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HomeMy WebLinkAbout2023-11-14 City Commission Meeting Agenda PacketAGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, NOVEMBER 14, 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. Presentation to Parks and Recreation Director Eric Brown on his Service to the City 2. Recognition of Deputy Rolando Reyes and Deputy Jennifer Spicer, Broward Sheriff's Office - Sponsored by Vice Mayor Lori Lewellen Agenda – Dania Beach City Commission Tuesday, November 14, 2023 - 7:00 PM Page 2 of 7 3. Presentation to Dania Beach Lifeguards for Placing in 5K Race - Sponsored by Commissioner Davis 4. Comprehensive Plan Presentation by Chen Moore - Community Development 5. Presentation of City Hall Atrium/Lobby conceptual renderings and expansion options. - Finance 6. Special Event Application Request for 1101 Gallery - Parks and Recreation 7. Special Event Application Request for Ignite Art Festival - Parks & Recreation 8. Retroactive Approval of Proclamation Recognizing the City of Dania Beach as a Purple Heart City 11-11-23 - Sponsored by Mayor Ryan 9. Approval of Proclamation to Dania Dolphins 6U Champions – Sponsored by Mayor Ryan 4. PROCLAMATIONS 1. Proclamation to Dania Dolphins Champs – Sponsored by Mayor Ryan 5. ADMINISTRATIVE REPORTS 1. City Manager 2. City Attorney - Discussion Regarding Authority for City Attorney to Opt In or Out of the Polyfluoroalkyl Substances (PFAS) Settlements and Possible Hiring of Outside Counsel 3. City Clerk - Reminders - December 12, 2023 - 7:00 p.m. - Regular 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: October 24, 2023 Regular City Commission Meeting Minutes Agenda – Dania Beach City Commission Tuesday, November 14, 2023 - 7:00 PM Page 3 of 7 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 THIRD AMENDMENT TO AN INTERLOCAL AGREEMENT ("ILA") WITH BROWARD COUNTY AND THE CITY OF DANIA BEACH RELATING TO COMMUNITY SHUTTLE BUS TO INCREASE THE FUNDING REQUIRED BY THE HOURLY RATE INCREASE ASSOCIATED WITH THE COMMUNITY SHUTTLE SERVICE OPERATIONS FROM FORTY FIVE DOLLARS ($45.00), PER HOUR, TO SIXTY EIGHT DOLLARS AND FORTY EIGHT CENTS ($68.48), PER HOUR; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) 4. City’s Floodplain Management, Program of Public Information (PPI) Committees 22/23 Annual Evaluation Report - Community Development 5. RESOLUTION NO. 2023-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PLEDGING ITS SUPPORT AS A MEMBER OF THE SOUTHEAST FLORIDA LOCAL AND TRIBAL GOVERNMENTS, ENDORSING THE SOUTHEAST FLORIDA CLIMATE ACTION PLEDGE; AGREEING TO ADVANCE, WITH ITS CO-MEMBERS, THE STRATEGIC CLIMATE ADAPTATION AND MITIGATION PLANNING, PROGRAMS, POLICIES AND PROJECTS; AND ADVANCING THE IMPLEMENTATION OF THE REGIONAL CLIMATE ACTION PLAN AS MAY BE APPROPRIATE FOR THE CITY OF DANIA BEACH, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 6. RESOLUTION NO. 2023-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR AN AMENDED BUDGET APPROPRIATION FOR FISCAL YEAR 2022-2023; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance) 7. RESOLUTION NO. 2023-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY FOR FILM PERMITTING; PROVIDING FOR CONFLICTS; FURTHER, Agenda – Dania Beach City Commission Tuesday, November 14, 2023 - 7:00 PM Page 4 of 7 PROVIDING FOR AN EFFECTIVE DATE. (City Attorney) 8. RESOLUTION NO. 2023 -____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE RENEWAL AND AMENDMENT OF THE JANITORIAL SERVICES AGREEMENT AWARDED VIA INVITATION TO BID (“ITB”) NO. 21-027, ENTITLED “JANITORIAL SERVICES” WITH CLEAN SPACE, INC. IN THE AMOUNT OF EIGHTY- EIGHT THOUSAND FIVE HUNDRED FIFTY SEVEN DOLLARS AND SEVENTY TWO CENTS ($88,557.72)FOR FISCAL YEAR 2024 AND NINETY-ONE THOUSAND EIGHT HUNDRED THIRTY FOUR HUNDRED DOLLARS AND TWENTY CENTS ($91,834.20) FOR FISCAL YEAR 2025, PROVIDING AN ADDITIONAL FOUR THOUSAND TWO HUNDRED DOLLARS ($4,200) IN THE FEE DUE TO THE INCREASE IN COSTS FOR DEEP CLEANING/SEALING FLOOR MAINTENANCE SERVICES; AND TO PROVIDE FOR ADDITIONAL SERVICES FOR EACH YEAR OF THE TWO YEAR RENEWAL; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT RENEWAL; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) 9. RESOLUTION NO. 2023-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE LEASE OF TWO (2) MODULAR OFFICE BUILDINGS FROM MOBILE MODULAR, WITHOUT COMPETITIVE BIDDING, AND WITHOUT ADVERTISEMENT FOR BIDS, BY UTILIZING THE PRICING UNDER THE SCHOOL DISTRICT OF SUWANNEE COUNTY, FLORIDA REQUEST FOR PROPOSAL (RFP) #20-209; 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, AUTHORIZING THE AWARD OF INVITATION TO BID (ITB) NO. 2023-019- “NORTHWEST 1ST STREET DRAINAGE IMPROVEMENTS” TO KAILAS CORP. IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED AND FORTY-NINE THOUSAND AND FOUR HUNDRED DOLLARS $449,400.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) 2. RESOLUTION NO. 2023-______ Agenda – Dania Beach City Commission Tuesday, November 14, 2023 - 7:00 PM Page 5 of 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE AWARD OF REQUEST FOR PROPOSALS NO. 2023-021, ENTITLED, “PRODUCTION AND PRINTING OF COMMEMORATIVE PUBLICATION” AND TO AUTHORIZE THE CITY ADMINISTRATION TO NEGOTIATE AND ENTER INTO AGREEMENT WITH ISLAND SYNDICATE HOLDINGS LLC IN AN AMOUNT THAT MAY EXCEED THE ANNUAL VENDOR THRESHOLD AMOUNT OF FIFTY THOUSAND DOLLARS ($50,0000.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance) 10. QUASI-JUDICIAL & PUBLIC HEARING ITEMS 1. RESOLUTION NO. 2023-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN (SP-65-22), DESIGN VARIATIONS (OT- 066-22, OT-067-22, OT-061-23, OT-063-23, OT-064-23, AND OT-072-23) AND TWO VARIANCES (VA-058-23 AND VA-062-23), SUBMITTED BY THE OWNER, 501 STIRLING ROAD LLC, FOR PROPERTIES GENERALLY LOCATED AT 501 STIRLING ROAD, IN THE CITY OF 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 CONDITIONS; CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 2. RESOLUTION NO. 2023-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE “IMECA DANIA BEACH” PLAT (PL-21-23), SUBMITTED BY THE OWNER, 501 STIRLING ROAD LLC, FOR PROPERTIES GENERALLY LOCATED AT 501 STIRLING ROAD, IN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT “A”, A COPY OF WHICH IS ATTACHED AND INCORPORATED BY REFERENCE INTO THIS RESOLUTION; PROVIDING FOR CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 3. RESOLUTION NO. 2023-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, COMPLYING WITH SECTION 166.0451, FLORIDA STATUTES BY HOLDING A PUBLIC HEARING AND CREATING A LIST OF PROPERTIES OWNED BY THE CITY AND THE CRA, WHICH PROPERTIES MAY BE AVAILABLE FOR AFFORDABLE HOUSING PURPOSES (30 % TO 120% AMI); AND BY PROVIDING FOR BEST PRACTICES IN UTILIZING THE LISTED PROPERTIES FOR AFFORDABLE HOUSING PURPOSES; PROVIDING FOR Agenda – Dania Beach City Commission Tuesday, November 14, 2023 - 7:00 PM Page 6 of 7 CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 11. FIRST READING ORDINANCES 1. ORDINANCE NO. 2023-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 17, ENTITLED “OFFENSES – MISCELLANEOUS”; AT ARTICLE IV ENTITLED “NOISE”; AMENDING SECTIONS 17-80 ENTITLED “DEFINITIONS”; SECTION 17-81 ENTITLED UNREASONABLY LOUD NOISE PROHIBITED”; SECTION 17-85 ENTITLED “EXEMPTIONS”; TO UPDATE THE CITY’S CODE RELATING TO UNNECESSARY AND EXCESSIVE NOISE; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (City Manager & Community Development) 2. ORDINANCE NO. 2023-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 2, OF THE CITY CODE OF ORDINANCES, ENTITLED “ADMINISTRATION” AT ARTICLE V, ENTITLED “RESERVED” BY AMENDING SECTION 2-101, ENTITLED “NAMING OF CITY OWNED FACILITIES” TO MODIFY THE BACKGROUND CHECK CRITERIA OF THE CODE, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (City Attorney) 12. SECOND READING ORDINANCES 1. ORDINANCE NO. 2023-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF CITY FUNDS EXCEEDING ONE MILLION DOLLARS ($1,000,000.00), WHICH EXPENDITURE IS NOT TO EXCEED THE PROJECT ESTIMATE OF SIXTEEN MILLION EIGHT HUNDRED FIFTEEN THOUSAND EIGHT HUNDRED FIVE DOLLARS AND TWENTY-FOUR CENTS ($16,815,805.24) AS APPROVED BY THE CITY COMMISSION, TO FUND THE SOUTHEAST DRAINAGE RETROFIT PROJECT, PHASE I; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) 13. DISCUSSION AND POSSIBLE ACTION Agenda – Dania Beach City Commission Tuesday, November 14, 2023 - 7:00 PM Page 7 of 7 1. Discussion and Approval of 2024 City Commission Meeting Dates - City Clerk 2. Ignite Sponsorship - Community Development 14. APPOINTMENTS 1. Public Art Advisory Board - One (1) Vacancy - City Clerk 15. COMMISSION COMMENTS 1. Commissioner Davis 2. Commissioner James 3. Commissioner Salvino 4. Vice-Mayor Lewellen 5. Mayor Ryan 16. ADJOURNMENT crrv OF DANIA BEACII SPECIAL IIVF,NT APPLICATION I U)N, Sl I PI AN AND Sl I E NARRAIJVL by email.Please make all •see t ions cotiil)lete€l initialed by (lie applicant.Incomplete application will be relorned to A licc •subtni( the application Wilh IOC. you will be contacted by the Special Lvcnl ('coordinator to ) OuC application.I he Special Lvent Coordinator will contact you once the review is c ornplete 10 locos ide conditions or eonunenl% and tliC next available date City Commission approval (if required). PART 1: EVENT REQUEST Event Natne:'M 04 of Event: Minor Evenl - Maior Event - Wedding less than 500 people, single day event, no road closures more than 5()() people, consecutive multi-day event, road closures (major event requires Commission approval) xIs your event located in a public park or City property?Yes No xIs your event located on the beach?Yes No 110 NW 1st Street, Dania Beach, 33004, FLLocation: 150 50I Ixpected jnaximum attendance Expected sustained attendance I las this event been held in the past? YES Yes No same adress,same attendance Art Dania 2022If yes, please list the past dates, locations and attendance permission copy is attached Detailed Description: (Activities, Vendors, Entcflainment, etc.) Vendors will consist of art paintings, sculptures, other art mediums and food. Will be hold every second weekend + during all days of MIAMI DESIGN WEEK starting Oct 2023 and ending Oct 2024 with an estimated attendance of 150 people I)atc and Tinje:DAY BEGIN qr.HIP: EVENI DAY l: DAY 2: VNENT DAY 3: Oct 2023 12/01/23 1 12/10/23 10 Oct 2024 4 pmAM/PM 1 pm AM/PM 1 pm AM/PM AM/PM AM/PM ENI) 10 pm AM/PM 10 pm AM/PM 10 pm AM/PM AM/PM AM/PM Attendance 150 150 150 150 1 of 6 Ordinance "2021-013 PART n: APPLICANT Choice International FL LLC Dmitry PogrebkovN:une Name of Aulllorizcd Signatory For-Profit Non-Prot-Il Private (as registered in Sunbiz) 110 NW 1st Street Dania Beach, FL, 33004Address:City. Stale. Zip: 06/29/2023 FL P261-161-6B-149-ODate ol' registK11ion:State registered in:Federal ID // Etnail Address:choicedbd@hotmail.com Phone: Ivan SemikinEvent Coordinator Name Phone: MGR +15613050433Title:Phone:Cell: choicedbd@hotmail.comEmail address:Fax: Additional Contact Name Will you be on site?Yes No Title:Phone:Cell: Email address:Fax: Event Production Company (if other than applicant) Address: Contact Name: Phone (day) Email address: City, State, Zip: Title: (night)Cell: Fax: PART Ill: EVENT INFORMATION All City permits must be obtained through the City's Building Division using the Building Permit Application form. Apply and pay for the permits at least 3() days before the event. Contact the Building Division at (954) 924-6805 with any questions. xAdmission/Registration Yes No xAlcohol for Sale Yes No If yes, how much? S xAlcohol for Fec Yes No If yes, how will the beverages be controlled and served? (Dian truck, bar tender, beer tub, etc.) Bar tender - Dania Beach Distillery Liscense from Bay 6 (expected in Nov-Dec 2023) Provide State ol' Florida alcohol licenses and of Liquor [,iabilily insurance 30 days before event. xAmusement Ride Yes No If yes, name a contact of company: What type of rides are you planning? Florida Bureau of Fair Rides, Ron Jacobs (85()) 921-1530 must be contacted 30 days belöre the event to schedule inspections and linal approval or all vendors and rides prior to use. Ordinance #2021013 Electricity Yes No Generator Yes x No Amount of Kilowatts I•cnts requiring elexnricity must be remitted. Company :License g: Name of Electrician:Phone: Entertainment Yes x No Il yes, "hat type of entertainment will be there? Any notable documents? Fencing or Barricades Yes x No Include proposed fences in your Site Plan & Narrative Fire" orks & Flame Effects Yes x No Name & Contact of Company conducting the show: A permit and Fire Watch is required [Or all pyrotechnics displays. Food Vendors X Yes No Food Trucks x Yes No Cooking Appliance Types (charcoal grills gas grills, deep fryers, etc.) charcoal State Health Dept. Tara Palmer at (594) 397-9366 must be notified 10 days prior to event. All Food Vendors must be inspected by BSO Fire to ensure compliance prior to serving food. A fire extinguisher is required for each food booth. If a propane tank is used for a fuel source, it must be secured on the outside of the booth. LP Gas permits may be required. Will any type of cooking appliances be used by either the Sponsor of the Event or any of its vendors? Yes x No If so, indicate the type of appliance(s) to be used and the number of each applicant to be used: N/A Electric Grill(s) # Gas Grill(s) # Charcoal Grill(s) #xx Grease Fryer(s) # Oven(s) # Electric Range Burner(s) # Smoker Grill(s) Gas Range Burner(s) # Please Note — Grease Fryers are not permitted indoors unless they are protected with an approved Hood and a UL300 Compliant Wet Chemical Automatic Fire Suppression System in accordance with NFPA 96. Does each cooking appliance have its own dedicated Fire Extinguisher? x Yes No Please Note — Each cooking appliance must have its own dedicated fire extinguisher. Class K fire extinguishers are required for fryers. You need to demonstrate that this requirement will be met by making a note on the site plan indicating compliance with all of the above requirements or providing a letter to the fire prevention bureau. Does each cooking area have the proper clearances from all other event areas? x Yes No Please Note — Cooking areas can be located no closer than 30 feet from any tent or canopy structure, event rides, stages, grandstands of bleachers, etc. Ensure that this measurement is demonstrated on the site plan. Food Truck and vendors that are participating at the event. Fire Safety Inspection is required the day of the event. 2.Certified Gas Company to inspect the food trucks and any vendor that is cooking with gas prior to cooking for the opening of the event. (Leak detection test). 3,Food trucks that are participating must have an approved and updated fire suppression extinguishing system. 4.Food trucks are 10 be 10 feet apart from other food trucks. Vendors that are cooking outside in separated booths must be 10 feet apart from other vendors that are cooking. 5.All vendors that are cooking must have the proper fire extinguisher to extinguish their product. Music x Yes No If yes, what music format(s) will be used? (Amplified, acoustic, recorded, live, MC, DJ, etc.): Amplified, acoustic. live. DJ Ordinance #2021013 X I isl the pc equipntclit will njnplifier. etc.): spookors. amplifiors. drums by occaaion (changing bando and munic oty10A over tho yonr) hinges Yes No 'Cype (wood. Icailer stage, etc.) Stages perntits. Day s and times mosic will be played:hours per day2 to 4 event 2 blocks or behind the rail roadI low close is the event (o the neatest residence? It is the responsibility oc the event coordinntocs/ptontotel' to reach out to businesses within proximity ol' the event. x see printoutYesNoIC yes, lot location(s)? Date(s) oc Closure Tillie(s) ol' Closure All Parking Spaces that are inquteted by an event "'ill be billed to (he event organizer through the City •s Parking xRoad Closings Yes No Il' yes. deline Closure(s) Date(s) of' Closure Tillie(s) of Closure Sanitation & Waste xWill the event encourage Recycling and Sustainability?Yes No Recycling must be provided at all City events, facilities & parks. All dumpsters must be removed at the end ol' the event. Company Najne Contact Phone All grounds must be cleaned up immediniely aner completion oc event 01' you will be subject to lees. You are responsible 'Or securing recycling services. Security/Police Yes X No Name Phone Security companies and their plans must be approved, and you may still be required to hi'c• BSO Police. Security Company Contact Phone xTents or Canopies Yes No No penetration of ground spike is allowed. All structures musl be "liter-weighted. 'l'enls larger than 10 N require a perniit. max 10 x 10 in total 3 to 6 tentsQuantity and size of each? Company Name Contact Phone A detailed Site Plan showing the locations and size oc each canopy or tent is requilv•d. A perniit and linal inspection is required iC there are multiple canopies, iC they are going to be used cooking or iC there are tents with walls. All tents must be retardant. A ecctilicate ol' Illime retanlancy and sample (he tent tör filed testing be subntitted lor product approval willi this application.'l his inl'onnaiion can be obtained Crotn the tent or the tent cental conipany. Panicipating vendors nutst be separated by minimum 3 feel regardless with usage of a tent or a canopy classification. xToiletsYes No All toilets must be renuÅjcd within 24 hours. Poctoble 'l"ollets are regulated by Omsvard County. Please contact the Iinvironnu•ntlll Manager at (950) Transportation Plan Any larger than Ordinance 1/2021-013 xYes No people must has c an approved Transportation Plan. 4 of 6 PART IV: SECURITY AND EMERGENCY SERVICES Your Event may require Security and Emergency Services which will be determined using this application, your Site Plan and Narrative. MOT, transportation plan and any additional information requested during your Special Events meeting. The hourly rate and costs for services will be quoted on the "Cost Estimate" worksheet developed at the meeting and provided to the organizer. The cost may change after the meeting. POLICE Your event may require security services based on expected attendance and other risk factors such as alcohol, time, day, location, event type of weather. Depending on your event, it may be possible to issupplement some of the Police services with a private third-party security company if their security plan approved by the BSO Police Department. If you want to use a private security company, their proposed security plan must be presented along with their business license and contact information with this event application. The Police will review the plan and inform you if it meets City requirements. BSO DETAIL REQUIREMENT Based upon anticipated attendance, site or building size, site location, and ability to assure public safety requirements, a Broward Sheriffs Office detail may be required. FIRE WATCH REQUIREMENT A fire watch may be imposed depending on the type of event, number of persons present and/or hazards involvecL The number of personnel and apparatus required may vary depending on the type of event and hazards involved. Below are the current rates charged for the presence of a fire watch detail and/or fire inspector: Off-Duty detail assignment services performed by Dania Beach Fire Rescue Personnel will be paid at their current overtime rate of pay with benefits (3 hour minimum). In addition, an administrative fee of 10% will also be charged based on the total cost of personnel and apparatus. Personnel costs are currently estimated to be $84.42 per hour, per person (3 hour minimum). The cost of apparatus is as follows: Rescue Truck - $32.00 per hour Engine (1500 gpm) - $17.00 per hour Ladder (1500 gpm) - $80.00 per hour The City of Dania Beach requires payment 14 days in advance for the detail services and fees are to be made payable to the City of Dania Beach by means of cash advance or a cashier's check. Fees are based on individual employee's overtilne rates which vary from person to person. The amount estimated is based on the highest overtime rate currently payable in addition to fees for FICA, Medicare, Worker's Compensation and Administrative fees. In the event that the entire estimated amount is not required for services, the City will refund the money, less the expenses incun•ed for the service. Should the mnount of time required for the fire watch detail exceed that agreed up before the event, the Event sponsor will be required to pay for any overage based on the actual cost for the fire watch. The Event sponsor will be responsible to pay the actual service price incurred. PART V: APPLICANT ACCEPTANCE The information I have provided on this application is true and complete to the best of my knowledge. If I have not submitted my application with the necessary plans, within the deadline and according to the rules outlined in the Special Events Ordinance, it may be denied. Before receiving final approval from the City Commission, J understand that I (and the production company, if applicable), must furnish an original certificate of General Liability Insurance naming the Cityof Dania Beach as additionally insured in the amount of at least one million dollars (S I ,000.000) or greateras deemed satislhctory by the City Risk Manager, and an original certificate of liquor liability insurance in Ordinance #2021-013 the atnount of five hundred thousand dollars if alcohol is being served. Other liability insurance and tnay also be required up (o thiciy (30) days in advance of the event. I under,litnd that the City of Dania Beach sponsored activities have ptvcedence over the event requested above and I be notified iC any conflicts arise. I understand that the IAS() Police Department will determine all security jequirements and that the BSO Cite Rescue will detennine all lire and Etnergency Medical Services requiretnents. I understand that any cancellations Cor City scheduled services must be made by phone to each department representative al least 24 hours bellwe the scheduled event tilne or the organizer will be liable for any associated IC•es. I understand that the City has a noise ordinance that tuy event Inust follow. I agree to abide by all provisions ol' the noise control ordinance and understand that my failure to do so may result in a civil citation, a physical arrest. or the shutting down of the event. ICal any tilne during the event it is determined by law entorcement personnel. code enlöreetnent personnel, parks and recreation personnel. or any other City representative thal the entertainment or music is causing a noise disturbance, I will be directed to lower the volume to an acceptable level as determined by City stalT. ICa second noise disturbance arises during the event, I may be directed to shut down the music or entertainment for the remainder ol' the event. PART VI: SUBMISSION Email application and plans to: Site Plan must include the following with application: l. ALL events — Event Site Plan & Narrative — show stages. restroolns, tZ•ncing. tents, etc. 2. Closed Roads — Maintenance of TraClic Plan — show barricades, directions, cones. etc. 3. Transportation Plan — show transportation options Cor attendees. 4. Security needs — Security Plan — detail how event coordinator will manager security. Mail application fee (payable 10 the City ol' Dania Beach) to: Attend: Shanesa Mykoo, Special Event Coordinator 100 W st Dania Beach Boulevard. [Dania Beach, Florida 33004 Event Coordinator Signa "fe Ordinance 11202103 09-22-2023 Date CITY OF DANIA BEACH SPECIAL EVENT DANIA BEACH PERMIT CERTIFICATE Valid through: December 11.2022 APPLICANT:Art Danta - Dania Vbrehouse 100. LLC 110 NW 1 Street Dania, FL 33004ADDRESS: 9545317492PHONE: EVENT DATE:April 09, 2022 Vendors will consist of art paintings, sculptures, other art mediums andTYPE OF EVENT: food. 110 NW 1 Street Dania, FL 33004EVENT LOCATION: This event will be held every second weekend starting Apr/ 9SPECIAL CONDITIONS: through December 11, 2022; from 6:00 p.m. - 10:00 p.m. with an estimated attendance of 150 people. This Special Event Permit Certificate from must be on site at all Special Events or Special Event may be shut down. Directors Approval: Commun evelopment Department: 0ご】マこコ )8 誘 こ 新0 ・ら い田、0一壑 ・ し こ田・06 日9 凵 LU on ョ、ツ 一05 4一2と00.0 を 0目0 ロ〇っ。00 Kna-n く 3」三.1:い一つ City of Dania Beach Parks & Recreation Memorandum DATE: 11/14/2023 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Ashley Vlasic, Special Events Manager SUBJECT: Special Events Application Request for Ignite Art Festival on January 24, 2024 – January 28th, 2024 Request: Marc Aptakin, representing Mad Arts, has submitted a request for a Special Event to facilitate their IGNITE Art Festival at Mad Arts in Dania Beach. They are seeking permission to utilize the City Hall Garage from Wednesday, January 24, 2024, to Sunday, January 28, 2024. Additionally, they are requesting two shuttles to operate for 8 hours each day, transporting attendees to and from Mad Arts. They also seek a waiver of the application fee and BSO deputies. Background: The requested event will be held at Mad Art located at 481 S. Federal Hwy. Dania Beach, FL 33004. This is a free event that is open to the public. IGNITE Art Festival Mad Arts have partnered with the Broward County Cultural Division that will feature immersive large-scale projection mapping and interactive light sculptures and installations at 481 S. Federal Hwy. Department Review: Comments: BSO Fire: Fire Prevention Fire can approve the event as proposed without Food Trucks. Building Official Requesting an electrical permit but using existing power and restrooms City Attorney No issues Code Enforcement No issues Planning & Zoning No issues HR / Risk Mgmt- Not applicable Parks & Recreation No issues Public Services No issues BSO Police Dept. No concerns, requesting BSO deputy presence during the event Budgetary Impact The applicant has requested the waiver of the $300 special events application fee. The City would collaborate with Mad Arts and Ignite to fund the following: • Providing 2 shuttle buses for a duration of 3 days, with each day requiring 8 hours of service, which amounts to $3,800. • Securing BSO deputies for a 3-day period, with each day requiring 5 hours of service, resulting in a total cost of $1,200. Recommendation The Parks & Recreation Department is recommending that the City Commission approve the special events application request with the conditions noted above. 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: November 14, 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 two weeks have been extremely produc�ve as we focus on the sunset of 2023 and commence the new year, our 120th year in 2024. Our goal has always been to perfect what we do and how we do it. Your support and alignment with our Strategic Master Plan has led to an award-winning budget for the last 3 years and how we priori�ze our investment; our taxpayer’s dollars. An example of a great investment has been the hiring of a Marke�ng and Communica�ons Director, as we wanted to augment and enhance how we communicate and engage our residents. Our first bi-annual newsleter, the “Pioneer”, is complete and has been delivered to our residents. Many residents have already commented how much they love all the valuable informa�on and the QR codes! I an�cipate the “Pioneer” to be an award-winning publica�on. In the Spring, our second newsleter will be published. Congratula�ons to our Marke�ng and Communica�ons Division Director Nannete Rodriguez and our new Public Informa�on Officer Sussete Rodriguez for their remarkable work! Op�ons for housing is another priority and City Place is moving at a record pace towards comple�on in early 2024. I have frequent communica�on with Landmark CEO Fransisco Rojo and his outstanding rela�onship with our City has resulted in another fantas�c opportunity in the College Gardens Community for our City to possibly partner again for another affordable/workforce housing opportunity. He is currently in the process of acquisi�on. Next month or in January, we will set up one-on-one mee�ngs with all of you to discuss details and your desired vision for this possible partnership. The State of the City Address scheduled for November 9th is a “sold out” event. This con�nues to prove that we simply keep raising the bar on ourselves and the good to great philosophy that is part of our culture is the expecta�on here in Dania Beach! Congratula�ons to Maxine, the Chair of the SOC Commitee and our very talented and commited Department leaders and their teams for planning and execu�ng a truly remarkable event. I am a s�ckler for details and the “Team” gets it and delivers. Our second Dania A�er Dark event is ready to go for November 11th. As we have themed every month, November will always be a tribute to our City’s Birthday! One cake has been delivered and adorns the center of our City Hall Plaza. There will be wonderful live music and more selec�ons of food and fun for the en�re family! Congratula�ons to Deputy Parks and Recrea�on Director Cassi Waren and Special Events Manager Ashley Vlasic for their crea�ve endeavors and delivering on the vision to bring our community together and to cast a wide net and bring visitors to our City. It was a true win/win for our local businesses as well. November 30th will be our Holiday Extravaganza as we “Light up Dania Beach” and set the tone for a fes�ve holiday season. This amazing event that was a huge success last year promises to be a wonderful winter wonderland and a fun and enjoyable event for all. The event commences at 6:00 p.m. at our City Hall Campus. Thank you, Parks and Recrea�on, Public Services, Marke�ng and Communica�ons and our BSO Teams as these events are a total “Team” effort! O�en �mes our senior “Team” members or I atend local homeowners’ associa�on mee�ngs at PJ Meli and/or various loca�ons including our Lions Club. Vice Mayor Lewellen, early on when I was appointed Manager, introduced me to all these groups. This is a wonderful opportunity to have very in�mate dialogue with our residents, par�cularly many who don’t come to City Hall or don’t have social media. This past Tuesday, November 7th, Parks and Recrea�on Director Eric Brown visited with the Griffin Civic Associa�on and updated a group of our residents regarding our investment in Parks. Thank you, Eric. Last week, Broward County Administrator Monica Cepero reached out to me regarding our homeless ini�a�ves as she is looking to further support us and expand proac�ve ini�ates working with Dania Beach, Ft. Lauderdale, Hollywood, and Hallandale Beach. She introduced me to Rebecca, her designated person on this endeavor. On November 7th, Deputy City Manager Candido Sosa-Cruz, Chief Tarala and other key members par�cipated on a conference call. This has now resulted with Rebecca doing a ride along with our homeless outreach team and the County looking closer at our model and future collabora�on. Thank you to Chief Tarala and Deputy City Manager Candido Sosa-Cruz for their par�cipa�on on this endeavor. As we communicated with you, “Totor” had to leave Dania Pointe for his permanent loca�on. Thank you for allowing us to find an appropriate spot in the epicenter of our Arts and Entertainment District. Coming soon in 2024, with your support of our Mayor’s ini�a�ve for a new park dedicated to our Veterans at our City Hall Campus, this will become a reality. We wanted to make sure both “Totor ” and the Veterans Park could coexist yet have the proper distance and placement and we have achieved the aforemen�oned. With the legisla�ve session in full swing and some changes regarding availability of legislators to meet with us, we have had to pivot and now Commissioner Davis and I will be atending all day mee�ngs this coming December 13th in Tallahassee. Thank you to Commissioner James for hos�ng her 13th Annual Thanksgiving Turkey drive. This past Monday, November 6th, we met with her, Director Eric Brown, Chief Tarala, Lt. Cooper, and key members of the BSO Team to ensure all the logis�cs are ready to go for the November 21st drive-thru event at CW Thomas Park. The 2nd Annual Employee Apprecia�on Picnic was truly wonderful. Thank you, Commissioner Salvino, for this ini�a�ve and suppor�ng our City Team. We are already planning the 2024 employee apprecia�on event with Commissioner Salvino and our HR Team. On October 31st, Linda and our amazing HR team planned and executed a Halloween coffee and desert event for our City Team and over 100 employees enthusias�cally par�cipated. Thank you, Commissioner Davis, for coming! On a personal note, I wanted to express my gra�tude to Mayor Ryan, Vice Mayor Lewellen, Commissioner Davis, Commissioner James, Commissioner Salvino, Human Resources Director Gonzalez and our senior Team for a truly remarkable birthday this past 24th of October. I will never ever forget your kindness and making me feel so special and appreciated. City of Dania Beach 100 West Dania Beach Blvd Dania Beach, Florida 33004 November 9, 2023 Special Magistrate Hearing Page 1 of 6 Case # Status Hearing Type Property Address Cited Party Default Inspector 2021-00000579 Active P H-CONFIRMATION - Confirmation Hearing $11,700.00 248 SW 16 ST NASRIN HOMES INC Anson Westberry 2022-00000317 Active C H-EXTENSION - Extension Hearing 101 SE 2 ST POROKU LLC Anson Westberry 2022-00000500 Active P H-ABATEMENT - Abatement Hearing $19,700.00 206 SE 6 ST DESORMEAUX, KENT J DESORMEAUX, KIP M Anson Westberry 2022-00001393 Active C H-EXTENSION - Extension Hearing 450 E DANIA BEACH BLVD DAGLARIS, ARISTOTELIS DAGLARIS, JOHN Anson Westberry 2022-00000200 Active P H-EXTENSION - Extension Hearing 714 SE 3 CT PAVEL VOLOTCHKO Anson Westberry 2023-00000456 Active C H-EXTENSION - Extension Hearing 515 NE 2 PL PALIIVETS, ANNA PALIIVETS, OLEG Anson Westberry 2023-00000497 Active C H-EXTENSION - Extension Hearing 265 S FEDERAL HWY DIAMOND BRIDGE INTERNATIONAL 1 LLC Anson Westberry 2023-00000507 Active P H-EXTENSION - 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Abatement Hearing $88,750.00 2051 GRIFFIN RD 2051 GRIFFIN ROAD LLC Ricky Ali 2022-00000879 Active P H-EXTENSION - Extension Hearing 3265 GRIFFIN RD 102 SNYDER, ORIT Ricky Ali 2022-00000880 Active P H-EXTENSION - Extension Hearing 3265 GRIFFIN RD 101 KFIR INVESTMENTS LLC Ricky Ali 2022-00000881 Active C H-EXTENSION - Extension Hearing 3265 GRIFFIN RD 103 ZAFIR, MEIR ZAFRI, MICHELLE ALYSE Ricky Ali 2022-00000882 Active P H-EXTENSION - Extension Hearing 3265 GRIFFIN RD 104 ISLA VERDE 2 CORP Ricky Ali 2022-00000883 Active C H-EXTENSION - Extension Hearing 3265 GRIFFIN RD 105 AFEK MATAN Ricky Ali 2022-00000885 Active C H-EXTENSION - Extension Hearing 3265 GRIFFIN RD 201 AXXON RENT REV LAND TR AXXON RENT LLC TRSTEE Ricky Ali 2022-00000886 Active C H-EXTENSION - Extension Hearing 3265 GRIFFIN RD 202 OAK OF DE LLC Ricky Ali City of Dania Beach 100 West Dania Beach Blvd Dania Beach, Florida 33004 November 9, 2023 Special Magistrate Hearing Page 3 of 6 2022-00000889 Active C H-EXTENSION - Extension Hearing 3265 GRIFFIN RD 206 SNW INVESTMENT LLC Ricky Ali 2022-00001164 Active P H-ABATEMENT - 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First Hearing 830 NW 12 AVE BUSH, MICHAEL J Michelle Shahryar 2023-00000946 Active C H-FIRST HEARING - First Hearing 302 SW 1 AVE OLIVERO, STEPHANE J Michelle Shahryar 2023-00000990 Active P H-FIRST HEARING - First Hearing 720 SW 7 TER CALVARY RESTORATION MINISTRIES INC Michelle Shahryar 2023-00000995 Active C H-FIRST HEARING - First Hearing PHIPPEN RD WILEY, MIRIAM B Michelle Shahryar 2023-00001037 Active P H-FIRST HEARING - First Hearing 338 SW 4 CT ASCOT REALTY ACQUISITIONS USA LLC Michelle Shahryar 2023-00001100 Active C H-FIRST HEARING - First Hearing 121 STIRLING RD 121 STIRLING LLC Michelle Shahryar City of Dania Beach 100 West Dania Beach Blvd Dania Beach, Florida 33004 November 9, 2023 Special Magistrate Hearing Page 4 of 6 2023-00001132 Active C H-FIRST HEARING - First Hearing 214 SW 4 ST FLITER LLC Michelle Shahryar 2023-00001188 Active C H-FIRST HEARING - First Hearing 1470 SW 2 AVE DANIA REAL ESTATE LLLP Michelle Shahryar 2023-00001277 Active P H-REPEAT HEARING - Repeat Hearing 2021-1174 IRREPARABLE 307 W DIXIE HWY 307 W DIXIE LLC Michelle Shahryar 2021-00000530 Active P H-ABATEMENT - Abatement Hearing $27,100.00 206 SE 6 ST DESORMEAUX, KENT J DESORMEAUX, KIP M Ricky Ali 2023-00000104 Active P H-EXTENSION - Extension Hearing 5940 SW 37 AVE HOMESTEAD HOLDINGS 2017 LLC Ricky Ali 2023-00000195 Active P H-EXTENSION - Extension Hearing 5060 SW 43 TER GOOD'BOUNDY, CHRISTINE E Ricky Ali 2023-00000745 Active C H-FIRST HEARING - First Hearing NW 13 CT DULCIETA PROPERTIES INC Ricky Ali 2023-00000748 Active C H-FIRST HEARING - First Hearing 345 N FEDERAL HWY S O S LAND CORP #3 Ricky Ali 2023-00000789 Active P H-FIRST HEARING - First Hearing 5504 SW 43 TER DAAAM PROPERTIES LLC Ricky Ali 2023-00000810 Active P H-FIRST HEARING - First Hearing 5813 SW 40 AVE MZ & M ENTERPRISES LLC Ricky Ali 2023-00000877 Active P H-FIRST HEARING - First Hearing 5530 SW 44 AVE OSCEOLA, PETTIES C III Ricky Ali 2023-00000942 Active P H-FIRST HEARING - First Hearing SW 45 ST Hernando, Rodrigo Hernando, Ramiro Ricky Ali 2023-00000944 Active C H-FIRST HEARING - First Hearing SW 31 ST OVERSEAS COLD STORAGE LLC Ricky Ali 2023-00001004 Active C H-FIRST HEARING - 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First Hearing 702 SE 3 CT JASON KIRKCALDY JAMIE L DIMAURO Windy Damis 2020-00000377 Active P H-EXTENSION - Extension Hearing 601 NW 7 ST ROBERT A MIKES & SHEILA MIKES Windy Damis 2021-00000116 Active P H-EXTENSION - Extension Hearing 601 NW 7 ST MIKES ROBERT A & MIKES SHEILA Windy Damis 2022-00001481 Active C H-ABATEMENT - Abatement Hearing $13,500.00 2604 SW 55 ST LEVY, BETTY Windy Damis 2023-00000428 Active P H-ABATEMENT - Abatement Hearing $2500.00 2170 SW 51 PL JSRS 2170 LLC Windy Damis 2023-00000689 Active C H-FIRST HEARING - First Hearing 2961 SW 23 TER 2 RATAGAN RND CORP % ALTON DUNCAN Windy Damis 2023-00000833 Active P H-FIRST HEARING - First Hearing 5411 SW 24 AVE 5411 REALTY LLC Windy Damis 2023-00000878 Active P H-FIRST HEARING - First Hearing 2140 SW 52 ST COATES, STEPHEN MICHAEL EST Windy Damis 2023-00001010 Active P H-FIRST HEARING - First Hearing 2148 SW 52 ST RUS'S PROPERTY LLC Windy Damis 2023-00001038 Active C H-FIRST HEARING - First Hearing 2941 SW 23 TER DEOW ED BROTHERS BY THE SEA LLC Windy Damis 2023-00001052 Active P H-FIRST HEARING - First Hearing 5431 SW 32 TER INNOVATIVE ESTATE SOLUTIONS LLC Windy Damis 2023-00001053 Active C H-FIRST HEARING - First Hearing 5020 SW 29 WAY CALLAHAN, JOSEPHINE M POWELL Windy Damis City of Dania Beach 100 West Dania Beach Blvd Dania Beach, Florida 33004 November 9, 2023 Special Magistrate Hearing Page 6 of 6 2023-00001055 Active C H-FIRST HEARING - First Hearing 2897 LAKESHORE DR MICHAEL N RUBIN TR AMAR, CLAUDE TRSTEE Windy Damis 2023-00001056 Active P H-FIRST HEARING - First Hearing 5581 LAKESHORE DR LIONEL LAMONTAGNE & PAULINE TREMBLAY Windy Damis 2023-00001057 Active P H-FIRST HEARING - First Hearing 5590 LAKESHORE DR ORTAL SALMAN Windy Damis 2023-00001144 Active C H-REPEAT HEARING - Repeat Hearing 2022-1473 4861 SW 26 AVE IBCR LLC Windy Damis November 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION IN RE: AQUEOUS FILM-FORMING FOAMS PRODUCTS LIABILITY LITIGATION ) ) Master Docket No.: 2:18-mn-2873-RMG CITY OF CAMDEN, et al., Plaintiffs, -vs- 3M Company, Defendant. ) ) ) ) ) ) ) ) ) ) ) Civil Action No.: 2:23-cv-03147-RMG JOINT MOTION TO SUPPLEMENT THE PRELIMINARILY APPROVED ALLOCATION PROCEDURES 1. Plaintiffs, City of Camden, City of Brockton, City of Sioux Falls, California Water Service Company, City of Del Ray Beach, Coraopolis Water & Sewer Authority, Township of Verona, Dutchess County Water & Wastewater Authority and Dalton Farms Water System, City of South Shore, City of Freeport, Martinsburg Municipal Authority, Seaman Cottages, Village of Bridgeport, City of Benwood, Niagara County, City of Pineville, and City of Iuka (collectively, “Plaintiffs”), by and through Class Counsel, along with 3M Company (“3M,” and with Plaintiffs, the “Parties”), move to supplement Exhibit Q to the Settlement Agreement, the Allocation Procedures (ECF No. 3370-3), as preliminarily approved by Court Order dated August 29, 2023 (ECF No. 3626). The grounds for this motion are as follows: 2. Plaintiffs filed their Preliminary Approval Motion on July 3, 2023. The Preliminary Approval Motion attached as an exhibit, among other items, the Settlement Agreement between 2:18-mn-02873-RMG Date Filed 10/25/23 Entry Number 3856 Page 1 of 6 4 the Parties which itself attached a document titled Allocation Procedures as an exhibit (ECF No. 3370-3, Ex. Q). The Allocation Procedures describe the Claims Forms submission and evaluation process, the Claims Administrator’s role in assessing submissions, the various funds to which an Eligible Claimant may apply for recovery, the factors taken into account when calculating allocated awards, the mathematical formulas for applying such factors, and other such principles and guidelines that the Parties agreed shall govern the allocation process. These Allocation Procedures, along with the Settlement Agreement and its other exhibits, were granted preliminary approval by Court Order on August 29, 2023 (ECF No. 3626). 3. On October 20, 2023, the Metropolitan Water District of Southern California (“Metropolitan”) and the North Texas Municipal Water District (“NTMWD”) – collectively referring to themselves as the “Wholesalers” – filed a motion to intervene for the limited purpose of seeking additional time to obtain clarification about wholesalers’ rights and obligations under the Settlement Agreement (ECF No. 3829). 4. Class Counsel and 3M have met and conferred extensively on the issues raised by the Wholesalers. The discussions have resulted in an agreement to supplement the Allocation Procedures with the Parties’ Joint Interpretive Guidance on Interrelated Drinking-Water Systems (the “Joint Interpretive Guidance”) attached hereto, for the purpose of offering clarity and confirmation on the issues raised by the Wholesalers. 5. A short summary of the clarifications set forth in the attached Joint Interpretive Guidance is as follows: 6. In interrelated-system scenarios where multiple entities that meet the Settlement Class definition are involved in providing drinking water, the Settlement Agreement is applicable 2:18-mn-02873-RMG Date Filed 10/25/23 Entry Number 3856 Page 2 of 6 5 to all such entities and they may – either jointly or individually – submit claims and attempt to recover from the Settlement. 7. One such interrelated-system scenario is where one water system (a “retail customer”) purchases water from another entity (a “wholesaler). Purchased water is covered by the Settlement and will be taken into account by the Claims Administrator. 8. A central tenet of the Settlement Agreement is a prohibition on double recovery. The Allocation Procedures provide for payments based on Impacted Water Sources. To the extent multiple entities have claims based on the same Impacted Water Source, their allocated award may be apportioned in the manner explained in the Joint Interpretive Guidance. 9. The Settlement Agreement also contains detailed release provisions. Ultimately, whether claims are released turns on the application of these release provisions of the Settlement Agreement to the specific facts relevant to entities’ relationship to each other and to the Impacted Water Source on which their claims are based. 10. Interrelated systems may proceed through the Claims Form submission process in one of three ways: (1) jointly; (2) individually, with documentation describing their relationship and/or responsibility for PFAS treatment costs submitted unilaterally; or (3) individually, with no additional documentation submitted but subject to requests for same by the Claims Administrator. 11. The Joint Interpretive Guidance further confirms the Claims Administrator’s broad discretionary authority to request additional documentation, analyze any and all relevant information, determine a fair and equitable apportionment of allocated awards amongst interrelated systems, and generally ensure an outcome that comports with the principles and terms of the Settlement Agreement. 2:18-mn-02873-RMG Date Filed 10/25/23 Entry Number 3856 Page 3 of 6 6 12. Attached hereto is the Joint Interpretive Guidance intended to supplement the Allocation Procedures to the preliminarily approved Settlement Agreement. Class Counsel and 3M respectfully request that the Court enter an Order accepting the Joint Interpretive Guidance as a supplement to the Allocation Procedures, Ex. Q to the Settlement Agreement. Dated: October 25, 2023 Respectfully submitted, /s/ Michael A. London Michael A. London Douglas and London PC 59 Maiden Lane, 6th Floor New York, NY 10038 212-566-7500 212-566-7501 (fax) mlondon@douglasandlondon.com /s/ Paul J. Napoli Paul J. Napoli Napoli Shkolnik 1302 Avenida Ponce de León San Juan, Puerto Rico 00907 Tel: (833) 271-4502 Fax: (646) 843-7603 pnapoli@nsprlaw.com /s/ Scott Summy Scott Summy Baron & Budd, P.C. 3102 Oak Lawn Avenue, Suite 1100 Dallas, TX 75219 214-521-3605 ssummy@baronbudd.com /s/ Elizabeth A. Fegan Elizabeth A. Fegan Fegan Scott LLC 150 S. Wacker Drive, 24h Floor Chicago, IL 60606 312-741-1019 beth@feganscott.com 2:18-mn-02873-RMG Date Filed 10/25/23 Entry Number 3856 Page 4 of 6 7 /s/ Joseph F. Rice Joseph F. Rice Motley Rice 28 Bridgeside Blvd. Mount Pleasant, SC 29464 jrice@motleyrice.com Class Counsel /s/ Richard F. Bulger____________________ Richard F. Bulger Daniel L. Ring Michael A. Olsen MAYER BROWN LLP 71 South Wacker Drive Chicago, IL 60606 rbulger@mayerbrown.com dring@mayerbrown.com molsen@mayerbrown.com Brian Duffy Duffy & Young 96 Broad Street Charleston, SC 29401 bduffy@duffyandyoung.com Counsel for 3M Company 2:18-mn-02873-RMG Date Filed 10/25/23 Entry Number 3856 Page 5 of 6 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was electronically filed with this Court’s CM/ECF on this 25th day of October, 2023, and was thus served electronically upon counsel of record. /s/ Michael A. London Michael A. London Douglas and London PC 59 Maiden Lane, 6th Floor New York, NY 10038 212-566-7500 212-566-7501 (fax) mlondon@douglasandlondon.com 2:18-mn-02873-RMG Date Filed 10/25/23 Entry Number 3856 Page 6 of 6 MEMORANDUM: THE PARTIES’ JOINT INTERPRETIVE GUIDANCE ON INTERRELATED DRINKING-WATER SYSTEMS This memorandum provides guidance on how the Settlement Agreement between Public Water Systems and 3M Company applies in interrelated drinking-water systems where there is not a single entity that draws water from a source, treats the water for any contaminants, and distributes the water to residential customers and other end users. This memorandum uses as its chief example of an interrelated drinking-water system the scenario where one water system (a “retail customer”) purchases water from another entity (a “wholesaler”). The principles set forth here may also apply to other interrelated-system scenarios where more than one entity is involved in providing drinking water. The Parties will ask the Court to supplement the Settlement Agreement’s Exhibit Q (Allocation Procedures) with this memorandum, with the understanding that the Parties and/or the Claims Administrator also may amend Exhibit A (Claims Form) to reflect the memorandum’s guidance. BASIC PRINCIPLES • The Settlement Agreement applies to Public Water Systems that operate as wholesalers. Most wholesalers are registered with the EPA as Public Water Systems 1 and/or fall within the Settlement Agreement’s definition of “Public Water System.” • Public Water Systems, including wholesalers and their retail customers, are Class Members if they fall within the definition of the “Settlement Class.” A Public Water System is in the Settlement Class if it has previously detected PFAS at any level, is subject to the monitoring rules of UCMR-5, or otherwise falls within the Settlement Class definition. • Purchased water is covered by the Settlement and will be taken into account by the Claims Administrator under the Allocation Procedures. 1 In determining the number of people that a wholesaler serves, data from SDWIS’s “Population Served Count” field should be considered for both the wholesaler and related entities such as its customers, as indicated by SDWIS’s “Seller PWS ID” and “Seller PWS Name” fields. 2:18-mn-02873-RMG Date Filed 10/25/23 Entry Number 3856-1 Page 1 of 6 2 • Consistent with a fundamental precept of the Settlement, the Settlement Agreement provides for one payment for each respective water supply, not a double recovery by both the wholesaler and its retail customer. The payment may be divided between the wholesaler and the retail customer as described below. • The Settlement Agreement provides the Claims Administrator with sufficient discretionary authority, subject to the Special Master’s oversight and authority to decide appeals, to apply the terms of the Settlement Agreement (including its Exhibits) to the unique facts presented by each interrelated drinking-water system, in order to expeditiously allocate and distribute the Settlement Funds among all Qualifying Class Members in a manner that is fair and equitable and accords with the procedures and timing described in the Allocation Procedures. Appeals of the Claims Administrator’s decisions regarding apportionment of an award between two or more claimants will be governed by the appeals process described in paragraph 2.72 and section 7 of the Settlement Agreement. • The Parties recognize that time is of the essence and expect the Claims Administrator and Special Master to act accordingly in applying the Allocation Procedures. OPERATION OF ALLOCATION PROCEDURES • In almost all circumstances where a Public Water System purchases water from a wholesaler, both will be in the Settlement Class as to that water. Because the Settlement provides that there will be one amount allocated to that water to avoid double recovery or duplicative allocation, the following principles will apply to dividing the Allocated Amount between the wholesaler and the retail customer: o If the wholesaler and the retail customer come to an agreement as to how to divide the Allocated Amount, they should inform the Claims Administrator (either by submitting a Joint Claims Form, as described below, or otherwise). o Absent such an agreement, the Claims Administrator will divide the Allocated Amount based on relative capital and O&M costs of PFAS treatment borne by the wholesaler and the retail customer, respectively. The Claims Administrator shall determine how such costs 2:18-mn-02873-RMG Date Filed 10/25/23 Entry Number 3856-1 Page 2 of 6 3 are “borne” by assessing and taking into account which entity does, or has responsibility for, the PFAS treatment 2 and, to the extent it is the wholesaler, whether the retail customer paid all or part of the costs indirectly through the purchase price, under the applicable contract, or otherwise.3 • Where the wholesaler opts out (or, hypothetically, is not in the Settlement Class), but the retail customer is in the Settlement Class, the retail customer receives the recovery for the water if it shows that it bears the PFAS treatment costs for that water. • Where the retail customer opts out (or, hypothetically, is not in the Settlement Class), but the wholesaler is in the Settlement Class, the wholesaler receives the recovery for the water if it shows that it bears the PFAS treatment costs for that water. In applying these principles, the Claims Administrator will use information supplied in Claims Forms as described below. MECHANICS FOR SUBMISSION OF CLAIMS FORMS Class Members in a wholesaler-retailer relationship will have three options for submitting Claims Forms relating to the purchased water: (1) submit a Joint Claims Form to the Claims Administrator; (2) unilaterally submit other documentation to the Claims Administrator; or (3) do not make any special submission to the Claims Administrator (beyond the individual Claims Form that all Class Members must submit to qualify for payments). The effect of each option will be described next. Option One: Submit a Joint Claims Form with Another Class Member To assist the Claims Administrator in making decisions where two or more Class Members handle the same water, Class Counsel will ask the Claims 2 In this memorandum, PFAS “treatment” refers to PFAS treatment, filtration, and remediation, removal of PFAS from water or a system, and any effort to prevent PFAS from entering water or a system. 3 In this memorandum, references to “borne” and “bear” will be interpreted consistent with these principles. In determining whether a retail customer bears the cost of PFAS treatment, the Claims Administrator also may take into account whether the retail customer shows that water was re-contaminated with PFAS after sale by the wholesaler. 