HomeMy WebLinkAbout36030 - AGENDAS - City Commission e
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MINUTES
DANIA CITY COMMISSION
WORKSHOP MEETING
MAY 16, 1995
Mayor Hyde called the meeting the order at 7:30 p.m.
ROLL CALL:
P Present:
Mayor: Bill Hyde
Vice Mayor: John Bertino
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Commissioners: Albert Jones
M _ Robert Mikes
City Manager: Robert Flatley
City Attorney: Frank Adler
Acting City Clerk: Marie Jabalee
Absent:
r:. ' . . Commissioner: Bobble Grace
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s 1. City Manager Flatley explained that the Hollywood City Commission will be addressing whether or
not to grant an operating permit for the Broward Recycling Center at Port 95 Commercial Park which is
M located near the Alandco property. He expected the owners of the Alandco property to be opposing the
center as the facility would dampen their opportunities for resale and stated that Mr. Adler and himself will
be attending on behalf of the City.
Commissioner Mikes commented on the problems and impact that the use will create for the area if the
facility is built and his feelings that Hollywood would be bettor off to work something out with the existing
Reuters Recycling Center instead of duplicating this type of facility. Commissioner Mikes stressed the need
for the City to respond within the proper time frame and process the proper documents in order to proceed
with an administrative challenge of any state permits. City Attorney Adler stated that a letter has been sent
and that he also called the State requesting them to send the material necessary for Dania to participate in the
administrative hearing process. Discussion followed on the need to contact Senator Jenne if the material has
not been sent from the State by tomorrow.
WORKSHOP MEETING 1 MAY 16, 1995
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ITEM 3 WAS HEARD AFTER ITEM 1
ITEM 2 WAS HEARD AFTER ITEM 4
2. City Manager Flatley advised that Harbour Towne Marina has requested an increase In the boat ramp
fees to $10.00 instead of$2.00. He mentioned that sometime ago an individual challenged the legal right to
increase boat ramp fees to non-residents and not to residents and that it was determined that since State funds
were used to refurbish the ramps and for dredging and seawall work that the fees have to be increased
equally so there is no discrimination.
Commissioner Mikes stated that the intent of the Harbour Towne facility was for public park and
community center use and that Dania also provided grant funding for the necessary dredging that has been
done for the boat ramp area. Commissioner Mikes stated his disagreement with supporting anything that is
_ going to restrict residents from using the recreation facility and that $5.00 is a sufficient increase.
Commissioner Mikes included his displeasure that the City is not receiving revenues from the Vegas Express
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Cruise boat that now docks at Harbour Towne.
Gary Groenewold, General Manager for Habour Towne Marina, stated that the City receives the same 10%
of gross on all rents at Harbour Towne in accordance with the lease and estimated that the amount received
last year was around $153, 000. Marie Jabalee, Finance Director, corrected Mr. Groenewold that Harbour
Towne pays the City $7,100.00 a month base rent and that Harbour Towne pays an additional amount to
FDIC which has nothing to do with the City. Further comments were mentioned that Southeast Bank
turned full responsibility over to FDIC who backed a second loan for Habour Towne.
d+, Commissioner Jones agreed with Commissioner Mikes on the need to provide a break for the citizens to use
the boat ramps and that the fee should be kept at a minimum.
Mr. Groenewold mentioned that his company spent $42,000 to participate in the dredging of the canal with
the City based on a commitment from the previous receiver and that it has ht been always b his s position to
cooperate with the City. He clarified that grant money did cover repair of the launch ramps and but not the
dredging as stated by Commissioner Mikes and that his rates are very low and out of date compared to what
' other launching facilities are charging. Mr. Groenewold provided a description of the 33 acres at Harbour
Towne and Commissioner Mikes asked City Attorney Adler to review the lease to confirm the financial
responsibilities from Westrec due to the confusion.
After further discussion, the Commission and Gary Groenewold, Westrec, agreed on increasing the fee to
$6.00.
ITEM 5 WAS HEARD AFTER ITEM 2
# ITEM 3 WAS HEARD AFTER ITEM I
3. City Manager Flatley reported that Broward County would like to speak to Dania on the key issues
relating to the Airport expansion and would like formal action from the Commission on further
WORKSHOP MEETING 2 MAY 16, 1995
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negotiations. The Commission agreed to have City Manager Flatley proceed with negotiations with the
County without any formal action.
4. City Manager Flatley mentioned that Madsen, Sapp, Mena, Rodriguez & Company have conducted a
very professional audit this past year and that staff is very satisfied with their performance. .
Tom Evans, Madsen, Sapp, Mena, Rodriguez& Company, explained how much work and cost that is
involved in the first year to obtain a foundation on the City's business in order to conduct an audit. He
explained that 50% of the cost is involved in the first year and requested a 3 year extension of their audit
contract that will save the City cost.
U The Commission generally agreed that they prefer a one year extension with Madsen, Sapp, Mena, r
Rodriguez& Company for the time being.
ITEM 2 WAS HEARD AFTER ITEM 4
ITEM 5 WAS HEARD AFTER ITEM 2.
5. Will Allen, Growth Management Director, mentioned his desire to present additional information on
the item to purchase office equipment for the new conference room and library area since the Commission
continued it indefinitely on May 9. He pointed out that Police Capital funds have already been approved by
the Commission and no General Funds will be used. Funds were allocated in the 93/94 Growth
Management budget but never used. Mr. Allen explained that in order to purchase off another agency's bid,
that bid must have been approved within the previous 12 months according to bid requirements in the
Charter. He mentioned that Broward County's bid will expire June 21 and the Palm Beach County bid will
automatically increase after June 1 so delaying the project will cost more money and will require additional
procedures to be followed.
Mr. Allen explained that the furniture that has been chosen is recycled furniture with recovered frames and
that both bid proposals have some clauses in them about using small disadvantaged business participants.
Lou Ann Cunningham mentioned that Broward County requires 5% SDBE participation in their bids and
they advised her that there is a low response from SDBE furniture manufacturers.
Mr. Allen advised that all light fixtures are being changed in the library area and that FPL has a program
that will cost the City around $17,000 to change all City Hall lights. The City can receive a rebate of
$5,800.00 on this program but the paper work has to be submitted by June 1. The new lights will return the
amount expended in the first year of use due to energy savings.
6. City Manager Flatley explained that Bass Pro Shop is including Dania as one of the eight sites being
considered for their corporate business and that it seems to be coming down to Dania or Palm Beach. He
advised that the Broward County Commission adopted a Resolution in support of Bass Pro Shop coming to
Broward County and that Dania has conducted ongoing meetings with them over the past few weeks. Mr.
Flatley presented a conceptional plan that he would like to show Bass Pro to entice them to choose Dania
and commented on the financial benefits that Palm Beach County has to offer. Mr. Flatley felt that Dania is
closer to the population center and avid boaters and fishermen as well as the Latin American trade. The
WORKSHOP MEETING 3 MAY 16, 1995
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location on Griffin Road is ideal for easy access to Interstate I-95 and 595. The other concern about the site
involves a meeting with EPA and Bass Pro in obtaining a sign off letter confirming that the 5 million dollar
cleanup was completed and signed off on since the site was the old Lindsay Lumber site. Mr. Flatley
commented on the additional improvements that could be made to the Tri-rail system for possible ?:
connection to the proposed people mover in the future and the widening of Griffin Road. Further
comments related to Dania's lease with BCC for their boating needs at Tigertail Lake that might be
coordinated with Bass Pro's environmental programs and the need to contact Congressman Shaw.
7. Marie Jabalee, Acting City Clerk/Finance Director,advised that $547,000 is the last payment due in
accordance with the five year agreement with Broward County for fire prevention services. She explained
that the payment was not included in last years budget and that staff has tried to negotiate a 2 year payoff
plan with Broward County but they will only allow an extension to December 1995. Marie mentioned
that the agreement with the County will have to be amended to show a time certain on the payment and
that the City is now providing the fire protection services for the annexed area.
8. THIS ITEM WAS CONTINUED DUE TO COMMISSIONER GRACE BEING ABSENT
9. Commissioner Jones mentioned his recent attendance at a Water Workshop Seminar in Tallahassee
that provided him with information from Angie Brewer, Angie Brewer&Associates, from Braton on MBE
'i (Minority Business Enterprise) and WBE (Women Business Entities) as well as information on how the City
of Sarasota adopted policies on using minority business. Commissioner Jones felt that the City of Dania
should provide a specific goal to encourage minority participation in its bids.
P Mayor Hyde questioned whether the City wants to restrict itself to fulfilling a certain amount as was done
by Sarasota and Commissioner Mikes suggested to continue the item until Commissioner Grace is present. p=
Vice Mayor Bertino mentioned his concern that if a restriction is placed on receiving a certain number of
SDBE and WBE in a bid and the bidder cannot meet that requirement and then they have to provide an
i explanation as to why they can't meet the requirement that this may discourage bidders from wanting to
deal with Dania.
�..- THE MEETING WAS DISCONTINUED AT THIS TIME DUE TO A POWER FAILURE IN THE
BUILDING. THE ITEMS NOT ADDRESSED WERE CONTINUED TO THE JUNE WORKSHOP
MEETING.
MAYOR-64MMISSIONER
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CITY CLERK•A DITOR
WORKSHOP MEETING 4 MAY 16, 1995
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AGENDA
DANIA CITY COMMISSION
WORKSHOP MEETING
MAY 16, 1995
7:30 P.M.
1. Operating permit for Broward Recycling Center at Port 95 Commerce Park. (Staff)
2. Adjustment requested for Harbour Towne boat ramp fees. (Staff)
3. Status report on Airport negotiations. (Staff)
4. Madsen, Sapp, Mena, Rodriquez & Company request for extension of audit contract.
(Staff)
5. Further information on the purchase of office equipment for the new conference room and
library area. (Staff)
6. Bass Pro Shop discussion. (Staff))
7. Fire Prevention Services. (Staff)
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8. DEDC future development plans. (Comm. Grace)
9. Minority Business Enterprises discussion. (Comm. Jones)
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10. Establishing a fine for littering on Dania Beach. (Comm. Mikes)
11. Charter Review Board and Budget Review Board suggested. (Mayor Hyde)
12. Education Committee. (Comm. Jones)
;~ 13. House numbers for front and rear of homes and businesses. (Vice-Mayor Bertino)
14. Appearance and Beautification Board. (Comm. Mikes)
15. Commission salaries. (Comm. Mikes)
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CY Y Y OF DANdA
100 W. DANIA BEACH BLVD.
P.O. BOX 1708 Phone: 305 921-8700
DANIA, FL 33004
��qe•�L�1?��' Fax: (305) 921-2604
May 11, 1995
Office of General Counsel
Florida Department of Environmental Protection
2600 Blair Stone Road
t! Tallahassee, FL 32399 < -
RE: Operating Permit for Broward Recycling Center at Port 95 Commerce Park
Gentlemen:
' The City Commission of the City of Dania, Florida, on behalf of thousands of its
(¢ citizens, hereby formally requests that public hearings be held in the City of Dania to
r hear objections to the approval of this facility at the proposed location which is situated
a very short distance from a large residential area.
If additional information is needed regarding this request, please let us know.
Yours truly,
Frank C. Adler
City Attorney
City of Dania
CC: Mayor Bill Hyde
City Commissioners
Robert Flatley, City Manager
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REGULAR MEETING AGENDA
MAY 17 , 1995
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DIAMOND
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GOLD COAST
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CITY COMMISSION
1 =ry Mara Giulianti, Mayor
Richard S. Blattner, Vice Mayor
Cathleen A. Anderson, Commissioner
Kenneth Gottlieb, Commissioner
Eleanor Sobel, Commissioner
SAMUEL A. FINZ JAMIE A. COLE PATRICIA A. CERNY
CITY MANAGER CITY ATTORNEY CITY CLERK
REGULAR MEETINGS ARE HELD ON THE FIRST AND THIRD WEDNESDAYS
THE FIRST WEDNESDAY MEETING BEGINS AT 9:00 A.M.
THE THIRD WEDNESDAY MEETING BEGINS AT 9:00 A.M.
ROOM 219, GEN. JOSEPH W. WATSON CIRCLE, 2600 HOLLYWOOD BLVD., HOLLYWOOD, FLORIDA
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RULES OF PROCEDURE GOVERNING PUBLIC APPEARANCES
BEFORE THE CITY COMMISSION
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If a person wishes to address the City Commission, first obtain and complete an
informational card from the City Clerk After being recognized, approach the podium,give
your name and address, state whetheryou're a resident taxpayer of the City of Hollywood,
state whether you're in favor of, or against the agenda Hem in question and then proceed
to succinctly state your position or present your information.
If an attorney, or any person, appears before the Commission in a representative capacity,
t first obtain and complete an Informational card from the City Clerk. After being
`4 recognized, approach the podium, give your name and address, Identify your client or
clients, group or organization, state whether or not they are resident taxpayers of the City
of Hollywood and then state whether they are in favor of, or against the agenda Item in
question and proceed to succinctly state the client's, group or organization's position or
present information on their behalf.
CITIZENS COMMENTS - A period of 30 minutes shall be designated on the agenda for
citizens to speak on items not scheduled on that day's agenda. Each speaker shall be
given 3 minutes to speak. if more than 10 speakers register, those speakers who are
! unable to speak during the designated 30-minute period may speak at the end of the
meeting, if all agenda Items have been completed prior to the 5 PM adjournment. The
same n;les of procedure apply If additional time is available for citizens comments at the
end of the meeting. A citizens time is not transferrable. (R-94-403), adopted 9/21/94)
CITY COMMISSION BACKUP INFORMATION - For each agenda item backup may be
reviewed in the City Clerk's office in Room 221.
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CITY STAFF RESUMES - Resumes for all City staff who may testify on Planning and
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Jtl Zoning Quasi-Judicial items are available for review in the City Clerk's Office and are
automatically a part of the record for each such matter.
CITIZENS REQUEST FOR SERVICE FORMS - If any citizen has a complaint they wish
to register with the City or if they have a request for service, a form is available at the
Information Desk in the Lobby which may be completed and submitted to the Office of
Public Relations and Citizens' Assistance.
LOBBYISTS REGISTRATION REQUIRED - Registration as a lobbyist in the City of
Hollywood is required if any person, firm or corporation is being paid to lobby the
Commission on any petition or issue, pursuant to Ordinance 0-92.27. Registration fortes
are available in the City Clerk's Office, Room 221.
AUXILIARY AIDS AND SERVICES - Any individual with a disability who requires a
reasonable accommodation in order to participate in a City Commission Meeting may call
the City Clerk at 921-3211 and place their request at least two working days prior to the
meeting; three working days, if a braille agenda is requested. II hearing or speech
impaired, please contact the Florida Relay Service by using the following number. 1-80D-
955-8770 (Voice)or the City 967-4357 (TDD).
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City of Hollywood
REGULAR CITY COMMISSION MEETING
May 17, 1995
9:00 AM
Public Hearings:
NOTE: All time certain agenda items will not be considered by the
Commission earlier than the time listed for the item, however, the item may
be taken up at the time listed or later in the meeting.
1. Pledge of Allegiance
9:30 AM - Items - 8, 10, 12
2:00 PM - Item - 18
3:00 PM - Item - 19
2. Roll Call
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AWARDS, PRESENTATIONS & PROCLAMATIONS
" 3. R-95.200-Award Patrol Officer Lyle Bien, Police Officer of the Month, and
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f : Community Service Officer, Lourdes Brennan, Employee of the Month, for
April, 1995
4. Proclamation - National Public Works Week, May 21-27, 1995
L` 5. Proclamation - National Aquatic Week, May 27 - June 4, 1995
6. Presentation - By The Alamo Car Rental Agency to Officer Rick Eadie -
Finalist for the Florida's Officer of the Year
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7. Presentation-Hollywood Pioneers-Mr.At Vessella, Mr. Henry Murawski,
4 Mr. James Orr, Mrs. Rosa Barwick, Mrs. Phyllis Spates, Mr. Olhol H.
Souder
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ORDINANCES
9:30 AM 8. PO-95-32-Ordinance Second Reading -Amend Chapter 99 of the Code
of Ordinances. Ordinance Proposes to
AMEND CHAPTER 99 ENTITLED "MUNICIPAL BEACH", BY CREATING
A NEW SUBSECTION (P) TO SECTION 99.03, "PROHIBITING THE USE
OR POSSESSION OF FIREWORKS OR EXPLOSIVES ON THE CITY'S
BEACHES UNLESS OTHERWISE AUTHORIZED OR PERMITTED".
Recommendation: Chief of Police Recommends Approval.
Recommendation: City Manager Recommends Approval
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9. PO-95-33 - Ordinance First Reading - Amend Chapter 100 Entitled
"Noise" of the Code of Ordinances. Ordinance Proposes to
REPEAL CITY OF HOLLYWOOD CODE CHAPTER 100, ENTITLED
"NOISE" IN ITS ENTIRETY AND CREATE A NEW CHAPTER 100
ENTITLED "NOISE"; PROVIDE DEFINITIONS; PROHIBIT
UNREASONABLY LOUD OR DISTURBING NOISE; PROVIDE
LIMITATIONS UPON SOUNDS MADE ON PUBLIC STREETS OR OTHER
PUBLIC PROPERTY; PROVIDE FOR TEMPORARY PERMITS TO
EXCEED NOISE LIMITATIONS; PROVIDE FOR EXEMPTIONS TO THE
NOISE PROHIBITIONS; PROVIDE FOR ENFORCEMENT AND
PENALTIES FOR VIOLATIONS INCLUDE ACTIONS FOR ABATEMENT
OF NUISANCES BY THE CITY. Recommendation: Chief of Police
Recommends Approval. Recommendation: Director of Development
Administration Recommends Approval. Recommendation: City
t, Manager Recommends Approval
9:30 AM 10. PO-95-19 - Ordinance Second Reading - Amend Chapter 100 Entitled
"Noise" of the Code of Ordinances. Ordinance Proposes to
AMEND CHAPTER 100 OF THE CODE OF ORDINANCES ENTITLED
"NOISE" BY ADDING SECTION 100.07 ENTITLED "ENFORCEMENT
RESPONSIBILITY"; AND AMEND SECTION 100.99 ENTITLED
"PENALTY" TO ESTABLISH A MINIMUM AND MAXIMUM PENALTY.
Recommendation: Code Review Committee Recommends Approval.
Recommendation: Chief of Police Recommends Denial.
Recommendation: Director of Development Administration Recommends
Yayr' Denial. Recommendation: City Manager Recommends Denial
11. PO-95-34 - Ordinance First Reading - Amend Chapter 151 Entitled
; e. 'Buildings". Ordinance Proposes to
AMEND CHAPTER 151 ENTITLED 'BUILDINGS" BY MODIFYING
SECTION 151.108(A) AND SECTION 151.108(C) INCREASE THE
ALLOWABLE SIDE SLOPE FOR EXCAVATIONS FROM ONE FOOT IN
SEVEN FEET TO ONE FOOT IN FOUR FEET AND SECTION 151.108(A)
ELIMINATE THE MINIMUM BOTTOM ELEVATION FOR LAKES; AND
i SECTION 150.21(6)(2) INCREASE THE ALLOWABLE SIDE SLOPE FOR
WATER BODIES NOT CONSIDERED CANALS FROM ONE FOOT IN
SEVEN FEET TO ONE FOOT IN FOUR FEET. Recommendation:
(. Director of Development Administration Recommends Approval.
Recommendation: City Manager Recommends Approval 1
9:30 AM 12. PO-95-35 - Ordinance First Reading - Amend the Community
Redevelopment Plan. Ordinance Proposes to
AMEND THE COMMUNITY REDEVELOPMENT PLAN, AS ADOPTED IN
ORDINANCE NO. 0-81-3 AND AS PREVIOUSLY AMENDED IN
ORDINANCE NOS. 0-85-60, 0-91.69 AND 0-93.31 IN ACCORDANCE
WITH SECTIONS 163.346 AND 163.361, FLORIDA STATUTES, AS
AMENDED. Recommendation: Community Redevelopment Agency
Recommends Approval. Recommendation: Director of Community
Redevelopment Agency Recommends Approval. Recommendation:
' Director of Development Administration Recommends Approval.
Recommendation: Director of Community Planning Division
'I Recommends Approval. Recommendation: City Attorney Recommends
Approval. Recommendation: City Manager Recommends Approval
- 2 - May 17, 1995
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REGULAR AGENDA
13. R-95-201 - Subject to Approval by the City of Hollywood, Florida
Community Redevelopment Agency, the City of Hollywood, Florida
Community Redevelopment Agency to Issue its Redevelopment Revenue
Bond, Pursuant to Chapter 163, Part III, Florida Statutes, in Two Series,
the First Series to be Designated Series 1995 in a Principal Amount not to
Exceed Two Million Dollars ($2,000,000) and Aggregate Principal Amount
of the Two Series not to Exceed Four Million Five Hundred Thousand
Dollars ($4,500,000); Authorize the Use of the Proceeds of the Sale of the
Series 1995 Bond to Finance the Costs of Construction and Improvement
to Harrison Street by the Community Redevelopment Agency; Authorize
t? the Community Redevelopment Agency to Distribute a Request for
Proposals to Solicit Proposals for the Purchase of the Bond; Authorize,
Subject to Certain Limitations, the Community Redevelopment Agency to
Select the Proposal Most Acceptable to it and to Sell the Bond to the
Successful Proposer, Approve the Terms of an Intedocal Agreement
Between the City and the City of Hollywood, Florida Community
Redevelopment Agency Providing, Among Other Things, for a Pledge by
the City of Certain Public Service Tax Revenues as a Secondary Pledge
for the Repayment of Such Bonds; Authorize Appropriate City Officials to
Execute the Intedocal Agreement and any Bond Documents.
Recommendation: Community Redevelopment Agency Recommends
Approval. Recommendation: Director of Community Redevelopment
r' Agency Recommends Approval. Recommendation: Director of
Development Administration Recommends Approval. Recommendation:
Director of Community Planning Division Recommends Approval.
s'- Recommendation: Director of Financial Planning and Administration
- Recommends Approval. Recommendation: City Attorney Recommends
Approval. Recommendation: City Manager Recommends Approval
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14. R-95-202 - Authorize the Appropriate City Officials to Amend Rules of
' Order and Rules of Conduct and Procedure in Resolution No. R-89-30 and
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Resolution No. R-94-403 for the Governing of City Commission Meetings
of the City of Hollywood. Recommendation: City Manager Recommends
Approval
15. R-95-203 -Authorize the Appropriate City Officials to Approve Changes to
the City Commission Process to Appoint Members to the City Advisory
Boards and to Approve Changes to Other Aspects of the Government
Process as it Pertains to Advisory Boards. Recommendation: City
Manager Recommends Approval
16. R-95-204-Authorize Appropriate City Officials to use a Graphic Design for
use on the City of Hollywood's Bus as Selected by the City Commission.
Recommendation: City Manager Recommends Approval
- 3 - May 17, 1995
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17. R-95-205 - Waive a Technical Conflict of Peter Hernandez which no,"'I"
from his Serving on the Hispanic Affairs Council and Performing Unrelated
Services for Compensation which are Funded by the City.
Recommendation: City Attorney Recommends Approval
2:00 PM 18. CITIZENS COMMENTS (Total Time 30 Minutes)
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REGULAR AGENDA - CONTINUED
3:00 PM 19. R-95-206 - Presentation and Authorize the Appropriate City Officials to
Execute the Amended Agreement Between Integrated Environmental
Technologies (Broward Recycling, Inc.) and the City of Hollywood to
Provide for the Development and Operation of the "Hollywood Recycling
Center'. Recommendation: City Manager Recommends Approval
NOTE:Agenda items not scheduled for a specific time may be considered
at any time during the morning or afternoon, at the discretion of the
Commission.
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CONSENTAGENDA
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The City Manager places before the Commission for consideration the
following consent agenda items prepared by various offices and
departments of the City. If a citizen wishes to comment on a specific item, >,
at< they should ask the Mayor or a Commissioner to remove it from the
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F ' consent agenda for separate consideration.
OFFICE OF CITY CLERK
.`; 20. R-95.207 - Approve Regular City Commission Meeting Minutes -
5::.r;, February 1, 1995
21. R-95.208 - Approve Regular City Commission Meeting Minutes -
( February 15, 1995
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22. R-95-209 - Approve Planning and Zoning City Commission Meeting
Minutes - February 22, 1995
23. R-95.210 - Approve Regular City Commission Meeting Minutes -
March 1, 1995
24. R-95-211 - Approve Regular City Commission Meeting Minutes -
March 15, 1995
25. R-95.212 - Approve Planning and Zoning City Commission Meeting
Minutes - March 22, 1995
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OFFICE OF INFORMATION SERVICES
26. R-95-213 - Authorize the Appropriate City Officials to Execute an
Agreement Between BellSouth Communications Systems and the City of
Hollywood for On-Site Telephone Maintenance for an Estimated Annual
Amount of $26,985.00
POLICE DEPARTMENT
27. R-95-214-Authorize the Expenditure of Law Enforcement Forfeiture Funds
Pursuant to Florida's State Statute Chapter 932.7055 for Presentation to
Cooper City,Davie,Miramarand Pembroke Pines Police Departments,and
the Florida Department of Law Enforcement Representing Shared Assets
from a Prior Asset Forfeiture in an Amount not to Exceed $13,797.00
28. R-95-215-Authorize the Expenditure of Law Enforcement Forfeiture Funds
Pursuant to Florida's State Statute Chapter 932.7055 for Presentation to
iCooper City, Davie and Miramar Police Departments Representing Shared
Assets from a Prior Asset Forfeiture in an Amount not to Exceed
j $39,000.00
29. R-95-216-Authorize the Expenditure of Law Enforcement Forfeiture Funds
Pursuant to Florida Statutes Section 932.7055, for Enhancements to the
Showmobile Recently Purchased by the Police and Recreation and Parks
Department In an Amount not to Exceed $20,000.00
,3 30. R-95-217-Authorize the Expenditure of Law Enforcement Forfeiture Funds
Pursuant to Florida Statutes Section 932.7055, for Donation to the City of
Hollywood's Police Athletic League Program in an Amount not to Exceed
$23,239.00
PUBLIC UTILITIES DEPARTMENT
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31. R-95-218 - Authorize $250,000 in Matching Funds to Apply for a South
Florida Water Management District Grant to Perform a Pilot Study to Halt ?;
Saltwater Intrusion by Injecting Reclaimed Water into Contaminated Areas
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of the Biscayne Aquifer
aw 32. R-95-219 - Authorize the Appropriate City Officials to Execute Change
'1= Order No. 3, to the Contract between Lanzo Construction Co., Florida and
the City of Hollywood to Install a 30-Inch and 12-Inch Butterfly Valve on the
Floridan Transmission Main and to add Generator Receptacles, Lights,and
Additional Circuit Breakers at Each of the Floridan Wells Pump Stations
F-2, F-3, F-4, and F-5, in an Amount not to Exceed $88,557.83
33. R-95-220 - Authorize the Appropriate City Officials to Execute Change
Order No. 4 to Install Magnetic Flow Meters for Each of the Four Floridan
Wells F-2,F-3, F-4,and F-5, to the Agreement with the Lanzo Construction
Co., Florida, for the City of Hollywood Floridan Wells Pumping Stations and
Pipeline, In an Amount not to Exceed S167,792.76
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34. R-95-221 - Authorize the Appropriate City Officials to Execute Change
Order No. 14 to the Agreement Between the Poole & Kent Company and
the City of Hollywood for the Water Treatment Plant Upgrade, in an
Amount not to Exceed $44,228.00
35. R-95-222 - Authorize the Appropriate City Officials to Execute Change
Order No. 15 to the Agreement Between the Poole & Kent Company and
the City of Hollywood for the Water Treatment Plant Upgrade, in an
Amount not to Exceed $45,000.00
RECREATION AND PARKS DEPARTMENT
36. R-95-223 -Authorize Beach Broadwalk Merchants to Set Up and Maintain
ES f' a Merchandise Table in Front of Their Establishments During the 4th of
July Festivities
37. ii-93-224 - Authorize the Appropriate City Officials to Execute a Lease
Agreement Between the School Board of Broward County and the City of
Hollywood for the Board's Playground Located at Stirling Elementary
School in an Amount not to Exceed $1.00 Per Year
38. R-95-225 - Authorize Appropriate City Officials to Apply for a Florida
Inland Navigation District Grant to be Used for Signs at the Hollywood
Marina, in an Amount not to Exceed $7,300.00
DEVELOPMENT ADMINISTRATION DEPARTMENT
f 39. R-95-226 - Support the Proposal to Include South Broward County as an
Expansion Site of the Family Transition Program as Submitted by the
{` Department of Health and Rehabilitative Services, District 10
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40. R-95-227 - Authorize the Execution of Amendment No. 3 to the Joint
Participation Agreement Between the City of Hollywood and the Florida
Department of Transportation Allowing the Expenditure of an Additional
$100,000 and Authorizing the Execution of the Required Change Order to
the Contract Between the City of Hollywood and Weekley Asphalt Paving,
Inc. Concerning the Drainage Improvements to the Orangebrook Golf
Course for Additional Work Reimbursed by the Florida Department of
Transportation at no Additional cost to the City
INFORMATIONAL REPORTS
These reports are provided for information only. Interested citizens can
contact the Mayor or Commissioners, department or office responsible, if
they have questions or comments.
