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HomeMy WebLinkAbout2008-05-12 CRA Board Regular Meeting Agenda packet AGENDA COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING MONDAY, MAY 12, 2008 - 6:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD,DANIA BEACH,FL 33004,(954)924-6800 EXT.3624,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE,PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. 1. Call to Order/Roll Call 2. Approval of Minutes of April 10, 2008 3. Proposed CRA Policies 4. Update on Library 5. Update on 109 Park Property 6. Michelle Mellgren Amended Scope of Services 7. CRA Legal Consultant 8. CRA Green Initiative 9 Adjournment MINUTES OF REGULAR MEETING CITY OF DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY THURSDAY, APRIL 10, 2008 - 6:00 P.M. 1. Call to Order Chairman Jones called the meeting to order at 6:00 p.m. Present: Chairman: Albert Jones Vice-Chairman: Anne Castro Commissioners: Bob Anton John Bertino Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson CRA Consultant: William Salim CRA Director: Jeremy Earle 2. Approval of Minutes of March 6, 2008 Commissioner Anton motioned to approve the Minutes of March 6, 2008; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Chairman Castro Yes Commissioner Bertino Yes Chairman Jones Yes Commissioner Flury Yes Vice-Chairman Castro motioned that the Mayor and Vice-Mayor, who serve in those capacities from time to time, shall be considered as the Chairperson and Vice-Chairperson, respectively, of the CRA Board; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Chairman Castro Yes Commissioner Bertino Yes Chairman Jones Yes Commissioner Flury Yes 3. CRA Panel of Experts (Presentation) Jeremy Earle, CRA Director, thanked City staff for their support and assistance during his short time with the City. He expressed his appreciation to members of the community with whom he has met and for their interest in making Dania Beach a better place. Director Earle also recognized the Dania Beach Chamber of Commerce for their support and noted they are committed to economic development. He further commented that the Chamber of Commerce is willing to help the City with our Enterprise Zone. Director Earle introduced the members of the panel: Sam Goren, Michael Cannon and Jim Carras. He pointed out they are here to share their knowledge and experience with us because it is important to understand where we are and where we need to go from here. Director Earle provided a brief synopsis of each of the members of the panel. Jim Carras, Carras Community Investment, Inc., noted the history of financing redevelopment. He commented financing redevelopment is primarily a private sector activity. The Dania Beach CRA is under the County rules and would need to apply to the County to receive TIF funds, however, the Redevelopment Capital Fund currently has no money. He pointed out that redevelopment normally takes place when a public entity uses public money to act as a catalyst for the leveraging of public financing. Mr. Carras remarked that whether there is a project or not, CRA's have been successful in creating the necessary infrastructure to attract private redevelopment. However, the City's hands are tied, and a policy decision will need to be made as to how to approach the County. He believes we fit into the category of elimination of slum and blight criteria and that we have a strong case to make to the County to release our funds and to view the City as a traditional CRA and not a hybrid CRA. Mr. Carras mentioned other public financing tools that are available to CRA's. He thought the County would be willing to discuss the possibility of opening the City to TIF funding. Mr. Carras pointed out that there is over $7B in private equity funding strictly for redevelopment. Vice-Chairman Castro questioned the mechanism to obtain the private development funds. Mr. Carras noted this is a partnership which comes into play when you approach some of the equity sources as well as new market tax credits, and present a project to them. He thought that the RFP process of attracting developers, as well as corresponding with public funding sources, would definitely help the City. Vice-Chairman Castro confirmed with Mr. Carras that the City has a good case to present to the County, although the Interlocal Agreement specifically said the funds were to be used for infrastructure projects only. She thought we had a favorable rate with State Revolving Funds so it is worth staying with them for the funding of the infrastructure at this time. Commissioner Bertino thought the redevelopment capital fund still had some money. CRA Director Earle advised that there is $41M that is spoken for, including our$6.1M, however there are no additional funds. Mr. Carras thought the City's CRA plan may need to be updated before presenting the case to the County, and the City should develop a realistic financial projection. He felt that the County should relinquish the City from current requirements and allow us to use the $6.1M on future TIF activities not designated to a specific project. Mr. Carras pointed out that this would be a political decision that the County would have to make. Minutes of Regular Meeting 2 City of Dania Beach Community Redevelopment Agency Thursday,April 