2:18-mn-02873-RMG Date Filed 10/25/23 Entry Number 3856-1 Page 3 of 6 4 Administrator to design a Joint Claims Form that any two (or more) Class Members may submit to provide information to help the Claims Administrator assess relevant claims. The Joint Claims Form will enable the Class Members to explain their relationship and express their joint view about the proper division of an Allocated Amount between them. For example, the Class Members submitting this Joint Claims Form may report on any contractual relationship that dictates (or at least suggests) how payments should be shared. The Claims Administrator ordinarily will adhere to any division of funds that the Class Members jointly suggest in their timely Joint Claims Form, provided the agreement is consistent with the principles and terms of the Settlement Agreement. The Joint Claims Form is in addition to the other Claims Forms required by the Settlement Agreement, which each Class Member must still submit to obtain payment. In addition, if a wholesaler owns Impacted Water Sources that are independent of and unrelated to the water that it sells to a retail customer, the wholesaler can make independent claims for those Impacted Water Sources. Likewise, if a retail customer draws or collects water from Impacted Water Sources that are independent of and unrelated to the water that it purchases from a wholesaler, the retail customer can make independent claims for those Impacted Water Sources. Option Two: Submit Other Documentation Unilaterally If, for any reason, two or more Class Members that could have submitted a Joint Claims Form do not do so, then the Claims Administrator may consider any relevant documents that either Class Member timely submits to the Claims Administrator. To facilitate the submission and review of such documents, Class Counsel will ask the Claims Administrator to design an Addendum Form to be used by any Class Member submitting such documents. These documents could include, for example, a contract dictating or suggesting how such funding should be shared or at least explaining what responsibility is borne by each Class Member for any capital and/or O&M costs of treating PFAS. Option Three: Make No Special Submission If Class Members that could submit a Joint Claims Form for a specific water supply do not submit such a Form (Option One), and if none of those Class Members submits relevant documentation (Option Two), the Claims Administrator has full discretionary authority to request additional information that he deems necessary 2:18-mn-02873-RMG Date Filed 10/25/23 Entry Number 3856-1 Page 4 of 6 5 to determine which entity or entities bear the PFAS treatment costs for that water. Absent adequate information about how PFAS treatment costs will be borne, the Claims Administrator may divide an Allocated Amount equally between or among Class Members. The expectation is that Class Members eligible to file a Joint Claims Form will timely do so, likely rendering unnecessary any request for additional information. Of course, to access funds from the Settlement Agreement, a Class Member also must submit an individual Claims Form and thus become a Qualifying Class Member. CLARIFICATIONS Scope of Release The Settlement Agreement contains detailed release provisions that specify whose claims are released. A core purpose of the release provisions is to prevent double recovery for the same water. In general, by participating in the Settlement, a Class Member releases claims on behalf of itself and its Releasing Parties (as defined in the Settlement Agreement) with respect to the water provided to (or supplied by) the Class Member. In general, if a wholesaler opts out of the Settlement Class and its retail customer is a Class Member, the release would extend to the wholesaler as to the water it provided to the Class Member except to the extent the wholesaler shows it had the obligation for and bore unreimbursed PFAS-treatment costs for that water independent of the retail customer. Ultimately, whether claims are released will turn on the application of the release provisions of the Settlement Agreement to the specific facts relevant to the wholesaler, the retail customer, and their relationship.4 Definition of “Water Source” The Settlement Agreement defines “Water Source” as, among other things, “a groundwater well, surface-water intake, or any other intake point from which a Public Water System draws or collects water for distribution as Drinking Water.” This definition is intended to be broad and includes any point from which a Public Water System may draw or collect water, regardless of whether the Water Source is owned by a retail customer or by a wholesaler. 4 Nothing in this guidance supersedes the provisions of the Settlement Agreement about the States, the federal government, or certain Public Water Systems owned by States or the federal government. 2:18-mn-02873-RMG Date Filed 10/25/23 Entry Number 3856-1 Page 5 of 6 6 The Settlement Agreement’s definition of “Water Source” contains a clause stating that, “[s]olely for purposes of the Allocation Procedures described in Exhibit Q, … a purchased water connection from a seller that is a Water Source is not a Water Source.” The definition of “Water Source” also contains a clause expressly including “the raw or untreated water” that a Public Water System draws or collects from an intake point for distribution as Drinking Water. Those clauses were intended to bar duplicative recovery for the same water. They were not intended, and should not be interpreted by the Claims Administrator, to preclude a retail customer from recovering for water that it purchases from a wholesaler, to the extent that the retail customer bears all or part of the PFAS treatment costs for that water. Nor should the clauses be interpreted to bar two or more Class Members from sharing the Allocated Amount for the water if they both bear part of the PFAS treatment costs for that water. * * * Because each interrelated drinking-water system presents unique facts, ultimately the Claims Administrator, under the Special Master’s oversight, will need to exercise sound discretion to ensure fair and equitable outcomes that comport with the principles and terms of the Settlement Agreement. 2:18-mn-02873-RMG Date Filed 10/25/23 Entry Number 3856-1 Page 6 of 6 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION IN RE: AQUEOUS FILM-FORMING FOAMS PRODUCTS LIABILITY LITIGATION ) ) Master Docket No.: 2:18-mn-2873-RMG CITY OF CAMDEN, et al., Plaintiffs, -vs- E.I. DUPONT DE NEMOURS AND COMPANY (n/k/a EIDP, Inc.), et al.,, Defendants. ) ) ) ) ) ) ) ) ) ) ) Civil Action No.: 2:23-cv-03230-RMG JOINT MOTION TO SUPPLEMENT THE PRELIMINARILY APPROVED ALLOCATION PROCEDURES 1. Plaintiffs, City of Camden, City of Brockton, City of Sioux Falls, California Water Service Company, City of Del Ray Beach, Coraopolis Water & Sewer Authority, Township of Verona, Dutchess County Water & Wastewater Authority and Dalton Farms Water System, City of South Shore, City of Freeport, Martinsburg Municipal Authority, Seaman Cottages, Village of Bridgeport, City of Benwood, Niagara County, City of Pineville, and City of Iuka (collectively, “Plaintiffs”), by and through Class Counsel, along with The Chemours Company, The Chemours Company FC, LLC, DuPont de Nemours, Inc., Corteva, Inc., and E.I. DuPont de Nemours and Company (n/k/a/ EIDP, Inc.) (the “Settling Defendant,” and with Plaintiffs, the “Parties”), move to supplement Exhibit C to the Class Action Settlement Agreement, the Allocation Procedures (ECF No. 4-2, Ex. C) as preliminarily approved by Court Order dated August 22, 2023 (ECF No. 33). The grounds for this motion are as follows: 2:18-mn-02873-RMG Date Filed 10/25/23 Entry Number 3858 Page 1 of 6 4 2. Plaintiffs filed their Preliminary Approval Motion on July 10, 2023. The Preliminary Approval Motion attached as an exhibit, among other items, the Settlement Agreement between the Parties which itself attached a document titled Allocation Procedures as an exhibit (ECF No. 4-2, Ex. C). The Allocation Procedures describe the Claims Forms submission and evaluation process, the Claims Administrator’s role in assessing submissions, the various funds to which a Settlement Class Member may apply for recovery, the factors taken into account when calculating allocated awards, the mathematical formulas for applying such factors, and other such principles and guidelines that the Parties agreed shall govern the allocation process. These Allocation Procedures, along with the Settlement Agreement and its other exhibits, were granted preliminary approval by Court Order on August 22, 2023 (ECF No. 33). 3. On October 20, 2023, the Metropolitan Water District of Southern California (“Metropolitan”) and the North Texas Municipal Water District (“NTMWD”) – collectively referring to themselves as the “Wholesalers” – filed a motion to intervene for the limited purpose of seeking additional time to obtain clarification about wholesalers’ rights and obligations under the Settlement Agreement (ECF No.40). 4. Class Counsel and the Settling Defendants have met and conferred extensively on the issues raised by the Wholesalers. The discussions have resulted in an agreement to supplement the Allocation Procedures with the Parties’ Joint Interpretive Guidance on Interrelated Drinking- Water Systems (the “Joint Interpretive Guidance”) attached hereto, for the purpose of offering clarity and confirmation on the issues raised by the Wholesalers. 5. A short summary of the clarifications set forth in the attached Joint Interpretive Guidance is as follows: 2:18-mn-02873-RMG Date Filed 10/25/23 Entry Number 3858 Page 2 of 6 5 6. In interrelated-system scenarios, where multiple entities that meet the Settlement Class definition are involved in providing drinking water, the Settlement Agreement is applicable to all such entities and they may – either jointly or individually – submit claims and attempt to recover from the Settlement. 7. One such interrelated-system scenario is where one water system (a “retail customer”) purchases water from another entity (a “wholesaler). Purchased water is covered by the Settlement and will be taken into account by the Claims Administrator. 8. A central tenet of the Settlement Agreement is a prohibition on double recovery. The Allocation Procedures provide for payments based on Impacted Water Sources. To the extent multiple entities have claims based on the same Impacted Water Source, their allocated award may be apportioned in the manner explained in the Joint Interpretive Guidance. 9. The Settlement Agreement also contains detailed release provisions. Ultimately, whether claims are released turns on the application of these release provisions of the Settlement Agreement to the specific facts relevant to entities’ relationship to each other and to the Impacted Water Source on which their claims are based. 10. Interrelated systems may proceed through the Claims Form submission process in one of three ways: (1) jointly; (2) individually, with documentation describing their relationship and/or responsibility for PFAS treatment costs submitted unilaterally; or (3) individually, with no additional documentation submitted but subject to requests for same by the Claims Administrator. 11. The Joint Interpretive Guidance further confirms the Claims Administrator’s broad discretionary authority to request additional documentation, analyze any and all relevant information, determine a fair and equitable apportionment of allocated awards amongst 2:18-mn-02873-RMG Date Filed 10/25/23 Entry Number 3858 Page 3 of 6 6 interrelated systems, and generally ensure an outcome that comports with the principles and terms of the Settlement Agreement. 12. Attached hereto is the Joint Interpretive Guidance intended to supplement the Allocation Procedures to the preliminarily approved Settlement Agreement. Class Counsel and the Settling Defendant respectfully request that the Court enter an Order accepting the Joint Interpretive Guidance as a supplement to the Allocation Procedures, Ex. C to the Settlement Agreement. Dated: October 25, 2023 Respectfully submitted, /s/ Michael A. London Michael A. London Douglas and London PC 59 Maiden Lane, 6th Floor New York, NY 10038 212-566-7500 212-566-7501 (fax) mlondon@douglasandlondon.com /s/ Paul J. Napoli Paul J. Napoli Napoli Shkolnik 1302 Avenida Ponce de León San Juan, Puerto Rico 00907 Tel: (833) 271-4502 Fax: (646) 843-7603 pnapoli@nsprlaw.com /s/ Scott Summy Scott Summy Baron & Budd, P.C. 3102 Oak Lawn Avenue, Suite 1100 Dallas, TX 75219 214-521-3605 ssummy@baronbudd.com 2:18-mn-02873-RMG Date Filed 10/25/23 Entry Number 3858 Page 4 of 6 7 /s/ Elizabeth A. Fegan Elizabeth A. Fegan Fegan Scott LLC 150 S. Wacker Drive, 24h Floor Chicago, IL 60606 312-741-1019 beth@feganscott.com /s/ Joseph F. Rice Joseph F. Rice Motley Rice 28 Bridgeside Blvd. Mount Pleasant, SC 29464 jrice@motleyrice.com Class Counsel /s/ David Brenton Dwerlkotte David Brenton Dwerlkotte Shook, Hardy & Bacon L.L.P. 2555 Grand Boulevard Kansas City, Missouri 64108-2613 Phone: (816) 474-6550 Facsimile: (816) 421-5547 Dbdwerlkotte@shb.com Counsel for The Chemours Company and The Chemours Company FC, LLC, DuPont de Nemours, Inc., Corteva, Inc., and E.I. DuPont de Nemours and Company n/k/a EIDP, Inc. 2:18-mn-02873-RMG Date Filed 10/25/23 Entry Number 3858 Page 5 of 6 8 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was electronically filed with this Court’s CM/ECF on this 25th day of October, 2023 and was thus served electronically upon counsel of record. /s/ Michael A. London Michael A. London Douglas and London PC 59 Maiden Lane, 6th Floor New York, NY 10038 212-566-7500 212-566-7501 (fax) mlondon@douglasandlondon.com 2:18-mn-02873-RMG Date Filed 10/25/23 Entry Number 3858 Page 6 of 6 MEMORANDUM: THE PARTIES’ JOINT INTERPRETIVE GUIDANCE ON INTERRELATED DRINKING-WATER SYSTEMS This memorandum provides guidance on how the Settlement Agreement between Public Water Systems and The Chemours Company, The Chemours Company FC, LLC, DuPont de Nemours, Inc., Corteva, Inc., and E.I. DuPont de Nemours and Company n/k/a EIDP, Inc. applies in interrelated drinking-water systems where there is not a single entity that draws water from a source, treats the water for any contaminants, and distributes the water to residential customers and other end users. This memorandum uses as its chief example of an interrelated drinking-water system the scenario where one water system (a “retail customer”) purchases water from another entity (a “wholesaler”). The principles set forth here may also apply to other interrelated-system scenarios where more than one entity is involved in providing drinking water. The Parties will ask the Court to supplement the Settlement Agreement’s Exhibit C (Allocation Procedures) with this memorandum, with the understanding that the Parties and/or the Claims Administrator also may amend Exhibit D (Claims Form) to reflect the memorandum’s guidance. BASIC PRINCIPLES • The Settlement Agreement applies to Public Water Systems that operate as wholesalers. Most wholesalers are registered with the EPA as Public Water Systems 1 and/or fall within the Settlement Agreement’s definition of “Public Water System.” • Public Water Systems, including wholesalers and their retail customers, are Settlement Class Members if they fall within the definition of the “Settlement Class.” A Public Water System is in the Settlement Class if it has previously detected PFAS at any level, is subject to the monitoring rules of UCMR-5, or otherwise falls within the Settlement Class definition. • Purchased water is covered by the Settlement and will be taken into account by the Claims Administrator under the Allocation Procedures. 1 In determining the number of people that a wholesaler serves, data from SDWIS’s “Population Served Count” field should be considered for both the wholesaler and related entities such as its customers, as indicated by SDWIS’s “Seller PWS ID” and “Seller PWS Name” fields. 2:18-mn-02873-RMG Date Filed 10/25/23 Entry Number 3858-1 Page 1 of 6 2 • Consistent with a fundamental precept of the Settlement, the Settlement Agreement provides for one payment for each respective water supply, not a double recovery by both the wholesaler and its retail customer. The payment may be divided between the wholesaler and the retail customer as described below. • The Settlement Agreement provides the Claims Administrator with sufficient discretionary authority, subject to the Special Master’s oversight and authority to decide appeals, to apply the terms of the Settlement Agreement (including its Exhibits) to the unique facts presented by each interrelated drinking-water system, in order to expeditiously allocate and distribute the Settlement Funds among all Qualifying Settlement Class Members in a manner that is fair and equitable and accords with the procedures and timing described in the Allocation Procedures. Appeals of the Claims Administrator’s decisions regarding apportionment of an award between two or more claimants will be governed by the appeals process described in the Settlement Agreement at § 8.8. • The Parties recognize that time is of the essence and expect the Claims Administrator and Special Master to act accordingly in applying the Allocation Procedures. OPERATION OF ALLOCATION PROCEDURES • In almost all circumstances where a Public Water System purchases water from a wholesaler, both will be in the Settlement Class as to that water. Because the Settlement provides that there will be one amount allocated to that water to avoid double recovery or duplicative allocation, the following principles will apply to dividing the Allocated Amount between the wholesaler and the retail customer: o If the wholesaler and the retail customer come to an agreement as to how to divide the Allocated Amount, they should inform the Claims Administrator (either by submitting a Joint Claims Form, as described below, or otherwise). o Absent such an agreement, the Claims Administrator will divide the Allocated Amount based on relative capital and O&M costs of PFAS treatment borne by the wholesaler and the retail customer, respectively. The Claims Administrator shall determine how such costs 2:18-mn-02873-RMG Date Filed 10/25/23 Entry Number 3858-1 Page 2 of 6 3 are “borne” by assessing and taking into account which entity does or has responsibility for the PFAS treatment 2 and, to the extent it is the wholesaler, whether the retail customer paid all or part of the costs indirectly through the purchase price, under the applicable contract, or otherwise.3 • Where the wholesaler opts out (or, hypothetically, is not in the Settlement Class), but the retail customer is in the Settlement Class, the retail customer receives the recovery for the water if it shows that it bears the PFAS treatment costs for that water. • Where the retail customer opts out (or, hypothetically, is not in the Settlement Class), but the wholesaler is in the Settlement Class, the wholesaler receives the recovery for the water if it shows that it bears the PFAS treatment costs for that water. In applying these principles, the Claims Administrator will use information supplied in Claims Forms as described below. MECHANICS FOR SUBMISSION OF CLAIMS FORMS Settlement Class Members in a wholesaler-retailer relationship will have three options for submitting Claims Forms relating to the purchased water: (1) submit a Joint Claims Form to the Claims Administrator; (2) unilaterally submit other documentation to the Claims Administrator; or (3) do not make any special submission to the Claims Administrator (beyond the individual Claims Form that all Settlement Class Members must submit to qualify for payments). The effect of each option will be described next. Option One: Submit a Joint Claims Form with Another Settlement Class Member To assist the Claims Administrator in making decisions where two or more Settlement Class Members handle the same water, Class Counsel will ask the Claims 2 In this memorandum, PFAS “treatment” refers to PFAS treatment, filtration, and remediation, removal of PFAS from water or a system, and any effort to prevent PFAS from entering water or a system. 3 In this memorandum, references to “borne” and “bear” will be interpreted consistent with these principles. In determining whether a retail customer bears the cost of PFAS treatment, the Claims Administrator also may take into account whether the retail customer shows that water was re-contaminated with PFAS after sale by the wholesaler. 2:18-mn-02873-RMG Date Filed 10/25/23 Entry Number 3858-1 Page 3 of 6 4 Administrator to design a Joint Claims Form that any two (or more) Settlement Class Members may submit to provide information to help the Claims Administrator assess relevant claims. The Joint Claims Form will enable the Settlement Class Members to explain their relationship and express their joint view about the proper division of an Allocated Amount between them. For example, the Settlement Class Members submitting this Joint Claims Form may report on any contractual relationship that dictates (or at least suggests) how payments should be shared. The Claims Administrator ordinarily will adhere to any division of funds that the Settlement Class Members jointly suggest in their timely Joint Claims Form, provided the agreement is consistent with the principles and terms of the Settlement Agreement. The Joint Claims Form is in addition to the other Claims Forms required by the Settlement Agreement, which each Settlement Class Member must still submit to obtain payment. In addition, if a wholesaler owns Impacted Water Sources that are independent of and unrelated to the water that it sells to a retail customer, the wholesaler can make independent claims for those Impacted Water Sources. Likewise, if a retail customer draws or collects water from Impacted Water Sources that are independent of and unrelated to the water that it purchases from a wholesaler, the retail customer can make independent claims for those Impacted Water Sources. Option Two: Submit Other Documentation Unilaterally If, for any reason, two or more Settlement Class Members that could have submitted a Joint Claims Form do not do so, then the Claims Administrator may consider any relevant documents that either Settlement Class Member timely submits to the Claims Administrator. To facilitate the submission and review of such documents, Class Counsel will ask the Claims Administrator to design an Addendum Form to be used by any Settlement Class Member submitting such documents. These documents could include, for example, a contract dictating or suggesting how such funding should be shared or at least explaining what responsibility is borne by each Settlement Class Member for any capital and/or O&M costs of treating PFAS. Option Three: Make No Special Submission If none of the two or more Settlement Class Members that could submit a Joint Claims Form for a specific water supply submits such a Form (Option One), and 2:18-mn-02873-RMG Date Filed 10/25/23 Entry Number 3858-1 Page 4 of 6 5 if none of those Settlement Class Members submits relevant documentation (Option Two), the Claims Administrator has full discretionary authority to request additional information that he deems necessary to determine which entity or entities bear the PFAS treatment costs for that water. Absent adequate information about how PFAS treatment costs will be borne, the Claims Administrator may divide an Allocated Amount equally between or among Settlement Class Members. The expectation is that Settlement Class Members eligible to file a Joint Claims Form will timely do so, likely rendering unnecessary any request for additional information. Of course, to access funds from the Settlement Agreement, a Settlement Class Member also must submit an individual Claims Form and thus become a Qualifying Settlement Class Member. CLARIFICATIONS Scope of Release The Settlement Agreement contains detailed release provisions that specify whose claims are released. A core purpose of the release provisions is to prevent double recovery for the same water. In general, by participating in the Settlement, a Settlement Class Member releases claims on behalf of itself and its Releasing Parties (as defined in the Settlement Agreement) with respect to the water provided to (or supplied by) the Settlement Class Member. In general, if a wholesaler opts out of the Settlement Class and its retail customer is a Settlement Class Member, the release would extend to the wholesaler as to the water it provided to the Settlement Class Member except to the extent the wholesaler shows it had the obligation for and bore unreimbursed PFAS-treatment costs for that water independent of the retail customer. Ultimately, whether claims are released will turn on the application of the release provisions of the Settlement Agreement to the specific facts relevant to the wholesaler, the retail customer, and their relationship.4 Definition of “Water Source” The Settlement Agreement defines “Water Source” as, among other things, “a groundwater well, surface water intake, or any other intake point from which a Public Water System draws or collects Drinking Water.” This definition is intended to be broad and includes any point from which a Public Water System may draw or 4 Nothing in this guidance supersedes the provisions of the Settlement Agreement about the States, the federal government, or certain Public Water Systems owned by States or the federal government. 2:18-mn-02873-RMG Date Filed 10/25/23 Entry Number 3858-1 Page 5 of 6 6 collect water, regardless of whether the Water Source is owned by a retail customer or by a wholesaler. The Allocation Procedures contain a clause stating that, “[f]or purposes [of] the Allocation Procedures, a purchased water connection from a seller that is a Water Source is not a Water Source.” That clause was intended to bar duplicative recovery for the same water. It was not intended, and should not be interpreted by the Claims Administrator, to preclude a retail customer from recovering for water that it purchases from a wholesaler, to the extent that the retail customer bears PFAS treatment costs for that water. Nor should the clause be interpreted to bar two or more Settlement Class Members from sharing the Allocated Amount for the water if they both bear PFAS treatment costs for that water. * * * Because each interrelated drinking-water system presents unique facts, ultimately the Claims Administrator, under the Special Master’s oversight, will need to exercise sound discretion to ensure fair and equitable outcomes that comport with the principles and terms of the Settlement Agreement. 2:18-mn-02873-RMG Date Filed 10/25/23 Entry Number 3858-1 Page 6 of 6 MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, OCTOBER 24, 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.PRESENTATIONS AND SPECIAL EVENT APPROVALS Certificate of Appreciation to Eric Walton. – This item was added on by Mayor Ryan. Mayor Ryan presented Code Compliance Manager, Eric Walton with a certificate of appreciation for exemplary customer service to the Dania Beach community. Recognition to Dania Dolphins 6U champs – This item was added on by Mayor Ryan. Mayor Ryan thanked the Parks & Recreation team at C.W. Thomas Park for handling the Dania Beach Dolphins and Dania Beach Cheerleading team. He congratulated the 6U team of the Dania Beach Dolphins for their Super Bowl win over the weekend and also congratulated the 12U and 14U teams. 3.1 Fiscal Year 2022-23 Investment Portfolio Update by Public Trust Advisors - Finance Minutes of Regular Meeting Dania Beach City Commission Tuesday, October 24, 2023 – 7:00 p.m. 2 Deputy Finance Director, Yeimy Guzman introduced John Grady and Rob Bettini of Public Trust Advisors. Mr. Grady and Mr. Bettini provided a presentation on the City’s Economic Update and Investment Strategy Review. 3.2 Presentation of Awards to Breast Cancer Survivors - Sponsored by Commissioner James This item was heard before item 3.1 Commissioner James presented awards to the breast cancer survivors. 3.3 Special Event Request - Blue Ridge Tree Farm - Parks and Recreation City Manager Garcia introduced the item. Vice Mayor Lewellen made a motion to approve. Commissioner James seconded the motion which carried unanimously on voice vote. 3.4 Landscape Master Plan - Griffin Road Design/East of I-95 by Public Services Director, Fernando J. Rodriguez - Public Services Public Services Director, Fernando J. Rodriguez provided a presentation on landscape master plan for Griffin Road and answered questions from the Commission. 3.5 Video of Presentation to Mirabella Bove - Make A Wish Southern Florida – Sponsored by Commissioner Salvino Commissioner Salvino introduced the item, and a video was presented of Mayor Ryan presenting a proclamation to Mirabella Bove. 3.6 Approval of Posthumous Proclamation to City of Miami Gardens Mayor Shirley Gibson - Sponsored by Commissioner James There was consensus to approve the proclamation. 3.7 Approval of Proclamation to BSO Deputy Wilson - Sponsored by Mayor Ryan There was consensus to approve the proclamation. 4.PROCLAMATIONS 4.1 Posthumous Proclamation to City of Miami Gardens Mayor Shirley Gibson – Sponsored by Commissioner James Commissioner James introduced the item and read the proclamation. 4.2 Proclamation to BSO Deputy Wilson - Sponsored by Mayor Ryan Minutes of Regular Meeting Dania Beach City Commission Tuesday, October 24, 2023 – 7:00 p.m. 3 Mayor Ryan took this item with item #6 with Chief Tarala’s public safety report. Mayor Ryan read the proclamation. Commissioner James and Commissioner Davis thanked Deputy Wilson for his hard work and dedication to the city. 5.ADMINISTRATIVE REPORTS 5.1 City Manager City Manager Garcia thanked the Parks and Recreation team for putting together the breast cancer event. She thanked Parks and Recreation, Public Services and the Marketing Department for the Dania After Dark Oktoberfest event. There was over 2000 people in attendance. She thanked Captain Tarala and Lieutenant Cooper for keeping the City safe through all of the events. The City is looking forward to the next Dania After Dark event on November 11, 2023. She spoke about the second annual Leadership Summit for senior leaders and said the City is committed to outstanding customer service and being better leaders and service providers each and every day. The City will be holding the Fall Festival on October 27th at C.W. Thomas Park and the entire community is invited to come out. She reported on the second phase of the beautification and landscaping project for the City and a partnership with Nova Southeastern to bring Women’s Crew and Rowing to Dania Beach. She reminded everyone of the State of the City event to be held on November 9, 2023, at the Le Meridien Hotel and the Light Up Dania Beach celebration scheduled for November 30, 2023. 5.2 City Attorney City Attorney Boutsis commented that the social media policy workshop has been moved to January 23rd at 5:00 p.m. and asked for consensus from the Commission. Consensus was received. 5.3 City Clerk - Reminders City Clerk Riera reminded the Commission of their upcoming CRA and Regular meetings on - November 14, 2023, at 5:30 p.m. and 7:00 p.m. 6.PUBLIC SAFETY REPORTS Captain Tarala reported on recent arrests and criminal activity within the City. He gave an update on the speed measurement system placed at SE 2nd Avenue and reported that the data shows there is not a speeding issue in front of Dania Beach Elementary School. He said the homeless gentleman they had previously spoken about is in a 90-day treatment facility. The department will be holding an Active Shooter presentation at Le Meridien; they held Stop the Bleed training for all of the C.O.P.’s and tonight they were at PJ Meli Park for the Halloween event. He said in reference to the ongoing security issues, he is in constant contact with Homeland Security, and they have a detailed incident action plan in place; the plan will be continuing, and the increased patrols will continue. Minutes of Regular Meeting Dania Beach City Commission Tuesday, October 24, 2023 – 7:00 p.m. 4 Fire Chief Pellecer reported on the bi-annual cleaning of the fire gear. He said the department has participated in pre-incident planning where they prepare for structural firefighting; this helps the young firefighters understand the hazards that are associated with each structure. He thanked the Commission for the Safe Air System that was installed and gave an overview of the system and how it works. He commented that seventeen of the fire recruits participated in the Dania Pointe 5k run. The firefighters have continued visiting the schools in the City discussing fire safety with the children. 7.CITIZENS’ COMMENTS The following spoke under public comments: - Hunter Adak – 101 SE 1st Avenue - Joanna Granett – 450 SE 7th Street 8.CONSENT AGENDA Commissioner James made a motion to approve the consent agenda. The motion was seconded by Vice Mayor Lewellen which carried unanimously on voice vote. 8.1 Minutes: October 10, 2023, City Commission Regular Meeting Minutes Approved under consent agenda. 8.2 Travel Requests: None. 8.3 RESOLUTION NO. 2023-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE RECEIPT OF GRANTS FUND IN THE AMOUNT OF FIFTY-SIX THOUSAND THREE HUNDRED NINETEEN DOLLARS SIXTY CENTS ($56,319.60), TO PROVIDE FOR FUNDING FOR SARGASSUM REMOVAL; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) Approved under consent agenda. 8.4 RESOLUTION NO. 2023-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RETROACTIVELY APPROVING THE WAIVER OF THE COMPETITIVE BIDDING REQUIREMENT FOR CITYWIDE EMERGENCY PUMPING SERVICES WITH KAILAS CORP. IN AN AMOUNT OF SEVENTY- FIVE THOUSAND THREE HUNDRED THIRTY-SIX DOLLARS ($75,336.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) Minutes of Regular Meeting Dania Beach City Commission Tuesday, October 24, 2023 – 7:00 p.m. 5 Approved under consent agenda. 8.5 RESOLUTION NO. 2023-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF FUNDS FOR MONTHLY SERVER MONITORING AND SUPPORT SERVICES, INCLUDING ADDITIONAL CONTRACTED SUPPORT FROM LAN INFOTECH, FOR FISCAL YEAR 2023-24, THAT EXCEED AN ANNUAL VENDOR TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00); PROCEEDING WITHOUT COMPETITIVE BIDDING AND AUTHORIZING PURCHASES FROM THE INFORMATION TECHNOLOGY FUND APPROVED ANNUAL BUDGET APPROPRIATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance) Approved under consent agenda. 8.6 RESOLUTION NO. 2023-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF NINE FORD VEHICLES AND TWO PIECES OF HEAVY EQUIPMENT FOR PUBLIC SERVICES, PARKS AND RECREATION, AND THE CODE ENFORCEMENT DIVISION IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY SIX THOUSAND FOUR HUNDRED TWENTY SIX DOLLARS AND TWENTY CENTS ($656,426.20) FROM BACHRODT FT (DBA PALMETTO FORD) AND DOBBS EQUIPMENT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS, BY UTILIZING THE PRICING UNDER THE FLORIDA SHERIFFS ASSOCIATION (“FSA”) CONTRACT FSA23-VEL31.0 AND FSA23-EQU21.0; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) Approved under consent agenda. 8.7 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 AND AUTHORIZING THE CITY OF DANIA BEACH’S APPLICATION TO SECURE FUNDING FOR THE CONSTRUCTION OF WEST 1ST AVENUE-COMPLETE STREET PROJECT ALONG WEST 1ST AVENUE FROM OLD GRIFFIN ROAD TO STIRLING ROAD. (Community Development) Approved under consent agenda. 9.BIDS AND REQUESTS FOR PROPOSALS: Minutes of Regular Meeting Dania Beach City Commission Tuesday, October 24, 2023 – 7:00 p.m. 6 9.1 RESOLUTION NO. 2023-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, AUTHORIZING THE AWARD OF INVITATION TO BID NO. 23-011 “LIME SLUDGE HAULING AND REMOVAL” AND TO ENTER INTO AN AGREEMENT WITH GOVEA TRUCKING INC. FOR WATER TREATMENT PLANT LIME SLUDGE REMOVAL AND DISPOSAL SERVICES IN AN AMOUNT THAT MAY EXCEED THE ANNUAL VENDOR THRESHOLD AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00) FOR EACH FISCAL YEAR THE CONTRACT IS IN PLACE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) City Attorney Boutsis read the title of the ordinance into the record. Public Services Director, Fernando Rodriguez, introduced the item. Commissioner James made a motion to approve the item. The motion was seconded by Vice Mayor Lewellen which carried unanimously on voice vote. 9.2 RESOLUTION NO. 2023-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE AWARD OF BID ITB NO. 2023-007, ENTITLED, “STORM SEWER AND SEWER MAIN CLEANING SERVICES” AND TO ENTER INTO AN AGREEMENT WITH KAILAS CORP. AND HINTERLAND GROUP INC. IN AN AMOUNT THAT MAY EXCEED THE ANNUAL VENDOR THRESHOLD AMOUNT OF FIFTY THOUSAND DOLLARS ($50,0000.00) FOR EACH FISCAL YEAR THAT THE CONTRACT IS IN PLACE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services) City Attorney Boutsis read the title of the ordinance into the record. Deputy Public Services Director, Dincer Ozaydin, introduced the item. Commissioner James made a motion to approve the item. The motion was seconded by Vice Mayor Lewellen which carried unanimously on voice vote. 10.QUASI-JUDICIAL HEARINGS: 10.1 RESOLUTION NO. 2023-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE TOWNHOMES COMPLEX SITE PLAN (SP-091-22) AND DESIGN VARIATIONS (OT-78-23, OT-79-23, OT-80-23) APPLICATION FOR PROPERTY OWNER, STARLIFE GROUP, LLC, WHOSE PROPERTY IS LOCATED AT 20 SW 15TH STREET IN THE CITY OF 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) Minutes of Regular Meeting Dania Beach City Commission Tuesday, October 24, 2023 – 7:00 p.m. 7 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. Applicant Gevorg Shahbazyan presented a PowerPoint on their proposal. Mayor Ryan opened the floor to public comments, there being none, public hearing was closed. Commissioner James made a motion to approve the item. Mayor Ryan asked about the location of the balconies. The applicant responded that they thought the residents would prefer overlooking greenery as opposed to vehicles on US-1. The motion was seconded by Commissioner Salvino which carried unanimously on voice vote. 10.2 RESOLUTION NO. 2023-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, INVOKING ZONING IN PROGRESS; DECLARING THAT THE CITY IS CONSIDERING AN AMENDMENT TO ITS LAND DEVELOPMENT CODE TO ESTABLISH CRITERIA TO IMPLEMENT LIVE LOCAL, FOR THE IMPLEMENTATION OF REGULATIONS RELATING TO FLORIDA STATUTES 420.50872, WHICH ZONING IN PROGRESS SHALL BE APPLIED TO THE CITY’S COMMERCIAL, INDUSTRIAL OR MIXED USE ZONING DISTRICTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) City Attorney Boutsis read the title of the resolution into the record. Deputy Director of Community Development, Corinne Lajoie, 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 item. The motion was seconded by Commissioner James which carried unanimously on voice vote. 11.FIRST READING ORDINANCES 11.1 ORDINANCE NO. 2023-____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF CITY FUNDS EXCEEDING ONE MILLION DOLLARS ($1,000,000.00), WHICH EXPENDITURE IS NOT TO EXCEED THE PROJECT ESTIMATE OF SIXTEEN MILLION EIGHT HUNDRED FIFTEEN THOUSAND EIGHT HUNDRED FIVE DOLLARS AND TWENTY-FOUR CENTS ($16,815,805.24) AS Minutes of Regular Meeting Dania Beach City Commission Tuesday, October 24, 2023 – 7:00 p.m. 8 APPROVED BY THE CITY COMMISSION, TO FUND THE SOUTHEAST DRAINAGE RETROFIT PROJECT, PHASE I; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services) City Attorney Boutsis read the title of the ordinance into the record. Deputy Public Services Director, Dincer Ozaydin, introduced the item. Commissioner James asked how long the project will take and Deputy Public Services Director, Dincer Ozaydin responded that it would take approximately 18 months. 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 first reading. The motion was seconded by Vice Mayor Lewellen which carried unanimously on voice vote. 12.SECOND READING ORDINANCES 12.1 ORDINANCE NO. 2023-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF CITY FUNDS EXCEEDING ONE MILLION DOLLARS ($1,000,000.00), WHICH EXPENDITURE S NOT TO EXCEED ONE MILLION SIX HUNDRED THOUSAND DOLLARS ($1,600,000.00) FOR THE PURCHASE OF 148 NORTH FEDERAL HIGHWAY, DANIA BEACH, FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (City Manager) 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. 12.2 ORDINANCE NO. 2023-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY THE CITY OF DANIA BEACH TO REZONE PROPERTY LOCATED AT 100 NW 8 AVENUE, DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT “A”; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM NEIGHBORHOOD RESIDENTIAL (NBHD-RES) TO OPEN SPACE (OS) (APPLICATION NO. RZ-074-23), SUBJECT TO CERTAIN RESTRICTIONS; AND AMENDING THE CITY’S ZONING MAP TO REFLECT THE REZONING OF THE PARCEL, AS REFLECTED IN EXHIBIT “B”; PROVIDING FOR Minutes of Regular Meeting Dania Beach City Commission Tuesday, October 24, 2023 – 7:00 p.m. 9 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. Deputy Director of Community Development, Corinne Lajoie, introduced the item. Mayor Ryan opened the floor to public comments, there being none, public hearing was closed. Commissioner James made a motion to approve the ordinance on second reading. The motion was seconded by Vice Mayor Lewellen which carried unanimously on voice vote. 13.DISCUSSION AND POSSIBLE ACTION 13.1 Discussion Regarding New Location for Totor Art Sculpture - Sponsored by Commissioner Salvino Commissioner Salvino introduced the item. Vice Mayor Lewellen commented that she believes it looks great in its current location, however it’s not city property. She would prefer it be on city property and is in favor of it being at City Hall. Commissioner Davis stated that she is in favor of the sculpture being relocated to City Hall. Mayor Ryan asked if the dog park would receive any kind of artwork in that area and Commissioner Davis responded that the Public Art Advisory Board will be recommending a program where there will be a rolling roster of artists that could submit art for the Board to consider. City Manager Garcia said she wanted to ensure the location does not interfere with the Veteran’s Park. Mayor Ryan recommended placing it at the beach or by Tootie Adler Park in a location where it will be visible. Discussion ensued regarding the possible location of the sculpture. Commissioner Salvino suggested moving the sculpture to City Hall and purchasing more artwork for the other areas such as the dog park and beach. There was majority consensus to move the sculpture to City Hall. 14.APPOINTMENTS None. 15.COMMISSION COMMENTS Minutes of Regular Meeting Dania Beach City Commission Tuesday, October 24, 2023 – 7:00 p.m. 10 15.1 Commissioner Davis Commissioner Davis thanked Commissioner James and the Parks & Recreation staff for the breast cancer event this evening at City Hall; she acknowledged Carolyn Jones for her presence and contribution to the event. She commented that the Dania After Dark Oktoberfest was a huge success and the Dania Pointe 5k run was phenomenal. She spoke about the graffiti at the beach and said that she would like to have it thoroughly investigated. She had a great time with Mayor Ryan and Commissioner Salvino at the Greater Fort Lauderdale Alliance event. 15.2 Commissioner James Commissioner James spoke about the Dania Pointe 5k run and the breast cancer event. She commented that she is hoping that the City will continue with the event in the future as it was here before her and it is very meaningful to so many in the community. 15.3 Commissioner Salvino Commissioner Salvino spoke about the Greater Fort Lauderdale Alliance event; he wished a happy birthday to City Manager Garcia and Maxine Singh. He commented on the employee picnic, Dania After Dark Oktoberfest and the breast cancer event. 15.4 Vice-Mayor Lewellen Vice Mayor Lewellen thanked the City team for making the Commission and City continuously look good, she is looking forward to the Fall Festival at C.W. Thomas Park and wished a happy birthday to City Manager Garcia. 15.5 Mayor Ryan Mayor Ryan wished a happy birthday to City Manager Garcia, Maxine Singh, and Elora Riera. He reminded everyone of the Fall Festival at C.W. Thomas Park where he will be honoring the Super Bowl and Cheerleading Champions with the Dania Beach Dolphins and encouraged everyone to attend the State of the City event on November 9th. He wished everyone a happy and safe Halloween. 16.ADJOURNMENT Mayor Ryan adjourned the meeting at 9:27 p.m. ATTEST: CITY OF DANIA BEACH ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR Approved: November 14, 2023 City of Dania Beach Public Services Memorandum DATE: 11/14/2023 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: COMMUNITY SHUTTLE SERVICE - RESOLUTION TO APPROVE THIRD AMENDMENT BETWEEN BROWARD COUNTY AND THE CITY Request: The Public Services Department seeks approval of a resolution to execute a Third Amendment to the Interlocal Agreement between the City and Broward County to reflect an increase in the hourly rate for operating the buses utilized by the City’s subcontractor, Limousines of South Florida, Inc. Background: On January 2021, the Parties executed a First Amendment to the Agreement, which addressed the hourly rate increase per the bid related to (“ITB”) #2019-009 authorizing the contract award bid for the operation of the Community Shuttle Service (CSS) to Limousines of South Florida, Inc. As subsequent and second amendment addressed the assignment of two new vehicles to the operation. The current and third amendment is to increase the County’s funding to reflect the hourly rate increase based on the BID ITB NO. 2023-004 –“Community Shuttle Transportation Services” bid award via Resolution 2023-061 for the CSS contracted operation, which resulted in an hourly rate increase from $45.00 per hour to $68.48 per hour, per Exhibit “F” in the attached amendment Budgetary Impact None. The total annual funding increase required to address the hourly rate adjustment is fully funded by Broward County. Recommendation It is recommended that the City Commission Approve the resolution to execute the Third Amendment to the Interlocal Agreement between the City and Broward County. RESOLUTION NO. 2023-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A THIRD AMENDMENT TO AN INTERLOCAL AGREEMENT ("ILA") WITH BROWARD COUNTY AND THE CITY OF DANIA BEACH RELATING TO COMMUNITY SHUTTLE BUS TO INCREASE THE FUNDING REQUIRED BY THE HOURLY RATE INCREASE ASSOCIATED WITH THE COMMUNITY SHUTTLE SERVICE OPERATIONS FROM FORTY FIVE DOLLARS ($45.00), PER HOUR, TO SIXTY EIGHT DOLLARS AND FORTY EIGHT CENTS ($68.48), PER HOUR; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Public Services Department awarded BID ITB No. 2023-004- “Community Shuttle Transportation Services” to Limousines of South Florida” via Resolution No. 2023-061; and WHEREAS, the City Commission authorizes the proper City officials to execute a Third Amendment to the existing ILA between the City and Broward County, which will increase from Forty Five Dollars ($45.00) to Sixty Eight Dollars and Forty Eight Cents ($68.48), per hour; a copy of the Third Amendment to the ILA is attached as Exhibit "A", and it 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 City Manager and City Attorney are authorized to make revisions to such Amendment as are deemed necessary and proper and in the best interests of the City. Section 2.That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3.That 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. RESOLUTION #2023-______ PASSED AND ADOPTED on __________________, 2023. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Commissioner Joyce L. 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- THIRD AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR COMMUNITY SHUTTLE SERVICE This Third Amendment ("Third Amendment") is entered into by and between Broward County, a political subdivision of the State of Florida ("County"), and the City of Dania Beach, a municipal corporation located in Broward County, Florida, organized and existing under the laws of the state of Florida (the "City") (collectively referred to as the "Parties"). RECITALS A. The Parties entered into the Interlocal Agreement between Broward County and the City of Dania Beach for Community Shuttle Service, dated October 3, 2019 (the " Original Agreement"), to provide for Community Shuttle Service as an alternative form of public transportation for residents within the jurisdictional limits of the City. B. The Original Agreement was amended by a First Amendment, dated January 25, 2021, which modified Exhibit "F" to increase the funding to reflect the rate in the City's agreement with its Subcontractor, and a Second Amendment, dated September 24, 2021, which amended Exhibit "D" to reflect the vehicles that are being utilized for City's agreement with its Subcontractor. The Original Agreement, as amended by the First Amendment and the Second Amendment, is referred to herein as the "Agreement." C. The Parties now desire to enter this Third Amendment to increase funding to reflect the latest rate increase under the City's most recent Request for Proposal (RFP). Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. The above Recitals are true and correct and are incorporated herein by reference. All capitalized terms not expressly defined within this Third Amendment shall retain the meaning ascribed to such terms in the Agreement. 2. Amendments to the Agreement made pursuant to this Third Amendment are indicated herein by use of strikethroughs to indicate deletions and bold/underlining to indicate additions. Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. 3. Exhibit F is hereby amended as indicated in the attached Exhibit F. 4. New Sections 11.23 and 11.24 are added to the Agreement as follows (bold/underlining omitted): -2- 11.23 Prohibited Telecommunications Equipment. City represents and certifies that its Subcontractor does not use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-26. City shall require its Subcontractor to represent and certify that the Subcontractor shall not provide or use such covered telecommunications equipment, system, or services during the Term. 11.24 Criminal History Screening Practices. If this Agreement is subject to the requirements of Section 26-125(d) of the Code, City represents and certifies that City and its Subcontractor will comply with Section 26-125(d) of the Code for the duration of the Term. 5. In the event of any conflict or ambiguity between this Third Amendment and the Agreement, the Parties agree that this Third Amendment shall control. The Agreement, as amended herein by this Third Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter hereof that are not contained in the Agreement as amended in this Third Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 6. Preparation of this Third Amendment has been a joint effort of the Parties and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than any other. 7. City acknowledges that through the date this Third Amendment is executed by City, City has no claims or disputes against County with respect to any of the matters covered by the Agreement. 8. The effective date of this Third Amendment shall be the date of complete execution by the Parties. 