41. IR-95-37 - Status Report on Scheduled Meetings and Workshops (Office
of the City Manager)
is
- 6 - May 17, 1995
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42. IR-95-38 - Status Report on Suggested Dates and Locations for City
Commission Town Hall Roundtable Discussions (Office of the City
Manager)
43. IR-95-39 - Status Report on Artwork Selection Committee Appointments
(Office of the City Manager)
44. IR-95-40 - Status Report on Change Order Status, for Bond Projects
(Department of Public Utilities)
COMMISSION AND CITY ATTORNEY ISSUES
45. Commissioner Anderson
t, 46. Vice Mayor Blattner 0-
;. 47. Commissioner Sobel
48. Commissioner Gottlieb
49. Mayor Giulianti
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50. City Attorney
ti
51. ADJOURNMENT
i 'lxN.
Any person wishing to appeal any decision made by this Commission with respect to any matter
considered at such meeting or hearing will need a record of the proceedings,gs, and for such
purposes may need to ensure that a verbatim record of the proceedings is made, which record
>r S includes the testimony and evidence upon which the appeal is made.
1Et'•%T$x�
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. 7 - May 17, 1995
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'a CITY of
HOLLY
WOOD, FLORIDA
Samuel A. Finz
City Manager (305)921.3201
May 12, 1995
4 . The Honorable Mayor
of the City Commission Members
City of Hollywood
2600 Hollywood Boulevard
Hollywood, FL
Madam Mayor and Commissioners:
I am pleased to report that after extensive negotiation between representatives
of the City, IET and AT&T regarding the Broward Recycling
attached agreement was reached. The terms and condi ones income May 1 n the
agreement will ultimately result in additional cost savings to the citizensOf Hollywood,
1 the
enhance recycling productivity,
Representatives of boost
Recyclliing, Inc., Black dandlVeatch' a�ddAT&Tt jobs.Corporation will be present at the City Commission meeting of May 17 to present the
recommended project and to respond to questions.
1 fully support and recommend a
have placed this item on the May 17 Agenda for Commission apprpproval and o of this project, and
z outline of key elements of the project as described in the agreementVal- Following is an
• Site: The property for development of the eHOII
I Ywoot Recycling Center• is the ,
previously described ten acre tract located on the north side of Southwest 42nd
Street, adjacent to the FP&L plant and Alandcoa The owner of the pro
entering into a long term lease with IET and will petition for voluntary annexrty is
ation
into the City of Hollywood, (currently contiguous to boundary).
• Fin_ anclno• AT&T Capital Corporation has stated in face to face negotiations with
the City, their intention to finance this project estimated at $22 to $24 million. The
approved project based upon the terms and conditions of the attached agreement,
will require the assets of Black & Veatch to guarantee the loan, providing AT&T with
their necessary security.
OFFICE OF THE CITY MA.\ACER / + H011 wood 01%d / P a hoe 229043 /Hollvwood.Florida 3.3e;:•.9U45/Faa(303)921.3314
'Nn Equal OPPurlunii.v and Sere ore Prueider
Agency
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1,d
The Honorable Mayor and Members
of the City Commission
May 12, 1995
Page Two
• Cost Savings to the City: The City will be receiving a minimum rebate of $100,000
per year, up to a maximum of 5% of the total tipping fees paid by the City to IET.
Such rebate payment will be based upon recycling revenues earned by IET above a
base amount of $1.2 million annually. Additionally, in the unlikely event that IET .r
tipping fees would exceed that which the City would have paid to Broward County,
the difference will be rebated to the City without exceeding IETs recycling
revenues. Furthermore, the City will continue to be able to remove up to 2400 tons
of newsprint from the wastestream, creating more cost avoidance and revenue for
y. the City.
• Economic Development: The development of a $24 million recycling facility in the
City will further stimulate tax revenues, particularly considering the industrial nature
of the improvements. Additionally, new jobs will be created for local residents.
The 'Hollywood Recycling Center" will serve only the City of Hollywood's
recycling and solid waste disposal needs for our estimated 50,000 tons per year of
residential collection and 10,000 tons per year of yard waste. The City has an
opportunity with this project to provide numerous benefits to our residents and to be at
the forefront of recycling programs.
I strongly support adoption of the attached agreement, which will subsequently
require approval of the Broward County Resource Recovery Board, so that
implementation of the project may begin.
Ic. S' cerely, y'
Samuel A. Finz
Attachments
PUD
s.
RESOLUTION NO.
A RESOLUTION OF THE CITY CONMUSSION OF THE CITY
OF HOLLYWOOD, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
ASSIGNMENT OF THE RECYCLING FACILITY AGREEMENT
BETWEEN THE CITY AND BROWARD RECYCLING, INC.,
AND TO EXECUTE AN AMENDED AND STATED
EN�EMNNfE BETWEEN THE CITY AND INTEGRATED NTAL TECHNOLOGIES, INC.
I
t! WHEREAS' the City C ""misvoq following an RFP
i Process, awarded a contract for
' I the provision
of recycling services to Broward Recycling, Inc. on September 25, 1991, "the
Agreement"; and
WHEREAS, the Agreement- I Provided that it could be assigned with the consent of the City Commission; and
WHEREAS. subsequent to the execution of the original
agreement, Broward
Recycling, Inc, has formed a new com
a ,
F PanY. Imegrated Environmental Technologies, Inc., in
Partnership with Black& Veatch, a national engineering>irrn; and
WHEREAS, it is appropriate that the original
*. Agreement be assigned to the new
9�� I entity; and
IWHEREAS'Ong the Period of time since the execution of the original ageeme the specifics of the implementation of the mixed waste Materials recovery facility have evolved to a
degree thaz it is appropriate to execute as Amended and Restated Agreement between the parties;
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMIriISSION OF THE
i
CITY OF HOLLYWOOD, FLORIDA:
&U+srJL_l: That the appropriate City o>Edals are hereby authorized to execute as
assignment of the existing Agreement between Broward R
aSc ing Inc. and the City of Hollywood.
Section 7: That the appropriate City officials are hereby authorized to execute the
attached Amended and Restated Agreement between the City of Hollywood and Integrated
Environmental Technologies, Inc., together with such nonmaterial changes as may be agreed to by
the City Manager and approved as to form and legality by the City Attorney.
PASSED AND ADOPTED this_day of . 1994.
t I
MARA GIULLQ-M, MAYOR
j ATTEST: ENDORSED AS TO FORM&LEGALITY
for the use and reliance ofthe City ofHollywood
only.
- ! PATRICIA A. CERNY, CITY CLERK JAMIE ALAN COLE,
CITY ATTORNEY
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E
AMENDED AND RESTATED AGREEMENT
BETWEEN
CITY OF HOLLYWOOD
AND
E INTEGRATED ENVIRONMENTAL TECHNOLOGIES
This Agreement is made and entered into this day of
1995, by and between the City of Hollywood, a municipal
corporation located in Broward County, Florida (hereinafter the
"City") and Integrated Environmental Technologies, a corporation
organized pursuant to the laws of the State of Florida
(hereinafter the "Company") .
WHEREAS, City of Hollywood (the City) entered into an
if agreement dated September 25, 1991 (the 1991 Agreement) , with
Broward Recycling, Inc. (Broward) , whereby Broward agreed to
design, construct, equip, and operate a Material Recovery
Facility and accept and process solid waste for recycling
purposes; and
WHEREAS, Broward assigned the 1991 Agreement to Integrated
Environmental Technologies (Company) , and such assignment was
consented to by the City by Resolution R-95- and by
agreement dated (the Assignment) , both of which are
attached hereto and made a part hereof as composite Exhibit "A";
and
WHEREAS, City has all municipal home rule powers to carry
out its responsibilities as granted under its Charter and by the
p' Home Rule Powers Act, Chapter 166, Florida Statutes, as amended;
and
C'
WHEREAS, Florida Statutes Section 403 .706 reserves to
1 municipalities the right to recycle their solid waste and
encourages such recycling efforts; and
�x
WHEREAS, Florida Statutes Section 403.713 provides that
while a municipality may be obligated by interlocal agreement to
deliver solid waste to a (county) resource recovery facility,
"[s]uch solid waste shall not include that portion separated at
the point of generation or after collection and intended to be
held for purposes of recycling; " and
WHEREAS, on July 20, 1988, after passage of the Florida
Solid Waste Management Act, F.S. Section 403.702 et seq.
(hereinafter the "Act") , the City entered into an Interlocal
Agreement with Broward County (as herein defined) and became a
"Contract Community" of Broward County's planned resource
recovery facility; and
I
WHEREAS, Section 4 . 11 of the Interlocal Agreement and
Section 3 of the City's Waste Flow Control Ordinance,
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respectively provide that the City and other Contract Communities
do not relinquish title and interest in their solid waste until
delivery to the resource recovery facility occurs; and
WHEREAS, Section 4 . 13 of the Interlocal Agreement and
Section 3 of the City's Waste Flow Control Ordinance,
respectively provide that the Agreement and Ordinance are not
intended to "discourage or prohibit either voluntary or locally
ordained solid waste segregation programs segregating scrap or
new or used materials at the point of generation or held for the
purposes of reuse or recycling; " and
WHEREAS, Section 12.2 of the Interlocal Agreement provides,
in relevant part, that the solid waste disposal services under
the Agreement shall comply with all applicable State and Federal <--
laws and that the Agreement shall be construed in accordance with
Florida law; and
r.,
! WHEREAS, in August, 1989, Broward Recycling, Inc. ,
predecessor in interest to the Company, responded to a City
Request for Proposals and was selected by the City Commission to
provide recycling services to the City subject to an agreement to
be negotiated; and
s?r WHEREAS, the City and Broward Recycling, Inc. •reached a
conceptual agreement with the Broward County Resource Recovery
' . Board (the "Board") for the recycling of a portion of City solid
waste; and
"= WHEREAS, notwithstanding the Board's conceptual approval the
x Cityand Company have agreed to submit this Agreement to the
'+ Boad for its review and a g
approval; and
it s,�t
:. WHEREAS, the City and its citizens desire to recycle solid
waste through the City's local recycling plan; and
WHEREAS, The City and Company now desire to enter into an
Amended and Restated Agreement whereby the Company will design,
(; construct, equi
p,p, and operate a Full Stream Material Recovery
Facility and accept and process for recycling purposes the City's
solid waste, as intended and encouraged by Florida law;
NOW, THEREFORE, IN CONSIDERATION of Ten Dollars ($10.00) and
other good and valuable consideration, the receipt of which is
hereby acknowledged, and in further consideration of the mutual
promises, covenants and conditions hereinbefore and hereinafter
contained, City and Company wish to amend and restate the 1991
Agreement that was assigned by Broward to Company (i) to reflect
the changes made in the parties thereto; and (ii) for the sake of
clarity and convenience to restate the 1991 Agreement in its
entirety as amended. Accordingly, upon the execution by the
parties, the 1991 Agreement shall be amended in its entirety and
Aw 5-i1-95 2
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as so amended shall read as follows :
ARTICLE 1
The provisions contained in the above preamble are true and
correct, and are hereby incorporated into the body of this
agreement as if restated in full.
i
ARTICLE 2
DEFINITIONS
I For the purpose of this Agreement, the defined terms set
forth in Article 1 below shall have the following meanings unless
the context clearly requires otherwise:
"City" means the City of Hollywood, Florida, a municipal
corporation of the State of Florida, possessing all municipal
powers under its Charter and the Home Rule Powers Act, Chapter
166, Florida Statutes.
s "City Collected Waste" means all Solid Waste which is
subject to mandatory collection by or on behalf of the City under
S City ordinance (as existing at the time of contract execution) .
Such waste shall include Recyclable City Waste. CYty Collected
Waste shall not include Unacceptable Waste.
"City Collected Yard Waste" means that portion of City Waste
which is collected separately from City Collected Waste and is
comprised of tree limbs, stumps, branches, palm fronds, shrubbery
cuttings, fruits, weeds, leaves and grass clippings.
City. "City Waste" means all Solid Waste generated within the
"Company's Financier" means the company or companies
providing financing to the Company for the Facility. After the
completion of construction, any such Financier shall be the
lessor of the Facility.
"Compost" shall have the meaning given in Section 62-709.200
F.A.C. , as amended, and the type of Compost shall be determined
by the standards set out in Section 62-709.550 F.A.C. . as
amended.
"Hazardous Waste" means wastes which are hazardous,
including: "hazardous waste" pursuant to Chapter 403 of Title
XXIX of the Florida Statutes, and future amendments to or
recodification of such statutes or regulations promulgated
thereunder; materials regulated under the Resource Conservation
and Recovery Act, 42 U.S.C. Section 6901 et seq. , as amended, and
related federal, State and local laws and regulations; materials
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regulated under the Toxic Substance Control Act, 15 U.S.C.
Section 2601 et seq. , as amended, and related federal, State and
local laws and regulations; materials regulated under the
Comprehensive Environmental Response, Compensation and Liability
Act, 42 U.S.C. 9601, et seq. , as amended, and regulations
promulgated thereunder; and materials regulated under any future
additional or substitute federal, State or local laws and
regulations pertaining to the identification, transportation,
treatment, storage or disposal of toxic substances or hazardous
waste. If two or more governmental agencies having concurrent or
overlapping jurisdiction over hazardous waste adopt conflicting
definitions of "hazardous waste", the broader, more restrictive
definition shall be employed for purposes of this Agreement.
U. "Household Hazardous Waste" means those wastes, not - .
constituting Hazardous Waste, resulting from products purchased
by the general public for household use which, because of their
quantity, concentration, or physical, chemical, or infectious J
characteristics, may pose a substantial known or potential hazard
to human health or the environment when improperly treated,
disposed, or otherwise managed.
"Interlocal Agreement" means the agreement by and among the
County and the Contract Communities, including the City, pursuant
to the terms of which the Contract Communities do not relinquish
title and interest in their respective solid waste stream until
they deliver it or cause it to be delivered to the County's
' resource recovery facility and pursuant to which the Contract
Communities are not discouraged or prohibited from voluntary or s
locally ordained solid waste segregation programs for the purpose
of recycling.
}' "Material Recovery Facility" or "Full Stream Material
Recovery Facility" (the "Facility") means the facility to be
designed, constructed, equipped, and operated by Company for the
purpose of receiving City Collected Waste and removing
Processable Waste therefrom and processing such material for
recycling in accordance with the terms of this Agreement.
"Nonprocessable Waste" means all Solid Waste that is not
"Processable Waste" .
"Processable Waste" means that portion of the Solid Waste
stream which is deemed by general practice and usage in the
resource recovery industry to be capable of being processed in a
Material Recovery Facility, including, but not limited to, all
forms of household garbage, commercial and light industrial
waste, natural yard waste, paper and cardboard, plastics,
aluminum and steel cans, glass bottles and jars, newspaper,
high-rise apartment waste, office and business garbage and
recyclable material, and any and all commingled recyclable
material .
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"Recyclable City Waste" means that portion of City Collected
Waste which is capable of being removed from the waste stream for
recycling purposes .
"Recycled Material" means any material that is sold or given
away for re-use and is not disposed of in an incinerator or
landfill .
"Residue" means that portion of City Collected Waste
remaining after processing the City Collected Waste and which is
not suitable for recycling and which must be disposed. '
"Solid Waste" means Processable Waste and Nonprocessable
Waste, but excludes Unacceptable Waste.
"Solid Waste Management Act" or "Act" means Chapter 403,
Florida Statutes, as amended, the legislation enacted by the
Florida Legislature to reduce the volume of solid waste generated
within the State of Florida.
"Unacceptable Waste" means that portion of the waste stream
that is deemed by general practice and usage in the resource
recovery industry to be not acceptable in a Material Recovery
Facility, including, but not limited to: Hazardous Waste, motor
vehicles, trailers, bulky items of machinery or equipment,
flammable substances, sludge, liquid wastes, sewage, manure,
explosives and ordinance materials, radioactive materials,
pathological and biological waste and all waste originating from
sources other than residential, commercial, and light industrial
A sources . None of such material shall constitute either
Processable Waste or Nonprocessable Waste. Provided however,
that Household Hazardous Waste shall not be considered
Unacceptable Waste.
Any reference herein to "annual" or "year" shall mean a City
Fiscal Year commencing on October 1 and ending on the following
September 30th.
ARTICLE 3 J
TIME FOR PERFORMANCE; CONDITIONS PRECEDENT
. I -
3. 1. Effective Date. Except as otherwise provided for
herein, the obligations of the parties shall take effect on the
day of execution hereof by both parties.
i
3.2 . Conditions Precedent. The obligations of the City
hereunder are subject to and conditioned on the satisfaction or
occurrence of the following conditions precedent by the Company
within the time periods set forth below:
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3.2 . 1. This Agreement is contingent upon the Company having
a written commitment for institutional or private financing no
later than the Effective Date of this Agreement. Such financing
must be sufficient In amount to acquire the site of the Facility
and construct and equip the plant in accordance with the plans
and specifications of the Company for the Facility. In the event
that the subject financing shall not be available and closed
within six (6) months of the Effective Date, then this Agreement
shall automatically terminate unless a written extension
agreement has been signed by both parties.
3.2.2. Site Acquisition. In the event Company is not able,
despite good faith efforts, to locate a suitable and acceptable
site in the City, the Company shall be required to obtain the
written consent of the City as to the alternate location of any
proposed Facility Site. Any such consent to an alternate Facility
Site as provided for herein shall not be unreasonably withheld,
provided that approval of an alternate site shall not extend the
period referenced herein. In no event shall the City be required
to transport Waste further than 10 miles from the City limits.
i
3.2.3. Permits. The Company shall obtain all required
permits, licenses, and authorizations necessary for the
construction and start-up testing of the Facility, other than
those which by law cannot be obtained until after commencement of
construction.
r 3.2 .4 . Acceptance Test. Within eighteen ( 18) months of the -
Effective Date hereof, the Facility shall commence acceptance
testing as outlined in Article 4, and the Facility shall meet the
- acceptance criteria within thirteen (13) weeks of commencement of
the testing.
3. 2.5. Within 120 days of the Effective Date hereof, Company
q and its principal shareholders and directors shall have complied
with and been approved under the City's Background Check
Ordinance, Code Section 95.02. An unacceptable Background Check
shall be an event of default hereunder.
3.2.6. On or before the Effective Date, there shall be no
outstanding materially adverse judgment, ruling, or order entered
by a court of competent jurisdiction which affects in any
material respect the validity, binding effect or enforceability
of the obligations of the City or Company under this Agreement.
ARTICLE 4
CONSTRUCTION AND OPERATION OF RECYCLING FACILITY
4 . 1. The Company will design, construct, equip, and operate
the Facility so that it will comply with all applicable County,
state, and federal laws, regulations, and similar requirements as
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they may now exist or hereafter be amended, including all
applicable requirements concerning noise, odors, effluents, and
emissions applicable to the Facility, except as may be modified,
waived, or amended by the applicable regulatory agency(ies) .
Nothing herein contained shall limit the City's ability to
enforce its Codes .
4.2. The Company shall be responsible for the maintenance of
all permits and licenses associated with the operation of the
Facility and making any equipment or system royalty or similar
payments, if any, that are due to third parties. The Company
shall at its sole cost and expense conduct such tests of the
Facility from time to time as shall be required by such permits
and licenses and shall make such test results available to the
:
City. Company shall provide copies of any such permits, or`U renewals thereof, and test results to City in a timely manner.
.s
` , 4 .3 The Acceptance Test shall require the Facility toaccept and process an average of 1,200 tons of Processable Waste
. ?r per week over a continuous four 4( ) week period. During this
test, the Facility will accept and process an average of 225 tons
of Processable Waste per day. Company shall demonstrate the
t ability of the Facility to process 300 tons of Processable Waste
per day on two consecutive days, on two occasions during the
Acceptance Test. At least half of the newsprint, glass bottles,
HDPE and PET bottles and aluminum cans shall be removed from the
waste stream by the Company, processed for recycling in
accordance with this Agreement, and there shall remain no more
than 30% of the City Collected Waste as Residue after processing.
r, Verification of these performance criteria shall be made as
stated in Exhibit "D" attached hereto.
4 . 4 . Upon completion of acceptance testing, the Facility
shall be capable of accepting and processing not less than 400
tons per day and 2,000 tons per week of City Collected Waste.
C:
4 .5. The Company will design, construct, equip, and operate
the Facility so that at all times there will be sufficient
recycling equipment for processing of City Waste that City
delivers to Company when City collection is operational. Company
shall be entitled to thirty (30) days notice of any permanent
change in the City's collection schedule, however, the City shall
have no obligation to seek the consent of Company prior to
changing its schedule.
4 . 6. Company agrees to design, construct, equip, and operate
as 'part of the Facility a wholly enclosed composting facility
that will compost and recycle the organic portion of the
Processable Waste delivered to the Facility. Company will control
odors by complying with air pollution and odor control
regulations, and the operation of the Facility shall not result
in the creation of a nuisance.
0.ev S-I:-95 7
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4 . 7. During the Acceptance Test, and every twelve( 12) months
thereafter, the Company shall perform a waste composition study.
The results of that study shall be used to measure the various
performance standards set forth in this Agreement. The City may,
w at its option, have its own waste composition study performed by
an independent contractor. Should the results of the City's
study vary more than 5%, in the aggregate, from the results
provided by Company, Company shall be required to pay the coat of
City's study, and the result used for calculations will be the
average of the two. City shall choose its independent contractor
subject to the consent of Company, which consent shall not be
unreasonably withheld.
4. 8. In addition to City Collected Waste, the Facility shall
have the capacity for and process all City Collected Yard Waste. a
ARTICLE 5
TERM OF AGREEMENT
This Agreement shall become effective on the Effective Date
and shall continue in full force and effect for a period of
twenty-one (21) years from the successful completion of the
Acceptance Test, unless this Agreement is sooner terminated i
during the term as provided for herein.
ARTICLE 6
TYPE, DELIVERY, AND AMOUNT OF WASTE FOR RECYCLING
[, P 6. 1. The parties estimate that City Collected Waste totals
approximately 50,000 tons annually. Exhibit "H" presents a
summary of historical and projected totals for City Collected
{"4,'"r" Waste. In addition, the City estimates that City Collected Yard
Waste totals approximately 10,000 tons annually. The City shall
deliver to the Company all City Collected Waste, less 2400 tons
per year of Old News Print, and all City Collected Yard Waste.
�R
6.2. Company shall not be obligated to accept Unacceptable
Waste.
6.3. The Company shall accept and process all City Collected
Waste delivered or caused to be delivered by the City. However,
the Company shall not be obligated to accept more than four
hundred (400) tons per day or 2000 tons per week of City
Collected Waste and City Collected Yard Waste. In order to
facilitate the operation of the Facility, the City agrees to use
its best efforts in attempting to deliver the required tonnage in
reasonable installments consistent with City collection
practices.
6 .4 . The Company shall remove from the Processable Waste
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which is the subject of this Agreement, and process for
recycling, materials composed of paper, glass, plastic, steel and
aluminum, and shall compost the organic portion. Newsprint, glass
and plastic bottles, and ferrous and aluminum cans shall be
i removed from the Processable Waste to meet the guidelines of the
Act. Recycling, distribution of recycled materials and disposal
shall comply with the requirements of the Act.
6 .5. The Company shall provide City with a minimum of thirty
(30) days written notice of any scheduled shutdowns and
reasonable notice of any unscheduled shutdowns of the Facility.
Any shutdown which results in the City falling below the State
mandated reduction in the City's waste stream shall constitute an
event of default. Failure to cure said default within 180 days
shall result in the termination of this Agreement. Company shall "
be responsible for the payment of any fines levied against City
4h ,. for a failure to meet recycling goals when such failure is the
t result of a shutdown of the facility, unless the shutdown occurs
' through no fault of the Company.
3, 6 .6. The City shall have the option to purchase any portion
of the Type A Compost produced by Company at the Facility at 90%
of the market price. The City shall take delivery of up to 4000
tons of Type A or Type H Compost per year to the City, within t:1i
City limits at locations designated by the City in •five to ten
(5-10) yard lots, at no charge to Company or City.
6 . 7 . Company shall be responsible for the transportation and
disposal of all Residue at the Hroward Resource Recovery
facility. City shall not be responsible for any of the cost for
such transportation and disposal.
6 . 8. In the event that City, due to extraordinary
circumstances, collects Waste which Company determines is in
excess of the Facility's ability to accept and process such Waste
on any particular day, City shall have no obligation to hold such
Waste and may dispose of any such excess in any legal manner
without incurring any liability, under section 6.3 of this
Agreement or otherwise, to Company for the tonnage so disposed.
ARTICLE 7
y.
TIPPING FEES
7 . 1. The City shall pay to Company a per ton tipping fee for
all City Collected Waste and City Collected Yard Waste delivered
to the Facility in accordance with the attached Tipping Fee
Schedule (Exhibit "C") .
7.2. The terms of the Florida Prompt Payment Act shall apply
to all payments due under this Agreement. In addition to the
monthly statement, Company shall also provide the City with
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copies of the truck weight tickets for the month of such billing.
j The tipping fee payable by City shall be based upon the number of
tons of City Waste accepted by the Company at the Facility each
month, as otherwise modified by this Agreement. In addition, the
Company shall give the City a detailed monthly report identifying
how many tons of City Waste and other Processable Waste, if any,
have been recycled by the Company from all sources and broken
down by source.
7.3. The City's obligation to deliver all City Collected
Waste and City Collected Yard Waste to Company shall commence
upon the completion, licensing, and the commencement of the
Acceptance Testing of the Facility. In any fiscal year in which
the City fails or refuses to deliver or cause to be delivered to
Company, through no fault of the Company,p y, all City Collected
Waste and City Collected Yard Waste, the City shall nevertheless
be obligated to Pay to Company in such year the then current
tipping fee per ton, for a tonnage equal to the difference
between the total City Collected Waste, and City Collected Yard
Waste, and that portion thereof delivered to the Facility.
ARTICLE 8 a
TITLE AND REVENUE TO RECOVERED MATERIALS =
The Company shall retain one hundred percent (100%) interest
in the revenues from and title to the Processable Waste that is
i tH
delivered to the Facility.
ARTICLE 9
INSURANCE
i
9 .1 . The Company shall maintain the following:
i 9 . 1 . 1 . Workers' Compensation Insurance as required
by law.
i
9. 1 .2. Commercial General Liability with a minimum
limit of $1,000,000.00 per occurrence j
aggregate combined single limit for Bodily
Injury and Property Damage liability.
Coverage will include premises/operations and
independent contractors.
