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Home My WebLink About2024-09-24 Regular City Commission Meeting Agenda Packet AGENDA DANIA BEACH CITY COMMISSION FINAL BUDGET HEARING & REGULAR MEETING TUESDAY, SEPTEMBER 24, 2024 - 7:00 PM ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL TWO HUNDRED FIFTY DOLLARS ($250.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE: WWW.DANIABEACHFL.GOV. (ORDINANCE #2012-019; AMENDED BY ORDINANCE #2019-019) IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH, FL 33004, (954) 924-6800 EXTENSION 3624, AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS, WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF, OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. DECORUM POLICY FOR MEETINGS OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: INDIVIDUALS WHO WISH TO MAKE ANY “CITIZEN’S COMMENTS” UNDER THAT PORTION OF THE CITY COMMISSION AGENDA, OR WHO OTHERWISE WANT TO ADDRESS THE CITY COMMISSION, MUST FIRST BE REGISTERED WITH THE CITY CLERK (FORMS ARE AVAILABLE OUTSIDE OF THE CITY COMMISSION CHAMBERS AND MUST BE GIVEN TO THE CLERK BEFORE THE MEETING). OTHERS WHO WANT TO ADDRESS THE COMMISSION ON ANY MATTERS MUST FIRST BE RECOGNIZED BY THE MAYOR. ALL SUCH PERSONS MUST USE THE PODIUM IN THE COMMISSION CHAMBER. NO MORE THAN ONE PERSON AT A TIME MAY ADDRESS THE COMMISSION FROM THE PODIUM. COMMENTS ARE ONLY TO BE MADE TO THE CITY COMMISSION AND ARE NOT TO BE DIRECTED TO THE AUDIENCE OR CITY STAFF. NO INDIVIDUAL SHALL MAKE ANY SLANDEROUS OR UNDULY REPETITIVE REMARKS, OR ENGAGE IN ANY OTHER FORM OF BEHAVIOR THAT DISRUPTS OR IMPEDES THE ORDERLY CONDUCT OF THE MEETING, AS DETERMINED BY THE MAYOR. NO INDIVIDUAL MAY SPEAK DIRECTLY TO OR ADDRESS THE MAYOR, CITY COMMISSIONER OR CITY STAFF: COMMENTS ARE TO BE ONLY DIRECTED TO THE COMMISSION AS A WHOLE. NO CLAPPING, APPLAUDING, HECKLING OR VERBAL OUTBURSTS IN SUPPORT OF OR OPPOSITION TO A SPEAKER OR HIS OR HER REMARKS SHALL BE PERMITTED. NO SIGNS OR PLACARDS SHALL BE PERMITTED IN THE COMMISSION CHAMBER. IF ANY PERSON’S CONDUCT AS DETERMINED BY THE MAYOR IS FOUND TO BE DISRUPTIVE OR INTERFERES WITH THE ORDERLY CONDUCT OF THE MEETING, THE PERSON MAY BE ASKED BY THE MAYOR TO LEAVE THE COMMISSION CHAMBERS; IF THE PERSON DOES NOT LEAVE AND THE CONDUCT PERSISTS, THE CITY POLICE DEPARTMENT WILL BE REQUESTED TO ESCORT THE INDIVIDUAL FROM THE CITY COMMISSION CHAMBERS. ALL CELLULAR TELEPHONES ARE TO BE SILENCED DURING THE MEETING. ALL PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. (RESOLUTION #2020-032) 1. CALL TO ORDER/ROLL CALL 2. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE 3. BUDGET PUBLIC HEARING ITEMS Page 1 of 303 Agenda – Dania Beach City Commission Tuesday, September 24, 2024 - 7:00 PM Page 2 of 7 1. RESOLUTION NO. 2024-___ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING THE MILLAGE RATE NECESSARY TO BE LEVIED FOR THE FISCAL YEAR 2024-2025 FOR OPERATING PURPOSES; ESTABLISHING THE DEBT MILLAGE APPROVED BY THE ELECTORATE; PROVIDING FOR A PUBLIC HEARING WHEN AND WHERE OBJECTIONS MAY BE HEARD AND QUESTIONS CONCERNING THE SAME WILL BE ANSWERED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance) 2. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING THE CITY’S FINAL ANNUAL BUDGET FOR THE FISCAL YEAR 2024-2025; PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS WILL BE HEARD AND QUESTIONS CONCERNING THE BUDGET WILL BE ANSWERED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance) 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 1. Service Award - Louis Brown, Public Services Department - Sponsored by Commissioner James 2. Request for Approval of Proclamation - Hispanic Heritage Month - Sponsored by Vice Mayor Lewellen 5. PROCLAMATIONS 1. Human Resource Professional Day - Sponsored by Mayor Ryan 2. Childhood Cancer Awareness Month - September 2024 - Sponsored by Commissioner Davis 3. Hispanic Heritage Month - Sponsored by Vice Mayor Lewellen 6. ADMINISTRATIVE REPORTS 1. City Manager 2. City Attorney Page 2 of 303 Agenda – Dania Beach City Commission Tuesday, September 24, 2024 - 7:00 PM Page 3 of 7 3. City Clerk - Reminders - October 7, 2024 CRA Board Meeting - 5:30 p.m. - October 7, 2024 City Commission Meeting - 7:00 p.m. 7. PUBLIC SAFETY REPORTS 8. 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. 9. CONSENT AGENDA 1. Minutes: September 12, 2024 City Commission Meeting Minutes 2. Travel Requests: None. 3. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE RENEWAL OF THE COMPREHENSIVE PROPERTY & CASUALTY INSURANCE PROGRAM FOR THE CITY THROUGH RISK MANAGEMENT ASSOCIATES, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS, WHICH INSURANCE PACKAGE SHALL INCLUDE COVERAGE FOR PROPERTY, CRIME, LIABILITY, WORKERS’ COMPENSATION, AND OTHER COVERAGES TO INCLUDE THE NATIONAL FLOOD INSURANCE PROGRAM (“NFIP”), FOR A COMBINED ANNUAL PREMIUM AMOUNT OF TWO MILLION, TWO HUNDRED FIFTY- NINE THOUSAND SEVEN HUNDRED SEVEN DOLLARS ($2,259,707.00) FOR COVERAGE BEGINNING OCTOBER 1, 2024 THROUGH SEPTEMBER 30, 2025; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Human Resources) 4. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AND ACCEPT AN AGREEMENT WITH UNITED HEALTHCARE FOR THE CITY’S MEDICARE SUPPLEMENTAL INSURANCE COVERAGE, PROCURED BY THE GEHRING GROUP AS BROKER OF RECORD, FOR INSURANCE COVERAGE BEGINNING JANUARY 1, 2025 THROUGH DECEMBER 31, 2025 FOR MEDICARE ELIGIBLE RETIRED EMPLOYEES AND THEIR ELIGIBLE Page 3 of 303 Agenda – Dania Beach City Commission Tuesday, September 24, 2024 - 7:00 PM Page 4 of 7 DEPENDENTS THAT EXCEEDS AN ANNUAL VENDOR TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Human Resources) 5. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, TO TOLL ALL LIMITATIONS PERIODS ASSOCIATED WITH DANIA BEACH’S ABILITY TO SUE THE CITY OF HOLLYWOOD FOR THE ISSUES PERTAINING TO THE LARGE USER AGREEMENTS AS LITIGATED IN THE BROWARD COUNTY CIRCUIT COURT CASE STYLED CITY OF PEMBROKE PINES v. CITY OF HOLLYWOOD; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A TOLLING AGREEMENT TO PRESERVE THE CITY’S STATUTE OF LIMITATIONS CLAIM DURING THE PENDING APPEALS BY THE CITY OF PEMBROKE PINES AND THE CITY OF HOLLYWOOD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (City Attorney) 6. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT (“HMMOA”) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (“FDOT”) FOR THE IMPROVEMENTS MADE AS PART OF THE N. 22nd AVENUE/SW 12TH AVENUE PROJECT FROM STIRLING ROAD TO SHERIDAN STREET; 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 APPROPRIATION OF REVENUES AND EXPENDITURES WITHIN THE PUBLIC ART FUND FOR FISCAL YEAR 2024-25; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 8. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPLY FOR AND ACCEPT A BEAUTIFICATION GRANT AND ENTER INTO A BEAUTIFICATION GRANT, LANDSCAPE CONSTRUCTION, AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR EAST DANIA BEACH BOULEVARD; PROVIDING Page 4 of 303 Agenda – Dania Beach City Commission Tuesday, September 24, 2024 - 7:00 PM Page 5 of 7 FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) 9. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN ENGAGEMENT LETTER THAT EXCEEDS THE ANNUAL VENDOR THRESHOLD TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00), WITH RONALD L. BOOK, P.A., FOR CONSULTING (LOBBYIST) SERVICES RELATED TO ISSUES OF CONCERN TO THE CITY OF DANIA BEACH INCLUDING MATTERS ASSOCIATED WITH BROWARD COUNTY AS WELL AS GENERAL LEGISLATION AND RELATED ISSUES AT THE STATE LEVEL IN AN AMOUNT NOT TO EXCEED SIXTY TWO THOUSAND FIVE HUNDRED DOLLARS ($62,500.00) FOR FISCAL YEAR 2024-25; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (City Manager) 10. BIDS AND REQUESTS FOR PROPOSALS 1. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE RANKING OF FIRMS THAT RESPONDED TO REQUEST FOR QUALIFICATIONS (“RFQ”) NO. 24-015, ENTITLED “DESIGN SERVICES FOR P.J. MELI AQUATICS COMPLEX IMPROVEMENTS”, AND TO AUTHORIZE CONTRACT NEGOTIATIONS WITH THE TOP-RANKED RESPONDER; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE (Parks & Recreation) 2. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE RANKING OF FIRMS THAT RESPONDED TO REQUEST FOR QUALIFICATIONS (“RFQ”) NO. 24-019, ENTITLED “DESIGN SERVICES FOR OLSEN MIDDLE SCHOOL PARK PROJECT”, AND TO AUTHORIZE CONTRACT NEGOTIATIONS WITH THE TOP-RANKED RESPONDER; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE (Parks & Recreation) 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. 24-018, ENTITLED, “MULLIKIN PARK IMPROVEMENTS” TO BEJAR Page 5 of 303 Agenda – Dania Beach City Commission Tuesday, September 24, 2024 - 7:00 PM Page 6 of 7 CONSTRUCTION, INC., IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTEEN THOUSAND FOUR HUNDRED SIXTY-ONE DOLLARS ($615,461.00), PLUS FIFTY THOUSAND DOLLARS ($50,000.00) IN CONTINGENCY FUNDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Parks & Recreation) 4. RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE RANKING OF CONSULTING FIRMS THAT RESPONDED TO REQUEST FOR QUALIFICATIONS (“RFQ”) NO. 24-012, ENTITLED “DESIGN SERVICES FOR THE NW 1 STREET COMPLETE STREETS IMPROVEMENT PROJECT”, AND SELECTING KIMLEY-HORN & ASSOCIATES AS THE FIRST RANKED FIRM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) 11. QUASI-JUDICIAL & PUBLIC HEARING ITEMS: None 12. FIRST READING ORDINANCES 1. ORDINANCE NO. 2024-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PURSUANT TO SECTION 22-7A, OF THE CITY’S CODE OF ORDINANCES; AUTHORIZING CO-DESIGNATION OF A PORTION OF NW 2ND STREET, BETWEEN NW 4TH AVENUE AND NW 14TH WAY, BE KNOWN AS “NW 2ND STREET/HENRY N. WHITE, SR. STREET”, AFTER HOLDING TWO PUBLIC HEARINGS, AND AFTER A 4/5 VOTE OF THE ENTIRE CITY COMMISSION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) 13. SECOND READING ORDINANCES: None 14. DISCUSSION AND POSSIBLE ACTION: None 15. APPOINTMENTS 1. Education Advisory Board - 2 vacancies - Vice Mayor Lewellen - Commissioner James (Switched with Commissioner Salvino at 9/12/24 meeting) 2. Marine Advisory Board - 2 vacancies - Vice Mayor Lewellen Page 6 of 303 Agenda – Dania Beach City Commission Tuesday, September 24, 2024 - 7:00 PM Page 7 of 7 - Commissioner Salvino (Switched with Commissioner James at 9/12/24 meeting) 16. COMMISSION COMMENTS 1. Commissioner Davis 2. Commissioner James 3. Commissioner Salvino 4. Vice-Mayor Lewellen 5. Mayor Ryan 17. ADJOURNMENT Page 7 of 303 City of Dania Beach Finance Memorandum DATE: 9/24/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Frank DiPaolo, Chief Financial Officer SUBJECT: Approval of a Resolution adopting final millage rates for the Fiscal Year beginning October 1, 2024 and ending September 30, 2025 Request: The City Administration requests approval of a Resolution adopting the final millage rates for the Fiscal Year beginning October 1, 2024 and ending September 30, 2025. Background: The City Manager has prepared and submitted to the City Commission an annual report covering the operation of the City and has set forth in it an estimate of the expenditures and revenues of the City for the ensuing year beginning October 1, 2024 and ending September 30, 2025. The City Manager has presented to the City Commission detailed information supporting such estimates, affording the City Commission a comprehensive understanding of the City Government for the ensuing period identified above, including expenditures for corresponding items during the last two fiscal years and increased and decreased demands for the ensuing year as compared with corresponding appropriations for the last fiscal year. The City Commission has met and carefully considered the annual report and estimate and has determined and fixed the amount necessary to carry on the government of the City for the ensuing year, has prepared a tentative budget setting forth the amounts necessary to be raised for the various departments of the City, and has appropriated such amounts to the various departments of the City considering the applicable funds on hand and the estimated departmental revenues. The City Commission has determined that in order to produce a sufficient sum to fund the final proposed budget, it is necessary that an operating millage of 5.9998 be levied against ad valorem valuation of property subject to taxation in the City and the “rolled back rate” is 5.7147 mills, and the proposed millage reflects a 4.99% increase over the rolled-back rate. The City Commission has further determined that, in order to sufficiently fund its debt obligations, the voted debt service millage rate shall be 0.0985 mills. Budgetary Impact Adoption of the following final millage rates will provide the required funding for the operations Page 8 of 303 and debt service of the City of Dania Beach for the Fiscal Year ending September 30, 2025: Operating: 5.9998 (no change) Debt Service: 0.0985 (0.0085 decrease) Total combined millage levy: 6.0983 This results in a gross combined ad valorem levy of $42,784,577 and net budgeted revenue of $40,860,000. Recommendation Approve the Resolution adopting final millage rates for the Fiscal Year beginning October 1, 2024 and ending September 30, 2025. Page 9 of 303 RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING THE MILLAGE RATE NECESSARY TO BE LEVIED FOR THE FISCAL YEAR 2024-2025 FOR OPERATING PURPOSES; ESTABLISHING THE DEBT MILLAGE APPROVED BY THE ELECTORATE; PROVIDING FOR A PUBLIC HEARING WHEN AND WHERE OBJECTIONS MAY BE HEARD AND QUESTIONS CONCERNING THE SAME WILL BE ANSWERED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Charter of the City of Dania Beach, Florida, requires that the City Commission shall, by Resolution, adopt an annual budget, determine the amount of millage necessary to be levied and publish the budget so adopted, together with a notice stating the time and place where objections may be be heard and questions concerning the objections may be answered; and WHEREAS, the City Manager of the City of Dania Beach, Florida, has prepared and submitted to the City Commission an annual report covering the operation of the City and has set forth in it an estimate of the expenditures and revenues of the City for the ensuing year beginning October 1, 2024 and ending September 30, 2025, with sufficient copies of such report and estimate being on file in the office of the City Clerk, so that any interested parties may obtain copies upon request; and WHEREAS, pursuant to the referendum approved by the voters of the City in the March 2005 General Election, the issuance of General Obligation Bonds in an amount not to exceed $10,300,000.00 was authorized; and WHEREAS, the City has issued an initial General Obligation Bond in the amount of $10,300,000.00 and the City will be levying a debt millage equal to 0.0985 mills toward the payment of principal and interest on the Bond; and WHEREAS, the City Manager has presented to the City Commission detailed information supporting such estimate, affording the City Commission a comprehensive understanding of the City Government for the ensuing period identified above, including expenditures for corresponding items during the last two fiscal years and increase and decrease demands for the ensuing year as compared with corresponding appropriations for the last fiscal year; and Page 10 of 303 2 RESOLUTION # 2024-______ WHEREAS, the City Commission has met and carefully considered the annual report and estimate and has determined and fixed the amount necessary to carry on the government of the City for the ensuing year, has prepared a budget setting forth the amounts necessary to be raised for the various departments of the City, and has appropriated such amounts to the various departments of the City considering the applicable funds on hand and the estimated departmental revenues; and WHEREAS, the City Commission has determined that in order to produce a sufficient sum to fund the proposed budget, it is necessary that an operating millage of 5.9998 mills be levied against ad valorem valuation of property subject to taxation in the City of Dania Beach; and WHEREAS, the “rolled back rate” as computed in accordance with the provisions of Section 200.065(1), Florida Statutes, is 5.7147 mills, and the proposed millage reflects a 4.99% increase from the rolled-back rate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1.That the operating millage necessary to be levied against ad valorem valuation of property subject to taxation in the City of Dania Beach to produce a sufficient sum, which, together with departmental revenue will be adequate to pay the appropriations made in the budget, is as follows: FOR OPERATING BUDGET: (GENERAL MUNICIPAL MILLAGE)5.9998 MILLS Section 2.That the millage rate is a 4.99% increase from the rolled back of 5.7147 mills as computed in accordance with the provisions of Section 200.065(1), Florida Statutes. Section 3.That the voted debt service millage rate is 0.0985 mills in accordance with the provisions of law pursuant to Chapter 200, Florida Statutes. Section 4.That the City’s aggregate millage rate is 6.0983 Mills (5.9998 Mills for operating and 0.0985 Mills for debt service). Section 5.That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6.That this Resolution shall take effect and be in force immediately upon its passage and adoption. Page 11 of 303 3 RESOLUTION # 2024-______ PASSED AND ADOPTED on September 24, 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 REIRA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY Page 12 of 303 CERTIFICATION OF TAXABLE VALUE DR-420 R. 5/12 Rule 12D-16.002 Florida Administrative Code Effective 11/12 Year :County : Principal Authority :Taxing Authority : SECTION I : COMPLETED BY PROPERTY APPRAISER 1.Current year taxable value of real property for operating purposes $(1) 2.Current year taxable value of personal property for operating purposes $(2) 3.(3)Current year taxable value of centrally assessed property for operating purposes $ 4.(4)Current year gross taxable value for operating purposes (Line 1 plus Line 2 plus Line 3)$ 5.(5) Current year net new taxable value (Add new construction, additions, rehabilitative improvements increasing assessed value by at least 100%, annexations, and tangible personal property value over 115% of the previous year's value. Subtract deletions.) $ 6.(6)Current year adjusted taxable value (Line 4 minus Line 5)$ 7.(7)$Prior year FINAL gross taxable value from prior year applicable Form DR-403 series 8.(8)Does the taxing authority include tax increment financing areas? If yes, enter number of worksheets (DR-420TIF) attached. If none, enter 0 Number 9.(9) NumberDoes the taxing authority levy a voted debt service millage or a millage voted for 2 years or less under s. 9(b), Article VII, State Constitution? If yes, enter the number of DR-420DEBT, Certification of Voted Debt Millage forms attached. If none, enter 0 SIGN HERE Property Appraiser Certification I certify the taxable values above are correct to the best of my knowledge. Date : SECTION II : COMPLETED BY TAXING AUTHORITY If this portion of the form is not completed in FULL your taxing authority will be denied TRIM certification and possibly lose its millage levy privilege for the tax year. If any line is not applicable, enter -0-. 10.Prior year operating millage levy (If prior year millage was adjusted then use adjusted millage from Form DR-422) (10)per $1,000 11.(11)Prior year ad valorem proceeds (Line 7 multiplied by Line 10, divided by 1,000)$ 12.(12)$Amount, if any, paid or applied in prior year as a consequence of an obligation measured by a dedicated increment value (Sum of either Lines 6c or Line 7a for all DR-420TIF forms) 13. 14. (13) (14) Adjusted prior year ad valorem proceeds (Line 11 minus Line 12)$ $Dedicated increment value, if any (Sum of either Line 6b or Line 7e for all DR-420TIF forms) 15.(15)$Adjusted current year taxable value (Line 6 minus Line 14) 16.Current year rolled-back rate (Line 13 divided by Line 15, multiplied by 1,000) per $1000 (16) 17.(17)per $1000Current year proposed operating millage rate 18.(18) $ Total taxes to be levied at proposed millage rate (Line 17 multiplied by Line 4, divided by 1,000) Continued on page 2 YES NO YES NO Signature of Property Appraiser: Reset Form Print Form 2024 Broward City of Dania Beach City of Dania Beach - Operating 5,632,470,970 1,376,982,226 6,367,109 7,015,820,305 249,644,700 6,766,175,605 6,444,680,146 0 1 6/27/2024 4:35:07 PM 5.9998 38,666,792 0 38,666,792 0 6,766,175,605 5.7147 5.9998 42,093,519 4 4 Electronically Certified by Property Appraiser Page 13 of 303 DR-420 R. 5/12 Page 2 19.TYPE of principal authority (check one)County Independent Special District (19) Municipality Water Management District (20)20. Applicable taxing authority (check one)Principal Authority Dependent Special District MSTU Water Management District Basin 21.(21)Is millage levied in more than one county? (check one)Yes No DEPENDENT SPECIAL DISTRICTS AND MSTUs STOP HERE - SIGN AND SUBMIT 22. (22)$ Enter the total adjusted prior year ad valorem proceeds of the principal authority, all dependent special districts, and MSTUs levying a millage. (The sum of Line 13 from all DR-420 forms) 23.Current year aggregate rolled-back rate (Line 22 divided by Line 15, multiplied by 1,000)(23)per $1,000 24.(24)$Current year aggregate rolled-back taxes (Line 4 multiplied by Line 23, divided by 1,000) 25.(25)$ Enter total of all operating ad valorem taxes proposed to be levied by the principal taxing authority, all dependent districts, and MSTUs, if any. (The sum of Line 18 from all DR-420 forms) (26)Current year proposed aggregate millage rate (Line 25 divided by Line 4, multiplied by 1,000)per $1,000 (27)Current year proposed rate as a percent change of rolled-back rate (Line 26 divided by Line 23, minus 1, multiplied by 100)% S I G N H E R E Taxing Authority Certification I certify the millages and rates are correct to the best of my knowledge. The millages comply with the provisions of s. 200.065 and the provisions of either s. 200.071 or s. 200.081, F.S. Date : Title :Contact Name and Contact Title : Mailing Address :Physical Address : City, State, Zip :Phone Number :Fax Number : Instructions on page 3 First public budget hearing Date :Time :Place : 27. 26. Signature of Chief Administrative Officer : 4 4 4 38,666,792 5.7147 40,093,308 42,093,519 5.9998 4.9900 9/12/2024 19:00:00 EST 100 W Dania Beach Blvd Dania Beach 33004 Page 14 of 303 DR-420 R. 5/12 Page 3 CERTIFICATION OF TAXABLE VALUE INSTRUCTIONS “Principal Authority” is a county, municipality, or independent special district (including water management districts). “Taxing Authority” is the entity levying the millage. This includes the principal authority, any special district dependent to the principal authority, any county municipal service taxing unit (MSTU), and water management district basins. Each taxing authority must submit to their property appraiser a DR-420 and the following forms, as applicable: · DR-420TIF, Tax Increment Adjustment Worksheet · DR-420DEBT, Certification of Voted Debt Millage · DR-420MM-P, Maximum Millage Levy Calculation - Preliminary Disclosure Section I: Property Appraiser Use this DR-420 form for all taxing authorities except school districts. Complete Section I, Lines 1 through 9, for each county, municipality, independent special district, dependent special district, MSTU, and multicounty taxing authority. Enter only taxable values that apply to the taxing authority indicated. Use a separate form for the principal authority and each dependent district, MSTU and water management district basin. Line 8 Complete a DR-420TIF for each taxing authority making payments to a redevelopment trust fund under Section 163.387 (2)(a), Florida Statutes or by an ordinance, resolution or agreement to fund a project or to finance essential infrastructure. Check "Yes" if the taxing authority makes payments to a redevelopment trust fund. Enter the number of DR-420TIF forms attached for the taxing authority on Line 8. Enter 0 if none. Line 9 Complete a DR-420DEBT for each taxing authority levying either a voted debt service millage (s.12, Article VII, State Constitution) or a levy voted for two years or less (s. 9(b), Article VII, State Constitution). Check “Yes” if the taxing authority levies either a voted debt service millage or a levy voted for 2 years or less (s. 9(b), Article VII, State Constitution). These levies do not include levies approved by a voter referendum not required by the State Constitution. Complete and attach DR-420DEBT. Do not complete a separate DR-420 for these levies. Send a copy to each taxing authority and keep a copy. When the taxing authority returns the DR-420 and the accompanying forms, immediately send the original to: Florida Department of Revenue Property Tax Oversight - TRIM Section P. O. Box 3000 Tallahassee, Florida 32315-3000 Section II: Taxing Authority Complete Section II. Keep one copy, return the original and one copy to your property appraiser with the applicable DR-420TIF, DR-420DEBT, and DR-420MM-P within 35 days of certification. Send one copy to the tax collector. “Dependent special district” (ss. 200.001(8)(d) and 189.403(2), F.S.) means a special district that meets at least one of the following criteria: l The membership of its governing body is identical to that of the governing body of a single county or a single municipality. l All members of its governing body are appointed by the governing body of a single county or a single municipality. l During their unexpired terms, members of the special district's governing body are subject to removal at will by the governing body of a single county or a single municipality. l The district has a budget that requires approval through an affirmative vote or can be vetoed by the governing body of a single county or a single municipality. "Independent special district” (ss. 200.001(8)(e) and 189.403 (3), F.S.) means a special district that is not a dependent special district as defined above. A district that includes more than one county is an independent special district unless the district lies wholly within the boundaries of a single municipality. “Non-voted millage” is any millage not defined as a “voted millage” in s. 200.001(8)(f), F.S. Lines 12 and 14 Adjust the calculation of the rolled-back rate for tax increment values and payment amounts. See the instructions for DR-420TIF. On Lines 12 and 14, carry forward values from the DR-420TIF forms. Line 24 Include only those levies derived from millage rates. All TRIM forms for taxing authorities are available on our website at http://dor.myflorida.com/dor/property/trim Page 15 of 303 DR-420DEBT R. 6/10 Rule 12D-16.002 Florida Administrative Code Effective 11/12 Year :County : Principal Authority :Taxing Authority : Levy Description : 1. SECTION I: COMPLETED BY PROPERTY APPRAISER Current year taxable value of real property for operating purposes (1)$ 2.Current year taxable value of personal property for operating purposes $(2) 3.Current year taxable value of centrally assessed property for operating purposes $(3) 4.Current year gross taxable value for operating purposes (Line 1 plus Line 2 plus Line 3)(4)$ SIGN HERE Property Appraiser Certification I certify the taxable values above are correct to the best of my knowledge. Signature of Property Appraiser :Date : SECTION II: COMPLETED BY TAXING AUTHORITY 5.Current year proposed voted debt millage rate per $1,000 (5) 6.Current year proposed millage voted for 2 years or less under s. 9(b) Article VII, State Constitution per $1,000 (6) S I G N H E R E Taxing Authority Certification I certify the proposed millages and rates are correct to the best of my knowledge. Signature of Chief Administrative Officer :Date : Title :Contact Name and Contact Title : Mailing Address :Physical Address : City, State, Zip :Phone Number : CERTIFICATION OF VOTED DEBT MILLAGE Fax Number : INSTRUCTIONS Property appraisers must complete and sign Section I of this form with the DR-420, Certification of Taxable Value, and DR-420S, Certification of School Taxable Value, and provide it to all taxing authorities levying a - Voted debt service millage levied under Section 12, Article VII of the State Constitution or - Millage voted for two years or less under s. 9(b), Article VII of the State Constitution Section I: Property Appraiser Use a separate DR-420DEBT for each voted debt service millage that's levied by a taxing authority. The property appraiser should check the Yes box on Line 9 of DR-420, Certification of Taxable Value, or Line 8 of DR-420S, Certification of School Taxable Value. The property appraiser should provide the levy description and complete Section I, Lines 1 through 4 of this form, for each voted debt service millage levied. Enter only taxable values that apply to the voted debt service millage indicated. Sign, date, and forward the form to the taxing authority with the DR-420. Section II: Taxing Authority Each taxing authority levying a voted debt service millage requiring this form must provide the proposed voted debt millage rate on Line 5. If a DR-420DEBT wasn't received for any - Voted debt service millages or - Millages voted for two years or less contact the property appraiser as soon as possible and request a DR-420DEBT. Sign, date, and return the form to your property appraiser with the DR-420 or DR-420S. All TRIM forms for taxing authorities are available on our website at http://dor.myflorida.com/dor/property/trim Print FormReset Form 2024 Broward City of Dania Beach City of Dania Beach - Voted, Debt City of Dania Beach - Voted, Debt 5,632,470,970 1,376,982,226 6,367,109 7,015,820,305 Electronically Certified by Property Appraiser 6/27/2024 4:35:07 PM 0.0985 Page 16 of 303 MAXIMUM MILLAGE LEVY CALCULATION PRELIMINARY DISCLOSURE For municipal governments, counties, and special districts DR-420MM-P R. 5/12 Rule 12D-16.002 Florida Administrative Code Effective 11/12 Year:County: Principal Authority :Taxing Authority: 1.(1)Is your taxing authority a municipality or independent special district that has levied ad valorem taxes for less than 5 years?Yes No IF YES, STOP HERE. SIGN AND SUBMIT. You are not subject to a millage limitation. 2.(2)per $1,000Current year rolled-back rate from Current Year Form DR-420, Line 16 3.Prior year maximum millage rate with a majority vote from 2020 Form DR-420MM, Line 13 per $1,000 (3) 4.(4)per $1,000Prior year operating millage rate from Current Year Form DR-420, Line 10 If Line 4 is equal to or greater than Line 3, skip to Line 11. If less, continue to Line 5. Adjust rolled-back rate based on prior year majority-vote maximum millage rate 5.(5)Prior year final gross taxable value from Current Year Form DR-420, Line 7 $ 6.(6)$Prior year maximum ad valorem proceeds with majority vote (Line 3 multiplied by Line 5 divided by 1,000) 7.(7)$Amount, if any, paid or applied in prior year as a consequence of an obligation measured by a dedicated increment value from Current Year Form DR-420 Line 12 8.(8)Adjusted prior year ad valorem proceeds with majority vote (Line 6 minus Line 7)$ 9.Adjusted current year taxable value from Current Year form DR-420 Line 15 $(9) 10.Adjusted current year rolled-back rate (Line 8 divided by Line 9, multiplied by 1,000)per $1,000 (10) Calculate maximum millage levy 11.(11)Rolled-back rate to be used for maximum millage levy calculation (Enter Line 10 if adjusted or else enter Line 2)per $1,000 12.Adjustment for change in per capita Florida personal income (See Line 12 Instructions)(12) 13.Majority vote maximum millage rate allowed (Line 11 multiplied by Line 12)(13)per $1,000 14.Two-thirds vote maximum millage rate allowed (Multiply Line 13 by 1.10)per $1,000 (14) 15.Current year proposed millage rate per $1,000 (15) 16.(16)Minimum vote required to levy proposed millage: (Check one) a. Majority vote of the governing body: Check here if Line 15 is less than or equal to Line 13. The maximum millage rate is equal to the majority vote maximum rate. Enter Line 13 on Line 17. b. Two-thirds vote of governing body: Check here if Line 15 is less than or equal to Line 14, but greater than Line 13. The maximum millage rate is equal to proposed rate. Enter Line 15 on Line 17. c. Unanimous vote of the governing body, or 3/4 vote if nine members or more: Check here if Line 15 is greater than Line 14. The maximum millage rate is equal to the proposed rate. Enter Line 15 on Line 17. d. Referendum: The maximum millage rate is equal to the proposed rate. Enter Line 15 on Line 17. 17.The selection on Line 16 allows a maximum millage rate of (Enter rate indicated by choice on Line 16)(17)per $1,000 18.(18)Current year gross taxable value from Current Year Form DR-420, Line 4 $ Continued on page 2 Reset Form Print Form 2024 Broward City of Dania Beach City of Dania Beach - Operating 4 5.7147 5.5802 5.9998 6,444,680,146 0 6,766,175,605 5.7147 6.0399 1.0569 6.6439 5.9998 4 6.0399 7,015,820,305 Page 17 of 303 DR-420MM-P R. 5/12 Page 2 19.Current year proposed taxes (Line 15 multiplied by Line 18, divided by 1,000)(19)$ 20.(20)Total taxes levied at the maximum millage rate (Line 17 multiplied by Line 18, divided by 1,000)$ DEPENDENT SPECIAL DISTRICTS AND MSTUs STOP HERE. SIGN AND SUBMIT. 21.Enter the current year proposed taxes of all dependent special districts & MSTUs levying a millage . (The sum of all Lines 19 from each district's Form DR-420MM-P)$(21) 22.Total current year proposed taxes (Line 19 plus Line 21)(22)$ Total Maximum Taxes 23.(23)Enter the taxes at the maximum millage of all dependent special districts & MSTUs levying a millage (The sum of all Lines 20 from each district's Form DR-420MM-P)$ 24.Total taxes at maximum millage rate (Line 20 plus Line 23)(24)$ Total Maximum Versus Total Taxes Levied 25.Are total current year proposed taxes on Line 22 equal to or less than total taxes at the maximum millage rate on Line 24? (Check one)YES NO (25) S I G N H E R E Taxing Authority Certification I certify the millages and rates are correct to the best of my knowledge. The millages comply with the provisions of s. 200.065 and the provisions of either s. 200.071 or s. 200.081, F.S. Signature of Chief Administrative Officer :Date : Title :Contact Name and Contact Title : Mailing Address :Physical Address : City, State, Zip :Phone Number :Fax Number : Complete and submit this form DR-420MM-P, Maximum Millage Levy Calculation-Preliminary Disclosure, to your property appraiser with the form DR-420, Certification of Taxable Value. Instructions on page 3 Taxing Authority : 42,093,519 42,374,853 0 42,093,519 0 42,374,853 4 Page 18 of 303 DR-420MM-P R. 5/12 Page 3 MAXIMUM MILLAGE LEVY CALCULATION PRELIMINARY DISCLOSURE INSTRUCTIONS General Instructions Each of the following taxing authorities must complete a DR-420MM-P. • County • Municipality • Special district dependent to a county or municipality • County MSTU • Independent special district, including water management districts • Water management district basin Voting requirements for millages adopted by a two-thirds or a unanimous vote are based on the full membership of the governing body, not on the number of members present at the time of the vote. This form calculates the maximum tax levy for 2021 allowed under s. 200.065(5), F.S. Counties and municipalities, including dependent special districts and MSTUs, which adopt a tax levy at the final hearing higher than allowed under s. 200.065, F.S., may be subject to the loss of their half-cent sales tax distribution. DR-420MM-P shows the preliminary maximum millages and taxes levied based on your proposed adoption vote. Each taxing authority must complete, sign, and submit this form to their property appraiser with their completed DR-420, Certification of Taxable Value. The vote at the final hearing and the resulting maximum may change. After the final hearing, each taxing authority will file a final Form DR-420MM, Maximum Millage Levy Calculation Final Disclosure, with Form DR-487, Certification of Compliance, with the Department of Revenue. Specific tax year references in this form are updated each year by the Department. Line Instructions Lines 5-10 Only taxing authorities that levied a 2020 millage rate less than their maximum majority vote rate must complete these lines. The adjusted rolled-back rate on Line 10 is the rate that would have been levied if the maximum vote rate for 2020 had been adopted. If these lines are completed, enter the adjusted rate on Line 11. Line 12 This line is entered by the Department of Revenue. The same adjustment factor is used statewide by all taxing authorities. It is based on the change in per capita Florida personal income (s. 200.001(8)(i), F.S.), which Florida Law requires the Office of Economic and Demographic Research to report each year. Lines 13 and 14 Millage rates are the maximum that could be levied with a majority or two-thirds vote of the full membership of the governing body. With a unanimous vote of the full membership (three-fourths vote of the full membership if the governing body has nine or more members) or a referendum, the maximum millage rate that can be levied is the taxing authority’s statutory or constitutional cap. Line 16 Check the box for the minimum vote necessary at the final hearing to levy your adopted millage rate. Line 17 Enter the millage rate indicated by the box checked in Line 16. If the proposed millage rate is equal to or less than the majority vote maximum millage rate, enter the majority vote maximum. If a two-thirds vote, a unanimous vote, or a referendum is required, enter the proposed millage rate. For a millage requiring more than a majority vote, the proposed millage rate must be entered on Line 17, rather than the maximum rate, so that the comparisons on Lines 21 through 25 are accurate. All TRIM forms for taxing authorities are available on our website at http://floridarevenue.com/property/Pages/Forms.aspx Page 19 of 303 City of Dania Beach Finance Memorandum DATE: 9/24/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Frank DiPaolo, Chief Financial Officer SUBJECT: Approval of the Final Annual Budget for the City for the Fiscal Year 2024-2025 Request: The City Administration requests that the City Commission approve the final Annual Budget for the City for the Fiscal Year 2024-2025. Background: The City Manager has prepared and submitted to the City Commission an annual report covering the operation of the City and has set forth in it an estimate of the expenditures and revenues of the City for the ensuing year, beginning October 1, 2024 and ending September 30, 2025. The City Manager has presented to the City Commission detailed information supporting such estimate, affording the City Commission a comprehensive understanding of the City Government for the ensuing period, including expenditures for corresponding items during the last two fiscal years and increased and decreased demands for the ensuing year as compared with corresponding appropriations for the last fiscal year. The City Commission has met and carefully considered such annual report and estimate for the ensuing year, has prepared a final budget setting forth the amounts necessary to be raised for the various departments of the City and has appropriated the amounts to the various departments of the City considering the applicable funds on hand and the estimated departmental revenues. Budgetary Impact The total budgeted revenues and expenditures across all budgeted funds equals $164,339,611. Recommendation Approve the Resolution adopting the final Annual Budget for the Fiscal Year 2024-2025. Page 20 of 303 RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING THE CITY’S FINAL ANNUAL BUDGET FOR THE FISCAL YEAR 2024-2025; PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS WILL BE HEARD AND QUESTIONS CONCERNING THE BUDGET WILL BE ANSWERED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Charter of the City of Dania Beach, Florida, requires that the City Commission shall, by Resolution, adopt an annual budget, determine the amount of millage necessary to be levied and publish the budget so adopted, together with a notice stating the time and place where objections to it may be heard; and WHEREAS, the City Manager of the City of Dania Beach, Florida, has prepared and submitted to the City Commission an annual report covering the operation of the City and has set forth in it an estimate of the expenditures and revenues of the City for the ensuing year, beginning October 1, 2024 and ending September 30, 2025, with a copy of the report and estimate being on file in the office of the City Clerk so that any interested parties may view such copy upon request; and WHEREAS, the City Manager has presented to the City Commission detailed information supporting such estimate, affording the City Commission a comprehensive understanding of the City Government for the ensuing period, including expenditures for corresponding items during the last two fiscal years with increased and decreased demands for the ensuing year as compared with corresponding appropriations for the last fiscal year; and WHEREAS, the City Commission has met and carefully considered such annual report and estimates for the ensuing year, has prepared a tentative budget setting forth the amounts necessary to be raised for the various departments of the City and has appropriated the amounts to the various departments of the City considering the applicable funds on hand and the estimated departmental revenues; and WHEREAS, the City Commission considered public input at its first public hearing on September 12, 2024, reviewing the proposed annual budget and approved adjustments to the proposed budget for the coming fiscal year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Page 21 of 303 RESOLUTION #2024-______2 Section 1.That a final approved budget, as adjusted, for the City of Dania Beach, Florida, for the fiscal year beginning October 1, 2024, and ending September 30, 2025, is adopted. A copy of the budget summary is attached as Exhibit “A” to this Resolution and is made a part of it by this reference, and the appropriations set out in it are made for the maintenance and carrying on of the government of the City of Dania Beach, Florida, and for the purpose of paying debt service requirements, if any, of the City for the fiscal year beginning October 1, 2024 and ending September 30, 2025. Section 2.That all delinquent taxes, collected as proceeds from levies of operating millages for former years are specifically appropriated for the use and benefit of the “General Fund”. Section 3.Automatic Amendment: That the Fiscal Year 2024-2025 budget is automatically amended to reappropriate open encumbrances that the Finance Department has not closed during its normal and appropriate annual fiscal year-end review of open purchase orders, to fund outstanding contracts and fund capital projects reserved or unexpended from Fiscal Year 2023- 2024 and before, such appropriations having been previously approved by the City Commission. Section 4.Contingency Funds: That department heads or their designee shall only be allowed to transfer funds from their designated contingency accounts below an aggregate amount of Fifty thousand dollars ($50,000.00) with City Manager approval. Aggregate amounts above the Fifty thousand dollars ($50,000.00) threshold that are requested to be transferred from Contingency must be approved by the City Commission. Section 5.Reserve Funds: That individual disbursements of fund balance reserves below Twenty-Five Thousand Dollars ($25,000.00) may be authorized by the City Manager from time to time for a single purpose/initiative, until the aggregate total of all such disbursements has exceeded One Hundred Thousand Dollars ($100,000.00) within a single fiscal year, upon which all disbursements, regardless of amount, shall be authorized by a resolution of the City Commission. Section 6.That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 7.That this Resolution shall take effect and be in force immediately upon its passage and adoption. Page 22 of 303 RESOLUTION #2024-______3 PASSED AND ADOPTED on September 24, 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 REIRA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY Page 23 of 303 General Fund Special Revenue Funds Debt Service Fund Utility Enterprise Funds Ocean Park Enterprise Fund Internal Service Funds TOTALS Revenue Taxes $ 50,214,858 $ - $- $- $- $-$ 50,214,858 Permits, Fees and Special Assessments 12,167,027 4,423,500 - 5,610,000 -- 22,200,527 Intergovernmental Revenue 4,799,117 - - 5,700,000 -- 10,499,117 Charges for Services 3,279,245 2,895,000 - 13,927,000 2,545,000 -22,646,245 Judgments, Fines, and Forfeits 315,000 - - 300,000 -615,000 Miscellaneous Revenues 5,657,674 435,000 - 2,245,000 3,105,189 -11,442,863 Other Sources 7,475,501 2,072,523 1,958,827 29,024,516 322,536 5,867,098 46,721,001 $ 83,908,422 $ 9,826,023 $ 1,958,827 $ 56,506,516 $ 6,272,725 $ 5,867,098 $ 164,339,611 Expenditure City Commission $ 1,046,726 $ - $- $- $- $-$ 1,046,726 City Manager 1,639,365 -- -- -1,639,365 Human Resources / Risk Mgmt. 1,795,401 -- -- -1,795,401 Legal 910,508 -- -- -910,508 Community Development / Parking 2,802,918 6,066,439 - - 2,564,559 -11,433,916 City Clerk 440,579 - - - - -440,579 Finance / Information Technology 3,388,717 - - 828,125 - 3,354,219 7,571,061 General Government 13,494,296 - 799,237 - - - 14,293,533 Police Services 21,971,371 -- - - -21,971,371 Fire Rescue 19,951,673 -- - - -19,951,673 Solid Waste - 3,598,186 - - - - 3,598,186 Public Services / Fleet / Facilities 9,138,051 161,398 - - - 2,512,879 11,812,328 Recreation / Marina / Pier 7,328,817 - 1,159,590 - 3,708,166 -12,196,573 Water Utility - - - 9,843,930 - - 9,843,930 Sewer Utility - - - 18,174,461 - - 18,174,461 Stormwater - - - 27,660,000 - - 27,660,000 $ 83,908,422 $ 9,826,023 $ 1,958,827 $ 56,506,516 $ 6,272,725 $ 5,867,098 $ 164,339,611 Comprehensive Summary - FY2024-25 Final Proposed Budget Page 24 of 303 WHEREAS, the City of Dania Beach honors the Human Resources Department for the important work that they do to support all City team members; and WHEREAS, HR professionals help team members adapt to an ever changing and competitive environment while responding to workplace needs and economic challenges; and WHEREAS, These professionals support and provide for positive organizational development and serve as strategic partners to meet public service goals by recruiting and retaining top talent for employment, recognizing employee achievements, projecting trends in the market and providing workforce planning, developing competitive compensation and benefits structures, facilitating change management, and preserving the integrity of the organization by ensuring compliance with state and local laws; and WHEREAS, City of Dania Beach Human Resources professionals serve as leaders, business strategists, problem-solvers, talent developers, culture curators, and advocates, while displaying integrity and dedication; and WHEREAS, HR Professional Day is an opportunity to show appreciation for human resource professionals and the valuable work they do every day. NOW, THEREFORE, on behalf of the Dania Beach City Commission, I, Archibald J. Ryan, IV, Mayor of the City of Dania Beach, Florida, do hereby proclaim September 26, 2024 as Human Resources Professionals Day in the City of Dania Beach, Florida and further extend appreciation to Chief Human Resources Officer Linda Gonzalez, Deputy Director Ann Mierez, Senior HR Specialist Claudia Sanchez, Compensation and Benefits Specialist Mitzie Spear, Talent Acquisition and Risk Management Specialist Farach Baldelomar- Bernardin and Human Resources Administrator Melissa Brown for the vital services they perform, their dedication, and their relentless contributions to the City of Dania Beach. ATTEST: ELORA RIERA, MMC ARCHIBALD J. RYAN, IV CITY CLERK MAYOR Page 25 of 303 WHEREAS, childhood cancer is the leading cause of death by disease in children, and 1 in 260 children in the United States will be diagnosed by their 20th birthday; and WHEREAS, 47 children per day or 17,000 children per year are diagnosed with cancer in the U.S.; and WHEREAS, 80% of childhood cancer patients are diagnosed late and with metastatic disease; and WHEREAS, there’s been a 0.6 percent increase in incidence per year since the mid 1970’s resulting in an overall incidence increase of 24 percent over the last 40 years; and WHEREAS, two-thirds of childhood cancer patients will have chronic health conditions because of their treatment toxicity, with one quarter being classified as severe to life-threatening; and WHEREAS, approximately one half of childhood cancer families rate the associated financial toxicity due to out-of-pocket expenses as considerable to severe; and WHEREAS, in the last 30 years only six new drugs have been approved by the FDA to specifically treat childhood cancer; and WHEREAS, the National Cancer Institute recognizes the unique research needs of childhood cancer and the associated need for increased funding to carry this out; and WHEREAS, too many children are affected by this deadly disease and more must be done to raise awareness and find a cure. NOW, THEREFORE, on behalf of the Dania Beach City Commission, I, Archibald J. Ryan, IV, Mayor of the City of Dania Beach, Florida, do hereby proclaim September 2024 as CHILDHOOD CANCER AWARENESS MONTH in the city of Dania Beach and do encourage all Americans to observe Childhood Cancer Awareness Month and support this cause that so deeply impacts families in every community across our country. ATTEST: ELORA RIERA, MMC ARCHIBALD J. RYAN, IV CITY CLERK MAYOR Page 26 of 303 Presented by Vice Mayor Lori Lewellen WHEREAS, each year, the United States observes National Hispanic Heritage Month by celebrating the culture, heritage, and countless contributions of those whose ancestors came to North America as well as those who came from Spain, Mexico, the Caribbean, Central America, and South America; and WHEREAS, this year’s theme is "Pioneers of Change: Shaping the Future Together ". This theme recognizes the many Hispanics/Latinos who have paved the way for future generations to be able to enact change, and encompasses the spirit of innovation, resilience and unity that define the Hispanic experience; and WHEREAS, we recognize and honor the many ways that Hispanics have enriched the fabric of our society, and we rededicate ourselves to acknowledging, promoting, and supporting the advancements of Hispanics in our respective communities; and WHEREAS, the Hispanic population of the United States is now at 65.2 million, constituting 19.5% of the total population and where more than 34.3% of the population of the City of Dania Beach is Hispanic or Latino; and WHEREAS, locally, Hispanics and Latinos from diverse cultures, races and ethnicities contribute to the vitality and uniqueness of Florida and the City of Dania Beach as residents, business owners, investors, staff, leaders, and volunteers; and WHEREAS, Juan Ponce De León was the first Spanish explorer to arrive in Florida in 1513 and Spanish heritage started the moment he named the Sunshine State "Pascua Florida," or Feast of Flowers, in honor of Spain's Easter celebration; and WHEREAS, Hispanics have had a profound, significant, and positive influence on our country through their strong commitment to family and faith and fully embracing the American dream via ambition, work ethic and a great love for the United States and passion for the communities they serve. NOW, THEREFORE, on behalf of the Dania Beach City Commission, I, Archibald J. Ryan, IV, Mayor of the City of Dania Beach, Florida, do hereby proclaim September 15, 2024 to October 15, 2024 as HISPANIC HERITAGE MONTH in the City of Dania Beach and encourage all citizens of Dania Beach to join celebrating the vast contributions Hispanics and Latinos have made to the world, to our country, and to our community. ATTEST: ELORA RIERA, MMC ARCHIBALD J. RYAN, IV CITY CLERK MAYOR Page 27 of 303 CITY OF DANIA BEACH OFFICE OF THE CITY MANGER 100 West Dania Beach Blvd ∙ Dania Beach, FL 33004 ∙ (954) 924-6800 ∙ (954) 921-2604 (fax) MEMORANDUM Date: September 24, 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 On Tuesday, September 17th, I attended a workshop held by the Broward County Public School Board, the Superintendent and his senior team. The key topic of concern hence my attendance was the conversation of repurposing/ closing of schools such as our Olsen Middle School. I spoke about our investment at the school in excess of $5 million dollars for a beautiful track and multipurpose field and the possibility to partner with Olsen to design and repurpose some of their unused space for our future EOC, and a possible magnet school for sports/ fitness, broadcasting/ communications, meteorology, etc. Olsen is thriving under the leadership of Principal Giancarli, still hovering at 600 students, however the constant threat of closure can and will affect students/ teachers, enrollment etc. It’s extremely important that we attend, and support Olsen at the September 30th Community Meeting held at South Broward High at 1901 N. Federal Highway in Hollywood. Olsen is at the epicenter of a growing City, a City that we anticipate will grow by more than 10,000 residents in the next couple of years and together via “outside the box” thinking and a viable partnership, the conversation/ rumors about closing Olsen Middle School should cease and we will continue to urge the leadership of Broward County Schools to come to the table as we will offer solutions and an effective game plan that would be a win-win for the school, the City and our students. Several of the school board members commended Dania Beach for the example we are setting and stepping up in the best possible way! Dr. Zeman, an at-large member of the school board, stated as he spoke to the Superintendent and his Team; “You need to speak more to Ana Garcia, to the City Managers, to the Mayors and Commissioners of those cities, they have information that we don’t have”. I became more familiar with key players, and they became more familiar with me as well. I also met our new School Board Member Maura Bulman, who I will be meeting with on September 26th here at City Hall, so she is very much prepared for the meeting on the 30th. We are set for our 2nd annual Oktoberfest scheduled for Saturday, October 12th, as we kick off the fun, exciting and successful Dania After Dark series. We have pre-sold 350 tickets for this very much anticipated event! Our Special Events Division of Parks and Recreation continues to elevate the program and provide additional opportunities to enhance the overall experience! Page 28 of 303 On Thursday, September 26th at 4:30 p.m., at 434 SE 3rd Street, we will officially hold a groundbreaking event to commemorate the commencement of the long-awaited SE Drainage Project. This $30 million dollar investment is the largest investment ever in the history of Dania Beach. I want to highlight the great work of the Community Development Team under the leadership of Director Norena, Deputy Director Lajoie with the viable support of Deputy City Manager Sosa-Cruz. In August, the building division reviewed and issued 255 building permits and conducted 1,601 inspections. Our Code Division received 3 noise complaints in August, 2 were unfounded and 1 of the 3 resulted in a citation. We continue to monitor complaints even if unfounded. I’m grateful to our Deputy City Manager for stepping in for me at the Commission meeting while I attend the ICMA in Pittsburgh. Kudos to All Directors, Deputies, Managers, etc. who have worked tirelessly and very strategically with our CFO, the Finance Team, and the Office of the City Manager to plan for, prepare and deliver another impactful budget that will continue to revolutionize our City and move us into the future proactively and effectively. Page 29 of 303 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM Page 1 of 4 DATE: September 24, 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 – August 2024 – Community Development Department The following is a summary of Community Development Department activity during the month of August 2024. Community Development Special Projects: Future Land Use Amendment – RAC: Staff is conducting intergovernmental coordination between Broward County School Board staff and Broward County Urban Planning Division to ensure the adoption of the School Mitigation Agreement. On August 21, 2024, the Broward County School Board approved the Agreement. The Broward County Commission is scheduled to hear the item in October. Once approved the Broward County Planning Council can recertify the City’s application. Survey and Mapping RFQ: Community Development staff made up the Selection Committee for the RFP. Working with the Procurement staff, Community Development reviewed and ranked 16 firms who responded to the RFQ. The City Commission approved the list of vendors on August 27, 2024. Public Art: On August 27, 2024, the City held a ribbon cutting ceremony to celebrate the completion of “Looking Forward” mural created by artist Ernesto Maranje, first commissioned by the Public Art Advisory Board and City Commission. Vacation Rental Renewals: On August 15, 2024, the Community Development Department sent out 168 notices to the existing vacation rental property owners to notify them of the annual renewal and inspection process. These notices included reminders that all residents and visitors must follow the City’s Parking and Noise regulations. Building Division: The Building Department reviewed and issued 255 building permits and conducted 1,601 inspections. The Department did not issue any Certificates of Occupancy for the month of August 2024. Page 30 of 303 Manager’s Monthly Report – August 2024 Page 2 of 4 Planning and Zoning Division: SP-025-22MOD2: This project 101 Dania Apartments is a previously approved site plan for the construction of a 102-unit multi-family. The project received modification approval to convert the third- floor terrace and office space into a fitness center (LA Fitness). Now the applicant is requesting another modification to revert the most recent approval back to the office. PL-029-24 NSU PLAT: Platting of the property located at 1850 NE 7th Avenue has been required by the Broward Planning Council in order to develop the site. This application is still in DRC review. Miscellaneous Zoning Activities: The Zoning Division processed 31 new Certificates of Use applications for new businesses in the City for the month of August. The Zoning Division processed, inspected, and approved two new Vacation Rental Certificate and issued zero renewals of existing operating Vacation Rentals for the month of August. Code Compliance Division: Code Compliance staff monitor the Downtown City Center focusing on blight, graffiti, illegal signage and dumpster enclosures. A total of 256 complaints were submitted this month into the City’s Ask Dania Beach App and were inspected by code staff. Code Compliance staff works with Public Services to address bulk trash and nuisance issues throughout the City. A total of 54 bulk notices were issued this month. Code is monitoring political signage throughout the City until the election in November. Code received three complaints in the month of August for noise violations, see below for details: Date of Compliant Address Description (Type Noise) Code Officer Assigned Resolution 8/13/2024 4681 SW 42 Terrace Dog barking constantly and tied to boat trailer. Ricky Ali Unfounded – Will continue monitor for violation. 