10,2008—6:00 p.m. Commissioner Anton commented that we need to apply for our $6.1M as soon as possible, now that we have the resources to move forward with redevelopment. Chairman Jones questioned if it would be a good strategy to ask the cities of Lauderhill and Oakland Park, who are also TIF-less, whether they would like to join Dania Beach when approaching the County. Mr. Cams thought we should first find out what the other cities are planning to do, although three voices coming together to the County Commission would be more effective than just one. Commissioner Bertino confirmed with Mr. Carras that we should make the necessary contacts for other financial sources now, and have the results of our search ready for any future developers. Sam Goren, Goren, Cherof, Doody & Ezrol, P.A., referred to his paper on Community Redevelopment Agency Basics, which he recently presented to Florida Atlantic University. He noted that the Community Redevelopment Act of 1969 provides for the establishment, operation and funding for a Community Redevelopment Area and the associated Community Redevelopment Agency within the State of Florida. Attorney Goren provided an overview of the development of CRA's in Broward County. Vice-Chairman Castro noted that we have worked on the infrastructure required by the County to implement the CRA, so we should get our funds. However, the risk we take is that we have to get projects moving in order to have the extra tax revenue within the time frame established by the County. Attorney Goren commented there is a pending House Bill in Tallahassee referencing abolishing CRA's, although he did not think this Statute would pass. He further indicated that the City's Interlocal Agreement with the County may need some revisions and recommended doing this as soon as possible. Vice-Chairman Castro noted that in a recent meeting with County Commissioner John Rodstrom, he recommended that we use our funds to continue working on infrastructure projects. She indicated there was also discussion about the possibility of amending our Interlocal Agreement. Attorney Goren commented that of the many cities in Broward County, Dania Beach has a basic need for a CRA, and the County Commissioners and staff have a legal obligation to respond to the City. Michael Y. Cannon, Executive Director, Integra Realty Resources-Miami, noted this is the time to create private/public partnerships to get results that are beneficial to the community. His presentation is attached to and incorporated into these minutes. Minutes of Regular Meeting 3 City of Dania Beach Community Redevelopment Agency Thursday,April 10,2008—6:00 p.m Vice-Chairman Castro questioned if there was a strategy that we could adopt as a City to approach developers. Mr. Cannon thought we should first find out what we want to do, then set our goals and decide the type of uses we wish to include in our Master Plan. Vice-Chairman Castro asked for consensus to ask CRA Director Earle to use all our legal resources to attempt to draw from the County the unrestricted funds that would allow us to move forward and make this a reality. Commissioner Anton thought it was imperative that we move rapidly because there are some issues that may arise in the mid-summer or early fall, which could have a negative impact on our relationship with the County. Commissioner Bertino noted that if we want to move forward with our plan, we need to set aside some funds. He suggested including this issue in the budget process. Chairman Jones asked Mr. Earle if we should revise our Plan prior to drawing our $6.1 M from the County. CRA Director Earle responded that we must work on the Plan modifications without delay, because the funds that were allotted to our City might disappear by 2011. It was the consensus of the CRA Board to move forward with our process. 4. CRA Redevelopment Plan Modification(Discussion) This matter was discussed under Item #3. 5. Theme for Parcel 109 (Discussion) Jeremy Earle, CRA Director, asked for direction from the Board so that he could discuss this matter with future developers who might be interested in that parcel. Commissioner Anton suggested a Key West theme or old Florida style, similar to the Nyberg- Swanson House. He further noted that his main vision for this parcel is a public/private partnership which would involve office/retail/hotel and a large parking structure. Vice-Chairman Castro agreed with Commissioner Anton, but pointed out that whatever we decide to do needs to complement the Library. She noted a type of early Florida style would fit well but nothing modern. Commissioner Flury agreed with Vice-Chairman Castro and Commissioner Anton, although she would rather see a Mediterranean style. She further noted that residential is very important, with Minutes of Regular Meeting 4 City of Dania Beach Community Redevelopment Agency Thursday,April 10,2008—6:00 p.m. retail and parking, because it would create the pedestrian friendly atmosphere that we want for our downtown. Commissioner Flury thought we could also consider moving BSO to that property. Chairman Jones noted we should have consistency and continuity and create a theme that works for our downtown. Commissioner Bertino pointed out that we already have design standards that could be used. The most important thing would be to find a good developer who will know what to build and sell. He further commented that we need to look at mixed use with a decent sized building. Commissioner Bertino emphasized that we would not want more affordable housing, because we have more than we are required to have for our population base; it should be workforce or above, which would generate taxes for our City. Commissioner Anton stated for the record that office/retail should be our main focus, but we certainly need residential use to keep the retail alive. 