9. 1.3. Comprehensive Automobile Liability with a
minimum limit of $500,000.00 per occurrence
aggregate combined single limit for Bodily
Injury and Property Damage liability.
Coverage must include owned, hired, and non-
owned vehicles.
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9 . 1.4 . Prior to the Acceptance Testing Date,
Builder's Risk Insurance coverage for "all
risks" with limits equal to the total
replacement value of the Improvements . The
deductible for "all other perils" shall not
exceed $25,000.00.
9. 1.5. After the Acceptance Testing Date, Property
damage insurance is an amount not less than
the full replacement value of the
improvements and difference in condition
coverage as customarily provided on similar
" facilities to the extent available on
commercially reasonable terms.
9 .2 . City shall be provided copies of Certificates of
if Insurance which shall include a thirty (30) day advance notice of
material changes, cancellation, or non-renewal of coverage. City
shall be named as an additional insured on all required insurance ,policies.
9 .3. The requirement of Company to maintain Insurance during
the term of this Agreement shall not be construed as a waiver of I sovereign immunity or any other defenses which may be available
to the City pursuant to law.
9.4. Any lapse in the required coverages shall be deemed an
event of default under Article 14.
9.5. Company also agrees to hold harmless and indemnify City
against any claims or costs incurred by City relating to any
:p third party contracts that Company enters into with respect to
the redelivery and or resale or marketing of recycled products.
' ARTICLE 10
I A
FORCE MAJEURE
10. 1. If the City or Company is unable to perform, or is
'. delayed in its performance of, any of its obligations under this
Agreement by reason of any event of force majeure, such inability
or delay shall be excused at any time during which compliance
therewith is prevented by such event and during such period
thereafter as may be reasonably necessary for the City or Company
to correct the adverse effect of such event of force majeure.
10.2. An event of "Force Majeure" shall mean the following
events or circumstances, to the extent that they delay the City
or Company to correct the adverse effect of such event of force
majeure.
10.2. 1. Strikes and work stoppages other than those
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occurring at the Facility caused by an act or
omission of the Company or its agents or
assigns;
s 10.2 .2. Acts of God, tornadoes, hurricanes, floods,
sinkholes, fires, and explosions (except
those caused by the willful misconduct of the
Company, its agents, and assigns) ,
landslides, earthquakes, epidemics,
quarantine, pestilence; and
10.2.3. Acts of a public enemy, acts of war,
terrorism, effects of nuclear radiation,
blockades, insurrections, riots, civil
tr disturbances, or national or international
calamities.
10.3. In order to be entitled to the benefit of this
section, a party claiming an event of force majeure shall be
required to give prompt written notice to the other parties
specifying in detail the event of force majeure and shall further
_ be required to use its best efforts to cure the event of force
majeure. The parties agree that, as to this section, time is of
the essence.
ARTICLE 11
j, LICENSING AND PERMITS
Company agrees to operate its recycling facility in a manner
? consistent with applicable Federal, State, and local governmental
{ and licensing requirements. Company agrees to actively solicit
and obtain and have in full force and effect at all times, all
Federal, State, and local governmental approvals and permits
necessary to operate its Facility. Company acknowledges that it
has the sole responsibility for compliance with the licensing and
permit requirements which relate to the operation of the
Facility.
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ARTICLE 12
COMPANY PAYMENTS TO CITY
12 . 1. Company will pay City the amount that gross
Recycling Revenues exceed the Recycling Revenue base established
in the Tipping Fee Schedule attached as Exhibit "C". Provided
however, such payment shall not be less than $100,000 per year
and shall not exceed five percent (5%) of total tipping fees paid
by City. If the Company's tipping fee is greater than the County
tipping fee, Company shall pay to City an additional amount equal
to the remaining difference between what the City has paid to
Company and what it would have paid to County, but in no event
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more than all recycling revenues in excess of the amount shown on
exhibit "C" .
12 .2 • Payments owing to City for previous year shall be
i paid by Company within sixty days after closing of each year.
ARTICLE 13
I
NON-EXCLUSIVE USE
Unless agreed to by City, the Facility to be constructed and
operated by Company may not be used by Company to accept or
process anything other than City Collected Waste.
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V ARTICLE 14
k TERMINATION FOR BREACH OR EVENT OF DEFAULT
14. 1 . City shall have the right to terminate this
Agreement on ten (10) days written notice in the event Company is
unable to meet its obligations and conditions precedent under
Article 3.
14.2. The Company's Financier shall have the right (but
not the legal obligation) to cure, at its option, any breach or
default by Company which Company refuses or is unable to cure.
Notwithstanding anything else in this Agreement to the contrary,
c Company shall be allowed to assign this Agreement to Company's
s ^' Financier, at the option of Company, if Company is unable or
4 unwilling to continue performance after cure of Company's breach
&} or default.
s„ 14 .3. City shall have the right (but not the legal
obligation) to cure, at its option, any breach or event of
4' default by Company which Company and Company's Financier refuse
or are unable to cure in the first instance. Any reasonable and
necessary expense incurred by City for any such cure shall be
borne by Company and may be taken as a credit against any tipping
fees, or any other sums, due from City.
14.4. In the event of any breach or default by Company,
( the City shall give the Company notice of same in writing and
Company shall be given a reasonable opportunity (within thirty
(30) days, or such longer period of time, as approved by the City
Commission, which shall not be unreasonably withheld if Company
is attempting in good faith to cure any such default or failure
to perform) to cure said default or breach. Company shall have an
affirmative obligation and duty to cure (within 30 days of
receiving written notice or as otherwise extended as provided
herein) any material breach of this Agreement or failure by
Company to perform its obligations hereunder. In the event that
the breach or default is not cured as provided above, this
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Agreement shall terminate without the necessity of further notice
or action on the part of City.
14 .5. No transfer of the Company's Financier's interest
w may occur unless the transferee entity is of similar financial
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strength as Compamy's Financier.
14 .6. Failure of the Company to operate Facility in full
compliance with all applicable federal, state and county
regulations shall be deemed an event of default. Failure to
comply shall be demonstrated by a failure of Company to meet the
terms of any non-appealable ppealable order of any agency with
, j jurisdiction.
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ARTICLE 15
G
LIMITATIONS ON
ASSIGNABILITY OF THIS AGREEMENT
15. 1. This Agreement may not be assigned in whole or in
part by Company without first obtaining the written consent of
j City Commission which consent shall not be unreasonably withheld,
provided however, Company may change its name and assign this
Contract to a new entity in which ownership is essentially the
same as in Company. Nothing herein contained shall prevent
Company from delegating or subcontracting any of its duties under
this Agreement; provided however, in the event Company desires to
delegate or subcontract all or substantially all of its
management and operations duties then such delegation or
subcontractingmust be
approved by the City Commission, which
approval will not be unreasonably withheld. Any assignment or
sale of an interest in the Company's stock or its material
yassets, other than the stock pledge to Compamy's Financier, shall
comply with the City's background check ordinance, Code Section
95.02.
15.2. The parties acknowledge that this Agreement
t contemplates the management and operation of the Facility by
Harold Solomon. In the event that Harold Solomon shall cease to
be involved in the operation and management of the recycling
activities addressed herein by Company, City shall have the right
s. to terminate this Agreement unless it shall have consented to or
approved substitute or successive management of Company's
Facility, such consent not to be unreasonably withheld. Harold
Solomon's involvement in the management of Company shall not be
deemed to require the full-time employment or participation in
its operation in order to qualify same to be under his
management Nothing herein contained shall be deemed to grant to
City the right to terminate this Agreement in the event of the
death, disability, or other non-voluntary termination of
management of Harold Solomon. In that event, the Company shall :m=
appoint knowledgeable and experienced replacement management
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subject to the right of City to consent thereto, such consent
shall not be unreasonably withheld.
ARTICLE 16
NOTICES
All notices, demands, requests for approvals, or other
communications shall be given by any party to the other in
writing and shall be deemed given and delivered on the date
hand-delivered or received by certified mail return receipt
requested, or received by overnight courier service or by
facsimile to the office indicated below and addressed:
ti TO CITY:
k, The City of Hollywood
Attention: City Manager
2600 Hollywood Boulevard
Hollywood, Florida 33020
Fax No. 305-921-3314
WITH COPIES TO:
yjl
`" City Attorney
;a 2600 Hollywood Boulevard
rc= Hollywood, Florida 33020 ?
Fax No. 305-921-3081
and
Director, Department of Public Works
r 2600 Hollywood Boulevard
a Hollywood, Florida 33020
Fax No. 305-921-3310
TO COMPANY:
Integrated Environmental Technologies
Attention: Harold Solomon
5801 Wiley Street s
Hollywood, Florida 33023
Fax No. 305-961-3105
t WITH COPIES TO:
Douglas G. Smith, P.E.
Senior Partner
Black s Veatch
2701 N. Rocky Point Drive, Suite 960
Tampa, Florida 33607-5924
Fax No. (813) 281-0881
Refusal to accept delivery of any notice delivered to the office
at the address indicated above shall be deemed to be an effective
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delivery. The addresses to which notices are to be sent may be
changed from time to time by written notice delivered to the
other party. Until notice of change of address is received, a
party may rely upon the latest address given.
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ARTICLE 17
i
REPRESENTATIONS AND WARRANTIES OF COMPANY
AND HAROLD SOLOMON
Company and Solomon each represent and warrant to the City as
follows :
17. 1 . Company is duly incorporated and licensed under
i7 Florida law.
17.2. Company is authorized to enter into and execute
this Agreement.
17. 3. Company reasonably believes it will be able to
obtain financing commitment to build Facility and acquire the
Facility site by the dates specified herein.
17.4 . Harold Solomon is duly authorized to enter into
this Agreement on behalf of the Company.
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ARTICLE 18
UNACCEPTABLE WASTE
18. 1. The City shall take reasonable precautions to
prevent Unacceptable Waste, and Household Hazardous Waste, from
being delivered to the Facility by the City or on its behalf. In
the event that any Unacceptable Waste is delivered to the
Facility by the City or on its behalf, and Company identifies
`^ such Unacceptable Waste while it can still be readily separated
from the Processable Waste, City shall be responsible for the
prompt removal and disposal of such Unacceptable Waste, and City
t.r shall be solely liable for any damages or cleanup costs
associated with such Unacceptable Waste and shall indemnify, to
the extent permitted by law, Company against any claims, damages
or costs relating to such Unacceptable Waste. Company shall, at
S its sole cost and expense, be responsible for the segregation,
storage and disposal of all Household Hazardous Waste. Company
shall inform City of its disposal site(s) and any changes
thereto, and provide City with copies of any and all waste
manifests.
18.2. In the event that any Unacceptable Waste is
delivered to the Facility by the City or on its behalf and
Company fails to identify the Unacceptable Waste while it can
still be readily separated from the Processable Waste, Company
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shall be liable for any damages or cleanup costs and shall
indemnify the City against any claims relating to such
Unacceptable Waste.
18.3 . City shall maintain in place an ordinance
prohibiting the disposal of Unacceptable Waste and Household
Hazardous Waste in the waste stream that becomes City Collected
Waste. City shall perform public education regarding the
ordinance and proper disposal techniques and identify proper
locations suitable for disposal of Unacceptable Waste. And City
shall take any other reasonable efforts as appropriate to prevent
the Introduction of Unacceptable Waste and Household Hazardous
Waste in the waste stream that becomes City Collected Waste.
18.4 . Company shall use reasonable care in the handling
� `'° •'' and inspection of all solid waste delivered to the Facility. If
Unacceptable Waste is delivered to the Facility by City, Company
shall use reasonable care in handling such Unacceptable Waste and
properly containing it until such time as the City can remove and
dispose of it. Company shall also assist the City in identifying
the source of any Unacceptable Waste delivered to the Facility.
18.5. The City shall remove and dispose of any
Unacceptable Waste, other than Household Hazardous Waste,
immediately upon notice from Company that such Unacceptable Waste
has been identified at the Facility, at the City's sole cost and
expense. If the City fails promptly to remove the Unacceptable
Waste from the Facility, and if Company believes that it is
reasonably necessary to do so, Company may dispose of the
Unacceptable Waste in accordance with applicable law and charge
the cost of such disposal to the City as an itemized pass through
cost.
18 . 6. Company shall procure, and keep in full force and
= effect during the term of this Agreement or any extension
thereof, product liability insurance with limits of not less than
$1,000,000, which will cover any damages from the distribution of
products later found to contain Hazardous Waste, to the extent
that such insurance is commercially available at reasonable
rates.
18.7. In the event that Household Hazardous Waste is
delivered to Facility despite City's efforts, as described
herein, to prevent such delivery, Company shall be solely
responsible for the separation, storage and disposal of any such
Household Hazardous Waste. Company shall dispose of any such
Household Hazardous Waste in compliance with Federal, State and
Local laws, using licensed haulers and shall provide City with
copies of all hauling manifests.
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ARTICLE 19
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APPROPRIATION
Annual Appropriation. The City is committed to continue
this Agreement for its entire Term and to pay all payments
required hereunder. City will create and maintain for the life
of this Agreement, a "Sanitation Enterprise Fund" for the purpose
of funding the collection and disposal of City Collected Waste
and City Collected Yard Waste. The City shall fund this
"Enterprise Fund" with user fees charged to the properties
receiving City collection services, and will establish such fees
In amounts sufficient to pay all amounts which are charged
against the Fund. The City believes that legally available funds
in an amount sufficient to make all payments due under this
agreement will be available when due.
ARTICLE 20
CHANGES IN LAW
20. 1. Changes Outside Control of the City. Changes in
law, including statutes, regulations, or judicial decisions,
outside the control of the City which significantly affect the
profitability of the Facility shall excuse performance of the
Agreement by the Company. In the event of such a change in law,
the Parties agree that they will attempt in good faith to modify
the Agreement, and the Facility as necessary, to achieve the
original intent of the Agreement. If no such modification can be
x agreed to within 90 days of the effective date of the changed
P ' law, this Agreement shall terminate as provided in section 3.1.
20.2. Changes Within Control of the City. Changes in
law within the control of the City which reduce operating income
by more than 10%, shall be considered a changed condition for
which Company shall be entitled to an equitable adjustment for
! ' any resulting damage. A change shall not be deemed within the
control of the City if it is mandated by a superior governmental
entity.
ARTICLE 21
MISCELLANEOUS
21. 1. Benefit of Agreement. This Agreement shall be
binding upon the parties hereto and their heirs, successors,
assignees, and personal or legal representatives to the extent
approved by City as and if required hereunder.
21.2. Modification. The parties shall not be bound by
any modification or amendment to this Agreement unless in writing
and signed by the parties hereto.
21.3 . Further Cooperation. From and after the date of
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this Agreement, each of the parties hereto agrees to execute
whatever additional documentation or instruments as are necessary
to carry out the intent and purposes of this Agreement. The City
shall cooperate to provide the Company with data and information
s needed by Company to effectuate the terms and conditions of .this
agreement.
21.4 . Waiver. No indulgences extended by any party
hereto or any other party shall be construed as a waiver of any
breach on the part of such other party, nor shall any waiver of
one breach be construed as a waiver of any rights or remedies
with respect to any subsequent breach.
21.5. Construction. It is the intention of the parties
itl , . that the laws of the State of Florida shall govern the validity n
of this Agreement, the construction of its terms, and the s
interpretation of the rights and duties of the parties . The
parties agree and acknowledge that each party has reviewed and
revised this Agreement and that the normal rule of construction
to the effect that any ambiguities are to be resolved against the
drafting parties shall not be employed in the interpretation of
this Agreement or any amendment or exhibits thereto.
21.6. Truth of Preambles and Recitals. The preambles and
recitals and statements contained in this Agreement are true and
" correct and are hereby incorporated into this Agreement and made
' a part hereof.
21.7 . Entire Agreement. This Agreement sets forth the e
entire agreement and understanding of the parties on the subject
matter hereof and supersedes all prior agreements and
understandings relating thereto.
21 .8. Severability. The invalidity or unenforceability
of any particular provision of this Agreement shall not affect
the other provisions hereof, and this Agreement shall be
construed in all respects as if such invalid or unenforceable
provision was omitted.
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t„ 21. 9• Gender. Wherever the context shall so require, all a
words herein in any gender shall be deemed to include the
masculine, feminine, or neuter gender; all singular words shall
include the plural and all plural shall include the singular.
21. 10. Headings. The headings used in this Agreement are
used for reference purposes only and are not to be deemed
controlling with respect to the contents thereof.
21 . 11. Counterparts. This Agreement may be executed in
any number of counterparts, and each such counterpart shall for
purposes be deemed to be an original.
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21 . 12 . Incorporation by Reference. The Exhibits referred
to in this Agreement, if any, are hereby incorporated into this
Agreement by reference.
d. 21 . 13. The Company agrees to comply with the requirements
of Ordinance 90-19 enacted by the City (the "Background Check"
Ordinance) .
21. 14. Third Party Contracts. Company agrees to hold
harmless and indemnify City against any claims or costs incurred
by City relating to any third party contracts that Company enters
into with respect to the redelivery and or resale or marketing of
recycled products.
( 21. 15. Third Party Rights. Nothing in this Agreement
shall be construed to give any rights or benefits to anyone other
than City and Company and Company's Financier.
21 . 16 . Company agrees to give City representatives access
to the Facility upon 24 hours notice to ensure quality control
and verification of the provisions of this Agreement. Scales may
be checked at any time.
21. 17 . City shall have the right, following the provision
of reasonable notice, to inspect Company's books and records in
F 'r order to confirm that the terms and conditions of this Agreement
are being met. Company shall retain all records for a period of
at least three years.
21. 18 . Company shall have an annual audit prepared, at
its expense, which includes all financial records relating to the
disposition of materials recycled from the City's Waste.
21. 19. In the event Facility is shut down for a period in
excess of 48 hours, City shall be allowed to dispose of its City
Collected Waste in any legally permitted manner and shall not be
responsible to Company for any fees on Waste so disposed. Upon
written notification by Company that the Facility is again
operational, City's obligation to deliver waste to Facility shall
F be reinstated.
IN WITNESS WHEREOF, the parties hereunto have set their
hands and seals, the day and year first above written.
Signed, sealed and delivered in the presence of:
CITY OF HOLLYWOOD, FLORIDA, a
municipal corporation of the
State of Florida
ATTEST:
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BY:
MARA GIULIANTI, MAYOR
PATRICIA A. CERNY, CITY CLERK
APPROVED:
CARLOS GARCIA, DIRECTOR OF
FINANCE AND ADMINISTRATION
APPROVED AS TO FORM S LEGALITY
FOR THE USE AND RELIANCE OF THE
CITY OF HOLLYWOOD ONLY.
JAMIE ALAN COLE
CITY ATTORNEY
Av � � INTEGRATED ENVIRONMENTAL
TECHNOLOGIES, INC.
ATTEST: BY:
t c' DOUGLAS G. SMITH, DIRECTOR
BY:
SECRETARY, INTEGRATED HAROLD A. SOLOMON, DIRECTOR
ENVIRONMENTAL TECHNOLOGIES
(SEAL)
' C:\WPWIN\RECYCLE\REV9.AGR
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Exhibit C
Tipping Fee and Rebate Schedule
Year of Corresponding Projected Tipping Recyclable Rebate Yard Waste
Operation Fiscal Year Fee (1) Revenue Percentag Tipping Fee
Base a (max)
1 1997 $80.49 1.200.000 5 $17.51
S 2 1998 82.91 1.200.000 5 $18.01
tl 3 1999 85.39 1.200.000 5 $18.58
-..
4 2000 87.95 1.200.000 5 $19.13
5 2001 90.59 1.200.000 5 $19.71
6 2002 93.31 1.200.000 5 $20.30
7 2003 96.11 1.200.000 5 $20.91
8 2004 98.99 1.200,000 5 $21.54
9 2005 101.96 1.200.000 5 $22.18
10 2006 105.02 1.200.000 5 $22.85
11 2007 108.17 1.236.000 5 $23.53
12 2008 111.42 1.273.080 5 $24.24
13 2009 114.76 1.311.272 5 $24.97
14 2010 118.20 1.350.610 5 $25.71
15 2011 121.75 1.391.129 5 $26.49
16 2012 125.40 1.432.863 5 $27.28
17 2013 129.16 1.475.850 5 $28.10
18 2014 133.04 1.520.125 5 $28.94
19 2015 137.03 1.565.730 5 $29.81
20 2016 141.14 1,612.700 5 $30.70
m Actual Tipping Fee in year one (1)shall be equal to county lipping fee for corresponding Fiscal year.
Tipping Fee Schedule shall be automatically adjusted by the ratio of Actual Yr I Tipping Fee to
Projected Yr I Tipping Fee.
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Exhibit D Draft
RECYCLING PERFORMANCE VERIFICATION
s
Performance Verification
The Facility shall meet the performance standards specified in
Article 4. Verification of performance will be determined on an
annual basis. Verification of performance will be determined by:
a Calculation of Performance Criteria
a 1. Total Percent Recycled - (Total weight of material recycled by
IET / Total weight of acceptable waste received at the
.' facility) t 100
2. Percent Recycled for specific commodity - (Total weight of
specific commodity recycled by IET / Total weight of specific
commodity received at the facility) + 100
Definition of Terms
The Total weight of material recycled by SET will be the sum of the
weights for all materials recycled for the annual monitoring
period. Weight of material will be determined by the scale records
at the facility. All material destined for reuse rather than
disposal shall be considered recycled.
The Total weight of acceptable waste received at the facility will
be the sum of the weights for all wastes received and accepted for
processing during the annual monitoring period. Weight of material
will be determined by the scale records at the facility.
c '
The Total weight of a specific commodity recycled by IET will be
the sum of the weights for the recycled material shipments for the
1 annual monitoring period. Weight of material will be determined by
_ the scale records at the facility.
jThe Total weight of specific commodity received at the facility
will be a calculated value from the product of that commodity's
percent of the waste stream composition times the Total weight of
acceptable waste received at the facility.
The waste stream composition will be a table presenting an analysis
of the waste stream and assigning a percentage of the waste stream t*'
to each of the various categories as shown in Waste Stream
Composition Categories below. The categories may be changed from
time to time by mutual agreement.
Waste Stream Composition Testing
The waste stream composition will be determined by annual testing
Rav 5-11-95 23 "�
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conducted by Company with full cooperation of City. The testing
will be conducted in a manner that will produce a representative
composition for the acceptable waste being received. Each test
will be conducted for a one week period. During that period eight
® samples will be collected and analyzed each operating day. Each
sample will be collected from a separate delivery vehicle and weigh
approximately 200 pounds. The selection of delivery vehicles for
sampling will be determined prior to the testing period to ensure
different geographic areas within the City are included in testing
program. The samples will be taken from thoroughly mixed waste
unloaded by the delivery vehicle. The contents of each sample will
be separated into containers representing the categories shown in
the Waste Stream Composition Categories below. The waste
composition for the test shall be determined by summing the weight
of all material by category and dividing by the total weight of
• '''., material received during the test period. The company may, at its
own expense, conduct additional testing each year to obtain fully
representative waste stream composition. Annual waste stream
composition shall be determined by averaging each of the waste
stream compositions performed that year.
Waste Stream Composition Categories
FERROUS METALS
e Bi-metal containers
Other ferrous metals
PAPER
Newspapers
Corrugated cardboard
Other paper
PLASTICS
PET
HDPE
Other plastics
NON-FERROUS METALS
Aluminum containers
Other non-ferrous
Rw 5-11-95 24
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Waste Stream Composition Categories (continued)
GLASS
Clear glass
Amber glass
Green glass
Other glass
INORGANIC
Misc. inorganic
Construction debris
j ORGANIC
Food
` Rubber, Leather, Textiles '`...;._.
Grass clippings = ,
Yard waste (except grass)
Wood
HOUSEHOLD HAZARDOUS
Paint
Batteries
Other hazardous
OTHER
Fines
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AG T. Dca: i Tt�n:LST41
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BUCK & VEATCH
MEMORANDUM
Hollywood. Florida B&V Project 24463.201
e Hollywood Recycling Project B&V File A
Status Update May 2. 1995
To: George Keller
From: David Adair
This memorandum is part of our continuing effort to keep the City of Hollywood updated
Z on the progress of Black & Veatch and the Integrated Environmental Technologies team to
complete the development of the Hollywood Recycling Center. We anticipate that you may
wish to provide the Commission this information at the next meeting.
Contract
We have ccr.tinued to work with Jeff Sheffel to refire the basic contract language which has
been in place for some time. Numerous teleconferences have been held and included legal
counsel for our financier. AT&T. We understand from a telephone conversation earlier today.
that Jeff will have the "final review draft” completed today. This will be distributed to all
parties for review. We are proposing a final clarification meeting next week. which will allow f`
Jeff to complete tte final draft for Commission approval and eventual execution by all
parties. We are pleased with the progress and appreciate the City's efforts to complete this
important step.
fr Permits
On April 1. 1995 the Florida Department of Environmental Protection, notified JET that our i
application for a permit to operate and construct the Hollywood Recycling Center was
accepted as complete and would be processed for review. The Department's final review time
frame is 30 days. lash week we received a fax of the draft "notice of intent to issue a
permit" frcm the Department. The draft indicated the Department's intent to issue JET a
Perrin with condilicrs. We have reviewed the conditions and they are all within the concepts `
t that we have discussed with the Department during their review. We expect to receive a Final
copy of the Department's letter this week. This represents a major technical milestone for J
yes
the project.
Technical Resew
As you are aware. before agreeing to final financing terms. AT&T commissioned an
independent technical review by a nationally recognized environmental consulting firm. This
review has been completed and no fatal flaws found. The reviewers have issued numerous
comments and recommendations which have been incorporated into our facility design. ±'
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Dcx 4LT1 TTx»:
BLACK h VEATCH
MEMORANDUM
Hollywood Recycling Center May 2. 1995
Financing
AT&T has continued to work diligently with JET to complete the reviews and documentation
necessary to obtain approval of financing to meet the City's deadlines. Currently they are
awaiting a final review copy of the contract between the City and IET. as that document has
a significant impact on the financabilily of the project. In a continued show of their intent
i and support of the project. AT&T has recently issued a revised proposal intended to improve
the financial structure of the project. Pending receipt of final contract for review. along
with additional documentation being provided by Black & Veatch. we anticipate AT&T
approval of financing `erms prior to the Commission's second meeting in May.
*` S.ummdcy
We feel the continued progress on the project has been significant. We are indeed seeing all
the pieces fallinlc place. As we discussed during our telephone conversation yesterday. we
f propose a meeting next week to review with the City the documenlaticr that has been put in
Place to support Commission approval of the project. It is our understanding that you wish
to consider this matter at the second meeting in May. Be will be prepared to present the
= project for approval at that time. and feel that a meeting next week will support that intent.
We will contact you after the Commission meeting this week to schedule our meeting.
cc: San Finz
Jeff Sheffel
Harold Solomon
is
i
L
zj J
V
c0�1NA
801 N.E.Third Street
Dania, Florida 33004
(305)926-0300•Fax(305)922-5485
May 12. 1995
Dania City Commission
100 W. Dania Beach Blvd.
t Dania. FL 33004
Dear Sirs and Madam:
jY Harbour Towne Associates, leasee of a certain section of
Harbour Towne Marina respectfully petitions the Commissioners i
for approval to raise the launch ramp rates for City of Dania
residents. Approval by the Board Commissioners is required
as per our lease with the City. The rate is now $2. 00 per +'
launch. This has been the rate since the early 1980's when y;
the ramps were built.
Harbour Towne Associates has made capital improvements.
specifically the dredging of the launch canal totaling over F,
$40. 000 to keep the ramps operational . Harbour Towne
provides security in the parking area and has also restriped
and resealed the parking lot .
We request the fee be raised to $10. 00 per launch for
residents and non-residents alike.
We understand from the City Manager that the State r'
requires equal changes for all State residents. Harbour
I Towne intends to raise the rate for non-Dania residents to
$10.00 on June 1 . We request the City to approve the $10.00
rate for City residents also. Thank you for your
consideration in this matter.