8/19/2024 4333 SW 51 Street Noisy roosters and chickens Ricky Ali Property cited for rooster on property as well as BTR for residential Rental property. 8/30/2024 4121 Stirling Rd Jackhammering and concerns of illegal construction work. Ricky Ali Unfounded – Spoke with owner as well as property manager, and complainant. They were replacing floor tile and no permit was required. Page 31 of 303 Manager’s Monthly Report – August 2024 Page 3 of 4 Code received five complaints in the month of August for Vacation Rental violations, see below for details: Date of Complaint Address Description (Type Noise) Code Officer Assigned Resolution 8/1/2024 238 SW 1 St Airbnb with three trash cans out in front of the house after pick up day Alberto Chavarria Unfounded – All trash containers placed behind the building line. Will monitor for violation. 8/14/2024 42 SW 12 St Airbnb with trash cans left out all the time Alberto Chavarria Two-day warning notice issued to owner. 8/15/2024 4406 SW 37 Ave Illegal vacation rental advertised online Ricky Ali Case set for Sept. 13, 2024 Special Magistrate hearing. Prior to hearing the listing was removed from site. Case complied. 8/19/2024 4406 SW 37 Ave Overnight parking/Advertising for Airbnb Ricky Ali No parking violation observed. Case set for Sept. 13, 2024, Special Magistrate hearing for advertising. Prior to hearing the listing was removed from site. Case complied. 8/20/2024 4406 SW 37 Ave Overnight parking/Advertising for Airbnb Ricky Ali No parking violation observed. Case set for Sept. 13, 2024, Special Magistrate hearing for advertising. Prior to hearing the listing was removed from site. Case complied. Beach Ranger and Parking Division: • Beach Rangers patrol downtown City Center and all active construction sites for any parking, and noise violations. • Staff reported four 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. 790 violations were observed and addressed. • Beach Rangers are monitoring the marina for any unauthorized activity and any maintenance concerns. • Two new part time Beach Rangers were hired in August. They have been trained and are working weekends. • Beach Rangers continue to work with BSO Homeless Outreach to address homeless issues at the beach. Page 32 of 303 Manager’s Monthly Report – August 2024 Page 4 of 4 • Rangers are being vigilant with everything happening on the beach and reporting any concerns to the Beach Ranger Manager. Page 33 of 303 CITY OF DANIA BEACH HUMAN RESOURCES DEPARTMENT MEMORANDUM DATE: September 16, 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 the last month's Human Resources and Risk Management activities. Open Recruitment (16) • Accountant • Beach Lifeguard (FT) Promotional/Internal (2) • Beach Lifeguard (PT) • CRA - Business Attraction and Investment Manager • Equipment Operator I - (BEACH Team) • Equipment Operator I (BEAM Team) • Manager, Recreation Programs • Mechanic II • Officer, Code Compliance • Operations Manager, Utility Billing and Customer Service • Project Manager • Risk Manager • Service Worker III, Utilities • Service Worker II-Utilities (Re-Posting-External) • Cemetery Assistant Interview/Offer Process (6) • Receptionist • Beach Lifeguards (OC) • Beach Ranger FT • Coordinator I, Recreation (Reposted) • Technician, IT Systems • Planner Page 34 of 303 Page 2 of 3 Background Process (5) • Assistant, Recreation • Assistant, Recreation • Equipment Operator I • Recreation Assistant (PT) (2) Recent Hires/Status Changes (8) • Accountant (2) • Beach Lifeguards (OC)-Internal • Equipment Operator II -Internal • Lead Maintenance Technician-Internal • Park Custodian (PT) • Recreation Assistant (PT) • Risk Management and Talent Acquisition Specialist Our Recruitment Team has been working diligently to source, attract and recruit candidates for upcoming positions in the 24/25 budget. As of the date of this report we are working on thirty (32) positions open at varying stages in the recruitment cycle. The HR team has carefully planned the approach to fill the positions and created a recruitment plan with each of the hiring departments. We have utilized a diverse range of platforms to promote these vacancies, including job boards, industry-specific forums, and social media channels. HR now provides weekly recruitment updates to each hiring Department. Training and Development On Thursday, September 5, and Tuesday, September 10, we coordinated a training session hosted by our City Clerk in collaboration with the Weiss Serota Law Firm and Robert Meyers from Ethics. This informative training was held for everyone involved in public records requests, handling, managing, or maintaining records within their respective departments. The training covered important topics such as: public records law in Florida, including privacy vs. right-to-know; basics of records management and maintenance, including retention and destruction; file management and information storage and retrieval systems We are preparing for our last Health and Safety training session scheduled for Wednesday, September 25. This session focused on Exercise and Nutrition. We are also preparing for the annual reasonable suspicion training schedule for September 26. This session is designed to ensure compliance with legal requirements and regulations concerning reasonable suspicion testing. This training is mandatory for supervisors of CDL Drivers, as mandated by FDOT. Page 35 of 303 Page 3 of 3 Risk Management, Wellness and Safety Our final "Thriving Thursday" wellness session was held on September 12, and it was a huge success! The turnout was fantastic as always, with all appointments booked. Team members expressed their appreciation for the City’s commitment to their health and well-being. In addition to the popular massage and acupuncture services, this session featured a new activity to get in some extra steps: line dancing! It was a great way for team members to get moving and release some stress. The participants had a lot of fun, and we are planning to incorporate line dancing into Wellness event, scheduled for January 30, 2025 at IT Parker. Given the number of events scheduled in the coming months, we plan to hold the Thriving Thursday wellness sessions quarterly starting in January, 2025. October 31, 2024 4th quarter Halloween Event - @ IT Parker November 21, 2024 4th quarter Take your dog to work day/adoption event December 12, 2024 4th quarter Employee Holiday Event - @ IT Parker The Health and Safety Committee met on Thursday, August 29, with a great turnout. To close out the fiscal year, the Chair Rafael Acosta and Vice Chair, Anthony Ifedi have proposed awards for the Safety Committee to recognize the ongoing and important work of the committee over the last four years. Compensation and Benefits The City’s Open Enrollment period ran from August 19 to August 30. We hosted an in-person session at City Hall on August 29 with a representative from the Gehring Group, where team members received a detailed presentation on our benefits programs. Attendees had the chance to ask questions and make changes for the upcoming plan year, with all adjustments submitted through our online platform, Bentek. These benefit changes take effect on October 1, 2024, and will be reflected in the first paycheck of October. Additionally, employees will see the 6% Cost of Living Adjustment (COLA) on their subsequent October paycheck, effective October 1. We are working closely with the Finance team to ensure a seamless implementation of these increases and changes. We are also preparing for the benefits review period for retirees, dependents, and surviving spouses aged 65+ enrolled in the Medicare Advantage plan. Currently, there are approximately 86 retirees and spouses enrolled. This year, there will be a modest monthly increase of $25.06, and we remain committed to providing the best support and benefits for our retirees and their families. Page 36 of 303 1 CITY OF DANIA BEACH PARKS AND RECREATION DEPARTMENT MEMORANDUM DATE: September 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 – Construction is going as planned. The structure of the building is coming to life. • IT Parker – Renovations ongoing. • Mullikin Park – The recommended contractor for the construction services is being brought before City Commission tonight, September 24th. Permitting will be the next step in the process, followed by demo and construction. • Olsen Middle School – The rank of the top three design firms is being brought before City Commission tonight, September 24th. Staff will then negotiate and bring the contract before City Commission in October. • Chester Byrd Park – Staff is in the beginning stages of securing a design firm for the design of the park. • PJ Meli Park – The rank of the top three design firms is being brought before City Commission tonight, September 24th. Staff will then negotiate and bring the contract before City Commission in October. Page 37 of 303 2 Special Events staff are gearing up for the new year’s Dania After Dark series. Ticket sales are open for the October 12th Dania After Dark Oktoberfest event. 312 tickets have been sold thus far. The VIP tickets are sold out. The beach remains active with the lifeguards busy enforcing rules and regulations while keeping visitors safe in the water. Ocean Rescue Report: • Rescues – 1 • Medical – 6 • Law Enforcement Calls – 1 • Missing Persons – 3 • Wildlife or Domestic Rescues – 9 The Dania Beach Dolphins have started their football and cheerleading season. We have two teams participating in the 12U and 8U divisions. Athletic Programs (ongoing/upcoming): • Tarpons Soccer at Frost Park • Skyhawks Sports Academy (Tennis & Baseball) at Frost Park • Lil Sluggers Baseball at PJ Meli Park • Basketball at Frost Park • Adult Kickball at PJ Meli Park The new school year Rising Stars Program has started off great at Frost Park, CW Thomas Park and PJ Meli Park. Frost Park and CW Thomas registration is full, and PJ Meli has 25 children registered with 5 open spaces. The Dania Beach Seniors and Gracefully Aging resumed their senior programs in September. As well, the Department has begun a new senior program, Social Seniors, at PJ Meli Park which has been very successful in it’s first month. The Youth Advisory Council is resuming with the start of the school year. They are holding an open house on October 19th at 6:15pm at PJ Meli Park. Frost Park will resume their highly anticipated Flea Markets in October, and all vendor spaces are sold out. Ongoing programs: • Rising Stars at CW Thomas Park, Frost Park and PJ Meli Park • FitFusion at CW Thomas Park • Hip Hop and Contemporary Dance at CW Thomas Park • Tint Tots at CW Thomas Park • Grooving Gourmets at CW Thomas Park • YAC at PJ Meli Aquatic Complex • Tot Time at PJ Meli Park • Karate at PJ Meli Park • Swim Team at PJ Meli Park • Waterpolo at PJ Meli Park • Senior Bingo at PJ Meli Park • 1Up Gaming at PJ Meli Park Page 38 of 303 3 • Kreation Station at Frost Park Staff continues 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. Page 39 of 303 CITY OF DANIA BEACH MARKETING AND COMMUNICATIONS DIVISION MEMORANDUM DATE: August 20, 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 d epartments 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 August through Mid - September 2024: • Finalized the 120th commemorative book with Island Syndicate; currently in the printing process. • Covered the September 11 event with photos and video. • Created graphics and ad campaign Dania After Dark (DAD) and Oktoberfest that included Water Taxi/Water Digital Boards throughout Miami waterways to promote DAD events. • Attended the 3CMA Conference in Arlington, TX, where we were awarded the Silver Circle Award for the first edition of Pioneer. • Completed the HR recruitment video and brochure. • Developed a short video for Water Quality Month • Designed materials for Take Your Dog to Work Day, Thriving Thursday, Halloween, and the end-of-year Employee Recognition event. • Promoted CORE Conversations. • Promoted the new Arts Park. • Preparing for the Southeast Drainage Project groundbreaking • Promoting the Storm Protection Program. • Preparing for the 3 Sons commemorative beer making session. • Designing and preparing materials for the State of the City 2024 • Analytics – o Email campaigns  August: 59% open and 4% click-through  September: 61% open and 4% click-through o Facebook: Reach, 60,717; New followers, 118; Followers , 10,072; Post engagement rate , 8.15% o Instagram: Profile impressions, 33,030; Reach, 21,514; Page visits , 1.4 K; New Followers, 474; Followers, 7,539; Post engagement rate , 6.79% o X: Followers, 2,868; Post impressions, 1,473; Post engagement rate, 6.44% o YouTube : Page video views, 136; Subscribers, 551 o LinkedIn: Followers, 1 ,223; New Followers, 58; Page views, 748 Page 40 of 303 CITY OF DANIA BEACH PUBLIC SERVICES DEPARTMENT MEMORANDUM FJR/fjr \continued… DATE: September 24, 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 – August 27 through September 23, 2024 Provided below is a summary of the main PSD project activities for roughly the past four weeks: SW 34th Court Drainage Project – The bids for this project will be advertised in October. The project will significantly mitigate the flooding in this roadway just south of Griffin Road. Work is expected to begin in the December – January time frame. Ocean Park Restrooms – These new, fully updated restrooms on the north end of the park will replace the restrooms adjacent to the sand. The former restroom facility will be converted to much-needed, upgraded and larger storage space for the maintenance operation. A required structural report is under review. The substantial and complex permitting process for this oceanfront project will likely to put its start toward the latter part of 2025. Stormwater Master Plan (SWMP) – Chen Moore and Associates is completing the final phase of data collection and analysis, which involves mapping drainage basins, the compiling existing structures inventory, and running the computer modeling. The next and last public workshop will be held in late November. The SWMP is expected to be substantially complete in the last quarter of this year. SW 52nd Street Drainage Repair – This project is under way, and will entail drainage pipes, inlets, and swale regrading The project’s substantial completion is expected in the early part of 2025. This project will complement the recently completed SW 43 rd Terrace drainage project. 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 permitting process is expected to be completed by early to mid-October with the start of work to follow soon thereafter. Page 41 of 303 PUBLIC SERVICES ACTIVITIES – August 27, 2024 to September 23, 2024 Date: September 24, 2024 FJR/fjr Citywide Landscape Master Plan – The Griffin Road median sections east of I95 will be next corridor section to be completed. The bidding process and the start of work projected in the late October-November time frame, with the project’s completion in latter part of the first quarter of 2025. Nyberg Swanson House Refurbishing Project –Work began in the latter part of July and it’s on track to be completed by mid to late December. The roof shingles will be installed within the next month and electrical and HVAC updates are under way. The refurbishing is expected to be substantially complete by early to mid-December. SE Drainage Project –The long-awaited project’s preparatory field work got under way in August, with full-bore construction activity projected to be reached by mid-September. The official groundbreaking event will be held on the last week of the month. Phase I of the project construction is expected to take roughly 18 months to complete. GRANTS FEMA – 2023 Staffing for Adequate Fire and Emergency Response (SAFER) Grant – FEMA is announcing awards incrementally. Thus far no decision has been made on the City’s SAFER application. State and Federal Legislative Requests – PSD is reviewing its capital program to identify projects that will qualify for the upcoming legislative sessions. Community Development Block Grant (CDBG) - PSD is planning a community meeting to take resident input on the Oasis 17 projects, including portions of SW 27th Terrace, SW 46th Place, SW 46th Court, and SW 47th Street. The project is funded in part with CDBG grant funds. Page 3 of 3 Page 42 of 303 CITY OF DANIA BEACH BROWARD SHERIFF’S OFFICE (BSO) EXTERNAL MEMORANDUM DATE: September 16, 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 August 19, 2024, through September 16, 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 09/16/2024. • Station 1 New Ceiling Tile replacement by City Team – This project is still ongoing as of 09/16/2024. • Fire Truck (Quint 1 FRES2264) our ladder truck has been refurbished and restored, finishing up on final touches and will place back into service at Fire Station 17 with new designation as Quint 17. • Fire Truck (Quint 17 FRES2265) our ladder truck has been sent out to refurbished at Georgia Ten8 facility. The process will take 8-10 Months. • SAFER Grant – Waiting on Federal response • New Hire Class of Firefighters start 8 week initial course. • BSO Data Class Training – Reporting Data System training Page 43 of 303 CITY OF DANIA BEACH BROWARD SHERIFF’S OFFICE (BSO) EXTERNAL MEMORANDUM • CORE Conversation Meetings August 20, 2024 • DRC meeting to discuss projects and concurrency reports with Community Development Team. • High Rise and Standpipe training device for firefighters delivery expected before September 30th 2024 • September 11, 2024 - 3rd Annual Commemoration • Second Set of Bunker Gear Fitting – Firefighting gear • Life scan physicals for firefighters • Bi-Annual bunker gear cleaning Training during this period – • Zoll Monitor Calibration – Life pack, defibrillation machines annual calibration • Hydrant Flow test for ISO – Labor intensive project, Station 1 and Station 17 completed both zone two fire hydrant flow for ISO. • Zone 1 and 17 fire rescue pre-planning- Our crews go to building and walk around pre plan for fire and or other emergencies and develop plan and enter all vital information on computer app for all crews to be able to see when responding. • Company Training – Professional development series Community Outreach – • Bi-Annual Fire Drills at all Dania Beach Facilities completed – No issues • Community Lighthouse – Assisted with school supply giveaways for 75 children Page 44 of 303 CITY OF DANIA BEACH BROWARD SHERIFF’S OFFICE (BSO) MEMORANDUM DATE: September 16th, 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 – September 2024 Below are the monthly crime reports for part 1 crimes from 8/16/2024 to 9/12/2024: Page 45 of 303 Page 46 of 303 Notable Increases/Decreases When compared to the previous report: • Overall, part 1 crimes decreased by 20%, due to a decline in auto thefts, burglaries, and theft of motor vehicle parts. • Auto thefts decreased by 30%, declining from 13 thefts to 9. • Burglary decreased from 32 to 23, decreasing by 28%. • Robberies increased from 1 incident to 2. • Overall, thefts decreased by 11%, from 59 to 52. • Theft of motor vehicle parts decreased by 13%. • Retail thefts and shoplifting increased from 18 to 22 incidents. Total Arrests • 60 arrests made by Road Patrol • 14 arrests made by the Crime Suppression Team • 11 arrests made by Criminal Investigations Notable Arrests/Initiatives • The suspect who was working as the housekeeper at the Residence Inn stole a set of car keys from a hotel guest, and then eventually stole their car. The suspect was arrested in New York, after trying to flee. • The victim legally sold his vehicle, via Facebook Marketplace. The suspect paid with a fictitious cashier’s check, then transported the vehicle to Georgia. The vehicle was located, recovered, and returned to victim. Charges have been filed against the suspect. • Two suspects were responsible for stealing several bikes, valued at $4600, from the Avery apartments. Both suspects were identified and charged accordingly. • After a lengthy investigation by our criminal investigation’s detectives, charges were filed against numerous suspects that frequently stole from the Shoe Carnival and Ulta Beauty. 8/16/2024 – 9/12/2024 85 Page 47 of 303 Proactive Enforcement Crime Suppression Team detectives conducted a narcotics investigation involving Happy Family Food Mart. A search warrant was executed on the business. The target suspect drug dealer, along with two store employees, were arrested. Throughout the past month, a total of 14 arrests were made by CST detectives. Motors/Commercial Vehicle Enforcement • The “Back to School” and Operation Summer Splash traffic enforcement initiative were recently concluded. Both events were very successful, as various motor units issued more than 1000 citations, 710 warnings, and distributed over 500 educational materials (county wide). • Between the Dania Beach Motors Unit and road patrol deputies, 221 written warnings and citations were issued during the last four weeks. • Speed trailers, LPR trailers, and message boards all remain deployed throughout the city. Homeless Outreach Team • Homeless Outreach deputies coordinated with Dania Beach Code Enforcement and the property owner for the AT&T easement (4400 Griffin Rd), to clear out existing debris, secure the site, and prevent future encampments from being built. • Ongoing patrols continue along SW 4 Ave, along the FEC railroad tracks, all city parks, and City Hall. • The surveillance tower is currently at Chester Byrd Park reference complaints of vandalism and narcotic is activity. Page 48 of 303 Neighborhood Support Team (NST) Follow-Up/Directives/Initiatives Dania Beach Chamber’s Mayoral Address – August 21, 2024 – BSO Dania Beach Command and NST Unit attended the Mayoral Address with Mayor AJ Ryan. Cava Shop – August 27, 2024 - Met with new Dania Beach business owner and provided an overview of the functions of the BSO Neighborhood Support Team Unit. Owner was provided with contact information and informed on BSO support functions as it relates to businesses within the city. Protein Paradise – August 28, 2024 - Met with new Dania Beach business owner and provided an overview of the functions of the BSO Neighborhood Support Team Unit. Owner was provided with contact information and informed on BSO support functions as it relates t o businesses within the city. Emerald Palms CPTED Assessment – August 29, 2024- Deputy Session and Deputy Hoff completed an assessment of Emerald Palms rental community. The development has 64 Buildings with a total of 318 units. The assessment provided an in-depth review of development and security strengthening suggestions to improve the quality of life for the residents. Meetings Zoom/In Person • August 29, 2024 – Dania Beach Health and Safety Meeting – 10:00am • September 10, 2024 – Griffin Civic HOA – 7:00pm • September 11, 2024 – Patriot Day Ceremony – 8:30am • September 11, 2024 – Dania Beach Chamber Meeting – 11:30am Page 49 of 303 BROWARD SHERIFF’S OFFICE CITY OF DANIA BEACH CALLS FOR SERVICE – 240 ZONE 8/16/2024 – 9/12/2024 THERE WERE A TOTAL OF 294 CALLS FOR SERVICE FOR 240 ZONE WITHIN THE LAST FOUR WEEKS. Page 50 of 303 THERE WERE A TOTAL OF 29 NOISE COMPLAINTS FOR ALL ZONES WITHIN THE LAST FOUR WEEKS. Page 51 of 303 TO: FROM : DATE: SUBJECT: Ana M. Garcia, City Manager, ICMA-CM Megan Jelaso Revenue Accountant September 3, 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 Page 52 of 303 Page 53 of 303 CITY OF DANIA BEACH FINANCE DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: Ana M. Garcia, ICMA-CM, City Manager. Megan Jelaso, Revenue Accountant September 16, 2024 Finance Monthly Report –August 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 Page 54 of 303 Building Fund Collections Building Fund - thru August 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 490,813 588,953 258,034 March 281,847 202,690 159,520 April 283,429 356,512 175,277 May 226,093 153,965 302,267 June 399,287 181,738 186,527 July 132,426 212,528 288,360 August 755,979 767,780 2,074,590 September 1,003,182 202,415 Total 6,114,301 4,924,453 4,957,330 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 1,770,790 March 3,313,906 3,049,515 1,930,310 April 3,597,334 3,406,027 2,105,586 May 3,823,427 3,559,992 2,407,853 June 4,222,715 3,741,730 2,594,380 July 4,355,140 3,954,258 2,882,740 August 5,111,119 4,722,038 4,957,330 September 6,114,301 4,924,453 Annual Goal 4,741,977 4,868,000 5,191,000 - 500,000 1,000,000 1,500,000 2,000,000 2,500,000 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 Page 55 of 303 Pier Revenues Pier Revenues - thru August 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 62,991 June 56,858 60,003 64,114 July 66,152 71,604 70,205 August 52,975 58,871 64,092 September 50,426 60,849 Total 906,740 947,320 849,985 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 680,329 695,993 651,574 June 737,187 755,996 715,688 July 803,339 827,600 785,894 August 856,314 886,471 849,985 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 Page 56 of 303 Parking Fee Collections Beach Parking - thru August 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 210,704 197,957 307,252 June 188,603 188,603 206,128 July 224,411 219,627 269,299 August 171,951 197,119 184,788 September 134,616 151,776 Total 1,737,704 1,934,380 2,388,218 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 1,728,003 June 1,206,726 1,365,857 1,934,131 July 1,431,138 1,585,485 2,203,430 August 1,603,088 1,782,604 2,388,218 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 3,000,000 Do l l a r s Beach Parking Collections - Cumulative Y-T-D 2021/22 2022/23 2023/24 Page 57 of 303 Marina Fee Collections Marina Fees - thru August 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 112,170 119,728 114,246 May 102,373 124,138 117,832 June 106,001 122,027 124,132 July 104,000 126,485 122,421 August 108,096 123,889 125,237 September 106,418 124,369 Total 1,311,218 1,444,481 1,326,815 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 784,330 823,574 837,194 May 886,703 947,711 955,026 June 992,704 1,069,738 1,079,158 July 1,096,704 1,196,223 1,201,579 August 1,204,800 1,320,112 1,326,815 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 Page 58 of 303 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 5,964.43 35,007.04 12,353.80 - 1,826.65 -15,476.92 70,628.84 Jun 2,895.07 36,788.45 10,685.89 - 1,200.22 1,876.85 16,111.21 69,557.69 Jul 2,993.62 36,221.53 10,843.80 -1,329.93 2,093.81 13,190.35 66,673.04 Aug 2,813.55 35,913.14 9,591.72 - 1,134.05 6,892.72 - 56,345.18 Sep - 30,422.11$ 403,393.23$ 130,435.12$ 11,901.60$ 13,844.04$ 28,499.64$ 129,451.81$ 748,810.05$ Annual Permit Fee Monthly Franchise Permit Application Fee Total Mo. Franchise Choice Waste AKA Waste Connections Waste Management All Service Refuse AKA Repucblic Services S & S National Waste AKA Bicon, Inc. Panzarella Waste & Recycling Services Great Waste COASTAL WASTE & RECYCLING INC Solid Waste Fund Oct 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 1,988.15$ 11,669.07$ 4,117.94$ - 608.89$ -5,158.98$ 23,543.03$ Jun 965.03 12,262.82 3,561.96 -400.08 625.62 5,370.40 23,185.91$ Jul 997.87 12,073.85 3,614.60 - 443.31 697.94 4,396.79 22,224.36$ Aug 937.85 11,971.05 3,197.24 -378.02 2,297.58 - 18,781.74$ Sep -$ 10,140.71$ 134,464.49$ 43,478.39$ 3,967.20$ 4,614.70$ 9,499.89$ 43,150.62$ 249,603.50$ 41,637.82$ 538,932.72$ 174,988.51$ 17,093.80$ 19,533.74$ 39,074.53$ 173,677.43$ 1,004,938.55$ Monthly Franchise Total Mo. Franchise Total Receipts Page 59 of 303 City of Dania Beach: Master Capital Projects Summary as of 07-31-2024 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 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 (3,018,832) 1,152,128 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 (7,463,404) 7,300,217 Water Fund NW 1st Ave Water Main Stirling-City Hall N/A Water 431,730 - - - 431,730 (48,549) 383,183 Design AMI Water Meter System Water 265,540 - - - 265,540 (265,540) - Design Total Water Fund Projects 697,270 - - - 697,270 (314,089) 383,183 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 (10,274,395) 123,375 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 (13,594,454) 8,583,088 Pier Fund Pier Refurbishing PS-BP-0040, PS- BP-0041 Pier, GF Loan 500,000 - - 1,818,188 2,318,188 (2,320,746) (2,558) Construction Total Pier Fund Projects 500,000 - - 1,818,188 2,318,188 (2,320,746) 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 312,623 250,000 200,000 300,000 612,623 (69,163) 543,461 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 3,588,850 569,150 400,000 4,662,198 (593,192) 4,136,456 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 (1,625,394) 1,280,068 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 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 Page 60 of 303 City of Dania Beach: Master Capital Projects Summary as of 07-31-2024 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 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 (1,542,073) 22,950,885 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 (166,690) 33,310 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 EOC Building Project Capital 454,449 - 454,449 (404,449) 50,000 Total Capital Projects Fund 27,552,116 - - 10,921,040 39,257,628 (9,473,578) 30,120,055 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 - - - - - - Page 61 of 303 # 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 17 $68,375 2024-2025 June 18 $54,575 July 5 $9,740 18 $47,175 August 8 $19,610 25 $57,400 September 6 $12,030 $41,380 $439,605 FY 2023 FY 2024 4000 14000 24000 34000 44000 54000 64000 74000 Credit Cards- Cemetery FY 2023 $ Value FY 2024 $ Value Page 62 of 303 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 21 $888 2024-2025 June 9 $411 10 $385 9 $208 July 10 $460 9 $198 2 $0 August 13 $508 2 $0 20 $310 September 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 Page 63 of 303 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 0 $0 1635 $502,840 1705 $482,818 2022-2023 June 0 $0 1771 $486,384 1890 $677,359 July 0 $0 2003 $522,805 1956 $509,105 August 0 $0 1919 $591,853 1745 $44,810 September 0 $0 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 Page 64 of 303 FY 2024 # of Pymts $ Value # of Pymts $ Value # of Pymts $ Value October November December January February March 31 $448,959 April 30 $724,743 May 30 $1,159,841 June 30 $584,435 July 31 $1,062,320 August 31 $1,020,856 September Pull information from "Net Financial Activity" FY 2025 FY 2026 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 Tyler Payment FY 2024 # of Pymts FY 2025 # of Pymts FY 2026 # of Pymts Page 65 of 303 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 315 $21,926 205 $16,068 147 $11,025 June 168 $13,708 125 $10,999 216 $16,773 July 183 $3,038 108 $7,008 125 $6,317 August 233 $9,575 203 $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 Page 66 of 303 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 66,000 104,900 84,300 June 70,000 111,500 74,100 July 79,400 110,600 67,100 August 100,100 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 Page 67 of 303 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 618 342 505 June 391 331 508 July 331 202 321 August 250 403 501 September 422 499 YouTube Channel 0 100 200 300 400 500 600 700 800 Commission Meeting Views FY 2024 FY 2022 FY 2023 Page 68 of 303 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%39.7%66.4%44.1%27.6%41.6% 38.8% Smartphone 53.4%44.2%55.3%54.4%25.1%57.4%57.3%32.5%54.0%37.3%56.4% 47.9% Tablet 1.8%5.0%2.2%1.9%2.2%2.1%2.3%1.2%1.6%1.5%2.0% 7.3% Other 0.0%0.6%0.0%0.7%0.1% 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 Page 69 of 303 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 12,087 10,274 10,489 2021-2022 June 11,809 10,791 12,351 2022-2023 July 12,019 9,164 10,843 August 11,919 10,658 11,775 September 9,667 9,897 NUMBER OF CITY-WIDE PHONECALLS 0 2000 4000 6000 8000 10000 12000 14000 Page 70 of 303 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 999 775 June 1008 778 890 July 1019 782 886 August 1026 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 Page 71 of 303 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 12,472.31$ 11,120.90$ 10,160.84$ June 15,266.47$ 12,405.61$ 11,336.27$ July 14,865.64$ 10,289.44$ 11,575.17$ August 14,014.91$ 10,380.86$ 8,117.21$ September -$ 11,842.84$ 7,940.87$ FY 2022 FY 2023 FY 2024 $- $5,000.00 $10,000.00 $15,000.00 $20,000.00 Kiosk FY 2024 FY 2023 FY2022 Page 72 of 303 Out of Business/Inactive # of BTRs Dollar Amount BF Dania LLC 1 530.00$ Trey Lokey Inc 1 131.25$ E Combustible Energy LLC 1 728.75$ Fence Wholesale LLC 1 477.50$ Fence Wholesale LLC 1 525.00$ Garneau, Martin 1 31.50$ Horacio Giacomo LLC 1 31.50$ Ikash LLC 1 577.50$ Marko Zivanovic 1 236.25$ Sam Holdings 2000 LLC 1 186.00$ Southpaw of S FL Inc 1 246.25$ Spectrasite Communications LLC 1 1,050.00$ Tinker's 1 372.50$ Total Out of Business/Inactive 13 5,124.00$ New Approved Applications # of BTRs Dollar Amount 203 NE 2nd AVE LLC 1 63.00$ 36 SW 15 ST LLC 1 191.25$ Altitude Trading Inc 1 31.50$ Basad Investment LLC 1 63.00$ Bob Scott Light, Power and Sign LLC 1 625.00$ Burger Guys of Dania Pointe LLC 1 372.50$ Morning Joe Dania Pointe LLC 1 630.00$ D N Y Holdings LLC 1 63.00$ Dania JSS LLC 1 207.00$ Don Transportation LLC 1 131.25$ Ellie M Corney 1 31.50$ Essentialis LLC 1 15.75$ Fence Wholesale LLC 1 777.50$ Fence Wholesale LLC 1 625.00$ Flips and Twists LLC 1 454.38$ Global Companies LLC 1 1,313.75$ WSA Insurance LLC 1 677.50$ Goodfellas Locksmith LLC 1 131.25$ Grupo Alke LLC 1 677.50$ Ina Mitskevich 1 63.00$ Itzhak Bak 1 31.50$ HFD No 55 Inc 1 1,465.00$ Martin A Ruggeri Samarra 1 207.00$ Mary Pisani 1 31.50$ Natalia Villegas & Guillermo Yunez 1 63.00$ Nissim Realty LLC 1 15.75$ Professional Medical Research LLC 1 751.25$ Sam Holdings 2000 LLC 1 186.00$ Southpaw Pet Grooming Inc 1 546.25$ Tal Rent A Car 123 LLC 1 367.50$ Foldmaster Laundry Solutions LLC 1 1,599.50$ Total New Applications 31 12,408.88$ BTR Status # of BTRs Total Dollar Amount Open Renewals- Current Year 308 85,766.80$ Paid Renewals 2,963 1,035,352.34$ Total BTRs as of 08/31/2024 3,271 1,121,119.14 ** **includes license fee, fire inpsection & solid waste registration Business Tax Receipt Activity - August 2024 Page 73 of 303 >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%262,509 1,229,203 21% June 190,542 1,173,565 16%184,340 1,178,310 16%247,808 1,372,056 18% July 201,407 1,194,888 17%190,677 1,288,709 15%261,459 1,298,366 20% August 202,749 1,120,866 18%198,874 1,252,551 16%252,820 1,250,659 20% 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% 235,200$ 1,270,536$ 19% 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%401,076 2% June 376,626 394,781 5%405,003 3% July 371,165 397,219 7%404,194 2% August 372,990 396,674 6%407,690 3% September 375,001 387,690 3% Annual Avg 360,506$ 389,328$ 7%398,495$ 2% 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 310,000 320,000 330,000 340,000 350,000 360,000 370,000 380,000 390,000 400,000 410,000 420,000 Inactive Accounts > 120 days FY 2022 FY 2023 FY 2024 Page 74 of 303 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 2,900.00 - - 2,215.00 2,480.00 496.00 56 55 Jun 4,671.00 12,456.00 1,450.00 1,750.00 2,715.00 3,005.00 601.00 39 49 Jul - - - 75.00 2,860.00 2,640.00 528.00 43 53 Aug 10,120.00 63,837.00 12,456.00 1,935.00 2,855.00 2,710.00 542.00 48 52 Sept 196,961.00 1,750.00 2,510.00 - 39 Total 369,735$ 100,333$ 21,977$ 6,660$ 31,535$ 29,875$ 5,975$ 516 521 10% # 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 Page 75 of 303 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 (12,900) - June (4,820) - July (55,000) - August (3,138) - September - - Sub-Total (Uses) / Additions (148,263) (3,490,387) Sub-Total Available 278,437 25,385,335 Other Considerations GFOA/City Commission 25% Reserve (13,000,000)est. Estimate of Availability at 09/30/24 278,437$ 12,385,335$ Page 76 of 303 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 (12,900) Pedestal and Plaques -DP Key $5,900; Pillow Talk prog $2500;End of Year School Takeover Event $,500 June (4,820) Post 209 Boys & Girls -State $2,694; Summer Camps $2,126 July (55,000) Lighthouse for students $2,500; Career Source Broward $50k; Love our Nation $2,500 August (3,138) DB Chamber Mayoral - Sponsorship - $2,000; AFL-CIO Ball - 4 tickets - $1,138 September Balance Remaining 278,437$ Page 77 of 303 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 Page 78 of 303 MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, SEPTEMBER 12, 2024 – 7:00 P.M. 1.CALL TO ORDER/ROLL CALL Mayor Ryan called the meeting to order at 7:00 p.m. Present: Mayor: A. J. Ryan IV Vice-Mayor: Lori Lewellen Commissioners: Joyce L. Davis Tamara James Marco A. Salvino, Sr. City Manager: Ana M. Garcia, ICMA-CM City Attorney: Eve Boutsis City Clerk: Elora Riera, MMC 2.MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE Mayor Ryan called for a moment of silence followed by the Pledge of Allegiance to the United States Flag. 3.BUDGET PUBLIC HEARING ITEMS 3.1 RESOLUTION NO. 2024-___ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE IMPOSITION OF FIRE RESCUE ASSESSMENTS AND PROVISION OF FIRE PROTECTION SERVICES, FACILITIES, AND PROGRAMS IN THE CITY OF DANIA BEACH, FLORIDA; RATIFYING, CONFIRMING, AND SUPPLEMENTING RESOLUTION NO. 2024-096; REIMPOSING FIRE RESCUE ASSESSMENTS WITH UPDATED ASSESSMENT RATES AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024; APPROVING THE RATES OF ASSESSMENT; APPROVING THE FINAL ASSESSMENT ROLL; PROVIDING FOR EFFECT OF ADOPTION OF RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (Finance) Page 79 of 303 Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 12, 2024 – 7:00 p.m. 2 City Attorney Boutsis read the title of the resolution into the record. Chief Financial Officer Frank DiPaolo introduced the item. Mayor Ryan opened the floor to public comments, there being none, public hearing was closed. Commissioner James made a motion to approve the resolution. The motion was seconded by Vice Mayor Lewellen which carried unanimously on voice vote. 3.2 RESOLUTION NO. 2024-___ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE SERVICE ASSESSMENTS IN THE CITY OF DANIA BEACH, FLORIDA; RE-IMPOSING SOLID WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE BOUNDARIES OF THE CITY OF DANIA BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance) City Attorney Boutsis read the title of the resolution into the record. Chief Financial Officer Frank DiPaolo introduced the item. Mayor Ryan opened the floor to public comments, there being none, public hearing was closed. Commissioner James made a motion to approve the resolution. The motion was seconded by Vice Mayor Lewellen which carried unanimously on voice vote. 3.3 RESOLUTION NO. 2024-___ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE PROVISION OF STORMWATER MANAGEMENT SERVICES IN THE CITY OF DANIA BEACH, FLORIDA; IMPOSING AND RE-IMPOSING STORMWATER ASSESSMENTS AGAINST PROPERTY LOCATED WITHIN THE CITY OF DANIA BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance) City Attorney Boutsis read the title of the resolution into the record. Chief Financial Officer Frank DiPaolo introduced the item. Mayor Ryan opened the floor to public comments, there being none, public hearing was closed. Commissioner James made a motion to approve the resolution. The motion was seconded by Vice Mayor Lewellen which carried unanimously on voice vote. Page 80 of 303 Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 12, 2024 – 7:00 p.m. 3 3.4 RESOLUTION NO. 2024-___ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING THE PROPOSED MILLAGE RATE NECESSARY TO BE LEVIED FOR THE FISCAL YEAR 2024-2025 FOR OPERATING PURPOSES; ESTABLISHING THE DEBT MILLAGE APPROVED BY THE ELECTORATE; PROVIDING FOR A PUBLIC HEARING WHEN AND WHERE OBJECTIONS MAY BE HEARD AND QUESTIONS CONCERNING THE SAME WILL BE ANSWERED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance) City Attorney Boutsis read the title of the resolution into the record. She commented that the proposed operating municipal millage rate will be 5.9998 mils which reflects no change from the city’s current fiscal year millage rate. This operating millage rate represents a 4.99% increase over the roll back rate of 5.7147 mills, as computed in accordance with 200.65 of the Florida Statutes. The voter approved debt service millage rate is 0.0985 mills, in accordance with the provisions of the law pursuant to 200 of the Florida Statutes and the city’s aggregate millage rate is 6.0983 mills, which is 5.9998 mills for operating and 0.0985 mills for debt service. The final public hearing for the ad valorem tax millage and budget will be held on Tuesday, September 24th, 2024 here at City Hall at 100 West Dania Beach Boulevard at 7:00 p.m. Chief Financial Officer Frank DiPaolo introduced the item. Mayor Ryan opened the floor to public comments, there being none, public hearing was closed. Commissioner James made a motion to approve the resolution. The motion was seconded by Vice Mayor Lewellen which carried unanimously on voice vote. 3.5 RESOLUTION NO. 2024-___ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065, FLORIDA STATUTES, APPROVING A TENTATIVE ANNUAL BUDGET FOR THE CITY FOR THE FISCAL YEAR 2024-2025; PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS WILL BE HEARD AND QUESTIONS CONCERNING THE BUDGET WILL BE ANSWERED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Finance) City Attorney Boutsis read the title of the resolution into the record. Chief Financial Officer Frank DiPaolo introduced the item. Mayor Ryan opened the floor to public comments, there being none, public hearing was closed. Commissioner James made a motion to approve the resolution. The motion was seconded by Vice Mayor Lewellen which carried unanimously on voice vote. Page 81 of 303 Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 12, 2024 – 7:00 p.m. 4 4.PRESENTATIONS AND SPECIAL EVENT APPROVALS 4.1 Eagle Scouts Presentation of Flag Box - Sponsored by Vice Mayor Lewellen Jacob McKaig from Troop 436 presented his Eagle Project, a flag retirement box, where residents can respectfully retire their American flags. 4.2 CareerSource Broward - Summer Youth Employment Program (SYEP) - Sponsored by Commissioner James Latima Thomas of CareerSource Broward gave a PowerPoint presentation on the Summer Youth Employment Program and gave a brief overview of how it went. 4.3 Request for Approval of Proclamation - Childhood Cancer Awareness Month - Sponsored by Commissioner Davis Consensus to approve the proclamation. 5.PROCLAMATIONS There were no proclamations. 6.ADMINISTRATIVE REPORTS 6.1 City Manager City Manager Garcia presented her managers report and touched on the following topics: - Recruitment video for the City of Dania Beach - Commendation to the Marketing Team for winning the Silver Circle Award for the Pioneer Newsletter at the National Savvy Awards in Texas - Broward County School Board meeting changed to Monday, September 30th, 2024 at South Broward High School to address Dania Beach schools - Bond Rating meeting - Partnership with Rita Crocket for beach volleyball program at Frost Park - Conversations with Ron Book regarding the upcoming legislative session - Water plant project to replace motor gear box, valves and actuators - Southwest 52nd Street storm drainage project 6.2 City Attorney City Attorney Boutsis had nothing to report. 6.3 City Clerk - Reminders City Clerk Riera reminded the Commission of the following upcoming meetings: Page 82 of 303 Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 12, 2024 – 7:00 p.m. 5 - September 24, 2024 Final Budget Hearing and Regular City Commission Meeting - 7:00 p.m. - October 7, 2024 CRA Board Meeting - 5:30 p.m. - October 7, 2024 Regular City Commission Meeting - 7:00 p.m. 7.PUBLIC SAFETY REPORTS Captain Tarala reported on recent criminal activity in the city to include a shots fired call, a burglary in progress and a robbery. He provided an update on Dania Pointe and said there hasn’t been a single issue in 8 weeks. He advised that Broward Sheriff’s Office will be holding a Shred-a-thon and Operation Medicine Cabinet on Saturday, September 21st, 2024 at Bass Pro Shops from 10:00 a.m. to 1:00 p.m. and the Night Out with Law Enforcement at Frost Park on October 25th, 2024. He further advised that the department will be setting up a DL checkpoint in the city and he will advise the date, time and location when he is aware of it. Captain Tarala commended Lieutenant Cooper for everything she does for the department and the city. Fire Chief Pellecer reported that they just finished up with the biannual fire drills with City Hall, Public Services and Parks and Recreation and everyone did a great job. The firefighters have been participating in Life Scan physicals to ensure they are in top shape, and they have brought back the senior meetings to provide safety tips to seniors. He reported on call volumes within the city, and he thanked the Commission and City Staff for their support during the annual September 11th Commemoration. He noted that they are preparing for the Toy Drive and will be working with the Parks and Recreation team and Special Events team to bring something better this year. 8.CITIZENS’ COMMENTS The following spoke under citizens’ comments: - Linda Wilson – 1547 Adams Street, Hollywood 9.CONSENT AGENDA Commissioner James made a motion to approve the consent agenda. The motion was seconded by Vice Mayor Lewellen which carried unanimously on voice vote. 9.1 Minutes: August 27, 2024 City Commission Meeting Approved under consent agenda. 9.2 Travel Requests: None. 9.3 RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT (“ILA”) FOR OPTIONAL SERVICES WITH BROWARD COUNTY RELATING TO SERVICES FOR THE “KEEP BROWARD BEAUTIFUL” PROGRAM FOR HOUSEHOLD HAZARDOUS WASTE, BULK TRASH AND YARD Page 83 of 303 Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 12, 2024 – 7:00 p.m. 6 WASTE DROP-OFF PROGRAMS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) Approved under consent agenda. 9.4 RESOLUTION NO. 2023-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FOURTH AMENDMENT TO AN INTERLOCAL AGREEMENT ("ILA") WITH BROWARD COUNTY AND THE CITY OF DANIA BEACH RELATING TO COMMUNITY SHUTTLE BUS TO ADJUST THE SERVICING ROUTE FOR THE EAST AND WEST ROUTES, AND MODIFY THE OPERATING HOURS FROM MONDAY-SATURDAY (9:00 A.M. - 5:47 P.M.) TO MONDAY-SATURDAY (9:00 A.M. - 6:00 P.M.); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(Public Services) Approved under consent agenda. 9.5 RESOLUTION NO. 2023-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE FLORIDA RECREATIONAL DEVELOPMENT ASSISTANCE PROGRAM (“FRDAP”) TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR STATE OF FLORIDA FISCAL YEAR 2024-2025 FOR ADDITIONAL PLAY STRUCTURE AND MINOR PARK IMPROVEMENTS AT DANIA COVE PARK; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Parks and Recreation) Approved under consent agenda. 9.6 RESOLUTION NO. 2023-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH GABOTON GROUP, LLC TO PROVIDE FEDERAL PUBLIC AFFAIRS LOBBYIST AND LEGISLATIVE SERVICES, IN AN AMOUNT NOT TO EXCEED FORTY-FIVE THOUSAND DOLLARS ($45,000.00) EFFECTIVE OCTOBER 1, 2024 THROUGH SEPTEMBER 30, 2025; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE (City Manager) Approved under consent agenda. 