04-10-12 Workshop MeetingCITY COMMISSION CITY OF DELRAY BEACH, FLORIDA WORKSHOP MEETING -TUESDAY, APRIL 10, 2012 6:00 P.M. DELRAY BEACH CITY HALL The City will furnish appropriate auxiliary aids and services
where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact
Doug Smith at 243-7010, 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings
in the Commission Chambers. WORKSHOP AGENDA 1. Discussion of proposed agreement with the Palm Beach County Property Appraiser related to a Fire Assessment Fee. 2. Discussion on the Possible
Privatization of Code Enforcement Officer Position 3. Presentation on Proposed Changes to the 4thof July/On the Avenue Special Events 4. Commission Comments Please be advised that if
a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record.
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: April 5, 2012 SUBJECT: AGENDA ITEM WS.1 -WORKSHOP MEETING OF APRIL 10, 2012 DISCUSSION OF PROPOSED
AGREEMENT WITH PALM BEACH COUNTY PROPERTY APPRAISER RELATED TO A FIRE ASSESSMENT FEE ITEM BEFORE COMMISSION Staff is seeking direction from the Commission regarding a proposed agreement
with the Palm Beach County Property Appraiser’s Office as it relates to the placement of a non-ad valorem fire assessment fee on the tax roll. BACKGROUND At the January 17, 2012 Commission
meeting the Commission voted down Resolution 2-12, which would have provided for a fire assessment fee for fiscal 2012 to be billed by the City and the placement of a fire assessment
fee on the non-ad valorem tax roll for the next fiscal year beginning October 1, 2012. The Palm Beach County Property Appraiser forwarded the attached agreement to the City regarding
the placement of a non-ad valorem fire assessment on the tax roll for fiscal 2013. The agreement requires that City must provide the Property Appraiser with certain assessment information
by July 28, 2012. Although the Commission voted to not go forward with a fire assessment fee for fiscal 2012, the option of a fire assessment fee for fiscal 2013, which would be included
on the property tax bill, is still available to the City. If the Commission did want to take another look at the potential of a fire assessment fee, that process would need to be started
in the very near future due to the public notice and public hearing requirements set forth in state statute. The fire service fee assessment roll would have to be provided to the Property
Appraiser’s office by July 28, just as we already provide the stormwater assessment roll. RECOMMENDATION I strongly recommend that the Commission keep open the option of having a fire
assessment fee, which would be set prior to July 28 and would be billed on the property tax bill, by allowing these agreements to be placed on the next regular meeting agenda for your
approval.
MEMORANDUM TO: Mayor and City Commissioners FROM: Bruce Koeser, Director, Human Resources THROUGH: David Harden, City Manager DATE: April 4, 2012 SUBJECT: AGENDA ITEM WS.2 -WORKSHOP
MEETING OF APRIL 10, 2012 PRIVATIZATION OF CODE ENFORCEMENT OFFICER POSITION ITEM BEFORE COMMISSION Commission discussion on the possible privatization of Code Enforcement Officer position.
BACKGROUND This Memo is in reference to the City Commission’s direction to review the option of privatizing/outsourcing segments of the Code Enforcement Division, particularly with regard
to a Code Officer position(s). Lula Butler and I reviewed preliminary options in this area, and considered several key critical factors, such as service level improvement, communication/consistency
of application of Code Enforcement Rules/Regulations, costs, impact on residents, etc. Lula and I met with one organization who currently works with our CRA in providing Engineering
services – Calvin, Giordano & Associates, Inc (CGA). This organization is based in Broward County and provides various services to municipalities throughout Florida and the Southeast
United States. Specifically, this company has a contract to provide Code Enforcement services to Pompano Beach on a full-service basis; they replaced the Broward Sheriff’s Office in
providing this service for Pompano, saving manpower costs for them. This company also provides other Broward County cities with Code Enforcement services; all this was an outgrowth of
a business slowdown in the need for Engineering work that prompted CGA to diversify and look for other niche markets. The factors that need to be considered and researched in considering
privatizing/outsourcing options are as follows: Service Level Improvement – is the proposed privatized service going to be improved as a result of moving away from City staffing? Because
the consideration in this case is given to segmentation – that is, outsourcing a small piece of an entire City-wide service currently provided by City employees, there is no evidence
to support an improvement in service level; in fact, most signs would point to a degradation of service, based on the insertion of an outside Agency currently unfamiliar with City residents’
needs and wants and City practices and Rules/Regulations in the Code Enforcement area.
Cost – will the City save money by virtue of moving to a privatized model for a segment of Code Enforcement? There is a good chance that the City would save on straight cost for staffing
in this privatized model, primarily due to Benefit costs; I would estimate that the straight wage rate paid to the privatized employee might be comparable to a City employee, but the
City Benefits load (particularly taking into account the costs of Pension and Medical Plan Benefits) would be higher than that found in an outside organization. However, when taking
into account the outside organization’s profit markup on the privatized employee’s salary and fringe benefits, alongside the potential reduction in service level performance, the cost
benefit would appear to be small. Access to outside knowledge and more state of the art performance methods, including improved economies of scale – In meeting with CGA, it was acknowledged
that the City’s staffing levels were as good or better than the staffing levels that this outside organization would provide the City on a per 1,000 population ratio basis, as well as
a per square mile ratio basis. Therefore, it would seem that savings would be minimal, if they exist at all, when taking into account the increased level of management work to monitor
and train this new outside staff. Ability to provide specific performance measurements for the service(s) being provided – Generally, services that are difficult to quantify in terms
of specific, measurable results are more difficult to outsource than those that are not. The privatizing/outsourcing of a small segment of a larger Division may not produce improved
results from a performance perspective. Is this the appropriate type of work to privatize/outsource? Consideration has to be given to the public facing nature of the services being considered
for privatizing/outsourcing; in this case, due to the type of work the City is involved with, Code Enforcement work can have a great deal of exposure in the community at large. This
type of work, especially when segmented, may not lend itself readily to privatization. What types of services can best be privatized/outsourced? Services that can be more readily quantified
for performance factors are those that ought to be given primary consideration in this concept. In addition, those services which entail high capital expense (which the outside organization
can spread out through several customers/clients) are more likely targets for this type of action. Reduction of Liability – If there can be a significant reduction in liability for the
City in privatizing/outsourcing, this could be a key consideration. However, this does not appear to be the case here, due to the segmentation of the work and the fact that the City’s
Rules/Regulations would still govern. Summary – The concept of the privatizing/outsourcing of certain services is a good one to consider, especially in lean financial times. This idea,
if implemented for large blocks of general services (if collective bargaining agreements allowed) or for those services requiring a large capital outlay, could be of benefit to the City
of Delray Beach. We are not convinced that this concept would fit for taking over this high-exposure, segmented piece of critical work from the City at this point.
Memo To: David Harden – City Manger From: Lula Butler -Director, Community Improvement Thru: Bruce Koeser – Director, Human Resources Subject: Privatization of One Code Officer Position
Date: April 5, 2012 This is in reference to the direction by the Commission to consider privatizing the Code Officer position approved for hire under the mid-year budget. The position
will be used to address code issues during weekend and evening hours. Bruce Koeser, H.R. Director, took the lead in identifying for-profit agencies and/or companies that offer municipalities
the option of taking over services normally provided by the City. Staff was directed to review the options available, consider the costs, process and impact of privatizing this position.
Bruce and I met with Calvin, Giordano & Associates, Inc. of Ft. Lauderdale, one of the local companies that provide local government agencies with an ala carte selection of outsourcing
options inclusive of Code Enforcement, Building, Administration and Engineering services. The company currently has contracts with the cities of Weston, Pompano Beach and Pembroke Pines,
providing a range of services from total privatization to specific functions. This company has diversified itself responding to levels of government seeking to reduce costs, grounded
in the belief that market competition in the private sector is a more efficient way to provide some services traditionally performed by government. While understanding that the option
to outsource some of the staff may be considered, I would not recommend splitting out components of the Code Enforcement functions, especially since all code activities are established
under an inter-department coordination and on-going consultations with the City Attorney’s office, given the fact that property owners are often represented by legal counsel. A controlled
and accountable process is critical. Privatizing one code officer position will impact staff’s ability to provide a seamless code enforcement process to residents as we work to help
property owners achieve compliance utilizing an effective “community-oriented” process. Any new company must educate themselves on ordinance requirements and get to know this community.
In addition, if the decision is to move forward, we would have to prepare the required RFP (not a sole source item) setting forth the scope of service and level of accountability required.
Consideration should be given to the fact that the Community Improvement Department works as a team, providing the necessary support and resources to the code enforcement process from
all divisions of the department, which enables us to be proficient and meet performance standards. Also, my Code Enforcement Division’s budget for FY 2011/2012 is $975,140. The Landlord
permit
2 | P a g e revenues average $380,000 per year, in addition to the $870,000 (Alarm Registration/Renewal, Business Tax Receipts and Code Enforcement fines), as a contribution to the general
revenue fund. Finally, staff believes the City Commission should carefully explore the subject of privatization, conducting cost-benefit analysis to determine if the private company
can deliver the service better and more cheaply than City staff. The desired level of service is a key component. The City must also factor in the equation the fact that we must also
be prepared to properly manage the privatization process and carefully monitor the implemented privatization. I can refer to our oversight of the Waste Management contract as the example.
Waste Management is an excellent company that provides good service; however, staff has developed appropriate and effective oversight of their performance, meeting with the designated
supervisor daily to address complaints and/or service deficiencies, monitoring the quality of services in the field and meeting regularly with the Community Liaison to further communicate
and address issues that require adjustments in service levels. We employ three (3) Sanitation Officers to supplement these services based on desired service levels necessary to achieve
the goals established by the elected officials to achieve quality neighborhoods. While Waste Management handles the garbage service, Code Enforcement vets all litter abatement issues
and takes care of the initial contact with citizens regarding any complaints. I will be glad to meet with you to discuss this matter further. Staff will present a cost analysis comparing
the City’s Code Enforcement Division’s budget to the contracted services provided by Calvin, Giordano & Associates, Inc. for the City of Pompano Beach as a part of our presentation at
the workshop meeting. LB:DQ
REQUEST FOR PROPOSALS H-53-10 TURNKEY CODE COMPLIANCE SERVICE PROGRAM RFP OPENING: AUGUST 30, 2010, 2:00 P.M. PURCHASING OFFICE 1190 N.E. 3RD AVENUE, BUILDING C (Front) POMPANO BEACH,
FLORIDA 33060
RFP H-53-10 1 Initial ______ August 5, 2010 CITY OF POMPANO BEACH, FLORIDA REQUEST FOR PROPOSALS H-53-10 TURNKEY CODE COMPLIANCE SERVICE PROGRAM A. OBJECTIVE The City is seeking proposals
from qualified firms to provide a comprehensive turnkey Code Compliance service program with a strong emphasis on customer service and professional development. B. CITY ABSTRACT The
City of Pompano Beach is a full service community that covers 25.8 square miles and has a permanent population of almost 100,000 year round residents. The City has been in existence
for over 100 years. Once a thriving agricultural community, the city has evolved into a warehouse/distribution hub for a wide range of companies that service the 5+ million residents
of the south Florida market. In addition to the industrial and warehouse space, the City has 3 miles of beautiful shoreline that draws an additional 20,000 annual visitors, within and
out of State. The City is also home to the Isle of Capri Casino and the Good Year Blimp. 68% of the population is Caucasian while 25% is African American. The remaining percentage is
mostly of Hispanic or Latino origin. About a quarter of the population has obtained a Bachelor’s degree or higher. The number of housing units is estimated to be over 50,000 with a median
income of around $40,000. C. BACKGROUND The City, like the rest of the nation, is grappling with the severe downturn in economic activity. Currently the South Florida region (Metropolitan
Statistical Area) is experiencing an unemployment rate of around 12%. Moreover, the City has seen a significant increase in foreclosures due to recent run up in unemployment, and due
to the speculative purchases that took place between 2002 and 2007. These factors have caused the City’s property values to decrease by over 37% over the past three years. As a result,
the City has had to reduce certain services and actively search for ways to carry out other services more efficiently and effectively, such as outsourcing.
For the past 10 years the City has been outsourcing Code Compliance with the Broward Sheriff’s Office, who over the same period has and continues to provide the City’s police services.
However, the Sheriff’s Office is a governmental entity similar to the City and as such faces some of the same financial and operational constraints the City would if it carried out the
service itself. Therefore, the City is issuing a Request for Proposal to interested firms for Code Compliance to provide a comprehensive turnkey service to the City. This not only involves
traditional Code Compliance services but also is to include handling the administrative and clerical duties associated with the Special Magistrate. D. SCOPE OF SERVICES Currently, Code
Compliance is carried out by thirteen Code Inspectors and two Administrative Assistants. The Special Magistrate’s legal and clerical duties are carried out by the City. The City has
one Assistant City Attorney who handles the legal functions and one and a half assistants that handle the clerical duties. The City Attorney’s Office will continue to handle any legal
issues associated with the Special Magistrate; all other duties will be handled by the contractor. 1. Code Compliance a) The contractor will be expected to provide a full time turnkey
comprehensive Code Compliance service program. The contractor will be responsible for all aspects of the operation. All transition, planning, organizing, communications, administration,
staffing, field enforcement, customer service, public education, information technology, will be wholly included and provided by the contractor. For purposes of this proposal, transition
will also include the continued prosecution by the contractor of all existing Code Compliance Cases. b) The Contractor will be responsible for providing all necessary personnel, Office
space, office supplies, equipment and vehicles to successfully carry out the operation. c) Public meetings or presentations with the City Commission, neighborhood organizations, community
businesses, etc. will be staffed and provided on an ongoing basis by the Contractor. d) The contractor will be responsible for writing revisions to existing Ordinances and creating new
Ordinances to improve the overall appearance of the City, to address concerns raised by the public, to aide in the operation of the services, or to provide new guidelines. Additionally,
the Mayor and City Commission will amend its Code of Ordinances to modify or enact additional regulations and the contractor will be responsible to enforce such regulations when applicable.
