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HomeMy WebLinkAbout2024-05-28 Regular City Commission Meeting Agenda Packet AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, MAY 28, 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) ADDENDUM NO. 1 (Items in red are new and/or revised) 1. CALL TO ORDER/ROLL CALL Agenda – Dania Beach City Commission Tuesday, May 28, 2024 - 7:00 PM Page 2 of 6 2. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE 3. PRESENTATIONS AND SPECIAL EVENT APPROVALS 1. Alzheimer’s Glow Initiative - Sponsored by Commissioner Davis 2. 2024 Juneteenth Special Event Application - Parks and Recreation 4. PROCLAMATIONS: None. 5. ADMINISTRATIVE REPORTS 1. City Manager 2. City Attorney 3. City Clerk - Reminders: - June 11, 2024 - CRA Board Meeting - 5 p.m. - June 11, 2024 - Regular City Commission Meeting - 7 p.m. - June 25, 2024 - Regular City Commission Meeting - 7 p.m. 6. PUBLIC SAFETY REPORTS 7. CITIZENS' COMMENTS Addressing the Commission: A thirty (30) minute "Citizen Comments" period shall be designated on the agenda for citizens and interested persons to speak on matters whether or not scheduled on that day's agenda. Individuals wishing to speak on a matter not included on the "Public Hearing" section of the agenda, which matter pertains to an item before the City Commission which requires a decision of the City Commission, may do so by signing in and submitting a form to that effect with the City Clerk prior to the meeting. Speakers at Public Hearings shall also submit such a form. Each speaker shall be limited to 3 minutes for his or her comments. If more than ten (10) speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. 8. CONSENT AGENDA 1. Minutes: May 7, 2024 Special City Commission Meeting 2. Travel Requests: None. 3. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH ALLY ENGINEERING SERVICES, INC. FOR THE SOUTHEAST DRAINAGE PROJECT PHASE I CONSTRUCTION, ENGINEERING, AND INSPECTION (“CEI”) SERVICES PURSUANT TO REQUEST FOR QUALIFICATIONS (“RFQ”) NO. 23-020 IN THE AMOUNT OF SEVEN HUNDRED Agenda – Dania Beach City Commission Tuesday, May 28, 2024 - 7:00 PM Page 3 of 6 NINETY-EIGHT THOUSAND SIX HUNDRED TWENTY-FOUR DOLLARS AND SEVENTY-FIVE CENTS ($798,624.75); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) 4. RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY FOR COST SHARE SUPPORT OF A WATER CONSERVATION INCENTIVES PROGRAM; 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 PROPER CITY OFFICIALS TO AMEND AN AGREEMENT WITH SALTZ MICHELSON ARCHITECTS FOR THE DESIGN AND CONSTRUCTION ADMINISTRATION OF THE FIRE ADMINISTRATION EMERGENCY OPERATIONS CENTER AND TRAINING FACILITY (FAEOC), AND TO PROVIDE AN INCREASE TO THE PROJECT CONTINGENCY IN THE AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) 6. RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING DESIGN ENGINEERING AND PROJECT MANAGEMENT SERVICES FROM CRAVEN THOMPSON AND ASSOCIATES FOR THE OCEAN PARK NEW RESTROOM FACILITY AND CONVERSION OF EXISTING RESTROOM FACILITY INTO A STORAGE FACILITY PROJECT IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED SEVENTY THOUSAND SIX HUNDRED SEVENTY-TWO DOLLARS ($470,672.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) 7. RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO AMEND THE AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC (KHA) FOR THE SEWER LIFT STATION AND EMERGENCY BACK-UP GENERATORS PROJECT TO MODIFY THE SCOPE AND INCREASE THE PRICE BY ONE HUNDRED TWENTY-THREE THOUSAND THREE HUNDRED SEVENTY-FIVE DOLLARS Agenda – Dania Beach City Commission Tuesday, May 28, 2024 - 7:00 PM Page 4 of 6 ($123,375.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) 8. RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PURCHASE OF SOFTWARE AND PROFESSIONAL SERVICES FROM MCCI THAT EXCEED THE ANNUAL VENDOR THRESHOLD TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00); AUTHORIZING SUCH PURCHASES WITHIN THE INFORMATION TECHNOLOGY FUND APPROVED ANNUAL BUDGET APPROPRIATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance) 9. RESOLUTION NO. 2024-___ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN CAPITAL EXPENDITURES INCURRED IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION, RENOVATION, AND EQUIPPING OF CERTAIN CAPITAL PROJECTS BY THE CITY, AS MORE FULLY DESCRIBED HEREIN, WITH PROCEEDS OF A FUTURE TAX-EXEMPT FINANCING FROM THE FLORIDA MUNICIPAL LOAN COUNCIL; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. (Finance) 10. RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR FUNDING AND ADMINISTRATION OF THE YEAR 48 COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) SOLAR LIGHT PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) 11. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE SALE OF A CRA-OWNED PROPERTY LOCATED AT 608 WEST DANIA BEACH BOULEVARD, DANIA BEACH, FLORIDA (“PROPERTY”) TO TO TURN TWO CONSTRUCTION, INC., FOR THE PURPOSE OF DEVELOPING THE PROPERTY FOR USE AS FOR-SALE, LOW- INCOME AFFORDABLE HOUSING (80% AMI) PRODUCT; AND IF NOT POSSIBLE AFTER SIX (6) MONTHS OF DILIGENT INQUIRY, TO OBTAIN A Agenda – Dania Beach City Commission Tuesday, May 28, 2024 - 7:00 PM Page 5 of 6 PURCHASER AT 80% AMI, TURN TWO CONSTRUCTION, INC., MAY SELL THE TOWNHOMES AS AFFORDABLE/WORKFORCE AFFORDABLE HOUSING PRODUCTS (UP TO 120% AMI); AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE DEED, WITH RESTRICTIVE COVENANT REQUIRING 30 YEARS OF AFFORDABLE HOUSING (80% AMI) AND/OR WORKFORCE AFFORDABLE HOUSING (120% AMI) AND RELATED DOCUMENTS FOR THE PARCEL FOR THIS PURPOSE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (CRA) 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.: 24-010, TO MILLS ELECTRIC SERVICES, INC., FOR THE YEAR 48 CDBG SOLAR LIGHTS PROJECT IN AN AMOUNT NOT TO EXCEED TWO HUNDRED SIXTY-SIX THOUSAND SEVEN HUNDRED FIFTY-TWO DOLLARS ($266,752.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) 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. 22-008, ENTITLED SW 52ND STREET STORMWATER IMPROVEMENTS PROJECT TO ATC ENGINEERING, INC. IN AN AMOUNT NOT TO EXCEED NINE HUNDRED EIGHTY-NINE THOUSAND EIGHT HUNDRED TWENTY- EIGHT DOLLARS ($989,828.00); PROVIDING FOR CONFLICTS; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) 3. 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. 23-014 SOUTHEAST DRAINAGE RETROFIT PROJECT, PHASE I TO RIC-MAN CONSTRUCTION FLORIDA, INC. IN AN AMOUNT NOT TO EXCEED SIXTEEN MILLION EIGHT HUNDRED FIFTEEN THOUSAND EIGHT HUNDRED FIVE DOLLARS AND TWENTY-FOUR CENTS ($16,815,805.24); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) 10. QUASI-JUDICIAL & PUBLIC HEARING ITEMS: None 11. FIRST READING ORDINANCES: None Agenda – Dania Beach City Commission Tuesday, May 28, 2024 - 7:00 PM Page 6 of 6 12. SECOND READING ORDINANCES: None 13. DISCUSSION AND POSSIBLE ACTION 1. City Issued Shirts for Board Members - Sponsored by Vice Mayor Lewellen 2. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY’S CEREMONIAL ITEMS POLICY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Commissioner James) 3. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE DANIA BEACH, FLORIDA, PERTAINING TO RESOLUTION 28-85, WHICH PRESCRIBES RULES OF PROCEDURE FOR CITY COMMISSION MEETINGS; AMENDING THE RULES TO INCLUDE GUIDELINES FOR PRESENTATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Commissioner James) 14. APPOINTMENTS 15. COMMISSION COMMENTS 1. Commissioner Davis 2. Commissioner James 3. Commissioner Salvino 4. Vice-Mayor Lewellen 5. Mayor Ryan 16. ADJOURNMENT 1 of 6 Ordinance #2021-013 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 applicant. After you submit the application with your fee, you will be contacted by the Special Event Coordinator to review and further process your application. The Special Event Co ordinator will contact you once the review is complete to provide conditions or comments and the next available date for City Commission approval (if required). Event Name: Type of Event: Minor Event - less than 500 people, single day event, no road closures Major Event - 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? ____ Yes ____ No Is your event located on the beach? ____ Yes ____ No Location: Expected sustained attendance Expected maximum attendance Has this event been held in the past? __x__ Yes ___ No If yes, please list the past dates, locations and attendance Detailed Description: (Activities, Vendors, Entertainment, etc.) Date and Time: DATE DAY BEGIN END Attendance SETUP: ______AM/PM ______AM/PM ________ EVENT DAY 1: ______AM/PM ______AM/PM ________ EVENT DAY 2: ______AM/PM ______AM/PM ________ EVENT DAY 3: ______AM/PM ______AM/PM ________ BREAKDOWN: ______AM/PM ______AM/PM ________ PART I: EVENT REQUEST 2024 Juneteenth Eventt Held the event at CW Thomas park in 2023 that hosted 500 guests. 2 of 6 Ordinance #2021-013 Organization Name Name of Authorized Signatory For-Profit Non-Profit Private (as registered in Sunbiz) Address: City, State, Zip: Date of registration: State registered in: Federal ID # Email Address: Phone: Event Coordinator Name Phone: Title: Phone: Cell: Email address: Fax: Additional Contact Name Will you be on site? ____ Yes ____ No Title: Phone: Cell: Email address: Fax: Event Production Company (if other than applicant) Address: City, State, Zip: Contact Name: Title: Phone (day) (night) Cell: Email address: Fax: All City permits must be obtained through the City’s Building Division using the Building Permit Application form. Apply and pay for the permits at least 30 days before the event. Contact the Building Division at (954) 924-6805 with any questions. Admission/Registration ____ Yes ____ No If yes, how much? $ Alcohol for Sale ____Yes ____ No Alcohol for Fee ____ Yes ____ No If yes, how will the beverages be controlled and served? (Draft truck, bar tender, beer tub, etc.) Provide State of Florida alcohol licenses and $500,000 of Liquor Liability insurance 30 days before event. Amusement Ride ____ Yes ___No If yes, name a contact of company: What type of rides are you planning? Florida Bureau of Fair Rides, Ron Jacobs (850) 921 -1530 must be contacted 30 days before the event to schedule inspections and final approval of all vendors and rides prior to use. PART II: APPLICANT PART III: EVENT INFORMATION 3 of 6 Ordinance #2021-013 Electricity ____ Yes ___No Generator ____ Yes ___No Amount of Kilowatts ___________ Events requiring electricity must be permitted. Company: License #: Name of Electrician: Phone: Entertainment ____ Yes ____ No If yes, what type of entertainment will be there? Any notable documents? Fencing or Barricades ____ Yes ____ No Include proposed fences in your Site Plan & Narrative Fireworks & Flame Effects ____ Yes ____ No Name & Contact of Company conducting the show: A permit and Fire Watch is required for all pyrotechnics displays. Food Vendors _____ Yes ____ No Food Trucks _____ Yes ____ No Cooking Appliance Types (charcoal grills gas grills, deep fryers, etc.) State Health Dept. Tara Palmer at (594) 397-9366 must be notified 10 days prior to event. All Food Vendors must be inspected by BSO Fire to ensure compliance prior to serving food. A fire extinguisher is required for each food booth. If a propane tank is used for a fuel source, it must be secured on the outside of the booth. LP Gas permits may be required. Will any type of cooking appliances be used by either the Sponsor of the Event or any of its vendors? ____ Yes ____ No If so, indicate the type of appliance(s) to be used and the number of each applicant to be used: N/A Electric Grill(s) #___ Gas Grill(s) #___ Charcoal Grill(s) #___ Smoker Grill(s) #___ Grease Fryer(s) #___ Oven(s) #___ Electric Range Burner(s) #___ Gas Range Burner(s) #___ Please Note – Grease Fryers are not permitted indoors unless they are protected with an approved Hood and a UL300 Compliant Wet Chemical Automatic Fire Suppression System in accordance with NFPA 96. Does each cooking appliance have its own dedicated Fire Extinguisher? ____ Yes ____ No Please Note – Each cooking appliance must have its own dedicated fire extinguisher. Class K fire extinguishers are required for fryers. You need to demonstrate that this requirement will be met by making a note on the site plan indicating compliance with all of the above requirements or providing a letter to the fire prevention bureau. Does each cooking area have the proper clearances from all other event areas? ____ Yes ____ No Please Note – Cooking areas can be located no closer than 30 feet from any tent or canopy structure, event rides, stages, grandstands of bleachers, etc. Ensure that this measurement is demonstrated on the site plan. Food Truck and vendors that are participating at the event. 1.Fire Safety Inspection is required the day of the event. 2.Certified Gas Company to inspect the food trucks and any vendor that is cooking with gas prior to cooking for the opening of the event. (Leak detection test). 3.Food trucks that are participating must have an approved and updated fire suppression extinguishing system. 4.Food trucks are to be 10 feet apart from other food trucks. Vendors that are cooking outside in separated booths must be 10 feet apart from other vendors that are cooking. 5.All vendors that are cooking must have the proper fire extinguisher to extinguish their product. Music ____ Yes ____ No If yes, what music format(s) will be used? (Amplified, acoustic, recorded, live, MC, DJ, etc.): 4 of 6 Ordinance #2021-013 List the type of equipment you will use (speakers, amplifier, drums, etc.): Stages _____ Yes ____ No Type (wood, metal, trailer stage, etc.) Stages may require permits. Days and times music will be played: How close is the event to the nearest residence? It is the responsibility of the event coordinators/promoter to reach out to businesses within proximity of the event. Parking Impact ____ Yes ____ No If yes, lot location(s)? Date(s) of Closure Time(s) of Closure All Parking Spaces that are impacted by an event will be billed to the event organizer through the City’s Parking Division and must be paid in full before the event. Road Closings _____ Yes ____ No If yes, define Closure(s) Date(s) of Closure Time(s) of Closure Sanitation & Waste Will the event encourage Recycling and Sustainability? ____ Yes ____ No Recycling must be provided at all City events, facilities & parks. All dumpsters must be removed at the end of the event. Company Name Contact Phone All grounds must be cleaned up immediately after completion of event or you will be subject to fees. You are responsible for securing recycling services. Security/Police ___ Yes ____ No Name Phone Security companies and their plans must be approved, and you may still be required to hire BSO Police. Security Company Contact Phone Tents or Canopies ____ Yes ____ No No penetration of ground spike is allowed. All structures must be water-weighted. Tents larger than 10 x 10 require a permit. Quantity and size of each? Company Name Contact Phone A detailed Site Plan showing the locations and size of each canopy or tent is required. A permit and final inspection is required if there are multiple canopies, if they are going to be used for cooking or if there are tents with walls. All tents must be flame retardant. A certificate of flame retardancy and a sample of the tent fabric for filed testing must be submitted for product approval with this application. This information can be obtained from the tent manufacturer or the tent rental company. Participating vendors must be separated by a minimum of 3 feet regardless with usage of a tent or a canopy classification. Toilets ___ Yes ___X_ No All toilets must be removed within 24 hours. Portable Toilets are regulated by Broward County. Please contact the Environmental Manager at (954) 412-7334. Transportation Plan ____ Yes ____ No Any events larger than $5,000 people must have an approved Transportation Plan. 5 of 6 Ordinance #2021-013 Your Event may require Security and Emergency Services which will be determined using this application, your Site Plan and Narrative. MOT, transportation plan and any additional information requested during your Special Events meeting. The hourly rate and costs for services will be quoted on the “Cost Estimate” worksheet developed at the meeting and provided to the organizer. The cost may change after the meeting. POLICE Your event may require