On the agenda: Deerfieldbeachfl Regular City Commission Meeting — license plate reader (May 5)
Past ⚠ Agenda Watch Deerfield Beach, Florida · Tuesday, May 5, 2020 — 6 years ago
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Regular City Commission
Meeting Agenda
150 NE 2nd Avenue | Deerfield Beach, FL, 33441 | 9544804200
Mayor Bill Ganz
Vice Mayor Bernie Parness
District 1 Commissioner Michael Hudak
Tuesday
District 2 Commissioner Ben Preston
May 5, 2020
District 4 Commissioner Todd Drosky
7:00 PM
Page 1 of 124
Regular City Commission Meeting Agenda
May 5, 2020
CALL TO ORDER & ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF CITY COMMISSION MINUTES
Regular City Commission Meeting Minutes
Attachment:
April 21, 2020
ACKNOWLEDGEMENT OF CITY BOARD MINUTES
Community Redevelopment Agency Meeting Minutes
Attachment:
December 10, 2019
APPROVAL OF THE AGENDA
May 5, 2020
ZOOM MEETING
Page 2 of 124
Regular City Commission Meeting Agenda
May 5, 2020
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PUBLIC HEARINGS – SECOND READING
1. P.H. 2020047: ORDINANCE 2020/ AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DEERFIELD BEACH, AMENDING ARTICLE X "LOBBYIST REGISTRATION
REQUIREMENTS" OF CHAPTER 2 "ADMINISTRATION"; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Suggested Action: Commission to vote on Ordinance
Voting Requirement: Adoption requires a 3/5 vote of the City Commission
Sponsor: Office of the City Clerk
Attachment: Lobbyist Registration Requirements
Page 3 of 124
Regular City Commission Meeting Agenda
May 5, 2020
PUBLIC COMMENT
Persons addressing the Commission shall state his/her name and address and may speak for three (3) minutes unless
extended for one (1) additional minute by the Mayor. All remarks made by the public at a Commission meeting on an
agenda item shall be addressed to the Commission as a body and limited to the subject matter before the Commission
at that particular time. No comments shall be made related to the personal life or personal qualities of any person and
no language which would offend persons of ordinary sensibilities shall be permitted. The public shall be given an
opportunity to speak on any substantive agenda item, subject to the aforementioned restrictions, prior to a vote on the
matter by the City Commission. The Commission shall determine the appropriate time, prior to the vote, for the public
to speak. For consent agenda items, the public shall be given an opportunity to speak prior to the approval of the
consent agenda. The Commission may, by majority vote, determine that public input on an agenda item be tabled to a
future meeting so long as the vote on the agenda item take place at the future meeting and that the public input take
place prior to the Commission making any decision.
CONSENT ‑ AGREEMENTS & EXPENDITURE REQUESTS
2. Resolution 2020/ A Resolution of the City Commission of the City of Deerfield Beach,
Florida, approving the award of ITB #2012JW for laptops and associated products to
TSI Aviation, Inc.; authorizing the purchase of laptops and associated products from TSI
Aviation, Inc. in an amount not to exceed $111,142.20; and providing for an effective date.
(Funds from Account #00105005133965 Central Services Computer Replacement)
Suggested Action: Commission to vote on Resolution
Voting Requirement: Adoption requires a 3/5 vote of the City Commission
Sponsor: Department of Information Technology
Attachment: TSI Aviation, Inc
Page 4 of 124
Regular City Commission Meeting Agenda
May 5, 2020
3. Resolution 2020/ A Resolution of the City Commission of the City of Deerfield Beach,
Florida, approving the 2020 Amendment to the Interlocal Agreement with Broward
County for distribution of the proceeds of the ThreeCent Additional Local Option Gas
Tax on Motor Fuel; authorizing execution of the 2020 Amendment; providing for
severability and an effective date.
Suggested Action: Commission to vote on Resolution
Voting Requirement: Adoption requires a 3/5 vote of the City Commission
Sponsor: Department of Financial Services
Attachment: ThreeCent Gas Tax
4. Resolution 2020/ A Resolution of the City Commission of the City of Deerfield Beach,
Florida, approving the 2020 Amendment to the Interlocal Agreement with Broward
County for distribution of the proceeds of the FifthCent Additional Local Option Gas Tax
on Motor Fuel; authorizing execution of the 2020 Amendment; providing for severability
and an effective date.
Suggested Action: Commission to vote on Resolution
Voting Requirement: Adoption requires a 3/5 vote of the City Commission
Sponsor: Department of Financial Services
Attachment: FifthCent Gas Tax
DEPARTMENTAL BUSINESS
5. Resolution 2020/ A Resolution of the City Commission of the City of Deerfield Beach,
Florida, approving the submission of applications to the Broward County Mobility
Advancement Program for Transportation Surtax Funds to provide funding for the SE
13th Avenue and SE 15th Avenue Bridges Rehabilitation Projects; and providing for an
effective date.
Suggested Action: Commission to vote on Resolution
Voting Requirement: Adoption requires a 3/5 vote of the City Commission
Sponsor: Department of Environmental Services
Attachment: Mobility Advancement Program
Page 5 of 124
Regular City Commission Meeting Agenda
May 5, 2020
COMMENTS BY ADMINISTRATION & LEGAL
COMMENTS BY MAYOR & CITY COMMISSION
ADJOURNMENT
FUTURE CITY COMMISSION MEETINGS
Tuesday, May 19, 2020
Any person wishing to appeal any decision made by the City Commission with respect to any
matter considered at such meetings or hearings will need a record of the proceedings, and for
such purposes may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and the evidence upon which the appeal is made. The above
notice is required by State Law (F.S. 286.0105). Anyone desiring a verbatim transcript shall
have the responsibility, at his/her own expense, to arrange for the presence of a certified court
reporter at the hearing.
Page 6 of 124
Meeting Minutes
City Commission
7:00 PM
Tuesday, April 21, 2020
Commission Chambers
CALL TO ORDER AND ROLL CALL
The meeting was called to order on the above date by Mayor Bill Ganz at 7:04 p.m., in the City Commission Chambers,
City Hall, Deerfield Beach.
Present:
5 – Commissioner Todd Drosky
Commissioner Michael Hudak
Commissioner Ben Preston
Vice Mayor Bernie Parness
Mayor Bill Ganz
Also Present:
3 – City Manager David Santucci
City Attorney Anthony Soroka
City Clerk Samantha Gillyard
Commissioner Preston was present during roll call, but couldn’t respond due to technical difficulties.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Vice Mayor Parness.
APPROVAL OF CITY COMMISSION MEETING MINUTES
Regular City Commission Meeting Minutes – April 7, 2020
MOTION was made by Commissioner Hudak, seconded by Vice Mayor Parness, to approve the minutes as submitted.
Voice Vote:
Yeas:
4 - Commissioner Drosky, Commissioner Hudak, Vice Mayor Parness and Mayor Ganz
Nays:
0
Commissioner Preston did not have audio and was not included in the vote.
City of Deerfield Beach
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APPROVAL OF CITY COMMISSION AGENDA
April 21, 2020
MOTION was made by Commissioner Hudak, seconded by Vice Mayor Parness, to approve the agenda as submitted.
Voice Vote:
Yeas:
4 - Commissioner Drosky, Commissioner Hudak, Vice Mayor Parness and Mayor Ganz
Nays:
0
Commissioner Preston did not have audio and was not included in the vote.
PUBLIC COMMENT
There were no comments from the public.
CONSENT – BOARD APPOINTMENTS
1. Resolution 2020/046 - A Resolution of the City Commission of the City of Deerfield Beach, Florida,
appointing Sally Ling to the Historic Preservation Board; and providing for an effective date.
The Resolution was read by title only.
Mayor Ganz opened the public hearing; however, there were none to speak and the public hearing was closed.
Commissioner Drosky said he has multiple residents in his district with a rich history, whereas, Ms. Ling is a noted
author and wrote a book about the City’s history; therefore, he fully supports her as per his nomination.
Commissioner Preston activated audio shortly before the vote on Item 1.
MOTION was made by Commissioner Hudak, seconded by Vice Mayor Parness, to approve Item 1, adopted Resolution
2020/046. Roll Call:
Yeas:
5 - Commissioner Drosky, Commissioner Hudak, Commissioner Preston, Vice Mayor Parness and Mayor
Ganz
Nays:
0
CONSENT - AGREEMENTS & EXPENDITURE REQUESTS
2. Resolution 2020/047 - A Resolution of the City Commission of the City of Deerfield Beach, Florida,
approving a Grant Agreement with the State Division of Emergency Management for the City's receipt of
grant funds related to Hurricane Irma disaster debris removal and other disaster related emergency
measures in the amount of $2,249,910.97; authorizing execution of the Grant Agreement; and providing
for an effective date.
The Resolution was read by title only.
Mayor Ganz opened the public hearing; however, there were none to speak and the public hearing was closed.
There was no discussion amongst the Commission.
City of Deerfield Beach
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CONSENT - AGREEMENTS & EXPENDITURE REQUESTS – CONTINUED
MOTION was made by Commissioner Hudak, seconded by Vice Mayor Parness, to approve Item 2, adopted Resolution
2020/047. Roll Call:
Yeas:
5 - Commissioner Drosky, Commissioner Hudak, Commissioner Preston, Vice Mayor Parness and Mayor
Ganz
Nays:
0
3. Resolution 2020/048 - A Resolution of the City Commission of the City of Deerfield Beach, Florida,
authorizing the purchase of a license plate reader camera system, software and related equipment from
Vetted Security Solutions, LLC, in the amount of $277,170.00 utilizing Law Enforcement Trust Funds;
providing for execution, severability and an effective date.
The Resolution was read by title only.
Mayor Ganz opened the public hearing; however, there were none to speak and the public hearing was closed.
Commissioner Drosky spoke in support of the item and explained that the equipment is not supplied universally;
therefore, costs are more than expected. Further, the equipment has to be compatible with existing equipment; as it
is in use 24/7 and is commercial grade.
In response to Commissioner Hudak’s question, David Santucci, City Manager, replied yes, the new system is
compatible with the existing system.
MOTION was made by Commissioner Hudak, seconded by Vice Mayor Parness, to approve Item 3, adopted Resolution
2020/048. Roll Call:
Yeas:
5 - Commissioner Drosky, Commissioner Hudak, Commissioner Preston, Vice Mayor Parness and Mayor
Ganz
Nays:
0
4. Resolution 2020/ - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving
the Evaluation Committee's ranking of proposals pursuant to Request for Proposals #20-02-PC for
Design-Build Construction Services for the Center of Active Aging; authorizing the City Manager to
commence contract negotiations with Seawood Builders, LLC, the top ranked firm; providing for
severability and an effective date.
The Resolution was read by title only.
Anthony Soroka, City Attorney, said last Monday, he received a letter alleging the campaign contribution disclosure
form submitted by the top ranked proposer was insufficient and after review, he issued a memo which is included in
the backup. Also, he spoke with the Elected Officials individually about their options based on the City’s Code.
Furthermore, he received a memo from counsel of Seawood Builders in response to his memo, which was provided
to the Clerk today.
Samantha Gillyard, City Clerk, advised that the memo was being e-mailed at Mr. Soroka’s request.
Mr. Soroka said there was a cone of silence in effect, thus, staff had to wait to send the information to the Commission.
Seawood’s counsel is on the line and would like to present their position; notwithstanding, the memo will be made a
part of the record of the agenda item.
City of Deerfield Beach
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CONSENT - AGREEMENTS & EXPENDITURE REQUESTS – CONTINUED
Mayor Ganz opened the public hearing.
Ms. Gillyard provided an overview of the e-mails received in connection with Item 4.
Alice Taylor, CEO Broward Health North, supporting Ed and Betty Masi, as well as the project.
Richard Hopper, 409 Goolsby Boulevard, Deerfield Beach, supporting Seawood Builders and the project. He
further advised that an oversight of campaign contributions should not have any bearing on the proposal.
Dave Noderer, no address provided, supporting Betty Masi and Seawood Builders.
Adam Corin, 1500 E. Hillsboro Boulevard, Suite 206, Deerfield Beach, supporting Betty Masi and Seawood
Builders; he also recognized her integrity and character.
Rick Jorden, 111 Jim Moran Boulevard, Deerfield Beach, supporting Seawood Builders for the project and outlined
his experiences with Ed and Betty Masi.
Jeff Anderson, Stor-All, 141 SE 1st Street, Deerfield Beach, supporting Seawood Builders for the project and Betty
Masi. He also asked that there not be any backlash for not listing the political contribution.
Audra Durham, Director of Sales & Marketing, Wyndham, 2096 NE 2nd Street, Deerfield Beach, supporting Betty
for the project, as well as her dedication and passion for the City.
Glenn Sullivan, 2377 Deer Creek Trail, Deerfield Beach, asked that the bid be rejected for insufficiency in the bid
response. He made several suggestions: approve the second bidder, reject all bids and restart, City Commission to
re-rank the second and third bidders or send ranking back to the evaluation committee.
Lastly, Ms. Gillyard advised that the campaign contributions are outlined in the agenda backup.
Scott Backman, 14 SE 4th Street, Boca Raton, representing Seawood Builders, provided an overview of the bid
process for the design-build contract for the Center for Active Aging, whereas, Seawood responded last March and
the submittal included a list of several campaign contributions which was required in the RFP application, as well as
the City’s Code. Upon the initial submittal package, the evaluation committee selected Seawood as one of three
responsive bidders that moved into the second phase of the RFP process. Seawood is the top responding and
qualified bidder, as the backup reflects, by more than 100 points and over half a million dollars lower than the second
ranked qualified response. Mr. Backman commented on allegations submitted last week and Betty Masi receiving a
call from the New Pelican regarding this issue, that a single contribution was left off. After checking the files, the
clerical error was discovered and although three (3) contributions were noted, one (1) was left off. He said there were
contributions from Ed and Betty Masi individually and a contribution from Seawood both to a commissioner’s
campaign. One was disclosed, but one was not.
Continuing, Mr. Backman said there was nothing done intentionally as it relates to the backup associated with the
issue. The Commission is faced with deciding whether this clerical oversight of one (1) out of four (4) campaign
contributions is what the Code calls a minor irregularity versus something egregious in a finding that Seawood
attempted to improperly influence the outcome of the RFP process. Giving those things, it is instrumental in the
decision that will be made this evening. Thereafter, he explained what a minor irregularity refers to; a variation from
the competitive solicitation which does not affect the proposed price or give the offeror an advantage or benefit not
enjoyed by other offerors or does not adversely affect the fundamental fairness of the competitive solicitation process.
This is the definition in the City’s Code and based on the facts presented, none of the circumstances exist. Mr.