Sincerely.
G oenewold
General Manager
GG/grh
t
Sun
A WESTREC MARINA
s
CITY OF DANIA
INTEROFFICE MEMORANDUM
Date January 13, 1995
To: Robert F. Flatley, City Manager
From: Michael W. Smith, Personnel Director
SUBJECT: HARBOURTOWNE BOAT RAMPS
Recently I was contacted by John Fiore, the Broward County liaison with the Florida Boating
r
Improvement Program (FBIP) concerning complaints that have been filed with Tallahassee
concerning the user fee being charged by Westrec for use of the boat launch ramps at Harbourtowne
Marina located near the IT Parker Community Center. It is permissible to charge a user fee, however
i' under FBIP rules the fee must be consistent regardless of residency. A lower Dania resident fee
cannot be charged. The current leasehold agreement with Westrec stipulates that the resident fee can
only be increased with the approval of the City Commission. Gary Groenwald at Westrec will be
providing resident and non-resident utilization data to the City . Residents currently pay$3 and non-
residents pay$10.
F'
This issue needs to be resolved promptly or else the FBIP will require the City to reimburse all grant
funds paid for the facility (John Fiore estimates this to be around one million dollars since the mid E
.' nineteen seventies) or construct a similar facility at another location at our own expense.
This item is scheduled for discussion at the January, 17, 1995 commission workshop meeting.
_J
x
Y _
this Lcae contair.ecl, or if it shill t•:aivr an rig„y ht i�crcin provided for, or
Shall relinquish any benefit herein reserved, such license, permit, t•,aiver or
relinquishment shall he strictly limited in effect, without establishing a prece-
dent, and without precluding Lessor from thereafter requiring a strict er-
formance by Lessee. o�
,
2.17. That original receipts, or duplicate receipts executed as originals,
showing payment of all insurance premiums, taxes, assessments and imposi-
tions payable by Lessee shall, upon demand, be delivered to Lessor for
inspection and verification within thirty (30) days after demand therefore has
been made by Lessor.
2.18. That in the employment of persons to work in the business to be
F` operated on said premises, he will give to local residents of the City of Dania
first refusal of the right and privilege to be so employed thereon, but Lessee
shall not be required to hire any particular person or persons regardless of
residence.
2.19. That it will keep the Leased Premises clean and orderly. More
particularly, Lessee shall remove all trash, litter, and refuse from the Leased
Premises.
2.20. That rates charged to residents of Dania for boat launching for 1
trailered boats or for the picnic and tennis areas shall be approved by the
City Manager. "Residents of Dania" shall mean any citizen that is either
registered to vote in Dania or that owns real property in Dania.
III. COVENANTS OF LESSOR
Lessor covenants and agrees:
3.1. Lessee shall have the right to the use, possession and occupancy of
the Leased Premises for the period aforesaid, subject only to the rights of
Lessor as herein reserved, and also to the terms and conditions set forth in
this Lease Agreement.
3.2. As to the Leased Premises hereinabove described, Lessor does
hereby fully warrant the title and will defend the same against the lawful
claims of all persons whomsoever.
-7-
�t
ru, t _ 11 2 _
MADSEN, SAPP, MENA, RODRIGUEZ & CO., P.A.
p� Certifiai Public Accounrmts & Consultants
7080 Northwest Fourth Street, Plantation, Flonda 33317-2200
Tdcphone: (305) 583-7711 -Facsimile: (305) 581-1788
Tlromes N. Evans,Jr., C.P.A.
Nay 12, 1995
Mr. Bob riatley
i city manager
City of Dania
300 Heat Dania Beach Boulevard
Dania, Florida 33004
Dear Mr. Platlay: _
Let we again express my appreciation to the City of Dania, each of the
Commiseioncro and to bath you and Maria .7abalee for the opportunity to serve the
City for the 1993-1994 fiscal year through our financial and compliance audits
i of the City's financial statements and related activities.
We found Marie and all personnel involved in finance to be very available and
helpful throughout the entire project. Their willing assistance was important
to our ability to complete our work and issue our reports by the required
deadline_
i
,k Of course, in any audit circumstance where a new audit firm and now client are
3� working together for the first time, both parties incur a significant amount of
time and costs building an initial relationship, understanding and foundation
which can benefit eubaequent years of working together. This has certainly been
truo with the City of Dania and our firm.
iIn order for the City of Dania and our firm to gain maximum benefit from the
investment we have both made during our first year together, we would request
that you grant us a contract extension for an additional 3 years and allow us to
audit fiscal years 1994-1995, 1995-1996, and 1996-1997. we would propose fees
for the 3-year extension as follower
i
.
1994-1995................... $35,000l ay .
... ...
•-�- 1995-1996_.......... .$37,D00 U
1996-2997.............. ........ . ...$39,000
We are available to discuea or further explain our request, but certainly wish
to express our desire to continue serving the City of Dania in the future. ,
Sincerely, ° -- "�
Thomas H. Evans, Jr., CPA
THElab
�N l;7 1 -")A
ANramt
INTERN
! NnFA s4M4ATXWAL IS A Woalmn0a 1.Trwam:0P A96Pt?DANi'AQ0TW s1G F5UW
MnmmR•Att(xIA'ITJt P W.IaNAr.AlSYYM'nM]nP,Ae
MAY-12-1995 11:46 305 581 1788 P.02
5
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vG,
.y, All \ I L 4 y
(.;rri�izi Th;l�{u: �iCi.iuul6mLs n: ltlnsullat115
7080 Northcutt;!. Fourth Strcvt. Plantation, .Florda 33S17-L2(M)
- Telephone: (305) 5ti:3 7711 - Facsimile: (30"") 581-1788
b
'ntuslus H. Evans,Jr., C.P.A.
May 12, 1995
Mr. Bob Platicy
City manager
City of Dania
100 Nest Dania Beach Boulevard
Dania, Florida 33004
Dear Mr. Flatloy:
Let me again expreco my appreciation to the City of Dania, each of the
Commissioners and to both you and Maria Jabalee for the opportunity to serve the
City for tho 1993-1994 fiscal year through our financial and complianeo audits
of the City'a financial atatemunts and related activities.
We found Marie and all personnnl involved in finance to be very available and
helpful throughout the entire project. Their willing assistance was important
to our ability to completo our work and Lanus our reports by the required
deadline.
Of course, in any audit circumstance where a new audit firm and now client are
working together for the first time, both parties incur a significant amount of
timo and costs building an initial relationship, understanding and foundation
which can benefit subsequent years of working together. This has certainly been
truo with the City of Dania and our firm.
In order for the City of Dania and our firm to
investment we have both made duringour firstar gain maximum benefit from the
ther, we would request
that you grant us a contract extensin for an additi naie3 years and allow us to
audit fiscal yearn 1994-1995, 1995-1996, and 1996-2997. we would propose fees
.' for the 3-year sxtonsion as followa,
1994-1995... .. ....... ... .......... .$35,000
1995-1996.... ........ .. . .... .. . . $37,000
1996-1597......... ... .. . ........ ...S39,000
k:
We are available to discuso or further explain our request, but certainly wish
' aP to express our desire to continue serving the City of Dania in the future.
Sincerely,
Thomas H. Evans, Jr., cBA
THE/ob
ANtmtwa
I NIERN ATIONAL
NRRIA UM NATIONAL.M A WOR,tnnnR NETVM OF LN0UD1bQVr AOWUMWC PM)&
NnmRR-A OOATP.n PRMOW.,,„rniNT„w:mown
MA -12-1995 11:46 305 581 176E
P.it^e
El
CITY OF DANIA
INTEROFFICE MEMORANDUM
GROWTH MANAGEMENT
To: Robert Flatley
City Manager
From: Will Allen
Growth Management X
,'
RE: Conference Room and Growth Management Office Furnishings
Date: May 10, 1995
At the May 9, 1995 City Commission meeting, the Commission voted to continue the
resolution "piggy-backing" on the Broward County School Board and Palm Beach
County bids for office furnishings. Two points of information are offered which are
germane to whether the purchase of these furnishings should be delayed.
t'
t,
The first is that the Broward County School Board bid for the Growth Management
Department will not be eligible as an acceptable bid for "piggy-backing" after June 21,
1995. According to our City charter, an existing contract may be used for i
P�99Y-
sij '„, backing up to 12 months after it is awarded. Also, the cost of the proposed conference
room furniture being purchased under the Palm Beach County Bid, will increase by 4%
as of June 1, 1995. If these bids expire, essentially the price of the furniture will
} increase.
qV
The second point of information is that according to Finance Director Marie Jabalee, the
funding for the furniture will be the Police Captial Fund (Impact Fees) as previously
1 authorized by the City Commission. The funds in the Growth Management Department
will stay within the general fund.
WA;lc i
1
i
v
F '
CITY OF DANIA
INTEROFFICE MEMORANDUM
GROWTH MANAGEMENT
To: Robert Flatley
City Manager
From: Will Allen I
Growth Management L.V JA
RE: Conference Room and Growth Management Office Furnishings
Date: May 10, 1995
At the May 9, 1995 City Commission meeting, the Commission voted to continue the
resolution "piggy-backing" on the Broward County School Board and Palm Beach
County bids for office furnishings. Two points of information are offered which are
germane to whether the purchase of these furnishings should be delayed.
nx Pw
r{ ,• The first is that the Broward County School Board bid for the Growth Management
1
Department will not be eligible as an acceptable bid for "Piggy-backing" after June 21,
1995. According to our City charter, an existing contract may be used for piggy_
" backing up to 12 months after it is awarded. Also, the cost of the proposed conference
} room furniture being purchased under the Palm Beach County Bid, will increase by 4%
as of June 1, 1995. If these bids expire, essentially the price of the furniture will
increase.
The second point of information is that according to Finance Director Marie Jabalee, the
funding for the furniture will be the Police Captial Fund (Impact Fees) as previously
authorized by the City Commission. The funds in the Growth Management Department will stay within the general fund.
jam(/
WA;Ic
�� �� %! far
f
.o
. 1
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DANIA, FLORIDA
AUTHORIZING THE CITY MANAGER TO CONTRACT FOR
THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT
AND MATERIALS IN THE AMOUNT NOT TO EXCEED
$58,554.30, BASED UPON THE COMPETITIVE BIDS
RECEIVED BY BROWARD COUNTY SCHOOL BOARD
AND PALM BEACH COUNTY; PROVIDING THAT ALL
RESOLUTIONS PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH
% fi CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
L n. Y
k , WHEREAS, the Charter of the City of Dania, Part III, Article 3, Section 4,
Subsection (J) and Part XII, Article 5, Section 3 authorizes the City Manager to
purchase supplies, services, equipment and materials for the city government in an
amount in excess of$15,000.00 without competitive bidding and without advertisement
for bids if such purchases are made pursuant to a competitive bid obtained within the
last twelve (12) months by other governmental entities such as the federal government,
i the State of Florida or a Florida county or municipality, if he is authorized to do so in
i advance by a resolution adopted by the city commission; and
WHEREAS, the city manager has determined that it is necessary to purchase
office furniture and systems for the Growth Management Department and the p,
Conference Room; and
WHEREAS, the City Manager has determined that such purchase can be made at
the least cost to the city by using the bids of Office Pavillion, One Oakwood Blvd., Suite
100, Hollywood, FL 33020 given Broward County School Board, bid No. 95-004H,
dated 6/21/94 through 6/6/97, and Palm Beach County, bid No. 93-316A, dated
11/01/94 through 10/31/95, without further competitive bidding and without
advertisement for bids. A copy of said bids are attached hereto and made a part
hereof as Exhibits "A" and "B".
1
Resolution No.
i =
e
i
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1 That the City Manager, is hereby authorized to purchase office
furniture and systems for the Growth Management Department and the Conference
Room from Office Pavillion, One Oakwood Blvd., Suite 100, Hollywood, FL 33020, in an
amount not to exceed $58,554.30 without further competitive bidding and without
U advertisement for bids under the Broward County School Board bid No. 95-004H dated
6/21/94 through 6/6/97 and the Palm Beach County bid No. 93-316A dated 11/01/94
through 10/31/95.
i - Section 2 Funding available in Police Capital Fund per Resolution No. 89-92,
approved June 23, 1992, and 1994 - 95 General Fund Budget.
r` Section 3 That this resolution shall be in force and take effect immediately
upon its passage and adoption.
�y
PASSED and ADOPTED this day of 1995.
MAYOR - COMMISSIONER
i ;
ATTEST:
CITY CLERK-AUDITOR
APPROVED FOR FORM AND CORRECTNESS
BY:
FRANK C. ADLER, City Attorney
2
Resolution No.
s
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r:
Ib •_.'. LED 1 ':"_ IC .PLJ luI: IIIG H:[j, ll7 W:.r,l ' H, Poo
orfre+
The Nr(ion's ew fu!La ✓ems.9 Qf1RIO' Acu oo edted Seh /SYirum
THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA
Arev 5 Hercy,Jr..CM,Dke Wpwd" /I chi,ROMn D.Prrb
»20Sa CiMCalfwwtlM= ,� chwW+m Mionn M.oghW
tPat�Le6dadeb,fkrlaa 51912.7595 EarenS.sd"PY4
9UNCOM-0110 1 Twit.SeYi, '
1A16120 '^ I m �V&AWW
. r :rue iao5)76i8N] 1V/1 .
Old Hu*m 1305)ms-tnve
t) a.fr.r a rey,..,
4 SyasrbMWrf dSYlod� - -..
June 21, 1994
TO: ALL SCHOOLS/DEPARTMENTS/CENTERS
FROM: Lojunnna Howard,Buyer
Purchasing Depanment
SUBJECT: Office Fumitui Bid 95-Fires 6/20/97
Office furniture,NOT STOCKED in the School Board's Warehouse or available on other
q' School Board bids,will be ordered from this bld
HOW TO USE THIS BID:Attached is a list of all of the Successful Bidder's names,
addresses and telephone numbers. Also attached Is a list of the manufacturers awarded to
each bidder,as well as discounts,installation percentage(if any)and minimum order(if
any). You may contact any of the Successful Bidders listed to have them give you a
written quote stating"LIST PRICES LESS THE DISCOUNT"for any of the
' manufacturers they have been awarded.
i
I HOW TO ORDER: Requisitions will be typed showing the MANUFACTURER'S fast
item number NOT THE VENDORS. The unit of issue will be one lot. All orders for
furniture on this bid will be"STANDING ORDERS,NOT TO EXCEED AS PER
k. ATTACHED LIST". Any requisitions which do not specify the manufacturers fast item
number or fail to have an attached list will be returned to the schools/departments for
identifications.The attached list must state the LIST PRICES,LESS the discount your
s. have taken,PLUS the installation(if any). The NET total of the attached list will be the
total of your requisition line. ONLY manufacturers listed will be ordered on this bid.
If you have any questions,please call Lojuanna Howattl,765-6137 or Ruth Costina 765.
6774.
Attachments i
i
EPrN/00PatwrAf FrrpbYM,WMyAMirr.wiw Action C�:dM'rMr i'
MPR-29-1995 11.44 PU2CHRSM HELP DESK I P. '
04 II
_... _ .
21
,1
PL'.' —'c IIl37 I.'_ `A IL PL;;, L1' f _3 : it L t;0'
P
BID 95-004H
THE SUCCESSFUL VENDORS ARE LISTED IN ALPHABETICAL ORDER
BUY-RITE OFFICE FURNITURE OFFICE CONNECTION
3301 NW 22ND TERRACE,BLDG FN100 5301 NW 9IH AVENUE _.
POMPANO BEACH,FL 33069 FT.LAUDERDALE,FL 33310
r 972-6900 491-4500
CONTACT PERSON: JEFF ROSENTHAL CONTACT PERSON: GEORGES AMIEL
COMMERCIAL OFFICE FURN. INC. OFFICE DIMENSIONS, INC.
4 3001 WEST MCNAB ROAD 8300 NW 53RD STREET,SUITE 108
s POMPANO BEACH,FL 33069 MIAMI.FL 33166
}F' 972-3375 477-9141
CONTACT PERSON: ROSE SC31MRR C SON: MARK STERN
CORPORATE ENVIRONMENT SYS. OFFICE PAVILION
P.O. sox 2428 ONE OAKWOOD BOULEVARD,SUITE 100
WEST PALM BEACH,FL 33402-2428 HOLLYWOOD,FL 33020
407-948-9744 921-8333
CONTACT PERSON: PHILLIP HLMORE CONTACT PERSON: MARILYN WILSON
DECORA OFFICE FURNITURE OFFICE SYSTEMS OF FLORIDA
1100 W.COMMERCIAL BOULEVARD 5150 NW 167TH STREET
FT.LAUDERDALE,FL 33309-3746 MIAMI LAKES,FL 33014
491-4944 620-0654
CONTACT PERSON: ROBERT SCARR CONTACT PERSON: LES GALLOWAY '
FUTURE ENTERPRISES THOMAS W. RUFF & COMPANY
2641 WEST 81 STREET 3201 COMMERCE PARKWAY
HIALEAH,FL 33016 MIRAMAR,FL 33309
556 9882 438.5391
CONTACT PERSON: RICHARD FLEMING CONTACT PERSON: FRANK VUYOVTTCH
= M. HANSON & COMPANY, INC. I C. WHITE OFFICE FURNITURE
5441 N.E.21STTERRACE 200 S.W. 12TH AVENUE
Fr.LAUDERDALE.PL 33308 POMPANO BEACH,FL 33069
776.9477 795-3212
CONTACT PERSON: MARK HANSON CONTACT PERSON: NATALIE STOTLER
Page 3 of 10 Pates
Bid No.95.004H
nqR-29-1995 11:45 1 PURCHASING HELP DESK P.06
a
C<3'
1
L!i71 1 1115 H:Ll' C..',I. 1E1 H(7: '0' -7LP 1'311 1:.,07 1114
The School Doard of BfDward County,Florida
PURCHASING DEPARTMENT INVITATION TO BID
132D Southwest Fourth Strcwl- Building 7
Fort Luudordalo,Florida 3 3 31 2-753 5 Bidder Acknowledgernent
PAGE Telephone Numb,—DoiRxgYrLp aid Nundma: 95-00411 Data AUNrd: 3/24/94
Doi 76"I
nth.41 he mPnwd In Me Pumhaeln Depemma t n BID TITLE:
2OO r'Mv APRIL 21, 1994 (425-0 ,06.07,14FURNITURE T18, CONTRACT
(425-03.06,07,14,IT,1B,21,56)
cad MY act be wlManwmm wfd,rw stx1Y tool Wyt ear
rah dsa Sad Erma
Venda teams Tame: Odds see P 3•Gen ral Condition,
Vender Alleging Add.w,r In ender for 111,1e b be vo.,Wv ed for III li ddor M 7T mh n
wan Old nebmamd the•'� eaNdad hMtwlkm to Did bra pew sqq City-Onu.ZIP Coda! read Old Swnu y Dirt popes,NI Star required P.M dud .
other required Submittals we desNled herehA
VENDOR TAXPAYER IDENTiRCATION NUNDt/1 TNephpno Nun". TEN-Fnn Number. FactlmpeNumber-
Is Cafe: LS00- Ara Code. -..�
I corh'h set Iona beat to made Somme A'br urowwNuft Sane ere or .
it c0nxedlbn,HIM arty wrpdrSeut Ann apwaon sub i"a bM M me .
eeme melMNh a.Yx�bs apmrjRrnenf evd6 MelMpMn r.frand wdndur
WAWM or/nW.)modify ad0epfance of of C nMom.Spac2taftn& SSrNh✓e Ot AOMGadd no"WD W(Wnuag
and o11W Al omeaon oNOCAedhpreta 1 consly nut/am esmoeed to olpn .
M bd Aar ate bfikler.
I�pree Ref ids bid carer be Wit,""fnMn Sixty(a)days Ann dons Nome OAulhadmdRepr"wt m(TypedarPredeo 7Me
GENERAL CONDITIONS
Bidder To Insure acceptance of the bid follow theas Instructions—
1.BEAtED BID REOUIRENENfa:The"INITIATION TO BSr Meal must staled h Bipedal Conditions.Dbcone fit prompt Po"§M Award,I mode
happen Yard,Sgned,aro rebrrrhed SRri Da M0.The`$WORN STATEMFIaT will be h Secondaries,won tarns and candle"aemd hfereh Each sem .
UNDEn SECTR)N2o7.13N3)IA.FLONDASTATUTeS,CNPML)CEMItY must be bm separately end W Mwmp 4 m be made b be Nry hem S, f
CRO.It3" mum a M Q alprcd, NOTMQED, and re111Rled a6 tefM N w/W any Odhar Sam a rlrlhe.CSah a p�Hv�nb eDrad
clunbed hoth The BiO anmary&Net piped olwNMhS RNder atL+olry wen not a S eOMlderdlon M demmSnelmn Swa
aAmheabidadmlypoOauponwtkhWdomstlanbregdradlo tnNWsed r cnS Dr wme at'Se,-i7irnyDtagd
1 mu*be e0m~aid subnddsd hen at bd Old*rWcNred flat ND 10 Sal a minimum d 30 aye will a m¢ked ke IAi'mert,and r a payment
egapy with Non whmnlMi wgwlamcnte rhAMl eat a oameNasd for tllecotan k olland.the clnMut Ire hear a computed bom to dab Do
l award, sWetarANy,WINey at pleco d acceptance and mnalpi a parrot Fndn
a) SIDDEIre RESPONSIBILITY:tr b the mapr�tM?y at the bidder b be at go once Speer"
o"In list all numbered papas d Vie Did aid M Wclmor s Ifem9 a) TAMES The School Bomd d Snpawd Cony.Folds door not pat _
s ,recoiret and al Addled"rule"rs recMwd pdo to wbm?Wno Forktral Btclsa and Slam tree M dreet puchree d bnptrs paaael
e bd.At bids ore suij lo the condlbrn Wocaed hie.%W Ina Winched property.The apple"tan areepecn number is Shown w She pudese
2'f Bid doco ma is,ad uo any Addendum bead name, ads.The exemption Sena red atib to puuta of twoble riWUNhal
b)OM) SUBMITTED Completed kid mhrs be oubmsad soled N an P�meda by oarss�M etla use the bmolble patoo W
Mvoto
I to a n must be SM amped bw nuchdnP e Department Pdor n reNrmence d cdnastK br to bpnvwrwd of schoap00payd
0a
u t00 p.mis.W dnb doe No bid wa be o0nldeW a M tms camped owed real prop"N Weed h Chapter IP2 of M Rodo StaaM.
1n the Purcesho DopaMhore prior tc 2O0 pre cm date due.Bids.do b)MISTAKES:Bithre on axpaclNlb examNoew, "not dons,deeery
be opanad tl 2m pre on dab tare."pM.laad by l000meoNe a scadUeo.bid pleas and WsadoR and 01 hArueSola polar ing b
fecebroW konantleeM1 ovyldro my Un a der aExdrmrcmb supplies and wsNws.Fvlpm tl W oo wfT a N bidOaY Slat
F�. nsoUeted d.V,will not be aarogad.
'. EX
ECUTION OF BID:Bid muw rwrteln an 0)CONDMON AND PACKAODIO:N is understood and Domed twt Sty
ordered nve"I tJgnsore beml armed or eldppad ate a nand d the bid&W be reel ltllrfa
of an eutotod rspdMtion,Ino e space gwdui Shows.Pa b Production model tl bin ammo of thiselal lu taimlmars Shot a globoset. popsy n bid I in.cdw sat q and i NM rot be candse0 M ean2o a eMpmhSN.ad all Prices chat Ncade YnMW camrnardSl
br awSd.Al bid@ mull pslpap
one poemowd. 1 4 na Ewa dmhdt .
IM though d)I1NOERwN1EM'LAOOrATDKMM:thAsts oSerwles soputwed hti
oepenonc tf!d�0 nn an enmr o cofreav� o s u e a _ bd.no manufactured Nuns am bokabd anaMdw tfeff be U L bad
INS um -"own--r-Iwh r AS uce 09 adlfuld s0 a lim whom such has bean aeabUW by U.L br the Ituts)Mmd and _.
w 1hN M1Wled.h Mu d 9W u1 ia9.dd I"Iimy �de�f' _
um oe and apxe I re ewe s aAorod h erry an Independent x �"'^'h'ruDl' ^�m
way.Arend bona wD nee a cemldere0. MeaOrm
2.NO ND.r rot a bd respond W plo 1 and nhwr&o one e) m any cod COAMMOPM The Bond spneacdy neerYw to Ilpla b
MemLTama i-m-'ba a'�. ado ar"nbo`' as ie.ean"Tum
t a�ffefi'ru j-.�eebon br nsigplmY a- NONCONFORMANCETOCONiMCTCOIOrnONS:W adbmdway
�kmused Submit -m,bblor and SaesSaO,1MIt•be r�ecollved art b dsasrdd.not conp/[� b bid Demotions am W w and for Ylbe
the Stated bid opanhp else and Dan. mleaed and Returned So YedaY expense. Mcode nor awylow, too
TiHsOe b•m e. OOAemd as pox-doh"dab In bid andfor purchase order may be
1 PRIM oUOTED D,ao- trade d400rlw and plot tent ref PIDN&OM purchased on to open raeltrI Any' In coal maYbo,dr9af
ash ut pbo and carded bid Prices mud be abed h utb to guesser, Rhea~M bidder.Any vktWn ol one s*LdaftN why eft war
b 1a bidding in N ran d dypaprcy h
tw S wxd d the din to unit PAa incbd we o0.drt AL pkde I. vdrxfs'a nma beYq wnmwdiMh MDepamrtof I'udrWO Wrhda
ales a F.00 dootlnadan,heoM Pmopold t9Ma p►ys W been mates bd bf too,(2)Mrs ad VISION not asp r ounwou dad ter
Mapes.Bitter owle goodsN and ass eltytlehwj.lehbss DryewddudTho s+,perm.
2 IUdepahwne".awrwllodob Lk a sehvwsW.
Fats 3270D Egret OloowtwrM[mproyr,LhAVAm,.mwrAS Anion GuMrrMw (CONTINUED ON BACTD
rovwiom
MAR-29-1995 11:51 PURCHASING HELP DESK P.14
f
Cc'Sk iCI_ r10: ''I" U911 I12177 Pi
lC SALIPLE6 San4w of Item,when race,cad. rraM bn 11 r 11r d hen is 20.WALJTY:M mabola urwd nor a+rw-0=0`0 or cw*bw:4x+d sty
,sperm whin 5 wlJnp ripe d rogues[unbec rnnerwln sWWd ono, ate YJia;mnlennlc or tv,lb m owwvA by the bN vas be rww The
a-A doal9y0Q Will.upon agaer,ba-lu,ned W the ow1W,ar:enua. ano1 bid vn rJ be new,Amer W.*nodal,of r:e toot":4y,and hpimt
OWars WA be mploW kw Me ree w avvi of ad eny eaten oa tumbhad Nxn O wertkmnnxhiP
via clm after bid omap,,iV.As wmples all be,droned d acbr Wdrys. 71.LIABILITY,INSVnAMLE LICENBEe AND PfnS'ITS:YVhere biMwrc ors
leach ardhlduW w npe read be rrdwbd wfth Ndderb tea w,bid nurabar, raqusod to edar or go Omo Scholl Ikwd pn>pbry a delnnx mMedaM
Amid harm swtw.rafted of bidder Io oMeF dofiver raqukad annpass or or putcwm work or senicm M A r„ut Of e bid award.M bidder Agraea
to clearly idwtyy femDMa n Mdcsad may be roosm br-[action d to Me Hold Haq rhod"mine suded hae'e W M avume Me hl
are bid.Un"S dr hdcated,sommdp�oo should be doevo-0 b M AAy drpmian and eapane of Obtaining ear nateawy,Icenm,Wnft
e daedM PucOAahnp OopMmMdRwSctad Bwudd Froward Canoe/', and insuwnca.The bidder shoe as table for any diunago,or loam.b M
Flcrlc ,1320 SDeaawemi Foul,Skaer,Fort Laudordeb,Fiwlde 3331Z tabard bouwnad try nsgagance of 1M bidtlw far eOelO of s,y pone,
S.DELNM:L1rde6s ardsledd6DYwyhspaO60dlu YspKMWdoAWy die bidder w deaipnekd n No auyratien don conlrW N a rout
cwwwA be mot),star r-nbWal MW.1odbmkadeWeryeserwWV dherrhd.
of purchase order in spas,powosd.D01firy onto may b000ma A basis �DM BONDS. PEAPDNMANCE PONDS, CERTIFICATES OF NSUR.
km making an avrerd -r 9pedal Go0d17an11. DBlvery shag be wdM s.ANCE:Old Dorri When ropy,nd,as,be Submitted with MbE In M
Mo-elms:Waco V haxs a1 M Mond M4 F user, ay Umriday.eacWwq errata spedled in spacial Carbonbonds W DO bos be rkwned to
r,orteya. usuccenhA bidelaa.Alter Acceptance of bid.Me BOW w11 me*M
7.PnUU4ETATiONk Any Qaenao,pnncenning mnddrom and spadA• a,ufbl bddar b subnM.a poilkemdaebWard ce+kceledMunuru
parr sup be w6aMad In a "A d rAmhnd by the DopedmM or b Me an,owa sdesified Ate Special Cwxld m Ups, rsoalp of Me ,
Mchsrp ro Wr Ern ton N wprA4q days Prior to M alpha(bid Did hark ea s bead Ma W We VAl be remained b M recamnU Wier.