security services based on expected attendance and other risk factors such as alcohol, time, day, location, event type of weather. Depending on your event, it may be possible to supplement some of the Police services with a private third-party security company if their security plan is approved by the BSO Police Department. If you want to use a private security company, their proposed security plan must be presented along with their business license and contact information with this eve nt application. The Police will review the plan and inform you if it meets City requirements. BSO DETAIL REQUIREMENT Based upon anticipated attendance, site or building size, site location, and ability to assure public safety requirements, a Broward Sheriff’s Office detail may be required. FIRE WATCH REQUIREMENT A fire watch may be imposed depending on the type of event, number of persons present and/or hazards involved. The number of personnel and apparatus required may vary depending on the type of event and hazards involved. Below are the current rates charged for the presence of a fire watch detail and/or fire inspector: Off-Duty detail assignment services performed by Dania Beach Fire Rescue Personnel will be paid at their current overtime rate of pay with benefits (3 hour minimum). In addition, an administrative fee of 10% will also be charged based on the total cost of personnel and apparatus. Personnel costs are currently estimated to be $84.42 per hour, per person (3 hour minimum). The cost of apparatus is as follows: Rescue Truck - $32.00 per hour Engine (1500 gpm) - $17.00 per hour Ladder (1500 gpm) - $80.00 per hour The City of Dania Beach requires payment 14 days in advance for the detail services and fees are to be made payable to the City of Dania Beach by means of cash advance or a cashier’s check. Fees are based on individual employee’s overtime rates which vary from person to person. The amount estimated is based on the highest overtime rate currently payable in addition to fees for FICA, Medicare, Worker’s Compensation and Administrative fees. In the event that the entire estimated amount is not required for services, the City will refund the money, less the expenses incurred for the service. Should the amount of time required for the fire watch detail exceed that agreed up before the event, the Event sponsor will be required to pay for any overage based on the actual cost for the fire watch. The Event sponsor will be responsible to pay the actual service price incurred. The information I have provided on this application is true and complete to the best of my knowledge. If I have not submitted my application with the necessary plans, within the deadline and according to the rules outlined in the Special Events Ordinance, it may be denied. Before receiving final approval from the City Commission, I understand that I (and the production company, if applicable), must furnish an original certificate of General Liability Insurance naming the City of Dania Beach as additionally insured in the amount of at least one million dollars ($1,000,000) or greater as deemed satisfactory by the City Risk Manager, and an original certificate of liquor liability insurance in PART IV: SECURITY AND EMERGENCY SERVICES PART V: APPLICANT ACCEPTANCE 6 of 6 Ordinance #2021-013 the amount of five hundred thousand dollars ($500,000) if alcohol is being served. Other liability insurance and fees may also be required up to thirty (30) days in advance of the event. I understand that the City of Dania Beach sponsored activities have precedence over th e event requested above and I will be notified if any conflicts arise. I understand that the BSO Police Department will determine all security requirements and that the BSO Fire Rescue will determine all fire and Emergency Medical Services requirements. I understand that any cancellations for City scheduled services must be made by phone to each department representative at least 24 hours before the scheduled event time or the organizer will be liable for any associated fees. I understand that the City has a noise ordinance that my event must follow. I agree to abide by all provisions of the noise control ordinance and understand that my failure to do so may result in a civil citation, a physical arrest, or the shutting down of the event. If at any time during the event it is determined by law enforcement personnel, code enforcement personnel, parks and recreation personnel, or any other City representative that the entertainment or music is causing a noise disturbance, I will be directed to lower the volume to an acceptable level as determined by City staff. If a second noise disturbance arises during the event, I may be directed to shut down the music or entertainment for the remainder of the event. Email application and plans to: dbspecialevents@daniabeachfl.gov. Site Plan must include the following with application: 1.ALL events – Event Site Plan & Narrative – show stages, restrooms, fencing, tents, etc. 2.Closed Roads – Maintenance of Traffic Plan – show barricades, directions, cones, etc. 3.Transportation Plan – show transportation options for attendees. 4.Security needs – Security Plan – detail how event coordinator will manager security. Event Coordinator Signature Date PART VI: SUBMISSION 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: May 28, 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 One of our many goals is to enhance and augment our programming. Additionally, we want to explore ways to cast a wider net regarding communications with our community and ensuring we listen just as well as we inform! CORE Conversations will be held on the 3rd Tuesday of the month from June to October! See attached for our new program and schedule. Return on investment is something that this administration greatly values, and we are appreciative of the ongoing support from this City Commission particularly as we seek new positions to ensure we are delivering excellence in areas of municipal services. Human Resources plays a most significant and vital role in the recruitment of talent, and this could not be more evident in the hiring of our Marketing and Communications Division Director Nanette and Public Information Officer Sussette! This month at the State Conference our “Pioneer” Community Newsletter received the 1st place award by the Florida Municipal Communications Association! There were 180 entries/ nominations in 5 categories and Dania Beach placed 1st! Kudos to our outstanding communications duo and all the departments providing key information for our award winning “Pioneer”! On May 9th, we cut the ribbon on the Born Learning Trail project and on May 16th, we made the front cover of the Sun Sentinel (see attached). The relationships established that we continue to build, and nurture are the reason behind our increased coverage in the media be it print or television! Doing great things is great, however ensuring we get the word out is outstanding! Seeking benefits for our community via grants and partnerships is something this administration has perfected as tens of millions of dollars have been sought out and received for a multitude of projects citywide! Additionally, we are bold in our asks of local developers! Recently at a meeting with CEO Joe Milton, I was able to negotiate successfully to the tune of a quarter million dollars for a storm drainage design for all of Gulfstream Road. It was also a teaching opportunity for many members of our City team participating in the meeting. Additionally, via a meeting with Edward Abbo and Community Development Director Eleanor Norena regarding the usage of our city garage, CEO Edward Abbo has agreed to design and build the additional 2 stories at our parking garage on his dime! It was a pleasure working with Eleanor in the ask from Mr. Abbo! Working with CEO Marty Caparrros from Atlantica and communicating to him our desire for more ownership opportunities versus rentals in our City at the commencement of his project on Dania Beach Boulevard, last month in our meeting together he informed me that the project will now have 124 units for sale! I have been in communication with Fransisco Rojo, CEO of Landmark/ City Place affordable housing project who funded phase 1 of our future Veterans Park. There have been some delays in electrical components, however the project remains on track for a certificate of occupancy this calendar year. This fall the lease agreement information will be available and we will work closely with Mr. Rojo to get the word out. Public Services is working on beautifying our City (planting trees, pruning existing canopy) as we prepare for this November’s Birthday Bash and numerous ribbon cutting ceremonies at Nyberg Swanson, IT Parker, Art Park, etc. Additionally, pressure cleaning and painting projects are also part of our Citywide initiatives. While the restoration project of the Women’s Club house won’t commence until we complete the Nyberg Swanson house, we will be painting and landscaping our Historic Women’s Club house and ensure our complete City Hall campus is looking its best. We have started the mural project at the future Art Park and it’s looking beautiful. Additionally, we are working with procurement to order the new sign for the park and this summer we will unveil the sign and cut the ribbon on another amazing project in our City! This past May 16th, I participated along with all designated city employees in one of two mandatory Cybersecurity Training programs sponsored by our IT Division Director Darryl McFarlane in partnership with FIU’s Institute of Public Policy. This is part of our ongoing proactive efforts to protect our City! Kudus to Darryl as the training was truly outstanding! COMMUNITY OUTREACH RESIDENT ENGAGEMENTC RE CONVERSATIONS 954.924.6800 daniabeachfl.gov TUESDAYSTHIRD 6 - 7 PM OF THE MONTH June - October City Manager’s Office BSO Law Enforcement & Fire Rescue Public Services Permitting Parks & Recreation Code Compliance We are hosting a new series of community conversations citywide to engage with you at a nearby park this summer. Members from the following areas will be in attendance: JOIN US. LET’S TALK. * Weather permitting June 18 Meadowbrook II Recreation Center 322 SE 10 Street July 16 PJ Meli Complex Center 2901 SW 52 Street August 20 Melaleuca Park (Northside Garden)* 850 NW 10 Street September 17 Chester Byrd Park* 1021 SW 12 Avenue October 15 C.W. Thomas Community Center 100 NW 8 Avenue CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM Page 1 of 3 DATE: May 28, 2024 TO: Ana M. Garcia, ICMA-CM, City Manager VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager FROM: Eleanor Norena, CFM, Community Development Director RE: Manager’s Monthly Report – April 2024 – Community Development Department The following is a summary of Community Development Department activity during the month of April 2024. Community Development Special Projects: Development Projects Map. The Development Map provided on the City’s website has been updated with the assistance of the Department’s GIS consultants. This map shows the location of recent site plans that have been approved along with the current stage of development and a story board showing an image of each project as well as a project description. Updated School Mitigation Agreement. Staff is currently working with our consultant and Broward County School Board staff to create an updated School Mitigation Agreement, as is required by the Broward County Board of County Commissioners conditional approval of the City’s Future Land Use Element establishing additional Regional Activity Center dwelling units. This agreement will require City Commission approval first, then must be approved by the Broward County School Board and finally by the Broward County Board of County Commissioners. Mico-units. Staff is working with a consultant to research a possible text amendment that would define and allow micro-units in the City as an alternative housing unit type. Call to Artist. Staff are working with the Public Art Advisory Board to establish an artist roster of pre- qualified artists. The City Commission approved publication of a Call to Artist for the purpose, on January 9, 2024. This Call to Artist closed on April 30, 2024, with 226 applications submitted. The Public Art Advisory Board will vet the application submittals to ensure they meet minimum qualifications. Building Division: The Building Department reviewed and issued 197 building permits and conducted 1,466 inspections. The Department issued one mobile home Certificate of Occupancy. Manager’s Monthly Report – April 2024 Page 2 of 3 Planning and Zoning Division: SP-006-22 DANIA OAKS PHASE III: This project is a previously approved site plan for the construction of 57 townhomes. The modification request is to build 14 new townhomes. The project is currently being reviewed by DRC. SP-016-22 DANIA PLAZA SITE PLAN: This site plan is for the construction of a new seven (7) story hotel with 79 rooms. This project is currently being reviewed by DRC. SP-035-22 KINGHEAD SITE PLAN: This site plan request is for a new 14-story, 216-unit multifamily development. The project is currently being reviewed by DRC. SP-025-22MOD 101 Dania Apts. Phase II: This project is a previously approved site plan for the construction of a 102-unit multi-family. The modification request is to remove the previously proposed 22,000 SF of office space, relocate the connection bridge from the 4th to 5th floor, increase th e heights of the 2nd,3rd, and 4th elevations, relocate the L/W units from the first floor to the 6th floor to create retail space on the first floor, and enclose second and third-floor terrace/open space to meet the tenant’s (LA Fitness) minimum square feet requirements total of 36,510 SQ FT. The project is currently being reviewed by DRC. Miscellaneous Zoning Activities: The Zoning Division processed 32 new Certificates of Use applications for new businesses in the City for the month of April. The Zoning Division processed, inspected, and approved two new Vacation Rental Certificates and issued zero renewals of existing operating Vacation Rentals for the month of April. Code Compliance Division: Code Compliance staff continue to monitor the City Downtown City Center focusing on blite, graffiti, illegal signage, and dumpster enclosures. Code continues to address RV and commercial vehicles throughout the City. This month 5 code actions were taking regarding these issues. A total of 86 complaints were submitted this month into the City’s Ask Dania Beach App and were addressed and inspected by Code staff. Code continues to work with Public Services to address bulk trash and nuisances’ issues throughout the City. A total of 30 code actions were issued this month. The Code team continues to work with BSO to enforce any noise violations and address any homeless issues. Manager’s Monthly Report – April 2024 Page 3 of 3 Code received nine noise complaints in the month of April; please see log below: Date Address Type of Noise Code Officer Resolution 4/1/2024 211-213 SW 12 St Unspecified noise all night Alberto Chavarria Unfounded; unable to contact complainant due to insufficient contact info. 4/14/2024 2531 SW 58 Mnr Constant loud music Michelle Shahryar Unfounded 4/15/2024 421 S Federal Hwy Heavy duty truck operating 11pm-1pm at property. Christina Caserta Unfounded 4/17/2024 212 SW 13 St – Alleyway bet. 12th St & 13th St Three dogs barking every day. Alberto Chavarria Unfounded 4/18/2024 500 NE 2 St Work w/o permit – making a lot of construction type noise. Christina Caserta Unfounded 4/18/2024 25 NW 10 Ct #109 Unspecified Noise Anson Westberry Unfounded 4/20/2024 401 SE 5 St Music N/A Code rec’d BSO police report. Complaint was prior to 11pm and BSO was unable to substantiate if the music could be heard from 100 Ft. 4/24/2024 2797 SW 46 St Noise complaint generated from Airbnb Michelle Shahryar BSO responded to complaint, noise complaint unfounded. Property was cited for operating w/o a vacation rental certification. 