Backman continued to outline various aspects of the Code related to conflicts of interest, impropriety in the
procurement process, kickbacks and others that would influence the outcome of the procurement; none of those
circumstances exist. He advised that the campaign contributions are provided through the campaign treasurer’s
report and is a matter of public record and can be found in the Clerk’s Office. He said it is their position that the
missing information can only be viewed as a minor irregularity as defined by the City’s Code, and according to Section
138-130 [s/b 38-130] giving the City Commission full discretion to waive minor irregularities. Lastly, Mr. Backman
provided a brief history of Ed & Betty Masi’s contributions and time in the City and that with all their years in the City,
City of Deerfield Beach
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they have never been selected as a general contractor on a City contract.
Betty Masi, 1617 SE 6th Street, Deerfield Beach, said she and her husband have lived and worked in the City for
35 years and their company, Seawood Builders, has been here for about the same amount of time. She said this was
supposed to be a simple consent agenda item; wherein, little to no discussion was presumed. Nevertheless, Seawood
was ranked #1 by over 100 points and offered a bid $550,000 less than the #2 ranked firm. There would not have
been much to discuss except the Center for Active Aging being a great project for the City with a highly regarded local
contractor doing the work. She said she never imagined that a single search on her accounting database, which
provided the wrong answer, would have led to a discussion about her, her husband and their company’s moral
character. It is unfathomable that their company may be disqualified because of a clerical error; it would be a harsh
disproportionate punishment for an error. While Seawood disclosed campaign contributions, they failed to list one (1)
due to oversight; however, there was no unfair advantage over the offerors. Had the additional $500 campaign
contribution been listed, it would not have changed the outcome. Ms. Masi explained that there was no reason to
hide a single contribution, but the disruption is celebrated by very few who would like to destroy this opportunity. In
closing, she said they are here for the long haul, always working to make the community they live, work and play the
best it can be.
Mayor Ganz closed the public hearing.
Vice Mayor Parness said he did not receive a contribution from Betty Masi or Seawood Builders and his comments
have no reflection on anyone who did. He outlined the possible decisions the Commission could make based on a
mistake; however, he does not want to send a message that the Commission are sticklers and unfriendly to
businesses that have been in the City for years, as it may discourage other businesses from working with the City.
This is not a major violation or attempt to deceive the City, but a clerical error. Therefore, he suggested awarding the
contract to Seawood, as it will save half a million dollars and because they were 100 points higher than the other
bidders.
Commissioner Preston said this is a tough situation, but the Commission must consider what is right. Although there
is no nefarious act, there is a process in place and with this bid, there are three (3) bidders, whereby, the Commission
can consider the other bidders in an effort to move forward. Thereafter, he commented on various measures the
Commission may take; awarding the contract, start the process over or award the next bidder. Nevertheless, the
Commission must think about the residents.
Commissioner Hudak said he has thoroughly researched this topic and if the contract is awarded to the second bidder,
it will cost the taxpayers $500,000; therefore, that is not the proper course of action. He said he was informed that
the other applicants [bidders] had not responded that they were not given a fair opportunity and asked if that were still
accurate.
David Santucci, City Manager, replied that to the best of his knowledge, no correspondence has been received from
the other bidders.
Commissioner Hudak said they are the most adversely affected in this situation and did not see fit to bring forth any
claims. Commissioner Hudak said he does not believe Seawood Builders received an unfair advantage by not
disclosing a campaign contribution. He said he does not know of any corporation that would intentionally hide a $500
campaign contribution to lose a potential $11.5 million bid. He commented on the memo received from the City
Attorney and asked that it be discussed to determine why mechanisms were implemented and whether the error falls
under an ethical violation or a clerical error.
Commissioner Drosky said the City Attorney’s memo outlines four (4) options; however, there is not an option for the
City Manager to negotiate with the second bidder to take the first bidder’s price as it is not an option per the City’s
Code. Thereafter, he listed the options: 1) approve the recommendation of the evaluation committee; 2) reject all
bids; 3) City Commission re-rank proposals; or 4) send back to evaluation committee for further review. Commissioner
Drosky said he does not favor approving the recommendation because of the City’s Code of Ethics which is the
strongest in Broward County. He said he cannot overlook the error even though it was minimal and unintentional in
his view. Additionally, he objected to option 3 because he sat on the audit committee when the City auditor was being
selected and the amount of information involved in these selections is extremely voluminous. Whereas, re-ranking
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without having reviewed the information in detail is not fair to any of the applicants and is an injustice to the process.
Option 4 would not accomplish much as the committee is not in tune with myriad concerns ethically or politically and
would most likely to the point system stick. Though option 2 is not high on his list, he is not in favor of spending an
additional half million to prove a point.
Continuing, Commissioner Drosky said if the bids are redone, there is no guarantee that the number one applicant
would be first again. Additionally, there may be more applicants than the three (3); whereby, the bid for the Tigner
Center closed in March and there were six (6) bidders. Moreover, with the economy, private firms may potentially
want to bid as it is hard to find work in the private sector. In closing, Commissioner Drosky asked that options 2 and
4 be further discussed.
Mr. Soroka provided excerpts from the City’s Code regarding procurement practices and ethics. He said after
reviewing the documents outlined in his memo, he did not find any evidence of deceit or intentional misconduct by
anyone. As such, the direction he is providing abides by the City Code. The campaign disclosure requirement in
Section 2-505(a) requires that any applicant submit a disclosure listing campaign contributions to all sitting
commissioners from the past four (4) years as well as contributions of any individual members of an LLC. It is his
opinion based on the evidence, that for a particular contribution to the Mayor, two (2) payments should have been
disclosed instead of one (1) and it was acknowledged that it was a clerical error. Section f states that failure to
disclose shall be a violation of the ethics code and shall be grounds for the City Commission to void or rescind any
approval or contract.
Continuing, Mr. Soroka said regardless of whether it was intentional or not, there is no distinction in the Code between
intention or gravity and Section f indicates it is a violation of the Code. If voiding or rescinding were the only provision
in the Code to address a violation, he would agree it is grounds, but there are additional provisions which he outlined.
Section 38-141(2) states that the City shall not execute a contract if there has been a violation of this section, any
ethics provision of a procurement solicitation, or any local, state or federal law, including but not limited to a number
of stipulations. Further, Mr. Soroka said he agrees with Mr. Backman that the violation is not outlined in 38-141(2) af (see attached) and may not rise to that level or be egregious; however, he is limited to what is in the Code and the
reasonable interpretation. Whereby, it states the City shall not execute a contract if there has been a violation of any
ethics provision for procurement solicitation for any local law. He advised that the four (4) options provided to the
Commission are derived from Section 38-127(4)(e); option 4, though not numbered, is the last line of the section
which reads “the City Commission reserves the right to re-rank in accordance with Section 38-130”. In closing, Mr.
Soroka reiterated the options for the Commission and said if the Commission determines there has been a violation
of 2-505, that the contract should not be entered into. Thereafter, he entertained questions of the Commission.
After a brief Q&A with Vice Mayor Parness, Vice Mayor Parness recommended starting the process from scratch as
he does not think it’s appropriate to remove a bidder and not provide an opportunity to correct the mistake which
would be accomplished by a new bid and save a half million dollars over the next bidder. Thereafter, he motioned to
reject all bids.
Commissioner Hudak referenced the excerpts provided by Mr. Soroka, specifically Section 2-505(2)(f) which states
“failure to disclose in compliance with this section shall be a violation of the ethics code and shall be grounds for the
City Commission to void or rescind any approval or contract”.
Mr. Soroka explained his understanding of Commissioner Hudak’s stance; however, in Section 38-141(2), the Code
outlines any violation of local law, ethics or procurement solicitation, the City shall not execute a contract. In Mr.
Backman’s opinion, they don’t believe 38-141 is not applicable.
Commissioner Hudak asked if the vote by the Commission should be based on their belief that it is an ethical violation.
Mr. Soroka said that is not the only option, and if the Commission feels the proposer violated 2a, it is his opinion that
a contract should not be entered into based on the provision he outlined.
Mayor Ganz said the omission was a campaign contribution to him. Thereafter, he commented on Deerfield Beach
officials being removed from office by the Governor in 2008/2009, which is when there were ethical issues. He
explained that the attack is not about ethics or morals but is political. Nevertheless, Mayor Ganz said a mistake was
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made and believes it to be honest based on the Masi’s character; however, it is a violation of the ethics code. There
were situations in the past where the ethics in the City were a joke and many things were going on which is why he
supported the ethics code. Though this was a technical error, and not unethical, it’s still a violation. He said he would
have a hard time moving forward and just rejecting; nevertheless, with the options provided, he cannot agree with
approving it. Mayor Ganz said the rules are written to do what is in the best interest of the residents and taxpayers;
therefore, throwing out almost $550,000 on a legality is not practical.
Continuing, Mayor Ganz said three (3) firms came forward in good faith and while one firm has been attacked it is
only because the firm supports him and others on the Board. Mayor Ganz said he does not believe re-ranking will
make a difference, as the second firm would likely be selected, but they are a half million dollars higher than the first
ranked. In light of these conditions, Mayor Ganz said the bid process should be restarted. Mayor Ganz said the
attacks against the Masi’s must stop as people have asked why local firms do not bid on projects and provisions were
added to encourage participation. He commented on the character assassination on the Masi’s contributions to the
City as well as the belief that there is something nefarious happening with him and the Masi’s. The contributions
provided by the Masi’s is outlined in the campaign treasurer’s reports which are online, whereby, they are not trying
to hide anything but made a clerical error. Mayor Ganz recommended going back out to bid as it would be in the best
interest of the residents. Lastly, he explained how important the Center for Active Aging is as it provides care for 200
people and is in need of renovations.
Prior to the vote, Commissioner Drosky asked if all the bids are rejected, would others be allowed to bid.
Mr. Soroka said if no condition is being added, it would be a new open solicitation.
Vice Mayor Parness said the more people that bid the better chance at saving money for the City.
There was a brief discussion clarifying the motion and whether a new proposal would be open to all or the only three
(3) original bidders.
Vice Mayor Parness clarified that his motion was meant to start a new process and open bids for all.
Commissioner Preston expressed concern with restarting the process as there are other bidders who did their due
diligence and it does not appear that those bidders are being considered in the process. Nevertheless, he
understands the consideration due to the price of the bid.
Mayor Ganz said over $500,000 and 100 points separates the first and second bidder and if they were asked to get
their price closer, it is a lot to ask as it is likely they would have cut it when the bid was submitted. Further, negotiating
down the line would be unfortunate for everyone and he would rather inconvenience those involved in the process
instead of shortchanging the public.
Mr. Santucci said there is an option to just go back out for the RFP and not both the RFQ and RFP. He explained that
the original RFQ was done first because at the time of releasing the RFQ, staff did not have the complete design
criteria package and saved time during that process by getting the prequalifications completed while the design criteria
package was being finalized. When the RFQ was being approved by Commission, the RFP was ready to go out at
that time. It would be feasible to be quicker in the RFP process if the Commission chooses that direction.
Commissioner Preston agreed with Mayor Ganz that the residents should not be shortchanged; nevertheless, there
is a process in place and no one knows what will happen if the project is rebid. He asked if the City has any leverage
in regard to the other remaining companies.
Mr. Soroka clarified that the question is finding out if the second bidder can close the gap on the $500,000. He replied
that there is no way of knowing if the second bidder will reduce their price. If the motion passes, the second bidder
could resubmit and possibly lower their price then.
Mayor Ganz responded to questions and comments posed by Commissioner Preston; however, he does not agree
with leveraging someone to cut their price. Also, he said the best solution to the problem presented is to restart the
process as competition is always a good thing.
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Commissioner Drosky said while he understands Commissioner Preston’s comments and sympathizes with the other
bidders. He asked Commissioner Preston what he recommends, as there are four (4) distinct options and trying to
ask the bidder to reduce their price was not included. Due to the strong ethics ordinance, that option was left out to
uphold the Commission’s ethics which would be disrupted if it were allowed to skip the first ranked and go to the
second for any reason.
Commissioner Preston opined that the remaining bidders should be a part of the conversation and moving forward
pushes them aside and takes them out of the process. However, if the process starts over, there will be a ranking
system and if something happens, they will not be a part of the conversation.
Vice Mayor Parness said the Code does not outline what Commissioner Preston suggested. Though it provides
options, it outlines what is best for the residents. Thereafter, Vice Mayor Parness asked to call the question.
MOTION was made by Vice Mayor Parness, seconded by Commissioner Hudak, to reject all proposals and direct staff
to issue a new solicitation. Roll Call:
Yeas:
5 - Commissioner Drosky, Commissioner Hudak, Commissioner Preston, Vice Mayor Parness and Mayor
Ganz
Nays:
0
DEPARTMENTAL BUSINESS
5. ORDINANCE 2020/ - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH,
AMENDING
ARTICLE X "LOBBYIST REGISTRATION REQUIREMENTS" OF CHAPTER 2
"ADMINISTRATION"; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
The Ordinance was read by title only.
Mayor Ganz opened the public hearing; however, there were none to speak and the public hearing was closed.
Anthony Soroka, City Attorney, said the Ordinance was prepared to update the City’s code to reflect consistency with
the County’s ethics and lobbyist registration requirements and the City’s use of the electronic lobbying contact log
system which has been used for a number of years, and is operational through software.
MOTION was made by Commissioner Hudak, seconded by Commissioner Preston, to approve Item 5 on first reading.
Roll Call:
Yeas:
5 - Commissioner Drosky, Commissioner Hudak, Commissioner Preston, Vice Mayor Parness and Mayor
Ganz
Nays:
0
COMMENTS BY ADMINISTRATION AND LEGAL
CITY MANAGER
COVID-19 – David Santucci, City Manager, said it appears that people are becoming eager with getting things back
to the new norm. The federal government has come out with a Reopen America phased approach which gives each
state a lot of leeway on how to accomplish reopening, as every state has unique conditions. The Governor has put
together a task force to talk about how to reopen and what it looks like while the COVID virus is ongoing, but still
functioning as an economy and community. Locally, those plans are underway, so what is being referred to as the
quad-counties, Monroe, Miami-Dade, Broward and Palm Beach Counties, are all communicating to devise a phased
plan and what it will look like.
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COMMENTS BY ADMINISTRATION AND LEGAL – CONTINUED
Continuing, Mr. Santucci said the beaches in Jacksonville have reopened, but Deerfield Beach is vastly different than
Duval County as their cases are at 901 and Broward County has over 4,000 cases at this point. Therefore, what is
in the best interest of this area is being considered along with close coordination with other counties so there is a
unified regional approach as to what is reopened and when. There will be nuances in the City to address, but will be
done in unison with neighbors and coordination with other city administrators, as well as the departments. The
planning process in underway, but expectations should be managed as this will not occur within a week or two as
there is no time table. Reopening is not based on time, but on the number of cases and what the curve looks like as
it must be downward in order to move forward through phasing.
