HomeMy WebLinkAboutRegular Meeting (109) MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, JANUARY 11, 2011 — 7:00 P.M.
1. Call to Order/Roll Call
Mayor McElyea called the meeting to order at 7:00 p.m.
Present:
Mayor: C. K. "Mac" McElyea
Vice-Mayor: Anne Castro
Commissioners: Bob Anton
Walter Duke
Bobbie Grace
City Manager: Robert Baldwin
City Attorney: Thomas Ansbro
City Clerk: Louise Stilson
2. Invocation and Pledge of Allegiance
Father Roger Holoubek, St. Maurice Catholic Church, asked for a moment of silence in
remembrance of those who were involved in the recent tragedy in Tucson, Arizona, followed by
the invocation and Pledge of Allegiance to the United States Flag.
3. Presentations and Special Event Approvals
3.1 Special Event request to add a Vintage Car Show to the previously approved 5th
Annual Dania Beach Vintage Motorcycle Show Special Event, to be held January 29,
2011 in the Dania Jai Alai Parking Lot from 10 a.m. to 5 p.m.
Vice-Mayor Castro motioned to approve the addition of the Vintage Car Show to the
previously approved Special Event request for the Vintage Motorcycle Show; seconded by
Commissioner Grace. The motion carried unanimously.
3.2 Special Event request by Third Eye Radio Productions for a Community Unity Day.
The event will be held Saturday, February 05, 2011 at 607 E. Dania Beach Boulevard
from 12:00 p.m. to 6:00 p.m.
Commissioner Grace motioned to approve the Special Event request for Third Eye Radio
Productions' Community Unity Day; seconded by Commissioner Duke. The motion
carried.
3.3 Special Event request by Clare Vickery for the Dania Beach Arts and Antique
Festival to be held January 28-30, 2011, from I" Avenue and Dania Beach Boulevard
to 1st Street
Commissioner Duke questioned how much time and money the City was spending on this event.
He thinks this event is geared toward one person and it is not such a great event.
City Manager Baldwin noted they have not requested funds.
Vice-Mayor Castro noted the Arts and Antique Festival benefits the City by attracting visitors to
our downtown.
Commissioner Duke motioned to approve the Special Event request for the Dania Beach
Arts and Antique Festival; seconded by Commissioner Grace. The motion carried
unanimously.
3.4 Special Event request for the Martin Luther King Day Celebration on January 17,
2011
Vice-Mayor Castro motioned to approve the Special Event request for the Martin Luther
King Day Celebration; seconded by Commissioner Duke. The motion carried
unanimously.
4. Proclamations
There were no proclamations at this meeting.
5. Citizen Comments
Guy Long, 450 SE 71h Street, #203, complimented BSO and members of the Commission for the
way they handled the recent burglary at his home.
George Jason, 4549 SW 37'h Avenue, invited everyone to attend the Mt. Sinai United Methodist
Church 105`h Anniversary on January 30, 2011 at 10:00 a.m.
6. Public Safety Reports
Joe Fernandez, Fire Chief, introduced the new City of Dania Beach BSO Fire Chief, Neil De
Jesus, and other members of the new team. He commended those who worked hard to make this
happen.
Minutes of Regular Meeting 2
Dania Beach City Commission
Tuesday,January 11,2011—7:00 p.m.
Chief Fernandez recognized Jean Wentworth, Driver-Engineer, who has been with the Dania
Beach Fire Department for twenty-seven years, for taking the lead in training the new
firefighters.
Chief Fernandez noted that a former member of the Dania Beach firefighter family passed away
and they will be reaching out to the family. He said that the member was William "Billy"
Brooks and he and his family had contributed a lot to the Fire Department. Chief Fernandez
advised he will invite the family to attend a future Commission meeting to receive the
remembrance.
Donn Peterson, BSO Chief of Police, introduced Sergeant Matthew Wendrow, the deputy
responsible for apprehending the criminals involved in the crime referenced under Citizen
Comments. He provided a summary of the incident.
Chief Peterson read a letter received from the mother of a victim involved in an armed robbery
where she expressed her gratitude and thanked BSO for their actions.
Chief Peterson announced that the Shred-a-Thon and Operation Medicine Cabinet held on
Saturday, January 8, was a success.
Vice-Mayor Castro noted another person lost his life on Griffin Road over the holidays. She
advised that she contacted the Metropolitan Planning Organization (MPO) and requested
financial assistance for a possible crosswalk. Vice-Mayor Castro also asked MPO for a
reduction in the speed limit in that neighborhood. She thanked BSO for patrolling that area.
Mayor McElyea recognized Bob Mikes, who requested to speak under Citizen Comments.
Bob Mikes, 601 NW 7a' Street, commented the Airport Advisory Board Newsletter will be going
out to inform the affected residents of the upcoming Broward County Commission meeting on
January 25. The Airport Advisory Board will have a Special Meeting on January 24 at 6:00
p.m., at City Hall, with a presentation by the Aviation Department representatives. He invited
everyone to attend this informative meeting.
Mr. Mikes noted that some cities are establishing budget committees to address items that may
have political ramifications. He thought it may be a good idea for the City to institute something
like that.
7. Consent Agenda
7.1 Minutes:
Approve minutes of December 14, 2010 City Commission/Airport Advisory Board
Workshop
Approve minutes of December 14, 2010 City Commission Meeting
Approve minutes of December 21, 2010 Special Meeting
Minutes of Regular Meeting 3
Dania Beach City Commission
Tuesday,January 11,2011 —7:00 p.m.
7.2 Travel Requests: None
Resolutions
7.3 RESOLUTION #2011-001
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, DECLARING
A 2000 FORD RANGER TRUCK TO BE OBSOLETE, SURPLUS AND OF NO FURTHER USE TO THE CITY
OF DANIA BEACH AND DECLARING THE INTENT OF THE CITY TO DISPOSE OF THE SAME AT THE
DIRECTION OF THE CITY MANAGER; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
Ordinances (Titles read by City Attorney)
7.4 ORDINANCE #2011-003
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,PROVIDING
THAT A PORTION OF SW 6th STREET BE CO-DESIGNATED AS HAROLD A. DAVIS STREET, WHICH
PORTION IS LOCATED BETWEEN PHIPPEN-WAITERS ROAD AND SW 12th AVENUE IN THE CITY OF
DANIA BEACH, PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
7.5 ORDINANCE#2011-004
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
SECTION 18-43 "OPTIONAL FORMS OF BENEFITS", OF THE CITY CODE OF ORDINANCES RELATING
TO THE POLICE AND FIREFIGHTERS' PENSION PLAN; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
Vice-Mayor Castro motioned to adopt the Consent Agenda; seconded by Commissioner
Grace. The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Duke Yes Mayor McElyea Yes
Commissioner Grace Yes
8. Bids and Requests for Proposals
There were no proposals on this agenda.
9. Public Hearings and Site Plans
9.1 ORDINANCE#2011-001
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
ARTICLE 115, "INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL EXCEPTION USES, AND
CONDITIONS OF USE" OF THE LAND DEVELOPMENT CODE TO ALLOW OUTDOOR STORAGE OF
Minutes of Regular Meeting 4
Dania Beach City Commission
Tuesday,January 11,2011 —7:00 p.m.
PASSENGER VEHICLES,TRAILERS AND TRACTOR-TRAILERS AS A SPECIAL EXCEPTION USE IN THE
I-G ZONING DISTRICT AND PROVIDING FOR CONDITIONS OF USE; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND
READING)
City Attorney Ansbro read the title of Ordinance #2011-001.
Kristin Dion, City Planner,was available to answer questions.
Mayor McElyea opened the Public Hearing.
Gary Brooks, attorney for the applicant, provided a history of the business requesting the zoning
change. He explained that they have been in the neighborhood for 11 years, and they are a good
neighbor, keeping the property clean and neat. Attorney Brooks pointed out that this company
has 13 employees that would lose their jobs if this request is not approved. He noted that the
approval of this ordinance would allow them to apply for a special exception in the I-G zoning
district with a sunset period of five years. Attorney Brooks further stated that they have agreed
to all the conditions established by the City.
Bob Mikes, 601 NW 71h Street, noted there should be another way to achieve the request without
opening up a type of zoning that could give us a problem in the future. He asked for the request
to be continued until the City Attorney has time to devise another solution. Mr. Mikes remarked
that the five feet buffer will not work.
City Attorney Ansbro responded that the Planning and Zoning Board was sympathetic with the
applicant. He noted that this was tailored by staff to meet the requirements of the business. City
Attorney Ansbro indicated that there have been no complaints from the adjacent neighbors.
Lastly,he advised that the applicant would still be required to apply for a special exception use if
the zoning is changed.
Mr. Mikes expressed concern with the depreciation of home values if the zoning is changed.
Seeing as there was no one else to speak in favor or opposition, Mayor McElyea closed the
Public Hearing.
Vice-Mayor Castro motioned to adopt Ordinance #2011-001, on second reading; seconded
by Commissioner Duke.
Vice-Mayor Castro clarified for the record that the approval tonight is just to enable the applicant
to apply for a special exception; it does not give them any rights.
Kristin Dion, City Planner, explained the criteria at the request of Commissioner Anton.
The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Duke Yes Mayor McElyea Yes
Minutes of Regular Meeting 5
Dania Beach City Commission
Tuesday,January 11,2011 —7:00 p.m.
Commissioner Grace Yes
9.2 ORDINANCE #2011-002
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR A COVENANT TO
BUDGET AND APPROPRIATE LEGALLY AVAILABLE FUNDS TO PAY AN AMOUNT EQUAL TO THE
CITY'S ANNUAL CONTRIBUTION TO THE TAX INCREMENT FINANCING (TIF) OF THE CITY OF
DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY(THE "CRA")FOR THE TERM OF THE CRA;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the title of Ordinance #2011-002.
Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, he closed the Public Hearing.
Vice-Mayor Castro motioned to adopt Ordinance #2011-002, on second reading; seconded
by Commissioner Duke. The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor Castro Yes
Commissioner Duke Yes Mayor McElyea Yes
Commissioner Grace Yes
10. Discussion and Possible Action
10.1 Discussion to change City Commission meeting dates due to the February 8, 2011
Primary Election and March 8, 2011 General Election
The Commission unanimously agreed to change the City Commission meeting date to
Wednesday, March 9, 2011.
10.2 Request for sponsorship of the 2011 Broward Black Elected Officials Gala on
February 27, 2011 at the Seminole Hard Rock Hotel and Casino. ($1,500.00 for Table
Sponsor, plus $150.00 Gala Ticket) - Commissioner Grace
Commissioner Grace noted they provide scholarships for all children in Broward County, not
special groups. She stated that she is happy that she gave up her trip to Denver for this event.
Commissioner Duke noted Commissioner Grace is a good representative of the City. He thought
this is a good opportunity to raise scholarship funds for our children.
Mayor McElyea noted that Commissioner Grace could pay the $150.00 Gala ticket from the
$500.00 expense allowance that all Commissioners receive every month.
Commissioner Grace noted she will do that. She further requested information on a scholarship
fund that the City had with Dania Jai Alai.
Minutes of Regular Meeting 6
Dania Beach City Commission
Tuesday,January 11,2011 —7:00 p.m.
Commissioner Anton agreed on the expense account. He noted that, during these difficult
economic times, he did not see the need for the City to purchase a table for $1,500.00.
Commissioner Anton said that he would rather see the funds go into our community.
Commissioner Duke motioned to approve the request for a $1,500.00 Table Sponsorship
for the 2011 Broward Black Elected Officials Gala; seconded by Commissioner Grace. The
motion was defeated on the following 2-3 Roll Call vote:
Commissioner Anton No Vice-Mayor Castro No
Commissioner Duke Yes Mayor McElyea No
Commissioner Grace Yes
11. Commission Comments
11.1 Commissioner Anton
Commissioner Anton commented that we lost the lawsuit on the Airport Litigation. He noted
that Attorney McAliley requested a Shade Meeting on Tuesday, January 25, prior to the
Commission meeting. Commissioner Anton indicated that there will be no additional cost to the
City to proceed with our motion for rehearing. He advised that we are still waiting for our court
date on the Interlocal Agreement case.
Commissioner Anton asked staff to look into the declining property values in the Airport related
areas. He requested a staff person to do an evaluation and bring forward a report.
Commissioner Anton congratulated staff and BSO for making the fire merger go through. He
noted he was very pleased to be a part of this process which will benefit everyone.
11.2 Commissioner Duke
Commissioner Duke noted that former State Senator Dave Aronberg was appointed as special
counsel to lead an intensive anti-pill mill initiative. He asked City Attorney Ansbro to contact
Mr. Aronberg at the law offices of Greenspoon Marder in West Palm Beach.
Commissioner Duke spoke about the recent tragedy in Tucson, Arizona. He noted that it is
possible to have opposing views, but civility is about making certain that speech or action is
measured accurately against what is at stake.
Commissioner Duke referred to the Airport ruling. He noted we are at a critical point in this
negotiation and this is the time for all of us to work together. Commissioner Duke welcomed the
Shade Meeting on January 25, 2011.
Commissioner Duke noted that Bilmar Gardens Retirement Home on Federal Highway was
finally closed due to the disgusting and uninhabitable conditions in which the elderly lived. He
Minutes of Regular Meeting 7
Dania Beach City Commission
Tuesday,January 11,2011 —7:00 p.m.
thanked City staff and Carole Duncanson, our Lobbyist in Tallahassee, for their assistance.
Commissioner Duke advised that the owners will not get their business tax license back until the
place is clean and in compliance.
11.3 Commissioner Grace
Commissioner Grace spoke about community events in the City.
Commissioner Grace noted she will reach out to other people to get the $1,500.00 for the Black
Elected Officials Gala.
11.4 Vice-Mayor Castro
Vice-Mayor Castro requested a process/policy for sidewalks, lights and traffic calming for the
past year. She volunteered to help staff develop what she has been requesting.
Vice-Mayor Castro requested an update on the 5a' Avenue traffic calming project.
City Manager Baldwin responded we are getting back on track after the Oasis project.
Vice-Mayor Castro noted that the Dania Beach Library is the most beautiful library building in
Broward County. She suggested having a turn over ribbon-cutting ceremony first, where we can
bring people in to see that this is the beginning of development in Dania Beach. Vice-Mayor
Castro also recommended having a second event for the grand opening where the community is
invited. She hopes that staff is preparing the two events and that the Commission will support
them.
Vice-Mayor Castro spoke about the Airport issue. She noted she likes Commissioner Anton's
idea to try to find the property values as a result of the Airport expansion. Vice-Mayor Castro
thought it was time to tell the County that they should consider giving us a TIF for our CRA.
She commented that the new County Commissioner comes from a TIF-less city.
Vice-Mayor Castro commented on the recent shooting in Tucson, Arizona. She noted that
political campaigns in Dania Beach tend to get dirty and ugly. Vice-Mayor Castro asked all the
candidates for the March Election to stop the personal attacks. She remarked that we are a small
city and sooner or later we will have to work together.
11.5 Mayor McElyea
Mayor McElyea noted there is a cracked sidewalk in the southeast area that needs repair.
Mayor McElyea noted there is graffiti throughout the City that needs to be removed.
Mayor McElyea talked about the beach clean-up. He commented we have sprinklers that need
repair or removal.
Minutes of Regular Meeting g
Dania Beach City Commission
Tuesday,January 11,2011 —7:00 p.m.
Mayor McElyea asked for the status of the Dania Beach Pier and Restaurant issue.
City Attorney Ansbro responded we are getting ready for a jury trial. He noted he will report
when the date is set.
12. Appointments
There were no appointments at this meeting.
13. Administrative Reports
13.1 City Manager
City Manager Baldwin thanked Public Services Director Orlando for the progress on the Oasis
project.
City Manager Baldwin noted that BSO is working on the graffiti and the fire merger. He advised
that the fire merger transition will not be completed until the end of January.
City Manager Baldwin noted he distributed information on the Legislative package that will be
taken to Tallahassee. He requested feedback from the Commission once they have reviewed
their packages.
City Manager Baldwin noted it is time to hire a state lobbyist and added that Carole Duncanson
has done a good job. He indicated that preparing an RFP to hire a lobbyist may be an extensive
task; although it is not always necessary to use this process for a lobbyist.
Commissioner Duke suggested we keep Carole Duncanson this year and do an RFP next year.
It was the consensus of the Commission to keep Carole Duncanson this year.
City Manager Baldwin further noted we should consider hiring a Federal Lobbyist who could
specialize in transportation issues.
Colin Donnelly, Assistant City Manager, noted that Congresswoman Debbie Wasserman-Schultz
will gladly put our request forward at the next Legislative session. He advised that her office
suggested that if we hire a lobbyist it should be for transportation issues.
Discussion followed between the Commission and Assistant City Manager Donnelly regarding
the possibility of using Marlowe and Company for transportation issues.
Assistant City Manager Donnelly noted that Marlowe and Company specializes in beach
communitiesibeach re-nourishment.
Minutes of Regular Meeting 9
Dania Beach City Commission
Tuesday,January 11,2011 —7:00 p.m.
Vice-Mayor Castro thought we should schedule a Workshop to discuss our Legislative priorities.
City Manager Baldwin advised he will bring more information at the next Commission meeting.
13.2 City Attorney
City Attorney Ansbro noted that the Attorney/Client Session to discuss the Airport litigation will
be held on Tuesday, January 25, 2011 at 6:00 p.m.
City Attorney Ansbro advised that the Charter Board ballot questions will be on the March
Election ballot. He indicated that the City cannot advertise for these items. City Attorney
Ansbro proposed to begin attending the civic association meetings and speak on the issues. He
added that the former Charter Review Board members could also attend those meetings and give
their factual opinions.
Vice-Mayor Castro noted that the information needs to get to the voters. She suggested posting
it on the City's Web Site as well as the Dania Press. Vice-Mayor Castro remarked that there
must be an educational opportunity for the voters to be aware of the proposed amendments, other
than the Sun Sentinel.
City Manager Baldwin noted he has discussed this matter with staff.
13.3 City Clerk - Reminders
Thursday, January 20, 2011 - 6:00 p.m. Abatement Hearing
Tuesday, January 25, 2011 - 7:00 p.m. City Commission Meeting
Wednesday, February 2, 2011 - 6:00 p.m. CRA Board Meeting
14. Adiournment
Mayor McElyea adjourned the meeting at 8:43 p.m.
�EST� CITY OF DANIA BEACH
LOUISE STILSON, CMC -s Futsr� C. K. MCELYEA
CITY CLERK �o� MAYOR-COMMISSIONER
Approved: January 25, 2011
Minutes of Regular Meeting 10
Dania Beach City Commission
Tuesday,January 11,2011 —7:00 p.m.
I�
REQUEST TO ADDRESS
CITE' COMMISSION AT REGULAR
OR SPECIAL MEETINGS
The City is required by state law to keep minutes of City Commission meetings. To properly identify
persons who address the City Commission in those minutes,the City requests that this form be completed
and provided to the City Clerk, before the meeting begins.
