HomeMy WebLinkAbout2024-01-09 Regular City Commission Meeting Agenda PacketAGENDA
DANIA BEACH CITY COMMISSION
REGULAR MEETING
TUESDAY, JANUARY 9, 2024 - 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
4. PROCLAMATIONS
1. Request for Proclamation Approval - MLK Jr. Day - January 15th - for presentation on
January 13th - Sponsored by Commissioner James
Agenda – Dania Beach City Commission
Tuesday, January 9, 2024 - 7:00 PM
Page 2 of 5
5. ADMINISTRATIVE REPORTS
1. City Manager
2. City Attorney
3. City Clerk - Reminders
- January 23, 2024 - Social Media Workshop Meeting - 5:00 p.m.
- January 23, 2024 - Regular City Commission Meeting - 7:00 p.m.
- February 13, 2024 - CRA Meeting - 5:30 p.m.
- February 13, 2024 - Regular City Commission Meeting - 7:00 p.m.
6. PUBLIC SAFETY REPORTS
7. CITIZENS' COMMENTS
Addressing the Commission: A thirty (30) minute "Citizen Comments" period shall be designated on the agenda for citizens and interested
persons to speak on matters whether or not scheduled on that day's agenda. Individuals wishing to speak on a matter not included on the
"Public Hearing" section of the agenda, which matter pertains to an item before the City Commission which requires a decision of the City
Commission, may do so by signing in and submitting a form to that effect with the City Clerk prior to the meeting. Speakers at Public
Hearings shall also submit such a form. Each speaker shall be limited to 3 minutes for his or her comments. If more than ten (10) speakers
express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen
comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time
shall not be transferable to another speaker.
8. CONSENT AGENDA
1. Minutes: December 12, 2023 Regular City Commission Meeting Minutes
2. Travel Requests: None.
3. RESOLUTION NO. 2024-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN
AGREEMENT WITH OASIS MARINA, LLC, FOR MANAGEMENT OF THE
DANIA BEACH MARINA; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (Parks and Recreation)
4. RESOLUTION NO. 2024-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, WAIVING COMPETITIVE BIDDING AND AUTHORIZING TO
OBTAIN EQUIPMENT RENTALS AND RELATED PRODUCTS AND SERVICES
FROM HERC RENTALS, INC., UTILIZING THE CITY OF CHARLOTTE, NORTH
CAROLINA’S CONTRACT AWARD UNDER REQUEST FOR PROPOSAL NO.
269-2018-047 AND TO EXCEED THE ANNUAL VENDOR THRESHOLD
AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00) IN A SINGLE FISCAL
Agenda – Dania Beach City Commission
Tuesday, January 9, 2024 - 7:00 PM
Page 3 of 5
YEAR; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.(Parks and Recreation)
5. RESOLUTION NO. 2024-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE APPROPRIATION AND TRANSFER OF
DISASTER RESERVE FUNDS FROM THE GENERAL FUND TO THE
STORMWATER FUND IN THE AMOUNT OF ONE HUNDRED TWENTY-SEVEN
THOUSAND AND FIFTY-THREE DOLLARS ($127,053.00) FOR EMERGENCY
STORMWATER CONTROL SERVICES PROVIDED BY KAILAS CORP. DURING
A FOUR-DAY STORM EVENT; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.(Public Services)
6. RESOLUTION NO. 2024-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE
MODIFICATION NUMBER TWO TO THE SUBGRANT AGREEMENT BETWEEN
THE CITY OF DANIA BEACH AND THE STATE OF FLORIDA DIVISION OF
EMERGENCY MANAGEMENT FOR A NINE-MONTH EXTENSION TO A
GRANT FOR THE CREATION OF A WATERSHED MASTER PLAN; PROVIDING
FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE.
(Community Development)
7. RESOLUTION NO. 2024-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE
AMENDMENT #2 TO THE MASTER RESEARCH AGREEMENT BETWEEN THE
CITY OF DANIA BEACH AND FLORIDA ATLANTIC UNIVERSITY FOR A
NINE-MONTH EXTENSION TO A GRANT FOR THE CREATION OF A
WATERSHED MASTER PLAN; PROVIDING FOR CONFLICTS; FURTHER
PROVIDING FOR AN EFFECTIVE DATE. (Community Development)
9. BIDS AND REQUESTS FOR PROPOSALS: None
10. QUASI-JUDICIAL & PUBLIC HEARING ITEMS: None
11. FIRST READING ORDINANCES
1. ORDINANCE NO. 2024-______
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 28 “LAND DEVELOPMENT CODE”;
Agenda – Dania Beach City Commission
Tuesday, January 9, 2024 - 7:00 PM
Page 4 of 5
PART 2, “SITE DEVELOPMENT REGULATIONS”; ARTICLE 205, TABULAR
SUMMARY OF SITE DEVELOPMENT STANDARDS FOR ALL ZONING
DISTRICTS”; TO CREATE SECTIONS 205-11 THROUGH 205-16, TO
IMPLEMENT THE CITY’S LIVE LOCAL DEVELOPMENT STANDARDS
PURSUANT TO SECTION 166.04151(7), FLORIDA STATUTES, UNDER THE
LIVE LOCAL ACT; AMENDING ARTICLE 200. – “USER GUIDE FOR PART 2 OF
THE CODE”, TO CREATE SECTION 200-60 ENTITLED "SITE PLAN REVIEW
PROCEDURES FOR APPLICATIONS PURSUANT TO SECTION 166.04151(7),
FLORIDA STATUTES," TO PROVIDE FOR DEVELOPMENT REGULATIONS
AND ADMINISTRATIVE REVIEW OF CERTAIN AFFORDABLE HOUSING
PROJECTS PURSUANT TO STATE LAW; AND CREATING SECTION 200-61
ENTITLED "IMPLEMENTATION PROCEDURES FOR SITE PLANS UTILIZING
“THE LIVE LOCAL ACT"; PROVIDING FOR CODIFICATION, PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING
FOR AN EFFECTIVE DATE. (Community Development)
2. ORDINANCE NO. 2024-______
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, SPECIFICALLY AMENDING A PORTION OF THE CITY OF
DANIA BEACH FUTURE LAND USE MAP AS A SMALL-SCALE AMENDMENT;
CHANGING THE FUTURE LAND USE DESIGNATION ON PROPERTY
LOCATED BETWEEN RAVENSWOOD ROAD AND SW 22ND AVENUE NORTH
OF SW 42ND STREET, AS LEGALLY DESCRIBED IN EXHIBIT “A”, WHICH
CONSISTS OF APPROXIMATELY 0.51 ACRES, CHANGING THE CURRENT
FUTURE LAND USE DESIGNATION FROM (BROWARD COUNTY)
COMMERCE CATEGORY TO (CITY) INDUSTRIAL CATEGORY; AND
CHANGING THE FUTURE LAND USE DESIGNATION FROM (CITY OF
HOLLYWOOD) RECREATION AND OPEN SPACE CATEGORY TO (CITY)
PARKS AND RECREATION CATEGORY ON PROPERTY AS LEGALLY
DESCRIBED IN EXHIBIT “B”, WHICH CONSISTS OF APPROXIMATELY 0.204
ACRES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE. (Community Development)
12. SECOND READING ORDINANCES
1. ORDINANCE NO. 2024-______
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING ORDINANCE 2022-031 AUTHORIZING THE
EXPENDITURE OF CITY FUNDS EXCEEDING ONE MILLION DOLLARS
($1,000,000.00), WHICH EXPENDITURE WAS PROPOSED TO NOT TO EXCEED
THE PROJECT ESTIMATE OF FOUR MILLION EIGHT HUNDRED TWENTY-
ONE THOUSAND FIVE HUNDRED TWENTY DOLLARS ($4,821,520.00); TO
NOW REFLECT THE BID COSTS OF NINE MILLION SEVEN HUNDRED
Agenda – Dania Beach City Commission
Tuesday, January 9, 2024 - 7:00 PM
Page 5 of 5
SEVENTY FOUR THOUSAND FIVE HUNDRED NINETY FIVE DOLLARS
($9,774,595.00), WHICH EXCEEDS THE MONETARY COST ESTIMATE FROM
ORDINANCE 2022-031, TO FUND BID ITB NO. 2023-010 “REHABILITATION OF
LIFT STATIONS 1, 2 AND 3 (RE-BID)” PROJECT; PROVIDING FOR
CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE
DATE. (Public Services)
13. DISCUSSION AND POSSIBLE ACTION
1. Approval of a Call to Artists to Establish an Artist Roster of Pre-Qualified Artists -
Community Development
2. Street Naming Policy - Sponsored by Commissioner James
3. Park Designation - Sponsored by Commissioner Davis
14. APPOINTMENTS
1. - Planning and Zoning Board Vacancy (1) - Commissioner James
15. COMMISSION COMMENTS
1. Commissioner Davis
2. Commissioner James
3. Commissioner Salvino
4. Vice-Mayor Lewellen
5. Mayor Ryan
16. ADJOURNMENT
WHEREAS, Dr. Martin Luther King Jr. devoted his life to advancing equality, social justice, and opportunity for
all and challenged all people to participate in the never-ending work of building a more perfect union through non-
violent means; and
WHEREAS, Dr. King believed immensely in the power of individual action and collective hope to create a brighter
future; and
WHEREAS, Dr. King’s legacy includes such landmark United States Federal laws as the Civil Rights Act of 1964,
the Voting Rights Act of 1965, and the Fair Housing Act of 1968; and
WHEREAS, Dr. King taught us to see the commonality of our dreams, our hopes, and our fears – the threads,
truths, and dignity that bind us together as human beings; and
WHEREAS, Dr. King believed that “the arc of the moral universe is long, but it bends towards justice” and
requires all hands and hearts to keep its course straight and true; and
WHEREAS, the ideals of Dr. Martin Luther King Jr., and of the City of Dania Beach’s commitment to human rights
are worthy of reflection and remind us that improving the quality of life for all members of society is a responsibility
of every member of society; and
WHEREAS, we recognize the need to model Dr. Martin Luther King’s pursuit of unity, equality, and justice to
prevent all forms of discrimination including systemic racism.
NOW, THEREFORE, on behalf of the Dania Beach City Commission, I, Archibald J. Ryan, IV, Mayor of the City of
Dania Beach, Florida, do hereby proclaim Monday, January 15, 2024 as:
Dr. Martin Luther King Jr. Day
in the City of Dania Beach and encourage our citizens to honor the great legacy of Dr. Martin Luther King Jr. by
observing this day and to celebrate, educate, advocate, and serve.
ATTEST:
ELORA RIERA, MMC ARCHIBALD J. RYAN, IV
CITY CLERK MAYOR
Broward’s First City
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: January 9, 2024
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
We closed out the year with key hires and promotions to enhance our programs and facilities and stay
the course that this administration commenced in 2019. The goal is always to remain aligned with the
adopted Strategic Plan of our City Commission and our R.I.S.E. Culture. Our new Deputy Director of
Parks and Recreation is Frank Lazo. He holds a Masters in Recreation and Sports Management and
brings with him 10 years of experience in Parks and Recreation. Mr. Lazo comes to Dania Beach via the
City of Boynton Beach where he was the Assistant Director of Parks and Recreation.
Cassi Waren has been promoted to Director of Parks and Recreation and for the first time in the history
of our City, we have 3 Management employees that are Credentialed Parks and Recreation
Professionals. This year we expect several more of our Parks and Recreation employees to achieve their
goals of becoming Certified professionals!
Mr. Willie was promoted to Cemetery Foreman. We have 3 positions now at the cemetery. Mr. Willie
and Roger Collin’s who is the cemetery caretaker, will be joined by a Cemetery Assistant, a position that
we are currently recruiting for. We have set a very high bar in the maintenance, appearance and
management of our facilities and we are grateful that our City Commission via the budget process has
supported these efforts that are vital and key to the “Renaissance” of Dania Beach.
The Nyberg Swanson House and the IT Parker Center will be fully renovated, and we will celebrate this
year with well planned and executed ribbon cutting ceremonies. We will keep you updated on the
progress. The plan is to move the meetings/activities from the Women’s Club House to the Nyberg
Swanson on a temporary basis as we will shift to the renovation of the Women’s Club House upon the
completion of the Nyberg Swanson.
The Finance Department and Customer Service expansion as well as the atrium and chambers
renovation will commence this summer. The first step is to go from concept approved by City
Commission to design, bidding, and the selection process.
Veterans Park is well underway and at the end of 2023 we completed demolition, debris removal and
installation of sod and a temporary sprinkler system. A beautiful green lawn/open space area has
replaced a large slab of concrete for parking while our parking garage had an abundance of available
spaces. This year, we plan to complete the sidewalk connectivity phase as well as the lighting phase.
We have completed the draft for the 7 acres of Olsen, and we are looking to meet individually with the
City Commission by mid-February with a goal to bring the conceptual design for your approval by the
second meeting in February. Our impact fees from new construction will support our efforts to
commence phase 1.
The Dania After Dark Team has planned a truly exciting Art and Music extravaganza as we open the New
Year with our 1st DAD commencing at 4:00 p.m. on January the 13th. Our Marketing and
Communications Division has been doing an outstanding job casting a very wide net to get the word out.
WSVN/Deco Drive interviewed our very own Director Cassi Waren, and a local Artist as Dania Beach will
kick off the South Florida Art scene! A new Dania Beach News effort further enhances our
communication to our community and the second edition of the “Pioneer” Newsletter will be out this
Spring.
We have developed a very good relationship with Broward County from the County Manager to the
Department of Resiliency. Our concerns with weather phenomenon’s occurring this past April,
November and December and our communications with all of you resulted in our Deputy City Manager
meeting with Dr. Jurado, Broward’s Chief Resiliency Officer and key members of her team. Our concerns
after these last storms and the impact to our beach resulted in an expedited effort to further assess our
pier, and other beach structures such as the restroom facility. Our aggressive and timely investments in
our pier and the overall conditions impressed the Broward County team. However, while our east
bathrooms look good, the proximity to the water is a concern. Candido and I have already shifted our
focus to possibly relocating the restrooms further east. We will meet with all of you to discuss the
possible solution/location and a game plan to successfully execute.
Dania Pointe has a new GM and I have extended an invitation to her to officially be introduced at one of
our upcoming City Commission meetings. We look forward to further enhancing and augmenting our
partnership.
Mayor Ryan, Vice Mayor Lewellen, Commissioner Davis, and I will be heading out to Tallahassee on
Monday, January 15th with meetings set for all day on the 16th to advocate and seek support for City
resiliency/ storm drainage and park projects.
We look forward to a multitude of shovels in the ground, ribbon cuttings, enhanced programs and
activities and working together for the greater good of our City!
City of Dania Beach
100 West Dania Beach Blvd
Dania Beach, Florida 33004
Hearing Date: 01/11/2024
Hearing Agenda Report
Page
1
of
7
Case # Status Hearing Type Property Address Cited Party Default Inspector
2022-00000248 Active H-ABATEMENT - Abatement
Hearing
235 SE 1 ST MM 27 SE 1 LLC Anson Westberry
2022-00001068 Active H-ABATEMENT - Abatement
Hearing
SE PARK ST VED GROUP LLC Anson Westberry
2022-00001506 Active H-EXTENSION - Extension
Hearing
825 E DANIA BEACH BLVD HARE KRISHNA DANIA BEACH LLC Anson Westberry
2022-00001508 Active H-ABATEMENT - Abatement
Hearing
3399 SE 14 AVE FARRELL MARINE HOLDINGS JJ CENTER LLC Anson Westberry
2023-00000497 Active H-EXTENSION - Extension
Hearing
265 S FEDERAL HWY DIAMOND BRIDGE INTERNATIONAL 1 LLC Anson Westberry
2023-00000760 Active H-ABATEMENT - Abatement
Hearing
411 SE 3 PL VOLLMANN, MARIAN E Anson Westberry
2023-00000914 Active H-FIRST HEARING - First
Hearing
218 E DANIA BEACH BLVD VILLAGE AT DANIA BEACH BOULEVARD LLC Anson Westberry
2023-00001036 Active H-FIRST HEARING - First
Hearing
1005 S FEDERAL HWY DANIA MOTEL & APTS LLC Anson Westberry
2023-00001044 Active H-FIRST HEARING - First
Hearing
30 NE 2 AVE KELLY MODIC Anson Westberry
2023-00001076 Active H-FIRST HEARING - First
Hearing
413 SE 3 TER MARIA ECHAVE Anson Westberry
2023-00001095 Active H-FIRST HEARING - First
Hearing
40 SE 7 ST JEITANI, PIERRE Anson Westberry
2023-00001122 Active H-FIRST HEARING - First
Hearing
316 SE 4 ST EUNICE CABRERA Anson Westberry
2023-00001160 Active H-FIRST HEARING - First
Hearing
133 NE 2 AVE BERONES-MULDER, AIDA ARCENA H/E &
MULDER, ROBERT
Anson Westberry
2023-00001174 Active H-FIRST HEARING - First
Hearing
237 SE 1 ST 1217 INVESTMENTS LLC Anson Westberry
2023-00001198 Active H-FIRST HEARING - First
Hearing
123 E DANIA BEACH BLVD MANY MANCUSI Anson Westberry
2023-00001207 Active H-FIRST HEARING - First
Hearing
212 NE 2 CT TILLEMAN, TAMARA RAVEH Anson Westberry
City of Dania Beach
100 West Dania Beach Blvd
Dania Beach, Florida 33004
Hearing Date: 01/11/2024
Hearing Agenda Report
Page
2
of
7
2023-00001240 Active H-FIRST HEARING - First
Hearing
2010 NE 7 AVE CUBESMART LP % PTA-CS # #574 Anson Westberry
2023-00001243 Active H-FIRST HEARING - First
Hearing
28 SE 5 ST EAGLE 2015 LLC Anson Westberry
2023-00001294 Active H-FIRST HEARING - First
Hearing
43 SE 3 PL ATALLAH, GHAZI Anson Westberry
2022-00001543 Active H-EXTENSION - Extension
Hearing
4151 STIRLING RD OAKS CONDO ASSN INC OF BRO Christina Caserta
2023-00000014 Active H-EXTENSION - Extension
Hearing
38 S FEDERAL HWY DANIA CANTERBURY L P Christina Caserta
2023-00001087 Active H-FIRST HEARING - First
Hearing
409 NW 3 PL SF HOME BUYERS LLC Christina Caserta
2023-00001128 Active H-FIRST HEARING - First
Hearing
75 NW 13 AVE RALPH GLENN TROUTMAN II Christina Caserta
2023-00001140 Active H-FIRST HEARING - First
Hearing
105-07 NW 1 AVE SINGH, PARAMVIR Christina Caserta
2023-00001149 Active H-FIRST HEARING - First
Hearing
122 NW 12 AVE CUNNINGHAM, EMMA EST
% NELLIE MAE WILLIAMS
Christina Caserta
2023-00001153 Active H-FIRST HEARING - First
Hearing
113 PHIPPEN RD NATALYA DOMATOV Christina Caserta
2023-00001155 Active H-FIRST HEARING - First
Hearing
1251 W DANIA BEACH BLVD CLJ PROPERTY TR / JACKSON, CASTELLA
TRSTEE
Christina Caserta
2023-00001170 Active H-FIRST HEARING - First
Hearing
NW 13 CT PEREZ, CARLOS JAVIER Christina Caserta
2023-00001312 Active H-FIRST HEARING - First
Hearing
2 SW 6 AVE RA ACQUISITIONS LLC
Christina Caserta
2018-00000245 Active H-ABATEMENT - Abatement
Hearing
5227 SW 40 AVE AXXON RENT REV LAND TR
AXXON RENT LLC TRSTEE Ricky Ali
2020-00000203 Active H-ABATEMENT - Abatement
Hearing
HIDDEN HARBOUR CT OAKS AT HIDDEN HARBOUR ASSN INC Ricky Ali
2022-00001155 Active H-ABATEMENT - Abatement
Hearing
5940 SW 37 AVE HOMESTEAD HOLDINGS 2017 LLC Christina Caserta
2022-00001361 Active H-ABATEMENT - Abatement
Hearing
49 SW 11 ST MANZALIKO LLC Michelle Shahryar
City of Dania Beach
100 West Dania Beach Blvd
Dania Beach, Florida 33004
Hearing Date: 01/11/2024
Hearing Agenda Report
Page
3
of
7
2022-00001561 Active H-EXTENSION - Extension
Hearing
1000 PHIPPEN RD TRUST CAPITAL INVESTMENTS LLC
Michelle Shahryar
2023-00000401 Active H-EXTENSION - Extension
Hearing
1500 SW 2 AVE GUARANTEED INVESTMENT II LLC Michelle Shahryar
2023-00000411 Active H-EXTENSION - Extension
Hearing
224 SW 12 ST KHACHATRYAN SIRANUSH Michelle Shahryar
2023-00000830 Active H-FIRST HEARING - First
Hearing
212 SW 2 TER SIGNORE, PETER ANTHONY III Michelle Shahryar
2023-00000866 Active H-FIRST HEARING - First
Hearing
222 SW 3 TER PETUSHKOV, OLEKSII/ PETUSHKOVA,
MARYNA
Michelle Shahryar
2023-00000869 Active H-FIRST HEARING - First
Hearing
205 SW 2 ST ROBERSON, ALICE Michelle Shahryar
2023-00000916 Active H-FIRST HEARING - First
Hearing
261 SW 5 ST ROJAS, BRIAN Michelle Shahryar
2023-00000937 Active H-CONFIRMATION -
Confirmation Hearing
22 SW 6 AVE SABA FL PROPERTIES LLC Michelle Shahryar
2023-00000947 Active H-FIRST HEARING - First
Hearing
710 SW 3 PL FONOV, DIMITRI I UZBEK
FONOV, VICTOR IVAN
Michelle Shahryar
2023-00000948 Active H-FIRST HEARING - First
Hearing
731 SW 3 PL SABA FL PROPERTIES LLC Michelle Shahryar
2023-00001006 Active H-FIRST HEARING - First
Hearing
712 SW 10 ST BATTLE, CASSANDRA J Michelle Shahryar
2023-00001031 Active H-FIRST HEARING - First
Hearing
711 SW 3 PL DION & TACIANA MCDANIEL Michelle Shahryar
2023-00001045 Active H-FIRST HEARING - First
Hearing
762 SW 3 ST SHIRAN ALIZA PILO Michelle Shahryar
2023-00001082 Active H-FIRST HEARING - First
Hearing
355 PHIPPEN RD 1-5 SIMMONS, FAYE
WILLIAMS, EVELYN EST
Michelle Shahryar
2023-00001121 Active H-FIRST HEARING - First
Hearing
257 SW 3 PL MACE EUGENE & ANGELINDA Michelle Shahryar
2023-00001156 Active H-FIRST HEARING - First
Hearing
364 SW 4 CT HDQ364 LLC Michelle Shahryar
2023-00001164 Active H-FIRST HEARING - First
Hearing
250 SW 12 ST RAMOS, OPHELIA Michelle Shahryar
City of Dania Beach
100 West Dania Beach Blvd
Dania Beach, Florida 33004
Hearing Date: 01/11/2024
Hearing Agenda Report
Page
4
of
7
2023-00001165 Active H-FIRST HEARING - First
Hearing
224 SW 14 ST GREAT MIAMI REAL ESTATE
INVESTMENT & MANAGEMENT LLC
Michelle Shahryar
2023-00001248 Active H-FIRST HEARING - First
Hearing
414 PHIPPEN RD SAP RE HOLDINGS LLC Michelle Shahryar
2023-00001266 Active H-FIRST HEARING - First
Hearing
717 SW 8 ST CLARENCE & GAIL JONES Michelle Shahryar
2023-00001370 Active H-FIRST HEARING - First
Hearing
754 SW 3 PL CD FLORIDA PROPERTIES LLC Michelle Shahryar
2023-00001411 Active H-REPEAT HEARING -
Repeat Hearing
PHIPPEN RD WILEY, IRIAM B Michelle Shahryar
2023-00001446 Active H-FIRST HEARING - First
Hearing
373 PHIPPEN RD ELI BOHADANAH Michelle Shahryar
2023-00001448 Active H-RECURRING - Recurring
Hearing
307 W DIXIE HWY 307 W DIXIE LLC Michelle Shahryar
2015-00000417 Active H-ABATEMENT - Abatement
Hearing
401 SE 5 ST Contractors & Builders Nemesio Huaman Corp Ricky Ali
2018-00001667 Active H-ABATEMENT - Abatement
Hearing
306 NE 2 CT DENNIS MURPHY Ricky Ali
2023-00000413 Active H-EXTENSION - Extension
Hearing
510 SW 2 AVE ORTEGA, VICTORIA Ricky Ali
2023-00000536 Active H-EXTENSION - Extension
Hearing
4548 SW 24 AVE WAHBA, ALBERT Ricky Ali
2023-00000552 Active H-EXTENSION - Extension
Hearing
4685 SW 33 AVE DAMARI, HILA
YAISH, YESHAYA
Ricky Ali
2023-00000567 Active H-EXTENSION - Extension
Hearing
4824 SW 45 AVE KADOSH, EZER-UZI Ricky Ali
2023-00000859 Active H-FIRST HEARING - First
Hearing
4 N FEDERAL HIGHWAY 4 DANIA BEACH HOLDINGS LLC Ricky Ali
2023-00000867 Active H-FIRST HEARING - First
Hearing
822 ARGONAUT ISLE LEIVA, ELIZABETH CRUZ
LEON, MAIKEL PENA
Ricky Ali
2023-00000871 Active H-FIRST HEARING - First
Hearing
4440 SW 26 AVE ROPIZA, ANTONIO
ROPIZA, MARIA TANG
Ricky Ali
2023-00000879 Active H-FIRST HEARING - First
Hearing
17 MONROE UDELL ST F & G REAL ESTATE HOLDINGS LLC Ricky Ali
City of Dania Beach
100 West Dania Beach Blvd
Dania Beach, Florida 33004
Hearing Date: 01/11/2024
Hearing Agenda Report
Page
5
of
7
2023-00000895 Active H-FIRST HEARING - First
Hearing
4337 SW 49 ST SULEMA, DAVID
ASSAF, YOSI
Ricky Ali
2023-00000951 Active H-FIRST HEARING - First
Hearing
4520 SW 34 AVE LEVI, ELIOR Ricky Ali
2023-00000952 Active H-FIRST HEARING - First
Hearing
3251 SW 44 ST 100 NADEAU, MANON Ricky Ali
2023-00000954 Active H-FIRST HEARING - First
Hearing
3251 SW 44 ST 102 APPZO LLC Ricky Ali
2023-00000955 Active H-FIRST HEARING - First
Hearing
3251 SW 44 ST 103 FAZZT HOLDINGS LLC Ricky Ali
2023-00000956 Active H-FIRST HEARING - First
Hearing
3251 SW 44 ST 104 RODRIGUEZ, MILAGROS Ricky Ali
2023-00000958 Active H-FIRST HEARING - First
Hearing
3251 SW 44 ST 106 PODRUG, NATALJA Ricky Ali
2023-00000960 Active H-FIRST HEARING - First
Hearing
3251 SW 44 ST 200 DROBNICH, MARK A Ricky Ali
2023-00000961 Active H-FIRST HEARING - First
Hearing
3251 SW 44 ST 201 GUEDJ, ELHAZAR YOHAY Ricky Ali
2023-00000962 Active H-FIRST HEARING - First
Hearing
3251 SW 44 ST 202 OCANA, BRYAN Ricky Ali
2023-00000963 Active H-FIRST HEARING - First
Hearing
3251 SW 44 ST 203 HEWITT,JOSEPH Ricky Ali
2023-00000964 Active H-FIRST HEARING - First
Hearing
3251 SW 44 ST 204 DROBNICH, MARK Ricky Ali
2023-00000965 Active H-FIRST HEARING - First
Hearing
3251 SW 44 ST 205 ZENGOLDABIL LLC Ricky Ali
2023-00000966 Active H-FIRST HEARING - First
Hearing
3251 SW 44 ST 206 HARTWIG, CLAY & DAISY Ricky Ali
2023-00001061 Active H-FIRST HEARING - First
Hearing
5169 SW 28 AVE WRIGHT, SHALEIGHA Ricky Ali
2023-00001079 Active H-FIRST HEARING - First
Hearing
4521 SW 42 AVE ROBERTO BOUZO Ricky Ali
2023-00001080 Active H-FIRST HEARING - First
Hearing
SW 40 AVE OAK HILLS CONDOMINIUM INC Ricky Ali
City of Dania Beach
100 West Dania Beach Blvd
Dania Beach, Florida 33004
Hearing Date: 01/11/2024
Hearing Agenda Report
Page
6
of
7
2023-00001135 Active H-FIRST HEARING - First
Hearing
4400 SW 37 AVE SAGIV, GILA
SAGIV, KELLEY
Ricky Ali
2023-00001183 Active H-FIRST HEARING - First
Hearing
4680 SW 32 AVE DANIA RIVERFRONT LLC Ricky Ali
2023-00001184 Active H-FIRST HEARING - First
Hearing
4664 SW 32 AVE DANIA RIVERFRONT LLC Ricky Ali
2023-00001185 Active H-FIRST HEARING - First
Hearing
SW 32 AVE INBI HOLDINGS LLC Ricky Ali
2023-00001186 Active H-FIRST HEARING - First
Hearing
4610 SW 34 DR TY GOOSE Ricky Ali
2023-00001187 Active H-FIRST HEARING - First
Hearing
4696 SW 32 AVE BRAD JINDRICH Ricky Ali
2023-00001191 Active H-FIRST HEARING - First
Hearing
4407 SW 37 AVE KANE, MICHAEL Ricky Ali
2023-00001192 Active H-FIRST HEARING - First
Hearing
4520 SW 43 AVE FINE LINE PROPERTY HOLDINGS LLC Ricky Ali
2023-00001202 Active H-FIRST HEARING - First
Hearing
4327 SW 50 ST ISRAEL SHARVIT & LITAL GVAIZON Ricky Ali
2023-00001210 Active H-FIRST HEARING - First
Hearing
125 SW 5 CT LIVE CHEAP LLC Ricky Ali
2023-00001225 Active H-FIRST HEARING - First
Hearing
5505 SW 44 TER RODAS, JOSE ANTONIO FUNES SR Ricky Ali
09-0247 Active H-ABATEMENT - Abatement
Hearing
505 SW 12 AVE HAROLD A LE DAVIS Alberto Chavarria
2021-00001490 Active H-ABATEMENT - Abatement
Hearing
2411 SW 58 MNR ASSAF YOSI` Windy Damis
2022-00000453 Active H-FORECLOSURE -
Foreclosure Hearing
PHIPPEN RD WILEY, MIRIAM B
Michelle Shahryar
2016-00000189 Active H-FORECLOSURE -
Foreclosure Hearing
PHIPPEN RD MIRIAM B WILEY Windy Damis
2020-00000061 Active H-FIRST HEARING - First
Hearing
702 SE 3 CT JASON KIRKCALDY
JAMIE L DIMAURO
Windy Damis
2023-00000217 Active H-EXTENSION - Extension
Hearing
4975 SW 28 AVE AVERY, VIVIAN Windy Damis
City of Dania Beach
100 West Dania Beach Blvd
Dania Beach, Florida 33004
Hearing Date: 01/11/2024
Hearing Agenda Report
Page
7
of
7
2023-00000355 Active H-EXTENSION - Extension
Hearing
5635 SW 24 AVE IELC LAND TR
MEDINA, A & MEDINA, C TRSTEES
Windy Damis
2023-00000482 Active H-EXTENSION - Extension
Hearing
2340 SW 51 CT DROUIN, YVES
DROUIN, SYLVIE FORTIN ETAL
Windy Damis
2023-00000489 Active H-EXTENSION - Extension
Hearing
2330 SW 51 CT FAGUY, DALTON RICHARD Windy Damis
2023-00000643 Active H-ABATEMENT - Abatement
Hearing
3011 SW 51 ST RIVERA,EDY A & BIBIAN L Windy Damis
2023-00000902 Active H-EXTENSION - Extension
Hearing
5231 SW 26 TER CORTEZ, ELIAS
CORTEZ, ZUHEY
Windy Damis
2023-00000996 Active H-FIRST HEARING - First
Hearing
2512 SW 55 ST HELLWIG, MARY LOU H/E
RATOFF, RONALD
Windy Damis
2023-00000997 Active H-FIRST HEARING - First
Hearing
2508 SW 55 ST ADRIENNE MEYER TAMALAVICH
ADRIENNE M TAMALAVICH REV LIV TR
Windy Damis
2023-00001065 Active H-FIRST HEARING - First
Hearing
4989 SW 32 TER POWELL, RICHARD S &
POWELL, JOANNE A
Windy Damis
2023-00001146 Active H-FIRST HEARING - First
Hearing
2270 SW 51 CT VALDES, MARTHA NATACHA Windy Damis
2023-00001171 Active H-FIRST HEARING - First
Hearing
2051 GRIFFIN RD 2051 GRIFFIN ROAD LLC Windy Damis
2023-00001180 Active H-FIRST HEARING - First
Hearing
SW 21 LN ESTATES OF FT LAUD PROP OWNERS ASSOC Windy Damis
2023-00001181 Active H-FIRST HEARING - First
Hearing
4550 RAVENSWOOD RD ESTATES OF FT LAUD PROP OWNERS ASSOC Windy Damis
2023-00001182 Active H-FIRST HEARING - First
Hearing
SW 54 ST ESTATES OF FT LAUD PROP OWNERS ASSOC Windy Damis
2023-00001284 Active H-FIRST HEARING - First
Hearing
4830 SW 28 TER N & D HOLDING INC Windy Damis
2023-00001285 Active H-FIRST HEARING - First
Hearing
5001 SW 27 AVE EVANS, BRENT H/E
TOMASSI, PIETRO
Windy Damis
2023-00001286 Active H-FIRST HEARING - First
Hearing
5512 LAGOON DR VELO, LOUISE Windy Damis
2023-00001287 Active H-FIRST HEARING - First
Hearing
3211 ROYAL PALM CT PSARAS, GEORGIOS A
Windy Damis
MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, DECEMBER 12, 2023 – 7:00 P.M.
1.CALL TO ORDER/ROLL CALL
Mayor Ryan called the meeting to order at 7:04 p.m.
Present:
Mayor: A. J. Ryan IV
Vice-Mayor: Lori Lewellen
Commissioners: Joyce L. Davis
Tamara James
Marco A. Salvino, Sr.
City Manager: Ana M. Garcia, ICMA-CM
City Attorney: Eve Boutsis
City Clerk: Elora Riera, MMC
2.MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE
Mayor Ryan called for a moment of silence followed by the Pledge of Allegiance to the United
States Flag.
3.PRESENTATIONS AND SPECIAL EVENT APPROVALS
3.1 Principal Dr. Tracy D. Jackson, Collins Elementary - Sponsored by Mayor Ryan
Principal Dr. Tracy D. Jackson thanked the Commission for their ongoing support of Collins
Elementary School.
City Manager Garcia gave a $1,000.00 donation from her contingency funds to Collins
Elementary School.
3.2 Autism Certified City Presentation by Meridith Tekin - Sponsored by Commissioner
Davis
Commissioner Davis introduced the item.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, December 12, 2023 – 7:00 p.m.
2
Meridith Tekin spoke and provided a presentation on how the city can become an autism
certified city.
3.3 American Legion Post 304 Update by Gunny Savage - City Manager's Office
Gunny Savage provided an update on the American Legion Post 304. He presented a plaque,
sign and flag to the City.
3.4 Florida American Legion Boys State Program Update - Sponsored by Mayor Ryan
Mayor Ryan provided an update on Boys State.
John Serrao and Samuel Vaknin spoke about their experience with Boys State and Commander
Anderson thanked the Commission for their support.
3.5 Recognition to Commissioner Salvino for Sponsoring the Employee Picnic - Human
Resources
City Manager Garcia and Chief Human Resources Officer, Linda Gonzalez presented
Commissioner Salvino with a token of appreciation and thanked him for sponsoring the
Employee Picnic.
Commissioner Salvino thanked City Manager Garcia, Chief Human Resources Officer Linda
Gonzalez and City staff.
3.6 Parks & Recreation Teen Summer Camp Video - Parks and Recreation
Deputy Parks and Recreation Director Cassi Waren introduced the item and presented a video of
the summer camp activities.
Elijah Damus, Vice President of the Youth Advisory Council spoke about his experience at the
Teen Summer Camp.
3.7 Update on the Nyberg Swanson Renovation - Public Services
This item was heard after item 3.8.
Director of Public Services Fernando Rodriguez provided an update on the Nyberg Swanson
renovation.
3.8 Special Event Application - Dania Pointe 2024 Events - Parks and Recreation
This item was heard after item 3.6.
City Manager Garcia commented that these have been reviewed and approved by all
departments.
Consensus to approve items 3.8, 3.9, 3.10 and 3.11.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, December 12, 2023 – 7:00 p.m.
3
3.9 Special Event Application - 2024 MLK Event & Parade - Parks and Recreation
This item was heard under item 3.8.
3.10 Special Event Application - Mr. Green Fruit & Vegetable Sales - Parks and
Recreation
This item was heard under item 3.8.
3.11 Special Event Application - Panther Fireworks - Parks and Recreation
This item was heard under item 3.8.
4.PROCLAMATIONS
None.
5.ADMINISTRATIVE REPORTS
5.1 City Manager
City Manager Garcia said the City has been monitoring the weather and it is anticipated that the
City will receive heavy rainfall over the next few days. The City is prepared for the coming
rains. She thanked the City Commission for their support on the budget to allow Dania Beach to
move forward. She reviewed the upcoming Dania After Dark events and encouraged all residents
to come out. She gave an update on the electric vehicle charging stations at City Hall and noted
that Code Compliance is inspecting all businesses in the City for Business Tax Receipts. The
City is very proud of the historic Nyberg Swanson House and she is looking forward to the
ribbon cutting at the end of the year. She wished everyone happy holidays.
Commissioner James asked what was done to the electric vehicle charging stations and how the
City is going to manage the parking lot. City Manager Garcia responded that a Request for
Proposal was put out to upgrade the City’s electric vehicle charging stations to allow for faster
charging. The City’s goal is to improve the service for the residents and those that visit the City.
5.2 City Attorney
- Discussion Regarding the PATCH
City Attorney Boutsis noted it was raised during the CRA meeting that the City would like to
hold a workshop between the CRA, Commission and City Staff regarding what to do with the
PATCH. The City Clerk will be contacting everyone to coordinate a meeting in January.
5.3 City Clerk - Reminders
City Clerk Riera reminded the Commission of the following upcoming meetings:
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, December 12, 2023 – 7:00 p.m.
4
- January 9, 2024 - CRA Board Meeting -5:30 p.m.
- January 9, 2024 - City Commission Meeting - 7:00 p.m.