Additionally, Mr. Santucci said if there is abuse or people not paying attention to the restrictions throughout the phases,
and numbers begin to escalate, the City will revert back. It is a cautious approach and is not based on what is an
essential business, but is viewed from a perspective of risk. Businesses as it relates to social distancing and what
COVID means has different sets of risks and circumstances that must be addressed to open and under different
circumstances as it was prior to the virus.
CITY ATTORNEY – No Report.
COMMENTS BY MAYOR AND CITY COMMISSIONERS
COMMISSIONER HUDAK
DISTRICT 1
COVID-19 – Commissioner Hudak said two weeks ago the University of Washington projected that the State of Florida
would have over 1,000 deaths from the virus and as of this morning there are 839. Commissioner Hudak continued
to outline the number of deaths resulting from the virus, the previous case totals and increase of current cases since
the last City Commission Meeting: 556 deaths; the State has over 27,000 cases an increase of 12,991; Miami-Dade
- 909,840, an increase of 4,843; Broward County - 4,149 cases, an increase of almost 2,000; Palm Beach County 2,296, an increase of 1,160; Duval County, had a total of 901 cases with over 957,000 residents. Other data included
Fort Lauderdale: 922 cases with a population of 182,000 people. He explained that Deerfield Beach is different than
Duval and while he understands the residents want to open the beach, patience is needed. He also commented on
Deerfield Beach having 86 cases, an increase of 51 since the last meeting. Nevertheless, it is lower than Boca Raton,
Delray Beach and Pompano Beach. He thanked the residents as their actions are working, but asked that they
continue to be patient.
Business Assistance - Commissioner Hudak thanked Ace Hardware, Winn Dixie and Publix for helping the first
responders as they have done special things for them.
Candle of Hope – Commissioner Hudak said the Candle of Hope is by Hillsboro and Federal Highway, which was
presented by a local artist Tony Vilavoca to support the first responders. He said the first responders are doing a
tremendous job and thanked them for keeping everyone safe. Lastly, he encouraged everyone to remain strong.
COMMISSIONER PRESTON
DISTRICT 2
Online Church Services – Commissioner Preston thanked the district churches for having online services, including
bible study. He thanked them for following the rules and encouraged everyone to follow the social distancing
guidelines.
COVID-19 – Commissioner Preston said there is still a lot that is being unveiled, but said there will be a new normal.
He then commented on two (2) parents serving as first responders who lost their 5-year old daughter due to the
virus. He said it is very serious and at some point, there will be a new normal. Further, the City is doing a good job
dealing with the virus. He also asked that everyone support City staff as they are doing as much as possible, as
well as the local businesses because of their loyalty and the difficulties they face. In closing, Commissioner Preston
said everyone will get through this difficult period and thanked his colleagues, City Manager, and City Clerk as they
are doing a great job.
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COMMENTS BY MAYOR AND CITY COMMISSIONERS – CONTINUED
VICE MAYOR PARNESS
DISTRICT 3
Compliance Issues – Vice Mayor Parness said certain businesses are allowing people to enter without masks,
whereas, larger businesses are enforcing face coverings as no one knows who is or is not sick. The law needs to be
enforced as people who do not believe they are sick could possibly endanger others.
COVID-19 Testing – Vice Mayor Parness said testing is available by appointment at the Festival Flea Market; the
average waiting time is only 20 minutes per car. It is important that if someone is not feeling well or someone you
know to get tested. He discouraged going to an emergency room as it is possible to get sicker there than staying
home.
COMMISSIONER DROSKY
DISTRICT 4
CDC Guidelines – Commissioner Drosky thanked every resident for following the orders to stay at home and using
face coverings.
Local Businesses – Commissioner Drosky also encouraged the support of local businesses and though it is a sacrifice,
it doesn’t go unnoticed.
Thank You – Commissioner Drosky thanked the first responders and those who are serving during this challenging
time. He also thanked the Commission for being studious and contributing to the topics discussed this evening.
Saturday Office Hours – Commissioner Drosky said he is accepting phone or Zoom appointments on Saturday, May
2, 2020; he provided his e-mail for contact, [email protected].
Local Bridge Work – Commissioner Drosky said there are five (5) bridges in the City being repaired, starting today
with the Deer Creek Country Club Boulevard bridge that includes painting, recoating, cleaning, rebar, sidewalk repair.
There may be minor traffic disruptions in the area, but the work will start in District 4 then other parts of the City.
Lastly, Commissioner Drosky encouraged the public to stay safe and strong.
MAYOR BILL GANZ
Current Conditions – Mayor Ganz said he is impressed with frontline staff, but people have been impatient with social
distancing. Also, though everyone is concerned with the local economy, he agreed that the local businesses should
be supported, but it is disappointing that people wish for others to lose their jobs.
COVID-19 – Mayor Ganz agreed that the number of cases need to be watched and thanked Vice Mayor Parness for
helping secure the Festival Flea Market as a testing site. Furthermore, he commended Commissioners Preston and
Hudak for their assistance with the food giveaway. He thanked the entire Commission for their efforts and expressed
his gratitude for serving with them. Additionally, Mayor Ganz warned that people are trying to exploit the citizens by
claiming to sell masks as well as price gouging and asked that it be brought to the City’s attention if it occurs.
Local Changes – Mayor Ganz said the City is tied with the Governor’s Orders as well as the surrounding counties,
but Commissioner Lamar Fisher has been trying to work on separating from Miami-Dade and Palm Beach counties
as Broward starts to slowly rollout policy changes which will be based on cases. Mayor Ganz said he would much
rather save a life and look out for the citizens, whereas, no one should sacrifice their health because money can be
replaced, but not a life. He said he hopes this can be overcome.
Mayoral Meetings – Mayor Ganz said he has been meeting with mayors in northeast Broward County and making
decisions in unison. He thanked Mayors Chris Benson, Glenn Troast, and Rex Hardin for their communication and
keeping each other informed. Thereafter, he commented on Tiara East being terrorized by over 50 motorcycles riding
down A1A and destroying their property, and although they were in Boca and Delray, it was not communicated to
Deerfield Beach. Additionally, in speaking with Boca Raton’s Mayor, they had a meeting tonight to discuss opening
their boat ramp for commercial fishermen; nonetheless, communication will help roll out a plan that will make sense
for everyone.
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COMMENTS BY MAYOR AND CITY COMMISSIONERS – CONTINUED
Potential Considerations – Mayor Ganz asked that everyone start thinking about how the 4th of July event will be
handled. He also commented on possible changes to the pay plan that will be fair to the taxpayers, but also takes
care of the employees. There has also been concern about parking revenue when the main concern is closing the
beach and protecting residents. Those decisions are being made now and staff is working toward the changes. In
closing, Mayor Ganz encouraged everyone to be safe and kind to others.
ADJOURNMENT
MOTION was made by Commissioner Parness, seconded by Commissioner Preston, to adjourn the meeting at 9:11
p.m. Voice Vote:
Yeas:
5 - Commissioner Drosky, Commissioner Hudak, Commissioner Preston, Vice Mayor Parness and Mayor
Ganz
Nays:
0
_________________________________
BILL GANZ, MAYOR
_________________________________
Samantha Gillyard, CMC, City Clerk
City of Deerfield Beach
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CITY CODE EXCERPTS
Sec. 2-505. - Disclosure and behavior requirements of applicants and person/entity seeking
a city contract or currently doing business with the city.
Any applicant for a land use change or development permit requiring approval of the city
commission or any person/entity seeking a city contract through a request for proposal, request for
qualification, or sealed bid process (all referred to as "applicant"):
(1) Shall not induce, attempt to induce, offer, solicit or knowingly assist any person in violating
the ethics code.
(2) Shall with their application, proposal or bid:
a. Include a listing of all campaign contributions to sitting city commissioners in the past four
years as well as contributions of all officers, directors, shareholders of a corporation if the
applicant is a corporation, or partners if the applicant is a partnership, or members, whether
general or limited, if it is a limited liability company.
b. Disclose all those items that a regulated officer is required to disclose concerning any conflict,
whether actionable or non-actionable.
c. Disclose any action that is a violation of this ethics code by a regulated officer (in reference to
the application) with the applicant and/or the applicant's agents, and what was done to rectify the
violation (for example: if a gift was given, when demand was made for return of the gift).
d. An applicant shall fully, completely, accurately, and not misleadingly report and file all
disclosures required by this ethics code, and shall fully, completely, accurately, and not
misleadingly make all disclosures referenced in this ethics code and not omit material information,
and/or file misleading and/or deceitful information in the disclosure.
e. An applicant has a continuing duty to report any violation of this ethics code related to their
application.
f. Failure to disclose in compliance with this section shall be a violation of this ethics code
and shall be grounds for the city commission to void or rescind any approval or contract.
(3) No applicant shall, directly or indirectly, induce, encourage, or aid anyone to violate any
provision of this Code.
Page 18 of 124
Sec. 38-127. - Competitive solicitations.
***
(4) Evaluation committee procedures.
***
(e) The ranking and the evaluation committee's recommendation shall be reported to the city
commission. The city commission, by majority vote, has the option to either (1) approve the
evaluation committee's ranking/evaluation and recommendation; (2) recommend rejection of all
submittals based upon a stated reason; or (3) send the ranking/evaluation back to the evaluation
committee to conduct further evaluations consistent with the requirements of the RFP or RFQ and
the evaluation committee may either ratify the ranking/evaluation or re-rank the firms. The city
commission reserves the right to re-rank in accordance with section 38-130.
Sec. 38-141. - Ethics in procurement.
(1) Any attempt by city employees to realize personal gain by conduct inconsistent with proper
discharge of their duties is a breach of public trust. Any effort to influence any public employee to
breach the standards of ethical conduct set forth in this division is also a breach of ethical standards.
The provisions of city ordinances, county ordinances and state statutes shall be strictly enforced to
preserve the public trust.
(2) The city shall not execute a contract if there has been a violation of this section, any ethics
provision of a procurement solicitation, or any local, state, or federal law, including but not
limited to:
(a) Conflicts of interest;
(b) Kickbacks;
(c) Solicitation of procurement by payment of a gratuity or offer of employment;
(d) Acceptance of a gratuity or offer of employment resulting from solicitation of procurement;
(e) Violations of the cone of silence;
(f) Any other improper or unlawful attempt to influence the outcome of a procurement.
***
Page 19 of 124
Meeting Minutes
Community Redevelopment Agency
7:00 PM
Tuesday, December 10, 2019
Commission Chambers
CALL TO ORDER AND ROLL CALL
The meeting was called to order on the above date by Chair Bill Ganz at 7:00 p.m., in the City Commission
Chambers, City Hall, Deerfield Beach.
5 - Mr. Michael Hudak
Present:
Mr. Bernie Parness
Mr. Ben Preston
Vice Chair Todd Drosky
Chair Bill Ganz
3 - City Manager David Santucci
City Attorney Anthony Soroka
Assistant City Clerk Heather Montemayor
Also Present:
MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE
There was a moment of silence, followed by the Pledge of Allegiance.
APPROVAL OF MINUTES
Community Redevelopment Agency Meeting Minutes
MOTION was made by Mr. Hudak, seconded by Mr. Parness, to approve the October 8, 2019 minutes as submitted.
Voice Vote:
Yeas:
5 – Mr. Hudak, Mr. Parness, Mr. Preston, Vice Chair Drosky and Chair Ganz
Nays:
0
APPROVAL OF CITY COMMISSION AGENDA
December 10, 2019
MOTION was made by Mr. Parness, seconded by Mr. Hudak, to approve the agenda as submitted. Voice Vote:
Yeas:
5 – Mr. Hudak, Mr. Parness, Mr. Preston, Vice Chair Drosky and Chair Ganz
Nays:
0
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December 10, 2019
GENERAL ITEMS
1.
Presentation by Carnahan, Proctor & Cross (CPC) regarding the S-Curve Utility Undergrounding
and Lighting Preliminary Feasibility Report.
Kris Mory, Director of Economic Development, provided a brief overview of the item. Thereafter, she introduced Bill
Barbaro, P.E., Carnahan, Proctor & Cross.
Mr. Barbaro stated that the study began with the underground utilities and lights associated with the poles; whereas,
streetscape improvements were also evaluated. Thereafter, a PowerPoint presentation was displayed. The project
location will be from NE 1st Street and extend north through the S-Curve, along A1A to NE 4th Court. CPC identified
an area of limits for the undergrounding of the overhead utilities, whereby, each of the utilities were able to stay
within the same corridor, which helps with the cost. However, FP&L will make the final decision as to where
connections are made. Additionally, the boundary for the streetscape and lighting improvements will begin on the
southern property of Wings. Further, he reiterated that the scope of services was undergrounding the overhead
utilities but also allows for streetscape improvements and improvements to the lighting to match what is being
proposed for the Kirk Cottrell Pavilion. Thereafter, Mr. Barbaro displayed photographs of the current location.
Continuing, Mr. Barbaro said the streetscape improvements will repair what is disturbed with the addition of pavers
and improve the experience through the corridor from the parking garage to the Pier, and around through the SCurve to the north. The intent is to install Type F curbing on the turns so there are no drive-way entrances, which
would increase pedestrian safety and protection. There are also areas that will be upgraded with better landscaping.
The proposed lighting improvements include the installation of decorative lighting through the S-Curve and
pedestrian bollard lighting; photographs of the proposed bollard lighting were displayed. Further, he said CPC
identified the utilities that are included on the pole, besides FP&L, and contacted Comcast, AT&T and Crown Castle
Fiber which is a private fiber optic provider. CPC worked with each utility to determine the feasibility of
undergrounding it and associated costs. It was determined that most of the commercial and residential
developments are fed from the back of the buildings, which will limit the disturbance for reconnection and
requirements to do service.
Moreover, Mr. Barbaro said a contingency is included in the report, whereas, the costs would either be reduced or
utilized for unforeseen elements. Further, the budget for restoration includes any sidewalk/roadway damage, should
it occur, while the utility is installed. Thereafter, he displayed photographs of the street lighting. He explained that
there is a line item for each of the lights that were designed; whereas, a photometric design was done to meet
FDOT lighting requirements. He advised that the area requiring turtle friendly lighting consists of additional poles,
which is why the cost is higher. The associated costs are for the load center, FP&L service and contingency. Mr.
Barbaro said CPC worked with a manufacturer to do a photometric design and layout for the bollards. The cost for
the bollards includes load center and services, as well as a Pangea light controller to control them.
Lastly, Mr. Barbaro said the overall budget summary for the scope of work in the feasibility report was $1.3 million,
whereby, the addition of the alternative lighting and site improvements would increase the overall cost to $1.7 million.
Further, once CPC receives a notice to proceed, FP&L and the other utilities will be notified to begin design work
for their undergrounding, which can take up to three (3) months. At the same time, CPC will begin drafting up
designs for the streetscape improvements. Once all the plans are permitted and ready, execution will commence.
