08-10-04 Agenda Spec/WS CITY COMMISSION
CITY OF DELRAY BEACH. FLORIDA
SPECIAL/WORKSHOP - TUESDAY. AUGUST 10. 2004
6:00 P.M. FIRST FLOOR CONFERENCE ROOM
DELRAY BEACH
1993
2001
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
Randolph at 243-7127, 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.
SPECL4.L MEETING AGENDA
Pursuant to Section 3.12 of the Charter of the City of Delray Beach, Mayor Jeff Perlman has instructed me to announce a
Special Meeting of the City Commission to be held for the following purposes:
CONTRACT AWARD: Contract award to PGAL, Inc. in the amount of $86,160.00 for professional consulting services
for prelLminary planning activities for the proposed Old School Square Cultural Arts Center Parking Garage Project.
Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Parks & Recreation/Old School Square).
~004-2005 FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES BLOCK GRANT FOR
PREVENTION AND TREATMENT OF SUBSTANCE ABUSE FUNDING
AGREEMENT/SUBCONTRACT WITH COMMUNITY CHILD CARE CENTER: Consider approval of an
agreement between the City and the Florida Department of Children and Families and approve a subcontract agreement
with the Community Child Care Center in the amount of $162,637.00 for the provision of substance abuse prevention
services.
CHANGE ORDER NO. 1/CONTRACT ADDITION/THE _IONES COMPANY OF SOUTH FLORIDA:
Approve Change Order No. 1 (Contract Addition) in the amount of $29,768.55 to The Jones Company of South Florida
for the relocation of a portion of an existing water main which conflicts with the installation of the proposed drainage
system at the N.W. 18th Avenue site. Funding is available from 442-5178-536-63.50 (Water/Sewer Renewal &
Replacement/Water Mares) and 448-5470-538-65.44 (Stormwater Utility Fund/N.E.-N.W. Area/Lake Ida to Atlantic
Avenue).
FUNDING REOUEST/ROOTS CULTURAL FESTIVAL. INC.: Consider approval of a request from Ms.
Elizabeth Wesley to fund certain expense items for the 27~h Annual Roots Cultural Festival, Inc. for their event to be held
August 6-8, 2004. Funding is available from 001-6311-572-83.01 (General Fund/Other Grants/Aid).
WORICSHOP AGENDA
1. Old School Square Presentation -Joe Gillie
2. Proposed revisions to the event policies & procedures
3. Discussion regarding Public Information Strategy
4. Provide direction regarding the Bexley Park Proposal
5. Discussion regarding proposed budget for FY 2005
6. Commission Comments
Please be advised that if a person decides to appeal any decision made by the City Comrmssion 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:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # ~{), ~- - SPECIAL MEETING OF AUGUST 10. 2004
CONTRACT AWARD/PGAL. INC./OLD SCHOOL SOUARE PARKING
GARAGE
AUGUST 6, 2004
This is before the City Commission to approve a contract award to PGAL, Inc. in the amount of
$86,160.00 for professional consulting services for preliminary planning activities for the proposed
Old School Square Cultural Arts Center Parking Garage Project.
Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Parks & Recreation/Old School
Square).
Recommend approval of a contract award to PGAL, Inc. in the amount of $86,160.00 for
professional consulting services for preliminary planning activities for the proposed Old School
Square Cultural Arts Center Parking Garage Project.
S:\City Clerk\agenda memo~\Contract Awa~d. PGALOSS Pa~king Garage.08.10.04
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
David T. Harden, City Manager
Richard C. Hasko, P.E., Environmental Services Directo~ ~'fl~
OLD SCHOOL SQUARE PARKING GARAGE
www. mydelraybeach, com
DATE: August 6, 2004
Attached is a contract proposal from PGAL, Inc. for provision of professional consulting services
involved with preliminary planning activities for a proposed parking garage at the Old School Square
Cultural Arts Center. PGAL, Inc., partnered with Eliopoulos & Associates, was ranked number one
by the City's Review Committee which evaluated respondents to the City's Request For
Qualifications for the Old School Square Parking Garage.
The scope of services for this phase of the project includes the development of up to three alternative
plans for a maximum 48 foot high parking structure for approximately 570 cars and incorporation of
between 7,000 and 10,000 square feet of retail space on street frontage along N.E. 2nd Avenue and
N.E. 1st Street. Activities involved with this effort will include assembly and evaluation of all prior
work performed for the Old School Square Board of Directors concerning this phase of development
of the overall Cultural Center Master Plan; review and verification of facility capacity requirements;
multiple meetings with all stakeholders to identify operational and aesthetic requirements and achieve
a consensus regarding project parameters; preparation of alternative site plans for stakeholder review,
discussion and refinement to a final site proposal and preparation of a construction budget estimate
for that proposal. Time of performance for this scope is four months.
The total fee for the basic scope of services is $ 86,160. Supplementary services and associated fees
for proceeding with preliminary facility design are listed as Optional Tasks. These services are
shown for budget purposes and are not included in the basic scope fee. Performance of any of the
Optional Services will require additional Commission Approval.
Funding for this contract is available in account #380-4150-572-63.29. Please place this item on the
August 10th Special Agenda for consideration by City Commission.
Cc'
Bob Barcinski, Asst. City Manager
2004-044 Project File
AGREEMENT FOR GENERAL CONSULTING SERVICES
THIS AGREEMENT, made and entered into this day of
, 20 , by and between the CITY of Delray Beach,
Florida, hereinafter referred to as "CITY", and PGAL, Inc.
hereinafter referred to as "CONSULTANT".
WITNESSETH:
WHEREAS, the CITY has provided notice of the desired
professional services and carried out the proper selection process
pursuant to and in accordance with the Consultant's Competitive
Negotiation Act; and,
WHEREAS, the CITY represents that it is a Florida
municipal corporation with the authority to engage the CONSULTANT
and accept the obligation for payment for the services desired;
and,
WHEREAS, the CITY desires to engage the CONSULTANT to
perform certain professional services pertinent to such work in
accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS to
be issued at the time of or subsequent to execution of this
AGREEMENT; and
WHEREAS, this AGREEMENT does not entitle the CONSULTANT
to any fees for any particular project without first receiving a
Service Authorization; and
WHEREAS, the
professional services in
AUTHORIZATIONS.
CONSULTANT desires to provide such
accordance with this AGREEMENT and SERVICE
NOW, THEREFORE, in consideration of the premises and the
mutual benefits which will accrue to the parties hereto in carrying
out the terms of this AGREEMENT, it is mutually understood and
agreed as follows:
I. DEFINITIONS; GENERAL CONDITIONS
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THE SCOPE OF WORK is to be implemented in phases as set
forth by this Agreement and by SERVICE AUTHORIZATIONS,
which are attached hereto and made a part hereof, and as
also may be added as approved by the City from time to
time.
A SERVICE AUTHORIZATION is a form to be used to authorize
work, projects, and services. The form shall be executed
by the CITY'S and CONSULTANT'S representatives. A CITY
purchase order number shall be identified on the form.
The purchase order authorization is established in the
CITY Code of Ordinances with provisions for expenditure
levels of approval authorizations. A sample form of the
service authorization is attached as Exhibit "A" to this
AGREEMENT. The projects, work, and services to be
performed by the CONSULTANT, and time for completion of
the particular phase of the work by CONSULTANT, shall be
authorized by a SERVICE AUTHORIZATION. The SERVICE
AUTHORIZATION shall include the scope of work to be
performed; the budget cost, complete with an itemization
of man-hours, wage rates, reimbursable expenses, and
other related costs; schedule for completion and name of
project manager. The SERVICE AUTHORIZATION shall be
signed by the CITY and the CONSULTANT'S authorized repre-
sentative. A CITY purchase order shall be issued with
authorization identifying funds and amount of
expenditures. The terms of this AGREEMENT supersede the
terms stated on the purchase order.
PHASES: A phased approach may be utilized. The City and
the Consultant shall have the right to negotiate the
terms of each phase as contained within each service
authorization, and to reject any service authorization,
if the parties cannot agree to the terms of the service
authorization. In the event the parties cannot agree,
the city may select the next ranked proposer or go out
for additional proposals in order to complete the
subsequent phase(s)~of the project. This phased approach
shall not waive the City's right to terminate the Consul-
tant's contract during any phase of the project.
II. GENERAL DUTIES OF CONSULTANT
The relationship of the CONSULTANT to the CITY will be
that of a professional CONSULTANT, and the CONSULTANT
will provide the professional and technical services
required under this AGREEMENT in accordance with
acceptable professional practices and ethical standards.
No employer/employee relationships shall be deemed to be
established and the CONSULTANT, its agents,
subcontractors, and employees shall be independent
contractors at all times.
Professional and Technical Services. It shall be the
responsibility of the CONSULTANT to work with the CITY
and apprise it of solutions to problems and the approach
or technique to be used towards accomplish- ment of the
CITY'S objectives as set forth in SERVICE AUTHORIZATIONS,
which will be made a part of this AGREEMENT upon
execution by both parties.
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The scope of services to be provided shall be covered in
detail in SERVICE AUTHORIZATIONS.
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The City has established a budget for each project
awarded to CONSULTANT. The CONSULTANT shall be responsi-
ble for providing, at no additional cost to the City, new
designs, drawings, specifications, reports and other
applicable services if the budget for the entire project
is exceeded during and up to completion of the design
phase of the project; however, nothing contained herein
shall require the CONSULTANT to bear additional costs if
the additional costs are a result of a change in the
scope of services directed by the City.
The CONSULTANT shall be responsible for the professional
quality, technical accuracy, timely completion,
compliance with regulations and rules, and the
coordination with all appropriate agencies of all
designs, drawings, specifications, reports and other
services furnished by the CONSULTANT under this
AGREEMENT. If the CITY determines there are any errors,
omissions or other deficiencies in the CONSULTANT'S
designs, drawings, specifications, reports and other
services, the CONSULTANT shall, without additional
compensation, correct or revise said errors or omissions
to the satisfaction of the CITY.
Approval by the CITY of drawings, designs, specifica-
tions, reports and incidental professional services or
materials furnished hereunder shall not in any way
relieve the CONSULTANT of responsibility for the
technical adequacy of its work. The CITY'S review,
approval or acceptance of, or payment for, any of the
services shall not be construed to operate as a waiver of
any rights under this AGREEMENT or of any cause of action
arising out of the performance of this AGREEMENT.
The CONSULTANT and its subconsultants shall have no
responsibility for the discovery, presence, handling or
removal or disposal of or exposure of persons to
hazardous materials in any form existing prior to
construction at the project site, including but not
limited to asbestos, asbestos products, polychlorinated
biphenyl (PCB) or any other toxic substances.
The CONSULTANT designates Ian A. Nestler, as its
representative to act as liaison with the CITY. The
representative shall manage and coordinate CITY projects
and is hereby authorized to act on behalf of the
CONSULTANT to negotiate and approve SERVICE
AUTHORIZATIONS and act on any other related matter with
respect to performance of services for the CITY in
accordance with the AGREEMENT. Any change to name
another person shall be requested in writing to the CITY,
and shall be approved by the City.
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CONSULTANT shall attend all meetings, as specified or as
defined in each SERVICE AUTHORIZATION of the City
Commission or any City approval Board, where the project
is discussed, unless the City's representative declares
such attendance and participation is not necessary. In
addition, the CONSULTANT shall attend all additional
meetings as may be required to facilitate the project.
III. DUTIES OF CONSULTANT:
The following Duties of CONSULTANT are separated into phases
of the project, which if approved via SERVICE AUTHORIZATIONS
shall be performed by the CONSULTANT. The City may require
SERVICE AUTHORIZATIONS, which contain additional requirements
applicable to the project. The City must authorize through
service authorizations, the commencement of each phase of the
work.
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Phase I - Study and Report Phase.
If the Study and Report Phase
following requirements shall apply.
is authorized, the
1. The CONSULTANT shall consult with the CITY to
clarify and-define the CITY'S requirements for the
Project and review available data.
2. The CONSULTANT shall advise the CITY as to the
necessity of the CITY'S providing or obtaining from
others, data or services.
3. The CONSULTANT shall identify and analyze permit and
approval requirements of all governmental
authorities having jurisdiction to approve either
the design of the Project and participate in
consultations with such authorities.
4. The CONSULTANT shall provide analyses of the CITY'S
needs, planning surveys, site evaluations and
comparative studies of prospective sites and
solutions.
The CONSULTANT shall provide a general economic
analysis of Owner's requirements applicable to
various alternatives.
The CONSULTANT shall prepare a Report containing
schematic layouts, sketches and conceptual design
criteria with appropriate exhibits to indicate
clearly the considerations involved (including
applicable requirements of governmental authorities
having jurisdiction as aforesaid) and the
alternative solutions available to the CITY and
setting forth CONSULTANT'S findings and
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recommendations. This Report will be accompanied by
CONSULTANT'S pre-design estimate of probable costs
for the Project, including, but not limited to the
following, which will be separately itemized:
Construction Cost, allowance for engineering costs
and contingencies allowances for such other items,
such as charges of all other professionals and
consultants, for the cost of land and rights-of-way,
for compensation for or damages to properties, and
for permit, review and/or approval fees by other
governmental agencies, if required. The CONSULTANT
shall also provide a preliminary evaluation of the
City's Project Schedule. The City's Project
Schedule and probable construction costs shall be
evaluated and updated throughout subsequent phases
of the work.
The CONSULTANT shall furnish the number of copies of
the Study and Report documents as provided in the
SERVICE AUTHORIZATION and review them with the CITY.
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3.
4.
5.
6.
7.
the
Phase II - Preliminary Design Phase.
If the Preliminary Design Phase is authorized,
following requirements will apply:
1. The CONSULTANT, in consultation with the CITY shall
determine the general scope, extent and character of
the Project.
Prepare Preliminary Design documents consisting of
final design criteria, preliminary drawings, outline
specifications and written descriptions of the
Project.
Advise the CITY if additional data or services are
necessary and assist the CITY in obtaining such data
and services.
Furnish the specified number of copies of the above
Preliminary Design documents as contained within the
SERVICE AUTHORIZATION and present and review them
with the CITY.
The CONSULTANT shall submit to the CITY a preliminary
estimate of construction costs based on current area,
volume or other unit costs, which shall be updated
throughout he design development phase.
The CONSULTANT shall prepare a development schedule,
which shall include, but shall not be limited to, the
review and approval times by all governmental
agencies as may be required.
The CONSULTANT shall make available all design
calculations and associated Data, and participate in
meetings in which Value Engineering Analysis of the
project takes place, at such times and places as
shall be determined by the CITY.
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Phase III. Final Design Phase.
If the Final Design Phase is authorized, the
following requirements shall apply:
1. The CONSULTANT shall prepare construction documents
which shall include but not be limited to drawings and
technical specifications, general and supplementary
conditions, bid forms, invitations to bid, instructions
to bidders, with technical criteria, descriptions and
design data necessary for permitting by governmental
authorities, and shall include any further adjustments
in the scope or quality of the project or in the
construction budget authorized by the City.
2. The CONSULTANT shall, in the preparation of construction
documents, technical criteria, written descriptions and
design data, take into account all currently prevailing
codes and regulations governing construction in the City
of Delray Beach, Florida, and shall meet the
requirements of all other agencies or governmental
authorities having jurisdiction over the project.
3. The CONSULTANT shall prepare a detailed opinion of
probable cost 'in accordance with paragraph I.C, which
shall be reviewed by the CITY prior to going out for
bids.
4. The CONSULTANT shall provide the required documents and
attend meetings as necessary, for the approval of
governmental boards, agencies or authorities having
jurisdiction over the project.
5. The CONSULTANT shall use bid documents provided by the
CITY including bidding forms, conditions of the
contract, and form of AGREEMENT between the CITY and
CONTRACTOR.
6. The CONSULTANT shall prepare all documents including
design and plan revisions required for the approval of
governmental authorities having jurisdiction over the
project. Said approvals are required prior to the
public notice for the Invitation to Bid and submission
of applications, therefore are the responsibility of the
CONSULTANT.
7. The CONSULTANT shall provide the CITY the number of
copies of contract documents as specified in the.service
authorization.
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Phase IV - Bidding/Negotiation Phase.
If the bidding phase is authorized,
requirements shall apply:
1. The CONSULTANT shall assist the CITY in
the following
obtaining the
bids or negotiated proposals, assist in awarding and
preparing contracts for construction, attend pre-bid
conferences, prepare addenda, provide written
recommendation of award, assist in the
compilation/preparation of contract documents, and after
the award assist the CITY in securing the required bonds
and certificates of insurance, and in the review of the
contract documents for completeness.
2. The CONSULTANT shall attend the bid opening, prepare bid
tabulation sheets and assist the CITY in evaluating Bids
or proposals and in assembling and awarding contracts
for construction, materials, equipment and services.
3. The CONSULTANT shall issue addenda as appropriate to
interpret, clarify or expand the Bidding Documents.
4. The CONSULTANT shall consult with and advise the CITY as
to the acceptability of subcontractors, suppliers and
other persons and organizations proposed by the prime
contractor(s) (herein called CONTRACTOR(S) for those
portions of the work as to which such acceptability is
required by the Bidding Documents.
5. Consult with the CITY concerning and determine the
acceptability of substitute materials and equipment
prior to the award of contracts is allowed by the
Bidding Documents.
Phase V - Construction Phase.
If Contract Administration is
requirements shall apply:
authorized, the following
1. The CONSULTANT shall provide administration of the
contract for construction as set forth herein and as
contained within the general conditions of the contract
for construction.
2. The CONSULTANT shall be a representative of and shall
advise and consult with the CITY during construction and
until final payment to the contractor is due. The
CONSULTANT shall have authority to act on behalf of the
CITY only to the extent provided in this AGREEMENT and
as provided in the contract for construction unless
otherwise modified by written instrument.
3. The CONSULTANT shall visit the site at regular intervals
appropriate to the stage of construction or as otherwise
agreed to by the CITY and the CONSULTANT, in writing, to
become generally familiar with the progress and quality
of the work completed and shall determine in general if
the work is being performed in a manner indicating that
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the work when completed will be in accordance with the
contract documents. The CONSULTANT shall be required to
make on-site observations to review the work. The
CONSULTANT shall keep the CITY informed of the progress
and quality of the work and shall provide certification
to the CITY of satisfactory completion of all phases of
the work in compliance with the plans, specifications
thereto.
4. The CONSULTANT shall not have control over or charge of
and shall not be responsible for construction means,
methods, techniques, sequences or procedures of
construction or for safety precautions and programs in
connection with the work, since these are solely the
CONTRACTOR'S responsibility under the contract for
construction. The CONSULTANT shall make every
reasonable effort to ensure that the CONTRACTOR
completes the work in accordance with the current
approved schedule and carries out the work in accordance
with the Contract documents.
5. The CONSULTANT based on observations and evaluations of
CONTRACTOR'S applications for payment shall review and
certify the amounts due the CONTRACTOR.
6. The CONSULTANT'S certification for payment shall
constitute a representation to the CITY, based on the
CONSULTANT'S observations at the site as provided herein
and on the data comprising the CONTRACTOR'S application
for payment, that the work has progressed to the point
indicated and that, to the best of the CONSULTANT'S
knowledge, information, and belief, the quality and
quantity of the work is the accordance with the contract
documents. The foregoing representations are subject to
an evaluation of the work for conformance with the
contract documents upon substantial completion, to
results of subsequent tests and inspections, to minor
deviations from the contract documents, correctable
prior to completion and to specific qualifications
expressed by the CONSULTANT. The issuance of the
certificate of payment shall further constitute a
representation that the CONSULTANT has made observations
to review the quality or quantity of the work.
7. The CONSULTANT shall recommend disapproval or rejection
of CONTRACTOR'S work to the CITY, which does not conform
to the contract documents. The CONSULTANT will have
authority to require additional inspection or testing of
the work in accordance with the provisions of the
contract documents, whether or not work is fabricated,
installed or completed.
8. The CONSULTANT shall review and approve or take other
appropriate action upon CONTRACTOR'S submittals, such as
shop drawings, product data, and samples for the purpose
of checking for conformance with information given and
the design concept expressed in the contract documents.
The CONSULTANT shall evaluate and determine the
acceptability of substitute materials and equipment
proposed by CONTRACTORS.
9. The CONSULTANT shall prepare change orders and
construction change directives with supporting
documentation and data if deemed necessary bye the
CONSULTANT, for the CITY'S approval and execution in
accordance with the contract documents, and may
authorized minor changes in the work not involving an
adjustment in the contract time, which is consistent
with the intent of the contract documents.
10.The CONSULTANT shall conduct inspections to determine
the date or dates of substantial completion and the date
of final completion, shall receive and forward to the
CITY for the CITY'S review and records, written
warranties and related documents required by the
contract documents and assembled by the CONTRACTOR and
shall issue a final certificate for payment upon
compliance with the requirements of the contract
documents.
11. The CONSULTANT shall interpret matters concerning
performance of the CITY and CONTRACTOR under the
requirements of the contract documents on written
request of either the CITY or CONTRACTOR. The
CONSULTANT'S response to such requests shall be made
with reasonable promptness and within any time limits
agreed upon.
12. Interpretations of the CONSULTANT shall be consistent
with the intent of and reasonably inferable from the
contract documents and shall be in writing or in the
form of drawings. When making such interpretations, the
CONSULTANT shall endeavor to secure faithful
performance by both the CITY and the CONTRACTOR.
13.The CITY shall be the final arbiter on matters relating
to aesthetics.
14.The CONSULTANT shall render written interpretations
within a reasonable time on all internal disputes
between the CITY and CONTRACTOR relating to the
execution of the progress of the work as provided in the
contract documents.
15.The CONSULTANT"S interpretations on internal disputes
are not binding on the CITY and CONTRACTOR relating to
the execution of the progress of the work as provided in
the contract documents.
16. The CONSULTANT shall provide the number of sets of the
construction documents to the CONTRACTOR as specified in
the SERVICE AUTHORIZATION.
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17. Upon completion of construction the CONSULTANT shall
provide to the CITY, three sets of record drawings,
signed and sealed, plus one set of mylars incorporating
as built conditions and other data furnished by
contractor(s) to CONSULTANT.
18. In company with the City, the CONSULTANT shall visit the
Project to observe any apparent defects In the completed
construction, assist the CITY in consultations and
discussions with CONTRACTOR(S) concerning correction of
such deficiencies, and make recommendations as to
replacement or correction of defection work.
F. Phase VI - Resident Project Representative Services Phase
If the Resident Project Representative Services Phase is authorized
the following requirements shall apply:
A. A Resident Project Representative will be assigned to assist
CONSULTANT in carrying out his responsibilities to CITY at the
site. Resident Project Representative is CONSULTANT'S agent
at site, will act as directed by and under the supervision of
CONSULTANT, and will confer with CONSULTANT regarding Resident
Representative's actions. Resident Representative's dealing
in matters pertaining to the on-site work shall in general be
with CONSULTANT and CONTRACTOR keeping the CITY advised as
necessary. Resident Project Representative's dealings with
subcontractors shall only be through or with the full
knowledge and approval of CONTRACTOR. Resident Project
Representative shall generally communicate with the CITY with
the knowledge of and under the direction of CONSULTANT.
B. Resident Project Representative shall where applicable:
1. Review the progress schedule, schedule of Shop Drawing
submittals and schedule of values prepared by CONTRACTOR and
consult with CONSULTANT concerning its general
acceptability.
2. Attend meetings with CONTRACTOR, such as preconstruction
conferences, progress meetings, job conferences and other
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project-related meetings, and
of minutes thereof.
Working principally through
assist CONSULTANT in serving
CONTRACTOR, when CONTRACTOR'S
on-site operations.
prepare and circulate copies
CONTRACTOR'S superintendent,
as the City's liaison with
operations affect the CITY'S
4. Assist in obtaining from the CITY additional details or
information, when required for proper execution of the Work.
5. Record date of receipt of Shop Drawings and samples.
6. Receive samples, which are furnished at the site by
CONTRACTOR, and notify the CONSULTANT of availability of
samples for examination.
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7. Advise the CONSULTANT and
any Work requiring a Shop
been approved by the CONSULTANT.
8. Conduct on-site observations of the
assist the CONSULTANT in determining
general, proceeding in accordance
Documents.
CONTRACTOR of the commencement of
Drawing, if the submittal has not
Work in progress to
if the Work is, in
with the Contract
9. Report to the CONSULTANT whenever Residential Project
Representative believes that any Work is unsatisfactory,
faulty or defective or does not conform to the Contract
Documents; or has been damaged, or does not meet the
requirements of any inspection, test or approval required to
be made. Advise the CONSULTANT of Work that Resident Project
Representative believes should be uncovered for observation,
or requires special testing, inspection or approval.
Nothing herein shall relieve the CONTRACTOR or the
CONSULTANT from the duties imposed by the contract.
10. Verify that tests, equipment and systems startups, and
operating and maintenance training are conducted in the
presence of appropriate personnel, and that CONTRACTOR
maintains adequate records thereof; and observe, record and
report to the CONSULTANT appropriate details relative to the
test procedures and startups.