- January 23, 2024 - Commission Workshop on Social Media - 5:00 p.m.
- January 23, 2024 - City Commission Meeting - 7:00 p.m.
City Attorney Boutsis commented that she sent an email to the Commission to seek direction
about a workshop on the Form 6 for February 27, 2023, and inquired if the Commission would
be interested in a workshop by Robert Myers for assistance. The Commission agreed to hold a
workshop on February 27, 2023.
City Manager Garcia noted that the City is working on a Request for Proposal for the audio at
City Hall.
City Clerk Riera commented that she will be in touch with the Commission once the date and
time for the workshop has been confirmed.
6.PUBLIC SAFETY REPORTS
Captain Tarala provided an update on recent arrests, criminal activity in the City and a Federal
Firearms Investigation on one of the residents. He informed the Commission that all speed
trailers and LPR trailers are out in the City for the holiday season. He spoke about upcoming
events the Sheriff’s office will be holding in the community and gave an update on homeless
outreach.
Fire Chief Pellecer thanked Dania Pointe for allowing the firefighters to train at their buildings.
He thanked the City Manager, Deputy City Manager Sosa-Cruz, the Mayor, and Commissioners
for their support over the last year and for putting a 3rd rescue truck in service. This could not
have been accomplished without their support. He thanked the City and the Commission for
their support of the 9/11 commemoration. He is proud that the City’s fire department took part in
flying the flag at the Dania After Dark Veteran’s Day event and commented that Dania After
Dark has been taken to a new level. The department has been meeting with the seniors in the
community and they recently handed out the File of Life card for citizens to put on their
refrigerator listing what medications and medical history. He anticipates a lot of milestones in
2024.
7.CITIZENS’ COMMENTS
The following spoke under public comments:
- Polly Jones Mosley – 701 W. Dania Beach Blvd.
- Kim Watkins – 217 NW 6th Avenue
- William Dunaske – 4464 SW 37th Avenue
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.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, December 12, 2023 – 7:00 p.m.
5
8.1 Minutes: November 14, 2023 City Commission Meeting
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 APPROVE A CHANGE
ORDER WITH TEAM CONTRACTING, INC. FOR MATERIALS AND LABOR FOR THE
“SIDEWALK DEMOLITION AND INSTALLATION, TIER I” PROJECT AUTHORIZING
THE EXPENDITURE OF FUNDS IN THE AMOUNT OF ONE HUNDRED THIRTEEN
THOUSAND ONE HUNDRED SEVENTY FIVE DOLLARS AND FIFTY-ONE CENTS
($113,175.51) THAT IS WITHIN THE APPROVED CONTRACTED AMOUNT; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services)
Approved under consent agenda.
8.4 RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE RANKING OF CONSULTING FIRMS THAT
RESPONDED TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 23-020,
“CONSTRUCTION, ENGINEERING AND INSPECTION SERVICES FOR THE SOUTHEST
DRAINAGE PROJECT”, AND SELECTING ALLY ENGINEERING SERVICES, INC. AS
THE FIRST RANKED FIRM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.(Public Services)
Approved under consent agenda.
8.5 RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A ONE (1)
YEAR RENEWAL OF THE EXISTING AGREEMENT WITH BEACH RAKER, LLC, FOR
BEACH CLEANING SERVICES WHICH SERVICES SHALL NOT EXCEED THE ANNUAL
AMOUNT OF ONE HUNDRED SIX THOUSAND TWO HUNDRED DOLLARS
($106,200.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (Parks and Recreation)
Approved under consent agenda.
8.6 RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, ALLOCATING ADDITIONAL AMERICAN RESCUE PLAN ACT STATE
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, December 12, 2023 – 7:00 p.m.
6
AND LOCAL FISCAL RECOVERY FUND PROCEEDS TO THE CITY’S RESIDENTIAL
STORM PROTECTION PROGRAM; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (Finance)
Approved under consent agenda.
8.7 RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING A DRINKING WATER STATE REVOLVING FUND
PLANNING LOAN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION FOR THE DESIGN OF AN ADVANCED WATER
METER READING SYSTEM (AMR) AND AUTOMATED METER INFRASTRUCTURE
SYSTEM (AMI); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (Finance)
Approved under consent agenda.
8.8 RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE APPROPRIATION OF ADMINISTRATIVE IMPACT
FEES FOR THE DESIGN OF CITY HALL EXPANSION INSIDE THE ATRIUM AND THE
MODERNIZATION OF THE ATRIUM AND CITY COMMISSION CHAMBER. (Finance)
Approved under consent agenda.
8.9 RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPROVE TWO
CHANGE ORDERS TO MODIFY THE SCOPE OF THE AGREEMENT WITH
INDUSTRIAL MAINTENANCE SERVICES, INC. FOR CONCRETE CRACK REPAIRS
AND ELECTRICAL PANEL REWIRING AND IMPROVEMENTS FOR THE DANIA
BEACH PIER REPAIR PROJECT; AUTHORIZING THE USE OF PREVIOUSLY
AUTHORIZED FUNDS IN THE AMOUNT OF FIFTY THOUSAND TWO HUNDRED
ELEVEN DOLLARS AND TWENTY-SIX CENTS ($50,211.26) THAT IS WITHIN THE
APPROVED CONTINGENCY FOR THE UNDERLYING CONTRACT; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public
Services)
Approved under consent agenda.
8.10 RESOLUTION NO. 2023-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING ADDITIONAL FUNDING FOR THE PURCHASE OF SEVEN
(7) PREVIOUSLY APPROVED FORD MAVERICK VEHICLES, DUE TO
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, December 12, 2023 – 7:00 p.m.
7
UNAVAILABILITY OF THE APPROVED MODEL AND THE AVAILABILITY OF A
SLIGHTLY DIFFERENT MODEL, IN AN AMOUNT NOT TO EXCEED TWENTY THREE
THOUSAND THREE HUNDRED TEN DOLLARS ($23,310.00) FROM BACHRODT FT
(DBA PALMETTO FORD), WITHOUT COMPETITIVE BIDDING AND WITHOUT
ADVERTISEMENT FOR BIDS, BY UTILIZING THE PRICING UNDER THE FLORIDA
SHERIFFS ASSOCIATION (“FSA”) CONTRACT FSA23-VEL31.0; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services)
Approved under consent agenda.
8.11 RESOLUTION NO. 2023-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, ADOPTING A PROGRAM FOR PUBLIC INFORMATION (PPI) DOCUMENT
WHICH INCLUDES THE FLOOD INSURANCE COVERAGE IMPROVEMENT PLAN,
AND THE FLOOD RESPONSE PREPARATION PLAN TO EDUCATE THE COMMUNITY
PERTAINING TO FLOODPLAIN MANAGEMENT AND REGULATION; PROVIDING FOR
CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. (Community
Development)
Approved under consent agenda.
8.12 RESOLUTION NO. 2023-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, ADOPTING CYBERSECURITY STANDARDS IN COMPLIANCE WITH
FLORIDA STATUTES SECTION 282.3185(4)(A), DELEGATING ALL CYBERSECURITY
AUTHORITY TO THE CITY MANAGER, AND AUTHORIZING THE CITY MANAGER TO
RESPOND TO CYBER THREATS AND TAKE APPROPRIATE ACTION AS NEEDED;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(Finance)
Approved under consent agenda.
8.13 RESOLUTION NO. 2023-______
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE
PROPER CITY OFFICIALS TO EXECUTE A RETROACTIVE AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND THE CITY OF DANIA BEACH, PROVIDING FOR
MUTUAL AID EMERGENCY SERVICES; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (Finance)
Approved under consent agenda.
8.14 RESOLUTION NO. 2023-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO AMENDED THE
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, December 12, 2023 – 7:00 p.m.
8
AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND WSP USA, INC., IN
ORDER TO CHANGE OF SCOPE OF THE AN EXISTING AGREEMENT FOR THE
SOUTHEAST DRAINAGE PROJECT TO ELIMINATE CONSTRUCTION ENGINEERING
INSPECTION (CEI), AND ADDING IN THE FOLLOWING SERVICES: POST
ENGINEERING SERVICES INCLUDING ADDRESSING REQUESTS FOR INFORMATION
(RFI) SUBMITTALS, REVIEWING DESIGN CHANGES FOR UNFORESEEN
CONDITIONS, AND PREPARING RECORD DRAWINGS; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services)
Approved under consent agenda.
8.15 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 THE AGREEMENT EXISTING BETWEEN THE CITY AND WESTREC
MARINA MANAGEMENT, INC. (“WESTREC”) TO EXTEND THE MONTH TO MONTH
SERVICES FOR UP TO AN ADDITIONAL NINETY (90) DAYS THROUGH MARCH 31,
2024, UNDER THE EXISTING PRICING, TERMS, AND CONDITIONS; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Parks & Recreation)
Approved under consent agenda.
8.16 RESOLUTION NO. 2023-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO AMEND THE
AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND BURKHARDT
CONSTRUCTION, INC., INCREASING THE TIME PERIOD FOR PRECONSTRUCTION
SERVICES BY UP TO 120 DAYS, UNDER THE CONSTRUCTION MANAGER AT RISK
AGREEMENT FOR C.W. THOMAS PARK IMPROVEMENTS; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Parks & Recreation)
Approved under consent agenda.
8.17 RESOLUTION NO. 2023-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE USE OF A SOLE SOURCE VENDOR, CIVICPLUS LLC,
FOR PURCHASING CIVICENGAGE EVOLVE MUNICIPAL WEBSITE,
IMPLEMENTATION, AND TRAINING SERVICES UNDER A THREE YEAR
AGREEMENT; AND TO EXCEED THE CITY’S ANNUAL VENDOR PURCHASING
THRESHOLD AMOUNT OF FIFTY THOUSAND ($50,000.00); PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Information
Technology)
Approved under consent agenda.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, December 12, 2023 – 7:00 p.m.
9
9.BIDS AND REQUESTS FOR PROPOSALS
None.
10.QUASI-JUDICIAL HEARINGS
10.1 RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING THE PLAT NOTE AMENDMENT (DR-082-23) FOR “THE NCL
PLAT”; OF APPLICANT, FLL AIRPORT LODGING, LLC, FOR PROPERTY LOCATED AT
GULFSTREAM WAY, WITHIN THE CITY OF DANIA BEACH, FLORIDA; AS LEGALLY
DESCRIBED IN EXHIBIT "A" ("PROPERTY"), A COPY OF WHICH IS ATTACHED TO
THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (Community Development)
City Attorney Boutsis read the title of the resolutions for items 10.1 and 10.2 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 Vice Mayor Lewellen and Commissioner James stated that they spoke with the
attorney for the developer and can remain impartial.
Senior Planning and Zoning Manager Claudia V. Batista 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 items 10.1 and 10.2. The motion was
seconded by Commissioner Davis which carried 5-0 on roll call vote.
10.2 RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING THE SITE PLAN (SP-040-23) AND VARIANCES (VA-065-23,
VA-066-23, VA-067-23 AND VA-076-23) OF APPLICANT, FLL AIRPORT LODGING, LLC,
FOR PROPERTY LOCATED AT GULFSTREAM WAY, WITHIN THE CITY OF DANIA
BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A" ("PROPERTY"), A COPY
OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONDITIONS;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(Community Development)
This item was taken with item 10.1.
10.3 RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING THE SITE PLAN (SP-019-09 MOD) AND VARIANCE (VA-039-
23) APPLICATIONS, SUBMITTED BY THE PROPERTY OWNER, 4300 RAVENSWOOD
LLC, FOR PROPERTY LOCATED AT 4300 RAVENSWOOD ROAD IN THE CITY OF
DANIA BEACH, FLORIDA AS LEGALLY DESCRIBED IN EXHIBIT “A”, A COPY OF
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, December 12, 2023 – 7:00 p.m.
10
WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development)
City Attorney Boutsis read the title of the resolution into the record and swore in anyone who
may be speaking on the item. She also asked for any disclosures as to the application and both
Commissioner James and Commissioner Salvino stated that they spoke with someone and can
remain impartial.
Deputy Director of Community Development Corinne Lajoie introduced the item.
Mayor Ryan opened the floor to public comments and the following spoke:
- Dave Reich – 4161 SW 22nd Avenue
- William Dunaske – 4464 SW 37th Avenue
Public comments were closed.
Attorney Richard Coker for the applicant, spoke to provide a response on the public comment
and discussion ensued about the use of the building and the public’s concern of the possibility of
hazardous waste runoff.
General Manager, James Obrien of NexTran explained the use of the accessory building.
Director of Community Development Eleanor Norena spoke on the matter.
Commissioner Salvino made a motion to approve the resolution. The motion was seconded
by Vice Mayor Lewellen which carried 4-1 on roll call vote with Commissioner Davis
voting no.
10.4 RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN MODIFICATION (SP-023-
23MOD), OF APPLICANT, FRANMAR PROPERTIES OF SOUTH FLORIDA LLC,
FOR PROPERTY LOCATED AT 2181 SW 42nd STREET IN THE CITY OF DANIA BEACH,
FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT “A”, A COPY OF WHICH IS
ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (Community Development)
City Attorney Boutsis read the title of the resolution into the record 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.
Mayor Ryan opened the floor to public comments and the following spoke:
- Dave Reich – 4161 SW 22nd Avenue
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, December 12, 2023 – 7:00 p.m.
11
- Derrick Hankerson – 746 SW 3rd Street
- Leigh Kerr - 808 East Las Olas Blvd.
Commissioner James made a motion to approve the resolution. The motion was seconded
by Vice Mayor Lewellen which carried unanimously on voice vote.
FIRST READING ORDINANCES
11.1 ORDINANCE NO. 2023-____
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AMENDING ORDINANCE 2022-031 AUTHORIZING THE EXPENDITURE OF
CITY FUNDS EXCEEDING ONE MILLION DOLLARS ($1,000,000.00), WHICH
EXPENDITURE WAS PROPOSED TO NOT TO EXCEED THE PROJECT ESTIMATE OF
FOUR MILLION EIGHT HUNDRED TWENTY-ONE THOUSAND FIVE HUNDRED
TWENTY DOLLARS ($4,821,520.00); TO NOW REFLECT THE BID COSTS OF NINE
MILLION SEVEN HUNDRED SEVENTY FOUR THOUSAND FIVE HUNDRED NINETY
FIVE DOLLARS ($9,774,595.00), WHICH EXCEEDS THE MONETARY COST ESTIMATE
FROM ORDINANCE 2022-031, TO FUND BID ITB NO. 2023-010 “REHABILITATION OF
LIFT STATIONS 1, 2 AND 3 (RE-BID)” PROJECT; 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 Director of Public Services Dincer Ozaydin introduced the item.
Vice Mayor Lewellen made a motion to approve the ordinance on first reading. The motion
was seconded by Commissioner Davis which carried 3-0 on voice vote with Commissioner
James and Commissioner Salvino absent for the vote.
11.SECOND READING ORDINANCES
12.1 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)
City Attorney Boutsis read the title of the ordinance into the record.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, December 12, 2023 – 7:00 p.m.
12
City Manager Garcia introduced the item and presented an amendment to the Ordinance
proposed by Commissioner Salvino to implement a City-wide quiet time between the hours of 11
p.m. to 7 a.m. Monday through Sunday and to provide a monthly report to the Commission.
Deputy City Manager Sosa-Cruz provided additional information and clarification on the 100
feet distance and time allowance.
Commissioner James said she appreciates the diligence, but quiet zone still says 100 feet. The
City needs to be careful as we have places on the beach and at Dania Pointe where the City needs
to be careful of their own ordinances. The ordinance concerns her, and she thinks they can find a
compromise.
Deputy City Manager Sosa-Cruz responded that the beach and Dania Pointe have a different
process. The City is trying to be fair and transparent and have our residents understand the law
and allow the officers to enforce it.
Commissioner James said she would be comfortable with changing the times to find a balance.
Commissioner Salvino commented that he has received a lot of phone calls from residents, and
this is a tough subject. He said most people get along with their neighbors and questioned how
many complaints the City has received over the last year.
City Attorney Boutsis responded that the City has 35,000 residents and the City had 711 noise
complaints in 2023.
Commissioner Salvino said most complaints probably came from the same person or are from
Airbnb’s. The City will not cure the problem but needs to start somewhere and adjust if needed.
People are respectful in most cases, and he is in favor of starting someplace. We have to trust
our staff and administration.
Deputy City Manager Sosa-Cruz responded that the City will be putting it on the agenda every
month. BSO will be adding it to their safety report and there will be a line item every month for
noise complaints. The City will revisit it as needed.
Commissioner Davis thanked staff and the City administration for trying to find a balance. She
does believe noise is personal to one’s quality of life. She has done her due diligence within her
neighborhood, and she believes that the 11 p.m. time is not a good quiet time for someone with
children or elderly people. She is concerned with the time frame and distance.
Deputy City Manager Sosa Cruz asked for a distance and time she is comfortable with, and
Commissioner Davis responded 50 feet and maybe 10 p.m.
Mayor Ryan opened the floor to public comments and the following spoke:
- Bobbie H. Grace – 110 NW 8th Avenue
- Andre Dessureault – 306 SE 3rd Street
- Rhonda Bachmann – 306 SE 3rd Street
- Gerald Campbell – 1118 SE 6th Avenue
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, December 12, 2023 – 7:00 p.m.
13
- Ronald Koenig – 360 SE 6th Street
- Denise Koenig – 360 SE 6th Street
- Bob Adams – 330 SE 3rd Terrace
- Derrick Hankerson – 746 SW 3rd Street
- Shawn DeRosa – 408 SE 5th Street
- Rae Lair – 5650 SW 32nd Terrace
- Betty Sokol – 609 NW 10th Street
- Christopher Johnston – 745 NW 12th Avenue
- Brenda Lee Chalifour – 814 NW 10th Avenue
Deputy City Manager Sosa-Cruz thanked the residents for coming out to express their opinions
and stated everything the City does is to protect residents’ property rights, business property
rights and increase the quality of life for all residents.
Vice Mayor Lewellen thanked the residents for being patient tonight and thanked Commissioner
Salvino for his suggestions as they are thoughtful and reasonable. She said she has received
numerous communications in support of this ordinance, and this is an ordinance that is
reasonable and enforceable. She made note of the complaints received over the last year and
said most were from the same resident and presented emails sent to the City by the resident
complaining about his neighbors. She reiterated that the City will continue to monitor the noise
issues and it will be brought back at each meeting. She said this ordinance is a step in the right
direction and thanked the City staff for putting this together and trying to work with the
community and do what is best for the City.
City Attorney Boutsis noted the recommendation from Commissioner Salvino about the quiet
zone would involve the property line and that property line definition would remain in the Code.
She explained this change came about due to a resident not being satisfied with how the
ordinance was being administered. She noted that the City hired outside counsel and the resident
has not been satisfied with the response, saying that the Sheriff’s office is not doing their job.
She clarified that the issue is not about the Sheriff’s office not doing their job, but that they are
interpreting the code differently from the resident. The City is seeking to clarify the code so that
there are no further concerns. She addressed the issue of sound decibel meters and explained the
issues involved.
Mayor Ryan said he sympathizes with the residents. The City’s prior code was hard to enforce
by our Code Officers and BSO. The City has reviewed 30-40 ordinances within the state to
come to this. This gives the City a parameter to make it enforceable and these changes will make
it better for both Code Enforcement and BSO to enforce.
Commissioner James made a motion to approve the resolution with the amendment of 9
p.m. on weekdays and 11 p.m. on weekends with a 50 ft. distance. The motion was seconded
by Commissioner Davis which failed 3-2 with Commissioner Davis and Commissioner
James voting yes and Commissioner Salvino, Vice Mayor Lewellen and Mayor Ryan voting
no.
Vice Mayor Lewellen made a motion to approve the ordinance on second reading with the
amendment proposed by Commissioner Salvino. The motion was seconded by
Commissioner Salvino which carried 3-2 with Commissioner Davis and Commissioner
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, December 12, 2023 – 7:00 p.m.
14
James voting no and Commissioner Salvino, Vice Mayor Lewellen and Mayor Ryan voting
yes.
12.2 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)
City Attorney Boutsis read the title of the ordinance into the record.
Vice Mayor Lewellen made a motion to approve the ordinance on second reading. The
motion was seconded by Commissioner Salvino which carried 5-0 on voice vote.
12.DISCUSSION AND POSSIBLE ACTION
13.1 Discussion and Presentation by Island Syndicate for Commemorative Publication and
Visioning Process - Commissioner Davis / City Manager (Marketing)
Commissioner Davis introduced the item.
David Muir and Calibe Thompson of Island Syndicate explained the process and the services
they provide to produce a keepsake book for the City.
Mayor Ryan said this will be a challenge and there is a lot that needs to be incorporated into this.
Discussion ensued regarding the length of the book, cost and where to obtain additional funding
not previously budgeted.
Mr. Muir stated the 84-page book would cost $84,000.00 to include production and printing of
1000 copies of the book.
City Manager Garcia recommended a mid-year budget adjustment to cover the additional
$24,000.00.
Vice Mayor Lewellen inquired if a digital copy would also be made available. Mr. Muir and Ms.
Thompson responded they could provide a digital copy with the ADA remediation so that it is
ADA accessible as well.
Commissioner Salvino made a motion to approve the additional $24,000 as a mid-year
budget amendment. The motion was seconded by Commissioner Davis which carried
unanimously on voice vote.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, December 12, 2023 – 7:00 p.m.
15
Mr. Muir inquired about a primary liaison for the project and City Manager Garcia said
Marketing and Communications Director Nannette Rodriguez would be the primary contact.
13.2 Selection of a constituent communication email platform - City Manager / Finance
Marketing and Communications Director Nannette Rodriguez said the City has a contract with
Constant Contact and she will coordinate with Maxine on who needs an account set up.
13.APPOINTMENTS
14.1 - Planning and Zoning Board Vacancy (1) - Commissioner James
- Dania Beach Housing Authority Vacancy (1) - Mayor Ryan
Commissioner James deferred her appointment for the Planning and Zoning Board to the next
meeting.
Mayor Ryan reappointed Ivie Cure to the Dania Beach Housing Authority Board.
Commissioner James made a motion to approve the appointment. The motion was
seconded by Commissioner Salvino which carried unanimously on voice vote.
14.COMMISSION COMMENTS
15.1 Commissioner Davis
Commissioner Davis will save her comments for her newsletter.
15.2 Commissioner James
Commissioner James provided a handout for a key proposal to be given to Dania Pointe. She is
seeking authorization for the key, plaque, and a base. She is requesting for the funds to come
from the Commission continency as it would be from the entire Commission, not to exceed
$5,000.
Commissioner Salvino suggested the City get permission from Dania Pointe and then they could
pick and approve the funding and Commissioner James responded that the Commission needs to
approve the funding now.
Commissioner Salvino made a motion to accept the request from Commissioner James
using option #1 of the proposal. The motion was seconded by Vice Mayor Lewellen which
carried unanimously on voice vote.
Commissioner James thanked everyone for the phenomenal job on the annual Thanksgiving
drive. The MLK organization is having financial difficulties, and she is asking for a contribution
from her personal contingency for the upcoming events, a prayer breakfast, a banquet, a parade
and peace in the park. She is requesting $5,000 from her contingency for the event. Consensus
was received.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday, December 12, 2023 – 7:00 p.m.
16
She wished everyone happy holidays and a happy new year.
15.3 Commissioner Salvino
Commissioner Salvino wished everyone Happy Holidays.
15.4 Vice-Mayor Lewellen
Vice Mayor Lewellen commented that she has been told our tree lighting ceremony rivaled
Christmas on Las Olas, and she agrees. The winter camp is starting, and she would like to cover
the cost of 3 students from each camp. Consensus was received. She inquired if the teen program
was in need of additional funds and requested consensus to put some of her contingency funds
towards the teen program. Consensus was received. She wished everyone happy holidays.
15.5 Mayor Ryan
Mayor Ryan commented that Committee of 100 is having their annual dinner at Tropical Acres,
and he is requesting a $250.00 sponsorship from his contingency funds. Consensus was
received. He noted that the City has accomplished a lot this year, he thanked the staff and wished
everyone happy holidays.
15.ADJOURNMENT
Mayor Ryan adjourned the meeting at 11:31 p.m.
ATTEST: CITY OF DANIA BEACH
ELORA RIERA, MMC ARCHIBALD J. RYAN IV
CITY CLERK MAYOR
Approved:
City of Dania Beach
Parks & Recreation Memorandum
DATE: 1/9/2024
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Cassi Waren, CPRP, Deputy Director of Parks & Recreation
SUBJECT: Authorizing an agreement with Oasis Marina, LLC for Management of the Dania
Beach Marina.
Request:
The Parks and Recreation Department is requesting the adoption of a resolution authorizing the
proper City Officials to execute an agreement with Oasis Marina, LLC for Management of the
Dania Beach Marina.
Background:
The City advertised RFP No. 2023-012 for Marina Management Services on July 10, 2023 and
the bids were publicly opened on August 3, 2023.
The City Commission approved Resolution 2023-090 on August 22, 2023, authorizing the
agreement with Oasis Management, LLC (Oasis) for management of the Dania Beach Marina.
Oasis will serve as a full-service operator to provide the City with expertise and support across
every aspect of marina operations, from front-of-house guest engagement to back-of-house
services such as accounting, marketing and human resources. Oasis plans to completely
reimagine the Marina with the goal of establishing it as a must-experience destination.
Oasis will first build an on-site team consisting of the General Manager, Associate General
Manager, Dockmaster and Marina Services Associates who will oversee the day-to-day
operations. From there, they will create a marketing plan through their in-house marketing team,
with the goal of establishing the Marina as a destination. Oasis will be responsible for all
maintenance of the Marina under the general supervision of the Department of Parks and
Recreation.
Oasis will be responsible for all facets of the day-to-day operation of the Marina and provide
ongoing recommendations to the City for the successful operation of the facility, to provide the
best overall customer experience and enhance the value of the Marina as an asset of the City.
Budgetary Impact
Oasis will receive a monthly management fee of 6.5% of the Marina Revenue generated by the
dockage and transient fees, plus a fixed fee of $6,500.00 for Marketing and Accounting services
as outlined in the attached agreement. Funding appropriations were planned for and are available
in the City Ocean Park Fund Marina Contractual Services Account No. 415-72-09-575-34-10.
Recommendation
It is recommended that the City Commission adopt the Resolution authorizing the proper City
Officials to execute an agreement with Oasis Marina, LLC for Management of the Dania Beach
Marina.
RESOLUTION NO. 2024-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AGREEMENT WITH OASIS MARINA, LLC, FOR
MANAGEMENT OF THE DANIA BEACH MARINA; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City advertised Request for Proposals (“RFP”) No. 2023-012 “Marina
Management Services” in the Sun-Sentinel, and posted on the City’s website and Demand-Star
on July 10, 2023, with bids publicly opened on August 3, 2023; and
WHEREAS, on August 22, 2023, via Resolution No. 23-090, the City Commission
approved negotiations with the first ranked responded Oasis Marina, LLC; and
WHEREAS, the parties agreed to the terms contained in the attached agreement; and
WHEREAS, City Administration is recommending that an Agreement with Oasis
Marina, LLC (“Oasis”) be executed for a period of five (5) years and provide for an option of
continuation of service for five (5) years, subject to approval of the City; and
WHEREAS, the City shall pay Oasis a monthly management fee (“Monthly
Management Fee”) of six and one half percent (6.5%) of the Marina Revenue generated by the
dockage and transient fees, plus a fixed fee of Six Thousand Five Hundred Dollars ($6,500.00)
for Marketing and Accounting services; and
WHEREAS, Oasis will be responsible for all facets of the day-to-day operation of the
Marina and provide ongoing recommendations to the City for the successful operation of the
facility in order to provide the best overall customer experience and enhance the value of the
Marina as an asset of the City.
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 of Dania Beach directs the proper City officials are
authorized to execute an Agreement with Oasis Marina LLC, which is attached and incorporated
into this Resolution as Exhibit “A”, with Oasis for management of the Dania Beach Marina as
outlined above, including the length of the term of the Agreement as noted above.
2 RESOLUTION #2024-______
Section 3. That funding appropriations were planned for and are available in the City
Ocean Park Fund Marina Contractual Services Account No. 415-72-09-575-34-10.
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 become effective 10 days after adoption.
PASSED AND ADOPTED on 2024.
FINAL VOTE ON ADOPTION: Unanimous ____
Yes No
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
MARINA MANAGEMENT AGREEMENT
THIS MARINA MANAGEMENT AGREEMENT (the "Agreement") dated and effective
on 6th January 2024 (the “Effective Date”) is between Oasis Marina, LLC, a Maryland limited
liability company with a mailing address of 222 Severn Ave, Bldg. 14 Ste 200, Annapolis,
Maryland 21401 (“Contractor” or “Oasis”) and the City of Dania Beach, Florida, a municipal
corporation ("City"), 100 W. Dania Beach Blvd., Dania Beach, FL 33004. City and Contractor
are collectively known as the "Parties" or singularly as a "Party".
RECITALS
A. City owns the Marina located at 151 North Beach Road, Dania Beach, Florida
33004, known as Dania Marina (the "Marina");
B. It is the intention of City that the wet slips at the Marina be rented to third parties
for use as temporary boat storage facilities, and that the Marina facilities are put to
their intended use;
C. Contractor is in the business of managing marinas and currently manages similar
facilities;
D. City has engaged Contractor to manage the Marina and Contractor shall manage,
operate, provide maintenance and security for the Marina in accordance with the
terms and conditions of this Agreement as hereinafter set forth in the location
described as the Dania Beach Municipal Marina Slip Layout described in Exhibit
“A”, which is attached and incorporated into this Agreement by this reference;
E. City’s intent in retaining Contractor is to have a vital, financially successful and
self-supporting marina by engaging Contractor to improve the Marina
infrastructure, minimize costs, and maximize net revenue to the City; and
F. The City finds that this Agreement serves both a public purpose and a municipal
purpose.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants contained in this
Agreement and for good and other valuable consideration, the adequacy and receipt of which are
acknowledged and agreed upon, Contractor and City agree as follows:
2
1. Documents Comprising Contract.
The contract between the parties shall include this Agreement, as well as the following
documents, which are made a part of the Agreement and incorporated into it by their reference:
(a) The City of Dania Beach Request for Proposal, RFP #23-012 (“RFP”), its Exhibits
and Attachments issued on July 10, 2023, and all of its addenda is attached to this Agreement as
Exhibit “B”. Contractor’s response to RFP is attached to this Agreement as Exhibit C.
(b) Exhibits
Exhibit A – Dania Beach Municipal Marina Slip Layout
Exhibit B – RFP
Exhibit C – Contractor’s response to RFP
Exhibit D - Annual Budget Provisions
Exhibit E – Accounting Support Services
Exhibit F – Marketing Services
(c) Attachments – City Purchasing Policies and Procedures
(d) The parties shall mutually develop the annual marina budget (“Annual Budget”)
and submit it for review and approval to the City Manager and City Commission for each
upcoming fiscal year of the City, beginning October 1st of each year. The parties shall develop
such a budget and submit it to the City Manager and City Commission no later than April 1st of
the applicable year. Contractor shall prepare and deliver budget to City for City’s review and
approval in accordance with the procedures specified on Exhibit D.
If there is a conflict between the terms of this Agreement and any of the terms of the above-
referenced documents then the conflict shall be resolved as follows: the terms of this Agreement
shall prevail and the terms of the remaining documents shall be given preference in their above-
listed order.
2. General Contract Terms.
(a) INTENTIONALLY DELETED
(b) INTENTIONALLY DELETED
(c) Entirety of Agreement.
The Parties agree that this Agreement sets forth the entire agreement between the Parties
and there are no promises or understandings other than those stated in this Agreement. None of
the provisions, terms or conditions contained in this Agreement may be added to, modified,
superseded or otherwise altered, except as may be specifically authorized in this Agreement or by
written instrument executed by the Parties. This Agreement and the exhibits and attachments to it
and other documents and agreements specifically referred to in this Agreement constitute the entire
3
fully integrated Agreement between the Parties with respect to the subject matter of it and
supersede all prior or contemporaneous verbal or written communication or agreements between
the Parties excepting any past or contemporaneous written or verbal agreements expressly and
clearly incorporated by reference within the terms of this Agreement. This Agreement may only
be amended by a written document, properly authorized, executed and delivered by each party to
the other party. For the City, appropriate authorization shall be construed to mean formal action
by the elected officials of the City, except where specified within this Agreement, where the City
Manager or his or her designee shall have approval or authority. This Agreement shall be
interpreted as a whole unit. This Agreement shall not be construed in favor of one party or the
other.
If City or Contractor incurs any expense in enforcing the terms of this Agreement, whether
suit is brought or not, each party shall bear its own costs and expenses including, but not limited
to, court costs and reasonable attorney fees. The parties waive any rights each may have to a jury
trial.
(d) Bankruptcy.
It is agreed upon that if the Contractor is adjudged bankrupt, either voluntarily or
involuntarily, then this Agreement shall terminate effective the date and at the time the bankruptcy
petition is filed. Upon such filing of Bankruptcy, Contractor will automatically be in default of
this Agreement and the provisions of Article 9 will be enforced at City’s discretion.
(e) Disputes, Venue, Attorney Fees.
All claims, counterclaims, disputes and other matters in question between City and
Contractor arising out of, relating to or pertaining to this Agreement, or the breach of it, or the
services of it, or the standard of performance required in it, shall be addressed by resort to non-
binding mediation as authorized under the laws and rules of Florida; provided, however, that in
the event of any dispute between the parties, the parties agree to first negotiate with each other for
a resolution of the matter or matters in dispute and, upon failure of such negotiations to resolve the
dispute, the parties shall resort to mediation.
If mediation is unsuccessful, any such matter may be determined by litigation in a court of
competent jurisdiction for any legal action arising out of or pertaining to this Agreement shall be
the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County, Florida, or the
federal District Court in the Southern District of the United States. Each party further agrees that
venue of any action to enforce this Agreement shall be in Broward County, Florida. In any
litigation, the parties agree to each waive any trial by jury of any and all issues. In the event of
any litigation which arises out of, pertains to, or relates to this Agreement, or the breach of it, or
the standard of performance required in it, the prevailing party shall be entitled to recover
reasonable attorney fees from the non-prevailing party.
In the event that a dispute, if any, arises between the City and Contractor relating to this
Agreement, or its performance or compensation, Contractor agrees to continue to render service
in full compliance with all terms and conditions of this Agreement as required by the City if it is
commercially reasonable to do so and if the City is continuing to perform its obligations under this
4
Agreement.
(f) Headings.
Headings of various paragraphs and sections of this Agreement and its table of contents
are for convenience and use of reference only and shall not be construed to define, limit, augment
or describe the scope, context or intent of this Agreement or any part of this Agreement.
(g) Severability.
The terms and conditions of this Agreement shall be deemed to be severable; consequently,
if any clause, term or condition of it shall be held to be illegal or void, such determination shall
not affect the validity or legality of the remaining terms and conditions and notwithstanding such
determination, this Agreement shall continue in a full force and effect unless the particular clause,
term or condition held to be illegal or void renders the balance of the Agreement to be impossible
of performance
(h) No Waiver of Right to Enforce.
The waiver of any breach or any term covenant or condition in this Agreement contained
shall not be deemed to be a waiver of such term, covenant or any subsequent breach of the same
or any other term, covenant or condition contained in this Agreement. No covenant, term, or
condition shall be deemed to have been waived, unless such waiver is in writing. There shall be
no accord and satisfaction unless expressed in writing and signed by both the City and Contractor.
(i) Performance.
Services shall be performed in a timely manner as specified in the City’s RFP and
Contractor’s proposal submitted in response to the RFP.
The Parties expressly agree that time is of the essence in the performance of this Agreement
and the failure to complete the performance within the time specified, or within a reasonable time
if no time is specified, shall relieve the Parties of any obligation to accept such performance.
(j) Public Records Law
Contractor agrees to keep and maintain public records in Contractor’s possession or control
in connection with Contractor’s performance under this Agreement. Contractor additionally agrees
to comply specifically with the provisions of Section 119.0701, Florida Statutes. Contractor shall
ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed, except as authorized by law, for the duration of the
Agreement, and following completion of the Agreement until the records are transferred to the
City.
Upon request from the City custodian of public records, Contractor shall provide the City
with a copy of the requested records or allow the records to be inspected or copied within a
5
reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes,
or as otherwise provided by law.
Unless otherwise provided by law, any and all records, including but not limited to reports,
surveys, and other data and documents provided or created in connection with this Agreement are
and shall remain the property of the City.
Upon completion of this Agreement or in the event of termination by either party, any and
all public records relating to the Agreement in the possession of the Contractor shall be delivered
by the Contractor to the City Manager, at no cost to the City, within seven (7) days. All such
records stored electronically by Contractor shall be delivered to the City in a format that is
compatible with the City’s information technology systems. Once the public records have been
delivered upon completion or termination of this Agreement, the Contractor shall destroy any and
all duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements.
Any compensation due to Contractor shall be withheld until all records are received as
provided in this Agreement.
Contractor’s failure or refusal to comply with the provisions of this section shall result in
the immediate termination of this Agreement by the City.
Section 119.0701(2)(a), Florida Statutes
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS.
Custodian of Records: ELORA RIERA, MMC, CITY CLERK
Mailing Address: 100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
Telephone number: 954-924-9800, Ext. 3623 Email:
eriera@daniabeachfl.gov
(k) Notices.
Any notice required or permitted in this Agreement is to be given in writing and shall be
personally delivered or mailed, first class postage prepaid or delivered by an overnight delivery
service to the respective addresses of the Parties set forth below, or to such other address as any
party may give to the other in writing. Any notice required by this Agreement will be deemed to
have been given and received when personally served or one (1) day after delivery to an overnight
delivery service or five (5) days after deposit in the first-class mail.
To the City: City of Dania Beach, Florida
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
Attn: Ana M. Garcia, ICMA-CM
6
With Copy to: City of Dania Beach, Florida
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
Attn: Eve A. Boutsis, City Attorney
To Contractor: Oasis Marinas
222 Severn Ave
Bldg. 14 Ste 200
Annapolis, Maryland 21401
Attention: Matthew Shipman, President
(l) Remedies.
Each party shall have full remedies available under existing laws, including, but not
limited to, the Uniform Commercial Code, mediation, alternative dispute resolution and all state
and federal courts of any jurisdiction.
(l) Assignment, Subcontracting, Corporation Acquisitions and Mergers.
Contractor shall perform this contract. No assignment or subcontract shall be allowed
without the prior written consent of the City including an assignment pursuant to a corporate
acquisition or merger. In the event of an assignment of the contract to a wholly owned subsidiary
of Contractor, the City’s written consent shall not be unreasonably withheld. Contractor shall
provide a written notice to the City within thirty (30) business days of any assignment or
subcontract.
(m) Miscellaneous.
