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Home My WebLink About2024-03-26 Regular City Commission Agenda Packet AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, MARCH 26, 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 Agenda – Dania Beach City Commission Tuesday, March 26, 2024 - 7:00 PM Page 2 of 9 1. BCPS - School Board Member Daniel Foganholi - The Future of our Schools - Sponsored by Commissioner James 2. Mayor Frank C. Ortis, City of Pembroke Pines - Sponsored by Vice Mayor Lewellen 3. FCCMA Honoring Dania Beach: Celebrating 75 Years of Commission-Manager Governance - City Manager's Office 4. Stormwater Revenue Sufficiency and Discussion on Capital Funding - Finance/Raftelis Financial Consultants 5. Special Event Application - Lauren's Kid's "Walk In My Shoes" - Parks and Recreation 6. Special Event Application - Florida Mega Market - Parks and Recreation 7. Request for Proclamation Approval - National Autism Acceptance Month - Presentation to Dan Marino Foundation - April 7, 2024 - Sponsored by Commissioner Davis 8. Retroactive Approval of Proclamation - Expression of Sympathy for Deborah Simmons - Sponsored by Commissioner James 4. PROCLAMATIONS 1. Government Finance and Procurement Professionals Month- March 2024 - Finance 2. Dania Beach Improvement Committee - 60th Anniversary - Sponsored by Mayor Ryan 5. ADMINISTRATIVE REPORTS 1. City Manager 2. City Attorney 3. City Clerk - Reminders: - April 8, 2024 Budget Workshop - 4:30 p.m. - April 9, 2024 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. Agenda – Dania Beach City Commission Tuesday, March 26, 2024 - 7:00 PM Page 3 of 9 8. CONSENT AGENDA 1. Minutes: None. 2. Travel Requests: None. 3. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF FIVE FORD VEHICLES AND TWO GENERATORS FOR PARKS AND RECREATION DEPARTMENT AND STREETS, GROUNDS AND SEWER DIVISIONS IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FIFTY TWO THOUSAND FIFTY FOUR DOLLARS AND FIFTY TWO CENTS ($352,054.52) FROM BOZARD FORD AND GENSET SERVICES, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS, BY UTILIZING THE PRICING UNDER THE FLORIDA SHERIFFS ASSOCIATION (“FSA”) CONTRACT FSA23-VEL31.0 AND SOURCEWELL CONTRACT NUMBER 092222GNR; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Sevices) 4. RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY’S APPLICATION TO THE FLORIDA INLAND NAVIGATION DISTRICT IN THE AMOUNT OF SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000.00), TO PROVIDE FUNDING FOR THE GRIFFIN MARINE PARK BOAT RAMP AND DOCK REPLACEMENT PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) 5. RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A FEDERAL EMERGENCY MANAGEMENT AGENCY (“FEMA”) “SAFER” GRANT TO COVER 2023 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE PERSONNEL COSTS; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE APPLICATION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services & BSO Fire Department) 6. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, Agenda – Dania Beach City Commission Tuesday, March 26, 2024 - 7:00 PM Page 4 of 9 FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE 49th YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND THE BROWARD COUNTY HOUSING FINANCE DIVISION FOR THE DIVISION TO PROVIDE AND ADMINISTER A GRANT IN THE AMOUNT OF ONE HUNDRED SEVENTY- SEVEN THOUSAND THREE HUNDRED SEVENTY-FOUR DOLLARS ($177,374.00), AND TO AUTHORIZE THE CITY’S PUBLIC SERVICES DEPARTMENT TO PROCEED WITH THE BID ADVERTISEMENT FOR THE CDBG YEAR 49, FOR THE NORTHWEST OASIS NEIGHBORHOOD IMPROVEMENT PROGRAM PROJECT PHASE XVI; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) 9. BIDS AND REQUESTS FOR PROPOSALS 1. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE AWARD OF INVITATION TO BID (“ITB”) NO. 23-023 “BUILDING DEPARTMENT RENOVATION PROJECT” TO S3S CONSTRUCTION INC. IN AN AMOUNT NOT TO EXCEED ONE MILLION TWO HUNDRED FIFTY THOUSAND THREE HUNDRED NINETY-THREE DOLLARS ($1,250,393.00) AND TO AMEND THE BUILDING FUND AND FACILITIES MAINTENANCE FUND TOTAL BUDGET APPROPRIATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Community Development) 2. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE AWARD OF INVITATION TO BID (“ITB”) NO. 23-010, ENTITLED “REHABILITATION OF LIFT STATIONS 1,2 AND 3 (RE- BID)” PROJECT TO DAVID MANCINI AND SONS, INC., IN AN AMOUNT NOT TO EXCEED NINE MILLION SEVEN HUNDRED SEVENTY-FOUR THOUSAND FIVE HUNDRED NINETY-FIVE DOLLARS ($9,774,595.00) PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) 3. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, AUTHORIZING THE AWARD OF INVITATION TO BID NO. 23-025 “HISTORIC RESTORATION OF THE NYBERG-SWANSON HOUSE” TO PERSONS SERVICES CORP. FOR HISTORIC RESTORATION AND REPAIRS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Agenda – Dania Beach City Commission Tuesday, March 26, 2024 - 7:00 PM Page 5 of 9 Services) 10. QUASI-JUDICIAL & PUBLIC HEARING ITEMS 1. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN (SP-075-23), AND VARIANCES (VA- 090-23, VA-091-23) SUBMITTED BY ABC RENTALS, INC FOR THE PROPERTY LOCATED AT 2849 RAVENSWOOD ROAD IN THE CITY OF DANIA BEACH, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 2. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE “ABC RENTALS” PLAT (PL-086-23) SUBMITTED BY THE OWNER, ABC RENTALS, LLC FOR A PROPERTY LOCATED AT 2849 RAVENSWOOD ROAD IN THE CITY OF DANIA BEACH, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 3. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR A WAIVER (OT-001-24) FROM THE ONE THOUSAND (1,000) FOOT DISTANCE SEPARATION REQUIREMENT PERTAINING TO THE SALE OF ALCOHOLIC BEVERAGES, SUBMITTED BY THE APPLICANT, PEARL BEN YORAM AND MOR BEN YORAM OF MAVERICK LIQUORS LLC, FOR THE PROPERTY LOCATED AT 4501 STIRLING ROAD, WITHIN THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 11. FIRST READING ORDINANCES 1. ORDINANCE NO. 2024-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING ORDINANCE 2022-010 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 EIGHTEEN MILLION ONE HUNDRED THOUSAND DOLLARS ($18,100,000.00); TO NOW REFLECT AN EXPENDITURE EXCEEDING $18,100,000.00 DUE TO THE INFLATION OF SUPPLIES, Agenda – Dania Beach City Commission Tuesday, March 26, 2024 - 7:00 PM Page 6 of 9 EQUIPMENT AND SERVICES SINCE THE ORGINAL PROJECT ESTIMATE IN 2019 WHICH EXCEEDS THE MONETARY COST ESTIMATE FROM ORDINANCE 2022-010, TO FUND BID RFQ NO. 2021-024 “CONSTRUCTION MANAGEMENT AT RISK SERVICES” FOR C.W. THOMAS PARK IMPROVEMENTS; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Parks & Recreation) 2. ORDINANCE NO. 2024-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28, “LAND DEVELOPMENT REGULATIONS”, OF THE CITY CODE OF ORDINANCES, AT ARTICLE 265, “OFFSITE PARKING REQUIREMENTS”, TO CREATE SECTIONS 265-185 THROUGH 265-189 RELATING TO ELECTRIC VEHICLE CHARGING STATION REQUIREMENTS AND AS A PERMITTED USE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR 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, AUTHORIZING THE EXPENDITURE OF CITY FUNDS EXCEEDING ONE MILLION DOLLARS ($1,000,000.00), WHICH THE ACTUAL PROJECT COST WILL BE DETERMINED AT BID AWARD TO FUND THE BUILDING DEPARTMENT RENOVATION PROJECT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; 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, AUTHORIZING THE EXPENDITURE OF CITY FUNDS EXCEEDING ONE MILLION DOLLARS ($1,000,000.00), TO FUND THE HISTORIC RESTORATION OF THE NYBERG-SWANSON HOUSE PROJECT; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) 3. ORDINANCE NO. 2024-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 17, ENTITLED “OFFENSES – Agenda – Dania Beach City Commission Tuesday, March 26, 2024 - 7:00 PM Page 7 of 9 MISCELLANEOUS” IN ORDER TO AMEND THE CITY'S EXISTING PROHIBITION ON CAMPING TO ENSURE THAT THE PROHIBITION AND ENFORCEMENT MEASURES CONTAINED IN THE CODE COMPLY WITH CONSTITUTIONAL REQUIREMENTS FOR SUCH ORDINANCES AS SET FORTH BY THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT IN JOEL V. CITY OF ORLANDO, 232 F.3D 1353 (11TH CIR. 2000); AND UPDATING THE CODE VIOLATIONS RELATING TO CAMPING; REPEALING SECTIONS 17.16 “ARREST AND TRIAL,” 17.15 “VAGRANTS”, AND 17-12.1, “SAME — PROHIBITED GENERALLY”, RELATING TO LOITERING PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Vice Mayor Lewellen) 4. ORDINANCE NO. 2024-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 16, “VACATION RENTALS”, AT SECTION 16-2, ENTITLED “VACATION RENTALS”; AMENDING SECTION 105- 110, ENTITLED “PARKING AND STORAGE OF MOBILE LIVING UNITS”, AND SECTION SEC. 105-140, ENTITLED “RESTRICTIONS ON PARKING COMMERCIAL AND RECREATIONAL VEHICLES IN RESIDENTIAL AREAS” TO CLARIFY THAT MOBILE HOMES OR RECREATIONAL VEHICLES (MOBILE LIVING UNITS) CANNOT BE LEASED FOR SHORT TERM OR LONG TERM RENTALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; CODIFICATION AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Commissioner James) 5. ORDINANCE NO. 2024-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 25, ENTITLED “TRAFFIC”, AT ARTICLE III, ENTITLED “PARKING, STOPPING AND STANDING”, DIVISION 1, ENTITLED “GENERALLY”; AT SECTION 25-48, ENTITLED “ PARKING NOT TO OBSTRUCT TRAFFIC”; SECTION 25-66, ENTITLED “PARKING PROHIBITED AT CERTAIN LOCATIONS”; TO CLARIFY THAT TRAILERS, MOBILE LIVING UNITS, TRUCK OVER ONE TON IN WEIGHT, OR ANY VESSEL PARKED IMPROPERLY SHALL BE SUBJECT TO A GREATER FINE THAN A PERSONAL VEHICLE; AND RESERVING SECTION 25-79, CURRENTLY ENTITLED “FINES”; PROVIDING FOR CODIFICATION, PROVIDING FOR CODIFICATION, CONFLICTS; SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Vice Mayor Lewellen) 6. (WITHDRAWN from Second Reading) ORDINANCE NO. 2024-______ Agenda – Dania Beach City Commission Tuesday, March 26, 2024 - 7:00 PM Page 8 of 9 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 17, ENTITLED “OFFENSES – MISCELLANEOUS” IN ORDER TO SUBSTANTIALLY MODIFY SECTION 17-11, ENTITLED, “RESERVED TO PROVIDE FOR REGULATIONS RELATING TO “OBSTRUCTING OF PEDESTRIAN AND VEHICULAR TRAFFIC” IN ORDER TO PROHIBIT SAME; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Vice Mayor Lewellen) 7. ORDINANCE NO. 2024-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 16, “VACATION RENTALS”, AT SECTION 16-3. REVOCATION, SUSPENSION OR TRANSFER OF VACATION RENTAL CERTIFICATE,” TO PROVIDE AN ADDITIONAL BASIS FOR REVOCATION OR SUSPENSION, AND TO GENERALLY PROVIDE A CLEAN UP OF THE CODE OF ORDINANCES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; CODIFICATION AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Vice Mayor Lewellen) 8. ORDINANCE NO. 2024-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 2, ENTITLED “ADMINISTRATION”, ARTICLE III, ENTITLED “SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES; CODE ENFORCEMENT CITATION PROGRAM”, AT SECTION 2- 58, ENTITLED “SCHEDULE OF CODE ENFORCEMENT FINES/CIVIL PENALTIES” TO UPDATE THE SCHEDULE OF FINES; AMENDING ARTICLE IV, “CODE ENFORCEMENT”, AT SECTION 2-72, “APPLICABILITY” TO UPDATE THE LIST OF CHAPTERS ENFORCED BY THE SPECIAL MAGISTRATE; PROVIDING FOR CODIFICATION, PROVIDING FOR CODIFICATION, CONFLICTS; SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 9. ORDINANCE NO. 2024-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTERS 5, 17, 20, 21, AND 25 IN ORDER TO AMEND ALL CITATIONS REFERENCING CERTAIN MONETARY PENALTIES OR IMPRISONMENT TO REFLECT SECTION 1-8 OF THE CITY’S CODE ENTITLED “GENERAL PENALTY; CONTINUING VIOLATIONS; VIOLATION AS PUBLIC NUISANCE”; AND DELETING OBSOLETE PROVISIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) Agenda – Dania Beach City Commission Tuesday, March 26, 2024 - 7:00 PM Page 9 of 9 13. DISCUSSION AND POSSIBLE ACTION 1. Appointment of Director, Alternate and Second Alternate for Broward Leage of Cities Board of Directors 2. 158 Federal Highway - Discussion and Possible Action to Designate the Structure Historic with Broward County - Sponsored by Mayor Ryan 14. APPOINTMENTS: None. 15. COMMISSION COMMENTS 1. Commissioner Davis 2. Commissioner James 3. Commissioner Salvino 4. Vice-Mayor Lewellen 5. Mayor Ryan 16. ADJOURNMENT City of Dania Beach Parks & Recreation Memorandum DATE: 3/26/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Ashley Vlasic, Special Events Manager SUBJECT: Special Events Application Request from Lauren’s Kids, a non-profit hosting a state-wide, 1,500-mile “Walk In My Shoes” event on Sunday, April 7 from 8:00 AM – 2:00 PM. Request: Special Events Application Request from Lauren’s Kids, a non-profit hosting a state-wide, 1,500-mile “Walk In My Shoes” event during National Child Abuse and Sexual Assault Awareness Month. They plan on hosting the event on Sunday, April 7 from 8:00 AM – 2:00 PM. Background: Special Events Application Request from Lauren’s Kids, a non-profit hosting a state-wide, 1,500-mile “Walk In My Shoes” event during National Child Abuse and Sexual Assault Awareness Month. The event on Sunday, April 7 at 8:00 AM will begin at City Hall, 100 W Dania Beach Blvd. and conclude at Holiday Park, 1150 G. Harold Martin Dr. The applicant will pay for the necessary services recommended below. Department Review: Comments: BSO Fire: Fire Prevention Approved Building Official Building permits are not required City Attorney No issues Code Enforcement No issues Planning & Zoning No issues; City recommended beginning walk at City Hall HR / Risk Mgmt- COI required Parks & Recreation No issues Public Services No issues BSO Police Dept. No issues, FHP handling brief road closures Budgetary Impact The special events application fee for this event is $150. Recommendation The Parks & Recreation Department's recommendation is to approve the special event's application, starting at City Hall, 100 W Dania Beach Blvd. DANIA B£ACH SCAif UY[ fl LOt;: n CITY OF DANIA BEACH SPECIAL EVENT APPLICATION Submit a COMPLETED APPLICATION SITE PLAN AND SITE PLAN NARRATIVE by email. Please make sure all sections are completed and all pages are initialed by the applicant. Incomplete application will be returned to ap�licant. After you submit the application with your fee, you will be contacted by the Special Event Coordin�tor �o reVIew and further process your application. The Special Event Coordinator will contact you once the revtew ts complete to provide conditions or comments and the next available date for City Commission approval (ifrequired). P.\R I' I: E\"E:\T REQl EST Event Name: Lauren's Kids "Walk In My Shoes" Type of Event: Minor Event -Major Event less than 500 people, single day event, no road closures more than 500 people, consecutive multi-day event, road.closures(major event requires Commission approval) Wedding Is your event located in a public park or City property? � Y es ____ No ls your event located on the beach? � Yes ___ N_o Location: Starting point is now at City Hall, 100 W Dania Beach BlvdExpected maximum attendance 1 OO Expected sustained attendance _7_5 ____ _ Has this event been held in the past?_X __ Yes. ___ .No . . _ . . _ .If yes, please list the past dates, locations and attendance This Witt be the 10th state-wide (Ftonda) wafk,the last walk was held in 2018. Detailed Description: (Activities, Vendors, Entertainment, etc.) ]he flor;4 fl. JIIOYl•pvofit "olcf.s a.. 5�te-w;de, l1500n,i,}e-''\tJL//(1h fVl -y .5Ji 0e,5 11 �ct.LI< Jurlti..5NtJiOh.tt-l ChdJA-husel,('.J1d5exwdA��ul+ 4wclre1te.CS Monf'1 (Afr·d) fr PD£ of::f he /3rowtu""d Morni� {,µ�(J< 0 tn dudeJ. Date and Time: DATE DAY BEGIN END Attendance SETUP: April 7, 2024 Sunday 7:00 �/PM 8:00 fy.tPMEVENT DAY I: April 7, 2024 Sunday 8:00 �/PM 2:00 AM/P�EVENT DAY 2: AM/PM AM/PMEVENT DAY 3: AM/P-M AM/PM BREAKDOWN: AM/PM AM/PM lof6 Ordinance #2021-013 City of Dania Beach Parks & Recreation Memorandum DATE: 3/26/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Ashley Vlasic, Special Events Manager SUBJECT: Special Events Application Request from Florida Marketplace Group is looking to host their annual mega market in the Dania Beach Casino parking lot on April 13 from 12:00 PM – 5:00 PM. Request: Special Events Application Request from Florida Marketplace Group is looking to host their annual mega market in the Dania Beach Casino parking lot on April 13 from 12:00 PM – 5:00 PM. Background: The requested event is proposed to be held at the Casino at Dania Beach located at 301 E. Dania Beach Blvd, Dania Beach, FL. This event will be a marketplace (flea market) with up to 100 vendors selling merchandise/goods, including ten food trucks and a DJ/band for entertainment. This event will be held in the VIP parking area (SW corner) of the existing casino parking lot. The organizers will not charge admission to the event but will have food and drinks for sale, non- alcoholic. If guests would like to purchase acholic drinks, they will be able to purchase those inside of the Dania Beach Casino. The event will be required to have both BSPO Fire and Police details during the event. The applicant will pay for the necessary services recommended below. Department Review: Comments: BSO Fire: Fire Preventio n Approved with conditions Building Official Electrical permits required City Attorney No issues Code Enforcement No issues Planning & Zoning No issues, Food trucks to be 10 feet apart HR / Risk Mgmt- No response Parks & Recreation No issues Public Services No issues BSO Police Dept. No issues, BSO deputies to be scheduled Budgetary Impact The special events application fee for this event is $300.00. Recommendation The Parks & Recreation Department recommends that the City Commission approve the special events application. WHEREAS, the Florida Government Finance Officers Association (FGFOA) and the National Institute for Government Procurement (NIGP) are two professional associations that cater to finance professionals such as those employed by the City of Dania Beach; and WHEREAS, the associations are dedicated to being a significant professional resource by providing opportunities through education, networking, leadership, and information; and WHEREAS, the FGFOA and NIGP, along with their member governmental organizations, acknowledge the importance of government finance and procurement professionals and the vital services they provide to our state, cities, and communities and further recognize, support, and practice the Public Procurement Values and Guiding Principles of Accountability, Ethics, Impartiality, Professionalism, Service, and Transparency; and WHEREAS, the City Commission of the City of Dania Beach recognizes that the City Finance Department plays a critical role in public service as stewards over citizens shared financial resources and oversight of public funds expenditure, which make possible the services that are essential to the safety, livability, and vitality of the Dania Beach Community. 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 March, 2024 as Government Finance and Procurement Professionals Month in the City of Dania Beach, Florida and extend our appreciation to all government finance professionals throughout the state and here in the city of Dania Beach, for their hard work, dedication, and leadership. ATTEST: ELORA RIERA, MMC ARCHIBALD J. RYAN, IV CITY CLERK MAYOR CO P Y WHEREAS, the Dania Beach Improvement Committee (DBIC) has been beautifying Dania Beach and is celebrating its 60th anniversary this year. Founded in 1964 as a branch of the Chamber of Commerce, it was made up of twenty people who lived or did business in Dania Beach. The Committee started with five members: A. J. Ryan Sr., Frank Eby, Mrs. Marie Parker, Mrs. Will La Bree, and Mrs. Genevieve Ely, and currently has eighteen active members; and WHEREAS, the DBIC ‘s sole mission was, and remains today, to raise money to improve the art and cultural role in the community. Through the years, funds were raised for various projects including: in 1990 trash was removed from Dania Beach Boulevard as part of the “Adopt a Highway” County program, trees were bought and planted around the city and at the beach, a street clock installed at City Hall, a fountain was placed at the Nyberg-Swanson house, and benches were placed at several parks all thanks to passionate residents and supporters dedicated to keeping the small-town charm of Dania Beach shining bright; and WHEREAS, yesterday and today, the Dania Beach Improvement Committee is at work looking for ways to raise dollars for the beautification of Dania Beach while acting in the community’s best interests to create an environment which leaves residents proud and visitors impressed; and WHEREAS, the DBIC has pursued activities which create a more vibrant and enjoyable way of life in Dania Beach. These efforts have not only helped beautify the community, but also sharpened its identity and created a true sense of unity; and WHEREAS, today, the efforts of the Dania Beach Improvement Committee continue under a new generation of volunteers, making the city a better place to live, work, and play. 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 March 26, 2024 as Dania Beach Improvement Committee 60th Anniversary Day in the City of Dania Beach, Florida and do thank the Dania Beach Improvement Committee for the outstanding work they continue to do in our city and do congratulate them on their 60th anniversary. ATTEST: ELORA RIERA, MMC ARCHIBALD J. RYAN, IV CITY CLERK MAYOR CO P Y 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: March 26, 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 As requested by the commission on February 27th, we conducted research on the �meline and es�mated expenses associated with reloca�ng and restoring to historical standards the A. C. Frost house. Provided below is a schedule for hiring a contractor to relocate the house. The process of selec�ng a contractor to relocate the house, including the Request For Proposal (RFP), is expected to take approximately 49-60 days. For your reference, below is an example of an expedited �meline: - Bid authoriza�on: April 9 - Issuing RFP: April 16 (open for 30 days) - Bid Opening: May 16 - Commitee Mee�ng: May 23 - City Commission Award: May 28 Once the house has been relocated to its final and permanent loca�on, we will commence the assessment and historical restora�on phase. Please find below an es�mated outline of the steps, costs, and �meline, these are all approxima�ons. 1. Request for Qualifica�ons (RFQ) adver�sement to select the firm for assessing the house's condi�on and crea�ng the interior design: 3 months - $1,000 2. Condi�on Assessment and cost es�mate for design: Approximately 4-6 months - $35,000 3. If the City Commission decides to approve assessment and move forward with the design, it would take approximately 6 months to complete design at a cost of $95,000 4. Adver�sement for construc�on, Invita�on to Bid (ITB): 2 months 5. Opening the bids, selec�ng the contractor, obtaining City Commission approval, and awarding the contract to the contractor: 2 months minimum 6. Construc�on: Approximately 8-10 months Es�mated reloca�on cost is $225k - $250k including concrete founda�on. Es�mated historic restora�on $1 million (Nyberg historic restora�on cost is $1.2 million). The complimentary Dania After Dark Blues & BBQ event, sponsored by Memorial Health, is set to take place on Saturday, April 13th from 6:00 p.m. to 9:00 p.m. at City Hall. Attendees can look forward to the dynamic performances of three local blues bands on the main stage. There is something for attendees of all ages! Kids can enjoy the Kids Zone which will provide a range of engaging activities, including a little chef class, face painting, a gaming truck, and chef hat & apron arts & crafts, and catering to the entire family. Culinary enthusiasts can explore the Art Park Lawn, where a series of demonstrations will be held, featuring a BBQ Competition where more than 10 vendors will offer free samples for guests to vote on their favorite BBQ dish between the hours of 7:00 p.m. and 7:45 p.m. The winning dish will be announced on the main stage at 8:00 p.m. To ensure convenient access, complimentary parking, and shuttle service will be provided from Dania Beach Casino to City Hall, running continuously from 5:30 p.m. to 10:30 p.m. The success of Dania a�er Dark has resulted in the need to explore the opportunity to look into cost/ investment to expand the parking garage to include the addi�onal two levels that the structure can support. One hour into the Seafood Fes�val event at 5:00 p.m., the garage was full. We will explore partnerships as well; however, the first step will be to explore the cost so we can share a full game plan and all op�ons with you. Lucky Fish Restaurant at Ocean Park is in full construc�on mode. All approvals from all agencies including the city building permits were completed in February. Founda�on work is complete, and they started going ver�cal commencing on Monday, March 18th. I would expect them to be finished within 8-9 months. This is an approximate �me frame provided no setbacks/ unforeseen circumstances per my communica�on with Director Eleanor Norena. Ideally, we would want a TCO before the end of this calendar year. On March 25th, Director Norena and our Team will be mee�ng with the Lucky Fish Team . As we receive more details, we will keep you updated. I recently received communication from the external affairs manager for the Mars Pet Care Better Cities for Pets regarding our standing as a certified City for Pets. We are very proud of this achievement. Our certification has been extended until 2027. Just recently we hosted a community meeting to discuss the Olsen parks property and one of the elements of the design that was a hit was our dog friendly area. Additionally, last week we had our take your dog to work event, and that was a big hit. We will continue to plan and execute events and activities that ensure we are aligned with continuing to excel as a Better City for Pets!! Every year I work very closely with our Chief Human Resources Officer to ensure we align our words with actions, particularly our number one goal to recruit and retain the very best! We have raised the bar on the programs and benefits we provide our City employees including of course our elected body that make up our legislative Team. I have been part of 7 cities in 33 plus years of Public Service and no City that I have ever worked with or know of does what we do for our Team members, furthermore we always seek to improve what we do and what we can offer. The aforementioned is a true commitment to our “Culture”. Last year we created a very detailed annual report; Personalized Total Compensation Statement (you will receive your hard copy). This document will include your Cash Compensation and Benefits Summary as well as your Estimated Tax Savings and the value of your Total Compensation. I hope you are as impressed with the level of detail as I was. Kudos to our HR Team. We are ready to move forward with the next steps, with the goal to commence construction at CW Thomas Park! We suggest $23 million all in with the current GMP of $22.7 