4/30/2024 5550 SW 40 Ave Loud Music Ricky Ali Irreparable Violation Notice issued. Will go to June 20th Special Magistrate Hearing. Beach Ranger and Parking Division: • Beach Rangers patrol downtown City Center and all active construction sites for any parking, and noise violations. • Staff reported three violations at the beach in the Ask Dania Beach App including safety issues, and aesthetics. • Staff is continuing to monitor the pier, parking lot and sand areas to address violations which include, but are not limited to, placement of tents, smoking, bonfires, and dogs. 578 violations were observed and addressed. • Beach Rangers are monitoring the marina for any unauthorized activity and any maintenance concerns. • Beach Rangers continue to work with BSO Homeless Outreach to address homeless issues at the beach. CITY OF DANIA BEACH HUMAN RESOURCES DEPARTMENT MEMORANDUM DATE: May 15, 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. Open Recruitment • Records Specialist • Accounting Specialist • Senior Planner • Planning Associate • Water Treatment Plant Operator • Recreation Programs Manager Interview/Offer Process • Summer Camp Counselors (2) • Summer Camp Site Supervisor • Community Events Coordinator • Recreation Leader • Park Custodian Background Process • Cemetery Assistant • Recreation Assistant (3) • Summer Camp Counselors (2) • Equipment Operator- Beam Team (2) • Business Attraction and Investment Manager • Controller Page 2 of 3 Recent Hires/Status Changes • Risk Management and Talent Acquisition Specialist • Human Resources Administrator • Recreation Program Coordinator I • Community Events Liaison • Cemetery Assistant • Division Manager, Athletics • Procurement Specialist • Marketing and Communications Interns (2) During the month of April, we welcomed two new members to our team. These two new members complement our team and bring many years of HR expertise to the City. The market continues to be tight and presents some challenges to recruit the best-qualified candidate, especially for competitive positions. We continue to look for ways to attract the best candidates to the City and move swiftly to make placements. However, we do not compromise our standard of excellence. The goal is to guide the managers in their hiring decisions and ensure they select the best candidate, based on these requirements and who will adhere to the RISE principles and fit within City culture. Training and Development On April 11, we conducted the second quarter onboarding session and 16 new team members attended. This session provides an opportunity for each new team member to meet and learn about how each City Department operates. On the same day, we held a “Call-Back” session with 7 employees who have been with the City for 3-6 months. During the Call Back session, we asked those team members to provide feedback on what is going well for them and discuss any opportunities for improvement. We received great feedback, which was shared with the department leaders. Team Member Events On April 25, we held our first “Take Your Kids to Work Day” Event at City Hall and we had approximately 25 participants. The event was a great opportunity for our team members to showcase their workplace and allowed the team to give the kids a meaningful experience with City. The feedback was fantastic! Risk Management, Wellness and Safety As we continue to invest in the well-being of our team members and foster a healthier workforce. We have planned a series of wellness events “Thriving Thursdays” during the months of May through September. The first event was held on May 9. These Thriving Thursday’s events will be held from 11am-2pm and are designed to provide opportunities for team members to relax, rejuvenate, and focus on mental health and well-being. Team members had the opportunity to participate in services such as acupuncture, chair massages, foot massages, games & nourishing snacks. Additional services may be added as we progress through the series. Page 3 of 3 Compensation and Benefits We have completed the implementation of the Memorandum of Understanding (MOU) with the union regarding offering overtime for special events for all employees. We worked closely with the Finance team to ensure that timekeeping codes were created to appropriately track resources utilized for event clean up. The new process to request overtime was already utilized for the April events. The MOU allows non- exempt employees from every city department, the opportunity for additional overtime. We submitted the annual PEPIE salary survey for the City and we are awaiting the final results that will include approximately 100 cities. Once we receive the results we will review our compensation plan for salary competitiveness within the government sector in Florida. Continuous Improvement Projects We are currently working through one more project with our IT partners: • Bulk Upload of documents into Laserfiche – Working with vendor to finalize name recognition format. This will provide for automated signature and document filing for policy and communication update. 1 CITY OF DANIA BEACH PARKS AND RECREATION DEPARTMENT MEMORANDUM DATE: May 17, 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 – Demolition has begun. An asphalt sealer was placed over a portion of the basketball courts in the southwest corner of the site to prepare the area as the staging/parking area for the project. Permits are continuing to move through the process. We received the Broward County Stormwater Permit. Bermello Ajamil is responding to comments on the site permit and the demo permit for the demolition of the pool, restrooms and concession stand is awaiting approval of the submitted asbestos reports by Environmental Protection Department for final approval. • IT Parker – Construction is underway and going smoothly. • Mullikin Park – Kimley-Horn has submitted their 75% design plans for the project. Staff have reviewed and provided feedback. Kimley-Horn is making the necessary adjustments to complete the 100% design. • Olsen Middle School – The amended agreement was approved by the City Commission on April 9th and will go before the school board for approval on May 21st. Once the school board approves the amended agreement, we can go out to bid for the design of the project. 2 • Chester Byrd Park – staff has submitted the FRDAP grant application for funding of Chester Byrd Park. • PJ Meli Park – The amended agreement was approved by the City Commission on May 14th and will go before the school board for approval on May 21st. Once the school board approves the amended agreement, we can go out to bid for the design of the project. The Department wrapped up the first year of the revitalized Dania After Dark with the Blues & BBQ event on April 13th and the Taste of Dania Beach event on May 11th. Both events were a huge success, and we look forward to the growth of these events next year. The 3rd annual Earth Day Beach Cleanup was held on April 22nd. While the weather did not cooperate with us, the event looked fantastic and was on par to be a great event with great attendance. On Wednesday May 8th we partnered with United Way Broward and Rebuilding together to install the first ever Born Learning Trails trail in Broward County at Tootie Adler Park. This interactive park provides youth and parents the opportunity to get outside and actively learn about colors, numbers, letters, shapes, sounds, etc. The ribbon cutting event was held on Thursday, May 9th. The beach has been dealing with increased rip currents the past month with at least 2169 preventative actions being conducted. Lifeguards took the mandatory bi-annual requalification physical test. Chief Michael Huck is participating in a swift water course in North Carolina forming a basis for creating an advanced swift water team to work in sync with BSO Fire Rescue in the near future. Ocean Rescue Report: • Rescues – 0 • Medical – 3 • Law Enforcement Calls – 4 • Missing Persons – 1 • Wildlife or Domestic Rescues – 4 Spring Break Camp continues to be a popular camp amongst the community with 58 participants and 14 participants in our Teen Spring Break Camp. 3 Summer Camp registration opened at the beginning of April. Frost Parks is sold out at 83 participants, PJ Meli Park is sold out at 32 participants, CW Thomas has 3 participants spots left. The Summer Teen Camp is 4 weeks long with 41 teens currently registered. Registration has also opened for the 2024-2025 Rising Stars After Care Program. 37 participants have registered thus far. 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 • Gaming Club at CW Thomas Park • Youth Basketball League at CW Thomas/PJ Meli Park • Youth Football Skills and Drills at Frost Park • Senior Bingo at PJ Meli Park • Adult Kickball at PJ Meli Aquatic Complex • YAC at PJ Meli Aquatic Complex • Tot Time at PJ Meli Aquatic Complex • Karate at PJ Meli Aquatic Complex • Swim Team at PJ Meli Park • Waterpolo at PJ Meli Park • Tarpon Soccer at Frost Park • Kreation Station at Frost Park • Disc Golf Putting League at Frost Park Staff continue to evaluate 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 MARKETING AND COMMUNICATIONS DIVISION MEMORANDUM DATE: May 17, 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 April/May 2024: • Created promotional materials and marketed the Dania After Dark’s Blues & BBQ and Taste of Dania Beach events. • Promoted and covered the Spirit Airlines grand opening. (Media: WSVN/7 and WFOR/4) • Created promotional materials, marketed and covered the Earth Day Beach Cleanup. (Media: WFOR/4). • Created promotional materials, marketed and covered the Arbor Day Tree Giveaway. • Promoted and covered the BSO high-water vehicle press conference. (Media: WSVN/7, WTVJ/6-WSCV/51, WFOR/4, and Sun Sentinel.) • Created promotional materials and marketed a variety of recreational activities, programs and sports. • Promoted and covered the Born Learning Trail grand opening. (Media: Sun Sentinel). • Developing concepts, copy and materials for spring/summer Pioneer publication. • Continue to coordinate with Island Syndicate on the 120th commemorative book. • Analytics – o Email campaigns: 6,480 subscribers, 62% open rate and 5% click through. o Facebook: Reach, 62K; New followers, 139; Followers, 9.9K; Post engagement rate, 6.88%; Profile Reach, 115K o Instagram: Profile impressions, 27K; Reach, 28K; Page visits, 2K; New Followers, 515; Followers, 6.6K; Post engagement rate, 7.1% o X: Followers, 2.7K; Post impressions, 1,620; Post engagement rate, 5.52% o YouTube: Page video views, 1.5K; Subscribers, 517 o LinkedIn: Followers, 1,076; New Followers, 14; Page views, 234 CITY OF DANIA BEACH PUBLIC SERVICES DEPARTMENT MEMORANDUM FJR/fjr \continued… DATE: May 28, 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 – March 26 through May 23, 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 project is roughly 80 percent complete. The valves being installed 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, 20 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 – Completed. 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, actuators, new gear boxes and motor were installed and tested in April. Stormwater Master Plan (SWMP) – Chen Moore and Associates has continued the extensive data collection and analysis over the past two months. Their team has been mapping drainage basins, continuing to compile the inventory of existing structures, and employing computer models to conduct the analysis. Two more public workshops are scheduled for June and September, and the information and input received will be incorporated into the consultant’s 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 contract award to ATC Engineering is on the second May commission meeting’s agenda, and upon award the work is expected to begin in late June – early July. The project’s substantial completion expected by the end of calendar 2024. PUBLIC SERVICES ACTIVITIES – March 26, 2024 through May 27, 2024 Date: May 28, 2024 Page 2 of 2 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 new lighting. The bidding process for the work completed and PSD is in the final stages of contract finalization. A pre-construction meeting will take place by early June with work to start shortly thereafter. 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). The item will be on the City’s commission agenda on the first June meeting, and work may start in the late June/early July time frame, with completion expected before the end of calendar 2024. Nyberg Swanson House Refurbishing Project – The project work is expected to begin in early June, after approval of the County’s Historic Review Board. It will take roughly six months to complete, with projected to be substantially complete by early November. SE Drainage Project –The grant application submission received approval from the Florida Division of Emergency Management (FDEM) as well as the Florida Emergency Management Administration (FEMA) in mid-May. Upon receipt of the grant contract from Broward County, PSD will place it on the commission agenda for approval and execution (likely in the second May meeting or the first June meeting). Subsequently, Phase I of the project construction is expected to commence sometime between the latter part of June and early July. GRANTS Florida Division of Emergency Management (FDEM) – The City received a Notice of Funding Opportunity from the FDEM for the FY 2024 Emergency Operations Center Program. PSD is collaborating with other City departments in preparing a response. The grant fund amount is $637,195 with a $212,398 match. State of Florida Grant Information - PSD is reviewing grant information provided by Ron Book to identify grant opportunities tied to the City’s Capital Improvement Plan. CITY OF DANIA BEACH BROWARD SHERIFF’S OFFICE (BSO) EXTERNAL MEMORANDUM DATE: May 17, 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 March 20, 2024, through May 17, 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 05/17/2024, had virtual meeting with John Quintero and Colin Donnely on 04/29/2024 to get update on project. • Station 1 New Ceiling Tile replacement by City Team – This project is still ongoing as of 05/17/2024. • Fire Truck (Quint 1) our ladder truck is still being refurbished at Ten8 service center in Georgia. Final Inspection was conducted with site visit on 05/07-9/2024. Truck will be back in service by August 1. • Emergency Operation Center – Reviewed preliminary plans. • Working on SAFER Grant – met with Command staff at BSO and was assured that BSO Grants Management Division and their Legislative Affairs Liaison will assist. Had weekly meetings to review and file on time. CITY OF DANIA BEACH BROWARD SHERIFF’S OFFICE (BSO) EXTERNAL MEMORANDUM • Mandatory Captain and District Chief meeting with BSO Command Staff and Sheriff 04/23/2024 • City Directors meeting – Senior Staff • Earth Day Celebration attendance • High Water Vehicle Unveiling attendance • Arbor Day – Tree giveaway attendance • Dania After Dark attendance • Dania Beach Improvement Committee meeting attendance – Spoke about Fire projects and City Team, spoke on what firefighters did for fishing tournament • Emergency Coordinating Council meeting 05/01/2024 • Broward County 2024 Recovery Exercise – Broward Emergency Management 05/02/2024 • Broward County Board of Rules and Appeals meeting 05/09/2024 • High Water Boat project – Boat outfitting and training being developed • Swift Water meeting with Port Everglades District Chief Henbest, Mike Huck reference training on beach with crews • Fire Station Ipads updated with software for Hydrants and Fire Plans • Quote on High Rise and Standpipe training device for firefighters • Moved 3 fire inspectors office to Fire Station 17, and DC Pellecer office to Station 1 • Fire Station 1 Bay Floor Resurfacing, scheduled for last week in May. • New Fans for Bay area installation completed. • Firefighter Bunker Gear Lockers at Station 1 installed • Bunker Gear Dryer at Station 1 installed at Station 1 • Thermal Imaging Cameras for Crews will be installed on all Fire Trucks and Rescues • Continue to prepare for ISO visit in 2024. • New EMS Cart in service at Station 1 and will be used at City Events. Training during this period – ISO Hydrant Testing and Target Hazard reviews by all crews at FS1 and FS17. Annual Pump Testing for all Fire Trucks, Annual Ladder Testing for all Fire Trucks, EMS Company training – Medical Protocol review, Bi-Annual Bunker Gear cleaning, ALS and BLS re-certification by all personnel Community Outreach – Spring into Car Seat Safety – Child Passenger Seat Technician Class – Dania Beach Conference Room Take your Kids to work day – Fire Team provided activities and giveaways CITY OF DANIA BEACH BROWARD SHERIFF’S OFFICE (BSO) MEMORANDUM DATE: May 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 – April 2024 Below are the monthly crime reports for part 1 crimes from 4/10/2024 to 5/8/2024: Notable Increases/Decreases When compared to the previous report: • Overall, part 1 crimes increased mostly caused by an increase in auto thefts and burglaries. We are currently running an auto theft and burglary operation. • Like last period, no robberies were reported. • Thefts in general increased slightly, by 4%. • Thefts of motor vehicle parts and retail thefts both decreased, by 25% and 10% respectively. Total Arrests • 59 arrests made by Road Patrol • 27 arrests made by the Crime Suppression Team • 7 arrests made by Criminal Investigations Notable Arrests/Initiatives • A suspect was arrested after posting vehicles for rent on Facebook. He would accept the rental payment but didn’t own the vehicle. • A suspect was arrested after burglarizing a vehicle and selling the stolen iPad to an ecoATM. • Three stolen vehicles were recovered. • A suspicious person was located and stopped in the NW section and on his person CST detectives located a fully loaded AK-47 rifle. Motors/Commercial Vehicle Enforcement • Enforcement remains focused along 700 block of SE 3rd Ave, 5300 SW 40th Ave, 500 SE 5th Ave and 5300 block of Anglers Ave. • 42 citations and warnings were issued during the last four weeks. • Two speed message boards, along with one speed trailer, are currently activated. 