9. This Third Amendment may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. (Remainder of Page Intentionally Left Blank) -3- IN WITNESS WHEREOF, the Parties hereto have made and executed this Third Amendment to Agreement: Broward County, through its County Administrator, authorized to execute same by Board action on the 20th day of August, 2019, Item 70, and the City of Dania Beach, signing by and through its ________________, duly authorized to execute same. COUNTY BROWARD COUNTY, by and through its County Administrator By____________________________ County Administrator ____ day of ______________, 20__ Approved as to form by Andrew J. Meyers Broward County Attorney 115 South Andrews Avenue, Suite 423 Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 By____________________________ Angela J. Wallace (Date) Transportation Surtax General Counsel AJW/hb City of Dania Beach Community Bus Third Amendment 08/29/2023 #23-114.00 -4- THIRD AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR COMMUNITY SHUTTLE SERVICE CITY ATTEST: _______________________________ CITY CLERK CITY OF DANIA BEACH By: CITY MAYOR Print Name _____ day of __________, 20___ I HEREBY CERTIFY that I have approved this Agreement as to form and legal sufficiency subject to execution by the parties: City Attorney -1- City of Dania Beach Community Development Memorandum DATE: 11/14/2023 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Candido Sosa- Cruz, ICMA-CM, Deputy City Manager Eleanor Norena, CFM, Community Development Director SUBJECT: Program for Public Information (PPI) Committee 2022-2023 Annual Evaluation Report Request: To approve the City’s Floodplain Managements Program of Public Information (PPI) Committees 22/23 Annual Evaluation Report. Background: In 2018, The City of Dania Beach improved its Community Rating System (CRS) Class Rating from a Class to a Class 6 Rating which resulted in twenty (20%) percent insurance premium savings for our residents. The CRS is a voluntary National Flood Insurance Program (NFIP) which reduces flood insurance premiums for properties in eligible communities. The program enables property owners in participating communities to purchase insurance protection, administered by the government that are in the Special Flood Hazard Area in a community that participates in the NFIP that adopt adequate land use and control measures with effective enforcement provisions to reduce flood damages by restricting development in areas exposed to flooding. As part of the City’s participation in the NFIP and CRS, the program for Public Information (PPI) Committee must hold at least one meeting annually to discuss the goals and objectives relating to programs for public information and flood insurance promotions. The PPI committee consists of the five members that include, City team members; Nannnette Rodriguez, Marketing and Communications Director, Shanesa Miranda, Permitting Office Supervisor, and other related professionals; Joanna Granett, Lilli Schipper and Nicole Coppock that all work in the city. The attached annual evaluation report provides the topics discussed at the annual committee meeting and a copy shall be submitted to the Elected Officials for review and approval. Budgetary Impact None Recommendation The Community Development Department is recommending approval of the City’s Floodplain Management PPI Committees 22/23 Annual Evaluation Report. Program for Public Information Page 1 of 18 October 2023 City of Dania Beach, Florida Program for Public Information (PPI) 2023 Update Background The City of Dania Beach has developed an outreach program to educate the community concerning matters pertaining to floodplain management and to highlight its importance to the community. In October 1993, the City of Dania Beach qualified for the Community Rating System (CRS) Program. CRS is a part of the National Flood Insurance Program (NFIP). It provides reductions to flood insurance premiums in participating communities. The reductions are based on community floodplain management programs, including public informatio n activities. To keep those discounts, communities must continue to implement their programs and provide status reports to the NFIP each year. Since its entrance into the CRS Program, the City has included the dissemination of flood -related information to its residents and businesses. The City of Dania Beach also values matters of environmental concern. To this end, it has emphasized not only the life and property protection components of floodplain management but also the natural and beneficial functions of floodplains and the maintenance of open space. Furthermore, it continues active compliance with the MS4 program (Municipal Separate Storm Sewer Systems). The MS4 program is part of the US Environmental Protection Agency’s efforts to reduce pollution caused by untreated stormwater runoff. In a concerted effort to enhance its outreach efforts, the City implemented a Program for Public Information (PPI) program, in accordance with the PPI standard outlined in the 2017 CRS Coordinator’s Manual. The first PPI Report was initially adopted by the City Commission in 2018 and has since served as the City’s guide for enhanced outreach. The City is pleased that its efforts can not only prove beneficial to the Dania Beach community through mitigation of the hazardous effects of flooding, but they can also prove beneficial in maximizing credit in the CRS program. In accordance with the CRS program’s requirement that every community’s Program for Public Information be updated after 5 years, this report has been developed both to fulfill that requirement and to enhance and update the City’s outreach. PPI Committee The City’s Program for Public Information Committee is composed of key individuals representing applicable departments in the City as well as key community stakeholders representing a range of the City’s citizens and businesses. This year, the PPI Committee met two times to develop the Program for Public Information 2023 Update: • February 15, 2023 • March 8, 2023 This document, which embodies the results of the PPI Committee’s work, will serve as the community’s guide to implement and expand the effectiveness of dissemination of floodplain management information to its public. Meetings were held via Zoom. The PPI Committee members include three stakeholders and two City staff members. Program for Public Information Page 2 of 18 October 2023 City of Dania Beach Stakeholders: Joanna Granett, Resident Stakeholder As President of the Dania Beach Historical Society and Museum, local Lion’s Club member and Dania Beach Improvement Committee Board member, Joanna is an engaged and invested resident who also serves as a member of the Public Art Advisory Board and the Green Advisory Board. Lilli Schipper, Real Estate Agent at LoKation Real Estate. A native South Floridian, Lilli Schipper is a Broker Associate at LoKation Real Estate with over 19 years’ experience working in the South Florida real estate market serving Dania Beach residents. Lilli also serves as the Dania Beach Public Art Advisory Board Co-Chair. Nicole Coppock, Insurance Agent & Client Advisor at Frank H. Furman Inc. Representing the insurance profession as a licensed agent, with 17 years of experience serving the insurance needs of Dania Beach residents, Nicole Coppock is currently the Assistant Manager at Frank Furman Inc. She has served on the Dania Beach PPI Committee for 1 year. City of Dania Beach Staff: Katia Bordy, Public Communications Officer Katia Bordy is an experienced professional in broadcast television (producer, camera operator & video editor), graphic design, multimedia marketing and web development. Ms. Bordy manage d the City’s communication through a variety of mediums during the development of this PPI. Moving forward, however, Nannette Rodriguez, the City’s Marketing & Communication Director will replace Katia on the Committee: Nannette Rodriguez, Marketing and Communications Directo With over 30 years of municipal communications and marketing experience, Rodriguez leads the communication efforts of this PPI using best practices and effective and proven methods. Rodriguez is also FEMA certified and has served as lead public information officer in multiple emergency operations. Shanesa Miranda, CRS Coordinator & Permitting Office Supervisor Shanesa Miranda serves as CRS Coordinator for the City of Dania Beach and has been a staff member for 4 years. Her professional experience includes performing supervisory duties for the building division and assisting with enforcement of the Florida Building Code and related regulations that promote safe building standards and practices. Additional responsibilities include coordinating the annual CRS certification with other departments and continuing to improve the City’s CRS classification. CRS Max Consultants, Inc. served as facilitator in the development of the PPI. Assessment of Public Information Needs Because the Committee had previously developed a Program for Public Information in 2018, it was able to build upon much of what had already been developed. In its first meeting, the committee began by assessing the community’s public information needs pertaining to the local flood hazard. In the City of Dania Beach intense or prolonged, concentrated rain is the primary cause of localized flooding. Major rainfall events occur in association with hurricanes, tropical storms, and thunderstorms associated with frontal systems. This overabundance of rainfall creates saturated soil conditions, after which additional rain causes surface ponding or an overflow of catchment canals and ponds. This can result in street and yard flooding, which is regarded as nuisance flooding. Flood damage to buildings has historically been significant, as confirmed by the fact that by 2018 there had been 35 Repetitive Loss Properties, and 384 paid flood insurance claims since 1979, of which 8 were classified as “Substantial Damage” claims. Program for Public Information Page 3 of 18 October 2023 Target Areas: The committee agreed that, while it is important that the whole community receive public information pertaining to flooding, there are some areas and groups that particularly need to be targeted. 1. Target Area #1: Properties within the Repetitive Loss Areas. Any area that has been subject to repetitive losses from flooding, as defined by the NFIP, needs to be especially targeted for public information. A special outreach project entailing an advisement to the properties in these areas in the City will continue to be undertaken. The four advisements specified in the 2017 CRS Coordinator’s Manual will be included. 2. Target Area #2: Evacuation Zones. Properties located east of Federal Highway within storm surge evacuation zones are deemed to be especially vulnerable because they are not only subject to the flooding events resulting from heavy rain but also from storm surges and tidal events. 3. Target Area #3: Flood-prone Areas in the City. There are several flood-prone areas in the City. The fact that many of the existing homes have low elevations because they were built pre-FIRM contributes to their tendency to flood. Considering this vulnerability, these areas should be recipients of targeted outreach. Target Audiences: The committee recognized several additional target audiences, other than those characterized by target areas, which need flood-related information. 1. Target Audience #1: Condominium and Homeowner Associations. Because condominium and homeowner associations typically concern themselves with matters vital to their respective communities, this was determined to be an appropriate target audience. 2. Target audience #2: Banks and Mortgage Companies. Banks and mortgage companies can be especially impacted by flooding because of the fiscal exposure they face . Accordingly, this target audience was determined to be important. 3. Target audience #3: Insurance Agencies. Because insurance agencies are central to the National Flood Insurance Program and because they are in a strong position to encourage flood ins urance coverage, the committee identified this as a target group. 4. Target audience #4: Real Estate Agencies. Because real estate agencies are key players in the purchase of properties and can encourage flood insurance coverage, the committee identified t his audience as a target group. 5. Target audience #5: New Residents. Most new residents within the City’s water service areas, except those in condo communities that provide water service, must establish a new water service account when they also receive a “New Resident” welcome packet. Flood mitigation information can easily and effectively be distributed at that time and possibly through a partnership with the condo associations that provide water for their residents. Program for Public Information Page 4 of 18 October 2023 Included in the assessment of public information was an assessment of the projects which are already being undertaken both by the various departments within the City and by stakeholders and agencies outside the City. A listing of some of the projects conducted by the City or by others is included in Table 1 below. Table 1. Other Public Information Efforts Organization Project Subject Matter Frequency City of Dania Beach Flood hazard brochure Various hurricane and flood- related topics Annually in May City of Dania Beach Monthly newsletter by email Various topics Monthly City of Dania Beach Presentations at Parks meetings Various topics Several times annually City of Dania Beach Handouts and brochures available at various locations Various flood-related topics Year-round City of Dania Beach Social Media Platforms Various flood-related topics Year-round Press releases Various flood-related topics As needed Website Various flood-related topics Year-round Map inquiry service Flood hazard areas, Flood Insurance 101, flood protection Year-round MS4 Projects, Swale and Canal Maintenance, Illegal Dumping Signage, etc. Take care of your storm drain; protect water quality, no illegal dumping Year-round Library and Museums Books and displays Mitigate flood damage, flood insurance, protect storm water, prevent flooding and other messages as deemed appropriate Year-round South Florida Water Management District Handouts on water flow and stormwater management Stormwater management Available year- round Local TV Stations Hurricane preparedness publications Hurricane preparedness Annually at beginning of hurricane season Regional network TV and radio stations Coverage in hurricane season Preparation for and response to hurricanes and floods May - November Local news media Newspaper Various topics Weekly Local news media Newspaper (French) Various topics Weekly Florida Power & Light Hurricane preparedness pamphlet included with monthly bill Preparation for hurricanes May An assessment of flood insurance coverage was also conducted and is discussed later in this report. Program for Public Information Page 5 of 18 October 2023 Topics, Messages and Outcomes After assessing the Community’s flooding information needs, the PPI Com mittee identified the following as the priority messages. Each message has a desired, measurable, outcome, as shown in Table 2. Table 2. Topics, Messages and Desired Outcomes Topic Messages Outcome 1. Know your flood hazard 1. Call the City of Dania Beach Community Development at 954-924-6805 #1 to find out if a building is located in a Special Flood Hazard Area. More map information inquiries 2. Insure your property for flood hazard 2.A. Everyone in Florida should purchase a flood insurance policy to protect their building and/or contents. 2.B. Call your insurance agent today to purchase flood insurance. Increase in the number of flood insurance policies 3. Protect people from the hazard 3.A. Obey evacuation orders from officials. 3.B. Stay away from power lines and electrical wires. Fewer injuries and fatalities 4. Protect your property from the hazard 4.A. Elevate furniture and other household valuables and electrical appliances or move them to higher floors. 4.B. Staff can offer suggestions and visit your site to offer property protection advice. Reduced property loss due to flooding 5. Build responsibly 5. Some flood protection methods require a construction permit. Reduced number of building department citations 6. Protect natural floodplain functions 6. It is everyone’s responsibility to protect natural areas and keep them clean. Improved maintenance of natural areas 7. Be prepared for hurricanes 7. Watch the local weather reports and have extra batteries on hand for a weather radio. Reduced property loss from hurricanes 8. Maintain your storm drains 8. Oils, lawn clippings, cigarette butts and other substances should never be put down a storm drain. Reduced street flooding events from clogged storm drains 9. Be prepared for storm surge 9. Know your evacuation zone, route and shelter locations. Increased evacuation in storm events 10. Drive responsibly 10. Do not drive through flooded roadways. Reduced flooding damage to vehicles and homes Program for Public Information Page 6 of 18 October 2023 Outreach Projects to Convey Messages After determining the messages and their desired outcomes, the committee proceeded to identify outreach projects to convey the messages. The PPI Committee identified 28 projects and initiatives that are recommended to be implemented. Many of the projects have already been established and their continued implementation is recommended. Other projects are specific recommendations of the committee that can be implemented to enhance the current outreach program. Table 7 included at the end of this report, represents a compilation of the recommended projects, complete with the assignment as to who is responsible for implementation and when implementation is anticipated. One important change in outreach that the PPI Committee determined in its 2023 Update is the implementation of electronic, rather than printed, media to fulfill publicity requirements. It is noted that effective communications are increasingly conveyed t hrough electronic, rather than through printed, media. Newspapers are being supplanted by news feeds, hardback books are being replaced by electronic books, letters are being replaced by emails. This trend is clear and growing. Considering this movement from print to electronic media, the committee recommends the primary media used by the City for publicity of all required elements be electronic. Not only does this recommendation result from considerations of effectiveness and efficiency, but there is also an economic component. The printing and postal costs for mailing hard copies of flood -related materials to all the buildings in the community can be expensive. The committee recommends electronic formats, such as emails, social media, website, television, radio and news feeds be the primary means used to publicize the required elements in the CRS program. At a minimum, the following electronic-based media should be utilized for each one of the publicity requirements: • Website • Email blasts • Social media • Government Access TV Channel The PPI Committee has determined that this new approach makes sense from the perspective of effectiveness, efficiency, and economy and recommends this publicity strategy be utilized for all required publicity elements in the CRS program, including: • Activity 310 – Elevation Certificates • Activity 320 – Map Information Services • Activity 360 – Flood Protection Assistance • Property protection advice (PPA) • Protection advice provided after a site visit (PPV) • Activity 370 – Flood Insurance Promotion • Activity 540 – Drainage System Maintenance • Activity 610 – Flood Warning and Response Additional discussion ensued concerning the benefit of utilizing stakeholders to disseminate informatio n. The committee members who are also stakeholders expressed a willingness to assist with dissemination of flood-related information. Other Public Information Initiatives In addition to the outreach projects recommended in Table 7 there are other important public information initiatives that are an integral part of the community’s CRS program. The PPI Committee acknowledges Program for Public Information Page 7 of 18 October 2023 the importance of advertising through public information venues the various services that the City offers, some of which are credited in the CRS program under other activities. In particular, the City will advertise the following assistance that it offers: • Activity 310 (Elevation Certificates): The availability of elevation certificates will continue to be advertised in the City’s email newsletter, on the City website and advertised in the City flood hazard brochure at least annually. • Activity 320 (Map Information Service): This service continues to be offered. Three CRS map information elements have been identified to maximize points in relation to CRS and will continue to be implemented. This service is advertised in the City flood hazard brochure at least annually and on the City website. • Activity 340 (Hazard Disclosure): The PPI Committee recommends advising real estate agents of the state’s hazard disclosure requirement for coastal communities in its annual targeted outreach. • Activity 350 (Flood Protection Information): The PPI Committee noted that the City has an informative website which covers all of the 10 messages chosen by the committee. The website is updated to maximize CRS credit in this item. FEMA publications and locally pertinent documents are cataloged at the Broward County Public Library. • Activity 360 (Flood Protection Assistance): The City continues to offer these services to the community and will advertise the services, including site visits, in the flood hazard brochure at least annually and on the City website. • Activity 370 (Flood Insurance Promotion) The City will offer advice on flood insurance, which will be advertised in the City’s flood brochure that will be mailed with a utility bill annually, and on the website. • Activity 540 (Drainage System Maintenance): The “no dumping” regulations will continue to be advertised in the newsletter and on social media, at least annually and on the City website, and in the City flood hazard brochure at least annually. • Activity 610 (Flood Warning and Response): Flood warning and safety information will be advertised to the entire community in the City flood hazard brochure at least annually, and included on the City website and social media Flood Response Preparations In addition to projects that are implemented every year, the PPI Committee recommends projects that will be implemented immediately before, during, and after a flood. These projects are ready for reproduction and dissemination after a flood warning. A copy of the Flood Response Preparations (FRP) document was reviewed by Marketing & Communication Director, Nannette Rodriguez. The document is recommended as a toolkit for the City to utilize as deemed most appropriate in the event of a major flood or hurricane event. The projects are briefly described at the end of this PPI in Table 8. Implementation, Monitoring and Evaluation Upon adoption of the PPI Report, the various entities listed in Table 7 will begin implementation of the projects included in the PPI. The CRS Coordinator will monitor the projects as they are developed, as well as their results. He/she will record input from PPI Committee members and suggestions from other City employees and stakeholders participating in the activities. The PPI Committee will meet at least once each year to review the implementation of these projects and initiatives. At that time, the status of the projects will be explained and progress toward the outcomes will be discussed. The committee will review the outcomes of the activities to change, add, or approve them. An evaluation report will then be written and sent by email for approval by the committee. Upon approval it will be sent to the Commission and submitted as part of the City’s annual recertification package to the Community Rating System. A review and evaluation of the Flood Insurance Promotion component of the PPI, and the Flood Response Preparations document will be included in this document. Program for Public Information Page 8 of 18 October 2023 Flood Insurance Promotion In addition to serving as the City’s Program for Public Information Committee, the members chose to function also as its Flood Insurance Promotion Committee. The committee was structured with this purpose in mind; all CRS committee membership requirements are met. Flood Insurance Coverage Assessment: Tables 3, 4 and 5 provided helpful information to assess the city’s flood insurance coverage. Table 3: Flood Insurance Coverage Overview: Program for Public Information Page 9 of 18 October 2023 Table 4: Flood Insurance Coverage by Flood Zone: Table 5: Flood Insurance Coverage by Occupancy: Program for Public Information Page 10 of 18 October 2023 Map Flood Insurance Coverage Map 1 below depicts the distribution of all historical flood insurance claims in Dania Beach by census block. The flood insurance claims data, dated January 31, 2017, was provided by FEMA. Care was taken not to violate privacy rights. While this information is not current, it does provide some general perspective that may be helpful in evaluating flood insurance coverage. Map 1: Distribution of Historical Flood Insurance Claims With that data the City of Dania Beach developed a map, with a flood zone overlay depicting the flood insurance coverage within the community. The concentration of flood insurance policies in designated areas enables an easy comparison of areas in the community. Discussions with CRS authorities led to the determination that census blocks could form a good unit of evaluation. First, it is a unit available to all communities. Second, the units are typically drawn to cover relatively homogenous populations, which is beneficial in the determination of strategies to increase flood insurance coverage. Finally, the size and number of such units are manageable for a community the size of the City of Dania Beach. A comparison of the concentration of flood insurance policies in each census block helps to gain a clearer understanding of the various factors that determine flood insurance coverage. The map is color coded, enabling a viewer to observe at a glance those areas that have a greater or lesser concentration of flood insurance policies. Program for Public Information Page 11 of 18 October 2023 Map 2: Policies per Census block The PPI Committee used these tables and maps to make some helpful assessments of the flood insurance coverage. Discussion ensued as the committee compared the concentrations of flood insurance claims with the concentrations of flood insurance policies. Following are some of the assessments made: • There were 2,566 active policies in the community and a total of 384 closed, paid claims. • Relatively few properties west of I-95 had flood insurance claims. • Some areas that have the highest concentration of policies do not tend to have the highest concentration of claims. • The area that had the most concentration of claims did not have a high concentration of policies. Accordingly, the committee identified this area, located in the southeast area of the city, as a target area for flood insurance promotion. The committee noted that the intensity of flood insurance claims does not tell the complete story of damage resulting from flooding. Because not all properties carry flood insurance, no doubt there is damage that is sustained by those other properties that is not quantified in the NFIP record. Program for Public Information Page 12 of 18 October 2023 Identification of Target Areas The committee identified the same target areas as were previously identified in this PPI report. Target Area #1: Properties within the Repetitive Loss Areas Target Area #2: Evacuation Zones Target Area #3: Flood-prone Areas In addition to these areas, based upon an evaluation of the maps above, for the specific purpose of promoting flood insurance to an area with a noticeably higher concentration of claims but a relatively low concentration of policies, the committee identified an even more focused target area comprised of the following community: Target Area #4: Area in Southeast bounded by E. Dania Beach Boulevard, SE 5th Avenue, SE 3rd Place and SE 3rd Street Identification of Target Audiences The committee identified the same target audiences for flood insurance promotion as were previously identified in this PPI report. Target Audience #1: Condominium and Homeowner Associations Target audience #2: Banks and Mortgage Companies Target audience #3: Insurance Agencies Target audience #4: Real Estate Agencies Target audience #5: New Residents Table 6 below provides a summary of the number of buildings in the respective flood zones in Dania Beach: Table 6: Buildings in flood zones Flood Zone Number of Buildings AE 1134 AH 1513 VE 0 Program for Public Information Page 13 of 18 October 2023 Narrative Summary The committee was in agreement that the promotion of flood insurance is a very important message for the Dania Beach community and that it needs to be prioritized. The following assessments were among those made by the committee. • Several areas in the community were identified by the committee as being particularly vulnerable to flooding and/or lacking in flood insurance coverage. These areas are being specifically targeted for outreach. • Repetitive loss areas are typically particularly vulnerable to flooding; targeted outreach to these areas is recommended. • The target areas and audiences that were already identified in the PPI are recommended as target areas and audiences under flood insurance promotion efforts. • An increase in both building coverage and property content coverage is recommended. • It was noted that condo coverage is comparable in number to coverage of non-condo properties; the cost for coverage, however, was significantly higher for non-condo properties. Outcomes of flood insurance promotion efforts should include the following: • Increasing the number of buildings insured throughout the community, and especially within the target areas • Increasing the number of properties with contents coverage • Increasing the number of properties with flood insurance located outside the SFHA. Coverage Improvement Plan: Projects Designed to Increase Flood Insurance Participation Numerous projects have already been identified in the previous sections of this PPI document, including Table 1. Other projects are listed in Table 7; among the topics covered and messages proposed, the promotion of flood insurance is paramount. There are informative brochures in local insurance agency offices, and there are incentives at these offices designed to promote flood insurance. Additionally, this community receives FloodSmart commercials on television. Following are a few of the projects that should be prioritized: 1. Letter from Mayor: One key component of the coverage improvement plan is the letter from the Mayor, or other elected official(s), to all properties in the City encouraging residents and businesses to consider purchasing flood insurance. 2. Outreach to property owners in Target Areas: The committee determined that perhaps the ones who need the message of flood insurance promotion most are the ones most vulnerable to flooding. These will be recipients of several outreach projects. 3. Social media postings: Because the City of Dania Beach has developed effective social media capabilities, this will be implemented to get the flood insurance promotion message out. Technical Assistance The City is committed to providing technical assistance pertaining to advising people who have questions about flood insurance. This service is advertised to the entire community in the Flood Hazard Brochure. Adoption This document will become effective when it is adopted by the City of Dania Beach Commission. The adoption is anticipated in October 2023. Program for Public Information Page 14 of 18 October 2023 Table 7: PPI/Flood Insurance Promotion Outreach Projects and Initiatives Outreach Projects (OP) Target Audience Project # Message(s) (See Table 2) Outcome (See Table 2) Project Assignment Schedule Stakeholder All properties in the City OP #1 1-10 1-10 City Flood Hazard Brochure CRS Coordinator Annually OP #2 1-10 1-10 Handouts and brochures available at various locations CRS Coordinator Year-round OP #3 1-10 1-10 Articles in local weekly magazine/ newspaper Magazine/ newspaper staff Monthly Local News Media OP #4 1-10 1-10 Articles in local French language magazine magazine staff Weekly magazine Local News Media OP #5 1 - 10 1 - 10 Social Media postings of flood information Public Information Officer Year-round OP #6 2 2 Flood insurance promotion letter from mayor or other elected official included as part of flood flyer (370) CRS Coordinator July OP #7 1 - 10 1 - 10 Public service information and announcements on City Government Access Channel Public Information Officer Year-round OP #8 3-4,8-9 3-4,8-9 Hurricane Preparedness Guides Published by Local TV Channels Local TV Channels Annually in May Local TV Channels OP #9 3-4, 8-9 3-4, 8-9 Hurricane Preparedness Guide published by local Newspaper newspaper staff Annually in May Local newspaper OP #10 6, 8 6, 8 Advisements against clogging storm drains and polluting drainage system (MS4 activities) CRS Coordinator Year-round OP #11 1, 6, 8 1, 6, 8 Handouts on water flow and stormwater management South Florida Water Management District Available year- round South Florida Water Management District Program for Public Information Page 15 of 18 October 2023 Outreach Projects (OP) Target Audience Project # Message(s) (See Table 2) Outcome (See Table 2) Project Assignment Schedule Stakeholder OP #12 1 - 10 1 - 10 Water bill Inserts CRS Coordinator Monthly OP #13 3-4, 7, 9-10 3, 4, 7 and 9 ‘Code Red’ Messages to subscribers Public Information Officer As needed for emergencies OP #14 1-10 1-10 Parks Department presentations Parks Department Year-round OP #15 1, 4-5 1, 4-5 Property Protection Advice/Site Visits response (Activity 360) CRS Coordinator Year-round OP #16 1 - 10 1 - 10 Public Library (Activity 350) CRS Coordinator Year-round OP #17 1,6 1,6 Map inquiry service (Activity 320) CRS Coordinator Year-round OP #18 1 - 10 1 - 10 City website flood and preparedness information (Activity 350) Public Information Officer Year-round OP #19 1 - 10 1 - 10 Hurricane preparedness pamphlet included with monthly bill Florida Power and Light May Florida Power and Light Homeowner and Condo Associations OP #20 1-10 1-10 Mailed and/or emailed flood mitigation materials CRS Coordinator Year-round Flood-prone Areas in the Southeast OP #21 1-10 1-10 Mailed flood mitigation materials CRS Coordinator Year-round Evacuation Zones OP #22 1 - 10 1 - 10 Distribution of flood awareness material CRS Coordinator July Repetitive Loss Areas OP #23 1 - 10 1 - 10 Flood awareness information including flood insurance CRS Coordinator May – general outreach; followed by flood insurance promotion outreach Program for Public Information Page 16 of 18 October 2023 Outreach Projects (OP) Target Audience Project # Message(s) (See Table 2) Outcome (See Table 2) Project Assignment Schedule Stakeholder New residents at times of new water service OP #24 1 - 10 1 - 10 Flood awareness information handouts CRS Coordinator Year-round Area bounded by E. Dania Beach Blvd., SE 5th Ave., SE 3rd Pl. & SE 3rd St. OP #25 2 2 Flood insurance promotion mailing CRS Coordinator May Banks and mortgage companies OP #26 1-10 1-10 Flood awareness information mailing CRS Coordinator May Real estate agencies OP #27 1-10 1-10 Flood awareness information mailing CRS Coordinator May Insurance agencies OP #28 1-10 1-10 Flood awareness information mailing CRS Coordinator May Table 8: Flood Response Preparations Outreach Projects FRP Number Target Audience Message(s) (See Table 2) Outcome (See Table 2) Project Assignment Schedule Stakeholder FRP #1 N/A 1-4; 7-9 1-4; 7-9 Social Media PSAs Public Information Officer Before the storm N/A FRP #2 N/A 1-4; 7-9 1-4; 7-9 Additional Social Media PSAs Public Information Officer Before the storm N/A FRP #3 N/A 1-4; 7-9 1-4; 7-9 Email PSAs Public Information Officer Before the storm N/A FRP #4 N/A 1-4; 7-9 1-4; 7-9 Brochure handouts Public Information Officer Before the storm N/A FRP #5 N/A 1-4; 7-9 1-4; 7-9 TV/ Radio PSAs Public Information Officer Before the storm N/A Program for Public Information Page 17 of 18 October 2023 FRP Number Target Audience Message(s) (See Table 2) Outcome (See Table 2) Project Assignment Schedule Stakeholder FRP #6 N/A 1-4; 7-9 1-4; 7-9 'Code Red' messages Public Information Officer Before the storm N/A FRP #7 N/A 1-4; 7-9 1-4; 7-9 Newspaper PSAs Public Information Officer Before the storm N/A FRP#8 N/A 1-4; 7-9 1-4; 7-9 EOC communications Public Information Officer Before the storm N/A FRP#9 N/A 1-4; 7-9 1-4; 7-9 Social Media PSAs Public Information Officer During the storm N/A FRP#10 N/A 1-4; 7-9 1-4; 7-9 Additional Social Media PSAs Public Information Officer During the storm N/A FRP#11 N/A 1-4; 7-9 1-4; 7-9 Email PSAs Public Information Officer During the storm N/A FRP#12 N/A 1-4; 7-9 1-4; 7-9 Brochure handouts Public Information Officer During the storm N/A FRP#13 N/A 1-4; 7-9 1-4; 7-9 TV/ Radio PSAs Public Information Officer During the storm N/A FRP#14 N/A 1-4; 7-9 1-4; 7-9 'Code Red' messages Public Information Officer During the storm N/A FRP#15 N/A 1-4; 7-9 1-4; 7-9 Newspaper PSAs Public Information Officer During the storm N/A FRP#16 N/A 1-4; 7-9 1-4; 7-9 EOC communications Public Information Officer During the storm N/A FRP#17 N/A 1-4; 7-9 1-4; 7-9 Social Media PSAs Public Information Officer After the storm N/A FRP#18 N/A 1-4; 7-9 1-4; 7-9 Additional Social Media PSAs Public Information Officer After the storm N/A FRP#19 N/A 1-4; 7-9 1-4; 7-9 Email PSAs Public Information Officer After the storm N/A FRP#20 N/A 1-4; 7-9 1-4; 7-9 Brochure handouts Public Information Officer After the storm N/A FRP#21 N/A 1-4; 7-9 1-4; 7-9 TV/ Radio PSAs Public Information Officer After the storm N/A Program for Public Information Page 18 of 18 October 2023 FRP Number Target Audience Message(s) (See Table 2) Outcome (See Table 2) Project Assignment Schedule Stakeholder FRP#22 N/A 1-4; 7-9 1-4; 7-9 'Code Red' messages Public Information Officer After the storm N/A FRP#23 N/A 1-4; 7-9 1-4; 7-9 Newspaper PSAs Public Information Officer After the storm N/A FRP#24 N/A 1-4; 7-9 1-4; 7-9 EOC communications Public Information Officer After the storm N/A FRP#25 N/A 1-4; 7-9 1-4; 7-9 Public Address System Public Information Officer After the storm N/A City of Dania Beach Community Development Memorandum DATE: 11/14/2023 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Candido Sosa-Cruz, Deputy City Manager Eleanor Norena, CFM, Director Corinne Lajoie, AICP, Deputy Director SUBJECT: Pledge of support for the Southeast Florida Regional Climate Action Plan. Request: The City Commission pledge of support for the Southeast Florida Regional Climate Action Plan Background: The southeast Florida region is considered one of the most vulnerable areas of the country to the consequences of global climate change, with impacts including: • sea level rise • elevated groundwater levels • rainfall intensification • extreme heat • ocean acidification These changes present extreme risk to the regional communities, economy, and natural systems. In recognition of the need for immediate, coordinated, and visionary action to address the impacts of a changing climate and provide for economic and environmental resilience in Southeast Florida, in 2010 the counties of Broward, Miami-Dade, Monroe, and Palm Beach (Compact Partners) entered the Southeast Florida Regional Climate Change Compact (Compact). The Compact has been an international model for regional collaboration on climate action, with development of key tools, resources, and a Regional Climate Action Plan to expedite and harmonize efforts in support of 111 local and tribal governments across the four-county region. To continue these efforts, the third iteration of the Regional Climate Action Plan (RCAP 3.0) was undertaken in 2022, through a collaborative process involving more than 150 subject matter experts representing public and private sectors, academic institutions, and not-for-profit organizations. The RCAP 3.0 is voluntary framework designed to align, guide, and support the acceleration of local and regional climate action in Southeast Florida toward a shared vision of a low-carbon, healthy, prosperous, more equitable, and more resilient region. Local and tribal governments have individually demonstrated significant climate leadership, and the RCAP supports the alignment of these individual local efforts with the regional framework and vision. The RCAP does not provide a mandate, but rather serves as a voluntary guidance document that local and tribal governments can adopt and utilize in a manner that reflects their unique context, priorities, and vision for the future of their community. Our regions response to the climate crisis represents an opportunity to build more resilient, livable, equitable communities; bolster regional economic security and advance vibrant, low- carbon innovation economies; and deliver resilient infrastructure that meets community needs now and into the future. There is power in the collective action of counties, municipalities, and tribal governments in jointly developing, advancing, and advocating for mutually beneficial regional, state, and national climate and energy strategies, policies, regulations, and agreements that are consequential to Southeast Florida’s shared resilience and prosperity. To show the City of Dania Beach’s support of this effort, by signing on to the Southeast Florida Climate Action Pledge, the City commitments to: • jointly advance strategic climate adaptation and mitigation planning, programs, policies, and projects, • support the implementation of the RCAP 3.0 through integrating its recommendations and strategies into existing and future relevant planning, program, policy, and project development as appropriate, and • utilize and integrate tools and resources developed by the Compact, as appropriate, in climate action planning and implementation, including application of the Regionally Unified Sea Level Rise Projection, participation in the Compact Climate Assessment Tool (C-CAT), and engagement in Compact events including RCAP Implementation Workshops and attendance at the Annual Climate Leadership Summit Budgetary Impact None. Recommendation It is recommended that the City Commission support the pledge endorsing the Southeast Florida Climate Action Pledge. 1 RESOLUTION #2023-______ RESOLUTION NO. 2023-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PLEDGING ITS SUPPORT AS A MEMBER OF THE SOUTHEAST FLORIDA LOCAL AND TRIBAL GOVERNMENTS, ENDORSING THE SOUTHEAST FLORIDA CLIMATE ACTION PLEDGE; AGREEING TO ADVANCE, WITH ITS CO-MEMBERS, THE STRATEGIC CLIMATE ADAPTATION AND MITIGATION PLANNING, PROGRAMS, POLICIES AND PROJECTS; AND ADVANCING THE IMPLEMENTATION OF THE REGIONAL CLIMATE ACTION PLAN AS MAY BE APPROPRIATE FOR THE CITY OF DANIA BEACH, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Southeast Florida is considered one of the most vulnerable areas of the country to the consequences of global climate change, with impacts including sea level rise, elevated groundwater levels, rainfall intensification, extreme heat, and ocean acidification presenting extreme risk to Southeast Florida’s communities, economy, and natural systems; and WHEREAS, in recognition of the need for immediate, coordinated and visionary action to address the impacts of a changing climate and provide for economic and environmental resilience in Southeast Florida, in 2010 the counties of Broward, Miami-Dade, Monroe, and Palm Beach (Compact Partners) entered into the Southeast Florida Regional Climate Change Compact (Compact); and WHEREAS, the Compact has been an international model for regional collaboration on climate action, with development of key tools, resources, and a Regional Climate Action Plan to expedite and harmonize efforts in support of 111 local and tribal governments across the four- county region; and WHEREAS, to continue these efforts, the third iteration of the Regional Climate Action Plan (RCAP 3.0) was undertaken in 2022, through a collaborative process involving more than 150 subject matter experts representing public and private sectors, academic institutions, and not- for-profit organizations; and WHEREAS, the RCAP 3.0 is voluntary framework designed to align, guide, and support the acceleration of local and regional climate action in Southeast Florida toward a shared vision of a low-carbon, healthy, prosperous, more equitable, and more resilient region; and 2 RESOLUTION #2023-______ WHEREAS, local and tribal governments have individually demonstrated significant climate leadership, and the RCAP supports the alignment of these individual local efforts with the regional framework and vision; and WHEREAS, the RCAP does not provide a mandate, but rather serves as a voluntary guidance document that local and tribal governments can adopt and utilize in a manner that reflects their unique context, priorities, and vision for the future of their community; and WHEREAS, our response to the climate crisis represents an opportunity to build more resilient, livable, equitable communities; bolster regional economic security and advance vibrant, low-carbon innovation economies; and deliver resilient infrastructure that meets community needs now and into the future; and WHEREAS, there is power in the collective action of counties, municipalities, and tribal governments in jointly developing, advancing, and advocating for mutually beneficial regional, state, and national climate and energy strategies, policies, regulations, and agreements that are consequential to Southeast Florida’s shared resilience and prosperity; and WHEREAS, the City of Dania Beach, along with all local and tribal governments throughout Broward, Miami-Dade, Monroe, and Palm Beach counties, are invited to sign on to the Southeast Florida Climate Action Pledge; and WHEREAS, the City of Dania Beach desires to sign onto the Southeast Florida Climate Action Pledge. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. Recitals. That the above recitals are true and correct and are incorporated by this reference. Section 2. Pledge. The City adopts the Southeast Florida Climate Action Pledge, which is attached and incorporated by reference as Exhibit A to this resolution. Section 3. Effective Date. That this Resolution shall become effective 10 days after adoption. 3 RESOLUTION #2023-______ PASSED AND ADOPTED on , 2023. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Commissioner Joyce L. 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 CITY OF DANIA BEACH’S ADOPTION OF THE SOUTHEAST FLORIDA CLIMATE ACTION PLEDGE Section 1. The City of Dania Beach pledges to jointly advance strategic climate adaptation and mitigation planning, programs, policies, and projects. Section 2. The City of Dania Beach pledges to support the implementation of the RCAP 3.0 through integrating its recommendations and strategies into existing and future relevant planning, program, policy, and project development as appropriate. Section 3. The City of Dania Beach pledges to utilize and integrate tools and resources developed by the Compact, as appropriate, in climate action planning and implementation, including application of the Regionally Unified Sea Level Rise Projection, participation in the Compact Climate Assessment Tool (C-CAT), and engagement in Compact events including RCAP Implementation Workshops and attendance at the Annual Climate Leadership Summit. City of Dania Beach Finance Memorandum DATE: 11/14/2023 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Frank L. DiPaolo, Chief Financial Officer SUBJECT: Resolution amending the fiscal year 2022-23 budget providing for additional funding appropriations in the General Fund Request: The Finance Department requests approval of a Resolution amending the fiscal year 2022-23 budget providing for additional funding appropriations in the General Fund. Background: The Finance Department recommends approval of a budget amendment for the receipt and expenditure of additional Chapter 175 Premium Insurance Tax Funds and Flood Insurance proceeds. Firefighter Pension Supplement Each year, the City receives surplus Insurance Premium Tax funds that must be remitted to the Firefighters’ Pension Trust Fund and Municipal Police Officers’ Retirement Trust Fund under Florida Statutes Chapter 175 . The amount is not known until it is received and therefore, is not budgeted. For fiscal year 2023, the City received an additional sum of $125,481.21 for the Firefighters Pension, which must be remitted to the pension fund within five days of receipt. Therefore, payment must be made before the budget can be amended. Flood Insurance Proceeds The City suffered a tremendous flood in April 2023, which resulted in damage to a number of the City's facilities. The City directly received Flood Insurance proceeds for the repairs in fiscal year 2023 for damage to the I.T, Parker and Public Services buildings. The receipt and expenditure of insurance proceeds requires a budget amendment. Budgetary Impact Upon approval of the Resolution, the following budget amendment will be posted: General Fund Appropriations Sources of Funds Fire Chapter 175 Pension Supplement 001-00-00-312-51-00 $ 125,482.00 Insurance Reimbursements 001-00-00-369-91-01 $ 201,103.00 Total Sources of Funds: $ 326,585.00 Uses of Funds Fire – Pension Supplement 001-22-01-522-22-12 $ 125,482.00 Transfer to Capital Projects Fund 001-18-00-519-91-35 $ 81,581.00 I.T Parker-Repairs & Maint. Bldgs 001-72-04-572-46-40 $ 33,229.00 Public Services- Repairs & Maint. Bldgs 001-39-01-539-46-40 $ 86,293.00 Total Uses of Funds: $ 326,585.00 Recommendation Approve the Resolution amending the fiscal year 2022-23 budget providing for additional funding appropriations in the General Fund RESOLUTION NO 2023-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR AN AMENDED BUDGET APPROPRIATION FOR FISCAL YEAR 2022-2023; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 27, 2022, the City Commission of the City of Dania Beach adopted a City-wide budget for Fiscal Year 2022-23; and WHEREAS, on October 10, 2023, the City Commission of the City of Dania Beach approved an amendment for the Fiscal Year 2022-23 budget pursuant to Resolution No. 2023-126, which included an amendment from funds received from the State of Florida for the Chapter 175 Fire Fighter Pension Supplement and insurance proceeds for repairs at the City’s Marina; and WHEREAS, the City Administration’s end-of-year review of City operations through September 30, 2023, projects an estimated need for additional funding appropriations in the General Funds also related to additional funds received from the State, for Chapter 175 Fire Fighter Pension Supplement and money received from flood insurance for consideration by the City Commission and is attached as Exhibit “A”, which is made a part of and incorporated into this Resolution by this reference; and WHEREAS, the City seeks an amendment to the appropriated budget to include the state funds for the Fire Fighter Pension Supplement and Flood insurance payments received; and WHEREAS, in accordance with Florida Statutes 166.241, a public hearing has been publicly noticed and conducted prior to consideration of the proposed budget amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1.That the above “WHEREAS” clauses are ratified and confirmed as being true and correct, and they are made a part of and incorporated into this Resolution by this reference. Section 2.That the City Commission hereby amends the budget as shown in Exhibit “A”, which is attached and made a part of this Resolution by this reference. Section 3.That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4.That this Resolution shall be effective 10 days after passage. 2 RESOLUTION #2023-______ PASSED AND ADOPTED on , 2023. Motion by ______________________, second by ________________________. FINAL VOTE ON ADOPTION: Commissioner Joyce L. 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 3 RESOLUTION #2023-______ EXHIBIT “A” END OF YEAR BUDGET AMENDMENT FOR FY2022-23 General Fund Appropriations Sources of Funds Fire Chapter 175 Pension Supplement 001-00-00-312-51-00 $ 125,482.00 Insurance Reimbursements 001-00-00-369-91-01 $ 201,103.00 Total Sources of Funds: $ 326,585.00 Uses of Funds Fire – Pension Supplement (State Reimbursement) 001-22-01-522-22-12 $ 125,482.00 Transfer to Capital Projects Fund 001-18-00-519-91-35 $ 81,581.00 I.T Parker-Repairs & Maint. Services Buildings 001-72-04-572-46-40 $ 33,329.00 Public Services- Repairs & Maint. Services Buildings 001-39-01-539-46-40 $ 86,293.00 Total Uses of Funds: $ 326,585.00 Sold To: City of Dania Beach- City Clerk's Office - CU00117511 100 W. Dania Beach Blvd Dania Beach,FL 33004-3699 Bill To: City of Dania Beach- City Clerk's Office - CU00117511 100 W. Dania Beach Blvd Dania Beach,FL 33004-3699 Published Daily Fort Lauderdale, Broward County, Florida Boca Raton, Palm Beach County, Florida Miami, Miami-Dade County, Florida State Of Florida County Of Orange Before the undersigned authority personally appeared Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL, a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the attached copy of advertisement, being a Legal Notice in: The matter of 11720-Notice of Public Meeting , Was published in said newspaper by print in the issues of, or by publication on the newspaper¶s website, if authorized on Nov 01, 2023 Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Signature of Affiant Sworn to and subscribed before me this: November 02, 2023. Signature of Notary Public Name of Notary, Typed, Printed, or Stamped Personally Known (X) or Produced Identification ( ) Affidavit Delivery Method: E-Mail Affidavit Email Address: eriera@daniabeachfl.gov,emcclendon@daniabeachfl.gov,djennings@daniabeachfl.gov 7521965 SUN-SENTINEL Order # - 7521965 SUN-SENTINEL City of Dania Beach City Attorney Memorandum DATE: 11/14/2023 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Eve Boutsis, City Attorney SUBJECT: Interlocal Agreement with Broward County Pertaining to Film Permits Request: The City Administration is requesting approval of the attached Interlocal Agreement with Broward County relating to film permits. Background: To make Dania Beach and Broward County a more desirable destination for film, television, and other entertainment productions (“Productions”), the City and County believe it is beneficial to establish uniform processes for the application, issuance, and management of permits for Productions. Sections 20-261, et seq., Broward County Code of Ordinances (“Film Permit Ordinance”), authorizes the County to enter into interlocal agreements with municipalities (each a “Participating Municipality”) whereby the Broward County Film Commission (“Film Commission”) will act as a “one-stop shop” for Productions to apply for and obtain film permits. The City desires to engage County to perform film permitting services on its behalf in accordance with the terms of this Agreement. The ILA includes Exhibit A, which is the City’s additional procedures for filming permits, which provides: 1. That all film permit requests to be processed through the Broward County Film Commission Office. The complete film permit and Certificate of Insurance should be submitted a minimum of five working days before the scheduled shoot date. 2. Broward County Film Commission Office will submit all film permitting application requests and Certificate of Insurance to Film Liaison, Christine Lottier, Executive Assistant to the City Manager, clottier@daniabeachfl.gov, 954-924-6800 x 3606. 