9.7 RESOLUTION NO. 2023-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, OPPOSING ANY CURRENT OR FUTURE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROPOSED INITIATIVES CURRENTLY KNOWN AS THE “GREAT OUTDOORS INITIATIVE” THAT WOULD AUTHORIZE GOLF COURSES, Page 84 of 303 Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 12, 2024 – 7:00 p.m. 7 PARK LODGES OR PICKLEBALL FACILITIES IN NATURE PRESERVE PARKS; AND OPPOSE ANY SPECIFIC AMENDMENTS TO THE UNIT MANAGEMENT PLAN FOR DR. VON D. MIZELL-EULA JOHNSON STATE PARK; PROVIDING FOR DISTRIBUTION, DIRECTION TO THE CITY'S STATE LOBBYISTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Commissioner Davis) Approved under consent agenda. 10.BIDS AND REQUESTS FOR PROPOSALS None. 11.QUASI-JUDICIAL HEARINGS 11.1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PURSUANT TO THE REQUIREMENTS OF FLORIDA STATUTES SECTION 255.065, AFTER HOLDING THE SECOND OF TWO PUBLIC HEARINGS, ACCEPTS AN UNSOLICITED PROPOSAL BY RITA CROCKETT BEACH SPORTS ACADEMY (RCBSA) FOR A QUALIFIED PROJECT FOR “THE PIT”, A BEACH SPORTS FACILITY AT FROST PARK; AND MAKING A DETERMINATION THAT IT IS IN THE PUBLIC’S INTEREST TO PROCEED WITH THE UNSOLICITED PROPOSAL; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (City Attorney) City Attorney Boutsis read the title of the resolution into the record. Mayor Ryan opened the floor to public comments and the following spoke: - Linda Wilson – 1547 Adams Street, Hollywood Commissioner Davis made a motion to approve the resolution. The motion was seconded by Commissioner James which carried unanimously on voice vote. Commissioner James stated how proud she is that the Parks Department has partnered with different people to bring unique things to the City of Dania Beach. She noted that the city has had the parks master plan for some time, and it has changed quite a few times and as our needs grow, we need to diversify the types of sports that we offer. Rita Crockett of Rita Crockett Beach Sports Academy spoke to the Commission and shared her Olympic Medal and Congressional Medal of Honor. 12.FIRST READING ORDINANCES None. 13.SECOND READING ORDINANCES 12.1 ORDINANCE NO. 2024-______ Page 85 of 303 Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 12, 2024 – 7:00 p.m. 8 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF CITY FUNDS EXCEEDING ONE MILLION DOLLARS ($1,000,000.00) FOR REBUILDING LIFT STATIONS NO. 4, NO. 6 AND NO. 11; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Public Services) City Attorney Boutsis read the title of the ordinance into the record. Deputy Director of Public Services Dincer Ozaydin introduced the item. Mayor Ryan opened the floor to public comments, there being none, public hearing was closed. Commissioner James made a motion to approve the resolution. The motion was seconded by Vice Mayor Lewellen which carried unanimously on voice vote. 14.DISCUSSION AND POSSIBLE ACTION 14.1 RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY ADMINISTRATION TO APPROVE A CONTRACT TO WORK WITH DELASOCIAL TO CREATE INTERACTIVE PUBLIC ART MOSAIC IN CELEBRATION OF THE CITY’S 120TH ANNIVERSARY INITIATED BY THE CITY’S PUBLIC ART ADVISORY BOARD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Community Development) City Attorney Boutsis read the title of the resolution into the record. Director of Community Development Eleanor Norena introduced the item. Commissioner Salvino made a motion to approve the resolution. The motion was seconded by Commissioner James which carried unanimously on voice vote. 14.2 U.S. Coast Guard Parking at Dania Beach - Sponsored by Commissioner Davis Commissioner Davis introduced the item and is looking for consensus for free or discounted pricing for parking at the beach. Commissioner Salvino was willing to provide a discount similar to residents or seniors. Commissioner James expressed her concern for the revenue that the parking brings in. Vice Mayor Lewellen expressed her concern for the limited space as well as the need to provide this opportunity to others as well. There was no direction or action taken on this item. Page 86 of 303 Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 12, 2024 – 7:00 p.m. 9 15.APPOINTMENTS 15.1 Education Advisory Board - 2 vacancies - Vice Mayor Lewellen - Commissioner Salvino None at this time. 15.2 Marine Advisory Board - 2 vacancies - Vice Mayor Lewellen - Commissioner James None at this time. Commissioner James and Commissioner Salvino will switch their appointments; therefore, Commissioner James will make an appointment for the Education Advisory Board and Commissioner Salvino will make an appointment for the Marine Advisory Board. 16.COMMISSION COMMENTS 15.1 Commissioner Davis Commissioner Davis congratulated Chief Pellecer on the 9/11 ceremony and said that she received a suggestion from a resident suggesting a partnership with Olsen Middle School to involve some of the children and commemorate 9/11 in partnership with our schools. She inquired when the last meeting would be to use the remainder of the commission contingency funds and City Manager Garcia responded that it would be the September 24th meeting. 15.2 Commissioner James Commissioner James commented that the 9/11 ceremony was beautiful, and it is always a reminder of something that can unite us although it was a horrific tragedy. She has drove by and noticed the progress of C.W. Thomas Park and is excited for the facility and what it will bring the community. She commended the Chamber for always having packed luncheons for the businesses in our city and noted she is excited to be representing the city at the PEA retreat. 15.3 Commissioner Salvino Commissioner Salvino commented that the 9/11 ceremony keeps getting better every year and it was a nice job put on by BSO. He is requesting to utilize $2,000.00 from the Commission contingency fund to sponsor a table of 10 for the Prestige Club’s Gala on October 19th. He is also requesting to utilize $1,000.00 from his contingency to assist the Prestige Club with their renovations. There was commission consensus to utilize the funds from the Commission contingency and his personal contingency for the Prestige Club. 15.4 Vice-Mayor Lewellen Page 87 of 303 Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 12, 2024 – 7:00 p.m. 10 Vice Mayor Lewellen echoed everyone’s comments on the wonderful job Chief Pellecer did on the 9/11 ceremony. 15.5 Mayor Ryan Mayor Ryan said the 9/11 ceremony was very touching and impactful. The city does a wonderful job to honor and remember everything that happened that day. 17.ADJOURNMENT Mayor Ryan adjourned the meeting at 8:23 p.m. ATTEST: CITY OF DANIA BEACH ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR Approved: Page 88 of 303 City of Dania Beach Human Resources Memorandum DATE: 9/24/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Linda Gonzalez, SPHR, SHRM-SCP, Chief Human Resources Officer SUBJECT: FY 2024-25 General Liability and other Comprehensive Insurance Coverage Request: The City Administration requests adoption of a Resolution authorizing the renewal of our fully- insured General Liability and other Comprehensive Insurance Coverage for Fiscal Year 2024-25. The City’s insurance broker, Risk Management Associates, Inc., a wholly owned subsidiary of Brown & Brown, Inc. (“B&B”), has provided a comprehensive insurance renewal package for FY 2024-25. Coverage includes several insurance policies which are detailed on the Premium Comparison attachment. Background: Property Appraisal completed In order to maintain proper insurance coverage, and due to the increase in property value trends, Brown & Brown assisted with a property appraisal service this year, at no charge to the City. The appraisal service includes valuation trending and onsite appraisal services every 5 years to ensure current valuation of the City’s assets. In the past few years, construction costs have increased dramatically due to the high level of inflation, supply chain issues, and other economic factors. Increasing construction costs directly affects Property insurance due to the changing/increased costs to repair or rebuild City assets following insured losses such as the April 2023 flash floods, fire, lightning, hurricane, etc. As outlined below, our property value has increased by $8.7 million dollars, which resulted in a change in premium of $126,437. Below is an overview of historical property trending and the 2024 Property Appraisal process: • The City’s last property appraisal was performed in 2019 • The City trended values by 7.79% in 2023 • The City approved the appraisal with impact as follows: Current Total Insurable Value (TIV): $56,207,506 Appraised Values: $64,922,993 Difference in TIV: $8,715,487- 16% increase Change in Premium - $126,437 (including increase to flood insurance policies) Page 89 of 303 • Other new assets added during the year comprised an approximately 2% increase in values (including miscellaneous Parks additions and mobile offices at Beach) Growth Within The City The City’s growth resulted in increased risk exposures utilized to calculate policy premiums as follows: • 26% increase in value of equipment (including mobile generators, license plate readers, etc.) • 40% increase in value of vehicle fleet (including 2 ambulances) • 14% increase in number of vehicles • 7% increase in number of employees • 11.76% increase in estimated payroll for FY 2024/25 (which includes cost of living increases and new positions Value Added Services with Brown & Brown B&B has been a trusted insurance partner to the City for several years. Through the insurance program, B&B provides ongoing Risk Management support, intended to control claim activity and transfer risk and the specific services provided by the B&B Team are as follows: • 4-star rating from Stewardship Report for value and savings associated with TIPS Safety Grant program, Vector Solutions and Streamery online training platforms, Risk Management Resource Center (HR/Cyber/ADA Compliance), and Property Appraisal; $35,394 value • Director of Loss Control providing direct support for safety and loss control objectives - including participation in and support of Safety Committee. • Claims Advocacy for liability, workers compensation, and property claims – specifically facilitated immediate response and daily involvement with mitigation and repairs following the April 2023 flooding. • Quarterly Claims Reviews • Participation in Quarterly Safety Meetings • Direct training of City Staff in areas such as: claims, cyber breach response, vendor insurance requirements. • COI Compliance Team - Daily Certification of Insurance (COI) reviews and Operational contract insurance recommendations for new contracts. Due to the continued growth in the City, a team of professionals is engaged to assist with effective contractual risk transfer processes and procedures to align with the City’s Insurance Policy. Training has been conducted over several sessions with all City Departments to ensure compliance. The City’s Safety Committee has utilized these and other resources to maintain a “best in class” status in risk management and safety objectives. In summary, the City Administration recommends renewal of the insurance program and continuance of the relationship with Brown and Brown. What is this and what is the dollar amount $35,394? Is that the value of all of these services? See the Stewardship Report which details, and can be attached to the Agenda at your decision. Page 90 of 303 Budgetary Impact Due to the increase in property values, the general insurance market, and growth within the City and property, the City’s FY 2024-25 insurance cost will increase by $327,113 or 17.14%, for total premium of $2,234,707. This amount is within the planned, budgeted cost. Recommendation Adopt the Resolution authorizing the renewal of fully-insured General Liability and other Comprehensive Insurance Coverage for Fiscal Year 2024-25. Page 91 of 303 RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE RENEWAL OF THE COMPREHENSIVE PROPERTY & CASUALTY INSURANCE PROGRAM FOR THE CITY THROUGH RISK MANAGEMENT ASSOCIATES, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS, WHICH INSURANCE PACKAGE SHALL INCLUDE COVERAGE FOR PROPERTY, CRIME, LIABILITY, WORKERS’ COMPENSATION, AND OTHER COVERAGES TO INCLUDE THE NATIONAL FLOOD INSURANCE PROGRAM (“NFIP”), FOR A COMBINED ANNUAL PREMIUM AMOUNT OF TWO MILLION, TWO HUNDRED FIFTY-NINE THOUSAND SEVEN HUNDRED SEVEN DOLLARS ($2,259,707.00) FOR COVERAGE BEGINNING OCTOBER 1, 2024 THROUGH SEPTEMBER 30, 2025; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, “Monetary thresholds for certain purchases and payment disbursement authorizations”, Subsection (a), sets the monetary threshold or limitation at $50,000.00; and WHEREAS, the City of Dania Beach (the “City”) currently obtains its Comprehensive Property & Casualty coverage (the “Coverage”) through Risk Management Associates, Inc., a wholly owned subsidiary of Brown & Brown, Inc. (“B&B”); and WHEREAS, B&B is responsive and provides guidance to the City relating to loss control, claims handling, risk management and liability concerns on major contractual agreements, special events programming, construction projects, appropriate vendor insurance requirements, and bid specifications; and WHEREAS, the City Administration recommends that the City Commission waive competitive bidding and authorize renewal of Coverage through Preferred Governmental Insurance Trust (PGIT) and other associated insurers through B&B for Fiscal Year 2024-25; and WHEREAS, upon adoption of this Resolution, the City will obtain insurance coverages as outlined in the Breakdown of Coverage and Services, a copy of which is attached as "Exhibit A", and is made a part of and incorporated into this Resolution by this reference, which approval of coverage will authorize any and all premium adjustments to be made by the City Manager during the fiscal year, as may be necessary to properly protect the City and its assets. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Page 92 of 303 2 RESOLUTION #2024-______ 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 approves the renewal of the City’s Comprehensive Property & Casualty coverage through Risk Management Associates, Inc., a wholly owned subsidiary of Brown & Brown, Inc. (“B&B”), for FY 2024-25 for a combined annual premium amount of Two Million Two Hundred Fifty-Nine Thousand Seven Hundred Seven Dollars ($2,259,707.00) for coverage beginning October 1, 2024 through September 30, 2025. Section 3.That the cost of the Coverage has increased due to major changes in City’s risk exposures such as a sixteen percent (16%) increase in property values, audited payrolls, vehicles, equipment, and real property inventory, is planned, appropriated and has been made available through appropriate allocations to various City Funds in the proposed Fiscal Year 2024- 2025 budget. Section 4.That the cost for coverage shall exceed the Fifty Thousand Dollars ($50,000.00) annual vendor threshold, and the City Commission hereby waives the competitive procurement requirements relating to the renewal of its Comprehensive Property & Casualty coverage with Preferred Governmental Insurance Trust (PGIT) and other associated insurers through B&B for Fiscal Year 2024-25. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6.That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 7.That this Resolution shall be effective upon passage. SIGNATURES ON THE FOLLOWING PAGE Page 93 of 303 3 RESOLUTION #2024-______ PASSED AND ADOPTED on , 2024. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Joyce L. Davis ____ ____ Commissioner Tamara James ____ ____ Commissioner Marco Salvino ____ ____ Vice Mayor Lori Lewellen ____ ____ Mayor Archibald J. Ryan IV ____ ____ ATTEST: ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY Page 94 of 303 PREMIUM AND COVERAGE COMPARISON Covered Party: Effective Date: Version Date: LIMIT ANNUAL PREMIUM LIMIT ANNUAL PREMIUM 55,017,083$ 786,737$ 64,922,993$ 930,286$ 55,017,083$ 64,922,993$ 3,000,000$ 3,000,000$ 55,017,083$ 64,922,993$ 500,000$ 500,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 250,000$ 250,000$ 1,000,000$ 1,000,000$ Included in Blanket 21,708$ Included in Blanket 27,290$ 1,219,962$ 1,825,650$ Included in Blanket Included in Blanket Included in Blanket Included in Blanket 270,000$ 270,000$ 120,000$ 120,000$ 50,000$ 50,000$ Included in Blanket Included in Blanket 19,013$ 32,000$ 652,683$ 652,683$ 808,445$ 957,576$ 500,000$ 1,785$ 500,000$ 1,777$ 500,000$ 500,000$ 500,000$ 500,000$ 500,000$ 500,000$ 1,785$ 1,777$ 1,000,000$ 364,299$ 1,000,000$ 408,254$ 1,000,000$ Included 1,000,000$ Included 1,000,000$ Included 1,000,000$ Included 364,299$ 408,254$ 1,000,000$ 66,764$ 1,000,000$ 75,938$ Rejected Rejected AV over $100,000 31,026$ AV over $100,000 44,903$ 35,000$ 35,000$ None None 97,790$ 120,841$ 1,000,000$ 187,620$ 1,000,000$ 213,009$ 1,000,000$ Included 1,000,000$ Included 7,075$ 8,565$ Included 194,695$ 221,574$ Statutory 218,644$ Statutory 262,666$ $1m/$1m/$1m Included $1m/$1m/$1m Included 218,644$ 262,666$ $1,000,000/$2,000,000 15,387$ $1,000,000/$2,000,000 16,484$ 769$ 330$ 16,156$ 16,814$ City of Dania Beach 10/1/2024 8/29/2024 2023/2024 2024/2025 18% Increase in values due to new property added and Property Appraisal to update current Replacement Costs. Property: Preferred Govt'l Ins Trust LINE OF COVERAGE DEDUCTIBLE Deductible PGIT PACKAGE POLICY (Property, Inland Marine, Crime, GL, Auto, POL) 10,000$ Buildings & Contents - Blanket 10,000$ 10,000$ Equipment Breakdown 10,000$ 10,000$ Excess Flood 10,000$ Named Windstorm 5%/$35,000 minimum 5%/35,000 minimum Accounts Receivable 10,000$ 10,000$ Additional Expense 10,000$ Demolition & Increased Cost of Construction 10,000$ 10,000$ Inland Marine (Equipment): 10,000$ Business Income 10,000$ 10,000$ Errors & Omissions 10,000$ 10,000$ 2,500$ Emergency Services Portable Equip 2,500$ 2,500$ Fine Arts 2,500$ 2,500$ Communications Equipment 2,500$ 2,500$ Mobile Equipment 2,500$ 2,500$ Electronic Data Processing 2,500$ Valuable Papers 2,500$ 2,500$ Watercraft 2,500$ 2,500$ Other Inland Marine 2,500$ 2,500$ Rented Borrowed Leased Equipment 2,500$ 2,500$ Sub-Total Sub-Total Crime: Preferred Govt'l Ins Trust Blanket Unscheduled Inland Marine 2,500$ 2,500$ Computer Fraud including Funds Transfer 1,000$ 1,000$ Forgery/Alterations 1,000$ 1,000$ Employee Dishonesty 1,000$ 1,000$ Theft, Disappearance & Destruction In/Out 1,000$ 1,000$ General Liability -$ -$ Employee Benefits -$ -$ Sub-Total Sub-Total General Liability: Preferred Govt'l Ins Trust Sub-Total Sub-Total Automobile: Preferred Govt'l Ins Trust Deadly Weapon -$ -$ 1,000$ Hired Physical Damage 1,000$ 1,000$ Medical Payments Auto Liability -$ -$ Uninsured Motorist -$ -$ Collision 1,000$ Public Officials: Preferred Govt'l Ins Trust Public Officials Liability 10,000$ 10,000$ Sub-Total Sub-Total Sub-Total Sub-Total Workers' Compensation: Employment Practices Liability 10,000$ 10,000$ Cyber/Privacy Liability Coverage Details Exempt from Publc Record Per HB 7057 Coverage Details Exempt from Publc Record Per HB 7057 Workers' Compensation -$ -$ Preferred Govt'l Ins Trust 10/1/23 Experience Mod: .89 10/1/24 Experience Mod: 1.08 Employers Liability -$ -$ Sub-Total Sub-Total Sub-Total Sub-Total Premises & Tank Pollution Liability Illinois Union Pollution 25,000$ 25,000$ TRIA Terrorism This proposal is intended to give a brief overview. Higher limits may be available. Please refer to coverage forms for complete details regarding definition of terms, exclusions and limitations.Page 1 of 2 8/29/2024 Page 95 of 303 PREMIUM AND COVERAGE COMPARISON Covered Party: Effective Date: Version Date: LIMIT ANNUAL PREMIUM LIMIT ANNUAL PREMIUM City of Dania Beach 10/1/2024 8/29/2024 2023/2024 2024/2025 LINE OF COVERAGE DEDUCTIBLE Deductible 3,500,000$ 140,400$ 3,750,000$ 166,050$ 500,000$ Included 750,000$ Included 2,387$ 1,661$ N/A (admitted) N/A (admitted) 142,787$ 167,711$ (Premium due 20 days prior to expiration) (To be billed, premium due 20 days prior to 10/1 expiration) Storage Tank Liability $1,000,000/$4,000,000 1,939$ $1,000,000/$4,000,000 1,999$ TRIA Terrorism Included 18$ Included 18$ 14$ 20$ 1,971$ 2,037$ 3,000,000$ 5,188$ 3,000,000$ 7,188$ 3,000,000$ 3,000,000$ Declined by City -$ 175$ 150$ 175$ 5,338$ 7,538$ 1,000,000$ 1,331$ 1,000,000$ 1,500$ 2,000,000$ 2,000,000$ Included Included 250$ 250$ 1,581$ 1,750$ 1,853,491$ 2,168,538$ Other Policies (not 10/1 effective dates) NFIP Flood (8/21, 9/26, 10/3, 10/4, 11/13)44,371$ 55,464$ Work Boat - Hull Coverage (Century Surety)3,593$ 3,952$ 998$ 1,098$ 1,297$ 1,427$ 704$ 774$ 641$ 705$ 2,500$ 2,750$ 1,907,594$ Totals with Current Property Values 2,234,707$ 25,000$ COI Compliance Team - Annual Fee 25,000$ 1,932,594$ Total with COI Compliance Team Fee 2,259,707$ Dock Property: Mitsui Sumitomo Ins. Co of America Including Wave Wash and Boat Collision Dock Property with 7% Trend and 6 mo BI - increased valuation Marina Docks $27,500/$275,000 $27,500/$275,000 Business Income Sub-Total (No TRIA , including BI) Sub-Total (No TRIA , including BI) Storage Tank: Commerce & Industry 5,000$ 5,000$ FIGA FIGA Policy Fee Policy Fee FP&L General Liability (pump station): Evanston Insurance Company Each Occurrence 1,000$ 1,000$ FIGA FIGA Sub-Total Sub-Total Sub-Total Sub-Total General Aggregate TRIA Terrorism BSO General Liability Kinsale Insurance Company Inspection Fee Inspection Fee Policy Fee Policy Fee TRIA Policy Fees Policy Fees Each Occurrence 1,000$ 1,000$ General Aggregate Sub-Total Sub-Total TOTAL PREMIUMS EFFECTIVE 10/1 TOTAL ALL PREMIUMS Total 10/1 Premiums with Property Appraisal Sports Insurance - Tball Effective 5/2/2024 - 5/2/2025 Estimated 25-26 renewal - 10% increase Wave Runners - Hull Coverage (Markel)Effective 5/29/24 - 5/29/2025 Estimated 25-26 renewal - 10% increase Sports Insurance - Youth Football/Cheer Effective 7/9/2024 - 7/9/2025 Estimated 25-26 renewal - 10% increase Sports Insurance - Basketball Effective 2/12/2024 - 2/12/2025 Estimated 25-26 renewal - 10% increase Current Premiums @ 6/10/24 Estimated 24-25 renewals - 25% increase Effective 3/18/2024 - 3/18/2025 Estimated 25-26 renewal - 10% increase Sports Insurance - Adult Kickball Effective 7/2/2024 - 7/2/2025 Estimated 25-26 renewal - 10% increase This proposal is intended to give a brief overview. Higher limits may be available. Please refer to coverage forms for complete details regarding definition of terms, exclusions and limitations.Page 2 of 2 8/29/2024 Page 96 of 303 Brown & Brown Public Sector Brown & Brown Public Sector is a dedicated Florida public entity division, with a team that operates as a highly specialized unit of insurance advisors 100% trained to deliver industry-leading brokerage services to public entities in the State of Florida. Our Daytona Beach corporate headquarters is centrally located to serve our Florida clients. The Public Sector division offers the distinct combination of a “boutique” public entity brokerage offering concierge-level service with direct access to C-Suite leadership of a large national broker. Our team’s focus and Brown & Brown’s international reputation and size allows us to negotiate better terms and conditions to create unique service plans based on our client’s goals and objectives. Since 1992, we have continuously refined that specialization and enhanced our services enroute to becoming the largest public entity brokerage in Florida. Our team provides Property & Casualty and Employee Benefits advisement and insurance services to over 200 Florida governments, including more than 100 Cities, Counties and School Boards. Clients similar to the City include: Our strong reputation was built by empowering our governmental clients to outperform their industry peers, lower total cost of risk, and enhance risk management programs - all within annual budgetary constraints. These capabilities are only enhanced by our team’s commitment to serve those who serve the public. City of Auburndale City of Belleview City of Bunnell City of Chipley City of Davenport Town of Davie City of Deltona City of Destin City of Eagle Lake City of Edgewater City of Fort Walton Beach Gilchrist County BOCC City of Haines City Town of Highland Beach City of Haines City Town of Indian Shores Town of Jupiter City of Lake Worth Beach Madison County BOCC City of Madeira Beach City of Marathon City of Mary Esther City of Mascotte Town of Mayo City of Mulberry City of Ocala City of Pahokee Town of Pierson City of Polk City City of Punta Gorda City of Springfield City of St. Cloud City of Sweetwater City of Tallahassee CRA Wakulla County City of Westlake PUBLIC ENTITY MARKET LEADERS • Largest Public Entity broker in FL • 25 Counties • 70+ Cities • 100+ Special Districts EXPERIENCE • 80+ Years in Business • 30+ Years Government Expertise • $250 Million Public Entity Premiums Placed SERVICE & EXPERTISE • Exclusively Public Sector • Risk Management Program Design • 24 Hour Response Time Page 97 of 303 Brown & Brown Public Sector - Professional Service Team The Brown & Brown Public Sector team is a highly specialized unit of insurance advisors trained to deliver industry-leading services to public entities in the State of Florida. Since 1992, we have continuously refined that specialization and enhanced our services, while becoming the largest public entity brokerage in Florida. Our team provides Property & Casualty and Employee Benefits services to governments from Key West to the Panhandle and represents more than 200 clients. •Dedicated service team working exclusively for Florida local governments in all capacities surrounding risk and human resources. •Access to highly experienced public entity resources including Claims Team, Panel Counsel, Loss Control, Disaster Planning and Recovery, and Risk Management Specialists. •Brown & Brown public sector currently represents 70 Florida Cities, and over 200 of Florida’s governmental entities, including School Districts and Universities, Counties, Taxing Districts, and the State of Florida. The City’s Professional Service Team includes many seasoned professionals aligned to provide not only insurance placement and services but also the City’s “backoffice” risk management support team. Individuals directly involved with the City include: Michelle Martin, CIC - Senior Vice President Ms. Martin is responsible to direct and implement all deliverables for this project. Michelle’s professionalism and expertise in the industry has been exemplified by her commitment to and representation of Florida governmental entities. Throughout the contract year, Michelle will oversee insurance submissions, marketing, negotiation, presentation of insurance program design, and hands-on risk management policy consulting. •30+ years’ experience includes Marketing Manager for corporate office, negotiation, and placement of alternative risk transfer mechanisms for US and European commercial and governmental business •Since 2005 (18 years), sole focus on public entity program management •Insurance and self-insurance program and policy design •General Risk Management consulting and daily Q&A with clients •Local government financing and budgeting •Application of Public entity law (Florida Statues, procurement, court rulings, etc.) •Claims advocacy, including extensive hurricane planning and recovery experience •Informational and educational presentations to both public entities and industry organizations Page 98 of 303 Brown & Brown Public Sector - Professional Service Team (Cont’d) Bill Wilson, MBA – Public Risk Advisor As the Account Executive and Back Up Team Leader, Bill will serve as back up to the Team Leader and Project Manager for the execution of the City’s risk management and insurance placement services. He will act as the primary contact on occasions when Ms. Martin is unavailable. Bill’s 20 years of government experience throughout Florida, and in Miami-Dade and Broward Counties, provides the City a unique consultation perspective. •Resident/office in Broward County •Active in South Florida RIMS (Risk Management Society) •Active in South Florida PRIMA (Public Risk Managers Association) •Insurance program and policy design •General Risk Management consulting and daily Q&A with clients •Local government financing and budgeting •Application of Public entity law (Florida Statues, procurement, court rulings, etc.) Melody Blake, ACSR - Senior Public Risk Specialist Our Public Risk Specialists are supported by a team environment. Ms. Blake provides daily support to our service team with her over 30 years’ industry experience. She is well versed in responding to service requests, issuing certificates of insurance, maintaining property, vehicle, and equipment schedules, claims handling as well as general requests for service. Key functions include but are not limited to: •Quote/Binder/Policy review for accuracy •Proposal/Binder/Policy delivery •Invoicing, certificates, and general inquiries •Audits and premium adjustments •Property, auto and inland marine schedule maintenance •Provide up-to-date schedules of insurance coverage •Creation and assembly of reports, claims data and loss history summaries Jessica Conway - Public Risk Specialist Our Senior account managers are supported by a team environment. After graduating from Stetson University with a Bachelor’s in Science, Jessica joined our team in 2023 and quickly procured her licensure and other insurance-focused studies. Jessica provides support to Ms. Blake’s team and is specifically assigned the City of Dania Beach. She is point on the COI Review Team responsible for the Contract and Certificate Review portion of our services. She provides immediate response to vendor Certificate questions and has participated in training classes to City staff for contractual insurance compliance, recommendations for minimum coverage, and consideration of exceptions. She is also a direct contact for City staff with any contract questions. Page 99 of 303 Value-Added Services & Resources Page 100 of 303 Page 101 of 303 Page 102 of 303 Page 103 of 303 Page 104 of 303 Page 105 of 303 Page 106 of 303 Page 107 of 303 City of Dania Beach Human Resources Memorandum DATE: 9/24/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Linda Gonzalez, SPHR, SHRM-SCP, IPMA-SCP, HR/Risk Director SUBJECT: 2025 Medicare Supplemental Insurance Coverage Renewal Request: This is a request to approve the renewal proposed for Medicare Advantage Insurance through United Healthcare for retirees, dependents and surviving spouses age of 65 and over for plan year 2025, as recommended by the Gehring Group, the City’s insurance broker. Background: The City of Dania Beach offers two health insurance plans for active employees and retirees: 1. United Healthcare (UHC) for active employees, retirees, and their dependents under the age of 65 and not otherwise eligible for Medicare; 2. United Healthcare (UHC) Medicare Advantage PPO as supplemental Medicare insurance coverage for 86 Medicare eligible retirees and their Medicare eligible dependents through UHC. While the UHC plan has already been renewed for plan year 2024/2025, as it runs on a fiscal year, the UHC Medicare Advantage PPO plan is due for renewal on January 1, 2025. The Medicare plan runs on a calendar year concurrently with Medicare. Only Medicare eligible individuals are allowed to enroll in Medicare Plans. If a spouse and/or dependent is under age 65, he/she will continue to be covered through his/her employer- sponsored coverage or the City’s group health plan with the Florida League of Cities (FMIT). Major Governmental Changes to Medicare for 2025 plans For 2025, there has been major governmental changes due to the Inflation Reduction Act (IRA) that will impact all Medicare Advantage plans that are summarized below. Effective January 1, 2025, key aspects of the IRA include: • Prescription out-of-pocket maximum: The RX out of pocket maximum will be lowered from $8,000 to $2,000 per member. This caps members prescription annual costs to $2,000 Page 108 of 303 • Decrease in federal reinsurance subsidy: Currently in 2024, plans are only required to cover 20% of the total costs once the out-of-pocket maximum is met while the federal government covers the remaining 80%. In 2025, plans will be required to cover 60% of the cost once the out-of-pocket maximum is met, tripling the plan liability as compared to 2024 • In addition to the IRA changes, the Centers for Medicare Services (CMS), has recently issued their Final Notice which stated that there will be reduced funding for 2025 towards these plans. In prior years, CMS has increased the Medicare Advantage funding at a growth rate of roughly 5% per year to keep up with medical inflation. In 2025, this growth rate was reduced to 2.33% causing plans to make up the difference in expected medical inflation. As a result of the IRA changes and the CMS reduced funding, UHC released its Medicare Advantage PPO renewal offer at 50.1% over the current premium, or approximately $145,202 more in annual premium. The total annual billed premium value is $435,287 based on current enrollment of 86 Medicare eligible retirees and their dependents. The Medicare Supplement and Advantage market as a whole are subject to these changes which has resulted in large increases for 2025, regardless of the carrier. The Gehring Group went back to UHC to obtain alternative plan designs that were both comparable in design, and also addressed the increased costs. United Health Care renewal A plan alternative was developed to bring the overall increase of 50.1% down to 12.9%. This decreased the retiree monthly cost from $140.60 to $105.76 per month. This translates to $12.07 more a month for the retiree based on the current 2024 rates. This plan introduces a $500 deductible that applies to all medical services and includes co-pays. However, the out-of-pocket maximum for prescriptions is greatly lowered from $8,000 to $2,000, per the new Medicare laws, (which is not optional for the City). This new plan design provides for the same cost sharing, as the current plan design is considered to be the richest plan offered. The City subsidizes 2/3 of the cost of the Medicare Advantage premiums, which remains unchanged. Accepting the renewal proposal from United Healthcare represents an annual increase of $24,905.60 to the City. The remaining 1/3 of the plan cost is paid by the retirees, resulting in a $12,453 increase, or (approximately $12.07/month per Medicare Advantage enrollee). Below is a Medicare Advantage rate breakout of the Retiree and City contributions since 2020. Although the 2025 rates have as slight increase, they remain lower compared to when the City had Aetna in 2020 and 2021. History of Medicare Rates Retirees - Monthly Aetna Aetna UHC UHC UHC UHC Enrollment Tier 2020 2021 2022 2023 2024 2025 Retiree Only $137.14 $133.30 $88.41 $90.09 $93.70 $105.76 Page 109 of 303 City Contribution -Retirees - Monthly Aetna Aetna UHC UHC UHC UHC Enrollment Tier 2020 2021 2022 2023 2024 2025 Retiree Only $274.29 $266.60 $176.83 $180.19 $187.39 $211.53 Budgetary Impact Budgetary Impact and Overall decrease for 2025 with all Insurance Plans The total cost to the City for the proposed United Healthcare Medicare Advantage PPO plan is $218,296 (2/3 of total $327,443 cost), and represents an overall increase of approximately $24,905.60 (2/3 of total $37,358.40 increase). Earlier in the year, Gehring Group was able to negotiate a premium reduction on the active and retiree under 65 Medical plan, which resulted in a savings of $161,943 to the City. This savings offsets the impact of the Medicare Advantage increase while still maintaining an overall Medical Benefits package savings to the City of $137,037.40 for all medical insurance (employees, retirees under 65 and retirees 65 and older). Funding for the renewal is appropriated in the 2024/2025 budget and shall be charged to the City Health Insurance Fund, Professional Services Account (#501-18-00-519-45-41). Recommendation Approve the proposal of the United Healthcare Medicare Advantage PPO Alternative plan for supplemental Medicare insurance coverage for Medicare eligible retirees and their Medicare eligible dependents for plan year 2025. Page 110 of 303 RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AND ACCEPT AN AGREEMENT WITH UNITED HEALTHCARE FOR THE CITY’S MEDICARE SUPPLEMENTAL INSURANCE COVERAGE, PROCURED BY THE GEHRING GROUP AS BROKER OF RECORD, FOR INSURANCE COVERAGE BEGINNING JANUARY 1, 202 5 THROUGH DECEMBER 31, 2025 FOR MEDICARE ELIGIBLE RETIRED EMPLOYEES AND THEIR ELIGIBLE DEPENDENTS THAT EXCEEDS AN ANNUAL VENDOR TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach obtained the services of the Gehring Group as a Broker of Record to secure coverage for the City’s Medicare Supplemental Insurance plan for Medicare eligible retired employees and their Medicare eligible dependents for the 202 5 plan year; and WHEREAS, the Gehring Group secured Medicare Advantage PPO coverage for the City through United Healthcare for the plan year 2025; and WHEREAS, the coverage from United Healthcare offers rates for Medicare Supplemental Insurance coverage for all Medicare eligible retirees, regardless of residence, including prescription rates; and WHEREAS, based on current Medicare eligible retiree census data, the City’s Medicare Advantage PPO plan premium cost will be increased by an estimated 12.9 percent (12.9%), resulting in an estimated Twenty-Four Thousand Nine-Hundred Six Dollars ($24,906.00) increase to the City and an estimated Twelve Thousand Four-Hundred Fifty-Three Dollars ($12,453.00) increase in total cost to eligible retirees; and WHEREAS, the City Administration recommends that the City Commission approve the United Healthcare Medicare Advantage PPO Medicare Supplemental Insurance plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed as being true and correct, and they are made a part of and incorporated into this Resolution by this reference. Page 111 of 303 RESOLUTION #2024-______ 2 Section 2. That the proper City officials are authorized to execute appropriate documents to accept the renewal proposal of the United Healthcare Medicare Advantage PPO plan on behalf of the City of Dania Beach to provide Medicare Supplemental Medical and Prescription Insurance coverage to Medicare eligible retirees at the following not to exceed monthly rates: Monthly Premium 2024 Plan 2025 Renewal Difference City Cost $187.39 $211.53 $24.14 Retiree Cost $93.70 $105.76 $12.06 Total Cost $281.09 $317.29 $36.20 Section 3. That funding for the cost of the City’s health claims program administration for Medicare Supplemental Insurance coverage is planned and shall be charged to the City Health Insurance Fund, Professional Services Account, Account No. 001-18-00-519-45- 41. 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 all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on , 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 ____ ____ Page 112 of 303 RESOLUTION #2024-______ 3 ATTEST: ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY Page 113 of 303 City of Dania Beach Medicare Advantage for Retired Employees 65 and Over Effective Date: January 1, 2025 CURRENT RENEWAL Recommended Alternative Plan U nitedHealthcare UnitedHealthcare UnitedHealthcare Calendar Year Deductible In-Network In-Network In-Network Single N/A N/A $500 Family N/A N/A $500 Out of Pocket Maximum Single N/A N/A $1,000 Family N/A N/A N/A Coinsurance 0%0%0% Office Visits Primary Care Visit $0 Copayment $0 Copayment $20 after CYD Specialist Visit $0 Copayment $0 Copayment $40 after CYD Therapy - PT/ST/OT $0 Copayment $0 Copayment $40 after CYD Hospital Inpatient $0 Copayment $0 Copayment $0 after CYD Outpatient $0 Copayment $0 Copayment $100 after CYD Emergency Room Visit $0 Copayment $0 Copayment $0 Copayment Physician Services in Hospital $0 Copayment $0 Copayment $0 after CYD Skilled Nursing Facility $0 Copayment (Days 1-100)$0 Copayment (Days 1-100)$0 after CYD (Days 1-100) Prescription Drugs - Initial Coverage Limit & Coverage Gap Initial Coverage Limit = $5,030 Catastrophic >=$8,000 $2,000 Rx OOP Max Rx Deductible: $500 $2,000 Rx OOP Max Tier 1: Preferred Generic $5 $5 $5 Tier 2: Preferred Brand $30 $30 $30 Tier 3: Non-Preferred Drug $60 $60 $60 Tier 4: Specialty $60 $60 $60 Mail Order (90-Day Supply)$10/$60/$120/$120 $10/$60/$120/$120 $10/$60/$120/$120 Medical and Prescription Rate All Retiree Rates 100% Composite*All Retiree Rates 100% Composite*All Retiree Rates 100% Composite* Monthly Premium Per Enrollee 86 $281.09 $421.79 $317.29 Health Insurer Fee (PPACA)*86 N/A N/A N/A Monthly Premium $24,174 $36,274 $27,287 Annual Premium $290,085 $435,287 $327,443 $ Increase N/A $145,202 $37,358 % Increase N/A 50.1%12.9% Premium Cost Sharing Annual City Cost Share - Total $193,390 $290,192 $218,296 Annual Retiree Cost Share - Total $96,695 $145,096 $109,148 Monthly Retiree Cost Share - Per Retiree $93.70 $140.60 $105.76 *Health Insurer Fee (PPACA) repealed for 2021 plan years and beyond. 1Page 114 of 303 City of Dania Beach Medicare Advantage for Retired Employees 65 and Over Effective Date: January 1, 2025 Deductible Does Not Apply to the Following: This means that UHC will pay their share of the costs for these services even if the member hasn’t paid their deductible yet. Bloodwork Diabetes monitoring supplies Emergency care (includes worldwide coverage) Hospice care (Medicare-covered) Opioid treatment services Part B drugs - chemotherapy (when purchased at a pharmacy) Part B drugs - immunosuppressives, anti-nausea, inhalation solutions, hemophilia clotting factors, antigens (when purchased at a pharmacy) Preventive abdominal aortic aneurysm screening (Medicare-covered) Preventive annual routine physical exam Annual wellness visit and one-time “Welcome to Medicare” preventive visit (Medicare covered) Preventive bone mass measurement (Medicare-covered) Preventive breast cancer screening (mammograms) (Medicare-covered) Preventive cardiovascular disease risk reduction visit (therapy for cardiovascular disease) (Medicare covered) Preventive cardiovascular disease testing (Medicare-covered) Preventive colorectal cancer screenings (Medicare-covered) Preventive depression screening (Medicare-covered) Preventive diabetes screening (Medicare-covered) Preventive diabetes – self management training (Medicare-covered) Preventive dialysis training (Medicare-covered) Preventive glaucoma screening (Medicare-covered) Preventive hepatitis C screening (Medicare-covered) Preventive HIV screening (Medicare-covered) Preventive immunizations (flu, pneumococcal, hepatitis B vaccines) - (Medicare-covered) Preventive kidney disease education (Medicare-covered) Preventive lung cancer screening (Medicare-covered) Preventive medical nutrition therapy (Medicare-covered) Preventive obesity screening and therapy to promote sustained weight loss (Medicare-covered) Preventive pap tests and pelvic exams (Medicare-covered) Preventive prostate cancer screening exams (Medicare-covered) Screening and counseling to reduce alcohol misuse (Medicare-covered) Screening for sexually transmitted infections (STIs) and counseling to prevent STIs (Medicare-covered) Smoking and tobacco use cessation (counseling to stop smoking or tobacco use) (Medicare covered) Routine hearing services and hearing aids (non-Medicare-covered) Routine vision services - routine eye exam (non-Medicare-covered) Telehealth Urgently needed services (in-network) Urgently needed services (out-of-network) Urgently needed services (includes worldwide) Virtual cognitive behavioral health therapy Virtual doctor visits Vision Services - eyewear allowance for frames and lenses or contacts (Medicare-covered after cataract surgery) 2Page 115 of 303 City of Dania Beach City Attorney Memorandum DATE: 9/24/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Eve A. Boutsis, City Attorney SUBJECT: Hollywood Large User Wastewater Agreement - Tolling Request: Approve the resolution authorizing the execution of a tolling agreement with the City of Hollywood regarding the City of Dania Beach’s collection efforts against overcharges under the Hollywood Large User Wastewater Agreement. Background: 1. City of Hollywood overcharges under the Large User Wastewater Agreement. In 1990, the City of Dania Beach entered into a Large User Agreement along with several area cities, and Broward County for the City of Hollywood to provide sewer services. Hollywood built and owns the Wastewater Plant (known as the Southeast Regional Water and Sewer Plant) with funds from the federal government, and a condition of those funds was providing services for others. Also, Hollywood, pursuant to the terms of the federal grant and the Large User Agreement, was supposed to charge each of the Large Users its actual share of costs without any markup or profit. Each year, Hollywood charges Dania Beach and the other Large Users for these sewer services, and then adjusts the costs after the fiscal year to reflect actual costs. Over ten years ago the City of Pembroke Pines identified overcharges and attempted to work with Hollywood to recover these charges, but Hollywood did not cooperate. When negotiations failed the parties litigated the dispute. In 2023, the City of Pembroke Pines obtained a judgment that Hollywood was overcharging Pembroke Pines for certain categories of charges. The Court ordered that the Large User Agreement did not allow Hollywood to add what it called surcharges to the debt payments (payments toward the bonds), and that the formula used to allocate shares of costs was almost double what it should be under the Large User Agreement for an allocation of actual costs. That decision is currently on appeal and may take up to two years to obtain a final decision. As the City of Dania Beach’s Agreement is the same as Pembroke Pines’ Large User Agreement, Page 116 of 303 the City of Dania Beach hired the same finance expert as utilized by Pembroke Pines to analyze the City of Dania Beach’s payments to Hollywood. Additionally, the Large User Agreement adds a “Replacement and Renewal Charge” of 10% on top of the total charges made to a Large User. The Court also added 10% to its calculations of overcharges, thus increasing the amounts due to Pembroke Pines as a Large User. The Expert has completed his calculations and confirms that the total overcharges of approximately $200,000 per year, including the debt-service charges of over $100,000 per year. In sum, Hollywood is charging more than the actual cost of sewer services, and Dania Beach has now requested Hollywood to stop doing so but they have refused. Based upon the foregoing, the City of Dania Beach seeks repayment of overcharges by Hollywood in the following categories under the Large User Agreement: 1) Debt Service Charges (the 10% and 15% surcharges); 2) the Allocation Percentage; 3) Operation and Maintenance Costs 4) Payment in Lieu of Taxes and 5) application of the Renewal, Replacement, and Improvement Accounts Contributions; and 6) also seeks to negate Hollywood's intent to unilaterally modify the analysis and charge a higher rate for the Allocation Percentage in the future. II. Timing issues The City of Dania Beach Large User Waste Water Agreement with Hollywood is substantially the same as the Pembroke Pines agreement with Hollywood. Were the City to sue, it would only be able to look back for reimbursement as to the past five years of overpayments due to the five year statute of limitations imposed under Florida law. As Pembroke Pines sued some 6 years ago, they can collect for the those past years and have the annual costs reduced each year going forward. . If a stay were agreed to by the parties, the City of Dania Beach could seek the past 5 years’ overpayments,and all future overpayments/surcharges. Otherwise, until a lawsuit is filed the five-year limitation period is not yet recognized, meaning, more payments are unrecoverable. As you are aware, approximately two months ago, in an effort to work with the City of Hollywood, Ms. Ana Garcia issued a letter requesting that the City of Hollywood acknowledge the City’s request to stay the statute of limitations, and to allow the appeal process for the Pembroke Pines case to be resolved. And, in theory, to allow the parties to rely on the appellate decision in that case. If Pembroke Pines were to prevail, then Hollywood would have to ultimately abide by that decision and reimburse the City of Dania Beach accordingly. If the appellate court reversed its decision, then the City of Dania Beach would abide by that decision and would not receive any reimbursement. This stay, or tolling of the statute of limitations, would have allowed the parties to rely on the Appellate decision, and not have the parties actively litigating the overcharges. We asked the City of Hollywood's city manager to agree with us that we could wait until the appeal is over before suing them (which would hopefully then be unnecessary) and freeze the statute of limitations so that no money would be lost. The City Manager and the City Attorney of Hollywood would not agree to toll the statute of limitations and placed the City of Dania Beach’s request on the June 5th, 2024 City Commission agenda. Mr. Gonzales, the City Attorney for Hollywood withdrew the item from consideration during the City Commission meeting, and did not afford the City of Dania Beach an opportunity to speak on our request. Please note, that in addition to the above charges, Hollywood is now trying to change its 18.5% allocation charge to 22%. The court, however, reduced that allocation to 9.8%, and held that they Page 117 of 303 could not increase the percentage without an amendment. In addition to the improper debt surcharge on actual debt charges, the City of Hollywood’s calculations of wastewater flow are being calculated erroneously to the detriment of City of Dania Beach’s residents and is charging for taxes in excess of those allowed by law and the LUA. The City of Dania Beach has put the City of Hollywood on notice of a dispute under the Large User Agreement as to this additional charge. The Notice is to inform the City of Hollywood that Hollywood is charging costs in excess of actual costs under the LUA for the following categories: 1. Debt Service overcharges by increasing the debt service payments due to lenders beyond actual charges; 2. Renewal, Replacement, and Improvement Account Overcharges; 3. Operation and Maintenance Costs Overcharges; and 4. Reduction of allocation expenses from 18.5 to 9.8%. All of these charges may actually increase the overcharge beyond the $200,000.00, per year, estimate prepared by the City’s expert. Based upon the foregoing, the City of Dania Beach seeks repayment of overcharges by Hollywood in the following categories under the Large User Agreement: 1) Debt Service Charges (the 10% and 15% surcharges); 2) the Allocation Percentage; 3) Operation and Maintenance Costs 4) Payment in Lieu of Taxes and 5) application of the Renewal, Replacement, and Improvement Accounts Contributions; and 6) also seeks to negate Hollywood's intent to unilaterally modify the analysis and charge a higher rate for the Allocation Percentage in the future. III. Tolling Agreement. In order to challenge the improper charges, the City needs to comply with the procedural requirements of Florida Statutes, Chapter 164, which requires putting the City of Hollywood on notice of the dispute, and to initiate the conflict resolution proceedings. Chapter 164, Florida Statutes, entitled the "Florida Governmental Conflict Resolution Act," ("Act") provides that governmental entities in dispute must attempt to negotiate their differences in these types of matters pursuant to the procedures outlined in the Act prior to initiating court proceedings regarding the conflict. Section 164.1052, F.S., requires the governing body of the government entity initiating the conflict resolution procedures to adopt a resolution expressing its intent to initiate such procedure. On July 16, 2024, the City of Dania Beach served its statutory letter to initiate conflict resolution. As part of the Ch. 164 process, the City of Dania Beach has offered to delay and potentially avoid filing its complaint against the City of Hollywood to toll the statute of limitations for any claims arising under the LUA until after the litigation between Hollywood and the City of Pembroke Pines is resolved on appeal if Dania Beach entered into a tolling agreement. The parties agreed to an administrative conflict resolution meeting, which was published and advertised in a paper of general circulation at least 10 days prior to the meeting, which meeting was held on August 20, 2024, at which the City Managers, City Attorneys, outside counsel, and facility personnel were in attendance and came to an agreement to draft a tolling agreement, tolling of the statute of limitations pursuant to Florida Statutes 95.11(2)(b), to toll the City of Dania Beach’s statute of limitations pending an outcome to the appeal of the matter: City of Hollywood v. Pembroke Pines, under Appellate case numbers.: 4D2023-2252 and 4D2024-0715 Page 118 of 303 (Fla. 4th DCA). This means that the City can go back to July 16, 2019, and seek damages based on the 5-year statute of limitations , and going forward. This preserves the City’s rights and minimizes the expenditure of counsel fees. IV. Conditions of the agreement: Under the tolling agreement, the cities of Hollywood and Dania Beach would agree as follows: 1. That the five-year statute of limitations [Fla. Stat 95.11(2)(b)] on the City of Dania Beach’s contract claim shall be tolled pending the final order or disposition of the 4th DCA litigation in the matters known as: City of Hollywood v. Pembroke Pines, under Appellate case numbers.: m 4D2023-2252 and 4D2024-0715 (Fla. 4th DCA), plus 30 days. 2. Nothing herein is intended to foreclose further agreement, following the decisions in the above-referenced appeals, should the Dania Beach and Hollywood believe it is in their mutual interest to do so. There are also water services for certain of the Large Users, and other services unique to each Large User, thus complicating the annual charges computations. There will actually be damages calculated for the past 6 years, under a 5 year statute of limitations, as the 2018 reconciliation of charges was not delivered until 2019. Budgetary Impact N/A Recommendation Approve the resolution to authorize the appropriate officers of the City to execute the tolling agreement. Page 119 of 303 RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, TO TOLL ALL LIMITATIONS PERIODS ASSOCIATED WITH DANIA BEACH’S ABILITY TO SUE THE CITY OF HOLLYWOOD FOR THE ISSUES PERTAINING TO THE LARGE USER AGREEMENTS AS LITIGATED IN THE BROWARD COUNTY CIRCUIT COURT CASE STYLED CITY OF PEMBROKE PINES v. CITY OF HOLLYWOOD; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A TOLLING AGREEMENT TO PRESERVE THE CITY’S STATUTE OF LIMITATIONS CLAIM DURING THE PENDING APPEALS BY THE CITY OF PEMBROKE PINES AND THE CITY OF HOLLYWOOD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Hollywood, Florida provides wastewater services to several “large users,” including the cities of Dania Beach, Pembroke Pines (“Pines”), Hallandale Beach, and Miramar, as well as Broward County, pursuant to agreements that were negotiated and have been in place since 1990, called the “large user wastewater agreements”; and WHEREAS, Pines later sued Hollywood (the City of Pembroke Pines v. the City of Hollywood) in three different actions, consolidated in Broward Circuit Court Case Number CACE 18-015330, asserting among other things that Hollywood improperly calculated sewer rates due by Pines under the LUA; and WHEREAS, trial of all issues was concluded in December 2022, resulting in the Court’s issuance of Findings of Fact and Conclusions of Law (“Final Order”) on August 17, 2023, finding that Hollywood had breached the LUA by overcharging Pembroke Pines(“Pines Litigation”); and WHEREAS, both Hollywood and Pines appealed the Final Order against them, and that appeal remains pending; and WHEREAS, Dania Beach did not join with Pines as a party to the Pines Litigation, although the LUA terms in dispute in the Pines Litigation and on appeal are identical to those in the Dania Beach LUA; and WHEREAS, on July 26, 2024, demand was made by Dania Beach’s City Manager that the parties commence Chapter 164 dispute resolution proceedings as to the same issues that were raised in the Pines litigation; and WHEREAS, on August 20, 2024, the City Managers, City Attorneys and outside counsel, as well as relevant staff met at the Dania Beach City Hall to commence discussions as to Dania Beach’s claims; and Page 120 of 303 2 RESOLUTION #2024-______ WHEREAS, early in those discussions, it was determined that, in an effort to reduce ongoing attorney’s fees and costs that will be incurred in the Chapter 164 process and any resultant lawsuit, it would be preferable to both parties that an agreement be made to toll the time period for Dania Beach to bring an action against Hollywood and to toll the time period for continuation of the deadlines associated with the Chapter 164 process and resultant suit until after the current appeals of the Final Order have been finalized; and WHEREAS, Dania Beach has requested that Hollywood agree to toll the statute of limitations for Dania Beach to bring action against Hollywood based upon the same facts as litigated in the Pines Litigation; and WHEREAS, the pertinent date under which Dania Beach may seek damages has now been established as July 26, 2019, and regardless of whether tolling occurs or not, that is the date that will apply to the matters going forward; and WHEREAS, should Hollywood not agree to toll the limitations period as requested by Dania Beach, then Dania Beach will be required to sue Hollywood and assert its claims based upon the facts and circumstances of the negotiated large user wastewater agreements as applied to Dania Beach, which may unnecessarily cause both cities to expend litigation fees and costs that may be obviated, in whole or in part, by a final decision on the appeals; and WHEREAS, on September 18, 2024, the Mayor and City Commission of the City of Hollywood agreed to the City’s request to tolling the City of Dania Beach’s claim back to July 26, 2019; and WHEREAS, the City Attorney requests that the City of Dania Beach authorize the appropriate officers of the City to execute the tolling agreement, which would allow the parties to wait for the final decision of the appellate court in the Pines litigation, and then allow the City to proceed with any possible claims while recognizing the City’s tolled rights. 