4/10/2024 – 5/8/2024 93 Homeless Outreach Team • A young mother, with three small children, were homeless. They were successfully reunited with her grandmother and uncle in Georgia. Various resources were utilized to provide them with a hotel room, bus tickets, and food/formula, until she was safely reunited. • An encampment was removed around 700 S Federal Hwy. BSO cleared out the occupants and the city will be removing the debris. • Chester Byrd Park and Mullikin Park are checked daily for violations. • A vacant home was occupied by a vagrant. The homeowner was notified and quickly responded to clear the debris and secure the residence. A trespass affidavit was obtained. • A family of three, including one child, were successfully reunited with their family in Virginia. Transpiration and food were provided. Neighborhood Support Team (NST) Follow-Up/Directives/Initiatives Autism Event – April 13, 2024 – Painting Outside the Lines is a Fine Art – NST Unit hosted their Annual Autism Painting event at Frost Park. This intimate/personal event (by choice) allowed participants to have one-on-one interaction with our DLE and FIRE staff. They also got to explore the FIRE truck. Special Olympics Law Enforcement Torch Run – April 24, 2024 – NST participated in this year’s Special Olympics Torch Run. The NST Unit was able to raise $3,200.00. The total raised for the entire county is $82,000. All proceeds collected goes to the athletes for the special Olympics. Passover Holiday – NST responded to all synagogues within the city prior to the Passover Holiday to obtain schedule of services and to let Rabbi’s know that safety remains a top priority during this time. We can proudly say we had no issues during the Passover holiday at any religious institutions. Meetings Zoom/In Person • April 10, 2024 – Dania Beach Chamber Meeting – 12:00pm • April 11, 2024 – Dania Beach C.O.P. Meeting – 5:00pm • April 17, 2024 – Estates of Ft Lauderdale POA Meeting – 7:00pm • April 22, 2024 – Dania Beach Earth Day/Beach Cleanup – 4:00pm • April 23, 2024 – Sheldon Mobile Home Park Site Visit – 10:00am • April 25, 2024 – Take your Child to Work Day (City Hall) – 9:00am • April 26, 2024 – Dismas Charities Quarterly Meeting – 11:00am • May 6, 2024 – Estates of Ft Lauderdale Community Club Meeting – 7:00pm • May 7, 2024 – Griffin Civic HOA – 7:00pm • May 8, 2024 – Dania Beach Chamber Meeting – 12:00pm BROWARD SHERIFF’S OFFICE CITY OF DANIA BEACH CALLS FOR SERVICE – 240 ZONE 4/10/2024 – 5/8/2024 THERE WERE A TOTAL OF 243 CALLS FOR SERVICE FOR 240 ZONE WITHIN THE LAST FOUR WEEKS. THERE WERE A TOTAL OF 8 PART 1 CRIMES FOR 240 ZONE WITHIN THE LAST FOUR WEEKS. THERE WERE A TOTAL OF 61 NOISE COMPLAINTS FOR ALL ZONES WITHIN THE LAST FOUR WEEKS. TO: FROM : DATE: SUBJECT: Ana M. Garcia, City Manager, ICMA-CM Megan Jelaso Revenue Accountant May 1, 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: May 15, 2024 SUBJECT: Finance Monthly Report –April 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 April 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 146,194 193,243 154,789 February 490,813 588,953 263,641 March 281,847 202,690 159,520 April 283,429 356,512 175,277 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 2,111,193 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 1,512,755 February 3,032,058 2,846,825 1,776,397 March 3,313,906 3,049,515 1,935,917 April 3,597,334 3,406,027 2,111,193 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 Apri 2024 2021/22 2022/23 2023/24 Monthly October 101,582 130,026 203,967 November 75,146 95,694 156,460 December 102,321 104,713 115,640 January 91,751 164,030 162,393 February 107,375 102,648 179,664 March 145,848 209,333 294,283 April 183,397 172,853 308,344 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 1,420,751 2021/22 2022/23 2023/24 Cumulative October 101,582 130,026 203,967 November 176,728 225,720 360,427 December 279,049 330,433 476,068 January 370,800 494,463 638,460 February 478,175 597,111 818,125 March 624,023 806,444 1,112,407 April 807,420 979,297 1,420,751 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 - 50,000 100,000 150,000 200,000 250,000 300,000 350,000 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 April 2024 2021/22 2022/23 2023/24 Monthly October 52,575 50,313 51,495 November 45,411 43,917 49,561 December 52,271 50,942 45,928 January 45,906 58,345 52,190 February 308,830 294,357 259,466 March 59,863 73,487 66,698 April 59,852 63,945 63,244 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 906,740 947,320 588,583 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 51,495 November 97,986 94,229 101,056 December 150,257 145,171 146,984 January 196,163 203,516 199,174 February 504,993 497,873 458,640 March 564,856 571,360 525,338 April 624,708 635,305 588,583 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 March 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 111,125 117,710 114,070 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 1,444,481 722,948 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 672,161 703,845 722,948 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 6,126,822 - - 865,440 6,971,318 (850,593) 6,120,725 Construction Neighborhood Drainage Improvement Surtax, Stormwater 1,170,960 - - 3,000,000 4,170,960 (3,017,383) 1,153,577 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) - Completed/Waiting on Grant Reimbursement 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) - Completed/Waiting on Grant Reimbursement 9/30/2026 SW 43rd Terrace Stormwater Improvement PS-SW-0040 Transportation Surtax, Stormwater 2,297,468 2,076,876 220,592 - 2,297,468 (2,300,699) (3,231) Construction - Grant Revenue Received Nov 2023 Citywide Stormwater Master Plan/CDBG Mitigation PS-SW-0080 Stormwater, CDBG-MIT - 795,000 265,000 16,535 1,076,535 (1,045,940) 30,595 Design PJ Meli Drainage Project Stormwater 247,340 - - - 247,340 (247,340) - Construction Total Stormwater Fund Projects 9,842,590 2,871,876 485,592 3,881,975 14,763,621 (7,461,955) 7,301,666 Water Fund NW 1st Ave Water Main Stirling-City Hall N/A Water 431,730 - - - 431,730 (431,732) 0 Design AMI Water Meter System Water 265,540 - - - 265,540 (265,540) - Design Total Water Fund Projects 697,270 - - - 697,270 (697,272) 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 (271,335) - 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 499,800 9,369,678 404,918 - 10,274,395 (499,800) 9,774,595 Construction 9/30/2026 Lift Station Mitigation Phs III FDEP 8,339,000 4,169,500 4,169,500 - 8,339,000 - 8,339,000 Construction 9/30/2026 Total Sewer Fund Projects 12,275,559 13,539,178 4,574,418 4,013 22,054,167 (3,819,859) 18,234,308 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 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 7/31/2024 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 6/30/2024 CDBG 48th Year Solar Lights NA CDBG 177,575 24,000 - 201,575 - 177,575 Design 9/30/2023 HMGP Hardening Grant Police Generator NA HMGP 264,000 - - - 264,000 (19,450) 236,000 Design 5/31/2024 Mullikin Park NA FDEP 312,623 250,000 200,000 50,000 362,623 (69,163) 293,461 Design 6/30/2025 Watershed Master Plan Grant NA FEMA 100,000 25,000 75,000 100,000 - (50,000) 50,000 9/30/2024 Vulnerability Assessment NA FDEP 95,500 95,500 - - 95,500 - 95,500 NA Total Grants Fund Projects 949,698 3,588,850 569,150 150,000 4,412,198 (593,192) 3,886,456 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 2,500,000 - - 647,987 3,147,987 (1,659,133) 1,488,854 Construction Solar Street Lighting PS-RB-0040, PS- RB-0041, PS-RB- 0042, PS-RB-045 Capital, Bank Loan 1,305,462 - - 1,600,000 2,905,462 (1,216,495) 1,688,967 Construction Oasis XV - Capital Fund N/A Capital 270,000 - - - 270,000 - 270,000 NA Sidewalk Masterplan Tier 1 N/A Capital, ARPA, GF 400,000 - - 422,604 822,604 (822,604) 0 Construction Roadway and Median Electrical N/A Capital 200,000 - - 575,000 1,475,000 (507,027) 967,973 Construction City of Dania Beach: Master Capital Projects Summary as of 04-30-2024 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 04-30-2024 Beach Revitalization Phase II PS-BP-0050, PS- BP-0052 Capital 925,000 - - 801,798 1,726,798 (1,304,709) 422,089 Construction City Hall Restrooms PS-PB-0055 Facilities 188,654 - 188,654 (209,154) - Construction IT Parker Community Center Renovations ITPCC 2023 Facilities, Flood Insur. Proceeds, Fund Balance 125,000 830,671 955,671 (955,671) - Construction CW Thomas Park Phase I N/A Bank Loan, Capital 18,100,000 - - 6,042,980 24,227,452 (1,539,196) 22,953,761 Construction Corridor Master Plan N/A Capital 788,000 - - - 788,000 - 788,000 Design Olsen Middle School N/A Capital 500,000 - - - 500,000 - 500,000 Design Boisy Waiters Park Master Plan N/A Capital 100,000 - - - 100,000 - 100,000 Design City Hall Park N/A Capital 150,000 - - - 150,000 (26,500) 123,500 Construction City Hall Modernization Project N/A Capital 200,000 - - - 200,000 (159,690) 40,310 Design LPR System N/A Capital 600,000 - - - 600,000 (574,125) 25,875 PJ Meli Improvement - Aquatic Center Master Plan Capital 1,000,000 - 1,000,000 - 1,000,000 Total Capital Projects Fund 27,552,116 - - 10,921,040 39,257,628 (9,054,803) 30,488,830 Upcoming Projects Beachside Restroom Improvement PS-BP-0015 Capital 2,000,000 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 788,000 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 SW 52nd Street Drainage Improvement PS-SW-0041 Stormwater 1,200,000 Resilient FL RFP Fuel Facility Improvements PS-PB-0060 Capital 50,000 Construction NW 1st St Streetscape PS-RB-0070 Capital 250,000 RFQ 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 8,151,900 - - - - - - Out of Business/Inactive # of BTRs Dollar Amount Luis Floren 1 63.00$ Yacht Compliance Management LLC 1 346.25$ Total Out of Business/Inactive 2 409.25$ New Approved Applications # of BTRs Dollar Amount 5840 SW 37 Fort Lauderdale LLC 1 15.75$ Abba Tag and Title Service 1 441.25$ Advance Finish Corp 1 611.75$ All Marine Boat Auto Service 1 625.00$ Ruport LLC 1 546.25$ Blink Charging Co 1 131.25$ Buba Investments LLC 1 15.75$ Camden Land Partners LLC 1 600.63$ Carlos Rosenthal 1 15.75$ HJC Trading LLC 1 65.63$ CD Florida Properties LLC 1 15.75$ Cellulose Eldorado USA Inc 1 480.63$ Urban Select Realty Inc 1 480.63$ Davie Rental 102 LLC 1 31.50$ E & S Industies Inc 1 15.75$ Famous Cool Air LLC 1 520.00$ Foot Locker Retail Inc 1 940.00$ HLB Specialist LLC 1 467.50$ Hollywood International Services Inc 1 480.63$ JDR Group LLC 1 180.75$ Ligia Franca 1 118.13$ Olinda C Floren 1 31.50$ PB Dania Beach LLC 1 493.75$ Real Estate Inv Florida Corp 1 15.75$ Rodney B Harrison 1 31.50$ Seacor Island Lines LLC 1 480.63$ Sheshbesh 5 LLC 1 196.50$ Florida Investing and Trading LLC 1 580.63$ Y.E.S. Yacht Equip. & Supplies 1 480.63$ Total New Applications 29 9,111.17$ BTR Status # of BTRs Total Dollar Amount Open Renewals- Current Year 328 94,815.55$ Paid Renewals 2,901 1,019,689.15$ Total BTRs as of 02/29/2024 3,229 1,114,504.70 ** **includes license fee, fire inpsection & solid waste registration Business Tax Receipt Activity - April 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 .00 .00 2380.00 2,380.00 #5909 - Freeman Funeral Home Reservation of Burial Plot .00 .00 .00 .00 1500.00 1,500.00 #5924- Garcia Gimeno Reservation of Burial Plot .00 .00 .00 .00 200.00 200.00 #5862 - Love and Grace Funeral Home Reservation of Burial Plot .00 .00 .00 .00 3360.00 3,360.00 #5976 - John Hanks Memorial Services Reservation of Burial Plot .00 .00 .00 .00 1500.00 1,500.00 #5925 - Anthony R. Manuel Funeral Home Reservation of Burial Plot .00 .00 5710.00 .00 600.00 6,310.00 #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 #4410 - James C Boyd Funeral Home Reservation of Burial Plot .00 .00 3990.00 .00 .00 3,990.00 #4203 - McWhite's Funeral Home Reservation of Burial Plot .00 3990.00 2280.00 .00 .00 6,270.00 #4738 - Wright and Young Funeral Home Reservation of Burial Plot .00 .00 3990.00 .00 .00 3,990.00 #6195 - Richardson Mortuary Reservation of Burial Plot .00 .00 3990.00 .00 .00 3,990.00 #5182 - A Good Shepherd's Funeral Home Reservation of Burial Plot .00 11850.00 .00 .00 .00 11,850.00 #4786 - Dillard Josephine Reservaton of Burial Plot .00 .00 .00 .00 200.00 200.00 Cemetery Totals $0.00 $15,840.00 $19,960.00 $0.00 $37,455.00 $73,255.00 Bulk Trash Pickup .00 330.00 1620.00 .00 7004.00 8954.00 Bulk Trash Pk Up $0.00 $330.00 $1,620.00 $0.00 $7,004.00 $8,954.00 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 38,150.00 38,150.00 #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 $275,764.50 $275,764.50 #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 1,180.87 12,700.00 .00 16,206.24 55,179.43 85,266.54 $1,180.87 $12,700.00 $0.00 $16,206.24 $75,421.43 $105,508.54 $1,180.87 $28,870.00 $21,580.00 $16,206.24 $1,772,910.08 $1,840,747.19Grand 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 Miscellaneous Billing Invoice Aging Report Aging Date 04/30/2024 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 # 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 9 $25,630 April 9 $38,255 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 26 $1,225 2022-2023 April 13 $604 19 $663 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 399 $159,173 1883 $624,708 1673 $524,878 2023-2024 April 6 $300 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 422 $31,083 252 $19,322 339 $29,674 2021-2022 April 377 $5,988,032 264 $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 67,000 115,300 105,100 April 69,100 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 491 377 531 April 231 473 471 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%43.7%72.5%40.5%13.1%66.4%44.1%0.0%41.6%38.8% Smartphone 53.4%44.2%55.3%54.4%25.1%57.4%19.1%32.5%54.0%0.0%56.4%47.9% Tablet 1.8%5.0%2.2%1.9%2.2%2.1%0.8%1.2%1.6%0.0%2.0%7.3% Other 0.0%0.6%0.0%0.4%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 11,703 10,960 10,946 April 11,869 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 979 767 861 April 988 776 873 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 2023 FY2022 October 14,452.23$ 10,067.50$ 6,940.80$ November 11,121.83$ 11,339.44$ 8,678.89$ December 11,401.43$ 12,409.30$ 7,403.30$ January 12,953.63$ 11,755.07$ 10,348.96$ February 15,069.97$ 11,856.78$ 10,992.74$ March 12,091.93$ 11,032.47$ 12,964.70$ April 10,302.51$ 7,514.64$ 10,480.52$ May 11,120.90$ 10,160.84$ June -$ 12,405.61$ 11,336.27$ July -$ 10,289.44$ 11,575.17$ August -$ 10,380.86$ 8,117.21$ Septembe -$ 11,842.84$ 7,940.87$ FY 2022 FY 2023 FY 2024 $- $5,000.00 $10,000.00 $15,000.00 $20,000.00 Kiosk FY 2024 FY 2023 FY2022 Annual Budget 900,000$ 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 