6. Prouosed CRA Budget (Information only) Jeremy Earle, CRA Director, noted the budget he presented is very conservative. He said that per Florida Statute, in order to use County funds, every project needs to be in the CRA Plan. CRA Director Earle stressed the importance of a Grant Writer. Commissioner Flury clarified that the only budget they can approve at this time is for the balance of this fiscal year. She further questioned the extent to which we need to update our Plan. CRA Director Earle confirmed that our current Plan is virtually useless, and must be updated with everything that we want to do today. Commissioner Flury thought this was an investment in our future and the money would eventually come back to us. She reiterated this is the time to move forward. Commissioner Flury motioned to approve the CRA Budget as outlined, for the balance of this fiscal year, with funding from the reserve fund; seconded by Vice-Chairman Castro. Discussion followed among members of the Board regarding the clerical assistance requested by CRA Director Earle. Consensus was to let Director Earle handle the staffing situation and come back to the Board if adjustments need to be made. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Chairman Castro Yes Commissioner Bertino Yes Chairman Jones Yes Commissioner Flury Yes Minutes of Regular Meeting 5 City of Dania Beach Community Redevelopment Agency Thursday,April 10,2008—6:00 p.m 7. Memo Regarding CRA Focus (Information) Jeremy Earle, CRA Director, noted the memo codifies their discussion. Mr. Cannon suggested holding a charette to involve the citizens in determining the theme for the 109 Park property. Mr. Goren reiterated that time is of the essence and we should move forward without delay. He recommended contacting CRA representatives from other cities who could share their experiences and comments on what they have done. CRA Director Earle thanked the three members of the CRA Panel of Experts for their presentations and professional advice. He further noted that he has already met with a number of CRA Directors from other municipalities and will continue building these relationships. He wanted the community to know that the CRA Board's commitment to this process is exceptional and thanked them for their support. 8. San Souci Development (Presentation) Scott Pachos, Bennello, Ajamil & Partners, Inc., Fort Lauderdale, representing Alan Ojeda, for the development of a hotel, noted they discovered an error in the new TOD/TOC Code regarding side yard setbacks. The code requires ten feet on either side of the property, but Fire Marshal Sean Brown advised they require an additional 20 feet in order for the fire engines to maneuver. Also in the new TOC district, the upper level setback required for six floors and above is 25 feet from the edge of the building below, not from the property line. Mr. Pachos indicated that this setback creates unique hardships for hotels, and proposed a 35 feet setback above six floors. Mr. Pachos asked for support to waive the requirement for a variance in order to allow them to proceed with the project without further delay. Commissioner Anton noted we should correct the code, not consider a variance. City Attorney Ansbro noted Henry Iler should meet with the Fire Marshal to find a solution. He indicated that he would prepare a text change to the code as soon as he receives the necessary information. It was the consensus of the Board to change the code. Alan Ojeda noted the urgency of this project. They are trying to mitigate wetlands with the Army Corps of Engineers therefore they need to define the footprint of the building before the project is submitted. Vice-Chairman Castro suggested Mr. Ojeda meet with CRA Director Earle to see if he has any contacts with the Army Corps of Engineers that would help push this process through. Minutes of Regular Meeting 6 City of Dania Beach Community Redevelopment Agency Thursday,April 10,2008—6:00 p.m. 9. Chamber of Commerce (Presentation) Ron Dooley, Chairman of the Chamber of Commerce, noted they are a volunteer group working to make the City better for everyone. He stated they are here to support CRA Director Earle and the City's efforts. Mr. Dooley said the new Chamber is committed to making sure the Commission will be proud of them. He introduced Victoria Payne, Executive Director; Ed Garver, Florida Design Group; Adolfo Jimenez, future Chairman; and Rose Lizana, Clare Vickery and George Jason , active members of our community. Mr. Dooley pointed out that the Chamber's vision is changing for the good and they are now a different group, with a different attitude. He noted the Chamber has a business marketing plan and they are developing a budget, and in order to move forward they