3. The film application will be routed to the following City of Dania Beach departments/divisions for review and comments. Each department/division will determine the necessary requirements. (a) Code Compliance/Beach Ranger Division (b) Parks and Recreation Department (c) Broward Sheriff’s Office Law Enforcement Department (d) Broward Sheriff's Office Fire Rescue Department (e) Building Official/Building Division 4. Requests for filming at the Dania Beach Pier. If approved the production company is to pay the standard entrance fee for each cast/crew member that enters the Pier. The production company does not have exclusive use of the Pier. Intermittent patron stoppage only. 5. Parking fees will be charged for filming at the Dania Beach Municipal beach parking lot. The production company will pay for each parking space occupied by using the PayByPhone application. For large-scale productions the Beach Ranger Division will work with the production company to determine the number of parking spaces needed. The production company will pay the required parking fees in advance to the City of Dania Beach prior to the shoot date. 6. If off-duty detail is requested, the production company will work directly with Broward Sheriff’s Administration Office to secure and pay for the detail. 7. Production company will work directly with Broward Sheriff’s Fire Rescue Division for all required inspections/fees. 8. The City of Dania Beach does not allow filming at the beach on Saturday or Sunday, Monday – Friday only. Budgetary Impact The cost to the City should be minimal, and the film permit applicant would be responsible for any BSO services to secure the area. Recommendation The City Administration recommends approval to authorize the execution of the ILA by the appropriate elected officials. RESOLUTION NO. 2023-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY FOR FILM PERMITTING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in order to make the City of Dania Beach and Broward County a more desirable destination for film, television, and other entertainment productions (“Productions”), the City and County believe it is beneficial to establish uniform processes for the application, issuance, and management of permits for Productions; and WHEREAS, Sections 20-261, et seq., Broward County Code of Ordinances (“Film Permit Ordinance”), authorizes the County to enter into interlocal agreements with municipalities (each a “Participating Municipality”) whereby the Broward County Film Commission (“Film Commission”) will act as a “one-stop shop” for Productions to apply for and obtain film permits; and WHEREAS, the City desires to engage with the County to perform film permitting services on its behalf in accordance with the terms of this Agreement; 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 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 Interlocal Agreement (ILA) between Broward County and the City of Dania Beach relating to Film Permitting, 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, is approved. 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. 2 RESOLUTION #2023-______ PASSED AND ADOPTED on , 2023. Motion by ______________________, second by ________________________. FINAL VOTE ON ADOPTION: Commissioner Joyce L. 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 Film Permitting ILA Page 1 of 10 INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR FILM PERMITTING This Interlocal Agreement Between Broward County and City of Dania Beach for Film Permitting (“Agreement”) is made and entered by and between Broward County, a political subdivision of the State of Florida (“County”), and City of Dania Beach, a municipal corporation (“Municipality”) (each a “Party” and collectively referred to as the “Parties”). RECITALS A. To make Broward County a more desirable destination for film, television, and other entertainment productions (“Productions”), County and Municipality believe it is beneficial to establish uniform processes for the application, issuance, and management of permits for Productions. B. Sections 20-261, et seq., Broward County Code of Ordinances (“Film Permit Ordinance”), authorizes County to enter into interlocal agreements with municipalities (each a “Participating Municipality”) whereby the Broward County Film Commission (“Film Commission”) will act as a “one-stop shop” for Productions to apply for and obtain film permits. C. Municipality desires to engage County to perform film permitting services on its behalf in accordance with the terms of this Agreement. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1. DEFINITIONS All defined terms in Sections 20-261 through 20-265 of the Film Permit Ordinance shall have the same meanings when used in this Agreement. 1.1.Applicable Law means all applicable laws, codes, advisory circulars, rules, regulations, or ordinances of any federal, state, county, municipal, or other governmental entity, as may be amended. 1.2.Board means the Board of County Commissioners of Broward County, Florida. 1.3.Code means the Broward County Code of Ordinances. 1.4.Contract Administrator means the Film Commissioner, or such other person as designated by the Film Commissioner in writing. 1.5.County Administrator means the administrative head of County appointed by the Board. 1.6.Municipal Film Permit means a film permit issued by County on behalf of Municipality for a Production to engage in filming activities on Specified Property located within Municipality. Film Permitting ILA Page 2 of 10 1.7.Specified Property means property that is owned or controlled by Broward County or by a Participating Municipality, including but not limited to a building, structure, facility, roadway, right of way, or other real property; and any other property for which Broward County or a Participating Municipality requires a permit for a Production. ARTICLE 2. SCOPE OF SERVICES 2.1. Purpose. During the Term (as defined herein), County, through its Film Commission, on behalf of Municipality, shall receive applications for and issue Municipal Film Permits in accordance with the Film Permit Ordinance and this Agreement. 2.2. Guidelines. In addition to the requirements stated in the Film Permit Ordinance, Municipality’s specific Municipal Film Permit Guidelines (“Guidelines”), which are attached to this Agreement as Exhibit A, shall govern the issuance of Municipal Film Permits. Municipality may amend these Guidelines at any time during the Term with at least thirty (30) business days’ advance written notice to the Contract Administrator. Any Municipal Film Permit application received by County prior to the effective date of Municipality’s notice to County of a change to the Guidelines shall continue to be processed under the Guidelines in effect . If County believes Municipality’s requested change to the Guidelines may subject County to potential claims or liabilities (e.g., potential constitutional or civil rights liability), County shall have the right to reject the change, or applicable portion thereof, to the Guidelines after providing Municipality with written notice of same. Unless Municipality provides written notice to County objecting to County’s rejection within seven (7) business days after receipt of notice from County, County may proceed to process applications and issue Municipal Film Permits in accordance with the amended Guidelines, excluding any portion thereof rejected by County pursuant to this section. If Municipality timely objects to County’s rejection regarding a changed Guideline, and the Parties cannot resolve their disagreement within ten (10) business days after Municipality provides County notice of its objection, County may, at its option, immediately terminate this Agreement by giving written notice to Municipality of such termination. 2.3. Specified Property Photos. Municipality may provide County photographs of Specified Property areas or facilities that Municipality wishes to promote for the use of film production. If so provided, County agrees to make this material available to applicable Productions. 2.4. Municipal Approval/Rejection of Application. County, upon receipt of a properly completed Municipal Film Permit application, shall forward the permit application to Municipality for Municipality’s review and approval. Municipality, in its sole discretion, shall direct County to approve or reject the Municipal Film Permit application. County shall not issue a Municipal Film Permit unless and until Municipality provides written approval of the Municipal Film Permit application. Municipality’s indemnification obligations under Article 5 of this Agreement include any Claim (as defined in Article 5) relating to Municipality’s lack of approval of a Municipal Film Permit or Municipality’s direction to County to not issue a Municipal Film Permit. Film Permitting ILA Page 3 of 10 2.5. Municipal Fees/Charges; Collections. Municipality shall inform County of any Municipal Film Permit fees or charges assessed for a Production’s use of Specified Property, and County shall advise applicants of those fees and charges. Municipality will be solely responsible for the billing and collection of any Municipal Film Permit fees or charges assessed for a Production’s use of Specified Property, and County is not liable for any such charges if unpaid. County shall not issue a Municipal Film Permit for a Production until Municipality provides the Contract Administrator written notice that the Production has paid all required permit fees, administrative costs, and any Special Services fees. 2.6. Copy of Permit. Upon County’s issuance of a Municipal Film Permit, the Contract Administrator shall provide the Municipal Liaison (as defined in Section 6.1, below) with a copy of such permit, including all special terms and conditions associated therewith. 2.7. No Management or Oversight of Production. Upon issuance of a Municipal Film Permit, County shall have no management or oversight responsibility regarding the Production’s activities. If Municipality determines that the Production is not complying with, or has failed to comply with, any provision of the Guidelines, the Film Permit Ordinance, or the Municipal Film Permit, Municipality shall notify the Contract Administrator in writing regarding such matters and County, through the Contract Administrator, in their sole discretion, may elect to suspend or revoke the Production’s Municipal Film Permit in accordance with the Film Permit Ordinance. ARTICLE 3. TERM AND TIME OF PERFORMANCE 3.1. Term. The term of this Agreement shall begin on the date it is fully executed by the Parties (“Effective Date”) and shall continue for a period of one (1) year after the Effective Date (“Initial Term”). After the Initial Term, this Agreement shall automatically renew for additional one (1) year terms (each an “Extension Term”), unless earlier terminated in accordance with this Agreement. The Initial Term and Extension Term(s) are collectively referred to as the “Term.” 3.2. Termination. Either Party may terminate this Agreement for any reason by giving written notice to the other Party at least thirty (30) days prior to the effective date of termination. Notwithstanding any termination of this Agreement by either Party, all Municipal Film Permits issued by County for Specified Property prior to the effective date of such termination shall remain valid and be honored by Municipality. The Contract Administrator is authorized to terminate this Agreement on behalf of County. ARTICLE 4. GOVERNMENTAL IMMUNITY; MUNICIPALITY INDEMNIFICATION OF COUNTY; HOLD HARMLESS 4.1. Sovereign Immunity. Each Party is a state agency or political subdivision as defined in Section 768.28, Florida Statutes. Except to the extent sovereign immunity may be deemed waived by entering into this Agreement, nothing in this Agreement is intended to serve as a waiver of sovereign immunity by either Party nor shall anything included in this Agreement be construed as consent by either Party to be sued by third parties in any matter arising out of this Agreement or any other contract. Film Permitting ILA Page 4 of 10 4.2. Indemnification. To the greatest extent permitted under Florida law, Municipality shall indemnify, hold harmless, and defend County and all of County’s current, past, and future officers, agents, and employees (collectively, “Indemnified Party”) from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorneys’ fees, court costs, and expenses, including through the conclusion of any appellate proceedings, raised or asserted by any person or entity not a party to this Agreement, and caused or alleged to be caused, in whole or in part, by: (a) utilization of Municipality’s Guidelines in connection with the issuance or rejection of any Municipal Film Permit (including, without limitation, any alleged unconstitutionality or illegality of such Guidelines); (b) any breach of this Agreement by Municipality; (c) any negligent act or omission of Municipality, its officers, employees, or agents, arising from, relating to, or in connection with this Agreement; or (d) a Production’s use of Specified Property or a Production’s failure to comply with the terms and conditions of a Municipal Film Permit (collectively, a “Claim”). If any Claim is brought against an Indemnified Party, Municipality shall, upon written notice from County, defend each Indemnified Party with counsel satisfactory to County or, at County’s option, pay for an attorney selected by the County Attorney to defend the Indemnified Party. ARTICLE 5. INSURANCE County is a self-insured governmental entity subject to the limitations set forth in Section 768.28, Florida Statutes, and, upon request by Municipality, shall provide Municipality with written verification of liability protection in accordance with state law. If Municipality is a self-insured governmental entity, it shall, upon request by County, provide County with written verification of liability protection in accordance with state law. If Municipality is not self-insured, Municipality shall maintain throughout the Term any and all policies of insurance as may be requested by County, in amounts determined by County in its reasonable discretion, necessary to satisfy Municipality’s indemnification obligations stated in this Agreement. ARTICLE 6. MISCELLANEOUS 6.1. Contract Administrator Authority; Municipal Liaison. The Contract Administrator is authorized to coordinate and communicate with Municipality in connection with the performance of this Agreement, including the exercise of ministerial authority in connection with the day-to-day management of this Agreement. Municipality shall appoint a representative to act as liaison (“Municipal Liaison”) to the Film Commission. The Municipal Liaison will coordinate with the Contract Administrator regarding Municipal Film Permit applications received by County for use of Specified Property located in Municipality by Productions, and shall manage the use of such Specified Property by the Production after the Municipal Film Permit is issued by County. 6.2. Public Records. Each of the Parties is a public entity required to comply with Florida’s Public Records Act, and each shall fulfill all required obligations under Chapter 119, Florida Statutes. If a public records request is directed to a Party, that Party shall be responsible for responding to such public records request. If a Party receiving a public records request seeks records from the other Party to respond to the public records request, the other Party will Film Permitting ILA Page 5 of 10 provide any responsive public records so as to enable the Party that received the public records request to respond as required. IF EITHER PARTY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE FOLLOWING: FOR MUNICIPALITY INQUIRIES TO COUNTY: (954) 357-6400, OESBDADMIN@BROWARD.ORG, 115 S ANREWS AVENUE, ROOM A680, FORT LAUDERDALE, FLORIDA 33301. FOR COUNTY INQUIRIES TO MUNICIPALITY: CHRISTINE LOTTIER, EXECUTIVE ASSISTANT TO THE CITY MANAGER, (954) 924-6800 EXT. 3606, CLOTTIER@DANIABEACHFL.GOV, 100 WEST DANIA BEACH BLVD, DANIA BEACH, FLORIDA 33004. 6.3. Regulatory Capacity. Notwithstanding the fact that each Party to this Agreement is a political subdivision with certain regulatory authority, each Party’s performance under this Agreement is as a party to this Agreement and not its regulatory capacity. If County or Municipality exercises their regulatory authority, the exercise of such authority and the enforcement of Applicable Law shall have occurred pursuant to that Party’s regulatory authority as a governmental body separate and apart from this Agreement and shall not be attributable in any manner as a party to this Agreement. 6.4. Third-Party Beneficiaries. Neither Municipality nor County intends to directly or substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 6.5. Notices. In order for a notice to a Party to be effective under this Agreement, notice must be sent via U.S. first-class mail, hand delivery, or commercial overnight delivery, each with a contemporaneous copy via email, to the addresses listed below and shall be effective upon mailing or hand delivery (provided the contemporaneous email is also sent). Addresses may be changed by the applicable Party giving notice of such change in accordance with this section. FOR COUNTY: Broward County Office of Economic & Small Business Development Attn: Film Commission / Film Lauderdale 115 South Andrews Avenue, Room A680 Fort Lauderdale, Florida 33301 Email address: film@filmlauderdale.org FOR MUNICIPALITY: Christine Lottier, Assistant to the City Manager 100 West Dania Beach BLvd. Dania Beach, FL 33004 Email address: clottier@daniabeachfl.gov Film Permitting ILA Page 6 of 10 6.6. Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term. County’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiver. 6.7. Force Majeure. If the performance of this Agreement, or any obligation hereunder is prevented by reason of hurricane, tropical storm, public health emergency, epidemic/pandemic, earthquake, or other casualty caused by nature; or by labor strike or war; or by any law, order, proclamation, regulation, or an ordinance of any governmental agency, including by either of the Parties (collectively, “Force Majeure Event”), the Party so affected, upon giving prompt written notice to the other Party, shall be excused from such performance to the extent caused by the Force Majeure Event, provided that the Party so affected shall first have taken reasonable steps to avoid and remove such cause of nonperformance and shall continue to take reasonable steps to avoid and remove such cause, and shall promptly notify the other Party in writing and resume performance hereunder whenever such causes are removed; and further provided that if such nonperformance exceeds fifteen (15) business days, the Party that is not prevented from performance by the Force Majeure Event shall have the right to immediately terminate this Agreement upon written notice to the Party so affected. This section shall not supersede or prevent the exercise of any right a Party may otherwise have to terminate this Agreement. 6.8. Compliance with Laws; Equal Opportunity. Each Party must comply with all Applicable Law, including, without limitation, the Americans with Disabilities Act, 42 U.S.C. § 12101, and Section 504 of the Rehabilitation Act of 1973. 6.9. Severability; Survivability. If any part of this Agreement is found to be unenforceable by any court of competent jurisdiction, that part shall be deemed severed from this Agreement and the balance of this Agreement shall remain in full force and effect. The following sections of this Agreement shall survive the expiration or earlier termination of this Agreement: Section 2.4, Section 4.2, Section 6.2, and Section 6.13. 6.10. Joint Preparation. This Agreement has been jointly prepared by the Parties and shall not be construed more strictly against either Party. 6.11. Interpretation. The titles and headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include any other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as “herein” refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a section or article of this Agreement, such reference is to the section or article as a whole, including all subsections thereof, unless the reference is made to a particular subsection or Film Permitting ILA Page 7 of 10 subparagraph of such section or article. Any reference to “days” means calendar days, unless otherwise expressly stated. Any reference to approval by County shall require approval in writing, unless otherwise expressly stated. 6.12. Priority of Provisions. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any document or exhibit attached to, referenced by, or incorporated in this Agreement and any provision within an article or section of this Agreement, the article or section shall prevail and be given effect. 6.13. Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The exclusive venue for any lawsuit arising from, related to, or in connection with this Agreement shall be in the state courts of the Seventeenth Judicial Circuit in and for Broward County, Florida. If any claim arising from, related to, or in connection with this Agreement must be litigated in federal court, the exclusive venue for any such lawsuit shall be in the United States District Court or United States Bankruptcy Court for the Southern District of Florida. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. 6.14. Amendments. Unless expressly authorized herein, no modification, amendment, or alteration of any portion of this Agreement is effective unless contained in a written document executed with the same or similar formality as this Agreement and by duly authorized representatives of County and Municipality. 6.15. Prior Agreements. This Agreement represents the final and complete understanding of the Parties regarding the subject matter of this Agreement and supersedes all prior and contemporaneous negotiations and discussions regarding same. All commitments, agreements, and understandings of the Parties concerning the subject matter of this Agreement are contained herein. 6.16. Incorporation by Reference. Any and all Recital clauses stated above are true and correct and are incorporated in this Agreement by reference. The attached exhibit(s) are incorporated into and made a part of this Agreement. 6.17. Counterparts and Multiple Originals. This Agreement may be executed in multiple originals, and may be executed in counterparts, whether signed electronically or physically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. The remainder of this page is intentionally blank. Film Permitting ILA Page 8 of 10 IN WITNESS WHEREOF, the Parties hereto have ma de and executed this Agreement: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Film Commissioner authorized to execute same by Board action on the _____ day of _________________, 20__, and Municipality, signing by and through its _____________ duly authorized to execute same. COUNTY BROWARD COUNTY, by and through its Film Commissioner By: ____________________________ Film Commissioner ____ day of ______________, 20__ Approved as to form by Andrew J. Meyers Broward County Attorney 115 South Andrews Avenue, Suite 423 Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 By____________________________ Sara F. Cohen (Date) Assistant County Attorney By____________________________ Nathaniel A. Klitsberg (Date) Senior Assistant County Attorney Film Permitting ILA Page 9 of 10 INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND DANIA BEACH FOR FILM PERMITTING FLORIDA MUNICIPALITY CITY OF DANIA BEACH ATTEST: By: Mayor Archibald J. Ryan IV _______________________________ Elora Riera, City Clerk Date I HEREBY CERTIFY that I have approved this Agreement as to form and legal sufficiency subject to execution by the parties: Eve A. Boutsis, City Attorney City of Dania Beach Film Permitting ILA Page 10 of 10 Exhibit A City of Dania Beach Film Permitting Requirements The City of Dania Beach requires all film permit requests to be processed through the Broward County Film Commission Office. The complete film permit and Certificate of Insurance should be submitted a minimum of five working days before the scheduled shoot date. The following are the basic requirements needed to secure a film permit in the City of Dania Beach, additional requirements may be needed based on the complexity of the proposed request. Broward County Film Commission Office will submit all film permitting application requests and Certificate of Insurance to Film Liaison, Christine Lottier, Executive Assistant to the City Manager, clottier@daniabeachfl.gov, 954-924-6800 x 3606. The film application will be routed to the following City of Dania Beach departments/divisions for review and comments. Each department/division will determine the necessary requirements. 1. Code Compliance/Beach Ranger Division 2. Parks and Recreation Department 3. Broward Sheriff’s Office Law Enforcement Department 4. Broward Sheriff's Office Fire Rescue Department 5. Building Official/Building Division •Requests for filming at the Dania Beach Pier. If approved the production company is to pay the standard entrance fee for each cast/crew member that enters the Pier. The production company does not have exclusive use of the Pier. Intermittent patron stoppage only. • Parking fees will be charged for filming at the Dania Beach Municipal beach parking lot. The production company will pay for each parking space occupied by using the PayByPhone application. For large-scale productions the Beach Ranger Division will work with the production company to determine the number of parking spaces needed. The production company will pay the required parking fees in advance to the City of Dania Beach prior to the shoot date. • If off-duty detail is requested, the production company will work directly with Broward Sheriff’s Administration Office to secure and pay for the detail. • Production company will work directly with Broward Sheriff’s Fire Rescue Division for all required inspections/fees. •The City of Dania Beach does not allow filming at the beach on Saturday or Sunday, Monday – Friday only. • The City Film Liaison will return the approved film permit to the Broward County Film Commission with the requirements needed to proceed. City of Dania Beach Public Services Memorandum DATE: 11/14/2023 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Fernando J. Rodriguez, Public Services Director Dincer Akin Ozaydin, Deputy Public Services Director/City Engineer SUBJECT: AUTHORIZATION TO EXECUTE THE FIRST OF TWO 2-YEAR RENEWAL OPTIONS OF THE EXISTING AGREEMENT FOR CUSTODIAL SERVICES BY CLEAN SPACE, INC. Request: The Public Services Department (PSD) requests the adoption of a resolution authorizing the appropriate City officials to execute a renewal of the November 2021 agreement with Clean Space, Inc. for the provision of citywide janitorial services. Background: The City requires high quality and reliable janitorial services for several of its most heavily populated and active buildings, including City Hall, the adjacent parking garage and the Public Services Department complex. In the fall of 2021, a competitive bid process was pursued via Invitation to Bid (ITB) No. 21-027 “Janitorial Services”, and awarded to CleanSpace, Inc. for a two-year term with two optional two-year renewal options. Based on the good quality and reliability of their service, the City has opted to exercise the first renewal option for the agreement. The rates under the renewal include a 3.7 percent increase based on the Consumer Price Index (CPI) for 2023. With the inclusion of CPI Rates from Clean Space, Inc., there will be a total cost of $88,557.72 for Fiscal Year 2024, and a total cost of $91,834.20 for Fiscal Year 2025. Additionally, it has been determined that due to the heavy traffic across city facilities, the once per year floor deep cleaning/treatment is insufficient to properly maintain the floor. Increasing this service to twice per year adds a cost of $4,200 annually for both years. That additionally, Clean Space will provide clean-up services for the “Dania After Dark” events at a rate of $25.00 per hour plus the cost of supplies, if required to be supplied. Budgetary Impact The total annual cost of Clean Space Proposal for a renewal to clean and maintain city facilities for Fiscal Year 2024 are a total of $88,557.72 and $91,834.20 for Fiscal Year 2024, with an additional cost of $4,200 for each year (deep cleaning/sealing a second time annually). Recommendation It is recommended that the City Commission adopt a resolution authorizing the proper City officials to execute a renewal to the custodial services contract ITB No. 21-027 with Clean Space, Inc. for janitorial services. RESOLUTION NO. 2023-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE RENEWAL AND AMENDMENT OF THE JANITORIAL SERVICES AGREEMENT AWARDED VIA INVITATION TO BID (“ITB”) NO. 21-027, ENTITLED “JANITORIAL SERVICES” WITH CLEAN SPACE, INC. IN THE AMOUNT OF EIGHTY- EIGHT THOUSAND FIVE HUNDRED FIFTY SEVEN DOLLARS AND SEVENTY TWO CENTS ($88,557.72)FOR FISCAL YEAR 2024 AND NINETY-ONE THOUSAND EIGHT HUNDRED THIRTY FOUR HUNDRED DOLLARS AND TWENTY CENTS ($91,834.20) FOR FISCAL YEAR 2025, PROVIDING AN ADDITIONAL FOUR THOUSAND TWO HUNDRED DOLLARS ($4,200) IN THE FEE DUE TO THE INCREASE IN COSTS FOR DEEP CLEANING/SEALING FLOOR MAINTENANCE SERVICES; AND TO PROVIDE FOR ADDITIONAL SERVICES FOR EACH YEAR OF THE TWO YEAR RENEWAL; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT RENEWAL; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach has several high-use, multi-work shift facilities that require janitorial services on a daily basis; and WHEREAS, the current janitorial agreement for City Hall, the adjacent Parking Garage, the Public Services Department (PSD) office building and Water Treatment Plant was executed on November 23, 2021, in the amount of $85,397.88, which included two (2), two-year renewal options; and WHEREAS, the City is satisfied with the quality and reliability of Clean Space, Inc.’s janitorial services; and WHEREAS, PSD recommends exercising the first of two options to renew the agreement for a two-year term and amend the price increase for services due to the rise in the costs; and WHEREAS, on October 23, 2023, Clean Space, Inc. requested a 3.7 percent increase based on the Consumer Price Index (CPI) for 2023, due to the high inflationary costs in the economy; and WHEREAS, with this CPI increase, Fiscal Year 2024 will cost a total of $88,557.72, and Fiscal Year 2025 will cost a total of $91,834.20, with an additional $4,200 to be added for each year for an additional annual deep cleaning/sealing maintenance service; and RESOLUTION #2023-______2 WHEREAS, additionally, the City requested hourly rates of the Contractor in case the City needs back-up for cleaning up after Dania After Dark, and which rates, Contractor has provided to the City ($25.00, per hour labor costs, plus the cost of supplies). 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 City Commission authorizes the proper City officials to execute the first of two renewal options and authorize an amendment of the agreement with Clean Space, Inc., which amendment is attached as Exhibit “A” and incorporated into this Resolution by this reference, in an amount of Eighty Eight Thousand Five Hundred Fifty Seventy Dollars and Seventy Two Cents ($88,557.72) for Fiscal Year 2024, and Ninety One Thousand Eight Hundred Thirty Four Dollars and Twenty Cents ($91,834.20) for Fiscal Year 2025, with and additional Forty Two Hundred Dollars ($4,200) to be included for both years of the extension agreement, to provide one additional deep cleaning/sealing floor maintenance service. The Amendment also includes hourly labor rates in case the City requires assistance cleaning up after Dania After Dark. 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. PASSED AND ADOPTED on __________________, 2023. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Commissioner Joyce L. Davis ______ Commissioner Tamara James ______ Commissioner Marco Salvino ______ Vice Mayor Lori Lewellen ______ Mayor Archibald J. Ryan IV ______ RESOLUTION #2023-______3 ATTEST: ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 1 FIRST AMENDMENT AND RENEWAL TO THE AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND CLEAN SPACE INC., FOR SERVICES RELATED TO JANITORIAL SERVICES AS DESCRIBED WITHIN THE CITY OF DANIA BEACH INVITATION TO BID (“ITB”) NO. 21-027. This is the First Amendment and Renewal (the “Amendment”) to an Agreement (the “Agreement”) dated ______________existing between the City of Dania Beach, Florida, a Florida municipal corporation (the “City”) and Clean Space, Inc. (“Contractor”), a Florida corporation with its principal mailing address of 3764 Northwest 124 Avenue, Coral Springs, Florida 33065. WHEREAS, Clean Space Inc. was the successful bidder to ITB No. 21-027 for Janitorial Services; and WHEREAS, the parties executed an Agreement for Janitorial Services on November 23, 2021; and WHEREAS, the current agreement amount is $85,397.88; and WHEREAS, on October 23, 2023, Contractor reached out to Public Services to request an increase for janitorial services for Fiscal Year 2024 and Fiscal Year 25; and WHEREAS, based on the Consumer Price Index (“CPI”) for 2023, the Contractor requested a 3.7% increase per year in order to extend the contract term from year 1 to year 2; and WHEREAS, with this CPI increase, Fiscal Year 2024 will cost a total of $88,557.72, and Fiscal Year 2025 will cost a total of $91,834.20, with an additional $4,200.00 to be added for each year for an additional annual deep cleaning/sealing maintenance service; 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. The above Whereas clauses are incorporated by reference into this Amendment. 2. That this Amendment shall take effect November 24, 2023. 3. That this Agreement shall be for a two (2) year period, expiring on November 23, 2025, with one remaining two year option to renew thereafter. An additional $4,200.00 shall be paid to the Contract, for each year of the Amendment, in order for Contractor to provide an additional annual deep cleaning/sealing maintenance service to City Hall. 4. Further, Contractor has provided hourly labor rates of $25.00/per hour, plus the cost of supplies, if required to be supplied. The City may request that Contractor clean-up after “Dania After Dark” events. 2 5. That in all other respects, the underlying Agreement is ratified and reaffirmed and remains in full force and effect. IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. ATTEST:CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS EVE A. BOUTSIS ANA M. GARCIA, ICMA-CM CITY ATTORNEY CITY MANAGER 3 WITNESSES: CONTRACTOR: Clean Space, Inc., a Florida corporation Signature Signature Matt Giunco PRINT Name PRINT Name OPERATIONS MANAGER Title Signature Dated: ___________________, 2023 PRINT Name STATE OF FLORIDA) COUNTY OF BROWARD) The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on , 2023 by Matt Giunco, as Operations Manager of Clean Space, Inc. a Florida corporation. He/she is personally known to me or has produced as identification. My Commission Expires: Notary Public, State of Florida Print Name : City of Dania Beach Finance Memorandum DATE: 11/14/2023 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Frank L. DiPaolo, Chief Financial Officer SUBJECT: Approval of a Resolution authorizing the lease of two (2) modular office buildings from Mobile Modular, without competitive bidding, and without advertisement for bids, by utilizing the pricing under the School District of Suwannee County, Florida Request for Proposal (RFP) #20-209 Request: Approval of a Resolution authorizing the lease of two (2) modular office buildings from Mobile Modular, without competitive bidding, and without advertisement for bids, by utilizing the pricing under the School District of Suwannee County, Florida Request for Proposal (RFP) #20- 209. Background: The City Commission has previously authorized a project to renovate the Building Department, which will displace staff during construction. Additionally, Finance and Information Technology are in need of office space to accommodate the growing number of personnel. The City has obtained a proposal from Mobile Modular, which has an agreement with the School District of Suwannee County, Florida, for the lease of modular office building units and accessory items, awarded under RFP #20-209. The City Administration recommends that the City Commission waive formal bidding and approve an agreement with Mobile Modular, utilizing pricing under the Suwannee County Schools RFP #20-209, for the lease of two (2) modular office buildings to house staff from Community Development, Finance, and IT. Budgetary Impact The up-front cost to furnish and install the two (2) modular office buildings is $41,114.00 and the total Fiscal Year 2023-24 lease cost for nine months (January – September) is $66,483.00. Additionally, the City may procure additional services from Mobile Modular as needed, pursuant to the pricing in Suwannee County Schools RFP 20-209. Funding for the initial and lease costs for Fiscal Year 2023-24 will be funded via Fiscal Year 2022-23 surplus carryover and appropriated to the following lease expenditures accounts: Finance/Procurement 001-17-01-513-44-20 $ 20,325 Information Technology 507-17-04-517-44-20 $ 20,325 Community Development 001-15-01-515-44-20 $ 20,084 Building Division 107-15-02-524-44-20 $ 46,863 Total FY 2023-24 $ 107,597 Recommendation Approve the Resolution authorizing the lease of two (2) modular office buildings from Mobile Modular, without competitive bidding, and without advertisement for bids, by utilizing the pricing under the School District of Suwannee County, Florida Request for Proposal (RFP) #20- 209. RESOLUTION NO. 2023-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE LEASE OF TWO (2) MODULAR OFFICE BUILDINGS FROM MOBILE MODULAR, WITHOUT COMPETITIVE BIDDING, AND WITHOUT ADVERTISEMENT FOR BIDS, BY UTILIZING THE PRICING UNDER THE SCHOOL DISTRICT OF SUWANNEE COUNTY, FLORIDA REQUEST FOR PROPOSALS (RFP) #20-209; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection (j), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of the established monetary threshold without competitive bidding and without advertisement for bids if he/she is authorized to do so in advance by a resolution adopted by the City Commission and if such purchases are made pursuant to a competitive bid obtained within the last eighteen (18) months by other government agencies such as the federal government, state of Florida or a Florida municipality or county; and 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 Commission authorized a project to renovate the Building Department, which will displace staff during the construction project; and WHEREAS, Finance and Information Technology need office space to accommodate the growing number of personnel; and WHEREAS, the City has obtained a proposal from Mobile Modular, which has an agreement with the School District of Suwannee County, Florida, for the lease of modular office building units and accessory items, awarded under RFP #20-209; and WHEREAS, the City Administration recommends that the City Commission waive formal bidding and approve an agreement with Mobile Modular, utilizing pricing under the Suwannee County Schools RFP #20-209, for the lease of two (2) modular office buildings to house staff from Community Development, Finance, and IT. 2 RESOLUTION #2023-______ 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 City Commission authorizes the lease of two (2) modular office buildings from Mobile Modular utilizing pricing under the Suwannee County Schools RFP #20- 209, which RFP document has been attached as “Exhibit A” and incorporated into this Resolution by this reference. Section 3.That the proper City officials are authorized to execute a lease Agreement, and the City Manager and City Attorney are authorized to make minor changes to the Agreement. Section 4.That the up-front cost to furnish and install the two (2) modular office buildings is $41,114.00, the total Fiscal Year 2023-24 lease cost for nine months (January – September) is $66,483.00, and the City is authorized to procure additional services from Mobile Modular as needed, pursuant to the pricing in Suwannee County Schools RFP 20-209. Section 5.That funding for the initial and lease costs for Fiscal Year 2023-24 will be funded via Fiscal Year 2022-23 surplus carryover and appropriated to the following lease expenditures accounts: Finance/Procurement 001-17-01-513-44-20 $ 20,325 Information Technology 507-17-04-517-44-20 $ 20,325 Community Development 001-15-01-515-44-20 $ 20,084 Building Division 107-15-02-524-44-20 $ 46,863 Total FY 2023-24 $ 107,597 Section 6.That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 7.That this Resolution shall be effective 10 days after passage. 3 RESOLUTION #2023-______ PASSED AND ADOPTED on __________________, 2023. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Commissioner Joyce L. 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: 11/14/2023 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Fernando J. Rodriguez, Public Services Director Dincer Akin Ozaydin, Deputy Public Services Director SUBJECT: AUTHORIZATION TO AWARD BID ITB NO.23-019- "NORTHWEST 1ST STREET DRAINAGE IMPROVEMENTS" PROJECT Request: The Public Services Department (PSD) requests the adoption of the attached resolution authorizing the award of the Invitation to Bid (ITB) No. 23-019 “Northwest 1st Street Drainage Improvements” Project to Kailas Contractors. Background: The existing drainage infrastructure along Northwest 1st Street has suffered damage to the underground stormwater retention pipes, resulting in the sinking of the road and creating a significant safety hazard for the community. To address this issue, the City initiated Invitation to Bid No. 2023-019,"Northwest 1st Street Drainage Improvements." The primary goal of this project is to repair and enhance the drainage system along Northwest 1st Street, ensuring the safety and functionality of this vital road. Invitation to Bid No. 2023-019, titled "Northwest 1st Street Drainage Improvements," was advertised in the Sun Sentinel on August 25, 2023, and posted on the City's official website and Demand-Star. The bid opening occurred publicly on September 25, 2023, with (5) responses being received: • Precise Stripes LLC - $449,900.00 • The Stout Group LLC - $784,875.00 • Kailas Contractors - $449,400.00 • Emerald Construction Corp. - $407,551.45 • American Forza Construction LLC - $600,765.00 Budgetary Impact The proposed contract for the Northwest 1st Street Drainage Improvements project will be financed from the designated account, Account No. 403-38-01-538-63-10, which is specifically allocated for Stormwater Infrastructure Improvement other than Buildings. Recommendation The PSD recommends that the City Commission adopt a resolution to award ITB No. 23-019 “Northwest 1st Street Drainage Improvements” project to Kailas Contractors for an amount not to exceed $449,400.00. RESOLUTION NO. 2023-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE AWARD OF INVITATION TO BID (ITB) NO. 2023-019- “NORTHWEST 1ST STREET DRAINAGE IMPROVEMENTS” TO KAILAS CORP. IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED AND FORTY-NINE THOUSAND AND FOUR HUNDRED DOLLARS $449,400.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City faces an urgent infrastructure challenge due to the collapse of the drainage system along Northwest 1st Street, resulting in road subsidence and associated safety concerns; and WHEREAS, to address these needs, the City issued Invitation to Bid ITB No. 2023-019 “Northwest 1st Street Drainage Repair Improvements”, advertised in the Sun-Sentinel on August 25th, 2023, as well as the City's website and Demand-Star, with bids publicly opened on September 25th, 2023, with five bids being received: •Emerald Construction Corp. - $407,551.45 •Kailas Corp. - $449,400.00 •Precise Stripes LLC - $449,900.00 •American Forza Construction LLC - $600,765.00 •The Stout Group LLC - $784,875.00 WHEREAS, the bid opening for this project occurred publicly on September 25, 2023; and; WHEREAS, the Bid Committee, Public Works and Utilities Operations Manager Darren Greene, Public Services Superintendent Corry Taylor, and Project Manager John Quintero, reviewed the bid response, and found the lowest bidder to lack the required experience, and chose Kailas Corp. as the most qualified and responsive bidder; and WHEREAS, the financing for this proposed contract is intended to be sourced from the Stormwater Mgmt. Infrastructure Improvement other than Buildings Account No. 403-38-01-539- 63-10 with payments based on services rendered. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: 2 RESOLUTION #2023-______ Section 1.That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2.That the City Commission hereby authorizes the proper city officials to finalize and execute a contract with Kailas Corp. for the Northwest 1st Street Drainage Improvements Project in an amount not to exceed Four Hundred and Forty-Nine Thousand and Four Hundred Dollars ($449,400.00). 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. PASSED AND ADOPTED on __________________, 2023. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Commissioner Joyce L. Davis ______ Commissioner Tamara James ______ Commissioner Marco Salvino ______ Vice Mayor Lori Lewellen ______ Mayor Archibald J. Ryan IV ______ PASSED AND ADOPTED on November 14, 2023. ATTEST: ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY ____________________________________________________________________________________________________________ www.kailascontractors.com Ph: (305)722-0099 Mailing Address: P.O. Box 552098. Davie, FL 33355 “Kailas Corp. is an Equal Employment Opportunity Company” 9/25/2023 City of Dania Beach Procurement / Purchasing Division 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 REF: ITB-23-019-0-2023 NW 1ST STREET DRAINAGE IMPROVEMENTS KAILAS CORP. is a Minority-Owned General and Underground contracting firm with 19 years of experience in South Florida, specialized in servicing the commercial, industrial, municipal, educational, and governmental sectors. And we are pleased to submit the following information: 1. Exhibit A - Bidder Qualifications 2. Exhibit B - Bid Form 3. Exhibit E - Bidder’s Questionnaire with Company Profile 4. Licenses - CGC & CUC 5. Broward County CBE Certification 6. Broward County DBE Certification 7. Exhibit F - Sworn Statement on Public Entity Crimes 8. Exhibit G - Non-Collusion Affidavit 9. Exhibit H - Independence Affidavit 10. Exhibit I - References 11. Exhibit J/K - Bid Security 12. Exhibit L - Acknowledgement of Addenda 13. Exhibit M – Certification to Accuracy of Bid 14. Exhibit N - Drug-Free Workplace Certification 15. Exhibit O - Acknowledgment of Conformance with Florida Trench Safety Act 16. Proof of Certificate of Insurance 17. Broward County Local Business Tax Receipt 18. Town of Davie Local Business Tax Receipt Respectfully, Jorge Paz, President Kailas Corp. 12565 Orange Drive #410 Davie, Florida 33330 (954) 605-6940, (305) 722-0099 jpaz@kailascontractors.com 29 EXHIBIT “A” BIDDER QUALIFICATIONS ITB NO. 23-019 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. Kailas Corp. 12565 Orange Drive, Suite 410 Davie, Florida, 33330 305-722-0099 5/17/2004 Florida NA Jorge Paz, President 5/17/2004 19 19 30 10. SIMILAR PROJECTS WITHIN THE LAST FIVE (5) YEARS 11. Have you ever failed to complete any work awarded to you? Yes No If yes, attach a separate sheet of explanation. 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 100% Town of Southwest Ranches 954-343-7444 $317,996.62 100%02/2023 47th Year CDBG PW DrainageImprovements NW 10th Street from NW 2nd Avenueto Dixie Highway City of Hallandale Beach 954-457-1607 $265,690.00 SW 58th Street Roadway Improvements SW 58th from SW106th Avenue to dead-end Town of Davie 954-797-1198 $556,569.50 100%06/202307/2023 SW 54th Place from SW 162nd Avenueto Dykes Road Green Meadows Dykes Road DrainageImprovements MSC Cruise Terminal - Port of Miami Port of Miami, Terminal AA Fincantieri Infrastructure of Florida 305-927-1680 $1,046,774.96 100%09/2022 30 10. SIMILAR PROJECTS WITHIN THE LAST FIVE (5) YEARS 11. Have you ever failed to complete any work awarded to you? Yes No If yes, attach a separate sheet of explanation. 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 SW 37th Terrace StormwaterImprovements SW 37th Terrace, from Stirling Roadto cul-de-sac City of Dania Beach 954-924-6800 $1,230,432.00 100%12/2022 Broward County Aviation Department (BCAD) FLL A2/A3 & NE Reterntion Areas Grading FLL North Runway / Airfield 954-359-2255 $497,987.01 12/2022100% Foster Road - 12" Water MainImprovements & Roadway Reconstruction Foster Road from NW 10th Avenue toNW 14th Avenue City of Hallandale Beach 954-457-1397 $1,171,378.80 100%07/2021 Franjo Road Reconstruction Franjo Road from US-1 to SW 184th Street Village of Palmetto Bay 305-969-5086 $3,478,354.56 100%07/2021 31 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. 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. 32 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 opinion 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 23-019 “NORTHWEST 1ST STREET DRAINAGE IMPROVEMENTS” Bid Form is posted on City Webpage and DemandStar CITY OF DANIA BEACH, FLORIDA BID FORM: ITB 23-019 NORTHWEST 1ST STREET DRAINAGE IMPROVEMENTS PAY ITEM NO. DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST N/A GENERAL REQUIREMENTS (BONDS, INSURANCE,ETC.)LS 1 N/A MOBILIZATION LS 1 0104-18 INLET PROTECTION SYSTEM EA 7 102-1 MAINTENANCE OF TRAFFIC LS 1 N/A REMOVE EXISTING 36" DRAINAGE PIPE AND FULL DEPTH PAVEMENT REMOVAL (TRENCH WIDTH)LF 560 N/A REMOVE EXISTING 12" DRAINAGE PIPE AND FULL DEPTH PAVEMENT REMOVAL (TRENCH WIDTH)LF 40 1060-16 UTILITY STRUCTURE, BELOW GROUND, REMOVE & DIPSOSE (STORM MANHOLE)EA 3 327-70-1 MILLING EXIST ASPH PAVT, 1" AVG DEPTH SY 1550 337-7-81 ASPHALTIC CONCRETE FRICTION COURSE, TRAFFIC B, FC-12.5 (1 LIFT @ 1")-RESURFACE PORTION ONLY TN 130 160-4 TYPE B STABILIZATION (LBR 40)SY 420 285706 OPTIONAL BASE, BASE GROUP 6 (8" THICK-LBR-100)SY 440 334-1-52 SUPERPAVE ASPHALTIC CONCRETE, TRAFFIC B PG 76-22, SP-9.5 (1 LIFT @ 1.5")TN 40 337-7-81 ASPHALTIC CONCRETE FRICTION COURSE, TRAFFIC B, FC-12.5, PG 76-22 (1 LIFT @ 1.5")TN 55 0110-4-10 REMOVAL OF EXIST CONCRETE SY 15 0522-2 CONCRETE SIDEWALK AND DRIVEWAYS, 6" THICK SY 15 N/A 6' ROUND MANHOLES <10'EA 3 N/A DRAINAGE PLUG (VARYING SIZES)EA 10 N/A 12-INCH RCP DRAINAGE PIPE (CLASS III)LF 40 N/A 36-INCH RCP DRAINAGE PIPE (CLASS III)LF 560 PAY ITEM NO. DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST 711-11123 THERMOPLASTIC, STANDARD, WHITE, SOLID, 12" FOR CROSSWALK LF 200 711-11160 THERMOPLASTIC, STANDARD, WHITE, MESSAGE OR SYMBOL (BIKE STRIPING)EA 5 711-15101 THERMOPLASTIC, STANDARD-OPEN GRADED ASPHALT SURFACES, WHITE, SOLID, 6"GM 0.2 711-15201 THERMOPLASTIC, STANDARD-OPEN GRADED ASPHALT SURFACES, YELLOW, 6"GM 0.04 DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST OPTIONAL SERVICES EA 1 $50,000 $50,000 Total Bid Cost SUMMARY OF SIGNING & PAVEMENT MARKING QUANTITIES DRAINAGE IMPROVEMENTS GENERAL CONDITIONS $10,000.00 $10,000.00 $10,000.00$10,000.00 $10,000.00 $10,000.00 $20.00 $20.00 $2,000.00 $6,000.00 $10.00 $15,500.00 $800.00 $11,200.00 $300.00 $39,000.00 $50.00 $21,000.00 $50.00 $22,000.00 $300.00 $12,000.00 $300.00 $16,500.00$100.00 $1,500.00 $100.00 $1,500.00 $10,000.00 $30,000.00 $10,000.00$1,000.00$200.00 $8,000.00 $10.00 $2,000.00 $500.00 $2,500.00 $5,000.00 $1,000.00 $5,000.00 $200.00 $100.00 $700.00 $300.00 $168,000.00 $449,400.00 EXHIBIT “E” 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?