2,655.25 36,268.18 13,650.06 -1,058.93 2,330.35 25,489.54 81,452.31 Apr -38,177.74 14,093.61 -1,367.47 2,399.02 13,241.25 69,279.09 May - Jun - Jul - Aug - Sep - 15,755.44$ 259,463.07$ 86,959.91$ 11,901.60$ 8,353.19$ 17,636.26$ 84,673.33$ 485,605.30$ 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 885.08$ 12,089.40$ 4,550.02$ -352.98$ 776.78$ 8,496.52$ 27,150.78$ Apr -12,725.92$ 4,697.87$ -455.82$ 799.67$ 4,413.75$ 23,093.03$ May -$ Jun -$ Jul -$ Aug -$ Sep -$ 5,251.81$ 86,487.70$ 28,986.65$ 3,967.20$ 2,784.40$ 5,878.75$ 28,224.45$ 161,868.46$ 22,082.25$ 347,025.77$ 117,021.56$ 17,093.80$ 12,212.59$ 24,590.01$ 113,972.78$ 653,998.76$ 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 1,557.00 - 1,450.00 2,760.00 2,770.00 554.00 50 60 Apr 7,785.00 - 1,650.00 - 1,965.00 2,265.00 453.00 58 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$ 21,140$ 21,977$ 2,900$ 31,535$ 19,040$ 3,808$ 330 521 7%# 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%235,434 1,310,333 18% April 222,556 1,169,668 19%190,502 1,262,289 15%236,352 1,307,061 18% 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%223,230$ 1,260,802$ 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%397,067 2% April 363,125 390,781 7%398,812 2% 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%395,070$ 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 (Audited)426,700$ 28,875,722$ (Uses) / Additions: October - (838,552) November (6,800) (1,651,835) December (11,122) - January (27,950) - February (8,483) - March (6,200) - April (11,850) (1,000,000) May - - June - - July - - August - - September - - Sub-Total (Uses) / Additions (72,405) (3,490,387) Sub-Total Available 354,295 25,385,335 Other Considerations GFOA/City Commission 25% Reserve (13,000,000)est. Estimate of Availability at 09/30/24 354,295$ 12,385,335$ 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 (6,200) Loving Souls $200; BLC Scholarship $1,000;Collins Elementary Parade $5k April (11,850) $3k Olsen Middle Graduation, $3k Coast Guard Aux Rental, $500 Presige Club, $4k Earth Day Sculpture; $450 Special event fees May June July August September Balance Remaining 354,295$ City of Dania Beach General Fund Analysis of Fund Balance Balance 10/1/23 28,875,722 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 $40,409- Surplus Carry Over for lease of modular offices January February March April (1,000,000) CW Thomas GMP Funding May June July August September Total Uses (Sources)(3,490,387) Estimated Balance Available 09/30/24 25,385,335$ Other Considerations GFOA/City Commission 25% Reserve (13,000,000) est. Estimate of Availability at 09/30/24 12,385,335 MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, MAY 7, 2024 – 4:00 P.M. 1.CALL TO ORDER/ROLL CALL Mayor Ryan called the meeting to order at 4:00 p.m. Present: Mayor: A. J. Ryan IV Vice-Mayor: Lori Lewellen Commissioners: Joyce L. Davis Tamara James Absent: Marco A. Salvino, Sr. City Manager: Ana M. Garcia, ICMA-CM City Attorney: Eve Boutsis City Clerk: Elora Riera, MMC 2.DISCUSSION ON THE PROPOSED CLOSING OF OLSEN MIDDLE SCHOOL 2.1 RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ISSUED TO THE BROWARD COUNTY SCHOOL DISTRICT (BCSD), IN OPPOSITION TO THE BCSD’S PROPOSED CLOSURE OF OLSEN MIDDLE SCHOOL AND, ALTERNATIVELY, SUPORTING A BCSD DECISION TO TURN OLSEN MIDDLE SCHOOL INTO A K-8 OR A 6-12 SCHOOL; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Manager Garcia introduced the item. She commented that the City became aware of the possible closing of Olsen Middle School and touched on the achievements being made by the school. She explained that Vice Mayor Lewellen and Commissioner Davis attended the Town Hall and that she and Commissioner James attended virtually and represented the City. City Manager Garcia stated that the Commission is meeting today to take the steps in support of Olsen Middle School to ensure that the school is not closed. Minutes of Special Meeting Dania Beach City Commission Tuesday, May 7, 2024 – 4:00 p.m. 2 Commissioner James commented that she attended the Town Hall virtually and she is not in favor of any of the schools closing. She believes the school board has a responsibility to provide education to all students and where education is not determined by annual income. She met with the Superintendent and the City Manager where they expressed their concerns as well as possible solutions that can be taken such as a making the footprint smaller at Olsen, a parks program, and the City taking on some of the maintenance. She is ready to support the schoolboard in seeing how they can make it work together and she is willing to financially help the schoolboard in a way that will save their schools. Commissioner Davis thanked everyone for attending the meeting and for their support. She visits Olsen Middle School every week and this school is not just a school but is a family. She said that she will fight and does not want to be on the wrong side of history. Taking these students away from this environment at this age is detrimental and repurposing the school as a district office is heartbreaking. She understands that the enrollment needs to be addressed but there should be discussions regarding the public private partnerships. She commented that the enrollment at Olsen Middle has increased over 99 students where Attucks increased only by 16 and McNicol decreased by 6. She is willing to assist financially and invest further in order to save their school. Vice Mayor Lewellen first sent his condolences to Commissioner Salvino. She commented that she attended the town hall and explained what was discussed during the meeting. She stated that they discussed the different options for closing which were grade of the school, deterioration, enrollment, etc. What they did not discuss was development and increased population. She commented that the City has an interlocal agreement with the school to utilize the property for a park. She expressed her concern of not having a high school in Dania Beach and now they are wanting to take the only Middle School. She suggested expanding the middle school to a 6th through 12th grade to assist with enrollment during the town hall meeting. There is $47 million in taxpayer funding and none of those funds have been used on Dania Beach schools that need upgrading and improvements. Mayor Ryan commented that the commission is here as a united front. From every angle that it’s looked at, it is does not work with the projection of the City and the way it’s heading. Mayor Ryan commented on the increased development occurring in Dania Beach and the $47 million that the City pays to the schoolboard. He appreciates the schoolboard for their hard work and understands that they have a difficult job. He commented that Principal Giancarli has done a tremendous job at Olsen Middle school. He touched on the interlocal agreement with the schoolboard for the new park at the school. Discussion ensued on the different options. Mayor Ryan opened the floor for public comment and the following spoke: - Luis Rimoli – 902 Natures Cove - Jerry Lopez – 221 SE 3rd Street - Bob Adams – 330 SE 3rd Ter. - Mary Guerra – 245 SW 5th St. - Jeff Bryan – 136 NW 5th Ave. - Polly Jones – 701 W Dania Beach Blvd. Minutes of Special Meeting Dania Beach City Commission Tuesday, May 7, 2024 – 4:00 p.m. 3 - Shaquerius Levine – 709 Dania Beach Blvd. - Shelly Toth – 370 SW 31st Ave. - Sherry Pitts – 90 SW 8th Ave. - Casey Johnson – 4430 SW 23rd Ave. - Teondre Gonian – address not provided. - Hugo Chilo – 261 SW 4th St. - Laurie Capelo - address not provided. Mayor Ryan thanked everyone for coming to the meeting and showing their support. City Manager Garcia wanted to put on the record that the school has grown by 100 students in six months. If the school continues to grow, conservatively speaking, by 100 students then each year, by 2026 the school will have close to 900 students. Mayor Ryan read the title of the resolution into the record. Commissioner James made a motion to approve the resolution. The motion was seconded by Vice Mayor Lewellen which carried unanimously on voice vote. 7.ADJOURNMENT Mayor Ryan adjourned the meeting at 5:18 p.m. ATTEST: CITY OF DANIA BEACH ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR Approved: City of Dania Beach Public Services Memorandum DATE: 5/28/2024 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 SUBJECT: AUTHORIZATION TO EXECUTE AN AGREEMENT WITH ALLY ENGINEERING SERVICES, INC. FOR RFQ NO. 23-020 “CONSTRUCTION, ENGINEERING, AND INSPECTION SERVICES” FOR THE SE DRAINAGE PROJECT” Request: The Public Services Department (PSD) requests the adoption of a resolution authorizing the award of RFQ 23-020, “Professional Construction, Engineering and Inspection Services for Southeast Drainage Project.” Background: Since Federal Funds will be used in this project, the Florida Division of Emergency Management Services(FDEM) does not allow the City to use firms by utilizing a continuing services contract for the existing consultants. On August 25, 2023, the City issued a Request for Qualifications (RFQ) 23-020. On September 25, 2023, five firms (5) responded to RFP 23-020: Ally Engineering Services, Inc; Conemco Engineering, Inc., Craven, Thompson & Associates, Inc., R.J. Behar and Company, Inc., and Solid Consulting Engineers. The Bid Committee, consisting of the Deputy Director of Public Services, Public Services Project Manager, and the CIP and Grant Administrator, met on November 3, 2023, to review and evaluate the proposals, and the following is the ranking of the top 3 firms: (1) Ally Engineering Services Inc.; (2) Conemco Engineering, Inc.; (3) Craven, Thompson & Associates, Inc. On December 12, 2023, the Commission adopted Resolution 2023-150, approving the ranking of consultants for RFQ 23-020, and authorized the Public Services Department (PSD) to negotiate an agreement with Alley Engineering Services, Inc., the top ranked firm. PSD negotiated a contract with Alley Engineering Services, Inc. for construction, engineering, and inspection services for the Southeast Drainage Retrofit Project, Phase I in the amount of $798,624.75. Budgetary Impact That funding in the amount of $798,624.75 is appropriated and available within the Stormwater – SE Drainage Phase I Infrastructure Improvements other than Buildings Account 403-38-12-538- 63-10, which includes $36.432.00 in Contingency Funds. Recommendation It is recommended that the City Commission adopt the resolution authorizing the execution of a contract with Ally Engineering Services, Inc. to provide engineering, construction, and inspection services for the Southeast Drainage Retrofit Project, Phase I. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH ALLY ENGINEERING SERVICES, INC. FOR THE SOUTHEAST DRAINAGE PROJECT PHASE I CONSTRUCTION, ENGINEERING, AND INSPECTION (“CEI”) SERVICES PURSUANT TO REQUEST FOR QUALIFICATIONS (“RFQ”) NO. 23-020 IN THE AMOUNT OF SEVEN HUNDRED NINETY-EIGHT THOUSAND SIX HUNDRED TWENTY-FOUR DOLLARS AND SEVENTY-FIVE CENTS ($798,624.75); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach will soon begin construction of the Southeast Drainage Retrofit Project Phase I to improve the drainage in the Southeast area of the City; and WHEREAS, due to the Federal grant funding for the construction, the City must use an engineer to provide Construction, Engineering, and Inspection (CEI) services (the “Services”) separate from the engineering firm that designed the project; and WHEREAS, on August 25, 2023, the City issued RFQ No. 23-020 for the Services, and the selection committee ranked Ally Engineering Services, Inc. highest among all respondents; and WHEREAS, on December 12, 2023, the City Commission adopted Resolution No. 2023- 150 approving the ranking of the CEI firms and authorized the proper City officials to negotiate a contract with the highest-ranked firm Ally Engineering Services, Inc.; and WHEREAS, the Public Services Department negotiated a contract with Ally Engineering Services, Inc. in the amount of $798,624.75, comprised of $762,192.75 for CEI services and $36,432.00 in Contingency funds; and WHEREAS, the City Administration recommends that the City Commission approve the execution of a contract with Ally Engineering Services, Inc. for the Services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1.That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2.That the City Commission authorizes the proper City officials to execute a contract for CEI services associated with the construction of the Southeast Drainage Retrofit Project, Phase I with Ally Engineering Services, Inc. in the amount of Seven Hundred Ninety- 2 RESOLUTION #2024-______ Eight Thousand Six Hundred Twenty-Four Dollars and Seventy-Five Cents ($798,624.75) attached hereto as Exhibit A. Section 3.That funding in the amount of $798,624.75 is appropriated and available within the Stormwater – SE Drainage Phase I Infrastructure Improvements other than Buildings Account 403-38-12-538-63-10. Section 4.That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5.That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on __________________, 2024. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Joyce L. Davis ____ ____ Commissioner Tamara James ____ ____ Commissioner Marco Salvino ____ ____ Vice Mayor Lori Lewellen ____ ____ Mayor Archibald J. Ryan IV ____ ____ ATTEST: ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 1 AGREEMENT FOR CONSTRUCTION ENGINEERING SERVICES FOR THE SOUTHEAST DRAINAGE PROJECT This Agreement for Construction Engineering Services (“CEI”) for the Southeast Drainage Project (the “Agreement”) is made and entered into on _____________, 2024, by and between the City of Dania Beach, Florida, (the “City”), a Florida municipal corporation, located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, and Ally Engineering Services, Inc. (the “Consultant”) a Florida corporation whose principal place of business is 14400 NW 77 Court, Suite 303, Miami Lakes, Florida 33016. RECITALS: WHEREAS, pursuant to a competitive selection process in compliance with section 287.055, Florida Statutes, known as the Consultant Competitive Negotiation Act, the City has selected the Consultant to provide professional CEI services as set forth herein. NOW, THEREFORE, in consideration of the mutual promises contained herein and agreed upon by the parties, City and Consultant hereby agree as follows: SECTION 1. AGREEMENT DOCUMENTS The “Agreement Documents” means and includes the following: 1. Agreement (Executed) shall consist of the following documents, provided, however that if there is any conflict between the terms of the Agreement and the various components, including but not limited to the Consultant’s response to City, the Agreement is controlling. 2. City’s Request for Qualifications (“RFQ”) 23-020 is Attachment A. 3. Consultant’s Proposal i.e., response to RFQ 23-020 is Attachment B. 4. Grant agreements. This project will be partially funded by federal funds and as such Proposers should consider the compliance requirements contained in the Federally Funded Subaward and Grant Agreement, Agreement Number 4337-494-R between the City of Dania Beach and the Florida Division of Emergency Management, the grant requirements of which are provided as Attachment ‘C’; and Grant Agreement, Agreement Number 22FRP21 between the City of Dania Beach and the Florida Department of Environmental Protection, which I requirements are provided as Attachment “D”. The Respondent must carefully review and become familiar with the Grant Agreements conditions that govern this Agreement. All state and federal requirements (2 CFR §200.318 through 2 CFR §200.327) contained within the grant agreement are applicable to the respondent. 2 5. Consultant Services Authorization Any and all Agreement Modifications, Renewals or Extension issued subsequent to the execution of this Agreement and in accordance with the terms and conditions of this Agreement. The aforementioned documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement and repeated herein. The Services are identified and described in Attachment A (the Request for Qualifications RFQ #23-020), which Attachment is incorporated by reference into this Agreement. SECTION 2. SCOPE OF SERVICES AND RESPONSIBILITIES 1. The Consultant shall perform all of the work required and all Services set forth in the attached RFQ 23-020, and as further set forth in Attachment A and Attachment B (the Consultant’s RFQ response), including all necessary, incidental, and related activities required for full and complete performance of this Agreement, as well as compliance with applicable laws and City policies (the “Scope of Services”). 