DATE OF COMMISSION MEETING: ` VV-!� , 201
PRINT NAME: U �q Y-)git
ADDRESS: r5
PHONE NO. (optional):
PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW:
1) )�,_CITIZEN COMMENTS:
Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each
Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall
be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The
citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments.
Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the
meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a
meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b)
whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another
speaker.
PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT:
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2) - PUBLIC HEARINGS-ITEM# (AS PRINTED ON AGENDA)
PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A
SITE PLAN, VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL" MATTER, YOU
ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR
TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S
REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE
PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN
THE CITY CLERK'S OFFICE AT CITY HALL.
GAAgenda\PUBLIC SPEAKING FORM.doc
r , REQUEST TO ADDRESS
CITY COMMISSION AT REGULAR
OR SPECIAL MEETINGS
The City is required by state law to keep minutes of City Commission meetings. To properly identify
persons who address the City Commission in those minutes,the City requests that this form be completed
and provided to the City Clerk, before the meeting begins.
DATE OF COMMISSIIO��N MEETING: / // _ 201L
PRINT NAME:
ADDRESS: �6�y9 SA/ :3 Ayer
PHONE NO. (optional): e.6� 9j:?7-i9_9,V 7
PLEASE.CHHECK ONE OR BOTH OF THE BOXES BELOW:
1) - CITIZEN COMMENTS:
Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each
Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall
be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The
citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments.
Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the
meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a
meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b)
whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another
speaker.
PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT:
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2) _PUBLIC HEARINGS-ITEM# (AS PRINTED ON AGENDA)
PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A
SITE PLAN, VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL" MATTER, YOU
ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR
TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S
REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE
PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN
THE CITY CLERK'S OFFICE AT CITY HALL.
G:WgendatPUBLIC SPEAKING FORMAoc
REQUEST TO ADDRESS
CITY COMMISSION AT REGULAR
OR SPECIAL MEETINGS
The City is required by state law to keep minutes of City Commission meetings. To properly identify
persons who address the City Commission in those minutes, the City requests that this form be completed
and provided to the City Clerk,before the meeting begins.
DATE OF COMMISSION /MEETING: J�� / / 20_//
PRINT NAME:
ADDRESS:
PHONE NO. (optional):
PLEASE CHECK QNjt0KBOTH OF THE BOXES BELOW:
1) - _CITIZEN COMMENTS:
Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each
Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall
be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. The
citizen comments' period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments.
Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the
meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a
meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b)
whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another
speaker.
PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT:
2) - _PUBLIC HEARINGS-ITEM#_ (AS PRINTED ON AGENDA)
PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A
SITE PLAN, VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL" MATTER, YOU
ARE SUBJECI TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR
TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S
REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE
PURSUANT TO CITY ORDINANCE NO. 01.93.REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN
T'HE CITY CLERK'S OFFICE AT CITY HALL.
G:Wgmda\PUBLIC SPEAKING FORM.doc
NOTICE OF HEARING BEFORE CITY COMMISSION OF
THE CITY OF DANIA BEACH, FLORIDA, REGARDING
ADOPTION OF THE FOLLOWING PROPOSED ORDINANCE:
NOTICE IS GIVEN that on January 11, 2011 at 7.00 p.m. or as soon thereafter as the matter may
be heard, the City Commission of the City of Dania Beach, Florida, will conduct a public hearing
in the Commission Chamber at Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania
Beach, Florida, to consider the proposed adoption of the following ordinance:
ORDINANCE NO. 2011-002
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR A
COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE FUNDS TO PAY
AN AMOUNT EQUAL TO THE CITY'S ANNUAL CONTRIBUTION TO THE TAX
INCREMENT FINANCING (TIF) OF THE CITY OF DANIA BEACH COMMUNITY
REDEVELOPMENT AGENCY (THE "CRA") FOR THE TERM OF THE CRA; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
A copy of the proposed ordinance is on file in the Office of the City Clerk, City Hall, 100 West
Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during
normal business hours.
Interested parties may appear at the meeting and be heard with respect to the proposed ordinance.
Any person who decides to appeal any decision made with respect to any matter considered at
this 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.
In accordance with the American with Disabilities Act, persons needing assistance to participate
in any of the proceedings should contact the City Clerk's Office, 100 West Dania Beach
Boulevard, Dania Beach, Florida 33004, (954) 924-6800 Ext. 3624 at least 48 hours prior to the
meeting.
/s/ Louise Stilson
City Clerk
Run in Sun Sentinel: Thursday, December 30, 2010
Date: January 11, 2010
To: Mayor C. W. McElyea
Vice Mayor Anne Castro
Commissioner Bob Anton
Commissioner Waiter B. Duke III
Commissioner Bobbie Grace
From: Robert Baldwin, City Manage
Re: Manager's Report—Legislative Package
We had hoped to have you a Legislative Package for this agenda; however, due to some other
priorities it was not completed by the agenda deadline. We will have you a package at the next
City Commission meeting. Attached you will find a copy of some legislative information for your
consideration prior to the next meeting. The Broward League of Cities has not yet released their
priorities
In general,we are proposing that the Commission adopt the Florida League of Cities Legislative
Action Agenda to pursue as City policy in Tallahassee. Some key legislation for our input include:
-Pension Reform Legislation
-Responsible Tax Reform
-Expenditure/Revenue Issues including Protection of State Shared Revenues
-Protection of State Transportation Funds
-Protection of Home Rule Authority
-Casino Gambling and Tourism Issues
-Marine and Boating Industries Issues including development of Working Waterfronts
-Unfunded Mandates
-Water Supply Funding, Water Quality and Storm Water Retention Strategies
-School Resource Officer Funding
-Protection of Remote Red Light Violation Enforcement
-Growth Management Issues and streamlining to encourage responsible development
-Alternative and Renewable Energy Issues
Additionally,we will be seeking direction from the City Commission on both a federal and a state
legislative lobbyist. Because time is of the essence, especially with the State legislative session,
we may wish to seek quote from our most recent State legislative lobbyist. Carole Duncanson
was helpful during our efforts to bring our Ten-Year Water Supply Plan into compliance. The City
of Fort Lauderdale utilized a lengthy RFP process (attached).
The Federal intent not to fund earmarks may also dictate what type of Federal lobbyist we may
wish to acquire. In the event that earmarks are allowed, the proposed Federal Appropriation
requests,attached for your consideration, will be made to the City's Federal representatives.
LEAGUE OF CITIES
a.,
LEGISLATIVE
ACTION AGENDA
The Florida League of Cities is the champion of home rule in
Florida. Florida's constitution empowers citizens with the right of
local self-government, or home rule. Cities are the embodiment
of this right. Cities are formed by citizens and are governed by citizens.
They administer the local affairs of the community for the special benefit
of the city's residents. The form of
government and level of services a city
provides are fundamental expressions
of home rule. Home rule is why no
two cities are alike. Florida's city
residents take pride in this diversity
and responsibility. Strong home rule
powers ensure that government
stays close to the people it serves.
Intrusion on home rule from the
state or federal government
undermines the constitutional
right of local citizens to govern
themselves.
The Florida League of Cities
opposes unfunded mandates from any level of
government. An unfunded mandate is when one government forces
another level of government to take some action that spends or reduces
revenue, without providing any resources to offset the impact. Unfunded
mandates are the antithesis of government transparency. Mandates
conceal the connection between the taxes city residents pay and the
services they receive. Unfunded mandates cause local city leaders to be
held accountable for decisions made by others who live far away and
who are not accountable for the fiscal impact on local taxpayers. The
Florida Constitution prohibits unfunded mandates from state government
except under certain conditions. This provision was added to the
constitution in 1990 after Floridians became fed up with being forced
to pay for state programs with local tax dollars. Yet in spite of the clear
preference of Florida's residents, unfunded mandates have continued
with increasing frequency.
2011 Florida League of Cities
Legislative Action Agenda
RECLAIMED WATER
LEGISLATIVE PRIORITY
The Florida League of Cities will support legislation
clarifying that reclaimed water is a product generated
by a utility treatment process. As such, reclaimed
water should not be subject to regulatory actions
by the water management districts, but should
remain available for use as an integral
element of a utility's water supply plan and
permitted discharge strategy. Furthermore,
the Florida League of Cities will support
legislation which provides that any
quantities of water made available
by the use and/or generation of
reclaimed water should be allocated
to the reclaimed water provider,and
which supports the home rule powers of
a municipality to create "mandatory reuse
zones" within its jurisdiction.
ALTERNATIVE AND RENEWABLE ENERGY
LEGISLATIVE PRIORITY
The Florida League of Cities will support legislation that incentivizes the
development and implementation of a meaningful statewide renewable
and alternative energy policy and that encourages the development of
new technologies to help create jobs and industries in Florida. Such
energy policy shall include a renewable energy minimum standard and
should provide tax incentives for the use of renewable energy sources.
enhance competitive procurement by public entities of all renewable
energy supplies, and ensure the ability of Florida municipalities to obtain
3
and use renewable energy. The policy should also encourage mass
transit, transit-oriented development policies and other transportation-
related energy-efficiency practices; and provide technical assistance
and funding sources for local governments to assist in the development
and implementation of state energy policies including public education
programs, sustainable building, contaminant emission reduction
strategies, and other policies as part of a comprehensive sustainable
statewide energy policy.
REVENUE AND EXPENDITURE CAPS
LEGISLATIVE PRIORITY
The Florida League of Cities opposes state-mandated revenue or
expenditure caps. State-mandated caps usurp the home rule powers of
municipal residents to self-determine the form of their government and
their desired level of service. A cap would be unworkable for any level
of government in Florida, unless such proposal, at a minimum:
1. Applies to either revenues or expenditures, but not both;
2. Includes a "time-out" provision in case it becomes necessary
to suspend the cap proposal due to unusual economic
circumstances; and
3. Reflects the true level of inflation incurred by Florida
governments in providing services.
i
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Further, if the Legislature chooses to reject home rule and instead man-
date caps on local governments, any such proposal should, at a minimum:
1. Exclude any resources committed to complying with a mandate
imposed by another level of government;
2. Apply equally to the state and all types of local government; and
3. Exempt the following revenue sources:
■ Proprietary, special revenue and fiduciary funds;
■ State and federal funds, such as grants, which are not
controllable;
■ Referendum revenues;
■ One-time revenues including but not limited to donations,
sales of property, settlement of disputes, insurance
proceeds, etc.;
■ Revenues not subject to the control of the receiving
government;
■ Revenues committed to the repayment of debt:
■ Franchise fees, rental fees, impact fees, permit fees and
other contractual revenues for which a direct service is
provided in exchange;
■ Revenues from voluntary recreational fees or similar
entertainment-related fees;
■ Revenues received in response to a catastrophic event: and
■ Revenues related to defensive litigation, workers'
compensation claims or other risk-management activities,
which are not controllable.
MUNICIPAL POLICE OFFICER AND
FIREFIGHTER PENSION PLANS
LEGISLATIVE PRIORITY
The Florida League of Cities will support legislation that provides
comprehensive municipal firefighter and police officer pension reform.
Pension mandates directly conflict with the Legislature's desire to limit
government spending. Any comprehensive pension-reform package
should, at a minimum, address the following:
5
■ Require that determinations of average final compensation
in defined-benefit pension plans include salary only, and do
not include pay for overtime, unused leave time or any other
additional payments;
■ Allow recipients (cities and special districts) of insurance
premium tax revenues under Chapters 175 or 185, Florida
Statutes, to use these funds to pay for the costs of current plans
and to lower required plan contributions from the plan sponsor;
■ Allow cities to convert firefighter and police officer defined-
benefit pension plans operating under Chapters 175 or 185,
Florida Statutes,to the Florida Retirement System (FRS) or
another type of plan without losing insurance premium tax
revenues;
■ Allow cities desiring to place their public safety officers into the
Special Risk Class of the FRS the opportunity to purchase past
credit service at an up to 3 percent annual accrual rate rather
than the current up to 2 percent;
■ Allow deviation from state requirements if agreed to by the
employees or their union;
■ Restrain the Florida Division of Retirement's non-rule-based
administrative activities and restrict the division's broad
interpretations of the provisions in Chapters 112, 175 and 185,
Florida Statutes,that result in increased costs to pension plan
sponsors;
■ Change the governance structure of pension boards of trustees
to move away from having plan participants serve on the boards;
and
■ Provide flexibility to local governments in the FRS by allowing
them to either retain a standard defined-benefit plan, or at the
employer's option move to a different retirement plan, such as a
hybrid or modified "defined-benefibdefined-contribution" plan.
6
GROWTH MANAGEMENT
LEGISLATIVE PRIORITY
The Florida League of Cities supports legislation that:
■ Defines a role for the Florida Department of Community
Affairs or its equivalent to provide local governments technical
assistance while limiting regulatory powers to only those issues
requiring interregional coordination:
■ Streamlines growth management processes, including reporting
requirements, particularly for fiscally constrained or built-out
municipalities; and
■ Acknowledges municipal home rule powers in the local
application of the pending ordinance doctrine as established
by the courts.
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TRANSPORTATION
LEGISLATIVE PRIORITY
The Florida League of Cities will support legislation that provides
proportionate, dedicated and recurring revenue sources for multi-
modal municipal and regional transportation projects to ensure that
local conditions and needs are addressed. The League will support
legislation that
■ Alters the current taxing authority for the 2nd local option gas
tax (ELMS Nickel) to authorize cities to levy — by referendum —
up to 2 cents of the existing 5-cent local option gas tax
authorized by statute;
■ Authorizes the Floi ida Department of Trans °`- tion to increase
funding to support local and regional trans nd transit
alternatives, including "cumpiete street" pro
Prohibits the transfer of State Transportation T r
non-transportation purposes.
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UNFUNDED MANDATES
LEGISLATIVE PRIORITY
The Florida League of Cities will support legislation that strengthens the
prohibition on existing and new unfunded mandates, requires enhanced
staff analyses of quantification of the costs to cities, and ensures full state
funding sources be assigned whenever unfunded mandates are identified.
ECONOMIC DEVELOPMENT
LEGISLATIVE PRIORITY
The Florida League of Cities will support legislation that strengthens
Florida's economy through the creation of jobs. Such legislation should:
■ Enact an urban economic development policy for the State of
Florida;
■ Attract businesses for relocation and/or expansion in Florida's
urban settings by enacting measures that will promote Florida as
a nationally recognized leader in favorable business tax climates;
■ Preserve and promote affordable or workforce housing and
appropriate all housing trust fund monies to existing housing
programs and remove the cap on distributions into the Sadowski
Trust Fund;
■ Fund urban public infrastructure projects through various means,
such as the leveraging of private investments through state tax
credits;
■ Establish public/private partnerships to promote redevelopment
and encourage infill development, preservation and reuse in
Florida's cities;
■ Create a highly skilled workforce by investing in educational
initiatives that reflect the needs of existing and emerging
business markets; and
■ Solicit additional federal tax credits for environmentally
sustainable and affordable housing and local government
infrastructure.
9
t.
EFFECTIVE PUBLIC NOTICE
LEGISLATIVE PRIORITY
The Florida League of Cities will support legislation authorizing
municipalities to provide effective public notice and advertising
for various matters, not to include ad valorem taxation millage
setting, by means other than newspapers. Effective public notice
may include, but is not limited to, direct mailings, physical posting
of property. Internet posting, free publications. government-access
television channels and other suitable alternatives.
SUBSIDIZED INSURANCE COVERAGE
FOR RETIREES
LEGISLATIVE PRIORITY
The Florida League of Cities will support legislation that removes
statutory requirements for cities and other public employers to offer
subsidized health, hospitalization and other insurance coverages for
retirees.
10
r
r
2011 Key Oates i
l
r
January
11-13 House/Senate Interim Committee Week
25-27 House/Senate Interim Committee Week
February
7-10 Florida League of Cities Federal Action Strike Team
(FAST) Fly-In — Washington, D.C.
8-10 House/Senate Interim Committee Week
15-17 House/Senate Interim Committee Week
22-24 House/Senate Interim Committee Week
March
8 Opening Day of the 2011 Regular Legislative Session
13-17 National League of Cities Congressional City
Conference, Washington, D.C.
22 Florida League of Cities Legislative Action Day —
Tallahassee-Leon County Civic Center, Tallahassee
May
6 Last Day of 2011 Regular Legislative Session
August
11-13 Florida League of Cities Annual Conference —
Orlando World Center Marriott
November
17-18 Florida League of Cities Legislative Conference —
Hyatt Regency Orlando International Airport Hotel
December
8-12 National League of Cities Annual Congress of Cities
and Exposition, Phoenix, Az.
11
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2011 Florida League of Cities
Lobbying Team
Rebecca O'Hara
Director
Legislative Affairs and Communication Department
E-mail: rohara@flcities.com
All State Issues
2'. Public Affairs and Communication
John Thomas
Director
Policy and Political Affairs Department
E-mail:jthomas@flcities.com
Federal Issues
Policy and Political Affairs
Kraig Conn
Deputy General Counsel and Legislative Counsel
Legal Department
E-mail: kconn@flcities.com
Billboards Insurance Premium Tax
Finance&Taxation Insurance
Constitutional Issues Retirement/Pension Issues
Elections Telecommunications
Employee Relations Workers'Compensation
Ethics
Casey Cook
Legislative Advocate
+;. Legislative Affairs and Communication Department
'- E-mail: ccook@ficities.com
Growth Management
Property Rights
Impact Fees
Public Safety
Building Code/Construction
Transportation
Highway Safety
Rights of Way
13
Scott Dudley
Associate Director, Legislative Affairs
Legislative Affairs and Communication Department
E-mail: sdudley@flcities.com
Environmental
Energy
Hazardous Materials
General Utilities/Fees
Solid Waste
Stormwater
Water Quality/Wastewater
Water Supply/Policy
Kenneth Pratt
bs. Legislative Advocate
Legislative Affairs and Communication Department
E-mail: kpratt@flcities.com
Community Redevelopment
Economic Development
Emergency Management
Eminent Domain
Homeland Security
Housing
Special Districts
Public Meetings and Public Records
Purchasing
Quasi Judicial/Public Access
Ordinance/Code Enforcement
Annexation
Charter Counties
Rose Hall
Administrative Assistant
Legislative Affairs and Communication Department
E-mail: rhall@flcities.com
General Legislative Questions
14
his brochure reflects the priorities of 410
municipalities, as prepared by the five
legislative policy committees and adopted
by the full membership at the Florida League of
Cities 50th Annual Legislative Conference on
November 19, 2010. in Orlando.
2010-2011 Officers
President
Mayor Joy Cooper, Hallandale Beach
First Vice President
Mayor Patricia Bates. Altamonte Springs
Second Vice President
Mayor Manny Marono, Sweetwater
The Florida League of Cities, Inc., formed in 1922,
represents the municipalities of Florida. Its mission
is to concentrate the influence of all city, town and
village officials upon other policymaking bodies
for the purpose of shaping legislation and public
policy, sharing the advantages of cooperative
action, and exchanging ideas and experiences.