million + $300k. Our Goal with the support of our City Attorney, CFO and Director of Parks and Recreation is to further negotiate the contract we have recently received. If we get them lower great, as that provides more contingency. If we do not need to spend the contingency, then funds are returned to the City. This requires up to $1 million in additional funds from the City to preserve the project and move it forward. As I have communicated to you, time is money as all costs of goods and services continue to increase with no indication of future changes. We are seeking consensus to set aside an amount of $1 million to proceed. We may or may not need it. We will keep you updated. CITY OF DANIA BEACH HUMAN RESOURCES DEPARTMENT MEMORANDUM DATE: March 18, 2024 TO: Ana M. Garcia, ICMA-CM, City Manager VIA: Candido Sosa-Cruz, ICMA-CM, Deputy, City Manager FROM: Linda Gonzalez, SPHR, SHRM-SCP – Chief Human Resources Officer LG RE: Human Resources and Risk Management Report The following is a summary of Human Resources and Risk Management activities for the last month. Incoming Recruitment • Recreation Leader Open Recruitment • Procurement Specialist • Senior Planner Interview/Offer Process • Summer Camp Counselors (3) • Summer Camp Site Supervisor • Community Events Coordinator • Community Events Liaison • Division Manager, Athletics • Park Custodian (PT) • Recreation Assistant (OC) • Business Attraction and Investment Manager/CRA • Marketing and Communications Intern • Cemetery Assistant Background Process • Cemetery Assistant • Recreation Assistant (OC) • Administrative Technician • Human Resources Administrator • Risk Management and Talent Acquisition Specialist • Recreation Program Coordinator Page 2 of 3 Recent Hires/Status Changes • Accounting Specialist • Recreation Assistant FT (2) • Recreation Assistant On-call We continue to seek ways to attract the best candidates to the City and move as swiftly as possible to make placements as the market has remained very tight for great talent. We work closely with the hiring departments throughout the entire recruitment cycle to make sure we adhere to the Service Level Agreement (SLA) and RISE principles. Training and Development We are preparing for our next Focus group which will be held on March 21. This is an important initiative as we encourage engaged team members to provide their ideas for efficiencies that would benefit the City. This feedback is shared with the departments for implementation, when possible. Our Second Health and Safety training, hosted by Paola Rojas, our representative from UHC, is scheduled for Wednesday, March 27. There are two sessions available for our team members to attend – one at 11 am and one at 1 pm. The topic for this training is “Fundamentals of Financial Wellbeing.” Risk Management, Wellness and Safety On Tuesday, February 27, we held our 1st quarterly Safety and Wellness Committee meeting for 2024. The presenters reviewed many topics with the group, which included: • Chief Pellecer – discussed spring break holiday safety that included replacing electrical cords every 3 years and Carbon monoxide detectors. • BSO Lieutenant Cooper – discussed recent developments, challenges, and strategies undertaken by the department. There has been a surge in car thefts and the use of “old school” steering wheel locks as a deterrent for certain Hyundai model cars. Removal of registration documents from the glove compartments of the cars. • Paula Rojas, UHC Representative – presented on Heart Health. • Logan Peirce, Lead Facilities – Shared Safety guidelines and best practices including if you “See Something, Say Something.” • Monica Terrazas, Manager, IT – presented on Cyber Security, specifically phishing attacks. • Lisa Stewart – EAP Clinical Director – presented an overview on our Employee Assistance Program (EAP) Page 3 of 3 Team Member Events On February 29 we held the Biometric Screening event for all team members. This was a great opportunity for our team members to learn valuable biometric numbers (Total Cholesterol, HDL cholesterol, Blood Sugar Levels, and Blood Pressure) and get started on their health and wellness goals. We had a total of 78 team members attend, a record number for this event. On March 14, we held our third Take Your Dog to Work event in partnership with the Broward County Animal Care group in Dania Beach. This is a quarterly event, providing an opportunity for employees to bring their dogs to work, while participating with community adoption partners. This initiative not only fosters a positive work environment by allowing employees to bring their pets, but also demonstrates a broader commitment to supporting local communities and animal welfare initiatives. We are in the preparation phase for our first Take Your Kids to Work Day Event, which is scheduled for April 25. This event will be designed to give our team member’s children a meaningful experience with City. Parents and kids will participate in a scheduled group of activities. Compensation and Benefits We submitted the annual the annual PEPIE salary survey for the City. Once we receive the results we will review our compensation plan for salary competitiveness within the government sector in Florida. On March 1, Total Rewards statements were distributed to all department heads. These are individualized statements for each team member which highlight their total compensation package, which includes the City’s cost and contributions. Department heads will meet with each team member to explain their total salary and benefits statement by March 15. We finalized the Memorandum of Understanding (MOU) with the union regarding offering overtime for special events for all employees. We are currently working with the Public Services and Parks and Recreation teams to implement the process. Continuous Improvement Projects We have completed our Total Rewards and Verification of Employment implementations, and are currently working through one more project with our IT partners: • Bulk Upload of documents into Laserfiche – Completed MSA and format is being finalized with vendor. 1 CITY OF DANIA BEACH PARKS AND RECREATION DEPARTMENT MEMORANDUM DATE: March 18, 2024 TO: Ana M. Garcia, ICMA-CM, City Manager FROM: Cassi Waren, CPRP, Parks & Recreation Director SUBJECT: Parks and Recreation Updates Parks and Recreation Department Updates Project updates: • CW Thomas Park – City staff received the GMP from Burkhardt on March 12th. Parks and Recreation, Finance and Legal reviewed the GMP and sent back questions/comments on March 14th. Burkhardt is to provide their responses by end of day March 18th. Once the details of the GMP have been ironed out, it will be brought before City Commission for final approval and Burkhardt is ready to stage the site and begin demo. • IT Parker – Demolition is complete. Final permit details are being submitted March 19th and construction is set to begin the end of the week of March 18th/beginning of next week, the week of March 25th. • Mullikin Park – Kimley-Horn is in the final stages of the 75% design which is scheduled to be submitted for review on April 15th. • Mildred Jones Park – The shade structure over the north exercise equipment is complete. • Olsen Middle School – The conceptual design was approved by City Commission on February 13th. The community meeting was held on February 20th at 4pm. The school board is bringing the amended agreement before their board in March/April to match the newly approved conceptualized design. Once the amended agreement has been approved and the city commission approves of it, the design will go out for bid. • Chester Byrd Park – staff has submitted the FRDAP grant application for funding of Chester Byrd Park. • PJ Meli Park – staff are in the beginning stages of preparing the RFQ for the design services of the PJ Meli Park project. In the meantime, staff is working with the school board to amend the reciprocal use agreement to match the master plan design. The revitalized Dania After Dark Wine and Seafood Festival was a huge success selling 853 tickets to the tasting portion of the event. Attendees also enjoyed fantastic music, a variety of food vendors, arts/craft vendors, food demonstrations, a wine demonstration and children were able to be creative through painting and by becoming junior chefs making their own mini pizzas. We look forward to improving the event even more next year. Upcoming Dania After Dark events: 2 • Blues & BBQ – April 13th from 6pm – 9pm • Taste of Dania Beach – May 11th from 6pm – 9pm The Linear Park Renaming Ceremony took place on Tuesday, February 27th. Residents gathered to honor and celebrate the late William “Bill” Harris as we unveiled the new park signage that honoring the renaming of the park to William “Bill” Harris Linear Park. Saturday, March 30th will be the Annual Spring Egg Hunt at Frost Park. The event, for ages 10 and under, kicks off at 10am with the egg hunt starting promptly at 10:30am. The Marina is now under the new management of Oasis Marinas. Oasis Marinas took over March 1st and has hit the ground running. The are looking forward to hosting a welcoming party of April 11th at 5:30pm at the Marina for Marina guests and city officials. Ocean Rescue sent two guards to attend the USLA PRWC Academy in Pompano Beach. The weeklong class teaches rescue techniques and operating skills on a personnel watercraft. This class is mandatory for any lifeguard in Dania Beach who operates the Rescue PWC. The beach is starting to experience increased crowds as we encroach on Spring Break. Ocean Rescue Report: • Rescues – 2 • Medical – 3 • Law Enforcement Calls – 3 • Missing Persons – 1 • Wildlife or Domestic Rescues – 6 Recreation staff is preparing for Spring Break Camp. Registration opened and spaces quickly began to fill. Frost Park is sold out, CW Thomas Park is over 50% full and PJ Meli Park has 15 spaces open. The Teen Camp has 4 spots remaining. The Department is excited to report that in its third year of running the Rising Stars After Care program at all three sites, CW Thomas, Frost Park and PJ Meli Park is sold out. Staff are preparing for the opening of Summer Camp Registration to the public. Registration will open internally first to Rising Stars participants at the end of March and then to the general public the first weekend in April. Ongoing programs: • Rising Stars at CW Thomas Park, Frost Park and PJ Meli Park • Gracefully Aging at CW Thomas Park • FitFusion at CW Thomas Park • Hip Hop and Contemporary Dance at CW Thomas Park • Youth Basketball League at CW Thomas Park • Youth Football Skills and Drills at CW Thomas Park • Senior Bingo at PJ Meli Park • Adult Kickball at PJ Meli Aquatic Complex • YAC at PJ Meli Aquatic Complex • Youth Basketball Clinics at PJ Meli Aquatic Complex • Karate at PJ Meli Aquatic Complex • Swim Team at PJ Meli Park 3 • Waterpolo at PJ Meli Park • Tarpon Soccer at Frost Park • Kreation Station at Frost Park • Disc Golf Putting League at Frost Park Staff are evaluating the current and new programs to ensure we are offering the best programs for our community for all ages. Be on the lookout for new programming rolling out in the next couple of months. CITY OF DANIA BEACH PUBLIC SERVICES DEPARTMENT MEMORANDUM FJR/fjr \continued… DATE: March 26, 2024 TO: Ana M. Garcia, ICMA-CM, City Manager VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager FROM: Fernando J. Rodriguez, Public Services Director Dincer Akin Ozaydin, P.E., Deputy Director/City Engineer RE: PUBLIC SERVICES DEPARTMENT ACTIVITIES – February 27 through March 25, 2024 Provided below is a summary of the main PSD project activities for roughly the past eight to 10 weeks: Stormwater System Improvements – Backflow “tidal” Valves – The valves address stormwater storage structures to be impacted by “backflow” of water from water bodies such as lakes and canals. This flow of water from water bodies can severely hamper storm drainage systems by saturating them with “backflow” water. The valves help to minimize this effect. Of a total of 27 valves, 10 have been installed. The expectation is that this project will have a significant positive impact on the City’s drainage system, particularly during high tide periods. Water Treatment Plant Accelator Cleaning and Upgrades – The accelator is a key component of the water treatment process, as it mixes the chemicals with the raw water supply to start the treatment process primarily by settling out the contaminants before the filtration process. Key components of the system such as the new valves and actuators have been installed. The new gear boxes for the installation of the new motor arrived in March and will be installed and tested by early April. Stormwater Master Plan (SWMP) – Data collection by Chen Moore and Associates is in ongoing, and includes mapping drainage basins, inventory of existing structures, and the use of computer models to conduct the analysis. Two more public workshops are scheduled for April, and September and, as done for the November 2023 workshop, the information and input received will be incorporated into drainage modeling. The SWMP is expected to be substantially complete by late Fall 2024. SW 52nd Street Drainage Repair – This project is an important second phase of the SW 43rd Terrace project completed roughly three months ago. Drainage pipes, inlets, and swale regrading will be included in the work. The design is fully complete, and all required permits are in place. The bidding process should be completed in the May/June timeframe with the project’s substantial completion expected by the end of calendar 2024. PUBLIC SERVICES ACTIVITIES – February 27, 2024 through March 25, 2024 Date: March 26, 2024 FJR/fjr City Hall Exterior Improvements – This project entails the total replacement of the surface parking lot between City Hall and the parking garage with a green area bordered by a walking path which will include benches and lighting. The surface parking lot was removed and replaced with sod in January. Bids for the walkway construction, lighting and drainage phase of the project were received and evaluated, with the award to be made in early April. Estimated completion will take between 45 to 60 days, depending on availability of the light fixtures. Citywide Landscape Master Plan – The design for the Griffin Road median sections east of I95 has been recently completed and was presented to the Commission in November. Final approval by the City was provided later that month. This was followed by a final review of the plans draft by PSD staff. The procurement process has been delayed by permitting related contractual requirements from the Florida Department of Transportation (FDOT). Depending on the pending administrative steps and the timing of permit approval by FDOT, the work may start in the May – June time frame, with completion expected in October or November. Nyberg Swanson House Refurbishing Project – The bid award was presented to the Commission for approval in late March. The buildings contents were removed in the same month, and mobilization by the contractor is under way. The project, which is expected to take roughly six months to complete, is projected to be finished in the September – October timeframe. GRANTS Florida Inland Navigation District (FIND) – PSD is preparing a grant application to FIND for a Waterway’s Assistance Program grant to offset the cost of the Griffin Marine Park Boat Ramp and Dock Replacement. The City is seeking $750,000 in funding, representing 50 percent of the Project’s estimated cost. The City Commission will be asked to approve a resolution of support on the March 26, 2024 agenda. Federal Emergency Management Agency (FEMA) - Chief Pellecer announced the City’s intention to apply for a Staffing For Adequate Fire And Emergency Response (SAFER) grant. The application’s goal is to obtain funding to hire five additional firefighters/EMTs. The grant writing is a joint effort by the City and the Broward Sheriff’s Office. The City Commission will be asked to approve a resolution of support on the March 26, 2024 agenda. Community Development Block Grant (CDBG) - PSD is preparing the 50th Year CDBG application to submit to Broward County. The application will be an Oasis Neighborhood Improvement Project. A public hearing will be scheduled for the April 9, 2024 City Commission Meeting. PUBLIC SERVICES ACTIVITIES – February 27, 2024 through March 25, 2024 Date: March 26, 2024 FJR/fjr Page 3 of 3 CITY OF DANIA BEACH MARKETING AND COMMUNICATIONS DIVISION MEMORANDUM DATE: March 19, 2024 TO: Ana M. Garcia, ICMA-CM, City Manager VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager FROM: Nannette Rodriguez, Director of Marketing and Communications SUBJECT: Marketing and Communications Division Report ______________________________________________________________________________ Ongoing Communication The City’s website, social media, and digital signs/TV Channel 78 are continuously updated with relevant, new, and important information. Media support is provided to all City departments and their projects. There is a continuous effort to grow digital communications and engagement by implementing best practices. Below are the latest social media, website, and visual communications including special event activities in the month of February 2024: • Executed advertising and PR campaign for Dania After Dark Wine & Seafood Festival, which resulted in a feature in the Sun Sentinel and a featured live segment on NBC6’s South Florida Live. • Created the branding for DAD Blues & BBQ. • Developed designs for internal staff events and photographed Employee Pizza Party and Take Your Dog to Work Day. • Finalized the design for the 120th Anniversary logo and developing concepts for other 120th anniversary assets including banners. • Filmed and photographed Bill Harris Linear Park renaming ceremony. • Designed new business cards with the updated logo for Commission selection. • Huddle newsletter was distributed to staff. • Submitted Pioneer and Huddle to FMCA for award consideration. Note: Winners will be announced at the FMCA conference in May 2024. • Met with various emergency notification systems vendors. • Developed strategies for the advertising campaign for the remaining Dania After Dark events. • Analytics – o Email campaigns: 6480 subscribers, email open rate 64% o Facebook: Reach, 78K; Page visits, 3.5K; New followers, 111; Followers, 9.5K; Post engagement rate, 5.52%; Profile Reach, 78K o Instagram: Profile impressions, 18K; Reach, 37K; Page visits, 937; New Followers, 202; Followers, 5.8K; Post engagement rate, 6.92% o X: Followers, 2.7K; Post impressions, 874; Post engagement rate, 4.25% o YouTube: Page video views, 135; Subscribers, 501 o LinkedIn: Followers, 1045; New Followers, 32; Page views, 110 CITY OF DANIA BEACH BROWARD SHERIFF’S OFFICE (BSO) MEMORANDUM DATE: March 15th, 2024 TO: Ana M. Garcia, ICMA - CM, City Manager FROM: Jason Tarala, Captain/Chief - Broward Sheriff’s Office RE: Dania Beach Monthly Memo to City Manager – March 2024 Below are the monthly crime reports for part 1 crimes from 2/16/2024 to 3/13/2024: Notable Increases/Decreases When compared to the previous four weeks: • Overall, part 1 crimes decreased by 35%, down from 138 incidents to 89 incidents. • Auto thefts (vehicle, motorcycle, & other) decreased by 59%, reducing from 22 thefts to 9 thefts. • Vehicle, residential, business, and structural burglaries all decreased. Overall, about 33%. • Robberies decreased from 1 incident last period to 0 incidents this period. • Sexual battery cases increased from 1 incident last period to 2 this period. • In total, thefts decreased by 34%. All categories of thefts decreased except for theft of motor vehicle parts, which increased by 1 incident. Total Arrests • 54 arrests made by Road Patrol • 23 arrests made by the Crime Suppression Team • 8 arrests made by Criminal Investigations Notable Arrests • A traffic stop was conducted on a stolen vehicle. The driver was taken into custody without incident. The passenger bailed out of the car and ran into the neighborhood. While fleeing, he burglarized another victim’s backyard, trying to hide from BSO. When the homeowner saw the suspect, the suspect pointed a gun at him and ordered him to stay quiet. With the assistance of the victim, BSO Aviation, BSO K9, and Dania Beach Criminal Investigations & road patrol units, the suspect was discovered and arrested. • An employee with a local funeral home was arrested after submitting numerous forged utility bills to the City of Dania Beach Cemetery, to obtain a cheaper burial rate. • A suspect used a fake driver’s license and fake cashier’s check to purchase a $7000 generator. The suspect’s identity was learned, and he was arrested in Brevard County. • A Dania resident was defrauded out of $7300. Through investigative means our criminal investigations detectives identified the suspect and they were arrested and charged accordingly. 2/16/2024 – 3/13/2024 85 Proactive Enforcement Initiatives and Seizures Throughout the past four weeks, Crime Suppression Team (CST) detectives recovered 10 firearms and one stolen vehicle. In total, 23 arrests were made. A narcotics investigation was conducted on a suspect believed to be selling drugs in Dania Beach. A residential search warrant was conducted, and the following were seized: - 153g of cocaine - 23 g of psilocybin (magic mushrooms) - 7 firearms This case was adopted by the Bureau of Alcohol, Tobacco, and Firearms. CST detectives were also notified about a suspect that punched a teacher at Dania Elementary. They located her vehicle/residence, then conducted surveillance. She was eventually taken into custody and provided a full confession. CST detectives continued their collaborative efforts with BSO’s Violent Crime Unit. Various meetings were held to discuss previous shootings and potential suspects. They are continuing with there proactive approach to deter and apprehended any violent offenders within Dania Beach. They are also continuing with the block party and illegal gathering operation in the NW section. Motors/Commercial Vehicle Enforcement • Traffic enforcement remains focused along 700 of SE 3rd Ave and 5300 SW 40th Ave. • Multiple citations and warnings have been issued for both speeding and stop sign violations. • Motor units assisted road patrol with various traffic accidents, including a traffic homicide investigation. • Two speed message boards are currently activated along 3300 Griffin Rd and 5200 SW 40th Ave. • The speed trailer remains deployed on SE 5th Ave for northbound traffic. Spring Break Beach Operation We have begun our annual spring break beach operational plan to ensure a high visibility law enforcement presence on our beach and a safe environment for all our residents and visitors. We will have two deputies assigned to the beach on the weekends and one deputy on the weekdays through the end of March. As we discussed last year, we will do everything in our power to deter an incident like what occurred in the city of Hollywood the previous year on their pier. Our mobile LPR trailer will be set- up on East Dania Beach Blvd to capture all vehicles entering and leaving the beach from Dania Beach Blvd. Homeless Outreach Team • A transient population has accumulated near 4813 SW 44th Ter. A trespass affidavit has been obtained from the property owner and efforts are underway to remove the debris and encampment. • A citizen complaint was made regarding the trash along the railroad tracks near SW 4th Ave. Florida East Coast Railway was contacted. Two people were removed from the area without incident and the FEC removed the debris. • Someone assembled a tent at 3900 Griffin Rd. Trash and debris also spilled into the neighboring property at 3841 Griffin Rd (FP&L’s site). Code enforcement is working with the owners to securing the fencing and remove the debris. • Frost Park update – the overnight park checks have been successful, and the manager reported that no one has been caught sleeping in the park overnight. • Code enforcement alerted deputies to a new encampment located at 605 SW 12th Ave. The property owner has been cited. Deputies are working on obtaining a trespassing affidavit and signage so that enforcement can begin. • In total, 19 arrests were made relating to various trespassing violations. Neighborhood Support Team (NST) Follow-Up/Directives/Initiatives Summer BreakSpot – February 20, 2024 – Phone conference with Vaughn Wilson regarding site locations/activities for Summer BreakSpot locations within Dania Beach. Lighthouse Church Mentor Group – March 11, 2024 – Phone conference with Terrance McElroy regarding forming a mentorship with the youth members of Lighthouse4Students. Meetings Zoom/In Person • February 20, 2024 – Regional NST Meeting – 11:00am • February 21, 2024 – Drowning Prevention Task Force Meeting – 9:30am • February 21, 2024 – Dania Beach Woman’s Club Meeting – 12:00pm • February 22, 2024 – Gracefully Aging Meeting – 11:00am • February 26, 2024 – Annual Firearm Qualifications – 8:00am & 10:00am • February 27, 2024 – Dania Beach Health & Safety Committee Meeting – 11:00am • March 5, 2024 – Gracefully Aging Meeting – 11:00am • March 5, 2024 – Griffin Civic Association HOA – 7:00pm • March 12, 2024 – Estates of Fort Lauderdale Women’s Club – 11:00am • March 13, 2024 – Dania Beach Chamber Meeting – 11:30am BROWARD SHERIFF’S OFFICE CITY OF DANIA BEACH CALLS FOR SERVICE – 240 ZONE 2/16/2024 – 3/13/2024 THERE WERE A TOTAL OF 157 CALLS FOR SERVICE FOR 240 ZONE WITHIN THE LAST FOUR WEEKS. THERE WERE A TOTAL OF 57 NOISE COMPLAINTS FOR ALL ZONES WITHIN THE LAST FOUR WEEKS. CITY OF DANIA BEACH BROWARD SHERIFF’S OFFICE (BSO) EXTERNAL MEMORANDUM DATE: March 19, 2024 TO: Ana M. Garcia, ICMA-CM, City Manager VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager FROM: Sergio Pellecer, District Fire Chief RE: Dania Beach Memo to City Manager ____________________________________________________________________________ Please see the requested information below concerning the February 21, 2024 through March 19, 2024, of the meetings and day to day operations for the BSO Fire Rescue and Emergency Service in Dania Beach: • Daily morning BSO conference calls – Department Head direction for the day. • Daily monitoring of Fire Stations and personnel safety – Review Calls and Operations. • Coffee with the District Chief – Tabletop talk with Station 1-17 crews. • Agenda reviews team conference calls. • Agenda reviews with Commissioners. • Dania Beach Commission Meeting. • BSO Ops Conference call with District Chiefs – Daily morning operations review. • Fire Station #1 Hardening Grant –The City Team continues to work on Roof and Generator is at the plans review process, extensions for grants filed – This is still on going as of 03/19/2024. • Station 1 New Ceiling Tile replacement by City Team – This project is still ongoing as of 03/19/2024. • Fire Truck (Quint 1) our