______________ 19 Refer to attached list Refer to attached company profile Yes Never Never Loader, Mini Excavator, Skid Steer, Excavator, MOT truck, Trailer 15 2 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 4 hours Loader, Mini Excavator, Skid Steer, Excavator, MOT truck, Trailer 1 KAILAS CORP. / KAILAS CONTRACTORS COMPANY PROFILE 2 EXECUTIVE SUMMARY KAILAS CONTRACTORS is a General Contractor, specializing in Underground Utilities, Infrastructure, Earthworks, Civil Engineering & Construction Management. We have developed over the past 18 years into a prominent organization by continually striving to improve our performance executing high quality work, emphasizing job safety and our meticulous approach to project management. We consider client satisfaction to be one of the pillars for our company's success and repeat business is the best compliment offered by our client base. Our project portfolio includes Educational, Municipal, Industrial, Commercial, and Residential projects. KAILAS CONTRACTORS is currently a certified Minority Business Enterprise (MBE) by the State of Florida Office of Supplier Diversity, certified County Business Enterprise (CBE) and Disadvantage Business Enterprise (DBE) by Broward County and certified as a Small Business Enterprise (SBE) by the South Florida Water Management District. In addition, KAILAS CONTRACTORS is a certified Disadvantaged Business Enterprise (DBE) by the Florida Department of Transportation (FDOT). Working in the Construction industry can be a very rewarding endeavor, not only financially but from a personal and professional perspective as well. Few experiences can provide the deep sense of accomplishment and satisfaction that result from being involved in building or performing work at a structure that, when seen years later, will produce the thought: I helped build that. In addition, through the efficient and effective utilization of resources – people, materials, and equipment – coupled with a modest amount of capital, the construction industry provides opportunities for companies to perform work for sizable sums of money with the corresponding profits that can be derived. Therefore, we can honestly say that we are in the construction industry because we are passionate about it, enjoy what we do, and enjoy the rewards that comes with it. Our business plan presents a comprehensive overview of KAILAS CONTRACTORS and includes detailed information on our background and organizational structure, as well as, the services we offer and our past service history. In addition, the plan outlines our marketing and sales strategy and provides a detailed financial data and analysis and our future goals and objectives. 3 COMPANY SUMMARY KAILAS CONTRACTORS is a minority owned full-service General Contracting and Construction Management firm specializing in the commercial, industrial, municipal, educational, and governmental needs. KAILAS CONTRACTORS was established in May of 2004 and employs a staff of highly educated Professional and Staff Engineers, and technical personnel experienced in the construction industry. We offer valuable assistance for each phase of a project and ensure the successful completion of each job. Besides our work ethic, job safety and the safe execution of work are some of our fundamental values that KAILAS CONTRACTORS. We are very proud to be able to say that we have a perfect safety record with no incidents to date. Additionally, our company has never been involved in litigations, has never not completed a job and has never had a claim filed against. Since our founding in May 2004, we have compiled a diverse portfolio of projects that we have either led or participated in as a minority associate. We have significant experience handling Industrial, Commercial, Educational, and Residential projects. COMPANY SERVICES The company provides the following services: Site Work and Grading Preparation:  Land Clearing  Debris Removal  Grading and Excavation  Sub-base and Base Preparation Underground Utility Installation:  Water Distribution System  Sewer Collection System  Drainage Collection System Road Construction  Clearing and Grubbing  Earthwork  Concrete  Paving 4 SERVICE SUMMARY – NAICS Codes We are a full-service General Contracting and Construction Management support services firm, specializing in Site work, Earthwork, Utilities, Site Concrete, Asphalt and Paving. KAILAS CONTRACTORS currently offer the following services: NAICS Codes: 221310 Water Supply and Irrigation Systems 221320 Sewage Treatment Facilities 236115 New Single-Family Housing Construction 236116 New Multi-Family Housing Construction 236117 New Housing Operative Builders 236220 Commercial and Institutional Building Construction 237110 Water and Sewer Line and Related Structures Construction 237210 Land Subdivision 237310 Highway, Street, and Bridge Construction 237990 Other Heavy and Civil Engineering Construction 238110 Poured Concrete Foundation and Structure Contractors 238120 Structural Steel and Precast Concrete Contractors 238910 Site Preparation Contractors 238990 All Other Specialty Trade Contractors 5 COMPANY LICENSES AND CERTIFICATIONS  General Contractor from the State of Florida  Underground Utility and Excavation Contractor from the State of Florida  Grading Contractor – Miami Dade County  Utility Contractor – Miami Dade County  Paving Contractor – Miami Dade County  DBE – Florida Department of Transportation  CBE & DBE – Certification Broward County  SBE Certification  Quality Control QC Manager –Florida Department of Transportation  Asphalt Paving Level I and Level II –Florida Department of Transportation  Maintenance of Traffic MOT Supervisor – FDOT Advance Training  OSHA Certificate Hazardous Material  Erosion and Sedimentation Control Inspector DEP  Minority Certification City of Miami  OSHA Training and Certification  Certified Divers COMPANY SAFETY PLAN KAILAS CONTRACTORS are committed to the concept of Zero Injury Construction. This is our realistic goal, utilizing the premise that accidents can be prevented. We at KAILAS CONTRACTORS are dedicated to providing a safe work environment and maintaining an accident-free workplace and Zero Injury Construction. An important aspect of any safety program is to communicate the proper message to the employees. KAILAS CONTRACTORS accomplishes this through a series of meetings and training which involve everyone from the laborer to the president of the company and everyone is encouraged to provide feedback and ideas in regard to safety on the jobsite. A pre-construction meeting is performed for critical activities such as maintenance of traffic operations, utility installation, concrete pours, paving operations, etc. This guarantees that all parties are fully aware of how that component of the construction process will be coordinated. In these meetings safety issues are accounted for and addressed. Pre-task plans or hazard analysis are reviewed by the foremen and his crew prior to the start of the activity. Items such as proper safety procedures, access, tools, and materials are addressed with every member of the crew. The hazards associated with the activity are reviewed and preventive measures are established. The pre-task plans serve to document training, increase safety awareness, reduce accidents, and create employee interaction. 6 COMPANY OWNERSHIP KAILAS CONTRACTORS is a minority owned corporation. Its founder, Jorge Paz, is the president and sole owner of the company. COMPANY HISTORY Since its creation in 2004 as a Minority Business Kailas Contractors is an Engineering Construction Company specializing to serve clients that manage, maintain, and plan for infrastructure, residential, commercial, and institutional projects. We provide exceptional quality and service, without compromising cost and schedule. With our in-house Engineers, Field Operators and Equipment, all having the drive of gaining excellence in our trade, we aim to move forward in becoming the Contractors that Clients rely on. We have made ourselves more competitive by obtaining DBE/CBE/CSBE/SBE & 8a certifications. With that in mind, we have a high probability of obtaining projects because of our certifications and our in-house resources which allow us to complete the job at a more competitive rate as compared to our competition. For the past years we have associated ourselves with major players in the industry and working in partnership with them. Using this strategy, we have been able to open avenues to large sized construction projects. An example of this strategy is our pairing with Dragados USA, Inc for the I-595 Project valued at 1.1 billion USD. Another example is our pairing with Baker Concrete for the Marlin Stadium Project valued at 600 million USD. Our mission is to build safely, within budget, on schedule, high quality projects. Our services emphasize safety and client satisfaction as its highest priorities. We strongly believe that a partnership between our clients, inspectors, engineers, and our team is the ideal scenario to execute a project. Kailas has progressed steadily to become a recognized name in the Construction Industry and though relatively young in terms of years, it has compensated by having a team that brings a wealth of construction experience with them. Though Kailas as an organization has worked over 1 million Man-Hours, its team-members have a combined experience of well over 11 million Man-hours! Kailas is a team member that brings the concept of value engineering, and always offers savings to its client by being proactive and suggesting alternative methods, materials, and scheduling. In an industry that is haunted by cost- overruns, this particular trait is welcomed by Clients, which is why they never hesitate to have us on board. Kailas currently has a contract with Broward County Water and Wastewater Operations Divisions, PNC2122870B1 - Emergency Installation and Repair Services for Water and Sewer Systems, and as a subcontractor to General Asphalt we are part of the team working in the Annual Civil Repairs contract with Broward County Aviation Division. Additionally, as of April 2022 we had contract PNC2121609B1 - Sidewalk and Drainage Maintenance and Repair with Broward County Highway and Bridge Maintenance Division. 7 Organization Chart It is our belief that a company is as good as its employees. Kailas is an Equal Employment Opportunity Employer and has a diverse workforce. We have stringent criteria for Human Resource which is based on a combination of aptitude, talent, and attitude. We believe in hiring people with a proven track record of excellence and share a common philosophy that if a job is worth doing then it is worth doing it well. Our Engineers are encouraged to pursue academic achievements with the result that we have Engineers and staff with master’s degrees related to our industry. The following are the key personnel in Kailas:  Jorge Paz – President  Susana Bernal – Project Director  Luis Rosero - Construction Manager  Carlos Alvarez - Superintendent  Maria Victoria Paz - EEO Officer & Administrative Manager  Angela Martinez - HR Manager 8 Pictorial Gallery of Projects 1) Ravenswood Road Reconstruction As prime contractor for Broward County (Federal funds, DOT standards and supervision), we were responsible for the construction of a two-lane urban section with raised medians and traffic separators. The work involved: a) 0,95 miles of two-lane roadway (including subbase, base and asphalt paving). b) Drainage system with more than 4,450 feet of pipe and 35 structures. c) Five-foot bike lanes. d) Concrete sidewalk. e) Landscaping and irrigation. f) Guardrail, pavement marking and signage. The project was valued at $ 4,266,828.22 and was completed on schedule. 9 2) Hole in a donut Everglades National Park Clearing: As prime contractor for the National Park Service, we were responsible for the clearing of 233 acres of invasive vegetation at Everglades National Park. The work involved: a) Disposal mound preparation b) Haul route preparation c) Vegetation clearing d) Bulk material hauling e) Final scrape The project was valued at $ 1,954,369.76 and was completed on schedule. 10 3) Miramar Regional Park As prime contractor for the City of Miramar, we were responsible for the construction of a new parking lot including its access roads. The work involved: a) 15,270 SY of 12” stabilized subgrade, 8” base and 1.5” asphalt paving. b) 2,723 lf of pipe and 32 structures for drainage system. c) 52,793 SY of 12” stabilized subgrade and hydroseeding. d) 460 SY of sidewalk, 3,713 lf of type D curb and 1,530 lf of header curb. The project was valued at $ 1,411,047.81 and was completed on schedule. 11 4) Expanded Lloyds Estates Residential and Industrial Drainage Improvement Condotte Kailas JV was responsible for the construction of the Storm Water Master Pump Station and District Drainage Improvement, and Complete Neighborhood Improvement to increase drainage capacity. The work involved: a) Master Pump Station b) Site Preparation c) Earthworks d) Drainage e) Water Main f) Grading & Compaction g) Concrete Installation of Pathway & Curbs h) Preparation of Topsoil for Landscaping The project was valued at $ 8,232,420.00 and was completed on schedule 12 5) I-595 Greenway Construction: As subcontractors to Dragados USA, we were responsible for the construction of the Greenway West, from 136 th Avenue to University Drive. The work involved: i) Clearing & Grubbing j) Site Preparation k) Earthworks l) Grading & Compaction m) Concrete Installation of Pathway & Curbs n) Preparation of Topsoil for Landscaping o) Preparation for Sound Barrier Walls The project was valued at $ 1,541,921.24 and was completed on schedule. 13 6) Marlins Stadium: As subcontractor to Baker Concrete, we were responsible for the construction of the Marlins Stadium. The work involved: a) Preparation, Grading & Compaction of Slab on Grade b) Excavation & Backfilling c) Stadia on Grade d) Grading & Compaction of Ball Park The project is valued at $ 337,753.36 and was completed on schedule. 14 7) NE 35th Avenue Improvements: As Prime Contractor for Miami-Dade Water & Sewer Department, we were responsible for the Construction of a 24” Force-main. The Work involved: a) Installation of 24” Force-main C900 Pipe b) Installation of 12” Force-main c) Tie-ins with existing Force-main d) Excavatable Flowable Fill Installation e) Earth Works f) Milling & Resurfacing g) 6500 PSI Stamped Colored Concrete Crosswalks The project was valued at $ 519,980.14 and was completed on schedule. 15 8) SW 62nd Avenue Improvements: As Prime Contractor for Miami Dade Public Work Department, we were responsible for the Reconstruction of SW 62 nd Avenue from SW 64th Street to SW 70th Street. The Work involved: a) Complete Drainage Works including Installation of Drainage Structures & 1400+ Feet of 36” French Drain b) 9 Feet wide Concrete Sidewalks and curbs c) Earthwork d) Base Work e) Asphalt Work The project is valued at $ 1,298,647.50 and was completed on schedule. 16 9) Port of Miami Terminal B & C Improvements: As Prime Contractor for The Port of Miami, we were responsible for the Reconstruction of the Roadway between Terminal B&C + Taxiway. The Work involved: a) Excavation b) Lime Rock Base Adjustment c) Milling & Resurfacing using SP9.5 The project was valued at $ 189,607.25 and was completed ahead of schedule. Melanie S. Griffin, SecretaryRon DeSantis, Governor STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES PAZ, JORGE Do not alter this document in any form. KAILAS CORP LICENSE NUMBER: CGC1507261 EXPIRATION DATE: AUGUST 31, 2024 This is your license. It is unlawful for anyone other than the licensee to use this document. 12565 ORANGE DRIVE #410 DAVIE FL 33330 Always verify licenses online at MyFloridaLicense.com Melanie S. Griffin, SecretaryRon DeSantis, Governor STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD THE UNDERGROUND UTILITY & EXCAVATION CO HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489, FLORIDA STATUTES PAZ, JORGE Do not alter this document in any form. KAILAS CORP LICENSE NUMBER: CUC1223706 EXPIRATION DATE: AUGUST 31, 2024 This is your license. It is unlawful for anyone other than the licensee to use this document. 12565 ORANGE DRIVE #410 DAVIE FL 33330 Always verify licenses online at MyFloridaLicense.com SANDY-MICHAEL MCDONALD Digitally signed by SANDY- MICHAEL MCDONALD Date: 2023.04.05 15:47:39 -04'00' EXHIBIT “F” 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. 23-019. _________________________________________________________ 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: NW 1ST STREET DRAINAGE IMPROVEMENTS Jorge Paz 20-1135954 12565 Orange Drive, Suite 410, Davie, Florida 33330 Kailas Corp. President (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 {Pleasc norv indicate which additional statcment bclorv applies): There has been a proceeding concerning the conviction betbre a hearing ofticer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing ofticer did not place the person or atfiliate on the convicted vendor list. (Please attach a cspy of the final order) The person or affiliate was placed on the convicted list. There has been a subsequent proceeding before a hearing ofticer olthe State of Florida, Division of Administrative Hearings. The final order entercd by the hearing otTicer determined that it was in the public interest to remove the person or alfiliate flrom tlre convicted vendor list. (Please attach a copy of the final order) The person or afTiliate has not becn placed on thc convicted vendor list. (Pleasc describe any taken hy or pending rvith the Florida Department ol' General Services) ,?,!*l*oSIG |tiA't ti RE 1ol' pcrsort first appears above) namtj a STATE OF FLORIDA ) couN"l-Y on Broward , Sworn to and subscribed before me on as 202-b_, by of clIpgratlo!/partnenhip. on hhalf of the corporation/partnershi p ll.oj^diq 0 Signature of Notary Public <=\cr\.l.dio. b={nap PRINTED Name of Notary Mycommissionexpires: ll / \1 lZ*>ZZ #CIAUDh BERML Notary Publk State of Flotlda Comtnf HH2m39 Epires L1.1til2025 who (check one) [ ffi personally known to me or [ | has produced as identification. EXHIBIT "G" NON-COLLUSION A FrI DAVIT '["hc undersigned l]idder has not divulged to. discussed. or compared hislher/its Uid with any orher []idders and has not colluded rvith any other Bidder or parties to the Bid whatsoever. Name of City Project: NORTHWEST IST STREE'I'DRAINAGE TMPROVEMENTS City's lnvitation to Bid No.: 2J-019 Kailas C Nanre of Bidder Jo d SIGNATURE of r\gcnt ol'lJiddcr or Authorized of Bidder Nr Bidder or Title sd ul 2-p)2a ]? Date STATE OF FLORTDA ) ) ss: COIJNTY oP Broward [ls]r6^o, @ . Signature of Notary Public g\Cuic}^c\ n0 -,trrfoD PRINTEI) Name of Notary My commission expircs: \\ / tfl / z-r) z-b ) BEFORE ME, an officer duly authoriz-ed by law to administer oaths and take acknowledgments, personally appeared {nysicalpresence or D online nctarization, on - n/Zotz-\ as lk<idA$- or-kfcgbp-Lal1. un o.g*izaticn authorizad ro dn bupilesl , in the. State of Florida and acknowledged and executed the foregoing stateirent as the proper offrcial of =I lCf\O=- .LDe-- for the use and purposes ntentioned in it and afTixed the otlicial sealof the entity, and that the instnrment is the act and deed of ilrat Lntity- [eJshe is Dersonalh known to me or has produced _ .- .ts identilication- CTAUDIA BERNAT Notary Pubtk State of Florlda Comtn#HH200039 Ealres 1UL7|2O25 President EXHTBTT H- (C_0JWrNUEp) President Title 1/zo / z.cz.b Date STATEOF FLORIDA COUNTY OF BrOWArd BffOREME,anoffco&rlyafurizalbytrartoafuinist€roemdtakead<rnwhdgmcnbrpssmaffyryweOfdyrfuf pr*** or EI online notrizatim, business in the State on a fzr> f zu as 0z-adda.t- , or L"rollrr (fl P. . an of Florida and acknowledged and executed the foregoing statdment organization auftorized to do as the prcper official ofKaitas torp fm fte use ard prnposm mentionod in it md affixed ihe official seal of fte entity, md that the insument is the artnd dd ottr*'mtity-1pa*re is persmllv known to me orhrepodumd asi&tific*ion. ffi CI.AUBIA BER}{AL t{otary Publh State of Florlda Commf HH2ffi39 Explros Ll,lL7|2OZS tlq,**iG. rh Notary Pubtp c.-\curdjo t0,-toal PRINT Name of Notary Public My commission o<pires: t t / \rt TZPZS EXHIBIT “I” REFERENCES Bidder shall provide a minimum of three references. 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: _________________________________________ 320 Terminal Drive, Suite 200, Fort Lauderdale, FL 33315 954-359-6973 gdouge@broward.org Gasser Dougé 04/2023, On-going 13400 Griffin Road,Southwest Ranches, FL 33330 Broward County Aviation Department (BCAD) Town of Southwest Ranches 954-343-7444 rley@soutwestranches.org Rod Ley 10/2022, 02/2023 City of Hallandale Beach 630 NW 2nd St., Hallandale Beach, FL 33009 954-457-1607 jpateau@hallandalebeachfl.gov Joselaine Pateau 01/2023, 07/2023 ATTACH BID BOND HERE EXHIBIT “K” BID SECURITY BIDDER Kailaq_Lorp.lle l(t*bs Con!_q!or! Name Name 125S5 Orarge &ive, Suite 410, Davie, FL 33330 Address Address FLORIDA RESIDENT AGENT C,harbs O Niehon. Nidson. lhataE Cornpary Name 15050 NW 79th Courl, Suite 200, Miami Lakes, FL 33016 Address IDENTITY BIDDER Name L*\- EXHIBIT "J] BID BOND SURETY The &rio Casudty lnsuranoe Compary 175 8e*eley Slreel Boston, MA 02116 OWHER City of Dania Beach, Florida 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Telephone: (954) 924-6800 F-acsitnile: (954) 921 -26A4 Phone Fax PROJECT:NORTHWEST IST STREET DRAINAGE IMPROVEMENTS ITB No.23-019 wn5,n023 N/A 09/2512023 Bid Due Date Bond Number Bond Date $ 10,0@.00 (Ten Thousand Doflars ard 00/100) Penal Sum lN WITNESS OF TIIE FOREGOING, Surety and Bidder, intending to be legally bound, subject to the te rms included in this section, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. ur,- (ro o. fr'() C) IDENTITY OFSURETY (Attach Power of Attorney) The Ohio Casualty hsurance Company Clorporatc Name and Seal (or other Full Lesal Name)'Annot* 4qt;;l.w Signature Charhs D. Nielsm, liltomey-ln-Fd Printed Name and Title Signature and UYilness: )0ffir: Witness: N(*Xr:Attest 305-i??-2063 EXHIBIT “M” 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. Jorge Paz, President Kailas Corp. EXHIBIT "M" CERTIFICATION TO ACCURACY OF I}It) (continued) It',t- Signature (lllue ink only) Paz Print Name President 'title s 4 Date STATE OF FLORIDA COUNTY OF BrOWArd CTAUDIA BERT{AL Notary Publk State of Florlda Comm#HH20039 Erclres tVl7n0zs My commission expins: \\ / t"l / ZCZS Notary Public c-\o.L\d.io (b<trra! PRINT Name of Notary Public 'lJ% BEFORE ME, an otlcer duly authorized by law to administer oaths and take acknowledgments" personally appeared dphysical presence or fl online notarization, onq/zD - 5 as Oz=atdcrt , of lrlcL\klb CE;O. , an organization authorized to do business in the State of Florida. and acknowledgedand exccuted the fbregoing statement as the proper official of for the use and purposcs rnentioned in it and aftixed thE official seal of thc entity.and that the instrument is the act and dced of that entity- flg/she is personally known to me or has produced as identification. 8lCItld-q row \'l EXHIBIT "O'' ACKNOWLEDGMENT qF CONFORMANCE WITH FLORIDA TRENCH SAFETY ACT -l"o thc City of Dania Beach" [rlnrida: Kailas Corp', Contractor, acknowledges ancl agrees that as Contractor for the City of Dania Beach, Florida, which may or rvillbe working within the limits of the City of Dania Beach, Florida, it has the sole responsibility for compliance with all requirements ol the Florida Trench Sat'ety Act, Section 553.60 et seq. Florida Statutes, and it agrees to indemnily and hold harmless the City of Dania Beach. l"lorida. its officials, employees, and its agents against any and all lcgal liability or loss which thc City of Dania Beach, Florida may incur due to ths Contractor's failure to comply with such Act. The cost of compliance with all such requirements has been included in the Bid. CONTRACTOR: Kailas Corp of Contractor Jorge Paz, Witness PRINT Name, Title c1 Jz- .?oz3 PRINT Name Date (coRPoRATE Af \r $u # 8s {' 4 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/24/2023 (305) 822-7800 (305) 362-2443 Kailas Corp. PO Box 552098 Davie, FL 33355 33138 27847 22837 25445 A 1,000,000 56300093500 6/15/2023 6/15/2024 50,000 5,000 1,000,000 2,000,000 2,000,000 4,000,000B LHA102932 6/15/2023 6/15/2024 4,000,000 C WFL507176100 6/15/2023 6/15/2024 1,000,000 1,000,000 1,000,000 D Equipment Floater MXI9307982418906 6/15/2023 Leased/Rented 250,000 E Pollution Liability ICELLUW00151533 6/15/2023 6/15/2024 Each Occurrence 2,000,000 For Information Purposes Only X X X KAILCON-01 DDEPAZ Collinsworth, Alter, Fowler & French, LLC 15050 NW 79th Court Suite 200 Miami Lakes, FL 33016 GuideOne National Insurance Company Landmark American Ins Co Insurance Company of the West AGCS Marine Insurance Co Ironshore Specialty Insurance Company X 6/15/2024 X X X X X CERTIFICATE OF LIABILITY INSURANCE Date 06/23/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Legra Insurance Agency Inc 323 E Hallandale Beach Blvd Hallandale Beach, FL 33009-5526 CONTACT NAME: Ana Legra PHONE (A/C, No, Ext): 9544553938 FAX (A/C, No): 9544552922 E-MAIL ADDRESS: lia@legrainsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Infinity Assurance Insurance Company 39497 INSURED KAILAS CORP 12565 Orange Dr Davie, FL 33330 INSURED B : INSURED C : INSURED D : INSURED E : INSURED F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR __________________________________ __________________________________ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC OTHER: EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence)$ MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ A AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY 509820047898001 06/15/2023 12/15/2023 COMBINED SINGLE LIMIT (Ea accident)$1,000,000 BODILY INJURY (Per person)$ BODILY INJURY (Per accident)$ PROPERTY DAMAGE (Per accident)$ $ UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS-MADE DED RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION for information only , SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT 115 S. Andrews Ave., Rm. A-100, Ft. Lauderdale, FL 33301-1895 – 954-831-4000 VALID OCTOBER 1, THROUGH SEPTEMBER 30, DBA: Receipt #: Business Name: Business Type: Owner Name: Business Opened: Business Location: State/County/Cert/Reg: Exemption Code: Business Phone: Rooms Seats Employees Machines Professionals For Vending Business Only Number of Machines: Vending Type: Tax Amount Transfer Fee NSF Fee Penalty Prior Years Collection Cost Total Paid THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT WHEN VALIDATED Mailing Address: This tax is levied for the privilege of doing business within Broward County and is non-regulatory in nature. You must meet all County and/or Municipality planning and zoning requirements. This Business Tax Receipt must be transferred when the business is sold, business name has changed or you have moved the business location. This receipt does not indicate that the business is legal or that it is in compliance with State or local laws and regulations. - BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT 115 S. Andrews Ave., Rm. A-100, Ft. Lauderdale, FL 33301-1895 – 954-831-4000 VALID OCTOBER 1, THROUGH SEPTEMBER 30, DBA: Receipt #: Business Name: Business Type: Owner Name: Business Opened: Business Location: State/County/Cert/Reg: Exemption Code: Business Phone: Rooms Seats Employees Machines Professionals Signature For Vending Business Only Number of Machines: Vending Type: Tax Amount Transfer Fee NSF Fee Penalty Prior Years Collection Cost Total Paid 0.00 0.00 Paid Paid 27.00 27.00 CGC1507261 CGC1507261 GENERAL CONTRACTOR GENERAL CONTRACTOR Receipt # Receipt # 180-230620 180-230620 305-722-0099 305-722-0099 0.00 0.00 27.00 27.00 BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT KAILAS CORP KAILAS CORP 0.00 0.00 01/26/2010 01/26/2010 JORGE PAZ JORGE PAZ WWW-21-00259560 WWW-21-00259560 2022 2022 2022 27.00 27.00 0.00 0.00 KAILAS CORP DAVIE DAVIE 09/21/2022 09/21/2022 12565 ORANGE DRIVE #410 12565 ORANGE DRIVE #410 2023 2023 2023 12565 ORANGE DRIVE #410 DAVIE, FL 33331 4 4 0.00 0.00 TOWN OF DAVIE Business Tax Receipts Division 8800 SW 36th Street, Davie, FL 33328 Telephone: 954-797-1212 Email: btr@davie-fl.gov Website: www.davie-fl.gov Business Name: KAILAS, CORP. Address: PO BOX 552098 City, ST, Zip: DAVIE, FL, 33355 TOWN OF DAVIE Business Tax Receipt Effective Date: 10/1/2022 Expiration Date: 9/30/2023 License Number 115 DBA Name: Business Name: KAILAS, CORP. Business Phone: (305) 722-0099 Square Footage: 470 Address: 12565 ORANGE DR 410 City, ST, Zip: DAVIE, FL, 33330 License Type: Contractor Engineering CERTIFICATE OF USE *The Business Tax Receipt is an acknowledgment that a Business Tax has been paid pursuant to Sec. 13-17 of the Town Code. Please contact the Towns Business Tax Receipt Division if the business has ceased, moved or changed ownership. **The Certificate of Use is an acknowledgment that the business was determined to have met the requirements of Sec. 12 - 382 of the Town Code. If blank, Certificate of Use details are on file with Business Tax Receipts Division. City of Dania Beach Finance Memorandum DATE: 11/14/2023 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Frank L. DiPaolo, Chief Financial Officer SUBJECT: Approval of a Resolution authorizing the award of RFP 2023-021 entitled "Production and Printing of a Commemorative Publication", and to authorize the City Administration to negotiate and enter into an agreement with Island Syndicate Holdings LLC in an amount that may exceed the annual vendor threshold amount of $50,000. Request: The Finance Department requests approval of a Resolution authorizing the award of RFP 2023- 021 entitled "Production and Printing of a Commemorative Publication", and to authorize the City Administration to negotiate and enter into an agreement with Island Syndicate Holdings LLC in an amount that may exceed the annual vendor threshold amount of $50,000. Background: The City Commission directed the City Manager to issue a Request for Proposals (RFP) for the Production and Printing of a Commemorative Publication to celebrate the 120th Anniversary of Dania Beach, from its historic beginnings as Broward’s first city, to its current standing as a prime site for commercial development and a premier community in which to live, work, play, and visit. On September 5, 2023, the City issued RFP 2023-021 “Production and Printing of Commemorative Publication” (the “Project”) and proposals were publicly opened on September 26, 2023, with one (1) qualified proposal received from Island Syndicate Holdings LLC. On October 30, 2023, the bid committee, comprised of the Deputy City Manager, Marketing and Communications Division Director, and Chief of Staff met and determined that the proposal is responsive. The City Administration recommends that the City Commission award RFP 2023- 021 to Island Syndicate Holdings LLC and authorize the City Administration to negotiate and enter into an agreement for the Project. Budgetary Impact That the funding for the Project is available and appropriated within the City Commission Contingency Account No. 001-18-00-519-99-10 and upon execution of the agreement, the final negotiated cost will be transferred to the City Commission Professional Services Account No. 001-11-01-511-31-10. Recommendation Approve the Resolution authorizing the award of RFP 2023-021 entitled "Production and Printing of a Commemorative Publication", and to authorize the City Administration to negotiate and enter into an agreement with Island Syndicate Holdings LLC in an amount that may exceed the annual vendor threshold amount of $50,000. RESOLUTION NO. 2023-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE AWARD OF REQUEST FOR PROPOSALS NO. 2023-021, ENTITLED, “PRODUCTION AND PRINTING OF COMMEMORATIVE PUBLICATION” AND TO AUTHORIZE THE CITY ADMINISTRATION TO NEGOTIATE AND ENTER INTO AGREEMENT WITH ISLAND SYNDICATE HOLDINGS LLC IN AN AMOUNT THAT MAY EXCEED THE ANNUAL VENDOR THRESHOLD AMOUNT OF FIFTY THOUSAND DOLLARS ($50,0000.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission directed the City Manager to issue a Request for Proposals (RFP) for the Production and Printing of a Commemorative Publication to celebrate the 120th Anniversary of Dania Beach, from its historic beginnings as Broward’s first city, to its current standing as a prime site for commercial development and a premier community in which to live, work, play, and visit; and WHEREAS, on September 5, 2023, the City issued RFP 2023-021 “Production and Printing of Commemorative Publication” (the “Project”) and proposals were publicly opened on September 26, 2023, with one (1) qualified proposal received from Island Syndicate Holdings LLC; and WHEREAS, on October 30, 2023, the bid committee, comprised of the Deputy City Manager, Marketing and Communications Division Director, and Chief of Staff met and determined that the proposal is responsive; and WHEREAS, the City Administration recommends that the City Commission award RFP 2023-021 to Island Syndicate Holdings LLC and authorize the City Administration to negotiate and enter into an agreement for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1.That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2.That the City Commission authorizes the proper City officials to negotiate and execute a final agreement with Island Syndicate Holdings LLC that may exceed the annual vendor threshold of Fifty Thousand Dollars ($50,000.00) for the Project and in accordance their 2 RESOLUTION #2023-______ Cost Proposal, a copy of which Proposal is attached as Exhibit “A” and made a part of and incorporated into this this Resolution by this reference. Section 3.That the funding for the Project is available and appropriated within the City Commission Contingency Account No. 001-18-00-519-99-10 and upon execution of the agreement, the final negotiated cost will be transferred to the City Commission Professional Services Account No. 001-11-01-511-31-10. 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. PASSED AND ADOPTED on __________________, 2023. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Commissioner Joyce L. Davis ______ Commissioner Tamara James ______ Commissioner Marco Salvino ______ Vice Mayor Lori Lewellen ______ Mayor Archibald J. Ryan IV ______ PASSED AND ADOPTED on _________________, 2023. ATTEST: ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY PRODUCTION AND PRINTING OF COMMEMORATIVE PUBLICATION RFP 23-021 Prepared by Calibe Thompson &David I Muir Presented September 21,2023 islandsyndicate.com calibe@islandsyndicate.com |305-342-5314 david@islandsyndicate.com |954-200-5110 Executive Summary About Island Syndicate Island Syndicate Holdings LLC is a South Florida media and branding agency that creates exceptional content for discerning corporate,governmental and organizational clients. Specializing in print publishing,photography and video production,the company has provided services with a mission of “storytelling excellence”since 2015.Our office is located at 1915 NE 45th Street,Suite 107,Fort Lauderdale,FL 33308. Island Syndicate is led by Calibe Thompson (publishing and operations lead),and David I. Muir (photography and client relationship lead),with core team member Hannah Gulics offering support (project coordination).While our photography team is primarily in-house, we are flexible enough to scale with our workload because we engage a network of freelance contractors for our changing writing,editing and design needs. Proposal Summary The company seeks to create a keepsake publication to commemorate the 120th Anniversary of incorporation of the City of Dania Beach.Attractive and content-rich,this printed piece will be distributed as a treasured memento to key partners,constituents and dignitaries in Dania Beach,and may be made available as an item for purchase appealing to both locals and visitors. This timeless keepsake will catalog,in beautiful images and endearing words,Dania Beach's transformation and growth from an 1890s settlement by 12 Danish families,through its November 1904 incorporation as Broward’s first city,to its current position as a leading South Florida destination to “Sea,Live and Love.”The book will include the overarching themes:Then,Now and Tomorrow --to present a chronological storytelling. The glossy publication will celebrate the city’s humble beginnings and show its tremendous forward progress through: ●Text encapsulating key milestones in the journey from its origins as the simple Modello neighborhood in the late 19th century to the thriving city that is currently Dania Beach. ●A visual timeline of the city’s evolution. ●Quotes and anecdotes from past and present Commissioners,Mayors,City Managers and key figures in the community. ●Recognizing people,places and milestones of significance to Dania Beach. ●Archival and current images showing the evolution of landmarks,institutions and parks. ●A showcase of the key events hosted in the City. ●And more. Please Note:A more detailed outline of page content will be developed after our first content meeting with the city’s team. islandsyndicate.com |contracts@islandsyndicate.com |954-200-5110 1 Relevant Project Experience: Below,please see a list of clients to whom we have provided relevant project services,as well as synopses of the related projects and scopes of work completed since 2017 (6 years). ●Aqua Marketing &Communications /Visit Lauderdale Explore Greater Fort Lauderdale Magazine,10 issues (2020-2021),10 issues (2023) A visitor guide series representing all 31 municipalities in Broward County.Scope included research,writing,photography,layout,printing,distribution and development of digital flipbook versions. ●City of Miami Gardens City of Miami Gardens 20th Anniversary Hardcover Keepsake Book (2022-2023) A history of the City of Miami Gardens from its original settlement in the 1920s to its eventual first and second attempts at incorporation,culminating in an overview of current and future city initiatives,often featuring stories shared by city founders as well as former and current elected officials.Scope included research,writing, photography,layout and printing. Island Syndicate published a single turnkey “Discover Miami Gardens”magazine for the municipality ahead of their 2020 destination event period (Superbowl,F1,Miami Open,Jazz in the Gardens),published a city map and guide with ADA compliant digital version,and has interviewed city officials for the city’s quarterly newsletter since 2021. ●City of Lauderhill Multi-year Lauderhill Spotlight newsletter contract (since 2020) Three times each year,Island Syndicate gathers images and information provided by the City of Lauderhill to edit,design,print,distribute (via USPS)and deliver with an ADA compliant digital version for their “Lauderhill Spotlight”newsletter. Island Syndicate has published three turnkey “Destination Lauderhill”visitor guides for the city as well. ●Jamaica Tourist Board Lifestyle Photography (2021) In 2021,the Jamaica Tourist Board retained Island Syndicate to capture a lifestyle campaign image series for their international promotions.We captured footage of many iconic spots and sites throughout all 14 parishes of the country,with resulting images used both for print and digital tourism promotions,and in our proprietary keepsake book. ●Proprietary Pieces of Jamaica (2022) A second edition coffee-table book celebrating Jamaica during its 60th year of independence.All photos,writing,research and archival insertions,as well as printing and sales were coordinated internally. ●Proprietary Island Origins Magazine (2017 -2022) Island Syndicate’s Caribbean-American lifestyle publication was printed quarterly for five (5)years and was the winner of nine (9)Florida Magazine Association awards for excellence in writing and photography. islandsyndicate.com |contracts@islandsyndicate.com |954-200-5110 2 We believe that our years of experience managing multiple detail-oriented publishing projects,our flexibility and our network of qualified contractors makes us uniquely qualified to deliver this project on-time and within our stated budget. Please Note:Timely delivery and adherence to milestones require timely client and resource partner responses.A key element of the project’s success is clear and timely communication and access to information,interview subjects and related resources. Approach -Project Process Island Syndicate acknowledges the city’s need to commemorate 120 years of its rich history.Per RFP requirements,Island Syndicate is capable of managing and executing this project from concept to completion. Our publishing process includes the following: ●Planning -Meeting with the city's liaison,historian,public information agent,city manager,sponsors and any other key stakeholders to ensure that the overall vision for the project is aligned from the beginning.Creating a chapter outline for what content will be allocated page by page,and what archival and current images will be gathered. Working with the city's team to ensure approval and sign off on the finalized detailed plan before formal content generation begins.This early stage also includes the development of a custom branding guide /template for proposed page layout styling. ●Coordination -Working with the city's team to schedule interviews,information gathering,coordinate delivery of archival images,access oral histories,coordinate photo shoots and other related activities. ●Research -Reviewing all provided assets,information,histories,archival news clipping etc and composing them into a cohesive framework. ●Original photography -Shooting lifestyle and beauty shots of approved locations throughout the city of Dania Beach to show the current profile of the city. ●Stock Photography -Acquiring archival images that may or may not have a licensing cost attached to them,including the use of some newspaper clippings. ●Writing -Final written content creation. ●Editing -Professional copyediting for fact checking,easy to read narratives,proper grammar and an error-free final product.Image editing will ensure that colors, contrast and overall visual aesthetic remains consistent from page to page. ●Layout -Page by page graphic design layout to include chapter titles,text and images,as well as timelines,photo journals and any other non-standard content element. ●Review rounds -Upon delivery of a first complete draft of the book,we will facilitate multiple review rounds until the client is satisfied with content quality. ●Printing and delivery -Printing coordination with our professional print partner to deliver copies of a high-quality,individually-wrapped hardcover book with embossed dust jacket and Smythe sewn binding F.O.B direct to Dania Beach City Hall or other specified address city provides.It is highly recommended that the delivery site has a forklift and delivery bay. islandsyndicate.com |contracts@islandsyndicate.com |954-200-5110 3 Our team uses the Google GSuite of services,along with customized project management software,to keep track of our projects.We stay abreast of current technology trends for our photography equipment and methods.Our visual content creators and editors work to the specs provided for our visual aesthetic as well as technical printing needs.Our researchers, writers and copyeditors ensure that content is accurate and reader-friendly. Regardless of these processes,our clients may have alternate thoughts about best verbiage or how certain subjects should be approached.We check in periodically to ensure that we remain aligned,and do not go to print until our client is more than satisfied with the product to be delivered. Timeline (Estimated) To allow a six-month minimum production window (excluding printing),we advise starting detailed planning by November 2023.(Exact working timeline to be confirmed). ●First full draft delivered by May 1st,2024. ●Final content approval by July 15th,2024. ●Printed and delivered by October 15th,2024. Marketing Strategy Options for Sales Revenue In order for the city to generate additional income from this commemorative keepsake,we recommend that the general marketing strategy include: ●Retail sales through high-traffic hotels and stores in the city. ●Digital and on-site /in-store advertising. ●Development of a custom video commercial for display on the city website,on screens and for digital promo campaigns. ●A celebratory social event to recognize the city’s milestone anniversary,while also showcasing the book. Additional Services Available Videography Service to Capture Launch Event 1/2 day shoot with edited highlight reel for promotion on Dania Beach website and social pages - $3,500 Create a Custom Video Commercial for the 120th Anniversary Keepsake This promotional piece will be broadcast on the city’s website,shown in partner and sponsor venues,promoted via YouTube advertising,and shared as a general marketing piece to be used in various media platforms and outlets -$6,000 to $12,000 Any or all of the above could be combined in marketing efforts to promote knowledge of the anniversary keepsake,enhancing the potential number of book sales for the city. islandsyndicate.com |contracts@islandsyndicate.com |954-200-5110 4 Printing Recommendation Print Details: ●Project 12”x 12”hardcover book ●Page Size:12”x 12” ●Text paper +endpaper +case +dust jacket ○Dust jacket:4/0c +matte lamination on 157gsm gloss art paper ○Hardcover:4/0c +matte lamination on 157gsm gloss art,mounted on 3mm greyboard ○Text:4/4c on 128gsm matte art paper ○Ends:1/1c on 160gsm white woodfree paper ●Binding:Section sewn,cased in with H&T bands. We recommend printing at least 1,000 copies to satisfy: ●Sponsor allocations of 50 -100 copies each ●City leaders,keystaff and VIP gifts for the 120th anniversary celebration ●An allocation for gifts to visiting dignitaries and potential investors in the coming years ●An allocation for sales over the coming years Invoicing Island Syndicate will invoice the City of Dania Beach every 30 days as per the RFP procedure requests at a rate of 10%of the project cost every month for 10 consecutive months. References Below,please see a list of clients to whom we have provided relevant project services including the publishing of various magazines,newsletter publications and keepsake books. ●Aqua Marketing &Communications -Fran Vaccaro -954-612-8644 ●City of Miami Gardens -Tamara Wadley -786-509-8850 ●City of Lauderhill -Leslie Johnson -954-730-3082 ●Jamaica Tourist Board -Karlene Shakes -305-495-9511 ●Visit Lauderdale -Stacy Ritter -954-767-2443 islandsyndicate.com |contracts@islandsyndicate.com |954-200-5110 5 Proposed Pricing Tiers and Options (Our standard pricing per page is $1,000). 60 Pages (Basic)-discounted to $950 per page This is the minimum suggested page allocation.While major milestones will be recorded,it is likely that many key dates and events may be omitted due to space constraints. 60 Page Content Development =$57,000 Printing:1,000 books at $15 per book =$15,000 Tier 1 Total Project Price: $72,000 /Seventy-two thousand dollars 96 Pages (Recommended)-discounted to $850 per page It is highly recommended that,for a history of 120 years,at least 96 pages be allocated to avoid omitting key milestones and acknowledgements important to the story of the city. 96 Page Content Development =$81,600 Printing:1000 books at $18 per book =$18,000 Tier 2 Total Project Price: $99,600 /Ninety-nine thousand six hundred dollars 132 Pages (Deluxe)-discounted to $850 per page With 132 pages we are confident that we can cover the history and all key milestones in sufficient depth,and include enriching anecdotes,images and archival support content.This option will allow us to work comfortably and provide the best coverage of the long and vibrant history of Dania Beach.This is the most comprehensive option. 132 Page Content Development =$112,200 Printing:1,000 books at $20.00 per book =$20,000 Tier 3 Total Project Price: $132,200 /One hundred thirty-two thousand,two hundred dollars Supplementary Attachments: 1.Sample Content Plan:City of Miami Gardens 20th Anniversary 2.City of Miami Gardens 20th Anniversary Keepsake (Sample) 3.Pieces of Jamaica 2022 (Sample) 4.Explore Greater Fort Lauderdale:Dania Beach (2021) 5.Reference letters (4) 6.CBE /SBE and WBE certifications islandsyndicate.com |contracts@islandsyndicate.com |954-200-5110 6 Sample Content Plan: City of Miami Gardens 20th Anniversary Below is an example of the first step in the project process.After detailed communication with this city’s liaison,a section by section content plan for their project was created.This first draft was developed into additional,more detailed iterations before the final bulleted page plan was delivered for approval (milestone 1),and interviews and content creation began. General Content and Themes The book will include the themes,Then,Now and Tomorrow,to present a chronological storytelling of the City of Miami Gardens’progression. An abbreviated graphical timeline will run along the bottom /footer of each page with dates, notable events and historic moments corresponding with the subject matter being explored on the page above. An opening section will present a foreword by Mayor Harris,introduce readers to Miami Gardens as a trailblazing community,display a two-page graphical timeline spread of major events in the City’s history,and offer a preview of what can be found within the book. Subsequent sections will highlight: THEN Main Feature: The City of Destiny —Miami Gardens:A City’s Evolution The story behind the birth and growth of the City.Embellished with pull quotes and archival and contemporary images drawing attention to key moments along the City’s journey. ●Carol City before incorporation. ●The years-long process of becoming “Miami Gardens.” ●Important milestones leading up to,and then from the City’s incorporation until now. The turning point that inspired City incorporation ●The initial vision for Miami Gardens Faces of Miami Gardens Archival images of the founding members of Miami Gardens,with quotes from each,giving insights into their time fighting for the City’s incorporation,what their vision was at the time, canvassing teams (Members of the 1st and 2nd) ●Founding City Council ●First Mayor ●First City Manager ●Other notable people islandsyndicate.com |contracts@islandsyndicate.com |954-200-5110 7 NOW It’s Where You Want to Be The grand vision /values including: ●Promoting Black homeownership ●Maintaining a consistent monetary surplus ●Current developments and Miami Gardens’prestigious All-America City profile ●Creating facilities and resources such as the Marketplace as a way to support small and minority businesses ●Initiatives such as the community garden as a way to maintain healthy living,etc. Entertainment Destination: Photo highlights of Miami Gardens’world class events with brief write ups on the history of each,including: ●Jazz in the Gardens ●Super Bowl ●Orange Bowl ●F1 ●Miami Tennis Open ●Rolling Loud ●Various concerts,games and events at Hard Rock Stadium A Photojournal: Landmarks,Parks &Arcs:The Iconic Locations of Miami Gardens Large photos with short histories and factoids on each of these locations. Sunshine State Arch ●St.Thomas University ●Florida Memorial University ●Hard Rock Stadium ●Calder Casino ●Gardens Promenade ●City Hall ●Jessie Trice Community Health Center ●Bunche Park,Rolling Oaks Park,Buccaneer Park,Carol City Park,etc. Faces of Miami Gardens Contemporary lifestyle /candid /community images of the people of Miami Gardens,with quotes from each,reflecting on 20 years of Miami Gardens.Including: ●Locals and stalwart community leaders (We can get recommendations from Mayor Harris). ●Local celebrities like Rick Ross and Flo Rida. islandsyndicate.com |contracts@islandsyndicate.com |954-200-5110 8 TOMORROW A short review of the current Councilmembers’vision for the future of Miami Gardens, including: ●Renderings of new developments ●World Cup 2026 ●College football 2026 ●New annexing to expand the boundaries of the City,etc. ●Multi-year deal with F1 ●Metaverse (optional) ●New transportation vision (optional) islandsyndicate.com |contracts@islandsyndicate.com |954-200-5110 9 City of Dania Beach Community Development Memorandum DATE: 11/14/2023 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 Claudia Viviana Batista, P&Z Manager SUBJECT: SP-65-22/OT-066-22/OT-067-22/OT-061-23/OT-063-23/OT-064-23/OT-072-23 /VA-058-23/VA-062-23: The applicant and property owner, 501 Stirling Road LLC, requests approval of a Site Plan, Design Variations, Variances and Plat to allow the construction of a 10,000 square foot hardware store development on the property at 501 Stirling Road. Request: VARIANCES 1. STREET LANDSCAPING REQUIREMENTS To provide zero (0) street trees, where three (3) Sabal Palms are required per Code Sec. 307- 20(A) of the Land Development Code (LDC). (VA-058-23) 1. PARKING LOT DESIGN To allow dead-end parking where a turnaround is required per the LDC per Code Sec. 265- 110(C)(7). (VA-062-23) DESIGN VARIATIONS BUILDING PLACEMENT 1. To allow for a setback of eighteen foot and four inches (18’4”) to the NE side corner setback where zero-to-five-foot (0-5’) is required per City’s Land Development Code (LDC) Sec. 303-50(E). 