11. Accompany visiting inspectors representing public or other
agencies having jurisdiction over the Project, record the
results of these inspections and report to the CONSULTANT.
12. Report to CONSULTANT when clarifications and
interpretations of the Contract Documents are needed and
transmit to CONTRACTOR clarifications and interpretations as
issued by the CONSULTANT.
13. Consider and evaluate CONTRACTOR'S suggestions for
modifications in Drawings or Specifications and report with
Resident Project Representative's recommendations to the
CONSULTANT. Transmit to CONTRACTOR decisions as issued by
the CONSULTANT.
14. Maintain at the
reports of job
reproductions of
Work Directive
job site orderly files for correspondence,
conferences, Shop Drawings and samples,
original Contract Documents, including all
Changes, Addenda, Change Orders, Field
Orders, additional Drawings issued subsequent to the
execution of the Contract, CONSULTANT'S clarifications and
interpretations of the Contract Documents, progress reports,
and other Project related documents
15. Keep a diary or log book, recording CONTRACTOR hours on
the job site, weather conditions, data relative to questions
of Work Directive Changes, Change Orders or changed
conditions, list of job site visitors, daily activities,
decisions, observations in general, and specific
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observations in more detail as in the case of observing test
procedures; and send copies to the CONSULTANT.
16. Record all names, addresses and telephone numbers of the
CONTRACTOR, all subcontractors and major suppliers of
material and equipment.
17. Furnish the CONSULTANT periodic reports as required of
progress of the Work of the CONTRACTOR'S compliance with the
progress schedule and schedule of Shop Drawing and sample
submittals.
18. Consult with the CONSULTANT in advance of schedule major
tests, inspections or start of important phases of the Work.
19. Draft proposed Change Orders and Work Directive Changes,
obtaining backup materials from CONTRACTOR and recommend to
the CONSULTANT, Change Orders, Work Directive Changes, and
Field Orders.
20. Report immediately to the CONSULTANT and the CITY upon the
occurrence of any accident.
21. Review applications for payment with CONTRACTOR for
compliance with the established procedure for their
submission and forward with recommendations to the
CONSULTANT noting particularly the relationship of the
payment requested to the schedule of values, Work completed
and materials and ~uipment delivered at the site, but not
incorporated in the Work.
22. During the course of the work, verify that certificates,
maintenance and operation manuals and other data required to
be assembled and furnished by CONTRACTOR are applicable to
the items actually installed and in accordance with the
Contract Documents, and have this material delivered to the
CONSULTANT for review and forwarding to CITY prior to final
payment for the Work.
23. Before the CONSULTANT issues a Certificate of Substantial
Completion, submit to CONTRACTOR a list of observed items
requiring completion or correction.
24. Conduct final inspection in the company of the CONSULTANT,
the CITY and the CONTRACTOR and prepare a final list of
items to be completed or corrected.
25. Observe that all items on final list have been completed
or corrected and make recommendations to the CONSULTANT
concerning acceptance.
C. The Resident Project Representative shall not:
1. Authorize any deviation from the Contract Documents or
substitution of materials or equipment.
2. Exceed limitations of the CONSULTANT'S authority as set
forth in the Contract Documents.
12
3. Undertake any of the responsibilities of CONTRACTOR,
subcontractors, or CONTRACTOR'S superintendent.
4. Advise on, issue directions regarding or assume control
over any aspect of the means, methods, techniques,
sequences or procedures of construction unless such advice
or directions are specifically required by the Contract
Documents.
5. Advise on, issue directions regarding or assume control
over safety precautions and programs in connection with the
Work.
6. Accept Shop Drawing or sample submittals, from anyone other
than CONTRACTOR.
7. Authorize the CITY to occupy the Project in whole or in
part.
8. Participate in specialized field or laboratory tests or
inspections conducted by others except as specifically
authorized by the CONSULTANT.
IV.
DATA AND SERVICES TO BE PROVIDED BY THE CITY
The CITY shall provide the following:
Furnish or cause to be furnished such reports,
studies, instruments, documents, and other
information as the CONSULTANT and CITY mutually deem
necessary and which are under control of the CITY.
Other data and services to be agreed upon in
subsequent SERVICE AUTHORIZATIONS.
Pay for all legal advertisements incidental to
obtaining bids or proposals from contractors.
The CITY Manager or his designee shall act as the
CITY'S representative with respect to the work to be
performed under this AGREEMENT. The CITY Manager or
his designee shall have the authority to the extent
authorized by the CITY Charter and Code of
Ordinances to exercise the rights and responsi-
bilities of the CITY provided in this contract.
Said authority may include but is not limited to:
transmit instructions, stop work, receive
information, interpret CITY'S policies and decisions
with respect'to materials, equipment, elements, and
systems pertinent to the services covered by this
AGREEMENT.
E. Pay all permit application filing fees.
13
F. Provide access to CITY facilities.
TIME OF PERFORMANCE
The CONSULTANT will begin work promptly after issuance of
a Notice to Proceed.
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The CONSULTANT'S services called for under the AGREEMENT
shall be completed in accordance with the schedule
contained in each SERVICE AUTHORIZATION. If the
CONSULTANT'S services are unreasonably delayed by the
CITY in excess of 180 days, the time of performance and
compensation shall be renegotiated, provided; however,
the CONSULTANT as a condition precedent to renegotiations
shall notify the City within fifteen (15) calendar days
at the end of the delay of CONSULTANT'S proposed
additional costs incurred by reason of said delay.
VI. AGREEMENT PERIOD
VII.
The period of service is from the date of execution of this
AGREEMENT until such time as all outstanding SERVICE
AUTHORIZATIONS, if any, that have been issued are completed.
Each Service Authorization shall delineate a time for
completion of the service to be rendered.
COMPENSATION
The CITY will compensate the CONSULTANT for the services
performed on each SERVICE AUTHORIZATION in accordance
with a negotiated lump sum, or a not to exceed budgeted
amount based on time charges which are based upon hourly
rates, plus reimbursable expenses if compensation is
based on Method II and other related costs as are
specified in the SERVICE AUTHORIZATION.
1. METHOD 1 - LUMP SUM
Lump Sum Araount. Wherever possible, the scope of
services for Services, Projects or Programs shall be
thoroughly defined and outlined prior to its author-
ization. The CITY and CONSULTANT shall mutually
agree to a lump sum amount for services to be
rendered and a detailed scope of services. Should
the CITY deem that a change in the scope of services
is appropriate, then a decrease or increase in
compensation shall be authorized in writing. In
lump sum contracts, the CONSULTANT shall submit the
estimated man-hours, wage rates and other actual
unit costs supporting the compensation. The
CONSULTANT shall submit a truth in negotiation
certificate stating that all data supporting the
14
compensation is accurate, complete and current at
the time of contracting.
METHOD II - ~IMES CHARGES/ NOT TO EXCEED BUDGETED
AMOUNT
Computation of Time Charges/Not to Exceed Amount.
When a service is to be compensated for on a time
charge/not to exceed basis, the CONSULTANT will
submit a not to exceed budget cost to the CITY for
prior approval based on actual time charges which
shall not exceed established hourly rates as shown
in Exhibit B attached hereto, plus reimbursable
expenses and other related costs. The CITY shall
not be obligated to reimburse the CONSULTANT for
costs incurred in excess of the not to exceed cost
amount.
so
The CITY agrees to pay the CONSULTANT compensa-
tion for services rendered based upon the
established raw hourly salary rates as shown in
Exhibit B for services rendered on CITY
projects multiplied by an overhead factor not
to exceed 3.0, which includes profit not to
exceed ten percent (10%) and may be subject to
audit. The schedule of hourly rates as set
forth in Exhibit B is attached hereto and made
a part hereof. The rates listed in Exhibit 'B'
may be adjusted upon written AGREEMENT of both
parties, however the adjustment may not exceed
more than five percent (5%) within any twelve
(12) month period. A newly revised Exhibit 'B'
must be submitted for approval.
In addition, the CITY shall pay for reim-
bursable expenses invoiced at the actual cost
of expenditures incurred by the CONSULTANT if
provided in the SERVICE AUTHORIZATION as
follows:
(1)
Actual expense of transportation and
lodging in accordance with CITY
policy in effect at the time of
travel when traveling in connection
with each SERVICE AUTHORIZATION,
express courier charges, and permit
fees paid for securing approval of
authorities having jurisdiction over
the project.
(2)
Actual expense of reproductions, of
Drawings and Specifications including
duplicate sets of the completion of
15
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VIII.
each SERVICE AUTHORIZATION for the
CITY'S review and approval.
(3)
Actual expenses of testing,
laboratory services, and field
equipment.
(4)
Actual expense of overtime work
requiring higher than regular rates,
when authorized by the CITY.
(5)
Actual expense of Auto Travel at the
established CITY rate per mile for
travel outside Palm Beach County.
Subcontractual service shall be invoiced at the actual
fees paid by the CONSULTANT, plus an additional ten
percent (10%) of the cost of these services to compensate
CONSULTANT, for the procuring and management of the sub-
consultant, and for the other financial and
administrative costs. Subcontractual services shall be
approved by the CITY in writing prior to performance of
the subcontractual work.
Total Compensation (including, but not limited to
compensation fo~--$ub-consultants) for all services and
expenses shali not exceed the budget cost listed upon
each SERVICE AUTHORIZATION, without written approval.
If the CITY determines that any price for services,
however calculated provided by the CONSULTANT, including
profit, negotiated in connection with this AGREEMENT or
any cost reimbursable under this AGREEMENT was increased
by any significant sums because the CONSULTANT or any
subcontractor furnished incomplete or inaccurate costs or
pricing data, then such price or cost or profit shall be
reduced accordingly and the SERVICE AUTHORIZATION shall
be reduced accordingly and the SERVICE AUTHORIZATION
shall be modified in writing to reflect such reduction.
PAYMENT
The CITY agrees that it will use its best effort to pay the
CONSULTANT within thirty (30) calendar days from presentation
of the CONSULTANT'S itemized report and invoice and approval
of the CITY'S representative, unless additional time for
processing is required for payments for basic services,
subcontractual services, and reimbursable expenses as defined
in Section VII. The CONSULTANT shall submit monthly invoices,
as required in the SERVICE AUTHORIZATION, which shall include
a report of work completed during the respective invoice
period. Invoices shall be in a format consistent with those
shown in Exhibit C. The report shall be adequate in detail to
16
describe work progress (% complete for each task) and written
summaries of work completed. No payment request shall exceed
the value of work and services performed by the CONSULTANT
under the SERVICE AUTHORIZATION.
IX. MISCELLANEOUS PROVISIONS
A. Ownership Documents:
Ail reproducible mylar drawings and CADD disks in a
format compatible with CITY'S Computer system shall be
given to the CITY. Details, design calculations, and all
other documents and plans that result from the
CONSULTANT'S SERVICES under this AGREEMENT shall become
and remain the property of the CITY, including copyright
rights, whether the project is completed or not, and will
be delivered to the CITY upon demand. CONSULTANT
reserves the right to retain a copy of all such documents
for record purposes. Where such documents are required
to be filed with governmental agencies, the CONSULTANT
will furnish copies to the CITY upon request. The con-
tract work is represented by hard copy documentation;
software, is provided to the CITY for convenience only.
B. Copies of Documents:
The CONSULTANT shall ~repare sufficient copies of all
documents necessary to ~btain approval through the City's
processes, as well as iother governmental authorities..
The CITY acknowledges~ that the materials cited in
Paragraph IX A. and other data provided in connection
with this Agreement which are provided by the CONSULTANT
are not intended for use in connection with any project
other than the project for which such materials are
prepared. Any use by the CITY of such materials in
connection with a project other than that for which such
materials were preparediwithout prior written consent and
adaptation by the CONSULTANT shall be at the CITY'S sole
risk, and the CONSULTANT shall have no responsibility or
liability therefore.
Insurance: any! of the other obligations
Without limiting
or
liabilities of the CONSULTANT, the CONSULTANT shall,
at
his own expense, provide and maintain in force, until all
of its services to be performed under this AGREEMENT have
been completed and accepted by the CITY (or for such
duration as it otherwise specified hereinafter), the
following insurance coverages:
Worker's Compensation Insurance to apply to all of
the CONSULTANT'S employees in compliance with the
"Worker's Compensation Law" of the State of Florida
and all applicable Federal Laws.
ao
Employer's Liability with limits of $100,000
per person, $500,000 per occurrence and
$100,000 per each disease.
Comprehensive General Liability with minimum limits
of one million dollars ($1,000,000.00) per
occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. Coverage
must be afforded on a form no more restrictive than
the latest edition of the Comprehensive General
Liability policy, without restrictive endorsements
other than ISO Endorsement GL 21 06 (Engineers,
Architects, or Surveyors Professional Liability
exclusion), as Filed by the Insurance Services
Office and must include:
so
Premises and/or Operations
Independent Contractors
Co
Products and Completed Operations - CONSULTANTS
shall maintain in force until at least three
years after completion of all services required
under this AGREEMENT, coverage for Products and
Completed Operations, including Broad Form
Property Damage.
Broad Form Property Damage
Contractual Coverage applicable to this
specific AGREEMENT.
Personal Injury Coverage with minimum limits of
coverage equal to those required for Bodily
Injury Liability.
Business Automobile Liability with minimum limits of
three hundred thousand dollars ($300,000.00) per
occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. Coverage
must be afforded on a form no more restrictive than
the latest edition of the Business Automobile
Liability policy, without restrictive endorsements,
as filed by the Insurance Services Office and must
include:
a. Owned Vehicles
b. Hired and Non-Owned Vehicles
c. Employers' Non-Ownership
18
o
Professional Liability Insurance with minimum limits
per occurrence applicable to CITY projects as
follows:
Construction Cost Ranqe Limit
a. 0 - 99,000 250,000
b. 100,000 - 299,000 500,000
c. 300,000 - 499,000 750,000
d. 500,000 - Above 1,000,000
Coverage shall be afforded on a form acceptable to
the CITY. CONSULTANT shall maintain such
professional liability insurance until at least one
year after a Certificate of Occupancy is issued.
CONSULTANT shall insure that sub-consultants used
for any portion of the project, maintain adequate
levels of Professional Liability Insurance.
Prior to commencement of services, the CONSULTANT
shall provide to the CITY Certificates of Insurance
evidencing the insurance coverage specified in the
foregoing Paragraphs C1, C2, C3, C4. All policies
covered within subparagraphs C1, C2, C3, C4, shall
be endorsed to provide the CITY with thirty (30)
days notice of cancellation and/or restriction. The
CITY shall be named as an additional insured as to
CONSULTANT'S liability on policies referenced in
subparagraphs C2. The required Certificates of
Insurance shall not only name the types of policies
provided, but also shall refer specifically to this
AGREEMENT and section and to the above paragraphs in
accordance with which insurance is being furnished,
and shall state that such insurance is as required
by such paragraphs of this AGREEMENT. The
CONSULTANT shall also make available to the CITY a
certified copy of the professional liability insur-
ance policy required by paragraph 4 above for the
City's review. Upon request, the CONSULTANT shall
provide copies of all other insurance policies.
If the initial insurance policies required by this
AGREEMENT expire prior to the completion of the
services, renewal Certificates of Insurance of
policies shall be furnished thirty (30) days prior
to the date of their expiration. For Notice of
Cancellation and/or Restriction; the policies must
be endorsed to provide the CITY with thirty (30)
days notice of cancellation and/or restriction.
The CONSULTANT'S insurance, including that
applicable to the CITY as an Additional Insured,
shall apply on a primary basis.
19
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Litigation Services:
It is understood and agreed that CONSULTANT'S services
include reasonable participation in litigation or dispute
resolution arising from this AGREEMENT. CONSULTANTS
participation shall include up to 30 hours of services
related to litigation or dispute resolution. Any such
services in excess of 30 hours shall be an extra service.
Authority to Contract:
The CITY represents that it is a Florida Municipal
Corporation with the authority to engage the CONSULTANT
for professional services described in the SERVICE
AUTHORIZATIONS and to accept the obligation for payment
for the services described in the SERVICE AUTHORIZATIONS.
Assignment:
The CITY and the CONSULTANT each binds itself and its
successors, legal representatives, and assigns to the
other party to this AGREEMENT and to the partners,
successors, legal representatives, and assigns of such
other party, in respect to all covenants of this
AGREEMENT subject to budget considerations and
requirements of law; and, neither the CITY nor the
CONSULTANT will assign or transfer their interest in this
AGREEMENT without the written consent of the other.
Confidential Information:
During all times that the CONSULTANT is employed on
behalf of the CITY and at all times subsequent to the
date of this contract, all discussions between the CITY
and the CONSULTANT and all information developed or work
products produced by the CONSULTANT during its employment
and all matters relevant to the business of the CITY not
otherwise being a matter of public record shall be deemed
to be confidential. All such information and work
product shall be protected by the CONSULTANT and shall
not be revealed to other persons without the express
written permission of the CITY, unless mandated by order
of the court.
Non-Exclusive Contract:
The CITY reserves the right to award projects to other
firms pursuant to the Florida Statutes Consultant's
Competitive Negotiations Act during the period of service
of the CONSULTANT. The CONSULTANT agrees to cooperate
with the CITY and other firms in accomplishing work that
20
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may require joint efforts to accomplish
This cooperation, when requested by
include but not be limited to:
the CITY'S goals.
the CITY, will
1. Sharing technical information developed under con-
tract with the CITY.
2. Joint meetings for project coordination.
3. Establish lines of communication.
Subconsultants:
In the event the CONSULTANT, during the course of the
work under this AGREEMENT requires the services of any
subcontractors or other professional associates in
connection with services covered by this AGREEMENT,
CONSULTANT must secure the prior written approval of the
CITY.
Notices:
Whenever either party desires to give notice unto the
other, it must be given by written notice, sent by
registered United States mail, with return receipt
requested, addressed to the party for whom it is intended
at the place last written, as the place for giving of
notice in compliance with the provisions of this
paragraph. For the present, the parties designate the
following as the respective places of giving of notice to
wit:
CITY of Delray Beach
CITY MANAGER
City of Delray Beach, Florida
100 NW 1st Avenue
Delray Beach, Florida 33444
CONSULTANT
Ian A. Nestler, Principal
?GAL
791 Park of Commerce Boulevard, Suite #400
Boca Raton, FL 33487
21
K. Attachments:
Lo
No
Oo
Request for Qualifications is hereby incorporated within
and made an integral part of this AGREEMENT.
Truth-In-Neqotiation Certificate:
Signature of this AGREEMENT by CONSULTANT shall act as
the execution of a truth in negotiation certificate
stating that wage rates and other factual unit costs
supporting the compensation of this AGREEMENT are
accurate, complete, and current. The original contract
price and any additions thereto shall be adjusted to
exclude any significant sums by which the CITY determines
the contract price was increased due to inaccurate,
incomplete, or non-current wage rates and other factual
unit costs.
Records:
Records of all expenses relative to each SERVICE AUTHOR-
IZATION shall be kept on a generally recognized
accounting basis and shall be available to the CITY or
its authorized representative at mutually convenient
times.
Personnel:
The CONSULTANT represents that it has or will secure, at
its own expense, qualified personnel required in perform-
ing the services under this AGREEMENT. All work shall be
performed under the direction of a professional,
registered under the State of Florida in the field for
which he is responsible for performing such services.
The project manager shall be approved by the CITY under
each SERVICE AUTHORIZATION. Key project personnel will
be identified for each project and expected to perform
the work assignment as can reasonably be expected.
Equal Opportunity Employment:
CONSULTANT agrees that it will not discriminate against
any employee or applicant for employment for work under
this Agreement because of race, color, religion, sex, age
or national origin. Such action shall include, but not
be limited to the following: employment, upgrading,
demotion or transfer; recruitment advertising; lay-off or
termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship.
The CONSULTANT agrees to post in conspicuous places,
available to employees and applicants for employment,
notices setting forth this non-discrimination clause.
This provision applies to all CONSULTANT'S subcontractors
22
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and it is the responsibility of CONSULTANT to ensure
subcontractor's compliance.
Prohibition Against Contingent Fees:
The CONSULTANT warrants that he has not employed or
retained any company or person, other than a bona fide
employee working solely for the CONSULTANT, to solicit or
secure this AGREEMENT, and that he has not paid or agreed
to pay any persons, company, corporation, individual or
firm, other than a bona fide employee working solely for
the CONSULTANT any fee, commission, percentage, gift, or
any other consideration, contingent upon or resulting
from the award or making of this AGREEMENT.
Termination:
This AGREEMENT may be terminated by either party by seven
(7) calendar days prior written notice, in the event of
substantial failure to perform in accordance with the
terms hereof by the other party through no fault of the
terminating party. The CITY shall have the right to
terminate this AGREEMENT for convenience at any time by
thirty (30) calendar days written notice to the
consultant. In the event the project described in any
SERVICE AUTHORIZATION, or the services of the CONSULTANT
called for under any SERVICE AUTHORIZATION, is or are
suspended, canceled, or abandoned by the CITY, the
CONSULTANT shall be given five days prior written notice
of such action and shall be compensated for the
professional services provided and reimbursable expenses
incurred up to the date of suspension, cancellation or
abandonment. The CONSULTANT agrees to provide all
documents to the CITY (specifically those referenced in
paragraph IX.A. Further, prior to the CONSULTANT'S
destruction of any of the above referenced documents, the
CITY shall be notified and allowed a reasonable period to
gain access to and make copies of any such documents.
Upon any termination of this AGREEMENT, the CONSULTANT
agrees that it shall use its best efforts to work
harmoniously with any successor who enters an AGREEMENT
to provide services for the CITY in order to provide for
a smooth transition period.
Indemnification:
In consideration of ten dollars ($10.00) and other
valuable consideration, the CONSULTANT will at all times
indemnify, save and hold harmless and defend the CITY,
its officers, agents (the term agents shall not include
the contractor(s), any subcontractors,
any materialmen or
others who have been retained by the City or Contractor,
or materialmen to supply goods or services to the
project) and employees, from and against all liability,
any claim, demand, damage, loss, expense or cause of
23
To
action and costs (including attorney's fees at trial or
appellate levels) arising out of error, omission, or
negligent act of CONSULTANT, its agents, servants or
employees in the performance of services under this
agreement. The CONSULTANT further agrees to indemnify,
hold harmless and defend the City, its officers, agents
and employees from and against any claim, demand or cause
of action arising out of any negligence or misconduct of
CONSULTANT for which the City, its agents, servants or
employees are alleged to be liable. The
indemnification's contained herein shall survive the
expiration or earlier termination of this Agreement.
Nothing in this AGREEMENT shall be deemed to affect the
rights, privileges and immunities of the CITY as set
forth in Florida Statutes 768.28.
Interest of the Consultant:
The CONSULTANT covenants that it presently has no
interest and shall not acquire any interest, direct or
indirect, in any Project to which this AGREEMENT pertains
or any other interest which would conflict in any manner
or degree with the performance of its services hereunder.
The CONSULTANT further covenants that in the performance
of this AGREEMENT, no person having such interest shall
be employed.
Compliance with Laws:
The CONSULTANT shall comply with the applicable
requirements of State and applicable County laws and
all Codes and Ordinances of the CITY OF DELRAY BEACH
as amended from time to time, and that exist at the
time of building permit issuance.
For SERVICE AUTHORIZATIONS involving work under
Federal or State Grantors or Approving Agencies, the
CITY and the CONSULTANT shall review and approve the
applicable required provisions or any other supple-
mental provisions as may be included in each SERVICE
AUTHORIZATIONS.
Jurisdiction; Venue:
The CONSULTANT hereby covenants, consents and yields to
the jurisdiction of the State Civil Courts of Palm
Beach County, Florida. Any dispute between CONSULTANT
and the CITY shall be governed by the laws of Florida
with venue in Palm Beach County.
24
V. Internal Dispute Between Owner and Consultant:
The City Manager shall be the final decision maker
regarding internal disputes between CiTY and CONSULTANT.
Extent of Agreement:
This AGREEMENT represents the entire integrated AGREEMENT
between the CITY and the CONSULTANT and supersedes all
prior negotiations, representations or AGREEMENTS,
written or oral. This AGREEMENT does not entitle the
CONSULTANT to receive any fee unless first being issued a
Service Authorization. This AGREEMENT does not provide
that a CONSULTANT is entitled to receive any Service
Authorization. This AGREEMENT may not be amended,
changed, modified, or otherwise altered in any way, at
any time after the execution hereof, except by approval
of the CITY Commission. This AGREEMENT applies only to
those projects that are on the CITY'S Capital Improvement
Plan (CIP), attached hereto as Exhibit ~D". The CITY is
not required to issue any Service Authorizations to
CONSULTANT for any projects listed on the CIP.
25
IN WITNESS WHEREOF, the CITY has caused these presents to
be executed in its name by its Mayor, and attested and its official
Seal to be hereunto affixed by its CITY Clerk, and the CONSULTANT
has hereunto set its hand and Seal the day and year first written
above.