For more information on the League's legislative
initiatives, please contact:
Florida League of Cities
P.O. Box 1757
Tallahassee, FL 32302-1757
Phone: (850) 222-9684
Fax: (850) 222-3806
Visit the League's Web site at www.ficities.com,
BidSync: To Be Awarded BidSync Page 1 of 2
40BIDISYNC
CITY OF FORT LAUDHRDALQ
Help
Create Bid I View Bids I History I Calendar aeecohen -City roof Fort Lauderdale
�y Schedule IJ Task EI Note
Go to Bid Information Tabulation Repoli Award Report Co-op Tabulation Report
Awarded Bid #195-10353 - State
Legislative Lobbyist Services IN Send PreAward Notification I Weighted I All Bids Entered
DESCRIPTION
1 - State Legislative Lobbyist Services
Awarded Supplier Qualifications Unit Price Qty Price Attch. Docs Offer Notes My Notes
Erlcks
Consultants. $36,000.00 1 $36,000.00
Inc.
Gomez Barker
Associates. $45,000.00 1 $45,000.00
Inc.
Saves Flees IM$47,999.00 1 $47,999.00
Colodny.
Ed.% rr yy
Talenfeld, ay$50,000.00 1 $50,000.00
Karllnskv &
Al2AU
Ronald L. $50,000.00 1 $50,000.00
Book. P.A.
Lewis.
Longman& $55,000.00 1 $55,000.00
Walker
PENNINGTON.
MOORS
WILKINSON, $55,D00.00 1 555,000.00
BELL$
DUNBAR PA
Floridian $85,000.00 1 $85,000.00
Partners
Supplier Notifications
Agency Invited 545
No Bid Count 0
PREAWARD NOTIFICATION ATTACHMENT
RFP Cost Ranking 10353.xls [download] [PDFl
RFP 10353 EVALUAnQN COMMITTEE SCORE TAB- FINAL xis [dgwNgad] [EDP]
All bids/proposals submitted for the designated project are reflected on this tabulation sheet.However,the listing of the bid/proposal on
this tabulation sheet shall not be construed as a comment on the responsiveness of such bid/proposal or as any Indication that the
agency accepts such bid/proposal as being responsive.The agency will make a determination as to the responsiveness of the vendor
https://www.bidsyne.com/DPX?ac=awgrouplist&auc=340147&supsrch= 1/11/2011
City of Fort-auderdale Bid 195-10353
Solicitation 195-10353
State Legislative Lobbyist Services
.CITY OF FORT LAUDERDALE
City of Fort Lauderdale
Jan 11,2011 1:28:54 PM EST P. 1
City of Fort Lauderdale Bid 1g:i--^OSb3
Bid 195-10353
State Legislative Lobbyist Services
Bid Number 195-10353
Bid Title State Legislative Lobbyist Services
Bid Start Date Dec 4, 2009 4:03:43 PM EST
Bid End Date Feb 1, 2010 2:00:00 PM EST
Question &
Answer End Jan 13, 2010 2:00:00 PM EST
Date
Bid Contact Michael F Walker
Procurement&Contracts Manager
Procurement
954-828-5677
mwal kerofortl au derd a le.gov
Changes made on Dec 21, 2009 4:26:30 PM EST
New Documents RFP 103S3 Addendum No. 1 Dated 122109.doc
. Previous End Date Dec 30, 2009 2:00:00 PM EST New End Date Feb 1, 2010 2:00:00 PM
EST
Previous Q &A End Date Dec 18, 2009 2:00:00 PM EST New Q &A End Date Jan 13, 2010 2:00:00 PM
EST
Changes were made to the following items:
State Legislative Lobbyist Services
Changes made on Dec 22, 2009 2:27:27 PM EST
New Documents RFP 10353 State Legislative Lobbyist Services 2-Revised.doc
RFP 103S3 Addendum No. 2 Dated 122209.doc
Removed Documents RFP 10353 State Legislative Lobbyist Services 2-Revised.doc
Changes were made to the following items:
State Legislative Lobbyist Services
Changes made on Jan 22, 2010 2:47:05 PM EST
New Documents RFP 10353 Addendum No. 3 Dated 012210.doc
Changes were made to the following items:
State Legislative Lobbyist Services
Jan 11.2011 1:28:54 PM EST P.2
City of Fort Lauderdale Bid 105-1035'
Description
The City of Fort Lauderdale, Florida (City) is seeking proposals from qualified proposers, hereinafter referred to as the
Contractor, to provide State of Florida Legislative Lobbyist Services for the City. These services shall include,
representing and advocating for the City's positions on issues considered by the Governor, administrative agencies,
State Legislature and their committees.The City has historically awarded a contract to more than one Contractor;
however may choose to award a contract to one or more than one Contractor, as what's in the best interest of the
City.
Added on Dec 21, 2009:
See Attached Addendum No. 1 dated 12/21/09, which changes the RFP schedule dates, including the last date for
questions to 01/13/10 and the bid opening date to 02/01/10. Please attach this addendum with your RFP response.
Added on Dec 22, 2009:
Addendum No. 2 dated 12/22/09, adding General Coniditons to this RFP document, which were missed in the
document when originally released, and are now made part of RFP document and contract. Please return Addendm no.
2, dated 12/22/09, with your RFP proposal
Added on Jan 22, 2010:
See Addendum No. 3 dated January 22, 2010 attached, which changes the language in PART IV - SPECIAL
CONDITIONS, Item 19 Subcontractors. The new language will allow subcontractors as stated in the Addendum.
Changes made on Dec 21, 2009 4:26:30 PM EST
Changes made on Dec 22, 2009 2:27:27 PM EST
Changes made on Tan 22, 2010 2:47:05 PM EST
Jan 11,2011 1:28:54 PM EST p.3
Ciy,of Fort Lauderdale Bid ^.55-1G353
Request for Proposal
195-10353
State Legislative Lobbyist Services
Opens: December 30, 2009
2:00 p.m.EDT
City of Fort Lauderdale
Issued for City Manager's Office
by the Procurement Services Department
Michael F. Walker, CPPB, A.P.P., FCPM, FCPA, FCCN
(954) 828-5677
E-mail: mwalker( fortlauderdale.gov
Visit us on the web at www.fortlauderdale.gov/purchasing
(954) 828-5140
Jan 11.2011 1:28:54 PM EST - p.4
DO of Fon Lauderdale Bid 191_10353
ti
Request for Proposal 195-10353
State Legislative Lobbyist Services
PART I INTRODUCTION/INFORMATION
01. PURPOSE
The City of Fort Lauderdale, Florida (City) is seeking proposals from qualified proposers,
hereinafter referred to as the Contractor, to provide State of Florida Legislative Lobbyist
Services for the City. These services shall include, representing and advocating for the City's
positions on issues considered by the Governor, administrative agencies, State Legislature
and their committees. The City has historically awarded a contract to more than one
Contractor; however may choose to award a contract to one or more than one Contractor, as
what's in the best interest of the City.
02. INFORMATION OR CLARIFICATION
For information concerning procedures for responding to this RFP, technical specifications,
etc., utilize the question / answer feature provided by Bid Sync at www.bidsvnc.com
Contact for clarification purposes only may be addressed to Michael Walker, Procurement and
Contracts Manager at 954-828-5677 or mwalker()fortlauderdale.00v . Material changes, if any,
to the scope of services or bidding procedures will only be transmitted by written addendum
(See addendum section of Bid Sync Site). No variation in price or conditions shall be
permitted based upon a claim of ignorance. Submission of a proposal will be considered
evidence that the proposer has familiarized themselves with the nature and extent of the work,
and the equipment, materials, and labor required. Questions of a material nature must be
received prior to the cut-off date specified in the RFP schedule.
CONTRACTORS PLEASE NOTE: No part of your proposal can be submitted via FAX or e-
mailed. The entire proposal must be submitted in accordance with the Instructions to
proposers contained in this RFP.
03. QUALIFICATIONS AND EXPERIENCE
To be eligible to respond to this RFP, the Proposer(s) must demonstrate that they, or the
principals assigned to the project, have successfully performed the services in the Scope of
Services section of this RFP.
At a minimum, qualification submittals should include:
a. A list of three (3) public sector clients for whom you have performed these services,
and have significant accomplishments in the areas of legislation and appropriations within the
past five (5) years. Please also list relevant private sector clients. Include Agency,
contact name, address, email address, telephone and fax numbers;
b. A history of your organization, including a current organization chart (if applicable), and any
other appropriate descriptive information, which will be helpful in our evaluation of your
qualifications and experience. Include the number of years you have provided state or federal
Jan 11,2011 1:28:54 PM EST P.5
Citv of Fort Lauderdale Bid 195-1035d
lobbying services, and provide a list of contracts to include a brief scope of services, fees
charged and name of staff member who managed the contract;
c. Identify the principal(s), "team" members and their individual roles in the City's contract,
including how many years each member has been lobbying at the state or federal level.
04. TRANSACTION FEES:
The City of Fort Lauderdale uses Bid Sync (www.bidsvnc.com) to distribute bids and
proposals. There is no charge to vendors/contractors to register and participate in the
solicitation process, nor will any fees be charged to the awarded vendor. Refer to
www.bidsync.com for further information.
06. BID TABULATIONS/INTENT TO AWARD
(Notice of Intent to Award Contract/Bid, resulting from the City's Formal solicitation process
requiring City Commission action, may be found at
http://www.fortlauderdale.gov/purchasing/notices—
of_intent.htm.
Tabulations of receipt of those parties responding to a formal solicitation may be found at
http://www.fortlauderdale.gov/purchasing/bidresults.htm, or any interested party may call the
Procurement Office at 954-828-5933.
06. INTERPRETATION OF BIDDING DOCUMENTS
Only the interpretation or correction so given by the Director of Procurement Services, City of
Fort Lauderdale or his designee, in writing, shall be binding and prospective contractors are
advised that no other source is authorized to give information concerning, or to explain or
interpret, the RFP documents.
07. RESERVATION FOR REJECTIONS AND AWARD
The City of Fort Lauderdale reserves the right to accept or reject any or all proposals or parts
of proposals, to waive irregularities and technicalities, and to request re-proposals. The City
also reserves the right to award the contract on such items the City deems will best serve the
interest of the City. The City further reserves the right to award the contract on a 'split order'
basis, or such combination as shall best serve the interests of the city unless otherwise
specified.
Jan 11,2011 1:28:54 PM EST P.6
Fit,of Fort Lauderdale Bid 195-10353
PART II - RFP SCHEDULE
Release RFP 12/04/09
Last Date for Receipt of Questions of a Material Nature (by 2:00pm) 12/18/09
Addendum Release (If required) 12/21/09
PROPOSAL DUE (Prior to 2:00 PM EDT) 12/30/09
Evaluation Committee Review of Proposals, short-
Listing or award of proposers. (estimated date) 01/07/10
Final Ranking and oral Interviews of proposers,
if required (estimated date) 01/21/10
Anticipated City Commission Award (estimated date) 2/16/10
Jan 11,2011 1:28:54 PM EST P.7
City of Fort Lauderdale Bid 195-1 C353
PART III - SCOPE OF SERVICES
01. BACKGROUND:
The City of Fort Lauderdale is governed by a five (5) member Commission. The Mayor is
elected at-large, and each of the four (4) Commissioners is elected by district. All members of
the Commission are elected to three (3) year terms. The City operates under a Commission-
Manager form of government, with the administrative responsibilities vested with the City
Manager. The City Commission appoints the City Manager, City Attorney, City Auditor, and the
City Clerk.
Fort Lauderdale is the seventh (7th) largest city in the State of Florida and the largest
municipality in Broward County. It also serves as the County seat for Broward County. The City
has approximately 161,000 full time residents. An estimated six million (6,000,000) tourists are
annually attracted to the hotels, beaches, convention center, restaurants, marine facilities, and
other major attractions within the City.
The City currently contracts for State Legislative Lobbying services at an annual cost of
$55,000. The annual cost includes all costs to the City, including any travel. This fee includes
all regular and special legislative sessions, and all expenses. The current lobbyist meets with
the City Commission approximately four (4) times per year. City Staff is in weekly, often daily
during session, contact with the contractor.
02. GENERAL INFORMATION/OBJECTIVE:
The City of Fort Lauderdale seeks to retain the services of a legislative consultant(s) for
matters in which the City may need professional services before the Florida Legislature, State
of Florida administrative agencies, the Florida Governor and Cabinet, et al. Such services shall
include attending state legislative committee hearings and meetings, rule making proceedings
or other administrative or legislative agency meetings.
The contract services shall include, but not necessarily be limited to: scheduled, extended, or
special legislative sessions and meetings; state administrative and agency hearings, meetings,
or rule making proceedings; and legal and legislative consulting services, in accordance with
the terms, conditions, and specifications contained in this Request for Proposals (RFP).
The successful Contractor shall agree to be available at all times upon reasonable request to
meet with the City Commission, City staff, and others as specified in order to perform the
responsibilities assigned; and to attend meetings, represent the interests of the City, and act
as liaison between the City and all branches, departments, and agencies of State government,
at any legislative committee meeting or meetings with the Governor, Cabinet, or Cabinet
members, or state agencies on matters under the scope of this Request for Proposal (RFP). It
is expected that the successful Contractor will review and understand the Agendas of the
House and Senate leaders in order to assist the City to strategically seek funds and policy
change.
Although legal opinions are not required as a part of the Contractor responsibilities, the City
will expect the Contractor to understand applicable laws and proposals under consideration by
the Governor, administrative agencies or the Legislators or their committees, and the
Contractor shall be expected to have the ability to interpret legal implications and advise the
City accordingly.
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Citv of Fort Lauderdale Bid 195-10311,3
The Contractor is also expected to monitor proposals and activities in meetings regarding state
administrative and agency hearings, as well as in rule challenges in the Division of
Administrative Hearings. This would include a review of the agendas and providing notification
to the City as pertinent issues arise. The Contractor would also be expected to report the
outcome of such meetings. Contractor should be prepared to lobby committee members prior
to and at these meetings, to accomplish the City's desired positions.
There are no pre-set number of City meetings, or meetings of governmental agencies that the
Contractor may be expected to attend or with which to interact. This will be mutually
determined between the City and the Contractor following award, and/or as determined to be
needed during the contract term.
03. PROFESSIONAL SERVICES REQUIRED:
a. Develop an overall strategy with staff to ensure issues of concern to the City are addressed
to the City's satisfaction.
b. Devise an overall funding strategy in light of shrinking opportunities.
c. Identify relevant funding opportunities that may arise for which the City may qualify to apply;
assist staff in submitting grant requests.
d. Work with the Florida delegation to ensure their understanding and support of projects for
which the City is seeking assistance.
e. Draft letters to the members regarding issues of interest and concern to the City, thank you
letters to staff after meetings or letters of appreciation.
f. Review on a continuing basis all existing and proposed State policies, programs, and
legislation. Identify those issues that may affect the City or its citizens, and regularly inform the
City as to these matters. Provide legal and legislative expertise and consulting services.
g. Review the legislative policy statements adopted by the Florida League of Cities and the
policy statements of other local governments and lobbying groups for the purpose of identifying
issues which may either positively or negatively affect the City and make recommendations on
policy.
h. Assist the City Commission and City staff in the coordination and development of the City's
legislative program and appropriation requests.
i. Monitor state legislative committee meetings, state agency hearings and meetings prior to
and during the regular and special legislative session(s) at which specific issues within the
City's adopted legislative program are considered, as well as other that may arise that affect
the City.
j. Work with the City Commission, staff, and the Broward County Legislative Delegation to
develop special or general legislation in keeping with, or supportive of, the City's adopted
legislative program.
k. Develop and implement strategy for the support, opposition, or amendment of pending
legislation by tracking bills regularly.
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Cav of Fort Lauderdale Bid 195-10353
I. Testify and lobby before the Legislature, Governor, and Cabinet as necessary on behalf of
the City, during the annual legislative session, extended, or special session(s) and at
legislative committee meetings and meetings of the Broward County Legislative Delegation.
m. Appear and testify before state agency hearings, rule making proceedings and other
administrative agency or legislative meetings, as required, to promote, oppose, and seek
passage of legislation affecting the City or its citizens, and specific legislation contained in the
City's legislative program.
n. Upon request by the City, assist the City in coordinating applications and obtaining State
permits and grants. The Contractor is not expected to prepare permit or grant applications.
o. Upon request, coordinate appointments/meetings between the City Commission or other
City staff, and appropriate state officials and legislators.
03.01 DELIVERABLES
1. Required reports may include but not necessarily be limited to, personal briefings and
information bulletins pertinent to any legislation, rules, or regulations, and other state policies
or programs that affect the City and its citizens either directly or indirectly. A written summary
report shall be submitted at the end of each week detailing legislative action taken during the
week, status of legislative issues, anticipated action during the upcoming week, and suggested
.action plan that City administrators or elected officials may implement.
2. A written report that summarizes the status of the City's legislative priorities shall be
provided within one (1) week of the closing of the session and a more detailed final written
report on specific legislation and new requirements affecting the City shall be provided within a
reasonable time period, not to exceed thirty (30) days from the close of session.
3. Provide periodic written reports (at least monthly) during those months that the legislature is
not in session, on issues of interest or concern to the City. Such information may include, but
not necessarily be limited to, action taken at interim committee meetings, rule making
hearings, status of studies underway, and advance notice of legislation being proposed.
04. RESPONSIBILITIES OF THE CONTRACTOR:
a. The Contractor shall perform the scope of services, as contained in the RFP specifications.
This list of services shall not be deemed to be all-inclusive, and may be changed from time to
time as authorized by the City Commission.
b. All correspondence shall be directed through the City Manager, or designee.
05. RESPONSIBILITIES OF THE CITY:
The City shall designate the City Manager as the "lead" staff person to coordinate with the
Contractor; however, other individuals may be designated by the City Manager from time to
time.
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City of Fort L•aude!dale Bid 195-10353
a. The City shall have appropriate staff available as may be required to discuss issues with the
Contractor, particularly during the legislative session.
b. The City shall use its best efforts to cooperate with the Contractor in providing the
information and documentation necessary in the performance of the Legislative consulting
services under this contract.
06. FEE COMPENSATION/EXPENSES:
The proposed fee(s) shall detail all costs: i.e. travel, and related incidental out-of-pocket
expenses, if applicable. Contractor shall not be reimbursed or otherwise paid for internal word
processing, data processing or other services (i.e. local telephone services, copies, mail or
postage services) that would reasonably be deemed the Contractor's overhead expense.
Contractor will be reimbursed on a monthly basis as a flat fee, inclusive of all expenses.
Hourly fees for proposed "team" members, expense reimbursement, and related additional
costs should be included for information purposes only, and may be used to form a basis for
any subsequent negotiations for additional services, outside the base services contained in the
RFP, if applicable.
6.1. Cost Proposal: The City requests Proposer(s) to offer their fee to the City as a firm,
fixed annual fee, which includes all expenses including travel for the services outlined
in the RFP, to be billed monthly.