(i) This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one
and the same instrument;
(ii) No representative of Contractor or the City is authorized to make any
representations, warranties or agreements other than as expressly set forth in this
Agreement;
(iii) Any consent required by this Agreement to be given by City to Contractor
shall be given in writing; and
(iv) Contractor disclaims any implied or express warranties, guarantees or
representations of any kind other than as expressly set forth in this Agreement.
7
3. Management.
(a) Term.
Subject to the terms of this Agreement, City engages Contractor to manage the Marina and
Contractor agrees to manage the Marina for an initial term of sixty (60) months commencing on
the Effective Date and continuing through the date that is sixty (60) months from the Effective
Date, unless it is sooner terminated pursuant to this Agreement. The City shall have the sole and
absolute discretion to renew this Agreement for an additional sixty (60) months by providing
Contractor written notice of its election to renew this Agreement within ninety (90) days prior to
the expiration of the initial 60 month term of this Agreement.
(b) Other Marinas.
City acknowledges that Contractor is in the business of managing marina and other
facilities (“Facilities”) both for its own account and for third parties. It is expressly agreed that
Contractor and its affiliates may continue to engage in such activities, and may manage Facilities
in addition to those it presently manages so long as the Facilities are not in direct competition with
City.
(c) Independent Contractor Status and Compliance with the Immigration
Reform and Control Act of 1986.
Contractor is and shall remain an independent contractor and is not as agent, employee,
partner nor joint venturer of the City. Contractor acknowledges that it is responsible for complying
with the provisions of the Immigration Reform and Control Act of 1986 located at 8 USC Section
1324 et seq. and regulations relating to those laws as they may be amended from time to time.
Contractor’s failure to comply with the above provisions shall then be considered a material breach
and shall be grounds for immediate termination of the Agreement at the discretion of the City.
4. Authority of Contractor.
(a) General Authority.
Contractor agrees to provide the City with Marina Management Services as requested and
as specifically outlined in the RFP , Contractor’s response to the RFP, this Agreement and all
subsequent official documents that form the contract documents for this Agreement, in compliance
with the City’s approved annual marina budget and City policy restrictions and procedures stated
or referenced in this Agreement. Contractor shall have the authority to fully and completely
supervise and direct the operations of the Marina and matters associated or related to the operation
of the Marina, including boat slip rentals, retail sales of sundries, and supervision of all leases of
space at the Marina referenced as Exhibit “A” attached to this Agreement and incorporated into it
by this reference. City shall execute such documents as Contractor and City, in their reasonable
judgment, deem necessary or advisable for Contractor to carry out its management of the Marina.
8
(b) Renting of the Marina.
Contractor shall use its reasonable discretion in recommending and establishing the terms
and conditions of occupancy of boat slips in the Marina to the City. The City shall set the rates for
the boat slip rentals after considering recommendations provided by Contractor. Contractor shall
(i) enter into written rental agreements (the form of which shall be reviewed and approved in
advance and in writing by the City) with such tenants , (ii) collect rent from such tenants as an
agent of the City (iii) maintain all rental and receipt records of the Marina and (iv) provide a
summary report to the City at least monthly (or more frequently as requested by the City Finance
Director) of marina rental revenues earned or billed, rental collections and outstanding balances
due.
Contractor acknowledges that the City has accepted and utilized grant funds from the
Florida Inland Navigation District (FIND) to improve the Property. Florida Administrative Code
Section 66B-2.004(4) requires that the user fees (slip rent, attenuator rent, mooring field rent) be
the same for the general public of all of the FIND member counties. In other words, there can be
no preferential rates or discounts for City or Broward County residents that are not also extended
to users from the District’s other 11 counties. In addition, Florida Administrative Code Section
66B-2.008(4) requires that dockage rates be within market comparison of the dockage rates of
other area marinas. Also, this rule requires that at least 10% of the slips or mooring areas shall be
available for transient vessels. Florida Administrative Code Section 66B-2.003 defines “public
marina” which must include the City’s Marina for grant purposes. In order to qualify for WAP
assistance with FIND, the City’s Marina must be and remain a “public marina”, meaning that it
must be open to the general public on a first-come, first-served basis without any qualifying
requirements such as club membership, stock ownership, or differential in price. Contractor and
City agree that the City Marina will be operated in accordance with Florida law so that the City
Marina continues to qualify as a “public marina” for purposes of WAP assistance with FIND.
(c) Marketing and Advertising.
Contractor shall establish the policies and procedures which it deems necessary or
advisable for directing the marketing activities of personnel relating to the Marina subject to
authorized budget appropriations and restrictions. All advertising of the Marina, including signs,
may be carried under the Contractor’s name and the name of the City. All advertising and
marketing costs shall be paid directly by Contractor on behalf of the City and shall be subject to
the City’s approval. Contractor shall include the Marina in all newsletters or periodicals which it
publishes or distributes where relevant and City agrees to pay a pro rata share of related expenses
as set out in paragraph 4 (r) “Shared Expenses”.
(d) Repair, Maintenance and Improvements.
Contractor shall make and execute or supervise and have control over the making and
executing of, all decisions concerning the acquisition of furniture, fixtures and supplies for the
Marina, and the purchase, lease or other acquisition of the same, on behalf of the City within the
scope of the marina’s annual approved budget. Contractor shall make and execute or supervise
and have control over the making and executing of, all decisions concerning the routine day-to-
9
day maintenance, including parking lot and restrooms, repair and landscaping of the Marina, on
behalf of the City. In connection with performance of routine day-to-day maintenance, repair and
landscaping, Contractor shall negotiate and supervise the installation of minor capital
improvements related to the Marina which Contractor, in its reasonable discretion, deems
necessary or appropriate; provided, however, that Contractor shall obtain the prior approval of the
City for all expenditures in excess of five thousand dollars ($5,000.00) for any one item (except
monthly or recurring operating charges and emergency repairs if in the opinion of Contractor such
expenditures are necessary to protect the Marina from damage or to maintain services to the tenants
as called for in their leases). Contractor agrees to follow and comply with the City’s Purchasing
Policies and Procedures. All invoices for repairs, maintenance and improvements costs shall be
approved by Contractor in writing and be paid directly by the City, subject to the approved marina
budget or any subsequent approvals.
(e) Personnel.
Contractor's employees in contact with the public shall perform their duties in an efficient
and courteous manner. Contractor shall insure all its personnel are courteous and cooperative and
present a neat, clean and professional appearance at all times. Failure of an employee to do so
shall be grounds for the City to demand his or her removal from duties on the Marina property.
Contractor shall provide the City with the name and telephone number of a management person
who will be on call at all times for emergencies or other matters related to the operations under
this Agreement.
(f) Budget.
Contractor shall annually, beginning with the fiscal year 2024-25, develop a proposed
Annual Budget by April 1st of each applicable year, in conjunction with the City's budget
preparation process, which shall be reviewed, modified and approved by the City Manager and
City Commission in September of each applicable year. Contractor shall prepare and deliver
budget to City for City’s review and approval in accordance with the procedures specified on
Exhibit D. The annual budget submittal shall include, but not be limited to, all of the proposed
revenue sources and expenditures for the Marina. The proposed revenue projection shall include
detailed written justification to support the proposed sources and projections. Contractor in
proposing the annual expenditure budget shall include, but not be limited to, the following:
(1) Personnel Costs. All marina employees and staff will be employed and
paid by Contractor. An organizational chart listing all of the full and part-time positions that
Contractor is proposing, their positions with titles, number in each position, proposed pay ranges,
and benefit costs for each position, shall be provided to the City.
(2) Marketing and Promotion Costs. Contractor shall provide a
comprehensive marketing and promotion budget which will list the proposed specific
expenditures and expected revenue plans and impacts to support the proposed plan.
10
(3) Proposed Capital Improvement and Repair Maintenance Plan.
Contractor shall develop a proposed detailed Capital Improvement and Repair Maintenance Plan
that specifically describes each proposed expenditure, activity, justification or need for activity,
and the estimated cost by May 1st of each year.
(g) Compliance with Annual Budget.
Contractor shall use commercially reasonable efforts to operate the Marina in accordance
with the approved Annual Budget. The Parties acknowledge that (i) the approved Annual Budget
is an estimate only and (ii) Contractor shall be entitled to depart therefrom. If Contractor determines
that circumstances will result in material changes between actual results and the approved Annual
Budget during the course of the year, Contractor shall, within thirty (30) days of such determination,
notify City of such in writing. Notwithstanding the foregoing to the contrary, Contractor shall not,
without City’s prior written approval, incur Operating Expenses that would cause the total Operating
Expenses in the Annual Budget to exceed (A) any departmental line item provided for in the Annual
Budget by more than ten percent (10%) or (B) the aggregate amount of Operating Expenses
provided for in the Annual Budget by more than five percent (5%). Notwithstanding the foregoing
to the contrary (including, for avoidance of doubt, the preceding sentence which shall not apply to
the following), Owner acknowledges and agrees as follows:
i. certain expenses provided for in the approved Annual Budget will vary based on the
occupancy and utilization of other revenue producing areas of the Marina, and
accordingly, to the extent that occupancy and utilization of the Marina for any year
materially exceeds the occupancy and utilization projected in the approved Annual
Budget for such year, such approved Annual Budget shall be deemed to include
corresponding increases in such variable expenses;
ii. Contractor shall have the right to pay all taxes, insurance premiums and utility rates
actually incurred with respect to the operation of the Marina without reference to the
amounts provided for in respect thereof in the approved Annual Budget for any year;
iii. if any expenditures are required to comply with any legal requirements or to cure or
prevent any violation thereof, to the extent such expenditures must be expended in the
current year in order to comply with legal requirements, Contractor may make such
expenditures as may be necessary to comply with such legal requirements, whether or
not provided for or within the amounts provided for in the approved Annual Budget
for such year in question; and
iv. if any expenditures are required on an emergency basis to avoid damage to the Marina
and/or protect the health, safety or welfare of the guests and/or employees of the
Marina and/or to avoid injury to property (including watercraft) Contractor may make
such expenditures, whether or not provided for or within the amounts provided for in
the approved Annual Budget for any year.
11
(h) Payment of Expenses
Contractor shall be responsible for paying, out of and to the extent of funds on deposit in
the Bank Accounts, the costs and expenses incurred on behalf of the Marina in the course of the
operation of the Marina. “Operating Expenses” include but are not limited to the following costs
and expenses (without duplication):
a. Wages, salaries, and incentive compensation for Oasis employees for services
performed on behalf of the Marina, including payroll taxes and employee benefits,
which include health and life insurance programs, a 401(k) program, and workers’
compensation insurance.
b. All costs of providing onboarding services.
c. Third-party marketing costs such as creative services, production costs and
advertising spend.
d. Concierge services which shall be billed at $50.00 per hour based on monthly
usage Concierge services includes customer support, reservation services, problem
resolution etc. handled by a central team to provide seamless, professional service
to marina customers.
e. Slip contract administration services which shall be billed at $8.50 per month per
contracted slip or storage. Slip contract administration services includes contract
management, billing, and collections.
f. Accounting Services as described on Exhibit E (“Accounting Services”).
g. Marketing Services as described on Exhibit F (“Marketing Services”).
h. Payroll processing.
i. Reimbursable Expenses.
j. Costs incurred by Contractor to settle claims (including claim payments,
settlements, reasonable attorneys’ fees and legal costs).
k. Costs affiliated with Contractor’s repair and maintenance obligations.
l. Telecommunications/phone/internet/Wi-Fi.
m. The purchase, maintenance/repair and replacement of uniforms.
n. Licenses, permits and insurance required for the operation of the Marina.
o. Credit card fees, bank fees, third party fees, and PCI-DSS costs and expenses
related to payment operating system, as applicable.
p. Signs, printed materials, office supplies, postage, radios, and other expenses
associated with the operation of the Marina.
q. Software systems and computer services required for Marina operation including
but not limited to, POS systems, accounting systems, and bill payment systems and
the charges for IT Services.
r. Other expenses as mutually agreed upon in writing between Owner and Oasis.
For purposes of clarity, the following are specifically excluded from the definition of Operating
Expenses.
a. Major Capital Expenditures.
b. Expenditures for furniture, fixtures, and equipment.
c. payments on any mortgages or other financing.
d. depreciation and amortization of capitalized assets.
e. costs and expenses of Owner or Owner’s personnel, including entertainment
12
expenses, salaries, wages and employee benefits of Owner’s employees, directors’
fees and the expenses of directors or Owner’s employees to attend board meetings.
f. professional fees and costs, including the fees and disbursements of attorneys,
accountants and appraisers, incurred directly or indirectly in connection with any
category of expense that is not itself an Operating Expense.
g. capital and equipment lease expenses.
(i) Bank Accounts.
Contractor will establish an operating account (the “Operating Account”) and any other
bank account reasonably necessary for the operation of the Marina (e.g., a separate payroll account)
(collectively, the “Bank Accounts”), in a bank or trust company selected by Contractor. The Bank
Accounts shall be the property of Contractor. All risk of loss with respect to funds in the Bank
Accounts shall be borne by the Contractor.
(1) Initial Working Capital. No later than the Effective Date, City will
provide Contractor as working capital in the Operating Account an amount equal to two twelfths
of the amount of Operating Expenses in the Annual Budget (the “Minimum Working Capital”).
The Minimum Working Capital shall, at all times, remain property of the City subject to
Contractor’s right to use those funds as provided in this Agreement. The working capital shall
be deposited in the Operating Account.
(2) Monthly Deposit by City. No later than the tenth (10th) day of each month
Contractor will bill City in arrears for Operating Expenses paid by Contractor out of the Bank
Accounts and shall notify City of the amount of the Monthly Deposit required to be made into
the Operating Account by the last day of such month. The “Monthly Deposit” is an amount
equal to (A) the amount of Operating Expenses paid by Contractor during the preceding month
plus (B) any amount needed to maintain or replenish Minimum Working Capital. Failure to fund
the Monthly Deposit by the end of the month in which the bill was issued is a breach of this
agreement by City which may result in immediate termination of this Agreement solely at
Contractor’s discretion.
(j) Agreements.
Contractor shall have the authority to negotiate and recommend to the City such
agreements which Contractor deems necessary or advisable for the furnishing of utilities, services,
concessions and supplies, for the maintenance, repair and operation of the Marina and such other
agreements which may benefit the Marina or be incidental to the matters for which Contractor is
responsible under this Agreement. In the event any such agreement for the purchase of equipment
or supplies exceeds Five Thousand Dollars ($5,000.00), Contractor shall be required to follow the
City’s procurement requirements and submit three (3) quotations from separate suppliers to the
City.
(k) Other Decisions.
Contractor shall make all decisions in connection with the day-to-day operations of the
Marina.
13
(l) Regulations and Permits.
Contractor will use commercially reasonable efforts to observe, obey and comply with all
rules and regulations adopted by the City and all laws, ordinances, and or rules and regulations of
other governmental units and agencies having lawful jurisdiction, which may be applicable to the
operations under this Agreement. Failure to do so will constitute a breach of this Agreement.
Contractor shall procure all required permits, licenses and approvals, on behalf of the City, for the
operation and performance under this Agreement. All permit or regulatory fees or costs shall be
paid directly by the City, subject to the approved marina budget or any subsequent approvals.
(m) Management Records and Reports of Disbursements and Collections.
Contractor shall establish, supervise, direct and maintain the operation of a system of
written internal controls, record keeping and bookkeeping with respect to all revenue billing,
receipts and disbursements in connection with the management of the Marina. The books, records
and accounts shall be maintained at Contractor’s Headquarters and accessible from the
Contractor’s local office using a Contractor accounting system. Revenue billings and receipts shall
be reconciled, totaled on a bank deposit slip and deposited to the City’s bank, or delivered to the
City’s Finance Department weekly to discourage thefts and office break-ins at the Marina office.
Contractor shall take all measures to utilize credit cards and online payments/ACH as the preferred
method of payment for services rendered to Marina customers, to reduce the amount of cash on
hand.
City acknowledges that any budgets or projections prepared by Contractor for City are
only estimates of revenues and expenses, that the initial budgets and projections prepared by
Contractor and approved by the City will be based in part on information provided by City, that
any projections prepared by Contractor are subject to, and may be affected by, changes in financial,
economic, competitive and other conditions and circumstances beyond Contractor's control and
that such projections and budgets are not to be construed as a guarantee by Contractor of the actual
results to be obtained from operations. Contractor acknowledges the importance of monitoring its
actual revenue collections and expenditures in comparison to the approved budget plan. Contractor
shall notify the City Manager in writing at least monthly of material deviations from the Marina’s
approved budget plan. A material deviation from the marina’s budget plan shall be defined as a
cumulative fiscal year to date budget variance in either revenues or expenditures that exceeds five
percent (5%) of the budget plan, respectively. Such material deviations will be handled in
accordance with procedures set forth in this Agreement. City acknowledges that Contractor makes
no representations or warranties as to the results to be obtained from operations. City
acknowledges that Contractor has no knowledge and cannot certify the accuracy of any historical
information provided to Contractor by City. All receipts will be deposited into the City’s bank
account. Receipts will be accounted for on the Contractor’s books by Contractor personnel. All
purchases for the Marina which fall under the City’s area(s) of responsibility shall be made such
that they comply with the City’s Purchasing Policy, Procedures and Codes.
14
(n) Collection.
Contractor shall analyze and direct the collection and billing of all accounts receivable due
to the City with respect to the Marina. Contractor shall provide a monthly reporting to the City in
electronic format reflecting the details of each receivable balance and the cumulative total of all
receivables that are more than sixty (60) days past due and shall be responsible for establishing
policies and procedures to minimize the amount of bad debts.
(o) Legal Actions.
Contractor shall cause to be instituted, on behalf and in the name of the City, any and all
legal actions or proceedings Contractor deems necessary or advisable to collect charges with the
advice and consent of the City, rent or other income due to City with respect to the Marina or to
oust or dispossess tenants or other persons unlawfully in possession under any lease, license,
concession agreement or otherwise, and to collect damages for breach of them or default under them
by such tenant, licensee, concessionaire or occupant. Contractor shall also assist the City in the
defense of any and all actions and proceedings brought by tenants, suppliers, vendors and similar
persons relating to the Marina and City shall be responsible for satisfying and paying the costs of
defending all such claims to the extent not covered by insurance. Contractor shall provide notice to
City of any and all actions or proceedings instituted by, on behalf of, or against the City.
(p) Insurance.
Contractor (as specified in RFP No. 23-012, in Section 8) shall pay for and maintain all
necessary insurances including but not limited to, Marina Operators Legal Liability, automobile
coverage, theft coverage, and environmental pollution coverage, listing the City as an additional
named insured. Contractor shall provide Workers, Compensation coverage. The costs incurred by
Contractor for applicable insurance coverage shall be included in the approved marina budget and
shall be paid or reimbursed by the City, pursuant to the approved marina budget.
Contractor shall purchase or endorse its master policy to include the City. Contractor’s
policy must be primary.
As a part of the marina budget planning process for each subsequent Fiscal Year. all
insurance coverage will be re-evaluated and specific coverages may be redistributed between the
City and Contractor depending on what is most advantageous to the Parties. However, at all times
the cost for insurance coverage for the Marina and the marina operations shall remain a part of the
marina budget and will ultimately be paid or reimbursed by the City. If either Party chooses to
carry additional insurance coverage that is not contemplated by the approved marina budget, then
the cost of such coverage shall be the responsibility of the insured Party.
(q) Restrictions.
Notwithstanding anything to the contrary set forth in this Section 4, Contractor shall not be
required to do, or cause to be done, anything for the account of City (i) which may make Contractor
liable to third parties; or (ii) which may not be commenced, undertaken or completed because of
15
insufficient funds of City.
(r) Force Majeure.
Neither the City nor Contractor is required to perform any term or covenant of this
Agreement so long as performance is delayed or prevented by force majeure, which includes acts
of God, strikes, lockouts, material or labor restrictions by any governmental authority, civil riot,
floods, and any other cause not reasonably within the City's or Contractor's control and that the
City or Contractor cannot, by exercising due diligence, prevent or overcome in whole or in part.
(s) City Approval
Contractor agrees it will obtain prior written approval from the City prior to implementing
changes on the following matters:
(1) Changes from the original approved plans, activities signage and graphics;
(2) Equipment Contractor plans to install requiring any building or facility
modifications;
(3) Any use of the City's name;
(4) Any improvements to be constructed on the Marina property;
(5) Hours of daily operation;
(6) Uniforms to be used by the employees;
(7) The décor of the Marina and all signs to be installed directed or displayed in
or on the Marina property and any changes to them at any time during this
Agreement; and
(8) Maintenance Requirements
Further, it is understood by Contractor, that should any changes related to the above items
be disapproved, either Party may offer alternative solutions.
(t) Shared Expenses.
The Parties acknowledge that certain economies may be achieved with respect to certain
expenses to be incurred on behalf of the City under this Agreement if materials, supplies, or
services are purchased by Contractor in quantity for use not only in connection with the Marina
but in connection with other marinas managed by Contractor or its affiliates. Contractor shall have
the right, to purchase such materials, supplies, insurance or services in its own name and charge
City a pro rata share of the cost determined on a fair and reasonable basis; provided, however, that
the pro rata cost of such purchase to City shall not result in expenses greater , taken in the
aggregate, than would otherwise be incurred at competitive prices and on terms available in the
area where the Marina is located or the service is rendered. The City’s pro rata share of the cost
of all such items shall be set forth in the approved budget.
(u) Reporting Requirements.
Contractor must submit a monthly written report to the City Manager containing
information which includes but is not limited to:
16
(1) Occupancy (both numbers and dollars), historical comparison;
(2) Marketing and promotions;
(3) Revenues, Expenses and Net Income in comparison to approved budget;
(4) Capital improvements status report;
(5) Insurance claims;
(6) Delinquent Receivables (exceeding 60 days);
(7) Litigation;
(8) Safety and environmental incidents;
(9) Customer Service Issues (Contractor shall respond to customers within five
days); and
(10) Parking Permit Roster.
(v) Business Continuity Plan.
Contractor shall provide the City with a copy of its business continuity plan covering the
Marina as well as the company head office. Contractor will provide the City with the results of
any testing of its business continuity plan.
5. Duties of City.
City shall cooperate with Contractor in the performance of its duties under this Agreement
and to that end, upon the request of Contractor, City agrees to provide reasonable office space for
Contractor employees on the premises of the Marina, to give Contractor access to all files, books
and records of City relevant to the Marina, and to execute all documents and instruments as
Contractor, in its reasonable judgment, deems necessary or advisable to enable it to carry out its
management of the Marina.
6. Compensation of Contractor.
The City shall pay Contractor a monthly management fee (“Monthly Management Fee”)
of six and one half percent (6.5%) of the Marina Revenue generated by the Marina, a monthly
accounting services fee of Two Thousand One Hundred Sixty Six Dollars Sixty Six Cents
($2,166.66), a monthly marketing fee of Four Thousand Three Hundred Thirty Three Dollars
Thirty Three Cents ($4,333.33), and an annual incentive fee (“Annual Incentive Fee”) equal to two
percent (2%) of Net Operating Income The Monthly Management Fee shall be invoiced to City
as set forth below. “Marina Revenue” is defined as all amounts collected by Contractor and/or City
from patrons of the Marina. “Net Operating Income” is defined as annual Marina Revenue less
operating expenses for the same period. Monthly Management Fee will be billed monthly in arears
and is due within thirty (30) days of City’s receipt of such invoice. The Annual Incentive Fee will
be based on the City’s fiscal year ending each September 30, and will be billed annually in arears
and is due within thirty (30) days of City’s receipt of such invoice, or (ii) review and approval of
the financial statements upon which the Annual Incentive Fee is based, whichever is later. It is
understood that in the first year of this Agreement, the Annual Incentive Fee will be paid on a pro-
rata basis. In the event this Agreement is terminated by either party, the Compensation shall be
paid on a pro-rata basis.
17
7. Fiscal Non-funding.
In the event that sufficient budgeted funds are not available for any new fiscal period, the
City shall notify Contractor of such occurrence and this Agreement shall terminate on the last day
of the then current fiscal period without expense or penalty to the City.
8. Audit.
Contractor shall retain all records relating to this Agreement for a period of at least five
(5) years after final payment is made. All financial records noted under Section 4(k) of this
Agreement shall be subject to an annual audit by the City’s auditing firm. Contractor shall create
and maintain its financial records in such a way as will permit their inspection pursuant to Chapter
119, Florida Statutes. In addition, City reserves the right to audit such records pursuant to City
policy.
9. Public Emergencies.
It is expressly made part of this Agreement that before, during and after a public
emergency, disaster, hurricane, tornado, flood or other acts of God, that City shall require a "first
priority" for goods and services. It is vital and imperative that the majority of citizens are protected
from any emergency situation that threatens public health and safety as determined by the City.
Contractor agrees to rent, sell, and lease all goods and services to the City or governmental entities
on a "first priority" basis.
10. Sales Tax.
Contractor shall pay the prevailing State of Florida sales and use tax for any amounts
payable under this Agreement.
11. City's Ownership of Improvements.
Upon the expiration of this Agreement, for any reason, all existing and any future installed
fixtures, equipment, improvements and appurtenances attached to or built into the Marina in such
a manner as to become part of the freehold estate whether or not by the expense of Contractor,
shall become and remain a part of and be surrendered with the Marina property. Any furniture,
furnishings, equipment or other articles of moveable personal property owned by Contractor and
located on the Marina property shall be and remain the property of Contractor and may be removed
by it at any time during the term of this Agreement so long as Contractor is not in default of any
obligations under this Agreement and the same has not become part of the freehold estate and so
long as such do not materially affect Contractor's ability to use such premises and conduct its
business as provided in this Agreement.
12. Permits.
Pursuant to Section 218.80, Florida Statutes, the City will pay for all City permits and fees,
including license fees, permit fees, impact fees or inspection fees applicable to the services through
18
an internal budget transfer(s). Contractor is not responsible for paying for permits issued by City
but is responsible for acquiring all permits. City may require Contractor to deliver internal budget
transfer documents to applicable City agencies when Contractor is acquiring permits. City is not
responsible for any penalty fees for improper work or fees related to inspections for improper
work.
13. Hours of Operation.
The Marina property will be required to operate seven (7) days a week, including holidays,
during those hours approved by the City. Sufficient staff will be available to provide outstanding
service. The City may require change in hours of operation if in the reasonable discretion of the
City such a change is desirable for providing the best service to the public.
14. Termination of this Agreement
(a) The Agreement may be terminated by the City upon any of the following terms
and conditions:
(i) in the event of a default in the performance of this Agreement by
Contractor, which default shall remain uncured for thirty (30) days after
Contractor receives the written notice of default from the City which
specifies the nature of such default, the City may terminate this
Agreement as of date set forth in such notice; or
(ii) Commencing upon the 13th month from the Effective Date the City shall
have the right to terminate this Agreement with or without cause at any
time by giving written notice to Contractor at least ninety (90) days
(approximately, month 10) prior to the effective date of such termination,
which date shall be specified in the written notice.
Commencing upon the 14th month from the Effective Date the
Contractor shall have the right to terminate this Agreement with or
without cause at any time by giving written notice to the City at least
(90) days prior to the effective date of such termination (approximately
month 10), which date shall be specified in the written notice.
(b) Contractor shall have the right, upon thirty (30) calendar days from receipt of
written notice to the City by certified or registered mail, to the address specified in at paragraph
(2)(h) above, to terminate this Agreement at any time after the occurrence of one or more of the
following events:
(i) issuance by any court of competent jurisdiction of any injunction,
substantially restricting the use of the Marina property; or
(ii) a breach by the City of any of the terms, covenants, or conditions
contained in this Agreement and the failure of the City to remedy such
breach for a period of ninety (90) calendar days after receipt of written
19
notice sent by registered or certified mail return receipt requested from
the Contractor of the existence of such breach; or
(iii) the assumption by the U.S. Government or any authorized agency
or any other governmental agencies of the operation, control or use of
the Marina.
15. Limiting Legislative or Judicial Action.
In the event that any municipal, county, state or federal body of competent jurisdiction
passes any law, ordinance or regulation in any way restricting or prohibiting the use of the Marina
for purposes of this Agreement, this Agreement may be terminated by either Party, pursuant to
paragraph 13 above and will be null and void and unenforceable by any party to this Agreement
and the City shall have no further liability under this Agreement. In the event that any court or
legislative body of competent jurisdiction issues an injunction substantially restricting or
prohibiting the use of the Marina for the purposes of this Agreement, which injunction stays in
force for more than thirty (30) calendar days, this Agreement will be null and void and
unenforceable by any party to this Agreement and the City shall have no further liability under
this Agreement. If the City deems the Agreement null and void by operation of this paragraph, the
City will not be liable to Contractor for damages arising therefrom and the City shall have no
further liability under this Agreement.
16. Nondiscrimination.
Contractor does for itself, its personal representatives, successors in interest and assigns as
part of the consideration and agreement consideration, covenant and agree that:
(a) No person shall be discriminated against because of age, race, creed, religion, color,
sex, sexual orientation, disability, national origin, marital status, political affiliation, residency
within or without the City or disability shall be excluded from participating in or be denied the
benefits of or be otherwise subjected to discrimination in the use of the Marina except for bona
fide cause allowed by law.
(b) As to the construction of any improvements on or over the Marina, such land or in
the furnishing no services, no person on the grounds of age, race, creed, religion, color, sex, sexual
orientation, disability, national origin, marital status, or political affiliation, residency within or
without the City shall be excluded from participation in, be denied the benefits of or otherwise be
subjected to discrimination, except for bona fide causes allowed by law.
(c) That Contractor shall use the premises in compliance with all other requirements
imposed by or pursuant to Title 45, Code of Federal Regulations, Article 80, non-discrimination
under programs receiving federal assistance through the City of health, education and welfare-
effectuation of Title VI of the Civil Rights Act of 1964 and as such regulations may be amended
that in the event a breach of any of the above non-discrimination covenants, the City shall have
the right to terminate the Agreement and this Agreement shall be null and void. Contractor shall
not discriminate against City employees or applicants for employment in the performance of the
20
contract with respect to hiring tenure terms, conditions or privileges of employment because of
age, race, creed, religion, color, sex, sexual orientation, disability, national origin, marital status,
or political affiliation age. (except where based on a bona fide occupational qualification).
17. Hurricane Preparedness.
Contractor shall follow the City's emergency evacuation and hurricane plan as may be
supplemented by Contractor, subject to the City’s approval.
18. Termination of Agreement.
Following the termination of this Agreement by either party within fifteen (15) calendar
days, or such reasonable shorter period as determined by the City, Contractor shall forthwith
remove all of its personal property not acquired under the terms of the Agreement. Any personal
property of Contractor not removed in accordance with this paragraph may be removed by the City
for storage at the cost of Contractor or shall constitute a gratuitous transfer of title of such property
to the City for whatever disposition is deemed to be in the best interests of the City. The City shall
not be liable to Contractor for safekeeping for Contractor's personal property during or after
termination of this Agreement.
19. Approvals.
Except as otherwise provided, whenever approvals are required in this Agreement by either
party, such approval shall not be unreasonably withheld.
20. Rights Reserved to the City.
All rights not specifically granted to Contractor by this Agreement are reserved to the City,
and the designation of any particular remedy for the City without prejudice to any other relief
available in law or equity and all such relief is reserved to the City.
21. INTENTIONALLY DELETED.
22. Compliance with City's Internal Control Processes.
Contractor agrees to comply with the City's procurement policies and procedures, budget
policies and other policies of which it has been given notice.
23. Recycled Material.
Contractor agrees to use recovered materials to the extent reasonably practical under the
terms of this Agreement.
The City wishes to encourage Contractor to use recycled materials in fulfilling contractual
obligations to the City since such a policy will serve as a model for other public entities and private
sector companies.
21
When awarding a purchase of Five Thousand Dollars ($5,000.00) or less or recommending
a purchase in excess of Five Thousand Dollars ($5,000.00) for products, materials or services,
Contractor may allow preference to a responsive bidder who or which certifies that its product or
material contains the greatest percentage of post-consumer materials. If bidding on paper products,
it may certify that their materials or products contain at least the content recommended by the EPA
guidelines.
Definitions under this section are as follows:
"Recovered Materials": Materials that have recycling potential, can be recycled, and have
been diverted or removed from the solid waste stream for sale, use or reuse, by separation,
collection or processing.
"Recycled Materials": Materials that contain recovered materials. This term may include
internally generated scrap that is commonly used in industrial or manufacturing processes, waste
or scrap purchased from another manufacturer and used in the same or a closely related product.
"Post-consumer Materials": Materials which have been used by a business or consumer and
have served their intended end use and have been separated or diverted from the solid waste stream
for the purpose of recycling such as newspaper, aluminum, glass containers, plastic containers,
office paper, corrugated boxes, pallets or other items which can be used in the remanufacturing
process.
24. Infringement of Patent, Trademarks or Copyrights.
Contractor agrees to indemnify the City and hold it harmless from and against all claims,
liability, loss, damages or expense including attorney fees, arising from or by reason of any actual
or claim that Contractor’s Proprietary Material (as defined below) infringes on any trademark,
patent, or copyright of a third party with respect to the services or goods or any part of them
covered by this Agreement, and such obligations shall survive the term of this Agreement.
25. Signage.
Contractor shall abide by the City's Sign Code. Any changes to exterior signage must meet
applicable City codes and ordinances.
26. Condemnation.
(a) Total Condemnation.
If during the term of this Agreement or any extension or renewal of this Agreement, all of
the Marina is taken for any public or quasi-public use under any governmental law, ordinance, or
regulation, or by right of eminent domain, or is sold to the condemning authority under threat of
condemnation, this Agreement will terminate, and the payments will be abated during the
unexpired portion of this Agreement effective as of the date the condemning authority takes the
Area.
22
(b) Partial Condemnation.
If less than all, but more than ten percent (10%) of the Marina is taken for any public or
quasi-public use under any governmental law, ordinance, or regulation or by the right of eminent
domain, or is sold to the condemning authority under threat of condemnation, either party may
terminate the Agreement by giving written notice to the other party within sixty (60) calendar days.
If the area is partly condemned and neither party elects to terminate this Agreement or if less than
ten percent (10%) of the area is condemned, this Agreement will not terminate, but the payments
to be made will be adjusted equitably during the unexpired portion of this Agreement.
(c) Condemnation Award.
The City will receive the entire award from any condemnation, and Contractor will have
no claim to that award or for the value of any unexpired term of this Agreement.
27. Liens.
Contractor will not contract for any products or services on behalf of the City that might
allow any lien of any kind to be placed on the Marina.
28. Indemnity.
(a) Contractor's General Indemnity.
City agrees to indemnify Contractor for claims brought against Contractor only to the
extent that they are found to result from the negligence of the City, its governing body, or its
employees. This indemnification shall not be construed to be an indemnification for the acts, or
omissions of third parties, independent contractors, or third-party agents of the City. This
indemnification shall not be construed as a waiver of the City's sovereign immunity and shall be
interpreted as limited to only such traditional liabilities for which the City could be liable under
the common law interpreting the limited waiver of sovereign immunity. Any claims against the
City must comply with the procedures found in §768.28, Florida Statutes. In order to comply with
the requirements of §129.06, Florida Statutes, and Article VII, Section 10 of the Florida
Constitution, the value of this indemnification is limited to the lesser of the amount payable by
either party under the substantive provisions of this Agreement, or the limitations of §768.28,
Florida Statutes. In addition, this indemnification shall be construed to limit recovery by the
indemnified party against the City to only those damages caused by City's sole negligence, and
specifically not include any attorney fees or costs associated with them.
(b) Indemnity.
Contractor is responsible only for the payment of that portion of any cleanup cost for
compliance with hazardous materials laws that arise during the term of this Agreement as a result
of a discharge of hazardous materials directly attributable to the negligence of a Contractor
employee. The City is responsible for all other cleanup costs, including all costs associated with
environmental compliance at the Marina, and the City is responsible for insuring that any other
23
responsible party participates in the clean up to the extent of its responsibility for relief.
Contractor shall indemnify, defend, and hold harmless the City from and against all claims,
liabilities, losses, damages, and costs, foreseen or unforeseen including without limitation counsel,
engineering, or any other professional or expert fees, that the City may incur by reason of the gross
negligence or willful misconduct of Contractor’s Corporate Personnel during the term of this
Agreement as set forth herein. “Corporate Personnel” means the General Manager/Dock Master,
Regional Manager, and any of Oasis’ executive level personnel holding a position of Vice
President or higher from Oasis’ corporate headquarters who perform activities at or on behalf of
the Marina in connection with the Services provided by Oasis under this Agreement. This section
survives the expiration or earlier termination of this Agreement.
29. Reservations.
Reservations for Marina slips are currently accepted up to four (4) months in advance.
Contractor has provided an operations plan relating to reservations policy, including reservations,
software, prepaying requirements, and cancellation policies.
Any changes to the reservations policy must be approved by the City Manager.
30. Facilities.
Contractor will maintain the premises in good order and in sanitary and safe condition.
Contractor shall provide one boat slip, as needed, for use by the City for a police boat at all
times during the term of this Agreement. Additionally, a second slip for a police boat, if available,
shall also be provided.
31. Collection of Delinquent Accounts.
City shall be responsible to pursue collection of delinquent accounts exceeding sixty (60)
days. Contractor shall provide a monthly aged receivables report to the City.
32. Use of Trademarks, Service Marks and Related Items
In providing its services under this Agreement, Contractor will use the name, trademark
and service mark "CONTRACTOR" and such other trademarks, service marks, logos, commercial
symbols, insignia and designs as Contractor shall deem appropriate (collectively, the
"Trademarks") and certain operations manuals and software (including operations, emergency
procedures, personnel, risk management and accounting software and manuals), formats
(including financial reporting and budgeting formats) and forms (including bookkeeping,
accounting and lease forms) and software (collectively, the "Proprietary Material"). Contractor
grants City the nonexclusive, nontransferable right to have Contractor, for the benefit of City, use
the Trademarks and Proprietary Material in connection with the management and operation of the
Marina all subject to Contractor's complete control. It is understood and agreed that Contractor
shall have the right to use and license others to use the Trademarks and Proprietary Material
24
elsewhere for any purposes whatsoever, including without limitation in the management and
operation of other marinas. Immediately upon the expiration or termination of this Agreement,
City shall (a) return to Contractor all materials bearing any of the Trademarks and all Proprietary
Material without retaining any copies of them, and (b) cease all use of the Trademarks and
Proprietary Material by all means required, including without limitation changing all telephone
listings using any of the Trademarks, removing all signs bearing any of the Trademarks, and using
its best efforts to have existing tenants at the Marina sign new leases to replace their existing lease
forms. Nothing contained in this Agreement shall give City any right, title or interest in or to any
of the Trademarks or Proprietary Material, except the mere privilege and license during the term
of this Agreement to have Contractor, for the benefit of City, use the Trademarks and Proprietary
Material in connection with the management and operation of the Marina. City acknowledges and
agrees that the Trademarks and Proprietary Material are the exclusive property of Contractor and
that City does not now assert and will not assert to any subsequent claim to any goodwill,
reputation or ownership of any of the Trademarks or Proprietary Material. City shall not do or
permit any act or thing to be done in derogation of any of Contractor's rights in any of the
Trademarks or Proprietary Material, either during the term of this Agreement or thereafter. City
shall not, during or after the term of this Agreement, in any way dispute or impugn the validity of
the Trademarks or Proprietary Material, the rights of Contractor in them, or the rights of Contractor
or other licensees of Contractor to use the same, both during the term of this Agreement and
thereafter. The provisions of this section shall survive the expiration or termination of this
Agreement.