1 ope L dole.gnantwy.MAddnrdmwgber-uod 2L oaAULT AND V9AUE N M Awed d deleul on a contact.M
L AWARD&b the Dap ItAo"d M Sdad Board,the Hoard reeerws euccoeafulDllda'UMpgblM Sdad BowdafOrgwsld Fb1*
r ties rlgb Io s)w1 Amy And an bits and b Wahte any bmguMrAy N bib a Lquldyad dime,rap AmA an amount equal b 25%dM,M plc,bid.Nma
rscai-d b scrap any tom er group d yams anim quuiW try bolder; MquanAyw350OgwAncheyor, bnoAmaY lerrygearr.�Any saft'VIM
;lt to amethe Addtlonsr quantities At prices Oload on Ns im4fth n axbe ,Board tr aquidatorl demapas'rrd In VN44UW And FW&MW In M -
,. t'5..: Wddondo usndie uA not aocayypIs,In whirlr cea0 the Dld afeNs runt Come d tie County d BroAarQ Slab d Fkslda In M AVM d A ddwa
be now�IgO IS FOR SPLXaFIEO OUANTFrY ONLY,••M a"%13 make an a cmaa-the sis,66"fid bbda NMI pub AS&lWfwys ben end mat
As a Read at tax bid shed cmec m an apphaebr riaida Stevan. ad=banned N Odwhp rid tkpwlred Olives s
LBID OPENING: Shag be pubic, m M dale and at M Me spedled 2e.CARCALATION:In Me sward ayyolM INVASION,dNA w"vwaw
Item,Mbnn.MbW wahod After hat Ones dill rot be considered pry gre canon-,; and OWrbbMend nIW give waft nWoe b M 10.ADVER(SING&In wbndbrp a prapaal Ydm e9ran r,a1 m Ammo Ina mnhclx abDng M cbrK:K bid mien Mkiene"M contend
rouse l,s,Wrorr,n e ppaann d sole cawnarclal adrvwt4dp wltho.d par wain We 15)days,rpcod+merd,am rN be made b Me School Board
lorida
N rM Sdml Bass M5F"M rpm b Ww*b mra'ra rerdap CCU*.
kM"
it.INSPECTION.ACCEPTANCE A TITLE:bOmOUte and aecaplann wtl a1 Arry time and for any reaeM WM Weq Nry,J=via„pbr WtM
j tpU Od,On ui110e00tinarWx Provhiod.TalowlarFiLkollonardamy, nvw*to tin Oran pity.
b d eons elrl be M lepdr3illy or the successful bidder until
erulsmce by 0r baser unless Jim ac damage re"tran roN4�A 25.B6LINOINSIAUCTgH4:A,VvbMvam,Atwwbe'a�a�LmW Uar
bye DWec Mrtuterleba N-kra applied EOM Board era load FasheFe ardor nur6en And ohm be subrnled in&Vildib b The Sdnd
b a ddaeaw rm M conform b speelcel otte,M BoarE reserves M board w Broran G�bu�mtt�� Fonda,Assaub Payable Department. P.O.
nubt lacw4w M ordar a=wftm notice b Me smiler and reran pnQo/ BOs b4M Fat lalnlwoab,Fkalda 33310b4M Prymen W&I be aide
in bidder,ezpwns. a mwmun,dSOdays aaerdelwry,mAawiald lneDedI Wnmeprarl0a
N7r%verdors some dmabd b send Vastest me a ciao,Me trJool all!
12.PAYMENT:P&p*M will be made by he bLW Saar Me items Awarded make dared p ,wr.a.A,M wader. Y
b a ardor Nava been received,hspodad and sped Doempls'wIh Awrd y i
spadecarim,am d deanda or defect and Popery Invoked. 2e.NOTE TO VENI101tltEay MroughERING TDlerldst,te OUR Curling L 1TB dOUSEI
13.CONRJCT OF NrEREBr The award haamider is Mudwdea b Me p=PRedeeming AL This yygfa eve s M lager ems o�bo by VA Seaboard
i�bid Mer�"Oft&.&eaar Florlde be 099s. O0 w�bo w Mae,an m03yee Adma Vigil Croat Line.idagbrN car mrakp
of Ion Bd oul Board of BrvaW Carry.Flonde ruMar,ad bidders mud 27.SUBSTITUTIONS: The School Board ot SivA rd Cgary,Flwids Mxl
devices ate narrte w Any Beard employs,who awn.0109W w bndmerty. NOTwcW subm.aue WgNrww d"Imind a ter lbeapel Same ny
An wM,,m d S-per cane f5%l er mere or M ml--on capael Me bald pealed h,Mal,bid woe marded ey 11Yii�A Seamd Boers Any
eb,k in he biddah Sen. suDWub srMpman s-M be retuned d M bidLls eapnae.
14.DISPUTES:In emee of any doubt or dtlaren of 0pkdorn as l0 Me doers 2L FACILI M:The Based reserves Me might b' Me biddefs Mm14a
to be banhhsd hkaounOF,!te decision o1 to byvr shut bu hmd and ,!any tine writ,polar raft&
r„ badnp an both part" Ps.BID ABSTRILCTS,Bidders denting a am d bid lehderon terry ro¢rU
pp� IA.LEGAL REOUIREk1FNTG FedwaL Slats, cwmy, bid Ideal laws, same by encia ga,atl-eddesNq Uerrpd envelope Mr blot
orcinmunce3.Mev,and repaehone Mal ten any Maras, sand the Itms
conerad Mrs n eppy.Lack d krowdM)a by he bidder wN In Ib way m'AS3 vid Co STATEaE]R:rd e 100 "Past b Ore IBidder Board d
be a cause Is, slld kom mpo loft.. d it Cpmy.Floridayl rtart be "I"Past"M. d lit W -
aµ a*ma by dprrq bd.Dut a Is 100 NA
/L PATENTS A ROYALTIES:The dDow of
card tern,rid,I adcrsaid ri1 guppy aNy malwol w p�,�mwd Srl b tODE eADsax ties.No d0
' and save Mrmlen The Soloed Board d Brrawerd COrrsy,rlorlde M rM IOOrterdeled rAawa Nek epr,edbby Ur word-.
b erint,"sfrom liability d Any ruunwldhd.Icludigoadand exporters 31.HOED HARMLESS AGNEDRNI!Owing M term dab bid ate biddy
a w anGwe of any copra.pmanled.or unpbred erwneon, W/admmaWy had hArmam,rot claimed M Scl BOAS d Stressed
pocaw&w adicMm Weduto roused In he performanoa dthe contract. Camay.Fbrlde Lb,Bab,Wvarb and employe-Mmy Uri o ar el Orr
t Includingi,use by The School Board ofBmwwd Camay.FlerldL ill M And�yy yrbyV but not hbd to.Ukylgry Mee reaprbM
bwor noes wy design,dwipo,w mmrtete c lot by Ien-1.Wk+^I• angtbad-and dtemeery cods coral too Aid s5 cum sums w1Nb _...._J
Of M A Y maue'y ude�s'aod and op-ed wiaamh Aacepam O,U MBowd.aa eponb.sorvansar,d empbysw ma/pywbecalm I I ate I
M bd pines sr,st od.rds AA royatle w aaaL adpnp Sam Us,use,d p pay an AmpAma d rid.�I arnd eery delm w dernAnd,w awraan
much doppn,davlo%W Mwlate In wry wryimoWad In work di
be any desire and away,rAh w dun"or oWdOn d bbova
17,OBHA:The bidden wanads that M prgAuer suppled b The School Bond wry c4hn or Actions Mlmdad.alaraoR wimiling w aaspW to Iva wbw
cl Brswan Corny,Florida shad contain In as rmpotla e,M sts Breda out d M Pvd dik Soots WW kit krnWWbytab4d hw
err dh In tie Oavpomonal Salary and Hearin Act ul 1970,se rneM w ad It era dd earnwits enplryees,w ON s ewpi won suck
Aes,
k aea�s w
a ,M oaspy wYtnfts cwndRon we De mnidwvd n a DroacD ontract ro�deharling q�w moOAr,map eq,pnw
1L EPEGTN.CONDITIONS,Tho Sup@r mndMwoecyrashuMmtudy �nape, s eMhnatb0 birarse'wAeP+r MAi,oft w daMte I tr
b arras Spaced CaNsur And^upacMewbra tie 16Wbed lw idividual asand ga+Pwwgpa iAsr1 ewnpb��bythe ...
bids Any said Ad Special Conditions;aM may vuy lion,Ms,Gernert or to Bard w drrMM.
oerrsok "hakes Precedence. 32.The Pubic Easily elms,Beach SM1smM regltied under Flakeat s Gre
fa.ANiFpSCF MNATON:ThebWwcs&esthallwslkbcwroa nos 237.13)M&coup be mhgMbd and sawn b In to --I—bw
w*M ron-decm"Abn oboe ewaal ned sr Section 202,ExecdNe by low and eu3mbed at the kid of bid sWnWAL t Wkft WON
Order 11255,U-smondad by Eennllw Order 11375,rMaWe b 0egqrr1 this"Brareaat WIN read[bommww~wMid wommom
errpbyreadda pa,"for M Persons,WVW regard to raw.color.re
Fiala 32M Pope 2
' Ran1eW 10R9
MPR-29--1995 11:52 PURCHASING HELP DESK P.15
s. n..._. . ..
'9:; 4}:_ 1L-a= 1[r.PU::J iI'n IIIG CLP h lE_L 110:7"�-7GL-=Or1 ..�-„� sty
a
Did No. 95-ONH
Page 6 of 12 Pages
BID PROPOSAL
SPECI 1,CONDITIONS
1. The School Board of Broward County,Florida(SBBC), desires bids on new OFFICE FURNITURE as
specified herein. The discount quoted shall include freirht and inside delivery to various locations In
Broward County. Bids will be considered from manufacturers or authorized distributors or authorized
dealers only,located in the tritounty area(Dade,Broward,and Palm Beach Counties).
2. qrQPFj The purpose of this bid is to establish a contract for a period beginning with the, date of
award and continuing through three(3)years. Each bidder shall submit a single fixed discount
from the current price list for each manufacturer offered. The discount offered must be held firm
for the contract period.
3. OTIANTITIES_ No quantity or dollar amount is given or implied. This furniture will be ordered on a
ti if when needed as needed basis. _
4. DLIAVERV: Bidder is requested to indicate delivery date in their bid. Orders will be required to be
received within the delivery time specified by the bidder. Any bidders who fail to specify delivery time
on the Bid Summary Sheet,the SBBC will expect delivery within sixty(60)days after the receipt of the
order(ARO).
5. A3YARD: In order to meet the needs of the school system and in the best interest of the School Board,
this bid shall be a multiple award, based on the highest discount offered(across the board),for all items
offered Qtr manufacturer.
6. BID SUMMARY SHEET (PAG 11): THIS PAGE IS TO BE REPRODUCED .AND
COMPLETED BY BIDDER AS NEEDED FOR EACH MANUFACTURER OFFERED. On lino
provided,bidder shall insert the full name of the manufacturer,the catalog number or date to identify the
a;y book the description of the furniture and price list date or number (for identification). ONLY ONE
1 °'� DISCOUNT (ACROSS THE BOARD) FOR ALL ITEMS AVAILABLE IN THE
MANUFACTURER'S CATALOG OFFERED WILL BE ALLOWED. Additional information as
specified on the Bid Summary Sheet submitted must be completed or specify NA(not applicable). Each
Bid Summary Sheet submitted must be signed by an authorised representative with proof of the
authorization attached(see Special Condition 7). Failure to comply will result in disqualification
7. AUTHORIZED DEALERS* Verification of authorization on the manufacturer's letterhead must be
submitted for EACH MANUFACTURER OFFERED by each bidder. Failure to provide this
i=
Information will result in disqualification of the bidder for that manufacturer.
;. g- TA OC.S: Catalogs will NOT be submitted WITH this bid. Successful bidders will be required to
submit MANUFACTURER'S catalogs with current price list to the Purchasing Department AFTER
THE AWARD of this bid. Dealers catalogs will not be considered.
It will be the successful bidder(s) responsibility to notify the Purchasing Depar6nent thirty (30)
days prior to any price increases,by submitting the new manuractueer price list
9. BID FXyIPT; Purchases shall XW include items stocked in the School Board's warehouse or
items available at lower prices on State of Florida contracts, or furniture available on other bids
awarded by the SBBC. The SBBC reserves the right to bid any furniture at any time during this award,
if it is in the Boards best interest to do so.
VENDOR NAME:
LIUk
MAR-29-1995 11:55 PU?04 SING HELP DESK P.19
<h
HIr_.11_!i I f IP 11 F: 16L Hu -U'� "Lu-u`J11
Did No.95.0(MH
The School Board of Broward County, Florida Page 7 of 12 Pages
OFFICE FURNITURE
SPECIAL.CONDITIONS (Continued)
10, BLD CONDITIONS: Bidder, by virtue of submitting a bid, agrees that the SBBC's terms and
conditions herein shall take precedence over any terms and conditions submitted with the bid, either
appearing separately or included in pre-printed catalog(s)and/or price Mst(s)or other literature.
11. INSPECTION: The SDBC or their designee,reserves the right before making any award to hnpect the
bidder's facility. This facility shall be within the tri-county area (Broward, Dade and/or Palm Beach
counties). Bidder must have adequate facilities,equipment and personnel to insure prompt and efDcieat
t deliveries for this bid.
i
12 ORDERS; The SBBC is NOT obligated to place any order with any successful bidder in this bid.
However, all schools and departments requesting furniture not available in the School Board's
warehouse or available on other SBBC bids,will be directed to the successful bidder(s)of this contract.
Individual orders will b- placed for all schools and departments in the county as needed and each
shipment is to be FOB destination specified on the purchase order. The prices applicable to any
purchase order are those that were In effect on the date of issuance of the purchase order.
13. PURCHASE AGREEMENT: This bid and the corresponding purchase orders will constitute the
complete agreement. The SBBC will not accept proposed terms and conditions that are different than
those contained in this bid, including pre-printed text contained on catalogs, price lists, or other
descriptive information submitted with bid. Bidder's percentage discount must be stated in the space
provided on the Bid Summary Sheet. (See Special Condition 6.) i
14. INSTALLATION: If the furniture requires installation(Le. systems furniture)bidders will specify on
the Bid Summary Sheet the percentage to be added to the order.
}r 15. MINIM IM ORDERS: If bidder(s) wish to set a minimum order dollar amount, they must do so by s indicating the dollar amount in the space provided on the Did Summary Suet Failure to specify will be
considered no minimum dollar amount. It should be understood minimum orders with large dollar
•` amounts may exclude bidders from competing for the Board's business. (See Special Condition 5.)
i u`r
yM.
,oK 16. PAY111F,NT: Partial payment will be allowed for partial delivery IF THE INVOICE MATCHES
THE DELIVERY. Payments for the SBBC purchase orders will be made following delivery,
y acceptance, reoeipt and approval of the invoice by the requester. School activity purchase orders or
i
check requests will direct the vendor to deliver and invoice to the school or department directly.
17. Oj1A ANTES: All furniture delivered under this contract shall be guaranteed against defects in
z workmanship or materials for a period of one(1)year from date of delivery. Should any such defect
arise within this guarantee period,not caused by vandalism,the defective furniture shall be replaced by
the contractor,free of any charge.
18. RFPRESENTATLVE: Bidder must indicate on the Bid Summary Sheet the rattle and addreas of the
representative. This representative shall have authority to receive purchase orders,resolve billing, and
delivery problems.
VENDOR NAME:
LH/lc
MAR-29-1995 11:56 PURCHASING FE-p DESK P.20
Q
]L.09 IU:f'Wl lJUli
Bid No.95-004H
The School Board of Broward County. Florida Page 8 of 12 Pages
OFFICE FURNITURE
SPR .IA . CONDITIONS (Crottinued)
19. PUBLIC ENTITY CRIMES: Florida Statutes. Section 287.133(3)(a) effective July 1, 1989. requires
that no public entity shall enter into a contract, award a hid, or transact any business in excess of
$3,000.00 with any person or affiliate who has been convicted of a public entity crime. Prior to entering
into a contract to provide goods or services to a public entity, a person shall rile a swom statement with
the Purchasing Department on Form FUR 7068.
The law further states that "No public entity shall accept any bid from,award any contract to,or transact
any business with any person or affiliate on the convicted vendor list for a period of thirty six (36)
months from the date that the person or affiliate was placed on the convicted vendor Bs[ unlrss that
person or affiliate has been removed from the list pursuant to Section 287.133(3)(f),Florida Stauutn"
This list is maintained and published by the Depanmoat of General Services, State of Florida. Any
,11 public entity which receives information that a person has been convicted of a public entity crime,
subsequent to July 1. 1989, shall transmit that information to the Department of General Services in
" writing within ten (10)days
e" A co x - -c• py of the required SWORN STATEMENT is included as a pan of these bid documents. This
' sworn statement should be completed,signed�NOTAR17.ED and submitted with the bid or prior
to the bid opening in order for live submittal bid to be considered. Every time a bid is submitted,a new
sworn statement is required. Any bid that does not include this required swam statement will not be
evaluated and will not be considered for award. A signature Is required on BOTH the Swore
Statement AM the Invitation to Bid page. A signature on one page C nni;Il be substituted for the
signature required on the otter page. Failure to complete and sign both pages requiring signature will
result in rejection of bid submIned.
a
20. MINORITY/WOMEN BUSINESS ENTERPRISE. (M/WBE) PARTICIPATION• SBBC bass
Minority/Women Business Enterprise(WWBE) program. A M/WBE is defined by SBBC as any legal
entity,other than a joint venture,which is organized to engage in commercial transactions and which is
at least 51% owned and controlled by minority persons. If the bidder Is a Certified M/WBE by the
SBBC or by the Department of Managemeat Services,Division of Purchasing,State of Florida,as
Per Chapter 287.0943,Florida Statutes,bidder should indicate Its certification number on the Bid
a' Summary Sheet. If the bidder is not a Certified AMBE by the SBBC, bidder should include,as an
+ attachment to its bid, a plan to show how it will incorporate at least five percent 5% M/4VSE
s.. participation in any award received as a result of this bid. For information on MIWBE Certification.
E' contact the School Board's M/WBE Office at(305)760 7470.
21. SEALED BW REQUIREMENTS: The "INVITATION TO BID"sheet must be compPleted,signed
and returned. The SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA
STATUTES, ON PUBLIC ENTITY CRIMES' should be completed, signed. NOT,_ ARi7.>& and
returned as described herein In addition,the Bid Summer
x Sheet page on which the bidder actually
submits a bid,reseed to be executed and submitted with this bud. Bids received that fan to comply with
them requirements shall not be considered for award.
22. SUBMITTAL QF BID, All bidders arc reminded that it is the sole responsibility of the BIDDER to
assure that their bid is time atamned In the PURCHASING DEPARTMENT prior to 2:00 p.m,on
date dun The label attached to the bid solicitation indicates that the address for bid submittal.Including
hand delivery and overnight courier delivery,is indicated as: 1320 Southwest Fourth Street.Building
7,Fort Lauderdale,Florida 33312-7535. Prior to bid submittal,it Is the respottsibBity of the bidder
to he certain that all addendum released have been received,that all addendum requirements have
been completed, and that all submittals required by the addendum have been timely Ned (See I
General Condltion 1.)
VENDOR NAME:
LR40
I
MAR-29-1995 ll:S7 PURCHASING HELP DESK P.21
F
INA{9 - b(77 1_:117 IC:{'Q ,Iil 11LS I f LP 71-L NO:73b G....3911 ::J(3'i P_3
i
Did No.95-00411
,qp The School Board of Durward County, Florida Page 10 of 12 Pages
OFFICE FURNMIM
SPECIAL CQ(!i[IITIONS (Continued)
25. SBBC ITEM IDENTIFICATION SYSTt?M: The five (5) digit, nine (9) digit, or thirteen (]3)
characterldigit item number shown in parenthesis at the beginning of an item on the Bid Summary Sheet
represents the School Board's identification number for the item. It does not represent any
manufactureddisuibutor modellpan number.
26. S IRMITTAL OF INVOICES,. All bidders are hereby notified that any invoice submitted as a result
of the award of this bid must be in the same format as any purchase order released as a result of the
award of this bid._FRrh line of the invoICc must refemnce a coIMMItnnding single line dKmn on Lw
U . pl.r has+ordler. A single invoice line must not correspond to or commingle the cost shown on multiple
k`' •''°• purchase order lines. An invoice submitted that does not follow die same format and line numbering as
shown on the purchase order will be deemed to be not correct,and may be returned to the vendor by the
Accounts Payable Department for correction
a'
27. POSTING OF BID RECOMMENDATIONS/TABULATIONS: Bid Recommendations and
Tabulations will be posted in the Purchasing Department an HAY 20. 1994 @3:00 P.M.
and will remain posted for seventy-two (72)consecutive hours. Any person adversely affected by the
decision or intended decision shall file a notice of protest, in writing, within seventy-two (72)
consecutive hours after the posting of the bid tabulation (or receipt of written notice of intended
decision)and shall file a formal written protest within teo (10)calendar days after the date thettotice of
protest was Wed. A written notice of intended decision shall only apCly when the Purchasing
,XSf Department gives notice of a decision or intended decision about this bid to All bidders by United States
a?;y% mail or by hand delivery. A written notice of decision or intended decision received in accordance with
Chapter 119. Florida Statutes, or School Board Policy 1343, shall nyt be used as a basis for filing a
notice of protest as described henna A telegraphle or facsimile letter of protest or formal written
protest will not be accepted. The same procedure,as described herein,which is used for the submittal-
of bids shall also be used for the submittal of a letter of protest and formal written protest. School Board
Policy 60x6-3.4, Rule l.c.(3)(a), states that, if the seventy-two (72) consecutive hours expire on a
€ Saturday. Sunday, or holiday, the notice of protest must be received by the same hour the next day.
i School Board Policy 6Gx6-3.4, Rule l.c.(3xb) states that, if the tenth (loth)calendar day falls on a
:ic•' Saturday,Sunday,or holiday,the formal written protest must be received by 4:30 p.m.the next calendar
day. Failure to file a notice of protest or failure to file a formal written protest at the office of the
Director of Purchasing, 1320 S.W. Fourth Street, Building 7, Fort Lauderdale, Florida
33312-7535,within the time prescribed in Section 120.53(5), Florida Statutes,shall constitute a waiver
of proceedings under Section 120, Florida Statutes. Section 120.53(5)(b), Florida Statutes, states that
"The formal writen protest shall state with particularity the facts and law upon which the protest t
is based".
VENDOR NAME:
LH/k
MAR-29-1995 11:58 PURCHASING HELP DESK P.22
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L='_ID:PUE [-U C-Sk: T[L tO: zir "7t,E J`+LL ItdU7 PJ7
Bid No.95-004H
Page 11 of 12 Pages
The School Board of Bmward County,Florida
OFFICE FURNITURE
SPECIAL CONMTiONS (Continued)
28. $PFCIAL.ACCOMMODATION: Any person requiring a special accommodation at the bid opening
because of a disability should call the person named in the following Special Condition Prior to the bid
opening. If you are hearing or speech impaired, please contact the person named by using the Florida
Relay Service which can be reached at 1.800-955-8771 (TDD).
t' 29. INFORMATION: Any questions by prospective bidders concerning this Invitation to Bid should be _
addressed to Ms. Lojuanna Howard, Buyer, Purchasing Department, (305) 765-6137 who is
authorized only to direct the attention of prospective bidders to various portions of the Bid so they may
read and interpret such for themselves. Neither Ms. Howard nor any employee of the SBBC is
authorized to interpret any portion of the Bid or give information as to the requirements of the Bid in
addition to that contained in the written Bid Document Questions should be submitted In accordance
with General Condition W. Interpretations of the Bid or additional information as to its requirements,
where necessary,shall be communicated to bidders only by written addendum.
l
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VENDOR NAME:
LHlIc
MW2-29-19% 11:59 PURCHASING HELP DESK P.23
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OFFICE PAVILION
2517021F A.M.. seating6.1
2517 Anco O1fi Com unuturc +
(425170349) Add tenor.=in 7
IS 7 51 vnnm a wc,
2517 17 o seaun
S 7 7 Amol case oo a
5 7 5 Avenuc,dcwtablea
4 51 022 Bernhardt.scent[
.. 42537 rarsdrub caseA
i 2517 8Igurrouehs
wn L DCatrna
:.i nrttSl seat[
4 1T 355 --Design Options,
2517 1 ivetm 1 rruuue,
4 1
2517 1 7 rs r ar,sea n
(425170090) Grahl,seating
(4251701891 (,resson mating
} (425170 Hale bookcasesg�--�
k rn251 S75Ti3 —gin _
- Heiman n'11Jrer,SlanOtiS
J) Lronbound -
0
( 1 5Keithauer n .,seating
mmucloama
42517 37 Krue.seadn
425170253 Kwik. mailroom
Loewenstein,seas
case goods 4
42517 Mcridlan %
42517 125 Novlknff,caselzoods
1 tee one
17 7 ierson De.
42517 1 Phoenix work stations Tiuu—
(425170358) K.P.L. lobby
2517037 ignore 5
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£mac 9 of 10 Pages
Bid No.95.0()4H
MRR-29-1995 11:49 PURCHASING HELP DESK P.12
xi
,My. `LLB-J.'1 _27 C11=1=10E PI PJILION 11.3' I`ti lam— iJ=fi �T 95 13: _S zy
and of County Commissioners �I County Administrator
a L Foster,
Chat[ Robert Weisman
n L.Foster,Vice Chairman
I "en T.Manus
lol A.Roberts Purchasing Department
lren K Newell
rt Aaronson H
ude Ford Lee
Fom L
t OMOO14 A Jap e�1994
i Date:
OFFICH PAVILION
ONE OAKWOOD BOULEVARD
SUITS 100
HOLLYWOOD FL 33020
Attention: Marilyn Nilson RE PRIC-R AOUMjxmT 9: 23316A
Dear Vendor:
This is to inform you that Pala Beach County Board of County Canmisaioners is entering into
a Price Agreement with your coaparry for Office Furniture following: by Manufacturer ce•rrrwr based on one of the
i
1 FORMAL BID
��. IXX:X1 RENEWAL OF FORMAL BID 0 93-316
EXTENSION ON FORMAL DID/RPQ
WRITTEN QUOTATION /
sit'i
VERBAL QUOTATION PER '
I 1 STATE OF FLORIDA CONTRACT
1 PALM SIMON COUNTY SCHOOL BOARD DID tl
tt
,..'...: I 1 OTMIR: OFFICE F mnrrrmn wv NME C=M0 AS PRR ATTACH®
The term Of this agreement is 11/01/94 through 30/31/9S. The estimated dollar value is
; +. $019,500 for all 19 vendors.
f The obligations of palm Beach County under this agreement are subject to the availability of
£uada lawfully appropriated for its purpose by the State of Florida and the Board of County
Commiooioners.