CITY OF DELRAY BEACH, FLORIDA
By:
MAYOR
ATTEST:
City Clerk
Approved as to Form:
CITY Attorney
Witness
Name Printed
CONSULTANT
By:
Title:
PGAL, Inc.
Ian A. Nestler
Principal
(Seal)
Witness
Name Printed
26
ACKNOWLEDGEMENT IF CORPORATION
State of Florida
County of Palm Beach
BEFORE
ME, the foregoing instrument, this day of
200_, was acknowledged by
, on behalf of the Corporation and
freely and voluntarily for the
said person executed the same
purpose therein expressed.
WITNESS my hand and
aforesaid this day of
seal in the County and State
, 200_.
(SEAL)
Notary Public
My Co~unission Expires:
ACKNOWLEDGEMENT IF AN INDIVIDUAL
State of Florida
County of Palm Beach
I HEREBY CERTIFY that on this date before me, an officer
duly authorized in the state and county named above to take
acknowledgments, personally appeared
, known to me to be the person in and who
executed the foregoing instrument, and acknowledged before me that
he/she executed the same.
SWORN TO AND SUBSCRIBED before me this day of
, 200_.
Notary Public
My Commission Expires:
27
ACKNOWLEDGEMENT IF A PARTNERSHIP
State of Florida
County of Palm Beach
I
duly authorized
acknowledgments,
executed the
HEREBY CERTIFY that on this date before me, an officer
in the state and county named above to take
personally appeared
, known to me to be the person in and who
foregoing instrument as a partner of
, a partnership. He/She
acknowledged before that he/she executed the same as the act and
deed of said partnership for the uses and purposes therein
mentioned.
SWORN TO AND SUBSCRIBED before me this
, 200_.
day of
Notary Public
My Commission Expires:
28
ACKNOWLEDGEMENT IF A PARTNERSHIP
State of Florida
County of Palm Beach
I
duly authorized
acknowledgments,
executed the
HEREBY CERTIFY that on this date before me, an officer
in the state and county named above to take
personally appeared
, known to me to be the person in and who
foregoing instrument as a partner of
, a partnership. He/She
acknowledged before that he/she executed the same as the act and
deed of said partnership for the uses and purposes therein
mentioned.
SWORN TO AND SUBSCRIBED before me this
, 200_.
day of
Notary Public
My Commission Expires:
28
EXHIBIT "A"
Service Authorization No. 1
to the Agreement to Furnish Professional Services Dated
Between the City of Delray Beach, Florida and PGAL, Inc.
City P.O. Number: City Project Number: 2004-044
Project Title: Design Services for Old School Square Parking Garage
General
This SERVICE AUTHORIZATION, when executed, shall be incorporated in and shall
become an integral part of the professional service agreement referenced above. Changes
in the indicated Scope of Services will be subject to renegotiation and implemented through
an Amendment to this agreement or an additional Service Authorization.
Project Description
The primary purpose of the project is to design a structured parking facility for approximately
570 cars. The structure shall be a maximum of 48' high, will incorporate 7,000 - 10,000
gross square feet of retail space at grade and be situated adjacent to the Old School Square
Cultural Arts Center in Delray Beach.
Scope of Services
The work plan outlined below includes the development of alternative conceptual layouts
and preliminary designs for the facility. These alternatives and preliminary plans will be
developed through meetings, workshops and other activities designed for coordinating
stakeholder input and consensus building. Additional services may be requested at the
discretion of the City, including, but not limited to, preparation of final design and documents
sufficient for permitting and construction, construction administration services and/or a
design-build combination with a contractor to be selected by the City.
We understand that an Oversight Committee will be formed consisting of 2 members from
Old School Square, 2 members from the CRA, 1 member from City Parking and I City
Project Manager (R. Hasko). The role of the Oversight Committee will be to provide specific
program information and review stakeholder comments relative to the program. All
communications are to be coordinated through the City Project Manager. We understand
the stakeholders may include the following groups (final determination to be made by the
Oversight Committee):
DF B/~3~ 1040007/S ET561 .DOC I
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Old School Square (OSS) Board
Community Redevelopment Agency (CRA) Board
Pineapple Grove Executive Board
Pineapple Grove Design Committee
Existing Tenants/Merchants
Site Plan Review and Approval Board (SPRAB)
Downtown Development Authority (DDA) Board
Parking Management Committee
Chamber of Commerce
City Attorney
Local Utilities/Services (FP&L, Adelphia, BellSouth, Waste Management)
City Fire Department
Up to 10 total meetings will be held with stakeholder groups (individually or in combination)
to obtain consensus on the program, alternatives and preliminary design.
It is our intent to identify and review existing documentation (prior studies, surveys, etc. to
be provided by City) to facilitate development of a conceptual design that addresses the
needs of all users of the garage and occupants of the retail space. The preliminary design
shall enhance safety for drivers, pedestrians and bicyclists on adjacent streets as well as
respond the historic context of the downtown area. We will establish capacity needs for the
garage (requirements for; retail, OSS, City, replacement of existing), identify traffic impacts
and evaluate the surrounding roadway network for proper ingress/egress locations
(elimination of one-way pairs to be studied by others) and consider potential service needs
for the proposed retail and existing OSS Amphitheater.
Garage planning will include analyses of ramp systems and grades, gate capacity and
queuing at peak hours, revenue control, stall and aisle sizes, pedestrian circulation and
structural systems. Preliminary architecture and engineering will include code research,
envelope studies (elevations), exterior materials, mechanical (it is not intended for the
garage to be mechanically ventilated), electrical (lighting), fire sprinkler, civil and
landscaping. A budget construction cost estimate will be prepared for the approved
preliminary design.
Schedule
PGAL will commence work on the Scope of Services described herein upon receipt of a fully
executed copy of this Specific Service Authorization from the CITY, which will serve as the
notice to proceed.
Depending on the number and availability of stakeholders during the consensus building
process, we anticipate having a preliminary design ready to submit for SPRAB review and
approval within 120 calendar days of notice-to-proceed.
DFBI981040007/SET561 DOC 2
Assumptions
This scope of services is based on the following modifications to the Professional Service
Agreement:
1. III.A.5. A "general economic analysis of the Owner's requirements" is not
included.
2. III.A.6. A schematic report including a preliminary estimate of construction cost
will be prepared, but it will not include an "allowance for engineering costs and
contingencies, allowances for such other items such as charges for all other
professionals and consultants, for the cost of lands and rights-of-way, for
compensation for or damages to properties, and for permit review and/or
approval fees by other governmental agencies, if required".
3. IlI.B.7. Value engineering meetings, if necessary at this time, are included in the
assumption of total meetings attended.
Compensation to the CONSULTANT
Compensation for basic professional consulting services as described herein shall be on a
lump sum basis in accordance with Article VII.A.1 of the AGREEMENT.
Basic Services Tasks and Fees are as follows:
Task 1 Review of existing conditions and documentation $ 2,400
Task 2 Define preliminary program requirements $ 9,560
Task 3 Internal research and studies $ 4,220
Task 4 Provide up to 3 alternatives and report for review $14,600
Task 5 Build consensus with stakeholders $21,800
Task 6 Develop final concept plan for approval $26,680
Task 7 Prepare budget cost estimate $ 6,900
Total Basic Services
$ 86,160
All above fees are detailed on Attachment '1 to Exhibit A, Fee Schedule for Basic Services.
Tasks 1, 2, 3 and 4 above fulfill the requirements of Article III.A Phase I - Study and Report
Phase. Tasks 6 and 7 fulfill the requirements of Article III.B Phase II - Preliminary Design
Phase. A portion of Task 5 will be applied to both Phases as meetings are held.
DF~981040007/SET561,90C 3
Optional Services Tasks and Fees are as follows:
Opt 1
Opt 2
Opt 3
Opt 4
Opt 5
Site survey (boundary, spot elevations, existing structures) $12,900
Traffic study (surrounding mad network) $ 7,960
Underground utilities $ 1,420
Submit for SPRAB approval $41,740
· Architectural, MEP, Structural $20,225
· Civil $13,935
· Landscape $ 7,580
Rendering (allowance) $ 5,000
Total Optional Services
$ 69,020
All above fees are detailed on Attachment 2 to Exhibit A, Fee Schedule for Optional Services.
Each Optional Service will require a separate written authorization from the City.
DFB/9810400071S ET561 .DOC 4
This service authorization is approved contingent upon the CITY's acceptance of and
satisfaction with the completion of the services rendered in the previous phase or as
encompassed by the previous service authorization. If the CITY in its sole discretion is
unsatisfied with the services provided in the previous phase or service authorization, the
CITY may terminate the contract without incurring any further liability. The CONSULTANT
may not commence work on any service authorization approved by the CITY to be included
as part of the contract without a further notice to proceed.
Approved by:
CITY OF DELRAY BEACH: PGAL, INC. (Corporate Seal)
Date:
lan A. Nestler, AIA, Principal
Witness
Witness
David T. Harden
City Manager
Attest:
Approved as to Legal Sufficiency and Form
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged
before me this __. day of
,2004, by lan A. Nestler, Principal,
PGAL, Inc., a Texas corporation, on behalf
of the corporation. He is personally known to
me and (did/did not) take an oath.
Notary Public
My Commission Expires:
State of Florida
(Seal)
DFB/981040007/SET561 .DOC 5
0'0
0 a~
Agenda Item No. ~ .~-
AGENDA REQUEST
Request to be placed on:
__ Regular Agenda
X Special Agenda
__ Workshop Agenda
Date August 3, 2004
When: August 10, 2004
Description of item (who, what, where, how much): Staff requests Commission approval of a
contract with PGAL, Inc. for provision of professional services for preliminary plannincl activities for
the proposed Old School Square Cultural Arts Center Parkinq Garage. Scope of services
includes evaluation of work to date on this phase of the OSS master plan, verification of facility
capacity needs, development of alternative layouts for presentation to stakeholdem for consensus
buiidin.q and refinement to a final siteplan and facility design parameters and preparation of a
construction budqet estimate for the proiect based on the final plan. Fees for the basic scope
total $ 86,160 with funding available in account #380-4150-572-63.29. A supplementary fee
schedule is listed as Optional Services for budget purposes if Commission authorizes preliminary
design and site plan approval activities. These fees are not included in the basic scope and will
require additional Commission approval.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT A'I-rACHED YES/N._~_O
Recommendation: Staff recommends approval of a contract with PGAL, Inc. for $86,160.
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (re, p~on ~11 items invQIvir~a~x~enditure of funds):
Funding available: E~S/NO ~,~w~..- ~'~'~,~ ~'/~/o d
Funding alternatives: (if appli~ble) .
Ac~unt No. & Description: ~'
Ac~unt Balance: ~ ~ /%./ /~0
City Manager Review:
ApprovedHold Until:f°r agenda: ~/NO ~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~.A ,~.., . SPECIAL MEETING OF AUGUST 10. 2004
2004-2005 FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES
BLOCK GRANT FOR PREVENTION AND TREATEMENT OF
SUBSTANCE ABUSE FUNDING AGREEMENT/SUBCONTRACT
AGReeMENT WITH COMMUNITY CHII.F} CARE CENTER
DATE:
AUGUST 10, 2004
This item was pulled from the August 3, 2004 Agenda because Exhibit "A" was not attached.
Consider approval of the attached item with Exhibit "A" attached.
S:\City Clerk\agenda memos\DCF CCCC Agn~.08.10.04
City of Delray Beach Community Development Division
MEMORANDUM
TO:
David T. Harden, City Manager
THRU:
FROM:
DATE:
Lula Butler, Director of Community Improvement
Kendra W. Graham, C.D. Administrator ~X
July 30, 2004
SUBJECT:
2004-2005 Florida Department of Children and Families Block Grant for
Prevention and Treatment of Substance Abuse
Funding Agreement - Community Child Care Center
ITEM BEFORE CITY COMMISSION
Approval is requested to execute a contract with the Community Child Care Center for the
provision of substance abuse prevention services.
BACKGROUND
On June 21, 2004, the City of Delray Beach entered into a contract with the Florida Department
of Children and Families (DCF) for the provision of community-based substance abuse and
mental health prevention services to children and adults. The term of the contract is July 1, 2004
through June 30, 2005. Funding under the contract for the Children's Substance Abuse (CSA)
program is $122,637 and $40,000 for the Adult Substance Abuse (ASA) program.
DCF contract provisions require that any subcontracts be evidenced by a written agreement prior
to the disbursement of funds, specifying the work to be performed and reporting requirements,
among other necessary requirements and governing provisions. This agreement has been
developed in accordance with the stated regulations and has been reviewed and approved by the
City Attorney for legal sufficiency and form.
RECOMMENDATION
Staff recommends approval and execution of the attached agreement in the amount of $162,637.
AGREEMENT
THIS AGREEMENT, made this day of ~ 2004, by and between the
CITY OF DELRAy BEACH, a municipal corporation, (City), 100 NW 1st Avenue, Delmy
Beach, FL 33444 and COMMUNITY CHILD CARE CENTER, (CCCC) of Delray Beach, 555
NW 4th Street, Delray Beach, FL 33444.
WITNESSETH:
WHEREAS, the City received a grant from the Florida Department of Children and
Families (DCF) to provide community based substance abuse and mental health services to
adults and children; and
WHEREAS, the City desires to subcontract with the Community Child Care Center
{CCCC), a local not-for profit organization, to carry out the activities described in the grant
award agreement.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency
which are hereby acknowledged, the parties hereby agree as follows:
Incorporation of Recitals. The parties hereby represent and warrant that the above
recitals are accurate and correct and hereby incorporate them as if fully set forth
in this Agreement.
Term: This agreement shall conunence upon execution by both parties and
terminate on June 30, 2005. This Agreement shall be contingent upon the City's
receipt of grant money from DCF.
Payment: Subject to Paragraph 2 above, transfers from the City to CCCC will be
made in accordance with the following procedures:
The City agrees to reimburse to CCCC for provision of services described in
Exhibit "A" (Agreement between the City and DCF). It is expressly
understood and agreed, by and between the parties, that the services to be
rendered hereunder by CCCC shall be provided in compliance with all terms
and conditions set forth in Exhibit "A", as well as the terms and conditions of
this formal Agreement between the City and CCCC.
b)
The total payments for services rendered pursuant to this Agreement shall be
up to the amount of $162,637.00, for services rendered from July 1, 2004
through June 30, 2005, made to CCCC monthly on a reimbursement basis.
CCCC shall submit an invoice to the City by the 10th day of each month
following the month in which the services were provided. The invoice will
include documentation reflecting all expenditures made by CCCC under this
Agreement, in whatever form reasonably required by City. Subject to the
availability of funds, the City will provide reimbursement to CCCC within 30
days after receipt of the invoice. CCCC shall submit a final invoice to the
6
City no later than June 30, 2005 (with appropriate documentation). The City
will not reimburse CCCC for any expenditure made by CCCC under this
Agreement that is submitted after June 30, 2005.
The City has the discretion to decrease CCCC's allocation based upon the
program's inability to meet the parameters outlined in the program model and/or
the inability to maintain program capacity based upon quarterly reviews.
Overpayment: CCCC agrees to return to the City any overpayments made
through inadvertence or miscalculation or because payment is disallowed as not
having been properly earned under this Agreement. Such funds shall be refunded
in full by CCCC to the City as follows:
ao
Within twenty (20) days from the date of written notification by the City
to CCCC of overpayment or disallowance; or
Within thirty (30) days following the end of this Agreement.
The City shall have the right to deduct from any subsequent payment
request submitted by CCCC, the amount of any overpayments or
disallowed funds.
Suspension of Payment of Funds: The City may, for reasonable cause, suspend
the payment of funds pending corrective action by CCCC or pending a decision
by the City to terminate this Agreement. The City may, for reasonable cause,
prohibit CCCC from incurring additional obligation of any funds received from
the City, pending corrective action by CCCC or a decision to terminate this
Agreement. Said suspension of payment of funds or obligation thereof may apply
to all or part of CCCC's operations funded by the City.
CCCC agrees to comply with all documentation requirements as required by
Exhibit "A" and any terms and conditions of this Agreement.
The CCCC agrees to provide program data on a quarterly basis, and in a format as
requested by the City, as well as fiscal reports as requested by City.
Indemnification: CCCC shall defend, indemnify, save harmless and exempt the
City, its officers, agents, servants, and employees from and against any and all
suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and
attorneys fees resulting from injury to or death of persons or damage to property
arising out of or resulting from the Contract or from work done by CCCC or its
subcontractors in the performance of the Contract except to the extent caused by
the sole negligence of or breach of contract by the City. In connection with any
legal proceedings arising hereunder, the City reserves the right to retain counsel
of its choice and at its own expense, or in the alternative, to approve counsel
obtained by CCCC. The parties understand that the City does not waive its
sovereign immunity under Fla. Stat. §768.28.
2
10.
11.
12.
13.
Independent Contractor: CCCC is performing the services and duties required
hereunder as a non-profit partner of the City of Delray Beach but they are an
independent contractor and not an employee of the City. CCCC shall assume sole
and exclusive responsibility for the payment of wages to all employees for
services performed by them under this Agreement. CCCC shall, with respect to
said employees, be responsible for withholding federal income taxes, paying
federal social security taxes, maintaining unemployment insurance and
maintaining worker's compensation coverage in amounts required by applicable
federal and state law.
Insurance: CCCC shall provide the City with Comprehensive General Liability
Insurance in the amount of $1,000,000.00 per occurrence naming the City as an
additional insured, with a thirty (30) days notice of cancellation provision. CCCC
shall provide Worker's Compensation Insurance as required by law and
Automobile Insurance in the amount of $500,000.00, naming the City as an
additional insured.
Notices: All notices required hereunder shall be in writing and shall be addressed
to the following representative of the part parties:
For the City:
David Harden, City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
For CCCC:
Nancy K. Hurd, Executive Director
Community Child Care Center of Delray Beach, Inc.
Full Time School Age Programming (-3111)
555 NW 4t~ Street
Delray Beach, FL 33444
Venue/Laws. This Agreement shall be governed by the Laws of the State of
Florida and venue shall be in Palm Beach County, forsaking any other jurisdiction
which either party may claim by virtue of residency.
Termination: In the event funds to finance this Agreement become unavailable
to the City, the City may terminate this Agreement upon no less than five (5) days
written notice to CCCC. The City shall be the fmal authority as to the availability
of funds.
Notwithstanding any other provision of this Agreement, the City may terminate
this Agreement for any breach by CCCC. If the City intends to terminate this
Agreement, notice shall be provided in writing to CCCC no less than twenty-four
(24) hours prior to the effective date of the termination. The City's failure to
terminate or suspend a CCCC for past breaches of this Agreement shall be
construed as a waiver of its right to demand strict compliance with the terms of
the Agreement or to terminate for said breaches or similar breaches, and shall not
be construed to be a modification of the terms of the Agreement.
In addition, CCCC and the City may terminate this contract with or without cause
provided that CCCC or City shall give sixty (60) days notice in writing to City or
CCCC. The City shall reimburse CCCC for all monies CCCC has expended up to
and including the effective date of the termination and CCCC shall do the same.
14.
Entire Agreement. This Agreement along with Exhibit "A", attached hereto, shall
constitute the entire Agreement of the parties with respect to the subject matter of
it. All prior understanding and agreements between the parties with respect to
such matters are merged into this Agreement, which alone fully and completely
expresses their understanding. Modifications to this Agreement must be made in
writing and mutually agreed to by the parties.
15.
Assignment or Transfer. This Agreement may not be assigned or transferred by
CCCC in whole or part without the written consent of the City.
IN WITNESS WHEREOF, the parties have entered into this Agreement on the day and
year first above written.
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
City Clerk
Approved as to Legal Form:
City Attorney
WITNESS:
Signature
Print Name
Signature
Print Name
By:
JeffPerlman, Mayor
COMMUNITY CHILD CARE CENTER
By:
Nancy Hurd, Executive Director
4
& F ILIES
Jeb Bush
Governor
Jerry Regier
Secretary
Ted Simpkins
Distdct 9 Administrator
DATE:
TO:
FROM:
SUBJECT:
Certified Mail Receipt #
7001 1140 0002 0802 1748
June 21,2004
Lula Butler, Director of Community Improvement
City of Delray Beach
John F. McCarthy'~_~
(DO) SAMH Program Supervisor
Notification of Contract Approval
Your agency's fiscal year 2004-2005 contract with the Substance Abuse and Mental
Health Program Office has been approved and is forwarded herewith:
CONTRACT NUMBER: ID057
EFFECTIVE DATE: June 21~ 2004
TOTAL CONTRACT AMOUNT: ~162,637.00
Gloria Johnson is your agency's contract manager. Please feel free to contact her
with any questions or concerns regarding the contract indicated above. All
correspondence, reports, etc. should be directed to Gloria.
I would like to thank you and your agency for their dedication to the field of mental
health and substance abuse. If I can be of assistance, please contact me.
CC: FY 04/05 Contract File
Sally Stewart, Contract Administrator
Enclosure
Substance Abuse & Mental Health Program Office- District 9
tll So. Sapodilla Avenue, Room 101 -West Palm Beach, Florida 33401 (561) 650-6860, Fax (561) 650-6859
The Department of Children and Families is committed to working
in partnership with local communities to ensure safety, well-being
and self-sufficiency for the people we serve.
FAMILIES
Jeb Bush
Governor
Jerry Regier
Secretary
Ted Simpkins
District 9 Administrator
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
June 21, 2004
Lula Butler, Director of Community Improvement
City of Delray Beach ~Ct
Gloria Johnson, Contract Manag(e~ '
Post Award Notice - Contract #1D057
As required by OMB Circular A-133, the enclosed information sheet reflects federal
funding sources and state funding sources based on your current District 9 SAMH
contract. If your agency receives federal funding you are required to assign these
monies to specific programs/cost enters at your agency.
Please refer to Exhibit A and/or B of your contract to assist you in making these
assignments. This will be updated as revisions in funding sources or funding amounts
are made. Please ensure this information is provided to your external auditors.
You may contact me at (561) 650-6860 should you have any questions.
CC: FY 04/05 Contract File
Sally Stewart, D9 Contract Administrator
Enclosure
l'tl"tJl::l V ~- L~
JUL - 6 2004
COMM. IMP. ADMIN.
Substance Abuse & Mental Health Program Office. District 9
111 So. Sapodilla Avenue, Room 101 -West Palm Beach, Florida 33401 (561) 650-6860, Fax (561) 650-6859
The Department of Children and Families is committed to working
in partnership with local communities to ensure safety, well-being
and seE-sufficiency for the people we serve.
Date mailed to provider: ~(_..~_/0~
POST AWARD NOTICE OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCE
PROVIDER NAME: City of Delray Beach
CONTRACT
PURPOSE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes,
require information about Federal programs and State projects be provided to the recipient. Information
contained herein is a prediction of funding soumes and related amounts based on the contract budget.
I. FEDERAL FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
Federal Program I (Department of Health and Human Services, 93.959, Block
Grants for Prevention and Treatment of Substance Abuse)
TOTAL FEDERAL FUNDS AWARDED
$162,637.00
$162,637.00
Specific compliance requirements for Federal funds awarded pursuant to this agreement can be found
in OMB Circular A-133, Appendix B: Compliance Supplement at www.whitehouse.qovlomblcirculare.
II. STATE FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
A. MATCHING FUNDS FOR FEDERAL PROGRAMS:
No Matching State Funds Awarded
State funds reported above may include maintenance of effort funding. This occurs when a CFDA
number is associated with state funds used to meet federal maintenance of effort requirements.
B. STATE FUNDS SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
No State Project Funds Awarded
Specific compliance rsquirsments for the State financial assistance awarded pursuant to this agreement
can be found in Part.Four: State Project Compliance Requirements of the Florida Single Audit Act at
www.myflorida.com/myRorida/~lovernmentJ,qovem orinitlativss/fsaa/Index.html.
C. STATE FUNDS AWARDED NOT INCLUDED ABOVE:
No Other State Funds Awarded
Compliance requirements applicable to these funds can be found In the contract.
Page I of 1 06/08/04
03/23/04
CFDA No. 93.959 Client [] Non-Client []
Multi-District []
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES
STANDARD CONTRACT
THIS CONTRACT is entered into between the Florida Department of Children and Families, hereinafter referred to as the
"department," and City of Delrav Beach hereinafter referred to as the "provider."
I. THE PROVIDER AGREES:
A. Contract Document
To provide services in accordance with the terms and conditions specified in this contract including all attachments and exhibits, which
constitute the contract document.
B. Requirements of Section 287.058 F.S.
To provide units of deliverables, including reports, findings, and drafts, as specified in this contract, which must be received and
accepted by the contract manager in writing prior to payment. To submit bills for fees or other compensation for services or expenses
in sufficient detail for a proper pre-audit and post-audit. Where itemized payment for travel expenses are permitted in this contract, to
submit bills for any trave! expenses in accordance with section 112.061, F.S. or at such lower rates as may be provided in this
contract. To allow public access to all documents, papers, letters, or other public records as defined in subsection 119.011(1), F.S.,
made or received by the provider in conjunction with this contract except that public records which are made confidential by law must
be protected from disclosure. It is expressly understood that the provider's failure to comply with this provision shall constitute an
immediate breach of contract for which the department may unilaterally terminate the contract.