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 of the City of Dania Beach authorizes the proper City officials to execute the tolling agreement between the City of Dania Beach and the City of Hollywood, which would toll the City’s limitations period (preserve the City’s rights) back to July Page 121 of 303 3 RESOLUTION #2024-______ 26, 2019, and all claims thereafter, as it relates to the substance of the Pines Litigation ((the City of Pembroke Pines v. the City of Hollywood, Broward Consolidated Circuit Court Case Number CACE 18-015330). Section 3.That the City Clerk of the City of Dania Beach is directed to send copies of this Resolution to the City of Hollywood. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5.That this Resolution shall be effective immediately 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 Page 122 of 303 City of Dania Beach Public Services Memorandum DATE: 9/24/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Fernando J. Rodriguez, Public Services Director Dincer A. Ozaydin, P.E., Deputy Director/City Engineer SUBJECT: AUTHORIZATION TO ENTER INTO A HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT (HMMOA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO MAINTAIN IMPROVEMENTS ON SW 12 AVENUE FROM STIRLING ROAD TO SHERIDAN STREET Request: The Public Services Department (PSD) requests the adoption of a resolution authorizing the execution of a HMMOA with FDOT for providing maintenance to city right-of-way, SW 12 Avenue from Stirling Road to Sheridan Street for improvements made by FDOT. Background: On February 9, 2021, the City affirmed support of the N.22nd Avenue/SW 12th Avenue FDOT Project to design and construct street improvements in partnership with the City of Hollywood as a Local Agency Program Project via Resolution 2021-019. In 2022, the Broward Metropolitan Planning Organization (MPO) prioritized the project in the “2022 Complete Street/Localized Initiatives Program” (CSLIP), resulting in FDOT assuming design, construction, and fiscal responsibility for the project. Both Dania Beach and Hollywood are participating in the design of the project, which includes the following: Two-lane, two-way undivided roadway with 11-foot-wide lanes that include sharrows, five-foot sidewalks and drainage swales in some sections New, upgraded signage and pavement markings New roadway lighting on both sides of the roadway Speed tables at various locations ADA curb ramp and sidewalk upgrades Page 123 of 303 Approval of the resolution is required for further participation and will be incorporated into the HMMOA. Budgetary Impact The budgetary impact is negligible since the City currently maintains the right-of-way and the stormwater facilities on SW 12th Avenue. Recommendation The PSD recommends the City Commission to adopt a Resolution authorizing the execution of the HMMOA with FDOT for the improvements made on SW 12th Avenue. Page 124 of 303 RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT (“HMMOA”) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (“FDOT”) FOR THE IMPROVEMENTS MADE AS PART OF THE N. 22nd AVENUE/SW 12TH AVENUE PROJECT FROM STIRLING ROAD TO SHERIDAN STREET; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On February 9, 2021, the City, through Resolution 2021-019, affirmed support the N. 22nd Avenue/SW12 Avenue Project (Project) to design and construct street improvements in partnership with the City of Hollywood as a FDOT Local Agency Program (LAP) Project; and WHEREAS, the Broward Metropolitan Planning Organization (MPO) prioritized the Project in the 2022 “Complete Street Localized Initiative Program (CSLIP) resulting in FDOT assuming design, construction, and fiscal responsibility for the Project; and WHEREAS, the MPO requires that the City of Dania Beach’s commitment to maintain all improvements with the CSLIP Program be in accordance with Title 23 U.S. Code Section 116 and the Federal Highway Administration regulations; and WHEREAS, the HMMOA between FDOT and the City, requiring City maintenance of all improvements constructed by FDOT including traffic calming, new sidewalks, roadway lighting, and drainage improvements, is attached as Exhibit “A” and is incorporated into this Resolution by this reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1.That the foregoing “Whereas” clauses are ratified and confirmed as being true and correct, and they are made a specific part of and incorporated into this Resolution by this reference. Section 2.That the proper City officials are authorized to enter into Highway Maintenance Memorandum of Agreement between the City of Dania Beach and the Florida Department of Transportation. Page 125 of 303 RESOLUTION #2024-______2 Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict Section 4.That this Resolution shall become effective upon its passage and adoption. Section 5.That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6.That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on __________________, 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 Page 126 of 303 - 1 - SECTION No.: 86900325 FM No.: 445526-1-52-01 AGENCY: CITY OF DANIA BEACH C.R. No.: N/A DISTRICT FOUR HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, entered into this ______day of _____________, 20__, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and CITY OF DANIA BEACH, a political subdivision of the State of Florida, or a municipal corporation existing under the Laws of Florida, hereinafter called the AGENCY collectively referred to as Parties. W I T N E S S E T H: WHEREAS, the AGENCY has jurisdiction over Northbound North 22nd Avenue/SW 12th Avenue, as part of the City roadway system from Sheridan Street to Stirling Road; and WHEREAS, the DEPARTMENT may not spend state funds for off-system projects; and WHEREAS, the Broward County Metropolitan Planning Organization (“MPO”) prioritize and awarded funding to the AGENCY for the design and construction of certain streets pursuant to the “2022 Complete Streets/Localized Initiatives Program” (“CSLIP”); and WHEREAS, the MPO requires the AGENCY’S commitment to maintain all improvements made as part of the CSLIP program and in accordance with Title 23 U.S. Code Section 116 and Federal Highway Administration regulations; and WHEREAS, pursuant to Sections 339.07, 339.08 and 339.12, Florida Statutes and Federal funding provisions the DEPARTMENT is authorized to undertake projects within the AGENCY’S geographical limits and the AGENCY herein agrees to engage the DEPARTMENT to construct the improvements outlined in this Agreement; and WHEREAS, pursuant to such authority, the DEPARTMENT and the AGENCY agree that the DEPARTMENT will construct certain improvements more particularly described as Financial Project ID 445526-1, which involve a bicycle facility, sidewalks, traffic calming, and roadway lighting; hereinafter referred to as “the Project”, as more particularly described in Exhibit A; and WHEREAS, the Parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each Party for the Project; and WHEREAS, the AGENCY by its Resolution passed on the ____________day of ___________, 20__, a copy of which is attached hereto as Exhibit B and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so. NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the Parties covenant and agree as follows: Page 127 of 303 - 2 - 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The DEPARTMENT has undertaken and obtained the approval of Federal participation for the Project. The AGENCY is responsible for any additional costs for the Project that are determined to be Federal Aid Non-Participating. 3. The AGENCY hereby grants the DEPARTMENT and its contractors with all the rights and permissions necessary to enter and construct the Project on AGENCY’S right of way and/or property to which the AGENCY has such authority, no further requirements to construct the Project. 4. No additional right of way is required for the Project. The Project will be completed within the AGENCY’S existing right of way. 5. The AGENCY shall satisfy any and all tree permit obligations imposed by Broward County. 6. Environmental Permitting: If requested by the DEPARTMENT, the AGENCY shall sign as a joint applicant and be responsible for the permits related to the Project. Further the AGENCY shall be solely responsible for ensuring that the Project remains in compliance with all permits after the construction is complete. To the extent and within the limits permitted by law, the AGENCY shall indemnify the DEPARTMENT for any violations by the AGENCY of any permits issued to the DEPARTMENT or jointly to the AGENCY and the DEPARTMENT after construction is complete. The AGENCY shall execute all documentation required by the permitting agencies in a timely manner concerning the Project. The AGENCY shall be the applicant for any and all occupancy permits that are required for the Project, if any. 7. The AGENCY shall continue to maintain the existing roadway and any property owned by the AGENCY until the DEPARTMENT begins construction of the Project. The AGENCY shall continue to be responsible for mowing and litter removal during the duration of the Project. 8. The Department shall give the AGENCY seven (7) days’ notice before final inspection. The AGENCY will have the opportunity to inspect and identify corrections to the PROJECT within seven (7) days’ notice and the DEPARTMENT agrees to undertake those corrections prior to final acceptance so long as the corrections comply with the Final Proposed Construction plans and specification previously approved by both the DEPARTMENT and the AGENCY. 9. Upon “final acceptance” by the DEPARTMENT of the Project, (as ”final acceptance” is described in the Standard Specifications for Roadway and Bridge Construction dated 2024-25, as amended), and Notice thereof to the AGENCY, the AGENCY shall maintain the Project, at its own cost, in accordance with the following Federally and State accepted standards: (a) FDOT Design Manual (FDM), current edition (b) Florida Green Book dated 2018, as amended (c) Governing standards and specifications: FDOT Design Standards dated FY 2024-25, as amended (d) Standard Specifications for Roadway and Bridge Construction dated 2024-25, as amended by contract Page 128 of 303 - 3 - documents, and (e) Manual on Uniform Traffic Control Devices (MUTCD), current edition, or as amended. 10. The AGENCY shall maintain the Project, outlined in Exhibit A, in accordance with the maintenance standards in paragraph 9. 11. Warranties: The DEPARTMENT shall transfer all of the Project warranties to the AGENCY. 12. Utilities: The AGENCY shall cooperate with the DEPARTMENT, to the extent necessary, to accomplish utility relocations for the Project. This shall include, but not be limited to, entering into utility subordination agreements with the affected utility owners, thereby assuming liability for future utility relocations within the AGENCY right of way and proposed right of way. At its own expense, the AGENCY shall comply with any and all request of the DEPARTMENT to provide written notice to utility owner to initiate work necessary to alleviate interference; to remove or relocate non-compliant utilities; and to place liens upon non-compliant utility owners within the AGENCY right of way, as defined in Florida Statues 337.403 and 337.404. The AGENCY shall be liable and reimburse the DEPARTMENT for any cost incurred by the DEPARTMENT for the AGENCY’S failure to timely comply with said request a. AGENCY’S Utilities: The AGENCY shall relocate and adjust its own utilities including connection with utility customers. 13. Signals: The AGENCY shall cooperate with the DEPARTMENT to effect signal and interconnect connections for the Project. 14. Unforeseen issues: If unforeseen issues arise, the AGENCY shall cooperate with the DEPARTMENT to the extent necessary to construct the Project. This shall include but not be limited to the execution of documents; allowing the Department and/or their contractors/consultants to enter upon the real property owned, leased, possessed and/or controlled by the Agency upon which the Project is to be constructed or any property adjacent thereto. 15. E-Verify Requirements (if applicable): The AGENCY:  shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the AGENCY to provide the services required by this Agreement; and  shall expressly require any contractors performing work or providing services pursuant to this Agreement to likewise utilize the U.S. Department of Homeland Security’s E- Verify system to verify the employment eligibility of all new employees hired by the contractor during the contract term. 16. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings as represented in the Final Proposed Construction plans. Page 129 of 303 - 4 - Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. 17. The DEPARTMENT will provide the AGENCY with as-builts as a part of the final acceptance package. 18. This Agreement shall be governed, interpreted and construed according to the laws of the State of Florida. 19. LIST OF EXHIBITS  Exhibit A: Project Scope  Exhibit B: AGENCY’s Resolution [This space intentionally left blank.] Page 130 of 303 - 5 - IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year provided below. AGENCY ATTEST: CITY OF DANIA BEACH, through its BOARD OF CITY COMMISSIONERS ______________________________ By:________________________________________ _______ day of ____________________, 20_______ Approved as to form by Office of City Attorney By:______________________________________ DEPARTMENT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By:________________________________________ Transportation Development Director _______ day of ____________________, 20_______ Approval : _________________________________________ Office of the General Counsel Page 131 of 303 - 6 - SECTION No.: 86900325 FM No.: 445526-1-52-01 AGENCY: CITY OF DANIA BEACH C.R. No.: N/A EXHIBIT A PROJECT SCOPE All of the Project improvements will be constructed by the DEPARTMENT within the AGENCY’S existing right of way. Typical Section: New typical section, two-lane two-way undivided roadway with 11 feet wide lanes with sharrows, 5 feet wide sidewalks. Drainage swales vary in width throughout the project limits. Raised intersections at 3 locations. 5 feet wide sidewalks will be constructed in areas where there is currently no sidewalk. Signing and Pavement Markings: New signing and pavement markings will be installed including bicycle sharrow pavement markings. Drainage: Swales will be regraded, and drainage structures installed when impacted by the new sidewalk and new raised intersections. Lighting: New roadway lighting will be installed on both sides of the roadway. Other: Construct speed tables at various locations. ADA curb ramp and sidewalk upgrades. Page 132 of 303 - 7 - SECTION No.: 86900325 FM No.: 445526-1-52-01 AGENCY: CITY OF DANIA BEACH C.R. No.: N/A EXHIBIT B AGENCY’s Resolution Page 133 of 303 City of Dania Beach Community Development Memorandum DATE: 9/24/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City Manager Eleanor Norena, CFM, Director Corinne Lajoie, AICP, Deputy Director SUBJECT: To authorize the appropriation of revenues and expenditures within the Public Art Fund for Fiscal Year 2024-25. Request: To establish a 2024-25 budget for the Public Art Advisory Board, utilizing the Public Art Fund. Background: On December 10, 2019, the City adopted an ordinance creating the City’s public art program. The Public Art Advisory Board has recommended the following a budget plan for the upcoming fiscal year 2024-25. EXPENDITURES: Professional Services (31-10) Public Art Consultant $ 48,000 Stipend Fees 10,000 Repairs & Maintenance (46-10) Maintenance 20,000 Misc. Supplies (52-20) Plaques, Printed Materials 1,000 Software Licensing (52-31) Public Art Inventory Software 2,500 Works of Art (67-10) Public Art Projects 100,000 Special Projects 25,000 Contingency (99-10) Contingency Funds (10%) 20,650 Total Expenditures $ 227,150 Budgetary Impact The requested Public Art Advisory Board budget of $227,150 will be appropriated from the City’s Public Art Fund. Recommendation The Community Development Department has accepted the budget plan and recommends that the City Commission adopt the Public Art Fund Budget for fiscal year 2024-25. Page 134 of 303 Page 135 of 303 RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OF REVENUES AND EXPENDITURES WITHIN THE PUBLIC ART FUND FOR FISCAL YEAR 2024-25; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 10, 2019, the City adopted its Public Art Program; and WHEREAS, the Public Art Advisory Board (PAAB) has recommended a budget plan for fiscal year 2024-25; and WHEREAS, the City’s Community Development Department has accepted the budget plan and recommends that the City Commission adopt a Public Art Fund Budget for fiscal year 2024-25. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1.That the above “Whereas” clauses are true and correct, and they are made a part of and incorporated into this Resolution by this reference. Section 2.That the City Commission adopts the Public Art Fund Budget for fiscal year 2024-25, a copy of which is attached as Exhibit “A” and is made a part of and incorporated into this Resolution by this reference. Section 3.That the City Manager is authorized to make adjustments within this adopted budget during the fiscal year. Section 4.That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5.That this Resolution shall become effective immediately upon passage. THIS SPACE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 136 of 303 2 RESOLUTION #2024-______ PASSED AND ADOPTED on , 2024. Motion by __________________________, second by ___________________________. FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Joyce L. Davis ____ ____ Commissioner Tamara James ____ ____ Commissioner Marco Salvino ____ ____ Vice Mayor Lori Lewellen ____ ____ Mayor Archibald J. Ryan IV ____ ____ ATTEST: ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY Page 137 of 303 3 RESOLUTION #2024-______ EXHIBIT “A” Public Art Fund FY2024-25 Recommended Budget REVENUES: Appropriated Fund Balance (389-90-01)$ 227,150 Total Revenues $ 227,150 EXPENDITURES: Professional Services (31-10)Public Art Consultant $ 48,000 Stipend Fees 10,000 Repairs & Maintenance (46-10)Maintenance 20,000 Misc. Supplies (52-20)Plaques, Printed Materials 1,000 Software Licensing (52-31)Public Art Inventory Software 2,500 Works of Art (67-10)Public Art Projects 100,000 Special Projects 25,000 Contingency (99-10)Contingency Funds (10%)20,650 Total Expenditures $ 227,150 Page 138 of 303 City of Dania Beach Public Services Memorandum DATE: 9/24/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Fernando J. Rodriguez, Public Services Director Dincer A. Ozaydin, P.E., Deputy Director/City Engineer SUBJECT: AUTHORIZATION TO APPLY FOR AND ACCEPT A BEAUTIFICATION GRANT, AND ACCEPT A BEAUTIFICATION GRANT AND ENTER INTO BEAUTIFICATION, LANDSCAPING CONSTRUCTION, AND MAINTENANCE MEMORANDUM OF AGREEMENT (MMOA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) E. DANIA BEACH BOULEVARD Request: The Public Services Department (PSD) requests the adoption of a resolution authorizing the application and acceptance of a beautification grant and authority to enter into an MMOA for East Dania Beach Boulevard. Background: The PSD landscape architect is designing landscape improvements on Dania Beach Boulevard as part of the Corridor Master Plan. E. Dania Beach Boulevard is included in the state roadway system and, as such, is eligible to receive an FDOT beautification grant. To offset the cost of the project, the PSD is preparing a grant application seeking $102,000 in grant funds for improvements to E. Dania Beach Boulevard. FDOT grant rules require a resolution of the governing body authorizing the grant application and, if awarded, the authority of staff to accept the grant and enter into an MMOA upon construction completion. Budgetary Impact If awarded, the grant would decrease the City's project cost by $102,000.00. The maintenance budgetary impact is negligible since the City maintains E. Dania Beach Boulevard. Recommendation The PSD recommends the City Commission adopt a resolution authorizing the application and acceptance of a Beautification Grant and the execution of the MMOA with FDOT for landscape improvements to East Dania Beach Boulevard. Page 139 of 303 RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPLY FOR AND ACCEPT A BEAUTIFICATION GRANT AND ENTER INTO A BEAUTIFICATION GRANT, LANDSCAPE CONSTRUCTION, AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR EAST DANIA BEACH BOULEVARD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, while many median and roadside areas in the City are within the Florida Department of Transportation (FDOT) rights of way; and WHEREAS, the City Commission and Administration aim to pursue the beautification of all main corridors, which will be achieved via the ongoing citywide Landscape Master Plan (LMP); and WHEREAS, the Public Services Department has retained the services of a landscape architectural firm that is currently working on the LMP; and WHEREAS, the City Commission of the City of Dania Beach wish to authorize the proper city officials to apply for a FDOT’s Highway Beautification Grant, which is attached as Exhibit “A” and made a part of and incorporated into this Resolution by this reference and, if awarded, to enter into a Beautification, Landscape Construction and Maintenance Memorandum of Agreement (“MMOA”) between the City of Dania Beach and FDOT; and WHEREAS, the Grant Application must be submitted by October 1, 2024 and the City is requesting funds in the amount of $102,000.00. 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 of the City of Dania Beach authorizes the proper City officials to apply for the Highway Beautification Grant from the Florida Department of Transportation, which grant application is attached as Exhibit “A” and made a part of and incorporated into this Resolution by this reference, and if awarded the grant, to enter into a Beautification, Landscape Construction and Maintenance Memorandum of Agreement between Page 140 of 303 2 RESOLUTION #2024-______ the City of Dania Beach and the Florida Department of Transportation for the right of way of East Dania Beach Boulevard. Section 3.That the City Clerk of the City of Dania Beach is directed to send copies of this Resolution to the Florida Department of Transportation and all other persons directed by the City Commission of the City of Dania Beach. Section 4. That if the grant is awarded, the grant match is available in Account No. 301-39-61-541-31-10. Section 5.That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6.That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on __________________, 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 Page 141 of 303 Page 1 of 18 650-050-10 PRODUCTION SUPPORT OGC – 07/17 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT Contract Number FM No. 000000-0-00-00 FEID No: 00-00-0000000 THIS AGREEMENT, entered into this day of , 20 , by and between the State of Florida Department of Transportation, a component agency of the State of Florida, hereinafter called the DEPARTMENT, and , political subdivision of the State of Florida, located at , hereinafter called the RECIPIENT. WITNESSETH WHEREAS, the DEPARTMENT and the RECIPIENT are desirous of having the RECIPIENT make certain improvements in connection with Financial Management (FM) Number for landscape improvements in County, Florida, located at , herein after referred to as the Project. Refer to Exhibit “A” for a detailed Scope of Services and Exhibit “B” for a set of Project Plans attached hereto and made a part hereof; and WHEREAS, the Department is authorized under Sections 334.044 and 339.2405, Florida Statutes, to enter into this Agreement; and WHEREAS, the Florida Legislature has appropriated the amount of $ in Fiscal Year to the Department in order to provide funding for highway beautification programs through a certified Florida Beautification Grant at the local level; and WHEREAS, the improvements are in the interest of both the RECIPIENT and the DEPARTMENT and it would be more practical, expeditious, and economical for the RECIPIENT to perform such activities; and, WHEREAS, the RECIPIENT by Resolution No. adopted on , 20 , a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this Agreement as Exhibit “G”. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The RECIPIENT shall be responsible for assuring that the Project complies with all applicable Federal, State and Local laws, rules, regulations, guidelines and standards, and will not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the performance of work under the Agreement. 3. The DEPARTMENT agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the Project available to the RECIPIENT at no extra cost. 4. The RECIPIENT shall have the sole responsibility for resolving claims and requests for additional work for the Project. The RECIPIENT will make best efforts to obtain the DEPARTMENT’S input in its decisions. 5. The DEPARTMENT agrees to compensate the RECIPIENT for activities as described in Exhibit “B”. The total cost of the Project is estimated at $ . The DEPARTMENT agrees to pay up to a maximum amount of $ for actual costs incurred. The RECIPIENT shall submit progress billings to the DEPARTMENT on a quarterly basis. The balance of the Project cost shall be the sole responsibility of and paid by the RECIPIENT. The RECIPIENT acknowledges and agrees that the DEPARTMENT’S obligation to make payment under the AGREEMENT is contingent upon an annual appropriation by the Florida legislature. Page 142 of 303 Page 2 of 18 650-050-10 PRODUCTION SUPPORT OGC – 07/17 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT 6. This Agreement and Exhibit "C", attached hereto and made a part hereof shall act to supersede the normal requirements of the RECIPIENT to secure a separate DEPARTMENT landscape permit and this agreement is deemed to constitute such permit. The DEPARTMENT shall retain any rights in relation to the RECIPIENT as if it has issued a permit. 7. The RECIPIENT shall: (a) Utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the RECIPIENT during the term of the contract; and (b) Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 8. The RECIPIENT must certify that the installation of the project is completed by a Contractor prequalified by the DEPARTMENT as required by Section 2 of the Standard Specifications for Road and Bridge Construction (2016), as amended unless otherwise approved by the DEPARTMENT in writing or exhibit past project experience in the last five years that are comparable in scale, composition, and overall quality of the site identified within the scope of services of this project. CEI Requirement (Check where applicable) 9. Construction Engineering Inspection (CEI) services will be provided by the RECIPIENT by hiring a DEPARTMENT prequalified consultant firm including one individual that has completed the Advanced Maintenance of Traffic Level Training, unless otherwise approved by the DEPARTMENT in writing. The CEI staff shall be present on the Project at all times that the contractor is working. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer. The DEPARTMENT shall approve all CEI personnel. The RECIPIENT is hereby precluded from having the same consultant firm providing design services. 10. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the RECIPIENT under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. 11. Except as otherwise set forth herein, this Agreement shall continue in effect and be binding to both the RECIPIENT and the DEPARTMENT until the Project is accepted in writing by the DEPARTMENT’S Project Manager as complete, or , whichever occurs first. The DEPARTMENT and RECIPIENT may agree to extend this Agreement in writing. The RECIPIENT shall delegate signature authority for the RECIPIENT to County Administrator. 12. The RECIPIENT shall provide the following quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The deliverables for the Project are shown in Exhibit "D" Deliverables, attached hereto and made a part hereof. The RECIPIENT will need DEPARTMENT approval, in writing, if deviating from these deliverables and the Landscape Plans as shown in Exhibit "B" when approved by the DEPARTMENT. As limited by paragraph number 5, the RECIPIENT will be reimbursed for actual expenses incurred during the Agreement time period that are directly related to the installation of landscape improvements as set forth in this Agreement. The RECIPIENT will submit a written progress report by the 15th day of the month following the installation attesting to the actual number of large and/or small plants installed, along with all irrigation parts received and installed at the Project site. Upon completion of all outstanding contractors’ deficiencies (punch-list items), the RECIPIENT will notify the DEPARTMENT’S District Landscape Architect who is responsible for the review and acceptance of the landscape improvements contemplated in this Agreement. Page 143 of 303 Page 3 of 18 650-050-10 PRODUCTION SUPPORT OGC – 07/17 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT 13. Upon completion, and authorized by this Agreement, the RECIPIENT shall notify the DEPARTMENT in writing of the completion for all design work that originally required certification by a Registered Landscape Architect. This notification shall contain a Landscape Architect's Certification of Compliance Letter, signed and sealed by a Registered Landscape Architect. The certification letter shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations per paragraph number 11 are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. 14. The RECIPIENT shall agree to maintain all landscape improvements at its sole cost and expense and in accordance with the terms of the Landscape Maintenance Memorandum of Agreement attached hereto and made a part hereof as Exhibit "E". 15. Upon completion and certification of the Project, the RECIPIENT must submit the Final Invoice to the DEPARTMENT within 180 days after the final acceptance of the Project which may follow the 365 day warranty period. Invoices submitted after the 180 day time period may not be paid. 16. There shall be no reimbursement for travel expenses under this Agreement. 17. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes. If the Department determines that the performance of the RECIPIENT is unsatisfactory, the Department shall notify the RECIPIENT of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the Department. The RECIPIENT shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the RECIPIENT will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the RECIPIENT shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall be withheld until the RECIPIENT resolves the deficiency. If the deficiency is subsequently resolved, the RECIPIENT may bill the Department for the retained amount during the next billing period. If the RECIPIENT is unable to resolve the deficiency, the funds retained will be forfeited at the end of the Agreement’s term. 18. Invoices shall be submitted by the RECIPIENT in detail sufficient for a proper pre-audit and post audit based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit “B” and Exhibit “D”. Deliverables must be received and accepted in writing by the Department’s Project Manager prior to payments. 19. Supporting documentation must establish that the deliverables were received and accepted in writing by the RECIPIENT and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Section 12 has been met. 20. The RECIPIENT understands and agrees to comply with Section 20.055(5), Florida Statues, and to incorporate in all subcontracts the obligation to understand and comply with Section 20.055(5), Florida Statutes. 21. RECIPIENT providing goods and services to the DEPARTMENT should be aware of the following time frames. The DEPARTMENT has (10) ten working days to inspect and approve the goods and services where working day is defined as any day of the week excluding Saturday, Sunday and any legal holiday as designated in Section 110.117, Florida Statutes. The DEPARTMENT has (20) twenty working days to deliver a request for payment (voucher) to the Department of Financial Services. The (20) twenty working days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. The RECIPIENT providing goods and services to the DEPARTMENT should be aware of the following time frames. Inspection and approval of goods or Page 144 of 303 Page 4 of 18 650-050-10 PRODUCTION SUPPORT OGC – 07/17 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT services shall take no longer than (20) twenty working days. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. 22. If a payment is not available within (40) forty days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the RECIPIENT. Interest penalties of less than one (1) dollar will not be enforced unless the RECIPIENT requests payment. Invoices that have to be returned to a RECIPIENT because of RECIPIENT preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. 23. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for RECIPIENT who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. 24. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the RECIPIENT’S general accounting records and the Project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 25. In the event this contract is for services in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) and a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: “The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year.” 26. The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Recipient shall comply with all audit and audit reporting requirements as specified below. (a) In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures may include, but not be limited to, on-site visits by Department staff, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the state Chief Financial Officer (CFO) or Auditor General. Page 145 of 303 Page 5 of 18 650-050-10 PRODUCTION SUPPORT OGC – 07/17 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT (b) The Recipient, as a “nonstate entity” as defined by Section 215.97(2)(n), Florida Statutes, and as a recipient of state financial assistance awarded by the Department through this Agreement is subject to the following requirements: i) In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of the threshold established by Section 215.97, Florida Statutes, in any fiscal year of the Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit “F” to this Agreement provides the specific state financial assistance information awarded through the Department by this Agreement needed by the Recipient to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. ii) In connection with the audit requirements, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local government entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General. iii) If the Recipient expends less than the threshold established by Section 215.97, Florida Statutes, in state financial assistance in a fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required; however, the Recipient must provide to the Department a certification of exemption to FDOTSingleAudit@dot.state.fl.us no later than 9 months after the end of the Recipient’s fiscal year for each applicable audit year. In the event that the Recipient expends less than the threshold established by Section 215.97, Florida Statutes, in state financial assistance in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Recipient’s resources (i.e., the cost of such an audit must be paid from the Recipient’s resources obtained from other than State entities). iv) Copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, FL 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us and State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen_localgovt@aud.state.fl.us v) Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters Page 146 of 303 Page 6 of 18 650-050-10 PRODUCTION SUPPORT OGC – 07/17 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT 10.550 (local governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General, as applicable. vi) The Recipient, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. vii) Upon receipt, and within 6 months, the Department shall review the Recipient’s financial reporting package, including the management letters and corrective action plans, to the extent necessary to determine whether timely and appropriate corrective action has been taken with respect to audit findings and recommendations pertaining to the state financial assistance provided through the Department by this Agreement. If the Recipient fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance, in accordance with Section 215.97(8)(l), Florida Statutes. viii) As a condition of receiving state financial assistance, the Recipient shall allow the Department, or its designee, the CFO or Auditor General access to the Recipient’s records, including project records, and the independent auditor’s working papers as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. (c) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Recipient shall ensure that the audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. (d) The RECIPIENT shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the RECIPIENT in conjunction with this Agreement. Failure by the RECIPIENT to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. 27. The RECIPIENT warrants that it has not employed or obtained any company or person, other than bona fide employees of the RECIPIENT, to solicit or secure this Agreement, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the RECIPIENT. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability. 28. The Agreement affirms that RECIPIENT is aware of the provisions of Section 287.133(2)(a), Florida Statutes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty six (36) months from the date of being placed on the convicted vendor list. The RECIPIENT agrees that it shall not violate Section 287.133(2)(a), Florida Statutes, and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement. 29. The RECIPIENT affirms that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any Page 147 of 303 Page 7 of 18 650-050-10 PRODUCTION SUPPORT OGC – 07/17 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. The RECIPIENT further agrees that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of this Agreement may result in the termination of this Agreement. 30. CLAIMS: When the Department received notice of a claim for damages that may have been caused by the RECIPIENT in the performance of services required under this Agreement, the Department will immediately forward the claim to the RECIPIENT. 31. In a contract executed between the RECIPIENT and one or more contractors arising out of this Agreement, such contract shall state that: To the fullest extent permitted by law the RECIPIENT’s contractor shall indemnify and hold harmless the RECIPIENT, the State of Florida, Department of Transportation, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful conduct of contractor and persons employed or utilized by contractor in the performance of this Contract. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and RECIPIENT'S sovereign immunity. In a contract executed between the RECIPIENT and one or more consultants arising out of this Agreement, such contract shall state that: To the fullest extent permitted by law, the RECIPIENT's consultant shall indemnify and hold harmless the RECIPIENT, the State of Florida, Department of Transportation, and its officers and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney fees to the extent caused, in whole or in part, by the professional negligence, error or omission, recklessness, or intentional wrongful conduct of the consultant or persons employed or utilized by the consultant in the performance of the Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and RECIPIENT'S sovereign immunity. 32. This Agreement shall be exclusively governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The RECIPIENT agrees to waive forum and venue and that the DEPARTMENT shall determine the forum and venue in which any dispute under this agreement is decided. 33. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document except the Landscape Maintenance Memorandum of Agreement between the DEPARTMENT and the RECIPIENT which is included as Exhibit "E". Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. Page 148 of 303 Page 8 of 18 650-050-10 PRODUCTION SUPPORT OGC – 07/17 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT 34. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: If to the DEPARTMENT:If to the RECIPIENT: State of Florida Department of Transportation Attention: Contact: Title: Title: A second copy to: With a copy to: 35. LIST OF EXHIBITS Exhibit A: Scope of Services Exhibit B: Project Plans Exhibit C: Permit Requirements Exhibit D: Deliverables Exhibit E: Landscape Maintenance Memorandum of Agreement Exhibit F: State Financial Assistance (Florida Single Audi Act) Exhibit G: Agency Resolution IN WITNESS WHEREOF, this Agreement is to be executed below for the purposes specified herein. Authorization has been given to enter into and execute this Agreement by Resolution_________________________, hereto attached. BOARD OF COUNTY COMMISSIONERS COUNTY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY:BY: Authorized Signature Authorized Signature NAME: NAME: (Print/Type)(Print/Type) TITLE: TITLE: (Print/Type)(Print/Type) DATE: ATTEST:(SEAL)ATTEST:(SEAL) TITLE: TITLE: Print Name APPROVED AS TO FORM & LEGAL LEGAL REVIEW: SUFFICIENCY: Name, County Attorney Office of the General Counsel (Date) Page 149 of 303 Page 9 of 18 650-050-10 PRODUCTION SUPPORT OGC – 07/17 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT EXHIBIT A SCOPE OF SERVICES The RECIPIENT ( Board of County Commissioners) agrees to make certain landscape improvements on , Florida, and will subsequently furnish, construct, and inspect the landscape as shown in the plans and specifications prepared by , dated . The following conditions shall apply: (a) The current Florida Department of Transportation Design Standard Index 546 must be adhered to. (b) Lateral offset as specified in the Design Manual or Plans Preparation Manual. (c) Landscape materials shall not obstruct roadside signs or the outdoor advertising view zones for permitted outdoor advertising signs per Florida Statutes 479.106. (d) Landscape materials shall be of a size, type and placement so as not to impede large machine mowing that the DEPARTMENT currently provides and will continue to provide at the same frequency. (e) Should the RECIPIENT elect to design, furnish and construct irrigation, all costs associated with water source connection(s), continued maintenance of the distribution system and water, and electricity costs shall be born solely by the RECIPIENT. All permits (including tree permits), fees, and any mitigation associated with the removal, relocation or adjustments of these improvements are the RECIPIENT’S responsibility. (f) During the installation of the Project and future maintenance operations, maintenance of traffic shall be in accordance with the current edition of the MUTCD and the current Department Design Standards. (g) If there is a need to restrict the normal flow of traffic it shall be done in accordance with the approved Maintenance of Traffic Plan (see Exhibit B). The party performing such work shall give 48 hour notice to the local law enforcement agency within whose jurisdiction such road is located prior to commencing work on the Project. The DEPARTMENT’S Public Information Office shall also be notified by phone at at least 48 hours in advance. (h) The RECIPIENT shall be responsible to clear all utilities within the Project limits. Page 150 of 303 Page 10 of 18 650-050-10 PRODUCTION SUPPORT OGC – 07/17 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT EXHIBIT B PROJECT PLANS Please see attached plans prepared by: of Dated Page 151 of 303 Page 11 of 18 650-050-10 PRODUCTION SUPPORT OGC – 07/17 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT EXHIBIT C PERMIT REQUIREMENTS 1. The Project shall be designed and constructed in accordance with the latest edition of the DEPARTMENT’S Standard Specifications for Road and Bridge Construction and DEPARTMENT Design Standards and Manual of Uniform Traffic Control Devices (“MUTCD”). The following guidelines shall apply as deemed appropriate by the DEPARTMENT: the DEPARTMENT Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, the DEPARTMENT Plans Preparation Manual (“PPM”),also known as the “Design Manual”, Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the “Florida Green Book”) and the DEPARTMENT Traffic Engineering Manual. The RECIPIENT will be required to submit any construction plans required by the DEPARTMENT for review and approval prior to any work being commenced. Should any changes to the plans be required during construction of the Project, the RECIPIENT shall be required to notify the DEPARTMENT of the changes and receive approval from the DEPARTMENT prior to the changes being constructed. The RECIPIENT shall maintain the area of the project at all times and coordinate any work needs of the DEPARTMENT during construction of the project. 2. The RECIPIENT shall notify the DEPARTMENT a minimum of 48 hours before beginning construction within DEPARTMENT right of way. The RECIPIENT shall notify the DEPARTMENT should construction be suspended for more than 5 working days. The DEPARTMENT contact person for construction is at located at , Telephone number , Email address . 3. The RECIPIENT shall be responsible for monitoring construction operations and the maintenance of traffic (“MOT”) throughout the course of the project in accordance with the latest edition of the DEPARTMENT Standard Specifications, section 102. The RECIPIENT is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the DEPARTMENT Design Standards, Index 600 series. Any MOT plan developed by the RECIPIENT that deviates from the DEPARTMENT Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the DEPARTMENT prior to implementation. 4. The RECIPIENT shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. 5. The RECIPIENT will be responsible for obtaining all permits that may be required by other agencies or local governmental entities. 6. It is hereby agreed by the parties that this Agreement creates a permissive use only and all improvements resulting from this Agreement shall become the property of the DEPARTMENT. Neither the granting of the permission to use the DEPARTMENT right of way nor the placing of facilities upon the DEPARTMENT property shall operate to create or vest any property right to or in the RECIPIENT, except as may otherwise be provided in separate agreements. The RECIPIENT shall not acquire any right, title, interest or estate in DEPARTMENT right of way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the RECIPIENT’s use, occupancy or possession of DEPARTMENT right of way. The parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to chapter 163, Florida Statutes. 7. The RECIPIENT shall not cause any liens or encumbrances to attach to any portion of the DEPARTMENT’S property, including but not limited to, DEPARTMENT RIGHT-OF-WAY. Page 152 of 303 Page 12 of 18 650-050-10 PRODUCTION SUPPORT OGC – 07/17 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT 8. The RECIPIENT shall perform all required testing associated with the design and construction of the project. Testing results shall be made available to the DEPARTMENT upon request. The DEPARTMENT shall have the right to perform its own independent testing during the course of the Project. 