1. To allow for a setback of ten-foot (10’) to the north boundary line where zero-to-five-foot (0-5’) is required per the City’s Land Development Code (LDC) Sec. 303-50(E). FRONTAGE STANDARDS 1. To allow thirty-four percent (34%) of the primary layer façade on Phippen Waiters Road to accommodate lot access and parking where fifty percent (50%) of the building façade is required per City’s LDC Sec. 303-50(F). FRONTAGE DESIGN STANDARDS 1. To allow sixty percent (60%) of glazing on primary elevation along Stirling Road, where the (LDC) requires seventy percent (70%) of translucent glazing on the ground floor per Code Sec. 311-20(E)(1). VEHICULAR ACCESS REGULATIONS 1. To allow access through a primary street where the City’s LDC requires vehicular access from the rear or secondary street only per Code Sec. 306-10(A)(1)(2). PARKING AND LOADING REGULATIONS 1. To allow loading space to be setback ten feet (10’) from a neighborhood residential district boundary when the City’s LDC requires a minimum separation of fifty feet (50’) as per Code Sec. 306-30(B). SCREENING REQUIREMENTS 1. To allow landscape in lieu of street wall to shield vehicular use areas as required by Code Sec. 307-20(G) SITE PLAN APPROVAL The applicant is requesting Site Plan approval for the construction of a 10,000-square-foot hardware store. Background: The subject property is a 0.675-acre parcel and is composed of three parcels located south of Stirling Road and west of Phippen Waiters Road. The property used to be a convenience store and a vacant lot, which has closed off in preparation for the proposed development. The site is surrounded by mostly commercial to the north and west, residential single-family to the south, and vacant land to the east. Approval of the requested site plan would allow for the development of a new 10,000-square-foot hardware store. Variances STREET LANDSCAPING REQUIREMENTS The applicant is requesting a variance to install landscape and streetscape design along Phippen Waiter Road as required per Section 307-20(A) of the LDC. The LDC requires street tree installation on the right of way. Because the existing roadway is already constructed to the property line, street trees cannot be installed without demolishing the existing sidewalk making it difficult to locate trees. The applicant has proposed a seven (7’) foot landscape planting area behind the public sidewalk on private property. They are proposing to plant two Orange Geiger trees to create the street tree appearance outside the public right-of-way. This provision of the LDC is intended to create a uniformed streetscape while establishing a minimum tree count. The applicant provided the following justification for the variance request based on the variance criteria identified in the City’s LDC, Section 625-40: Section 625 of the City’s LDC states, the City Commission or Planning and Zoning Board, if applicable, shall hold its public hearing and, after consideration of the staff recommendation and public input, if any, may deny, approve, or approve with conditions the application for variance, based upon its determination that the request meets the criteria identified in Section 625-40, which are identified below. For each criterion, the applicant’s justification statement is provided, as well as the Community Development staff’s findings in italics. 1. “That the requested variance maintains the basic intent and purpose of the subject regulations, particularly as it affects the stability and appearance of the city.” Applicant: As part of the overall urban infill redevelopment, an alternative design is proposed that maintains the basic intent and purposes of the streetscape regulations while addressing the existing conditions on site. As discussed, a landscape strip, including two Orange Geiger trees and various shrubs, has been proposed within the parcel at the back of the sidewalk maintaining the street tree design intent along the roadway. It should be noted that the applicant is providing the code-specific streetscape alongside Stirling Road which is one of two primary road frontages on site. Community Development staff considers the applicant is working diligently to provide the LDC streetscape requirement considering the current site conditions. 1. “That the requested variance is otherwise compatible with the surrounding land uses and would not be detrimental to the community.” Applicant: The variance will not be detrimental to the community or surrounding land uses. The variance to omit the street trees in this location to allow for the existing sidewalk to remain will support the existing pedestrian connection to the north and south of the subject site. Additionally, rather than removing all of the per-code streetscape and landscape, the applicant is proposing to meet the look and feel of the district with an offset landscape area. The new trees proposed within the property serve to promote compatibility with surrounding land uses that will or currently have similar street tree plantings within the right-of-way. Community Development staff finds the request is compatible with the surrounding land uses in this area. 1. “That the requested variance is consistent with, and in furtherance of, the goals, objectives, and policies of the adopted Comprehensive Plan, as amended from time to time, and all other similar plans adopted by the city.” Applicant: The variance is consistent with the goals, objectives, and policies of the Comprehensive Plan. The Comprehensive Plan does not specify the location of street trees and therefore there is no impact as a result of this variance request. The plan does discuss pedestrian access and walkability. Keeping the existing sidewalk will further support the goals, objectives, and policies of the comprehensive plan. Community Development staff confirms that the variance request is in keeping with the Goals, Objectives, and Policies of the Dania Beach Comprehensive Plan, especially with policies in Objective IX Policy 9.4 of Transportation Element: Construction of sidewalks and installation of pedestrian improvements such as benches, interconnected sidewalks and lighting. 1. “That the plight of the petitioner is due to unique circumstances of the property or petitioner which would render conformity with the strict requirements of the subject regulations unnecessarily burdensome.” Applicant: The unique circumstance of the property in this request is the location of the existing sidewalk within the ROW. The sidewalk is adjacent to the property line to the west and adjacent to the back of the curb to the east, leaving no room for street trees within the ROW unless the sidewalk was demolished. In the situation in which the city and applicant were able to demolish the sidewalk, there would be a very limited sidewalk area, with no available room to plant the correct code-accurate street tree plantings. Community Development staff agree with this justification. 1. “That the variance requested is the minimum variance that is necessary to afford relief to the petitioner while preserving the character, health, safety, and welfare of the community.” Applicant: The applicant is requesting the minimum possible variance, while meeting, to the highest degree possible, additional onsite landscape standards. Although a variance is being requested of the frontage along Phippen Waiters Road, the city should expect to see a fully streetscaped area along Stirling Road as a complement to the proposed variance. As discussed, two Orange Geiger trees and associated shrubs have been proposed on the property, behind the sidewalk, to promote the look of a street tree design along the roadway. Community Development staff verifies that this is the minimum variance necessary to accommodate the project as proposed. PARKING LOT DESIGN The applicant is requesting a variance from Section 265-110(C)(7) prohibiting dead-end parking aisles unless certain conditions are met of the Land Development Code. The LDC prohibits dead-end parking unless they are double-loaded, have fewer than 21 spaces, and have a three- point turnaround. The applicant is proposing a twelve (12) space, single-loaded parking aisle without a turnaround. It is important to note that the vehicular use area is not a dead-end but one- way. In an emergency situation, a vehicle could continue west through the site and exit onto Stirling if required. This provision of the LDC is intended to promote necessary functions of loading, unloading, parking, and traffic maneuvers to be carried in private property in a safe manner. The applicant provided the following justification for the variance request based on the variance criteria identified in the City’s LDC, Section 625-40: Section 625 of the City’s LDC states, the City Commission or Planning and Zoning Board, if applicable, shall hold its public hearing and, after consideration of the staff recommendation and public input, if any, may deny, approve, or approve with conditions the application for variance, based upon its determination that the request meets the criteria identified in Section 625-40, which are identified below. For each criterion, the applicant’s justification statement is provided, as well as the Community Development staff’s findings in italics. 1. “That the requested variance maintains the basic intent and purpose of the subject regulations, particularly as it affects the stability and appearance of the city.” Applicant: The proposed parking area contains twelve (12) spaces of single-loaded parking aisle at the terminus of a one-way drive, without a turnaround. The row of parking is not located at a dead-end, but it is along a one-way driveway and therefore meets the basic intent and purposes of the regulations particularly as it affects the appearance of the city. In an emergency situation, a vehicle could continue west through the site and exit onto Stirling if required. This design is not specifically addressed by Section 265-110(C)(7). The proposed design may not fully meet the intent of the code section. However, with such limited use and parcel size, the parking, as proposed, best serves to maximize the potential of the site and does not negatively affect the stability and appearance of the city. Community Development staff agrees with this assessment. The proposed parking meets the second layer requirements and provides access to both streets, Phippen and Stirling if needed in case of an emergency. 1. “That the requested variance is otherwise compatible with the surrounding land uses and would not be detrimental to the community.” Applicant: The proposed parking area for the site is compatible with the surrounding land uses and will not be detrimental to the community. The subject site is unique as it is landlocked and is a prime example of a parcel fit for infill redevelopment. The site has two primary street frontages and is adjacent to an auto repair shop to the west blocking access to SW 11th Avenue and residential single-family homes directly to the south. The adjacent properties are naturally limiting factors on the site’s ability to provide any other form-based method of off-street parking and access (cross access, alleyways, etc.). However, the proposed twelve (12) space, single- loaded parking aisle without a turnaround is compatible with the urban infill nature of the site and the surrounding development within the Community Redevelopment Area (CRA). The one-way ingress access off Stirling creates a unique scenario as encouraged by the district’s form-based code. To provide double-loaded parking to meet the standards of Section 265- 110(C)(7) would be in excess of what is needed on site and not true to the form-based design of the site. Most importantly, it would propose parking above the required amount for the proposed use. Community Development staff finds the request is compatible with the surrounding land uses in this area. 1. “That the requested variance is consistent with, and in furtherance of, the goals, objectives, and policies of the adopted Comprehensive Plan, as amended from time to time, and all other similar plans adopted by the city.” Applicant: The variance is consistent with the goals, objectives, and policies of the Comprehensive Plan. In numerous locations, the Comprehensive Plan states that adequate parking shall be provided for new development in accordance with the City’s land development regulations (Policy 8.4 and Objective VIII of the Future Land Use Element and Policy 1.27 of the Transportation Element). The proposed twelve (12) space, single-loaded parking aisle without a turnaround is in conformance will all parking requirements established by the land development regulations, with the exception of this variance. Providing double-loaded parking, instead of the single-loaded that is proposed, to meet the standards of Section 265-110(C)(7) would be in excess of what is needed on site and not true to the form-based design of the site and surrounding areas. It would also propose parking which is above what is required for the proposed use, in violation of the parking adequacy requirements of the Comprehensive Plan. Community Development staff confirms that the variance request is in keeping with the Goals, Objectives, and Policies of the Dania Beach Comprehensive Plan, especially with policies in Objective VIII Policy 8.4 of Future Land use: Adequate vehicular parking shall be provided for new development in accordance with the land development regulations. 1. “That the plight of the petitioner is due to unique circumstances of the property or petitioner which would render conformity with the strict requirements of the subject regulations unnecessarily burdensome.” Applicant: The requirement for one-way access off Stirling Rd to be used solely for site ingress is a unique circumstance facing the subject property. The site is also constrained in its ability to provide for a double-loaded parking configuration and/or a turn-around due to the overall lot depth, width, and total site area. The parking, as proposed, best serves to maximize the potential of the site and meet all other land development regulations. Community Development staff agree with this justification. The site constraints are a unique circumstance, and the traffic circulation proposed is the best option to maximize the development while complying with most of the LDC requirements. 1. “That the variance requested is the minimum variance that is necessary to afford relief to the petitioner while preserving the character, health, safety, and welfare of the community.” Applicant: The applicant is requesting the minimum possible variance, while meeting, to the highest degree possible, sufficient parking and access to preserve the character, health, safety, and welfare of the community. On-site parking is proposed in such a configuration deemed necessary by the one-way ingress along Stirling Rd, which works to ensure safety for all users as well as pass-by vehicles and pedestrian traffic. Community Development staff verifies that this is the minimum variance necessary to accommodate the project as proposed. Design Variations: BUILDING PLACEMENT The applicant is requesting two Design Variations to waive the Neighborhood Mixed-Use (NBHD-MU) District- building placement as follows: The applicant is proposing to locate the building with a ten-foot (10’) setback on the north elevation and an eighteen-foot and four inches (18’4”) setback on the northeast corner where zero-to-five-foot (0-5’) is required per the City’s Land Development Code (LDC) Sec. 303- 40(L). This provision of the LDC ensures building placement is close to the property line to create an urban-style development. The information for each Design Variation provided below from the applicant addresses the criteria identified in Section 301-50(D) of the LDC: 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 Applicant Response: The provision for a minimum setback of ten feet (10’) on the north elevation is needed due to an existing overhead utility easement along the northern perimeter. The building cannot be located over a designated utility easement. In addition, due to a unique rounding of the property line on the northeast corner, the setback request of the east elevation. Site design is challenging in an urban redevelopment scenario where there are existing sidewalks and utility easements with the addition of new requirements from the Land Development Code. The requested flexibility will result in a superior development than the current use because it will allow more space for streetscape and maintain the easement previously established. Community Development Staff considers the setback variation request is needed in order to accommodate the existing conditions of the property and maximize the use of the property for the development. 1. 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. Applicant Response: The variation is appropriate to accommodate site conditions not anticipated in these regulations. The ten-foot (10’) setback on the north boundary is necessary to maintain the utility easement previously established. It will allow for an increase in sidewalks and the ability to install streetscape, which will improve pedestrian safety along the roadway. In addition, the eighteen-foot and four-inch (18’4”) setback on the eastern side will support pedestrian scale walkability as well as a welcoming and inviting façade with the proposed canopy along the northeast corner. The area creates a visibly landscaped sidewalk area outside the main entrance into the building supporting pedestrian safety. Community Development staff agree with this assessment. FRONTAGE STANDARDS As it is not feasible to have a continuous building within the first layer along Phippen Waiters Road, because of access constraints, the applicant is requesting a variation from Code Sec. 303- 50(F) requiring thirty feet (30’) minimum depth of building on the first layer as required per the City’s Land Development Code (LDC). This provision of the LDC ensures building placement follows a development pattern maintaining the minimum frontage requirements and creating an urban-style development. The information for each Design Variation provided below by the applicant addresses the criteria identified in Section 301-50(D) of the LDC: 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 Applicant Response: The request is for a reasonable accommodation of design flexibility since it would limit the potential development and use of the site due to the corner lot disposition of the property. Because of the lot constraints, there is not enough depth to meet the front requirement and provide vehicular access on Second Street. This is in an infill redevelopment consisting of three small parcels. To keep parking thirty feet (30’) from Phippen Waiters Road would severely limit the amount of parking for the proposed use and likely make the site undevelopable. The Community Development Staff considers the frontage standard variation request is needed in order to accommodate property access and parking requirements for the operations. 1. 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. Applicant Response: The applicant is proposing to meet, in excess, the requirements along Stirling Road where proposed parking will be 56 FT from the property line. The location in which the variation is needed, along Phippen Waiters Road, is only for a portion of the roadway. This frontage will be consumed mostly by the building and access driveway. Landscaping, sidewalks, and a pedestrian-scale architectural façade are proposed along Phippen Waiters. The parking is located to the south of the Phippens Waiters driveway and does not diminish the view or design of the building. Community Development staff agree with this assessment. FRONTAGE DESIGN STANDARDS The applicant is proposing shop frontage for architectural treatment with sixty percent (60%) of glazing where the Land Development Code (LDC) requires seventy percent (70%) per Code Sec.311-20(E)(1). This provision of the LDC is intended to promote active sidewalks by promoting lively and visually appealing environments. The information for each Design Variation provided below by the applicant addresses the criteria identified in Section 301-50(D) of the LDC: 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 Applicant Response: Due to the nature of the business being primarily a warehouse with ancillary showroom and retail, the warehouse portion does not require visibility from the exterior and would minimize the security of the merchandise. By providing most of the glazing percentage on the retail component of the building, the applicant meets the requirements of the glazing standards. The Community Development Staff considers the proposed glazing is prudent based on the use proposed. 1. 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. Applicant Response: The variation is appropriate to reconcile conflicting requirements. The applicant has, to the best of their ability, provided additional glazing along Stirling Road, beyond what is typically required or requested for warehouse use. This additional glazing, although not meeting the architectural requirements, is an effort to maximize the intent of the code on a building that would normally see little to no glazing in the design. As discussed with the city, the Retail use is almost completely glazed. The Community Development staff agrees with this assessment. VEHICULAR ACCESS REGULATIONS The applicant is proposing to provide one-way ingress access from Stirling Road where the Land Development Code (LDC) implements an access hierarchy from the CRA form-based districts to promote vehicular access from the rear yard or secondary street only per Code Sec.306- 10(A)(1)(2). This provision of the LDC is intended to maintain the access hierarchy from the CRA form-based districts. The information for each Design Variation provided below from the applicant addresses the criteria identified in Section 301-50(D) of the LDC: 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 Applicant Response: The applicant is intending with this deviation to mitigate any potential increase in traffic along the immediate right turn area into Phippen Waiters Road by limiting the number of quick succession right-hand turns to get to the potential sole access on-site via Phippen Waiters Road. The request is for a reasonable accommodation to keep the access as one way to maintain the partial form-based design of not having multiple VUA egress points on site. In doing so, the applicant will be limiting the stacking impacts on traffic along Stirling, prior to the light, by not allowing any turning out. Applicant acknowledges the variation in conditions that exist, and the difficulty of accounting for them in a design-specific regulation. Community Development Staff considers the design variation is needed for traffic circulation of the site and understanding the constraints of the property. 1. 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. Applicant Response: The variation is appropriate to accommodate site conditions not anticipated in these regulations. In effect, the one-way access creates the preferred dead-end situation as detailed under code section 306-10 while maintaining limited access to a difficult corner site. Community Development staff agree with this assessment. PARKING AND LOADING REGULATIONS The applicant is proposing a loading area to be setback eleven feet (11’) from the south property line that abuts a neighborhood residential district where the Land Development Code (LDC) requires fifty feet (50’) separation per Code Sec.306-30(A). This provision of the LDC is intended to ensure that commercial uses have the necessary buffering from adjacent uses. The information for each Design Variation provided below by the applicant addresses the criteria identified in Section 301-50(D) of the LDC: 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 Applicant Response: Due to the depth of the site and the proximity to the neighborhood residential district, the applicant is requesting a reasonable accommodation of design flexibility to accommodate the loading space and its proximity to the abutting residential zoning district to meet the standards from the LDC for loading spaces. The Community Development Staff considers the proposed location for the loading space meets the requirements from the Code for the use proposed and results in a superior development because the proposed location for the loading area is screened from street view from Stirling Road and is in the interior of the lot. Therefore, it will not be visible from Phippen Waiters Road either. 1. 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. Applicant Response: The variation is appropriate to accommodate site conditions not anticipated. The loading space is proposed in the most narrowed area of the lot to be far enough from the street view and still meets the LDC regulations. Therefore, the design variation reconciles conflicting requirements for distance separation from abutting neighborhood residential zoning district. The Community Development staff agrees with this assessment. SCREENING REQUIREMENTS The applicant is proposing the installation of enhanced landscaping to shield vehicular use areas where the Land Development Code (LDC) requires a street wall for screening purposes per Code Sec. 307-30(G). This provision of the LDC is intended to enhance screening and shielding uses from street view to promote active sidewalks and better appearance. The information for each Design Variation provided below by the applicant addresses the criteria identified in Section 301-50(D) of the LDC: 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 Applicant Response: The applicant is proposing an enhanced landscape shielding method for vehicular areas facing Phippen Waiters Road in lieu of the street wall due to the lack of space to build a minimum three feet (3') tall wall requires three feet (3’) foundation and must be at least five feet (5') or more from the vehicular use area (VUA). Given the need to accommodate a tree on the terminal island, there won't be enough space to construct the wall within the property line while maintaining the required distance from the VUA and providing a street landscape. This reasonable accommodation of design flexibility will promote visibility for ingress and egress purposes from the lot. Community Development Staff considers the proposed landscape to shield the vehicular areas will meet the screening requirements from the Code and provide enough visibility for pedestrian and vehicle access to and from the property. 1. 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. Applicant Response: The variation is appropriate to accommodate site conditions not anticipated. Because the road is built to the property line, and the sidewalk is in private property, there is not enough room to build the wall and provide a landscape. The proposed landscape screening seeks to minimize the visibility of the VUA from pedestrian activity along the sidewalk along Phippen Waiters Rd. Specifically, the proposed hedge along the southeastern boundary of the VUA will work to obstruct the view from the adjacent sidewalk and protect the space from public access. Community Development staff agree with this assessment. Site Plan: The proposed development would consist of a 10,000-square-foot hardware store for a warehouse and ancillary retail/showroom as a conditional use not to exceed twenty percent (20%) of the building footprint. The project will have a loading area and a total of twelve (12) parking spaces calculated for each use respectively. Stormwater Management: The City’s Code of Ordinance requires a Storm Water Management Plan to be submitted and approved prior to issuance of a building permit. A stormwater management plan is mandatory for all projects that change the surface to be impervious or alter pervious areas, regardless of City Commission approval. Post-development runoff must not exceed predevelopment runoff rates for a 25-year storm event. The City's current drainage level of service is to retain the first inch of rainfall on-site and maintain predevelopment runoff rates for a 25-year storm event. The city enforces a "General Requirements" stormwater management plan, including an "interim design standard" specifying groundwater and surface water levels before a design event. Please refer to Resolution No. 2023-039 and Ordinance No. 2023-007. Based on the applicant’s preliminary drainage report and plans, it does indicate that the project will be designed to meet the city’s stormwater requirements. The Site Plan identifies twenty-nine percent (29%) of land as pervious area where the Land Development Code permits fifteen percent (15%) as pervious per Code Sec.303-50(I). TRAFFIC STUDY: The traffic study submitted by the applicant, dated as updated on August 25, 2022. The City Engineer accepted the findings in the report. COMMUNITY OUTREACH On March 8, 2023, the developer the applicant sent notices to properties within 1,000 feet of the subject property notifying them, the proposed development. A summary of the outreach meeting is included in the backup materials. No objections to the project have been received by the city. IMPACT FEES Public Art: The City’s Public Art Program specifies a fee to be paid into the Public Art fund by new development projects over $1 million in construction value. Based on the construction value, the applicant must contribute to the City’s Public Art fund. Alternatively, they may choose to install public art on-site equal to half of the required contribution and provide payment into the City’s Public Art fund. RAC Traffic: The September 21, 2022, Transportation Mitigation Impact Fee Calculations prepared by Kimley Horn and submitted with this application identify 22 PM peak hour trips, whereas the existing was identified with 27PM peak hour trips. Therefore, the proposed use is less intense than the existing one. There are no RAC Traffic Impact Fees for this development. DEVELOPMENT REVIEW COMMITTEE (DRC) The site plan was reviewed by the DRC on August 25, 2022, October 27, 2022, August 24, 2023, and September 2023; the committee includes personnel from the BSO Fire, Public Services, the City’s landscape consultant, and Community Development Department’s Planning Division. The applicant has several outstanding staff comments that must be addressed prior to issuance of a building permit, or otherwise specified time frame, which are provided below. The DRC comments are listed as conditions of approval in the site plan resolution and are provided below. 1. The developer is required to participate in the City’s Public Art program by payment into the City’s Public Art fund or through payment and installation of public art. The amount of the Public Art Fund contribution is dependent on the value of the construction which will be established at the time of building permit submittal (Planning). 2. For all projects resulting in the buildout of the site, such that construction staging cannot occur on-site, must obtain Staging Plan approval by the Community Development Director prior to issuance of a building permit. The Staging Plan must include but is not limited to, the location of equipment and material during construction. (Planning & Zoning) 3. For all projects resulting in the buildout of the site, such that construction staging cannot occur on-site, the applicant must obtain Maintenance of Traffic Plan approval by the City Engineer for a period of construction prior to issuance of a building permit. Planning & Zoning) 4. Per O-2017-027 & O-2018-019. Commercial properties under construction are required to provide security to fencing with screening showing project rendering covering at least 75% of the length of the fence along an arterial or state right-of-way & 25% for local roads and must include the name and intended use of the project, project rendering, project website address, and owner or agent, the telephone number for the owner or agent, and the name and an emergency contact telephone number of the general contractor. Provide screen details prior to issuance of master construction permit. The City Commission must approve the use of the City Logo. (Planning & Zoning) 5. The proximity to the airport will require FAA/BCAD review and approval. Contact William Castillo, Airport Planner with Broward County Aviation Department, located at 2200 SW 45 Street, Suite 101, Dania Beach, FL 33315, (954) 359-6100. (Planning & Zoning) 6. The site shall comply with the requirements set forth in the City Code Section 27-227 - Stormwater management plan requirements. (Engineering) 7. Due to the fact that the City of Dania Beach is approaching its sewer capacity with respect to the large user agreements, additional flows may generate the need to modify the agreement; thus, there may be additional fees for the City of Hollywood to process the request. The Developer is responsible for all fees to update the agreement if required. (Engineering) 8. If the pavers on Phippen Road are impacted due to construction, then the applicant shall reconstruct the pavers according to the city and county standards at the applicant’s expense. (Engineering) 9. Pavement restoration limits shall be confirmed at the time of the pre-construction meeting and shall be approved by Public Services prior to the closing of the Right-of-Way (ROW) permit. (Engineering) 10. The driveway on Stirling Road shall be approved by the Florida Department of Transportation (FDOT). (Engineering) 11. FDOT permits shall be provided during the time of the building and ROW permitting process (i.e. FDOT Driveway and Drainage permits, and all others that may apply). (Engineering) 12. Demolition Plan and Erosion Control Plan and details are required at the time of building permitting. (Engineering) 13. The applicant is responsible for constructing a new sidewalk adjacent to the property. (Engineering) 14. Additional comments may apply and will need to be addressed prior to Building Permit approval. (Engineering) 15. In accordance with City Code of Ordinances in Article 415. SIDEWALKS AND SWALES, the owner is responsible for the construction of sidewalks/swales within the ROW when buildings are constructed or substantially improved. (Engineering) 16. Provide Broward County (BC) standard details for pavement marking and signage. All traffic control signs shall conform to Broward County Traffic Engineering (BCTED) and the MUTCD standards. BCTED signs specifications consist of Type XI retroreflective sheeting materials except for school zone and pedestrian signs which shall be comprised of retroreflective fluorescent yellow-green sheeting certified type IV. (Engineering) 17. All pavement markings shall be alkyd-based thermoplastic and fully retro-reflectorized, per BCTED specifications with the exception of parking stall striping. (Engineering) 18. Provide Maintenance of Traffic (MOT) Plan by a licensed General Contractor/Professional Engineer in the State of Florida (if applicable). (Engineering) 19. Detailed and complete engineering plans shall be required at the time of the Building and ROW permit review. (Engineering) 20. Provide utility piping conflict details plan, along with documentation to demonstrate acceptability of the separation between water, sanitary, storm-water service lines, etc. (Engineering) 21. Show also all existing and proposed utilities on the landscaping plans for potential conflicts. (Engineering) 22. Provide ADA parking, access/driveway, and sidewalks /ramps including dimensions in accordance with Chapter 553 of the Florida Statutes. "Accessibility of Handicapped Persons" and the latest edition of "Accessibility Requirements Manual" by the Department of Community Affairs, Florida Board Building Codes and Standards, and 'in accordance with Americans with Disability Act (ADA). (Engineering) 23. Provide regulatory agencies' approval documentation and Permits/Licenses (as applicable) as part of the final submittal, prior to issuance of the Building Permit (South Florida Water Management District (SFWMD), Broward County Surface Water License, Broward County EPGMD Wastewater Permit / BC Water and Wastewater Approval, Florida Department of Environmental Protection, Florida Department of Transportation (FDOT), BC Environmental, BC Aviation, BCTED, etc.). Also, include Utility / Right of Way Permits from the City, Broward County, and State Roads as applicable. (Engineering) 24. Revisions to the proposed stop bar location at the egress access driveway to NW 3rd street should be completed prior to obtaining permit application (Engineering) Strategic Plan: This application supports the City’s Strategic Plan by furthering the following goals: Objectives • 3.1 Have a more attractive and beautiful community from our entrances, our corridors, our activity center, and our neighborhoods. Value to Our Neighbors and Our Community • 3.2 Protection and enhancement of property values. Short-Term Challenges and Opportunities • 3.2 Expanding business investment in Dania Beach. Budgetary Impact Approval of the Site Plan with Design Variations and Variances will enable this site to be redevelopment, expanding the City’s tax roll and collection of applicable impact fees as described in this staff report. Recommendation Approve the resolution for the Site Plan, Variances, and Design Variations, providing that the remaining DRC comments are made conditions of approval and must be addressed prior to the issuance of a building permit. RESOLUTION NO. 2023-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN (SP-65-22), DESIGN VARIATIONS (OT-066-22, OT-067-22, OT-061-23, OT-063-23, OT-064-23 AND OT-072-23) AND TWO VARIANCES (VA-058-23 AND VA-062-23), SUBMITTED BY THE OWNER, 501 STIRLING ROAD LLC, FOR PROPERTIES GENERALLY LOCATED AT 501 STIRLING ROAD, IN THE CITY OF 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 CONDITIONS; CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the Chapter 28, entitled “Land Development Code” (the “LDC”), of Part 6, entitled “Development Review Procedures and Requirements,” Article 635, entitled “Site Plans” of the City Code of Ordinances (the “City Code”) provides that site plan approval is required as a condition to the issuance of a building permit; and WHEREAS, 501 Stirling Road LLC (the “Applicant”), is requesting site plan approval for the proposed construction of a new ten thousand (10,000) square foot hardware store development (SP-65-22) as referenced in Exhibit “B,” for property legally described in Exhibit “A”, a copy of which is made a part of and incorporated into this Resolution by this reference; and WHEREAS, the Applicant has requested a Design Variation from the built-to-line requirement on the north boundary and northeast corner (OT-066-22); and WHEREAS, the Applicant has requested a Design Variation from the minimum depth of building in the first layer requirement (OT-067-22); and WHEREAS, the Applicant has requested a Design Variation to allow access along Stirling Road (OT-061-23); and WHEREAS, the Applicant has requested a Design Variation from building frontage glazing percentage on primary street (OT-063-23); and WHEREAS, the Applicant has requested a Design Variation from loading space separation from residential area (OT-064-23); and WHEREAS, the Applicant has requested a Design Variation from vehicular use shielding with a street wall (OT-072-23); and 2 RESOLUTION #2023-______ WHEREAS, Chapter 28, Part 6 of the LDC, Article 625, entitled “Variances,” Section 625-40 states that the City Commission may grant a variance based on its determination that the petitioner has demonstrated that the necessary criteria identified in the LDC have been satisfied; and WHEREAS, the Applicant has requested a Variance to provide two (2) trees within a seven (7) foot landscape planting area behind the existing four (4) foot public sidewalk, where Section 307-20 (B) of the LDC requires that trees be planted three (3) feet from the face of the curb within grated tree wells a minimum sixteen (16) square feet in area built into the sidewalk (VA-058-23); and WHEREAS, the Applicant has requested a Variance to provide a twelve (12) space, single-loaded parking aisle without a turnaround, where Section 265-110(C)(7) of the LDC requires a double-loaded dead-end aisle serves fewer than twenty-one (21) parking spaces and a turnaround area is provided that will accommodate a three-point turnaround, or where the number of parking spaces in the double-loaded dead-end aisle is ten (10) or fewer (VA-062-23); and WHEREAS, the City Commission conducted a duly noticed public hearing in accordance with Article 610 of the LDC; and WHEREAS, the City Commission finds that the approval of the proposed Site Plan (SP- 65-22), Design Variations (OT-066-22, OT-067-22, OT-061-23, OT-063-23, OT-064-23, and OT- 72-23) and two Variances (VA-058-23 and VA-062-23) are consistent with the City’s Land Development Code and Comprehensive Plan. 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 Code,” Part 6 “Development Review Procedures and Requirements,” Article 635 “Site Plans,” the following Site Plan (SP-65-22), attached as Exhibit “B,” a copy of which is made a part of and incorporated into this Resolution by this reference. Section 3.That pursuant to Chapter 28 “Land Development Code,” Subpart 1, Article 301, “Legal and Administrative Provisions,” Section 301-50, “Variations in design; procedure for 3 RESOLUTION #2023-______ review of design variations,” the following Design Variation Applications (Variations (OT-066- 22, OT-067-22, OT-061-23, OT-063-23, OT-064-23 and OT-72-23) are approved consistent with the Site Plan provided in Exhibit “B”. Section 4. That pursuant to Chapter 28, “Land Development Code”, Part 6 “Development review Procedures and Requirements,” Article 625 “Variances,” the Variance applications (VA-058-23 and VA-062-23) are approved consistent with the Site Plan provided in Exhibit “B”. Section 5. That the approvals granted by this Resolution are subject to the Applicant’s compliance with the following conditions: 1. The developer is required to participate in the City’s Public Art program by payment into the City’s Public Art fund or through payment and installation of public art. The amount of the Public Art Fund contribution is dependent on the value of the construction which will be established at time of building permit submittal (Planning). 2. For all projects resulting in buildout of the site, such that construction staging cannot occur on site, must obtain Staging Plan approval by the Community Development Director prior to issuance of a building permit. The Staging Plan must include, but is not limited to, the location of equipment and material during construction. (Planning & Zoning) 3. For all projects resulting in buildout of the site, such that construction staging cannot occur on site, the applicant must obtain Maintenance of Traffic Plan approval by the City Engineer for period of construction prior to issuance of a building permit. Planning & Zoning) 4. Per O-2017-027 & O-2018-019. Commercial properties under construction are required to provide security to fencing with screening showing project rendering covering at least 75% of the length of the fence along an arterial or state right-of-way & 25% for local roads and must include name and intended use of the project, project rendering, project website address, and owner or agent, the telephone number for the owner or agent, and the name and an emergency contact telephone number of the general contractor. Provide screen details prior to issuance of master construction permit. The City Commission must approve the use of the City Logo. (Planning & Zoning) 5. The proximity to the airport will require FAA/BCAD review and approval. Contact William Castillo, Airport Planner with Broward County Aviation Department, located at 2200 SW 45 Street, Suite 101, Dania Beach, FL 33315, (954) 359-6100. (Planning & Zoning) 6. The site shall comply with the requirements set forth in the City Code Section 27-227 - Stormwater management plan requirements. (Engineering) 7. Due to the fact that the City of Dania Beach is approaching their sewer capacity with respect to the large user agreements, additional flows may generate the need to modify the agreement; thus, there may be additional fees for the City of Hollywood to process the request. The Developer is responsible for all fees to update the agreement if required. (Engineering) 4 RESOLUTION #2023-______ 8. If the pavers on Phippen Road are impacted due to construction, then the applicant shall reconstruct the pavers according to the city and county standards at the applicant’s expense. (Engineering) 9. Pavement restoration limits shall be confirmed at the time of the pre-construction meeting and shall be approved by Public Services prior to the closing of the Right-of- Way (ROW) permit. (Engineering) 10. The driveway on Stirling Road shall be approved by Florida Department of Transportation (FDOT). (Engineering) 11. FDOT permits shall be provided during the time of the building and ROW permitting process (i.e. FDOT Driveway and Drainage permits, and all others that may apply). (Engineering) 12. Demolition Plan and Erosion Control Plan and details are required at the time of building permitting. (Engineering) 13. The applicant is responsible for constructing a new sidewalk adjacent to the property. (Engineering) 14. Additional comments may apply and will need to be addressed prior to Building Permit approval. (Engineering) 15. In accordance with City Code of Ordinances in Article 415. SIDEWALKS AND SWALES, the owner is responsible for the construction of sidewalks / swales within the ROW when buildings are constructed or substantially improved. (Engineering) 16. Provide Broward County (BC) standard details for pavement marking and signage. All traffic control signs shall conform to Broward County Traffic Engineering (BCTED) and the MUTCD standards. BCTED signs specifications consist of Type XI retroreflective sheeting materials except for school zone and pedestrian signs which shall be comprised of retroreflective fluorescent yellow-green sheeting certified type IV. (Engineering) 17. All pavement markings shall be alkyd-based thermoplastic and fully retro- reflectorized, per BCTED specifications with the exception of parking stall striping. (Engineering) 18. Provide Maintenance of Traffic (MOT) Plan by a licensed General Contractor/Professional Engineer in the State of Florida (if applicable). (Engineering) 19. Detailed and complete engineering plans shall be required at the time of the Building and ROW permit review. (Engineering) 20. Provide utility piping conflict details plan, along with documentation to demonstrate acceptability of the separation between water, sanitary, storm-water service lines, etc. (Engineering) 21. Show also all existing and proposed utilities on the landscaping plans for potential conflicts. (Engineering) 22. Provide ADA parking, access / driveway, and sidewalks /ramps including dimensions in accordance with Chapter 553 of the Florida Statutes. "Accessibility of Handicapped Persons" and latest edition of "Accessibility Requirements Manual" by Department of Community Affairs, Florida Board Building Codes and Standards, and 'in accordance with Americans with Disability Act (ADA). (Engineering) 5 RESOLUTION #2023-______ 23. Provide regulatory agencies' approval documentation and Permits/Licenses (as applicable) as part of the final submittal, prior to issuance of the Building Permit (South Florida Water Management District (SFWMD), Broward County Surface Water License, Broward County EPGMD Wastewater Permit / BC Water and Wastewater Approval, Florida Department of Environmental Protection, Florida Department of Transportation (FDOT), BC Environmental, BC Aviation, BCTED etc.). Also, include Utility / Right of Way Permits from City, Broward County, and State Roads as applicable. (Engineering) Section 6.That pursuant to Section 635-100 “Expiration of Site Plans” of the Land Development Code, the Site Plan (SP-65-22), Design Variation Applications (OT-066-22, OT-067- 22, OT-061-23, OT-063-23, OT-064-23 and OT-72-23), and Variances (VA-058-23 and VA-062- 23) approval shall automatically expire and become null and void unless the Applicant files a complete building permit application with construction drawings for the improvements shown on the Site Plan, within eighteen (18) months from the date of this Resolution. Section 7.That the issuance of a development permit by a municipality does not in any way create any right on the part of an Applicant to obtain a permit from a state or federal agency, and does not create any liability on the part of the municipality for issuance of the permit if the Applicant fails to obtain requisite approvals or does not fulfill the obligations imposed by a state or federal agency, or undertakes actions that result in a violation of state or federal law. Section 8.That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 9.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 ______ SIGNATURES ON FOLLOWING PAGE 6 RESOLUTION #2023-______ ATTEST: ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 7 RESOLUTION #2023-______ EXHIBIT A LEGAL DESCRIPTION THE EAST 60.00 FEET OF THE WEST 120.00 FEET OF THE NORTH 160.00 FEET OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA. LESS THE FOLLOWING: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID EAST 60.00 FEET, AND A LINE THAT LIES 35.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 3; THENCE NORTH 87º52’07” EAST ON AN ASSUMED BEARING ALONG THE SAID PARALLEL LINE A DISTANCE OF 60.00 FEET; THENCE SOUTH 01º16’14” EAST, ALONG THE EAST LINE OF THE SAID EAST 60.00 FEET, A DISTANCE OF 18.97 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 7689.44 FEET, A RADIAL TO SAID POINT BEARS SOUTH 01º11’32” EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00º26’49” AN ARC DISTANCE OF 60.00 FEET TO THE SAID WEST LINE OF THE SAID EAST 60.00 FEET; THENCE NORTH 01º16’14” WEST ALONG THE SAID WEST LINE A DISTANCE OF 17.76 FEET TO THE POINT OF BEGINNING. PARCEL 2: THE EAST 40.00 FEET OF THE WEST 160.00 FEET OF THE NORTH 160.00 FEET OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA LESS THE FOLLOWING: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE SAID EAST 40.00 FEET, AND A LINE THAT LIES 35.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 3, THENCE NORTH 87º52’07” EAST ON AN ASSUMED BEARING ALONG THE SAID PARALLEL LINE A DISTANCE OF 40.00 FEET TO THE EAST LINE OF THE SAID EAST 40.00 FEET; THENCE SOUTH 01º16’14” EAST ALONG THE SAID EAST LINE A DISTANCE OF 19.53 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 7689.44 FEET, A RADIAL TO SAID POINT BEARS SOUTH 01º29’25” EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00º17’53” AN ARC DISTANCE OF 40.00 FEET TO THE SAID WEST LINE OF THE SAID EAST 40.00 FEET; THENCE NORTH 01º16’14” WEST ALONG SAID WEST LINE A DISTANCE OF 18.97 FEET TO THE POINT OF BEGINNING. 