Palm Beach County Departments will issue hard copy orders against this agreement as your authorization to deliver. A11 invoices moat reference each unique document number.
If you bava any quostione, please contact 28 pi at t1071 qav-Iw,
Sincerely,
Doug a V. My a
Dir for
co: Pile
'An Equal Opportunity•Affirmative Action Employee
50 S.Military Trail,Suile 110 Weal Palm Beach,Florida 33415.31"
aYWI^'�•�'r� Iar1111lirCM La Y. M.+H ow
qPR-27-1995 13:05 305 921 5727'
\ P.02
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III PO CiFR J7• by 13: 14
1 12
BID 993-316/MH
AWARDED VENDOR: Office Pavilion Se((
(39) MANUFACTURER(S) : Adden Furniture Inc. 42t Discount
Add Interiors Systems Inc. 42.5t Discount
Amotek/Lusa Sot Discount
Arnold Group 44% Discount
Atlantic Furniture Systems 53.02t Discount
Bernhardt Furniture 45t Discount
Cartwright 46t Discount
Cleator Corp, 45t Discount
Councill co. 42.5t Discount
Curtis Products 47.2t Discount
Dar/Ran Purniture sot Discount
alcon Products 45t Discount
'' Fire King International 40.13t Discount
Grahl Industries 49.52t Discount
Gregoon 56.8t Discount
Harvard Interiors 46.65t Discount
Herman Miller - Action Office 61t Discount
Herman Miller - Ethospace 48V Discount
Herman Miller - Seating 51t Discount
Herman Miller - Liaison 61t Discount
Herman Miller - Geneva 49t Discount q
Herman Miller - Furniture 49t Discount
Inline Systems 47t Discount
Keilhauer 47! Discount
Krug Furniture 51.51t Discount
Lowenstein 53.3t Discount ;
>- LUI Corporation 45t Discount
Meridian Inc. 42t Discount
M J Industries 32V Discount
;g National Office Furniture 54.53t Discount
'.' Novikoff Inc. 45t Discount
office Speciality 461 Discount
Omni International 334T Discount
Omni Wall 33t Discount
Shoto Corporation 42.2% Discount
+� Transwall Corporation 33% Discount
Vereteel 41V Discount
-. Vogel
oeeterson 51t Discount
Wieland
42t Discount
AM-27-1995 13:06 305 921 5727 P.03
I
I
1
- ____--------.—..—_---------- —_- - �„-ems r,r�a
.i..,', Do Ir.1 ul County C'um mi ssioners
Mar) McI'arty, Chair Comity Administrator
Ken I_ luster,Vice Chairman Robert Weisman
Karen T.Marcus
Carol A.Roberts Warren H. Newell Purchasing Department
Burt Aaronson
r, Maude Pord Lee V B
— a
col,rl•c4
BOARD ,OF CODNTy COMMISSIONERS
�� NOTICE OF SOLICITATION
BID�93-3161HA
Office Furniture, Annual Contract
BID OPENING DATE: , October_6,-_1993_ AT 2:00 P.H.
It is the responsibility of the bidder to insure that all pages are received and
all addendum released are received prior to submittal of a bid. All bidders are
advised to closely examine this package. Any questions regarding the
completeness of this package and issuance of any addendum thereto should be
immediately directed to Palm Beach County Purchasing Department (407) 233-1500.
Palm Beach County is exempt from Federal and State Taxes for tangible personal
property.
It is requested that all bids be submitted in triplicate, one original and two
copies.
C A U 'r = O 14
Addendum to this Invitation for Bid
will be automatically sent only to those vendors
who received this document directly from
Palm Beach County Purchasing Department.
Palm Beach County shall not be responsible
for the completeness of any Invitation for Bid
package not purchased directly from
Palm Beach County Purchasing Department.
Irl aCCo1C'(3ar10E w3 tY1 the
p=ovis3. o3ns of 27kD2k thys
clocurnarit array Yae requestacl
ixx Z x al terriate foranat _
'An Equal opportunity-Affirmative Action Employer'
pp, 50 S.Military Trail,Suite 110 West Palm Beach,Florida 33415.3199
r.n.em,«rxi.avww (407)233-1500 FA%:(407)233.1511
Pat-
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BOARD OF COUNTY COMMISSIONERS
Palm Beach County
2 14 V 3C TAT 11 4:3P7 FOR 33 IC I)
BID NO: _93-_316/MN__-.-- BID TITLE: Office Furniture Annual Cont
PURCHASING DEPARTMENT CONTACT: Michael FMauer_- TELEPHONE NO. : (407 233-1515
All bid responses must be received on or before October 6 1993 r -----
r Pa—
Beach County local time, at which time all bids will be publicly opened and read. SUBMIT
BID TO: Palm Beach County Purchasing Department, 50 So. Military Trail , Suite 110, West
Palm Beach, Florida 33415.
This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda
and/or any other referenced document form a part of this bid proposal and by reference are made a part thereof.
V The selected awardee shall be bound by all terms, conditions and requirements in these documents.
PURPOSE AND EFFECT: It is the purpose and intent of this invitation to secure bids for item(s) and/or services
as listed herein. The selected awardee shall be bound by all terns, conditions, and requirements in these documents
and is hereby placed on notice that acceptance of this bid by Palm Beach County shall constitute a binding contract.
(i.e., Price Agreement).
GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS
1. , GENERAL INFORMATION
' These documents constitute the complete set of specification requirements and bid forms. IT
IS THE RESPONSIBILITY OF THE BIDDER TO INSURE THAT ALL PAGES AND ALL ADDENDUM ARE RECEIVED.
- All bidders are advised to closely examine this package. Any questions regarding the
completeness of this package and any addendum thereto should be immediately directed to the
'v Purchasing Department contact. ALL BID PROPOSALS MUST BE SUBMITTED ON THE PROVIDED '
� r INVITATION FOR BID "PROPOSAL" FORM. BID PROPOSALS ON VENDOR LETTERHEAD/QUOTATION FORMS WILL
NOT BE ACCEPTED.
Al] bid proposals must be typewritten or written in ink, and must be signed in ink by an
officer or employee having authority to bind the company or firm. SIGNATURES ARE REQUIRED
WHERE INDICATED, FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF BID. i
Bidders shall not be allowed to modify their bids after the opening time and date. Bid files
' may be examined during normal working hours, by appointment only, after bid opening, at such
�- time as the bid files become available for ., ..j
public inspection. -
_,:' , ; All bid proposals are to be returned with the enclosed address label affixed bearing the bid
number and mailed or presented to the Purchasing Department and received on or before the
specified time and date.
The bid time must be and shall be scrupulously observed. Under no circumstances shall bids
delivered after the time specified be considered. Such bids will be returned to the vendor
unopened. It is the sole responsibility of the bidder to ensure that his or her bid reaches
the Purchasing Department on or before the closing date and time. The County shall in no way
be responsible for delays caused by any occurrence. Bid proposals by telephone, telegram or
facsimile shall not be accepted.
Any questions by
prospective bidders should be directed to the Purchasing Department contact,
noted herein, who is authorized only to direct inquiries to various portions of the bid so
bidders may read and interpret such for themselves. Purchasing personnel are not authorized
to give information as to bid requirements in addition to that which is contained in the
written bid document. Interpretations of the bid or additional information as to its
requirements, where necessary, shall be communicated to bidders only by written addendum.
i
h _
2. PRICE_(, DELIVERY-_/ ACCEPTANCE.
Price quoted must be the price for new merchandise and free from defects. Any bids
containing modifying or "escalator" clauses will not be considered unless specifically requested in the bid specifications.
Deliveries of all items shall be made as soon as possible. In the appropriate blank on the
bid form, the vendor must indicate the best delivery date after receipt of order. Deliveries
resulting from this bid are to be made during the normal working hours of the County. Time
is of the essence and the bidder's delivery date must be specified and adhered to. should
the bidder, to whom the order or contract is awarded, fail to deliver on or before his/her
stated date, the county reserves the right to CANCEL the order or contract and make the
purchase elsewhere. The successful bidder(s) shall be responsible for making any and all
claims against carriers for missing or damaged items.
"Acceptance" as herein used means the acceptance by Palm Beach County after the authorized
agent for Palm Beach County has, by inspection or test of such items, determined that they
fully comply with specifications.
The Board of County Commissioners may return, for full credit, any item(s) received which
fail to meet the County's performance standards.
�i 3. FEDERAL_AND STATE TAX
Palm Beach County is exempt from Federal and State Taxes for tangible personal property. The
authorized agent for Purchasing will provide an exemption certificate to the successful
bidder, upon request. Vendors or contractors doing business with Palm Beach County shall not
be exempted from paying sales tax to their suppliers for materials to fulfill contractual
obligations with the County, nor shall any Vendor/Contractor be authorized to use the
County's Tax Exemption Number in securing such materials.
t"d 4. ACCEPTANCE REJECTION F:?
_.
Palm Beach County reserves the right to accept or to reject any or all bids and make the
award to that bidder, which in the opinion of the County will be in the best interest of
Cu, and/or the most advantageous to the County. Palm Beach County also reserves the right to
reject the bid of any vendor who has previously failed in the proper performance of an award
t" or to deliver on time contracts of a similar nature, who has been suspended or debarred from
doing business with the County, or who is not in a position to perform properly under this
award. Palm Beach County reserves the right to inspect all facilities of bidders in order
to make a determination as to the foregoing. Palm Beach County reserves the right to waive
any irregularities and technicalities and may, at it's discretion, request a re-bid.
5. SUBCONTRACTING
If a vendor subcontracts any portion of a contract for any reason, he must include, in
writing, the name and address of the subcontractor, name of the person to be contacted
including telephone number and extent of work to be performed. This information shall be
submitted with bid proposal . Palm Beach County reserves the right to reject a bid of any
bidder if the bid names a subcontractor who has previously failed in the proper performance
of an award or failed to deliver on time contracts of a similar nature, or who is not in a
position to perform properly under this award. Palm Beach County reserves the right to make
determination as to the foregoing.
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6. HO BID / NO.CHARGE
Where more than one item is listed, any items not bid upon should be indicated "NO BID".
Any/all items left blank will be considered a "No Bid" for that item. if no items are bid
on, the "Statement of NO BID" should be returned, with the envelope plainly marked "NO BID"
with the bid number. Failure to do so will be an indication that the bidder does not wish
to be considered for future bids and may result in the removal of the bidder from the
registered vendors list.
A bidder desiring to bid "No Charge" must so indicate, otherwise the bid will be construed
as incomplete and will be rejected.
7. IVE
ALTERNATS.__. .._.___ .[_APPROVED EQUAL [. DEVIATIONS
Unless otherwise specified, the mention of the particular manufacturer's brand name or number
in the specifications does not imply that this particular product is the only one that will
be considered for purchase. This reference is intended solely to designate the type or
quality of merchandise that will be acceptable. Alternate offers will be considered and must
include descriptive literature and/or specifications. Failure to provide descriptive
literature and/or specifications with alternate offers will be cause for disqualification of
the bid.
The determination as to whether any alternate product or service is or is not equal shall be
made by Palm Beach County and such determination shall be final and binding upon all bidders.
£ Although the Board of County Commissioners provides for the consideration of alternate bids,
j it reserves the right to make an award in the best interest of the County. Such award may
not necessarily be given to the lowest bid offered.
P4 The bidder shall be responsible for reading very carefully, and understanding completely, the
�1i;7 . requirements and the specifications of the items bid upon. Any deviation from specifications
listed herein must be clearly indicated, otherwise it will be considered that items offered
are in strict compliance with these specifications, and the successful bidder will be held
responsible therefore; deviations must be explained in detail on an attached sheet(s) and
itemized by number. Any item or items that do not meet established specifications upon
delivery will not be accepted.
8. , NON-COLLUSION
Bidder certifies that this bid is made without prior understanding, agreement, or connection
with any corporation, firm or person submitting a bid for the same materials, services,
supplies, or equipment and is in all respects fair and without collusion or fraud.
No premiums, rebates or gratuities permitted; either with, prior to or after any delivery of
material or provision of services. Any such violation may result in award cancellation,
return of materials, discontinuation of services, removal from the vendor bid list(s), and/or
disbarment or suspension from doing business with Palm Beach County.
9. CONFLICT OF INTEREST
The award is subject to the provisions of the applicable Federal laws, rules and regulations,
the Florida Statutes and the County s ordinances and resolutions. All bidders must disclose
with their bid the name of any officer, director, or agent who is also an employee of Palm
Beach County. Further, all bidders must disclose the name of any County employee who owns,
directly or indirectly, an interest of ten percent or more in the bidder's firm or any of
it's branches.
e
S
10. LEGAL REQUIREMENTS
Federal , State, County and local laws, ordinances, rules and regulations that in any manner
affect the items covered herein apply. Lack of knowledge by the bidder shall in no way be
a cause for relief from responsibility.
A. Vendors doing business with the County are prohibited from discriminating against
any employee, applicant, or client because of race, creed, color, national
origin, sex, or age with regard to but not limited to the following: employment
practices, rates of pay or other compensation methods, and training selection.
B. Palm Beach County is committed to assuring equal opportunity in the award of
contracts and, therefore, complies with all laws prohibiting discrimination on
the basis of race, color, religion, national origin, age, sex, sexual
orientation, disability and marital status.
C. In compliance with Florida Public Entity Crime Statute (Section 287.132, 133)
attached Public Entity Crime Form should be fully executed, notarized and
submitted with bid response once per calendar year. No award will be executed
with any person or affiliate identified on the Department of General Services
convicted vendor list. This list is defined as consisting of persons and
affiliates who are disqualified from public contracting and purchasing process
because they have been found guilty of a public entity crime. No public entity
shall award any contract to, or transact any business in excess of the threshold
amount provided in Section 287.017 without receipt of the statement.
D. In compliance with Palm Beach County Recycled Paper Product Procurement
Ordinance, all bidders agree to the following as a precondition to contract
award:
,+ All reports submitted to the County by a contractor in fulfillment of contractual
g obligations shall use recycled paper when it is available at a reasonable price
and of satisfactory r.: . .-. Y quality to meet contractual performance standards. For
purposes of this paragraph, the price of recycled paper shall be considered
"reasonable" if its cost is no more than 10% higher than the lowest price offered
for non-recycled paper.
Reports submitted to the County by contractors shall use both sides of
sheets whenever practicable. paper
Contractors shall be responsible for maintaining records documenting usage of
recycled paper for reports submitted to the County in fulfillment of contractual
obligations. Contractors shall submit such records to the County, as required.
E. In compliance with Florida Statute (Section 287.087) attached form "Drug-Free
Workplace Certification" should be fully executed and submitted with bid response
in order to be considered for a preference whenever two (2) or more
bids/proposals which are equal with respect to price, quality, and service are
received by Palm Beach County.
F. The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the
basis for contractual obligations between the awarded contractor/vendor and Palm
Beach County for any terms and conditions not specifically stated in the
invitation for Bid.
G. The obligations of Palm Reach County under this award are subject to the
availability of funds lawfully appropriated for its purpose.
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I
6
H. This Invitation for Bid shall be included and incorporated in the final award.
The order of contractual precedence will be the purchase order or price agreement
release, bid document (original Terms and Conditions) and bid proposal. Any and
al legal action necessary to enforce the award will be held in Palm Beach County
and the contractual obligations will be interpreted according to the laws of
Florida.
11. PRICES QUOTED
Bidder warrants by virtue of bidding that prices shall remain firm for a period of ninety
(90) days from the date of bid opening or other time stated in special conditions.
In the event of extension error(s), the unit price will prevail and the bidder's total offer
V will be corrected accordingly. In the event of addition errors, the extended totals will
prevail and the bidder's total will be corrected accordingly. BIDS SAVING ERASURES OR -
CORRECTIONS MUST BE INITIALED IN INK BY THE BIDDER.
Bidders may offer a cash discount for prompt payment. However, such discounts will not be
considered in determining the lowest net cost for bid evaluation purposes unless otherwise
specified in the special conditions. Bidders should reflect any discounts to be considered
in the unit prices bid.
12. PAYMENT
Payment will be made by the County after commodities/services have been received, accepted
and properly invoiced as indicated in the contract and/or order. Invoices must bear the
order number. d
•.., 13. POSTING OF AWARD RECOMMENDATIDNS
1 Recommended awards will be posted for review by interested parties, at the Purchasing
Department, prior to submission through the appropriate approval process, and will remain
posted for a period of five (5) calendar days.
Bidders desiring a copy of the bid tabulation of the Invitation for Bid may request same by a
enclosing a self-addressed, stamped envelope with their bid.
i - 14. PROTEST PROCEDURE
Protest procedures are provided in , section IV.D of the Palm Beach County Purchasing
ordinance.
Protests must be addressed to the Director of Purchasing, in writing, identifying the
protester, the solicitation and the basis for the protest and must be received by the
Purchasing Department within five calendar days of the initial award posting date. The
protest is considered filed when it is received by the Purchasing Department.
Failure to file protest as outlined in the Palm Beach County Purchasing ordinance shall
constitute a waiver of proceedings under the referenced County Ordinance.
15. CERTI FICA TIONS,. LICENSES.AND PERMITS
Vendor must include with his bid a copy of all applicable Certificates of Competency issued
by the State of Florida or the Palm Beach County Construction Industry Licensing Board in the
name of the vendor shown on the bid proposal page.
7
It shall also be the responsibility of the vendor to submit, prior to commencement of work,
a current Occupational License for Palm Beach County and all permits required to complete
® this contractual service at no additional cost to Palm Beach County. In lieu of a Palm Beach
County Occupational License, non-residents regulated by the State of Florida Department Of
Professional Regulation may submit a copy of their State of Florida Department of
Professional Regulation License and a current Occupational License issued by the County or
City where their business is located.
16. CODES AND REGULATIONS
The vendor must strictly comply with Federal , State and local building and safety codes.
Equipment must meet all State and Federal Safety regulations for grounding of electrical
�4 �! equipment and for lockout/tagout processes.
Bidder certifies that all material , equipment, processes, etc. , contained in his bid meets
all O.S.H.A. , ANSI, NFPA and all other Federal and state requirements. Bidder further
certifies that, if he is the successful bidder, and the material, equipment, etc. , delivered
is subsequently found to be deficient in any of the aforementioned requirements in effect on
date of delivery, all costs necessary to bring the material, equipment, processes, etc., into
compliance shall be borne by the bidder.
q
17. COMPLIANCE WITN_THE FLORIDA TOXIC SUBSTANCE. STATUTE
In compliance with Chapter 442, Florida Statutes, any toxic substance resulting from this bid
must be accompanied by a Material Safety Data Sheet (MSDS) . The MSDS must include the
following information:
(a) The identity used on the chemical„u product's label . r
(b) The chemical and the common name(s) of all ingredients which have been determined to
t be a health hazard.
(c) Physical and chemical characteristics of the hazardous chemicals (i.e. , vapor pressure,
flash point) .
(d) The physical hazards of the hazardous chemical , includingthe
explosion and reactivity. Potential for fire,
(e) The health hazards of the hazardous chemical , including signs and symptoms of exposure.
(f) The primary route(s) of entry.
(g) The Occupational Safety and Health Administration (OSHA) permissible exposure limit,
American Conference of Governmental Industrial Hygienists (ACGIH) Threshold Limit
Value, and any other exposure limit used or recommended.
(h) Whether the hazardous chemical is listed in the National Toxicology Program (NTP)
Annual Report on Carcinogens (latest edition) or has been found to be a potential
carcinogen.
(i) Any generally applicable precautions for safe handling and use which are known.
(j) Any generally applicable control measures which are known. (e.g., ventilation point
source controls, etc.)
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(k) Emergency and First Aid procedures.
(1 ) The date of MSDS preparation or the last change to it.
(m) The name, address, and telephone number of the chemical manufacturer or importer.
(n) Any recommended personal protective equipment (i.e. gloves, goggles, respirators, etc. )
IS. INDEMNIFICATION
Contractor agrees to protect, save, defend, reimburse, indemnify and hold the COUNTY, itsagents, employees and elected officers and each of them, free and harmless at all times from
and against any and all claims, liability, expenses, losses, suits, costs, fines and damages
+ :wa (including attorney fees) and causes of action of every kind and character against or from
i ;. COUNTY by reason of any damage to property or the environment, or bodily injury (including
death) incurred or sustained by any party hereto, or of any party acquiring any interest
hereunder, and any third or other party whomsoever, or any governmental agency, arising out
j .. of or incident to or in connection with Contractor's 1 performance under this Agreement,
y Contractor's acts, omissions or operations hereunder, or the performance, non-performance or
.; purported performances of the Contractor or any breach of the terms of this Agreement;
provided, however, the Contractor shall not be responsible to COUNTY for damages resulting
p out of bodily injury or damages to property which Contractor can establish as being
attributable to the sole negligence of COUNTY, its respective agents, servants, employees or
c
officers.
This indemnification shall include, but not be limited to, suits, actions, or claims brought
because of any injuries or damage sustained by any person or property on account of the
Contractor's operations in connection with the Contract; or on account of or in consequence
;= of any neglect in constructing the work; or because of any act or omission by the Contractor;
or because of any claims or amounts recovered for any infringement of patent, trademark or
copyright; or from any claims or amounts arising or recovered under the Contractor under his
contract; as is considered necessary by the COUNTY, may be retained for the use of the
COUNTY, or in case no money is due, his surety shall be held until such suits, actions, or
r` claims for injuries or damages, as aforesaid, shall have been steeled and suitable evidence
to the effect furnished to the COUNTY.
Ga 19. PURCHASING AGREEMENTS WITH. OTNER GOVERNMENT AGENCIES ,.
All bidders submitting a response to this Invitation for Bid agree that such response
constitutes a bid to the Palm Beach County School Board and to all Political entities of Palm
Beach County, Florida, under the same conditions, for the same prices and the same effective
period as this bid, should the bidder feel it is in their best interest to do so.
This agreement in no way restricts or interferes with the right of any political entity of
Palm Beach County, Florida, to rebid any or all items.
20. SPECIAL_COBDITIONS
Any and all Special Conditions that may vary from these General Conditions shall have
precedence.
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21. QUALIFICATION OF BIDDERS
This bid shall be awarded only to responsive and responsible bidders, qualified to provide
the furniture required. Bidders shall submit the fallowing information with their bid:
A. Years of experience in this commodity area.
B. List, or "line card" listing furniture manufacturers represented by your firm.
C. List of references, including a contact name and telephone number, where your firm
has/had a similar contract.
22. AWARD
V The Board of County commissioners will award this contract to the lowest, responsive, ='
responsible bidders offering the highest single fixed percentage discount off current
manufacturers list price, on an item-by-item basis.
23. AUDIT
All items sold to Palm Beach County as a result of this bid award are subject to Post Sale
Audit Adjustment. In the event an audit indicates vendor has not honored quoted Price Lists
and Discounts, vendor will be liable for any and all overage charges.
i :
24. METHOD OF ORDERING_SPRICE AGREEMENT)
A price agreement shall be issued for the term of the award. The department(s) will order 4
requirement(s) on an "as needed" basis. All terms and conditions of this bid are applicable.
25. F.O..B._ POINT
The F.O.B. point shall be destination, and shall include: inside delivery, any assembly
required, and any required installation (except electrical) .
26. DELIVERY
Delivery time, after receipt of price agreement release, shall be as indicated on the bid
proposal page by manufacturer. ".
27. RIGHT.TO.TERMINATE
Palm Beach County reserves the right to terminate this contract without cause effective
30 days from date of written notice.
In the event that any of the provisions of the contract are violated by the successful
bidder, Palm Beach County may serve written notice upon such bidder of its intention to
immediately terminate the contract. Such notice is to state the reason(s) for such intention
to terminate the contract. The liability of the bidder for any and all such violation(s)
shall not be affected by any such termination and vendor surety, if any, shall be forfeited.
Provisions of Palm Beach County Purchasing Ordinance 90-25, Section IV (E) relating to
suspension and debarment may be applied.
28. AS SPECIFIED
A price agreement release will be issued to the successful bidder with the understanding that
all items delivered must meet the specifications herein. Items delivered not as specified
will be returned at no expense by Palm Beach County.
NOW
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29. ESTIMATED EXPENDITURES
The anticipated value of this 12 month contract is $710,000.00. . Palm Beach County reserves
the right to increase or decrease the anticipated value as necessary to meet actual
requirements.
30. NON-EXCLUSIVE
Bidder is advised that the amounts and quantities in this Invitation for Bid are estimates
only and that said estimates are no guarantee of the total annual award to be received by the
i successful bidder. The amounts and quantities referenced herein may only be relied on for
the purpose of preparing the bid. Additionally, Palm Beach County reserves the right to
award other contracts for goods and/or services falling within the scope of this agreement
when specifications differ from this agreement.
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i 31. EXTENSION '
The successful bidder shall be awarded a contract for 12 months with the option to renew the
contract for two additional 12 month periods. Option for renewal will only be exercised upon
mutual written agreement and with all original terms, conditions and unit prices adhered to
with no deviations. Any renewal will be subject to appropriation of funds by the Board of
County Commissioners.
32. MANUFACTURES LIST PRICES
Bidders shall submit, with their bid proposal , one current manufacturers list price schedule
for each manufacturer bid. Additional prices lists may be required during the price
j
agreement term.
t .
33. ASSEMBLY AND/OR PLACEMENT
Unless otherwise requested/required, all furniture must be completely assembled and/or
installed prior to acceptance by Palm Beach County.
34. WARRANTY
The successful bidder shall furnish factory warranty on all equipment furnished hereunder
+ " against defect in materials and/or workmanship. The factory warranty shall become effective
on the date of delivery and acceptance by Palm Beach County. Should any defect in materials
or workmanship, excepting ordinary wear and tear, appear during the above stated warranty
period, the successful bidder shall repair or replace same at no cost to Palm Beach County.
35. DEBRIS
Vendor shall be responsible for the prompt removal of all debris which is a result of this
contractual service.
36. PROTECTION_OF PROPERTY
The successful bidder shall at all times guard against damage or loss to the property of Palm
Beach County or of other vendors or contractors and shall be held responsible for replacing
or repairing any such loss or damage. Palm Beach County may withhold payment or make such
deductions as deemed necessary to insure reimbursement or replacement for loss or damage to
property through negligence of the successful bidder or his agents.
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37. INSURANCE REQUIRED
It shall be the responsibility of the successful bidder to provide evidence of the following
minimum amounts of insurance coverage:
Workers' Compensation and Employers' Liability coverage to apply to all employees for
Statutory Limits in compliance with applicable state and federal laws. Coverage must include
Employers' Liability with a minimum limit of $100,000 each accident; Business Auto Policy or
similar form shall have minimum limits of $300,000 Per Occurrence Combined Single Limit for
Bodily Injury and Property Damage Liability. This shall include, Owned, Hired and Non Owned
Vehicles.
Commercial General Liability or similar form, shall have minimum limits of
$300,000 Per Combined Single Limit for Personal Injury, Bodily Injury, and Pro ertY Damage
Liability. Coverage shall include Premises and/or Operations, Independent Contractors,
Products and/or Complete Operations, Contractual Liability and Broad Form Property Damage
Endorsements. Coverage for the hazards of explosion, collapse and underground property
i
damage (XCU) must also be included when applicable to the work to be performed.
A signed Certificate or Certificates of Insurance, evidencing that required insurance
coverage(s) has been procured by Contractor in the types and amount(s) required hereunder,
shall be transmitted to County prior to Contractor performing any operations under the terms
of the contract.