RFP H-53-10 2 Initial ______
e) The contractor will be responsible for developing special projects or programs to aide in improving public awareness and cooperation regarding Code Compliance, to handle specific
and unusual problems or to aide in accomplishing specific goals or objectives. 2. Clerical and Administrative Functions a) The contractor will be expected to provide clerical and administrative
support for Code Compliance and Special Magistrate, which includes but is not limited to the following tasks: (1) Coordinate and handle cases/files for violations covering: (a) Code
Compliance (b) Building (Structural, Plumbing, and unpaid Alarm) (c) Engineering (d) Fire (e) Animal Control (f) Overweight Commercial Vehicles (g) Business Tax Receipts (h) Water Restrictions
(i) Telecommunication Fees (2) Attend, set and coordinate Special Magistrate Hearing and Compliance Dates (3) Develop all Special Magistrate agendas (4) Post all notices of hearings
(5) Keep and maintain record of all oral orders (6) Prepare, execute and attest to all necessary orders (7) Send all hearing notices, including recurring/repeating cases. (8) Assist
City Attorney’s Office with all foreclosure related inquires (9) Assist City Attorney’s Office with requested preparation for trial (10) Respond to all requested depositions as ordered
(11) Process lien payments (12) Handle all file retention, archiving, and purging matters (13) Recording and removing liens 3. Personnel a) All Code Compliance Inspectors will be required
to have obtained at a minimum Level-I Certification from the Florida Association of Code Enforcement prior to commencing Code Compliance Services. Additionally all Code Compliance Inspectors
will be required to additionally obtain Level II Certification within one year from commencement of duties in the City. RFP H-53-10 3 Initial ______
b) All Code Compliance Supervisors will be required to have obtained at a minimum a Level-II Certification from the Florida Association of Code Enforcement prior to commencing the Code
Compliance Services. Thereafter, all Code Compliance Supervisors will be required up to obtain a Level III Certification within one year from commencement of duties in the City. c) Customer
Service will be addressed, instilled and trained as an ongoing high priority to ensure that the public interest is served at a high level to gain compliance. 4. Hours of Operation The
contractor will be expected to provide Code Compliance during business hours (7:00 a.m. -6:00 p.m.) six days per week. 5. Reports a) The contractor will be required to provide monthly
performance reports to the City. The information will include but not be limited to: (1) Number of new Code Compliance cases opened. (2) Number of new Code Compliance cases opened as
a result of a complaint. (3) Number of prior Code Compliance cases still open from prior month. (4) Number of Inspections (5) Number of Re-inspections (6) Number of Code Compliances
cases closed (7) Number of Code Compliance cases resolved through the Special Magistrate (8) Revenue collected (9) Revenue outstanding (uncollected). (10) Staffing Roster – weekly hours
worked per full-time equivalent. b) The Contractor will be required to submit an annual report to the City each year. The report will cover the previous fiscal year and will summarize
productivity measures reported on a monthly basis. The report will also provide performance goals to be achieved for the following year, special projects to be implemented and any other
additional information requested. E. INSURANCE Consultant/Service Agent (C/SA) shall not commence the Work under this Contract until it has obtained all insurance required under this
Article and such insurance has been approved by the City of Pompano Beach’s Risk Manager, nor shall (C/SA) allow any Subcontractor to commence work on its sub-contract until the aforementioned
approval is obtained. RFP H-53-10 4 Initial ______
(C/SA) shall provide, pay for and maintain in force at all times during the services to be performed, such insurance, including Workers’ Compensation Insurance; Liability Insurance;
Real and Personal Property; Excess Liability and Professional Liability Insurance with minimum coverage amounts acceptable to the City as set forth below. Such policy or policies shall
be issued by United States Treasury approved companies authorized to do business in the State of Florida and have agents upon whom service of process may be made in the State of Florida.
The policies of insurance shall be primary and written on forms acceptable to the City’s Risk Manager, meet a minimum financial A.M. Best and Company rating of no less than Excellent,
and be part of the Florida Insurance Guarantee Association Act. No changes are to be made to these specifications without prior written approval of the City’s Risk Manager. Insurance
shall be in force until all Work required to be performed under the terms of the Contract is satisfactorily completed as evidenced by the formal acceptance by the City. A Certificate
of Insurance, reflecting evidence of the required insurance, shall be filed with the City of Pompano Beach’s Risk Manager prior to the commencement of the Work. The Certificate shall
contain a provision that coverage afforded under these policies will not be cancelled, will not expire and will not be materially modified until at least thirty (30) days prior written
notice has been given to the City. In the event the Insurance Certificate provided indicates that the insurance shall terminate and lapse during the period of this Contract, (C/SA) shall
furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of
the period of the Contract and extension thereunder is in effect. (C/SA) shall not continue to perform the Work pursuant to this Contract unless all required insurance remains in full
force and effect. (C/SA) shall specifically protect the City by naming the City as an additional insured on the Comprehensive General Liability Insurance policies hereinafter described.
1. Worker’s Compensation Insurance covering all employees and providing benefits as required by Florida Statute, Chapter 440, regardless of the size of the company (number of employees).
(C/SA) further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course of their employment and for
any and all volunteers involved in the program. 2. Liability Insurance shall include the following checked types of insurance and indicated minimum policy limits. RFP H-53-10 5 Initial
______
RFP H-53-10 6 Initial ______ LIMITS OF LIABILITY Type of Insurance Each Occurrence/Aggregate GENERAL LIABILITY MINIMUM $1,000,000 OCCURRENCE/AGGREGATE * Policy to be written on a claims
incurred basis XX comprehensive form XX premises -operations bodily injury XX explosion & collapse hazard property damage XX underground hazard _______________________________________________
XX products/completed operations hazard bodily injury and XX contractual insurance property damage XX broad form property combined damage ______________________________________________
XX independent contractors XX personal injury personal injury --------------------------------------------------------------------------------------------------------------------AUTOMOBILE
LIABILITY MINIMUM $1,000,000 OCCURRENCE/AGGREGATE bodily injury (each person) bodily injury XX comprehensive form (each accident) XX owned property damage XX hired bodily injury and
XX non-owned property damage combined --------------------------------------------------------------------------------------------------------------------REAL & PERSONAL PROPERTY __
comprehensive form (C/SA) must show proof that it has this coverage --------------------------------------------------------------------------------------------------------------------EXCESS
LIABILITY bodily injury and __ umbrella form property damage __ other than umbrella combined $2,000,000 $2,000,000 ------------------------------------------------------------------------------------
--------------------------------__ PROFESSIONAL LIABILITY $5,000,000 $5,000,000 * Policy to be written on a claims made basis -------------------------------------------------------------------------
-------------------------------------------
(C/SA) shall be solely responsible for payment of all premiums for insurance contributing to the satisfaction of this Agreement and shall be solely responsible for payment of all deductibles
to which such policies are subject, whether or not the City is an insured under the policy. (C/SA) shall provide the City’s Risk Manager the certification or proof of insurance of all
insurance policies required under this Agreement within thirty (30) days after execution of this Agreement. The City’s Risk Manager reserves the right at any time to review coverage,
form and amount of insurance and also require a certified copy of such policies upon request. No change(s) to the coverage required under this Agreement shall be made without prior written
approval of the City’s Risk Manager. All endorsements and certificates shall state that prior to expiration or cancellation of any and all policies required under this Agreement, the
City’s Risk Manager shall be given thirty (30) days notice by certified mail, return receipt requested to 100 West Atlantic Boulevard, Pompano Beach, Florida 33060. Notice of Accident
(occurrence) and Notice of Claims associated with the work being performed under this Agreement, shall be provided to the (C/SA) insurance company and the City’s Risk Manager as soon
as practical after notice to the insured. F. SMALL BUSINESS ENTERPRISE PROGRAM The Pompano Beach City Commission has established a voluntary Small Business Enterprise (SBE) Program to
encourage and foster the participation of Small Business Enterprises in the central procurement activities of the City. The City of Pompano Beach is strongly committed to ensuring the
participation of Small Business Enterprises (SBE’s) as contractors and subcontractors for the procurement of goods and services. The definition of a SBE, for the purpose of the City's
voluntary program, is taken from the State of Florida Statute 288.703(1). As of the date of publication of this solicitation, a small business means an independently owned and operated
business concern that employs 200 or fewer permanent full-time employees and that, together with its affiliates, has a net worth of not more than $5 million or any firm based in Florida
that has a Small Business Administration 8(a) certification. As applicable to sole proprietorships, the $5 million net worth requirement shall include both personal and business investments.
The City encourages all firms to undertake good faith efforts to identify appropriate Small Business Enterprise partners. Sources of information on certified Small Business Enterprises
include the Broward County Small Business Development Division, the State of Florida Office of Supplier Diversity, South Florida Water Management District, and other agencies throughout
the State. The City includes links to these organizations from RFP H-53-10 7 Initial ______
the City’s website www.mypompanobeach.org. Please indicate in your response if your firm is a certified Small Business Enterprise. Please note that, while no voluntary goals have been
established for this solicitation, the City encourages small business participation in all of its procurements. Please indicate in your response if your firm, or a subconsultant, is
a certified Small Business Enterprise, and include the completed “Good Faith Effort Report” form with your proposal. SBE forms are included at the end of this solicitation. Firms should
submit Exhibit A, detailing the list of SBE firms to be used on the proposed contract, and a completed Letter of Intent, Exhibit B, for all participating SBE firms. Submit Exhibit C
listing SBE firms that were solicited but not selected. Submit Exhibit D explaining your firm’s good faith efforts to include SBE firms on this contract. G. LOCAL BUSINESS PROGRAM On
March 23, 2010, the City Commission approved a Resolution establishing a Local Business Program, a policy to increase the participation of City of Pompano Beach businesses in the City's
procurement process. You can view the list of City businesses that have a current Business Tax Receipt on the City’s website, and locate local firms that are available to perform the
work required by the RLI. The business information, sorted by business use classification, is posted on the webpage for the Business Tax Receipt Division: http://mypompanobeach.org/directory/btr/inde
x.html Please note that, while no voluntary goals have been established for this solicitation, the City encourages Local Business participation in all of its procurements. The City of
Pompano Beach is strongly committed to insuring the participation of City of Pompano Beach Businesses as contractors and subcontractors for the procurement of goods and services. Proposers
are encouraged to participate in the City of Pompano Beach's voluntary Local Business Program by including, as part of their submittal package, the Local Business Participation Form,
listing the local businesses that will be used on the contract, and the Letter of Intent Form from each local business that will participate in the contract. Proposers should utilize
businesses that are physically located in the City of Pompano Beach with a current Business Tax Receipt. Proposers who are unable to meet the recommended voluntary goals should also
provide the Local Business Unavailability Form, listing firms that were contacted but not available, and the Good Faith Effort Report describing the efforts made to include local business
participation in the contract. RFP H-53-10 8 Initial ______
H. CONTRACT TERM The initial contract period shall be three years, with the option of two additional one-year renewal terms. I. SUBMISSION/FORMAT REQUIREMENTS Eligibility: To be eligible
to qualify as a participant in this project, the following minimum requirements must be met: The firm must be established as a legal entity in the State of Florida. The firm must clearly
indicate the expertise and facilities to serve the City of Pompano Beach as outlined in this request for proposal. Format: Submit one (1) original unbound and five (5) bound copies of
the proposal. All copies will be on 8 ½” x 11” plain white paper, typed, and signed by an authorized representative who is able to contract for the Proposer. The text size used in the
response shall be 11 point or larger. Information to be included in the proposal: In order to maintain comparability and enhance the review process, it is required that proposals be
organized in the manner specified below, separated by tabs: 1. Title page: Show the project name and number, the name of the proposer's firm, address, telephone number, name of contact
person, and the date. 2. Table of Contents: Include a clear identification of the material by section and by page. 3. Letter of Transmittal: Briefly state the proposer’s understanding
of the project and express a positive commitment to provide the services within. State the name(s) of the person(s) who will be authorized to make representations for the proposer, their
title(s), addresses, and telephone numbers. Please limit this section to two pages. 4. Signature Page: The Proposal Signature Page must be completed, signed, and returned. 5. Budget/Pricing
Proposal Submit the annual proposed budget/cost to the City in the format illustrated below, and contained on the "Proposal Pricing Page". RFP H-53-10 9 Initial ______
Firm's Name: ________________________________ Proposed Budget Personal Services Salaries Overtime Temporary & Part Time FICA Taxes Retirement Health Insurance Other Total Personal Services
= Operating Expenses Sub-Contractors/Other Professional Services. Insurance (other than health) Fuel Vehicle (repair and maintenance) Travel Postage Office supplies Legal Advertising
Software purchases Uniforms Special Supplies Special Services Rentals & leases (buildings) Rentals & leases (equipment) Rentals & leases (vehicles) Dues & Memberships Electric Water
& Sewer Communications Other Total Operating Expenses = Capital Expenses Motor Vehicles Computer Equipment Furniture & Fixtures Other Total Capital Expense = ======= TOTAL PROPOSED BUDGET
= RFP H-53-10 10 Initial ______
Please note the following: Each line item will need to be completed. If no expense is anticipated or proposed for a particular line item fill in a zero. If any of the line items labeled
“Other” are over $10,000 describe what the proposed cost consists of in an attachment to the pricing form. Personnel – List all positions proposed for the contract by title and quantity
(number of each position) in an attachment to the pricing form. 6. Experience Describe the background and experience of the firm and staff and any sub-contractors to be used. The firm
should have a minimum of five (5) years experience providing Code Compliance services. This section should be a concise document, which shall also include the following information:
A) A brief summary of the work accomplished by the firm and its present personnel in similar engagements, in particular to cities and counties in the State of Florida , such as: 1. History
of the firm outlining municipal code compliance services experience, to include Special Magistrate services. 2. Experience of senior management and field office personnel managing third-party
inspection services. 3. Number of code officials available 4. Level of experience of each code official within his or her respective category that will be assigned to work in the City
of Pompano Beach. 5. Level of F.A.C.E. Certification held by each code official who will be working in Pompano Beach B) For each entity your firm currently provides Code Compliance for,
please provide the following: 1. The size (population & square miles), the number of years Code Compliance services has been provided, the number of full-time Code Compliance administrative
positions and Inspectors your organization provides. 2. The number of new cases opened for 2009, the number of existing cases carried over in to 2009, the number of cases closed in 2009,
and the total number of cases that went to the Special Magistrate for 2009. 3. A copy of either a monthly or annual report that your firm provides. 4. A contact (name, employer, position,
phone number and email) for a reference check. RFP H-53-10 11 Initial ______
7. Management & Operations A) Describe the management plan to be used, staffing configurations and related information to ensure customer-centered service is provided to the City, residents
and property owners. Describe any sub-contracting relationships that are proposed for the inspection services to be provided. Describe the principal point of contact for the firm, how
assignments will be made, and how the firm will carry out the operation. B) Describe how the firm will improve the level of service provided to the community; this should also include
how the firm will operate the service more efficiently and effectively. C) State the location of the office that will administer this contract. It is preferred that the office be located
in or near Pompano Beach. 8. Anticipated Start Date Indicate the earliest possible date your firm can begin providing Code Compliance Services. The City expects service to begin service
within 90 days or less from the date of City Commission approval. 9. All Other Information Requested Herein Each item in the evaluation criteria must be addressed in your response. 10.
