiencing gale-force winds.
Broward County experienced Category 1-2 wind conditions and wave inundation of
approximately 3 feet. Minor beach erosion occurred along the Broward County coastline.
In addition, Broward County had 21 fatalities, the most of any county in Florida. Among those
deaths were 12 people at a nursing home in Hollywood. The patients died from the heat
worsened by a lack of air conditioning.
October 10, 2018, Hurricane Michael
Hurricane Michael was a very powerful and destructive cyclone that became the first Category
5 hurricane to make landfall in the contiguous United States since Andrew in 1992. It was the
third most intense Atlantic hurricane to make landfall in the contiguous United States in terms
of pressure, behind the 1935 Labor Day hurricane and Hurricane Camille in 1969. Michael
was the thirteenth named storm, seventh hurricane, and second major hurricane of the 2018
Atlantic hurricane season. As it approached the Florida panhandle, it reached Category 5
status with peak winds of 161 mph and made landfall near Mexico Beach on October 10th.
August 28, 2019, Hurricane Dorian
Hurricane Dorian was an extremely powerful and catastrophic Category 5 Atlantic hurricane. It
was also one of the most powerful hurricanes recorded in the Atlantic Ocean, with its winds
peaking at 185 mph. Dorian was the fourth named storm, second hurricane, the first major
hurricane, and the first Category 5 hurricane of the 2019 Atlantic hurricane season. In
preparation for the storm, several states including Florida declared state of emergency. with
many coastal counties issuing mandatory evacuation orders. After striking the Bahamas and
weakening considerably, Dorian began moving northwestward on September 3, parallel to the
east coast of Broward County. Dwindling in strength, the hurricane turned to the northeast the
next day and made landfall on Cape Hatteras as a Category 2 on September 6.
September 14, 2020, Hurricane Sally
Hurricane Sally is remembered as a destructive and slow-moving Atlantic hurricane. It was
the eighteenth named storm and the seventh hurricane of the 2020 Atlantic hurricane season.
In South Florida including Broward County, heavy rain led to localized flash flooding. The area
between Mobile, Alabama and Pensacola-Gulf Breeze, Florida were impacted the most
severely with widespread wind damage, storm surge flooding, and over 30 inches of rainfall
within a 48-hour period.
September 23, 2022, Hurricane Ian
Hurricane Ian was the third-costliest weather disaster on record, and the deadliest hurricane
to strike Florida since the 1935 Labor Day hurricane. It was the ninth named storm, the fourth
hurricane, and the second major hurricane of the 2022 Atlantic hurricane season. Ian was the
strongest hurricane to strike Florida since Hurricane Michael in 2018. It became a high-
end Category 4 hurricane with sustained winds up to 155 mph early on September 28, while
progressing towards the west coast of Florida. Ian made landfall just below peak intensity in
southwest Florida on Cayo Costa Island. It was the 5th-strongest hurricane on record to make
landfall in the contiguous United States. Ian caused 149 deaths in Florida and caused
catastrophic damage with losses estimated to be $113 billion. Much of the damage was from
flooding brought about by a storm surge of 10–15 ft. The cities of Fort Myers, Cape Coral, and
Naples were particularly hard hit, leaving millions without power and numerous inhabitants
forced to climb to their roofs to escape the flood waters. Sanibel Island, Fort Myers Beach,
and Pine Island were decimated by the storm surge, which destroyed nearly all standing
structures and damaged both the Sanibel Causeway and the Matlacha Bride to Pine Island,
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entrapping those left on the islands for several days. Across South Florida, peak winders were
in the 45-70 mph range. A total of 13 reported tornadoes were spawned by Ian on Tuesday,
September 27th and early on Wednesday, September 28th as it was approaching the
Southwest Florida coast. The strongest was an EF-2 in the Delray Beach area of Palm Beach
County. In Broward County, Ian spawned at least two tornadoes, one of which damaged
several aircraft at North Perry Airport. Total rainfall amounts from 8 AM on September 26th to
8 AM on September 29th ranged from 4-10 inches across southern Florida. The highest rainfall
amounts occurred in the day or two leading up to Ian’s landfall. The highest amount was over
western metro Broward County, ranging from 8-10 inches.
November 10, 2022, Hurricane Nicole
After moving over Great Abaco and Grand Bahama islands, Hurricane Nicole turned to the
northwest as it approached Florida. It made landfall on at 3 AM on November 10th south of
Vero Beach as a Category 1 hurricane. Nicole’s large wind field produced tropical storm force
winds along the Southeast Florida Coast including Broward County. The highest sustained
winds ranged from 40-45 mph across the coastal sections of Broward County, with a peak
measured sustained wind of 43 mph at Dania Pier at 3:50 AM on November 9th. The highest
measured wind gust was 59 mph at Dania Pier at 10:15 PM on November 8th. Wind damage
was minor, and a total of 13,790 customers lost power across all of Broward County. Tidal
flooding and beach erosion occurred from Miami-Dade County north through the Palm
Beaches. Across Southeast Florida, total rainfall ranged from 3-5 inches.
Probability and Extent of Future Events
The probability of future tropical storm/hurricane events in Broward County is considered highly
likely. According to statistical data provided by the National Hurricane Center, the annual
probability of a hurricane and tropical storm affecting the area is between 48 and 54% per year.
This empirical probability is consistent with other scientific studies and observed historical data
made available through a variety of federal, state, and local sources. Additional data made
available through NOAA indicate that the return period for a Category 3 hurricane in Broward
County is between 9 and 15% per year. In the future Broward County could be expected to be
hit by tropical storms/hurricanes with wind speeds up to 160 mph and storm surge with storm tide
heights up to 9.5 feet and inundation depths up to 6.5 feet at Moffett Street/NE 14th Avenue in
Hallandale Beach [from the 2010 Florida Statewide Regional Evacuation Study Program Storm
Tide Atlas for Broward].
Figure 4.10 shows for any location what the chance is that a tropical storm or hurricane will affect
the area sometime during the Atlantic hurricane season. This illustration was created by the
National Oceanic and Atmospheric Administration’s Hurricane Research Division using data from
1944 to 1999 and counting hits when a storm or hurricane was within approximately 100 miles
(165 km) of each location.
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Figure 4.10: Empirical Probability of a Named Hurricane or Tropical Storm
Table 4.17 profiles the potential peak gust wind speeds in miles per hour (MPH) that could be
expected in Broward County during a hurricane event for various return periods.
Table 4.16: Average Expected Hurricane Wind Speeds (Peak Gust) by Jurisdiction
Jurisdiction
Wind Speed [MPH] vs. Return Periods [Year]
10 20 50 100 200 500 1000
Coconut Creek 85 103 120 131 140 152 161
Cooper City 85 103 121 132 142 154 162
Coral Springs 85 102 120 131 140 152 161
County Regional Facility 85 103 121 132 142 154 163
Dania Beach 85 104 122 132 143 155 164
Davie 85 103 121 132 142 154 162
Deerfield Beach 86 103 120 131 141 154 162
Fort Lauderdale 81 104 121 132 142 154 163
Hallandale Beach 86 104 122 133 143 156 165
Hillsboro Beach 87 104 122 133 142 155 164
Hollywood 85 104 122 133 143 155 164
Lauderdale-By-The-Sea 86 104 121 133 142 155 163
Source: National Oceanic and Atmospheric Administration, Hurricane Research Division
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Jurisdiction
Wind Speed [MPH] vs. Return Periods [Year]
10 20 50 100 200 500 1000
Lauderdale Lakes 85 103 121 131 141 154 162
Lauderhill 85 103 120 131 141 153 162
Lazy Lake 86 104 121 132 142 155 163
Lighthouse Point 86 104 121 132 142 155 164
Margate 85 103 120 131 140 153 161
Miramar 85 103 121 133 142 155 164
North Lauderdale 85 103 120 131 141 153 161
Oakland Park 85 103 121 132 142 154 162
Parkland 85 102 120 131 140 152 160
Pembroke Park 85 104 122 133 143 156 165
Pembroke Pines 85 103 121 132 142 155 163
Plantation 85 103 121 131 141 153 162
Pompano Beach 86 103 121 132 141 154 163
Sea Ranch Lakes 86 104 122 133 143 155 164
Seminole Tribe of Florida 85 103 121 132 142 154 163
Southwest Ranches 85 103 120 131 141 153 161
Sunrise 85 103 120 131 141 153 161
Tamarac 85 103 120 131 141 153 161
Broward Municipal Services
Districts 85 103 120 131 141 153 161
West Park 85 104 122 133 143 156 165
Weston 85 102 120 131 140 152 160
Wilton Manors 85 103 121 132 142 154 163
Source: Hazus-MH MR5 Scenario Based on Hurricane Wilma
Vulnerability Assessment
Two methods were utilized to estimate potential losses caused by tropical cyclones. Hazus-MH
was utilized to conduct a loss estimation analysis for hurricane wind, while a separate GIS-based
analysis was completed for storm surge inundation using NOAA’s SLOSH data in combination
with Broward County’s local tax assessor records. These analyses are more thoroughly described
earlier in this section under “risk assessment methods,” and the results are provided below. See
Appendix J for information on housing vulnerability to hurricane wind.
Hurricane Wind
Hazus-MH wind speed data, inventory and damage functions, and methodology were used to
determine the annual expected losses due to hurricane wind. Table 4.18 shows annualized
property losses and annualized percent loss ratios by jurisdiction.
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Table 4.17: Potential Annualized Losses by Jurisdiction (Hurricane Wind)
Jurisdiction Total
Exposure
Annualized
Losses For
Residential
Buildings at
Risk
Annualized
Losses For
Commercial
Buildings at
Risk
Total
Annualized
Expected
Property
Losses
Annualized
Percent
Loss Ratio
Coconut Creek $3,061,603,270 $20,077,953 $2,701,953 $22,779,906 0.85%
Cooper City $1,943,657,150 $14,283,112 $945,406 $15,228,518 0.85%
Coral Springs $8,134,798,700 $50,443,688 $58,811,868 $59,255,556 0.81%
Dania Beach $1,878,435,580 $11,253,369 $4,220,747 $15,474,116 1.02%
Davie $6,711,031,880 $53,307,442 $6,752,467 $60,059,909 1.05%
Deerfield Beach $5,161,599,440 $29,645,076 $5,872,001 $35,517,077 0.85%
Fort Lauderdale $22,130,694,710 $131,927,103 $37,961,493 $169,888,596 0.88%
Hallandale Beach $3,836,691,130 $38,926,804 $3,890,859 $42,817,663 1.16%
Hillsboro Beach $810,574,300 $9,378,275 $81,263 $9,459,538 1.17%
Hollywood $10,029,588,340 $65,836,859 $13,482,769 $79,319,628 0.91%
Lauderdale-By-The-Sea $1,739,928,950 $16,193,293 $806,623 $16,999,916 0.98%
Lauderdale Lakes $1,152,461,750 $7,078,126 $1,087,491 $8,165,617 0.85%
Lauderhill $2,492,601,430 $15,717,939 $1,905,096 $17,623,035 0.83%
Lazy Lake $4,107,550 $32,860 $0 $32,860 0.80%
Lighthouse Point $1,261,700,120 $10,140,074 $730,255 $10,870,329 0.87%
Margate $2,296,212,030 $12,990,439 $2,155,018 $15,145,457 0.74%
Miramar $7,475,638,380 $64,704,961 $6,742,450 $71,447,411 1.07%
North Lauderdale $1,260,435,790 $8,191,643 $872,629 $9,064,272 0.83%
Oakland Park $2,473,754,560 $12,110,730 $3,279,496 $15,390,226 0.79%
Parkland $2,682,321,260 $21,170,976 $426,482 $21,597,458 0.86%
Pembroke Park $404,154,300 $1,362,551 $513,828 $1,876,379 1.12%
Pembroke Pines $10,247,846,250 $83,973,781 $11,133,727 $95,107,508 1.00%
Plantation $6,803,128,100 $41,173,210 $9,405,538 $50,578,748 0.82%
Pompano Beach $8,981,181,420 $53,315,183 $7,475,290 $60,790,473 0.88%
Sea Ranch Lakes $110,763,020 $927,402 $113,770 $1,041,172 0.94%
Southwest Ranches $890,133,450 $7,821,244 $324,963 $8,146,207 1.11%
Sunrise $5,308,400,300 $24,191,394 $10,316,132 $34,507,526 0.80%
Tamarac $3,283,696,510 $20,394,375 $2,363,439 $22,757,814 0.76%
Broward Municipal Services Districts $1,106,396,610 $3,155,168 $1,911,498 $5,066,666 0.98%
West Park $331,537,990 $1,848,026 $364,252 $2,212,278 0.84%
Weston $6,490,572,820 $60,142,219 $5,392,299 $65,534,518 1.09%
Wilton Manors $941,493,080 $6,845,365 $940,569 $7,785,934 0.82%
TOTAL $131,437,140,170 $898,560,640 $152,981,671 $1,051,542,311 0.92%
Source: Broward County Property Appraiser and Hazus-MH MR2, FEMA’s National Risk Index, 2022
According to FEMA’s National Risk Index, the Expected Annual Loss from hurricanes in Broward
County is $9.9M, with a total exposure of $13T. While the Historic Loss Ratio is Very Low, Broward
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County’s Expected Annual Risk Score for hurricanes is Relatively High at 26.68. The Risk Index
Score for hurricanes is 28.91.
Future Risk Conditions Influencing Hurricane Wind Speeds
Climate change will have an impact on future hurricane wind speeds. While the impacts of sea
level rise are discussed in greater detail in a subsection dedicated to this subject in Chapter 4,
the following results of climate change and sea level rise, will impact storm surge levels in Broward
County.
In conclusion, the impacts of climate change will likely exacerbate the severity of future hurricane
events. One interesting factor from the 2011 SFWMD report is that, due to increased wind shear
over the Atlantic basin, that the number of tropical storms and hurricanes may decrease 6-34%.
Storm Surge
The level of exposure and potential loss estimates for storm surge were generated based on
inundation zones derived from the 2014 NOAA SLOSH data described earlier in this section (and
shown in Map 4.9) in combination with Broward County’s geo-referenced parcel data and tax
assessor records. To complete the analysis, every individual land parcel that is located wholly or
partially within a storm surge inundation zone for a Category 3 storm event was identified, by
jurisdiction. This analysis is intended for use as a general planning tool to provide reasonable
estimates of potential at-risk properties using best available geo-referenced data. It is important
to note that while using best readily available data, this GIS-based assessment does not consider
certain unknown site-specific factors that may mitigate future storm surge losses on a building-
by-building basis (such as elevation, surrounding topography, flood-proofing measures, structural
projects, etc.).
The objective of the GIS-based analysis is to calculate the total building value of all potentially at-
risk properties in Broward County, by jurisdiction. Annualized loss estimates were then calculated
based on the assumption of total building loss (worst case scenario) for those properties expected
to be inundated during a Category 3 storm event based on the NOAA SLOSH data. In so doing,
total exposed building value for each jurisdiction was multiplied by .09 (9% annual chance for
Category 3 hurricane based on NOAA probability data 7). The results of the GIS-based storm surge
analysis for Broward County are provided in Table 4.18.
Future Risk Conditions Influencing Storm Surge Levels
The impacts of climate change and the associated sea level rise will have considerable impact on
future storm surge levels. While the impacts of sea level rise are discussed in greater detail in a
subsection dedicated to this subject later in Chapter 4, the following results of climate change and
sea level rise, as documented by the 2011 SFWMD report, will impact storm surge levels in
Broward County:
7 While NOAA probability data indicate the annual percent chance of a Category 3 event in Broward County is between 9 and 15%, the lower figure of 9% was
utilized based on the lower likelihood of all conditions (storm direction and speed, tidal cycle, etc,) necessary for what would be considered a maximum “worst
case” storm surge event.
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• Inundation of coastal properties by higher sea level and reduced effectiveness of existing
storm surge barriers in Broward County
• Higher storm surge levels
In conclusion, the impacts of climate change, global warming, and sea level rise will likely
exacerbate the severity of future storm surge events. Thus, this hazard is considered highly likely
to occur. Additional factors that could mitigate storm surge include the construction of additional
structures on the canal system closer to the Atlantic Ocean that would block even more inland
storm surge penetration via the canals. One interesting factor from the 2011 SFWMD report is
that, due to increased wind shear over the Atlantic basin, that the number of tropical storms and
hurricanes may decrease 6-34%. For more information about climate change, refer to the “Sea
Level Rise/Climate Change” part in this section (starting p.138) and the Economic Hot Spot
Profiles of Chapter 5.
Table 4.18: Total Building Value of At-Risk Properties by Jurisdiction (Based upon
a Category 3 Storm Surge)
Jurisdiction Number of At-Risk
Properties
Total Building
Value Annualized Loss Estimate
Coconut Creek 0 $0.00 $0.00
Cooper City 0 $0.00 $0.00
Coral Springs 0 $0.00 $0.00
Dania Beach 984 $709,977,650.00 $63,897,988.50
Davie 246 $982,643,980.00 $88,437,958.20
Deerfield Beach 648 $251,459,500.00 $22,631,355.00
Fort Lauderdale 9900 $10,535,176,680.00 $948,165,901.20
Hallandale Beach 1080 $714,584,710.00 $64,312,623.90
Hillsboro Beach 75 $239,122,050.00 $21,520,984.50
Hollywood 3018 $2,262,823,000.00 $203,654,070.00
Lauderdale-By-The-Sea 620 $287,203,020.00 $25,848,271.80
Lauderdale Lakes 1 $13,711,430.00 $1,234,028.70
Lauderhill 9 $26,876,130.00 $2,418,851.70
Lazy Lake 0 $0.00 $0.00
Lighthouse Point 1870 $1,119,906,350.00 $100,791,571.50
Margate 0 $0.00 $0.00
Miramar 0 $0.00 $0.00
North Lauderdale 0 $0.00 $0.00
Oakland Park 996 $393,705,300.00 $35,433,477.00
Parkland 0 $0.00 $0.00
Pembroke Park 13 $41,521,890.00 $3,736,970.10
Pembroke Pines 0 $0.00 $0.00
Plantation 26 $49,479,510.00 $4,453,155.90
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Jurisdiction Number of At-Risk
Properties
Total Building
Value Annualized Loss Estimate
Pompano Beach 4040 $1,511,731,930.00 $136,055,873.70
Sea Ranch Lakes 90 $88,171,610.00 $7,935,444.90
Southwest Ranches 0 $0.00 $0.00
Sunrise 0 $0.00 $0.00
Tamarac 6 $554,410.00 $49,896.90
Broward Municipal Services
Districts 31 $1,286,029,070.00 $115,742,616.30
West Park 0 $0.00 $0.00
Weston 0 $0.00 $0.00
Wilton Manors 1300 $514,007,610.00 $46,260,684.90
TOTAL 24953 $21,028,685,830.00 $1,892,581,724.70
Sources: Broward County Property Appraiser GIS; July 2017 Download of NOAA SLOSH Model Data
Hydrologic Hazards
For the purposes of this vulnerability assessment hydrologic hazards are defined as events or
incidents associated with water related damage. Hydrologic hazards account for over 75% of
Federal disaster declarations in the United States, with annual costs averaging billions of dollars.
Hydrologic hazards included in this section are coastal erosion, drought, flood, and rip current.
Coastal Erosion
Background
Coastal erosion is measured as the rate of change in the position of the shoreline or a reduction
in the volume of sand along a shoreline over a period. The root cause of beach erosion is a deficit
of sand in the littoral system (region between the limits of high and low tides), caused by
development on or adjacent to beaches, removal of dunes, damming of rivers, and/or blockage
of the alongshore movement of sand by groins, jetties, or stabilized inlets. Significant short-term
fluctuations of shoreline position and sand volume can result from storms-driven waves, but
chronic erosion is an effect of a shortage of sand combined with storms and disruption of sand
movement. Natural recovery from erosion can take months or years, and in a sand-starved beach
system, may never occur. If a beach and dune system does not recover naturally, coastal and
upland property may be exposed to further damage in subsequent storm events. Death and injury
are not often associated with coastal erosion; however, it can cause the destruction of buildings
and infrastructure.
Most Broward County beaches are subject to periodic beach renourishment, which is the
mechanical infusion of sand from sources relatively remote from the beach. Historically, the
County’s beach renourishment program is a partnership of local government, the State of Florida,
and the Federal Government through the US Army Corps of Engineers. Since 1970, nearly 11
million cubic yards of sand has been placed on approximately 12 of the County’s 24 miles of
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beach in 10 partnered projects. Broward County’s shoreline is fully developed, with little of the
original dune systems intact. The County strives to maintain a berm (beach) width of
approximately 50-100 feet, which provides the minimally adequate level of both recreational
beach space and storm wave protection for upland development. The beach is subject to 2 types
of weather hazards: northeasterly low-pressure systems (nor’easters) and tropical systems. The
Florida Department of Environmental Protection has estimated that 21.3 of the 24 miles of
Broward County’s beaches are critically eroded.8 Three critical erosion areas (21.3 miles) are
specifically identified.
1. Segment I: The south end of Deerfield Beach and the entire Town of Hillsboro Beach
along northern Broward County is a 3.2 mile long critically eroded area (R6-R23). Private
development is vulnerable throughout this area. Some seawalls exist in Hillsboro Beach
and a boulder mound groin field exists along the Deerfield Beach shoreline. In 2011, the
cities of Hillsboro Beach and Deerfield Beach completed a beach renourishment project
for the southern 500 feet of Deerfield Beach and the northern 5,750 feet for Hillsboro
Beach. The “Hillsboro-Deerfield Beach Renourishment Project” placed 340,000 cubic
yards of sand on these beaches.9
2. Segment II: South of Hillsboro Inlet and extending for 10 miles along Pompano Beach,
Sea Ranch Lakes, Lauderdale-By-The-Sea, and Ft. Lauderdale is a continuous critically
eroded area (R25-R77) that threatens development and recreational interests including
State Road A1A. A beach restoration project has been constructed at Pompano Beach
and Lauderdale-By-The-Sea, and inlet sand transfer is ongoing at Hillsboro Inlet.
Numerous bulkheads and retaining walls also exist along this stretch of coast.
3. The Segment II Renourishment Project was completed in 2016. Approximately 750,000
cubic yards sand was delivered between Hillsboro Inlet and Broward County’s Port
Everglades with sand placement along 4.9 miles of shoreline. The renourishment focused
on Lauderdale-by-the-Sea, Pompano Beach, and Fort Lauderdale beaches to restore the
beaches and increase protection to shoreline, upland development from potential storms.
4. Segment III: Along the southern beaches of Broward County starting just south of the
entrance to Port Everglades are critically eroded areas (R86-R128) that threaten
recreational interests at John U. Lloyd State Park and development and recreational
interests along the communities of Dania Beach, Hollywood, and Hallandale Beach.
“Segment III of the Broward County Beach Erosion Control Project”, which was completed
in 2006 with sand placement along 6.2 miles of beaches from the Broward County line in
Hallandale Beach to the John Lloyd State Park. The project also included the cities of
.
9 www.townofhillsborobeach.com
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Hollywood and Dania Beach and involved the placement of 1.7 million cubic yards of
sand.10
5. Segment II and Segment III reaches were approved for restoration by the U.S. Army Corps
of Engineers as Flood Control & Coastal Emergency FCCE projects following the impacts
of Hurricane Irma in 2017. Restoration of Segment II was completed Spring 2022 with
placement of approximately 394,400 cubic yards of sand material. Restoration of Segment
III commenced in 2021 with completion anticipated in 2024. This project includes
approximately 884,000 cubic yards of sand placement along Segment III coastline.
Historical Occurrences
According to the National Climatic Data Center, there were 11 major climatological incidents that
resulted in beach erosion in eighteen years, between 1998 and 2016. Broward County’s beaches
are more susceptible to erosion during nor’easter storm season and hurricane season, which run
from October 1 to March 31 and June 1 to November 30, respectively. Most of the historical
occurrences of tropical systems have been in September or November, with nor’easters common
during the period November through March.
Some of the more notable historical events are described below:
November 1998 Tropical Storm Mitch
Tropical Storm Mitch, once a powerful Category 5 storm, crossed South Florida at Monroe
and Palm Beach counties at tropical storm strength. The storm caused gusty winds,
severe thunderstorms, tornadoes, and beach erosion.
September 13–22, 1999 Hurricane Floyd
Hurricane Floyd was an enormous Category 4 storm that skirted the southeast Florida
coast with minimal effects, mostly to marine interests. The storm surge ranged from 3.3
feet above normal in Palm Beach County to 1.5 feet above normal in Miami-Dade County,
causing mostly coastal flooding and minor beach erosion.
November 2001 Coastal Flooding resulting from Hurricane Michelle
Nearly a week of moderate to strong onshore winds, culminating with the approach of
Hurricane Michelle, produced coastal flooding from Hollywood Beach to Hallandale
Beach. Beach erosion in Broward, Palm Beach, and Miami-Dade counties during the
entire event was moderate to locally severe. Costs for remediation of beach erosion from
the event were estimated at over $10 million, and property damage was estimated at
$20,000.
September 5, 2004, Hurricane Frances
Hurricane Frances made landfall at Sewall’s Point in Martin County as a Category 2
hurricane. Frances moved farther inland just north of Lake Okeechobee and weakened to
a tropical storm before crossing the entire Florida Peninsula and exiting into the Gulf of
Mexico just north of Tampa. The estimated storm surge ranged from 1-2 feet along the
northeast Broward Coast, resulting in beach erosion.
10 www.broward.org/beachrenourishment
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September 26, 2004, Hurricane Jeanne
Hurricane Jeanne made landfall as a Category 3 hurricane near the south end of
Hutchinson Island, nearly coincident with the landfall point of Hurricane Frances nearly
three weeks before. The estimated storm surge ranged from 1-2 feet along the northeast
Broward Coast, resulting in beach erosion.
2004 Nor’easter
Nor’easter caused beach erosion in Broward County.
August 25, 2005, Hurricane Katrina
Hurricane Katrina made landfall as a Category 1 hurricane along the southeast Florida
coast. Mostly minor beach erosion and isolated incidence of coastal flooding were
observed.
October 24, 2005, Hurricane Wilma
Hurricane Wilma made landfall as a Category 3 hurricane on the southwest Florida coast,
traversing west to east and covering most of Broward County. Minor to moderate beach
erosion occurred along the Broward County coastline.
October 28, 2012, Hurricane Sandy
Hurricane Sandy passed by South Florida as a Category 1 hurricane, through the Bahama
islands. Although Sandy did not make landfall in Florida, the storm caused great tidal
swells along the coastline of Broward County. These swells caused beach erosion and
large-scale flooding along A1A highway, causing A1A’s collapse and subsequent
restoration project.
September 10, 2017, Hurricane Irma
Hurricane Irma made landfall made landfall as a Category 4 hurricane at the Florida Keys,
moving north on the west coast of Florida. Broward County experienced Category 1/2 wind
conditions and wave inundation of approximately 3 feet. Minor beach erosion occurred
along the Broward County coastline.
Probability and Extent of Future Occurrences
The probability of future erosion along the Broward County coastline is considered “highly likely”
due to a chronic scarcity of sand in the littoral system. Beaches in Hallandale Beach, Hollywood,
Dania Beach, Lauderdale-By-The-Sea, and Pompano Beach have historically participated in
federal, state, and locally cost-shared beach nourishment programs, and other beaches, such as
Deerfield Beach and the Town of Hillsboro Beach, have conducted small-scale beach fill projects
using municipal, state, and federal funds. In the future, Broward County could be expected to
engage in more frequent, smaller scale beach re-nourishment projects approximately every 4-5
years, anticipating the need for more frequent beach supplement than provided by the typical
design life of historic projects. Additionally, the potential in future construction of a sand bypass
system at Port Everglades inlet will promote the natural transport of sand along the County’s
shoreline. Rates of erosion vary greatly amongst different parts of the Broward coastline and
would be impossible to summarize.
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Future Risk Conditions Influencing Coastal Erosion Rates
The impacts of climate change and the attendant sea level rise will have a significant impact on
future coastal erosion rates due to the following likely factors of future sea levels and coastal
storms:
• Inundation of coastal properties by higher sea level and likely overtopping and submersion
of existing coastal erosion control structures
• Higher storm surge levels
Vulnerability Analysis
Most of Broward County’s 24 miles of coastline are vulnerable to erosion. There are 3 specific
areas in Broward County that are critically eroded: 1) the south end of Deerfield Beach and the
entire Town of Hillsboro Beach, 2) the area south of Hillsboro Inlet and extending for 10 miles
along Pompano Beach, Sea Ranch Lakes, Lauderdale-By-The-Sea, and Ft. Lauderdale, and 3)
the area along the southern 8.1 miles of Broward County south of Port Everglades.
Many Broward County beaches are actively eroding, while others are relatively stable but of
inadequate dimensions to provide storm protection and recreational beach space. Factors which
contribute to the vulnerable condition of the County’s beaches include the unmitigated erosive
influence of stabilized inlets, encroaching development, storms, and removal of historic dunes.
To address this vulnerability, Broward County has been engaged in shore protection and beach
nourishment efforts since the early 1960's. These projects, mostly funded by a partnership of
federal, state, and local government agencies, have performed as designed, in most cases
exceeding their design life of 10 to 12 years. The current Broward County Beach Management
Program is a comprehensive plan to replace beach sand where it is needed, to stabilize with
structures the most erosive stretch of beach, and, by means of inlet sand bypassing, to “feed”
those beaches which are sand starved because of the presence of stabilized inlets. Restoring the
historical southward migration of sand, in combination with the other elements of the program,
will reduce the extent and frequency of beach nourishment projects and provide a nearly
sustainable beach many miles downstream, especially in the Broward communities of Dania
Beach, Hollywood, and Hallandale Beach.
Prior studies conducted for predecessors of the County’s Natural Resource Division have
identified the economic rationale for engaging in shore protection and beach nourishment
activities. There are also environmental benefits as the beaches are also a primary nesting ground
for threatened and endangered sea turtles and are an important habitat for several plant and
animal species. Economically, according to prior studies, beaches are critical to Broward County
considering the following factors:
• Broward’s beaches attract 7.2 million visitors a year, who spend $422 million annually in
Broward County.
• Broward’s beaches contribute $548 million annually to Broward County’s economy,
including the creation and sustenance of 17,700 full-time equivalent jobs in the County.
• Broward’s beaches add $1.4 billion to County property values.
• As a result of the beaches, local government tax revenues are increased by $29 million
annually, of which the largest beneficiary is the Broward School District, which collects
about $10 million annually because of the beaches.
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• Broward’s beaches result in an $803 million annual input to southeast Florida regional
economy and create 26,000 jobs in the region.
• Out-of-State visitors to Broward’s beaches have a $598 million annual impact on the
economy of the State of Florida, create 19,000 jobs in the state, and produce $19 million
in annual state tax revenues.
• More than 60% of overnight tourists said that they would not have come to Broward County
if there were no beaches, and a further 14.3% said they would come less frequently.
• Broward’s beaches protect over $4 billion in upland property, structures, and
infrastructure.
• In Florida, beaches protect $150 billion in shorefront structures and infrastructure.
• Florida’s beaches alone result in an annual increase of about a half billion dollars annually
in Federal income tax revenues.
• Florida’s beaches attract 2 million international tourists, who spend about $1.1 billion
annually in the state.
Drought
The likelihood that Broward County will experience a severe Drought is determined by the
climatological conditions that are present. Due to the hazard of heat impact and an absence of
rainfall, Broward could experience a severe Drought event. However, the four South Florida
counties, in partnership with the South Florida Water Management District, have contingency
plans to meet this challenge should it occur.
Background
Drought is a natural climatic condition caused by an extended period of limited rainfall beyond
that which occurs naturally in a broad geographic area. High temperatures, high winds, and low
humidity can worsen drought conditions, and can make areas more susceptible to wildfire. Human
demands and actions can also hasten drought-related impacts.
Droughts are frequently classified as one of following 4 types: meteorological, agricultural,
hydrological, or socio-economic. Meteorological droughts are typically defined by the level of
“dryness” when compared to an average, or normal amount of precipitation over a given period.
Agricultural droughts relate common characteristics of drought to their specific agricultural-related
impacts. Hydrological drought is directly related to the effect of precipitation shortfalls on surface
and groundwater supplies. Human factors, particularly changes in land use, can alter the
hydrologic characteristics of a basin. Socio-economic drought is the result of water shortages that
limit the ability to supply water-dependent products in the marketplace.
Figure 4.11 shows the Palmer Drought Severity Index (PDSI) Summary Map for the United States
from 1895 to 1995. PDSI drought classifications are based on observed drought conditions and
range from -0.5 (incipient dry spell) to -4.0 (extreme drought). As can be seen, the Eastern United
States has historically not seen as many significant long-term droughts as the Central and
Western regions of the country.
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Figure 4.11: Palmer Drought Severity Index Summary Map for the United States
Drought typically impacts a large area that cannot be confined to any geographic boundaries;
however, some regions of the United States are more susceptible to drought conditions than
others. According to the 2017 Palmer Drought Severity Index (PDSI) Summary Map for the United
States, South Florida is in a zone less than or equal to -2.9 (-2.9 indicating moderate drought
conditions) meaning that moderate drought conditions are a relatively low to moderate risk for
Broward County.
Drought conditions typically do not cause significant damage to the built environment, but rather
drought effects are most directly felt by agricultural sectors. At times, drought may also cause
community-wide impacts because of acute water shortages (regulatory use restrictions, drinking
water supply, and saltwater intrusion).
There are a few agricultural areas in the county that have greater exposure to drought. According
to the Broward County Property Appraiser data, the areas with the most agricultural land use were
the municipalities of Parkland, Coconut Creek, and Southwest Ranches, as well as south of
Weston and west of Cooper City. According to the Florida Department of Agriculture, there are
Source: National Climatic Data Center, NOAA
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2,507 open acres and over 2.7 million greenhouse acres used for horticulture purposes. In urban
Broward County, horticulture dominates the commercial agricultural production. Nursery
production, landscape installation, landscape maintenance, and arboriculture account for over
$200 million in annual sales. Hundreds of firms employ thousands of individuals.11
Water shortages during times of drought (and the degree of regulatory use restrictions) can have
a potentially significant impact throughout Broward County and possibly higher economic costs
for water supply. As a secondary effect, drought events increase the threat of wildfire in South
Florida (and particularly the Everglades) which can also cause serious consequences, including
the destruction of property.
Historical Occurrences
South Florida relies on its summer rains for its year-round water demands. According to the State
of Florida Mitigation Plan, there have been 10 drought cycles in Florida (typically 2-year periods)
since the year 1900. In Central and South Florida, severe droughts were reported in 1932, 1955–
1957, 1961–1963, 1971–1972, 1973–1974, 1980–1982, 1985, 1988–1989, 1990, 2000–2001,
2006–2007, 2008-2009, and 2010-2011. According to the National Drought Mitigation Center,
from January 1, 1850, to September 19, 2007, there were 134 reported drought impacts for
Broward County. There were 17 agricultural, 34 fire, 32 water/energy, 18 social, and 21 other
specific drought impacts. However, according to FEMA’s National Risk Index, the Risk Index for
Drought in Broward County as of 2022 is designated Relatively Low with a score of 7.99. Also,
according to the Index, the Expected Annual Loss Score for drought is 7.04.
Throughout a drought cycle in South Florida in 2000-
2001 rainfall amounts fell 30% below normal. During this
time, Lake Okeechobee (Florida’s largest source of
fresh drinking water) set daily record-breaking lows.
Similarly, groundwater levels declined and there were
periods when below-average levels were reached
across the region. In September 2000, the water
shortage was becoming a threat to agricultural,
environmental, and utilities’ needs. In these times of
drought, the use of well water for crop irrigation lowers
the water table, which exposes the water table to
saltwater intrusion and a serious compromise of
drinking water supplies. Based on their concerns and on
the precipitation forecast, the South Florida Water
Management District (SFWMD) activated their
Emergency Operations Center (EOC) to respond to the emergency situations more effectively. It
operated approximately 12 hours a day and remained activated until July 2001.
During 2006 to 2007 Broward County experienced extreme drought conditions. According to the
Florida Department of Agriculture, drought caused $100 million in crop damage and economic
losses to Florida during this period, and the figure could rise tenfold over the next 2 years. On
August 1, 2007, the lake level of Lake Okeechobee was 9.20 feet above sea level. This was the
11 Broward County Extension.
The severity of the 2000-2001 drought in
South Florida is highlighted in this static map
of the Keetch-Byram Drought Index (April 24,
2001).
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lowest level ever recorded during most of the 41 years between 1965 and 2005. Water levels
were so low that chloride levels have been a concern in sentinel monitoring wells near well-fields
in Hallandale Beach and Dania Beach.
The five-month period from November 2008 to April 2009 was the second driest on record for
most South Florida locations. The driest winter on record over many locations in southeast Florida
led to the onset of severe drought (D2) conditions. The level of Lake Okeechobee fell from 12.2
feet at the beginning of the month to 11.1 feet by the end of the month, which was 2.5 feet below
normal levels. Normal conditions began to resume with the onset of the rainy season by the end
of May 2009.
Continued dry weather from January-April 2011, coupled with long-term dryness going back to
the previous summer, led to the expansion of severe drought conditions over South Florida. The
period of October 2010 to February 2011 was the driest on record in the 80-year history of the
SFWMD's records. This led to the continuation of extreme drought conditions (D3) over the
eastern half of the peninsula. Underground water levels were in the lowest 10% of normal levels
along the east coast and 10 to 30% of normal over interior and west coast areas. The level of
Lake Okeechobee fell from 12.15 at the beginning of the month to 11.66 by the end of the month.
This was about 2.5 feet below normal for April.
Probability and Extent of Future Events
The probability of future drought events in Broward
County and South Florida is considered likely although
such occurrences are typically not classified as severe in
comparison to other regions. The effects, if any, of
drought events on Broward County will depend on the
severity and duration of drought conditions, water
shortages, and the degree of regulatory water use
restrictions. For a drought forecast for a future year,
check the National Climatic Data Center website. Based
on historical records, Broward County, in the future could
be expected to be impacted by a drought ranging from
severe to extreme every 10 years. As noted in the Climate Change section, the pattern of drought
may change in the future. Any new historical trends should be addressed in future updates.
Future Risk Conditions Influencing Drought
The impacts of climate change, specifically the warming of the planet, will likely exacerbate the
length and intensity of drought periods. Fluctuations between periods of greater than average and
lesser than average rainfall are expected. Therefore, drought will continue to be a factor in the
future and climate change will likely exacerbate cyclical drought conditions. The main impact for
the County will be minimizing impacts to the public water supply and natural resources.
Vulnerability Assessment
To analyze the risk of the Broward County area to drought and estimate potential losses, 100
years of statistical data from the University of Nebraska was used (this data was developed by
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the University based on Palmer Drought and Crop Severity Indices) as well as 2002 USDA
agriculture data. A drought event frequency-impact was then developed to determine a drought
impact profile on non-irrigated agriculture products and estimate potential losses due to drought
in the area. Table 4.20 shows annualized expected exposure to drought for Broward County.
Table 4.19: Annualized Expected Agricultural Product Market Value Exposed to Drought
County Total Agricultural Products
Exposure (2007 Dollars) Annualized Loss % Loss Ratio
Broward $85,288.00 Negligible 0.00%
*Negligible is less than $5,000
Source: 2022 FEMA National Risk Index
Note: Total includes all incorporated jurisdictions within the County
Flood
Background
Flooding is the most frequent and costly natural hazard in the United States, a hazard that has
caused more than 10,000 deaths since 1900. Nearly 90% of presidential disaster declarations
result from natural events where flooding was a major component.
Floods are generally the result of excessive precipitation and can be classified under two
categories: general floods, precipitation over a given river basin for a long period of time along
with storm-induced wave or tidal action, and flash floods, the product of heavy localized
precipitation in a short time over a given location. The severity of a flooding event is typically
determined by a combination of several major factors including stream and river basin topography
and physiography; precipitation and weather patterns; recent soil moisture conditions; and the
degree of vegetative clearing and impervious surface.
Generally, inland floods in South Florida may last for several days due to a relative lack of
topography to drain flood waters, heavy urbanization, and impacts of tides on outfall toward the
Atlantic Ocean. The primary types of general flooding include riverine, coastal, and urban flooding.
Riverine flooding is a function of excessive precipitation levels and water runoff volumes within
the watershed of a stream or river. Coastal flooding 12 is typically a result of storm surge, wind-
driven waves, and heavy rainfall produced by hurricanes, tropical storms, and other large coastal
storms. Urban flooding occurs where manmade development has obstructed the natural flow of
water and decreased the ability of natural groundcover to absorb and retain surface water runoff.
Most flash flooding is caused by slow-moving thunderstorms in a local area or by heavy rains
associated with hurricanes and tropical storms. However, flash flooding events may also occur
12 While briefly mentioned here, coastal flooding is more thoroughly addressed under the “Tropical Cyclone” hazard.
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from a dam or levee failure within minutes or hours of heavy amounts of rainfall, or from a sudden
release of water held by a retention basin or other stormwater control facility. Although flash
flooding occurs most often along mountain streams, it is also common in urbanized areas where
much of the ground is covered by impervious surfaces.
The periodic flooding of lands adjacent to rivers, streams, and shorelines (land known as
floodplain) is a natural and inevitable occurrence that can be expected to take place based upon
established recurrence intervals. The recurrence interval of a flood is defined as the average time
interval, in years, expected between a flood event of a particular magnitude and an equal or larger
flood. Flood magnitude increases with increasing recurrence interval.
Floodplains are designated by the frequency of the flood that is large enough to cover them. For
example, the 10-year floodplain will be covered by the 10-year flood and the 100-year floodplain
by the 100-year flood. Flood frequencies such as the 100-year flood are determined by plotting a
graph of the size of all known floods for an area and determining how often floods of a particular
size occur. Another way of expressing the flood frequency is the chance of occurrence each year,
which is the percentage of the probability of flooding each year. For example, the 100-year flood
has a 1% chance of occurring in any given year. The 500-year flood has a 0.2% chance of
occurring in any given year.
Location and Spatial Extent
Much of Broward County is susceptible to localized flooding, particularly during the rainy season
of June through October. The county is surrounded by and interspersed with man-made canals,
storm water management lakes, freshwater ponds, rivers such as the Middle and the New Rivers,
the Everglades, the Atlantic Ocean, and the Intracoastal Waterway. There are 7 primary canals
and numerous secondary and tertiary canals that provide flood control and water supply
protection for the area's enormous growth and development. Stormwater management ponds are
also used for flood protection as well as stormwater treatment and are created by removing rock
to build up the surrounding land for homes. The western portion of Broward County has
undergone significant development over the last 25 to 30 years which has resulted in the filling of
wetlands to accommodate new housing developments.
Broward County lies close to sea level (with elevation ranging from 5 to 25 feet) and is relatively
flat, which often results in extensive “ponding” due to the lack of elevation gradients to facilitate
adequate stormwater runoff. Further, its water supply lies just below the surface of the ground.
Major rainfall events sometimes leave rainwater nowhere to drain, causing flooding near rivers
and canals as well as in urban areas due to poor percolation rates and the low elevations
(particularly in western parts of the county). Coastal flooding along the county’s immediate
shoreline is typically associated with tidal surge caused by landfalling tropical storms and
hurricane events (note: storm surge is addressed under “Tropical Cyclone”).
The severity of flooding is directly related to the amount and duration of the rainfall event. The
areas affected by flooding in Broward County could increase. For the barrier island communities,
should a significant rainfall event occur at the same time as high-tide, on-shore winds, or a
combination of both, the severity could be devastating. Flooding of up to 4 feet could be expected
in some areas. Broward County could easily be caught “off-guard” and people living in flood-prone
areas would be at an increased risk to property damage and life safety.
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Based upon a Category 5 hurricane event, Broward County could see storm surges of over 6 feet
above normal tide levels, resulting in significant to severe flooding the barrier islands. This could
inundate the barrier islands with 4 to 6 feet of water and sand. The storm tide would also penetrate
inland for several miles, reaching Federal Highway with expected flooding of 1 to 2 feet, including
downtown Fort Lauderdale.
Map 4.12 illustrates the location and extent of currently mapped special flood hazard areas for
Broward County based on FEMA digital Q3 flood data which became effective in 2014. This
includes Zones A/AE (100-year floodplain), Zone VE (100-year coastal flood zones, associated
with wave action), Zone AH (areas subject to shallow flooding) and Zone X500 (500-year
floodplain which is also known as the shaded X zone). It is important to note that flooding and
flood-related losses do occur outside of delineated special flood hazard areas, and according to
Broward County officials, there are known inaccuracies with the currently mapped, FEMA-
identified flood hazard zones. Broward County is currently coordinating with FEMA on map
modernization and undergoing limited re-studies for some flood zones which will assist in
correcting some of these data accuracy deficiencies. FEMA recently completed additional
modeling analyses in some parts of Broward County, including South and Southeast parts, to
update the existing FIRM and Flood Hazard areas maps. These updated FEMA maps are
expected to become official in late 2022 or early 2023.
Historical Occurrences
According to the National Climatic Data Center, there have been 114 reported flood events (three
event types - Coastal flood, flash flood and flood) in Broward County from January 1, 1990,
through August 30, 2022. According to the data, there were no deaths or injuries associated with
these flooding events, but there was nearly $62 million in property damage and $25 million in crop
damages in Broward County; this estimate does not include the reported losses under hurricanes,
tropical storms and storm surge categories that is estimated to be at $221 million for Broward
County. Some of the more notable events are described below:
June 1998 – Flash Flood
Excessive rains caused localized heavy flooding from Boca Raton to Miami Beach. The
greatest official 24-hour rainfall was 13.75 inches at Pompano Beach with over 7 inches
reported at Boca Raton and Miami Shores. Numerous streets were flooded, and several
vehicles became submerged in parking lots with their occupants having to be rescued. 3
Broward mobile homes had to be evacuated, several roofs collapsed, and numerous
dwellings had flood waters inside. Property damage was estimated at $1 million.
October 1999 – Flash Flood resulting from Hurricane Irene
After crossing Florida Bay, the center of Irene made landfall on the peninsula near Cape
Sable on October 15 as a Category 1 hurricane. It moved northeast across central Miami-
Dade and Broward counties before exiting into the Atlantic on October 16 near Jupiter in
northeast Palm Beach County. Heavy rains and sustained winds of tropical storm force
caused widespread flooding and power outages in the metropolitan areas of Miami-Dade,
Broward, and Palm Beach counties. Within a 24-hour period, rainfall totals in southeast
Florida ranged from 6 to 17 inches with many areas getting 10 to 15 inches. Cooper City
had over 15 inches of water, West Pembroke Pines had over 14 inches, Ft. Lauderdale
and Hollywood had over 13 inches, Plantation had nearly 12 inches, and Lauderdale
Lakes and Pompano Beach had over 9 inches. Property damages in southeast Florida
were estimated by the National Climatic Data Center to be approximately $600 million,
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which includes $335 million in agricultural losses. An estimated 700,000 customers lost
electricity. Flooding in a few residential areas lasted for a week, displacing several
hundred persons and isolating thousands more. It was reported that 8,000 people suffered
flood damages. Some roads were impassible for weeks, electricity was out in certain
areas, and residents and businesses suffered heavy losses.
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Map 4.12: FEMA Flood Zones
Source: FEMA NFHL May 25, 2022
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October 2000 – “No Name” or “Pre-Leslie” Storm
On October 3, 2000, a low-pressure system, later to become Tropical Storm Leslie,
developed off the west coast of Cuba, and headed toward South Florida. Water managers
and weather officials closely tracked the storm, and preemptive measures were taken to
start moving water out of the canals. However, weather forecasts called for 4-8 inches of
rainfall from this storm, and unfortunately, once the storm passed over South Florida, it
dumped 14-18 inches of rainfall over a linear area in the center of the county. An estimated
93,000 houses with about 214,000 persons were isolated by flood waters. Power was cut
to 13,000 people. There were 3 indirect deaths including 2 males who drove vehicles into
canals and 1 man who fell from a roof while repairing a leak.
October 2001 – Flash Flood
Up to 10 inches of rain fell in 2 hours at Lighthouse Point and up to a total of 12 inches fell
across portions of northeast metropolitan Broward County. Severe street flooding caused
many stalled vehicles and 25 houses, and 25 to 30 apartments suffered flood damage.
Property damage was estimated at $100,000.
November 2001 – Coastal Flooding resulting from Hurricane Michelle
Nearly a week of moderate to strong onshore winds, culminating with the approach of
hurricane Michelle, produced coastal flooding from Hollywood Beach to Hallandale Beach.
The flooding was worst near the time of high tide and involved damage to sea walls and
other coastal structures. Water flowed across the "boardwalk" and into some businesses.
Beach erosion in Broward, Palm Beach, and Miami-Dade counties during the entire event
was moderate to locally severe. Beach renourishment costs are estimated at over $10
million, and property damage was estimated at $20,000.
May 2003 – Flash Flood
A weak tropical wave extending north from the west Caribbean Sea in combination with a
mid/upper-level trough of low pressure in the east Gulf of Mexico caused locally extreme
rainfall over portions of the Broward-Miami-Dade metropolitan areas. The most rain
occurred in a swath from Hollywood to Pompano Beach with an official maximum of 10.21"
measured at Fort Lauderdale-Hollywood International Airport. Of that total, 7.36 inches fell
from 6 to 8 PM which exceeds the 100-year maximum rate for that time. Radar estimates
of 12 to 14 inches of rain were made near Oakland Park and Wilton Manors. According to
Emergency Management estimates, 492 homes and businesses suffered some flood
damage, and many roadways were impassable. Property damage was estimated at $1
million.
November 2005 – Flash Flood
Law enforcement reported flooding of homes, cars, and streets in northeastern Broward
County from Deerfield Beach south to Pompano Beach and Oakland Park. Persistent
showers developed over northeastern Broward County late in the evening of Friday,
November 19 and reached its peak during the early morning hours of Saturday November
20. Doppler radar estimated up to 5 inches of rain in a 2-hour period between midnight
and 2:00 AM fell over these areas.
December 2009 Flash Flood
Extensive and severe flooding occurred over southeastern Broward County. Hardest-hit
communities were Dania Beach, Hollywood, Hallandale Beach, and Pembroke Park. As much
as 14 inches of rain fell in about 6 hours with other reports and radar estimates showing an
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area of 8 to 13 inches of rain primarily along and east of I-95 in the above-mentioned
communities. Severe flooding began around 7:30 PM in Dania Beach, gradually progressing
southward between 8 and 10 PM to cover the rest of the affected area. A total of 101 homes
sustained major flood damage in Broward County, with an additional 88 homes having minor
damage. Water was reported to be as high as 2 feet deep inside some homes, and a mobile
home park in Pembroke Park had to be evacuated due to the rising water. Shelters were
opened in Hallandale Beach and Hollywood to accommodate the evacuees. 6 businesses
also sustained significant water damage. One building had a roof collapse in Hallandale
Beach. Hundreds of cars were damaged or destroyed by the water. In addition to the water
damage, about 2,000 customers lost power in Broward and Miami-Dade counties. Property
damage in Broward County was estimated to be at $500,000.
October 2011 – Flash Flood
A weak frontal boundary across South Florida in combination with a flow of deep tropical
moisture from the western Caribbean Sea associated with the remnant of Hurricane Rina led
to periods of very heavy rain and significant flooding lasting the better part of 4 days. An
estimated 2,000 customers lost power across South Florida due to the rain. Torrential rainfall
affected eastern sections of metro Broward County during the overnight hours of October
31st. Rainfall totals of 8 to 12 inches occurred over an area bounded by I-595 to the south
and Pompano Beach to the north, from NW 31 Ave to the west all the way to the Atlantic
coast. A few spots in this area likely received amounts close to 15 inches in about a 9-hour
time span. These rains fell over areas already saturated from the rains of the previous two
days. A total of 402 homes were affected by water damage and streets were closed due to
inundation in Fort Lauderdale, Oakland Park, Wilton Manors and Pompano Beach. The area
hardest-hit was between Broward and Commercial Boulevards between I-95 and Federal
Highway where water covered the ground up to a few feet. Property damages in tune of $2
million were reported for Broward County.
June 2017 – Heavy Rain Flood
A disturbance meandering across the Gulf of Mexico in combination with an upper-level
system across the western Gulf of Mexico lead to nearly a week of heavy rainfall across South
Florida. The heaviest rainfall fell in the corridor from Marco Island and southern Collier county
northeast into Broward and southern Palm Beach counties. Many locations in this swath saw
rainfall amounts in excess of 9 to 10 inches in a single day, and as high as almost 15 inches
on the heaviest day, resulting in event totals of 15 to 20 inches in this area. The heaviest
rainfall of the event across Broward County fell during June 7th and 8th. The worst impacts
were generally reported across Sunrise, Weston, and Davie. There was a multiday closure of
the Sawgrass Mills Mall located in Sunrise, the second largest attraction in the state of Florida,
due to flooding of the parking lot and mall entrances. Sunrise Fire Station 59 sustained roof
damage to the lobby and firefighter sleeping quarters and damage was sustained to the
Sunrise Civic Center due to seeping water in the orchestra pit and the public assembly area
of the facility. An off-duty NWS employee also reported 6 to 8 inches of water in most low-
lying areas and roadways in the vicinity. Most swales and lakes were also out of there banks
and flooding adjacent yards. The city of Davie reported several road closures, numerous
flooded roadways, as well as several flooding homes due to both roof leaks and water
encroachment from swales and lakes. Elsewhere across the county, widespread minor to
moderate flooding was reported along with several unconfirmed reports of roof collapses.
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November 2020 – Tropical Storm Eta Flooding
Extensive flooding occurred in several parts of Broward County after heavy rainfall from Storm
Eta during November 8-9, 2020. Based on the radar data, some areas of the County including
Central, South-West parts, received 11-13 inches of rainfall. Flooding was reported in almost
all Cities of the County including Fort Lauderdale, Lauderhill, Sunrise, Miramar, Davie and
Weston. Water was knee-deep in parts of Broward County. The power was out for more than
24,000 Florida Power & Light customers at 5:30 p.m. Monday (11/9/2020), mostly in Miami-
Dade, Broward, and Palm Beach Counties.
Historical Summary of Insured Flood Losses
According to FEMA flood insurance policy records, there have been more than 22,000 flood
losses reported in Broward County through the National Flood Insurance Program (NFIP), totaling
more than $64 million in claims payments.
Probability and Extent of Future Events
The probability that Broward County will continue to experience flooding associated with large
tropical storms, hurricanes, and heavy rainfall events is highly likely. Flooding is a very
geographic-specific hazard and in Broward County, the source can either be inland flooding
(heavy rainfall and high-water table) and/or storm surge. In the future Broward County could be
expected to be hit by large floods, either from large rainstorms or tropical storms/hurricanes, with
typical floodwater depths from to 6 inches to 2 feet and near maximum floodwater depths could
ranging up to 8 feet (floodwaters of this depth were recorded in parts of Broward County from the
Cape Sable hurricane of 1947).
Future Risk Conditions Influencing Flood
The impacts of climate change and associated sea level rise will have considerable impact on
future flood conditions. While the impacts of sea level rise are discussed in greater detail in a
subsection dedicated to this subject in Section 4, the following results of climate change and sea
level rise, as documented in several SFWMD reports including “Sea Level Rise and Flood
Resiliency Plan” and “Adoption of Future Extreme Rainfall Change Factors for Flood Resiliency
Planning in South Florida” reports published in 2022, will impact flooding in Broward County:
• Inundation of coastal properties due to higher sea levels, astronomical tides, and storm
surges.
• Projected changes in future rainfall ranging from a 2% decrease to 62% increase,
depending on the rainfall duration and frequency.
• Higher sea levels and storm surges will limit the ability of coastal drainage systems to
drain inland stormwater runoff into ocean thus exacerbating flooding and reducing the
effectiveness of the primary/secondary drainage system.
• Flood protection level of service provided by existing drainage infrastructure will be
reduced due to higher flows and levels in canals from increased rainfall and reduced
drainage capacity due to higher tidal levels
In conclusion, the impacts of climate change, and sea level rise will likely exacerbate the severity
and duration of floods, including those caused by tropical cyclones and those non-cyclone events.
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Vulnerability Assessment
To assess flood risk, two distinct vulnerability assessment approaches were applied for Broward
County to assess exposure and potential losses to flood hazard events. This includes (1) a Hazus-
MH analysis for riverine (or “non-coastal”) flood events; and (2) a GIS-based analysis for riverine
and coastal flood events using FEMA’s digital Q3 flood data (as shown in Map 4.11) in
combination with Broward County’s local tax assessor records.
First, riverine flood hazards were modeled using Hazus-MH for the 10-, 50-, 100-, and 500-year
flood events. Flood depth was estimated at the pixel level for affected areas, along with proportion
of the area affected within the census block. Hazus-MH was utilized to estimate floodplain
boundaries, potential exposure for each event frequency, and loss estimates based on
probabilistic scenarios using a Level 1 analysis.13 Table 4.21 shows potential building losses for
10- and 50-year riverine flood events by jurisdiction, and Table 4.22 shows potential building
losses for 100- and 500-year riverine flood events by jurisdiction.
Table 4.20: Potential Building Losses by Jurisdiction (10- and 50-year Riverine Flood
Events)
Jurisdiction Total
Exposure
10-Year 50-Year
Residential Commercial Industrial Residential Commercial Industrial
Coconut Creek $3,061,603,270 $291,110 Negligible Negligible $552,120 Negligible Negligible
Cooper City $1,943,657,150 Negligible Negligible Negligible Negligible Negligible Negligible
Coral Springs $8,134,798,700 $44,516,190 $443,730 $126,760 $52,586,240 $1,196,600 $1,672,740
Dania Beach $1,878,435,580 Negligible Negligible Negligible Negligible Negligible Negligible
Davie $6,711,031,880 Negligible Negligible Negligible Negligible Negligible Negligible
Deerfield Beach $5,161,599,440 $229,320 $56,310 $150,520 $512,810 $124,510 $337,660
Fort Lauderdale $22,130,694,710 $10,703,830 $184,520 $92,120 $16,108,420 $782,980 $829,050
Hallandale Beach $3,836,691,130 Negligible Negligible Negligible Negligible Negligible Negligible
Hillsboro Beach $810,574,300 Negligible Negligible Negligible Negligible Negligible Negligible
Hollywood $10,029,588,340 Negligible Negligible Negligible Negligible Negligible Negligible
Lauderdale-By-The-Sea $1,739,928,950 $2,434280 $55,540 Negligible $2,500,100 $155,870 Negligible
Lauderdale Lakes $1,152,461,750 Negligible Negligible Negligible Negligible Negligible Negligible
Lauderhill $2,492,601,430 Negligible Negligible Negligible Negligible Negligible Negligible
Lazy Lake $4,107,550 Negligible Negligible Negligible Negligible Negligible Negligible
Lighthouse Point $1,261,700,120 Negligible Negligible Negligible $136,000 Negligible Negligible
Margate $2,296,212,030 $10,548,780 $248,200 $39,920 $17,173,400 $718,770 $252,010
Miramar $7,475,638,380 Negligible Negligible Negligible Negligible Negligible Negligible
North Lauderdale $1,260,435,790 $840,840 $90,980 Negligible $6,246,740 $351,530 $59,580
Oakland Park $2,473,754,560 Negligible Negligible Negligible Negligible Negligible Negligible
Parkland $2,682,321,260 $29,746,130 $78,060 Negligible $30,233,850 $78,060 Negligible
13 According to FEMA’s Hazus Web site, “a Level 1 analysis yields a rough estimate based on the nationwide database and is a great way to begin the risk
assessment process and prioritize high-risk communities.”
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Enhanced Local Mitigation Strategy
September 2022
Page | 147
September 2022
Jurisdiction Total
Exposure
10-Year 50-Year
Residential Commercial Industrial Residential Commercial Industrial
Pembroke Park $404,154,300 Negligible Negligible Negligible Negligible Negligible Negligible
Pembroke Pines $10,247,846,250 Negligible Negligible Negligible Negligible Negligible Negligible
Plantation $6,803,128,100 Negligible Negligible Negligible Negligible Negligible Negligible
Pompano Beach $8,981,181,420 $33,942,220 $2,477,240 $9,686,510 $67,084,270 $5,607,320 $18,322,110
Sea Ranch Lakes $110,763,020 Negligible Negligible Negligible Negligible Negligible Negligible
Southwest Ranches $890,133,450 Negligible Negligible Negligible Negligible Negligible Negligible
Sunrise $5,308,400,300 Negligible Negligible Negligible Negligible Negligible Negligible
Tamarac $3,283,696,510 $5,522,610 Negligible Negligible $23,560,490 $93,600 Negligible
Broward Municipal
Services Districts $1,106,396,610 $107,630 $17,350 $33,260 $171,000 $39,180 $75,050
West Park $331,537,990 Negligible Negligible Negligible Negligible Negligible Negligible
Weston $6,490,572,820 Negligible Negligible Negligible Negligible Negligible Negligible
Wilton Manors $941,493,080 Negligible Negligible Negligible Negligible Negligible Negligible
TOTAL $131,437,140,170 $138,882,940 $3,651,930 $10,129,090 $216,912,220 $9,148,420 $21,548,200
* Negligible means less than $5,000
Source: Broward County Property Appraiser and Hazus-MH MR2
Table 4.21: Potential Building Losses by Jurisdiction (100- and 500-year Riverine Flood
Events)
Jurisdiction Total
Exposure
100-Year 500-Year
Residential Commercial Industrial Residential Commercial Industrial
Coconut Creek $3,061,603,270 $840,020 Negligible Negligible $706,560 Negligible Negligible
Cooper City $1,943,657,150 Negligible Negligible Negligible Negligible Negligible Negligible
Coral Springs $8,134,798,700 $53,765,270 $1,435,120 $1,864,120 $61,010,430 $4,714,770 $7,227,810
Dania Beach $1,878,435,580 Negligible Negligible Negligible Negligible Negligible Negligible
Davie $6,711,031,880 Negligible Negligible Negligible Negligible Negligible Negligible
Deerfield Beach $5,161,599,440 $660,040 $162,290 $443,430 $2,243,370 $300,690 $742,450
Fort Lauderdale $22,130,694,710 $19,225,060 $919,290 $1,050,810 $23,874,870 $1,787,050 $2,285,860
Hallandale Beach $3,836,691,130 Negligible Negligible Negligible Negligible Negligible Negligible
Hillsboro Beach $810,574,300 Negligible Negligible Negligible $909,900 $42,300 Negligible
Hollywood $10,029,588,340 Negligible Negligible Negligible Negligible Negligible Negligible
Lauderdale-By-The-Sea $1,739,928,950 $5,487,730 $193,500 Negligible $11,498,500 $481,050 Negligible
Lauderdale Lakes $1,152,461,750 Negligible Negligible Negligible Negligible Negligible Negligible
Lauderhill $2,492,601,430 Negligible Negligible Negligible Negligible Negligible Negligible
Lazy Lake $4,107,550 Negligible Negligible Negligible Negligible Negligible Negligible
Lighthouse Point $1,261,700,120 $196,220 Negligible Negligible $5,022,540 $37,250 Negligible
Margate $2,296,212,030 $19,102,270 $1,599,370 $522,720 $24,953,830 $2,091,590 $1,319,960
Miramar $7,475,638,380 Negligible Negligible Negligible Negligible Negligible Negligible
North Lauderdale $1,260,435,790 $6,688,620 $355,660 $61,500 $8,161,780 $2,706,750 $1,097,330
Oakland Park $2,473,754,560 Negligible Negligible Negligible Negligible Negligible Negligible
Parkland $2,682,321,260 $30,417,440 $78,060 Negligible $32,291,920 $646,270 Negligible
Pembroke Park $404,154,300 Negligible Negligible Negligible Negligible Negligible Negligible
Broward County Emergency Management
Enhanced Local Mitigation Strategy
September 2022
Page | 148
September 2022
Jurisdiction Total
Exposure
100-Year 500-Year
Residential Commercial Industrial Residential Commercial Industrial
Pembroke Pines $10,247,846,520 Negligible Negligible Negligible Negligible Negligible Negligible
Plantation $6,803,128,100 Negligible Negligible Negligible Negligible Negligible Negligible
Pompano Beach $8,981,181,420 $78,029,050 $6,935,920 $22,599,440 $151,152,010 $10,806,250 $36,645,670
Sea Ranch Lakes $110,763,020 Negligible Negligible Negligible Negligible Negligible Negligible
Southwest Ranches $890,133,450 Negligible Negligible Negligible Negligible Negligible Negligible
Sunrise $5,308,400,300 Negligible Negligible Negligible Negligible Negligible Negligible
Tamarac $3,283,696,510 $23,572,450 $94,490 $236,240 $27,554,200 $619,550 $333,520
Broward Municipal
Services Districts $1,106,396,610 $229,600 $50,970 $98,360 $321,570 $108,520 $176,390
West Park $331,537,990 Negligible Negligible Negligible Negligible Negligible Negligible
Weston $6,490,572,820 Negligible Negligible Negligible Negligible Negligible Negligible
Wilton Manors $941,493,080 Negligible Negligible Negligible Negligible Negligible Negligible
TOTAL $131,437,140,170 $238,213,770 $11,824,670 $26,876,620 $348,791,580 $24,299,740 $49,828,990
* Negligible means less than $5,000
Source: Broward County Property Appraiser and Hazus-MH MR2
The second approach to assessing each jurisdiction’s exposure and potential losses to riverine
and coastal flood hazard events included an independent GIS-based analysis using FEMA’s
digital Q3 flood data in combination with Broward County’s local tax assessor records and critical
facilities data. To complete the assessment, initially every individual land parcel and critical facility
that is located wholly or partially within a FEMA Zone A, AE, or V special flood hazard area with
a 1% annual chance of flooding (100-year floodplain) was identified, by jurisdiction. It should be
noted in this revised Plan, critical facilities in FEMA AH Zone have been added to broaden the
analysis. This analysis is intended for use as a general planning tool to provide reasonable
estimates of potential at-risk properties or facilities using best available georeferenced data in
comparison to the results of the Hazus-MH loss estimation results. It is important to note that
while the GIS-based assessment does use specific attribute data tied to each individual at-risk
property (i.e., year built and building value), it does not consider certain unknown site-specific
factors that may mitigate future flood losses on a building-by-building basis (such as elevation,
surrounding topography, flood-proofing measures, drainage, etc.).
The identification of at-risk properties (and subsequently buildings) was completed using local
parcel data layers in combination with local tax assessor records. To further narrow down the list
of initially identified floodplain properties to those with buildings potentially at-risk to flood events,
GIS selection criteria was utilized to identify only those properties with buildings constructed prior
to 1972 (pre-NFIP), under the assumption that those built after 1972 would be protected to the
100-year flood level due to the availability of flood hazard maps and the adoption of local flood
damage prevention ordinances. The objective of the GIS-based analysis is to calculate the total
building value of all potentially at-risk properties in Broward County, by jurisdiction.
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September 2022
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September 2022
Table 4.22: Total Building Value of At-Risk Properties by Jurisdiction
(Riverine/Coastal Flood Events)
Jurisdiction
Number of
Floodplain
Properties
Total Building Value Pre-NFIP Building
Value (pre-1972)
Coconut Creek 1,869 $1,306,681,800 $71,100,070
Cooper City 1,624 $810,494,740 $23,743,350
Coral Springs 5,745 $3,180,227,640 $63,828,780
Dania Beach 4,445 $1,776,980,710 $414,616,870
Davie 8,759 $5,546,165,150 $255,383,400
Deerfield Beach 6,011 $3,005,807,940 $611,475,750
Fort Lauderdale 25,141 $19,222,038,200 $7,228,275,670
Hallandale Beach 3,239 $1,366,926,790 $509,567,500
Hillsboro Beach 138 $466,685,750 $48,759,060
Hollywood 17,362 $7,277,525,630 $3,681,864,720
Lauderdale-By-The-Sea 954 $478,142,800 $332,620,530
Lauderdale Lakes 1,130 $399,942,840 $150,473,660
Lauderhill 2,371 $1,331,798,790 $124,890,330
Lazy Lake 12 $3,772,250 $2,025,340
Lighthouse Point 2,772 $1,503,893,870 $685,591,480
Margate 2,682 $938,879,450 $139,698,440
Miramar 4,741 $2,981,240,320 $258,243,450
North Lauderdale 2,655 $799,415,090 $162,504,030
Oakland Park 4,182 $1,398,811,920 $864,880,250
Parkland 4,633 $2,586,319,670 $10,078,630
Pembroke Park 306 $205,287,170 $47,088,900
Pembroke Pines 7,913 $4,503,655,510 $509,111,850
Plantation 6,449 $4,550,651,810 $518,163,740
Pompano Beach 9,605 $4,927,487,700 $1,824,301,550
Sea Ranch Lakes 129 $122,818,790 $86,313,460
Southwest Ranches 2,573 $1,240,036,790 $78,789,600
Sunrise 3,430 $2,678,798,050 $90,502,690
Tamarac 7,227 $1,795,652,310 $342,940,630
Broward Municipal Services
Districts 937 $2,221,672,880 $406,286,560
West Park 947 $132,576,650 $94,767,740
Weston 5,705 $3,613,148,570 $2,240,750
Wilton Manors 1,754 $658,071,090 $525,374,870
TOTAL 147,440 $83,031,608,670 $20,165,503,650
Sources: Broward County Property Appraiser; Federal Emergency Management Agency National Flood Hazard Layer
Broward County Emergency Management
Enhanced Local Mitigation Strategy
September 2022
Page | 150
September 2022
Table 4.23: Total Bldg. Value of At-Risk Properties by Jurisdiction and Type of
Building (Riverine/Coastal Flood Events)
Jurisdiction Residential Commercial Industrial Other* Total
Coconut Creek $728,164,410 $211,142,210 $78,166,980 $289,208,200 $1,306,681,800
Cooper City $571,558,220 $49,570,950 $7,459,790 $181,905,780 $810,494,740
Coral Springs $1,974,038,740 $631,852,380 $130,130,650 $444,205,870 $3,180,227,640
Dania Beach $823,322,850 $539,305,710 $316,741,530 $97,610,620 $1,776,980,710
Davie $3,574,966,430 $549,964,800 $315,564,580 $1,105,669,340 $5,546,165,150
Deerfield Beach $1,498,836,230 $647,854,540 $533,205,470 $325,911,700 $3,005,807,940
Fort Lauderdale $10,126,050,210 $5,216,955,210 $918,930,240 $2,960,102,540 $19,222,038,200
Hallandale Beach $748,735,250 $496,638,700 $32,711,410 $88,841,430 $1,366,926,790
Hillsboro Beach $456,379,020 $8,929,340 $0 $1,377,390 $466,685,750
Hollywood $4,174,819,290 $1,655,649,130 $389,317,270 $1,057,739,940 $7,277,525,630
Lauderdale-By-The-
Sea $412,321,620 $61,387,260 $0 $4,433,920 $478,142,800
Lauderdale Lakes $204,539,760 $122,197,510 $20,303,030 $52,902,540 $399,942,840
Lauderhill $1,057,774,750 $103,141,230 $28,491,620 $142,391,190 $1,331,798,790
Lazy Lake $3,772,250 $0 $0 $0 $3,772,250
Lighthouse Point $1,448,639,210 $48,288,070 $0 $6,966,590 $1,503,893,870
Margate $577,324,620 $150,917,450 $44,494,870 $166,142,510 $938,879,450
Miramar $1,525,809,110 $384,043,240 $297,006,560 $774,381,410 $2,981,240,320
North Lauderdale $593,544,350 $99,589,610 $23,808,970 $82,472,160 $799,415,090
Oakland Park $741,351,810 $281,076,400 $263,812,430 $112,571,280 $1,398,811,920
Parkland $2,329,536,620 $49,941,490 $430,780 $206,410,780 $2,586,319,670
Pembroke Park $39,356,530 $19,329,590 $110,532,470 $36,068,580 $205,287,170
Pembroke Pines $2,905,267,930 $856,912,500 $37,165,520 $704,309,560 $4,503,655,510
Plantation $2,970,844,770 $1,050,359,860 $58,774,790 $470,672,390 $4,550,651,810
Pompano Beach $2,517,213,190 $668,923,610 $1,067,183,320 $674,167,580 $4,927,487,700
Sea Ranch Lakes $122,818,790 $0 $0 $0 $122,818,790
Southwest Ranches $1,010,094,120 $30,035,550 $430,490 $199,476,630 $1,240,036,790
Sunrise $964,284,030 $854,728,170 $227,399,450 $632,386,400 $2,678,798,050
Tamarac $1,295,904,110 $215,126,770 $143,901,740 $140,719,690 $1,795,652,310
Broward Municipal
Services Districts $96,547,460 $17,959,870 $27,697,580 $2,079,467,970 $2,221,672,880
West Park $96,538,170 $18,134,350 $13,222,750 $4,681,380 $132,576,650
Weston $2,818,908,810 $422,970,340 $204,144,270 $167,125,150 $3,613,148,570
Wilton Manors $547,836,990 $57,693,870 $2,038,660 $50,501,570 $658,071,090
TOTAL $48,957,099,650 $15,520,619,710 $5,293,067,220 $13,260,822,090 $83,031,608,670
* “Other” building occupancy category includes agriculture, religious/nonprofit, government, and education occupancies.
Broward County Emergency Management
Enhanced Local Mitigation Strategy
September 2022
Page | 151
September 2022
Jurisdiction Residential Commercial Industrial Other* Total
Source: Broward County Property Appraiser; Federal Emergency Management Agency National Flood Hazard Layer
Table 4.24: Total # of Buildings At-Risk Properties by Jurisdiction and Type of
Building (Riverine/Coastal Flood Events)
Jurisdiction Residential Commercial Industrial Other* Total
Coconut Creek 1768 33 15 53 1869
Cooper City 1550 18 1 55 1624
Coral Springs 5403 172 75 95 5745
Dania Beach 3773 246 328 98 4445
Davie 7927 284 193 355 8759
Deerfield Beach 5418 261 238 94 6011
Fort Lauderdale 21285 2192 1008 656 25141
Hallandale Beach 2954 191 50 44 3239
Hillsboro Beach 133 3 0 2 138
Hollywood 15873 945 222 322 17362
Lauderdale-By-The-Sea 879 66 0 9 954
Lauderdale Lakes 1036 59 13 22 1130
Lauderhill 2213 98 22 38 2371
Lazy Lake 12 0 0 0 12
Lighthouse Point 2706 52 0 14 2772
Margate 2542 68 33 39 2682
Miramar 4507 99 39 96 4741
North Lauderdale 2550 58 12 35 2655
Oakland Park 3223 339 537 83 4182
Parkland 4523 19 1 90 4633
Pembroke Park 222 25 47 12 306
Pembroke Pines 7685 131 10 87 7913
Plantation 6005 274 51 119 6449
Pompano Beach 8116 509 759 221 9605
Sea Ranch Lakes 129 0 0 0 129
Southwest Ranches 2214 14 2 343 2573
Sunrise 3090 179 85 76 3430
Tamarac 6982 144 56 45 7227
Broward Municipal Services Districts 716 54 23 144 937
West Park 903 24 10 10 947
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September 2022
Page | 152
September 2022
Jurisdiction Residential Commercial Industrial Other* Total
Weston 5501 134 37 33 5705
Wilton Manors 1624 96 2 32 1754
TOTAL 133462 6787 3869 3322 147440
* “Other” building occupancy category includes agriculture, religious/nonprofit, government, and education occupancies. Source:
Broward County Property Appraiser
The GIS-based analysis for critical facilities identified 78 critical facilities throughout Broward
County as being potentially at-risk to flood events. These include 24 city halls, 80 fire stations, 28
police stations, 14 hospital, and 201 schools (26 of which are designated as either county or local
shelters).
FEMA defines a repetitive loss property as any insurable building for which two or more claims of
more than $1,000 were paid by the NFIP within any rolling 10-year period, since 1978. A repetitive
loss property may or may not be currently insured by the NFIP. Currently there are over 122,000
repetitive loss properties nationwide. FEMA defines a severe repetitive loss (SRL) property as
with 1 of the following conditions in a 10-year period: 1) At least 4 claims payments (building and
contents) over $5,000 each; 2) At least 2 building claims payments with the cumulative amount
exceeding the market value of the building. The list of FEMA RL properties is shown in Table
4.26. All but 1 of Broward County’s municipal jurisdictions (Sea Ranch Lakes) is identified as
having one or more Repetitive Loss Properties.
Also included is the list of FEMA SRL properties in Table 4.27.