C. Governing Law
1. State of Florida Law
That this contract is executed and entered into in the State of Florida, and shall be construed, performed and enforced in all respects
in accordance with the Florida law including Florida provisions for conflict of laws.
2. Federal Law
a. That if this contract contains federal funds the provider shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR,
Part 92, and other applicable regulations.
b. That if this contract contains federel funds and is over $100,000, the provider shall comply with all applicable standards,
orders, or regulations issued under section 306 of the Clean Air Act, as amended (42 U.S.C. 7401 et seq.), section 508 of the Federal
Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.), Executive Order 11738 as amended and where applicable, and
Environmental Protection Agency regulations (40 CFR, Part 30). The provider shall report any violations of the above to the
department.
c. That no federal funds received in connection with this contract may be used by the provider, or agent acting for the provider,
to influence legislation or appropriations pending before the Congress or any State legislature. If this contract contains federal funding
in excess of $100,000, the provider must, prior to contract execution, complete the Certification Regarding Lobbying form, Attachment
II . If a Disclosure of Lobbying Activities form, Standard Form LLL, is required, it may be obtained from the contract manager. All
disclosure forms as required by the Certification Regarding Lobbying form must be completed and retumed to the contract manager,
prior to payment under this contract.
d. That unauthorized aliens shall not be employed. The department shall consider the employment of unauthorized aliens a
violation of section 274A(e) of the Immigration and Nationality Act (8 U.S.C. 1324 a). Such violation shall be cause for unilateral
cancellation of this contract by the department. -
e. That if this contract confains $10,000 or more of federal funds, the provider shall comply with Executive Order 11246, Equal
Employment Opportunity, as amended by Executive Order 11375 and others, and as supplemented in Department of Labor regulation
41 CFR, Part 60 and 45 CFR, Part 92, if applicable.
f. That if this contract contains federal funds and provides services to children up to age 18, the provider shall comply with the
Pro-Children Act of 1994 (20 U.S.C. 6081). Failure to comply with the provisions of the law may result in the imposition of a civil
monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible
entity. This clause is applicable to all subcontracts.
D. Audits, Inspections, Investigations, Records and Retention
¶. To establish and maintain books, records and documents (including electronic storage media) sufficient to reflect all income
and expenditures of funds provided by the department under this contract.
2. To retain all client records, financial records, supporting documents, statistical records, and any other documents (including
electronic storage media) pertinent to this contract for a period of six (6) years after completion of the contract. If an audit has been
initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until resolution of the audit
"03123/04
findings or any litigation which may be based on the terms of this contract, at no additional cost to the department. Records shall
be retained for longer periods when the retention period exceeds the time frames required by law.
3. Upon demand, at no additional cost to the department, the provider will facilitate the duplication and transfer of any records or
documents during the required retention period in Subsection I, Paragraph D.2.
4. To assure that these records shall be subject at all reasonable times to inspection, review, copying, or audit by Federal, State,
or other personnel duly authorized by the department.
5. At all reasonable times for as long as records are maintained, persons duly authorized by the department and Federal auditors,
pursuant to 45 CFR, Section 92.36(i) (10), shall be allowed full access to and the right to examine any of the provider's contracts and
related records and documents, regardless of the form in which kept.
6. To provide a financial and compliance audit to the department as specified in this contract and in Attachment itl and to
ensure that all related party transactions are disclosed to the auditor.
7. To comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by the office
of The Inspector General (Section 20.055, Florida Statutes).
8. To include the aforementioned audit, inspections, investigations and record keeping requirements in all subcontracts and
assignments.
E. Monitoring by the Department
To permit persons duly authorized by the department to inspect and copy any records, papers, documents, facilities, goods and
services of the provider which are relevant to this contract, and to interview any clients, employees and subcontractor employees of
the provider to assure the department of the satisfactory performance of the terms and conditions of this contract. Following such
review, the department will deliver to the provider a written report of its findings and request for development, by the provider of a
corrective action plan where appropriate. The provider hereby agrees to timely correct all deficiencies identified in the corrective action
plan.
F. Indemnification
NOTE: Exceot to the extent oermitted by s.768.28, F.S, or other applicable Florida Law. Paragraph I.F.I. and 2. are not applicable to
contracts executed between state agencies or subdivisions, as defined in subsection 768.28(2), F.S.
1. To be liable for and indemnify, defend, and hold the department and all of its officers, agents, and employees harmless from all
claims, suits, judgments, or damages, including attorneys' fees and costs, arising out of any act, actions, neglect, or omissions by the
provider, its agents, or employees during the performance or operation of this contract or any subsequent modifications thereof.
2. That its inability to evaluate its liability or its evaluation of liability shall not excuse the Provider's duty to defend and t° indemnify
within seven (7) days after notice by the department by certified mail. After the highest appeal taken is exhausted, only an adjudication
or judgment specifically finding the provider not liable shall excuse performance of this provision. The provider shall pay all costs and
fees including attorneys' fees related to these obligations and their enforcement by the department. The department's failure to notify
the provider of a claim shall not release the provider from these duties. The provider shall not be liable for the sole negligent acts of
the department.
G. Insurance
To provide continuous adequate liability insurance coverage during the existence of this contract and any renewal(s) and extension(s)
of it. By execution of this contract, unless it is a state agency or subdivision as defined by subsection 768.28(2), F.S., the provider
accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable
financial protections for the provider and the clients to be served under this contract. Upon the execution of this contract, the provider
shall furnish the department written verification supporting both the determination and existence of such insurance coverage. Such
coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The
department reserves the right to require additional insurance as specified in this contract.
H. Confidentiality of Client Information
Not to use or disclose any information concerning a recipient of services under this contract for any purpose prohibited by state or
federal law or regulations (except with the written consent of a person legally authorized to give that consent or when authorized by
law).
I. Assignments and Subcontracts
1. To neither assign the responsibility for this contract to another party nor subcontract for any of the work contemplated under this
contract without prior written approval of the department which shall not be unreasonably withheld. Any sublicense, assignment, or
transfer otherwise occurring without prior approval of the department shall be null and void.
2. To be responsible for all work performed and for all commodities produced pursuant to this contract whether actually furnished
by the provider or its subcontractors. Any subcontracts shall be evidenced by a written document. The provider further agrees that the
department shall not be liable to the subcontractor in any way or for any reason. The provider, at its expense, will defend the
department against such claims.
3. To make payments to any subcontractor within seven (7) working days after receipt of full or partial payments from the
department in accordance with section 287.0585, F.S., unless otherwise stated in the contract between the provider and
' 03/23104
subcontractor. Failure to pay within seven (7) working days will result in a penalty that shall be charged against the provider and paid
to the subcontractor in the amount of one-half of one percent (.005) of the amount due per day from the expiration of the pedod
allowed for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15%) percent of the
outstanding balance due,
4. That the State of Flodda shall at all times be entitled to assign or transfer its rights, duties, or obligations under this contract to
another governmental agency in the State of Florida, upon giving prior written notice to the provider. In the event the State of Florida
approves transfer of the provider's obligations, the provider remains responsible for all work performed and all expenses incurred in
connection with the contract. This contract shall remain binding upon the successors in interest of either the provider or the
department.
J. Return of Funds
To return to the department any overpayments due to unearned funds or funds disallowed pursuant to the terms and conditions of this
contract that were disbursed to the provider by the department. In the event that the provider or its independent auditor discovers that
an overpayment has been made, the provider shall repay said overpayment immediately without prior notification from the depertmenL
In the event that the department first discovers an overpayment has been made, the contract manager, on behalf of the department,
will notify the provider by letter of such findings. Should repayment not be made forthwith, the provider will be charged at the lawful
rate of interest on the outstanding balance after department notification or provider discovery.
K. Client Risk Prevention and Incident Reporting
1. That if services to clients are to be provided under this contract, the provider and any subcontractors shall, in accordance with
the client risk prevention system, report those reportable situations listed in CFOP 215-6 in the manner prescribed in CFOP 215-6 or
district operating procedures.
2. To immediately report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled
adult to the Florida Abuse Hotline on the statewide toll-free telephone number (1-800-96ABUSE). As required by Chapters 39 and
415, F.S., this provision is binding upon beth the provider and its employees.
L. Purchasing
1. To purchase articles which are the subject of or are required to cam/out this contract from Prison Rehabilitative Industries and
Diversified Enterprises, Inc., (PRIDE) identified under Chapter 946, F.S., in the same manner and under the procedures set forth in
subsections 946.515(2) and (4), F.S. For purposes of this contract, the provider shall be deemed to be substituted for the department
insofar as dealings with PRIDE. This clause is not applicable to subcontractors unless otherwise required by law. An
abbreviated list of products/services available from PRIDE may be obtained by contacting PRIDE, (850) 467-3774.
2. To procure any recycled products or materials, which are the subject of or are required to carry out this contract, in accordance
with the provisions of sections 403.7065, and 287.045, F.S.
M. Civil Rights Requirements
1. Not to discriminate against any employee in the performance of this contract or against any applicant for employment because
of age, race, religion, color, disability, national origin, marital status or sex. The provider further assures that all contractors,
subcontractors, subgrantees, or others with whom it arranges to provide services or benefits to participants or employees in
connection with any of its programs and activities are not discriminating against those participants or employees because of age, race,
religion, color, disability, national origin, marital status or sex. This is binding upon the provider employing fifteen (15) or more
individuals.
2. To complete the Civil Rights Compliance Questionnaire, CF Forms 946 A and B, in accordance with CFOP 60-16. This is
binding upon providers that have fifteen (15) or more employees.
N. Independent Capacity of the Contractor
1. To act in the capacity of an independent contractor and not as an officer, employee of the State of Flodda, except where the
provider is a state agency. Neither the provider nor its agents, employees, subcontractors or assignees shall represent to others that it
has the authority to bind the department unless specifically authorized in writing to do so.
2. This contract does not create any right to state retirement, leave benefits or any other benefits of state employees as a result of
performing the duties or obligations of this contract.
3. To take such actions as may be necessary to ensure that each subcontractor of the provider will be deemed to be an
independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State of Florida.
4. The department will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial or cledcal
support) to the provider, or its subcontractor or assignee, unless specifically agreed to by the department in this contract.
5. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds and all
necessary insurance for the provider, the provider's officers, employees, agents, subcontractors, or assignees shall be the sole
responsibility of the provider.
03123t04
O. Sponsomhip
As required by section 286.25, F.S., if the provider is a non-govemmental organization which sponsors a program financed wholly or in
part by state funds, including any funds obtained thmogh this contract, it shall, in publicizing, advertising, or describing the sponsorship
of the program, state: "Sponsored by (provider's name) and the State of Florida, Department of Children and Families.~ If the
sponsorship reference is in written material, the words "State of Florida, Department of Children and Families" shall appear in the
same size letters or type as the name of the organization.
P. Publicity
Without limitation, the provider and its employees, agents, and representatives will not, without prior departmental written consent in
each instance, use in advertising, publicity or any other promotional endeavor any State mark, the name of the State's mark, the name
of the State or any State affiliate or any officer or employee of the State, or represent, directly or indirectly, that any product or service
provided by the provider has been approved or endorsed by the State, or refer to the existence of this contract in press releases,
advertising or materials distributed to the provider's prospective customers.
Q. Final Invoice
To submit the final invoice for payment to the department no more than 45 days after the contract ends or is terminated. If the provider
fails to do so, all rights to payment are forfeited and the department will not honor any requests submitted after the aforesaid time
period. Any payment due under the terms of this contract may be withheld until all reports due from the provider and necessary
adjustments thereto have been approved by the department.
R. Use of Funds for Lobbying Prohibited
To comply with the provisions of sections 11.062 and 216.347, F.S., which prohibit the expenditure of contract funds for the purpose of
lobbying the Legislature, judicial branch, or a state agency.
S. Public Entity Clime
Pursuant to section 287.133, F.S., the following restrictions are placed on the ability of persons convicted of public entity crimes to
transact business with the department: When a person or affiliate has been placed on the convicted vendor list following a conviction
for a public entity crime, he/she may not submit a bid on a contract to provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or the repair of a public building or public work, may not submit bids on
leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount
provided in section 287.017, F.S., for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the
convicted vendor list.
T. Patents, Copyrights, and Royalties
1. If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this
contract, or in anyway connected herewith, the provider shall refer the discovery or invention to the department to be referred to the
Department of State to determine whether patent protection will be sought in the name of the State of Florida. Any and all patent rights
accruing under or in connection with the performance of this contract are hereby reserved to the State of Florida.
2. In the event that any books, manuals, films, or other copyrightable materials are produced, the Provider shall notify the
Department of State. Any and all copyrights accruing under or in connection with performance under this contract are hereby reserved
to the State of Florida.
3. The provider, if not a state agency, shall indemnif~ and save the department and its employees harmless from any liability
whatsoever, including costs and expenses, arising out of any copyrighted, patented, or unpatented inventi(~n, process, or article
manufactured or used by the provider in the performance of this contract.
4. The department will provide prompt written notification of any claim of copyright or patent infringement. Further, if such claim is
made or is pending, the provider may, at its option and expense, procure for the department, the right to continue use of, replace, or
modify the article to render it non-infringing. If the provider uses any design, device, or materials covered by letters, patent, or
copyright, it is mutually agreed and understood without exception that the compensation paid pursuant to this contract includes all
royalties or costs arising from the use of such design, device, or materials in any way involved in the work contemplated by this
contract.
U. Construction or Renovation of Facilities Using Stets Funds
That any state funds provided for the purchase of or improvements to real property are contingent upon the provider granting to the
state a security interest in the property at least to the amount of the state funds provided for at least five (5) years from the date of
purchase or the completion of the improvements or as further required by law. As a condition of receipt of state funding for this
purpose, the provider agrees that, if it disposes of the property before the department's interest is vacated, the provider will refund the
proportionate share of the state's initial investment, as adjusted by depreciation.
03/23104
V. Information Security Obligations
t. To identify an appropriately skilled individual to function as its Data Security Officer who shall act as the liaison to the
department's Security Staff and who will maintain an appropriate level of data security for the information the provider is collecting or
using in the performance of this contract. An appropriate level of security includes approving and tracking all provider employees that
request system or information access and ensuring that user access has been removed from ail terminated provider employees.
2. To hold the department harmless from any loss or damage incurred by the department as a result of information technology
used, provided or accessed by the provider.
3. To furnish Secudty Awareness Training to its staff.
4. To ensure that all provider employees who have access to departmental information are provided a copy of CFOP 50-6 and
that they sign the DC F Security Agreement form (CF 114), a copy of which may be obtained from the contract manager,
W. Accreditation
That the department is committed to ensuring provision of the highest quality services to the persons we serve. Accordingly, the
department has expectations that where accreditation is generally accepted nationwide as a clear indicator of quality service, the
majority of our providers will either be accredited, have a plan to meet national accreditation standards, or will initiate one within a
reasonable period of time.
X. Agency for Workforce Innovation and Workforce Florida
That it understands that the department, the Agency for Workfome Innovation, and Workforce Florida, Inc. have jointly implemented an
initiative to empower recipients in the Temporary Assistance to Needy Families Program to enter and remain in gainful employment.
The department encourages provider participation with the Agency for Workforce Innovation and Workforce Florida.
Y. Health Insurance Portability and Accountability Act
Where applicable, to comply with the Health Insurance Portability and Accountability Act (42 U. S. C. 1320d.) as well as all regulations
promulgated thereunder (45 CFR Pads 160, 162, and 164),
Z. Emergency Preparedness
If the tasks to be performed pursuant to this contract include the physical care and control of clients, the provider shall, within 30 days
of the execution of this contract, submit to the contract manager an emergency preparedness plan which shall include provisions for
pre-disaster records protection, altemative accommodations for clients in substitute care, supplies, and a recovery plan that will allow
the provider to continue functioning in compliance with the executed contract in the event of an actual emergency. The department
agrees to respond in writing within 30 days of receipt of the plan accepting, rejecting, or requesting modifications. In the event of an
emergency, the department may exercise oversight authority over such provider in order to assure implementation of agreed
emergency relief provisions.
II. THE DEPARTMENTAGREES:
A. Contract Amount
To pay for contracted services according to the terms and conditions of this contract in an amount not to exceed $162.637.00, subject
to the availability of funds. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual
appropriation by the Legislature. Any costs or services paid for under any other contract or from any other source are not eligible for
payment under this contract.
B. Contract Payment
Pursuant to section 215.422, F.S., the department has five (5) working days to inspect and approve goods and services, unless the bid
specifications, purchase order, or this contract specify othenvise. With the exception of payments to health care providers for hospital,
medical, or other health care services, if payment is not available within forty (40) days, measured from the latter of the date a properly
completed invoice is received by the department or the goods or services are received, inspected, and approved, a separate interest
penalty set by the Comptroller pursuant to section 55.03, F.S., will be due and payable in addition to the invoice amount. Payments to
health care providers for hospital, medical, or other health care services, shall be made not more than thirty-five (35) days from the
date eligibility for payment is determined. Financial penalties will be calculated at the daily interest rate of .03333%. invoices returned
to a provider due to preparation errors will result in a non-interest bearing payment delay. Interest penalties less than one (1) dollar
will not be paid unless the provider requests payment.
C. Vendor Ombudsman
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office ars found in
subsection 215.422 (7), F S., which include disseminating information relative to the prompt payment of this state and assisting
vendors in receiving their payments in a timely manner from a state agency. The Vendor Ombudsman may be contacted at (850) 410-
9724 or 1-800-848-3792, the State of Florida Comptroller's Hotline.
D. Notice
Any notice, that is required under this contract shall be in writing, and sent by U.S. Postal Servica or any expedited delivery service
that provides verification of delivery or by hand delivery. Said notice shall be sent to the representative of the provider responsible for
administration of the program, to the designated address contained in this contract.
0~2~04
III.THE PROVIDER AND DEPARTMENT MUTUALLY AGREE:
A. Effective and Ending Dates
This contract shall begin on Julv 1. 2004. or on the date on which the contract has been signed by the last party required to sign it,
whichever is later. It shall end at midnight, local time in Palm Beach County, Florida, on June 30. 2005.
B. Financial Penalties for Failures to Comply with Requirement for Corrective Action.
1. In accordance with the provisions of Section 402.73(7), FIodda Statutes, and Section 65-29.001, Florida Administrative Code,
corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract.
Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans.
2. The increments of penalty imposition that shall apply, unless the department determines that extenuating circumstances exist,
shall be based upon the severity of the noncompliance, nonperformance, or unacceptable performance that generated the need for
corrective action plan. The penalty, if imposed, shall not exceed ten percent (10%) of the total contract payments during the period in
which the corrective action plan has not been implemented or in which acceptable progress toward implementation has not been
made. Noncompliance that is determined to have a direct effect on client health and safety shall result in the imposition of a ten
percent (10%) penalty of the total contract payments dudng the peded in which the corrective action plan has not been implemented or
in which acceptable progress toward implementation has not been made.
3. Noncompliance involving the provision of service not having a direct effect on client health and safety shall result in the
imposition of a five percent (5%) penalty. Noncompliance as a result of unacceptable performance of administrative tasks shall result
in the imposition of a two percent (2%) penalty.
4. The deadline for payment shall be as stated in the Order imposing the financial penalties. In the event of nonpayment the
department may deduct the amount of the penalty from invoices submitted by the provider.
C. Termination
1. This contract may be terminated by either party without cause upon no less than thirty (30) calendar days notice in wdling to the
other party unless a sooner time is mutually agreed upon in writing. Said notice shall be delivered by U.S. Postal Service or any
expedited delivery service that provides verification of deliver/or by hand delivery to the contract manager or the representative of the
provider responsible for administration of the program.
2. in the event funds for payment pursuant to this contract become unavailable, the department may terminate this contract upon
no less than twenty-four (24) hours notice in writing to the provider. Said notice shall be sent by U.S. Postal Service or any expedited
delivery service that provides verification of delivery. The department shall be the final authority as to the availability and adequacy of
funds, in the event of terminafion of this contract, the provider will be compensated for any work satisfactorily completed.
3. This contract may be terminated for the provider's non-performance upon no less than twenty-four (24) hours notice in writing to
the provider. If applicable, the department may employ the default provisions in Rule §0A-1.006(3), F,A,C. Waiver of breach of any
provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms and conditions of this contract. The provisions herein do not limit the department's fight to remedies at law or in equity.
4. Failure to have performed any contractual obligations with the department in a manner satisfactory to the department will be a
sufficient cause for termination, To be terminated as a provider under this provision, the provider must have: (1) previously failed to
satisfactorily perform in a contract with the department, been notified by the department of the unsatisfactory performance, and failed
to correct the unsatisfactory performance to the satisfaction of the department; or (2) had a contract terminated by the department for
cause.
D. Renegotiaflons or Modifications
Modifications of provisions of this contract shall be valid only when they have been reduced to writing and duly signed by both parties.
The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate
of payment when these have been established through the appropriations process and subsequently identified in the department's
operating budget.
03123/04
E. Official Payee and Representatives (Names, Addresses, and Telephone Numbers):
1. The provider name, as shown on page I of this
contract, and mailing address of the official payee to
whom the payment shall be made is:
City of Delrey Beach
100 N. W. lS~ Avenue
Delra¥ Beach, Florida 32~.~.~.
3. The name, address, and telephone number of the contract manager
for the department for this contract is:
Gloria Johnson
Substance Abuse and Mental Health Program Office
111 South Sapodilla Avenue
West Palm Beach, Florida 33401
(561) 650-6860
2. The name of the contact person and street address
where financial and administrative records are
maintained is:
Lula Butler
100 N.W. lS'Avenue
Delray Beach, Florida 32~.~.~.
4. The name, address, and telephone number of the representative of
the provider responsible for administration of the program under this
contract is:
Lula Butler
100 N. W. t'= Avenue
Delra¥ Beachr Florida 33~~.
(561) 243-7203
5. Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall be provided in writing to the
other party and the notification attached to the originals of this contract.
F. All Terms and Conditions Included
This contract and its attachments, I, II, Ill and any exhibits referenced in said attachments, together with any documents
incorporated by reference, contain all the terms and conditions agreed upon by the parties. There are no provisions, terms, conditions,
or obligations other than those contained herein, and this contract shall supersede all previous communications, representations, or
agreements, either verbal or written between the parties. If any term or provision of this contract is legally determined unlawful or
unenforceable, the remainder of the contract shall remain in full force and effect and such term or provision shall be stricken.
By signing this contract, the pa~ies agree thatthey have read and agree to the entire con~act, as described in Paragraph
III.F. above.
INWlTNESS THEREOF, the parties hereto have causedthis~page contract tobe executed bytheirundersigned offidals as duly
authorized.
PROVIDER: City of Delray Deach
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES
NAME:
t TITLE:
DATE:
STATE AG ENCY 2~ DIGI'T'/FLAIR DE: N/A
Federal ElD # (or SSN): 59-6000308 Provider Fiscal Year Ending Data: 06130.
J~hn F. McCarthy
SAMH~Program Supervisor
07/01/2004
Ci~ of Delray Beach
Performance Contract
SAMH Services Program
ATTACHMENT I
A. Services To Be Provided
1. Definition of Terms
a. Contract Terms
Refer to the Glossary in CFOP 75-2, Contract Management System for
Contractual Services, which can be found at the following web site:
http:llwww.dcf.state.fl.us/publicationslpolicies/O75-2.pdf
b. Program/Service Specific Terms
(1) ASAM PPC-2-R Florida Supplement - American Society of Addiction
Medicine, Patient Placement Criteria for the Treatment of Substance Related
Disorders, second edition, July 1, 2001, or the latest revised edition thereof.
(2) Available Appropriations - State funds for mental health and substance
abuse services and the associated local matching funds.
(3) Client (synonymous with recipients and persons who are receiving
services) - Any individual who is receiving services in any substance abuse or
mental health program whose cost of care is paid, in part or in whole, by the
department, Medicaid, or local match.
(4) Community-Based Services - Mental Health and Substance Abuse
services provided outside a state mental health facility
(5) Cost Center (synonymous with services) - A grouping of services that is
similar in time, intensity and function where the average cost for service is
generally the same. See Rule 65E-14.021(2), Florida Administrative Code
(F.A.C.) for a complete listing of approved cost centers.
(6) Department of Children & Families, Pamphlet 155-2, Mental Health and
Substance Abuse Measurement and Data, effective July, 2003 (5th edition),
or the latest revised edition thereof - A document promulgated by the
department and incorporated by reference in Rule 65E-14.002, F.A.C. that
contains required data reporting elements for substance abuse and mental
health services hereafter referred to as "CFP 155-2."