ladder truck is still being refurbished at Ten8 service center in Georgia continued monitoring. Final Inspection is schedule for April. Truck will be back in service by May 1, 2024. • Emergency Operation Center – meeting with architect, working on this project with Deputy City Manager and City team. • Working on SAFER Grant – 5 Personnel to add third person to Rescue Truck • Special Magistrate Hearing • Health and Safety Dania Beach Committee Meeting CITY OF DANIA BEACH BROWARD SHERIFF’S OFFICE (BSO) EXTERNAL MEMORANDUM • Police, Fire, Emergency Operations team meeting with BSO Emergency Management Department • Genasys Alert/Mass Notification Demo for City with N. Rodriguez • Disasters EXPO with City team – Miami Beach • City Directors meeting • ALS License Renewal • Received 2Quotes for Fire Station 1 Bay Floor Resurfacing. Will begin requisition, PO, permitting process still in process as of 03/19/2024. Vendor needed to provide COI. • New Fans for Bay area at Fire Station 1 delivered and installation will be 03/21/2024 • Firefighter Bunker Gear Lockers at Station 1 Installation scheduled for March 26, 2024 • Fire Station 17 Refrigerator Freezer Commercial Unit was be delivered and in service. • Bunker Gear Dryer at Station 1 to be delivered March 2024. • Thermal Imaging Cameras for Crews will be installed on all Fire Trucks and Rescues by March 31, 2024. • Working on quote for Fire Hose Replacement • All Fire Station 1 and 17 taking receipt of second set of Bunker Gear (firefighting gear) making Dania Beach a leader in the industry standard for personnel safety and health • Continue to prepare for ISO visit in 2024. • Preparing on taking the Delivery of New EMS Cart for Fire Rescue Details. Waiting on Graphic installation Training during this period – Fire Based Company Training, First Responder Health and Wellness, Fire Truck Pump Testing, Uniform Training all station personnel, EMS Company training, Hazardous Material Training-Primary Screener Community Outreach – Three (3) Day class on installation of car seats by our Life Safety Education Team Fire Safety for 140 Children and staff, Brauser Maimonides Academy Fire Truck and Life Safety Educators Seniors Meeting at Casino Dania Beach – Fire Crew spoke to our Seniors EMS Detail with 2 paramedics for Wine and Seafood Festival TO: FROM : DATE: SUBJECT: Ana M. Garcia, City Manager, ICMA-CM Megan Jelaso Revenue Accountant March 4, 2024 Monthly Business Tax Licensing Manager, Per your request attached hereto is the Monthly Business Tax Receipt report reflecting new businesses. CITY OF DANIA BEACH FINANCE DEPARTMENT MEMORANDUM CITY OF DANIA BEACH FINANCE DEPARTMENT MEMORANDUM TO: Ana M. Garcia, ICMA-CM, City Manager. FROM: Adam Segal, Deputy Finance Director DATE: March 15, 2024 SUBJECT: Finance Monthly Report –February 2024 Please find attached the month Finance report. Highlights of the report include the following: Revenues • Building Fund Revenues • Pier Revenue • Beach Parking Revenue • Marina Revenues • Commercial Solid Waste Hauler Franchise Fees Capital Projects • Master Capital projects Schedule to include Grants Information Technology • Online Credit Card Payments • Beach Camera Views • Website Visits by Device • Commission Meeting Views • Number of Citywide Phone Calls • Number of E-Bill Users by Month • Kiosk collections Business Tax Receipt Activity • Out of Business/Inactive • New Applications Utility Reports • Delinquency Report • Meter Replacement Reports • Aging Report Contingency and Fund Balance Estimate Building Fund Collections Building Fund - thru February 2024 2021/22 2022/23 2023/24 Monthly October 1,144,624 613,610 272,140 November 107,616 183,413 742,357 December 1,142,811 1,267,607 343,469 January 146,194 193,243 141,061 February 490,813 588,953 245,535 March 281,847 202,690 April 283,429 356,512 May 226,093 153,965 June 399,287 181,738 July 132,426 212,528 August 755,979 767,780 September 1,003,182 202,415 Total 6,114,301 4,924,453 1,744,563 2021/22 2022/23 2023/24 Cumulative October 1,144,624 613,610 272,140 November 1,252,240 797,023 1,014,498 December 2,395,051 2,064,630 1,357,967 January 2,541,246 2,257,873 1,499,028 February 3,032,058 2,846,825 1,744,563 March 3,313,906 3,049,515 April 3,597,334 3,406,027 May 3,823,427 3,559,992 June 4,222,715 3,741,730 July 4,355,140 3,954,258 August 5,111,119 4,722,038 September 6,114,301 4,924,453 Annual Goal 4,741,977 4,868,000 5,191,000 - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 Do l l a r s Monthly Building Fund Collections 2021/22 2022/23 2023/24 - 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 Do l l a r s Building Fund Collections -Cumulative Y-T-D 2021/22 2022/23 2023/24 Parking Fee Collections Beach Parking - thru February 2024 2021/22 2022/23 2023/24 Monthly October 101,582 130,026 203,967 November 75,146 95,694 155,831 December 102,321 104,713 115,640 January 91,751 164,030 161,743 February 107,375 102,648 179,664 March 145,848 209,333 April 183,397 172,853 May 210,704 197,957 June 188,603 188,603 July 224,411 219,627 August 171,951 197,119 September 134,616 151,776 Total 1,737,704 1,934,380 816,845 2021/22 2022/23 2023/24 Cumulative October 101,582 130,026 203,967 November 176,728 225,720 359,798 December 279,049 330,433 475,438 January 370,800 494,463 637,181 February 478,175 597,111 816,845 March 624,023 806,444 April 807,420 979,297 May 1,018,123 1,177,255 June 1,206,726 1,365,857 July 1,431,138 1,585,485 August 1,603,088 1,782,604 September 1,737,704 1,934,380 Annual Budget Goal 1,347,086 1,558,354 1,800,000 - 50,000 100,000 150,000 200,000 250,000 Do l l a r s Monthly Beach Parking Collections 2021/22 2022/23 2023/24 - 500,000 1,000,000 1,500,000 2,000,000 2,500,000 Do l l a r s Beach Parking Collections -Cumulative Y-T-D 2021/22 2022/23 2023/24 Pier Revenues Pier Revenues - thru February 2024 2021/22 2022/23 2023/24 Monthly October 52,575 50,313 65,652 November 45,411 43,917 49,208 December 52,271 50,942 45,928 January 45,906 58,345 52,190 February 308,830 294,357 53,041 March 59,863 73,487 April 59,852 63,945 May 55,621 60,688 June 56,858 60,003 July 66,152 71,604 August 52,975 58,871 September 50,426 60,849 Total 906,740 947,320 266,020 Balance includes true-up for the annual rent of the Quarterdeck based on the lease agreement. 2021/22 2022/23 2023/24 Cumulative October 52,575 50,313 65,652 November 97,986 94,229 114,860 December 150,257 145,171 160,789 January 196,163 203,516 212,979 February 504,993 497,873 266,020 March 564,856 571,360 April 624,708 635,305 May 680,329 695,993 June 737,187 755,996 July 803,339 827,600 August 856,314 886,471 September 906,740 947,320 Annual Budget Goal 844,816 937,301 942,488 - 50,000 100,000 150,000 200,000 250,000 300,000 350,000 Do l l a r s Monthly Pier Collections 2021/22 2022/23 2023/24 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000 1,000,000 Do l l a r s Pier Collections -Cumulative Y-T-D 2021/22 2022/23 2023/24 Marina Fee Collections Marina Fees - thru February 2024 2021/22 2022/23 2023/24 Monthly October 115,264 110,239 117,540 November 117,663 116,542 121,509 December 116,830 120,621 126,034 January 106,673 124,885 123,519 February 104,605 113,849 120,277 March 111,125 117,710 April 112,170 119,728 May 102,373 124,138 June 106,001 122,027 July 104,000 126,485 August 108,096 123,889 September 106,418 124,369 Total 1,311,218 1,444,481 608,878 2021/22 2022/23 2023/24 Cumulative October 115,264 110,239 117,540 November 232,927 226,781 239,049 December 349,758 347,402 365,082 January 456,431 472,287 488,602 February 561,036 586,135 608,878 March 672,161 703,845 April 784,330 823,574 May 886,703 947,711 June 992,704 1,069,738 July 1,096,704 1,196,223 August 1,204,800 1,320,112 September 1,311,218 1,444,481 Budget Goal 1,290,768 1,339,555 1,398,942 - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 Do l l a r s Monthly Marina Fee Collections 2021/22 2022/23 2023/24 - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 Do l l a r s Marina Fee Collections -Cumulative Y-T-D 2021/22 2022/23 2023/24 Project Name Project Number Revenue Source Original Budget Grant Award Cash Match Budget Amendments Total Budget Allocation Total Expenses & Encumbrances FY 23-24 Carryforward Amount Project Phase/ Status Anticipated Completion Date Grant Expiration Stormwater Fund SE Stormwater II PS-SW-0010 SRF Loan, Stormwater 6,159,729 - - 844,496 7,004,225 (850,593) 6,153,632 Construction Neighborhood Drainage Improvement Transportation Surtax, Stormwater 1,170,960 - - 3,000,000 4,170,960 (2,968,928) 1,202,032 Construction SW 37th Terrace Drainage Improvement PS-SW-0070 Stormwater 1,200,000 375,000 375,000 1,200,000 1,200,000 (1,097,830) 102,170 Completed 9/30/2026 SW 54th Court Drainage Improvement PS-SW-0050 Stormwater 1,200,000 350,000 350,000 1,200,000 1,200,000 (1,010,092) 189,908 Completed 9/30/2026 SW 43rd Terrace Stormwater Improvement PS-SW-0040 Transportation Surtax, Stormwater 1,568,625 1,568,625 - 508,251 2,297,467 (2,313,419) - Construction Citywide Stormwater Master Plan/CDBG Mitigation PS-SW-0080 Stormwater, CDBG-MIT - 795,000 265,000 16,535 1,076,535 (1,107,130) - Design Total Stormwater Fund Projects 11,299,314 3,088,625 990,000 6,769,282 16,949,187 (9,347,991) 7,647,743 Water Fund NW 1st Ave Water Main Stirling-City Hall N/A Water 431,730 - - - 431,730 (431,732) 0 Design Total Water Fund Projects 431,730 - - - 431,730 (431,732) 0 Sewer Fund Lift Rehabs 5,7,10 PS-SU-0010 Sewer 1,137,594 - - (9,607) 1,127,987 (1,007,274) 120,713 Construction SCADA System PS-SU-0011 Sewer 257,715 - - 13,620 271,335 (248,275) - Construction Inflow and Infiltration Mainline Repairs Project Sewer 2,041,450 - - 2,041,450 (2,041,450) - Construction HMGP Lift Stations PS-SU-0021 HMGP 1,686,442 - - 3,634,878 5,321,320 (499,800) 4,821,520 Construction Total Sewer Fund Projects 5,123,201 - - 3,638,891 8,762,092 (3,796,799) 4,942,233 Pier Fund Pier Refurbishing PS-BP-0040, PS- BP-0041 Pier, GF Loan 500,000 - - 1,818,188 2,318,188 (2,318,188) 0 Construction Total Pier Fund Projects 500,000 - - 1,818,188 2,318,188 (2,318,188) Grants Fund Solar Lighting PS-RB-0020, PS- RB-0043, PS-RB- 0044 CDBG 44, 46, 47 - 396,491 - - 396,491 (392,620) 3,871 Construction 4/30/2023 Fire Rescue - Station #1 PS-PB-0020, PS- PB-0021 HMGP, City Match - 812,850 270,150 - 1,083,000 (232,280) 850,720 Construction 7/31/2023 City Hall Wind Retrofit and Generator PS-BP-0010, PS- BP-0011 HMGP - 2,405,500 - - 2,405,500 (222,300) 2,183,200 Design CDBG 48th Year Solar Lights CDBG 177,575 24,000 - 201,575 - 177,575 9/30/2023 Total Grants Fund Projects 477,575 3,987,390 294,150 433,541 5,192,656 (1,918,617) 3,250,039 Capital Projects Fund Southeast 5th Avenue Crosswalk PS-RB-0031 Capital 200,000 - - - 200,000 (80,500) 119,500 Construction Nyberg Swanson / Women's Club PS-PB-0040, PS- PB-0041 Capital - - - 647,987 647,987 (343,339) 304,648 Construction Solar Street Lighting PS-RB-0040, PS- RB-0041, PS-RB- 0042, PS-RB-045 Capital, Bank Loan - - - 1,305,462 1,305,462 (1,216,495) 88,967 Construction Oasis XV - Capital Fund N/A Capital - - - 58,149 58,149 (11,000) 47,149 Completed Sidewalk Masterplan Tier 1 N/A Capital, ARPA, GF 400,000 - - 422,604 822,604 (822,604) 0 Construction City of Dania Beach: Master Capital Projects Summary as of 02-29-2024 Project Name Project Number Revenue Source Original Budget Grant Award Cash Match Budget Amendments Total Budget Allocation Total Expenses & Encumbrances FY 23-24 Carryforward Amount Project Phase/ Status Anticipated Completion Date Grant Expiration City of Dania Beach: Master Capital Projects Summary as of 02-29-2024 Roadway and Median Electrical N/A Capital 200,000 - - 575,000 1,475,000 (507,027) 967,973 Construction Beach Revitalization Phase II PS-BP-0050, PS- BP-0052 Capital 925,000 - - 801,798 1,726,798 (1,304,438) 422,360 Construction City Hall Restrooms PS-PB-0055 Facilities 188,654 20,500 209,154 (224,437) 212,937 Construction IT Parker Community Center Renovations ITPCC 2023 Facilities, Flood Insur. Proceeds, Fund Balance 327,068 503,603 830,671 (830,671) 0 Construction CW Thomas Park Phase I N/A Bank Loan, Capital 18,100,000 - - 265,505 18,449,977 (1,535,135) 16,914,842 Construction Total Capital Projects Fund 20,340,722 - - 4,600,608 25,725,802 (6,875,645) 19,078,376 Upcoming Projects Beachside Restroom Improvement PS-BP-0015 Capital 150,000 Planning Bus Stop Improvements PS-RB-0110 Capital 90,000 Planning Neighborhood Water Line Replacement PS-WU-0060 Water 203,000 Planning Water Plant Chemical Feed Area PS-WU-0070 Water 150,000 Planning Tiger Tail Horizontal Well/Hydraulic Modeling PS-WU-0052 Water Planning Wells G&I Rehabilitation PS-WU-0053 Water 100,000 Planning Dune Design Segment III Beach Nourishment PS-BP-0051 Capital 20,900 Design Corridor Landscape Master Plan PS-RB-0090 Capital 315,000 Design NW/SW 1st Street Water Main PS-WU-0020, PS- WU-0021 Water 500,000 Design Water Plant Accelator Cleaning PS-WU-0030 Water 100,000 Design C51 Water Supply PS-WU-0050 Water 4,600,000 Loan Approved SW 52nd Street Drainage Improvement PS-SW-0041 Stormwater 1,200,000 Resilient FL Design Fuel Facility Improvements PS-PB-0060 Capital 50,000 Construction NW 1st St Streetscape PS-RB-0070 Capital 250,000 Construction West Wing Life Safety PS-PB-0051 Capital Construction Median/Poles Electrification PS-RB-0080 Capital 500,000 Construction Tidal Valves - Stormwater System PS-SW-0100 Stormwater 250,000 On Hold FPL Service Laterals to Lights PS-BP-0023 Capital On Hold SW 34th Terrace Improvement PS-SW-0060 Stormwater 750,000 On Hold SeaTech Parking Garage PS-BP-0053 Capital 1,200,000 On Hold 10,428,900 - - - - - - Out of Business/Inactive # of BTRs Dollar Amount Snack Shack Drive Thru Inc 1 818.75$ Total Out of Business/Inactive 1 818.75$ New Approved Applications # of BTRs Dollar Amount 3349 SW 44th LLC 1 236.25$ Archer Western De Moya JV III 1 850.00$ C & M America Developers LLC 1 196.50$ Ebenezer Deliverance Temple Inc 1 -$ Global Outsourcing Provider Inc 1 131.25$ James & Karen LLC 1 63.00$ Milagros Rodriguez 1 31.50$ Nahar Pinhar 1 31.50$ New BHNV Dania 2 LLC 1 31.50$ Patrick Roseberry 1 196.50$ Rajpal, Vishal 1 63.00$ Stirling In and Out LLC 1 625.00$ Twin Harbors Property Mgmt LLC 2 63.00$ Total New Applications 14 2,519.00$ BTR Status # of BTRs Total Dollar Amount Open Renewals- Current Year 340 98,176.05$ Paid Renewals 2,843 1,001,019.74$ Total BTRs as of 02/29/2024 3,183 1,099,195.79 ** **includes license fee, fire inpsection & solid waste registration Business Tax Receipt Activity - February 2024 Description Current 1-30 31-60 61-90 90+Total #4652 - Eric L Wilson Reservation of Burial Plot .00 .00 .00 .00 2710.00 2,710.00 #5474 - Cokenya D West Reservation of Burial Plot .00 .00 .00 .00 250.00 250.00 #4179 - AJ Manuel Funeral Home Reservation of Burial Plot .00 .00 .00 .00 1680.00 1,680.00 #5736 - Sands, Carolyn Reservation of Burial Plot .00 .00 .00 .00 3000.00 3,000.00 #5756 - Rahming Poitier Funeral Home Reservation of Burial Plot .00 .00 .00 .00 6430.00 6,430.00 #5757 - Fuller Funeral Home Reservation of Burial Plot .00 .00 .00 .00 990.00 990.00 #5673 - Agape Funeral and Cremation Reservation of Burial Plot .00 .00 .00 .00 5040.00 5,040.00 #3946 - Eric S George Funeral Home Reservation of Burial Plot .00 .00 3990.00 .00 2380.00 6,370.00 #5909 - Freeman Funeral Home Reservation of Burial Plot .00 .00 .00 .00 1500.00 1,500.00 #5924- Garcia Gimeno Reservation of Burial Plot .00 .00 .00 .00 200.00 200.00 #5862 - Love and Grace Funeral Home Reservation of Burial Plot .00 .00 .00 .00 3360.00 3,360.00 #5976 - John Hanks Memorial Services Reservation of Burial Plot .00 .00 .00 .00 1500.00 1,500.00 #5925 - Anthony R. Manuel Funeral Home Reservation of Burial Plot .00 1680.00 .00 .00 600.00 2,280.00 #5907 - Poitier Family Funeral Home Reservation of Burial Plot .00 .00 .00 .00 1500.00 1,500.00 #6121 - Christine Smith Reservation of Burial Plot .00 .00 .00 .00 1500.00 1,500.00 #6071 - Bells Funeral Services Reservation of Burial Plot .00 .00 .00 .00 625.00 625.00 #5978 - Angels of Paradise Reservation of Burial Plot .00 .00 .00 .00 3990.00 3,990.00 #6153 - Jacqueline Andrews Reservation of Burial Plot .00 .00 .00 .00 630.00 630.00 #4410 - James C Boyd Funeral Home Reservation of Burial Plot .00 .00 .00 .00 3625.00 3,625.00 #4569 - Clark & Norris Funeral Home Reservation of Burial Plot .00 3625.00 .00 .00 .00 3,625.00 #6173 - Pax Villa FH Miami Reservation of Burial Plot .00 .00 3990.00 .00 .00 3,990.00 #4203 - McWhite's Funeral Home Reservation of Burial Plot .00 .00 1680.00 .00 .00 1,680.00 #6146 - A Mortuary Service Main LLC Reservation of Burial Plot .00 .00 .00 .00 3625.00 3,625.00 #4738 - Wright and Young Funeral Home Reservation of Burial Plot .00 3990.00 .00 .00 .00 3,990.00 #6174 - Collie, Ruth Reservation of Burial Plot .00 1500.00 .00 .00 .00 1,500.00 #4431 - Landmark Funeral Home Reservation of Burial Plot .00 625.00 .00 .00 .00 625.00 #6188 - New Beginnings Funeral Home Reservation of Burial Plot .00 3625.00 .00 .00 .00 3,625.00 #6070 - Elijah Bells Funeral Home Reservation of Burial Plot .00 3990.00 .00 .00 .00 3,990.00 #4786 - Dillard Josephine Reservaton of Burial Plot .00 .00 .00 .00 200.00 200.00 Cemetery Totals $0.00 $19,035.00 $9,660.00 $0.00 $45,335.00 $74,030.00 Bulk Trash Pickup 1920.00 .00 .00 .00 7004.00 8924.00 Bulk Trash Pk Up $1,920.00 $0.00 $0.00 $0.00 $7,004.00 $8,924.00 Miscellaneous FA Customers BSO & Fire False Alarms .00 .00 .00 .00 2,000.00 2,000.00 $0.00 $0.00 $0.00 $0.00 $2,000.00 $2,000.00 3065 - Keynorth Townhomes Annual Inspection FY 11 .00 .00 .00 .00 1,700.00 1,700.00 3072 - Atlantis Management Annual Inspection FY 11 & FY 12 .00 .00 .00 .00 7,800.00 7,800.00 1012 - Gulfstream Apts.Annual Inspection FY 11 & FY 12 .00 .00 .00 .00 2,800.00 2,800.00 #4466 - Meadowbrook Condo Annual Inspection FY 13 .00 .00 .00 .00 1,000.00 1,000.00 4644 - Oakbridge Townhomes Annual Inspection FY 14 .00 .00 .00 .00 4,000.00 4,000.00 Miscellaneous FI Customers Annual & Re-Inspections .00 .00 .00 .00 254,685.00 254,685.00 $0.00 $0.00 $0.00 $0.00 $271,985.00 $271,985.00 #6168 - Florida Dept. of Emergency 2023-00000004 .00 .00 .00 .00 120,104.00 120,104.00 #6168 - Florida Dept. of Emergency 2023-00000005 .00 .00 .00 .00 181,294.90 181,294.90 #6155 - Florida Division of Emergency 2023-00000001 .00 .00 .00 .00 56,319.60 56,319.60 $0.00 $0.00 $0.00 $0.00 $357,718.50 $357,718.50 #6170 - FL Dept. of Economic Opportunity 2023-00000002 .00 .00 .00 .00 395,504.79 395,504.79 #4051 - State of Florida Dept of 2023-00000003 .00 .00 .00 .00 332,500.00 332,500.00 #4051 - State of Florida Dept of 2023-00000004 .00 .00 .00 .00 375,000.00 375,000.00 $0.00 $0.00 $0.00 $0.00 $1,103,004.79 $1,103,004.79 Miscellaneous LM Customers Lake Maintenance .00 .00 .00 .00 275.36 275.36 $0.00 $0.00 $0.00 $0.00 $275.36 $275.36 #4647 - Palmetto Hospitality of Dania Water Impact Fees .00 .00 .00 .00 20,242.00 20,242.00 Misc. Customers Misc. Customers 12,500.00 16,206.24 .00 .00 55,179.43 83,885.67 $12,500.00 $16,206.24 $0.00 $0.00 $75,421.43 $104,127.67 $14,420.00 $35,241.24 $9,660.00 $0.00 $1,862,744.08 $1,922,065.32 Miscellaneous Billing Invoice Aging Report Aging Date 02/29/2024 Report By Invoice Type Fire Inspection Totals Invoice Type FA- False Alarm Invoice Type - CEM - Cemetery Invoice Type GR Federal - Grant Reimb. Federal Government False Alarm Totals Invoice Type FI - Fire Inspection Invoice Type - BULK Trash Pk Up - Notice of Violation Grand Totals Invoice Type MS - Miscellaneous Miscellaneous Totals Grant Federal Totals Grant Federal Totals Invoice Type GR State - Grant Reimb. State of Florida Invoice Type LM - Lake Maintenance Lake Maintenance Totals # of Pymts $ Value # of Pymts $ Value October 12 $26,300 November 21 $41,105 December 6 $9,330 January 19 $44,995 February 9 $26,465 March April 2023-2024 May 2024-2025 June July 5 $9,740 August 8 $19,610 Septembe 6 $12,030 FY 2023 FY 2024 4000 9000 14000 19000 24000 29000 34000 39000 44000 49000 Credit Cards-Cemetery FY 2023 $ Value FY 2024 $ Value FY 2022 # of Pymts $ Value # of Pymts $ Value # of Pymts $ Value October 112 $4,547 141 $7,334 November 46 $1,562 74 $3,333 December 36 $1,284 37 $1,503 January 23 $615 31 $1,616 February 19 $851 23 $979 March 18 $802 2022-2023 April 13 $604 2023-2024 May 0 $0 10 $267 2024-2025 June 9 $411 10 $385 July 10 $460 9 $198 August 13 $508 2 $0 Septembe 106 $4,227 115 $6,191 FY 2023 FY 2024 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 Online Credit Card Payments-Beach Parking Permits FY 2024 # of Pymts $ Value # of Pymts $ Value # of Pymts $ Value October 1,806 $581,381 1,756 $419,523 1,799 $631,937 November 1,626 $436,666 1607 $477,225 1698 $490,381 December 1,720 $563,383 1644 $575,861 1676 $453,598 January 1,851 $576,388 1580 $403,966 1814 $559,003 February 1,727 $529,750 1461 $393,924 1586 $466,879 March 1883 $624,708 1673 $524,878 2023-2024 April 1558 $415,006 1696 $514,951 2021-2022 May 1635 $502,840 1705 $482,818 2022-2023 June 1771 $486,384 1890 $677,359 July 2003 $522,805 1956 $509,105 August 1919 $591,853 1745 $44,810 September 1748 $475,765 1953 $648,891 FY 2022 FY 2023 $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 Online Credit Card Payments -Utilities FY 2024 # of Pymts $ Value # of Pymts $ Value # of Pymts $ Value October 305 $10,189 203 $9,350 293 $18,293 November 219 $10,420 126 $6,835 188 $11,802 December 218 $11,389 112 $3,952 184 $10,643 January 266 $11,741 106 $7,346 228 $13,489 February 201 $11,951 159 $12,120 215 $12,691 2020-2021 March 252 $19,322 339 $29,674 2021-2022 April 264 $48,956 229 $54,344 2022-2023 May 205 $16,068 147 $11,025 June 125 $10,999 216 $16,773 July 108 $7,008 125 $6,317 August 203 $7,805 242 $15,031 September 133 $8,115 240 $11,545 FY 2022 FY 2023 0 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 RecDesk FY 2024 $ Value FY 2022 $ Value FY 2023 $ Value FY 2024 FY2022 FY 2023 October 91,700 124,800 113,900 November 81,600 124,100 128,500 December 103,200 110,100 78,800 January 85,800 117,200 75,900 February 85,900 90,500 79,200 March 115,300 105,100 April 93,100 115,900 May 104,900 84,300 June 111,500 74,100 July 110,600 67,100 August 89,700 67,700 September 190,300 86,600 0 20000 40000 60000 80000 100000 120000 140000 160000 180000 200000 Beach Camera Views FY 2024 FY2022 FY 2023 FY 2024 FY 2022 FY 2023 October 369 357 396 November 444 201 238 December 475 369 270 January 719 323 494 February 632 366 424 March 377 531 April 473 471 May 342 505 June 331 508 July 202 321 August 403 501 September 422 499 YouTube Channel 0 100 200 300 400 500 600 700 800 Commission Meeting Views FY 2024 FY 2022 FY 2023 1st Q 2021 1st Q 2022 1st Q 2023 2nd Q 2021 2nd Q 2022 2nd Q 2023 3rd Q 2021 3rd Q 2022 3rd Q 2023 4th Q 2021 4th Q 2022 4th Q 2023 Desktop 44.7%50.2%42.5%29.1%72.5%40.5%0.0%66.4%44.1%0.0%41.6%38.8% Smartphone 53.4%44.2%55.3%36.3%25.1%57.4%0.0%32.5%54.0%0.0%56.4%47.9% Tablet 1.8%5.0%2.2%1.3%2.2%2.1%0.0%1.2%1.6%0.0%2.0%7.3% Other 0.0%0.6%0.0%0.0%0.0% Website Visit by Device Type Comparison 0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% 80.0% 1s t Q 2 0 2 1 1s t Q 2 0 2 2 1s t Q 2 0 2 3 2n d Q 2 0 2 1 2n d Q 2 0 2 2 2n d Q 2 0 2 3 3r d Q 2 0 2 1 3r d Q 2 0 2 2 3r d Q 2 0 2 3 4t h Q 2 0 2 1 4t h Q 2 0 2 2 4t h Q 2 0 2 3 Website Visit by Device Type Comparison FY 2024 FY 2022 FY 2023 October 11,286 10,868 9,789 November 10,370 9,702 9,564 December 8,932 9,193 8,197 January 10,820 9,268 9,543 February 11,612 8,875 9,338 March 10,960 10,946 April 10,499 10,851 2023-2024 May 10,274 10,489 2021-2022 June 10,791 12,351 2022-2023 July 9,164 10,843 August 10,658 11,775 September 9,667 9,897 NUMBER OF CITY-WIDE PHONECALLS 0 2000 4000 6000 8000 10000 12000 14000 Number of e-bill users by month FY 2024 FY 2022 FY2023 October 922 722 804 November 929 731 805 December 939 738 818 January 948 751 835 February 959 759 848 March 767 861 April 776 873 May 775 June 778 890 July 782 886 August 787 901 September 797 910 0 200 400 600 800 1000 1200 Incremental E-bill Accounts Number of e-bill users by month FY 2024 Number of e-bill users by month FY 2022 Number of e-bill users by month FY2023 Kiosk FY 2024 FY 2022 FY2023 October 14,452.23$ 6,940.80$ 10,067.50$ November 11,121.83$ 8,678.89$ 11,339.44$ December 11,401.43$ 7,403.30$ 12,409.30$ January 12,953.63$ 10,348.96$ 11,755.07$ February 15,069.97$ 10,992.74$ 11,856.78$ March 12,964.70$ 11,032.47$ April 10,480.52$ 7,514.64$ May 10,160.84$ 11,120.90$ June -$ 11,336.27$ 12,405.61$ July -$ 11,575.17$ 10,289.44$ August -$ 8,117.21$ 10,380.86$ Septembe -$ 7,940.87$ 11,842.84$ FY 2023 FY 2022 FY 2024 $- $2,000.00 $4,000.00 $6,000.00 $8,000.00 $10,000.00 $12,000.00 $14,000.00 $16,000.00 $18,000.00 $20,000.00 Kiosk FY 2024 FY 2022 FY2023 Annual Budget 900,000$ City of Dania Beach Commercial Solid Waste Report FY 2023-2024 Payments Received Waste Hauler Choice Waste AKA Waste Connections Waste Management All Service Refuse AKA Republic Services S & S National Waste AKA Bicon, Inc. Panzarella Waste & Recycling Services Great Waste COASTAL WASTE & RECYCLING INC Tropical Sanitation Inc General Fund 75.00 75.00 75.00 225.00 75.00 75.00 75.00 150.