Although this information is tracked by the County in accordance with FEMA guidelines, it is
protected from release by the Privacy Act of 1974, 5 U.S.C. Section 552(2).
Table 4.25: NFIP Repetitive Loss Properties by Jurisdiction (as of 2022)
Jurisdiction
Number of
Repetitive
Loss
Properties
Number
of
Losses
Building
Payments
Contents
Payments
Total
Payments
Coconut Creek 1 2 $2,920.00 $0.00 $2,920.00
Cooper City 4 8 $17,909.19 $2,339.00 $20,248.19
Coral Springs 19 39 $573,876.80 $886,97.03 $662,573.83
Dania Beach 28 103 $1,846,476.60 $310,116.72 $2,156,593.32
Davie 27 80
$834,843.60 $631,012.48 $1,465,856.08
Deerfield Beach 9 22 $376,595.07 $66,190.52 $442,785.59
Fort Lauderdale 172 577 $12,380,724.42 $4,935,948.86 $17,316,673.28
Hallandale Beach 153 560 $18,122,188.42 $4,954,850.27 $23,077,038.69
Hillsboro Beach 2 5 $215,350.20 $65,467.10 $280,817.30
Hollywood 246 669 $10,525,648.82 $3,187,055.84 $13,712,704.66
Lauderdale-By-The-Sea 2 56
$102,289.90
$2,800.00
$105,089.90
Lauderdale Lakes 22 50 $219,522.89 $86,555.07 $306,077.96
Lauderhill 41 75 $477,677.75 $142,004.52 $619,682.27
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September 2022
Jurisdiction
Number of
Repetitive
Loss
Properties
Number
of
Losses
Building
Payments
Contents
Payments
Total
Payments
Lighthouse Point 3 6 $50,270.83 $38,487.23 $88,758.06
Margate 61 38 $153,398.92 $21,537.02 $174,935.94
Miramar 43 91 $454,959.44 $152,771.14 $607,730.58
North Lauderdale 14 29 $127,025.28 $10,692.20 $137,717.48
Oakland Park 45 182 $3,274,055.88 $748,529.45 $4,022,585.33
Parkland 1 2 $9,320.09 $1,574.63 $10,894.72
Pembroke Park 7 45 $550,654.68 $755,426.52 $1,306,081.20
Pembroke Pines 14 36 $301,506.07 $33,438.63 $334,944.70
Plantation 16 33 $296,758.61 $30,578.33 $327,336.94
Pompano Beach 32 90 $1,919,531.97 $569,043.43 $2,488,575.40
Southwest Ranches 2 4 $33,904.13 $63,151.18 $97,055.31
Sunrise 11 33 $218,105.13 $137,578.64 $355,683.77
Tamarac 14 30 $179,649.85 $58,518.08 $238,167.93
Broward Municipal Services Districts 64 172 $1,935,238.56
$780,982.03 $2,716,220.59
West Park 3 33 $330,653.83 $176,190.54 $506,844.37
Weston 1 2 $18,056.57 $0.00 $18,056.57
Wilton Manors 22 58 $804,844.43 $324,359.67 $1,129,204.10
TOTAL 1,079 3,130 $56,353,957.93 $18,287,199.10 $74,641,157.03
Source: Federal Emergency Management Agency Repetitive Loss Properties Report for Broward County, August 17, 2022, Report
Greatest increase in number of Repetitive Loss Properties (from 2017 LMS to present):
• Fort Lauderdale -- 95 to 195 properties
• Biggest decrease in number of Repetitive Loss Properties (from 2017 LMS to present)
• West Park -- 18 to 6 properties
Table 4.26: NFIP SRL Properties by Jurisdiction (as of 2022)
Jurisdiction
Number
of SRL
Properties
Number
of
Losses
Building
Payments
Contents
Payments
Total
Payments
Coconut Creek 0 0 $0.00 $0.00 $0.00
Cooper City 0 0 $0.00 $0.00 $0.00
Coral Springs 1 13 $0.00 $0.00 $0.00
Dania Beach 5 87 $156,949.14 $28,728.22 $185,677.36
Davie 2 11 $132,085.38 $226,528.00 $358,613.38
Deerfield Beach 0 5 $103,688.22 $12,327.08 $116,015.30
Fort Lauderdale 23 159 $1,258,570.94 $1,193,075.30 $2,451,646.24
Hallandale Beach 22 76 $4,691,415.25 $2,023,704.87 $6,715,120.12
Hillsboro Beach 0 0 $0.00 $0.00 $0.00
Hollywood 14 37 $597,251.22 $372,218.34 $969,469.56
Lauderdale-By-The-Sea 0 0 $0.00 $0.00 $0.00
Lauderdale Lakes 1 0 $0.00 $0.00 $0.00
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September 2022
Jurisdiction
Number
of SRL
Properties
Number
of
Losses
Building
Payments
Contents
Payments
Total
Payments
Lauderhill 3 0 $0.00 $0.00 $0.00
Lazy Lake 0 0 $0.00 $0.00 $0.00
Lighthouse Point 0 0 $0.00 $0.00 $0.00
Margate 0 0 $0.00 $0.00 $0.00
Miramar 1 0 $0.00 $0.00 $0.00
North Lauderdale 0 0 $0.00 $0.00 $0.00
Oakland Park 10 30 $958,919.42 $309,370.31 $1,268,289.73
Parkland 0 0 $0.00 $0.00 $0.00
Pembroke Park 4 7 $106,987.88 $327,594.89 $434,582.77
Pembroke Pines 1 0 $0.00 $0.00 $0.00
Plantation 0 0 $0.00 $0.00 $0.00
Pompano Beach 1 10 $481,228.54 $0.00 $481,228.54
Sea Ranch Lakes 0 0 $0.00 $0.00 $0.00
Southwest Ranches 0 0 $0.00 $0.00 $0.00
Sunrise 1 0 $0.00 $0.00 $0.00
Tamarac 0 0 $0.00 $0.00 $0.00
Broward Municipal Services Districts 6 22 $321,939.07 $180,048.15 $501,987.22
West Park 3 11 $118,648.77 $47,225.57 $165,874.34
Weston 0 0 $0.00 $0.00 $0.00
Wilton Manors 1 0 $0.00 $0.00 $0.00
TOTAL 99 468 $8,927,683.83 $4,720,820.73 $13,648,504.56
Source: Federal Emergency Management Agency Repetitive Loss and Severe Repetitive Loss Properties Report for
Broward County, August 17, 2022, Report
Table 4.27: RL/SRL Properties by Property Type (as of 2022)
Jurisdiction Residential Commercial Other Non-Residential
RL SRL RL SRL RL SRL
Coconut Creek 1 - - - - -
Cooper City 4 - - - - -
Coral Springs 18 1 - - 1 -
Dania Beach 21 5 6 - 1 -
Davie 25 2 1 - 1 -
Deerfield Beach 8 - - - 1 -
Fort Lauderdale 145 19 9 1 18 3
Hallandale Beach 142 17 4 4 7 1
Hillsboro Beach 2 - - - - -
Hollywood 235 11 2 - 9 3
Lauderdale-By-The-Sea 1 - - - 1 -
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Lauderdale Lakes 22 1 - - - -
Lauderhill 41 3 - - - -
Lighthouse Point 3 - - - - -
Margate 61 - - - - -
Miramar 43 1 - - - -
North Lauderdale 14 - - - - -
Oakland Park 32 5 8 4 5 1
Parkland 1 - - - - -
Pembroke Park 4 - 1 3 2 1
Pembroke Pines 14 1 - - - -
Plantation 16 - - - - -
Pompano Beach 22 - 5 1 5 -
Southwest Ranches 2 - - - - -
Sunrise 11 1 - - - -
Tamarac 14 - - - - -
West Park 3 3 - - - -
Weston 1 - - - - -
Wilton Manors 19 1 2 - 1 -
Broward Municipal Services
Districts
53 4 - 1 5 1
Source: Federal Emergency Management Agency Repetitive Loss and Severe Repetitive Loss Properties Report for
Broward County, August 17, 2022, Report
Sea Level Rise/Climate Change
As is stated in the following narrative, the probability of future increases in high tide flooding events
in Broward County due to sea level rise is considered “highly likely”. More specifics about the
scenarios that were developed for Broward County and how they are consistent with planning
scenarios are included in the subsection below. In addition, the subsection describes the potential
impact to residents and businesses.
Background
Sea level rise, caused by climate change, is a phenomenon resulting from a consistent change in
the earth’s temperature that leads to changes in atmospheric and climatic patterns which
ultimately impacts the complex hydrology of southeast Florida, including surface and subsurface
flows. While the majority of sea level rise realized to date has been a function of thermal expansion
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of oceanic waters the melting of ice at the polar ice caps is likely to substantially influence the
total rate of rise in the coming decades both worldwide and regionally. While there is still debate
on the degree of the impact, the evidence is clear that a trend is occurring, and sea levels have
been rising for the better part of the 20th century and into the 21st century. The rate of rise is
increasing, with an average of 1 inch of rise measured every 4 to 4 ¼ years during the last several
decades. A total of 40 inches of sea level rise is anticipated by 2070, relative to 2000, for southeast
Florida under the NOAA Intermediate-High scenario.
This chapter will not go into the details of what is causing climate change; it will focus on the
impacts from climate change on sea level rise including storm surge and coastal flooding. The
mitigation strategies section will follow up to propose potential adaptation and mitigation actions.
Sea level rise and other impacts of climate change also affect atmospheric and hydrologic
patterns which in turn impact other hazards like inland flood (increased rainfall periods), drought
(decreased rainfall periods), and wildfire (exacerbated by vegetative fuel growth in periods of
higher rainfall and then burn risk in drier periods). The impact of climate change on these hazards
will be discussed in the appropriate hazard subsections of Chapter 4. For this subsection, the
impacts of sea level rise will be discussed.
An article from Nature Geoscience by T.R. Knutson, et al. entitled “Tropical Cyclones and Climate
Change” (2010) referenced in the SFWMD report entitled “Past and Projected Trends in Climate
and Sea Level Rise for South Florida – External Review Draft” (2011) reveals that the potential
impacts of climate change, particularly global warming, for the Atlantic Ocean basin are the
following:
• Decrease in the number of tropical storms and hurricanes from 6-34% (due to increased
wind shear over the Atlantic basin)
• Increase in the wind intensity of the hurricanes from 2-11%
• Increase in the height and strength of hurricane storm surge (due to higher sea level and
wind intensity)
• Rainfall increases of up to 20% within 60 miles of tropical storms and hurricanes.
• Currently, there is no indication of large alterations of historical storm origin and tracks so
south Florida continues to be a target of high probability.
The 2011 SFWMD report states that the main concerns with sea level rise for South Florida are
the following:
• Saltwater intrusion into coastal aquifers and a diminishing of fresh groundwater which
negatively impacts the public water supply.
• Less capacity to drain overland flooding and stormwater from inland areas to marine
waters because the higher sea levels effectively block positive drainage from west to east
(i.e., due to low South Florida surface elevations, most larger and local drainage systems
depend on a differential between upstream and downstream water levels, headwater and
tailwater respectively, where the downstream areas are generally in tidal/marine areas).
• Increased tropical storm and hurricane surge levels.
• More frequent coastal flooding and some inundation of coastal real estate by marine water
Location and Spatial Extent
As a coastal county, the impact of sea level rise on Broward County has the potential to be high
to severe in the long term. The inundation maps (Maps 4.14-4.17) and at-risk property information
(Tables 4.32- 4.35) provided in this section utilizes the Sea Level Rise projections for NOAA
intermediate-Low and Intermediate-High Scenarios as outlined in NOAA 2017 report. Based on
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the Southeast Florida Regional Climate Change Compact’s (Compact) latest Unified Sea Level
Rise Projection report (2019 update), Broward County uses the same NOAA 2017 Sea Level Rise
projections for the future planning purposes. The Compact’s Unified Sea Level Rise Projections
for Key West gauge indicate 17 in and 40 in of rise in sea levels by 2040 and 2070, respectively
under the 2017 NOAA Intermediate-High scenario. Sea level rise projections for 2040 and 2070
used in this assessment also align with the statutory requirement of the Resilient Florida Grant
Program.
Historical Occurrences
Historical (1913-2020) data from NOAA Key West tidal gauge indicates that relative sea levels
has been rising at a rate of 2.5 mm/yr (or 1 inch/10-yr). However, recent analyses of Key West
tide gauge record indicate a more rapid acceleration in the rate of sea level rise since 2000; five-
year average sea level trends showed a 5 inch of increase in relative mean sea levels between
2000-2021. A majority of the coastal water control infrastructure managed by the SFWMD was
constructed between 1950 and 1960. The Standard Flood design criteria for many of these
structures assumes a headwater-tailwater differential of 6 inches. Increasing tidal levels may have
already started affecting the drainage capacity of these coastal drainage structures especially for
the solely gravity driven structures. A recent (2022) “Flood Protection Level of Service” study by
SFWMD indicates reduced level of flood protection in several basins (e.g., NNR, C-13, C-14 and
Pompano) in the County due to rising tidal levels limiting the drainage capacity of the gravity-
controlled structures.
Probability and Extent of Future Occurrences
The probability of future increase in high tide flooding events in Broward County due to sea level
rise is considered “highly likely”. Sea level rise projections for the year 2100 from 2017 NOAA
report and 2019 Compact report indicate a potential range from 2.7 to 8.5 feet. The main variable
affecting such large range of these estimates is the uncertainty in the rate of glacial and polar ice
melting to be realized in the coming decades. More specifics about the scenarios developed for
Broward County consistent with planning scenarios developed in conjunction with the Compact
are provided in subsection below.
Vulnerability Assessment
While there is considerable non-scientific debate about the probability of sea level rise, and
variation within the scientific community on the severity of sea level rise (but consensus on the
probability), the County is likely to continue to be vulnerable to the impacts of sea level rise. The
level of impact ranges from moderate to severe.
In 2021 a vulnerability assessment of Broward County was conducted using the NOAA
Intermediate-High (Int-High), and Intermediate-Low (Int-Low) sea level rise scenarios for 2040
and 2070. See Maps 4.13 - below for a spatial depiction of the inundation risk from these four sea
level rise scenarios, based solely on land elevation relative to predicted coastal water levels. The
assessment revealed that under the NOAA Int-Low 2040 scenario, the total taxable value (as of
2021) of vulnerable property was $10B, while under the highest scenario evaluated (Int-High
2070) the taxable value of vulnerable properties increased to $42B (See Figure XE below). Under
the highest scenario evaluated (Int-High 2070) 1.05% of the County is impacted with residential
and other being the major land use types inundated. However, under the other scenarios
evaluated (Int-High 2040, Int-Low 2070, and Int-Low 2040), conservation lands and open space
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is the land use type with the highest projected impacts (See Tables 4.31-35). In terms of acres
inundated, wetlands are among the major land use type impacted.” Tables 4.31-35, after the
maps, show the projected damage impacts and level of inundation by land use for the analyzed
future climate scenarios. This analysis is currently being augmented with a more complete
evaluation of the combined impacts of compound flood factors, sea level rise, groundwater table
rise, rainfall (and intensification), high tides, and storm surge, on coastal and inland flooding with
detailed accounting of water management systems and operations as part of a County-wide
Resilience Plan. This project will be completed in 2024 and will present a more comprehensive
and accurate assessment of future flood risk county-wide than what can be derived from the
current elevation-based model and data set.
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Map 4.13: Inundation Extent in Broward County under the NOAA Int-Low 2040 Sea Level
Rise Scenario
Source:
Broward County Resilience Unit, NOAA 2022
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Map 4.14: Inundation Extent in Broward County under the NOAA Int-Low 2070 Sea
Level Rise Scenario
Source: Broward County Resilience Unit, NOAA 2022
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Map 4.15: Inundation Extent in Broward County under the NOAA Int-High 2040 Sea
Level Rise Scenario
Source: Broward County Resilience Unit, NOAA 2022
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Map 4.16: Inundation Extent in Broward County under the NOAA Int-High 2070 Sea
Level Rise Scenario
Source: Broward County Resilience Unit, NOAA 2022
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Table 4.28: Taxable Property Value County-wide projected to be at risk due to sea
level rise under NOAA 2017 Intermediate-High and Intermediate-Low
scenarios for the 2040 and 2070 timeframes.
Table 4.29: Loss Estimation of Broward Commercial Properties for NOAA Int-High
& Int-Low 2040 & 2070 Sea Level Rise Scenarios
Scenario Value for Vulnerable Commercial
Properties
Approximate Level of Damages*
Int-Low 2040 $1,745,630,160 $34,912,603,200
Int-Low 2070 $2,677,829,940 $53,556,598,800
Int-High 2040 $2,911,300,200 $58,226,004,000
Int-High 2070 $9,766,260,610 $195,325,212,200
Source: Broward County Resilience Unit, Broward County Appraiser GIS, NOAA 2017. Last Year Taxable Value field used from the
Broward County Property Appraiser’s Parcel Data
* Sum of commercial property building taxable values with projected inundation
** Multiply total building value in inundation zone by 20% to estimate building and content damage
$10.22 $13.37 $14.01
$42.39
0.00
10.00
20.00
30.00
40.00
50.00
Int-Low 2040 Int-Low 2070 Int-High 2040 Int-High 2070
TA
X
A
B
L
E
P
R
O
P
E
R
T
Y
V
A
L
U
E
(B
I
L
L
I
O
N
S
O
F
D
O
L
L
A
R
S
)
SEA LEVEL RISE SCENARIO (NOAA,2017)
TAXABLE PROPERTY VALUE
VULNERABLE TO
SEA LEVEL RISE
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Table 4.30: Land Use Impacts Under the NOAA Int-Low 2040 Sea Level Rise
Scenario
Land Use Inundation (acres)
Total Land Use
Coverage
(acres)
Percent
Inundation of
that Land Use
Residential 43.38 112,129.16 0.04%
Commercial 11.48 27,573.68 0.04%
Industrial 1.96 10,727.40 0.02%
Agriculture and Timber Lands 3.30 4,966.36 0.07%
Conservation Land/ Open Space & Recreation 384.71 86,038.21 0.45%
Utilities / Transportation 23.05 35,670.19 0.06%
Other 153.02 506,689.28 0.03%
Land use codes sourced from the Broward County Property Appraiser’s Office. Note, for Agricultural and Timber Lands codes =
50-69, for Conservation Land/ Open Space code = 82 or 97, for Utilities/ Transportation code = 91 or 94, for Other code = All
Institutional codes, Miscellaneous codes excluding 91, 94, 97, and including all Government codes excluding 82, and including
codes 98 and 99, and parcels with unlisted codes. See codes at: https://bcpa.net/use_code.asp
Table 4.31: Land Use Impacts Under the NOAA Int-Low 2070 Sea Level Rise
Scenario
Land Use Inundation (acres)
Total Land Use
Coverage
(acres)
Percent
Inundation of
that Land Use
Residential 105.79 112,129.16 0.09%
Commercial 38.79 27,573.68 0.14%
Industrial 8.09 10,727.40 0.08%
Agriculture and Timber Lands 12.35 4,966.36 0.25%
Conservation Land/ Open Space & Recreation 1004.39 86,038.21 1.17%
Utilities / Transportation 60.70 35,670.19 0.17%
Other 375.39 506,689.28 0.07%
Source: Broward County Resilience Unit, Broward County Property Appraiser GIS, NOAA 2022
Land use codes sourced from the Broward County Property Appraiser’s Office. Note, for Agricultural and Timber Lands codes =
50-69, for Conservation Land/ Open Space code = 82 or 97, for Utilities/ Transportation code = 91 or 94, for Other code = All
Institutional codes, Miscellaneous codes excluding 91, 94, 97, and including all Government codes excluding 82, and including
codes 98 and 99, and parcels with unlisted codes. See codes at: https://bcpa.net/use_code.asp
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Table 4.32: Land Use Impacts Under the NOAA Int-High 2040 Sea Level Rise
Scenario
Land Use
Inundation
(acres)
Total Land Use Coverage
(acres)
Percent
Inundation of
Land Use
Residential 124.79 112,129.16 0.11%
Commercial 53.71 27,573.68 0.19%
Industrial 11.51 10,727.40 0.11%
Agriculture and Timber Lands 13.82 4,966.36 0.28%
Conservation Land/ Open Space &
Recreation 1090.12 86,038.21 1.27%
Utilities / Transportation 73.75 35,670.19 0.21%
Other 427.41 506,689.28 0.08%
Source: Broward County Resilience Unit, Broward County Property Appraiser GIS, NOAA 2022
Land use codes sourced from the Broward County Property Appraiser’s Office. Note, for Agricultural and Timber Lands codes =
50-69, for Conservation Land/ Open Space code = 82 or 97, for Utilities/ Transportation code = 91 or 94, for Other code = All
Institutional codes, Miscellaneous codes excluding 91, 94, 97, and including all Government codes excluding 82, and including
codes 98 and 99, and parcels with unlisted codes. See codes at: https://bcpa.net/use_code.asp
Table 4.33: Land Use Impacts Under the NOAA Int-High 2070 Sea Level Rise
Scenario
Land Use
Inundation
(acres)
Total Land Use
Coverage
(acres)
Percent
Inundation of
Land Use
Residential 2,151.31 112,129.16 1.92%
Commercial 508.11 27,573.68 1.84%
Industrial 143.67 10,727.40 1.34%
Agriculture and Timber Lands 265.50 4,966.36 5.35%
Conservation Land/ Open Space & Recreation 1,668.02 86,038.21 1.94%
Utilities / Transportation 841.76 35,670.19 2.36%
Other 2,654.56 506,689.28 0.52%
Source: Broward County Resilience Unit, Broward County Property Appraiser GIS, NOAA 2022
Land use codes sourced from the Broward County Property Appraiser’s Office. Note, for Agricultural and Timber Lands codes =
50-69, for Conservation Land/ Open Space code = 82 or 97, for Utilities/ Transportation code = 91 or 94, for Other code = All
Institutional codes, Miscellaneous codes excluding 91, 94, 97, and including all Government codes excluding 82, and including
codes 98 and 99, and parcels with unlisted codes. See codes at: https://bcpa.net/use_code.asp
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Geologic Hazards
For the purposes of this risk assessment geologic hazards are events or incidents that involve
seismic or non-seismic ground failures such as earthquakes, landslides, sinkholes, land
subsidence, and expansive soils as well as the hazards of tsunami and volcano. The occurrence
of geologic hazards is often interrelated with other natural phenomena.
Other Natural Hazards
For the purposes of this vulnerability assessment, “other” natural hazards are limited to wildfire.
Wildfire
Background
A wildfire is any fire occurring in a wildland area (i.e., grassland, forest, brush land) except for fire
under prescription.14 Wildfires are part of the natural management of forest ecosystems but may
also be caused by human factors. Nationally, over 80% of forest fires are started by negligent
human behavior such as smoking in wooded areas or improperly extinguishing campfires. The
second most common cause for wildfire is lightning.
There are 3 classes of wildland fires: surface fire, ground fire, and crown fire. A surface fire is the
most common of these 3 classes and burns along the floor of a forest, moving slowly and killing
or damaging trees. A ground fire (muck fire) is usually started by lightning or human carelessness
and burns on or below the forest floor. Crown fires spread rapidly by wind and move quickly by
jumping along the tops of trees. Wildland fires are usually signaled by dense smoke that fills the
area for miles around.
Wildfire probability depends on local weather conditions, outdoor activities such as camping,
debris burning, and construction, and the degree of public cooperation with fire prevention
measures. Drought conditions and other natural hazards (such as tornadoes, hurricanes, etc.)
increase the probability of wildfires by producing fuel in both urban and rural settings. Forest
damage from hurricanes and tornadoes may also block interior access roads and fire breaks, pull
down overhead power lines, or damage pavement and underground utilities.
Many individual homes and cabins, subdivisions, resorts, recreational areas, organizational
camps, businesses, and industries are located within high wildfire hazard areas. Further, the
increasing demand for outdoor recreation places more people in wildlands during holidays,
weekends, and vacation periods. Unfortunately, wildland residents and visitors are rarely
educated or prepared for wildfire events that can sweep through the brush and timber and destroy
property within minutes.
Wildfires can result in severe economic losses as well. Businesses that depend on timber, such
as paper mills and lumber companies, experience losses that are often passed along to
consumers through higher prices, and sometimes jobs are lost. The high cost of responding to
and recovering from wildfires can deplete state resources and increase insurance rates. The
14 Prescription burning, or “controlled burn,” undertaken by land management agencies is the process of igniting fires under selected conditions, in accordance with
strict parameters.
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economic impact of wildfires can also be felt in the tourism industry if roads and tourist attractions
are closed due to health and safety concerns.
State and local governments can impose fire safety regulations on home sites and developments
to help curb wildfire. Land treatment measures such as fire access roads, water storage, helipads,
safety zones, buffers, firebreaks, fuel breaks, and fuel management can be designed as part of
an overall fire defense system to aid in fire control. Fuel management, prescribed burning, and
cooperative land management planning can also be encouraged to reduce fire hazards.
Location and Spatial Extent
Wildfires remain a major hazard of concern throughout the State of Florida. According to the
Florida Division of Forestry, nearly 5 million acres have been burned across the state by wildfire
since 1981. This includes nearly 125,000 distinct fires, equating to an average wildfire size of 40
acres though many of the larger uncontrolled wildfires may burn hundreds of thousands of acres
before being suppressed. The leading causes have been wildfires in Florida have been identified
as lightning (particularly in the summer months), incendiary (arson), and debris burning.
Broward County is comprised of 1,197 square miles of land, of which 787 square miles lie within
the Everglades Conservation Area. Even though the Everglades are typically thought as of being
boggy or wet, a substantial part of the everglades is comprised of sawgrass and melaleuca trees
that can rapidly burn. Most fires in the Everglades are started by lightning, a very frequent
phenomenon in the Everglades, due to large thunderstorms that form inland. Other fires are
caused by improper burning at campfires, or arson.
The Florida Division of Forestry recently completed the development of the Florida Wildfire Risk
Assessment System (FRAS). The primary purpose of FRAS is to provide an automated tool for
Division staff, as well as other Florida fire specialists, to access and use a series of spatial map
data that has been compiled and derived to support operational staff in the future assessment
and management of wildland fire risk across the state. This data has been derived by a team of
fire experts and reflects the latest and most accurate data describing the wildland fire risk situation
based on burnable areas within Florida. Figure 4.12 illustrates the default FRAS data for Broward
County.
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Figure 4.12: Wildfire Risk Areas in Broward County
Source: Southern Wildfire Risk Assessment
According to FRAS, the municipalities in western Broward County are at greatest risk to wildfire.
They are Coral Springs, Miramar, Parkland, Pembroke Pines, Southwest Ranches, Sunrise,
Tamarac, and Weston.
While most of the Broward County municipalities are not likely to be heavily impacted directly by
wildfire, the secondary effects of smoke and ash pose significant threats to air quality throughout
the area. Human respiratory health is a related concern regarding wildfires occurring not only in
the county, but also elsewhere in south Florida.
Historical Occurrences
According to the Florida Division of Forestry, there have been over 21 significant fires in Broward
County since 1981 (burning 10,000 acres or more).
Most of these large wildfire events occur in the undeveloped, western portions of Broward County,
including the Everglades, and most have occurred during Broward County’s dry season which
extends from January through May. Common causes of wildfires within the county are drought,
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lightning, arson; carelessness by smokers; debris burning; equipment operation; and children
playing with matches.
Residential development within the past 10 years has encroached on environmentally sensitive
land, including the Everglades Conservation Area. The impact of wildfires in Broward County is
seen by reduced air quality, closure of roads, in particular Interstate 75 (Alligator Alley) which is
a main link with the west coast of Florida, and in some cases, fires can be a threat to residential
and business structure. Wildfires also potentially impact the Miccosukee and Seminole tribal
activities in the Everglades.
During May 2007, at least 233 fires burned roughly 100,000 acres in 52 of the 67 Florida Counties,
mostly in the northern, central, and southwest. Although most of the acreage burnt by these fires
occurred outside of Broward County, the county was blanketed with smoke. This resulted in the
closure of major roads and forced many people indoors. On May 9th, the Air Quality Index reached
an "unhealthy" range of 154, meaning that the air was unhealthy for sensitive people who have
asthma and heart disease. No significant wildfires have occurred in Broward County since 2007.
Probability and Extent of Future Events
The probability of future large wildfire events in western portions of Broward County is considered
“likely”, particularly during drought cycles and abnormally dry conditions in the Everglades. Of
more concern to Broward County emergency management officials are the smaller, more frequent
brush fires that ignite in pockets of undeveloped natural areas during periods of dry conditions
that are immediately adjacent to developed properties in the urban areas of the County. In the
future Broward County is likely to be impacted by significant wildfires that could burn over 10,000
acres or more.
Future Risk Conditions Influencing Wildfire
As discussed earlier in the drought subsection, climate change will likely bring periods of extended
drought and higher temperatures which would exacerbate the risk of wildfire in already vulnerable
areas.
Vulnerability Assessment
According to the 2011 State of Florida Wildfire Hazard Mitigation Plan Annex, the Florida Fire
Service (FFS) maintains a Fire Activity Report database that includes information on all wildfires
that FFS responded to dating back to 1980. According to these records, there have been 141,230
fires that have burned over 5 million acres in the past 30 years in Florida. The 2009 parcel data
remained the same for Broward County.
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Table 4.34: Estimated Number of Structures at Risk from Wildfire
Structure Type Number of
At-Risk Structures
Single-Family Homes 30,840
Mobile Homes 3,980
Multi-Family Homes 21,105
Commercial 1,420
Agriculture 418
Gov./Institutional 372
Total 58,135
Human Caused Hazards
Human caused hazards can affect localized or regional areas are often unpredictable, can cause
loss of life and property damage, and can significantly impact infrastructure in Broward County.
This section includes human caused hazards that pose the greatest risk in Broward County.
Human caused hazards are categorized as biological, societal, and technological. Hazards are
listed alphabetically by category.
Biological Hazards
Pandemic/Infectious Disease
Background
Infectious diseases are a constant threat to humanity. Societal, environmental, and technological
factors impact the occurrence and persistence of infectious diseases worldwide, as new diseases
(e.g., SARS, West Nile Virus) continue to emerge each year and old diseases reappear or evolve
into new drug-resistant strains (e.g., malaria, tuberculosis, bacterial pneumonias). Infectious
diseases can be carried by infected people, animals, and insects, and can also be contained
within commercial shipments of contaminated food.
Three terms are commonly used to classify disease impacts: endemic, epidemic, and pandemic.
An endemic is always present at a low frequency (e.g., chicken pox in the U.S.). An epidemic is
a sudden severe outbreak of disease (e.g., the bubonic plague during Medieval times), and a
pandemic is an epidemic that becomes very widespread and affects a whole region, a continent,
or the world (e.g., the 1957 flu pandemic caused at least 70,000 deaths in the U.S. and 1-2 million
deaths worldwide.). Fears of pandemic have risen in recent years as our globalized economy and
growing population fosters large scale international travel and trade. Also, growing populations
increases the vulnerability of all areas to disease as it can travel more quickly and creates difficulty
in preventing the spread of infection.
Location and Spatial Extent
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Disease impacts all areas of the world, and all areas are vulnerable. Third world countries have
fewer resources to fight disease and may be more vulnerable than more industrialized nations. In
the United States, the public health system works at the federal, state, and local levels to monitor
diseases, plan, and prepare for outbreaks, and prevent epidemics where possible. But, in the age
of air travel and worldwide shipping, it is becoming increasingly difficult to contain localized
outbreaks as infected or exposed people travel and work, sending the disease across the globe
in a matter of hours. Therefore, in an increasing globalized world, public health threats that are
not endemic to Florida can impact the region very quickly from halfway around the world.
Historical Occurrences
In early 2020, the Covid-19 pandemic in Broward County impacted businesses and governmental
operations. As of this 2022 ELMS update, while the numbers of hospitalized Covid
patients and deaths in the Broward County area have fallen, the test positivity rate remains high.
Since the beginning of the pandemic, a total of 766,482 cases have been reported. At least 1 in
290 residents have died of Covid-19 for a total of 6,735 reported deaths.
(Source: Communicable Disease Frequency Report, Florida Department of Health)
The Florida Department of Health and the Broward County Health Department maintain disease
surveillance for the County, reporting all known medical diagnoses of certain diseases. The
current list of reportable communicable diseases for 2022 is listed in Table 4.37 below.
Table 4.35: Broward County Communicable Disease Cases
Reportable Communicable Disease
Total
Reported
Cases
Percent of total county
population impacted*
Anaplasmosis 2 0.04%
Brucellosis 1 0.02%
Campylobacteriosis 241 5.17%
Carbon monoxide poisoning 9 0.19%
Ciguatera fish poisoning 4 0.09%
Coronavirus/COVID-19 1.071 0.54%
Creutzfeldt-Jakob Disease (CJD) 6 0.13%
Cryptosporidiosis 49 0.05%
Cyclosporiasis 21 0.45%
Giardiasis, acute 93 2.00%
Haemophilus influenzae invasive disease 24 0.52%
Hemolytic Uremic Syndrome (HUS) 1 0.02%
Hepatitis A 8 0.17%
Hepatitis B (pregnant women) 84 1.80%
Hepatitis B, Acute 39 0.84%
Hepatitis B, Chronic 529 11.35%
Hepatitis C, Acute 92 1.97%
Hepatitis C, Chronic (including perinatal) 879 18.86%
Lead Poisoning 212 4.55%
Legionellosis 32 0.69%
Listeriosis 2 0.04%
Malaria 6 0.13%
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Reportable Communicable Disease
Total
Reported
Cases
Percent of total county
population impacted*
Meningitis, bacterial or mycotic 5 0.11%
Meningococcal Disease 6 0.13%
Mercury Poisoning 1 0.02%
Mpox 710 15.24%
Mumps 1 0.02%
Pertussis 1 0.02%
Pesticide-related illness and injury, acute 1 0.02%
Rabies, animal 3 0.06%
Rabies, possible exposure 346 7.42%
Rocky Mountain spotted fever and spotted fever rickettsiosis 1 0.02%
Salmonella Paratyphi infection 2 0.04%
Salmonella Typhi infection 1 0.02%
Salmonellosis 898 19.27%
Shiga toxin-producing Escherichia coli (STEC) infection 93 2.00%
Shigellosis 149 3.20%
Streptococcus pneumoniae invasive disease 53 1.14%
Varicella (chickenpox) 38 0.82%
Vibriosis (excluding cholera and Vibrio vulnificus) 15 0.32%
Vibriosis (Vibrio vulnificus) 2 0.04%
Total: 4,661 100%
Source: Data Source: Communicable Disease Frequency Report, Florida Department of Health, 2022
Probability of Future Occurrences
Historical evidence shows that the population of Broward County is vulnerable to disease
outbreak, and it is probable that epidemics of infectious disease will impact Broward County in
the future warranting a probability level of likely. State and local public health officials maintain
surveillance in hopes of identifying disease prominence and containing potential threats before
they become epidemics.
Vulnerability Assessment
Estimated potential losses are difficult to calculate because infectious disease causes little
damage to the built environment and damages generally are experienced through public health
response and medical costs as well as lost wages by patients. Therefore, it is assumed that all
buildings and facilities are exposed to disease but would experience negligible damage in the
occurrence of an outbreak, but the costs to the public health sector for responding to an outbreak
as well as impact to humans may be great.
Hand washing is an effective means of preventing the spread of many diseases, including colds,
influenza, norovirus, and shigellosis. Increasing participation in immunization programs will help
decrease the vulnerability of some portions of the population to vaccine-preventable diseases.
Additional prevention measures continue to be taken in Broward County to limit exposure to insect
borne disease (Encephalitis, West Nile Virus, etc.), which primarily means limiting exposure to
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mosquitoes. Additional spraying of ponds, standing water, and neighborhoods is occurring
throughout Broward County to limit mosquito reproduction.
Societal Hazards
Active Shooter
Background
Active shooter describes the perpetrator of a type of mass murder marked by rapidity, scale,
randomness, and often suicide. The Federal Bureau of Investigation defines an active shooter as
"one or more individuals actively engaged in killing or attempting to kill people in a populated
area.", excluding self-defense, gang or drug violence, crossfire, and domestic disputes. The
United States Department of Homeland Security defines an active shooter as "an individual
actively engaged in killing or attempting to kill people in a confined and populated area; in most
cases, active shooters use firearms and there is no pattern or method to this selection of victims."
Most incidents occur at locations in which the killers find little impediment in pressing their attack.
Locations are generally described as soft targets that carry limited security measures to protect
members of the public. In most instances, the shooters die by suicide, are shot by police, or
surrender when confrontation with responding law enforcement becomes unavoidable. In
addition, active shooter events are often over in 10 to 15 minutes. In the past five years, Broward
County law enforcement, government officials, school employees, and residents have been
experiencing a heightened awareness of the possibility of an active shooter incident occurring in
a school or even at public venues. The emergence of an active shooter as a significant hazard
stem from the tragic event that occurred at Marjory Stoneman Douglas High School in Parkland
in 2018.
On February 14, 19-year-old Nikolas Cruz opened fire on students and staff at Marjory Stoneman
Douglas High School in Parkland, a suburb about 30 miles northwest of Fort Lauderdale,
murdering 17 people and injuring 17 others. Cruz, a former student at the school, fled the scene
on foot by blending in with other students, and was arrested without incident approximately one
hour later in nearby Coral Springs. The killing spree is the deadliest high school shooting in United
States history, surpassing the Columbine High School massacre that killed 15, including the
shooters, in Colorado in April 1999. In the aftermath of the shooting, students at Parkland founded
Never Again MSD, an advocacy group that lobbies for gun safety regulations. Governor Rick Scott
subsequently signed a bill that implemented new restrictions to Florida’s gun laws, and which also
allowed for the arming of teachers who are properly trained. The bill also provided funding for the
hiring of additional school resource officers. On October 20, 2021, Cruz pleaded guilty to all
charges, and on November 2, 2022, he was sentenced to life in prison without the possibility of
parole.
Probability and Extent of Future Events
The probability of this hazard occurring is highly likely.
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Mass Migration
Background
Mass migration is defined as large numbers of foreign refugees illegally entering into the United
States whether by air, land, or sea. The control of migration into the United States is entirely the
responsibility of the United States Department of Homeland Security (DHS). As necessary, DHS
will deploy resources and direct multi-agency operations to address a potential and full-scale
mass migration event in coordination with state and local agencies. Refugees will be processed
by the United States Immigration and Naturalization Service, and anyone who is denied entry but
remains in the United States will be classified as an illegal alien. Persons entering the United
States illegally, or entering through legal manner, such as under Visas etc., but overstay the
expiration of the Visa are also considered illegal aliens.
A large uncontrolled influx of immigrants has the potential of significantly disrupting the social and
economic stability of local communities by overwhelming the delivery of essential services such
as medical response and public safety. While the federal government has the primary
responsibility for assuming control of mass migration emergencies, Broward County may have to
provide basic care including shelter, food, water, medical, and other social services.
Mass migration events can have widespread and lasting social and economic impacts, including:
• Adverse impacts on the capacity of public schools, public hospitals, and other public
facilities to serve the resident population.
• Negative impacts on the wages and working conditions for the resident population.
• Medical costs for illegal immigrants unduly burden hospitals by having to deal with the
costs of unpaid medical bills.
• Increased numbers of children without health insurance.
• Contagious diseases that are generally considered to have been controlled in the
United States are readily evident along the border and entry points for migration.
Another concern with mass migration events is that many countries today are not willing to take
back deported citizens that have tried unsuccessfully to relocate to the United States.
Location and Spatial Extent
Generally, it is assumed that all of Broward County is uniformly exposed to mass migration, and
that the spatial extent of impact is large. The areas with the highest vulnerability to immediate and
direct mass migration impacts are the coastal municipalities as such an event would likely be
executed by sea.
Historical Occurrences
South Florida does have some history with mass migrations from the Caribbean basin, particularly
Cuba and Haiti.
April 15 – October 31, 1980 (Mariel boatlift)
The Mariel boatlift was a mass movement of Cubans who departed from Cuba's Mariel Harbor for
South Florida between April 15 and October 31, 1980. The boatlift was precipitated by a sharp
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downturn in the Cuban economy, leading to simmering internal tensions on the island and a bid
by up to 10,000 Cubans to gain asylum in the Peruvian embassy. The Cuban government
subsequently announced that anyone who wanted to leave could do so, and an impromptu
exodus organized by Cuban Americans with the agreement of Cuban President Fidel Castro was
underway. Soon after it was discovered that several the exiles had been released from Cuban
jails and mental health facilities, and the exodus was ended by mutual agreement between the
two governments in October 1980. By that time up to 125,000 Cubans had made the journey to
Florida in an estimated 1,700 boats that overwhelmed the U.S. Coast Guard. Upon arrival, many
Cubans were placed in refugee camps, while others were held in federal prisons to undergo
deportation hearings.
August – September 1994 (Cuban Raft Crisis)
On August 13, 1994, President Fidel Castro, in view of the increase in illegal Cuban sea exits
announced in a speech that from then on, he would retire the Cuban Frontier Guard from the
Cuban coasts and would allow anyone who wanted to leave the country to do so. He thereby
provoked the biggest raft crisis in the history of the continent, as tens of thousands of Cubans
headed by sea toward South Florida. When Florida’s Governor announced that the state could
not cope with the surge of arriving Cuban immigrants, President Clinton declared an immigration
emergency and ordered the interception of Cuban refugees and their transfer to “safe havens”
such as the U.S. Naval Base at Guantánamo Bay, Cuba. During this period a total of more than
32,000 Cuban citizens were intercepted on the high seas and transferred to Guantánamo.
Probability of Future Occurrences
As political unrest in South America and the Caribbean continues, there will always be people
wanting to immigrate to South Florida where there is an existing extensive network of people from
these countries in place. However, as the Department of Homeland Security (DHS) continues to
increase border patrols and tightens the security requirements for inbound vessels, the likelihood
of a mass migration seems less likely. The probability of future mass migration events in Broward
County is considered likely.
Vulnerability Assessment
South Florida is susceptible to mass migration events due to natural catastrophes and political
unrest in foreign countries, particularly Haiti and Cuba. Mass migration events involving tens of
thousands of immigrants have occurred several times within the last several decades. However,
due to more stringent border patrol by DHS the vulnerability of Broward County to such events is
limited to moderate.
Terrorism
Background
Information in this subsection borrows heavily from the FEMA, State, and Local Mitigation
Planning How-to Guide: Integrating Manmade Hazards into Mitigation Planning (FEMA
Publication 386-7). For the sake of brevity and consistency with other subsections of this risk
assessment, each individual element of terrorism is introduced in relatively abbreviated format.
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International and domestic terrorism remains a significant hazard of concern for most
communities across the United States, and is even more so following the attacks of September
11, 2001, in the City of New York and Washington, DC. According to the U.S. Department of
Justice, Federal Bureau of Investigation (FBI), “Terrorism is the unlawful use of force or violence,
or threatened use of force or violence, against persons and places for the purpose of intimidation
and/or coercing a government, its citizens, or any segment thereof for political or social goals.”
The FBI further characterizes terrorism as either domestic or international, depending on the
origin, base, and objectives of the terrorist organization; however, the origin of the terrorist or
person causing the hazard is far less relevant to mitigation planning than the hazard itself and its
consequences.
Terrorism can include computer-based (cyber) attacks and the use of weapons of mass
destruction (WMD) to include chemical, biological, radiological, nuclear, or explosive (CBRNE)
agents. However, within these general categories, there are many variations. Particularly in
biological and chemical weapons, there are a wide variety of agents and ways for them to be
disseminated.
The following types of terrorist attacks have been identified by FEMA as part of their guidance on
integrating manmade hazards into mitigation planning:
Armed Attack
This element of terrorism refers primarily to tactical assault or sniping from a remote location.
Arson/Incendiary Attack
Arson/incendiary attack refers to the initiation of fire or explosion on or near a target either by
direct contact or remotely via projectile.
Agriterrorism
Agriterrorism is the direct, typically covert contamination of food supplies or the introduction of
pests and/or disease agents to crops and livestock.
Biological Agent
Liquid or solid contaminants can be dispersed using sprayers/aerosol generators or by point or
line sources such as munitions, covert deposits, and moving sprayers.
Chemical Agent
Liquid/aerosol contaminants can be dispersed using sprayers or other aerosol generators; liquids
vaporizing from puddles or containers; or munitions.
Conventional Bomb/Improvised Explosive Device
This refers to the intentional detonation of an explosive device on or near a target with the mode
of delivery being via person, vehicle, or projectile.
Cyber-terrorism
Cyber-terrorism refers to electronic attack using one computer system against another.
Cyberthreat vectors inclusive of hacking for political, ideological, and reputational status
purposes, and for profit are constantly targeting private and governmental entities. The 2017
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ELMS update classified cyberthreats as an area for additional analysis and Broward County seeks
to collaborate with public and private partners such as Florida’s Agency for State Technology
(AST), the Florida Department of Law Enforcement (FDLE), the Multi-State Information Sharing
& Analysis Center (MS-ISAC), and the Southeast Florida Fusion Center for ongoing strategic
planning and training initiatives of cybersecurity policy and IT systems protection. Identified
Cyberthreats Include:
Malware: Short for Malicious software, is an umbrella term used to refer to a variety of forms
of hostile or intrusive software, including computer viruses, worms, trojan horses,
ransomware, spyware, adware, scareware, and other malicious programs. It can take the form
of executable code, scripts, active content, and other software. Malware is defined by its
malicious intent, acting against the requirements of the computer user - and so does not
include software that causes unintentional harm due to some deficiency. The majority of
malware is propagated through user-initiated actions such as clicking on a malicious link in a
spam e-mail or visiting a malicious or compromised website. In other instances, malware is
disseminated through advertising and drive-by downloads, which do not require user
engagement for the infection to be successful.
Ransomware: Ransomware is a type of malware that encrypts files on the infected
system/network (crypto ransomware), although a few variants are known to erase files or
block access to the system using other methods (locker ransomware). Once access to the
system is blocked, the ransomware demands a ransom in order to unlock the files, frequently
$200 - $3,000 in bitcoins, though other currencies and gift cards are occasionally reported.
Ransomware variants almost always opportunistically target victims, infecting an array of
devices from computers to smartphones.
Phishing / Spear Phishing: Phishing is the attempt to obtain sensitive information such as
usernames, passwords, and credit card details (and, indirectly, money), often for malicious
reasons, by disguising as a trustworthy entity in an electronic communication. Phishing is
typically carried out by email spoofing or instant messaging, and it often directs users to enter
personal information at a fake website, the look and feel of which are almost identical to the
legitimate one. Communications purporting to be from social web sites, auction sites, banks,
online payment processors or IT administrators are often used to lure victims. Phishing emails
may contain links to websites that are infected with malware. Spear Phishing involves social
engineering that targets a preidentified victim with details pertaining to the individual.
Denial-of-Service / Distributed Denial-of-Service: Is a cyber-attack where the perpetrator
seeks to make a machine or network resource unavailable to its intended users by temporarily
or indefinitely disrupting services of a host connected to the Internet. Denial of service is
typically accomplished by flooding the targeted machine or resource with superfluous
requests in an attempt to overload systems and prevent some or all legitimate requests from
being fulfilled. In a distributed denial-of-service attack (DDoS attack), the incoming traffic
flooding the victim originates from many different sources. This effectively makes it impossible
to stop the attack simply by blocking a single source.
SQL Injection: Is a code injection technique, used to hack data-driven applications, in which
nefarious SQL statements are inserted into an entry field for execution (e.g. to dump the
database contents to the attacker). SQL injection must exploit a security vulnerability in an
application's software. SQL injection is mostly known as an attack vector for websites but can
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be used to attack any type of SQL database. SQL injection attacks also allows attackers to
spoof identity, tamper with existing data, cause repudiation issues such as voiding
transactions or changing balances, allow the complete disclosure of all data on the system,
destroy the data or make it otherwise unavailable, and become administrators of the database
server.
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Intentional Hazardous Material Release
Solid, liquid, and/or gaseous contaminants may be intentionally released from either fixed or
mobile containers.
Nuclear Bomb
A nuclear device may be detonated underground, at the surface, in the air or at high altitude.
Radiological Agent
Radioactive contaminants can be dispersed using sprayers/aerosol generators, or by point or line
sources such as munitions, covert deposits, and moving sprayers.
Location and Spatial Extent
The location of terrorist attacks is unpredictable, though certain critical facilities and venues for
large public gatherings are usually considered to have more inherent vulnerability. With miles of
strip malls, about 7.5 million tourists visiting every year and a growing degree of diversity, many
say Broward County, and all South Florida, is an ideal place to keep a low profile. Some observers
say the county's growth and diversity have added a layer of anonymity for potential wrongdoers.
Others point to the proximity of Port Everglades in Fort Lauderdale and the Port of Miami, 2 of the
state's busiest ports, and the region's airports and flight schools.
Broward County, like most major metropolitan communities, has the potential to be a target of the
terrorist. The county has several sites that would be attractive to a terrorist based on location,
potential for publicity, and other targeting factors too numerous to mention here. The world is
shrinking, and geographical boundaries and proximity are no longer major factors. Terrorism and
drug-related crime have been linked in the past and the area has the potential to be a spawning
ground for these illegal and criminal activities, factors that increase risk. Broward County has a
population that is ethnically, racially, and economically diverse. While these factors, in and of
themselves are of no immediate concern, they can provide individuals and groups commonly
associated with terrorism, some degree of freedom to stage and conduct activities. Terrorists
have and will take advantage of these conditions to blend in when conducting their illegal
activities.
In the hours and days immediately following the terrorist events of September 11, 2001, attention
was focused on Broward County in South Florida, where it was suspected at least one of the
suicide hijackers, Mohammed Atta, had made his residence in the months prior to that fateful day.
Subsequent investigations revealed that at least 7 of the 19 men who crashed hijacked planes on
September 11 had spent time in the county.
The location and extent of the various types of terrorist attacks is briefly and generally described
below in terms of their effect on the physical environment.
Probability of Future Events
The probability of a future terrorist attack is likely due to the number of potential targets and the
current law enforcement efforts underway. The probability of future terrorist attacks is partially
monitored by the Department of Homeland Security through the Homeland Security Advisory
System. For more information on this system, visit http://www.whitehouse.gov/homeland/.
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Vulnerability Assessment
The U.S. Department of Justice and the Federal Bureau of Investigation have identified Broward
County as a highly volatile area for terrorism activity. There are areas in Broward that are more
likely to be targets for terrorism such as critical facilities, communication systems, water and
utilities, monuments, and areas where large groups congregate (e.g., stadiums, conventions,
worship areas).
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Technological Hazards
Hazardous Material Incident
Background
Hazardous material (HAZMAT) incidents can apply to fixed facilities as well as mobile,
transportation-related accidents in the air, by rail, on the Nation’s highways, and on the water.
Approximately 6,774 HAZMAT events occur each year, 5,517 of which are highway incidents,
991 are railroad incidents, and 266 are due to other causes (FEMA, 1997). In essence, HAZMAT
incidents consist of solid, liquid, and/or gaseous contaminants that are released from fixed or
mobile containers, whether by accident or by design as with an intentional terrorist attack. A
HAZMAT incident can last hours to days, while some chemicals can be corrosive or otherwise
damaging over longer periods of time. In addition to the primary release, explosions and/or fires
can result from a release, and contaminants can be extended beyond the initial area by persons,
vehicles, water, wind, and possibly wildlife as well.
Hazardous material incidents can include the spilling, leaking, pumping, pouring, emitting,
emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment
of a hazardous material, but exclude: (1) any release which results in exposure to poisons solely
within the workplace with respect to claims which such persons may assert against the employer
of such persons; (2) emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft,
vessel, or pipeline pumping station engine; (3) release of source, byproduct, or special nuclear
material from a nuclear incident; and (4) the normal application of fertilizer.
Location and Spatial Extent
A hazardous material incident can occur in a variety of locations and spatial extents. Some
incidents (such as a fuel spill) can occur in a small location and impact a small spatial extent.
Others, such as the release of toxic chemicals may occur from a small location or source but can
spread over large areas.
The Emergency Planning & Community Right-to-Know Act of 1986 (EPCRA) requires facilities
storing hazardous materials to report those substances annually to the State Emergency
Response Commission (SERC), the Local Emergency Planning Committee (LEPC), and local fire
departments. There are hundreds of such facilities located throughout Broward County, though
many do not store substances or quantities of such that are considered extremely hazardous. Of
greater concern to the emergency management community are those facilities that use or produce
toxic chemicals above specific thresholds that pose major threats to human life and safety. These
include Toxics Release Inventory (TRI) facilities as discussed further under Vulnerability
Assessment. In Broward County there are a total of 130 TRI facilities, most of which are shown
on Map 4.17.
Broward County is not only vulnerable to hazardous materials at fixed hazardous material sites
but also along key transportation corridors such as Interstate 95, the Florida Turnpike, and the 2
major rail lines that transverse the County. According to the CSX Transportation’s report,
Hazardous Materials Density Study for Broward County, 2006, the topmost transported products
via rail system are Sodium Hydroxide Solution, Chorine, Liquefied Petroleum Gases, and
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Petroleum Distillates. There are also 3 underground petroleum pipelines that service Miami
International, Homestead, and Ft. Lauderdale International Airports.
One of the most vulnerable locations for hazardous materials incidents is Port Everglades. Port
Everglades seaport is the world's third largest cruise-port. About 2.5 million passengers were
accommodated at the Port in 2020. On average between 2011 to 2019 Port Everglades
accommodated 3.8 million passengers. In FY 21, The dollar value breakdown of all cargo types
of Port-wide trade was nearly equal with exports representing 49.9% and import representing
50.1%. Port Everglades kicked off Fiscal Year 2022, which began October 1, 2021, with a record-
setting first month reaching 94,588 TEUs (20-foot equivalent units. Container volumes were up
5.5 percent in October 2021 over the previous October record set in 2018. Revenue from
petroleum products accounts for nearly 25% of the Port’s total revenue. Some 18 counties in
Florida are directly reliant on this source of petroleum products.
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Map 4.17: Toxic Release Inventory (TRI) Sites
Source: US Environmental Protection Agency 2022 TRI Basic Data Files
Historical Occurrences
Broward County averages about 1 reported hazardous material incident every 3 weeks. These
incidents may be a tanker rollover or other accidental releases of substances during transport.
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Slightly more than 70% of the hazardous material releases involve petroleum. The most frequently
released non-petroleum-based chemicals are ammonia and chlorine.
Probability of Future Events
Due to the continuous presence of hazardous materials being transported or stored in and around
Broward County, hazardous materials incidents of varying magnitudes are considered highly likely
future events.
Vulnerability Analysis
The Toxics Release Inventory (TRI) is a publicly available database from the U.S. Environmental
Protection Agency (EPA) that contains information on toxic chemical releases and other waste
management activities reported annually by certain covered industry groups as well as federal
facilities. This inventory was established under the Emergency Planning and Community Right-
to-Know Act of 1986 (EPCRA) and expanded by the Pollution Prevention Act of 1990. Each year,
facilities that meet certain activity thresholds must report their releases and other waste
management activities for listed toxic chemicals to EPA and to their state or tribal entity. A facility
must report if it meets the following three criteria:
• The facility falls within one of the following industrial categories: manufacturing; metal
mining; coal mining; electric generating facilities that combust coal and/or oil; chemical
wholesale distributors; petroleum terminals and bulk storage facilities; RCRA Subtitle C
treatment, storage, and disposal (TSD) facilities; and solvent recovery services.
• Has 10 or more full-time employee equivalents
• Manufactures or processes more than 25,000 pounds or otherwise uses more than 10,000
pounds of any listed chemical during the calendar year. Persistent, bio accumulative and
toxic (PBT) chemicals are subject to different thresholds of 10 pounds, 100 pounds, or 0.1
grams depending on the chemical.
For fixed site analysis, only toxic sites that have georeferenced data available were analyzed and
the circle buffers are drawn around each hazardous material site. 2 sizes of buffers, 500 and
2,500 meters are assumed in respect to the different levels of effect-- immediate (primary) and
secondary. For mobile analysis, the major roads (Interstate highway, US highway, State highway)
and railroads are chosen to be the routes where hazardous material is allowed. The buffer along
the roads is drawn with the same size as fixed site analysis. Census block data was used to
estimate exposure.
Table 4.38 shows estimated toxic release exposure of people and buildings by jurisdiction for
fixed sites using census block data, while Table 4.39 shows the result for mobile site toxic release.
Primary and secondary impact sites were selected based on guidance from FEMA Publication
#426 (Reference Manual to Mitigate Potential Terrorist Attacks Against Buildings) and
professional engineering judgment. Because many sites containing hazardous materials are in
densely populated areas, there are population and structures that could be susceptible to a
release from more than 1 site. In some jurisdictions, the number of people and property has been
counted more than once to account for their susceptibility to multiple potential toxic releases.
Therefore, the number of people and structures that could potentially be impacted may appear to
exceed the total number or value of structural units and total population by jurisdiction.
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Table 4.36: Estimated Exposure of People and Buildings by Jurisdiction (Fixed
Site Toxic Release)
Jurisdiction
Immediate (Primary) Impact Secondary Impact
Number
People at
Risk
Number of
Buildings
at Risk
Value of
Buildings at
Risk
Number
People at
Risk
Number
of
Buildings
at Risk
Value of
Buildings at
Risk
Coconut Creek 0 0 $0 15,287 3,952 $1,093,314,447
Cooper City 0 0 $0 0 0 $0
Coral Springs 4,222 1,018 $301,346,504 35,606 11,649 $2,742,053,616
Dania Beach 1,113 668 $204,351,779 21,178 9,393 $2,134,792,947
Davie 0 0 $0 4,573 2,440 $701,481,325
Deerfield Beach 9,353 1,961 $1,120,009,400 51,911 15,824 $4,448,959,176
Fort Lauderdale 11,212 4,759 $2,652,504,621 123,450 45,566 $18,762,613,213
Hallandale Beach 0 0 $0 0 0 $0
Hillsboro Beach 0 0 $0 0 0 $0
Hollywood 4,615 2,177 $542,352,933 72,447 27,436 $6,384,248,787
Lauderdale-By-The-Sea 0 0 $0 0 0 $0
Lauderdale Lakes 154 63 $23,765,544 3,945 1,311 $213,447,602
Lauderhill 0 0 $0 382 214 $19,833,531
Lazy Lake 0 0 $0 75 31 $2,867,225
Lighthouse Point 0 0 $0 2,212 821 $270,046,908
Margate 0 0 $0 56 20 $2,695,446
Miramar 2,455 826 $450,554,441 38,698 13,289 $3,924,123,469
North Lauderdale 99 54 $23,126,107 511 176 $49,384,601
Oakland Park 3,719 1,252 $283,831,547 37,782 13,164 $2,474,434,020
Parkland 0 0 $0 422 332 $174,843,394
Pembroke Park 0 0 $0 318 140 $31,266,729
Pembroke Pines 1,797 670 $127,936,540 16,978 4,931 $1,231,619,120
Plantation 0 0 $0 247 110 $29,185,980
Pompano Beach 5,075 1,450 $1,371,996,575 52,807 13,734 $5,819,120,030
Sea Ranch Lakes 0 0 $0 0 0 $0
Southwest Ranches 0 0 $0 0 0 $0
Sunrise 0 0 $0 0 0 $0
Tamarac 710 290 $121,555,644 2,102 731 $307,341,280
Broward Municipal Services Districts 807 330 $43,529,894 10,052 3,789 $296,934,041
West Park 0 0 $0 1,316 643 $82,046,605
Weston 0 0 $0 0 0 $398,199
Wilton Manors 0 0 $0 10,437 3,832 $890,702,030
TOTAL 45,330 15,520 $7,266,861,530 502,790 173,527 $52,087,753,720
Source: Broward County Property Appraiser and Hazus-MH MR3
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Table 4.37: Estimated Exposure of People and Buildings by Jurisdiction (Mobile Site TRI)
County
Immediate (Primary) Impact Secondary Impact
Number
People at
Risk
Number
of
Buildings
at Risk
Value of
Buildings at Risk
Number
People
at Risk
Number
of
Buildings
at Risk
Value of Buildings
at Risk
Coconut Creek 33,417 10,859 $2,681,134,650 45,753 11,701 $3,061,603,270
Cooper City 11,944 4,759 $827,267,090 30,324 11,860 $1,943,657,150
Coral Springs 53,193 18,016 $4,829,695,700 118,703 31,655 $8,134,798,700
Dania Beach 21,041 9,157 $2,146,967,360 22,493 7,704 $1,878,435,580
Davie 43,128 17,434 $4,911,733,240 72,125 25,955 $6,711,031,880
Deerfield Beach 65,918 21,755 $5,746,695,970 71,708 18,500 $5,161,599,440
Fort Lauderdale 145,839 52,081 $24,307,175,720 174,407 46,963 $22,130,694,710
Hallandale Beach 27,471 6,629 $3,809,116,360 32,437 5,574 $3,836,691,130
Hillsboro Beach 1,947 337 $874,503,810 1,947 283 $810,574,300
Hollywood 106,966 38,547 $9,785,340,920 137,407 39,957 $10,029,588,340
Lauderdale-By-The-Sea 6,427 2,192 $2,102,941,510 6,427 1,575 $1,739,928,950
Lauderdale Lakes 22,813 3,868 $1,158,439,200 27,809 4,232 $1,152,461,750
Lauderhill 49,604 10,116 $2,197,719,300 66,051 11,554 $2,492,601,430
Lazy Lake 102 47 $4,145,050 118 38 $4,107,550
Lighthouse Point 9,733 4,647 $1,362,148,460 11,028 4,489 $1,261,700,120
Margate 22,943 7,520 $1,277,732,100 50,439 13,866 $2,296,212,030
Miramar 47,227 17,475 $5,235,872,030 76,220 26,478 $7,475,638,380
North Lauderdale 8,644 2,797 $403,375,520 36,656 9,432 $1,260,435,790
Oakland Park 34,108 12,609 $2,494,719,440 42,547 11,631 $2,473,754,560
Parkland 6,961 3,167 $1,695,072,100 13,254 5,261 $2,682,321,260
Pembroke Park 2,055 566 $118,884,600 6,527 2,906 $404,154,300
Pembroke Pines 80,205 27,794 $7,451,109,490 130,899 40,848 $10,247,846,250
Plantation 43,468 15,451 $4,271,908,620 83,575 26,821 $6,803,128,100
Pompano Beach 86,547 26,114 $9,808,804,590 96,834 22,747 $8,981,181,420
Sea Ranch Lakes 805 360 $142,788,670 805 258 $110,763,020
Southwest Ranches 934 325 $747,880,580 1,266 358 $890,133,450
Sunrise 25,072 7,805 $1,899,288,370 86,466 22,356 $5,308,400,300
Tamarac 25,873 8,432 $1,981,329,900 52,060 15,087 $3,283,696,510
Broward Municipal Services Districts 35,913 14,135 $759,483,820 57,590 20,754 $1,106,396,610
West Park 11,074 3,992 $351,459,380 14,328 4,196 $331,537,990
Weston 15,794 6,191 $3,059,188,670 39,508 14,589 $6,490,572,820
Wilton Manors 11,370 4,410 $1,017,041,510 12,617 3,475 $941,493,080
TOTAL 1,058,644 359,603 $109,460,963,730 1,620,434 463,119 $131,437,140,170
Source: Broward County Property Appraiser and Hazus-MH MR3
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Conclusions on Hazard Risk
The findings presented in this section were developed using best available data, and the methods
applied have resulted in an approximation of hazard risk. These approximations should be used
to understand relative hazard risk and the potential losses that may be incurred. However,
uncertainties are inherent in risk assessment methodology, arising in part from incomplete
scientific knowledge concerning specific hazards and their effects on the built environment and
from assumptions or generalities that are necessary in order to provide a comprehensive analysis
and overview of hazard risk for large planning areas.
The hazard identification and risk assessment completed for Broward County is principally a
qualitative assessment as recommended by FEMA in its “How-to” guidance document entitled
Understanding Your Risks: Identifying Hazards and Estimating Losses (FEMA Publication 386-
2). It relies heavily on historical and anecdotal data, stakeholder input, and professional and
experienced judgment regarding expected hazard impacts. It also carefully considers the findings
in other relevant plans, studies, and technical reports.
However, when possible, conclusions on hazard risk for Broward County are also driven by
quantitative loss estimation using best available data and technology, including the use of Hazus-
MH and the statistical risk assessment methodology (further described in the “risk assessment
methods” section of this chapter). These quantitative risk assessment approaches are useful for
estimating the potential future impact of hazard occurrences in Broward County and each of its
municipalities. The results of the quantitative assessment are made even more meaningful when
combined with other qualitative information made available through the qualitative assessment,
as has been done throughout this chapter and in Chapter 5.
To draw some meaningful planning conclusions on hazard risk for Broward County, the results of
the combined risk assessment process were used to generate hazard profiles according to a
“Priority Risk Index” (PRI). The purpose of the PRI, described further below, is to categorize and
prioritize all potential hazards for Broward County as high, moderate, or low risk.
Priority Risk Index
The prioritization and categorization of identified hazards for Broward County is based principally
on the Priority Risk Index (PRI), a tool used to measure the degree of risk for identified hazards
in a particular planning area. The PRI is used to assist the Broward County Mitigation Task Force
in gaining consensus on the determination of those hazards that pose the most significant threat
to Broward County based on a variety of factors. The PRI is by no means scientific but is rather
meant to be utilized as an objective planning tool for classifying and prioritizing hazard risks in
Broward County based on standardized criteria. Combined with the inventory of local assets and
critical facilities, the hazard profiles generated using the PRI allows for the prioritization of those
high hazard risks for mitigation planning purposes, and more specifically, the identification of
hazard mitigation opportunities for the Broward County Mitigation Task Force to consider as part
of its proposed mitigation strategy.
The application of the PRI results in numerical values that allow identified hazards to be ranked
against one another (the higher the PRI value, the greater the hazard risk). PRI values are
obtained by assigning varying degrees of risk to 5 categories for each hazard (probability, impact,
spatial extent, warning time, and duration). Each degree of risk has been assigned a value (1 to
4) and an agreed upon weighting factor, as summarized in Table 4.40. To calculate the PRI value
for a given hazard, the assigned risk value for each category is multiplied by the weighting factor.
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The sum of all 5 categories equals the final PRI value, as demonstrated in the example equation
below:
PRI VALUE = [(PROBABILITY x .30) + (IMPACT x .30) + (SPATIAL EXTENT x .20) +
(WARNING TIME x .10) + (DURATION x .10)]
Table 4.38: PRI Category
According to the weighting scheme applied for Broward County, the highest possible PRI value
is 4.0. Prior to being finalized, PRI values for each identified hazard were reviewed and accepted
by the Broward County LMS Working Group.
PRI Results
Table 4.41 summarizes the degree of risk assigned to each category for all initially identified
hazards based on the application of the PRI. Assigned risk levels were based on the detailed
Degree of Risk Assigned
Weighting
Factor Level Criteria Index
Value
Probability
Unlikely Less than 1% annual probability 1
30% Possible Between 1 and 10% annual probability 2
Likely Between 10 and 100% annual probability 3
Highly Likely 100% annual probability 4
Impact
Minor
Very few injuries, if any. Only minor property damage and
minimal disruption on quality of life. Temporary shutdown of
critical facilities.
1
30%
Limited
Minor injuries only. More than 10% of property in affected
area damaged or destroyed. Complete shutdown of critical
facilities for more than one day.
2
Critical
Multiple deaths/injuries possible. More than 25% of property
in affected area damaged or destroyed. Complete shutdown
of critical facilities for more than 1 week.
3
Catastrophic
High number of deaths/injuries possible. More than 50% of
property in affected area damaged or destroyed. Complete
shutdown of critical facilities for 30 days or more.
4
Spatial
Extent
Negligible Less than 1% of area affected 1
20% Small Between 1 and 10% of area affected 2
Moderate Between 10 and 50% of area affected 3
Large Between 50 and 100% of area affected 4
Warning
Time
More than 24 hours Self explanatory 1
10% 12 to 24 hours Self explanatory 2
6 to 12 hours Self explanatory 3
Less than 6 hours Self explanatory 4
Duration
Less than 6 hours Self explanatory 1
10% Less than 24 hours Self explanatory 2
Less than 1 week Self explanatory 3
More than 1 week Self explanatory 4
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hazard profiles developed for this section. The results were then used in calculating PRI values
and making final determinations for the risk assessment.
Table 4.39: Hazards
Category/Degree of Risk
Probability Impact Spatial Extent Warning Time Duration PRI Score
Atmospheric Hazards
Extreme Heat Likely Critical Large More than 24 hours Less than 1week 2.3
Severe Storm Highly Likely Critical Moderate Less than 6 hours Less than 6 hours 2.8
Tornado Highly Likely Critical Moderate Less than 6 hours Less than 6 hours 2.3
Tropical Cyclone Likely Catastrophic Large More than 24 hours Less than 1 week 3.2
Hydrologic Hazards
Coastal Erosion Likely Minor Small More than 24 hours More than 1 week 1.9
Drought Possible Minor Large More than 24 hours More than 1 week 2.1
Flood Highly Likely Critical Moderate More than 24 hours Less than 1 week 2.7
Sea Level Rise/Climate
Change Likely Critical Large More than 24 hours More than 1 week 2.2
Other Natural Hazards
Wildfire Likely Limited Moderate 6 to 12 hours Less than 1 week 1.9
Biological Hazards
Pandemic/Infectious
Disease Possible Critical Moderate More than 24 hours More than 1 week 2.7
Societal Hazards
Mass Migration Possible Minor Small More than 24 hours More than 1 week 2.0
Terrorism Possible Critical Moderate 6-12 hours Less than 24 hours 2.3
Active Shooter Possible Critical Small Less than 6 hours Less than 24 hours 2.4
Technological Hazards
Hazardous Material
Incident Highly Likely Limited Small 6-12 hours Less than 24 hours 2.4
Cyber Possible Critical Large More than 24 hours Less than 1 week 2.5
Final Determinations
The conclusions drawn from the risk assessment process for Broward County, including the PRI
results and input from the Broward County Local Mitigation Strategy Working Group, the
municipalities, and the public, resulted in the classification of risk for each identified hazard
according to three categories: High Risk, Moderate Risk, and Low Risk (Table 4.42). It should be
noted that although some hazards are classified as posing low risk, their occurrence of varying or
unprecedented magnitudes is still possible in some cases and will continue to be reevaluated
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during future updates. This table was reviewed during this 2022 ELMS revision and the results
were confirmed.
Table 4.40: Conclusions on Hazard Risk for Broward County
HIGH RISK
Tropical Cyclone
Flood
Severe Storm
Tornado
Hazardous Material Incident
Sea Level Rise / Climate
Change
Extreme Heat
MODERATE RISK
Wildfire
Pandemic/Infectious Disease
Terrorism
Cyber
Drought
Coastal Erosion
LOW RISK Mass Migration
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Chapter 5 – Mitigation Initiatives
As an initial step in the development of the ELMS, it is necessary to determine what hazard
mitigation initiatives are currently underway in the County or planned for the immediate future to
establish a baseline of known governmental activities to improve the county’s resistance to the
impact of disasters. This activity assists the Working Group in establishing its goals and
objectives.
Existing Mitigation Initiatives
To complete an inventory of existing and planned initiatives, Broward County’s LMS Planning
Subcommittee met and worked with stakeholders to gather information regarding initiatives being
implemented or planned by local governments in the county. The Planning Subcommittee through
a Survey Monkey soliciting information as well as communications internally within the
municipalities yielded the information needed to determine existing and future initiatives. A LMS
survey form was given to each municipal LMS Working Group member as well as being
disseminated to the public for each municipality. Now being more familiar with the definition of
mitigation and having ownership in the survey instrument, all the municipalities answered in more
detail about mitigation practices. Review of mitigation initiatives throughout Broward County is an
ongoing effort.
Broward County and its current 31 municipalities and the Seminole Tribe of Florida participate in
a full range of federal, state, and local mitigation programs and initiatives. These programs and
initiatives include the LMS, the Community Rating System (CRS), the National Flood Insurance
Program (NFIP), Flood Mitigation Assistance Program (FMA), Pre-Disaster Mitigation Program
(PDM), Hazard Mitigation Grant Program (HMGP), Emergency Management & Assistance
Program (EMPA), Citizen Corp, Continuity of Operations Plan (COOP), Continuity of Government
(COG) Plan, ESF#18 – Business and Industry, Broward Recovery Plan and the Broward
Comprehensive Emergency Management Plan. The overarching purpose of these activities is
the elimination or reduction of hazards presenting significant risk to the county and its residents.
Pre-disaster activities will be coordinated through the LMS Working Group (LMSWG). The LMS
Coordinator will be the Liaison between the Working Group and the State. For post-disaster
activities, the Recovery Manager will liaise with the State mitigation staff and if applicable, the
Joint Field Office (JFO), formerly called the Disaster Field Office (DFO).
Some municipalities have proposed no or reduced building permit fees for shuttering of residential
structures and related upgrades that are considered mitigation actions, provided that the action
meets the South Florida Building Code. All building activity in Broward County (both new
construction and renovations) must meet the South Florida building code, which is more stringent
than the building code in the rest of the state.
A major mitigation priority of the LMS is the tracking and reduction of repetitive flood loss
properties. The county and its CRS participating municipalities track repetitive loss properties
county-wide on an ongoing basis using data gathered annually from FEMA and the State (See
Chapter 4, “Flood” subsection). For mitigation planning and strategy development purposes, the
LMS maintains updated GIS maps and informational databases of repetitive loss property
locations relative to historical flood areas and designated Special Flood Hazard Areas (SFHA).
Repetitive loss properties are an ongoing discussion and planning priority for the LMS. In the
future, a Flood/CRS technical subcommittee will be established to address these issues. The
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subcommittee is envisioned to be comprised of public and private sector representatives and will
be encouraged to develop and promote mitigation project ideas and strategies.
Building Permitting Activities
The Planning Committee of the LMS Working Group was given the task of determining where
mitigation measures are being applied to residential and commercial properties to serve as a
benchmark for the LMS. It was determined to be too time consuming for each community to gather
information and write a report on behalf of the Working Group. A survey instrument was developed
to be filled out by each individual applicant as they apply for a permit in each municipality as part
of the permitting process. The completed permit survey forms are gathered by each municipality
and submitted to Broward County Emergency Management on a semi-annual basis. An annual
report of all mitigation activity will then be compiled.
Capability Assessment
The mitigation strategy serves as a vital link between the risk described in the Risk and
Vulnerability Assessment and the ultimate action outcomes of the plan and planning process. A
necessary intermediary step is a understanding of the presence of the resources, laws, and
programs that help implement mitigation actions. This step is known as the capability assessment
and it’s basis in the current regulations is 44 CFR 201.6(c)(3):
3) A mitigation strategy that provides the jurisdiction's blueprint for reducing the potential
losses identified in the risk assessment, based on existing authorities, policies, programs
and resources, and its ability to expand on and improve these existing tools.
“Future Mitigation Initiatives”, found later in Chapter 6, outlines actions to expand on and improve
existing tools. Some of the information below is detailed in other parts of the plan. It is
summarized (and referenced) below to provide an overview of the authorities, policies, programs
and resources (which includes committees, tools, laws and funding sources) that make mitigation
possible on an on-going, not just post-disaster, basis in Broward County:
Funding programs
See “Funding Sources” found later in this Chapter.
County programs
• Broward County Risk Management Division – This division for the Broward County Board
of County Commissioners is responsible for administering the County’s self-insurance
program for workers’ compensation, general liability, automobile liability, and property
damage claims. Broward County’s purchased insurance program includes the
procurement of property insurance which in 2011-2012 was Factory Mutual (FM) Global.
The Division’s mission is to continuously develop, manage, and improve insurance and
safety/occupational health services in order to provide quality, cost-effective support to its
customers and to protect the County’s financial well-being.
o The County has a deductible of $100,000,000 for its property and FM Global
generally requires protection up to a Category 3 windstorm for properties it insures.
Planning policies and Laws
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• Land Use Plan - The Broward County Planning Council is charged with the responsibility
of preparing a county-wide land use plan under the Charter of Broward County, Florida.