Return all RFP pages, initialed where indicated. J. QUESTIONS AND COMMUNICATION All questions must be submitted in writing to the Purchasing Office, 1190 N.E. 3rd Avenue, Building C
(Front), Pompano Beach, Florida 33060, fax (954) 786-4168. All questions must include the inquiring firm’s name, address, telephone number and RFP name and number. Questions must be
received by 2:00 p.m. on August 23, 2010, at the above location. No further questions will be accepted after this date. Oral and other interpretations or clarifications will be without
legal effect. Questions and answers will be distributed to all firms known to have obtained the RFP document from the City. K. ADDENDA In the event it becomes necessary to revise, change,
modify, or cancel this RFP, addenda will be issued to all known recipients of this solicitation. L. ACCEPTANCE PERIOD Proposals submitted in response to this RFP must be valid for a
period no less than ninety (90) days from the closing date of this solicitation. RFP H-53-10 12 Initial ______
M. RFP CONDITIONS AND PROVISIONS The completed and signed proposal (together with all required attachments) must be returned to City on or before the time and date stated herein. All
proposers, by submission of a proposal, shall agree to comply with all of the conditions, requirements and instructions of this RFP as stated or implied herein. All proposals and supporting
materials submitted will become the property of the City. Any alteration, erasure, or interlineations by the proposer in this RFP shall constitute cause for rejection. Exceptions or
deviations to this proposal may not be added after the submittal date. All proposers are required to provide all information requested in this RFP. Failure to do so may result in disqualification
of the proposal. The City reserves the right to postpone or cancel this RFP, or reject all proposals, if in its sole discretion it deems it to be in the best interest of the City to
do so. The City reserves the right to waive any technical or formal errors or omissions and to reject all proposals, or to award contract for the items herein, in part or whole, if it
is determined to be in the best interests of the City to do so. The City shall not be liable for any costs incurred by the proposer in the preparation of proposals or for any work performed
in connection therein. N. SELECTION/EVALUATION PROCESS A Selection/Evaluation Committee will be appointed to select the most qualified firm. The Selection/Evaluation Committee will present
their findings to the City Commission and, upon Commission approval, will negotiate a contract with the most qualified firm. Proposals will be evaluated using the following criteria.
Criteria Point Range 1. Cost 0-25 2. The Firm’s Code Compliance Experience 0-25 3. The Firm’s Special Magistrate Experience 0-15 4. Staff Experience 0-20 5. References 0-5 6. Location
0-5 7. Current Code Certifications 0-5 The Committee has the option to use the above criteria for the initial ranking to short-list proposers and to use an ordinal ranking system to
score short-listed proposers following RFP H-53-10 13 Initial ______
presentations (if deemed necessary) with a score of “1” assigned to the short-listed proposer deemed most qualified by the Committee. Each firm should submit documentation that evidences
the firm’s capability to provide the services required for the Committee’s review for short listing purposes. After an initial review of the Proposals, the City may invite proposers
for an interview to discuss the proposal and meet firm representatives, particularly key personnel who would be assigned to the project. Should interviews be deemed necessary, it is
understood that the City shall incur no costs because of this interview, nor bear any obligation in further consideration of the submittal. When more than three responses are received,
the committee shall furnish the City Commission (for their approval) a listing, in ranked order, of no fewer than three firms deemed to be the most highly qualified to perform the service.
If three or less firms respond to the RFP, the list will contain the ranking of all responses. The City Commission has the authority to (including, but not limited to); approve the recommendation;
reject the recommendation and direct staff to re-advertise the solicitation; or, review the responses themselves and/or request oral presentations and determine a ranking order that
may be the same or different from what was originally presented to the City Commission. O. HOLD HARMLESS AND INDEMNIFICATION Proposer covenants and agrees that it will indemnify and
hold harmless the City and all of its officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the
Proposer, whether direct or indirect, or whether to any person or property to which the City or said parties may be subject, except that neither the Proposer nor any of its subcontractors
will be liable under this section for damages arising out of injury or damage to persons or property directly caused by or resulting from the sole negligence of the City or any of its
officers, agents or employees P. RETENTION OF RECORDS AND RIGHT TO ACCESS The Contractor shall permit the authorized representatives of the City to inspect and audit all data and records
of the Contractor, if any, relating to performance under the contract until the expiration of three years after final payment under this contract. The Contractor further agrees to include
in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that City or any of their duly authorized representatives shall, until the expiration of three
years after final payment under the subcontractor, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving
transactions related to the subcontractor. RFP H-53-10 14 Initial ______
Q. COMMUNICATIONS No negotiations, decisions, or actions shall be initiated or executed by the firm because of any discussions with any City employee. Only those communications, which
are in writing from the City, may be considered as a duly authorized expression on behalf of the City. In addition, only communications from firms that are signed and in writing will
be recognized by the City as duly authorized expressions on behalf of firms. R. NO DISCRIMINATION There shall be no discrimination as to race, color, age, sex, religion, national origin
or disability in the operations conducted under this contract. S. INDEPENDENT CONTRACTOR The selected firm shall be deemed an independent Contractor for all purposes, and the employees
of the Contractor or any of its contractors, subcontractors and the employees thereof, shall not in any manner be deemed to be employees of City. As such, the employees of the Contractor,
its Contractors or subcontractors, shall not be subject to any withholding for tax, social security or other purposes by City, nor shall such Contractor, subcontractor, or employee be
entitled to sick leave, pension benefits, vacation, medical benefits, life insurance, workers, unemployment compensation, or the like from City. T. STAFF ASSIGNMENT The City of Pompano
Beach reserves the right to approve or reject, for any reasons, Proposer’s staff assigned to this project at any time. Background checks may be required. U. CONTRACT TERMS The contract
shall include, but not be limited to the following terms: The contract shall include as a minimum, the entirety of this RFP document, together with the successful Proposer’s proposal.
Contract shall be prepared by the City of Pompano Beach City Attorney. If the City of Pompano Beach defends any claim, demand, cause of action, or lawsuit arising out of any act, action,
negligent acts or negligent omissions, or willful misconduct of the contractor, its employees, agents or servants during the performance of the contract, whether directly or indirectly,
contractor agrees to reimburse the City of Pompano Beach, and the City’s contracted law enforcement provider if applicable, for all expenses, attorney’s fees, and court costs incurred
in defending such claim, cause of action or lawsuit. RFP H-53-10 15 Initial ______
V. WAIVER It is agreed that no waiver or modification of this contract or of any covenant, condition or limitation contained in it shall be valid unless it is in writing and duly executed
by the party to be charged with it, and that no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between
the parties arising out of or affecting this contract, or the right or obligations of any party under it, unless such waiver or modification is in writing, duly executed as above. The
parties agree that the provisions of this paragraph may not be waived except by a duly executed writing. W. SURVIVORSHIP RIGHTS This contract shall be binding on and inure to the benefit
of the respective parties and their executors, administrators, heirs, personal representative, successors and assigns. X. TERMINATION The contract may be terminated by the City of Pompano
Beach without cause upon providing contractor with a least sixty (60) days prior written notice. Should either party fail to perform any of its obligations under this contract for a
period of thirty (30) days after receipt of written notice of such failure, the non-defaulting part will have the right to terminate the contract immediately upon delivery of written
notice to the defaulting part of its election to do so. The foregoing rights of termination are in addition to any other rights and remedies that such party may have. Y. MANNER OF PERFORMANCE
Proposer agrees to perform its duties and obligations under this contract in a professional manner and in accordance with all applicable local, federal, and state laws, rules, and regulations.
Proposer agrees that the services provided under this contract shall be provided by employees that are educated, trained and experienced, certified and licensed in all areas encompassed
within their designated duties. Proposer agrees to furnish the City of Pompano Beach with all documentation, certification, authorization, license, permit, or registration currently
required by applicable laws or rules and regulations. Proposer further certifies that it and its employees are now in and will maintain good standing with such governmental agencies
and that it and its employees will keep all license, permits, registration, authorization or certification required by applicable laws or regulations in full force and effect during
the term of this contract. Failure of proposer to comply with this paragraph shall constitute a material breach of contract. RFP H-53-10 16 Initial ______
Z. STANDARD PROVISIONS 1. Governing Law Interested vendors will agree that the laws of the State of Florida shall govern agreements, and the venue for any legal action will be in Broward
County, Florida. 2. Conflict Of Interest For purposes of determining any possible conflict of interest, each Proposer must disclose if any City employee is also an owner, corporate officer,
or an employee of the firm. If any City employee is an owner, corporate officer, or an employee, the Proposer must file a statement with the Broward County Supervisor of Elections pursuant
to § 112.313, Florida Statutes. 3. Drug Free Workplace The selected firm(s) will be required to verify they will operate a “Drug Free Workplace” as set forth in Florida Statute, 287.087.
4. Public Entity Crimes A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a proposal on a contract
to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work,
may not submit proposals on leases of real property to 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 Florida Statute, Section 287.017, for CATEGORY TWO for a period
of 36 months from the date of being placed on the convicted vendor list. 5. Patent Fees, Royalties, And Licenses If the selected Proposer requires or desires to use any design, trademark,
device, material or process covered by letters of patent or copyright, the selected Proposer and his surety shall indemnify and hold harmless the City from any and all claims for infringement
by reason of the use of any such patented design, device, trademark, copyright, material or process in connection with the work agreed to be performed and shall indemnify the City from
any cost, expense, royalty or damage which the City may be obligated to pay by reason of any infringement at any time during or after completion of the work. RFP H-53-10 17 Initial ______
6. Permits The selected Proposer shall be responsible for obtaining all permits, licenses, certifications, etc., required by federal, state, county, and municipal laws, regulations,
codes, and ordinances for the performance of the work required in these specifications and to conform to the requirements of said legislation. 7. Familiarity With Laws It is assumed
the selected firm(s) will be familiar with all federal, state and local laws, ordinances, rules and regulations that may affect its services pursuant to this RFP. Ignorance on the part
of the firm will in no way relieve the firm from responsibility. 8. Withdrawal Of Proposals A firm may withdraw its proposal without prejudice no later than the advertised deadline for
submission of proposals by written communication to the General Services Department, 1190 N.E. 3rd Avenue, Building C, Pompano Beach, Florida 33060. 9. Composition Of Project Team Firms
are required to commit that the principals and personnel named in the proposal will perform the services throughout the contractual term unless otherwise provided for by way of a negotiated
contract or written amendment to same executed by both parties. No diversion or substitution of principals or personnel will be allowed unless a written request that sets forth the qualifications
and experience of the proposed replacement(s) is submitted to and approved by the City in writing. 10. Variances While the City allows Contractors to take variances to the RFP terms,
conditions, and specifications, the material nature, number, and extent of variances taken will be considered in determining proposal responsiveness and in allocating proposal evaluation
points. 11. Contact Information For additional information regarding this solicitation, please contact Ms. Leeta Hardin, General Services Director, at (954) 786-4098. RFP H-53-10 18
Initial ______
REQUEST FOR PROPOSALS H-53-10 PROPOSAL SIGNATURE PAGE To: The City of Pompano Beach, Florida The below signed hereby agrees to furnish the proposed services under the terms stated subject
to all instructions, terms, conditions, specifications, addenda, legal advertisement, and conditions contained in the RFP. I have read the RFP and 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 proposal. Proposal submitted by: Name (printed) ____________________________ Title _______________________________ Company (Legal Registered) _________________________________________________
____ Federal Tax Identification Number ________________________________________________ Address ______________________________________________________________________ City/State/Zip
_________________________________________________________________ Telephone No. _____________________________ Fax No. ____________________________ Signature _______________________________________
Date _________________________ Addendum Acknowledgment -Proposer acknowledges that the following addenda have been received and are included in his/her 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 RFP, attachments, or proposal pages. No variations or exceptions by the Proposer will be deemed to be part of the proposal submitted unless such variation
or exception is listed and contained within the proposal documents and referenced in the space provided below. If no statement is contained in the below space, it is hereby implied that
your proposal complies with the full scope of this RFP. Variances: ___________________________________________________________________ RFP H-53-10 19 Initial ______
RFP H-53-10 20 Initial ______ REQUEST FOR PROPOSALS H-53-10 PROPOSAL PRICING PAGE Firm Name: ________________________________________________________ Proposed Budget Personal Services
Salaries Overtime Temporary & Part Time FICA Taxes Retirement Health Insurance Other Total Personal Services = Operating Expenses Sub-Contractors/Other Professional Services Insurance
(other than health) Fuel Vehicle (repair and maintenance) Travel Postage Office supplies Legal Advertising Software purchases Uniforms Special Supplies Special Services Rentals & leases
(buildings) Rentals & leases (equipment) Rentals & leases (vehicles) Dues & Memberships Electric Water & Sewer Communications Other Total Operating Expenses = Capital Expenses Motor
Vehicles Computer Equipment Furniture & Fixtures Other Total Capital Expense = TOTAL PROPOSED BUDGET =
RFP H-53-10 21 _____Initial EXHIBIT “A” CITY OF POMPANO BEACH, FLORIDA SMALL BUSINESS ENTERPRISE PARTICIPATION FORM RLI Number & Title: _______________________________ Contractor’s Name:
_______________________________ Name of Firm Contact Person, Telephone Number Type of Work to be Performed Contract Amount/Percentage _________________________________________________________________
________________________________ _________________________________________________________________________________________________ ____________________________________________________________________
_____________________________ (INCLUDE CERTIFICATES FOR ANY FIRMS LISTED ON THIS PAGE) FOR CITY USE ONLY Total SBE Contract Participation ____________________ Are documents requested
submitted accordingly ___ YES ___ NO
RFP H-53-10 22 _____Initial EXHIBIT “B” SMALL BUSINESS ENTERPRISE LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR TTc TC________________________________________________________________
________________________________________________________________ ________________________________________________________________ _ RLI Number _______________ O: _____________________________________
_ (Name of Prime or General Contractor) he undersigned intends to perform subcontracting work in connection with the above ontract as (check below) _____ an individual _____ a corporation
_____ a partnership _____ a joint venture he undersigned is prepared to perform the following work in connection with the above ontract, as hereafter described in detail: _______________
_____________________________________ (Date) (Name of SBE Contractor) BY: __________________________________
EXHIBIT “C” SMALL BUSINESS ENTERPRISE UNAVAILABILITY FORM RLI #______________ I, _______________________________________________________________ (Name and Title) of __________________________________
____, certify that on the _______day of __________________, _______, I invited the following SBE CONTRACTOR(s) to bid work items to be performed in the City of Pompano Beach: SBE Contractor
Address Work Items Sought Form of Bid Sought (i.e., Unit Price, Materials/Labor, Labor Only, etc.) ______________________________________________________________________ _____________________________
_________________________________________ ______________________________________________________________________ ______________________________________________________________________
______________________________________________________________________ Said SBE CONTRACTOR(s): ___ Did not bid in response to the invitation ___ Submitted a bid that was not the low
responsible bid ___ Other: ____________________________________________________ Signature: _____________________________________ Date: __________________ Note: Attach additional documents
as available. RFP H-53-10 23 _____Initial
EXHIBIT “D” SMALL BUSINESS ENTERPRISE GOOD FAITH EFFORT REPORT RLI #____________________ 1. What portions of the contract have you identified as SBE opportunities? ___________________________________
_____________________________ ________________________________________________________________ ________________________________________________________________ 2. Did you provide adequate
information to identified SBE? Please comment on how you provided this information. ________________________________________________________________ __________________________________________________
______________ ________________________________________________________________ 3. Did you send written notices to SBEs? ____ Yes ____ No If yes, please include copy of the notice and
the list of individuals who were forwarded copies of the notices. 4. Did you advertise in local publications? ____ Yes ____ No If yes, please attach copies of the ads, including name
and dates of publication. 5. Did you contact any organizations with large constituents of SBE members for possible sub-contractors? Please attach list of resource organizations used.