07. CONFLICT OF INTEREST:
In the event the Contractor becomes aware of any conflicts or potential conflicts between the
interest of the City and the interests of clients of the Contractor, the Contractor shall
immediately notify the City Manager, or designee, in writing, of such conflict. Written notice
may be in the form of fax or e-mail notification. Such conflict is defined as any client
represented by the firm. In the event the City becomes aware of any conflicts or potential
conflicts between the interest of the City and the interests of clients of the Contractor, the City
Manager, or designee, shall promptly notify the Contractor of such conflict. The City and the
Contractor shall attempt to resolve any such conflict in a manner mutually acceptable to the
City and the Contractor. If the conflict cannot be resolved to the satisfaction of the City, the City
reserves the right to procure these items/services from other vendors with an appropriate
reduction to the Contractor's fee(s).
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City of Fort Lauderdale Bid 195-10353
PART IV - SPECIAL CONDITIONS
01. GENERAL CONDITIONS
RFP General Conditions Form G-107 Rev. 06/09 (GC) are included and made a part of this
RFP.
02. VARIANCES
While the City allows Contractors to take variances to the RFP terms, conditions, and
specifications, the number and extent of variances taken will be considered in determining
proposal responsiveness and in allocating proposal evaluation points. See Section 1.06 of
GC.
03. NEWS RELEASES/PUBLICITY
News releases, publicity releases, or advertisements relating to this contract or the tasks or
projects associated with the project shall not be made without prior City approval.
04. RFP DOCUMENTS
The Contractor shall examine this RFP carefully. Ignorance of the requirements will not relieve
the Contractor from liability and obligations under the Contract.
05. PROPOSERS' COSTS
The City shall not be liable for any costs incurred by proposers in responding to this RFP.
06. RULES AND PROPOSALS
The signer of the proposal must declare that the only person(s), company or parties interested
in the proposal as principals are named therein; that the proposal is made without collusion
with any other person(s), company or parties submitting a proposal; that it is in all respects fair
and in good faith, without collusion or fraud; and that the signer of the proposal has full
authority to bind the principal proposer.
07. CONFIDENTIAL INFORMATION
Florida law provides that municipal records shall at all times be open for personal inspection by
any person. Section 119.01 F.S., The Public Records Law. Information and materials received
by the City in connection with all Proposer's responses shall be deemed to be public records
subject to public inspection upon award, recommendation for award, or 10 days after the RFP
opening, whichever occurs first. However, certain exemptions to the public records law are
statutorily provided for in Section 119.07, F.S. Therefore, if the Proposer believes any of the
information contained in his or her response is exempt from the Public Records Law, then the
Proposer must in his or her response specifically identify the material which is deemed to be
exempt and cite the legal authority for the exemption, otherwise, the City will treat all materials
received as public records.
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City of Fort Lauderdale Bid 195-10353
08. CONTRACT PERIOD
The initial contract term shall commence upon date of contract execution by both parties, and
shall expire two years from that date. The City reserves the right to extend the contract for two,
additional one (1) year terms, providing all terms conditions and specifications remain the
same, both parties agree to the extension, and such extension is approved by the City.
In the event services are scheduled to end because of the ekpiration of this contract, the
Contractor shall continue the service upon the request of the Purchasing Manager. The
extension period shall not extend for more than ninety- (90) days beyond the expiration date of
the existing contract. The Contractor shall be compensated for the service at the rate in effect
when this extension clause is invoked by the City.
09. SERVICE TEST PERIOD
If the Contractor has not previously performed the services to the city, the City reserves the
right to require a test period to determine if the Contractor can perform in accordance with the
requirements of the contact, and to the City's satisfaction. Such test period can be from thirty
to ninety days, and will be conducted under all specifications, terms and conditions contained
in the contract.
A performance evaluation will be conducted prior to the end of the test period and that
,evaluation will be the basis for the City's decision to continue with the Contractor or to select
another Contractor (if applicable).
10. PRICING
All pricing should be identified on Proposal Summary - Financial. No additional costs may be
accepted, other than the costs stated on the Proposal pages.
Contractor must quote a firm,fixed annual price for all services stated in the RFP, which
includes any travel associated with this contract.
11. INVOICES/PAYMENT
The City will accept invoices no more frequently than once per month. Each invoice shall fully
detail the related costs and shall specify the status of the particular task or project as of the
date of the invoice as regards the accepted schedule for that task or project. Payment will be
made within thirty- (30) days after receipt of an invoice acceptable to the City, in accordance to
Florida Statute, Florida Prompt payment Act. If, at any time during the contract, the City shall
not approve or accept the Contractor's work product, and agreement cannot be reached
between the City and the Contractor to resolve the problem to the City's satisfaction, the City
shall negotiate with the Contractor on a payment for the work completed and usable to the
City. This negotiated payment shall be based on the overall task or project breakdown, relative
to the projected number of hours for each task element, and the percentage of work
completed.
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City of Fort Lauderdale Bid 195-10353
12. COST ADJUSTMENTS
Prices quoted shall be firm for the initial contract term (two years). No cost increases
shall be accepted in this initial contract term. Please consider this when providing your
pricing for this request for proposal.
Thereafter, any extensions which may be approved by the City shall be subject to the
following: Costs for any extension terms shall be subject to an adjustment only if increases or
decreases occur in the industry. Such adjustment shall be based on the latest yearly
percentage increase in the All Urban Consumers Price Index (CPI-U) as published by the
Bureau of Labor Statistics, U.S. Dep't. of Labor, and shall not exceed five percent (5%).
The yearly increase or decrease in the CPI shall be that latest Index published and available
for the calendar year ending 12/31, prior to the end of the contract year then in effect, as
compared to the index for the comparable month, one-year prior.
Any requested adjustment shall be fully documented and submitted to the City at least ninety-
' (90) days prior to the contract anniversary date. Any approved cost adjustments shall become
effective on the beginning date of the approved contract extension.
The City may, after examination, refuse to accept the adjusted costs if they are not properly
documented, or considered to be excessive, or if decreases are considered to be insufficient.
In the event the City does not wish to accept the adjusted costs and the matter cannot be
resolved to the satisfaction of the City, the Contract will be considered cancelled on the
scheduled expiration date.
13. CONTRACT COORDINATOR
The City may designate a Contract Coordinator whose principal duties shall be:
Liaison with Contractor.
Coordinate and approve all work under the contract.
Resolve any disputes.
Assure consistency and quality of Contractor's performance.
Schedule and conduct Contractor performance evaluations and
document findings.
Review and approve for payment all invoices for work
performed or items delivered.
14. NO EXCLUSIVE CONTRACT/ADDITIONAL SERVICES
Contractor agrees and understands that the contract shall not be construed as an exclusive
arrangement and further agrees that the City may, at any time, secure similar or identical
services at its sole option. The City may choose to award to one or more than one
contractor for these services.
While this contract is for services provided to the City's departments through the City
Manager's Office. Contractor agrees to take on such work unless such work would not be
considered reasonable or become an undue burden to the Contractor.
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City of Fur(Lauderdale Bid 195-10353
15. DELETION OR MODIFICATION OF SERVICES
The City reserves the right to delete any portion of this Contract at any time without cause, and
if such right is exercised by the City, the total fee shall be reduced in the same ratio as the
estimated cost of the work deleted bears to the estimated cost of the work originally planned.
If work has already been accomplished on the portion of the Contract to be deleted, the
Contractor shall be paid for the deleted portion on the basis of the estimated percentage of
completion of such portion.
If the Contractor and the City agree on modifications or revisions to the task elements, after the
City has approved work to begin on a particular task or project, and a budget has been
established for that task or project, the Contractor will submit a revised budget to the City for
approval prior to proceeding with the work.
16. ADDITIONAL ITEMS/SERVICES
The City may require additional items/services of a similar nature, but not specifically listed in
the contract. The Contractor agrees to provide such items, and shall provide the City prices on
such additional items based upon a formula or method, which is the same, or similar to that
used in establishing the prices in his proposal. If the price(s) offered are not acceptable to the
City, and the situation cannot be resolved to the satisfaction of the City, the City reserves the
right to procure those items from other vendors, or to cancel the contract upon giving the
Contractor thirty (30) days written notice.
17. SUBSTITUTION OF PERSONNEL
It is the intention of the City that the Contractor's personnel proposed for the contract will be
available for the initial contract term. In the event the Contractor wishes to substitute
personnel, he shall propose personnel of equal or higher qualifications and all replacement
personnel are subject to City approval. In the event substitute personnel are not satisfactory to
the City and the matter cannot be resolved to the satisfaction of the City, the City reserves the
right to cancel the Contract for cause. See Section 5.09 General Conditions.
18. INDEPENDENT CONTRACTOR
The Contractor is an independent contractor under this Agreement. Personal services
provided by the Contractor shall be by employees of the Contractor and subject to supervision
by the Contractor, and not as officers, employees, or agents of the City. Personal policies, tax
responsibilities, social security, health insurance, employee benefits, purchasing policies and
other similar administrative procedures applicable to services rendered under this Contract
shall be those of the Contractor.
19. SUBCONTRACTING
The use of subcontractors will not be allowed by the primary contractor, unless there are
special circumstances approved by the city. It is the intent of this contract to require the
primary contractor to provide all services required.
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Co of Fort Lauderdale Bid 195-10353
20. PROHIBITION OF INTEREST
No contract will be awarded to a Proposer who has current City elected officials, officers, or
employees affiliated with it, unless the Proposer has fully complied with current Florida State
Statutes and City Ordinances relating to this issue. Proposer must disclose all such current or
prior affiliations. Failure to disclose any such affiliation will result in disqualification of the
Proposer.
21. INSURANCE
The contractor shall furnish proof of Professional Liability (Errors & Omissions) Insurance. The
coverage is to remain in force at all times during the contract period. The following minimum
insurance coverage is required.
Professional Liability (Errors & Omissions)
Consultants
Limits: $1,000,000 per occurrence
A copy of ANY current Certificate of Insurance should be included with your proposal.
Certificate holder should be addressed as follows:
City of Fort Lauderdale
Procurement Services Department
100 N. Andrews Avenue, Room 619
Ft. Lauderdale, FL 33301
22. UNCONTROLLABLE CIRCUMSTANCES ("Force Majeure")
The City and Contractor will be excused from the performance of their respective obligations
under this agreement when and to the extent that their performance is delayed or prevented by
any circumstances beyond their control including, fire, flood, explosion, strikes or other labor
disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or
omission of any governmental authority, delay or failure or shortage of any type of
transportation, equipment, or service from a public utility needed for their performance,
provided that:
A. the non-performing party gives the other party prompt written notice describing the
particulars of the Force Majeure including, but not limited to, the nature of the occurrence and
its expected duration, and continues to furnish timely reports with respect thereto during the
period of the Force Majeure;
B. the excuse of performance is of no greater scope and of no longer duration than is
required by the Force Majeure;
C. no obligations of either party that arose before the Force Majeure causing the excuse of
performance are excused as a result of the Force Majeure; and
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Div of Fort Lauderdale Bid 195-10353
D. the non-performing party uses its best efforts to remedy its inability to perform.
Notwithstanding the above, performance shall not be excused under this Section for a period
in excess of two (2) months, provided that in extenuating circumstances, the City may excuse
performance for a longer term. Economic hardship of the Contractor will not constitute Force
Majeure. The term of the agreement shall be extended by a period equal to that during which
either party's performance is suspended under this Section.
23. AUDIT
The City reserves the right for its internal auditor or appropriate representative to review ONLY
those records pertaining to any contract awarded as a result of these documents and
determine if the terms, conditions and specifications of the contract are being followed and if
prices charged comply with the contract. The Contractor should retain these records for three
(3) three years following the contract expiration or termination.
24. PUBLIC ENTITY CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction for
a public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes,
for Category Two for a period of 36 months from the date of being placed on the convicted
vendor list.
25. INDEMNITY/HOLD HARMLESS
The Contractor agrees to protect, defend, indemnify and hold harmless the City of Fort
Lauderdale and its officers, employees and agents from and against any and all losses,
penalties, damages, settlements, claims, costs, charges for other expenses, or liabilities of
every and any kind including attorney fees, in connection with or arising directly or indirectly
out of the work agreed to or performed by Contractor under the terms of any agreement that
may arise due to this bidding process. Without limiting the foregoing, any and all such claims,
suits, or other defects in materials or workmanship, actual or alleged violations of any
applicable statute, ordinance, administrative order, rule or regulation, or decree of any court,
shall be included in the indemnity hereunder.
26. LOBBYING ACTIVITIES
ALL BIDDERS/PROPOSERS PLEASE NOTE: Any bidder or proposer submitting a response
to this solicitation must comply, if applicable, with City of Fort Lauderdale Ordinance No. C-00-
27, Lobbying Activities. Copies of Ordinance No. C-00-27 may be obtained from the City
Clerk's Office on the 7th Floor of City Hall, 100 N. Andrews Avenue, Fort Lauderdale, Florida.
The ordinance may also be viewed on the City's website at
htta://www fortlauderdale gov/documents/lobbyistDocs/lobbyistord1009 odf .
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City of Fort Lauderdale Bid 195-10353
PART V - CONSIDERATION FOR AWARD /AWARD PROCEDURES
Award of the contract will be based on certain objective and subjective considerations listed below:
The City will evaluate all proposals in accordance with the criteria stated in the RFP specifications.
Evaluation Criteria Assigned Points
(Weighted Factor)
1. Understanding of the overall needs of the City and Proposer's 25%
approach as presented in the narrative technical proposal.
2. Experience and qualifications of firm and all persons 25%
designated for the project (include resumes,
education, professional experience, and training information) and
facilities and resources. Professional legal expertise and client
references shall be an integral part of this criteria.
3. Proposer's demonstrated past performance; workload and 20%
availability to the City; additional information pertaining to capacity
of the Proposer; Successes you firm has had for clients in the past
three years.
4. Cost to the City: Firm fixed Annual Fee 30%
Evaluation of proposals will be conducted by an evaluation committee of qualified City Staff, or other
persons selected by the City. The committee will evaluate all responsive proposals received from
proposers who meet or exceed the eligibility requirements contained in the RFP. Evaluations shall be
based upon the information and references contained in the proposals as submitted and a possible
inspection of the Proposers facilities, equipment, record keeping procedures, and staff. Proposers or
Finalists may be required to provide an oral presentation by appearing before then Evaluation
Committee for clarification purposes only.
The evaluation committee, at its sole discretion, may shortlist firms and decides if site visitations and
or oral presentations are required. As such, the initial Proposal should be as comprehensive as
possible; clearly describing the details of services that the Proposer intends to provide. If Oral
presentations and or site visits are deemed necessary, the selection process will be conducted in two
steps. In step one the committee will evaluate all responsive proposals based upon the information
and references contained in the proposals as submitted. The committee will score and rank all
responsive proposals and determine a minimum of three (3), if more than three (3) proposals are
responsive, to be finalists for further consideration. In the event there are less than three (3)
responsive proposals, the committee will give further consideration to all responsive proposals
received. The committee may then conduct discussions, for clarification purposes only, with the
finalists and re-score and re-rank the finalists proposals. The first ranked proposer resulting from this
process will be recommended to the Fort Lauderdale City Commission for award.
The City reserves the right to award the contract to that Proposer who will best serve the interest of
the City. The City reserves the right, based upon its deliberations and in its opinion, to accept or reject
any or all proposals. The City also reserves the right to waive minor irregularities or variations to the
specifications and in the bidding process.
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CtV of Fort Lauderdale Bic 105-1035-'
PART VI - REQUIREMENTS OF THE PROPOSAL
Submission of a Proposal:
Sealed proposal responses shall be submitted to the Procurement Services Department, City
of Fort Lauderdale, 100 North Andrews Avenue, Fort Lauderdale, FL 33301, as stated in PART
II — RFP Schedule. The time of receipt of the proposal will be based on the time kept in the
Procurement Services Department. Proposals are to be labeled RFP # 195-10353. Delivery
of the proposals to the City's mailroom or to any other location other than the Procurement
Services Department is not considered to meet the requirements for delivery. It is the sole
responsibility of the proposer to assure that the proposal is delivered according to the terms of
this section. No copies of the response to the RFP shall be submitted to any other office
or department of the City.
Proposers shall submit all costs in the formats specified on the Proposal Summary Forms
included with this RFP. The proposer shall examine this RFP carefully. Ignorance of the
requirements will not relieve the Consultant from liability and obligations under the Contract.
The City shall not be liable for any costs incurred by proposers in responding to this RFP.
All proposals must be submitted as specified on the proposal pages which follow. Any
attachments must be clearly identified. To be considered, the proposal must respond to all
parts of the RFP. Any other information thought to be relevant, but not applicable to the
enumerated categories, should be provided as an appendix to the proposal. If publications are
supplied by a contractor to respond to a requirement, the response should include reference to
the document number and page number. This will provide a quick reference for the
evaluators. Proposals not providing this reference will be considered to have no reference
material included in the additional documents.
THE PROPOSAL SHALL BE SIGNED BY A REPRESENTATIVE WHO IS AUTHORIZED TO
CONTRACTUALLY BIND THE CONTRACTOR.
PROPOSERS MUST SUBMIT AN IDENTIFIED
ORIGINAL COPY PLUS SEVEN (7) COPY'S OF THE
PROPOSAL PAGES INCLUDING ANY ATTACHMENTS
THE ABOVE REQUIREMENT TOTALS EIGHT (8) COPIES OF YOUR PROPOSAL
ALL PROPOSALS SHALL BE RECEIVED PRIOR TO 2:00 PM EST,DATE STATED IN PART 11—RFP SCHEDULE TO:
City of Fort Lauderdale
Procurement Services Department
100 N. Andrews Avenue, Suite 619
Fort Lauderdale, Florida 33301
ALL PROPOSALS MUST BE SUBMITTED IN A SEALED PACKAGE WITH THE RFP NUMBER,
RFP TITLE AND DUE DATE CLEARLY MARKED ON THE OUTSIDE. IF MORE THAN
ONE PACKAGE IS SUBMITTED THEY SHOULD BE MARKED 1 OF 2, ETC
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City of Fort Lauderdale Bid 195-10355
PROPOSAL PAGES ARE AS FOLLOWS:
Technical Proposal
Proposal Summary Questionnaire
Proposal Summary — Financial Proposal Page
Attachments to your Proposal
Non-Collusion Statement
Bid/Proposal Signature Page
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City of Fort Lauderdale Bid 195 10353
PROPOSAL SUMMARY PAGES - TECHNICAL PROPOSAL
The following issues should be fully responded to in your proposal in concise narrative form.
Additional sheets should be used and attached to your RFP response. Please reference each issue,
and present in the same order.
1. Understanding of the City's legislative, budgetary, and policy needs and your overall approach to
meet those needs.
2. Experience of Proposer and team: Detail experience, qualifications, and past performance of the
Proposer and all persons designated for City's lobbying (include resumes, education, professional
experience, and training information) and facilities and resources. A history of your organization,
including a current organization chart (if applicable), and any other appropriate descriptive
information, which will be helpful in our evaluation of your qualifications and experience. Include the
number of years you have provided state or federal lobbying services, and complete list of client
references.
3. Detail your demonstrated past performance and workload for other clients. Also provide any
additional information pertinent to your capability and resources to perform the RFP services.