(7) Local Match - Funds received and expended from governing bodies of
local government, including city commissions, county commissions, district
school boards, special tax districts, private hospital funds, private gifts (both
Rev. 07/01/2004,~ 8 Contract No. ID057 I
07/01/2004
City of Delray Beach
Performance Contract
SAMH Services Program
individual and corporate), bequests and funds received from community
drives or any other source. See subsection 394.67(14), F.S.
(8) Missing Children Language Definitions:
a. Designee - a person, contractual provider or other agency or entity
named by the Department.
b. Exigent Circumstances - situations that require immediate actions,
such as the child is under the age of thirteen, believed to be out of the
zone of safety for their age and development, mentally incapacitated, in a
life threatening situation, in the company of others who could endanger
their welfare or is absent under circumstance inconsistent with established
behaviors.
c. Missing Child - a person who is under the age of 18 years; whose
location has not been determined; and who has been or will be reported
as missing to a law enforcement agency.
d. "Family Services Counselor - a professional position responsible for
case management for children placements. The term includes
Department of Children and Families staff and staff working for an agency
named as a designee.
(9) Performance Measures - Quantitative indicators, outcomes and outputs,
that can be used by the department to objectively measure a provider's
performance.
(10) Prorated Share - The total number of unpaid units or funds divided by
the number of months remaining between the time the prorated share is
calculated and the end date of the contract.
(11) Representative Payee - An entity who is legally authorized to receive
Supplemental Security Income, Social Security Income, Veterans
Administration benefits, or other federal benefits on behalf of a client.
(12) SAMH - Substance Abuse and Mental Health.
(13) TANF Participant - A person or family member of that person as defined
in 45 CFR Part 260 and section 414.1585 and subsection 414.0252(9), F.S.
(14) Temporary Assistance to Needy Families Program (TANF) - Cash
assistance families include any families receiving cash assistance payments
or TANF diversion services from the state program pursuant to the provisions
of section 414.045, F.S., and part A of Title IV of the Social Security Act.
Rev. 07101/2004, I 9 Contract N° ID057I
07/01/2004
City of Delray Beach
Performance Contract
SAMH Services Program
(15) Unit Measurement- Deliverables to be used in billing the department for
services. There are nine (9) different unit measurements. The definition of
each can be found in Rule 65E-14.021(5)(a), F.A.C.
(16) Verifiable Service - Documentation of service provision in compliance
with the requirements contained in Rule 65E-14.021, F.A.C.
2. General Description
a. General Statement
The services provided under this contract are community-based substance
abuse and mental health services provided to adults and children, as authorized
in section 394.74, F.S.
b. Authority
Chapters 39, 393, 394, 397, and 415 F.S provide the department with authority
to contract.
c. Scope of Service
The provider is responsible for the administration and provision of services in the
following counties: Palm Beach County
d. Major Program Goals
To promote and improve the b'ehavioral health of the citizens of the state by
making substance abuse and mental health treatment and support services
available through a community-based system of care.
3. Clients to be Served
See Exhibit A, Clients to be Served.
B. Manner of Service Provision
1. Service Tasks
a. Task List
(1) The provider shall deliver services according to the Program Description
on file in the contract manager's file and is incorporated herein by reference.
(2) The provider shall deliver units of services by program in the number
specified in Exhibit G., State Funding by Program, Activity and Cost
t Rev. 07/01/20~ ~ 10 ~ Contract No. ID057t
07/01/2004
City of Delray Beach
Performance Contract
SAMH Services Program
Center
(3) The provider shall serve the number of persons indicated in Exhibit D,
Substance Abuse and Mental Health Required Outcomes and Outputs.
(4) The provider shall use the Florida Supplement (ASAM PPC-2-R), for
assessing and placing clients receiving substance abuse treatment services.
(5) The provider shall establish a grievance procedure which applicants for,
and recipients of, services may use to present grievances to the governing
authority of the provider about services being provided under this contract.
(6) The provider shall ensure that clients discharged from state mental health
treatment facilities will be maintained on the medication that was prescribed
for them by the facility at discharge pursuant to 394.676 F.S. Maintaining
includes performing required lab tests, providing the medication, and
providing appropriate physician oversight.
(7) The provider shall ensure that clients who are receiving substance abuse
services paid for, in whole or in part, by this contract, Medicaid or local match,
shall be informed of procedures to gather follow-up information on clients
after treatment.
(a) All providers shall use the standardized informed consent form for the
follow-up survey form. See Exhibit J, Informed Consent for Follow-Up
Survey.
(b) The provider shall Contact clients at least once during the
three (3) months following discharge to update client's
information.
contact
(8) The provider shall comply with the department's Substance Abuse Family
Intervention Specialist Guidelines. The Guidelines can be obtained from the
contract manager upon request.
b. Task Limits
Services will be provided within the limits established in the provider's Pro.qram
Description.
2. Staffing Requirements
a. Staffing Levels
The provider will maintain staffing levels in compliance with applicable rules,
statutes and licensing standards.
IRev, 07/01/2004 1 1 Contract No. ID057
07/01/2004
City of Dell'ay Beach
Performance Contract
SAMH Services Program
b. Professional Qualifications
(1) The provider shall comply with applicable rules, statutes, and licensing
standards with regard to professional qualifications.
(2) The provider shall comply with sections 394.4572 and 397.451, F.S., with
regard to screening and fingerprinting of mental health and substance abuse
personnel.
c. Staffing Changes
The provider shall notify the contract manager, in writing, of staffing changes
regarding the positions of Chief Executive Officer, Chief Operating Officer
and Chief Financial Officer pursuant to 65E-14.021(8)(d)(5) F.A.C.
d. Subcontractors
(1) This contract does allow the provider to subcontract for some or all of the
services contained in this contract. All applicable clauses and/or contract
requirements contained in the standard contract and its attachments shall
be passed on to the subcontractor.
(2) Providers that subcontract out any or all of the services, under their
contract with the department, shall monitor those subcontractors on an
annual basis. The provider a.qrees to schedule and monitor all
subcontractors, as related to this contract, prior to the date set for the
provider's site visit by the department.
(3) The provider shall submit a list of all subcontractors, under this contract,
within 45 days of execution of contract.
3. Service Location and Equipment
a. Service Delivery Location
(1) The location of services will be as specified in the Program Description
pursuant to 65E-14.021(8)(d)d.lll.
(2) The provider shall notify the contract manager, in writing, of changes to
service delivery location pursuant to 65E-14.021(8)(d)(5) F.A.C.
b. Service Times
(1) The days and times will be as specified in the Program Description.
07/01/2004
City of Delray Beach
Performance Contract
SAMH Services Program
(2) The provider shall notify the contract manager, in writing, of any changes
in days and times where services are being provided pursuant to 65E-
14.021(8)(d)(5) F.A.C.
c. Changes in Location
The provider shall notify the contract manager, in writing, of any changes in
locations where services are being provided pursuant to 65E-14.021(8)(d)(5)
F.A.C.
d. Equipment
The provider agrees to furnish all appropriate equipment necessary for the
effective delivery of the services purchased.
4. Deliverables
a. Service Units
The provider agrees to deliver the service units specified in Exhibit G, State
Funding by Program, Activity and Cost Center.
b. Records and Documentation
The provider agrees to protect confidential records from disclosure and to protect
client confidentiality in accordance with subsections 397.501(7), 394.455(3),
sections 394.4615, and 414.295, F.S.
c. Reports
(1) The provider shall submit to the department financial and programmatic
reports specified in Exhibit C, Required Reports by the dates specified.
(2) The provider shall submit, pursuant to subsection 394.74(3)(e), F.S. and
Rule 65E-14.022, F.A.C., demographic, admission, discharge, enrollment,
placement, service, and performance outcome data electronically as
specified in CFP 155-2.
(3) Upon request, the provider shall submit to the department information
regarding the amount and number of services paid for by the Community
Mental Health Services Block Grant and/or the Substance Abuse Prevention
and Treatment Block Grant.
(4) The provider shall ensure that its audit report will include the standard
schedules that are outlined in Rule 65E-14.003, F.A.C.
Rev. 07/01/2004~,~ 13 Contract No. ID057 I
07/01/2004
City of Delray Beach
Performance Contract
SAMH Services Program
(5) The provider shall ensure that the engagement of the independent audit
contains a review of a SAMH contract.
(6) Delivery of reports shall not be construed to mean acceptance of those
reports; acceptance, in writing, of required reports shall constitute a separate
act and shall be approved by the contract manager as such. The department
reserves the right to reject reports as incomplete, inadequate or
unacceptable.
5. Performance Specifications
a. Performance Measures
The provider shall meet the performance standards and required outcomes
specified in Exhibit D, Substance Abuse and Mental Health Required
Outcomes and Outputs..
b. Performance Measurement Terms
CFP 155-2 provides the definitions of the data elements used for various
per[ormance measures and contains policies and procedures for submitting the
required data into the department data system.
c. Performance Evaluation Methodology
(1) Providers collect information and submit performance data and individual
client outcomes, to the department data System in compliance with CFP 155-
2 requirements. Performance outcome results are drawn from this system by
department staff and are reported back to the provider monthly via the district
program office. The specific methodologies for each performance measure
will be furnished upon request by the contract manager.
(2) By execution of this contract the provider hereby acknowledges and
agrees that its performance under the contract must meet the standards set
forth above and will be bound by the conditions set forth in this contract. If
the provider fails to meet these standards, the department, at its exclusive
option, may allow up to six (6) months for the provider to achieve compliance
with the standards. If the department affords the provider an opportunity to
achieve compliance, and the provider fails to achieve compliance within the
specified time frame, the department must cancel the contract in the absence
of any extenuating or mitigating circumstances. The determination of the
extenuating or mitigating circumstances is the exclusive determination of the
department. The contract manager will monitor the standards and outcomes
specified in Exhibit D, Substance Abuse and Mental Health Required
Rev. 07/01/2004~ ~ I 14 J Contract No. ID057
07/01/2004
City of Delray Beach
Performance Contract
SAMH Services Program
Outcomes and Outputs, during the contract period, to determine if the
provider is achieving the levels that are specified.
6. Provider Responsibilities
a. Provider Unique Activities
(1) The provider will ensure that the invoices submitted to the department
reconcile with the amount of funding and services specified in this contract as
well as the agency's audit report and client information system.
(2) The provider agrees to comply with all other applicable federal laws, state
statutes and associated administrative rules as may be promulgated or
amended. See Exhibit F, Minimum Service Requirements.
(3) If the provider is the representative payee for Supplemental Security
Income, Social Security Administration, Veterans Administration, or other
federal benefits on behalf of the client, the provider agrees to comply with the
applicable federal laws including the establishment and management of
individual client trust accounts (20 CFR 416 and 31 CFR 240).
(4) Pursuant to section 402.73, F.S., the provider agrees to maintain data on
the performance standards specified in Exhibit D, Substance Abuse and
Mental Health Outcomes and Outputs, for the types of services provided
under this contract and shall submit such data to the department upon
request. Data submission requirements can be found in CFP 155-2.
(5) A provider that receives federal block grant funds from the Substance
Abuse Prevention and Treatment or Community Mental Health Block Grants
agrees to comply with Subparts I and II of Part B of Title XIX of the Public
Health Service Act, sections 42 U.S.C. 300x-21 et seq. (as approved
September 22, 2000) and the Health and Human Services (HHS) Block Grant
regulations (45 CFR Part 96).
(6) If required by 45 CFR Parts 160, 162, and 164, the following provisions
shall apply pursuant to 45 CFR 164.504(e)(2)(ii):
(a) The provider hereby agrees not to use or disclose protected health
information (PHI) except as permitted or required by this contract, state or
federal law.
(b) The provider agrees to use appropriate safeguards to prevent use or
disclosure of PHI other than as provided for by this contract or applicable
law.
(c) The provider agrees to report to the department any use or disclosure
07/01/2004
City of Delray Beach
Performance Contract
SAMH Sen/ices Program
of the information not provided for by this contract or applicable law.
(d) The provider hereby assures the department that if any PHI received
from the department, or received by the provider on the department's
behalf, is furnished to provider's subcontractors or agents in the
performance of tasks required by this contract, that those subcontractors
or agents must first have agreed to the same restrictions and conditions
that apply to the provider with respect to such information.
(e) The provider agrees to make PHI available in accordance with 45 CFR
164.524.
(f) The provider agrees to make PHI available for amendment and to
incorporate any amendments to PHI in accordance with 45 CFI:{ 164.526.
(g) The provider agrees to make available the information required to
provide an accounting of disclosures in accordance with 45 CFR 164.528.
(h) The provider agrees to make its internal practices, books and records
relating to the use and disclosure of PHI received from the department or
created or received by the provider on behalf of the department available
for purposes of determining the provider's compliance with these
assurances.
(i) The provider agrees that at the termination of this contract, if feasible
and where not inconsistent with other provisions of this contract
· concerning record retention, it will return or destroy all PHI received from
the dePartment or received by the provider on behalf of the department,
that the provider still maintains regardless of form. If not feasible, the
protections of this contract are hereby extended to that PHI which may
then be used only for such purposes as to make the return or destruction
infeasible.
(j) A violation or breach of any of these assurances shall constitute a
material breach of this contract.
(7) Reporting of Missing Children
The provider agrees to instruct caregivers (including relatives and non-
relatives) to immediately do the following, as applicable, and document
their attempts upon discovering a child under their care is missing:
(a) If exigent circumstances exist, the caregiver will call local law
enforcement as soon as the determination is made that the child is
missing and ask the officer to:
IRev. 07/01/2004 16 Contract No D057. I
07/01/2004
City of Delray Beach
Pen~ormance Contract
SAMH Sen~ices Program
(b) Take a report of the missing child.
(c) Assign a case number and provide the number back to the caregiver
or person reporting the child missing.
(d) Provide a copy of the law enforcement case report, when it is
available.
(e) If the responding law enforcement officer refuses to take a missing
child report, for any reason, the caregiver will request to speak to the
appropriate Watch Commander and document the officer's name and
specific local law enforcement agency name. If the Watch Commander
refuses to take a missing child report, the caregiver will immediately
contact the family services counselor or on-call staff to report this
information. The counselor will report this information to the FDLE-MClC
contact person who will contact FDLE to request assistance in obtaining
the missing child report.
(f) The caregiver will notify the child's family services counselor or
emergency on-call staff and share all pertinent information listed above
with emphasis on providing the law enforcement agency name, case
number and if available a copy of the law enforcement report.
(2) If exigent circumstances do not exist, the caregiver will within the first
hour check to see what, if any, of the child's personal belongings are missing
or if the child left a note; and,
(a) Call the following persons as appropriate to ascertain if the child has
been seen, or has given any indications that may explain the child's
missing status:
i. School/child's teachers and school resource officer;
ii. The child's relatives/parents, both local and non-local, if appropriate
and the caregiver has the means for such contact;
iii. Any friends or places that the child generally frequents, the local
runaway shelter (if there is one in the community); and,
iv. The child's employer, if applicable.
(b) Write down any information gathered that might help locate the child.
i. Provide telephone/beeper numbers and ask for the individuals
above to call back and share information if they have further
information or see the child.
IRev. 07/01/2004 17 Contract No. ID057 I
07/01/2004
City of Delray Beach
Performance Contract
SAMH Services Program
ii. Write down what the child was wearing the last time the child was
seen and obtain a recent photo.
iii. Notify the child's family services counselor or emergency on-call
staff and share all pertinent information listed above with emphasis on
providing the law enforcement agency name and case number if
available.
(3) If at any time the child returns to the caregiver home, all law enforcement
agencies and other agencies notified that the child was missing must be
contacted immediately. If at any time new information is obtained on the
child's location, all law enfomement agencies and other agencies notified that
the child was missing must be contacted immediately and appropriate efforts
taken to return the child to the caregivers' home.
b. Coordination with other Providers/Entities
The provider agrees to coordinate with other providers and state entities as
follows:
(1) The provider hereby agrees to develop and implement a system of care
with the department's contracted Community Based Care providers within
their communities through the execution of a departmental approved
Memorandum of Understanding (MOU). The intent of the MOU is to establish
a formal linkage of partnerships with a shared vision for improving outcomes
for families involved in the child welfare system by providing integrated
community support and services.
(2) The Memorandum of Understanding shall be submitted to the SAMH
contract manager within ninety (90) days of contract execution.
(3) The failure of other providers or entities does not alleviate the provider
from any accountability for tasks or services that the provider is obligated to
perform pursuant to this contract.
c. Minimum Service Requirements
See Exhibit F, Minimum Service Requirements
7. Department Responsibilities
a. Department Obligations
The department will participate in the collaborative development and
implementation of the MOU with the Community Based Care and Substance
07101/2004
City of Delray Beach
Performance Contract
SAMH Services Program
Abuse and Mental Health providers to ensure the integration of services and
support within the community. The department will support the development and
implementation of the MOU by providing an example of an MOU, system of care
information, data reporting requirements and technical assistance.
b. Department Determinations
The department has exclusive authority to make the following determination(s)
and to set the procedures that the provider must follow in obtaining the required
determination(s):
(1) Tarqet Populations as outlined in Exhibit D and Pro.qram Descriptions.
(2) Acceptance and approval of reports as required on Exhibit C.
{3) Acceptance and approval of provider's Proqram Description.
c. Monitoring Requirements
The provider will be monitored in accordance with 394.741 F.S.
C. Method of Payment
See Exhibit B, Method of Payment.
D. Special Provisions
1. Fee Schedule
The provider shall comply with the provisions of Rule 65E-14.018, F.^.C. A copy of
the sliding fee scale that reflects the uniform schedule of discounts referenced in
65E-14.018(4) shall be furnished by the provider to the contract manager within
thirty (30) days of contract execution.
2. Service Provision Requirements for Substance Abuse Prevention and
Treatment Block Grants
a. If funding is received from the Substance Abuse Prevention and Treatment
Block Grant, the provider also agrees to comply with the data submission
requirements outlined in CFP 155-2, Appendix Q.
b. The provider shall make available, either directly or by arrangement with
others, tubemulosis services to include counseling, testing and referral for
evaluation and treatment
c. Funds under this grant may be used to support substance abuse treatment
services for individuals with a co-occurring mental disorder as long as the funds
allocated are used to support substance abuse prevention and treatment
Rev. 07/01/2004 I 19 Contract No. ID057I
07/01/2004
City of Delray Beach
Performance Contract
SAMH Services Program
services and can be tracked to the specific substance abuse activity as listed in
Exhibit G, State Funding by Program, Activity and Cost Center,
d. If funding is received from the Substance Abuse Treatment and Prevention
Block Grant, the provider is required to participate in the State's Peer Review
process to assess the quality, appropriateness, and efficacy of treatment
services provided to individuals under this contract pursuant to 45 CFR 96.136.
3. Indigent Drug Program
If the provider receives funding under the Indigent Drag Program, the provider must:
a. Ensure that all funds allocated for use of purchasing psychotropic medications
or medications accessed through line of credit from the Indigent Drug Program
(IDP) are used for individuals who meet any of the following criteria:
{1) Have an annual income that is at or below 150% of the Federal Poverty
Income Guidelines, as published annually in the Federal Register.
(2) Have no liable third-party insurance or other source of psychotropic
medications available, nor is the individual a participant in a program where
psychotropic medications are paid for by any other funding source.
{3) If the individual has third party insurance for psychotropic medications but
has temporarily been denied benefits for these medications, they may receive
IDP medications until such time as eligibility has been reestablished.
b. Actively participate in patient assistance programs for atypical antipsychotic
medications offered by Eli Lilly, AstraZeneca, Janssen or other pharmaceutical
manufacturers that agree to participate in the Indigent Psychiatric Medication
Reform Plan and are made known to the provider.
c. Participate in training noticed by the department for the purposes of explaining
how to access participating manufacturers' patient assistance programs.
4. Transportation Disadvantaged
The provider agrees to comply with the provisions of Chapter 427, F.S., Part I,
Transportation Services, and Chapter 41-2, F.A.C., Commission for the
Transportation Disadvantaged, if public funds provided under this contract will be
used to transport clients. The provider agrees to comply with the provisions of
CFOP 40-5 if public funds provided under this contract will be used to purchase
vehicles which will be used to transport clients.
IRev. 07/01/2004 20 Contract No. ID057 I
07/01/2004
City of Delray Beach
Performance Contract
SAMH Services Program
5. Credentialing and Recredentialing Process
Contract providers are required to develop and implement a Credentialinq and
Recredentialinq process to select and evaluate the practitioners who participate
within its delivery system. Included, but not limited to, are psychiatrists,
addiction specialists, psychologists, clinical social workers, psychiatric nurses,
and other behavioral healthcare practitioners who are authorized by the State of
Florida to practice within the scope of their licensure requirements.
6. Coordination of District Initiatives
The provider aqrees to coordinate activities, as they relate to services provided
under this contract, with other providers and state entities as follows (list is not all
inclusive): Department of Juvenile Justice, Palm Beach County School District,
and substance abuse and mental health service providers located in Palm Beach
County. Additionally, SAMH contracted providers are expected to participate in
the planninq, implementation and evaluation of the Family HOPE system of care
design activities as requested by the SAMH ProRram Office.
The provider must develop and implement a system of care, with the
department's contracted Florida Assertive Community Team (FACT), within their
catchment areas through the execution of a department approved Memorandum
of Understanding (MOU). The intent of the MOU is to establish a formal linkage
of partnerships with a shared vision for improving outcomes for adults with
severe persistent mental illness, and co-occurring disorders, and their families.
7. Policy and Procedure Manuals
Comprehensive Policy and Procedure Manuals must be developed and
maintained by the provider. All manuals must include the specific requirements
necessary to address accounting, purchasing, personnel, and
programmatic/clinical components of the agency's practices. All manuals should
contain an overview pare describing the purpose of the manual, a table of
contents, numbered pages, be revised/updated requtarly and should reflect
approval (with dates) by the board of directors (or designee).
8. Reporting of Fraud
The provider agrees to notify the department if an employee is convicted of
fraud. As defined in CFOP 180-4, "Fraud" means to commit an intentional
violation of law or a deliberate misrepresentation or concealment so as to secure
unfair or unlawful financial or personal Rain.
Rev. 07/01/2Q04 I 21 Contract No. ID057
07/01/2004
City of Delray Beach
E. List of Exhibits
1. Exhibit A, Clients to be Served (HC02)
2. Exhibit B, Method of Payment (HC02)
3. Exhibit C, Required Reports
4. Exhibit D, Substance Abuse and Mental Health Required Outcomes and
Outputs
5. Exhibit E-I, Substance Abuse and Mental Health Services Monthly Non-TANF
Advance/Payment Request (HC02) and Exhibit E-2, Substance Abuse and Mental
Health Services TANF Monthly Invoice (HC02) - N/A (not applicable and not
attached)
6. Exhibit F, Minimum Service Requirements
7. Exhibit G, State Funding by Program, Activity and Cost Center (HC02)
8. Exhibit H, Funding Detail (HC02)
9. Exhibit I, Unusual Incident Reporting and Client Risk Prevention
10. Exhibit J, Informed Consent for Follow-up Survey
11. Exhibit K, TANF Guidelines - N/A (not applicable and not attached)
Performance Contract
SAMH Services Program
Rev. 07/01/2004_,,. 22 Contract No. ID057
07/01/2004
Client Non-Specific
Performance Contract
SAMH Services Program
Exhibit A
Clients to be Served
A. General Description
The provider agrees to provide services funded by this contract to the
target population(s) that checked below:
[] Adult Mental Health - Forensic Involvement
[] Adult Mental Health - Severe and Persistent Mental Illness
[] Adult Mental Health - Serious and Acute Episodes of Mental Illness
[] Adults with Mental Health Problems
[] Children's Mental Health - Seriously Emotionally Disturbed
[] Children's Mental Health - Emotionally Disturbed
[] Children's Mental Health - At Risk of Emotional Disturbance
[] Adults with Substance Abuse Problems
[] Adults at Risk of Substance Abuse Problems
[] Children with Substance Abuse Problems
[] Children at Risk of Substance Abuse Problems
B. Client Eligibility
The provider agrees that all persons meeting the target population
descriptions in the paragraph above are eligible for services based on the
availability of resources. A detailed description of each target population
is contained in CFP 155-2.
C. Client Determination
(1) Determination of client eligibility is exclusively the responsibility of
the provider.
D. Contract Limits
('1) The provider is not authorized to bill the department for more units
than are specified in Exhibit G, State Funding by Program, Activity
or Cost Center, or for more units than can be purchased with the
amount of funds specified in Exhibit G.
07/01/2004
(2) The department may unilaterally increase or decrease the initial
23 PSMA I HC02
Contract No. ID057
07101/2004
Client Non-Specific
Performance Contract
SAMH Services Program
number of units specified in Exhibit G, up to ninety (90) days after the
contract's effective date, based on the availability of state funding.
(3) The provider agrees that funds provided in this contract will not be
used to serve persons outside the target population(s) specified in the
paragraph, above.
(4) Services provided under this contract are limited by the availability
of funds. The provider may not authorize or incur indebtedness on
behalf of the department.