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 1,000.00 Monthly Activity Oct 2,506.09$ 33,232.87$ 11,277.12$ 3,777.33$ 1,165.19$ 4,666.00$ 11,433.00$ 68,057.60$ Nov 2,601.53 38,500.99 16,379.12 4,298.24 1,283.08 2,932.48 12,079.29 78,074.73 Dec 2,641.05 37,758.93 19,566.05 3,826.03 1,230.70 -9,776.60 74,799.36 Jan 2,685.42 37,936.93 11,993.95 -1,020.06 2,216.87 12,653.65 68,506.88 Feb 2,666.10 37,587.43 --1,227.76 3,091.54 -45,435.33 Mar - Apr - May - Jun - Jul - Aug - Sep - 13,100.19$ 185,017.15$ 59,216.24$ 11,901.60$ 5,926.79$ 12,906.89$ 45,942.54$ 334,873.90$ Total Mo. Franchise Annual Permit Fee Monthly Franchise Permit Application Fee Choice Waste AKA Waste Connections Waste Management All Service Refuse AKA Repucblic Services S & S National Waste AKA Bicon, Inc. Panzarella Waste & Recycling Services Great Waste COASTAL WASTE & RECYCLING INC Solid Waste Fund Oct 835.36$ 11,077.62$ 3,759.04$ 1,259.11$ 388.40$ 1,555.34$ 3,811.00$ 22,685.87$ Nov 867.18$ 12,833.66$ 5,459.71$ 1,432.75$ 427.70$ 977.49$ 4,026.43$ 26,024.92$ Dec 880.35$ 12,586.31$ 6,522.02$ 1,275.34$ 410.23$ -3,258.87$ 24,933.12$ Jan 895.14$ 12,645.65$ 3,997.99$ -340.02$ 738.95$ 4,217.88$ 22,835.63$ Feb 888.70$ 12,529.14$ --409.25$ 1,030.52$ -15,145.11$ Mar -$ Apr -$ May -$ Jun -$ Jul -$ Aug -$ Sep -$ 4,366.73$ 61,672.38$ 19,738.76$ 3,967.20$ 1,975.60$ 4,302.30$ 15,314.18$ 111,624.65$ 18,541.92$ 247,764.53$ 80,030.00$ 17,093.80$ 8,977.39$ 18,284.19$ 62,331.72$ 453,023.55$ Monthly Franchise Total Mo. Franchise Total Receipts 5 Prior Yr. 2023 2024 2023 2024 2023 2024 Oct 46,710.00 3,114.00 - 1,450.00 2,565.00 2,660.00 532.00 47 30 Nov - - - 2,540.00 2,865.00 573.00 39 35 Dec 53,717.00 6,228.00 - - 3,125.00 2,630.00 526.00 48 40 Jan 2,282.00 - - - 2,795.00 2,995.00 599.00 48 33 Feb 44,375.00 10,241.00 4,671.00 - 2,630.00 2,855.00 571.00 40 40 Mar 1,557.00 - 2,760.00 - 60 Apr 7,785.00 1,650.00 1,965.00 - 35 May 1,557.00 - 2,215.00 - 55 Jun 4,671.00 1,450.00 2,715.00 - 49 Jul - - 2,860.00 - 53 Aug 10,120.00 12,456.00 2,855.00 - 52 Sept 196,961.00 1,750.00 2,510.00 - 39 Total 369,735$ 19,583$ 21,977$ 1,450$ 31,535$ 14,005$ 2,801$ 222 521 5%# of City's 4850 account became delinquent for this period Water Impact Fee Water Tap Fee Delinquent # per Month # of Accts Water Fund Monthly Utility Account Activity MISC Building/ New Construction Activity Delinquent Account Activity New Accts >120 Past Due Monthly Billings % DELQ >120 Past Due Monthly Billings % DELQ >120 Past Due Monthly Billings % DELQ October 275,153 1,130,854$ 24%184,989 1,140,696$ 16%207,794 1,241,355$ 17% November 276,502 1,145,557 24%186,463 1,205,526 15%216,614 1,267,676 17% December 286,708 1,088,332 26%188,661 1,186,620 16%214,935 1,270,207 17% January 309,337 1,166,202 27%188,029 1,165,000 16%220,340 1,211,794 18% February 322,379 1,084,213 30%185,376 1,210,890 15%231,139 1,217,188 19% March 281,908 1,112,053 25%183,535 1,267,253 14% April 222,556 1,169,668 19%190,502 1,262,289 15% May 211,091 1,178,959 18%189,684 1,172,418 16% June 190,542 1,173,565 16%184,340 1,178,310 16% July 201,407 1,194,888 17%190,677 1,288,709 15% August 202,749 1,120,866 18%198,874 1,252,551 16% September 183,816 1,129,966 16%203,881 1,235,287 17% Annual Avg 247,012$ 1,141,260$ 22%189,584$ 1,213,796$ 16%218,164$ 1,241,644$ 18% FY 2022 FY 2023 FY 2024 >120 Past Due >120 Past Due % +/->120 Past Due % +/- October 344,685 377,040 9%388,922 3% November 346,914 383,454 10%390,867 2% December 347,964 385,515 10%397,662 3% January 349,252 385,601 9%396,459 3% February 350,890 389,237 10%395,697 2% March 361,917 391,059 7% April 363,125 390,781 7% May 365,539 392,882 7% June 376,626 394,781 5% July 371,165 397,219 7% August 372,990 396,674 6% September 375,001 387,690 3% Annual Avg 360,506$ 389,328$ 7%393,922$ 1% Active Account Graph: Billing data indicates deliquency rate on active accounts remain constant at an average of 1% of billings per month INACTIVE ACCOUNTS WATER & SEWER UTILITY AGING REPORT ACTIVE ACCOUNTS FY 2022 FY 2023 FY 2024 0% 5% 10% 15% 20% 25% 30% 35%Active Accounts >120 days FY 2022 FY 2023 FY 2024 310,000 320,000 330,000 340,000 350,000 360,000 370,000 380,000 390,000 400,000 410,000 Inactive Accounts > 120 days FY 2022 FY 2023 FY 2024 City of Dania Beach General Fund Unassigned Fund Balance - - Contingency ----- General Fund ------- Unassigned Contingency Fund Balance Balance 10/1/23 (Estimated)426,700$ 30,060,196$ (Uses) / Additions: October - (838,552) November (6,800) (1,651,835) December (11,122) - January (27,950) - February (8,483) - March - - April - - May - - June - - July - - August - - September - - Sub-Total (Uses) / Additions (54,355) (2,490,387) Sub-Total Available 372,345 27,569,809 Other Considerations GFOA/City Commission 25% Reserve (13,000,000)est. Estimate of Availability at 09/30/24 372,345$ 14,569,809$ City of Dania Beach #001-18-00-519-99-10 Contingency Account Original Budget 325,000$ Amendment 101,700 Collins playground, veterans Park and 5k Race Uses: Total Oct - Nov (6,800) DB Press $300;DBHS $4,000;BSO Toy Drive $2,500 December (11,122) $4572 5k walk; $300 DB Press; $5,000 MLK; $1,000 Winter Camp; $250 Committee of 100 January (27,950) $20k-Signage for Linear Park; $4k Prestge Club Etiquette Lunch $900 Winter Camop; $2.5k State of the Region MPO; $550 DB Press February (8,483) Lighthouse 4 Students $1500; Love our Nation $1500 MPO Ad $250;BLC Gala $5,000 ; Awards $233.22 March April May June July August September Balance Remaining 372,345$ City of Dania Beach General Fund Analysis of Fund Balance Balance 10/1/23 30,060,196 Uses: #389-90-01 October (838,552) Carryovers/ P.O's etc November (1,651,835) Purchase of 148 N Federal Highway $1,611,426 December $40,409- Surplus Carry Over for lease of modular offices January February March April May June July August September Total Uses (Sources)(2,490,387) Estimated Balance Available 09/30/24 27,569,809$ Other Considerations GFOA/City Commission 25% Reserve (13,000,000) est. Estimate of Availability at 09/30/24 14,569,809 City of Dania Beach Public Services Memorandum DATE: 3/26/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Fernando J. Rodriguez, Public Services Director Dincer A. Ozaydin, P.E., Deputy Director/City Engineer SUBJECT: APPROVAL TO PURCHASE VEHICLES AND GENERATORS UTILIZING FLORIDA SHERIFFS ASSOCIATION AND SOURCEWELL CONTRACTS Request: The Public Services Department (PSD) is requesting authorization to purchase five vehicles from awarded vendor Bozard Ford, utilizing FSA Contract FSA23-VEL31.0 and two 150kva Generators from Genset Services utilizing the Sourcewell Contract number 092222 GNR. Background: The vehicle purchases for this fiscal year are required for assignment to new positions and replace aging vehicles across several departments. The Grounds and Streets Division in PSD and the Parks Department will require additional vehicles for these positions, and other purchases are required to replace vehicles that have reached the end of their useful life. When this point is reached, vehicles become increasingly unreliable due to age and mileage. The two generators, which will be assigned to the Sewer Division, will replace two generators that are over ten (10) years old, and which have become unreliable. All purchases were approved for the current FY24 budget. Budgetary Impact PSD recommends approval to purchase five vehicles and two generators in the amount of $352,054.52, as broken down below: Department Vehicle Type Cost GL Account Parks Ford F-150 $38,728.00 506-39-03-539-64-20 Parks Bronco Sport $30,806.00 506-39-03-539-64-20 Grounds Ford F-150 $38,728.00 506-39-03-539-64-20 Grounds Ford F-150 $38,728.00 506-39-03-539-64-20 Streets Ford F-150 $38,728.00 506-39-03-539-64-20 Sewer MDG150DF4-STD3 $83,168.26 402-35-02-535-64-30 Sewer MDG150DF4-STD3 $83,168.26 402-35-02-535-64-30 Total $352,054.52 Recommendation Public Services recommends City Commission approval of a resolution for the purchase of five vehicles and two generators by utilizing awarded vendors and the pricing under the FSA Contract FSA23-VEL31.0 and Sourcewell contract number 092222GNR. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF FIVE FORD VEHICLES AND TWO GENERATORS FOR PARKS AND RECREATION DEPARTMENT AND STREETS, GROUNDS AND SEWER DIVISIONS IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FIFTY TWO THOUSAND FIFTY FOUR DOLLARS AND FIFTY TWO CENTS ($352,054.52) FROM BOZARD FORD AND GENSET SERVICES, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS, BY UTILIZING THE PRICING UNDER THE FLORIDA SHERIFFS ASSOCIATION (“FSA”) CONTRACT FSA23-VEL31.0 AND SOURCEWELL CONTRACT NUMBER 092222GNR; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection (j), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of the established monetary threshold without competitive bidding and without advertisement for bids if he/she is authorized to do so in advance by a resolution adopted by the City Commission and if such purchases are made pursuant to a competitive bid obtained within the last eighteen (18) months by other government agencies such as the federal government, state of Florida or a Florida municipality or county; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, “Monetary thresholds for certain purchases and payment disbursement authorizations”, Subsection (a), sets the monetary threshold or limitation at $50,000.00; and WHEREAS, the Public Services Department (“PSD”) has determined that vehicles and equipment needed by the City can be purchased at the least cost to the City from Bozard Ford utilizing the pricing under the FSA Contract FSA23-VEL31.0, and Genset Services utilizing pricing under the Sourcewell Contract number 092222GNR, attached as composite Exhibit “A,” copies of which are made a part of and are incorporated into this Resolution by this reference; and WHEREAS, the approved FY24 budget provides for the purchase of vehicles and equipment to support existing and new staff in Parks and Recreation and Public Services Departments, as well as replacing units that have reached the end of their useful lives. 2 RESOLUTION #2024-______ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1.That the foregoing “Whereas” clauses are ratified and confirmed as being true and correct and they are made a specific part of and incorporated into this Resolution by this reference. Section 2.That City Commission authorizes the purchase of (5) five Ford vehicles for Parks and Recreation Department and Public Services Department by utilizing the pricing under the FSA Contract FSA23-VEL31.0 valid through September 30, 2024 and (2)two generators for the Sewer Division utilizing the pricing under the Sourcewell Contract #092222GNR. Section 3. That funding for this purchase is available and appropriated in the FY 24 budget from the following sources: Section 4.That the City Commission authorized the purchase of vehicles from Bachrodt FT (dba Palmetto Ford as stipulated above, authorizes the proper City officials to execute such documents as are necessary for the purchase of such vehicles. Section 5.That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6.That this Resolution shall be effective 10 days after passage. SPACE INTENTIONALLY LEFT BLANK Position/Department Vehicle Type Procurement cost GL Account Parks Ford F-150 $38,728.00 506-39-03-539-64-20 Parks Bronco Sport $30,806.00 506-39-03-539-64-20 Grounds Ford F-150 $38,728.00 506-39-03-539-64-20 Grounds Ford F-150 $38,728.00 506-39-03-539-64-20 Streets Ford F-150 $38,728.00 506-39-03-539-64-20 Sewer MDG150DF4- STD3 $83,168.26 402-35-02-535-64-30 Sewer MDG150DF4- STD3 $83,168.26 402-35-02-535-64-30 Total $352,054.52 3 RESOLUTION #2024-______ 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 Notice of Final Award FSA23-VEL31.0: Pursuit, Administrative, & Other Vehicles Date: October 1, 2023 To: Bidders and Purchasers From: Hugh Oliver, Cooperative Purchasing Program Manger Re: Notice of Final Award for FSA23-VEL31.0: Pursuit, Administrative, & Other Vehicles Florida Sheriffs Association (FSA) has completed its 31st year of the cooperative purchasing pursuit, administrative, and other vehicles contract. FSA is issuing the Notice of Final Award for contract FSA23- VEL31.0: Pursuit, Administrative, & Other Vehicles that will be effective from October 1, 2023, through September 30, 2024. This year’s bid included 216 items. The contract will offer pursuit rated vehicles, administrative sedans, pickup trucks, electric vehicles, cargo and passenger vans, electric bikes, motorcycles, and other light and midsize vehicles. The competitive process for this award began in May 2023, when stakeholders were surveyed regarding procurement needs. Items were added based on survey results and the Fleet Advisory Committee’s review of products. An advertisement for the Invitation to Bid was published in the Florida Administrative Weekly, as well as the State of Florida’s Office of Supplier Diversity and the FSA websites. On May 5, 2023, a direct notification was sent to 716 prospective bidders to participate in a voluntary bidder workshop. The ITB advertisement resulted in 51 pre-bid attendees or waivers. Of these respondents, 22 submitted bids and 19 qualified. FSA has identified intended awardees in the attached Final Award Report. The Final Award Report shows up to three lowest bidders per item, per zone. The Florida Sheriffs Association Cooperative Purchasing Program has followed the Contract Terms and Conditions for this procurement. Bidders that become awarded vendors are governed by their manufacturer agreements and the Contract Terms and Conditions. Contract pricing will be extended and guaranteed to the Florida Sheriffs Association, any unit of local government, political subdivision or agency of the State of Florida, or to other entities approved by manufacturers to buy from this contract, which can include out-of-state sales. Vendors that wish to extend contract pricing to entities other than those defined here are governed by their manufacturer’s agreement. All purchasers are bound by state law, local ordinances, rules, and regulations for purchases made under this contract. Generac #092222-GNR Pricing for contract #092222-GNR is provided to Sourcewell participating agencies at a percentage range off list prices, depending on product line. There are also quantity discounts that can be offered on a case-by-case basis. Job Name:Dania Beach Public Service Prepared For:City of Dania Beach Contact:Yamil Lobo Project Rep:William Gonzalez Phone:954-956-9252 Email:wgonzalez@gensetservices.com We are pleased to offer the following proposal: Reference: Dania Beach Public Services We are pleased to offer the following quote for the above project: Quantity 2 - MDG150DF4-STD3: Trailer Mounted Diesel Genset, 150KVA, 240V single phase, 480V three phase, John Deere Tier IV engine Quantity 1 - Transport to jobsite Total investment for the above equipment (Not including any applicable tax or freight): $166,336.52 Revision No. 1: 11/29/2023, Proposal based on "Sourcewell" pricing contract No. 092222 GNR Total investments for the above equipment (not including any taxes):$ 166,336.52 Terms and Conditions: 30% deposit with order, balance before shipping. Other payment terms need to be approved by the credit department before a purchase order is accepted. Payment obligations are not dependent or contingent upon the manner in which purchaser may receive. In the event of significant delay or price increase of material occurring during the performance of the contract through no fault of Genset, the contract sum, time of performance, and contract requirements shall be equitably adjusted by change order in accordance with the procedures of the contract documents. Estimated Delivery:20 to 24 (Subject to change) FOB:Jobsite installation and offloading by others unless included in the above BOM Quoted Per:Customer Request No Drawings / Electrical Riser Not Provided Proposal#: 46783 Proposal Date: 11/14/2023 Valid Until: 12/14/2023 Revision : 1 3100 Gateway Drive - Pompano Beach, FL 33069 - Phone: (954) 956-9252 - Fax: (954) 968-6110 578 Cooper Oaks Court - Apopka, FL 32703 – Phone: 407-532-0414 – Fax: 407-532-0415 www.gensetservices.com 1 of 4 Exceptions to the specifications: Proposal no. 46783 Based on "Sourcewell Pricing" Contract No. 092222 GNR Proposal#: 46783 Proposal Date: 11/14/2023 Valid Until: 12/14/2023 Revision : 1 3100 Gateway Drive - Pompano Beach, FL 33069 - Phone: (954) 956-9252 - Fax: (954) 968-6110 578 Cooper Oaks Court - Apopka, FL 32703 – Phone: 407-532-0414 – Fax: 407-532-0415 www.gensetservices.com 2 of 4 Free Text Free Text 1652884791563_s_0 Hold for Release 1652884791563_s_1 Release to Manufacturer Customer Authorization: (by signing below, I acknowledge that I have read and accept the Genset terms and conditions that follow). Signature: 1649791066109_s_ph Print Name: 1657746476411_s_ph Title: 1649791072875_s_ph Date: 1649791076114_s_ph P.O.#: 1649791078790_s_ph Project Status 1652884791563_s_ph Proposal#: 46783 Proposal Date: 11/14/2023 Valid Until: 12/14/2023 Revision : 1 3100 Gateway Drive - Pompano Beach, FL 33069 - Phone: (954) 956-9252 - Fax: (954) 968-6110 578 Cooper Oaks Court - Apopka, FL 32703 – Phone: 407-532-0414 – Fax: 407-532-0415 www.gensetservices.com 3 of 4 GENSET SERVICES SERVICE TERMS & CONDITIONS 1. Agreement and Order. The terms and conditions set forth below (the Terms and Conditions) and on Gensets proposal, quotation or order form attached hereto (collectively referred to as the "Proposal" and together with these Terms and Conditions, the Agreement) constitute the complete and exclusive statement of the terms of this transaction by and between Genset Services, Inc. (Genset) and the customer identified on the Proposal (the Customer) for the performance of the services specifically set forth on the Proposal (the Services). To the extent that the terms contained on the Proposal differ from the terms contained in these Terms and Conditions, the terms of the Proposal shall govern to the extent of such differences provided that Genset has executed the version of the Proposal containing such terms following the addition or inclusion of such terms. Genset shall have no obligation to perform other services not described on the Proposal, but Genset may provide other Services at Customers request, as and when needed pursuant to the Agreement. Any additional Services performed shall be subject to these Terms and Conditions 2. Parts. Genset shall furnish parts as necessary at Gensets then current scheduled price or on an exchange basis, regardless of when installed, and such parts shall either be new or equivalent to new in performance when used in Customers equipment. 3. Modification of Terms. No terms contained on any purchase order, service order, contract or other document prepared by or submitted to Genset by Customer or its agents, including modification of the terms contained on the Proposal and in these Terms and Conditions, shall be effective or bind Genset unless Genset agrees to such terms or requirements by executing and returning to Customer such purchase order, agreement or other document. Failure by Genset to respond in writing to Customer upon receipt of Genset of a purchase order or other agreement by Customer shall not be a waiver of the requirement that Genset agree in writing to any terms contained in a purchase order or other contract. All representations, promises, warranties or statements by any agent or employee of Genset that differ in any way from the Proposal as prepared by Genset or the Terms and Conditions in the Agreement shall be of no force or effect. No course of prior dealings between the parties and no usage of the trade shall be relevant to this transaction. Prices quoted on the Proposal are good for a period of thirty (30) days from the date of the Proposal, provided that prior to the execution of the Proposal by Customer and acceptance by Genset, prices are subject to change without notice. 4. Charges. Charges for the Services described on the Proposal are described thereon. Charges for on-call, unscheduled or additional Services requested by Customer, but not described on the reverse, shall be at the rates then published by Genset in writing. Customer shall be responsible for any parts and shipping charges for such parts ordered by Genset in order to perform the Services 5. Taxes. Quoted prices do not include any applicable sales, use, transfer, excise or other taxes, tariffs or custom duties unless required by federal, state or local law, in which case, the quoted price shall include only such items of sales, use, transfer, excise or other taxes, tariffs or custom duties as are required by federal, state or local law. Customer will pay directly or to Genset any such taxes, tariffs or duties levied upon the sale, transfer, import, or service or necessary components thereof unless Customer provides Genset with a valid tax exemption certificate. Genset shall provide Customer with any tax payment certificate upon request and after acceptance of the Services being provided hereunder and full payment to Genset. 6. Time of Performance. If performance of the Services is delayed through no fault of Genset, then the time for performance of the work shall be extended to the extent of such delay. Genset shall not be liable for any delays in performance directly or indirectly resulting from acts of Customer, its agents, employees, or subcontractors, or any other causes beyond the control of Genset. If any necessary components of the Services become unavailable, then Genset shall be released from any obligation to provide the specified materials which are unavailable and Customer agrees to pay Genset for any difference between the cost of the unavailable materials or equipment and the cost of any reasonably available substitute. The estimated date of performance indicated on the Proposal is subject to delay due to availability of necessary components, and Genset shall not be liable for any such delay. 7. Payment. Upon Customers execution and return of the Proposal, Customer must provide a deposit in the amount of 30% of the service fee contained in the Proposal unless some other amount is set forth on the Proposal. Unless otherwise set forth on the Proposal, the entire service fee, plus all applicable sales tax and other charges contained on the Proposal must be tendered by Customer to Genset within 2 days following notification by Genset to Customer that the Services are ready to be performed. In any case full and final payment must be made by Customer and received by Genset no later than two days prior to Genset performing the Services, and Genset shall have no obligation to perform the Services prior to receiving full and final payment. Customer is responsible for the payment of all registration fees, use tax or similar assessments and taxes which may be imposed upon the service or the sale, possession or use of any necessary parts or components. Customer hereby grants Genset a security interest in Customers generator and any parts installed by Genset until such time as Genset is actually paid in full, and Customer will assist Genset in any action necessary to perfect Gensets security interest, provided that Genset may prepare, file and record a UCC financing statement to evidence the security interest with no further notice to or consent by Customer. No parts or components furnished by Genset shall become a fixture by reason of being attached to real estate until payment in full has been received and acknowledged by Genset. Customer shall not be entitled to set-off any amounts due from Customer against any amount due to Genset in connection with this transaction. 8. Warranty; Limitation. (a) CUSTOMER ACKNOWLEDGES THAT THE ONLY WARRANTIES WITH RESPECT TO THE SERVICES ARE ANY APPLICABLE WARRANTIES OFFERED BY THE MANUFACTURER OF ANY NECESSARY PART OR COMPONENT THEREOF AND THAT GENSET MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, NOR DOES IT WARRANT THE MERCHANTABILITY OF THE COMPONENTS OR THAT THE COMPONENTS ARE FIT FOR A PARTICULAR PURPOSE. PARTS AND COMPONENTS ARE SOLD AND SERVICES PROVIDED BY GENSET TO PURCHASER AS IS WHERE IS AND WITH ALL FAULTS. (b) CUSTOMER ACKNOWLEDGES THAT IT HAS DECIDED TO CONTRACT FOR SERVICES BASED ON ITS OWN ASSESSMENT OF ITS NEEDS. CUSTOMER ACKNOWLEDGES AND AGREES THAT GENSET HAS NOT MADE ANY STATEMENTS OF FACT CONCERNING THE SERVICES, AND CUSTOMER HAS NOT RELIED UPON ANY STATEMENT BY GENSET IN DECIDING TO CONTRACT FOR THE SERVICES. (c) CUSTOMER IS SOLELY RESPONSIBLE FOR FOLLOWING ALL MANUFACTURER REQUIREMENTS WITH RESPECT TO THE EQUIPMENT ON WHICH THE SERVICES ARE PERFORMED. (d) Customer further agrees that in no event shall Genset's liability to Customer for damages of any nature exceed the amounts actually paid by Customer to Genset for the Services. 9. Access to Equipment; Performance of Services; Customer Obligations. (a) Genset's maintenance personnel shall have free access to the Customers Equipment for the purpose of providing Services. (b) During any Services provided pursuant to this Agreement as to the System, whether an interruption in electrical service is contemplated by Customer or Genset or not, as a matter of allocating between Customer and Genset the risks associated with an interruption in electrical services and/or taking the Customers equipment off line, Customer agrees to use its best efforts to fully and completely secure all or any part of any facility in which the equipment is located, as the case may be, for any and all safety issues that an electrical service interruption might give rise to, including but not limited to injury to building occupants, customers, invitees, or any third party and/or property damage, or work interruption, arising out of any event of repairs performed by Genset as to the equipment. Customer agrees with Genset that securing of the premises in order for Genset to perform its Services is a material and critical element of this Agreement and, prior to the -performance of any Services under this Agreement, Customer will receive and execute with Genset a written Notification and Acknowledgement of Inspection and Warning (Notification) related to the Services provided herein. The Notification shall include Genset's estimate as to when interruption of electrical services may occur during the performance of its obligations under this Agreement. Customer further agrees that Genset shall have no liability to Customer or any third party for any estimate given in connection with potential interruptions in electrical services during the performance of Genset's obligations herein, it being acknowledged by Customer that Genset's Services are often affected by acts of third parties and/or components or elements of the System that do not allow for more specific and accurate estimates as to when an electrical service interruption may occur. 10. Damages. CUSTOMER AGREES THAT GENSET SHALL NOT BE LIABLE BEYOND THE REMEDIES EXPRESSLY SET FORTH HEREIN. GENSET SHALL NOT BE RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING IN ANY MANNER FROM THE GOODS, EQUIPMENT OR MATERIALS FURNISHED OR THE WORK PERFORMED PURSUANT TO THE AGREEMENT, WHETHER BASED ON BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, OR FOR THE LOSS OF PROFITS, REVENUES, OR OTHER LOSSES ARISING OUT OF ANY DEFAULT UNDER THIS AGREEMENT, EVEN IF GENSET SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. THE PRICE OF THE GOODS AND SERVICES PURCHASED BY CUSTOMER IS CONSIDERATION FOR LIMITING GENSETS LIABILITY. GENSETS LIABILITY FOR ANY CLAIM ASSERTED BY CUSTOMER, WHETHER BASED ON A THEORY OF CONTRACT OR TORT, SHALL NOT EXCEED THE CONTRACT PRICE OF THE SERVICES HEREUNDER. NO ACTION OR SUIT TO ENFORCE RIGHTS OR REMEDIES ARISING FROM THIS TRANSACTION SHALL BE COMMENCED LATER THAN ONE YEAR FROM THE DATE OF GENSETS LAST FURNISHING SERVICES UNDER THIS AGREEMENT. 11. Cancellation. Service Orders cannot be cancelled or after Customer signs and returns a Proposal which is accepted by Genset, except with Gensets written consent and subject to conditions then agreed upon which shall indemnify Genset against liability and expense incurred and commitments made by Genset. No materials or products provided in conjunction with the Services may be returned. 12. Indemnity. Customer represents and warrants that is fully insured for any and all potential damages arising out of or in connection with the Services performed by or to be performed by Genset hereunder. Customer shall defend, indemnify and hold harmless Genset and its officers, directors, employees, agents, owners and affiliates, from and against any and all damages, costs, liability, and expense whatsoever (including attorneys' fees and related disbursements) incurred in whole or in part, directly or indirectly, by reason of: (a) any failure by Customer to perform any covenant or agreement of Customer set forth herein or the breach of any representations or warranties set forth herein; (b) death or bodily injury or loss of or damage to property which arising out of or in connection with the Services provided and any goods, parts or components provided; or (c) any acts of Customer or Customer's personnel; or (d) the unloading, installation, operation, storage or use by Customer of any goods provided by Genset or any other party or subsequent owner. The foregoing obligation shall survive the termination or expiration of this Contract. 