6. What type of efforts did you make to assist SBEs in contracting with you? ________________________________________________________________ _________________________________________________________
_______ 7. List the SBEs you will utilize and subcontract amount/percentage. ________________________________________________________________ RFP H-53-10 24 _____Initial
________________________________________________________________ ________________________________________________________________ 8. Other comments: __________________________________________________
________________________________________________________________ ________________________________________________________________ ________________________________________________________________
________________________________________________________________ Note: Please attach the unavailability letters with this report. RFP H-53-10 25 _____Initial
RFP H-53-10 26 _____Initial EXHIBIT E CITY OF POMPANO BEACH, FLORIDA LOCAL BUSINESS PARTICIPATION FORM RLI Number & Title: ___________________________ Prime Contractor’s Name: _______________________
__ Name of Firm, Address Contact Person, Telephone Number Type of Work to be Performed Contract Amount
RFP H-53-10 27 _____Initial EXHIBIT F LOCAL BUSINESS LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR TTwTC________________________________________________________________ _____________________________
___________________________________ ________________________________________________________________ ________________________________________________________________ _________________________________
_______________________________ ________________________________________________________________ ________________________________________________________________ _____________________________________
___________________________ ________________________________________________________________ at the following price: ______________________________________________ _ RLI Number_______________
O: ____________________________ (Name of Prime or General Bidder) he undersigned City of Pompano Beach business intends to perform subcontracting ork in connection with the above contract
as (check below) _____ an individual _____ a corporation _____ a partnership _____ a joint venture he undersigned is prepared to perform the following work in connection with the above
ontract, as hereafter described in detail: _______________ _____________________________________ (Date) (Name of Local Business Contractor) BY: __________________________________
EXHIBIT G LOCAL BUSINESS UNAVAILABILITY FORM RLI #_________________ I,_______________________________________________________________ (Name and Title) of_________________________________,
certify that on the _______day of __________, _____, I invited the following LOCAL BUSINESSES to bid work items to be performed in the City of Pompano Beach: Business Name, Address Work
Items Sought Form of Bid Sought (i.e., Unit Price, Materials/Labor, Labor Only, etc.) Said Local Businesses: ___ Did not bid in response to the invitation ___ Submitted a bid which was
not the low responsible bid ___ Other:________________________________________ Signature: _____________________ Date: _________________________ Note: Attach additional documents as available.
RFP H-53-10 28 _____Initial
EXHIBIT H GOOD FAITH EFFORT REPORT LOCAL BUSINESS PARTICIPATION RLI #__________________ 1. What portions of the contract have you identified as Local Business opportunities? _________________________
__________________________________ ___________________________________________________________ ___________________________________________________________ ____________________________________________
_______________ 2. Did you provide adequate information to identified Local Businesses? Please comment on how you provided this information. _______________________________________________________
_______________________________________________________ _______________________________________________________ 3. Did you send written notices to Local Businesses? ____ Yes ____ No
If yes, please include copy of the notice and the list of individuals who were forwarded copies of the notices. 4. Did you advertise in local publications? ____ Yes ____ No If yes, please
attach copies of the ads, including name and dates of publication. 5. What type of efforts did you make to assist Local Businesses in contracting with you ? __________________________________________
________________ __________________________________________________________ RFP H-53-10 29 _____Initial
7. List the Local Businesses you will utilize and subcontract amount. ________________________________ $_______________ ________________________________ $_______________ _____________________________
___ $_______________ 8. Other comments: ____________________________________________ __________________________________________________________ _______________________________________________________
___ __________________________________________________________ __________________________________________________________ RFP H-53-10 30 _____Initial
RFP H-53-10 31 _____Initial STATEMENT OF NO RESPONSE If you do not intend to submit on this requirement, please complete and return this form by the submittal deadline to the City of
Pompano Beach Purchasing Division, Building C, 1190 N.E. 3rd Avenue, Pompano Beach, Florida 33060; this form may be faxed to (954) 786-4168. Failure to respond, either by submitting
a proposal, or by submitting a "Statement of No Response" form, may result in your firm’s name being removed from our mailing list. WE, the undersigned, have declined to submit on this
solicitation for the following reason(s): _______ We do not offer this product or an equivalent _______ Our workload would not permit us to perform _______ Insufficient time to respond
to the Request for Letters of Interest _______ Unable to meet specifications (explain below) _______ Other (specify below) Remarks ____________________________________________________________________
__ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________
________________________________________ ______________________________________________________________________________ COMPANY NAME _____________________________________________________________
ADDRESS ____________________________________________________________________ TELEPHONE _________________________________________________________________ SIGNATURE/TITLE ______________________________
______________________________ DATE ________________________________________________________________________
City of Pompano Beach, Purchasing Division 1190 N.E. 3rd Avenue, Building C Pompano Beach, Florida, 33060 August 23, 2010 ADDENDUM #1, RFP H-53-10 TURNKEY CODE COMPLIANCE SERVICE PROGRAM
Please review the following questions submitted by potential Proposers, and answers provided by the City Manager's Office: Q1: What is the number of current open Code Enforcement cases?
A1: There are 1,950 cases which are still open in some fashion either as active cases, inactive cases with liens, etc. Q2: What software does the City or Broward County currently use
for Code Compliance? Does the City want the contractor to continue to use the same software? A2: The Sheriff’s Office utilizes the City’s software which is SunGard Public Sector Naviline.
The Contractor can use their own system or the City’s (at their own expense). Q3: How many public meetings/presentations do you anticipate and is Code Compliance staff expected to attend
these meetings/presentations? A3: BSO is partnered with about 20 homeowners/neighborhood associations that meet mainly on a monthly basis. It depends on the needs of the community as
to whether Code attends. Q4: How many new ordinances will be required per year? A4: Depends on the needs of the community and/or City Commission policy changes, but an average can be
used based on the information provided in #5. Q5: How many new ordinances, that affect code enforcement, have been passed during the past 5 years? A5: 140 from 2009-2005. Q6: Does the
Broward County Sheriff's Department currently provide monthly reports? Annual reports? If so, please provide the latest annual report and last 12 monthly reports.
H-53-10, Addendum #1 Page 2 of 3 A6: The Sheriff’s Office does not provide monthly reports. The City is looking for an experienced provider who can provide reliable and pertinent reports.
Q7: Is there a requirement for a location of office space? Does it have to be inside the City's limits? Is space available in the City offices? If so, what would be the lease rate? A7:
The RFP is looking for a turn key service provider who can provide their own office space. The City prefers the location be within the City limits. The Special Magistrate Office is currently
located on the 4th floor of City Hall and seats 1.5 employees. Q8: How many Special Magistrate hearings are there in a year? Are these during normal working hours, or at night and/or
weekends? A8: There are 36 Special Magistrate Hearings per year. Most of the hearings are during normal working hours, but on a rare occasion, when the volume of cases have increased,
a case will be after 5pm. Q9: What recordkeeping software does the City currently use to handle Special Magistrate cases? Will the contractor be required to use this software, or have
its own? A9: The City uses Word, Naviline, and Outlook for record keeping purposes. There is no required software to be used for this service. Q10: Will the contractor be allowed to
use the City's current computer system, or will it be required to provide its own? A10: Since the provider will be responsible for their own office space the City prefers that they use
their own hardware. Q11: What process is required for the collection of fines? A11: Currently, the City simply submits collection notices with additional follow up notices at a later
time if not resolved. Q12: Does the City pay for publication of all notices? A12: Currently, the Sheriff’s Office pays all costs associated with Notice of Violations either through certified
mailings or posting at the properties. Additionally, the City pays advertising costs associated with Special Magistrate Hearings. Q13: Does the City pay for all necessary legal correspondence
required?
H-53-10, Addendum #1 Page 3 of 3 A13: The City does pay for legal correspondence since it handled clerical duties with the Special Magistrate while contracting with the Sheriff’s Office.
Q14: Does support for the Special Magistrate include all cases or just Code Compliance cases? A14: All Cases. Q15: Would the contractor have access to all electronic records (property
tax, utility, etc.)? A15: Yes. Q16: Does the City's Prosecutor/Solicitor assist with Code Compliance cases? A16: Only with legal issues. The remainder of the RFP is unchanged at this
time. Acknowledge receipt of this addendum in your proposal. The deadline for receipt of sealed proposals remains 2:00 p.m. (local), August 30, 2010, in the Purchasing Office at 1190
N.E. 3 Avenue, Building C, Pompano Beach, Florida, 33060. Very truly yours, Leeta Hardin General Services Director cc: distribution list file
MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: April 4, 2012 SUBJECT: AGENDA ITEM WS.3 -WORKSHOP
MEETING OF APRIL 10, 2012 PRESENTATION ON PROPOSED CHANGES TO THE 4TH OF JULY /ON THE AVENUE ITEM BEFORE COMMISSION Prior to the submittal of the Special Event Permit Application, a
presentation is being made on proposed changes to the July 4th /On the Avenue event, as well as the 4th of July fireworks show for Commission’s review and comment. BACKGROUND Information
on the proposed changes is as follows: On the Avenue: Proposed changes: Move the date from the historical Thursday before the 4th of July to Tuesday, July 3rd, and change the location
from the Swinton to Federal corridor on Atlantic to beachside (see attached site map). Reason for proposed changes: Since the 4th of July is on a Wednesday, adding the On the Avenue
on July 3rd would give hotels in the area the ability to sell long weekend packages, would reduce set up time and would eliminate one street closure in the core area between Swinton
and Federal, as has been requested by some of the merchants in this area. Also it would reduce costs by $9,000 for entertainment since beachside businesses would pay these costs, and
the smaller footprint should also reduce City overtime costs. Impacts: The main impact would be the closure of this portion of Atlantic and A-1-A from approximately 4:00 p.m. on Tuesday,
July 3rd through the end of the 4th of July event until after 10:00 p.m. Traffic off A-1-A would be detoured via Mirimar and Thomas. We would also have to make arrangements to move the
Café Luna Rosa valet queue. Support: Verbal support has been given by the President of the BPOA, but she will bring it to her board at their meeting on Thursday, April 5, 2012. We will
have information on the outcome at your meeting. We have also received support from many businesses in the area. Attached is a petition, as well as individual emails of support.
4th of July Fireworks Show: Proposed changes: Shoot the fireworks from the locations north and south of Atlantic Avenue on the beach, angled towards the ocean using the type of fireworks
used for First Night. See attached maps and Delray Beach Marketing Cooperative July 4th fireworks display from the Beach Summary. Reasons for Change: This change would eliminate problems
like we encountered last year in securing a tug and barge, plus reduce costs. Impacts: Would require different type of set up and security on the beach, keeping a 50’ radius during fireworks
setup, and a safety zone of 300' in all directions at each launch location during the display which exceeds NFPA standards by a 90' radius. Smaller size shells would be used for the
show. This will create some new logistics planning. Cost Savings: Tug and Barge ($25,000) minimum Docking Fees ($ 8,500) minimum Entertainment ($ 6,000) ($39,500) Increased Costs: Max
for increased security and rental costs $10,000 Net Savings $29,500 Support: Staff and businesses support this change, however, we still need clearance from the state DEP for approval.