07/01/2004
24 PSMA I HC02
Contract No. ID057
07/01/2004
City of Delray Beach
1. Payment Clauses
Client Non-Specific Performance Contract
SAMH Services Program
EXHIBIT B
Method of Payment
a. This is a fixed price (unit cost) contract. The department shall pay the
provider for the delivery of service units provided in accordance with the
terms and conditions of this contract for a total dollar amount not to
exceed $162,637.00, subject to the availability of funds
b; The department shall pay for the service units at the unit price(s) and
limits listed on Exhibit G, State Funding by Program, Activity and Cost
Center, totaling $162,637.00, subject to the availability of funds.
c. The provider shall provide local match up to the amount specified in
Exhibit H, Funding Detail.
d. The department shall reduce or withhold funds pursuant to Rule 65E-
29.001, F.A.C., if the provider fails to comply with the terms of the contract
and/or fails to submit client enrollment, demographic, service or outcome
information as required in subsection 394.74(3)(e) F.S., CFP 155-2 and
Rule 65E-14, F.A.C. (By the due date listed on Exhibit C, Required
Reports .)
e. The department's decision to reduce or withhold funds will be submitted
to the provider in writing. The written notice will specify the manner in
which the provider has failed to comply with the terms of the contract.
When compliance is achieved, withheld funds will be reinstated to the
provider.
f. If a provider closes or suspends the provision of services funded by this
contract, the provider agrees to notify the department in writing thirty (30)
calendar days prior to their intent to close, suspend or end service(s). If
the provider fails to notify the department, the provider hereby agrees not
to request payment for services provided in prior months if the actual
number of services in the month for which payment is being requested is
less than twenty-five percent (25%) of the prorated amount of services by
cost center as given in Exhibit G, State Funding by Program, Activity
and Cost Center or twenty-five percent (25%) of the prorated share of the
amount of funding as specified in Exhibit G, State Funding by Program,
Activity and Cost Center.
Rev. 07/01/2004 25 PSMA I HC02
Contract No. ID057
07/01/2004
City of Delray Beach
2. Advance Payment
Client Non-Specific Performance Contract
SAMH Services Program
The department may approve release, at its sole discretion, more than the
monthly-prorated share of the contract amount when the provider submits a
written request justifying the release of additional funds, and (if) funds are
available.
3. Medicaid Billing
a. The department and the provider specifically agree and acknowledge
that the Medicaid Program is the payer of last resort, and
b. For Medicaid purposes, the department shall not be considered a liable
third party for Mental Health and Substance Abuse Program payments
funded through the department;
c. In no event shall the provider bill the Medicaid program for services or
expenses for Medicaid recipients for which the provider has already been
paid by any other liable third party payor;
d. Provider services covered under the Flodda Medicaid program for
Medicaid recipients may be billed to the Medicaid Program by the
provider, unless the provider is already being paid by any other liable third
party;
e. Authorized provider services to non-Medicaid recipients, or for non-
Medicaid covered services, may only be billed to the department or any
other non-Medicaid first or third party payor; ·
f, The Medicaid enrolled provider may not bill the department for Medicaid
covered services provided to Medicaid eligible recipients;
g. The provider shall identify and report Medicaid earnings separate from
all other fees;
h. Medicaid earnings cannot be used as local match;
i. The provider shall ensure that Medicaid payments are accounted for in
compliance with federal regulations;
j. In no event shall both Medicaid and the department be billed for the
same service;
k. The provider operating a residential treatment facility licensed as a
crisis stabilization unit, detoxification facility, short-term residential
treatment facility, residential treatment facility Levels I or 2, or therapeutic
Rev. 07/01/2004 26 PSMA 1 HC02
.-, Contract No. ID057
07/01/2004
City of
Client Non-Specific Performance Contract
SAMH Services Program
Delray Beach
group home that is greater than 16 beds is not permitted to bill or
knowingly access Medicaid for any services for recipients while in these
facilities; and
I. The provider operating a children's residential treatment center of
greater than 16 beds is not permitted to bill or knowingly access Medicaid
for any services for recipients in these facilities except as permitted under
the Medicaid State Inpatient Psychiatric Program Waiver.
4. Temporary Assistance to Needy Families (TANF) Billing
The provider agrees to comply with applicable parts of Part A or Title IV of
the Social Security Act and ensure that TANF funds are expended for
TANF participants as outlined in Exhibit K. The contract shall specify the
unit cost rate for each cost center contracted for TANF funding, which
shall be the same rate as for non-TANF funding, but the contract shall not
specify the number of TANF units or the amount of TANF funding for
individual cost centers.
5. Payments from MCO and HMO Organizations
Unless waived in section D (Special Provisions) of this contract, the
provider agrees that subcapitated rates from either a managed care
organization (MCO) or a health maintenance organization (HMO) will be
considered to be "third party payer" contractual fees as defined in Rule
65E-14.001(2)(z), F.A.C. Units of services which are covered by the
subcapitated contracts and provided to persons covered by these
subcapitated contracts must not be billed to the department.
6. Flexible Payment Provision
a. The provider is authorized, within approved cost centers, to bill the
department for eligible service units, up to a maximum of 15% more than
the funding level specified on Exhibit G, State Funding by Program,
Activity and Cost Center, The aggregate cost center billings and
payments within a Program Activity must not exceed the total contracted
Program Activity funding.
b. The district SAMH program supervisor may deny invoicing flexibility
provisions only pursuant to the parameters outlined in Rule 65E-
14.021(10)(b)(3) sub-parts (c)'and (d), F.A.C. Those cost centers denied
flexibility are identified on Exhibit G, State Funding by Program,
Activity and Cost Center.
c. The following Substance Abuse and Mental Health cost centers are
exempt from these flexibility provisions: FACT Teams, Outpatient
Rev. 07/01/2004 27 PSMA I HC02
Contract No. ID057
07/01/2004 Client Non-Specific Performance Contract
SAMH Services Program
City of Delray Beach
Detoxiflcation, Substance Abuse Detoxification, Inpatient, Crisis
Stabilization, Crisis Support/Emergency and Short Term Residential
Treatment.
7. Invoice Requirements
The provider shall request payment monthly through submission of a
properly completed invoice, Exhibit E-I, and/or Exhibit E-2 within thirty
(30) days following the end of the month for which payment is being
requested for the delivery of service.
The provider's final invoice must reconcile actual service units provided
during the contract period with the amount paid by the department.
Except as provided in paragraphs 1.e. and 2., the total number of monthly
service units paid under this contract can not exceed the monthly prorated
share of units as specified in Exhibit G, State Funding by Program,
Activity and Cost Center or prorated share of amount of funding as
specified in Exhibit G.
8. Supporting Documentation
The provider agrees to maintain service documentation for each service
billed to the department pursuant to this contract. Proper service
documentation for each SAMH cost center is outlined in Rule 65E-
14.021(7), F.A.C.
The department and the Chief Financial Officer reserve the right to
request supporting documentation at any time after actual units have been
delivered.
9. MyFIorida MarketPlace Transaction Fee
This contract/item is exempt from the MyFIoddaMarketPlace Transaction
Fee in accordance with 60A-1.032 (1)(e), F.A.C.
Rev. 07/01/2004 28 PSMA I HC02
-. Contract No. ID057
07/01/2004
City of Dclray Beach
SAMH Services Program
Provider Name: City of Delra¥ Beach
I
EXHIBIT C
REQUIRED REPORTS
Contract No. ID057 Date: 06/07/04 Amendment No. N/A
Due Date I # of Copies I Send to:
Re ~orte Required For All Providers
Response to Monitoring Reports and Corrective Action Within 30 days of I Contract Manager
Plans receipt of report
Sliding Fee Scale [reflecting the uniform schedule of Within 30 days afar I Contract Manager
discounts referenced in 65E-14.018(4)] contract execution
Agency Service Capacity Report
Final FY 2004-2005 Within 30 days after I Contract Manager
conuact execution
Draft FY 2005-2006 May 1, 2006 I Contract Manager
Projected Cost Center Operating and Capital Budget
Final FY 2004-2005 Within 30 days after 1 Contract Manager
contract execution
Draft FY 2005-2006 May 1, 2006 I Contract Manager
Program Description
Final FY 2004-2005 Within 30 days after 1 Contract Manager
Draft FY 2005-2006 May 1, 2006 I Contract Manager
Cost Center Personnel Detail Report
Final FY 2004-2005 Within 30 days after 1 Contract Manager
Draft FY 2005-2006 May 1, 2006 I Contract Manager
Monthly Data Required by CFP 155-2 Within 15 days after Electronic Mental Health Program
end of month Submission Office as appropriate
Unusual Incident Report Within 24 hours of I to District As per Exhibit !
Reportn Required for Substance Abuse Providers
Annum Prevention Services Report SAPT Block Grant 45 days after end of 1 to District Contract Manager
SFY I to Program Substance Abuse Program
Office Office
District Required Reports
Prevention Status Report 15 days after thc end I Contract Manager
of the month
Quality Assurance Plan 2 weeks after I Contract Manager
contract's effective
date
Agency Disaster Plan Within 30 days of I Contract Manager
contract execution
07101/2004 ~ PSMAI No. HC02
Contract Page 29 Contract No. ID057
07/01/2004
City of Delmy Beach
SAMH Services Program
Exhibit D
Substance Abuse and Mental Health Required Outcomes/Outputs
Provider Name: City of Delmy Beach Contract #: ID057 Date: 05/21/04 Revision #: I
1. Mental Health Contracted Services
A. Required Performance Standards for Each Target Population
(Including all clients paid for by SAMH, Medicaid and Local Match)
Minimum
Numbers to Be Served
1. Adult Mental Health - N/A
a. Severe and Persistent Mental Illness
b. Crisis
1. Adults with Serious and Acute Episodes of Mental Illness
2. Adults with Mental Health Problems
c. Forensic Involvement
N/A
N/A
N/A
N/A
N/A
N/A
2. Children's Mental Health - N/A
a. Seriously Emotionally Disturbed
b. Emotionally Distaffbed
c. At Risk of Emotional Disturbance
B. Required GAA Outcomes for Each Target Population
1. Adult Mental Health - Severe and Persistent Mental Illness - N/A
a. Average annual number of days (post admission assessments) spent in the community will be at least: N/A
b. Average annual number of days (post admission assessments) worked for pay will be at least: N/A
2. Adult Mental Health - Adults with Serious and Acute Episodes of Mental Illness and Adults with Mental Health
Problems (Crisis) - N/A
a. Median length of stay for adults in a CSU/lnpaticnt unit will be no more than N/A.
3. Adult Mental Health - Forensic Involvement- N/A
a. Percent of persons who violate their Chapter 916, F.S., conditional release and are recommitted shall be no
more than N/A percent.
b. Average annual number of days (post admission assessments) spent in the community will be at least N/A.
4. Children's Mental Health - Seriously Emotionally Disturbed - N/A
a. Average annual number of days (post admission assessments) spent in the conununity will be at least N/A.
b. Percent of children who improve their level of functioning will be at least N/A.
5. Children's Mental Health -Emotionally Disturbed - N/A
a. Average annual number of days (post admission assessments) spent in the community will be at least N/A.
b. Percent of children who improve their level of functioning will be at least N/A.
C. Required Internal Measures Not Included in the General Appropriations Act/Implementing Bill
1. Data Submission Outcomes for Mental Health - N/A
a. All Population Groups
(1) At least 95% of clients served will have at least one corresponding mental health outcome measure record.
b. Adults: Forensic, SPMI, Crisis
(1) At least 95% of adults will have community days reported
(2) At least 95% of adults will have work days reported
(3) At least 95% of adults will have all three income categories reported
(4) At least 95% of adults wilt have GAF scores reported
Exhibit Page I of 2
Contract Page No. 30
PSMA! No. HC02
Contract No. ID057
· 07/1/2(~04 Performance Contract
SAMH Services Program
Exhibit D (continued)
Substance Abuse and Mental Health Performance Measures
Provider Name: City of Delray Beach Contract #: ID057 Date: 05/21/04 Revision #: 1
c. Children: SED, ED, At Risk (1) At least 95% of children will have community days reported
(2) At least 95% _of children will have both school days categories reported.
(3) At least 95% _of children will have CGAS reported.
(4) At least 95% of children will have DJJ conunitment status reported.
I1. Substance Abuse Contracted Services
A. Required Performance Standards for Each Target Population
(Including all clients paid for by SAMH Medicaid and Local Match)
Minimum
Numbers to Be Served
1. Adult Substance Abuse*
a. Adults At-Risk for Developing Substance Abuse (prevenfien-unduplicated estimate)
b. Adults With Substance Abuse
1) Adult clients to be served in dctoxification (Cost Centers 24, 32)
2) Adult clients to be served in non-residential/residential treatment
(Cost Centers 4, 5, 6, 8, 12, 14, 18, 19, 21, 25, 35, 36, 37, or 35)
3) Adult clients to complete non-residential/residential treatment
(Discharge Codes 1, 2, 6, 7, 10, 11, 13)
4) Adults 60 and older served (Age at Admission)
5) Adult clients to be served who arc involved with Family Safety (establish baseline)
230
N/A
N/A
N/A
N/A
N/A
N/A
2. Children's Substance Abuse*
a. Children At-Risk for Developing Substance Abuse
1 ) Children to be served in indicated prevention services (Cost Center 17)
2) Children to bc served in selective/universal (unduplicated estimate)
(CLFC Program - 80 children/80 Adults)
b. Children With Substance Abuse
1 ) Children to be served in detoxification (Cost Centers 24, 32)
2) Children to be served in non-residential/residential treatment
(Cost Centers 4, 5, 6, 8, 12, 14, 18, 19,20,21,25, 35, 36, 37, or 38)
3) Children to complete non-residential/residential treatment
(Discharge Codes 1, 2, 6, 7, 10, 11, 13)
4)
Children to be served who are involved with Family Safety (establish baseline)
N/A
80
N/A
N/A
N/A
N/A
N/A
* To be officially counted as served clients must have service events recorded in the SAMH Data Warehouse
during the fiscal year. Client counts must be unduplicated within each standard.
B. Required Performance Standards for Adult and Children's Substance Abuse Services**
1. Adult Substance Abuse
a. At least N/A percent of adults discharged will successfully complete treatment with no alcohol and other chug
use during the month prior to discharge. (Sum of Discharge Codes 1, 10 and 13 divided by total in 1 .b.3.)
b. At least N/A percent of adults discharged fi.om treatment will be employed upon discharge. (At Discharge,
Sam of Employment Codes I and 2 divided by Sum of Employment Codes 1, 2, 3 and 5)
2. Children's Substance Abuse
a. At least N/A percent of children discharged will successfully complete treatment with no alcohol and other
drug use during the month prior to discharge. (Sum of Discharge Codes 1, 10 and 13 divided by total in 2.b.3.)
Exhibit Page 2 of 2 PSMAI No. HC02
Contract Page No. 31 Contract No. ID057
32
34
07101/2004
City of Delray Beach
Performance Contract
SAMH Services Program
EXHIBIT F
Minimum Service Requirements
The provider and its subcontractors shall be knowledgeable of and fully comply
with all applicable state and federal laws, rules and regulations, as amended
from time to time, that affect the subject areas of the contract. Authorities include
but are not limited to the following:
I. PROGRAMMATIC AUTHORITY (FEDERAL)
A. Mental Health
42 U,S.C. 300x to 300x-9
http://www4.1aw.cornell.edu/uscode/42/ch6AschXVIIp B.html
B. Substance Abuse Prevention and Treatment Block Grant (SAPTBG)
42 U.S.C. 300x-21 to 300x-35 and 300x-51 to 300x-66
http:l/www4.1aw.comell.eduluscode/
45 CFR 96.120 - 137
http://www.access.,qpo.,qov/nara/cfr/waisidx 03/45cfr96 03.html
Restrictions on expenditures of SAPTBG
45 CFR 96.135
http://www.access.,qpo.,qov/nara/cfr/waisidx 03/45cfr96 03.htm
C. Substance Abuse-Confidentiality
42 CFR Chapter 2
http://www.access.(3oo.(3ov/nara/cfr/waisidx 03/42cfr2 03.html
D. Health Insurance Portability and ACcountability Act (HIPAA)
45 CFR 164
http://www.access.,qpo.,qov/nara/cfr/waisidx 03/45cfr164 03.html
E. Social Security Income for the Aged, Blind and Disabled
20 CFR 416
http://www.access.,qpo..qov/nara/cfr/waisidx 03/20cfr416 03.html
07/01/'2004 Page 1 of 6 PSMAi No. llC02
Contract Page Contract No. ID057
07/01/2004 Performance Contract
City of Delray Beach SAMH Services Program
F. Endorsement and payment of checks drawn on the United States
Treasury
31 CFR 240 relating to SSA
http:llwww.access.,qpo.,qov/nara/cfrlwaisidx 03/31cfr240 03.html
G. Temporary Assistance to Needy Families (TANF)
Part A, Title IV of the Social Security Act
45 CFR Part 260 ,
http:llwww.access.,qpo.,qovlnaralcfrlwaisidx 03/45cfr260 03.html
Section 414.1585, F.S.
http :llwww.flsenate. Rovlstatuteslindex.
H. Projects for Assistance in Transition Homelessness (PATH)
Public Health Services Act, title V, Part C, Section 521, as amended
42 U.S.C. 290cc-21 et. seq.
http:/Iwww4.1aw.comeli.eduluscode/
Stewart B. McKinney Homeless Assistance Amendments Act of 1990,
Public Law 101-645
http:llthomas.loc..qovlc.qi-binlbdquery
II. FLORIDA STATUTES
All State of Florida statutes can be found at the following website:
http:/Iwww.flsenate.,qov/statuteslindex.
A. Child Welfare and Community Based Care
CH 39
CH 119
CH 402
s. 402.3057
CH 435
CH 490
CH 491
s. 414.295
CH 1002
Proceedings Relating to Children
Public Records
Health and Human Services; Miscellaneous
Provisions
Persons not required to be refingerpdnted or
rescreened
Employment Screening
Psychological Services
Clinical, Counseling and psychotherapy services
Public Records Exemptions
Compulsory School Attendance
07/01/2004
Page 2 of 6 PSMAI No. HC0'~
Contract Page Contta~t No. 1D057
37
07/01/2004
City of Delray Beach
Performance Contract
SAMH Services Program
B. Substance Abuse and Mental Health Services
CH 381
CH 386
CH 395
CH 394
CH 397
CH 400
s. 409.906(8)
CH 458
CH 459
CH 464
CH 465
CH 499
CH 553
CH 893
Public Health General Provisions
Particular Conditions Affecting Public Health
Hospital Licensing and Regulation
Mental Health
Substance Abuse Services
Nursing Home
Medicaid
Medical Practice
Osteopathic
Nursing
Pharmacy
Drug, Cosmetic and Household Products
Building Construction Standards
Drug Abuse Prevention and Control
C. Developmental Disabilities
CH 393
Developmental Disabilities
D. Adult Protective Services
CH 415
Adult Protective Services
E. Forensics
CH 916
985.223
s. 985.224
Mentally Deficient and Mentally III Defendants.
Incompetency in Juvenile Delinquency Cases
Delinquency; Interstate Compact on Juveniles
F. Florida Assertive Community Treatment (FACT)
General Appropriations Act 2004-2005
http://www.flsenate.,qov/Session/index.
G. Department of Administrative Services
s 112.061
s 112.3185
CH 120
s 215.422
ss 218.181(16)(b)
s 205.0515
Per diem and Travel Expenses
Contractual Services
Administrative Procedures Act
Warrants and Processing Time
Advanced funds invested in interest bearing
accounts
Public Property and Buildings
07101/'2004
Page 3 of 6 PSMAi No. HC02
Contract Page Contract No. ID057
38
07/01/2004
City of Delray Beach
Performance Contract
SAMH Services l~ogram
CH 287
CH 815
Property and Services
Computer Related Crimes
III. FLORIDA ADMINISTRATIVE CODE (RULES)
A. Child Welfare and Community Based Care
All references to F.A.C. may be found at the following website:
http:l/fac.dos.state.fl.us/faconline/chapter65.pdf
65C-13
65C-14
65C-15
Substitute Care of Children
Group Care
Child Placing Agencies
B. Substance Abuse and Mental Health Services
65D-30
65E-4
65E-5
65E-10
65E-12
65E-14
65E-15
65E-20
Substance Abuse Services Office
Community Mental Health Regulation
Mental Health Act
Psychotic and Emotionally Disturbed Children Pumhase of
Residential Services Rules
Public Mental Health, Crisis Stabilization Units, Short Term
Residential Treatment Programs
Community Substance Abuse and Mental Health Services-
Financial Rules
Continuity of Care Case Management
Forensic Client Services Act Regulation
C. Financial Penalties
65-29
Penalties on Service Providers
Reduction/withholding of funds
65-29.001
Financial Penalties for a Provider's Failure to Comply With a
Requirement for Corrective Action
IV MISCELLANEOUS
A. Depar{ment of Children and Families Operating Procedures
CFOP 215-6, Unusual Incident Reporting and Client Risk Prevention
http :l/www.dcf. state.fl.us/publications/policies/215-6.pdf
B. Federal Cost Principles
07/01/2004
Page4 of 6 PSMAi No. HC02
Contract Page Contract No. 113057
07/01/2004
City of Delray Beach
Performance Contract
SAMH Services Program
OMB Cimular A-21 Cost Principles for Educational Institutions
http :l/www. wh itehouse. Rov lomblcirculars/aO211a021 .html
OMB Cimular A-87 Cost Principles for State, Local and Indian Tribal
Governments
http://www.whitehouse.,qov/omb/cimulars/a087/a087-all, html
OMB Circular A102 Grants and Cooperative Agreements with State and
Local Governments
http :/Iwww. whitehouse. Rov/omb/circularsla l O21a l O2.html
OMB Cimular A-122 Cost Principles for Non-profit Organizations
http ://www. whitehouse.,qov/omb/cimulars/a122/a122.html
C. Audits
OMB Circular A-133 Audits of States, Local Governments and Non-Profit
Organizations
http://www.whitehouse.,qov/omb/circulars/a 133/a 133.html
Subsection 215.97 F.S. Florida Single Audit Act
http://www.flsenate.,qov/statutes/index.
Comptrollers Memorandum #03 (1999-2000): Florida Single Audit Act
Implementation
http://www.dbf, state.fl.us/aadir/cmindex.html#0304
D. Administrative Requirements
45 CFR Part 74 Uniform Administration Requirements for Awards and
Subawards to Institutions of Higher Education, Hospitals, other Non-Profit
Organizations and Other Commercial Organizations
http:llwww.hhs.qovlRrantsnet/adminis/fedreR45.htm
45 CFR Part 92 Uniform Administration Requirements (State and Local
Governments)\
http://www, hhs.,qov/,q rantsnet/adminis/fed re,q45.htm
OMB Circular A110 Uniform Administrative Requirements for Grants and
Other Agreements
http://www.whitehouse.gov/omb/circularsla110la 110.html
E. Data
R. 65E-14.022 F.A.C.
http:llfac.dos.state.fl.uslfaconlinelchapter65.pdf
07/01/200~
Page 5 of 6 PSMA! No. HC02
Contract Page Contract No. ID057
07/01/2004
City of D¢lray Beach
Performance Contract
SAMH Services Program
s 397.321(3)(c) F.S. Data collection & dissemination system
http://www.flsenate. Rov/statutes/index.
s 394.74 F.S. Data Submission
http :l/www.flsenate.,qovlstatuteslindex.
s 394.77 F.S. Uniform management information, accounting, and
reporting systems for providers.
http:l/www.flsenate.,qovlstatuteslindex.
CFP 155-2 Mental Health and Substance Abuse Data
Measurement Handbook
http://www5.myflodda.com/cf web/m,/fiorida2/healthhuman/substa nceabu
sementalhealth/publications/index.html
07101/2004
Page 6 of 6 PSMA! No. HC02
Contract Page Contract No. ID057
41
Exhibit Page 1 of 2
p$MAI No. H~02
42
EXHIBIT G
STATE FUNDING BY PROGRAM, ACTIVITY~ & COST CENTER
~[--1~ *o III
Exhibit Page 2 of 2
43
SAMH Se~ices Pro,ram
INCA
60300~-DETOXIFICATION
$0
603006-P~EVF~TION SERVICES
G/A-COMM SUBSTANCE ABUSE SVCS (100618)
603007-TREATMENT & AFTERCARE
270G7
27AD7
27HIV
27ME?