13. Miscellaneous. In addition to the other terms and conditions, Customer and Genset further agree that the following shall also govern this Agreement: (a) Waivers. The failure or delay of any party at any time to require performance by another party of any provision of this Agreement, even if known, shall not affect the right of such party to require performance of that provision or to exercise any right, power or remedy under this Agreement. Any waiver by any party of any breach of any provision of this Agreement should not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to or demand on any party in any circumstance shall, of itself, entitle such party to any other or further notice or demand in similar or other circumstances. (b) Governing Law; Construction. This Agreement is being delivered and performed in the State of Florida and shall be construed in accordance with, and governed by, the law of the State of Florida. Venue of any action related to this Agreement shall be placed in the courts of Broward County, Florida, exclusively. This Agreement, together with any other documents executed in conjunction with or pursuant to this Agreement shall not be construed against either Customer or Genset, regardless of which party drafted the Agreement. It is intended that this Agreement is the product of informed negotiations between both parties with full knowledge of the meaning of the terms and conditions hereto. (c) Enforcement. In connection with any action arising out of this Agreement, or in any way relating to the transactions contemplated hereby, the prevailing party in such action shall be entitled to recover from the non-prevailing party all court costs and expenses of litigation, including attorneys fees, court costs, costs of investigation, accounting and other costs reasonably related to the litigation, including, without limitation, all attorneys fees and costs subsequent to entry of any judgment on behalf of the prevailing party, on appeal; in connection with any bankruptcy proceedings, or in any alternative dispute resolution proceedings. THE PARTIES TO THIS AGREEMENT HEREBY WAIVE, WITHOUT EXCEPTION, ANY RIGHT TO JURY TRIAL RELATED TO ANY ISSUE OR MATTER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. (d) Successors and Assigns. All of the terms and conditions of this Agreement, and the -rights and obligations of the parties hereunder, shall be binding upon and shall inure to the benefit of the respective heirs, personal representatives, and permitted successors and assigns of the parties hereto. This Agreement does not confer upon or give to any person other than the parties any rights or benefits hereunder. (e) Entire Agreement. This Agreement, any Agreements referenced herein and exhibits attached hereto constitute the entire Agreement and understanding of the parties with respect to the transactions contemplated hereby as an exclusive statement and incorporate and supercede all prior and contemporaneous negotiations, agreements and understandings related to the subject matter hereof. This Agreement, referenced Agreements, and exhibits may not be amended, terminated or otherwise modified, except by a written instrument executed by all of the parties to be bound thereby. (f) Notice. Subject to written notice of change of address, any notice, request, instruction, or other document to be given under this Agreement by any party to any other party shall be in writing, signed by or on behalf of the party giving notice, and shall be deemed to have been given on the earlier to occur of: (1) the date of actual performance; or (2) five (5) days after the date on which such notice is mailed by United States Mail, postage prepaid to each party at the addresses listed below; or (3) the date of electronic facsimile transmission that is verified by the issuance of a successful facsimile transmission report at the facsimile telephone number for the receiving party, which is currently on file with the sending party; or (4) the business day following the day on which such notice is sent by any next day or overnight delivery service to each party at the address listed below. If to Customer: To the address and contact person identified on the Proposal. If to Genset: Genset Services, Inc., 3100 Gateway Drive, Pompano Beach, FL 33069 Genset shall not be in default of any of its obligations hereunder unless Customer provides Genset with seven (7) days written notice of default and specifying the action required to cure the default and Genset fails to cure such default. Terms and Conditions Proposal#: 46783 Proposal Date: 11/14/2023 Valid Until: 12/14/2023 Revision : 1 3100 Gateway Drive - Pompano Beach, FL 33069 - Phone: (954) 956-9252 - Fax: (954) 968-6110 578 Cooper Oaks Court - Apopka, FL 32703 – Phone: 407-532-0414 – Fax: 407-532-0415 www.gensetservices.com 4 of 4 City of Dania Beach Public Services Memorandum DATE: 3/26/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Fernando J. Rodriguez, Public Services Director Dincer A. OZaydin, P.E., Deputy Director/City Engineer SUBJECT: APPROVAL OF FLORIDA INLAND NAVIGATION DISTRICT APPLICATION FOR THE “GRIFFIN MARINE BOAT RAMP AND DOCK REPLACEMENT” PROJECT Request: The Public Services Department (PSD) requests approval of a Florida Inland Navigation District (FIND) application for a grant in the amount of $750,000 for the “Griffin Marine Park Boat Ramp and Dock Replacement” Project. Background: The boat ramp's pitch and surface friction properties at Griffin Marine Park have been identified as the cause of several incidents where boat launching vehicles have slid down the ramp and into the canal. Despite frequent and regular maintenance of the boat ramp, its surface has reached a point where insufficient ramp friction results in cases of vehicle slippage. The floating docks are over 20 years old and require replacement. It was, therefore, decided that the ramp be rebuilt with a safe and proper surface for boaters and replace the docks. FIND funds local projects that promote boating activities on the Intracoastal Waterway. The FIND rules require grant recipients to provide a 50% cash match for the project. Craven Thompson and Associates, the project's design engineer, estimated the ramp replacement and new floating docks cost to be $1,500,000. FIND requires a resolution authorizing the application from the municipality. Budgetary Impact The City’s Five (5)-Year Capital Investment Plan includes funding in the amount of $500,000 for the “Griffin Marine Park Boat Ramp and Dock Replacement” Project. If approved, the FIND grant provides up to $750,000 in funding. Recommendation PSD recommends authorizing the approval of the FIND application for funding the “Griffin Marine Park Boat Ramp and Dock Replacement” Project. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY’S APPLICATION TO THE FLORIDA INLAND NAVIGATION DISTRICT IN THE AMOUNT OF SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000.00), TO PROVIDE FUNDING FOR THE GRIFFIN MARINE PARK BOAT RAMP AND DOCK REPLACEMENT PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach is interested in carrying out the Griffin Marine Park Boat Ramp and Dock Replacement Project for the safe use and enjoyment of a public boat ramp for the citizenry of the City of Dania Beach and the state of Florida, for a total cost estimate of $1,500,000.00, which project is to redesign and replace existing boat ramp with ramp with a less steep entrance slope; replace the floating docks; and WHEREAS, the City of Dania Beach shall make application to the Florida Inland Navigation District in the amount of $750,000.00 which is half of the actual cost of the project in behalf of the City of Dania Beach; and WHEREAS, the City Commission seeks financial assistance is requested for the program mentioned above from the Florida Inland Navigation District Grant Program. 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 Florida Inland Navigation District (“FIND”) Grant Program Grant application is approved, and the proper City officials are authorized to execute and submit the application. Section 3. That the City will accept the terms and conditions set forth in FIND Rule 66B-2 F.A.C. and which will be a part of the project agreement for any assistance awarded under the attached application. Section 4. That the City it is in complete accord with the attached application, incorporated into this Resolution as Exhibit “A”, and that it will carry out the program in the manner described in the application and any plans and specifications attached hereto unless prior approval for any change has been received from the District. 2 RESOLUTION #2024-______ Section 5. That the City will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this application and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, Pl. 88-352 (1964) in design and construct all facilities to comply fully with statutes relating to accessibility by persons with disabilities as well as other federal, state and local laws rules and requirements. Section 6. That the City will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. Section 7. That the City has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of the City of Dania Beach for public use. Section 8.That the City will make available to FIND if requested a post audit of expenses incurred on the project prior to or in conjunction with request for the final10% of the funding agreed to by FIND. Section 9. That the City Manager and City Attorney are authorized to make minor revisions to the application as may be deemed necessary and proper for the best interests of the City. Section 10.That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 11.That this Resolution shall be 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 ____ ____ 3 RESOLUTION #2024-______ ATTEST: ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY WATERWAYS ASSISTANCE PROGRAMAPPLICATION PACKAGE Part 2. Attachment E FY 2024-2025 WATERWAYS ASSISTANCE PROGRAM APPLICATION PACKAGE Part 2. Attachment E The following attachment E-1 through E-8, in addition to the requirements of items 10 through 13 of the application checklist, constitute your formal application. SUBMIT THE APPLICATION INFORMATION IN THE ORDER LISTED ON THE CHECKLIST. Applications must be received by the District by 4:30 p.m. on April 1, 2024. SUBMIT THE ENTIRE APPLICATION TO: Electronic submission via email to: CKelley@aicw.org (pdf file size 15MB or less and permits should be sent in separate emails to reduce file size) Application must be received by the deadline, no exceptions. Attachment E - Applicant Tips Sheet (Mistakes Common to the application process and how to avoid them) SCHEDULING The new application is available by January each year, and District funding is available AFTER October 1st of each year. Applicants should plan their schedule to avoid commonly missed deadlines: Application due – 1st of April; Property control/Technical sufficiency items – 15th of May, Permits – 16th of September. (Staff suggestion: Begin to secure property control and permits PRIOR to applying for funding.) PROPERTY CONTROL VERIFICATION Please have your attorney complete and sign the form in the application verifying applicant property control. In the case of leases or management agreements, please forward a copy to the District well in advance of the deadline to verify consistency with our program rules. (Staff suggestion: Resolve this requirement outside the application “window”.) PROJECT COSTS ELIGIBILITY Please note the eligible project costs in Rule Section 66B-2.008, F.A.C. If you are not sure about an item’s eligibility, ask! Note: Any ineligible cost, including in-house project management and administration, is also not eligible for an applicant’s match. Make sure you have delineated your required minimum cost-share on the project cost estimate. (Staff suggestion: If you have questions about the eligibility of an item, work up a mock cost-sheet and send it to our office well before the deadline.) COST-SHARE Although the applicant must provide a minimum of 50% of the total project costs (25% for eligible public navigation dredging), there is no specific requirement to split each item. (Staff suggestion: You may want to organize project elements in a certain manner for easier accounting.) PRE-AGREEMENT EXPENSES Rule 66B-2.005(3), F.A.C. requires any activity in the submitted project cost estimate occurring PRIOR to October 1st to be considered as pre-agreement expenses. The Board’s past philosophy has been to fund only those projects that require District funding assistance to be completed. It is best to avoid pre-agreement expenses if possible. Note: Pre-agreement expenses must be limited to 50% or less of the total project costs, and they are eligible for only ½ of the original District funding. (Example: A project with a total cost of $200,000 is Board-approved for one-half construction PRIOR to October 1st. In this case, District funding will be limited as follows: Only 50% of the $100,000 project cost prior to October 1st is eligible as project expenses (i.e. $50,000). Then only ½ of the eligible project expenses ($50,000) are eligible for District funding assistance (i.e. $25,000). SUBMITTED MATERIALS & JUNE PRESENTATION The Board must review and evaluate every application and each year we receive about 90 applications for consideration. The final product for the Board’s review is two 8-1/2” x 11” spiral-bound notebooks containing the essential information for the application. NOTE: Make sure your final submitted material is the same material you will be presenting to the Board at our June meeting. This will avoid confusion and strengthen your presentation. (Staff suggestion: Limit the submitted materials to the requested information, in the required format and make sure it is consistent with your June presentation. Do not submit additional material at the June presentation!) ELECTRONIC SUBMISSIONS Grant applications are ONLY being accepted by email. Grant applications shall be submitted via email as a pdf attachment (15mb maximum size and permits attached separately). Make sure to label your pdf attachment with the applicant and project title. You will receive a confirmation email letting you know that your application has been received. Email your completed application to CKelley@aicw.org Applications must be received by the District by 4:30 p.m. on April 1, 2024. ATTACHMENT E-1 APPLICATION CHECKLIST WATERWAY ASSISTANCE PROGRAM FY 2024 Project Title: Applicant: This checklist and the other items listed below in items 1 through 13 constitute your application. The required information shall be submitted in the order listed. An electronic copy shall be emailed (15mb maximum file size) to CKelley@aicw.org. Applications must be received by the deadline, no exceptions. All information will be printed on 8 ½”x11” paper to be included in agenda books bound by staff. YES NO 1. District Commissioner Review (prior to March 4th) (NOTE: For District Commissioner initials ONLY!) (District Commissioner must initial the yes line on this checklist for the application to be deemed complete) 2. Application Checklist – E-1 (Form No. 90-26, 2 pages) (Form must be signed and dated) 3. Applicant Info/Project Summary – E-2 (Form No. 90-22, 1 page)(Form must be completed and signed) 4. Project Information – E-3 (Form No. 90-22a, 1 page) 5. Application and Evaluation Worksheet – E-4(+) (Form No.91-25) (One proper sub-attachment included, 7 pages) Must answer questions 1-10. No signatures required 6. Project Cost Estimate – E-5 (Form No. 90-25, 1 page) (Must be on District form) 7. Project Timeline – E-6 (Form No. 96-10, 1 page) 8. Official Resolution Form – E-7 (Form No. 90-21, 2 pages) (Resolution must be in District format and include items 1-6) ATTACHMENT E-1 (Continued) APPLICATION CHECKLIST WATERWAY ASSISTANCE PROGRAM FY 2024 9. Attorney’s Certification (Land Ownership) – E-8 (Must be on or follow format of Form No. 94-26, Legal descriptions NOT accepted in lieu of form) 10. County/City Location Map 11. Project Boundary Map 12. Clear & Detailed Site Development Plan Map 13. Copies of all Required Permits: ACOE, DEP, WMD (Required of development projects only) YES NO The undersigned, as applicant, acknowledges that Items 1 through 12 above constitutes a complete application and that this information is due in the District office no later than 4:30 PM, April 1, 2024. By May 15, 2024, my application must be deemed complete (except for permits) or it will be removed from any further consideration by the District. I also acknowledge that the information in Item 13 is due to the District no later than September 16, 2024. If the information in Item 13 is not submitted to the District office by September 16, 2024, I am aware that my application will be removed from any further funding consideration by the District. LIAISON: TITLE: ** SIGNATURE - PROJECT LIAISON **DATE Form No. 90-26 - New 9/2/92, Revised 07-30-02. FIND OFFICE USE ONLY Date Received: Local FIND Commissioner Review: All Required Supporting Documents: Applicant Eligibility: Project Eligibility:Available Score: Compliance with Rule 66B-2 F.A.C.: Eligibility of Project Cost: ATTACHMENT E-2 APPLICANT INFORMATION & PROJECT SUMMARY WATERWAY ASSISTANCE PROGRAM FY 2024 APPLICANT INFORMATION Applicant: Department: Project Title: Project Director: Title: Project Liaison: (if different from Director)Title: Mailing Address: City:Zip Code: Email Address:Phone #: Project Address: *** I hereby certify that the information provided in this application is true and accurate. *** SIGNATURE: DATE: Form No. 90-22, Rule 66B-2, (New 12/17/90, Rev.07-30-02, 04-24-06) PROJECT NARRATIVE (Please summarize the project in space provided below in 2 paragraphs or less.) ☐ ATTACHMENT E-3 PROJECT INFORMATION WATERWAY ASSISTANCE PROGRAM FY 2024 Applicant:Project Title: Total Project Cost: $FIND Funding Requested: $ % of Total Cost: Amount of Applicant’s Matching Funds: Source of Applicant’s Matching Funds: 1. Ownership of Project Site (check one): Own:Leased:Other: 2. If leased or other, please describe lease or terms and conditions: 3. Has the District previously provided assistance funding to this project or site? Yes: ☐ No: ☐ 4. If yes, please list: 5. What is the current level of public access in terms of the number of boat ramps, boat slips and trailer parking spaces, linear feet of boardwalk (etc.)? (as applicable): 6. How many additional ramps, slips, parking spaces or other access features will be added by this project? 7. Are fees charged for the use of this project? No Yes ** **If yes, please attach additional documentation of fees and how they compare with fees from similar public & private facilities in the area. Please list all Environmental Resource Permits required for this project: AGENCY Yes / No / N/A Date Applied For Date Received WMD DEP ACOE Form No. 90-22a (New 10-14-92, Rev. 04-24-06, 4-15-07) ☐ ☐☐ ATTACHMENT E-4 EVALUATION WORKSHEET WATERWAY ASSISTANCE PROGRAM FY 2024 DIRECTIONS: All applicants will complete questions 1 through 6, and then based on the type of project, complete one and only one subsection (E-4A, B, C, D or E) for questions 7-10. ***Please keep your answers brief and do not change the pagination of Attachment E-4*** All other sub-attachments that are not applicable to an applicant's project should not be included in the submitted application. Project Title: Applicant: 1) PRIORITY LIST: a) Denote the priority list category of this project from Attachment C in the application. (The application may only be of one type based upon the predominant cost of the project elements.) b) Explain how the project fits this priority category. (For reviewer only) Max. Available Score for application Question 1. Range of Score (1 to points) 2)WATERWAY RELATIONSHIP: a)Explain how the project relates to the ICW and the mission of the Navigation District. b) What public access or navigational benefit to the ICW or adjoining waterway will result from this project? (For reviewer only) (1-6 points) 3)PUBLIC USAGE & BENEFITS: a)Describe how the project increases/improves boater/public access. Estimate the amount of total public use. b) Discuss the regional and local public benefits provided by the project. Can residents from other counties of the District reasonably access and use the project? Explain. c) Has the local Sponsor implemented or plans to implement any boating access, speed zone, commercial access or other restrictive use of this site? (For reviewer only) (1-8 points) 4)TIMELINESS: a)Describe current status of the project and present a reasonable and effective timeline for the completion of the project consistent with Attachment E-6. b) Briefly explain any unique aspects of this project that could influence the timeline. (For reviewer only) (1-3 points) 5)COSTS & EFFICIENCY: a)List funding sources and the status and amount of the corresponding funding that will be utilized to complete this project including any cash match or matching grant funds. b) Identify and describe any project costs that may be increased because of the materials utilized or specific site conditions. c) Are there any fees associated with the use of this facility? If so, please list or attach fee sheet. d) If there are any fees, please explain where these fees go and what they are used for. In addition, please provide a listing of the fees charged by similar facilities, public and private, in the project area. (For reviewer only) (1-6 points) 6) PROJECT VIABILITY: a) Why is the project necessary and what need will it fill? Why are existing facilities insufficient to meet demand? b) Clearly demonstrate how the project will continue to be maintained and funded after funding is completed. c) Is this project referenced or incorporated in an existing maritime management, public access or comp plan? (For reviewer only) (1-7 points) SUB-TOTAL FIND FORM NO. 91-25 Rule 66B-2.005 (Effective Date: 3-21-01, Revised 4-24-06, 1-27-14) ATTACHMENT E-4A EVALUATION WORKSHEET DEVELOPMENT & CONSTRUCTION PROJECTS WATERWAY ASSISTANCE PROGRAM FY 2024 THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS A DEVELOPMENT OR CONSTRUCTION PROJECT BUT IS NOT AN INLET MANAGEMENT OR BEACH RENOURISHMENT PROJECT. 7) PERMITTING: a) Have all required environmental permits been applied for? (USACE, DEP and WMD) If permits are NOT required, explain why not. b) If the project is a Phase I project, please provide a general cost estimate for the future Phase II work. c) Detail any significant impediments that may have been identified that would potentially delay the timely issuance of the required permits. (For reviewer only) (1-4 points) 8)PROJECT DESIGN: a)Has the design work been completed? If this is a Phase I project, has a preliminary design been developed? b) Are there unique beneficial aspects to the proposed design that enhance public usage or access, minimize environmental impacts, improve water quality or reduce costs? (For reviewer only) (1-2 points) 9)CONSTRUCTION TECHNIQUES: a)Briefly explain the construction techniques and materials to be utilized for this project. Identify any unique construction materials that may significantly alter the project costs. If a Phase 1, elaborate on potential techniques. b) What is the design life of the proposed materials compared to other available materials? (For reviewer only) (1-3 points) 10) ENVIRONMENTAL COMPONENTS: a) How has the facility where the project is located demonstrated commitment to environmental compliance, sustainability, and stewardship? b) What considerations, if any, have been made for sea level rise impacts in the design and life span of this project? (For reviewer only) (1-3 points) RATING POINT TOTAL Note: The total maximum score possible is dependent upon the project priority category but cannot exceed 50 points unless the project qualifies as an emergency-related project. The minimum score possible is 10 points. A score of 35 points or more is required to be considered for funding. Form No. 91-25A Rule 66B-2.005 (Effective Date: 3-21-01, revised 4-24-06, 1-27-14) ATTACHMENT E-4B EVALUATION WORKSHEET ENVIRONMENTAL EDUCATION PROJECTS WATERWAY ASSISTANCE PROGRAM FY 2024 THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS AN ENVIRONMENTAL EDUCATION PROJECT 7)THOROUGHNESS: a)Who is the primary target audience or user group for the project and how were they identified? b)How have the needs of the target audience been evaluated and met? c)How many people will the program serve on an annual basis? What will be the measurable results? (For reviewer only) (1-5 points) 8)DELIVERABLES: a)Describe the materials and project deliverables to be produced by this project. b)Is there a clear and effective plan of dissemination of the materials produced through the project? Please describe. (For reviewer only) (1-2 points) 9)EXPERIENCE & QUALIFICATIONS: a)Please briefly describe the qualifications of the program administrator(s), including prior experience, and areas of expertise. b)What previous projects of this nature have been completed by the program manager? (For reviewer only) (1-2 points) 10)PROJECT GOALS: a)What are the long-term goals of this project as it relates to the ICW? b)What is the expected duration/frequency of this program? (For reviewer only) (1-3 points) RATING POINT TOTAL Note: The total maximum score possible is dependent upon the project priority category but cannot exceed 50 points unless the project qualifies as an emergency-related project. The minimum score possible is 10 points. A score of 35 points or more is required to be considered for funding. Form No. 91-25B Rule 66B-2.005 (Effective Date: 3-21-01, Revised 4-24-06, 1-27-14) ATTACHMENT E-4C EVALUATION WORKSHEET LAW ENFORCEMENT & BOATING SAFETY PROJECTS WATERWAY ASSISTANCE PROGRAM FY 2024 THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS A LAW ENFORCEMENT OR BOATING SAFETY PROJECT 7) VIABILITY: c)Describe how the project will address particular public health, safety, or welfare issues of the Navigation District’s Waterways. d)How does the project provide significant benefits or enhancements to the District’s Waterways? (For reviewer only) (1-3 points) 8)EXPERIENCE & QUALIFICATIONS: a)List the personnel tasked with the implementation of this project, their qualifications, previous training and experience. b)Have the personnel participated in or received state marine law