2. This Agreement does not delineate every detail and minor work task required to be performed by Consultant to complete the Project. If Consultant determines that work should be performed to complete the Project and, in Consultant’s opinion, that work is outside the level of effort originally anticipated, whether or not the Scope of Services identifies the work items, Consultant shall notify the Contract Administrator in writing in a timely manner before proceeding with the work. If Consultant proceeds with such work without notifying the Contract Administrator, the work shall be deemed to be within the original level of effort, whether or not specifically addressed in the Scope of Services. Notice to the Contract Administrator does not constitute authorization or approval by City to Consultant to perform the work. Any such work that would entail additional compensation to Consultant by City, or additional time for performance, shall require an amendment to this Agreement or a Work Authorization. Unless there is an executed amendment or Work Authorization or a dispute any work performed by Consultant outside the originally anticipated level of effort without prior written City approval shall be at no additional cost to the City. 3. Attachment A identifies the initial services related to the Project, and additional negotiations may be required for other phases or additional services. City and Consultant may negotiate additional services, compensation, time of performance, and other related matters, including for other phases of the Project. Notwithstanding the foregoing, City shall have the right to terminate negotiations at any time at no cost to City and procure services for other Project phases from any other source. 4. City shall assist Consultant by placing at Consultant’s disposal all information City has available pertinent to the Project, including previous reports and any other data relative to the Project. City shall arrange for access to, and make all provisions for, Consultant to enter upon public and private property as required for Consultant to perform its Services. City shall review any itemized deliverables and documents required to be submitted by Consultant and respond in 3 writing with any comments within the time set forth in Attachment A. City shall give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any material defect in the work of Contractor or Subconsultants, or other material development that affects the scope or timing of Consultant’s Services. 5. Consultant has familiarized itself with the nature and extent of the Agreement Documents for the Services to be performed, locality and all local conditions, facilities and laws and regulations and has resolved all issues, problems and conflicts prior to commencing any activity under this Contact. 6. Consultant agrees and understands that the City will compensate the Consultant only for services provided pursuant to the Agreement Documents and, that all cost incurred by the Consultant to perform services is the sole responsibility of the Consultant unless otherwise specified by the terms and conditions of the Agreement Documents. A. Consultant’s Responsibilities 1. Consultant shall provide professional CEI services to complete the scope of services to the satisfaction of the City for the duration of the Agreement. 2. Warranty of Performance. Consultant represents and warrants that it possesses the knowledge, skill, experience, and financial capability required to perform and provide all required and optional Services under this Agreement, and that each person and entity that will provide Services is duly qualified to perform such services by all appropriate governmental authorities, where required, and is sufficiently experienced and skilled in the area(s) for which such person or entity will render such Services. Consultant represents and warrants that the Services shall be performed in a skillful and respectful manner, and that the quality of all such services shall equal or exceed prevailing industry standards for the provision of such services. 3. Breach of Representations. Consultant acknowledges that City is materially relying on the representations, warranties, and certifications of Consultant stated in this article, and City shall be entitled to exercise any or all of the following remedies if any such representation, warranty, or certification is untrue: (a) recovery of damages incurred; (b) termination of this Agreement without any further liability to Consultant; (c) set off from any amounts due Consultant the full amount of any damage incurred; and (d) debarment of Consultant. 4. The Services required under this Agreement are to be performed by Consultant are those set forth in the Agreement Documents. 5. The Services required under this Agreement shall commence upon receipt and acceptance of a Notice to Proceed. 6. The Consultant agrees to obtain and maintain throughout the period of this Agreement all such insurance and licenses as are required by the Agreement 4 Documents and those required to do business in the State of Florida, including, but not limited to, all applicable licenses required by the respective state boards and other federal/state/local governmental agencies responsible for regulating and licensing for the Services to be provided and performed by the Consultant, Consultants employees, and subcontractors and its employees pursuant to this Agreement. 7. Consultant agrees that the Project Manager for the term of this Agreement shall be: Name: John Quintero Title: Project Manager Mailing Address: 100 W. Dania Beach Blvd. E-mail: jquintero@daniabeachfl.gov Office Phone: (954) 924-6808 ext. 3619 Cell Phone: (786) 510-1089 8. The Consultant agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the provisions of Services to be performed by the Consultant hereunder. The person selected by the Consultant to serve as the Project Manager shall be subject to the prior approval and acceptance of the City, such approval or acceptance shall not be unreasonably withheld. 9. Consultant agrees, within fourteen (14) calendar days of written request from the City, to promptly remove and replace from the project team the Project Manager, or any other personnel employed or retained by the Consultant, or any subcontractors or any personnel of any such subcontractors engaged by the Consultant to provide and perform services or work pursuant to the requirements of this Agreement, whom the City shall request in writing to be removed, which request may be made by the City with or without cause. 10. The Consultant has represented to the City that it has expertise in performing the services to be provided pursuant to the Agreement Documents and can provide such Service as required by the Project. 11. The Consultant agrees that all services to be provided by Consultant pursuant to this Agreement shall be subject to the City's review and approval and shall be in accordance with the Agreement Documents and generally accepted standards of professional practice in the State of Florida as well as in accordance with applicable laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or Services to be provided and performed by Consultant hereunder. In the event of any conflicts in these requirements, the Consultant shall notify the City of such conflict and utilize its best professional judgment to advise City regarding resolution of the conflict. 5 12. Consultant agrees not to divulge, furnish or make available to any third person, firm or organization, without City's prior written consent, or unless incident to the proper performance of the Consultant's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by Consultant hereunder, and Consultant shall require all of its employees, agents, and subcontractors to comply with the provisions of this paragraph. 13. Consultant shall supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the Agreement documents. 14. Consultant acknowledges that access to the Project site, to be arranged by the City for Consultant, may be provided during times that are not the normal hours of the Consultant. B. City’s Responsibilities 1. The City shall designate in writing a representative to act as the City's Representative with respect to the Project and the services to be rendered under this Agreement (hereinafter referred to as the "City's Representative"). The City's Representative shall have City transmit instructions, receive information, interpret and define City's policies and decisions with respect to Consultant's services for the Project. However, the City's Representative is not authorized to issue any verbal or written orders or instructions to the Consultant that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: a. The scope of services to be provided and performed by the Consultant hereunder; b. The time the Consultant is obligated to commence and complete all such services; or, c. The amount of compensation the City is obligated or committed to pay the Consultant. 2. The City's Representative shall: a. Review and make appropriate recommendations on all requests submitted by the Consultant for payment for services and work provided and performed in accordance with this Agreement; b. Provide all criteria and information requested by Consultant as to City’s requirements, for the event and issuance of a Notice to Proceed. 6 c. At request from Consultant, assist Consultant by placing at Consultant’s disposal all available information in the City’s possession pertinent to the Project and the Services to be provided. Provide notice to Consultant of any deficiencies or defects discovered by the City with respect to the Project or the Services to be provided by Consultant hereunder. d. Arrange for access to and make all provisions of the Consultant to enter the Project site to perform the services to be provided by Consultant under this Agreement; and, e. Provide notice to Consultant of any deficiencies or defects discovered by the City with respect to the Project or the Services provided by the Consultant herein. 3. For the purposes of this Agreement, the: City's Representative shall be: Name: Fernando Rodriguez, Public Services Department Title: Director Address: 100 West Dania Beach Blvd Dania Beach, Fl 33004 E-mail: frodriguez@daniabeachfl.gov Office Phone: 954-924-6800 ext. 3740 Project Engineer shall be: Name: Judeen Johnson Title: South Florida Water Leader Address: 7650 Corporate Center Drive, Suite 300 E-mail: Judeen.johnson@wsp.com Office Phone: (305) 514 -3166 Engineer of Record shall be: Name: Judeen Johnson Title: South Florida Water Leader Address: 7650 Corporate Center Drive, Suite 300 E-mail: Judeen.johnson@wsp.com Office Phone: (305) 514-3166 SECTION 3. TIME (a) The term of this Agreement shall be for the period beginning on June 10, 2024 and ending December 9, 2025. Time periods shall commence from the date of the applicable Notice to Proceed (NTP). Consultant shall perform the Services within the time periods specified in Attachment E, as follows: 7 Pre-Construction Phase 2 weeks NTP + 2 weeks Construction Phase 18 Months NTP + 18.5 Month Closeout Phase 2 weeks NTP + 19 Months (b) Consultant must receive a Notice to Proceed from the Contract Administrator prior to commencement of Services and any phase of Services under this Agreement. Prior to granting approval for Consultant to proceed to any phase, the Contract Administrator may, at the Contract Administrator’s sole option, require Consultant to submit the itemized deliverables and documents identified in Attachment B for the Contract Administrator’s review. (c) If the Contract Administrator determines that Consultant is unable to timely complete any portion of the Services because of delays resulting from untimely review by City or other governmental agencies having jurisdiction over the Project and such delays are not the fault of Consultant, or because of delays caused by factors outside the control of Consultant, City shall grant a reasonable extension of time for completion of the Services and shall provide reasonable compensation, if appropriate. It shall be the responsibility of Consultant to notify the Contract Administrator in writing whenever a delay in approval by a governmental agency is or experienced, and whenever a delay has been caused by factors outside of Consultant’s control, and to inform the Contract Administrator of all facts and details related to the delay. Consultant must provide such written notice to the Contract Administrator within three (3) business days after the occurrence of the event causing the delay. (d) If (a) Contractor fails to substantially complete the Project on or before the substantial completion date specified in its agreement with City, or (b) if Contractor is granted an extension of time beyond said substantial completion date and Consultant’s Services are extended beyond the substantial completion date through no fault of Consultant, then Consultant shall be compensated in accordance with Article 5 for all Services rendered by Consultant beyond the substantial completion date. (e) Notwithstanding Section 4.4, if Contractor fails to substantially complete the Project on or before the substantial completion date specified in its agreement with City, and the failure to substantially complete is caused in whole or in part by Consultant, then Consultant shall pay to City its proportional share of any claim for damages to Contractor arising out of the delay. The provisions for the computation of delay costs, damages, or any other amounts, whether direct or indirect, in the agreement between the Contractor and City are incorporated herein. This section shall not affect the indemnification rights or obligations of either Party otherwise set forth in this Agreement. (f) If Services are scheduled to end due to the expiration of this Agreement, at the request of the Contract Administrator, Consultant agrees to continue to provide Services for an extension period, not to exceed three months, upon the same terms and conditions as contained in this Agreement. Consultant shall be compensated for such Services at the rate in effect when the extension is invoked by City. To exercise an extension authorized by this section, the 8 Purchasing Director shall notify Consultant in writing prior to the end of the term of this Agreement. Services to be provided by the Consultant shall be commenced subsequent to the issuance and acceptance of a Notice to Proceed, from the City Representative for the services to be provided pursuant to the Agreement Documents. (g) Should Consultant be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of Consultant, and not due to its own fault or neglect, including but not restricted to acts of God or of public enemy, acts of government or of the City, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then Consultant shall notify City in writing no more than 24 hours after commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Consultant may have had to request a time extension. (h) No interruption, interference, inefficiency, suspension or delay in the commencement or progress of Consultant's services from any cause whatsoever, including those for which City may be responsible in whole or in part, shall relieve Consultant of its duty to perform or give rise to any right to damages or additional compensation from City. Consultant's sole remedy against City will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the Consultant, the services to be provided hereunder have not been completed within the schedule identified in the Work Authorization, the Consultant's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by Consultant. (i) Should the Consultant fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the City hereunder, the City at its sole discretion and option may suspend the Agreement until such time as the Consultant resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the City's satisfaction that the Consultant's performance is or will shortly be back on schedule. SECTION 4: NOTICE All notices, demands, requests or other communication shall be in writing and same shall be given by hand delivery, transmitting same by Federal Express or similar delivery method, or by registered or certified mail, postage prepaid, return receipt requested, addressed to the party at the address set forth below, or at such other address or addresses and to such other person or firm as City or Consultant may from time to time designate in writing. 