The Charter requires all local land use plans within the County to conform to the Broward
County Land Use Plan. The Land Use Plan establishes the framework for the future
development and redevelopment of Broward County and for the provision of facilities and
services within the County. All development must be consistent with the uses, the
densities and the intensities of this policy plan.
o Objective 1.05.00 – Coastal Densities and Hurricane Evacuation: Consider
appropriate densities in coastal areas with regards to Broward County hurricane
evacuation clearance standards
o Objective 8.03.10 – Encourages municipalities to prepare flexible land
development codes and regulations that address negative drainage pattern
impacts caused by impervious surface area of redevelopment/infill activities.
o Objective 8.08.00 – Post-Disaster Redevelopment and Hazard Mitigation: 1)
Inventory hazard-prone properties and encourage building codes and
development regulations that reduce future property damages and losses [see
Chapter 7 for suggestions for future changes]. 3) Encourage acquisition or
redevelopment of hazard prone property to avoid future damages.
o Objective 9.07.00 – Protect Areas Subject to Seasonal or Periodic Flooding
(identified floodplains): Includes requirements that redevelopment address existing
flood problems.
• See “Plan Integration Efforts” in Appendix H for more information about how mitigation is
integrated into other community plans including the County’s Comprehensive Plan (which
is only pertinent to the Broward Municipal Services District unincorporated parts of the
County).
Building codes
• State of Florida Building Code - Broward County and South Florida have probably the
most restrictive wind protection building code standards in the nation. Broward County
must comply with the State of Florida Building Code, revised in 2010, which has the
following wind protection requirements (effective March 12, 2012):
o Ultimate Design Wind Speed is 170 miles per hour but for residential structures,
the design pressures that the wind protection products are required to meet
virtually stays the same as the 2007 code which for Broward was 140 miles per
hour for the 3-second gust. All of Broward County is in the Wind-Borne Debris
Region of the state.
o Exposure Category (used to describe area around building): C. This category is
the most second stringent standard in Florida. Areas affected by wind over open
water that extends 5000 feet or 20 times the height of the building in the upwind
direction are in Exposure Category D, the most stringent standard.
o Building Risk Categories requirements for Broward (Ultimate Design Wind Speed):
Risk Category I Buildings and Structures: 156 mph
Risk Category II Buildings and Structures: 170 mph
Risk Category III and IV Buildings & Structures: 180 mph
o Building Risk Categories are the following:
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I - Buildings and other structures that represent a low hazard to human life
in the event of failure, including but not limited to agricultural, minor storage
and certain types of temporary facilities.
II – Buildings/structures not listed in I, III and IV which is most residential
and commercial buildings.
III - Buildings and other structures that represent a substantial hazard to
human life in the event of failure. A few examples include:
• Buildings and other structures whose primary occupancy is public
assembly with an occupant load greater than 300.
• Buildings and other structures containing elementary school,
secondary school or day care facilities with an occupant load
greater than 250.
• Power-generating stations, water treatment facilities for potable
water, wastewater treatment facilities and other public utility
facilities not included in Occupancy Category IV
IV - Buildings and other structures designated as essential facilities. A few
examples include:
• Fire, rescue, ambulance and police stations and emergency vehicle
garages.
• Designated earthquake, hurricane or other emergency shelters.
• Designated emergency preparedness, communications and
operations centers and other facilities required for emergency
response.
• Aviation control towers, air traffic control centers and emergency
aircraft hangars.
• Water storage facilities and pump structures required to maintain
water pressure for fire suppression.
• The Building Code Effectiveness Grading Schedule (BCEGS®) - Assesses the building
codes in effect in a particular community and how the community enforces its building
codes, with special emphasis on mitigation of losses from natural hazards. The concept
is simple: municipalities with well-enforced, up-to-date codes should demonstrate better
loss experience, and insurance rates can reflect that. The prospect of lessening
catastrophe-related damage and ultimately lowering insurance costs provides an incentive
for communities to enforce their building codes rigorously — especially as they relate to
windstorm and earthquake damage. Several Broward municipalities participate in the
BCEGS rating system. In 2011, Broward Municipal Services District unincorporated
Broward County, Lazy Lake, Hillsboro Beach and Lauderdale-By-The-Sea retained a 10%
insurance discount because the Broward County Permitting Section of the Permitting,
Licensing and Consumer Protection Division maintained its BCEGS rating.
Floodplain management/Flood insurance/Drainage
NFIP participation – As of April 2020, 31 out of 31 of Broward County’s municipalities
participate in the NFIP as well as the County itself and the Seminole Tribe which is partially
located in Broward County. https://www.fema.gov/cis/FL.pdf
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CRS participation – As of October 1, 2022, 24 of 31 Broward County’s municipalities
participate in the CRS program. The Broward’s Municipal Services District (BMSD) also
participates.
Drainage responsibilities - Responsibility for canal and lake maintenance (storm water
management systems) in most developments is that of the homeowners association. There are
24 independent and dependent districts that have jurisdiction over water related issues and
several cities actively manage surface waters in their jurisdictions (e.g., South Broward Drainage
District, Central Broward Water Control District). The Broward County Water Management
Division has responsibility for seven dependent drainage districts and the Broward Municipal
Services District unincorporated neighborhoods not within an independent drainage district.
Permitting is done by the independent drainage districts in their districts and by Broward County
Department of Planning and Environmental Protection (DPEP) for areas outside of the
independent districts. SFWMD permits the larger developments throughout the County.
(http://gis.broward.org/maps/webPDFs/EnvironmentalMaps/draindistrict.pdf)
Overarching and Collaborative partnerships
• Climate Change Task Force – On June 24, 2008, the Broward County Board of County
Commissioners approved Resolution 2008-442, creating a Climate Change Task Force to
develop recommendations for a coordinated county-wide strategy in mitigating the causes,
and addressing the local implications, of global climate change. Members of the Task
Force are appointed by the Board and other appointing authorities and are supported by
County staff. The Task Force meets quarterly, receives reports and presentations on
climate issues, and makes recommendations to the Board of County Commissioners.
o Key responsibility related to hazard mitigation include “the development and
implementation of adaptation strategies to alleviate the likely adverse
consequences of climate change including rising sea levels, hurricanes and other
violent weather events.”
o The Climate Change Task Force oversees the development and update of the
County-wide Climate Change Action Plan (2010, 2015, and 2020).
• Climate Change Government Operations Work Group - The Broward County Climate
Change Work Group, which includes representatives from many county agencies, works
to identify potential emission reduction strategies and propose implementation of selected
actions.
• Southeast Florida Regional Climate Change Compact - Represents a joint commitment of
Broward, Miami-Dade, Palm Beach and Monroe Counties to partner in cutting greenhouse
gas emissions and adapting to climate impacts. The Compact was formalized following
the 2009 Southeast Florida Climate Leadership Summit, when elected officials came
together to discuss challenges and strategies for responding to the impacts of climate
change. The Compact outlines a collaborative effort to participate in a Regional Climate
Team toward the development of a Southeast Florida Regional Climate Change Action
Plan. Among the actions the Compact takes related to hazard mitigation are:
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o Three iterations (2012, 2015, and 2020) of a Regional Unified Sea Level Rise
Projection – partnered with many agencies and experts, including SFWMD.
o Completion of a regional vulnerability assessment.
o Three iterations (2012, 2017, and 2022) of a Regional Climate Action Plan, which
includes a chapter on Risk Reduction and Emergency Management.
o Policy positions in the Compact’s annual State and Federal Legislative Policies
and Priorities documents pertaining to hazard mitigation.
o Successful advocacy that led the Florida Legislature to create Adaptation Action
Areas, a planning designation that allows local governments to focus adaptation
improvements in areas of increased risk of inundation due to sea level rise.
• Broward Surface Water Coordinating Council – This group is primarily composed of the
SFWMD and local drainage districts. Broward County EMD officials have started
attending these meetings to participate in discussions about drainage and public works
needs.
• Enhanced Local Mitigation Strategy –Broward County has a currently approved ELMS
and its efforts to enhance it were completed by September 2017. This effort for the 5-year
required update is expected to be completed, approved and adopted by March 2018.
• South Florida Regional Planning Council – Oversees larger issues affecting the four
counties in the South Florida area (Monroe, Miami-Dade, and Broward). As of May 2012,
the SFRPC is investigating the possibility of conducting a regional economic analysis
using modeling software from Regional Economics Modeling, Inc. Also acquires and
maintains important economic and demographic data. The Council regularly reviews local
government comprehensive plans and plan amendments for consistency with the
Strategic Regional Policy Plan (SRPP). Local governments amend their plans regularly to
adjust to changing conditions. Plan and plan amendments are reviewed to determine
compatibility with the SRPP and for extra-jurisdictional impacts.
• LEED for Cities and Communities Rating System – In February 2014, Broward County
became the first county government in the United States to achieve a Certified 4-STAR
(Sustainability Tools for Assessing and Rating Communities) Community Rating. STAR
certification provided a clear, data-driven approach to assessing our County’s
sustainability efforts. In 2018, all STAR Communities projects were fully integrated into the
U.S. Green Building Council’s LEED for Cities and Communities program. In early 2022,
the County joined the first Florida cohort of the LEED for Cities Local Government
Leadership Program and committed to recertifying under the new program criteria. The
County will be featured in an upcoming issue of USGBC+ Magazine that highlights Florida
communities participating in the Leadership Program. The assessment is projected to be
a year-long effort, involving input from dozens of County staff, city liaisons and community
partners, led by Broward County’s Natural Resources Division and Resilience Unit.
Broward County sees the LEED for Cities and Communities program as an opportunity to
continue with our long-running commitment to national certification programs that hold our
sustainability programs accountable. It also an opportunity for conversation and
collaboration among our County agencies and departments that goes beyond data
collection requests for greenhouse gas inventories.
Post-disaster initiatives for mitigation
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• See Broward County Recovery Plan
Federal standards
Department of Homeland Security (DHS) core capabilities - One of the goals of the National
Preparedness System (NPS), based on Presidential Policy Directive (PPD) – 8, is the “the
unrelenting pursuit of risk informed decisions and actions that increase resiliency". One central
focus of the ELMS is to update and advance an understanding of risk in Broward County to natural
and manmade hazards (updating of Chapter 4 including new subsection of Climate Change/Sea
Level Rise and addition of Chapter 5). A follow-up to this effort is to review existing mitigation
actions and develop new ones based on this better understanding of risk. The following are a
listing of DHS core capabilities relevant to hazard mitigation and how the ELMS meets these
capabilities:
• Threats and Hazard Identification – “Identify the threats and hazards that occur in the
geographic area; determine the frequency and magnitude; and incorporate this into
analysis and planning processes so as to clearly understand the needs of a community or
entity.”
o ELMS meets this capability by providing detailed analysis of how different natural
and manmade hazards and threat may affect the County and determine potential
magnitudes as well as frequencies (likelihood of future recurrence). This analysis
in Chapters 4 and 5 is the basis for the rest of the plan.
• Risk and Disaster Resilience Assessment – “Assess risk and disaster resilience so that
decision makers, responders, and community members can take informed action to
reduce their entity’s risk and increase their resilience.”
o ELMS meets this capability by involving a wide representation of the community in
LMS meetings and presenting them the findings of the risk and vulnerability
assessment. In at least 3 meetings during the ELMS development in 2011-2012,
the findings of the Economic Vulnerability and update Risk Assessment (e.g., sea
level rise subsection) have been presented to the LMS. The LMS has increased
its overall membership including the private sector. Under the Recovery
Framework development, leadership on the Technical Assistance Committees has
emerged from multiple sources (e.g., County/municipal government, private
sector).
• Community Resilience – “Lead the integrated effort to recognize, understand,
communicate, plan, and address risks so that the community can develop a set of actions
to accomplish Mitigation and improve resilience.”
o See response to “Risk and Disaster Resilience Assessment”. The ELMS is
available for review on the Broward County ftp site.
• Long-term Vulnerability Reduction – “Build and sustain resilient systems, communities,
and critical infrastructure and key resources lifelines so as to reduce their vulnerability to
natural, technological, and human-caused incidents by lessening the likelihood, severity,
and duration of the adverse consequences related to these incidents.”
o ELMS meets this through the development of the MAT Tool process which sets up
a system for reviewing county investments for mitigation opportunities. In addition,
several projects on the current LMS list are for protecting key facilities and
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resources. The LMS is in partnership with the Climate Change Government
Operations Group which is developing comprehensive planning principles to steer
future infrastructure and development away from areas at highest risk from the
impacts of climate change and hurricanes. A future step in this process will be to
analyze the potential impacts of technological and human-caused impacts on
lifelines and taking action. See Appendix O for more information.
• DHS Threat and Hazard Identification and Risk Assessment (THIRA) guide – It provides
a comprehensive approach for identifying and assessing risks and associated impacts. It
expands on existing local, tribal, territorial, and state Hazard Identification and Risk
Assessments (HIRAs) and other risk methodologies by broadening the factors considered
in the process, incorporating the whole community throughout the entire process, and by
accounting for important community-specific factors.
o Step 1: Assess various threats and hazards facing a community of any size –
Chapter 4 provides a comprehensive review of hazards and threats in Broward
County
o Step 2: Vulnerability of the community to these hazards in context with time,
season, location, and community factors – Chapter 4 provides historical
information indicating where and when these hazards have occurred. It also
provides future likelihood and some maps of where the future project losses may
occur. Chapter 5 looks specifically at how the major hazards may threaten key
commercial core areas and key infrastructure in those area very specifically with
maps and loss projections.
o Step 3: Consequences of the threat and hazards impacting the community – In
Chapter 5, under “Summary of Potential Impacts and Potential Areas for
Redevelopment” and “Major Government Facilities/Infrastructure Analysis”,
consequences of some of the hazards impacting the community are described.
o Step 4: Through the lens of DHS core capabilities, establish capability targets: This
step is primarily geared toward preparedness but in this subsection, it is listed how
the ELMS meets the four core capabilities related to hazard mitigation.
o Step 5: Using the results of the THIRA process, set an informed foundation for
mitigation planning activities – Chapter 6 lists County Initiatives, Appendix C lists
LMS projects, and Chapter 7 provides how mitigation is incorporated into county
planning processes which demonstrate how the County responds through actions
and initiatives to the risk outlined in Chapters 4 and 5.
Future Mitigation Initiatives
During 2011-2012, the following additional components were included in the ELMS:
• Inclusion of climate change and sea level rise impacts including proposed changes from
the Climate Change Government Operations Group (e.g., the Priority Planning areas as
part of the Adaptation Action Areas revision to the Comprehensive Plan)
• More robust private sector involvement including ways to help businesses mitigate and
recover quicker from hazard events.
• Coordination with the Recovery efforts including all documents in the Broward County
Recovery Framework (formerly County-wide Recovery Process or CRP)
• Use of cost-effectiveness screening tools like the Loss Estimation Tool (LET), which was
developed during the ELMS process (Appendix L)
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• Integration with community planning and capital improvement funding processes
• Development of a secure website for applicants to submit LMS projects. It will include
access to the Loss Estimation Tool and will allow for an automated process of prioritizing
the projects based on the criteria in the current prioritization matrix (Appendix A).
• Development of public website to contain guidance materials for the community on
mitigation projects for their homes.
• Suggested change to Broward County Land Use Plan.
• HSEEP-compliant workshop on April 12, 2012, to discuss how ELMS meets DHS core
capabilities related to hazard mitigation.
During the 2017 Risk and Vulnerability Analysis Workshop the following current or planned
Mitigation Capital Improvement Projects were identified:
Table 5.1: Mitigation Capital Improvement Projects
Jurisdiction Project Description
Broward County • Traffic Engineering Division has a mast arm conversion program
underway to change concrete signals to a mast arms system.
Approximately10 signals per year being completed and they are two-
thirds transitioned at this point. Also upgraded traffic sign post program
with sturdier square posts.
• Construction Management Division – Testing Uplift System
BCAD – Aviation • Planned Emergency Operations Center – Improved Physical Location
Town of Davie • Davie is hiring a consultant and getting a Storm Water Master plan
completed so that they can further understand their risk and invest
dollars in the most effective place for mitigation.
• New Field Operations Center Construction
• Employee Cybersecurity Training
City of Deerfield
Beach
• Storm Water Management Master Plan
• Facility (Structural) renovations and rebuild
City of Fort
Lauderdale
• The City of Fort Lauderdale has been leveeing residential areas to
deal with flooding. City recognizes it needs to improve storm water
handling. They have imposed a fee on the Greater Ft. Lauderdale
Convention & Visitors Bureau (CVB) and will be imposing it on all
residents as well to help pay for this.
City of Hallandale
Beach
• Hallandale Beach is nearing the end of a loss mitigation plan that they
instituted with the help of FEMA money. HSGP funding providing a
Storm Water Pump System with injection wells.
• Replacement Lift Station with improved generator built to account for
sea-level rise.
City of Margate
Engineering
• DEES (Engineering) – Flood Plan Managers, Planning Development
Review
• PW – Storm water maintenance and improvements
• IT – Cybersecurity Threats
City of Margate Fire
Department
• Acquisition of Drones for aerial surveillance
City of North
Lauderdale
• Repaving and creating greener area
• Programming more CIP funding for updated servers for computers
and back-up systems.
• Making sure pumping stations are up to date, used and tested.
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Oakland Park • New EOC with state-of-the-art technology for improved
communications.
• Drainage improvement program that was initiated in 1998 and is
ongoing.
• New pump station.
• Upgrade of traffic signage (heavier gauge, sturdier)
City of Parkland • Road Stabilization
City of Pembroke
Pines
• Storm Water Improvements – Utility Infrastructure Hardening
City of Tamarac • Undergone drainage improvements, specifically tree planting and
repaving.
• Pumps in business district – westside of flood plain
• Government Cyber-security investment
• Upgrades to canal system
Appendix C contains the latest update of Broward County’s LMS Mitigation Project List. The list
of projects is ever changing as projects completed through self-funding or with grant assistance
are dropped and new proposed and planned projects are added. Jurisdictions and other potential
project sponsors, particularly those not having projects on the current list, are encouraged to
submit projects. The expectation is that all eligible applicants are represented on this list with
projects that address identified local hazards, vulnerabilities, and mitigation strategies.
The status for each project is included.
Goals and Objectives and Strategies
The Executive Committee has been given the task of formulating the goals and objectives for the
LMS. Mitigation goals and objectives must be consistent with the goals and objectives of the
county and the individual municipalities’ master plans, their codes and ordinances, as well as
other endeavors that reflect the aspirations for the welfare, safety and quality of life of their
citizens. The 2016-2017 update also included additional new goals and objectives and the
identification of proposed strategies that would serve as guidance in achieving goals and
objectives. The strategies, goals and objectives were reviewed again in 2016-2017. Most of the
existing goals were affirmed and a few revisions/additions were made to the objectives.
The following are the goals and objectives of the ELMS:
Mission Statement
The mission of the Broward County Local Mitigation Strategy Working Group (LMS) is to promote
a comprehensive mitigation program to strengthen Broward County and its communities and to
minimize the impact of natural, technological, and societal hazards. This can be achieved by
increasing public awareness, documenting the resources for risk reduction, and identifying
activities that will guide the county towards building a safer community.
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I. Proposed Strategies:
A. Encourage requiring damaged housing structures in the City (municipality) and the
Broward Municipal Services District (BMSD) to be restored using hazard mitigation
measures to reduce hazard vulnerability.
1. There is a building official’s roundtable that meets monthly, and Committee
Members will engage and participate if allowable to ensure consistent
communication and information.
B. Establish a Disaster Resistant Economic Action for Mitigation (DREAM) Team in the
municipalities to assist businesses that will need to mitigate future disasters and
increase the likelihood of their continuity. This will become and initiative for the Private
Sector Subcommittee.
C. Incorporate disaster mitigation and resiliency type projects identified and funded in the
Enhanced Local Mitigation Strategy (ELMS) into the municipalities Capital
Improvement Plans (CIPs).
Goal #1 – Protect human health, safety, and welfare.
Objectives
1.1 Limit long-term public investment in areas identified as subject to repetitive damage from
disasters.
1.2 Ensure the protection of critical facilities such as prohibitions on constructing critical
facilities in high-hazard areas (which includes 100-year and 500-year floodplains
prohibited by FEMA in 44 CFR Part 9 if federal funds are involved).
1.3 Reduce or eliminate development in hazard prone areas such as floodplains (e.g., short
term focus on 100-year floodplain and long-term 500-year floodplain).
1.4 Implement additional development restrictions in high-hazard areas especially as related
to post-disaster redevelopment.
1.5 Consider the use of land acquisition programs for properties subject to development that
are in high-hazard areas.
1.6 Coordinate with SFWMD to discuss what measures need to be taken to prepare and
retrofit water control structures for sea level rise to maintain salinity barrier and offer flood
protection.
Goal #2 – To increase business, residential, and community awareness and
implementation of hazard mitigation.
Objectives
2.1 Identify segments of the community most at risk and develop strategies that will ensure
effective dissemination of mitigation information.
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2.2 Implement a strategy to educate interest in obtaining disaster mitigation and preparedness
training.
2.3 Develop a single clearinghouse to disseminate accurate and consistent information
relating to disaster mitigation.
2.4 Maintain a profile of available funding sources for mitigation projects and make it available
through the Broward County website.
2.5 Create and maintain a listing of successfully mitigated projects to showcase best practices
county-wide.
2.6 Actively support the Private Sector Committee and help businesses identify mitigation
opportunities for self-funding; particularly in areas identified as vulnerable in the ‘hot spots’
of Chapter 5.
2.7 Create and maintain a list of highly successful sea level rise adaptation projects to
showcase best practices utilized in the South Florida region.
2.8 Hotels, especially those high-rises in coastal mandatory evacuation zones should consider
mitigation measures that allow guests and staff to shelter-in-place to protect guests,
protect property, and reduce the pressure on shelters.
2.9 With results from Housing Vulnerability Chapter of ELMS (soon to be added), work with
municipalities to identify mitigation measures and state/federal funding available to
residents in areas of highest vulnerability.
Goal #3 – To ensure adequate training opportunities to support hazard mitigation and
enhance outreach efforts that educate the public on existing identified hazards as well as
new and emerging threats and hazards.
Objectives
3.1 Develop ongoing education and exercise curricula for public and private officials in the
areas of hazard mitigation and emergency management.
3.2 Support local training opportunities in hazard mitigation construction techniques for
building officials, engineers, and other public officials.
3.3 Support existing hazard mitigation training efforts.
3.4 Maintain a profile of existing available resources for mitigation training projects.
3.5 Partner with businesses to offer hazard mitigation classes for residents, especially at
hardware and home improvement stores (see also Miami-Dade’s “Mitigation for Misers”).
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Goal #4 – To facilitate preventive measures to mitigate hazards.
Objectives
4.1 Encourage local municipalities and eligible nonprofit entities to review site and building
plans for hazard mitigation issues and to include storm hardening in the building plans,
including retrofit and renovation, of all municipal structures. Link hazard mitigation
considerations to each municipality’s capital improvement funding process.
4.2 Encourage retrofitting of existing residential and business structures using disaster
mitigation construction techniques.
4.3 Encourage the development of hazard mitigation related building codes and inspection
procedures.
4.4 Encourage local governments to implement prioritized hazard mitigation projects.
4.5 Maintain a profile of existing available funding sources for structural mitigation projects
and make it available through the Broward County website, press releases (as applicable),
and any Broward County newsletters available to the general public.
4.6 Encourage County and municipal agencies to identify mitigation needs for key facilities
identified for post-disaster use in COOP plans and research ways and means to mitigate
vulnerabilities.
Goal #5 – To facilitate planning initiatives that ensure effective hazard mitigation programs
and policies.
5.1 In the Adaptation Action Areas, all regulatory agencies should discourage expenditures of
public funds for infrastructure improvements that attract new residential development. [see
Appendix H and Chapter 7, “County Comprehensive Plan” under “Plan Integration Efforts
for more information on Adaptation Action Areas”]
5.2 Develop strategies to reduce risk to healthcare patients and special needs medical
populations within vulnerable areas, including land development code revisions to
discourage the construction of new year-round residential facilities for treatment of special
needs medical populations in Adaptation Action Areas.
5.4 Encourage all municipalities to develop and maintain an all-hazard Comprehensive
Emergency Management Plan (CEMP) that is consistent with other county plans and
procedures.
5.5 In areas identified by the vulnerability analysis as being a threat due to the presence of
hazardous materials, local governments should encourage compatible land uses, and
improve public safety.
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Goal #6 – Develop and enhance regional mitigation efforts.
Objectives
6.1 Coordinate with other government agencies to develop regional mitigation efforts to
include a variety of hazard related events and potential future sea level rise threats.
6.2 Work with SFWMD to upgrade and/or retrofit water control structures for flooding and
changing sea level rise conditions.
6.3 County should continue to work in collaboration with municipalities, adjacent counties and
continue to focus on efforts to mitigate against sea level rise, especially in the face of a
probable decrease in funding from state and federal government.
Goal #7 – Promote mitigation partnerships and innovative methods of financing mitigation.
Objectives
7.1 Develop effective partnerships with public and private sector organizations and significant
agencies and businesses for future hazard mitigation efforts.
7.2 Identify Alternative Financing for mitigation measures for locally funded actions beyond
code, beyond county insurer requirements.
7.3 Evaluate use of Global Match credit to be tracked for potential use with HMGP projects.
7.4 Utilize County personnel (EMD, OIAPS/Grants Management) to assist municipalities on
obtaining grants or other funding for infrastructure repair/improvement projects especially
those that improve drainage in areas historically prone to flooding or Repetitive Loss (RL)
or Severe Repetitive Loss (SRL) properties.
Goal #8 – Lower flood insurance premiums through Community Rating System (CRS)
Activities.
Objectives
8.1 Encourage 100% municipal participation in the CRS.
8.2 Because the LMS Working Group recognizes that flood insurance premiums will continue.
to rise, pursue actions whenever possible which will result in CRS credit for the county.
and all municipalities within it.
Goal #9 – Encourage resilient infrastructure county-wide.
Objectives
9.1 Utilize the LMS Project List to prioritize projects that encourage sustainable, resilient.
infrastructure and include as part of annual project list update process with revision of
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language on screening forms.
9.2 Utilize the LMS to promote the incorporation of green infrastructure where,
and when possible, mitigate existing critical facilities and promote activities that address.
climate change concerns.
9.3 Prioritize incorporation of natural solutions to hazard mitigation and climate adaptation
efforts to address and enhance the recovery of coral reefs. Promote coral restoration-
related projects, including coral propagation and deployment capacity, in efforts to restore
and enhance the integrity of natural infrastructure.
Prioritization of Mitigation Projects
A mechanism for determining and prioritizing mitigation projects for Broward County was sought
out as part of the early Local Mitigation Strategy. A consultant drafted the first version of
prioritization procedures, but as the LMS Working Group evolved, members began the process
and realized a more simplified version would be necessary for implementation. In 2015 as part of
the EMAP self-assessment phase and in 2016-2017 as part of the ELMS process and with
oversight by the Executive Committee the Matrix was slightly revised to include language changes
that incorporated compliance with emergency management standards. The latest Project
Prioritization Matrix version can be found in Appendix A and the revised Proposed Mitigation
Project Form in Appendix B.
It is the responsibility of each jurisdiction/agency to identify mitigation projects. As projects are
identified, the jurisdiction/agency should screen the project using the Loss Estimation Tool and
must complete a submission form for the project to be considered (see Appendix B). This tool
incorporates FEMA mitigation grant cost-effectiveness principles in a user-friendly format and is
an excellent way to screen projects on their likelihood to be cost-effective. Once completed, the
project proposal form is then submitted to the LMS Coordinator, who in turn presents them to the
Executive Committee to be scored and ranked. In the future, a formal review schedule will be
developed. See Appendix L for Loss Estimation Tool information.
A current listing of active projects can be found in Appendix C and will be reviewed by the
Executive Committee on an annual basis, or as deemed necessary, to validate its ranking and
applicability. In addition to these projects, which should undergo a resubmittal using the revised
Appendix A and B forms, the ELMS process created additional overarching mitigation actions that
are listed in “Future Mitigation Initiatives” and “County Initiatives” in this chapter. As part of the
annual updates, all entities who have submitted projects are required to indicate if a project has
remained viable. If not, that project will be removed from the active list and coded “Inactive”.
Completed projects will also remain on the list to show progress in implementing the mitigation
plan.
Presently, the top 10 priority projects are listed, along with scoring numbers. Soon, it is a priority
for the LMS Working Group to completely review and update all projects to reflect current costs
and applicant priorities.
In the event of a Presidentially Declared Disaster, Broward County Emergency Management
Division will work with federal, state, and local officials to coordinate and manage FEMA Disaster
Assistance funding programs. When the State opens the application period for HMGP and/or
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PDM funds, the most current prioritized projects, which meet the HMGP and/or PDM
requirements, will be gathered and reviewed by the Executive Committee. Consideration for
projects for other FEMA funding sources, e.g., FMA, Repetitive Flood Claims (RFC) and Severe
Repetitive Loss (SRL), will occur as needed based on funding availability and meeting these
programs’ more restrictive eligibility criteria.
A tiered approach will be used to best utilize the available HMGP funding throughout Broward
County. Projects will be categorized as Single Jurisdiction, Multi-jurisdictional, and County-wide.
The applicable percentage applied for each category will be established by the Executive
Committee for each disaster.
County Initiatives
These are larger overarching actions that require the leaderships of the County EMD and the LMS
Executive Committee to consider for implementation. These are recommended actions resulting
from the various components of the ELMS process. Overall, they will respond to the updated risk
information from Chapter 4 and Chapter 5.
• Use the National Weather Service (NWS) Storm Data Report as recommended by the
Florida Division of Emergency Management/Florida Planning and Development Lab’s
“Recommended Integration Practices: Strengthening the Floodplain Management Plan
and Portions of the Local Mitigation Strategy”15. The County EMD should facilitate the
adoption of this process with the municipalities. It provides a uniform, credible source of
data collection that is stored in a centralized area on a more permanent basis that can
endure changes in staff level at local level. It is accessible to anyone with an internet
connection and has the following procedures:
o Storm Data Report allow multiple avenues for the submission of storm data
which includes phone reports, internet reports, collection from local media
sources, and calls to local emergency dispatchers during or after a severe
weather occurrence. This data will then be compiled and stored in the online
NWS Storm Data Database to include critical detailed Information like a listing of
structures impacted and flood depths with each report.
• Coordinate with the SFWMD and Surface Water Coordinating Council on larger-scale
drainage projects.
• Consider the formal designation of cooling centers.
• Conduct a pilot project to evaluate the feasibility of developing a network of weather
sensors across the county that support real time analysis and alert of local conditions.
• Support the following recommendations from the 2020 Broward County Climate Change
Action Plan that pertain to hazard mitigation:
o Contribute to local, regional, and state climate planning efforts.
o Continue support for the Southeast Florida Regional Climate Change Compact
(Compact)
o Lead advocacy for climate change policies and legislation
o Engage technical support of state and federal agencies.
o Adopt adaptation standards that consider climate change and sea-level rise.
15 Reference to the August 2011 draft version of this FDEM/FSU document
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o Support adaptation of at-risk infrastructure and facilities
o Address mitigation and adaptation policies in the Land Use Plan
o Incorporate resilience criteria into the Broward County surtax project review
process.
o Utilize resiliency checklists.
o Pursue amendments local and state codes to advance resilient design.
o Educate residents on climate risk.
o Educate and prepare for public health impacts.
o Encourage dialogue among elected officials, staff, and socially vulnerable
populations.
o Address social vulnerabilities through local government programs.
o Engage and educate private sector stakeholders and community members
about resilience strategies for the built, natural, and social environment.
o Support community hubs that enable economic mobility, health, mental health,
and safety for all community members
o Ensure beneficial social equity and health outcomes by considering the impacts
of land use policy, public infrastructure, public service, and post-disaster recovery
decisions on vulnerable populations.
o Update and advance assessments of the vulnerability of transportation
infrastructure
o Integrate dynamic adaptive approaches into processes leading to transportation
and other investments.
o Coordinate to achieve resilience across transportation planning and
investments.
o Pursue shared drainage and water management infrastructure.
o Use local and regional data and tools to inform resilience planning.
o Maintain, update, and share high-resolution elevation data.
o Expand the use of technology and data analytics.
o Pilot technologies and services
o Partner on data and performance measurement
o Sea level rise adaptation planning
o Improve inundation mapping capabilities.
o Encourage FEMA to consider sea-level rise in flood map updates.
o Adopt new 100-year storm maps.
o Update design storm criteria
o Incorporate combined sea-level rise/storm surge impacts in hazard mitigation
and adaptation planning.
o Re-evaluate CCCL and CHHA for climate change impacts.
o Support research on the vulnerability of the built environment
o Collect LiDAR data.
o Analyze sea-level rise, rainfall, drainage and hurricane impacts.
o Analyze flood control level of service and compounded flooding.
o Develop dynamically adaptive management strategies.
o Apply models to develop resilient design standards.
o Enhance the resiliency of County-owned infrastructure and properties.
o Improve the resilience of buildings and structures.
o Maintain beaches.
o Retrofit flood control structures for sea-level rise.
o Coordinate local water management improvements.
o Advance sanitary sewer connections
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o Phase-out septic systems where necessary to protect public health and water
quality.
o Engage the private sector in resilience initiatives.
o Convene a countywide forum for coordinated resilience planning.
o Develop and implement a countywide resilience plan.
o Emphasize adaptive pathways.
o Develop a resilience dashboard.
o Engage the private sector to develop strategies for adapting energy
infrastructure.
o Support ongoing coral reef restoration and resilience activities.
o Prioritize areas for living shorelines.
o Resilience planning for parks and open spaces
o Promote green stormwater infrastructure.
o Engage the community in flood mitigation programs.
• Support efforts to restore funding to SFWMD needed for long-term drainage assistance.
• Build on public involvement efforts in developing a website or webpage to provide the
public guidance materials on mitigation projects for their homes. This effort and any follow-
up technical assistance/outreach activities will help mitigate the vulnerability of residential
housing in Broward County depicted in Appendix J.
• Encourage the participation and coordination of nature-based solution projects through
design, implementation, monitoring, and maintenance, supporting shoreline protection
through reef restoration.
• Coordinate with federal and state agencies, regional and local governments, and
stakeholders to advance partnerships and identify priority projects that address coral
reef restoration through nature-based solutions for the purposes of hazard mitigation.
Funding Sources
The following is a list of the primary funding sources for mitigation projects with key information:
Federal
• FEMA HMGP – Key purpose is to provide an opportunity to take critical mitigation
measures to reduce the risk of loss of life and property from future disasters during the
post-disaster reconstruction process. The State of Florida has additional parameters on
how HMGP funds are made available in the state post-disaster. (See Table 6.1 for a list
of eligible project types for HMGP and the other 4 FEMA mitigation grant programs).
• FEMA PDM – Key purpose is to provide a sustained pre-disaster natural hazard mitigation
program to reduce the risk to population and structures from future hazard events. The
program is funded out of non-disaster programs with the intent to reduce reliance on
Federal funding from future disasters. The PDM annual budget is subject to periodic
fluctuations based on Congressional priorities.
• FEMA FMA– Key purpose is to reduce or eliminate claims under the NFIP by making
available funds for flood mitigation projects for structures covered by flood insurance
policies.
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• FEMA RFC – Key purpose is to make grant funds available to reduce flood damages to
individual properties for which one or more flood insurance claim payments for losses have
been made and that will result in the greatest savings to the National Flood Insurance
Fund (NFIF) in the shortest period.
• FEMA SRL – Key purpose is to make grant funds available to reduce flood damages to
residential properties that have experienced severe repetitive losses under flood
insurance coverage and will result in the greatest savings to the NFIF in the shortest
period.
• FEMA Public Assistance (PA) 406 Mitigation Grant Program (this potential funding
source is also detailed in the Broward County Recovery Framework (former CRP) – Is
available for counties included in a FEMA presidential disaster declaration if they are
otherwise eligible for the PA program, a valid and eligible PA project is included in the
Project Worksheet in a timely manner, and the FEMA PA group administering the disaster
is in agreement. Project types range from floodproofing, to wind protection to road
elevation to drainage upgrades/improvements.
• Department of Housing and Urban Development (HUD) Community Development
Block Grant program (CDBG) Disaster Recovery Program – This program is made
available on a case-by-case basis by the U.S. Congress and is usually authorized after
larger disaster events that already received a presidential disaster declaration. Project
types are generally for residential properties (acquisition, elevation) but can also be
available for small businesses including rental properties (elevation). Code enforcement
support is also potentially eligible.
• US Army Corps of Engineers Mitigation - The USACE’s Flood Control (Structural &
Non-Structural), Section 205 of the 1948 Flood Control Act, as amended, authorizes the
U.S. Army Corps of Engineers to develop and construct small flood control projects. Each
project is limited to a Federal cost of $7,000,000.00 and must be economically justified,
environmentally sound, and technically feasible. The USACE’s Emergency Streambank
and Shore Protection program, Section 14 of the 1946 Flood Control Act, as amended,
authorizes the USACE to develop and construct streambank and shoreline protection
projects. The goal of the program is to protect endangered highways, bridge approaches,
public works facilities, churches, public and private nonprofit public facilities. Each project
is limited to a Federal cost of $1,500,000.00 and must be economically justified,
environmentally sound, and technically feasible. Section 103 of the 1962 River and Harbor
Act authorizes the USACE to develop small projects for the purpose of shore protection
and beach restoration. Each project is limited to a Federal cost of $3,000,000, and must
be economically justified, environmentally sound, and engineering feasible. Eligible
applicants include local municipalities and public agencies.
• Department of Homeland Security (DHS), State Homeland Security Program (SHSP)
– Eligible activities include planning, training, exercise, and organization including
mitigation and recovery activities from acts of terrorism and catastrophic events.
• Coastal Management Program Grants – Includes the Coastal Resource Improvement
Program which funds on small-scale construction or land acquisition projects that enhance
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public access to the coast, facilitate redevelopment of urban waterfronts, or preserve and
restore coastal resources,
• Department of Education Emergency Management for Higher Education (EMHE) - A
grant program for institutions of higher education to evaluate their risk and prepare for
risks from natural and manmade hazards. In 2008-2009, Broward College received an
EMHE grant. Eligible project activities include plans, vulnerability assessments, support
building, organization, and training.
• EPA grants for stormwater including Green Infrastructure, Clean Water grants, and
Impaired Streams (usually must include water quality element) – see
http://water.epa.gov/grants_funding)
Table 5.2: Eligible Project Activities of the 5 FEMA Mitigation Grant Programs
ELIGIBLE ACTIVITIES
HM
G
P
PD
M
FM
A
RF
C
SR
L
1. Mitigation Projects
Property Acquisition and Structure Demolition
Property Acquisition and Structure Relocation
Structure Elevation
Mitigation Reconstruction
Dry Floodproofing of Historic Residential Structures
Dry Floodproofing of Non-residential Structures
Minor Localized Flood Reduction Projects
Structural Retrofitting of Existing Buildings
Non-structural Retrofitting of Existing Building/Facilities
Safe Room Construction
Infrastructure Retrofit
Soil Stabilization
Wildfire Mitigation
Post-Disaster Code Enforcement
5% Initiative Projects
2. Hazard Mitigation Planning
3. Management Costs
Source: FEMA Hazard Mitigation Assistance Unified Guidance
State
• Resilient Florida Grant Program
• EMPA Competitive Grant Program
• Emergency Management Performance Grant
• County Base Grant Program
• The Florida Coastal Management Program
• Florida Coastal Partnership Initiative –http://www.dep.state.fl.us/cmp/grants/index.htm
• Hurricane Loss Program (formerly Residential Construction Mitigation Program)
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Any required local match will be the responsibility of the applicant. For FEMA approved projects
using HMGP funds, there can be instances where project costs increase and the federal share
become less than the applicable cost share, typically 75%. If this occurs and additional funding
becomes available, the LMS may choose to increase the federal cost share to the maximum
allowable amount. Any locally funded hazard mitigation projects should be brought to the attention
of the LMS Executive Committee for potential Global Match credit.
Pending Wind Mitigation Actions
The Broward County Division of Construction Management obtained FEMA hazard mitigation
grants for four County hazard mitigation projects. The funding was used to fortify the Main Library,
the Ron Cochran Building at the Public Safety Complex, the East Wing of the Broward County
Judicial Center, and Fleet Service Center Number Three in Pompano Beach. This work will
primarily involve the replacement of windows at each location with new impact-resistant glass and
frames.16
Completed Flood Mitigation Actions and National Flood Insurance Program (NFIP) by
Jurisdiction
As required by 44 CFR §201.6(3)(ii), each jurisdiction must address its “participation in the NFIP,
and continued compliance with NFIP requirements as appropriate”. The National Flood Insurance
Program Community Book http://www.fema.gov/fema/csb.shtm verifies all Broward County
communities are listed as participating in the National Flood Program. The following activities are
broken down by community:
Broward County, Unincorporated Broward Municipal Services District – (CRS
Community)
Unincorporated Broward County has been a CRS community since October 1, 1992, and is
currently a Class 6. The County has designated the Environmental Permitting Division’s Assistant
Director as the CRS Coordinator and Floodplain Manager. CRS activities undertaken in the past
6 years include:
• Maintain Elevation Certificates for New/Substantially Improved Buildings
• Provide Flood Zone Information
• Inform Lenders, Insurance Agents, and Real Estate Offices of Our Services
• Keep Old and Current FIRMs
• Produce/Distribute Flood News Newsletter
• Maintain Flood Protection Materials at Library
• Provide Flood Protection Assistance
• Preserve Open Space in Floodplain
• Enforce Floodplain Management Regulations
16 From Broward County eCounty website, accessed on 4/27/12, which delivers news at
http://www.broward.org/ecountyline/Pages/vol_33_no_3/news.htm
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• Use/Update Flood Data GIS Information
• Produce/Distribute Property Protection Information to Repetitive Loss Areas
• Prepare Floodplain Management Plan (LMS) Annual Progress Report
• Inspect/Repair/Maintain Drainage Systems
• Implement Drainage System Portions of CIP
• Provide Information on Stream Dumping Regulations
• Implement Flood Warning Program
Broward County’s current Floodplain Management Ordinance reflects the latest FIRM maps. As
of December 2022, the County had 3,239 NFIP policies in force (in 2016, this count was 14,988).
Coconut Creek, City of– (CRS Community)
CRS activities undertaken in the past 5 years include:
1. Constant monitoring of the drainage systems and drainage basins.
2. On-going Capital improvement projects to improve water quantity and quality of the
drainage system, which consist of waterways dredging and maintenance. The design and
permitting are performed in-house.
3. On-going preventive maintenance programs consisting of swale re-grading, and
stormwater systems cleaning and repairs. Maintenance program performed mainly in-
house.
4. Training by Floodplain Manager of Engineering Department staff, who reviews building
permits. Training includes NFIP regulations and Elevation Certificates.
5. Maintenance of a clear map depicting various Flood Zone designations.
6. Brochures related to flooding and NFIP requirements were sent to every household in the
City.
7. Answering various residents with questions about Flood Zones, Flood Hazards, and how
to mitigate flooding. Courtesy site visits are also available.
8. GIS mapping of all utilities including drainage in the City as well as Flood Zones.
The maps can also be accessed by the public since it is web-based.
9. Maintenance and scanning of all elevation certificates database.
10. Maintenance of all Letter of Map Revision (LOMR) database.
11. CRS 510 Floodplain Management update for year 2010 (see attachment).
The City of Coconut Creek’s current Floodplain Management Ordinance reflects the latest FIRM
maps.
Cooper City, City of– (CRS Community)
The City of City of Cooper City has been a CRS Community since 1992. CRS activities undertaken
in the past 5 years include:
• Conduct and document drainage system maintenance throughout the community.
• Conduct drainage system maintenance by inspecting/repair/maintain drainage
system.
• Continue to preserve and maintain our open space and parks system.
• Enforce Floodplain Development Permits
• Enforce Floodplain Management Regulations
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• Enforce stormwater management ordinances.
• Enforce our stream dumping regulations.
• Inform lenders, insurance agents, and real estate offices of our services.
• Inform residents of the Broward County "Home Damage Assessment Program" which
will benefit the City by providing critical information where major damage has occurred.
• Maintain and keep old and current FIRMs.
• Maintain Elevation Certificates for all new/substantially improved buildings.
• Maintain flood protection materials at the local library.
• On-going training for staff relative to floodplain management
• Prepare/distribute Floodplain Management Plan (LMS) Annual Progress Report
• Preserve open space in floodplain.
• Produce and maintain a log and history of drainage system maintenance provided to
residents.
• Produce/distribute outreach projects to all residents/businesses within the floodplain
and all of Cooper City
• Produce/distribute property protection information to Repetitive Loss Areas
• Produce/distribute property protection information to Repetitive Loss Properties
• Provide copies of Elevation Certificates to residents and/or businesses
• Provide flood protection assistance.
• Provide information on “no dumping” signage throughout the City.
• Provide letters of Flood Insurance Rate Map Determination
• Provide property protection assistance to homeowners and/or businesses.
• Update and maintain the Flood Information on the City's website.
The City of Cooper City’s current Floodplain Management Ordinance reflects the latest FIRM
maps.
Coral Springs, City of– (CRS Community)
The City of Coral Springs has been a CRS community since 1992. Coral Springs is currently a
Class 8 Community. The Development Services Department serves as the CRS Coordinator and
Floodplain Manager. CRS activities undertaken in the past 5 years include:
• Elevation Certificates are required by the Building Department to be completed for all projects
in areas considered in the special flood hazard areas.
• The City’s Engineering Department provides basic flood zone information as well as personal
assistance and site visits to all inquirers.
• Maps showing the City’s flood zones are provided at the library and can also be accessed at
http://www.coralsprings.org/floodinformation/floodmap.pdf
• Coral Springs provides information to every city resident through its “Under the Sun”
magazine. Information in the magazine includes knowing about hazards, protecting people,
protecting property, preparations and warning systems, and education.
• about wetlands
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• Coral Springs also hosts “Slice of the Springs” meetings which provide more specific
education and information to local areas of the City.
• The City’s Engineering Department also provides information available to residents who call
or visit the office with questions regarding flood information.
The City also provides flood information online at: http://www.coralsprings.org/living/flood-zone-
information. The City of Coral Springs' current Floodplain Management Ordinance reflects the
latest FIRM maps.
Dania Beach, City of– (CRS Community)
The City of Dania Beach has been a CRS Community since December 1992. Dania beach is
currently a Class 9 Community. The city has designated Eleanor Norena, City’s Community
Development Operations Manager as CRS Coordinator and Floodplain Manager. CRS activities
undertaken in the past 5years include:
• Maintenance of Elevation Certificates on all new and substantially improved building in
our Special Flood Hazard Area.
• Availability of elevation certificates for newer properties as requested.
• The Building Division provides flood insurance rate map information to inquiries and
keeps electronic record of the information provided.
• Flood insurance rate maps are updated as necessary.
• The Broward County Main Library maintains flood protection materials.
• Floodplain management provisions outlined in the City’s zoning and building codes are
enforced.
• The Florida Building Code is enforced by the City of Dania Beach.
The City of Dania Beach’s current Floodplain Management Ordinance reflects the latest FIRM
maps. As of May 31, 2017, Dania Beach has 3,161 flood policies (in 2011 this count was 2,084).
The last Community Assistance Contact (CAC) was October 20, 2010, by the State at which time
FEMA found no violations or other programs deficiencies.
Davie, Town of– (CRS Community)
The Town of Davie has been a CRS Community since 1992. CRS activities undertaken in the
past 5 years include:
• Elevation Certificates
• Map Information Service
• Outreach Projects
• Flood Protection Information
• Open Space Preservation
• Higher Regulatory Standards
• Flood Data Maintenance
• Stormwater Management
• Floodplain Management Planning
• Drainage System Maintenance
• Dam Safety
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The Town of Davie enacted its initial floodplain management ordinance on June 16, 1976, through
Ordinance 1976-23, and still reflects the latest FIRM maps. There have been 4 revisions, in 1977,
1988, 1995, and 2005. Based on this ordinance, the Town’s Building and Engineering
Departments enforce the floodplain management ordinance. As of January 2011, the Town had
17,752 NFIP flood policies in force (in 2009, this count was 19,294).
The State of Florida conducted its Community Assistance Contact (CAC) in February 2006. The
Community Assistance Visit (CAV) identified that additional definitions were necessary in the
Town’s floodplain management ordinance. The Town Council revised the ordinance to reflect
these new definitions in March 2005
Deerfield Beach, City of– (CRS Community)
The City of Deerfield Beach has been a CRS Community since 1992. CRS activities undertaken
in the past 5 years include:
• Elevation Certificates
• Map Information Service
• Outreach Projects
• Flood Protection Information
• Open Space Preservation
• Higher Regulatory Standards
• Flood Data Maintenance
• Stormwater Management
• Drainage Systems Maintenance
• Flood Warning Program
The City of Deerfield Beach’s current Floodplain Management Ordinance reflects the latest FIRM
maps.
Fort Lauderdale, City of– (CRS Community)
The City of Fort Lauderdale has been a CRS Community since 1992 and is currently a Class 6.
The city has a standalone Floodplain Manager, who is also designated as the CRS Coordinator.
The Floodplain Manager has a staff of three Floodplain Development Review Specialists. CRS
activities undertaken in the last 5 years include:
• Provide On-going Training for Staff and External Stakeholders Relative to Floodplain
Management
• Maintain Elevation Certificates for New/Substantially Improved Buildings
• Provide Flood Zone Information · Inform Lenders, Insurance Agents, and Real Estate
Offices of Our Services
• Keep Old and Current FIRMs
• Maintenance of all Elevation Certificates in an Electronic Database
• Develop and Distribute Floodplain Management Related Outreach
• Maintain Flood Protection Materials at Local Libraries
• Provide Flood Protection Assistance
• Preserve Open Space in Floodplain
• Enforce Floodplain Management Regulations
• Use/Update Flood Data GIS Information
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• Produce/Distribute Property Protection Information to Repetitive Loss Areas
• Prepare Floodplain Management Plan (LMS) Annual Progress Report
• Inspect/Repair/Maintain Drainage Systems
• Conduct Drainage System Portions of CIP
• Provide Information on Stream Dumping Regulations
The City of Fort Lauderdale’s current Floodplain Management Ordinance reflects the latest FIRM
maps. As of June 26, 2017, the City had 39,239 flood policies. The Florida Division of Emergency
Management, State Floodplain Management Office conducted a Community Assistance Visit in
2013 and found no violations or other program deficiencies. The last ISO CRS Cycle Visit was in
2016 and reviewed the City’s documentation regarding current and past CRS activities. The last
Community Assistance Visit was conducted by FEMA in the summer of 2017.
Hallandale Beach, City of– (CRS Community)
The City of Hallandale Beach has been a CRS Community since 1994. Hallandale Beach is
currently a Class 6. The city has designated the Building Official as the CRS Coordinator and the
Floodplain Manager. CRS activities undertaken in the past 5 years include:
• Maintain Elevation Certificates on all new and substantially improved buildings in our
Special Flood Hazard Area
• Provide Flood Insurance Rate Map information; inform lenders, insurance agents, real
estate offices of the above activity.
• Provide an annual outreach project to the community.
• Maintain flood protection materials in our public library.
• Provide flood protection assistance to inquirers and maintain records of the service.
• Preserve open space in the floodplain.
• Enforce storm water management provisions through our Zoning, Engineering, Building,
and local Code of Ordinances
• Mandate a drainage system maintenance program.
• Develop a Program for Public Information (PPI)
The City of Hallandale Beach’s current Floodplain Management Ordinance reflects the latest
FIRM maps.
Hillsboro Beach, Town of– (CRS Community)
The Town of Hillsboro Beach has been a NFIP participating community since 1978 and a CRS
Community since October 1994.
On September 10, 2008, the Town had a 5-year Cycle Visit, and no violations or deficiencies
were noted. The Town expanded the Public Outreach and Map Information Services for this
visit. GIS Based Flood Plain Maps were prepared relative to FEMA Flood Zones, Parcel Lines,
Future Land Use and Zoning Districts. The Town’s Website and Flood Prevention Brochure
were updated and provided to all Town residents.
Hollywood, City of– (CRS Community)
The City of Hollywood, Florida has been a NFIP participating community since 1972 and a CRS
Community since October 10, 1992. CRS activities undertaken in the past 5 years include:
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• Elevation Certificates
• Map Information
• Outreach Projects
• Flood protection Information
• Flood Data
• Open Space preservation
• Higher regulatory Standards
• Flood Data Maintenance
• Storm Water Maintenance
• Stormwater management
• Floodplain Management
• Drain System Maintenance
• Dam Safety
The current Floodplain Management Code of Ordinance for the City of Hollywood titled Chapter
154: Flood Damage Prevention reflects the latest FIRM maps including: Map Numbers
12011C0304, 307,308,309,312,316,317,319 with Map Index 12011C000 Revised 10/2/97. The
City’s code specifically regulates new construction and substantial improvement to existing
structures.
Lauderdale-By-The-Sea, Town of– (CRS Community)
The Town of Lauderdale- By-The-Sea has been a CRS Community since 2000. CRS activities
undertaken in the past 5 years include:
• Outreach Programs
• Enforcement
• New Drainage and Maintenance
• Community Activities include:
o Open Space preservation
o Map Information
o Maintaining Elevation Certificates on all new and substantially improved buildings
in our Special Flood Hazard Area (SFHA)
o Continue to make copies of elevation certificates on newer properties available
on the community's present office location.
o Provide Flood Insurance Rate Map information, advise information on the
flood insurance purchase requirement to inquirers, and keep records of the
service.
o Continue to keep our FIRM updated and maintain old copies of the FIRM.
o The public library continues to maintain flood protection materials.
o Continue to provide flood protection assistance to inquirers.
o Continue to enforce our current building code.
o Continue to enforce the floodplain management provisions of our zoning,
subdivision, and building' code ordinances.
o Continue to enforce the stormwater management provisions of our zoning,
subdivision, and building code ordinances for new developments in the
watershed.
o Continue to implement our drainage system maintenance program including
record keeping of maintenance activities.
o Continue to implement the sections of our Capital Improvements Program
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which pertain to drainage system maintenance.
o Continue to enforce our stream dumping regulations.
The Town of Lauderdale-By-The-Sea’s current Floodplain Management Ordinance reflects the
latest FIRM maps.
Lauderdale Lakes, City of
The City of Lauderdale Lakes has been a participating NFIP community since 1979 and in good
standing. In 2006, the City passed a Floodplain Management Ordinance that continues to reflect
the current FIRM maps. The designated Floodplain Manager is the Operations Manager of the
Public Works & Engineering Services Department. Permitting in Special Flood Hazard Areas
(SFHAs) is issued through a consultant contracted by the Engineering Services Division.
Lauderhill, City of– (CRS Community)
The City of Lauderhill has been a CRS Community since October 2, 1992. The City of Lauderhill
is currently a Class 7. The City has designated the City Engineer as Floodplain Manager and Mrs.
Joan Fletcher as the CRS Coordinator. CRS activities undertaken in the past 5 years include:
• Maintaining two pump stations (A and B) which control 2/3 of the entire canal channel
which reduces flooding and give the City of Lauderhill control of the canal elevation.
• Yearly cleaning of the catch basins throughout the communities to ensure entire drainage
system is free of blockage.
• The installation of new drainage and the lowering of the swale area.
• Repaving the roads redirecting the rainwater toward the drainage or catch basins.
• Culvert rehabilitations (Canal 30 and NW 82 Avenue, NW 50 Avenue, and NW 19th Street)
• Canal/Lake embankment stabilizations
• Water Treatment Plant Drainage Reconfiguration
• A Northwest Quadrant Drainage Project to assist in the drainage improvements after storm
events.
The City of Lauderhill current Floodplain Management Ordinance reflects the latest FIRM maps.
As of January 2017, the City has 3,020 flood policies. Most of the City was removed from the
Special Flood Hazard Area in the 2014 FEMA Flood Map update. The last CAC was conducted
in January 11, 2012, at which time the State found no violations or other program deficiencies.
The next CAC is scheduled for May 1, 2018.
Lazy Lake, Village of
The Village of Lazy Lake has been a participating NFIP community since 1992 and in good
standing. Lazy Lake has an approved Flood Damage Prevention Ordinance that continues to
reflect the current FIRM maps. The designated Floodplain Manager is the Mayor and manages
development as required by a participating member of the NFIP.
Lighthouse Point, City of – (CRS Community)
The City of Lighthouse Point has been a CRS Community since 1993. CRS activities undertaken
in the last 5 years include:
• Providing outreach to its property owners by way of the City website and newsletter
regarding flood zone information. The information in the City newsletter is mailed to every
property owner on an annual basis, and a brochure is mailed annually to all properties in
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the community’s Special Flood Hazard Area (SFHA). The information is also on display
at the City’s public buildings. The City Library has available a multitude of periodicals,
such as books, pamphlets, brochures, and fact sheets regarding disaster preparedness
and recovery, flood insurance program, and its supporting documentation. During
hurricane season, the Library places on display hurricane/wind/flood disaster
preparedness in a showcase which includes sources of information, damage, and disaster
control.
• The City’s Building Department maintains both on-site and off-site elevation certificates
for new and substantially improved buildings and recordkeeping of floodplain inquiries.
Upon request, elevation documentation, and the Flood Insurance Rate Map (FIRM) is
provided to the public. Additionally, technical advice and assistance is provided to
interested property owners. The available documentation and technical assistance is
annually publicized and always displayed on the community’s website.
• Overall, the City maintains its designated open space preservation sites. The City’s
Stormwater Management Plan enforces the stormwater management regulations,
including freeboard in non-SFHA zones, soil and erosion control, and water quality. The
City enforces a regulation prohibiting dumping in the drainage system. The drainage
system inspection and maintenance is conducted on an on-going basis. A Capital
Improvement Program is ongoing for the drainage system management.
The City of Lighthouse Point current Floodplain Management Ordinance reflects the latest FIRM
maps.
Margate, City of– (CRS Community)
The City of Margate has been a CRS Community since the year 2000. Margate became a Class
7 Community in 2011. The City has designated Reddy Chitepu, Director, as both the Floodplain
Manager and CRS Coordinator. CRS activities undertaken in the past 5 years include the
following activities:
• Maintain Elevation Certificates on all new and substantially improved buildings in Special
Flood Hazard Areas (SFHA).
• Maintain database for permits issued for new or substantially improved buildings in the
SFHA.
• Provide Flood Insurance Rate Map (FIRM) information and information on the flood
insurance purchase requirements to inquirers.
• Complete annual outreach project to the community.
• Keep our FIRM updated and maintain old copies of our FIRM.
• Maintain flood protection materials on the city website and the public library.
• Update flood information on the city website annually.
• Provide flood assistance/information to anyone requesting such assistance/information.
• Preserve or increase open space in the floodplain.
• Enforce the floodplain management provisions of our zoning, subdivision, and building
code ordinances.
• Use and update our flood data maintenance system.
• Enforce the stormwater management provisions of our zoning, subdivision, and building
code ordinances for new developments in the watershed.
• Track building improvements and repairs
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• Enforce the requirement that all new buildings must be elevated above the street or base
flood elevation.
• Inspect and maintain all city drainage facilities.
• Enforce the current building code.
• Use and update our flood data.
• Provide flood management data to our repetitive loss properties as well as our defined
repetitive loss areas.
• Implement our drainage system maintenance program.
• Enforce our stream dumping regulations.
• Maintain our system of Benchmarks.
• Maintain our Flood System Threat Recognition
The City of Margate’s current Floodplain Management Ordinance reflects the latest FIRM maps.
As of January 2011, the City had 10,884 flood insurance policies.
Miramar, City of– (CRS Community)
The City of Miramar, Florida has been a CRS Community since 1994. Miramar is currently a Class
8. The City has designated the Assistant Public Works Director as the CRS Coordinator and
Senior Zoning Specialist as Floodplain Manager. CRS activities undertaken in the past 5 years
include:
• Elevation Certificates
• Map Information Service
• Outreach Projects
• Flood protection Information
• Flood protection Assistance
• Update flood information on the City’s website
• Open Space preservation
• Higher Regulatory Standards
• Flood data maintenance
• Stormwater management
• Floodplain management Planning
• Drainage System maintenance
• Flood Warning program
• Dam Safety
• Canal embankment stabilizations
The City of Miramar’s current Floodplain Management Ordinance reflects the latest FIRM maps.
As of April 2017, the City had 7,193 flood policies. The last Community Assistance Visit was
conducted on 2013 at which time no violations or other program deficiencies were found.
In 2011, the City of Miramar purchased a replacement street sweeper as part of its continuing
efforts to reduce the amount of debris on the roads and contaminants entering the City's
stormwater system, canal, and waterways. These actions are in accordance with the City’s Best
Management Practices and NPDES requirements for flood protection.
n and pollution control.
Flood Damage Reduction Projects Follow-up
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Historic Miramar Redevelopment is a major City priority in preserving and upgrading the historical
eastern areas of the City. During the Historic Miramar Infrastructure Improvements Phase 1
project, the City invested $10 million to enhance and improve the underground utilities
infrastructure. These improvements were completed in 2007. In 2010, Phase 2 was started and
completed in December 2013 for $700,000. Phase 3 was bid in September 2016 and awarded
in May 2017 for $8.4 million with an expected completion date of late 2018. A goal of this project
is to provide water and sewerage, and enhanced flood protection.
Canal/Lake Embankment Stabilization Project
The City of Miramar owns the canals and lakes east of University Drive in Historic Miramar. Many
of these canal and lake banks are experiencing erosion and failing seawalls. In 2012, the City
embarked on a canal/lake embankment stabilization program for the repair/reconstruction of
eroded canal/lake banks. The City retained a consultant to perform an Engineering Feasibility
and Needs Assessment Study of the canal/lake embankments. In February 2016, Phase 1 was
started and completed in March 2017 for $260,000. The City has allocated $1.7 million to future
phases of the project over the next five (5) years. Stabilization of the canal/lake embankments
will prevent further loss of land on the affected properties; and help improve the water quality in
the canals and lakes. In addition, the associated dredging of the canals/lakes bottoms will
increase the storage capacity of water in the canals/lakes.
North Lauderdale, City of– (CRS Community)
The City of North Lauderdale has been a NFIP participating community since 1979 and a CRS
Community since October 1993. CRS activities undertaken in the past 5 years include:
• Secure and store elevation certificates
• Firm Map Information to the public, lending institutions, and insurance agents
• Outreach Projects such as quarterly newsletters and special events
• Flood Protection Information through the Broward County Library System in the city
• Flood Protection Assistance by providing certified construction and stormwater inspectors
to address public concerns.
• Open Space Preservation throughout the 153.7 AC of parks in the SFHA to control
flooding potential.
• Stormwater Management and participation with Broward County in compliance with our
NPDES permit
• Drainage System Maintenance is conducted by the North Lauderdale Water Control
District personnel.
The City of North Lauderdale current Floodplain Management Ordinance reflects the latest FIRM
maps.
Oakland Park, City of– (CRS Community)
The City Of Oakland Park (ID #120050) has fully participated in the NFIP Community Rating
System (CRS) since June 9, 1994. The City’s CRS activities undertaken in the past 5 years
include:
• The maintenance of a Stormwater Management Ordinance as part of the City’s Land
Development Code, enforcing floodplain management requirements related to drainage
which includes regulating all and substantially improved construction in special Flood
Hazard Areas (SFHAs).
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• The City’s Engineering & Community Development Department along with the Public
Works Department are committed to enforcement of regulations, procedures, and design
criteria as it relates to the City’s Stormwater/Floodplain Management Plan. New
development/redevelopment is regulated by the City’s Land Development Code, Chapter
24. Sections pertaining to Stormwater Management include Article IX, Environmental
Regulations and Article X, Floodplain Management. The City’s Building Official enforces
all development/redevelopment in accordance with the latest edition of the Florida Building
Code.
• The City’s Public Works Director and the City Engineer jointly enforce all regulations as
adopted in Chapter 12 of the City Code, Article II, Stormwater Management. The City’s
Building & Permitting Division of Engineering & Community Development Department
maintains all elevation certificates for new and substantially improved buildings. Copies of
those elevation certificates are made available to the public upon request. Oakland Park
has also adopted the Broward County Local Mitigation Strategy (LMS).
In addition, the City participates in the following NFIP/CRS activities:
• Map Information Service
• Open Space Preservation
• Flood Data Maintenance
• Community Assistance
• Higher Regulator Standards
• Community Outreach
• Drainage System Maintenance Program
• Stormwater Management
• Repetitive Loss Properties
The City of Oakland Park’s current Floodplain Management Ordinance reflects the latest FIRM
maps. Oakland Park provides an annual Floodplain Management Plan update to the CRS as a
requirement of our annual recertification. In addition, the City maintains a database in relation to
the FEMA flood insurance rate map amendments and uses GIS floodplain identification and
mapping techniques for data collection, research, and public information purposes.
Parkland, City of
The City of Parkland has been a participating NFIP community in good standing since 1979. In
1988, the City passed a Floodplain Management Ordinance that continues to reflect the current
FIRM maps. The designated Floodplain Manager is the Building Official. Permits in Special Flood
Hazard Areas (SFHAs) are issued by the Building Division, excluding development permits such
as for infrastructure and roadways, which are permitted by the Engineering Department. The City
of Parkland has not approved any variances to the Floodplain Management Ordinance.
Other Information
Most property in the City is zoned residential. All commercial and most residential construction in
the City is post-FIRM.
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Approximately half of all properties within the City are designated Zone ‘X’ since December 1992,
with a very small area of Zone ‘X’ (shaded). At the time of the City’s adoption of the Floodplain
Management Ordinance, this area represented the approximate physical boundaries of the City.
The other, western ‘half’, which was farmland subsequently annexed into the City, is for the most
part designated Special Flood Hazard Area ‘AH’. The base flood elevations were determined to
be 12, 13, and 14 at the time of the printing of the rate maps, August 18, 1992. The major
developer, who added lakes, culverts, and a pumping station, received approval for 2 LOMRs,
which essentially modified most of this property from AH 13 or 14 to AH 12.
In addition, the City received notification from FEMA approving LOMAs for 33 individual lots and
one 35-lot residential subdivision development in this western area, re-designating each of these
SFR structures from AH 12 to Zone ‘X’.
Pembroke Park, Town of
The Town of Pembroke Park has been a participating NFIP community in good standing since
May 1, 1979. In 1979, the Town passed a Floodplain Management Ordinance that continues to
reflect the current FIRM maps. The designated Floodplain Manager is the Public Works Director.
Permitting in Special Flood Hazard Areas (SFHAs) is issued by the Chief Building Official. The
Town has not allowed variance to the flood plain ordinance.
Pembroke Pines, City of- (CRS Community)
The City of Pembroke Pines has been a CRS Community since October 1, 1994. Pembroke Pines
is currently a Class 7. The City has designated the City Engineer as the CRS Coordinator and
Floodplain Manager. CRS activities undertaken in the past 5 years include:
• Publishing a flood awareness flyer to all residential and commercial address twice per
year
• A pro-active drainage system maintenance program
• Adding flood zone information to our public website as well as a trained staff member
available by telephoning the department
• Acquisition of open space
• Modification of our flood protection ordinance
The City of Pembroke Pines’ current Floodplain Management Ordinance reflects the latest FIRM
maps. As of January 2017, the City had 10,022 flood policies (in 2011, this count was 35,622).
The last CAV was on November 14, 2007, at which time the FEMA found no violations or other
program deficiencies.
Plantation, City of– (CRS Community)
The City of Plantation has been a CRS Community since October 1, 1992. The City of Plantation
is currently a Class 6. The City has designated Samira Shalan, City Engineer, as the CRS
Coordinator and Floodplain Manager. CRS activities undertaken in the past 5 years include:
• Maintain Elevation Certificates on all new and substantially improved buildings in Special
Flood Hazard Areas (SFHA).
• Maintain database for permits issued for new or substantially improved buildings in the
SFHA.
• Provide Flood Insurance Rate Map (FIRM) information and information on the flood
insurance purchase requirements to inquirers.
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• Complete annual outreach project to the community.
• Continue to keep our FIRM updated and maintain old copies of our FIRM.
• Maintain flood protection materials on the city website and the public library.
• Continue to preserve or increase open space in the floodplain.
• Continue to enforce the floodplain management provisions of our zoning, subdivision, and
building code ordinances for new developments in the watershed.
• Continue to enforce the requirement that all new buildings must be elevated above the
street or base flood elevation.
• Continue to inspect and maintain all city drainage facilities.
• Provide property protection and flood management data to our repetitive loss properties
as well as our defined repetitive loss areas.
• Continue to implement our drainage system maintenance program.
• Continue to enforce our stream dumping regulations.
The City of Plantation’s current Floodplain Management Ordinance reflects the latest FIRM maps.
As of January 2017, the City had 7,698 flood policies (in 2011, this count was 21,240). The
Insurance Services office conducted a verification visit on October 12, 2017.
Pompano Beach, City of– (CRS Community)
The City of Pompano Beach has been a CRS Community since 1993. Pompano Beach is
currently a Class 7 and has been since 2012. The city has designated Paola A. West, Principal
Planner, as the CRS Coordinator and Michael P. Rada as the city’s Floodplain Manager. The
following is the summary of the city’s current program for NFIP compliance:
• Prevention for new properties:
o The City of Pompano Beach has land development regulations which mandate the
height of all new residential buildings at 18” inches above the crown of the road and
of all new nonresidential buildings at 6” inches above the crown of the road. Section
152.29 (C) (1) (a) & (b)
o The City of Pompano Beach requires that the elevation of seawalls newly erected, or
repaired in a manner which effects elevation, shall be consistent with the elevations of
adjacent seawalls. Persons so desiring to construct or repair a seawall to an elevation
above adjacent seawalls shall furnish a plan to the City Engineer for approval prepared
by an engineer in the State of Florida, showing elevations of proposed and adjacent
seawalls referenced to North American Vertical Datum of 1988 (NAVD 88) and
justifying the desired seawall elevation. The design shall provide for a stepped
transition from proposed to existing seawall elevations with a rise not to exceed seven
inches and a run or tread not less than eleven inches. However, the desired seawall
elevation shall not exceed an elevation of five feet ten inches NAVD 88. Section
151.05. By the end of July, a revision to this code section is anticipated to be adopted
whereas the “stepped transition” for seawalls will be removed and will read as follows:
The desired seawall elevation shall not exceed an elevation of five feet ten inches
NAVD 88. Persons so desiring to construct or repair a seawall shall furnish a plan to
the City Engineer for approval prepared by an engineer in the State of Florida, showing
elevations of proposed and adjacent seawalls referenced to North American Vertical
Datum of 1988 (NAVD 88).
o The State of Florida established a coastal construction line pursuant to section
161.053, F.S. Floodplain development permits and building permits shall include a
condition that all other applicable state or federal permits be obtained before
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commencement of the permitted development, including but not limited to the Florida
Department of Environmental Protection for construction , reconstruction, changes, or
physical activities for shore protection or other activities seaward of the coastal
construction control line ; section 161.141, F.S. Section 152.24.
o Drainage Facilities are required for all new development. The level of service is
established in the Drainage Element of the Comprehensive Plan. Section 154.74
o The City of Pompano Beach has a stormwater utility which maintains the existing
drainage facilities and constructs new drainage facilities. Section 53.16 (E)
o Property protection: To protect existing properties from flooding and maintain
drainage, the city limits paving of the swales in the right-of-way (Section 100.38);
encourage existing homeowners to maximize green space and regrade their
properties to direct stormwater into swales and catch basins; the city regularly
regrades swales, as needed, and maintains catch basins and routinely clean drains to
ensure flooding due to clogged catch basins is minimized; the City has spent $14.7
million in the past 5-years on capital improvement projects that improve stormwater
management and reduce flood potential on private property; the city has a 5-year
capital improvement plan with $29.0 million worth of stormwater improvements to be
implemented in the next 5-year time frame. The City also assists the private sector in
issuing Letters of Map Amendments (LOMAs) and Letters of Map Revisions (LOMRs);
maintains training in the NFIP; and in the review of Elevation Certificates. The City
currently has six (6) Certified Floodplain Managers in the Building Division and one
additional Floodplain Manager in the Planning and Zoning Division. The city also
maintains a GIS system with elevation and flood plain data and keeps the city website
updated with all flood related information that might be useful to the private sector.
o Natural resource protection: The city has a dune restoration program along the beach
and maintains several pine scrubs preserves within the city limits.
o Emergency services: In coordination with the City of Pompano Beach and the National
Weather Service, Broward County issues hurricane and tropical storm watches and
warnings as well as storm surge watches and warnings (new in 2017). Broward County
and the City of Pompano Beach operate Emergency Operations Centers and the city
currently utilizes the CodeRed system for emergency notification messages. The
water utility phone base is utilized for contact information and the public can also opt
into the system through the city's Website.
o Structural projects: Beach renourishment is performed at irregular intervals and the
city implements an annual list of stormwater improvement projects as mentioned
above. The city has updated the Floodplain/Stormwater Management Master Plan
which is a 2-year process that will culminate in an updated Capital Improvements
Program to continue to improve the structural integrity of the drainage system.
Public Information:
o The City of Pompano Beach maintains digital flood zone maps on a GIS system with
an aerial base map that shows an extremely high level of detail and can be searched
for specific properties based on the property address for any property in the city.
o The City of Pompano Beach mails the Tradewinds magazine to residents twice a year.
Tradewinds contains an article on flooding and flood protection.
o The City of Pompano Beach mails a letter to insurers, lenders, and real estate offices
each year to inform them of the availability of flood zone information.
o Flood plain maps are available at the City’s libraries as well as City Hall.
o People can call the City for technical assistance. The telephone number is published
in Tradewinds article.
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o The city mails an 11-page, highly detailed "Flood Hazard" brochure to all property
owners near the start of each hurricane season.
o The city has established a specialized email address floodzoneinfo@copbfl.com for
people to request their flood zone information.
The City of Pompano is scheduled to be converted from the 2007 CRS Manual to the new 2013
CRS Manual at its verification visit sometime next year. To assess the current flood mitigation
practices of the City, find new ways to reduce flood risk (and possibly obtain a lower classification
and increase flood insurance discounts), and to convert practices to the “new” manual standards,
the City has entered into a Service Agreement with CRS (Community Rating System) Max
Consultants. CRS Max Consultants has recently identified a few areas where changes in
regulations can help obtain additional CRS points, with the goal of improving the City’s rating from
a 7 to either a 6 or 5. An analysis is being done to determine if/how adoption of the freeboard
standard, which requires that new residential buildings or substantial improvements to existing
residential buildings be constructed 1 foot or more above the Base Flood
Elevation could be implemented in Pompano Beach. The freeboard approach is different from the
current regulation which mandates the height of all new residential buildings and substantial
improvements to existing buildings be at base flood or 18” inches above the crown of the road--
whichever is greater, and all new nonresidential buildings be base flood plus one foot or 6” inches
above the crown of the road--whichever is greater (Section 152.29 (C). Adoption of the freeboard
standard has been identified by CRS Max Consultants as one of these changes. Additionally, the
City is currently working on creating a Program for Public Information (PPI) Committee to find
additional ways to obtain credit through outreach.
The City of Pompano Beach current Floodplain Management Ordinance reflects the latest FIRM
maps that were adopted on August 18th, 2014. As of May 2017, the city had 19,426 flood
policies (in 2013, this count was 25,824).
Sea Ranch Lakes, Village of
The Village of Sea Ranch Lakes has been a participating NFIP community in good standing since
1977. Sea Ranch Lakes has an approved Flood Damage Prevention Ordinance that continues to
reflect the current FIRM maps. The designated Floodplain Manager is the Chief of Police.
Permitting in Special Flood Hazard Areas (SFHAs) is issued by the Village Clerk.
Southwest Ranches, Town of
The Town of Town of Southwest Ranches has been a participating NFIP community in good
standing since November 2004. In 2004, the Town passed a Floodplain Management Ordinance
that continues to reflect the current FIRM maps. The new designated Floodplain Manager will be
the Town Engineer. Permitting in Broward County Emergency Management Special Flood Hazard
Areas (SFHAs) will also be issued by the Town Engineer.
Sunrise, City of– (CRS Community)
The City of Sunrise has been a CRS Community since 1996. Sunrise is currently a Class 7. The
City has designated the Deputy Utilities Director as the CRS Coordinator and City Engineer as
the Floodplain Manager. CRS activities undertaken in the past 5 years include:
• Maintaining Elevation Certificates for New/Substantially Improved Buildings
• As requested, provide Flood Insurance Rate Map information and copies of available
Elevation Certificates to residents, lenders, insurance agents, and real estate offices.
• Providing annual outreach to all property owners, including residents within the flood
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plains, receiving a water bill.
• Our website and public library maintain flood protection materials.
• We use our regulatory flood data before a new development can proceed in our
floodplain.
• We continue to enforce the floodplain management provisions of our zoning, subdivision
and building code ordinances.