enforcement training? (For reviewer only) (1-2 points) 9)DELIVERABLES: a)Describe the anticipated, long-term measurable results of implementing this project. b)What is the range or area of coverage for this project? Please provide a map of the coverage area. c)Does the project fulfill a particular community need? For reviewer only) (1-4 points) 10)EDUCATION: a)What are the educational benefits (if any) of this proposed project? b)How does the project or program provide effective public boating education or expand boater safety? (For reviewer only) (1 -3 points) RATING POINT TOTAL Note: The total maximum score possible is dependent upon the project priority category but cannot exceed 50 points unless the project qualifies as an emergency-related project. The minimum score possible is 10 points. A score of 35 points or more is required to be considered for funding. Form No. 91-25C Rule 66B-2.005 (Effective Date: 3-21-01, revised 4-24-06, 1-27-14) ATTACHMENT E-4D EVALUATION WORKSHEET INLET MANAGEMENT & PUBLIC NAVIGATION PROJECTS WATERWAY ASSISTANCE PROGRAM FY 2024 THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS AN INLET MANAGEMENT OR PUBLIC NAVIGATION PROJECT 7)WATERWAY RELATIONSHIP: a)How does the project directly benefit the Atlantic Intracoastal Waterway (AICW)? b) Identify any long-term sedimentation problems and briefly discuss any methods or activities that will address these issues. c) Will the project inhibit sediment inflow into, or reduce the dredging frequency o f the AICW? (For reviewer only) (1-5 points) 8)PUBLIC ACCESS: a)Will the project enhance public access to or from the waterways? Describe in brief detail. b)List the upstream publicly accessible facilities with improved access as a result of this project. (For reviewer only) (1 -3 points) 9)BENEFICIAL PROJECT ELEMENTS: a)Are there additional economic benefits to be realized by implementing this project? b) Briefly spell out any water quality, environmental or habitat benefits to be realized by this project. (For reviewer only) (1 -2 points) 10) PROJECT MAINTENANCE: a) When was this area last dredged? What is the expected frequency of future dredging? b) Explain the funding mechanism for the long-term maintenance of the project. c) Describe the long-range dredge material management plans. (For reviewer only) (1 -2 points) RATING POINT TOTAL Note: The total maximum score possible is dependent upon the project priority category but cannot exceed 50 points unless the project qualifies as an emergency-related project. The minimum score possible is 10 points. A score of 35 points or more is required to be considered for funding. Form No. 91-25D Rule 66B-2.005 (Effective Date: 3-21-01, Revised 4-24-06, 1-27-14) ATTACHMENT E-4E EVALUATION WORKSHEET BEACH RENOURISHMENT PROJECTS WATERWAY ASSISTANCE PROGRAM FY 2024 THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS A BEACH RENOURISHMENT PROJECT 7) WATERWAY RELATIONSHIP: a) Describe how the District and other navigation interests will benefit from the implementation of this project. (For reviewer only) (1 -4 points) 8)VIABILITY: a)Is the project site defined as critically eroded area by a statewide beach management plan? b)Cite the quantifiable rate of erosion in this area. c) Is the project an important component of an overall beach management effort? (For reviewer only) (1 -4 points) 9) PUBLIC BENEFITS: a)Are there quantifiable public benefits demonstrated by the project? b) Is there adequate public access to the project area? Please describe location and amount. (For reviewer only) (1-2 points) 10) PROJECT FUNDING: a) Describe any assistance funding from other sources. b) Clarify the availability of long-term funding for this project. (For reviewer only) (1-2 points) RATING POINT TOTAL: Note: The total maximum score possible is dependent upon the project priority category but cannot exceed 50 points unless the project qualifies as an emergency-related project. The minimum score possible is 10 points. A score of 35 points or more is required to be considered for funding. Form No. 91-25E Rule 66B-2.005 (Effective Date: 3-21-01, Revised 4-24-06, 1-27-14) ATTACHMENT E-4F EVALUATION WORKSHEET EMERGENCY RE-CONSTRUCTION WATERWAY ASSISTANCE PROGRAM FY 2024 THIS ATTACHMENT IS TO BE COMPLETED ONLY IF YOUR PROJECT IS A WATERWAY PROJECT THAT WAS DAMAGED BY A NATURAL DISASTER AS DECLARED BY A STATE OF EMERGENCY UNDER CHAPTER 252, FLORIDA STATUTES. 11. (EXTRA) STORM DAMAGE EVALUATION: a) List the State of Emergency declaration order or proclamation & the name and date of the storm/event. b) Has this site/project previously received funding from FIND? c) Detail the other funding mechanisms and financial assistance that will be applied to defray the reconstruction costs or damage repair. d) What is the current status of your FEMA paperwork for the project? (For reviewer only) (0-3 points) Form No. 91-25F Rule 66B-2.005 (Effective Date: 2-05, Revised 4-24-06, 1-27-14) ATTACHMENT E-5 PROJECT COST ESTIMATE WATERWAY ASSISTANCE PROGRAM FY 2024 (See Rule Section 66B-2.005 & 2.008 for eligibility and funding ratios) Project Title: Applicant: Project Elements (Please list the MAJOR project elements and provide general costs for each one. For Phase I Projects, please list the major elements and products expected) Total Estimated Cost Applicant's Cost (To the nearest $50) FIND Cost (To the nearest $50) **TOTALS =$ 0.00 $ 0.00 $ 0.00 Form No. 90-25 (New 10/14/92, Revised 04-24-06) ATTACHMENT E-6 PROJECT TIMELINE WATERWAY ASSISTANCE PROGRAM FY 2024 Project Title: Applicant: The applicant is to present a detailed timeline on the accomplishment of the components of the proposed project including, as applicable, completion dates for: permitting, design, bidding, applicant approvals, initiation of construction and completion of construction. NOTE: All funded activities must begin AFTER October 1st (or be consistent with Rule 66B-2.005(3) - Pre-agreement expenses) Date Component FIND Form 96-10 (effective date 04-15-07) ATTACHMENT E-7 RESOLUTION FOR ASSISTANCE 2024 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, THE is interested in carrying out the (Name of Agency) following described project for the enjoyment of the citizenry of and the State of Florida: Project Title Total Estimated Cost $ 0.00 Brief Description of Project: AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the (Name of Agency) that the project described above be authorized, AND, be it further resolved that said (Name of Agency) make application to the Florida Inland Navigation District in the amount of % of the actual cost of the project in behalf of said (Name of Agency) AND, be it further resolved by the (Name of Agency) that it certifies to the following: 1. That it will accept the terms and conditions set forth in FIND Rule 66B-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. (1) Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said for public use. (Name of Agency) 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post-audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the at a legal meeting (Agency Governing Board) held on this day of 20 . Attest Signature Title Title (2) Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) ATTACHMENT E-8 ATTORNEYS CERTIFICATION OF TITLE 2024 (See Rule 66B-2.006(4) & 2.008(2) FAC) OFFICE OF THE (City or County) ATTORNEY (ADDRESS) (Date), 2024 To WHOME IT MAY CONCERN: I, (Name), an the Attorney for the (City or County), Florida, I hereby state that I have examined a copy of a (deed, lease, management agreement, etc.) from _____________ to the (City or County) conveying __________(Type of interest, i.e.. Fee simple, easement, 30-year lease, etc.) in the following described property: (Brief Legal Description of Property) I have also examined a document showing that this property is listed on the tax rolls as belonging to the (City or County). Finally, I have also examined such documents and records as necessary for this certification. This property is what is now called “(Name of Property as Referenced in the WAP Application)”. I Certify that the (City or County) does in fact (Own, Lease, etc.) this property for _____________ years. Sincerely, (Name) Attorney, (City or County) FIND Form No. 94-26 (effective date 5-25-00) City of Dania Beach Public Services Memorandum DATE: 3/26/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Fernando J. Rodriguez, Public Services Director Dincer Akin Ozaydin, P.E., Deputy Public Services Director/City Engineer SUBJECT: APPROVAL OF A RESOLUTION AUTHORIZING THE CITY ADMINISTRATION TO APPLY FOR THE FY23 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT Request: The Finance Department is requesting City Commission approval of a resolution authorizing the City Administration to apply for the FY21 Staffing for Adequate Fire and Emergency Response (SAFER) Grant. Background: The City’s call volume for fire rescue services has continually increased over the years and to ensure the highest level of service and lowest response times, the City Manager recommends adding one rescue unit with a full complement of staffing. In accordance with the National Fire Protection Association (NFPA) Standards, a full complement of staffing is 4.3 personnel, comprised of nine (9) Firefighters and five (5) Lieutenants (supervisors). The Federal Emergency Management Agency (FEMA) is accepting SAFER Grant applications of local fire departments for the purpose of providing funding to assist in increasing the number of firefighters to help communities meet industry minimum standards and attain 24-hour staffing to provide protection from fire and fire related hazards, and to fulfill traditional missions of fire departments. The funding, if awarded, would be for thirty-six (36) months and will provide one hundred percent (100%) of the base salary and benefit costs of each position funded with no cash or in- kind match required by the City, except for the cost differential between an entry level Firefighter and Lieutenant positions. Budgetary Impact The Safer Grant will pay 100% of entry level firefighter salaries and benefits. Any salary/benefits differential for a position with a higher pay grade will be the City’s responsibility. Further, the City will be responsible for 100% of all salaries and benefits after the grant expires, at an estimated cost of approximately $1.25 million annually. Recommendation The Finance Department recommends City Commission approval of the resolution authorizing the City Administration to apply for the FY23 SAFER Grant. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A FEDERAL EMERGENCY MANAGEMENT AGENCY (“FEMA”) “SAFER” GRANT TO COVER 2023 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE PERSONNEL COSTS; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE APPLICATION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City’s call volume for Fire Rescue services has continually increased over the years and to ensure the highest level of service and lowest response times, the City Manager recommends adding one rescue unit with a full complement of staffing; and WHEREAS, the National Fire Protection Association (NFPA) standards provide that a full complement of staffing is comprised of nine (9) firefighters and five (5) lieutenants (supervisors); and WHEREAS, FEMA is accepting Fiscal Year 2023, Staffing For Adequate Fire And Emergency Response (“SAFER”) Grant applications of local fire departments for the purpose of providing funding to assist in increasing the number of firefighters to help communities meet industry minimum standards and attain 24-hour staffing to provide protection from fire and fire related hazards, and to fulfill traditional missions of fire departments; and WHEREAS, the funding, if awarded, would be for thirty-six (36) months and provide one hundred percent (100%) of the base salary and benefit costs of each position funded with no cash or in-kind match required by the City; and WHEREAS, the City of Dania Beach therefore desires to apply for a Fiscal Year 2023 SAFER Grant for five (5) firefighters. 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 a Fiscal Year 2023 FEMA SAFER Grant application is approved and the proper City officials are authorized to execute and submit the application. 2 RESOLUTION #2024-______ Section 3.That the City Manager and City Attorney are authorized to make minor revisions to the application as may be deemed necessary and proper for the best interests of the City. Section 4.That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5.That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on __________________, 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 City of Dania Beach Public Services Memorandum DATE: 3/26/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Fernando J. Rodriguez, Public Services Director Dincer A. Ozaydin, P.E., Deputy Director/City Engineer SUBJECT: APPROVAL OF A RESOLUTION TO ENTER INTO AN AGREEMENT WITH BROWARD COUNTY FOR RECEIVING FUNDS FOR THE YEAR 49 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE NORTHWEST OASIS NEIGHBORHOOD IMPROVEMENT PROJECT PHASE XVI Request: The Public Services Department (PSD) requests approval of a resolution authorizing the City’s application for Year 49 Community Development Block Grant (CDBG) for the “Northwest Oasis Neighborhood Improvement Project Phase XVI.” Background: Dania Beach is a non-entitlement city and must, per the CDBG requirements, apply for block grant funds through Broward County. CDBG funds are limited to Census areas that meet low to moderate household income requirements. For this application, the eligible area is Census Track 805 Block Group 2, which encompasses the NW Byrd Point neighborhood. This project will provide improvements in the right-of-way, including block pavers driveway aprons, swale improvements, decorative street and traffic signs, solar pedestrian lights, and other enhancements that the residents may suggest. On March 28, 2023, a public hearing was held, and the City Commission authorized the application for Oasis neighborhood improvements in the Northwest neighborhood for the 49 Year CDBG project. Broward County Housing Finance Division (Division) included the Year 49 Oasis Northwest Neighborhood Improvement Project Phase XVI in its U.S. Department of Housing and Urban Development Annual Action Plan in preparation for the 49th Year Community Development Block Grant Program. Budgetary Impact The CDBG grant funding will be appropriated within the Grant Fund and combined within a fiscal year 2023-24 budget appropriation of Two Hundred Fifty Thousand Dollars ($250,000.00) for design and construction of an Oasis Project, for a total combined project funding of Four Hundred Forty-Seven Thousand Three Hundred Seventy-Four Dollars($447,374.00). Recommendation PSD recommends the City Commission adopt a resolution authorizing the receipt of CDBG Funds for the Year 49 Northwest Oasis Neighborhood Improvement Project Phase XVI and proceed with the bidding process for the project. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE 49th YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND THE BROWARD COUNTY HOUSING FINANCE DIVISION FOR THE DIVISION TO PROVIDE AND ADMINISTER A GRANT IN THE AMOUNT OF ONE HUNDRED SEVENTY-SEVEN THOUSAND THREE HUNDRED SEVENTY-FOUR DOLLARS ($177,374.00), AND TO AUTHORIZE THE CITY’S PUBLIC SERVICES DEPARTMENT TO PROCEED WITH THE BID ADVERTISEMENT FOR THE CDBG YEAR 49, FOR THE NORTHWEST OASIS NEIGHBORHOOD IMPROVEMENT PROGRAM PROJECT PHASE XVI; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 28, 2023, the City Commission approved Resolution 2023-037 authorizing the City of Dania Beach (City) to submit the 49th Year CDBG application for the Oasis Northwest Neighborhood Improvement Project Phase XVI; and WHEREAS, the Broward County Housing Finance Division (Division) included the Year 49 Oasis Northwest Neighborhood Improvement Project Phase XVI in its U.S. Department of Housing and Urban Development Annual Action Plan in preparation for the 49th Year Community Development Block Grant Program; and WHEREAS, the City Administration supports the Oasis Northwest Neighborhood Improvement Project Phase XVI and aims to receive CDBG funding from the Division as described in the Agreement attached as “Exhibit A”, and the Agreement is made a part of and is incorporated into this Resolution by this reference; and WHEREAS, the City Administration recommends that the City Commission authorize staff to proceed with the bidding process for the CDBG Year 49, Oasis Northwest Neighborhood Improvement Project Phase XVI. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1.That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2.That the proper City officials are authorized to accept and execute a Community Development Block Grant Agreement on behalf of the City of Dania Beach, Florida 2 RESOLUTION #2024-______ with the Division of Broward County in the amount of $177,374.00 to provide funding for the CDBG Year 49, Oasis Northwest Neighborhood Improvement Project Phase XVI. Section 3.That the City Manager and City Attorney are authorized to make minor revisions to the Agreement, including amendments extending the Agreement period, which are deemed necessary and proper and in the best interest of the City. Section 4. That the CDBG grant funding will be appropriated within the Grant Fund and combined with a fiscal year 2023-24 budget appropriation of Two Hundred Fifty Thousand Dollars ($250,000.00) for design and construction of an Oasis Project, for a total combined project funding for Four Hundred Forty Seventy Thousand Three Hundred Seventy Four Dollars ($447, 374.00). Section 5.That the City Commission authorizes staff to proceed with the Year 49 Oasis, Northwest Neighborhood Improvement Project Phase XVI competitive bidding. Section 6.That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 7.That this Resolution shall be effective 10 days after passage. 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 ____ ____ 3 RESOLUTION #2024-______ ATTEST: ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY Page 1 of 30 AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR FUNDING AND ADMINISTRATION OF 49TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR NORTHWEST OASIS NEIGHBORHOOD IMPROVEMENT PROJECT PHASE XVI (CFDA # 14.218 / FAIN # B-23-UC-12-0001) This Agreement (“Agreement”) is between Broward County, a political subdivision of the State of Florida (“County”), and the City of Dania Beach, a municipal corporation of the State of Florida (“City”) (each a “Party” and collectively referred to as the “Parties”). RECITALS A. County is a recipient of Community Development Block Grant (“CDBG”) funds from the United States Department of Housing and Urban Development (“HUD”). B. On November 14, 2023 (Agenda Item No. 42), the Broward County Board of County Commissioners authorized CDBG funding to City in the amount of $177,374 to fund the Northwest Oasis Neighborhood Improvement Project, Phase XVI, in City, under the terms more specifically described herein. C. Pursuant to 24 C.F.R. Part 570.302, the Project (as defined herein) was included in County’s consolidated plan for community planning and development programs submitted to HUD in accordance with 24 C.F.R. Part 91. D. The federal award information required by 2 C.F.R. Part 200.332(a) is set forth in Exhibit A to this Agreement. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1. DEFINITIONS 1.1 Applicable Law means all applicable laws, codes, advisory circulars, rules, regulations, or ordinances of any federal, state, county, municipal, or other governmental entity, as may be amended. 1.2 Board means the Board of County Commissioners of Broward County, Florida. 1.3 CDBG Funds means the CDBG Program (as defined herein) funds provided to City under this Agreement, as set forth in Exhibit B to this Agreement. 1.4 CDBG Program means the Community Development Block Grant Program awarded by HUD to County, authorized pursuant to Title I of the Housing and Page 2 of 30 Community Development Act of 1974, Public Law 93-383, amended, and codified at 42 U.S.C. 5301 et seq. 1.5 Code means the Broward County Code of Ordinances. 1.6 Contract Administrator means the Director of the Housing Finance Division, or such other person designated by same in writing. 1.7 County Administrator means the administrative head of County appointed by the Board. 1.8 County Attorney means the chief legal counsel for County appointed by the Board. 1.9 HUD means the United States Department of Housing and Urban Development. 1.10 Project means the project provided and implemented by City, as described in Exhibit A to this Agreement. 1.11 Rules and Regulations of HUD means the rules and regulations of HUD, including but not limited to 24 C.F.R. Part 570, “Community Development Block Grant Regulations,” 24 C.F.R. Part 91, “Consolidated Submissions for Community Planning and Development Programs,” the applicable provisions under 2 C.F.R. Part 200, “Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards,” and any Executive Orders issued by the federal government or any final rule changes set forth in the Federal Register impacting the CDBG Program, as amended from time to time, and which are incorporated herein by reference. 1.12 Subcontractor means an entity or individual, regardless of tier and including subconsultants, providing services to City for all or any portion of the Project. ARTICLE 2. EXHIBITS The following exhibits are attached hereto and incorporated into this Agreement: Exhibit A Project Description Exhibit B Budget Exhibit C Project Timeline Exhibit D Monthly Progress Report Exhibit E Request for Payment ARTICLE 3. PROJECT 3.1 City shall provide and implement Phase XVI of the Northwest Oasis Neighborhood Improvement Project in City as outlined in Exhibit A attached hereto. Page 3 of 30 3.2 All activities funded with CDBG Funds must meet one of the CDBG Program’s national objectives, as set forth in 24 C.F.R. Part 570.208: (1) Activities benefiting low- and moderate-income persons; (2) Activities which aid in the prevention or elimination of slums or blight; or (3) Activities designed to meet community development needs having a particular urgency. City certifies that the Project meets the criteria for 24 C.F.R. Part 570.208(a)(1), Area Benefit Activities, and covenants that the Project will at all times (i) meet one of the CDBG Program’s national objectives under 24 C.F.R. Part 570.208 and (ii) be an eligible activity under 24 C.F.R. Parts 570.201 through 207. 3.3 City must comply with the Project Timeline set forth in Exhibit C. If City fails to meet any of the deadlines set forth in Exhibit C by forty-five (45) days or more, County may terminate this Agreement in accordance with Article 11 of this Agreement and/or may reallocate the remaining unexpended CDBG Funds under this Agreement in accordance with Section 4.10 of this Agreement. Time is of the essence in performing the duties, obligations, and responsibilities required by this Agreement. 3.4 Monitoring and Reporting. County will carry out periodic monitoring and evaluation activities as determined necessary in County’s discretion, and as required by Applicable Law. County has the right to conduct a full review of the Project at any time. County’s evaluation of the Project will include, but not be limited to, compliance with the terms of this Agreement, and comparisons of planned versus actual progress relating to the Project’s scheduling, budget, in-kind contributions, and output measures. 3.4.1 Upon County’s request, City shall promptly furnish to County such records and information requested by County related to the Project. 3.4.2 City shall meet with County at reasonable times and with reasonable notice to discuss the Project. 3.4.3 City shall provide County with monthly progress reports in substantially the form provided in Exhibit D, attached hereto or such other form as may be provided to City by County, in County’s discretion (“Monthly Progress Reports”). The Monthly Progress Reports for each month must be submitted to County no later than the tenth (10th) calendar day of the following month, provided that, if such date is a Saturday, Sunday, or holiday, the Monthly Progress Report may be submitted on the business day immediately following such Saturday, Sunday, or holiday. 3.4.4 In addition to the Monthly Progress Reports, City shall submit on a quarterly basis, and at other times upon the request of the Contract Administrator, information and status reports required by County or HUD on forms approved by the Contract Administrator. Page 4 of 30 3.5 If the work, services, or activities fail to comply with the terms of this Agreement, or if, in County’s judgment, City, or any Subcontractor, has violated federal guidelines and regulations, or the terms of this Agreement, County may issue a written stop order to City pursuant to which City must halt all work, services, or activities for the Project. 3.6 In the event City uses a Subcontractor to perform any design or construction activities for the Project, City shall comply with the following requirements: 3.6.1 City shall provide the Contract Administrator with a copy of all agreements and correspondence between City and the Subcontractor, and any correspondence related thereto, prior to the execution of any agreement between City and the Subcontractor. 