Proposer's demonstrated past performance; workload and availability to the City; additional
information pertaining to capacity of the Proposer. Describe five major successes your firm has had
for clients in the past five years.
Jan 11,2011 1:28:54 PM EST p.21
City of Fort Lauderdale Bid 195-16353
PROPOSAL SUMMARY PAGES—QUESTIONNAIRE
1. Prior Experience:
Number of years experience the proposer has had in providing lobbyist services?
years
List those City of Fort Lauderdale agencies with which the proposer has had contracts or
agreements during the past three (3) years?
2. What other Florida Cities and Counties does your firm represent? Who is your point of contact
in those agencies, phone number, and how many years has your firm represented those firms?
3. Please describe your existing relationships with State of Florida Local Legislative Delegation
and with other key legislators and support staff. If additional space is needed, please include
as an appendix to your proposal response?
The proposer understands that the information contained in these Proposal Pages is to be relied
upon by the City in awarding the proposed Agreement, and such information is warranted by the
proposer to be true. The proposer agrees to furnish such additional information, prior to acceptance
of any proposal, relating to the qualifications of the proposer, as may be required by the City.
Yes: NO:
Jan 11,2011 1:28:54 PM EST p.22
City of For[Lauderdale Bid 195-10353
PROPOSAL SUMMARY - FINANCIAL PROPOSAL
ITEM DETAIL COSTS:
COST TO THE CITY - Overall Contract:
I. Annual FIRM, FIXED TOTAL COST NOT TO EXCEED: $
(To be paid on a monthly basis)
For Information Purposes Only, please describe and detail all costs included in your firm fixed total
cost. If additional space is needed, please include as an appendix to your RFP response, in
accordance with the RFP specifications:
Jan 11,2011 1:28:54 PM EST p.23
City of Fort Lauderdale Bid 195-1C353
NON-COLLUSION STATEMENT:
By signing this offer, the vendor/contractor certifies that this offer is made independently and free from collusion.
Vendor shall disclose below any City of Fort Lauderdale, FL officer or employee, or any relative of any such officer or
employee who is an officer or director of, or has a material interest in, the vendor's business, who is in a position
to influence this procurement.
Any City of Fort Lauderdale, FL officer or employee who has any input into the writing of specifications or
requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this
procurement is presumed, for purposes hereof, to be in a position to influence this procurement.
For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the
total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is
awarded to this vendor.
In accordance with City of Fort Lauderdale, FL Policy and Standards Manual, 6.10.8.3,
3.3. City employees may not contract with the City through any corporation or business entity in
which they or their immediate family members hold a controlling financial interest (e.g. ownership of
five (5) percent or more).
3.4. Immediate family members (spouse, parents and children) are also prohibited from contracting
with the City subject to the same general rules.
Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance
with the provisions of the City Procurement Code.
NAME RELATIONSHIPS
In the event the vendor does not indicate any names, the City shall interpret this to mean that the vendor
has indicated that no such relationships exist.
Jan 11,2011 1:28:54 PM EST p.24
City of Fort Lauderdale Bid 195-10353
Jan 11,2011 1:28:54 PM EST P.25
City of Fort Laude,dale Bid 195-10353
BID/PROPOSAL SIGNATURE PAGE
How to submit bids/proposals: It is required that bids/proposals be submitted by mailing a hard copy, it will be the sole
responsibility of the Bidder to ensure that his bid reaches the City of Fort Lauderdale, City Hall, Procurement Department,
Suite 619, 100 N. Andrews Avenue, Fort Lauderdale, FL 33301, prior to the bid opening date and time listed.
Bids/proposals submitted by fax or email will NOT be accepted.
The below signed hereby agrees to furnish the following article(s)Or services at the price(s)and terms stated subject to all
instructions, conditions, specifications addenda, legal advertisement, and conditions contained in the bid. I have read all
attachments including the specifications and fully understand what is required. By submitting this signed proposal I will
accept a contract if approved by the CITY and such acceptance covers all terms, conditions, and specifications of this
bid/proposal.
Submitted by:
(signature) (date)
Name (printed
Company: (Legal Registration)
CONTRACTOR. IF FOREIGN CORPORATION, SHALL BE REQUIRED TO OBTAIN A CERTIFICATE OF AUTHORITY
FROM THE DEPARTMENT OF STATE, IN ACCORDANCE WITH FLORIDA STATUTE 46071501 (visit
htto:Hwww.dos.state.fl.us/doc/).
Address:
City :State: Zip
Telephone NOI _ __ FAX No.
E-MAIL:
Jan 11,2011 1:28:54 PM EST p.26
City of Fort Lauderdale Bid 195-10353
Delivery: Calendar days after receipt of Purchase Order(section 1.02 of General Conditions):
Payment Terms(section 1.03):t_.._ . Total Bid Discount (section 1.04):
Does your firm qualify for MBE or WBE status(section 1.08): MBE r WBE r
ADDENDUM ACKNOWLEDGEMENT - Proposer acknowledges that the following addenda have been received and are
included in his proposal:
Addendum No. Date Issued
VARIANCES: State any variations to specifications, terms and conditions in the space provided below or reference in the
space provided below all variances contained on other pages of bid, attachments or bid pages. No variations or
exceptions by the Proposer will be deemed to be part of the bid submitted unless such variation or exception is listed and
contained within the bid documents and referenced in the space provided below. If no statement is contained in the below
space, it is hereby implied that your bid/proposal complies with the full scope of this solicitation.
Variances:
Jan 11,2011 1:28:54 PM EST p.27
Citv of Fort Lauderdale Bid 195-10353
City of Fort Lauderdale
GENERAL CONDITIONS
These instructions are standard for all contracts for commodities or services issued through the City of Fort Lauderdale Procurement Services
Department. The City may delete, supersede, or modify any of these standard instructions for a particular contract by indicating such change in the
Invitation to Bid (ITB) Special Conditions, Technical Specifications, Instructions, Proposal Pages,Addenda, and Legal Advertisement. In this general
conditions document,Invitation to Bid(ITB)and Request for Proposal(RFP)are interchangeable.
PART I BIDDER PROPOSAL PAGE(S)CONDITIONS:
1.01 BIDDER ADDRESS: The City maintains automated vendor address lists that have been generated for each specific Commodity Class item
through our bid issuing service, BidSync. Notices of Invitations to Bid (ITB'S)are sent by e-mail to the selection of bidders who have fully
registered with BidSync or faxed (if applicable) to every vendor on those lists,who may then view the bid documents online. Bidders who
have been informed of a bid's availability in any other manner are responsible for registering with BidSync in order to view the bid documents.
There is no fee for doing so. If you wish bid notifications be provided to another e-mail address or fax, please contact BidSync. If you wish
purchase orders sent to a different address,please so indicate in your bid response. If you wish payments sent to a different address,please
so indicate on your invoice.
1.02 DELIVERY: Time will be of the essence for any orders placed as a result of this ITS. The City reserves the right to cancel any orders,or part
thereof,without obligation if delivery is not made in accordance with the schedule specified by the Bidder and accepted by the City.
1.03 PAYMENT TERMS AND CASH DISCOUNTS: Payment terms,unless otherwise stated in this ITB,will be considered to be net 30 days after
the dale of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified,whichever occurs last. Bidder
may offer rash discounts for prompt payment but they will not be considered in determination of award. If a Bidder offers a discount, it is
understood that the discount time will be computed from the date of satisfactory delivery, at the place of acceptance, and receipt of correct
invoice,at the office specified,whichever occurs last.
1.04 TOTAL BID DISCOUNT: If Bidder offers a discount for award of all items listed in the bid,such discount shall be deducted from the total of
the firm net unit prices bid and shall be considered in tabulation and award of bid.
1.05 BIDS FIRM FOR ACCEPTANCE: Bidder warrants, by virtue of bidding, that the bid and the prices quoted in the bid will be firm for
acceptance by the City for a period of ninety(90)days from the date of bid opening unless otherwise stated in the ITB.
1.06 VARIANCES: For purposes of bid evaluation, Bidder's must indicate any variances, no matter how slight, from ITB General Conditions,
Special Conditions,Specifications or Addenda in the space provided in the ITB. No variations or exceptions by a Bidder will be considered or
deemed a part of the bid submitted unless such variances or exceptions are listed in the bid and referenced in the space provided on the
bidder proposal pages. If variances are not stated,or referenced as required,it will be assumed that the product or service fully complies with
the City's terns,conditions,and specifications.
By receiving a bid, City does not necessarily accept any variances contained in the bid. All variances submitted are subject to review and
approval by the City. If any bid contains material variances that, in the City's sole opinion, make that bid conditional in nature, the City
reserves the right to reject the bid or part of the bid that is declared,by the City as conditional.
1.07 NO BIDS: If you do not intend to bid please indicate the reason,such as insufficient time to respond,do not offer product or service,unable to
meet specifications, schedule would not permit, or any other reason, in the space provided in this ITB. Failure to bid or return no bid
comments prior to the bid due and opening date and time, indicated in this ITS, may result in your firm being deleted from our Bidder's
registration list for the Commodity Class Item requested in this ITB.
1.08 MINORITY AND WOMEN BUSINESS ENTERPRISE PARTICIPATION AND BUSINESS DEFINITIONS: The City of Fort Lauderdale wants
to increase the participation of Minority Business Enterprises (MBE),Women Business Enterprises(WBE), and Small Business Enterprises
(SBE)in its procurement activities. If your firm qualifies in accordance with the below definitions please indicate in the space provided in this
ITB.
Minority Business Enterprise (MBE) "A Minority Business" is a business enterprise that is owned or controlled by one or more socially or
economically disadvantaged persons. Such disadvantage may arise from cultural, racial,chronic economic circumstances or background or
other similar cause. Such persons include,but are not limited to: Blacks,Hispanics,Asian Americans,and Native Americans.
The term"Minority Business Enterprise"means a business at least 51 percent of which is owned by minority group members or,in the case of
a publicly owned business,at least 51 percent of the stock of which is owned by minority group members. For the purpose of the preceding
sentence,minority group members are citizens of the United States who include,but are not limited to: Blacks,Hispanics,Asian Americans,
and Native Americans.
Jan 11,2011 1:28:54 PM EST p.28
City of Fort Lauderdale Bid 195-10353
Women Business Enterprise(WBE)a"Women Owned or Controlled Business"is a business enterprise at least 51 percent of which is owned
by females or,in the case of a publicly owned business,at least 51 percent of the stock of which is owned by females.
Small Business Enterprise(SBE)"Small Business"means a corporation, partnership, sole proprietorship, or other legal entity formed for the
purpose of making a profit, which is independently owned and operated, has either fewer than 100 employees or less than $1,000,000 in
annual gross receipts.
BLACK,which includes persons having origins in any of the Black racial groups of Africa.
WHITE,which includes persons whose origins are Anglo-Saxon and Europeans and persons of Indo-European decent including Pakistani and
East Indian.
HISPANIC, which includes persons of Mexican, Puerto Rican, Cuban, Central and South American, or other Spanish culture or origin,
regardless of race.
NATIVE AMERICAN,which includes persons whose origins are American Indians,Eskimos,Aleuts,or Native Hawaiians.
ASIAN AMERICAN, which includes persons having origin in any of the original peoples of the Far East, Southeast Asia, the Indian
subcontinent,or the Pacific Islands.
1.09 MINORITY-WOMEN BUSINESS ENTERPRISE PARTICIPATION
It Is the desire of the City of Fort Lauderdale to increase the participation of minority(MBE)and women-owned(WBE)businesses In
its contracting and procurement programs. While the City does not have any preference or set aside programs in place, it is
committed to a policy of equitable participation for these firms. Proposers are requested to include in their proposals a narrative
describing their past accomplishments and Intended actions in this area. If proposers are considering minority or women owned
enterprise participation in their proposal,those firms,and their specific duties have to be identified in the proposal. If a proposer is
considered for award,he or she will be asked to meet with City staff so that the intended MBFJWBE participation can be formalized
and included in the subsequent contract.
Part 11 DEFINITIONS/ORDER OF PRECEDENCE:
2.01 BIDDING DEFINITIONS The City will use the following definitions in it's general conditions, special conditions, technical specifications,
instructions to bidders,addenda and any other document used in the bidding process:
INVITATION TO BID(ITS)when the City is requesting bids from qualified Bidders.
REQUEST FOR PROPOSALS(RFP)when the City is requesting proposals from qualified Proposers.
BID—a price and terms quote received in response to an ITS.
PROPOSAL—a proposal received in response to an RFP.
BIDDER—Person or firm submitting a Bid.
PROPOSER—Person or firm submitting a Proposal.
RESPONSIVE BIDDER—A person whose bid conforms in all material respects to the terms and conditions included in the ITS. - - - -
RESPONSIBLE BIDDER—A person who has the capability in all respects to perform in full the contract requirements, as stated in the ITS,
and the integrity and reliability that will assure good faith performance.
FIRST RANKED PROPOSER—That Proposer, responding to a City RFP,whose Proposal is deemed by the City,the most advantageous to
the City after applying the evaluation criteria contained in the RFP.
SELLER—Successful Bidder or Proposer who is awarded a Purchase Order or Contract to provide goods or services to the City.
CONTRACTOR—Successful Bidder or Proposer who is awarded a Purchase Order,award Contract, Blanket Purchase Order agreement, or
Term Contract to provide goods or services to the City.
CONTRACT—A deliberate verbal or written agreement between two or more competent parties to perform or not to perform a certain act or
acts, including all types of agreements, regardless of what they may be called, for the procurement or disposal of equipment, materials,
supplies,services or construction.
CONSULTANT—Successful Bidder or Proposer who is awarded a contract to provide professional services to the City.
The following terms may be used interchangeably by the City: ITB and/or RFP; Bid or Proposal; Bidder, Proposer, or Seller; Contractor or
-Consultant;Contract,Award,Agreement or Purchase Order.
2.02 SPECIAL CONDITIONS: Any and all Special Conditions contained in this ITS that may be in variance or conflict with these General
Conditions shall have precedence over these General Conditions. If no changes or deletions to General Conditions are made in the Special
Conditions,then the General Conditions shall prevail in their entirety,
PART If BIDDING AND AWARD PROCEDURES:
3.01 SUBMISSION AND RECEIPT OF BIDS: To receive consideration, bids must be received prior to the bid opening date and time. Unless
otherwise specified,Bidder's should use the proposal forms provided by the City. These forms may be duplicated,but failure to use the forms
may cause the bid to be rejected. Any erasures or corrections on the bid must be made in ink and initialed by Bidder in ink. All information
submitted by the Bidder shall be printed,typewritten or filled in with pen and ink. Bids shall be signed in ink. Separate bids must be submitted
for each ITB issued by the City in separate sealed envelopes properly marked. When a particular ITS or RFP requires multiple copies of bids
or proposals they may be included in a single envelope or package properly sealed and identified. Only send bids via facsimile transmission
(FAX)if the ITB specifically states that bids sent via FAX will be considered. If such a statement is not included in the ITS,bids sent via FAX
will be rejected. Bids will be publicly opened in the Procurement Office,or other designated area, in the presence of Bidders,the public,and
City staff. Bidders and the public are invited and encouraged to attend bid openings. Bids will be tabulated and made available for review by
Bidder's and the public in accordance with applicable regulations.
3.02 MODEL NUMBER CORRECTIONS: If the model number for the make specified in this ITS is incorrect,or no longer available and replaced
with an updated model with new specifications,the Bidder shall enter the correct model number on the bidder proposal page. In the case of
an updated model with new specifications,Bidder shall provide adequate information to allow the City to determine if the model bid meets the
City's requirements.
3.03 PRICES QUOTED: Deduct trade discounts,and quote firm net prices. Give both unit price and extended total. In the case of a discrepancy
in computing the amount of the bid, the unit price quoted will govern. All prices quoted shall be F.O.B. destination, freight prepaid (Bidder
pays and bears freight charges, Bidder owns goods in transit and files any claims), unless otherwise stated in Special Conditions. Each item
must be bid separately. No attempt shall be made to tie any item or items contained in the ITS with any other business with the City.
Jan 11,2011 1:28:54 PM EST p 29
Citv of Fort Lauderdale Bid 195-18353
3.04 TAXES: The City of Fort Lauderdale is exempt from Federal Excise and Florida Sales taxes on direct purchase of tangible property.
Exemption number for EIN is 59-6000319,and State Sales tax exemption number is 85-8013875578C•1.
3.06 WARRANTIES OF USAGE: Any quantities listed in this ITB as estimated or projected are provided for tabulation and information purposes
only. No warranty or guarantee of quantities is given or implied. It is understood that the Contractor will furnish the City's needs as they arise.
3.06 APPROVED EQUAL: When the technical specifications call for a brand name, manufacturer, make, model, or vendor catalog number with
acceptance of APPROVED EQUAL, it shall be for the purpose of establishing a level of quality and features desired and acceptable to the
City. In such cases,the City will be receptive to any unit that would be considered by qualified City personnel as an approved equal. In that
the specified make and model represent a level of quality and features desired by the City, the Bidder must state clearly in the bid any
variance from those specifications. It is the Bidders responsibility to provide adequate information,in the bid,to enable the City to ensure that
the bid meets the required criteria. If adequate information is not submitted with the bid,it may be rejected. The City will be the sole judge in
determining if the item bid qualifies as an approved equal.
3.07 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS: The technical specifications may include items that are considered
minimum,mandatory,or required. If any Bidder is unable to meet or exceed these items,and feels that the technical specifications are overly
restrictive,the bidder must notify the Procurement Services Department immediately. Such notification must be received by the Procurement
Services Department prior to the deadline contained in the ITB,for questions of a material nature,or prior to five(5)days before bid due and
open date,whichever occurs first. If no such notification is received prior to that deadline,the City will consider the technical specifications to
be acceptable to all bidders.
3.08 MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, delivery instructions and
special conditions pertaining to the ITS. Failure of the Bidder to examine all pertinent documents shall not entitle the bidder to any relief from
the conditions imposed in the contract.
3.09 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested to determine suitability. Unless otherwise
specified in Special Conditions, samples shall be requested after the date of bid opening, and if requested should be received by the City
within seven (7)working days of request. Samples,when requested,must be furnished free of expense to the City and if not used in testing
or destroyed,will upon request of the Bidder, be returned within thirty(30)days of bid award at Bidders expense. When required, the City
may request full demonstrations of units prior to award. When such demonstrations are requested, the Bidder shall respond promptly and
arrange a demonstration at a convenient location. Failure to provide samples or demonstrations as specified by the City may result in
rejection of a bid.
3.10 LIFE CYCLE COSTING: If so specified in the ITB,the City may elect to evaluate equipment proposed on the basis of total cost of ownership.
In using Life Cycle Costing,factors such as the following may be considered: estimated useful life,maintenance costs,cost of supplies,labor
intensity,energy usage, environmental impact, and residual value. The City reserves the right to use those or other applicable criteria, in its
sole opinion that will most accurately estimate total cost of use and ownership.