33. Scrutinized Companies.
Contractor shall certify that it is not on the Scrutinized Companies that Boycott Israel List
created pursuant to Section 215.4725, Florida Statutes (2018), and that it is not engaged in a
boycott of Israel. The City may terminate this Agreement at the City's option if Contractor is
found to have submitted a false certification as provided under subsection (5) of section 287.135,
Florida Statutes (2018), as may be amended or revised, or been placed on the Scrutinized
Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018),
as may be amended or revised, or is engaged in a boycott of Israel.
34. Verification of Employment Eligibility.
Contractor represents that Contractor and each Subcontractor has registered with and uses
the E-Verify system maintained by the United States Department of Homeland Security to verify
the work authorization status of all newly hired employees in compliance with the requirements of
Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute.
If Contractor violates this section, Municipality may immediately terminate this Agreement for
cause and Contractor shall be liable for all costs incurred by Municipality due to the termination.
35. Sovereign Immunity
Contractor acknowledges that the Florida Doctrine on Sovereign Immunity bars all claims
by Contractor against the Contractor other than claims arising out of this Agreement. Specifically,
the Contractor acknowledges that it cannot and will not assert any claims against the Contractor,
25
unless the claim is based upon a breach by the Contractor of this Agreement. Further, the
Contractor recognizes the Contractor is a sovereign with regulatory authority that it exercises for
the health, safety, and welfare of the public. This Agreement in no way estops or affects the
Contractor' s exercise of that regulatory authority. In addition, the Contractor retains the full extent
of its sovereign immunity in relation to the exercise of its regulatory authority. The Contractor
acknowledges that it has no right and will not make claim based upon any of the following:
a. Claims based upon any alleged breach by the Contractor of implied warranties or
representations not specifically set forth in this Agreement, as the parties stipulate that there are
no such implied warranties or representations of the Contractor. All obligations of the Contractor
are only as set forth in this Agreement;
b. Claims based upon negligence or any tort arising out of this Agreement;
c. Claims upon alleged acts or inaction by the City, its commissioners, attorneys,
administrators, Contractors, agents, or any Contractor employee; and
d. Claims based upon an alleged waiver of any of the terms of this Agreement unless such
waiver is in writing and signed by an authorized representative for the Contractor and Contractor.
36. Financial Records.
The Contractor shall maintain accurate and complete financial records of its activities and
operations relating to this Agreement in accordance with generally accepted accounting principles.
Contractor shall maintain adequate records to justify all charges and costs incurred in performing
the services for at least three (3) years after completion of this Agreement. Contractor agrees that
Contractor, or its authorized representatives, shall have access to and the right to examine, audit,
excerpt, copy or transcribe any pertinent transaction, activity, or records relating to this Agreement
during normal business hours. All such materials shall be maintained by Contractor at a location
in Broward County, Florida; provided that if any such material is located outside Broward County,
then, at Contractor’s option Contractor shall pay Contractor for travel, per diem, and other costs
incurred by Contractor to examine, audit, excerpt, copy or transcribe such material at such other
location. Contractor shall make a reasonable effort to maintain the confidentiality of such audit
report( s).
37. INTENTIONALLY OMITTED
26
IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day
and year first written above.
CITY OF DANIA BEACH, FLORIDA,
ATTEST: a Florida municipal corporation
ELORA RIERA, MMC ARCHIBALD J. RYAN IV
CITY CLERK MAYOR
APPROVED AS TO LEGAL FORM
AND CORRECTNESS: ANA M. GARCIA, ICMA-CM
CITY MANAGER
EVE A. BOUTSIS
CITY ATTORNEY
CONTRACTOR:
Signature
PRINT Name
Title
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of ☐ physical
presence or by ☐ online notarization, on , 2023, by
as of on behalf of the corporation. He/she
is personally known to me or has produced as identification.
NOTARY PUBLIC
State of
My commission expires:
27
EXHIBIT A – DANIA BEACH MUNICIPAL MARINA SLIP LAYOUT
28
EXHIBIT B – CITY RFP
CITY OF DANIA BEACH, FLORIDA
_________________________________________
REQUEST FOR PROPSALS FOR
DANIA BEACH MARINA MANAGEMENT
_________________________________________
City Request for Proposals (“RFP”)
No. 23-012
Prepared by:
City of Dania Beach, Florida
100 W. Dania Beach Boulevard
Dania Beach, FL 33004
JULY 10, 2023
CITY OF DANIA BEACH, FLORIDA
REQUEST FOR PROPOSAL FOR
“DANIA BEACH MARNIA MANAGEMENT”
City Request for Proposal (“RFP”) No. 23-012
NOTICE TO PROPOSERS
NOTICE IS GIVEN that the City of Dania Beach, Florida (the “City”) will be accepting sealed Proposals
from qualified and licensed firms for “DANIA BEACH MARNIA MANAGEMENT”, RFP 23-012”.
Documents may be obtained from www.demandstar.com, or from the City Website at
www.daniabeachfl.gov. For additional information concerning this proposal, please contact the
Procurement Department at procurement@daniabeachfl.gov.
Electronic proposals must be received no later than 1:00 P.M. on AUGUST 3, 2023. Proposals will be
publicly opened at 1:00 P.M. on that same day utilizing Zoom meeting software. Proposals must be
submitted at www.demandstar.com.
The City of Dania Beach reserves the right to reject any and all proposals, with or without cause, to
waive any informality in a proposal, to terminate the process or re-advertise and solicit new or
additional proposals, and to make awards in the best interest of the City.
MANDATORY PRE-PROPOSAL MEETING
A MANDATORY Pre-proposal conference will be held at 11:30 a.m. July 17, 2023, at the Dania
Beach Marina located at 151 North Beach Road, Dania Beach, FL 33004. All Proposers and
interested persons are required to attend the meeting, which will outline the Project as described
in the RFP, and provide an opportunity for questions and answers for all interested persons. Any
interpretations, clarifications or additional information not disclosed in this RFP and determined
to be necessary by the Owner in response to questions, will be issued by means of addendum or
addenda, which addendum or addenda will be posted to the City website, www.daniabeachfl.gov,
and www.demandstar.com, for all interested persons identified by the Owner as having received
the RFP Documents. The Proposer is required to check these sites to see if there has been any
addendum or addenda posted for this RFP. Only questions answered and information supplied by
means of such addendum or addenda will be considered as binding. Oral interpretations,
clarifications or other information will have no legal and binding effect. Responses from those
who have failed to attend will not be opened. Proposers arriving past the indicated time will not
be eligible to submit a Proposal.
PROPOSAL SUBMISSION
Proposals must be submitted electronically on DemandStar, the City’s designated electronic bidding
system. All bid document files must be clearly labeled “DANIA BEACH MARNIA
MANAGEMENT”, RFP 23-012”.
Pursuant to Florida law, all Proposals to this RFP are exempt public records until thirty (30) days
after opening, or award of Proposal, whichever is sooner. In the event presentations are necessary,
all responders will be required to exit the room during the presentations of the other responders as
portions of selection committee meetings at which presentations are made are exempt from Florida’s
public meeting laws.
Proposals will be publicly opened and read aloud at 1:00 P. M., on the Proposal due date referenced
above using Zoom meeting software on the above stated date and may be joined by utilizing this
link:
https://daniabeachfl-gov.zoom.us/j/86179805178?pwd=OHFFVkdGbUMycXhNREpLT3lCWkxUZz09
Award of Contracts for the Proposals will be made at a subsequent City Commission meeting.
All Proposers are advised that the City has not authorized the use of the City seal by individuals or
entities responding to City Proposals.
The City Commission of the City of Dania Beach reserves the right to reject any and all Proposals,
to waive any informality in a Proposal and to make an award in the best interests of the City.
Published on: July 5, 2023
1. INSTRUCTION TO PROPOSERS
The following instructions are given for the purpose of guiding Proposers in properly preparing their
Proposals. These directions have equal force and weight with the specifications and strict compliance
is required with all of these provisions.
1.1 Qualifications of Proposers: No Proposal will be accepted from, nor will any contract be awarded
to, any person who is in arrears to the City of Dania Beach, upon any debt or contract, or who has
defaulted, as surety or otherwise, upon any obligation to the City, or who is deemed irresponsible
or unreliable by the City Commission of Dania Beach. Minority, women-owned, and labor surplus
area businesses and firms are encouraged to submit Proposals.
1.2 Personal Investigation: Proposers shall satisfy themselves by personal investigation and by
such other means as they may think necessary or desirable, as to the conditions affecting the
proposed work and the cost. No information derived from maps, plans, specifications, or from
the City staff or their assistants shall relieve the Contractor from any risk or from fulfilling all
terms of the contract. Before submitting a Proposal, each Proposer must visit the site (if
applicable to the project) to become familiar with the facilities and equipment that may in any
manner affect cost or performance of the work; must consider federal, state and local laws,
ordinances, rules and regulations that may in any manner affect cost or performance of the
work, must carefully compare the Proposer's observations made during site visits or in review
of applicable laws with the Proposal Documents; and must promptly notify the Project Contact
person of all conflicts, errors and discrepancies, if any, in the Proposal Documents.
The Proposer, by and through the submission of a Proposal, agrees that Proposer shall be held
responsible for having examined the facilities and equipment (if applicable); is familiar with the
nature and extent of the work and any local conditions that may affect the work, and is familiar
with the equipment, materials, parts and labor required to successfully perform the work.
1.3 Inconsistencies: Any seeming inconsistency between different provisions of specifications,
Proposal or contract, or any point requiring explanation must be inquired into by the Proposer,
in writing, at least ten (10) days prior to the time set for opening Proposals. After Proposals are
opened, the Proposers shall abide by the decision of the City Manager or designee as to such
interpretation.
1.4 Omission of Details, Variances and Exceptions. The apparent silence of the requirements
as to any detail, or the apparent omission of a detailed description concerning any point, shall
be regarded as meaning that only the best commercial practice is to prevail, and that only
material and workmanship of the finest quality is to be used. All interpretations of the
specifications shall be made on the basis of this statement. Omission of any essential details
from these specifications will not relieve the Proposer of supplying such services or
product(s) as specified.
For the purpose of evaluation, the Proposer must indicate any variance or exceptions to the
stated requirements, no matter how slight. Deviations should be explained in detail. Absence
of variations, corrections or both will be interpreted to mean that the Proposer meets all the
requirements in every respect.
1.5 Costs and compensation shall be shown in both unit prices and extensions whenever applicable,
and expressed in U.S. Dollars. In the event of discrepancies existing between unit prices and
extensions or totals, the unit prices shall govern. All costs and compensation shall remain firm
and fixed for acceptance for 120 calendar days after the day of the Proposal opening. The
Proposal price shall include all franchise fees, royalties, license fees, etc., as well as all costs for
transportation or delivery as applicable within the scope of the solicitation.
1.6 Performance Bond and Insurance: Upon award of a contract, the Successful Proposer, as
required within the scope of the solicitation, may be required to submit performance bonds,
payment bonds or both. Proposer shall provide certificates of insurance in the manner, form
and amount(s) specified.
1.7 Addenda and Interpretations: No interpretations of the meaning of the plans, specifications or
other contract documents will be made orally to any Proposer. Prospective Proposers must
request from the City Clerk or City designee such interpretation in writing. To be considered,
such request must be received at least ten (10) days prior to the date fixed for the opening of
responses. Any and all interpretations and any supplemental instructions will be in the form of
a written addenda which, if issued, will be sent by certified mail with return receipt requested, to
all prospective Proposers (at the address furnished for such purpose) not later than three (3) days
prior to the date fixed for the opening of Proposals. Failure of any Proposer to receive any such
addenda or interpretation shall not relieve any Proposer from any obligation under the Proposal
as submitted. All addenda so issued shall become a part of the contract document. Contractor
shall verify that it has all addenda before submitting a Proposal.
1.8 Non-Collusion Affidavit: Each Proposer shall complete the Non-Collusive Affidavit form and
shall submit the form with their Proposal. City considers the failure of the Proposer to submit
this document may be cause for rejection of the Proposal.
1.9 Public Entity Crimes: Each Proposal shall complete the Public Entity Crimes form. In
accordance with Florida Statutes §287.133 (2)(a): A person or affiliate who has been placed
on the convicted vendor list following a conviction for public entity crime may not submit a
Proposal on a contract to provide any goods or services to a public entity, may not submit a
Proposal on a contract with a public entity for the construction or repair of a public building
or public work, may not submit Proposals on leases of real property to public entity, may not
be awarded or perform work as a contractor, supplier, subcontractor, or contractor under a
contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Florida Statutes §287.017 for Category Two, for a period
of 36 months from the date of being placed on the convicted vendor list.
1.10 Conflict of Interest: The award of any contract under this RFP is subject to the provisions
of Chapter 112, Florida Statutes. Proposers must disclose with their Proposal the name of any
officer, director, partner, proprietor, associate or agent who is also an officer or employee of
City or any of its agencies. Further, all Proposals must disclose the name of any officer or
employee of City who owns, directly or indirectly, an interest of five percent (5%) or more in
the Proposer's firm or any of its branches or affiliate companies.
1.11 Legal Conditions: Proposers are expected to familiarize themselves with the provisions of the
laws of the United States and State of Florida, and with the provisions in the Charter and the
ordinances of the City of Dania Beach.
1.12 Forms and Proposals: Proposals will be received until November 5, 2023, at 10:00 a.m. by
submission to DemandStar. Each Proposal and its accompanying statements must be made on
the blanks provided. The forms must be submitted in good order and with all the blanks filled
in.
1.13 All Proposals must be submitted electronically on DemandStar. The Proposal must be signed
by one duly authorized to do so, and in case signed by a deputy or subordinate, the Proposer’s
principal's properly written authority to such deputy or subordinate must accompany the
Proposal. No Proposal will be accepted, for any reason whatsoever, which is not submitted as
stated above, within the specified time. Any uncertainty regarding the time a Proposal is received
will be resolved against the Proposer.
1.14 Proposal Bond: A certified check, cashier's check, or bank officer's check, or RFP bond for
the sum of TEN THOUSAND DOLLARS ($10,000.00), made payable to the City of Dania
Beach, Florida, or Proposal bid bond in such amount, shall accompany each Proposal as evidence
of the good faith and responsibility of the Proposer. The check or bond shall be retained by the
City as liquidated damages should the Proposer refuse to or fail to enter into a Contract for the
execution of the work embraced in this Proposal, in the event the Proposal of the Proposer is
accepted. Retention of such amount shall not be construed as a penalty or forfeiture.
The above bond or check shall be a guarantee that the Proposer will, if necessary, promptly
execute a satisfactory Contract and furnish good and sufficient bonds. As soon as a satisfactory
Contract has been executed and the bonds furnished and accepted, the check or bond
accompanying the Proposal of the successful Proposer will be returned to it. The certified or
other checks or bid bonds of the unsuccessful Proposers will be returned to it upon the acceptance
of the Proposal of the successful Proposer. If the successful Proposer shall not enter into, execute,
and deliver such a Contract and furnish the required bonds within ten (10) days after receiving
notice to do so, the certified or other check or bid bond shall immediately become the property
of the City of Dania Beach as liquidated damages. Retention of such amount shall not be
construed as a penalty or forfeiture.
1.15 Filling in Proposals: All prices must be written in the Proposal and also stated in words, and
all Proposals must fully cover all items for which Proposals are asked and no other. Proposers
are required to state the names and places of residence of all persons interested, and if no other
person is interested, the Proposer shall distinctly state such fact and shall state that the Proposal
is, in all respects, fair and without collusion or fraud. Where more than one person is interested,
it is required that all persons interested or their legal representative disclose such fact in writing
to the City.
1.16 Proposals Firm for Acceptance: Proposer warrants, by virtue of proposing, that the Proposal
and the prices quoted in the Proposal will be firm for acceptance by the City for a period of one
hundred twenty (120) days from the date of Proposal opening.
1.17 Withdrawals: Any Proposer may, without prejudice, withdraw a Proposal at any time prior to
the expiration of the time during which Proposals may be submitted. Such request for withdrawal
must be in writing and signed in the same manner and by the same person who signed the
Proposal. After expiration of the period for receiving Proposals, no Proposal can be withdrawn,
modified, or explained. Should Proposer withdraw its Proposal after expiration of the period for
receiving Proposals, its bond shall be retained by the City.
1.18 Causes for Rejection: No Proposal will be canvassed, considered, or accepted which, in the
opinion of the City Manager, is informal or unbalanced, or contains inadequate or unreasonable
prices for any items; each item must carry its own proportion of the cost as nearly as is
practicable. Any alteration, erasure, interlineations, or failure to specify Proposals for all items
called for in the schedule shall render the Proposal informal.
1.19 Rejection of Proposals: To the extent permitted by applicable state and federal laws and
regulations, City reserves the right to reject any and all Proposals, to waive any and all
informalities not involving price, time or changes in the work with the Successful Proposer, and
to disregard all nonconforming, non-responsive, unbalanced or conditional Proposals. Proposals
will be considered irregular and may be rejected if they show serious omissions, alterations in
form, additions not called for, conditions or unauthorized alterations, or irregularities of any kind.
The City Commission reserves the right to reject any Proposal if the evidence submitted by the
Proposer, or if the investigation of such Proposer, fails to satisfy the City that such Proposer is
properly qualified to carry out the obligations and to complete the work contemplated. Any or
all Proposals will be rejected, if there is reason to believe that collusion exists among Proposers.
A Proposal will be considered irregular and may be rejected, if it shows serious omissions,
alterations in form, additions not called for, conditions or unauthorized alternates, or irregularities
of any kind. The City of Dania Beach reserves the right to reject any and all Proposals, to waive
any and all informalities and irregularities, and to accept or reject all or any part of any Proposal
as they deem to be in the best interest of the citizens of the City of Dania Beach, or the City may
reject Proposals and re-advertise.
1.20 RFP Protest Procedure: After a Notice of Intent to Award a contract is posted, any actual or
prospective manufacturer or distributor claiming to be aggrieved in connection with the pending
award of the Contract, or any element of the process leading to the award of the Contract may
protest to the City Manager. A protest must be filed by 5:00 P.M. on the third (3rd) Business Day
after posting of the Notice of Award (excluding the day that the Notice is posted) or any right to
protest is waived. The protest must be in writing, must identify the name and address of the
protester, and must include a factual summary of, and the basis for, the protest. Filing shall be
considered complete when the written protest, together with an RFP Protest Bond, is both timely
received by the City Manager’s Office.
An RFP Protest Bond is to compensate the City for the expenses of administering the protest. If
the protest is decided in the protester's favor, the entire deposit shall be returned to the
protester. If the protest is not decided in the protester's favor, the deposit shall be retained by the
City. The deposit shall be in the form of a cashier's check. The amount of the RFP Protest Bond
shall be one percent (1%) of the amount of the pending award for which the bidder is protesting,
or five thousand dollars ($5,000.00), whichever is less.
1.21 Protest Committee: The Protest Committee shall have the authority to review, settle, and
resolve all protests. Members of the Protest Committee will be appointed by the City Manager.
If the Protest Committee determines that the pending award of a contract or any element of the
process leading to the award involved a significant violation of law, applicable rule or regulation,
all steps necessary and proper to correct the violation shall be taken. If the Protest Committee
determines that the protest has merit, the City Manager shall direct all appropriate steps be taken
to remedy it.
In the event of a timely protest, the City Manager shall stay the award of the Contract, unless
after consulting with the City Attorney and a representative from the City’s Department for
which the services are being obtained, the City Manager then determines that the award of the
contract is necessary without delay to protect the substantial interests of the City. The
continuation of the bid award process under these circumstances shall not preempt or otherwise
affect the protest.
1.22 Award of Proposal: The City Commission will award the Proposal to the most responsible
and responsive lowest price Proposer that meets the qualifications identified in Section 1.1,
entitled Qualification of Proposers. The Contractor awarded the Proposal must have satisfactory
references.
1.23 Agreement: The Proposer(s) to whom or to which an award is made shall execute a written
agreement to do the work in the form attached to this RFP. The award may be canceled by the
City Commission and awarded to the next lowest priced responsible and responsive Proposer. If
this occurs, such Proposer shall fulfill every stipulation as if it were the original party to whom
or to which an award was made. The Agreement will include specific insurance, performance
bond, and indemnification requirements as set forth in the attached specifications. Proposers
must submit any questions, issues, or concerns with the terms, language or both in the attached
Agreement by the deadline for submitting requests for interpretations.
1.24 Payment: Payment will be made when all work is completed to the satisfaction of the City
Manager or designee. Successful Proposer shall submit invoices regularly, for no more than 30-
day periods, as work progresses.
1.25 Audit of Contractor’s Records: Upon execution of the Contract, the City reserves the right
to conduct any necessary audit of the Contractor's records. Such an audit, or audits, may be
conducted by the City or its representatives at any time prior to final payment, or thereafter, for
a period up to three (3) years. if an audit has been initiated and audit findings have not been
resolved at the end of these three (3) years, the records shall be retained by the City until
resolution of audit finding. The City may also require submittal of the records, at no cost to the
City, from the Contractor, any subcontractor, or both. For the purpose of this Section, records
shall include all books of account, supporting documents and papers deemed necessary by the
City to assure compliance with the Contract provisions.
Failure of the Contractor or subcontractor to comply with these requirements may result in
disqualification or suspension from bidding or proposing for future contracts or disapproval as a
subcontractor at the option of the City. The Contractor shall assure that a subcontractor will
provide access to its records pertaining to the services upon request by the City.
1.26 Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended): Contractors who apply
or submit a Proposal for an award of $100,000.00 or more shall file the required certification.
Each tier certifies to the tier above that it will not and has not used federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds
that takes place in connection with obtaining any federal award. Such disclosures are forwarded
from tier to tier up to the recipient.
1.27 City: Failure by City to respond to an inquiry shall not excuse late or incomplete submissions.
1.28 Lobbyists: Pursuant to Broward County Ordinance 2011-19, Lobbyists, and any of their
principals or employers attending such meeting, are required to complete a Contact Log
contemporaneously with a lobbyist meeting. City of Dania Beach Code of Ordinances, Article
XI, “Lobbyist Regulations,” Sections 2-231 through 2-234 require Lobbyists to register with the
City PRIOR to engaging in lobbyist activities within the City. Contact with personnel of the City
of Dania Beach other than the City Clerk or designated representative regarding the RFP shall
be grounds for elimination and disqualification from the selection process.
2. SUBMISSION OF PROPOSALS
2.1 Proposals must be typed or legibly printed in blue ink. Use of erasable ink is not
permitted. All corrections to prices made by the Proposer should be initialed.
2.2 All Proposals shall be submitted in the English language, and pricing expressed in
U.S. Dollars.
2.3 Proposals must contain a manual signature of a corporate officer or designee with the
proven authority to bind the Proposer. The address and telephone number for any
communications regarding the Proposal must be included.
2.4 Proposals shall contain an acknowledgment of receipt of all addenda.
2.5 Proposals by corporations must be executed in the corporation’s legal name by the
President or other corporate officer, accompanied by evidence of authority to sign.
Evidence of authority shall be provided on the enclosed Certified Resolution form, or
by the company’s own Corporate Resolution.
2.6 Proposals by partnerships must be executed in the partnership name and signed by a
partner, whose title must appear under the signature.
2.7 Proposals shall be submitted to the Procurement Division on or before the time
indicated in the Request for Proposals by the methods described above. City Clerk’s
Office staff is not responsible for the premature opening of a Proposal that is not
identified.
2.8 In accordance with Florida Statutes, Chapter §119.07(1)(a) and except as may be
provided by other applicable state and federal law, the Request for Proposals and the
responses to it are in the public domain. However, Proposers are requested to
specifically identify in the submitted Proposal any financial information considered
confidential, proprietary or both which may be considered exempt under Florida
Statute §119.07(t).
2.9 All Proposals received from Proposers in response to the Request for Proposals will
become the property of City and will not be returned. In the event of Contract award,
all documentation produced as part of the Contract shall become the exclusive property
of City.
2.10 The Proposer preparing a submittal in response to this RFP shall bear all
expenses associated with its preparation. The Proposer shall prepare a submittal with
the understanding that no claim for reimbursement shall be submitted to the City for
the expense of Proposal preparation, presentation, or both.
3. QUALIFICATIONS OF PROPOSALS
3.1 Each Proposer shall complete the Proposal’s Qualifications Statement and submit the
form with the Proposal. Failure to submit the Proposer’s Qualifications Statement and
the documents required under it may constitute grounds for rejection of the Proposal.
3.2 As a part of the evaluation process, the City may conduct a background investigation
including a criminal record check of Proposer’s officers and employees, by the
Broward County Sheriff’s Office. Proposer’s submission of a Proposal constitutes
acknowledgement of and consent to such investigation. City shall be the sole judge
in determining Proposer’s qualifications.
3.3 No Proposal shall be accepted from, nor will any contract be awarded to, any person
who is in arrears to City for any debt or contract, or who is a defaulter, as surety or
otherwise, of any obligation to City, or who is deemed irresponsible or unreliable by
City. City will be the sole judge of such determination. The City reserves the right
to make a pre-award inspection of the Proposer's facilities and equipment prior to
award of Contract.
3.4 Employees of the Proposer shall at all times be under its sole direction and not an
employee or agent of the City. The Proposer shall supply competent and physically
capable employees. The City may require the Proposer to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable. Proposer
shall be responsible to the City for the acts and omissions of all employees working
under its directions.
4. SCOPE OF SERVICES
The City of Dania Beach is seeking a firm to manage, operate and provide maintenance and
security for the City Marina by minimizing cost while maximizing net revenue to the City. The
goal of the City is to improve and maintain the marina infrastructure and general operations to
provide a clean and safe environment for its customers. The scope of services includes, but is not
limited to:
1. Marina Security
o Security will be provided from 6:00 p.m. through 8:00 a.m., seven (7) days a week,
three hundred sixty-five (365) days per year.
2. Rentals
o Under direction of the City, oversee and collect rent for boat slip rentals.
o Maintain all rental and receipt records for the marina.
o Provide a monthly report of marina rental revenues.
3. Marketing and Advertising for the Marina
4. Oversight of Repairs and Improvements
o Routine maintenance and repairs
o Minor capital improvements
5. Records Management and Bookkeeping
o Must maintain a system of written internal controls, record keeping and
bookkeeping.
The Dania Beach Marina was renovated in 2014. The Marina has 120 Bellingham Floating
Concrete Docks; ninety-two (92) of them are permanent docks and twenty-eight (28) are
transient/day docks. Each slip has a pump out system, 50-amp and 30-amp electrical service
pedestals with water and access to WiFi.
The Dock Master Building consists of a Captain’s Lounge, showers, restrooms, laundry facility,
and large picnic pavilion with BBQ grills and a fish cleaning station.
5. PROPOSAL REQUIREMENTS
5.1 Proposers shall, as a minimum, include the following information with the submittal
of its Proposal:
1. Executive Summary
Summarize the business entity, its background, main office(s), and office location
that will service this contract. Identify the officers, principals, supervisory staff and
key individuals who will be directly involved with the work and their office
locations. The executive summary should also summarize the key elements of the
proposal.
2. Relevant Experience
Indicate the firm’s number of years of experience in providing the professional
services as it relates the work contemplated.
3. Approach
Provide in concise narrative form, your understanding of the City's needs, goals and
objectives as they relate to the services sought, and your overall approach to
accomplishing the services. Give an overview on your proposed vision, ideas and
methodology.
The City, at its discretion, may allow for time extensions for unforeseen and
unexpected delays. Also provide information on your firm’s current workload and
how this project will fit into your workload.
Describe available facilities, technological capabilities and other available
resources you offer.
4. References
Provide names, addresses, and telephone numbers of five (5) references who are
capable of explaining and confirming the firm’s capacity to successfully provide
the Services sought in this RFP.
5. Pricing
Provide a cost estimate for the Services to be provided based on the Scope of
Services and the firm’s proposed approach.
5.2 Summary of Documents To Be Submitted With Proposals. The following is a
summary of documents required to be submitted for this Proposal. Failure to
include a technical Proposal, cost Proposal, Proposal surety (if required below), or
any other document that, by its omission, may prejudice the rights of other possible
Proposers or respondents, may result in immediate rejection of a Proposal.
The Forms are as follows:
Exhibit “A” Proposer’s Qualifications
Exhibit “B” Public Entity Crimes Form
Exhibit “C” Non-Collusion Affidavit
Exhibit “D” Drug-Free Workplace Certification
Exhibit “E” Acknowledgement of Addenda
Exhibit “F” References
Exhibit “G” Certification to Accuracy of Proposal
Other forms or documents which, by their nature do not impact price or the Proposer’s cost of
doing business should accompany the Proposal; but must be provided within three (3) business
days of the City’s request to be considered responsive.
The City reserves the right to request the most recently completed audited financial statement, or
other approved documentation to verify financial viability.
6. EVALUATION METHOD AND CRITERIA
Evaluation of the responses will be conducted by an Evaluation Committee composed of City staff,
or other persons selected by the City Manager or designee. Proposals shall be evaluated based
upon the information and references contained in the responses as submitted. The Evaluation
Committee will evaluate all responsive proposals at duly advertised public evaluation meetings in
accordance with Florida law. The City reserves the right to award the contract to the Proposer
which will best serve the interest of the City.
The scoring of the Proposals by the Evaluation Committee will be based on a point total and not a
percentage factor. The Evaluation Committee will evaluate and rank the Proposals received on the
basis of the criteria and available points indicated below:
CRITERIA MAXIMUM POINTS
Firm Qualifications
Experience in field, workload of current projects
25
Approach
Understanding the scope of work, ability to comply with the full scope
of work, technical soundness of Proposal
35
Price Proposal
Estimated total cost of project
30
References 10
AWARD OF AGREEMENT
Award shall be made by the City to the responsible Proposer whose Proposal is determined to be
the most advantageous to the City, taking into consideration price and the evaluation criteria set
forth below. The City of Dania Beach reserves the right to accept the Proposal as a whole, or for
any component of it if it appears to be in the best interest of the City.
CONTRACT TERM
The initial Contract period shall be for five (5) years. In addition, contingent upon Budget approval,
the City reserves the right to renew the contract for two (2) additional three (3) year periods, under
the same terms, conditions and specifications, by written notification to the Contractor by the City.
7. PUBLIC RECORDS:
If selected, the following will apply:
7.1 Proposer agrees to keep and maintain public records in Proposer’s possession or
control in connection with Proposer’s performance under the Agreement. Proposer
additionally agrees to comply specifically with the provisions of Section 119.0701,
Florida Statutes. Proposer shall ensure that public records that are exempt or
confidential and exempt from public records disclosure requirements are not
disclosed, except as authorized by law, for the duration of the Agreement, and
following completion of the Agreement until the records are transferred to the City.
7.2 Upon request from the City custodian of public records, Proposer shall provide the
City with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided by
Chapter 119, Florida Statutes, or as otherwise provided by law.
7.3 Unless otherwise provided by law, any and all records, including but not limited to
reports, surveys, and other data and documents provided or created in connection
with the Agreement are and shall remain the property of the City.
7.4 Upon completion of the Agreement or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the
Proposer shall be delivered by the Proposer to the City Manager, at no cost to the
City, within seven (7) days. All such records stored electronically by Proposer shall
be delivered to the City in a format that is compatible with the City’s information
technology systems. Once the public records have been delivered upon completion
or termination of the Agreement, the Proposer shall destroy any and all duplicate
public records that are exempt or confidential and exempt from public records
disclosure requirements.
7.5 Any compensation due to Proposer shall be withheld until all records are received
as provided in this RFP.
7.6 Proposer’s failure or refusal to comply with the provisions of this section shall
result in the immediate termination of the Agreement by the City.
7.7 Section 119.0701(2)(a), Florida Statutes
IF THE PROPOSER HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
PROPOSER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THE CONTRACT, THE PROPOSER MUST CONTACT THE
CITY CUSTODIAN OF PUBLIC RECORDS.
Custodian of Records: ELORA RIERA, CITY CLERK
Mailing Address: 100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
Telephone number: 954-924-9800, Ext. 3623
Email: eriera@daniabeachfl.gov
8. INSURANCE REQUIREMENTS
8.1 Proposer agrees to, in the performance of work and services under this Agreement,
comply with all federal, state, and local laws and regulations now in effect, or
hereinafter enacted during the term of the agreement that are applicable to Proposer, its
employees, agents, or subcontractors, if any, with respect to the work and services
described in this RFP.
8.2 Proposer shall obtain at Proposer’s expense all necessary insurance in such form and
amount as required by this Proposal or by the City’s Risk Manager before beginning
work under the Agreement. Proposer shall maintain such insurance in full force and
effect during the life of the Agreement. Proposer shall provide to the City’s Risk
Manager current certificates of all insurance required under this section prior to
beginning any work under the Agreement.
8.3 Proposer shall indemnify and save the City harmless from any damage resulting to it
for failure of a Proposer to obtain or maintain such insurance.
8.4 The following are required types and minimum limits of insurance coverage, which the
Proposer agrees to maintain during the term of this contract:
The Contractor (the term “Contractor” refers to the successful Proposer in this RFP)
shall not commence Work under the Agreement until Contractor has obtained all
insurance required in this RFP, and not until such time that the coverages are
approved by the Risk Manager of the City. The Contractor shall not allow any
employee of Contractor or any Subcontractor to commence Work on any
subcontract until the subcontractor and all Coverages required of any subcontractor
have been obtained and approved in writing by the Risk Manager of the City. In
addition, Contractor shall be responsible for any and all policy deductibles and self-
insured retentions.
The following are requirements that must be met regarding the Proposer’s
delivery of Certificates of Insurance for all coverages required in the
Agreement and Proposal Documents:
“Preliminary” certificate means that certificates of insurance verifying all general
insurance requirements (as noted below) must be included with a Proposal submittal on the
date and time of the Proposal opening.
If the “preliminary” certificates are not included with a Proposal submittal, then the City
has the right to consider the submitted Proposal as non-responsive on the date and time of
the Proposal opening. “Preliminary” Certificates may be issued without documentation
of all “Special Provisions”. However, Contractor does understand that all provisions,
including “Special Provisions” noted below are expected to be fully documented on or
attached to the “Official” Certificates of Insurance as described below.
“Official” Certificates of Insurance must be delivered to the City Clerk’s office and Risk
Manager of the City. If the “Official” certificates are not delivered on or before the
fourteenth (14th) Business Day after the issuance by the City of the “Notice of Apparent
Low Proposal”, then the City has the right to consider the awarded Agreement to the
successful Proposer as void and to negotiate a agreement with the next lowest responsive
and responsible Proposer.
“Special Provisions”, as referenced below under each type of insurance requirement shall
be fully confirmed on or attached to the “Official” certificates.
All Certificates of Insurance must clearly identify the agreement to which they
pertain, including a brief description of the subject matter of the agreement.
The certificates shall contain a provision that coverage afforded under the policies
will not be canceled until at least thirty (30) days’ prior written notice has been
given to City. If this coverage is not provided, then Contractor is responsible for
such notice to City. Insurance policies for required coverages shall be issued by
companies authorized to do business under the laws of the State of Florida and any
such companies’ financial ratings must be no less than A-VII in the latest edition
of the “BEST’S KEY RATING GUIDE”, published by A.M. Best Guide. In the
event that the insurance carrier’s rating shall drop, the insurance carrier shall
immediately notify the City in writing.
Coverages shall be in force until all Work required to be performed under the terms
of the Agreement, including any applicable warranty period, is satisfactorily
completed as evidenced by the formal written acceptance by the City. In the event
insurance certificates provided to City indicate that the insurance shall terminate
and lapse during the period of the Agreement, including any applicable warranty
period, then in that event, the Contractor shall furnish, at least thirty (30) days prior
to the expiration of the date of such insurance, a renewed Certificate of Insurance
as proof that equal and like coverages for the balance of the period of the
Agreement, including any extension of it, and including any applicable warranty
period, is in effect.
THE CONTRACTOR AND ANY SUBCONTRACTOR SHALL NOT
PERFORM OR CONTINUE WORK PURSUANT TO THE AGREEMENT,
UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND
EFFECT. ANY DELAY IN THE WORK CAUSED BY A LAPSE IN
COVERAGE SHALL BE NON-EXCUSABLE, SHALL NOT BE GROUNDS
FOR A TIME EXTENSION, AND WILL BE SUBJECT TO ANY OTHER
APPLICABLE PROVISIONS DESCRIBED IN THE AGREEMENT OR
ELSEWHERE IN THE PROPOSAL DOCUMENTS CONCERNING
CONTRACTOR DELAY.
The below coverages are minimum limit requirements. Umbrella or Excess
Liability policies are acceptable to provide the total required liability limits, as long
as the Risk Manager of the City reviews and approves in writing the insurance
limits on each of the policies. The City must approve any changes to these
specifications and has the right to review and amend coverage requirements. The
Contractor shall be held responsible for any modifications, deviations, or omissions
in these insurance requirements. Contractor shall be responsible for any deductible
amounts.
Comprehensive General Or Commercial Liability Insurance is to include
bodily injury, broad form property damage, products/completed operations, blanket
contractual liability, and personal/advertising injury with limits of no less than One
Million Dollars ($1,000,000.00) per occurrence, and Two Million Dollars
($2,000,000.00) annual aggregate. Coverage must be afforded on a form no more
restrictive than the latest edition of the Comprehensive General Liability policy,
without restrictive endorsements, as filed by the Insurance Services Office.