3.6.2 City’s contract for design professional services must include, at a minimum, any civil, structural, mechanical, and electrical engineering, and architectural services, as may be required and applicable for the Project, including all necessary, incidental, and related activities and services required by the Project’s scope, and contemplated in the Subcontractor’s scope of services. City’s contracts for design professional services must require the Subcontractor to comply with the following requirements: a. Schematic Design. The Subcontractor must prepare and submit for approval by City schematic design documents consisting of drawings and other documents illustrating the scale and relationship of Project components (“Schematic Design Documents”). City must provide the Contract Administrator with a copy of the approved Schematic Design Documents. Additionally, the Subcontractor shall submit to City a written statement of probable construction cost based on current area, volume, or other unit costs. The Subcontractor must comply with all Applicable Law and requirements of governmental authorities applicable to the Project. b. Design Development. The Subcontractor shall prepare and submit for approval by City, design development documents consisting of drawings and other documents describing the size and character of the entire Project including, as applicable, architectural, structural, mechanical, electrical, material specifications, and such other essential elements as may be appropriate (“Design Development Documents”). City shall provide the Contract Administrator with a copy of the approved Design Development Documents. The Subcontractor shall consider the availability of materials, equipment, and labor, construction sequencing and scheduling, Page 5 of 30 economic analysis of construction and operations, user safety, maintenance requirements, and energy conservation. The Design Development Documents must include, at a minimum, the following, if applicable: 1. Expansion of the architectural, structural, mechanical, and electrical Schematic Design Documents to establish the final scope, relationships, forms, size, and appearance of the Project through appropriate plans, sections, elevations, and typical construction details; three-dimensional sketches; basic materials and finishes; equipment and furniture layouts and space requirements; basic structural system and dimensions; energy conservation measures; outline specifications; basic selection of mechanical and electrical equipment and their capabilities; 2. Development scheduling services, including but not limited to reviewing and updating previously established schedules; and 3. Written statement of probable construction cost, including but not limited to updating and refining the schematic design phase statement of probable construction cost. c. Contract Documents. The Subcontractor shall prepare from the approved Design Development Documents the working drawings and specifications, setting forth in detail the work to be done, materials, quality of work, finishes, and equipment required for the architectural, structural, mechanical, and electrical work, and the necessary bidding information (collectively referred to as the “Contract Documents”). The Subcontractor shall, in the preparation of the drawings and specifications for construction, take into account all prevailing codes and regulations governing construction in Broward County, and update and revise the probable construction costs, as necessary. The Contract Documents shall be sufficiently complete and include enough detail to allow issuance of a building permit and obtain responsive bids. City shall provide a copy of the final Contract Documents to the Contract Administrator promptly after the Contract Documents are fully executed. 3.6.3 City’s contract for any construction activities shall include, but is not limited to, labor, materials, equipment, and other services necessary to perform all of the work described in the Contract Documents for the construction of Page 6 of 30 the Project in accordance with all requirements and provisions of Applicable Law, including applicable building codes. The Project also includes all Project site preparations, including but not limited to preinspection, examination, tests and borings, and discovery of the site conditions and other similar activities. 3.6.4 All plan and specifications prepared or to be used for the Project shall be certified and approved by City and submitted to County for approval as to scope prior to advertisement or implementation, as applicable. 3.7 At the conclusion of each design phase provided for in Section 3.6.2, City shall provide the associated deliverable and shall submit an invoice for payment utilizing the form provided in Exhibit E. 3.8 City must furnish to County a schedule of construction activities indicating the dates for the commencement and completion of the various stages of construction (“Construction Schedule”). City shall comply with the Construction Schedule and shall update the Construction Schedule at least monthly, and when required based on the progress of the Project. City shall not make any changes or modifications to the Construction Schedule furnished to County without County’s prior approval. 3.9 City shall submit written notification to County of all prebid and preconstruction meetings at least two (2) weeks before the actual date of the meetings. County shall have the right to review the final bid package for the Project. 3.10 All change orders related to the Contract Documents or the construction activities are subject to prior written approval from the Contract Administrator. 3.11 (Check if applicable) At the completion of the Project, “as-built” drawings must be submitted to the Contract Administrator prior to County’s approval of the final reimbursement payment to City under this Agreement. 3.12 If City is unable to complete the Project because of delays resulting from untimely review by County or other governmental authorities having jurisdiction over the Project, and such delays are through no fault of City, County shall grant a reasonable extension of time for completion of the Project, provided that any amendment documenting such extension must not include any increase in total CDBG Funds for the Project. It shall be City’s responsibility to notify County promptly in writing whenever City is anticipating or experiencing a delay in approval by a governmental agency, and to furnish County with all facts, details, and related documentation in connection to the delay. 3.13 No extension of time shall be granted for delays resulting from normal weather conditions prevailing in the area as defined by the average of the last ten (10) years of Page 7 of 30 weather data recorded in the Fort Lauderdale-Hollywood International Airport Weather Station. 3.14 City shall notify County at least forty-eight (48) hours in advance of the date that work on the Project will be initiated to allow for on-site inspections to be conducted by County. 3.15 City shall meet or exceed the standards described in Exhibit A, and all Applicable Law, and any other regulations imposed by any regulatory body or authority governing the design, permitting, construction, and approval of the Project. ARTICLE 4. FUNDING AND METHOD OF PAYMENT AND PROVISIONS RELATING TO THE USE OF THE FUNDS 4.1 The maximum amount payable to City under this Agreement shall be One Hundred Seventy Seven Thousand and Three Hundred and Seventy Four Dollars ($177,374). This Agreement is subject to the availability of CDBG Funds, as more specifically described in Articles 4 and 11. No County funds shall be payable under this Agreement. 4.2 If City is in compliance with the applicable Rules and Regulations of HUD and the terms of this Agreement, including the procedures for invoices and payments set forth in this article, County shall reimburse City for eligible Project expenses expended as set forth in Exhibit B, unless a suspension of payment as provided for in Section 4.9 of this Agreement has occurred. At no time shall County distribute CDBG Funds to City if City is not in compliance with the terms of this Agreement or for any Project expenses sought to be reimbursed by City that are not eligible for reimbursement under the Rules and Regulations of HUD. 4.3 City shall invoice County monthly, if eligible Project expenditures, in accordance with Exhibit B, have been made, by furnishing to County a request for payment in the form provided in Exhibit E and any such pertinent documentation requested by County, together with the following supporting documentation: 4.3.1 Documentation of costs associated with any City personnel providing any services for the Project, if applicable; 4.3.2 An executed copy of each Subcontractor contract authorizing work, services, or activities to be performed for the Project, if applicable and not previously submitted to County; 4.3.3 Documentation of any leveraging, as may be described in Exhibit B, that has occurred during each month; Page 8 of 30 4.3.4 A certified copy of the purchase order or other City document authorizing the work, services, activities, or materials for which City is invoicing; 4.3.5 A copy of all Subcontractor invoices for the Project indicating the work, services, or activities rendered or materials purchased and the dates for same, certified by City’s engineer, architect, or administrator or manager of the Project, as applicable; 4.3.6 A certification from City’s administrator or the administrator’s authorized representative certifying that the work, services, or activities, or materials being invoiced have been received or completed; 4.3.7 Upon submittal of the final invoice for reimbursement of eligible Project expenditures made during the term of this Agreement, a final and complete Monthly Progress Report, utilizing the form provided in Exhibit D or such other form as may be provided to City by County, in County’s discretion; and 4.3.8 For reimbursement of any retainage paid by City, City must provide the following additional documentation: (a) Evidence, satisfactory to County, of completion of all Project work and objectives; (b) Copies of executed release forms from all Subcontractors; (c) Final documentation, including applicable payroll documents, required under the Davis-Bacon Act (40 U.S.C. 276a-276a-7) and Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u, and the implementing regulations at 24 C.F.R. Part 75, as applicable); (d) Copies of final certified plans and “as-built” drawings, if required under Section 3.11 of this Agreement; (e) Copies of final permits for the Project and evidence that all permits for the Project have been closed; (f) Final request for payment, in the form provided in Exhibit E, requesting reimbursement of the released retainage amount; and (g) Any other documentation reasonably required by County in connection with reimbursement of the released retainage amount. Page 9 of 30 4.4 Following receipt of invoices and supporting documentation, as described in Section 4.3, County shall review the invoices and supporting documentation to determine whether the items invoiced have been received or completed and that the invoiced items are proper for payment. County may, in its discretion, deny a reimbursement payment to City if City fails to provide any of the documentation required by Section 4.3 above. Upon determination by County that the items invoiced have been received or completed, County shall make payment to City the amount County determines to be payable. Payment for travel costs or travel-related expenses permitted under Exhibit B to this Agreement, if any, shall be made in accordance with Section 112.061, Florida Statutes. 4.5 City shall disclose to County any and all third-party funding, whether public or private, for the Project. No CDBG Funds shall be used to supplant existing third-party funding. 4.6 City shall not be entitled to reimbursement for any invoices received by County later than sixty (60) days after the expiration or earlier termination of this Agreement. 4.7 County shall pay City within thirty (30) calendar days after receipt of City’s Request for Payment for reimbursement of eligible Project expenses in accordance with the “Broward County Prompt Payment Ordinance,” Section 1-51.6 of the Code. To be deemed proper, all invoices must comply with all applicable requirements, whether set forth in this Agreement or the Code. Payment may be withheld for failure of City to comply with a term, condition, or requirement of this Agreement or the Rules and Regulations of HUD. 4.8 City shall expend the CDBG Funds allocated to the Project by the end of the term of this Agreement. All CDBG Funds not expended within the term of this Agreement shall remain in the custody and control of County. 4.9 County may suspend payment under this Agreement for any of the following events: 4.9.1 Ineligible use of CDBG Funds under this Agreement or the Rules and Regulations of HUD; 4.9.2 Failure to comply with the terms of this Agreement; 4.9.3 Failure to submit reports as required, including Monthly Progress Reports, beneficiary data, and a favorable audit report; 4.9.4 Submission of incorrect or incomplete reports in any material respect; and Page 10 of 30 4.9.5 Failure to comply with the indemnification obligations under this Agreement. In the event County elects to suspend payment to City pursuant to this section, County shall specify the actions that must be taken by City as a condition precedent to resumption of payments, and specify a reasonable date by which City must take such actions. 4.10 At the sole discretion of the Contract Administrator, unexpended CDBG Funds not provided to or reimbursed to City under the terms of this Agreement, including, but not limited to funds unexpended due to a failure to meet the deadlines in accordance with Section 3.3 or failure to comply with any other terms of this Agreement, may be reallocated by County to other CDBG Program projects approved for funding by the Board. 4.11 Any CDBG Funds paid to City in excess of the amount to which City is finally determined to be entitled to under this Agreement shall be repaid to County within a reasonable period after demand, and if not paid, County may make an administrative offset against other requests by City for reimbursements. 4.12 City shall invoice all Subcontractor fees, whether paid on a “lump sum” or other basis, with no markup. All Subcontractor fees shall be billed in the actual amount paid by City. 4.13 Notwithstanding any provision in this Agreement to the contrary, County shall not be required to reimburse City any CDBG Funds under this Agreement if County is not able to obtain such funding from HUD for the payment of these costs, and County may withhold payment, in whole or in part, (a) in accordance with Applicable Law, or (b) to the extent necessary to protect itself from loss on account of (i) inadequate or defective work that has not been remedied or resolved in a manner satisfactory to the Contract Administrator, or (ii) City’s failure to comply with any provision of this Agreement. The amount withheld shall not be subject to payment of interest by County. 4.14 Notwithstanding any provision in this Agreement to the contrary, in the event County is required to repay HUD any CDBG Program funding received from HUD for the Project, pursuant to any repayment requirements set forth in 24 C.F.R. Part 570, or any other applicable Rules and Regulations of HUD, City must repay County such CDBG Funds in accordance with the repayment provisions set forth in Section 9.5 of this Agreement. ARTICLE 5. INDEMNIFICATION 5.1 City shall indemnify, hold harmless, and defend County and all of County’s current, past, and future officers, agents, and employees (collectively, “Indemnified Page 11 of 30 Party”) from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorneys’ fees, court costs, and expenses, including through the conclusion of any appellate proceedings, raised or asserted by any person or entity not a party to this Agreement, and caused or alleged to be caused, in whole or in part, by any breach of this Agreement by City, or any intentional, reckless, or negligent act or omission of City, its officers, employees, or agents, arising from, relating to, or in connection with this Agreement (collectively, a “Claim”). If any Claim is brought against an Indemnified Party, City shall, upon written notice from County, defend each Indemnified Party with counsel satisfactory to County or, at County’s option, pay for an attorney selected by the County Attorney to defend the Indemnified Party. The obligations of this section shall survive the expiration or earlier termination of this Agreement. If considered necessary by the Contract Administrator and the County Attorney, any sums due City under this Agreement may be retained by County until all Claims subject to this indemnification obligation have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by County. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. The obligations of this section shall survive the expiration or earlier termination of this Agreement. 5.2 For construction-related activities. To the extent permitted by law, and without either party waiving its sovereign immunity or any limits established by Section 768.28, Florida Statutes, City shall indemnify and hold harmless County, its officers, and employees from liabilities, damages, losses, and costs, including but not limited to reasonable attorneys’ fees, to the extent caused by any breach of this Agreement by City, or any negligence, recklessness, or intentional wrongful misconduct of City and persons employed or utilized by City in the performance of this Agreement. To the extent considered necessary by Contract Administrator and County Attorney, any sums due City under this Agreement may be retained by County until all of County’s claims for indemnification pursuant to this Agreement have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by County. These indemnifications shall survive the term of this Agreement. ARTICLE 6. INSURANCE 6.1 City is a governmental entity and is fully responsible for the acts and omissions of its agents or employees, subject to any applicable limitations of Section 768.28, Florida Statutes. 6.2 Upon request by County, City must provide County with written verification of liability protection that meets or exceeds any requirements of Florida law. If City holds any excess liability coverage, City must ensure that “Broward County” is listed and endorsed as an additional insured under such excess liability policy and provide evidence of same to County. Page 12 of 30 6.3 If City maintains broader coverage or higher limits than the minimum coverage required under Florida law, County shall be entitled to all such broader coverages and higher limits on a primary coverage and noncontributory basis. County’s insurance requirements shall apply to City’s self-insurance. 6.4 In the event City contracts with a Subcontractor to provide any of the services for the Project, City shall require that each Subcontractor maintain insurance coverage that adequately covers each Subcontractor’s exposure based on the services provided by that Subcontractor. City shall ensure that all such Subcontractors comply with these requirements and that “Broward County” is named as an additional insured and certificate holder under the Subcontractor’s applicable insurance policies. City shall not permit any Subcontractor to provide services for the Project unless and until all applicable requirements of this article are satisfied. If requested by County, City shall furnish evidence of insurance of all such Subcontractors. 6.5 County reserves the right, but not the responsibility, at any time to review any and all insurance policies and to adjust the limits and types of coverage required under this article. ARTICLE 7. REPRESENTATIONS AND WARRANTIES 7.1 In accordance with 31 U.S.C. 1352 and implementing regulations set forth in 24 C.F.R. Part 87, City certifies, to the best of its knowledge, that: 7.1.1 No Federal appropriated funds have been paid or will be paid, by or on behalf of City, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 7.1.2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, City shall complete and submit to County Standard Form-LLL, “Disclosure Form to Report Lobbying,” set forth in Appendix B to 24 C.F.R. Part 87, in accordance with its instructions. Page 13 of 30 7.1.3 City shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 7.2 In accordance with Section 519 of the Department of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1990 (Public Law 101-144), Section 906 of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101-625), which amended Title I of the Housing and Community Development Act of 1974, and Section 104(L) of Title I of the Housing and Community Development Act of 1974 as amended (42 U.S.C. §5304), City represents and warranties that it has adopted and is enforcing policies within its jurisdiction that: 7.2.1 Prohibit the use of excessive force by law enforcement agencies against any individuals engaged in nonviolent civil rights demonstrations; and 7.2.2 Enforce applicable State and local laws that prohibit any action that physically bars an entrance to or exit from, a facility or location where a nonviolent civil rights demonstration is being conducted. 7.3 Verification of Employment Eligibility. City represents that City and each Subcontractor have registered with and use 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 City violates this section, County may immediately terminate this Agreement for cause and City shall be liable for all costs incurred by County due to the termination. 7.4 Prohibited Telecommunications Equipment. City represents and certifies that it and its Subcontractors do not use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-26. City represents and certifies that City and its Subcontractors shall not provide or use such covered telecommunications equipment, system, or services during the term of this Agreement. 7.5 Representation of Authority. City represents and warrants that this Agreement constitutes the legal, valid, binding, and enforceable obligation of City, and that neither the execution nor performance of this Agreement constitutes a breach of any agreement that City has with any third party, or violates any law, rule, regulation, or duty arising in law or equity applicable to City. City further represents and warrants that execution of this Agreement is within City’s legal powers, and each individual executing this Page 14 of 30 Agreement on behalf of City is duly authorized by all necessary and appropriate action to do so on behalf of City and does so with full legal authority. 7.6 Breach of Representations. In entering into this Agreement, City acknowledges that County is materially relying on the representations and warranties of City stated in this article. County shall be entitled to recover any damages it incurs to the extent any such representation or warranty is untrue. In addition, if any such representation or warranty is false, County shall have the right, at its sole discretion, to terminate this Agreement without any further liability to City, to deduct from CDBG Funds due to City under this Agreement the full amount of any value paid in violation of a representation or warranty, or to recover all CDBG Funds paid to City under this Agreement. ARTICLE 8. GENERAL COMPLIANCE OBLIGATIONS 8.1 City shall comply with all applicable federal, state, and county laws, ordinances, codes, and regulations relating to the use of CDBG Funds, including but not limited to the general policies set forth in 24 C.F.R. Part 570.200 and all other Rules and Regulations of HUD. Any conflict or inconsistency between any federal, state, or county regulations and this Agreement shall be resolved in favor of the more restrictive regulations. 8.2 City shall comply with 24 C.F.R. 570.611 regarding conflicts of interest and shall establish safeguards to prohibit its employees or Subcontractors from using their positions for a purpose that is, or gives the appearance of being, motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other association. Any possible conflict of interest on the part of City, its officers, employees, or agents shall be disclosed in writing to County. 8.3 City shall use its own procurement procedures for the procurements of property and services. City’s procurement procedure shall comply with applicable federal, state, and local laws and regulations, including but not limited to 24 C.F.R. Parts 570.502 and 570.610, and the procurement standards set forth in 2 C.F.R. Part 200, Subpart D, including but not limited to 2 C.F.R. Part 200.321. All contracts with Subcontractors for the Project shall contain any and all applicable required contract provisions set forth in 2 C.F.R. Appendix II to Part 200. 8.4 City shall comply with the requirements set forth in County’s “Procedures Manual for Subrecipients,” as may be amended from time to time, and incorporated herein by reference. County will provide City with a copy of the manual and any amendments thereto. 8.5 City shall not use CDBG Funds to support or engage in any explicitly religious activities, including but not limited to worship, religious instruction, or proselytization, in compliance with 24 C.F.R. Part 570.200(j) and 24 C.F.R. Part 5.109. Page 15 of 30 8.6 City shall not use CDBG Funds to finance the use of facilities or equipment for political purposes or to engage in other partisan political activities, such as candidate forums, voter transportation, or voter registration, in compliance with 24 C.F.R. Part 570.207. 8.7 City shall not take actions designed to discourage affordable housing for sale or rent within the boundaries of County. 8.8 City shall comply with the requirements set forth in 24 C.F.R. Part 570, Subpart K, Other Program Requirements, and 24 C.F.R. Part 5, Subpart A, as applicable to the Project including but not limited to the following: 8.8.1 Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and implementing regulations at 24 C.F.R. Part 1, which prohibit discrimination of persons on the basis of race, color, or national origin, including but not limited to exclusion from participation in, being denied the benefits of, or being otherwise subjected to discrimination under any program or activity for which City receives federal financial assistance. 8.8.2 Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended by the Fair Housing Amendments Act of 1988 (42 U.S.C. 3601 et seq.), and implementing regulations at 24 C.F.R. Part 100 et seq., which prohibit discrimination of persons on the basis of race, color, religion, sex, disability, familial status, or national origin in housing practices, and which require that no action be taken that is materially inconsistent with the obligation to affirmatively further fair housing. 8.8.3 Executive Order 11063, as amended by Executive Order 12259 (Equal Opportunity in Housing Programs) and implementing regulations at 24 C.F.R. Part 107. 8.8.4 Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.), and the implementing regulations at 24 C.F.R. Part 146, which prohibit discrimination of persons on the basis of age under any program or activity for which City receives federal financial assistance. 8.8.5 Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the implementing regulations at 24 C.F.R. Part 8, which prohibit discrimination of qualified individuals with disabilities in participating in, or receiving benefits and services under any program or activity for which City receives financial federal assistance. Page 16 of 30 8.8.6 Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.), which requires certain federally funded buildings and other facilities to be designed, constructed, or altered in accordance with standards that ensure accessibility to, and use by, physically handicapped persons. 8.8.7 Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. 12101 et seq.), which prohibits discrimination on the basis of disability in services, programs, and activities provided by state and local government entities. 8.8.8 Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u, and the implementing regulations at 24 C.F.R. Part 75, as applicable), which provides for training, employment, contracting, and other economic opportunities for low- and very low-income persons. 