3.11 BIDDING ITEMS WITH RECYCLED CONTENT: In addressing environmental concems, the City of Fort Lauderdale encourages Bidders to
submit bids or alternate bids containing items with recycled content. When submitting bids containing items with recycled content,Bidder shall
provide documentation adequate for the City to verify the recycled content. The City prefers packaging consisting of materials that are
degradable or able to be recycled. When specifically stated in the ITB,the City may give preference to bids containing items manufactured
with recycled material or packaging that is able to be recycled.
3.12 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any bids received and utilize other
available governmental contracts,if such action is in its best interest.
3.13 QUALIFICATIONSIINSPECTION: Bids will only be considered from firms normally engaged in providing the types of commodities/services
specified herein. The City reserves the right to inspect the Bidder's facilities,equipment, personnel,and organization at any time,or to take
any other action necessary to determine Bidder's ability to perform. The Procurement Director reserves the right to reject bids where evidence
or evaluation is determined to indicate inability to perform.
3.14 BID SURETY: If Special Conditions require a bid security, it shall be submitted in the amount stated. A bid security can be in the form of a
bid bond,postal money order, cashiers check,or irrevocable letter of credit. Bid security will be returned to the unsuccessful bidders as soon
as practicable after opening of bids. Bid security will be returned to the successful bidder after acceptance of the performance bond or
irrevocable letter of credit, if required; acceptance of insurance coverage, if required;and full execution of contract documents, if required;or
conditions as stated in Special Conditions.
3.15 PUBLIC RECORDS: Florida law provides that municipal records shall at all times be open for personal inspection by any person. Section
119.01, F.S.,the Public Records Law. Information and materials received by City in connection with an ITB response shall be deemed to be
public records subject to public inspection upon award, recommendation for award, or 10 days after bid opening, whichever occurs first.
However,certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. If the Proposer believes any of the
information contained in his or her response is exempt from the Public Records Law, then the Proposer, must in his or her response,
specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption. The City's determination of
whether an exemption applies shall be final,and the Proposer agrees to defend,indemnify,and hold harmless the City and the City's officers,
employees, and agents,against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public
records.
3.16 PROHIBITION OF INTEREST: No contract will be awarded to a bidding firm who has City elected officials, officers or employees affiliated
with it, unless the bidding firm has fully complied with current Florida State Statutes and City Ordinances relating to this issue. Bidders must
disclose any such affiliation. Failure to disclose any such affiliation will result in disqualification of the Bidder and removal of the Bidder from
the City's bidder lists and prohibition from engaging in any business with the City.
3.17 RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The City reserves the right to accept or reject any or all bids,part of bids,and
to waive minor irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City also
reserves the right to award the contract on a split order basis,lump sum basis, individual item basis,or such combination as shall best serve
the interest of the City. The City reserves the right to make an award to the responsive and responsible bidder whose product or service
Jan 11,2011 1:28:54 PM EST p.30
City of Port Lauderdale Bic 1BS 10353
meets the terms, conditions, and specifications of the ITB and whose bid is considered to best serve the City's interest. In determining the
responsiveness of the offer and the responsibility of the Bidder, the following shall be considered when applicable: the ability, capacity and
skill of the Bidder to perform as required;whether the Bidder can perform promptly,or within the time specified,without delay or interference;
the character, integrity, reputation, judgment, experience and efficiency of the Bidder; the quality of past performance by the Bidder; the
previous and existing compliance by the Bidder with related laws and ordinances; the sufficiency of the Bidder's financial resources; the
availability, quality and adaptability of the Bidder's supplies or services to the required use; the ability of the Bidder to provide future
maintenance,service or parts;the number and scope of conditions attached to the bid.
If the ITB provides for a contract trial period, the City reserves the right, in the event the selected bidder does not perform satisfactorily, to
award a trial period to the next ranked bidder or to award a contract to the next ranked bidder,if that bidder has successfully provided services
to the City in the past. This procedure to continue until a bidder is selected or the contract is re-bid,at the sole option of the City.
3.18 LEGAL REQUIREMENTS: Applicable provisions of all federal, state, county laws,and local ordinances, rules and regulations,shall govern
development, submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes which may
arise between person(s)submitting a bid response hereto and the City by and through its officers,employees and authorized representatives,
or any other person, natural or otherwise; and lack of knowledge by any bidder shall not constitute a cognizable defense against the legal
effect thereof.
PART IV BONDS AND INSURANCE
4.01 PERFORMANCE BONDIIRREVOCABLE LETTER OF CREDIT: If a performance bond or irrevocable letter of credit is required in Special
Conditions, the Contractor shall within fifteen (15) working days after notification of award, furnish to the City a Performance Bond or an
Unconditional Irrevocable Letter of Credit payable to the City of Fort Lauderdale,Florida,in the face amount specified in Special Conditions as
surety for faithful performance under the terms and conditions of the contract. If the bond is on an annual coverage basis,renewal for each
succeeding year shall be submitted to the City thirty (30) days prior to the termination date of the existing Performance Bond. The
Performance Bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida and
having a resident agent. If a Letter of Credit is chosen, it must be in a form acceptable to the City,drawn on a local(Broward, Dade or Palm
Beach Counties)bank acceptable to the City and issued in favor of the City of Fort Lauderdale,Florida. If a Bidder wishes to use a non-local
bank,he must have prior City approval of the requirements to draw against the Letter of Credit.
Acknowledgement and agreement is given by both parties that the amount herein set for the Performance Bond or Irrevocable Letter of Credit
is not intended to be nor shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the Contractor to
the City in the event of a material breach of this Agreement by the Contractor.
4.02 INSURANCE: If the Contractor is required to go on to City property to perform work or services as a result of ITB award,the Contractor shall
assume full responsibility and expense to obtain all necessary insurance as required by City or specified in Special Conditions.
- The Contractor shall provide to the Procurement Services Department original certificates of coverage and receive notification of approval of
those certificates by the City's Risk Manager prior to engaging in any activities under this contract. The Contractors insurance is subject to the
approval of the City's Risk Manager. The certificates must list the City as an ADDITIONAL INSURED and shall have no less than thirty(30)
days written notice of cancellation or material change. Further modification of the insurance requirements may be made at the sole discretion
of the City's Risk Manager if circumstances change or adequate protection of the City is not presented. Bidder,by submitting the bid,agrees
to abide by such modifications.
PART V PURCHASE ORDER AND CONTRACT TERMS:
6.01 COMPLIANCE TO SPECIFICATIONS, LATE DELIVERIESIPENALTIES: Items offered may be tested for compliance to bid specifications.
Items delivered which do not conform to bid specifications may be rejected and returned at Contractor's expense. Any violation resulting in
contract termination for cause or delivery of items not conforming to specifications,or late delivery may also result in:
Bidders name being removed from the City's bidder's mailing list for a specified period and Bidder will not be recommended for any
award during that period.
All City Departments being advised to refrain from doing business with the Bidder.
All other remedies in law or equity.
5.02 ACCEPTANCE, CONDITION,AND PACKAGING: The material delivered in response to ITS award shall remain the property of the Seller
until a physical inspection is made and the material accepted to the satisfaction of the City. The material must comply fully with the terms of
the ITS,be of the required quality, new,and the latest model. All containers shall be suitable for storage and shipment by common carrier,
and all prices shall include standard commercial packaging. The City will not accept substitutes of any kind. Any substitutes or material not
meeting specifications will be returned at the Bidder's expense. Payment will be made only attar City receipt and acceptance of materials or
services.
5.03 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation
Safety and Health Act of 1970 as amended, and be in compliance with Chapter 442, Florida Statutes. Any toxic substance listed in Section
38F-41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Material Safety Data
Sheet(MSDS).
6.04 ASBESTOS STATEMENT: All material supplied must be 100% asbestos free. Bidder, by virtue of bidding, certifies that if awarded any
portion of the ITB the bidder will supply only material or equipment that is 100%asbestos free.
6.06 OTHER GOVERNMENTAL ENTITIES: If the Bidder is awarded a contract as a result of this ITB,the bidder will, it the bidder has sufficient
capacity or quantities available, provide to other governmental agencies,so requesting,the products or services awarded in accordance with
the terms and conditions of the ITB and resulting contract. Prices shall be F.O.B.delivered to the requesting agency.
5.06 VERBAL INSTRUCTIONS PROCEDURE: No negotiations,decisions,or actions shell be initiated or executed by the Contractor as a result of
any discussions with any City employee. Only those communications which are in writing from an authorized City representative may be
considered. Only written communications from Contractors,which are assigned by a person designated as authorized to bind the Contractor,
will be recognized by the City as duly authorized expressions on behalf of Contractors.
Jan 11,2011 1:28:54 PM EST p.31
City of Fort Lauderdale Bid 155-t N53
6.07 INDEPENDENT CONTRACTOR: The Contractor is an independent contractor under this Agreement. Personal services provided by the
Proposer shall be by employees of the Contractor and subject to supervision by the Contractor,and not as officers,employees, or agents of
the City. Personnel policies,tax responsibilities, social security,health insurance, employee benefits, procurement policies unless otherwise
stated in this ITB, and other similar administrative procedures applicable to services rendered under this contract shall be those of the
Contractor.
5.08 INDEMNITY/HOLD HARMLESS AGREEMENT: The Contractor agrees to protect, defend, indemnify, and hold harmless the City of Fort
Lauderdale and its officers, employees and agents from and against any and all losses, penalties, damages, settlements, claims, costs,
charges for other expenses,or liabilities of every and any kind including attorneys fees,in connection with or arising directly or indirectly out of
the work agreed to or performed by Contractor under the terms of any agreement that may arise due to the bidding process. Without limiting
the foregoing, any and all such claims, suits,or other actions relating to personal injury, death, damage to property, defects in materials or
workmanship, actual or alleged violations of any applicable Statute, ordinance, administrative order, rule or regulation, or decree of any court
shall be included in the indemnity hereunder.
5.09 TERMINATION FOR CAUSE: If,through any cause,the Contractor shall fail to fulfill in a timely and proper manner its obligations under this
Agreement, or if the Contractor shall violate any of the provisions of this Agreement, the City may upon written notice to the Contractor
terminate the right of the Contractor to proceed under this Agreement,or with such part or parts of the Agreement as to which there has been
default, and may hold the Contractor liable for any damages caused to the City by reason of such default and termination. In the event of
such termination,any completed services performed by the Contractor under this Agreement shall,at the option of the City,become the City's
property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. The
Contractor, however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the Agreement
by the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the amount of
damages due to the City from the Contractor can be determined.
6.10 TERMINATION FOR CONVENIENCE: The City reserves the right, in its best interest as determined by the City,to cancel contract by giving
written notice to the Contractor thirty(30)days prior to the effective date of such cancellation.
6.111 CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the City for payment to a Contractor is limited to the availability of
funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of
funds,unless otherwise authorized by law.
6.12 RECORDS/AUDIT: The Contractor shall maintain during the term of the contract all books of account,reports and records in accordance with
generally accepted accounting practices and standards for records directly related to this contract. The forth of all records and reports shall be
subject to the approval of the City's Internal Auditor. The Contractor agrees to make available to the Cilh s Internal Auditor, during normal -
business hours and in Broward, Miami-Dade or Palm Beach Counties,all books of account,reports and records relating to this contract for the
duration of the contract and retain them for a minimum period of three (3)years beyond the last day of the contract term.
5.13 PERMITS, TAXES, LICENSES: The successful Contractor shall,at their own expense, obtain all necessary permits, pay all licenses,fees
and taxes, required to comply with all local ordinances,state and federal laws, rules and regulations applicable to business to be carried out
under this contract.
5.14 LAWS/ORDINANCES: The Contractor shall observe and comply with all Federal, state, local and municipal laws, ordinances rules and
regulations that would apply to this contract.
6.16 NON-DISCRIMINATION: There shall be no discrimination as to race, sex, color, creed, age or national origin in the operations conducted
under this contract.
5.16 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a
percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur, and those
circumstances significantly affect the Contractor's cost in providing the required prior items or services, then the Contractor may request
adjustments to the costs to the City to reflect the changed circumstances. The circumstances must be beyond the control of the Contractor,
and the requested adjustments must be fully documented. The City may,after examination,refuse to accept the adjusted costs if they are not
properly documented,increases are considered to be excessive,or decreases are considered to be insufficient. In the event the City does not
wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options:
1. The contract can be canceled by the City upon giving thirty (30) days written notice to the Contractor with no penalty to the City or
Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the notice.
2. The City requires the Contractor to continue to provide the items and services at the firm fixed(non-adjusted)cost until the termination of
the contract term then in effect.
3. If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of the
contract to relieve themselves of a legitimate obligation under the contract, and no unusual circumstances had occurred, the City
reserves the right to take any and all action under law or equity. Such action shall include,but not be limited to,declaring the Contractor
in default and disqualifying him for receiving any business from the City for a stated period of time.
If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing
signed by a person authorized to bind the City in such matters.
6.17 ELIGIBILITY: If applicable,the Contractor must first register with the Department of State of the State of Florida, in accordance with Florida
State Statutes,prior to entering into a contract with the City.
6.18 PATENTS AND ROYALTIES: The Contractor,without exception,shall indemnify and save harmless the City and its employees from liability
of any nature and kind, including cost and expenses for or on account of any copyrighted, patented or un-patented invention, process, or
article manufactured or used in the performance of the contract, including its use by the City. If the Contractor uses any design, device,or
materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all
royalties or costs arising from the use of such design,device,or materials in any way involved in the work.
Jan 11,2011 1:28:54 PM EST p.32
City of Fort Lauderdale Bid 195-10353
5.19 ASSIGNMENT: Contractor shall not transfer or assign the performance required by this ITB without the prior written consent of the City. Any
award issued pursuant to this ITB, and the monies, which may become due hereunder, are not assignable except with the prior written
approval of the City Commission or the City Manager or City Managers designee,depending on original award approval.
5.20 LITIGATION VENUE: The parties waive the privilege of venue and agree that all litigation between them in the state courts shall take place in
Broward County,Florida and that all litigation between them in the federal courts shall take place in the Southern District in and for the State of
Florida.
Form G-107 Rev. 06/09
Jan 11,2011 1:28:54 PM EST p.33
i
Citv of Fort Lauderdale Bid 195-10353
City of Fort Lauderdale•Procurement Services Department
100 N.Andrews Avenue,#619• Fort Lauderdale, Florida 33301
954-828-5933 FAX 954-828-5576
purchaseCrDfortla uderdale.aov
ADDENDUM NO. 1
RFP 195-10353
State Legislative Lobbyist Services
ISSUED: December 21, 2009
1) On Page 6, PART II — RFP Schedule, the following dates have been
changed to read:
Last Date for Receipt of Questions of a Material Nature 01/13/10
2:00pm EST
Addendum Release (if required) 01/15/10
2:00pm EST
PROPOSALS DUE (Prior to 2:00 PM) 02/01/10
Evaluation Committee Review of proposals
(Estimated Date) 02/10/10
Final Ranking and Oral Presentations— if required
(Estimated Date) 02/26/10
Anticipated City Commission Award
(Estimated Date) 03/16/10
All other terms, conditions, and specifications remain unchanged.
This Addendum No. 1 SHOULD be submitted with your RFP Proposal,
(RFP 195-10353)
Michael Walker, CPPB
Procurement and Contracts Manager
Company
Name:
(please print)
Authorized Contractors
Signature:
Date:
Jan 11,2011 1:28:54 PM EST p.34
i
Cih�of For.Lauderdale Bid 195-10353
City of Fort Lauderdale•Procurement Services Department
100 N.Andrews Avenue,#619• Fort Lauderdale, Florida 33301
954-828-5933 FAX 954-828-5576
purchase Wortlauderdale.00v
ADDENDUM NO. 2
RFP 195-10353
State Legislative Lobbyist Services
ISSUED: December 22, 2009
1) The General Conditions below, were originally missing in RFP 195-10353
when released, and have being added and made part of the RFP contract 195-
10353, as stated below.
City of Fort Lauderdale
GENERAL CONDITIONS
These instructions are standard for all contracts for commodities or services issued through the City of Fort Lauderdale
Procurement Services Department. The City may delete, supersede,or modify any of these standard instructions for a
particular contract by indicating such change in the Invitation to Bid (ITS) Special Conditions, Technical Specifications,
Instructions, Proposal Pages, Addenda, and Legal Advertisement. In this general conditions document, Invitation to Bid
(ITB)and Request for Proposal(RFP)are interchangeable.
PART I BIDDER PROPOSAL PAGES)CONDITIONS:
1.01 BIDDER ADDRESS: The City maintains automated vendor address lists that have been generated for each
specific Commodity Class item through our bid issuing service, BidSync. Notices of Invitations to Bid (ITB'S)
are sent by e-mail to the selection of bidders who have fully registered with BidSync or faxed(if applicable) to
every vendor on those lists,who may then view the bid documents online. Bidders who have been informed of a _
bid's availability in any other manner are responsible for registering with BidSync in order to view the bid
documents.There is no fee for doing so. If you wish bid notifications be provided to another e-mail address or
fax, please contact BidSync.If you wish purchase orders sent to a different address, please so indicate in your
bid response. If you wish payments sent to a different address,please so indicate on your invoice.
1.02 DELIVERY: Time will be of the essence for any orders placed as a result of this ITB. The City reserves the
right to cancel any orders, or part thereof, without obligation if delivery is not made in accordance with the
schedule specified by the Bidder and accepted by the City.
1.03 PAYMENT TERMS AND CASH DISCOUNTS: Payment terms, unless otherwise stated in this ITB, will be
considered to be net 30 days after the date of satisfactory delivery at the place of acceptance and receipt of
correct invoice at the office specified, whichever occurs last. Bidder may offer cash discounts for prompt
payment but they will not be considered in determination of award. If a Bidder offers a discount,it is understood
that the discount time will be computed from the date of satisfactory delivery, at the place of acceptance, and
receipt of correct invoice,at the office specified,whichever occurs last.
1.04 TOTAL BID DISCOUNT: If Bidder offers a discount for award of all items listed in the bid,such discount shall
be deducted from the total of the firm net unit prices bid and shall be considered in tabulation and award of bid.
1.06 BIDS FIRM FOR ACCEPTANCE: Bidder warrants, by virtue of bidding, that the bid and the prices quoted in
the bid will be firm for acceptance by the City for a period of ninety (90) days from the date of bid opening
unless otherwise staled in the ITB.
1.06 VARIANCES: For purposes of bid evaluation,Bidder's must indicate any variances,no matter how slight,from
ITS General Conditions, Special Conditions, Specifications or Addenda in the space provided in the ITB. No
variations or exceptions by a Bidder will be considered or deemed a part of the bid submitted unless such
variances or exceptions are listed in the bid and referenced in the space provided on the bidder proposal
pages. If variances are not stated,or referenced as required,it will be assumed that the product or service fully
complies with the City's terms,conditions,and specifications.
By receiving a bid,City does not necessarily accept any variances contained in the bid. All variances submitted
are subject to review and approval by the City. If any bid contains material variances that, in the City's sole
opinion, make that bid conditional in nature,the City reserves the right to reject the bid or part of the bid that is
declared,by the City as conditional.