9. The RECIPIENT shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the DEPARTMENT, applicable Water Management District, Florida Department of Environmental Protection, Environmental Protection Agency, the Army Corps of Engineers, the United States Coast Guard and local governmental entities. 10. If the DEPARTMENT determines a condition exists which threatens the public’s safety, the DEPARTMENT may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from its right of way at the sole cost, expense, and effort of the RECIPIENT. The RECIPIENT shall bear all construction delay costs incurred by the DEPARTMENT. 11. The RECIPIENT shall be responsible to maintain and restore all features that might require relocation within the DEPARTMENT right of way. 12. The RECIPIENT will be solely responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations. 13. The RECIPIENT will be required to maintain the Project until final acceptance by the DEPARTMENT. The acceptance procedure will include a final “walk-through” by RECIPIENT and DEPARTMENT personnel. Upon completion of construction, the RECIPIENT will be required to submit to the DEPARTMENT final as-built plans and an engineering certification that construction was completed in accordance to the plans. Submittal of the final as-built plans shall include one complete set of the signed and sealed plans on 11" X 17" plan sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the termination of this Agreement, the RECIPIENT shall remove its presence, including, but not limited to, all of the RECIPIENT’s property, machinery, and equipment from DEPARTMENT right of way and shall restore those portions of DEPARTMENT right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project. 14. If the DEPARTMENT determines that the Project is not completed in accordance with the provisions of this Agreement, the DEPARTMENT shall deliver written notification of such to the RECIPIENT. The RECIPIENT shall have thirty (30) days from the date of receipt of the DEPARTMENT’S written notice, or such other time as the RECIPIENT and the DEPARTMENT mutually agree to in writing, to complete the Project and provide the DEPARTMENT with written notice of the same (the “Notice of Completion”). If the RECIPIENT fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the DEPARTMENT, within its discretion may: 1) provide the RECIPIENT with written authorization granting such additional time as the DEPARTMENT deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the RECIPIENT’s sole cost and expense, without DEPARTMENT liability to the RECIPIENT for any resulting loss or damage to property, including, but not limited to, machinery and equipment. If the DEPARTMENT elects to correct the deficiency(ies), the DEPARTMENT shall provide the RECIPIENT with an invoice for the costs incurred by the DEPARTMENT and the RECIPIENT shall pay the invoice within thirty (30) days of the date of the invoice. 15. The RECIPIENT shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. The RECIPIENT shall be responsible for the correction of any erosion, shoaling, or water quality problems that result from the construction of the Project. Page 153 of 303 Page 13 of 18 650-050-10 PRODUCTION SUPPORT OGC – 07/17 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT 16. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the vicinity of your proposed work. It is the responsibility of the RECIPIENT to locate and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the Planning and Environmental Management Office (PL&EM) must be contacted immediately at . 17. During construction, highest priority must be given to pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans Disability Act (ADA) standards. 18. Restricted hours of operation will be from 9:00 am to 3:30 pm, (Monday-Friday), unless otherwise approved by the Operations Engineer, or designee. 19. Lane closures on the state road system must be coordinated with the Public Information Office at least two weeks prior to the closure. The contact information for the DEPARTMENT’s Public Information Office is: Name Florida Department of Transportation Public Information Office , Florida Phone Page 154 of 303 Page 14 of 18 650-050-10 PRODUCTION SUPPORT OGC – 07/17 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT EXHIBIT D DELIVERABLES *THE RECIPIENT WILL NEED DEPARTMENT APPROVAL IF DEVIATING FROM THESE DELIVERIBLES AS SHOWN IN EXHIBIT B PLEASE SEE ATTACHED Page 155 of 303 Page 15 of 18 650-050-10 PRODUCTION SUPPORT OGC – 07/17 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT DELIVERABLES: Florida Beautification Grant FM# Date: ESTIMATED ITEM DESCRIPTION QTY UNIT Landscape - Large Plants Furnish & Install Trees, Palms, and Shrubs 0 EACH Name Spec Name Spec Name Spec Name Spec Name Spec Name Spec Landscape - Small Plants Furnish & Install Shrubs / Gr. Covers 0 EACH Name Spec Name Spec Name Spec Landscape - Other Furnish & Install Sod and Mulch Sod (Square Foot Area) Certified, Disease, Pest, & Weed Free 0 EACH Irrigation Install Irrigation System per Plans Irrigation System, Complete - Per Plans Extend Exist. Irrigation into New Areas 0 L.S. Page 156 of 303 Page 16 of 18 650-050-10 PRODUCTION SUPPORT OGC – 07/17 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT EXHIBIT E LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT PLEASE SEE ATTACHED Page 157 of 303 Page 17 of 18 650-050-10 PRODUCTION SUPPORT OGC – 07/17 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT EXHIBIT F STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Awarding Agency:Florida Department of Transportation State Project Title:HIGHWAY BEAUTIFICATION GRANTS – KEEP FLORIDA BEAUTIFUL CSFA Number:55.003 *Award Amount:$ 0 *The state award amount may change with supplemental agreements Specific project information for CSFA Number 55.003 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.003 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx Page 158 of 303 Page 18 of 18 650-050-10 PRODUCTION SUPPORT OGC – 07/17 FLORIDA DEPARTMENT OF TRANSPORTATION BEAUTIFICATION GRANT EXHIBIT G AGENCY RESOLUTION PLEASE SEE ATTACHED Page 159 of 303 City of Dania Beach City Manager Memorandum DATE: 9/24/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Eve A. Boutsis, City Attorney SUBJECT: Renewal for the Annual Engagement Letter with Ronald L. Book, P.A. for Lobbyist Services Pertaining to Local (including Airport) and State Legislative Issues Request: The renewal of the engagement letter with Ronald L. Book, P.A. for lobbyist services is presented for Commission review and consideration. Background: The City has retained the lobbyist services of Ronald L. Book, P.A. for local government and airport related issues since 2015. The renewal of the engagement letter would be effective beginning October 1, 2024through September 30, 2025. Budgetary Impact The annual cost is $62,500.00 and the funding is planned and appropriated in the Fiscal Year 2024-2025 Commission budget, Professional Services Account Number: 001-11-01-511-31-10. Recommendation The renewal of the engagement letter is a City Commission decision. Page 160 of 303 RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN ENGAGEMENT LETTER THAT EXCEEDS THE ANNUAL VENDOR THRESHOLD TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00), WITH RONALD L. BOOK, P.A., FOR CONSULTING (LOBBYIST) SERVICES RELATED TO ISSUES OF CONCERN TO THE CITY OF DANIA BEACH INCLUDING MATTERS ASSOCIATED WITH BROWARD COUNTY AS WELL AS GENERAL LEGISLATION AND RELATED ISSUES AT THE STATE LEVEL IN AN AMOUNT NOT TO EXCEED SIXTY TWO THOUSAND FIVE HUNDRED DOLLARS ($62,500.00) FOR FISCAL YEAR 2024-25; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection (j), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of the established monetary threshold without competitive bidding and without advertisement for bids if she is authorized to do so in advance by a resolution adopted by the City Commission; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, “Monetary thresholds for certain purchases and payment disbursement authorizations”, subsection (a), sets the monetary threshold or limitation at $50,000.00 for a vendor each fiscal year; and WHEREAS, the City has retained Ronald L. Book, P.A. (the “Consultant”) through an Engagement Letter for the past several years, to provide services in connection with Broward County and State-related issues of concern to the City of Dania Beach (the “Services”); and WHEREAS, the current agreement expires on September 30, 2024, and the City desires to continue to obtain the Services of the Consultant; and WHEREAS, the total amount of purchases from the Consultant for Fiscal Year 2024-25 will exceed the $50,000.00 annual purchase threshold for a single vendor and, therefore, requires City Commission approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1.That the above “Whereas” clauses are true and correct, and they are made a part of and incorporated into this Resolution by this reference. Page 161 of 303 RESOLUTION #2024-______2 Section 2.That the City Commission authorizes the proper City officials to execute an engagement letter with Ronald L. Book, P.A., which will provide the City with consulting (lobbyist) services beginning October 1, 2024 for a one year term at a cost of Sixty Two Thousand Five Hundred Dollars ($62,500.00) inclusive of all expenses, payable monthly, in eleven (11) payments of Five Thousand Two Hundred Eight Dollars and Thirty Three Cents ($5,208.33) with the last installment being Five Thousand Two Hundred Eight Dollars and Thirty Seven Cents ($5,208.37). A copy of the Engagement Letter is attached as Exhibit “A”, and it is made a part of and is incorporated into this Resolution by this reference. Section 3.That funding is planned and appropriated in the Fiscal Year 2023-24 City Commission budget Professional Services Account #001-11-01-511-31-10. Section 4.That all services obtained from Ronald L. Book, P.A. shall be subject to approved annual budget appropriations and in accordance with the City’s procurement policies and are authorized to exceed the annual amount of $50,000.00 purchase threshold for a single vendor for Fiscal Year 2024-25. Section 5.That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6.That this Resolution shall become effective immediately upon 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 ____ ____ Page 162 of 303 RESOLUTION #2024-______3 ATTEST: ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY Page 163 of 303 September 5, 2024 Ms. Eve A. Boutsis City Attorney City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 Dear Eve: Thank you, the City Manager, and City Commission for providing our firm with the continued privilege of representing the City of Dania Beach and the taxpayers of the City in Tallahassee, including the Legislature and the Executive Branch on Governmental Affairs matters. My firm will provide support on all matters with an emphasis on legislative appropriations issues, as well as continuing to protect the City’s valuable stake in the Tribal Compact on the statutorily directed distribution of local impact funds. Our firm’s responsibility will be to handle all traditional lobbying services. This will include, but not be limited to, working with local staff, Legislative Staff, and Executive Branch Staff as well as elected officials at all levels. We will, at all times, aggressively represent and advocate for the City and its interests. You agree to fully educate us on all matters of interest and priority to the City, and we agree to meet periodically, as requested. In exchange for this representation, you agree to compensate our firm with a retainer of $62,500 a year payable in monthly payments of $5,208.33 a month, except the final month will be invoiced at $5,208.37. This agreement will be effective October 1, 2024, and extend for twelve (12) months, anticipating a renewal prior to the expiration of this agreement of September 30, 2025, for an additional twelve-month period, unless a written notice of discontinuation is received not less than 30 days prior to the end of the agreement. It is also understood that this agreement is cancellable by either party with 30 days written notice. Assuming this meets with your approval, please sign, and return to my office. Sincerely, _____________________________ ____________________________ Ronald L. Book Archibald J. Ryan IV, Mayor Ronald L. Book, P.A. City of Dania Beach, Florida ____________________________ Eve A. Boutsis, City Attorney RLB: BM City of Dania Beach, Florida Page 164 of 303 City of Dania Beach Parks & Recreation Memorandum DATE: 9/24/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Cassi Waren, CPRP, Director of Parks & Recreation SUBJECT: Authorizing the ranking of firms for Request For Qualifications (RFQ) No. 24-015, entitled “Design Services for P.J. Meli Aquatics Complex Improvements”, and to authorize contract negotiations with the top-ranked responder. Request: The Parks and Recreation Department is requesting the adoption of a resolution authorizing the rankings of the responsive firms for RFQ No. 24-015, entitled "Design Services for P.J. Meli Aquatics Complex Improvements", and authorizing the proper City Officials to enter into contract negotiations with the top-ranked responder, Bermello Ajamil & Partners Inc. Background: The City adopted a Parks Master Plan in March 2019 which included reconstruction of P.J. Meli Aquatics Complex located at 2901 SW 52nd Street. The City issued RFQ No. 24-015 on June 18, 2024, for the selection of a design services consultant for the Project. An Evaluation Committee consisting of the City’s Director of Parks and Recreation, the Deputy Director of Parks and Recreation, and the Public Services Deputy Director/City Engineer met on August 8, 2024, to review and evaluate the ten (10) qualified submittals. After an extensive evaluation process which included a review of each firm’s experience, area of expertise, minority and women certification, and current project workloads, the Committee ranked the submittals and selected the three (3) highest ranked design firms based on their qualifications as follows: 1. Bermello Ajamil & Partners, Inc 281 points 2. Walters Zackria Assoiates, PLLC. 278 points 3. R.E. Chisholm Architects, Inc. 261 points Budgetary Impact Funding for the Project is available and appropriated within the Parks Masterplan Fund P.J. Meli Park Construction Professional Services Account No. 302-72-08-572-31-10. Page 165 of 303 Recommendation It is recommended that the City Commission adopt the resolution authorizing the rankings of the responsive firms for RFQ No. 24-015, entitled "Design Services for P.J. Meli Aquatics Complex Improvements", and authorize the proper City Officials to enter into contract negotiations with the top-ranked responder, Bermello Ajamil & Partners Inc. Page 166 of 303 RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE RANKING OF FIRMS THAT RESPONDED TO REQUEST FOR QUALIFICATIONS (“RFQ”) NO. 24-015, ENTITLED “DESIGN SERVICES FOR P.J. MELI AQAUTICS COMPLEX IMPROVEMENTS”, AND TO AUTHORIZE CONTRACT NEGOTIATIONS WITH THE TOP-RANKED RESPONDER; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City adopted a Parks Master Plan in March 2019 which included reconstruction of P.J. Meli Aquatics Complex at 2901 SW 52nd Street (the “Project”); and WHEREAS, the City issued RFQ No. 24-015 on June 18, 2024 for the selection of a design services consultant for the Project; and WHEREAS, an Evaluation Committee consisting of the City’s Director of Parks and Recreation, the Deputy Director of Parks and Recreation, and the Public Services Deputy Director/City Engineer (the “Committee”) met on August 8, 2024, to review and evaluate the ten qualified (10) submittals; and WHEREAS, after an extensive evaluation process which included a review of each firm’s experience, area of expertise, minority and women certification, and current project workloads, the Committee ranked the submittals and selected the three (3) highest ranked design firms based on their qualifications as follows: CONSULTANT SCORE RANK Bermello Ajamil & Partners, Inc.281 1 Walters Zackria Associates, PLLC 278 2 R.E. Chisholm Architects, Inc.261 3 WHEREAS, the City Administration recommends the City Commission authorize negotiations with the highest ranked firm, Bermello Ajamil & Partners, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1.That the foregoing “WHEREAS” clauses are ratified and confirmed as being true and correct, and they are made a specific part of and incorporated into this Resolution by this reference. Page 167 of 303 2 RESOLUTION #2024-______ Section 2.That the City Commission accepts the ranking of the consultants responding to RFQ No. 24-015, entitled “Design Services for P.J. Meli Aquatics Complex Improvements”, as provided above. Section 3.That the proper City officials are authorized to negotiate and execute an agreement with Bermello Ajamil & Partners, Inc. If negotiations are unsuccessful, the City can proceed with next highest ranked respondent, until the list is exhausted, or a contract is negotiated consistent with the terms of the RFQ. Section 4.That funding for the Project is available and appropriated within the Parks Masterplan Fund P.J. Meli Park Construction Professional Services Account No. 302-72-08-572- 31-10. Section 5.That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6.That this Resolution shall become effective within ten (10) days of its passage and adoption. PASSED AND ADOPTED on ___________________________, 2024. FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Joyce L. Davis ____ ____ Commissioner Tamara James ____ ____ Commissioner Marco Salvino ____ ____ Vice Mayor Lori Lewellen ____ ____ Mayor Archibald J. Ryan IV ____ ____ ATTEST: ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY Page 168 of 303 Firm Qualifications Experience and Qualifications of Assigned Staff Approach and Delivary of Services (Understanding the scope of work)Minority Business Enterprise Score Totals Bermello Ajamil & Parterners Inc. Bermello Ajamil & Parterners Inc. Bermello Ajamil & Parterners Inc. Bermello Ajamil & Parterners Inc. Cassie Waren 39 29 23 5 96 Franky Lazo 40 28 25 5 98 Dincer 35 24 23 5 87 Total Score 281 Firm Qualifications Experience and Qualifications of Assigned Staff Approach and Delivary of Services (Understanding the scope of work)Minority Business Enterprise Kimley-Horn and Associates Kimley-Horn and Associates Kimley-Horn and Associates Kimley-Horn and Associates Cassie Waren 35 26 23 0 84 Franky Lazo 38 28 25 0 91 Dincer 31 23 21 0 75 Total Score 250 Firm Qualifications Experience and Qualifications of Assigned Staff Approach and Delivary of Services (Understanding the scope of work)Minority Business Enterprise Walters Zackria Associates, PLLC Walters Zackria Associates, PLLC Walters Zackria Associates, PLLC Walters Zackria Associates, PLLC Cassie Waren 38 25 23 5 91 Franky Lazo 40 29 24 5 98 Dincer 36 27 21 5 89 Total Score 278 Firm Qualifications Experience and Qualifications of Assigned Staff Approach and Delivary of Services (Understanding the scope of work)Minority Business Enterprise Bea Architects Inc.Bea Architects Inc.Bea Architects Inc.Bea Architects Inc. Cassie Waren 32 22 22 5 81 Franky Lazo 28 24 20 5 77 Dincer 34 26 22 5 87 Total Avg Score 245 Firm Qualifications Experience and Qualifications of Assigned Staff Approach and Delivary of Services (Understanding the scope of work)Minority Business Enterprise Brooks + Scarpa Brooks + Scarpa Brooks + Scarpa Brooks + Scarpa Cassie Waren 33 24 22 5 84 Franky Lazo 30 25 0 5 60 Dincer 32 25 23 5 85 Total Score 229 Firm Qualifications Experience and Qualifications of Assigned Staff Approach and Delivary of Services (Understanding the scope of work)Minority Business Enterprise Justin Architects P.A.Justin Architects P.A.Justin Architects P.A.Justin Architects P.A. Cassie Waren 33 24 22 5 84 Franky Lazo 32 26 22 5 85 Dincer 36 25 22 5 88 Total Score 257 Firm Qualifications Experience and Qualifications of Assigned Staff Approach and Delivary of Services (Understanding the scope of work)Minority Business Enterprise R.E. Chisholm Architects Inc. R.E. Chisholm Architects Inc. R.E. Chisholm Architects Inc. R.E. Chisholm Architects Inc. Cassie Waren 34 24 22 5 85 Franky Lazo 32 27 23 5 87 Dincer 36 27 21 5 89 Total Score 261 Firm Qualifications Experience and Qualifications of Assigned Staff Approach and Delivary of Services (Understanding the scope of work)Minority Business Enterprise Saltz Michelson Architects Inc. Saltz Michelson Architects Inc. Saltz Michelson Architects Inc. Saltz Michelson Architects Inc. Cassie Waren 35 25 23 5 88 Franky Lazo 30 25 23 5 83 Dincer 36 26 22 5 89 Total Score 260 Firm Qualifications Experience and Qualifications of Assigned Staff Approach and Delivary of Services (Understanding the scope of work)Minority Business Enterprise Page 169 of 303 Wannemacher Jensen Architects Wannemacher Jensen Architects Wannemacher Jensen Architects Wannemacher Jensen Architects Cassie Waren 30 22 22 0 74 Franky Lazo 34 26 22 0 82 Dincer 32 24 22 0 78 Total Score 234 Firm Qualifications Experience and Qualifications of Assigned Staff Approach and Delivary of Services (Understanding the scope of work)Minority Business Enterprise Zyscovich Architects Zyscovich Architects Zyscovich Architects Zyscovich Architects Cassie Waren 31 23 22 0 76 Franky Lazo 38 28 0 0 66 Dincer 31 27 22 0 80 Total Score 222 Firm Score Rank Bermello Ajamil & Parterners Inc. 281 1 Kimley-Horn and Associates 250 6 Walters Zackria Associates, PLLC 278 2 Bea Architects Inc.245 7 Brooks + Scarpa 229 9 Justin Architects P.A.257 5 R.E. Chisholm Architects Inc. 261 3 Saltz Michelson Architects Inc. 260 4 Wannemacher Jensen Architects 234 8 Zyscovich Architects 222 10 Page 170 of 303 City of Dania Beach Parks & Recreation Memorandum DATE: 9/24/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Cassi Waren, CPRP, Director of Parks & Recreation SUBJECT: Authorizing the ranking of firms for Request For Qualifications (RFQ) No. 24-019, entitled “Design Services for Olsen Middle School Park Project”, and to authorize contract negotiations with the top-ranked responder. Request: The Parks and Recreation Department is requesting the adoption of a resolution authorizing the rankings of the responsive firms for RFQ No. 24-019, entitled "Design Services for Olsen Middle School Park Project", and authorizing the proper City Officials to enter into contract negotiations with the top-ranked responder, Walters Zackria Associates, PLLC. Background: The City adopted a Parks Master Plan in March 2019 which included construction of the property located at Olsen Middle School, 330 SE 11th Terrace. The City issued RFQ No. 24-019 on July 12, 2024, for the selection of a design services consultant for the Project. An Evaluation Committee consisting of the City’s Director of Parks and Recreation, the Deputy Director of Parks and Recreation, and the Public Services Facilities and Landscaping Operations Manager met on September 11, 2024, to review and evaluate the fourteen (14) qualified submittals. After an extensive evaluation process which included a review of each firm’s experience, area of expertise, minority and women certification, and current project workloads, the Committee ranked the submittals and selected the three (3) highest ranked design firms based on their qualifications as follows: Walters Zackria Associates, PLLC. 270 points Bermello Ajamil & Partners, Inc 266 points Keith and Associates, Inc. 256 points Budgetary Impact Funding for the Project is available and appropriated within the Capital Projects Fund Olsen Page 171 of 303 Middle School Project Professional Services Account No. 301-72-62-572-31-10. Recommendation It is recommended that the City Commission adopt the resolution authorizing the rankings of the responsive firms for RFQ No. 24-019, entitled "Design Services for Olsen Middle School Park Project", and authorize the proper City Officials to enter into contract negotiations with the top- ranked responder, Walters Zackria Associates, PLLC. Page 172 of 303 RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE RANKING OF FIRMS THAT RESPONDED TO REQUEST FOR QUALIFICATIONS (“RFQ”) NO. 24-019, ENTITLED “DESIGN SERVICES FOR OLSEN MIDDLE SCHOOL PARK PROJECT”, AND TO AUTHORIZE CONTRACT NEGOTIATIONS WITH THE WALTERS ZACKRIA ASSOCIATES, PLLC; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City adopted a Parks Master Plan in March 2019 which included construction of the property located at Olsen Middle School, 330 SE 11th Terrace (the “Project”); and WHEREAS, the City issued RFQ No. 24-019 on July 12, 2024 for the selection of a design services consultant for the Project; and WHEREAS, an Evaluation Committee consisting of the City’s Director of Parks and Recreation, the Deputy Director of Parks and Recreation, and the Public Services Facilities and Landscaping Operations Manager (the “Committee”) met on September 11, 2024, to review and evaluate the fourteen qualified (14) submittals; and WHEREAS, after an extensive evaluation process which included a review of each firm’s experience, area of expertise, minority and women certification, and current project workloads, the Committee ranked the submittals and selected the three (3) highest ranked design firms based on their qualifications as follows: CONSULTANT SCORE RANK Walters Zackria Associates, PLLC.270 1 Bermello Ajamil & Partners, Inc.266 2 Keith and Associates, Inc.256 3 WHEREAS, the City Administration recommends the City Commission authorize negotiations with the highest ranked firm, Walters Zackria Associates, PLLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1.That the foregoing “WHEREAS” clauses are ratified and confirmed as being true and correct, and they are made a specific part of and incorporated into this Resolution by this reference. Page 173 of 303 2 RESOLUTION #2024-______ Section 2.That the City Commission accepts the ranking of the consultants responding to RFQ No. 24-019, entitled “Design Services for Olsen Middle School Park Project”, as provided above. Section 3.That the proper City officials are authorized to negotiate and execute an agreement with Walters Zackria Associates, PLLC. If negotiations are unsuccessful, the City can proceed with next highest ranked respondent, until the list is exhausted, or a contract is negotiated consistent with the terms of the RFQ. Section 4.That funding for the Project is available and appropriated within the Capital Projects Fund Olsen Middle School Project Professional Services Account No. 301-72-62-572- 31-10. Section 5.That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6.That this Resolution shall become effective within ten (10) days of its passage and adoption. 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 ____ ____ SIGNATURE PAGE TO FOLLOW Page 174 of 303 3 RESOLUTION #2024-______ ATTEST: ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY Page 175 of 303 Firm Qualifications Experience and Qualifications of Assigned Staff Approach and Delivary of Services (Understanding the scope of work)Minority Business Enterprise Score Totals Bermello Ajamil & Parterners Inc. Bermello Ajamil & Parterners Inc. Bermello Ajamil & Parterners Inc. Bermello Ajamil & Parterners Inc. Cassie Waren 37 28 23 5 93 Franky Lazo 37 28 22 5 92 Carl Kallicharan 33 23 20 5 81 Total Sum 266 Firm Qualifications Experience and Qualifications of Assigned Staff Approach and Delivary of Services (Understanding the scope of work)Minority Business Enterprise BEA Architects, Inc BEA Architects, Inc BEA Architects, Inc BEA Architects, Inc Cassie Waren 32 22 22 5 81 Franky Lazo 28 23 20 5 76 Carl Kallicharan 30 25 20 5 80 Total Sum 237 Firm Qualifications Experience and Qualifications of Assigned Staff Approach and Delivary of Services (Understanding the scope of work)Minority Business Enterprise CPH Engineers CPH Engineers CPH Engineers CPH Engineers Cassie Waren 36 25 22 5 88 Franky Lazo 24 22 20 5 71 Carl Kallicharan 37 26 22 5 90 Total Sum 249 Firm Qualifications Experience and Qualifications of Assigned Staff Approach and Delivary of Services (Understanding the scope of work)Minority Business Enterprise Jorge Gutierrez Architect Jorge Gutierrez Architect Jorge Gutierrez Architect Jorge Gutierrez Architect Cassie Waren 30 23 22 5 80 Franky Lazo 26 22 18 5 71 Carl Kallicharan 29 25 20 5 79 Total Sum 230 Firm Qualifications Experience and Qualifications of Assigned Staff Approach and Delivary of Services (Understanding the scope of work)Minority Business Enterprise Keith and Associates, Inc_Keith and Associates, Inc_Keith and Associates, Inc_Keith and Associates, Inc_ Cassie Waren 36 26 23 5 90 Franky Lazo 38 28 25 5 96 Carl Kallicharan 20 25 20 5 70 Total Sum 256 Firm Qualifications Experience and Qualifications of Assigned Staff Approach and Delivary of Services (Understanding the scope of work)Minority Business Enterprise Kimley-Horn and Associates, Inc Kimley-Horn and Associates, Inc Kimley-Horn and Associates, Inc Kimley-Horn and Associates, Inc Cassie Waren 35 25 22 0 82 Franky Lazo 34 28 25 0 87 Carl Kallicharan 26 25 25 0 76 Total Sum 245 Firm Qualifications Experience and Qualifications of Assigned Staff Approach and Delivary of Services (Understanding the scope of work)Minority Business Enterprise LANDSCAPE DE LANDSCAPE DE LANDSCAPE DE LANDSCAPE DE Cassie Waren Disqualified Disqualified Disqualified 0 0 Franky Lazo Disqualified Disqualified Disqualified 0 0 Carl Kallicharan Disqualified Disqualified Disqualified 0 0 Total Sum 0 Firm Qualifications Experience and Qualifications of Assigned Staff Approach and Delivary of Services (Understanding the scope of work)Minority Business Enterprise Miller Legg Miller Legg Miller Legg Miller Legg Cassie Waren 35 25 22 0 82 Franky Lazo 36 28 25 0 89 Carl Kallicharan 26 25 25 0 76 Total Sum 247 Firm Qualifications Experience and Qualifications of Assigned Staff Approach and Delivary of Services (Understanding the scope of work)Minority Business Enterprise REQUEST FOR QUALIFICATIONS FOR DESIGN SERVICES FOR OLSEN MIDDLE SCHOOL PARK PROJECT RFQ 24-019 COMMITTEE SCORES Page 176 of 303 Perkins&Will Perkins&Will Perkins&Will Perkins&Will Cassie Waren 33 23 21 5 82 Franky Lazo 22 22 0 5 49 Carl Kallicharan 38 27 23 5 93 Total Sum 224 Firm Qualifications Experience and Qualifications of Assigned Staff Approach and Delivary of Services (Understanding the scope of work)Minority Business Enterprise R.E. Chisholm Architects. Inc_R.E. Chisholm Architects. Inc_R.E. Chisholm Architects. Inc_R.E. Chisholm Architects. Inc_ Cassie Waren 34 22 22 5 83 Franky Lazo 32 27 25 5 89 Carl Kallicharan 32 20 20 5 77 Total Sum 249 Firm Qualifications Experience and Qualifications of Assigned Staff Approach and Delivary of Services (Understanding the scope of work)Minority Business Enterprise Saltz Michelson Architects, Inc Saltz Michelson Architects, Inc Saltz Michelson Architects, Inc Saltz Michelson Architects, Inc Cassie Waren 33 25 21 5 84 Franky Lazo 31 25 25 5 86 Carl Kallicharan 33 20 20 5 78 Total Sum 248 Firm Qualifications Experience and Qualifications of Assigned Staff Approach and Delivary of Services (Understanding the scope of work)Minority Business Enterprise The Tamara Peacock Company Architects The Tamara Peacock Company Architects The Tamara Peacock Company Architects The Tamara Peacock Company Architects Cassie Waren 31 21 21 5 78 Franky Lazo 32 26 22 5 85 Carl Kallicharan 17 20 20 5 62 Total Sum 225 Firm Qualifications Experience and Qualifications of Assigned Staff Approach and Delivary of Services (Understanding the scope of work)Minority Business Enterprise Walters Zackria Associates, PLLC Walters Zackria Associates, PLLC Walters Zackria Associates, PLLC Walters Zackria Associates, PLLC Cassie Waren 38 28 23 5 94 Franky Lazo 38 28 23 5 94 Carl Kallicharan 32 25 20 5 82 Total Sum 270 Firm Qualifications Experience and Qualifications of Assigned Staff Approach and Delivary of Services (Understanding the scope of work)Minority Business Enterprise West Construction, Inc. & West Architecture + Design, LLC West Construction, Inc. & West Architecture + Design, LLC West Construction, Inc. & West Architecture + Design, LLC West Construction, Inc. & West Architecture + Design, LLC Cassie Waren 35 25 22 5 87 Franky Lazo 35 25 23 5 88 Carl Kallicharan 19 20 20 5 64 Total Sum 239 Rank 1 Walters Zackria Associates, PLLC 270 Rank 2 Bermello Ajamil & Parterners Inc. 266 Rank 3 Keith and Associates, Inc_256 Firm Avg Highest Rankings Page 177 of 303 City of Dania Beach Parks & Recreation Memorandum DATE: 9/24/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Cassi Waren, CPRP, Director of Parks and Recreation SUBJECT: Awarding an invitation to bid ("ITB") No. 24-018, entitled, "Mullikin Park Improvements" to Bejar Construction, Inc., for an amount not to exceed Six Hundred Fifteen Thousand Four Hundred Sixty-One Dollars ($615,461.00), plus Fifty Thousand Dollars ($50,000.00) in contingency funds. Request: The Parks and Recreation Department is requesting the adoption of a resolution awarding an Invitation To Bid ("ITB") No. 24-018, entitled, "Mullikin Park Improvements" to Bejar Construction, Inc., for an amount not to exceed Six Hundred Fifteen Thousand Four Hundred Sixty-One Dollars ($615,461.00), plus Fifty Thousand Dollars ($50,000.00) in contingency funds. Background: The City of Dania Beach was awarded $200,000 in grant funding through the Florida Recreation Development Assistance Program (FRDAP) with a $200,000 match in August 2022 for the Mullikin Park Improvements Project. On August 22, 2023, the City Commission of the City of Dania Beach approved Resolution 2023-084, entering into an agreement with Kimley-Horn and Associates Inc. for the Design Services related to the Project and authorized the Parks and Recreation Department to solicit through formal bidding the construction services for the park improvements. On July 12, 2024, the City issued ITB. No. 24-018 entitled “Mullikin Park Improvements for the selection of a qualified firm for Construction Services for the Project. On August 16, 2024, the City received six (6) responsive and qualified bids to ITB No. 2024-018, shown below: 1. Bejar Construction, Inc. $615,461.00 2. Ryan Construction, Inc. $789,488.00 3. Persons Services Corp $822,879.00 Page 178 of 303 4. Vercetti Enterprises $856,770.61 5. M&J General Contractors $930,081.48 6. Sky Living Co. $1,147,795.89 The Committee’s assessment of the respondent bid packages, as well as the review by the design services team from Kimley-Horn and Associates Inc., resulted in the selection of Bejar Construction, Inc., as the most responsive and responsible proposer. Budgetary Impact That funding in the amount of One Hundred Sixty-One Thousand Six Hundred Twenty-One Dollars ($161,621.00) is currently available and appropriated within the Grant Fund Mullikin Park Project Account No. 103-72-10-572-63-10. Upon approval of this Resolution, additional funding in the amount of Five Hundred Three Thousand Eight Hundred Forty Dollars ($503,840.00) will be appropriated from General Fund Unassigned Fund Balance Account No. 001-00-00-389-90-01 and transferred to the Grant Fund Project Account, as follows: Account No. / Description Revenue Expenditure 001-00-00-389-90-01 Appropriated Fund Balance $ 503,840.00 001-18-00-519-91-03 Transfer to Grant Fund $ 503,840.00 103-00-00-381-00-01 Transfer from General Fund $ 503,840.00 103-72-10-572-63-10 Mullikin Park Project Account $ 503,840.00 Recommendation It is recommended that City Commission adopt the resolution awarding an Invitation To Bid ("ITB") No. 24-018, entitled, "Mullikin Park Improvements" to Bejar Construction, Inc., for an amount not to exceed Six Hundred Fifteen Thousand Four Hundred Sixty-One Dollars ($615,461.00), plus Fifty Thousand Dollars ($50,000.00) in contingency funds. Page 179 of 303 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. 24-018, ENTITLED, “MULLIKIN PARK IMPROVEMENTS” TO BEJAR CONSTRUCTION, INC., IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTEEN THOUSAND FOUR HUNDRED SIXTY-ONE DOLLARS ($615,461.00), PLUS FIFTY THOUSAND DOLLARS ($50,000.00) IN CONTINGENCY FUNDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach was awarded $200,000 in grant funding through the Florida Recreation Development Assistance Program (FRDAP) with a $200,000 match in August 2022 for the Mullikin Park Improvements Project (the “Project); and WHEREAS, on August 22, 2023, the City Commission of the City of Dania Beach approved Resolution 2023-084, entering into an agreement with Kimley-Horn and Associates Inc. for the Design Services related to the Project and authorized the Parks and Recreation Department to solicit through formal bidding the construction services for the park improvements; and WHEREAS, on July 12, 2024, the City issued ITB. No. 24-018 entitled “Mullikin Park Improvements for the selection of a qualified firm for Construction Services for the Project; and WHEREAS, on August 16, 2024, the City received six (6) responsive and qualified bids to ITB No. 2024-018, shown below: 1. Bejar Construction, Inc. $615,461.00 2. Ryan Construction, Inc. $789,488.00 3. Persons Services Corp. $822,879.00 4. Vercetti Enterprises $856,770.61 5. M&J General Contractors $930,081.48 6. Sky Living Co. $1,147,795.89; and WHEREAS, the Committee’s assessment of the respondent bid packages, as well as the review by the design services team from Kimley-Horn and Associates Inc., resulted in the selection of Bejar Construction, Inc., as the most responsive and responsible proposer; and WHEREAS, the City Administration recommends that the City Commission award ITB No. 24-018 to Bejar Construction, Inc. and authorize the proper City officials to execute an agreement for Construction Services for the Project, which agreement is attached as Exhibit “A” and incorporated into this Resolution by this reference. Page 180 of 303 2 RESOLUTION #2024-______ 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 with Bejar Construction, Inc. for the Construction Services for the Project in an amount not to exceed Six Hundred Fifteen Thousand Four Hundred Sixty-One Dollars ($615,461.00) plus Fifty Thousand Dollars ($50,000.00) in Contingency funds, for a total Project cost of Six Hundred Sixty-Five Thousand Four Hundred Sixty One Dollars ($665,461.00). Section 3.That funding in the amount of One Hundred Sixty-One Thousand Six Hundred Twenty-One Dollars ($161,621.00) is currently available and appropriated within the Grant Fund Mullikin Park Project Account No. 103-72-10-572-63-10. Upon approval of this Resolution, additional funding in the amount of Five Hundred Three Thousand Eight Hundred Forty Dollars ($503,840.00) will be appropriated from General Fund Unassigned Fund Balance Account No. 001-00-00-389-90-01 and transferred to the Grant Fund Project Account, as follows: Account No. / Description Revenue Expenditure 001-00-00-389-90-01 Appropriated Fund Balance $ 503,840.00 001-18-00-519-91-03 Transfer to Grant Fund $ 503,840.00 103-00-00-381-00-01 Transfer from General Fund $ 503,840.00 103-72-10-572-63-10 Mullikin Park Project Account $ 503,840.00 Section 4.That the City Manager is authorized to approve uses of the project Contingency upon written request from the Parks and Recreation Department Director. Section 5.That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6.That this Resolution shall become effective within ten (10) days of its passage and adoption. PASSED AND ADOPTED on __________________, 2024. Page 181 of 303 3 RESOLUTION #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 Page 182 of 303 1 AGREEMENT THIS IS AN AGREEMENT (“Agreement”) dated , 2024, between the City of Dania Beach, Florida, a Florida municipal corporation (“City”), with its principal place of business located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and Bejar Construction, Inc. (“Contractor”), a Florida corporation with an address of 6326 SW 191 Avenue, Pembroke Pines, Florida 33332, with a contact name and email, Benny Bejar, bejarconstruction@msn.com In consideration of the mutual covenants, terms and conditions contained in this Agreement, and for other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree as follows: 1. Definitions. City. The City of Dania Beach, Florida. City Code. The City of Dania Beach Code of Ordinances. Force Majeure: Any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of such party including, but is not limited to fire, earthquakes, hurricanes, tornadoes, storms, lightning, epidemic, pandemic, war, riot, civil disturbance, sabotage, and governmental actions (provided that City's actions cannot delay of the City' s compliance hereunder). Governmental Approvals: All governmental and quasi-governmental approvals from applicable city, county and other agencies and authorities required to develop the Property, including, but not limited to, development of regional impact approvals, site plan approvals, comprehensive land use plan approvals, plat approvals and recordation, public dedications, environmental approvals, zoning approvals, building permits and all other governmental approvals required in connection with the development of any Improvements at the Property (and the expiration of all appeal periods with respect thereto), modification or vacation of easements or both, and other matters pertaining to the Property. Governmental Authority. Any federal, state, county, municipal or other governmental department, entity, authority, commission board, bureau, court, agency, or any instrumentality of any of them now existing or hereafter created, having jurisdiction over the Property or any portion thereof. Governmental Requirement. Any law, enactment, statute, code, ordinance, rule, regulation, judgment, decree, writ, injunction, order, permit, certificate, license, authorization, agreement, or other direction or requirement of any Governmental Authority now existing or hereafter enacted, adopted, promulgated, entered, or issued. Contractor shall comply with all Governmental Requirements applicable to the operations and Property, including, without limitation, those prohibiting discrimination by reason of race, color, religion, sex, marital status, sexual orientation, gender identity, Page 183 of 303 2 national origin, or handicap in the development, construction, management, Agreement, use, occupancy of the operation and Property or any portion thereof. Work. The labor and materials required to complete the construction of the Improvements on the Property, and any related buildings or structures not located on the Property, in a good and workmanlike manner in accordance with the Plans and all applicable Governmental Requirements. 2. Scope of Services The Contractor agrees to provide construction services (“Services” or “Work”) associated with the City’s Invitation to Bid (ITB) No. 24-018 entitled, Mullikin Park Improvements”, which Bid is incorporated by this reference into this Agreement as Exhibit “A”, this reference to Exhibit A also includes all addendums. The FRDAP grant program is administered by the Florida Department of Environmental Protection (FDEP) and provides financial assistance for acquisition or development of land for public outdoor recreation. The grant provides for a range of improvements including the installation of pavilion shelters, a basketball court and various site enhancements. The contractor shall be responsible for furnishing all labor and materials to construct the facility in accordance with project plans and specifications. This project will be partially funded by State funds and bidders should consider the compliance requirements contained in the Grant Agreement, number A3018, which document is included in the Exhibit “B”, between the City of Dania Beach and the Florida Department of Environmental Protection. Bidders must carefully review and become familiar with the Grant Agreement conditions that govern this contract. All state and federal requirements contained within the grant agreement are applicable to the respondent. This Agreement encompasses the Contractor’s response; provided, however that if there is any conflict between the terms of the Agreement and the Contractor’s response to City, the Agreement is controlling. The Services are identified and described in the Contractor’s response as Exhibit “B” which exhibit is incorporated by reference into this Agreement. 3. Subcontracts. It is expressly agreed to by the parties that the City shall approve in advance in writing any Subcontractors and the fees to be paid them by Contractor, prior to any such Subcontractor proceeding with any such work. Contractors shall only designate employees who are sufficiently skilled to provide the required services specified in this Agreement. Any person employed to provide the services who fails, refuses or neglects to obey the instructions of the City's representative in anything relating to these services, or who appears to be disorderly, insubordinate, or incompetent shall upon the order of City's representative, be immediately relieved by the Contractor from the Project Work. Any interference with, or any abusive or threatening conduct toward any City representative, its assistants or inspectors by the Contractor, its employees or agents, or any member of the public shall be grounds for the City to terminate the agreement and re-let the work. The Contractor shall furnish all labor, materials, supplies and equipment necessary to properly maintain all Project Work areas in an acceptable and safe condition. It is expressly agreed to by the parties that the City shall approve in advance in writing any subcontractors and the fees to be paid them by Contractor, prior to any such subcontractor proceeding with any such work. 4.Contractor agrees that it and its officers shall be held fully responsible, except as Page 184 of 303 3 otherwise prohibited by law, for all acts of their employees while in their employ. 4.1 Code Related Inspections. The Contractor recognizes that the City of Dania Beach, Development Services Department, is a department within the City of Dania Beach, separate and apart from the City of Dania Beach’s Engineering Department, that is charged with the inspection of improvements to real property for code compliance. The Contractor agrees that it will not assert, as a City caused delay, or as a defense of any delay on the part of the Contractor, any good-faith action or series of actions on the part of the Development Services Department, including, but not limited to, the Development Services Department’s refusal to accept any portion of the Contractor's Work. If it is ultimately determined by the Architect and City that such delay was not the result of Contractor's failure to comply with the Agreement Documents, the Contractor may be entitled to make a claim for extension of Agreement Time only as its exclusive remedy, in accordance with the terms of the Agreement. 4.2 Commercial Activities. Contractor shall not establish any commercial activity or issue concessions or permits of any kind to third parties for establishing commercial activities on lands owned or controlled by City. Contractor shall not allow its employees to engage in any commercial activities on the site. 4.3 Cooperation With Others. City and other contractors may be working at the site during the performance of this Agreement. Contractor shall fully cooperate with the City, City's designated Representative, and other separate contractors to avoid any delay or hindrance of their work. City may require that certain facilities be used concurrently by Contractor and other parties, and Contractor shall comply with such requirements. The City shall provide for coordination of the activities of the City's own forces, and of each separate contractor, with the Work of the Contractor, who shall cooperate and participate with other separate contractors and the City in reviewing their construction schedules. 4.4 The below listed documents are to be used by the Contractor and City during the administration of this Agreement. Additional administrative forms may supplement this list upon written notice by the City (or City's Project representative). City reserves the right to modify these forms as it deems necessary. Contractor shall maintain logs for Items A-K and provide to City monthly. A.Request for Information B.Field Instruction C.Field Bulletin D.Construction Change Proposal E.Change Order F.Construction Change Directive G.Submittal Transmittal H.Deficiency Report I.Non-Conformance Report J.Contractor's Daily Report K.Substitution Report 4.5 Contractor shall provide and maintain all utilities in work areas to meet the requirements of the Agreement. Such utilities shall be furnished by the Contractor and shall include, but not be limited to, the following: Page 185 of 303 4 A.Public telephone service for the Contractor's use. B.Construction power as required at each point of construction. C.Water as required throughout the construction. 4.6 Prior to final acceptance of the Work, the Contractor shall, at its expense, satisfactorily remove and dispose of all temporary utilities developed to meet the requirements of the Agreement. The City will assume the utility costs directly related to its usage of areas in which the Work has been certified as Substantially Complete. 4.7 Coordination And Correlation Of Drawings And Specifications. The Contractor represents that the Contractor, its Subcontractors, material and equipment suppliers have carefully and diligently compared Phasing, Demolition, Landscaping, Architectural, Structural, Electrical, Underground, Civil and Site Drawings and Specifications, and have compared and reviewed all general and specific details on the Drawings. Contractor shall not be liable to the City for damages or costs resulting from errors, omissions, or inconsistencies in the Agreement Documents, or for differences between field conditions and the Agreement Documents, unless the Contractor recognized, or in the exercise of its due diligence, should have recognized the issue and knowingly failed to report it to the City. Contractor shall have the right to rely on the completeness and accuracy of information, Drawings, Specifications, and other Agreement Documents provided by the City or Design Consultants. 4.8 Agreement Interpretation. All claims of Contractor, and all questions the Contractor may have concerning interpretation or clarification of this Agreement or its acceptable fulfillment shall be submitted immediately, in writing, to City for resolution. City, or its representatives, will render its determination concerning such resolution within an appropriate period, not to exceed five (5) calendar days, unless additional time is needed due to the novelty or complexity of the interpretation or clarification requested, which determination shall be considered final and conclusive unless Contractor files a timely written protest pursuant, as a Dispute. The Contractor's written protest shall state clearly and in detail the basis thereof, and the relief it seeks, if any. City will consider Contractor's protest and render its decision thereon within five (5) calendar days If Contractor does not agree with the City's decision, the Contractor shall immediately deliver written notice to that effect to the City. If questions of interpretation are not responded to by the Architect or City within the time frame above, and in a manner so as not to impede the natural progress of the Work as scheduled, and such delay impacts the critical path of the Work, Contractor shall be entitled to adjustment in the performance time as its exclusive remedy. Contractor is solely responsible for requesting instructions or interpretations and is solely liable for any cost and/or expenses arising from its failure to do so. Contractor's failure to protest City's determinations, instructions, clarifications or decisions within five (5) calendar days after receipt thereof shall constitute a waiver by Contractor of all its rights to further protest, judicially or otherwise. 5. Date Of Commencement And Substantial Completion 5.1 The Date of Commencement is the date from which the Contract Time is measured, and shall be the date set forth in the NOTICE TO PROCEED as issued by the City. Should the Contractor incur costs prior to the issuance of the NOTICE TO PROCEED, any such costs shall Page 186 of 303 5 be incurred at the Contractor’s risk, and the City shall not reimburse the Contractor for any such costs under any circumstances. Notwithstanding the foregoing, City may reimburse Contractor for actual costs incurred relating to performance and payment bonds and insurance, with submittal of invoices, in the event that City terminates this Contract for convenience, as provided in the General Conditions. If Contractor fails to commence the Work within one (1) week of the date set forth in the NOTICE TO PROCEED, City may terminate the Contract immediately, without providing an opportunity to cure. 5.2 The Contractor shall achieve Substantial Completion not later than one hundred twenty (120) calendar days and Final Completion of the entire Work not later than one hundred fifty (150) calendar days, each commencing with the date set forth in the NOTICE TO PROCEED as issued by the City, subject to adjustments of this Contract Time as provided in the Contract Documents. 