8.8.9 The disclosure requirements and prohibitions set forth in 31 U.S.C. 1352 and implementing regulations set forth in 24 C.F.R. Part 87; and the requirements for funding competitions established by the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3531 et seq.). 8.8.10 The prohibitions set forth in 2 C.F.R. Part 2424 relating to the use of debarred, suspended, or ineligible contractors and participants. 8.8.11 The Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.) and the implementing regulations set forth in 2 C.F.R. Part 2429. 8.8.12 The Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4852d) and the implementing regulations set forth in 24 C.F.R. Part 35, if applicable. Notwithstanding the above, in compliance with 24 C.F.R. Part 570.503(b)(5), City does not assume County’s environmental responsibilities described in 24 C.F.R. Part 570.604, nor County’s responsibility for initiating the review process under the provisions of 24 C.F.R. Part 52. 8.9 City shall comply with the recordkeeping and reporting requirements under this Agreement, 24 C.F.R. Part 570 (including 24 C.F.R. Part 570.502, 24 C.F.R. Part 570.506, and 24 C.F.R. Part 570.507), 2 C.F.R. Part 200, and 24 C.F.R. Part 5.168, as applicable, to enable County to comply with its recordkeeping and reporting requirements set forth in 24 C.F.R. Part 570. 8.10 In addition to the reversion of assets requirements set forth in Section 9.7, property, equipment, and supplies acquired with CDBG Funds provided under this Page 17 of 30 Agreement, and no longer needed for the originally authorized purpose, shall be disposed of in the manner authorized by the Contract Administrator after City has requested disposition instructions. 8.11 City shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 C.F.R. Part 32) if CDBG Funds expended under this Agreement exceed One Hundred Thousand Dollars ($100,000). 8.12 City shall comply with the mandatory standards and policies relating to energy efficiency set forth in the State of Florida’s energy conservation plan issued in compliance with the Energy Policy and Conservation Act of 1975 (Public Law 94-163, 89 Statute 871). 8.13 In addition to the audit rights, and retention of records requirements set forth in Section 12.4, City shall provide County, HUD, and the Comptroller General of the United States, through any of their duly authorized representatives, access to any books, documents, papers, and records of City, or Subcontractors, which are directly pertinent to this Agreement for the purpose of making audits, examination, excerpts, and transcriptions. The rights of access granted under this section shall not be limited to the required retention of records period set forth in Section 12.4, and shall remain in effect for as long as the records are retained. 8.14 If applicable, City shall comply, and ensure that all Subcontractors comply, with the Section 3 requirements set forth in 24 C.F.R. Part 75, including the requirements of 24 C.F.R. Part 75.19, and shall include language applying such Section 3 requirements in any contracts or agreements for the Project. 8.15 City shall comply with the Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented in the United States Department of Labor regulations at 29 C.F.R. Part 3. 8.16 In addition to the equal employment opportunity requirements set forth in Section 12.2, City shall comply with, as applicable, Executive Order 11246, “Equal Employment Opportunity,” as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 C.F.R. Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” 8.17 If there is any construction, alteration or repair work over Two Thousand Dollars ($2,000) financed in whole, or in part, with CDBG Funds under this Agreement, City shall, if applicable, comply with the Davis-Bacon Act (40 U.S.C. 276a-276a-7), as supplemented by the United States Department of Labor regulations Page 18 of 30 (24 CFR Part 5), which requires all laborers and mechanics working on the Project be paid not less than prevailing wage rates as determined by the Secretary of Labor. County shall determine the applicability of the Davis-Bacon Act to the Project under this Agreement. ARTICLE 9 - FINANCIAL RESPONSIBILITY 9.1 City shall comply with the requirements, standards, and the applicable provisions set forth in 2 C.F.R. Part 200, “Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal Awards” and 24 C.F.R. Part 570.502. In accordance with 2 C.F.R. Part 200.101(b)(2), with the exception of the requirements set forth in 2 C.F.R. Part 200, Subpart F, Audit Requirements, if any of the provisions of federal statutes or regulations relating specifically to the CDBG Program differ from the provisions set forth in 2 C.F.R. Part 200, the provision of the federal statutes or regulations specific to the CDBG Program shall govern. 9.2 City shall comply with the audit requirements set forth in 2 C.F.R. Part 200, Subpart F, “Audit Requirements,” and Chapter 10.550, Rules of the Auditor General, State of Florida, as applicable. The audit required under 2 C.F.R. Part 200 must be filed with County within one hundred twenty (120) days after the close of the fiscal year of City. All CDBG Funds provided by County should be shown via explicit disclosure in the annual financial statements or the accompanying notes to the financial statements. 9.3 City shall use CDBG Funds only for eligible Project activities as specified in Exhibit A and in accordance with the Project budget set forth in Exhibit B. 9.4 City shall budget and expend all CDBG Funds provided by County under this Agreement in accordance with County’s “Procedures Manual for Subrecipients.” 9.5 In addition to County’s right to terminate this Agreement in accordance with Article 11, City shall be required to repay to County, in County’s sole discretion, any CDBG Funds determined by County or HUD to be ineligible for reimbursement under the terms of this Agreement, including but not limited to in the following events: 9.5.1 Use of any CDBG Funds for ineligible Project expenses or activities, including any overpayments by County. 9.5.2 Any CDBG Funds expended by City, or any of its Subcontractors, in violation of this Agreement. 9.5.3 Failure to complete the Project in a manner that complies with the national objectives described in this Agreement. Page 19 of 30 9.5.4 Any CDBG Funds expended under this Agreement and required to be repaid to HUD. If City is required to repay County any CDBG Funds pursuant to this section, City shall repay such funds from nonfederal resources within thirty (30) days after the notice provided by County, and if not paid, County may, in its sole discretion, elect to withhold payment on any subsequent request for payment by City, or reduce City’s obligation to repay County by making an administrative offset against any request for payment. County, in its sole discretion, may reallocate any funds City repays to County pursuant to the terms of this Agreement to other eligible CDBG Program projects. This provision shall survive the expiration or earlier termination of this Agreement. 9.6 City shall account for “Program Income,” as defined in 24 C.F.R. Part 570.500(a), in accordance with the provisions under 24 C.F.R. Part 570.504. Any Program Income received by City after the Effective Date (as defined in Article 10) that was generated under this Agreement or any prior fiscal year CDBG Program funding agreement with County shall be returned to County in accordance with 24 C.F.R. Part 570.503(b) and 24 C.F.R. Part 570.504, relating to Program Income under the CDBG Program. Unless otherwise provided in any Rules and Regulations of HUD, County may reallocate the Program Income to City’s CDBG funding award in County’s next CDBG Program funding cycle, subject to the retention of a twenty percent (20%) administrative fee payable to County. 9.7 Real Property; Reversion of Assets. City shall comply with the requirements under 24 C.F.R. Parts 570.503 and 570.505, as applicable, including but not limited to the following: 9.7.1 Upon the expiration or earlier termination of this Agreement, City shall transfer to County any CDBG Funds on hand and any accounts receivable attributable to the use of CDBG Funds under this Agreement. 9.7.2 Real property under City’s control that was acquired or improved, in whole or in part, with CDBG Funds in excess of Twenty-five Thousand Dollars ($25,000) shall be used to meet one of the CDBG Program national objectives set forth in 24 C.F.R. Part 570.208 during the term of this Agreement and for a period ending five (5) years after the expiration or earlier termination of this Agreement, or for such longer period of time as determined to be appropriate by County. If City fails to use CDBG Program-assisted real property in a manner that meets a CDBG national objective for the prescribed period of time, City shall pay County an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non CDBG Program funds for Page 20 of 30 acquisition of, or improvement to, the property. Such payment shall constitute Program Income to County. 9.8 Disposition of Equipment. City shall comply with requirements for use and disposition of equipment acquired in whole, or in part, with CDBG Funds under this Agreement in accordance with 2 C.F.R. Part 200.313; except that, pursuant to 24 C.F.R. Part 570.502(a)(8), if equipment is sold, the proceeds shall be Program Income. ARTICLE 10. TERM OF AGREEMENT The term of this Agreement shall commence retroactively on October 1, 2023 (“Effective Date”) and shall end on September 30, 2024, unless terminated earlier or extended pursuant to the terms of this Agreement. City may submit a written request for an extension to the term of this Agreement to the Contract Administrator no less than one hundred and twenty (120) days prior to the expiration date of this Agreement. If the Contract Administrator approves an extension to the term of this Agreement, the Parties shall enter into an amendment as provided in Section 12.17. ARTICLE 11. TERMINATION 11.1 This Agreement is subject to the availability of CDBG Program funding from HUD. If HUD terminates, suspends, discontinues, or substantially reduces the CDBG Funds available for the Project activity under this Agreement, as determined in County’s sole discretion, County may terminate this Agreement upon City’s receipt from County of no less than twenty-four (24) hours’ notice. 11.2 Termination for Cause. 11.2.1 This Agreement may be terminated for cause by the aggrieved Party if the Party in breach has not corrected the breach within ten (10) days after receipt of written notice from the aggrieved Party identifying the breach. Any notice of termination provided by County pursuant to this section shall also provide City with an opportunity to appeal the action, and a copy of the appeal process shall be attached to the notice. City may file an appeal within five (5) days after receipt of County’s notice of termination. 11.2.2 This Agreement may be terminated for cause by County for reasons including, but not limited to, any of the following: (i) City’s failure to meet any of the project deadlines set forth in Exhibit C, within forty-five (45) days after the applicable deadline; (ii) City’s repeated submission (whether negligent or intentional) for payment of false or incorrect bills or invoices; (iii) City’s failure to comply with Applicable Law, including the Rules and Page 21 of 30 Regulations of HUD; (iv) City’s failure to repay County as provided for in Section 9.5; (v) City’s failure to comply with the monitoring and reporting requirements of this Agreement, including the requirements of Section 3.4; (vi) City’s material breach of the representations and warranties set forth in Article 7; (vii) City’s contracting with a Subcontractor who has been debarred, suspended, or is otherwise excluded from, or ineligible for participation in, any federal assistance program subject to 2 C.F.R. Part 2424; (viii) if a Subcontractor is a “scrutinized company” pursuant to Section 215.473, Florida Statutes or is placed on a “discriminatory vendor list” pursuant to Section 287.134, Florida Statutes, or upon the occurrence of any of the grounds set forth in Section 287.135, Florida Statutes. 11.2.3 In the event this Agreement is terminated by County for cause, City shall repay to County any CDBG Funds determined by County to be due in accordance with Section 9.5. County may, in its sole discretion, reduce City’s obligation to repay County by making an administrative offset against any requests by City for payment up to the effective date of termination as provided in Section 11.4. If County erroneously, improperly, or unjustifiably terminates this Agreement for cause, such termination shall be deemed a termination for convenience pursuant to section 11.3 effective thirty (30) days after such notice was provided. 11.3 Termination for Convenience. This Agreement may also be terminated for convenience by the Board with at least thirty (30) days advance written notice to City. City acknowledges that it has received good, valuable and sufficient consideration for County’s right to terminate this Agreement for convenience including in the form of County’s obligation to provide advance notice to City of such termination in accordance with this section. This Agreement may also be terminated by the County Administrator upon such notice as the County Administrator deems appropriate under the circumstances if the County Administrator determines that termination is necessary to protect the public health, safety, or welfare. 11.4 If this Agreement is terminated for any reason, County may, in County’s sole discretion, reimburse City upon receipt of a Request for Payment, utilizing the form provided in Exhibit E, for documented and committed eligible Project expenses, in accordance with the terms of this Agreement and Exhibit B, incurred by City prior to the date either party provides written notice of termination to the other party. For purposes of this Agreement, a documented and committed eligible Project expense means any verifiable committed expense, including but not limited to a purchase order for payment of materials and supplies, executed by City or Subcontractor on City’s behalf, for Project activities under this Agreement. Notwithstanding the above, City shall not expend, or commit to expend, any funds for eligible Project expenses under this Agreement after either party provides written notice of termination to the other party. Any payment by Page 22 of 30 County pursuant to this section is subject to the repayment provisions in Section 9.5, and County shall not be required to reimburse City for any or all of the CDBG Funds requested by City where County has determined that City failed to complete the Project in a manner complying with this Agreement or the Rules and Regulations of HUD. 11.5 Notice of suspension or termination of this Agreement shall be provided in accordance with the “Notices” section of this Agreement except that notice of termination by the County Administrator to protect the public health, safety, or welfare may be oral notice that shall be promptly confirmed in writing. 11.6 If this Agreement is terminated for any reason, any amounts due City shall be withheld by County until all Documents and Work are provided to County pursuant to Section 12.1. 11.7. In addition to any termination rights stated in this Agreement, County shall be entitled to seek any and all available contractual or other remedies available at law or in equity, including recovery of costs incurred by County due to City’s failure to comply with any term(s) of this Agreement. ARTICLE 12 - MISCELLANEOUS 12.1 Rights in Documents and Works. Any and all reports, photographs, surveys, documents, materials, data or other work created by City in connection with this performing Services, whether finished or unfinished (“Documents and Work”), shall be owned by County, and City hereby transfers to County all right, title, and interest, including any copyright or other intellectual property rights in or to the Documents and Work. if a copyright is claimed, City grants to County and the Federal Government a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work, and to authorize others to do so. use the copyrighted item(s) indefinitely, to prepare derivative works, and to make and distribute copies to the public Upon expiration or termination of this Agreement, the Documents and Work shall become the property of County , including, any patent rights with respect to any discovery or invention which arises or is developed in the course of or under this Agreement, and shall be delivered by City to the Contract Administrator within seven (7) days after expiration or termination. Any compensation due to City may be withheld until all Documents and Work are received as provided in this Agreement. City shall ensure that the requirements of this section are included in all agreements with its Subcontractors. 12.2 Equal Employment Opportunity. City and Subcontractors shall not discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. City shall include the foregoing or similar language in its contracts with all Subcontractors, except that any project assisted by the U.S. Page 23 of 30 Department of Transportation funds shall comply with the nondiscrimination requirements in 49 C.F.R. Parts 23 and 26. 12.3 Public Records. Notwithstanding any other provision in this Agreement, any action taken by County in compliance with, or in a good faith attempt to comply with, the requirements of Chapter 119, Florida Statutes, shall not constitute a breach of this Agreement. City shall comply with all applicable requirements of Chapter 119, Florida Statutes, including the requirements of Section 119.0701. 12.4 Audit Rights and Retention of Records. County shall have the right to audit the books, records, and accounts of City and all Subcontractors that are related to this Agreement. City and its Subcontractors shall keep such books, records, and accounts as may be necessary to record complete and correct entries related to this Agreement and performance under this Agreement. All such books, records, and accounts shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and, upon request to do so, City and all Subcontractors shall make same available in written form at no cost to County. City shall provide County with reasonable access to City’s facilities, and County shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this Agreement. City and all Subcontractors shall preserve and make available, at reasonable times within Broward County, Florida for examination and audit, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for at least four (4) years after expiration or termination of this Agreement, or until resolution of any audit findings, whichever is longer. This article shall survive any dispute or litigation between the Parties, and City expressly acknowledges and agrees to be bound by this article throughout the course of any dispute or litigation with County. City must comply with the records retention requirements set forth in 24 C.F.R. Part 570.502(a)(7)(i). Any audit or inspection pursuant to this section may be performed by any County representative (including any outside representative engaged by County). City hereby grants County the right to conduct such audit or review at City’s place of business, if deemed appropriate by County, with seventy-two (72) hours’ advance notice. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for County’s disallowance and recovery of any payment upon such entry. If an audit or inspection reveals overpricing or overcharges to County of any nature by City in excess of five percent (5%) of the total contract billings reviewed by County, City shall make adjustments for the overcharges and pay liquidated damages pursuant to Section 4.13. Any adjustments or payments due as a result of such audit or inspection shall be made within thirty (30) days after presentation of County’s findings to City. Page 24 of 30 City shall ensure that the requirements of this section are included in all agreements with all Subcontractors. 12.5 Sovereign Immunity. Except to the extent sovereign immunity may be deemed to be waived by entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by either County or City nor shall anything included herein be construed as consent by either County or City to be sued by third parties in any matter arising out of this Agreement. Both County and City are political subdivisions as defined in Section 768.28, Florida Statutes, and each shall be responsible for the negligent or wrongful acts or omissions of their employees pursuant to Section 768.28, Florida Statutes. 12.6 Independent Contractor. City is an independent contractor of County and nothing in this Agreement shall constitute or create a partnership, joint venture, or any other relationship between the Parties. In providing the Project, neither City nor its agents shall act as officers, employees, or agents of County. City shall not have the right to bind County to any obligation not expressly undertaken by County under this Agreement. 12.7 Third Party Beneficiaries. Neither City nor County intends to primarily or directly benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 12.8 Notice and Payment Address. Unless otherwise stated herein, for notice to a Party to be effective under this Agreement, notice must be sent via U.S. first-class mail, hand delivery, or commercial overnight delivery, each with a contemporaneous copy via email, to the addresses listed below and shall be effective upon mailing or hand delivery (provided the contemporaneous email is also sent). Payments shall be made to the noticed address for City. Addresses may be changed by the applicable Party giving notice of such change in accordance with this section. FOR COUNTY: Broward County Housing Finance Division Attn: Ralph Stone, Director 110 N.E. 3rd Street, Third Floor Fort Lauderdale, Florida 33301 Email address: rstone@broward.org Page 25 of 30 FOR CITY: City of Dania Beach Attn: Ana M. Garcia, City Manager 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Email address: agarcia@daniabeachfl.gov 12.9 Assignment. Except for approved subcontracting, neither this Agreement nor any right or interest in it may be assigned, transferred, subcontracted, or encumbered by City without the prior written consent of County. Any assignment, transfer, encumbrance, or subcontract in violation of this section shall be void and ineffective, constitute a breach of this Agreement, and permit County to immediately terminate this Agreement, in addition to any other remedies available to County at law or in equity. . 12.10 Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term. County’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiver. 12.11 Compliance with Laws. City and the Project must comply with all Applicable Law, including, without limitation, the Rules and Regulations of HUD and any related federal, state, or local laws, rules, and regulations, the Americans with Disabilities Act, 42 U.S.C. § 12101, Section 504 of the Rehabilitation Act of 1973, and the requirements of any applicable grant agreements. 12.12 Severability. If any part of this Agreement is found to be unenforceable by any court of competent jurisdiction, that part shall be deemed severed from this Agreement and the balance of this Agreement shall remain in full force and effect. 12.13 Joint Preparation. This Agreement has been jointly prepared by the Parties hereto, and shall not be construed more strictly against either Party. 12.14 Interpretation. The titles and headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include any other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as “herein,” refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context Page 26 of 30 otherwise requires. Whenever reference is made to a section or article of this Agreement, such reference is to the section or article as a whole, including all subsections thereof, unless the reference is made to a particular subsection or subparagraph of such section or article. Any reference to “days” means calendar days, unless otherwise expressly stated. Any reference to approval by County shall require approval in writing, unless otherwise expressly stated. 12.15 Priority of Provisions. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any document or exhibit attached to, referenced by, or incorporated in this Agreement and any provision within an article or section of this Agreement, the article or section shall prevail and be given effect. If there is a conflict between any provisions set forth in this Agreement and a more stringent state or federal provision which is applicable to this Agreement, the CDBG Funds, or the Project, the more stringent state or federal provision shall prevail. 12.16 Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The exclusive venue for any lawsuit arising from, related to, or in connection with this Agreement shall be in the state courts of the Seventeenth Judicial Circuit in and for Broward County, Florida. If any claim arising from, related to, or in connection with this Agreement must be litigated in federal court, the exclusive venue for any such lawsuit shall be in the United States District Court or United States Bankruptcy Court for the Southern District of Florida. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. 12.17 Amendments. Unless expressly authorized herein, no modification, amendment, or alteration of any portion of this Agreement is effective unless contained in a written document executed with the same or similar formality as this Agreement and executed by duly authorized representatives of County and City. The County Administrator is hereby authorized to execute amendments that extend the term of the Agreement, or that change the Project, so long as the Project, as amended, consists of eligible activities under 24 C.F.R. Part 570. The Contract Administrator is hereby authorized to approve, in writing, line item budget changes to the information set forth in Exhibit B during the term of this Agreement, and for sixty (60) days after expiration or earlier termination of this Agreement, in order to reconcile City’s expenditures of CDBG Funds, provided such changes do not result in an increase in the total amount of the CDBG Funds. The written document from the Contract Administrator approving such changes shall be deemed incorporated into this Agreement. 12.18 Prior Agreements. This Agreement represents the final and complete understanding of the Parties regarding the subject matter of this Agreement and supersedes all prior and contemporaneous negotiations and discussions regarding same. All commitments, agreements, and understandings of the Parties concerning the subject matter of this Agreement are contained herein.