8 RESOLUTION #2023-______ PARCEL 3: THE NORTH 185.00 FEET OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA LESS THE WEST 160.00 FEET; LESS THE NORTH 35.00 FEET AND LESS THE EAST 30.00 FEET THEREOF; SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A POINT 35.00 FEET SOUTH OF THE NORTH LINE OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 3, AND 30.00 FEET WEST OF THE EAST LINE OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 3; THENCE RUN SOUTH 00º53’00” WEST PARALLEL TO THE EAST LINE OF THE NORTHWEST ¼ IF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 3 FOR 150.00 FEET TO A POINT; THENCE RUN WEST PARALLEL TO THE NORTH LINE OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 3 FOR 147.18 FEET TO A POINT; THENCE RUN NORTH 00º49’34” EAST PARALLEL TO THE WEST LINE OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 3 FOR 150.00 FEET TO POINT; THENCE RUN EAST PARALLEL TO THE NORTH LINE OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 3 FOR 147.33 FEET TO THE POINT OF BEGINNING. LESS AND EXPECT PROPERTY CONVEYED TO BROWARD COUNTY BY WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 9270, PAGES 339 AND 343, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. GENERAL NOTES - ALL EXISTING CONDITIONS TO BE VERIFIED IN FIELD PRIOR TO BEGINNING WORK. NOTIFY ARCHITECT W/ ANY DISCREPANCIES. - ALL EXTERIOR DIMENSIONS ARE TAKEN FROM FACE OF STRUCTURAL WALLS OR CENTER OF COLUMNS, U.N.O. - ALL INTERIOR DIMENSIONS ARE TAKEN FROM INSIDE FACE OF EXTERIOR STRUCTURAL WALLS TO FACE OF FRAMING, U.N.O. PROJECT NOTES WE-01 SW-7551 GREEK VILLA WE-05 SPEAK EASY PORCELAIN STONE- SWEET GEORGIA BROWN WE-03 SW-7048 URBAN BRONZE WE-02 SW-7072 ONLINE WE-04 SW-6911 CONFIDENT YELLOW To avoid misinterpretation, this page should not be used without the complete document set. To the best of the architect's knowledge, said plans and specifications comply with the applicable building codes and the applicable minimum fire safety standards as determined in accordance with FBC 2020, Florida Statutes, as amended. This drawing is the property of The Schimberg Group and shall not be used or reproduced without written consent. Barron Schimberg FL#: AR92705 PLAN NORTH Project No. Drawn Ckd Sheet No. BSS Project Name: Purpose of ISSUE DateDate ACC SUBMISSION 01.05.22 DESIGN DEVELOPMENT DOCUMENTS 02.15.22 ACC SUBMISSION 02.08.22 SITE PLAN APPROVAL 08.04.22 SITE PLAN APPROVAL 10.06.22 DEMOLITION PERMIT 07.20.23 SITE PLAN APPROVAL 09.18.23 501 STIRLING ROAD, DANIA BEACH, FL 33004 A-901 c2106 BJ 3D IMAGES COMMERCIAL NEW BUILDING NOT TO SCALE VIEW FROM SOUTHWEST 03 NOT TO SCALE VIEW FROM NORTHEAST 01 MATERIAL SELECTION NOT TO SCALE VIEW FROM NORTHWEST 09SCALE: 1/32" = 1'-0" VIEW FROM SOUTHEAST 11 Rev.# Description of ISSUE Date IM E C A D A N I A B E A C H PR E P A R E D F O R CO C C H I O L A , L L C CO V E R S H E E T C0.00 © VICINITY MAP SECTION: 16 TOWNSHIP: 51S RANGE: 42E NORTH PROJECT TEAM DEVELOPER CIVIL ENGINEER SURVEYOR SITE DEVELOPMENT PLANS FOR IMECA DANIA BEACH PREPARED FOR COCCHIOLA, LLC PROJECT LOCATION BROWARD COUNTY PROJECT LOCATION 501 STIRLING ROAD DANIA BEACH, FL 33004 ARCHITECT LANDSCAPE ARCHITECT SEPTEMBER 2023 IM E C A D A N I A B E A C H PR E P A R E D F O R CO C C H I O L A , L L C GE N E R A L N O T E S C0.01 © “ ” ′ “” ″ ” ” “” ” √ “” LOADING AREA wm D CO PROPOSED BUILDING STOP PARKING BY DISABLED PERMIT ONLY $ 250 FINE F.S. 318.18 DO NOT ENTER IM E C A D A N I A B E A C H PR E P A R E D F O R CO C C H I O L A , L L C SI T E P L A N C1.00 © NORTH ” ” ” ” ” ” ” ” ” ” ” ” wm D CO IM E C A D A N I A B E A C H PR E P A R E D F O R CO C C H I O L A , L L C DE M O L I T I O N A N D ER O S I O N C O N T R O L PL A N C2.00 © NORTH IM E C A D A N I A B E A C H PR E P A R E D F O R CO C C H I O L A , L L C ER O S I O N C O N T R O L DE T A I L S C2.10 © COPY OF NOI COPY OF GENERAL CONTRACTOR NOI, TRANSFER FORM OR CO-PERMITEE FORM COPY OF CONSTRUCTION SITE NOTICE COPY OF GENERAL CONTRACTOR PERMIT AUTHORIZATION COPY OF STATE SUPPLIED CONSTRUCTION SITE NOTICE COPY OF PERMIT AUTHORIZATION DETAILED DESCRIPTION OF THE LOCATION OF THE SWPPP DOCUMENTATION (BINDER AND SITE MAPS) ON THE SITE. B B A A KHA KHA KHA KHA wm D CO LOADING AREA PROPOSED ONE STORY BUILDING C C DD A A B B 2.0% MAX 2.0% MAX IM E C A D A N I A B E A C H PR E P A R E D F O R CO C C H I O L A , L L C EN G I N E E R I N G P L A N C3.00 © NORTH 282.55 GPD 241 LBS SECTION A-A (N.T.S) SECTION B-B (N.T.S) SECTION C-C (N.T.S) SECTION D-D (N.T.S) wm D CO LOADING AREA PROPOSED ONE STORY BUILDING IM E C A D A N I A B E A C H PR E P A R E D F O R CO C C H I O L A , L L C MA N E U V E R A B I L I T Y PL A N C3.01 © NORTH IM E C A D A N I A B E A C H PR E P A R E D F O R CO C C H I O L A , L L C EN G I N E E R I N G DE T A I L S C3.10 © K-HWEIR DETAIL YARD DRAIN DETAIL K-H POLLUTION RETARDANT BAFFLE (PRB) K-H DANIA CATCH BASIN APRON DETAIL TYPE "P" - MANHOLE & INLET STRUCTURE BOTTOM K-HK-H K-H TYPICAL PUBLIC WORKS EXFILTRATION TRENCH 2 DETAIL K-H IM E C A D A N I A B E A C H PR E P A R E D F O R CO C C H I O L A , L L C EN G I N E E R I N G DE T A I L S C3.11 © PAVEMENT MATCHING DETAIL LIGHT DUTY ASPHALTIC CONCRETE PAVEMENT SECTION TYPE "D" CURB STANDARD CURB END VALLEY GUTTER DETAIL K-H K-H CURB CUT TRANSITION K-H K-H K-H K-H CONTRACTION JOINT CONCRETE SIDEWALK DETAIL NOTES: EXPANSION JOINT K-H K-H NOTES: PARKING BY DISABLED PERMIT ONLY $ 250 FINE F.S. 318.18 METAL POST - SECTION A-A K-HADA STRIPING AND SIGNAGE TYPE "P" - MANHOLE TOP SLAB K-H K-H IM E C A D A N I A B E A C H PR E P A R E D F O R CO C C H I O L A , L L C EN G I N E E R I N G DE T A I L S C3.12 © IM E C A D A N I A B E A C H PR E P A R E D F O R CO C C H I O L A , L L C EN G I N E E R I N G DE T A I L S C3.13 © C-6.04 IM E C A D A N I A B E A C H PR E P A R E D F O R CO C C H I O L A , L L C EN G I N E E R I N G DE T A I L S C3.14 © IM E C A D A N I A B E A C H PR E P A R E D F O R CO C C H I O L A , L L C EN G I N E E R I N G DE T A I L S C3.15 © LOADING AREA wm D CO IM E C A D A N I A B E A C H PR E P A R E D F O R CO C C H I O L A , L L C TR E E D I S P O S I T I O N PL A N L1.00 © NORTH wm CO LOADINGLOADINGLOADINGLOADINGLOADINGLOADINGLOADINGLOADINGLOADINGLOADINGLOADINGLOADINGLOADINGLOADINGLOADINGLOADINGLOADINGLOADINGLOADINGLOADINGLOADINGLOADINGLOADINGLOADINGLOADINGLOADINGLOADINGLOADING wm CO IM E C A D A N I A B E A C H PR E P A R E D F O R CO C C H I O L A , L L C LA N D S C A P E P L A N L2.00 © NORTH ’ IM E C A D A N I A B E A C H PR E P A R E D F O R CO C C H I O L A , L L C LA N D S C A P E D E T A I L S L2.10 © ∅ · · · IM E C A D A N I A B E A C H PR E P A R E D F O R CO C C H I O L A , L L C LA N D S C A P E N O T E S L2.11 © wm D CO MBF C BF C M IM E C A D A N I A B E A C H PR E P A R E D F O R CO C C H I O L A , L L C IR R I G A T I O N P L A N L3.00 © NORTH IM E C A D A N I A B E A C H PR E P A R E D F O R CO C C H I O L A , L L C IR R I G A T I O N D E T A I L S L3.10 © ELECTRIC REMOTE CONTROL VALVE3 WIRE BUNDLE JUNCTION BOX5 POP-UP SPRAY FLEX ASSEMBLY 2 TRENCHING DETAIL BUBBLER ON FLEX HOSE RISER THRUST BLOCKING PLAN VIEW SECTION VIEW 1 BRASS BALL ISOLATION VALVE4 7 WALL MOUNT CONTROLLER8 RAIN SENSOR9 IRRIGATION SLEEVING10 6 IM E C A D A N I A B E A C H PR E P A R E D F O R CO C C H I O L A , L L C IR R I G A T I O N N O T E S L3.11 © IM E C A D A N I A B E A C H PR E P A R E D F O R CO C C H I O L A , L L C IR R I G A T I O N N O T E S L3.12 © kimley-horn.com 1615 South Congress Avenue, Suite 201, Delray Beach, FL 33445 561 484 5257 March 8th, 2023 Dear Property Owner or Resident: The purpose of this correspondence is to inform you that the property located at 501 Stirling Road is proposed to be redeveloped as a retail hardware store. The location of the property is shown in the aerial photo below. The application is proposing to construct an IMECA Lumber & Hardware Store totaling 10,000 SF with access to the site from Stirling Road and Phippen Waiters Road. Landscape Buffers and setbacks along the adjacent lots have been designed and proposed in accordance with the City of Dania Beach’s Land Development Code. Please reach out to Liam Sargent, liam.sargent@kimley-horn.com or 561-484-5257, with any questions, concerns, or general input. The site plan and associated documents can be made available upon request. Sincerely, Liam Sargent Land Planner folio name add 514203000410 OATMAN,CELESTE LATYCE 710 SW 2 TER 514203000411 501 STIRLING ROAD LLC 8400 NW 58 ST 514203000412 ALL STAR AUTO BODY INC 735 STIRLING ROAD 514203000413 501 STIRLING ROAD LLC 8400 NW 58 ST 514203000414 501 STIRLING ROAD LLC 8400 NW 58 ST 514203000415 RAMIREZ,WILMARY H/EBATISTA,EDID 700 SW 2 TER 514203000416 COLE,CATHYLEEN 1420 S 22 AVE 514203000417 JACKSON,DELLA &JONES,SHIRLEY 220 PHIPPEN RD 514203000920 BROWARD COUNTYBOARD OF COUNTY COMMISSIONERS 115 S ANDREWS AVE RM 501-RP 514203000940 BROWARD COUNTYBOARD OF COUNTY COMMISSIONERS 115 S ANDREWS AVE RM 501-RP 514203490011 CITY OF DANIA BEACH 100 W DANIA BEACH BLVD 514203490110 ELIZEE,CARMELITA H/EPLACIDE,NICOLE 721 SW 2 ST 514203490280 MOULTRY,A L & BENNIE M 220 SW 11 AVE 514203490290 VALDEZ,RAYNEL J 216 SW 11 AVE 514203490300 JONES,CAROL M 8861 SW 9 CT 514203490310 DEAN,SHIRLEY EST 208 SW 11 AVE 514203490320 BYRD,EUGENIA G 717 SW 2 TER 514203490330 DIOQUINO,HAROLD 712 SW 2 TER 514203490340 CLARK,DONNA A 709 SW 2 TERR 514203490350 BRUNO,SALLYANN 705 SW 2 TER 514203490360 MENDEZ,DANIELVELASCO,MAYRA 701 SW 2 TER 514203490370 PUBLIC LAND% CITY OF DANIA BEACH 100 W DANIA BEACH BLVD city state zip zip 4 DANIA BEACH FL 33004 3548 DORAL FL 33166 DANIA BEACH FL 33004 DORAL FL 33166 DORAL FL 33166 DANIA BEACH FL 33004 HOLLYWOOD FL 33020 DANIA BEACH FL 33004 FORT LAUDERDALE FL 33301 1801 FORT LAUDERDALE FL 33301 1801 DANIA BEACH FL 33004 3643 DANIA BEACH FL 33004 DANIA BEACH FL 33004 3515 DANIA BEACH FL 33004 HOLLYWOOD FL 33025 1460 DANIA BEACH FL 33004 3515 DANIA BEACH FL 33004 3531 DANIA BEACH FL 33004 DANIA BEACH FL 33004 DANIA BEACH FL 33004 DANIA BEACH FL 33004 DANIA BEACH FL 33004 3643 legal 3-51-42NW1/4 OF NE1/4 OF NW1/4 OF NW1/4LESS W 60 & LESS E 100 OF W 160OF N 160 & LESS E 157 M/L EXCEPTN 185 & LESS PT DESC INOR 2169/303 & LESS RDSAKA LOTS 2 & 3 3-51-42E 60 OF W 120 OF N 160 OF NW1/4OF NE1/4 OF NW1/4 OF NW1/4,LESSBEG AT NE COR OF SAID E 60,SLY 53.97,WLY 60,NLY 52.76,ELY 60 TO POB 3-51-42W 60 OF N 235 OF NW1/4 OF NE1/4OF NW1/4 OF NW1/4 LESS BEG ATINTERSEC OF W/L OF SAID W 60 & ALINE 35 S OF & PARA WITH N/L OFSEC 3,ELY 60,SLY 17.76 TO P/C,WLY ARC DIST OF 60,NLY 16.07 TOPOB 3-51-42E 40 OF W 160 OF N 160 OF NW1/4OF NE1/4 OF NW1/4 OF NW1/4,LESSTHEREFROM PT DESC AS,BEG AT NECOR OF SAID PAR,SLY 54.53,WLYARC DIST OF 40,NLY 53.97,ELY40 TO POB 3-51-42N 185 OF NW1/4 OF NE1/4 OF NW1/4OF NW1/4 LESS W 160 & LESS N 35& E 30 & LESS PTS DESC INOR 9270/339 & 343 FOR R/WS 3-51-42W 127 OF E 157 M/L OF NW1/4OF NE1/4 OF NW1/4 OF NW1/4LESS N 245 THEREOF & LESS PTDESC AS,BEG AT INTERSEC OF LINE245 S OF N/L SEC 3 WITH W R/W/LOF PHIPPENS RD,S 15.33,W 10,NLY 15.33,E 10 TO POBAKA:LOTS 4 & 5,LESS RD 3-51-42W 60 OF NW1/4 OF NE1/4 OFNW1/4 OF NW1/4 LESS N 235THEREOF AKA LOT 1 3-51-42S 60 OF N 245 OF W 117 OFE 157 M/L OF NW1/4 OF NE1/4OF NW1/4 OF NW1/4 AKA LOT 6 3-51-42POR OF NW1/4 OF NE1/4 OF NW1/4OF NW1/4 OF SEC 3 DESC AS: BEGAT PT 35' S OF N/L OF SEC AND 30W OF E/L OF NW1/4 OF NE1/4 OF NW1/4 OF NW 1/4, S 50.48, NWLY47.59, SW 30.71, WLY 86.03, N19.53, NE 147.24 TO POB TOG WITHCOMM AT SAID COMM PT, S 109.53TO POB, S 40.47, SW 10, N 4.62, 3-51-42BEG AT INTERSEC OF LN 245' S OFN/L SEC 3 AND 30' W OF E/L OF NW1/4 OF NE1/4 OF NW1/4 OF NW1/4,S 15.33, SW 10,N 15.33, NE 10 TOPOB TOG WITH W 10 OF E 40 OF S60 OF N 245 OF SAID NW1/4 OF NE1/4 OF NW1/4 OF NW 1/4 OF SEC 3 COLLEGE HOMESITES 55-17 BS 10' OF LOTS 1 THRU 11,BLK 1 COLLEGE HOMESITES 55-17 BLOT 11 LESS W 8,LESS N 15 FORRD & LESS S 10 BLK 1 COLLEGE HOMESITES 55-17 BLOT 17 BLK 2 & 1/20 INT IN LAKE COLLEGE HOMESITES 55-17 BLOT 18 BLK 2 & 1/20 INT IN LAKE COLLEGE HOMESITES 55-17 BLOT 19 BLK 2 & 1/20 INT IN LAKE COLLEGE HOMESITES 55-17 BLOT 20 BLK 2 & 1/20 INT IN LAKE COLLEGE HOMESITES 55-17 BLOT 1 BLK 3 COLLEGE HOMESITES 55-17 BLOT 2 BLK 3 COLLEGE HOMESITES 55-17 BLOT 3 BLK 3 COLLEGE HOMESITES 55-17 BLOT 4 BLK 3 COLLEGE HOMESITES 55-17 BLOT 5 BLK 3 COLLEGE HOMESITES 55-17 BALL STREETS,AVENUES AND OTHERTHOROUGHFARES ARE DEDICATED TOTHE PUBLIC PER PLAT City of Dania Beach Community Development Memorandum DATE: 11/14/2023 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 Claudia Viviana Batista, Planning & Zoning Manager SUBJECT: PL-21-23: The applicant and owner, 501 Stirling Road LLC, requests approval of a plat for the property located at 501 Stirling Road. Request: PLAT To plat the property and restrict its development to a 10,000 square foot commercial use building. Background: The subject property is a 0.675-acre site and is composed of three parcels located south of Stirling Road and west of Phippen Waiters Road. The property used to be a convenience store and vacant lot. The site is surrounded by mostly commercial to the north and west, residential single-family to the south, and vacant land to the east. The property is also in the process of receiving approval for site plan development for the construction of a 10,000-square-foot commercial building with parking, which will be processed separately. The platting consists of two proposed entrances and one utility easement. One of the entrances is proposed on the north boundary as a one-way of fifteen (15’) foot vehicular access opening on Stirling Road and a two-way vehicular access opening of twenty (25’) feet on Phippen Waiters Road. There is a ten (10’) foot FPL easement on the north boundary facing Stirling Road. COMMUNITY OUTREACH On March 8, 2023, the applicant sent notices to properties within 1,000 feet of the subject property notifying the proposed development. No objections to the project have been received by the city. DEVELOPMENT REVIEW COMMITTEE (DRC) The plat was reviewed by staff at the DRC on December 25, 2022, on August 24, 2023, September 28, 2023, and again on October 12, 2023, which includes personnel from the BSO Fire, Public Services, the City’s landscape consultant and Community Development Department’s Planning Division. The DRC comments are listed as conditions of approval in the plat resolution and provided below. 1. Provide Broward County plat approval. (Engineering) Strategic Plan: This application supports the City’s Strategic Plan by furthering the following goals: Objectives • 3.1 Have a more attractive and beautiful community from our entrances, our corridors, our activity center, and our neighborhoods. Value to Our Neighbors and Our Community • 3.2 Protection and enhancement of property values. Short-Term Challenges and Opportunities • 3.2 Expanding business investment in Dania Beach. Budgetary Impact Approval of the Plat will enable this site to be developed, expanding the City tax roll. The project will also pay impact fees for Public Art and RAC Traffic Impact Mitigation. Recommendation Approve the resolution for the Plat providing that the remaining DRC comments are made conditions of approval and must be addressed prior to the issuance of a building permit. RESOLUTION NO. 2023-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE “IMECA DANIA BEACH” PLAT (PL- 21-23), SUBMITTED BY THE OWNER, 501 STIRLING ROAD LLC, FOR PROPERTIES GENERALLY LOCATED AT 501 STIRLING ROAD, IN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT “A”, A COPY OF WHICH IS ATTACHED AND INCORPORATED BY REFERENCE INTO THIS RESOLUTION; PROVIDING FOR CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 28 of the Code of Ordinances of the City of Dania Beach (the “Code”), which chapter contains the City’s Land Development Code (the “LDC”), at Part 6, entitled “Development Review Procedures and Requirements”, at Article 640 entitled “Plats”, it is a requirement for lots after June 4, 1953, that no principal building may be constructed on any lot unless a plat including the lot has been approved by both the City Commission and County Commission, and recorded in the official records of Broward County; and WHEREAS, 501 Stirling Road LLC (the “Applicant”), is requesting plat approval (PL- 21-23) for property located at 501 Stirling Road, in the City of Dania Beach, as legally described in Exhibit “A”, a copy of which is made a part of and incorporated into this Resolution by this reference; and WHEREAS, the Applicant is requesting approval of the proposed “Imeca Dania Beach Plat” (PL-21-23) to permit the future development of the subject property pursuant to and consistent with the attached plat as identified in Exhibit “B”, which is made a part of and incorporated into this Resolution by this reference; and WHEREAS, the “Imeca Dania Beach Plat” (PL-21-23), is restricted to 10,000 commercial use building; and WHEREAS, the City’s Development Review Committee (the “DRC”), which includes representatives from the Broward Sheriff’s Office, Broward Fire Department, Public Services Department, the City’s landscape consultant and the Planning Division staff, reviewed the plat for compliance with all applicable regulations; and WHEREAS, staff recommends approval of the plat for the proposed development; and WHEREAS, the City Commission conducted a duly noticed public hearing in accordance with Article 610 of the LDC; and 2 RESOLUTION #2023-______ WHEREAS, the City Commission finds that the approval of the proposed “Imeca Dania Beach Plat” (PL-21-23) is consistent with the City’s Land Development Code and Comprehensive Plan. 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 Code,” Part 6 “Development Review Procedures and Requirements,” Article 640 “Plats”, the following Plat (PL- 21-23), attached as Exhibit “B,” is approved with the following condition: 1. Broward County approval is required. (Engineering) Section 3.That pursuant to Chapter 28, Part 6 of the LDC, Article 640, Section 640- 80 entitled “Plat Expiration”, the Plat approval shall automatically expire and become null and void in accordance with the timeline set forth in the Broward County Land Development Code. Section 4. That the issuance of a development permit by a municipality does not in any way create any right on the part of an Applicant to obtain a permit from a state or federal agency, and does not create any liability on the part of the municipality for issuance of the permit if the Applicant fails to obtain requisite approvals or does not fulfill the obligations imposed by a state or federal agency, or undertakes actions that result in a violation of state or federal law. Section 5.That 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 October 24, 2023. Motion by __________________________, second by ___________________________. THIS SPACE INTENTIONALLY LEFT BLANK 3 RESOLUTION #2023-______ FINAL VOTE ON ADOPTION: Commissioner Joyce Davis ______ Commissioner Tamara James ______ Commissioner Marco Salvino ______ Vice Mayor Lori Lewellen ______ Mayor Archibald J. Ryan IV ______ ATTEST: ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 4 RESOLUTION #2023-______ EXHIBIT A LEGAL DESCRIPTION THE EAST 60.00 FEET OF THE WEST 120.00 FEET OF THE NORTH 160.00 FEET OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA. LESS THE FOLLOWING: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID EAST 60.00 FEET, AND A LINE THAT LIES 35.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 3; THENCE NORTH 87º52’07” EAST ON AN ASSUMED BEARING ALONG THE SAID PARALLEL LINE A DISTANCE OF 60.00 FEET; THENCE SOUTH 01º16’14” EAST, ALONG THE EAST LINE OF THE SAID EAST 60.00 FEET, A DISTANCE OF 18.97 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 7689.44 FEET, A RADIAL TO SAID POINT BEARS SOUTH 01º11’32” EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00º26’49” AN ARC DISTANCE OF 60.00 FEET TO THE SAID WEST LINE OF THE SAID EAST 60.00 FEET; THENCE NORTH 01º16’14” WEST ALONG THE SAID WEST LINE A DISTANCE OF 17.76 FEET TO THE POINT OF BEGINNING. PARCEL 2: THE EAST 40.00 FEET OF THE WEST 160.00 FEET OF THE NORTH 160.00 FEET OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA. LESS THE FOLLOWING: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE SAID EAST 40.00 FEET, AND A LINE THAT LIES 35.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 3, THENCE NORTH 87º52’07” EAST ON AN ASSUMED BEARING ALONG THE SAID PARALLEL LINE A DISTANCE OF 40.00 FEET TO THE EAST LINE OF THE SAID EAST 40.00 FEET; THENCE SOUTH 01º16’14” EAST ALONG THE SAID EAST LINE A DISTANCE OF 19.53 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 7689.44 FEET, A RADIAL TO SAID POINT BEARS SOUTH 01º29’25” EAST; THENCE WESTERLY ALONG SAID 5 RESOLUTION #2023-______ CURVE THROUGH A CENTRAL ANGLE OF 00º17’53” AN ARC DISTANCE OF 40.00 FEET TO THE SAID WEST LINE OF THE SAID EAST 40.00 FEET; THENCE NORTH 01º16’14” WEST ALONG SAID WEST LINE A DISTANCE OF 18.97 FEET TO THE POINT OF BEGINNING. PARCEL 3: THE NORTH 185.00 FEET OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA LESS THE WEST 160.00 FEET; LESS THE NORTH 35.00 FEET AND LESS THE EAST 30.00 FEET THEREOF; SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A POINT 35.00 FEET SOUTH OF THE NORTH LINE OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 3, AND 30.00 FEET WEST OF THE EAST LINE OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 3; THENCE RUN SOUTH 00º53’00” WEST PARALLEL TO THE EAST LINE OF THE NORTHWEST ¼ IF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 3 FOR 150.00 FEET TO A POINT; THENCE RUN WEST PARALLEL TO THE NORTH LINE OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 3 FOR 147.18 FEET TO A POINT; THENCE RUN NORTH 00º49’34” EAST PARALLEL TO THE WEST LINE OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 3 FOR 150.00 FEET TO POINT; THENCE RUN EAST PARALLEL TO THE NORTH LINE OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 3 FOR 147.33 FEET TO THE POINT OF BEGINNING. LESS AND EXPECT PROPERTY CONVEYED TO BROWARD COUNTY BY WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 9270, PAGES 339 AND 343, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. "IMECA DANIA BEACH " Prepared By: Bello & Bello Land Surveying Corporation 12230 S.W. 131 Avenue, Suite 201, Miami, Florida 33186 www.bellolandsurveying.com PLAT BOOK________ PAGE_________ (SHEET 1 OF 3) CITY OF DANIA BEACH - CITY COMMISSION: THIS IS TO CERTIFY THAT THIS PLAT HAS BEEN APPROVED AND ACCEPTED FOR RECORD BY THE CITY OF DANIA BEACH, FLORIDA, AND BY RESOLUTION NO. _____________________, ADOPTED THIS ______ DAY OF ____________________ A.D., 2023 CONCURRENCY/IMPACT FEES FOR THE CONSTRUCTION, EXPANSION, AND/OR CONVERSION OF A BUILDING WITHIN THIS PLAT SHALL BE PAID ON THE DATE OF BUILDING PERMIT ISSUANCE. CITY OF DANIA BEACH - COMMUNITY DEVELOPMENT DEPARTMENT: THIS IT TO CERTIFY THAT THIS PLAT WAS APPROVED AND ACCEPTED BY THE COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA, THIS ______ DAY OF ____________________ A.D., 2023 BY: ________________________________________ ELEANOR NORENA, DIRECTOR CITY OF DANIA BEACH - CITY ENGINEER: THIS PLAT IS HEREBY APPROVED FOR RECORDING THIS _________DAY OF ____________________ A.D., 2023 BY: ___________________________________________________ ,CITY ENGINEER PROFESSIONAL ENGINEER REGISTRATION NO.__________ STATE OF FLORIDA BB& ATTEST BY: _______________________________ ELORA RIERA, MMC, CITY CLERK APPROVED BY: ______________________________ ARCHIBALD J. RYAN IV, CITY MAYOR CERTIFICATE OF SURVEYOR: I HEREBY CERTIFY THAT THE ATTACHED PLAT ENTITLED "IMECA DANIA BEACH" IS A TRUE AND CORRECT REPRESENTATION OF THE LANDS DESCRIBED HEREON AS RECENTLY SURVEYED AND PLATTED UNDER MY DIRECTION AND SUPERVISION, THAT THE SURVEY DATA SHOWN COMPLIES WITH THE APPLICABLE REQUIREMENTS OF CHARTER 177, FLORIDA STATUTES, AND FURTHER THAT THE PERMANENT REFERENCE MONUMENTS WERE SET IN ACCORDANCE WITH SECTION 177.091 OF SAID CHAPTER 177, ON THIS __________ DAY OF _____________________ A.D., 2023 THIS PLAT CONFORMS TO ALL APPLICABLE SECTIONS OF CHAPTER 5J-17.05, FLORIDA ADMINISTRATIVE CODE. THIS PLAT DATED AT ______________________________________, FLORIDA, THIS ______DAY OF _________________________ A.D., 2023 ________________________________ ODALYS C. BELLO PROFESSIONAL SURVEYOR AND MAPPER REGISTRATION NO. 6169 STATE OF FLORIDA Surveyor County SurveyorCounty EngineerCounty CommissionCity EngineerCity Commission A SUBDIVISION OF A PORTION OF NORTHWEST 1/4, OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, LYING AND BEING IN CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA. SURVEYOR'S NOTE: THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. LEGAL DESCRIPTION: PARCEL 1: THE EAST 60.00 FEET OF THE WEST 120.00 FEET OF THE NORTH 160.00 FEET OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA. LESS THE FOLLOWING: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID EAST 60.00 FEET, AND A LINE THAT LIES 35.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 3; THENCE NORTH 87º52’07” EAST ON AN ASSUMED BEARING ALONG THE SAID PARALLEL LINE A DISTANCE OF 60.00 FEET; THENCE SOUTH 01º16’14” EAST, ALONG THE EAST LINE OF THE SAID EAST 60.00 FEET, A DISTANCE OF 18.97 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 7689.44 FEET, A RADIAL TO SAID POINT BEARS SOUTH 01º11’32” EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00º26’49” AN ARC DISTANCE OF 60.00 FEET TO THE SAID WEST LINE OF THE SAID EAST 60.00 FEET; THENCE NORTH 01º16’14” WEST ALONG THE SAID WEST LINE A DISTANCE OF 17.76 FEET TO THE POINT OF BEGINNING. PARCEL 2: THE EAST 40.00 FEET OF THE WEST 160.00 FEET OF THE NORTH 160.00 FEET OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA. LESS THE FOLLOWING: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE SAID EAST 40.00 FEET, AND A LINE THAT LIES 35.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 3, THENCE NORTH 87º52’07” EAST ON AN ASSUMED BEARING ALONG THE SAID PARALLEL LINE A DISTANCE OF 40.00 FEET TO THE EAST LINE OF THE SAID EAST 40.00 FEET; THENCE SOUTH 01º16’14” EAST ALONG THE SAID EAST LINE A DISTANCE OF 19.53 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 7689.44 FEET, A RADIAL TO SAID POINT BEARS SOUTH 01º29’25” EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00º17’53” AN ARC DISTANCE OF 40.00 FEET TO THE SAID WEST LINE OF THE SAID EAST 40.00 FEET; THENCE NORTH 01º16’14” WEST ALONG SAID WEST LINE A DISTANCE OF 18.97 FEET TO THE POINT OF BEGINNING. PARCEL 3: THE NORTH 185.00 FEET OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA LESS THE WEST 160.00 FEET; LESS THE NORTH 35.00 FEET AND LESS THE EAST 30.00 FEET THEREOF; SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A POINT 35.00 FEET SOUTH OF THE NORTH LINE OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 3, AND 30.00 FEET WEST OF THE EAST LINE OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 3; THENCE RUN SOUTH 00º53’00” WEST PARALLEL TO THE EAST LINE OF THE NORTHWEST ¼ IF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 3 FOR 150.00 FEET TO A POINT; THENCE RUN WEST PARALLEL TO THE NORTH LINE OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 3 FOR 147.18 FEET TO A POINT; THENCE RUN NORTH 00º49’34” EAST PARALLEL TO THE WEST LINE OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 3 FOR 150.00 FEET TO POINT; THENCE RUN EAST PARALLEL TO THE NORTH LINE OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 3 FOR 147.33 FEET TO THE POINT OF BEGINNING. LESS AND EXPECT PROPERTY CONVEYED TO BROWARD COUNTY BY WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 9270, PAGES 339 AND 343, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. DEDICATION: KNOW ALL MEN BY THESE PRESENTS: THAT 501 STIRLING ROAD, LLC, A FLORIDA LIMITED LIABILITY COMPANY, THE OWNER OF THE LANDS DESCRIBED HEREON, HAS CAUSED SAID LANDS TO BE PLATTED AS SHOWN HEREON, SAID PLAT TO BE KNOWN AS "IMECA DANIA BEACH", BEING A SUBDIVISION OF A PORTION OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA. IN WITNESS WHEREOF: SAID 501 STIRLING ROAD, LLC, A FLORIDA LIMITED LIABILITY COMPANY, HAS CAUSED THESE PRESENTS TO BE SIGNED AND ON ITS BEHALF BY TONY COCCHIOLA, ITS MANAGER, IN THE PRESENCE OF THIS TWO WITNESSES ON THIS _____ DAY OF _______________________, A.D., 2023 501 STIRLING ROAD, LLC, A FLORIDA LIMITED LIABILITY COMPANY BY: _____________________________ , MANAGER TONY COCCHIOLA WITNESS NAME: _____________________________ SIGNATURE: ______________________ WITNESS NAME: _____________________________ SIGNATURE: ______________________ ACKNOWLEDGMENT: STATE OF FLORIDA } COUNTY OF BROWARD } I HEREBY CERTIFY: THAT ON THIS DAY PERSONALLY APPEARED BEFORE ME BY MEANS OF __ PHYSICAL PRESENCE OR __ ONLINE NOTARIZATION, AN OFFICER DULY AUTHORIZED TO ADMINISTER OATHS AND TAKE ACKNOWLEDGEMENTS, TONY COCCHIOLA, MANAGER OF 501 STIRLING ROAD, LLC, A FLORIDA LIMITED LIABILITY COMPANY, WHO IS PERSONALLY KNOWN TO ME AND WHO EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED THE EXECUTION THEREOF TO BE HIS FREE ACT AND DEED AS SUCH OFFICER, FOR THE PURPOSES THEREIN EXPRESSED AND WHO DID NOT TAKE AN OATH. WITNESS MY SIGNATURE AND OFFICIAL SEAL ON THIS ______day of _______________________ A.D., 2023 __________________________________ _________________________________ PRINT NAME NOTARY PUBLIC, STATE OF FLORIDA MY COMMISSION NUMBER: _________________ MY COMMISSION EXPIRES: ________________________ SS: BROWARD COUNTY RESILIENT ENVIRONMENT DEPARTMENT: THIS PLAT IS APPROVED AND ACCEPTED FOR RECORDING THIS ______ DAY OF ______________________ A.D., 2023 BY:_____________________________________ DIRECTOR BROWARD COUNTY HIGHWAY CONSTRUCTION AND ENGINEERING DIVISION: THIS PLAT HAS BEEN REVIEWED FOR CONFORMITY WITH CHAPTER 177, FLORIDA STATUTES AND IS APPROVED AND ACCEPTED FOR RECORDING. BY: ____________________________________ ROBERTO CHAVEZ PROFESSIONAL SURVEYOR AND MAPPER REGISTRATION NUMBER: LS7280 STATE OF FLORIDA THIS ____ DAY OF ________________ A.D., 2023 BY: ________________________________________ RICHARD TORNESE, DIRECTOR PROFESSIONAL ENGINEER, REGISTRATION NO. 40263 STATE OF FLORIDA THIS ____ DAY OF ________________ A.D., 2023 BROWARD COUNTY PLANNING COUNCIL: THIS IS TO CERTIFY: THAT THE BROWARD COUNTY PLANNING COUNCIL APPROVED THIS PLAT SUBJECT TO ITS COMPLIANCE WITH DEDICATION OF RIGHTS-OF-WAY FOR TRAFFIC-WAYS THIS ______DAY OF ___________________________ A.D., 2023 BY: __________________________________ CHAIRPERSON THIS PLAT COMPLIES WITH THE APPROVAL OF THE BROWARD COUNTY PLANNING COUNCIL ON THE ABOVE DATE AND IS APPROVED AND ACCEPTED FOR RECORDING THIS_____ DAY OF ____________________ A.D., 2023 BY: __________________________________ EXECUTIVE DIRECTOR OR DESIGNEE BROWARD COUNTY FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT COUNTY RECORDS DIVISION - MINUTES SECTION: THIS IS TO CERTIFY: THAT THIS PLAT COMPLIES WITH THE PROVISIONS OF CHAPTER 177, FLORIDA STATUTES AND WAS ACCEPTED FOR RECORDING BY THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, THIS _____ DAY OF ___________________________ A.D., 2023 BY: ________________________________ MAYOR, COUNTY COMMISSION THE FOLLOWING NOTE IS REQUIRED BY THE BROWARD COUNTY SURVEYOR PURSUANT TO CHAPTER 177.091. SUBSECTION(28), FLORIDA STATUTES: PLATTED UTILITY EASEMENTS ARE ALSO EASEMENTS FOR THE CONSTRUCTION INSTALLATION, MAINTENANCE AND OPERATION OF CABLE TELEVISION SERVICES; PROVIDED, HOWEVER, NO SUCH CONSTRUCTION, INSTALLATION, MAINTENANCE AND OPERATION OF CABLE TELEVISION SERVICES SHALL INTERFERE WITH THE FACILITIES AND SERVICES OF AN ELECTRIC, TELEPHONE, GAS OR OTHER PUBLIC UTILITY. IN THE EVENT A CABLE TELEVISION COMPANY DAMAGES THE FACILITIES OF A PUBLIC UTILITY, IT SHALL BE SOLELY RESPONSIBLE FOR THE DAMAGES. THIS NOTE DOES NOT APPLY TO PRIVATE EASEMENTS GRANTED TO OR OBTAINED BY A PARTICULAR ELECTRIC, TELEPHONE, GAS OR OTHER PUBLIC UTILITY. SUCH CONSTRUCTION, INSTALLATION AND MAINTENANCE AND OPERATION SHALL COMPLY WITH THE NATIONAL ELECTRIC SAFETY CODE AS ADOPTED BY THE FLORIDA PUBLIC SERVICE COMMISSION. "IMECA DANIA BEACH " Prepared By: Bello & Bello Land Surveying Corporation 12230 S.W. 131 Avenue, Suite 201, Miami, Florida 33186 www.bellolandsurveying.com PLAT BOOK________ PAGE_________ (SHEET 2 OF 3) BB& CORPORATE SEAL A SUBDIVISION OF A PORTION OF NORTHWEST 1/4, OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, LYING AND BEING IN CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA. SURVEYOR'S NOTE: THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. MORTGAGE STATEMENT: STATE OF ___________________ } COUNTY OF __________________ } KNOW ALL MEN BY THESE PRESENTS: REGIONS BANK, AN ALABAMA BANKING CORPORATION, OWNER AND HOLDER OF THAT CERTAIN MORTGAGE, DATED MARCH 10, 2020 AND RECORDED IN INSTRUMENT# 116408031, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, DOES HEREBY CONSENT TO AND JOIN IN THE MAKING AND FILING FOR RECORD OF THE ATTACHED "IMECA DANIA BEACH", A SUBDIVISION AND TO THE DEDICATION AS SHOWN HEREON. IN WITNESS: THE UNDERSIGNED HAVE HEREUNTO SET THEIR HANDS AND THE CORPORATE SEAL AFFIXED THERETO THIS _________DAY OF ______________________________, A.D., 2023. WITNESS:______________________________ BY: ______________________________ PRINT NAME:________________________ PRINT NAME:______________________________ TITLE: ______________________________ WITNESS:______________________________ PRINT NAME:PRINT NAME:________________________ ACKNOWLEDGEMENT OF MORTGAGEE: STATE OF ___________________ } COUNTY OF __________________ } I HEREBY CERTIFY: THAT ON THIS DAY PERSONALLY APPEARED BEFORE ME, BY MEANS OF __ PHYSICAL PRESENCE OR __ ONLINE NOTARIZATION, AN OFFICER DULY AUTHORIZED TO ADMINISTER OATHS AND TAKE ACKNOWLEDGEMENTS, _______________________________________________, __________________________________ OF PREGIONS BANK, AN ALABAMA BANKING CORPORATION, WHO IS PERSONALLY KNOWN TO ME OR WHO HAS PRODUCED __________________________ AS IDENTIFICATION AND WHO EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED THE EXECUTION THEREOF, TO BE HIS/HER FREE ACT AND DEED AS SUCH OFFICER FOR THE PURPOSES THEREIN EXPRESSED AND WHO DID NOT TAKE AN OATH. WITNESS MY HAND AND OFFICIAL SEAL THIS __________ DAY OF _____________________, A.D. 2023 BY: _____________________________ PRINTED NAME :__________________________________ NOTARY PUBLIC, STATE OF FLORIDA COMMISSION NUMBER: ______________________ MY COMMISSION EXPIRES: _____________________ SS SS ////// / / / /// /// /////////////////////////////////////// LESS-OUT PARCEL 037-B PER ORB 9270 - PG 339 S.W. 2nd STREET STIRLING ROAD (SR 8 4 8 ) P H I P P E N W A I T E R S R O A D S . W . 1 1 th A V E N U E ( N O N - R A D I A L ) N0 1 ° 3 8 ' 3 2 " W 1 0 7 . 2 7 ' S87°31'24"W 100.01' Radius = 7689.44' Arc = 186.17' Delta = 1°23'14" N87°31'24"E 30.71'Radius = 30.00' Arc = 47.59' Delta = 90°53'04" S 0 1 ° 3 5 ' 3 2 " E 59 . 0 7 ' S1 3 ° 5 5 ' 5 5 " W 37 . 3 6 ' S01°35'32"E 4.64' S87°31'24"W 137.24' N0 1 ° 3 8 ' 3 2 " W 2 5 . 0 0 ' PRM 10' TO T A L R / W V A R I E S SOUTH LINE OF SECTION 34-50-42 BCR NORTH LINE OF SECTION 3-51-42 BCR NOT SUBDIVIDED A/K/A LOT 6 PARCEL ID: 514203000417 NOT SUBDIVIDED A/K/A LOTS 2 & 3 PARCEL ID: 514203000410 NOT SUBDIVIDED PARCEL ID: 514203000412 POB OF LESS-OUT PORTION OF PARCEL 1 LINE 35' SOUTH OF AND PARALLEL WITH THE NORTH LINE SECTION 3-51-42, BCR POB OF LESS-OUT PORTION OF PARCEL 2 POB OF LESS-OUT PORTION OF PARCEL 3 S 0 1 ° 0 5 ' 2 2 " E (R A D I A L ) P L A T L I M I T S N 0 1 ° 3 8 ' 3 2 " W 18 . 9 7 ' N 0 1 ° 3 8 ' 3 2 " W 17 . 7 5 ' N87°31'24"E 60.01' N 0 1 ° 3 8 ' 3 2 " W 19 . 5 2 ' N87°31'24"E 40.00' S 0 1 ° 3 5 ' 3 2 " E 5 0 . 4 7 ' N87°31'24"E 147.37' EA S T L I N E O F N W 1 / 4 O F T H E N E 1 / 4 OF T H E N W 1 / 4 O F T H E N W 1 / 4 O F S E C T I O N 3 N88°24'28"E (RADIAL) S0 1 ° 3 5 ' 3 2 " E 1 8 5 . 0 2 ' LESS-OUT PARCEL 1 INST: 1164080030 LESS-OUT PARCEL 2 INST: 1164080030 LESS-OUT PARCEL 3 INST: 1164080030 TOTAL R/W VARIES (FDOT R/W MAP SHEET 20 & 21 OF 22 SECTIO N 8 6 0 1 5 - 2 5 0 0 BCR ) 5 5 ' LO T 1 , B L O C K 5 VIC T O R Y H E I G H T S PB 2 1 - P G 2 , B C R VICTO R Y H E I G H T S 15' ALLEY VICTORY HEIGHTS PB 21 - PG 2, BCR LO T 1 , B L O C K 4 VIC T O R Y H E I G H T S PB 2 1 - P G 2 , B C R 5 5 ' 3 5 ' 3 5 ' 30' 30' 30' 30' PRM PRM PRM PRM PRM PRM PRM PRM PRM N87°31'24"E 40.00' N87°31'24"E 227.41' N0 1 ° 3 8 ' 3 2 " W 5 2 . 7 5 ' 30' N87°31'24"E 734.85' N87°31'24"E 85.00' S . W . 1 2 th A V E N U E W E S T L I N E O F S E C T I O N 3 - 5 1 - 4 2 , B C R 3-51-424-51-42 34-50-4233-50-42 NW CORNER OF SECTION 3-51-42, BCR LC LC LC TRACT "C" GEORGE M PHIPPENS SUBDIVISION (PB 2, PG 90 MDCR) 53 ' PORTION OF TRACT "C" GEORGE M PHIPPENS SUBDIVISION PB 2, PG 90 MDCR FOR RIGHT OF WAY PER INST: 115440654 6 6 . 1 ' PCP PCP PCP NET AREA: +/- 29 363.73 SQ.FT. (+/- 0.67 ACRES) PARCEL "A" (Chord) N88°13'01"E 186.17' 30' P L A T L I M I T S PLAT LIMITS PLAT LIMITS PLAT LIMITS 10' FP&L EASEMENT (ORB 9137, PG 863, 864 and 865) N: 624061.4325' E: 935388.8846' N: 624168.6535' E: 935385.8107' N: 624174.4461' E: 935571.8881' N: 624175.7731' E: 935602.5694' N: 624146.6348' E: 935633.8542' N: 624087.5870' E: 935635.4955' N: 624051.3204' E: 935626.5009' N: 624046.6922' E: 935626.6284'N: 624040.7618' E: 624040.7618' N: 624065.7542' E: 935488.8018' 3 5 ' LO T 1 , B L O C K 1 PAR A D I S E M A N O R PB 3 2 - P G 3 1 , B C R LC 2 0 ' V e h i c u l a r Ac c e s s O p e n i n g // / // / // / LC40' Vehicular Access Opening 20 ' // / NON-VEHICULAR ACCESS LINE NON-VEHICULAR ACCESS LINE 15.4'10' 20 ' 2 0 . 8 ' 16 . 6 ' 10' STIRLING ROAD SW 2ND PLACE SW 4 T H A V E N U E SW 2ND PLACE SW 3RD STREET SW 2ND PLACE SW 2ND TERRACE SW 3RD TERRACE SW 3RD STREET SW 4 T H C O U R T SW 4TH STREET PH I P P E N R O A D SW 3RD PLACE SW 1 2 T H A V E N U E EVANS STREET SW 2ND STREET PH I P P E N W A I T E R S R O A D SW 3RD STREET SW 3RD PLACE SW 1 1 T H A V E N U E 3-51-424-51-42 34-50-4233-50-42 NW CORNER OF SECTION 3-51-42 SW 2ND PLACE SW 2ND TERRACE S W 1 2 T H A V E N U E "IMECA DANIA BEACH" Prepared By: Bello & Bello Land Surveying Corporation 12230 S.W. 131 Avenue, Suite 201, Miami, Florida 33186 www.bellolandsurveying.com PLAT BOOK________ PAGE_________ (SHEET 3 OF 3) 1 inch = 20 feet GRAPHIC SCALE (In Feet) 0 BB& Location Map Not to Scale PLAT NOTES: (1)THIS PLAT IS RESTRICTED TO A 10 000 SQFT COMMERCIAL USE BUILDING. (2)THIS NOTE IS REQUIRED BY CHAPTER 5, ARTICLE IX, BROWARD COUNTY CODE OF ORDINANCES, AND MAY BE AMENDED BY APPROVAL OF THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS. THE NOTATION AND ANY AMENDMENTS THERETO ARE SOLELY INDICATING THE APPROVED DEVELOPMENT LEVEL FOR PROPERTY LOCATED WITHIN THE PLAT AND DO NOT OPERATE AS A RESTRICTION IN FAVOR OF ANY PROPERTY OWNER INCLUDING AN OWNER OR OWNERS OF PROPERTY WITHIN THIS PLAT WHO TOOK TITLE TO THE PROPERTY WITH REFERENCE TO THIS PLAT. (3)ANY STRUCTURE WITHIN THIS PLAT MUST COMPLY WITH SECTION 2(1)(F), DEVELOPMENT REVIEW REQUIREMENTS, OF THE BROWARD COUNTY LAND USE PLAN, REGARDING HAZARDS TO AIR NAVIGATION. 20'10'20' A SUBDIVISION OF A PORTION OF NORTHWEST 1/4, OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, LYING AND BEING IN CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA. LEGEND & SURVEYOR'S NOTE: : DENOTES SECTION CORNER PRM: DENOTES PERMANENT REFERENCE MONUMENT PCP: DENOTES PERMANENT CONTROL POINT : DENOTES NON-VEHICULAR ACCESS LINE SQ.FT.: DENOTES SQUARE FEET PB: DENOTES PLAT BOOK PG: DENOTES PAGE C: DENOTES CENTER LINE R/W: DENOTES RIGHT-OF-WAY SR: DENOTES STATE ROAD R: DENOTES RADIUS Δ: DENOTES DELTA L: DENOTES ARC LENGTH N: DENOTES (STATE PLANE COORDINATE) NORTHING E: DENOTES (STATE PLANE COORDINATE) EASTING L BEARINGS AS SHOWN HEREON ARE BASED ON AN ASSUMED MERIDIAN ALONG THE NORTH LINE OF THE NW 1/4 SECTION 3-51-42 (CENTER LINE OF SW 2nd STREET / STIRLING ROAD / SR 848) BEARING: N87°31'24"E SURVEYOR'S NOTE: THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SEC. 3-51-42: DENOTES SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST BCR: DENOTES BROWARD COUNTY RECORDS MDCR: DENOTES MIAMI-DADE COUNTY RECORDS ////// kimley-horn.com 1615 South Congress Avenue, Suite 201, Delray Beach, FL 33445 561 484 5257 March 8th, 2023 Dear Property Owner or Resident: The purpose of this correspondence is to inform you that the property located at 501 Stirling Road is proposed to be redeveloped as a retail hardware store. The location of the property is shown in the aerial photo below. The application is proposing to construct an IMECA Lumber & Hardware Store totaling 10,000 SF with access to the site from Stirling Road and Phippen Waiters Road. Landscape Buffers and setbacks along the adjacent lots have been designed and proposed in accordance with the City of Dania Beach’s Land Development Code. Please reach out to Liam Sargent, liam.sargent@kimley-horn.com or 561-484-5257, with any questions, concerns, or general input. The site plan and associated documents can be made available upon request. Sincerely, Liam Sargent Land Planner folio name add 514203000410 OATMAN,CELESTE LATYCE 710 SW 2 TER 514203000411 501 STIRLING ROAD LLC 8400 NW 58 ST 514203000412 ALL STAR AUTO BODY INC 735 STIRLING ROAD 514203000413 501 STIRLING ROAD LLC 8400 NW 58 ST 514203000414 501 STIRLING ROAD LLC 8400 NW 58 ST 514203000415 RAMIREZ,WILMARY H/EBATISTA,EDID 700 SW 2 TER 514203000416 COLE,CATHYLEEN 1420 S 22 AVE 514203000417 JACKSON,DELLA &JONES,SHIRLEY 220 PHIPPEN RD 514203000920 BROWARD COUNTYBOARD OF COUNTY COMMISSIONERS 115 S ANDREWS AVE RM 501-RP 514203000940 BROWARD COUNTYBOARD OF COUNTY COMMISSIONERS 115 S ANDREWS AVE RM 501-RP 514203490011 CITY OF DANIA BEACH 100 W DANIA BEACH BLVD 514203490110 ELIZEE,CARMELITA H/EPLACIDE,NICOLE 721 SW 2 ST 514203490280 MOULTRY,A L & BENNIE M 220 SW 11 AVE 514203490290 VALDEZ,RAYNEL J 216 SW 11 AVE 514203490300 JONES,CAROL M 8861 SW 9 CT 514203490310 DEAN,SHIRLEY EST 208 SW 11 AVE 514203490320 BYRD,EUGENIA G 717 SW 2 TER 514203490330 DIOQUINO,HAROLD 712 SW 2 TER 514203490340 CLARK,DONNA A 709 SW 2 TERR 514203490350 BRUNO,SALLYANN 705 SW 2 TER 514203490360 MENDEZ,DANIELVELASCO,MAYRA 701 SW 2 TER 514203490370 PUBLIC LAND% CITY OF DANIA BEACH 100 W DANIA BEACH BLVD city state zip zip 4 DANIA BEACH FL 33004 3548 DORAL FL 33166 DANIA BEACH FL 33004 DORAL FL 33166 DORAL FL 33166 DANIA BEACH FL 33004 HOLLYWOOD FL 33020 DANIA BEACH FL 33004 FORT LAUDERDALE FL 33301 1801 FORT LAUDERDALE FL 33301 1801 DANIA BEACH FL 33004 3643 DANIA BEACH FL 33004 DANIA BEACH FL 33004 3515 DANIA BEACH FL 33004 HOLLYWOOD FL 33025 1460 DANIA BEACH FL 33004 3515 DANIA BEACH FL 33004 3531 DANIA BEACH FL 33004 DANIA BEACH FL 33004 DANIA BEACH FL 33004 DANIA BEACH FL 33004 DANIA BEACH FL 33004 3643 legal 3-51-42NW1/4 OF NE1/4 OF NW1/4 OF NW1/4LESS W 60 & LESS E 100 OF W 160OF N 160 & LESS E 157 M/L EXCEPTN 185 & LESS PT DESC INOR 2169/303 & LESS RDSAKA LOTS 2 & 3 3-51-42E 60 OF W 120 OF N 160 OF NW1/4OF NE1/4 OF NW1/4 OF NW1/4,LESSBEG AT NE COR OF SAID E 60,SLY 53.97,WLY 60,NLY 52.76,ELY 60 TO POB 3-51-42W 60 OF N 235 OF NW1/4 OF NE1/4OF NW1/4 OF NW1/4 LESS BEG ATINTERSEC OF W/L OF SAID W 60 & ALINE 35 S OF & PARA WITH N/L OFSEC 3,ELY 60,SLY 17.76 TO P/C,WLY ARC DIST OF 60,NLY 16.07 TOPOB 3-51-42E 40 OF W 160 OF N 160 OF NW1/4OF NE1/4 OF NW1/4 OF NW1/4,LESSTHEREFROM PT DESC AS,BEG AT NECOR OF SAID PAR,SLY 54.53,WLYARC DIST OF 40,NLY 53.97,ELY40 TO POB 3-51-42N 185 OF NW1/4 OF NE1/4 OF NW1/4OF NW1/4 LESS W 160 & LESS N 35& E 30 & LESS PTS DESC INOR 9270/339 & 343 FOR R/WS 3-51-42W 127 OF E 157 M/L OF NW1/4OF NE1/4 OF NW1/4 OF NW1/4LESS N 245 THEREOF & LESS PTDESC AS,BEG AT INTERSEC OF LINE245 S OF N/L SEC 3 WITH W R/W/LOF PHIPPENS RD,S 15.33,W 10,NLY 15.33,E 10 TO POBAKA:LOTS 4 & 5,LESS RD 3-51-42W 60 OF NW1/4 OF NE1/4 OFNW1/4 OF NW1/4 LESS N 235THEREOF AKA LOT 1 3-51-42S 60 OF N 245 OF W 117 OFE 157 M/L OF NW1/4 OF NE1/4OF NW1/4 OF NW1/4 AKA LOT 6 3-51-42POR OF NW1/4 OF NE1/4 OF NW1/4OF NW1/4 OF SEC 3 DESC AS: BEGAT PT 35' S OF N/L OF SEC AND 30W OF E/L OF NW1/4 OF NE1/4 OF NW1/4 OF NW 1/4, S 50.48, NWLY47.59, SW 30.71, WLY 86.03, N19.53, NE 147.24 TO POB TOG WITHCOMM AT SAID COMM PT, S 109.53TO POB, S 40.47, SW 10, N 4.62, 3-51-42BEG AT INTERSEC OF LN 245' S OFN/L SEC 3 AND 30' W OF E/L OF NW1/4 OF NE1/4 OF NW1/4 OF NW1/4,S 15.33, SW 10,N 15.33, NE 10 TOPOB TOG WITH W 10 OF E 40 OF S60 OF N 245 OF SAID NW1/4 OF NE1/4 OF NW1/4 OF NW 1/4 OF SEC 3 COLLEGE HOMESITES 55-17 BS 10' OF LOTS 1 THRU 11,BLK 1 COLLEGE HOMESITES 55-17 BLOT 11 LESS W 8,LESS N 15 FORRD & LESS S 10 BLK 1 COLLEGE HOMESITES 55-17 BLOT 17 BLK 2 & 1/20 INT IN LAKE COLLEGE HOMESITES 55-17 BLOT 18 BLK 2 & 1/20 INT IN LAKE COLLEGE HOMESITES 55-17 BLOT 19 BLK 2 & 1/20 INT IN LAKE COLLEGE HOMESITES 55-17 BLOT 20 BLK 2 & 1/20 INT IN LAKE COLLEGE HOMESITES 55-17 BLOT 1 BLK 3 COLLEGE HOMESITES 55-17 BLOT 2 BLK 3 COLLEGE HOMESITES 55-17 BLOT 3 BLK 3 COLLEGE HOMESITES 55-17 BLOT 4 BLK 3 COLLEGE HOMESITES 55-17 BLOT 5 BLK 3 COLLEGE HOMESITES 55-17 BALL STREETS,AVENUES AND OTHERTHOROUGHFARES ARE DEDICATED TOTHE PUBLIC PER PLAT City of Dania Beach Community Development Memorandum DATE: 11/14/2023 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Candido Sosa-Cruz, Deputy City Manager Eleanor Norena, CFM, Director Corinne Lajoie, AICP, Deputy Director SUBJECT: A request of the City Commission to approve an inventory list of City owned property appropriate for affordable housing, consistent with Senate Bill 102, knows as “Live Local”. Request: To establish an inventory list of City owned property appropriate for affordable housing, consistent with Senate Bill 102, known as “Live Local”. Background: The State of Florida adopted Senate Bill 102, known as “Live Local” which became effective July 1, 2023. One of the requirements of this law, per Florida Statutes Section 166.0451, entitled “Disposition of municipal property for affordable housing” requires municipalities to prepare and every three (3) years thereafter, an inventory list of all real property within its jurisdiction to which the City or any dependent special district within its boundaries holds fee simple title which that is appropriate for use as affordable housing. Following the public hearing, the governing body of the City shall adopt a resolution that includes an inventory list of such property, and the City shall make the inventory list publicly available on its website to encourage potential development. The City is encouraged by the State of Florida to adopt best practices for surplus land programs, including, but not limited to: (a) Establishing eligibility criteria for the receipt or purchase of surplus land by developers; (b) Making the process for requesting surplus lands publicly available; and (c) Ensuring long-term affordability through ground leases by retaining the right of first refusal to purchase property that would be sold or offered at market rate and by requiring reversion of property not used for affordable housing within a certain timeframe. The lists of properties owned by the city and that may be available for long term lease or sale for affordable housing purposes are listed below: • 711 SW 12 Avenue • Old Griffin Road • 137 NW 4 Avenue • 115 Phippen Waiters Road • 119 Phippen Waiters Road • 121 Phippen Waiters Road • 123 Phippen Waiters Road • 125 Phippen Waiters Road • NW 14 Way • 524 NW 3 Terrace • Dania Beach Patch • 1201 W. Dania Beach Boulevard • W. Dania Beach Boulevard The City adopts the State of Florida recognized best practices for its surplus land programs, including, but not limited to: (a)Establishing eligibility criteria for the receipt or purchase of surplus land by developers: (i)Developer to have experience in providing any of the following types of affordable housing: • Extremely low income – earning up to 30% AMI (at or below $ 23,500); • Very low income – earning from 30.01 to 50% AMI ($23,501 to $39,150); • Low income – earning from 50.01 to 80% AMI ($39,151 to $62,650); and • Moderate income – earning from 80.01 to 120% of AMI ($62,651 to $94,000). (ii)That the Developer have connections for home ownership funding or rental subsidy; (b)Making the process for requesting surplus lands publicly available by issuing public procurement, whether a request for proposal, or other mechanism, with a covenant running with the land requiring the affordable housing component be complied with or the property would be reverted to the City; and (c) Ensuring long-term affordability through ground leases by retaining the right of first refusal to purchase property that would be sold or offered at market rate and by requiring reversion of property not used for affordable housing within a certain timeframe (18 months). Budgetary Impact None. Recommendation Approve the resolution establishing an inventory list of City owned property appropriate for affordable housing, consistent with Senate Bill 102, known as “Live Local”. RESOLUTION NO. 2023-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, COMPLYING WITH SECTION 166.0451, FLORIDA STATUTES BY HOLDING A PUBLIC HEARING AND CREATING A LIST OF PROPERTIES OWNED BY THE CITY AND THE CRA, WHICH PROPERTIES MAY BE AVAILABLE FOR AFFORDABLE HOUSING PURPOSES (30 % TO 120% AMI); AND BY PROVIDING FOR BEST PRACTICES IN UTILIZING THE LISTED PROPERTIES FOR AFFORDABLE HOUSING PURPOSES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature approved Senate Bill 102, and the Governor executed Senate Bill 102, also known as the “Live Local” statute, now codified at Florida Statute Section 420.50872; and WHEREAS, the Live Local statute at Florida Statutes Section 166.0451, entitled” Disposition of municipal property for affordable housing” to prepare and every three (3) years thereafter, prepare an inventory list of all real property within its jurisdiction to which the City or any dependent special district within its boundaries holds fee simple title which that is appropriate for use as affordable housing; and WHEREAS, the inventory list must include the address and legal description of each such property and specify whether the property is vacant or improved; and WHEREAS, the City is to hold a public hearing regarding the list of available properties that can be sold or subject to a long-term lease for affordable housing purposes (30% to 140% AMI); and WHEREAS, following the public hearing, the governing body of the City shall adopt a resolution that includes an inventory list of such property, and the City shall make the inventory list publicly available on its website to encourage potential development; and WHEREAS, the City is encouraged by the State of Florida to adopt best practices for surplus land programs, including, but not limited to: (a) Establishing eligibility criteria for the receipt or purchase of surplus land by developers; (b) Making the process for requesting surplus lands publicly available; and (c) Ensuring long-term affordability through ground leases by retaining the right of first refusal to purchase property that would be sold or offered at market rate and by requiring reversion of property not used for affordable housing within a certain timeframe; and RESOLUTION #2023-______2 WHEREAS, adoption of this Resolution is in the best interest of the residents of the City of Dania Beach, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. Recitals. That the above recitals are true and correct and are incorporated by this reference. Section 2. List of Properties Available for Affordable Housing. The City of Dania Beach lists its properties that may be available for long term lease or sale for affordable housing purposes are found at Exhibit A, attached to and incorporated by reference into this Resolution. Section 3. Best Practices. The City adopts the State of Florida recognized best practices for its surplus land programs, including, but not limited to: (a) Establishing eligibility criteria for the receipt or purchase of surplus land by developers: (i) Developer to have experience in providing any of the following types of affordable housing: •Extremely low income – earning up to 30% AMI (at or below $ 23,500); •Very low income – earning from 30.01 to 50% AMI ($23,501 to $39,150); •Low income – earning from 50.01 to 80% AMI ($39,151 to $62,650); and •Moderate income – earning from 80.01 to 120% of AMI ($62,651 to $94,000). (ii) That the Developer have connections for home ownership funding or rental subsidy; (b) Making the process for requesting surplus lands publicly available by issuing public procurement, whether a request for proposal, or other mechanism, with a covenant running with the land requiring the affordable housing component be complied with or the property would be reverted to the City; and (c) Ensuring long-term affordability through ground leases by retaining the right of first refusal to purchase property that would be sold or offered at market rate and by requiring reversion of property not used for affordable housing within a certain timeframe (18 months). Section 4. Effective Date. That this Resolution shall become effective 10 days after adoption. RESOLUTION #2023-______3 PASSED AND ADOPTED on , 2023. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Commissioner Joyce L. 