27WOM
39TC0
ADTRT
SP614
SP615
SP616
SP617
SP618
SP619
SP622
SP623
SP624
SP625
S $0
TOTAL ADULT SU~. ABUSE
602001 -DETOXIF1CATION/ARF
AMOUNT
602002-PREVENTION SERVICES
60200~-TREATMENT & AFTERCARE
$122,637
TOTAL CHILD/ADOL SUB. ABUSE = $122,637
$162,637
MATCH CALCULATIONS APPLICABLE TO CONTRACT
FUNI~ NOT REQUIILING MATCH:
122 7' PRP 6 I =
$162,637
TOTAL FUNDS REQUIRING MATCH = $0
LOCAL MATCH REQUIRED = $0
ADDITIONAL LOCAL MATCH =
GRAND TOTAL LOCAL MATCH =
Exhibit I
DISTRICT 9 OPERATING PROCEDURE
CFOP 215-6.1
STATE OF FLORIDA
DEPARTMENT OF
CHILDREN AND FAMILIES
April 20, 1999
INCIDENT REPORTING AND CLIENT RISK PREVENTION
Purpose. This operating procedure establishes district guidelines for identifying
and reporting information related to cliem risk prevention and incidents as defined
in paragraph 4. This reporting system is created to provide department manage-
ment with early notice and awareness of incidents involving clients and
employees which may require the direct intervention of senior-level management.
Scope.
a. This operating procedure applies to all incident reporting and client risk
prevention in the Department of Children and Families programs, Baker Act
receiving facilities, and contract providers serving clients of the deportment. It
applies to all persons working for and compensated by the depmtment including
volunteers.
b. These reporting procedures do not replace the abuse, neglect and exploitation
reporting system. Regardless of their status as an event in client risk prevention,
allegations of abuse, neglect or exploitation must always be reported immediately
to the Florida Abuse Hotline and appropriate district human rights advocacy
committees as required by law.
Definitions. As used in this Procedure, the following definitions shall apply:
a) Depmtment. Depaxtment of Children and Families.
b) Incident~ An occurrence involving clients, employees, volunteers, or
contract providers.
c) Client. Any person receiving a service from a program operated, funded,
licensed, or regulated by the depax~inent. "
d) Reporter. An employee of the department, volunteer, or
contractual/provider agency having firsthand knowledge of any
incident/event.
e) Institutional Abuse. Allegations involving licensed day care, foster care,
group homes, treatment facilities, residential treatment facilities,
therapeutic foster homes, medical foster homes, and shelter facilities.
Nursing homes and assisted living facilities while not licensed by the
department will be included.
f) Licensed Health Care Professional. A person who is licensed to practice
medicine, osteopathy, or nurse practitioner.
Revised 4/20/99 45
Exhibit I
Definitions of Reportable Incidents.
a) Abuse/Neglect or Exploitation.
b)
c)
d)
e)
h)
i)
J)
This includes all allegations of
INSTITUTIONAL ABUSE/NEGLECT and clients under
PROTECTIVE SUPERVISION. Protective investigators under Family
Safety or Adult Protective Services are responsible for submitting incident
report.
Accident/Injury. Involving client or employee requiring medical
· assistance or potential risk/injury.
Aggressive or abusive behavior by client or employee including, but not
limited to, 'u~e of profanity, loud tone of voice, pushing or shoving. This
includes a physical altercation without injury and incidents requiring
involvement by security. (For clients with special needs or disabilities,
please document only behaviors that are not typical or are uncharacteristic
for client.)
Altercation. A physical confrontation with Injury occurring between a
client and employee, employee and employee, or two or more clients at the
time services are being rendered, or when a client is in the physical
custody of the department, which results in one or more clients or
employees receiving medical treatment by a licensed health care
professional.
Automobile Accident. Accident occurring in private or state vehicle
during the course of employment. Reporting need not be contingent upon
filing of police report and/or damage to any vehicle or injury to driver or
client.
Baker Act. Emergency hospitalization of any client for whom we have
case management responsibility.
Client Death. A person whose life temfinates due to or allegedly due to an
accident, act of abuse, neglect or other incident occurring in a Depa~hr~ent
of Children and Families operated foster home, group home, contracted
facility, service center, Baker Act receiving facility; or when a death
review is required pursuant to CFOP 175-17, Child Death Review
Procedures.
Elopement. The unauthoriz~ absence of any client in a program or
facility licensed, funded, certified, or operated by the department.
Children in the custody of the dep~runent will be reported through the
ICWSIS system. Children in shelter status or under protective supervision
will be reported through incident procedure.
Law Violation. Any arrest of client on our premises or in our custody; or
employee.
Sexual Battery. An allegation of sexual battery by a client on a client,
employee on a client, or client on an employee as evidenced by medical
evidence or law enforcement involvement.
Revised 4/20/99 46
Exhibit I
k) Suicide Attempt. An act which clearly reflects the physical attempt by a
client to cause his or her own death while in the physical custody of the
department or a department contracted or certified provider, which results
in bodily injury requiring medical treatment by a licensed health care
professional.
I) ThefFFacility Property Damage. Sabotage, vandalism or theft of state or
private property including employee losses.
m) Verbal Threat of Violence. To an employee or by an employee in a work-
related situation.
n) Other Event. An unusual occurrence or circumstance that could have
significant public reaction/media coverage or potential liability issue. This
includes bomb threats, fire alarms, natural disasters, kidnapping, riot or
hostage situation, which jeopardizes the health, safety and welfare of
clients or employees.
Procedures. **PLEASE NOTE: Some situations which are likely to have
adverse departmental impact or media coverage may require immediate
notification to the District Administrator or PIO by the program administrator.
Program administrators are responsible for reviewing incidents and taking
appropriate action.
The following steps shall be taken to report an incident:
a) Employee/provider will notify their supervisor immediately.
b) Reporting employee/provider will call the Client Relations Office within
24 hours (561/837-5078) to report incident and obtain log number for
"Incident Report" form.
c) Submit report to Client Relations within three working days with a copy to
the appropriate program administrator. Report can be sent electronically
by cc mail or interact mail (see separate instructions).
d) Client Relations will copy other program administrators and General
Services when appropriate; and the Human Rights Advocacy Committee
on all incidents relating to clients.
Record Keeping
a) Client Relations will maintain ~ file of all incidents received.
Signed Copy on File/Dated 4/20/99
Revised 4/20/99 47
Edward C. Horton
District Nine Administrator
07/01/2004
Pedormance Contract
SAMH Services Program
INFORMED CONSENT FOR FOLLOW-UP SURVEY
I, (prim client name), give permission to contact me
for purposes of obtaining follow-up information concerning my post treatment behavior.
My address and phone number is (please print):
(stree0
(city, state, zip)
(phone number)
If the program is unable to reach me at this phone number, I give permission to speak with the
following people listed below to inquire about any forwarding phone numbers or address
where I may be reached. If follow-up personnel cannot reach me, I give permission for the
person(s) named below to answer questions about my progress since leaving treatment by
answering the questions in the follow-up survey to the best of their knowledge.
Print Name
Relationship
Street
City/State/Zip
Phone #
This Consent for follow-up will expire 18 months post discharge from treatmem unless
cancelled by me.
(Client Signature) Date:__/__/__
I do not wish to provide any follow-up information concerning my post treatment behavior.
(Cliem Signature) Date:__/__/__
Rev. 07101/2004 Contract Page No. 48 PSMAI No. HC02
~ Contract No. ID057
CERTIFICATION REGARDING LOBBYING
Attachment II
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND
COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or an employee
of any agency, a member of congress, an officer or employee of congress, or an employee of
a member of congress in connection with the awarding of any federal contract, the making of
any federal grant, the making of any federal loan, the entedng into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a member of
congress, an officer or employee of congress, or an employee of a member of congress in
connection with this federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
Lula Butler
Name of Authorized Individual
City of Delray Beach
Name of Organization
100 N.W. 1st Avenue - Delra¥ Beach, Florida 33444
Address of Organization
D~te
ID057
Application or CoNtract Number
CF 1123. PDF 03/96
49
Page
ATTACHMENT II__I
The administration of resources awarded by the Department of Children & Families to the provider may be
subject to audits as described in this attachment.
MONITORING
In addition to reviews of andits conducted in accordance with OMB Circular A-133 and Section 215.97,
F.S., as revised, the Department may monitor or conduct oversight reviews to evaluate compliance with
contract, management and programmatic requirements. Such monitoring or other oversight procedures
may include, but not be limited to, on-site visits by Department staff, limited scope audits as def'med by
OMB Circular A-133, as revised, or other procedures. By entering into this agreement, the recipient agrees
to comply and cooperate with any monitoring procedures deemed appropriate by the Department. In the
event the Department determines that a limited scope audit of the recipient is appropriate, the recipient
agrees to comply with any additional instructions provided by the Department regarding such audit. The
recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits
deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERAL REQUIREMENTS
This part is applicable if the recipient is a State or local government or a non-profit organization as defined
in OMB Circular A-133, as revised.
In the event the recipient expends $300,000 ($500,000 for fiscal years ending after December 31, 2003) or
more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit
conducted in accordance with the provisions of OMB Circular A-133, as revised. In determining the
Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards,
including Federal resources received from the Department of Children & Families. The determination of
amounts of Federal awards expended should be in accordance with guidelines established by OMB Circular
A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the
provisions of OMB Circular A-133, as revised, will meet the requirements of this part. In connection with
the above audit requirements, the recipient shall fulfill th~ requirements relative to anditee responsibilities
as provided in Subpart C of OMB Circular A-133, as revised.
The schedule of expenditures should disclose the expenditures by contract number for each contract with
the Department in effect during the audit period. The financial statements should disclose whether or not
the matching requirement was met for each applicable contract. All questioned costs and liabilities due the
Department shall be fully disclosed in the audit report package with reference to the specific contract
number.
04101/04 50
PART II: STATE REQUIREMENTS
This part is applicable iftbe recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida
Statutes.
In the event the recipient expends a total amount of state financial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules oftbe Executive
Office of the Governor, the Chief Financial Officer and Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In determining the state
financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial
assistance, including state financial assistance received fi.om the Department of Children & Families, other
state agencies, and other nonstate entities. State f'mancial assistance does not include Federal direct or
pass-through awards and resources received by a nonstate entity for Federal program matching
requirements.
In connection with the audit requirements addressed in the preceding paragraph, the recipient shall ensure
that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes
submission of a financial reporting package as deemed by Section 215.97(2)(d), Florida Statutes, and
Chapters 10.550 or 10.650, Rules of the Auditor General.
The schedule of expenditures should disclose the expenditures by contract number for each contract with
the Department in effect during the audit period. The financial statements should disclose whether or not
the matching requirement was met for each applicable contract. All questioned costs and liabilities due the
Department shall be fully disclosed in the audit report package with reference to the specific contract
number.
PART III: REPORT SUBMISSION
Any reports, management letters, or other information required to be submitted to the Department pursuant
to this agreement shall be submitted within 180 days after the end of the provider's fiscal year or within 30
days of the recipient's receipt of the audit repor~ whichever occurs first, directly to each of the following
unless otherwise required by Florida Statutes:
A. Contract manager for this contract (2 copies)
B. Department of Children & Families
ASFMI
Building 2, Room 30 l
1317 Winewood Boulevard
Tallahassee, FL 32399-0700
C. Copies of the reporting packages for audits conducted in accordance with OMB Circular A- 133, as
revised, and required by Part I of this agreement shall be submitted, when required by Section .320(d),
OMB Circular A-133, as revised, by or on behalf oftbe recipient directly to the Federal Audit
Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by
Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal
Auditing Clearinghouse), at the following address:
04/01/04 51
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10t~ Street
Jeffersonville, 1N 47132
and other Federal agencies and pass-through entities in accordance with Sections .320(e) and (f),
OMB Circular A-133, as revised.
D. Copies of reporting packages required by Part II of this agreement shall be submitted by or on behaif
of the recipient directly to the following address:
Auditor General's Office
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison SWeet
Tallahassee, Florida 32399-1450
Providers, when submitting audit report packages to the Department for audits done in accordance with
OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit or for-profit
organizations), Rules of the Auditor General, should include, when available, correspondence from the
auditor indicating the date the audit report package was delivered to them. When such correspondence is
not available, the date that the audit report package was delivered by the auditor to the provider must be
indicated in correspondence submitted to the Department in accordance with Chapter 10.558(3) or Chapter
10.657(2) Rules of the Auditor General.
PART IV: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement
for a period of six years from the date the audit report is issued and shall allow the Department or its
designee, Chief Financial Officer or Auditor General access to such records upon request. The recipient
shall ensure that audit working papers are made available to the Department or its designee, Chief Financial
Officer or Auditor General upon request for a period of three years from the date the audit report is issued,
unless extended in writing by the Department.
04/01/04 .-~ 52
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~<
AGENDA ITEM # ~.~,(D, ~)
CHANGE ORDER NO.
(~OMPANY OF SOUTH FLORIDA
- SPECIAL MI~.IZ. TING OF AUGUST 10. 2004
1/CONTRACT ADDITION/THE _IONES
AUGUST 6, 2004
This is before the City Commission to Approve Change Order No. 1 (Contract Addition) in the
amount of $29,768.55 to The Jones Company of South Florida for the relocation of a portion of an
existing water main which conflicts with the installation of the proposed drainage system at the N.W.
18t~ Avenue site, as well as the removal of incidental piping not indicated for removal on the plans.
The work will be performed during the contractor's normal scheduling operations, this will avoid
potential remobilization charges.
Funding is available from 442-5178-536-63.50 (Water/Sewer Renewal & Replacement/Water Mains
and 448-5470-538-65.44 (Stormwater Utility Fund/N.E./N.W. Area - Lake Ida to Atlantic Avenue).
Recommend approval of Change Order No. 1 in the amount of $29,768.55 to The Jones Company of
South Florida for the relocation of a portion of an existing water main.
S:\City Clerk\agenda memos\Change Order. The Jones Company.NW 18
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
SUBJECT:
DATE:
www.mydelraybeach, com
David Harden, City Manager
Rafael Ballestero, Deputy Director of Construction
RETENTION PONDS; NW 18 AVE., NW 15 AVE., SW 7 AVE., (P/N 2003-062)
Agenda Request; Change Order #1
August 3, 2004
Attached is a Special Agenda Request for Change Order #1 to The Jones Company of South
Florida. This change request is for the relocation of a portion of an existing water main which
conflicts with the installation of the proposed drainage system at the NW 18th Avenue site, as well
as removal of incidental piping not indicated for removal on the plans.
This item is requested for Special Agenda in order to have said work performed during the
contractor's normal scheduling operations, to avoid potential remobilization charges.
The amount of this request is $29,768.55.These prices are commensurate with the work to be
performed. A copy of the quotation is attached for your review. Staff recommends approval of
Change Order #1 to The Jones Company of South Florida.
Funding is available as follows:
Account # 448-5470-538-65.44;
NE/NW Area - Lake Ida to Atlantic Avenue, after budget transfer.
$2,730.00
Account # 442-5178-536-63.50;
Water & Sewer Renewal and Replacement / Water Mains
$26,038.55
$29,768.55
cc:
Richard Hasko, P.E.; Director of Environmental Services
Randal Krejcarek, P.E.; City Engineer
Carolanne Kucmerowski; City Clerks Office
Agenda file; 08/03/04
Project File; 2003-062(A)
S:~EngAdmin\Projects~2003~2003-062\CONSTRCT~Special Agnd memo CO#I Jones 08.02.04.doc
CHANGE NO.
PROJECT TITLE:
TO CONTRACTOR:
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
1 (Contract Addition) PROJECT NO. 03-062 DATE:
Retention Ponds, NW 18th Ave., NW 15tk Ave., SW 7tk Ave.
The Jones Company of South Florida
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES 1N THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Relocation of a portion of an existing water main which conflicts with the installation of the proposed drainage system, as well as
removal of incidental piping not shown on the plans.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 10.85 %
TOTAL PER CENT INCREASE TO DATE 10.85 %
$274,237.87
$0.00
$274,237.87
$ 29,768.55
$304,006.42
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
The Jones Company of South Florida
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding is available from accounts: 448-5470-538-65.44, NE/NW Area - Lake Ida to Atlantic Avenue.
DEPARTMENT FUNDING CERTIFIED BY
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND: By:
Environmental Services
City Manager
APPROVED:
ATTEST:
By:
City Attorney City Clerk
THE JONES COMPANY OF SOUTH FLORIDA
GENERAL CONTRACTORS
eTSd PlW 18" ~tme! PHONE: e54..~e3-7300
La~le~ll~, R. 33311 F.~Z: ~e4-~-?~22
July 23, 2004
C~ of Delmy Beach
Department of Envirdnme~t3J Sarvir. as
Engineerin.C Division
434 SOuth ~wlnton Avenue
DaI~y Beach, FL 33~4
Attention: Mr, Rafae[ Baiestero
RE:
Deiray Beach Retention Pon~$
Reque~ tgr Change Order
Dear Mr. Balestero:
Please issue a, Change Order in the arn.cu~ 9f S29,768.$5 for the items Iiated below at NW 18~' Avenue
Ponds:
Item #1 - $26,038.$5
Rerome 8" DiP water line which c3nf!icte with Installation of .~torrn Oraina,;e system includes the
~'oilowing
· Additicnal MOT required 'or road closure $ 200.00
· Furnish and install 2-8" Une Stops 7,500.00
· Furnish and i~stal! 4-8" 45 degree bends w/meg-a4ugs 1,040.68
· Furnish and instal] 2 Thrust Blocks 200.00
· Furnish and instal! 118 L,F. of 8" DIP 1,$81.04
· Sawc~'remove/dispose of 52 SY of asphalt pavement 243.00
· Backfill and install 24" ~imemck ;o match e×istir, g aspnal~ 640.00
, Furnish and instaii 2 "C" Type in!ets 1,676.00
· Furnish and install 2' Sill Asphalt- 52 SY 516.60
· FurniSh end instalt PiG lau.qcher assembly w/PiG 792.00
· Pressure Test and Chtcrinate 40~.O(J
· Bec "T" Test (2) 240.00
· Ore stick 15" HOPEPipe 180,00
· Furnish and install B" Gate Valve 1,18~.00
· Crew/Machine Time 6.200.00
$ 22,642.22
$ ~,396.33
$ 26,038.55
15% Overhead & Profit
ITEM #1 TOTAL
Item #2- $1S80.00 · Cut and plul~ exJstinO Sanita~ Sewer
,, Remm, e a~d dispose of existing Sanl,*.~.ry Satyr Latem! +/-
(The above was not shown o,n plans)
Item #3- $1200.00
· Re4;urvaylng ~ Retention Area dus to an unmarked amc u~known wa~r Jine wlthin t~
proposed cut area
Item #4 - $1150,00
· R~move and dispose o; one c~Ich basin and '~20 L,F, o'~ t2" alumlnum pipe whic'~ was no~
~dlc~t~d on pia~s
TOTAL AMOUNT OF CH~GE ORDER ITEMS 1 THROUGH 4. $29,768,56
WE WILL REQUIRE AN ADDITIONAL 15 DAYS TO PERFORM ~E WORK
it yo~ should have any questions or require additions! ;~ormation, please contact Don Biltuc~i, Chief
F_~matcr.
Agenda Item
AGENDA REQUEST
DATE: August 3, 2004
Request to be placed on:
__ Regular Agenda
X _ SpecialAgenda
__ Workshop Agenda
When: August 10, 2004
Description of item (who, what, where, how much):
Staff requests Commission approval of Change Order #1 to the Jones Company of South Florida. This
change request is for the relocation of a portion of an existing water main which conflicts with the installation
of the proposed drainage system at the NW 18t~ Avenue site, as well as removal of incidental piping not
indicated for removal on the plans.
The amount of this request is $29,768.55. These prices are commensurate with the work to be performed. A
copy of the quotation is attached for your review.
Funding is available as follows:
Account # 448-5470-538-65.44, NE/NW Area, Lake to Atlantic Avenue, after budget transfer,
Account # 442-5178-536-63.50, Water & Sewer Renewal & Replacement / Water Mains
$2,730.00
$26,O38.55
$29,768.55
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation:
Staff recommends approval off,Change Order #1to The Jones Company of South Florida, on the Retention
Ponds Project, #2003-062 /~ /
Department Head ~___~~{q ~
Signature: ~,~ ~ _ ~' ''~- ur
Determination of Consistency with Comprehensive
Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required o~ all items involving expenditure of funds):
Funding a~/ailable YES/NO
Funding alternatives (if applicable)
Account No. & Description See above
Account Balance z/z/j.
City Manager Review:
Approved for agenda:
Hold Until: ,
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
file 2003-062(A)
S:XEngAdmin~Orojects~2003~2003-062\CONSTRCTXSpecial Agnd req CO~I Jones 08.02.04.doc
MYDELRAYBEACH. COM
City of Delray Beach
Administrative Services Memorandum
TO:
FROM:
SUBJECT:
DATE:
David T. Harden, City Manager
~ Robert A. Barcinski, Assistant City Manager
Agenda Item City Commission Workshop August 10, ~004
Funding Request for Roots Cultural Festival, Inc.
August 6, ~g00{
ACTION:
City Commission is requested to consider a funding request received from Ms. Elizabeth
Wesley for certain line item expenses for the 27th Annual Roots Cultural Festival.
BACKGROUND:
Attached is a list of certain line item expenses for the final weekend of the Roots Cultural
Festival. We received this request on August 5, 2004 from Ms. Wesley which is a request to
Commission to consider funding any of the listed expenditures. Commission is requested to
choose any of the listed funding expenses for approval. Funding is available in account code
001-6311-572-83.01 (Misc. Grant). The balance of this account is $13,530.
RECOMMENDATION:
Staffrecommends consideration of this request to fund certain expense items as listed for the
Roots Cultural Festival.
RAB/tas
File:u :sweeney/agenda
Doc: Funding Request for Roots Cultural Festival
Roots Cultural Festival 2004
Expenses:
Old School Square Space & Technician:
Port-a-lets:
$1,030.
Sound (backline): $6,242.50
Fencing (w/screening)
Security (private)
$4,073.
$1,030.
$4,425.
MYDELRA YBEA CI~ COM
City of Delray Beach
Administrative Services Memorandum
TO:
FROM:
SUBJECT:
DATE:
David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Agenda Item City Commission Workshop August 10, ~00'~
Proposed Revisions - Special Event Policies and Procedures
August 6, ~00{
ACTION:
City Commission is requested to consider approval of proposed revisions to the Special
Event Policies and Procedures.
BACKGROUND:
Special Event Policies and Procedures were first adopted one (1) year ago. We have now
had the year to work with these procedures and polices and feel changes are needed to clarify
some sections, address legal concerns, and to try to provide more equity in the
reimbursements to the City.
Attached is a draft of the proposed revisions. These changes were sent to Joe Gillie, Lt.
Geoffrey Williams, Marjorie Ferrer, and Bill Wood for input. Highlights of the proposed
changes are as follows:
1. Section I (B) - deleted due to legal concerns
2. Section III (J) - this section was clarified and a provisions added to require police
staffing for events where alcohol is served or sold
3. Section IV (I) - 501c (4) (10) and (19) categories were added for Social Welfare
Organizations, Fraternal Societies, and Veteran's Organizations
4. Section IV (C) - Intermediate Events - changes were made to reimbursement
schedules. The exemption was reduced from $5,000 to $1,000 and changes were
made to the percentages
5. Section IV (C) - Major Events - changes were made to reimbursement schedules.
The exemption was reduced from $10,000 to $5,000 and changes were made to the
percentages
6. Section V - Neighborhood Block Parties - clarifications were made to policies and
sections added
7. Section VI - Appeals - This section was added due to legal concerns
I have attached a sample comparison of event costs and reimbursements to the City reflecting
reimbursements under the existing policy versus the proposed policy changes.
In addition to the proposed changes Commissions direction is requested on the following:
A. Effective date - staff recommends an effective date of 10/01/04
B. Impact on events already approved which will be held after 10/01/04 - staff
recommends new policies apply
C. 501c status - we currently recognize an event sponsor as non-profit if they have
applied for the required 501c status. Staff recommends that the event sponsor receive
their 501c approval by the time of the event. If not they would be categorized as a
private sponsor
RECOMMENDATION:
Staff recommends approval of proposed revisions to the Special Event Policies and
Procedures with an effective date of 10/01/04 with revisions to apply to events that have been
approved as of this date but will not be held until after 10/01/0 as well as the provision
concerning 501 c status.
RAB/tas
File:u:sweeney/agenda
Doc:Proposed Revisions Special Event Policies and procedures
SPECIAL EVENTS
POLICIES & PROCEDURES
Definitions
A) Special Event - A special event is a non-routine happening or social
activity bringing a large number of people together in a defined area on
City facilities, right of way, or private property which requires City services
to ensure safety and coordination. Special events include activities such
as festivals, concerts, sporting events, parades, walks and runs, etc.
II.
Types of Events
A) Maior Event - An event of one or more day duration with a cost of over
$10,000 for City services, staff overtime and equipment use.
B)
Intermediate Event - An event of one or more day duration with a cost of
between $1,000 and $10,000 for City services, staff overtime, and
equipment use.
c)
Minor Event - An event of one day or less duration, with a cost of under
$1,000 for City services, staff overtime and use of equipment.
III.
General Policies
.... ~ ................................. ~ .......... CCC~C~:C C~
~ ~ Event sponsors are required to obtain all Ci~, State, County and Health
DepaAment permits, licenses and/or inspections as may be needed.