Mr. Barbaro said throughout the process the schedule will be updated and provided to the CRA staff.
In response to Mr. Hudak’s questions, Mr. Barbaro replied that CPC is an approved contractor and sub-consultant
for FP&L and has performed services associated with private developments in Palm Beach, Cooper City, etc.
In response to Mr. Hudak’s questions, Mark DiMascio, CRA Project Manager, replied that staff has been working
with the supplier for the company that manufacturers bollard lighting, which distributes nationwide. Further, he said
the bollards have not been approved; however, staff is working with Florida Fish and Wildlife Conservation (FWC)
to do so. He said the designs have been given to FWC and feedback was provided; nevertheless, staff is hoping
for approval so they can be included in the project.
In response to Chair Ganz’s question, Mr. DiMascio replied that FWC is not completely in favor of the color changing
bollards, but they are not completely against them either; nevertheless, the proposed bollards are color changing
and will be controlled by an astrological timer that may help with FWC’s decision. Also, there are only seven (7)
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GENERAL ITEMS - CONTINUED
bollards at the Kirk Cottrell Pavilion; therefore, staff is hoping to use these type bollards as a pilot before installing
them elsewhere.
Mr. Barbaro clarified that the timer and bollards were included in the overall budget.
In response to Mr. Hudak’s question, Mr. DiMascio replied that the timer does add to the cost of each bollard but is
necessary in order to get approval from FWC.
In response to Vice Chair Drosky’s question, Mr. Barbaro replied that the purple on the map of the S-Curve additional
site improvements represents proposed curbing, the green represents proposed landscaping and the orange
represents the proposed pavers.
Chair Ganz asked that the additional curbing not take away parking from the businesses.
Mr. Barbaro said the curbing, as well as the light pole placement will not affect any parking. Further, should the
project be done to the full extent it will remain within budget.
In response to Vice Chair Drosky’s question, Mr. Barbaro replied that sea level rise is a concern but many of the
transformers that serve these businesses are already pole or pad mounted on side streets; therefore, this project
would not be affected.
Chair Ganz opened the public hearing.
Mark Dreyer, 884 SE 19th Avenue, Deerfield Beach, spoke in favor of the project and asked how much light will
be provided when it is not turtle season and how many lights will be added to Ocean Way.
Ms. Mory replied that there are seven (7) bollards associated with the Kirk Cottrell Pavilion, 237 overall on Ocean
Way and 90 associated with this project; therefore, it will be much brighter. She said if approved, the lights will be
darker during turtle season and changed to white during the offseason. Furthermore, staff ordered a prototype of
the bollard and will notify everyone accordingly. Additionally, this project only includes the bollards on the S-Curve.
Elizabeth Harrington, 1631 Riverview Road, Deerfield Beach, spoke in favor of the project. She asked for the
project’s timeframe and for clarification on how the wires and transformers would be stored, i.e. in waterproof
containers.
Mark Seward, 1627 Riverview Road, Deerfield Beach, suggested dimming the lights at night as it not only disrupts
the turtles but people living on the beach.
In response to a public comment, Chair Ganz clarified that this project consists of putting the overhead utilities
underground, whereby, the proposed bollards on the S-Curve have been included into the scope should they be
approved by FWC. Thereafter, a map was displayed outlining the proposed project. Thereafter, Chair Ganz closed
the public hearing.
Mr. Parness spoke in favor of the proposed project.
Mr. Barbaro stated that the project will take six (6) months to complete. Further, he reiterated that the transformers
points of connection are already at ground level and will be in waterproof casing; therefore, waterproofing is not an
issue.
MOTION was made by Mr. Parness, seconded by Mr. Hudak, to approve the S-Curve Utility Undergrounding and
Lighting Preliminary Feasibility Report.
Prior to the vote, Ms. Mory explained that the Board has two (2) projects before them; whereby, both cannot be
completed at the same time. She suggested that the Board make a motion supporting the direction of this project
and after the second presentation, the Board can vote on which project they wish to move forward with first.
There were no objections.
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GENERAL ITEMS - CONTINUED
2.
Presentation by Bermello Ajamil regarding Phase II of the Sullivan Park Expansion Project.
Kris Mory, Director of Economic Development, provided a brief overview of the project. She stated that over the
course of four (4) weekends, staff administered in person interviews at Sullivan Park, as well as online surveys. To
further assist with redevelopment options, staff hired Bermello Ajamil, who planned and designed Phase I of Sullivan
Park, to create a series of design options. Further, she said there were 411 participants who completed the survey
in the park and the overall results were as follows: community facility – 47%; green space – 19%; free space &
public art – 8%; and other ideas – 26%. She explained that the survey was broken down further, to outline residents
and nonresidents, whereby, 47% of residents want a community center; and 35% want open space. Thereafter,
she introduced Kirk Olney, Landscape Architect, Bermello Ajamil.
Mr. Olney provided a brief overview of his knowledge of Sullivan Park. Thereafter, he displayed video design options
and advised that there are also snap shots of each option.
In response to Mr. Hudak’s question, Ms. Mory replied that the goal is for the Board to provide direction on which
option they wish to pursue. Once decided, staff will move forward with a feasibility study to provide the Board with
a cost estimate.
Thereafter, Ms. Mory displayed photographs and provided a brief overview of the pros and cons of each option.
The pros for Option 1: expanding the park into more greenspace, which would be low cost and low maintenance to
the landscaping. The cons: los of CRA offices, meeting space, 20 parking spaces, as well as the vision of the site.
The pros for Option 2: aesthetic improvement; continued activation of current site; provide space for CRA staff who
could pay for ongoing maintenance; public meeting and activity space; and programming partnership. The cons:
loss of at least seven (7) parking spaces and no additional greenspace. The pros for Option 3 are the same as
Option 2 plus an elevated building would provide additional parking. The cons for Option 3 include an incrementally
larger construction budget than Option 2 and additional maintenance. The pros for Option 4 are the same as Option
2 and 3 plus it would activate the site more because it would be built over the existing parking lot and would provide
greenspace at the entrance. She explained that Option 4 would be the most difficult to design due to it being over
the existing parking lot.
In response to Mr. Hudak’s question, Ms. Mory replied that the lease with FDOT allows us to use their parking
spaces for special events only.
Mr. Preston said if the CRA offices are not housed within the new building, staff would have to rent out a facility,
which would be costly.
Chair Ganz opened the public hearing.
Joseph Castoro, 1631 Riverview Road, Deerfield Beach, said the cost to maintain the new building, as well as
the cost for utilities would be comparable to the CRA offices renting a different facility. He understands a lot of
money went into purchasing the building; therefore, he is in favor of Option 2 as it is one-story. It would be the least
expensive to construct, could house the CRA and would provide a community center. Lastly, he advised that he
has a petition signed by over 300 residents who are in favor of a one-story building.
Peggy Ross, 103 NE 19th Avenue, Deerfield Beach, asked that the plans include expanding movement between
the Cove and Sullivan Park. She spoke in favor of having an educational center for children and stated that a twostory building would not be any higher than the bridge; therefore, she supports Option 2 or 3.
Nancy Rinderman, 1631 Riverview Road, Deerfield Beach, thanked staff for all their efforts. Thereafter, she
spoke in favor of Option 2.
Noa Gordon Lerner, 1631 Riverview Road, Deerfield Beach, spoke in favor of Option 2, and requested that the
facility include a children’s museum. Further, she said Sullivan Park is a wonderful addition, but it needs to be
patrolled better at night.
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GENERAL ITEMS - CONTINUED
Elizabeth Harrington, 1631 Riverview Road, Deerfield Beach, said there are parking issues at Sullivan Park
during events and commented on the increase in vandalism, i.e. slashed tires. Thereafter, she commented on how
people use their parking spaces. She spoke in opposition to Option 4, as residents do not want a building further
east because it will cause more traffic and parking issues. Ms. Harrington spoke in favor to Option 2 and requested
that the S-Curve project be completed prior to this project. Lastly, she asked for clarification on the use of the
community center.
Dean Simpson, 1629 Riverview Road, Deerfield Beach, asked that something be done to the sidewalk on the
Hillsboro bridge, as the area is unsafe, and this project will increase pedestrian traffic.
Mark Dreyer, 884 SE 19th Avenue, Deerfield Beach, spoke in favor of a facility, as additional green space may
create more issues, i.e. crime, security, etc.; thereafter, he spoke in favor of Option 2.
Mark Seward, 1627 Riverview Road, Deerfield Beach, said money will need to be spent no matter where the
CRA offices are housed. Thereafter, he commented on the pros and cons for each option. He said the City has
enough buildings but does not have enough parks; therefore, he spoke in favor of Option 1.
Kevin Kolinsky, 1754 SE 3rd Court, Deerfield Beach, spoke in favor of Option 4, as it provides greenspace and
a facility.
Nancy Rinderman, 1631 Riverview Road, Deerfield Beach, asked if a traffic survey has been completed for
Hillsboro and Riverview Road.
Chair Ganz closed the public hearing.
Ms. Mory replied that a traffic study was not done, whereas, these are conceptual designs that are not fully vetted.
Chair Ganz said this facility will not be a money maker for the City, as that is not the intent for any of the community
facilities. Also, alcohol is not permitted at city facilities unless there is a special event within the park itself. Further,
he said the City has much more control as to what can and cannot be done in city owned buildings.
David Santucci, City Manager, reiterated that alcohol is not allowed at city facilities. Thereafter, he provided
examples of how the facilities are used, i.e. birthday parties, baby showers, classes, etc. He said the Hillsboro
Technology Center closes at 10:00 p.m. and consists of hurricane proof windows, which will be required for this
facility.
Mr. Parness said the facility should consist of a community center and CRA offices; therefore, he spoke in favor of
Option 4.
Mr. Hudak spoke in opposition to alcohol being served even during special events, as it could create issues and
asked that staff investigate. Further, he spoke in favor of a children’s interactive learning center to tie into Deerfield
Island Park, Sullivan Park and the underwater camera. Mr. Hudak said Option 4 provides greenspace and housing
an interactive center for children would tie into Sullivan Park more; however, if a children’s learning center is not
included in the plans, then Options 2 & 3 would work. Nevertheless, he spoke in favor of having some type of facility.
Mr. Preston said the first priority should be the people that live in that area, as we don’t want to make them
uncomfortable; therefore, he spoke in favor of Option 2.
Vice Chair Drosky spoke in opposition to Option 1 and agreed with the addition of a community center and learning
center. He said there have been discussions about entering into a partnership to install some type of nautical
destination, i.e. Deerfield Beach Island. Further, he spoke in favor of the location of Option 2 & 3, whereas, it
encourages walkability. Lastly, Vice Chair Drosky said he is unsure how large of a facility would be needed to
incorporate the ideas suggested; therefore, he spoke in support of Option 2, as long it can house a community
center and learning center.
City of Deerfield Beach
Page 5
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Page 24 of 124
Regular City Commission
Meeting Minutes
December 10, 2019
GENERAL ITEMS - CONTINUED
Chair Ganz said he is not concerned with where the CRA offices are located and disagreed with the statement that
the City has enough facilities; however, he agreed that there isn’t enough greenspace either. He said there isn’t a
community facility in District 1, nor east of Federal Highway; whereby, this would be the only location for a
community center that is feasible. Further, he said Option 4 is better than expected, but does not work. Chair Ganz
said pushing the facility further east would be easier to tie into the park, would create a better entranceway and
would be further away from Hillsboro Boulevard. He spoke in opposition to Option 1, as the City is already aware
of the building footprint and how the traffic works. He spoke in favor of Option 2, as it provides a community center
and has the same footprint as the current facility. He spoke in opposition to Option 3, as it would be costly because
an elevator would be needed for the second floor and may impair the residents view in the future. He said if Option
4 was built during Phase I it may have worked, but unfortunately it doesn’t at this point.
It was the consensus of the Board to move forward with Option 2.
In response to Vice Chair Drosky’s question, Ms. Mory replied that the estimate for the Utility Undergrounding
Project is $1.7 million, whereby, the Board budgeted $1,700,050 in this fiscal year. Further, she said if Option 2 is
decided for the Sullivan Park Phase II Project, the building would be around 4,000 square feet and at a maximum,
around $300 per square feet. Nevertheless, both projects are comparable in terms of the CRA budget.
In response to Chair Ganz’s question, Ms. Mory replied that there is $100,000 in the Commercial Façade budget.
Chair Ganz said the prioritization of each project would be determined by the timing of each project.
Ms. Mory said the Board can move forward with both projects and decide later depending on which is more
complete.
Chair Ganz thanked the public for their input throughout this process.
3.
CRA Resolution 2019/014 - A Resolution of the City of Deerfield Beach Community Redevelopment
Agency (CRA), approving Commercial Façade funding to CSHJ Lots, LLC (dba Two Georges at the
Cove Restaurant) in an amount not to exceed $11,111.50; and providing for an effective date. (Funds
from Account #190-8000-552-32-59 – Commercial Façade Improvement)
The Resolution was read by title only.
Kris Mory, Director of Economic Development, explained that CSHJ was awarded a commercial façade grant in
2018 for $58,467; however, during the project, unforeseen circumstances arose that led to an opportunity to replace
their monument sign located at the top of the building. The applicant is requesting supplemental funding to cover
the cost of the new monument sign on the roof in an amount of $11,111.50, for a total cost of $22,223.00.
Chair Ganz opened the public hearing; however, there was none to speak and the public hearing was closed.
MOTION was made by Mr. Hudak, seconded by Mr. Parness, to approve Item 3, adopted CRA Resolution 2019/014.
Roll Call:
Yeas:
5 – Mr. Hudak, Mr. Parness, Mr. Preston, Vice Chair Drosky and Chair Ganz
Nays:
0
BOARD/ADMINISTRATION COMMENTS
MR. HUDAK
No report.
City of Deerfield Beach
Page 6
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Page 25 of 124
Regular City Commission
Meeting Minutes
December 10, 2019
BOARD/ADMINISTRATION COMMENTS - CONTINUED
MR. PRESTON
No report.
MR. PARNESS
No report.
VICE CHAIR DROSKY
No report.
CHAIR GANZ
No report.
Kris Mory, Director of Economic Development, provided a brief update on various projects. The Kirk Cottrell project
is ahead of schedule. She reiterated that she will notify the Board and public when the bollard prototype arrives at
the CRA offices. The porthole project is complete and has been very well received. Staff will be installing a sign
next to the porthole explaining what the feed consists of. The A1A crosswalk project has also been completed and
staff is receiving positive feedback. She reminded the Board that additional crosswalks were approved for NE 7 th
Street and SE 2nd Street and are currently in permitting. Lastly, Ms. Mory said the Pompano Beach Chamber of
Commerce requested the City’s support for the boat parade; therefore, she authorized discretionary spending from
the Special Events budget for additional deputy detail to assist with the road closure. The boat parade is on Friday,
December 13th from 7:30 p.m. to 10:00 p.m., and will go past Two Georges, underneath the Hillsboro Bridge, so
people at Sullivan Park will have a view.