• Updating or flood data maintenance system on an annual basis as needed.
• Enforcing the stormwater management provisions of our zoning, subdivision and building
code ordinances for new developments in the watershed.
• We continue to implement our drainage system maintenance program.
• We continue to enforce our stream dumping regulations.
• We continue to preserve our open space in the floodplain open space within the
floodplain.
The City of Sunrise’s current Floodplain Management Ordinance reflects the latest FIRM maps.
As of October 2016, there were 5,750 flood insurance policies in force in the City of Sunrise.
The City of Sunrise is currently preparing for the next CRS Cycle Visit, which will take place on
September 7, 2017, and will be based on the 2017 CRS manual.
Tamarac, City of – (CRS Community)
The City of Tamarac has been a CRS Community since 1992. CRS activities undertaken in the
past 5 years include:
• Print and mail out to all residents and business owners a Flood Protection Brochure twice
a year were explaining to all property owners’ things to know such as, the National Flood
Insurance Program, the Benefits of having Flood Insurance in each property, Flood Plain
Development Permit Requirements, Flood Warning Systems, and Flood Hazard
Information.
• Provide copies of Elevation Certificates when available and Make Flood Zone
Determinations with the FIRM map, and the Special Flood Hazard Area Map.
• The City continues to preserve approximately 1,352 acres in the Special Flood Hazard
Areas as open space.
• The City continues to enforce the requirements that all new buildings must be elevated
above the crown of the road as required in our City Ordinance.
• The Public Works Department has a Drainage System Maintenance Program for the entire
City.
• The Public Works Department provides site visits regarding Flooding, Drainage, and
Storm Water related problems to address any issues and correct them as required.
• The City also has an Outreach Program to the Community thru Neighborhood Meetings,
Homeowners Association meetings, and information in The City’s Website to help and
alert the residents and the business community about The City’s Flood Programs.
• On March 10, 2010, the Tamarac City Commission approved Resolution 2010-29 adopting
the December 2009 Revision of the Broward County Multi-Jurisdictional Local Mitigation
Strategy Plan.
The City of Tamarac current Floodplain Management Ordinance reflects the latest FIRM maps.
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West Park, City of
The City of West Park has been participating in the NFIP community since 2006. In 2005, the City
passed a Floodplain Management Ordinance. To this end, the City has already started by
completing the following:
• Stormwater Management Program adoption
• Drainage System Maintenance Public Outreach & Education
• Storm Drainage Cleaning and Maintenance
• Twin Lakes Maintenance
• Retention Pond Maintenance
• Tree Planting
• Map Information Service
• Open Space Preservation
• Adherence to National Pollutant Discharge Elimination System (NPDES) Permit
Requirements
• Adoption of Capital Improvement Plan
• Streamlined Illegal Dumping Ordinance
• Floodplain Management Plan is being Updated.
The City is constantly monitoring drainage system and catch basins.
The City of West Park will continue to be an active member of the Broward County Local
Mitigation Strategy.
Weston, City of
The City of Weston has been a CRS community since May 1, 2009. Weston is currently a Class
8. The city has designated the Director of Public Works as the CRS Coordinator and consultant
Calvin, Giordano & Associates as Floodplain Manager. CRS activities undertaken in the past year
include:
• Review and Maintain Elevation Certificates on all new and substantially improved
buildings in our Special Flood Hazard Area.
• Provide Flood Insurance Rate Map information to the public, lenders, insurance agents,
and real estate offices.
• Provide Flood protection assistance to inquirers and maintain a “records of service”.
• Provide an annual outreach project to the community.
• Provide a copy of the community’s Flood Insurance Rate Map and an explanation of
their use in our public library.
• Enforce storm water management provisions through our Zoning, Engineering, Building,
• and local Code Ordinances.
• Preserve open space in the Floodplain.
• Provide a copy of property protection for repetitive loss areas.
• Exercise an outreach program that informs the public of flood warnings and safety.
• measures.
• Administer a drainage system maintenance program.
The City of Weston’s current Floodplain Management Ordinance reflects the latest FIRM maps.
The City adopted the ELMS March 18, 2013, via City of Weston Resolution No. 2013-23.
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As of March 2017, The City had 4,422 NFIP policies in force (in 2011, this count was 3,637).
The last CAV was in April 2012, and the City’s ISO Community Rating Visit was on March 4,
2008, at which time the State and FEMA found no violations or other program deficiencies.
Wilton Manors, City of
The City of Wilton Manors has been a participating NFIP community in good standing since 1987.
In 1987 (amended 2005), the City passed a Floodplain Management Ordinance that continues to
reflect the current FIRM maps. The designated Floodplain Manager is the Director of Community
Development Services. Permitting in Special Flood Hazard Areas (SFHAs) is issued by the
Director of Community Development Services.
Continued Compliance
Broward County and all its jurisdictions are committed to continued participation and compliance
with the National Flood Insurance program (NFIP). A major mitigation priority of the LMS is the
reduction of repetitive flood loss properties. The County and its CRS participating municipalities
track repetitive loss properties county-wide on an ongoing basis using data gathered annually
from FEMA.
For mitigation, planning, and strategy development purposes, the LMS maintains updated GIS
maps and informational databases of repetitive loss property locations relative to historical flood
areas and designated Special Flood Hazard Areas. Repetitive loss properties are an ongoing
discussion and planning priority for the LMS. All committees of the LMS are encouraged to
develop and promote mitigation project ideas and strategies.
Specific prioritized actions for continued compliance with the NFIP for the next 5 years cycle
include:
• Promote and continue to participate in the National Flood Insurance Program
• Identify and reduce the number of repetitive loss properties in each jurisdiction.
• Provide additional support to the Community Rating System (CRS) to increase Class
Ratings
• Continue activities within the CRS Subcommittee/User Group to address reduction in CRS
Class ratings.
• Identify and implement storm water projects that would eliminate in-urban and residential
areas.
County-wide Flood Loss Reduction Strategy
Flood is consistently the most recurrent and costly hazard to the residents, businesses, and
government operations. Therefore, an important part of the ELMS was to place special emphasis
on addressing and mitigating the flood risk. A new chapter, Economic Vulnerability, described in
detail the flood risk and potential loss scenarios for key economic areas in the County. Renewed
emphasis has been placed on active participation in CRS and SFWMD has become an active
partner in the LMS. By 2013, Broward County will have updated digital Flood Insurance Rate
Maps (dFIRMs).
The items below, which may be repetitive of other sections of the plan, have been grouped here
to show the overall recently invigorated effort to reduce the County’s flood risk:
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• Encourage all municipalities to participate in CRS and encourage currently participating
communities to implement activities that will accrue more CRS credit points.
• Continued engagement of the LMS CRS Subcommittee/User Group and include sea level
rise issues.
• Leverage public-private partnerships to mitigate flood vulnerabilities identified in the
Economic Vulnerability Chapter of the ELMS
• Integrate flood mitigation measures and policies into other community planning processes
like comprehensive plans.
• Consider adopting 500-year flood elevation standard.
• Continue the partnership with SE Florida Regional Climate Change Compact group to
address sea level rise.
• Continue frequent communication with the SFWMD through the District’s Broward
Intergovernmental Representative (who in 2012 was also a member of the County LMS
group) to find ways to strengthen partnership in addressing flood hazards.
o Support the SFWMD Operations and Maintenance (O&M) Plan implementation.
o Review the SFWMD’s 50-year plan and find out what is relevant to Broward County
flood mitigation.
o Support the SFWMD’s effort to modernize its older facilities in Broward County
Consider larger scale flood projects on canal system under FEMA
programs like HMGP and PDM
Consider sea level rise impacts on water control structures and canals
under SFWMD jurisdiction (SFWMD coordinates with the County and
municipalities on sustainability actions)
o County EMD mitigation and recovery officials should continue, along with other key
LMS representatives, attend the quarterly meetings of the Broward County Water
Resources Task Force and Broward Surface Water Coordinating Council (which
includes the SFWMD, local water control districts like the South Broward Drainage
District (some are also known as ‘298s’ after Chapter 298 of Florida Statutes))
Consider use of WebEOC to tie in SFWMD and local drainage districts
before and during likely flood events.
o Work with SFWMD to scope and pursue project that include mitigation measures
from funding sources for stormwater projects (e.g., the Environmental Protection
Agency’s grant programs). These grant pursuits would likely need to include
multiple objectives like water quality.
The LMS should coordinate with local elected officials and Broward state
legislators to seek state funds for combined stormwater/mitigation projects.
SFWMD should continue to work with local drainage districts to find
solutions to more localized drainage issues (e.g., installation of gates and
change in operating criteria in Southwest Ranches)
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Appendices
Appendix A – Project Prioritization Matrix
Appendix B – Proposed Mitigation Project Form
Appendix C – Mitigation Project List
Appendix C contains the latest update of Broward County’s LMS Mitigation Project List. The list
of projects is ever changing as projects completed through self-funding or with grant assistance
are dropped and new proposed and planned projects are added. Jurisdictions and other
potential project sponsors, particularly those not having projects on the current list, are
encouraged to submit projects. The expectation is that all eligible applicants are represented on
this list with projects that address identified local hazards, vulnerabilities, and mitigation
strategies. The status for each project is included.
Appendix D – LMSWG Membership List
Appendix E – Planning Process Support Documents
A binder containing this information is maintained at the Broward Emergency Management Division’s
office.
Appendix F – Resolutions
This appendix will contain the Resolution by the Broward County Board of County
Commissioners adopting this Plan and all municipal resolutions supporting the ELMS Plan.
Appendix G – Discontinued ELMS Hazard Profiles
This appendix contains previous ELMS version Hazard Profiles that are no longer considered
Hazards of Most Concern because of the 2017 Risk and Vulnerability Assessment Workshop.
Appendix H – Local Enhanced Plan and Mitigation Integration Summary
Appendix I – Critical Facilities
Appendix J – Hazards Summary Profile
Appendix K – Loss Estimation Tool
Appendix L – Grant Funding Sources Table
Appendix M – All Hazards Survey
City of Dania Beach
Finance Memorandum
DATE: 9/26/2023
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Frank L. DiPaolo, Chief Financial Officer
SUBJECT: A Resolution adopting an updated Investment Policy acknowledging changes to
Florida Statutes Section 218.415
Request:
The Finance Department requests approval of a Resolution adopting an updated Investment
Policy acknowledging changes to Florida Statutes Section 218.415.
Background:
The City’s Investment Policy was last updated in 2022. Since then, Florida House Bill 3 was
signed into law by Florida Governor Ron DeSantis, which law amends Florida Statutes Section
218.415, defining the term “pecuniary factor”, requiring units of local government to make
investment decisions based solely on pecuniary factors.
Pecuniary factors are those expected to have a material effect on the risk and/or return of an
investment based on appropriate investment horizons consistent with the plan’s investment
objectives and the funding policy. This excludes the consideration of the furtherance of social,
political, or ideological interests when making investment decisions.
The Finance Department has discussed the matter with Public Trust Advisors, the City’s
investment portfolio manager, and determined that it is in the best interest of the City to amend
its Policy to acknowledge the newly enacted law and ensure compliance with Florida Statutes
Section 218.415, and the City Administration recommends adoption of the amended Policy.
Budgetary Impact
None.
Recommendation
Approve the Resolution adopting an updated Investment Policy acknowledging changes to
Florida Statutes Section 218.415.
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.
WHEREAS, in accordance with Florida Statutes, Section 218.415, all local governments
must adopt a written investment plan (the “Policy”) for any public funds in excess of the amounts
needed for current expenses; and
WHEREAS, the last comprehensive update to the Policy was adopted on July 12, 2022;
and
WHEREAS, in 2023, Florida House Bill 3 was signed into law by Florida Governor Ron
DeSantis, which law amends Florida Statutes Section 218.415, defining the term “pecuniary
factor”, requiring units of local government to make investment decisions based solely on pecuniary
factors; and
WHEREAS, it is in the best interest of the City to amend its Policy to acknowledge the
newly enacted law and ensure compliance with Florida Statutes Section 218.415, and the City
Administration recommends adoption of the amended Policy.
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 Investment Policy is hereby amended in accordance with updates
Florida Statutes Section 218.415, a copy of which Policy is attached as Exhibit “A” and
incorporated into 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 effective 10 days after passage.
2 RESOLUTION #2023-
PASSED AND ADOPTED on September 26, 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
City of Dania Beach Investment Policy
Updated July October 20232
CITY COMMISSION
A.J. Ryan, IV, Mayor
Lori Lewellen, Vice Mayor
Joyce L. Davis, Commissioner
Tamara James, Commissioner
Marco Salvino Sr, Commissioner
CITY MANAGER
Ana M. Garcia, ICMA-CM
CHIEF FINANCIAL OFFICER
Frank L. DiPaolo, CPA
City of Dania Beach Investment Policy Page 2
Table of Contents
Page
I. PURPOSE 3
II. SCOPE 3
III. INVESTMENT OBJECTIVES 3
IV. DELEGATION OF AUTHORITY 4
V. STANDARDS OF PRUDENCE 5
VI. ETHICS AND CONFLICTS OF INTEREST 5
VII. INTERNAL CONTROLS AND INVESTMENT PROCEDURES 5
VIII. CONTINUING EDUCATION 6
IX. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS 6
X. MATURITY AND LIQUIDITY REQUIREMENTS 6
XI. COMPETITIVE SELECTION OF INVESTMENT INSTRUMENTS 7
XII. AUTHORIZED INVESTMENTS AND PORTFOLIO COMPOSITION 8
XIII. UNAUTHORIZED INVESTMENTS 17
XIV. PERFORMANCE MEASUREMENTS 17
XV. ACCOUNTING AND REPORTING 17
XVI. THIRD-PARTY CUSTODIAL AGREEMENTS 18
XVII. MUNICIPAL ADVISOR RULE 18
XVIII. RISK AND DIVERSIFICATION 18
XIX. INVESTMENT POLICY ADOPTION AND AMENDMENTS 18
ATTACHMENT: Glossary of Cash and Investment Management Terms
City of Dania Beach Investment Policy Page 3
Investment Policy
City of Dania Beach
I. PURPOSE
The purpose of this policy is to set forth the investment objectives and parameters for the management of public
funds of the City of Dania Beach, Florida (hereinafter “City”). These policies are designed to safeguard the City’s
funds, provide for the availability of operating and capital funds when needed, and promote an investment return
competitive with comparable funds and financial market indices.
II. SCOPE
In accordance with Section 218.415, Florida Statutes, this investment policy applies to all cash and investments
held or controlled by the City with the exception of the City’s three employee pension funds, all its deferred
compensation plans and funds related to the issuance of debt where there are other existing policies or indentures
in effect for such funds. Additionally, any future revenues which have statutory investment requirements
conflicting with this Investment Policy, and funds held by state agencies, are not subject to the provisions of this
policy.
III. INVESTMENT OBJECTIVES
Safety of Principal
The foremost objective of the City’s investment program is to ensure the safety of principal. Investment
transactions shall seek to avoid capital losses, whether they are from securities defaults (credit risk) or erosion of
market value (interest rate rise). To attain this objective, investments are limited to securities that are of very
high quality and considered safe and conservative. Section XII of this policy specifies authorized investments and
portfolio composition and establishes terms and conditions to ensure the safety of principal. Items to consider in
this regard are:
Interest Rate Risk
The City will minimize the interest rate risk, which is the risk that the value of the securities in the investment
portfolio will fall due to changes in interest rates, by:
•Structuring the portfolio so that securities mature to meet cash requirements for ongoing operations,
thereby avoiding the need to sell securities prior to maturity.
•Investing short term designated operating funds in primarily short-term securities, money market mutual
funds, or similar investment pools and limiting the weighted average maturity of the portfolio.
•Limiting the price sensitivity (duration) of the investments in the portfolio.
Credit Risk
The City will limit credit risk, which is the risk of loss due to default by the issuer, by:
•Limiting investments to investment-grade securities as rated by Moody’s, Standard & Poor’s, Fitch or
other nationally recognized statistical rating organization (NRSRO) in the United States.
•Diversifying the investment portfolio to reduce the impact of potential losses from any one type of
security, or an individual issuer or backer.
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Maintenance of Liquidity
The City’s investment portfolio shall be managed in such a manner that funds are available to meet reasonably
anticipated cash flow requirements in an orderly manner. Periodic cash flow analyses will be completed in order
to ensure that the portfolios are positioned to provide sufficient liquidity. By maintaining liquidity, the portfolio
will inherently reinforce the safety of principal requirement. This is accomplished by structuring the investment
program so that adequate liquidity in cash and cash equivalent investments is available to meet anticipated
demands. Furthermore, since all possible cash demands cannot be anticipated, the investment program should
consist of liquidity investment strategies for short term and daily liquidity needs, and investment portfolios
structured with securities with an active secondary or resale market. To facilitate this, the investment program
may be partitioned into a Short-term strategy focusing on cash equivalent or other investments with maturities
of less than one year, and a Long-term strategy focusing on higher yielding investment opportunities having
maturities of greater than one year. Section X of this policy establishes specific maturity and liquidity
requirements to meet this objective.
Return on Investment
The City’s investment portfolio shall be designed with the objective of maximizing a market rate of return
throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity
needs. The City shall maintain the level of investment of all idle bank balances as close to 100% as possible and
shall actively manage its investment portfolio to the greatest extent possible within the constraints of safety and
liquidity to take advantage of prevailing or anticipated market conditions. Return on investment is of tertiary
importance compared to the safety and liquidity objectives described above. The core of investments shall be
limited to relatively low risk securities as defined within this investment policy statement in anticipation of earning
a fair return relative to the risk being assumed. The City may utilize an active or passive investment strategy within
the overall investment program. Securities within a passively managed investment portfolio will generally be held
until maturity and securities in actively managed portfolios may be sold prior to maturity. Securities within the
investment program may be sold in accordance the investment program which include the following scenarios:
•A security with declining credit or a downgrade below the rating requirements stated later in this Policy
may be sold early to minimize loss of principal.
•A security swap would improve the quality, yield or target duration in the portfolio.
•Liquidity needs of the portfolio require that a security be sold.
Investment Decisions
The investment decisions for the City’s investment program must be based solely on pecuniary factors and may
not subordinate the interests of the beneficiaries of the investments to other objectives, including sacrificing
investment return or undertaking additional investment risk to promote any nonpecuniary factor. The weight
given to any pecuniary factor must appropriately reflect a prudent assessment of its impact on risk or returns. As
used in this policy, “pecuniary factor” has the same meaning as defined in section 218.415(24)(a), Florida Statutes.
IV. DELEGATION OF AUTHORITY
No person may engage in an investment transaction except as authorized under the terms of this investment
policy. The responsibility for providing oversight and direction in regard to the management of the investment
program resides with the City’s Chief Financial Officer (hereinafter “Director”). The Chief Financial Officer is also
designated as the Investment Officer of the City and is responsible for investment decisions and activities, under
the direction of the City Manager. The day-to-day administration of the cash management program is handled by
the Finance Department staff.
The Director shall hold primary responsibility for assuring compliance with the City’s Investment Policy. The
City of Dania Beach Investment Policy Page 5
Director and City Manager at any time may reassign the designation of Investment Officer to another competent
employee upon written notification. The Director and is authorized to make investments under this policy as
required or appropriate. The City may employ an Investment Manager by written contract to assist in managing
City funds. Such Investment Manager must be registered under the Investment Advisors Act of 1940. The Director
will maintain written procedures consisting of a system of internal accounting and administrative controls to
regulate the City’s investment activities.
V. STANDARDS OF PRUDENCE
The “Prudent Person” standard shall be applied in the context of managing the overall investment program. The
Director acting in accordance with written procedures and this investment policy and exercising due diligence
shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided
deviations from expectation are reported to the City Manager in a timely fashion and the liquidity and the sale of
securities are carried out in accordance with the terms of this policy. The “Prudent Person” rule states the
following:
Investments shall be made with judgment and care, under circumstances then prevailing, which
persons of prudence, discretion, and intelligence exercise in the management of their own affairs,
not for speculation, but for investment, considering the probable safety of their capital as well as
the probable income to be derived from the investment.
VI. ETHICS AND CONFLICTS OF INTEREST
Employees involved in the investment process shall refrain from personal business activity that could conflict with
proper execution of the investment program, or which could impair their ability to make impartial investment
decisions. Also, employees involved in the investment process shall disclose to the City Manager any material
financial interests in financial institutions that conduct business with the City, and they shall further disclose any
material personal financial/investment positions that could be related to the performance of the City’s investment
program. Employees shall refrain from undertaking personal investment transactions with the same individual
with whom business is conducted on behalf of the City.
VII. INTERNAL CONTROLS AND INVESTMENT PROCEDURES
The Director shall maintain a system of internal controls and operational procedures with regard to the City’s
investment program and be made a part of the City’s public funds management program. The internal controls
should be designed to protect the City’s assets and prevent the loss of funds which might arise from fraud,
embezzlement, error, mismanagement, or misrepresentation by City employees or by third parties. The
procedures should include at a minimum, reference to safekeeping, repurchase agreements, separation of
transaction authority from accounting and recordkeeping, wire transfer agreements, banking service contracts,
collateral/depository agreements, and “delivery-vs-payment” procedures.
The Director shall assign competent staff, to maintain separation of duties within the Financial Services
Department, to reconcile the City’s general depositor account on a monthly basis by comparing the City’s general
ledger with the applicable bank statements. The reconciliation would reveal any difference in investment
transaction recording and the actual movement of funds.
The Director shall assign competent accounting staff, to reconcile investments reflected in the custodial
statements with the City’s records. The reconciliation will be reviewed each month by the Director or designee.
City of Dania Beach Investment Policy Page 6
When applicable, the City’s Investment Manager shall also reconcile the custody statement with the statements
for all assets under management by the Investment Manager.
Independent auditors as a normal part of the annual financial audit or any other audit initiated by the City shall
conduct a review of the system of internal controls to ensure compliance with policies and procedures.
VIII. CONTINUING EDUCATION
In accordance with § 218.415(14), Florida Statutes, the Director and appropriate staff shall annually complete 8
hours of continuing education in subjects or courses of study related to investment practices and products.
IX. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS
The Director shall establish and maintain a list of approved broker/dealers and financial institutions and provide
them with a copy of this investment policy. The City or its Investment Manager, if any, will only buy and sell
securities using broker/dealers registered with the Federal Reserve Bank of New York’s list of “Primary
Government Securities Dealers”, approved non-primary securities dealers, or from banks and savings and loan
associations (including their wholly owned subsidiaries or their parent companies’ wholly owned subsidiaries
established to provide institutional brokerage services) that are included on the list of “qualified public
depositories” issued by the State of Florida. These entities must qualify under Securities and Exchange
Commission (SEC) Rule 15C3-1 (uniform net capital rule). No depository will operate without at least $100 million
in collateral or insurance coverage on the City’s accounts. The Director or the Investment Manager, if any, will be
responsible for operating within the guidelines of this policy and will be responsible for the selection of “Primary
Government Securities Dealers”.
All approved non-primary securities dealers must qualify under Securities and Exchange Commission Rule 15C3-1
(uniform net capital rule). The City’s Investment Manager will provide the Director a list of approved brokers
annually or as requested. The selection of broker/dealers used by an external investment adviser retained by the
City will be at the sole discretion of the investment adviser. For all transactions executed by the Director, the
approved broker must provide the following information prior to executing investment trades with the City:
1. Annual financial statement, as well as most recent quarterly statement.
2. Regulatory history, through either the Office of the Comptroller of the Currency for dealer
banks, or the NASD for securities firms.
3. Statement of any pending lawsuits materially affecting the firm’s business.
X. MATURITY AND LIQUIDITY REQUIREMENTS
To the extent possible, an attempt will be made to match investment maturities with known cash needs and
anticipated cash flow requirements.
A. Maturity Guidelines
Securities purchased by or on behalf of the City shall have a final maturity of five (5) years or less from the
date of trade settlement. The maturities of the underlying securities of a repurchase agreement will
follow the requirements of the Master Repurchase Agreement.
B. Liquidity Requirements
City of Dania Beach Investment Policy Page 7
In order to have an available source of funds to meet unexpected cash requirements, a minimum of the
equivalent of two months of projected payroll and operating expenditures will be invested with cash or
cash equivalents, or vehicles that provide daily liquidity. The City shall purchase only investments with an
active secondary market, with the exception of non-negotiable Certificates of Deposit and other time and
savings deposits.
XI. COMPETITIVE SELECTION OF INVESTMENT INSTRUMENTS
After the Director or the Investment Manager has determined the approximate maturity date, issuer, type, and
any other security characteristics based on cash flow needs and market conditions and has analyzed and selected
one or more optimal types of investments, a minimum of three (3) qualified banks and/or approved
broker/dealers must be contacted and asked to provide bids/offers in writing on securities in question. Bids/offers
will be held in confidence until the bid/offer deemed to best meet the investment objectives is determined and
selected.
From time to time, various government agencies, municipalities and corporations announce the issue of new
securities to the financial markets. Since all new issues bought in the primary market are sold at the same offering
price by all members of the selling syndicate, the competitive bidding process offers no benefit. If the new, “To
Be Announced” security meets the portfolio diversification and maturity requirements set forth in the Investment
Policy, the City may, at the discretion of the Director, place the investment with the broker/dealer or financial
institution that initiated the investment opportunity, provided that the broker/dealer or financial institution is on
the approved list.
The broker/dealer or financial institution offering the most favorable yield for the specific security type with the
desired maturity date will be selected. For all trades executed by the City, the broker/dealers and financial
institutions to be solicited will be rotated from the approved list, although if one or more specific dealers or
institutions have proven to be particularly competitive, they may be contacted for bids/offers on a more frequent
basis. All bids/offers for a particular purchase or sale shall be documented and the winning bid clearly identified
for auditing purposes.
If obtaining a bid/offer is not feasible and appropriate, securities may be purchased utilizing the comparison to
current market price method on an exception basis. Acceptable current market price providers include, but are
not limited to:
•Bloomberg Information Systems,
•Wall Street Journal or a comparable nationally recognized financial publication providing daily market
pricing,
•Daily market pricing provided by the City’s custodian or their correspondent institutions.
The Director or the Investment Manager shall utilize the competitive bid process to select the securities to be
purchased or sold. Selection by comparison to a current market price, as indicated above, shall only be utilized
when, in judgment of the Director or the Investment Manager, competitive bidding would inhibit the selection
process.
This method may only be used:
•When time constraints due to unusual circumstances preclude the use of the competitive bidding process
•When no active market exists for the issue being traded due to the age or depth of the issue
•When a security is unique to a single dealer, for example, a private placement
City of Dania Beach Investment Policy Page 8
A competitive offer or bid request wherein only one offer or bid is received shall satisfy the requirements of
competitive bidding of this policy and such transactions may be awarded in accordance with comparison to
current market price method described above.
Overnight sweep repurchase agreements will not be bid but may be placed with the City’s depository bank relating
to the demand account for which the repurchase agreement was purchased.
For all transactions executed by the City, the Director is authorized to seek commission recapture services and to
select the institution proposing the most responsive proposal resulting from contacting a minimum of three (3)
qualified institutions. Transactions subject to commission recapture will be subject to normal purchasing
procedures as stated in this section and with particular emphasis on following best execution practices.
XII. AUTHORIZED INVESTMENTS AND PORTFOLIO COMPOSITION
Investments should be made subject to the City’s cash flow needs and such cash flows are subject to revisions as
market conditions and the City’s needs change. However, when the invested funds are needed in whole or in part
for the purpose originally intended or for more optimal investments, the Director may sell the investment at the
then-prevailing market price.
The City shall actively manage its investment portfolio to the greatest extent possible within the constraints of
safety and liquidity to take advantage of prevailing or anticipated market conditions. The following are the
investment requirements and allocation limits on security types, issuers, and maturities as established by the City.
Diversification strategies within the established guidelines shall be reviewed and revised periodically as necessary
by the Director. The percentage allocation requirements for investment types and issuers are calculated based
on the market value of each investment. Due to fluctuations in the aggregate invested balance, these maximum
percentages may be exceeded from time to time and shall not require liquidation to realign the portfolio.
However, consideration should be given to this matter when future purchases are made.
The maximum percentage allocation requirements and any minimum credit ratings requirements shall apply at
the time the investment is made. Should the credit rating of a security owned by the City be downgraded to a
level below that required by this Investment Policy, the City will review the credit situation and determine if such
securities should be sold or retained in the portfolio based upon its remaining term to maturity, the credit outlook
for the issuer, and other relevant facts and circumstances. If the decision is made to retain a downgraded security,
it will be closely monitored by the City and reported on a quarterly basis to the Director. Investments not listed
in this policy are prohibited.
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City of Dania Beach Investment Policy Page 9
City and Investment Manager
Authorized Investment- Sector Type
Minimum Rating
Requirement
Maturity
Limits
Maximum
Allocation
Individual
Issuer Limit
Cash and Cash Equivalents N/A NA 100%N/A
United States Government Securities N/A 5 Years 100%N/A
United States Government Agencies N/A 5 Years 50%N/A
Federal Instrumentalities (United States
Government Sponsored Enterprises “GSE”)*N/A 5 Years 75%40%
Interest Bearing Time Deposit or Savings
Accounts N/A 1 Year 20%10%
Repurchase Agreements**N/A 90 Days 25%10%
Registered Investment Companies (Money
Market Mutual Funds)
AAAm
(or equivalent)N/A 20%10%
Intergovernmental Investment Pools (Stable
Net Asset Value)
AAAm
(or equivalent)N/A 40%N/A
Intergovernmental Investment Pools (Floating
Net Asset Value)
AAAf
(or equivalent)N/A 40%N/A
Florida PRIME Fund AAAm NA 25%N/A
Investment Manager
Authorized Investment- Sector Type
Minimum Rating
Requirement
Maturity
Limits
Maximum
Allocation
Individual
Issuer Limit
Mortgage Backed Securities “MBS”*AA 5 Years 20%15%
State and/or Local Government Taxable and/or
Tax-Exempt Debt
Single “A”
category by two
NRSROs****
5 Years 30%5%
Commercial Paper***A-1 by S&P and
P-1 by Moody’s 270 Days 20%5%
Corporate Notes***
Single “A”
category by any
NRSROs****
5 Years 25%5%
Asset-Backed Securities (ABS)***
Double “A”
category by any
two
NRSROs****
5 Years 20%5%
*The combined maximum amount of available funds invested in Federal Instrumentalities and mortgage-backed securities will not exceed seventy five percent (75%).
**Securities authorized for collateral are negotiable direct obligations of the United States Government, Government Agencies, and Federal Instrumentalities with
maturities under five (5) years and must have a market value for the principal and accrued interest of 102 percent of the value and for the term of the repurchase
agreement.
***The maximum amount of corporate investments will not exceed forty percent (40%). Therefore, the total allocation to Commercial Paper, Corporate Notes,
and Asset Backed Securities shall not exceed forty percent (40%).
****National Recognized Statistical Rating Organization (NRSRO).
City of Dania Beach Investment Policy Page 10
The following sectors (A-J) may be purchased by the City’s Director or by the City’s Investment Manager.
A. Cash and Cash Equivalents
1. Purchase Authorization
The Director and Investment Manager may invest in cash and cash equivalent investments that
provide daily and short term liquidity:
2. Portfolio Composition
A maximum of 100% of the portfolio market value may be invested in the cash and cash equivalent
investments.
B. United States Government Securities
1. Purchase Authorization
The Director and Investment Manager may invest in negotiable, full faith and credit, direct
obligations of the United States Government. Such securities will include:
Cash Management Bills
Treasury Securities – State and Local Government Series (“SLGS”)
Treasury Bills
Treasury Bonds
Treasury Notes
Treasury Strips
Treasury TIPS
2. Portfolio Composition
A maximum of 100% of the portfolio market value may be invested in the United States
Government Securities.
3. Maturity Limitations
The maximum length to maturity of any direct investment in the United States Government
Securities is five (5) years from the date of trade settlement
C. United States Government Agencies
1. Purchase Authorization
The Director and Investment Manager may invest in bonds, debentures, or notes issued or
guaranteed by United States Government agencies, provided such obligations are backed by the
full faith and credit of the United States Government and have an active secondary market. Such
securities will include:
United States Export – Import Bank
City of Dania Beach Investment Policy Page 11
-Direct obligations or fully guaranteed certificates of beneficial ownership
Federal Housing Administration
Government National Mortgage Association (GNMA)
Small Business Administration
United States Department of Housing and Urban Development
2. Portfolio Composition
A maximum of 50% of the portfolio market value may be invested in United States Government
agencies.
3. Maturity Limitations
The maximum length to maturity for an investment in any United States Government agency
security is five (5) years from the date of purchase.
D. Federal Instrumentalities (United States Government Sponsored Enterprises)
1. Purchase Authorization
The Director and Investment Manager may invest in bonds, debentures, or notes issued or
guaranteed by United States Government sponsored agencies (Federal Instrumentalities) which
do not carry the full faith and credit of the U.S. Government limited to the following:
Federal Farm Credit Bank (FFCB)
Federal Home Loan Bank or its City banks (FHLB)
Federal National Mortgage Association (FNMA)
Federal Home Loan Mortgage Corporation (Freddie-Macs)
2. Portfolio Composition
A maximum of 75% of the portfolio market value may be invested in Federal Instrumentalities.
3. Limits on Individual Issuers
A maximum of 40% of the portfolio market value may be invested in any one issuer.
4. Maturity Limitations
The maximum length to maturity for an investment in any Federal Instrumentality security is five
(5) years from the date of trade settlement
E. Interest Bearing Certificates of Deposit, Demand Deposit Accounts, Saving Accounts, NOW Checking
Accounts or Money Market Accounts
1. Purchase Authorization
The Director and Investment Manager may deposit public funds in non-negotiable interest
bearing certificates of deposit, (including through the Certificate of Deposit Account Registry
Service, or CDARS), demand deposit accounts, savings accounts, NOW checking accounts and
money market accounts in banks organized under the laws of this state and/or in national banks
City of Dania Beach Investment Policy Page 12
organized under the laws of the United States and doing business and situated in the State of
Florida, provided that such banks are Qualified Public Depositories (QPDs) and any such deposits
are secured by the Florida Security for Public Deposits Act, Chapter 280, Florida Statutes. QPDs
are confirmed by the Florida Chief Financial Officer and the Florida Department of Financial
Services and the list of current QPDs can be obtained at
https://www.myfloridacfo.com/division/treasury/collateral-management
2. Portfolio Composition
A maximum of 20% of the portfolio market value may be invested in non-negotiable interest
bearing deposits secured by the Florida Security for Public Deposits Act, Chapter 280, Florida
Statutes, as described herein.
3. Limits on Individual Issuers
A maximum of 10% of the portfolio market value may be deposited with any one financial
institution, except for deposits with the City’s primary treasury depository institution or deposits
in the CDARS program.
4. The maximum maturity on any deposit shall be no greater than one (1) year from the date of trade
settlement.
F. Repurchase Agreements
1. Purchase Authorization
a. The Director and Investment Manager may enter into repurchase agreements composed
of only those investments authorized in Section XII. B, C, and D. All financial institutions
are required to sign the City’s Master Repurchase Agreement prior to the execution of a
repurchase agreement transaction. The agreement must specify that it is governed by the
laws of the State of Florida, and it must be approved as to form and legal sufficiency by
the City Attorney.
b. A third party custodian with whom the City has a current custodial agreement shall hold
the collateral for all repurchase agreements with a term longer than one (1) business day.
Overnight repurchase agreement collateral for the City’s “Sweep Accounts”, if any, shall
be held at the City’s custodial or safekeeping institution. A clearly marked receipt that
shows evidence of ownership must be supplied to the Director and retained for all
repurchase agreements that are not overnight sweep accounts.
c. Securities authorized for collateral must have maturities under ten (10) years and have
market value for the principal and accrued interest equal to at least 102 percent of the
value and for the term of the repurchase agreement. Immaterial short-term deviations
from 102 percent requirement are permissible only upon the approval of the Director.
2. Portfolio Composition
A maximum of 25% of the portfolio market value may be invested in repurchase agreements.
3. Limits on Individual Issuers
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A maximum of 10% of the portfolio market value may be included in a repurchase agreement with
any one institution.
4. Limits on Maturities
The maximum length to maturity of any repurchase agreement is 90 days from the date of
purchase.
G. Registered Investment Companies (Money Market Mutual Funds)
1. Investment Authorization
The Director and Investment Manager may invest in shares in open-end and no-load money
market mutual funds provided such funds are registered under the Federal Investment Company
Act of 1940 and operate in accordance with 17 C.F.R. § 270.2a-7, which stipulates that money
market funds must have an average weighted maturity of 90 days or less. Must be rated in the
highest tier by a nationally recognized rating agency and whose portfolios consist of only dollar
denominated securities.
2. Portfolio Composition
A maximum of 20% of the portfolio market value may be invested in money market funds.
3. Limits of Individual Issuers
A maximum of 10% of the portfolio market value may be invested with any one money market
fund.
H. Intergovernmental Investment Pool (Stable Net Asset Value)
1. Investment Authorization
The Director and Investment Manager may invest in intergovernmental investment pools that are
authorized pursuant to the Florida Interlocal Cooperation Act of 1969, as provided in Section
163.01, Florida Statutes and provided that said funds contain no derivatives and share value can
never be less than $1. The stable net asset value intergovernmental investment pool must have
a rating of AAAm or equivalent.
2. Portfolio Composition
A maximum of 40% of available funds may be invested in intergovernmental investment pools
with a stable net asset value.
3. Due Diligence Requirements
A thorough review of any investment pool/fund is required prior to investing, and on a continual
basis. There shall be a questionnaire developed by the Director that will contain a list of questions
that covers the major aspects of any investment pool/fund.
I. Intergovernmental Investment Pool (Floating Net Asset Value)
City of Dania Beach Investment Policy Page 14
1. Investment Authorization
The Director and Investment Manager may invest in intergovernmental investment pools that are
authorized pursuant to the Florida Interlocal Cooperation Act of 1969, as provided in Section
163.01, Florida Statutes. The floating net asset value intergovernmental investment pool must
have a rating of AAAf or equivalent.
2. Portfolio Composition
A maximum of 40% of available funds may be invested in intergovernmental investment pools
with a floating net asset value.
3. Due Diligence Requirements
A thorough review of any investment pool/fund is required prior to investing, and on a continual
basis. There shall be a questionnaire developed by the Director that will contain a list of questions
that covers the major aspects of any investment pool/fund.
J. The Florida Local Government Surplus Funds Trust Fund (Florida Prime/SBA)
1. Investment Authorization
The Director may invest in the Florida Prime.
2. Portfolio Composition
A maximum of 25% of available funds may be invested in the Florida Prime.
In addition to the permitted sectors defined in A-J, the City’s Investment Manager may also purchase fixed income
sectors K-O. The securities defined in K-O generally require additional resources offered by an Investment
Manager.
K. Agency Mortgage-Backed Securities (MBS)
1. Purchase Authorization
The Investment Manager may invest in mortgage-backed securities (MBS) which are based on
mortgages that are guaranteed by a government agency or GSE for payment of principal and a
guarantee of timely payment.
2. Portfolio Composition
A maximum of 20% of available funds may be invested in MBS.
3. Limits on Individual Issuers
A maximum of 15% of available funds may be invested with any one MBS issuer.
4. Maturity Limitations
City of Dania Beach Investment Policy Page 15
A maximum length to maturity for an investment in any MBS is five (5) years based on the
weighted average life of the security.
The maturity of mortgage-backed securities shall be considered the date corresponding to its
average life. This date reflects the point at which an investor will have received back half of the
original principal (face) amount. The average life may be different from the stated legal maturity
included in a security’s description.
L. Municipal Bonds
1. Investment Authorization
The Investment Manager may invest in state and/or local government taxable and/or tax-exempt
debt, general obligation and/or revenue bonds. Must be rated in the single A category by at least
two NRSRO’s.
2. Portfolio Composition
A maximum of 30% of the portfolio market value may be invested in obligations of state and local
governments.
3. Limits on Individual Issuers
A maximum of 5% of the portfolio market value may be invested in any one issuer.
4. The maximum maturity on any obligation shall be no greater than five (5) years from the date of
trade settlement.
M. Commercial Paper
1. Purchase Authorization
The Investment Manager may invest in commercial paper of any United States company that is
rated, at the time of purchase, “Prime-1” by Moody’s and minimum “A-1” by Standard & Poor’s
(highest tier commercial paper), with preference for those with backup lines of credit to support
their commercial paper programs. These lines of credit are in place to guard against the unlikely
event that the issuer is unable to redeem or rollover a maturing security.
2. Portfolio Composition
A maximum of 20% of the portfolio market value may be directly invested in prime commercial
paper. The maximum total allocation to Commercial Paper, Corporate Notes, and Asset Backed
Securities shall not exceed 40%.
3. Limits on Individual Issuers
A maximum of 5% of the portfolio market value may be invested with any one issuer.
4. Maturity Limitations
City of Dania Beach Investment Policy Page 16
The maximum length to maturity for prime commercial paper shall be 270 days from the date of
purchase.
N. Corporate Notes
1. Investment Authorization
The Investment Manager may invest in corporate notes issued by corporations organized and
operating within the United States or by depository institutions licensed by the United States
rated in the “A” category by Standard & Poor’s, or the equivalent by another rating agency at the
time of purchase.
2. Portfolio Composition
A maximum of 25% of the portfolio market value may be invested in obligations of corporate
notes. The maximum total allocation to Commercial Paper, Corporate Notes, and Asset Backed
Securities shall not exceed 40%.
3. Limits on Individual Issuers
A maximum of 5% of the portfolio market value may be invested in any one issuer.
4. The maximum maturity on any obligation shall be no greater than five (5) years from the date of
trade settlement.
O. Asset-Backed Securities (ABS)
1. Investment Authorization
The Investment Manager may invest in asset-backed securities (ABS) rated in the “AA” category
by any two NRSRO’s at the time of purchase.
2. Portfolio Composition
A maximum of 20% of available funds may be invested in ABS. The maximum total allocation to
Commercial Paper, Corporate Notes, and Asset Backed Securities shall not exceed 40%.
3. Limits on Individual Issuers
A maximum of 5% of available funds may be invested with any one issuer.
4. Maturity Limitation
A maximum length to maturity for an investment in any ABS is five (5) years from the date of trade
settlement. The maturity of asset-backed securities shall be considered the date corresponding
to its average life. This date reflects the point at which an investor will have received back half of
the original principal (face) amount. The average life may be different from the stated legal
maturity included in a security’s description.
City of Dania Beach Investment Policy Page 17
XIII. UNAUTHORIZED INVESTMENTS
Investments in any derivative products or the use of reverse repurchase agreements are prohibited. A “derivative”
is defined as a financial instrument the value of which depends on, or is derived from, the value of one or more
underlying assets or indices or asset values. All other investments not specifically stated under “Allowable
Investments” are prohibited.
XIV. PERFORMANCE MEASUREMENTS
In order to assist in the evaluation of the portfolio’s performance, the City will use performance benchmarks for
short-term and long-term portfolios. The use of benchmarks will allow the City to measure its returns against
other investors in the same markets.
1. For the short-term investment program (strategies with less than 12 months maturity), the S&P Rated GIP
Index, or similar index, will be used as a benchmark as compared to the portfolios’ net book value rate of return
for current operating funds.
Investment performance of funds designated as core funds and other funds that have a long-term (greater than
12 months average maturity) investment horizon, and are actively managed, will be compared to an appropriate
index comprised having a duration and asset mix that approximates that of the portfolios. The index will be
utilized as a benchmark to be compared to the portfolio’s total rate of return. Examples of an appropriate index
include: the ICE BofAML Merrill Lynch 1-3 Year Government & Corporate AA Index and/or the ICE BofAML Merrill
Lynch 1-5 Year Government & Corporate AA Index. The City will determine an appropriate benchmark based upon
the characteristics of the longer-term core portfolio(s).
2. Investment advisors will report performance on both book value and total rate of return basis and
compare results to the above-stated benchmarks for all actively managed portfolios. Investment advisors will
report on book value for passively managed portfolios.
XV. ACCOUNTING AND REPORTING
Investments will be carried at book value and marked to market value. Gains or losses from investments will be
credited or charged to investment income at the time of sale. Premiums or discounts on securities may be
amortized over the life of the securities. The City shall comply with Generally Accepted Accounting Principles
(“GAAP”) and Government Accounting Standard Board (“GASB”) standards.
The Director shall prepare a Quarterly Investment Report which shall be presented to the City Manager and the
City Commission. The quarterly investment report is available to the public upon request. Schedules in the
quarterly report will include the following:
A. Listing of investments by type, book value, and market value as of the report date as well as portfolio activity
during the period.
B. Weight, by percentage, of each security type within the portfolio.
C. Investment balance at end of quarter.
D. Income earned for the quarter and year-to-date.
E. Comparison of quarterly and calendar year-to-date performance to authorized performance benchmarks.
F. Weighted average maturity of the portfolio.
The Director shall report any occurrences of non-compliance with this policy in writing to the City Manager as
soon as reasonably possible once he or she is aware of the occurrence.
City of Dania Beach Investment Policy Page 18
XVI. THIRD-PARTY CUSTODIAL AGREEMENTS
Securities, with the exception of certificates of deposits and overnight repurchase agreements (one business day),
shall be held with a third-party custodian; and all securities purchased by, and all collateral obtained by, the City
should be properly designated as an asset of the City. The securities must be held in an account separate and
apart from the assets of the financial institution. A third party custodian is defined as any bank depository
chartered by the Federal Government, the State of Florida, or any other state or territory of the United States
which has a branch or principal place of business in the State of Florida as defined in Section 658.12, Florida
Statutes, or by a national association organized and existing under the laws of the United States which is
authorized to accept and execute trusts and which is doing business in the State of Florida. Certificates of deposits
will be placed in the provider’s safekeeping department for the term of the deposit.
The custodian shall accept transaction instructions only from those persons who have been duly authorized by
the Director and which authorization has been provided, in writing, to the custodian. No withdrawal of securities,
in whole or in part, from safekeeping, shall be permitted unless by such a duly authorized person.
The custodian shall provide the Director with safekeeping receipts that provide detail information on the securities
held by the custodian. In addition, the custodian shall report at least quarterly, and the Director shall verify the
reports. Settlement transactions between a broker/dealer and the custodian on behalf of the City that involve a
settlement of investments purchased or sold by the Director or Investment Manager must be made on a “delivery
vs. payment” basis to ensure that the custodian will have the security or money, as appropriate, in hand on behalf
of the City at the conclusion of the transaction. Securities held as collateral shall be held free and clear of any
liens.
XVII. MUNICIPAL ADVISOR RULE
Brokers and dealers who execute investment trades directly with the City of Dania Beach portfolio typically require
a form to be signed stating they are not acting in a Municipal Advisor Role. The Director shall be authorized to
sign these forms for the City’s authorized broker/dealers.
XVIII. RISK AND DIVERSIFICATION
There are risks inherent in investing; however, every investment portfolio should include a specific diversification
strategy to eliminate risk of loss resulting from the over-concentration of assets in a specific maturity, issuer or
class of securities. The investments shall be diversified by:
A. Limiting investments to avoid over-concentration in securities from a specific issuer or of a specific type.
B. Staggering investment maturities to avoid undue concentration in a specific maturity sector.
C. Limiting the duration (price sensitivity and maturity) of the investment portfolio.
D. Investing in only high-grade securities with low credit risk.
E. Maintaining a portion of the portfolio in readily available funds such as state investment pools, money market
mutual funds, or overnight repurchase agreements.
XIX. INVESTMENT POLICY ADOPTION AND AMENDMENTS
This Investment Policy is official upon its adoption by the City Commission. The Director shall prepare any
proposed amendments to the Investment Policy and submit them to the City Manager and the City Commission
for review and approval.
City of Dania Beach Investment Policy Page 19
GLOSSARY OF KEY INVESTMENT TERMS
Accrued Interest. Interest earned but which has not yet been paid or received.
Agency. See "Federal Agency Securities."
Ask Price. Price at which a broker/dealer offers to sell a security to an investor. Also known as “offered price.”
Asset Backed Securities (ABS). A fixed-income security backed by notes or receivables against assets other than real
estate. Generally issued by special purpose companies that “own” the assets and issue the ABS. Examples include
securities backed by auto loans, credit card receivables, home equity loans, manufactured housing loans, farm equipment
loans and aircraft leases.
Bankers' Acceptance (BA's). A draft or bill of exchange drawn upon and accepted by a bank. Frequently used to finance
shipping of international goods. Used as a short-term credit instrument, bankers' acceptances are traded at a discount
from face value as a money market instrument in the secondary market on the basis of the credit quality of the
guaranteeing bank.
Basis Point. One hundredth of one percent, or 0.01%. Thus 1% equals 100 basis points.
Bearer Security. A security whose ownership is determined by the holder of the physical security. Typically, there is no
registration on the issuer’s books. Title to bearer securities is transferred by delivery of the physical security or certificate.
Also known as “physical securities.”
Benchmark Bills: In November 1999, FNMA introduced its Benchmark Bills program, a short-term debt securities issuance
program to supplement its existing discount note program. The program includes a schedule of larger, weekly issues in
three- and sixth-month maturities and biweekly issues in one-year for Benchmark Bills. Each issue is brought to market
via a Dutch (single price) auction. FNMA conducts a weekly auction for each Benchmark Bill maturity and accepts both
competitive and non-competitive bids through a web based auction system. This program is in addition to the variety of
other discount note maturities, with rates posted on a daily basis, which FNMA offers. FNMA's Benchmark Bills are
unsecured general obligations that are issued in book-entry form through the Federal Reserve Banks. There are no periodic
payments of interest on Benchmark Bills, which are sold at a discount from the principal amount and payable at par at
maturity. Issues under the Benchmark program constitute the same credit standing as other FNMA discount notes; they
simply add organization and liquidity to the short-term Agency discount note market.
Benchmark Notes/Bonds: Benchmark Notes and Bonds are a series of FNMA “bullet” maturities (non-callable) issued
according to a pre-announced calendar. Under its Benchmark Notes/Bonds program, 2, 3, 5, 10 and 30-year maturities
are issued each quarter. Each Benchmark Notes new issue has a minimum size of $4 billion, 30-year new issues having a
minimum size of $1 billion, with reopenings based on investor demand to further enhance liquidity. The amount of non-
callable issuance has allowed FNMA to build a yield curve in Benchmark Notes and Bonds in maturities ranging from 2 to
30 years. The liquidity emanating from these large size issues has facilitated favorable financing opportunities through the
development of a liquid overnight and term repo market. Issues under the Benchmark program constitute the same credit
standing as other FNMA issues; they simply add organization and liquidity to the intermediate- and long-term Agency
market.
Benchmark. A market index used as a comparative basis for measuring the performance of an investment portfolio. A
performance benchmark should represent a close correlation to investment guidelines, risk tolerance and duration of the
actual portfolio's investments.
Bid Price. Price at which a broker/dealer offers to purchase a security from an investor.
City of Dania Beach Investment Policy Page 20
Bond Market Association (BMA). The bond market trade association representing the largest securities markets in the
world. In addition to publishing a Master Repurchase Agreement, widely accepted as the industry standard document for
Repurchase Agreements, the BMA also recommends bond market closures and early closes due to holidays.
Bond. Financial obligation for which the issuer promises to pay the bondholder (the purchaser or owner of the bond) a
specified stream of future cash flows, including periodic interest payments and a principal repayment.
Book Entry Securities. Securities that are recorded in a customer’s account electronically through one of the financial
markets electronic delivery and custody systems, such as the Fed Securities wire, DTC and PTC (as opposed to bearer or
physical securities). The trend is toward a certificate-free society in order to cut down on paperwork and to diminish
investors’ concerns about the certificates themselves. The vast majority of securities are now book entry securities.
Book Value. The value at which a debt security is reflected on the holder's records at any point in time. Book value is also
called “amortized cost” as it represents the original cost of an investment adjusted for amortization of premium or
accretion of discount. Also called “carrying value.” Book value can vary over time as an investment approaches maturity
and differs from “market value” in that it is not affected by changes in market interest rates.
Broker/Dealer. A person or firm transacting securities business with customers. A “broker” acts as an agent between
buyers and sellers, and receives a commission for these services. A “dealer” buys and sells financial assets from its own
portfolio. A dealer takes risk by owning inventory of securities, whereas a broker merely matches up buyers and sellers.
See also "Primary Dealer."
Bullet Notes/Bonds. Notes or bonds that have a single maturity date and are non-callable.
Call Date. Date at which a call option may be or is exercised.
Call Option. The right, but not the obligation, of an issuer of a security to redeem a security at a specified value and at a
specified date or dates prior to its stated maturity date. Most fixed-income calls are a par, but can be at any previously
established price. Securities issued with a call provision typically carry a higher yield than similar securities issued without
a call feature. There are three primary types of call options (1) European - one-time calls, (2) Bermudan - periodically on
a predetermined schedule (quarterly, semi-annual, annual), and (3) American - continuously callable at any time on or
after the call date. There is usually a notice period of at least 5 business days prior to a call date.
Callable Bonds/Notes. Securities, which contain an imbedded call option giving the issuer, has the right to redeem the
securities prior to maturity at a predetermined price and time.
Certificate of Deposit (CD). Bank obligation issued by a financial institution generally offering a fixed rate of return
(coupon) for a specified period of time (maturity). Can be as long as 10 years to maturity, but most CDs purchased by
public agencies are one year and under.
Collateral. Investment securities or other property that a borrower pledges to secure repayment of a loan, secure deposits
of public monies, or provide security for a repurchase agreement.
Collateralized Mortgage Obligation (CMO). A security that pools together mortgages and separates them into short,
medium, and long-term positions (called tranches). Tranches are set up to pay different rates of interest depending upon
their maturity. Interest payments are usually paid monthly. In “plain vanilla” CMOs, principal is not paid on a tranche until
all shorter tranches have been paid off. This system provides interest and principal in a more predictable manner. A single
pool of mortgages can be carved up into numerous tranches each with its own payment and risk characteristics.
Commercial Paper. Short term unsecured promissory note issued by a company or financial institution. Issued at a
discount and matures for par or face value. Usually a maximum maturity of 270 days, and given a short-term debt rating
by one or more NRSROs.
Corporate Note. A debt instrument issued by a corporation with a maturity of greater than one year and less than ten
years.
City of Dania Beach Investment Policy Page 21
Counterparty. The other party in a two party financial transaction. "Counterparty risk" refers to the risk that the other
party to a transaction will fail in its related obligations. For example, the bank or broker/dealer in a repurchase agreement.
Coupon Rate. Annual rate of interest on a debt security, expressed as a percentage of the bond’s face value.
Current Yield. Annual rate of return on a bond based on its price. Calculated as (coupon rate / price), but does not
accurately reflect a bond’s true yield level.
Custody. Safekeeping services offered by a bank, financial institution or trust company, referred to as the “custodian.”
Service normally includes the holding and reporting of the customer's securities, the collection and disbursement of
income, securities settlement and market values.
Delivery Versus Payment (DVP). Settlement procedure in which securities are delivered versus payment of cash, but only
after cash has been received. Most security transactions, including those through the Fed Securities Wire system and DTC,
are done DVP as a protection for both the buyer and seller of securities.
Depository Trust Company (DTC). A firm through which members can use a computer to arrange for securities to be
delivered to other members without physical delivery of certificates. A member of the Federal Reserve System and owned
mostly by the New York Stock Exchange, the Depository Trust Company uses computerized debit and credit entries. Most
corporate securities, commercial paper, CDs and BAs clear through DTC.
Derivative. A financial instrument whose value is based on or determined by another security, financial instrument or
index.
Designated Bond. FFCB’s regularly issued, liquid, non-callable securities that generally have a 2 or 3 year original maturity.
New issues of Designated Bonds are $1 billion or larger. Reopenings of existing Designated Bond issues are generally a
minimum of $100 million. Designated Bonds are offered through a syndicate of two to six dealers. Twice each month the
Funding Corporation announces its intention to issue a new Designated Bond, reopen an existing issue, or to not issue or
reopen a Designated Bond. Issues under the Designated Bond program constitute the same credit standing as other FFCB
issues; they simply add organization and liquidity to the intermediate- and long-term Agency market.
Discount Notes. Unsecured general obligations issued by Federal Agencies at a discount. Discount notes mature at par
and can range in maturity from overnight to one year. Very large primary (new issue) and secondary markets.
Discount Rate. Rate charged by the system of Federal Reserve Banks on overnight loans to member banks. Changes to
this rate are administered by the Federal Reserve and closely mirror changes to the “fed funds rate.”
Discount Securities. Non-interest bearing money market instruments that are issued at discount and redeemed at
maturity for full face value. Examples include U.S Treasury Bills, Federal Agency Discount Notes, Bankers' Acceptances
and Commercial Paper.
Discount. The amount by which a bond or other financial instrument sells below its face value. See also "Premium."
Diversification. Dividing investment funds among a variety of security types, maturities, industries and issuers offering
potentially independent returns.
Dollar Price. A bond’s cost expressed as a percentage of its face value. For example, a bond quoted at a dollar price of
95 ½, would have a principal cost of $955 per $1,000 of face value.
Duff & Phelps. One of several NRSROs that provide credit ratings on corporate and bank debt issues.
Duration. The weighted average maturity of a security’s or portfolio’s cash flows, where the present values of the cash
flows serve as the weights. The greater the duration of a security/portfolio, the greater its percentage price volatility with
respect to changes in interest rates. Used as a measure of risk and a key tool for managing a portfolio versus a benchmark
and for hedging risk. There are also different kinds of duration used for different purposes (e.g. MacAuley Duration – a
City of Dania Beach Investment Policy Page 22
measure of the weighted average term to maturity of the cash flows of a fixed income asset or portfolio, Modified Duration
– a common gauge of the price sensitivity of a fixed income asset or portfolio to a change in interest rates).
Fannie Mae. See "Federal National Mortgage Association."
Fed Money Wire. A computerized communications system that connects the Federal Reserve System with its member
banks, certain U. S. Treasury offices, and the Washington D.C. office of the Commodity Credit Corporation. The Fed Money
Wire is the book entry system used to transfer cash balances between banks for themselves and for customer accounts.
Fed Securities Wire. A computerized communications system that facilitates book entry transfer of securities between
banks, brokers and customer accounts. Used primary for settlement of U.S. Treasury and Federal Agency securities.
Fed. See "Federal Reserve System."
Federal Agency Security. A debt instrument issued by one of the federal agencies. Federal agencies are considered
second in credit quality and liquidity only to U.S. Treasuries.
Federal Agency. Government sponsored/owned entity created by the U.S. Congress, generally for the purpose of acting
as a financial intermediary by borrowing in the marketplace and directing proceeds to specific areas of the economy
considered to otherwise have restricted access to credit markets. The largest Federal Agencies are GNMA, FNMA, FHLMC,
FHLB, FFCB, SLMA, and TVA.
Federal Deposit Insurance Corporation (FDIC). Federal agency that insures deposits at commercial banks, currently to a
limit of $100,000 per depositor per bank.
Federal Farm Credit Bank (FFCB). One of the large Federal Agencies. A Government Sponsored Enterprise (GS) system
that is a network of cooperatively-owned lending institutions that provides credit services to farmers, agricultural
cooperatives and rural utilities. The FFCBs act as financial intermediaries that borrow money in the capital markets and
use the proceeds to make loans and provide other assistance to farmers and farm-affiliated businesses. Consists of the
consolidated operations of the Banks for Cooperatives, Federal Intermediate Credit Banks, and Federal Land Banks.
Frequent issuer of discount notes, agency notes and callable agency securities. FFCB debt is not an obligation of, nor is it
guaranteed by the U.S. government, although it is considered to have minimal credit risk due to its importance to the U.S.
financial system and agricultural industry. Also issues notes under its “designated note” program.
Federal Funds (Fed Funds). Funds placed in Federal Reserve Banks by depository institutions in excess of current reserve
requirements, and frequently loaned or borrowed on an overnight basis between depository institutions.
Federal Funds Rate (Fed Funds Rate). The interest rate charged by a depository institution lending Federal Funds to
another depository institution. The Federal Reserve influences this rate by establishing a "target" Fed Funds rate
associated with the Fed's management of monetary policy.
Federal Home Loan Bank System (FHLB). One of the large Federal Agencies. A Government Sponsored Enterprise (GSE)
system, consisting of wholesale banks (currently twelve district banks) owned by their member banks, which provides
correspondent banking services and credit to various financial institutions, financed by the issuance of securities. The
principal purpose of the FHLB is to add liquidity to the mortgage markets. Although FHLB does not directly fund mortgages,
it provides a stable supply of credit to thrift institutions that make new mortgage loans. FHLB debt is not an obligation of,
nor is it guaranteed by the U.S. government, although it is considered to have minimal credit risk due to its importance to
the U.S. financial system and housing market. Frequent issuer of discount notes, agency notes and callable agency
securities. Also issues notes under its “global note” and “TAP” programs.
Federal Home Loan Mortgage Corporation (FHLMC or "Freddie Mac"). One of the large Federal Agencies. A government
sponsored public corporation (GSE) that provides stability and assistance to the secondary market for home mortgages by
purchasing first mortgages and participation interests financed by the sale of debt and guaranteed mortgage backed
securities. FHLMC debt is not an obligation of, nor is it guaranteed by the U.S. government, although it is considered to
City of Dania Beach Investment Policy Page 23
have minimal credit risk due to its importance to the U.S. financial system and housing market. Frequent issuer of discount
notes, agency notes, callable agency securities and MBS. Also issues notes under its “reference note” program.
Federal National Mortgage Association (FNMA or "Fannie Mae"). One of the large Federal Agencies. A government
sponsored public corporation (GSE) that provides liquidity to the residential mortgage market by purchasing mortgage
loans from lenders, financed by the issuance of debt securities and MBS (pools of mortgages packaged together as a
security). FNMA debt is not an obligation of, nor is it guaranteed by the U.S. government, although it is considered to have
minimal credit risk due to its importance to the U.S. financial system and housing market. Frequent issuer of discount
notes, agency notes, callable agency securities and MBS. Also issues notes under its “benchmark note” program.
Federal Reserve Bank. One of the 12 distinct banks of the Federal Reserve System.
Federal Reserve System (the Fed). The independent central bank system of the United States that establishes and
conducts the nation's monetary policy. This is accomplished in three major ways: (1) raising or lowering bank reserve
requirements, (2) raising or lowering the target Fed Funds Rate and Discount Rate, and (3) in open market operations by
buying and selling government securities. The Federal Reserve System is made up of twelve Federal Reserve District Banks,
their branches, and many national and state banks throughout the nation. It is headed by the seven member Board of
Governors known as the “Federal Reserve Board” and headed by its Chairman.
Fiscal Agent/Paying Agent. A bank or trust company that acts, under a trust agreement with a corporation or municipality,
in the capacity of general treasurer. The agent performs such duties as making coupon payments, paying rents, redeeming
bonds, and handling taxes relating to the issuance of bonds.
Fitch Investors Service, Inc. One of several NRSROs that provide credit ratings on corporate and municipal debt issues.
Floating Rate Security (FRN or “floater”). A bond with an interest rate that is adjusted according to changes in an interest
rate or index. Differs from variable-rate debt in that the changes to the rate take place immediately when the index
changes, rather on a predetermined schedule. See also “Variable Rate Security.”
Freddie Mac. See "Federal Home Loan Mortgage Corporation".
Ginnie Mae. See "Government National Mortgage Association".
Global Notes: Notes designed to qualify for immediate trading in both the domestic U.S. capital market and in foreign
markets around the globe. Usually large issues that are sold to investors worldwide and therefore have excellent liquidity.
Despite their global sales, global notes sold in the U.S. top U.S. investors are typically denominated in U.S. dollars.
Government National Mortgage Association (GNMA or "Ginnie Mae"). One of the large Federal Agencies. Government-
owned Federal Agency that acquires, packages, and resells mortgages and mortgage purchase commitments in the form
of mortgage-backed securities. Largest issuer of mortgage pass-through securities. GNMA debt is guaranteed by the full
faith and credit of the U.S. government (one of the few agencies that is actually full faith and credit of the U.S.).
Government Sponsored Enterprise (GSE). Privately owned entity subject to federal regulation and supervision, created
by the U.S. Congress to reduce the cost of capital for certain borrowing sectors of the economy such as students, farmers,
and homeowners. GSEs carry the implicit backing of the U.S. Government, but they are not direct obligations of the U.S.
Government. For this reason, these securities will offer a yield premium over Treasuries. Some consider GSEs to be stealth
recipients of corporate welfare. Examples of GSEs include: FHLB, FHLMC, FNMA and SLMA.
Government Sponsored Enterprise Security. A security issued by a Government Sponsored Enterprise. Considered
Federal Agency Securities.
Index. A compilation of statistical data that tracks changes in the economy or in financial markets.
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Interest-Only (IO) STRIP. A security based solely on the interest payments from the bond. After the principal has been
repaid, interest payments stop and the value of the security falls to nothing. Therefore, IOs are considered risky
investments. Usually associated with mortgage-backed securities.
Inverse Floater. A floating rate security structured in such a way that it reacts inversely to the direction of interest rates.
Considered risky as their value moves in the opposite direction of normal fixed-income investments and whose interest
rate can fall to zero.
Investment Advisor. A company that provides professional advice managing portfolios, investment recommendations
and/or research in exchange for a management fee.
Investment Grade. Bonds considered suitable for preservation of invested capital; bonds rated a minimum of Baa3 by
Moody’s, BBB- by Standard & Poor’s, or BBB- by Fitch. Although “BBB” rated bonds are considered investment grade,
most public agencies cannot invest in securities rated below “A.”
Liquidity. Relative ease of converting an asset into cash without significant loss of value. Also, a relative measure of cash
and near-cash items in a portfolio of assets. Also, a term describing the marketability of a money market security
correlating to the narrowness of the spread between the bid and ask prices.
Market Value. The fair market value of a security or commodity. The price at which a willing buyer and seller would pay
for a security.
Mark-to-market. Adjusting the value of an asset to its market value, reflecting in the process unrealized gains or losses.
Master Repurchase Agreement. A widely accepted standard agreement form published by the Bond Market Association
(BMA) that is used to govern and document Repurchase Agreements and protect the interest of parties in a repo
transaction.
Maturity Date. Date on which principal payment of a financial obligation is to be paid.
Medium Term Notes (MTN's). Used frequently to refer to corporate notes of medium maturity (5-years and under).
Technically, any debt security issued by a corporate or depository institution with a maturities from 1 to 10 years and
issued under an MTN shelf registration. Usually issued in smaller issues with varying coupons and maturities, and
underwritten by a variety of broker/dealers (as opposed to large corporate deals issued and underwritten all at once in
large size and with a fixed coupon and maturity).
Money Market Account. An investment vehicle that allows for the pooling and investing of funds in traditional money
market instruments, typically U.S. Government Securities and Instrumentalities.
Money Market Mutual Fund (MMF). A type of mutual fund that invests solely in money market instruments, such as
Treasury bills, commercial paper, bankers' acceptances, and repurchase agreements. Money market mutual funds are
registered with the SEC under the Investment Company Act of 1940 and are subject “rule 2a-7” which significantly limits
average maturity and credit quality of holdings. MMF’s are managed to maintain a stable net asset value (NAV) of $1.00.
Many MMFs carry ratings by a NRSRO.
Moody's Investors Service. One of several NRSROs that provide credit ratings on corporate and municipal debt issues.
Mortgage Backed Securities (MBS). Mortgage-backed securities represent an ownership interest in a pool of mortgage
loans made by financial institutions, such as savings and loans, commercial banks, or mortgage companies, to finance the
borrower's purchase of a home or other real estate. The majority of MBS are issued and/or guaranteed by GNMA, FNMA
and FHLMC. There are a variety of MBS structures, some of which can be very risky and complicated. All MBS have
reinvestment risk as actual principal and interest payments are dependent on the payment of the underlying mortgages
which can be prepaid by mortgage holders to refinance and lower rates or simply because the underlying property was
sold.
City of Dania Beach Investment Policy Page 25
Mortgage Pass-Through Securities. A pool of residential mortgage loans with the monthly interest and principal
distributed to investors on a pro-rata basis. Largest issuer is GNMA.
Municipal Note/Bond. A debt instrument issued by a state or local government unit or public agency. The vast majority
of municipals are exempt from state and federal income tax, although some non-qualified issues are taxable.
Mutual Fund. Portfolio of securities professionally managed by a registered investment company that issues shares to
investors. Many different types of mutual funds exist (bond, equity, money fund); all except money market funds operate
on a variable net asset value (NAV).
National Association of Securities Dealers (NASD). Organization of brokers and dealers who trade securities in the United
States, supervised by the SEC, and which provides regulatory exams for industry participants.
Negotiable Certificate of Deposit (Negotiable CD). Large denomination CDs ($100,000 and larger) that are issued in
bearer form and can be traded in the secondary market.
NOW Checking Account (Negotiable Order of Withdrawal account). Deposit account on which checks may be drawn that
pays a higher interest rate than savings accounts.
NRSRO. A “Nationally Recognized Statistical Rating Organization.” A designated rating organization that the SEC has
deemed a strong national presence in the U.S. NRSROs provide credit ratings on corporate and bank debt issues. Only
ratings of a NRSRO may be used for the regulatory purposes of rating. Includes Moody’s, Standard & Poor’s, Fitch and
Duff & Phelps.
Offered Price. See also "Ask Price."
Open Market Operations. Federal Reserve monetary policy tactic entailing the purchase or sale of government securities
in the open market by the Federal Reserve System from and to primary dealers in order to influence the money supply,
credit conditions, and interest rates.
Par Value. Face value, stated value or maturity value of a security.
Physical Delivery. Delivery of readily available underlying assets at contract maturity.
Portfolio. Collection of securities and investments held by an investor.
Premium. The amount by which a bond or other financial instrument sells above its face value. See also "Discount."
Primary Dealer. Any of a group of designated government securities dealers designated by to the Federal Reserve Bank
of New York. Primary dealers can buy and sell government securities directly with the Fed. Primary dealers also submit
daily reports of market activity and security positions held to the Fed and are subject to its informal oversight. Primary
dealers are considered the largest players in the U.S. Treasury securities market.
Prime Paper. Commercial paper of high quality. Highest rated paper is A-1+/A-1 by S&P and P-1 by Moody’s.
Principal. Face value of a financial instrument on which interest accrues. May be less than par value if some principal has
been repaid or retired. For a transaction, principal is par value times price and includes any premium or discount.
Prudent Investor Standard. Standard that requires that when investing, reinvesting, purchasing, acquiring, exchanging,
selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then
prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a
prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like
character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. More stringent
than the “prudent person” standard as it implies a level of knowledge commensurate with the responsibility at hand.
City of Dania Beach Investment Policy Page 26
Range Note. A type of structured note that accrues interest daily at a set coupon rate that is tied to an index. Most range
notes have two coupon levels; a higher accrual rate for the period the index is within a designated range, the lower accrual
rate for the period that the index falls outside the designated range. This lower rate may be zero and may result in zero
earnings.
Rate of Return. Amount of income received from an investment, expressed as a percentage of the amount invested.
Rating. An evaluation of credit quality of a company’s debt issue. Investors and analysts use ratings to assess the risk
characteristics of an investment. Ratings can also be an evaluation of a entity’s creditworthiness or ability to repay, taking
into consideration its estimated percentage default rate and political risk. The City may use the following rating agencies:
Moody’s, Standard and Poor’s, and Fitch Investors Service.
AAA or Aaa rating – the best quality, reliable and stable; judged to be of the highest quality, with minimal credit
risk.
AA or Aa rating – quality, a bit higher risk than AAA/Aaa; judged to be of high quality and are subject to very low
credit risk.
A rating – considered upper-medium grade quality; subject to low credit risk.
Realized Gains (Losses). The difference between the sale price of an investment and its book value. Gains/losses are
“realized” when the security is actual sold, as compared to “unrealized” gains/losses which are based on current market
value. See “Unrealized Gains (Losses).”
Reference Bills: FHLMC’s short-term debt program created to supplement its existing discount note program by offering
issues from one month through one year, auctioned on a weekly or on an alternating four-week basis (depending upon
maturity) offered in sizeable volumes ($1 billion and up) on a cycle of regular, standardized issuance. Globally sponsored
and distributed, Reference Bill issues are intended to encourage active trading and market-making and facilitate the
development of a term repo market. The program was designed to offer predictable supply, pricing transparency and
liquidity, thereby providing alternatives to Treasury bills. FHLMC’s Reference Bills are unsecured general corporate
obligations. This program supplements the corporation’s existing discount note program. Issues under the Reference
program constitute the same credit standing as other FHLMC discount notes; they simply add organization and liquidity
to the short-term Agency discount note market.
Reference Notes: FHLMC’s intermediate-term debt program with issuances of 2, 3, 5, 10 and 30-year maturities. Initial
issuances range from $2 - $6 billion with reopenings ranging $1 - $4 billion. The notes are high-quality bullet structures
securities that pay interest semiannually. Issues under the Reference program constitute the same credit standing as
other FHLMC notes; they simply add organization and liquidity to the intermediate- and long-term Agency market.
Repurchase Agreement (Repo). A short-term investment vehicle where an investor agrees to buy securities from a
counterparty and simultaneously agrees to resell the securities back to the counterparty at an agreed upon time and for
an agreed upon price. The difference between the purchase price and the sale price represents interest earned on the
agreement. In effect, it represents a collateralized loan to the investor, where the securities are the collateral. Can be
DVP, where securities are delivered to the investor’s custodial bank, or “tri-party” where the securities are delivered to a
third party intermediary. Any type of security can be used as “collateral,” but only some types provide the investor with
special bankruptcy protection under the law. Repos should be undertaken only when an appropriate BMA approved
master repurchase agreement is in place.
Reverse Repurchase Agreement (Reverse Repo). A repo from the point of view of the original seller of securities. Used
by dealers to finance their inventory of securities by essentially borrowing at short-term rates. Can also be used to
leverage a portfolio and in this sense, can be considered risky if used improperly.
Safekeeping. Service offered for a fee, usually by financial institutions, for the holding of securities and other valuables.
Safekeeping is a component of custody services.
City of Dania Beach Investment Policy Page 27
Sallie Mae. See "Student Loan Marketing Association."
Savings Account. An interest bearing account offered by banks and financial institutions.
Secondary Market. Markets for the purchase and sale of any previously issued financial instrument.
Securities Lending. An arrangement between and investor and a custody bank that allows the custody bank to “loan” the
investors investment holdings, reinvest the proceeds in permitted investments, and shares any profits with the investor.
Should be governed by a securities lending agreement. Can increase the risk of a portfolio in that the investor takes on
the default risk on the reinvestment at the discretion of the custodian.
Sinking Fund. A separate accumulation of cash or investments (including earnings on investments) in a fund in accordance
with the terms of a trust agreement or indenture, funded by periodic deposits by the issuer (or other entity responsible
for debt service), for the purpose of assuring timely availability of moneys for payment of debt service. Usually used in
connection with term bonds.
Spread. The difference between the price of a security and similar maturity Treasury investments, expressed in
percentage terms or basis points. A spread can also be the absolute difference in yield between two securities. The
securities can be in different markets or within the same securities market between different credits, sectors, or other
relevant factors.
Standard & Poor's. One of several NRSROs that provide credit ratings on corporate and municipal debt issues.
STRIPS (Separate Trading of Registered Interest and Principal of Securities). Acronym applied to Treasury securities that
have had their coupons and principal repayments separated into individual zero-coupon Treasury securities. The same
technique and "strips" description can be applied to non-Treasury securities (e.g. FNMA strips).
Structured Notes. Notes that have imbedded into their structure options such as step-up coupons or derivative-based
returns.
Student Loan Marketing Association (SLMA or "Sallie Mae"). One of the large Federal Agencies. A federally-charted
public corporation (GSE) created to provide liquidity and a secondary market for lenders for loans to students and
educational institutions. In 1997, SLMA initiated a process of unwinding its status as a GSE; however, until the process is
complete, all debt issued will be considered GSE debt until maturity. SLMA debt is not an obligation of, nor is it guaranteed
by the U.S. government, although it is considered to have minimal credit risk due to its importance to the U.S. financial
system and education sector. Frequent issuer of discount notes, agency notes and callable agency securities. Also issues
notes under its “global note” program.