need the support of the City. They would like to get a webpage to allow them to develop a revenue stream by communicating with potential business people. Mr. Dooley advised that they would need $5,000 to cover the implementation of the webpage and related services. It was the consensus of the Board to direct City Manager Pato to donate $5,000 to the Chamber, from Economic Development funds. Vice-Chairman Castro would like links to the City website, www.visitdaniabeach.com, and www.GreaterDaniaBeach.com. Commissioner Flury asked the Chamber to keep the City updated on their progress. Mr. Dooley thanked the City for their contribution and reassured the Board that they are willing to provide us with reports on a regular basis. Vice-Chairman Castro questioned if we should combine the Neighborhood Comprehensive Plan with the CRA Plan modifications. She suggested expanding the scope of the contract so we can use the same consultant for both projects. CRA Director Earle confirmed for the Board that the Mellgren Planning Group has experience in working with CRA's, although they would still need to have sub-consultants work on the different aspects of the project. He will meet with Michele Mellgren to discuss the suggested plan. Addendum 10. Travel Request Request of Jeremy Earle, CRA Director, to attend the American Planning Association Annual Conference and Training in Las Vegas, NV, from April 26, 2008 —May 2, 2008 (Estimated cost $2,455.50) Minutes of Regular Meeting 7 City of Dania Beach Community Redevelopment Agency Thursday,April 10,2008—6:00 p.m It was the consensus of the Board to approve the travel request for CRA Director Earle. 11. Adjournment Chairman Jones adjourned the meeting at 8:53 p.m. ATTEST: COMMUNITY REDEVELOPMENT AGENCY LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK CHAIRMAN—CRA Minutes of Regular Meeting 8 City of Dania Beach Community Redevelopment Agency Thursday,April 10,2008—6:00 p.m. CITY OF DANIA BEACH �� DEPARTMENT OF FINANCE MEMORANDUM TO: CRA Board Memo: DF-08-18 FROM: Patricia Varney, Director of Finance DATE: April 22, 2008 SUBJECT: Procurement process and internal controls for CRA At the request of the Chairman of the Board, I have performed a survey with all cities that have a CRA in Broward County and inquired about their internal controls and processes on procurement. The attached report reflects most CRAB follow the City's purchasing policies and procedures. I have also attached a survey the Finance Department performed a few months ago when we changed the City Manager's authoritative limit to $25,000. Although most CRAs follow City policies and procedures, I understand the City of Dania Beach CRA has a short window to perform many tasks. I have developed a policy that is attached, which provides fewer restrictions to the CRA Director, but still implements the internal controls for check and balance. The major differences are as follows: 1. Requisition required: $500 and above. City's policy: $300 2. Quotes: $1,501 - $3,000 (telephone); $5,001 - $25,000 (written) City's policy: $500 - $3,000 (telephone). $3,001425,000 (written) As for sealed bids, I am seeking the Board's direction as to whether a bid committee should be established and who should be on the Committee. Under the City's policy, the Director of Finance or his/her designee and any other personnel the City Manager may deem necessary are included on the bid committee. I have highlighted the portion of the policy waiting for the Board's direction. I am also seeking the Board's direction as to what dollar amount expensed by the CRA Director or whether all expenses incurred by the CRA Director needs approval by the Director of Finance. The purchasing policies that I drafted have indicated the internal controls by the Director of Finance and are highlighted. Depends on the Board's decision as to what level the Director of Finance be involved, the internal control can be replaced by the approval of the Chair of the Board, and in some circumstances will eliminate one less level of control. I have prepared the following table as a quick glance of the internal control of the procurement process I drafted for the City's CRA with the Director of Finance involved in every level of spending. CRA Approval Approval Limit Director by Chair by Board Procedure approval Up to$500 X Check request with invoices attached $500-$1,500 X Requires requisition,no quotes needed Requires requisition: Telephone quotes: $1,501 -$5,000 $1,501425,000 X X Written Quotes: $5,001 -$25,000 r (unless waived b the Chair of the Board) Over$25,000 X X X Sealed Bid,unless waived by the Board CITY OF DANIA BEACH Administrative Policy Title: Purchasing Policy for CRA Effective Date: Originating Department: Finance Distribution: CRA Director Policy Number: 1. PURPOSE The purpose and intent of this document shall be to prescribe the manner in which the City of Dania Beach shall provide a method to assure that the purchase of supplies, materials, equipment and certain contractual services and to maintain a high ethical standard and secure the most favorable prices to the Dania Beach Community Redevelopment Agency, and are in full compliance with the applicable state and local laws, including Florida Statute 287.055. II. DEFINITIONS For the purpose of these procedures the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number, words in the plural number include the singular number and words in the masculine gender include the feminine. The word"shall" is always mandatory and not mere directory. 