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 Folio Address Legal Description Vacant or improved Area (SF) 5142-0334-0560 711 SW 12 AVENUE DANIA BEACH, 33004 COLLEGE TRACT 19-9 B LOT 2 BLK 5 Vacant 5,700 5042-3406-0640 OLD GRIFFIN ROAD DANIA BEACH, 33004 HANSEN & NELSON SUB 3-76 D LOT 27,28 BLK C Vacant 4,231 5042-3401-1190 137 NW 4 AVENUE DANIA BEACH, 33004 TOWN OF MODELO (DANIA) B-49 D LOT 5 BLK 8 Vacant/between SFH 5,421 5042-3430-0200 115 PHIPPEN WAITERS ROAD DANIA BEACH, 33004 PARADISE MANOR 32-31 B LOT 25 BLK 1 Vacant 1,992 5042-3430-0220 119 PHIPPEN WAITERS ROAD DANIA BEACH, 33004 PARADISE MANOR 32-31 B LOT 27 BLK 1 Vacant 1,994 5042-3430-0230 121 PHIPPEN WAITERS ROAD DANIA BEACH, 33004 PARADISE MANOR 32-31 B LOT 28 BLK 1 Vacant 1,995 5042-3430-0240 123 PHIPPEN WAITERS ROAD DANIA BEACH, 33004 PARADISE MANOR 32-31 B LOT 29 BLK 1 Vacant 1,995 5042-3430-0250 125 PHIPPEN WAITERS ROAD DANIA BEACH, 33004 PARADISE MANOR 32-31 B LOT 30 BLK 1 Vacant 1,996 5042-3300-0440 1201 W DANIA BEACH BOULEVARD DANIA BEACH, 33004 (see below) 33-50-42 E 75 OF SE1/4 OF NE1/4 OF SE1/4 LESS NLY 25 & THE SLY 40 & THEELY 35 OF SAID E 75 FOR RD R/WS Conservation easement/farm 5042-3315-0060 NW 14 WAY DANIA BEACH, 33004 SUN GARDENS FIRST ADD 30-21 B TR A N 70 OF S 280 OF E 70 Vacant 4,900 5042-3406-0260 524 NW 3 TERRACE DANIA BEACH, 33004 HANSEN & NELSON SUB 3-76 D LOT 1,W1/2 LOT 2 BLK B Vacant/adjacent SFH 3,750 PATCH Site (These parcels are owned by the City of Dania Beach) 5042-3300-0440 1201 W DANIA BEACH BOULEVARD DANIA BEACH, 33004 33-50-42 E 75 OF SE1/4 OF NE1/4 OF SE1/4 LESS NLY 25 & THE SLY 40 & THEELY 35 OF SAID E 75 FOR RD R/WS NBHD-Res, Conservation easement/farm 23,087 5042-3453-0021 W DANIA BEACH BOULEVARD, DANIA BEACH FL 33004 STOINOFF'S VALHALLA 146-22 B TRACT A THE W 9 OF S 333.98 NBHD-RS 3,006 ROW 22,150 EXHIBIT "A" City of Dania Beach Community Development Memorandum DATE: 11/14/2023 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager Eleanor Norena, CFM, Community Development Director SUBJECT: TX-084-23: The applicant, City of Dania Beach, is requesting a text amendment to amend the noise regulations found in the City’s Land Development Code (FIRST READING). Request: Amending Sections 17-80, entitled “Definitions”, 17-81, entitled “Unreasonably loud noise prohibited”, 17-85 “Exemptions” to update the City’s code relating to Unnecessary and excessive noise (First Reading) Background: The city currently regulates unreasonable loud noise between the hours of 7:00PM to 7:00AM. At this time City Staff is recommending to clearly identify that noise complaint must be plainly audible from a distance of 100 feet from the building, structure or vehicle in which it is located. This modification will ensure that Code Compliance and Broward Sheriff’s Office is provided clear direction on enforcement of the City’s noise ordinance during the applicable timeframe. Budgetary Impact None Recommendation To approve the text amendment Ordinance on first reading. ORDINANCE NO. 2023-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 17, ENTITLED “OFFENSES – MISCELLANEOUS”; AT ARTICLE IV ENTITLED “NOISE”; AMENDING SECTIONS 17-80 ENTITLED “DEFINITIONS”; SECTION 17-81 ENTITLED UNREASONABLY LOUD NOISE PROHIBITED”; SECTION 17-85 ENTITLED “EXEMPTIONS”; TO UPDATE THE CITY’S CODE RELATING TO UNNECESSARY AND EXCESSIVE NOISE; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City seeks to update its noise ordinance to facilitate ease of use and application; and WHEREAS, the City Administration supports the further refinement of the City’s Noise Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1.That the above “WHEREAS” clauses are ratified and confirmed as being true and correct, and they are made a part of and incorporated into this Ordinance by this reference. Section 2.That Chapter 17 entitled “Offenses - Miscellaneous”, Article IV, entitled “Noise”, at section 17-81, entitled “Unreasonably loud noise prohibited,” is amended as follows: * * * CHAPTER 17 OFFENSES -MISCELLANEOUS * * * ARTICLE IV. NOISE Sec. 17-79. Scope. The provisions of this article shall apply to the control of all sound originating within the geographical limits of the city and outside the city limits, within all territory to which the jurisdiction of the city extends. 2 ORDINANCE #2023-______ Sec. 17-80. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Amplified sound. Sound augmented by any electronic means which increases the sound level or volume. Animal noise. Please cross-reference with Section 5-11(b)(1), for enforcement. Business establishment. Any commercial establishment, including but not limited to any establishment required to obtain any food or beverage license, or a license for service of alcoholic beverages. Complaint. A specific request for investigation of a suspected violation of this chapter. The complaint may include but is not limited to the following: (1) The name, address and telephone number of the complainant. (2) The approximate date and time when the violation occurred. (3) A brief statement outlining the nature of the violation. (4) Any indication whether the complainant requested the violator(s) to desist. (5) If known, the name, address and location where the violation is occurring or has occurred. Complainant. Any owner, lessee, manager or person with a legal interest in a receiving property who reports being disturbed by sound heard from another residence inside of a residence or place of business upon the receiving property and not originating therefrom, which sound is plainly audible at a distance of 100 feet from the building, structure, or vehicle in which it is located. Enforcement officer. Any code compliance inspector officer or law enforcement officer. Person. Any individual, corporation, partnership, association or other legal entity or any agent or employee of any such entity. Plainly audible. Able to be clearly heard by a person of normal sensibilities using only unaided auditory senses. Plainly audible shall refer to a sound heard at a volume level above that of normal conversation and shall not include sounds which are just barely audible. With respect to music, the detection of a rhythmic base reverberating type sound, beat or cadence shall be deemed plainly audible. In order to establish a noise complaint, the plainly audible sound must be heard at a distance of 100 feet from the building, structure or vehicle in which it is located. Property line. An imaginary line along the ground surface, and its vertical extension, which separates the real property owned or possessed by a person from that owned or possessed by another person, including intra-building divisions. Radios, televisions, phonographs, etc. The using, operating, or permitting to be played, used or operated any radio receiving set, television set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or 3 ORDINANCE #2023-______ chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 7:00 p.m. and 7:00 a.m. in such manner as to be plainly audible at a distance of 100 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section. Receiving property. Any residence or place of business into which sound, not originating therefrom, is traveling and is audible. Residence. Any occupied room or rooms connected together containing sleeping facilities, including but not limited to single and multiple family homes, townhomes, apartments, condominium units, hotel and motel rooms. Sound source. The place from which sound emanates, including without limitation, a speaker, loud speaker, or other sound producing instrument or sound from a person. Unreasonably loud. Uninvited noise shall be deemed unreasonably loud if it is plainly audible to inside of a receiving property at a distance of 100 feet across a property line and that plainly audible sound is determined to cause actual interference with a business, a person's peaceful enjoyment of a residence or the peace and tranquility of the surrounding neighborhood. Uninvited noise. Noise not originating on the receiving property. Sec. 17-81. Unreasonably loud noise prohibited. Between the hours of 7:00 p.m. and 7:00 a.m.it shall be unlawful for any person or business to cause or permit to originate from the real property he, she, or it controls, any sound which can be heard at a distance of 100 feet from the building, structure or vehicle from which the sound is emanating, crosses a property line at a volume, which is unreasonably loud. * * * ec. 17-85. Exemptions. The following activities shall be exempt from the requirements of and from the enforcement provisions in this article: (a) Radios, sirens, horns and bells and other sounds created by police, fire and other emergency response vehicles. (b) Screams for emergency assistance and warning calls. (c) Fireworks displays, parades, special events and other activities for which a valid permit has been obtained, within such hours and in accordance with such restrictions as may be imposed as conditions for the issuance of a permit. (d) Noise generated as the result of emergency work or from activities permitted under a special permit. (e) Noise generated by motor vehicles as defined in F.S. § 320.01, as may be amended and noise resulting from the operation of vessels when operated in compliance with the limitations set forth in F.S. § 327.65. 4 ORDINANCE #2023-______ (f) Noise emanating from the unamplified conversations of person(s) on public streets and sidewalks. (g) Fire alarms and burglar alarms, bells and chimes of churches or other religious institutions; however, false fire or burglar alarms shall be subject to enforcement procedures and penalties as set forth in article VII, "emergency alarm systems" of chapter 8 of the City Code of Ordinances. (h) Locomotives and other railroad equipment and aircraft, to the extent that city regulations are preempted by federal provisions. (i) Activities on or in municipal and school athletic facilities and on or in publicly owned property and facilities, when such activities have been authorized by the public authority which owns the properties or facilities or their agent, except where such publicly owned properties are under private operation pursuant to a lease, agreement or other arrangements. (j) Noise in, adjacent to or adjoining residential areas, generated as the result of the operation of sanitation equipment. (k) Noise emanating from a business establishment which provides musical entertainment within permitted hours of operation and is located within the Dania Pointe Entertainment District. Sec. 17-86. Enforcement. (a) An enforcement officer shall investigate complaints regarding violations of this chapter. If compliance is not accomplished, and any violation of this chapter is subsequently witnessed by an enforcement officer, a violation may be enforced as provided by law. The Code compliance officer or Broward County Sheriff’s deputy must make the determination of a unreasonably loud noise violation. (b) The notice of violation is to include the date and time of the violation, the nature of the violation, the name of the violator, notice informing the violator that the violation may result in the imposition of fines and liens as provided by law and that any repeat violation may result in the imposition of increased fines. Sec. 17-87. Alternate means of enforcement and penalties. (a) Anyone found in violation of this chapter may be subject to the penalties specified in the city Code of Ordinances. (b) As an alternative or additional means of enforcement, in order to maintain the peace and domestic tranquility of the surrounding neighborhood, the city may deny any applicable extended hours license pursuant to section 4-18.1, extended hours license, of the city Code of Ordinances. Secs. 17-88—17-93. Reserved. Section 3.That if any section, clause, sentence, or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. 5 ORDINANCE #2023-______ Section 4.That all ordinances or part of ordinances in conflict with the provisions of the Ordinance are repealed. Section 5.That this ordinance shall take effect 10 days after passage. PASSED on first reading on _____________________, 2023. PASSED AND ADOPTED on second reading on ____________________ 2023. First Reading: Motion by: ____________________________________ Second by: ____________________________________ Second Reading: Motion by: ____________________________________ Second by: ____________________________________ FINAL VOTE ON ADOPTION: Commissioner Joyce L. 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 City Attorney Memorandum DATE: 11/14/2023 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Eve A. Boutsis, City Attorney SUBJECT: City Regulation Relating to Naming of City Facilities - Correction Request: To approve a minor modification to the City’s regulation relating to naming of City Facilities. Background: On May 9, 2023, the City adopted an ordinance amending chapter 2 of the City’s code of Ordinances creating a process for naming or renaming city facilities. One of the requirements of that ordinance was that any person requesting a facility be named after him or herself, must undergo a Level 2 background screening. A Level 2 background screening is conducted with fingerprints by the FBI. The FBI has strict regulations on when a Level 2 screening can take place. Unfortunately, the purpose of naming a facility is not authorized under Federal Law. As such, the language is proposed for modification to indicate that a background check will be con ducted and an application denied if a person is convicted of a felony or a crime of moral turpitude. This clarification is the only change to the ordinance. Budgetary Impact No budgetary impact anticipated. Recommendation That the ordinance be approved at first reading and that a second and final reading be scheduled. ORDINANCE NO. 2023-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 2, OF THE CITY CODE OF ORDINANCES, ENTITLED “ADMINISTRATION” AT ARTICLE V, ENTITLED “RESERVED” BY AMENDING SECTION 2-101, ENTITLED “NAMING OF CITY OWNED FACILITIES” TO MODIFY THE BACKGROUND CHECK CRITERIA OF THE CODE, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 9, 2021, the Mayor and City Commission adopted an ordinance modifying Chapter 2, Article V relating to creating a process for naming or renaming City owned facilities within the City of Dania Beach; and WHEREAS, one condition in the ordinance requiring a Level 2 background check, which requires fingerprinting and review by the Federal Bureau of Investigation (“FBI”); and WHEREAS, the FBI will not authorize a Level 2 background check for the purpose of naming or renaming a public facility, and as such this provision in the ordinance needs to be modified so as to provide an enforceable provision of the Code; and WHEREAS, it is in the City’s best interests to amend its procedures relating to background checks to be consistent with state and federal law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1.That the preceding “WHEREAS” clauses are ratified and incorporated as a record of the legislative intent of this Ordinance. Section 2.That Chapter 2 of the City Code of Ordinances, which Chapter is entitled “Administration”, at Article V, entitled “Naming of City Facilities”, at section 2-101, entitled “Naming of City Owned Facilities” is amended to read as follows: 2 ORDINANCE #2023-____ CHAPTER 2 ADMINISTRATION ARTICLE V –NAMING OF CITY FACILITIES * * * Sec. 2-101 Naming Of City Owned Facilities * * * (d)Review and Approval of request. (1) Requests for Naming/Renaming must be submitted in writing to the Director of Parks and Recreation. All individuals and organizations requesting for naming/renaming a City of Dania Beach facility must submit a City of Dania Beach Application, a petition as provided below, and an application fee as determined by separate resolution. All costs, including notices, mailings, sign changes, staff time, etc. as determined by the City Manager’s Office, shall be the responsibility of the applicant. No application shall be granted by the City Commission until after the City’s receipt of payment of the application fee and notification, mailing, sign changes, and associated costs. Actual physical or other naming/renaming measures, including signage changes, shall not be performed by the City until such additional costs over and above the application fee, as determined by the City Manager’s Office, are paid to the City. (2) These requests will be reviewed by the Parks, Recreation And Community Affairs Advisory Board prior to transmission to the City Manager. The decision of the Board shall be advisory only and shall be submitted to the City of Dania Beach City Commission for a Final Determination. (3). The individual whose name is being considered must not have a felony conviction in the state of Florida, or any crime of moral turpitude. If the City is aware of a felony in any other state, or any crime of moral turpitude, then the individual will be disqualified under this ordinance. must pass a “level 2” background check. (4) The applicant may be responsible for the actual cost of signage. If the naming is for a retired or former employee, volunteer, or elected official, no signage fee will be required. (5) Final Determination. The City Commission shall make a Final Determination of granting or denying an application. In doing so, the City Commission shall have absolute discretion for naming a City facility and shall enact a resolution, after public hearing. Final approval shall require a 4/5 vote of the City Commission. (6) Waiver of Guidelines. The City shall consider a waiver to any portion of these guidelines for procedures, except for Subsection (7) below entitled “Automatic Denials,” if by a 4/5 vote of the City Commission, the Commission agrees to such a waiver of a portion for any other reason. 3 ORDINANCE #2023-____ (7) Automatic Denials. (i) The individual after whom the street is to be co-designated had been convicted for a felony or any crime involving moral turpitude or had pending charges of a felony on any crime involving moral turpitude at the time of his or her death. (ii) The corporation or other non-natural person after which the street is proposed to be co-designated must have a reputation (and its officers and representatives) without a felony criminal, fraudulent, immoral or offensive history. (iv) Failure to pass a Level 2 background check. (v) Discriminatory or antisemitic (anti any religious, racial or ethnic) name or reference. * * * Section 3.That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 4.That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 5.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 L. Davis ______ Commissioner Tamara James ______ Commissioner Marco Salvino ______ Vice Mayor Lori Lewellen ______ Mayor Archibald J. Ryan IV ______ 4 ORDINANCE #2023-____ 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: 11/14/2023 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 Director/City Engineer SUBJECT: EXPENDITURE OF CITY FUNDS TO EXCEED $1M FOR THE SOUTHEAST DRAINAGE RETROFIT PROJECT- PHASE I - SECOND READING Request: The Public Services Department (PSD) requests expenditure authorization of City funds exceeding one million dollars for the Southeast Drainage Retrofit Project, Phase I (SE Drainage Project – Phase I). Background: The City engaged WSP USA, Inc. (WSP) to design stormwater improvements to address chronic flooding in the southeast section neighborhoods. WSP completed the design, and due to its overall magnitude, the project was separated into two construction phases. The City sought and successfully secured alternative funding sources to offset the project's cost for Phase I. On July 25, 2023, the City issued an Invitation to Bid 23-014 for the SE Drainage Project, Phase I. Two bids were received on October 2, 2023. The most responsive and responsible bid is $16,815,805.24. The City Code requires the City Commission to approve an ordinance authorizing the expenditure of funds exceeding one million dollars. This item will be the first of two readings of the ordinance to authorize the approval of funds for the first phase of the project. Budgetary Impact The Florida Department of Environmental Protection will provide the funding for this project in the amount of $3,480,000. Broward County Transportation Surtax will provide additional funding for this project in the amount of $7,212,000, and $6,123,805.24 will come from the City’s American Rescue Plan Act Funds. Recommendation PSD is recommending the City Commission to adopt an Ordinance to authorize the expenditure of City funds exceeding One Million Dollars for the SE Drainage Retrofit Project - Phase I. 1 ORDINANCE #2023-______ ORDINANCE NO. 2023-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF CITY FUNDS EXCEEDING ONE MILLION DOLLARS ($1,000,000.00), WHICH EXPENDITURE IS NOT TO EXCEED THE PROJECT ESTIMATE OF SIXTEEN MILLION EIGHT HUNDRED FIFTEEN THOUSAND EIGHT HUNDRED FIVE DOLLARS AND TWENTY-FOUR CENTS ($16,815,805.24) AS APPROVED BY THE CITY COMMISSION, TO FUND THE SOUTHEAST DRAINAGE RETROFIT PROJECT, PHASE I; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 2, “Certain Expenditures” of Article 3, “Powers of the City”, of the City Code of Ordinances, the City Commission must, by ordinance approve any expenditures of City funds that exceed One Million Dollars ($1,000,000.00) after two (2) advertised public hearings of the ordinance; and WHEREAS, the City-issued Invitation to Bid (“ITB”) No. 23-014 for the “Southeast Drainage Retrofit Project, Phase I” exceeds the monetary threshold of $1,000,000.00; and WHEREAS, the project expenditure shall not exceed the bid amount of Sixteen Million Eight Hundred Fifteen Thousand Eight Hundred Five Dollars and Twenty-Four Cents ($16,815,805.24) for the Southeast Drainage Retrofit Project, Phase I. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1.That the above “WHEREAS” clauses are ratified and confirmed as being true and correct, and they are made a part of and incorporated into this Ordinance by this reference. Section 2.That the proper City officials are authorized to expend more than One Million Dollars ($1,000,000.00) in funding the Southeast Drainage Retrofit Project, Phase I. Section 3. That the Florida Department of Environmental Protection Grant Program funds in the amount of $3,480,000.00, and the Broward County Transportation Surtax funds in the amount of $7,212,000.00 be appropriated to account number 402-35-28-535-63-10. In addition, the balance of funds, in the amount of $6,123,805.24 to equal $16,815.805.24 to fund the Southeast Drainage Retrofit Project, Phase I, will come from the City’s American Rescue Plan Act funds, reserves, and potentially new debt financing. 2 ORDINANCE #2023-______ Section 4.That all ordinances or part of ordinances in conflict with the provisions of the Ordinance are repealed. Section 5.That this Ordinance shall be effective immediately at adoption on second reading. PASSED on first reading on October 24, 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 L. 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 Sold To: City of Dania Beach- City Clerk's Office - CU00117511 100 W. Dania Beach Blvd Dania Beach,FL 33004-3699 Bill To: City of Dania Beach- City Clerk's Office - CU00117511 100 W. Dania Beach Blvd Dania Beach,FL 33004-3699 Published Daily Fort Lauderdale, Broward County, Florida Boca Raton, Palm Beach County, Florida Miami, Miami-Dade County, Florida State Of Florida County Of Orange Before the undersigned authority personally appeared Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL, a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the attached copy of advertisement, being a Legal Notice in: The matter of 11720-Notice of Public Meeting , Was published in said newspaper by print in the issues of, or by publication on the newspaper¶s website, if authorized on Oct 15, 2023 Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes. Signature of Affiant Sworn to and subscribed before me this: October 16, 2023. Signature of Notary Public Name of Notary, Typed, Printed, or Stamped Personally Known (X) or Produced Identification ( ) Affidavit Delivery Method: E-Mail Affidavit Email Address: eriera@daniabeachfl.gov,emcclendon@daniabeachfl.gov 7514566 SUN-SENTINEL Order # - 7514566 SUN-SENTINEL SUN-SENTINEL City of Dania Beach City Clerk Memorandum DATE: 11/14/2023 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Elora Riera, MMC, City Clerk SUBJECT: Discussion and Approval of the 2024 City Commission Meeting Dates Request: For the City Commission to discuss and approve the 2024 City Commission Meeting dates. Background: As you are aware, the City Commission meetings are held on the second and fourth Tuesday of each month. The following City Commission meeting dates conflict with major holidays: - April 23, 2023 - Passover holiday - Monday, April 22, 2024 through Tuesday, April 30, 2024 - December 24, 2024 - Christmas holiday - Tuesday, December 24, 2024 and Wednesday, December 25, 2024 Also, please note that the City Commission typically takes their summer break at the end of July through the beginning of August. Also, the second meetings in November and December are typically canceled due to the holidays. The following City Commission meeting dates are tentatively scheduled during that time: - July 23, 2024 - August 13, 2024 - November 26, 2024 - December 24, 2024 Budgetary Impact No budgetary impact. Recommendation To discuss and approve the 2024 proposed City Commission meeting dates. CITY OF DANIA BEACH CITY COMMISSION MEETING DATES JANUARY 2024 – DECEMBER 2024 City Commission Meeting Date 2nd & 4th Tuesdays – 7:00 p.m.**Holidays and/or Events** January 9, 2024 January 23, 2024 February 13, 2024 February 27, 2024 March 12, 2024 March 26, 2024 April 9, 2023 April 23, 2023 Passover – Monday, April 22 to Tuesday, April 30, 2024 May 14, 2024 May 28, 2024 June 11, 2024 June 25, 2024 July 9, 2024 July 23, 2024 Commission Summer Break August 13, 2024 Commission Summer Break August 27, 2024 September 10, 2024 September 24, 2024 October 8, 2024 October 22, 2024 November 12, 2024 (Special & Regular Meeting) Special Meeting for 11/5 General Election Confirmation November 26, 2024 Thanksgiving Holiday – Thursday-Friday, November 28- 29, 2023 December 10, 2024 December 24, 2024 Christmas Holiday – Friday, December 22 & Monday, December 25, 2023 City of Dania Beach Community Development Memorandum DATE: 11/14/2023 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Candido Sosa-Cruz, Deputy City Manager Eleanor Norena, CFM, Director Corinne Lajoie, AICP, Deputy Director SUBJECT: Approval for the City to sponsor the 2024 IGNITE Broward Art & Light Festival partially located at MAD Arts in Dania Beach Request: The Public Art Advisory Board (PAAB) requests City Commission approval to sponsor the 2024 IGNITE Broward Art & Light Festival that will be partially located at MAD Arts located in Dania Beach. This re-occurring county-wide public art event will be held from January 24, 2023 - January 28, 2024. Background: Now in its third year, IGNITE Broward, created by Broward County Cultural Division in partnership with Mad Arts, is an immersive large-scale projection mapping and interactive light- based art and sound festival featuring installations by top national and international artists at two stunning locations, Esplanade Park in downtown Fort Lauderdale and Mad Arts in Dania Beach. With each passing year, IGNITE Broward has grown in both size and influence, attracting a diverse range of attendees, including aspiring entrepreneurs, talented artists, skilled professionals, and visionary leaders. On October 16, 2023, the PAAB recommended the City sponsor this local public art event at the $25,000 sponsorship level. At this sponsorship level, the City will receive City Logo placement signage, a guided tour of Esplanade Park and Mad Arts installations, City Logo placement on all print and digital materials, invitations to media preview at Mad Arts, tickets to a VIP Kick-off Party at the Museum of Discovery and Science, skip the line preferential access to installations, and swag bags. This Twenty-Five Thousand Dollar sponsorship would include an expenditure of Ten Thousand Dollars ($10,000) from the City’s Public Art Fund and a Fifteen Thousand Dollars ($15,000) value of in-kind services provided on Friday, Saturday & Sunday by the City. These in-kind services include the use of the City’s parking garage, two shuttle bus services to transport attendees to and from the City Hall parking garage, marketing for the event, and a BSO police detail which will be paid from the City Manager’s Contingency Fund. Budgetary Impact The funding for this sponsorship is split and appropriated as indicated below; Funding in the amount of Ten Thousand Dollars ($10,000) will be appropriated from the City’s Public Art Fund Account No. 115-15-01-515-31-10. Funding in an amount not to exceed Fifteen Thousand Dollars ($15,000) needed for in-kind services that will be provided by the City will be appropriated from the City Managers contingency fund, account #001-12-01-512-99-10. Recommendation It is recommended that the City Commission adopt the resolution to sponsor the IGNITE Broward Art & Light Festival at the Twenty-Five Thousand Dollars ($25,000) sponsorship level. RESOLUTION NO. 2023-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF PUBLIC ART FUNDS IN THE AMOUNT OF TEN THOUSAND DOLLARS ($10,000.00) FOR SPONSORSHIP OF THE 2024 IGNITE BROWARD PUBLIC ART EVENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Broward County Cultural Division, in partnership with Mad Arts, is hosting its third annual IGNITE Broward public art festival, featuring immersive large-scale projection mapping and interactive light-based art and sound installations by top national and international artists; and WHEREAS, part of the IGNITE Broward event is been located at the MAD Art Gallery located in Dania Beach; and WHEREAS, IGNITE Broward public art event has been held annually since 2022, and WHEREAS, the Public Art Advisory Board (PAAB), at their October 16, 2023 meeting, recommended the City sponsor the IGNITE Broward annual public art event with a Twenty-Five Thousand Dollars ($25,000.00) sponsorship which includes Ten Thousand Dollars ($10,000.00) monetary donation plus Fifteen Thousand Dollars ($15,000.00) of in-kind services including use of the City owned parking garage, (3) shuttle busses, and any required police and fire detail for the event. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1.That the above “WHEREAS” clauses are ratified and confirmed as being true and correct, and they are made a part of and incorporated into this Resolution by this reference. Section 2.That the proper City officials are authorized to expend Ten Thousand Dollars ($10,000.00) plus Fifteen Thousand Dollars ($15,000.00) of in-kind services. Section 3. That Fiscal Year 2023-24 funding for this sponsorship, in the amount of ten thousand dollars ($10,000.00) is currently available in the City’s Public Art Fund, account number 115-15-01-515-31-10. Section 4.That if any section, clause, sentence, or phrase of this Resolution 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 Resolution. RESOLUTION #2023-______2 Section 5.That all Resolution or parts of this Resolution in conflict with the provisions of this Resolution are repealed. Section 6.That this Resolution shall take effect 10 days after passage and adoption. PASSED AND ADOPTED on , 2023. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Commissioner Joyce L. 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 Public Art Advisory Board Application City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,FL 33004 (954)924-6805 x3704 Contact Information: Name:Jennifer Love Gironda Home Address:150 S Bryan Road,PH6,Dania Beach FL 33004 Cell Phone:919-637-9137 Phone:use cell Email:jenniferlovegironda@gmail.com What is your occupation?High School Art Teacher Business Name:Chaminade-Madonna College Preparatory School Business Address:500 E Chaminade Dr,Hollywood,FL 33021 Business Phone:(954)989-5150 Are you a resident of Dania Beach?Are you a resident of Broward County?[X ]Yes [X ]Yes []No []No If yes,how long have you lived: In Dania Beach?In Broward County?I moved to Dania Beach/Broward County this past summer,June 2023.Before that I lived in Palm Beach County from 2009-2020,then again in 2022-2023. Do you own a business in the City of Dania Beach?Yes/No Name of Business:n/a Are you a registered FL voter? [X]Yes []No Public Art Advisory Board Selection: Have you attended any Dania Beach Commission or Advisory Board Meetings? []Yes [X]No Are you currently serving,or have you ever served on any other City or County Boards,Commissions,or Committees? If yes,please provide names and dates.I have never served in this capacity. Public Art Advisory Board Application City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,FL 33004 (954)924-6805 x3704 Are you aware of any potential conflict of interest (including,without limitation,any potential voting conflicts,or potential prohibited conflicts)that may arise from your serving on the City board or committee to which you are seeking appointment? [X]No -I am not aware of any conflicts.[]Yes –I am aware of select conflicts.If yes,please explain: Interest &Experiences Please list any unique qualifications you have,and how your personal experience and background may relate to the work of a Public Art Advisory Board. I am a lifelong artist,and have been an art teacher for over twenty years.I graduated from East Carolina University with my BFA (Double Major Art Education/Textiles)and also my MAEd in Art Education.I have extensive experience in the arts from being an artist,studying art and being an art teacher.I create my own work,participate in shows and help my students do the same.I have led art workshops and classes at the Armory Art Center,the Norton Museum of Art,the Cameron Museum of Art in Wilmington NC in addition to state level conferences for the Florida Art Education Association and also the Florida Alliance for Arts Education.I have been a part of artist panels and feel comfortable speaking and interacting with people about the arts.I was recognized by the Palm Beach Cultural Council for a Muse Award,have been Teacher of the Year at Lake Worth High School Indiantown Middle School and Middle School Teacher of the Year for Martin County,which I feel shows my commitment to my profession,teaching art. Briefly describe why you wish to serve as a member of the Public Art Advisory Board.List any certifications/licenses which may further qualify you to serve on the Public Art Advisory Board. I am new to Dania Beach.My husband is a marketing professor at NSU and we moved here to be closer to his job.We had lived in Palm Beach county for many years before we moved back home to NC during the pandemic and I was excited to come back to Florida and pick back up in the art community.I jumped right in at my school,Willam T.Dwyer High School,and also in the local art community-landing a studio space at Zero Empty Spaces in Palm Beach Gardens,a spot in the juried Continuum Art show,acceptance in group shows and solo shows at Palm Beach State College and the Boca Library-all in my first year back.The reason I mention this is I want to show that I really am passionate about the arts,about teaching art and making art-and I am proactive,I set goals and put in the work to achieve them.I was sad to leave Palm Beach County but we decided that we needed to be closer to my husband’s job,so we relocated.I was able to get the job as the art teacher at Chaminade-Madonna College Preparatory School and that has been an amazing experience.I feel like my school community has been welcoming and I am active there,however I want to become more involved in my local art community and do what I can to help advance initiatives in the arts,and help others have opportunities to experience art here in Dania Beach,my new home. I mentioned in the previous answer about my BFA and MAEd.I am also a National Board Certified Teacher and hold teaching licenses in Florida and North Carolina.Additional information that might be helpful…I consider myself to be pretty savvy on social media,I maintain daily posts about my art/teaching on my Instagram (@artbyjlg)and my Facebook page for my art (https://www.facebook.com/jenniferlovegirondaART/)I am also upbeat and organized. Jennifer Love Gironda 2023 1 CERTIFICATIONS:  National Board Certification- Early and Middle Childhood  Florida Professional Educator’s Certificate, (Art) Grades K-12  North Carolina Professional Educator’s Certificate, (Art) Grades K-12 EDUCATION:  MAEd, Art Education, East Carolina University, Greenville, NC. May 2009 (4.0 GPA)  BFA, Art Education/Textiles, East Carolina University, Greenville, NC-May 2001 (3.54) TEACHING EXPERIENCE: William T. Dwyer High School, Palm Beach Gardens FL Visual Arts Teacher: 9-12, 2022-current, 2D Art 1 and 2, Drawing and Painting College Park Elementary School, Wilmington NC Visual Arts Teacher: K-5, 2019-2022 K-5 Visual Art Curriculum (taught in person, on-line and hybrid) based on the NCSCOS, Superintendent Greeting Card winner, NC Farm Art Contest Winner, Host School for the NC Azalea Queen, her court and state and local dignitaries, partnered with local businesses to show student work (mall, credit union) Lake Worth High School, Lake Worth FL Visual Arts Teacher: 2014-2020 9-12 grade, 2D/3D Art 1, Portfolio, Advanced Placement 2D Design, Advanced Placement 3D Design, Advanced Placement Drawing (taught in person, on-line and hybrid), Fashion Club Sponsor (2015- present), JV Cheerleading Coach (2015-2016). Student awards include Gold/ Silver Keys and Honorable Mentions at Scholastics Art and Writing, Congressional Art Winner, Two Superintendent Greeting Card winners, Two Bus Safety $1000 Scholarship winners, Melanoma Monday Contest winners, South Florida Fair art winners, WITV award and scholarship winners, Arts for Life Scholarship Winner, PBCATA Scholarship winner, dedicated LWHS student shows at the Cultural Council of Palm Beach County, Clay Glass Metal Stone Gallery and HATCH 1121 as well as recycled garments created by LWHS students featured at Art Palm Beach International Art Fair University School, Nova Southeastern University, Fort Lauderdale FL Visual Arts Teacher: Middle and Upper School, 2013-2014 Middle/Upper School Digital Photo 1, Middle School Drawing and Painting 1, tutored a private MS art student Indiantown Middle School, Indiantown FL Visual Arts Teacher: 5-8, 2009-2013 5-8 Curriculum based on the Sunshine State Standards and International Baccalaureate® Middle Years Programme. Advisor, Art Club, Assistant to Yearbook Advisor and SWAT (Students Working Against Tobacco), IMS Cheerleading Coach (also the JV cheer coach at Palm Beach Gardens High School from 2011-2013 and volunteer Assistant Cheer Coach for Varsity 2010-2011 during this time), numerous local art exhibits including an International Peace Mural, displayed in Japan Jennifer Love Gironda 2023 2 Armory Arts Center, West Palm Beach FL Summer Camp Instructor 2011, 2012, 2013, 2015-2019 (Fashion Week) Drawing Instructor, Bak Prep (sub), Fashion camp with a focus on upcycled/recycled fashion instruction for teens), 2017-2019 Armory Outreach program working with victims of human trafficking Wintergreen Primary School, Greenville NC Visual Arts Teacher: K-2, 2007-2009 K-2 Visual Art Curriculum based on the NCSCOS, Webmaster for school site, after school Art Studio for Second graders, Cheerleading Coach for PCCSR Program, grades 1-3rd, student work featured in local art shows and venues as well as a special exhibit of student work to go along with my thesis show at the Greenville Museum of Art East Carolina University, Greenville NC Teaching Assistant: University Level, January-May 2009 Assisted with ART 1910, an undergraduate-level Art Appreciation course, taught via BlackBoard. Duties included grading discussion board posts, research papers, projects, maintaining course grade book. Leesville Road High School, Raleigh NC Visual Arts Teacher: 9-12, 2003-2005 High School Visual Art Curriculum based on the NCSCOS. Art 1, Art 2, Art 3 and 4 combined, Honors Art, Independent Study, Head Coach- Varsity Cheerleaders, National Art Honor Society Sponsor D.H. Conley High School, Greenville NC Visual Arts Teacher: 9-12, 2001-2004 High School Visual Art Curriculum based on the NCSCOS. Art 1, Art 2, Art 3 and 4 combined, Honors Art, Independent Study, National Art Honor Society Chapter Sponsor, Assistant Coach- Varsity Cheerleaders Legislators School for Leadership Development-East Carolina University Teaching Faculty: 2002-03: 6-12, 2008 Two-week summer program, middle/high school. Curriculum based on Sean Covey’s Seven Habits of Highly Effective Teens. E.B. Aycock Middle School & Wahl Coates Elementary School, Greenville, NC Visual Arts Intern: 9-12, 2000-2001 6-8 Visual Art Curriculum based on the NCSCOS, assisted with cheerleading program Sawtooth Center for the Visual Arts-Winston Salem, NC Assistant to Youth Program Director: K-8, summer 1998 Responsible for the organization and teaching of thematic art lessons for a ten-week summer camp. HONORS AND AWARDS:  Cultural Council of Palm Beach County MUSE Award, Liman Excellence in Arts Education, 2020  Lake Worth High School Teacher of the Year and Senior High Dwyer Nominee, 2019-2020  Central Palm Beach Chamber of Commerce ‘Women of Worth’ finalist, 2020  Lake Worth High School Staff Energizer Award, 2018-2019  Florida Alliance for Arts Education and Hermitage Artists Retreat State Artist Teaching Residency (STAR) recipient 2017, month long artist residency, one of only three visual arts teachers chose for whole state of Florida Jennifer Love Gironda 2023 3 HONORS AND AWARDS, cont’d:  Florida Humanities Council Workshop Participant, St. Augustine 2013  Martin County Middle School Teacher of the Year, 2011  Teacher of the Year, Indiantown Middle School, 2010-2011  Selected as one of 10 art teachers nationwide to be a Surface Design Association Scholar (2011)  Selected as one of 30 teachers nationwide for Jump at the Sun: Zora Neale Hurston and Here Eatonville Roots, NEH Landmark workshop/grant (June 2010)  Selected as one of 32 teachers nationwide for the Power of Art Workshop, Robert Rauschenberg Foundation at The Lab School of Washington, DC (April 2010)  Selected as one of twelve teachers to travel to Japan (Summer 2009), funded by Fulbright-Hays NCTAN Asian Seminar, East Carolina University, 2008  Teacher’s Executive Institute Participant, Pitt County Schools, 2007  North Carolina Center for the Advancement of Teachers, workshop attendee, 2007  Outstanding ILT Recognition, Pitt County Schools, 2002  Graduate Cum Laude, East Carolina University, 2001  Most Outstanding Art Education Student, East Carolina University, 2001  North Carolina Teaching Fellow Scholarship Recipient, 1996-2000 GRANTS:  (2022) Intracoastal Realty Teachers Fund, ‘Remote Learning Art Journal Sets’, grant to fund sketchbook, colored pencil sets for students to design and then take home for remote learning  (2021) Donors Choose, ‘Ease into Movement in Art…with Easels!’, funds to purchase easels for classroom  (2020) Intracoastal Realty Teachers Fund, ‘Remote Learning Art Journal Sets’, grant to fund sketchbook, colored pencil sets for students to design and then take home for remote learning  (2020) Donors Choose, ‘Special Art Supplies for Extra Special Artists’ (featured on WECT 6 o’clock news), adaptive materials for students with special needs  (2020) Donors Choose, ‘Art Display Ready!’, mats and display mounting materials to better showcase student artwork  (2019) Palm Beach County Educational Foundation, GoTeach grant, ‘Recycled Runway: Sustainable Fashion’, grant to purchase dress forms and materials for creating recycled gowns  (2019) Lake Worth High School Alumni Foundation Grant to purchase materials for ‘Access Art’ course, a brand-new class for students in autism spectrum disorder unit  (2018) Donor Choose ‘Let's Talk Trashion! (Recycled Fashion, Ya'll!)’, grant recycled fashion projects  (2017) IMPACT 100, Community Grant with Flamingo Clay Studio for clay supplies for classroom  (2016) Pledge Cents, 'Mat About You!': Art Display Materials for LWHS Art, grant to purchase display items  (2016) Donor Choose, "To Glaze or Not to Glaze...That is the Question!", grant to purchase glaze  (2012) Education Foundation of Martin County- Classroom Enrichment Grant, IMS Arts Passport: Making Cultural Connections through Art and Music, Featuring Australia, Grant to purchase Asian Arts Resources  (2012) Donorschoose.org, ‘Ready, Set…DRAW!’  (2011) Education Foundation of Martin County- Classroom Enrichment Grant, IMS Arts Passport: Making Cultural Connections through Art and Music, Featuring Asia, Grant to purchase Asian Arts Resources  (2011) Character Counts Grant, Off the Wall: Promoting the Character Pillars through Urban Art, Grant to for art supplies/visiting Graffiti Artist Jennifer Love Gironda 2023 4 GRANTS, cont’d:  (2011) Florida League of IB Schools, Grants for Excellence, Chihuly-inspired Sculpture Installation  (2011) Donorschoose.org, ‘Walk Like an Egyptian…. ARTIST!’  (2010) Women Supporting the Arts Grant, African Art Curriculum  (2010) Target Field Trip Grant, Norton Museum  (2010) Education Foundation of Martin County- Classroom Enrichment Grant, ‘IMS Arts Passport: Making Cultural Connections through Art and Music, Featuring Africa’, Grant to purchase African Arts Resources  (2010) Indiantown Coalition Grant, Adinkra Cloth  (2010) Power of Art, Supply award to Jerry’s Art-O-Rama  (2009) Donorschoose.org, Grant to purchase Spanish/Mexican Artists Books and Resources  (2009) Florida League of IB Schools, Professional Enrichment Grant to attend Florida State University ART&DESIGN for Social Justice Symposium, in Association with the Kids' Guernica International Peace Mural Project, January 16-18  (2009) Florida League of League of IB Schools, Grants for Excellence: ‘Creating a Global Canvas: Kids' Guernica International Peace Mural Project’  (2009) Education Foundation of Martin County- Classroom Enrichment Grant, ‘Hanga: 版画 The Art of Japanese Prints’  (2009) Character Counts Grant, ‘Altered Awareness: Expressing Themes of Respect, Fairness and Caring Through Altered Books’  (2009) Indiantown Coalition Grant, ‘Thinking Inside the Box: Reliquaries, Retablos Sacred Vessels of Many Cultures’  (2008) Pitt County Educational Foundation Grant, ‘A Walk on the Wild Side with Henri Rousseau’ PROFESSIONAL PRESENTATIONS:  Presentation, (2023) FAEA Conference, ‘Create (YOUR OWN!) Art…EVERY day!  Presentation, (2023) FAEA Conference, ‘Drawn to Fashion’  Workshop, (2023) FAEA Conference, ‘Mixed Media Fashion Illustration  Spring 2022- Teaching Artist Talk, Exhibit of textile pieces and workshop for art education students at East Carolina University  Workshops for Cameron Museum of Art, Wilmington NC (Fashion Illustration and Upcycled Accessories), 2021-2022  Panel Member, Continuum West Palm Beach 2018-2019  Presentation, (2018) FAEA Conference, ‘Fashion Illustrations’  Workshop, (2018) FAEA Conference, ‘Recycled Gowns and Jewelry’  Presentation, (2016) FAEA Summer Workshop, ‘Be creative, EVERY SINGLE DAY!’, Art Institute Fort Lauderdale  Publication, Personal Web site, www.jenniferlovegironda.com, domain ownership since 2004, post artwork and blogs about my art and teaching  Presentation, (2010) Granted: Grant Writing Presentation. Norton Museum of Art, West Palm Beach FL. (PBCATA members and guests) PROFESSIONAL PUBLICATIONS:  Publication(s), Art Hive Magazine, regular contributor 2012-2019 available to view on-line via www.arthivemagazine.com, individual links to my articles and interviews available upon request. Article topics include interviews, DIY tutorials, local art happenings and art motivation  Publication, Gironda, J.L. (2009). Second Grade Textile Curriculum based on an Independent Study  with Christine Zoller, Area Coordinator. East Carolina University Textiles students, Greenville, NC Jennifer Love Gironda 2023 5 PROFESSIONAL PUBLICATIONS, cont’d:  Publication, Gironda, J.L. (2008). K-2 Clay Curriculum based on an Independent Study with Seo Eo Professor of Ceramics SCHOLARLY AND PROFESSIONAL MEMBERSHIPS:  Florida Art Education Association Member (FAEA), 2009-, Youth Art Month Chair (2011-2013) Student Chapter Coordinator (2011), current member, Advocacy Committee  National Art Education Association Review Board, 2011- 2013  Palm Beach County Art Teacher’s Association, 2009-current, Secretary 2010-2011  Surface Design Association Member, 2011-2015, Grant Writing Committee (2012)  Martin County Arts Council, member/artist, 2009-2010  North Carolina Association of Educators (NCAE), Member, 2008  North Carolina Art Education Association (NCAEA), Member 1999-2003, 2008, Student Division President, 1999-2001, Board of Directors, 1999- 2003, Youth Art Month Chair 2003  National Art Education Association (NAEA), Member 1999-2003, 2008  Member, Artist’s League of the Sandhills, Southern Pines, NC, 2005  North Carolina Cheerleading Coaches Association (NCCCA), Member, 2003-2008, Board of Directors, Regional Representative, Webmaster, www.nccca.net SCHOOL / LOCAL SERVICE:  Partnership teacher for an elementary art intern from the University of North Carolina at Wilmington/New Hanover County Schools (2021-2022)  Worked closely with Best Foot Forward to service foster care students placed at Lake Worth HS  Palm Beach Gardens High School, Volunteer to Cheerleading Program (2010-2011)  Clinical Teacher, 2008-09, East Carolina University/Pitt County Schools  ECU School of Art and Design, Distance Education Committee, Graduate Representative, 2008  Graduate Representative, Search committee for Art Education/Distance Ed (SOAD), ECU, 07-08  Council for Teacher Education, Graduate Representative, East Carolina University, 2008  Teacher’s Executive Institute Steering Committee, Pitt County Schools, 2008 ART EXHIBITS AND INVOLVEMENT:  Upcoming, solo show at the Boca Library, Spanish River location, spring/summer 2023  Upcoming, solo show at Palm Beach State College Eissey Campus Theatre Lobby, spring/summer 2023  Upcoming, featured artist/show at Zero Empty Spaces, Palm Beach Gardens, Spring 2023  ‘With Love’ exhibition, Jupiter Community Center, February 2023  ‘Artspeak: Beyond Words PBCATA group exhibition, February-March 2023  Continuum Juried show, 2022  Studio space at Zero Empty Spaces, Palm Beach Gardens, January 2023-current  Solo show, Palm Beach State College Eissey Campus Theatre Lobby, September-October 2022  Visiting Artist at East Carolina School of Art, March 2022, activities included hands on workshop for pre- service teachers, art exhibit of my work and artist talk  Artwork chosen for Billboard in Leland, NC (March 2022)  Wilmington Art Association, juried member show at ACES Gallery (February-March 2022)  Bellamy Mansion Community Art Show, juried (February-March 2022)  Cameron Art Museum instructor, fashion-related classes 2021-2022  Wilmington, NC- Ongoing Display at Port City Java, downtown Wilmington, Bellamy Mansion show, Art for All show, Brooklyn Arts Center Jennifer Love Gironda 2023 6 ART EXHIBITS AND INVOLVEMENT, cont’d:  Personal fundraiser to benefit Hurricane Dorian victims, raised over $1200 for the National Association of the Bahamas by selling over hand sewn hearts to donors in CA, FL, GA, KY, MA, NC, NY, TN, TX, and VA. This led to an additional service-learning project with my students; they created almost 100 hand stitched hearts the were sent directly to the Bahamas  Led a service-learning project involving art and band classes and staff member creating over 500 hearts for Marjory Stoneman Douglass High School in response to the shooting in 2018. Hearts were handstitched fabric, paper, clay, and wood. Partnered with colleague to create pencil portraits of each of the victims, delivered with the hearts to be given to the families  Solo shows at local venues in South Florida (Cultural Council of Palm Beach, Harold’s Coffee, Dada Delray, Common Grounds Coffee) and North Carolina (Bell Tree Tavern, various hotel shows)  Art Representation, Gallery 2014 in Hollywood, FL and ArtSea Living, Delray Beach FL- works for sale  Retrospective Show, Dec 2016, City of Sunrise Civic Center, exhibited selected daily works from 2012-2016, over sixty works on display  Various group shows including Green Room Artist, Art Nouveau Events at Respectable Street, Old School Square, Sugar Sand Park, Armory, Palm Beach State College, Clay Glass Metal Stone Gallery  Gallery Representation, Artists Gallery of Southern Pines (formerly Artists Alley), Southern Pines NC  Pitt County Schools, Rock the Bus Exhibit, Emerge Gallery, 2009  Graduate Textiles Show, Greenville Museum of Art, 2009  Graduate Project Show-featuring student artwork, Greenville Museum of Art, 2009  The Sketchbook Project, exhibit in several US cities, 2009  Tiny Art Show, Emerge Gallery, 2009  Graduate Artists’ Forum (GAF) Exhibit, Emerge Gallery, 2009  Joyner Library Graduate Exhibit, East Carolina University, 2008  Rock the Bus Educator Exhibit, Emerge Gallery, Pitt County Schools, 2008  Gallery Representation, Artist’s Emporium Gallery, Savannah, GA, 2005-2007  Gallery Representation, Jump and Shout (JAS), Burlington, NC, 2005-2007  Emerge Gallery, Tiny Art Show, 2003-2005  Emerge Gallery, Barbie Show, 2003-2005  Meredith College Educator Exhibition, 2004  Tulsa-Stained Glass Design Contest, Grand Prize Winner, 2003  Designs for Jump and Shout and Servant’s Heart, 2004-2005 PRESS:  February 2023, VoyageMIA  January 2022, Wilma magazine  September 2018 Voyage MIA  May 2017, The Pilot  Winter 2016, Art Hive Magazine  February 2015, Rickie Report CONTACT INFORMATION: Email: jenniferlovegironda@gmail.com Cell: 919-637-9137 Web: www.jenniferlovegironda.com Instagram: @artbyjlg Facebook: Jennifer Love Gironda- Art