5.3 Term. The term of this Agreement shall be through and including March 31, 2025, or completion of the Services, whichever date is sooner. 6. Payment for Services. 6.1 City agrees to pay Contractor a not-to-exceed amount Six Hundred Fifteen Thousand Four Hundred Sixty-One Dollars ($615,461.00) based on the items and associated fees shown in the Contractor’s Bid Bond, which is attached as part of Exhibit “B” and incorporated into the Agreement by this reference. A Fifty Thousand Dollar ($50,000.00) Contingency Fund is also included in this Agreement. 6.2 No travel and meal costs will be reimbursable unless incurred outside of Miami-Dade, Broward and Palm Beach Counties, which costs shall be approved in writing in advance by the City. Any such costs are payable at the City reimbursement rate. 6.3. The Agreement Sum is based upon the cost agreed upon by the parties, for the satisfactory performance of the Work in accordance with the Agreement Documents. 6.4 The value of any construction Work covered by a Change Order or of any claim for an increase or decrease in the Agreement Sum shall be determined in one of the following ways at the City's option: (A) Where the Work involved is covered by unit prices contained in the Agreement Documents, by application of unit prices to the quantities of items involved without additional fees. (B) By mutual acceptance of a lump sum price. 6.5 Contractor may expend funds only for allowable costs resulting from obligations incurred during the specified Agreement period. 6.6 Any balance of unobligated funds which have been advanced or paid must be refunded to the City. Page 187 of 303 6 6.7 Any funds paid in excess of the amount to which the Contractor or sub-contractor is entitled under the terms of the Agreement must be refunded to the City. 6.8 Any additional information as required in Section 215.97, Florida Statutes. 6.9 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. 6.10 Contractor shall submit its invoices in the format and with supporting documentation as may be required by City. 7. Billing Procedure. 7.1 The preferred method for invoices is to send via email to ap@daniabeachfl.gov. A copy may also be mailed to City Hall. City of Dania Beach Finance Department Attn: Accounts Payable 100 West Dania Beach Boulevard Dania Beach, Florida 33004 with a copy to: City of Dania Beach Parks and Recreation Department Attn: Cassi Waren, Director 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 7.2 The City will pay to the Contractor for the faithful performance of the Agreement, in lawful money of the United States, and subject to adjustments as provided in the Agreement Documents, the amounts equal to the sum of the unit, lump sum price or both established for each separately identified work item, times the estimated quantity of that item, as indicated in the Schedule of Prices. 7.3 As provided in the Bid, the quantities entered in the Schedule of Prices for each item of work is an estimate only and the final Agreement amount and the total payment made to the Contractor will be based on the actual number of units of each work item incorporated in the Work of the Agreement. It is understood that the unit prices quoted or established for work items will be used for computing the amount to be paid to the Contractor, based on the quantities actually constructed as determined by the applicable measurement and payment portion of the Specifications. 7.4 Based upon Applications for Payment submitted to the City by the Contractor and Page 188 of 303 7 Certifications of Payment issued by the City, the City shall make progress payments on account of the Agreement Sum to the Contractor as provided below, elsewhere in the Agreement Documents and in accordance with Part VII of Chapter 218, Florida Statutes, as it may be amended from time to time, entitled the “Local Government Prompt Payment Act.” 7.5 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: (A) Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Agreement Documents. The Schedule of Values shall allocate the entire Agreement Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the City may require. This Schedule, unless objected to by the City, shall be used as a basis for reviewing the Contractor's Applications for Payment. (B) Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 7.6 Subject to the provisions of the Agreement Documents, the amount of each progress payment shall be computed as follows: (A) Payment for services performed may be made on a monthly basis upon approval of the Application for Payment by the designated official of the City. The Agreement may include phases of performance to be negotiated. There will be separate phases for design responsibilities and for construction responsibilities. Retainage will be withheld on all payments as authorized by state law until City acceptance of the Project and City has received evidence of satisfactory completion of the Agreement. (B) Ten percent (10%) of monies earned by the Contractor shall be retained by City until Final Completion and acceptance by City, except for the following items: General Conditions and self-performed work performed on a cost reimbursement basis, if any. After fifty percent (50%) of the Work has been completed, Contractor may request that the Agreement Administrator reduce the retainage to five (5%) percent of all monies previously earned and all monies earned thereafter, and City shall grant such request, provided that there are no pending claims by the City for delay or otherwise, and provided further that there are no pending third party claims against the City as a result of the Work, including claims for non-payment by Contractor’s lower-tiered subcontractors and suppliers (“Claims”). At any time thereafter, Agreement Administrator may increase retainage back to ten percent (10%) of all monies previously earned and all monies earned thereafter, if in the sole discretion of the Agreement Administrator, such increase is necessary to protect the City from any Claims, and such retainage may be deducted from any monies then due or that is to become due the Contractor. After ninety (90%) percent of the Work has been completed, and provided that there are no pending Claims, the Agreement Administrator may reduce the retainage to two and one-half (2-1/2%) percent of all monies previously earned and all monies earned thereafter. Subsequent to Final Completion and prior to Final Payment, Agreement Administrator may reduce retainage to a nominal amount at the sole Page 189 of 303 8 discretion of the Agreement Administrator. Any reduction in retainage shall be in the sole discretion of the Agreement Administrator, and Contractor shall have no entitlement to a reduction. City shall hold retainage in the amount of two and one-half percent (2-1/2%) or such reduced amount as applicable, until the expiration of any applicable warranty period(s) to ensure completion of Contractor’s warranty obligations and maintenance of all required insurance coverages during the warranty period(s). Any interest earned on retainage shall accrue solely to the benefit of City. (C) City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: (1) Defective Contractor or Subcontractor Work not remedied. (2) Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor. (3) Failure of Contractor to make payments properly to subcontractors or for material or labor. (4) Damage to another subcontractor not remedied. (5) Failure of Contractor to provide any and all documents required by the Agreement Documents. 7.7 Application for Payment after the first Application shall be accompanied by a Certification of Payment form, provided by the City, from the Contractor and each Supplier and Subcontractor, in amounts equal to those stated in the PRIOR Application for the Contractor and each Subcontractor and each Subcontractor, Material/Labor Supplier so due payment. The Application for Payment for Retainage shall be accompanied by a final Certification of Payment and Release of Claim form from the Contractor, each Supplier and Subcontractor in amounts equal to those stated in the Schedule of Values. 8. Final Payment. Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be made by the City to the Contractor when: (A) the Agreement has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work, if any, which obligation survives final payment and continues thereafter; (B) a final Certification of Payment has been issued by the City; such final payment shall be made by the City not more than thirty (30) days after the issuance of the Contractor's final Certification of Payment; (C) final Certification of Payment has been furnished from the Contractor, Suppliers and Subcontractors; and (D) a Consent of Surety, if any, for final payment. Page 190 of 303 9 9. Payment and Performance Bond. The Contractor agrees that before commencing any work or construction the Contractor shall maintain, at all times, a valid payment and performance bond, consistent with the requirements contained in the ITB, attached as Exhibit A. The executed Bonds shall be attached to this Agreement as Exhibit C. 10. Protection Of Property. The Contractor shall at all times guard against damage or loss to City property or property of other persons, vendors or Contractors and shall be responsible for replacing or repairing any such damage or loss. The Contractor will be required to report any such damages immediately to the City’s representative in charge of the Project. The City reserves the right to repair any damages created by the Contractor and to deduct the appropriate amount from any payment due to the Contractor. In all cases, the decision of the City is final. 11. Florida Trench Safety Act. The Contractor shall include with its Bid, when applicable, all documentation required by the Florida "Trench Safety Act", Section 553.63, Florida Statutes. The unit prices and total prices presented in the Bid, and those presented in any subsequent change orders shall include the Contractor's cost for compliance with the applicable trench safety standards. 12. Trash. Contractor shall be responsible for the daily removal of trash and debris from the Project work sites and upon completion of the Project Work. 13. Public Bid Disclosure Act. In accordance with the Public Bid Disclosure Act, Section 218.80, Florida Statutes, each license, permit, or fee a Contractor will have to pay the City before or during the work, items or services to be provided or the percentage method or unit method of all licenses, permits, and fees required by the City and payable to the City by virtue of the work, items, or services as part of the agreement are as follows: (A)Contractor shall have and maintain during the term of the agreement any and all appropriate City licenses, fees (and business tax receipts, if applicable), which shall be paid in full in accordance with the City's fee structure for such items. THERE WILL NOT BE ANY PERCENTAGE REDUCTION OR WAIVING OF CITY LICENSES, FEES (OR BUSINESS TAX RECEIPTS, IF APPLICABLE). (B)During the performance of the agreement, there may be times when the Contractor will be required to obtain a permit for such work, or in connection with the items or services. It is the responsibility of the Contractor to ensure that it has the appropriate permits as may become necessary during the performance of the work. Any fees related to the required permits in connection with the agreement will be the sole responsibility of the Contractor. Page 191 of 303 10 (C)Licenses, permits, and fees may be required by Broward County, the state of Florida or the federal government. (D)City will reimburse permit fee costs related to dewatering and National Pollutant Discharge Elimination System (NPDES). 14. Safety. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project Work. The Contractor shall comply with the rules and regulations of the Florida Department of Commerce regarding industrial safety (Florida Statutes, Section 440.56) and with the standards set forth in the federal Occupational Safety and Health Act of 1970 (OSHA), and its amendments. Contractor, by submitting a bid, certifies that all materials and equipment to be supplied for the Project will meet all federal and state requirements, including but not limited to, the Occupational Safety and Health Act (OSHA). 15. Warranty. The Contractor shall warrant to the City that materials and equipment furnished under the agreement will be of good quality and new unless otherwise required or permitted by the Agreement Documents; that the Work will be free from defects, and that the Work will conform to the terms and conditions of the agreement. Work not conforming to those terms and conditions, including substitutions not properly approved and authorized may be considered defective. The Contractor's warranty may exclude damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient City maintenance, improper operation, or normal wear and tear under normal usage. The Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. All manufacturers’ product warranties shall be registered in the City’s name and for its sole benefit. 16. Construction Quality. Contractor agrees to perform all work (“Work”) required to complete the construction of the Improvements on the Property in a good and workmanlike manner. 16.1 Standards of Construction. Any and all construction of Improvements shall be performed in such a manner as to provide that the Improvements shall: (i) Be structurally sound and safe for its intended use, and free from any unusual hazards; (ii) Be designed for use for only those purposes permitted under Section 13 hereof; (iii) Be fire resistant to the extent required by the provisions of the local applicable building codes and shall not be used for the manufacture or storage of flammable, explosive or hazardous materials in violation of applicable law; (iv) Substantially comply with the Approved Conceptual Plans; (v) Comply with the terms and provisions of this Agreement; and (vi) Comply with all applicable laws, ordinances, rules, regulations and procedures of all applicable Governmental Authorities. The City may refuse to grant approval if the proposed facilities as shown on such plans and specifications will fail to meet the criteria set forth above. 16.2 Comply with Applicable Law. All Improvements constructed or installed by the Contractor, its agents, or contractors, shall conform to all applicable state, federal, county, and Page 192 of 303 11 local statutes, ordinances, building codes, fire codes, and rules and regulations, as amended. 16.3 Consultation. If requested by the City, the Contractor and its architect, engineer and contractor shall meet with the City in periodically scheduled meetings to assess the current status of completion. 16.4 Contractor’s Obligations During Construction. Prior to the Completion Date, Contractor shall: (A) Provide all architectural and engineering services, scaffolding, hoists, temporary structures, light, heat, power, toilets, temporary utility connections, equipment, tools and materials and other requirements for the performance of the Work; (B) Maintain the Property in a clean and orderly condition, at all times, taking into consideration the public beachfront nature of the Project, and remove all paper, cartons and other debris from the Property; (C) Preserve all properties adjacent to or leading to the Property, and restore and repair any such properties damaged as a result of construction of the Work, whether such properties are publicly or privately owned; (D) Implement and maintain at all times a comprehensive hurricane and flood plan for the Property and the Work, and provide a copy of same to the City, if requested; (E) Provide construction fencing. (F) As Builts. Within one hundred twenty (120) days after the date a CO is issued for Improvements constructed by Contractor during the term of this Agreement, the Contractor shall at its expense, provide the City with a complete set of "as built" plans and specifications, including mylar reproducible "record" drawings, and, if available, one set of machine readable disks (or comparable) containing electronic data in an AUTOCAD format that meets the City's graphic standards of the "as- constructed" or "record" plans for such Improvements. The "as built" plans submitted by Contractor must show the square footage of each Improvement depicted in such plans. (G) Use diligent effort to complete the Work in a commercially reasonable time under the circumstances and in accordance with this Agreement. At all times make diligent effort to have proper supervision of the general contractor or other employees or agents of the Contractor upon the Property site. (H) Contractor Progress Reports. At the request of City, Contractor will deliver written reports of the progress of construction to the City Manager or his or her designee. (I) City’s Representative. The City may designate one or more employees or agents to be the City’s Representative for the Project so that he or she may, subject to site conditions and during normal business hours, visit and the Property. (J) Certificates of Final Completion. After Contractor completes the Work and obtains a Certificate of Occupancy for the Improvements, the City will deliver to Contractor, a recordable Certificate of Final Completion certifying that, to the best of the City’s knowledge, Contractor has satisfied all its obligations to the City, in its capacity as Landlord under this Agreement, for the construction of the specified Improvements. Page 193 of 303 12 16.5Site Conditions Contractor has the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, staging, parking, disposal, handling and storage of materials; availability, quantity and quality of labor, water and electric power; availability and condition of roads; climatic conditions, location of underground utilities as depicted on Agreement documents, and through verification with local utility companies and the City, physical conditions of existing construction, topography and ground surface conditions; subsurface geology, and nature and quantity of surface and subsurface materials to be encountered; the nature of the ground water conditions; equipment and facilities needed preliminary to and during performance of the Agreement; and all other matters which would be reasonably known to a licensed general contractor with expertise in streetscape and related infrastructure construction as in any way affecting performance of the Agreement, or the cost associated with such performance. The failure of Contractor to acquaint itself with any applicable condition will not relieve it from the responsibility for properly estimating either the difficulties or the costs of successfully and timely performing the Agreement. 16.6 The City shall not be responsible for any conclusions or interpretations made by the Contractor based on the information made available by the City. The City shall not be responsible for any understanding reached or representation made concerning conditions which can affect the Work by any of Contractor's officers, employees, agents, subcontractors, material men, or suppliers before execution of this Agreement, unless that understanding or representation is expressly stated in this Agreement. 16.7 The provisions of this Section 16 shall be deemed a complete waiver by the Contractor of claims for equitable adjustment in Agreement Time or Price, or both, unless due to (1) subsurface or concealed conditions which differ materially from those indicated on the Agreement Documents, or (2) unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction of the character provided in the Agreement Documents; provided however, that claims under this Section 16 shall be denied in the event that the conditions were reasonably inferable from activities, testing and investigations performed in connection with the Pre-Con Agreement, and which would otherwise provide to Contractor an expectation that the conditions could be similar elsewhere in the Project. 16.8 Warranty. Unless otherwise provided elsewhere in the Agreement, all materials and equipment incorporated into any Work covered by the Agreement shall be new and, where not specified, of the highest grade and quality for their intended use, and all workmanship shall be in accordance with construction practices acceptable to City. Unless otherwise provided in the Agreement, Contractor warrants all equipment, materials, and labor furnished or performed under this Agreement, against defects in design, materials and workmanship, for a period of twelve (12) months (unless longer guarantees or warranties are provided for elsewhere in the Agreement in which case the longer periods of time shall prevail) from and after Substantial Page 194 of 303 13 Completion of the Work under the Agreement, regardless of whether the same were furnished or performed by Contractor or by any of its subcontractors of any tier. Even in the event that the City assumes partial utilization of portions of the Work prior to completion of all Work, the Warranties for that portion shall also extend for twelve (12) months from Substantial Completion of the entire Work, so that all warranties are running concurrently upon Substantial Completion of the total Project. 16.9 Upon receipt of written notice from City of any defect in any such equipment, materials, or labor during the applicable warranty period due to defective design, materials or workmanship, the affected item or parts thereof shall be redesigned, repaired or replaced by Contractor at a time and in a manner acceptable to City in compliance with the Agreement Documents, at its expense. 16.10 Contractor warrants such redesigned, repaired or replaced Work against defective design, materials and workmanship for a period of twelve (12) months from and after the date of acceptance thereof. Should Contractor fail to promptly make the necessary redesign, repair, replacement and tests, after written notice from City specifying the defects, City may perform or cause to be performed the same, at Contractor's sole cost and expense. 16.11 Contractor shall perform such tests as City may require to verify that such redesign, repairs and replacements comply with the requirements of this Agreement. All costs incidental to such redesign, repair, replacement, and testing, including the removal, replacement, and reinstallation of equipment and materials necessary to gain access, shall be borne exclusively by Contractor. However, if such testing determines that the Work is not defective, than City shall compensate Contractor for such costs of testing and any effects on previously completed work. 16.12 Contractor and its Surety shall be liable for the satisfaction and full performance of the warranties as set forth herein, and any damage to other parts of the Work caused by the Contractor's failure to perform pursuant to this section 16. 16.13 The Contractor shall commence Work to remedy or replace the defective, deficient Work within five (5) calendar days after receiving written (including transmittals by email) notice from the City, subject to allowance for long-lead items. If the Contractor fails to remedy or remove or replace that Work or material which has been found to be defective, or reasonably commence corrective action, then the City may remedy or replace the defective or deficient Work at the Contractor's expense; provided, however, all repairs to natural gas, telephone, radio, computer security, water, electric, air conditioning services and all emergency services shall be commenced within twelve (12) hours of notification, or by 7:00 a.m. whichever is earlier, and Contractor shall complete the repairs in an expeditious manner befitting the nature of the deficiency. The Contractor shall immediately pay the expenses incurred by the City for remedying the defects. If the City is not paid within ten (10) calendar days, the City may pursue any and all legal remedies it may have against the Contractor and its Surety. 16.14 The Contractor is required to provide a designated telephone number for warranty related emergencies which occur outside the normal workday. The Contractor is solely responsible for ensuring that all warranty Work is completed in the manner described above. If the City agrees, in writing, a subcontractor may be the point of contact for notices regarding warranty items, but such agreement shall not absolve the Contractor of its responsibility. Page 195 of 303 14 16.15 Ingress/Egress. Contractor's access to the Work area will be permitted only through approaches that will be designated by City, and then only in such manner that Contractor's traffic will not interfere with City's operations and Merchants/Tenants adjacent to the activity area(s). Contractor shall, at all times, maintain reasonably free unimpeded ingress and egress at the site. Contractor personnel are not to enter into any areas of the jobsite other than Work areas and areas of designated access. Contractor shall safely maintain, at all times during the performance of the Work, both vehicular and pedestrian traffic in, around, and adjacent to the Project. 16.16 Preconstruction Conference. As soon as practicable after execution of this Agreement, and prior to commencing any Work, a pre-construction conference will be coordinated by the Contractor and the City. In attendance at said conference will be City, Architect, and any of their representatives as may be deemed advisable. The purpose of said conference is to determine procedures related to the smooth progress of the Project, review of any items requiring clarification, maintenance of traffic, merchant and pedestrian accessibility, related safety issues, and procedures for the processing and distribution of all documents and correspondence related to the Agreement, among other things. 16.17 Meetings. The Contractor shall, at its expense, as requested by City, attend any and all meetings called by City to discuss the Work under the Agreement. Such meetings shall be conducted and recorded by the City with typed minutes of each meeting distributed to all attendees. 16.18 Delivery, Unloading And Storage Contractor shall, at its expense, receive, unload, store in a secure place, and deliver from storage to the construction site all materials, plant and equipment required for the performance of the Agreement. The storage facilities, methods of storing and security provisions shall meet City's approval and manufacturer's recommendations. Materials and equipment subject to degradation by outside exposure shall be stored in a weather tight enclosure. 16.19 Work Area. All Contractor's Work areas on the jobsite will be assigned by City. Contractor shall confine its office, shops, storage, assembly and equipment and vehicle parking to the areas so assigned. Before commencing Work, the Contractor shall provide a temporary office on the site of the Work, which shall have a telephone where a representative of the Contractor may be reached at all times during normal working hours. Should Contractor find it necessary or advantageous to use any additional land outside the Project site for any purpose whatever, Contractor shall, provide and make its own arrangements for the use of such additional land. 16.20 Plant, Equipment And Facilities. Contractor shall provide and use on any Work only such construction plant and equipment as are capable of producing the quality and quantity of work and materials required by the Agreement and within the time or times specified in the Agreement. Before proceeding with any Agreement Work or with erection of any facilities, including, but not limited to, temporary structures, machinery, equipment, offices and warehouses, Contractor shall furnish City such information and drawings relative to such equipment, plant facilities as City may request. 16.21 Upon written order of City, Contractor shall discontinue operation of unsatisfactory plant and equipment or facilities and shall either modify or remove the unsatisfactory items from the site. Page 196 of 303 15 16.22 Contractor shall not remove construction plant or equipment from the site before the Work is finally accepted without City's written approval. Such approval shall not be unreasonably withheld. 16.23 Contractor-Furnished Materials, Equipment And Workmanship. Only new, unused items of recent manufacture, of designated quality, but in no event less than the standard quality for the improvements, free from defects, will be accepted. Rejected items shall be removed immediately from the Work and replaced with items of specified quality. Failure by City to order removal of rejected materials and equipment shall not relieve Contractor from responsibility for quality of the materials supplied nor from any other obligation under the Agreement Documents. 16.24 Contractor shall continuously check architectural and structural clearances for accessibility of equipment and mechanical and electrical systems. No allowance of any kind will be made for Contractor's negligence to foresee means of installing equipment into position inside structures. 16.25 No Work defective in construction or quality, or deficient in meeting any requirement of the Agreement Drawings and Specifications, will be acceptable regardless of City's failure to discover or to point out defects or deficiencies during construction; nor will the presence of field representatives at the Work or the satisfaction of the Work meeting applicable code requirements relieve Contractor from responsibility for the quality and securing progress of Work as required by the Agreement Documents. The City shall notify the Contractor of defective or unacceptable Work if the City discovers such. Defective Work revealed within the time required by warranties (whether expressed or implied) shall be remedied in accordance with Section 15, entitled, “Warranty.” No payment, whether partial or final, shall be construed as an acceptance of defective Work or improper materials. 16.26 Contractor shall waive "common practice" and "common usage" as construction criteria wherever details and specifications or governing codes and ordinances require greater quantity or better quality than common practices and common usage would require. Contractor shall order and schedule delivery of materials in reasonable time to avoid delays in construction. Delays in delivery of equipment or material purchased by the Contractor or its Trade Contractors shall not be considered as a cause for an adjustment of the Agreement Time or a basis for damages or compensation. The Contractor shall be fully responsible for the timely ordering, scheduling, expediting, delivery, and installation of all equipment and materials. If an item is found to be unavailable, Contractor shall notify City immediately of recommended substitute(s) to permit City's selection of a suitable substitute. 16.27 City will exercise sole authority for determining conformance of workmanship, materials, equipment and systems with the requirements of the Agreement. Review and approval of all items proposed by Contractor for incorporation into the Work will be by City. This function by City will apply both to approvals for the Agreement as initially signed, and to Page 197 of 303 16 approvals for changes to Agreement by modifications during progress of the Work. Reference to manufacturers' names, brands and models is to establish the type and quality desired. Substitutions may be permitted unless specifically noted otherwise in this Agreement. 16.28 When materials, equipment, or systems are specified by performance only, without reference to specific manufacturer's brands or models, Contractor shall submit its own choice for City's review and approval, supported by sufficient evidence of conformity with the Agreement Documents. 16.29 Substitutions. Prior to proposing any substitute item, Contractor shall satisfy itself that the item proposed is, in fact, equal or better to that specified, that such item will fit into the space allocated, that such item affords comparable ease of operation, maintenance and service, that the appearance, longevity and suitability for the climate are comparable, and that by reason of cost savings, reduced construction time, or similar demonstrable benefit, the substitution of such item will be in City's interest, and will in no way impact detrimentally upon the Project completion date and schedule. The burden of proof of equality of a proposed substitution for a specified item shall be upon Contractor prior to City's decision on such substitution. Contractor shall support its request with sufficient test data and other means to permit City to make a fair and equitable decision on the merits of the proposal. Contractor shall submit drawings, samples, data, certificates, and additional information as may be required by the City for proposed substitute items. Any item by a manufacturer other than those specified or of brand name or model number or of generic species other than those specified will be considered a substitution. City will be the sole judge of whether or not the substitution is equal in quality, utility and economy to that specified. Contractor shall allow an additional seven (7) calendar days for City's review of substitution. All requests for substitutions with submittal data must be made at least fourteen (14) calendar days prior to the time Contractor must order, purchase, or release for manufacture or fabrication. Materials and methods proposed as substitutions for specified items shall be supported by certification of their approval for use by all governmental agencies having jurisdiction over use of specific material or method. Substitutions may not be permitted in those instances where the products are designed to match artistic design, specific function or economy of maintenance. 16.30 Expediting The equipment and material furnished under this Agreement may be subject to expediting by City, at City's expense. City shall be allowed reasonable access to the shops, factories, and other places of business of the Contractor and its subcontractors and suppliers, for expediting purposes. As required by City, Contractor shall supply schedules and progress reports for City's use in expediting and Contractor shall cooperate with City and require its subcontractors and suppliers to cooperate with City in such expediting. Any expediting performed by City shall not relieve Contractor of its sole and primary responsibility for timeliness of delivery of the equipment and material to be furnished under this Agreement. 16.31 Field Layout Of Work All Work under this Agreement shall be constructed in accordance with the lines and grades shown on the Agreement Drawings or as approved by the City in writing. Elevation of existing ground, structures and appurtenances are believed to be Page 198 of 303 17 reasonably correct but are not guaranteed to be absolute and therefore are presented only as an approximation. All survey work for construction control purposes shall be made by a land surveyor registered in the State of Florida, with demonstrated experience in the Project area, and who shall be employed by the Contractor at Contractor's expense. The Contractor shall establish all base lines for the location of the principal component parts of the Work together with permanent benchmarks and temporary benchmarks adjacent to the Work. Based upon the information provided by the Agreement Drawings, the Contractor's surveyor shall develop and make all detail surveys necessary for construction including establishment or construction of grid coordinates as shown on the Agreement Drawings, location of property boundaries, stakes for all working points, lines and elevations. City shall provide surveys necessary for utility easements. The Contractor shall have the responsibility to carefully preserve all benchmarks, reference points and stakes. In case of destruction thereof by the Contractor resulting from his negligence, or for any other reason, it shall be held liable for any expense and damage resulting therefrom and shall be responsible for any mistakes that may be caused by the unnecessary loss or disturbance of such benchmarks, reference points and stakes. Existing or new control points, property markers, and monuments that will be established or are destroyed during the normal course of construction shall be reestablished by the Contractor, and all reference ties recorded therefor shall be furnished to the City. All computations necessary to establish the exact position of the Work shall be made and preserved by the Contractor. 16.32 Contractor Furnished Drawings, Data And Samples. Review and permission to proceed by City as stated in this Agreement does not constitute acceptance or approval of design details, calculations, analyses, test methods, certificates or materials developed or selected by the Contractor and does not relieve Contractor from full compliance with contractual obligations. Drawings, samples, catalogues, data and certificates required shall be submitted to the City for review. All correspondence from the Contractor to the City shall be numbered sequentially and the submittal number shall be referenced. Submittal drawings (shop, erection or setting diagrams) and schedules, required for work of various trades, shall be checked before submission by technically qualified employees of Contractor for accuracy, completeness and compliance with Agreement requirements. These drawings and schedules shall be stamped and signed by Contractor certifying to such check. The certification stamp shall read as follows: "I certify that I have checked this submittal for accuracy, completeness and compliance with Agreement requirements, and it has been coordinated with all other submittals and Agreement Documents." SIGN DATE 16.33 Drawings. Where drawings are required for (a) fabrication of Contractor furnished equipment; (b) installing Contractor furnished material or equipment; or (c) planning and Page 199 of 303 18 performance of the Work under Agreement; such drawings shall be originally generated and submitted by and at the expense of the Contractor before fabrication, installation or performance is commenced. Each submittal shall be made not less than fourteen (14) calendar days prior to the time that the drawings are required in accordance with the schedule. Allow at least seven (7) calendar days for review by the Engineer. Such drawings shall include, but not be limited to, matchmarks, erection diagrams and other details, such as field connections for proper installation, erection of the equipment, and performance of the Work. 16.34 Samples. Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Samples of all items of related systems (i.e., adjacent surfaces requiring similar colors but manufactured of different materials) must be submitted in the same time frame before the approval process can begin. Where samples are required, they shall be submitted by and at the expense of the Contractor. Such submittal shall be made not less than thirty five (35) calendar days prior to the time that the materials represented by such samples need to be ordered for incorporation into any Work in accordance with the schedule. Allow at least seven (7) calendar days for City's review. Materials represented by such samples shall not be manufactured, delivered to the site or incorporated into any Work without such review. Each sample shall bear a label showing the Contractor's name, date submitted, Project name, name of the item, manufacturer's name, brand name, model number, supplier's name, and reference to the appropriate drawing, Technical Specification section and paragraph number, all as applicable. Samples that have been reviewed may, at Architect's and City's option, be returned to the Contractor for incorporation into the Work. 16.35 Catalogues, Data and Certificates. Where catalogues, data or certificates are required, one (1) digital copy and one (1) copy of each shall be submitted by and at the expense of the Contractor. Such submittal shall be made not less than fourteen (14) calendar days prior to the time that the materials represented by such catalogues, data or certificates must be ordered for incorporation into any Work in accordance with the BAR CHART schedule. Allow at least 7 calendar days for Architect and City's review. Material represented by such shall not be fabricated, delivered to the site or incorporated into any Work without such review. Certificates shall clearly identify the material being certified and shall include but not be limited to providing the following information: Contractor's name, Project name, name of the item, manufacturer's name, and reference to the appropriate drawing, Technical Specification section and paragraph number all as applicable. All catalogues, data and certificates submitted by the Contractor shall be certified and dated by the Contractor on the face of each catalogue, data and certificate to be correct and shall be furnished in accordance with these requirements and the requirements of the Technical Specifications. 16.36 Construction Schedule. Within ten (10) calendar days after the date of the City's issuance of a Notice to Proceed, the Contractor shall prepare and submit to the City a BAR CHART construction schedule in graphically depicting the activities contemplated to occur as a necessary incident to performance of the Work required to complete the Project, showing the sequence in which the Contractor proposes for each such activity to occur and duration (dates of commencement and completion, respectively) of each such activity. The City's initial approval for the purposes of this Section, and any other provisions in the Agreement Documents related Page 200 of 303 19 to the Contractor's responsibility to prepare and submit schedules shall be limited to a determination that the activities, durations and logic are reasonable. The construction schedule shall be complete in all respects, covering, in addition to activities and interfaces with other Contractors at the site of the Work, offsite activities such as design, fabrication, an allowance for weather delays, submittals, procurement and jobsite delivery of Contractor furnished material and equipment. The schedule shall be a BAR CHART Critical Path type network drawn to a time scale using arrow or precedence type diagramming. The construction schedule activities shall mirror the payment application breakdown. 16.36.1 The construction schedule shall include the following: (a) Brief description of each activity. (b) All submittals, samples, approvals, fabrication, and deliveries for equipment and materials. (c) Activities showing scheduled start and finish, late start and finish, and float. (d) Relations between activities. (e) Duration of activities. No activity should be scheduled for more than 19 workdays. (f) Contractual and other major milestones including phasing. (g) Schedule activities to include labor and material. (h) An allowance for delays due to weather. Agreement Time extensions for weather delays will be granted only when all of the conditions and criteria for evaluation of time extensions have been met pursuant to the General Conditions. (i) Upon acceptance of the original Schedule, the Early Start and Early Finish dates for all activities shall be fixed as Planned Start and Planned Finish dates. Any further revisions to the schedule must be submitted in writing and approved by the City. (j) The detailed BAR CHART schedule submittal shall include one (1) digital color copy and one (1) color copy of the following: (k) Time Scaled Network Diagram. (l) Bar Chart in the following formats: (m)Sorted by activity. (n) Sorted by total float. (o) Sorted by early start. (p) Precedence and Successor report. (q) Narrative report. (r) Computer diskette. (One copy) (s) Submittals shall be organized under Standard CSI format. (t) The detailed BAR CHART Schedule shall be updated monthly and submitted along with an updated CD accompanied by an Application for Payment. Contractor shall meet with the City and Architect/Engineer of Record to review and verify: i. Actual start and finish dates for completed activities. ii. Remaining duration required to complete each activity started, scheduled to start, but not completed. iii. Logic and time, for change orders that are to be incorporated into the diagram and computer produced schedules. Page 201 of 303 20 iv. Percentage for completed and partially completed activities. 16.37 Following development and submittal of the construction schedule as aforesaid, the Contractor shall, at the end of each calendar month occurring thereafter during the period of time required to finally complete the Project, or at such earlier intervals as circumstances may require, update and/or revise the construction schedule to show the actual progress of the Work performed and the occurrence of all events which have affected the progress of performance of the Work already performed or will affect the progress of the performance of the Work yet to be performed in contrast with the planned progress of performance of such Work, as depicted on the original construction schedule and all updates and/or revisions thereto as reflected in the updated and/or revised construction schedule last submitted prior to submittal of each such monthly update and revision. 16.38 The Contractor shall prepare and incorporate into the schedule data base, at the required intervals, the following schedules: A.Subcontractor Construction (Sub-networks) - Upon the award of each subcontract, the Contractor shall jointly with the subcontractor, develop a schedule which is more detailed than the pre-bid schedule included in the Specifications, taking into account the Work schedule of the other subcontractors. The construction schedule shall include as many activities as necessary to make the schedule an effective tool for construction planning and for monitoring the performance of the subcontractor. The construction schedule shall also show pertinent activities for material purchase orders, manpower supply, shop drawing schedules and material delivery schedules. B.Occupancy Schedule - The Contractor shall jointly develop with the Engineer and City a detailed plan, inclusive of punch lists, final inspections, maintenance training and turn-over procedures, to be used for ensuring accomplishment of a smooth and phased transition from construction to City occupancy. The Occupancy Schedule shall be produced and updated monthly from its inception through final City occupancy. 16.39 The Contractor shall submit a written narrative report as a part of his monthly review and update in a form agreed upon by the Contractor and the City. The narrative report shall include a description of problem areas; current and anticipated delaying factors and their estimated impact on performance of other activities and completion dates; and an explanation of corrective action taken or proposed. 16.40 The Contractor shall have in its employ for the length of this Project, at least one qualified scheduling specialist whose responsibility as to this Agreement will be to prepare, plan and draft the construction schedules, monitor the construction progress, analyze scheduling problems for resolution, update the Construction Schedule as required in the Agreement, and maintain updated information as required regarding the interface with other contracts. The costs associated herewith, and all scheduling activities, are included in the Lump Sum. Page 202 of 303 21 16.41 The Contractor agrees that whenever it becomes apparent from the current progress review meeting or the computer produced calendar dated schedule that the Agreement completion date will not be met, the Contractor shall execute some or all of the following remedial actions at Contractor's sole cost and expense: A.Increase construction manpower in such quantities and crafts as necessary to eliminate the backlog of Work. B.Increase the number of working hours per shift, shifts per working day, working days per week, the amount of construction equipment, or any combination of the foregoing to eliminate the backlog of Work. C.Reschedule the Work in conformance with the specification requirements. 16.42 Prior to proceeding with any of the above actions, the Contractor shall notify the City of the proposed schedule changes. Such actions shall be incorporated by the Contractor into the diagram before the next update, at no additional cost. 16.43 Responsibility For Work Security Contractor shall, at its expense, at all times conduct all operations under the Agreement in a manner to avoid the risk of loss, theft or damage by vandalism, sabotage or other means to any property. Contractor shall promptly take all reasonable precautions which are necessary and adequate against any conditions which involve a risk of loss, theft or damage to its property, at a minimum. Contractor shall continuously inspect all its Work, materials, equipment and facilities to discover and determine any such conditions and shall be solely responsible for discovery, determination and correction of any such condition. Contractor shall prepare and maintain accurate reports of incidents of loss, theft or vandalism and shall furnish these reports to City within three days of each incident. 16.44 Protection Of Work In Progress, Materials And Equipment Contractor shall be responsible for and shall bear any and all risk of loss or damage to Work in progress, all materials delivered to the site, and all materials and equipment involved in the Work until completion and final acceptance of Work under this Agreement. Excluded from Contractor's responsibility is any loss or damage which results from acts or omissions of the City or its representatives or other contractors. Permanent openings or thoroughfares for the introduction of work and materials to the structure and construction site shall be protected so that upon completion, the entire Work will be delivered to the City in proper, whole and unblemished condition. 16.45 Protection Of Existing Property Contractor shall so conduct its operations as not to damage, close, or obstruct any utility installation, highway, road or other property until permits therefore have been obtained. If facilities are closed, obstructed, damaged or rendered unsafe by Contractor's operations, Contractor shall, at its expense, make such repairs and provide Page 203 of 303 22 temporary guards, lights and other signals as necessary or required for safety and the welfare of persons on the jobsite and the general public. Contractor shall conduct its operation so as not to damage any existing buildings or structures. The Contractor shall verify that means and methods of construction used inside, adjacent to, under or over existing buildings will not cause damage. The Contractor shall provide protection methods which ensure the safety of persons on the jobsite and the general public. Unless otherwise specifically provided in the Agreement, Contractor shall not do any Work that would disrupt or otherwise interfere with the operation of any pipeline, telephone, electric, radio, gas, transmission line, ditch or other structure, nor enter upon lands in their natural state until approved by City. Thereafter, and before it begins such Work, Contractor shall give due notice to City of its intention to start such Work. Contractor shall not be entitled to any extension of time or any extra compensation on account of any postponement, interference, or delay cause by any such line, ditch or structure on or adjacent to the site of the Work. If Contractor has exercised due diligence, such as, but not limited to, conducting soft digs, securing utility locates, as well as other activities both during its Pre-Con performance and thereafter, Contractor shall not be held responsible for any damages caused to any lines, cables, pipes, or pipelines which are not depicted on the surveys, studies, reports, investigations and legal descriptions of the site supplied to the Contractor. Contractor shall preserve and protect all cultivated and planted areas and vegetation such as trees, plants, shrubs and grass on or adjacent to the Project, which, as determined by City, do not reasonably interfere with the performance of this Agreement. Contractor shall be responsible for damage to any such areas and vegetation and for unauthorized cutting of trees and vegetation, including, without limitation, damage arising from the performance of its work through operation of equipment or stockpiling of materials. All cost in connection with any repairs or restoration necessary or required by reason of any such damage or unauthorized cutting shall be borne by Contractor. 