Special Provisions As To General Liability Insurance: (to be confirmed on or
attached to the Official Certificate of Insurance)
I. Marina Operators Legal Liability/Marine General Liability
A. Limits of Liability (Minimum)
• Bodily Injury & Property Damage Liability
• Each Occurrence $10,000,000
• Policy Aggregate (Per Job Location) $20,000,000
• Personal & Advertising Injury $10,000,000
• Products & Completed Operations $10,000,000
B. Endorsements Required – Include in body of COI and/or Description of
Operations
• Annual Aggregate shall apply “Per Project/Job/Location”
• Waiver of Subrogation in favor of the City
• Insurance shall apply on a primary and non-contributory basis
• “The City of Dania Beach, Florida” added as named “Additional
Insured”
II. Business Automobile Liability
A. Limits of Liability (Minimum)
• Bodily Injury and Property Damage
• Combined Single Limit $10,000,000
• Any Auto/Owned Autos or Scheduled Autos
• Including Hired and Non- Owned Autos
B. Endorsements Required - Include in body of COI and/or Description of
Operations
• City of Dania Beach included as an Additional Insured
• Waiver of Subrogation in favor of the City
III. Vessel Liability/Protection & Indemnity/Hull
If a vessel is utilized or owned by Contractor in the fulfilment of this contract, all
liability, including for damage to the vessel itself is required
A. Limits of Liability (Minimum)
• Bodily Injury and Property Damage $10,000,000
• Hull Coverage, as applicable
Pollution Liability
A. Limits of Liability (Minimum)
• Bodily Injury and Property Damage $5,000,000
B. Endorsements Required - Include in body of COI and/or Description of
Operations
• City of Dania Beach included as an Additional Insured
• Primary and non-contributory
IV. Workers’ Compensation / Employers’ Liability / Protection & Indemnity
A. Workers Compensation Limits: Statutory - State of Florida
• Waiver of Subrogation in favor of City
B. Employers Liability Limits:
• $1,000,000 for bodily injury caused by an accident, each accident
• $1,000,000 for bodily injury caused by disease, each employee
• $1,000,000 for bodily injury caused by disease, policy limit
Workers Compensation must be provided for all persons fulfilling this contract, whether
employed, contracted, temporary or subcontracted.
Contractor(s) must be in compliance with all applicable state and federal workers’
compensation laws, including US Longshore and Harbor Workers Compensation Act,
Jones Act (maritime), and Commercial Marine Employer’s Liability, as applicable.
Include proof of insurance for applicable coverage.
In no event shall Vendor be permitted to utilize in the execution of this agreement, the
following:
i) any employee, subcontractor or subcontractor employee that is exempted or
purported to be exempt from Workers’ Compensation insurance coverage;
or
ii) any employee, subcontractor or subcontractor employees who will be
covered by an employee leasing arrangement.
V. Umbrella/Excess Liability (Excess Follow Form) can be utilized to provide the
required limits. Coverage shall be “following form” and shall not be more restrictive
than the underlying insurance policy coverages, including all special endorsements and
City as Additional Insured status. Umbrella should include Employer’s Liability.
Other Conditions Required:
Subcontractors’ Compliance: It is the responsibility of the contractor to ensure that all
subcontractors comply with all insurance requirements.
Cancellation Requirements: Required insurance shall always be maintained during which the
vendor is on City premises. The above policies shall provide the City of Dania Beach with 10 days’
written notice of cancellation or material change from the insurer. If the policies do not contain
such a provision, it is the responsibility of the Contractor to provide such notice.
Notice Requirements: If an insurable incident occurs while vendor is engaged in a City project,
notification to the City is required.
Insurance Carrier Financial Stability Requirements:
Insurance must be provided by companies authorized to do business in the State of Florida. City
reserves the right but not the obligation to reject any insurer providing coverage due to poor or
deteriorating financial condition
The Company must be rated no less than “A-” as to management, and no less than “Class VII” as
to financial strength, by the latest edition of Best Insurance Guide published by A.M. best
Company, or its equivalent. All policies or certificates of insurance are subject to review and
verification by Risk Management. If a company is downgraded during the agreement term,
Vendor shall notify the City.
Certificates of Insurance/Verification of Coverage: Proof of the required insurance must reflect all
required insurance above will be furnished by Vendor to the City of Dania Beach Human Resources
Department by Certificate of Insurance within 5 days of notification of award. All certificates (and any
required documents) must be received and approved by Human Resources before any work commences to
permit Vendor time to remedy any deficiencies.
Valid Certificates verifying coverage is in force as required above must be on file with the City at
all times during the Contract. If the policies renew during the term of the Contract, updated
Certificates verifying coverage is in force shall be submitted to the City within 10 days of
expiration. Contractor and/or any Subcontractor shall not perform or continue to work pursuant
to this agreement, unless all coverages remain in full force and effect; work delay is subject to
provisions in this agreement. If vendor fails to provide proof of insurance within 7 days of City’s
receipt of notice at any time during this agreement, the City shall have the right to consider the
agreement breached, and therefore terminated.
A copy of Additional Insured Endorsement or other endorsements may be attached to the
Certificate.
Notices/ Certificate Holder:
City of Dania Beach
Risk Management Department
100 West Dania Beach Boulevard
Dania Beach, FL 33004
Email: Nina Rodriguez
NRodriguez@danibeachfl.gov
The City of Dania Beach, Florida reserves the right to review/revise, reject or accept any
required policies of insurance, including limits, coverages or endorsements, herein at the time
of the insurance submission.
9 INDEMNIFICATION
9.1 GENERAL INDEMNIFICATION: Contractor shall, in addition to any other obligation
to indemnify the City and to the fullest extent permitted by law, protect, defend,
indemnify and hold harmless the City, their agents, elected officials and employees
from and against all claims, actions, liabilities, losses (including economic losses),
costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death,
or injury to or destruction of tangible property including the loss of use resulting
therefrom, or any other damage or loss arising out of or resulting, or claimed to have
resulted in whole or in part from any actual or alleged act or omission of the Contractor,
any sub-Contractor, anyone directly or indirectly employed by any of them, or anyone
for whose acts any of them may be liable in the performance of the Work; or b).
violation of law, statute, ordinance, governmental administration order, rule,
regulation, or infringement of patent rights by Contractor in the performance of the
Work; or c). liens, claims or actions made by the Contractor or any sub-contractor
under Workers’ Compensation acts; disability benefit acts, other employee benefit acts
or any statutory bar. Any cost of expenses, including attorney fees, incurred by the City
to enforce this agreement shall be borne by the Contractor. Without limiting the
foregoing, any and all such claims, suits, etc., relating to personal injury, death, damage
to property, defects in materials or workmanship, actual or alleged infringement of any
patent, trademark, copyright or of any other tangible or intangible personal or property
right, or any actual or alleged violation of any applicable statute, ordinance,
administrative order, rule or regulation or decree of any court, is included in the
indemnity. Successful Proposer further agrees to investigate, handle, respond to,
provide defense for, and defend any such claims, etc., at its sole expense and agrees to
bear all other related costs and expenses, even if the claim(s) is groundless, false, or
fraudulent. Pursuant to Section 725.06, Florida Statutes, the indemnification required
by this Section is limited to $1,000,000.00, which the parties agree bears a reasonable
commercial relationship to the Agreement. In case of injury to persons, animals, or
property, real or personal, by reason of failure to erect or maintain proper and necessary
barricades, safeguards, and signals or by reason of any negligence of any Successful
Proposer, or any of the Successful Proposer’s agents, servants, or employees during
the performance of the work before the estimates have become due under this
Agreement, the City may, through its officials, withhold such payments as long as it
may deem necessary for the indemnity of the City, provided that the failure to pay the
same shall not be construed or considered as a waiver of the indemnity as hereinabove
set forth.
9.2 The parties recognize that various provisions of this Agreement, including but not
necessarily limited to this Section, provide for indemnification by the Contractor and that
Section 725.06, Florida Statutes, requires a specific consideration to be given. The parties
therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is
acknowledged and agreed upon, is the specific consideration for such indemnities, and the
providing of such indemnities is deemed to be part of the specifications with respect to
the services to be provided by Contractor. Furthermore, the parties understand and agree
that the covenants and representations relating to this indemnification provision shall
survive the term of this Agreement and continue in full force and effect as to the party's
responsibility to indemnify.
9.3 Upon completion of all Services, obligations and duties provided for in the Agreement,
or in the event of termination of the Agreement for any reason, the terms and conditions
of this provision shall survive indefinitely.
9.4 The Contractor shall pay all claims, losses, liens, settlements or judgments of any
nature whatsoever in connection with the foregoing indemnifications including, but not
limited to, reasonable attorney fees (including appellate attorney fees) and costs.
9.5 The Successful Proposer shall pay all claims, losses, liens, settlements or judgments of
any nature whatsoever in connection with the foregoing indemnifications including,
but not limited to, reasonable attorney fees (including appellate attorney's fees) and
costs. City reserves the right to select its own legal counsel to conduct any defense in
any such proceeding and all costs and fees associated therewith shall be the
responsibility of Successful Proposer under the indemnification agreement. Nothing
contained in this RFP is intended nor shall it be construed to waive City's rights and
immunities under the common law or Florida Statute Section 768.28 as amended
from time to time.
10 INDEPENDENT CONTRACTOR
An Agreement resulting from this solicitation does not create an employee/employer
relationship between the Parties. It is the intent of the Parties that the Contractor is an
independent contractor under the Agreement and not the City’s employee for any purposes,
including but not limited to, the application of the Fair Labor Standards Act minimum wage
and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the
Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State
Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor
shall retain sole and absolute discretion in the judgment of the manner and means of
carrying out Contractor’s activities and responsibilities under this RFP provided, further
that administrative procedures applicable to services rendered under any potential
Agreement shall be those of Contractor, which policies of Contractor shall not conflict with
City, State, or United States policies, rules or regulations relating to the use of Contractor’s
funds provided for in this document. The Contractor agrees that it is a separate and
independent enterprise from the City, that it had full opportunity to find other business, that
it has made its own investment in its business, and that it will utilize a high level of skill
necessary to perform the work. Any potential Agreement shall not be construed as creating
any joint employment relationship between the Contractor and the City and the City will
not be liable for any obligation incurred by Contractor, including but not limited to unpaid
minimum wages, overtime premiums or both.
11 DEBARMENT AND SUSPENSION
Contractors are subject to the debarment and suspension regulations implementing
Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689,
Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland
Security's regulations at 2 C.F.R. Part 3000 (Non-procurement Debarment and
Suspension). These regulations restrict awards, sub-awards, and contracts with certain
parties that are debarred, suspended, or otherwise excluded from or ineligible for
participation in federal assistance programs and activities. See 2 C.F.R. Part 200,
Appendix II, I; and Chapter IV,6.d and Appendix C, 2. A contract award must not be made
to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the
General Services Administration that contains the names of parties debarred, suspended,
or otherwise excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549. SAM exclusions can be accessed
at www.sam.gov. See 2 C.F.R. § 180.530; Chapter IV,6.d and Appendix C,2. d. In
general, an "excluded" party cannot receive a federal grant award or a contract within the
meaning of a "covered transaction," to include sub-awards and subcontracts. This includes
parties that receive federal funding indirectly, such as contractors to recipients and sub-
recipients. The key to the exclusion is whether there is a "covered transaction," which is
any non-procurement transaction (unless excepted) at either a "primary" or "secondary"
tier. Although "covered transactions" do not include contracts awarded by the federal
government for purposes of the non-procurement common rule and Department of
Homeland Security’s implementing regulations, it does include some contracts awarded by
recipients and sub-recipient.
12 SCRUTINIZED COMPANIES
Contractor shall certify that it is not on the Scrutinized Companies that Boycott Israel List
created pursuant to Section 215.4725, Florida Statutes (2018), and that it is not engaged in
a boycott of Israel. The City may terminate this Agreement at the City's option if Contractor
is found to have submitted a false certification as provided under subsection (5) of section
287.135, Florida Statutes (2018), as may be amended or revised, or been placed on the
Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725,
Florida Statutes (2018), as may be amended or revised, or is engaged in a boycott of Israel.
13 VERFICATION OF EMPLOYMENT ELIGIBILTY
Contractor represents that Contractor and each Sub-contractor has registered with and uses
the E-Verify system maintained by the United States Department of Homeland Security to
verify the work authorization status of all newly hired employees in compliance with the
requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will
not violate that statute. If Contractor violates this section, Municipality may immediately
terminate this Agreement for cause and Contractor shall be liable for all costs incurred by
Municipality due to the termination.
14 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL
INTERESTS IN GOVERNMENT CONTRACTING
Proposers are hereby notified of the provisions of section 287.05701, Florida Statutes, as
amended, that the City will not request documentation of or consider a Proposer's social,
political, or ideological interests when determining if the Proposer is a responsible
Proposer. Proposer are further notified that the City's governing body may not give
preference to a Proposer based on the Bidder's social, political, or ideological interests.
15 DELIVERIES
Any item requiring delivery by the Proposer or by sub-contractors shall be delivered F.O.B.
destination to a specific City address. All delivery costs and charges must be included in
the Proposal price. If delivery of an item is required, the City reserves the right to cancel
the delivery order(s) or any part of it, without obligation if delivery is not made at the time
specified in the Proposal.
16 WARRANTIES
16.1 Successful Proposer warrants to City that the consummation of the work provided for
in the Contract documents will not result in the breach of any term or provision of, or
constitute a default under any indenture, mortgage, contract, or agreement to which
Successful Proposer is a party.
16.2 Successful Proposer warrants to City that it is not insolvent, it is not in bankruptcy
proceedings or receivership, nor is it engaged in or threatened with any litigation,
arbitration or other legal or administrative proceedings or investigations of any kind which
would have an adverse effect on its ability to perform its obligations under the Contract.
16.3 Successful Proposer warrants to City that it will comply with all applicable federal,
state and local laws, regulations and orders in carrying out its obligations under the
Contract.
16.4 All warranties made by Successful Proposer together with service warranties and
guarantees shall run to City and the successors and assigns of City.
17 COPYRIGHTS OR PATENT RIGHTS
The Proposer warrants that there has been no violation of copyrights or patent rights in
manufacturing, producing or selling the goods shipped or ordered, if any, as a result of this
Proposal. The seller agrees to hold the City harmless from all liability, loss or expense
occasioned by any such violation.
18 SAFETY STANDARDS
The Proposer warrants that the product(s) supplied to the City shall conform in all respects
to the standards set forth in the Occupational Safety and Health Act of 1970 as amended,
and shall be in compliance with Chapter 442, Florida Statutes as well as any industry
standards, if applicable. Any toxic substance listed in Section 38F-41.03 of the Florida
Administrative Code delivered as a result of this order must be accompanied by a
completed Material Safety Data Sheet (MSDS).
19 INSPECTION
The City shall have the right to inspect any materials, components, equipment, supplies,
services or completed work specified in this RFP. Any of the items not complying with
these specifications are subject to rejection at the option of the City. Any items rejected
shall be removed from the premises of the City or replaced at the entire expense of the
successful Contractor.
20 NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT
During the performance of the Contract, the Contractor and its subcontractors shall not
discriminate against any employee or applicant for employment because of race, color, sex
including pregnancy, religion, age, national origin, marital status, political affiliation,
familial status, sexual orientation, gender identity and expression, or disability if qualified.
The Contractor will take affirmative action to ensure that employees and those of its
subcontractors are treated during employment, without regard to their race, color, sex,
pregnancy, religion, age, national origin, marital status, political affiliation, familial status,
sexual orientation, gender identity or expression, or disability if qualified. Such actions
must include, but not be limited to, the following: employment, promotion; demotion or
transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The
Contractor and its subcontractors shall agree to post in conspicuous places, available to its
employees and applicants for employment, notices to be provided by the contracting
officer setting forth the provisions of this nondiscrimination clause. The Contractor further
agrees that it will ensure that all subcontractors, if any, will be made aware of and will
comply with this nondiscrimination clause.
21 MINORITY / WOMEN’S / LABOR SURPLUS FIRMS PARTICIPATION:
The City of Dania Beach, in accordance with the requirements as stated in C.F.R. 200.321
encourages the active participation of minority businesses, women’s business enterprises
and labor surplus area firms as a part of any subsequent agreement whenever possible. If
subcontracts are to be let, through a prime contractor, that contractor is required to take the
affirmative steps listed in items (1) through (5) below.
21.1 Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
21.2 Assuring that small and minority businesses, and women's business enterprises
are solicited whenever they are potential sources;
21.3 Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and
women's business enterprises;
21.4 Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's business
enterprises; and
21.5 Using the services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development Agency of
the Department of Commerce.
22 TAXES: Successful Proposer shall pay all applicable sales, consumer use and other similar
taxes required by law.
23 PERMITS, FEES AND NOTICES
Successful Proposer shall secure and pay for all permits and fees, licenses and charges
necessary for the proper execution and completion of the work, if applicable. The costs of all
permits, fees, licenses and charges shall be included in the Price Proposal except where
expressly noted in the specifications.
During the performance of the Contract, there may be times when the Contractor will be
required to obtain an Owner permit for such Work, or in connection with the items or services.
It is the responsibility of the Contractor to insure that it has the appropriate Owner permits as
may become necessary during the performance of the Contract. Any fees related to the Owner
required permits in connection with the Contract will be the sole responsibility of the
Contractor. Licenses, permits, and fees that may be required by Broward County, state or
federal entities are not included in the above list.
24 PERFORMANCE
Failure on the part of the Proposer to comply with the conditions, terms, specifications and
requirements of the Proposal shall be just cause for cancellation of the Proposal award. The City
may, by written notice to the Proposer, terminate the contract for failure to perform. The date of
termination shall be stated in the notice. The City shall be the sole judge of nonperformance.
25 TERMINATION OF CONTRACT
If the successful Proposer fails to provide the Services or shall in any other manner commit a
breach of the contract and fails to remedy the same within five (5) calendar days after written
notice from the City, the City may terminate the contract resulting from the RFP without any
further notice to the Proposer. City representatives will review the Services periodically to assure
that the requirements of the contract are being met. If any portion of the Services are
unsatisfactory, the Proposer shall be contacted, and the discrepancies corrected at no additional
cost to the City.
26 TERMINATION OF CONTRACT FOR CONVENIENCE
The contract may be terminated for convenience by City upon fifteen (15) days’ advance written
notice to Proposer (delivered by certified mail, return receipt requested) of intent to terminate
and the date on which such termination becomes effective. In such case, the Proposer shall be
paid for all acceptable Services performed prior to termination and shall not be entitled to any
other costs, fees or payments.
27 TERMINATION OF CONTRACT FOR CAUSE
If, through any cause, the Proposer shall fail to fulfill in a timely and proper manner its
obligations under the contract, or if the Proposer shall violate any of the provisions of the
contract, the City may upon written notice to the Proposer, terminate the right of the Proposer to
proceed under the contract, or as to such part or parts of the contract for which there has been a
default, and may hold the Proposer liable for any damages caused to the City by reason of such
default and termination. In the event of such default and termination, any completed Services
performed by the Proposer under the contract shall, at the option of the City become the City's
property and the Proposer shall be entitled to receive equitable compensation for any Services
completed to the satisfaction of the City. The Proposer, however, shall not be relieved of liability
to the City for damages sustained by the City by reason of any breach of the contract by the
Proposer, and the City may withhold any payments to the Proposer for the purpose of set-off
until such time as the amount of damages due to the City from the Proposer can be determined.
28 SUCCESSORS AND ASSIGNS; ASSIGNMENT; SUBLETTING
The City and Contractor, respectively, will bind themselves, their partners, successors, assigns
and legal representatives to the contract. Neither party to the contract shall assign it or sublet it
or any portion of it, without the advance written consent of the other.
29 EMPLOYEES OF THE PROPOSER
29.1 Proposers shall only designate employees who are sufficiently skilled to provide
the required services specified in the RFP. Any person employed to provide the
Services who fails, refuses or neglects to obey the instructions of the City's
representative in anything relating to the Services, or who appears to be disorderly,
insubordinate, or incompetent shall upon the order of City's representative, be
immediately relieved by the Proposer from performing the Services. Any
interference with, or any abusive or threatening conduct toward any City
representative, City assistants or inspectors by the Proposer, its employees or agents,
or any member of the public shall be grounds for the City to terminate the contract
and re-let the Services. The Proposer shall furnish all labor, materials, supplies and
equipment necessary to properly maintain all Services areas where Services are
conducted in an acceptable and safe condition.
29.2 Proposer agrees that it or its officers, if a corporation or other legal entity, shall be
held fully responsible, except as otherwise prohibited by law, for all acts of their
employees while in their employ.
30 TAXES: The City of Dania Beach is exempt from all federal, state, and local taxes. An
exemption certificate will be provided where applicable upon request.
31 LITIGATION
31.1 In addition to any other provision of this RFP, the City may, in its absolute
discretion, reject a Proposal if the Proposer, or any officer or director of the Proposer
submitting the Proposal, is or has been engaged directly or indirectly in legal action
against the City, its elected or appointed officers, representatives or employees in
relation to any matter.
31.2 In determining whether or not to reject a Proposal under this section, the City will
consider whether the litigation is likely to affect the Proposer’s ability to work with the
City, its consultants and representatives and whether the City’s experience with the
Proposer indicates that there is a risk that the City will incur increased staff and legal
costs in the administration of the contract if it is awarded to the Proposer.
31.3 A contract with the successful Proposer will include the following:
GOVERNING LAW; CONSENT TO JURISDICTION. The law of the State of
Florida shall govern the contract. The contract is not subject to arbitration. THE
PARTIES EXPRESSLY WAIVE ALL RIGHTS TO TRIAL BY JURY FOR
ANY DISPUTES ARISING FROM, OR IN ANY WAY CONNECTED WITH
THE CONTRACT. THE PARTIES UNDERSTAND AND AGREE THAT THIS
WAIVER IS A MATERIAL CONTRACT TERM.
31.4 All claims, counterclaims, disputes and other matters in question
between City and the Consultant arising out of, relating to or pertaining to the contract,
the breach of it, the services of it, or the standard of performance required in it, are to
be addressed by resort to non-binding mediation as authorized under the laws and rules
of Florida; provided, however, that in the event of any dispute between the parties, the
parties agree to first negotiate with each other for a resolution of the matter or matters
in dispute and, upon failure of such negotiations to resolve the dispute, the parties shall
resort to mediation. If mediation is unsuccessful, any such matter may be determined
by litigation in a court of competent jurisdiction in Broward County, Florida, or the
Federal District Court of the Southern District of Florida and appropriate appellate
courts for such venue and jurisdiction.
32 OTHER GOVERNMENTAL ENTITIES
If a Proposer is awarded a contract as a result of this RFP, Proposer will, if Proposer has sufficient
capacity or quantities available, provide to other governmental agencies, so requesting, the
products or services awarded in accordance with the terms and conditions of the RFP and resulting
contract.
33 UNBALANCED PROPOSAL PRICING
When a unit price proposed has variable or estimated quantities, and the Proposal shows evidence of
unbalanced Proposal pricing, such Proposal may be rejected.
34 INFORMATION REQUESTS AFTER DUE DATE
Pursuant to Florida Statutes Section 119.071 sealed Proposals or Proposals received by an agency
pursuant to Invitations to Proposal or requests for Proposals are exempt from the provisions of
subsection (1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides
notice of a decision or intended decision pursuant to Florida Statutes §119.071(1) (b) (2), or within
30 days after Proposal/Proposal opening, whichever is earlier.
35 BUDGETARY CONSTRAINT
In the event the City is required to reduce contract costs due to budgetary constraints, all Services
specified in this document may be subject to a permanent or temporary reduction in budget. In
such an event, the total cost for the affected service shall be reduced as required. The Contractor
shall also be provided with a minimum 30-day notice prior to any such reduction in budget.
36 CONTINGENT FEES PROHIBITED
The Proposer must warrant that it has not employed or retained a company or person, other than a
bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a
contract with the City, and that it has not paid or agreed to pay any person, company, corporation,
individual or firm other than a bona fide employee, contractor or sub-contractor, working in its
employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting
from the award or making of a contract with the City.
37 CONE OF SILENCE
Definitions: “Cone of Silence,” as used in this ITB, means a prohibition on any communication
regarding a particular Request for Proposal (“RFP”), Request for Qualification (“ITB”) or bid,
between:
a potential vendor, service provider, proposer, bidder, lobbyist, or consultant, and:
a City Commission member, City’s professional staff including, but not limited to, the City
Manager and her staff, or any member of the City’s Evaluation Committee.
Restriction; Notice: A Cone of Silence shall be imposed upon this RFP upon the advertisement
of the RFP. At the time of imposition of the Cone of Silence, the City Manager or designee shall
provide for public notice of the Cone of Silence by posting a notice at the City Hall. The City
Manager shall issue a written notice as to the Cone of Silence to the affected departments, file a
copy of such notice with the City Clerk, with a copy to each City Commissioner, and shall include
in any public solicitation for goods or services a statement disclosing the requirements of this
section.
Termination of Cone of Silence: The Cone of Silence shall terminate at the beginning of the City
Commission meeting (whether a regular or special meeting) at which the City Manager makes her
written recommendation of award to the City Commission. However, if the City Commission
refers the City Manager’s recommendation back to the City Manager or staff for further review,
the Cone of Silence shall be re-imposed until such time as the City Manager makes a subsequent
written recommendation.
Exceptions to Applicability: The provisions of this section shall not apply to:
Oral communications at pre-bid conferences;
Oral presentations before the Evaluation Committee;
Public presentations made to the City Commission members during any duly noticed public
meeting;
Communications regarding the RFP between a potential vendor, service provider,
proposer, bidder, lobbyist or consultant and the City’s Procurement and Contract Services
Agent or City employee designated as responsible for administering the procurement
process for the RFP, provided the communication is limited strictly to matters of process
or procedure already contained in the corresponding solicitation document;
Communications with the City Attorney and her staff;
Duly noticed site visits to determine the competency of a Proposer regarding the ITB
during the time period between the opening of Proposals and the time the City Manager
makes a written recommendation;
Any emergency procurement of goods or services pursuant to City Code;
Responses to the City’s request for clarification or additional information;
Contract negotiations during any duly noticed public meeting;
Communications to enable City staff to seek and obtain industry comment or perform
market research, provided all related communications between a potential vendor, service
provider, proposer, bidder, lobbyist, or consultant and any member of the City’s
professional staff including, but not limited to, the City Manager and staff are in writing or
are made at a duly noticed public meeting.
Penalties: Violation of this section by a particular Proposer shall render any ITB award or contract
to the Proposer voidable by the City Commission or City Manager. Any person who violates a
provision of this section may be prohibited from serving on a City selection or evaluation
committee. In addition to any other penalty provided in this ITB, violation of any provision of this
section by a City employee may subject the employee to disciplinary action.
Please contact the City Attorney for any questions concerning “Cone of Silence” compliance.
EXHIBIT “A”
PROPOSER'S QUALIFICATION STATEMENT
The undersigned certifies under oath the truth and correctness of all statements and of all
answers to questions made below:
Check One
Submitted By: Corporation
Name: Partnership
Address: Individual
City, State, Zip Other
(describe)
Telephone No.
Fax No.
Email
State the true, exact, correct and complete name of the partnership, corporation, trade or other
name under which you do business and the address of the place of business.
The full legal name of the Proposer is:
The address of the principal place of business is:
1. If Proposer is a corporation, answer the following:
Date of Incorporation:
State of Incorporation:
President's name:
Vice President's name:
Secretary's name:
Treasurer's name:
Name and address of Resident Agent:
2. If Proposer is an individual or a partnership, answer the following:
Date of organization: ________________
Name, address and ownership percentage units of all partners:
State whether general or limited partnership and confirm it is registered to do business in
Florida:
3. If Proposer is other than an individual, corporation or partnership, describe the organization
and give the names and addresses of principals:
4. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida
Fictitious Name Statute.
5. How many years has your organization been in business under its present business name?
a) Under what other former names has your organization operated?
6. Indicate registration, license numbers or certificate numbers for the businesses or professions,
which are the subject of this RFP. Please attach certificate of competency and state
registration.
7. Have you personally reviewed the requirements for the proposed services?
YES NO
8. Do you have a complete set of documents, including drawings and addenda?
YES NO
9. Did you attend the Pre-Proposal Conference if any such conference was held?
YES NO
10. Have you ever failed to complete any work awarded to you? If so, state when, where and why:
11. State the names, telephone numbers and last known addresses of three (3) owners, individuals
or representatives of owners with the most knowledge of services which you have performed
and to which you refer (government owners are preferred as references).
Name Address Telephone
12. List the pertinent experience of the key individuals of your organization (continue with an
additional sheet, if necessary).
13. State the name and title of the individual who will have responsibility relating to the services:
14. State the name and address of attorney or law firm, if any, for the business of the Proposer:
15. State the names and addresses of all businesses and individuals who own an interest of more
than five percent (5%) of the Proposer's business and indicate the percentage owned of each
such business:
16. State the names, addresses and the type of business of all firms that are partially or wholly
owned by Proposer:
17 State the name of the Surety Company which will be providing the bond, and name and address
of agent:
18. Bank References:
Bank Address Telephone
19. Attach a financial statement including Proposer's latest balance sheet and income statement
showing the following items:
a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes
receivable, accrued income, deposits, materials, real estate, stocks and bonds,
equipment, furniture and fixtures, inventory and prepaid expenses)
b) Net Fixed Assets
c) Other Assets
d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses,
provision for income taxes, advances, accrued salaries, real estate encumbrances
and accrued payroll taxes)
e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par
values, earned surplus, and retained earnings).
20. State the name of the firm preparing the financial statement and its date:
21 Is this financial statement for the identical organization named on page one?
YES NO
22. If not, explain the relationship and financial responsibility of the organization whose financial
statement is provided (e.g., parent-subsidiary).
The Proposer acknowledges and understands that the information contained in response to this
Qualification Statement shall be relied upon by the City in awarding a contract and such
information is warranted by Proposer to be true. The discovery of any omission or misstatement
that materially affects the Proposer's qualifications to perform under the contract shall cause the
City to reject the proposal, and if after the award, to cancel and terminate the award, contract or
both.
Signature
Print Name
Title
Date
STATE OF )
COUNTY OF ________________ )
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared ☐ physical presence or ☐ online notarization, on
_________________ as _________________, of ___________________, an organization authorized
to do business in the State of Florida, and acknowledged and executed the foregoing Statement as the
proper official of _______________________ for the use and purposes mentioned in it and affixed the
official seal of the entity, and that the instrument is the act and deed of that entity. He/she is personally
known to me or has produced __________________________ as identification.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and
County aforesaid on this _____ day of _________________, 2023.
Notary Seal
Signature of Notary Public
Printed Name of Notary Public
EXHIBIT “B”
CITY OF DANIA BEACH, FLORIDA
SWORN STATEMENT UNDER §287.133(3)(A), FLORIDA STATUTES
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 Request for Proposals, City RFP No.: 23-012
2. This sworn statement is submitted by: (PRINT 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 §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 to be "convicted" or "conviction" as defined in §287.133(1)(b), Florida
Statutes, means a finding of guilt and 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 a plea of “No
Contest”).
6. I understand that an "affiliate" as defined in §287.133(1)(a), Florida Statutes means:
(a) A predecessor or successor of a person or a corporation convicted of a public entity
crime; or
(b) An entity under the control of any natural person who is active in the management
of the entity and which 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 §287.133(1)(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with
the legal power to enter into a binding contract and which bids or applies to bid on contracts
for the provision of goods or services 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 that I have marked below is true in relation
to the entity submitting this sworn statement. (Please indicate which statement applies)
1. ______ 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.
2. _____ The entity submitting this sworn statement, or one or more of the officers,
directors, executives, partners, shareholders, employees, members or agents who are
active in management of the entity or an affiliate of the entity has been charged with
and convicted of a public entity crime subsequent to July 1, 1989 and (Please now
indicate which additional statement below applies):
A. _______ There has been a proceeding concerning the conviction before a
hearing officer of the State of Florida, Division of Administrative Hearings. The
final order entered by the hearing officer did not place the person or affiliate on the
convicted vendor list. (Please attach a copy of the final order)
B. _______ The person or affiliate was placed on the convicted list. There has been
a subsequent proceeding before a hearing officer of the State of Florida, Division
of Administrative Hearings. The final order entered by the hearing officer
determined that it was in the public interest to remove the person or affiliate from
the convicted vendor list. (Please attach a copy of the final order)
C. _______ The person or affiliate has not been placed on the convicted vendor list.
(Please describe any action taken by or pending with the Florida Department of
General Services)
Signature (of person whose Printed Name Date
first appears above)
STATE OF
COUNTY OF ___________________
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared ☐ physical presence or ☐ online notarization, on
_________________ as _________________, of ___________________, an organization
authorized to do business in the State of Florida, and acknowledged and executed the foregoing
statement as the proper official of _______________________ for the use and purposes mentioned
in it and affixed the official seal of the entity, and that the instrument is the act and deed of that
entity. He/she is personally known to me or has produced __________________________ as
identification.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in
the State and County aforesaid on this _____ day of _________________, 2023.
Notary Seal ___________________________________
Signature of Notary Public
__________________________________
Printed Name of Notary Public
EXHIBIT “C”
NON-COLLUSION AFFIDAVIT
The undersigned Proposer has not divulged, discussed or compared his/her/its Response with any
other Proposer, and has not colluded with any other Proposer or party to this Request for Proposals
whatsoever.
Signature of Proposer
PRINT Name of Proposer
Title
, 2023
Date
STATE OF
COUNTY OF ___________________
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared ☐ physical presence or ☐ online notarization, on
_________________ as _________________, of ___________________, an organization
authorized to do business in the State of Florida, and acknowledged and executed the foregoing
statement as the proper official of _______________________ for the use and purposes mentioned
in it and affixed the official seal of the entity, and that the instrument is the act and deed of that
entity. He/she is personally known to me or has produced __________________________ as
identification.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in
the State and County aforesaid on this _____ day of _________________, 2023.
Notary Seal ___________________________________
Signature of Notary Public
__________________________________
Printed Name of Notary Public
EXHIBIT “D”
DRUG-FREE WORKPLACE CERTIFICATION FORM
Whenever two (2) or more bids/proposals, which are equal with respect to price, quality, and service, are
received by the CITY OF DANIA BEACH for the procurement of commodities or contractual services,
a bid/proposal received from a business that certifies that it has implemented a drug-free workplace
program shall be given preference in the award process. In order to have a drug-free workplace program,
a business shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of controlled substances is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodities or contractual services that are under
bid a copy of the statement specified in number (1).
4. In the statement specified in number (1), notify the employees that as a condition for working
on the commodities or contractual services that are under bid, the employee will abide by the
terms of the statement and will notify the employer of any conviction on or plea of guilty or no
contest to any violation of Chapter 893, Florida Statutes or of any controlled substance law of
the United States or any singular state, for a violation occurring in the workplace no later than
five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee’s community by any employee who
is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation
of Section 287.087, Florida Statutes.
This Certification is submitted by the
(PRINT Name of Authorized Agent)
of
(Title) (Proposer Name)
who does certify that said Company has implemented a drug-free workplace program, which meets the
requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (6) above.
Date Signature
EXHIBIT “E”
ACKNOWLEDGMENT OF ADDENDA
The Proposer acknowledges the receipt of the following addenda issued by the City and
incorporated into and made part of the RFP. In the event the Proposer fails to include any such
addenda in the table below, submission of this form shall constitute acknowledgment of receipt of
all addenda, whether or not received by the Proposer.
ADDENDUM
NUMBER
DATE
RECEIVED
PRINT NAME
TITLE
SIGNATURE
(BLUE INK ONLY)
EXHIBIT “F”
REFERENCE LIST
FIVE (5) MUNICIPALITIES FOR WHICH PROPOSER PERFORMED SIMILAR
SERVICES WITHIN THE PAST THREE (3) YEARS
The following is a list of at least five (5) references from municipalities for which Proposer
provided similar services to those sought in this RFP in the past three (3) years:
1. Name of Entity for which services were performed:
Brief Description of Scope of Services: ________________________________________
Amount of Contract Award:
Status of Contract:
Contact Name:
Telephone Number:
2. Name of Entity for which services were performed:
Brief Description of Scope of Services: ________________________________________
Amount of Contract Award:
Status of Contract:
Contact Name:
Telephone Number:
3. Name of Entity for which services were performed:
Brief Description of Scope of Services: ________________________________________
Amount of Contract Award:
Status of Contract:
Contact Name:
Telephone Number:
4. Name of Entity for which services were performed:
Brief Description of Scope of Services: ________________________________________
Amount of Contract Award:
Status of Contract:
Contact Name:
Telephone Number:
5. Name of Entity for which services were performed:
Brief Description of Scope of Services: ________________________________________
Amount of Contract Award:
Status of Contract:
Contact Name:
Telephone Number:
EXHIBIT “G”
CERTIFICATION TO ACCURACY OF PROPOSAL
The Proposer, by executing this form, certifies and attests that all forms, affidavits and documents
related to the document that it has enclosed in the Proposal in support of its Proposal are true and
accurate. Failure by the Proposer to attest to the truth and accuracy of such forms, affidavits and
documents shall result in the Proposal being deemed non-responsive and such Proposal will not
be considered.
By submitting a response to do the work, the Proposer certifies that a careful review of the RFP
has taken place and that the Proposer is fully informed and understands the requirements of the
RFP 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 Proposer that has submitted the attached
Proposal;
B. He/She is fully informed respecting the preparation and contents of the attached
Proposal and of all forms, affidavits and documents submitted in support of such
Proposal;
C. All forms, affidavits and documents submitted in support of this Proposal and included
in this Proposal are true and accurate;
D. No information that should have been included in such forms, affidavits and documents
has been omitted; and
E. No information that is included in such forms, affidavits or documents is false or
misleading.
EXHIBIT “G”
CERTIFICATION TO ACCURACY OF PROPOSAL
(continued)
_____________________________________________
Signature (Blue ink only)
_____________________________________________
Print Name
_____________________________________________
Title
_____________________________________________
Date
STATE OF )
COUNTY OF ________________ )
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared ☐ physical presence or ☐ online notarization, on
_________________ as _________________, of ___________________, an organization authorized
to do business in the State of Florida, and acknowledged and executed the foregoing Statement as the
proper official of _______________________ for the use and purposes mentioned in it and affixed the
official seal of the entity, and that the instrument is the act and deed of that entity. He/she is personally
known to me or has produced __________________________ as identification.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and
County aforesaid on this _____ day of _________________, 2023.