9 AS TO CITY: Ana M. Garcia, ICMA-CM, City Manager City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 with a copy to: Eve A. Boutsis, City Attorney City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 AS TO CONSULTANT: Ally Engineering Services, Inc. 14400 NW 77 Court, Suite 303 Miami Lakes, Florida 33016 SECTION 5. AGREEMENT TERM, RENEWALS AND EXTENSIONS 1. Term: The term of this Agreement shall commence upon the date of execution effective the latest date signed by the parties and shall expire or before December 9, 2025. 2. Renewals: This Agreement may be renewed only as agreed to in writing by the City and the Consultant. The City reserves the right to evaluate the services provided and cost prior to the renewal of the Agreement to ensure cost are reasonable based on services and market rates. All renewals shall be in writing and agreed to by both parties. SECTION 6. CHANGES; MODIFICATIONS TO AGREEMENT 1. City may at any time by written order agreed by Consultant and signed by the parties, make changes to the general scope of this Agreement in the services to be performed. 2. No service shall be furnished by Consultant for which an additional cost or fee will be charged without prior written consent of City. 3. All modifications to this Agreement shall be in written form, signed by the parties except as provided herein. City may modify the Agreement unilaterally under the following circumstances: a) Pursuant to specific authorization if stated elsewhere in the Agreement; or b) For City administrative purposes that do not affect the rights of responsibilities of the parties, which may include but is in no way limited to changes of address. 10 4. The City and the Consultant agree that this Agreement together with the Attachments hereto, sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto in accordance with the Agreement. In the event of any conflict or inconsistency between this Agreement and the provisions in the incorporated Attachments, the terms of this Agreement shall supersede and prevail over the terms in the Attachments. 5. If the City so instructs in writing, the Consultant shall suspend work on that portion of the Scope of Work or Notice to Proceed affected by a contemplated change, pending the City's decision to proceed with the change. Consultant shall be entitled to invoice City for that portion of the work completed prior to receipt of the written notice. 6. If the City elects to make the change, the City shall initiate a Agreement Amendment and the Consultant shall not commence work on any such change until such written amendment is signed by the Consultant and the City. SECTION 7. INDEPENDENT CONTRACTOR Consultant is an independent contractor under this Agreement, and nothing in this Agreement shall be constitute or create a partnership, joint venture, or any other relationship between the Parties. In providing Services under this Agreement, neither Consultant nor its agents shall act as officers, employees, or agents of the City. Consultant shall not have the right to bind the City to any obligation not expressly provided for in this Agreement. SECTION 8. VENUE Venue for all actions arising under this Agreement, and all work pertaining thereto, shall lie in Broward County, Florida. SECTION 9. PROHIBITION OF LIENS Consultant is prohibited from claiming a lien on property owned by City. This prohibition shall apply to all subcontractors. SECTION 10. SEVERABILITY If any provision of this Agreement is determined to be illegal, invalid or unenforceable, such provision shall be deemed struck here from and all remaining provisions of the Agreement shall remain binding upon the parties. If any provision is struck under this Section, there will be added in lieu thereof, by written agreement between the parties, a provision as similar in terms to such struck provision as its possible which is legal, valid and enforceable. 11 SECTION 11. GENERAL MATTERS 1. Terms used in this Agreement which are defined in Section 13. Standard Terms and Conditions (STAC) of the Agreement shall have the meanings designated in the STAC. 2. The Agreement Documents, which constitute the entire Agreement between the City and Consultant, are listed in Section 1. 3. Consultant, in representing City, shall promote the best interest of City and assume towards City a duty of the highest trust, confidence and fair dealing. SECTION 12. COMPENSATION 1. Compensation and the manner of payment of such compensation by the City for services provided hereunder by Consultants shall be pursuant to Attachment E. 2. The total amount to be paid under this Agreement for the Services and deliverables pursuant to Consultant Service Authorization (“CSA), Attachment E, shall not exceed $798,624.75, unless otherwise approved in writing in accordance with the terms and conditions of this Agreement. 3. The Consultant shall submit an invoice sufficient for pre- and post-audit review, to the City for services provided during the invoice period. Each invoice shall provide a summary of the tasks performed under each Project deliverable. Invoices shall be submitted no more than monthly. 4. Invoices received by the City from the Consultant pursuant to this Agreement will be reviewed and approved in writing by the Agreement Representative, who shall indicate whether services were rendered in conformity with the Agreement Documents. The City Representative shall notify the Consultant in writing of any reason for not approving an invoice and request corrective action. 5. Approved invoices shall be paid within thirty (30) days following the City Representative’s approval. Payments will be process in accordance with the Florida Prompt Payment Act. 6. In order for both Parties herein to close its books and records, the Consultant will clearly state “FINAL INVOICE” on the final and last billing to the City for this Agreement. The final invoice shall also certify that al services provided by Consultant were performed in accordance with the Agreement Documents and all charges and costs invoiced to the City. Because the project account thereupon will be closed, any and other further charges not included on the final invoice are waived by the Consultant. Acceptance of the final payment by the Consultant shall constitute a waivers and liens against the City for additional payment. No travel and meal costs will be reimbursable unless incurred outside of Miami-Dade, Broward and Palm 12 Beach Counties, which costs shall be approved in writing in advance by the City. Any such costs are payable at the City reimbursement rate. 7. Any necessary additional work, as determined by City, which is not covered by the approved written proposal, shall not be undertaken without a written amendment to this Agreement executed by both parties in advance of any work. 8. Consultant shall submit its invoices in the format and with supporting documentation as may be required by City. SECTION 13. STANDARD TERMS AND CONDITIONS (STAC) A. DEFINITIONS Wherever used in these Standard Terms and Conditions or in the other Agreement documents the terms below have the meanings indicated which are applicable to both the singular and plural thereof. Addenda - Written or graphic instruments issued prior to the opening of responses which clarify, correct, or change the responding documents or the Agreement documents. Proposal - The advertisement or invitation calling for bids or proposals, instructions, and forms contained in the RFQ 23-020 (Consultant’s Proposal, all required forms, certifications and documentations as well as all addenda issued prior to receipt of Proposals). Consultant- Any firm, individual or entity and sub-contractors/sub-contractors submitting proposals in response to RFQ 23-020. Agreement Documents - The Agreement documents, agreement, addenda (which pertain to the Agreement documents), the Proposal (including documentation accompanying the response and any post-response documentation submitted prior to the notice of award) when attached as an Attachment to the agreement, these Standard Terms and Conditions, together with all amendments, modifications, and supplements. Consultant - The successful Consultant with whom the City has entered into the Agreement. Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. Written Amendment (or Modification) - A written amendment of the Agreement documents, signed by the City and the Consultant on or after the effective date of the Agreement documents. 13 Failure to Execute Required Forms – Failure to execute the required forms shall result in entity being disqualified and the response will be rejected. B. PARTS, MATERIALS, AND EQUIPMENT Unless otherwise specified in the Agreement documents, the Consultant shall furnish and assume full responsibility for all services, materials, equipment, labor, transportation, machinery, tools, and all other incidentals necessary for the completion of the work. C. COMPLIANCE WITH LAWS The Consultant shall comply with all applicable laws and regulations of federal, state and local governments. D. INTENT OF AGREEMENT DOCUMENTS If before or during the performance of the services to be performed under the Agreement, Consultant discovers a conflict, error or discrepancy in the Agreement Documents, Consultant immediately shall report same to the City in writing and before proceeding with the work affected thereby shall obtain a written interpretation or clarification from the City. E. INSURANCE REQUIREMENTS A selected Consultant shall not commence services under an Agreement until it has obtained all insurance required under this paragraph and as required by the Agreement, and not until such time that the coverages are approved by the Risk Manager of the City. The Consultant shall not allow any employee of Consultant or any subcontractor to commence services on any subcontract until the subcontractor and all coverages required of any subcontractor have been obtained and approved by the Risk Manager of the City. In addition, the Consultant shall be responsible for any and all policy deductibles and self-insured retentions. The following are requirements that must be met regarding the Consultant’s delivery of Certificates of Insurance for all coverages required in the Agreement and Proposal Documents: “Preliminary” certificate means that certificates of insurance verifying all general insurance requirements (as noted below) must be included with your Proposals submittal on the date and time of the opening of Proposals. If the “preliminary” certificates are not included with a submittal, then the City has the right to consider the submitted response as non-responsive on the date and time of the response opening. “Preliminary” Certificates may be issued without documentation of all “Special Provisions”. However, Consultants must understand that all provisions, including “Special Provisions” noted below, are expected to be fully documented on or attached to the “Official” Certificates of Insurance as described below. 14 “Official” Certificates of Insurance must be delivered to the City Clerk’s office and Risk Manager of the City. If the “Official” certificates are not delivered before or on the fourteenth (14th) Business Day after the issuance by the City of the “Notice of Selected Consultant”, then the City has the right to consider the awarded Agreement to the successful Consultant as void and to negotiate a Agreement with the next best qualified Consultant. “Special Provisions”, as referenced below under each type of insurance requirement shall be fully confirmed on or attached to the “Official” certificates. All Certificates of Insurance must clearly identify the Agreement to which they pertain, including a brief description of the subject matter of the Agreement. The certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30) days’ prior written notice has been given to City. If this coverage is not provided, then the Consultant is responsible for such notice to City. Insurance policies for required coverages shall be issued by companies authorized to do business under the laws of the State of Florida and any such companies’ financial ratings must be no less than A-VII in the latest edition of the “BEST’S KEY RATING GUIDE”, published by A.M. Best Guide. In the event that the insurance carrier’s rating shall drop, the insurance carrier shall immediately notify the City in writing. Coverages shall be in force until all services required to be performed under the terms of the Agreement, including any applicable warranty period, is satisfactorily completed as evidenced by the formal written acceptance by the City. In the event insurance certificates provided to City indicate that the insurance shall terminate and lapse during the period of the Agreement, including any applicable warranty period, then in that event, the Consultant shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverages for the balance of the period of the Agreement, including any extension of it, and including any applicable warranty period, is in effect. THE CONSULTANT AND ANY APPROVED SUBCONTRACTOR SHALL NOT PERFORM OR CONTINUE SERVICES PURSUANT TO THE AGREEMENT, UNLESS ALL COVERAGES REMAIN IN FULL FORCE AND EFFECT. ANY DELAY IN THE WORK CAUSED BY A LAPSE IN COVERAGE SHALL BE NON - EXCUSABLE, SHALL NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE SUBJECT TO ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE AGREEMENT OR ELSEWHERE IN THE RFQ DOCUMENTS CONCERNING DELAY. The Consultant shall secure and maintain throughout the duration of the Agreement, insurance of such types and in such amounts not less than those specified below as satisfactory to City naming the City as Additional Insured, underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. The insurance coverage shall be primary insurance with respect to the City, its officials, employees, agents and volunteers naming the City as additional insured. Any insurance maintained by the City shall be in excess of the Consultant’s insurance and shall not contribute to the Consultant’s insurance. The insurance coverages shall include at a minimum the amounts set forth in this section and may be increased by the Consultant as it deems necessary or prudent. 15 Commercial General Liability coverage with limits of liability of not less than a $1,000,000.00 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Consultant. The General Aggregate Liability limit and the Products/Completed Operations Liability Aggregate limit shall be in the amount of $2,000,000.00 each. Workers Compensation and Employer’s Liability insurance, to apply for all employees for statutory limits as required by applicable state and federal laws. The policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00 each accident. No employee, subcontractor or agent of the Consultant shall be allowed to provide services pursuant to this underlying RFQ who is not covered by Workers Compensation insurance. Business Automobile Liability with minimum limits of $1,000,000.00 per Occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles. Professional Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, single limit. Coverage shall apply for a minimum of three years following completion of the services. The above are minimum requirements for projects up to $100,000.00. For projects over $100,000.00, the following increased limits are required: • General Liability: $2,000,000.00 • Per Occurrence/$4,000,000 Aggregate • Automobile Liability: $2,000,000.00 • Professional Liability: $3,000,000.00 Per Occurrence F. WAIVER OF CLAIMS Consultant’s acceptance of final payment shall constitute a full waiver of any and all claims related to the obligation of payment by it against the City arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by the Consultant as unsettled at the time of the final payment. Neither the acceptance of the Consultants services nor payment by the City shall be deemed to be a waiver of the City’s right against the Consultant. G. TRUTH IN NEGOTIATION REPRESENTATIONS 1. Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement and that Consultant has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working 16 solely for Consultant, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 2. In accordance with provisions of Section 287.055(5)(a), Florida Statutes, the signature of this Agreement by the Consultant shall also act as the execution of a truth in negotiation certificate certifying that the wage rates, overhead charges, and other costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the Consultant's most favored customer for the same or substantially similar service. Should the City determine that said rates and costs were significantly increased due to incomplete, noncurrent or inaccurate representation, then said rates and compensation provided for in this Agreement shall be adjusted accordingly. H. TERMINATION OR SUSPENSION 1. Consultant shall be considered in material default of this Agreement and such default will be considered cause for City to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin and continue Services under the Agreement in accordance with the RFQ, (b) failure to properly and timely perform the services to be provided hereunder or as directed by City pursuant to this Agreement, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by Consultant or by any of Consultant's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement; or (f) Consultant’s failure to suitably or continuously perform the Services in a manner calculated to meet or accomplish the objectives in this Agreement or Work Authorization, or repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices; (g) by the Contract Administrator for any fraud, misrepresentation, or material misstatement by Consultant in the award or performance of this Agreement or that violates any applicable requirement of Section 1-81, Broward County Code of Ordinances; or (h) by the Contract Administrator upon the disqualification of Consultant as a CBE or SBE if Consultant’s status as a CBE or SBE was a factor in the award of this Agreement and such status was misrepresented by Consultant, or upon the disqualification of one or more of Consultant’s CBE or SBE participants by County’s Director of the Office of Economic and Small Business Development (OESBD) if any such participant’s status as a CBE or SBE firm was a factor in the award of this Agreement and such status was misrepresented by Consultant during the procurement or the performance of this Agreement; or (i) for any other just cause. The City may so terminate this Agreement, in whole or in part, by giving the Consultant a 30 calendar day written notice. If deficiencies are not corrected within the 30 calendar days, the City may, at its option, perform the required services or Agreement to have them performed and deduct the cost of those services from the agreement cost. In the event of such default and termination, any completed services performed by the Contractor under the agreement shall, at the option of the City become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. The Contractor, however, shall not be relieved of liability to the City for damages sustained by the City 17 by reason of any breach of the agreement by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the amount of damages due to the City from the Contractor can be determined. In addition to any termination rights stated in this Agreement, City shall be entitled to seek any and all available contractual or other remedies available at law or in equity. It is agreed upon that if the Consultant is adjudged bankrupt, either voluntarily or involuntarily, then this Agreement shall terminate effective the date and at the time the bankruptcy petition is filed. Upon such filing of Bankruptcy, Consultant will automatically be in default of this Agreement and the provisions of Article 9 will be enforced at City’s discretion. 2. If, after notice of termination of this Agreement as provided for in paragraph H.1 above, it is determined for any reason that Consultant was not, in default, or that its default was excusable, or that City otherwise was not entitled to the remedy against Consultant provided for in paragraph I.1, then the notice of termination given pursuant to paragraph I.1 shall be deemed to be the notice of termination provided for in paragraph I.3 below and Consultant's remedies against City shall be the same as and limited to those afforded Consultant under paragraph I.3 below. 3. City shall have the right to terminate this Agreement, in whole or in part, without cause immediately upon certified presentation of written termination notice. Presentations can be by certified mail, return receipt requested, or signed hand delivery receipt from a process service, private or Sheriff’s deputy. In the event of such termination for convenience, Consultant's recovery against City shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by Consultant that are directly attributable to the termination, but Consultant shall not be entitled to any other or further recovery against City, including, but not limited to, anticipated fees or profits on work not required to be performed. 4. Upon termination, the Consultant shall deliver to the City all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement. 5. The City shall have the power to suspend all or any portions of the services to be provided by Consultant hereunder upon giving Consultant a 30 calendar day prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the Consultant's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Agreement. I. PERSONNEL 1. The Consultant is, and shall be, in the performance of all work services and activities under this Agreement, an Independent Consultant, and not an employee, agent, or servant of the City. All persons engaged in any of the work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to the 18 Consultant's sole direction, supervision, and control. The Consultant shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the Consultant's relationship and the relationship of its employees to the City shall be that of an Independent Consultant and not as employees or agents of the City. 2. The Consultant represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the City, nor shall such personnel be entitled to any benefits of the City including, but not limited to, pension, health and workers' compensation benefits. 3. All of the services required hereunder shall be performed by the Consultant or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services. 4. Any changes or substitutions in the Consultant's key personnel, as may be listed in Consultant’s statement of qualifications, must be made known to the City's Representative and written approval must be granted by the City's Representative before said change or substitution can become effective, said approval for which shall not unreasonably be withheld. 5. The Consultant warrants that all services shall be performed by skilled and competent personnel to professional standards applicable to firms of similar local and national reputation. I. SUBCONTRACTING Consultant shall not subcontract any services or work to be provided to City without the prior written approval of the City's Representative. The City reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor and to inspect all facilities of any subcontractors in order to make a determination as to the capability of the subcontractor to perform properly under this Agreement. The City's acceptance of a subcontractor shall not be unreasonably withheld. The Consultant is encouraged to seek minority and women business enterprises for participation in subcontracting opportunities. Furthermore, all subcontractors shall be held to the same standards, terms and conditions of this Agreement Document. J. FEDERAL AND STATE TAX 1. The City is exempt from payment of Florida state sales and use taxes. The Consultant shall not be exempted from paying sales tax to its suppliers for materials used to fulfill contractual obligations with the City, nor is the Consultant authorized to use the City's tax exemption number in securing such materials. 19 2. The Consultant shall be responsible for payment of its own and its share of all federal, state and local taxes, including its employees' payroll, payroll taxes, and benefits with respect to this Agreement. K. OWNERSHIP AND MAINTENANCE OF DOCUMENTS 3. Upon completion or termination of this Agreement, all records, documents, pictures, maps, reports, computer assisted design other technical data, other than working papers, prepared or developed by Consultant under this Agreement shall be delivered to and become the property of City. Consultant, at its own expense. 4. The City and the Consultant shall comply with the provisions of Chapter 119, Florida Statutes, pertaining to public records. Consultant assumes no liability for the use of such documents by the City or others for purposes not intended under this Agreement. 5. Consultant will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by Consultant for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. 6. City, or any duly authorized agents or representatives of City, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. 7. In addition to other Agreement requirements provided by law, the Consultant shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in the City’s public records policy. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Consultant upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. 20 8. If the Consultant does not comply with a public records request, the City shall enforce the Agreement in accordance with Section H. hereof. 9. The Consultant shall be required to cooperate with the City and other consultants relative to providing information requested in a timely manner and in the specified form. Any and all documents, records, disks, original drawings, or other information shall become the property of the City for its use and/or distribution as may be deemed appropriate by the City. Consultant is no liable for any damages, injury or costs associated with the City use or distribution of these documents for purposes other than those originally intended by Consultant. Consultant shall comply with the public records laws embodied in chapter 119, Florida Statutes, and specifically shall: (j) Keep and maintain public records required by the City in order to perform the Scope of Services identified in the agreement. (ii) Upon request from the City provide the City with any requested public records or allow the requested records to be inspected or copied within reasonable time by the City. (iii) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and thereafter if the Consultant does not transfer all records to the City. (iv) Transfer, at no cost, to City all public records in possession of the Consultant upon termination of this Agreement and destroy any duplicative public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. If the Consultant keeps and maintains public records upon conclusion of this Agreement, the Consultant shall meet all applicable requirements for retaining public records that would apply to the City. (v) If Consultant does not comply with a public records request, the City shall treat that omission as breach of this Agreement and enforce the Agreement provision accordingly. Additionally, if the Consultant fails to provide records when requested, the Consultant may be subject to penalties under section 119.10, Florida Statutes and reasonable costs of enforcement, including attorney fees. 21 IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: Name / Title: ELORA RIERA, CITY CLERK Mailing Address: 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Telephone number: 954-924-9800, Ext. 3623 Email: eriera@daniabeachfl.gov M. INDEMNIFICATION a. The Consultant agrees to indemnify and hold harmless and defend the City, its officers, agents and employees against any loss, damage or expense (including all costs and reasonable attorneys' fees) suffered by City from any claim, demand, judgment, decree, or cause of action of any kind or nature arising out of any negligent error, omission, negligent act, recklessness, or intentionally wrongful act of Consultant, its agents, servants, or employees, in the performance of services under this Agreement. b. The Consultant agrees to indemnify and hold harmless the City, its officers, agents and employees against any loss, damage or expense (including all costs and reasonable attorneys’ fees) suffered by City from (a) any breach or misconduct by the Consultant of this Agreement, (b) any inaccuracy in or breach of any of the representations, warranties or covenants made by the Consultant herein, (c) any claims, suits, actions, damages or causes of action arising during the term of this Agreement for any personal injury, loss of life or damage to property sustained by reason or as a result of performance of this Agreement by the Consultant and the Consultant's agents, employees, invitees, and (d) Consultant acknowledges and agrees that City would not enter into this Agreement without this indemnification of City by Consultant, and that City's entering into this Agreement shall constitute good and sufficient consideration for this indemnification. These provisions shall survive the expiration or earlier termination of this Agreement. Nothing in this Agreement shall be construed to affect in any way the City's rights, privileges, and immunities as set forth in Section 768.28, Florida Statutes. c. Consultant acknowledges that the general conditions of any construction contract shall include language, satisfactory to the City’s attorney, in which the Consultant agrees to hold harmless and to defend City, Consultant, their agents and employees, from all suits and actions, including attorney’s fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the construction contract or work performed thereunder. City acknowledges that Consultant shall be expressly named as an indemnified party, and shall be held harmless, in the general conditions of any construction contract, and shall be named as an additional insured in any Consultant’s insurance policies. 22 d. The first ten dollars ($10.00) of remuneration paid to Consultant under this Agreement shall be in consideration for the indemnification provided for in this section. N. SUCCESSORS AND ASSIGNS The City and the Consultant each binds itself and its successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Except as above, neither the City nor the Consultant shall assign, sublet, convey or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the City which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City and the Consultant. O. REMEDIES AND GOVERNING LAW (1) This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement shall be held in Broward County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. (2) WAIVER OF JURY TRIAL. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO (a) THIS AGREEMENT, INCLUDING ANY ATTACHMENTS OR DOCUMENTS ATTACHED TO THIS AGREEMENT; (b) ANY OTHER DOCUMENT OR INSTRUMENT NOW OR HEREAFTER EXECUTED AND DELIVERED IN CONNECTION WITH THIS AGREEMENT; OR (c) THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. THIS WAIVER SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. P. CONFLICT OF INTEREST AND REPRESENTATIONS (1) The Consultant represents that it has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in the Code of Ethics for Public Officers and Employees (Chapter 112, Part III, Florida Statutes). The Consultant further represents that no person having any interest shall be employed for said performance. (2) The Consultant shall promptly notify the City, in writing, by certified mail, of all potential conflicts of interest for any prospective business association, interest or other circumstance which may influence or appear to influence the Consultant's judgment or quality of services being provided hereunder. Such written notification shall