TAP Notes: Federal Agency notes issued under the FHLB TAP program. Launched in 6/99 as a refinement to the FHLB
bullet bond auction process. In a break from the FHLB’s traditional practice of bringing numerous small issues to market
with similar maturities, the TAP Issue Program uses the four most common maturities and reopens them up regularly
through a competitive auction. These maturities (2,3,5 and 10 year) will remain open for the calendar quarter, after which
they will be closed and a new series of TAP issues will be opened to replace them. This reduces the number of separate
bullet bonds issued, but generates enhanced awareness and liquidity in the marketplace through increased issue size and
secondary market volume.
Tennessee Valley Authority (TVA). One of the large Federal Agencies. A wholly owned corporation of the United States
government that was established in 1933 to develop the resources of the Tennessee Valley region in order to strengthen
the regional and national economy and the national defense. Power operations are separated from non-power operations.
TVA securities represent obligations of TVA, payable solely from TVA's net power proceeds, and are neither obligations of
nor guaranteed by the United States. TVA is currently authorized to issue debt up to $30 billion. Under this authorization,
TVA may also obtain advances from the Treasury of up to $150 million. Frequent issuer of discount notes, agency notes
and callable agency securities.
City of Dania Beach Investment Policy Page 28
Total Return. Investment performance measured over a period of time that includes coupon interest, interest on interest,
and both realized and unrealized gains or losses. Total return includes, therefore, any market value
appreciation/depreciation on investments held at period end.
Treasuries. Collective term used to describe debt instruments backed by the U.S. Government and issued through the
U.S. Department of the Treasury. Includes Treasury bills, Treasury notes, and Treasury bonds. Also a benchmark term
used as a basis by which the yields of non-Treasury securities are compared (e.g., "trading at 50 basis points over
Treasuries").
Treasury Bills (T-Bills). Short-term direct obligations of the United States Government issued with an original term of one
year or less. Treasury bills are sold at a discount from face value and do not pay interest before maturity. The difference
between the purchase price of the bill and the maturity value is the interest earned on the bill. Currently, the U.S. Treasury
issues 4-week, 13-week and 26-week T-Bills
Treasury Bonds. Long-term interest-bearing debt securities backed by the U.S. Government and issued with maturities
of ten years and longer by the U.S. Department of the Treasury. The Treasury stopped issuing Treasury Bonds in August
2001.
Treasury Notes. Intermediate interest-bearing debt securities backed by the U.S. Government and issued with maturities
ranging from one to ten years by the U.S. Department of the Treasury. The Treasury currently issues 2-year, 5-year and
10-year Treasury Notes.
Trustee. A bank designated by an issuer of securities as the custodian of funds and official representative of bondholders.
Trustees are appointed to insure compliance with the bond documents and to represent bondholders in enforcing their
contract with the issuer.
Uniform Net Capital Rule. SEC regulation 15C3-1 that outlines the minimum net capital ratio (ratio of indebtedness to
net liquid capital) of member firms and non-member broker/dealers.
Unrealized Gains (Losses). The difference between the market value of an investment and its book value. Gains/losses
are “realized” when the security is actual sold, as compared to “unrealized” gains/losses which are based on current
market value. See also “Realized Gains (Losses).”
Variable-Rate Security. A bond that bears interest at a rate that varies over time based on a specified schedule of
adjustment (e.g., daily, weekly, monthly, semi-annually or annually). See also “Floating Rate Note.”
Weighted Average Maturity (or just “Average Maturity”). The average maturity of all securities and investments of a
portfolio, determined by multiplying the par or principal value of each security or investment by its maturity (days or
years), summing the products, and dividing the sum by the total principal value of the portfolio. A simple measure of risk
of a fixed-income portfolio.
Weighted Average Maturity to Call. The average maturity of all securities and investments of a portfolio, adjusted to
substitute the first call date per security for maturity date for those securities with call provisions.
Yield Curve. A graphic depiction of yields on like securities in relation to remaining maturities spread over a time line.
The traditional yield curve depicts yields on Treasuries, although yield curves exist for Federal Agencies and various credit
quality corporates as well. Yield curves can be positively sloped (normal) where longer-term investments have higher
yields, or “inverted” (uncommon) where longer-term investments have lower yields than shorter ones.
Yield to Call (YTC). Same as “Yield to Maturity,” except the return is measured to the first call date rather than the maturity
date. Yield to call and be significantly higher or lower than a security’s yield to maturity.
Yield to Maturity (YTM). Calculated return on an investment, assuming all cash flows from the security are reinvested at
the same original yield. Can be higher or lower than the coupon rate depending on market rates and whether the security
City of Dania Beach Investment Policy Page 29
was purchased at a premium or discount. There are different conventions for calculating YTM for various types of
securities.
Yield. There are numerous methods of yield determination. In this glossary, see also "Current Yield,” "Yield Curve," "Yield
to Call" and "Yield to Maturity."
City of Dania Beach
Parks & Recreation Memorandum
DATE: 9/26/2023
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Eric Brown, Director of Parks and Recreation
Cassi Waren, CPRP, Deputy Director of Parks and Recreation
SUBJECT: Award of ITB 23-015 for Portable Toilet Rentals to John To Go, Inc.; authorizing
the execution of an agreement with John To Go, Inc.; and providing for an effective
date.
Request:
The Parks and Recreation Department is requesting the adoption of 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.
Background:
The City published an Invitation to Bid, ITB No. 23-015 on July 25, 2023 for Portable Toilet
Rentals. The ITB closed on August 14, 2023.
The City received one (1) response from John To Go, Inc. which was opened on August 14th at
1:00pm. The Procurement Administrator and evaluation committee have reviewed the bid
response and found the bid to be responsive and recommends that the City Commission select
the sole responder John To Go, Inc. as the most qualified and responsive proposer.
Budgetary Impact
The rental of portable toilets is currently budgeted in the Promotional Activities General Account
No. 001-72-09-574-48-10.
Recommendation
It is recommended for the adoption of 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.
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.
WHEREAS, the City of Dania Beach desires to enter into a contract with a qualified
vendor to provide portable toilet rentals on an as needed basis for various City special events; and
WHEREAS, the City published Invitation to Bid (ITB) No. 23-015 for Portable Toilet
Rentals on July 25, 2023; and
WHEREAS, one response was received from John To Go, Inc., and was opened on August
14, 2023 at 1:00 p.m. and the Evaluation Committee, consisting of the Deputy Director of Parks
and Recreation, the Special Events Manager, and the Parks and Recreation Superintendent,
reviewed and evaluated the response; and
WHEREAS, the City Administration recommends that the City Commission select the
sole responder, John To Go, Inc., for ITB No. 23-015 as the most qualified and responsive proposer
and authorize the proper City officials to execute an agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1.That the above “Whereas” clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2.That the proper City officials are authorized to execute an agreement with
John To Go, Inc., with pricing determined by the proposer’s Bid Form, a copy of which Agreement
is attached as Exhibit “A” and made a part of and incorporated into this Resolution by this
reference.
Section 3. That funding is budgeted in the Special Events Division Promotional
Activities Account No. 001-72-09-574-48-10.
Section 4.That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5.That this Resolution shall be effective 10 days after passage.
2 RESOLUTION #2023-______
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
Item Quantity UOM Rate
Daily Rental of Standard Portable Toilet with Associated Supplies 1 EA
Weekly Rental of Standard Portable Toilet with Associated Supplies 1 EA
Monthly Rental of Standard Portable Toilet with Associated Supplies 1 EA
Dialy Rental of ADA Compliant Portable Toilet with Associated Supplies 1 EA
Weekly Rental of ADA Compliant Portable Toilet with Associated Supplies 1 EA
Monthly Rental of ADA Compliant Portable Toilet with Associated Supplies 1 EA
Daily Rental of 15' Portable Restroom Trailer with Associated Supplies 1 EA
Weekly Rental of 15’ Portable Restroom Trailer with associated supplies 1 EA
Monthly Rental of 15’ Portable Restroom Trailer with associated supplies 1 EA
Daily Rental of 18’ Portable Restroom Trailer with associated supplies 1 EA
Weekly Rental of 18’ Portable Restroom Trailer with associated supplies 1 EA
Monthly Rental of 18’ Portable Restroom Trailer with associated supplies 1 EA
Daily Rental of 24’ Portable Restroom Trailer with associated supplies 1 EA
Weekly Rental of 24’ Portable Restroom Trailer with associated supplies 1 EA
Monthly Rental of 24’ Portable Restroom Trailer with associated supplies 1 EA
Daily Rental of Portable Sink with associated supplies 1 EA
Weekly Rental of Portable Sink with associated supplies 1 EA
Monthly Rental of Portable sink with associated supplies 1 EA
Daily Rental of Water Tank for Trailer with associated supplies 1 EA
Exhibit 'B' Bid Form
ITB 23-015 Portable Toilet Rental
$119.00
$210.00
$390.00
$440.00
$280.00
$159.00
$1,690.00
$2,300.00
$4,800.00
$1,990.00
$2,600.00
$5,400.00
$2,400.00
$3,200.00
$6,200.00
$119.00
$210.00
$390.00
$125.00
Weekly Rental of Water Tank for Trailer with associated supplies 1 EA
Monthly Rental of Water Tank for Trailer with associated supplies 1 EA
Addition On-Site Pump-out Services for Standard or ADA Toilets 1 EA
Additional On-Site Pump-out Services for Portable Restroom Trailers 1 EA
Service Attendant to service Portable Toilets or Restroom Trailers 1 EA
$325.00
$825.00
$35.00
$250.00
$350.00
City of Dania Beach
Parks & Recreation Memorandum
DATE: 9/26/2023
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Eric Brown, Director of Parks and Recreation; Cassi Waren, CPRP, Deputy
Director of Parks and Recreation
SUBJECT: Award of ITB 23-016 for Event Equipment Rental to Fiesta Carousel, Inc. and
Sunshine Tents and Events Rental; authorizing the execution of an agreement with
Fiesta Carousel, Inc. and Sunshine Tents and Events Rental
Request:
The Parks and Recreation Department is requesting the adoption of a resolution of the City
Commission 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.
Background:
The City published an Invitation to Bid, ITB No. 23-016 on July 24, 2023 for Event Equipment
Rental. The ITB closed on August 14, 2023.
The City received two (2) responses from Fiesta Carousel, Inc. and Sunshine Tents and Events
Rental which were opened on August 14th at 1:00pm. The Procurement Administrator and
evaluation committee have reviewed the bid responses and found both bids to be responsive and
recommends that the City Commission select both responders, Fiesta Carousel, Inc. and
Sunshine Tents and Events Rental as the most qualified and responsive proposers.
Budgetary Impact
The rental of portable toilets is currently budgeted in the Promotional Activities General Account
No. 001-72-09-574-48-10.
Recommendation
It is recommended for the adoption of a resolution of the City Commission 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.
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. 23-016 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.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10,
“Monetary thresholds for certain purchases and payment disbursement authorizations”, Subsection
(a), sets the monetary threshold or limitation at $50,000.00; and
WHEREAS, the City of Dania Beach desires to enter into a contract with two qualified
vendors to provide event equipment rental on an as needed basis for various City special events;
and
WHEREAS, the City published Invitation to Bid (ITB) No. 23-016 for Event Equipment
Rental on July 24, 2023 and the City received two responses from Fiesta Carousel, Inc. and
Sunshine Tents and Events Rental (the “Vendors”); and
WHEREAS, the responses were opened on August 14, 2023 at 1:00 p.m. and the
Evaluation Committee, consisting of the Deputy Director of Parks and Recreation, the Special
Events Manager, and the Parks and Recreation Superintendent, reviewed and evaluated the
responses; and
WHEREAS, the City Administration recommends that the City Commission select both
of the Vendors for ITB No. 23-016 as the most qualified and responsive proposers and authorize
the proper City officials to execute agreements.
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 agreements with the
Vendors, a copy of which Agreements are attached as Exhibit “A” and Exhibit “B” and made a
part of and incorporated into this Resolution by this reference, with pricing determined by the Bid
Forms.
2 RESOLUTION #2023-______
Section 3. That funding is budgeted in the Special Events Division Promotional
Activities Account No. 001-72-09-574-48-10.
Section 4.That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5.That this Resolution shall be effective immediately upon 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
1
AGREEMENT
THIS IS AN AGREEMENT (the “Agreement”) entered into on ______________, 20__,
between the City of Dania Beach, Florida, a Florida municipal corporation, (the “City”) with an
address of 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, and Sunshine Tents &
Event Rentals LLC, (“Contractor”) a Florida limited liability company with a mailing address of
2322 SW 58th Terrace, West Park, Florida 33023, for services related to City Invitation to Bid
(“ITB”) No. 23-016 entitled, “Event Equipment Rental”.
W I T N E S S E T H:
In consideration of the mutual covenants, terms and conditions contained in this
Agreement, and for other good and valuable consideration, the adequacy and receipt of which are
acknowledged, the parties agree as follows:
ARTICLE 1
PREMABLE
In order to establish the background, context and form of reference for this Agreement and to
generally express the objectives, and intentions of the respective parties herein, the following
statements, representations and explanations shall be accepted as predicates for the undertakings and
commitments included within the provisions which follow and may be relied upon by the parties as
essential elements of the mutual considerations upon which this Agreement is based.
1.1 On July 24, 2023, the CITY advertised its notice to bidders of the CITY's desire to hire a
CONTRACTOR to provide Event Equipment Rental Services as more particularly described in
Exhibit "A" attached hereto and by this reference made a part hereof, for the said bid entitled:
ITB NO. 23-016
“EVENT EQUIPMENT RENTAL”
1.2 On August 14, 2023, the bids were opened at Dania Beach City Hall, 100 Dania Beach
Boulevard, Northwest Conference Room.
1.3 On the 26th day of September 2023, the CITY awarded the bid to CONTRACTOR and
approved an agreement with CONTRACTOR consistent with the terms and conditions set forth
herein.
ARTICLE 2
SERVICES AND RESPONSIBILITIES
2.1 CONTRACTOR hereby agrees to provide the services for event equipment rental, as more
particularly described in Exhibit "B" attached hereto and by this reference made a part hereof, in
accordance with the Scope of Services outlined in the Bid, "Event Equipment Rental", attached
2
hereto and made a part hereof as Exhibit "A" and CONTRACTOR's response thereto, attached
hereto and made a part hereof as Exhibit "B". CONTRACTOR agrees to do everything required by
this Agreement, the Sealed Bid Package, Addenda to this Agreement, and Commission award
complete with proposal form. In the event of any conflicts between this Agreement, Exhibit A and
Exhibit B, this Agreement shall prevail, followed by Exhibit A.
2.2 CONTRACTOR shall furnish all services, labor, equipment, and materials necessary and as
may be required in the performance of this Agreement, except as otherwise specifically provided for
herein, and all work performed under this Agreement shall be done in a professional manner.
2.3 CONTRACTOR hereby represents to CITY, with full knowledge that CITY is relying upon
these representations when entering into this Agreement with CONTRACTOR, that CONTRACTOR
has the professional expertise, experience and manpower to perform the services to be provided by
CONTRACTOR pursuant to the terms of this Agreement.
2.4 CONTRACTOR assumes professional and technical responsibility for performance of its
services to be provided hereunder in accordance with recognized professional standards of good
engineering practice. If within one year following completion of its services, such services fail to
meet the aforesaid standards, and the CITY promptly advises CONTRACTOR thereof in writing,
CONTRACTOR agrees to re-perform such deficient services without charge to the CITY.
2.5 CONTRACTOR shall not utilize the services of any sub-Contractor without the prior written
approval of CITY.
ARTICLE 3
TERM AND TERMINATION
3.1 The term of this Agreement shall be for three (3) years, commencing on October 1, 2023 and
terminating on September 30, 2026.
3.2 Termination of Agreement for Convenience. It is expressly understood and agreed that the
City may terminate this Agreement at any time for any reason or no reason at all by giving the
CONTRACTOR notice by certified mail, return receipt requested, directed to the principal office
of the CONTRACTOR, thirty (30) days in advance of the termination date. In the event that the
Agreement is terminated pursuant to this provision, the CONTRACTOR shall be entitled to be
compensated for the services rendered from the effective date of execution of the Agr eement up
to the date of receipt of Notice of termination. Such compensation shall be based on the percentage
of work completed, as fairly and reasonably determined by City after conferring with
CONTRACTOR.
3.3 Termination of Agreement for Cause. If City elects to terminate the Agreement for
cause, City will provide CONTRACTOR twenty (20) days’ advance written notice to the
CONTRACTOR. If CONTRACTOR promptly cures the matter giving rise to the cause within
that time, this Agreement shall continue. If not timely cured, the Agreement will stand terminated
and the City will pay CONTRACTOR for work completed less any costs, expenses and damages
incurred by City as a result of such termination. If a court of competent jurisdiction determines
3
that the termination was not authorized under the circumstances then the termination shall be
deemed to be a termination for convenience.
ARTICLE 4
COMPENSATION AND METHOD OF PAYMENT
Payment for Services. City agrees to pay CONTRACTOR a fee or fees as determined based upon
the scope of work identified by the City to provide services related to the specified project. There
will be a not-to-exceed amount of One Hundred Fifty Thousand Dollars ($150,000.00) per year
for the term of this Agreement. No travel and meal costs will be reimbursable. Prior to seeking
any services outside of CONTRACTOR’s scope and pricing as identified in Exhibit “A”, as “Costs
not included with proposal”, CONTRACTOR shall adhere to the foregoing:
4.1. Any necessary additional work, as determined by City, which is not covered by the
scope of service, shall not be undertaken without a written amendment to authorizing a Work Order
executed by both parties in advance of any new or additional work.
4.2. CONTRACTOR shall submit its invoices in the format and with supporting
documentation as may be required by City.
4.3. The City shall pay CONTRACTOR monthly for services rendered within thirty
(30) calendar days from date of approval of each of CONTRACTOR’s invoices by the City
Manager, up to the maximum amount of the proposal contained in Exhibit A. If any errors or
omissions are discovered in any invoice, City will inform CONTRACTOR and request revised
copies of all such documents. If any disagreement arises as to payment of any portion of an
invoice, City agrees to pay all undisputed portions and the parties agree to cooperate by promptly
conferring to resolve the disputed portion.
4.4. Any invoice which is not timely paid as prescribed above will be subject to the
accrual of interest at the statutory rate prescribed by applicable Florida law.
ARTICLE 5
CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK
5.1 CITY or CONTRACTOR may request changes that would increase, decrease, or otherwise
modify the Scope of Services, as described in Exhibit "A," to be provided under this Agreement as
described in Article 2 of this Agreement. These changes will affect the monthly compensation
accordingly. Such changes or additional services must be in accordance with the provisions of the
Code of Ordinances of the CITY, and must be contained in a written amendment, executed by the
parties hereto, with the same formality, equality and dignity herewith prior to any deviation from the
terms of this Agreement, including the initiation of any additional or extra work.
5.2 In no event will the CONTRACTOR be compensated for any work which has not been
described in a separate written agreement executed by the parties hereto.
4
ARTICLE 6
INDEMNIFICATION
The CONTRACTOR shall, in addition to any other obligation, to indemnify the Owner and to the
fullest extent permitted by law, indemnify and hold harmless the Owner, including its employees
from and against claims, actions, liabilities, losses (including economic losses), or costs arising
out of any actual or alleged:
6.1 bodily injury, sickness, disease or death, or injury to or destruction of tangible
property including the loss of use resulting from, or any other damage or loss arising out of or
resulting or claimed to have resulted in whole or in part from any actual or alleged negligent act,
error or omission of the CONTRACTOR or its subcontractors, anyone directly or indirectly
employed by any of them, or anyone for whose acts any of them may be liable in the performance
of the work;
6.2 violation of law, statute, ordinance, governmental administrative order, rule,
regulation, or infringement of patent, copyright or trademark rights by CONTRACTOR or its
subcontractors in the performance of the work;
6.3 liens, claims, actions made by the CONTRACTOR or its subcontractors or other
party performing the work;
6.4 claims related to collection practices or any actions of a contradictory nature
pursuant to Contract or in an attempt to collect monies due or claimed to be due to the Owner.
6.5 The parties recognize that various provisions of this Agreement, including but not
necessarily limited to this Section, provide for indemnification by the CONTRACTOR and that
Florida Statutes §725.06 requires a specific consideration be given therefor. 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 parties 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 party's responsibility to indemnify.
ARTICLE 7
INSURANCE
7.1 Insurance Required Before Commencement of Work: The Contractor shall not
commence Work under the Agreement until Contractor has obtained all insurance required under
this Section, and not until such time that the coverages are approved by the Risk Manager of the
City. The Contractor shall not allow any employee of Contractor or any Subcontractor to
commence Work on any subcontract until the Subcontractor and all Coverages required of any
Subcontractor have been obtained and approved by the Risk Manager of the City. In addition,
Contractor shall be responsible for any and all policy deductibles and self-insured retentions.
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7.2 Insurance Requirements: Coverages shall be in force until all Work required to be
performed under the terms of the Agreement, including any applicable warranty period, is
satisfactorily completed as evidenced by the formal written acceptance by the City. In the event
insurance certificates provided to City indicate that the insurance shall terminate and lapse during
the period of the Agreement, including any applicable warranty period, then in that event, the
Contractor shall furnish, at least thirty (30) days prior to the expiration of the date of such
insurance, a renewed Certificate of Insurance as proof that equal and like coverages for the balance
of the period of the Agreement, including any extension of it, and including any applicable
warranty period, is in effect. THE CONTRACTOR AND ANY SUBCONTRACTOR SHALL
NOT PERFORM OR CONTINUE WORK PURSUANT TO THE AGREEMENT, UNLESS
ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT. ANY DELAY IN THE
WORK CAUSED BY A LAPSE IN COVERAGE SHALL BE NON-EXCUSABLE, SHALL
NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE SUBJECT TO ANY
OTHER APPLICABLE PROVISIONS DESCRIBED IN THE AGREEMENT OR
ELSEWHERE IN THE BID DOCUMENTS CONCERNING CONTRACTOR DELAY.
7.3 Required Minimum Coverages: The below coverages are minimum limit
requirements. Umbrella or Excess Liability policies are acceptable to provide the total required
liability limits, as long as the Risk Manager of the City reviews and approves in writing the
insurance limits on each of the policies. The City must approve any changes to these specifications
and has the right to review and amend coverage requirements. The CONTRACTOR shall be held
responsible for any modifications, deviations, or omissions in these insurance requirements.
CONTRACTOR shall be responsible for any deductible amounts.
7.4 GENERAL LIABILITY INSURANCE is to include bodily injury, broad form property
damage, products/completed operations, blanket contractual liability, and personal/advertising
injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence, and Two
Million Dollars ($2,000,000.00) annual aggregate.
7.5 SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE (to be
confirmed on or attached to the Official Certificate of Insurance):
a. Annual Aggregate shall apply “Per Job”;
b. “The City of Dania Beach, Florida” is added as a named “Additional Insured”;
c. Additional Insured status is included for Products completed operations coverage for a
period of no less than five (5) years following the completion of the Work or Project;
d. Additional insured coverage shall be no more restrictive than Insurance Services Office
(ISO) form CG 2037 (07 04);
e. Contractor’s insurance shall be primary and non-contributory;
f. Waiver of Subrogation in favor of the City;
g. 30 Days’ Notice of Cancellation or modification to City (if not available on the
insurance policies, then Contractor has responsibility for notification); and
h. Copy of Additional Insured Endorsement or other endorsements may be attached to the
Certificate.
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7.6 WORKERS’ COMPENSATION INSURANCE must be provided for all persons
fulfilling this agreement whether employed, contracted, temporary, or subcontracted for the life of
the agreement, including any applicable warranty period(s), and it is to apply to all “statutory
employees” of Contractor (as that phrase is defined by Chapter 440, Florida Statutes), in
compliance with the “Workers’ Compensation Law" of the State of Florida and all applicable
federal laws, for the benefit of the Contractor, its employees, and Subcontractors.
7.7 In the case any work is sublet as otherwise addressed in the Agreement or Bid Documents,
the Contractor shall require any Subcontractors similarly to provide Workers’ Compensation
Insurance for all of the latter’s employees, in addition to any coverage afforded by the Contractor,
by furnishing Statutory Limits Part A, and no less than One Million Dollars ($1,000,000.00)
Employers’ Liability Limits Part B.
7.8 IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN
THE PROSECUTION OF THE WORK, THE FOLLOWING:
A) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR
EMPLOYEE WHO IS EXEMPTED OR PURPORTED TO BE EXEMPT
FROM WORKERS’ COMPENSATION INSURANCE COVERAGE; OR
B) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR
EMPLOYEES WHO WILL BE COVERED BY AN EMPLOYEE
LEASING ARRANGEMENT.
7.9 SPECIAL PROVISIONS AS TO WORKERS’ COMPENSATION INSURANCE (to
be confirmed on or attached to the Official Certificate of Insurance) :
A) 30 Days’ Notice of Cancellation or Modification to City (if not available on the
insurance policies, then Contractor has responsibility for notification); and
B) Waiver of Subrogation.
7.10 AUTOMOBILE LIABILITY INSURANCE shall be maintained with combined single
limits of no less than One Million Dollars ($1,000,000.00), to include coverage for owned, hired,
and non-owned vehicles.
7.11 SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE (to be
confirmed on or attached to the Official Certificate of Insurance):
a) “The City of Dania Beach” is added as a named “Additional Insured”;
b) 30 Days’ Notice of Cancellation or modification to City (if not available on the
insurance policies, then Contractor has responsibility for notification); and
c) Waiver of Subrogation.
7.12 Proof of Insurance: The following are requirements that must be met regarding the
Bidder’s delivery of Certificates of Insurance for all coverages required in the Agreement and Bid
Documents:
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7.12.1 “Official” Certificates of Insurance must be delivered to the City Clerk’s office and
Risk Manager of the City. If the “Official” certificates are not delivered before or on the fourteenth
(14th) Business Day after the issuance by the City of the “Notice of Intent to Award”, then the City
has the right to consider the awarded Agreement to the successful Bidder as void and to negotiate
a contract with the next lowest responsive and responsible Bidder. “Special Provisions”, as
referenced below under each type of insurance requirement shall be fully confirmed on or attached
to the “Official” certificates.
7.12.2 All Certificates of Insurance must clearly identify the contract to which they
pertain, including a brief description of the subject matter of the contract. The certificates shall
contain a provision that coverage afforded under the policies will not be canceled until at least
thirty (30) days’ prior written notice has been given to City. If this coverage is not provided, then
Contractor is responsible for such notice to City. Insurance policies for required coverages shall
be issued by companies authorized to do business under the laws of the State of Florida and any
such companies’ financial ratings must be no less than A-VII in the latest edition of the “BEST’S
KEY RATING GUIDE”, published by A.M. Best Guide. In the event that the insurance carrier’s
rating shall drop, the insurance carrier shall immediately notify the City in writing.
ARTICLE 8
INDEPENDENT CONTRACTOR
8.1 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 all purposes, including but not limited to, the application
of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance
Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the
Internal Revenue Code, the State Workers' Compensation Act, and the State unemployment insurance
law. The CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out 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, H.U.D., 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 has 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.
ARTICLE 9
GOVERNING LAW, VENUE, FEES
9.1 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 shall be in Broward County,
Florida.
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9.2 All claims, counterclaims, disputes and other matters in question between City and
CONTRACTOR arising out of, relating to or pertaining to this Agreement, or the breach of it, or
the services of it, or the standard of performance required in it, shall be addressed by resort to non -
binding mediation as authorized under the laws and rules of Florida; provided, however, that in
the event of any dispute between the parties, the parties agree to first negotiate with each other for
a resolution of the matter or matters in dispute and, upon failure of such negotiations to resolve the
dispute, the parties shall resort to mediation.
9.3 If mediation is unsuccessful, any such matter may be determined by litigation in a
court of competent jurisdiction for any legal action arising out of or pertaining to this Agreement
shall be the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County, Florida,
or the federal District Court in the Southern District of the United States. Each party further agrees
that venue of any action to enforce this Agreement shall be in Broward County, Florida. In any
litigation, the parties agree to each waive any trial by jury of any and all issues. In the event of
any litigation which arises out of, pertains to, or relates to this Agreement, or the breach of it, or
the standard of performance required in it, the prevailing party shall be entitled to recover
reasonable attorney fees from the non-prevailing party.
9.4 Operations During Dispute. In the event that a dispute, if any, arises between the
City and the CONTRACTOR relating to this Agreement, or its performance or compensation, the
CONTRACTOR agrees to continue to render service in full compliance with all terms and
conditions of this Agreement as required by the City.
ARTICLE 10
PUBLIC RECORDS
10.1 CONTRACTOR shall maintain books, records, documents and other evidence
directly pertinent to performance of work under this Agreement in accordance with generally
accepted accounting principles and practices. The CONTRACTOR shall also maintain the
financial information and data used by the CONTRACTOR in the preparation of support of any
claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to such
books, records, documents and other evidence for inspection, audit and copying during normal
business hours. The CONTRACTOR will provide proper facilities for such access and inspection.
Audits conducted under this section shall observe generally accepted auditing standards and
established procedures and guidelines of the City. The Florida Public Records Act, Chapter 119
of the Florida Statutes, may have application to records or documents pertaining to this Agreement
and CONTRACTOR acknowledges that such laws have possible application and agrees to comply
with all such laws.
10.2 Upon request from the City custodian of public records, CONTRACTOR shall
provide the City with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida
Statutes, or as otherwise provided by law.
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10.3 Unless otherwise provided by law, any and all records, including but not limited to
reports, surveys, and other data and documents provided or created in connection with this
Agreement are and shall remain the property of the City.
10.4 Upon completion of this Agreement or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the CONTRACTOR shall
be delivered by the CONTRACTOR to the City Manager, at no cost to the City, within seven (7)
days. All such records stored electronically by CONTRACTOR shall be delivered to the City in
a format that is compatible with the City’s information technology systems. Once the public
records have been delivered upon completion or termination of this Agreement, the
CONTRACTOR shall destroy any and all duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements.
10.5 Any compensation due to CONTRACTOR shall be withheld until all records are
received as provided in this Agreement.
10.6 CONTRACTOR’s failure or refusal to comply with the provisions of this section
shall result in the immediate termination of this Agreement by the City.
Section 119.0701(2)(a), Florida Statutes
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.
Custodian of Records: ELORA RIERA, CITY CLERK
Mailing Address: 100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
Telephone number: 954-924-9800, Ext. 3623
Email: eriera@daniabeachfl.gov
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ARTICLE 11
NOTICES
11. Notices. Except as provided above, whenever either party desires to give notice to
the other, it must be given by written notice, sent by certified U.S. mail, with return receipt
requested, addressed to the party for whom it is intended, at the place last specified and the place
for giving of notice in compliance with the provisions of this paragraph. For the present, the parties
designate the following as the respective persons and places for giving of notice:
City: Ana M. Garcia, ICMA-CM, City Manager
City of Dania Beach, Florida
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
With a copy to: Eve A. Boutsis, City Attorney
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Contractor: Sunshine Tents & Event Rentals, LLC
2322 SW 58th Terrace
West Park, Florida 33023
ARTICLE 12
SCRUTINIZED COMPANIES -- 287.135 AND 215.473
SCRUTINIZED COMPANIES. CONTRACTOR certifies that it and any of its affiliates are not
scrutinized companies as identified in Section 287.135, F.S. In addition, CONTRACTOR agrees to
observe the requirements of Section 287.135, F.S., for applicable sub-agreements entered into for the
performance of work under this Agreement. Pursuant to Section 287.135, F.S., the CITY may
immediately terminate this Agreement for cause if the CONTRACTOR, its affiliates, or its
subcontractors are found to have submitted a false certification; or if the CONTRACTOR, its
affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in
prohibited contracting activity during the term of the Agreement. As provided in Subsection
287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall
become inoperative.
ARTICLE 13
E-VERIFY
A. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes,
effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to
verify the work authorization status of all newly hired employees. Contractor shall register for and
utilize the U.S. Department of Homeland Security’s E-Verify System to verify the employment
eligibility of:
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(i) All persons employed by a Contractor to perform employment duties within Florida during
the term of the contract; and
(ii) All persons (including sub vendors/consultants/subcontractors) assigned by Contractor to
perform work pursuant to the contract with the City of Dania Beach. The Contractor acknowledges
and agrees that registration and use of the U.S. Department of Homeland Security’s E-Verify
System during the term of the contract is a condition of the contract with the City of Dania Beach;
and
(iii) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat.,
"Employment Eligibility," as amended from time to time. This includes but is not limited to
registration and utilization of the E-Verify System to verify the work authorization status of all
newly hired employees. CONTRACTOR shall also require all subcontractors to provide an
affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an
unauthorized alien. The CONTRACTOR shall maintain a copy of such affidavit for the duration
of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor
knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to
termination under this provision must be filed in the Circuit Court no later than twenty (20)
calendar days after the date of termination. Termination of this Contract under this Section is not
a breach of contract and may not be considered as such. If this contract is terminated for a violation
of the statute by the CONTRACTOR, the CONTRACTOR may not be awarded a public contract
for a period of one (1) year after the date of termination.
ARTICLE 14
SOVEREIGN IMMUNITY
14.1 CONTRACTOR acknowledges that the Florida Doctrine on Sovereign Immunity
bars all claims by CONTRACTOR against the CONTRACTOR other than claims arising out of
this Agreement. Specifically, the CONTRACTOR acknowledges that it cannot and will not assert
any claims against the CONTRACTOR, unless the claim is based upon a breach by the
CONTRACTOR of this Agreement. Further, the CONTRACTOR recognizes the CONTRACTOR
is a sovereign with regulatory authority that it exercises for the health, safety, and welfare of the
public. This Agreement in no way estops or affects the CONTRACTOR' s exercise of that
regulatory authority. In addition, the CONTRACTOR retains the full extent of its sovereign
immunity in relation to the exercise of its regulatory authority. The CONTRACTOR acknowledges
that it has no right and will not make claim based upon any of the following:
a. Claims based upon any alleged breach by the CONTRACTOR of implied warranties
or representations not specifically set forth in this Agreement, as the parties stipulate that there are
no such implied warranties or representations of the CONTRACTOR. All obligations of the
CONTRACTOR are only as set forth in this Agreement;
b. Claims based upon negligence or any tort arising out of this Agreement;
c. Claims upon alleged acts or inaction by the City, its commissioners, attorneys,
administrators, Consultants, agents, or any CONTRACTOR employee; and
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d. Claims based upon an alleged waiver of any of the terms of this Agreement unless such
waiver is in writing and signed by an authorized representative for the CONTRACTOR and the
CITY.
ARTICLE 15
MISCELLANEOUS
15.1 Ownership of Documents. Reports, surveys, plans, studies and other data provided
in connection with this Agreement are and shall remain the property of CITY whether or not the
project for which they are made is completed. City hereby agrees to use CONTRACTOR’s work
product for its intended purposes.
15.2 Records. he Consultant shall maintain accurate and complete financial records of
its activities and operations relating to this Agreement in accordance with generally accepted
accounting principles. Consultant shall maintain adequate records to justify all charges and costs
incurred in performing the services for at least three (3) years after completion of this Agreement.
Consultant agrees that Consultant, or its authorized representatives, shall have access to and the
right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or records
relating to this Agreement during normal business hours. All such materials shall be maintained
by Consultant at a location in Broward County, Florida; provided that if any such material is
located outside Broward County, then, at Consultant’s option Consultant shall pay Consultant for
travel, per diem, and other costs incurred by Consultant to examine, audit, excerpt, copy or
transcribe such material at such other location. Consultant shall make a reasonable effort to
maintain the confidentiality of such audit report( s).
15.3 Assignments; Amendments. This Agreement, and any interests herein, shall not be
assigned, transferred or otherwise encumbered, under any circumstances, by CONTRACTOR
without the prior written consent of CITY. For purposes of this Agreement, any change of ownership
of CONTRACTOR shall constitute an assignment which requires CITY approval. However, this
Agreement shall run to the benefit of CITY and its successors and assigns.
It is further agreed that no modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
15.4 No Contingent Fees. CONTRACTOR warrants that it has not employed or retained
any company or person, other than a bona fide employee working solely for CONTRACTOR to
solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for CONTRACTOR
any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the
award or making of this Agreement. For the breach or violation of this provision, CITY shall have
the right to terminate the Agreement without liability at its discretion, to deduct from the contract
price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration.
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15.6 Binding Authority. Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this Agreement on behalf of the
party for whom he or she is signing, and to bind and obligate such party with respect to all provisions
contained in this Agreement.
15.7 Headings. Headings herein are for convenience of reference only and shall not be
considered in any interpretation of this Agreement.
15.8 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this
Agreement. The exhibits if not physically attached should be treated as part of this Agreement and
are incorporated herein by reference.
15.9 Severability. If any provision of this Agreement or application thereof to any person
or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement,
and the application of such provisions to persons or situations other than those as to which it shall
have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force
and effect, and be enforced to the fullest extent permitted by law.
15.10 Extent of Agreement. This Agreement represents the entire and integrated agreement
between the CITY and the CONTRACTOR and supersedes all prior negotiations, representations or
agreements, either written or oral.
15.11 Legal Representation. It is acknowledged that each party was represented by
counsel in the preparation of and contributed equally to the terms and conditions of this Agreement
and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same
shall not apply herein due to the joint contributions of both parties.
15.12 Counterparts and Execution. This Agreement may be executed in multiple
originals or counterparts, each of which shall be deemed to be an original and together shall constitute
one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally
binding, valid and effective upon delivery of the executed documents to the other party through
facsimile transmission, email, or other electronic delivery.
15.13 Safety. The CONTRACTOR shall be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Project Work. The
CONTRACTOR shall comply with the rules and regulations of the Florida Department of
Commerce regarding industrial safety (Florida Statutes, Section 440.56) and with the standards set
forth in the federal Occupational Safety and Health Act of 1970 (OSHA), and its amendments.
The CONTRACTOR certifies that all materials and equipment to be supplied for the
Project will meet all federal and state requirements, including but not limited to, the Occupational
Safety and Health Act (OSHA).
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15.14 Warranty. The Contractor shall warrant to the City that materials and
equipment furnished under the agreement will be of good quality and new unless otherwise
required or permitted by the Contract Documents; that the Work will be free from defects, and that
the Work will conform to the terms and conditions of the agreement. Work not conforming to
those terms and conditions, including substitutions not properly approved and authorized may be
considered defective. The Contractor's warranty may exclude damage or defect caused by abuse,
modifications not executed by the Contractor, improper or insufficient City maintenance, improper
operation, or normal wear and tear under normal usage. The Contractor shall furnish satisfactory
evidence as to the kind and quality of materials and equipment. All manufacturers’ product
warranties shall be registered in the City’s name and for its sole benefit.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first above written.
CITY:
ATTEST: CITY OF DANIA BEACH, FLORIDA
a Florida Municipal Corporation
ELORA RIERA, MMC ARCHIBALD J. RYAN IV
CITY CLERK MAYOR
ANA M. GARCIA, ICMA-CM
CITY MANAGER
Dated: _____________, 2023
APPROVED FOR FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
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CONTRACTOR:
Sunshine Tents & Event Rentals, LLC
a Florida limited liability company
WITNESSES:
SIGNATURE SIGNATURE
PRINT Name PRINT Name
SIGNATURE Title
PRINT Name
STATE OF FLORIDA
COUNTY OF ____________________________
The foregoing instrument was acknowledged before me by means of ☐ physical presence
or ☐ online notarization, on ______ , 2023, by ________________________,
as __________________________ of Sunshine Tents & Event Rentals, LLC, a Florida limited
liability company. He/She is personally known to me or has produced
____________ as identification.
NOTARY PUBLIC
My Commission Expires: State of Florida
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CITY OF DANIA BEACH, FLORIDA
EVENT EQUIPMENT RENTAL
CITY INVITATION TO BID (“ITB.”) NO. 23-016
Prepared by:
City of Dania Beach, Florida
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
JULY, 2023
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TABLE OF CONTENTS
NOTICE TO BIDDERS
PROJECT DOCUMENTS
MANDATORY PRE-BID CONFERENCE
BID DOCUMENTS
LIST OF DRAWINGS
SECTION 1 INTRODUCTION AND INFORMATION
SECTION 2 NO BIDS
SECTION 3 CAUSES FOR REJECTION OF A BID
SECTION 4 INTERPRETATION AND CLARIFICATION OF BIDDING DOCUMENTS
SECTION 5 GENERAL CONDITIONS
SECTION 6 SPECIAL CONDITIONS
SECTION 7 PUBLIC ENTITY CRIMES STATEMENT
SECTION 8 PRICES, TERMS ARE TO BE FIRM
SECTION 9 BID SECURITY
SECTION 10 PROTECTION OF PROPERTY
SECTION 11 SITE RESTORATION
SECTION 12 INSTRUCTIONS TO BIDDERS
SECTION 13 RETENTION OF RECORDS AND RIGHT TO ACCESS CLAUSE
SECTION 14 NON-COLLUSION STATEMENT
SECTION 15 FLORIDA TRENCH SAFETY ACT
SECTION 16 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS
SECTION 17 PUBLIC RECORDS
SECTION 18 SUCCESSORS AND ASSIGNS
SECTION 19 QUALIFICATION OF BIDDERS
SECTION 20 CONTRACTOR'S RELATION TO THE CITY
SECTION 21 EMPLOYEES OF THE CONTRACTOR
SECTION 22 AVAILABILITY OF FUNDS
SECTION 23 LICENSES, PERMITS AND FEES
SECTION 24 TERMINATION OF AGREEMENT
SECTION 25 TERMINATION OF AGREEMENT FOR CAUSE
SECTION 26 INDEMNIFICATION AND HOLD HARMLESS PROVISIONS
SECTION 27 INSURANCE REQUIREMENTS
SECTION 28 SAFETY
SECTION 29 WARRANTY
SECTION 30 RESPONSIBLE BIDDER
SECTION 31 CONTRACTOR'S FINANCIAL/EXPERIENCE RECORD
SECTION 32 BILLING PROCEDURE
SECTION 33 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR
IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING
SECTION 34 BID PROTEST PROCEDURE
SECTION 35 LITIGATION
SECTION 36 CONTRACT AWARD AND EXECUTION
SECTION 37 CONE OF SILENCE
SECTION 38 ADDITIONAL GENERAL CONDITIONS
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EXHIBIT “A” BIDDER QUALIFICATIONS
EXHIBIT “B” BID FORM
EXHIBIT “C” BIDDER’S QUESTIONNAIRE
EXHIBIT “D” SWORN STATEMENT UNDER SECTION §287.133(3)(a), F.S., FLORIDA
STATUTES ON PUBLIC ENTITY CRIMES
EXHIBIT “E” NON-COLLUSION AFFIDAVIT
EXHIBIT “F” INDEPENDENCE AFFIDAVIT
EXHIBIT “G” REFERENCES
EXHIBIT “H” ACKNOWLEDGMENT OF ADDENDA
EXHIBIT “I” CERTIFICATION TO ACCURACY OF BID
EXHIBIT “J” DRUG-FREE WORKPLACE CERTIFICATION
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CITY OF DANIA BEACH, FLORIDA
INVITATION TO BID FOR
“EVENT EQUIPMENT RENTAL”
ITB 23-016
NOTICE TO BIDDERS
NOTICE IS GIVEN that the City of Dania Beach, Florida (the “City” or “Owner”) will be
accepting sealed Bids for its “EVENT EQUIPMENT RENTAL, ITB 23-016”.
Bids will be accepted on DemandStar until August 14, 2023 at 1:00 PM. Bids received after this
time will be rejected.
All submissions will remain confidential and exempt from public record disclosure requirements
until the response opening is conducted.
PROJECT DOCUMENTS
Documents may be obtained from www.demandstar.com or from the City Website at
www.daniabeachfl.gov.
MANDATORY PRE-BID CONFERENCE
A pre-bid conference will not be held.
BID DOCUMENTS
Bids must be submitted electronically on DemandStar, the City’s designated electronic bidding
system. All bid document files must be clearly labeled “EVENT EQUIPMENT RENTAL, ITB
23-016”.
All bid prices shall be guaranteed firm for a minimum of one hundred twenty (120) calendar days
after the submission of the bid. No bidder may withdraw a bid within ninety (90) calendar days
after the bid opening date.
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Pursuant to Florida law, all Bids are exempt public records until thirty (30) days after opening, or
award of bid, whichever is sooner. In the event presentations are necessary, all non-presenting
bidders will be required to exit the room during the presentations of each of the other bidders as
portions of selection committee meetings at which presentations are made are exempt from
Florida’s public meeting laws.
Bids will be publicly opened and read aloud immediately after the submission deadline on the Bid
due date referenced above using Zoom meeting software, in the presence of the City Clerk or
designee on the above stated date. Award of a contract will be made at a subsequent City
Commission meeting.
All bidders are advised that the City has not authorized the use of the City seal by individuals or
entities responding to City bids. Bidders shall demonstrate successful performance of projects of
a similar magnitude, scope and value as this project.
The City Commission of the City of Dania Beach reserves the right to reject any and all bids, to
waive any informality in a bid and to make an award in the best interests of the City, as Owner.
CITY OF DANIA BEACH, FLORIDA
Published on: July 26, 2023
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SECTION 1 - INTRODUCTION AND INFORMATION
1.1 SCOPE
1.1.1 The City of Dania Beach, Florida (the “City” or “Owner”), is actively seeking bids
from qualified Contractors (the “Contractor”), for “EVENT EQUIPMENT RENTAL, ITB 23-
016”. The City is seeking a qualified individuals or firms to provide special event equipment on
an as needed basis for City-hosted special events and festivals throughout the year. The City is
seeking a cost per hour for rental items which include but are not limited to: Tents, Tables, Linen,
Chairs, Lighting, Fencing, Bars, Fans, Pipe and Drape, Portable Stage Units and other equipment
as outlined in Exhibit B.
The Contractor shall be required to furnish and fully install and set-up the special events
equipment listed in Exhibit B in a timely manner with the adequate amount of personnel to
complete the set-up at the time required by the City. The Contractor shall also ensure that no
person that has been convicted of a felony is assigned to a City sponsored event.
The selected vendors will inspect all equipment for compliance prior to the event start. Any
equipment found to be in non-working or otherwise unacceptable condition shall be replaced. Any
unacceptable equipment MUST be replaced in a timely manner before event start.
Contractor shall work with assigned City Staff to coordinate the delivery, set-up, tear-down and
pick-up of the special events equipment.
The City will try its best to give a minimum lead time of seven (7) calendar days to the
Contractor(s) prior to the desired scheduled starting date for any specific assignment and event.
When possible, longer lead times shall be given to the Contractor(s). Services will be required
on weekdays, weekends and holidays.
Tents and Canopies: All tents and canopies shall be clean and in good condition, free of stains,
rips and worn areas. Tents must include tent flags. All tents and canopies must meet all applicable
permitting requirements.
Tables and Chairs: All tables and chairs shall be clean, sturdy and in good condition.
All Other Items: All other equipment that may be rented under this Contract shall be supplied in
clean, presentable and working condition, and with any supplies and accessories necessary for
proper operation of the item. Company shall verify audio/visual equipment for any required
compatibility with City systems at the time of Event Order placement.
1.1.2 By submitting a bid, the Bidder acknowledges that he, she, or it is familiar with the
scope of services prior to submitting a bid. Failure of a Bidder to be familiar with the requirements
of the Project Work does not relieve the Contractor of the responsibility for completion of all
required services for the Project.
1.1.3 It shall also be the Bidder's responsibility to visit the proposed Project Site to
become thoroughly familiar with the nature and extent of the Work to be performed and all local
existing site conditions, and to make his or her own estimate of the faciliti es and difficulties
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attending the execution of the Work; no allowance shall be made by the Owner for the Bidder's
failure to do so.
1.1.4 Bids will be considered if submitted by qualified Contractors who or which have
experience, including similar previous work in the provision of the requested services. Contractors
offering full service will receive the highest consideration.
1.1.5 Applicants should include the following items in the submitted Bid:
Letter of Transmittal;
a. Anticipated time line to begin delivery of services;
b. A breakdown of the costs for the delivery of services described above.
c. A list of five (5) similar projects performed in South Florida (see the form to be
used which is included as Exhibit “A”, “Bidder Qualifications”; it is made a part
of and is incorporated into the ITB by this reference) and it includes the following
information:
1) Name of each entity for which the work was performed;
2) Brief description of the scope of work;
3) Amount of initial contract award; and
4) Name of contact person and contact information with the entity who can
knowledgeably discuss your company’s performance.
f. Indication that the Contractor can provide increased levels of service (additional
hours) at the same cost per hour; and
g. Any other information that the Contractor feels is relevant to assist the City in
evaluating Contractor’s qualifications.
h. The City intends to award an agreement to the lowest, responsive, responsible
Bidder for the requested services specified in the ITB, taking into consideration
experience, staffing, equipment, materials, references and past performance. The
City reserves the right to reject any and all bids, to waive any informality in a bid
and to make an award in the best interests of the City. In case of disputes in the
award of the agreement, the decision of the City shall be final and binding on both
parties.
i. If the Bidder to whom or to which an award is made fails to enter into an agreement,
the award may be annulled and the agreement offered to the next most qualified
Bidder or to the Bidder which offered the next lowest, responsive and responsible
bid in the opinion of the City. THE CONTRACTOR AND ANY
SUBCONTRACTOR(S) SHALL NOT COMMENCE WORK ON THE
PROJECT UNTIL AN AGREEMENT HAS BEEN FULLY EXECUTED BY
BOTH PARTIES.
SECTION 2 - NO BIDS
If a Bidder does not intend to bid, please indicate the reason, such as insufficient time to respond,
do not offer product or service, unable to meet specifications, schedule would not permit, or any
other reason. Failure to bid prior to the date and time scheduled for the bid opening may result in
the Bidder being deleted from the City’s bidders’ registration list for the services requested in the
Invitation to Bid.
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SECTION 3 - CAUSES FOR REJECTION OF A BID
3.1 No bid will be considered or accepted that, in the opinion of the City, is informal or
unbalanced, or contains inadequate or unreasonable prices for any items; each item must carry its
own proportion of the cost as nearly as is practicable. However, the City shall be under no
obligation to investigate the correctness of any bid, and the Bidder by signing the bid shall be
deemed to have verified that no errors appear in the bid as submitted. Any alterations, erasures,
interlineations or failures of a bid to contain all items called for in the ITB may result in rejection
of the bid.
3.2 If any Bidder violates any provision in the ITB, such Bidder may be disqualified from
performing the Project Work, or from furnishing the requested services for which the bid was
submitted, and the Bidder may be further disqualified from bidding on any future bids for work,
for goods, or for services for the City.
3.3 The Bidder shall complete the “Bid Form”, which is attached as Exhibit “B”; it is made a
part of and is incorporated into the ITB by this reference.
SECTION 4 - INTERPRETATION AND CLARIFICATION OF BIDDING DOCUMENTS
4.1 All questions requiring interpretation or clarification of the bidding documents shall be
made in writing and shall be delivered to the City (and its Consultant, if applicable) to
procurement@daniabeachfl.gov by 5:00 P.M. on August 7, 2023. Questions received after this
time will not be addressed.
4.2 For information pertaining to this ITB, email the Procurement Administrator at
procurement@daniabeachfl.gov. Such contact shall be for clarification purposes only. Material
changes, if any, to the scope of services or Proposal procedures will be transmitted only by written
addendum.
4.3 Interpretations or modifications of the bidding documents made in any manner other than
Addendum or Addenda issued by the City shall not be binding and shall have no effect.
4.4 The Bidder, prior to submitting a bid, shall ascertain that it has received any Addendum or
Addenda issued by the City for this Project, and that shall be acknowledged in writing by an
authorized representative.
4.5 Costs for those matters not questioned and not addressed in an Addendum or Addenda,
shall be the responsibility of the Bidder, and Bidder shall be responsible to include such costs
within the submitted Bid.
4.6 Bidders shall use the Bid Document Forms furnished in the ITB. Bid Base Amounts
shall be furnished in both words and numerals, and in case of a discrepancy between the two, the
amount written in words shall govern.
4.7 In the event of a mathematical error in the extension of any unit price, or addition of total
price, the unit price shall prevail.
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4.8 Insurance Coverage: Bidders who are responding to the Invitation to Bid (“ITB”) MUST
comply with all of the insurance requirements specified in Section 27 (“Insurance Requirements”)
of the Bid Documents and the Agreement upon award to the successful Bidder.
SECTION 5 - GENERAL CONDITIONS
5.1 Purpose: The purpose of the Invitation to Bid is to establish between the City and the
Contractor an agreement to perform the project work. The successful Bidder shall provide a
Performance Bond for One Hundred Ten percent (110%) of the contract price made payable to the
City of Dania Beach, Florida, within fourteen (14) days of notification of the award of the
agreement. A copy of the Performance Bond form is attached as Exhibit “C”; it is made a part of
and is incorporated into the ITB by this reference.
5.2 Documentation: Bidder shall submit in its bid the following:
a. Evidence that the Bidder is certified and licensed to perform the required services
in the State of Florida. The successful Bidder must be in compliance with all
applicable laws and regulations;
b. A statement stating the number of years the Contractor has been a qualified provider
of the requested services; and
c. A complete Bidder’s Questionnaire form which is attached as Exhibit “E”; it is
made a part of and is incorporated into the ITB by this reference.
5.3 Bidder Expenses: Bidders are solely responsible for their own expenses in preparing and
submitting Bids, and for any meetings, negotiations or discussions with the City or its
representatives and consultants, relating to or arising from this ITB. The City and its
representatives, agents, consultants and advisors shall not be liable to any Bidder for any
claims, whether for costs, expenses, losses or damages, or loss of anticipated profits, or for any
other matter whatsoever, incurred by any Bidder in preparing and submitting a Bid, or
participating in negotiations for a contract, or any other activity related to or arising out of this
ITB.
5.4 No Contract: By submitting a Bid and participating in the process as outlined in this ITB,
Bidders expressly agree that no contract of any kind is formed under or arises from this ITB prior
to the complete signing by both parties of a formal written contract.
5.5 Conflict of Interest: Bidders shall disclose any potential conflicts of interest and existing
business relationships they may have with the City. If requested by the City, a Bidder should
provide all pertinent information regarding ownership of the entity within forty-eight (48) hours
of the City’s request.
5.6 General Conditions: The agreement to be awarded will be subject to the provisions of the
United Sates Constitution, Florida laws, statutes and ordinances of the United States of America,
the State of Florida, Broward County and the City of Dania Beach.
SECTION 6 - SPECIAL CONDITIONS
6.1 Any and all Special Conditions contained in the ITB that may be in variance or conflict
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with the General Conditions shall have precedence over the General Conditions. If no changes or
deletions to General Conditions are made in the Special Conditions, then the General Conditions
shall prevail in their entirety.
6.2 The Notice of Invitation to Bid, Bidder’s Questionnaire, Specifications, Exhibits, Addendum
or Addenda, the legal advertisement of the ITB and any other pertinent documents form a part of
the ITB, and ultimately, the agreement; all of the documents are made a part of and are
incorporated into the ITB and the awarded agreement.
SECTION 7 - PUBLIC ENTITY CRIMES STATEMENT
A person or affiliate who, or which has been placed on the State of Florida convicted vendor list
following a conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a Contractor, supplier,
subcontractor or consultant under an agreement with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017 F.
S. for CATEGORY TWO, which is $35,000.00, for a period of thirty-six (36) months from the
date of being placed on the convicted vendor list. A form to that effect, as mentioned above, must
be submitted by the Bidder. A copy of the Sworn Statement on Public Entities Crimes is attached
as Exhibit “F”; a copy is made a part of and is incorporated into the ITB by this reference.
SECTION 8 – PRICES, TERMS ARE TO BE FIRM
8.1 The Bidder warrants by virtue of its Bid that the prices, terms and conditions contained in
the ITB shall be firm for a period of no less than one hundred twenty (120) calendar days from the
date of the bid opening.
8.2 The bid prices shall include all permit fees, royalties, license fees, taxes and other costs
arising from the use of the materials and equipment in any way involved in the Project Work, as
well as all costs of packaging, transporting and delivery of any materials and equipment to the
designated location within the City, and the site cleanup.
8.3 The City may require the addition or deletion of services from the Contractor if the
requirements and needs of the City change, in City’s sole opinion. This may entail additional
services and additional locations. The Contractor shall provide the City with costs for these
additional services and additional locations or both, based upon the cost structure utilized in
establishing the pricing for listed locations in initially contracted areas. Deletion of locations,
services, or both shall be handled in the same manner as described above. If the costs offered are
not acceptable to the City, the City reserves the right to procure the additional services from one
or more other Contractors.
SECTION 9 - BID SECURITY
9.1 Bid Security: N/A
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SECTION 10 - PROTECTION OF PROPERTY
10.1 The successful Bidder shall at all times guard against damage or loss to City property or
property of other persons, vendors or Contractors and shall be responsible for replacing or
repairing any such damage or loss. The Contractor will be required to report any such damages
immediately to the City’s representative in charge of the Project. The successful Bidder shall
ensure that the area in which the sidewalks are being replaced that pedestrians, and the general
public are not injured nor have access to the area (safety screening) in which work is proceeding.
10.2 The City reserves the right to repair any damages created by the Contractor and to deduct
the appropriate amount from any payment due to the Contractor. In all cases, the decision of the
City is final.
SECTION 11 – SITE RESTORATION
Contractor shall remove all excess material and shall clean up and restore the site to its original
condition or better. All damage, as a result of work under this Contract, done to existing structures,
pavement, driveways, paved areas, curbs and gutters, sidewalks, shrubbery, grass, trees, fences,
walls, utility poles, utility pipe lines, conduits, drains, catch basins, flagstones, rocked graveled or
stabilized areas or driveways, and including all obstructions not specifically named in this
provision, shall be repaired, or replaced, as determined by the City. Site restoration shall be done
in a timely manner.
SECTION 12 - INSTRUCTIONS TO BIDDERS
12.1 Form Documents: The bid and its accompanying statements must be made on the forms
provided in the ITB. The forms must be submitted in good order and with all the blanks completed.
The bid must be signed by a representative of the Bidder duly authorized to do so,
and, in the case the bid is signed by a deputy or subordinate, the principal’s written authority to do
so must accompany the bid.
12.2 Taxes: The City is exempt from any taxes related to the requested services, which may
otherwise be imposed by the state or federal government. This exemption does not transmit to
suppliers in their purchases of goods or services, used in work or goods supplied to the City. The
Contractor shall pay all applicable sales, consumer, use and other similar taxes required by law.
The Contractor is responsible for reviewing the pertinent state statutes involving the sales tax and
complying with all requirements.
SECTION 13 - RETENTION OF RECORDS AND RIGHT TO ACCESS
The successful Bidder shall preserve and make available all financial records, supporting
documents, statistical records, and any other documents pertinent to the agreement for a period of
three (3) years after termination or conclusion of the agreement, or if an audit has been initiated
and audit findings have not been resolved at the end of these three (3) years, the records shall be
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retained by the City until resolution of audit finding.
SECTION 14 - NON-COLLUSION STATEMENT
By submitting a bid, the Bidder affirms that the bid is without previous understanding, agreement,
or connection with any person, business, or corporation and that the bid is in all respects fair, and
made without collusion or fraud. The Non-Collusion Affidavit form must be executed by the
Bidder; a copy of the form is attached as Exhibit “H”; it is made a part of and is incorporated into
the ITB by this reference.
SECTION 15 - FLORIDA TRENCH SAFETY ACT
The Bidder shall include with its Bid, when applicable, all documentation required by the Florida
"Trench Safety Act", Section 553.63, Florida Statutes. The unit prices and total prices presented
in the Bid, and those presented in any subsequent change orders shall include the Bidder's cost for
compliance with the applicable trench safety standards.
SECTION 16 - MINIMUM AND MANDATORY TECHNICAL SPECIF ICATIONS
The technical specifications may include items that are considered minimum, mandatory, or
required. If any Bidder is unable to provide these items, and feels that the technical specifications
are overly restrictive, the Bidder must notify the City of Dania Beach in writing immediately. Such
notification must be received by the City prior to the deadline contained in the ITB, for questions
of a material nature, at least ten (10) calendar days prior to the bid opening date. If no such
notification is received prior to that deadline, the City will consider the technical specifications to
be acceptable to the Bidder.
SECTION 17 - PUBLIC RECORDS
17.1 Bid Submissions Shall Become City Property: All submissions become the property of
the City and will not be returned to the Bidder. The City will hold all submissions in confidence
unless otherwise required by law.
17.2 Contractor’s Obligations: Bidders should be aware the City is a “public body” as defined
in Florida Statutes, Section 119.011(2) and that it is subject to Florida Statutes, Section
119.0701(2) (a), and the related provisions of the Florida Public Records Law. If awarded this
project, the following will apply:
17.2.1 Documents to Be City Property: Unless otherwise provided by law, any and all
records, including but not limited to reports, surveys, and other data and documents provided or
created in connection with the contract are and shall remain the property of the City.
17.2.2 Maintenance of Records: Bidder agrees to keep and maintain public records in
Bidder’s possession or control in connection with Bidder’s performance under the contract. Bidder
additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes.
The records should be maintained for at least five years after completion of work. Bidder shall ensure
that public records that are exempt or confidential and exempt from public records disclosure
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requirements are not disclosed, except as authorized by law, for the duration of the contract, and
following completion of the contract until the records are transferred to the City.
17.2.3 Response to Public Records Requests: Upon request from the City custodian of
public records, Bidder shall provide the City with a copy of the requested records or allow the records
to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by
Chapter 119, Florida Statutes, or as otherwise provided by law.
17.2.4 Delivery of Records: Upon completion of the contract or in the event of termination
by either party, any and all public records relating to the contract in the possession of the Bidder
shall be delivered by the Bidder to the City Manager, at no cost to the City, within seven (7) days.
All such records stored electronically by Bidder shall be delivered to the City in a format that is
compatible with the City’s information technology systems. Once the public records have been
delivered upon completion or termination of the contract, the Bidder shall destroy any and all
duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements.
Any compensation due to Bidder shall be withheld until all records are received as provided in this
ITB.
17.2.5 Failure to Comply: Bidder’s failure or refusal to comply with the provisions of this
section shall result in the immediate termination of the contract by the City.
17.3 Florida Public Records Law: Pursuant to Section 119.0701(2) (a), Florida Statutes:
IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER’S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, THE
BIDDER MUST CONTACT THE CITY CUSTODIAN OF PUBLIC
RECORDS.
Custodian of Records: Elora Riera, City Clerk
Mailing Address: 100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
Telephone number: 954-924-6800, Ext. 3623
Email: eriera@daniabeachfl.gov
SECTION 18 - SUCCESSORS AND ASSIGNS
The City and Contractor, respectively, will bind themselves, their partners, successors, assigns and
legal representatives to the agreement. Neither party to the agreement shall assign or subcontract
it or any portion of it, without the advance written consent of the other.
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SECTION 19 - QUALIFICATION OF BIDDERS
19.1 Bidders’ Qualifications: The Bidder shall complete the Bidders’ Qualifications Form
(Exhibit “A”) attached, along with any other evidence of satisfactory experience and ability to
perform the proposed Work. The failure of Bidder to demonstrate successful performance of
projects of a similar magnitude, scope and value as this project may be deemed to be grounds for
declaring the Bidder to be non-responsible.
19.2 Certified Financial Statement: If requested by the Owner, the Bidder shall submit a
certified financial statement, prepared within thirty (30) days of submission of the bid, indicating
current financial resources, liabilities, capital equipment, and financial history performance.
19.3 Disqualification: A Bidder shall be disqualified and its unopened Bid shall be rejected by
the City for any one or more of the following reasons:
a. Reason to believe that collusion exists among the Bidders.
b. The Bidder is or has been involved directly or indirectly in litigation or arbitration
against the Owner within the past ten (10) years.
c. The Bidder has defaulted on any previous contract with the Owner within the past ten
(10) years or is in arrears on an existing contract.
d. The submittal of more than one Bid from an individual, firm, partnership, corporation
or association under the same or different names. All such parties shall be disqualified.
e. Untimely bids shall be automatically and absolutely disqualified and returned
unopened. Excuses for the untimely submittal shall not be accepted. The time of bid
receipt documented by the City Clerk’s office shall determine the timeliness of the Bid.
19.4 Non-responsible Bidder: A Bidder may be determined by the Owner to be “non-responsible”
once Bids are opened, and a Bid may be rejected for any one or more of (but not limited to) the
following reasons:
a. Determination of a lack of competency as may be revealed by qualification statements,
financial statements, experience records or other information disclosed to Owner by
other sources.
b. The Bidder's uncompleted or pending workload on other projects, which in the
judgment of the Owner may cause detrimental impact on timely completion of the
Work.
c. The appearance of an unbalanced Bid, as determined by the Owner.
d. If the Bidder makes one or more false statements or provides false information in
connection with any portion of the bidding documents.
e. If the Bidder fails to demonstrate successful performance and completion of projects
of a similar magnitude, scope or value as this project.
19.5 Non-responsive Bidder: A Bidder may be deemed to be non-responsive and a Bid may
be rejected for any of, but not limited to, the following reasons:
a. If the Bidder fails to submit a complete Bid, including but not limited to, submitting
evidence of all insurance coverages required by the Bid and the Contract Documents.
b. If the Bidder fails in any way to abide by any of the provisions of the Contract
Documents.
SECTION 20 - CONTRACTOR'S RELATION TO THE CITY- INDEPENDENT
15
CONTRACTOR
It is expressly agreed upon and understood that the Contractor will be in all respects an independent
contractor as to the Project Work, and that the Contractor is in no respect an agent or employee of
the City. The agreement will specify the Project Work to be done by the Contractor, but the method
to be employed to accomplish the work shall be the responsibility of the Contractor, unless
otherwise provided in writing in the agreement. Contractor and its employees are not entitled to
any of the benefits that the City provides for City employees.
SECTION 21 - EMPLOYEES OF THE CONTRACTOR
21.1 Contractors shall only designate employees who are sufficiently skilled to provide the
required services specified in the ITB. Any person employed to provide the services who fails,
refuses or neglects to obey the instructions of the City's representative in anything relating to these
services, or who appears to be disorderly, insubordinate, or incompetent shall upon the order of
City's representative, be immediately relieved by the Contractor from the Project Work. Any
interference with, or any abusive or threatening conduct toward any City representative, its
assistants or inspectors by the Contractor, its employees or agents, or any member of the public
shall be grounds for the City to terminate the agreement and re-let the work. The Contractor shall
furnish all labor, materials, supplies and equipment necessary to properly maintain all Project
Work areas in an acceptable and safe condition.
21.2 Contractor agrees that it and its officers shall be held fully responsible, except as otherwise
prohibited by law, for all acts of their employees while in their employ.
SECTION 22 - AVAILABILITY OF FUNDS
The obligations of the City under the awarded agreement will be subject to the availability of
funds.
SECTION 23 - LICENSES, PERMITS, AND FEES
In accordance with the Public Bid Disclosure Act, Section 218.80, Florida Statutes, each
license, permit, or fee a Contractor will have to pay the City before or during the work, items or
services to be provided or the percentage method or unit method of all licenses, permits, and fees
required by the City and payable to the City by virtue of the work, items, or services as part of the
agreement are as follows:
a. Contractor shall have and maintain during the term of the agreement any and all
appropriate City licenses, fees (and business tax receipts, if applicable), which shall be
paid in full in accordance with the City's fee structure for such items. THERE WILL
NOT BE ANY PERCENTAGE REDUCTION OR WAIVING OF CITY
LICENSES, FEES (OR BUSINESS TAX RECEIPTS, IF APPLICABLE).
b. During the performance of the agreement, there may be times when the Contractor will
be required to obtain a permit for such work, or in connection with the items or services.
It is the responsibility of the Contractor to ensure that it has the appropriate permits as
may become necessary during the performance of the work. Any fees related to
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the required permits in connection with the agreement will be the sole responsibility of
the Contractor.
c. Licenses, permits, and fees may be required by Broward County, the state of Florida or
the federal government.
d. City will reimburse permit fee costs related to dewatering and National Pollutant
Discharge Elimination System (NPDES).
SECTION 24 - TERMINATION OF AGREEMENT
If the successful Bidder who or which is awarded the contract fails to provide the services, or
shall in any other manner commit a breach of the agreement and fails to remedy the same within
five (5) calendar days after receipt of written notice from the C ity, the City may terminate the
agreement resulting from the ITB without any further notice to the Contractor. City representatives
will review the construction services periodically to assure that the requirements of the agreement
are being met. If any work is unsatisfactory, the Contractor shall be contacted, and the
discrepancies corrected at no additional cost to the City. If deficiencies are not corrected within
five (5) working days, the City may, at its option, perform the required services or contract to have
them performed and deduct the cost of those services from the agreement cost.
SECTION 25 - TERMINATION OF AGREEMENT FOR CAUSE
If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its
obligations under the agreement, or if the Contractor shall violate any of the provisions of the
agreement, the City may upon written notice to the Contractor, terminate the right of the Contractor
to proceed under the agreement, or as to such part or parts of the agreement for which there has
been a default, and may hold the Contractor liable for any damages caused to the City by reason
of such default and termination. In the event of such default and termination, any completed
services performed by the Contractor under the agreement shall, at the option of the City become
the City's property and the Contractor shall be entitled to receive equitable compensation for any
work completed to the satisfaction of the City. The Contractor, however, shall not be relieved of
liability to the City for damages sustained by the City by reason of any breach of the agreement
by the Contractor, and the City may withhold any payments to the Contractor for the purpose of
set-off until such time as the amount of damages due to the City from the Contractor can be
determined. The City reserves the right to terminate the agreement upon thirty (30) calendar days’
written notice, without cause.
SECTION 26 - INDEMNIFICATION AND HOLD HARMLESS PROVISIONS
26.1 The selected Contractor shall, in addition to any other obligation to indemnify the City and
to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City,
including its agents, elected officials and employees from and against all claims, actions, liabilities,
losses (including economic losses), or costs arising out of any actual or alleged:
a. bodily injury, sickness, disease or death, or injury to or destruction of tangible property,
including the loss of use resulting therefrom, or any other damage or loss arising out of
or resulting or claimed to have resulted in whole or in part from any actual or alleged
act or omission of the Contractor, anyone directly or indirectly employed by any of
17
them, or anyone for whose acts any of them may be liable in the performance of the
work;
b. any violation of law, statute, ordinance, governmental administrative order, rule,
regulation, or infringement of patent rights by Contractor in the performance of the
work;
c. liens, claims, actions made by the Contractor or other party performing the work; and
d. claims of whatsoever nature related to collection practices or any actions of a
contradictory nature pursuant to the Agreement or in an attempt to collect monies due
or claimed to be due to the City.
26.2 Indemnification for Construction Contracts. In the event that the performance of services
under the Contract is deemed to be a “construction contract” pursuant to §725.06, Florida Statutes,
as it may be amended from time to time, the following indemnification shall apply:
To the fullest extent permitted by Chapter 725, Florida Statutes, as it may be
amended, the Contractor agrees to indemnify and hold harmless the Owner, its
officers, employees, and assigns from liabilities, damages, losses, and costs
including, but not limited to reasonable attorney fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful misconduct of the Contractor
and persons employed or utilized by the Contractor in the performance of the
provisions in the Contract Documents.
SECTION 27 - INSURANCE REQUIREMENTS
27.1 Insurance Required Before Commencement of Work: The Contractor shall not
commence Work under the Agreement until Contractor has obtained all insurance required under
this Section, and not until such time that the coverages are approved by the Risk Manager of the
City. The Contractor shall not allow any employee of Contractor or any Subcontractor to
commence Work on any subcontract until the Subcontractor and all Coverages required of any
Subcontractor have been obtained and approved by the Risk Manager of the City. In addition,
Contractor shall be responsible for any and all policy deductibles and self-insured retentions.
27.2 Insurance Requirements: Coverages shall be in force until all Work required to be
performed under the terms of the Agreement, including any applicable warranty period, is
satisfactorily completed as evidenced by the formal written acceptance by the City. In the event
insurance certificates provided to City indicate that the insurance shall terminate and lapse during
the period of the Agreement, including any applicable warranty period, then in that event, the
Contractor shall furnish, at least thirty (30) days prior to the expiration of the date of such
insurance, a renewed Certificate of Insurance as proof that equal and like coverages for the balance
of the period of the Agreement, including any extension of it, and including any applicable
warranty period, is in effect. THE CONTRACTOR AND ANY SUBCONTRACTOR SHALL
NOT PERFORM OR CONTINUE WORK PURSUANT TO THE AGREEMENT, UNLESS
ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT. ANY DELAY IN THE
WORK CAUSED BY A LAPSE IN COVERAGE SHALL BE NON-EXCUSABLE, SHALL
NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE SUBJECT TO ANY
OTHER APPLICABLE PROVISIONS DESCRIBED IN THE AGREEMENT OR
ELSEWHERE IN THE BID DOCUMENTS CONCERNING CONTRACTOR DELAY.
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27.3 Required Minimum Coverages: The below coverages are minimum limit
requirements. Umbrella or Excess Liability policies are acceptable to provide the total required
liability limits, as long as the Risk Manager of the City reviews and approves in writing the
insurance limits on each of the policies. The City must approve any changes to these specifications
and has the right to review and amend coverage requirements. The CONTRACTOR shall be held
responsible for any modifications, deviations, or omissions in these insurance requirements.
CONTRACTOR shall be responsible for any deductible amounts.
27.4 GENERAL LIABILITY INSURANCE is to include bodily injury, broad form property
damage, products/completed operations, blanket contractual liability, and personal/advertising
injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence, and Two
Million Dollars ($2,000,000.00) annual aggregate.
27.5 SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE (to be
confirmed on or attached to the Official Certificate of Insurance):
a. Annual Aggregate shall apply “Per Job”;
b. “The City of Dania Beach, Florida” is added as a named “Additional Insured”;
c. Additional Insured status is included for Products completed operations coverage for a
period of no less than five (5) years following the completion of the Work or Project;
d. Additional insured coverage shall be no more restrictive than Insurance Services Office
(ISO) form CG 2037 (07 04);
e. Contractor’s insurance shall be primary and non-contributory;
f. Waiver of Subrogation in favor of the City;
g. 30 Days’ Notice of Cancellation or modification to City (if not available on the
insurance policies, then Contractor has responsibility for notification); and
h. Copy of Additional Insured Endorsement or other endorsements may be attached to the
Certificate.
27.6 WORKERS’ COMPENSATION INSURANCE must be provided for all persons fulfilling
this agreement whether employed, contracted, temporary, or subcontracted for the life of the
agreement, including any applicable warranty period(s), and it is to apply to all “statutory
employees” of Contractor (as that phrase is defined by Chapter 440, Florida Statutes), in
compliance with the “Workers’ Compensation Law" of the State of Florida and all applicable
federal laws, for the benefit of the Contractor, its employees, and Subcontractors.
27.7 In the case any work is sublet as otherwise addressed in the Agreement or Bid Documents,
the Contractor shall require any Subcontractors similarly to provide Workers’ Compensation
Insurance for all of the latter’s employees, in addition to any coverage afforded by the Contractor,
by furnishing Statutory Limits Part A, and no less than One Million Dollars ($1,000,000.00)
Employers’ Liability Limits Part B.
27.8 IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN
THE PROSECUTION OF THE WORK, THE FOLLOWING:
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A) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR
EMPLOYEE WHO IS EXEMPTED OR PURPORTED TO BE EXEMPT
FROM WORKERS’ COMPENSATION INSURANCE COVERAGE; OR
B) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR
EMPLOYEES WHO WILL BE COVERED BY AN EMPLOYEE
LEASING ARRANGEMENT.
27.9 SPECIAL PROVISIONS AS TO WORKERS’ COMPENSATION INSURANCE (to be
confirmed on or attached to the Official Certificate of Insurance) :
A) 30 Days’ Notice of Cancellation or Modification to City (if not available on the
insurance policies, then Contractor has responsibility for notification); and
B) Waiver of Subrogation.
27.10 AUTOMOBILE LIABILITY INSURANCE shall be maintained with combined single
limits of no less than One Million Dollars ($1,000,000.00), to include coverage for owned, hired,
and non-owned vehicles.
27.11 SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE (to be
confirmed on or attached to the Official Certificate of Insurance):
A) “The City of Dania Beach” is added as a named “Additional Insured”;
B) 30 Days’ Notice of Cancellation or modification to City (if not available on the
insurance policies, then Contractor has responsibility for notification); and
C) Waiver of Subrogation.