Notary Seal
Signature of Notary Public
Printed Name of Notary Public
29
EXHIBIT C – CONTRACTOR’S RESPONSE TO RFP
Dania Beach Marina Management,
RFP 23-012
Prepared For:
City of Dania Beach, Florida
Procurement Department
100 W. Dania Beach Boulevard
Dania Beach, FL 33004
Attn: Sasha Ramos, Procurement Administrator
Prepared By:
Oasis Marina, LLC
(DBA: Oasis Marinas)
Date:
August 2, 2023
Marina Management Proposal
Dania Beach Marina RFP 23-012 2
Table of Contents
RFP for Dania Beach Marina Management
1. Executive Summary ............................................................................................................. 3
2. Relevant Experience ............................................................................................................ 7
3. Approach .......................................................................................................................... 15
4. References ........................................................................................................................ 25
5. Pricing ............................................................................................................................... 27
6. Proposal Bond ................................................................................................................... 30
7. Exhibits A-G Forms ...................................................................................................... 32-50
Exhibit A ............................................................................................................................. 33
Certificate of Good Standing ....................................................................................... 38
Corporate Biographies ................................................................................................. 39
Exhibit B ............................................................................................................................. 42
Exhibit C ............................................................................................................................. 45
Exhibit D ............................................................................................................................ 46
Exhibit E ............................................................................................................................. 47
Exhibit F ............................................................................................................................. 48
Exhibit G ............................................................................................................................ 49
8. Agreement Review ............................................................................................................ 51
Marina Management Proposal
Dania Beach Marina RFP 23-012 3
1. Executive Summary
Marina Management Proposal
Dania Beach Marina RFP 23-012 4
August 2, 2023
City of Dania Beach, Florida
Procurement Department
100 W. Dania Beach Boulevard
Dania Beach, FL 33004
Attn: Sasha Ramos, Procurement Administrator
RE: Dania Beach Marina, Management Proposal
Dear Procurement Department,
We are pleased to present our marina management proposal for Dania Beach Marina. Our
mission is to create and deliver remarkable experiences for our boating community. With service
as our mission, we ultimately seek to provide the most detail-oriented operations possible to
maximize return for marina owners.
Company Background
The Oasis Marinas mission is to create and deliver remarkable experiences for our boating
community. Built from a team with over a century of experience in marina and hospitality
management, Oasis focuses on service and quality first and foremost. Our comprehensive
operations, service and management policies set us apart and allow our team to overdeliver on
our customers’ expectations.
In 2015 we began operations at our first marina in Baltimore, Maryland. Today, Oasis Marinas
offers world-class marina management and operations for over 50 marina locations nationwide.
Headquartered in Annapolis, the company’s 50+ management properties span from the Midwest
to the East Coast ranging in size from 20-600 slips.
Corporate Office
222 Severn Ave Bldg 14-200, Annapolis, MD 21403
Corporate Support
Every marina we manage benefits from the Oasis Engine —an integrated system of solutions,
services, and the industry's top talent, working in unison to deliver an unparalleled competitive
advantage to your marina. Our team is made up of top talent in every key discipline specialized
in harnessing the proprietary power of the Oasis Engine direct ly for your property.
The Oasis Marinas leadership team has expert marina industry knowledge to maximize your
marina’s potential. Our management solution includes strong teams of facilities management,
hospitality, finance, marketing, technology, growth, and human resources.
Marina Management Proposal
Dania Beach Marina RFP 23-012 5
Corporate Structure and Staff
Proposal Summary
Dania Beach Marina has direct access to the ICW in beautiful southern Florida. This marina’s prime
location and nearby amenities in the community make this marina a prime location for transient
boating. At Oasis we are huge advocates of a strong bond between the community and the marina,
and we have first-hand experience helping our marinas become beacons in the community and thrive
in the market.
Experience
Oasis Marinas manages over 50 marinas nationwide with management properties all around the coast
of Florida. With thousands of boaters in our network, Oasis Marinas is the most equipped to maximize
revenue growth and enhance customer loyalty for Dania Beach Marina.
Approach
The Oasis approach focuses on first-class service, targeted marketing, and optimization. We strive for
first-class, remarkable service through market leading amenities and through our unique leadership
and employee training. Our unique marketing approach will focus on Dania Beach Marina’s boater
market potential. This marina shows tremendous opportunity for more transient boaters, and Oasis
uses the best partners in the industry to maximize transient boater outreach. Our optimization
approach starts with slip mix and revenue and filters down to operations, staffing and marina
maintenance for net operating income maximization. In addition to service, marketing, and
optimization we strive to ensure the marina is the gateway to the community and in partnership with
the City to serve the residents and visitors of Dania Beach.
CEO
Kenneth
Svendsen
FINANCE
Sever Hida
(CFO)
MARKETING
Alana Tompkins
(CMO)
Marina
Development
OPERATIONS
Matthew Shipman
(President)
Accounting Team Marketing Team Business
Development Team
Regional VP
Operations
HR
Evelyn Costa
(CHRO)
Regional
Manager(s)
General
Manager
People Team
GROWTH
Paul Sanett
(CGO)
TECHNOLOGY
Steven Funderburk
(CTO)
Technology Team
Safety Customer
Success
Site
Operations
Team
Boat Club
Food &
Beverage
Marina Management Proposal
Dania Beach Marina RFP 23-012 6
References
Oasis Marinas has included five municipal references as our primary references: City of Fernandina
Beach (FL), City of Cleveland (OH), City of Cambridge (MD), Port Authority of Lorain (OH), and City
of Troy (NY). Additionally, we have included references from two long-standing marina management
properties who can provide a detailed testimony and knowledge of our service: Harbor East Marina in
Baltimore, MD and National Harbor Marina in National Harbor, MD. Both these marinas are beacons
in their community, and Oasis Marinas has drastically improved service, operations, and marketing.
Price
Oasis Marinas has provided a competitive management proposal price and proposed operating pro
forma in Section 5, pages 27-29. Under our incentive-based approach, our team is motivated to
generate growth and long-lasting change for Dania Beach Marina.
Financial Capability
Oasis is backed by a Private Equity company, Access Holdings, with more than $2.5 Billion of assets
under management and a history of substantial accretive investment in developing and underserved
US markets and with strong focus on ESG. The Oasis Marina management vehicle alone has tens of
millions in committed and uncalled equity capital destined for investment in future growth.
Testimonial
We invite you to join the other owners in our network who have found Oasis Marinas to be the best
choice for a total management solution, and we look forward to the opportunity to serve Dania Beach
Marina. Following the initial review of our proposal we would love to answer any other questions and
further show how we have helped other marinas increase profitability and achieve their goals.
Sincerely,
Brian Arnold
Vice President of Business Development
Oasis Marinas’ team of professionals has the expertise and experience in marina management
and hospitality to deliver world-class business and facility management services. The executive
team, as well as the front-line level associates, work closely together to promote a culture of
delivering a premier boating experience and exceptional products and services.
Lorain Port and Finance Authority, Tom Brown, Executive Director
Marina Management Proposal
Dania Beach Marina RFP 23-012 7
2. Relevant Experience
Marina Management Proposal
Dania Beach Marina RFP 23-012 8
About Oasis Marinas
Oasis Marinas offers full-service, world-class marina management. Though the vision was born
long ago, in 2015 we began operations at our first marina in Baltimore. Headquartered in
Annapolis, the company has grown to over 50 locations from the Midwest to the East Coast
ranging in size from 20-600 slips.
Portfolio Overview
The Oasis Marinas US portfolio includes 50+ marina management properties, which are operated
as third-party management contracts. Many of our marina management properties are
multifaceted to include management of and collaboration with development projects, hotels, office
leases, events, restaurant/retail components, site maintenance, vendor management and
amenity services. We work with cities, parks departments, governmental agencies, boards,
mixed-use development partners and other public entitles for project coordination, event
management, program development, certifications, permits and public grants. Our marina
operations vary to include resort amenities, recreational activities, special events, maintenance,
brokerage, marina stores, fuel docks, transient boating, dry storage, restaurants, condominiums,
campgrounds, parks, offices, cottage rentals and more.
Municipal Properties
1. Fernandina Harbor Marina, Fernandina, FL, 4,000 LF of Dockage
2. North Coast Harbor Cleveland, OH 53 Slips
3. Cambridge Municipal Yacht Basin Cambridge, MD 246 Slips
4. Port Lorain Lorain, OH 510 Slips
5. Downtown Troy Marina Troy, NY 400 FT of Dockage
Marina Management Proposal
Dania Beach Marina RFP 23-012 9
Overview of Florida Properties
www.oasismarinas.com/our-locations
Venetian Marina
Miami
Four Fish Marina
Jensen Beach
Clearwater Beach Marina
Clearwater Beach
Fernandina Harbor Marina
Fernandina Beach
Fort George Island Marina
Jacksonville
Westshore Yacht Club
Tampa
The Perry Marina
Key West
St. Augustine Marine
St. Augustine
Marina Management Proposal
Dania Beach Marina RFP 23-012 10
Fernandina
Harbor Marina
Property Features
Fernandina Beach, FL
4,000 LF Alongside Floating Dockage
Mooring Field
Deep Water Marina, 25 Feet
Boaters’ Lounge
High Speed WIFI
Restaurant On-site
Showers, Restroom, Laundry
Ship Store
Fuel Dock
Ice & Pump Out
Online Booking with Snag-A-Slip
Impact
Higher Customer Ratings & Loyalty
Cleaner & Safer Marina
New Website
Updated Lounge & Office Area
New WIFI Access & Fiber Internet
Updated Fuel Dock
What can Oasis do for you?
Marina Overview
Fernandina Harbor Marina is located right on the ICW near the Georgia/Florida border, in the
beautiful city of Fernandina Beach, Florida. This charming city is part of the Amelia Island,
which stretches 13 miles long. Fernandina Beach is full of rich history, fabulous dining, resorts,
picturesque beaches and luxury golf courses. The marina has 4,000 linear feet of side-tie
dockage, 10 mooring balls and a 25-foot depth, which allows it to accommodate almost any
size vessel.
Challenge
In 2020, Fernandina Beach residents and the surrounding community were eager and ready
to bring life back to the marina after its extended closure from hurricane damage in 2016.
Oasis Marinas was hired as the marina management company to help bring the marina back
to its full potential and improve service and marketing. The customers’ top improvement
requests included to reopen the fuel dock, strengthen the marina Wi-Fi system and reopen
the retail store. Aside from these important service issues, the priority was to improve
marketing, improve maintenance, enhance safety and redesign the website. Oasis set these
goals: spotless maintenance of the marina facility, high-touch customer service, high-class
customer lounge space, aggressive marketing outreach, detailed financial management and
product consistency.
Solution
• Provide premium dockside service
• Redesign the marina managers office and update the boaters’ lounge
• Create new marketing programs that focus on events and town amenities
• Redesign the marina website - www.fernandinaharbormarina.com
• Create a custom Marinalife publication featuring Fernandina Beach, to connect arriving
boaters to the city shopping, dining and events
• Reopen the retail store
• Reconfigure and improve the marina WIFI internet access for customers
• Repair the fuel dock to full working order
• Improve marina facility maintenance and cleanliness
• Introduce detailed financial management procedures
Impact
Since the December 2020, Oasis Marinas’ operational solutions positively impacted customer
service reviews, overall safety and cleanliness of the marina, internet access, the store and
the fuel dock service. In the first month of operation, we received forty-one (41) customer
service reviews, and the average score for all reviews was 4.58 stars (based on a 5-star scale).
The new user-friendly website increased the marina’s digital footprint and boater reach. WIFI
access points have been added throughout the marina, and fiber internet has been added to
the boaters’ lounge. The fuel dock has been repaired and back in working order.
What Our Customers are Saying
Customer Review, Anonymous, April 2023 - “5 Star everything!!! From the docking assistance to
the welcome bags and more!! Was only able to get a slip for 2 days. But once high winds were
forecasted they made special arrangements for us to be able to stay an additional night! Thank you
again for that!! The marina is in the heart of town! Truly a wonderful stay!!.”
Customer Review, Anonymous, 2022 - “The weekend with the staff at Fernandina Harbor Marina
was AWESOME! The facilities were perfect and the staff was super friendly and highly professional!
We highly recommend visiting Fernandina Harbor Marina.”
Oasis’ Impact on
Marina Management Proposal
Dania Beach Marina RFP 23-012 11
Cambridge
Municipal
Yacht Basin
Property Features
Cambridge, MD
246 Slips
Alongside Floating Dockage
Accommodates Vessels up to 200 ft.
Fuel Dock (Gas & Diesel)
Boaters’ Lounge
Showers, Restroom, Laundry
Ice & Pump Out
Online Booking with Snag-A-Slip
Impact
Higher Customer Ratings & Loyalty
Transient Intent to Return Rating 93%
Fuel Revenue Sales up 45%
Significant NOI Growth
What can Oasis do for you?
Marina Overview
Cambridge Municipal Yacht Basin is located at the mouth of Cambridge Creek, on Maryland’s
beautiful Choptank River. The marina has 246 slips, with additional alongside floating dockage
that can accommodate boats up to 200 feet. Boaters drawn to Cambridge, MD are looking
for a charming, urban getaway with a historic vibe. The city typically hosts several major
events each year, and this marina is the only marina with direct access to the city that can
accommodate Superyachts.
Challenge
Cambridge Municipal Yacht Basin is the doorway to the heart of downtown Cambridge,
Maryland. Prior to Oasis, the asset was underperforming and underutilized. Oasis Marinas
was hired as the marina management company to help bring the marina to its full potential.
The primary challenge presented was to improve the financial performance. The secondary
challenge was to implement product consistency and enhance the service standards. Oasis
Marinas believed in the vision for the marina and set these goals: detailed financial
management, high-touch customer service, high-class customer lounge space, aggressive
marketing outreach, spotless maintenance of the marina facility and product consistency.
Solution
• Provide premium dockside service
• Redevelop the marina office and add a boaters’ lounge
• Provide a consistent service product
• Create new marketing programs that focus on events and town amenities
• Introduce detailed financial management procedures
• Install a retail store
• Create a long-term master plan to maintain the marina
• Create a custom marketing publication featuring Cambridge, to connect arriving boaters
to the city shopping, dining and events
Impact
Since the summer of 2018, Oasis Marinas’ operational solutions positively impacted customer
service reviews, NOI goals, fuel revenue, product consistency and facility maintenance. Oasis
instituted a new boater review procedure, and transient boater intent to return ratings
averaged at a 93% rating. Fuel sales improved by 45 percent, and our team has been able to
significantly improve Net Operating Income with aggressive marketing and detailed financial
management procedures.
What Our Customers are Saying
Customer Review – September 2020 “Never before did we have a marina hail us on the
radio just to thank us for staying with them! What an unexpected delight!”
Customer Review – November 2020 “We were welcomed at the dock with a care package
and called on the radio with a “bon voyage” as we left. Everything was clean and tidy, and it
was an easy walk downtown to several nice restaurants.”
Oasis’ Impact on
Marina Management Proposal
Dania Beach Marina RFP 23-012 12
Port Lorain
Summary
Lorain, OH
525 Slips
Marina Office & Boaters’ Lounge
Fuel Dock
Protected Harbor
Impact
High Customer Ratings & Loyalty
Well-Maintained Docks & Grounds
Working Amenity Services
High-Class Customer Spaces
Security Enhancement
Technology Improvement
What can Oasis do for you?
Marina Overview
Oasis Marinas at Port Lorain has 525 slips, a fuel dock and a marina office with a boaters’
lounge. The marina is conveniently located in a protected harbor on Lake Erie with easy access
to the city of Cleveland, Canada and the Lake Erie Islands.
Challenge
The marina at Port Lorain needed improved customer service, working amenities, detailed
grounds/docks maintenance and improved security. The challenge presented was to
transform the marina into a high-class marina asset to compliment the city of Lorain and be
a welcoming beacon. Oasis Marinas believed in the vision for the marina and set these goals:
high-touch customer service, improved financial return, clean and working amenity services,
streamlined operations, enhanced technology and high-class customer spaces.
Solution
• Relocate and redesign the marina and boaters’ lounge
• Provide premium dockside service
• Rebrand the marina
• Create new marketing programs
• Introduce technology with real-time availability
• Track maintenance projects with new software
• Update gate controls to docks
• Update controls to the boat launch
• Create a master plan to maintain the marina
Impact
Since our transition in January of 2020, Oasis Marinas is proactively providing solutions across
the entire operation to transform this marina into a high-class service gateway to the harbor
and city. All of these solutions we are providing lead to better service, technology, revenue
enhancement, customer loyalty, security and a better maintained marina.
What Our Customers are Saying
Customer Review, Anonymous, July 2020 - “This is the first year that Oasis has owned this
marina. We visited this same marina about 5 years ago found it to be dirty and in severe
disrepair. Oasis is certainly working to turn things around. The docks are clean. The
management now truly cares.”
Customer Review, Anonymous, July 2023 “I love the Oasis Lorain marina! It's easy to get
into. Love the restaurant & also love Papasitos. We're from Cleveland and always stop in
Lorain either on our way out or back from a trip.”
Customer Review, Anonymous, July 2023 “The marina is well kept and the staff was very
busy on a holiday weekend but they did a great job!! I will use them again for overnight
docking for sure.”
Customer Review, Anonymous, July 2022 “Another well run property of Oasis Marinas . . .
Extremely large property conveniently located to the channel coming into Lorain Harbor . . .
Met by 2 Dock Hand's and got tied up, powered up (used 30amp splitter to get 50amp at
this particular slip location), provided a bag of swag and local information (nice touch).”
Oasis’ Impact on
Marina Management Proposal
Dania Beach Marina RFP 23-012 13
Harbor East
Marina
Property Features
Baltimore, MD
184 Slips
800 Feet Alongside Dockage
Boaters’ Lounge
Outdoor Tented Party Pad
Event Venue
30-, 50- & 100-AMP (Single & Three Phase) Shore
Power
Laundry/Bath Facilities
12 Blocks of Restaurants, Retail & Grocery Shops,
Hotels, Commercial & Residential Properties
Impact
Rebranded Marina
New Marketing Program
New Website (Visit us Online)
Captured Superyacht Market
Online Reservation System
Annual Boater Waitlist 3 Years Running
Continual High Revenue Growth
Improved Customer Ratings
Increased Customer Loyalty
Impacted NOI Year 1
100% Occupancy
Created a Best-in-Class Marina
What can Oasis do for you?
Oasis’ Impact on
Marina Overview
Harbor East Marina is a high-use downtown marina, in the heart of Baltimore with 184 slips and up
to 800 feet of alongside dockage. The Harbor East neighborhood of Baltimore boasts 12 square blocks
of fine dining restaurants, boutique and luxury hotels, bars, clubs and fantastic retailers, including
Under Armour, Whole Foods, and Anthropologie. In addition to having the best of the city just a step
away, boaters also have access to amenities directly on-site, including a laundry/shower facility, a
lounge, party area and WiFi.
Challenge
Harbor East Marina was privately operated for over 20 years and was in need of revitalization. The
mixed-used development of Harbor East grew into an upscale neighborhood and surpassed the
marina to the point that the marina no longer matched the service levels that surrounded the harbor.
The primary challenge presented was to transform the marina into a high-class marina asset that
matched the premium service levels of the upland development. The secondary challenge was to
manage the redevelopment of the marina. Oasis Marinas believed in the vision for the marina and
set these goals: deliver high-touch customer service, improve the economic impact to the city through
events and shows, increase revenue, attract superyachts and increase awareness and demand.
Solution
• Redesign the marina office and boaters' lounge
• Rebrand the marina
• Create new marketing programs
• Provide premium service through dockside support, online reservations and the new marina
office
• Test market elasticity with rate increases
• Add new events and a boat show
• Add new revenue streams
• Manage a $9M renovation to include new floating docks, upgraded electrical systems, IPE
decking and dredging of the northeast corner of the marina
• Reconfigured marina design to accommodate Superyachts
• Coordinate with City of Baltimore, DNR, Maryland Department of Environment and the U.S.
Department of Fish and Wildlife Service
• Certify the marina as a Maryland Clean Marina
Impact
Oasis’ operational solutions positively impacted customer service, transient business, overall financial
growth as well as the waterfront traffic to Baltimore. In Year 1, Oasis Marinas provided an immediate
and substantial financial impact. Today Harbor East Marina is flourishing, and our team has achieved
a compounded annual growth rate that has far exceeded anyone’s expectation. Oasis provides
Baltimore boaters with premium service, online transient reservations, major events and live
entertainment; all of which have had a positive impact on the city’s waterfront and local economy. In
addition to new transient traffic, annual boaters love Harbor East, and occupancy is at 100 percent
with a consistent waitlist each season. Since the redevelopment we repeatedly see more superyachts
each year. Within 3 seasons, the site went from no superyachts to now accommodating over 20
superyachts per season.
What Our Clients are Saying
Tim O'Donald, President of Harbor East Management Group - “At the beginning of 2016, we had a
tall order – build a best-in-class marina in Baltimore. The Oasis Marinas team is not only helping us
accomplish this goal, but they are also providing the customer service to match. Today, we are proud
to announce that the new Harbor East Marina is not only the premier marina destination in Baltimore,
but also one of the few truly elite properties on the east coast."
Marina Management Proposal
Dania Beach Marina RFP 23-012 14
National
Harbor Marina
Property Features
National Harbor, MD
81 Floating Slips
150 Ft. of Alongside Floating Dockage
1800 Ft. Alongside Fixed Dockage
125 Ft. Fuel Dock
30-, 50- & 100-Amp Electric Service
Complimentary Garage Parking for Slipholders
Showers, Restroom, Laundry
Pump Out
15 Blocks of Dining, Shopping, Events, Lodging
& Entertainment
Impact
High Customer Ratings & Loyalty
Working Amenity Services
High-Class Customer Spaces
Safety Compliance
Well-Maintained Docks & Grounds
Great Vendor Relationships
18% Revenue Improvement in Year 1
What can Oasis do for you?
Oasis’ Impact on
Marina Overview
National Harbor Marina is a first-class facility with state-of-the-art floating docks, full length
finger piers, alongside floating dockage up to 150 feet and alongside fixed dockage up to 1800
feet. The marina is perfectly positioned in the Upper Potomac River, on the Maryland
coastline and is surrounded by an abundance of shopping, dining and activities within
National Harbor’s 350 acres of waterfront resort space.
Challenge
Over the years, National Harbor Marina experienced several changes in management from
different marina operators in search for an operator who could deliver excellent customer
service. The primary challenge presented was to transform the marina into a high-class
marina asset that matched the premium service levels of the upland development. The
secondary challenge was to recommission the fuel dock, which had been in and out of service
for close to a year and a half. Oasis Marinas believed in the vision for the marina and set these
goals: high-touch customer service, clean and working amenity services and high-class
customer spaces.
Solution
• Provide premium dockside service
• Rebrand the marina
• Redevelop the marina office and boaters’ lounge
• Create new marketing programs
• Recommission fuel system to working order within 90 days
• Add new revenue streams
• Contract with revenue-generating waterfront recreation partners
• Create a long-term master plan to maintain the marina
• Become a steward of the waterway through regular shoreline cleanups by partnering
with local government organizations
• Work closely with the Coast Guard for safety training
Impact
Since the fall of 2018, Oasis Marinas’ operational solutions positively impacted customer
service reviews, revenue goals, vendor relationships, safety compliance and the marina
facilities. Customer review ratings went up from 2.0 to 4.92 out of 5 stars. Recommissioning
the fuel system revived an amenity, significantly increased revenue and profit and repaired
vendor relationships. Operations are now compliant with safety regulations, and the
shoreline is cleaner. Additionally, our relationship with the Coast Guard allowed our team to
secure 5,000 face masks for National Harbor’s employees.
What Our Clients are Saying
Christopher J. Borgal, AVP Asset Management & Operations, National Harbor - “We have
seen Oasis’ emphasis on customer service firsthand. They have raised our cumulative
customer review score from 2.0 to 4.92 out of 5. The Oasis team is hitting home runs here!”
Marina Management Proposal
Dania Beach Marina RFP 23-012 15
3. Approach
Marina Management Proposal
Dania Beach Marina RFP 23-012 16
Approach for Dania Beach Marina
Text
4 Marina Management Proposal
Dania Beach Marina
Approach for Dania Beach Marina
Dania Beach Marina is situated in a prime location on the ICW in beautiful southern Florida. Oasis
Marinas understands the City’s goal to improve and maintain the marina infrastructure and operations to
provide a clean and safe environment for its customers. Our team is deeply familiar with this marina and
its tremendous potential.
Goals and Vision
The Oasis vision for Dania Beach Marina is to transform this marina into a shining beacon in this
community. With Oasis Marinas, Dania Beach Marina can be a first-class marina with clean facilities and
market-leading services. Our marina management team will focus on improving and maximizing the
marina’s space, revenue potential, service, financial control, and property maintenance. To do this Oasis
Marinas will provide management services for Dania Beach Marina that include but are not limited to
marina operations, maintenance, marketing and security while maximizing net revenue to the City.
Transition Approach/Project Workload
As the country’s leading third-party management company, Oasis has a robust, proprietary process for
onboarding new marinas. Our preference is to start with a face-to-face meeting to introduce ourselves
and build a strong foundation for our future relationship. Once an agreement has reached and a contract
signed, a dedicated Project Manager is appointed who will oversee the integration process (typically 30-
60 days depending on the complexity of the marina), ensuring a smooth transition from the current
operator and the effective engagement of Oasis’ engine.
Operations Approach
From the moment the Oasis team begins managing a new marina, our team focuses on these key areas:
service, marketing, maintenance, financial control, leadership training and technology enhancements.
Remarkable Service
Oasis Marinas will always place customer satisfaction at the top of the list. Our team will offer remarkable
amenities and dockside service with attention to detail.
Powerful Marketing
Oasis Marinas provides marina guests an interactive experience to strengthen loyalty and draw in more
boaters. Our marketing team will use online and local direct marketing channels, backed by our major
industry partners, to increase the exposure of the marina.
Detailed Maintenance
Oasis Marinas is all about planning and organization. Our team will implement our Property Improvement
Plan to create a more efficient, safe, and profitable operation. This is done both to ensure everything is
in working order for the customer as well as to eliminate any safety risks.
Financial Control
Oasis Marinas uses metrics-driven strategies to forecast, track, and grow marina profit. We not only
streamline expenses, but we also grow and expand the marina’s revenue to its full potential.
Leadership Training
Oasis Marinas is passionate about our standards for hiring and training. Only the best people are hired
and trained with the goal of providing each marina exceptional service.
Technology Integration
Oasis Marinas will manage all accounting and payments for the marina using our mar ina management
system. We will also improve technology with our online reservation software, backed by leading industry
partners.
16
Marina Management Proposal
Dania Beach Marina RFP 23-012
Marina Management Proposal
Dania Beach Marina RFP 23-012 17
17 Marina Management Proposal
Dania Beach Marina RFP 23-012
Remarkable Service
At Oasis Marinas, we set the standard for the marina industry of consistent brand experiences, quality
operations, customer service and facility conditions. Oasis Marinas revolutionizes the marina
experience by offering efficient and clean operations without sacrificing the higher levels of service
customers crave.
First impressions are critical. We inspire loyalty and return visitation with consistent excellent
customer service. For this reason, Oasis Marinas is heavily focused on the customer experience from
the moment guests reserve a boat slip or walk through the door until they leave the property.
To enrich the guest experience further, we measure customer experiences at our marinas and use
that for process and service improvements. At the conclusion of their stay each boater receives a
digital survey. Our team gathers the survey feedback and uses the results to focus on improvement
areas. Oasis properties consistently score higher than our competition, and this feedback loop is how
we ensure continual improvement.
Customer
Service Training
Courses
“Bow to Bye”
Service
Five-Diamond
Service
Standards
Dynamic,
Flexible, &
Proactive
Hospitality
Marina Management Proposal
Dania Beach Marina RFP 23-012 18
Powerful Marketing
Driving Business to your Marina
Today’s breed of marketer leads by leveraging data. The Oasis performance marketing team are Google
Analytics certified, which guarantees our ability to infuse insightful customer analytics into our day-to-day
marketing strategy. We bring this data-driven approach to your marina to understand where and what guests
want starting from their initial destination search, through to slip reservation, arrival, stay, and future return.
Oasis Marinas offers the most impactful marketing and media outreach in the marine industry that is
imperative to fuel the future growth and success of Dania Beach Marina. Our marketing performance team
brings major industry partnerships and experience where we can guarantee elevated exposure for your
marina.
We focus on the complete customer journey, not just a singular point, which makes Oasis a remarkable fit
in managing Dania Beach Marina. Before developing a comprehensive marketing strategy, our team
analyzes the market’s current activities, local market conditions, customer feedback, website optimization
and what we call the BJM - Boaters Journey Map, which prescribes individual touchpoints along the boaters’
path from planning their destination, reserving a slip, time during stay, through to departure and return.
Retaining Business
Although we build awareness around events on-site to bring in local business and net new guests from
outer markets, we highly consider the attention of the returned visit. Our consumption of guest information
allows us to build targeted and timely marketing content which will inspire guests to return. By identifying
who our loyal customers are, we can invite them to an internal social influencer program to aid in spreading
the word across their network of boaters. Data strengthens our marketing strategy, drives efficiencies, and
delivers value to both the bottom line and our guests.
18
Marina Management Proposal
Dania Beach Marina RFP 23-012 19
19 Marina Management Proposal
Dania Beach Marina RFP 23-012
Detailed Maintenance
With Oasis Marinas, you can expect comprehensive
lifecycle management that focuses on the marina
infrastructure, grounds maintenance, vendor
management, sustainability programs, and
emergency preparedness.
Property Improvement Plan
A Property Improvement Plan ensures the proper
management of spending and investments. With a
professional and metrics-driven approach, we can
help you plan, construct, operate and maintain your
facilities to ensure maximum life at the least amount
of cost. Oasis Marinas, along with its industry
partners, will ensure your facility and operations are
green, efficient and in compliance with all regulations.
Dania Beach Marina needs a proven team that can
budget and execute the vision for the marina. The
Oasis Marinas Property Improvement Plan will help
articulate the vision and align with current and future
investments.
Vendor Management
We understand that organizing vendors and contracts
can be stressful and time consuming. Successfully
managing great vendors is critical to a property’s
success. Oasis Marinas will leverage our portfolio of
marinas to manage all vendor services, provide
project management and contract negotiation to act
as the liaison between site vendors and ownership.
As part of our holistic management approach, Oasis
Marinas will negotiate, support and manage all
executed and effective contracts that you have with
your various vendors and partners. By letting Oasis
manage your vendors and contracts, you can save
yourself time and money, while ensuring a seamless
experience.
Vendor Services Include:
• Cost benefit analysis & materials sourcing
• Project management
• New product offerings
• Partnership development
• Negotiation
• Contract review & management
• Service level agreements
Lifecycle
Property
Management
Marina
Maintenance
Property
Activation
Vendor
Management
Sustainability
Programs
Emergency
Preparedness
Marina Management Proposal
Dania Beach Marina RFP 23-012 20
Financial Control
At Oasis Marinas, one of our top priorities beyond service is detailed financial management and
control. Dania Beach Marina will gain a professional accounting team governed by General Accepted
Accounting Principles. Our team of professionals prepares detailed monthly invoicing, budgeting,
forecasting, and reporting.
At the site level, Oasis Managers are trained in budgeting, which allows our onsite team to be more
in-tune to operational needs in real-time. Each of our properties undergo monthly budget reviews by
our corporate office, followed up by quarterly and annual reviews.
Oasis Marinas will provide the following financial management services for Dania Beach Marina listed
below.
Monthly Statements
Daily Reconciliation
Accounts Receivable & Payable
Monthly Forecasting
Annual Budgets
Detailed Reporting
20 Marina Management Proposal
Dania Beach Marina RFP 23-012
Marina Management Proposal
Dania Beach Marina RFP 23-012 21
Leadership skills
Boat operations
Customer service
Problem solving skills
Maintenance
Safety and first aid
Emergency management
Hurricane preparedness
Environmental management
Leadership Training
Excellent customer service begins and ends with great people. A smiling face and a helpful hand
immediately set the tone for a guest’s experience onsite, and we are diligent in how we source, hire
and train our teams.
Using a combination of online assessments and in-person auditions, we identify and test candidates
to determine if they have a genuine interest in serving others. Once hired, we support them with a
robust training program designed to not only give them the skills they need, but to also create a
culture of professional growth. In fact, our cutting-edge Learning Management System has more
than 100 courses for team members, covering topics such as marine safety, coaching, time
management, public speaking, and personal wellness. We even use gamification within the system
to encourage engagement, with members earning badges and rewards as they pass our courses!
With our “hire for attitude, train for skill” approach, brand standards, training, and hospitality
experience, we confidently promise to Dania Beach Marina Five-Diamond, hospitality-focused marina
management services that will rival any luxury hotel in the world.
Leadership Training Courses
Training will cover at a minimum the following topics and delve deeper into each segment as it directly
correlates to this operation’s requirements.
21 Marina Management Proposal
Dania Beach Marina RFP 23-012
Marina Management Proposal
Dania Beach Marina RFP 23-012 22
Technology Integration
At Oasis Marinas, we believe that technology can enable our operations staff to spend more
facetime with boaters and less time behind a desk. We use technology throughout the entire
operation in accounting, contract management, slip reservations, facility maintenance, boat
launch reservations, employee training and attendance tracking.
Marina Management Technology
We provide technology solutions that allow
the location manager a 360-degree
view of operations and facilities
management. Our marina
management system allows our
team to track sales and inventory
in real-time in an efficient and
effective manner.
All data is housed in one place
and enables us to leverage the
data for marketing and customer
service management purposes.
The technology we use also
enables us to automate many of
the back-end operations, thereby
allowing the location manager to
focus on customer service.
Management System Dashboard View
22 Marina Management Proposal
Dania Beach Marina RFP 23-012
Enterprise Solutions
Cloud Deployment
Dockside Manager Mobile Solution
Electronic Point of Sale Solution
Online Reservation Integration
Finance & Metering Systems Integration
Enhanced Contact Management
Data Conversion Capabilities
Marina Management Proposal
Dania Beach Marina RFP 23-012 23
23 Marina Management Proposal
Dania Beach Marina RFP 23-012
Emergency
Preparedness
Oasis Marinas maintains a comprehensive
Emergency Procedures Plan within our SOP
Manual. Staff members will be trained on safety
and emergency procedures. Some areas of
interest covered in our plan include emergency
contacts, vessel owner action plan, facility
evacuation plan and emergency checklists to
secure the facility and vessels.
Sustainability Programs
Clean Marina Program
All our marinas seek to achieve the Clean Marina
status. Oasis Marinas excels in managing
sustainability initiatives and will handle all the
regulatory requirements to help Dania Beach
Marina complete the Clean Marina program. The
Clean Marina Certification is a clear indication to
the State, the community and to boaters that
Dania Beach Marina is committed to running a
low impact and sustainable marina operation.
Become an
Environmental
Steward
Manage a Cleaner
& More Efficient
Facility
Serve as a
Valuable Asset to
the Community
Marina Management Proposal
Dania Beach Marina RFP 23-012 24
Better Quality More
Qualifications
More
Innovation
Design-Build
Approach
Better Quality More
Qualifications
More
Innovation
Design-Build
Approach
The Value Oasis Offers
Development Management
The Oasis Marinas difference does not stop with high-touch hospitality and metric-driven operations
but also extends to marine industry construction management. Oasis Marinas takes ownership of
overseeing all phases of our projects being the single point of contact. Phases include permitting,
design and construction.
Oasis Marinas uses the Design-Build project delivery solution to provide a single source of responsibility
for the overall project and to save time and money by encouraging innovation and collaboration with all
parties (Owner, Designer, Builder).
Only one contract is necessary with this approach, and Oasis is able to provide improved project
communication, coordinated project timelines and more accurate project budgets.
Market Studies
Bathymetric
Surveys
Construction Permitting Age &
Quality of
Assets
Layout
Configuration
Maintenance &
Operations
Engineering &
Design
Wind & Wave
Studies
Geotechnical
Studies
24 Marina Management Proposal
Dania Beach Marina RFP 23-012
Fully Satisfied
Customers Improved Budget Fewer Disputes Improved Timelines
4. References
Marina Management Proposal
Dania Beach Marina RFP 23-012 26
References
Cambridge Municipal Yacht Basin
City of Cambridge, MD
410 Academy Street,Cambridge, MD 21613
Tom Carroll
City Manager
Phone: 410-228-4020
Email: tcarroll@choosecambridge.com
Website: Cambridge Yacht Basin
Fernandina Harbor Marina
City of Fernandina Beach, FL
204 Ash St Fernandina Beach, FL 32034-4230
Tammi E. Bach
City Attorney
Phone: 904-310-3276
Website: Fernandina Harbor Marina
North Coast Harbor
City of Cleveland, OH
1020 East 9th Street, Cleveland, OH 44114
John Hoose
Assistant Commissioner of Airport Strategy
Phone: 216-857-0050,
Email: jhoose@clevelandairport.com
Website: North Coast Harbor Marina
Port Lorain
Lorain Port and Finance Authority
319 Black River Lane, Lorain, Ohio 44052
Tom Brown
Executive Director
Phone: 440-204-2265
Website: Oasis Marinas at Port Lorain
Troy Downtown Marina
City of Troy, NY
401 River Street, Troy, NY
Chris Nolin
Deputy Mayor
Phone: 518-279-7130
Email: chris.nolin@troyny.gov
Website: Troy, NY Downtown Marina
Marina Management Proposal
Dania Beach Marina RFP 23-012 27
5. Price
Marina Management Proposal
Dania Beach Marina RFP 23-012 28
Pricing Terms
Dania Beach Marina
Option 1:
Fixed Fee
(In line with current marina
management agreement)
Management Fee
$120,000 Annually
(Annual increases matching Consumer
Price Index not to exceed 5% increase)
Incentive Fee
2% of NOI
Contract
Term
5 Years
Plus, additional renewal
periods.
28 Marina Management Proposal
Dania Beach Marina RFP 23-012
Option 2:
Percent of Revenue
(Oasis’ typical marina management
agreement structure)
Management Fee
$6.5% of Revenue
Incentive Fee
2% of NOI
Marina Management Proposal
Dania Beach Marina RFP 23-012 29
Dania Beach Marina
Proposed Operating Budget
Oasis Marinas is confident that we can provide the marina operations at Dania Beach Marina with
substantial financial, operational, and service improvements based on our track record of revenue
improvement success across our entire portfolio. Please see the following projections based on
both Management Fee Options as previously outlined.