Sarah will be meeting with Mark Taynton from DEP on April 12, 2012.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Bruce Koeser, Director, Human Resources
THROUGH:David Harden, City Manager
DATE:April 4, 2012
SUBJECT:AGENDA ITEM WS.2 - WORKSHOP MEETING OF APRIL 10, 2012
PRIVATIZATION OF CODE ENFORCEMENT OFFICER POSITION
ITEM BEFORE COMMISSION
Commission discussion on the possible privatization of Code Enforcement Officer position.
BACKGROUND
This Memo is in reference to the City Commission’s direction to review the option of
privatizing/outsourcing segments of the Code Enforc ement Division, particularly with regard to a Code
Officer position(s). Lula Butler and I reviewed pre liminary options in this area, and considered sever al
key critical factors, such as service level improve ment, communication/consistency of application of
Code Enforcement Rules/Regulations, costs, impact o n residents, etc.
Lula and I met with one organization who currently works with our CRA in providing Engineering
services – Calvin, Giordano & Associates, Inc (CGA). This orga nization is based in Broward County
and provides various services to municipalities thr oughout Florida and the Southeast United States.
Specifically, this company has a contract to provid e Code Enforcement services to Pompano Beach on a
full-service basis; they replaced the Broward Sheri ff’s Office in providing this service for Pompano,
saving manpower costs for them. This company also p rovides other Broward County cities with Code
Enforcement services; all this was an outgrowth of a business slowdown in the need for Engineering
work that prompted CGA to diversify and look for ot her niche markets.
The factors that need to be considered and research ed in considering privatizing/outsourcing options a re
as follows:
Service Level Improvement – is the proposed privatized service going to be impr oved as a result
of moving away from City staffing? Because the consideration in this case is given to segmentation –
that is, outsourcing a small piece of an entire Cit y-wide service currently provided by City employees,
there is no evidence to support an improvement in s ervice level; in fact, most signs would point to a
degradation of service, based on the insertion of a n outside Agency currently unfamiliar with City
residents’ needs and wants and City practices and R ules/Regulations in the Code Enforcement area.
Cost – will the City save money by virtue of moving to a p rivatized model for a segment of Code
Enforcement? There is a good chance that the City would save on straight cost for staffing in this
privatized model, primarily due to Benefit costs; I would estimate that the straight wage rate paid to the
privatized employee might be comparable to a City e mployee, but the City Benefits load (particularly
taking into account the costs of Pension and Medica l Plan Benefits) would be higher than that found in
an outside organization. However, when taking into account the outside organization’s profit markup on
the privatized employee’s salary and fringe benefits, alongside the potenti al reduction in service level
performance, the cost benefit would appear to be sm all.
Access to outside knowledge and more state of the a rt performance methods, including improved
economies of scale – In meeting with CGA, it was acknowledged that the C ity’s staffing levels were as
good or better than the staffing levels that this o utside organization would provide the City on a per
1,000 population ratio basis, as well as a per squa re mile ratio basis. Therefore, it would seem that
savings would be minimal, if they exist at all, whe n taking into account the increased level of
management work to monitor and train this new outsi de staff.
Ability to provide specific performance measurement s for the service(s) being provided –
Generally, services that are difficult to quantify in terms of specific, measurable results are more
difficult to outsource than those that are not. The privatizing/outsourcing of a small segment of a la rger
Division may not produce improved results from a pe rformance perspective.
Is this the appropriate type of work to privatize/o utsource? Consideration has to be given to the
public facing nature of the services being consider ed for privatizing/outsourcing; in this case, due t o the
type of work the City is involved with, Code Enforc ement work can have a great deal of exposure in the
community at large. This type of work, especially w hen segmented, may not lend itself readily to
privatization.
What types of services can best be privatized/outso urced? Services that can be more readily
quantified for performance factors are those that o ught to be given primary consideration in this
concept. In addition, those services which entail h igh capital expense (which the outside organization
can spread out through several customers/clients) a re more likely targets for this type of action.
Reduction of Liability – If there can be a significant reduction in liabilit y for the City in
privatizing/outsourcing, this could be a key consid eration. However, this does not appear to be the ca se
here, due to the segmentation of the work and the f act that the City’s Rules/Regulations would still
govern.
Summary – The concept of the privatizing/outsourcing of certa in services is a good one to consider,
especially in lean financial times. This idea, if i mplemented for large blocks of general services (if
collective bargaining agreements allowed) or for th ose services requiring a large capital outlay, coul d be
of benefit to the City of Delray Beach. We are not convinced that this concept would fit for taking ov er
this high-exposure, segmented piece of critical wor k from the City at this point.
Memo
To: David Harden – City Manger
From : Lula Butler - Director, C ommunity Improvement
Thru: Bruce Koeser – Director, Human Resources
Subject: Privatization of One Code Officer Position
Date: April 5 , 2012
This is in reference to the direction by the Commission to consider privatizing the C ode O fficer
position approved for hire under the mid -year budget . The position will be used to address code
issues during weekend and evening hours. Bruce Koeser, H .R . Director, took the lead in identifying
for -profit agencies and/or companies that offer municipalities the option of taking over services
normally provided by the City. Staff was directed to review the options available, consider the costs,
process and impact of privatizing this position.
Br uce and I met with Calvin, Giordano & Associates, Inc. of Ft. Lauderdale, one of the local
companies that provide local government agencies with an ala carte selection of outsourcing options
inclusive of Code Enforcement, Building, Administration and Engin eering services. The company
currently has contracts with the cities of Weston, Pompano Beach and Pembroke Pines , providing a
range of services from total privatization to specific functions. This company has diversified itself
responding to levels of go vernment seeking to reduce costs, grounded in the belief that market
competition in the private sector is a more efficient way to provide some services traditionally
performed by government.
While understanding that the option to outsource some of the sta ff may be considered, I would not
recommend splitting out components of the Code Enforcement functions , especially since all code
activities are established under an inter -department coordination and on -going consultations with the
City At torney’s office, given the fact that property owners are often represented by legal counsel . A
controlled and accountable process is critical.
Pr ivatizing one code officer position will impact staff’s ability to provide a seamless code enforcement
process to residents as we work to help property owners achieve compliance utilizing an effective
“community -oriented” process . Any new company must edu cate themselves on ordinance
requirements and get to know this community. In addition, if the decision is to move forward, we
would have to prepare the required RFP (not a sole source item) setting forth the scope of service and
level of accountability re quired.
Consideration should be given to the fact that the Community Improvement Departmen t works as a
team, providing the necessary support and resources to the code enforcement process from all
divisions of the department , which enables us to be proficient and meet performance standards. Also,
my Code Enforcement Division’s budget for FY 201 1/2012 is $975,140. The Landlord permit
2 | Page
revenues average $380,000 per year , in addition to the $870,000 (Alarm Registration/Renewal,
Business Tax Receipts and Code Enforcement fines), as a contribution to the general revenue fund.
Finally, staff believes the City Commission should carefully explore the subject of priva tization,
conducting cost -benefit analysis to determine if the private company can deliver the service better and
more cheaply than C ity staff. The desired level of service is a key compone nt. The City must also
factor in the equation the fact that we must also be prepared to properly manage the privatization
process and carefully monitor the implemented privatization. I can refer to our oversight of the Waste
Management contract as the ex ample.
Waste Management is an excellent company that provides good service; however, staff has developed
appropriate and effective oversight of their performance, meeting with the designated supervisor daily
to address complaints and/or service deficien cies, monitoring the quality of services in the field and
meeting regularly with the Community Liaison to further communicate and address issues that require
adjustments in service levels . We employ three (3) Sanitation O fficers to supplement these servic es
based on desired service level s necessary to achieve the goals establish ed by the elected officials t o
achieve quality neighborhoods. While Waste Management handles the garbage service, Code
Enforcement vets all litter abatement issues and takes care of the i nitial contact with citizens regarding
any complaints. I will be glad to meet with you to discuss this matter further. Staff will present a cost
analysis comparing the City’s Code Enforcement Division’s budget to the contracted services
provided by Calvin, Giordano & Associates, Inc. for the City of Pompano Beach as a part of our
presentation at the workshop meeting.
LB:DQ
REQUEST FOR PROPOSALS
H-53-10
TURNKEY CODE COMPLIANCE SERVICE
PROGRAM
RFP OPENING: AUGUST 30, 2010, 2:00 P.M.
PURCHASING OFFICE
1190 N.E. 3RD AVENUE, BUILDING C (Front)
POMPANO BEACH, FLORIDA 33060
RFP H-53-10 Initial ______ 1
August 5, 2010
CITY OF POMPANO BEACH, FLORIDA
REQUEST FOR PROPOSALS
H-53-10
TURNKEY CODE COMPLIANCE SERVICE PROGRAM
A. OBJECTIVE
The City is seeking proposals from qualified fi rms to provide a comprehensive turnkey Code
Compliance service program with a strong em phasis on customer service and professional
development.
B. CITY ABSTRACT
The City of Pompano Beach is a full service community that covers 25.8 square miles and has a
permanent population of almost 100,000 year round resi dents. The City has been in existence for
over 100 years. Once a thriving agricultural community, the city has evolved into a warehouse/
distribution hub for a wide range of companies that service the 5+ million residents of the south
Florida market. In addition to the industrial and warehouse space, the City has 3 miles of
beautiful shoreline that draws an additional 20,000 annual visitors, within and out of State. The
City is also home to the Isle of Capri Casino and the Good Year Blimp.
68% of the population is Caucasian while 25% is African American. The remaining percentage
is mostly of Hispanic or Latino origin. A bout a quarter of the population has obtained a
Bachelor’s degree or higher. The number of hous ing units is estimated to be over 50,000 with a
median income of around $40,000.
C. BACKGROUND
The City, like the rest of the nation, is grappli ng with the severe downturn in economic activity.
Currently the South Florida region (Metropo litan Statistical Area) is experiencing an
unemployment rate of around 12%. Moreover, th e City has seen a significant increase in
foreclosures due to recent run up in unemploymen t, and due to the speculative purchases that
took place between 2002 and 2007. These factors have caused the City’s property values to
decrease by over 37% over the past three years. As a result, the City has had to reduce certain
services and actively search for ways to carry out other services more efficiently and effectively,
such as outsourcing.
For the past 10 years the City has been outsour cing Code Com pliance with the Broward Sheriff’s
Office, who over the same period has and conti nues to provide the City’s police services.
However, the Sheriff’s Office is a governmental entity similar to the City a nd as such faces some
of the same financial and operational constraints th e City would if it carried out the service itself.
Therefore, the City is issuing a Request for Propos al to interested firms for Code Compliance to
provide a comprehensive turnkey service to th e City. This not only involves traditional Code
Compliance services but also is to include handling the administrative and clerical duties
associated with the Special Magistrate.
D. SCOPE OF SERVICES
Currently, Code Compliance is carried out by th irteen Code Inspectors and two Administrative
Assistants. The Special Magistrate’s legal and clerical duties are carried out by the City. The
City has one Assistant City A ttorney who handles the legal functions and one and a half
assistants that handle the clerical duties. The C ity Attorney’s Office will continue to handle any
legal issues associated with the Special Magistrate; all other duties will be handled by the
contractor.
1. Code Compliance
a) The contractor will be expected to provide a full time turnkey comprehensive
Code Compliance service program. The c ontractor will be responsible for all
aspects of the operation. All transiti on, planning, organizing, communications,
administration, staffing, field enforcement, customer service, public
education, information technology, will be wholly included and provided by
the contractor. For purposes of this pr oposal, transition will also include the
continued prosecution by the contractor of all existing Code Compliance
Cases.
b) The Contractor will be responsible for providing all necessary personnel,
Office space, office supplies, equipment and vehicles to successfully carry out
the operation.
c) Public meetings or presentations with the City Commission, neighborhood
organizations, community businesses, et c. will be staffed and provided on an
ongoing basis by the Contractor.
d) The contractor will be responsible for writing revisions to existing Ordinances
and creating new Ordinances to improve the overall appearance of the City, to
address concerns raised by the public, to aide in the operation of the services,
or to provide new guidelines. Additi onally, the Mayor and City Commission
will amend its Code of Ordinances to modify or enact additional regulations
and the contractor will be responsible to enforce such regulations when
applicable.
RFP H-53-10 Initial ______ 2
e) The contractor will be responsible for developing special projects or program s
to aide in improving public awareness and cooperation regarding Code
Compliance, to handle specific and unusual problems or to aide in
accomplishing specific goals or objectives.
2. Clerical and Administrative Functions
a) The contractor will be expected to pr ovide clerical and administrative support
for Code Compliance and Special Magistrate, which includes but is not
limited to the following tasks:
(1) Coordinate and handle cases/files for violations covering:
(a) Code Compliance
(b) Building (Structural, Plumbing, and unpaid Alarm)
(c) Engineering
(d) Fire
(e) Animal Control
(f) Overweight Commercial Vehicles
(g) Business Tax Receipts
(h) Water Restrictions
(i) Telecommunication Fees
(2) Attend, set and coordinate Special Magistrate Hearing and
Compliance Dates
(3) Develop all Special Magistrate agendas
(4) Post all notices of hearings
(5) Keep and maintain record of all oral orders
(6) Prepare, execute and attest to all necessary orders
(7) Send all hearing notices, including recurring/repeating cases.
(8) Assist City Attorney’s Office with all foreclosure related inquires
(9) Assist City Attorney’s Office with requested preparation for trial
(10) Respond to all requested depositions as ordered
(11) Process lien payments
(12) Handle all file retention, archiving, and purging matters
(13) Recording and removing liens
3. Personnel
a) All Code Compliance Inspectors will be required to have obtained at a
minimum Level-I Certification from the Florida Association of Code
Enforcement prior to commencing Code Compliance Services. Additionally
all Code Compliance Inspectors will be required to additionally obtain Level
II Certification within one year from commencement of duties in the City.