Jan 11,2011 1:28:54 PM EST p.35
's Cily of Fort Lauderdale Bid 195-10353
City of Fort Lauderdale.Procurement Services Department
100 N.Andrews Avenue,#619• Fort Lauderdale, Florida 33301
954-828-5933 FAX 954-828-5576
purchase EDfortlauderdale.aov
1.07 NO BIDS: If you do not intend to bid please indicate the reason, such as insufficient time to respond,do
not offer product or service,unable to meet specifications,schedule would not permit,or any other reason,
in the space provided in this ITB. Failure to bid or return no bid comments prior to the bid due and opening date
and time, indicated in this ITS, may result in your firm being deleted from our Bidders registration list for the
Commodity Class Item requested in this ITB.
1.08 MINORITY AND WOMEN BUSINESS ENTERPRISE PARTICIPATION AND BUSINESS DEFINITIONS: The
City of Fort Lauderdale wants to increase the participation of Minority Business Enterprises (MBE), Women
Business Enterprises (WBE), and Small Business Enterprises(SBE)in its procurement activities. If your firm
qualifies in accordance with the below definitions please indicate in the space provided in this ITB.
Minority Business Enterprise (MBE)'A Minority Business" is a business enterprise that is owned or controlled
by one or more socially or economically disadvantaged persons. Such disadvantage may arise from cultural,
racial, chronic economic circumstances or background or other similar cause. Such persons include, but are
not limited to: Blacks,Hispanics,Asian Americans,and Native Americans.
The term 'Minority Business Enterprise" means a business at least 51 percent of which is owned by minority
group members or,in the case of a publicly owned business,at least 51 percent of the stock of which is owned
by minority group members. For the purpose of the preceding sentence, minority group members are citizens
of the United States who include, but are not limited to: Blacks, Hispanics, Asian Americans, and Native
Americans.
Women Business Enterprise(WBE)a'Women Owned or Controlled Business'is a business enterprise at least
51 percent of which is owned by females or,in the case of a publicly owned business,at least 51 percent of the
stock of which is owned by females.
Small Business Enterprise (SBE) 'Small Business' means a corporation, partnership, sole proprietorship, or
other legal entity formed for the purpose of making a profit, which is independently owned and operated, has
either fewer than 100 employees or less than$1,000,000 in annual gross receipts.
BLACK,which includes persons having origins in any of the Black racial groups of Africa.
WHITE,which includes persons whose origins are Anglo-Saxon and Europeans and persons of Indo-European
decent including Pakistani and East Indian.
HISPANIC, which includes personsof Mexican, Puerto Rican, Cuban, Central and South American, or other
Spanish culture or origin,regardless of race.
NATIVE AMERICAN,which includes persons whose origins are American Indians, Eskimos,Aleuts, or Native
Hawaiians.
ASIAN AMERICAN, which includes persons having origin in any of the original peoples of the Far East,
Southeast Asia,the Indian subcontinent,or the Pacific Islands.
1.09 MINORITY-WOMEN BUSINESS ENTERPRISE PARTICIPATION
It is the desire of the City of Fort Lauderdale to increase the participation of minority(MBE)and women-owned
(WBE)businesses in its contracting and procurement programs. While the City does not have any preference
or set aside programs in place, it is committed to a policy of equitable participation for these firms. Proposers
are requested to include in their proposals a narrative describing their past accomplishments and intended
actions in this area. If proposers are considering minority or women owned enterprise participation in their
proposal,those firths,and their specific duties have to be identified in the proposal, ff a proposer is considered
for award, he or she will be asked to meet with City staff so that the intended MBEIW BE participation can be
formalized and included in the subsequent contract.
Part II DEFINITIONS/ORDER OF PRECEDENCE:
2.01 BIDDING DEFINITIONS The City will use the following definitions in it's general conditions, special conditions,
technical specifications,instructions to bidders,addenda and any other document used in the bidding process:
INVITATION TO BID(ITB)when the City is requesting bids from qualified Bidders.
REQUEST FOR PROPOSALS(RFP)when the City is requesting proposals from qualified Proposers.
BID-a price and terms quote received in response to an ITB.
PROPOSAL-a proposal received in response to an RFP.
BIDDER-Person or firm submitting a Bid.
PROPOSER-Person or firm submitting a Proposal.
RESPONSIVE BIDDER -A person whose bid conforms in all material respects to the terms and conditions
included in the ITB.
RESPONSIBLE BIDDER - A person who has the capability in all respects to perform in full the contract
requirements,as stated in the ITS,and the integrity and reliability that will assure good faith performance.
FIRST RANKED PROPOSER-That Proposer, responding to a City RFP, whose Proposal is deemed by the
City,the most advantageous to the City after applying the evaluation criteria contained in the RFP.
SELLER-Successful Bidder or Proposer who is awarded a Purchase Order or Contract to provide goods or
services to the City.
Jan 11,2011 1:28:54 PM EST p 36
i City of Fort Lauderdale Bid 155-10353
City of Fort Lauderdale• Procurement Services Department
100 N.Andrews Avenue,#619• Fort Lauderdale, Florida 33301
954-828-5933 FAX 954-828-5576
pu rchase(a)fortla uderdale.aov
CONTRACTOR — Successful Bidder or Proposer who is awarded a Purchase Order, award Contract, Blanket
Purchase Order agreement,or Term Contract to provide goods or services to the City.
CONTRACT—A deliberate verbal or written agreement between two or more competent parties to perform or
not to perform a certain act or acts,including all types of agreements,regardless of what they may be called,for
the procurement or disposal of equipment,materials,supplies,services or construction.
CONSULTANT—Successful Bidder or Proposer who is awarded a contract to provide professional services to
the City.
The following terms may be used interchangeably by the City: ITB and/or RFP; Bid or Proposal; Bidder,
Proposer,or Seller;Contractor or Consultant;Contract,Award,Agreement or Purchase Order.
2.02 SPECIAL CONDITIONS: Any and all Special Conditions contained in this ITS that may be in variance or
conflict with these General Conditions shall have precedence over these General Conditions. If no changes or
deletions to General Conditions are made in the Special Conditions,then the General Conditions shall prevail in
their entirety,
PART III BIDDING AND AWARD PROCEDURES:
3.01 SUBMISSION AND RECEIPT OF BIDS: To receive consideration, bids must be received prior to the bid
opening date and time. Unless otherwise specified, Bidder's should use the proposal forms provided by the
City. These forms may be duplicated, but failure to use the forms may cause the bid to be rejected. Any
erasures or corrections on the bid must be made in ink and initialed by Bidder in ink. All information submitted
by the Bidder shall be printed, typewritten or filled in with pen and ink. Bids shall be signed in ink. Separate
bids must be submitted for each ITB issued by the City in separate seated envelopes properly marked. When a
particular ITB or RFP requires multiple copies of bids or proposals they may be included in a single envelope or
package properly sealed and identified. Only send bids via facsimile transmission(FAX)if the ITB specifically
states that bids sent via FAX will be considered. If such a statement is not included in the ITB, bids sent via
FAX will be rejected. Bids will be publicly opened in the Procurement Office,or other designated area, in the
presence of Bidders,the public,and City staff. Bidders and the public are invited and encouraged to attend bid
openings. Bids will be tabulated and made available for review by Bidder's and the public in accordance with
applicable regulations.
3.02 MODEL NUMBER CORRECTIONS: If the model number for the make specified in this ITB is incorrect,or no
longer available and replaced with an.updated model with new specifications,the Bidder shall enter the correct
model number on the bidder proposal page. In the case of an updated model with new specifications, Bidder
shall provide adequate information to allow the City to determine if the model bid meets the City's requirements.
3.03 PRICES QUOTED: Deduct trade discounts,and quote firm net prices. Give both unit price and extended total.
In the case of a discrepancy in computing the amount of the bid,the unit price quoted will govern. All prices
quoted shall be F.O.B.destination,freight prepaid (Bidder pays and bears freight charges, Bidder owns goods
in transit and files any claims), unless otherwise stated in Special Conditions. Each item must be bid
separately. No attempt shall be made to tie any item or items contained in the ITB with any other business with
the City.
3.04 TAXES: The City of Fort Lauderdale is exempt from Federal Excise and Florida Sales taxes on direct purchase
of tangible property. Exemption number for EIN is 59-6000319, and State Sales tax exemption number is
85-8013875578C-1.
3.06 WARRANTIES OF USAGE: Any quantities listed in this ITB as estimated or projected are provided for
tabulation and information purposes only. No warranty or guarantee of quantities is given or implied. It is
understood that the Contractor will furnish the City's needs as they arise.
3.06 APPROVED EQUAL: When the technical specifications call for a brand name,manufacturer, make, model,or
vendor catalog number with acceptance of APPROVED EQUAL, it shall be for the purpose of establishing a
level of quality and features desired and acceptable to the City. In such rases,the City will be receptive to any
unit that would be considered by qualified City personnel as an approved equal. In that the specified make and
model represent a level of quality and features desired by the City,the Bidder must state clearly in the bid any
variance from those specifications. It is the Bidder's responsibility to provide adequate information,in the bid,to
enable the City to ensure that the bid meets the required criteria. If adequate information is not submitted with
the bid,it may be rejected. The City will be the sole judge in determining if the item bid qualifies as an approved
equal.
3.07 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS: The technical specifications may include
items that are considered minimum, mandatory, or required. If any Bidder is unable to meet or exceed these
items, and feels that the technical specifications are overly restrictive, the bidder must notify the Procurement
Services Department immediately. Such notification must be received by the Procurement Services
Department prior to the deadline contained in the ITB,for questions of a material nature,or prior to five(5)days
before bid due and open date,whichever occurs first. If no such notification is received prior to that deadline,
the City will consider the technical specifications to be acceptable to all bidders.
Jan 11,2011 1:28:54 PM EST p.37
i City of fort Lauderdale Bid 105-10353
City of Fort Lauderdale• Procurement Services Department '
100 N.Andrews Avenue,#619•Fort Lauderdale, Florida 33301
954-828-5933 FAX 954-828-5576
purchase(dfortlauderd a le.00v
3.08 MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits,
addenda, delivery instructions and special conditions pertaining to the ITS. Failure of the Bidder to
examine all pertinent documents shall not entitle the bidder to any relief from the conditions imposed in the
contract.
3.09 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested to determine
suitability. Unless otherwise specified in Special Conditions, samples shall be requested after the date of bid
opening, and if requested should be received by the City within seven (7)working days of request. Samples,
when requested, must be furnished free of expense to the City and if not used in testing or destroyed,will upon
request of the Bidder, be returned within thirty(30)days of bid award at Bidders expense. When required,the
City may request full demonstrations of units prior to award. When such demonstrations are requested, the
Bidder shall respond promptly and arrange a demonstration at a convenient location. Failure to provide
samples or demonstrations as specified by the City may result in rejection of a bid.
3.10 LIFE CYCLE COSTING: If so specified in the ITB,the City may elect to evaluate equipment proposed on the
basis of total cost of ownership. In using Life Cycle Costing,factors such as the following may be considered:
estimated useful fife, maintenance costs, cost of supplies, labor intensity,energy usage,environmental impact,
and residual value. The City reserves the right to use those or other applicable criteria,in its sole opinion that
will most accurately estimate total cost of use and ownership.
3.11 BIDDING ITEMS WITH RECYCLED CONTENT: In addressing environmental concems, the City of Fort
Lauderdale encourages Bidders to submit bids or alternate bids containing items with recycled content. When
submitting bids containing items with recycled content, Bidder shall provide documentation adequate for the
City to verify the recycled content. The City prefers packaging consisting of materials that are degradable or
able to be recycled. When specifically stated in the ITB,the City may give preference to bids containing items
manufactured with recycled material or packaging that is able to be recycled.
3.12 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any
bids received and utilize other available governmental contracts,if such action is in its best interest.
3.13 QUALIFICATIONS/INSPECTION: Bids will only be considered from firms normally engaged in providing the
types of commodities/services specified herein. The City reserves the right to inspect the Bidders facilities,
equipment,personnel,and organization at any time,or to take any other action necessary to determine Bidders
ability-to perform. The Procurement Director reserves the right to reject bids where evidence or evaluation is
determined to indicate inability to perform.
3.14 BID SURETY: If Special Conditions require a bid security, it shall be submitted in the amount stated. A bid
security can be in the form of a bid bond,postal money order,cashiers check,or irrevocable letter of credit. Bid
security will be returned to the unsuccessful bidders as soon as practicable after opening of bids. Bid security
will be returned to the successful bidder after acceptance of the performance bond or irrevocable letter of credit,
if required;acceptance of insurance coverage,if required;and full execution of contract documents, if required;
or conditions as stated in Special Conditions.
3.15 PUBLIC RECORDS: Florida law provides that municipal records shall at all times be open for personal
inspection by any person. Section 119.01, F.S., the Public Records Law. Information and materials received
by City in connection with an ITB response shall be deemed to be public records subject to public inspection
upon award,recommendation for award,or 10 days after bid opening,whichever occurs first. However,certain
exemptions to the public records law are statutorily provided for in Section 119.07,F.S. If the Proposer believes
any of the information contained in his or her response is exempt from the Public Records Law, then the
Proposer, must in his or her response, specifically identify the material which is deemed to be exempt and cite
the legal authority for the exemption. The City's determination of whether an exemption applies shall be final,
and the Proposer agrees to defend, indemnify, and hold harmless the City and the City's officers,employees,
and agents,against any loss or damages incurred by any person or entity as a result of the City's treatment of
records as public records.
3.16 PROHIBITION OF INTEREST: No contract will be awarded to a bidding firm who has City elected officials,
officers or employees affiliated with it, unless the bidding firm has fully complied with current Florida State
Statutes and City Ordinances relating to this issue. Bidders must disclose any such affiliation. Failure to
disclose any such affiliation will result in disqualification of the Bidder and removal of the Bidder from the City's
bidder lists and prohibition from engaging in any business with the City.
3.17 RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The City reserves the right to accept or reject
any or all bids,part of bids,and to waive minor irregularities or variations to specifications contained in bids,and
minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order
basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City.
The City reserves the right to make an award to the responsive and responsible bidder whose product or
service meets the terms,conditions,and specifications of the ITS and whose bid is considered to best serve the
City's interest. In determining the responsiveness of the offer and the responsibility of the Bidder,the following
shall be considered when applicable: the ability,capacity and skill of the Bidder to perform as required;whether
Jan 11,2011 1:28:54 PM EST p.38
s
City of Fort Lauderdale Bid 195-10353
City of Fort Lauderdale•Procurement Services Department
100 N.Andrews Avenue,#619• Fort Lauderdale, Florida 33301
954-828-5933 FAX 954-828-5576
purchase(difortlauderda le.aov
the Bidder can perform promptly, or within the time specified,without delay or interference;the character,
integrity,reputation,judgment, experience and efficiency of the Bidder;the quality of past performance by
the Bidder;the previous and existing compliance by the Bidder with related laws and ordinances;the sufficiency
of the Bidders financial resources;the availability,quality and adaptability of the Bidder's supplies or services to
the required use;the ability of the Bidder to provide future maintenance,service or parts;the number and scope
of conditions attached to the bid.
If the ITS provides for a contract trial period, the City reserves the right, in the event the selected bidder does
not perform satisfactorily, to award a trial period to the next ranked bidder or to award a contract to the next
ranked bidder, if that bidder has successfully provided services to the City in the past. This procedure to
continue until a bidder is selected or the contract is re-bid,at the sole option of the City.
3.18 LEGAL REQUIREMENTS: Applicable provisions of all federal,state,county laws,and local ordinances, rules
and regulations,shall govern development,submittal and evaluation of all bids received in response hereto and
shall govern any and all claims and disputes which may arse between persons) submitting a bid response
hereto and the City by and through its officers,employees and authorized representatives,or any other person,
natural or otherwise;and lack of knowledge by any bidder shall not constitute a cognizable defense against the
legal effect thereof.
PART IV BONDS AND INSURANCE
4.01 PERFORMANCE BONDIIRREVOCABLE LETTER OF CREDIT: If a performance bond or irrevocable letter of
credit is required in Special Conditions,the Contractor shall within fifteen(15)working days after notification of
award,furnish to the City a Performance Bond or an Unconditional Irrevocable Letter of Credit payable to the
City of Fort Lauderdale, Florida, in the face amount specified in Special Conditions as surety for faithful
performance under the terms and conditions of the contract. If the bond is on an annual coverage basis,
renewal for each succeeding year shall be submitted to the City thirty(30)days prior to the termination date of
the existing Performance Bond.The Performance Bond must be executed by a surety company of recognized
standing,authorized to do business in the State of Florida and having a resident agent. If a Letter of Credit is
chosen,it must be in a form acceptable to the City,drawn on a local(Broward, Dade or Palm Beach Counties)
bank acceptable to the City and issued in favor of the City of Fort Lauderdale, Florida. If a Bidder wishes to use
a non-local bank,he must have prior City approval of the requirements to draw against the Letter of Credit.
Acknowledgement and agreement is given by both parties that the amount herein set for the Performance Bond
or Irrevocable Letter of Credit is not intended to be nor shall be deemed to be in the nature of liquidated
damages nor is it intended to limit the liability of the Contractor to the City in the event of a material breach of
this Agreement by the Contractor.
4.02 INSURANCE: If the Contractor is required to go on to City property to perform work or services as a result of
ITS award, the Contractor shall assume full responsibility and expense to obtain all necessary insurance as
required by City or specified in Special Conditions.
The Contractor shall provide to the Procurement Services Department original certificates of coverage and
receive notification of approval of those certificates by the City's Risk Manager prior to engaging in any activities
under this contract. The Contractors insurance is subject to the approval of the City's Risk Manager. The
certificates must list the City as an ADDITIONAL INSURED and shall have no less than thirty(30)days written
notice of cancellation or material change. Further modification of the insurance requirements may be made at
the sole discretion of the City's Risk Manager if circumstances change or adequate protection of the City is not
presented. Bidder,by submitting the bid,agrees to abide by such modifications.
PART V PURCHASE ORDER AND CONTRACT TERMS:
5.01 COMPLIANCE TO SPECIFICATIONS, LATE DELIVERIESIPENALTIES: Items offered may be tested for
compliance to bid specifications. Items delivered which do not conform to bid specifications may be rejected
and returned at Contractor's expense. Any violation resulting in contract termination for cause or delivery of
items not conforming to specifications,or late delivery may also result in:
- Bidders name being removed from the City's bidders mailing list for a specified period and Bidder will
not be recommended for any award during that period.
- All City Departments being advised to refrain from doing business with the Bidder.
- All other remedies in law or equity.
5.02 ACCEPTANCE, CONDITION, AND PACKAGING: The material delivered in response to ITS award shall
remain the property of the Seller until a physical inspection is made and the material accepted to the
satisfaction of the City. The material must comply fully with the terms of the ITB,be of the required quality,new,
and the latest model. All containers shall be suitable for storage and shipment by common carrier, and all
prices shall include standard commercial packaging. The City will not accept substitutes of any kind. Any
substitutes or material not meeting specifications will be returned at the Bidder's expense. Payment will be
made only after City receipt and acceptance of materials or services.