Option 1
Option 2
Y1 %Y2 %Y3 %Y4 %Y5 %
2024 2025 2026 2027 2028
Revenue 1,779,813 2,066,868 2,295,646 2,549,512 2,831,193
Revenue Wet Storage 1,779,813 2,066,868 2,295,646 2,549,512 2,831,193
GOP 1,779,813 100.00% 2,066,868 100.00% 2,295,646 100.00% 2,549,512 100.00% 2,831,193 100.00%
Expenses (841,417) -47.28% (873,736) -42.27% (912,562) -39.75% (954,008) -37.42% (998,305) -35.26%
Expenses Payroll & Other Expenses (325,162) -18.27% (334,917) -16.20% (344,964) -15.03% (355,313) -13.94% (365,972) -12.93%
Expenses R&M (24,000) -1.35% (24,720) -1.20% (25,462) -1.11% (26,225) -1.03% (27,012) -0.95%
Expenses Utilities (72,663) -4.08% (84,382) -4.08% (93,722) -4.08% (104,087) -4.08% (115,587) -4.08%
Expenses Supplies (2,400) -0.13% (2,472) -0.12% (2,546) -0.11% (2,623) -0.10% (2,701) -0.10%
Expenses Marketing (52,000) -2.92% (42,000) -2.03% (42,000) -1.83% (42,000) -1.65% (42,000) -1.48%
Expenses Rent - 0.00%- 0.00%- 0.00%- 0.00%- 0.00%
Expenses Contract (110,517) -6.21% (114,998) -5.56% (119,268) -5.20% (123,760) -4.85% (128,491) -4.54%
Expenses Credit Card Fee (48,077) -2.70% (55,831) -2.70% (62,011) -2.70% (68,869) -2.70% (76,478) -2.70%
Expenses Insurance (49,600) -2.79% (51,088) -2.47% (52,621) -2.29% (54,199) -2.13% (55,825) -1.97%
Expenses Professional Fees (26,000) -1.46% (26,000) -1.26% (26,000) -1.13% (26,000) -1.02% (26,000) -0.92%
Expenses Management Fee (120,000) -6.74% (126,000) -6.10% (132,300) -5.76% (138,915) -5.45% (145,861) -5.15%
Expenses Other (10,998) -0.62% (11,328) -0.55% (11,668) -0.51% (12,018) -0.47% (12,378) -0.44%
Expenses Taxes Real Estate & Others - 0.00%- 0.00%- 0.00%- 0.00%- 0.00%
NOI to City 938,396 52.72% 1,193,132 57.73% 1,383,085 60.25% 1,595,503 62.58% 1,832,888 64.74%
Expenses Incentive Fee (18,768) 0.00% (23,863) 0.00% (27,662) 0.00% (31,910) 0.00% (36,658) 0.00%
Disclaimer. This pro-forma contains certain estimates, forecasts, and financial projections (“Estimates”). Owner acknowledges that there are uncertainties inherent in attempting to make
such Estimates, that Owner is familiar with such uncertainties, that Owner is taking full responsibility for making its own evaluation of the adequacy and accuracy of all Estimates (including
the reasonableness of any assumptions underlying such Estimates), and that actual results may differ materially. Owner is cautioned not to place undue reliance on the Estimates. Oasis
does not make any representation, warranty, or guaranty with respect to the Estimates (including any such underlying assumptions). No assurances can be given that the future results
indicated, whether expressed or implied, will be achieved.
Y1 %Y2 %Y3 %Y4 %Y5 %
2024 2025 2026 2027 2028
Revenue 1,779,813 2,066,868 2,295,646 2,549,512 2,831,193
Revenue Wet Storage 1,779,813 2,066,868 2,295,646 2,549,512 2,831,193
GOP 1,779,813 100.00% 2,066,868 100.00% 2,295,646 100.00% 2,549,512 100.00% 2,831,193 100.00%
Expenses (837,105) -47.03% (882,082) -42.68% (929,479) -40.49% (980,812) -38.47% (1,036,472) -36.61%
Expenses Payroll & Other Expenses (325,162) -18.27% (334,917) -16.20% (344,964) -15.03% (355,313) -13.94% (365,972) -12.93%
Expenses R&M (24,000) -1.35% (24,720) -1.20% (25,462) -1.11% (26,225) -1.03% (27,012) -0.95%
Expenses Utilities (72,663) -4.08% (84,382) -4.08% (93,722) -4.08% (104,087) -4.08% (115,587) -4.08%
Expenses Supplies (2,400) -0.13% (2,472) -0.12% (2,546) -0.11% (2,623) -0.10% (2,701) -0.10%
Expenses Marketing (52,000) -2.92% (42,000) -2.03% (42,000) -1.83% (42,000) -1.65% (42,000) -1.48%
Expenses Rent - 0.00%- 0.00%- 0.00%- 0.00%- 0.00%
Expenses Contract (110,517) -6.21% (114,998) -5.56% (119,268) -5.20% (123,760) -4.85% (128,491) -4.54%
Expenses Credit Card Fee (48,077) -2.70% (55,831) -2.70% (62,011) -2.70% (68,869) -2.70% (76,478) -2.70%
Expenses Insurance (49,600) -2.79% (51,088) -2.47% (52,621) -2.29% (54,199) -2.13% (55,825) -1.97%
Expenses Professional Fees (26,000) -1.46% (26,000) -1.26% (26,000) -1.13% (26,000) -1.02% (26,000) -0.92%
Expenses Management Fee (115,688) -6.50% (134,346) -6.50% (149,217) -6.50% (165,718) -6.50% (184,028) -6.50%
Expenses Other (10,998) -0.62% (11,328) -0.55% (11,668) -0.51% (12,018) -0.47% (12,378) -0.44%
Expenses Taxes Real Estate & Others - 0.00%- 0.00%- 0.00%- 0.00%- 0.00%
NOI to City 942,708 52.97% 1,184,786 57.32% 1,366,168 59.51% 1,568,700 61.53% 1,794,721 63.39%
Expenses Incentive Fee (18,854) 0.00% (23,696) 0.00% (27,323) 0.00% (31,374) 0.00% (35,894) 0.00%
Disclaimer. This pro-forma contains certain estimates, forecasts, and financial projections (“Estimates”). Owner acknowledges that there are uncertainties inherent in attempting to make
such Estimates, that Owner is familiar with such uncertainties, that Owner is taking full responsibility for making its own evaluation of the adequacy and accuracy of all Estimates (including
the reasonableness of any assumptions underlying such Estimates), and that actual results may differ materially. Owner is cautioned not to place undue reliance on the Estimates. Oasis
does not make any representation, warranty, or guaranty with respect to the Estimates (including any such underlying assumptions). No assurances can be given that the future results
indicated, whether expressed or implied, will be achieved.
Marina Management Proposal
Dania Beach Marina RFP 23-012 30
6. Proposal Bond
Marina Management Proposal
Dania Beach Marina RFP 23-012 31
Marina Management Proposal
Dania Beach Marina RFP 23-012 32
7. Exhibits A-G Forms
Marina Management Proposal
Dania Beach Marina RFP 23-012 38
Certificate of Good Standing
Marina Management Proposal
Dania Beach Marina RFP 23-012 39
Corporate Bios
Kenneth Svendsen – Chief Executive Officer
Kenneth Svendsen brings 30 years of broad consumer facing experience
that began in sales and marketing in the travel industry in Europe before
successful roles with The Walt Disney Company, Hilton Worldwide,
Entertainment Cruises and most recently, Hornblower Cruise Events (who
acquired Entertainment Cruises). He operated his first “stand alone” P&L
with Disney responsible for Walt Disney Travel Company in 2000 and has
been a GM, President, or CEO for 20 years.
Kenneth most recently was President of Hornblower Cruises Events,
operator of three different portfolios that include 157 ships, 4,900 staff and
annual revenue of 850 M. During his tenure with Hornblower, Kenneth planned, integrated, and
led what became the world's largest provider of water-based dining, sightseeing, private charter,
and transportation experiences. He oversaw and led the expansion into Europe with the
acquisition of the largest GB operator serving 9.8 M guests each year (up from 1.6 M in 2016)
across 22 coveted destinations in the US, Canada, U.K.
Dan Cowens – Founder
Dan’s love for the water began when he worked for Annapolis Bay Charters
in Annapolis Maryland throughout high school and has continued to grow
since. Dan Cowens is the visionary and architect behind Oasis Marinas. In
2014, Dan founded Oasis Marinas with the goal of providing a higher level
of service to marina owners and boaters. He believed that there was a need
for a more modern and customer-focused approach to marina management.
Under Dan’s leadership, Oasis Marinas has grown rapidly and now
manages dozens of marinas across the United States. The company's
success is due in part to Dan’s innovative approach to marina management. He has implemented
new technologies and systems to streamline operations and improve the customer experience.
Dan is also committed to giving back to the community. He is involved in several charitable
organizations, including the Chesapeake Bay Foundation and the Annapolis Maritime Museum.
Sever Hida – Chief Financial Officer
Sever is head of the finance organization at Oasis where he is driven to
provide a high-quality product to clients while acting as a partner in their
value creation. He brings over 20 years of financial and accounting
experience with a demonstrated record of leadership in scaling finance
organizations of various high growth companies through process
development, controls restructuring and finance systems implementations
across multiple industries and geographies. Having previously worked for
both public and private companies across sectors including
Telecommunications, Construction, Publishing, Animal Health and Nuclear
Power in New York, London, Baltimore and now Annapolis, Sever brings a
unique and diverse perspective to the marina industry. Sever holds an MBA from New York
University, Stern School of Business and is a licensed CPA. He and his wife are both avid runners
and endurance athletes who explore the world with a thirst for challenge and adventure.
Marina Management Proposal
Dania Beach Marina RFP 23-012 40
Paul Sanett – Chief Growth Officer
Paul joined Oasis from Star Harbor, the world’s first immersive and fully
comprehensive commercial spaceflight training facility and research and
development campus. As the COO, he served as a thought partner to the
CEO and second in command at the maturing aerospace startup. In this role,
Paul’s responsibilities included directing the day-to-day administrative,
commercial and operational functions, as well as leading fund raising and
investor relations. Prior to Star Harbor, Paul was SVP Sales, Marketing
Growth at Hornblower Group, a global leader in world-class experiences and
transportation. He was responsible for leading all aspects of revenue growth
and long-term profitability (M&A sales, marketing, guest contact centers,
revenue management, new product development and innovation) for their City
Experiences division. Paul also has 20 years of experience in the hospitality industry working for
River North Group, a boutique Private Capital firm in Chicago as well as Hilton, where he started
his career as Director of Corporate Development and Senior Director Global Marketing.
Alana Tompkins – Chief Marketing Officer
Alana joined Oasis officially in July this year as she led a review of the
Company’s overall branding and strategy. She is a tenured agency, marketing
and sales executive with a diverse skill set and a history of success, having
enabled growth by developing and delivering marketing strategies, programs,
custom campaigns, special events, promotions and sales strategies for
companies such as Regency Pet, AOL, Google, CBS, Discovery, Centers for
Medicare and Medicaid, Export Import Bank, Treasury Department, Ford,
Johnson Johnson, and the National Retina Institute. She has been a driver of
new business, strategic relationships, and creative performance. She learned
early on the necessary leadership skills that have earned her client trust and
respect. She also possesses creative talent, understands the importance of great content and
testing, and works well with her creative constituents and agency partners.
Alana has worked in the digital marketing space for more than 17 years and possesses a fluent
understanding of digital formats, platforms and programs that will generate the best results
relevant to generating awareness, optimization, engagement, and demand generation. Her
expertise with field sales, national accounts, operations, and marketing will ensure that digital
strategies are properly integrated within larger marketing programs like search, social, display
and email, which will allow the team to develop and execute actionable audience-based strategies
across the entire boating, marina and institutional investor ecosystem of varying stakeholders
Evelyn Costa – Chief Human Resources Officer
Evelyn Costa joined Oasis in 2022 with 15 years if experience developing and
executing human resource strategies in support of the overall business plan
and strategic direction of the organization, specifically in the areas of
succession planning, talent management, change management,
organizational and performance management, training and development, and
compensation.
Evelyn is experienced working in the US and LATAM markets overseeing
multi-state, start-ups, privately owned organizations in the e-learning, healthcare, health and
wellness and hospitality industries.
Marina Management Proposal
Dania Beach Marina RFP 23-012 41
Brian Arnold – VP of Business Development
Brian has 23 years of sales, business development, customer service and
operations experience. In this time, he has worked in telecommunications,
real estate, hospitality management and marina business
development. Brian is also a USCG licensed master, lifelong boater and
loves cruising, water sports and traveling.
Nate Moyer – VP of Operations
Nate Moyer has 17 years in operations management and is obsessed with
providing growth opportunities for his team and creating exceptional guest
experiences. He firmly believes that attention to small details add up quickly
to drive bottom-line growth while also generating top customer satisfaction.
Nate is a flexible and seasoned leader who partners with corporations,
municipalities and private ownership to strengthen their business and
maximize their assets.
Roger Wieland – VP of Operations
Roger works alongside Nate in managing the day-to-day operations for our
company. Roger is a native of New York and lives with his family in
Annapolis. Roger has had a distinguished career in Operations and
Strategy. He is a veteran of the Navy and a graduate of the Naval Academy
in Annapolis. Most recently Roger was the marketplace manager for Workrise
and transformed their go-to-market and growth strategy. Prior to Workwise,
Roger spent a number of years leading project and engagement teams at
Deloitte. He led multiple teams of individuals who build efficient, innovative,
and transformative business processes for companies across the country. He has had a
prominent career managing financial performance and has led companies in their pursuit of
growing market share and business development opportunities.
Jat Talton – VP of Marina Development
Jat is a second-generation General Contractor, holds a Bachelor of Science
in Construction Management from East Carolina University and has over $1.5
billion in construction management experience. Jat has design and
construction knowledge of both vertical and horizontal real estate
development. Collectively, Jat has overseen the design and construction of
over 150 marinas across North America. Jat prides himself on adding value
to all projects by protecting the Owner’s investment and driving projects to
completion while maintaining quality, budget, schedule and customer
satisfaction.
Marina Management Proposal
Dania Beach Marina RFP 23-012 51
Agreement Review
Marina Management Proposal
Dania Beach Marina RFP 23-012 52
Agreement Review
Oasis has reviewed the draft agreement. Proposer reserves the right to negotiate contract terms
that are mutually agreeable to both parties after contract award based on the evaluation criteria
expressed in the RFP.
Marina Management Proposal
Dania Beach Marina RFP 23-012 53
Industry Partners
Brian C. Arnold | Vice President, Business Development
Brian@oasismarinas.com | C: (410) 703-4737
Experience Remarkable! | www.oasismarinas.com
Paul Sanett | Chief Growth Officer
psanett@oasismarinas.com | C: (703) 656-6926
Experience Remarkable! | www.oasismarinas.com
30
EXHIBIT D: ANNUAL BUDGET PROVISIONS
a. Contents of Annual Budget. The Annual Budget shall contain the following information for
the upcoming Operating Year: (i) an estimate of Marina Revenue, Operating Expenses,
Monthly Management Fee, Monthly Incentive Fee, Required Programs Charges, Accounting
Services, Marketing Services, and IT Services, and Reimbursable Expenses, along with the
key assumptions used by Oasis in deriving such estimates; (ii) an estimate of amounts to be
deposited into the Reserve Fund and anticipated expenditures to be made from the Reserve
Fund; (iii) an estimate of the anticipated capital expenditures in the forthcoming Operating
Year; (iv) a marketing plan for the Marina; (v) a three (3) year operating projection; (vi) a
three (3) year forecast for major capital expenditures; and (vii) such reasonable additional and
supplemental information with respect to the operation of the Marina as shall be requested by
City.
b. Initial Meeting to Discuss. Upon City’s request, following delivery of the proposed Annual
Budget, Oasis shall meet with City at the Marina (or such other location as they may agree,
or telephonically, if agreed by City and Oasis) to answer any questions, to discuss City’s
suggestions regarding the Annual Budget, and to attempt to resolve any areas of disagreement
pertaining to the Annual Budget.
c. Written Objections. Within the later of (i) fifteen (15) days after meeting with Oasis or (ii)
thirty (30) days after receipt of the proposed Annual Budget from Oasis, City shall provide
Oasis with any objections to such proposed Annual Budget in writing, in reasonable detail
(including the specific items to which City’s objects and the reasons for such objections),
along with City’s proposed changes to the Annual Budget. City shall be deemed to have
approved that portion of any proposed Annual Budget to which City has not responded to
within such time period. If City has provided written objections to the Annual Budget, City
and Oasis shall again meet at the Marina (or at such other location as they may agree, or
telephonically if agreed by City and Oasis) to discuss any written objections made by City.
Oasis and City will endeavor in good faith to resolve City’s objections. Oasis shall, if
appropriate, submit revisions to the proposed Annual Budget for City’s review. The Parties
shall use commercially reasonable efforts to reach an agreement upon the Annual Budget
prior to the date that the Marina opens to the public under Oasis’ management pursuant to
this Agreement, with respect to the first Annual Budget, or prior to January 1 of each year,
with respect to each Annual Budget thereafter. If Oasis and City have not been able to agree
upon an approved Annual Budget by January 1 of the year to which the proposed Annual
Budget pertains, then Oasis shall operate the Marina (a) in accordance with those aspects of
the proposed Annual Budget that were not objected to by City, and (b) for those areas for
which there is an objection, in accordance with the actual expenses for the prior year, subject
to the increase in CPI over the prior year.
d. Withholding Approval. City shall not have the right to withhold its approval with respect to
the following aspects of the Annual Budget: (i) Oasis’ projections of Marina Revenue; (ii)
the following costs over which Oasis has no control: taxes, insurance premiums, utility rates,
legal requirements; (iii) employee wages, compensation, and benefit programs to the extent
applied on a system-wide basis to other marinas operated by Oasis, taking into account
fluctuation for local market conditions; (iv) Required Programs Charges; and (v) costs and
expenses required to maintain the Oasis Standards.
31
EXHIBIT E: ANNUAL BUDGET PROVISIONS
Accounting Support Services include the following:
1. Full cycle accounting:
• Reconciliations of all Balance Sheet accounts, including bank accounts
• Reconciliation of debt facility activity
• Posting of all transactional activity from
• Posting of all month-end cut off, deferral and accrual activity
• Posting of all capitalizations, disposals, depreciation, and other asset activity
• Reconciliation of inventory, maintenance of inventory items if applicable
2. Accounts Receivable
• Invoicing
• Collections management
• Account Deposits
• Deferred revenue contract mgmt. and accounting
3. Accounts Payable management:
• Sourcing, negotiating, onboarding and maintaining vendor relationships – done at Oasis’
scale of purchasing power
• Payment of vendor bills
• 1099 filings
4. Tax compliance:
• Filing all Sales Tax Reporting
• Assistant as needed with registrations
5. Manage accounting systems:
• Marina Operations and Points of Sale
• Transient Reservation Platform
• Accounting and Bookkeeping platform
• Payroll and HRM system
• Procurement, Vendor and Expense Management System
• System maintenance and version control
6. Financial Statements Prepared
• On or about the tenth (10th) business day of each month
• Compared to the month immediately preceding
• Statements (GAAP Basis)
a. Balance sheet
b. Income statement
c. Cash flows.
7. Forecast and annual budget.
Any additional services requested that are not included above will be charged on an hourly basis at a
rate of $150.00 per hour.
32
EXHIBIT F: MARKETING SERVICES
Marketing Services include the following:
• Ongoing website maintenance (hosting management, content updates)
• Search Engine Optimization management and monitoring
• Pay Per Click Advertising management and monitoring
• Organic Social Media boost (4 posts per month per channel)
• Blog posts - 2/mo.
• Inbound Marketing - 4 email campaigns
• Direct Mail - 2 campaigns
• Day to day account management – up to 10 hours per month
Services exclude third-party costs, creative services, production costs and advertising spend which
will be budgeted and billed as Operating Expenses. Any additional marketing services that are
requested by Owner or are necessary and that are not included above will be charged as set forth on
the then-current menu of prices for marketing services as published by Oasis from time to time.
City of Dania Beach
Parks & Recreation Memorandum
DATE: 1/9/2024
TO: Mayor and Commissioners
FROM: Ana M. Garcia, ICMA-CM, City Manager
VIA: Cassi Waren, CPRP, Deputy Director of Parks and Recreation
SUBJECT: Waiving the competitive bidding and authorizing to obtain equipment rentals and
services from Herc Rentals, Inc. utilizing the City of Charloette, North Carolina's
contract award under Request for Proposal No. 269-2018-047 and to exceed the
annual vendor threshold amount of Fifty-Thousand Dollars ($50,000.00) in a single
fiscal year.
Request:
The Parks and Recreation Department is requesting the adoption of a resolution waiving the
competitive bidding and authorizing to obtain equipment rentals and services from Herc Rentals,
Inc. utilizing the City of Charloette, North Carolina's contract award under Request for Proposal
No. 269-2018-047 and to exceed the annual vendor threshold amount of Fifty-Thousand Dollars
($50,000.00) in a single fiscal year.
Background:
The Department of Parks and Recreation rents electrical equipment and light towers for events
throughout the fiscal year. These rentals can include but are not limited to,
generators, spider boxes, electrical cords, light towers and other electrical/lighting items for each
event to support the power and lighting needs of the events.
The Department has rented equipment from Herc Rentals, Inc. and is pleased with the condition
of the equipment and quality of service provided. The City wishes to utilize the City of Charlotte,
NC's RFP #269-2018-047 and agreement for Equipment Rentals and Related
Products and Services with Herc Rentals, Inc. to obtain competitive pricing for the services.
The cost of these services will exceed the annual vendor threshold amount of Fifty Thousand
Dollars ($50,000) City in a single fiscal year and therefore, City Commission authorization is
needed.
Budgetary Impact
Funding for these services are budgeted for in the Special Events Account Number 001-72-09-
574-48-10 - Promotional Activities General
Recommendation
It is recommended that the City Commission adopt the resolution waiving the competitive bidding
and authorizing to obtain equipment rentals and services from Herc Rentals, Inc. utilizing the City of
Charloette, North Carolina's contract award under Request for Proposal No. 269-2018-047 and to
exceed the annual vendor threshold amount of Fifty-Thousand Dollars ($50,000.00) in a single fiscal
year.
RESOLUTION NO. 2024-______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, WAIVING COMPETITIVE BIDDING AND
AUTHORIZING TO OBTAIN EQUIPMENT RENTALS AND RELATED
PRODUCTS AND SERVICES FROM HERC RENTALS, INC., UTILIZING
THE CITY OF CHARLOTTE, NORTH CAROLINA’S CONTRACT AWARD
UNDER REQUEST FOR PROPOSAL NO. 269-2018-047 AND TO EXCEED
THE ANNUAL VENDOR THRESHOLD AMOUNT OF FIFTY THOUSAND
DOLLARS ($50,000.00) IN A SINGLE FISCAL YEAR; 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 she is authorized to do so in
advance by a resolution adopted by the City Commission; 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 at Fifty Thousand Dollars ($50,000.00) for a vendor each fiscal
year; and
WHEREAS, the Parks and Recreation Department rents electrical equipment and light
towers for Dania After Dark and other events (the “Services”); and
WHEREAS, the Department has rented equipment from Herc Rentals, Inc. (the “Vendor”)
and is pleased with the condition of equipment and quality of service provided, and
WHEREAS, the City wishes to utilize the City of Charlotte, North Carolina Agreement
with the Vendor under RFP No. 269-2018-047 for Equipment Rentals and Related Products and
Services to obtain competitive pricing for the Services; and
WHEREAS, the cost of the Services will exceed the annual vendor threshold amount of
Fifty Thousand Dollars ($50,000.00) in a single fiscal year and therefore, City Commission
authorization is needed.
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.
2 RESOLUTION #2024-______
Section 2.That the City Commission authorizes the proper City Officials to execute
an Agreement which is attached as Exhibit “A” and incorporated into this Resolution by this
reference, with the Vendor for the Services using the City of Charlotte, North Carolina Agreement
with the Vendor under RFP No. 269-2018-047 for Equipment Rentals and Related Products and
Services to obtain competitive pricing for the Services.
Section 3.That all City Departments may use this Agreement for the procurement of
equipment rental and other services under the City of Charlotte, NC pricing schedule.
Section 4.That the City is authorized to exceed the annual Fifty Thousand Dollars
($50,000.00) purchase threshold for a single vendor for fiscal year 2023/24 and for all subsequent
fiscal years that the Agreement is in place.
Section 5.That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6.That this Resolution shall become effective 10 days after passage.
PASSED AND ADOPTED on , 2024.
Motion by ______________________, second by ________________________.
FINAL VOTE ON ADOPTION: Unanimous ____
Yes No
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
AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND
HERC RENTALS INC., TO PROVIDE EQUIPMENT RENTAL SERVICES
UNDER THE CITY OF CHARLOTTE, NORTH CAROLINA REQUEST FOR
PROPOSALS NO. 269-2018-047 ENTITLED “EQUIPMENT RENTALS AND
RELATED PRODUCTS AND SERVICES”.
This is an Agreement (“Agreement”) dated ____________________, 2024, between the City of
Dania Beach, Florida, a Florida municipal corporation (“City”), with its principal place of business
located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and Herc Rentals, Inc., a
foreign corporation registered to conduct business in Florida, ("Contractor"), with its Florida mailing
address of 27500 Riverview Center Boulevard, Bonita Springs, Florida 34134.
In consideration of the mutual covenants, terms and conditions contained in this Agreement,
and other good and valuable consideration, the adequacy and receipt of which are acknowledged and
agreed upon, the parties agree to the following:
1. The current Agreement issued under RFP No. 269-2018-047 between the City of Charlotte,
North Carolina and the Contractor, a copy of which is attached as Exhibit “A” and made a
part of and is incorporated into this Agreement by this reference, shall be considered a part
of this Agreement between the City and the Contractor.
2. Any insurance policy required pursuant to Exhibit A, Section 34, would name the City of
Dania Beach under this piggyback. A copy of the insurance certificate shall be provided to
the City of Dania Beach upon execution of this piggyback agreement.
3. The Pricing Sheet for equipment rental, a copy of which is attached as Exhibit “B” and
made a part of and is incorporated into this Agreement by this reference, shall be
considered a part of this Agreement between the City and the Contractor.
4. That in all other respects, the terms of Exhibit “A” apply to this Agreement.
SIGNATURES ON THE FOLLOWING PAGES
2
IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and
year first written above.
CITY OF DANIA BEACH, FLORIDA,
a Florida municipal corporation
ELORA RIERA, MMC ARCHIBALD J. RYAN IV, MAYOR
CITY CLERK
APPROVED AS TO LEGAL FORM
AND CORRECTNESS
EVE A. BOUTSIS, CITY ATTORNEY ANA M. GARCIA, ICMA-CM
CITY MANAGER
3
CONTRACTOR:
HERC RENTALS, INC., a foreign
corporation, registered to
conduct business in Florida.
WITNESSES:
SIGNATURE SIGNATURE
PRINT Name PRINT Name
SIGNATURE Title
PRINT Name
STATE OF FLORIDA
COUNTY OF ____________________________
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐
online notarization, on ______ , 2024, by ________________________, as
__________________________ of Herc Rentals, Inc., a foreign corporation registered to conduct
business in Florida, who is personally known to me or has produced
____________ as identification.
NOTARY PUBLIC
My Commission Expires: State of Florida
COMPETITIVE SOLICITATION
BY CITY OF CHARLOTTE, NORTH CAROLINA
FOR
EQUIPMENT RENTALS AND RELATED PRODUCTS AND
SERVICES
ON BEHALF OF ITSELF AND OTHER GOVERNMENT AGENCIES
AND MADE AVAILABLE THROUGH THE U.S. COMMUNITIES
GOVERNMENT PURCHASING ALLIANCE
RFP #269-2018-047
May 22, 2018
REQUEST FOR PROPOSALS
RFP # 269-2018-047
Equipment Rentals and Related Products and Services
May 22, 2018
Dear Sir or Madam:
The City of Charlotte, North Carolina (herein “City” or “Lead Public Agency”) on behalf of itself
and all states, local governments, school districts, and higher education institutions in the United
States of America, and other government agencies and nonprofit organizations (herein
“Participating Public Agencies”) is now accepting Proposals for Equipment Rentals and Related
Products and Services. The requirements for submitting a Proposal are stated in the attached
Request for Proposals (the “RFP”). Please review them carefully.
A Non-Mandatory Pre-Proposal Conference for the purpose of reviewing the RFP and
answering questions regarding the Services will be held on June 6th, 2018, at 1:00 p.m., at the
Charlotte-Mecklenburg Government Center (CMGC), 600 East Fourth Street, Charlotte, North
Carolina 28202, Conference Room 280 or via teleconference at 704-432-5483. Please bring a
copy of the RFP with you at that time. All interested Companies should return a completed
Request For Proposals Acknowledgement Form (see Section 6, Form 1) by the date stated in the
schedule in Section 3.1 of this RFP.
An electronic copy of the RFP in Microsoft Word format may be obtained by contacting Karen
Ewing at kewing@charlottenc.gov.
All Proposals are due to the Management and Financial Services, Procurement Management
Division, 9th Floor, CMGC 600 East Fourth Street, Charlotte, North Carolina 28202, no later
than JUNE 26, 2018 at 2:00 p.m.
Two (2) original Proposals signed in ink by a company official authorized to make a legal and
binding offer, and two (2) electronic copies of the Proposal on individual flash drives in a
searchable format such as MS Word or Adobe Acrobat must be submitted in a sealed box or
opaque envelope plainly marked with the Proposal number and service description as follows:
Request for Proposals
Attention: Karen Ewing
[Name of Company Submitting Proposal]
Rental Equipment Products & Services
RFP # 269-2018-047
RFP questions must be directed to Karen Ewing, Management and Financial Services,
Procurement Management Division, per the enclosed instructions in Section 3.3. The City is an
equal opportunity purchaser.
Sincerely,
Kay Elmore
Chief Procurement Officer
cc: Alexis Turner, U.S. Communities
RFP Project File
RFP #269-2018-047 Rental Equipment i
Checklist for submitting a Proposal:
Step 1- Read the document fully.
Step 2- If you plan on submitting a Proposal then fax Form 1 in Section 6 to the number listed
on the sheet.
Steps 3- If you have any questions send them before the deadline listed in Section 3.3.
If you plan to submit a Proposal you must f ollow this checklist, and must include everything
detailed below.
Proposal Copies - Please provide the specified number for each format
2 Copies marked “Original” in a sealed, non-transparent envelope that includes the
Company name, the RFP number, and identification of the equipment, supply, and/or
Services for which the Proposal is submitted.
2 Copies on flash drive.
Proposal Format - Proposals should be formatted as follows:
Included
(Check) Requirements
Cover Letter (per Section 5.1.1)
Executive Summary (per Section 5.1.2)
Addenda Acknowledgement Form (Section 6, Form 2)
Proposal Submission Form (Section 6, Form 3)
Attachment 1 containing: Fixed Percentage Discounts / Additional Charges / Market
Basket / Lease Pricing / Purchase Option Pricing
MWSBE Participation Plan (Section 6, Form 5)
Company’s Background Response ) Section 6, Form 6)
References (Section 6, Form 7)
Non-Discrimination Provision (Section 6, Form 8)
Certification Regarding Debarment (Section 6, Form 9)
U.S. Communities Worksheet for National Program Consideration (Section 7)
U. S. Communities Supplier Information (Section 7)
U. S. Communities Administration Agreement – Signed, unaltered (Section 7)
Exceptions to any part of the RFP (If you take any exceptions to anything in this
document, please list it in a category in your Proposal called “Exceptions” and offer
an alternative solution).
The above items constitute all that must be included in the Proposal. If awarded a contract,
you will be required to provide an insurance certificate that meets or exceeds the requirements set
forth in Exhibit A, Section 34.
It is the Company’s responsibility to check www.ips.state.nc.us or
http://charlottenc.gov/DoingBusiness/Pages/ContractOpportunities.aspx for any addenda or
changes to this Project. Search for RFP # 269-2018-047 to find if any documents or changes
have been posted.
Table of Contents
RFP #269-2018-047 Rental Equipment ii
TABLE OF CONTENTS
1. U.S. COMMUNITIES OVERVIEW AND REQUIREMENTS ...................................................... 1
2. INTRODUCTION ..............................................................................................................................12
2.1 OBJECTIVE ..................................................................................................................................12
2.2 DEFINITIONS ...............................................................................................................................12
2.3 ACCURACY OF RFP AND RELATED DOCUMENTS ........................................................................14
2.4 CITY’S RIGHTS AND OPTIONS......................................................................................................15
2.5 EXPENSE OF SUBMITTAL PREPARATION ......................................................................................15
2.6 PROPOSAL CONDITIONS ..............................................................................................................15
3 PROCUREMENT PROCESS ...........................................................................................................20
3.1 SCHEDULE AND PROCESS ............................................................................................................20
3.2 INTENT TO PROPOSE ....................................................................................................................20
3.3 INTERPRETATIONS AND ADDENDA ..............................................................................................20
3.4 PRE-PROPOSAL CONFERENCE .....................................................................................................21
3.5 SUBMISSION OF PROPOSALS ........................................................................................................21
3.6 CORRECTION OF ERRORS ............................................................................................................22
3.7 EVALUATION ...............................................................................................................................22
3.8 PROPOSAL EVALUATION CRITERIA .............................................................................................22
3.9 QUALIFICATIONS AND EXPERIENCE ............................................................................................23
3.10 PROJECT APPROACH / PROPOSED SOLUTION ...............................................................................23
3.11 COST EFFECTIVENESS AND VALUE..............................................................................................23
3.12 MWSBE SUBCONTRACTOR UTILIZATION ...................................................................................23
3.13 ACCEPTANCE OF THE TERMS OF THE CONTRACT ........................................................................23
3.14 CONTRACT AWARD BY CITY COUNCIL .......................................................................................24
3.15 VENDOR INCLUSION ....................................................................................................................24
4 SCOPE OF SERVICES .....................................................................................................................25
4.1 GENERAL SCOPE .........................................................................................................................25
4.2 PRODUCT STANDARDS AND SERVICE LEVEL REQUIREMENTS .....................................................25
4.3 OPTIONAL LEASE AND/OR PURCHASE OF EQUIPMENT .................................................................26
4.4 ENVIRONMENTAL PURCHASING REQUIREMENTS ........................................................................28
4.5 NEW PRODUCTS AND SERVICES ..................................................................................................28
4.6 EMERGENCY RESPONSE ..............................................................................................................28
4.7 TRAINING ....................................................................................................................................28
4.8 INSTALLATION ............................................................................................................................28
4.9 SAFETY .......................................................................................................................................28
4.10 WARRANTY .................................................................................................................................28
4.11 DELIVERY ...................................................................................................................................29
4.12 OPTIONAL WORK ........................................................................................................................29
4.13 REPORTS .....................................................................................................................................29
4.14 PRICING .......................................................................................................................................26
5 PROPOSAL CONTENT AND FORMAT. ......................................................................................30
REQUIRED FORM 1 - RFP ACKNOWLEDGEMENT .........................................................................32
REQUIRED FORM 3 - PROPOSAL SUBMISSION FORM .................................................................34
REQUIRED FORM 4 - PRICING WORKSHEET ..................................................................................36
REQUIRED FORM 5 – M/W/SBE UTILIZATION ................................................................................37
REQUIRED FORM 6 – COMPANY’S BACKGROUND RESPONSE .................................................39
REQUIRED FORM 8 – NON-DISCRIMINATION PROVISION .........................................................41
EXHIBIT A – SAMPLE CITY CONTRACT ............................ ERROR! BOOKMARK NOT DEFINED.
Section 1
U.S. Communities Overview and Requirements
RFP #269-2018-047 Rental Equipment 1
1. U.S. COMMUNITIES OVERVIEW AND REQUIREMENTS
1.1 MASTER AGREEMENT
The City of Charlotte, NC (herein “Lead Public Agency”) on behalf of itself and all
states, local governments, school districts, higher education institutions, other
government agencies and nonprofit organizations in the United States of America
(herein “Participating Public Agencies”) is soliciting proposals from qualified
suppliers to enter into a Master Agreement for a complete line of Equipment Rentals
and Related Products and Services (herein “Products and Services”).
1.2 OBJECTIVES
A. Provide a comprehensive competitively solicited Master Agreement offering
Products and Services to Participating Public Agencies;
B. Establish the Master Agreement as a Supplier’s primary offering to Participating
Public Agencies;
C. Achieve cost savings for Suppliers and Participating Public Agencies through a
single competitive solicitation process that eliminates the need for multiple bids or
proposals;
D. Combine the volumes of Participating Public Agencies to achieve cost effective
pricing;
E. Reduce the administrative and overhead costs of Suppliers and Participating
Public Agencies through state of the art ordering and delivery systems;
F. Provide Participating Public Agencies with environmentally responsible products
and services.
1.3 GENERAL DEFINITION OF PRODUCTS AND/OR SERVICES
Proposers are expected to propose the broadest possible selection of Rental
Equipment that they offer commercially. The intent of this solicitation is to provide
Participating Public Agencies with turnkey solutions to meet their various needs.
Therefore, the Suppliers should have demonstrated experience in providing and
installing the Products and Services as defined in this RFP, including but not limited
to the following categories:
1) Construction Equipment – Heavy, Medium, and Light Equipment
2) Arial Lifts and Scaffold
3) Earth Moving Equipment
4) Electrical Tools, Power Equipment, and General Construction Tools
5) Material Handling Equipment
6) Facility Maintenance and Cleaning Equipment
7) HVAC Equipment
8) Pumps
9) Generators
10) Snow Removal Equipment
Section 1
U.S. Communities Overview and Requirements
RFP #269-2018-047 Rental Equipment 2
11) Safety Equipment
12) Portable Sign Boards
13) Portable Traffic Signals and Road Barricades
14) Refuse Trucks
15) Services - The complete listing of Services available from the Supplier such as,
but not limited to, delivery and installation, repair and/or maintenance,
equipment training programs, safety training programs, removal, and any other
related Services to provide customer support.
16) Purchase Option – the resulting contract should include options for Participating
Public Agencies who may wish to purchase equipment, either new or used.
17) Leasing Option- the resulting contract should include options for Participating
Public Agencies who may wish to lease equipment. These options may include
lease only and/or lease to purchase. Financing may be offered.
1.4 U.S. COMMUNITIES BACKGROUND
U.S. Communities Government Purchasing Alliance (herein “U.S. Communities”)
helps Participating Public Agencies reduce the cost of purchased goods through
strategic sourcing that combines the purchasing power of public agencies nationwide.
This is accomplished through an award of competitively solicited contracts for high
quality products and services by large and well recognized public agencies (herein
“Lead Public Agencies”). The contracts are available for use by the respective Lead
Public Agency and, also, by other Participating Public Agencies.
1.4.1 National Sponsors
U.S. Communities is jointly sponsored by the National Association of Counties
(NACo), the National League of Cities (NLC), the Association of School
Business Officials International (ASBO), the United States Conference of
Mayors (USCM) and the National Governors Association (NGA) (herein
“National Sponsors”).
1.4.2 Advisory Board
The U.S. Communities Advisory Board is made up of key government
purchasing officials from across the United States.
Each Advisory Board Member is expected to actively participate in
solicitations, participate in policy direction, and share expertise and purchasing
innovations.