16.46 Labor. Contractor shall employ only competent and skilled personnel to perform the Work. Contractor shall, if requested to do so by City, remove from the jobsite any personnel of Contractor whom City determines unfit or acting or working in violation of any provision of this Agreement. Work assignments and the settlement of jurisdictional disputes shall conform with either the Rules, Regulations and Procedures of the Plan for Settlement of Jurisdictional Disputes in the Construction Industry, and any successor agreement thereto, or any other mutually established method of determining work assignments and settling jurisdictional disputes. Contractor shall comply with and shall cooperate with City in enforcing jobsite conditions and job work rules which directly affect the performance of the Work including, but not limited to, starting and quitting time, smoking regulations, check-in and check- out procedures, job site safety regulations and security regulations, emergency plans and procedures, and daily clean-up. The Contractor and subcontractors shall be bound by and comply with all Federal, State and local laws with regard to minimum wages, overtime work, hiring, and discrimination. All work necessary to be performed after regular working hours, on Saturdays, legal and City holidays, shall be performed without additional expense to the City. The Contractor shall comply with the Page 204 of 303 23 Copeland Anti-Kick Back Act (19 U.S.C. 874) as supplemented in the Department of Labor Regulations (29 CFR Part 3). This act provides that each Contractor or subcontractor shall be prohibited from inducing by any means, any person employed in the construction, completion or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 16.47 Equal Employment Opportunity During the performance of this Agreement, the Contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, or national origin. The Contractor will take affirmative action to ensure that applicants and employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth provisions of this nondiscrimination clause. (b) The Contractor will, in all solicitations or advertisements for employees placed for, by, or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, or national origin. (c) The Contractor will send to each labor union or representatives of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City, advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the City and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of such rules, regulations, or orders, this Agreement may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Page 205 of 303 24 (g) The Contractor will include the provisions of paragraphs A through F in every subcontract or purchase unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontractor or purchase order as may be directed to the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. (h) All regulations, guidelines, and standards lawfully adopted under the governing statutes. 16.48Safety & Protection Of Persons & Property 16.48.1 Responsibility For Safety And Health. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work to be performed under the terms of the Agreement ("Work"). The Contractor shall take all precautions and follow all procedures for the safety of, and shall provide all protection to prevent injury to, all persons involved in any way in the Work and all other persons, including, without limitation, the employees, agents, guests, visitors, invitees and licensees of the City and Users who may be affected thereby. The Contractor shall set forth in writing its safety precautions and programs in connection with the Work and submit the same to the City. The City may, but shall not be obligated to, make suggestions and recommendations to the Contractor with respect thereto. 16.48.2 All Work, whether performed by the Contractor, its Sub- Contractors or Sub- subcontractors, or anyone directly or indirectly employed by any of them, and all equipment, appliance, machinery, materials, tools and like items incorporated or used in the Work, shall be in compliance with, and conform to: (a) all applicable laws, ordinances, rules, regulations and orders of any public, quasi-public or other authority relating to the safety of persons and their protection against injury, specifically including, but in no event limited to, the Federal Occupational Safety and Health Act of 1970, as amended and all State, Local, City and County rules and regulations now or hereafter in effect; and (b) all codes, rules, regulations and requirements of the City and its insurance carriers relating thereto. In the event of conflicting requirements, the more stringent shall govern. 16.48.3Should the Contractor fail to provide a safe area for the performance of the Work or any portion thereof, the City shall have the right, but not the obligation, to suspend Work in the unsafe area. All costs of any nature resulting from the suspension, by Page 206 of 303 25 whomsoever incurred, shall be borne by the Contractor. 16.48.4The Contractor shall provide, or cause to be provided, to each worker on the Job Site the proper safety equipment for the duties being performed by that worker and will not permit any worker on the Job Site who fails or refuses to use the same. The City shall have the right, but not the obligation, to order the Contractor to send a worker home for the day or to discharge a worker for his or her failure to comply with safe practices, with which order the Contractor shall promptly comply. 16.48.5The Contractor shall defend, indemnify and hold the City, the City's Representative and their respective officers, directors, agents, employees and assigns, harmless from and against any and all liability, public or private, penalties, contractual or otherwise, losses, damages, costs, reasonable attorneys' fees, expenses, causes of action, claims or judgments to the extent resulting from any failure of the Contractor, its subcontractors or sub-subcontractors or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, to comply with the provisions of this General Condition. 16.48.6In any and all claims against those indemnified hereunder by any employee of the Contractor, any subcontractor or sub-subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Paragraph shall not be limited in any way to any limit(s) on the amount or type of damage, compensation or benefits payable by or for the Contractor or any subcontractor or sub-subcontractor under any workers' compensation acts, disability benefit acts or other employee benefit acts. 16.49 Protection Of Work And Property; Responsibility For Loss. The Contractor shall, throughout the performance of the Agreement, maintain adequate and continuous protection of all completed Work and temporary facilities against loss or damage from whatever cause, shall protect the property of the City and third parties from loss or damage from whatever cause arising out of the performance of the Agreement and shall comply with the requirements of the City and its insurance carriers and with all applicable laws, codes, rules and regulations with respect to the prevention of loss or damage to the property. The City, their representatives or insurance carriers may, but shall not be required to, make periodic patrols of the Job Site as a part of its normal safety, loss control and security programs. In such event, however, the Contractor shall not be relieved of its aforesaid responsibilities and the City shall not assume, nor shall it be deemed to have assumed, any responsibility otherwise imposed upon the Contractor by this Agreement. Until final acceptance of the Work by the City the Contractor shall have full and complete charge and care of and, except as otherwise provided in this subparagraph or elsewhere in this Agreement, shall bear all risk of loss of, and injury or damage to, the Work or any portion thereof (specifically including City furnished supplies, equipment or other items to be utilized in connection with, or incorporated in, the Work) from any cause whatsoever, except to the Page 207 of 303 26 extent caused by City, its representatives, or contractors. 16.50 Surface And Subsurface Water. Surface or subsurface water or other fluid shall not be permitted to accumulate in excavations or under or in the structures. Should such conditions develop or be encountered, the water or other fluid shall be controlled and suitably disposed of by means of temporary pumps, piping, drainage lines and ditches, dams or other methods approved by the City in writing. The proposed location and coordination of temporary channels and conduits conducting accumulated water from the Job Site shall be permitted by the proper regulatory agency and submitted to the City for its prior written approval. All such Work shall be done at the sole expense of the Contractor. 16.51 Emergencies. In any emergency affecting the safety of persons or property, or in the event of a claimed violation of any federal or state safety or health law or regulation, arising out of or in any way connected with the Work or its performance, the Contractor shall act immediately to prevent threatened damage, injury or loss to remedy said violation, whichever is applicable. Failure by Contractor to take necessary emergency action shall entitle the City to take whatever action it deems reasonably necessary, including, but not limited to, suspending the Work. The City may offset any and all costs or expenses of whatever nature, including reasonable attorneys' fees, paid or incurred by the City in taking such emergency action against any sums then or thereafter due to the Contractor. The Contractor shall defend, indemnify and hold the City harmless against any and all costs or expenses pursuant to this Section, by whomsoever incurred. 16.52 City's Standards. The City reserves the right, but assumes no duty, to establish and enforce standards, and to change the same from time to time, for the protection of persons and property, with which the Contractor shall comply, and to review the efficacy of all protective measures taken by the Contractor. The exercise of or failure to exercise any or all of these rights by the City shall not relieve the Contractor of its duties and responsibilities under this Agreement, and the City shall not thereby assume, nor be deemed to have assumed, any such duties or responsibilities of the Contractor. 16.53 Project Site Protection Contractor, at its expense, shall maintain such protection as provided in the subsection 16.49, entitled “Safety & Protection Of Persons & Property” in a satisfactory condition until removal is authorized by City. Contractor, at its expense, shall make all necessary repairs to property damaged by construction operations. Repairs shall be made in a manner satisfactory to City. The Contractor will provide parking for its employees within the designated work areas. Contractor employees will not be allowed to park in areas which are used by any facilities which remain in operation. 16.54 Fire Prevention. Contractor shall, at its expense, conform to all Federal, State, and local laws and regulations pertaining to burning, fire prevention and control within or adjacent to the Project. Necessary precautions to avoid and eliminate fire hazards shall be the responsibility of the Contractor. This includes keeping the Agreement Work area clear of all trash at all times. All tarpaulins used for any purpose during construction of any Work shall be made of material Page 208 of 303 27 resistant to fire, water and weather and shall bear UL labels. Lighting of any fires on premises is strictly forbidden. Controlled burning shall be with the consent of the City. Contractor shall provide portable fire extinguishers properly labeled, located and compatible with the hazard of each work area and shall instruct its personnel in their use. Wherever welding and burning are conducted, inflammable materials shall be protected and a fire watch shall be provided by Contractor to be present during the burning and welding operation to ensure that protective measures are taken and that no fires result from such operation. The fire watch shall have fire extinguisher equipment readily available and know-how for proper use. 16.55 Illumination. When any work is performed at night or where daylight is shut off or obscured, Contractor shall, at its expense, provide artificial light sufficient to permit work to be carried on efficiently, satisfactorily and safely, and to permit thorough inspection. During such time periods the access to the place of work shall also be clearly illuminated. All wiring for electric light and power shall be installed and maintained in a first-class manner, securely fastened in place at all points, and shall be kept as far as possible from telephone wires, signal wires, and wires used for firing blasts. 16.56 Dust Control. The Contractor, for the duration of the Agreement, shall, at its expense, maintain all excavations embankments, haul roads, access roads, plant sites, waste disposal areas, borrow areas, and all other work areas free from dust. Industry-accepted methods of dust control suitable for the area involved and approved by City will be permitted. 16.57 Water Pollution. Contractor shall, at its expense, provide suitable facilities to prevent the introduction of any substance or materials into any stream, river, lake or other body of water which may pollute the water or constitute substances or materials deleterious to fish and wildlife. 16.58 Air Pollution. The Contractor shall, at its expense, so perform its work as not to discharge into the atmosphere from any source whatever smoke, dust, or other air contaminants in violation of the laws, rules and regulations of all Federal, State and local air and water pollution requirements including, but not limited to: Registering with the Dania Beach County Health Department, Air Pollution Board, any equipment requiring operating permits by said Board; Adhering to all Broward County Air Pollution Board Regulations. 16.59 Explosives & Hazardous Materials. Contractor shall obtain all required Federal, State and local permits and licenses and shall be responsible for the safe and proper handling, labeling, transporting, storage and use of any explosive or hazardous materials brought onto or encountered within the site, and at its expense, make good any damage caused by its handling, transporting, storage and use. The Contractor will notify the City immediately if explosive or hazardous materials are encountered on the site. Transporting explosive or hazardous materials onto the site will require prior written approval from the City. The Contractor shall maintain and post as necessary Material Hazard Data Sheets for all applicable Hazardous Materials used in the course of his work. In the event that hazardous material is improperly handled or stored by the Contractor, its subcontractors, any sub-subcontractors, or any employee or agent of any of the aforementioned which results in contamination of the site, Contractor shall immediately notify the City and the appropriate governmental authority and shall take whatever action is necessary or desirable to remediate the contamination at the Contractor's sole cost and expense. Further, Contractor shall indemnify and hold harmless from any and all cost, expense, action, or liability whatsoever Page 209 of 303 28 resulting from such contamination and/or remedial activities. If without negligence on the part of the Contractor or anyone for whom it is responsible, Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing the Work as required by the Agreement Documents, the City shall pay for the directs costs of remediation as approved beforehand by City, in writing, which shall be paid from the Contingency Fund. 16.60 Inspection: Rejection Of Materials And Workmanship. All materials and equipment furnished and work performed shall be properly inspected by Contractor, at its expense, and shall at all times be subject to quality surveillance, observations or quality audit by City. Contractor shall provide safe and adequate facilities and all samples, drawings, lists and documents necessary for such quality surveillance, observation or quality audit. For this purpose, City shall be afforded full and free access to the shops, factories or places of business of Contractor and its subcontractors and suppliers for such quality surveillance, observation or quality audit and to determine the status of the Work. If Contractor covers all or any portion of the Work prior to any quality surveillance or test by City, the cost of any necessary uncovering and replacing shall be borne by Contractor. Neither the failure to make such quality surveillance, observance or quality audit, nor to discover defective workmanship, materials, or equipment, nor acceptance of or payment to Contractor for such work, materials or equipment shall prejudice the rights of City thereafter to correct or reject the same as hereinafter provided. If any material, equipment or workmanship is determined by City, either during performance of the Work or on final quality surveillance, or during any applicable warranty period (expressed or implied), to be defective or not complying with the requirements of this Agreement, City shall notify Contractor in writing that such material, equipment or work is rejected and the City reserves the right to withhold payment on any such item. Thereupon, Contractor shall, at its own expense, immediately remove and replace or correct such defective material, equipment or work by making the same comply strictly with all requirements of the Agreement. 16.61 Testing. Unless otherwise provided in the Agreement, Drawings and Specifications shop testing of materials or work shall be performed by the Contractor and in accordance with the Technical Specifications. Field testing of materials or work shall be performed by City. Should tests in addition to those required by the Specifications be desired by City, Contractor will be advised in reasonable time to permit such testing. Such additional tests will be at City's expense unless such additional tests are required due to Contractor's work or materials having failed any initial test. In this event, such additional (re-test) tests shall be at Contractor's expense. Contractor shall furnish samples as requested and shall provide reasonable assistance and cooperation as necessary to permit tests to be performed on materials or work in place including reasonable stoppage of work during testing. Contractor shall provide reasonable and accurate notice of when construction activities which require City's testing services are required. Contractor shall be responsible for stand- by and other costs associated with the testing agency if that construction activity is delayed or canceled. 16.62 Progress. Contractor shall give City full information in advance as to its plans for performing each part of the Work. If at any time during the progress of work, Contractor's actual progress is inadequate to meet the requirements of the Agreement, City may so notify Page 210 of 303 29 Contractor who shall thereupon take such steps as may be necessary to improve its progress. If within a reasonable period as determined by City, Contractor does not improve performance to meet the currently approved Agreement construction schedule, City may require an increase in Contractor's labor force, the number of shifts, overtime operations, additional days of work per week and an increase in the amount of construction plant; all without additional cost to City. Neither such notice by City nor City's failure to issue such notice shall relieve Contractor of its obligation to achieve the quality of work and rate of progress required by the Agreement. Failure of Contractor to comply with the reasonable instructions of City may be grounds for determination by City that Contractor is not prosecuting its work with such diligence as will assure completion within times specified. Upon such determination, City may terminate Contractor's right to proceed with the performance of the Agreement, or any separable part thereof, in accordance with the applicable provisions of this Agreement. 16.63 Changes City may, at any time, without invalidating the Agreement and without notice to the Surety(ies), make changes in the Work by issuing Change Orders, as well as Contingency Fund Change Orders addressed elsewhere in the Agreement Documents. City will issue written orders to Contractor for any changes, except that in the event of an emergency which City determines immediately endangers life or property, City may issue oral orders to Contractor for any work required by reason of such emergency. Such orders will be confirmed in writing as soon as practicable. Such orders, whether written or oral, may be accompanied by drawings and data as are necessary to show the extent of such ordered work. Contractor shall commence such changed work so that all dates set forth in Contractor's current construction schedule, as accepted by City, will be met. In the event of an emergency which City determines immediately endangers life or property, Contractor shall immediately commence such changes as required by City in order to mitigate or remove the emergency condition. Failure to commence any such change in timely fashion shall entitle City to invoke the provisions of “Termination for Cause”. Unless otherwise required, Contractor shall, within twenty-one (21) calendar days following receipt of a written Change request from City, submit in writing to City a Agreement Change Proposal for accomplishing such change, which proposal shall reflect the increase or decrease, if any, in cost to City of performing the change under the Agreement in comparison to what the cost would have been, had such change not been offered. 17. Liquidated Damages 17.1 Liquidated Damages will be assessed as stated in the Agreement for each non- compliant day that any requirements listed in this section 17 are not met. The parties have agreed that since they are unable to ascertain the amount of damages which would be suffered by City as a result of Contractor’s failure to timely complete all Work required by the date set forth above, the amount of one-tenth (0.01) of one percent (1%) of the Agreement value, inclusive of adjustments, per day, but not less than One Thousand Six Hundred Sixty Five Dollars ($1,665.00) per day, which amount has been agreed to by the parties, is considered to be City’s liquidated damages, and it is not a penalty. It shall be assessed against the Contractor until substantial and final completion, respectively, are achieved. 17.2 Staging of Material in Right-Of- Way: Contractor shall provide for all additional lands Page 211 of 303 30 and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Staging area shall be fenced and screened from public sight. Contractor shall not store material such as pipes, drainage structures and equipment within a right of way without prior approval by the City. Material shall be properly secured and screened neatly and will not remain on right of way for more than a week. All equipment must be stored in a designated staging area. 17.3 Site Restoration: Contractor shall remove all excess material and shall clean up and restore the site to its original condition or better. All damage, as a result of work under this Agreement, done to existing structures, pavement, driveways, paved areas, curbs and gutters, sidewalks, shrubbery, grass, trees, fences, walls, utility poles, utility pipe lines, conduits, drains, catch basins, flagstones, rocked graveled or stabilized areas or driveways, and including all obstructions not specifically named in this provision, shall be repaired, or replaced, as determined by the Engineer. Site restoration shall be done in a timely manner as the work progresses. Site restoration work shall be completed on private property within 30 days after being disturbed. 17.4 Access: As applicable, Contractor shall provide one lane open to through-traffic for each section of construction in each direction at all times unless a complete road closure is required. The Contractor shall make every effort to provide access to driveways at the end of the working day. If a driveway is not accessible, homeowners should have access to a neighboring swale area for temporary parking. When vehicular access to homes is not possible for parking of vehicles, an area for parking shall be provided within one block of the furthest home affected. This condition is to be avoided whenever possible and not last more than three (3) days. Vehicular access must be provided by the end of each business working day. The parking area location shall be coordinated by the Contractor, with the City's approval.” In the event that this option is approved by the City, the Contractor shall notify affected residents at least 48 hours in advance. 18. Audit. As the funding for this project comes from FRDAP, Contractor, by entering into this Agreement, the Contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the Contractor is appropriate, the Contractor agrees to comply with any additional instructions provided by the Department to the Contractor regarding such audit. The Contractor further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. 19. Indemnification of City. 19.1 The Contractor shall, in addition to any other obligation, indemnify the City and to the fullest extent permitted by law, protect, defend and hold harmless the City, including its agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), or costs arising out of any actual or alleged: (A) bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting from such property, or any other damage or Page 212 of 303 31 loss arising out of or resulting or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor or its Subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the work; (B) any violation of law, statute, ordinance, governmental administrative order, rule, regulation, or infringement of patent, copyright or trademark rights by Contractor or its Subcontractors in the performance of the work; (C) liens and claims made by the Contractor or its Subcontractors; and 19.2 Indemnification for Construction Contracts. In the event that the performance of services under the Agreement is deemed to be a “construction Agreement” pursuant to §725.06, Florida Statutes, as it may be amended from time to time, the following indemnification shall apply: To the fullest extent permitted by Chapter 725, Florida Statutes, as it may be amended, the Contractor agrees to indemnify and hold harmless the City, its officers, employees, and assigns from liabilities, damages, losses, and costs including, but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentionally wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of the provisions in the Agreement Documents. 20. Environmental Matters. 20.1 Defined Terms for Purposes of this Section. Environmental Condition means any set of physical circumstances in, on, under, or affecting the Property that may constitute a threat to or endangerment of health, safety, property, or the environment, including but not limited to: (A) The presence of any hazardous Substance, except in such quantities and concentrations as are routinely found in nature or in products used in ordinary business or commercial activities; (B) Any underground storage tanks, as defined in Subtitle I of the Hazardous and Solid Waste Amendments of 1984, 42 U.S.C. 6991 et. seq., or the regulations thereunder, for the storage of hazardous wastes, oil, petroleum products, or their byproducts; (C) Any PCB, asbestos or any other substances specifically regulated under the Toxic Substances Control Act, 15 U.S.C. 2601 or regulations issued thereunder; and (D) Any open dump or system of refuse disposal for public use without a permit, as prohibited by 42 U.S.C. 6945 and/or Florida law equivalent, or the regulations issued thereunder. Environmental Laws means the Comprehensive Environmental Response, Compensation and Page 213 of 303 32 Liability Act, 42 U.S.C. 9601 et. seq., the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et. seq.; the Toxic Substances Control Act, 15 U.S.C. 2601 et. seq.; the Clean Water Act, 33 U.S.C. 1251 et seq.; the Clean Air Act, 42 U.S.C. 7401 et. seq.; the Oil Pollution Act, 33 U.S.C. 2701 et. seq., the Hazardous Materials Transportation Act, 49 U.S.C. 1801 et. seq.; the Refuse Act of 1989, 33 U.S.C. 407; the Occupational Safety and Health Act, 29 U.S.C. 651 et. seq., as such laws have been amended or supplemented from time to time, the regulations promulgated under these laws; and any analogous Governmental Requirements. Environmental Requirements means all present and future Governmental Requirements, including without limitation, the Environmental Laws, authorizations, judgments, decrees, concessions, grants, orders, agreements or other restrictions or requirements relating to any Environmental Conditions or any Hazardous Substances on the Property. Hazardous Substance means any substances or materials identified to be toxic or hazardous according to any of the Environmental Laws, including without limitation, any asbestos, PCB, radioactive substances, methane, volatile hydrocarbons, acids, pesticides, paints, petroleum based products, lead, cyanide, DDT, printing inks, industrial solvents or any other material or substance that has in the past or could presently or at any time in the future cause or constitute a health, safety or other environmental hazard to any person or property. The term Hazardous Substances includes hazardous wastes, hazardous substances, extremely hazardous substances, hazardous materials, toxic substances, toxic chemicals, oil, petroleum products and their by- products, and pollutants or contaminants as those terms are defined in the Environmental Laws. Environmental Permit means any Governmental Approval required under any Environmental Law in connection with the ownership, use or operation of the Property for the storage, treatment, generation, transportation, processing, handling, production or disposal of Hazardous Substances, or the sale, transfer or conveyance of the Property, and all supporting documentation thereof. Environmental Claim means any accusation, allegation, notice of violation, claim, demand, abatement or other order or direction (conditional or otherwise) by any Governmental Authority or any person for personal injury (including without limitation, sickness, disease, or death), tangible or intangible property damage, damage to the environment, nuisance, pollution, contamination or other adverse effects on the environment, or for fines, penalties, or restrictions, resulting from or based upon: (A) The existence or release, or continuation of any existence of a release (including without limitation, sudden or non-sudden, accidental or non-accidental leaks or spills) of, or exposure to, any substance, chemical, material, pollutant, contaminant, or audible noise or other release or emission in, into or onto the environment (including without limitation, the air, ground, water or any surface) at, in, by, from or related to the Property; or (B) The environmental aspects of the transportation, storage, treatment or disposal of materials in connection with the activities on the Property; or (C) The violation, or alleged violation, of any Governmental Requirements relating to Environmental Requirements on the Property; but excluding any of violations arising Page 214 of 303 33 solely from the intentional actions of the City and its agents. 20.2 Corrective Action Work means any and all activities of removal, response, investigation, testing, analysis, remediation taken to: (A) Prevent, abate or correct an existing or threatened Environmental Condition at, about, affecting, or affected by the Property; or (B) Comply with all applicable Environmental Requirements. 20.3 Environmental Indemnification. Contractor covenants and agrees, at its sole cost and expense, to defend (with counsel selected by Contractor, after consulting with the City), indemnify and hold harmless the City, its successors, and assigns from and against any and all Environmental Claims, whether meritorious or not, brought against the City by any Governmental Authority resulting from acts of the Contractor: 20.4 This indemnity includes, without limitation, indemnification against: all costs of removal, response, investigation, or remediation of any kind; all costs of disposal of such Hazardous Substances as necessary to comply with Environmental Laws; all costs associated with any Corrective Action Work; all costs associated with claims for damages to persons, property, or natural resources; any loss from diminution in the value of the Property; and the City’s Attorneys’ Fees, consultants’ fees, court costs and expenses incurred in connection with any Environmental Claims brought against the City. (A) Contractor’s indemnification of City is only for Environmental Claims which arise out of or are caused by actions or events occurring after the Effective Date of the Property Agreement. (B) This indemnification is to be interpreted as broadly as possible and is in addition to all other rights of the City under this Agreement. (C) Payments by Contractor under the Environmental Indemnification will not reduce Contractor’s obligations and liabilities under any other provision of this Agreement. (D) Neither the Contractor nor the general contractor, nor any other contractor in privity with Contractor, has a duty to indemnify the City in connection with any Environmental Claims that are due to the negligent conduct of the City or its agents. (E) Compliance. Contractor agrees to comply with all existing and future federal, state, county, and municipal environmental laws, administrative code provisions, ordinances, rules and regulations, and the requirements of any development order covering the Property issued pursuant to Chapter 380, Florida Statutes, all as may be amended. 21. Insurance Requirements. The Contractor shall not commence Work under the Agreement until Contractor has obtained all insurance required under this Article. The Contractor shall not allow any employee of Contractor or any Subcontractor to commence Work until all Coverages required have been obtained and approved by the Risk Manager of the City. In addition, Contractor shall be responsible for any and all policy deductibles and self-insured retentions. Page 215 of 303 34 All Certificates of Insurance must clearly identify the Agreement to which they pertain, including a brief description of the subject matter of the Agreement. The certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30) days’ prior written notice has been given to City. If this coverage is not provided, then Contractor is responsible for providing such notice to City. Insurance policies for required coverages shall be issued by companies authorized to do business under the laws of the State of Florida and any such companies’ financial ratings must be no less than A-VII in the latest edition of the “BEST’S KEY RATING GUIDE”, published by A.M. Best Guide. In the event that the insurance carrier’s rating shall drop, the insurance carrier shall immediately notify the City in writing. Coverages shall be in force until all Work required to be performed under the terms of the Agreement is satisfactorily completed as evidenced by the formal written acceptance by the City. In the event insurance certificates provided to City indicate that the insurance shall terminate and lapse during the period of the Agreement, including any applicable warranty period, then in that event, the Contractor shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverages for the balance of the period of the Agreement, including any extension of it, and including any applicable warranty period, is in effect. THE CONTRACTOR SHALL NOT PERFORM OR CONTINUE WORK PURSUANT TO THE CONTRACT, 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 CONTRACT OR ELSEWHERE IN THE PROPOSAL DOCUMENTS CONCERNING CONTRACTOR DELAY. The below coverages are minimum limit requirements. Umbrella or Excess Liability policies are acceptable to provide the total required liability limits, as long as the Risk Manager of the City reviews and approves in writing the insurance limits on each of the policies. The City must approve any changes to these specifications and has the right to review and amend coverage requirements. The Contractor shall be held responsible for any modifications, deviations, or omissions in these insurance requirements. Contractor shall be responsible for any deductible amounts. GENERAL LIABILITY INSURANCE is to include bodily injury, broad form property damage, products/completed operations, blanket contractual liability, and personal/advertising injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence, and Two Million Dollars ($2,000,000.00) annual aggregate. SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE: (to be confirmed on or attached to the Official Certificate of Insurance) • “The City of Dania Beach, Florida” is to be added as a named “Additional Insured”; Page 216 of 303 35 WORKERS’ COMPENSATION INSURANCE shall be maintained by Contractor and any Subcontractors during the life of the Agreement, including any applicable warranty period(s), and it is to apply to all “statutory employees” of Contractor (as that phrase is defined by Chapter 440, Florida Statutes), in compliance with the “Workers’ Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Contractor, its employees, and Subcontractors. In the case any work is sublet as otherwise addressed in the Agreement or Bid Documents, the Contractor shall require any Subcontractors similarly to provide Workers’ Compensation Insurance for all of the latter’s employees, in addition to any coverage afforded by the Contractor, by furnishing statutory limits Part A, and Employers’ Liability Part B with limits of $100,000.00 each accident, $100,000.00 each employee and $500,000.00 policy limit for disease. IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN THE PROSECUTION OF THE WORK, THE FOLLOWING: I) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEE WHO IS EXEMPTED OR PURPORTED TO BE EXEMPT FROM WORKERS’ COMPENSATION INSURANCE COVERAGE; OR II) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEES WHO WILL BE COVERED BY AN EMPLOYEE LEASING ARRANGEMENT. SPECIAL PROVISIONS AS TO WORKERS’ COMPENSATION INSURANCE: (to be confirmed on or attached to the Official Certificate of Insurance) • 30 Days’ Notice of Cancellation or modification to City (if not available on the insurance policies, then Contractor has responsibility for notification); and • Waiver of Subrogation. 22. Assignment of Agreement. The Contractor acknowledges, understands and agrees that its performance under this Agreement is or may be contingent upon the City receiving timely services from other Contractors (the “Supporting Contractors”). The Contractor agrees to use its best efforts to coordinate its services with the services of the Supporting Contractors and further agrees that in the event the rendition of any services of any of the Supporting Contractors is delayed, such delay will not entitle the Contractor to any additional compensation or payment of any kind. Furthermore, the Contractor shall not be entitled to an increase in compensation, or be entitled to payment of any kind from the City, for damages or expenses incurred which are direct, indirect or consequential or other costs and lost profits of any kind including, but not limited to, costs of acceleration, inefficiency or extended overhead, arising because of any other delay, disruption, interruption, interference or hindrance from any cause whatsoever, whether such delay, disruption or interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by the Contractor for hindrances or delays caused solely by fraud, bad faith or active malicious interference on the part of the City. The Contractor shall only be entitled to extensions of time for performance as the exclusive and sole Page 217 of 303 36 remedy for delay. In recognition of the fact that Contractor is not entitled to costs of acceleration arising out of the delays caused by Supporting Contractors, Contractor shall not be required to accelerate its services where delays have resulted from Supporting Contractors, unless the City agrees to compensate Contractor for such accelerated efforts. 23. Public Records Law. Contractor shall maintain books, records, documents and other evidence directly pertinent to performance of work under this Agreement in accordance with generally accepted accounting principles and practices. The Contractor shall also maintain the financial information and data used by the Contractor in the preparation of support of any claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to such books, records, documents and other evidence for inspection, audit and copying during normal business hours. The Contractor will provide proper facilities for such access and inspection. Audits conducted under this section shall observe generally accepted auditing standards and established procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes, may have application to records or documents pertaining to this Agreement and Contractor acknowledges that such laws have possible application and agrees to comply with all such laws. Upon request from the City custodian of public records, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. 24. Retention Of Records And Right To Access 24.1 The Contractor shall preserve and make available all financial records, supporting documents, statistical records, and any other documents pertinent to the agreement for a period of five (5) years after termination or conclusion of the agreement, or if an audit has been initiated and audit findings have not been resolved at the end of these five (5) years, the records shall be retained by the City until resolution of audit finding. The Contractor shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Contractor shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. 24.2 Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the City. Page 218 of 303 37 24.3 Upon completion of Work under this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the Contractor shall be delivered by the Contractor to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Contractor shall be delivered to the City in a format that is compatible with the City’s information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the Contractor shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 24.4 Any compensation due to Contractor shall be withheld until all records are received as provided in this Agreement. 24.5 Contractor’s failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the City. 25. Section 119.0701(2)(a), Florida Statutes IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: ELORA RIERA, MMC CITY CLERK Mailing Address: 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Telephone number: 954-924-9800, Ext. 3624 Email: eriera@daniabeachfl.gov 26. No Waiver. Failure of the City to insist upon strict performance of any provision or condition of this Agreement, or to enforce any right contained in it, shall not be construed as a waiver or relinquishment for the future of any such provision, condition or right, but the same shall remain in full force and effect. 27. Declaration of Default. The failure of the Contractor a) to supply enough properly skilled workers or materials, or b) its failure to make prompt payments to subcontractors, or for materials or labor, or c) to obey laws, ordinances, rules, regulations or orders of public agencies having jurisdiction, or d) to comply in any way with the Agreement Documents, shall be sufficient grounds for the City to find the Contractor in material default, and that sufficient cause exists to terminate the Agreement for cause, and to withhold payment or any part thereof until the cause or causes giving rise to the default has/have been eliminated by the Contractor and approved by the City. If a finding of default is made by the City, the Contractor and its Surety shall remain responsible for performance of the requirements of the Agreement Documents unless and until the City terminates the Agreement. Upon a finding of Page 219 of 303 38 default, the City shall set a reasonable time, but in no event in excess of seven (7) calendar days after written notice from City detailing the default, within which the Contractor and its Surety shall eliminate the cause or causes of default. When the basis for finding of default no longer exists, the City shall notify the Contractor and its Surety, in writing, that the default has been corrected, and that the Contractor is no longer in default. If the Contractor fails to correct the default within the time allowed, the City, without further notice to Contractor or its Surety, may immediately terminate the Agreement and the employment of the Contractor, without otherwise waiving its rights against the Contractor or its Surety. To the extent that the time limits herein conflict with those set forth in the Performance Bond, the time limits in this section shall take precedence. 28. Termination Or Suspension Of Agreement 28.1 Termination By The Contractor: A. The Contractor may terminate the Agreement if the Work is stopped for a period of thirty (30) days through no act or fault of the Contractor, Subcontractor, Sub- subcontractor, their agents or employees, or any other persons performing portions of the Work under the Agreement with the Contractor, for any of the following reasons: 1. issuance of an order of a court or other public authority having jurisdiction, and 2. an act of government, such as a declaration of national emergency, making material unavailable. B. If one of the above reasons exists, the Contractor may, upon five (5) additional days’ written notice to the City, terminate the Agreement and recover from the City payment for Work performed. 28.2 Termination By The City For Cause: (A) The City may terminate the Agreement if the Contractor: (1) persistently or repeatedly refuses or fails to supply enough properly skilled workers, proper equipment, materials, or fails to adhere to the schedule established as adjusted from time to time pursuant to the terms of the Agreement; (2) fails to comply with laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction, including City; (3) commits any act or omission that evidences a lack of integrity or honesty or which reflects negatively on the City, including but not limited to the company of its owners, officers and agents being charged with any act of moral turpitude or any environmental violation; (4) fails to obtain or maintain all insurance Coverage required by the Agreement Documents; or Page 220 of 303 39 (5) otherwise, is guilty of substantial breach of a provision of the Agreement or Agreement Documents; or (6) Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act (requirement of the FRDAP grant); or (7) One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period, Contractor (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Contractor of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Contractor’s business or property; and/or iv. An action by Contractor under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation; or (8) If Contractor or its Surety(ies) do(es) not cure such failure within seven (7) calendar days from receipt of notification, or sooner if consideration of safety to persons is involved, or if Contractor or its Surety(ies) fails to provide satisfactory evidence that such default will be corrected, City may, without further notice to Contractor, terminate in whole or in part Contractor's right to proceed with work by written notice and prosecute the Work to completion by Agreement or by any other method deemed expedient. City may take possession of and utilize any materials, plant, tools, equipment, and property of any kind furnished by Contractor and necessary to complete the Work. (9) Contractor, and its sureties, shall be liable, jointly and severally, to City for all costs in excess of the Agreement price for such terminated work reasonably and necessarily incurred in the completion of the Work, as adjusted by Change Orders, if any, including cost of administration of any Agreement awarded to others for completion, plus Liquidated Damages. (10) The commitment of any material breach of this Agreement by Contractor, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; or (11) Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Contractor by a state or other licensing authority; or (12) Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; or Page 221 of 303 40 (13) Failure to maintain the insurance required by this Agreement. 28.3Upon termination for default, Contractor shall: (a) immediately discontinue work on the date and to the extent specified in the notice and place no further purchase orders or subcontracts to the extent that they relate to the performance of work terminated; (b) inventory, maintain and turn over to City all materials, plant, tools, equipment, and property furnished by Contractor or provided by City for performance of work; (c) promptly obtain cancellation upon terms satisfactory to City of all purchase orders, subcontracts, rentals, or any other agreements existing for performance of the terminated work or assign those agreements to City as directed; (d) cooperate with City in the transfer of information and disposition of work in progress so as to mitigate damages; (e) comply with other reasonable requests from City regarding the terminated work; and (f) continue to perform in accordance with all of the terms and conditions of the Agreement such portion of work that is not terminated. (g) When the City terminates the Agreement, the Contractor shall not be entitled to receive any further payment until the Work is completed and approved by the Engineer of Record. (h) All damages, costs and charges incurred by City shall be deducted from any monies due or which may become due to Contractor. In case the damages and expenses so incurred by City shall exceed the unpaid balance, then Contractor shall be liable and shall pay to City the amount of such excess. If, after Notice of Termination or Suspension of Contractor’s right to proceed, it is determined for any reason that Contractor was not in default, the rights and obligations of City and Contractor shall be the same as if the Notice of Termination had not been issued, pursuant to the Termination for Convenience clause as set forth below. 28.4Termination By The City For Convenience: The Agreement may be terminated for convenience by City upon fifteen (15) days’ advance written notice to Contractor and the Contractor’s surety, if any (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, the Contractor shall be paid for all acceptable work performed prior to termination and shall not be entitled to any other costs, fees or payments. City may, at its option and convenience, terminate the Agreement, in whole or in part, at any time by written notice thereof to Contractor, whether or not Contractor is in default. Upon any such termination, Contractor hereby waives any claims for damages from the termination, including, without limiting the generality thereof, loss of anticipated profits on Work not performed on account thereof, home office overhead, lost bonding capacity, and consequential damages. As the sole Page 222 of 303 41 right and remedy of Contractor, City shall pay Contractor in accordance with Subparagraphs below; provided, however, that those provisions of the Agreement, which by their very nature survive final acceptance under the Agreement, shall remain in full force and effect after such termination (a) Upon receipt of any such notice, Contractor and its Surety shall, unless the notice requires otherwise; (b) Immediately discontinue work on the date and to the extent specified in the notice. (c) Place no further orders or subcontracts for materials, services, or facilities, other than as may be necessary or required for completion of such portion of work under the Agreement that is not terminated; (d) Promptly make every reasonable effort to obtain cancellation upon terms satisfactory to City of all orders and subcontracts to the extent they relate to the performance of work terminated; (e) If requested by the City in writing, assign to the City, all right, title and interest of the Contractor under the subcontracts terminated. Such Assignment shall not include assumption of Contractor's obligations or liabilities under any subcontract. The City shall have the right (but not the obligation) to assume the Contractor's obligations under any subcontracts assigned. Neither this paragraph or any assignment of subcontracts, shall constitute the City's assumption of Contractor's or other obligations under any such subcontract absent a written document executed by the City and the subcontractor in which the City expressly acknowledges an assumption of Contractor's obligations, and then only to the extent specified. In no event will the City assume any obligation of the Contractor under the subcontracts that arise out of or relate to Contractor's default prior to such assignment; (f) The Contractor shall include in all subcontracts, equipment leases and purchase orders, a provision requiring the subcontractor, equipment lessor, or supplier, to consent to the assignment of their subcontract or purchase order to the City; (g) Assist City, as specifically requested in writing, in the maintenance, protection and disposition of property acquired by City under the Agreement; and, (h) Complete performance of any work that is not terminated. (i) Upon any such termination, City will pay to Contractor an amount determined in accordance with the following (without duplication of any item): (j) All amounts due and not previously paid to Contractor for work completed in accordance with the Agreement prior to such notice, and for work thereafter completed as specified in such notice. (k) The reasonable cost of settling and paying claims arising out of the termination of work under subcontracts or orders. Page 223 of 303 42 (l) The verifiable costs incurred prior to notice of termination. (m)Any other reasonable costs which can be verified to be incidental to such termination of Work, including demobilization costs. (n) In the case of such termination for City's convenience, Contractor shall be entitled to receive payment for Work actually executed, and verifiable costs incurred by reason of such termination, along with an amount not to exceed ten (10) percent for profit and overhead on such verifiable costs incurred. (o) The City's Termination for Convenience shall be without waiver or prejudice to, all of the City's claims, rights and remedies arising out of or related to any default, breach of Agreement, damages or other claims the City may have against Contractor, or Contractor's subcontractors, material suppliers of any tier, or any other person or entity at the time of termination or arising thereafter. (p) Contractor hereby acknowledges acceptance of the risk and cost of the foregoing and acknowledges and agrees to the foregoing limitation on Contractor's claims or damages arising out of, or relating to, a termination for convenience by the City. (q) Contractor shall submit within 30 calendar days after receipt of notice of Termination, for Convenience, a written proposal for payment, including all incurred costs and other entitlements described herein. City shall review, analyze, and verify such proposal, and negotiate an equitable adjustment, and the Agreement shall be amended in writing accordingly. 