RFP H-53-10 Initial ______ 3
b) All Code Com pliance Supervisors will be required to have obtained at a
minimum a Level-II Certification from the Florida Association of Code
Enforcement prior to commencing the C ode Compliance Services. Thereafter,
all Code Compliance Supervisors will be required up to obtain a Level III
Certification within one year from commencement of duties in the City.
c) Customer Service will be addressed, instilled and trained as an ongoing high
priority to ensure that the public intere st is served at a high level to gain
compliance.
4. Hours of Operation
The contractor will be expected to provide Code Compliance during business hours (7:00
a.m. - 6:00 p.m.) six days per week.
5. Reports
a) The contractor will be required to provide monthly performance reports to the
City. The information will include but not be limited to:
(1) Number of new Code Compliance cases opened.
(2) Number of new Code Compliance cases opened as a result of a
complaint.
(3) Number of prior Code Compliance cases still open from prior month.
(4) Number of Inspections
(5) Number of Re-inspections
(6) Number of Code Compliances cases closed
(7) Number of Code Compliance cases resolved through the Special
Magistrate
(8) Revenue collected
(9) Revenue outstanding (uncollected).
(10) Staffing Roster – weekly hours worked per full-time equivalent.
b) The Contractor will be required to subm it an annual report to the City each
year. The report will cover the previous fiscal year and will summarize
productivity measures reported on a m onthly basis. The report will also
provide performance goals to be achieved for the following year, special
projects to be implemented and any other additional information requested.
E. INSURANCE
Consultant/Service Agent (C/SA) shall not commence the Work under this Contract until
it has obtained all insurance required under th is Article and such insurance has been
approved by the City of Pompano Beach’s Ri sk Manager, nor shall (C/SA) allow any
Subcontractor to commence work on its sub-contract until the aforementioned approval is
obtained.
RFP H-53-10 Initial ______ 4
(C/SA) shall provide, pay for and maintain in force at all times during the services to be
performed, such insurance, including Work ers’ Compensation Insurance; Liability
Insurance; Real and Personal Property; Excess Liability and Professional Liability
Insurance with minimum coverage amounts accepta ble to the City as set forth below.
Such policy or policies shall be issued by United States Treasury approved companies
authorized to do business in the State of Fl orida and have agents upon whom service of
process may be made in the State of Florida. The policies of insurance shall be primary
and written on forms acceptable to the City’s Risk Manager, meet a minimum financial
A.M. Best and Company rating of no less than Excellent, and be part of the Florida
Insurance Guarantee Association Act. No cha nges are to be made to these specifications
without prior written approval of the City’s Risk Manager.
Insurance shall be in force until all Work re quired to be performed under the terms of the
Contract is satisfactorily completed as ev idenced by the formal acceptance by the City. A
Certificate of Insurance, reflecting evidence of the required insurance, shall be filed with
the City of Pompano Beach’s Risk Manager prior to the commencement of the Work.
The Certificate shall contain a provision that coverage afforded under these policies will
not be cancelled, will not expire and will not be materially modified until at least thirty
(30) days prior written notice has been given to the City.
In the event the Insurance Certificate provide d indicates that the insurance shall terminate
and lapse during the period of this Contract, (C/SA) shall furnish, at least thirty (30) days
prior to the expiration of the date of such in surance, a renewed Certificate of Insurance as
proof that equal and like coverage for the balance of the period of the Contract and
extension thereunder is in effect. (C/SA) shall not continue to perform the Work
pursuant to this Contract unless all required insurance remains in full force and effect.
(C/SA) shall specifically protect the City by naming the City as an additional insured on
the Comprehensive General Liability Insurance policies hereinafter described.
1. Worker’s Compensation Insurance coveri ng all employees and providing benefits
as required by Florida Statute, Chapter 440, regardless of the size of the company
(number of employees). (C/SA) further ag rees to be responsible for employment,
control and conduct of its employees and for any injury sustained by such
employees in the course of their employment and for any and all volunteers
involved in the program.
2. Liability Insurance shall include the fo llowing checked types of insurance and
indicated minimum policy limits.
RFP H-53-10 Initial ______ 5
RFP H-53-10 Initial ______ 6
LIMITS OF LIABILITY
Type of Insurance Each Occurrence/Aggregate
GENERAL LIABILITY MINIMUM $1,000,000 OCCURRENCE/AGGREGATE
* Policy to be written on a claims incurred basis
XX comprehensive form
XX premises - operations bodily injury
XX explosion & collapse
hazard property damage
XX underground hazard _______________________________________________
XX products/completed
operations hazard bodily injury and
XX contractual insurance property damage
XX broad form property combined
damage ______________________________________________
XX independent contractors
XX personal injury personal injury
--------------------------------------------------------------------------------------------------------------------
AUTOMOBILE LIABILITY MINIMUM $1,000,000 OCCURRENCE/AGGREGATE
bodily injury
(each person)
bodily injury
XX comprehensive form (each accident)
XX owned property damage
XX hired bodily injury and
XX non-owned property damage
combined
--------------------------------------------------------------------------------------------------------------------
REAL & PERSONAL PROPERTY
__ comprehensive form (C/SA) must show proof that it has this coverage
--------------------------------------------------------------------------------------------------------------------
EXCESS LIABILITY
bodily injury and
__ umbrella form property damage
__ other than umbrella combined $2,000,000 $2,000,000
--------------------------------------------------------------------------------------------------------------------
__ PROFESSIONAL LIABILITY $5,000,000 $5,000,000
* Policy to be written on a claims made basis
--------------------------------------------------------------------------------------------------------------------
(C/SA) shall be solely responsible fo r payment of all premiums for insurance
contributing to the satisfaction of this Agreement and shall be solely responsible for
payment of all deductibles to which such polic ies are subject, whether or not the City is
an insured under the policy.
(C/SA) shall provide the City’s Risk Manager the certification or proof of insurance of all
insurance policies required under this Agreemen t within thirty (30) days after execution
of this Agreement. The City’s Risk Manager reserves the right at any time to review
coverage, form and amount of insurance and al so require a certified copy of such policies
upon request.
No change(s) to the coverage required under this Agreement shall be made without prior
written approval of the City’s Risk Manager. All endorsements and certificates shall state
that prior to expiration or cancellation of any and all policies required under this
Agreement, the City’s Risk Manager shall be given thirty (30) days notice by certified
mail, return receipt requested to 100 West Atlantic Boulevard, Pompano Beach, Florida
33060.
Notice of Accident (occurrence) and Notice of Claims associated with the work being
performed under this Agreement, shall be provided to the (C/SA) insurance company and
the City’s Risk Manager as soon as practical after notice to the insured.
F. SMALL BUSINESS ENTERPRISE PROGRAM
The Pompano Beach City Commission has established a voluntary Small Business
Enterprise (SBE) Program to encourage and foster the participation of Small Business
Enterprises in the central procurement activitie s of the City. The City of Pompano Beach
is strongly committed to ensuring the particip ation of Small Business Enterprises (SBE’s)
as contractors and subcontractors for the procurement of goods and services. The
definition of a SBE, for the purpose of the City's voluntary program, is taken from the
State of Florida Statute 288.703(1).
As of the date of publicati on of this solicitation, a small business means an independently
owned and operated business concern that employs 200 or fewer permanent full-time
employees and that, together with its affiliates, has a net worth of not more than $5
million or any firm based in Florida that has a Small Business Administration 8(a)
certification. As applicable to sole proprie torships, the $5 million net worth requirement
shall include both personal and business investments.
The City encourages all firms to undertak e good faith efforts to identify appropriate
Small Business Enterprise partners. Sources of information on certified Small Business
Enterprises include the Broward County Sma ll Business Development Division, the State
of Florida Office of Supplier Diversity, Sout h Florida Water Management District, and
other agencies throughout the State. The City includes links to these organizations from
RFP H-53-10 Initial ______ 7
the City’s website www.mypompanobeach.org . Please indicate in your response if your
firm is a certified Small Business Enterprise.
Please note that, while no voluntary goals have been established for this solicitation,
the City encourages small business participation in all of its procurements.
Please indicate in your response if your firm , or a subconsultant, is a certified Small
Business Enterprise, and include the completed “Good Faith Effort Report” form with
your proposal. SBE forms are included at th e end of this solicitation. Firms should
submit Exhibit A, detailing the list of SBE firm s to be used on the proposed contract, and
a completed Letter of Intent, Exhibit B, for a ll participating SBE firms. Submit Exhibit C
listing SBE firms that were solicited but not selected. Submit Exhibit D explaining your
firm’s good faith efforts to include SBE firms on this contract.
G. LOCAL BUSINESS PROGRAM
On March 23, 2010, the City Commission appr oved a Resolution establishing a Local
Business Program, a policy to increase the pa rticipation of City of Pompano Beach
businesses in the City's procurement process.
You can view the list of City businesses th at have a current Business Tax Receipt on the
City’s website, and locate local firms that ar e available to perform the work required by
the RLI. The business information, sorted by business use classification, is posted on the
webpage for the Business Tax Receipt Division:
http://mypompanobeach.org/directory/btr/index.html
Please note that, while no voluntary goals h ave been established for this solicitation,
the City encourages Local Business participation in all of its procurements.
The City of Pompano Beach is strongly committe d to insuring the participation of City of
Pompano Beach Businesses as contractors a nd subcontractors for the procurement of
goods and services. Proposers are encouraged to participate in the City of Pompano
Beach's voluntary Local Business Program by including, as part of their submittal
package, the Local Business Participation Fo rm, listing the local businesses that will be
used on the contract, and the Letter of Inte nt Form from each local business that will
participate in the contract. Proposers should utilize businesses that are physically located
in the City of Pompano Beach with a curre nt Business Tax Receipt . Proposers who are
unable to meet the recommended voluntary goals should also provide the Local Business
Unavailability Form, listing firms that were contacted but not available, and the Good
Faith Effort Report describing the efforts made to include local business participation in
the contract.
RFP H-53-10 Initial ______ 8
H. CONTRACT TERM
The initial contract period shall be three year s, with the option of two additional one-year
renewal terms.
I. SUBMISSION/FORMAT REQUIREMENTS
Eligibility: To be eligible to qualify as a par ticipant in this project, the following
minimum requirements must be met:
The firm must be established as a legal entity in the State of Florida.
The firm must clearly indicate the expertise and facilities to serve the City of Pompano
Beach as outlined in this request for proposal.
Format:
Submit one (1) original unbound and five (5) bound copies of the proposal. All copies
will be on 8 ½” x 11” plain white pape r, typed, and signed by an authorized
representative who is able to contract for the Proposer. The text size used in the
response shall be 11 point or larger.
Information to be included in the proposal: In order to maintain comparability and
enhance the review process, it is required that proposals be organized in the manner
specified below, separated by tabs:
1. Title page:
Show the project name and number, the name of the proposer's firm, address,
telephone number, name of contact person, and the date.
2. Table of Contents:
Include a clear identification of the material by section and by page.
3. Letter of Transmittal:
Briefly state the proposer’s understandi ng of the project and express a positive
commitment to provide the services within. State the name(s) of the person(s)
who will be authorized to make representations for the proposer, their title(s),
addresses, and telephone numbers. Please limit this section to two pages.
4. Signature Page :
The Proposal Signature Page must be completed, signed, and returned.
5. Budget/Pricing Proposal
Submit the annual proposed budget/cost to the City in the format illustrated
below, and contained on the "Proposal Pricing Page".
RFP H-53-10 Initial ______ 9
Firm's Name: ________________________________
Propose
d
Budget
Personal Services
Salaries
Overtime
Temporary & Part Time
FICA Taxes
Retirement
Health Insurance
Other
Total Personal Services =
Operating Expenses
Sub-Contractors/Other Pr ofessional Services.
Insurance (other than health)
Fuel
Vehicle (repair and maintenance)
Travel
Postage
Office supplies
Legal Advertising
Software purchases
Uniforms
Special Supplies
Special Services
Rentals & leases (buildings)
Rentals & leases (equipment)
Rentals & leases (vehicles)
Dues & Memberships
Electric
Water & Sewer
Communications
Other
Total Operating Expenses =
Capital Expenses
Motor Vehicles
Computer Equipment
Furniture & Fixtures
Other
Total Capital Expense =
=======
TOTAL PROPOSED BUDGET =
RFP H-53-10 Initial ______ 10
Please note the following :
Each line item will need to be completed. If no expense is anticipated or
proposed for a particular line item fill in a zero.
If any of the line items labeled “Other” are over $10,000 describe what the
proposed cost consists of in an attachment to the pricing form.
Personnel – List all positions proposed for the contract by title and quantity
(number of each position) in an attachment to the pricing form.
6. Experience
Describe the background and experience of the firm and staff and any sub-contractors
to be used. The firm should have a minimum of five (5) years experience providing
Code Compliance services. This section should be a concise document, which shall
also include the following information:
A) A brief summary of the work accomplished by the firm and its present
personnel in similar engagements, in particular to cities and counties in the
State of Florida , such as:
1. History of the firm outlining municipal code compliance services
experience, to include Special Magistrate services.
2. Experience of senior management and field office personnel
managing third-party inspection services.
3. Number of code officials available
4. Level of experience of each code official within his or her respective
category that will be assigned to work in the City of Pompano Beach.
5. Level of F.A.C.E. Certification held by each code official who will be
working in Pompano Beach
B) For each entity your firm currently provides Code Compliance for, please
provide the following:
1. The size (population & square miles), the number of years Code
Compliance services has been provided, the number of full-time
Code Compliance administrative positions and Inspectors your
organization provides.
2. The number of new cases opened for 2009, the number of existing
cases carried over in to 2009, the number of cases closed in 2009,
and the total number of cases that went to the Special Magistrate
for 2009.
3. A copy of either a monthly or annual report that your firm
provides.
4. A contact (name, employer, position, phone number and email) for
a reference check.