Section 1
U.S. Communities Overview and Requirements
RFP #269-2018-047 Rental Equipment 3
Current U.S. Communities Advisory Board Members
Auburn University, AL Great Valley School District, PA
Beaverton School District, OR Harford County Public Schools, MD
City and County of Denver, CO Hennepin County, MN
City of Charlotte, NC Los Angeles County, CA
City of Chicago, IL Maricopa County, AZ
City of El Paso, TX Miami-Dade County, FL
City of Houston, TX North Carolina State University, NC
City of Kansas City, MO Onondaga County, NY
City of Los Angeles, CA Port of Portland, OR
City of Ocean City, NJ Prince William County Schools, VA
City of Seattle, WA San Diego Unified School District, CA
Cobb County, GA State of Iowa, IA
Denver Public Schools, CO State of Louisiana, LA
Emory University, GA The Ohio State University, OH
Fairfax County, VA The School District of Collier County
Fresno Unified School District, CA
1.4.3 Participating Public Agencies
Today more than 55,000 public agencies utilize U.S. Communities Contracts
and suppliers to procure over $2.0 Billion Dollars in Products and Services
annually. Each month more than 500 new public agencies register to
participate. The continuing rapid growth of public agency participation is
fueled by the program's proven track record of providing public agencies
unparalleled value.
The Supplier(s) must communicate directly with any Participating Public
Agency concerning the placement of orders, issuance of the purchase order,
Contractual disputes, invoicing, and payment.
City of Charlotte, North Carolina is acting as "Contracting Agent" for the
Participating Public Agencies and shall not be held liable for any costs,
damages, expenses, fees, liabilities, etc. incurred by any other Participating
Public Agency.
Each Participating Public Agency enters into a Master Intergovernmental
Cooperative Purchasing Agreement (MICPA) outlining the terms and
conditions that allow access to the Lead Public Agencies’ Master Agreements.
Under the terms of the MICPA, the procurement by the Participating Public
Agency shall be construed to be in accordance with, and governed by, the laws
of the state in which the Participating Public Agency resides. A copy of the
MICPA is attached in Section 8.
1.4.4 Estimated Volume
The estimated dollar volume of Products and Services purchased under the
proposed Master Agreement is $150 Million Dollars annually. This estimate is
based on the anticipated volume of the Lead Public Agency, the U.S.
Communities Advisory Board members, and current sales within the U.S.
Communities program. While there is no minimum quantity of Products
Section 1
U.S. Communities Overview and Requirements
RFP #269-2018-047 Rental Equipment 4
required to be purchased under the proposed Master Agreement, City of
Charlotte and the U.S. Communities Advisory Board Members are committed
to utilizing the Master Agreement. The Advisory Board members shall
determine if the Master Agreement is of value to their agency, and will
promote the Master Agreement among other public agencies nationwide. The
Advisory Board in 2017 purchased more than $160 Million Dollars of Products
and Services from existing U.S. Communities Contracts.
1.4.5 Marketing Support
U. S. Communities provides marketing support for each Supplier’s products
through the following:
• National Sponsors as referenced above,
• Over 90 State and Regional Sponsors,
• Sales and marketing personnel that directly promote the U.S.
Communities Suppliers to Participating Public Agencies through public
agency meetings, webinars, direct mail, email, online and print
advertising, social media, articles, and exhibiting and presenting at
national and local trade shows.
• U.S. Communities provides Suppliers government sales training and a
host of marketing and sales management tools to effectively increase
sales through U.S. Communities.
1.4.6 Multiple Awards
Multiple awards may be issued as a result of the solicitation. Multiple Awards
will ensure that any ensuing Master Agreements fulfill current and future
requirements of the diverse and large number of Participating Public Agencies.
The City of Charlotte reserves the right to award the Contract locally and/or
nationally in the aggregate, by section, multiple award, primary, secondary,
and tertiary, whichever is in the best interest of the City of Charlotte and
Participating Public Agencies as a result of this solicitation.
1.4.7 Evaluation of Proposals
Proposals will be evaluated by the Lead Public Agency in accordance with, and
subject to, the relevant statutes, ordinances, rules and regulations that govern
its procurement practices.
U.S. Communities Advisory Board members and other Participating Public
Agencies will assist the Lead Public Agency in evaluating proposals. The
Supplier(s) that respond(s) affirmatively meets the requirements of this
Request for Proposal and provides the best overall value will be eligible for a
Contract award. U.S. Communities reserves the right to make available or not
make available Master Agreements awarded by a Lead Public Agency to
Participating Public Agencies.
1.4.8 Format of Proposals
Respondents should provide their response in a single document that includes
page numbers so evaluators can easily reference sections of the response.
Information should be organized in the same way as the RFP is structured,
meaning each question in the RFP should be shown directly followed by the
proposer’s response.
Section 1
U.S. Communities Overview and Requirements
RFP #269-2018-047 Rental Equipment 5
SUPPLIER QUALIFICATIONS
1.5 SUPPLIERS
1.5.1 Commitments
U.S. Communities views the relationship with an awarded Supplier as an
opportunity to provide maximum benefit to both the Participating Public
Agencies and to the Supplier.
The successful foundation of the partnership requires commitments from both
U.S. Communities and the Supplier. U.S. Communities requires the Supplier to
make the four commitments set forth below (Corporate, Pricing, Economy, and
Sales) to ensure that Supplier is providing the highest level of public benefit to
Participating Public Agencies:
(a) Corporate Commitment.
(i) The pricing, terms and conditions of the Master Agreement shall,
at all times, be Supplier’s primary Contractual offering of Products and
Services to Public Agencies. All of Supplier’s direct and indirect
marketing and sales efforts to Public Agencies shall demonstrate that the
Master Agreement is Supplier’s primary offering and not just one of
Supplier’s Contract options.
(ii) Supplier’s sales force (including inside, direct and/or authorized
dealers, distributors and representatives) shall always present the Master
Agreement when marketing Products or Services to Public Agencies.
(iii) Supplier shall advise all Public Agencies that are existing
customers of Supplier as to the pricing and other value offered through
the Master Agreement.
(iv) Upon authorization by a Public Agency, Supplier shall transition
such Public Agency to the pricing, terms and conditions of the Master
Agreement.
(v) Supplier shall ensure that the U.S. Communities program and the
Master Agreement are actively supported by Supplier’s senior executive
management.
(vi) Supplier shall provide a national/senior management level
representative with the authority and responsibility to ensure that the
Supplier’s Commitments are maintained at all times. Supplier shall also
designate a lead referral contact person who shall be responsible for
receiving communications from U.S. Communities concerning new
Participating Public Agency registrations and for ensuring timely follow-
up by Supplier’s staff to requests for contact from Participating Public
Agencies. Supplier shall also provide the personnel necessary to
implement and support a supplier-based internet web page dedicated to
Supplier’s U.S. Communities program and linked to U.S. Communities’
website and shall implement and support such web page.
(vii) Supplier shall demonstrate in its procurement solicitation
response and throughout the term of the Master Agreement that
national/senior management fully supports the U.S. Communities
Section 1
U.S. Communities Overview and Requirements
RFP #269-2018-047 Rental Equipment 6
program and its commitments and requirements. National/Senior
management is defined as the executive(s) with Companywide authority.
(viii) Where Supplier has an existing Contract for Products and
Services with a state, Supplier shall notify the state of the Master
Agreement and transition the state to the pricing, terms and conditions of
the Master Agreement upon the state’s request. Regardless of whether
the state decides to transition to the Master Agreement, Supplier shall
primarily offer the Master Agreement to all Public Agencies located
within the state.
(b) Pricing Commitment.
(i) Supplier represents to U.S. Communities that the pricing offered
under the Master Agreement is the lowest overall available pricing (net
to purchaser) on Products and Services that it offers to Public Agencies.
Supplier’s pricing shall be evaluated on either an overall project basis or
the Public Agency’s actual usage for more frequently purchased Products
and Services.
(ii) Contracts Offering Lower Prices. If a pre-existing Contract
and/or a Public Agency’s unique buying pattern provide one or more
Public Agencies a lower price than that offered under the Master
Agreement, Supplier shall match that lower pricing under the Master
Agreement and inform the eligible Public Agencies that the lower pricing
is available under the Master Agreement. If an eligible Public Agency
requests to be transitioned to the Master Agreement, Supplier shall do so
and report the Public Agency’s purchases made under the Master
Agreement going forward. The price match only applies to the eligible
Public Agencies. Below are three examples of Supplier’s obligation to
match the pricing under Supplier’s Contracts offering lower prices.
(A) Supplier holds a state Contract with lower pricing that is
available to all Public Agencies within the state.
Supplier would be required to match the lower state
pricing under the Master Agreement and make it
available to all Public Agencies within the state.
(B) Supplier holds a regional cooperative Contract with
lower pricing that is available only to the ten cooperative
members. Supplier would be required to match the lower
cooperative pricing under the Master Agreement and
make it available to the ten cooperative members.
(C) Supplier holds a Contract with an individual Public
Agency. The Public Agency Contract does not contain
any cooperative language and therefore other Public
Agencies are not eligible to utilize the Contract. Supplier
would be required to match the lower pricing under the
Master Agreement and make it available only to the
individual Public Agency.
Section 1
U.S. Communities Overview and Requirements
RFP #269-2018-047 Rental Equipment 7
(iii) Deviating Buying Patterns. Occasionally U.S. Communities and
Supplier may interact with a Public Agency that has a buying pattern or
terms and conditions that considerably deviate from the normal Public
Agency buying pattern and terms and conditions, and causes Supplier’s
pricing under the Master Agreement to be higher than an alternative
Contract held by Supplier. This could be created by a unique end-user
preference or requirements. In the event that this situation occurs,
Supplier may address the issue by lowering the price under the Master
Agreement on the item(s) causing the large deviation for that Public
Agency. Supplier would not be required to lower the price for other
Public Agencies.
(iv) Supplier’s Options in Responding to a Third Party Procurement
Solicitation. While it is the objective of U.S. Communities to encourage
Public Agencies to piggyback on to the Master Agreement rather than
issue their own procurement solicitations, U.S. Communities recognizes
that for various reasons some Public Agencies will issue their own
solicitations. The following options are available to Supplier when
responding to a Public Agency solicitation:
(A) Supplier may opt not to respond to the procurement
solicitation. Supplier may make the Master Agreement
available to the Public Agency as a comparison to its
solicitation responses.
(B) Supplier may respond with the pricing, terms and
conditions of the Master Agreement. If Supplier is
awarded the Contract, the sales would be reported as
sales under the Master Agreement.
(C) If competitive conditions require pricing lower than the
standard Master Agreement pricing, Supplier may
submit lower pricing through the Master Agreement. If
Supplier is awarded the Contract, the sales would be
reported as sales under the Master Agreement. Supplier
would not be required to extend the lower price to other
Public Agencies.
(D) Supplier may respond to the procurement solicitation
with pricing that is higher (net to buyer) than the pricing
offered under the Master Agreement. If awarded a
Contract, Supplier shall still be bound by all obligations
set forth in this Section 3.3, including, without
limitation, the requirement to continue to advise the
awarding Public Agency of the pricing, terms and
conditions of the Master Agreement.
(E) Supplier may respond to the procurement solicitation
with pricing that is higher (net to buyer) than the pricing
offered under the Master Agreement and if an alternative
response is permitted, Supplier may offer the pricing
Section 1
U.S. Communities Overview and Requirements
RFP #269-2018-047 Rental Equipment 8
under the Master Agreement as an alternative for
consideration.
(c) Economy Commitment. Supplier shall demonstrate the benefits,
including the pricing advantage, of the Master Agreement over alternative
options, including competitive solicitation pricing and shall proactively offer the
terms and pricing under the Master Agreement to Public Agencies as a more
effective alternative to the cost and time associated with such alternate Proposals
and solicitations.
(d) Sales Commitment. Supplier shall market the Master Agreement
through Supplier’s sales force or dealer network that is properly trained, engaged
and committed to offering the Master Agreement as Supplier’s primary offering
to Public Agencies. Supplier’s sales force compensation and incentives shall be
greater than or equal to the compensation and incentives earned under other
Contracts to Public Agencies.
(i) Supplier Sales. Supplier shall be responsible for proactive sales of
Supplier’s Products and Services to Public Agencies and the timely
follow-up to sales leads identified by U.S. Communities. Use of product
listings, targeted advertising, direct mail, online marketing and other
sales initiatives are encouraged. All of Supplier’s sales materials targeted
towards Public Agencies shall include the U.S. Communities logo. U.S.
Communities hereby grants to Supplier, during the term of this
Agreement, a non-exclusive, revocable, non-transferable, license to use
the U.S. Communities name, trademark, and logo solely to perform its
obligations under this Agreement, and for no other purpose. Any
goodwill, rights, or benefits derived from Supplier's use of the U.S.
Communities name, trademark, or logo shall inure to the benefit of U.S.
Communities. U.S. Communities shall provide Supplier with its logo and
the standards to be employed in the use of the logo. During the term of
the Agreement, the Supplier shall provide U.S. Communities with its
logo and the standards to be employed in the use of the logo for purposes
of reproducing and using Supplier’s name and logo in connection with
the advertising, marketing and promotion of the Master Agreement to
Public Agencies. Supplier shall assist U.S. Communities by providing
camera-ready logos and by participating in related trade shows and
conferences. At a minimum, Supplier's sales initiatives shall
communicate that (i) the Master Agreement was competitively solicited
by the Lead Public Agency, (ii) the Master Agreement provides the
Supplier’s best overall pricing and value to eligible agencies, (iii) there is
no cost to Participating Public Agencies, and (iv) the Master Agreement
is a non-exclusive Contract.
(ii) Branding and Logo Compliance. Supplier shall be responsible for
complying with the U.S. Communities branding and logo standards and
guidelines. Prior to use by Supplier, all U.S. Communities related
marketing material must be submitted to U.S. Communities for review
and approval.
(iii) Sales Force Training. Supplier shall train its national sales force on the
Master Agreement and U.S. Communities program. U.S. Communities
Section 1
U.S. Communities Overview and Requirements
RFP #269-2018-047 Rental Equipment 9
shall be available to train on a national, regional or local level and
generally assist with the education of sales personnel.
(iv) Participating Public Agency Access. Supplier shall establish the
following communication links to facilitate customer access and
communication:
(A) A dedicated U.S. Communities internet web-based
homepage that is accessible from Supplier’s homepage or main
menu navigation containing:
(1) U.S. Communities standard logo with Founding Co-
Sponsors logos;
(2) Copy of original procurement solicitation;
(3) Copy of Master Agreement including any
amendments;
(4) Summary of Products and Services pricing;
(5) Electronic link to U.S. Communities’ online
registration page; and
(6) Other promotional material as requested by U.S.
Communities.
(B) A dedicated toll-free national hotline for inquiries
regarding U.S. Communities.
(C) A dedicated email address for general inquiries in the
following format: uscommunities@(name of supplier).com.
(v) Electronic Registration. Supplier shall be responsible for ensuring that
each Public Agency has completed U.S. Communities’ online
registration process prior to processing the Public Agency’s first sales
order.
(vi) Supplier’s Performance Review. Upon request by U.S. Communities,
Supplier shall participate in a performance review meeting with U.S.
Communities to evaluate Supplier’s performance of the covenants set
forth in this Agreement.
(vii) Supplier Content. Supplier may, from time to time, provide certain
graphics, media, and other content to U.S. Communities (collectively
"Supplier Content") for use on U.S. Communities websites and for
general marketing and publicity purposes. During the term of the
Agreement, Supplier hereby grants to U.S. Communities and its affiliates
a non-exclusive, worldwide, free, transferrable, license to reproduce,
modify, distribute, publically perform, publically display, and use
Supplier Content in connection with U.S. Communities websites and for
general marketing and publicity purposes, with the right to sublicense
each and every such right. Supplier warrants that: (a) Supplier is the
owner of or otherwise has the unrestricted right to grant the rights in and
to Supplier Content as contemplated hereunder; and (b) the use of
Supplier Content and any other materials or Services provided to U.S.
Communities as contemplated hereunder will not violate, infringe, or
misappropriate the intellectual property rights or other rights of any third
party.
Section 1
U.S. Communities Overview and Requirements
RFP #269-2018-047 Rental Equipment 10
1.6 U.S. COMMUNITIES ADMINISTRATION AGREEMENT INFORMATION
The Agreement outlines the Supplier’s general duties and responsibilities in
implementing the U.S. Communities Contract.
The Supplier is required to execute the U.S. Communities Administration Agreement
unaltered (included in Section Seven) and submit with the supplier’s proposal
without exception or alteration. Failure to do so will result in disqualification.
Section 1
U.S. Communities Overview and Requirements
RFP #269-2018-047 Rental Equipment 11
New Supplier Implementation Checklist
Target
Completion
After Award
1. First Conference Call One Week
Initial Kick Off Call to discuss expectations
Set Contract Launch Date & Outline Kick Off Plan
Establish initial contact people & roles/responsibilities
Supplier Log-In Credentials established
Set Agency Webinar Dates
2. Executed Legal Documents One Week
U.S. Communities Admin Agreement
Lead Public Agency agreement signed
3. Program Contact Requirements One Week
Supplier contacts communicated to U.S. Communities Staff
Dedicated email
Dedicated toll free number
4. Second Conference Call Two Weeks
Establish Sales Training Webinar Dates
Complete Supplier Set Up Form
Complete User Account and User ID Form
Identify Dates for Senior Management Meeting
Review Contract Commitments
5. Marketing Kick Off Call Two Weeks
Overview of Marketing Requirements
Establish Timeline for Marketing Deliverables
Set Weekly Marketing Call
Discuss Agency Webinar Slides & Set Timeframe for Deliverables
6. Initial NAM & Staff Training Meetings Three Weeks
Discuss expectations, roles & responsibilities
Introduce and review web-based tools
Review process &expectations of Lead Referral contact with NAM &
identified LRC
7. Senior Management Meeting Four Weeks
Implementation Process Progress Report
U.S. Communities & Vendor Organizational Overview
Supplier Manager to review & further discuss commitments
8. Review Top Joint Target Opportunities Five Weeks
Top 10 Local Contracts
Review top U.S. Communities PPA's
9. Web Development
Initiate E-Commerce Conversation Two Weeks
Product Upload to U.S. Communities site Five Weeks
10. Sales Training & Roll Out
Program Manager briefing - Coordinate with NAM Five Weeks
Initial remote WebEx training for all sales - Coordinate with NAM Three Weeks
Initiate contact with Advisory Board (AB) members Six Weeks
Determine PM & Local Metro teams strategy sessions Six Weeks
11.Marketing –see marketing deliverables checklist as reviewed with
marketing contact Eight Weeks
12. Agency Webinars Post Launch
Section 2
Introduction and General Information
RFP #269-2018-047 Rental Equipment 12
2. INTRODUCTION
2.1 Objective
The objective of this RFP is to solicit Proposals that will enable the City and
Participating Public Agencies (“PPAs”) to determine which Company and Proposed
Solution will best meet the City’s needs for providing the Products and Services as
requested in this RFP.
2.2 Definitions
As used in this RFP, the following terms shall have the meanings set forth below:
Acceptance: Refers to receipt and approval by the City of a Deliverable or
Service in accordance with the acceptance process and
criteria in the Contract.
Affiliates: Refers to all departments or units of the City and all other
governmental units, boards, committees or municipalities for
which the City processes data or performs Services.
Biodegradable: Refers to the ability of an item to be decomposed by bacteria
or other living organisms.
Charlotte Business Refers to the Charlotte Business Inclusion office of the City
Inclusion (CBI): of Charlotte.
Charlotte Combined Refers to the Charlotte-Gastonia-Salisbury Combined
Statistical Area (CSA): Statistical Area consisting of; (a) the North Carolina counties
of Anson, Cabarrus, Cleveland, Gaston, Iredell, Lincoln,
Mecklenburg, Rowan, Stanly, and Union; and (b) the South
Carolina counties of Chester, Lancaster, and York; a criteria
used by Charlotte Business INClusion to determine
eligibility to participate in the program.
City: Refers to the City of Charlotte, North Carolina.
Company: During the solicitation process, refers to a company that has
interest in providing the Services. After the solicitation
process, refers to a company that has been selected by the
City to provide the Services.
Company Project Refers to a specified Company employee representing the
Manager: best interests of the Company for this Project.
Contract: Refers to a written agreement executed by the City and
Company for all or part of the Services.
Deliverables: Refers to all tasks, reports, information, designs, plans, and
other items that the Company is required to deliver to the
City in connection with the Contract.
Documentation: Refers to all written, electronic, or recorded works that
describe the use, functions, features, or purpose of the
Deliverables or Services or any component thereof, and
which are provided to the City by the Company or its
subcontractors, including without limitation all end user
manuals, training manuals, guides, program listings, data
models, flow charts, and logic diagrams.
Section 2
Introduction and General Information
RFP #269-2018-047 Rental Equipment 13
Environmentally Refers to Products that have a lesser or reduced effect on
Preferable Products: human health and the environment when compared with
competing Products that serves the same purpose. This
comparison may consider raw materials acquisition,
production, manufacturing, packaging, distribution, reuse,
operation, maintenance, or disposal of the product.
Evaluation Committee: Refers to a City and U.S. Communities appointed
Committee that will evaluate Proposals and identify the
Company(-ies) best meeting the needs of the City and
Participating Public Agencies.
Lead Public Agency: Refers to the City of Charlotte, North Carolina
Master Agreement: Refers to the Agreement that is made available by the Lead
Public Agency after the successful completion of the
competitive solicitation and selection process, wherein
Participating Public Agencies may utilize the agreement to
purchase Products and Services.
Minority Business
Enterprise/MBE: Refers to a business enterprise that: (a) is certified by the
State of North Carolina as a Historically Underutilized
Business (HUB) within the meaning of N.C. Gen. Stat. §
143-128.4; (b) is at least fifty-one percent (51%) owned by
one or more persons who are members of one of the
following groups: African American or Black, Hispanic,
Asian, Native American or American Indian; and (c) is
headquartered in the Charlotte Combined Statistical Area.
MWSBE: Refers to SBEs, MBEs and WBEs, collectively.
MWSBE Goal: If an RFP or Contract has separate Subcontracting Goals for
MBEs, WBEs, and/or SBEs, the term MWSBE is a
shorthand way to refer collectively to all MBE, WBE, and
SBE Goals set for the RFP. In some instances, the City may
set one combined goal for MBEs, WBEs, and/or SBEs, in
which event the term MWSBE Goal refers to that one,
combined goal. In the latter instance, calculated as a
percentage, the MWSBE Goal represents the total dollars
spent with MBEs, WBEs, and SBEs as a portion of the total
Proposal amount, including any contingency.
Participating Public
Agency: Refers to all states, local governments, school districts, and
higher education institutions in the United States of
American, and other governmental agencies and nonprofit
organizations that elect to purchase Products and Services
under the Master Agreement.
Post-Consumer Refers to material and by-Products which have served their
Recycled Material: intended end-use by a consumer and have been recovered or
diverted from solid waste. It does not include those materials
Section 2
Introduction and General Information
RFP #269-2018-047 Rental Equipment 14
and by-Products generated from, and commonly reused
within, an original manufacturing process.
Products: Refers to all Products that the Company agrees to provide to
the City as part of its Proposal.
Proposal: Refers to the proposal submitted by a Company for the
Products and Services as outlined in this RFP.
Recyclability: Refers to Products or materials that can be collected,
separated or otherwise recovered from the solid waste stream
for reuse, or used in the manufacture or assembly of another
package or product, through an established recycling
program. For Products that are made of both recyclable and
non-recyclable components, the recyclable claim should be
adequately qualified to avoid consumer deception about
which portions or components are recyclable.
Recycled Material: Refers to material and by-Products which have been
recovered or diverted from solid waste for the purpose of
recycling. It does not include those materials and by-
Products generated from, and commonly reused within, an
original manufacturing process.
Services: Refers to the Equipment Rentals and Related Products and
Services as requested in this RFP.
Small Business Refers to a business enterprise that is certified by the City of
Enterprise/SBE: Charlotte under Part E of the CBI Policy as meeting all of
the requirements for SBE certification.
Specifications and Refers to all definitions, descriptions, requirements, criteria,
Requirements: warranties, and performance standards relating to the
Deliverables and Services that are set forth or referenced in:
(i) this RFP, including any addenda; (ii) the Documentation;
and (iii) any functional and/or technical specifications that
are published or provided by the Company or its licensors or
suppliers from time to time with respect to all or any part of
the Deliverables or Services.
Subcontracting Goals: Refers to the SBE, MBE, WBE, and MWSBE Goals
established by the City for an RFP and resulting Contract.
Women Business Refers to a business enterprise that: (a) is certified by the
Enterprise (WBE): State of North Carolina as a Historically Underutilized
Business (HUB) within the meaning of N.C. Gen. Stat. §
143-128.4; (b) is at least fifty-one percent (51%) owned by
one or more persons who are female; and (c) is
headquartered in the Charlotte Combined Statistical Area.
Work Product: Refers to the Deliverables and all other programs,
algorithms, reports, information, designs, plans and other
items developed by the Company in connection with this
RFP, and all partial, intermediate or preliminary versions of
any of the foregoing.
2.3 Accuracy of RFP and Related Documents
Section 2
Introduction and General Information
RFP #269-2018-047 Rental Equipment 15
Each Company must independently evaluate all information provided by the City.
The City makes no representations or warranties regarding any information presented
in this RFP, or otherwise made available during this procurement process, and
assumes no responsibility for conclusions or interpretations derived from such
information. In addition, the City will not be bound by or be responsible for any
explanation or conclusions regarding this RFP or any related documents other than
those provided by an addendum issued by the City. Companies may not rely on any
oral statement by the City or its agents, advisors, or consultants.
If a Company identifies potential errors or omissions in this RFP or any other related
documents, the Company should immediately notify the City of such potential
discrepancy in writing. The City may issue a written addendum if the City determines
clarification necessary. Each Company requesting an interpretation will be
responsible for delivering such requests to the City's designated representative as
directed in this RFP Section 3.3.
2.4 City’s Rights and Options
The City reserves the right, at the City’s sole discretion, to take any action affecting
this RFP, this RFP process, or the Services or facilities subject to this RFP that would
be in the best interests of the City, including:
2.4.1 To supplement, amend, substitute, or otherwise modify this RFP, including
the schedule, or to cancel this RFP, at any time;
2.4.2 To require any Companies to supplement or clarify its Proposal or provide
additional information relating to its Proposals;
2.4.3 To investigate the qualifications, experience, capabilities, and financial
standing of each Company submitting a Proposal;
2.4.4 To waive any defect or irregularity in any Proposal received;
2.4.5 To reject any or all Proposals;
2.4.6 To share the Proposals with City employees and contractors in addition to the
Evaluation Committee as deemed necessary by the City;
2.4.7 To award all, none, or any part of the Services and enter into Contracts with
one or more of the responding Companies deemed by the City to be in the
best interest of the City, which may be done with or without re-solicitation;
2.4.8 To discuss and negotiate with any Company(-ies) their Proposal terms and
conditions, including but not limited to financial terms; and
2.4.9 To terminate discussions and negotiations with any Company at any time and
for any reason.
2.5 Expense of Submittal Preparation
The City accepts no liability, and Companies will have no actionable claims, for
reimbursement of any costs or expenses incurred in participating in this solicitation
process. This includes expenses and costs related to Proposal submission, submission
of written questions, attendance at pre-proposal meetings or evaluation interviews,
contract negotiations, or activities required for contract execution.
2.6 Proposal Conditions
The following terms are applicable to this RFP and the Company’s Proposal.
2.6.1 RFP Not An Offer
Section 2
Introduction and General Information
RFP #269-2018-047 Rental Equipment 16
This RFP does not constitute an offer by the City. No binding contract,
obligation to negotiate, or any other obligation shall be created on the part of
the City unless the City and the Company execute a Contract. No
recommendations or conclusions from this RFP process concerning the
Company shall constitute a right (property or otherwise) under the
Constitution of the United States or under the Constitution, case law, or
statutory law of North Carolina.
2.6.2 Trade Secrets and Personal Identification Information /Confidentiality
Upon receipt at the Procurement Management Division, all materials
submitted by a Company (including the Proposal) are considered public
records except for (1) material that qualifies as “trade secret” information
under N.C. Gen. Stat. § 66-152 et seq. (“Trade Secrets”) or (2) “personal
identification information” protected by state or federal law, to include, but
not be limited to, social security numbers, bank account numbers, and
driver’s license numbers (“Personal Identification Information” or “PII”).
After the Proposal due date, the Evaluation Committee, other City staff, and
members of the general public who submit public records requests may
review the Proposal.
The public disclosure of the contents of a Proposal or other materials
submitted by a Company is governed by N.C. Gen. Stat. §§ 132 and 66-152
et seq.. If any Proposal contains Trade Secrets or PII, such Trade Secrets and
PII must be specifically and clearly identified in accordance with this Section
2.6.2.
Any Trade Secrets or PII submitted by a Company must be clearly
segregated from the rest of the Proposal. For hard copy Proposals, it must be
submitted in a separate, sealed envelope, marked either “Personal
Identification Information – Confidential” or “Trade Secret—Confidential
and Proprietary Information.” For electronic submissions it must also be
submitted on a separate CD or flash drive. In both hard copy or electronic
format, the confidentiality caption stated above must appear on each page of
the Trade Secret or PII materials.
By submitting a Proposal, each Company agrees that the City may reveal any
Trade Secret materials and PII contained therein to all City staff and City
officials involved in the selection process, and to any outside consultant or
other third parties who serve on the Evaluation Committee or who are hired
or appointed by the City to assist in the evaluation process.
Furthermore, each Company agrees to indemnify and hold harmless the City
and each of its officers, employees, and agents from all costs, damages, and
expenses incurred in connection with refusing to disclose any material that
the Company has designated as a trade secret. The City may disqualify and
Company that designates its entire Proposal as a trade secret, or any portion
thereof that clearly does not qualify under applicable law as a Trade Secret.
2.6.3 Amendments to RFP
If the City amends this RFP, addenda will be posted to the IPS and Charlotte
NC websites at www.ips.state.nc.us, and
http://charlottenc.gov/DoingBusiness/Pages/ContractOpportunities.aspx
RFP# 269-2018-047. Companies are required to acknowledge receipt of each
Section 2
Introduction and General Information
RFP #269-2018-047 Rental Equipment 17
addendum by including the Addenda Receipt Confirmation Form (Section 6,
Form 2) with their Proposals.
2.6.4 Proposal Terms Firm and Irreversible
The signed Proposal shall be considered a firm offer on the part of the
Company. The City reserves the right to negotiate price and other terms. All
Proposal elements (including all statements, claims, declarations, prices, and
specifications) shall be considered firm and irrevocable for purposes of
future Contract negotiations unless specifically waived in writing by the City.
The Company chosen for award should be prepared to have its Proposal and
any relevant correspondence incorporated into the Contract, either in part or
in its entirety, at the City's election.
2.6.5 Proposal Binding for 180 Days
Section 6, Form 3 contains a statement to the effect that the Proposal is a
firm offer for one-hundred-eighty (180) calendar day period from the date of
the opening. This statement must be signed by an individual authorized to
bind the Company. All prices quoted shall be firm and fixed for the full
Contract period. The City shall have the option to accept subject to exception
by Contract.
2.6.6 Charlotte Business INClusion Program
Pursuant to Charlotte City Council’s adoption of the Charlotte Business
INClusion (CBI) Policy, the CBI program promotes diversity, inclusion, and
local business opportunities in the City’s contracting and procurement
process for Minority, Women, and Small Business Enterprises (MWSBEs)
headquartered in the Charlotte Combined Statistical Area (CSA). The CBI
Policy is posted at: www.charlottebusinessinclusion.com.
The City is committed to promoting opportunities for maximum participation
of certified MWSBEs on City funded contracts at both the Prime and
Subcontract level. For MWSBE participation to count towards a Goal,
MWSBEs must meet both the certification and geographic requirements as
detailed throughout this solicitation and in the CBI Policy.
Companies responding to this RFQ are required to provide an MWSBE
Participation Plan (Section 6, Form 5), describing your approach and past
history with MWSBE utilization. The Participation Plan should include at a
minimum the following elements:
• Identify MWSBE vendors you propose to use on the project;
• Identify outreach efforts that will be employed by the Company to
maximize MWSBE inclusion throughout the life of the project;
• Identify specific scopes of work to be performed by MWSBEs;
• Document the overall percentage to be committed to MWSBEs; and
• Describe your approach and past history utilizing MWSBEs (include a
list of past projects and your MWSBE utilization on said projects).
• The City has established the following MWSBE Goals for all
development, planning, design, consulting, pre-construction and
construction work, and for any other work, services and products
provided on the Project:
Section 2
Introduction and General Information
RFP #269-2018-047 Rental Equipment 18
This Project has an aggregate MWSBE Goal of 10% for the City of
Charlotte usage estimated to be $800,000 annually: The total work
performed by MWSBEs in the aggregate.
You are highly encouraged to consider any and all possibilities for
MWSBE participation. A complete list of City certified SBEs and City
registered MWBEs is available at www.charlottebusinessinclusion.com.
Please note, when identifying MBEs for inclusion towards the established
MBE Goal, only HUB certified Aggregate MWSBE Goal 10%: The total
work performed by MWSBEs in the aggregate.
2.6.7 Subcontracting
The Company given contract award shall be the prime contractor and shall be
solely responsible for contractual performance. In the event of a
subcontracting relationship, the Company shall remain the prime contractor
and will assume all responsibility for the performance of the Services that are
supplied by all subcontractors. The City retains the right to approve all
subcontractors.
2.6.8 Equal Opportunity
The City has an equal opportunity purchasing policy. The City seeks to
ensure that all segments of the business community have access to supplying
the goods and Services needed by City programs. The City provides equal
opportunity for all businesses and does not discriminate against any
Companies regardless of race, color, religion, age, sex, and national origin or
disability.
2.6.9 Use of City’s Name.
No advertising, sales promotion or other materials of the Company or its
agents or representatives may identify or reference the City in any manner
absent the prior written consent of the City.
2.6.10 Withdrawal for Modification of Proposals
Companies may change or withdraw a previously-submitted Proposal at any
time prior to the Proposal due date. Only formal written requests addressed in
the same manner as the Proposal and received by the City prior to the
Proposal due date will be accepted. The request must be in a sealed envelope
that is plainly marked “Modifications to Proposal.” No oral modifications
will be allowed. If the Company complies with this Section, after the
Proposal due date, the Proposal, will be withdrawn or corrected in
accordance with the written request(s).
2.6.11 No Bribery
In submitting a response to this RFP, each Company certifies that neither it,
any of its affiliates or subcontractors, nor any employees of any of the
foregoing has bribed, or attempted to bribe, an officer or employee of the
City in connection with the Contract.
2.6.12 Exceptions to the RFP
Other than exceptions that are stated in compliance with this Section and
Section 5.1.5, each Proposal shall be deemed to agree to comply with all
terms, conditions, specifications, and requirements of this RFP including the
Sample Contract language included in Exhibit A. An “exception” is defined
as the Company’s inability or unwillingness to meet a term, condition,
Section 2
Introduction and General Information
RFP #269-2018-047 Rental Equipment 19
specification, or requirement in the manner specified in the RFP including
the Sample Contract language included as Exhibit A. All exceptions taken
must be identified and explained in writing in your Proposal and must
specifically reference the relevant section(s) of this RFP. If the Company
provides an alternate solution when taking an exception to a requirement, the
benefits of this alternative solution and impact, if any, on any part of the
remainder of the Company’s solution, must be described in detail.
2.6.13 Fair Trade Certifications
By submitting a Proposal, the Company certifies that:
The prices in its Proposal have been arrived at independently, without
consultation, communication, or agreement with anyone, as to any
matter relating to such prices for the purpose of restricting competition;
Unless otherwise required by law, the prices quoted in its Proposal
have not been knowingly disclosed by the Company and will not
knowingly be so disclosed prior to the Proposal due date; and
No attempt has been made or will be made by the Company to induce
any other person or firm to submit or not to submit a Proposal for the
purpose of restricting competition.
2.6.14 Companies’ Obligation to Fully Inform Themselves
Companies or their authorized representatives must fully inform themselves
as to all conditions, requirements, and specifications of this RFP before
submitting Proposals. Failure to do so will be at the Company’s own risk.
2.6.15 Environmentally Preferable Purchasing
The City promotes the practice of Environmentally Preferable Purchasing
(EPP) in acquiring Products or Services. Applicable EPP attributes that may
be taken into consideration as environmental criterion include the following:
Recycled content Recyclability
Post-Consumer Recycled Material Biodegradability
Companies able to supply Products or Services containing any of the
applicable environmentally preferable attributes that meet performance
requirements are encouraged to offer them in the Proposal. Companies must
provide certification of environmental standards and other environmental
claims, such as recycled content and emissions data or a formal statement
signed by a senior company official.
Section 3
Procurement Process
RFP #269-2018-047 Rental Equipment 20
3 PROCUREMENT PROCESS
This Section 3 contains information about the procurement process for this Project.
3.1 Schedule and Process
The following chart shows the schedule of events for the conduct of this RFP. The
key events and deadlines for this process are as follows, some of which are set forth
in more detail in the Sections that follow:
DATE EVENT
May 22, 2018 Issuance of RFP. The City issues this RFP.
June 1, 2018 Request for Proposals Acknowledgement. Companies that
intend to submit a Proposal shall submit the RFP
Acknowledgement Form on this date to the email or fax
number listed in Section 3.3.
June 1, 2018 Submission of Written Questions Prior to Pre-Proposal
Conference. Companies are permitted to submit written
questions, for purposes of clarifying this RFP. All
submissions must be pursuant to the instructions in Section
3.3 by 5:00 p.m.
June 6, 2018 Non-Mandatory Pre-Proposal Conference to be held at the
location indicated in Section 3.4 at 1:00 p.m.
June 8, 2018 Submission of Written Questions After the Pre-Proposal
Conference. Questions are due by 5:00 p.m.
June 26, 2018 Proposal Submission. Proposals are due by 2:00 p.m. at the
Procurement Management Division, CMGC 9th Floor.
July 24-26, 2018 Evaluation. The Evaluation Committee will assess each
Proposal and conduct evaluation activities with Companies.
September 10,
2018
Contract Award by Charlotte City Council.
January 1, 2019 Services commence. Company begins providing the Services.
3.2 Intent to Propose
Please acknowledge receipt of this RFP via facsimile by June 1, 2018 using the
Request for Proposals Acknowledgement Form located in Section 6, Form 1.
Complete the form in its entirety advising the City of your firm’s intention to submit
or not submit a Proposal. Fax or email a copy of the completed and signed form to
the number or email address listed in paragraph 3.3 below, Attention: Karen Ewing.
The City strongly encourages Companies to submit this form prior to the Pre-
Proposal conference but Companies shall not be precluded from submitting a
Proposal if they fail to submit this form.
3.3 Interpretations and Addenda
There are two (2) ways to ask questions about this RFP: (1) submit a question in
writing to the Procurement Officer at the e-mail address listed below; or (2) ask a
question at the Pre-Proposal Conference. Other than these permitted questions,
Companies should refrain from contacting City staff prior to the Proposal Due Date.
The City is not bound by any statements, representations or clarifications regarding
this RFP other than those provided in writing by the Procurement Officer.