In response to Chair Ganz’s question, Ms. Mory replied that the Town of Hillsboro will be notified of the bridge
closure.
PUBLIC COMMENT
There were no comments from the public.
ADJOURNMENT
MOTION was made by Mr. Preston, seconded by Mr. Parness, to adjourn the meeting at 8:54 p.m. Voice Vote:
Yeas:
5 – Mr. Hudak, Mr. Parness, Mr. Preston, Vice Chair Drosky and Chair Ganz
Nays:
0
_________________________________
BILL GANZ, CHAIR
_________________________________
Samantha Gillyard, CMC, City Clerk
City of Deerfield Beach
Page 7
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Page 26 of 124
Virtual City Commission Meeting – May 5, 2020
DEERFIELD BEACH – YOU ARE HEREBY NOTIFIED that the Regular City Commission
meeting will be held on Tuesday, May 5, 2020, at 7:00 PM utilizing communications media
technology with elected officials and City staff participating through video conferencing.
On March 20, 2020, Governor DeSantis issued Executive Order 20-69, suspending any Florida
Statute that requires a quorum to be present in person or requires a local government body to
meet at a specific public place. The Order further allows for local government bodies to utilize
communications media technology, such as telephonic and video conferencing.
A copy of the agenda for the May 5, 2020 meeting can be accessed at http://www.deerfieldbeach.com/1554/Meetings-Agendas. To ensure compliance with the City’s Safer at Home
Emergency Order 2020-03 and the latest CDC recommendations and government orders, the
May 5, 2020, regular City Commission meeting will proceed utilizing communications media
technology.
Attending and Viewing the City Commission Meeting:
This meeting will be broadcast live for members of the public. There are several options available
to the public to attend/view the meeting:
1. Zoom
a. Via Zoom Online - Access to the meeting will begin at 6:45 PM on May 5, 2020.
i. Use the following link below to access the meeting via Zoom:
https://us02web.zoom.us/j/88429922442?pwd=dGNLYU8rOEVsdGlaRm5ZMjRMcGY4Zz09
ii. The video camera display feature is disabled for public use
b. Via Zoom Telephone - Join the meeting via telephone (audio only) using the Call-in
number below, followed by the Meeting ID when prompted. No computer or access code
is required.
i. Call-in Number: 253-215-8782, Meeting ID: 884 2992 2442, Passcode: 793517
For more information on using Zoom, please visit Zoom Support at the following link:
https://support.zoom.us/hc/en-us.
Page 27 of 124
2. YouTube
The meeting will also be available to the public via YouTube for audio and video access;
however, public participation, i.e. comments are not possible. The link to watch the meeting
via YouTube will be active no earlier than 6:45 PM on May 5, 2020, and can be found by
clicking the camera icon in the Media column at http://www.deerfieldbeach.com/1554/Meetings-Agendas.
Providing Public Comment:
Public participation is strongly encouraged. Your comments will be limited to three minutes per
person. To participate, please choose the option best for you and remember to include your name
and address for the record.
1. Via Email - Public comments and documents may be submitted via email to
[email protected]. Public comments will be read aloud during the meeting and added to the
record. Emails can be submitted prior to the meeting or until the public hearing session is
closed.
2. Live Zoom Video Participation - If attending via Zoom online, at the appropriate public
comment period, click “raise hand” on the bottom of the “participants” tab, and your audio will
be unmuted when you are recognized.
3. Live Zoom Telephone Participation – If attending via Zoom by telephone, at the appropriate
public comment period, press *9 to “raise your hand” and your audio will be unmuted when
you are recognized.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT AND FLORIDA
STATUTE 286.26, PERSONS WITH DISABILITIES NEEDING SPECIAL ACCOMMODATION
TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT THE CITY CLERK NO LATER
THAN 3 DAYS PRIOR TO THE MEETING AT (954) 480-4213 FOR ASSISTANCE.
Should you have any questions, please feel free to contact the City Clerk’s Office at
954.480.4213. For additional information on the agenda items for the Commission meeting,
please visit www.dfb.city.
Page 28 of 124
City of Deerfield Beach
Face Sheet
150 NE 2nd Ave
Deerfield Beach, FL
33441
954-480-4200
File Number: I.D. 2020-277
Agenda Date: 5/5/2020
Status: PUBLIC HEARINGS –
SECOND READING
In Control: City Commission
Title
P.H. 2020-047: ORDINANCE 2020/ - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD
BEACH, AMENDING ARTICLE
X "LOBBYIST REGISTRATION REQUIREMENTS" OF CHAPTER 2
"ADMINISTRATION"; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Recommended Action
Commission to vote on Ordinance
Voting Requirement
Adoption requires a 3/5 vote of the City Commission
Background/History
In 2009, the City Commission adopted Ordinance 2009/010, creating a requirement for lobbyist
registration. Subsequently, the City Commission adopted Ordinance 2011/053, revising the
definitions to be consistent with the Broward County Ethics Code and requiring the completion of a
contact log for meetings between lobbyists and their principals or employers, and City
Commissioners. Due to changes in the Broward County lobbying requirements, the City secured
services for the creation of an electronic contact log, whereby, all lobbyists can log all activities,
regardless of location of the meeting.
Current Activity
The City is updating the Lobbyist Registration Ordinance for consistency with the applicable County
regulations and current City practice.
Recommendation
Staff recommends approval of the Ordinance on first reading.
Page 29 of 124
ORDINANCE NO. 2020/
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DEERFIELD BEACH, AMENDING ARTICLE X
“LOBBYIST
REGISTRATION
REQUIREMENTS”
OF
CHAPTER 2 “ADMINISTRATION”; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DEERFIELD BEACH, FLORIDA, AS FOLLOWS:
Section 1.
The above “WHEREAS” clauses are true and correct and are incorporated
herein.
Section 2.
Chapter 2 “Administration,”
Requirements” is hereby amended to read as follows:1
Article
X
“Lobbyist
Registration
Chapter 2 – ADMINISTRATION
***
ARTICLE X – LOBBYIST REGISTRATION REQUIREMENTS
Sec. 2-532. Definitions
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this article, except where the context clearly indicates a different meaning:
***
Person means any individual, business, corporation, association, firm, partnership,
nonprofit organization or other organization or group.
Principal means the person or entity, on whose behalf the lobbyist engages in the lobbying
activity.
Sec. 2-533. - Lobbying registration and statements.
(a)
Registration required. Prior to engaging in lobbying activities, every lobbyist shall
file with the city clerk and provide under oath the following information:
(1)
The lobbyist’s full name, business address and name and nature of business,
occupation or profession.
1
Additions to existing City Code text are shown in underline. Deletions to existing City Code text are shown in
strikethrough.
1
Page 30 of 124
(2)
The name, business address and name and nature of the business,
occupation or profession of each of the lobbyists’ principals.
(3)
The general and specific subject matters that the lobbyist seeks to influence.
(4)
The extent of any direct business association by the lobbyist with any
current or elected or appointed official or employee of the City of Deerfield
Beach. For the purposes of this article, the term “direct business
association” shall mean any mutual endeavor undertaken for profit or
compensation.
(5)
A lobbyist representing a person shall provide an original lobbyist
registration form prior to engaging in lobbying, providing for receive
appropriate written authorization from said person to lobby on that person’s
behalf upon a particular subject matter. A copy of the applicable
documentation, including but not limited to letters, agreements, minutes,
motions or other evidence of action authorizing the lobbyist to lobby on
behalf of the person shall be provided with the information required by this
article.
(6)
Prior to engaging in lobbying, a lobbyist must submit a lobbyist registration
form, the disclosure statement, pay the registration fee, and register through
the City’s online electronic contact log.
(b)
Disclosure Statement Required. Beginning July 1, 2009, and continuing annually
thereafter, a On or before July 15 of each year, each registered lobbyist shall submit to the city
clerk’s office a signed statement under oath, listing all lobbying expenditures, contingency fees,
and the sources from which funds for making such expenditures and paying such contingency fees
have come related to the City of Deerfield Beach lobbying activities incurred in the past twelve
(12) months and the sources of funds for such expenditures. The statement of expenditures for the
period from July 1 to June 30, shall be filed no later than July 15 of each year. Lobbying
expenditures shall not include the lobbyist’s own personal expenses for lodging, meals and travel.
Said statements shall be rendered in the form provided by the city clerk. A statement shall only
be filed even if there have been no expenditures during a reported period. Discontinuance of
lobbying activities during a year shall not relieve the lobbyist from the requirement of filing the
statement required by this subsection for that portion of the year during which the lobbyist was
engaged in lobbying activities.
(c)
Completed registration forms and statements of lobbying expenditures shall be
public records and open to public inspection.
(d)
A lobbyist is required to amend any filed registration forms or statements of
lobbying expenditures if any information in the registration or statement changes, within 30 days
from the date of said change.
2
Page 31 of 124
(de) Each person who withdraws as a lobbyist for a particular person shall file with the
city clerk notice of withdrawal as a lobbyist for that person. If a lobbyist withdraws at any point,
no refund of the registration fee will be issued.
(ef)
List of current lobbyists. The city clerk’s office shall maintain a current list of
registered lobbyists and all documentation required under this article.
(fg)
List of principals. A lobbyist shall file a separate statement for each principal on
whose behalf he or she lobbies.
(gh) Registration fee. An annual lobbyist registration fee may be established by
resolution adopted by the city commission. The initial fee shall be $150.00 per principal/lobbyist.
Such fee shall be for the purpose of providing funding to the city to offset the cost of recording,
transcription, administration or any other costs incurred in compiling and maintaining these
records and making them available to the public.
(hi)
Disclosure of Donations. On or before January 15, April 15, July 15 and October
15 of each year, any lobbyist who was solicited by a member of the city commission for a donation
and any lobbyist who gave a donation to, or at the request of, a member of the city commission for
any third party during the preceding quarter shall submit to the office of professional standards of
a signed statement under oath describing any such solicitation and any such donation.
(j)
Registration statements are effective from July 1 of a given year through June 30
of the following year. Registration fees paid under (h) above cover lobbying activities during the
effective period of the registration statement. A new registration statement shall be filed, and all
required fees shall be paid, prior to engaging in any lobbying activities after expiration of a
previously-filed registration statement.
Sec. 2-533A. - Contact Log.
(a)
All lobbyists and their principals or employers who intend to meet with or otherwise
communicate with a city commissioner at any city facility shall complete a contact log, on a form
created by the city, which lists the name of the commissioner, the lobbyist's name, the entity by
which the lobbyist is employed or for whom he or she is lobbying, the date and time of the meeting
and the specific purpose and subject of the meeting. The log shall be completed contemporarily
with the meeting and the log shall be filed daily with the city clerk and be available for public
inspection.
(b)
For any meetings with lobbyists, or their principals or employers outside of a city
facility where lobbying occurs, the city commissioner shall, disclose the name of the lobbyist, the
entity by whom the lobbyist is employed or for whom they are lobbying, the commissioner's name,
the date, time and location of the meeting, and the specific purpose and subject matter of the
meeting. The disclosure shall be in writing and filed with the city clerk within ten days of the
meeting or prior to the vote on the subject of the lobbying activity, whichever occurs first. The
disclosures shall be available for public inspection.
3
Page 32 of 124
(a)
To promote full and complete transparency, lobbyists who lobby a City
Commissioner must, contemporaneously with the lobbying activity or as soon thereafter as is
practicable (but in any event within three (3) business days after the lobbying activity occurs),
complete the online electronic contact log, which requires the Lobbyist to provide the following
information:
(1) Lobbyist name;
(2) The name of the entity by which the lobbyist is employed;;
(3)
The name of the person or entity for whom or which the lobbyist is
lobbying;
(4)
The name of each City Commissioner lobbied by the lobbyist;
(5)
The name of each person attending or participating in any portion of the
meeting or communication during which the lobbying activity occurred;
(6)
The date and time of the meeting or other communication during which the
lobbying activity occurred;
(7)
The location of the meeting and mode of communication, as applicable, e.g.
in person, by telephone, or by email exchange; and
(8) The specific topics discussed in such meeting or communication.
(b)
The obligation to complete the online contact log referenced in paragraph (b) above
applies regardless of the location of the lobbying activity and applies whether the activity occurs
in person, by telephone, electronic communication or in writing. The online contact log is
available for public inspection.
***
Sec. 2-537. - Penalties.
Violation of any provision of this article shall be punishable by a fine of $500.00 and the
violator shall be subject to a Resolution of censure by the City Commission and shall be prohibited
from lobbying the City of Deerfield Beach for a period of two years.
Section 3.
All Sections or parts of Sections of the Code of Ordinances, all ordinances
or parts of ordinances, and all Resolutions, or parts of Resolutions, in conflict with this Ordinance
are repealed to the extent of such conflict.
Section 4.
The provisions of this Ordinance are declared to be severable, and, if
any section, sentence, clause and/or phrase of this Ordinance is, for any reason, held to be invalid
or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clauses, and phrases of this Ordinance, which shall remain in effect, it being the legislative intent
that this Ordinance shall stand despite the invalidity of any part.
Section 5.
It is the intention of the City Commission and it is hereby ordained that the
provisions of this Ordinance shall become and be made a part of the City Code of the City of
4
Page 33 of 124
Deerfield Beach, and that the sections of this Ordinance may be renumbered to accomplish such
intent.
Section 6.
second reading.
That this Ordinance shall be effective immediately upon adoption on
PASSED 1ST READING ON THIS ______ DAY OF ___________, 2020.
PASSED 2ND READING ON THIS _____ DAY OF ____________, 2020.
__________________________________
BILL GANZ, MAYOR
ATTEST:
___________________________________________
SAMANTHA L. GILLYARD, CMC, CITY CLERK
5
Page 34 of 124
CITY OF DEERFIELD BEACH, FLORIDA
NOTICE OF PUBLIC HEARING
YOU ARE HEREBY NOTIFIED that a public hearing will be before the City Commission
on Tuesday, May 5, 2020 at 7:00 p.m. via virtual meeting, to consider the following:
P.H. 2020-047: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DEERFIELD BEACH, AMENDING ARTICLE X "LOBBYIST REGISTRATION
REQUIREMENTS" OF CHAPTER 2 "ADMINISTRATION"; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Copies of the Ordinances are available for public inspection in the City Clerk’s Office, 150
N.E. 2nd Avenue, Deerfield Beach, Florida 33441. All interested persons are urged to
virtually attend the Public Hearing(s), send a representative or express their views by
letter.
You may either be present virtually at the Public Hearing(s), represented by counsel or
letter. All interested persons take due notice of the time and place of the Public Hearing
and govern yourselves accordingly.