27.12 Proof of Insurance: The following are requirements that must be met regarding the
Bidder’s delivery of Certificates of Insurance for all coverages required in the Agreement and Bid
Documents:
27.12.1 “Preliminary” certificate means that certificates of insurance verifying all general
insurance requirements (as noted below) must be included with Bid at submittal on the date and
time of the Bid opening. If the “preliminary” certificates are not included with a Bid submittal,
then the City has the right to consider the submitted Bid as non-responsive on the date and time of
the Bid opening. “Preliminary” Certificates may be issued without documentation of all “Special
Provisions”. However, Contractor does understand that all provisions, including “Special
Provisions” noted below are expected to be fully documented on or attached to the “Official”
Certificates of Insurance as described below.
27.12.2 “Official” Certificates of Insurance must be delivered to the City Clerk’s office
and Risk Manager of the City. If the “Official” certificates are not delivered before or on the
fourteenth (14th) Business Day after the issuance by the City of the “Notice of Intent to Award”,
then the City has the right to consider the awarded Agreement to the successful Bidder as void and
to negotiate a contract with the next lowest responsive and responsible Bidder. “S pecial
Provisions”, as referenced below under each type of insurance requirement shall be fully
confirmed on or attached to the “Official” certificates.
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27.12.3 All Certificates of Insurance must clearly identify the contract to which they
pertain, including a brief description of the subject matter of the contract. The certificates shall
contain a provision that coverage afforded under the policies will not be canceled until at least
thirty (30) days’ prior written notice has been given to City. If this coverage is not provided, then
Contractor is responsible for such notice to City. Insurance policies for required coverages shall
be issued by companies authorized to do business under the laws of the State of Florida and any
such companies’ financial ratings must be no less than A-VII in the latest edition of the “BEST’S
KEY RATING GUIDE”, published by A.M. Best Guide. In the event that the insurance carrier’s
rating shall drop, the insurance carrier shall immediately notify the City in writing.
SECTION 28 – SAFETY
28.1 The successful Bidder shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Project Work. The successful Bidder shall
comply with the rules and regulations of the Florida Department of Commerce regarding industrial
safety (Florida Statutes, Section 440.56) and with the standards set forth in the federal
Occupational Safety and Health Act of 1970 (OSHA), and its amendments.
28.2 Bidder, by submitting a bid, certifies that all materials and equipment to be supplied for
the Project will meet all federal and state requirements, including but not limited to, the
Occupational Safety and Health Act (OSHA).
SECTION 29 - WARRANTY
The Contractor shall warrant to the City that materials and equipment furnished under the
agreement will be of good quality and new unless otherwise required or permitted by the Contract
Documents; that the Work will be free from defects, and that the Work will conform to the terms
and conditions of the agreement. Work not conforming to those terms and conditions, including
substitutions not properly approved and authorized may be considered defective. The Contractor's
warranty may exclude damage or defect caused by abuse, modifications not executed by the
Contractor, improper or insufficient City maintenance, improper operation, or normal wear and
tear under normal usage. The Contractor shall furnish satisfactory evidence as to the kind and
quality of materials and equipment. All manufacturers’ product warranties shall be registered in
the City’s name and for its sole benefit. The warranty shall be for one year after completion of the
work.
SECTION 30 - RESPONSIBLE BIDDER
No bid will be accepted from, nor will any agreement be awarded to, any person or entity who
or which is in arrears to the City of Dania Beach upon any debt or agreement, who or which is in
default as surety or otherwise upon any obligation to the City, who is deemed irresponsible or
unreliable by the City, or who or which has been found guilty or convicted of a Public Entity crime
in any federal or state trial court of record.
SECTION 31 - CONTRACTOR'S FINANCIAL/EXPERIENCE RECORD
The City shall have the right to investigate the financial condition and experience record of the
Bidder, and determine to its satisfaction the competency of the Bidder to undertake the requested
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services in the ITB.
SECTION 32 - BILLING PROCEDURE
The preferred method for invoices is to send via email to ap@daniabeachfl.gov. A copy may also
be mailed to City Hall.
City of Dania Beach Finance Department
Attn: Accounts Payable
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
with a copy to:
City of Dania Beach Parks and Recreation Department
Attn: Eric Brown
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
The City will pay to the Contractor for the faithful performance of the Contract, in lawful money
of the United States, and subject to adjustments as provided in the Contract Documents, the
amounts equal to the sum of the unit, lump sum price or both established for each separately
identified work item, times the estimated quantity of that item, as indicated in the Schedule of
Prices.
As provided in the Bid, the quantities entered in the Schedule of Prices for each item of work is
an estimate only and the final Contract amount and the total payment made to the Contractor
will be based on the actual number of units of each work item incorporated in the Work of the
Contract. It is understood that the unit prices quoted or established for work items will be used
for computing the amount to be paid to the Contractor, based on the quantities actually
constructed as determined by the applicable measurement and payment portion of the
Specifications.
SECTION 33-PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR
IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING
Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended,
that the City will not request documentation of or consider a Bidder's social, political, or
ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further
notified that the City's governing body may not give preference to a Bidder based on the Bidder's
social, political, or ideological interests.
SECTION 34 - BID PROTEST PROCEDURE
34.1 After a Notice of Intent to Award a contract is posted, any actual or prospective Bidder
claiming to be aggrieved in connection with the pending award of the Contract or any element of
the process leading to the award of the Contract may protest to the City Manager. A protest must
be filed by 5:00 PM on the third (3rd) Business Day after posting at City Hall of the Notice of
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Award (excluding the day that the Notice is posted) or any right to protest is waived. The protest
must be in writing, must identify the name and address of the protester, and must include a factual
summary of, and the basis for, the protest. Filing shall be considered complete when the protest
and a Bid Protest Bond are timely received by the City Manager’s Office.
34.2 A Bid Protest Bond shall accompany the written protest, to compensate City for the
expenses of administering the protest. If the protest is decided in the protester's favor, the entire
deposit shall be returned to the protester. If the protest is not decided in the protester's favor, the
deposit shall be retained by the City. The deposit shall be in the form of a cashier's check, and
shall be the one percent (1%) of the amount of the pending award to the initial successful Bidder
or five thousand ($5,000.00) dollars, whichever is less.
34.3 The Protest Committee shall have the authority to review, settle, and resolve all protests.
Members of the Protest Committee will be appointed by the City Manager. If the Protest
Committee determines that the pending award of a contract or any element of the process leading
to the award involved a significant violation of law, applicable rule or regulation, all steps
necessary and proper to correct the violation shall be taken. If the Protest Committee determines
that the protest has merit, the City Manager shall direct that all appropriate steps are to be taken to
remedy it.
34.4 In the event of a timely protest, the City Manager shall stay the award of the Contract
unless, after consulting with the City Attorney and a representative from the City’s Department
for which the services are being obtained, the City Manager determines that the award of the
Contract without delay is necessary to protect the substantial interests of the City. The continuation
of the bid award process under these circumstances shall not preempt or otherwise affect the
protest.
SECTION 35 - LITIGATION
35.1 In addition to any other provision of this ITB, the City may, in its absolute discretion,
reject a Bid if the Bidder, or any officer or director of the Bidder submitting the Bid, is or has
been engaged directly or indirectly in legal action against the City, its elected or appointed
officers, representatives or employees in relation to any matter.
35.2 In determining whether or not to reject a Bid under this section, the City will consider
whether the litigation is likely to affect the Bidder’s ability to work with the City, its consultants
and representatives and whether the City’s experience with the Bidder indicates that there is a
risk that the City will incur increased staff and legal costs in the administration of the contract if
it is awarded to the Bidder.
35.3 A contract with the successful Bidder will include the following:
GOVERNING LAW; CONSENT TO JURISDICTION. The law of the State of Florida
shall govern the contract. The contract is not subject to arbitration. THE PARTIES
EXPRESSLY WAIVE ALL RIGHTS TO TRIAL BY JURY FOR ANY DISPUTES
ARISING FROM, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT.
THE PARTIES UNDERSTAND AND AGREE THAT THIS WAIVER IS A
MATERIAL CONTRACT TERM.
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35.4 All claims, counterclaims, disputes and other matters in question between City and the
Contractor arising out of, relating to or pertaining to the Contract, the breach of it, the services of
it, or the standard of performance required in it, are to be addressed by resort to non-binding
mediation as authorized under the laws and rules of Florida; provided, however, that in the event
of any dispute between the parties, the parties agree to first negotiate with each other for a
resolution of the matter or matters in dispute and, upon failure of such negotiations to resolve the
dispute, the parties shall resort to mediation. If mediation is unsuccessful, any such matter may
be determined by litigation in a court of competent jurisdiction in Broward County, Florida, or
the Federal District Court of the Southern District of Florida and appropriate appellate courts for
such venue and jurisdiction. If City or Contractor incurs any expense in enforcing the terms of
the Contractor, whether suit is brought or not, each party shall bear its own costs and expenses
including, but not limited to, court costs and reasonable attorney fees.
SECTION 36 - CONTRACT AWARD AND EXECUTION
36.1 Bid Opening and Evaluation: The City will publicly open and announce all bids it
receives by total amount in accordance with the terms of the advertisement. The City will verify
all bidders have properly submitted and executed all required bid documents and forms; review all
bids for accuracy; prepare a tabulation of the bids showing the item details and total bid for all
responsible bids; check for conformance of all bids to the engineer's estimate; evaluate unbalanced
bid items; confirm the bid tabulations; and provide a recommendation for award of bid or
recommendation for re-advertisement, if appropriate, to the City Commission.
36.2 Rejection of Bids: The City may reject bids in the following circumstances:
(a) where the low bid differs from the engineer's estimate by an unreasonable amount
(reasonable conformance pursuant to 23 CFR 635.114(c))
(b) where obvious unbalancing of unit prices has occurred, or
(c) where competition is considered to be inadequate relative to the size, type, and location
of the project.
36.3 Prohibition of Negotiations with Contractors or Bidders: Negotiations with contractors
are not permitted during the advertisement, award, or execution period of the contracting process.
36.4 Contract Award and Execution: The City will enter into a contract with the lowest priced
and the most responsive and responsible bidder. The contract term shall be for a period of three
(3) years.
If the City is unable to come to terms with the lowest priced and the most responsive and
responsible bidder, the City shall initiate the award process with the next lower priced most
responsive and responsible bidder, and so on, until a contract is executed.
The City is under no obligation to accept any Bid submitted. The City reserves the right in its sole
discretion to waive informalities in, or, at any time in the process and to reject any or all Bids at
any time.
All costs incurred in the preparation and presentation of any Bid shall be wholly absorbed by the
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Bidder. All supporting documentation and manuals submitted with any Bid will become the
property of the City of Dania Beach unless otherwise requested by the Bidder at the time of
submission.
SECTION 37 – CONE OF SILENCE
37.1 Cone of Silence: Definitions: “Cone of Silence,” as used in this ITB, means a prohibition
on any communication regarding a particular Request for Proposal (“RFP”), Request for
Qualification (“RFQ”) or Invitation to Bid (“ITB”), between:
a potential vendor, service provider, Bidder, bidder, lobbyist, or consultant, and:
a City Commission member, City’s professional staff including, but not limited to,
the City Manager and her staff, or any member of the City’s Selection Committee.
Restriction; Notice: A Cone of Silence shall be imposed upon this ITB upon the advertisement
of the ITB. At the time of imposition of the Cone of Silence, the City Manager or designee shall
provide for public notice of the Cone of Silence by posting a notice at City Hall. The City
Manager shall issue a written notice as to the Cone of Silence to the affected departments, file a
copy of such notice with the City Clerk, with a copy to each City Commissioner, and shall include
in any public solicitation for goods or services a statement disclosing the requirements of this
section.
Termination of Cone of Silence: The Cone of Silence shall terminate at the beginning of the
City Commission meeting (whether a regular or special meeting) at which the City Manager
makes a written recommendation of award to the City Commission. However, if the City
Commission refers the City Manager’s recommendation back to the City Manager or staff for
further review, the Cone of Silence shall be re-imposed until such time as the City Manager makes
a subsequent written recommendation.
Exceptions to Applicability: The provisions of this section shall not apply to:
a. Oral communications at pre-bid conferences;
b. Oral presentations before the Selection Committee;
c. Public presentations made to the City Commission members during any
duly noticed public meeting;
d. Communications in writing at any time with any City employee, unless
specifically prohibited by the ITB. The Bidder shall file a copy of any
written communication with the City Clerk. The City Clerk shall make
copies available to any person upon request;
e. Communications regarding the ITB between a potential vendor, service
provider, Bidder, lobbyist or consultant and the City’s Procurement and
Contract Services Agent or City employee designated as responsible for
25
administering the procurement process for the ITB, provided the
communication is limited strictly to matters of process or procedure already
contained in the corresponding solicitation document;
f. Communications with the City Attorney and his staff;
g. Duly noticed site visits to determine the competency of a Bidder regarding
the ITB during the time period between the opening of Bids and the time
the City Manager makes a written recommendation;
h. Any emergency procurement of goods or services pursuant to City Code;
i. Responses to the City’s request for clarification or additional information;
j. Contract negotiations during any duly noticed public meeting;
k. Communications to enable City staff to seek and obtain industry comment
or perform market research, provided all related communications between
a potential vendor, service provider, Bidder, lobbyist, or consultant and any
member of the City’s professional staff including, but not limited to, the
City Manager and his staff are in writing or are made at a duly noticed
public meeting.
Penalties: Violation of this section by a particular Bidder shall render any ITB award or contract
to the Bidder voidable by the City Commission or City Manager. Any person who violates a
provision of this section may be prohibited from serving on a City selection or evaluation
committee. In addition to any other penalty provided in this ITB, violation of any provision of
this section by a City employee may subject the employee to disciplinary action.
Please contact the City Attorney for any questions concerning “Cone of Silence” compliance.
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EXHIBIT “A”
BIDDER QUALIFICATIONS
ITB NO. 23-016
The Bidder, as a result of this Bid, MUST hold a county or municipal business tax receipt in its
area of its fixed business location. The following information MUST be completed and submitted with
the Bid to be considered:
1. Legal Name and Address:
Name: _
Address: _ _
City, State, Zip: _ Telephone/Fax:
2. Specify type of entity Check One: Corporation ( ) Partnership ( ) Individual ( )
Other ( )_________________________________________________SPECIFY
3. If Corporation, state:
Date of Incorporation: State in which Incorporated: _
4. If an out-of-state Corporation or entity, must be currently authorized to do business in Florida by
the Office of the Florida Secretary of State:
5. Name and Title of Principal Officers Date Elected:
_
_
_
6. The length of time in business: years
7. The length of time (continuous) in business in Florida: ________________________years
8. Provide a list of at least five commercial or government references that the successful Bidder
has supplied service/commodities meeting the requirements of the City of Dania Beach
specifications, within the last five (5) years (see attached).
9. A copy of a county or municipal Business Tax Receipt.
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10. SIMILAR PROJECTS WITHIN THE LAST FIVE (5) YEARS
Project Title Project Title
Address Address
Owner Owner
Owner's Telephone Number Owner's Telephone Number
Contract Value Contract Value
Percent Complete Completion Date Percent Complete Completion Date
______________________________________________________________________________
Project Title Project Title
Address Address
Owner Owner
Owner's Telephone Number Owner's Telephone Number
Contract Value Contract Value
Percent Complete Completion Date Percent Complete Completion Date
28
Project Title Project Title
Address Address
Owner Owner
Owner's Telephone Number Owner's Telephone Number
Contract Value Contract Value
Percent Complete Completion Date Percent Complete Completion Date
______________________________________________________________________________
Project Title Project Title
Address Address
Owner Owner
Owner's Telephone Number Owner's Telephone Number
Contract Value Contract Value
Percent Complete Completion Date Percent Complete Completion Date
______________________________________________________________________________
Project Title Project Title
Address Address
Owner Owner
29
Owner's Telephone Number Owner's Telephone Number
Contract Value Contract Value
Percent Complete Completion Date Percent Complete Completion Date
11. Have you ever failed to complete any work awarded to you?
Yes No If yes, attach a separate sheet of explanation.
12. Within the last five years, has any officer or partner of your organization ever been an
officer or partner of another organization that failed to complete an Agreement?
Yes No If yes, attach a separate sheet of explanation.
13. Within the last five years, have you ever had a performance, payment or bid bond called?
Yes No If yes, attach a separate sheet of explanation.
14. Have you, any officer or partner of your organization, or the organization been involved
in any litigation or arbitration against the City?
Yes No If yes, attach a separate sheet of explanation.
15. Within the last five years, have you, any officer or partner of your organization, or the
organization or parent company or its subsidiaries been involved in any litigation or arbitration
against any other Florida public entity?
Yes No If yes, attach a separate sheet of explanation.
16. Within the last five years, have you, any officer or partner of your organization, or the
organization or parent company or its subsidiaries been involved in any litigation or arbitration
against any private entity for an amount greater than $100,000?
Yes No If yes, attach a separate sheet of explanation.
17. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries
or parent company been charged or indicted for any criminal activity within the last five years?
Yes No If yes, attach a separate sheet of explanation.
18. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries
or parent company been convicted or fined for any criminal activity within the last five years?
Yes No If yes, attach a separate sheet of explanation.
19. Within the last five years, have you, any officer or partner of your organization, or the
organization been investigated by any local, state, or federal law enforcement agency, criminal
justice agency or inspector general office?
Yes No If yes, attach a separate sheet of explanation.
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20. Within the last five years, have you, any officer or partner of your organization, or the
organization communicated with any local, state, or federal law enforcement agency, criminal
justice agency or inspector general office relating to goods or services provided or performed for
any governmental entity?
Yes No If yes, attach a separate sheet of explanation.
21. Within the last five years, have there been any reports or audits relating to you, any
officer or partner of your organization, or the organization issued by any local, state, or federal
law enforcement agency, criminal justice agency or inspector general office.
Yes No If yes, attach a separate sheet of explanation.
22. Within the last five years, have you, any officer or partner of your organization, or the
organization failed to disclose or made misrepresentations to any governmental entity regarding
conflicts of interest or potential or apparent conflicts of interest.
Yes No If yes, attach a separate sheet of explanation
Note: Information requested in the ITB and submitted by the Bidders will be analyzed by the City of Dania Beach and will be a
factor considered in awarding any resulting contract. The purpose is to insure that the successful Bidders in the sole opinio n of the
City of Dania Beach can sufficiently and efficiently perform all the required services in a timely and satisfactory manner as will be
required by the subject contract. If there are any terms or conditions that are in conflict, the most stringent requirement shall apply.
END OF BIDDER QUALIFICATIONS
EXHIBIT “B”
BID FORM
ITB 23-016
“EVENT EQUIPMENT RENTAL”
Bid Form is posted on City Webpage and DemandStar
EXHIBIT “C”
BIDDER’S QUESTIONNAIRE
The undersigned guarantees the truth and accuracy of all statements and answers contained below:
1. How many years has your organization been in business? __________
2. List below (or on an attached sheet, if necessary) the names, addresses and telephone
numbers of organizations, governmental, private or both located in Broward, Miami-Dade
or Palm Beach Counties, for which you are now, or have within the past five (5) years,
provided services similar to that called for in the Invitation to Bid.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
3. List below (or on an attached sheet, if necessary) all pertinent information and data that
would indicate the ability of your organization and management personnel to perform
satisfactorily.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
4. Have you personally completed a plan for performance of the work?
________________________________________________________________________
5. Have you ever failed to complete work awarded to you? If so, when, where and why?
________________________________________________________________________
________________________________________________________________________
6. What equipment do you own that is available for work?
________________________________________________________________________
________________________________________________________________________
7. Has your company ever been debarred or held in default in Broward, Miami-Dade, or Palm
Beach Counties or elsewhere by any other governmental
entity?__________________________________________________________________
8. How many employees (Contractors only) will be assigned to perform the
services?_____________________
9. How many supervisors will be assigned to perform the services?______________
10. Will personnel be part of a regular crew assigned to perform the services?
Yes_____ No_____
11. Will you be able to provide service for emergency situations? Yes_____ No______
If so, how much notice is required? _____________________
12. What equipment do you own that is available to complete the Project?
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Please attach copies of any licenses, awards, certificates, etc., that you may have.
EVERY PIECE OF EQUIPMENT MUST HAVE ORIGINAL FACTORY GUARDS
AND SHIELDS INSTALLED AND FUNCTIONING AT THE TIME OF WORK.
END OF BIDDER’S QUESTIONNAIRE
EXHIBIT “D”
Sworn Statement Under Section §287.133(3)(a), Florida Statutes on Public
Entity Crimes
(This form must be signed in the presence of a Notary Public or other officer authorized to
administer oaths.)
1. This sworn statement is submitted with Invitation to Bid No. 23-016.
_________________________________________________________
2. This sworn statement is submitted by:
(name of entity submitting sworn statement)
its business address is:
Federal Identification Number
(FEIN) is:
(if applicable)
Social Security Number:
(if the entity has no FEIN, include the Social Security Number
of the individual signing this sworn statement)
3. My name is:
(PRINT NAME of individual signing this document)
and my relationship to the entity is:
(President, General Partner, etc. as applicable)
4. I understand that a "public entity crime" as defined in Section 287.133(1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or with the United States, including, but not limited
to, any bid or contract for goods or services to be provided to any public entity or an agency
or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
5. I understand that "convicted" or "conviction" as defined in Section 287.133(1)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without
an adjudication of guilt, in any federal or state trial court of record relating to charges
brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-
jury trial, or entry of a plea of guilty or nolo contendere (also known as “No Contest”).
6. I understand that an "affiliate" as defined in Section 287.133(1)(a), Florida Statutes, means:
(a) A predecessor or successor of a person or a corporation convicted of a public entity
crime; or
(b) An entity under the control of any natural person who is active in the management
of the entity and who has been convicted of a public entity crime. The term
"affiliate" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in the management of an affiliate.
The ownership by one person of shares constituting a controlling interest in another
person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima-facie case that one
person controls another person. A person who knowingly enters into a joint venture
with a person who has been convicted of a public entity crime in Florida during the
preceding 36 months shall be considered an affiliate.
7. I understand that a "person" as defined in Section 287.133(1)(e), Florida Statutes, means
any natural person or any entity organized under the laws of any state or of the United
States with the legal power to enter into a binding agreement and which bids or applies to
bid on contracts let by a public entity, or which otherwise transacts or applies to transact
business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
8. Based on information and belief, the statement which that I have marked below is true in
relation to the entity submitting this sworn statement. (Please indicate which statement
applies):
Neither the entity submitting the sworn statement, nor any officers, directors,
executives, partners, shareholders, employees, members or agents who are active in
management of the entity nor any affiliate of the entity have been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers, directors,
executives, partners, shareholders, employees, members or agents who are active in
management of the entity or an affiliate of the entity has been charged with and convicted
of a public entity crime subsequent to July 1, 1989 and
(Please now indicate which additional statement below applies):
There has been a proceeding concerning the conviction before a hearing
officer of the State of Florida, Division of Administrative Hearings. The final order
entered by the hearing officer did not place the person or affiliate on the convicted
vendor list. (Please attach a copy of the final order)
The person or affiliate was placed on the convicted list. There has been a
subsequent proceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing officer determined
that it was in the public interest to remove the person or affiliate from the convicted
vendor list. (Please attach a copy of the final order)
The person or affiliate has not been placed on the convicted vendor list.
(Please describe any action taken by or pending with the Florida Department of
General Services)
____________________
SIGNATURE (of person whose name Date
first appears above)
STATE OF FLORIDA )
COUNTY OF ___________ )
Sworn to and subscribed before me on __________________________, 20_____, by
____________________________________, as _________________________________ of
______________________________, a ________________ corporation/partnership, on behalf of
the corporation/partnership who (check one) [ ] is personally known to me or [ ] has produced
________________________________ as identification.
Signature of Notary Public
PRINTED Name of Notary
My commission expires:
EXHIBIT “E”
NON-COLLUSION AFFIDAVIT
The undersigned Bidder has not divulged to, discussed, or compared his/her/its Bid with any
other Bidders and has not colluded with any other Bidder or parties to the Bid whatsoever.
Name of City Project: EVENT EQUIPMENT RENTAL
City’s Invitation to Bid No.: 23-016
_______________________________
Name of Bidder
_______________________________ _______________________________
SIGNATURE of Bidder or Authorized PRINT Name of Bidder or Authorized
Agent of Bidder Agent of Bidder
__________________
Title
__________________, 20____.
Date
STATE OF FLORIDA )
) ss:
COUNTY OF ____________ )
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally
appeared ☐ physical presence or ☐ online notarization, on _________________ as _________________, of
___________________, an organization authorized to do business in the State of Florida, and acknowledged and executed
the foregoing statement as the proper official of _______________________ for the use and purposes mentioned in it and
affixed the official seal of the entity, and that the instrument is the act and deed of that entity. He/she is personally known to
me or has produced __________________________ as identification.
.
Signature of Notary Public
PRINTED Name of Notary
My commission expires:
EXHIBIT “F”
INDEPENDENCE AFFIDAVIT
The undersigned individual, being duly sworn, deposes and says that:
I am _______________________________ of _____________________________, the Bidder
that has submitted the attached Bid;
I hereby certify to the best of my knowledge that neither I nor any of those persons residing in my
household have or have had during the past five years, any relationships (professional, financial,
familial or otherwise) with the City (or any of its districts), its elected or appointed officials, its
employees or agents, or any member or alternate member of the Selection Committee.
A “relationship” for the purpose of this affidavit shall include but not be limited to
employer/employee, consultant, contractor, subcontractor, associate, officer, partnership, joint
venture, ownership greater than one percent, landlord/tenant, or creditor/debtor, gift
donor/recipient (in excess of $100.00), past or on-going personal relationships, or joint
involvement with charitable/voluntary activities. Relationship includes having a prior or
current contract with the City.
Except as set forth below, I hereby certify to the best of my knowledge that neither I nor any of
those persons residing in my household have received any promise of compensation, remuneration,
gift, discount, or other gratuity in exchange for my Bid.
I understand and agree that I shall give the City written notice of any other relationships (as defined
above) that I enter into with the City (or any of its districts), its elected or appointed officials, its
employees or agents, or any member or alternate member of the Selection Committee during the
period of the Agreement.
I set forth below any exceptions to the aforementioned (if none, write “None”):
_____________________________________________
Signature (Blue ink only)
_____________________________________________
Print Name
EXHIBIT F – (CONTINUED)
_____________________________________________
Title
_____________________________________________
Date
STATE OF FLORIDA
COUNTY OF
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ☐
physical presence or ☐ online notarization, on _________________ as _________________, of ___________________,
an organization authorized to do business in the State of Florida, and acknowledged and executed the foregoing statement as
the proper official of _______________________ for the use and purposes mentioned in it and affixed the official seal of
the entity, and that the instrument is the act and deed of that entity. He/she is personally known to me or has produced
__________________________ as identification.
Notary Public
PRINT Name of Notary Public
My commission expires:
EXHIBIT “G”
REFERENCES
Bidder shall provide a minimum of three references for which the bidder has provided
services within the past five (5) years.
Name of company:
Address:
Telephone number:
Email address:
Principal contact person(s):
Year contract initiated and terminated:
Name of company:
Address:
Telephone number:
Email address:
Principal contact person(s):
Year contract initiated and terminated:
Name of company:
Address:
Telephone number:
Email address:
Principal contact person(s):
Year contract initiated and terminated: _________________________________________
EXHIBIT “H”
ACKNOWLEDGMENT OF ADDENDA
The Bidder acknowledges the receipt of the following addenda issued by the City and incorporated
into and made part of the ITB or the Agreement. In the event the Bidder fails to include any such
addenda in the table below, submission of this form shall constitute acknowledgment of receipt of
all addenda, whether or not received by the Bidder.
ADDENDUM
NUMBER
DATE
RECEIVED
PRINT NAME
TITLE
SIGNATURE
(BLUE INK ONLY)
EXHIBIT “I”
CERTIFICATION TO ACCURACY OF BID
The Bidder, by executing this form, certifies and attests that all forms, affidavits and documents
related to the document that it has enclosed in the Bid in support of its Bid are true and accurate.
Failure by the Bidder to attest to the truth and accuracy of such forms, affidavits and documents
shall result in the Bid being deemed non-responsive and such Bid will not be considered.
By submitting a Bid to do the work, the Bidder certifies that a careful review of the ITB and the
Agreement has taken place and that the Bidder is fully informed and understands the requirements
of the ITB and the expected Agreement and the quality and quantity of services to be performed.
The undersigned individual, being duly sworn, deposes and says that:
A. He/She is___________________________________________________________ of
_____________________________, the Bidder that has submitted the attached Bid;
B. He/She is fully informed respecting the preparation and contents of the attached Bid
and of all forms, affidavits and documents submitted in support of such Bid;
C. All forms, affidavits and documents submitted in support of this Bid and included in
this Bid are true and accurate;
D. No information that should have been included in such forms, affidavits and documents
has been omitted; and
E. No information that is included in such forms, affidavits or documents is false or
misleading.
EXHIBIT “I”
CERTIFICATION TO ACCURACY OF BID
(continued)
_____________________________________________
Signature (Blue ink only)
_____________________________________________
Print Name
_____________________________________________
Title
_____________________________________________
Date
STATE OF FLORIDA
COUNTY OF ________________
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared ☐ physical presence or ☐ online notarization, on
_________________ as _________________, of ___________________, an organization
authorized to do business in the State of Florida, and acknowledged and executed the foregoing
statement as the proper official of _______________________ for the use and purposes
mentioned in it and affixed the official seal of the entity, and that the instrument is the act and
deed of that entity. He/she is personally known to me or has produced
__________________________ as identification.
Notary Public
PRINT Name of Notary Public
My commission expires:
EXHIBIT “J”
DRUG-FREE WORKPLACE CERTIFICATION FORM
Whenever two (2) or more bids/Bids, which are equal with respect to price, quality, and service, are
received by the CITY OF DANIA BEACH for the procurement of commodities or contractual services,
a bid/Bid received from a business that certifies that it has implemented a drug-free workplace program
shall be given preference in the award process. In order to have a drug -free workplace program, a
business shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of controlled substances is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2. 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.
3. Give each employee engaged in providing the commodities or contractual services that are under
bid a copy of the statement specified in number (1).
4. In the statement specified in number (1), notify the employees that as a condition for working
on the commodities or contractual services that are under bid, the employee will abide by the
terms of the statement and will notify the employer of any conviction on or plea of guilty or no
contest to any violation of Chapter 893, Florida Statutes or of any controlled substance law of
the United States or any singular state, for a violation occurring in the workplace no later than
five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee’s community by any employee who
is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation
of Section 287.087, Florida Statutes.
This Certification is submitted by the
(PRINT Name of Authorized Agent)
of
(Title) (Bidder Name)
who does certify that said Company has implemented a drug-free workplace program, which meets the
requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (6) above.
SIGNATURE DATE
1
AGREEMENT
THIS IS AN AGREEMENT (the “Agreement”) entered into on ______________, 20__,
between the City of Dania Beach, Florida, a Florida municipal corporation, (the “City”) with an
address of 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, and Fiesta Carousel,
Inc., (“Contractor”) a Florida corporation with a mailing address of 991 W. 22nd Street, Hialeah,
Florida 33010, for services related to City Invitation to Bid (“ITB”) No. 23-016 entitled, “Event
Equipment Rental”.
W I T N E S S E T H:
In consideration of the mutual covenants, terms and conditions contained in this
Agreement, and for other good and valuable consideration, the adequacy and receipt of which are
acknowledged, the parties agree as follows:
ARTICLE 1
PREMABLE
In order to establish the background, context and form of reference for this Agreement and to
generally express the objectives, and intentions of the respective parties herein, the following
statements, representations and explanations shall be accepted as predicates for the undertakings and
commitments included within the provisions which follow and may be relied upon by the parties as
essential elements of the mutual considerations upon which this Agreement is based.
1.1 On July 24, 2023, the CITY advertised its notice to bidders of the CITY's desire to hire a
CONTRACTOR to provide Event Equipment Rental Services as more particularly described in
Exhibit "A" attached hereto and by this reference made a part hereof, for the said bid entitled:
ITB NO. 23-016
“EVENT EQUIPMENT RENTAL”
1.2 On August 14, 2023, the bids were opened at Dania Beach City Hall, 100 Dania Beach
Boulevard, Northwest Conference Room.
1.3 On the 26th day of September 2023, the CITY awarded the bid to CONTRACTOR and
approved an agreement with CONTRACTOR consistent with the terms and conditions set forth
herein.
ARTICLE 2
SERVICES AND RESPONSIBILITIES
2.1 CONTRACTOR hereby agrees to provide the services for event equipment rental, as more
particularly described in Exhibit "B" attached hereto and by this reference made a part hereof, in
accordance with the Scope of Services outlined in the Bid, "Event Equipment Rental", attached
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hereto and made a part hereof as Exhibit "A" and CONTRACTOR's response thereto, attached
hereto and made a part hereof as Exhibit "B". CONTRACTOR agrees to do everything required by
this Agreement, the Sealed Bid Package, Addenda to this Agreement, and Commission award
complete with proposal form. In the event of any conflicts between this Agreement, Exhibit A and
Exhibit B, this Agreement shall prevail, followed by Exhibit A.
2.2 CONTRACTOR shall furnish all services, labor, equipment, and materials necessary and as
may be required in the performance of this Agreement, except as otherwise specifically provided for
herein, and all work performed under this Agreement shall be done in a professional manner.
2.3 CONTRACTOR hereby represents to CITY, with full knowledge that CITY is relying upon
these representations when entering into this Agreement with CONTRACTOR, that CONTRACTOR
has the professional expertise, experience and manpower to perform the services to be provided by
CONTRACTOR pursuant to the terms of this Agreement.
2.4 CONTRACTOR assumes professional and technical responsibility for performance of its
services to be provided hereunder in accordance with recognized professional standards of good
engineering practice. If within one year following completion of its services, such services fail to
meet the aforesaid standards, and the CITY promptly advises CONTRACTOR thereof in writing,
CONTRACTOR agrees to re-perform such deficient services without charge to the CITY.
2.5 CONTRACTOR shall not utilize the services of any sub-Contractor without the prior written
approval of CITY.
ARTICLE 3
TERM AND TERMINATION
3.1 The term of this Agreement shall be for three (3) years, commencing on October 1, 2023 and
terminating on September 30, 2026.
3.2 Termination of Agreement for Convenience. It is expressly understood and agreed that the
City may terminate this Agreement at any time for any reason or no reason at all by giving the
CONTRACTOR notice by certified mail, return receipt requested, directed to the principal office
of the CONTRACTOR, thirty (30) days in advance of the termination date. In the event that the
Agreement is terminated pursuant to this provision, the CONTRACTOR shall be entitled to be
compensated for the services rendered from the effective date of execution of the Agr eement up
to the date of receipt of Notice of termination. Such compensation shall be based on the percentage
of work completed, as fairly and reasonably determined by City after conferring with
CONTRACTOR.
3.3 Termination of Agreement for Cause. If City elects to terminate the Agreement for
cause, City will provide CONTRACTOR twenty (20) days’ advance written notice to the
CONTRACTOR. If CONTRACTOR promptly cures the matter giving rise to the cause within
that time, this Agreement shall continue. If not timely cured, the Agreement will stand terminated
and the City will pay CONTRACTOR for work completed less any costs, expenses and damages
incurred by City as a result of such termination. If a court of competent jurisdiction determines
3
that the termination was not authorized under the circumstances then the termination shall be
deemed to be a termination for convenience.
ARTICLE 4
COMPENSATION AND METHOD OF PAYMENT
Payment for Services. City agrees to pay CONTRACTOR a fee or fees as determined based upon
the scope of work identified by the City to provide services related to the specified project. There
will be a not-to-exceed amount of One Hundred Fifty Thousand Dollars ($150,000.00) per year
for the term of this Agreement. No travel and meal costs will be reimbursable. Prior to seeking
any services outside of CONTRACTOR’s scope and pricing as identified in Exhibit “A”, as “Costs
not included with proposal”, CONTRACTOR shall adhere to the foregoing:
4.1. Any necessary additional work, as determined by City, which is not covered by the
scope of service, shall not be undertaken without a written amendment to authorizing a Work Order
executed by both parties in advance of any new or additional work.
4.2. CONTRACTOR shall submit its invoices in the format and with supporting
documentation as may be required by City.
4.3. The City shall pay CONTRACTOR monthly for services rendered within thirty
(30) calendar days from date of approval of each of CONTRACTOR’s invoices by the City
Manager, up to the maximum amount of the proposal contained in Exhibit A. If any errors or
omissions are discovered in any invoice, City will inform CONTRACTOR and request revised
copies of all such documents. If any disagreement arises as to payment of any portion of an
invoice, City agrees to pay all undisputed portions and the parties agree to cooperate by promptly
conferring to resolve the disputed portion.
4.4. Any invoice which is not timely paid as prescribed above will be subject to the
accrual of interest at the statutory rate prescribed by applicable Florida law.
ARTICLE 5
CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK
5.1 CITY or CONTRACTOR may request changes that would increase, decrease, or otherwise
modify the Scope of Services, as described in Exhibit "A," to be provided under this Agreement as
described in Article 2 of this Agreement. These changes will affect the monthly compensation
accordingly. Such changes or additional services must be in accordance with the provisions of the
Code of Ordinances of the CITY, and must be contained in a written amendment, executed by the
parties hereto, with the same formality, equality and dignity herewith prior to any deviation from the
terms of this Agreement, including the initiation of any additional or extra work.
5.2 In no event will the CONTRACTOR be compensated for any work which has not been
described in a separate written agreement executed by the parties hereto.
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ARTICLE 6
INDEMNIFICATION
The CONTRACTOR shall, in addition to any other obligation, to indemnify the Owner and to the
fullest extent permitted by law, indemnify and hold harmless the Owner, including its employees
from and against claims, actions, liabilities, losses (including economic losses), or costs arising
out of any actual or alleged:
6.1 bodily injury, sickness, disease or death, or injury to or destruction of tangible
property including the loss of use resulting from, or any other damage or loss arising out of or
resulting or claimed to have resulted in whole or in part from any actual or alleged negligent act,
error or omission of the CONTRACTOR or its subcontractors, anyone directly or indirectly
employed by any of them, or anyone for whose acts any of them may be liable in the performance
of the work;
6.2 violation of law, statute, ordinance, governmental administrative order, rule,
regulation, or infringement of patent, copyright or trademark rights by CONTRACTOR or its
subcontractors in the performance of the work;
6.3 liens, claims, actions made by the CONTRACTOR or its subcontractors or other
party performing the work;
6.4 claims related to collection practices or any actions of a contradictory nature
pursuant to Contract or in an attempt to collect monies due or claimed to be due to the Owner.
6.5 The parties recognize that various provisions of this Agreement, including but not
necessarily limited to this Section, provide for indemnification by the CONTRACTOR and that
Florida Statutes §725.06 requires a specific consideration be given therefor. 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 parties 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 party's responsibility to indemnify.
ARTICLE 7
INSURANCE
7.1 Insurance Required Before Commencement of Work: The Contractor shall not
commence Work under the Agreement until Contractor has obtained all insurance required under
this Section, and not until such time that the coverages are approved by the Risk Manager of the
City. The Contractor shall not allow any employee of Contractor or any Subcontractor to
commence Work on any subcontract until the Subcontractor and all Coverages required of any
Subcontractor have been obtained and approved by the Risk Manager of the City. In addition,
Contractor shall be responsible for any and all policy deductibles and self-insured retentions.
5
7.2 Insurance Requirements: Coverages shall be in force until all Work required to be
performed under the terms of the Agreement, including any applicable warranty period, is
satisfactorily completed as evidenced by the formal written acceptance by the City. In the event
insurance certificates provided to City indicate that the insurance shall terminate and lapse during
the period of the Agreement, including any applicable warranty period, then in that event, the
Contractor shall furnish, at least thirty (30) days prior to the expiration of the date of such
insurance, a renewed Certificate of Insurance as proof that equal and like coverages for the balance
of the period of the Agreement, including any extension of it, and including any applicable
warranty period, is in effect. THE CONTRACTOR AND ANY SUBCONTRACTOR SHALL
NOT PERFORM OR CONTINUE WORK PURSUANT TO THE AGREEMENT, UNLESS
ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT. ANY DELAY IN THE
WORK CAUSED BY A LAPSE IN COVERAGE SHALL BE NON-EXCUSABLE, SHALL
NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE SUBJECT TO ANY
OTHER APPLICABLE PROVISIONS DESCRIBED IN THE AGREEMENT OR
ELSEWHERE IN THE BID DOCUMENTS CONCERNING CONTRACTOR DELAY.
7.3 Required Minimum Coverages: The below coverages are minimum limit
requirements. Umbrella or Excess Liability policies are acceptable to provide the total required
liability limits, as long as the Risk Manager of the City reviews and approves in writing the
insurance limits on each of the policies. The City must approve any changes to these specifications
and has the right to review and amend coverage requirements. The CONTRACTOR shall be held
responsible for any modifications, deviations, or omissions in these insurance requirements.
CONTRACTOR shall be responsible for any deductible amounts.
7.4 GENERAL LIABILITY INSURANCE is to include bodily injury, broad form property
damage, products/completed operations, blanket contractual liability, and personal/advertising
injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence, and Two
Million Dollars ($2,000,000.00) annual aggregate.
7.5 SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE (to be
confirmed on or attached to the Official Certificate of Insurance):
a. Annual Aggregate shall apply “Per Job”;
b. “The City of Dania Beach, Florida” is added as a named “Additional Insured”;
c. Additional Insured status is included for Products completed operations coverage for a
period of no less than five (5) years following the completion of the Work or Project;
d. Additional insured coverage shall be no more restrictive than Insurance Services Office
(ISO) form CG 2037 (07 04);
e. Contractor’s insurance shall be primary and non-contributory;
f. Waiver of Subrogation in favor of the City;
g. 30 Days’ Notice of Cancellation or modification to City (if not available on the
insurance policies, then Contractor has responsibility for notification); and
h. Copy of Additional Insured Endorsement or other endorsements may be attached to the
Certificate.
6
7.6 WORKERS’ COMPENSATION INSURANCE must be provided for all persons
fulfilling this agreement whether employed, contracted, temporary, or subcontracted for the life of
the agreement, including any applicable warranty period(s), and it is to apply to all “statutory
employees” of Contractor (as that phrase is defined by Chapter 440, Florida Statutes), in
compliance with the “Workers’ Compensation Law" of the State of Florida and all applicable
federal laws, for the benefit of the Contractor, its employees, and Subcontractors.
7.7 In the case any work is sublet as otherwise addressed in the Agreement or Bid Documents,
the Contractor shall require any Subcontractors similarly to provide Workers’ Compensation
Insurance for all of the latter’s employees, in addition to any coverage afforded by the Contractor,
by furnishing Statutory Limits Part A, and no less than One Million Dollars ($1,000,000.00)
Employers’ Liability Limits Part B.
7.8 IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN
THE PROSECUTION OF THE WORK, THE FOLLOWING:
A) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR
EMPLOYEE WHO IS EXEMPTED OR PURPORTED TO BE EXEMPT
FROM WORKERS’ COMPENSATION INSURANCE COVERAGE; OR
B) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR
EMPLOYEES WHO WILL BE COVERED BY AN EMPLOYEE
LEASING ARRANGEMENT.
7.9 SPECIAL PROVISIONS AS TO WORKERS’ COMPENSATION INSURANCE (to
be confirmed on or attached to the Official Certificate of Insurance) :
A) 30 Days’ Notice of Cancellation or Modification to City (if not available on the
insurance policies, then Contractor has responsibility for notification); and
B) Waiver of Subrogation.
7.10 AUTOMOBILE LIABILITY INSURANCE shall be maintained with combined single
limits of no less than One Million Dollars ($1,000,000.00), to include coverage for owned, hired,
and non-owned vehicles.
7.11 SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE (to be
confirmed on or attached to the Official Certificate of Insurance):
a) “The City of Dania Beach” is added as a named “Additional Insured”;
b) 30 Days’ Notice of Cancellation or modification to City (if not available on the
insurance policies, then Contractor has responsibility for notification); and
c) Waiver of Subrogation.
7.12 Proof of Insurance: The following are requirements that must be met regarding the
Bidder’s delivery of Certificates of Insurance for all coverages required in the Agreement and Bid
Documents:
7
7.12.1 “Official” Certificates of Insurance must be delivered to the City Clerk’s office and
Risk Manager of the City. If the “Official” certificates are not delivered before or on the fourteenth
(14th) Business Day after the issuance by the City of the “Notice of Intent to Award”, then the City
has the right to consider the awarded Agreement to the successful Bidder as void and to negotiate
a contract with the next lowest responsive and responsible Bidder. “Special Provisions”, as
referenced below under each type of insurance requirement shall be fully confirmed on or attached
to the “Official” certificates.
7.12.2 All Certificates of Insurance must clearly identify the contract to which they
pertain, including a brief description of the subject matter of the contract. The certificates shall
contain a provision that coverage afforded under the policies will not be canceled until at least
thirty (30) days’ prior written notice has been given to City. If this coverage is not provided, then
Contractor is responsible for such notice to City. Insurance policies for required coverages shall
be issued by companies authorized to do business under the laws of the State of Florida and any
such companies’ financial ratings must be no less than A-VII in the latest edition of the “BEST’S
KEY RATING GUIDE”, published by A.M. Best Guide. In the event that the insurance carrier’s
rating shall drop, the insurance carrier shall immediately notify the City in writing.
ARTICLE 8
INDEPENDENT CONTRACTOR
8.1 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 all purposes, including but not limited to, the application
of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance
Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the
Internal Revenue Code, the State Workers' Compensation Act, and the State unemployment insurance
law. The CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out 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, H.U.D., 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 has 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.
ARTICLE 9
GOVERNING LAW, VENUE, FEES
9.1 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 shall be in Broward County,
Florida.
8
9.2 All claims, counterclaims, disputes and other matters in question between City and
CONTRACTOR arising out of, relating to or pertaining to this Agreement, or the breach of it, or
the services of it, or the standard of performance required in it, shall be addressed by resort to non -
binding mediation as authorized under the laws and rules of Florida; provided, however, that in
the event of any dispute between the parties, the parties agree to first negotiate with each other for
a resolution of the matter or matters in dispute and, upon failure of such negotiations to resolve the
dispute, the parties shall resort to mediation.
9.3 If mediation is unsuccessful, any such matter may be determined by litigation in a
court of competent jurisdiction for any legal action arising out of or pertaining to this Agreement
shall be the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County, Florida,
or the federal District Court in the Southern District of the United States. Each party further agrees
that venue of any action to enforce this Agreement shall be in Broward County, Florida. In any
litigation, the parties agree to each waive any trial by jury of any and all issues. In the event of
any litigation which arises out of, pertains to, or relates to this Agreement, or the breach of it, or
the standard of performance required in it, the prevailing party shall be entitled to recover
reasonable attorney fees from the non-prevailing party.
9.4 Operations During Dispute. In the event that a dispute, if any, arises between the
City and the CONTRACTOR relating to this Agreement, or its performance or compensation, the
CONTRACTOR agrees to continue to render service in full compliance with all terms and
conditions of this Agreement as required by the City.
ARTICLE 10
PUBLIC RECORDS
10.1 CONTRACTOR shall maintain books, records, documents and other evidence
directly pertinent to performance of work under this Agreement in accordance with generally
accepted accounting principles and practices. The CONTRACTOR shall also maintain the
financial information and data used by the CONTRACTOR in the preparation of support of any
claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to such
books, records, documents and other evidence for inspection, audit and copying during normal
business hours. The CONTRACTOR will provide proper facilities for such access and inspection.
Audits conducted under this section shall observe generally accepted auditing standards and
established procedures and guidelines of the City. The Florida Public Records Act, Chapter 119
of the Florida Statutes, may have application to records or documents pertaining to this Agreement
and CONTRACTOR acknowledges that such laws have possible application and agrees to comply
with all such laws.
10.2 Upon request from the City custodian of public records, CONTRACTOR shall
provide the City with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida
Statutes, or as otherwise provided by law.
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10.3 Unless otherwise provided by law, any and all records, including but not limited to
reports, surveys, and other data and documents provided or created in connection with this
Agreement are and shall remain the property of the City.
10.4 Upon completion of this Agreement or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the CONTRACTOR shall
be delivered by the CONTRACTOR to the City Manager, at no cost to the City, within seven (7)
days. All such records stored electronically by CONTRACTOR shall be delivered to the City in
a format that is compatible with the City’s information technology systems. Once the public
records have been delivered upon completion or termination of this Agreement, the
CONTRACTOR shall destroy any and all duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements.
10.5 Any compensation due to CONTRACTOR shall be withheld until all records are
received as provided in this Agreement.
10.6 CONTRACTOR’s failure or refusal to comply with the provisions of this section
shall result in the immediate termination of this Agreement by the City.
Section 119.0701(2)(a), Florida Statutes
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.
Custodian of Records: ELORA RIERA, CITY CLERK
Mailing Address: 100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
Telephone number: 954-924-9800, Ext. 3623
Email: eriera@daniabeachfl.gov
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ARTICLE 11
NOTICES
11. Notices. Except as provided above, whenever either party desires to give notice to
the other, it must be given by written notice, sent by certified U.S. mail, with return receipt
requested, addressed to the party for whom it is intended, at the place last specified and the place
for giving of notice in compliance with the provisions of this paragraph. For the present, the parties
designate the following as the respective persons and places for giving of notice:
City: Ana M. Garcia, ICMA-CM, City Manager
City of Dania Beach, Florida
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
With a copy to: Eve A. Boutsis, City Attorney
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Contractor: Fiesta Carousel, Inc.
991 W. 22nd Street
Hialeah, Florida 33010
ARTICLE 12
SCRUTINIZED COMPANIES -- 287.135 AND 215.473
SCRUTINIZED COMPANIES. CONTRACTOR certifies that it and any of its affiliates are not
scrutinized companies as identified in Section 287.135, F.S. In addition, CONTRACTOR agrees to
observe the requirements of Section 287.135, F.S., for applicable sub-agreements entered into for the
performance of work under this Agreement. Pursuant to Section 287.135, F.S., the CITY may
immediately terminate this Agreement for cause if the CONTRACTOR, its affiliates, or its
subcontractors are found to have submitted a false certification; or if the CONTRACTOR, its
affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in
prohibited contracting activity during the term of the Agreement. As provided in Subsection
287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall
become inoperative.
ARTICLE 13
E-VERIFY
A. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes,
effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to
verify the work authorization status of all newly hired employees. Contractor shall register for and
utilize the U.S. Department of Homeland Security’s E-Verify System to verify the employment
eligibility of:
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(i) All persons employed by a Contractor to perform employment duties within Florida during
the term of the contract; and
(ii) All persons (including sub vendors/consultants/subcontractors) assigned by Contractor to
perform work pursuant to the contract with the City of Dania Beach. The Contractor acknowledges
and agrees that registration and use of the U.S. Department of Homeland Security’s E-Verify
System during the term of the contract is a condition of the contract with the City of Dania Beach;
and
(iii) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat.,
"Employment Eligibility," as amended from time to time. This includes but is not limited to
registration and utilization of the E-Verify System to verify the work authorization status of all
newly hired employees. CONTRACTOR shall also require all subcontractors to provide an
affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an
unauthorized alien. The CONTRACTOR shall maintain a copy of such affidavit for the duration
of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor
knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to
termination under this provision must be filed in the Circuit Court no later than twenty (20)
calendar days after the date of termination. Termination of this Contract under this Section is not
a breach of contract and may not be considered as such. If this contract is terminated for a violation
of the statute by the CONTRACTOR, the CONTRACTOR may not be awarded a public contract
for a period of one (1) year after the date of termination.
ARTICLE 14
SOVEREIGN IMMUNITY
14.1 CONTRACTOR acknowledges that the Florida Doctrine on Sovereign Immunity
bars all claims by CONTRACTOR against the CONTRACTOR other than claims arising out of
this Agreement. Specifically, the CONTRACTOR acknowledges that it cannot and will not assert
any claims against the CONTRACTOR, unless the claim is based upon a breach by the
CONTRACTOR of this Agreement. Further, the CONTRACTOR recognizes the CONTRACTOR
is a sovereign with regulatory authority that it exercises for the health, safety, and welfare of the
public. This Agreement in no way estops or affects the CONTRACTOR' s exercise of that
regulatory authority. In addition, the CONTRACTOR retains the full extent of its sovereign
immunity in relation to the exercise of its regulatory authority. The CONTRACTOR acknowledges
that it has no right and will not make claim based upon any of the following:
a. Claims based upon any alleged breach by the CONTRACTOR of implied warranties
or representations not specifically set forth in this Agreement, as the parties stipulate that there are
no such implied warranties or representations of the CONTRACTOR. All obligations of the
CONTRACTOR are only as set forth in this Agreement;
b. Claims based upon negligence or any tort arising out of this Agreement;
c. Claims upon alleged acts or inaction by the City, its commissioners, attorneys,
administrators, Consultants, agents, or any CONTRACTOR employee; and
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d. Claims based upon an alleged waiver of any of the terms of this Agreement unless such
waiver is in writing and signed by an authorized representative for the CONTRACTOR and the
CITY.
ARTICLE 15
MISCELLANEOUS
15.1 Ownership of Documents. Reports, surveys, plans, studies and other data provided
in connection with this Agreement are and shall remain the property of CITY whether or not the
project for which they are made is completed. City hereby agrees to use CONTRACTOR’s work
product for its intended purposes.
15.2 Records. he Consultant shall maintain accurate and complete financial records of
its activities and operations relating to this Agreement in accordance with generally accepted
accounting principles. Consultant shall maintain adequate records to justify all charges and costs
incurred in performing the services for at least three (3) years after completion of this Agreement.
Consultant agrees that Consultant, or its authorized representatives, shall have access to and the
right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or records
relating to this Agreement during normal business hours. All such materials shall be maintained
by Consultant at a location in Broward County, Florida; provided that if any such material is
located outside Broward County, then, at Consultant’s option Consultant shall pay Consultant for
travel, per diem, and other costs incurred by Consultant to examine, audit, excerpt, copy or
transcribe such material at such other location. Consultant shall make a reasonable effort to
maintain the confidentiality of such audit report( s).
15.3 Assignments; Amendments. This Agreement, and any interests herein, shall not be
assigned, transferred or otherwise encumbered, under any circumstances, by CONTRACTOR
without the prior written consent of CITY. For purposes of this Agreement, any change of ownership
of CONTRACTOR shall constitute an assignment which requires CITY approval. However, this
Agreement shall run to the benefit of CITY and its successors and assigns.
It is further agreed that no modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
15.4 No Contingent Fees. CONTRACTOR warrants that it has not employed or retained
any company or person, other than a bona fide employee working solely for CONTRACTOR to
solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for CONTRACTOR
any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the
award or making of this Agreement. For the breach or violation of this provision, CITY shall have
the right to terminate the Agreement without liability at its discretion, to deduct from the contract
price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration.
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15.6 Binding Authority. Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this Agreement on behalf of the
party for whom he or she is signing, and to bind and obligate such party with respect to all provisions
contained in this Agreement.
15.7 Headings. Headings herein are for convenience of reference only and shall not be
considered in any interpretation of this Agreement.
15.8 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this
Agreement. The exhibits if not physically attached should be treated as part of this Agreement and
are incorporated herein by reference.
15.9 Severability. If any provision of this Agreement or application thereof to any person
or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement,
and the application of such provisions to persons or situations other than those as to which it shall
have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force
and effect, and be enforced to the fullest extent permitted by law.
15.10 Extent of Agreement. This Agreement represents the entire and integrated agreement
between the CITY and the CONTRACTOR and supersedes all prior negotiations, representations or
agreements, either written or oral.
15.11 Legal Representation. It is acknowledged that each party was represented by
counsel in the preparation of and contributed equally to the terms and conditions of this Agreement
and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same
shall not apply herein due to the joint contributions of both parties.
15.12 Counterparts and Execution. This Agreement may be executed in multiple
originals or counterparts, each of which shall be deemed to be an original and together shall constitute
one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally
binding, valid and effective upon delivery of the executed documents to the other party through
facsimile transmission, email, or other electronic delivery.
15.13 Safety. The CONTRACTOR shall be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Project Work. The
CONTRACTOR shall comply with the rules and regulations of the Florida Department of
Commerce regarding industrial safety (Florida Statutes, Section 440.56) and with the standards set
forth in the federal Occupational Safety and Health Act of 1970 (OSHA), and its amendments.
The CONTRACTOR certifies that all materials and equipment to be supplied for the
Project will meet all federal and state requirements, including but not limited to, the Occupational
Safety and Health Act (OSHA).
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15.14 Warranty. The Contractor shall warrant to the City that materials and
equipment furnished under the agreement will be of good quality and new unless otherwise
required or permitted by the Contract Documents; that the Work will be free from defects, and that
the Work will conform to the terms and conditions of the agreement. Work not conforming to
those terms and conditions, including substitutions not properly approved and authorized may be
considered defective. The Contractor's warranty may exclude damage or defect caused by abuse,
modifications not executed by the Contractor, improper or insufficient City maintenance, improper
operation, or normal wear and tear under normal usage. The Contractor shall furnish satisfactory
evidence as to the kind and quality of materials and equipment. All manufacturers’ product
warranties shall be registered in the City’s name and for its sole benefit.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first above written.
CITY:
ATTEST: CITY OF DANIA BEACH, FLORIDA
a Florida Municipal Corporation
ELORA RIERA, MMC ARCHIBALD J. RYAN IV
CITY CLERK MAYOR
ANA M. GARCIA, ICMA-CM
CITY MANAGER
Dated: _____________, 2023
APPROVED FOR FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
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CONTRACTOR:
Fiesta Carousel, Inc.
a Florida corporation
WITNESSES:
SIGNATURE SIGNATURE
PRINT Name PRINT Name
SIGNATURE Title
PRINT Name
STATE OF FLORIDA
COUNTY OF ____________________________
The foregoing instrument was acknowledged before me by means of ☐ physical presence
or ☐ online notarization, on ______ , 2023, by ________________________,
as __________________________ of Fiesta Carousel, Inc., a Florida corporation. He/She is
personally known to me or has produced ____________ as
identification.
NOTARY PUBLIC
My Commission Expires: State of Florida
1
CITY OF DANIA BEACH, FLORIDA
EVENT EQUIPMENT RENTAL
CITY INVITATION TO BID (“ITB.”) NO. 23-016
Prepared by:
City of Dania Beach, Florida
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
JULY, 2023
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TABLE OF CONTENTS
NOTICE TO BIDDERS
PROJECT DOCUMENTS
MANDATORY PRE-BID CONFERENCE
BID DOCUMENTS
LIST OF DRAWINGS
SECTION 1 INTRODUCTION AND INFORMATION
SECTION 2 NO BIDS
SECTION 3 CAUSES FOR REJECTION OF A BID
SECTION 4 INTERPRETATION AND CLARIFICATION OF BIDDING DOCUMENTS
SECTION 5 GENERAL CONDITIONS
SECTION 6 SPECIAL CONDITIONS
SECTION 7 PUBLIC ENTITY CRIMES STATEMENT
SECTION 8 PRICES, TERMS ARE TO BE FIRM
SECTION 9 BID SECURITY
SECTION 10 PROTECTION OF PROPERTY
SECTION 11 SITE RESTORATION
SECTION 12 INSTRUCTIONS TO BIDDERS
SECTION 13 RETENTION OF RECORDS AND RIGHT TO ACCESS CLAUSE
SECTION 14 NON-COLLUSION STATEMENT
SECTION 15 FLORIDA TRENCH SAFETY ACT
SECTION 16 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS
SECTION 17 PUBLIC RECORDS
SECTION 18 SUCCESSORS AND ASSIGNS
SECTION 19 QUALIFICATION OF BIDDERS
SECTION 20 CONTRACTOR'S RELATION TO THE CITY
SECTION 21 EMPLOYEES OF THE CONTRACTOR
SECTION 22 AVAILABILITY OF FUNDS
SECTION 23 LICENSES, PERMITS AND FEES
SECTION 24 TERMINATION OF AGREEMENT
SECTION 25 TERMINATION OF AGREEMENT FOR CAUSE
SECTION 26 INDEMNIFICATION AND HOLD HARMLESS PROVISIONS
SECTION 27 INSURANCE REQUIREMENTS
SECTION 28 SAFETY
SECTION 29 WARRANTY
SECTION 30 RESPONSIBLE BIDDER
SECTION 31 CONTRACTOR'S FINANCIAL/EXPERIENCE RECORD
SECTION 32 BILLING PROCEDURE
SECTION 33 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR
IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING
SECTION 34 BID PROTEST PROCEDURE
SECTION 35 LITIGATION
SECTION 36 CONTRACT AWARD AND EXECUTION
SECTION 37 CONE OF SILENCE
SECTION 38 ADDITIONAL GENERAL CONDITIONS
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EXHIBIT “A” BIDDER QUALIFICATIONS
EXHIBIT “B” BID FORM
EXHIBIT “C” BIDDER’S QUESTIONNAIRE
EXHIBIT “D” SWORN STATEMENT UNDER SECTION §287.133(3)(a), F.S., FLORIDA
STATUTES ON PUBLIC ENTITY CRIMES
EXHIBIT “E” NON-COLLUSION AFFIDAVIT
EXHIBIT “F” INDEPENDENCE AFFIDAVIT
EXHIBIT “G” REFERENCES
EXHIBIT “H” ACKNOWLEDGMENT OF ADDENDA
EXHIBIT “I” CERTIFICATION TO ACCURACY OF BID
EXHIBIT “J” DRUG-FREE WORKPLACE CERTIFICATION
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CITY OF DANIA BEACH, FLORIDA
INVITATION TO BID FOR
“EVENT EQUIPMENT RENTAL”
ITB 23-016
NOTICE TO BIDDERS
NOTICE IS GIVEN that the City of Dania Beach, Florida (the “City” or “Owner”) will be
accepting sealed Bids for its “EVENT EQUIPMENT RENTAL, ITB 23-016”.
Bids will be accepted on DemandStar until August 14, 2023 at 1:00 PM. Bids received after this
time will be rejected.
All submissions will remain confidential and exempt from public record disclosure requirements
until the response opening is conducted.
PROJECT DOCUMENTS
Documents may be obtained from www.demandstar.com or from the City Website at
www.daniabeachfl.gov.
MANDATORY PRE-BID CONFERENCE
A pre-bid conference will not be held.
BID DOCUMENTS
Bids must be submitted electronically on DemandStar, the City’s designated electronic bidding
system. All bid document files must be clearly labeled “EVENT EQUIPMENT RENTAL, ITB
23-016”.
All bid prices shall be guaranteed firm for a minimum of one hundred twenty (120) calendar days
after the submission of the bid. No bidder may withdraw a bid within ninety (90) calendar days
after the bid opening date.
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Pursuant to Florida law, all Bids are exempt public records until thirty (30) days after opening, or
award of bid, whichever is sooner. In the event presentations are necessary, all non-presenting
bidders will be required to exit the room during the presentations of each of the other bidders as
portions of selection committee meetings at which presentations are made are exempt from
Florida’s public meeting laws.
Bids will be publicly opened and read aloud immediately after the submission deadline on the Bid
due date referenced above using Zoom meeting software, in the presence of the City Clerk or
designee on the above stated date. Award of a contract will be made at a subsequent City
Commission meeting.
All bidders are advised that the City has not authorized the use of the City seal by individuals or
entities responding to City bids. Bidders shall demonstrate successful performance of projects of
a similar magnitude, scope and value as this project.
The City Commission of the City of Dania Beach reserves the right to reject any and all bids, to
waive any informality in a bid and to make an award in the best interests of the City, as Owner.
CITY OF DANIA BEACH, FLORIDA
Published on: July 26, 2023
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SECTION 1 - INTRODUCTION AND INFORMATION
1.1 SCOPE
1.1.1 The City of Dania Beach, Florida (the “City” or “Owner”), is actively seeking bids
from qualified Contractors (the “Contractor”), for “EVENT EQUIPMENT RENTAL, ITB 23-
016”. The City is seeking a qualified individuals or firms to provide special event equipment on
an as needed basis for City-hosted special events and festivals throughout the year. The City is
seeking a cost per hour for rental items which include but are not limited to: Tents, Tables, Linen,
Chairs, Lighting, Fencing, Bars, Fans, Pipe and Drape, Portable Stage Units and other equipment
as outlined in Exhibit B.
The Contractor shall be required to furnish and fully install and set-up the special events
equipment listed in Exhibit B in a timely manner with the adequate amount of personnel to
complete the set-up at the time required by the City. The Contractor shall also ensure that no
person that has been convicted of a felony is assigned to a City sponsored event.
The selected vendors will inspect all equipment for compliance prior to the event start. Any
equipment found to be in non-working or otherwise unacceptable condition shall be replaced. Any
unacceptable equipment MUST be replaced in a timely manner before event start.
Contractor shall work with assigned City Staff to coordinate the delivery, set-up, tear-down and
pick-up of the special events equipment.
The City will try its best to give a minimum lead time of seven (7) calendar days to the
Contractor(s) prior to the desired scheduled starting date for any specific assignment and event.
When possible, longer lead times shall be given to the Contractor(s). Services will be required
on weekdays, weekends and holidays.
Tents and Canopies: All tents and canopies shall be clean and in good condition, free of stains,
rips and worn areas. Tents must include tent flags. All tents and canopies must meet all applicable
permitting requirements.
Tables and Chairs: All tables and chairs shall be clean, sturdy and in good condition.
All Other Items: All other equipment that may be rented under this Contract shall be supplied in
clean, presentable and working condition, and with any supplies and accessories necessary for
proper operation of the item. Company shall verify audio/visual equipment for any required
compatibility with City systems at the time of Event Order placement.
1.1.2 By submitting a bid, the Bidder acknowledges that he, she, or it is familiar with the
scope of services prior to submitting a bid. Failure of a Bidder to be familiar with the requirements
of the Project Work does not relieve the Contractor of the responsibility for completion of all
required services for the Project.
1.1.3 It shall also be the Bidder's responsibility to visit the proposed Project Site to
become thoroughly familiar with the nature and extent of the Work to be performed and all local
existing site conditions, and to make his or her own estimate of the faciliti es and difficulties
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attending the execution of the Work; no allowance shall be made by the Owner for the Bidder's
failure to do so.
1.1.4 Bids will be considered if submitted by qualified Contractors who or which have
experience, including similar previous work in the provision of the requested services. Contractors
offering full service will receive the highest consideration.
1.1.5 Applicants should include the following items in the submitted Bid:
Letter of Transmittal;
a. Anticipated time line to begin delivery of services;
b. A breakdown of the costs for the delivery of services described above.
c. A list of five (5) similar projects performed in South Florida (see the form to be
used which is included as Exhibit “A”, “Bidder Qualifications”; it is made a part
of and is incorporated into the ITB by this reference) and it includes the following
information:
1) Name of each entity for which the work was performed;
2) Brief description of the scope of work;
3) Amount of initial contract award; and
4) Name of contact person and contact information with the entity who can
knowledgeably discuss your company’s performance.
f. Indication that the Contractor can provide increased levels of service (additional
hours) at the same cost per hour; and
g. Any other information that the Contractor feels is relevant to assist the City in
evaluating Contractor’s qualifications.
h. The City intends to award an agreement to the lowest, responsive, responsible
Bidder for the requested services specified in the ITB, taking into consideration
experience, staffing, equipment, materials, references and past performance. The
City reserves the right to reject any and all bids, to waive any informality in a bid
and to make an award in the best interests of the City. In case of disputes in the
award of the agreement, the decision of the City shall be final and binding on both
parties.
i. If the Bidder to whom or to which an award is made fails to enter into an agreement,
the award may be annulled and the agreement offered to the next most qualified
Bidder or to the Bidder which offered the next lowest, responsive and responsible
bid in the opinion of the City. THE CONTRACTOR AND ANY
SUBCONTRACTOR(S) SHALL NOT COMMENCE WORK ON THE
PROJECT UNTIL AN AGREEMENT HAS BEEN FULLY EXECUTED BY
BOTH PARTIES.
SECTION 2 - NO BIDS
If a Bidder does not intend to bid, please indicate the reason, such as insufficient time to respond,
do not offer product or service, unable to meet specifications, schedule would not permit, or any
other reason. Failure to bid prior to the date and time scheduled for the bid opening may result in
the Bidder being deleted from the City’s bidders’ registration list for the services requested in the
Invitation to Bid.
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SECTION 3 - CAUSES FOR REJECTION OF A BID
3.1 No bid will be considered or accepted that, in the opinion of the City, is informal or
unbalanced, or contains inadequate or unreasonable prices for any items; each item must carry its
own proportion of the cost as nearly as is practicable. However, the City shall be under no
obligation to investigate the correctness of any bid, and the Bidder by signing the bid shall be
deemed to have verified that no errors appear in the bid as submitted. Any alterations, erasures,
interlineations or failures of a bid to contain all items called for in the ITB may result in rejection
of the bid.
3.2 If any Bidder violates any provision in the ITB, such Bidder may be disqualified from
performing the Project Work, or from furnishing the requested services for which the bid was
submitted, and the Bidder may be further disqualified from bidding on any future bids for work,
for goods, or for services for the City.
3.3 The Bidder shall complete the “Bid Form”, which is attached as Exhibit “B”; it is made a
part of and is incorporated into the ITB by this reference.
SECTION 4 - INTERPRETATION AND CLARIFICATION OF BIDDING DOCUMENTS
4.1 All questions requiring interpretation or clarification of the bidding documents shall be
made in writing and shall be delivered to the City (and its Consultant, if applicable) to
procurement@daniabeachfl.gov by 5:00 P.M. on August 7, 2023. Questions received after this
time will not be addressed.
4.2 For information pertaining to this ITB, email the Procurement Administrator at
procurement@daniabeachfl.gov. Such contact shall be for clarification purposes only. Material
changes, if any, to the scope of services or Proposal procedures will be transmitted only by written
addendum.
4.3 Interpretations or modifications of the bidding documents made in any manner other than
Addendum or Addenda issued by the City shall not be binding and shall have no effect.
4.4 The Bidder, prior to submitting a bid, shall ascertain that it has received any Addendum or
Addenda issued by the City for this Project, and that shall be acknowledged in writing by an
authorized representative.
4.5 Costs for those matters not questioned and not addressed in an Addendum or Addenda,
shall be the responsibility of the Bidder, and Bidder shall be responsible to include such costs
within the submitted Bid.
4.6 Bidders shall use the Bid Document Forms furnished in the ITB. Bid Base Amounts
shall be furnished in both words and numerals, and in case of a discrepancy between the two, the
amount written in words shall govern.
4.7 In the event of a mathematical error in the extension of any unit price, or addition of total
price, the unit price shall prevail.
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4.8 Insurance Coverage: Bidders who are responding to the Invitation to Bid (“ITB”) MUST
comply with all of the insurance requirements specified in Section 27 (“Insurance Requirements”)
of the Bid Documents and the Agreement upon award to the successful Bidder.
SECTION 5 - GENERAL CONDITIONS
5.1 Purpose: The purpose of the Invitation to Bid is to establish between the City and the
Contractor an agreement to perform the project work. The successful Bidder shall provide a
Performance Bond for One Hundred Ten percent (110%) of the contract price made payable to the
City of Dania Beach, Florida, within fourteen (14) days of notification of the award of the
agreement. A copy of the Performance Bond form is attached as Exhibit “C”; it is made a part of
and is incorporated into the ITB by this reference.
5.2 Documentation: Bidder shall submit in its bid the following:
a. Evidence that the Bidder is certified and licensed to perform the required services
in the State of Florida. The successful Bidder must be in compliance with all
applicable laws and regulations;
b. A statement stating the number of years the Contractor has been a qualified provider
of the requested services; and
c. A complete Bidder’s Questionnaire form which is attached as Exhibit “E”; it is
made a part of and is incorporated into the ITB by this reference.
5.3 Bidder Expenses: Bidders are solely responsible for their own expenses in preparing and
submitting Bids, and for any meetings, negotiations or discussions with the City or its
representatives and consultants, relating to or arising from this ITB. The City and its
representatives, agents, consultants and advisors shall not be liable to any Bidder for any
claims, whether for costs, expenses, losses or damages, or loss of anticipated profits, or for any
other matter whatsoever, incurred by any Bidder in preparing and submitting a Bid, or
participating in negotiations for a contract, or any other activity related to or arising out of this
ITB.
5.4 No Contract: By submitting a Bid and participating in the process as outlined in this ITB,
Bidders expressly agree that no contract of any kind is formed under or arises from this ITB prior
to the complete signing by both parties of a formal written contract.
5.5 Conflict of Interest: Bidders shall disclose any potential conflicts of interest and existing
business relationships they may have with the City. If requested by the City, a Bidder should
provide all pertinent information regarding ownership of the entity within forty-eight (48) hours
of the City’s request.
5.6 General Conditions: The agreement to be awarded will be subject to the provisions of the
United Sates Constitution, Florida laws, statutes and ordinances of the United States of America,
the State of Florida, Broward County and the City of Dania Beach.
SECTION 6 - SPECIAL CONDITIONS
6.1 Any and all Special Conditions contained in the ITB that may be in variance or conflict
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with the General Conditions shall have precedence over the General Conditions. If no changes or
deletions to General Conditions are made in the Special Conditions, then the General Conditions
shall prevail in their entirety.
6.2 The Notice of Invitation to Bid, Bidder’s Questionnaire, Specifications, Exhibits, Addendum
or Addenda, the legal advertisement of the ITB and any other pertinent documents form a part of
the ITB, and ultimately, the agreement; all of the documents are made a part of and are
incorporated into the ITB and the awarded agreement.
SECTION 7 - PUBLIC ENTITY CRIMES STATEMENT
A person or affiliate who, or which has been placed on the State of Florida convicted vendor list
following a conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a Contractor, supplier,
subcontractor or consultant under an agreement with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017 F.
S. for CATEGORY TWO, which is $35,000.00, for a period of thirty-six (36) months from the
date of being placed on the convicted vendor list. A form to that effect, as mentioned above, must
be submitted by the Bidder. A copy of the Sworn Statement on Public Entities Crimes is attached
as Exhibit “F”; a copy is made a part of and is incorporated into the ITB by this reference.
SECTION 8 – PRICES, TERMS ARE TO BE FIRM
8.1 The Bidder warrants by virtue of its Bid that the prices, terms and conditions contained in
the ITB shall be firm for a period of no less than one hundred twenty (120) calendar days from the
date of the bid opening.
8.2 The bid prices shall include all permit fees, royalties, license fees, taxes and other costs
arising from the use of the materials and equipment in any way involved in the Project Work, as
well as all costs of packaging, transporting and delivery of any materials and equipment to the
designated location within the City, and the site cleanup.
8.3 The City may require the addition or deletion of services from the Contractor if the
requirements and needs of the City change, in City’s sole opinion. This may entail additional
services and additional locations. The Contractor shall provide the City with costs for these
additional services and additional locations or both, based upon the cost structure utilized in
establishing the pricing for listed locations in initially contracted areas. Deletion of locations,
services, or both shall be handled in the same manner as described above. If the costs offered are
not acceptable to the City, the City reserves the right to procure the additional services from one
or more other Contractors.
SECTION 9 - BID SECURITY
9.1 Bid Security: N/A
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SECTION 10 - PROTECTION OF PROPERTY
10.1 The successful Bidder shall at all times guard against damage or loss to City property or
property of other persons, vendors or Contractors and shall be responsible for replacing or
repairing any such damage or loss. The Contractor will be required to report any such damages
immediately to the City’s representative in charge of the Project. The successful Bidder shall
ensure that the area in which the sidewalks are being replaced that pedestrians, and the general
public are not injured nor have access to the area (safety screening) in which work is proceeding.
10.2 The City reserves the right to repair any damages created by the Contractor and to deduct
the appropriate amount from any payment due to the Contractor. In all cases, the decision of the
City is final.
SECTION 11 – SITE RESTORATION
Contractor shall remove all excess material and shall clean up and restore the site to its original
condition or better. All damage, as a result of work under this Contract, done to existing structures,
pavement, driveways, paved areas, curbs and gutters, sidewalks, shrubbery, grass, trees, fences,
walls, utility poles, utility pipe lines, conduits, drains, catch basins, flagstones, rocked graveled or
stabilized areas or driveways, and including all obstructions not specifically named in this
provision, shall be repaired, or replaced, as determined by the City. Site restoration shall be done
in a timely manner.
SECTION 12 - INSTRUCTIONS TO BIDDERS
12.1 Form Documents: The bid and its accompanying statements must be made on the forms
provided in the ITB. The forms must be submitted in good order and with all the blanks completed.
The bid must be signed by a representative of the Bidder duly authorized to do so,
and, in the case the bid is signed by a deputy or subordinate, the principal’s written authority to do
so must accompany the bid.