1. "CRA"is the Community Redevelopment Agency of the City of Dania Beach. 2. "CRA Board' is the Community Redevelopment Board of the City of Dania Beach, Florida. 3. "CRA Attorney" is the City Attorney who acts as CRA Board Attorney. 4. "Bid Committee" 5. "City"is the City of Dania Beach, Florida. 6. "Purchasing & Contract Coordinator" is that person designated as the city's agent for buying, distributing, storing & disposing of goods and services in accordance with the city's purchasing policies as set forth herein. The Purchasing & Contract Coordinator shall work under the direction of the Director of Finance. 7. "Contractual Services" shall include, without limitation, printing; gas; fuel; towel and cleaning services; purchase, installation, rental, repair and maintenance of equipment, machinery and other personal property; lease of real property and office space by the City as lessee and all other 1 contractual supplies, materials, equipment and services not specifically excluded from these procedures. 8. "Supplies" shall mean and include all supplies,materials and equipment. 9. "Emergency" is a situation or occurrence of a serious nature involving urgent and extreme matters of public health, safety and welfare, or which requires the safeguarding of CRA assets, as determined by the CRA Director. 10. "Change Order" means changes due to unanticipated conditions or developments, made to an executory contract which do not substantially alter the character of the work contracted for, and which do not vary so substantially from the original specification as to constitute a new undertaking. 11. "Requisition" serves to inform the Purchasing Division of the needs of the using department and to correctly define items requested. 12. "Purchase Order" serves as documentation authorizing a vendor to deliver described goods and/or services at a specified price and time. 13. "Purchase(s)" any combined purchase of the same goods or with the same vendor within one fiscal year. 1II. POLICY NO OBLIGATION FOR EXPENDITURES OF CITY FUNDS MAY BE INCURRED EXCEPT PURSUANT TO AND ONLY TO THE EXTENT OF A SPECIFIC APPROPRIATION OF FUNDS IN THE BUDGET. This provision shall apply, without being limited to, any formal or informal contractual obligation for the purchase or lease of supplies, services, materials or equipment. No money may be drawn from the treasury of the CRA nor may the appropriate City Officials execute any check, draft, warrant, note or other negotiable instrument, except pursuant to and only to the extent of a specific appropriation of funds in the budget to be debited for such payment. W. REGULAR PURCHASING PROCEDURES A. Check Request— Up to $500 or under "Emergency"Situations When CRA Director requires supplies or service costing under $500, it may be purchased without a purchase order; however, the director should initially determine that there are sufficient funds remaining in the appropriate account for the purchase. A check request will be issued and the original invoices attached and submitted to the l� � `�. � tWNW before payment is made. Under Emergency circumstances, should purchases or services need to be acquired immediately, 5lt bi'SJWt lc'i°} Fm attach the vendor invoice to the check request and submit 4 ,.=_a O 2 Sri#. Any amount over $1,500 will also be submitted to the Chair of the CRA Board for approval. All emergency purchases exceeding$25,000 must be approved by the CRA Board prior to payment. B. Requisitions i. $500- $25,000 Purchases costing more than $500 shall require a Requisition approved by the CRA Director. The Purchasing Division of the Finance Department shall verify the procedures and a purchase order will be issued for any amount below $1,500. Any amount between $1,501 and $25,000 will also be and approved by the Chair of the CRA Board before a purchase order is issued.A Purchase Order must be issued before a commitment is made to purchase the item. When entering a requisition, the following information must be input: A. Department location B. Vendor C. Description D. Line Description E. Quantity F. Unit Price G. Unit Measure H. General Ledger Account Number When all requisition information is entered, the following must be done: A. Submit the requisition B. Approve the requisition (CRA Director) C. Approve any purchase or services related to computer and telecommunication (Technical Support/Webmaster) D. Budget approval (Chair of the CRA Board and/or Finance Dept) E. Create a Purchase Order(Purchasing & Contracts Coordinator) Quote Requirements All purchases should be of a quality to suit the intended purpose at the least expense. Three telephone quotes must be obtained for any purchases between $1,501 and $5,000. Three written quotes must be obtained for any purchase between $5,001 and $25,000 unless waived by Chair of the CRA Board. The Purchasing Division has the option of using the vendor selected by the CRA Director or may choose another based on lower price, etc. If an alternate vendor is available and more appropriate, the Purchasing Division will seek the requesting CRA Director's approval to substitute the alternate. In cases where the CRA Director and the Purchasing Division cannot agree on a vendor, the the Chair of the CRA Board shall make the final decision. If a resolution is approved authorizing the purchase of an item, a copy of the resolution shall be forwarded to the Purchasing Division. Bid requirement is not required when the vendor is listed in the State Contracts or under the Broward Co-op listing. The State Contract number must be noted in the requisition. 