Any person who decides to appeal any decision of the City Commission with respect to
any matter considered at this meeting would need a record of the proceedings. And for
such purpose, may need to ensure that verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based.
Any person requiring auxiliary aids and services at this meeting may contact the City
Clerk’s Office at (954) 480-4213 at least 24 hours prior to the meeting. If you are hearing
or speech impaired, please contact the Florida Relay Service by using the following
numbers: 1-800-955-8770 or 1-800-955-8771.
BY: SAMANTHA GILLYARD, CMC, CITY CLERK
Publish: Sun-Sentinel
Friday, April 24, 2020
Page 35 of 124
City of Deerfield Beach
Face Sheet
150 NE 2nd Ave
Deerfield Beach, FL
33441
954-480-4200
File Number: I.D. 2020-362
Agenda Date: 5/5/2020
Status: CONSENT - AGREEMENTS &
EXPENDITURE REQUESTS
In Control: City Commission
Title
Resolution 2020/ - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving the award
of ITB #20-12-JW for laptops and associated products to TSI Aviation, Inc.; authorizing the purchase of laptops and
associated products from TSI Aviation, Inc. in an amount not to exceed $111,142.20; and providing for an effective
date. (Funds from Account #001-0500-513-3965 - Central Services Computer Replacement)
Recommended Action
Commission to vote on Resolution
Voting Requirement
Adoption requires a 3/5 vote of the City Commission
Fiscal Impact
Costs: $111,142.20
Account Name: Central Services Computer Replacement
Account Number:001-0500-513-3965
Background/History
The City of Deerfield has established a routine four (4) year cycle for replacement City laptops. This
keeps users up to date with equipment and technology, and assures the workforce can continue to
perform at maximum capacity with updates and applications and security settings. This item is for
the replacement of sixty (60) laptops. It also addresses increasing mobility for the workforce.
Current Activity
The City issued Invitation to Bid #20-12-JW for Laptops and Associated Products (the “ITB”). On
March 27, 2020 at 3:00 p.m., the ITB due date and time, the Purchasing and Contract Administration
Division (the “Division”) unsealed six bids that were timely received, and reviewed the bids to ensure
they met the ITB requirements. TSI Aviation, Inc. was the lowest bidder and met all of the ITB
requirements.
Recommendation
Staff recommends the award of the ITB to TSI Aviation, Inc. for the purchase of sixty (60) laptops
and associated products for an amount not to exceed $111,142.20.
Page 36 of 124
RESOLUTION NO. 2020/
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DEERFIELD BEACH, FLORIDA, APPROVING THE AWARD OF ITB #2012-JW FOR LAPTOPS AND ASSOCIATED PRODUCTS TO TSI
AVIATION, INC.; AUTHORIZING THE PURCHASE OF LAPTOPS AND
ASSOCIATED PRODUCTS FROM TSI AVIATION, INC. IN AN AMOUNT
NOT TO EXCEED $111,142.20; AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the City of Deerfield Beach desires to purchase sixty laptops and associated
products to update the City’s technology and increase workforce mobility; and
WHEREAS, the City issued Invitation to Bid #20-12-JW for Laptops and Associated
Products (the “ITB”); and
WHEREAS, the ITB was advertised in the legal notices section of the Sun-Sentinel on
February 24, 2020, and the notice was also sent to sixty-one prospective Offerors via the eProcurement Marketplace; and
WHEREAS, twelve vendors viewed the ITB documents; and
WHEREAS, on March 27, 2020 at 3:00 p.m., the ITB due date and time, the Purchasing
and Contract Administration Division (the “Division”) unsealed six bids that were timely
received, and reviewed the bids to ensure they met the ITB requirements; and
WHEREAS, the Division met with the Chief Information Officer to review and discuss
the bids and concluded that TSI Aviation, Inc. (“TSI”) was the lowest bidder and met all of the
ITB requirements; and
WHEREAS, the Division recommends that the City Commission approve the award of
the ITB to TSI, the lowest responsive and responsible bidder to the ITB, and authorize the
purchase of sixty laptops and associated products from TSI in an amount not to exceed
$111,142.20 (the “Laptops Purchase”).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DEERFIELD BEACH, FLORIDA, AS FOLLOWS:
Section 1.
part hereof.
Section 2.
The above referenced “Whereas” clauses are true and correct and made a
The City Commission hereby approves the award of the ITB to TSI.
1
Page 37 of 124
Section 3.
The Laptop Purchase is hereby approved. The City Manager is authorized to
purchase the sixty laptops and associated products from TSI in an amount not to exceed
$111,142.20, consistent with the terms of the ITB.
Section 4.
The appropriate City officials are authorized to do all things necessary and
expedient to carry out the aims of this Resolution.
Section 5.
This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED THIS ____ DAY OF __________________, 2020.
CITY OF DEERFIELD BEACH
__________________________
BILL GANZ, MAYOR
ATTEST:
________________________________________
SAMANTHA GILLYARD, CMC, CITY CLERK
2
Page 38 of 124
Memorandum
TO:
Ron Mckenzie, Chief Information Officer
FROM:
Jeremin Worlds, Senior Buyer
THRU:
Ivelsa Guzman, Purchasing Manager
DATE:
April 14, 2020
SUBJECT:
Laptops and Associated Products, ITB 20-12-JW
The Purchasing and Contract Administration Division issued an Invitation to Bid for Laptops and
Associated Products, ITB 20-12-JW. This formal competitive solicitation process complies with
the City of Deerfield Beach procurement requirements. Details of the competitive solicitation
process are as follows:
− The ITB was advertised in the legal notices section of the Sun-Sentinel on February 24, 2020.
The notice was sent to sixty-one (61) prospective Offerors via the e-Procurement
Marketplace.
− Twelve (12) vendors viewed the documents of the ITB.
− On March 27, 2020 at 3:00 p.m. EST, the Purchasing and Contract Administration Division
closed and unsealed six (6) responses. The responses were reviewed by the Purchasing
and Contract Administration Division to ensure the response met the ITB requirements.
− The apparent low Offeror, TSI Aviation, Inc., response met the ITB requirements.
− The Purchasing and Contract Administration Division reviewed the response and discussed
it with the Chief Informational Officer and concluded that TSI Aviation, Inc., meet all the
requirements of the ITB.
− The Information Technology Services Staff recommends awarding the contract to TSI
Aviation, Inc.
− Reference checks were conducted on TSI Aviation, Inc., and revealed positive ratings.
− Due diligent was done by comparing the State of Florida Contract price with the bid response
received. It was discovered to be in the City’s best interest to move forward with the bid
response received from TSI Aviation, Inc., due to the bid response pricing submitted was
lower than the State of Florida Contract price. The Pricing Comparison Sheet attached.
Page 39 of 124
Page 2
In summary, TSI Aviation, Inc., is the lowest, responsive and responsible Offeror able to meet
the ITB requirements; therefore, the award recommendation of this contract is to TSI Aviation,
Inc.
Please use this memorandum and all attachments as your backup documents to the City
Manager for the next available City Commission meeting.
Att.
Tabulation Sheets, Tab Summary, Bid Summary, Price Comparison Sheet,
Recommended Offerors Submittals, Vendor Reference – Check List and Performance
Reference Surveys, Technical Specifications
Page 40 of 124
Event Number
Event Title
Event Description
Event Type
Issue Date
Close Date
20-12-JW Addendum 1
Organization
Laptops and Associated Products
Workgroup
The City of Deerfield Beach (City) is solicitin Event Owner
ITB (Commodity)
Email
2/24/2020 03:24:45 PM (ET)
Phone
3/27/2020 03:00:00 PM (ET)
Fax
Responding Supplier
City
TSI AVIATION, INC.
WESTON
Hypertec Direct (Hypertec USA, Tempe
B & H Foto & Electronics Corp. New York
BLEU STREAM CORP
POMPANO BEACH
HOWARD TECHNOLOGY SOLUTI Ellisville
Malor Company Inc
New York
State
FL
AZ
NY
FL
MS
NY
Response Submitted
3/25/2020 04:55:37 PM (ET)
3/26/2020 01:02:29 PM (ET)
3/27/2020 02:12:11 PM (ET)
3/24/2020 10:51:17 AM (ET)
3/27/2020 12:47:09 PM (ET)
3/26/2020 11:46:33 PM (ET)
City of Deerfield Beach
Purchasing Dept.
Jeremin Worlds
[email protected]
(954) 480-4415
(954) 480-4388
Lines Responded Response Total
$111,142.20
5
$111,491.40
5
$115,093.80
5
$116,979.60
5
$125,100.00
5
$160,918.80
5
Please note: Lines Responded and Response Total only includes responses to specification. No alternate response data is included.
20-12-JW Addendum 1 - Page 1
Page 41 of 124
City of Deerfield Beach
Face Sheet
150 NE 2nd Ave
Deerfield Beach, FL
33441
954-480-4200
File Number: I.D. 2020-376
Agenda Date: 5/5/2020
Status: CONSENT - AGREEMENTS &
EXPENDITURE REQUESTS
In Control: City Commission
Title
Resolution 2020/ - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving the 2020
Amendment to the Interlocal Agreement with Broward County for distribution of the proceeds of the Three-Cent
Additional Local Option Gas Tax on Motor Fuel; authorizing execution of the 2020 Amendment; providing for
severability and an effective date.
Recommended Action
Commission to vote on Resolution
Voting Requirement
Adoption requires a 3/5 vote of the City Commission
Background/History
The attached resolution provides for approval of a 2020 Amendment to the Interlocal Agreement with
Broward County for distribution of the proceeds from the County three-cent local option gas tax.
Annual amendments are required to adjust the City’s percentage of County gas tax collections,
which are based on the City’s population. Broward County, through its Local Option Gas Tax
Ordinance, levies a tax of 3 cents per gallon on motor fuel. Broward County retains 48.73% of total
taxes collected, while the remaining 51.27% is allocated amongst the various municipalities within
the County, based on population figures that are published annually by the University of Florida
Bureau of Economics and Business Research. The attached interlocal agreement with Broward
County is required to provide for the Local Option Gas Tax distributions.
Current Activity
The funds received from the City’s share of the three cent additional local option gas tax will be used
to support the operations of the City's Road & Bridge Fund.
FY2020 (Projected Pre-COVID19) - $853,286
FY2019 Actual - $610,534
FY2018 Actual - $589,007
Recommendation
Staff recommends that the City Commission approve the 2020 Amendment to the Interlocal
Agreement with Broward County for distribution of the proceeds of the three cent local option gas tax
and authorize execution of the 2020 Amendment.
Page 42 of 124
RESOLUTION NO. 2020/
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DEERFIELD BEACH, FLORIDA, APPROVING THE 2020
AMENDMENT TO THE INTERLOCAL AGREEMENT
WITH BROWARD COUNTY FOR DISTRIBUTION OF THE
PROCEEDS OF THE THREE CENT ADDITIONAL LOCAL
OPTION GAS TAX ON MOTOR FUEL; AUTHORIZING
EXECUTION OF THE 2020 AMENDMENT; PROVIDING
FOR SEVERABILITY AND AN EFFECTIVE DATE
WHEREAS, Section 336.025(1)(b), Florida Statutes, authorizes Broward County (the
“County”) to extend the levy of the additional local option gas tax upon every gallon of motor
fuel sold in the County for a period not to exceed thirty (30) years on a majority vote of the
governing body of the County; and
WHEREAS, pursuant to Section 336.025(1)(b), Florida Statutes, the Board of County
Commissioners enacted Section 31½-38, Broward County Code of Ordinances, (the “Ordinance”)
effective January 1, 1994, through December 31, 2024, imposing the levy of a three-cent local
option gas tax (the “Gas Tax”) for thirty years and providing for a method of distribution of the
proceeds of the Gas Tax; and
WHEREAS, in accordance with the Ordinance, the County entered into an Interlocal
Agreement with the Broward municipalities that establishes a distribution formula for dividing
the proceeds from the Gas Tax among the County and all eligible municipalities within the County
based on population (the “Interlocal Agreement”); and
WHEREAS, paragraph 3 of the Interlocal Agreement requires annual adjustment of the
population of the individual municipalities and unincorporated Broward County in accordance
with the population figures set forth in the most current edition of “Florida Estimates of
Population,” published by the Bureau of Economics and Business Research, Population Division,
University of Florida (“BEBR”); and
WHEREAS, the County has prepared the proposed 2020 Amendment to the Interlocal
Agreement, attached as Exhibit “1,” which amends the Gas Tax distribution figures and
incorporates the latest population figures from BEBR (the “2020 Amendment”); and
WHEREAS, the 2020 Amendment provides for the County to receive 48.73% of the total
Gas Tax proceeds and for the municipalities in Broward County, including the City, to receive
the remaining 51.27% of the total Gas Tax proceeds; and
WHEREAS, City staff recommends that the City Commission approve the 2020
Amendment, attached as Exhibit “1”.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DEERFIELD BEACH, FLORIDA, AS FOLLOWS:
1
Page 43 of 124
Section 1.
part hereof.
The above referenced “Whereas” clauses are true and correct and made a
Section 2.
The City Commission hereby approves the 2020 Amendment, attached as
Exhibit “1,” and authorizes the appropriate City officials to execute the 2020 Amendment, together
with such non-substantial changes as are acceptable to the City Manager and approved as to form
and legal sufficiency by the City Attorney.
Section 3.
Should any section, provision or word of this Resolution be declared by a
court of competent jurisdiction to be invalid, such decision shall not affect the validity of the
remainder hereof other than the part declared to be invalid.
Section 4.
The Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS ____ DAY OF __________________, 2020.
CITY OF DEERFIELD BEACH
__________________________
BILL GANZ, MAYOR
ATTEST:
________________________________________
SAMANTHA GILLYARD, CMC, CITY CLERK
2
Page 44 of 124
EXHIBIT 1
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
This 2020 Amendment to Interlocal Agreement (the "2020 Amendment") is
entered into by and between Broward County, a political subdivision of the State of
Florida (the "County"), and the municipalities executing a signature page bearing the
above legend, each of which is a municipal corporation existing under the laws of the
State of Florida (collectively the "Municipalities") (the County and Municipalities are
collectively referred to as the "Parties").
RECITALS
A.
Section 336.025(1)(b), Florida Statutes, authorizes the County to extend
the levy of the additional three-cent local option gas tax upon every gallon of motor fuel
sold in Broward County for a period not to exceed thirty (30) years on a majority vote of
the governing body of the County.
B.
The Broward County Board of County Commissioners enacted
Section 31½-38, Broward County Code of Ordinances, effective January 1, 1994,
through December 31, 2024, pursuant to Section 336.025(1)(b), Florida Statutes,
imposing the levy of the three-cent ($.03) local option fuel tax for thirty (30) years and
providing for a method of distribution of the proceeds of the tax.
