Loading...
HomeMy WebLinkAbout2008-06-24 CRA Board Special Meeting Agenda Packet AGENDA COMMUNITY REDEVELOPMENT AGENCY SPECIAL MEETING TUESDAY, JUNE 24, 2008 - 6:30 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. CRA Procurement Policies and Procedures 3. CRA Attorney Consultant Agreement 4. Scope for RFQ of Parcel 109 5. Adjournment CITY OF DANIA BEACH �[ Administrative Policy v i Title: Purchasing Policy for CRA Effective Date: Originating Department: CRA Distribution: Finance Director Policy Number: I. 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" are members of City of Dania Beach staff and/or community members chosen by the CRA Director 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, professional 1 service and all other 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. III. 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 $3,000 or under "Emergency"Situations When CRA Director requires supplies or service costing under $3,000 , it may be purchased without a purchase order at the discretion of the CRA Director without prior approval; 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 Chair or Vice Chair for approval before submitting to the Finance Department. Under Emergency circumstances, should purchases or services need to be acquired immediately, attach the vendor invoice to the check request and submit to the Chair or Vice Chair of the Board for 2 approval of payment. All emergency purchases exceeding $25,000 must be approved by the CRA Board prior to payment. B. Requisitions i. $3,001 - $25,000 Purchases costing more than $3,000 and less than $25,000 shall require a Requisition approved by the CRA Director, and approved by the Chair or Vice Chair of the CRA Board before any expenses can be occurred. A purchase order will be issued after the approval by the Chair or Vice Chair. A Purchase Order must be issued before a commitment is made to purchase the item or engage the service. 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. Budget approval (Chair or Vice Chair of the CRA Board) D. 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 $3,001 and $6,000. Three written quotes must be obtained for any purchase between $6,001 and $25,000 unless waived by Chair or Vice Chair of the CRA Board. If a resolution is approved authorizing the purchase of an item or engage of a professional service, 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. ii. 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. 3 Bid Requirement Competitive bidding process must be utilized for any purchase above $25,000. Florida Statute 287.055 must be adhered to. 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 CRA Board 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. A bid Committee made up of the CRA Director and others of his choosing must be established to review all bid packages. 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 may 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. 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 CRA Board for approval. 4 d) The CRA Board shall take a formal action 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 most qualified and responsible bidder, not necessarily the lowest. In the event that the lowest, responsible bidder is not the best qualified bidder, the CRA Director shall make a recommendation to the CRA Board in writing outlining the reasons for choosing another more qualified bidder. In determining the most qualified and 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. After the lowest or most qualified and responsible bidder is determined, a recommendation by the CRA Director for award of the bid will be submitted to the Director of Finance to confirm the consistency and completeness of the bidding process and the availability of the funding of the projects. Upon review by Finance the recommendation will be presented to the CRA Board for their approval. 5 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 arc 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 or Vice 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. YL Purchases Not Requiring Requisitions The following invoices shall not require requisitions or purchase orders, but must be approved by the Chair or Vice Chair of the CRA Board. a) Utility bills c) Petty Cash replenishment e) Temporary Agency personnel f) 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 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. It will be the CRA Director's responsibility to promptly notify the Director of Finance and the Chair and Vice Chair of the Board 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 6 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. D. Processing Invoices All invoices or receiving reports covering invoices shall be signed by the CRA Director and the Chair or Vice Chair of the Board where purchase order is issued or not before submitting for payment. Partial Receipt of Goods or Services. When only a partial shipment has been received, the CRA Director should approve the invoice, then the Chair or Vice Chair of the Board for partial payment and forward it 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 final payment. Even though partial payment is made, the purchase order remains open in order to pay the outstanding balance. Advance approval is required for travel and conference attendance and must be submitted on the "Travel Authorization Form", signed by the CRA Director, estimated cost reviewed by the Director of Finance and approved by the Chair or Vice Chair of the CRA Board. Approved By: Date: 7 GOREN, CHEROF, DOODY & EZROL, P . A. ATTORNEYS AT LAW SUITE 200 3099 EAST COMMERCIAL BOULEVARD FORT LAUDERDALE, FLORIDA 33308 PHONE: (954) 771-4500 FAX: (954) 771-4923 www.Dityatty.com SAMUEL S. GOREN DELRAY BEACH OFFICE'. DAVID N. TOLCES JAMES A. CHEROF 76 S.E. FIFTH AYENLE JAMILA V. ALEXANDER DONALDJ_ DOODY DEL RAY REACH, EL 33483 JACOB G. HOROWITZ KERRY L EZROL PHONE: (561) 276-9400 SHANA H. BRIDGEMAN MICHAEL D.CIRULLO, JR. FAX (561) 819-6559 ANNABELLA BARBOZA JULIE F. KLAHR STEVEN L. JOSIAS, OF COUNSEL PLEASE REPLY TO FORT LAUDERDALE ATTORNEY-CLIENT FEE CONTRACT This document(the "Agreement") is the written fee contract between Goren, Cherof, Doody & Ezrol, P.A. ("Counsel") and DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY ("Client"). 