Except as to Workers' Compensation and Employers' Liability, said Certificate(s) shall
clearly state that coverage required by the Contract has been endorsed to include Palm Beach
County, a political subdivision of the State of Florida, its officers, agents and employees
] as Additional Insured. Required insurance shall support Contractor's agreement of indemnity
set forth in the Contract and shall so state in said Certificate. Further, said Certificate
of Insurance shall unequivocally;�;.. 9 Y provide thirty (30) days written notice to County prior to
any adverse change, cancellation or non-renewal of coverage thereunder. Said liability
.' insurance must be acceptable to and approved by County as to form and types of coverage. In
M- the event that the statutory liability of County is amended during the Term of this Agreement
y to exceed the above limits, Contractor shall be required, upon thirty (30) days written
r notice by County, to provide coverage at least equal to the amended statutory limit of
liability of County.
It shall be the responsibility of the contractor to insure that all subcontractors comply
with the same insurance requirements referenced above. '- ..J
38. MINORITSYJWOHEN BQSINESS .ENTERPRISE
PALM,BEACH COONTY_ORDINANCE NUMBER 91-34 .(B7D PREFERENCE ,
Item.l__.-_.Polite
It is the policy of the Board of County Commissioners of Palm Beach County, that Minorities
and Women Business Enterprises (M/WBE's), shall have the maximum practical opportunity to
participate in the competitive process of supplying goods and services to the County (Palm
Beach County Ordinance No. 91-34). This proposal is subject to the bid preference system to
maximize M/WBE participation.
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Item 2 - MBE/WBE Obligation
The bidder agrees to ensure that MBE/WBE firms as defined in ordinance 91-34 have the maximum
opportunity to participate in the performance of contracts and subcontracts. In this regard,
all bidders shall take all necessary and reasonable steps in accordance with Ordinance 91-34
to ensure that minority businesses have the maximum opportunity to compete for and perform
contracts. Bidders shall not discriminate on the basis of race, color, national origin or
sex.
Item 3 - Bid Compliance
All non certified bidders submit-ling a bid are required to submit with their proposal
appropriate M/WBE documentation if the proposer is proposing the use of M/WBE subcontractors. _
Schedules necessary to document M/WBE subcontractors for this purpose are schedules 1 and 2.
" A list of M/WBE subcontractors to be used, if applicable, on the subject contract shall be
submitted with each bid/proposal (Schedule 1, Participation of M/WBE contractors). For each
M/WBE firm that is listed on Schedule 1, "A Letter of Intent to Perform" Schedule 2) must be
submitted with the bid/proposal .
Item 4 - Contract Award Criteria
1
The contract award procedure for this solicitation will be under the bid preference system
to maximize M/WBE participation. The bid preference system pursuant to Ordinance 91-34
requires the award to be made to the bidder who includes the highest M/WBE utilization as
long as that bid does not exceed the low bid by the following percentage:
10% of the lowest Bid/Quote between $ -0- - $ 19,999
y@r°• 9% of the lowest Bid/Quote between $ 20,000 - $ 39,999
JS`3r' 8% of the lowest Bid/Quote between $ 40,000 - $ 59,999
7% of the lowest Bid/Quote between $ 60,000 - $ 79,999
6% of the lowest Bid/Quote between $ 80,000 - $ 99,999
5% of the lowest Bid/Quote between $100,000 - $200,000
Item 5 - Subcontract Clauses
All bidders and potential bidders hereby assure that'they will include the above clauses in
1>' all subcontracts which offer further subcontracting opportunities. r
kC: Item 6 - Additional_Terms_and.Conditions
, _..J
A. M/WBE Participation
This project is subject to the bid preference system established under the Minority
Business Ordinance 91-34 to maximize M/WBE participation.
B. M/WBE Substitutions
All bidders shall make a good faith effort to replace a certified M/WBE subcontractor
that is unable or unwilling to perform successfully with another certified M/WBE
subcontractor, maintaining or exceeding the original participation percentage. The
User Department and the office of Equal Opportunity shall approve all substitutions.
After the contract is awarded, the successful contractor may request substitution for
subcontractors who are unwilling or unable to perform in accordance with the contract.
Price alone is not a sufficient ground to request substitution.
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C. M/WBE Suppliers
All bidders may count. sixty (60) percent of their expenditures to M/WBE suppliers that
are not manufacturers, provided that M/WBE supplier(s) perform a commercially useful
function in the supply process.
A M/WBE is considered to perform a commercially useful function when it is responsible
for execution of a distinct element of work of a contract and carrying out its
responsibilities by actually performing, managing and supervising the work involved.
For the purpose of calculating the percentage rate of participation by M/WBE(s) , those
bidders using the service of M/WBE firms as brokers for the purpose of supplying
(t materials or labor shall be allowed zero (0) credit toward meeting any contract goal
,. > (obligation). The term "broker" is defined as: A buyer and seller of goods or
negotiator between buyer and seller, but without having custody of the property.
D. Contract Award Criteria
Only firms utilizing certified M/WBE's shall be eligible to receive bid preference.
1. Subject to provisions of Item 3, only certified M/WBE's will be considered
eligible to receive bid preference. If bidders are proposing to utilize "
Certified M/WBE subcontractors; the following below listed forms are necessary.
Schedules 1 and 2 must be submitted with the bid to document the use of certified
M/WBE's. They are as follows:
For Those-Proposing, to Utilize M/WBE.Bidders/Proposers_ f
A. Schedule 1 - List of Proposed certified M/WBE subcontractor; and
B. Schedule 2 - A Letter of Intent to perform as a minority and/or woman
subcontractor. A bidder failing to submit this with the bid shall be
considered ineligible to receive a bid preference. (Forms are to be
supplied with the bid documents)
Bidders Not Utilizing H/WBE Subcontractors
The utilization of M/WBE subcontractors is not a requirement established in the
bid preference system.
_...J
Only firms who are certified at bid opening date will be credited towards the bid
preference.
E. Bid Preference System
A bid preference is hereby established. Award will be made to the bidder who includes
the highest M/WBE utilization as long as the bid does not exceed the low bid by the
following percentage:
10% of the lowest Bid/Quote between $ -0- - $ 19,999
9% of the lowest Bid/Quote between $ 20,000 - $ 39,999
8% of the lowest Bid/Quote between $ 40,000 - $ 59,999
78 of the lowest Bid/Quote between $ 60,000 - $ 79,999
6% of the lowest Bid/Quote between $ 80,000 - $ 99,999
5% of the lowest Bid/Quote between $100,000 - $200,000
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.ITEM 7 - Reporting Requirements
w The successful contractor shall establish, maintain and submit regular reports, as required,
which will identify and assess progress in achieving M/WBE subcontract goals.
Progress reports shall be submitted with each payment application. Failure to provide the
progress reports may result in a delay in processing payment or disapproval of the invoice
until the progress report is submitted.
ITEM .8 - Certification
Businesses/Contractors seeking to participate as a M/WBE must be certified. Contact the
r� M/WBE Coordinator in the Office of Equal Opportunity Department (407) 355-4883 for
kk verification or assistance.
Any bidder/proposer submitting a MBE or WEE who has been decertified after the bid/proposal
submittal or prior to the award of the contract will be given ten (10) calendar days to
attain the M/WBE participation or make a showing that good faith efforts has been exercised
in an attempt to acquire M/WBE participation. After the contract is awarded, the contractor
_ may request to add additional certified M/WBEs to increase the participation percentage.
• IT TARES.UP, TO_SIXTY_(60) DAYS TO RECOHE_CERTIFIED_ASA_MEE.,OR__WEE WITH..PALM. BEACH COUNTY_,
PALM._BEACH. 000NTY,WILL.ACCEPT CERTIFICATION FROH TRE.DEPABTHER. OF OHNERAL SERVICES OF THE r
STATE OF FLORIDA.4n Decertification
As part of the consideration for bid award under the bid preference system, any firm/proposer
decertified by Palm Beach County will be ineligible to receive bid preference.
v� .
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SPECIFICATIONS
BID #93-316/MH
I. GENERAL
A. The sole purpose and intent of this Invitation for Bid, is to secure a firm,
fixed, single discount from current manufacturers list prices, and establish a
price agreement for the purchase of office furniture to meet the requirements of
the County departments.
B. The term of this price agreement shall be for twelve months from the award date,
and shall also contain a renewal option for two additional twelve month terms.
II. MANUFACTURERS REFERENCED +
The manufacturers listed, represents the most commonly requested to match existing
furniture. Additionally, vendors may offer other lines represented, utilizing the same
terms and conditions, by filling in the extra spaces provided.
III. MUNICIPAL/SCHOOL BOARD/STATE CONTRACTS
Palm Beach County reserves the right to utilized other Municipal , School Board, and
State contracts if discount. on a manufacturer's product is greater than discount offer
in this Invitation for Bid.
15.
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CITY OF DANIA
INTEROFFICE MEMORANDUM
TO: ROBERT FL4TLEY, CITY MANAGER
FROM: MARIE JABALEE, FINANCE DIRECTOR/ "a
Q . " RE: FIRE PROTECTION SERVICES
DATE: MAY 10, 1995
As a follow-up to our May 1st meeting with Mr. Phillip Allen, Broward County Finance r
Director, attached are agreements in accordance with the terms discussed.
As Mr. Allen points out, the City entered into a 5-year agreement with Broward County
for fire protection in certain annexed areas, on January 2, 1990. The City made
" payments to the County on a calendar year basis per the agreement as follows:
1990 $181,108.82
1991 453,923.68
1992 500,663.28
1993 519,582.84
The amount due for 1994 per the attached invoice is $547,046.80. On September 30,
1994 the City and County entered into a mutual agreement terminating the Interlocal
between City & County providing for fire services on December 31, 1994 and agreeing
to pay for the services received during calendar year 1994.
No funds were budgeted for this item for FY 94/95. As a result of this, we were unable
to pay the 1994 invoice.
According to the proposed agreement, the City would make the final payment of
$547,046.80 plus 6% per annum interest accruing from March 26, 1995. Interest for
this eight month period would be approximately $22,000.
7.
Finance and Administrative Services Department
BROWARD COUNTY 115 S.Andrews Avenue, Room 121
Fort Lauderdale FL 33301
(305)357-7130. FAX(305)357-7134
May 5, 1995
Mr. Robert Flatley
City Manager
City of Dania
100 West Dania Beach Blvd.
Dania, Florida 33004
i•
r Dear Bob:
o-
Thank you for meeting with me on Monday, May 1st, to discuss the
Q , past due payment from Dania for Fire Protection Services.
`. Attached please find two original Agreements which should serve to
address the issue in accordance with the conceptual terms we
a, discussed. As agreed the payment is to be deferred to December 1st
when the city will be in receipt of new year ad valorem taxes.
� uytF Interest will accrue at the rate of 6% from March 26th to December
1, 1995. We will issue you a new invoice incorporating the -
,�fr,;e interest payment fifteen days prior to December 1st.
Please advise me if you have any remaining concerns. i understand
i You will submit this contract for a y� approval of the City Commission
this month. With your city Is approval and return of the contracts
LY. to my office, I will submit for approval of the Board of County
rt Commissioners and will return a full executed co to Y copy your office.
{ Thank you for your cooperation in this matter.
i
Sincere ,
r.
Phi lip C. Allen, Director
w, Finance and Administrative Services Department
PCA/vc
. u�a.nlsmn.crop
BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS-An Equal Opportunity Employer and Provlair of Samices
scoh I.Cowan Suzanne N.Gunzaurger John P.Hc^ Lon Nonce Pomm Svlvlo POliler John E.Roawom.Jr. Gerold F IDomOson
Ws'n Hulloing A FuN Far Your F&MIFY.Ana Your Buslnisi.
1j
Agreement
Between
BROWAR.D COUNTY
and
THE CITY OF D NIA '
t Relating to
Payment for the Provision of Fire
Protection in Certain Annexed Areas of the City
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of
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Agreement
Between
BROWARD COUNTY
and
THE CITY OF DANIA
Relating to
Payment for the Provision of Fire
Protection in Certain AnneX29 Areas of the City
T
This Agreement is made by and between BROWARD COUNTY, a
i political subdivision of the State of Florida (hereinafter called
"COUNTY") , and CITY OF DANIA, a municipal corporation of the State e�
of Florida (hereinafter called "CITY") .
� a
i WHEREAS, COUNTY and CITY entered into an Interlocal Agreement
dated January 2, 1990, providing for COUNTY to provide fire
., protection services in certain annexed areas of CITY; and
{y: S
WHEREAS, on December 5, 1994, COUNTY and CITY entered into a
Mutual Termination Agreement providing for an earlier termination
date of December 31, 1994, not December 31, 1995, as was referenced
in the Interlocal Agreement; and
WHEREAS, the Interlocal Agreement and Mutual Termination
Agreement providing for CITY to make annual payments to COUNTY for
the provision of fire protection services was silent as to when
f' said payments were due COUNTY; and
WHEREAS, CITY and COUNTY desire to enter into this Agreement
to set forth the parties mutual understanding and agreement that
i CITY shall make final payment to THEREFORE, COUNTY on December 1, 1995; NOW,
IN CONSIDERATION of the mutual covenants, promises, terms and
conditions set forth herein,follows: COUNTY and CITY do hereby agree as
1. The above recitals are true and correct and are incorporated
herein as if set forth in full herein.
2. COUNTY and CITY acknowledge and agree that CITY shall make
final payment to COUNTY for the provision of fire protection
services rendered by COUNTY during calendar year 1994 on
December 1, 1995.
3 . CITY and COUNTY agree that the final payment due COUNTY on
December 1, 1995 shall be Five Hundred Forty-seven Thousand
_f>x ti
n
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0
i
Forty-six Dollars and Eighty Cents ($547, 046.80) plus interest
at the rate of Six Percent (6%) per annum accruing after March
26, 1995.
s '
4. COUNTY shall furnish CITY's City Manager with an invoice for
ithe provision of said fire protection services at least
fifteen (15) days prior to the December 1, 1995 payment due
date.
IN WITNESS WHEREOF, the parties have made and executed this
Agreement on the respective dates under each signature: BROWARD
COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and
through its Chair or Vice Chair, authorized to execute same by
Board action on the day of
}� _. • 19 , and the CITY OF DANIA, signing by and through its Mayor,
duly authorized to execute same.
COUNTY
I ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and B
• Y
Ex-Officio Clerk of Chair
the Board of County
Commissioners of Broward
County, Florida day of , 19
Approved as to form by
Office of County Attorney
Broward County, Florida
JOHN J. COPELAN, JR. , County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
� f Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
Telecopier: (305) 357-7641
5t
By
PATRICE M. EICHEN
Assistant County Attorney
...., l
-
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tiF1
AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA RELATING TO THE
PAYMENT FOR FIRE PROTECTION IN CERTAIN ANNEXED AREAS OF THE CITY
CITY
ATTEST: CITY OF DANIA, FLORIDA
By
City Clerk Mayor
r`=
day of , 19_
(CORPORATE SEAL)
i
i
APPROVED AS TO FORM:
�i
't By
City Attorney
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PHE:vis
da iafir.A01
S/3/9S
09S-69.01
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Pc t It F.IiF '-�
pC,.? arv,.r Co.
rrorcx
Mrnos�a'�O^U%•.Z.7 rss a (/
-- SRF Lows 41 Graa!Finding SpeoW64
703 601b Strcct Court East,Suite A,tiradc0110r4 Florida 34209
(813)'7484700 • 748-S503 • FAX(813)749-7343
April21, 1995
Mr. Albert C.Jones,Commissioner
City ofDania
100.West Dania Beach Boulevard
Dania,Florida 33004 a-
Dear Commissioner Jones:
J enjoyed our discussion at the FDEP Workshop. Per your request,we are forwarding
information on Minority Business Enterprises and Women Business Enterprises
(MBE/WBE)requirements that have been established by a city in the central Florida area.
These requirements were established by the city to ensure participation and may assist
your community in establishing a MBE/WBE policy.
hIf we can provide any further assistance or clarification,please contact us at the above
number or address.
$ln elyr
u/
' R B ewer
Grant and Loan Specialist
j Enclosures
4
APP.-26-1995 15:54 P.01 Y.
14
11. Tnxt�.�
THE CITY OF SARASOTA DOES NUT PAY FLUCRAL LXCI5B AND 5T'A:m rAXCS ON DIRECT PURCHASES OF TANGIBLE
PERSONAL PROPERTY 'TIIE EXEMPI(lIN NUN(RER WILL BE PROVIDM UN 'HE'VENDORS" COPY OF PURCIIASE
ORDER. THIS EXEMPTION DOES NOT APPLY TO TANGIDLE PERSONAL PROPERTY PURCHASED BY CONTRACTORS
FOR IIIE1R USE IN THE PERFORMANCE OF THIS CONTRACT.
12. RTLHS SCTRMTT'T'RT) BY AT)VISORY ROARD WMIEWRS
SECTION 112,313(7),FLORIDA STATUTES 0939),PROHIBITS A CITY OF SARASOTA ADVISORY BOARD MEMBER FROM
HOLDING ANY EMPLOYMENT OR CONTRACTUAL RELATIONSHIP WITH ANY BUSINESS ENTITY WHICH IS DOING
BUSINESS WITH THE CITY.
SECTION 112.313(12),RORIDA STATUTES(1"9),PROVIDES THATAN ADVISORY BOARD MEMBER WILL NOT BE IN
VIOLATION OF THE PROHIBITION IN SECTION 112.313(7),FLORIDA STATUTES(1939).IF:
1. THE SIDIS AWARDED UNDER A SYSTEM OFSEALED,COMPETITIVE BIDDINOTO THELOWsSTOR
17 BESTBIDDER. IN ADDITION,THE ADVISORY BOARD MEMBER SHALL,PRIORTO ORAT THE TLIIE < -
r„ OF THE SUBMISSIONS OF THE BID,FILE A STATEMENT WITH THE SUPERVISOR OF ELECTIONS OF
SARASOTA COUNTY,DISCLOSING]ITS INTER1iSTAND 771E NATURE OF TIIE INTENDED BUSINESS.
THE FORM WHICH SHALL 06 USED IS EN7TTLED'FORM 3A INTEREST IN COMPETITIVE BID FOR
PUBLIC BUSINESS,' A COPY OF WHICH IS AVAILABLE FROM THE CITY.$ DEPARTMENT OF
GENERAL SERVICES AND PURCHASING.
2. THD ADVISORY BOARD MEMBER, HIS SPOUSE OR CHILD SHALL HAVE IN NO WAY USED OR
ATTEMPTED TO USE HIS INFLUENCE TO PERSUADE TIRE CITY OR ANY OF I13 AGENTS OR
^^ EMPLOYEES TO ENTER INTO SUCH A CONTRACT OTHER THAN BYTHEMEIESUBMOSIONOPTHE
i . BID PROPOSAL
- 9. THE ADVISORY BOARD MEMBER,HIS SPOUSE OR CHILD SHALL HAVE IN NO WAY pAR77CIPAT0D
IN THE DETERMINATION OF THE CONTRACT DOCUMENTS OR THE DETERMINATION OF TIIE
LOWEST OR BEST BIDDER.
ALL OF THE THREE ABOVE CONDITIONS SHALL DE SATISFIED IN ACCORDANCE WITH THE FLORIDA STATUTES,
TIE FILING OF THE DISCLOSURE FORM WITH THE SUPERVISOR OF ELECTIONS IS THE SOLE RFSPONSIBILRY OF
THE BIDDER. A COPY OF THE COMPLETED DISCLOSURE FORM SHALL BE SUBMITTED TO THE CHY DIRECTOR OP
T y-" GMiERAL SERVICES PRIOR TO OR AT THE TIME OF SUBMISSION OF THE BID PROPOSAL FAILURE OF THE BIDDER
TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH MAY RESULT IN THE REIECTION OF THE BID PROPOSAL
'li Y:'"Ij61
MINORITY B INES4 FN TL DPRrcc nnr rry
it
�• THD CITY COMMISSION HAS ESTABLISHED AMINORITY BUSINESS ENTERPRISE(M.B.EJ UTILIZATION PLAN
I WHEREBY TIIE CITY WILL ASSIST IN TIIE DEVELOPMENT OF OPPORTUNMES FOR M.B.E.`S THROUGH THE USE OP
. CONWODITIES,GOODS AND SERVICES OBTAINABLE FROM M.S.E.'S,IN CONJUNCTION WITH THBAWARD OF THIS -
CONTRACT. ETCH BIDDER SHAH UNDERTAKE TO ACHIEVE A GOAL TO PLACE TEN PERCENT(10%)OFTHE TOTAL
f ± AMOUNT DID WITH ONE ORMOREM.B.B,'S,INCLUDING SUPPLIERS OFMATER(AM GOODS AS WELLAS SERVICES,
_ THE BIDDERS SHALL DOCUMENT AND INCLUDE WITH THEIR BID PROPOSALS THE PULL NAME AND ADDRESS OF -J
THE M.B.B.'S, ALONG WITH A DESCRIPTION OF THE SERVICES, SUI'PLIFiS, MATERIALS OR GOODS AND THE
ALLOCATION OF THE COST OF THE SAME AS IT RELATES TO EACH M.B.E. UTILIZED. CHANGES FROM THOSE'. M.B.E.'S SUBMITTED WITH THE BID PROPOSAL WILL BE SUBJECT TO TIE APPROVAL OF THD CITY.
E. THE FOLLOWING WORDS AND TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. SMALL BUSINESS MEANS AN INDEPENDENTLY OWNED AND OPERATED BUSINESS CON
(fRN
WHICH EMPLOYS 25 OR FEWER PERMANENT FULLfiBME E'MPL.OYEES,AND W711CH HAS A NET
WORTH OF NOT MORE THAN$I MILLION.
1 ,
GINS
PPR-26-1995 15:55
P.02
gR .: �:7.Iktr v+ryl
B T, hUNo RITY BUSINESS EPTFTRMUSE MEANS ANY SMALL BUSINESS CONCIALN, AS DEFINED UJ
SUBSECTION (I)ABOVE, NVIUCH IS ORGANIZED TO ENGAGE IN CO}LMERCIAL TRNJSACTIONS,
WHICH IS DOMICILED IN FLORIDA,WHICH IS AT LEAST FIFTY ONE I'ERCLNT(51%)OWNED BY
MINORITY PERSONS, N9IOSE MANAGEMENT AND DAILY OPERATIONS ARE CONTROLLED BY
SUCH PERSONS AND WHICH HAS BEEN CERTIFIED BY THE CITY. A MINORITY BUSINESS
ENTERPRISE MAY BE RELATED TO THE PRACTICE OF A PROFESSION. ANY SMALL BUSINESS
CERTmCD AS A MINORITY BUSINESS ENTERPRISE BY THE DEPARTMENT OF OENERAL SERVICES
OF THE STATE OF FLORIDA SHALL BE PRESUMED TO MEET THE REQUIREMENTS OF THIS
SUBSECTION.
3. MINORITY PERSON MEANS A LAWFUL,PERMANENT RESIDENT OF FLORIDA WHO 15;
�. A BLACK AMEIUCAN, A PERSON HAVING ORIGINS IN ANY OF THE BLACK RACIAL
GROUPS OF AFRICA;
b. AN HISPANIC AMERICAN, A PERSON OF SPANISH OR PORTUGUESE CULTURE WITH
• ORIGINS IN MEXICO. SOUTH AMERICA, CENTRAL AMERICA, OR THE CARIBBEAN,
REGARDLESS OF RACE.;
AN ASIAN AMERICAN,A PERSON HAVING ORIGINS IN ANY OF THE ORIGINAL PEOPLES :>.._.
OF TILE FAR EAST,SOUTHEAST ASIA,THE INDIAN SUBCONTINENT, OR THE PACIFIC
ISLANDS;
d. A NATIVE AMERICAN, A PERSON WHO U A MEMBER OF OR IS ELIGIBLE TO LID A
MEMBER OF,A FEDERALLY RECOGNIZED INDIAN TRIBE. A'FEDERALLY RECOGNIZED
? - IND"TRIBE'SHALL MEAN AN INDIAN TRIBE,BAND,NATION,RANCHLRIA,PUEBLO,
COLONY, OR OTHER ORGANIZED GROUP OR COMMUNITY, INCLUDING ANY ALASKA
NATIVE VILLAGE,WHICH IS RECOGNIZED BY THE SECRETARY OF THE INTERIOR ON
OCTOBER 1, 1955,AS HAVING SPECIAL RIGHTS AND 15 RECOGNIZED AS ELIGIBLE FOR
THE SERVICE PROVIDED BY THE UNITED STATES TO INDIANS BECAUSE OP THEIR
STATUS ASINDIANS,AND ANY TRIBE THAT HAS A PENDING APPLICATION FOR FEDERAL
RECOGNITION ON OCTOBER 1, IRS;
a A NATIVE HAWAIIAN, A PERSON ANY OF WHOSE ANCESTORS WERE NATIVB OF THE
AREA WHICH CONSISTS OF THE HAWARAN ISLANDS PRIOR TO 1771;
bbk
T. AN AMF.RICAN WOMAN;
4 g. A PHYSICALLY DISABLED PERSON, A PERSON WHO HAS A PHYSICAL IMPAIRMENT,
DEFECT.DISFASfi,AILMENT,OR DISABILITY OF A PERMANENT NATURE WHICH IN ANY
rc' WAY LIMITS THE TYPE OF EMPLOYMENT FOR WHICH THE PERSON WOULD OTHERWISE
..
-E. DISQUALIFIED. 5
[7tY�
o. IF A BIDDER DOLS NOT PLACE TEN PERCENT(10%)OF THE TOTAL AMOUNT BID WITH A M.B.B.,THE
Gl BIDDER SHALL JUSTIFY,IN WRITING AS PART OF HIS BID PROPOSAL,THE REASONS WIRY TIM CONTRACTOR WAS ,2
key UNABLE TO MC•L•TTHE M•B.E.PARTICIPATION GOAL ADEQUATE HUSTIFICATIONMAY INCLUDETHE BIDDERREINO
.. UNABLE TO FIND A M.R.E.POSS3SSINO THE REQUIRED EXPERIENCE OR LICENSING IN ORDER TO PROVIDE THE
NECESSARY SUBCONTRACTOR OR MATERIALMAN'S SERVICES OR THE BIDDER'S INABILITY TO FIND ANY M.B.&
WITHIN A SPECIFIC TRADE OR BUSINESS.
ANY BIDDER WHO FAILS TO COMPLY WITH THE REQUIREMENTS OF THIS M.B.E.UTILIZATION PLAN SHALL HAVE
1119 DID PROPOSAL DECLARED NONRFSPONSIV&
SHOULD ANY BIDDER WHO IS AWARDED THIS CONTRACT FALSELY REPRESENT TO TIIE CITY THAT IT HAS
COMPLIED WITH THE REQUIREMENTS OF TINS PLAN, AND IF IT LS SUBSEQUENTLY DETERMINED BY THE CITY
LLLYAOFRTHAT SAID CONTRACTOR HAS NOT COMPLIED WITH THIS PLAN,AS REPRESENTED,THE CITY MANAGER
MAY TERMINATE THE SUBJECT CONTRACT UNDER THE.PROVISIONS OF THB CONTRACT REIATING TO A PREACH
OF CONTRACT BY THE CONTRACTOR. ALTERNATIVELY,THE CITY MANAGER MAY ELECT TO FULFI LTIMTERMS
OF THE CONTRACT BUT REFUSE TO ACCEPT FUTURE BIDS FROM THB CONTRACTOR ON THE BASIS THAT THE
CONTRACTOR IS NOT A RESPONSIBLE CONTRACTOR FOR CITY OF SARASOTA BIDDING PURPOSES,
i
GP-6
RPR-26-1955 1S SE P.03
gip.; ��.. _.� � �. .. �� ��.�_ __ ••. �
w'P l4. �A�V A)LD OF C'T)1i'I'R
ITT
A WARU OF CONTRACT,I F Af.ADE,WILL HE TO TI IE LO WEST RUSI'ONSIBLE BIDDER. IN REVIEWING BID PROPOSALS
SUBAiITTGD, 771E uTv AIANnGER SHALL TARE. INTO GONSIDF:RA710N, WIZEN DETERNIININO THE LOWEST
RESPONSIBLE BIDDER. THE EXTENT OF COMPLIANCE BY EACH BIDDER WITH THE REIININ fENE OF 711E
U? MINORITY BUSINESS ENTERPRISE UTILIZATION PLAN, A OtDDER w1i0 HAS SEEN ABLE RE PLACE THE LARGEST
PROPORTION OF THE WORK WITH M.D.E,'S, UP TO TEN PERCENT(10%)OF TIIE TOTAL AMOUNT BID, MAY B8
DErMEDTIIE MOST RESPONSIBLE BIDDER AND MAY BE A WARDED THIS CONTRACT,ALTNOUGII NOT THE LOWEST
BIDDER IN TERMS OF THE TOTAL AMOUNT BID,$O LONG AS THAT 131D DOES NOT EXCEED Two pERCENT(2%)OR
$5,000,WHICHEVER IS LESS,OF THE TOTAL AMOUNT DID BY THE LOWEST RESpOMjgLp BIDDER.