3 iL Above $25,000 Any purchases of supplies, services, materials and equipment in excess of $25,000 from one vendor must be approved by the CRA Board. Bid Requirement Competitive bidding process must be utilized for any purchase above $25,000. Florida Statute 287.055 must be adhered to when applicable. Bid specifications must be open, nonrestrictive and fairly represent the CRA's requirements in order to achieve maximum interest of potential bidders. If bids have been obtained within the previous 12 months by another governmental entity such as the Federal Government, State of Florida, or a Florida county or municipality for the item to be purchased, the formal bidding procedure may be by-passed by the City Commission by adopting a resolution approving said purchase from another governmental entity's bid. The CRA Director must provide documentation confirming effective dates of contract bid. The bidders list shall be limited to vendors that are similar in character and who ordinarily handle the services or commodities being bid on. The CRA Director will remain responsible for the technical accuracy of the specification. If the specifications are approved by the Bid Specification Committee, the City Clerk's Office shall prepare the public notice inviting bids and/or proposals. The notice shall include the subject matter to be bid on; the date bids are to be received by; the date, time and place of bid opening; as well as where bid specifications may be obtained. If the specifications include Engineer's plans, etc., a deposit may be required and will be so stated in the bid notice. If the Bid Specification Committee has comments on the specification, the CRA Director must revise the specification to address these comments prior to proceeding with advertising as described above. The City Clerk's office shall have the public notice advertised in at least one official newspaper generally circulated within the City of Dania Beach, with such publication to be published weekly for two consecutive weeks with the first publication not less than 15 days prior to receipt of bids and/or proposals. NOTE: If a formal bid request will result in the CRA entering into a contract, the bid specification and the proposed contract must be reviewed by the CRA Attorney. Any comments by the CRA Attorney must be resolved before proceeding. A bid file for each formal bid processed will be kept by the City Clerk's office. Included in this file shall be all documents relating to the bid, including the bid notice, proof of publication and all bids received. Bid Opening Procedure a) Bids shall be sealed and submitted to the City Clerk's office and shall be marked"BID"on the envelope by the bidder. 4 b) The Bid Specification Committee shall open the bids in public at the time and place stated in the public notice and determine if all bid requirements have been met. c) The Bid Specification Committee and/or qualified parties shall tabulate the bids and prepare a recommendation of award of bid to the CPA Board for approval. d) The CRA Board shall adopt a resolution awarding contract to the successful bidder. e) After contract has been awarded to the successful bidder, a requisition shall be submitted by the CRA Director. The CRA Director shall be responsible for monitoring the contract. Rejection of Bids The CRA Board shall have the authority to reject any and/or all bids or parts of bids when the public interest will be served thereby. Award of Contract a) Contracts shall be awarded to the lowest, responsible bidder. In determining the lowest responsible bidder, in addition to price, The bid committee who tabulate the bids shall consider: 1. The ability, capacity and skill of the bidder to perform the contract or provide the service required; 2. Whether the bidder can perform the contract or provide the service promptly or within the time specified, without delay or interference; 3. The character, integrity, reputation,judgment, experience and efficiency of the bidder; 4. The quality of performance of previous contracts or services; 5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service; 6. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; 7. The quality, availability and adaptability of the supplies or contractual services to the particular use required; 8. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; 9. The number and scope of conditions attached to the bid. 5 After the lowest, responsible bidder is determined, a recommendation by the CRA Director for "award of the bid will be submitted to the y J11to confirm the consistency and completeness of the bidding process and the availability of the funding of the projects. Upon review by ` , the recommendation will be presented to the CRA Board for their approval. b) When the bid award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the party recommending the bid award and filed with the other papers relating to the transaction. c) If all bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder. Where no local vendor is involved in a tie bid, the CRA Board shall award the contract to one of the tie bidders by drawing lots in public. Performance Bonds. The Chair of the CRA Board shall decide whether or not a performance bond is required, before entering into a contract, in such amount as he shall find reasonably necessary to protect the best interests of the CRA. iii. Purchases Not Requiring Requisitions The following invoices shall not require requisitions or purchase orders, but must be approved by the Director of Finance and/or the Chair of the CRA Board. a) Utility bills b) Workmen's Compensation payments c) Petty Cash replenishment d) Liability and General Life and Health Insurance e) Temporary Agency personnel 0 Debt payments g) Personnel/payroll related items h) Any costs related to attendance of conferences i) Tuition Reimbursement j) Memberships/Subscriptions k) Advertising expense C Fixed Price Contracts Contracts which have been approved and executed by the CRA Director or CRA Board are binding upon the CRA until their expiration or termination and have as a condition to execution the payment of certain amounts for certain goods or services, the accounts to which these contracts will be charged, and will be encumbered by Purchase Order for the full value of the contract. Periodic payments will be made upon receipt of an invoice signed by the CRA Director. Examples of fixed price contracts include: retainer fees for professional services; fees for regular services which must be paid whether or not such services were rendered; lease/rental payments; purchase agreements under installment contracts; etc. 6 It will be the CRA Director's responsibility to promptly notify the Director of Finance of matters that might influence the City's liability to pay (e.g., termination of contract, non-payment due to inferior or non-performance, arbitrary settlement, contingent items, etc.). It will also be the CRA Director's responsibility to monitor such payments by utilizing the City's accounting software system, H.T.E., and, if necessary, notify the Director of Finance of discrepancies. It will be the Director of Finance's responsibility to insure that payments approved are made in conformity with the approved contracts and without any doubt as to the legitimacy of the payment as to the timing or amount. Contracts between $1,501 and $25,000 must be approved by the Chair of the CRA Board. The Director of Finance must confirm the funding is available prior to submitting to the Chair for approval. D. Processing Invoices All invoices or receiving reports covering invoices shall be signed by the CRA Director before submitting for payment. Partial Receipt of Goods and Services. When only a partial delivery was performed, the CRA Director should approve the invoice to the Purchasing Division for partial payment. The Purchase Order number and Vendor number shall be indicated on the invoice. Also indicate the Line no. to be paid along with the appropriate amount to be charged to each Line no. and whether the line should be a partial or 5nal payment. Even though partial payment is made, the purchase order remains open in order to pay the outstanding balance. E. Training and Travel Any request for travel and conference attendance must be submitted on the "Travel Authorization Form", signed by the CRA Director, : and approval by the CRA Board. Approved By: Date: 7 Juridicitions Broward County Follow County's procurement policy and internal controls Coral Springs Follow City's procurement policy and internal controls Davie Follow City's procurement policy and internal controls Deerfield Beach Fallow City's procurement policy and internal controls ... a em'3 s u n a' F. Fort Lauderdale _ � ° _ -.0 VAM I MOOe iRt ,� .+ Hallandale Beach Follow City's procurement policy and internal controls affig Hollywood L :e,:uH H,: Sw Lauderdale Lakes „ m„a .. .., .,.. Nr �eIN- 4+., + i !::. Lauderhill Follow City's procurement policy and internal controls F "iian °°.,� I C yam, Margate '�'!� £.:.:. �� Oakland Park Not yet formalized, believe will follow City's policy Planatation Follow City's procurement policy and internal controls Pompano Beach J O O O O O O O O O O O O O O O O W O O O O O O O O O O r0 0 0 0 0 0 zJ L6 00 Ld 000 � 00 � Ld L6 L6 L6 of N N N N , 1010 N M , 61) N N E N � O H 69 fA fA fA fJ9 fA 69 fH fA fA 69 69 69 6k Ln 20 01: ' 7 illi I HIM III J M o o 00 0000 0 o m m o m m o O O o 0 0 0 0 0 m m 0 W m m 0 O O O O O l0 O m m W w V 0 O O_ 0 o vi O O h M � V O QJ H4 69 fA fA 69 fA 6H 6% Efl 69 69 64 z � Q � O O O = 69 Ei) U � Q O W O p C C C 0 O W O 0) Of 69 Lo W 69 64 6" 49 � 609 f,9 � m 6A U J LLJ � z F- O c z CL W � m o � a Q (oO , O m Mc000000 r- OOcn a) Oo ON � 0000 MOON = mo = 646401O 100 '' e- 6B . t, : EH N � H 69 EA D. 64 CL 6H 61�. N Q 0 0 W O O O J O W d N_ N U 0 0 a t N } t U Y c6 N I— N CF. N m J N C 0 H U W O yOO U C OL C OJY N 'O Ca) na) LE C ca _a M +Cp-' C O j L l0 0 0 0 c0 N m O m m O N cc N - 000oox2JJZOaaa3 � • Community Redevelopment Agency Procurement & Purchasing Policy GENERAL The purpose of the