RFP H-53-10 Initial ______ 11
7. Management & Operations
A) Describe the management plan to be used, staffing configurations and
related information to ensure customer-centered service is provided to the
City, residents and property owners . Describe any sub-contracting
relationships that are proposed for the inspection services to be provided.
Describe the principal point of cont act for the firm, how assignments will
be made, and how the firm will carry out the operation.
B) Describe how the firm will improve th e level of service provided to the
community; this should also include how the firm will operate the service
more efficiently and effectively.
C) State the location of the office that will administer this contract. It is
preferred that the office be located in or near Pompano Beach.
8. Anticipated Start Date
Indicate the earliest possible date your firm can begin providing Code
Compliance Services. The City expects service to begin service within 90 days or
less from the date of City Commission approval.
9. All Other Information Requested Herein
Each item in the evaluation criteria must be addressed in your response.
10. Return all RFP pages, initialed where indicated.
J. QUESTIONS AND COMMUNICATION
All questions must be submitted in writi ng to the Purchasing Office, 1190 N.E. 3rd
Avenue, Building C (Front), Pompano Beach, Florida 33060, fax (954) 786-4168. All
questions must include the inquiring firm’s name, address, telephone number and RFP
name and number. Questions must be received by 2:00 p.m. on August 23, 2010, at the
above location. No further questions will be accepted after this date. Oral and other
interpretations or clarifications will be wit hout legal effect. Questions and answers will
be distributed to all firms known to have obtained the RFP document from the City.
K. ADDENDA
In the event it becomes necessary to revise, change, modify, or cancel this RFP, addenda
will be issued to all known recipients of this solicitation.
L. ACCEPTANCE PERIOD
Proposals submitted in response to this RFP must be valid for a period no less than ninety
(90) days from the closing date of this solicitation.
RFP H-53-10 Initial ______ 12
M. RFP CONDITIONS AND PROVISIONS
The completed and signed proposal (together with all required attachments) must be
returned to City on or before the time a nd date stated herein. All proposers, by
submission of a proposal, shall agree to comp ly with all of the conditions, requirements
and instructions of this RFP as stated or implied herein. All proposals and supporting
materials submitted will become the property of the City.
Any alteration, erasure, or interlineations by the proposer in this RFP shall constitute
cause for rejection. Exceptions or deviations to this proposal may not be added after the
submittal date.
All proposers are required to provide all information requested in this RFP. Failure to do
so may result in disqualification of the proposal.
The City reserves the right to postpone or cancel this RFP, or reject all proposals, if in its
sole discretion it deems it to be in the best interest of the City to do so.
The City reserves the right to waive any tec hnical or formal errors or omissions and to
reject all proposals, or to award contract for the items herein, in part or whole, if it is
determined to be in the best interests of the City to do so.
The City shall not be liable for any costs incurred by the proposer in the preparation of
proposals or for any work performed in connection therein.
N. SELECTION/EVALUATION PROCESS
A Selection/Evaluation Committee will be appoi nted to select the most qualified firm.
The Selection/Evaluation Committee will pres ent their findings to the City Commission
and, upon Commission approval, will negotiate a contract with the most qualified firm.
Proposals will be evaluated using the following criteria.
Criteria Point Range
1. Cost 0-25
2. The Firm’s Code Compliance Experience 0-25
3. The Firm’s Special Magistrate Experience 0-15
4. Staff Experience 0-20
5. References 0-5
6. Location 0-5
7. Current Code Certifications 0-5
The Committee has the option to use the above criteria for the initial ranking to short-list
proposers and to use an ordinal ranking syst em to score short-listed proposers following
RFP H-53-10 Initial ______ 13
presentations (if deem ed necessary) with a score of “1” assigned to the short-listed
proposer deemed most qualified by the Committee.
Each firm should submit documentation that evidences the firm’s capability to provide
the services required for the Committee’s re view for short listing purposes. After an
initial review of the Proposals, the City may invite proposers for an interview to discuss
the proposal and meet firm representatives , particularly key personnel who would be
assigned to the project. Should interviews be deemed necessary, it is understood that the
City shall incur no costs because of this interview, nor bear any obligation in further
consideration of the submittal.
When more than three responses are r eceived, the committee shall furnish the City
Commission (for their approval) a listing, in ranked order, of no fewer than three firms
deemed to be the most highly qualified to pe rform the service. If three or less firms
respond to the RFP, the list will contain the ranking of all responses.
The City Commission has the authority to (including, but not limited to); approve the
recommendation; reject the recommendation and direct staff to re-advertise the
solicitation; or, review the responses themselv es and/or request oral presentations and
determine a ranking order that may be the same or different from what was originally
presented to the City Commission.
O. HOLD HARMLESS AND INDEMNIFICATION
Proposer covenants and agrees that it will indemnify and hold harmless the City and all
of its officers, agents, and employees from any claim, loss, damage, cost, charge or
expense arising out of any act, action, ne glect or omission by the Proposer, whether
direct or indirect, or whether to any person or property to which the City or said parties
may be subject, except that neither the Propos er nor any of its subcontractors will be
liable under this section for damages arising out of injury or damage to persons or
property directly caused by or resulting from the sole negligence of the City or any of its
officers, agents or employees
P. RETENTION OF RECORDS AND RIGHT TO ACCESS
The Contractor shall permit the authorized repr esentatives of the City to inspect and audit
all data and records of the Contractor, if any, relating to performance under the contract
until the expiration of three years after final payment under this contract.
The Contractor further agrees to include in all his subcontracts hereunder a provision to
the effect that the subcontractor agrees th at City or any of their duly authorized
representatives shall, until the expiration of three years after final payment under the
subcontractor, have access to and the right to examine any directly pertinent books,
documents, papers and records of such subcontractor, involving transactions related to
the subcontractor.
RFP H-53-10 Initial ______ 14
Q. COMMUNICATIONS
No negotiations, decisions, or actions shall be initiated or executed by the firm because of
any discussions with any City employee. Only those communications, which are in
writing from the City, may be considered as a duly authorized expression on behalf of the
City. In addition, only communications from firms that are signed and in writing will be
recognized by the City as duly authorized expressions on behalf of firms.
R. NO DISCRIMINATION
There shall be no discrimination as to race, color, age, sex, religion, national origin or
disability in the operations conducted under this contract.
S. INDEPENDENT CONTRACTOR
The selected firm shall be deemed an i ndependent Contractor for all purposes, and the
employees of the Contractor or any of its contractors, subcontractors and the employees
thereof, shall not in any manner be deemed to be employees of City. As such, the
employees of the Contractor, its Contractors or subcontractors, shall not be subject to any
withholding for tax, social security or other purposes by City, nor shall such Contractor,
subcontractor, or employee be entitled to sick leave, pension benefits, vacation, medical
benefits, life insurance, workers, unemployment compensation, or the like from City.
T. STAFF ASSIGNMENT
The City of Pompano Beach reserves the ri ght to approve or reject, for any reasons,
Proposer’s staff assigned to this project at any time. Background checks may be
required.
U. CONTRACT TERMS
The contract shall include, but not be limited to the following terms:
The contract shall include as a minimum, the entirety of this RFP document, together
with the successful Proposer’s proposal. Cont ract shall be prepared by the City of
Pompano Beach City Attorney.
If the City of Pompano Beach defends a ny claim, demand, cause of action, or lawsuit
arising out of any act, action, negligent acts or negligent omissions, or willful misconduct
of the contractor, its employees, agents or servants during the performance of the
contract, whether directly or indirectly, c ontractor agrees to reimburse the City of
Pompano Beach, and the City’s contracted law enforcement provider if applicable, for all
expenses, attorney’s fees, and court costs incurred in defending such claim, cause of
action or lawsuit.
RFP H-53-10 Initial ______ 15
V. WAIVER
It is agreed that no waiver or modification of this contract or of any covenant, condition
or limitation contained in it shall be valid unless it is in writing and duly executed by the
party to be charged with it, and that no evid ence of any waiver or modification shall be
offered or received in evidence in any pro ceeding, arbitration, or litigation between the
parties arising out of or affecting this contr act, or the right or obligations of any party
under it, unless such waiver or modification is in writing, duly executed as above. The
parties agree that the provisions of this paragraph may not be waived except by a duly
executed writing.
W. SURVIVORSHIP RIGHTS
This contract shall be binding on and inure to the benefit of the respective parties and
their executors, administrators, heirs, personal representative, successors and assigns.
X. TERMINATION
The contract may be terminated by the City of Pompano Beach without cause upon
providing contractor with a least sixty (60) days prior written notice.
Should either party fail to perform any of its obligations under this contract for a period
of thirty (30) days after receipt of written notice of such failure, the non-defaulting part
will have the right to terminate the contr act immediately upon delivery of written notice
to the defaulting part of its election to do s o. The foregoing rights of termination are in
addition to any other rights and remedies that such party may have.
Y. MANNER OF PERFORMANCE
Proposer agrees to perform its duties and oblig ations under this contract in a professional
manner and in accordance with all applicable local, federal, and state laws, rules, and
regulations.
Proposer agrees that the services provided under this contract shall be provided by
employees that are educated, trained and e xperienced, certified and licensed in all areas
encompassed within their designated duties. Proposer agrees to furnish the City of
Pompano Beach with all documentation, certifi cation, authorization, license, permit, or
registration currently required by applicable laws or rules and regulations. Proposer
further certifies that it and its employees ar e now in and will maintain good standing with
such governmental agencies and that it and its employees will keep all license, permits,
registration, authorization or certification requi red by applicable laws or regulations in
full force and effect during the term of this c ontract. Failure of proposer to comply with
this paragraph shall constitute a material breach of contract.
RFP H-53-10 Initial ______ 16
Z. STANDARD PROVISIONS
1. Governing Law
Interested vendors will agree that the la ws of the State of Florida shall govern
agreements, and the venue for any le gal action will be in Broward County,
Florida.
2. Conflict Of Interest
For purposes of determining any possible conflict of interest, each Proposer must
disclose if any City employee is also an owner, corporate officer, or an employee
of the firm. If any City employee is an owner, corporate officer, or an employee,
the Proposer must file a statement w ith the Broward County Supervisor of
Elections pursuant to § 112.313, Florida Statutes.
3. Drug Free Workplace
The selected firm(s) will be required to verify they will operate a “Drug Free
Workplace” as set forth in Florida Statute, 287.087.
4. Public Entity Crimes
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a proposal on a contract to
provide any goods or services to a public entity, may not submit a proposal on a
contract with a public entity for the constr uction or repair of a public building or
public work, may not submit proposals on leas es of real property to public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any pub lic entity, and may not transact business
with any public entity in excess of the threshold amount provided in Florida
Statute, Section 287.017, for CATEGORY TW O for a period of 36 months from
the date of being placed on the convicted vendor list.
5. Patent Fees, Royalties, And Licenses
If the selected Proposer requires or de sires to use any design, trademark, device,
material or process covered by letters of patent or copyright, the selected Proposer
and his surety shall indemnify and hold ha rmless the City from any and all claims
for infringement by reason of the use of any such patented design, device,
trademark, copyright, material or process in connection with the work agreed to
be performed and shall indemnify the City from any cost, expense, royalty or
damage which the City may be obligated to pay by reason of any infringement at
any time during or after completion of the work.
RFP H-53-10 Initial ______ 17
6. Permits
The selected Proposer shall be respons ible for obtaining all permits, licenses,
certifications, etc., required by federal, state, county, and municipal laws,
regulations, codes, and ordinances for th e performance of the work required in
these specifications and to conform to the requirements of said legislation.
7. Familiarity With Laws
It is assumed the selected firm(s) will be familiar with all federal, state and local
laws, ordinances, rules and regulations that may affect its services pursuant to this
RFP. Ignorance on the part of the firm will in no way relieve the firm from
responsibility.
8. Withdrawal Of Proposals
A firm may withdraw its proposal without prejudice no later than the advertised
deadline for submission of proposals by written communication to the General
Services Department, 1190 N.E. 3 rd Avenue, Building C, Pompano Beach, Florida
33060.
9. Composition Of Project Team
Firms are required to commit that the principals and personnel named in the
proposal will perform the services th roughout the contractual term unless
otherwise provided for by way of a negotia ted contract or written amendment to
same executed by both parties. No dive rsion or substitution of principals or
personnel will be allowed unless a written reque st that sets forth the qualifications
and experience of the proposed replacemen t(s) is submitted to and approved by
the City in writing.
10. Variances
While the City allows Contractors to ta ke variances to the RFP terms, conditions,
and specifications, the material nature, num ber, and extent of variances taken will
be considered in determining proposal responsiveness and in allocating proposal
evaluation points.
11. Contact Information
For additional information regarding this solicitation, please contact Ms. Leeta
Hardin, General Services Director, at (954) 786-4098.
RFP H-53-10 Initial ______ 18
REQUEST FOR PROPOSALS H-53-10
PROPOSAL SIGNATURE PAGE
To: The City of Pom pano Beach, Florida
The below signed hereby agrees to furnish the pr oposed services under the terms stated subject
to all instructions, terms, conditions, specificati ons, addenda, legal advertisement, and conditions
contained in the RFP. I have read the RFP a nd 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 a ll terms, conditions, and specifications of this
proposal.
Proposal submitted by:
Name (printed) ____________________________ Title _______________________________
Company (Legal Registered) _____________________________________________________
Federal Tax Identification Number ________________________________________________
Address ______________________________________________________________________
City/State/Zip _________________________________________________________________
Telephone No. _____________________________ Fax No. ____________________________
Signature _______________________________________ Date _________________________
Addendum Acknowledgment - Proposer acknowledges that the following addenda have been
received and are included in his/her proposal:
Addendum No. ______________________ Date Issued _____________________
Variances: State any variations to specificati ons, terms and conditions in the space provided
below or reference in the space provided below a ll variances contained on other pages of RFP,
attachments, or proposal pages. No variations or exceptions by the Proposer will be deemed to
be part of the proposal submitted unless such variation or exception is listed and contained
within the proposal documents and referenced in the space provided below. If no statement is
contained in the below space, it is hereby implie d that your proposal complies with the full scope
of this RFP.