C.
The method for distribution of the proceeds is established by an Interlocal
Agreement with Municipalities representing a majority of the population of the
incorporated area within the County.
D.
Paragraph 3 of the Interlocal Agreement requires annual adjustment of the
division and distribution of the proceeds based upon the population of the individual
Municipalities and unincorporated Broward County in accordance with the population
figures set forth in the most current edition of "Florida Estimates of Population,"
published by the Bureau of Economics and Business Research, Population Division,
University of Florida.
NOW, THEREFORE, for good and valuable consideration, and pursuant to the
authorization of Section 336.025(1)(b)2., Florida Statutes, the County and Municipalities
agree as follows:
1.
Paragraph 2 of the Interlocal Agreement, as previously amended, is hereby
amended to read:
2.
Forty-eight and Seventy-three One-hundredths percent (48.73%) of the
total proceeds from the additional three-cent local option fuel tax shall be divided
and distributed to the County, and the remaining Fifty-one and Twenty-seven
One-hundredths percent (51.27%) of the total proceeds from the additional threecent local option fuel tax shall be divided among and distributed to the
GaxTax3_2020 Amendment
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Page 45 of 124
Municipalities within the County as follows:
Population of Individual Municipality
Total Incorporated Area Population
Recipient
Coconut Creek
Cooper City
Coral Springs
Dania Beach
Davie
Deerfield Beach
Fort Lauderdale
Hallandale Beach
Hillsboro Beach
Hollywood
Lauderdale-by-the-Sea
Lauderdale Lakes
Lauderhill
Lazy Lake
Lighthouse Point
Margate
Miramar
North Lauderdale
Oakland Park
Parkland
Pembroke Park
Pembroke Pines
Plantation
Pompano Beach
Sea Ranch Lakes
Southwest Ranches
Sunrise
Tamarac
Weston
West Park
Wilton Manors
Total Incorporated
2.
x 51.27% =
FY21 Percent Share of
Proceeds
1.581494%
0.915130%
3.474834%
0.855281%
2.806666%
2.140275%
5.013548%
1.072439%
0.052203%
4.062045%
0.167890%
0.988440%
1.949474%
0.000699%
0.285031%
1.591563%
3.737869%
1.217095%
1.227030%
0.918307%
0.172521%
4.523635%
2.432575%
3.016905%
0.018523%
0.207413%
2.513639%
1.760126%
1.812276%
0.409144%
0.345930%
51.270000%
Paragraph 3 of the Interlocal Agreement, as previously amended, is hereby
GaxTax3_2020 Amendment
Page 2 of 36
Page 46 of 124
amended to read:
3.
The population figures set out herein are based on the figures contained in
the document referred to as the "Florida Estimates of Population," published on
an annual basis by the Bureau of Economics and Business Research, Population
Division, University of Florida. The population figures to be utilized in the formula
described in Paragraph 2 of this Interlocal Agreement for the division and
distribution of the proceeds from the additional three-cent local option fuel tax
shall be adjusted annually based on the then-current "Florida Estimates of
Population."
For the purpose of this Agreement, the population figures are as follows:
Recipient
Coconut Creek
Cooper City
Coral Springs
Dania Beach
Davie
Deerfield Beach
Fort Lauderdale
Hallandale Beach
Hillsboro Beach
Hollywood
Lauderdale-by-the-Sea
Lauderdale Lakes
Lauderhill
Lazy Lake
Lighthouse Point
Margate
Miramar
North Lauderdale
Oakland Park
Parkland
Pembroke Park
Pembroke Pines
Plantation
Pompano Beach
Sea Ranch Lakes
Southwest Ranches
Sunrise
GaxTax3_2020 Amendment
BEBR Population
4/1/19
58,742
33,991
129,067
31,768
104,249
79,497
186,220
39,834
1,939
150,878
6,236
36,714
72,410
26
10,587
59,116
138,837
45,207
45,576
34,109
6,408
168,023
90,354
112,058
688
7,704
93,365
Page 3 of 36
Page 47 of 124
Recipient
Tamarac
Weston
West Park
Wilton Manors
Total Incorporated
Unincorporated Area
Total County
BEBR Population
4/1/19
65,377
67,314
15,197
12,849
1,904,340
15,304
1,919,644
3.
This 2020 Amendment shall be effective as of the date it is executed by the
County after having previously been executed by Municipalities cumulatively
representing a majority of the incorporated area population of the County; the amended
population figures and share of proceeds shall take effect as provided by applicable law.
4.
In the event any provision within this 2020 Amendment is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall continue to be
effective unless the County or any executing Municipality necessary to maintain the
cumulative majority referenced in the preceding paragraph elects to terminate the
Interlocal Agreement. The election to terminate pursuant to this provision must be
made within seven (7) days after such court ruling; provided, however, that if a timely
notice appealing the court ruling is filed, the election shall be held in abeyance until the
appeal is determined or dismissed.
5.
Except to the extent amended, the Interlocal Agreement shall remain in full force
and effect. In the event of any conflict between the terms of this 2020 Amendment and
the Interlocal Agreement, as previously amended, the Parties acknowledge that this
2020 Amendment shall control.
6.
This 2020 Amendment may be executed in several counterparts, each of which
so executed shall be deemed to be an original, and such counterparts together shall
constitute one and the same instrument.
[THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]
GaxTax3_2020 Amendment
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Page 48 of 124
IN WITNESS WHEREOF, the Parties have made and executed this 2020
Amendment to the Interlocal Agreement on the respective dates under each signature:
Broward County through its Board of County Commissioners, signing by and through its
County Administrator, authorized to execute same by Board action on April 7th, 2020,
and each Municipality, signing by and through the official indicated on each signature
page, duly authorized to execute same.
COUNTY
WITNESSES:
Broward County, by and through
its County Administrator
________________________________
Print Name: ______________________
________________________________
By____________________________
Bertha Henry
County Administrator
Print Name: ______________________
_____ day of _______________, 20___
Approved as to form by
Andrew J. Meyers
Broward County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
By_____________________________
Scott Andron
(Date)
Assistant County Attorney
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2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: COCONUT CREEK
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
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Page 50 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: COOPER CITY
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
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Page 51 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: CORAL SPRINGS
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
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2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: DANIA BEACH
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
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Page 53 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: DAVIE
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
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2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: DEERFIELD BEACH
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
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2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: FORT LAUDERDALE
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
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2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: HALLANDALE BEACH
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
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2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: HILLSBORO BEACH
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
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2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: HOLLYWOOD
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
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2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: LAUDERDALE-BY-THE-SEA
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
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2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: LAUDERDALE LAKES
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
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2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: LAUDERHILL
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
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2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: LAZY LAKE
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
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2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: LIGHTHOUSE POINT
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
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2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: MARGATE
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
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2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: MIRAMAR
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
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2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: NORTH LAUDERDALE
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
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2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: OAKLAND PARK
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
Page 24 of 36
Page 68 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: PARKLAND
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
Page 25 of 36
Page 69 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: PEMBROKE PARK
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
Page 26 of 36
Page 70 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: PEMBROKE PINES
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
Page 27 of 36
Page 71 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: PLANTATION
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
Page 28 of 36
Page 72 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: POMPANO BEACH
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
Page 29 of 36
Page 73 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: SEA RANCH LAKES
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
Page 30 of 36
Page 74 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: SOUTHWEST RANCHES
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
Page 31 of 36
Page 75 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: SUNRISE
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
Page 32 of 36
Page 76 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: TAMARAC
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
Page 33 of 36
Page 77 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: WESTON
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
Page 34 of 36
Page 78 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: WEST PARK
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
Page 35 of 36
Page 79 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION AND
DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL
THREE-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL
MUNICIPALITY
WITNESSES:
Municipality: WILTON MANORS
_________________________
By _____________________________
Mayor-Commissioner
_________________________
____ day of ________________, 20___
ATTEST:
By ______________________
Municipal Clerk
________________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax3_2020 Amendment
Page 36 of 36
Page 80 of 124
City of Deerfield Beach
Face Sheet
150 NE 2nd Ave
Deerfield Beach, FL
33441
954-480-4200
File Number: I.D. 2020-375
Agenda Date: 5/5/2020
Status: CONSENT - AGREEMENTS &
EXPENDITURE REQUESTS
In Control: City Commission
Title
Resolution 2020/ - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving the 2020
Amendment to the Interlocal Agreement with Broward County for distribution of the proceeds of the Fifth-Cent
Additional Local Option Gas Tax on Motor Fuel; authorizing execution of the 2020 Amendment; providing for
severability and an effective date.
Recommended Action
Commission to vote on Resolution
Voting Requirement
Adoption requires a 3/5 vote of the City Commission
Background/History
The attached resolution approves an amendment to the Interlocal Agreement with Broward County
for the distribution of the proceeds from the County additional fifth cent local option gas tax. Annual
amendments are required to adjust the City’s percentage of county gas tax collections, which are
based on the City’s population. Broward County, through its Local Option Gas Tax Ordinance,
levies a tax of 5 cents per gallon on motor fuel. Broward County retains 74% of total taxes collected,
while the remaining 26% is allocated amongst the various municipalities within the county, based on
population figures that are published annually by the University of Florida Bureau of Economics and
Business Research. The attached amendment to the interlocal agreement with Broward County is
required in order to provide for the fifth cent Local Option Gas Tax distributions.
Approval of the amendment by the City Commission will provide for the local option gas tax revenue
for the Fiscal Year 2021 budget. The amount included in the City’s budget will be determined by the
State of Florida and be available in June 2020. This funding is restricted for the operation and
maintenance of the City’s streets and roadways.
The distribution is based upon a formula whereby the City’s population is divided by the total
incorporated area’s population and then multiplied by a relevant percentage. The relevant
percentage that the City will be receiving (1.085374%) is set forth in the Amendment.
Current Activity
The funds received from the City’s share of the fifth cent additional local option gas tax will be used
to support the operations of the City's Road & Bridge Fund.
FY2020 (Projected Pre-COVID19) - $853,286
Page 81 of 124
FY2019 Actual - $610,534
FY2020 Actual - $589,007
Recommendation
Staff recommends that the City Commission approve the 2020 Amendment to the Interlocal
Agreement with Broward County for distribution of the proceeds of the fifth cent additional local
option gas tax and authorize execution of the 2020 Amendment.
Page 82 of 124
RESOLUTION NO. 2020/
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DEERFIELD BEACH, FLORIDA, APPROVING THE 2020
AMENDMENT TO THE INTERLOCAL AGREEMENT
WITH BROWARD COUNTY FOR DISTRIBUTION OF THE
PROCEEDS OF THE FIFTH CENT ADDITIONAL LOCAL
OPTION GAS TAX ON MOTOR FUEL; AUTHORIZING
EXECUTION OF THE 2020 AMENDMENT; PROVIDING
FOR SEVERABILITY AND AN EFFECTIVE DATE
WHEREAS, Section 336.025(1)(b), Florida Statutes, authorizes Broward County (the
“County”) to extend the levy of the additional local option gas tax upon every gallon of motor
fuel sold in the County for a period not to exceed thirty (30) years on a majority vote of the
governing body of the County; and
WHEREAS, pursuant to Section 336.025(1)(b), Florida Statutes, on June 13, 2000, the
Board of County Commissioners enacted Ordinance No. 2000-25 (the “Ordinance”), effective
January 1, 2001 through December 31, 2031, extending the levy of the additional fifth-cent local
option gas tax (the “Gas Tax”) for thirty years and providing for a method of distribution of the
proceeds of the Gas Tax; and
WHEREAS, in accordance with the Ordinance, the County entered into an Interlocal
Agreement with the Broward municipalities that establishes a distribution formula for dividing
the proceeds from the Gas Tax among the County and all eligible municipalities within the County
based on population (the “Interlocal Agreement”); and
WHEREAS, paragraph 4 of the Interlocal Agreement requires annual adjustment of the
population of the individual municipalities and unincorporated Broward County in accordance
with the population figures set forth in the most current edition of "Florida Estimates of
Population," published by the Bureau of Economics and Business Research, Population Division,
University of Florida (“BEBR”); and
WHEREAS, the County has prepared the proposed 2020 Amendment to the Interlocal
Agreement, attached as Exhibit “2,” which amends the Gas Tax distribution figures and
incorporates the latest population figures from BEBR (the “2020 Amendment”); and
WHEREAS, the 2020 Amendment provides for the County to receive 74% of the Gas Tax
proceeds and for the municipalities in Broward County, including the City, to receive the
remaining 26% of the total Gas Tax proceeds; and
WHEREAS, City staff recommends that the City Commission approve the 2020
Amendment, attached as Exhibit “2”.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DEERFIELD BEACH, FLORIDA, AS FOLLOWS:
1
Page 83 of 124
Section 1.
part hereof.
The above referenced “Whereas” clauses are true and correct and made a
Section 2.
The City Commission hereby approves the 2020 Amendment, attached as
Exhibit “2,” and authorizes the appropriate City officials to execute the 2020 Amendment, together
with such non-substantial changes as are acceptable to the City Manager and approved as to form
and legal sufficiency by the City Attorney.
Section 3.
Should any section, provision or word of this Resolution be declared by a
court of competent jurisdiction to be invalid, such decision shall not affect the validity of the
remainder hereof other than the part declared to be invalid.
Section 4.
The Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS ____ DAY OF __________________, 2020.
CITY OF DEERFIELD BEACH
__________________________
BILL GANZ, MAYOR
ATTEST:
________________________________________
SAMANTHA GILLYARD, CMC, CITY CLERK
2
Page 84 of 124
EXHIBIT 2
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
This 2020 Amendment to Interlocal Agreement (the "2020 Amendment") is
entered into by and between Broward County, a political subdivision of the State of
Florida (the "County"), and the municipalities executing a signature page bearing the
above legend, each of which is a municipal corporation existing under the laws of the
State of Florida (the "Municipalities") (the County and Municipalities are collectively
referred to as the "Parties").
RECITALS
A.
Section 336.025(1)(b), Florida Statutes, authorizes the counties to extend
the levy of the additional fifth-cent local option gas tax upon every gallon of motor fuel
sold in Broward County for a period not to exceed thirty (30) years on a majority vote of
the governing body of the County.
B.
On June 13, 2000, the Broward County Board of County Commissioners
enacted Ordinance No. 2000-25, effective January 1, 2001, through December 31,
2031, pursuant to Section 336.025(1)(b), Florida Statutes, extending the levy of the
additional fifth-cent local option gas tax for thirty (30) years and providing for a method
of distribution of the proceeds of the tax.
C.
The method for distribution of the proceeds is established by an Interlocal
Agreement with Municipalities representing a majority of the population of the
incorporated area within the County.
D.