~ Event sponsors are responsible for submitting in writing permission as
may be required from other governmental agencies, private prope~y
owners, and designated managers of City propeAy ~ includin~ the
Tennis Center and Old School Square.
~ Event sponsors are primarily responsible for event promotion, marketing
and adve~ising. City assistance will be provided through its Public
Information Officer web page and other printed publications.
~ Only one major event will be allowed per month, unless othe~ise
approved by City Commission.
Doc:Special Event Policy and Procedure
7/29/2004
A major and intermediate event will not be allowed on the same day or
during the same week.
No more than two (2) intermediate events will be allowed within the same
week when total costs exceed $10,000.
City staff will assist in obtaining parking lot use agreements from the
County and CRA as may be needed.
Event sponsors or their contractors are required to submit required
certificates of insurance, to include liquor liability when applicable, hold
harmless agreements, and any required cash bonds to the City at least
one week before the event.
Submittal Requirement:
· Major Event- Initial requests must be submitted to the City
Manager or his designee at least 90 days prior to the event. The
permit application including all back up material must be submitted
at least 60 days before the event.
· Intermediate Event- Initial requestsmust be submitted to the City
Manager or his designee at least 60 days before the event. The
permit application including all back up material submitted no later
than 45 days prior to the event.
· Minor Event Initial ..... ; ..... *" requests must be submitted to
the City Manager or his designee at least 45 days prior to the
event. The permit application and all back up materials must be
submitted at least 30 days prior to the event.
· Request for a new event must be submitted in writing at least 90
days before the event.
· Event submittals may require (based on the type and the size of the
event)
·Site plan
·Parking plan
·Traffic plan
·Private security plan
·Alcohol control plan
·Police security plan
·Pyrotechnic permit submittals shall be submitted to the Fire-
Rescue Department at least 30 days prior to the scheduled
display.
·Maintenance/clean up plan
City staff .
may provide assistance in developing said plans.
Entertainment schedule
Load in and take down schedule
Event Sponsors will be required to submit an event budget.
Doc:Special Event Policy and Procedure
7/29/2004
L-)J
Event staffinfl
Police .... '~'-*'--" police or other trained non-sworn personnel are
required for:
At the discretion of the Chief of Police or his/her designee based upon
projected attendance numbers, type of event, traffic/pedestrian concerns,
.qeo.qraphic location and site layout.
· Mandatory police personnel are required for events where alcohol
is served or sold by the event sponsor, event vendor, or other
businesses within the event foot print.
Fire - mandatory staffing may be required as determined by the Fire Chief
in consultation with the City Manager or his designee normally when the
total estimated crowd at anyone time in the venue area exceeds 2,500
people. However, staffing requirements must take into account venue
risks, type of activity, and other safety considerations in addition to the
size of the event.
If the Police/Fire Department determines that there is no risk to public
safety, then Police/Fire staffin.q of the event is not necessary.
Minor events will be approved or disapproved at the staff level; all other
events will be approved by the City Commission.
IV.
Event Payment for City Services
1. Event sponsors will be required to pay for costs incurred by the City per
the following schedule. For purposes of this section costs are defined as
City staff overtime costs, stage use and set up costs, barricade rental
charges and costs for signage. Non-profit and charitable organizations
are defined as those with a 501c(3), c(4), e~ c(6), c(10) and c(19)
Doc:Special Event Policy and Proccdure
8/6/2004
designation. All other sponsors not designated as b_y the City e~ a._~s non-
profitJcharitable will be considered as private sponsors. In order to be
considered as a non-profit under one of the categories above, the event
sponsor must have the IRS desi,qnation by the time of the event.
A)
City sponsored or co-sponsored event - No charges for City
costs.
B)
Privately Sponsored Events - Event payment schedule will take
effect as of date of approval of these policies. Years calculated are
based on inception date of the event.
Minor Event ...... *
100% payment of all costs.
Intermediate Event
· Years 1-2
50% payment of costs over $1,000
· After year 2
payment of 100% of costs
Maior Event · Year 1-2
· Year 3
· Year4 ~
· Afte~ Year 5
and after
50% payment of total cost
60% payment of total cost
75% payment of total cost
100% payment of all costs
C) NOnlprofit/Charitable Organization Sponsor Events
Minor Event
· Years 1-2
· Years 3-5
· After year 5
no charges
50% of cost
100% of cost
Intermediate Event ($t,000
· Years 1-2
· Years 3-5 first $5,OOO
· After year 5 first $5,000
- $1o,000)
no charges
no c~me tJm~ $1~000~ 20% ~or ~moum over
$1 ,o0o
charRe first $1,000; 40% for amount over
$ ,000
Filc:u:swecney/cvents
Doc:Special Event Policy and Procedure
7/29/2004
Major Event (over $10,000)
· Years 1-2 no charges
Years 3 5 $10 000 charge ~no/_ ..~. ..... ~ ....., ......
$!0,000 first $5,000; 40% charge for costs
over $5,000
After year 5 ¢,.o, ~ n nnn charge 75% ..~ ..~. .... ~ ..... , ......
cf ?,O,OO0 first $5,000; 60% charge for costs
over $5,000
D)
Permit Fees
Event processing permit fees will be charged as follows:
· Minor event $50.00
· Intermediate Event $100.00
· Major Event $200.00
Above payment structure does not include charges that may be contracted for use of
Old School Square or Tennis Center. Charges specified in contracts for these sites
may be different from and/or in addition to the above schedule.
Additional charges will be made for stage rental and barricade rental. Barricade rental
charges will be levied when the City is required to rent additional barricades. Event
sponsors are responsible for all costs for portalet rentals, barricade rentals from private
companies, area lightin.q rentals, tent1 table, chair rentals and any other costs for
equipment or supplies that the City does not have for use.
Neighborhood Block Parties
~ Permit applications for neighborhood block parties will be reviewed fer
........ ~ ...... ~. .......r.~o~o by the City Manager or his designee
Consideration of approval will be based upon the following policies:
· ~ Permit applications must be received in writing by the City
Manager's Office at least 30 21 days prior to the event.
· ~ Permit applications must be submitted by the Homeowners
Association or where there is no Homeowners Association e¢ by other
individuals with a petition signed by 51% of the homeowners who live
on the block.
· Approvals will only be given for a one (1) block area.
· Consumption or sale of alcohol on City rights-of-way will not be
permitted.
· Structures other than barricades are not allowed in the City rights-of-
way.
· Homeowners Association will be required to pay all overtime costs that
may be incurred.
· Impacts_ due to other events will be considered in approval process.
· Applications will not be approved for any activity past 10 p.m.
5
Filc;u:sw¢cncy/evcnts
Doc:Special Event Policy and procedure
7/2912004
· Approvals will not be given for individual homeowner sponsored parties
or events.
VI.
Permit denials may be appealed to the City Manager within twenty (20) days
of the denial. The City Mana.qer must render a written decision within five
(5) business days thereafter. If the City Manager upholds the denial, then
the applicant may appeal the City Mana.qer's decision to the Circuit Court
of Palm Beach County within thirty (30) days.
A)
Grounds for Denial of Permit
Permit applications shall be reviewed by the Assistant City Manager or
his/her desiqnee within thirty (30) days of submission of the permit
application. Permits may be denied for any of the following reasons:
· The application for permit (including any required attachments and
submissions) is not fully completed and executed;
· The applicant has not tendered the required application fee with the
application or has not tendered the required user fee,
indemnification agreement, insurance certificate, or security deposit
within the times prescribed by the Assistant City Manager or his/her
designee;
· The application for permit contains a material falsehood or
misrepresentation;
· The applicant is legally incompetent to contract or to sue and be
sued;
· The applicant or person on whose behalf the application for permit
was made has on prior occasions damaged municipal park property
within the City of Delray Beach and has not paid in full for such
damage, or has other outstanding and unpaid debts to the City of
Delray Beach;
· A fully executed prior application for permit for the same time and
place has been received, and a permit has been or will be granted
to a prior applicant authorizing uses or activities which do not
reasonably permit multiple occupancy of the particular park or part
hereof;.
· The use or activity intended by the applicant would conflict with
previously planned programs organized and conducted by the City
of Delray Beach and previously scheduled for the same time and
place;
· The proposed use or activity intended by the applicant would
present an unreasonable danger to the health or safety of the
applicant, or other users of the park, of City Employees or of the
public;
· The applicant has not complied or cannot comply with applicable
licensure requirements, ordinances or regulations of the City
concerning the sale or offering of any goods or services;
6
Doc:Special Event Policy and Procedure
7/29/2004
The use or activity intended by the applicant is prohibited by law, by
the City's Code of Ordinances or by these re.qulations.
Doc:Special Event Policy and Procedure
7/29/2004
0000 0000 0
000000000
000000000
0~0~000
qqqqqqqqq
~~00
Types of Tax-Exempt Organizations Page 1 of 1
Internal Revenue Service IRS.gev
Charities & Non-Profits
Types of Tax-Exempt Organizations
Tax Information for Charitable Oroanizafions
L"/ Tax information for charitable, religio-us, scientific, literary, and other organizations exempt
under Internal Revenue Code ("IRC") section 501(c)(3).
V/t Tx ax Information for Social
Welfare
Orclanizations
Tax informatior~ for civic leagues, commt~nity organizations, and other social welfare
organizations exempt under IRC section 501(c)(4).
p01) Tax Information for Labor and Ar~ricultural Omanizations
Tax information for labor and agric~Jltural organizations exempt under IRC section 501(c)(5).
v/Tax Information for Business Leagues
Tax information for trade associations, chambers of commerce, real estate boards, and other
business leagues exempt under IRC section 501(c)(6).
Tax Information for Social Club_s
Tax information for hobby clubs, country clubs, and other organizations formed for social and
recreational purposes, which are exempt under IRC section 501(c)(7).
Tax Information for Fraternal Societies
Tax information for lodges and similar orders and associations exempt under IRC section 501
(c)(8) or 501 (c)(10).
j Tax Information for Veterans' Oroanization_s
Tax information for veterans' organizations, primarily those exempt under IRC section 501(c)
(19).
Tax Information for Emoloyee Associations
Tax information for local associations for employees exempt under IRC section 501 (c)(4),
voluntary employees beneficiary associations exempt under iRC section 501(c)(9), and
supplemental unemployment benefit trusts exempt under IRC section 501(c)(17).
Tax Information for Political Organizations
Tax Information for political parties and campaign committees subject to tax under IRC section
527.
Tax Information for Other Tax-Exempt Omanization~s
Miscellaneous types of organizations that qualify for exemption from federal income tax.
http://www.irs.gov/charities/content/0,,id=96931,00.html 6/23/2004
Nubin, Chevelle
Page 1 of 1
From: Ruby, Susan
Sent: Thursday, August 05, 2004 9:17 AM
To: Harden, David; Nubin, Chevelle
Cc: Perlman, Jeff; 'Delcommish@hotmail.com'
Subject: Agenda item for a special meeting for August10 the agenda
Please consult with the Mayor as to whether he wants the Bexley Park matter to be included as an item on next
weeks agenda. I believe the Mayor will be speaking with D. R. Horton representatives prior to next weeks
meeting on the remaining issue. I am anticipating that the remaining issue will be resolved and, if it is, the
Commission can then give formal direction on whether to accept the proposal. If the Item is placed on the agenda,
the letter and attachments distributed to the Commission last Tuesday night may serve as the back up material for
the agenda item. I will be out of the office on Friday but I can be reached by email or cell phone at 561-479-7494
if you have any questions. Thanks.
Susan ~ :P,.ufrst
City Attorney
200 N. W. 1st Ave.
Delray Beach, FI. 33444
561-243-7091
ruby~.ci.delray-beach.fi.us
8/5/2004
Auguat 3, 2004
S~an Ruby
200 N,W, 1= Ave.
Delray Beach, Florida 33444
Dear Ms. Ruby:
Attached is tho list of initial lot promiun~ and proposed changes that D,R. Herren, Inc. is willing to mak~
in an attempt to seRlc the misunderstanding over the language in our response to the RF~, Contract and
Warranty Deed. In addition ~o the change in lot pre~iums, we have modified the price of the largest
home and will be adding rofrlgerators to the list of standard features.
If this is acceptable to the City of Dclray Beach, please let mc know and the modifications will be made
to any existing conU-~cts to reflect them changes and the remainder of the horaes at Berdey Park will be
offered throngh a series of lottery sales events with the next lottery planned for early October.
Please call me once you have had a chance to rovlow this information with the Mayor and City Council as
we are prepared to start implementing these changes immediately afar w~ receive the City's approval.
Paul $, Romanowaki
Division President
D.R, Herren, he.
1192 But NeWl~tX Center Dfiv~ · Suite 150 ' Deerflcld Beach, Plorida 55442 ~
(954) 428-4854 · Fax~ (954) 428-7591
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BEXLEY PARK PRICING SF
LOT," LOTDEEC. PLAN BAEE: EL~ATION LOTPREM Adt. Prerll, TOTAL NewTotal
1 Phase I 24189-43L $260,0~O $26,000 ~0,-~00 $50,500 $545,500 $335,$00
2 Ph~ I 3002A-GL $290,000 $0 $20,500 $t0,~30 ~.~10,500 $300,500
3 Phase I 27375-GL $285,000 $35,000 $30,500 $10,500 $230,500 $320,500
4 Ph~ l 2418A.QL $260,000 $0 $2O,5OO $t0,60o $2a0,500 $2?0,60o
3 Phase l 32475-GL $290,000 $55,000 $25,5~0 $25,500 $370,500 $350,500
3Phasel I~)2.A-GL $190,000 S0 $25,500 $25,800 $215,500 $2t5,500
7 Phase I 3002B.GL $290,000 $20,000 $20,~00 $I0,500 L.~O,500 $320,500
5 Phase I 3247A-GL $290,000 $0 $20,~00 $10,500 $3,.-.-'~,0,500 $300,600
9 Phase I 27375-GL $235,000 $25,000 $35,500 $25,500 $34.;,500 $335,500
10 Phe*e I 3002A-GR $290,000 S0 $35,500 $25,500 $325,500 $315,500
11 Phase I 'I~02B-GR $190,000 $5,000 $30,500 $10,500 $215,500 $205,300
12 Pheee I 2737A-GR $286,000 $0 $20,~00 $10,600 $305,500 $296,500
13 Phase I 24t85-GR $260,000 $25,000 $20,500 $10,500 $30~.500 $295,800
14 Phese I 3247A-GR '$290,000 $0 $20,500 $t0,500 $350,500 $300,500
15 Phe~e I 3002B-GR $290,000 $20,000 $20,500 $10,500 $530,500 $320,500
76Phesel 1902A-GR $t90,000 $0 $15,500 $0 $205,500 $190,000
77 Phase I 27375-.GL $285,000 $25,000 $18,500 $0 $328,M0 $310,000
78 Phase I 241aA-GL $260,000 $0
79 Phase! 30029-~L $2g0,000 $20,000 $'~8,500 ~0 $$25,600 ~310,000
80 Phase I 3247A.GL $290,000 ~0 $18,500 $0 $325,800 $290,000
81 Phase I 2.4155..GL $280,000 $28,000 $28,000 $18,800 $310,000 $300,800
82 Ph~m I 2418A-GL $260,000 $0 $28,500 $28,500 $285,800 $238,600
83 Phase I 30025-<3L $290,000 $20,000 $10,500 $10,500 ~320,500 $320,800
84 Phm I 19025.GL $190,000 $5,000 $t0,500 $0 $205,600 $195,000
88 Phase I 2418A-GL $260,000 $0 $18,500 $0 $276,800 $280,000
86 Phase I $2475-GL $290,000 $35,000 $15,~00 $0 $380,8(X) $325,000
87 Phase I 3002A-GL $290,000 $0 $20,500 $10,500 ~310,500 $300,800
M Phase I 24185-GR $260,000 $26,000 $20,600 $10,600 $305,500 $296,800
89 Phase I 3247A-GR $290,000 ~0 $15,800 $3 $22.6,500 $290,000
gO Phase I 3002A-GR $2g0,000 $25,000 $18,800 $0 $230,500 $318,000
9t Phase I 1902A-GR $190,000 ~0 $18,800 $0 $205,-~00 $190,000
g2P}'~#l 3002B-GR $290,000 $20,000 $15,500 S0 $328,500 $310,000
g3Phasel 2418A-GR $260,000 ~3 $18,600 $3 $278.600 $260,000
94 Phs,as, I 27375-GR $285,000 $2,5,000 $18,500 $0 $325,600 $310,000
96 Phase I 30025-GR $290.000 $0 $26,600 $20,500 $318,500 $310,800
66Phasel 24169-GR $260,000 $23,000 $25,500 $20,600 $310,600 $306,600
97 Phase I 1002A-GR $100,000 $5 $40,500 $38,500 $230,.500 $228,600
08 Phase I 2418A..GL $260,000 $35,000 $36,800 $45,500 $530,600 $310,300
99 Phase I 2737A..GR $268,000 $0 $18,500 $10,600 $300,500 $296,500
100 Phase I 24155-GL $230,(X)0 $28,000 $t5,600 $10,800 $300,600 $298,600
t01 Phase, I 3002A-~L $290,000 $0 $401500 $35,500 $330,600 $328,500
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LOT #
LOT DESC.
1 Pha~
2 Phase I
3 Pha~a
4 Phase
5 Pha~
6 Phase
7 Phase
8 Phil
9 Pha~
t0 Ph~
11
12 Ph~
13 Phi~
14 Ph;~
16 Phs~
17 Phm~
18 Pha~
t9 P~
20 Pha~
21 Pha~
~ P~
23 P~
~ P~I
25 Ph~
~ Ph~e
27
~ Ph~
~ Ph~
~ Ph~
31 Ph~
~ Ph~
~ Ph~
~ Pha~
~ Pha~
~ Pha~
37 Pha~
~ Pha~
~ Pha~
~ Pha~
41 Pha~
~ P~
43 P~
~ P~I
45 Ph~
~ Ph~
47 Ph~e
~ Ph~e
49 P~
~ Ph~
51 Ph~
~ Pha~
~ Pha~
~ Pha~
~ Pha~
BEXLEY PARK P~CING TH
PLAN BASE LOT PREM Adj. Prem. TOTAL New Total
D $195,0O0 $20,505 $20,5~0 $205,500 $205,500'
S $16a,0oo $o $0 $158,0o0 $168,000
C $180,005 $0 $0 $180,000 $180,000
C $180,000 $0 $0 $180.0O0 $180,000
B $168,000 $0 $0 $168,000 $168,000
D $195,00O $20,500 $20,500 $205,500 $205,500
D $185,000 $40,500 $25,500 $225,500 $2t0,500
B $168,000 .~9..5,500 $10,500 $193,600 $178,500
C $180,000 $25,500 $10,500 $205,500 $190,500
C $180,000 $25,.500 $10,500 $205,500 $190,500
B $168,000 $25,500 $10,500 $190,500 $178,500
D $195.0O0 $35,68O $25,500 $22.0,5O0 $210,500
D $1~.00O $20,50O $20,500 $205A00 $205,500
A $155,000 $10,500 $10,600 $168A00 $166,500
C $180,500 $10,500 $10,500 $190,r~X) $190,500
B $'168,000 ~0 $0 $168,000
D $185,000 $10,500 $10,600 $195,500 $195,500
D $t~,000 $15,500 $15,500 $200,500 $200,500
C $168,000 ~0 $0 $180,000 $180,000
C $180,000 $0 $0 $150,0O0 $'180,000
C $180,000 $0 $0 $180,000 $'180,000
D $168,000 $t0.500 $10,500 $195,500 $'195,500
D $190,000 $10,505 $10,500 $195,500 $195,800
A $168,0OO $0 $0 $195,000 $15.5,000
C $180,0O0 $0 $0 $150,000 $150,000
B $168,000 $0 $0 $168,000 $168,000
D $185,000 $15,600 $'15,500 $200,500 $200,500
D $195,0O0 $16,600 $15,500 $20O.500 $200,500
C $180,000 $0 $0 $150,000 $180,0O0
C S180,000 $0 $0 $'150,000 $180,000
C $180,000 $0 $0 $180,000 $t50,000
D $185,000 $10,500 $'10,500 $'195,500 $195,500
D $185,000 $10,600 $'10,S00 $'195,600 $195,550
C $150,00O $10,800 $0 $190,600 $180,000
C $150,000 $20,600 $20,500 $200,500 $200,500
C $190,000 $20,500 $20,500 $200,500 $200,0O0
D $195,000 $40,500 $30,500 $2~8,500 $2'15,500
D $195,0O0 . $48,$00 $35,500 $230,500 $220,500
C $150,000 $25,500 $20,500 $205,500 $200,500
C $150,000 $35,S00 $20,500 $2O5,500 $205,500
D $168,000 $35,500 $30,500 $220,500 $215,500
D $168,000 $35,500 $30,500 $220,680 ~215,500
A $155,0O0 $2~,680 $20,500 $180,500 $178,500
C $180,000 $25,800 $20,500 $205,500 $200,500
C $180,000 $25,500 $20,$0O $205,500 $200,500
B $168,000 $25,500 $20,500 $183,500 $188,800
D $168,0O0 $35,~O $30,500 $220,500 $215,500
D $188,000 $..~,500 $30,500 $220,500 $2.15,500
A $158,000 $95,5OO $20,,500 $180,500 $175,500
C $150,000 $25,5OO $20,500 $205,50O $200,500
B $168.000 $2S,50O $20,500 $190,500 $188,500
D $185,000 $3S,500 $,t0,500 $220,500 $2'15,500
D $168,000 $35,500 $30,500 $220.500 $2t8,S00
A $155,000 $28,500 $20,~0 $'180,500 $175,500
C $180,000 $28,500 $20,500 $205,500 $200,500
t 'd 298 'ON ep!~otJ 4~nos 'ouI uo~JoH '~'O ~dGO:~ ~OOE '$ '~nv
67 Ph~,e
68 Ph~el
69 Phase
60 Ph~el
61 Pha~e
62 Phar, e I
63 Ph;~se
64 Phsr, e
$180,000 $25,500 $20,,500 $205,500 ~00,500
$168,000 ~.5,1i00 $20,500 $105,500 $188,500
$185,000 ~8,500 $~0,500 $220,500 $215,500
$185,000 ~.~5,500 $30,500 ~.20,~00 $215,$00
$180,000 $20,500 $20,500 $206,500 $200,500
$180,000 S25,500 $20,500 $205,S00 $200,500
$180,000 $25,500 $20,500 $205,500 $200,500
$185,000 $4,5,500 $40,500 $230,500 $225,$00
§ 'd ~98['°N ~p!Jolj q~noS ,ou[ uo~oH '~'d ~d90:~ ~00~ '$ '~nv
BEXLEY PARK PRICING MH
LOT # LOT DESC. BASE
1/21 Phase I $130,000
2/21 Phase I $148,000
3/21 Phase I $150,000
1/22 Phase I $130,000
2/22 Phase I $t48,000
3/22 Phase I $150,000
1/23 Phase I $130,000
2/23 Phase I $148,000
3/23 Phase I $t50,000
1/24 Phase I $130,000
2/24 Phase I $148,000
3/24 Phase I $150,000
1/25 Phase I $t30,000
2/25 Phase I $148,000
3/25 Phase I $150,000
1/26 Phase I $130,000
2/20 Phase I $t48,000
3/25 Phase I $150,000
1/27 Phase I $130,000
2/27 Phase I $148.000
3/27 Phase I $150,000
1/28 Phase I $130,000
2/28 Phase I $148,000
3/28 Phase I $150,000
1/29 Phase I $t30,000
2/29 Phase I $148,000
3/29 Phase I $150,000
LOT PREM Adj Pram TOTAL New Total
$20,500 $15,500 $150,500 $145,500
$20,500 $15,500 $168,500 $163,500
$5,500 $0 $155,500 $150,000
$0 $0 $130,000 $130,000
$5,500 $0 $153,500 $148,000
$5,500 $0 $155,500 $150,000
$0 $0 $130,000 $130,000
$5,500 $0 $153,500 $148,000
$10,500 $5,500 $160,500 $155,500
$0 $0 $130,000 $130,000
$10,500 $5,500 $t58,500 $153,500
$5,500 $0 $155,500 $150,000
$0 $0 $130,000 $t30,000
$5,600 $0 $153,500 $148,000
$5,500 $0 $t55,500 $150,000
$0 $0 $130,000 $130,000
$5,500 $0 $153,500 $148,000
$5,500 $0 $155,500 $150,000
$0 $0 $t30.000 $130,000
$5,500 $0 $153,500 $148,000
$5,500 $0 $155,500 $150,000
$0 $0 $t30,000 $130,000
$5,500 $0 $153,600 $148,000
$5,500 $0 $155,500 $150,000
$20,500 $15.500 $150,500 $145,500
$0 $0 $145,000 $148,000
$20,500 $t5,500 $t70,500 $165,500
9 'd ~98['0N ep!JolJ q~nos 'oul uo~JoH '~'Q ~dgO:t tO0~ 'g