Jan 11,2011 1:28:54 PM EST p.39
City of Fort Lauderuale Bid 1 9 5-103113
City of Fort Lauderdale•Procurement Services Department -
100 N.Andrews Avenue,#619• Fort Lauderdale, Florida 33301
954-828-5933 FAX 954-828-5576
pu rchase(Mortla uderdale.aov
5.03 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicable
requirements of the Occupation Safety and Health Act of 1970 as amended, and be in compliance with
Chapter 442, Florida Statutes. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative
Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sheet
(MSDS).
5.04 ASBESTOS STATEMENT: All material supplied must be 100% asbestos free. Bidder, by virtue of bidding,
certifies that if awarded any portion of the ITS the bidder will supply only material or equipment that is 100%
asbestos free.
5.05 OTHER GOVERNMENTAL ENTITIES: If the Bidder is awarded a contract as a result of this ITS, the bidder
will, if the bidder has sufficient capac0y or quantities available, provide to other governmental agencies, so
requesting, the products or services awarded in accordance with the terms and conditions of the ITS and
resulting contract. Prices shall be F.O.B.delivered to the requesting agency.
6.06 VERBAL INSTRUCTIONS PROCEDURE: No negotiations,decisions,or actions shall be initiated or executed
by the Contractor as a result of any discussions with any City employee. Only those communications which are
in writing from an authorized City representative may be considered. Only written communications from
Contractors, which are assigned by a person designated as authorized to bind the Contractor, will be
recognized by the City as duly authorized expressions on behalf of Contractors.
6.07 INDEPENDENT CONTRACTOR: The Contractor is an independent contractor under this Agreement.
Personal services provided by the Proposer shall be by employees of the Contractor and subject to supervision
by the Contractor,and not as officers,employees,or agents of the City. Personnel policies,tax responsibilities,
social security, health insurance, employee benefits, procurement policies unless otherwise stated in this ITS,
and other similar administrative procedures applicable to services rendered under this contract shall be those of
the Contractor.
5.08 INDEMNITY/HOLD HARMLESS AGREEMENT: The Contractor agrees to protect,defend,indemnify,and hold
harmless the City of Fort Lauderdale and its officers, employees and agents from and against any and all
losses, penalties, damages, settlements, claims, costs, charges for other expenses, or liabilities of every and
any kind including attorneys fees, in connection with or arising directly or indirectly out of the work agreed to or
performed by Contractor under the terms of any agreement that may arise due to the bidding process. Without
limiting the foregoing,any and all such claims,suits;or other actions relating to personal Injury,death,damage
to property, defects in materials or workmanship, actual or alleged violations of any applicable Statute,
ordinance, administrative order, rule or regulation, or decree of any court shall be included in the indemnity
hereunder.
5.09 TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper
manner its obligations under this Agreement, or if the Contractor shall violate any of the provisions of this
Agreement,the City may upon written notice to the Contractor terminate the right of the Contractor to proceed
under this Agreement,or with such part or parts of the Agreement as to which there has been default,and may
hold the Contractor liable for any damages caused to the City by reason of such default and termination. In the
event of such termination, any completed services performed by the Contractor under this Agreement shall,at
the opfion of the City, become the City's property and the Contractor shall be enfited to receive equitable
compensation for any work completed to the satisfaction of the City. The Contractor, however, shall not be
relieved of liability to the City for damages sustained by the City by reason of any breach of the Agreement by
the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until such
time as the amount of damages due to the City from the Contractor can be determined.
6.10 TERMINATION FOR CONVENIENCE: The City reserves the right, in its best interest as determined by the
City,to cancel contract by giving written notice to the Contractor thirty (30)days prior to the effective date of
such cancellation.
5.11 CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the City for payment to a Contractor is
limited to the availability of funds appropriated in a current fiscal period,and continuation of the contract into a
subsequent fiscal period is subject to appropriation of funds,unless otherwise authorized by law.
5.12 RECORDS/AUDIT: The Contractor shall maintain during the term of the contract all books of account, reports
and records in accordance with generally accepted accounting practices and standards for records directly
related to this contract. The form of all records and reports shall be subject to the approval of the City's Internal
Auditor. The Contractor agrees to make available to the City's Internal Auditor,during normal business hours
and in Broward,Miami-Dade or Palm Beach Counties,all books of account,reports and records relating to this
contract for the duration of the contract and retain them for a minimum period of three (3)years beyond the last
day of the contract term.
5.13 PERMITS, TAXES, LICENSES: The successful Contractor shall, at their own expense, obtain all necessary
permits, pay all licenses, fees and taxes, required to comply with all local ordinances, stale and federal laws,
rules and regulations applicable to business to be carried out under this contract.
Jan 11,2011 1:26:54 PM EST p.40
i City of Fort Lauderdale Bid 195-10353
City of Fort Lauderdale•Procurement Services Department
100 N.Andrews Avenue,#619• Fort Lauderdale, Florida 33301
954-828-5933 FAX 954-828-5576
purchasetcfortla uderdale.00v
5.14 LAWSIORDINANCES: The Contractor shall observe and comply with all Federal, state, local and municipal
laws,ordinances rules and regulations that would apply to this contract.
5.15 NON-DISCRIMINATION: There shall be no discrimination as to race,sex,color,creed,age or national origin in
the operations conducted under this contract.
5.16 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or
adjustments are restricted by a percentage or CPI cap, unusual circumstances that could not have been
foreseen by either party of the contract occur,and those circumstances significantly affect the Contractor's cost
in providing the required prior items or services, then the Contractor may request adjustments to the costs to
the City to reflect the changed circumstances. The circumstances must be beyond the control of the
Contractor,and the requested adjustments must be fully documented. The City may,after examination,refuse
to accept the adjusted costs if they are not properly documented, increases are considered to be excessive,or
decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs
and the matter cannot be resolved to the satisfaction of the City,the City will reserve the following options:
1. The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with
no penalty to the City or Contractor. The Contractor shall fill all City requirements submitted to the
Contractor until the termination date contained in the notice.
2. The City requires the Contractor to continue to provide the items and services at the firm fixed (non-
adjusted)cost until the termination of the contract term then in effect.
3. If the City, in its interest and in its sole opinion, determines that the Contractor in a capricious manner
attempted to use this section of the contract to relieve themselves of a legitimate obligation under the
contract,and no unusual circumstances had occurred,the City reserves the right to take any and all action
under law or equity. Such action shall include, but not be limited to,declaring the Contractor in default and
disqualifying him for receiving any business from the City for a stated period of time.
If the City does agree to adjusted costs, these adjusted costs shall not be invoiced to the City until the
Contractor receives notice in writing signed by a person authorized to bind the City in such matters.
6.17 ELIGIBILITY: If applicable, the Contractor must first register with the Department of State of the State of
Florida,in accordance with Florida State Statutes,prior to entering into a contract with the City.
6.18 PATENTS AND ROYALTIES: The Contractor, without exception, shall indemnify and save harmless the City
and its employees from liability of any nature and kind, including cost and expenses for or on account of any
copyrighted, patented or un-patented invention, process,or article manufactured or used in the performance of
the contract, including its use by the City. If the Contractor uses any design, device, or materials covered by
letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall
include all royalties or costs arising from the use of such design,device,or materials in any way involved in the
work.
5.19 ASSIGNMENT: Contractor shall not transfer or assign the performance required by this ITB without the prior
written consent of the City. Any award issued pursuant to this ITS, and the monies, which may become due
hereunder,are not assignable except with the prior written approval of the City Commission or the City Manager
or City Manager's designee,depending on original award approval.
5.20 LITIGATION VENUE: The parties waive the privilege of venue and agree that all litigation between them in the
state courts shall take place in Broward County,Florida and that all litigation between them in the federal courts
shall take place in the Southern District in and for the Stale of Florida.
All other terms, conditions, and specifications remain unchanged.
This Addendum No. 2 SHOULD be submitted with your RFP Proposal,
(RFP 195-10353)
Jan 11,2011 1:28:54 PM EST p,41
's City of Fort Lauderdale Bid 19:1-10353
City of Fort Lauderdale• Procurement Services Department
100 N.Andrews Avenue,#619• Fort Lauderdale, Florida 33301
954-828-5933 FAX 954-828-5576
lip ourchase(a)fortlauderdale.aov
Michael Walker, CPPB
Procurement and Contracts Manager
Company
Name:
(please print)
Authorized Contractors
Signature:
Date:
Jan 11,2011 1:28:54 PM EST p.42
•� City of Port Lauderdale &d 105-10353
City of Fort Lauderdale•Procurement Services Department
100 N.Andrews Avenue,#619• Fort Lauderdale, Florida 33301
954-828-5933 FAX 954-828-5576
purchase a0fortlauderdale.aov
ADDENDUM NO. 3
RFP 195-10353
State Legislative Lobbyist Services
ISSUED: January 22, 2010
PART IV— SPECIAL CONDITIONS, Item 19. SUBCONTRACTING, is being
deleted and replaced with the following:
19. SUBCONTRACTORS
The Contractor must be capable of performing all the services as
contained in the bid specifications. If the Bidder intends to use sub-
contractors in the performance of these services, bidder shall submit
complete information on all proposed sub-contractors as a part of the bid
response. The same qualification requirements, and all other terms and
conditions of the bid shall also apply to the sub-contractor. The City
reserves the right to approve or disapprove any sub-contractor proposed.
Contractor shall ensure that all of Contractor's sub-contractors perform in
accordance with the terms and conditions of this Contract. Contractor
shall be. fully responsible for all of Contractors sub-contractors'
performance, and liable for any of Contractor's sub-contractors' non-
performance and all of Contractor's sub-contractors' acts and omissions.
Contractor shall defend, counsel being subject to the City's approval or
disapproval, and indemnify and hold harmless the City and the City's
officers, employees, and agents from and against any claim, lawsuit, third
party action, or judgment, including any award of attorney fees and any
award of costs, occasioned by or arising out of any act or omission by any
of Contractor's sub-contractors.
All other terms, conditions, and specifications remain unchanged.
This Addendum No. 3 should be submitted with your RFP Proposal,
(RFP 195-10353)
Michael Walker, CPPB
Procurement and Contracts Manager
Company
Name:
(Please print)
Authorized Contractors
Signature:
Date:
Jan 11,2011 1:28:54 PM EST p.43
City of Fort Lauderdale Bid 195-10s53
Question and Answers for Bid #195-10353 - State Legislative Lobbyist
Services
OVERALL BID QUESTIONS
Question 1
My question concerns Item 03. of Part III-Scope of Services. Paragraph d. references working with "the Florida
delegation" to ensure their understanding and support, etc. etc. Typically a reference to the "Florida delegation"
encompasses the U. S. Congress; are you referring to the U. S. Senate and House of Representatives or to the
Florida Senate and House of Representatives? (Submitted: Dec 16,2009 4:29:57 PM EST)
Answer
- The City is only referring to the State of Florida Executive Branch and administrative offices - Florida Senate and
House of Representatives. (Answered: Dec 18, 2009 10:48:52 AM EST)
Question 2
Will there be points for minority contractors. How would they need to be registered do have status considered 7
(Submitted: Dec 18, 2009 1:57:40 PM EST)
Answer
-There are no points given to minority contractors. All vendors are evaluated on their experience, qualifications
etc. as stated in the RFP document. (Answered: Dec 18,2009 3:27:07 PM EST)
Question 3
The RFP specifies that subcontracting is not permissible unless specifically approved by the City of Ft.
Lauderdale. However, is a proposal submitted as a joint venture between two consulting firms permissible?
(Submitted:Jan 11,2010 2:59:59 PM EST)
Answer . . _
-The City has released an Addendum No. 1 date O1/22/10, which deletes Item 19 Subcontractors, under PART IV -
Special Conditions and replaces it with new language, which does permit Subcontractors, as stated in Addeundum
No. 1. (Answered:Jan 22, 2010 2:43:01 PM EST)
- Correction - Addendum No. 3 dated 01/22/10 has the change relating to Subcontractors, Not Addendum No. 1.
(Answered:Jan 22, 2010 2:49:39 PM EST)
Jan 11,2011 1:28:54 PM EST p.44
CITY OF DANIA BEACH, FL
Fiscal Year 2012 Federal Appropriations Requests
DRAFT
1.) Dania Beach Bridge Replacement Project
In the State of Florida, the economic impact of the marine industry is approximately
$18.6 billion dollars and employs approximately 220,000 people. In Broward County,
the direct, indirect and induced impacts of the marine industry have accounted for an
economic impact of more than $10.6 billion dollars and created more than 134,000 jobs.
Due to the diminishing number of waterfront parcels suitable for marine industry
development, South Florida continues to lose boat manufacturers and related marine
industry uses to others. The City of Dania Beach,which is located in Broward County,
has created one of the most ambitious marine industry expansion plans in recent memory
in order to stem the tide of the loss of valuable waterfront parcels.
The City's plan calls for the reconstruction of two major bridges over the Dania Cut Off
Canal, including the US-1 Bridge and the Florida East Coast Railway Bridge. These
bridges would be replaced by either a drawbridge or a fixed bridge with a minimum
height of 22 feet. These existing bridges have been an impediment to marine industry
expansion because their 12-foot heights prevented most boats over 26 feet from traveling
east-west along the canal. Additionally,these bridges also present a very real safety
hazard to the small boaters who currently sail on the canal; the bridges are very narrow
which means that water is also higher on one side than the other. Boaters have to be very
careful in order to not have their boat hit against the base of the bridge. This is not only a
dangerous navigational scenario but a dangerous transportation scenario for the vehicles
that use the roadway above.
In conjunction with the realignment of certain roadways in order to place more land
directly on the waterways and the reconstruction of two smaller bridges,this project is
projected to create approximately $1.5 billion dollars in yearly economic and wage
impacts over the next 10-15 years and create 4,000-6,000 new high-paying jobs during
that same time period.
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2.) Dania Beach Stormwater Infrastructure Improvement Project
Several rain events over the last decade have cause major damage to property in
residential neighborhoods throughout the City. Dania Beach was the first city in Broward
County, as such; its infrastructure is old and requires upgrading. The land use since the
founding of Dania Beach in 1904 did not plan adequately to handle storm water runoff
and the conditions have been made worse with subsequent development. The City is
planning to address storm water in two areas of the City which are the southeast
neighborhood and west griffin neighborhoods.
One project will address storm water drainage issues in the SE Section of the City
between US-1 to the west and SE 5th Avenue to the east, Dania Beach Blvd. to the north
and Sheridan Street to the south. Federal Highway (US-1) lacks a storm drainage system,
subsequently; the runoff goes east into the SE Section.
This project will include storm water retention and treatment areas along SE 5th Avenue
in an effort to lessen the impacts of runoff from the neighborhoods west of SE 5th
Avenue. Retention/treatment areas will be constructed in conjunction with upstream
storm water projects. The existing pump station at Meadowbrook Condominium Lake
will be upgraded. The two pump stations along SE 5"'Avenue will be removed and 3 new
pump stations will be constructed along 3`d Avenue. The pumps will discharge to the east
of SE 5d'Avenue. The discharge to the east will require treatment/detention. This work
has been coordinated with the new linear park along SE 5th Avenue. The estimated
construction cost is $3,000,000. Funding for engineering will be from City storm water
fund, $250,000 will be provided by FDOT for construction and City will investigate SRF
for remaining construction cost.
The West Griffin Neighborhoods are bound by Griffin Road to the south and the Dania
Cut-off Canal to the north. This area was unincorporated county land and lacked an
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integrated drainage and waste water system. The Broward County has started sanitary
sewer projects in these neighborhoods and it was the City's intention to design and
construct the sanitary sewer improvements with storm water improvement. The financial
situation of the city has not allowed for the go forward with storm water improvements.
The estimated cost of installing a storm water system throughout the West Griffin
Neighborhoods is $15 million. The City will be using Community Development Grant
Funds, at an estimated yearly allotment of$225,000,which means addressing the project
street by street rather than comprehensively.
Both storm water projects are important to maintain a clean environment. Dania Beach's
storm water, if not adequately treated endangers environmental valuable wetlands and
coral reef system off the coast.
3.) Dania Beach Sanitary Sewer Lift Station Improvement Project
The City of Dania Beach is the first city of Broward County, as such, its infrastructure is
requires replacing. The waste water system as it was originally designed flowed north
under gravity to the City's treatment plant. As that plant became obsolete, the City
entered into an inter-local agreement for waste water processing with the City of
Hollywood, it adjacent neighbor to the south. Lift station became necessary, now those
stations are in need of replacement.
There are 16 lift stations in the city. Six are older stations in need of major
refurbishment. Several should have back-up power, which none had. Design services
and construction was completed for Phase 1(L.S. 1, 2, 3, 6, & 7) FY2009. Design
services for Phase two is complete. Construction for Phase 2 will start FY 2010. These
lift stations also need better means to operate, control and monitor operations. Therefore,
telemetry will be installed after all lift stations have been rehabilitated. Phase 2 involves
refurbishment of Lift Stations 4, 5, 8, 9, 10 and a separate contract for L.S. 15.
Construction cost is estimated at $1,300,000. The remaining stations are smaller and will
follow as Phase 3. Construction cost is estimated at$700,000. The new equipment should
have better efficiency. With growth,no significant change in operations should be noted.
Funding for this project is expected to home by the rate payers of Dania Beach, many of
which overburdened with an ever increasing property taxes and water charges.
This project is important for the health of the residents of Dania Beach and Broward
County. If sanitary system fails, it then spills into environmentally sensitive wetland
areas. The new equipment is more efficient,thereby decreasing county's dependence on
foreign fuel prices.
3 of 4
4.) Dania Beach Renewable Energy/Conversion Project
After several hurricanes in 2006, Florida Power and Electric told the City of Dania Beach
that it would take between 3-5 years before new street lights could be added or removed
from municipal streets due to backlog of work. The City looked for alternative methods
of supplying much need street lights to newly annex neighborhoods.
The City of Dania Beach started the first Solar-Powered Street Lighting project in April
2007 and 121 units were installed by the June 2007. To date, the City has installed over
335 Solar-Powered Street Lights. Future plans include installing supplemental solar-
powered lighting at intersections.
The solar array on each light contains three 85 Watt modules. Each array has the
capability of generating 255 Watts. The average annual daily solar insulation recorded in
South Florida is 4.92 kWh per day. To date, The City has installed 254 lights in Dania
Beach this is 318.7 kWh per day or an average yearly generation of 116.3 million Watts.
This would be sufficient to power an average City block or an average sized hospital.
Current plan will install an additional 131 Solar-Powered Street Lights. That is an
additional 60.0 million Watts per year in Renewable Energy Production.
Since the lights can be placed in any area without a concern for electric service, they are
perfect for infill in areas where the lighting is inadequate, like alleyways were crime
persists. Light fixtures are planned for the parks to provide safe areas during periods of
electrical failure. After all infill lighting is completed,the City's plan is to install solar
power lights at road intersections to provide light during periods of power failure. The
pole and fixture are rated for 150 mile per hour winds.
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