Variances: ___________________________________________________________________
RFP H-53-10 Initial ______ 19
RFP H-53-10 Initial ______ 20
REQUEST FOR PROPOSALS H-53-10
PROPOSAL PRICING PAGE
Firm Name: ________________________________________________________
Proposed Budget
Personal Services
Salaries
Overtime
Temporary & Part Time
FICA Taxes
Retirement
Health Insurance
Other
Total Personal Services =
Operating Expenses
Sub-Contractors/Other Pr ofessional Services
Insurance (other than health)
Fuel
Vehicle (repair and maintenance)
Travel
Postage
Office supplies
Legal Advertising
Software purchases
Uniforms
Special Supplies
Special Services
Rentals & leases (buildings)
Rentals & leases (equipment)
Rentals & leases (vehicles)
Dues & Memberships
Electric
Water & Sewer
Communications
Other
Total Operating Expenses =
Capital Expenses
Motor Vehicles
Computer Equipment
Furniture & Fixtures
Other
Total Capital Expense =
TOTAL PROPOSED BUDGET =
RF
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RFP H-53-10 _____Initial 22
EXHIBIT “B”
SMALL BUSINESS ENTERPRISE
LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR
T
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________________________________________________________________
________________________________________________________________
________________________________________________________________
_
RLI Number _______________
O: ______________________________________
(Name of Prime or General Contractor)
he undersigned intends to perform subcontra cting work in connection with the above
ontract as (check below)
_____ an individual _____ a corporation
_____ a partnership _____ a joint venture
he undersigned is prepared to perform the follo wing work in connection with the above
ontract, as hereafter described in detail:
_______________ _____________________________________
(Date) (Name of SBE Contractor)
BY: __________________________________
EXHIBIT “C”
SMALL BUSINESS ENTERPRISE
UNAVAILABILITY FORM
RLI #______________
I, _______________________________________________________________
(Name and Title)
of ______________________________________, certify that on the _______day of
__________________, _______, I invited the following SBE CONTRACTOR(s) to bid
work items to be performed in the City of Pompano Beach:
SBE Contractor
Address Work Items Sought
Form of Bid Sought
(i.e., Unit Price,
Materials/Labor, Labor
Only, etc.)
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Said SBE CONTRACTOR(s):
___ Did not bid in response to the invitation
___ Submitted a bid that was not the low responsible bid
___ Other: ____________________________________________________
Signature: _____________________________________ Date: __________________
Note: Attach additional documents as available.
RFP H-53-10 _____Initial 23
EXHIBIT “D”
SMALL BUSINESS ENTERPRISE
GOOD FAITH EFFORT REPORT
RLI #____________________
1. What portions of the contract have you identified as SBE opportunities?
________________________________________________________________
________________________________________________________________
________________________________________________________________
2. Did you provide adequate information to identified SBE? Please comment on
how you provided this information.
________________________________________________________________
________________________________________________________________
________________________________________________________________
3. Did you send written notices to SBEs?
____ Yes ____ No
If yes, please include copy of the notice and the list of individuals who were
forwarded copies of the notices.
4. Did you advertise in local publications?
____ Yes ____ No
If yes, please attach copies of the ads , including name and dates of publication.
5. Did you contact any organizations with large constituents of SBE members for
possible sub-contractors? Please attach list of resource organizations used.
6. What type of efforts did you make to assist SBEs in contracting with you?
________________________________________________________________
________________________________________________________________
7. List the SBEs you will utilize and subcontract amount/percentage.
________________________________________________________________
RFP H-53-10 _____Initial 24
________________________________________________________________
________________________________________________________________
8. Other comments: __________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
Note: Please attach the unavailability letters with this report.
RFP H-53-10 _____Initial 25
RF
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RFP H-53-10 _____Initial 27
EXHIBIT F
LOCAL BUSINESS
LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR
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at the following price: ______________________________________________
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RLI Number_______________
O: ____________________________
(Name of Prime or General Bidder)
he undersigned City of Pompano Beach busine ss intends to perform subcontracting
ork in connection with the above contract as (check below)
_____ an individual _____ a corporation
_____ a partnership _____ a joint venture
he undersigned is prepared to perform the follo wing work in connection with the above
ontract, as hereafter described in detail:
_______________ _____________________________________
(Date) (Name of Local Business Contractor)
BY: __________________________________
EXHIBIT G
LOCAL BUSINESS
UNAVAILABILITY FORM
RLI #_________________
I,_______________________________________________________________
(Name and Title)
of_________________________________, certify that on the _______day of
__________, _____, I invited the following LOCAL BUSINESSES to bid work
items to be performed in t he City of Pompano Beach:
Business Name, Address Work Items Sought
Form of Bid Sought (i.e.,
Unit Price,
Materials/Labor, Labor
Only, etc.)
Said Local Businesses:
___ Did not bid in response to the invitation
___ Submitted a bid which was not the low responsible bid
___ Other:________________________________________
Signature: _____________________
Date: _________________________
Note: Attach additional documents as available.
RFP H-53-10 _____Initial 28
EXHIBIT H
GOOD FAITH EFFORT REPORT
LOCAL BUSINESS PARTICIPATION
RLI #__________________
1. What portions of the contract have you identified as Local Business
opportunities?
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
2. Did you provide adequate information to identified Local Businesses? Please
comment on how you provided this information.
_______________________________________________________
_______________________________________________________
_______________________________________________________
3. Did you send written notices to Local Businesses?
____ Yes ____ No
If yes, please include copy of the notice and the list of individuals who were
forwarded copies of the notices.
4. Did you advertise in local publications?
____ Yes ____ No
If yes, please attach copies of the ads , including name and dates of publication.
5. What type of efforts did you make to assist Local Businesses in contracting with
you ?
__________________________________________________________
__________________________________________________________
RFP H-53-10 _____Initial 29
7. List the Local Businesses y ou will utilize and subcontract amount.
________________________________ $_______________
________________________________ $_______________
________________________________ $_______________
8. Other comment s: ____________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
RFP H-53-10 _____Initial 30
RFP H-53-10 _____Initial 31
STATEMENT OF NO RESPONSE
If you do not intend to submit on this requirement, please complete and return this form by the
submittal deadline to the City of Pompano Beach Purchasing Division, Building C, 1190 N.E. 3 rd
Avenue, Pompano Beach, Florida 33060; this form may be faxed to (954) 786-4168. Failure to
respond, either by submitting a proposal, or by submitting a "Statement of No Response" form,
may result in your firm’s name being removed from our mailing list.
WE, the undersigned, have declined to submit on this solicitation for the following reason(s):
_______ We do not offer this product or an equivalent
_______ Our workload would not permit us to perform
_______ Insufficient time to respond to the Request for Letters of Interest
_______ Unable to meet specifications (explain below)
_______ Other (specify below)
Remarks ______________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
COMPANY NAME _____________________________________________________________
ADDRESS ____________________________________________________________________
TELEPHONE _________________________________________________________________
SIGNATURE/TITLE ____________________________________________________________
DATE ________________________________________________________________________
City of Pompano Beach, Purchasing Division
1190 N.E. 3rd Avenue, Building C
Pompano Beach, Florida, 33060
August 23, 2010
ADDENDUM #1, RFP H-53-10
TURNKEY CODE COMPLIANCE SERVICE PROGRAM
Please review the following questions submitted by potential Proposers, and answers provided
by the City Manager's Office:
Q1: What is the number of current open Code Enforcement cases?
A1: There are 1,950 cases which are still open in some fashion either as active cases, in-
active cases with liens, etc.
Q2: What software does the City or Broward County currently use for Code Compliance?
Does the City want the contractor to continue to use the same software?
A2: The Sheriff’s Office utilizes the City’s software which is SunGard Public Sector
Naviline. The Contractor can use their own system or the City’s (at their own expense).
Q3: How many public meetings/presentations do you anticipate and is Code Compliance staff
expected to attend these meetings/presentations?
A3: BSO is partnered with about 20 homeowner s/neighborhood associations that meet mainly
on a monthly basis. It depends on the needs of the community as to whether Code
attends.
Q4: How many new ordinances will be required per year?
A4: Depends on the needs of the community and/or City Commission policy changes, but an
average can be used based on the information provided in #5.
Q5: How many new ordinances, that affect code enforcement, have been passed during the
past 5 years?
A5: 140 from 2009-2005.
Q6: Does the Broward County Sheriff's Depart ment currently provide monthly reports?
Annual reports? If so, please provide the latest annual report and last 12 monthly reports.
H-53-10, Addendum #1
Page 2 of 3
A6: The Sheriff’s Office does not provide mont hly reports. The City is looking for an
experienced provider who can provide reliable and pertinent reports.
Q7: Is there a requirement for a location of office space? Does it have to be inside the City's
limits? Is space available in the City offices ? If so, what would be the lease rate?
A7: The RFP is looking for a turn key service provider who can provide their own office
space. The City prefers the location be with in the City limits. The Special Magistrate
Office is currently located on the 4th floor of City Hall and seats 1.5 employees.
Q8: How many Special Magistrate hearings are there in a year? Are these during normal
working hours, or at night and/or weekends?
A8: There are 36 Special Magistrate Hearings per year. Most of the hearings are during
normal working hours, but on a rare occasion, when the volume of cases have increased,
a case will be after 5pm.
Q9: What recordkeeping software does the City currently use to handle Special Magistrate
cases? Will the contractor be required to use this software, or have its own?
A9: The City uses Word, Naviline, and Outlook for record keeping purposes. There is no
required software to be used for this service.
Q10: Will the contractor be allowed to use the City's current computer system, or will it be
required to provide its own?
A10: Since the provider will be responsible for th eir own office space the City prefers that they
use their own hardware.
Q11: What process is required for the collection of fines?
A11: Currently, the City simply submits collection notices with additional follow up notices at
a later time if not resolved.
Q12: Does the City pay for publication of all notices?
A12: Currently, the Sheriff’s Office pays all cost s associated with Notice of Violations either
through certified mailings or posting at the properties. Additionally, the City pays
advertising costs associated with Special Magistrate Hearings.
Q13: Does the City pay for all necessary legal correspondence required?
H-53-10, Addendum #1
Page 3 of 3
A13: The City does pay for legal correspondence since it handled clerical duties with the
Special Magistrate while contrac ting with the Sheriff’s Office.
Q14: Does support for the Special Magistrate include all cases or just Code Compliance cases?
A14: All Cases.
Q15: Would the contractor have access to all electronic records (property tax, utility, etc.)?
A15: Yes.
Q16: Does the City's Prosecutor/Solicito r assist with Code Compliance cases?
A16: Only with legal issues.
The remainder of the RFP is unchanged at this time. Acknowledge receipt of this addendum in
your proposal. The deadline for receipt of sealed proposals remains 2:00 p.m. (local), August
30, 2010, in the Purchasing Office at 1190 N.E. 3 Avenue, Building C, Pompano Beach, Florida,
33060.
Very truly yours,
Leeta Hardin
General Services Director
cc: distribution list
file
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Robert A. Barcinski, Assistant City Manager
THROUGH:David T. Harden, City Manager
DATE:April 4, 2012
SUBJECT:AGENDA ITEM WS.3 - WORKSHOP MEETING OF APRIL 10, 2012
PRESENTATION ON PROPOSED CHANGES TO THE 4TH OF JULY / ON THE
AVENUE
ITEM BEFORE COMMISSION
Prior to the submittal of the Special Event Permit Application, a presentation is being made on propos ed
changes to the July 4 th / On the Avenue event, as well as the 4 th of July fireworks show for
Commission’s review and comment.
BACKGROUND
Information on the proposed changes is as follows:
On the Avenue:
Proposed changes: Move the date from the historical Thursday before the 4 th of July to
Tuesday, July 3 rd , and change the location from the Swinton to Feder al corridor on Atlantic to
beachside (see attached site map).
Reason for proposed changes: Since the 4 th of July is on a Wednesday, adding the On the
Avenue on July 3 rd would give hotels in the area the ability to sell long weekend packages,
would reduce set up time and would eliminate one st reet closure in the core area between
Swinton and Federal, as has been requested by some of the merchants in this area. Also it would
reduce costs by $9,000 for entertainment since beac hside businesses would pay these costs,
and the smaller footprint should also reduce City o vertime costs.
Impacts: The main impact would be the closure of this porti on of Atlantic and A-1-A from
approximately 4:00 p.m. on Tuesday, July 3 rd through the end of the 4 th of July event until after
10:00 p.m. Traffic off A-1-A would be detoured via Mirimar and Thomas. We woul d also have
to make arrangements to move the Café Luna Rosa val et queue.
Support: Verbal support has been given by the President of the BPOA, but she will bring it to
her board at their meeting on Thursday, April 5, 20 12. We will have information on the outcome
at your meeting. We have also received support from many businesses in the area. Attached is a
petition, as well as individual emails of support.
4 th of July Fireworks Show:
Proposed changes: Shoot the fireworks from the locations north and s outh of Atlantic Avenue
on the beach, angled towards the ocean using the ty pe of fireworks used for First Night. See
attached maps and Delray Beach Marketing Cooperativ e July 4 th fireworks display from the
Beach Summary.
Reasons for Change: This change would eliminate problems like we encou ntered last year in
securing a tug and barge, plus reduce costs.
Impacts: Would require different type of set up and securit y on the beach, keeping a 50 ’
radius during fireworks setup, and a safety zone of 300' in all directions at each launch location
during the display which exceeds NFPA standards by a 90' radius. Smaller size shells would be
used for the show. This will create some new logist ics planning.
Cost Savings:
Tug and Barge ($25,000) minim um
Docking Fees ($ 8,500) mini mum
Entertainment ($ 6,000)
($39,500)
Increased Costs:
Max for increased security
and rental costs $10,000
Net Savings $29,500
Support: Staff and businesses support this change, however, we still need clearance from the
state DEP for approval. Sarah will be meeting with Mark Taynton from DEP on April 12, 2012.