29. Suspension By The City For Cause The City may order the Contractor in writing to suspend, delay or interrupt the Work, in whole or in part for such period of time as deemed necessary by the City, if the Contractor fails to maintain all insurance Coverage required by the Agreement Documents. Any delay in the Work caused by a lapse in Coverage shall be deemed non-excusable, shall not be grounds for a time extension, and shall be subject to any other applicable provisions in the Agreement and Agreement Documents concerning Contractor delay. 30. Suspension By The City For Convenience (A) The City may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part, for such period of time as the City may determine, and the Contractor shall be entitled to an appropriate time extension, provided the suspension delays the critical path of the Work. (B) If such suspension exceeds thirty (30) consecutive days, Contractor may also be entitled to an adjustment in the Agreement Sum for increases in the cost of performance of the Agreement resulting directly from the suspension, delay, or interruption, including reasonable profit on such increased cost; provided however, that no adjustment will be made to the extent: (1) that performance is, was, or would have been so suspended delayed, or interrupted by another cause for which Contractor is responsible; Page 224 of 303 43 (2) that Contractor fails to adequately document the cost increase; (3) that the Contractor would have incurred the cost increase regardless of the suspension, delay, or interruption, or (4) that an equitable adjustment is made or denied under another provision of the Agreement or Agreement Documents. 31. Receipt Of Notice Of Termination Or Suspension Upon receipt of Notice of Termination or suspension, Contractor shall deliver or otherwise make available to City all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Agreement or Agreement Documents, whether completed or in process. Upon receipt of any such written notice, Contractor shall, unless the notice requires otherwise: (a) immediately discontinue work on the date and to the extent specified in the notice; (b) place no further orders or subcontracts for material, services, or facilities with respect to suspended work other than to the extent required in the notice; (c) promptly make every reasonable effort to obtain suspension, upon terms satisfactory to City, of all orders, subcontracts and rental agreements to the extent they relate to performance of work suspended; (d) continue to protect and maintain the Work including those portions on which work has been suspended, and (e) take any other reasonable steps to minimize costs associated with such suspension. In addition to all amounts that would otherwise be due for Work performed prior to the suspension, as compensation for such suspension, Contractor will be reimbursed for the following verifiable costs (without profit) and without duplication of any item, to the extent that such costs directly result from such suspension of work: (a) standby charge to be paid to Contractor during the period of suspension of work which standby charge shall be sufficient to compensate Contractor for keeping, to the extent required in the notice, its organization and equipment committed to the Work in a standby status; (b) All reasonable costs associated with mobilization and demobilization of Contractor's plant, forces and equipment; and (c) An equitable amount to reimburse Contractor for the cost of maintaining and protecting that portion of the Work upon which work has been suspended. 32. Ownership of Documents. All correspondence, studies, data, analyses, documents, instruments, applications, memorandums and the like, including drawings and specifications prepared or furnished by Contractor (and any Subcontractor) pursuant to this Agreement shall Page 225 of 303 44 become owned by and be the property of the City and the City shall consequently obtain ownership of them by any statutory law or common law and other reserved rights, including copyright; however, such documents are not intended or represented by Contractor to be suitable for reuse by City on extensions of the work or on any other work or project. Any such reuse, modification or adaptation of such document without written verification or permission by Contractor for the specific purpose intended will be at City’s sole risk and without liability or legal exposure to Contractor or to any Subcontractors. If City alters any such documents, City will expressly acknowledge same so that no third party will be in doubt as to the creation or origination of any such document. 33. Force Majeure. Under any and all provisions of this Agreement, neither the City nor Contractor, as the case may be, will be considered in breach of or in default of any of their respective non-monetary and monetary obligations under the Agreement as a result of an unavoidable delay due to strikes, lockouts, acts of God, inability to obtain labor or materials, riot, war, hurricane, tornado, weather related events or conditions, pandemics, epidemics, shutdowns due to government restrictions, utility company delays, or other similar causes beyond the commercially reasonable control of a party (in each case, an event of “Force Majeure”). Upon the occurrence of a Force Majeure, the applicable time-period will be extended for each day of the period of the Force Majeure event. 34. Remedies Cumulative. Waiver. The rights and remedies of the parties to this Agreement, whether provided by law or by this Agreement, are intended to be cumulative and concurrent. The exercise by either party of any one or more of its remedies will not preclude the exercise by a party, at the same or different times, of any other remedies for the same default or breach, or of any of its remedies for any other default or breach by the other party. The waiver by a party of any default or Event of Default under this Agreement will not extend to or affect any other existing or subsequent Event of Default, or impair any rights, powers, or remedies of a party in connection with any other default or Event of Default. A party’s delay or omission in exercising any right, power or remedy will not be construed as a waiver of any default or Event of Default or constitute acquiescence to the default. 35. Notices. Except as provided above, whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective persons and places for giving of notice: City: Ana M. Garcia, ICMA-CM, City Manager City of Dania Beach, Florida 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Page 226 of 303 45 With a copy to: Eve A. Boutsis City Attorney City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Contractor: Benny B. Bejar, President Bejar Construction, Inc. 6326 SW 191 Avenue Pembroke Pines, Florida 33332 36. Governing Law. The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 37. Bankruptcy. It is agreed upon that if the Contractor is adjudged bankrupt, either voluntarily or involuntarily, then this Agreement shall terminate effective upon the date and at the time the bankruptcy petition is filed. Upon such filing of Bankruptcy, Contractor will automatically be in default of this Agreement and the provisions of Article 9 will be enforced at City’s discretion. 38. Dispute Resolution 38.1 Claims And Disputes A. The responsibility to substantiate a Claim shall rest with the party making the Claim. All Claims must be made in writing and addressed to the City and the Contractor. C.Process for Resolving a Claim. The Contractor shall review the Claim and make a recommendation to the City. The City shall render a final decision regarding the Claim. A decision by the City shall be required as a condition precedent to litigation of a Claim between the Contractor and City as to all such matters arising prior to the date final payment is due, regardless of: 1) whether such matters relate to execution and progress of the Work; or 2) the extent to which the Work has been completed. C. Time Limits on Claims. Claims by the Contractor must be made within thirty (30) days after occurrence of the event giving rise to such Claim or within thirty (30) days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims by the Contractor or its respective subcontractors must be made by written notice to the City. An additional Claim made after the initial Claim has been implemented by Change Order will not be considered unless submitted in a timely manner. D. Continuing Agreement Performance. Pending final resolution of a Claim, unless otherwise agreed in writing, the Contractor shall proceed diligently with performance of the Agreement and the City shall continue to make payments in accordance with the Agreement Documents. Page 227 of 303 46 E. Claims for Concealed or Unknown Conditions. If conditions are encountered at the Project site which are: 1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Agreement Documents; or 2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist in the locale of the Project site and generally not recognized as inherent in construction activities of the character provided for in the Agreement Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than twenty-one (21) days after first observance of the conditions. The Contractor shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, Contractor shall recommend to the Contractor, with the City’s approval, an equitable adjustment in the Agreement Sum, Agreement Time, or both. If the Contractor determines that the conditions at the Project site are not materially different from those indicated in the Agreement Documents and that no change in the terms of the Agreement is justified, the Contractor shall so notify the City and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within twenty-one (21) days after the Contractor has given notice of the decision. If the Contractor and Contractor cannot agree on an adjustment in the Agreement Sum or Agreement Time, the adjustment shall be referred to the City for final determination. F. Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Agreement Sum, written notice as provided in these Conditions shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to: 1) a written interpretation from the Contractor; 2) an order by the City to stop the Work where the Contractor was not at fault; 3) a written order for a minor change in the Work issued by the Contractor; 4) failure of payment by the City; 5) termination of the Agreement by the City; or 6) City's suspension of Work, then the Claim shall be filed in accordance with the procedure established in this Agreement. G. Claims for Additional Time. 1. If the Contractor wishes to make Claim for an increase in the Agreement Time, written notice as provided in these Conditions shall be given. The Contractor's Claim shall include an estimate of cost and a probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. 2. If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. Page 228 of 303 47 H. Injury or Damage to Person or Property. If either party to the Agreement suffers injury or damage to person or property because of an act or omission of the other party, or any of the other party's employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty-one (21) days after first observance of the injury or damage. The notice shall provide sufficient detail to enable the other party to investigate the matter. 38.2 Resolution Of Claims And Disputes A. The Contractor shall review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: 1) request additional supporting data from the claimant: 2) submit a schedule to the parties indicating when the Contractor expects to take action; or 3) suggest a compromise. The Contractor may, at the City’s direction, notify the surety, if any, of the nature and amount of the Claim. The Contractor shall notify the City or the Claimant. The City shall make the final determination of whether to pay or dispute the Contractor’s Claim. B. If a Claim has been resolved, the Contractor shall prepare or obtain appropriate documentation. C. If a Claim has not been resolved, the party making the Claim shall, within ten days (10) after the Contractor's preliminary response, take one or more of the following actions: 1) submit additional supporting data requested by the Contractor; 2) modify the initial Claim; or 3) notify the Contractor that the initial Claim remains valid. D. The Contractor shall notify the parties in writing of the City's decision within seven days of receipt of: 1) additional supporting data; 2) a request to modify the initial Claim; or 3) that the initial Claim stands and the City’s decision shall be final and binding on the parties but subject to review by a court of competent jurisdiction. The Contractor shall prepare or obtain appropriate documentation regarding the Claim. If there is a surety and there appears to be a possibility of a Contractor's default, the Contractor may, at the City’s direction, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 38.3 All claims, counterclaims, disputes and other matters in question between City and Contractor arising out of, relating to or pertaining to this Agreement, the breach of it, the services of it, or the standard of performance required in it, shall be addressed by resort to non- binding mediation as authorized under the laws and rules of Florida; provided, however, that in the event of any dispute between the parties, the parties agree to first negotiate with each other for a resolution of the matter or matters in dispute and, upon failure of such negotiations to resolve the dispute, the parties shall resort to mediation. Page 229 of 303 48 39. Venue; Fees. 39.1 If mediation is unsuccessful, any such matter may be determined by litigation in a court of competent jurisdiction in Broward County, Florida, or the Federal District Court of the Southern District of Florida and appropriate appellate courts for such venue and jurisdiction. To be clear, should mediation fail, all claims, counterclaims, disputes and other matters in question between City and Contractor arising out of, relating to or pertaining to this Agreement, or the breach of it, or the services of it, or the standard of performance required in it, shall be addressed by resort to non-binding mediation as authorized under the laws and rules of Florida. IN ANY LITIGATION, THE PARTIES AGREE TO EACH WAIVE ANY TRIAL BY JURY OF ANY AND ALL ISSUES. THE PARTIES UNDERSTAND AND AGREE THAT THIS WAIVER IS A MATERIAL AGREEMENT TERM. 39.2 Operations During Dispute. In the event that a dispute arises between the City and the Contractor relating to this Agreement, or its performance or compensation, the Contractor agrees to continue to render services in full compliance with all terms and conditions of this Agreement as required by the City. 40. Legal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement. 41. Prevailing Party’s Attorneys’ Fees. If either party institutes legal proceedings in connection with the Agreement, the prevailing party will be entitled to recover its costs of suit, including without limitation, its Attorneys’ Fees. 42. Headings. Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. 43. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement and each such exhibit is incorporated by this reference. 44. Severability. If any provision of this Agreement or the application of it to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected, shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. 45. All Prior Agreements Superseded. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written. Page 230 of 303 49 46. Independent Contractors. Contractor, any Subcontractors and their respective employees and agents shall be and remain independent Contractors and not employees of City with respect to all of the acts and services performed under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties to this Agreement. All agents, employees and Subcontractors of the Contractor retained to perform services pursuant to this Agreement shall comply with all laws of the United States concerning work eligibility. 47. The Contractor understands and agrees that the City, during any fiscal year, is not authorized to expend money, incur any liability, or enter into any Agreement which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year and that any Agreement, verbal or written, made in violation of this subsection is null and void and that consequently, no money may be paid on such Agreement beyond such limits. Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding one (1) year, but any Agreement so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Contractor shall not proceed with services under this Agreement without City’s written verification that the funds necessary for Contractor compensation and other necessary expenditures are budgeted as available within the appropriate fiscal year budget. 48. Contractor warrants and represents that no elected official, officer, agent or employee of the City has a financial interest, directly or indirectly, in this Agreement or the compensation to be paid under it and, further, that no City employee who acts in the City of Dania Beach as a “purchasing agent” as defined in Chapter 112, Florida Statutes, nor any elected or appointed officer of the City of Dania Beach, nor any spouse or child of such purchasing agent, employee or elected or appointed officer, is a partner, officer, director or proprietor of the Contractor and, further, that no such City employee, purchasing agent, City elected or appointed officer, or the spouse or child of any of them, alone or in combination, has a material interest in the Contractor. Material interest means direct or indirect ownership of more than five percent (5%) of the total assets or capital stock of the Contractor. 49. Contractor shall comply with all federal, state and City laws applicable to the Contractor services and specifically those covering Equal Opportunity Employment, the Americans with Disabilities Act (“ADA”) eligibility to perform services as specified in the Florida Public Entity Crime law and the Florida Building Code. The Contractor is expected to fully comply with all provisions of all laws and the City reserves the right to verify the Contractor’s compliance with them. Failure to comply with any laws will be grounds for termination of the Agreement for cause. 50. In the event of any conflict between any provisions of this Agreement and any provision in any attached Exhibit, the parties agree that the provisions of this Agreement are controlling (including, but not limited to, all terms and provisions governing compensation). Further, any prior Agreement related to the services is rescinded and replaced by this Agreement. Page 231 of 303 50 51. Contractor agrees to perform its obligations under this Agreement in accordance with the degree of skill and care exercised by multimedia Contractors performing similar services under similar conditions. Contractor makes no other representations and no warranties, whether express or implied, with respect to the quality of its performance under this Agreement. 52. Sovereign Immunity. Contractor acknowledges that the Florida Doctrine on Sovereign Immunity bars all claims by Contractor against the City other than claims arising out of this Agreement. Specifically, the Contractor acknowledges that it cannot and will not assert any claims against the City, unless the claim is based upon a breach by the City of this Agreement. Further, the Contractor recognizes the City is a sovereign with regulatory authority that it exercises for the health, safety, and welfare of the public. This Agreement in no way estops or affects the City's exercise of that regulatory authority. In addition, the City retains the full extent of its sovereign immunity in relation to the exercise of its regulatory authority. The Contractor acknowledges that it has no right and will not make claim based upon any of the following: A. Claims based upon any alleged breach by the City of implied warranties for representations not specifically set forth in this Agreement, as the parties stipulate that there are no such implied warranties or representations of the Contractor. All obligations of the parties are only as set forth in this Agreement; B. Claims based upon negligence or any tort arising out of this Agreement; C. Claims upon alleged acts or inaction by the City, its commissioners, attorneys, administrators, Contractors, agents, or any Contractor employee; D. Claims based upon an alleged waiver of any of the terms of this Agreement unless such waiver is in writing and signed by an authorized representative for the City and Contractor. 53. Financial records. The Contractor shall maintain accurate and complete financial records of its activities and operations relating to this Agreement in accordance with generally accepted accounting principles. Contractor shall maintain adequate records to justify all charges and costs incurred in performing the services for at least three (3) years after completion of this Agreement. Contractor agrees that the City, or its authorized representatives, shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or records relating to this Agreement during normal business hours. All such materials shall be maintained by Contractor at a location in Broward County, Florida; provided that if any such material is located outside Broward County, then, at the City’s option the City shall pay Contractor for travel, per diem, and other costs incurred by Contractor to examine, audit, excerpt, copy or transcribe such material at such other location. The City shall make a reasonable effort to maintain the confidentiality of such audit report( s). 54. Scrutinized Companies. Contractor shall certify that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2018), as may be amended or revised, Page 232 of 303 51 or been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), as may be amended or revised, or is engaged in a boycott of Israel. 55. Verification of Employment Eligibility. Contractor represents that Contractor and each Subcontractor has registered with and uses the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Contractor violates this section, Municipality may immediately terminate this Agreement for cause and Contractor shall be liable for all costs incurred by Municipality due to the termination. 56. Successors And Assigns. The City and the Contractor each binds itself, its officers, directors, qualifying agents, partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the Agreement. Contractor shall not assign, transfer, convey or otherwise hypothecate the Agreement or its right, title or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous written consent of the City, and concurred with by the Contractor's Surety. Contractor acknowledges that the City has entered into this Agreement with Contractor after a comprehensive competitive award process, and evaluation of Contractor's particular qualifications and skills to perform the Work. Therefore, Contractor agrees that the City may withhold the consent to assignment referred to herein for any reason the City deems appropriate, in its sole and exclusive discretion. 57. Time is of the Essence. Time is of the essence in the performance of all obligations of each party under this Agreement. 58. No Partnership or Joint Venture. It is mutually understood and agreed that nothing contained in this Agreement is intended or is to be construed in any manner or under any circumstances whatsoever as creating or establishing the relationship of co-partners or creating or establishing the relationship of a joint venture between the City and Contractor, or as constituting Contractor as the agent or representative of the City for any purpose or in any manner whatsoever. 59. Recording; Documentary Stamps. A memorandum of this Agreement, in the form attached as Exhibit H, will be recorded by the City in the Public Records of Broward County, Florida. The cost of recording, and the cost of any required documentary stamps, will be paid in full by the City. The parties will cooperate in structuring the transactions contemplated by this Agreement to reduce such costs, provided the structure does not have any adverse consequence for the City. Page 233 of 303 52 60. Governing Law. This Agreement will be governed by the laws of the State of Florida. This Agreement is subject to and must comply with the Charter and City Code of the City of Dania Beach, as they exist on the date of execution of the Agreement. Any conflicts between this Agreement and the Charter and City Code will be resolved in favor of the City’s Charter. Venue for any disputes arising out of this Agreement and for any actions involving the enforcement or interpretation of this Agreement will be in the State courts of the 17th Judicial Circuit of Broward County, Florida. 61. Third Party Beneficiaries. Neither Contractor nor City intend to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. 62. Negotiated Agreement. Both parties have substantially contributed to the drafting and negotiation of this Agreement and this Agreement shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. The parties hereto acknowledge that they have thoroughly read this Agreement, including all exhibits and attachments hereto, and have sought and received whatever competent advice and counsel was necessary for them to form a full and complete understanding of all rights and obligations herein. 63. Incorporation by Reference. The truth and accuracy of each "Recital" clause set forth above is acknowledged by the parties. The attached Exhibits to this Agreement are incorporated into and made a part of this Agreement and all exhibits subsequently attached to this Agreement pursuant to the terms hereof shall be deemed incorporated into and made a part of this Agreement. 64. Conflicts of Interest: City Representatives not Individually Liable. No elected official, representative, or employee of the City has any personal interest, direct or indirect, in this Agreement. No elected official, representative or employee will participate in any decision relating to this Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which he or she has an interest, directly or indirectly. No elected official, representative or employee of the City will be personally liable to Contractor or any successor in interest for any amount which may become due to Contractor, for any obligations of City under the Agreement, or in the event of any default or breach by the City. 65. Section. Section headings are for convenience only and do not affect the interpretation of this Agreement. 66. Counterparts. This Agreement may be signed in counterparts, each one of which is considered an original, but all of which constitute one and the same instrument. This Agreement is effective only after execution and delivery by the parties. Page 234 of 303 53 67. Entire Agreement. This Agreement (including the Exhibits) constitutes the sole agreement of the parties with respect to its subject matter. It supersedes any prior written or oral agreements or communications between the parties. 68. Amendments. No amendment to this Agreement is binding on either party unless in writing and signed by both parties. The City is not obligated to spend any money or undertake any obligation in connection with an amendment proposed by Contractor. If Contractor requests an amendment to the Agreement or any other action by City, Contractor must reimburse City for all third-party costs incurred by City (including but not limited to costs of third-party consultants and attorneys). Before the City takes action regarding any request, Contractor must deposit with the City the estimated amount of third-party costs, as reasonably determined by the City. 69. Holidays. The parties agree that whenever a notice or performance due under the Agreement falls on a Saturday, Sunday or on a legal holiday recognized by the City, the notice or performance will be postponed to the next following business day. 70. Other governmental entities may elect to purchase the goods and services specified in this Agreement, which shall be made available upon the same terms and conditions as those specified in this Agreement. 71. Survival. A termination of the Agreement will not release Contractor from its obligation to indemnify City for any acts which occurred prior to the termination of the Agreement, unless otherwise agreed upon by City and Contractor or by judicial decree. Upon termination or expiration of this Agreement, the Contractor shall remain liable for all obligations and liabilities that have accrued prior to the date of termination or expiration, unless relieved of such obligation or liability by action of a court or rule of law. SIGNATURES ON THE FOLLOWING PAGES Page 235 of 303 54 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. ATTEST:CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS EVE A. BOUTSIS ANA M. GARCIA, ICMA-CM CITY ATTORNEY CITY MANAGER Page 236 of 303 55 CONTRACTOR: Bejar Construction, Inc. a Florida corporation WITNESSES: _________________________ SIGNATURE SIGNATURE _________________________ Benny B. Bejar PRINT Name PRINT Name _________________________ President SIGNATURE Title _________________________ Date: PRINT Name STATE OF FLORIDA) COUNTY OF __________________) The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on ________ , 2024 by Benny B. Bejar, as President of Bejar Construction, Inc., a corporation. He/she is personally known to me or has produced as identification. My Commission Expires: Notary Public, State of Florida Print Name : Page 237 of 303 kimley-horn.com 8201 Peters Road, Suite 2200, Plantation, FL 33324 954 535 5100 August 27, 2024 City of Dania Beach Sasha Ramos Procurement Administrator 100 W Dania Beach Blvd Dania Beach, FL 33004 Re: City of Dania Beach Mullikin Park Improvements City of Dania Beach Bid No. 24-018 Bid Recommendation Dear Ms. Ramos: The City of Dania Beach (City) advertised the Mullikin Park Improvements Project on July 12th, 2024. A pre-bid meeting was held on July 22nd, 2024 for this project. On August 16th, 2024 bids were publicly opened and read. The project primarily includes the installation of a basketball court, a playground with artificial turf, concrete sidewalks, benches, picnic table, waste receptacles, drinking fountain, security camera upgrades, and lighting improvements. The following is a bid summary of the Total Bid Amounts for the seven (7) bidding contractors: 1. Broward County Fence $ 66,225.00 2. Bejar Construction, Inc $ 615,461.00 3. Ryan Construction, Inc $ 789,488.00 4. Persons Services Corp $ 822,879.00 5. Vercetti Enterprises $ 856,770.61 6. M&J General Contractors $ 930,081.48 7. Sky Living Co $ 1,147,795.89 Kimley-Horn has been asked to review the bids and provide a recommendation of award. Broward County Fence has been unresponsive to the solicitation, as they did not attend the mandatory pre-bid meeting, and their response did not contain any required documents. Based on the results of the bid, the apparent low bidder is Bejar Construction, Inc. with a total bid amount of $615,461.00. The Florida DBPR Online Services website shows a Certified General Contractor (GC) license currently registered with the Florida Department of Business and Professional Regulation for Bejar Construction, Inc. under the name of Benny B. Bejar. Kimley-Horn called seven (7) references provided by the contractor. Five (5) of the seven (7) references responded, and all of them were overly satisfied with the Contractor’s performance and would utilize their services again. As a result, the recommendation is to award this contract to Bejar Construction, Inc. as the most responsive bid. The schedule of this contract is an important element of the project. As per the contract, all work shall be completed within 120 calendar days from the Notice to Proceed date, plus thirty (30) days for final completion. There is a liquidated damages section of the contract that can be enforced if the Page 238 of 303 City of Dania Beach Millikin Park Improvements Bid Recommendation, Page 2 kimley-horn.com 8201 Peters Road, Suite 2200, Plantation, FL 33324 954 535 5100 Contractor’s actual construction activities extend beyond the proposed schedule. I would like to thank the City of Dania Beach for their assistance in bidding this project, and we look forward to proceeding into the construction phase. If you have any questions or need any additional information, please contact me at (954) 535-5137. Sincerely, KIMLEY-HORN & ASSOCIATES, INC. Marissa Maring, P.E. Project Manager Page 239 of 303 BIDS Submitted Actual Allowance Difference Rank Bejar Construction, Inc $615,461.00 615,462.00$ 20,000.00$ -$1.00 2 Broward County Fence $66,225.00 N/A 20,000.00$ N/A 1 M&J General Contractors $930,081.48 N/A 20,000.00$ N/A 6 Persons Services Corp $822,879.00 N/A 20,000.00$ N/A 4 Ryan Construction Inc $789,488.00 N/A 20,000.00$ N/A 3 Sky Living Co $1,147,795.89 N/A 20,000.00$ N/A 7 Vercetti Enterprises $856,770.61 N/A 20,000.00$ N/A 5 BidBidder Page 240 of 303 BEJAR CONSTRUCTION REFERENCES Project Name Multiple Projects Multiple Projects Multiple Projects Multiple Projects Contact Name/Company City of Pembroke Pines Village of Pinecrest City of Plantation City of Sunrise Contact Info Giraldo Hernandez (786)343-1079 Paul Bunker (305)234-2121 Jim Borelli (954)658-4291 Meghan Kaufold (954)292-8920 Date and Time of call August 26th, 2024 at 11:15 AM August 26th, 2024 at 11:20 AM - Transferred to his assistant - Voicemail August 27th, 2024 at 1:40 PM - Voicemail August 26th, 2024 at 11:25 AM - Voicemail August 27th, 2024 at 11:40 PM - Voicemail August 26th, 2024 at 11:25 AM - Voicemail August 26th, 2024 at 11:40 AM - Call from Meghan Brief overview of project Fire Training Facility >$1M Building Storage Warehouse >$1M Fire station Nob Hill Hall renovation Was the work self performed or subbed They hired sub-contractors Mostly self performed, sub-contractor for specialty work Meet Schedule They met schedule They met schedule Would you use again Yes Yes, best contractor they've used Met the budget Yes they met budget They had a few change order due to unforseen circumstances or owner requested changes Project Name Multiple Projects Multiple Projects Multiple Projects Contact Name/Company City of Weston City of Miami Gardens City of Miramar Contact Info Bernard Eugene (954)918-0815 Tuan Pham (305)914-9123 Rohan Green (954)348-8559 Date and Time of call August 26th, 2024 at 11:25 AM - Voicemail August 27th, 2024 at 1:45PM August 26th, 2024 at 11:30 AM - Voicemail August 27th, 2024 at 1:55PM August 27th, 2024 at 2:00PM - Call from Tuan August 26th, 2024 at 11:35 AM Brief overview of project Tennis center: redo building , new courts Park: parking lot, bathrooms, playground, drainage system, reroofing Renovation of main office They finished 3 projects and have 1 upcoming project. Park improvement (<$3M) New building with parking ($2.3M) Amphitiater at the regional park Parks on recreation Was the work self performed or subbed They hired sub-contractors specifics: playground, tennis court They hired sub-contractors They hired sub-contractor for the most part Meet Schedule Some equipment was delayed, but not their fault. Finished one project ahead of schedule, one on time. They met schedule Overall they met schedule. One of the projects was during covid and since some materials were hard to get, the city delayed the project Would you use again Yes Yes, they are using them again now Yes. In fact they're bidding for one of their projects now Met the budget Overall yes. The submitted one change order for the tennis court project. Yes Overall yes. One of the projects was during covid, which led to some cost changes. Bejar Construction, Inc. Bejar Construction, Inc. Additional Notes The owner is great. They are continuosly doing work in Weston. They did a great job.They are very responsive and easy to reach. Additional Notes Best contractor they've ever used. It is owner operated which allows for good communication and quick decisions. They are very honest. The owner is hands on. Page 241 of 303 BEJAR CONSTRUCTION INC - BID PRICING CHECK Pay Item Description Estimated Quantity Unit Unit Price Extended Price 1 Mobilization/Demobilization 1 LS $ 41,002.00 $ 41,002.00 2 Maintenance of Traffic 1 LS $ 4,432.00 $ 4,432.00 3 Storm Water Pollution Prevention Plan 1 LS $ 6,932.00 $ 6,932.00 4 Clearing and Grubbing/Demolition 1 LS $ 41,451.00 $ 41,451.00 5 Site Restoration 1 LS $ 5,802.00 $ 5,802.00 6 Excavation for Dry Retention Area/Backfill 200 CY $ 24.67 $ 4,934.00 7 5 Ft. Concrete Sidewalk (4 in)400 SY $ 57.15 $ 22,860.00 8 Slab Concrete (4 in)25 SY $ 117.00 $ 2,925.00 9 Pavilion Slab Concrete (4 in with Rebar)20 SY $ 117.00 $ 2,340.00 10 Bench 4 EA $ 3,064.00 $ 12,256.00 11 Waste Receptacle 6 EA $ 3,058.00 $ 18,348.00 12 10' H Black Vinyl Coated Chain Link Fence 360 LF $ 99.00 $ 35,640.00 13 6' H X 4' Wide Black Vinyl Coated Chain Link Basketball Court Gate 2 EA $ 1,108.00 $ 2,216.00 14 4' H Black Vinyl Coated Chain Link Fence 710 LF $ 46.00 $ 32,660.00 15 4' H x 12' Wide Black Vinyl Coated Chain Link Maintenance Gate 1 EA $ 5,132.00 $ 5,132.00 16 4' H X 5' Wide Black Vinyl Coated Chain Link Pedestrian Gate 2 EA $ 2,566.00 $ 5,132.00 17 Playground Equipment (inc. sitework)*1 LS $ 10,498.00 $ 10,498.00 18 Exercise Equipment (inc. sitework)*1 LS $ 4,666.00 $ 4,666.00 19 Picnic Table 1 EA $ 3,340.00 $ 3,340.00 20 Small Pavilion Shelter (inc. sitework, labor, & installation)**1 EA $ 13,414.00 $ 13,414.00 21 Basketball Court and Equipment 1 LS $ 57,320.00 $ 57,320.00 22 Player Bench 2 EA $ 689.00 $ 1,378.00 23 1" PE Water Service 145 LF $ 41.00 $ 5,945.00 24 5/8" Water Meter, Meter Box, RPZ 1 EA $ 1,400.00 $ 1,400.00 25 6"x1" Tap 1 EA $ 2,100.00 $ 2,100.00 26 1" Resilient Seated Gate Valve 1 EA $ 1,750.00 $ 1,750.00 27 1"x1" Tee 1 EA $ 875.00 $ 875.00 28 Drinking Fountain and Drywell 1 EA $ 6,678.00 $ 6,678.00 29 Integrated Solar Light Fixture (Includes Pole, Luminaire, Solar Panel & Battery)9 EA $ 15,025.00 $ 135,225.00 30 CCTV Cameras 4 EA $ 3,840.00 $ 15,360.00 31 5G Router 1 EA $ 583.00 $ 583.00 32 20A, 1 Pole, NEMA 3R Fused Disconnect Switch 1 EA $ 6,275.00 $ 6,275.00 33 #12 AWG Copper Conductor 36 LF $ 16.00 $ 576.00 34 CAT-6 Cable 1,200 LF $ 2.05 $ 2,460.00 35 Trenching 1,200 LF $ 6.36 $ 7,632.00 36 3/4" PVC Schedule 40 Conduit 1,210 LF $ 3.00 $ 3,630.00 37 Tree Removal 1 LS $ 7,173.00 $ 7,173.00 38 Palm Relocate 5 EA $ 898.00 $ 4,490.00 39 Crape Myrtle, 'Tuskegee', 2" Cal, 10' HT 3 EA $ 1,161.00 $ 3,483.00 40 Silver Buttonwood, 2" Cal, 10' HT 2 EA $ 1,117.00 $ 2,234.00 41 Floratam St. Augustine Grass 19,500 SF $ 1.17 $ 22,815.00 42 Irrigation - Rotors and Bubblers 19,500 SF $ 1.05 $ 20,475.00 43 Permitting and FPL Allowance 1 AL $ 11,675.00 $ 11,675.00 44 General Requirements (bonds, insurance, etc.)1 LS $ 17,950.00 $ 17,950.00 Total 615,462.00$ Page 242 of 303 City of Dania Beach Public Services Memorandum DATE: 9/24/2024 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 Public Services Director/City Engineer SUBJECT: AUTHORIZATION TO RANK PROFESSIONAL ENGINEERING SERVICES RFQ- 24-012 FOR THE NW 1 STREET COMPLETE STREETS IMPROVEMENT PROJECT Request: The Public Services Department (PSD) is requesting the adoption of a resolution authorizing the approval rank of the consultants for Professional Engineering Design Services for Request for Qualifications (RFQ) 24-012 for the NW 1 Street Complete Streets Improvement Project. Background: The City was awarded $360,264.00 in grant funding through the Florida Department of Transportation in March 2024 for the engineering design of the NW 1st Street Complete Streets Improvement Project. The City issued RFQ 24-012 on June 6, 2024. On July 19, 2024, five firms responded to the RFQ. The Bid Committee, consisting of two Public Services Project Managers and the CIP and Grant Administrator, met on September 6, 2024, to review and evaluate the proposals, which resulted in the top 3 ranking below: CONTRACTOR RANKING SCORE: Kimley-Horn & Associates 281 Keith and Associates, Inc. 276 Chen Moore and Associates 271 The Bid Committee determined that Kimley-Horn & Associates was the most qualified consultant for this project. Budgetary Impact After the City Commission approves the ranking of the design firms assessed, the Bid Committee will negotiate a contract price with the highest-ranked engineering design firm and bring back an agenda item to the City Commission to authorize the contract award. Since the work is funded by the FDOT grant, the City will be reimbursed by FDOT for its costs. Page 243 of 303 Recommendation It is recommended that the City Commission adopt a resolution authorizing the rank of the design consultants for RFQ 24-012 to design the NW 1 Street Complete Streets Improvement Project. Page 244 of 303 RESOLUTION NO. 2024-______ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE RANKING OF CONSULTING FIRMS THAT RESPONDED TO REQUEST FOR QUALIFICATIONS (“RFQ”) NO. 24-012, ENTITLED “DESIGN SERVICES FOR THE NW 1 STREET COMPLETE STREETS IMPROVEMENT PROJECT”, AND SELECTING KIMLEY-HORN & ASSOCIATES AS THE FIRST RANKED FIRM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City was awarded Three Hundred Sixty Thousand Two Hundred Sixty- Four Dollars ($360,264.00) in grant funding through the Florida Department of Transportation (FDOT) in March 2024 for the NW 1st Street Complete Streets Improvement Project for design; and WHEREAS, the City Selection Committee (the “Committee”) was formed to develop a scope of work, solicit and evaluate proposals from firms experienced in this type of specialized work; and WHEREAS, the City issued Request for Qualifications (RFQ) No. 2024-012, on June 6, 2024 to contract with a design consultant for Design Services for streetscape and transportation improvements on NW 1st Street; and WHEREAS, the Committee consisting of two Public Services Department Project Managers, and the CIP and Grants Administrator met on September 6, 2024, to review and evaluate five (5) submittals received on July 19, 2024, at 1:00 p.m.; and WHEREAS, on September 6, 2024, the Committee ranked the three top firms as follows: Consultant Score Rank Kimley-Horn & Associates 281 points 1 Keith and Associates, Inc. 276 points 2 Chen Moore and Associates 271 points 3; and WHEREAS, the Committee recommends the highest ranked firm, Kimley-Horn & Associates for RFQ No. 24-012 be selected for contract negotiations. THIS SPACE INTENTIONALLY LEFT BLANK Page 245 of 303 2 RESOLUTION #2024-______ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1.That the foregoing “WHEREAS” clauses are ratified and confirmed as being true and correct, and they are made a specific part of and incorporated into this Resolution by this reference. Section 2.That the City Commission accepts the ranking of the consulting firms responding to RFQ No. 24-012, entitled “Design Service for the NW 1st Street Complete Streets Improvement Project”, as provided above. Section 3.That the proper City officials are authorized to negotiate an agreement with Kimley-Horn & Associates. If negotiations are unsuccessful, the City can proceed with the next highest ranked respondent, until the list is exhausted, or a contract is negotiated consistent with the terms of the RFQ. 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 ____ ____ SIGNATURE PAGE TO FOLLOW Page 246 of 303 3 RESOLUTION #2024-______ ATTEST: ELORA RIERA, MMC ARCHIBALD J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY Page 247 of 303 City of Dania Beach Community Development Memorandum DATE: 9/24/2024 TO: Mayor and Commissioners FROM: Ana M. Garcia, ICMA-CM, City Manager VIA: Candido Sosa-Cruz, ICMA-CM, Deputy City ManagerEleanor Norena, CFM, DirectorCorinne Lajoie, AICP, Deputy Director SUBJECT: Street co-designation of NW 2nd Street in honor of Mr. Henry N. White, Sr. (FIRST READING). Request: To authorize the street co-designation of NW 2nd Street to Mr. Henry N. White, Sr. Background: On December 25, 1904, Henry N. White, Sr. was born in the City of Dania, becoming the first black baby born in the City. Mr White, Sr. grew up in Dania and worked as a sharecropper, planting and harvesting tomatoes, among other jobs. He also built a home on the corner of NW 2 Street, with his wife Wanetta Mays, where they raised twelve (12) of their thirteen (13) children. Many of Mr. White, Sr.’s descendants, including grandchildren, great grandchildren, and great, great grandchildren still call Dania Beach home. In accordance with Section 22-7A of the City’s Code of Ordinances, the applicant provided a petition signed by at least thirty percent (30%) of the property owners located within a quarter mile of the proposed affected street in support of the co-designation. The background check confirmed that Mr. White, Sr. was in good standing in the community. Due to the requested length of the co-designation, which stretches from NW 4th Avenue to NW 14th Way (approximately 3,105 linear feet), seven (7) signs were posted along the affected right of way, in compliance with the applicable regulations. On September 17, 2024, the City’s Park and Recreation and Community Affairs Advisory Board will discuss this application request. The Board’s recommendation will be presented at the City Commission meeting. Budgetary Impact Cost of background check and public hearing notices to be paid by the City Commission, per Ordinance No. 2024-007. The total cost is $4,115.58 and includes the following: • Private investigator background check - $200.00 Page 248 of 303 • Radius map, mailing list, and posting signs - $3,325 • Public Hearing notices (newspaper and mailed notices) - $590.58 Recommendation Staff is recommending the City Commission approve the street co-designation of NW 2nd Street to Mr. Henry N. White, Sr. Page 249 of 303 ORDINANCE NO. 2024-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PURSUANT TO SECTION 22-7A, OF THE CITY’S CODE OF ORDINANCES; AUTHORIZING CO-DESIGNATION OF A PORTION OF NW 2ND STREET, BETWEEN NW 4TH AVENUE AND NW 14TH WAY, BE KNOWN AS “NW 2ND STREET/HENRY N. WHITE, SR. STREET”, AFTER HOLDING TWO PUBLIC HEARINGS, AND AFTER A 4/5 VOTE OF THE ENTIRE CITY COMMISSION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 22-7A, of the City of Dania Beach’s Code of Ordinances, the City Commission may, by resolution, adopt after a public hearing a co-designation of any local road, street, subdivision street or alley (referred to as "street" in this section) within the city limits; and WHEREAS, all streets shall retain their current names as a co-designation; and WHEREAS, pursuant to the City’s criteria, the applicant submitted the original copy of a petition which clearly states, on each page containing petition signatures, the full intent of the petition, which is signed by the owners of fifty (50) percent of the properties which front on, back on, or have a mailing address containing the name of the affected street; and WHEREAS, the application was reviewed for completeness and submitted to the City's Parks, Recreation and Community Affairs Advisory Board for review and recommendation prior to submission to the city commission for consideration; and WHEREAS, on September 17, 2024, the Board reviewed the application against the City’s criteria and recommended to approve the co-designation request, with the attested signatures for the petition; and WHEREAS, the City Commission is also to review the criteria and make a final decision on the application based on the following criteria: (1) Whether or not the request is proposed to co-designate the name of a local street. (2) Whether or not the name requested is already being utilized in the immediate or surrounding neighborhoods, other parts of the city, Broward County or both. (3) Whether the requested segment of a particular street to be co-designated will cause confusion when the segmentation is not created by a natural landform or waterway. Page 250 of 303 2 ORDINANCE #2024-______ (4) Whether or not the name requested is perceived to be immoral or offensive to a portion of the City's citizenry. (5) Whether or not the street requested to be co-designated has an existing co- designation (no more than one co-designation should be authorized). (6) Whether or not the applicant has met the requirements referenced in this Code and have the support of the surveyed and affected property owners. (7) Whether or not the street or the existing name of the street requested to be co- designated has significant historical value to the City. (8) If named after a person, the person must be retired from his or her principal career, be without a conviction of a crime of moral turpitude, a felony, or have a fraudulent, immoral, or offensive history. (9) If named after a corporation, the corporation, or other non-natural person, must have a reputation without a criminal, fraudulent, immoral or offensive history; and WHEREAS, posted and mailed notification of the proposed street co-designation was issued on September 5, 2024, consistent with the requirements of section 610-20, of the Land Development Code (LDC), to property owners within 1,000 feet apart, between the two street ends and at all intersections with principal arterial roadways, as defined by the City; and WHEREAS, on December 25, 1904, Henry N. White Sr. was born in the City of Dania Beach, becoming the first black baby born in the City; and WHEREAS, Henry N. White, Sr. worked as a road construction worker and as a sharecropper, planting and harvesting tomatoes; and WHEREAS, Henry N. White, Sr. and his wife Wanetta Mays built a small house on the corner of 705 N.W. 2nd Street, where they raise 12 of their 13 children; and WHEREAS, many of Henry N. White, Sr. descendants including grandchildren, great grandchildren and great, great grandchildren, still call Dania Beach home. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1.That the preceding “WHEREAS” clauses are ratified and incorporated as a record of the legislative intent of this Ordinance. Page 251 of 303 3 ORDINANCE #2024-______ Section 2. That the City Commission of the City of Dania Beach, after a vote of 4/5 of the entire commission, establishes that a portion of NW 2nd Street, between NW 4th Avenue and NW 14th Way, be named and be known as “NW 2ND Street/Henry N. White, Sr. Street”. Section 3. The City shall be responsible for providing notice of any approved changes to the City’s Fire Department, Police Department (Broward Sheriff’s Office District II Office,) the United States Postal Service, the Broward County Property Appraiser’s and Tax Collector’s offices and other applicable governmental agencies and shall bear the cost of installation of the signs. Section 4.That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 5.That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 6.That this Ordinance shall be effective 10 days after passage. PASSED on first reading on , 2024. PASSED AND ADOPTED on second reading on _______________________, 2024. First Reading: Motion by: _________________________________ Second by: _________________________________ Second Reading: 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 ____ ____ Page 252 of 303 4 ORDINANCE #2024-______ ATTEST: ELORA RIERA, MMC ARCHIBALD.J. RYAN IV CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. 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