Procurement and Purchasing Manual is to provide a method for assuring that projects, supplies, materials, and equipment are procured at the most favorable prices to the Margate CRA, and are in full compliance with the applicable state and local laws. The scope of these policies and procedures applies to the purchase of all inventory items, supplies, and capital equipment for the CRA. It applies to all vendors, materials, and services that directly affect the quality and delivery of CRA's services. The responsibilities of compliance apply to all CRA personnel that require products or services. PROCUREMENT AUTHORITY AND ADMINISTRATION All Margate CRA personnel are expected to demonstrate responsibility for the expenditure of Margate CRA funds and renders good judgment when using resources to make organizational purchases. This policy and any changes thereto shall be submitted to the CRA Board for approval. Nothing contained in these policies and procedures shall supersede applicable state statutes related to the procurement of goods and services. The Executive Director is responsible for approving procurement procedures, ensuring compliance with this "Procurement and Purchasing Policy" manual and taking action to prevent fraud and/or abuse. The procurement process shall be under the supervision of the CRA Executive Director and/or his/her designee. The authorization and approval of purchases are as follows: PROJECTS, SUPPLIES, MATERIALS AND EQUIPMENT Contract Price Approval By Approval by Approval By Procedure Staff Executive CRA Board Director $0-$25,000 X X 3 informal quotes $25,001- $50,000 X X 3 formal written quotes $50,001 and Over X X Formal Bid Formal bids will be governed by the City of Margate Purchasing Division, Rules & Regulations where applicable. 2 EXCEPTIONS TO PROCUREMENT POLICY These procurement policies and procedures DO NOT apply to the follow disbursement transactions. 1. Subscriptions,publications, and memberships 2. Advertising and promotions 3. Insurance coverage 4. Temporary or casual labor or personnel 5. Legal expenses 6. Licenses, permits, and registrations 7. Utility expenses 8. Postage 9. Community and recreation events 10. Travel reimbursements 11. Continuing education and training 12. Contribution, donations,bequests, and refunds 13. Payroll expenses 14. Refunds (i.e. water, taxes, overpayments, etc.) The following situations are exempt from the competitive bid and competitive proposal requirements of this section: 1. Emergency purchases. During unusual conditions or emergencies, the CRA Board may by resolution authorize the purchase of designated supplies and equipment in excess of the limitations herein prescribed; when in the discretion of the CRA Board the purchase contemplated is deemed to be in the best interest of the CRA. If in the opinion of the CRA Executive Director, an emergency situation exists which poses a threat to life, health, and safety or for the protection of the assets of the CRA, the Executive Director or in his/her absence, the Assistant Director, subject to later ratification by the CRA Board, may incur costs and expenses associated with remedying the aforesaid conditions in an amount not to exceed$50,000.00 and further subject to future annual increases as occasioned by the most closely aligned Consumer Price Index applicable to South Florida. 3 2. Supplies, equipment, materials, and professional services. Contracts for supplies, equipment, materials, and projects involving peculiar skill, ability, experience or expertise, and under Twenty-Five Thousand Dollars ($25,000) are not subject to competitive bidding or competitive proposals; however, applicable state laws, such as the Consultants' Competitive Negotiation Act of the Florida Statutes, as may be amended from time to time, to the extent applicable, shall be followed. 3. Work performed by CRA or City of Margate employees. These provisions shall not apply to work performed by regular employees of the CRA or the City of Margate. 4. Disaster preparedness. Contracts for and purchases of commodities or services that are made in contemplation and preparation for and in response to the occurrence of an emergency, a natural or man-made disaster or civil unrest, where time or availability rather than price is the controlling factor, are exempt from this section. NONAPPLICABILITY TO COOPERATIVE BIDDING WITH OTHER GOVERNMENT AGENCIES The above policy shall not be applicable for any supplies,materials, equipment, projects, or improvements which are purchased under a cooperative bidding procedure or in conjunction with any other governmental agency where said supplies, materials, equipment, and projects or improvements are purchased pursuant to the official procedure of said other government agency. SOLE-SOURCE PROCUREMENTS AND PURCHASES Sole-source purchases are defined as being "non-competitive" in price or availability. Examples include direct purchases from a manufacturer's sole sale agency or purchase of a particular brand of computer equipment because it is exclusively compatible with the server. Sole-source purchases must be approved by the Executive Director. If a sole source method of procurement is selected, the Executive Director shall submit a memorandum to the CRA Board justifying the use of the sole source purchase. 4