1. CONDITIONS. This Agreement will not take effect, and we will have no obligation to provide legal services, until a signed copy of this Agreement and the initial retainer/cost deposit called for under Paragraphs 5 and 6 is returned to the offices of Goren, Cherof, Doody& Ezrol, P.A. 2. SCOPE OF SERVICES. The Client is hiring Goren, Cherof, Doody and Ezrol, P.A., for special counsel legal services pursuant to Part III Chapter 163, Florida Statutes entitled the Community Redevelopment Act of 1969, as amended from time to time, which provides for the establishment, operation, and funding for a Community Redevelopment Area and the associated Community Redevelopment Agency at Dania Beach, within the State of Florida, on an as-needed basis and when directed by the Client's Board or Executive Director. 3. CLIENTS DUTIES. The Client agrees and acknowledges that it has a duty to cooperate with undersigned counsel, to keep Counsel informed of developments, to keep in contact with undersigned counsel, to abide by this Agreement, to pay all invoices on time and to keep Counsel advised of the Client's current addresses, and telephone numbers. The Client acknowledges this understanding by signing below. 4. PROFESSIONAL FEES. The Client understands and agrees that charges for professional services rendered will be by the hour at the prevailing rates for time spent on your matter by the law firm's legal personnel. The current hourly rates for legal personnel (and other billing rates) are set forth on the attached Rate Schedule. The Rate Schedule also provides for periodic increases. The Client will be charged for the time spent on telephone calls relating to this matter, including telephone conferences with the Client, opposing counsel, or court personnel. The legal personnel assigned to your matter will confer among themselves about the matter, as required. When they do confer, each person will charge for the time expended. Likewise, if more than one of our legal personnel attends a meeting, court hearing or other proceeding, each will Page 2 charge for the time spent. It is understood that SAMUEL S. GOREN and/or DAVID N. TOLCES are the responsible attorneys for this matter and their hourly billing rate is $195.00 per hour. In the event the Client has any questions regarding the activity or the charges as reflected on the invoices, please contact me immediately upon receipt of the invoice. 5. FEE RETAINER. A fee retainer in the amount of$-0- is required in this case. This retainer will be held throughout the period of our representation of the Client and will be applied by the law firm to the final bill. Depending on the development of a case or the complexity of the matter, the law firm may request an additional retainer. 6. COSTS AND OTHER CHARGES. The law firm may incur various costs and expenses on Client's behalf in performing legal services under this Agreement. The Clients agree to pay for those costs and expenses in addition to the hourly fees. The costs and expenses commonly include process servers' fees, fees fixed by law or assessed by courts and other agencies, court reporters' fees, long distance telephone calls, messenger and other delivery fees, excessive postage, photocopying and other reproduction costs, and other similar items. To facilitate the handling of this matter, the law firm requires that the Clients deposit a cost retainer in the amount of$-0-. This retainer will be used to expedite payment for filing fees, messengers, overnight delivery, court reporter and similar charges. Should the retainer for costs be depleted, the law firm may periodically request that the Clients deposit additional funds to replenish the cost retainer, or request an additional cost retainer. 7. BILLING STATEMENTS. Periodic statements will be sent for fees and costs incurred. Each statement will be due within 30 days of its date. The retainer is not applied to interim statements. 8. LIEN. The Clients hereby grant the law firm a lien on any and all claims or causes of action that are the subject of its representation under this Agreement. The lien will be for any sums owing to the law firm at the conclusion of the services. The lien will attach to any recovery the Clients may obtain, whether by arbitration award,judgment, settlement or otherwise. 9. DISCHARGE AND WITHDRAWAL. The Client may discharge the law firm at any time. The law firm may withdraw with the Client's consent or for good cause. Good cause includes a breach of this Agreement, the Client's refusal to cooperate with the law firm or to follow advice on a material matter or any fact or circumstance that would render the law firm's continuing representation unlawful or unethical. At the conclusion of all services, all unpaid charges will immediately become due and payable. After the services conclude, the law firm will, upon your request, deliver a file to you, along with any funds or property of yours in the law firm's possession. Client acknowledges that the law firm represents several governmental agencies and special districts. In the event of a conflict, the law firm shall have the right to resolve such conflicts as it deems fit, including withdrawal, consistent with the applicable Rules of Professional Conduct. 10. EFFECTIVE DATE. This Agreement will take effect once the Client has performed the conditions stated in Paragraph 1, but its effective date will be retroactive to the date Page 3 the law firm first performed services. The dates at the end of this Agreement are for reference only. Even if this Agreement does not take effect, the Client will be obligated to pay the reasonable value of any services the law firm may have performed for the Client. 1 have read and understand the foregoing terms and those set forth on the attached Rate Schedule and agree to them as of the date counsel first provided services. If more than one party signs below, we each agree to be liable, jointly and severally, for all obligations under this Agreement. GOREN, CHEROF, DOODY & EZROL, P.A. Date: /l i /D 0� By: Ini- -f c AMUEL S. OREN DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY Date: 5I Z8 I o5 By: 0�' Cv�X v,. Cam. C+ 1L.. S-A, CIL4 Page 4 RATE SCHEDULE A. Identification Client: Dania Beach Community Redevelopment Agency Matter: General Counsel Services B. Hourly rates for legal personnel Partners $195.00/hour Associates $150-185.00/hour Law Clerks $$100.00/hour Paralegals $$100.00/hour C. Standard Charges We charge for our time in minimum units of.10 hours. D. Costs and expenses In-office photocopying $ .35/page Telefacsimile transmittal $10.00 per fax Computer Research At Cost E. Subject to change The rates on this schedule are subject to change on 30 days written notice.