12.2 Taxes: The City is exempt from any taxes related to the requested services, which may
otherwise be imposed by the state or federal government. This exemption does not transmit to
suppliers in their purchases of goods or services, used in work or goods supplied to the City. The
Contractor shall pay all applicable sales, consumer, use and other similar taxes required by law.
The Contractor is responsible for reviewing the pertinent state statutes involving the sales tax and
complying with all requirements.
SECTION 13 - RETENTION OF RECORDS AND RIGHT TO ACCESS
The successful Bidder shall preserve and make available all financial records, supporting
documents, statistical records, and any other documents pertinent to the agreement for a period of
three (3) years after termination or conclusion of the agreement, or if an audit has been initiated
and audit findings have not been resolved at the end of these three (3) years, the records shall be
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retained by the City until resolution of audit finding.
SECTION 14 - NON-COLLUSION STATEMENT
By submitting a bid, the Bidder affirms that the bid is without previous understanding, agreement,
or connection with any person, business, or corporation and that the bid is in all respects fair, and
made without collusion or fraud. The Non-Collusion Affidavit form must be executed by the
Bidder; a copy of the form is attached as Exhibit “H”; it is made a part of and is incorporated into
the ITB by this reference.
SECTION 15 - FLORIDA TRENCH SAFETY ACT
The Bidder shall include with its Bid, when applicable, all documentation required by the Florida
"Trench Safety Act", Section 553.63, Florida Statutes. The unit prices and total prices presented
in the Bid, and those presented in any subsequent change orders shall include the Bidder's cost for
compliance with the applicable trench safety standards.
SECTION 16 - MINIMUM AND MANDATORY TECHNICAL SPECIF ICATIONS
The technical specifications may include items that are considered minimum, mandatory, or
required. If any Bidder is unable to provide these items, and feels that the technical specifications
are overly restrictive, the Bidder must notify the City of Dania Beach in writing immediately. Such
notification must be received by the City prior to the deadline contained in the ITB, for questions
of a material nature, at least ten (10) calendar days prior to the bid opening date. If no such
notification is received prior to that deadline, the City will consider the technical specifications to
be acceptable to the Bidder.
SECTION 17 - PUBLIC RECORDS
17.1 Bid Submissions Shall Become City Property: All submissions become the property of
the City and will not be returned to the Bidder. The City will hold all submissions in confidence
unless otherwise required by law.
17.2 Contractor’s Obligations: Bidders should be aware the City is a “public body” as defined
in Florida Statutes, Section 119.011(2) and that it is subject to Florida Statutes, Section
119.0701(2) (a), and the related provisions of the Florida Public Records Law. If awarded this
project, the following will apply:
17.2.1 Documents to Be City Property: Unless otherwise provided by law, any and all
records, including but not limited to reports, surveys, and other data and documents provided or
created in connection with the contract are and shall remain the property of the City.
17.2.2 Maintenance of Records: Bidder agrees to keep and maintain public records in
Bidder’s possession or control in connection with Bidder’s performance under the contract. Bidder
additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes.
The records should be maintained for at least five years after completion of work. Bidder shall ensure
that public records that are exempt or confidential and exempt from public records disclosure
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requirements are not disclosed, except as authorized by law, for the duration of the contract, and
following completion of the contract until the records are transferred to the City.
17.2.3 Response to Public Records Requests: Upon request from the City custodian of
public records, Bidder shall provide the City with a copy of the requested records or allow the records
to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by
Chapter 119, Florida Statutes, or as otherwise provided by law.
17.2.4 Delivery of Records: Upon completion of the contract or in the event of termination
by either party, any and all public records relating to the contract in the possession of the Bidder
shall be delivered by the Bidder to the City Manager, at no cost to the City, within seven (7) days.
All such records stored electronically by Bidder shall be delivered to the City in a format that is
compatible with the City’s information technology systems. Once the public records have been
delivered upon completion or termination of the contract, the Bidder shall destroy any and all
duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements.
Any compensation due to Bidder shall be withheld until all records are received as provided in this
ITB.
17.2.5 Failure to Comply: Bidder’s failure or refusal to comply with the provisions of this
section shall result in the immediate termination of the contract by the City.
17.3 Florida Public Records Law: Pursuant to Section 119.0701(2) (a), Florida Statutes:
IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER’S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, THE
BIDDER MUST CONTACT THE CITY CUSTODIAN OF PUBLIC
RECORDS.
Custodian of Records: Elora Riera, City Clerk
Mailing Address: 100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
Telephone number: 954-924-6800, Ext. 3623
Email: eriera@daniabeachfl.gov
SECTION 18 - SUCCESSORS AND ASSIGNS
The City and Contractor, respectively, will bind themselves, their partners, successors, assigns and
legal representatives to the agreement. Neither party to the agreement shall assign or subcontract
it or any portion of it, without the advance written consent of the other.
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SECTION 19 - QUALIFICATION OF BIDDERS
19.1 Bidders’ Qualifications: The Bidder shall complete the Bidders’ Qualifications Form
(Exhibit “A”) attached, along with any other evidence of satisfactory experience and ability to
perform the proposed Work. The failure of Bidder to demonstrate successful performance of
projects of a similar magnitude, scope and value as this project may be deemed to be grounds for
declaring the Bidder to be non-responsible.
19.2 Certified Financial Statement: If requested by the Owner, the Bidder shall submit a
certified financial statement, prepared within thirty (30) days of submission of the bid, indicating
current financial resources, liabilities, capital equipment, and financial history performance.
19.3 Disqualification: A Bidder shall be disqualified and its unopened Bid shall be rejected by
the City for any one or more of the following reasons:
a. Reason to believe that collusion exists among the Bidders.
b. The Bidder is or has been involved directly or indirectly in litigation or arbitration
against the Owner within the past ten (10) years.
c. The Bidder has defaulted on any previous contract with the Owner within the past ten
(10) years or is in arrears on an existing contract.
d. The submittal of more than one Bid from an individual, firm, partnership, corporation
or association under the same or different names. All such parties shall be disqualified.
e. Untimely bids shall be automatically and absolutely disqualified and returned
unopened. Excuses for the untimely submittal shall not be accepted. The time of bid
receipt documented by the City Clerk’s office shall determine the timeliness of the Bid.
19.4 Non-responsible Bidder: A Bidder may be determined by the Owner to be “non-responsible”
once Bids are opened, and a Bid may be rejected for any one or more of (but not limited to) the
following reasons:
a. Determination of a lack of competency as may be revealed by qualification statements,
financial statements, experience records or other information disclosed to Owner by
other sources.
b. The Bidder's uncompleted or pending workload on other projects, which in the
judgment of the Owner may cause detrimental impact on timely completion of the
Work.
c. The appearance of an unbalanced Bid, as determined by the Owner.
d. If the Bidder makes one or more false statements or provides false information in
connection with any portion of the bidding documents.
e. If the Bidder fails to demonstrate successful performance and completion of projects
of a similar magnitude, scope or value as this project.
19.5 Non-responsive Bidder: A Bidder may be deemed to be non-responsive and a Bid may
be rejected for any of, but not limited to, the following reasons:
a. If the Bidder fails to submit a complete Bid, including but not limited to, submitting
evidence of all insurance coverages required by the Bid and the Contract Documents.
b. If the Bidder fails in any way to abide by any of the provisions of the Contract
Documents.
SECTION 20 - CONTRACTOR'S RELATION TO THE CITY- INDEPENDENT
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CONTRACTOR
It is expressly agreed upon and understood that the Contractor will be in all respects an independent
contractor as to the Project Work, and that the Contractor is in no respect an agent or employee of
the City. The agreement will specify the Project Work to be done by the Contractor, but the method
to be employed to accomplish the work shall be the responsibility of the Contractor, unless
otherwise provided in writing in the agreement. Contractor and its employees are not entitled to
any of the benefits that the City provides for City employees.
SECTION 21 - EMPLOYEES OF THE CONTRACTOR
21.1 Contractors shall only designate employees who are sufficiently skilled to provide the
required services specified in the ITB. Any person employed to provide the services who fails,
refuses or neglects to obey the instructions of the City's representative in anything relating to these
services, or who appears to be disorderly, insubordinate, or incompetent shall upon the order of
City's representative, be immediately relieved by the Contractor from the Project Work. Any
interference with, or any abusive or threatening conduct toward any City representative, its
assistants or inspectors by the Contractor, its employees or agents, or any member of the public
shall be grounds for the City to terminate the agreement and re-let the work. The Contractor shall
furnish all labor, materials, supplies and equipment necessary to properly maintain all Project
Work areas in an acceptable and safe condition.
21.2 Contractor agrees that it and its officers shall be held fully responsible, except as otherwise
prohibited by law, for all acts of their employees while in their employ.
SECTION 22 - AVAILABILITY OF FUNDS
The obligations of the City under the awarded agreement will be subject to the availability of
funds.
SECTION 23 - LICENSES, PERMITS, AND FEES
In accordance with the Public Bid Disclosure Act, Section 218.80, Florida Statutes, each
license, permit, or fee a Contractor will have to pay the City before or during the work, items or
services to be provided or the percentage method or unit method of all licenses, permits, and fees
required by the City and payable to the City by virtue of the work, items, or services as part of the
agreement are as follows:
a. Contractor shall have and maintain during the term of the agreement any and all
appropriate City licenses, fees (and business tax receipts, if applicable), which shall be
paid in full in accordance with the City's fee structure for such items. THERE WILL
NOT BE ANY PERCENTAGE REDUCTION OR WAIVING OF CITY
LICENSES, FEES (OR BUSINESS TAX RECEIPTS, IF APPLICABLE).
b. During the performance of the agreement, there may be times when the Contractor will
be required to obtain a permit for such work, or in connection with the items or services.
It is the responsibility of the Contractor to ensure that it has the appropriate permits as
may become necessary during the performance of the work. Any fees related to
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the required permits in connection with the agreement will be the sole responsibility of
the Contractor.
c. Licenses, permits, and fees may be required by Broward County, the state of Florida or
the federal government.
d. City will reimburse permit fee costs related to dewatering and National Pollutant
Discharge Elimination System (NPDES).
SECTION 24 - TERMINATION OF AGREEMENT
If the successful Bidder who or which is awarded the contract fails to provide the services, or
shall in any other manner commit a breach of the agreement and fails to remedy the same within
five (5) calendar days after receipt of written notice from the C ity, the City may terminate the
agreement resulting from the ITB without any further notice to the Contractor. City representatives
will review the construction services periodically to assure that the requirements of the agreement
are being met. If any work is unsatisfactory, the Contractor shall be contacted, and the
discrepancies corrected at no additional cost to the City. If deficiencies are not corrected within
five (5) working days, the City may, at its option, perform the required services or contract to have
them performed and deduct the cost of those services from the agreement cost.
SECTION 25 - TERMINATION OF AGREEMENT FOR CAUSE
If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its
obligations under the agreement, or if the Contractor shall violate any of the provisions of the
agreement, the City may upon written notice to the Contractor, terminate the right of the Contractor
to proceed under the agreement, or as to such part or parts of the agreement for which there has
been a default, and may hold the Contractor liable for any damages caused to the City by reason
of such default and termination. In the event of such default and termination, any completed
services performed by the Contractor under the agreement shall, at the option of the City become
the City's property and the Contractor shall be entitled to receive equitable compensation for any
work completed to the satisfaction of the City. The Contractor, however, shall not be relieved of
liability to the City for damages sustained by the City by reason of any breach of the agreement
by the Contractor, and the City may withhold any payments to the Contractor for the purpose of
set-off until such time as the amount of damages due to the City from the Contractor can be
determined. The City reserves the right to terminate the agreement upon thirty (30) calendar days’
written notice, without cause.
SECTION 26 - INDEMNIFICATION AND HOLD HARMLESS PROVISIONS
26.1 The selected Contractor shall, in addition to any other obligation to indemnify the City and
to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City,
including its agents, elected officials and employees from and against all claims, actions, liabilities,
losses (including economic losses), or costs arising out of any actual or alleged:
a. bodily injury, sickness, disease or death, or injury to or destruction of tangible property,
including the loss of use resulting therefrom, or any other damage or loss arising out of
or resulting or claimed to have resulted in whole or in part from any actual or alleged
act or omission of the Contractor, anyone directly or indirectly employed by any of
17
them, or anyone for whose acts any of them may be liable in the performance of the
work;
b. any violation of law, statute, ordinance, governmental administrative order, rule,
regulation, or infringement of patent rights by Contractor in the performance of the
work;
c. liens, claims, actions made by the Contractor or other party performing the work; and
d. claims of whatsoever nature related to collection practices or any actions of a
contradictory nature pursuant to the Agreement or in an attempt to collect monies due
or claimed to be due to the City.
26.2 Indemnification for Construction Contracts. In the event that the performance of services
under the Contract is deemed to be a “construction contract” pursuant to §725.06, Florida Statutes,
as it may be amended from time to time, the following indemnification shall apply:
To the fullest extent permitted by Chapter 725, Florida Statutes, as it may be
amended, the Contractor agrees to indemnify and hold harmless the Owner, its
officers, employees, and assigns from liabilities, damages, losses, and costs
including, but not limited to reasonable attorney fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful misconduct of the Contractor
and persons employed or utilized by the Contractor in the performance of the
provisions in the Contract Documents.
SECTION 27 - INSURANCE REQUIREMENTS
27.1 Insurance Required Before Commencement of Work: The Contractor shall not
commence Work under the Agreement until Contractor has obtained all insurance required under
this Section, and not until such time that the coverages are approved by the Risk Manager of the
City. The Contractor shall not allow any employee of Contractor or any Subcontractor to
commence Work on any subcontract until the Subcontractor and all Coverages required of any
Subcontractor have been obtained and approved by the Risk Manager of the City. In addition,
Contractor shall be responsible for any and all policy deductibles and self-insured retentions.
27.2 Insurance Requirements: Coverages shall be in force until all Work required to be
performed under the terms of the Agreement, including any applicable warranty period, is
satisfactorily completed as evidenced by the formal written acceptance by the City. In the event
insurance certificates provided to City indicate that the insurance shall terminate and lapse during
the period of the Agreement, including any applicable warranty period, then in that event, the
Contractor shall furnish, at least thirty (30) days prior to the expiration of the date of such
insurance, a renewed Certificate of Insurance as proof that equal and like coverages for the balance
of the period of the Agreement, including any extension of it, and including any applicable
warranty period, is in effect. THE CONTRACTOR AND ANY SUBCONTRACTOR SHALL
NOT PERFORM OR CONTINUE WORK PURSUANT TO THE AGREEMENT, UNLESS
ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT. ANY DELAY IN THE
WORK CAUSED BY A LAPSE IN COVERAGE SHALL BE NON-EXCUSABLE, SHALL
NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE SUBJECT TO ANY
OTHER APPLICABLE PROVISIONS DESCRIBED IN THE AGREEMENT OR
ELSEWHERE IN THE BID DOCUMENTS CONCERNING CONTRACTOR DELAY.
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27.3 Required Minimum Coverages: The below coverages are minimum limit
requirements. Umbrella or Excess Liability policies are acceptable to provide the total required
liability limits, as long as the Risk Manager of the City reviews and approves in writing the
insurance limits on each of the policies. The City must approve any changes to these specifications
and has the right to review and amend coverage requirements. The CONTRACTOR shall be held
responsible for any modifications, deviations, or omissions in these insurance requirements.
CONTRACTOR shall be responsible for any deductible amounts.
27.4 GENERAL LIABILITY INSURANCE is to include bodily injury, broad form property
damage, products/completed operations, blanket contractual liability, and personal/advertising
injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence, and Two
Million Dollars ($2,000,000.00) annual aggregate.
27.5 SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE (to be
confirmed on or attached to the Official Certificate of Insurance):
a. Annual Aggregate shall apply “Per Job”;
b. “The City of Dania Beach, Florida” is added as a named “Additional Insured”;
c. Additional Insured status is included for Products completed operations coverage for a
period of no less than five (5) years following the completion of the Work or Project;
d. Additional insured coverage shall be no more restrictive than Insurance Services Office
(ISO) form CG 2037 (07 04);
e. Contractor’s insurance shall be primary and non-contributory;
f. Waiver of Subrogation in favor of the City;
g. 30 Days’ Notice of Cancellation or modification to City (if not available on the
insurance policies, then Contractor has responsibility for notification); and
h. Copy of Additional Insured Endorsement or other endorsements may be attached to the
Certificate.
27.6 WORKERS’ COMPENSATION INSURANCE must be provided for all persons fulfilling
this agreement whether employed, contracted, temporary, or subcontracted for the life of the
agreement, including any applicable warranty period(s), and it is to apply to all “statutory
employees” of Contractor (as that phrase is defined by Chapter 440, Florida Statutes), in
compliance with the “Workers’ Compensation Law" of the State of Florida and all applicable
federal laws, for the benefit of the Contractor, its employees, and Subcontractors.
27.7 In the case any work is sublet as otherwise addressed in the Agreement or Bid Documents,
the Contractor shall require any Subcontractors similarly to provide Workers’ Compensation
Insurance for all of the latter’s employees, in addition to any coverage afforded by the Contractor,
by furnishing Statutory Limits Part A, and no less than One Million Dollars ($1,000,000.00)
Employers’ Liability Limits Part B.
27.8 IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN
THE PROSECUTION OF THE WORK, THE FOLLOWING:
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A) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR
EMPLOYEE WHO IS EXEMPTED OR PURPORTED TO BE EXEMPT
FROM WORKERS’ COMPENSATION INSURANCE COVERAGE; OR
B) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR
EMPLOYEES WHO WILL BE COVERED BY AN EMPLOYEE
LEASING ARRANGEMENT.
27.9 SPECIAL PROVISIONS AS TO WORKERS’ COMPENSATION INSURANCE (to be
confirmed on or attached to the Official Certificate of Insurance) :
A) 30 Days’ Notice of Cancellation or Modification to City (if not available on the
insurance policies, then Contractor has responsibility for notification); and
B) Waiver of Subrogation.
27.10 AUTOMOBILE LIABILITY INSURANCE shall be maintained with combined single
limits of no less than One Million Dollars ($1,000,000.00), to include coverage for owned, hired,
and non-owned vehicles.
27.11 SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE (to be
confirmed on or attached to the Official Certificate of Insurance):
A) “The City of Dania Beach” is added as a named “Additional Insured”;
B) 30 Days’ Notice of Cancellation or modification to City (if not available on the
insurance policies, then Contractor has responsibility for notification); and
C) Waiver of Subrogation.
27.12 Proof of Insurance: The following are requirements that must be met regarding the
Bidder’s delivery of Certificates of Insurance for all coverages required in the Agreement and Bid
Documents:
27.12.1 “Preliminary” certificate means that certificates of insurance verifying all general
insurance requirements (as noted below) must be included with Bid at submittal on the date and
time of the Bid opening. If the “preliminary” certificates are not included with a Bid submittal,
then the City has the right to consider the submitted Bid as non-responsive on the date and time of
the Bid opening. “Preliminary” Certificates may be issued without documentation of all “Special
Provisions”. However, Contractor does understand that all provisions, including “Special
Provisions” noted below are expected to be fully documented on or attached to the “Official”
Certificates of Insurance as described below.
27.12.2 “Official” Certificates of Insurance must be delivered to the City Clerk’s office
and Risk Manager of the City. If the “Official” certificates are not delivered before or on the
fourteenth (14th) Business Day after the issuance by the City of the “Notice of Intent to Award”,
then the City has the right to consider the awarded Agreement to the successful Bidder as void and
to negotiate a contract with the next lowest responsive and responsible Bidder. “S pecial
Provisions”, as referenced below under each type of insurance requirement shall be fully
confirmed on or attached to the “Official” certificates.
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27.12.3 All Certificates of Insurance must clearly identify the contract to which they
pertain, including a brief description of the subject matter of the contract. The certificates shall
contain a provision that coverage afforded under the policies will not be canceled until at least
thirty (30) days’ prior written notice has been given to City. If this coverage is not provided, then
Contractor is responsible for such notice to City. Insurance policies for required coverages shall
be issued by companies authorized to do business under the laws of the State of Florida and any
such companies’ financial ratings must be no less than A-VII in the latest edition of the “BEST’S
KEY RATING GUIDE”, published by A.M. Best Guide. In the event that the insurance carrier’s
rating shall drop, the insurance carrier shall immediately notify the City in writing.
SECTION 28 – SAFETY
28.1 The successful Bidder shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Project Work. The successful Bidder shall
comply with the rules and regulations of the Florida Department of Commerce regarding industrial
safety (Florida Statutes, Section 440.56) and with the standards set forth in the federal
Occupational Safety and Health Act of 1970 (OSHA), and its amendments.
28.2 Bidder, by submitting a bid, certifies that all materials and equipment to be supplied for
the Project will meet all federal and state requirements, including but not limited to, the
Occupational Safety and Health Act (OSHA).
SECTION 29 - WARRANTY
The Contractor shall warrant to the City that materials and equipment furnished under the
agreement will be of good quality and new unless otherwise required or permitted by the Contract
Documents; that the Work will be free from defects, and that the Work will conform to the terms
and conditions of the agreement. Work not conforming to those terms and conditions, including
substitutions not properly approved and authorized may be considered defective. The Contractor's
warranty may exclude damage or defect caused by abuse, modifications not executed by the
Contractor, improper or insufficient City maintenance, improper operation, or normal wear and
tear under normal usage. The Contractor shall furnish satisfactory evidence as to the kind and
quality of materials and equipment. All manufacturers’ product warranties shall be registered in
the City’s name and for its sole benefit. The warranty shall be for one year after completion of the
work.
SECTION 30 - RESPONSIBLE BIDDER
No bid will be accepted from, nor will any agreement be awarded to, any person or entity who
or which is in arrears to the City of Dania Beach upon any debt or agreement, who or which is in
default as surety or otherwise upon any obligation to the City, who is deemed irresponsible or
unreliable by the City, or who or which has been found guilty or convicted of a Public Entity crime
in any federal or state trial court of record.
SECTION 31 - CONTRACTOR'S FINANCIAL/EXPERIENCE RECORD
The City shall have the right to investigate the financial condition and experience record of the
Bidder, and determine to its satisfaction the competency of the Bidder to undertake the requested
21
services in the ITB.
SECTION 32 - BILLING PROCEDURE
The preferred method for invoices is to send via email to ap@daniabeachfl.gov. A copy may also
be mailed to City Hall.
City of Dania Beach Finance Department
Attn: Accounts Payable
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
with a copy to:
City of Dania Beach Parks and Recreation Department
Attn: Eric Brown
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
The City will pay to the Contractor for the faithful performance of the Contract, in lawful money
of the United States, and subject to adjustments as provided in the Contract Documents, the
amounts equal to the sum of the unit, lump sum price or both established for each separately
identified work item, times the estimated quantity of that item, as indicated in the Schedule of
Prices.
As provided in the Bid, the quantities entered in the Schedule of Prices for each item of work is
an estimate only and the final Contract amount and the total payment made to the Contractor
will be based on the actual number of units of each work item incorporated in the Work of the
Contract. It is understood that the unit prices quoted or established for work items will be used
for computing the amount to be paid to the Contractor, based on the quantities actually
constructed as determined by the applicable measurement and payment portion of the
Specifications.
SECTION 33-PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR
IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING
Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended,
that the City will not request documentation of or consider a Bidder's social, political, or
ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further
notified that the City's governing body may not give preference to a Bidder based on the Bidder's
social, political, or ideological interests.
SECTION 34 - BID PROTEST PROCEDURE
34.1 After a Notice of Intent to Award a contract is posted, any actual or prospective Bidder
claiming to be aggrieved in connection with the pending award of the Contract or any element of
the process leading to the award of the Contract may protest to the City Manager. A protest must
be filed by 5:00 PM on the third (3rd) Business Day after posting at City Hall of the Notice of
22
Award (excluding the day that the Notice is posted) or any right to protest is waived. The protest
must be in writing, must identify the name and address of the protester, and must include a factual
summary of, and the basis for, the protest. Filing shall be considered complete when the protest
and a Bid Protest Bond are timely received by the City Manager’s Office.
34.2 A Bid Protest Bond shall accompany the written protest, to compensate City for the
expenses of administering the protest. If the protest is decided in the protester's favor, the entire
deposit shall be returned to the protester. If the protest is not decided in the protester's favor, the
deposit shall be retained by the City. The deposit shall be in the form of a cashier's check, and
shall be the one percent (1%) of the amount of the pending award to the initial successful Bidder
or five thousand ($5,000.00) dollars, whichever is less.
34.3 The Protest Committee shall have the authority to review, settle, and resolve all protests.
Members of the Protest Committee will be appointed by the City Manager. If the Protest
Committee determines that the pending award of a contract or any element of the process leading
to the award involved a significant violation of law, applicable rule or regulation, all steps
necessary and proper to correct the violation shall be taken. If the Protest Committee determines
that the protest has merit, the City Manager shall direct that all appropriate steps are to be taken to
remedy it.
34.4 In the event of a timely protest, the City Manager shall stay the award of the Contract
unless, after consulting with the City Attorney and a representative from the City’s Department
for which the services are being obtained, the City Manager determines that the award of the
Contract without delay is necessary to protect the substantial interests of the City. The continuation
of the bid award process under these circumstances shall not preempt or otherwise affect the
protest.
SECTION 35 - LITIGATION
35.1 In addition to any other provision of this ITB, the City may, in its absolute discretion,
reject a Bid if the Bidder, or any officer or director of the Bidder submitting the Bid, is or has
been engaged directly or indirectly in legal action against the City, its elected or appointed
officers, representatives or employees in relation to any matter.
35.2 In determining whether or not to reject a Bid under this section, the City will consider
whether the litigation is likely to affect the Bidder’s ability to work with the City, its consultants
and representatives and whether the City’s experience with the Bidder indicates that there is a
risk that the City will incur increased staff and legal costs in the administration of the contract if
it is awarded to the Bidder.
35.3 A contract with the successful Bidder will include the following:
GOVERNING LAW; CONSENT TO JURISDICTION. The law of the State of Florida
shall govern the contract. The contract is not subject to arbitration. THE PARTIES
EXPRESSLY WAIVE ALL RIGHTS TO TRIAL BY JURY FOR ANY DISPUTES
ARISING FROM, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT.
THE PARTIES UNDERSTAND AND AGREE THAT THIS WAIVER IS A
MATERIAL CONTRACT TERM.
23
35.4 All claims, counterclaims, disputes and other matters in question between City and the
Contractor arising out of, relating to or pertaining to the Contract, the breach of it, the services of
it, or the standard of performance required in it, are to be addressed by resort to non-binding
mediation as authorized under the laws and rules of Florida; provided, however, that in the event
of any dispute between the parties, the parties agree to first negotiate with each other for a
resolution of the matter or matters in dispute and, upon failure of such negotiations to resolve the
dispute, the parties shall resort to mediation. If mediation is unsuccessful, any such matter may
be determined by litigation in a court of competent jurisdiction in Broward County, Florida, or
the Federal District Court of the Southern District of Florida and appropriate appellate courts for
such venue and jurisdiction. If City or Contractor incurs any expense in enforcing the terms of
the Contractor, whether suit is brought or not, each party shall bear its own costs and expenses
including, but not limited to, court costs and reasonable attorney fees.
SECTION 36 - CONTRACT AWARD AND EXECUTION
36.1 Bid Opening and Evaluation: The City will publicly open and announce all bids it
receives by total amount in accordance with the terms of the advertisement. The City will verify
all bidders have properly submitted and executed all required bid documents and forms; review all
bids for accuracy; prepare a tabulation of the bids showing the item details and total bid for all
responsible bids; check for conformance of all bids to the engineer's estimate; evaluate unbalanced
bid items; confirm the bid tabulations; and provide a recommendation for award of bid or
recommendation for re-advertisement, if appropriate, to the City Commission.
36.2 Rejection of Bids: The City may reject bids in the following circumstances:
(a) where the low bid differs from the engineer's estimate by an unreasonable amount
(reasonable conformance pursuant to 23 CFR 635.114(c))
(b) where obvious unbalancing of unit prices has occurred, or
(c) where competition is considered to be inadequate relative to the size, type, and location
of the project.
36.3 Prohibition of Negotiations with Contractors or Bidders: Negotiations with contractors
are not permitted during the advertisement, award, or execution period of the contracting process.
36.4 Contract Award and Execution: The City will enter into a contract with the lowest priced
and the most responsive and responsible bidder. The contract term shall be for a period of three
(3) years.
If the City is unable to come to terms with the lowest priced and the most responsive and
responsible bidder, the City shall initiate the award process with the next lower priced most
responsive and responsible bidder, and so on, until a contract is executed.
The City is under no obligation to accept any Bid submitted. The City reserves the right in its sole
discretion to waive informalities in, or, at any time in the process and to reject any or all Bids at
any time.
All costs incurred in the preparation and presentation of any Bid shall be wholly absorbed by the
24
Bidder. All supporting documentation and manuals submitted with any Bid will become the
property of the City of Dania Beach unless otherwise requested by the Bidder at the time of
submission.
SECTION 37 – CONE OF SILENCE
37.1 Cone of Silence: Definitions: “Cone of Silence,” as used in this ITB, means a prohibition
on any communication regarding a particular Request for Proposal (“RFP”), Request for
Qualification (“RFQ”) or Invitation to Bid (“ITB”), between:
a potential vendor, service provider, Bidder, bidder, lobbyist, or consultant, and:
a City Commission member, City’s professional staff including, but not limited to,
the City Manager and her staff, or any member of the City’s Selection Committee.
Restriction; Notice: A Cone of Silence shall be imposed upon this ITB upon the advertisement
of the ITB. At the time of imposition of the Cone of Silence, the City Manager or designee shall
provide for public notice of the Cone of Silence by posting a notice at City Hall. The City
Manager shall issue a written notice as to the Cone of Silence to the affected departments, file a
copy of such notice with the City Clerk, with a copy to each City Commissioner, and shall include
in any public solicitation for goods or services a statement disclosing the requirements of this
section.
Termination of Cone of Silence: The Cone of Silence shall terminate at the beginning of the
City Commission meeting (whether a regular or special meeting) at which the City Manager
makes a written recommendation of award to the City Commission. However, if the City
Commission refers the City Manager’s recommendation back to the City Manager or staff for
further review, the Cone of Silence shall be re-imposed until such time as the City Manager makes
a subsequent written recommendation.
Exceptions to Applicability: The provisions of this section shall not apply to:
a. Oral communications at pre-bid conferences;
b. Oral presentations before the Selection Committee;
c. Public presentations made to the City Commission members during any
duly noticed public meeting;
d. Communications in writing at any time with any City employee, unless
specifically prohibited by the ITB. The Bidder shall file a copy of any
written communication with the City Clerk. The City Clerk shall make
copies available to any person upon request;
e. Communications regarding the ITB between a potential vendor, service
provider, Bidder, lobbyist or consultant and the City’s Procurement and
Contract Services Agent or City employee designated as responsible for
25
administering the procurement process for the ITB, provided the
communication is limited strictly to matters of process or procedure already
contained in the corresponding solicitation document;
f. Communications with the City Attorney and his staff;
g. Duly noticed site visits to determine the competency of a Bidder regarding
the ITB during the time period between the opening of Bids and the time
the City Manager makes a written recommendation;
h. Any emergency procurement of goods or services pursuant to City Code;
i. Responses to the City’s request for clarification or additional information;
j. Contract negotiations during any duly noticed public meeting;
k. Communications to enable City staff to seek and obtain industry comment
or perform market research, provided all related communications between
a potential vendor, service provider, Bidder, lobbyist, or consultant and any
member of the City’s professional staff including, but not limited to, the
City Manager and his staff are in writing or are made at a duly noticed
public meeting.
Penalties: Violation of this section by a particular Bidder shall render any ITB award or contract
to the Bidder voidable by the City Commission or City Manager. Any person who violates a
provision of this section may be prohibited from serving on a City selection or evaluation
committee. In addition to any other penalty provided in this ITB, violation of any provision of
this section by a City employee may subject the employee to disciplinary action.
Please contact the City Attorney for any questions concerning “Cone of Silence” compliance.
26
EXHIBIT “A”
BIDDER QUALIFICATIONS
ITB NO. 23-016
The Bidder, as a result of this Bid, MUST hold a county or municipal business tax receipt in its
area of its fixed business location. The following information MUST be completed and submitted with
the Bid to be considered:
1. Legal Name and Address:
Name: _
Address: _ _
City, State, Zip: _ Telephone/Fax:
2. Specify type of entity Check One: Corporation ( ) Partnership ( ) Individual ( )
Other ( )_________________________________________________SPECIFY
3. If Corporation, state:
Date of Incorporation: State in which Incorporated: _
4. If an out-of-state Corporation or entity, must be currently authorized to do business in Florida by
the Office of the Florida Secretary of State:
5. Name and Title of Principal Officers Date Elected:
_
_
_
6. The length of time in business: years
7. The length of time (continuous) in business in Florida: ________________________years
8. Provide a list of at least five commercial or government references that the successful Bidder
has supplied service/commodities meeting the requirements of the City of Dania Beach
specifications, within the last five (5) years (see attached).
9. A copy of a county or municipal Business Tax Receipt.
27
10. SIMILAR PROJECTS WITHIN THE LAST FIVE (5) YEARS
Project Title Project Title
Address Address
Owner Owner
Owner's Telephone Number Owner's Telephone Number
Contract Value Contract Value
Percent Complete Completion Date Percent Complete Completion Date
______________________________________________________________________________
Project Title Project Title
Address Address
Owner Owner
Owner's Telephone Number Owner's Telephone Number
Contract Value Contract Value
Percent Complete Completion Date Percent Complete Completion Date
28
Project Title Project Title
Address Address
Owner Owner
Owner's Telephone Number Owner's Telephone Number
Contract Value Contract Value
Percent Complete Completion Date Percent Complete Completion Date
______________________________________________________________________________
Project Title Project Title
Address Address
Owner Owner
Owner's Telephone Number Owner's Telephone Number
Contract Value Contract Value
Percent Complete Completion Date Percent Complete Completion Date
______________________________________________________________________________
Project Title Project Title
Address Address
Owner Owner
29
Owner's Telephone Number Owner's Telephone Number
Contract Value Contract Value
Percent Complete Completion Date Percent Complete Completion Date
11. Have you ever failed to complete any work awarded to you?
Yes No If yes, attach a separate sheet of explanation.
12. Within the last five years, has any officer or partner of your organization ever been an
officer or partner of another organization that failed to complete an Agreement?
Yes No If yes, attach a separate sheet of explanation.
13. Within the last five years, have you ever had a performance, payment or bid bond called?
Yes No If yes, attach a separate sheet of explanation.
14. Have you, any officer or partner of your organization, or the organization been involved
in any litigation or arbitration against the City?
Yes No If yes, attach a separate sheet of explanation.
15. Within the last five years, have you, any officer or partner of your organization, or the
organization or parent company or its subsidiaries been involved in any litigation or arbitration
against any other Florida public entity?
Yes No If yes, attach a separate sheet of explanation.
16. Within the last five years, have you, any officer or partner of your organization, or the
organization or parent company or its subsidiaries been involved in any litigation or arbitration
against any private entity for an amount greater than $100,000?
Yes No If yes, attach a separate sheet of explanation.
17. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries
or parent company been charged or indicted for any criminal activity within the last five years?
Yes No If yes, attach a separate sheet of explanation.
18. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries
or parent company been convicted or fined for any criminal activity within the last five years?
Yes No If yes, attach a separate sheet of explanation.
19. Within the last five years, have you, any officer or partner of your organization, or the
organization been investigated by any local, state, or federal law enforcement agency, criminal
justice agency or inspector general office?
Yes No If yes, attach a separate sheet of explanation.
30
20. Within the last five years, have you, any officer or partner of your organization, or the
organization communicated with any local, state, or federal law enforcement agency, criminal
justice agency or inspector general office relating to goods or services provided or performed for
any governmental entity?
Yes No If yes, attach a separate sheet of explanation.
21. Within the last five years, have there been any reports or audits relating to you, any
officer or partner of your organization, or the organization issued by any local, state, or federal
law enforcement agency, criminal justice agency or inspector general office.
Yes No If yes, attach a separate sheet of explanation.
22. Within the last five years, have you, any officer or partner of your organization, or the
organization failed to disclose or made misrepresentations to any governmental entity regarding
conflicts of interest or potential or apparent conflicts of interest.
Yes No If yes, attach a separate sheet of explanation
Note: Information requested in the ITB and submitted by the Bidders will be analyzed by the City of Dania Beach and will be a
factor considered in awarding any resulting contract. The purpose is to insure that the successful Bidders in the sole opinio n of the
City of Dania Beach can sufficiently and efficiently perform all the required services in a timely and satisfactory manner as will be
required by the subject contract. If there are any terms or conditions that are in conflict, the most stringent requirement shall apply.
END OF BIDDER QUALIFICATIONS
EXHIBIT “B”
BID FORM
ITB 23-016
“EVENT EQUIPMENT RENTAL”
Bid Form is posted on City Webpage and DemandStar
EXHIBIT “C”
BIDDER’S QUESTIONNAIRE
The undersigned guarantees the truth and accuracy of all statements and answers contained below:
1. How many years has your organization been in business? __________
2. List below (or on an attached sheet, if necessary) the names, addresses and telephone
numbers of organizations, governmental, private or both located in Broward, Miami-Dade
or Palm Beach Counties, for which you are now, or have within the past five (5) years,
provided services similar to that called for in the Invitation to Bid.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
3. List below (or on an attached sheet, if necessary) all pertinent information and data that
would indicate the ability of your organization and management personnel to perform
satisfactorily.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
4. Have you personally completed a plan for performance of the work?
________________________________________________________________________
5. Have you ever failed to complete work awarded to you? If so, when, where and why?
________________________________________________________________________
________________________________________________________________________
6. What equipment do you own that is available for work?
________________________________________________________________________
________________________________________________________________________
7. Has your company ever been debarred or held in default in Broward, Miami-Dade, or Palm
Beach Counties or elsewhere by any other governmental
entity?__________________________________________________________________
8. How many employees (Contractors only) will be assigned to perform the
services?_____________________
9. How many supervisors will be assigned to perform the services?______________
10. Will personnel be part of a regular crew assigned to perform the services?
Yes_____ No_____
11. Will you be able to provide service for emergency situations? Yes_____ No______
If so, how much notice is required? _____________________
12. What equipment do you own that is available to complete the Project?
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Please attach copies of any licenses, awards, certificates, etc., that you may have.
EVERY PIECE OF EQUIPMENT MUST HAVE ORIGINAL FACTORY GUARDS
AND SHIELDS INSTALLED AND FUNCTIONING AT THE TIME OF WORK.
END OF BIDDER’S QUESTIONNAIRE
EXHIBIT “D”
Sworn Statement Under Section §287.133(3)(a), Florida Statutes on Public
Entity Crimes
(This form must be signed in the presence of a Notary Public or other officer authorized to
administer oaths.)
1. This sworn statement is submitted with Invitation to Bid No. 23-016.
_________________________________________________________
2. This sworn statement is submitted by:
(name of entity submitting sworn statement)
its business address is:
Federal Identification Number
(FEIN) is:
(if applicable)
Social Security Number:
(if the entity has no FEIN, include the Social Security Number
of the individual signing this sworn statement)
3. My name is:
(PRINT NAME of individual signing this document)
and my relationship to the entity is:
(President, General Partner, etc. as applicable)
4. I understand that a "public entity crime" as defined in Section 287.133(1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or with the United States, including, but not limited
to, any bid or contract for goods or services to be provided to any public entity or an agency
or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
5. I understand that "convicted" or "conviction" as defined in Section 287.133(1)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without
an adjudication of guilt, in any federal or state trial court of record relating to charges
brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-
jury trial, or entry of a plea of guilty or nolo contendere (also known as “No Contest”).
6. I understand that an "affiliate" as defined in Section 287.133(1)(a), Florida Statutes, means:
(a) A predecessor or successor of a person or a corporation convicted of a public entity
crime; or
(b) An entity under the control of any natural person who is active in the management
of the entity and who has been convicted of a public entity crime. The term
"affiliate" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in the management of an affiliate.
The ownership by one person of shares constituting a controlling interest in another
person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima-facie case that one
person controls another person. A person who knowingly enters into a joint venture
with a person who has been convicted of a public entity crime in Florida during the
preceding 36 months shall be considered an affiliate.
7. I understand that a "person" as defined in Section 287.133(1)(e), Florida Statutes, means
any natural person or any entity organized under the laws of any state or of the United
States with the legal power to enter into a binding agreement and which bids or applies to
bid on contracts let by a public entity, or which otherwise transacts or applies to transact
business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
8. Based on information and belief, the statement which that I have marked below is true in
relation to the entity submitting this sworn statement. (Please indicate which statement
applies):
Neither the entity submitting the sworn statement, nor any officers, directors,
executives, partners, shareholders, employees, members or agents who are active in
management of the entity nor any affiliate of the entity have been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers, directors,
executives, partners, shareholders, employees, members or agents who are active in
management of the entity or an affiliate of the entity has been charged with and convicted
of a public entity crime subsequent to July 1, 1989 and
(Please now indicate which additional statement below applies):
There has been a proceeding concerning the conviction before a hearing
officer of the State of Florida, Division of Administrative Hearings. The final order
entered by the hearing officer did not place the person or affiliate on the convicted
vendor list. (Please attach a copy of the final order)
The person or affiliate was placed on the convicted list. There has been a
subsequent proceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing officer determined
that it was in the public interest to remove the person or affiliate from the convicted
vendor list. (Please attach a copy of the final order)
The person or affiliate has not been placed on the convicted vendor list.
(Please describe any action taken by or pending with the Florida Department of
General Services)
____________________
SIGNATURE (of person whose name Date
first appears above)
STATE OF FLORIDA )
COUNTY OF ___________ )
Sworn to and subscribed before me on __________________________, 20_____, by
____________________________________, as _________________________________ of
______________________________, a ________________ corporation/partnership, on behalf of
the corporation/partnership who (check one) [ ] is personally known to me or [ ] has produced
________________________________ as identification.
Signature of Notary Public
PRINTED Name of Notary
My commission expires:
EXHIBIT “E”
NON-COLLUSION AFFIDAVIT
The undersigned Bidder has not divulged to, discussed, or compared his/her/its Bid with any
other Bidders and has not colluded with any other Bidder or parties to the Bid whatsoever.
Name of City Project: EVENT EQUIPMENT RENTAL
City’s Invitation to Bid No.: 23-016
_______________________________
Name of Bidder
_______________________________ _______________________________
SIGNATURE of Bidder or Authorized PRINT Name of Bidder or Authorized
Agent of Bidder Agent of Bidder
__________________
Title
__________________, 20____.
Date
STATE OF FLORIDA )
) ss:
COUNTY OF ____________ )
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally
appeared ☐ physical presence or ☐ online notarization, on _________________ as _________________, of
___________________, an organization authorized to do business in the State of Florida, and acknowledged and executed
the foregoing statement as the proper official of _______________________ for the use and purposes mentioned in it and
affixed the official seal of the entity, and that the instrument is the act and deed of that entity. He/she is personally known to
me or has produced __________________________ as identification.
.
Signature of Notary Public
PRINTED Name of Notary
My commission expires:
EXHIBIT “F”
INDEPENDENCE AFFIDAVIT
The undersigned individual, being duly sworn, deposes and says that:
I am _______________________________ of _____________________________, the Bidder
that has submitted the attached Bid;
I hereby certify to the best of my knowledge that neither I nor any of those persons residing in my
household have or have had during the past five years, any relationships (professional, financial,
familial or otherwise) with the City (or any of its districts), its elected or appointed officials, its
employees or agents, or any member or alternate member of the Selection Committee.
A “relationship” for the purpose of this affidavit shall include but not be limited to
employer/employee, consultant, contractor, subcontractor, associate, officer, partnership, joint
venture, ownership greater than one percent, landlord/tenant, or creditor/debtor, gift
donor/recipient (in excess of $100.00), past or on-going personal relationships, or joint
involvement with charitable/voluntary activities. Relationship includes having a prior or
current contract with the City.
Except as set forth below, I hereby certify to the best of my knowledge that neither I nor any of
those persons residing in my household have received any promise of compensation, remuneration,
gift, discount, or other gratuity in exchange for my Bid.
I understand and agree that I shall give the City written notice of any other relationships (as defined
above) that I enter into with the City (or any of its districts), its elected or appointed officials, its
employees or agents, or any member or alternate member of the Selection Committee during the
period of the Agreement.
I set forth below any exceptions to the aforementioned (if none, write “None”):
_____________________________________________
Signature (Blue ink only)
_____________________________________________
Print Name
EXHIBIT F – (CONTINUED)
_____________________________________________
Title
_____________________________________________
Date
STATE OF FLORIDA
COUNTY OF
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ☐
physical presence or ☐ online notarization, on _________________ as _________________, of ___________________,
an organization authorized to do business in the State of Florida, and acknowledged and executed the foregoing statement as
the proper official of _______________________ for the use and purposes mentioned in it and affixed the official seal of
the entity, and that the instrument is the act and deed of that entity. He/she is personally known to me or has produced
__________________________ as identification.
Notary Public
PRINT Name of Notary Public
My commission expires:
EXHIBIT “G”
REFERENCES
Bidder shall provide a minimum of three references for which the bidder has provided
services within the past five (5) years.
Name of company:
Address:
Telephone number:
Email address:
Principal contact person(s):
Year contract initiated and terminated:
Name of company:
Address:
Telephone number:
Email address:
Principal contact person(s):
Year contract initiated and terminated:
Name of company:
Address:
Telephone number:
Email address:
Principal contact person(s):
Year contract initiated and terminated: _________________________________________
EXHIBIT “H”
ACKNOWLEDGMENT OF ADDENDA
The Bidder acknowledges the receipt of the following addenda issued by the City and incorporated
into and made part of the ITB or the Agreement. In the event the Bidder fails to include any such
addenda in the table below, submission of this form shall constitute acknowledgment of receipt of
all addenda, whether or not received by the Bidder.
ADDENDUM
NUMBER
DATE
RECEIVED
PRINT NAME
TITLE
SIGNATURE
(BLUE INK ONLY)
EXHIBIT “I”
CERTIFICATION TO ACCURACY OF BID
The Bidder, by executing this form, certifies and attests that all forms, affidavits and documents
related to the document that it has enclosed in the Bid in support of its Bid are true and accurate.
Failure by the Bidder to attest to the truth and accuracy of such forms, affidavits and documents
shall result in the Bid being deemed non-responsive and such Bid will not be considered.
By submitting a Bid to do the work, the Bidder certifies that a careful review of the ITB and the
Agreement has taken place and that the Bidder is fully informed and understands the requirements
of the ITB and the expected Agreement and the quality and quantity of services to be performed.
The undersigned individual, being duly sworn, deposes and says that:
A. He/She is___________________________________________________________ of
_____________________________, the Bidder that has submitted the attached Bid;
B. He/She is fully informed respecting the preparation and contents of the attached Bid
and of all forms, affidavits and documents submitted in support of such Bid;
C. All forms, affidavits and documents submitted in support of this Bid and included in
this Bid are true and accurate;
D. No information that should have been included in such forms, affidavits and documents
has been omitted; and
E. No information that is included in such forms, affidavits or documents is false or
misleading.
EXHIBIT “I”
CERTIFICATION TO ACCURACY OF BID
(continued)
_____________________________________________
Signature (Blue ink only)
_____________________________________________
Print Name
_____________________________________________
Title
_____________________________________________
Date
STATE OF FLORIDA
COUNTY OF ________________
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared ☐ physical presence or ☐ online notarization, on
_________________ as _________________, of ___________________, an organization
authorized to do business in the State of Florida, and acknowledged and executed the foregoing
statement as the proper official of _______________________ for the use and purposes
mentioned in it and affixed the official seal of the entity, and that the instrument is the act and
deed of that entity. He/she is personally known to me or has produced
__________________________ as identification.
Notary Public
PRINT Name of Notary Public
My commission expires:
EXHIBIT “J”
DRUG-FREE WORKPLACE CERTIFICATION FORM
Whenever two (2) or more bids/Bids, which are equal with respect to price, quality, and service, are
received by the CITY OF DANIA BEACH for the procurement of commodities or contractual services,
a bid/Bid received from a business that certifies that it has implemented a drug-free workplace program
shall be given preference in the award process. In order to have a drug -free workplace program, a
business shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of controlled substances is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2. 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.
3. Give each employee engaged in providing the commodities or contractual services that are under
bid a copy of the statement specified in number (1).
4. In the statement specified in number (1), notify the employees that as a condition for working
on the commodities or contractual services that are under bid, the employee will abide by the
terms of the statement and will notify the employer of any conviction on or plea of guilty or no
contest to any violation of Chapter 893, Florida Statutes or of any controlled substance law of
the United States or any singular state, for a violation occurring in the workplace no later than
five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee’s community by any employee who
is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation
of Section 287.087, Florida Statutes.
This Certification is submitted by the
(PRINT Name of Authorized Agent)
of
(Title) (Bidder Name)
who does certify that said Company has implemented a drug-free workplace program, which meets the
requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (6) above.
SIGNATURE DATE
City of Dania Beach
Community Development Memorandum
DATE: 9/26/2023
TO: 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: TX-042-23: The applicant, the City of Dania Beach, is requesting a text
amendment to the City’s Code of Ordinances, Land Development Code (LDC), to
reduce building height and density within the form-based zoning districts (FIRST
READING).
Request:
Amendment the City’s LDC regarding building height and residential density within the
Regional Activity Center (RAC) form-based zoning districts that would apply to the RAC
replenishment units when received.
Background:
In 2010, the City Commission adopted the current form-based zoning regulations found in the
City’s LDC. These regulations identify general rules governing the use of land within the City,
including list of permitted uses, special exceptions, prohibited uses and site development
regulations such as building height and density. When these regulations were initially adopted,
the City’s goal was to attract and entice development to build in Dania Beach at a time when
little to no development was occurring in the City. The City adopted regulations that allowed
developers to acquire additional height and density through the use of incentives.
The current LDC identifies several incentives which, if utilized by a developer, can double the
building height and density permitted on a property. These incentives include the following:
• Public Open Space
• Attainable Affordable Housing
• Sustainable Building Practices (Green Building)
• Public Parking payment in-lieu
• Public Parks payment in-lieu
These incentive regulations will remain in effect for the initial 7,818 dwelling units, as 3,048 are
entitled but not yet built or under construction. The RAC currently has zero residential dwelling
units (du) available.
The Community Development is in the process of a Land Use Plan Amendment (LUPA) to
obtain an additional dwelling units to allow residential development within the RAC to continue.
Through this proposed text amendment, the department is requesting to reduce (by
approximately half) the allowable building height and density by eliminating the incentives in
the LDC. Listed below is each form-based zoning district within the RAC showing a side-by-
side comparison of the current existing zoning code (with incentives) and the department’s
proposed zoning code.
City Center (CC)
Existing Zoning Code Proposed Zoning Code
Max. Density – by right 50 du/acre Max. Density – by right 50 du/acre
Max. Density – w/incentives 150 du/acre No Incentive
Max. Height – by right 7-stories Max. Height – by right 7-stories
Max. Height – w/incentives 14-stories No Incentive
East Dania Beach Boulevard Mixed-Use (EDBB-MU)
Existing Zoning Code Proposed Zoning Code
Max. Density – by right 35 du/acre Max. Density – by right 35 du/acre
Max. Density – w/incentive 75 du/acre No Incentive
Max. Height – by right 7-stories Max. Height – by right 7-stories
Max. Height – w/incentive 14-stories No Incentive
Gateway Mixed-Use (GTWY-MU)
Existing Zoning Code Proposed Zoning Code
Max. Density – by right 50 du/acre Max. Density – by right 50 du/acre
Max. Density – w/incentive 100 du/acre No Incentive
Max. Height – by right 7-stories Max. Height – by right 7-stories
Max. Height – w/incentive 14-stories No Incentive
South Federal Highway Mixed-Use (SFED-MU)
Existing Zoning Code Proposed Zoning Code
Max. Density – by right 25 du/acre Max. Density – by right 25 du/acre
Max. Density – w/incentive 50 du/acre No Incentive
Max. Height – by right 2-4 stories Max. Height – by right 2-4 stories
Max. Height – w/incentive 8-stories No Incentive
Neighborhood Residential Mixed-Use (NBHD-RES)
Existing Zoning Code Proposed Zoning Code
Max. Density – by right 1-2 du Max. Density – by right 1-2 du
No Incentive No Incentive
Max. Height – by right 2-3 stories Max. Height – by right 3-stories
No Incentive No Incentive
The City has volunteered to set aside fifteen percent (15%) of the additional dwelling units to be
dedicated to Affordable/Workforce housing. Staff will report unit allocation to both the City
Commission and Broward County Planning Council to ensure this affordable housing
requirement is equitably distributed.
The Community Development Department is also proposing the adoption of a sustainable
building regulation that will require all new City facilities (over 20,000 square feet) to meet the
Green Building requirements. Department Staff is researching additional provisions utilized by
other municipalities that may be included in our LDC.
This text amendment application will require two (2) readings by the City Commission for
approval.
Budgetary Impact
None.
Recommendation
Planning and Zoning Board Recommendation
On September 20, 2023, the Planning and Zoning Board will hear this item. The Board’s
recommendation will be presented at the City Commission meeting.
Department recommendation
The Community Development Department recommends that the City Commission approval of
the proposed text amendment on first reading.
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) 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.
WHEREAS, on September 28, 2010, the City of Dania Beach adopted Ordinance No.:
2010-007, which amend the City’s Comprehensive Plan’s Future Land Use Element by amending
the land use classification “Regional Activity Center” (“RAC”) providing 7,818 RAC units; and
WHEREAS, on September 14, 2010, the City of Dania Beach adopted Ordinance No.:
2010-20, Community Redevelopment Area (CRA) Form-Based Zoning Districts that allowed for
the implementation of the 7,818 RAC units; and
WHEREAS, the 7,818 RAC units approved in the 2010 Comprehensive Plan have been
developed or pledged to site specific development projects, and those 7,818 units shall continue to
be administered under the RAC Form Based Code found in Supplement 154 of the Dania Beach
Code of Ordinances, dated November 30, 2022, Published By Municipal Code Corporation; and
WHEREAS, the City in December 2023, will be adopting a Comprehensive Plan
Amendment to provide 4,000 additional RAC units; and simultaneously, the City of Dania Beach
is adopting modified regulations for the CRA Form-Based Zoning District that would administer
the new 4,000 units; and
WHEREAS, under the new RAC zoning district being created under this Ordinance the
City is eliminating incentives and providing for mandatory green building requirements; and
WHEREAS, the City seeks to adopt the modified and amended CRA Form Based
Zoning District for the new 4,000 units provided under the 2023 Comprehensive Plan
Amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1.The preceding “WHEREAS” clauses are ratified and incorporated as a record
of the legislative intent of this Ordinance.
Section 2.That Chapter 28 entitled the “Land Development Code”; at Part 3, “Special
Zoning Districts,” at Subpart 1, “Community Redevelopment Area (CRA) Form-Based Zoning
Districts” as follows:
CHAPTER 28
LAND DEVELOPMENT CODE
PART 3. SPECIAL ZONING DISTRICTS
SUBPART 1. COMMUNITY REDEVELOPMENT AREA (CRA) FORM-BASED
ZONING DISTRICTS
ARTICLE 300. HOW TO USE
Sec. 300-10. The CRA includes six (6) form-based districts.
The Community Redevelopment Area (CRA) is divided into several zoning districts. Six (6)
of those districts are form-based districts that are unique to the CRA. Except for section 301-20(B),
which is applicable to all properties located within the Regional Activity Center (RAC) Future
Land Use designation as identified in the city's Comprehensive Plan, Article 300 shall not apply
to the Planned Mixed-Use Development District (PMUD) established pursuant to article 340,
subpart 5 of part 3 of this chapter or the Planned Small Lot Mixed-Use Development District
(PMUD-SL) established pursuant to article 350, subpart 6 of part 3 of this chapter. Each form-
based zoning district has a set of regulations that apply to it, called "district development standards"
in article 303. The district standards include:
(A) A generalized list of permitted uses. The detailed list of permitted, special exception and
prohibited uses is in article 302, discussed further in section 300-20, below.
(B) Building placement and height standards, discussed further in section 300-30, below.
(C) The types of buildings that can be constructed. There are eight (8) "types" of buildings
based upon the building's function and character, discussed further in section 300-40,
below.
(D) The types of ground story configurations that are allowed along street frontages, called
"frontage types", which are discussed further in section 300-50, below.
Sec. 300-20. How to determine permitted uses.
(A) The district standards in article 303 for each district contain a simplified list of permitted uses.
The purpose of the simplified list is to give the reader a quick reference guide to the general
types of permitted uses and special exception uses in each district. For a detailed list of
permitted uses, consult article 302.
(B) Having more than one (1) type of use on a lot (mixed use) is encouraged in many districts.
Section 302-40 determines which types of use can be mixed within a lot or within a building,
and any conditions for doing so. Section 302-10, the list of permitted, special exception and
4 ORDINANCE #2023-______
prohibited uses, is organized by use type to correspond to the use types listed in section 302-
40 and again in the generalized permitted uses lists in the district regulations of article 303.
(C) Within many of the zoning districts, some uses may be permitted on lots fronting primary
streets, but not along secondary streets, and vice versa.
Sec. 300-30. How to determine the buildable area of a lot, allowable density and building
height.
(A) The district standards in article 303 for each district include a map showing maximum
allowable height within the district. Permitted height varies within some districts based upon
location. Article 304 has the rules for interpreting the maps.
(B)Permitted height and density is identified as "by right" and "with incentives." This means that
in order to exceed the height, density or both permitted "by right", the developer must earn
incentives sufficient to achieve the maximum height, density or both permitted on the lot.
Incentives are detailed in article 305. See additional regulations found in section 301-20(B)
for maximum intensity/density limits permitted within the CRA and Comprehensive Plan.
(C) The district standards in article 303 for each district specify build-to-lines, setbacks, minimum
open space, and where parking facilities can be sited. Mandatory build-to-lines in lieu of
minimum setbacks are one of the aspects that make these regulations form-based.
Sec. 300-40. How to determine the allowable kinds of buildings; an explanation of building
types.
Buildings are classified into eight (8) types based upon their characteristics. For example, a row
house building type is different than a mansion apartment building because mansion apartment
buildings are designed to look like large single-family detached dwellings, and rowhouses cannot
be mistaken for a detached single-family dwelling. Regulation of building types is one of the
aspects that makes these regulations form-based. Certain building types may be permitted on
primary streets but not secondary streets, and vice versa, within a district.
Sec. 300-50. How to determine the allowable kinds of building fronts; an explanation of
frontage types.
(A)Where to find. Every district allows certain frontage types in the district standards of article
303. The frontage types correspond to the allowable building types. The details of each
frontage type are provided in article 311. Regulation of building frontages is one of the aspects
that makes these regulations form-based. Certain frontage types may be permitted on primary
streets but not secondary streets, and vice versa, within a district.
Example. Every building has a front side with one (1) or more entrances. The front of a
retail building, for example, usually has a lot of window area for the display of merchandise,
and the entrance to the storefronts is immediately next to the sidewalk, and at the same grade
(elevation) as the sidewalk. If the potential customer had to climb a stair to get to the store,
he or she wouldn't be able to see inside the display windows, and might not want to expend
the effort needed to climb the stairs. Therefore, the "shopfront" type of frontage would
5 ORDINANCE #2023-______
require the characteristics of façade design, entrance location and configuration, and setback
from the sidewalk that are necessary for retail to be successful.
Example. An apartment building, on the other hand, needs to afford some privacy to its
ground-story residents, so it is set back a little further from the sidewalk, perhaps with some
landscaping or private yards abutting the sidewalk, and the entrance is above grade to
reinforce the transition from the public sidewalk to private property and allow ground story
windows to be above eye level at the sidewalk. The entrance to the building or ground-story
units may even be off a private courtyard. Therefore, "stoop", "dooryard" or "courtyard"
frontage types would be appropriate for multiple-family buildings based on the
characteristics of façade design, entrance location and configuration (i.e. elevated above the
sidewalk or situated behind a small private yard), and setback from the sidewalk which is
necessary for quality urban living conditions.
Sec. 300-60. Other development regulations.
(A)Article 305 contains sustainable building requirements.
(B)Article 306 contains parking and loading standards.
(CB) Article 307 contains landscaping standards.
(DC) Article 308 contains signage standards.
(ED) Article 309 contains general regulations that address fences, screening, required
improvements, and more.
(FE)Article 312 includes standards for open space design.
(GF)Article 525 contains architecture and urban design standards.
Sec. 300-70. Commonly used abbreviations.
Abbreviation Full Name
BTL Build-to-line
du/ac Dwelling units per acre
' Feet
ft. Feet
max. Maximum
min. Minimum
ROW Street line (ultimate edge of right-of-way)
sf Square feet
EDBB, WDBB East Dania Beach Boulevard, West Dania Beach Boulevard
S. Fed. Hwy South Federal Highway
CC City Center District
EDBB-MU East Dania Beach Boulevard Mixed-Use District
GTWY-MU Beach Gateway Mixed-Use District
SFED-MU South Federal Highway Mixed-Use District
NBHD-MU Neighborhood Mixed-Use District
Page 6
NBHD-RES Neighborhood Residential District
Sec. 300-80. Intent.
The Community Redevelopment Area (CRA) encompasses predominantly single-family and
two-family residential neighborhoods, a downtown commercial district, two (2) commercial
corridors, and industrial acreage. The CRA redevelopment plan identifies the redevelopment path
that is needed for the CRA. Industrial development and redevelopment is in large measure going
to be a function of infrastructure improvements and other capital projects, while redevelopment of
the remainder of the CRA is largely going to be a function of urban development standards that
will not only assist in the redevelopment of the area, but will shape the form it takes consistent
with the CRA redevelopment plan objectives.
The following are the specific objectives of the urban form standards:
(A) Encourage and facilitate redevelopment through:
(1) Redevelopment incentives;
(12) Clearly identifying how any given property can and should be developed;
(23) Providing developers with certainty and predictability in the development review
process through clear and certain direction as to the desired development outcome;
(34) Allowing a wide range of land uses to accommodate real estate market cycles;
(45) Providing flexibility in the permitted uses of land while not precluding reuse for the
primary intended uses, nor precluding infill of urban intensity. Examples include
allowing several uses within a building that is designed to ultimately house a
research and product development use, or future ground floor retail that may not be
supported by current market conditions;
(56) Allowing maximum build-out of commercial and mixed-use properties by
eliminating or minimizing building setbacks and on-lot open space requirements;
(67) Establishing development standards that are most appropriate to the small lots,
urban block patterns, alleys and narrow streets within parts of the CRA;
(78) Flexible parking facility siting alternatives.
(B)Long-term planning.
(1) Whenever a site is developed at a relatively low intensity relative to the maximum
permitted intensity, the site and improvements thereon should be designed and
constructed to enable buildout of the site at the maximum allowable intensity at
some future time without the need for substantial demolition. Known as "beginning
with the end in mind," this approach may, for example, involve designing and
constructing buildings to accommodate vertical expansion and designing surface
parking lots to eventually accommodate a parking structure.
(C)Transit-oriented development.
(1) Allow mixing of land uses within a building or property.
7 ORDINANCE #2023-______
(2) Allow vertical development; allow structured parking.
(3) Park once and walk to multiple destinations within the CRA; centralized parking,
shared parking, on-street parking, internal trip capture, and modal split parking
reductions.
(D)Build a vibrant community within a community.
(1) Activate the sidewalks by building close to the street with parking facilities behind
buildings, and by controlling the interface between building and sidewalk.
(2) Maintain, and enhance when possible, the stability and property values of
residential neighborhoods through compatible transitions to nonresidential
properties, and through building form standards that bring new or expanded
dwellings closer to the street with a renewed emphasis on the front yard.
(3) Encourage development that minimizes its impact on natural resources.
(4) Encourage development that provides urban amenities and pedestrian conveniences
for the enjoyment of the general public and contribute to place making.
(5) Bring buildings to the roadway, ensure proper proportioning and require continuous
building façades to "enclose" designated streets in order to help create a lively and
visually appealing environment that invites people to live, locate businesses, and
spend time shopping, dining and interacting with others.
(6) Foster a safe pedestrian environment by increasing the opportunity for day and
night activity on the public sidewalks and by ensuring "eyes on the street" through
mixing of uses, fenestration and access standards.
(7) Reinforce the interconnectivity of the urban components of buildings, streets,
sidewalks, open spaces, transit facilities, and parking facilities.
(8) Encourage visual interest by ensuring the building and visual landscapes are
accented rather than their parking facilities.
(9) Require the location of on-site parking facilities in the rear yard, accessed when
possible through rear alleys or side streets.
Page 8
ARTICLE 301. LEGAL AND ADMINISTRATIVE PROVISIONS
Sec. 301-10. Short title.
The provisions of part 3, subpart 1 of the Land Development Code shall be referred to as the
"Community Redevelopment Area form-based districts", or "CRA form-based districts".
Sec. 301-20. Applicability.
(A) Conflict with other regulations. The CRA form-based district regulations shall specifically
prevail over all other regulations of this code in the case of conflict.
(B)Regional Activity Center limitations. All development within the CRA form-based districts
is subject to the maximum overall, “pooled” intensity limits permitted established in the
Future Land Use Element of the Comprehensive Plan for the underlying Regional Activity
Center (RAC) land use category. The intensity limits include the total number of residential
units and total area of nonresidential development that can be constructed within the more
than 1,300 acres encompassed by the RAC. within the CRA form-based districts by the
Comprehensive Plan. Development in the CRA form-based districts is also subject to the
restrictions and requirements placed on the allocation of such intensities set forth in the
RAC provisions of the Comprehensive Plan, including but not limited to, allowable
dwelling unit types and dwelling unit affordability criteria. Therefore, the Regional Activity
Center (RAC) allowable land use and density identified provisions in the Future Land Use
Element of the Comprehensive Plan, Future Land Use Element, and the remaining available
development intensities in the RAC, tracked by the Community Development Department,
should be consulted to ensure the consistency of any development proposal with the Future
Land Use Elementland use plan (acreage, dwelling units, etc.).
(C)Vesting for certain dwelling units. Development utilizing the initial pool of 7,818 dwelling
units established with the adoption of the RAC in 2010 shall be vested 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. Previous code
versions can be viewed online through the Municipal Code Corporation’s “municode”
website, which are organized by supplement number, and at the City Clerk’s office.
(D)Procedure when RAC units near depletion. When the number of available dwelling units
assigned to the RAC land use designation falls below fifteen (15) percent of the total
number of approved units, the following additional information must be provided:
(1) The applicant shall enter into a developer'’s agreement prior to a public hearing stating
the developer will not request utilization of any of the Governor'’s Executive Order
extensions, thereby returning any unused RAC units upon expiration of the term of the
developer'’s agreement, which authorization period shall not exceed thirty (30) months.
(2) The applicant must provide a project proforma, illustrating project financing exists for
development of the proposed project prior to public hearing.
9 ORDINANCE #2023-_____
(3) The applicant must provide a tax benefit/cost analysis of the project illustrating
projected property tax increase once the project is completed, as well as anticipated
municipal expenditures, such as for police, fire, water/sewer services, etc.
(4) The applicant must identify how the project approval and construction will benefit the
community, such as through installation of bicycle rental stations, participation in a
free trolley/shuttle service, etc.
(5) Any project in which the City has partnered with another person or entity utilizing
Florida Housing Finance Corporation funds shall be exempt from subparagraphs (1)—
(45) above.
(EC)Graphic vs. text conflicts. In the event of a conflict between text and any illustration or
graphic, the text shall prevail.
(FD)Map conflicts. In the event of a conflict between district boundary maps and the official
zoning map, the official zoning map shall prevail.
Sec. 301-30. Nonconformities.
Nonconformities shall be governed by article 710 except as provided in this section.
(A)[Nonconforming characteristics of use.] Nonconforming characteristics of use not
addressed in article 710, including, but not limited to, location of parking facilities,
access to parking facilities, design and architecture, and other requirements unique to the
CRA form-based districts shall be subject to the same rules, thresholds and conditions
for compliance as nonconforming buildings and structures.
(B)Nonconforming buildings and structures.
(1)[Modifications.] Modification to the shell or interior of nonconforming buildings
or structures is permitted without triggering compliance of said building or structure
with these regulations.
(2)Expansion. The expansion of a nonconforming building or structure is permitted as
long as the cumulative square footage of such expansion within any five-year period
does not exceed twenty-five (25) percent of the gross floor area of a building as it
existed upon the effective date of these regulations. In the event that the cumulative
10 ORDINANCE #2023-______
five-year threshold is met, compliance with these regulations shall be required if
the city determines that substantial compliance with these regulations can be
achieved without compromising the intended use of the expansion and logistics of
the building and site layout.
(C)Nonconforming single-family dwellings. Nonconforming single-family dwellings
existing on the effective date of this subpart and their accessory structures may remain
in perpetuity and may be repaired, rebuilt and expanded regardless of nonconformity
with the provisions of this article. Once a single-family dwelling is replaced with another
use, no single-family dwelling can be reestablished on the lot.
Sec. 301-40. Site plan procedures.
Applications for site plans shall be governed by the requirements of article 635. Prospective
applicants for site plan approval are encouraged to submit for conceptual approval prior to
finalizing and submitting a formal site plan application. Conceptual approval offers the developer
an immediate opportunity to obtain feedback from the city's professional staff and decision makers
as to the project design, architecture, application for incentive bonuses, and if necessary, design
variations (see [section] 301-50 below). The conceptual approval process, submittal requirements,
application fee, and schedules shall be established administratively.
Sec. 301-50. Variations in design; procedure for review of design variations.
(A)Intent and purpose. The CC, SFED-MU, EDBB-MU and NBHD-MU districts emphasize
urban design principles in order to effect attractive and functional mixed-use urban
redevelopment that is unique to the City of Dania Beach's urban center, corridors and
neighborhoods within the CRA. In order to accomplish this, the four above-referenced
districts have specific, prescribed development standards rather than minimums and
maximums, to define the urban form of future development. It is the intent of this section to
provide a mechanism for evaluating and granting requests for variation from the standards
and requirements of these regulations that can occasionally be expected for the following
reasons:
(1) To acknowledge the variation in conditions that exist, and the difficulty of accounting
for them in a design-specific regulation.
(2) To facilitate design interpretations and alternatives that work as well as the prescribed
standard.
(B)Applicability. The city is authorized to approve design variations within the CC, SFED-MU,
EDBB-MU and NBHD-MU districts that are consistent with the intent of this section, using
the procedure and criteria of this section in lieu of the variance process of article 625. Design-
based variations shift the focus of review from hardship to design and logistics issues. Design
variations are not authorized for varying the following code requirements, which are not
specific to the regulations of this subpart:
(1)Maximum height design variations are limited to ten (10) percent above the maximum
building height or an additional ten (10) feet, whichever is less, and provided no
additional stories are granted;
11 ORDINANCE #2023-______
(2)Design variations are not authorized for varying the following code requirements, which
are not specific to the regulations of this subpart:
(a) Maximum density;
(b) Maximum impervious area;
(c) Maximum lot coverage;
(d) Minimum open space;
(e) Parking and loading;
(f) Signage.
(C)Procedure.
(1) Design variations associated with site plan and site plan modifications shall be
considered as part of such site plan or modification applications.
(2) Submittal requirements shall be established administratively.
(3) The request for design variation shall be evaluated based upon the criteria set forth in
this section, and the procedures for processing site plans in sections 635-70 (Site plans)
and 635-80 (Site plan modifications).
(D)Standard of review for design variations. The planning and zoning board or city commission,
as applicable, shall use the following criteria when evaluating requests for design variation:
(1) Whether the request is for a reasonable accommodation of design flexibility that results
in overall superior development and design consistent with the intent and principles of
this subpart that govern the standard for which variation is requested; or
(2) Whether the variation is appropriate to accommodate site conditions not anticipated in
these regulations, or to reconcile conflicting requirements, provided the request is
generally consistent with the intent and principles of this subpart that govern the standard
for which variation is requested.
(E)Variance procedure. Variance requests shall be processed pursuant to article 625.
* * *
ARTICLE 303. DISTRICT DEVELOPMENT STANDARDS
Sec. 303-10. Applicability.
Each district has its own set of development standards in this article, many of which are used
in varying combinations to control the form that buildings take and their placement and
relationship relative to the street. All provisions of this article are requirements. All standards for
12 ORDINANCE #2023-
which there is a BTL or minimum or maximum shall read as "required BTL", "minimum required"
(or requirement per context), and "maximum permitted".
Sec. 303-20. Abbreviations used in this Article.
Abbreviation Meaning
BTL Built-to-line
Min. Minimum
Max. Maximum
% Percentage
NP Not permitted
F.A.R. Floor area ratio
Du/ac Dwelling unit per
acre
TOD Transit oriented
development
Ft; sf Feet; square feet
′ Feet
St. Street
Ave. avenue
EDBB East Dania Beach
Boulevard
WDBB West Dania Beach
Boulevard
S. Fed. Hwy South Federal
Highway
NBHD Neighborhood
GTWY Gateway
FEC Florida East Coast
Railway
Sec. 303-30. Illustrated development standard definitions; interpretation.
(A)Building and parking placement.
13 ORDINANCE #2023-
(1)"B" in diagram. Sidewalk dedication: when existing right-of-way is insufficient for wide
sidewalks, on-street parking, or both, as specified on the street sections approved by the
city commission in the CRA redevelopment plan, a dedication is required pursuant to
section 309-10.
(2)"C" in diagram. Build-to-line (BTL) or setback: the regulations require either a BTL, a
paired min. and max. setback, or a min. setback for all buildings.
A BTL is an exact building setback line parallel to the block face, upon which the entire
building façade of at least the lowest three (3) stories must be built, except as provided
for jogs in the façade (see "E1, Ex"), and allowable encroachments such as arcades and
stoops.
(3)Primary and secondary street standards, as shown in Figure 303-1 and Table 303-1. A
primary street shall always be considered the front street. In the case of two (2) primary
streets, both must be treated as the front street. Primary street standards govern all
buildings with primary street frontage, regardless of any corner side frontage on a
secondary street. Secondary street standards govern buildings that front only upon one
or more secondary streets.
Diagram Key Setback requirement: Primary Street Secondary Street
Front Street "C"
Corner Street
"G" Side, 1st layer
"H" Side, 2nd layer
"I" Rear
(4)"D" in diagram. Layers: the buildable area of each lot (portions of the lot not required
for setbacks and yards) is divided into a first layer and second layer demarcated by
imaginary lines for the purpose of regulating which of the following activities can occur
in each: building, surface parking or structured parking. The first layer is comprised of
14 ORDINANCE #2023-
the front twenty (20) to thirty (30) feet of a lot (varies by zone), measured from the BTL,
and is the part of the lot that the building must occupy when a BTL is established. The
second layer is located to the rear of the first layer, and generally represents the area
where parking, building or both can occur. See also Figure 303-2.
(5)Shown in Figure 303-2. Street line is the back edge of the right-of-way, after any required
dedications. In this illustration, the street line is the back edge of the sidewalk. This
represents the transition from public realm to private property.
(B)Building frontage. Regulates the undulation of street-facing building façades.
(1)"E1" and Ex" in diagram. Min. building frontage requirement: regulates how much of
the building façade must be built on the BTL and how much (by default) can be built
behind the BTL. The building frontage requirement applies only to the first layer (see
"D" in Figure 303-1), and is expressed as a percentage of lot width that has to be built
on the BTL. Example: a building frontage requirement of fifty (50) percent on a lot that
is one hundred (100) feet wide means that at least fifty (50) feet of the building façade
must be placed on the BTL. This standard also works in tandem with the side setback
(or BTL) requirement (see "G" in figure 303-1) and corner street setback (or BTL)
requirement. In the example above, if there is a first layer side yard requirement of zero
(0) to ten (10) feet, then the first layer of the building must be at least eighty (80) feet
long (one hundred (100) feet of lot width less two (2) ten-foot side yards), with at least
fifty (50) feet built at the BTL.
(2)"R" in diagram. Max. building recess describes the maximum distance that any part of a
building can be placed behind the BTL or max. setback line (see Figure 303-1). This
standard does not apply to courtyard and forecourt types. Usually, a limited portion of
the façade may be built behind the BTL, but no further than the maximum recess
dimension. In the illustration, the building has three (3) entrances built at the BTL, and
three (3) jogs in the building façade that allow landscaping between the building and
15 ORDINANCE #2023-
sidewalk. In Figure 303-2, approximately fifty (50) percent (one-half) of the building
façade is recessed from the BTL. The distance at which the building jogs backward from
the BTL is called the recess.