IAS N RESPECITO TIIE BIDS,THE CITYMANAGR SHALL MANE SUCH RECOMMENDATIONS TO THE CIPY COMMLgS10N
OMMISSfON SHALL EITHER MECTB EARLIEST ALL BIDS, AC THE 0 plTICALBLZ p pNTNE LOWEST RESPONSIBLE
EXCEEDS 9IDDER,CITY
EXCEEDP.RTLSE THE PROTECT FOR NEW BIDS. IN TIIE EVENT THg LOWEST RESPONSIBLE BID FOR A DM OR
THE BID
DS T CR.IN THE , FUNDS,THE CITY MANAGER,OR HIS THE L W MAY NE ..
THE TOTAL E, TOFf THE OF CHANCE ORDER,WIIH It HIAWEgT RESPONSIBLE OTIATE 1N OROFMW BRING ..
TND TOTAL COST OF THE PROJECT WITHIN THE AMOUNT OF LOWEST PONDS.
4 :U
f`p THE CITY COMMISSION MAY REJECT ALL BID PROPOSALS FOR ANY REASON WIIA
COMMISSION MAY REJECT ONE OR MORE BIDS,BUT LESS THAN OR r ANY
UNDER WH TS B OR MORE E CITY
FOLLOWING CIRCUMSTANCES; ONE ORR. OF
CRY
1• WHEN THE CITY HAS EVIDENCE OF COLLUSION BETWEEN BIDDERSI
2. WHEN ANY BIDDER HAS AN INTEREST IN MORE THAN ONE BID ) i
�. PROPOSAL SUBMITTED FOR THE SAME WORK;
3• WHEN THE CITY DETERMINES THAT THE RID PROPOSAL IS NOT
RESPONSIVE ACCORDING TO THE BID SPECIFICATION;
4• WHEN THE CITY CO
IS NOT A RESPONSIBLLEHBIDI ON DER.DETERMINES THAT A BIDDER
�'s• IDFIVTACAL T F $m
,, WHENEVER TWO OR MORE BID PROPOSALS WHICH ARE EQUAL WITH RESPECT TO PRIC
A$ ARE RECEIVED BY THE CRY, A 81D PROPOSAL RECEIVED FROM A BUSINESS THHAT
6,QUALITY,AND SERVICE
+ DdPLFMENIPp A UHUO FIfFy WORKPLACy PROGRAM SHALL D8 O1VEN CERTIFIES THAT IT HAS
HAVE DHEDPROCEDURESFORPROCFSSINO TIE SLOS WILL BE FOLLOWED 1F NONDORALL OFTHB711D)BIDpBRB
PREFIa2ENC8 IN THE AWARD PROCESS.
., HAVE A DRUQFRER WORKpIACE 1'ROGRAAI. 1N ORDER 7O HAVE A DRUOOFREB
::. BUSINESS SHALL: WORKPLACE PROGRAM,A
'. • W
n 5, I• PUBLISH A STATEMENT NOTIFYING EMPLOYEES THAT THE UNLAWFUL
i re DISTRIBLTRON,DISPENSING,POSSBSSION,OR U960FACONTROI.LFUN MANUFACIURD,
f IN THE WORKPLACE AND SPECIFYING THE ACTIONS THAT WILLBETABENAO,AINSTFAIP[AYEPS
FOR VIOLATIO%OF SUCH PROHIBITION.
THB STATEMENT S �:. . .. . J...v,.,� HALL ADDITIONALLY NOTIFY 7TIS L•MPLOY TES THAT.AS A CONDITION OF
WORKING ON THE BIDECOM By
OR IS
SERVICES FOR THIS PROJECT THE
ri.:.. FMIMAYE6 SHALL ABIDE BY Tll6 TERM OF THE STAT
EMENT AND SFIAIy NOTIP4 TH8
APR-2E-1995 15:57
P.(34
9
i
CITY OF DANIA
INTEROFFICE MEMORANDUM
Date: May 16, 1995
To: Robert F. Flatley, City Manager
v
From: Michael W. Smith, Director Personnel/Community Development
SUBJECT: SDBE PROGRAM
I have reviewed the MBE program which has been implemented in the City of Sarasota and spoke with
a representative in the City Department of General Services. This program has specific goals (10%)
and the failure of a bidder to comply with the terms of the MBE program can result in the rejection of
the bid. The program has been successful averaging 17% MBE participation over the three years the
program has been in existence. However, in implementing the program a disparity study was not
completed which leaves the City open to legal challenge, although no one has sued the City to date
! t , over the terms of the program. The goals and sanctions indicated above are clearly in conflict with the
Richmond decision rendered by the US Supreme Court in the absence of a disparity study.
Secondly, the attached invitation from the City of Hollywood to participate in a disparity study appears
to be an effective method whereby several cities can share the cost of conductingthis
type of study. <
The county, school board , port and North Broward Hospital District took a similar approach in
implementing their programs. Depending on the cost allocation to our City ,this could offer a feasible r
454:1.
t, solution to the high cost of conducting a study, if it is the will of the Commission to implement a
stronger SDBE program.
G\
1 Y''
4'y
- \\` CITY of HOLLYWOOD FLORIDA
Samuel A. F.-t (305) 921-3201
City
May 12, 1995
Mr. Robert Flatley, City Manager
City of Dania
100 W. Beach Boulevard
Dania, FL 33004
Dear Mr. Flatley: r
You are perhaps familiar with the United States Supreme Court ruling in the
Richmond v. Croson case and its ramification on programs geared for women and
minority businesses. The effect of the ruling requires that state and local governments, t
committed to allocating contracts through preference programs for minority/women
business enterprises (M/WBE), meet the Court's strict scrutiny standards through a study,
x
which determines the M/WBE entrepreneurial pool and the local entity's pattern of M/WBE
utilization.
f ? We are presently in the process of determining whether the City of Hollywood
be contracting a "parity study" to better address participation of M/WBEs in City ont actsl
Since cost is a major factor, a multi-jurisdictional study may be the best approach for all
involved. Particularly since we purchase the same types of goods and services, and draw
from the same pool of M/WBEs.
In that regard, we are first requesting that you assign a representative from your
jurisdiction to attend a meeting to explore a possible partnership. This meeting will be
held on Wednesday, May 31, 1995, at 2:00 p.m., in City Hall, 4th Floor City Manager
( Conference Room. Secondly, we encourage you to consider participating in an M/WBE
I Parity Study. Ms. Guithele Ruiz, Director for the Office of Equal Opportunity &Affirmative
n Action will follow up with your office to confirm your City's attendance.
I have enclosed a recent report prepared by Ms. Ruiz, detailing the court's
requirements and the rationale for such studies.
The changes in the City's demographics require measures that foster and facilitate
the success of evolving M/WBEs. In light of continued growth, we must posture
ourselves to actively address the unique needs of M/WBEs. We invite you to partake in
this endeavor and look forward to your participation.
OFFICE OF-':{_�:;-, MANAGER /2(AM)I Iullyw«N UIvd. /I'.O.Ilia 229045 /1 Iully,v,ani.Flonda 33022.a043/ Fax(303)921-3314
"An Ellual Oppurt unit) and Service 1•ruv idcr Agency"
M
Mr. Robert Flatley, City Manager
City of Dania
Page 2
Please do not hesitate to contact us if you have any questions.
IY.
Samuel A. Finz
Enclosures
c: Mayor & Commissioners
Assistant City Manager
Director, Equal Opportunity & Affirmative Action
i
Q.P.inlooub.7n
Y
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A
ti
I P:':
O
CITY OF HOLLYWOOD, FLORIDA
INTER-OFFICE MEMORANDUM
DATE: April 14, 1995 FILE#:AA-95-59
TO: City Manager
FROM: Director, Office of Equal Opportunity & Affirmative Action
SUBJECT: Disparity Study Feasibility & Cost Analysis
ISSUE:
At the City's March 15, 1995 Commission meeting, we advised the Commission that
more information pertaining to a disparity study and cost analysis would be provided.
This report responds to their request.
i
BACKGROUND:
Historical records indicate that programs designed to enhance minority business
development are relatively recent. In 1969, the late President Richard M. Nixon
established the nation's first minority enterprise development program. Since that '
=v time, state and local governments: presidents, governors, and mayors; private sector
leaders, chief executive officers, business persons, as well as community leaders have
encouraged the creation of minority business enterprise programs whose mission is to
promote and foster the participation of M/WBEs in the American marketplace. While
a; addressing societal and business hindrances experienced by these firms, programs
were designed as a comprehensive approach to create healthy neighborhoods,
decrease the unemployment rate and further economic development.
EXPLANATION:
From the 1989 case -- City of Richmond v. J.A. Croson -- arose the enactment of
an ordinance by the Richmond, Va. city council in 1983 to establish a five-year
program, requiring contractors awarded construction contracts by the City to
subcontract at least 30% of the dollar amount to minority businesses. The City
established the set-aside requirement after finding that, in a city with a 50% African-
American population, J.A. Croson considered only 0.67% of a contract he bid on to
minority businesses. Due to the lack of a waiver mechanism and a "narrowly
tailored" program, the Supreme Court struck down the Richmond Plan in an opinion
authored by Justice Sandra Day O'Conor. At the heart of the decision is the court's
application of the "strict scrutiny" standard to review state and local laws which create
ti
`1
race-based preference and other set aside requirements. In applying this new rule in
the Richmond case, the court set out a number of restrictions on affirmative action and
other race-based preferences. Before taking action in favor of a minority group, a
local government must establish a well-documented record of past or present
discriminatory practices in the "local" community against qualified minorities.
Moreover, the remedy must be "narrowly tailored."
Since then, state and local jurisdictions have approached the challenge placed by the
courts through disparities studies to ensure continued commitment to the
development of minority and women business. In that regard, in order for the City of
IV Hollywood to establish and provide a historical and statistical basis for its M/WBE
I ' = program, consistent with constitutional requirements, a study is required to research
the following:
' Legal considerations
' The history of Hollywood's purchasing practices
* Historyof Hollywood's contracting and procurement activities with M/WBEs r
' A review of similar programs through the County and the state
* Demographic business data
* Availability of M/WBEs
' Projections of contracts and procurement opportunities
* Methodology for establishing M/WBE program participation goals
Ms. Thomas' report includes a sample of Florida jurisdictions which have had
disparity studies and a cost analysis . As indicated, consultant fees range from$80,000 to $350,000. In view of the City's overall budget scheme, I have begun to
dialogue with the cities of Fort Lauderdale, Miramar, and Pompano to determine
possible partnerships to offset the cost.
h
As we prepare to rebuild the City's infrastructure through a General Obligation Bond
Referendum in 1996, this is an opportune time to examine future directions of our
M/WBE program. Similarly, as the City's demographics continue to change, and
geographical boundaries of entrepreneurial pools further expand (tri-county or state
instead of Hollywood), a disparity study enables us to factor in these modifications.
Furthermore, the Minority/Wcmen Business Enterprise Program Status Report
submitted in August 1994, indicated some progress in certain areas of the City due to
voluntary goals and a good faith effort program. In other areas, due to the lack of an
established mechanism, we have not been as successful. In that regard, this
suggests the need to establish a predicate for the legal basis and diversification of
program activities to maximize equal opportunity to M/WBEs for all City contracts.
a .
r
r=
Oil,
LAM
r '
`
r
I would be remiss if I did not voice my anxiety that in the haste to establish goals
clothed in some quantifiable measure of disparity, M/WBE availability, and projections
of contract opportunity, one runs the risk of losing sight of the fact that a disparity
study and program goals can never substitute the driving force behind M/WBE
programs: M/WBE programs make good business sense in the American future.
In light of the nation's mood and sentiments expressed by members of the Congress
pertaining to affirmative action, it may lead to some question whether or not affirmative
measures are still on strong grounds. The current assailment on these programs,
initiated by Pete Wilson, governor of California, is based on the perception that
` affirmative action has not worked and treat non-protected groups disparately.
Statistical data shows that affirmative action has worked. It was not until the
legislation of related laws at the federal, state, and local government and policies in
the private sector that we began to see a positive effect In the lives of women and
minorities, thus impacting the workplace as well as business and industry. Yet despite
a the tremendous population growth of minorities and women, there remains significant
imbalance in the number of contracts awarded to women and minorities as well astotal gross receipts. They can be corrected only through affirmative steps. A disparity
^1 study provides local entities the opportunity to effectively redress the impact of
-, Richmond v. Croson on government M/WBEs.
RECOMMENDATION:
I recommend that this item be placed on the May 3, 1995 Commission Agenda.
+e Please do not hesitate to contact me if you need additional inf mation.
�s
t ` Guffl"iele M. Ruiz, M. .
Attachments
cc: Assistant City Manager
Mayor & Commissioners
Chance Thomas, Yale University
w
V „
4 `
MINORITY/WOMEN BUSINESS ENTERPRISE
DISPARITY STUDY &
COST ANALYSIS
I By: Charisse Thomas
Equal Opportunity Intern
City of Hollywood
March 1995
ti '
Disparity Study Analysis
Introduction
In the 1989 landmark Supreme Court case Richmond vs Croson, Richmond's
M/WBE program was struck down by a majority vote of 6-3. The court decided that
t Richmond's M/WBE program lacked specific evidence, adequate statistics, waiver
r
` procedures, a limited time period and race-neutral remedies or considerations. Only a
disparity study could provide the necessary support for an M/WBE program to
, .rwithstand the "strict scrutiny" of the courts. Richmond vs Croson laid the foundation
for federal government's implementation of constitutional programs, by making a
disparity study mandatory if a state or local government desired to have race
t conscious and M/WBE program. The case of Richmond vs Croson forced those
municipalities without disparity studies to be passive participants in continuing
s, practices that hinder the participation of women and minority contractors.
t
Disparity Studv
Goals and Components
The goals of a disparity study are to assess the extent of utilization and
L availability of M/WBE as contractors, to Investigate and describe previous practices
causing under-utilization, to document anecdotal evidence that reflects past
discrimination, and to make recommendations for designing, reviewing, and
implementing M/WBE programs, as specified by the courts.
1. Companies conducting a disparity study research budgeted contract awards,
purchase orders, disbursements from agency accounting systems, government
1
projects, the ethnic breakdown, the legal environment of minorities and women, growth
of minority population and M/WBE firm's economic situation, and past civil rights
struggles. Study consultants examine the age of M/WBE firms, their sources of
bonds, revenue and capital, firm employment, difference in wages, contract amounts,
% of M/WBE prime contractors and sub-contractors who worked on past government
projects, and how they perceive the business practices of non-M/WBE firms. Such
U research is conducted through mail and telephone surveys, interviews, public hearings,
4 and historical and anecdotal evidence of discrimination in the industry and society.
This compilation provides a local government specific data on the industrial market
z
,z
and industrial community of their jurisdiction, so that their M/WBE program can be an
j exact representation of the disparity in that municipality.
i t
2. Another component of the disparity study is entrepreneurial pool of M/WBEs.
The availability test includes: % of population in specified labor area, % of
unemployment in specified labor area, % of minorities or women in total work force in
specified labor are, % of availability with skills in specified labor are (availability at
�iur F 1.
reasonable amount in order for the disparity study to warrant an M/WBE program),
" and % of minorities or women that are promotable. The use of low availability of
v
M/WBE firms as a reason to exclude remedial M/WBE programs or to set low M/WBE -
`~' program goals is unfair. Past discrimination is a major cause of low availabilit
y, yet
low availability leads to a finding of no discrimination. M/WBEs are excluded from
government contracting because of no disparity based on low availability. This is a
covert form of discrimination.
2
Results
Most disparity studies have shown that the real disparity lies within the
M/WBE's interest in getting the job, in which they actually submit bids, and M/WBE's
experience (or lack of) in getting the job. Because most purchasing agents for local
governments prefer to work with the same vendors, contract awards are unfairly
granted to the same contractors. M/WBE firms are further excluded from the market
through this tactic. Another drawback it that the industrial categories (equipment and
a supplies, services, construction, and architecture and engineering) are too finely drawn
r s
Id in a disparity study. The already low numbers of M/WBE firms are stretched and
minimized further in each individual category. In the entire industry, the M/WBE
availability is significant, but that is not true for each category. The disparity must be
greater than 1.96 to be significant.
j
M/WBE Program
Purpose and Components r
The purpose of a M/WBE program is to serve a compelling public interest, to
F
remedy a pattern of past discrimination, and to be narrowly tailored to serve public
i
interest. Such programs should avoid using a system of rigid numerical quotas or
preference quotas and pertain to firms that do business in the local jurisdiction.
Geographic limitations should be moderate because most M/WBE firms usually do
work outside the jurisdiction in which they live, so a severely limited geographic area
would be unfair to these firms.
M/WBE Firms
The largest number of M/WBE's are material and supplies vendors. Although
3
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1
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T
these firms lack investment, financing, surety bonding, and capital, the greatest
disadvantage is their exclusion from the "good old boy" network. Until recently,
M/WBE firms have been excluded from unions. Because the unions had monopolized
the industry, M/WBE firms were also excluded from the industry. When the industry
became available to non-union workers, government buyers continued to work
exclusively with previous contractors, who were Caucasian male union members.
is
'!= °d Remedies
f}
3 Local governments are able to find out about M/WBE interests in bidding at
pre-bid conferences. Procurement complaints can also help these governments
t document and find out about discrimination in the industry. Unfortunately, advertising
of government bids through direct mail, telephone, or facsimile alone will not help
M/WBE firms get the job. Although market access is a severe problem for M/WBE
firms, without an actual M/WBE program with strong preferences, the M/WBE firms
continue to be at a disadvantage in getting contracts. Local ordinances cannot
contain any form of affirmative action without a disparity study.
fi
M/WBE Participation
Measurement
There are two ways to measure M/WBE participation in the industry. The first
method is the dollar volume method. A small number of M/WBE firms have very big
contracts. There is still a low market share of M/WBE firms. The second method is
the number and firm volume method. There is a greater number of M/WBE firms with
smaller or average-sized contracts. There is a high market share of M/WBE firms but
4
f>! low contract dollar. Because of the two methods of M/WBE participation, many
government are unaware of the misrepresentation of M/WBE firms in government
s contracts.
Conclusion
If a local government is to utilize its resources to the fullest extent, an M/WBE
program is critical. The local government also has a responsibility to all of its citizens
i
and can no longer ignore their pleas for a fair representation of the community in
government contracts. A disparity study is costly in terms of money, but under—
utilizing resources is far more expensive in the long run. The economic impact that
M/WBE firms will bring to the economy will pay off the costs of the disparity study.
Local governments cannot continue to take the easy way out by staying with the same
`. vendors and not taking the initiative to look for other bidders. If a local government
k wants to make a strong commitment to equal opportunity, an M/WBE program is one
of the effective measures that can be taken. Voluntary programs are weak and not
legally binding. An M/WBE program is instrumental to a surviving economy and to the
a
incorporating of all firms in government contracts.
A�
5
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Chapter 6
m BEACHES, PARKS AND RECREATION'
Art. I. In General, §§ 6-1-6-29
Art. H. Beach Parking, H 6.30-6.33
1
ARTICLE I. IN GENERAL
Sec. 6.1. Park defined.
V4 V
For the purposes of this article, a"park"shall mean any real property owned by or under •- >
,r,• the control of the city, intended primarily for use by the public for recreation or relaxation.
Sec. 6-2. Hours for park, recreational facilities.
It shall be unlawful for any person to go meet at,go upon,trespass upon,congregate at or
assemble at any public park owned or operated by the city or at any recreational facility owned
or operated by the city at any time of any day during the period beginning at 9:00 p.m.of any
night and ending at 8:00 a.m.of the following morning unless such person is a spectator at,or
participant in,a recreational activity being conducted in the public park or at the recreational
area under the authority of a written permit issued by the city manager.
(Code 1971, § 5-17)
Sec. 6-3. Duty to leave when commanded.
? - Without regard to whether a person may have initially gone upon the area of any public
xj rsx:;; park owned or operated by the city or any recreational facility owned or operated by the city
in order to be a spectator at, or participant in, a recreational activity being conducted in the
park or at the recreational area under the authority of a written permit issued by the city
manager,and without regard as to the particular hour of the day,it shall be unlawful for any
person,or persons,to remain upon the grounds or areas of any public park owned or operated
by the city or at any recreational facility owned or operated by the city after such person,or
the mayor, any city commissioner, any police officer or the
persons,have been commended by
6 ; city manager to leave the grounds or areas of the public park or recreational facility.
( 5.17)`___
Sec. 6.4. Littering. I
It shall be unlawful for any person to throw, place, deposit, sweep, or scatter or cause to
be thrown,placed,deposited,swept or scattered,any paper,food,trash,fruit peeling,or other
refuse, upon any beach or park owned by the city.
(Code 1971, § 5.5)
"Charter reference Parks and recreation, Pt. XI,Art. 2.
Cross references—Licensing of beach equipment business,§ 15-12;department of growth
management, § 19.61 at seq.
Supp. No.54 381
§ 6-5 DANIA CODE
Sec. 6-5. Depositing cigarettes, other debris in public toilets.
It shall be unlawful for any person to throw, place or deposit paper, cigarettes, cigars or
other substances of such nature, in the toilets and urinals situated in any public building.
(Code 1971, § 5-8)
- Sec. 6.6. Use of property and equipment. .
It shall be unlawful for any person to use or occupy areas, buildings, shelters, tables,
t� l chairs or other property that has been designated by the city manager for the exclusive use of -
the handicapped. Each such area shall be marked"Handicapped Only".
1 of
Volations of this section shall be punishable as provided for in section 1-8, Chapter
the Code of Ordinances.
(Code 1971, § 5-6; Ord. No. 17-94, § 1, 11-22-94)
Sec. 6.7. Injuring property and equipment.
It shall be unlawful to injure or destroy any of the buildings, tables, chairs, or other
property situated in or on any public parks.
r (Code 1971, § 5-7)
Cross reference Damaging public property generally, § 17-3.
Sec. 6.8. Fires prohibited.
E"-+
It shall be unlawful for any person to build any fires upon the beaches or in parka owned
by the city, except at places built thereon by the city for such purposes.
(Code 1971, § 5-2)
L° Sec. 6.9. Animals on beaches, beach parks.
It shall be unlawful to bring dogs, cats, animals or other pets upon the beaches or parks
abutting the Atlantic Ocean and owned by the city or on sand beach areas designated on the
zoning map.
(Code 1971, §§ 4-30, 5-3)
Cross reference Zoning map, Ch. 28, § 3.20.
Sec. 6-10. Playing games on beaches.
It shall be unlawful for any person to engage in or play ball or other games at any time
upon the public beaches owned by the city and abutting the Atlantic Ocean.
(Code 1971, § 5-1)
Supp. No.54 382
t
i
' i!f
§ 1-6 DANIA CODE
Sec. 1-6. Altering Code.
It shall be unlawful for any person in the city to change or amend by additions or
deletions, any part of this Code, or to insert or delete pages, or portions thereof, or to
alter or tamper with such Code in any manner whatsoever, which will cause the law of
the City of Dania, Florida, to be misrepresented. thereby. Any person, firm .or
corporation violating this section shall be punished as provided in section 1-8 hereof.
(Code 1971, § 1-6)
State law reference—Altering public records, F.S. § 831.01.
Sec. 1-7. Amendments to Code; effect of new ordinances; amendatory
language. .�--
All ordinances passed subsequent to this Code which amend, repeal or in any way
affect this Code may be numbered in accordance with the numbering system of this
Code and printed for inclusion herein. In the case of repealed chapters, sections and
subsections or any part thereof, by subsequent ordinances, such repealed portions may
be excluded from the Code by omission from reprinted pages affected thereby. The
subsequent ordinances as numbered and printed or omitted, in the case of repeal,shall
be prima facie evidence of such subsequent ordinances until such time that this Code
and subsequent ordinances numbered or omitted are readopted as a new Code by the
city commission.
Amendments to any of the provisions of this Code may be made by amending such
provisions by specific reference to the section number of this Code in the following
j,
language: "This section—of the Code of Ordinances of the City of Dania is hereby
EF" amended to read as follows: . . . ." The new provisions shall then be set out in full as
desired.
In the event a new section, article or chapter not heretofore existing in the Code is s
to be added, the following language may be used: "That the Code of Ordinances of the
City of Dania is hereby amended by adding a section (or article or chapter) to be
numbered—,which said section(or article or chapter)reads as follows: . . .."The new
section shall then be set out in full as desired.
All sections, articles, chapters or provisions desired to be repealed must be
specifically repealed by section, article or chapter number, as the case may be. (Code -�
1971, § 1-7)
Sec. 1-8. General penalty; continuing violations; violation as public nuisance.
Whenever in this Code, or in any ordinance or resolution of the city, or rule,
regulation or order promulgated by any officer or agency of the city under authority
duly vested in him or it,any act is prohibited or is declared to be unlawful, or the doing
of any act is required or the failure to do any act is declared unlawful and no specific
penalty is provided for the violation thereof, the violation of any such provision of this
Code or any such ordinance, resolution, rule, regulation or order shall be punished by a
104
V �•.Y
GENERAL PROVISIONS § 1-9
fine of not more than five hundred dollars ($500.00), or by imprisonment for a period
not exceeding ninety (90) days, or by both such fine and imprisonment. Each day any
violation or any provision of this Code or of any such ordinance, resolution, rule,
regulation or order shall continue shall constitute a separate offense.
In addition to the penalties hereinabove provided, any condition caused or
permitted to exist in violation of any of the provisions of this Code or any such
ordinance, resolution, rule, regulation or order, shall be deemed a public nuisance and
may be, by the city, abated as provided by law, and each day that such condition
continues shall be regarded as a new and separate offense. (Code 1971, § 1-8)
Charter reference—Maximum penalty for violating ordinances, Pt. I, Art. 3, §
k. ,.�. 1(25). - -
'` State law reference—Abatement of public nuisances, F.S. § 60.05.
Sec. 1.9. Assessment of additional court costs.
' (a) Pursuant to Florida Statutes, Section 943.25, there is hereby assessed an additional
amount of one dollar($1.00)as a court cost against every person convicted for a violation of a
as state penal or criminal statute, traffic infraction, county or municipal ordinance of the city,except parking 'p p kin ordinances, with such additional revenue to be used for law enforcement
education expenditures for the police department of the city.
(b) The City of Dania hereby authorizes the appropriate courts in Broward County to
provide for the assessment of an additional two dollars($2.00)in court costs for convictions for
• - violations of all municipal ordinances, except vehicle parking ordinances, such additional
costs to be used by the city for criminal justice education and training expenditures.(Ord.No.
115, § 1, 11-9-76; Ord. No. 5, § 1, 2-22.83)
1 Editor's note—Ord. No.5, § 1,enacted Feb.22, 1983,did not expressly amend the Code.
Inclusion as § 1-9(b)was at the editor's discretion.
Y.
Supp.No.It [The next page is 155]
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