Paragraph 4 of the Interlocal Agreement requires annual adjustment of the
division and distribution of the proceeds based upon the population of the individual
Municipalities and unincorporated Broward County utilizing the population figures set
forth in the most current edition of "Florida Estimates of Population," published by the
Bureau of Economics and Business Research, Population Division, University of
Florida.
NOW, THEREFORE, for good and valuable consideration, and pursuant to
Section 336.025(1)(b), Florida Statutes, the County and Municipalities agree as follows:
1.
Section 2.1 of the Interlocal Agreement, as previously amended, is hereby
amended to read as follows:
2.1
Seventy-four percent (74%) of the total proceeds from the additional
fifth-cent local option gas tax shall be distributed to the County. The remaining
twenty-six percent (26%) shall be distributed to the Municipalities as follows:
GaxTax5_ 2020 Amendment
Page 1 of 35
Page 85 of 124
Population of Individual Municipality
Total Incorporated Area Population
X
26.0000%
BEBR
Population
4/1/19
58,742
33,991
129,067
31,768
104,249
79,497
186,220
39,834
1,939
150,878
6,236
36,714
72,410
26
10,587
59,116
138,837
45,207
45,576
34,109
6,408
168,023
90,354
112,058
688
7,704
93,365
65,377
67,314
15,197
12,849
FY21 Percent
Share of
Proceeds
0.802006%
0.464080%
1.762155%
0.433729%
1.423314%
1.085374%
2.542466%
0.543855%
0.026473%
2.059941%
0.085140%
0.501257%
0.988615%
0.000355%
0.144545%
0.807112%
1.895545%
0.617212%
0.622250%
0.465691%
0.087489%
2.294022%
1.233605%
1.529931%
0.009393%
0.105183%
1.274715%
0.892594%
0.919040%
0.207485%
0.175428%
Total Incorporated
1,904,340
26.000000%
Unincorporated Area
15,304
Recipient
Coconut Creek
Cooper City
Coral Springs
Dania Beach
Davie
Deerfield Beach
Fort Lauderdale
Hallandale Beach
Hillsboro Beach
Hollywood
Lauderdale-by-the-Sea
Lauderdale Lakes
Lauderhill
Lazy Lake
Lighthouse Point
Margate
Miramar
North Lauderdale
Oakland Park
Parkland
Pembroke Park
Pembroke Pines
Plantation
Pompano Beach
Sea Ranch Lakes
Southwest Ranches
Sunrise
Tamarac
Weston
West Park
Wilton Manors
GaxTax5_2020 Amendment
Page 2 of 35
Page 86 of 124
Recipient
Total County
BEBR
Population
4/1/19
1,919,644
FY21 Percent
Share of
Proceeds
The population figures set forth above are based on the figures contained in the
document referred to as the "Florida Estimates of Population," published on an
annual basis by the Bureau of Economic and Business Research, Population
Division, of the University of Florida. The population figures to be utilized in the
formula described in this section for the distribution of the additional fifth-cent
local option gas tax shall be adjusted annually based on the current Florida
Estimates of Population.
2.
This 2020 Amendment shall be effective as of the date it is executed by the
County after having previously been executed by the Municipalities cumulatively
representing a majority of the incorporated area population of the County; the amended
population figures and share of proceeds shall take effect as provided by applicable law.
3.
In the event any provision within this 2020 Amendment is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall continue to be
effective unless the County or any executing Municipality necessary to maintain the
cumulative majority referenced in the preceding paragraph elects to terminate the
Interlocal Agreement. The election to terminate pursuant to this provision must be
made within seven (7) days after such court ruling; provided, however, that if a timely
notice appealing the court ruling is filed, the election shall be held in abeyance until the
appeal is determined or dismissed.
4.
Except to the extent amended, the Interlocal Agreement shall remain in full force
and effect. In the event of any conflict between the terms of this 2020 Amendment and
the Interlocal Agreement, as previously amended, the Parties acknowledge that this
2020 Amendment shall control.
5.
This 2020 Amendment may be executed in several counterparts, each of which
so executed shall be deemed to be an original, and such counterparts together shall
constitute one and the same instrument.
[THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]
GaxTax5_2020 Amendment
Page 3 of 35
Page 87 of 124
IN WITNESS WHEREOF, the Parties hereto have made and executed this 2020
Amendment to the Interlocal Agreement on the respective dates under each signature:
Broward County through its Board of County Commissioners, signing by and through its
County Administrator, authorized to execute same by Board action on April 7th, 2020,
and each Municipality, signing by and through the official indicated on each signature
page, duly authorized to execute same.
COUNTY
WITNESSES:
Broward County, by and through
its County Administrator
________________________________
Print Name: ______________________
________________________________
By____________________________
Bertha Henry
County Administrator
Print Name: ______________________
_____ day of _______________, 20___
Approved as to form by
Andrew J. Meyers
Broward County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
By_____________________________
Scott Andron
(Date)
Assistant County Attorney
GaxTax5_2020 Amendment
Page 4 of 35
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2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: COCONUT CREEK
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 5 of 35
Page 89 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: COOPER CITY
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 6 of 35
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2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: CORAL SPRINGS
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 7 of 35
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2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: DANIA BEACH
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 8 of 35
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2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: DAVIE
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 9 of 35
Page 93 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: DEERFIELD BEACH
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 10 of 35
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2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: FORT LAUDERDALE
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 11 of 35
Page 95 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: HALLANDALE BEACH
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 12 of 35
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2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: HILLSBORO BEACH
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 13 of 35
Page 97 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: HOLLYWOOD
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 14 of 35
Page 98 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: LAUDERDALE-BY-THE-SEA
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 15 of 35
Page 99 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: LAUDERDALE LAKES
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 16 of 35
Page 100 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: LAUDERHILL
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 17 of 35
Page 101 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: LAZY LAKE
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 18 of 35
Page 102 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: LIGHTHOUSE POINT
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 19 of 35
Page 103 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: MARGATE
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 20 of 35
Page 104 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: MIRAMAR
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 21 of 35
Page 105 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: NORTH LAUDERDALE
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 22 of 35
Page 106 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: OAKLAND PARK
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 23 of 35
Page 107 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: PARKLAND
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 24 of 35
Page 108 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: PEMBROKE PARK
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 25 of 35
Page 109 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: PEMBROKE PINES
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 26 of 35
Page 110 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: PLANTATION
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 27 of 35
Page 111 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: POMPANO BEACH
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 28 of 35
Page 112 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: SEA RANCH LAKES
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 29 of 35
Page 113 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: SOUTHWEST RANCHES
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 30 of 35
Page 114 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: SUNRISE
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 31 of 35
Page 115 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: TAMARAC
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 32 of 35
Page 116 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: WESTON
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 33 of 35
Page 117 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: WEST PARK
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 34 of 35
Page 118 of 124
2020 AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR DIVISION
AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY
ADDITIONAL FIFTH-CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR
TRANSIT
MUNICIPALITY
WITNESSES:
Municipality: WILTON MANORS
______________________________
By _____________________________
Mayor-Commissioner
_______________________________
____ day of ________________, 20___
ATTEST:
________________________________
Municipal Clerk
By _____________________________
Municipal Manager
____ day of ________________, 20___
(CORPORATE SEAL)
APPROVED AS TO FORM:
By _____________________________
Municipal Attorney
GaxTax5_2020 Amendment
Page 35 of 35
Page 119 of 124
City of Deerfield Beach
Face Sheet
150 NE 2nd Ave
Deerfield Beach, FL
33441
954-480-4200
File Number: I.D. 2020-381
Agenda Date: 5/5/2020
Status: DEPARTMENTAL BUSINESS
In Control: City Commission
Title
Resolution 2020/ - A Resolution of the City Commission of the City of Deerfield Beach, Florida, approving the
submission of applications to the Broward County Mobility Advancement Program for Transportation Surtax
Funds to provide funding for the SE 13th Avenue and SE 15th Avenue Bridges Rehabilitation Projects; and providing
for an effective date.
Recommended Action
Commission to vote on Resolution
Voting Requirement
Adoption requires a 3/5 vote of the City Commission
Background/History
Broward County voters approved a 30-year, one percent surtax for transportation in November 2018.
The sales surtax took effect on January 1, 2019. County staff is in the process of drafting a 5-year
Plan due to the Independent Transportation Surtax Oversight Board and the Broward County Board
of County Commissioners for approval on July 1, 2020. The Oversight Board determines if a project
is permitted under Florida Statute Section 212.055(1)(d).
The current project based Transportation Surtax Plan, approved by voters in 2018, includes funding
up to $122.7 million in FY 2020 municipal capital, rehabilitation and maintenance projects, and
Community shuttles. The funding allocation for municipal rehabilitation and maintenance projects is
dependent on the balance remaining after the approval of municipal-requested capital projects and
Community Shuttles. The County recently finalized evaluation criteria, prioritized based on need and
equity, for more than 200 rehabilitation and maintenance municipal-requested projects included in
the current plan. The evaluation criteria includes condition of existing facilities, project readiness,
socioeconomic and roadway needs, and funds received for municipal capital projects.
Current Activity
The application to assess and prioritize cycle one municipal rehabilitation and maintenance projects
opened on April 1, 2020. Based on the aforementioned evaluation criteria, the City has two eligible
projects, bridge rehabilitation at SE 13th and SE 15th Avenues, from the current Transportation
Surtax Plan. Both projects have a documented condition assessment and demonstrated need via
the Bridge Inspection Reports prepared by FDOT. The bridges at SE 13th and SE 15th Avenues
have been deemed structurally deficient and functionally obsolete, respectively. The City prepared
preliminary cost estimates for the repairs identified in the Bridge Inspection Reports supporting
project readiness. The projects are included in the current plan for up to $1 million in repairs that will
Page 120 of 124
improve the bridges' safety and integrity. The deadline to submit an application for consideration is
May 16, 2020.
Recommendation
It is recommended that the City Commission authorize submission of two applications, $500,000
each, to the Surtax Mobility Advancement Program, Municipal Rehabilitation and Maintenance
Projects, for the proposed bridge rehabilitation projects at SE 13th and SE 15th Avenues.
Page 121 of 124
RESOLUTION NO. 2020/
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DEERFIELD BEACH, FLORIDA, APPROVING THE SUBMISSION OF
APPLICATIONS TO THE BROWARD COUNTY MOBILITY
ADVANCEMENT PROGRAM FOR TRANSPORTATION SURTAX
FUNDS TO PROVIDE FUNDING FOR THE SE 13TH AVENUE AND SE
15TH AVENUE BRIDGES REHABILITATION PROJECTS; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Broward County (the “County”) voters approved a 30-year, one percent
transportation surtax in November 2018 (the “Surtax”); and
WHEREAS, County staff is currently working on a 5-year plan for municipal-requested
capital projects, due July 1, 2020 to the Independent Transportation Surtax Oversight Board and
the Broward County Board of County Commissioners for approval; and
WHEREAS, the County recently finalized evaluation criteria for another 200+
rehabilitation and maintenance municipal-requested projects also contained in the original plan to
be funded with the Municipal Surtax Capital Program funds (the “Surtax Funds”); and
WHEREAS, the evaluation criteria consists of the condition of existing facilities, project
readiness, socioeconomic and roadway needs, and funds received for municipal capital projects;
and
WHEREAS, the online Rehabilitation and Maintenance Portal opened on April 1, 2020
and is taking applications through May 16, 2020; and
WHEREAS, the application requires that the City provide documentation of existing
facilities for evaluation, based on the Proposed Municipal Maintenance Projects Prioritization
Process; and
WHEREAS, in accordance with this prioritization process, the candidate projects best
positioned in the City for project readiness and need are the bridge rehabilitation projects at SE
13th Avenue and SE 15th Avenue; and
WHEREAS, the SE 13th Avenue and SE 15th Avenue bridges are in the plan for up to $1
million in bridge repairs; and
WHEREAS, the City Commission supports and authorizes the submission of two
applications to the Mobility Advancement Program for Municipal Rehabilitation and Maintenance
Projects for the SE 13th Avenue and SE 15th Avenue Bridges Rehabilitation Projects (the
“Applications”).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DEERFIELD BEACH, FLORIDA, AS FOLLOWS:
1
Page 122 of 124
Section 1.
part hereof.
The above referenced “Whereas” clauses are true and correct and made a
Section 2.
The City Commission hereby approves the submission of the Applications
to the County for the Surtax Funds to provide funding for the SE 13th Avenue and SE 15th Avenue
Bridges Rehabilitation Projects. The City Manager or his designee is authorized to sign and submit
the Applications.
Section 3.
The appropriate City officials are authorized to do all things necessary and
expedient to carry out the aims of this Resolution.
Section 4.
This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS ____ DAY OF __________________, 2020.
CITY OF DEERFIELD BEACH
__________________________
BILL GANZ, MAYOR
ATTEST:
________________________________________
SAMANTHA GILLYARD, CMC, CITY CLERK
2
Page 123 of 124
R&M Project Application Process
MAP Team will
score
applications
Municipalities
Start
Applying & Revising
Score
(Document uploads and
submission requirements review)
(Technical
evaluation)
Subjective project‐
MAP Validation specific factors=80%
Municipalities
Municipalities
Facility condition
• Access Broward • Documents:
• Document
Multiple R&M
registration
conditions, plans,
uploads meet
Readiness
• Portal access
ROW, estimates,
requirements
Multimodal
request
schedules, visuals • Application
Sustainability
MAP
(pics, vids), etc.
completeness
Objective applicant‐
• Review requests • Project Manager • Request
specific factors=20%
• Provide access
information
additional
Capital funding
• Track access and • Submit completed information
received through
application
users
MPO process
Socioeconomic
Portal
Portal factors and
MAP = Mobility Advancement Program,
Opens
Closes roadway needs
Broward County Surtax Administration
04/02
Broward County
Complete
(MAP Admin)
• One‐on‐ones with
municipalities
• Prepare capital projects
recommendations for
Oversight Board,
anticipated late‐May
TBD
• County Commission
action on capital projects,
anticipated meeting on
mid‐June, dependent upon
COVID‐19 variables
The Oversight Board and then the
County Commission
act on Capital Projects before
R&M final scoring and funding
recommendation can occur.
Submission and technical assistance by MAP+ 05/16 Evaluation, scoring and recommendation
TBD
Page 124 of 124
The government’s own published record — read it yourself, then decide what to do about it.
The cameras, the coverage, and the local record for this community.
Not yet recorded. The record stays open — outcomes are added as minutes and vote results are published.
Provenance
Where this record came from. Every source is listed, permanently.
- Agenda Watch · Jul 20, 2026
Permanent ID DKT-2026-000107 — this record is never deleted.
Record history
Every change to this record, logged as it happened.
- Jul 20, 2026 Filed on the Docket
- Jul 20, 2026 Full document archived — public record
- Jul 20, 2026 Location confirmed Deerfield Beach
← The full Docket · every meeting, vote, and action on the permanent record · also in the National Record Index.