(3)"G" in diagram. Interior side BTL or setback: In most districts, there are different side
building placement standards for the first layer and second layers. Since the first layer
contains the building frontage on the street, it is important to control how far from the
side lot line the building can be set back, if at all. Minimizing side yards helps to maintain
the "building street wall" in the mixed-use districts, and the continuity of building
frontage along the street maintains pedestrian interest and minimizes gaps that could
present opportunities for criminals. Within the second layer, there is often just a
minimum setback.
(4)Shown in Figure 303-2, Encroachment is any part of the building structure that extends
forward of the BTL, but remains behind the street line unless an encroachment is
specifically authorized to extend forward of the street line, such as for awnings, galleries
and arcades. In Figure 303-2, the stoops at the building entrances are permitted
encroachments. Although the term is used in the frontage type regulations and not the
district standards, it is illustrated here.
(C)Upper story setbacks.
(1)"L" in diagram. Maximum height before additional setback required for upper stories:
refers to the lower portion of a building that is not subject to an additional setback
requirement for upper storiesis established for all districts that allow building heights
greater than three (3) stories.
(2)"J" in diagram: Upper-level building setback: refers to the vertical plane modulation of
a building and is the minimum required perpendicular distance that a building wall and
elements must be recessed from the BTL or minimum setback line, as applicable.
(D)Height regulations.
(1)"K" in diagram. Max. allowable height: is established within each district for all
buildings, and is broken down by height allowed "by right" and height allowed if
incentive bonuses are awarded pursuant to article 305. Maximum height in transitional
areas may be limited by article 304.
16 ORDINANCE #2023-
Sec. 303-40. City Center (CC) District.
(A)Intent and purpose. To establish a mixed-use downtown with transit supportive densities and
intensities where citizens can work, live, and shop in the economic, governmental,
entertainment and cultural focal point of Dania Beach. This district is designed to encourage
accessible, active, pedestrian-oriented areas within walking distance of a prospective transit
station on the FEC railway.
(B)Density. Max. fifty (50) du/ac by right; up to one hundred fifty (150) du/ac with density bonus
(see article 305).
(C)F.A.R. Max. 8.0Reserved.
(D)Generalized permitted uses (see article 302 for specific uses and conditions of use).
Uses Core
Streets*
Other
Streets
Residential
Multifamily
U ✓
Commercial
(Mixed use
compatible)
✓ ✓
General
Commercial
✓ ✓
Restricted
Commercial
** **
Entertainment ✓ ✓
Lodging ✓ ✓
Civic and
institutional
✓ ✓
Transportation ✓ ✓
✓ - Permitted
use
* - See subsection
(E) below
U - Upper
floors only
** - See section
302-40
17 ORDINANCE #2023-
(E)City center core. Located between NE and NW 1st Avenues and between SE/SW 1st and
NE/NW 1st Streets (see cross-hatching on map). The core is the planned retail, government
and downtown of Dania Beach. Mixed-use buildings with ground-floor retail, entertainment,
and/or office uses are required in the core.
(F)Min. required pervious, landscaped lot area. Ten (10) percent; may be reduced to zero (0)
percent with incentive bonus (see article 305). Section 303-30(E)(4) provides for payment-
in-lieu.
(G)Sustainable building requirements. See article 305.
(H)Parking and loading. See article 306. Parking is permitted only in the second layer.
18 ORDINANCE #2023-
(IH)Landscaping. See article 307.
(JI)Signage. See article 308.
(KJ)Additional development standards. See article 309.
(LK)Architectural and design standards. See article 525.
(ML)Building placement standards.
Diagram
Key
NP = not permitted Core Outside
core
Shopfront 0′—
5′
0′—5′
with
arcade
0′—
10′
0′—10′
Stoop NP 4′—8′
Dooryard NP 8′—12′
"F" Front
street
setback
Balcony
over
porch
NP 8′—12′
"C" Corner street
setback
0′—
5′
0′—5′
"G" Interior side
setback, 1st layer
0′
min
0′ min
"H" Interior side
setback, 2nd layer
0′
min.
0′ min.
"I" Rear setback 0′
min.
0′ min.
(NM)Building frontage standards.
Diagram
Key
Standard
"D" Min. depth
of building
in 1st
layer
30′
19 ORDINANCE #2023-
"E 1 +..+E
x "
% of lot
width for
which a
façade
must on
the BTL
70%
"R" Max.
allowable
recess
from BTL
10′
(ON)Allowable building types, frontage types (see articles 310 and 311 for details) and
minimum lot dimensions.
Frontage Types
Lot
Dimension
Building
Types
Ba
l
c
o
n
y
ov
e
r
P
o
r
c
h
Do
o
r
y
a
r
d
St
o
o
p
Sh
o
p
f
r
o
n
t
Ar
c
a
d
e
Wi
d
t
h
* De
p
t
h
Rowhouse O O 75′ 100′
Apartment O O O 50′ 100′
Live-work O 50′ 100′
Commercial/
Mixed Use
O, C O, C 50′ 100′
Civic See civic building standards
20 ORDINANCE #2023-
* Add twenty-five (25) feet if no parking
access from rear yard.
C - Core street
frontage
O - Frontage
outside core
(PO)Height: "K", district max. is seven (7) fourteen (14) stories and one hundred fifty (150)
feet and varies by location (see height map and article 304). Height greater than fourteen
(14) stories or one hundred fifty (150) feet may be granted by a special exception
approval, pursuant to Section 630-50. Min. lot dimensions for buildings over six (6)
stories and seventy (70) feet are one hundred (100) feet by one hundred fifty (150) feet.,
with a minimum Min. two (2) habitable stories required in the CC District core. The
maximum allowable height in this district is based upon proximity to adjacent residential
zoning districts and the F.E.C. Railroad corridor. Allowable height increases at a rate of
one (1) foot per one (1) foot of horizontal distance from an adjacent residential zoning
district boundary or F.E.C. Railroad right-of-way. Therefore, allowable height within
one (1) portion of a property might be different than that permitted on another portion.
Buildings must be designed accordingly. The allowable height of buildings just outside
of the district boundary is shown for information purposes.
(QP)Upper story setback standards.
Building side Min. Upper Story Recess "J" Height Before Required
Recess "L"
U.S. 1 Not required N/A
Street, other 10′ 36 stories
Interior side Greater of 12 percent of lot
width or 15′
36 stories/75′ (lesser of)
Rear 15′; 5′ if alley exists 36 stories/75′ (lesser of)
(Q)Height zones map, Figure 303-10.
21 ORDINANCE #2023-
1. The maximum allowable height in this district is based upon proximity to adjacent
residential zoning districts and the F.E.C. Railroad corridor. Allowable height increases
at a rate of one (1) foot per one and two-thirds (1.66) feet of horizontal distance from an
adjacent residential zoning boundary. Therefore, allowable height within one (1) portion
of a property might be different than that permitted on another portion. Buildings must
be designed accordingly.
2. Allowable height is indicated on the map as the base allowable height, plus additional
height that may be authorized by qualifying for height bonuses pursuant to article 305.
3. The allowable height of buildings just outside of the district boundary is shown for
information purposes.
22 ORDINANCE #2023-
Figure 303-10 Maximum Permitted Height Map. [*REVISED MAP* ]
23 ORDINANCE #2023-
Sec. 303-50. NBHD-MU, neighborhood mixed-use district.
(A)Intent and purpose. May be applied along existing and planned collector streets that border
neighborhoods and along portions of some arterial roadways where neighborhood-scale
commercial and multiple-family residential uses are desirable, as follows: West Dania Beach
Boulevard, Stirling Road, Phippen Waiters Road, West Dixie Highway and Sheridan Street.
24 ORDINANCE #2023-
Each such street is a primary street for the purposes of this section. The development pattern
associated with this district is linear, typically one lot deep along a thoroughfare. Rear yards
are required in order to accommodate parking and loading, and provide separation from the
residential neighborhoods typically bordering the rear lot lines.
(B)Density. Max. 18 du/ac; up to 35 du/ac with density bonus as provided in article 305.
(C)F.A.R. Max 0.75Reserved.
(D)Generalized permitted uses (see article 302 for specific uses and conditions of use).
Uses
Residential single-family *
Residential two-family *
Residential Multifamily ✓
Commercial (Mixed use
compatible)
✓
General Commercial ✓
Restricted commercial
Entertainment ✓
Lodging
Civic and institutional ✓
Transportation ✓
Industrial
✓ - Permitted use
* - Restricted to buildings with
secondary street frontages only
(E)Building placement standards.
Diagram
Key
Yard; Frontage
Type
Primary
Street
Secondary
Street
Shopfront 0′—5′ NP
Stoop 4′—8′ NP
Dooryard 8′—12′ NP
"F" Front
Street
Setback
Balcony
over
porch
8′—12′ 15′ BTL
25 ORDINANCE #2023-
Porch NP 15′ BTL
"C" Corner street
setback
0′—5′ 0—5′
"G" Interior side
setback, first layer
0′ min. 7′ min.
"H" Interior side
setback, second
layer
0′ min. 7′ min.
"I" Rear setback 10′
min.
15′ min.
(F)Frontage standards.
Key Standard
"D" Min. depth of building
in first layer
30′
"E 1
+..+E
x "
% of lot width for
which façade must be
on the BTL
50%
"R" Max. recess from BTL 10′
(G)Height.
Primary
Street
Secondary
Street
Maximum
height "K"
2—3
stories,
24′—
2 stories,
25′
26 ORDINANCE #2023-
35’*prime;
**
** Two (2) stories plus one (1) additional story available as an incentive per article 305 provided
not more than 50% of any block may exceed 2 stories.
(H)Allowable building types, frontage types (see articles 310 and 311 for details) and minimum
lot dimensions.
Frontage types
Lot
Dimension
Building
Types
Po
r
c
h
Ba
l
c
o
n
y
ov
e
r
P
o
r
c
h
Do
o
r
y
a
r
d
St
o
o
p
Sh
o
p
f
r
o
n
t
Ar
c
a
d
e
Wi
d
t
h
De
p
t
h
Single-Family S S
Two-Family S S
Mansion 75′ 100′
Rowhouse P P P 75′ 100′
Apartment P P P 50′ 100′
Live-Work P 50′ 100′
Commercial/Mixed
Use
P P 50′ 100′
Civic See civic building standards
P - Primary street frontage
S - Secondary street frontage, subject to conditions of use for NBHD-RES District
(I)Pervious landscaped lot area. Min. fifteen (15) percent; may be reduced to zero (0) percent
with an incentive bonuses (see article 305). Subsection 303-30(E)(4) provides for payment-
in-lieu.
(J)Sustainable building requirements. See article 305.
(K)Parking and loading. See article 306. Parking is permitted only in the second layer.
(L)Landscaping. See article 307.
(MK)Signage. See article 308.
27 ORDINANCE #2023-
(NL)Additional development standards. See article 309.
(OM)Architectural and design standards. See article 525.
(PN)Landscaping. See article 307.
Sec. 303-60. EDBB-MU, East Dania Beach Boulevard Mixed-Use District.
(A)Intent and purpose. Redevelopment to place a greater emphasis on pedestrian activity and
transit supportive development. This will be accomplished by building close to the street,
relocating parking facilities behind buildings, and mixing residential and commercial uses at
medium to high intensities.
(B)Density. Thirty-five (35) du/ac by right; up to seventy-five (75) du/ac with density bonus.
(C)F.A.R. Max. eight (8.0)Reserved.
(D)Pervious landscaped lot area. For lots five (5) acres and smaller, min. ten (10) percent; may
be decreased to zero (0) percent with incentive bonuses (see article 305). For lots over five
(5) acres, min. twenty (20) percent; may be reduced to fifteen (15) percent with incentive
bonus. Subsection 303-30(E)(4) provides for payment-in-lieu.
(E)Sustainable building requirements. See article 305.
(F)Parking and loading. See article 306. Parking is permitted only in the second layer.
(GF)Landscaping. See article 307.
(HG)Signage. See article 308.
(IH)Additional development standards. See article 309.
(JI)Architectural and design standards. See article 525.
(KJ)Generalized permitted uses (see article 302 for specific uses and conditions of use).
Uses Primary
Street
Secondary
Street
Residential
Single-Family
28 ORDINANCE #2023-
Residential
Multifamily
✓ ✓
Commercial
(Mixed-Use
Compatible)
✓ *
General
Commercial
✓
Restricted
Commercial
**
Entertainment ✓
Lodging ✓
Civic and
Institutional
✓ ✓
Transportation ✓
Industrial
✓ - Permitted use
* - Only select uses permitted
** - See section 302-40
(KL)Building placement standards.
Diagram
Key
NP = not permitted Primary
Street
Secondary
Street
Shopfront 0′—5′
BTL
0′—10′
with
arcade
0′—10′ NP
Stoop 4′—8′ 4′—8′
Dooryard 8′—12′ 8′—12′
"F" Front
Street
Setback
Porch NP 15′ BTL
29 ORDINANCE #2023-
Balcony
over
porch
8′—12′ 8′—12′
"C" Corner side setback 0′—5′
"G" Interior side
setback, 1st layer
0′ min. 0′ min.
"H" Interior side
setback, 2nd layer
0′ min. 0′ min.
"I" Rear setback 0′ min. 0′ min.
(ML)Building frontage standards.
Diagram
Key
Standard Primary
Street
Secondary
Street
"D" Min. depth of
building in 1st layer
30′ 30′
"E 1 +..+E
x "
% of lot width for
which façade must
be on the BTL
70% 50%
"R" Max. recess from
BTL
10′ 15′
30 ORDINANCE #2023-
(NM)Allowable building types, frontage types (see articles 310 and 311 for details) and
minimum lot dimensions.
Frontage types
Lot
Dimension
Building
Types
Po
r
c
h
Ba
l
c
o
n
y
o
v
e
r
Po
r
c
h
Do
o
r
y
a
r
d
St
o
o
p
Sh
o
p
f
r
o
n
t
Ar
c
a
d
e
Wi
d
t
h
De
p
t
h
Mansion S S 75′ 100′
Rowhouse S S P,
S
P,
S
75′ 100′
Apartment S P,
S
P,
S
50′
Live-Work P,
S
50′ 100′
Commercial/Mixed
Use
P,
S
P 50′ 100′
Civic See civic building standards
P - Primary street frontage.
S - Secondary street frontage.
(ON)Height. Maximum height, "K", is fourteen (14) stories and one hundred fifty (150)
seven (7) storiesfeet; max. height varies by location. See height map and article 304.
The maximum allowable height in this district is based upon proximity to adjacent
residential zoning districts, and a fixed height limit of four (4) stories within one
hundred (100) feet from the EDBB. Allowable height increases at a rate of one (1) foot
per one (1) foot of horizontal distance from an adjacent residential zoning district
boundary. Therefore, allowable height within one (1) portion of a property might be
different than that permitted on another portion. Buildings must be designed accordingly.
The allowable height of buildings shown outside the district boundary on the height map
is for informational purposes.
31 ORDINANCE #2023-
Minimum
upper story
recess "J"
Height
before
required
recess "L"
Street
setback
20′ on corner
side at
secondary
streets
3 stories/35′
(lesser of)
(O)Height zones map.
1. The maximum allowable height in this district is based upon proximity to adjacent
residential zoning districts, and a fixed height limit along EDBB. Allowable height
increases at a rate of one (1) foot per one and two-thirds (1.66) feet of horizontal distance
from an adjacent residential zoning boundary. Therefore, allowable height within one
(1) portion of a property might be different than that permitted on another portion.
Buildings must be designed accordingly.
2. Allowable height is indicated on the map as the base allowable height, plus additional
height that may be authorized by qualifying for height bonuses pursuant to article 305.
3. The allowable height of buildings just outside of the district boundary is shown for
formation purposes.
[*REVISED MAP*]
32 ORDINANCE #2023-
33 ORDINANCE #2023-
Sec. 303-70. GTWY-MU, Beach Gateway Mixed-Use District.
(A)Intent and purpose. To capitalize on the proximity of conservation areas, waterways and the
beach, by preserving additional land, thus enhancing the area's assets, by differentiating this
district from the more urban EDBB mixed-use district, and by allowing appropriate building
height to allow for reduction in footprint and developed land area. This will be accomplished
by allowing relatively tall buildings built relatively close to the street, while providing greater
setback and landscaping between the building and street than in the East Dania Beach
Boulevard mixed-use district.
34 ORDINANCE #2023-
Figure 303-19 GTWY-MU district map.
(B) Density: max. 50 du/ac by right; up to 100 du/ac with density bonus.
(C)F.A.R.: max. 8.0Reserved.
(D) Generalized permitted uses (see article 302 for specific uses and conditions of use):
Uses
Residential Single-Family
Residential Multifamily ✓
Commercial (Mixed-Use
Compatible)
✓
General Commercial ✓
Restricted Commercial
Entertainment ✓
Lodging ✓
Civic and institutional ✓
✓ - Permitted use
(E)Pervious landscaped lot area. Twenty-five (25) percent. May be reduced to twenty (20)
percent reduction available with incentive bonuses (see article 305).
(F)Sustainable building requirements. See article 305.
(G)Parking. See article 306. Structured parking is not permitted in the first layer.
(HG)Landscaping. See article 307.
(IH)Signage. See article 308.
35 ORDINANCE #2023-
(JI)Additional development standards. See article 309.
(KJ)Architectural and design standards. See article 525.
(KL)Building placement standards.
Street Type Diagram
Key
Building
Placement
Requirements (In
Feet)
Primary Secondary
"C" Street
setback
Other
structures
30′
min.
10′ min.
"G" Interior side
setback
(minimum)
10′ except
15′ abutting
residential
"I" Rear setback
(minimum)
25′
(ML)Building frontage standards.
Diagram
Key
Standard All
Streets
"D" Depth of
1st layer
N/A
"E 1 +..+E
x "
% of lot
width that
façade
must be
built on
BTL
N/A
"R" Max.
recess
from BTL
N/A
36 ORDINANCE #2023-
(NM)Allowable building and frontage types. Building form is not regulated through building or
frontage types in this district.
(NN)Minimum lot width. One hundred (100) feet.
(OO)Minimum lot depth. One hundred (100) feet.
(PP)Maximum building height. Two (2) feet for each one (1) foot of horizontal distance from street
lines and property lines, not to exceed fourteen seven (714) stories and one hundred fifty (150)
feet. The maximum allowable height in this district is based upon proximity to adjacent
residential zoning districts and district streets. Therefore, allowable height within one (1)
portion of a property might be different than that permitted on another portion. Buildings must
be designed accordingly. The allowable height of buildings just outside of the district
boundary is shown on the height map for information purposes.
(Q)Height zones map.
1. The maximum allowable height in this district is based upon proximity to adjacent
residential zoning districts and district streets. Allowable height increases at a rate of two
(2) feet per one (1) foot of horizontal distance from an adjacent residential zoning
boundary. Therefore, allowable height within one (1) portion of a property might be
different than that permitted on another portion. Buildings must be designed accordingly.
2. Allowable height is indicated on the map as the base allowable height, plus additional
height that may be authorized by qualifying for height bonuses pursuant to article 305.
3. The allowable height of buildings just outside of the district boundary is shown for
information purposes.
37 ORDINANCE #2023-
Figure 303-22 GTWY-MU district height map. [*Revised Map*]
A
B
Commented [JK1]: Map revisions:
-Eliminate incentive heights
-Delete non-applicable height zones on legend
38 ORDINANCE #2023-
Sec. 303-80. SFED-MU, South Federal Highway Corridor Mixed-Use District.
39 ORDINANCE #2023-
Figure 303-23 SFED-MU District Map
(A)Intent and purpose. Redevelop the corridor with emphasis on the pedestrian and street life
consistent with TOD principals. This will be accomplished by building close to the street,
relocating parking facilities behind buildings, and mixing residential and commercial uses at
medium intensities, designed to create interest and investment in the immediate
neighborhood.
(B)Density. Max. twenty-five (25) du/ac by right; up to fifty (50) du/ac with density bonus.
(C)F.A.R. Max. 4.0Reserved.
(D)Pervious landscaped lot area. Min. fifteen (15) percent; may be reduced to zero (0) percent
with incentive bonuses (see article 305). Subsection 303-30(E)(4) provides for payment-in-
lieu.
(E)Sustainable building requirements. See article 305.
(F)Parking and loading. See article 306. Parking is permitted only in the second layer. Parking
structures shall be set back from any secondary street by a minimum of thirty (30) feet, which
setback may be occupied by a liner building.
(GF)Landscaping. See article 307.
40 ORDINANCE #2023-
(HG)Signage. See article 308.
(IH)Additional development standards. See article 309.
(JI)Architectural and design standards. See article 525.
(KJ)Generalized permitted uses (see article 302 for specific uses and conditions of use).
Uses Primary
Street
Secondary
Street
Residential Single-Family e
Residential Multifamily ✓ ✓
Commercial (Mixed Use
Compatible)
✓ *
General Commercial ✓
Restricted Commercial *
Entertainment ✓
Lodging ✓
Civic and Institutional ✓
Transportation ✓
Industrial
✓ - Permitted use.
* - Restrictions apply.
e - See Section 301-30.
(LK)Building placement standards.
Diagram
Key
NP = not
permitted
Primary
Street
Secondary
Street
Shopfront 0′—5′ 0′—15′
with
arcade
0′—10′ NP
Stoop 4′—8′ 4′—8′
Dooryard 8′—12′ 8′—12′
Porch NP 15′ BTL
Balcony
Over
Porch
NP 15′ BTL
"F" Street
Parking
structure
30′ min 30′ min
"C" Corner street
setback
0—15′
"G" Interior side
setback, 1st layer
0′ min. 0′ min.
41 ORDINANCE #2023-
"H" Interior side
setback, 2nd
layer
0′ min. 0′ min.
"I" Rear setback 0′ min. 0′ min.
(ML)Building frontage standards.
Key Standard All Streets
"D" Min. depth
of building
in 1st layer
30′
"E 1 +..+E x
"
Min. % of
lot width
that façade
must be on
BTL
50%
"R" Max. recess
from BTL
15′
(NM)Allowable building and frontage types (see articles 310 and 311 for details) and
minimum lot dimensions.
Frontage Types
Lot
Dimension
Building
Types
Po
r
c
h
Ba
l
c
o
n
y
ov
e
r
Po
r
c
h
Do
o
r
y
a
r
d St
o
o
p
Sh
o
p
f
r
o
nt
Ar
c
a
d
e
W id th
D ep
th
Mansion A,
S
A,
S
75′ 100′
Rowhouse A,
S
A,
P,
S
A,
P,
S
P,
S
75′ 100′
42 ORDINANCE #2023-
Apartment S P,
S
P,
S
50′ 100′
Live-Work P,
S
50′ 100′
Commercial/Mixed
Use
P,
S
P,
S
50′ 100′
Civic See civic building standards
P - Primary street frontage.
S - Secondary street frontage.
A - For through-lot frontages on SW 7th and 10th streets, and SW 1st and 2nd avenues, a landscape
buffer pursuant to section 275-110 is required unless the street frontage is built-out with mansion
or rowhouse building types. Mansions are subject to the development standards of the NBHD-RES
district.
(PN)Upper story setbacks. Ten (10) percent of lot width up to a maximum of thirty (30) feet
required on corner sides (see "J" in diagram). Reserved. for any part of building exceeding
three (3) stories (see "L" in diagram).
(QO)Height. Maximum height, "K", in district is six (6) four (4) stories and seventy (70) feet:
permitted height varies by location. See height map.
(P)Height zones map.
1. The maximum allowable height in this district is based upon proximity to adjacent
residential zoning districts, and a fixed height limit along S. Federal Highway. Allowable
height increases at a rate of one (1) foot per one and two-thirds (1.66) feet foot of
horizontal distance from an adjacent residential zoning district boundary. Therefore,
allowable height within one (1) portion of a property might be different than that
permitted on another portion. Buildings must be designed accordingly.
2. Allowable height is indicated on the map as the base allowable height, plus additional
height that may be authorized by qualifying for height bonuses pursuant to article 305.
3.The allowable height of buildings just outside of the district boundary is shown on the
height map for information purposes.
43 ORDINANCE #2023-
(RQ) Development of property for commercial use must be fronting on Federal Highway or
Sheridan Street, or must be assembled with properties that are fronting on Federal Highway
or Sheridan Street.
Figure 303-26 SFED-MU district height map. [*Revised*]
44 ORDINANCE #2023-
45 ORDINANCE #2023-
Sec. 303-90. NBHD-RES, Neighborhood Residential District.
(A)Intent and purpose. To maintain the overall single-family character of the neighborhoods by
restricting establishment of new two-family dwellings and requiring designs that are
compatible with single-family dwellings.
46 ORDINANCE #2023-
(B)Generalized permitted uses (see article 302 for specific uses and conditions of use).
Uses
Residential
Single-Family
✓
Residential
Multifamily
*
Residential Two-
Family
*
✓ - Permitted use.
* - Restricted pursuant to section 302-20.
(C)Building placement standards.
Diagram
Key
"C" 15′
BTL.
Street Setback*
25′
min.
Principal
building
7′
min.
"G" Interior
side
setback Accessory
structures
5′
min.
Principal
building
15′
min.
"I" Rear
setback
Accessory
structures
5′
min.
47 ORDINANCE #2023-
(D)Building frontage standards.
Key Standard
"D" Minimum depth of building in first layer N/A
"E 1 +..+Ex" Percentage of lot width for which a building must be
built at the built-to-line
50%
"R" Maximum recess from BTL N/A
(E)Height. Maximum of two (2) stories and twenty-five (25) feet except as provided in section
302-20(A)(2)(b). See "K" in diagram.
(F)Allowable building and frontage types (see articles 310 and 311 for details) and required lot
dimensions.
Frontage types
Lot Dimension
Building Types
Po
r
c
h
Ba
l
c
o
n
y
o
v
e
r
Po
r
c
h
Do
o
r
y
a
r
d
St
o
o
p
Width Depth
Single-Family * ✓ ✓ 60' 90'
Duplex * ✓ ✓ 80' 100'
Mansion * ✓ ✓ 80' 100'
Rowhouse * ✓ ✓ ✓ ✓ 100' 100'
Apartment * ✓ ✓ ✓ ✓ 160' 100'
✓ Permitted frontage type
* Restricted pursuant to section 302-20
48 ORDINANCE #2023-
(G)Pervious open space. Min. thirty-seven (37) percent.
(H)Parking.
(1) Parking spaces and driveways for dwellings built to the fifteen (15)-foot BTL
requirement in subsection (C) must be built to the requirements below:
a. Parking spaces and driveways are not permitted in the front yard except within
twenty (20) feet of one (1) interior side lot line (see Figure 303.70).
b. Only one (1) driveway within the front yard is permitted as shown.
c. An opaque fence or opaque landscape buffer is required along a side lot line
adjacent to a driveway.
d. If the property does not have alley access, a garage may be provided with access
from the primary or secondary street.
(2) Parking spaces and driveways for dwelling units with twenty (20)-foot setback or greater
may be built as identified below:
a. Parking spaces and driveway may be located in the front yard if the minimum
required dimensions are provided.
b. A garage may be located at the front of the residential structure provided building
setbacks are met.
c. A circular driveway may be installed in the front yard provided a minimum of three-
foot setback is provided between the edge of driveway and interior side property
line on each side. Each curb opening must be a minimum of ten (10) feet. The
minimum radius measured from the property line is five (5) feet.
(I)Sustainable building requirement. See article 305.[Parking requirements.] For parking
requirements see article 306.
(J)Landscaping. See article 307.
(K)Signage. See article 308.
(L)Additional development standards. See article 309.
(M)Architectural and design standards. See article 530.
Page 49 of 73
Sec. 303-100. Marine district.
(A)Intent and purpose. The purpose of the Marine district is to further the goals of the CRA
Redevelopment Plan, and to encourage expansion of the marine industry by permitting marine
uses which are primarily conducted within a building and which have limited impact outside
the building. Some marine uses are permitted to be located outside of a completely enclosed
building, subject to conditions or special exception approval. This district is also intended to
permit some marine-related commercial uses, as either a permitted use or a special exception
use.
(B)Permitted uses (see article 110 for specific uses and conditions of use).
(C)Building placement standards.
STANDARD
Street setback * 30′ min.
Yard abutting
residential *
50′ min.
Interior side
setback **
20′ min.
Rear setback ** 15′ min.
* The first ten (10) feet adjacent to any street or public thoroughfare line shall be landscaped and
shall not contain parking
** The first five (5) feet adjacent to any lot line shall be landscaped and shall not contain parking.
(D)Height: maximum of three (3) stories and twenty-five.
(E)Percentage of lot coverage: no more than seventy (70) percent of total lot area shall be
covered by buildings or structures.
(F)Sustainable building requirements. See article 305.
(G)Parking and loading. See article 306.
(H)Landscaping. See article 307.
(I)Signage. See article 308.
(J)Additional development standards. See article 309.
(K)Architectural and design standards. See article 525.
ARTICLE 304. BUILDING HEIGHT AND TRANSITION REGULATIONS
50 ORDINANCE #2023-
Sec. 304-10. Generally.
(A)[Maximum building height.] Maximum building height is determined by the maximum height
map and textual standards for each district. Additionally, in the City Center District, there are
minimum lot size and lot dimensions required in order to achieve the maximum permitted
height. The height map for each district shows the maximum building height and number ofin
stories both with, and without, the awarding of height incentive bonuses. Therefore, the
maximum height shown on the maps is possible only when the developer earns an adequate
level of incentive bonuses pursuant to article 305 to allow a project achieve the maximum
height shown on the map.
(AB)[Allowable heights.] The allowable heights shown on the height map for in each district
is determined by:
(1) Maximum permitted district height;
(2) Maximum permitted height along a given street or street segment, as applicable;
(3) Maximum permitted height adjacent to the FEC Railroad corridor;
(34) Transitional height standards adjacent to neighborhood residential zoning districts.
(C)Transitional height zones. The maps showing maximum permitted height throughout each
zoning district include transitional height zones in those portions of mixed-use districts where
the allowable height varies with distance from single-family residential neighborhoods and
the Florida East Coast Railroad (FEC) right-of-way. Transitional height zones are established
to transition building height adjacent to neighborhood residential district boundaries and the
FEC railroad right-of-way. Height within a transitional height zone is based upon a formula
of allowable height per distance from the adjacent neighborhood or FEC right-of-way.
feature. The transitional height zone is also applied to each development site within the
GTWY-MU District because allowable building height varies based upon the distance of a
building, or portion of a building, from property lines.
(CD)[Exceptions.] The following structures may exceed the maximum height of a limit for
buildings or and structures by the lesser of twenty-five (25) percent or fifteen (15) feet:
(1) Rooftop structures for the housing of solar panels, elevators, stairways, tanks, skylights,
ventilating fans, air conditioning or similar equipment required to operate and maintain
the building
(2) Radio, television and telecommunication antennae, whether freestanding or roof-
mounted.
(E)[Additional exceptions.] The following structures may exceed the maximum height limit for
of a buildings and or structures by not more than twenty-five (25) percent:
(1) Cupolas, steeples, chimneys and other decorative rooftop projections, provided that the
aggregate coverage of all such structures does not exceed twenty-five (25) percent of the
total roof area.
(F)[Exception for ham radio antennas.] Ham radio antennas may exceed the maximum height
limit for of buildings and or structures by forty (40) percent, not to exceed one hundred fifty
(150) feet.
51 ORDINANCE #2023-
Sec. 304-20. Rules of height transition from neighborhood residential zoning districts.
(A) When a lot line or alley forms a boundary between a neighborhood residential zoning district
and a mixed-use zoning district, the minimum setback from said lot line or alley line shall be
as follows for the lot in the nonresidential or mixed-use district:
(1) Fifteen (15) feet measured from an interior side lot line of a lot within a neighborhood
residential zoning district, as illustrated in Figure 304-1.
(2) Twenty-five (25) feet measured from a rear lot line of a lot within a neighborhood
residential zoning district, as illustrated in Figure 304-2.
(B) The maximum allowable building height on the lot within the mixed-use district shall be the
lesser of two (2) stories or twenty-five (25) feet at the minimum setback line, and shall
increase at a constant rate of one (1) foot for each one (1) and two-thirds (1.66) feet foot of
distance from the minimum setback line, as illustrated in Figure 304-2.
1:1
1:
1
52 ORDINANCE #2023-
(C) Where a street centerline forms the boundary between a neighborhood residential zoning
district and a mixed-use zoning district, the following standards shall apply to any lot within
the mixed-use zoning district that abuts the boundary street, as illustrated in Figure 304-3.
(1) The build-to-line along the boundary street shall be fifteen (15) feet.
(2) One (1) of the following building types must be constructed: mansion apartment building
or rowhouse building.
(3) The height of the building shall be exactly two (2) stories not to exceed twenty-five (25)
in height feet for the first fifty (50) feet measured from the BTL. Mansion apartment or
rowhouse buildings may be used as liner buildings or as freestanding buildings on the
lots abutting the boundary street.
(4) At fifty (50) feet measured perpendicular to the BTL, three (3) stories or thirty-five (35)
feet of building height is permitted, and permitted height shall increase by one (1) foot
for each additional one (1) and two-thirds (1.66) feet foot of horizontal distance
measured perpendicular from the BTL.
Sec. 304-30. Rules of height transition adjacent to FEC Railroad corridor.
(A) For lots with a rear or side yard abutting, or separated only by an alley from, the FEC right-
of-way, a maximum building height of three (3) stories and thirty-five (35) feet is permitted
at the minimum setback line, and may increase by one (1) foot for each one (1) foot of
horizontal distance away from the rear setback line, up to a maximum of six (6) stories and
seventy (70) feet. See Figure 304-4 for illustration.
(B) For lots fronting on streets that abut the FEC right-of-way, a maximum building height of
three (3) stories and thirty-five (35) feet is permitted at the street-side BTL, and may increase
by one (1) foot for each one (1) foot of horizontal distance from the street-side BTL, up to a
maximum of six (6) stories and seventy (70) feet.
1:
1
53 ORDINANCE #2023-
ARTICLE 305. INCENTIVESSUSTAINABLE BUILDING REQUIREMENTS.
Sec. 305-10. Applicability.
Sec. 305-20. Schedule of incentives.
The table below shows the amenities that qualify for height, density and impervious area
incentives within the different districts. The amount of the bonuses are delineated below the table.
The developer can determine the type and extent of amenities to provide in order to reach the
maximum permissible height shown on the height maps.
Y = Incentive credit
available
N = Incentive credit not
available
Districts
List of amenities that
qualify for development
incentives
CC EDBB-
MU
SFED-
MU
NBHD-
MU
GTWY-
MU
NBHD
RES
Provide public open space
or paseo [see section 305-
30]
Y N N Y N N
Provide attainable housing
[see section 305-40]
Y Y Y N N N
Use sustainable building
practices [section 305-50]
Y Y Y Y Y N
Provide public parking
[section 305-60]
Y Y Y Y Y N
Provide public parks
[section 305-70]
Y N N N Y N
(A) In the City Center District and the Gateway Mixed-Use District, a development may be
eligible for a density and height bonus not to exceed a maximum of two (2) stories and thirty
54 ORDINANCE #2023-
(30) du/ac subject to the maximum density and height limitations established under the
applicable zoning district. The public park incentive fee shall be calculated pursuant to section
305-70(b), which shall be applied to the city's park fund for park land acquisition or park
improvements. The full public park incentive fee shall be paid in order to exercise any density
or height bonus or combination thereof, under this section. The full public park incentive fee
shall be paid regardless of whether the use of the density or height bonus is limited by the
maximum density or height established under the applicable zoning district or the applicant
chooses not to exercise portions of the height or density bonuses. Eligibility for a density and
height bonus under this section shall require development containing a minimum of twenty-
five (25) dwelling units.
(B) The public park incentive fee shall be equal in value to fifty cents ($0.50) per square foot of
estimated residential gross floor area.
(C) For purposes of this section, residential gross floor area shall be defined as the sum of the
habitable horizontal area of all residential floors of all stories of a residential building or
structure under a roof, and including, interior amenity areas, clubhouses, lobby areas however
excluding private garages, maintenance areas, utility areas, operational areas, storage closets,
electrical and mechanical facilities, balconies, stairwells, elevators, basements and
subbasements, covered parking, loading areas, and parking structures.
(D) The contributions referenced in this section are calculated in 2014 dollars and shall be
adjusted by the Consumer Price Index on an annual basis.
(E) Payment of the public park incentive fees shall be made prior to issuance of a building permit.
Sec. 305-30. Incentives for providing public open space.
(A) In the Neighborhood Mixed-Use District, one (1) story and ten (10) du/ac for a minimum two
thousand five hundred (2,500) sf open space that complies with article 312, or a pedestrian
paseo that complies with section 309-20. The open space or paseo shall satisfy one hundred
(100) percent of the pervious open space requirement for the lot that provides it.
(B) In the City Center District, two (2) stories and twenty (20) du/ac for a minimum two thousand
five hundred (2,500) sf open space that complies with article 312, or pedestrian paseo that
complies with section 309-20, and one (1) story and ten (10) du/ac for each full additional
one thousand five hundred (1,500) sf of open space that complies with article 312. The open
space or paseo shall satisfy one hundred (100) percent of the pervious open space requirement
for the lot that provides it.
(C) Adjoining lots can each contribute a portion of a single open space and earn the bonus. The
bonus shall be allocated among the lots proportionate to the open space contribution as agreed
between the property owners in a binding development agreement or other instrument
acceptable to the city attorney.
(D) This intensity bonus is available at the determination of the city commission or designee based
upon whether the any given location is appropriate and desirable for open space.
(E) The standards for provision of public open space for incentive credit shall be as provided in
article 312.
55 ORDINANCE #2023-
Sec. 305-40.Incentives for providing attainable housing.
(A)Definition. Attainable housing shall mean "workforce," "moderate workforce" and "low-
income" as defined by the Administrative Rules Document of the Broward County Land Use
Plan, article 8, and includes both owner-occupied and rental housing.
(B)[Workforce-income unit bonus.] Bonus of one (1) market-rate dwelling unit for each unit in
the building that is workforce-income, up to the maximum density allowed in the district. One
(1) additional story shall be permitted for every ten (10) du/ac of bonus market-rate units that
are awarded, or fraction thereof.
Example: a one-acre lot within the SFED-MU District is permitted to build twenty-five (25) du
(25/ac) by right and up to fifty (50) du/ac through the attainable housing bonus. Of the twenty-
five (25) permitted units, all will be workforce-income units, which allows a bonus of twenty-
five (25) market-rate units. The developer may now construct fifty (50) du (25 + 25), which
does not exceed the maximum fifty (50) du/ac density allowed with bonuses. The twenty-five
(25) bonus units equal a bonus density of twenty-five (25) du/ac, which divided by ten (10)
du/ac per story equals two and one-half (2.5), rounded to three (3) bonus stories.
(C)[Moderate workforce-income unit bonus.] Bonus of three (3) market-rate dwelling units for
each moderate workforce-income unit up to the maximum density allowed in the district. One
(1) additional story shall be permitted for every ten (10) du/ac of bonus market-rate units that
are awarded, or fraction thereof.
Example: a one-acre lot within the SFED-MU District is permitted to build twenty-five (25) du
(25/ac) by right and up to fifty (50) du/ac through the attainable housing bonus. Of the twenty-
five (25) permitted units, the developer incorporates eight (8) moderate-income units, which
allows a bonus of twenty-four (24) market-rate units. The developer may now construct forty-
nine (49) du (25 + 24), which does not exceed the maximum fifty (50) du/ac density allowed
with bonuses. The twenty-four (24) bonus units equal a bonus density of twenty-four (24)
du/ac, which divided by ten (10) du/ac per story equals two and four-tenths (2.4), rounded to
three (3) bonus stories.
(D)[Low-income unit bonus.] Bonus of five (5) market-rate dwelling units for each low-income
unit up to the maximum density allowed in the district, provided that no additional bonus
units are available for providing low-income units in excess of fifteen (15) percent of the
number of dwelling units in the building. One (1) additional story shall be permitted for every
ten (10) du/ac of bonus market-rate units that are awarded, or fraction thereof.
Example: a one-acre lot within the SFED-MU District is permitted to build twenty-five (25) du
(25/ac) by right and up to fifty (50) du/ac through the attainable housing bonus. Of the twenty-
five (25) permitted units, the developer incorporates five (5) low-income units, which allows
a bonus of twenty-five (25) market-rate units. The developer may now construct fifty (50) du
(25 + 25), which does not exceed the maximum fifty (50) du/ac density allowed with bonuses.
The five (5) low-income units also does not exceed 15 percent of the number of units in the
building (five (5) units is ten (10) percent of fifty (50) units). The twenty-five (25) bonus units
equal a bonus density of twenty-five (25) du/ac, which divided by ten (10) du/ac per story
equals two and one-half (2.5), rounded to three 93) bonus stories.
56 ORDINANCE #2023-
(E)[Combined bonuses.] Bonuses may be combined for providing different degrees of attainable
housing within one development site.
(F)[Eligibility requirements.] In order to be eligible for density and height bonuses under this
section, the developer shall first guarantee the attainability of the unit for the specified income
level as either rental or owner-occupied housing for a period of at least thirty (30) years via a
restrictive covenant in a form acceptable to the city attorney may require. The city
commission may establish a one-time fee applicable to each development that receives bonus
units to offset the cost of administering the attainable housing program.
Sec. 305-10. Applicability.
All City buildings greater than 50,000 square feet in enclosed floor area shall comply with the
requirements of this article.
Sec. 305-50. Sustainable building practices; voluntary green building/development program.
(A)Overview. The CRA green building/development program is a voluntary program that
developers may choose to participate in, for which incentives outlined in this section shall be
awarded. Development incentive credit for sustainable ("green") building practices be
awarded based upon qualifying site design, construction and possibly, as applicable,
operational practices.
Sec. 305-20. Green building; green building practices.
(B)Green building; green building practices. Green building practices refers to building and
building site design, materials and construction techniques that minimize demand for
nonrenewable material and energy resources, water consumption, and minimize the
generation of waste products, pollution, and stormwater runoff. Green building practices are
generally consistent with the techniques used to achieve certification of construction and
development through third-party the green building and development certification programs
including of the U.S. Green Building Council Leadership in Energy and Environmental
Design (LEED) ,and the Florida Green Building Coalition, and Florida Green Lodging.
(C)Rating organizations. This program awards credits based on selected third-party green
building/development certification programs, including, but not limited to, the Florida Green
Building Coalition, Florida Green Lodging, and U.S. Green Building Council Leadership in
Energy and Environmental Design (LEED).
Sec. 305-30. Third party certification required.
(A)The City shall formally apply for third-party certification with the selected third-party green
building/ development rating organization, which includes meeting all the submittal,
application and fee requirements for the selected third-party certification.
(B)Projects subject to this article must achieve at least a gold-level certification.
(D)Approval of established third-party standards. Applicants seeking to participate in the
voluntary green building/development program are required to schedule a preliminary
57 ORDINANCE #2023-
development application meeting with the community development director. At the
preliminary development application meeting, the applicant shall identify the third-party
green building/development standards proposed to be incorporated in the project design and
implementation, and provide a copy of the standards to city staff the community development
director for review. If the standards of a third-party certification program other than those
listed in [subsection] (B) are proposed, the city staff [and] the community development
director will review the standards of the rating organization certification program intended to
be used by the applicant and notify the applicant if the proposed program and standards are
accepted or rejected for the voluntary green building/development program.
(E)Review process and certification options. Applicants seeking to participate in the voluntary
green building/development program must choose to either:
(1) Formally apply for third-party certification with a selected third-party green building/
development rating organization approved by the community development director, which
includes meeting all the submittal, application and fee requirements for the selected third
party certification; or
(2) As an alternative to formal application for third-party organization certification the
applicant may participate in the city's cost-recovery green building/development review
process. The community development director shall review and verify the third-party
green building/development standards proposed to be incorporated in the project design
and implementation. The applicant shall document compliance with all of the third-party
certification criteria to the satisfaction of the community development director.
(F)Minimum submittal requirements for applying for voluntary green building or development
program/receipt of incentives. Site development plan submittal requirements to participate in the
voluntary green building/development program shall include the following:
(1) Documentation that the applicant has participated in the preliminary development
application meeting and has received approval from the community development
director to utilize the third party green building/development standards used in the site
development plan submittal.
(2) Written statement identifying the review option selected by the applicant (demonstration
of formal third-party certification of the project, or community development director
verification of project compliance with third-party green building/development
standards through cost-recovery based review).
(3) A completed residential green development/building checklist, with a narrative
explanation of how the green building measure is being incorporated.
(4) The city shall require that the proposal exceed the number of points necessary for
incentive credit under this section by a margin to be established administratively for each
third-party certification program. The intent is to ensure certification as best possible in
the event that a given green measure fails to qualify after construction is completed.
(5) A notarized affidavit from the project architect demonstrating that the approved green
building measures have been incorporated into the project plans.
(6) Project site and engineering plans that clearly detail all green building measures which
are intended to qualify for incentives.
58 ORDINANCE #2023-
(7) A notarized affidavit certifying that a green building expert professional certified or
accredited by a third-party green building and development rating organization deemed
acceptable by the community development director is a part of the development team
and shall remain part of the project team throughout its duration (i.e., from the design
stage through final building inspection/issuance of certificate of occupancy).
(G)Incentives.
(1) Developments that meet all of the criteria for certification under a third-party program,
in accordance with [subsection] (D) above, plus the additional point margin to be
established administratively by the city, shall be awarded four (4) stories and twenty-
eight (28) du/ac as a bonus, subject to the maximum height and density limitations of the
applicable district, as well as a five (5) percent impervious area bonus.
(2) Developments that qualify for at least one-half (½) of the total number of points required
for third-party certification pursuant to subsection (E)(2), plus the additional point
margin to be established administratively by the city, shall be awarded two (2) stories
and fourteen (14) du/ac as a bonus, subject to the maximum height and density
limitations of the applicable district.
(H)Performance bond. Participants in the voluntary green building program, prior to issuance of
a Certificate of Occupancy, shall post a performance bond, letter of credit or other form of
surety approved by the city attorney.
(1) The amount of the required performance bond, letter of credit or other approved form of
surety shall be calculated as follows for projects seeking the incentive bonus for meeting
third-party certification requirements:
(a) Four (4) percent of the total cost of construction for a development of less than one
hundred thousand (100,000) square feet of building area.
(b) Three (3) percent of the total cost of construction for a development of up to two
hundred thousand (200,000) square feet of building.
(c) Two (2) percent of the total cost of construction for any building greater than two
hundred thousand (200,000) square feet.
(2) The amount of the required performance bond for projects seeking an incentive bonus
for earning at least one-half of the points needed for third-party certification shall be
one-half (½) of the bond amount required in paragraph (1).
(3) In the event the completed development does not achieve the third-party certification or
the number of points for which the incentive bonus was based, a portion of the surety
shall be forfeited in an amount equal to the percentage of the required third-party point
total not earned. However, if the development does not qualify for at least ninety (90)
percent of the number of points required to earn the bonus, the entire bond amount shall
be forfeited.
(4) The city may call on the performance bond if:
(a) The third-party certification is not achieved within one (1) year of the city issuance
of the certificate of occupancy for the building; or
59 ORDINANCE #2023-
(b) In the case of city verification of credits in accordance with paragraph (G)(2), if the
community development director determines that the development does not qualify
for the credits upon which the incentive bonus is based within one (1) year of the
city issuance of the certificate of occupancy for the building. Funds that become
available to the city from the forfeiture of all or part of the surety shall be placed in
the sustainable development fund established by the city, which shall be used to
fund sustainable and energy-efficient city-initiated capital projects including, but
not limited to, water-efficient landscaping, open space acquisition and
improvements, traffic calming, public transportation-related improvements,
pollution mitigation, sustainability improvements to public facilities, or similar
improvements as deemed appropriate by the city commission.
Sec. 305-60. Provide public parking.
Bonus of one (1) story, five (5) du/ac, and two and one half (2.5) percent impervious area for
each ten (10) public parking spaces provided to the city for public parking use through city
approval of dedication of the spaces for public use, or for payment in lieu of off-street parking in
accordance with section 265-92 through provision of a shared parking agreement in a form
approved by the city attorney, which shall restrict the spaces for public use, and shall run with the
subject property in perpetuity. The intensity bonus shall not exceed the maximum height, density
and minimum impervious area limitations of the applicable district.
Sec. 305-70. Incentives for public parks.
(A) In the City Center District and the Gateway Mixed-Use District, a development may be
eligible for a density and height bonus not to exceed a maximum of two (2) stories and thirty
(30) du/ac subject to the maximum density and height limitations established under the
applicable zoning district. The public park incentive fee shall be calculated pursuant to section
305-70(B), which shall be applied to the city's park fund for park land acquisition or park
improvements. The full public park incentive fee shall be paid in order to exercise any density
or height bonus or combination thereof, under this section. The full public park incentive fee
shall be paid regardless of whether the use of the density or height bonus is limited by the
maximum density or height established under the applicable zoning district or the applicant
chooses not to exercise portions of the height or density bonuses. Eligibility for a density and
height bonus under this section shall require development containing a minimum of twenty-
five (25) dwelling units.
(B) The public park incentive fee shall be equal in value to fifty cents ($0.50) per square foot of
estimated residential gross floor area.
(C) For purposes of this section, residential gross floor area shall be defined as the sum of the
habitable horizontal area of all residential floors of all stories of a residential building or
structure under a roof, and including, interior amenity areas, clubhouses, lobby areas however
excluding private garages, maintenance areas, utility areas, operational areas, storage closets,
electrical and mechanical facilities, balconies, stairwells, elevators, basements and
subbasements, covered parking, loading areas, and parking structures.
(D) The contributions referenced in this section are calculated in 2014 dollars and shall be
adjusted by the Consumer Price Index on an annual basis.
60 ORDINANCE #2023-
(E) Payment of the public park incentive fees shall be made prior to issuance of a building permit.
ARTICLE 310. BUILDING TYPES
Sec. 310-10. Residential building types.
(A)Single-family detached dwelling. A detached dwelling unit located upon its own lot, having
usable front, side and rear yards. This building type has the greatest setback from the street
of all residential types, and the greatest overall combined yard area. This type is appropriate
in established neighborhoods predominated by single-family detached dwellings and two-
family dwellings. A porch frontage or balcony over porch frontage is required.
(B)Two-family (duplex) dwelling. A dwelling containing two (2) dwelling units that may be
attached vertically or horizontally. A porch frontage or balcony over porch frontage is
required. See section 525-40 for design standards applicable to two-family dwellings.
(C)Mansion apartment house. Three (3) or more apartments within a dwelling designed to appear
like a large single-family detached dwelling with usable front, side and rear yards. The
apartment units may be arranged vertically, horizontally, or both. Parking is permitted in the
rear yard and one side yard. Side yards must be fenced. See section 525-40 for design
standards applicable to mansion apartment houses.
(D)Rowhouse dwelling. A dwelling containing three (3) or more dwelling units built close to the
street line, and attached side-to-side with each unit spanning the front yard to rear yard. All
units must front a public street. Ground-floor units must access the street frontage through a
porch, dooryard or stoop frontage. When designed with party walls and one (1) unit from
ground to roof, townhouse units may be owned in fee simple with the land upon which
situated. Stacked townhouses or stacked flats take on the same form as townhouse buildings,
except that upper-floor units are accessed from internal foyers connecting to stairwells.
Maximum height is five (5) stories. Parking is in the rear. Side yards must be fenced or
garden/street wall used unless the yard is used for driveway access to the rear yard.
(E)Apartment building. A dwelling located at, or close to, the street line, containing four (4) or
more apartment units. This type is also used for hotels without commercial uses. Numerous
configurations are possible, using double loaded corridors or lobbies on each floor, off of
which units are accessed, or courtyard frontages where units are accessed directly from the
courtyard. Apartment buildings must have a minimum two (2) stories and can take the form
of high-rise towers. Dooryard, stoop, or balcony over porch frontages must be used.
Apartment buildings under five (5) stories in height must provide individual access to each
ground-floor unit fronting the street. Apartment buildings five (5) stories and higher may
61 ORDINANCE #2023-
provide a central lobby entrance instead, using a permitted frontage type. The upper stories
of an apartment building may be the same as those for a commercial/mixed-use building.
Parking shall be in the rear, and may include structured parking. Interior side yards must be
fenced or street wall used pursuant to section 307-30 unless the yard is used for driveway
access to the rear yard.
Sec. 310-20. Nonresidential and mixed-use building types.
(A)Commercial/mixed-use building. A building located at or close to the street line, with ground
floor devoted to commercial use, and upper floors devoted to commercial, lodging, or
residential use, provided that commercial use floors shall not be located above residential use
floors. Interior side yards must be fenced or a garden/street wall used unless the yard is used
for driveway access to the rear yard. The shopfront or modified shopfront are the permitted
frontage types, provided that modified shopfronts are not permitted within the City Center
core.
(B)Live/work building. A building containing the primary places of work for occupants of
attached dwelling units. Live/work buildings are located at or close to the street line,
characterized by ground floor work units each connected to a dwelling unit located behind
the work unit on the ground floor, above the work unit on an upper floor, or both. Work spaces
may extend to upper floors. Additional work units and residential units may be located on
upper floors, provided that work units and dwelling units are each stacked, such that no
residential unit shares a floor or ceiling with a work space other than the one to which it is
connected. Permitted frontage types are shopfront and modified shopfront. Interior side yard
requires a garden/street wall unless the yard is used for driveway access to the rear yard.
(C)Civic building. A building containing public governmental or civic uses such as governmental
centers, schools, museums, convention centers, performing arts centers, or places of worship.
Civic buildings represent physical symbols of the city's social, cultural, educational, and
governmental activities. The physical composition of civic buildings should result in
distinction from common buildings used for dwelling and business. The building should be
situated prominently on its site, many times set back from the street with public open space.
Therefore, new civic buildings and alterations to existing civic buildings require city
commission approval of the building design, orientation and placement upon the lot.
Accordingly, the city commission may waive the following requirements of the CRA form-
based zoning regulations to the extent that the proposed site plan furthers the intent of this
subsection:
(1) District site development standards;
(2) Architectural design standards;
(3) Frontage type standards.
62 ORDINANCE #2023-
ARTICLE 311. FRONTAGE TYPES
Sec. 311-10. Generally.
(A) The front of every building must face a street. The rear of a building, loading zones, overhead
doors and service entries are prohibited on street-facing façades.
(B) Buildings shall provide a permitted frontage type along the street frontage. All principal
buildings shall have a principal entrance opening to a public sidewalk along a street, public
plaza, or private courtyard that opens to the street, consistent with a permitted frontage type.
63 ORDINANCE #2023-
The principal entrance shall not open onto a parking lot. Furthermore, all buildings must
provide entrances to individual ground-story shopfronts or dwelling units along the public
sidewalk, plaza or courtyard unless otherwise provided in the building type regulations.
(C) Corner lots that have frontage on two (2) streets are required to have entrances only on the
principal street frontage. Streets designated as primary streets in the district regulations shall
always be the principal street frontage. Corner lots at the intersection of two (2) primary
streets shall either treat both streets as primary frontages or shall treat the street with the
longest frontage along the block face as the primary frontage.
(D) Building façades shall be built parallel to the street line, or parallel to the tangent of a curved
principal frontage line. This provision is not intended to limit or preclude alcoves or variations
in the plane of the street-front façade, nor the provision of plazas.
(E) Secondary corner streets within all districts other than the neighborhood residential district
shall be treated as follows:
(1) The building shall be built to the BTL of both streets within thirty (30) feet of the corner
unless the corner is a dedicated public plaza.
(2) Fenestration and architectural detailing shall be provided to the greatest extent possible
along the secondary street pursuant to the applicable frontage type and design standards.
Any portion of the secondary street frontage not built to the BTL shall provide a
minimum five-foot-wide planting strip placed at the back edge of the sidewalk, and a
street wall shall be built at the back edge of the planting strip pursuant to the design
standards of this article.
(F) All stories above the ground story shall provide between thirty (30) and sixty (60) percent
fenestration.
Sec. 311-20. Frontage type definitions and standards.
(A)Porch frontage. A covered entry and outdoor room, elevated between eighteen (18) inches
and three (3) feet above the sidewalk, used in conjunction with front yards, that may extend
forward of the building façade as a yard encroachment. A low fence no more than three (3)
64 ORDINANCE #2023-
feet above the sidewalk may be used at the edge of the sidewalk in combination with a porch
when the porch is set back from the sidewalk. Alternatively, a retaining wall not higher than
three (3) feet may be used to raise the front lawn with steps leading through the retaining wall
connecting the sidewalk with porch, provided that adequate on-site stormwater retention is
provided. A variety or porch designs are possible using the following standards:
(1) Eight (8) feet minimum depth;
(2) Twelve (12) feet minimum width;
(3) Eight (8) feet minimum vertical clearance from floor to ceiling for retrofits, but ten (10)
feet is ideal.
(B)Balcony over porch frontage. A frontage where the second-floor balcony or terrace extends
completely above the first-floor porch and forms its roof. This pattern may be repeated up to
and including a fourth floor.
(C)Dooryard frontage. A shallow yard, generally eight (8) to twelve (12) feet in depth, open to
the sky, separates the sidewalk and building façade. Accordingly, the minimum street setback
is eight (8) feet and the maximum street setback is twelve (12) feet, except that a greater BTL
may be required in district edge conditions. The yard may be at grade and separated from the
sidewalk by a low decorative translucent fence of four (4) feet maximum height, or a terrace
elevated not more than three (3) feet above the sidewalk that may also utilize a low decorative
translucent fence. Residential dooryards can be open for the use of the dwelling occupants,
but should be landscaped for greatest privacy. A terrace is suitable for an outdoor café as the
eyes of diners are at the same level as passersby on the sidewalk. Upper-story balconies may
extend up to four (4) feet forward of the BTL.
(D)Stoop frontage. An exterior stair and landing at a building entrance that extends forward of
the BTL as an encroachment, located close to the street line and elevated between one (1) and
eighteen (18) inches and three (3) feet above the sidewalk, securing privacy for the windows
and front rooms, and demarcating a vertical transition from public to private realms. This type
is suitable for ground-floor residential use, and may be interspersed with the shopfront
65 ORDINANCE #2023-
frontage type. The street setback for a stoop frontage shall be the depth of the stoop, which
shall be not less than four (4) feet and not more than eight (8) feet, unless the standards for a
given district require a BTL that is further back from the street line, in which case the stoop
shall not encroach further than six (6) feet forward of the BTL. Upper-story balconies may
extend up to four (4) feet forward of the BTL. A variety of stoop designs are possible with
the following standards:
(1) Three (3) feet minimum platform depth, four (4) feet minimum overall depth;
(2) Three (3) feet minimum width;
(3) Stoops must correspond directly to the building entry(ies);
(4) Stoops may be covered by an awning or shed-type roof extending up to five (5) feet
forward of the building façade for the width of the stoop.
(E)Shop frontage and modified shop frontage. A frontage in which a highly fenestrated façade
is placed at or near the street line and the entrance is at sidewalk grade.
(1) The shopfront type is conventional for retail use, and requires a minimum of seventy
(70) percent translucent glazing on the ground floor, with the window bottoms no higher
than two (2) feet above the sidewalk. The modified shop frontage requires between thirty
(30) and seventy (70) percent translucent glazing on the ground floor between three (3)
and eight (8) feet above sidewalk grade. The modified shopfront is ideal for ground-
story office use and live/work units. Modified shop fronts are not permitted within the
core of the City Center District, and shall not be utilized for buildings intended to house
retail uses.
(2) Shopfront store entrances should be recessed, not flush, with the edge of the building
façade, to provide shelter for persons entering and exiting, to articulate the façade, and
to provide maximum window display area at the entrance (the recess allows the angling
the shop windows at a forty-five-degree angle from the façade to the entry). Modified
shop front entries should not be recessed.
(3) Street frontage façades shall have entryways at reasonable intervals, typically no more
than fifty (50) feet apart. Ground level façades that face the street shall be designed with
entrances, windows, display windows, or other display devices.
(4) Shopfronts and modified shopfronts must be combined with one (1) of the following
elements:
(a) Gallery roofs (attached cantilevered shed or lightweight colonnade) are required to
overlap the sidewalk to within three (3) feet of the curb face. The gallery roof may
66 ORDINANCE #2023-
form a balcony for an upper floor. This pattern may be repeated for up to four (4)
stories.
(b) Awnings, which may be constructed of flexible or rigid materials, shall project from
the building façade a minimum of seven (7) feet forward of the façade, and may
extend over the sidewalk to within one (1) foot of the street tree planting trench or
grates. Awnings shall extend along a minimum of eighty (80) percent of the
building frontage, excluding recesses from the BTL for forecourts and courtyard
frontages. Balconies on upper stories shall not project forward of the BTL with
shopfront/awning frontage.
(c) Arcades are colonnades supporting habitable space above, that extend a minimum
ten (10) feet forward of the ground story façade at all points, and overlap the
sidewalk. The arcade may extend to within three (3) feet of the curb face (provided
there is no conflict with street trees and street light poles), or may be set back further
provided there is a minimum ten (10) feet between the curb face and colonnades.
The ground floor façade shall be located at the BTL, or behind the BTL if permitted
by the applicable district regulations. Upper stories of the building may be built
over the arcade.
(F)Forecourt frontage. This frontage type is permitted as a supplemental frontage for
commercial/mixed-use and live-work buildings. This frontage type features a façade that is
built to the BTL but with the central portion being recessed and uncovered. This type must
be used in conjunction with other frontage types. A forecourt may be used sparingly in
conjunction with a shopfront, gallery or arcade frontage, and is suitable for gardens, outdoor
dining, or in some cases, vehicular dropoff. A fence or wall at the BTL, not exceeding four
(4) feet in height with a pedestrian opening, may be provided to define the space of the court.
A variety of forecourt designs are possible with the following standards:
(1) The court must be between ten (10) feet and thirty (30) feet in depth, and between ten
(10) feet in width and not wider than fifty (50) percent of the building's street frontage.
(2) Courts between ten (10) feet and fifteen (15) feet in depth should be at least seventy-five
(75) percent paved and enhanced with landscaping.
67 ORDINANCE #2023-
(3) Courts between fifteen (15) feet and thirty (30) feet in depth must be designed with a
balance between paving and landscaping, such that the paved area should comprise
between fifteen (15) and seventy-five (75) percent of the court.
(G)Courtyard frontage. This frontage type is permitted as a supplemental frontage for
commercial/mixed-use, live-work and apartment buildings. Courtyard buildings are actually
building types as much as they are frontage types, but are treated as frontage types because
they can be combined with multiple building types. Courtyards are frontage and building type
combination in which the building substantially occupies the boundaries of its lot, and the
building frontage opens up into an internal yard provided in the form of a courtyard.
(1) The courtyard entrance may be fully open to the street or may be accessed through a
wide opening in the façade over which upper stories extend. The courtyard may be
defined by a single building or multiple buildings on the lot that are arranged so as to
enclose the courtyard on three (3) or four (4) sides, or may enclose the courtyard at least
two (2) sides, forming a linear courtyard that extends between parallel block faces or
between a street to a parking facility, much like a wider and more functional version of
a paseo. A linear courtyard frontage is useful in linking two parallel streets, such as
Federal Highway and East or West 1st Avenues, and may be used in lieu of a paseo.
Most typically, courtyards are enclosed on three (3) sides by a single building that is
roughly "U" shaped.
(2) In a commercial block, this type should be used sparingly in conjunction with other
frontage types, with the sum total of actual courtyard openings along a block limited to
twenty (20) percent of the block face. A courtyard is suitable for gardens, outdoor dining,
or in some cases, a vehicular drive. A fence or wall at the street line not exceeding four
(4) feet in height with a pedestrian opening may be provided to define the space of the
court.
(3) The courtyard width must be at least fifteen (15) feet and not more than fifty (50) feet,
and the courtyard opening to the street must not comprise more than fifty (50) percent
of the building width at the BTL (or in the case of a linear courtyard, the combined width
of buildings on each side of the courtyard).
(4) Courtyards must be designed with a balance between paving and landscaping, such that
the paved area should comprise no more than fifty (50) percent of the courtyard.
(5) All ground-floor dwelling units or nonresidential suites fronting the courtyard shall have
primary access from the courtyard. Upper-level units may also have access from the
courtyard via exterior stairways. Use of double loaded corridors is discouraged, in favor
of having all units/suites fronting either the street, courtyard or both with external direct
access to each unit or suite.
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(6) The courtyard frontage in combination with an apartment building requires a minimum
setback of ten (10) feet from any interior lot line wherever windows will face such
property lines. A minimum five-foot-wide landscape buffer shall be provided along such
lot lines to create privacy.
(7) The street BTL for courtyard frontages shall be the same BTL required for shopfront,
porch or stoop frontages used in combination with the courtyard.
(8) Nonresidential courtyards shall be accessible to the public for at least the time of normal
business hours.
(9) Required street frontages shall be continued throughout the courtyard, with entries to the
courtyard, business and storefronts within the courtyard designed and lighted so they are
safe and visible to courtyard guest, avoiding hiding places.
(10) Courtyards should provide at least one sitting place for each one hundred (100) square
feet of courtyard in addition to any permitted outdoor dining provided.
(11) Courtyards should have adequate mix of sun vs. shaded area; no more than fifty (50)
percent of the courtyard should be covered with a roof.
(12) No vehicular access, loading, or parking is permitted.
(13) At least ten (10) percent of the courtyard surface shall be landscaped. Shade trees and
gardens are encouraged.
ARTICLE 312. CIVIC OPEN SPACE; STANDARDS AND GUIDELINES
Sec. 312-10. Generally.
The following areas shall qualify as open space to satisfy minimum open space requirements
and qualify for open space incentives: landscaped areas; plazas; courtyards; pocket parks; and
paseos. All such areas must comply with the standards of this article and the urban design standards
of article 525 in order to satisfy open space requirements and qualify for incentive bonuses
pertaining to provision of open space.
Sec. 312-20. Plazas.
(A)Definition. Plazas are pedestrian-friendly open spaces that extend the public realm from the
street or sidewalk to the main entry of an adjacent building. Plazas are designed to facilitate
public gatherings and congregations. Plazas are usually provided in front of a multistory
building, which incorporate urban design elements such as special pavers, public art,
architectural elements and water features.
(B)Size. Plazas shall be a minimum of two thousand, five hundred (2,500) square feet in area.
(C)Location. Plazas and civic open spaces shall generally be located along major thoroughfares
and intersections and shall not interfere with vehicular traffic, pedestrian flow or building
activities. Plazas are encouraged in the CC, EDBB-MU, NBHD-MU, and SFED-MU districts
to facilitate public gatherings and public congregation.
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(D)Access. Plazas should abut public areas and be physically and visually accessible from the
public sidewalks. Security fences, walls, and entry gates should not block the sidewalk edge
of the plaza or views into the plaza. The plaza shall be accessible to the public for at least the
time of normal business hours. Vehicular access, loading, or parking within the plaza is
prohibited. Emergency access drives will be considered through plaza upon review of
integration into plaza design.
(E)CPTED design. Adjacent development should be designed with crime prevention through
environmental design (CPTED) principles, including natural surveillance considerations,
furthered through building orientation and access to the park, and fenestration, in order to
encourage use and ensure security. There should be no potential hiding places. Special
features, and medium size vegetation shall be implemented with this in mind. Adequate
security lighting shall be provided to aid in natural surveillance and crime deterrence.
(F)Building walls. Ground-level façades facing a plaza shall avoid blank walls that are devoid
of generous glazing and entrances.
(G)Rooftop plazas. Rooftops can be used for open space, including sun decks, pool decks, tennis
courts, gardens, and outdoor cafes/restaurants. Rooftop open space does not qualify [as] open
space credit, although it may qualify for credit as a green building practice.
(H)Water features. A water feature or public art is required for the open space incentive bonus.
The use of water, in a variety of forms adds aesthetic value to the area and a sense of respite.
Water features help to mask inhospitable noise, direct attention, cool the microclimate of a
space and create a positive image of the area. They can be freestanding features or attached
to a building wall. The visual aesthetic shall be carefully considered when designing water
features. A variety of water feature effects are encouraged, such as the use of bubblers, sprays,
70 ORDINANCE #2023-
falls, and mists. Lighting should accompany water features to add visual interest during
nighttime hours and additional security. All water features must conform to local codes and
regulations, and shall not have exposed mechanical or electrical equipment.
(I)Public art. Public art, as defined in section 725-30, is encouraged adjacent to public sidewalks
and in open spaces to create identity and to celebrate the local art community in Dania Beach.
The inclusion of public art or water feature is required for the open space incentive bonus.
Any public art shall be free of sharp edges or obstructive elements that might cause physical
harm. Public art shall be permitted within public pedestrian corridors or sidewalks upon the
approval of the public services director and approval of necessary encroachment license and
maintenance agreement in a form acceptable to the city attorney.
(J)Special paving. Special paving is an important element within an urban setting. It defines
space along the ground plane and contributes to a place's unique sense of identity. Special
paving shall be incorporated into plazas and other open spaces. Paving materials shall reflect
the intensity of expected pedestrian traffic, aid in circulation routes and create identifiable
ground plane associations. There are a variety of materials, colors and shapes available for
special paving. Careful consideration should be made in the selection of the materials, colors
and shapes for special paved areas, especially in area dedicated for public use.
(K)Shading. Plazas should have adequate mix of sun vs. shaded area. No more than forty (40)
percent of the plaza shall be covered with a roof. At least ten (10) percent of the plaza's surface
shall be landscaped to provide heat relief.
(L)Seating. Plazas shall provide at least one (1) sitting place for each two hundred (200) square
feet of plaza in addition to any permitted outdoor dining provided.
Sec. 312-30. Pocket parks.
(A)Definition. A small, mostly passive, urban park that offers shaded seating and can include
water features, art or a small playground, and can offer relief from the urban hardscape.
Pocket parks may be utilized as an urban agricultural garden pursuant to sections 302-10 and
312-50. They can also serve as tot-lots for adjacent residences.
(B)Size. Pocket parks range in size from at least two thousand five hundred (2,500) square feet
to approximately one-quarter (¼) acre.
(C)Location. Pocket parks should abut streets and be physically and visually accessible from the
public sidewalks.
71 ORDINANCE #2023-
(D)CPTED design. Adjacent development should be designed with crime prevention through
environmental design (CPTED) principles, including natural surveillance considerations,
furthered through building orientation and access to the park, and fenestration, in order to
encourage pocket park use and ensure security. There should be no potential hiding places.
Special features and medium-size vegetation shall be implemented with this in mind.
Adequate security lighting shall also be provided to aid in natural surveillance and crime
deterrence.
(E)Access. The pocket parks shall be accessible to the public for at least the time of normal
business hours. A pocket park shall be exclusive of any vehicular access, loading and parking
areas.
(F)Seating. Pocket parks shall provide at least one (1) sitting place (i.e. seat for one (1) person)
for each two hundred (200) square feet.
(G)Shade. An even mix of sun and shade coverage is encouraged.
(H)[Playground equipment.] Plastic playground equipment is discouraged.
(I)Amenities. The park shall provide a water feature, public art, or playground equipment for
incentive credit.
Sec. 312-40. Courtyards.
See courtyard frontage type under building frontage type standards.
72 ORDINANCE #2023-
Sec. 312-50. Urban agricultural garden.
Urban agricultural gardens are plots of land gardened by a group of people. Such gardens
include small gardens where people grow vegetables, as well as tiny street beautification planters
on urban street corners. For all their diversity, however, most community gardens share at least
four (4) elements in common: land (or a place to grow something); plantings; gardeners; and some
sort of organizing arrangements. Land for a community garden can be publicly or privately held.
One (1) strong tradition in community gardening in urban areas is cleaning up abandoned vacant
lots and turning them into productive gardens. Alternatively, community gardens can be seen as a
health or recreational amenity and included in public parks, similar to ball fields or playgrounds.
73 ORDINANCE #2023-
Section 3. If any section, clause, sentence, or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 4.That all ordinances or part of ordinances in conflict with the provisions of
the Ordinance are repealed.
Section 5.That this Ordinance be codified in municode.com.
Section 6.That this Ordinance shall be effective 10 days after passage on second
reading.
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: _____________________________
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
City of Dania Beach
Community Development Memorandum
DATE: 9/26/2023
TO: 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: PA-072-23 Mural application review for a restaurant mural located at 318 N.
Federal Highway.
Request:
To request approval of the mural permit application submitted for Grumpy Gary’s at Dockers
Dockers restaurant mural.
Background:
The property owner has submitted a mural application to the Community Development
Department for review and approval through the Public Art Advisory Board (PAAB) and the
City Commission.
The theme for this mural is “marine life” which was installed by a local artist, Penny Fedor. The
applicant has proposed a mural that is visually accessible to the public, uses materials that
ensure mural longevity and durability, paints on a surface and structure that is stable and ready
for painting, meets standards of artistic quality and suitability for the neighborhood and uses an
approved graffiti/UV coating on the finished mural that provides resistance to vandalism and
weather.
Budgetary Impact
None.
Recommendation
Staff is recommending approval of the proposed mural located at 318 N Federal Hwy.
PAAB Actions
The PAAB will hear this item on September 18, 2023. The Board’s recommendation will be
presented at the City Commission meeting.
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.
WHEREAS, on April 26, 2022, the City Commission approved Ordinance 2022-016,
which amended the City’s Public Art Program to include review of all murals visible to the
public, whether on public property, private property, publicly funded, or otherwise; and
WHEREAS, Section 811-140 of the City’s Land Development Code, entitled “Mural
Guidelines” provides that the City of Dania Beach recognizes that a superior and diverse aesthetic
character of the City's built environment is vital to the quality of the life of its residents, and to
the economic success of its businesses; and
WHEREAS, the City of Dania Beach Public Art Program is intended to encourage a
stimulating cultural environment that reflects and enhances the City's heritage, diversity, and
character through public artworks integrated in the architecture, infrastructure, and landscape;
and
WHEREAS, murals are an important part of the program that is to be first reviewed by
the Public Art Advisory Board, which met on September 18, 2023, and approved the proposed
mural depicted in Exhibit B, which exhibit is incorporated by reference into this resolution; and
WHEREAS, the City’s mural guidelines are designed to assure that murals within Dania
Beach enhance the appearance of the area without confusing drivers and/or pedestrians or
causing any other negative impact on public safety or welfare; and
WHEREAS, the proposed mural theme for this property is a connection through music
and art that depicts a colorful image of waves of music, city life and sunshine; and
WHEREAS, this mural will provide a wonderful photo opportunity for both visitors and
residents of the City of Dania Beach; and
2 RESOLUTION #2023-______
WHEREAS, all publicly viewed murals must be: (1) visually accessible to the public; (2)
made of materials that ensure mural longevity and durability; (3) be painted on a surface and
structure that is stable and ready for painting; (4) meet standards of artistic quality and suitability
for the neighborhood; (5) that the property owner and artist have a plan for painting the mural
that ensures the safety of painters and the public, and that does not impede public access. If the
safety plan submitted is not being adhered to, and the City has identified a safety risk to either
the artist and/or the public, the City has the right to stop work until such time that safety issues
or concerns are addressed by the artist; (6) that the artist use an approved graffiti/UV coating on
the finished mural that provides resistance to vandalism and weather; and (7) that the
business/property owner provide a copy of a signed agreement in which the business/property
owner commits to keep the mural unchanged and in good condition for a minimum of five (5)
years for permanent murals; and
WHEREAS, the Public Art Advisory Board and the City Administration are
recommending approval of the mural.
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 pursuant to Chapter 28 “Land Development Regulations,” at Section
811-140, the City Commission approves the mural depicted in Exhibit “B.”
Section 3.That the approvals granted by this Resolution are subject to the Applicant’s
compliance with the following conditions:
A. That the artist uses an approved graffiti/UV coating on the finished mural that
provides resistance to vandalism and weather;
B. That the business/property owner provide a copy of a signed agreement in
which the business/property owner commits to keep the mural unchanged and
in good condition for a minimum of five (5) years for permanent murals.
Section 4.All resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
3 RESOLUTION #2023-______
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
4 RESOLUTION #2023-______
EXHIBIT “A”
LEGAL DESCRIPTION
COZY COVE MARINA 71-49 B MARINA
5 RESOLUTION #2023-______
EXHIBIT “B”
MURAL